The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-07

required by the business and wants OF the com
nupy. and which ought TO give the makers oi them
oquiabe interest iand without the faith o th'
government, Implied by leaving the ACT OF It's agent SO ioni
An Of Congress, eiin9uishinR thus
the lawful mode the interest OF tho United States in shos
tce the city and holders and TO be necessary
give that validity and confidence that ought TO attach
proPsr OF such great value and commercial importance
The seventh section relates to other grants OF this
kind made by American officers since the conquest bu
Of class which do not think it right to confirm without
knowing more about them. therefore provide for .
special report to be made upon them by the recorder o
land titles eavag them after the report to the disposition
OF Congress This class OF grants seem TO have beer
made BY the aiealdeshs ead Of the Turks and Mcors
from which latter the Spanish title OF tads IS derived
with the prefix Of al for The. and is a sort OF justice Of
The peace, or local judge in Spanish legislation.
These alcsldes. cads. Or justices Of the peace in Cali
intc their hsads that. vtui. oed. and as soocssao1s
their od namesakes they Lad the facuy. each within
his township, OF disposng of the pubic lands and IN
cOntinenty acted upon that apprehension One Of these
officials stated his answer 10 an inquiry pu
to him before certain court martial which once sat IL
the arsenal near this city, and 10 which the conduct o.
an officer with respect to one piece OF ground was called
in question. Colonel Fremont, specification under
the charge Of mutiny preferred against hn by the
War Department, convicted OF the mutny in pur-
chasing island Of rock for The government for tort
TO save from the British and lha, being munny, be
wished to what kind oi offence 1t was, and how
far il fac, that other officers civil and military both
sold and gave away public lands and 10 question to
that effect Mr. Edwin Bryant citizen OF Kentucky and
some time tad at San Francisco and witness before
1 u
with respect to ms land operations:
IL supposed the question 10 ref,r this decree, (he
decree oI General kearny) under which, as said, The
land was not actually sold. did, however, alcade o
San Francisco, by Governor Keany's appointment grant
and sci lots belonging the pubc without special orders
from Governor Krarny bur under The usages and
mary powers OF the alcalde."
This is conclusive OF the fact that sales and grants OF
public land Were made in California by at least one
justice Of the peacen American justice with Spanish
titlesnce The conquest OF the country Ii is believed
that many other justices did the same; and deem II
unwise 10 confirm their acts without having list OF
them, and knowing what grants sales they mafe and
their present condition So lar the grants and sales
may have Injured to The benefit of the alcaide himself
either directly or cifcuously, or 10 his kin within the
levcal degrees Of prohibited marriages, should think
il would be well, both penalty for the past and
caution Tor the future, moi to conrm them at all Bat
that will be after question My bill only proposes
report upon all such operations for the information and
future action OF Congress- Mr. jones' in his report, page
81, thus notices these alcalde grants and sales:
Other operations lands which had been reduced
private property the time of the cessation of the for.
mer governm taken place and about different
towns and villages by the acaldes and other municipal
auores continuing to make grants OF lots and outlots
less according mode of the former govern
ment This undetstand, has been done under the sup
position ola right the lands granted, existing in the
specve towns as corporations Transactions OF this nature
have been very large extent, San Francisco sew
hundred -lo. of Ally square, and outo,s of
hundred square, have been thus disposed by the
acades o the place since The occupation of IL
the American forces both those appointed by the naval
and military commanders, and those subsequently chosen
| by the inhabitants"
One other special provision remains TO be stated and
planned is in section s, and relates to the claims of
John Charles Fremont and allows appeal TO the
Supreme Court in all in which there may be de-
the district coar in his favor, while making such
decisions in favor OF other claimants conclusive against
the United States A regard 10 his own character, and
to prevent injury to others on his account induces this
exception. Mr.. Fremont has claim-puchased by an
agent Nr Larkn) without his knowledge of its exist
ence and when he had directed another TO be pur
chased That claim will up with others for adudi-
cation and he felt. when drawing his bill at the last
session, and making decision in favor of the claimant,
either by board OF commissioners the district court,
conclusive in favor Of the claimant, that II might give
occasion to those who were disposed TO say il, to say
that the design TO screen his title from exam
inaon in the Supreme Court He felt this and felt it 10
be unjust; but also felt that would look ostentaous
and uncaed for 10 volunteer exception against him
self. But now, and after what has happened he no
longer feels any hesitation on that accounts and in con-
formy to his feelings, now make the exception which
will take his out OF the general provisions OF the
BILL and subject 10 the gauntlet Of all the courts
from the lowest TO the highest and from the shores OF
the Pacific to the shores of the Atlantic and against
all the counsel which the substitute bill authorizes to be
employed. He is willing to the gauntlet OF all this
according TO his letter in relation to the Mariposa
state which read yesterday; bu, he is not willing
that other claimants should be subjected or that his
exerons in their behalf should be weakened by the sup
position OF an interested motive.
Having explained these special provisions in my bill,
now return to its general plan, and will adduce some
reasons founded in Spanish law and in the state of land
titles in California, in favor OF The leading ideas which
it contains and the leading views which ! presented
yesterday. promised then 10 give "chaptcr and verse
for everyt thing alleged, and now proceed TO do it,
Ispeak, first, OF the leading provision, that of creating
keeper OF the land atchves-a recorderto collect the
titles and evidences OF claims to lands in California and
TO record and preserve them This is Office OF such
evident necessy-ol such general utility both TO the far
claimant and the publlchat il is difficult TO conceive OF
any system Tor ascertaning and settling land titles in a
newly acquired country in which it can be omitted II
is Office which created in upper Louisiana pre-
limnary TO the appointment ot board vi COMM
and still exists there although the board has been long
since discontinued The bill submitted al the last session
contained provision for such oihee. The substitute
offered by The senator present from California
such provision, but merely sets the comm
to word adudcaing titles, with the double appeals to
The district and supreme courts, without any provision
either for preliminary subsequent collection, pteser
vaiion, and record OF titles
| One oil the inquiries 10 which the attention OF Mr..
Jones directed BY the Secretary of the Interior related
10 this very pont-tbe existence and condition ot the
land archives and his shows the necessity Of
creating officer TO collect and preserve all
these evidences of grants and titles tie shows (age ~
that these archives in very imperfect state now,
they were formerly kept at Los Atgeles, but removed
after the conquest 10 Monterey, and besides other nper-
frcions hook OF grants Tor the year 1896 by Col
Ffemont when he governor nj Los Angeles and de-
lvred by him to the officers appointed by Gen Kearny,
was not 10 be found by Mr. Jones'. II the
teral Of a tle land books, being the that covered
the year OF tN conquest. and The one from which Mr..
Fremont made The memoTnndd for The information oi his
government which shall presently notice, and IN which
The grants OF thai year. including the 1900 square leagues
been without any officer appointed by law 10 take care OF
ibem and II stands to that such officer should
now be appointed The bill which | propose provides
for such an officer the bill proposed by Mr. FREMONT at
the last session provided for one The substitute bill
offered BY the senator present IRON California Mr..