The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-01-21

parties are entitled 10 land warrants. They could not
use these warrants there although they are now seiua
settlers, because they cannot claim privileges oil pre-
empuon. and the law in Ito limitation excludes them
But they the parties 10 whom these warrants were rs
sued and what desire is that these parties who receive
the warrants may be permitted TO locate the warrants
upon the lands they have settled upon,
Another point u.s. that in extending the location OF these
warrants the mineral lands OF California have not been
excluded. and think they should be excluded by this
body Some amendment ough. to be made 10 the bill,
by which its provisions should be prevented from extend
ing 10 the mineral lands OF that country AT present.
there is no guard OF that kind in The bill l hope the
amendment will be agreed 10.
Mr.. UNDERWOOD. really think that there Is no
necessity for this amendment OF my friend from Caior
MIA The original resolution. and prior legislation upon
the subject do not open any portion OF the lands IN Cali
lorna 10 these warrants In any way or shape That
subject which has not yet been opened up IN the lesla
ton OF Congesshs appropriation OF the lands IN Cali
forna-so far as | know.
Mr.. GWIN. They are surveying the lands there now.
They have surveyor general and the lands are open TO
Mr.. UNDERWOOD. That may be- but those lands
in California have not been brought into The @aks. Gy
California have been accomplished Steps have been
taken under the legislation OF Congress 10 have them
surveyed; but none OF these warrants be located
upon lands unless subject TO entry by private individuals
and they canno. be subject TO entry by private ndvdu
ais until they are offered for sale by proclamation Of the
President of the United States That is the effect OF the
law ii stands So far. therefore, the amend
ment relates to the OF these land warrants in securing
the homes OF settlers, made provision for that yester
to therefore, that the amendment OF my friend cannot
have beneficial effect, but have inurous effect
hope, therefore, that il will not be adopted twill be
merely providing for what has already been provided for
as to the using OF land warrants by settlers and il he
intends to enlarge it, 10 let be used in approprat
s before s they have been offered ne ps
be bad policy now to adopt IT, hope therefore, that
upon reflection my friend will see the proprie,y Of not
urging amendment OF that Sort
Mr. GWlN. In reply TO what my friend has stated,
will say that these lands are now being surveyed, and
unless legsate upon the matter during the present
o. &c nd 0l
very same process with regard TO the public lands will be
in operation there ~ exists in the other States Where
the lands surveyed and the individual claim
right OF preempon under the existing laws TO lands
in California, desire that individual who has served
in the war, who is entitled to bounty land warrant and
who is residing upon lands in California shall have the
privilege OF entering with his land warrant the land he
lives upon. That is the whole point in the case not al
ready provided for.
era lands Those lands are being surveyed large
appropriation has been made for thai purpose They will
now be brought speedily into the market; and hence
think this section of the utmost Importance Beorewe
shall have passed another law upon the subject these
lands will be in the market What desire is. that
then an individual holding a bounty land warrant in
his right shall have the privilege, when they shall
be brought into the market OF locating his warrant n
stead OF being forced to sell it TO somebody else who
claim Some number 81 them
have left quantity OF land behind them, which they
have not YET disposed Of This excludes them from the
their warrants. while living upon the public land. there
wish them have the privilege OF locating their war
rants H. u2pS hs Ia1d upon which SSsy reside
this the introduction, upon the spur OF the OCCASION of
very important matter, which has not been deliberaed
upon by the Committee Public Lands 1t strikes me
that it will lead to consequences which not now
prepared TO dispose Of not certain that there any
law granting pre- -empion in California
GMH Ia wses sw III. e,
man OF the Committee Public Lands has been much
more familiar with this subject than | have. was
member OF this committee two years ago, although
have not been upon it since until this session II has
been two years since have paid particular attention to
the subject, and would defer to his superior judgment
and information upon this particular point do not
know that there is any law in force in California with
reference TO granting preemphon there, any law which
states how much land settler in California shall have
Oregon there have been provisions made 10 that
Territory but have recollection now of any specific
legislation embracing the public lands in California.
have doubt whether the public laws in reference
to pre- empon rights passed before the acquisition OF that
Territory, will apply in that case, unless they are
pressly applied by additional act 10 that Territory
Now sir all these matters sprung upon upon the
spur of the moment, as said BEFORE without any op-
por,unity 10 examine whether these ideas right or
wrong. cannot consent to adopt amendment Of this
kind in such hurry without its going before the COM
miitee for their sanction. am not prepared TO do it.
would like 10 hear the views OF the chairman OF the
Committee on Public Lands MIR FrIcHl upon this SUBJ
Mr.. GWIN II the honorable senator from Michigan
will permit me, will state that, At the last session of
Congress- there was amendment 10 OF the appro-
praton bills extending the land laws OF the United States
TO the State OF California, establishing surveyor gene
raj, and making appropriation for the purpose OF
survey OF the public lands in that State The bill that
was reported by the Committee on Public Lands was
deliberately prepared and would have been adopted by
the Senate; but owing 10 the discussions which arose
upon the river and harbor bill, il lost The Senate
thought that should have the advantage OF the land
laws, and that commencement should be made in the
survey OF the public lands in California and so this
amendment was added 10 one of the appropriation bills
and passed and under IT, surveyor general has been
appointed, who is now actively employed in the survey
OF the public lands there The Secretary OF the Interior
has estimated that the large amount of three hundred
Thousand dollars worth oil lands is already surveyed
Here then, y the point established and therefore the
pre-empon law, being included in the general law has
been extended to California well to The other States
II certainly will be. here is the point Mr. President
there are persons there who technically entitled
10 the advantages OF this laval those who hold lands
in the old States, and have disposed OF them and
who have emgraied thither They are settlers upon the
public lands heresoders in the Mexican war many OF
them. They are entitled to the advantage of the
bountyand warrants but they cannot locate one OF their
warrants there. wish them 10 have the privilege il
they are actual settlers there and cuvaiors OF the SOIL
to locate their own warrants upon their own homes
That is the main point
Mr.. FELCH. Mr. President II is pretty manifest that
this provision cannot be adopted and carried out without
breaking 10 upon the entire system hitherto adopted with
regard to the public lands The lands in California are
not yet ~ the markets and although appropriation has
been made Tor the purpose and the surveyor has already
commenced his surveys there, yet is pretty evident that