The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-10

out found them By various acts OF the Mexican gov
enmsnl which is not necessary TO detail The Mission
OF the State, The position OF the mission lands al tn
time the country conquered is thus described b,
Capt Haeck
"i5 That the mission lands and other property whcl
Of iaw. are sun the property Of government, and may
diiion Of .,he missions of California when the 7li
OF July, ieab, the American flag raised in Mon
,De name Of the Unted States Nor has this oondtiou
been IA ANY way changed by the American auhoritie,
he civil government in California, representations were
made to him from the respectable that the
grants and sales OF mission property by Governor Pco u
he was leaving the country without the authority
OF law and that though actually made after the IN OF
July, 1886 they had been anedated in order to give them
the seInplance oil legality These titles were not recorded
in the usual book Of records in the government
yet has been found Speculaos had bought up
these donbist tides and now demanded 20 na pai IN pos
General Kearny issued decree the 22d OF March 1917
hands OF the priests until the proper tribunal houd be
organized determine tho validity OF those titles Vide
actual possession, they were allowed 10 remain,
but with the express understanding that rhs permission
also who found holding mission property on lease
left quiet except the renter o the mis-
and Destroy properly Of The injury and
almost total eecled by the comnandng officer OF
reported governor that the priest of the mission
Of Santa Clara selling the lands OF that mission lie
such saes, and being unable give any thar deemed
Satisfactory e governor declared all sales made by him
OF mission lands be Illegal, null, and void Vide APP
| lendix No 21.)
This closes my extracts from this report and the docu
ments accompanying II. On examining them 1t Will be
seen what is required to make perfect ttle to land N
California The provisions of the laws granting lands
clear and specic and could easily be complied with
in most cases 1t also appears that claims covering most
valuable lands said to have been made after the con
try was conquered and an,edaled 1t also appears that
similar charges made IN regard to the disposition OF
some Of the missions Can any suppose that these
great claims covering property OF such value can De sat
slactory settled except by the Supreme Court OF The
United States I
have thus stated the origin Of land claims in Caor
nia the condition they in at the lime OF the con-
quest of the country, and the position they occupied
the st of March, S49, the date OF Captain Halecks
report Since that time the emigration TO the country
has been immense and the demand Tor land Tor cultva
on great II is the interest OF every man IN the coun-
try have the land claims speedily settled, to separate
private IRON public property There is constant danger
of collisions between the land claimants and seers and
if we wish prevent the shedding OF more blood IN that
country, we must speedily, summariIy and finally on
this subject 1t is to accomplish these objects that the
bill has prepared and presented TO The Senate
AS to the system of settling land claims adopted and
acted upon by this government Tor the last forty years.
which so hercey assaed by the senator from Missouri
have but little say The system is able to withstand
without my aid, any attacks he may make upon IT. It's
eatest defect remedied in this bill The old system
settle summarily and finally all land claims in the
quired Territories of Louisiana and Florida By degrees
The government compelled to come 10 the system
adopted in this bill, which, in my opinion, Is the most
perfect and Just TO all parties that be devised Under
private property perfectly protected as II was re-
iqured should by the treaty with Mexico and the
law of nations The tribunals before whom these claims
may required 10 conform to the treaty laws OF
nations, the laws usagcs, and customs OF the nauon
which made the grant, and the law OF prescription IN Ia
vor OF possessory rights applicable to individuals
Could broader shield be thrown over private righs
Can any honest board of commissioners fail to decide IN
favor OF every bona de claim. where the claimant mas
Il n The. laur N.
tom and usages of the Spanish and Mexican govern
men,s they would have been conhpned although all
the requirements OF the law were not iuly met Ana
will not such decision be affirmed by the Supreme Court
of the United Statesl Yet this BILL II IS said, Will despoil
the people of California OF their property;
The senator from Missouri made the following pedge
to the Senate on Thursday last :
But before done with it think shall make out
that ,nch bill as this is have before said tansmount
agene nnscaton OF all landed property ia Saoha;
that In elect violation OF the treaty with hekco
violation OF the laws of violation oi the proca.
issued by the American eommandefs IA Sailonia;
violation capitolaon entered into win the com
in California violation OF the laws usages, and
oil the country in which they are violation M z
President of tho decisions OF the supreme oour oil the
United States"
And he accordingly the following day, presented
objections TO my bill, which will now proceed TO ex-
anime -, -,
As 10 his first objection, think il has weight The
movements OF the board OF commissioners VIII be nolo
ous in the country The President VIII discharge hs
duty by requiring the commissioners TO give full and
ample notice. the times and places where the com
mission will NEE and be in session, as II the law made
il imperative that they should do II might be OF the
greatest importance that the commissioners should be
permitted held their sessions where IRON some event
that cannot be anticipated or provided for by law, their
services will be most required This additional duty i'm.
posed on the President will not trouble hun much, and
NAV be of great service TO the country.
The senator's second objection to my bill Is, that IT
limits the claims go before the board to those derived
from The Spanish ami Mexican governments; and he
saws: .Ths limitation may cut Oft all those, or raise
question about hem which derived from the Califor
MA local authorities" How can II do the one or the
oiheri The laws OF Mexico authorized the local au-
thories Of California TO grant lands This is Mexican
law and the California authorities are the mere ofhcias
TO execute it. have to-day read the law OF Mexico
granting this authority TO the governors and LEGISLATIVE
| assemblies but these any the less Mexican laws
because the California authorities carry them into ef
fect The question is too plain to require further argn-
ment But the senator says my colleagues bill ito
which mine was offered substitute, and adopted by
the Senate in committee OF the WHOLE and IA now before
us for our action) provided for an examination
of claims emanating from the California authorities.
If this had been all that my colleagues Mr.. FRE-
MosTsl bill had provided for would have been merely
work of supere and harmless in ts Effects but
il went great deal further than tins II did not limit the
action OF the board 10 claims OF the California govern
ment before the conquest but extended Its action up to
the date Of the ratification of the treaty with Mexico
This gave authority to the board TO examine claims which
may have originated with the American officers in com
nand in Mexico, who had no authority TO grant lands,
thus mixing up powers that could make grants legally
with those that could not am utterly opposed to the
minglng Of these claims Let them be examined sepa-
ratey, and upon their merits.
The third objection s that the 18th OF July should have
been selected as the day beyond which the commissioners
could not go in the adjudication Of any Spanish or
Mexican claim. This time was selected because on
that day the American flag was hoised al Monterey,