The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-07-17
CONGRESSIONAL.
DEFERRED DEB ATE.
WEDNESDAY, JULY IA, 1852.
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IN committee OF the whole, 10 consider tB6sbi 10
provide for The survey OF the public lands in California
and the granting ol donation privileges and for other
purposes.
The Committee on Public Lands reported an amend.
ment 10 the bl, which was 10 strike all OF the orgi
nal bill alter the enactng clause and insert new one.
MIR GWlN. Mr.. President. propose, as gave no.
ee Yesterday, to OTTER substitute for The whole bill /
will proceed very briefly give the reasons which have
induced me to offer tue substitute am in favor OF the
bill as reported by the Committee Public Lands, but
have been informed that there is great doubt whether
the bill can pass the other House in the form in
which II has been reported have, therefore, in order
to secura legislation with regard to the public domain in
California, proposed this substitute IL does away with
the donation system provided Tor in the original BILL and
substitutes in lis place the pre.empiion system.
ts now four years since California. BY the treaty OF
Guadalupe Hda]go. was recognised as integral part
OF the American territory, and nearly two years since
she was admitted as sovereign State into the Union ;
but the machinery OF the land system has yet been
put into full operation in Stale One of the cond
ons OF the ACT OF Congress OF the 9th Of September
$780, for her admission is That the people OF said STATE
through the legislature otherwise, shall never inter-
fee with the primary disposal OF the public lands within
lis limits and shall pass law and do act whereby
the ttle.ol lhe United States TO and right to dispose OF
the same shall be impaired questioned" the consu-
ton having delegated 10 Congress The power dispose
of and make all neediu rules aud regulations respecting
the territory or other property belonging TO the United
States" This Constitutional delegation OF power and
the law for the admission OF State plainly point
the duty Of Congress in this matter and the settled policy
OF the nation, fixed by long series OF legislative acts
to all The other territory OF the United States, and
grown into established system require that the public
california sDall open 10 without de-
lay, which the suffering interests of people i'm
perOusly demand.
Soon after California was represented in Congress
bill 10 effect this object introduced, among other
measures affecting landed interest and although
constantly pressed and streDuousy urged the last
sion. owing 10 exciting and extraordinary of pub
lie nolorety, the only step towards the the
introduction oil an item into the gene al appropriation
OF 81 March, 1851. providing for the surveys of
public lands and private claims, and compensation, lin.
lied 10 two years, Tor Surveyor general. The egsa-
ton which have heretofore proposed and advocated
contemplated the granting Of donations 10 actual settlers
upon liberal principles. Since them the "homestead'
bill, being in some respects kindred measure and Of
general Character has passed the other House, and is
now before ibe Senate. In consideration of this fact,
objections have been advanced against making special
provisions for donations in the California land bill,
creating well founded 4ppTehensons that lis passage
may be leoparded deferred or defeated if thus meas,
am willing, therefore, 10 waive the principle for
the present, being moved to do by conviction OF
the necessity for such speedy legislation will secure
10 people the early benefits OF the land system by
survey public saie and especially by pre-empo1 sys.
TEN that viii make Their rights attach from the in
slant OF the passage o the law agricultural lands,
whether surveyed or unsuryeyed. Introduce
substitute Tor the original bill, which ask the mme-
diaie action OF the Senate, and TO which think
eonahle exception be taken. IL permanent
y the office OF surveyor general for California fixes
his salary; provides for inciden,als; for official
seal by which 10 Authenticate papers; gives him the
power in regard surveys in California as the surveyor
general oil the State OF Louisiana has in that State
aalhonzes him. IN executing surveys, TO act in cases
OF conflicting boundaries, but not to preclude legal
investigation and decision by the proper tribunals; slip
ulaies a maximum price Tor the survey OF private
claims and public lands gives power TO the head of the
department, IT he deems proper, to direct the surveys
according 10 the geodetlc method depart from the
rectangular system where The public interests may
qnire 1t authorizes the President, with the advice and
consent OF the Senate, appoint register and receiver
with the usual powers likes their salary; directs the To-
cation OF the land office at convenient place, with power
10 remove IT, and to create two three land districts 10
California, and appoint officers; lays open all the agr
cultural unreserved public lands in California, whether
surveyed or unsurveyed 10 empon, according the
ac oi 4lh September, ls4l, removing the restriction in
that ACT as TO the extent OF possessions OF claimant or
IN regard to abandonment OF his residence 10 on
public lands; grants the sixteenth and lhy-sxh
tons 10 the State for school purposes; directs all unsod
public lands 10 be proclaimed and offered, and thereafter
makes them subject TO private sale at 81 25 per acre
orbds the register and eceyer from taking iees except
Tor deciding pre- empons, but allows receiver actual ex
penses Tor making deposites
The bill which have prepared as a substitute further
provides, that where there shall be house erected and
cultivation the school sections, tie Stale authorities
shall take an equivalent IN other lands forbds settle
nent on tract selected for military post within
mile OF such post declares that certain town or village
sites shall not be subject to entry by settlers under ts
act bu shall be subject to the ACT OF 23l May 1874, for
the relief oil the citizens OF towns upon the lands OF the
United States under cerian circumstances" except such
towns mineral lands 10 which the act gives the
inhabitants right of occupancy and cultivation, until
Congress shall dispose OF the same coners authority for
paying Tor snryrys BY the day, nseal Of The mile, when
necessary orders that officers may hold after their
commissions have expired until their enter on
duty; directs The surveyor general, when compatible
with other dues TO inspect the surveying operations
the field to iha, the work is faithfully DONE 70
depue an agen for The purpose authorizes seal 10 be
provided Tor TIE surveyor general Of Oregon and fixes
his salary and grants 10 California two entire townships
toI seminary OF learning; provides TO the OF
selection and gran's n the State ten sections oil land Tor
the purpose OF efccilng pubc buildings.
Such Is outline of its proyisioDsall OF which have
been, time aud again, sanctioned by legislative
TO other States, ard founded upon precedents well
established 10 be dispuedprecedenis too that au-
hurize and ALLOW far lbetal roey osvarda our
State especially in reference 10 donobops and IN regard
to which now give notice that, unless provided Tor in
general law shall hereafter insist upon by introdu-
cling measure To convert The Prescriptions under this
act iuo donations by dispensing with any payment
the and
Seven months of the present session have elapsed
Fastening the close 81 The st session OF the ThT
second Congress- and call upon the Senate for
speedy passage OF this bill ndspen sable and OF such
vital importance the present and future welfare OF my
constituents
now move to strike out all after the euactng clause,
and TO insert the following
That the surveyor general for the district State OF
Catonii who now may hereafter be, appointed by
the President by and with the advice and Of the
10 view Of the pubic convenience shall from tim. to tine
u,reo' and the surveyor general II he has not already
zone 90 and his ttce, before entering
uuv sha takc ard subtcribe oath Affirmation bc-
e 1nese OF United States court, or other eompetent
oncr 70 support the constitution Of the United Sstws, and
nuy discharge tha duties Of hls office and give BOND
mtne same amount othsc surveyors general, The pen
ANY hsso 70 be Increased whenever the Secretary OF The
INFERIOR shah deem proper lie shall be eatted To re-
ceiVs asty ~ tue Of El5e0 annuu, payable