The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-07-08

I
lawyers know full we'll does not bar the claimant from the
assertion OF his claim ia court Of the United States or OF
tho State q caoTna and an appeal 'hsrSe 70 the sa
before board of shrewd lawyers az Washington city what
field for speculation in California land claims Why
sir with very little labor every claim be located upon
map Of California; the peculiar advantages OF the loca
y ascertaned with regard TO contemplated improvements
mines minerals towns &c and SO the homes OF Caor-
mia could be made the subjects aud objects for
and for speculation at this city in this section Am
to be told that nothing of this sort TO be aprhendcd
while the records IN the Office OF the Attorney Genera2
Sir am neophyte In Washington Very little indeed,
may Attorney General know about the matter person.
ally yet intense may be the study Of those records by 9th
crs and extensive the combinations formed upon that
study for the purpose of private and professional speeu
Iaton.
am unwilling, Mr.. Speaker to continue this requsi
ton upon the people Of California day Longer AZ best
II oppressive and 1t gves power that may be turned
into engine Of cruelty and form the basis OF the most
ruthless upon California that has been ever witnessed
With such power this in his hands ambitious and
vicious officer might through such instrumenaty
political Influence California which every patriot
should deprecate do not intimate that the present At
torney General would use this power but sir have no
idea of putting such temptation before any man. and above
all do not wish for the law officer OF the government
to have the ability to hold in his own mere discretion he
opening and closing of courts Of justice upon just such
classes or individuals as may suit his fancy.
There is another class of claimants in California
whose interests are always anagouistc the holders of
Spanish and Mexican clams-i mean the sqadter interest
Emgrans to California have rushed thher from all parts
OF the earth, attracted by her vast mineral wealth These
people nave the pOWsnare around which
they occupy and desire to preenpt under the laws OF the
United States. These pre-empon claimants cover the
Mexican and Spanish grants In vain does the holder oil
the Mexican Spanish claim recur TO the treaty securing
his claim The occupant knows he has patent Tor the
land and cannot maintain eectmen TO ous his posses
sion there he remains defyng the owner OF the land
and determined TO and occupy until the right OF the
other shall be established by the almost intermnabe t
cation with this government TO the course OF which havc
already adverted When fifty hundred of these squat
get upon claim they combine naturally TO protract
tho controversy between the United States and the holder
Of the claim by every nsrumentaity they can control
Limitation laws will be passed through the State legsla-
ture-occupant laws such in my State were for
mery resorted for the purpose of protecting the settler
against foreign nonresident holders OF land claims
remedies will be crippled aud rendered inecacious and
finally the very arch spirit OF litigation will be oo5ed IN
California upon which lawyers clerks and sheris may
prosper but which the best interests Of society mourn
and Justice will suffer.
The House will perceive without any extended remarks
upon the point by me- how the course of settlement in
California and the conflict which arises between these
classes OF claimants operate upon the prosperity OF
the State by establishing the basis for an nterminable ti
cation between different bodies of her people To one OF
these parties the United states bound by treaty stpn-
laons TO afford security their Just claims and TO pro-
them in their property TO the other they are hound
only TO afford protection to rights justly and properly ac-
quired AS time rolls these classes will become more
antagonstc to each other unless something Is now dc
ysed by Congress which shall nip the bud the tendency
TO litigation Men will grow gray IN these n sonuo-
veraics; families will become embitlered aud hosue
itigants will sink into their graves bequeathng only
lawsuits to Their cnridren and perhaps, this oaami.
generations. You could not, in my opinion, infict
a direr upon both classes than TO leave mat
tes where they stand to-day, under the law The holder
OF Mexican Spanish grant, kept out OF his property
and involved in litigation cannot realize from IT, because
he has no patent and eject trespasscr from his do
main nor can he give any to the capitalist
when his litigation may bo expected TO terminate. The
1squatter7 on the contrary, will not improve the land
which he win possibly have TO give up after dreAry in
terya OF litigation He caunot be expected 10 make per
maneut or valuable improvements under such circuu-
stances or TO introduce the munments OF an advanced
civilization. His title being prccarious, his occupancy
rust be So he will not care 10 adorn and embesh his
home for some day he may be oused by the termination
OF the lawsuit between the nted States and the holder OF
the Mexican Spanish claim. No country viii advance
under such circumstances The who improve the lace
OF every country and develop Its resources by art are tue
reehoders who assured in their title 10 Us soil rake
the security Of the title from the homesteda ana the arm
Of labor pased the enterprise which seeks Improvement
checked aud repressed You will find the hardy pioneer
In his shany from year year The comfortable ouse
will not rsc because he has tile 10 his homo The forest
will not be eed the orchard planted nor the arabic
land permanently arranged and fenced in because the oc
cupant cannot know that 1t Is his lie may use what no
would otherwise carefully preserve because he thinks
well 10 ., tract money from all that is Of immediate value
Thus In sparsely wooded country, e Will cut away nm
Der and offer thcm for sale a. fuel so as 10 oring h
few dollars vet by this act he will seriously nlure the
estate on which be Is located and he would he the very
last commit such waste did be know the properly
TO be his What is here true OF an lndYduai case Is
the whole country that gentlemen Nli uuoe
stand how the regulation OF this landed business closely
vitality connected with the prosperity OF the young S"o u
the Pacific.
have had some twenty years experience In The practice
OF profession and II has been fortune 70 be engaged
much IN the litigation between classes Of persons similarly
related TO each other in all respects the holder OF Mcx
can claims and the squatter for United states precnp-
on in California The picture before me presents lea
lures that familiar tell you, Mr. Speaker and teil
the people Of California that the very worst property
ever invested his industry in Is oorpiedef
larsm about land II WILL in the end, prove curse to
every one engaged in Il party to IT, The only people
who prosper from It's the men who minister 70
the troubleas lawyers clerks, councillors sberns ana
notares The real owner grows old in the yan pursuit O
bis contest with government for bis rights which were Sc
cured him. By rcdy stPaldons and IN rev snort
years no will die broken-heared and baukruped leaving
nothing but legacy Of upon his country except
that good old MEANWHILE the California sqcRi~
ter will have passed his life also slovenly farmer,
who has not ascertaucd his interest Ia the property
he occupies aud who has been agted periodically, as
the Of approached, and who, probably, at In
teryals, has had 10 pay counsel retainer, or re
fresher' for these long years He dies also aud
his heirs TO the succession. They UW be unhoctH
and they will sell improve The old spanish claim after
awhile passes by degrees into the hands OF secafoT ~
land oiatspesaibly OF your philosophical gentlemen
who hang about Washipgonand ne will press ~ under-
sandingy, 10 a conclusion The result will be habsrc
the land and engu all the lite improvements be or they
have made without compensation Tor they will be affected
by the pendeucy Of the suit winch has lasted all this long
series OF yeara Depend upon IL Mr. Speaker this will be
the dire result 70 both Of these classes OF people want o.
avert t. do IL my voice and counsel have any
Ia young has been rapidly settled and under peculiar cir
cumstancend she far removed from this centre Of po-
cal power In system. let act wisely, by actng
paernal, kind just government TO her people; but
above all sir h 70 oursclre be true We have treaty
sra treaty ohich Obserrs The United States
t..fflx, E-lln rnft tbck