The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-07-08
{ CONGRESSIONAL.
SPEECH OF HON. IL. MARSHALL,
OF KENTUCKY,


.... OF KENTUCKY, ~
On the subject Of land claims in California delivered in
il the House OF Representatives May 26 1856.
The House having suspended the rules to allow the Com
mittee on the Judiciary to report bill TO expedite the is
suing Of patents i1 confirmed land claims In California
with certain amendments, 2 E.E E0HH1 81
\ Mr., H. MARSHALL said; ra
Mr. SPEAKK4i The bill before the House Is one Of great
mporaIce II Hearty affects the prosperity Of CALIFORNIA;
II presents no question for the political psrsen but is yet
political in the extended and true sense of that term be-
cause relates to the business OF Satets landed in
teresahd contains in few brief provisions law TO
gye quiet and SECURITY to property and to execute an OBJ
i The Committee the Judiciary have instructed 10
report by way q amendment proposition to strike out
words which csnrm to be decided by the board Of
land commissioners ana to insert pror the lst Of Jan
nary 1s66So as to limit the effect of this bill 10 those
causes WHICH were confirmed prior to that date. must
say to the House that had pursued my judgment
should not have limited the operation Of the bill to past
cases but should have embraced all that have been
confirmed, that ny be confirmed hereafter have felt
however that the committee probably have acted more
prudenty In accepting the suggestions of the gentleman
who directly in charge of the thesure and Of persons
! who intimately acquainted with the obstacles that
might be thrown in the way Of the of bill by
attempting to enlarge the scope Of this beyond the propo
spns nov submitted BY the committee.
This bill pr6poses srhply 70 terminate litigation be-
tween the United States and the holders Of Spanish
Mexican land grants Whenever the board of land claims
shall have decided IN favor of confirming the claims If
then that confirmation of the claim shall follow the
decrte bf that court III favor Of the claimant and Of
any that may have been taken to the Supreme Court
of the United States In each Of the stages Of the litigation
admissible under the existing law, this bill sezes the
ment Of the confirmation OF the grant by the tribunal to
withdraw the United States from further litigation and to
direct the patent issue to the holder of the claim But
the bill only whdraws the United States from the liliga-
tom for the last section expressly provides that when the
patent shall have issued it viii not be conclusive of the
rights equities Of third parties. These can then be
4 conducted in the courts by those parties
| When made the treaty of Guadalupe Hidalgo, by
which tho sovereignty over California was transferred
from Mexico to the United Stas provision inserted
in that instrument expressly securing the right OF persons
and property to those who then held under the preexis
ing sovereign Such would have been the without
treaty for the rights OF private property are not con-
iscated by the rules Of modern civilized warfare But
these rights secured by the treaty referred to- and the
United States cannot conscae them if inclined to do
so They enforcble in a court Of Justice and will be
enforced by the Supreme Court Of the United States when
that tribunal shall be appealed by the claimants
After the date of the treaty and after the date of the ad
mission Of California State, this government enter
tanning the desire segregate the public domain from the
private of individuals and in doing
the treaty of Hdago established board of land commits
soners receive and hear claims where the
founded grants made by Mexico Spain prior to the
occupation Of California in the of the United States
This board declared by the Congress which establish
ed it, TO be only instrumentay TO facilitate the sepa-
ration of the public domain from private real estate aud
the examples OF public action in the instances Of Louis
and Ficvdo cited Pru,r ie advantage
tribunal would bring the holder of such claims
embraced by the treaty. Assurances given in the
Senate o, tls United States by great many senators
not less believe than fifteen sixtecnthat de-
sire entertained hnrass this class Of claimants by
proraced litigation but the contrary, to facilitate the
acquisition by them of patent from the United States
which would clearly ascertain the boundary Of their claim
and at the time would show exactly how
much Of public domain there in the State OF Cali
fornia The venerable senator from Missouri Mr Bcnton
opposed that measure monstrous oppression the
holders Of these claims and predicted that the which
the tribunal would be perverted would be such ieop
ard and probably TO annha,e the Spanish and Mexican
grants by involving their holders in vexaous expensive
and nerminable litigation. His predictions have seen
verified
The first point that presents itself to our consideration
upon review OF the legislation Of this government Is this
The rights whether perfect nchoate Of the holders of
Mexican and Spanish grants in California protected
therein by The treaty Of Guadalupe HdalgO and every
tempt by this government to compel them bring these
caims before board Of land commissioners within linn
tied time, failure TO do to declare them forfeited
and the lands they embrace to be public lands ia in
fraction OF the treatya violation OF their rights which
have vested under the treaty; and have doubt this
will be the decision Of the Supreme Court Of the United
States whenever the point is made But Mr. Speaker, it
becomes us to ccur TO the motives that actused Congress
according TO the declaration of and representa-
tyes made at the time when the board OF land commits
sioners in California established and to examine, now,
how far the actual experiment with that tribunal has de-
parted from the intentions Of those who erected IL
aver, sir that instead Of aordng facilities for
ring their rights ascerained by tse treaty Il has sub
cted the holders Of Spanish and Mexican grants i-
CATION which unparalleled In the history Of udcaures
aud which subjects them to expenses delays and ankle
ties compared with which the absolute abandonment OF
their rights in the beginning would have been TO them
positive blessing.
The board Of land commissioners was By law invested
with jurisdiction to hear and determine the validity Of
every grant founded the Of Spain Mexico the
preexsting soveregns OF California To give efficacy
this law Congress required that every in California
who held right founded In grant from Spain MeI-
leo should pifin years exhibit IL before this commits
sion, and with II perfect chain Of title showing his
neron with the from which the right pupor
ed 20 emanate No matter how good the title-no matter
how long and continuous had been the possessioneven
though II had existed for generatopsbe holder OF such
claim tasted the first fruits of the change OF govern
men which had been effected by the treaty in this equi-
sition upon him TO exhibit the title TO his estate and Dat
within limited time, and 10 make with that exhibit
perfect dsaignment Of the title showing by depostions
or otherwise the performance of all the conditions upon
which the grant originally rested Was there before
so hard rule established with amiable oountenance
as the United States wore In this trnnsaction2 William
the Norman forfeited the estates Of England and divided
them among his followers without apology the
pushed The United States when treating for peace sol
emBy covensned with Mexico TO protect private property
in the hands of the conquered but after the peace under
pecous plea for the ascerainment OF the public
domain which not covered by private claims es,ab
fishes the shortest limitation against claimants compes
every produce his title aud 10 back his chain
to connect with the preesistng government matter
how good perfect bis title might be- and shall
presently show arranges system OF litigation to be
ant before the theory Of which the souest heart NIGH
quail and before the practice under which he viii be
fortunate who in single generation escapes from
the portals of the courts and executive Office. Of this gov
enment in good condition as he prior to tho tea
~ Of Hidalgo.
The law provided for the appointment Of av-sgent
represent the interests Of United States before the board
OF land commissioners Subsequently, provided for th