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

is il that should produce This novel proceeding by an
plying the law between individuals operate
individuals and the government and giving 10 these parties
than is stipulated FOR by the treaty-more than has
been given in any legislation in regard to territorial &C.
qusitions'
These hs-yew which entertained by the Ju !.
dietary Commtte | understand that there are com.
paratiyely few perfect titles in California Be il In
portion of the State there TO be found perfect
titles In the northern portion OF the Slate they for
the most part, as am informed, inchoale titles But ii
the party has acquired right by grant either from the
Spanish or Mexican government, notwithstanding II is
not perfected, yet II II was title which could not have
been perfected under that government ii the territory had
not been ceded the Supreme Court Of the United States
adherng to It's former decisions, will affirm such title
Ought we TO go further Ought to affirm titles which
would not be affirmed by the government from which
this territory was acquired That will be the effect OF
the amendment The provision, as II was reported BY
the Committee the Judiciary will restrain il within the
limits OF the former decisions; that is say, will se-
cure the affirmation Of all good titles. and all ingong
titles which would have been affirmed if the government
from which the title had been acquired still existed
MIR GWlN. Mr.. President. introduced this provis-
ion in the bill that reported to the Senate for
that were entirely satisfactory to myself and they
principally these: The titles in California my opinion
so far the information have been able TO obtain in
gard TO them goes were never perfected to the same
that they other countries acquired by the
United States. On former occasion read to the Sen
ate portion OF report upon these titles made by Capt
Haock late secretary of State in California, in which
he makes this statement:
"a large number land titles IN California are very in
definite with boundaries the grants being for
many sos, 'creaderos,' &c. lying between certain hills
&c shown by rough sketches attached TO the
petitions These sketches frequently contain double the
of land included in the grants and very
few of these grants been surveyed their
definitely fixed"
went on further to give the why these titles
had not been perfected much in California in other
countries ceded to the United States stated thatn Cal
fornia there were, comparatively speaking very few
claims aided by actual survey made by the government OF
Mexico Spain knew OF none, and therefore said
very few. The following is my language upon the
subject a4I
Snow, is matter Of universal notoriety that In the
aggregate the titles in Louisiana, Missouri, and Florida
al the change of government in much more perfect
than in California Besides complete tides large
number of the nchoae incepve grants aided by
actual survey under the Spanish government whereby
fairly entitled to be classed private properly Yet, in
necessary order carry effect in good siih
what France and Spain would have done, had they
tinued in sovereignty
In California are, speaking very
lew claims aided by an actual survey made under the
population the netcency Of the machinery OF the former
government, the indifference of the original inhabitants
but loosely dened but s with such references natural
objects to make them susceptible of location.
According TO the decision OF the Supreme Court in the
case of the United States King al, (3d HowardJ
actual survey Indispensable separate claim from the
public lands, and place in such category IL could
be sustained under treaty.
! was of the opinion then, and am Of that opinion
STILL that the law OF prescription should be brought TO
bear favor of those old settlers The bill reported by
degree the objection 10 strk king out this provision Still
shall be in favor of inserting il. The lah section of
the bill is as follows;
That the provisions OF this shalt extend any
ot iam lot, lot, held under grant from
any corporation or which lands may have been
granted for the establishment of town by the Spanish
Mexican government, the awu authorities thereof,
TO any city, or town, or village ot, which city,
or vi age existed the 7th day OF July 1886 but the
claim tor the same shall be presented by the corporate
authorities OF said town, where the land in which
the SAID ciy town. or village was originally granted
an individual, the claim shall be presented by in the
name OF the individual sod The sc Of The existence Of the
being duty proved shall be fue evidence grant
such CORPORATION to The individual under whom
said lot-holders claim "
That comprises nne-tenths If ninety nine one hun
dredhs OF the old claims in California that would be
affected by prescription. The great body Of the old
claims in that country o that character The bill OF
the Judiciary Committee aifrms them outright One OF
the objects had in view in introducing the principle OF
prescription was TO confirm these town and pasture lots
which form the principal part o the old claims in Cali.
forna The objection therefore, to striking out this pro-
vision in the bill has been in great degree removed by
the insertion of this section in the bill affirming those
claims which II was my objec, TO affirm by the law OF
prescription But, inasmuch as know, owing TO
have stated that the titles have not been completed
much as they are IN other counries-or we have but
very few surveys, and II is impossible TO ascertain
what the claim i unit, il IS sutveyed-l am In favor OF
giving all the advantages TO the old NEUTRALITY-SUSPICIOUS.
against whom charge is brought; for the land
worth little nothing ten yearsago. My object s 10 pro-
tect the ancient inhabitants, against whose claims
charge be brought, in all these possessions which
tney nave be1 and cultivated Tor Ten years
Mr.. BENTON. Mr.. President, the senator from Ken
lucky tMr. UsDERwooDl seems TO have divided his
speech into parts each of which knocks the other
in the head. The first part that tins provision was
wrong and ought not to be put IN the bill and the other
was that already in the BILL and that being there,
il ought to remain. believe am right, il not should
like TO be set right.
Mr. UNDERWOOD will endeavor to explain. My
frs. position was that tins idea of prescription being in
roduced between individuals and the government was
new and therefore principle that thought ought not
10 be introduced My second position was, that IT, accord
ing to the law of Mexico, OF Spain OF California,
tiles granted in consequence OF settlement and
cupaton, It sufficiently provided for in the bill II
seems to there is conflicton between these posi-
tons
Mr.. BENTON | did not ask the senator from Ken
lucky TO define his position srtenso. only gave way
10 give him opportunity OF saying whether wasrght
or wrong in dividing his speech into two parts, each OF
which Knocked the other on the head.
MIR. UNDERWOOD. The gentleman was wrong,
think.
Mr. BENTON. n | understood the gentleman Alright,
he certainly against putting this clause the bill
Then II understood him Alright, he said that the clause
be governed among other things by the laws, usages
and customs OF the country, would include ihls prescrp
lion right. believe am right to the position OF
The gentleman Therefore may suppose that the two
parts OF the genteman- speech, like negative quantities
n algebra, counierac, and neutraze each other. The
senator from Kentucky has argued the question as IT we
were executing the law, and not making IT, Why, we
are not trying We not administering old laws
but trying to make new As Mr. Burke once sald
10 the lawyers in Parliament Eve not IN court, but IN
Parliament" We are making laws, not executing mem.
And the gentleman will receive II as a compliment Wneh
ii seems to that good lawyeraOd be certain
y good one-ususy falls into the idea OF executing
law, when his business s TO make one ~ seems 10
that the Argument OF the senator on hs occasion mas
been directed 10 the execution OF law. and not to the
I.n,n AZ la.,r Ia r.