The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-06


OF respect Tor the honorable senator, but from convc
non entertain OF the importance of Immediately legisla
ng upon this subject, with view not merely TO the in
Ieress OF the people of California, but the people OF III,
United States, and from consideration OF the pressure
of business upon the part OF the Congress OF the United
States, and the very limited time that remains 10 fo
he discharge OF III and may add from this further and
nnal that according TO my conviction, the
answer to that argument may be given within very
row limits. Sir the hill winch is now under consdera
ton by the Senate of the United States is bill ascer
tain and determine private land claims in the State o
California The object to separate the public from the
private domain, with The vew upon the one hand, oi
leaving TO individuals having private land claims capa,
BILE OF being ascertained the undsturbed enjoyment oi
their property and upon the other TO enable The govern
men 10 exercise its constitutional power of disposng
the public domaa. That is the purpose OF the bill. II
Processes TO decide upon title 1t proceeds upon the
assumption OF the fact that Congress has the
sary information TO enable decide upon title Its OBJ
lec Is therefore, walking in the ancient ways that have
been Traced by our predecessors TO call IN the aid OF the
judicial department upon the evidence which will be al
ioded IN each particular and to decide upon the
ldty Of claims which shall be presented This is The
object OF the bill. This is the duty of the Congress o
the United States, and this ia lis power ALI beyond thai
Is beyond its duty and beyond its power in the present
state of information Now, il this be the object of the
bill, what is the object OF the senator's amendment Is
II 10 provide the means by which title shall be
tanned Is il to provide means BY which existing titles
shall be judcialy determined Now, sir, confessedIy
the cases which to be provided for by the amendme
OF the senator are in which title exists, It's pur
pose is to confirm.
The Congress OF the United States before shall have
ascealned the extent OF the domain which ACQUIRED
from Mexico by the separation OF private from public do
man, Is 10 be called upon by the amendment OF the
ator from Louisiana Mr. SoULE,l not 10 provide the
means by which existing titles shall be ascerGined, but
with liberal hand TO make donation, the extent OF
which no man, whatever may be his information upon
the subject can foTesee Sir this objection stands at The
very threshold The bill proposes to ascertain existing
titles. The amendment proposes means by which a
title shall be conferred which does not exist Mr.. Presi
dent that answer might be in itself sufficient The Con-
of ha I1n,t
questions of this Sort has limited itself to the establish
ment OF tribunal by which these rights, which
cured 10 the parties, which had been transferred by their
government TO ours, should be asceItalned and deter
mined We have, in framing this bill conormed the
ancient legislation Of Congress, to the continued legisa
ton OF Congress but you have been told in the
OF this argument that i'll the OF Louisiana there was
Limitation of ten years OF actual and bona fde posses
sion, and therefore you invoked to allow this amend
ment, which provides titles after possession of twenty
years Mr. President, desire the Senate to observe that
there is not the remoest analogy between the provisions
in relation to Louisiana which are referred TO and that
OF this amendment The act OF Louisiana provides that
one years OF age. Chat is the act of 1905 which
was referred to)-lhe head OF family or person
who was twenty-one years OF age, who upon a
certain day OF October, 1900, had been in possession
OF land under warrant. ORDER or survey from The lawful
and proper authorities OF the government then existing
in The country, and who should have actually occupied
and cultivated that land down TO the date OF the treaty
by which it transferred by France TO the United
Statesshou!d be permitted 10 hold II to the eyten! OF
league square The act Of 1906, in which the ten
years limitation is contained mod hes the act OF 1905 by
dispensing with the necessity OF the individual occupant
being twenty -one years OF age but II required that a
person having possession OF land under this warrant,
ORDER survey should have been ten years actually
cupynk and culivatng il for his use; and then it
gives him the quantity OF land have stated exactly de-
scribng 1t donation. This is the limitation OF ten
years the legislation in relation TO Louisiana. What
IS the amendment before us' IL gives to the bona fde
possessor within determined mtsthe possessor in good
faiih believe. is the language OF the amendnen'-he
possessos in good faith, within determined llmis-any
quantity OF land matter what 1t may be, without the
requiston Of actual possession, and without the require
meni o any warrant survey or any evidence oil any act
whatever from the lawful authorities oil the territory
Certainly, there not the slightest degree OF analogy
between the two acts Toe amendment can borrow no
support from the legislation OF Congress IN the Of
Louisiana It's exactly contadcted by the Legislation OF
Congress to the territories which have been here
ofore acquired IL must then stand upon It's own merits
Now, sif the senator from Louisiana MIR. SoULEl has,
in very interesting manner, described the cond-
ton OF several classes OF persons, who, he supposes
may under the provisions OF this bill be subjected to
hardshipswho may be deprived OF their property by the
adjudication which will be made under The provisions OF
lhi. bill Mr.. President, II seems 10 the sufficient
TO the argument of the senator from Louisiana
Mr. SouLE TO say that, admitting that Argument 10 be
true in II. whole extent-admiltng there are occupants OF
land in California who, under the laws and usages of
the country, entitled 10 occupy the lands IN which
they shall be found in possession or who would be entI
tied upoa principles OF equity, for which the senator from
Louisiana Mr. SouLEl has so earnestly and ably con-
,ended-al of these persons will be protected by the
provisions of the bill under consideration. The alter
native is presented OF individuals whose claim he de-
sres TO have protected having claims which are
or which not sustained by the laws ard usages
OF California. s Mexico, or OF the government OF the
United States. They have they have not claims which
ought TO he sustained upon principles OF equity and JUS
ce. Now, sir, " they have not claims which ought TO
be sustained, even kupposng the Mexican government 10
have continued 10 subsist there, according TO the laws
and usages of that governmental the parties whose
claim he wishes 10 protect occupying these lands bad
claim which would have been respected by the Mexican
government-ihen unques,ionably they have claim
upon II, upon the other hand they have any claim
which would be entitled 10 respect by the laws, usages,
and customs ot the Mexican or Spanish governments,
them sir, by the provisions OF the bill. the validity of
these claims be confirmed by the Congress OF the
United States And 50 IN regard to the second class
those claimants whose situation the honorable senator
has thus depicted have claims which entitled TO be
sustained apart from the consideration OF the laws and
usages OF governments upon the principles OF equity and
justice, they have none II there be no principle oil
equity or Justice which be evoked for The purpose
of sustaining these claims, then surely this amendme nj
ought prevail II. upon the other hand, they have
claims which upon principles OF equity and justice ought
have been sustained. those principles OF equity and
Justice obligatory upon this, upon the Mexican and
Spanish governments and doubt not, TO their fullest
extent their utmost limits they will be administered by
the tribunal to which the decision OF their validity is
feued Why sir 1t is only necessary for the senator to
the provisions OF the bill in regard TO the princ
Piles by which the Congress must be governed in the de.
cision of these
''Asd b, further enacted, That the omms.ones here
in provided for and the district and Su preme courts
deciding the validity of any claim brought before them
under tue provisions act shall be governed by the
treaty OF Guadalupe Hdalgo, the law OF nations, the laws
usagcs, and customs OF the government from which the
claim derived the principles of equity, and the decisions
OF the Supreme Court OF the United States. far they
are appicab lie
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