The republic., 1851-01-04
THIRTY-FIRST CONGRESS.
SECOND SESSION.
FRIDAY, JANuARY 3, 1851
SENATE.

ancc of law. enclosing report of the expenses OF
the United States armories' and the number OF
arms and their appendages constructed thereat;
which was read and ordered to be printed.
ASYLUM ron INVALID SOLDIERS
MIR DAVIS of Mississippi, from the Committee
on Military Affairs reported bill 10 establish a
military asylum for the relief and support oi inva-
lid and disabled soldiers of the army of the United
States.
LAW RELATING TO THE PUBLIC LANDS.
The following resolution, reported from the Com
Inittee Public Lands, was taken up for conside-
ration:
Resoiped, That the Secretary of the Interior
cause TO be prepared collection OF the general
public acts of Congress, and collection or digest
oi the official INSTITUTIONS which have been lssued
from time time by the Secr tary oi the treasury,
the Secretary of the Interior and the Commissioner
of the General Land Office, relative to the public
lands excepting such refer exclusively, both IN
principle and application TO particular and indl
vidual cases together with collection or digest OF
the official opinions OF the Attorney General ON
questions arising under the land laws, with refer
cncc TO the decisions OF the courts under such laws;
and Of the laws, ordinances, and regulations of
other Governments from whom the United States
have acquired territory by cession, 50 far as the
same apply to the territory acquired.
ResOiced, That the Secretary OF the Senate cause
the general public Of Congress, respecting the
sale and disposition of the public lands, together
with the collection or digest prepared under the
foregoing resolution TO be printed Tor the use OF the
Senate.
Mr.. WALKER opposed the resolution, and
replied 10 by MIR FELCH; and, after some further
debate, principally on the subject Of the public
printing, the resolution was postponed
RAILROAD IN LOUISIANA.
Mr. DOWNS introduced bill granting the
right OF way and a donation of the public land in
the Of Louisiana and Mississippi to aid in the
construction of a railroad from Madsonvile, in
Louisiana to jackson, Mississppi which was read
twice and referred 80 the Committee ON Public
Lands.
PASSAGE OF ENGRossEp BILLS.
The bill to provide for the fortitoation OF Ship
leland, and the bill for the reiiet OF ii. Ii. Borey,
yesterday ordered 10 be engrossed, were each read
a third time and passed.
The bill for the relief oi Ira Day, mail contrac-
tor OF Vermont, being put on its passage
MIR. DAWSON opposed it. After debate, in
which Messrs UPHAM and RUsK supported the
bill, it was passed-yeas 20, nays 10.
LAND TITLES IN CALIFORNIA.
Dir. GWlN moved, and the Senate proceeded to
the consideration of the bill ascertain and settle
the private land claims in California The question
pending was on the adoption OF the following
amendment, proposed by Mr.. BENTON:
Strike out all after the word a. That at the be-
ginning of the first line, and insert
For the purpose OF ascertalnlng and settling the
private land claims in the State of California, a
ceorder of land titles, learned III the law and skill
cd in the Spanish and English languages, shall be
appointed by the President, by with the advice
and consent OF the Senate, who shall collect and
keep all the public archives OF California in relation
lann grants and also shall call in for record all
the evidences of land titles in California and after
recording the same shall return the originals the
parties, except where forgery stimulation shall
be suspected by the recorder, and where there may
be written evidence extant OF the original grant
written statement may be made of the claim and
received for record, stating all the circumstance in
relation thereto and especially all that relates TO
the fact of actual possession.
SEc 2 lind be a further enacted, That il shall be
the duty of all towns, cities villages and pueblos
and OF all missions which have not been secularized,
and Of all individuals claiming lands IN California
by virtue OF any claim whatever, whether derived
from the Spanish, the Mexican, or the California
authorities before the conquest OF California, by
any American officer since the conquest, to present
all such evidences of title to the said recorder upon
duo and public notification to that effect by the
sorder.
SEC. B. -ind be ii further enacted, That receiv-
ing such evidences of title the said recorder shall
cause the same to be recorded in bound books, and
shall make out duplicate abstracts of all claims
classified according TO the authority from which
they Issued and retaining one abstract in his Of
fice, shall transmit the other TO the Commissioner
of the General Land Ottlce, at Washington city ;
and il shall be the duty of the recorder, in con
junction with the district attorney of the United
States for the district in which the claim may lie,
examine the same, and if believed by them or
either of them, TO be invalid for any cause, it
shall be the duty OF the district attorney to issue
Jdcias stating the cause against the party in
possession claimant, requiring him to appear in
the district court, and show why his claim
should not be held TO be invalid, and his grant
cancelled, and report OF all such decisions by the
recorder and district attorney, whether Tor or
against the validity Of the claim shall be made to
the Commissioner of the General Land Office to be
by him laid before the Secretary OF the Interior,
be submitted to the Attorney General, who may
order sciTe fdcidS In any case In which he deems
the claim invalid.
SEC lind be IL further enacted, That in decd-
ing upon the question of issuing Jacias
against any claimant, the said recorder and dis.
trict attorney shall be governed by the treaty of
Guadalupe Victoria, the law of nations, the laws,
usages, and customs of the government from which
the claim Is derived the proclanatons Of the com
lnanding officers at The time of the conquest, and
the capitulations made with euch commanders, the
decisions of the Supreme Court of the United States,
far they applicable, and the law OF pre-
scrpuon in favor OF possessory rights, the
if il was question between individuals, and in all
CAGES actual possession before the conquest of the
country shall be held to be prina tdcie evidence Of
valid title.
SEC. >. dnd be II further enacted, That the guam
tity of four common leagues. measured from the
centre of the town, city or pueblo two leagues in
every direction, shall be confirmed to all such
towns, cities, and pueblos, Including the city OF
San Francisco, formerly Yerba Buena) the occu-
pied parts to their posseesors having utle and the
vacant parts, If any, TO the municipal or town au-
thorites except such parts as may be required Tor
military purposes within tine United States; and
with this exception, all the residue OF the
said four leagues square shall be confirmed to the
city town village, or pueblo, according to the I'm
struction and decree Of the captain general of the
Internal Provinces of the West, dated at ChIhua-
hua and directed TO the commandant at Monterey,
of Upper California
SEC. o. And be IL further enacted. That the granite
made by General hearny at San Franclsco shall
be, and hereby are, confirmed, far as the United
States are concerned, and without prejudice to in
divduals; and all the reserves made Tor the Gov
ernment OF the United States, except such shall
be needed for military purposes, or necessary pub
lie buildings, shall be, and the same hereby are,
granted to the said city Of San Francisco
SEC 7. Ind be IL further enacted, That all other
grants made by any officers under tho civil or mill
tary government of the United States, since the
conquest OF the country, shall be, and the same
hereby are, eserved for the future decision Of Con-
gress; and 1t shall be the duty of the recorder of
land utes to make special report thereon, directed
10 the Commissioner Of the General Land Office as
practicable, to be by him laid before the
Secretary Of the Interior and communicated 10
Congress.
SEC ;. A,.d be Il further elacted, That on the
trial Of any scre Jdcids 10 try the validity Of a
claim, the decision of court shall be conclusive in
favor OF the claimant in every except in
in which John Charles Fremont may be claim
ant; and in all cases i'll which he may be claim