The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-08-05
Our Washington Correspondence.
WASttNcToN Aup1st 2 1870


Land Claims in Califo na-Sett'rs Spectators
There discussion in the Senate, yesterday, be-
tween the two Senators CalfornaMessr Gwin and
Weer-on subject that will occupy large space in the
future legislation of Congress- and probably the fate
Of public in California and other portions of the
Union This question is, the contest that is just
mencing in California between the settlers and large land
claimants in that State Mr.. Gwin, months since,
introduced bill giving very small fraction Of land to
the actual settlers these land claims who settled be-
fore the passage Of the law for their examination and
who Rave remained upon these settlements and cultivated
tie land giving the land claimant the quantity of
unoocupied public land in other portions of the State
This giving these settlers of the benefits Of the
donation bill be had Misunderstanding each settler the
public land one hundred and sixty acres.
When the knowledge of this bill reached California it
was rociousy attacked by the land claimants and the
newspapers in their interest," and all sorts of abuse
heaped upon Mr. Gwin for introducing it, lie was called
robber and other choice epithets heaped upon
him These attacks have called out the Senator in his
dcfcrce and the occasion of his speech yesterday
IL was Listened to with great attention in the Senate
for Mr. Gwin has commanding Influence in that body
in all connected with the State he represents
He evidently had considered his subject well and took
his post ion deliberately Although he spoke to the bill
under consideration, which ] have stated above, yet
there mis king the contest he had determined
enter into with the holders Of large incomplete land
claims in California, when they came in contact with
actua settlers and cultvaors OF the SOIL He referred
tie pre- emption bill that he had passed through the
Senate. and which would undoubtedly become law,
giving the right OF presumption every settler
public domain in California. whether surveyed
yeyed-to the hundred and sixty acres he occupied
aud cultivated, or may hereafter occupy and cult
eate. This, he commended gave every settler right
If properly TO the soil lie occupied and cultivated if
the tie to that soil in the United States He then
from numerous decisions to which he referred but did not
read that the title in fee of all the land covered by in
choate ard incomplete claims California. in the U.
states and therefore the granting preemptions to any
portion of the public domain in that State although
nn ease decided under the law Of 1851 the lands
thus covered reserved from pre- empons convey cd
title TO the settlers which they could maintain in the
courts Of the country. II bis law Is right which he did
not read but will publish with his speech his conclusions
irresistible; and II the pre- emption law passes the
House az Representatives as ii passed the Senate every
settler in California is protected BY it against writ Of
ecmen in the land he occupies for 1t is contended
that the great of land claims there perfect titles
Mr Gwn he progressed in his argument. showed great
confidence IN bis position and denounced the specula-
tors in the ,Ieat land claims in unmeasured terms lie
treated the attacks upon him with great and well
he might if be is backed by the settlers in his state He
produced some curious and startling statistics in regard
10 the Mexican population of California and contended
that it incredible TO suppose that such vast quaint
ties of land would have been granted few people
lie replied to by Mr.. Weller, in short speech who
took ground for the large claims and conended that they
should be confirmed even If incomplete to the full
tent OF lard they called for provided the claims
honest in their conception lie approached the subject
cautiously. with the skill OF experienced tactican
and referred to his while in Congress from Ohio
show lie the friend Of the settlers but contend
cd that the government was bound to confirm the in
complete grants in California He expressed his regret
that he compelled to differ with his colleague whose
assduity in advancing the interests of their common
constituents lie acknowledged
Mr. Gwin replied briefly restaed his position. and
pressed his readiness to meet Ibis colleague when he
shoud give his views in full to the Senate He said the
lega rights Of land claimants in California protected
by treaty that incomplete claims only could be led
10y The Board Of Commissioner and the political power
Of this government could confirm the equities Of such
claims in whole in partthat the settlers had equities
that could and would be protected by the
The subject passed but will doubt up again.
In the meantime members Of Congress flooded with
attacks Senator Gwin and his bill and letters from
the settlers claiming the protection Of the government
against these claims The most atrocious frauds
charged upon them. and determination expressed TO
resist them the utmost have been reminded in this
werare OF the warnings given in the EsAp, about
errs ago. Of the charges of fraud against these claims
and the necessity Of Congress proceeding with great
caution in egislating about land matters in California
| am struck with the wisdom Of the precauton.