The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-01

will take the occasion say. that while am for the
faithful observance OF all the provisions OF our treaty
with Mexico-whie | willing 10 recognise all indi-
vdual rights there, OF whatever Kind or Character al
present existing, the enjoyment OF which was provided
for by hatreaty-l unwilling 10 do more Tor the PEG
Pile OF California than for the people whom and oiher
senators here represent Ii that the principle OF
prescription does not obtain against the OF the
United States or against any OF the State governments
which form part OF conlederallve system; and
understand it be virtually confessed by the honorable
senator from Louisiana himself, Mr.. SouLE, that this
amendment OF his is intended 10 bring into operation
new principle, for the benefit OF certain class OF land
holders IN California, not recognised by the treaty OF
Guadalupe Hidalgo, and wholly unknown to the laws
aud usages OF the government whence these alleged titles
parpor TO have been derived Thus we are called upon
legisate in behalf OF class of supposed landholders
in California, IN a manner and 10 extent not recog
missed provided for in the treaty, or by the laws
or usages OF either Mexico Spain. This is TO dis
eliminate in favor OF these persons, and against the
government and against the other citizens OF the United
States all OF whom have equal claims upon our luslce
as those who would be benefited by this amendment
There thousands and perhaps hundreds OF hous ands
OF persons in the various States OF the Union-in Mis-
sissipp, louisiana Arkansas, and other Slates-who
hold lands under circumstances emitting them to special
protection fully those referred to in this amendment
Why, if we egslate is now proposed TO u.s. shall we
mol adopt general law whose provisions may in
cude them Also and thus establish the principle OF pre-
scrpilon against the government in behalf OF all who
may have into the possession of land belonging to
the government and which has been held in good faith
for the term OF twenty years or raoe' Let us DO full
in California but having done this, let be content,
and refrain from such attempts to initiate the magnificent
lberaty Of crowned heads, governments whose pow
possess limit the will OF those who exercise
despotic rule.
Trust that duly sympathize with the people OF Cali
forna trust am unwilling as any one here to do
them the least injustice; but cannot reconcile 1t to my
OF proprey 10 engage in egsla on of partial and
unprecedented character for the beneh OF those who sup
those who may chance have derived titles existing, it
may be, only in fancy from others who have without
authority deemed themselves OF vast domains OF
valuable territory in this remote region The section I'M
der consideration, without the aid OF this amendment,
provides for everything behalf OF the holders OF real
fictitious land titles in California which they have
right claim at hands, which they could by pos
sbiity have derived from the laws, usages or customs
OF the governments either of Spain or OF Mexico Thus
far all are willing to go; and it this amendment IS net
intended embrace object beyond this, the adoption
of it is least likely give rise 10 such msinerpeta
tons prove highly mischevous to individuals,
and deeply deleierous TO the government itself
MI. BUTLER. wish 10 say very few words on this
matter. have heard good deal said about the pre-
scriptve principle suppose the term prescription. ac
cordng to the common law, and suppose according to
any law anywhere, would obtain against the govern
seriously think, however, that there is polit
zeal community in the United States where there has not
been positive statutory provision made recognising
| almost the doctrine OF prescription.
| Mr. SOULE. There is the pre- emp,ion right.
Mr. BUTLER Yes, the prescription right. for in
stance As have said, speak now OF the settlement OF
the States with which particularly acquainted In
the early settlement these States the law OF prescrp
ton could not have obtained but believe the provin-
cal legislatures passed by which grants would
be presumed under certain circumstances. | understand
that IN States grant is presumed by an occupation
oil ten years others, by occupation OF fifteen years
But speak particularly OF my own State where, II
individual has been possession OF land in good faith,
cutivang II his grant is presumed after lapse
OF twenty years Now, that is not prescription 1t is
positive statutory substitution for the doctrine OF prescrp
ton. But am willing IN legislang upon this subject, TO
make the provision for this community which,
undersiand obtains 10 almost all the new States OF the
| MIR We'll 6n lar q q
amendment is concerned turns upon The question oil good
taih because il person went into possession OF the
land peTms-ively held under licenses why, be has
right to turn round to prefer this possession and take
advantage OF other PERSONS and convert that posses
sion into his own right against the one from whom
he derived il. That Is an old and very wise prn-
cple OF the law, " that the tenant shall not be per-
mited to dispute his masters title" should allow
any to dispute the title OF the State from which he
holds his possession But where has been posses
/ sion of land, with organized metes and bounds, for
twenty years, culhvatlng II for his own USE think II
would be wise provision OF the law tina, the time would
give him grant Sir, time is OF the wlsest oil egs
laors IL pulls down and destroys the munlments OF
title; but i substitutes very wise prescriptions for the
actual evidence OF titles II IS the wses OF legisa-
tors for the benefit Of mankind.
| Mr. ATCHlSON asked for the reading Of the amend
ment, and II was read by the Secretary.
| Mr. GWIN. | am in favor OF the amendment OF the
from Louisiana and accepted by the from
Missouri II covers the principle which wished lncoT-
poated into the bill which presented to the Senate
As regards the senator from Mississippi, Mr.. FooTE
he is mistaken if he understood me say that there are
no and bounds The claims all land of by
metes and bounds but there accurate surveys OF
| the country.
| Mr. FOOTE. | understand the amendment 10 read
definite and boundaries" II not, then the amend
ment is exceedingly obieconable-stil more than
The PRESIDING OFFICER. The word in the amend.
ment is :" determined"
! MIR EWING. | would suggest to the senator from
Louisiana that he insert in his amendment the words
under claim OF te" that il would read possession
| in good faith, under claim OF title"
| Mr. SOULE. | cannot accept the amendment sug-
gesed by the honorable senator from Ohio, lMr. Ew-
IsG j II answers not my purpose.
! As TO the honorable senator from Mississippi Mr..
FooTE,l he is mistaken with respect to The position
took upon explaining my amendment TO the Senate J
dscaimed having any intention OF bringing this
within the principles applying 10 prescriptions at civil
law distinctly stated the contrary, my object to be
the creating for California equivalent for the remedy
which the lberay OF the Kings OF Spain had devised to
supply when the rule OF prescription at civil law
had denied the settler with respect TO the public domain
meant TO create IN favor Of the actual occupant who
had possessed twenty yeErs and in good faith
the presumption OF title, The presumption Of an original
grant Are not pre-emption laws based that pre-
sumption Have we not in almost every State some
statutory provision which acknowledges the rights aris
my out OF hrst occupancy, and which presumes title
the occupant alter certain lapse OF time And what
objection there be TO extending that presumption
TO the embraced in the amendment | repeat,
that although under the laws which prevailed in the
former colonies OF SPAIN and which still obtain under
the sovereignty 10 which these colonies have been trans
feued, settler who had usurped any portion OF the pub
lie domain could not be held having acquired by pos
session absolute right to make his, yet through the
beraty OF the laws OF the Indies, he might apply the
officers commissioned with authority to act in such cases