The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-01-12
NEWS BY THE MAILS


Our Washington Corrsspendsnse.
WASHINGTON, January 8, 1851.
California Land Ciaims-Mr. GUMS BI-Mr.
Benton's Bia-Ihe Issue betioeeN them explained
Tremendous amount Of Property involped.
A contest between Mr.. Gwin. OF California, and
Mr. Benton, of Missouri, is now going on in the
u. ;. Senate, upon California land titles. The
issue involves property to the amount OF many
millisns of dollars extending the entire haba
bic surface of California well the aninhabita-
BILE parts thereof The following is the plan by
which Mr.. Gwin proposes to settle all these private
land claims in California =
BILL TO PROVIDE FOR rHn ExAMrsArIos AND srrrLE-
OF TITLES CLAIMS TO LAND IN C.LroRNIA.
Be IL enacted by the Senate and House OF Reprssen-
tatves OF the United states Of America in Congress
settling the private land claims in the State OF Csor
MIA three commissioners shall be appointed by the
President by and with the advice and consent the
Senate who shall their sessions at such times and
at such places as the President shall direct
Sec 2 And be it further enacted, That all persens
claiming lands in California by virtue of any right
derived from the spanish Mexican govern
Mt previous to the seventh OF July, eighteen
hundred and forty shall present the same to the
said commissioners when sitting board, who shall
proceed TO examine the some when ready tor hear
Ing and shall decide whether the same 10 valid in
valid And the district attorney for the proper district
shall appear before the csmmssioners and attend
the several claims in behalf OF United States for
And the marshal Of the district when the board is in
session. shall appoint d. putty marshal TO attend upon
the same for which he shall receive the comp-n-
sa ton is allowed TO the marshal his ate
upon the district court Of his district.
SEQ 8. And be IL further enacted That in deciding
the question OF validity or invadity Of said claims,
the OF missionsrs shall be governed by the
treaty of Guadaupe Hicsl9o, the Law of nations the
laws, usages and customs of he government from
which the claim Is derived the decisions OF the su-
pr-ne Court OF the United States 30 far they apply
and the Law Of prescription in favor of possessory
n n n q ind
SEQ And b. IL further enacted That all testimony
in relation TO such claims shall be taken In writing,
and recorded bound books and for the pur
pore OF taking such testi the board itself when i'm
session, either commissioner at his chambers the
secretary OF the board hereinafter provided for shall
be authorized to administer oaths TO exsmiue and
crorsexsmine Witnesses die the cvide With the
secretary OF the board to be used when the
on for q hearing, the claimant always having due
notice Of taking such testimony when not done at his
Sec And be It further enacted That the said COM
missioners shall be allowed each six thousand dollars
per annum, and twenty Ave cents mile for their
csssary travelling the discharge OF their duties
Sec g. And be IL further enacted That the said COM
missioner shall appoint secretary skilled in the Spa
nsh and En- glish languages and such clerks
necessary. not to exceed five In number. and said
oretary shall make the proceedings ofthe board and
act rs inter prefer and be- allowed three thousend dol
lars year, and twenty mile for necessary
Yelling and the tees OF office hereinafter established;
and the raid clerks shall be allowed each ftee hum
Sec T. And Be it further enacted That in all cases
Of rejection or confirmation Of any claim by the board
OF commissioners it shall and may IL Sful the
claimant the United States to present petition to
tns d,raos court q ,ns proper uio. setting fon
present claimants with the d.raignment OF title
companed by Transcript OF the report of the boarded
commissioners, and Of the papers which II was
founded; and IL shall thereupon and at the next
suing term OF the district Aforesaid be the duty
conformity the decision Of the afore-
said and upon the application OF the party grant
appeal to the Supreme Court OF the United states and
the said Supreme Court OF the United States shall
thereupon proceed fnsy to adjudioa.s such claims.
according to the principles far IS they appcs
BE which are recc gnized the Of Congress- sp-
proved twenty sixth May, eighteen hundred and
lands within the limits Of the state Of MISSOURI and
territory Of Arkansas to institute proceedings TO try
tn. validity 81 Their claims Provided howsvsr That
tered on the journal Of said commissioners within
twenty days after iuch decision and such petition
shall be fled in the district court within six months
nom the date Of the decision OF the tribunal aforesaid
And all lands covered by the claims which may b
finally rejected by said court not brought before the
said court prosecuted within the PERIODS
shall psoaeto revert to the public domain saving for
fences eor.rts and insan. persons asa for an claims
finally confirmed. either by the tribunal court
General Land Once OF plat OF survey duly approved
and certified by the Surveyor General
Sec g. And be 1t further enacted That the Surveyor
General OF California shall all private claims
which may be finally confirmed TO b. surveyed; and In
the location OF these claims, he shall have the
offices Of Louisiana by the sixth section OF the to
create the Office Of surveyor OF the public land. for the
teen hundred aud thirty one
Sec. . And be IL further enacted, That the aeci-
eions IN favor OF claim, shA In all to the
benefit Of the present lawful owner thereof but no
deraignment OF intermediate title need be proved bat
only alleged And any person claiming adversely may
nle eartat againet the fHusnce OF patent u his
prejudice until the contested right IL duly decided in
cour, Of justices but ,uch caresf shall have effect
upon the pr ogress OF the claim TO nnal decision
Sec. TO- And be IL further enacted, That IL shall be
the duty Of the board ascertain report the
Secretary Of the Interior the nature II the claims to
IL
embraced by the foregoing provisions OF this act and
held by civilized Indians or those who are engaged
In labor agriculture. 40, and also those which
occupied and cultivated by Puebos or Rsncheros
Indians.
And the following is Mr.. Benton's proposed sub
stitute;-
AMrspsfSr rRorosrp nv Mn. BsSroS 10 rnr AarSn-
hsNr MADE As y COMMITTEE % rnr WHoLr, Asonu
PORTED TO rus srSArr, va;
Strike out all after the word That At the begin
ming OF the fret line, and insert
For the purpose OF ascertaipins and settling
the private land claims In the State of Ca.fornia
recorder Of land titles learns In the skilled in
the Spanish and English languages shall be appointed
by the President by and with the sdvce and consent
CT the Senate Who shall collect and kesp all the public
archives Of California in relation to land grants and
also shal call In for record all the evdences Of land
titles In California; and after reoordns the same ,hau
return the orgipsh to the parties, except vhsre To-
gerry or Emulation shall be .u,psctsd bv the re-
cordcr. and where there may be no written evidence
extsnt Of the original grapt written statement may
be made o. the claim aud received Tor record stating
all the Circumstances In relation thereto, and ssps-
esy all that relates to the fact Of aetusl possession
Sec. And be Il further enacted, That Il shall be
the drty OF all towns, cities, villages and psublAs aud
81 all missions which have not been secularizsd and
OF all individuals claiming lands In California by vr-
tue 81 rny claim whatever whether derived from the
SPsDish the Mexican the Californian authorities
before the conquest Of California or by any American
oicsr since the conquest TO present ali such evidences
OF title 70 the sad recorder upon due and public not
fcation to that elect by the recorder.
Sec 8 And be IL further enacted. That on receiving
such evidences Of title the said recorder shall causs
the same TO b. recorded In boHp books shall make
out duplicate abstracts all claims els sided acc srd
irg to the authority from which they Issued; and re-
tanning abstract In his osnc. shall transmit the
other 70 tho Commissioner Of the General Land Ofce
at Warrington city ard " shall be the duty Of the
recorder In commune With the district attorney OF
the United States for the d,trist in which the claim
may lie 70 examine the same, ard " believed By them
OF either OF them. 10 DO invalid for any caase "
shall he he duty Of tha 70 Ian.