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

order that they may do with zeal and profit the vice
Ioys and presidents shall, in grant them los
ands and waters, taking into consideration the situation
OF The land provided il be not 10 the prejudice OF any
lhrd person and that said grant be Tor such period as
we shall determine" H.
/ The vieeroys reflected the power and majesty Of the
monarchs, according to Soorzasos PoIica Indiana =
Rscop,, vo. IL, pp 1868, 900.
Iniracing up the history OF the Spanish law. we APP
have shown were made in 1869 in Upper California, and
find the policy and law expressly laid down in the royal
regulation given by the King al San Lorenzo FL Real,
bearing date 18th October, l734
/ Let II be remembered that this regulation was only
fifteen years before the first settlements in Upper Caor
MA and that was subsisng al the time OF those settle
ments and afterwards. ,Wsa.asl#.
Aud what does it say the subject of granting lands
registration OF titles, and The necessity Of surrey as pre-
",ha from the dale Of this my royal ORDER the power Of
appointing sub-delegate Judges 10 sell and compromise
for the lands and uncultiya.ed parts Of the said domn
ions shall belong thereafter exclusively TO The viceroys
and presidents Of my royal audencias Of those kingdoms
who shall send them their appointment commission
with % an authentic copy Of this reg rysgualion." nc
and the appointment which shall be issued in the form
prescribed in the rst section being received by the pra
cpal sub delegate they shall furnish their part gen
eIa orders to The justices OF the capitals and chief places
OF their respective districts, commanding them to be pub
ished therein in the usual, with other general
orders sssued by vceoys Presidents and audiencas re-
lang TO my service, that every and all persons who
shall have possessed royal lands whether settled, culii
vaed titled, not from the year 100 till the day OF the
gate BY themselves their correspondents or attorneys
the titles and patents in virtue of which they hold their
land For this exhibition adequate time shall be liked,
proportoned TO the distances and notice shall be given
that they shall be deprived of and ejeced from such lands
and grants OF them made 10 other persons If they fa TO
exhibit their warrants within the limited time, without
The 9th article orders that If, by the proceedings that
should have been used for the sale and compositions
confirmed since the year l7oo it shall appear tha, these
royal lands have not been surveyed valued, as is un
destood 10 be The case IN some provinces the contrna
ton shall be withheld until this be executed" &c.
The 18th article requires that in the Instant provinces
of the audencias where ntervenes Caracas.
Havana, &c, and ia others OF like situation, Confrna
tons shall be issued by their governors with the advice
OF the oclaes reaes kings scal minister's and oi the
lieutenant general letrado, where he may be Stationed"
&c. Hal@ ....r \
And the last paragraph Of the 4h and last article of
that royal ordinance expressly declares that all the pro-
visions of this reputation be strictly and punctua'ly OBJ
served by my viceIoys audencias presidents and gov
OF all my domnons OF the Indies, and by subdel
egaes and other persons whom lis observance does
may concern, and that il be not violated for any
preext II is proper for my service and the
good OF those subjects" t
This royal order Of 1854, as d fundamental law OF
| Spain, establishes four propositions viz:
lst That from the date OF that order the power OF ap
pointing subdelegae Judges to dispose OF uncultvaied
lands belonged exclusively the vceroys and presidents
OF the royal audiencIas.
I'd. That j, required every and all persons who shall
have possessed royal lands. whether settled cultivated
titled not, from the year 100 I'LL the day OF pubica
ton OF SAID ORDER, TO come forward and exhibit their
titles patents virtue OF which they hold the land "
in default Of which. pittn i,mited time and sathou
sufficient CaAse, il declared that they should be de-
pfved of and eeeea from such onds and Of them
3D. That in unconhrmed from the year 100 that
ordinance looked TO survey and valuation indispensa
BILE Prerequisites to continuation, by declaring that the
connrmaton shall be withheld till this be executed"
And l.h That the last article of that ordinance max
it applicable TO the Spanish uamaIine possessions.
Tins hIst proposition may es eons,deIea re-, hereafter, IN
OF 1856, establishing twelve Inendencies, exclusive of
the CALIFORNIA;, in the Spanish empire.
The second proposition now bring IN review, bear
ing upon the remarks of the Missouri, Mr.
BrSTok.l upon provision the bill which introduced
and which, substance, rs to be found in that reported
to come forward and establish their before board
Of with the privilege OF seeking Judicial
decision in the court below, with right OF appeal to the
| The senator's remarks now alluded 10 were made be
fore the Senate the sih of January last, and
follows;
81 say there anything like IT upon God al.
mighy's earth There has been such thing general
forfeiture OF landed properly of conquered countries in
barbarian but there never such thing as that
of every land claimant 10 county being required
gwen day, and here ght for his possessions with
has naked hands against lawyer representing the
This the version the senator has been pleased to give
OF obviously Just and necessary measure.
Now the Senate shall how plain narrative of
facts will efec,uay contradict and put down this
ton aud, with perfect deieTsnce, may be permitted 10
say that he a wise indeed who speak with
certainly as TO everything has no, happened on the
face OF the earth like degree of confidence might
bic him 60 step further and claim knowledge, not
only of everything that has actually happened but
of everything that may hereafter occur in the history OF
man Aud now have to say, that measure kindred to
reported by the Judiciary Committee, but denounced
by the senator, which simply seeks TO settle titles
forever, in fair and honest way may be found under
the paienal government OF Spain loudly eulogzed by
the senator The precedent - that treated OF under the
second proposition have deduced from the royal ordt-
nance OF 1854, which required every and all persons
TO forward and establish their titles before sub
delegate officer OF the government ALL CLAIMANTS
during period Of more than half century re-
qured 10 appear and make proof or their titles would be
aited and their lands granted to Others The adudlca
ton be made by The "sub-delcgae," and, as he
appointed by the vlceroy, his decisons could be
viewed BY that ohcer. aud by express law of the
ndies Lib. 2, Tit Is, Law 35Reeop vol page 3l,) il
himself asgrieved by any Official ACT decson OF the
viceroy president. he appeal 10 audiences,
where justice shall be done to him. according 10 the laws
and ordinances and the and presidents shall not
prevent iher appeals shall be present at the exam
naon aud decisions OF their Tor which purpose
they shall abstain from attending" Here, Mr. Presi
dent, we have the three tribunals Represented in this bill
Courts) established by Spain nearly hundred ago,
under which these claims org mated TO settle
questions arising under the land laws OF the kingdom. But
still further fortified by direct preccdents under
government, sonne o. which will give. Facts
after facts, indeed, sucoessively arise to convict the
learned senator Of egregious mistakes and bunders on
this point
By the sixth section OF the act of Congress Of the Sd
OF March, 1905, entitled An act Tor ascertanlDg and
adjusting the titles and claims 10 land within the Terr
tory OF Orleans and the district of Louisiana boards of
commissioners appointed for The purpose OF