The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-02-19

tettlo the private land claims in California as il
passed the Senate, and as it 10 now pending before
he House of Representatives. While some of its
provisions founded on sound ant lust prnci-
pies, II is in many respe cts Objectionable. II is
deficient and imperfect. II does not clearly en-
brace all the csses for which il should have pro-
Nided. II clogs, letters and embsrrasses claimants,
BY rendering the employment Of lawyers by them
unavoidable in all cases, by the delays and pro-
cras,iRation il anticipates, and not merely allows,
but favors, in vexatious appeals, from the decision
OF Judges Of its own selection, permitted BY the
United States in The Supreme Court at Washing
ton, and he ruinous expenses il obllges the claim
an,s to incur II seeks land we think in the
al sence of power by Congress TO enforce such
rue) TO debar the grantees from to any legal
remedy, by ejecment or otherwise, in the federal
or State courts of California; il seeks to make the
DEGREES Of the extra judicial tribunal created by
this act and on the appeals it provides fer, conclu-
sise against claimant; thus binding him to the
decision of Judges appointed by the United States
the party adverse 10 him--end which DEGREES are
made under rules dictated by the United States
Il postpones the mos: meritorious classes of all the
land claimants in California-the pueblo, ranchero
and mission Indians, and gente dc ra-on-and
iefers any recognition of, or action as to them, and
neglec,s provide for allowances or donations to
ithess in possession of lands there, who may not
have formal granite. We regard the latter classes
of claimants eminently entitled to the most in
dulgent and favorable conside ration. The indivi-
dual pernissive occupants Of lands under the
Mexican, or under the United States government,
should be allowed TO retain their occupancy, and
1t should be confirmed by the concession of full
documentary title under n ssonable but Liberal
pulatons as 10 boundary. The native resident of
California, whether Indians, half caste, or of Spa
nish blood, should not be disturbed in what has
been hitherto in that country esteemed to be his
own property, and which he h Is exclusively pos
sessed and conrrolled and enjoyed az such, though
he may not have procured formal grant or con-
Cession, OIL anented with the ofiicitl seals, and
pdrofes, and rubrcs of the Mexican fuuctionaries.
Those of Indian blood ca rghtfuly urge the title
OF the aboriginal natives, which, 10 cerain ex.
tent, the UIie0 States has always admitted, and
which our government has ever professed to sex.
lipRuish'' by treaties with the Indians before dis
posing of The land 10 others The enterprisng pho.
nser citizen If the United States, who has emig rated
20 the Pacific, is likewise entitled to favorable
consideration His rights, founded on tlrst settle
ment and occupancy OF vacant lands there, are not
teoted BY it, No land is donated TO hlm-he is not
even given presumption. he, forsooth, unless
some other bill is in embD for his protection, is
10 be ~his,led Oft as "squa'ter," or an IN
dicIed or prosecuted by a United States District
Attorney, hntd by United states Judge, and
imprisoned by a Upred States marshal, as cri-
rnInsl, for cutting down the Iub ic Trees digging
the "Pubic SOIL or huniisg out and after II is
found, gathering, washing end melting the pub
nc gold dust in The valleys or moultiOs OF Ca
Hernia. THIS is all wrong. la tine, everything
but the adjudication Of Spanish or Mexican
gratis Is LETT for other and future legislation by
Congress; for though the Commissioners are 10
ascertain and report TO the Secretary Of the In
he m 40 An
held. and these held ny The civilized indians, and
those u BIO are engaged IN agriculture or ldbOr
Of any kind, sad these which occupied and
cultivated by pueblos or rancheros ladians, (vide
sec. lb), 10 provision whatever Is made for any
Geoistoa . their tights, or for any protection,
seernty, or Recognition u them IN eny degree, or
20 sny extent
Fufihr lay as 10 fnll legislation BY Con-
e.ess in relation % Cailfornig ~ utterly inexcusa-
Die The treaty OF Giudeiope Hidt'go vas finally
-atfed and proclaimed by President Polk, as the
su,fttee II " oi he lal6, tae In at July, 1873
The delsJ of CCDgrt ., for atariy three years al
reaoy elapsed, has been IN shameless violation
her duties. If the Legislature OF the State o
California shorlt assume 20 take control OF TIE
vacant land- within IL l'mts, and 10 assert and
enforce he sovereignty o. the sac over them,
and the ntrshp OF ths Sta'c IN thcm--is MT.
Sou,c AID other distinguished Statesmen and Ju-
rists coulsBd he letter Of the Mexican treaty OF
the State consttUtiou, ani Of the law OF nations
and the ccnstiiuton prin ples OF this government
allow III, M 10 do-cusrnt arguments IN defence
ana Justification oi such cOuise can be found IN
the necessity created ny the rem!ssness OF Congress
do lis cuty with respect TO those inds, and its
wsnton neReci Of the rights and interests OF the
Citizens Il that Safe. Indeed here are rIany who
CCaend thai sUch course would IN is ut tim ite re-
sults, be noe Ten hcill q tht United States Ger
fasaiy il l. not IL estre harmony with the genius
and sprit OF cur institutions that the rights and
io.ereets Of the resident cizsn5 Of Galfornia-of
vital character az those relating TO the titles to
the isads they ocCu,g-should b. under the arb
trery coitrol If legislative body 10 session seve-
al thousaLds miles distant froTn them, composed
II gtis 20 ihrir necessities, many OF whom
are ietOiaBt OF Their wants, and ia Competent TO
decide a. 10 their nights and some OF whom have
q .ets-ts eld feelings not always congeniai with,
srd ofien hostile 10 theirs and who are wholly
irreepoL sihe 10 The u opls a California The
i opie Of the Alsntic states would be satisfied
II such L. EislaIrc held IN Calit Jrrla was, under
any circumstances, % assume the control and set
ueuent Of iles 70 real estatc heie sud our having
Two out oi siXty Ssnatora, aud two out Of two hun
1reJ and thirty esen'a,iyss IN that Legislature,
would 90 bot a little way "a recoucng "a TO such
isreien despotism - j. has bern Justly allied.
Before The Ans ricsu revolution, the imperial Par
lament a Great Britain y'elisd TO the local a1-
ihosfits Cf he co'onIes thr control Of sn~h mat
ters a: q with reference 20 Oregon, y tltornis,
II tab. AID New M xtso Con yfrss Will have, ere
ioDP 70 scop similar policy. The system hiihcr-
70 pursusd ~ ~ ttru; bordering on the States,
ana which az setiea gradually by The steady ad-
tatCe 81 NJ pfIlc population upon The Indian
sroniier, wi'htut any sstUs sspsra'on from the
ta3cut con unity, rnev - continued - 10 the
iaHds la Mi i, Gotta sr the cnUa;fy adjacent 10
rtI EUiNtrE hUfdtr; but a. - unsNfrd 70, ana
kanGJt II eahsttd ~, IN coun fes th0usinds OF
fnIes dstsnt tom ~, 6i-uf Rrcfed from W by
vat Z. -sft- ~ Iriiir sud ~ tif-- sud by lofty
md yrcg' HoUn'aius. tnI asan., exc .; "a a few
,laCfs nj sud to. ~ nr-ttie sagrG-s are all
rur sCgulsiluts unttr he treaty wth Mexico.
The isuuc Ocean srpefs.rd Great Bntain from
hpr COLONIES. In. ths barriers - m'ercourse ant
sOciat.oH t.ts'tn her and thsfn yer not by any
rrssts a. form a. bic those eAi ting bet~ee
tithtr bttvter New n, AGO, Il p. California, an
he STATS ou he eastern -tIe ~ tkis cootinen.
And u i fact, nat no stst smrn Il this county,
shoud lose s,Lht ~, hat the primary natural
Ceures of poical n. s-feen eta Dies milalitf
~ iGteftst-t Nists between the countries on the
Atlsn'ie sud he P4Ci - ~ o. iul extent az they
esistd H. To- l112, h tween the p.ren countries on
the eastern shufes and he COLONIES the western
shor,s al ibe &C, an that divided ITEM This d.