The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-08

TO be examined and said attorney shah be entitled to
t4e anne com mpensa,i9a therefor when attending tho
! district couft oi said Territory"
Erraet # act supplementary 10 ths .epoaiaefs pov
| cams ia Florida 80
"s,o 10 had be IL fu,th1 enacted, That il shall be Law,
fu for The President OF the United States appoint Iaw
agent whose special duty shall he TO supernend The in
of the United States IN the premises continue
hn Ia place long the public interest requires his
!nnanee and 70 allow sHe pay 10 'e agent as the Pros
said agent collect testimony Ia behalf ci the United
States attend all occasions said claimants
may take deposiitons; and no deposons so taken by
them iha be read evidence unless said pgent dis.
attorney shall have been notified 10 writing OF the
lime and place Of taking them, SO long previousto said
time AS TO afford TO him an opportunity OF being pessat
What then, becomes OF the senator's ayerment that
the appointment Of lawyer representing the govern
men is unprecedented? Besides il was competent for
the claimants OF all wntten unconfrmed titles embraced
in the report of the board aforesaid 10 bring the
right OF appeal 10 the Supreme Court under the Of the
26h OF May 1894 revived and extended by the act of
tie States OF Louisiana. Missouri, Arkansas, and Of
Alabama aud Mississippi south OF the 3lst degree OF
| latitude.
Before pursuing The other propositions which have
deduced from the royal ordinance of 1854, desire 10
glance al historical incident introduced 10 aid in the de-
feat of bill Tor the adjustment of California land claims
alude TO The revolt ia the city OF Cairo, in Egypt, in the
month of October l799 referred in the senator's speech
two years ago. extensively circulated in California copied
into Revieres book on that country and again having
uary last. The senator represents the revolt coming
from merely request 10 the people TO give in list OF
their titles in order that they might be registered" And
he concludes lha, .'it the people Of Cairo were in
California, and II we proposed TO register their titles
even. nigh, bring on revolt but The people Of Calf
will be TO fly from The country and That will be DONE
The original inhabitants OF California are brave.
% ssa Ssm s
and Arabs OF Egypt people for the most part sunk into
abec poverty and wrechetness in country where there
exists an absolute eudality" the historian Theirs
"A n
querng sodey in rebellion against their sovereign. and
lastly ancient brutaAed race at the service and in
in fact Other GAUGES to which that revolt may be
attributed rather than TO the mere registration OF titles
Let US look for these causes in the military contributions
by land tax levied by Napoleon; TO his orders from
Cairo, erecting nendences every province for the col
lection of the revenues OF the Mau,aukes 10 the over
throw OF The symbols OF Turkish sovereignty; to the
flying OF the iricoored nag from the Great Pyramid.
Pompeys Pillar, and from The oftes mnsrets Of Cairo,
and throughout The provinces and finally 10 the deter
minons by expeditng frmdn against the in6des, and
to the nstgaon OF the insurgents BY the priests and BY
the agents OF the expatriated begs To these, the
more natural and rational causes may be traced that
volt which was extinguished in blood
am disposed, then, to think the senator's apprehen
sions unfounded alarmed as be may have been by
his historical Illustration and that the people OF Califor
MIA, far from being disturbed by the contemplated law
for the speedy registration and settlement OF their titles,
will regard the best safeguard of their real interests
now propose to return 10 my first proposition respect
ing the Spanish ordinance OF 1854, which looks to the
appointment Of sub delegates by the vceoys dispose
plates surpeu as Necessary IKE next rsauaoos snd
which bear directly upon Upper California, those en-
braced in the viceroys instructions dated 18th August
l77a TO the commandan a, the new establishments oi
San Diego and Monterey authorizing The commandant to
designate common lands and grant titles. (Senate Doc.
LIST session 3ls Cong, Rep, Com. No. is, page l34)
On the Is, June, l77s Ds Neve the governor, pre-
pared set of regulations for the government OF Calfor
MIA, which approved by royal order, dated oath
October, 1851. tSame Senate Doc, pages l35 to l4o)
These regulations contemplate the designating by the
government OF soiares house lots and suertss
ing lands
Then comes the "great ordinance" as it has bsen
called of the Intendans, dated 4h December. 1885, Rs
cop, vol page 1885, vol O. page 67 which divides the
Spanish empire into twelve ntendeneas, OF the
Caifornias The eighy-hrs article OF that ordinance
makes the n'endants the exclusive judges in the
district OF their provinces abou the sale, compoai-i
ton, and grant OF royal lands The second article Of
declares that the vceToy shall continue with the extent
OF the superior authority and various powers conferred
on him BY ,he Kings" royal commission and instrue;
ton, and by the laws OF the ndes the governor and
captain general Of that district adding to these high
offices that OF president OF the audencia and chaneery
! OF the metropolis OF Mexico" F.s D
Now, far California is concerned, this second
article OF the ordinance Of l7s6 leaves the power OF
granting lands to the vceroys or their sub-deegaes Just
where the ordinance OF 1854 placed IT, stated in nv
first proposition, deduced from that ordinance and in no
way relaxed or impaired the requirement OF survey in
dspensable 10 complete tile, which is contemplated by
the sixth article OF The said ordinance OF 1854, shown
| by me in the second proposition drew from it, Bsl
The senator, in his speech OF the 7h January, 1881.
stated "bat the distribution OF lands IN California was
taken out OF the general land system, first OF Spain and
then of Mexico that il was specially exemptedi and
that tbs preamble to the o,dinanf OF l7sS-the odi
nance creating twelve insodsnc for the lands
New Spain, under which system Moraies the frat
and perhaps the last for the inendency OF Louisiana
and the senator adds, THAT the grants within the limits
OF their authority, by the local officers OF California were
complete within themselves" &c. Now the only differ
contemplated by the ordinances OF 1854 and 1885,
the granting OF lands, is simply this that the vicrov
den sub-dsiegot,s authorized 10 grant CoiBor-
mia mt
ordinance Of l7S6. was inirus,ed to the iniendant
The duties OF inendants were OF very responsible
character, they charged with the superntendeoce
and regulation OF the royal treasury all its branches
and revenue and hence it deemed proper assgn
that fanconay in the twelve ndencies "the sale
composition, and grant OF royal lands" But in Caorasn,
consequence oil remoeness from the seat of power,
and being without commerce or revenue, there was
reason why should be inc uded in Diendency and
hence before shown, the faculty OF granting rsmainsd
Just where il placed BY the royal ordinance Of l734
and the requirements of this latter ordinance in which -
survey indispensable prerequisite complete co.,
rnaon. remain in full force and effect. 81 Fl +Js5i
The auson OF the senator to the atcndeney Of Mo-
raes induces to remind him that the governor re~.
srai Of louisiana ot the ntendant from he 7,h Feb
mary, l77o, the date of Governor ORey's regulations
pursuant 10 the Kings patent OF the 10Th April 1859,
Recop. vol q page 22s,) until 1885, period of twenty
OF 22d October. l7es. the power Of disposng OF Inc Kings
domain was conferred the Inendant Morales, wboes
regulations bear date July IT. 799 leaving him iess sa
Utssn naonihs within which he could make grants.
the sovereignty Of Spain de rs ceased by the ST Ide
fonso treaty OF LIST October, 1900, although the Spaniads
renamed IN possession afterwards, the IN
tendency having been closed the ls December, 1904
4 h Yh..t IL. = h N Nt