The daily union., 1852-08-04

amount OF The graat aud locate II upon The public do
main Could be find land rich and valuable unocen.
pied elsewhere in that State am confident lie could
not Would this be substantial compliance with The
terms of the treaty o maintain and protect nin IN The
free enjoyment Of his proletly@ J ,hnk not TO com.
pei him 10 locale lands elsewhere Than ihe place covered
by his grant would, in my judgment De violation OF
our treaty obligations. IL would be peach OF pilshied
faith
sense OF duty. 10 differ with my colleague whose time
and energies have been devoted 10 our State There Is
much very much, The Argument oil y colleague which
receives my cordial assent know the dhculiies under
which we labor in thai county, and II u natural thai
should sometimes be unable 10 see ahse III respect "
the best method OF meeting those dihcuiles But do
wish discuss this subject unless should be pressed
upon The Senate For the present only desire TO put
myself right before our common constituency
Mr. GWlN. wish 10 say word IN reply TO my co: :
league do not 10 go into The legal Argument OF
ihis question again but undertake 10 say that whenever
the time arrives when he gives US his views al length
shall be able to demonstrate the truth OF what have as
serted 10 day. board OF commissioners created by
the law OF the ID March, 1851 according Ia the decis-
ions of the Supreme Court OF the United States, have
no power TO act on perfect CLAIM under the treaty Of
Guadalupe Hidaleo II these perfect claims, the treaty
confirms them. / shall, If have not, establish beyond
controversy that by the decision OF the Supreme Court
such claims my colleague has referred to never have
been adudicaed by board of commissioners, and
he II the commissioners in California decide claims
on the principle that they have jurisdiction OF perfect u
ties, Their action will be reversed by the Supreme Court
The claims they to adudicate are equities. and, being
So Come within the political power OF thus government
This cannot be denied; aud in that view, contend bat
you should regard the equities OF those who b helr
manual labor, have made the land valuable, well as the
equities of large land claimants There are eques on
both sides aud lille willing 10 extend equities 10
the large of land wish also TO provide Tor
hundred thousand citizens who have no lands at all
have stated here and elsewhere that every perfect claim
confirmed independently OF the board OF commissioners
by The treaty, which is the supreme law OF the land but
where there are imperfect claims, say that government
has the power of controlling these equities so TO see
that injustice done TO The equities Of The actual secf
| al nrpfth thuaa
As TO the hardships that will follow the passage OF
this law that is an old story. We have heard the sane,
time and again. from distinguished member of this body.
no longer here, MIR Ben'on] He represented that
the act OF The Sd of March, 1851, which contains The
same principle con,ended for in this bill. would despoil
the people Of California Of their property and drive them
of the country in hopeless despair But IN answer,
then said, and now repeat, the Mexican Inhabitants,
with all these conflicts with their land claims, worth
millions than they before the country was
ed TO the United States andsf they have perfect
titles they will retain their lands; If they have Incom-
plee titles, they must rely on the equity IN their iavor
and not oppose similar equities to those who nave made
the lands valuable by occupation and cultivation.
My colleague says tina, many OF these claims are COW
cred with seerslha the claimants have no land left
know of but one such-iha III Sulsun vaey-and |
believe it is the only But suppose there are such
cases; if the tile is incomplete, why should not the
claimant go elsewhere and get unappopriaed agncultu
raj land than equal value 10 those he Claimed be
fore they were made valuable by the labor OF American
citizens What did Snsun valley produce nnill these
settlers commenced cultivating II And what injury has
the Mexican claimant sustained il his claim Is perfect
He will go to the and get his rights But if he
relies the equity of nchOae claim, he must respect
the equities those who have added enod 10 the value
Of the land by settling and cuyating II.
now the motion to lay the subject upon the
table.
The motion agreed TO-
(To BE CONTINUED