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

dent and in the months of August. lsi5, and January
lSAo, was The subject OF correspondence from The DE
rartnient OF Foreign Relations. Then followed conces
SION dated an july 1885, from Pho Pico, governor oi The
department OF California, for three thousand leagues IN
he valley o The San Joaquin subject TO the approval OF
the supreme national government Events, often alluded
10, happy frustrated the consummauon of that grant
ana became, as now is, absolutely forfeited Uosd ana
Of a0n-ete6 ##
want no doctrine brought up, no new principle
Tor The settlement OF land claims recognised that Will lei
IN upon the people such vampire grants, great or small
And here becomes my duty to refer to the speech oi
The senator from Missouri the Sd January last 10 sup
quoted eight articles, which he called ga few extracts
rom the general colonization laws OF Mexico" One OF
those the l9h refers to the quantity which shall be
granted TO each eplessaro who introduces and estab
fishes families in any of the provinces designated Tor col
onzaon ana another OF these he quoted declares lha
the date OF the concession Tor lands constitutes an IN
vLolaoe ,aw ior the right OF properly ana iesal owner
ship This may have given rise TO the hew.fanged
theories az to what constitutes " perfect titles IN Cali
| forna under the Mexican laws. .a
But must call the attention OF the Senate and Inc
country to the fact that the colonization laws from which
these extracts taken bear date nth April 1923, du
ring the times of the usurpation of lturbide the expelled
their adoption suspended, that. therefore, they are moi
the law at ALL having after their suspension, remained
imperative, and having virtually ceased TO exist there
being believe that grants Of land were ever
made under them in Upper California (See report dated
st March, 1922 from the secretary OF State OF the Ter
rtory OF California. Senate Rep Com No. IS, lst sess
The tenth section Of the senator's plan requires the re-
corder to keep his office at the seat OF government OF the
Sale and TO go tour OF collection OF notices and
evidences OF claims the eleventh and last section ma
king provision for compensation. The bill does no
say lchen he shall go, when he shall eturn-wheher
in one month, six months, year. or SIX years-a un-
certain, ndehite, and lnconclusiye But at some time,
no one can predict when, II sets the two lawyers, re-
corder and district attorney at work TO attack titles with
sne tdeias All those attacked by setre faeas, when
decided against the United States settled without ap
peal 1t may turn out thar claimants IN the northern
Judicial district OF California may have their titles dis
posed OF upon set of principles by court and those
the southern district may have theirs determined upon
another and dierent rule Two different courts each
operating within the sphere OF its jurisdiction, may
leave claimants in the anomalous and extraordinary con-
dtion of having their claims rejected or allowed upon
different principles claim rejected by the one court
which would have been affirmed b. the other and the
senator's bill, when the decision against the United
States denies them the privilege OF AN appeal TO high
appellate arbitrator, whatever may be The value OF me
land in controversy.
They may repose in siIess security after the lapse OF
two three or even more years, believing that they
have escaped the odous pdrfs in9ution proposed oy
the senator's bill when, 10! they find themselves ar
ragned by either OF the legal functonares and called to
why they should not de deprived of their properly
by their claim being declared invalid The population OF
California for the year 1915 estimated at Is 900
whites 900 domesticated Indians and co. 900 other In
dams For the year lSi7 II was estimated at $4,000
Spanish whites and mixed bloods, 1000 Americans,
Englsh and French, aud "a 900 Indians of which 600
domescaed These facts appear from the report,
dated 17h July, ls4s, OF the Secretary of State of the
United States communicated by the President in an
swer to resolution OF the House Of Representatives.
(Ex. Doc No. 10, lst sess. 30,h Cong, p. 81
We may then assume that the whsts population Of Cali
ornia. at the change OF government was about sixteen
thousand and the present population OF The State may
be estimated two hundred and fifty thousand Now,
hesitate to say that, under the belief. no doubt hon
esy entertained OF careful consideration Tor the inter-
ests OF these original inhabitants OF California, we have
system urged upon which, in my opinion, would do
than any other that human ingenuity could conrive
TO bankrupt RUN, and destroy bem to keep the country
in upoar and confuson 10 check retard, and PROSTATE
vital interests II would open the door to fraud, per-
jury, pecuation, and speculation. Every species OF
crime known the law OF titles would come IN under lis
cover TO tear up honest claims by the roots, by forcing
in their place fraudulent and anedated ones to drive
valid and bonn de holders 10 ruinous compromises with
corrupt and swndling speculation IL would lei IN the
base 81 and oules fall upon and destroy the unsuspec
ing and unwary would be the revery and triumph OF
guilt Of the wicked over the good and the old poPula
ton of California would be the sport OF it's cupdlty,
whilst the enterprsng and active people, the present pop
ulaon, who have gone there 10 erect and strengthen the
pillars OF the republic on the shores oil the Pacihc,
would be equal sufferers from this disastrous and mis-
taken policy.
And then, after the seire fueias shall have done It's
work. after it shall have seized upon ard despatched lis
prev how the honest titles claims LETT which may
have escaped lis reach Except being admitted to record
they left Just where they were before the senators
bill was dreamed Of Inference may suggest, as have
stated that designed to confirm them; but not
word of the billnot word sirdecares thus class con-
6rmed They, like Mabomets coffin, are lett sus-
nded as ii were between heaven and earth, until in
the course OF human events future Legislation may
to the rescue and the owners and others are to be
lett, the time, TO groan under the dithcues and
disorders thus mprovdenuy proposed to be enlaed upon
them.
Dsavowing. them and denouncing. as ! do here now
and will do everywhere the senator's project lraugbt
with evils incuTable and endless to my constituents
hail with pleasure the bull from the Judiciary Committee,
covering substantially every principle Tor which have
contended.
We have right Mr.. President, to ask of the Congress
of The United States settlement, upon feasible and
uonal pan OF private land titles and this should be
done speedily. efiecually and fairly We have right
further ask that shall have the public domain
veyed and sold, that our people may be able TO Sc
cure titles 10 their farms and town-lo,s, and that they
may feel the fostering OF just and generous gov
ernment H# .I
The remoeness OF Spanish America necessarily caused
less active growth the population OF tba, distant
province shown by the Tact OF the sparsey settled con-
dtion of the country late the year ist7 The adj
mnsiraon of the country. through the viceroys COVER
nors and other officers, on account OF the remote
from the seat Of authority less energetic, regular
aad certain all that related TO real estate and The DIS
posal OF the royal domain. Although Upper California
was discovered the year l542 by the Spanish navga-
tor Cobra, steps taken to settle and civlze the
upper province until l76s, when the Marquis de Crolk,
he viceroy OF Mexico determined upon settling the
province. and in that year missionary president and hs
appointed Tor The enterprise and accord
ngy the settlements the re began IN 1863, and
continued and extended through the lnstrumenaiiy OF
missionaries.
What was the general law of Spain prior TO and sub
seauent First there the Council OF the Indies, IN
sitaed by ordinance 1894 OF the Emperor Charles
and the Queen of JOANNA in order effecually 10
govern their transatlantic dominions.
The laws relating to the organization OF the tribunals,
IN the mowers OF the different officers OF and
to the grants OF public lands the American possessions