The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-03

the land claimed Of the United States" Section nins
limits the appeal TO claims that exceed league square
unless the Attorney General thinks the decision below
erroneous Section eleven makes II lawful Tor the Presi-
dent to employ assistant counsel, II IN his opinion the
public interest shall require T. This, consider, very
necessary provision of this BILL when take into
sideration the immense amount in OF the
| claims that know will be contested. The ablest
counsel in America will be employed by the claimants.
and the district attorney may find il impossible 10 do JUS
ce TO the interests OF the United States in these
and perform Inc other indispensable duties OF his office
will be responsible il he exercises it without necessity,
thus increasing the public expenses
The amendment was adopted.
Mr.. EN1ON. Mr.. President, propose 10 offer an
amendment, the purpose Of which will be 10 strike out
the whole bill which is before the Senate, and to
substitute totally different sysem-one OF which gave
nimaton al the last session then stated to the SEN
ate that since the cessation of barbarous iimessnce
the cessation Of such times those when Great Brit
all the lands Of the conquered considered be-
longing 10 the c0aQueSoF&nce thai ne and especially
in the age in which live there instance,
in which country conquered by arms or ceded by
thority in which the land titles OF the country are ar
raigned and held the whole OF them 10 be in
valid until they are proved to be good stated that to
be principle of the civilized world at this day
greed AT the last session. and stated regret that the
gentlemen from California. who had brought in these
bills should have felt themselves far bound BY what
the United States had been doing in the of Louis
ana, Florida, &c. to form idea OF bringing in first
board OF commissioners and afterwards judicial trials
in which all the titles of country are be aragned
and every be held invalid and continue be held
invalid until it has the gauntlet of three different
suits. gauntlet is TO be in every case. and every
time, before tribunal appointed by the United States
themselves, to which the parties have right even Of
obecting they would have in trial at law. took
occasion then 10 bring before the Senate strongly
could at that time the fact that such princi-
pie that, applied TO California to New Mexico at
present. would be perfectly equivalent to general con-
scaton Of all the landed property of the country; and
act al of general contscaton to permit the
people to to work in some other way 10 get land and
thus save the expense, the anxiety, and believe may
add the horrors OF going through three law suits for
their own property-and one OF these law suits three
thousand miles from where they live brought this be-
fore the country strongly could at the last session
OF the amendments offered, concurred with laid
before the Senate-that which undertook to make the
first decision in favor OF the claimant valid against the
United States. thought myself that il was but small
thing, when the United States has brought up all the
claims before board of their constitution appointed
by themselves and paid by when such
board should give decision in favor of a claimant il
should stand | thought that a small matter. But the
substitute which before goes the whole length of
ming the gauntlet through all three of the trials And
what be the result! Ii must be that the claimants,
except great and these probably in
which some American better acquainted with our juris
prudence and not afraid OF lawsuits French and Span
ish are-tor we know they habituay afraid OF law
SUITS and especially o American law in some
great cases, in which American shall become the
sgnee the parties themselves will surrender their claims
rather than undertake pursue them through three such
trials.
believe il particularly hard 10 apply these proyis-
most liberal promises Of assistance the part OF the
graci ious theIe and accept these lands as
ac ep OF these lands They received assistance from the
the government in taking possession OF these
lands and IN cuitvatlng them. They received positive
and direct aid They were exempted from contributions
for certain number OF years. Military sta,lons-preSi
dos as they called helG-om the Latin pres,atuweTe
established for the purpose OF protecting the settlers IN
every case
Now, sir, these people, after having been induced by
the OF Spain TO 60 and settle the country, alter
having been induced 10 accept the gratuitous gilt from
the crown, having been paid 10 accept H. and exempted
from contributions Tor many years ailefH ards-hese
people, above all others, when they fall within the do
minon OF the United States; al tue same moment when
at stroke OF the pen, nlnetyye millions OF acres OF
public land, 10 be accompanied by al least hve mllons
OF counterelts-so will call IT hundred milhon-equa
four such States Oao, all given away AT that
very moment these people are pursued oy sets
trials to take away all the lands which they were IN
duced TO accept from the crown o! Spain.
| Sir the crown of Spain a despolism; but there
was one respect in which II the most kind and most
maternal OF governments; and that was IN g.vng land
TO every nhab,an according to has station IN hfe Land
was given in every case according TO the pursuit and
occupation in life OF the individual II be was an inhab
liant Of town or village they gave h'm an n-oi Of so
many varas-which a Spanish yard, or three geome
rical ieet-and they gave him an out-lo and hey gave
him right in common This was to the inhabilant OF
pueblo They gave 10 farmers who intended to cult
va,e lands which were proper for cultivation, taking
that they should have lands cultivated by the season
that is, by the rams which fell upon themand others
thai TO be cultivated by irrigation and where water
II
well divided, that every one should have his portion
OF rrigabe iands and OF lands cultivated as they eN
press it, by the weather. Every had lands accord
ing to the of his capacity TO cultivate Besides
that SIR they gave ranches and hdCeHd1s which consist
of large dis,rics-not quite large those given Tor
merly 10 the colonies however not quite so large as
Maryland which given TO Lord Calvert, or Pennsyl
vania, which granted to William Penn; but which
would large compared with our forty acre grants
/ Ii is curious that they had more pnlmums than maxi
nuns They more frequently provided that The grant
should be less than much than That should not be
more than so much The ordinary grant, for purposes OF
raising stock. the rancho OF eleven prtdios The
preside league square, or more exactly l,32S
acres Eleven of these was the maximum which the
colonial authorities the local authorities could grant
Besides all this in favor Of the settler under the Spanish
crown in Texas and everywhere elsebesd.s all these
inducements TO ge, settlers, they had class OF settle
ments made by what may be called contractors. The
to receive large compensation IN land Tor
procuring persons to 90 and settle upon the land Usually
large district appropriated to the contractor, out Of
which he to gran, much to every settlers and then
he himself was to have five presidios-hva tracts OF a
league square each-for every hundred families be
could get TO settle upon the ground in that way. SO
anxious was the Spanish government to bring about
settlement and cultivation, Tar from selling land TO The
settler that il was not only given 10 him, but he was IN
duced to take by helps to the poorby exemption from
ti,bes-from ,hes oil the church even, as well as from
conh for certain number OF years alter he bad
accepted it and after all class OF contractors was en-
poyed get people 10 go and settle there paying them
at the rate of five leagues square for every one hundred
families they could induce 10 settle.
! Now. sir, when have got possession OF such a
people that find ourselves arragnng at once every
iile. holding every title 10 be fraud against the govern
men until the party shall prove TO three different courts
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