The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-10

Ill Of it. claims upon these reserves except such portion
- may be requssd for government purposes provided
the actual occupants whe have reclaimed lots these
allowed retain them, that they should be
guaranteed from loss.
Section seven has been heretofore referred to-
Section eight provides that the trial OF any scare
acas the decision OF the district court shall be conclu
sye IN favor Of the claimant and IN all decisions against
CO ~ an a. appeal may b taken the
hon to cases in which my colleague Mr. FsEMosT may
be interested an utterly opposed TO- can appreciate
ns moyss which sapisd ITS ~ lni" Inc o
any claim to land in California TO which be does moi
consider himself justly entitled shall ever oppose any
OF other parties claiming land in that State
sanction the principle that the decision OF the district
court in favor OF land claimants IN California shall be
the right of appeal being granted to the United States
well the claimant have fully stated my reasons
in favor OF this principle heretofore, that do not con-
slider it necessary to go into the argument again.
The tenth section is as follows:
"SEc. TO- And be IL further enacted That the recorder Of
land titles shall keep his Office at the seat Of Of
the State but shall thc principal cities towns
and settlements, due and public notice. receive
tees and evidences oil claims"
The section is defective, because obligation is i'm
posed upon the claimants bring forward and register
their claims, il being left to their discretion when they
shall present their claims for record Unless land claim
required present their claims within specified
Element OF land claims in California The duties imposed
upon the recorder of land titles in this bill will not If il
becomes law be fully executed in twenty years He is
required repair the principal Cities towns and settle
ments, to receive notices and evidences OF CLAIMS He
has power to require the parties to register their claims
il left entirely to their option 1t they refuse or fail to
do So they incur forfeiture, and respect impair
their rights Under these circumstances can expect no
speedy settlement OF these claims.
Having thus reviewed the details OF the bill, shall
present few general observations in regard to it There
nothing in the bill providing for the settlement Of
ctng claims Every evidence OF title is be received
and recorded no matter how many other claims may
conflict with Each may be equally fair lis face, and
there provision for the trial Of each its merits
Thus litigation is encouraged and pepetuated against all
principles Of the common law and common justice
Ii this bill becomes a law, do not believe there is
power enough in this government to carry into
ton in California 1t will spread CONSERVATION through
out the State it will be looked upon edic to
firm all the great land claims, about which there has
ised and still exists great excitement in that country
Excepting the unexpored regions of the northern portion
OF the State and some portions OF the mines will be
considered that there is no public domain IN California
Mr. William Carey Jones is led into when he relies
the information communicated in his report that there
is but private claim extending into the gold mines
others know exist Johnsons rancho, which is owned
by OF my best friends in that country, i'm
porant portion OF the gold mines the substitute Of
tered TO my bill by the senator from Missouri becomes
law, OF two things will occur in California the
Inhabitants, four-hflhs ii not etenths OF whom own
no land will make terms with the land claimants, and
TO force them TO neither alternative There no valid
land claims in California, except those derived from
Spain and Mexico wish them examined and tried on
their merts--if valid, that they should be separated
from the public domain, and known by every phi
property that must be respected and protected;
if invalid that they shall be declared by the hghes
Judicial tribunal OF the country, and forever barred.
wish this done speedily, to put down litigation. not to
encourage, and that these decisions shall be final be-
eve that the bill proposed by will accomplish hi.
object and if any measure be brought forward &c
quiet the land titles in that country and separate private
property from public domain, more efectuay than il
provided for in this bill, will give my earnest ant
hearty support claim credit for having introduced
it, As said before, is based upon the practice OF th
government and adapted in its details the decisions
the Supreme Court OF the United States. believe it
passage will be eninently beneficial 10 my constituents
and that will promote and the peace and perma
nent tranquility of the State.