The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-10
CONGRESSIONAL,
SPEECH OF RIR WIN,
OF CALIFORNIA,


Mr.. GWlN said: Mr. President, i, is fortunate for
that am not required 10 prepare an argument of my
own in support Of this bill Il is prepared and ready
for my use, and | only required to read il 10 the
Senate.
Tbsrs is no claim to originality in the bill claim no
eledl for originating single provision OF IT. based
upon sxpostons OF treaty obligations to protect private
property and guard against frauds upon the government
% land owner decisions OF the Supreme Court OF the
Unled States This hill is framed in accordance with
the declsiOns o that distinguished tribunal, whose
thOFiiy Is universally respected. We look in vain
amengst these decisions Tor authority 10 sustain the allie
getons against this bill that il violates the treaty with
Mexico the law oil nations the laws usages and
toms 0f the governments that granted these claims We
look "A vsn among those decisions for authority
I'm ne aafce denunclaons that have been heaed upon
this 3aysnment for the system adopted to settle land
claiMS ~ the countries ceded by France and Spain. II
thu 1velem 10 monsrous il has been represented
h0hs. escaped the of lnis august tribunal
bW&x will say no more this subject but proceed 10
the EXAMINATION OF the origin OF the California land
claims. brie description Of their origin may be
the country in the settlement Of these claims shall rely
for authority this point principally upon the able report
on California land claims made BY Captain Halleck OF
the United States army while acting Secretary OF Stale
under the de taeto government OF California and the
documents that accompany that report II was made to
,ee acting governw Colonel Maso0) on the first Of
Before proceed to read from the report of Captain Hal
leck, will call the attention OF the Senate what the
senator from Missouri said in commenting this bill
But the substitute which is before us goes tue whole
length of running the OF all three And what
must be the resul, II must be that the caima except
some great cases, and cases in which probably some
Aae oan is aignedso much the French aud Span
sh afraid OF lawsuitsthat the parties will surrender the
rather undertake pursue them through three
lawsuits have deemed particularly hard apply these
pr,ncpes 70 any people, and especially 10 the people of
the part OF the Crown OF Spain 20 and accop
there lands as gracious gift The people induced
90 there, sir and accept these gracio GUT
they fo ed great inducements epi them
Now, sr these people, after having been induced TO
accept hese lands as gracious g after having been paid
several years. IN the course OF events fall under the domn
ion OF the United States ncontneny the same mo-
when we With strokes Of the pcn pass oil
900 OF Of public land-ca ii hundred millions
equal TO four States large the State of Ohio gone
IN this these threeold trials are 10 be
brought against the people OF California, away the
ands which they Were induced 10 from the Crown
:. And he, American, who has some knowledge of the
with respect bis property to be brought up as
why the people California shall be dragged through
Of the United States in order defend land which the
Ang OF Spain induced item and paid them accept three
quarters Of a century ago"
Now. sir, let examine the claims that were granted
by the Lrown Of Spain which is alleged to run the
gauntlet Of three lawsuits. These claims described
before him. 10 which he refers for his authority and pub
fishes them with ha report:
Lacs a~d rssafens gov~ing grants sales of public
laads IN CALIFORNIA.
The first authority for granting land in Upper California
vicefoys Instructions 10 the command
OF the embellishments of " San Diego Monte
", u ~. n.
Of these Instructions the commandan, empowered both
10 designate common lands, and to grant titles indivd-
missions puebos. He nigh, also, he deemed erpe
disnt, change any mission into pueblo, and subject
pueblos OF the kingdom.-Vtde Apps~d,r No. l.
On the 2lst Of September, 77I the vceroy the
the soldiers Of the garrison marry baprizod Indian
giis OF the mission, and authorizing the assignment OF
kind wa. ths, Of piece Of land in camai Valley, Of one
hundred and orty 'arss to Manual Buron who had mar
red an Indian snl OF the mission Of San Carlos
la order better carry wishes Of the Spanish
government in references the establishment of depos of
Spanish vessels from East lnes and furnish sup
plies 10 the garrson Of tho presdos, directions
Two put bos-ons the ''ko Guadalupe, other
on the Rio Porcnculo--and portion ground the
On the Isl Of June, 1779 governor up new set
Of regulations for the government OF California which
Tile fourteen regulations contains instructions re-
specuDy colonization and the government OF the colo
per annum for the first years, aud 500 per for
me next three years and, also, to have the loan OF
squares, municipal and lands OF puebos ard
e sodtf or house lois and OF sowing lands OF the
Discharged soldier. were 70 receive bs,das and plant.
ing lots The same the colonist All the pobtadors
wood on the common lands Of the puebos. Certain
ao. were to be attached TO these grants OF land such as
he building OF houses, planting OF trees, NC within
c'hed period OF time.-Vids At7sndir No. q
These regulations, with slight notifications, have
formed the basis of the laws which have ever since gov
srned the pueblos Of California:
On The 2 Of October 79 orders wero sent Governor
homen authorizing the captains OF the dos grant and
distribute house lots lands the soldiers and citizens
~h the extent OF two common leagues in direction
No
hese are the Spanish grants for which the senator
pleads 90 feelingly and what they Pueblo and
mission lots; privileges OF grazing and cutting wood
MOI single large contested claim California 30 lar as
have been able to ascertain, emanated from the
and perhaps others. originated with that government
and what does The bill before the Senate propose to do
win the former The 10Th section oi the bill provides
That shall be the duty Of the board ascertain and
report 10 the Secretary the Inferior the nature OF the
claims other lands, any such there be mot
otsccd by the foregoing provisions Of hs ac nna Also
the character the which the mission lands are
held and hose held by cviz zed ndant or those who are
stghGcd In labor agriculture, Nc and also those which
are occupied and cultivated by Puebos or kancheros In
dians."
This s the fiery ordeal described by the senator through
which these Spanish elaine TO They are to be
reported upon the Secretary Of the nerorthe people
be disturbed in their rights possessions not 10
be frightened out OF their wits, IA the senator lntmates
driven by our oppression to abandon their homes and
seek protection and other lands under the paerns gov
eminent Of Spain; government which has swept like
pestence over the farest portions OF America; whose
officers were the robbers OF this continent; who spread
devastation by Are and sword everywhere they went And
why driven from country TO seek such an asylum
Because this board 10 inquire into the tenure oy which
they hold their POSSESSIONS and report 10 he secretary OF
the Interior And what then Why, upon his examina-
on and Congress will confirm every one
OF them that honestly and fairly obtained the pares
remaining in the mean time in quiet and nndslnroeo
Possession OF their property.
Rut h. rna