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

this subject Ia issuing grants in California. under the
laws OF Mexico, the lands were neversurseyed
TO each other, they here but spaces were le De-
tween the surveys or grants and these lands were
tended for those who industrious descendants OF
those who occupied the adjacent lands and could never
be held under the original adjacent claim unul me
government was dyested OF IFS title. And ailege that ~
has not been done yet
IAN grants made in accordance with thsse regula
tons, from the lime Of their adoption y Juy 7, 1876
when the American h,g raised Monterey and the
coidng Mexican law TIE resuictions against lands
within ten leagues OF the removed
stephen smith Of the Of Bodegs, which received the
approval OF ie snpre'ne goveInmsnt Ia the Macnamtra
the occupation OF Monterey by our forces il is express,
stated that the Of the Mexican governnen
OF this coast from San Francisco San Diego
granted 10 citizens and colonisls by Fgneroa Avara
do and other governors"
Now here is a point to which desire to call the at
enlion OF the Senate Under the Mexican laws. within ten
leagues OF he seacoast no grant could be made by Ca
ofnla and yet the governors OF California have granted
these lands within ten leagues OF The ssacoas, which
have never been affirmed, Of course, by the government
Mexico. These lands under these grants, which were
Illegally taken possession Of and which were positively
prohibited the Citizens have been the possession OF
these within len leagues OF the coast for more
than twenty years that. affirming these titles by the
this amendment, we affirm titles to the public domain IT.
self:
A these wing received the sanction Of the
la Inw be nuli and void. The uprene government
Mexico always reserved to itself the right Of usng any or
of the coast promonories, haibors, public land
the nteIof 1or the purpose oil erecting iof afsshais OF
national storehouses"
| will read no further The reason why have read
this chapter that profess not 10 be very well acquant
ed with the laws governing California and ] can only
CLEAN information have from various works upon that
subject have quoted the latest authority but canno
tell under what feeling of interest the author may have
written his wok-wheher he was Interested as specn-
ator or settler from what motives he has collected the
facts which have communicated TO the Senate have read
The BODY that OF
sufficiently informed upon this subject TO egsa,e
definitely and that the better and prudent course
for will be to leave the rights OF the settler, the
rights of the grantee the rights of the occupant and the
rights under the MISSION to The treaty and to The laws gov
ernng the country and to leave that treaty and those
laws the possession OF the courts TO decide upon the
right OF the United States and the rights oil the various
citizens Let pass law to any class OF men
IN the possession OF property that they ENJOY lie, men
these people lived and the laws OF California then ter
rory, gave them right we are bound under the treaty
to them. And il they have inchoate titles to
properly, rights to landed estate which could be con-
summated under the laws oi Mexico and California they
yet be consunmaled by courts for the treaty re
Quires all their rights TO be protected And II the lands
have been ghtfuy granted. and have been in pos
session of them for but year, they Will be protected
But for those who have been occupying possessions
within leagues OF the seacoast against the laws OF
Mexico, in violation OF the laws OF their own country,
since they espasses and could not hold them against
the government OF Mexico, shall we the United States,
who have purchased this public domain suffer these per-
possess the land for which paid 50 dearly
No, sir AS the senator from Mississippi sald what
we would not do for our own citizens II Is not what
done for the people OF Louisiana when that country
was acquired Sir, II has never been done why, sir,
if had gone and settled in some western State upon
e the finest lands, and had been there hty years.
what right would IL give me to The land! None:
would be considered Hespasser from The beginning
Why, pTeempuon laws are not near 20 liberal as
this proposition And. sir what is the course now par
sued in California Whenever occupant OF land
who claims il by metes happens to find good spot OF
land he takes as much as he wants, Mexcans usually
do, nd Ia Tho hxia In
that the lawyers and agents interested IN these matters
become joint operators with the party who claims the
land under the head right grant, and take their lees out
OF the balance OF the land after giving TO the old settlers
the portion he desires TO claim Tor himself And then
the boundaries cannot be determined with certainty Tor
there records kept there Hence say again. after
looking the subject merely for the purpose OF satisfying
my own mind, come TO the conclusion 10 stand by the
treaty and the laws OF Mexico leaving the courts to de-
eide between the rights OF the persons claiming posses
sion and the United States
] Mr. BENTON. have listened with great deal oi
pleasure the reading OF the work OF Mr. Bayard lay
lor by the senator from Georgia, Mr. DAWSON Bayard
Taylor is handsome writer, and the senator IRON Geo,
gia handsome reader; and II only had time would
take great delight in hearing him read the whole volume
through although have read it myself for II IS one OF
those books which will bear second and athiTd reading
S,l i, would not be received law authority in court
OF Justice We have something above that and ~ IS the
law itself which he is quoting. He first quotes the law
of the Cortes of Old Spain, as has been called Tor the
secuarzaton oil these church lands, made 18th SePlem-
ber 1883 happen to have that act on my table, IN MIR
Jones's report did not choose to trouble the Senate
with reading IT, because happened that the Cores al
that time that condition which the great mathea-
cian OF antiquity was IN when he SAID ne could III the
world had he but place 10 stand upon. The Cortes
happened TO have place 10 stand upon at that Tune
They were off the continent-between land and waer-
on a little island-armles in front, ocean III rear. lney
had no dominion either in Old Spain or New Spain, and
what they passed had effect either in the Old World
or in the New World. Ii the act Of 1888, in Mex.
co which took elect in seculaZlng these estates and
that read Besides that have here the official history
OF the foundation OF these missions, not written IN the
pleasant style of Mr. Taylor but in the form OF reports
from the yiceroys OF Mexico the Kings OF Spain. The
reading OF these dispatches will not be 30 delightful TO
the Senate that with which the senator from georgia
has entertained u.s. and therefore did not read them and
besides did think it necessary. refer to one-an
official despatch from the Viceroy the Count keviia
Ggeda the King, dated IN Mexico, the 27h December
1898.
Ii we were going 10 try the rights Of these missions
ciacease making law and proceeding TO administer il,
then we should look these Official dispatches. The
book Of Mr. Taylor is very handsome, and very inter
esng and very entertaining and the more agreeable az
beautifully read by the senator from Georgia. but still
in pon, OF law, is not OF equal authority with vice.
regal despatch to the King But are not court oi
justice We not trying rights. We are not admin
is,eng law, but trying make law for Others TO admin
ister We institute tribunal to examine these
claims and have commenced the examination ourselves
But make the labor light instead OF reading dry law
we have TO entertaining books OF travel and
pick scraps Of law OF buuches Of flowers But the
aor seemed to be filing himself with alarm while filling
me with delight by his agreeable reading Popery and
pncpaties up before him in most appalling form
Nineteen missions and each mission splendid PrinclPai-
ity the ertance O papis priests foor