The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-07

Friday. January g. 1851. IA
Mr. Bssros's amendment 10 Mr.. Owns substitute
bill being under consideration the amendment was read
follows:
Strike all after the word rhat, at the ginning of
the first finc and inserts
For the purpose Of aseerianng and settling the private
tides learned in tho law ard skilled the Spanish and
English languages shall be appointed by the President.
shall collect and keep ali the public a,chivss Of California
In relation 70 land grants and also shall call IN for record
cordng The shall return the orgnals to The parties
exesp where forgery Or smuaton shall be suspected ty
sxtant Of the original gran written statement may be
mads Of the claim and recsiyrd for record stating Al The
ccumsanosa la relation tbcrao. and especialy a thai
':s: :ss ]; z 1.s rs. :. .sss .s II IS
missions which have been sscularzed and o all ,ndf
wdasvsa MhsSsr o% tue SpsnsS ,Ss Msscaa
California authoGbes conquest OF Cali
nrs,sn III ,ucS sydenees OF MI. 70 bs said esoraes
upon due and public notification to that efect by the
SIC s. Had b f4,1her enaesd, That receiving such
svdences Of te the said recorder shall cause the
OF all claims, classified according the authority
om which they ssued and retaining abstract in his
Gensfsl Land Office Washington; and it shall be the
duty OF the RECORDER m CONJUNCTION with the district at
them either Of them be Invalid or any cause shall
be the duty of the district attorney 70 issue Jacds,
stating the against e party In possesson claim
ant requiring him 70 aPpea IN the district court and show
his grant canceled and report OF all such decisions 10y
the recorder y snd a. ds, M Y Ss q sEsG:
soner of the Gsnsra Land Office, be by him laid e
fore n: u ns IL y 70 s
In which he deems the claim invalid
the question Of issuing ser esa, against any ciamsn
the sad recorder end district attorney shall be BY
laws, usagss and casos Of The government from which
claim Is derived the Proclamaiions OF the command
icns made with snch the decisions Of the
Supreme Court of the United states, far they ap
lights the Same il il Was question between individ
uss and In all cases clsr possession before the
quest Of the country sha 90 held 10 be p'a taes evl
asss ssc ~nS best 4,.v enacted. Tha, the quantity of
city, or pueblo Jexcepr San Francisco) two leagues in
every direction shall be confirmed to all such towns cities
and puebos, (ncudpg the city of San Francisco formerly
Yerba Buena the occupied parts the
tide. and the parts. il any the municpa
,..y purpo:s. within tho United ae.. and with sh. re-
serve sxoePon all the residue Of the said four leagues
bio, acoosding ths nsucton and decree OF the
general Of .s ,n.ssna provinces Of the West dasd =. chi
Upper Caliprnia and the iour leagnes conmed
s.c 1~d Se 5.sihs, s~oetd, Ths, The grants made
by General keany. San Francisco shall be aud hereby
confirmed 80 far the United States concerned,
and without prejudice individuals; and all the reserves
made for the OF the United Sates such
AZ sha be military pu poses public
buildings shall be and The hereby are granted 10 the
said city Of San Francisco
SIC T. And b. J,fLer tnaeed That all other grants
made by officers under the civil military government
Of the United States since the conquest OF the country shall
be and hereby
Of Congress- and it tha be the duy OF the recorder OF land
titles make special port directed TO the Com
missioner of the General Land Office, practicable
be by him laid before the Secretary Of the Interior and
communicated TO Congress.
SEc A~d Be ii further snoeted Tha, the trial of any
setys aeins the validity OF claim tho decision of the
shall be conclusive in favor OF the claimant
case, except which John Charles F,emont
be a claimant; and In all cases In which he may be
claimant appeal may be taken in favor Of the United
all decisions against the claimant an appeal may In like
msnnsr be taken to the Supreme Court
Src. g. wd be II frhsr ENACTED, That the recorder of
land titles, receiving notice OF each claim, shall lay
down the same ceneeuraily according 70 the claim. on
confirmed shalt order the same 10 be duly surveyed ac-
SEE 10 And BE- further euaet,d That the recorder of
land tes shall keep his office at the seat of OF
hs STATE bu, shall rspai. to The Prne,pa1 1a ee' towns.
notices snd evidences of claims
SIC IL A~d be Il fufher enacted And the said recorder
Of and tides shalt be allowed salary Of thousand
dollars per and twenty cents mile for Nil
receive salary Of thousand dollar. per annum, and
the m,esge and cents hondred words on all
torney be allowed thousand dollars per anuum,
and twenty cents per mile ior bis necessary travelling IN
der this act, in addition TO his oher compensation.
The amendment being read,
Nr. BENTON said: I made general exposition Of
the plan propose yesterday, and shall now explain
some Of lie special provisions before go further nlo its
siiue bill proposed by the senator from California, Mr.
GwM1 The bill which propose consists OF general
and special provisions, the latter ing out OF peculiar
circumstances in Csonia, and necessary to be sepa
rAely attended to in order AVOID injustice and confu
sion. have put myself to the trouble aud labor OF
amning closely the condition OF land titles IN California.
and hope oer nothing 10 the Senate for which there is
not reason TO be found.
The fret OF these special provisions Is in section 5, and
grows out OF the peculiar system OF land dar,buoa or
The Spanish laws called W OF the crown lands in Cali
fornia. The settlement ef the Cafornias was d1e 1erenl
from that IN other paris OF Spanish America il was by
ecclesiastical mss'ons and account OF the temoeress
OF the counyi,s isolation, and exposure to dangers
most beralsyscm oi land distributions was adopted, and
great care taken Tor the protection OF The settlements
Every settlement TO be formed round presdio--
military misunderstanding two common leagues every
way from The centre OF the prtsdo that every point
should be equally convenient Tor protection Within that
extent The captain of the station and the
ncipAl authorities the town, village city which grew
up about IL. authorized dlsrbute land not dis
eretion, but according 10 rule laid down and which was
wse and equitable and adapted 10 the Of every
habhnt First. pueblo village to be laid of, con-
sisng OF streets and squares and within that pueblo
cry settler to have houseot OF many paros he
Spanish yard, three geometrcal feet square then
out-lot for cultivation. of moderate and fixed then
right Of common In the ungraned remainder This sys-
tenn applied 10 every settlement in the county, and these
settlements commenced in Upper California, The One
which we now own, about the time OF The commence
and having originated under peculiar policy, and a. an
exception TO the general mode OF distributing lands in
California, deem II Just and proper, now that we have
become of the country and propose to overhaul
a the titles that should observe the distinctions be-
tween the different kinds OF gransthe difference be-
tween the municipal thus granted IN small parcels IN the
pueblos, and the rural consisting OF large grants IN the
n