The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-10

of commissioners and finally settled and not be permit
led to hang over The country to be brought hereafter !.
under titles derived from the United States II the
charges against these claims false et be proved
ii uue let them be rejected and forever put As
to the great MacNamara claim if any effort is made
to resuscate il, the sooner the better have fear
ofits ever doing any harm to the country when The power
is given TO the august tribunal below us Uhe Supreme
! CoarD to SIT in Judgment upon II,
The fourth objection is, that the district attorney is
quired to attend the meetings of the court think The
precauon is perfectly proper and thus portion OF the bill
needs no defence,
The fifth objection is. that the of the 2e'h OF May.
1874, is TO be taken into consideration by the board and
The courts. The senator says This will be trying The
claims by an er post faeto law He should have borne
IN mind that the principles OF the law OF 1924 are TO gov
ern the board aud courts only far they appca.
Bile. II the act of 1924 founded the great ordi-
nance OF l7s6, and California was specially excepted
IRON the operation OF that ordinance, then the law o
lS24 ~ not applicable 10 land claims Ia Caliiurna. and
The board OF commissioners anu the courts will decide,
II the facts stated by the senator But think he
nf s mistaken in ms opinion as snG TIE operation Of the law
before, the law OF prescription will protect every claim
that emanated from the Spanish government Thus the
ordinance of 1856 will have no Bearing in the adudca
ton of claims before the board of commissioners The
Mexican claims in California will be ad Indicated accord
ing TO the Mexican colonization laws and not according
to the ordinance OF 1856, any OF its provisions should
conflict with these laws.
| The sixth objection to my bill is, that il "goes upon
the idea that land titles in California inchoale and i'm
perfect and needed some further act from the Mexican
or Spanish governments TO make them legal or perfect
titles" | think the senator has not examined the bill
with his usual care or he would not have come to this
conclusion The bill provides that all persons claim
ing land in California by virtue OF any right or title de-
rived from the Spanish or Mexican governments" shall
present them for examination It, is not presumed that
the claims are not legal. We know that many of those
titles are legal and perfec nor is il the intention Of the
bill 10 throw doubt upon theft validity The senator
has declared that the bill offered by me violation OF
the decisions OF the Supreme Court OF the United States
Sir stated in the commencement of my remarks to-
day. that this bill is based upon the decisions OF tina,
make his assertion good But the objection would prove
fatal to the bill if il is well iounded and consider OF
sufficient Importance to 60 into an extended examination
of the decisions OF the Supreme Court order to show
that right and that the senator is wrong in the opn-
ion he has expressed
shall now bring those opinions to the notice OF The
Senate and connect them with detailed statement o,
the operation OF the treaties with France, SpaD and
Mexico My object is not only to establish the fact that
this law is drawn in accordance with the decisions OF The
Supreme Court but that its leading features intended
to guard and protect private property according 10 the
guarantees of The treaty with Mexico.
lst By the treaty concluded the ID February, lo4S
at the city of Guadalupe HidaIgo, between the United
States and Mexico ratified the 3Oh May, 1913, the
territory comprised within the limits of the present State
OF California was ceded TO the United States.
"a treaty of fccsson is deed of ceded territory
sovereign the grantor the is his, far il relates
to the ceson the treaty his act and deed and al courts
the rules law" Omitted States Arredondo and others,
9th Peters, page 1881
I'd isa principle of universal law. as laid down by
Nael and other writers upon the laws oil nations, that
when the sovereignty OF country changes, private
property remains unaffected by such change Hence, in
Henderson Pondexter, lessee, 12,h Wheaton, page
$780, and in the OF the United States ps Auedondo
and Others (6ih Peters, page 7l2) it is held to be the
usage of all the civilized nations OF the world, when
territory ceded to shpulate for the property OF It's in
habtans !" and that article TO this object,
deservedly held sacred in the view of policy, well
Of justice and humanity is always required and never
refused"
81 We accordingly find that in the treaty of 1903,
ceding Louisiana TO the United States, the perfect IN
volatility and security OF property is expressly guaran-
ed-he terms OF the third article OF that treaty, written
by the first consul Napoleon himself, according TO Mar
bois) containing the most explicit declaration that the
inhabitants should be maintained and protected in the
free enjoyment OF their liberty property and the religion
which they profess" Hence in the case OF Suother
Lucas, (2th Peters, p 1850 the Supreme Court held
that by the said treaty OF 1903 this government put
vested with all their rights, subject to their concom'an
obligations to the inhabitants"
And in the treaty Of 1919, by which Spain ceded the
Flondas the United States, there positive provision
for the security OF private property.
And So also, find that in the treaty of ls4s with
Mexico there is in the eighth article express stpula
ton that private property shall be respected and the
terms OF the ninth article OF that treaty almost den
cal with those employed in the treaty of 1903, cedlng
Louisiana 10 the United States.
Here then, we have the treaty OF lsis with Mexico
which sa deed Of transfer TO the United States OF the terri
tory including California From this deed is of course to
be excepted all private property embraced IN grants law
ereigniy. Thus have public and private property
blended together 10 common and is the duty
the government To have them separated that bona
private claims may be respected and severed from the
public domain and the latter may be disposed of, and fee
titles to the same given to our citizens without fear
of conflict Interference What course has heretofore
been prescribed by the wel-seted policy of Congress
respecting the territory have acquired by the cession
with Georgia in 1902 and by the Louisiana and Florida
reatiesl The of the Supreme Court in 1882, in
the OF the United States Aredondo and Others
(6h Peters, page 7is,) is to be following effect The
whole egisaton of Congress from 1903 TO ISIS, rela
A. IL AZ. If f.r
Spanish titles, is Of uniform character in OF a
corresponding description" The rules vary according
to the kind OF titles set up. Distinctions have been made
in all the laws between perfect and distinct grants Tally
executed, inchoate, incomplete ones, where right
had been in it's inception, under or by color OF local law
of thory, but required some act of the government
| to be done complete 1t. Both classes have been
report finally specially upon them. and the claim;
ants have, under certain circumstances been permitted
to assert their rights court by various laws, similar IN
their general character but varying in detail 10 meet the
cases provided for" And again, the OF the United
States Virgins, in 1910, Oath Peters, page $500 the
court held follows; Tha the perfect titles made by
Spain before the oath January 1918, within the ceded
territory are intrinsically valid and exempt from the pro-
visions OF the sth article, the established doctrine OF
this court and that they need sanction IRON he egs
lative departments OF this country" But mat mere
were the date OF the treaty very many CLAIMS whose
validity depended upon the performance OF conditions IN
consideration OF which the CONCESSIONS hao oeen made
and which must have been performed before Spain
bound to perfect the titles, TACT rendered prominently
notorious by the legislation OF Congress and the litigation
in tho courts of this country for now nearly twenty
TO this class of cases the eighth article intended
applv and the United States bound after the
sion OF the country to the extent that Spain had
49, H. a. r -