The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-08-02
CONGRESSIONAL.
SPEECH OF HON. ). w. DENVER,

OF CALIFORNIA, l..
Against the bill to expedite the issuing of patent for com
irmed land claims in California delivered in the House
OF Representatives July 80, 1856
Mr. DENVER said:
Mr. SpEA1kR No bill has ever been presented 10 Com
eress much importance to the State of California in
all its bearings the under consideration That
the people OF that State have been wronged can
deny am willing TO go as far as the gentleman from
done to the claimants under Spanish and Mexican grants
nay, will go further than he goes and say greater
wrong ever imposed by government portion of
her population will 90 further, and say that believe
that the geaera government ought reimburse to those
claimants every dollar they have been compelled to expend
in the prosecution of their claims under the laws of Con-
gress for believe they have just and equitable claim
against the government for that Under the law
Of Congress they forced into he courts and just
guardian OF the interests of her citizens she is bound to
But while willing TO 90 thus far, am also bound
to say that still greater wrongs may be done than those
already inflicted In considering question of SO much
importance 1t becomes our duty 10 examine it with refer
the interests OF the whole population and not in
regard to that of portion only. Under the laws Of Com
gross and the decisions Of the Supreme Court of the Uni
ted States other interests have sprung up and il becomes
necessary to examine them before final action should be
had grave subject 't...-
Under the decisions OF the Supreme Court all lands
were declared to be public lands until the private land
claims definitely marked out by mees and bounds
as enable all persons to ascertain their exact limits The
pre-empton laws passed by Congress give to settlers
the public lands vested interest in the same and it be-
comes question of vast importance to ascertain how far
the two interests will conflict All the rights to lands in
the State OF California presumed to pass through and
be derived from the general government The pre-emp
toncrs claim vested right to lands which, under the de-
csons Of the Supreme Court formally made would have
been declared part Of the public domain The claimants
under Spanish and Mexican grants derive title through the
United States under grants made by another government
and secured to them by the treaty OF Guadalupe Hdago
But before proceeding further in this view OF the subject
propose take tho bill under consideration and
to examine it with reference to its provisions and the effect
which believe it will produce.
txvil ha aoaan nv ref tn hat
grant patents for all land claims which have been
rmed by the board of commissioner by the United
States district court by the Supreme Court of the Uni
ted States rior to The first Of January 1885," wherein the
quantity of lands confirmed shall not equal exceed
eleven square leagues Now, sir this limitation to
time is amendment proposed by the Committee the
Judicisry have doubt that those gentlemen give
good reason for it. will therefore call the gentle
man from Kentucky, Mr., II MARsnALIr] who seems to
have taken charge Of this BILL for the that induced
them to insert such an amendment The gentleman does
not answer"
Mr. II. MARSHALL. The consideration that operated
on the mind of the committee in reporting this amendment
was this thought the gentleman from California was
cognizant OF the facts was myself II was assert
ed while the bill was pending before the committee
ii asserted by eminent citizen of Califor2a-that
thero suspicion in the country that the Lman tour
claim not founded in honesty that the claim
tended so far as to embrace portion OF land dedicated to
fertilization of the United States, land already
pied by the United States that in fact it not prop
er claim The committee introduced the limitation to
time expressly off this claim We did know Of
''N~
heard Of none.
Mr. DENVER. That is just what supposed. There is
conflict between certain claims wherein the Pueblo lands
of the city OF San Francisco involved The lands be-
longing the city of San Francisco the Of
the Pueblo, town of Yerba Buena covered 10
tain extent by the Santilan Bolton and Barron claim
and again. these claims covered in part by the
Limanour claim. The Bolton and Barron claim
fred by the commissioners prior TO the first day Of jan
uary last Before time the commissioners had indi
Gated what their decision would be in reference 10 the city
claim; but the decree not entered In the until
after that date The Lmantour claim was not decided By
the until after the first day of January last
Thus II will be that he passage Of the bill un-
der consideration will operate TO cause the issuing OF
patent for the Bolton and Barron claim to the exclusion
of the CITY, and TO the exclusion Of all other claimants
Now sir no interested in the matter has had
doubt OF the fraudulent character Of the Lmanour claim
The papers in that claim are full and Sompe,eas COM
pee perhaps those Of any other claim that has been
presented Nevertheless information has been obtained
which leaves doubt of the fraud and the government
has already sent an agent TO the city Of heseo TO procure
the evidence Charges OF the character have been
made against the Bolton and Barron claim.
In this connection will read extract from letter
received sae as' % ma ~ oos % o. Gut r sp a so
Congress Of the United States be guilty OF passing
dseputable measure he goes on to say aludng TO the
Limantour and Bolton and Barron claims;
"That beth are absolute frauds you need doubt
or question. As TO the mantour letters sent TO Wash
ingon last mail showing that we can now grose .a gn
sdepbia Land Association Claim, have testimony to
prove It had existence in the fall OF s49 Other calms
In the country are probably as Dad
All the legislation OF Congress this subject has been
wrong II has opened the door TO all sorts OF frauds and
the bill now under consideration would iasten those frauds
on the country forever viii venture 20 say that no man
holding genuine claim TO land under Spanish or Mex
can grant would ask for any such monsross egisa
ton IL he has confidence in his csim he will have
hesitation In submitting IL to the tests OF the courts But
the gentleman from Kentucky mr. IT. MARSHALL does not
appear 10 be willing submit to such course He says
In substance that the board OF commissioners le
gal tribunal and which the claimants were not bound
10 recognise Now, however he proposes by legislative
OF Congress to egaze the acts of that very H
bunnl
In order TO ascertain far possible everything In
oouneron with this question, addressed letter OF in
qury 20 Hon Pacihcus Ord United States district aor
ney for the southern district Of California The following
is bis reply:
wAsHsoTos, July >, 1885,
received your note last evening. in which you re-
quest inform you whether while Ia the dischafge o
my official duties United Sntes district attorney for the
southern district Of California land claims which had
been confirmed by the board Of Cafornis land commission
sterw ards appeal TO the United states os,c
court detected raudulent7 And also whether in my
opinion II would be proper confirm indiscrminstely all
which been decided by the commissioners IN favor
OF the claimants prior the lst day Of January last with
the reasons for my conclusions
am OF opinion that II would not be proper 10 confirm
6n,v and indscrimnaey oU the decisions of the late
board of land commissioners IN favor Of the claimants MY
this opinion that some two or three grants OF
land the southern district which have been confirmed by
the discovered Afterwards, while Pena
Inc on appea In the United states district court 10 have
been materially altered In where the commission
confirmed the claimant the decree was re
yesed by the district court and the claim confirmed to bat
isagssthst being the quantity ofand actually gsneo
Tho fraud by the alteration Of the word fo TO ss square
leagues detection, admitted by the counsel Tor the
claimant another case, pending the words owe F7aar