The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-04-24
REMARKS OF Hos. wm. M. awIs.
OF CALIFORNIA,

20, 1852
Mr.. GWIN. Pursuant TO previous notice. ask leave
approved March g. 1885, 10 aIian and settle the pr
vate land claims in the State OF California, follows:
bill supple mental 10 the approved ID March, 1851.
ITO ascertain and iete the private land claims in tho
BE enacted &c, That shall and may be lawful Tor
and m M Mess % a
have been or may be presented e take cognizance
hab,ation and cultivation before the passage Of the
sad OF 3d March. 1851 which may be presented TO
them for lands falling wilhn The limits Of such Spanish
Mexican claims aud where shall satisfactorily appear to
the said commissioners that such nhabiation and settle
period s,a,ed and continued Ia good ai, pp % the pas.
s aaa as shall and ay am as o nsm
ana ior aquanuiy IN the smallest legal subdivision that
That such qnanty shall exceed eighty and for
any such nhabitauon and settlement claim which may
shall issue confirmation !; and the Spanish
or Mexican claman their legal representatives. In the
tied 70 certificate Of new location Tor the area OF such In
tererng which certificate shall be located
on any lands in California that The time OF location may
SEC 2 4nd be ID TvtIer enacted, That the aforesaid
Board Of sioners rendition their decision.
on the Spanish Mexican claims shall take special notice
donation, which they may confirm under the provisions Of
this act on the grounds q actual nhabia,ion and cuya
spec the same ia any final DEGREES OF continuation they
4 render #s g@ 4.F
SEC s. Ind be il further enacted, That for all such in
hab'anon and settle claims which may be confirmed
Gates particularly descriptive OF such claims and shall re-
lan such certificates wih ceItiued abstract OF the same
70 the surveyor general with duplicate abstract TO the
sEo. 4 And bs ifJulher enacted, That when such
duly surveyed patents therefor shall be issued upon the
return the General Land Office OF the Uned States of
the certificates oil continuation accom- panied by duly APP
proved plats OF survey.
Leave granted, and the bill was introduced and
Mr. GWlN. Mr.. President, ask the unanimous con-
sent OF the Senate that this bill may have second
reading, with view 10 reference. In making this mo-
tion propose lis object, and the reasons which
induce me 10 urge that it may be speedily maured into
| law. III sssls
1t is known that under the governments which pre-
ceded the United States IN sovereignty in California,
number OF large claims had their origin, in virtue OF
which extensive bodies OF lands claimed private
Propery and ,a, before aud since the change Of gov
eminent, and a, the passage OF the act of Sd March,
1851, there were titles OF this class in which there was
50 much uncertainty as TO what was their limits or posi-
uon that II was often impossible Tor settlers, IN locating
themselves, 10 know whether they were on lhe public
lands upon what might be claimed under Spanish or
Mexican title. The consequences is that settlers inno
cent OF any lnenton 10 enoach upon the claims OF
Others have gone to work and reduced into possession
small parcels of land and made valuable improvements
within what II now appears is claimed as The property
OF Others under titles derived iIom the former govern.
ments In doing this, they have impaired such additional
value to the adjacent property as IN the ordinary ansac-
tons oi life, be regarded in equivalent for the
small parcels they occupy But am not willing, even
der this view OF the that the owners or bona de for
egn titles shall lose a single OF their lands. The OBJ
Iect have in contemplation 10 to do justice both to the
settler aud 10 the claimant under Spanish or Mexican
titles wish 10 the bona fde settler in the soil
covered by his actual improvements, according 10 the
most minute legal subdivisions OF the public lands that
will embrace his residence and those improvements, and
at the same lime indemnify the Spanish Mexican
claimant by giving him other lands the property OF
this government. think know enough OF the justice
aud bealy OF the people OF our country TO satisfy me
that measure ike lhis could not fail to be acceptable
TO them. | cannot believe that there is an extensive
landholder or claimant in the State OF California that
would be willing. had he the power TO dispossess and
q he pc u
which be has established himself and leave him and his
family homeless and without a remedy.
propose, then, 10 quiet this class OF rights and TO in
demnliy the parties claiming under written titles and find
that am not only fortified IN this measure by what
seems 10 me obvious act OF justice under the crcum
stances, but by the policy OF Congress in analogous
cases The whole legislaon general and special OF the
country indicates the tender and constant regard which
has ever been extended towards settlers aud the liberal
provision which Congress has felt be their due Hence,
from the acquisition OF Louisiana and Florida up TO the
present session OF Congress, we lind our statute books
full OF laws Tor the security OF setiemenrtgh. IL
my anxious desire, and made effort, TO have pn-
cple inserted in the OF March g. 1884, kindred TO that
of bs ea'1Y ~ Sa, - suS ~. .a
prehenson that The enactment OF might be endangered
ior want OF time, IL insisted this amendment then
induced me TO defer the subject for suitable oppor
tuny knowing that my object could be effected in sup
elemental bill The time arrived when 1t is neces
sary and OF the highest Importance to our people that this
# Ia plain and explicit in lis provisions which are few
and simple The board have the power finally to confirm
tDese ceTtHCatc OF connr-
nation. This is tue mode prescribed in the fourth
ton OF the act OF Congress, approved March ,, 1907 en-.
titled IAN act respecting claims 10 land in the Terrific
res OF Orleans and Louisiana" by which the commits
soners appointed for the purpose OF ascerang the rights
OF persons claiming land in those Territories had iu
power 10 decide" according to the laws usages, &c
and for tract not exceeding league square; which
decision that law declares when in favor OF the claim
ant shall be final against the United States any act OF
Congress TO the contrary nowlth Standing and the fifth
section OF that act provides for the granting 10 party oil
"a certificate confirmation esrftaie) stating the circum-
stances OF the and that he entitled TO patent
Tor tract OF land therein descibed" and then, pro-
posed the present BILL makes provision for the survey
and the subsequent issuing OF the patent But
now 10 consider the policy OF Congress- and the
for H. in dealing with titles analogous TO these In our
early legislation laws passed for ascertaning and
adjusting titles and claims IN the ormer province OF Lou
sana and the sixth section OF the act OF March O. 1911.
expressly nterdeed the Offering for sale OF any tract OF
land 10 which claim had been duly filed according TO
law Tor The purpose OF investigation, until the hnal action
OF Congress thereon Notwithstanding this, IN the pro-
gress and rapid growth OF the country, many oil these
CLAIMS, which were Indefinite in extent or ms or am
cult OF Identification, were settled upon by our citizens
Sales OF portions of them made by the ofces OF
! the government, settlement claims were confirmed by
Congress az donations, and school sections allotted
a Congress- however, in forbiddng the sale Of lands
covered by foreign titles reserved the right do what
should seem TO itself agreeable equity and
4 full and hnal sutyey o the whole subject" ssaa u
profound iarisl OF this country, Mr. Legare late At
torney General the United States has placed rela
tion 10 this subject in striking point OF view.
w has q ha. IA he