The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-07

rights Of property in California to under the prolsc-
tioa Of the law Of nations and the general clause IN ia
voI Of " "hes enjoyment contained IN the ninth ar
tic, That great grant commenced al the city Of Msxi
CO " the mouth OF August, ls45, was in progress OF
completion IN May and June, 1876. and Macnamara
present drought up by British ship ofwar) receive
possession the moment the last form was pot to il The
operations OF Fremont prevented that last STEP aud saved
real Prncpay agoden principally in the finest part
Of California, from passing into the hands Of British sub
jects And nowthe senator from California proposes
day for leglmathg TILES when the Senate refused, for
weghty reasons, to admit OF any day in the treaty,
Fourthly The substitute bill provides that the district
attorney - 70 appear before the board OF
to attend to the interests Of the United States This Is
converting the examination before the ssioners INTO
real law suit, the United States for plaintiff, and their
prosecuting attorney tor LAWYER This Is gong oeSqIa
lawyer was ever admitted in them before 10 plead and
manage against the claimants. OF course. thus would
bring up counsel The other side; and every CLAIM
would be trial law. with runens appeals to the dis
trict court, and afterwards to the Supreme Court
Filthy The substitute bill requires he principles OF
the act Of May 2sh 1924 for the adjudication OF Lous-
claims, to be taken into consideration by the boards
and courts. This is serious error and brings law TO
bear upon the California titles on their ral which was
all about that act Of 1924. drew it. Ii founded
upon the great ordinance Of l7s6the ordinance estab
specially excepted This would be trying the claims by
Sxthly The substitute bill goes upon the idea that the
land titles in California Inchoate and imperfect and
needed some further act from the Mexican or Spanish
governments to make them Legal or perfect titles;
and therefore the United States must supply that def
grand mistake All the law which has been read estab-
fishes the contrary Every word Of it proves that these
titles were legal and complete when the simple forms
under which they,were granted were complied with
that concession and possession wns full te--no fur
ther act necessaryDo survey even necessaryno such
thing one Of our patents ever required to issue Every
word of law read proves this and therefore the is
fundamental and destructive Of all law and of all right
which proposes to proceed upon them if they in
choate, or mere ncepve titles, requiring further acts
either from Mexico the United States.
The report from which have read much well sums
up at pages 1919 the whole law Of the case, and the
whole justice Of the at this point and clearly points
out how little the United States have to do with these
tites-how easy to discover the few false simulated
grants from the genuinethe alarm and ruin OF bringing
htessuryeys. to define grantsand proceeding against
those alone to which suspicion aaches-are the only
things which the American government ought to do
He says:
perfect title, that the holders possess their property by
..s. that under tue law which created them were
Dos Psrfeet-hatis which lack some formai,y,
psss and and s sesn a saan
rspectsd under the government which has passed away
simulated grants If there be any SUCH issued since the
sons who made them ceased from their functions in that
shtnk the state of land titles in that country will allow
public land. to be entertained and the private lands
measure calculated TO discrcdit be dsrused
the general character of the titles here besides
uhfien. and among all present holders Of properly would
I6elisve also reard the substantial improvement of the
country title dcredited is destroyed, but
10 afraid to touch IT, all labor and
monsy y Improvements that rest on asuspec,ed tenure
The holder 10 afraid to improve others afraid pur-
chase Or they do purchase at is dscrediied value, will
ling only to make uncomfortable investments upon it,
Tho titles called question: "a, they certainly Tor any
reus0n which could discover, do deserve be
soon operate 70 break up the existing large
Of uch extent az the of the country will allow of
circumsnces and with assurance Of tenure as viii
warran, those substantial Improvements that the thrift and
think the rights Of the government win be fully Sc
IN ss e sna y Of 81
measure In relation to private property than authorized
s s s'a9 s h
serving the ovsplus or according to ancient possession,
where dates from the time of the Spanish government
and hs written evidence grant lost or does not az
ford data for the survey But providing that In any
OF the government the s,ae. from iniormson in any
way resolved there may be reason suppose grant
Valid the government Cor proper officer OF m may direct
q suit 70 be instituted for its annulment."
concur in these general views In fact my bill is
drawn in exact conformity 10 them. II provides for
srs acds 10 issue against suspected claim leaving all
the unsuspected free from moesiaton. | eschew the
whole idea oil boards OF commissioners and appeals TO
district courts, and further appeals the Supreme Court
with district attorney to appear against the claimants and
additional able counsel To assist them eschew il al
and repeat what said yesterday, that such proceeding
il violation of the law of nations, violation Of the
u&y WIN MEXICO, VIOLATION OF the procamailons OF
the military commanders in California, violation OF the
capitulaOn OF Couenga, and tanianount to general
conMscaon OF the landed property of the country take
the bill as proposed to be passed, and have nothing
10 do with its authors executors. The senator who
advocates it believes II will be mildly executed so as 10
harass nobody but those who have bad titles cannot
legsiae such belief No tell in what man
ner, or In what spirit, law OF unbounded application
Will be executed No man answer in such a case
IL Is wrong principle Laws should depend upon their
own equity, and not upon the temper passions or cal.
cuAuOns OF commissioners Judges and prosecuting aitor
neys The law should be made right in itself and not
left 10 them to make il right in the execution though
wrong IN itself Illegal oppressive, and runous power
ought not 10 be put into the hands Judges and
under the suppostion that they will il with odera.
lion and justice. Such power must alarm a country
All California must be alarmed at such terrible nQus-
ton over property Those who are actually pursued
through the three courts will be ruined by and
delays those who escape The appeal to the Supreme
Court VIII sui have their alarms and disquieiudes until
the danger has all passed by and that may be term of
years In The mean hme the bare passage Of the act dis
credits all the titles OF the counlry-reduces the selling
valUe oil all real esaeand parayzes the industry OF The
people t1s a crime against man 10 disturb him un.
justly about his property; is public crime so 10 dis
turb whole community. They longer able TO
fuhi their public duties to Their county, their private
duties to their families, while sick al heart for the safely
OF their property And how long is this agony con-
which would require TO carry the suits through all the
courts.
said yesterday, and repeat il to-day, that since The
barbarous times OF William the Norman conqueor, there
has been no general conscaton OF the landed property
OF country-that IN this civilized age oonqueor i'm
peaches or dsurbs The landed titles OF conquered coun
try-that no treaty permits itand that people should