The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-05-30

unsatisfactory character, ana SO far from being OF any
benefit may misead and do serious injustice 10 private
sity for the modification OF my amendment IL 10 On IN
lorlant matter II the amendment Itself be adopted.
believe that serious consequences 70 individuals wil
grow out OF IT. and ask the yeas and nays upon II.
The yeas and nays were ordered.
Mr.. UNDERWOOD The Committee on Public Lands
have reported bill providing for surveying the lands in
California and in thai bill provision i 70 be made Tor
surveying the private claims and trying distinguish
them nom the lands which The government own. Other
provisions contemplated by which the lands owned
by individuals shall be Disseminated and distinguished
from the lands which vacant and unapproprlaied
Every gentleman will therefore perceive at once that
becomes matter OF considerable consequence To ascer
tain what claims in California really belonged 10 private
individuals, and what claims do not-what claims are
good, and what are invalid
him moment That Information cannot be obtained at
Mexico at ALL The manner in which titles in Mexico
are issued is this party comes forward with petition
Sides asking for grant OF land copy Of the petition
is sent 10 the government and il ts prayer is granted
then II is returned, and becomes part Of the archives Of
The government and is part OF The evidence Of the
validity Of the grant II il is necessary 10 prove claim
all the party has to do is 10 get copy OF this original Pc
titoD, with the action OF the dylndDen0 lhis Is 70
be found in California and none Of the information is To
be found n the city Of Mexico.
Mr.. WELLER. If The honorable senator from Ken.
lucky [Mr. URDERwOOD1 will allow me moment, will
say that the gentleman from Texas Mr. RUsKl evidently
abors under misapprehension California was one OF
the departments OF the Mexican republic and these grants
Of California with the concurrence OF the departmental
assembly In order 70 make the grant valid It was only
necessary for the petitioner TO file his application TO the
governor, who issued the grant which the depart
mental assembly contirmed this gave good title. With
all that the supreme government had nothing al all to do
But there were grants made BY the supreme government
the city Of Mexico, at which place the evidences Of
those grants TO be found and not to be found in
California, as the senator from Texas lNr RusK1 seems
suppose There many grants very extensive and
very old, directly from the government OF the depart
Inent. with the concurrence OF the departmental assem-
bly, But there are also mineral grants, quicksilver and
other mines, in that State that were made directly from
the supreme government, and the only evidence Of their
existence is % be found al the city Of Mexico
Mr.. UNDERWOOD have no doubt that the sena
tor from Texas Mr. RUsKl is much more familiar with
this subject than ! am, because his residence and bis
connection with the Mexican government have made him
familiar with all these matters But recolect per-
iecy well that, about the time were ratifying the
treaty of Guadalupe Hdalgo, the grants 10 missions aud
10 particular individuals by the supreme government OF
10 those who were to settle colonies were very much
mooted here; and apprehend from the remarks made
by the, senator from California Mr. WELLER.l that
the evidence in reference to all OF these is 10 be
found at the city Of Mexico alone. Now, 10 advert TO
the difficulties under which we viii be placed: would
call the attention OF The Senate 70 the initiative leglsla
tion by the reports OF the committee upon this subject
You will perceive at once that when our officers in Cali
foIna begin to act upon the subject Of distinguishing the
public lands from the private claims, all the individual in
ieest which can be brought to bear will lead the claim
ants to exhibit to these officers all The lands which can
be claimed as individual property You will have pr
one who is an Individual claimant to exhibit that claim
TO have it allowed and sanctioned by the surveyor
cever, and register Who is 10 act for the government
10 the consideration Of the Senate You will have ind
ydual interest, have already remarked. stimulating
every Individual claimant to bring forward all the doc
uments in support OF bis claim Now, who ia 10
represent the government in these large interests which
will be involved in California
L therefore to me, that there be any evidence
10 be found at the city Of Mexico which will throw light
upon this subject, 1t is well worth the while make the
effort 10 obtain it. II we get none, of harm
will Be done-no injury will be done to ANYBODY You
able the commissioner sent out there TO place information
in the hands Of the officers OF the government which will
IL is for that that think it would not be 10
look into the private memorials OF claimants which may
be found in Mexico. II may be suggested that even il
we obtain them, they viii not constitute evidence. Well
SIR il il should not II ii should require additional proof
10 make evidence upon the ground that foreign laws
are facts 10 be proved in Judicial proceedings like other
facts; s you obtain knowledge where certain facts
be ascerained and where you may look for evidence 10
subsaniaie these facts think there is great deal in
The idea suggested BY the senator from California, Mr.
WELLER that you do nothing more than TO fnd out
that there facts, may have tendency 10 prevent
the fabrication OF documents upon which plausible claims
may be raised hereafter i therefore seems 10 me that
connecting all these suggestions together, this expenditure
oil $4,000 may result IN the obtaining oil something
valuable II il does not little no harm will be done
MT. huNTEg THIS amendment was reported By The
Committee on Finance, upon recommendation OF Judge
Ca,ron, OF the Supreme Court, and Mr. Crttenden the
Attorney General OF the United States. The letter OF
Judge Cairon is as follows:
WASHINGTON April 7. 1852.
SIR' On yesterday was shown document signed by
the and OF the representatives from the
State ofCalatnis asking your opinion as 70 what Amount
OF money would be necessary send agent Mexico
tor tho purpose OF collecting the laws applicable TO land
claims the OF investigation by the board OF
commissioners In California and likely to be presented I'm
prr) the Supreme Court Of the United States
with Attorney General Crterens -iatomeni endorsed
referred that tho compilation OF laws proposed
not only Necessary hui pdlspeusable In my opinion
proper understanding OF The laws according which the
claims originated The Iib section OF act OF Mach q
1851 imposes duty In terms, upon the district and SUI
preme Courts to adudge tho claims according To the laws
usaaes. and cusonfs OF the from which each
respective claim derived. This doty Congress
aud !, be performed But Il Is impossible do
less the laws known to the judges, according which
they commanded TO decide. These law, foreign
TO country previous to the treaty Of Gnsdsupe ldago
Since that treaty much pal laws a. those
administer them. without proof Of their existence or i'm
port. therefore bope the WILL
he furnished with collection OF these laws and true
translation OF them As 20 the OF expense IL IL
mere tribe compared with the enormous amount In dis
pute. JOHN CATRON.
: To the Hon. A. N. II. STUART.
Secretary OF the Interior.
Here ia also the letter OF MIR. Cnenden Acting Sec.
retary OF the Interior;
DEPARTMENT INTERIOR,
Washington, April 7, 1864
S have the honor to request st an appropriation Of
$1,000 may be made by the deficiency bin now pending
before the Senate, enaLe the department. send
eli of Mexico q collect OF