The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-08

soon confirmed" and "aceording 10 the confirmation
How are claims to be "conhrmed according 10 the sen
ators plan The answer is deducble from the eighth
section, that all claims decided the facas by the
court below, in favor OF claimants, TO be treated
confirmed wilhout appeal Well this is class. But
what becomes of the other class, being those agans
which serie faeias may be taken out As to these
the bill lacks that certainty and technical precision Of
terms which should characterize every law, and more
particularly those relating 10 real estate
There is nothing in the senator's plan declaring them
enthusiastically no,hing--ne single word. We
are led by the general scope and bearing OF the plan, to
infer it is intended that all claims against which scare
taciss may not be taken out. and which admitted 10
record, are 10 be treated as ipso taeto confirmed.
But all this rests wholly upon inference The bill in
TINS respect IS loose and defective; but It's dement's and
evils do not stop here In country like California,
rich in the precious and other metals with cities and
towns sprnging up as if by the touch Of Aladdin, what
temptation is presented the corrupt and designing
seek tor titles to asen them upon its most important
places lis commercial points, its mines, its city and town
ses-Ils M sites Tor defence, depols and lighthouses
indeed, 1t may be called barrier at all which is set ny
N the senator's bill the country may be deluged with
flood OF spurious titles for it is NOT to be supposed that
me recorder and district Attorney in the midst OF other
duties, will be able successfully to track out and expose
the decets and frauds which likely 10 be praclised
upon them Let us consult the experience OF the past,
lower Louisiana enough TO alarm and place us upon our
guard. Look al the frauds and mposons there prac.
tised We find that in Arkansas, in 1925 1896, spn-
ous titles were brought before the superior court for the
Territory and received from that court final DEGREES OF
confirmation. The character Of the papers had escaped
the vigilance even of the court boU and the nterposi.
ton OF Congress became necessary to arrest the fraud
and mischief Accordingly, an act was passed on the
Sth May, 1890, entitled "An act for further extend
ing the powers OF the Judges of the superior court Of
The Territory OF Arkansas, under the act of the Goth
May 1924 and for other purposes. This act authorized
the court 10 proceed by bills of review or the purpose
Of revising all any OF the DEGREES OF the said court
an cases wherein should appear to the court, or be
alleged in such bills Of review, that the jurisdiction
OF the same was assumed in any case on any forged
warrant concession grant, order OF survey or other ev
dence OF title and in every case wherein i should APP
pear TO the court in the prosecution of any such bill OF
review, that such warrant concession, grant, order OF
survey, or other evidence Of title, is forgery it was
declared lawful, and The court authorized 10 pro-
ceed by further order and decree, to and annu
any prior decree adjudication upon such claim and
thereuPon such prior decree or adjudication II was
enacted, should be held in all places whatever 10 be
null and void TO all intents and purposes" The court
did proceed accordingly, and in most of the cases, ii
am rightly informed, did annu and reverse their former
DEGREES the ground of fraud and forgery, and the
subject has haassed Congress and Innocent parties from
that time 10 this; giving rise at different sessions to
ls49 entitled An act to settle the title TO certain tracts
Of land in the State OF Arkansas" Here we have
example OF what occurred in court from whose DEGREES
no appeal was taken. Could expect better things
from officers o executive appointment where, under the
operation OF our institutions there are frequent changes
OF incumbents' ! say nothing of what would be the
consequence to honest bona de andhoders and 10 the
State, in bad should get hold OF such official
stations. am unwilling to contemplate the state Of
things in which they would be armed with such tremea
ana sf %
them. In that case 10 use the senator's own language,
there would indeed be condition OF things horrible
to think Of" But is this solitary and alone 2!
Not at all Look the embarrassment Distress and al
most uncomfortable injury which have been inflicted IN
louisiana BY the Introduction into that State oil fabricated
evidences of claims The public archives, the printed
Congressional documents speak IN terms upon thus point
not TO be misunderstood.
On referring to document No. 33, House OF Repre-
senlatves, of the 2d session 9th Congress. md on
page II evidence that In 1896 paper was manufactured
bearing the old Spanish waiemarks OF 1891 and 1872,
and made 10 initiate Spanish paper OF those years OF df
feIeat shades aud coors II was obtained upon rep
resentaon that designed for the Mexican market
1t suspected shortly afterwards that was intended
for the manufacture OF evidences OF claims 10 land IN the
Spanish province of Louisiana, or perhaps in some
of the Mexican provinces; and enough II was con-
verted into Spanish title papers, bearing the forged sig
natures OF Governors Manuel Gayoso de Lemos, Caron
delet, and Miro These spurious titles brought be-
fore The register and receiver having been hed for
hrmaton but in the review OF the proceedings, re-
ported by those officers, the frauds arrested and
posed. Mr. White, formerly United States land COM
missioner. states his New Recopllacion," which APP
peaed in 1899, that the publication OF that work would
'esabsh lact that the United States have given
hrnaiou TO titles OF the value of more than ten millions
of dollars, upon report OF register and receiver in
Louisiana, which were not entitled to continuation"
That compiler referring 10 titles in the condition OF
those under consideration, Justly remarks that "wheiher
The title be good bad justice 10 the claimants and TO
the United States requires that they should be speed.
ily decided |" that ..the postponement does add
TO diminish their legal obligations, whilst the de.
lay is ruinous To individuals and preludcia 10 the
United Sta,esS observing, further that there is
power in the government 10 prevent judicial inves
CATION and decision IL may delay but cannot hnally
defeat IT," Besides the instances OF malveIsation
spec,ng titles 10 land falling within the limits OF what
formerly the Spanish province o louisiana, since
erected into sovereign States OF the Union, we have
charges OF Official msconduc bringing the matter
indeed, directly home TO the subject under consd-
eauon. IL is to be found in the evidence gwen IN by
Colonel Fremont and several Others before a committee
of the Senate in ls<s tSensie Doc, Report. OF Com.
mees No 49, 1st session 3otb Congress) There II rs
stated by Mr. Fremont that he understood iron cred
BILE report that the California authorities granting
and selling the missions and other public domains; that
.,in these lands conveyed SIMPLY as
grants in others rewards for services rendered the
government, and in others for amounts OF money that
had been advanced, TO be paid 10 the govern
rnent 1" that he learned n this way nearly all the mis-
south OF San Luis Obspo, the mission OF San Ra
coast, granted !" that "many OF these grants
hastily made, without the usual legal forms, and wanting
the usual formalites . and that he UNDERSTOOD Iron
citizens OF the county, such Don Abel Stearns, OF
the Pueblo de los Angeles that hese mission grants
illegally made, and ought not TO be considered valid
But the evidence does not stop here. What does the Of
fetal report OF the let March, 1s49 from the secretary
of OF the then Territory Of California say the
subject (Senaie Rep Com. No is, lst session 3lst
Cong page 1909 1t declares that "soon after General
kearny assumed the civil government in California,
made to him. from the respect
by Gov Pico. just he leaving the country.
without the authority Of law, and that though actually
made after the 7th Of July 1885, they had been antedaed
in order 10 give them the semblance OF legality that
I" these titles not recorded in the usual book Of
records in the archives but purpored to be
rd.l k,a, ard