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

the mos, appropriate shan be designated tor tho hAbaoa
~ e eufae WIN the addition OF LOT OF gfonnd, not OK
eeeding two hundred square and nanins cd
ieees shall be specially adudeated for court house. pro-
pafat ny schools, public embellishments, and Workshop
This is t. One house, and one lot And that not his
own but the use Of II while there Two hundred
varas square each yara three geome,rca feet little less
than Engsh yard, and making some six acres This
is the prime epay-one OF the nineteen principalities
which loom feariuly in the eyes OF the senator from
Georgia and under the terror OF which private property
10 Catholic priests the Senate is required lexslate
One LOT and one house TO each parish Why, we Pro-
tesaDts have dozens aud scores OF parsonage houses
almost any town. furnished not by the government but by
the pashones, and belonging to the church. not TO the
officiating minister Thus is the source OF the terror
which these Catholic priests have inspired to-day, the
foundation OF the alarm which has hlled the bosom OF
the senator from Georgia and which he has so foen4y
propagaed In this chamber feel none oil II and II the
gentleman himself OF the Senate should act under H. they
will do sad injustice, not TO the priests themselves who
can neither gain nor lose by legislation, but 10 the
pt ople OF California
But our bill, this judiciary bill, makes exception
this house and lot Of The cnrae run the gauntlet of
the three trials which the bill provides for all landed prop.
erty II TO be put upon trial three times in the United
States courts be exposed TO all the arts and skill OF the
low up the Supreme Court OF the United States, and at
last, ii he fails. the two hundred and the hoase
the SIX acres aud the co!ageare to become the spoil and
prey of the thirty United States Vt America, and 10
be surveyed and disposed OF like any other public land
protest against this appeal TO Protestant America to
stand by
have no notion OF compelling that curate, and he only
temporary tenant. TO go before board Of commits
soners there TO give in his title, then have petition
filed against him 10 try rights with somebody else a the
same Time with the double appeals, one OF which is to
bring him from the Pacific to the Atlantic, conending
throughout with the quks and the bubbles, the arts and
the chcanery of The attorney which the thirty one United
States may employ agains, him, Sir, shall raise my
voice against all this and whether is available hers or
not think il will find lodgmen in the hearts OF Pro-
tesiant America well as in Catholic California.
Rut there are class OF settlers who still more claim
our ssmpathlesthe civilized Indans.those neophytes
of the missions who lost their best friends when the
missions secularzed, and whose last blow Ia now
to be received from Sir il is deplorable to contem
plate the mischief which this bill is to operate the ter
lor. The despair the expense, the long agony which s
carry into the bosoms OF far distant and helpless peo
pie These claimants hold written grants or have long
possession. Either is to be respected Gentlemen say
the Supreme Court will sustain them say 80 too; but
when' After the parties ruined under the operations
Of this bill The Court has shown that they have CON-
well as law, and have carried out the tea-
ties and law OF nations often cases have been
brought before them but II is wrong to carry people to
the Supreme Court to defend what is their own. Cen
llemen say that grant Wlthn ten leagues OF COAST
void | answer, IN the Supreme Court that whatever
public tunctonay does is presumed TO be night until tbe
contrary is proved
apprehend there are a good many grants within ten
leagues Of the coast apprehend that San Francisco Is
within ten leagues, and Monterey, and Santa Barbara
and Santiago Then there is something else near TO the
Islands in fro front Of The coast and which have been
granted But why engage in all this! Where is II 70
end : We will not get to the termination Of anything il !
we undertake to make ourselves acquainted with Spanish
legislation upon the subject.
mus, here repeat, perhaps for the forte,h tme that
the CALIFORNIA; were both specially exempted from the
general land laws which applied TO the Spanish posses
sons in New SPAIN Gas the possessions OF Spain on this
continent caled.) which divided into twelve
ln,endencies for tse disposition Of the public land. AT
intendant- general within each intendency He had
sub delegates in each province granting concession.
and that concession always requiring survey to be
general before the title complete. That with
respect the twelve inendences. Both oil the Caliof
specially exempted from that law, and all the
lands them disposed Of under special DEGREES and
laws applicable to them Ii we undertake TO study uem
shall have confne ourselves, with justice to the
case, TO those laws made Tor the CALIFORNIA;, and not
those for the twelve intendencies.
Twenty years is the period OF limitation mentioned In
this bill But ten years actual possession and consecu'
tive cultivation were in the act Of IS056, for the settle
OF land claims in Louisiana ten years. under GER
tain limitations and restrictions The senator from Wis
consn MIR DoDGEl must have heard suppose. thov
sand times the reference 10 these ten years possession
and consecutive cultivation.
Mr.. President the provision as hrst drawn n, ~ my
opinion, the right one IL was 10 make the law OF pre-
scption in California apply against the government OF
the United States applied between individuals II IA
most perfect act, and for the public good BY quetng
possessions Now, if in California any one OF these per-
sons who is to be dragged through three courts BY the
United States, sued by another person, he would
have the benefit OF this defence If he came under either
OF the three provisions of thirty twenty, or ten year, be
would be protected according TO the extent OF that prov-
ion Now submit to the sense OF the Senate-to their
sense and ustces II right for the United States, IN
lake TO themselves an IN
ducing lawsuits against these people, which no man IN
the country would have If he was to carry on against
the indvidu Is it right for the United States TO de.
prye these people of defence which would be good
against all the ord besides put the question to the
American Senate, il right that the United States, IN ar
ragning the entire titles OF the country IN suing wnoe
popu once in requiring the whole poPulauon 70
70 to a tribunal which they constituted and tnere MAKE
good their titles TO the lands IT right that the UnileA
States under these circumstances should deprve the
people thus sued thus subjected 10 the loss of
their property and to the most onerous expenses a
pe al TO the conscences OF every American, and ask
s h 10 deprive these people such case OF the beneh
of law which he would have, if sued, against all the
before All others had equitable provisions in favor OF
the settler is full Of legal enactmens against him
1t is bill OF aw-brm-f full OF lawful OF enactmenh to
harass the claimant IL comes not IRON the public land
but from the law committee. IL isa law bill, providing
| Tor suing whole community. Sir. IN the long history
of the British Paramenis there some that have earned
honorable and dishonorable aPpellatons VI the
latter will not speak Among the honorable was one
which was called the Blessed Parliament and we are
told by Lord Coke il called because tnere was not
a single lawyer in IT,
MI CLAY Mr. President, wish, sir, to say few
words upon the particular amendment under considsn
duce a new and distinct rae OF property from thas
which is compehended in the treaty which we are carry
ing into effect We bound by honor, by justice, by
good faith, carry that treaty into full eject We
ought 10 give to il, Mr. President admit liberal and
generous Interpretation, but not bound to 20 be-
yond the treaty. We are not bound to introduce
rules OF properly behalf of the inhabitants OF Caor
MA extending their grants and enlargng their poases
We bound to secure to them, under the treaty