The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-03-08


Now, we have a right, il may be said to couple any
condition with gift That is true but what nsh' nav
To make this giftl There IL the question nav
night TO make the gilt Ia the hFsi place, anu nn
as matter OF course that have no tisht 10 ahneAa
condition that gift. u Is ihcompsun's WIN oase
rghs-wIh the power OF the State 70 leg over me-
domestic concerns with her limits And we are sui
frng ihese things 10 pass while the senator lIom Cali
forna MIR GwiKl ike watch"an y always upon ms
feet and in the use of his tongue which Is remarkably
neasant and agreeable. and very effective wilhal, lar
AS relates TO interests OF his State We really seem
10 be hoodwinked or blinded or me'nerzed IN regard to
those matters for whenever California comes up every
body her have her and nobody TO oppose
her Now, venture TO say tina, there not half
dozen who have look ed at this measure for the
reason that because il for California verybody
supposes il is all concert. The Committee Public
Lands. from the States OF the Union themselves
making arrangements TO give away the balance OF the
| land
But look little further and wha, the bill says
| And in all cases where such married persons have
compl ed with the provisions OF this act THAT Is getlng
married and obtaining oredit-Iaugherl as to enite
Them the grant above provided, and either OF them
sion for dvorces-Iaug The survivor children,
heirs of the deceased Including the widow in equal
proportions shall be ened 10 the same. and receive
therefor except where the deceased shat Otherwise
have disposed Off by testament duly and properly executed
Here making arrangements for statute distrbu.
on declaring how property vested IN the husband shall
be distributed in California Where are the State rights
men now Here is a power never before exercised by
this government This is consolidation, sir IN all ITS
altitude. We assume to ourselves the right contrary to
the constitution, uOnauOns anu lnen we
such rights and then enter into State legislation upon
the subject Let this question be met for hereafter
this principle if adopted will be declared precedent
and il will be said, You have done il for California
you must do il for New Mexico and Utah." And then,
probably, wha called the States will come
here and say is but just to treat us as you have done
the younger sisters And then, when they all get into
The Union States. there will be majority OF them, as
a matter course, and away 20 the public lands
now offer the amendment to strike out three hund-
red and twenty and insert one hundred and sixty. and
also 10 strike out six hundred and forty and insert three
hundred and twenty; that, if the settler is unmar
red man, doing what we have never done before
in regard TO a Sta,e-Iwe have done something OF the
/ kind in Oregon. which is only Terrtory)-we are
giving him hundred and sixty acres OF land; and
he is married man, give him, in addition 10 that
that his wife and himself combined who are con-
sidered but in law-one hundred and sixty acres,
Mr. M me-
attention of the Senate further provisions OF this
bill, which think ought be considered while we are
called upon to act upon this amendment because think
them germane the subject. My friend from Georgia
limited his remarks to The advantages which families
were to derive from this law. But the bill goes little
enable them get husbands. That think more proper.
perhaps, than the provision to which the senator has
1 called our attention fou will find in the fourth section
OF the bill the following:
nge over resident said State before the first day Of
January eighteen hundred and ftythree there shall be
quantity of hundred
and sixty Of the public lands to be located under the
direction register in mode and manner Aforesaid
Now understand that does not require the female
to settle upon the land but If she proves her residence
in the State then the officers of the government shall
ect for her. she be twenty years OF
age, to enable her to make
; Mr. FELCH. II the senator will permit me, | will
call his attention the fact that he is remarking upon
part of the bill which is stricken out
The PRESIDENT The fourth section was stricken
out, and a section adopted in lieu OF IT,
Mr. UNDERWOOD. What is the section that is
adopted in lieu OF it,
The PRESIDENT 1t is printed in italics
. Mr. UNDERWOOD. (having read the secon) lpre.
D sumo. then, that what commenting on which
made it the duty OF the land officer to select 100
OF land for each female over twenty ore years age
apply unless they actually settled upon and cultivated
the soil That will relieve the bill to extent from
the calculations which intended TO present TO the Senate
But according to the third section of the BILL have
800 given TO all single persons who settled there
prior to ls4S, and who the Territory domcied al
that time We have $40 given all married per.
who settled prior 10 ls4sha TO the wife and half
the husband 1t is proposed 10 amend this section by
reducing the quantity OF land each instance 10
half what it now is.
Now recolect when we were abou, to admit Califor-
MIA into the Union, that had estimates from my col
league and the gentleman from Georgia, fMf BERRIEE
and others, 10 the population actually existing IN Cal
orna the time OF the adoption of her constitution and
when her members were knocking at our doors io adm
son. and made his esli mate under 100000 people
What that population will be 1853, the period to which
the provisions OF this law 10 be extended, my friend
from California knows perhaps great deal better than
do But think we may safely calculate, if the past is
any criterion for the future that at the end OF that period
there will not be less than 100000 persons in California,
} Mr. BORLAND Will the senator allow me TO sug-
gest that the census shows population al present OF
200 900
I Mr. UNDERWOOD. Then there are data that
rely upon This bill extends 10 time in 1881
think to the fall OF that year.
Mr.. FELCH The first Of January
4 Mr.. UNDERWOOD. There is then, the remainder OF
this year, and there is the whole OF year. in which
the population is accumulate in California Now, il
any gentleman will make the calculation according 10 the
donations which this bill makes, he will ind that exclu
ding the mineral districts, which reserved from the
appropriations and excluding the mountains, which
not fit for cultivation this bill just disposes of the whole
balance OF the country.
Mr.. FELCH. desire to call the attention OF the Sen
ate to the provisions OF the bill TO which this amendment
OF the senator from Georgia is offered. understand the
question before the Senate TO strike out $40 and
insert 100 acres with corresponding amendment to
strike out $40 and insert $40 acres reducing the donations
OF land one half What wish say is, that the tuird
section does not the from Georgia 10
suppose refer TO settlements which may be made in Cali
lorna subsequent the present time, 10 those that
have been made al very recent date II provides only
Tor cases OF czens who settlers there the 30th
day Of May lsis. That is the oHy class provided for
by this tbrd section subsequent section provides for
another class; and that section, of course, be
question Tor subsequent consideration. This is not,
the senator seems 10 suppose entirely beyond
any former legislation upon this subject The bill pro-
vides for the old settlers OF that country and excludes
from any grant made them all the mineral lands the
country Now, do suppose that this provision Tor
the class oil old settlers is liberal than the laws
! which have been adopted in other States which have
been formed out Of newly.acquired territories The
grants OF lapd made TO old settlers in the territories
acquired by previous to this country have been
liberal in all cases, believe, in the here pre-
scented, and in some instances they have been more lib
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