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

the California authorities before the conquest OF Cali
present all such evidences Of u,lo 10 the said recorder
upon due and public notification 10 that effect by the 10
corder." Il
great deal, but defines nothing What is meant BY tovs
etes, Uafagss, and pusbos2 Are We to understand na'
these are TO be recognised IN the Amsnean
of these terms, in the Spanish and Mexican Accord
ing the latter there but few towns, clies villages
and pueblos; but the former would create many 10
which these titles emanaed and we are IA much in
the fog as ever They are the Spanish, the Mexl-
can, Or the California authorities before the conquest
quest" What 10 meant BY an American officer, IL
intended 10 include in this term every person who
suleh in the gogss Of the Sierra Nevada to the
governor exercising supreme authority! This would
to be the proper Interpretation, from what appears
in the seventh section of the BILL which provides that all
other grants made by any officers under the civil or mill
tary of the United States, the conquest
of the country, shall be- and the same hereby are,
served Tor the future decision OF Congress II this is
the Interpretation to be put upon this portion of the
tion let ask why should the subject of examining and
ascertaning land claims that emanated from the Spanish
and Mexican governments governments which had I'M
doubted authority to make gants-be mixed up with
those granted by American officers who VIGOROUSLY had
no authority to make grants Our great object should
be to separate private property from the public domain
gave title to lands in California; None. Ascertain
what Spain or Mexico granted and the residue is pubic
domain. And il towns cities have sprung up por
tons of the public domain, under the authority Of Off
cers whose acts are not lawful until legazed by Con-
gress, let take up these on their own merits,
and not mix them up with another and totally different
class of claims II the senator had looked into the bills
presented by the members from California, he would
had already been presented Congress for its action.
On the l4th day OF September last offered bill ITO
provide for the survey OF the public lands in California,
The granting OF donation rights therein" &C., which
referred TO the Committee Public Lands and reported
back the Senate The 18th section OF that bill provides
as follows:
"sEc 49, And be il further enacted That lands occupied
villages shall be subdvided subject
under the provisions Of this act but the whole Of such
lands whether settled upon before after the survey of
the sane shall be subject 10 the provisions oil the
titled An act for the relief OF the citizens OF upon
May 'wsny'h'd eighteen hundred and io'y
This section revives former law, and extends its pro-
visions to unsurveyed as we'll surveyed lands The
law protects the bona de settlers in towns and cities built
upon the public domain puts down speculation in these
pied portions Of the lands donated for the
township purposes. This subject will come up in its
order the calendar. and is inserted in bill to which it
appropriately beongsthe surveying and disposal Of the
public lands in California II may be proper to add that
OF my colleagues in the other house OF Congress has
prepared bill which he intends to bring before the House,
that goes much into detail the subject of city and
town lots than have done in the section above quoted
have il in my hand, il having been submitted to Tor
my examination.
Again this section makes il the duty of all missions
which have not been secularzed to presen, their evil
dences OF title to the recorder. Who is TO settle the
question as to what missions net secuarzed
No power IS given to any one TO do it. According TO the
public records It seems that all OF these missions were
secularzed although have subsequently been placed
under charge OF the priests subject to the control OF the
State authorities. Still, they were secuarized and be-
longed to the State, and by the treaty with Mexico be-
came part Of the public domain of the United States
This section OF the bill recognizes right in some
else than the United States to present titles TO these mis-
SONS am moi willing to recognise any such authority
right until the subject is fully inquired into and reported
upon 10 Congress to determine who has the title to these
missions The titles individuals from the Mexican gov
eminent, during the process of secuariZng these mis-
sons, will be presented to the board of commissioners If
my bill passes, and be examined on their merits.
In closing my remarks on this section | enter my
solemn protest against the power conferred it TO record
or examine claims emanating from American officers,
who VIGOROUSLY Lad no legal power 10 make grants or
convey any portion OF the public domain without au,her
ity of Congress There is equity in these grants, and
Congress should confirm many, If not all OF them, after
they have been fully examined, and we can act upon
Indeed this BILL in the seventh section expressly ad-
ms the necessity OF THIS examination before Congress
upon these claims and why introduce the subject in
bill to examine and ascertain claims that known TO
have legal existence and we are now prepared 10 act
onl
the duty" Of all individuals claiming land in California by
virtue OF any claim whatever to present all evidences
Of such title 10 the said recorder" Well suppose they
do not there is no penalty if they fail 10 do it, cannot,
language which more severely censure this pro-
vision of the bill than by quoting from the decision OF
the Supreme Court of the United States in the case OF
TO the acts of Congress requiring claimants within spe
cifed time to file their claims. the Court says: They
had in view another important object-to ascertain
what belonged the United States that sales could be
safely made the country settled peace, and dormant
titles not be permitted either to disturb ancient possession
to give the holders the valuable improvements made by
purchasers, the sites OF cities which had been built by
their enterprise"
As illustration OF the importance OF requiring claim
ants TO present their claims within specified time, that
they may be examined and acted on will cite the case
OF MIR. t. o Larkin, who has FIVE leagues claim on
Feather river, the heart OF the gold region On this
claim thousands OF persons engaged in digging gold
and large towns and cities sprnging up il. Mr.
Larkin, like prudent man, boasts not OF his owning
this claim there strong prejudice against such claims
IN California. and he lets the people dig gold and build
towns and cities without complaint But from this you
must draw the inference that he has abandoned
MIR Larkn will not prosecute the claim now unless by
law he is required to do it. He is in present danger of
adverse claimant, for the claim is in the gold mines,
nd the government has not determined TO sell the gold
lands We have passed bill through the Senate, by the
aid of the senator from Missouri TO lease the mines
/ II that bill passes the House and becomes law, Mr.
larkin will not object 10 the issuance OF leases his
claim He may file paper with the superintendent OF
the mines as he did with the de Jaeto government Of
California, in the case OF the Presdad, San Fran
cisco. stating that he has claim; but there he will
tie will let the digging OF gold and the building Of cities
go on, and in the mean time he may interest hundreds
and perhaps thousands in his claim; and when he is
ready he will come forward, backed by the thousand
teresed under him. and il will be confirmed Give him
time, and he will get his claim. whether valid in
valid one | know nothing OF the merits OF the claim.
II may be one OF the very best in California. He told
All ask that he shall present il before board Of CON-
mkaionera for he will IL he