The daily union., 1852-08-04

Mr. GWN, This bin. Mr. President, is one Of
series OF measures which have proposed to settle land
claims ~ California bring the agricultural lands IN that
State into cultivation, and TO secure citizens in the
uninterrupted occupancy Of The gold mines.
MY policy may De cIassed under three heads
The Isl contained ~ the OF The 81 of March, 1851
TO examine and settle land claims in California OF which
the measure now under consideration may be considered
part.
ID Togant donations OF the public lands 10 actual SET
uefs ana cuivalos, with large grants Tor the use OF
schools and
Sd Leave the gold mines undis,urbed by congressional
legislation.
With the exception Of this bill. my views have been
sustained by The Senate with great unanimy 1t is true
my donation measure was changed ino pre- emplon bill,
Tor reasons stated al The time pnder considerations
with the distinct declaration that II the "homestead bili
did not pass, should introduce proposition changing
the pre-. emplions in California into donations. My OBJ
lect was TO give The rights OF property 10 the settlers IN
California with the least possible delay. and the pre-
empon act which passed the Senate has done thai
the most eilectual manner 8
The measure now under consideration is for the benefit
oil anoher class OF settlers and has not met with
the sanction of the Land Committee OF The Senate and
has been subjected to severe aniinadversnn in Caor
MIA, propose to REVIEW my course In this body, show
its consistency and establish its justice every class Of
my constituents The claimants under foreign land titles
the maers, and settlers on the public lands have been
cared for, and the class be protected by this bill
the only citizens OF California who are thus far left with
ont the protecting shield of this government. Their
claims founded on justice and equity, will show,
rights under The pre-empton act which has passed this
body, and will become law, and their rights will be
projected before the Supreme Court OF the United States
They may be forced. by the REJECTION of this measure,
into fierce contest with the claimants under foreign
titles, but their ultimate triumph is certain must
reverse the policy and action OF this government from
lis organization to the present time The actual settler
aud cuva,or Of the soil has been the avorite in our
leg isation since the adoption of the constitution
To them the nation has looked for its power and great
ne ess and 1t has not looked in vain While the policy Of
Dprm
up great monopoes OF the public domain, the policy OF
the United States is and has been, TO grant small tracts
actual settlers and cuvaors, and hence the in
part of the slow progress OF colonization by these gov
ernments as compared to ours.
will now proceed TO the examination of the question
before the Senate
There is no subject, Mr. President, to which my at
tenton has been directed with concern since be-
member of the Senate of the United States than
the condition OF the land titles and claims IN California
The necessity for their speedy adjustment upon fair and
liberal principles too obvious to require comment
and the Senate will bear witness that spared eff
fort, from my entrance into this body to the pas
sage of law general and comprehensive in its pro-
visions tbatt would do justice TO all classes OF titles and
claims in our State,
Had the United States by the treaty OF Guadalupe HI
dago succeeded nation in sovereignty in whose terri
tory and among whose people the machinery oil political
nd social institutions in such full execution that all
the land titles derived from SPAN Mexico had been
consummaed and were ''perfecf' before the Mexican
government had abdcaed, no legislation oi Congress
would have been necessary to adjust and settle
land claims. No higher sanction or guarantee could
be given TO any title OF that description than the
itself, the supreme law Of the land, and
sequeny no act of Congress nor any judicial affirm
could mpa additional strength, vlgor, security
10 any perfect grant, which, the highest evidence
OF title that could exist would be sufficient 10 vlnd-
the owners right of property in any controversy
which might arise before the courts OF The country Had
this been the condition of landed interests when
California became integral part OF the American
Union, the nteposion Of Congress would have been
as it was in respect titles in the of
R,stn ihe a
quen the definite treaty of peace in l7s3 But how
wholly different the titles in California al the period
OF it's cqulson by this government The cause of
this plainly seen the fac, OF the distance and sola
ton OF the territory from the seat OF the vceroyaty oil
New Spain, the Ianguld management OF political affairs.
lhe entire absence OF and revenue, and
quen tardy settlement OF the country
The revolution that terminated the authority OF Old
Spain led to but little improvement IN tins respect The
tai of the republic aud its d.ian, department was irregu-
lar and unfrequent The authorities OF Old Spain,
shown by the first instructions OF the Vceroy Bucaeli in
1873, respecting the distribution oi lands, and The regula
tons sanctioned by royal order IN l7S, established
system, the object of which 10 promote white settle
menis, and, through the fundamentally OF religious mi.
sonares, 10 domestcale and civlze ihe Indians 10
accomplish this object The power delegated and ex-
erclsed OF granting small lots for cultivation and lnhab
tahoo, and this policy, with notifications, was continued
and enlarged by the DEGREES OF the Mexican Congress IN
1884, and the reg uaions OF 1875 for coonzing the terri
torres OF the republic.
Yet the written histories Of California show how slow
was the progress oil population ana settlement, and DOW
limited was the development by actual cultivation OF the
agricultural capacities OF the country; for we find that
in the year 1891 the white population Of Upper Cafor
ns did not exceed 4,5o0 and that of the Indians in the
twenty missions 1900 and the whole grain pro.
duc,ions Of the country IN that year only D200
fanegas,t about il5,500 bushels II appears also,
that there increase OF population IN 1885, and
that in ls42t had increased TO 1000; and IN ls45 10
Is 900, with 1000 domes,icated indians and that al the
close OF the year Is47, beng about year and halt
after the American flag was hoisied at Monterey the
Of ha
was 16. 600 wbess and 900 domesucaled Indians.
When consider The spsrseness OF the population OF
the country at different periods under the Spanish and
Mexican rule and at tha last change OF government it's
meae quantity OF gram productions N consequence of
the very limited extent OF actual cultivation, and that the
OF the granting power for agricultural purposes
OF regulated and restricted TO the and
demands of the people, may really conclude how in
clnsderabe must have been the OF lands held Tor
cultivation in California under the laws Of Span and
Mexico This class OF titles Is beyond the reach Of d
hculty, because there interference with hem and
their validity will be disputed But there class
Of large claims honest in their inception, generally Of
more recent origin, which conceded for pastoral
purposes OF cattle ranges and ,t another class, wholly
Illegal false, and fraudulent in their inception.
We admonished OF this OF affairs Just before
and after the ratification OF the treaty OF Guadalupe Hi
dalgo for hnd in the testimony taken by the Military
~. isss, tSen Rep Com, No rs, LIST 30h Cong }
to which have alluded a previous OCCASION il is
led from credible report that sslhe California author
tiles were granting and selling the missions and the pub
lie domains that IN these lands so
conveyed simply grants, others rewards for
vices rendered 70 the government, and in others for
amounts Of money that had been advanced paid
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