The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-03-08

the coil that time who VIII claim inns donatoni so mat
the 10 regard To the large amount oil land
that vii be donated is without ANY Ius foundation
But will make another statement This provision ls
intended Tor the old inhabitanLs Of cselnla-boss who
were very lew OF those who cultivated the SOIL unes"
they had ranches, where they kept stock Therefore the
provision will extend to an extremely hmiteu hu"oei Oh
the people OF California ia.
Another thing Il is only giving to those ancient ~
habanis precisely the same privileges thai we gave 10
the people OF Oregon. oly that we do mol exenu lhs
provision as far We extended in the case OF Oregon
not only up TO the time that she was recognised as
Territory OF The United States but up 70 The time OF .hs
passage oil the IL extends IN California only 10 The
year lS4s in the case OF Oregon II extended TO leoo
Now il was not given TO the people OF Oregon to en-
courage emg ration, because II extended only TO those
who had already got there; nor was 1t Tor HE purpose
OF protecting the country because lhere was no heea Oh
protection. The government oil The United States, Is
true sent troops there but that did good. The object
of the donation induce the settlers 10 cultivate the
soil, and become permanent inhabilanis
Now wish to call The attention OF the senator from
Georgia to another provision in regard these old set
tiers They not only have cultivated this land IN
ls4s but they must continue to occupy and cultivate
for three years after the passage OF this law or they get
no land They have therefore, to be continuous IN their
occupation and cultivation. or they forfeit the dement, OF
these lands and in the meain time, II they transfer IT,
they forfeit it likewise. The object IS to make the ag-
cultural population permanent. 80
There is one thing wish to be borne in mind The
whole Of the mineral land is excluded from It's
Now in regard the population that has gone there
coincide fully with the statement OF the senator IRON
illinois, mr. SHELDs,l that il is the interest OF the
and few miners We never can nix our population there
unless hold out some nducement by granting dona-
tons presumption. And the privileges asked for in
this bill have been extended 10 neghbors in Oregon.
and, upon the principles OF justice and equality that
should characterize Legislation. they should also be
extended those separated from Oregon only BY an
imag mary line ask it matter OF equality in legls
laing for the same section OF country The emgrants
to California have suffered perhaps, more than the emf
TO have fixed and settled population for California
well as for Oregon. have heard i stated that. for
OF rain. il is profitable TO cultivate the soil in
California That, am convinced, is not true. have
finer agricultural country in the rainy sea
than California, and, with irrigation in the dry season,
fine crops be produced in the valleys OF the rivers
We only want fixed agricultural population IN order to
secure our prosperity,
Now want il understood that il any person to whom
the land given shall not occupy for the space OF three
years after the passage of This act he forfes and If he
sells il he forfeits it, The object is TO- make fixed pop
uation cuivators of the SOIL and they do not con-
tinue to cultivate it they get no title.
Sir, know that debate defeats this bill rest, there
fore, upon the former Legislation in regard to similar do
nations made and upon more favorable TERMS TO the c
of Oregon, and hope that the same parties who
advocated the policy Of that legislation will stand BY this
bill
Mr.. DAVIS, of Mississippi, The argument made for
This system of donations in California seems TO be main
iy that like donations have been given TO Oregon and
that the people have suffered great deal in going to
California Our position is really little extraordinary
1t is but short time since we passed law, most srin
gent in all its provisions in relation TO lands granted to
the old Inhabitants of California Persons whom we
find there holding continuously for seventy or eighty
OF law prove that they have perfect grant for the land
that they and their fathers held and now abou,
give the land away all find upon il, to all who
will be induced 10 70 and settle il before some time IN
1853 II seems 10 me If the government was in condi-
ton TO give these lands away, they had better have
raised question perfect title held by the Mexi
whom find in the country, but have given il 10
those who would have had and occupied it. But having
subjected them 10 the greatest rigors OF the law and to
the closest investigation OF tle supposed must have
been because the government intended TO assert their
right, far they had TO hold that land for the
public and common benefit
The case OF Oregon is wholly unlike that OF California
1t is unlike proposition would have been in the
settlement of the United States, that because lands
granted in Virginia South Carolina, lands should also
be granted in the same quantity 10 the eastern States
All governments grant freely from their domain when
is unsettled in wilderness condition, order that
they may secure population upon il. Our grants were
retrospective in Oregon Ii for fold purpose,
but mainly think, 10 secure permanency in the location
OF those that there in order TO produce provision
wife further emigration to il Our object TO settle
the country and 10 induce emigration In the State OF
California this cannot be true II half have heard OF
the immense population there can be belevedif there
be population OF hundred ihousand-fthe resources
OF that State be hall as great as they have been repre-
scented to be-, there is no necessity for any further m
ducement 10 lead emgrants TO that country Two hundred
thousand is said TO be the population hundred
thousand would be enough to defeat the whole argument
This is the second instance, Mr. President. when we
have been called upon to adopt this principle of dona-
tons opposed II the of Oregon the present,
therefore, has no bearing upon say, then, il is not
precedent for this because the wholly
dissimIlar Heretofore, II has not been donation but
pre- empon which has been granted and that much has
been obtained only by severe struggle in both houses OF
Congress. Presumption has been granted TO those who
went upon the public lands The senator from Georgia
tMr. DAwsoSl made remark which would put this on
about the footing pre- .empon, regards the
principle involved, do not think think the very
principle which susains pre-empton denies this The |
policy OF preemption rested mainly think, upon this
principle that the public domain is the property OF all
the citizens oil the United States held in common by them
and for their common benefit One Of the joint owners
OF that public domain goes upon it and Incorporates his
labor with IT, The land still belongs in common to the
people of the United States; but his labor his own,
and in giving him pre- emplon you suppose he will get
the land for what would have been worth he had not
incorporated his labor upon il. Tha, is the principle OF
pre.emption donation is the reverse OF this II de-
MES that the property held in benefit the
object for which that common property must be applied
Donation is, then, the reverse OF pre- empon II makes
exemption in favor Of the indvidual-an exemption
against the property of all the No, with the pre-
emplion principle
But, Mr. President, where the mineral lands in
California They said to be excepted Who shall |
tell where they are The mineral OF California lie. in
the mountains thrown up by ancient volcanoes That
mineral borne down TO the plains by streams that per
coa'c these mountains and the plain which has min
efa in it to-day may at The fteshet be covered
with glit,eung PARTICLES OF gold Where, them are the
minerals in California; Who has explored their hiding
places and tell where they to be found They
have to scratch the surface they have to pick up the
glering treasure from the surface of the sand they
have not yet gone beneath what auval depo.tes
centuries have covered below them. Until they do all
this, who tell where the mineral lands in California
arel
H. L.. ~