Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-04-13

OF title thereto, and in good faith has made val
uabie improvements thereon, and is afterwards in
the proper action found not to be the rightful
owner thereof, no execution shall issue to put the
PlainSn IN possession Of the property after fling
the complaint hereinafter mentioned, until the
OF T Ths cnnPte. ARE @ns set foh the
grounds on which the defendant seeks NIei,
stating, among other things, as accurately % Prae
the value the OF y. ins aside from
0Sec 3. All issues Joined thereon shall be tried
in other cases and the court or jury trying the
cause shall assess:
al The value of all lasting Improvements made
aforesaid on the lands in question previous to the
commencement of the action for the recovery of
the land
ss2. The damages, IL any, which the premises
NAV have sustained, by waste cultivation, to
the time Of rendering the judgment;
80 The fair value Of the rents and profits
which NAV have accrued, without the improve
ments, to the time of rendering the Judgment:
"a. The value of the estate which the success
fnl claimant has In the premises, without the i'm
provements.
g Sec. 4. The plaintiff in the main action may
thereupon pay the value Of the Improvements,
ded9cting the value Of the rents and profits, and
the damages sustained as assessed on the trial,
and take the property. Should he fail to do this,
after reasonable time, to be fixed by the court,
the defendant may take the property upon paying
the assessed value of the land, aside from the
Improvements. If this be not done within rea-
sonabe time to be fixed ny the court, the parties
shall be held to be tenants in common Of all the
lands, including the Improvements, each holding
interest proportionate to the value of his prop.
e ty as ascertained by the assessment herenbefore
provided.
Sec. S. The purchaser In good faith at any
judicial tax sale, made by the prope: person OF
officer, shall be deemed to have color Of title,
whether such person or officer had SUFFICIENT al
thorty to sell or not, unless the want Of authority
was known to the purchaser at the time Of the
salen
Want Of space to-day prevents US from con-
tinuing this subject We shall recur to it again.
THE CALIFORNIA SENATORIAL ELECTION
We some time since took occasion to explode
the Misrepresentation with reference to the
circumstances attending the late election of the
Hon. VIM. NJ. Gwin to the Senate of the United
States which followed in the newspapers imme-
diately on the heel of that event. We find in
o late number of the Union Democrat (of Cal
ifornia) the following synopsis Of a debate in
the California Legislature, on this subject
which bears out to the letter our views upon
this subject, and therefore repnbiIsh 1t that the
public may understand that ere writing on it
we took due care to obtain satisfactory evidence
of the truth of what we felt it to be our duty to
say in the premises:
From the Union Democrat, Jan 3ll
THE ELECTION OF UNITED STATES SENATOR'S.
The opposition press all over the State has been
endeavorng to create the impression that there
was a virtual understanding between the Sena-
tors, who are now on their way to Washington
and that the election OF DR.. Gwn was secured .
through the efforts OF Mr.. Broderick, only upon
condition that he should not interfere in the mat
ter or Federal appointments in California. Such
charge, with Democrats is matter of no mo-
ment, for it falls harmless but for the gratiica-
tion OF our readers in the Atlantic States more
especially. and for the more Immediate benefit of
the opposition qllidnuncs of this locality give
the following debate on the subject. which came
up in the Assembly on Saturday last, on a Ques-
ton of privilege. We should think the follow
ing statements of the members who cast their
votes for DR. Gwin in caucus, amply sufficient and
satisfactory for any unprecedented mind. Upon
those who are determined to think differently re-
gardless Of the facts this public record will have
no effect:
MIR. EsTELL said-Mr. Speaker I find in many
OF the newspapers of the day, attacks on the char
acters OF the two u. :. Senators whom We have
but recently elected and sent on their mission to
Washington. Ordinarily, Sir, l should have
passed this by unnoticed, for do not believe it
would have effected either of those gentlemen at
home, but there is danger of its influence on the
other side Of the continent, where the character of
the press on the Pacific slope is almost unknown
we are all aware thatthe excitement connected
with the recent election has never been equalled
within our knowledge. and that no two gentlemen
in the State could have been successful without
sub1ectlng themselves TO every species of charge
known to vituperation.
NV object at this time Sir is to ask the MEM
berS who changed their votes on the last ballot
and cast them for Dr. Gwin, to give this House
and the State the reasons that Influenced them in
making that change. Ii has been charged by
Venal press, and circulated with amazing rapidi-
ty. that bargain had been made between Mr.
BToderick and Mr.. Gwn, by which the former
he'd elected the latter for and in consideration of
the federal patronage, which Mr. Gwin aban-
doned in the premises. The object of this pro-
eeedng Is TO arrive at the truth, and at once, in
the proper place and by a statement from the
whole story. ' a"''H u o''p'0'e tue
1t is we'll known, Mr. Speaker, that I was
friend to Mr.. Broderick and voted AGAINST Mr.
Gwin throughout the whole of the balloting
But, Sir, ] have facts and circumstanoe s within
my knowledge which induce me to disbelieve
the whole story, and with the permission of the
House will relate some of them .
In the month of May, 1855, and the day of the
hnal adJournmant of the Legislature of that wear
", GWln stated, IN my presence. to a number OF
gentlemen that he would, al that moment have
been In possession of his certificate Of election If
he had never interfered with federal Datronave
he also stated that if he should be reelected
ne intended to insist on his colleague taking
charge OF he appointments Of the State of Calf.
fOrnia, whilst he should have a more ouiet and
pleasing duty in attending to her interests in the
Halls OF Legislation. Since that time. Sir have
repeatedly heard DIR. Gwin make the same decla-
rations. and learn from his friends that nothing
has been more common than their repetition.
IL may be, Sir, that the friends Of Mr. Brode-
rick selected DIR. Gwin because he entertained
those opinions, or it may have been because thew
desired to heal the difficulties which have existed
In the democratic party in this State. by electinp
the heads OF the two factions, viz the two Sena.
lots VINO are now on their way to Washington
" Before taking my seat, Mr.. Speaker said
Mr.. Estell, permit me to hope that the gentle
men who made the nomination Of Dr. Gwin, on
tne IT'D INST, will respond to this call, In such
manner that this question will be settled forever
ana In such way that the charges will be fast,
eneo upon the guilty, so that none can defend or
give such proofs Of their innocence that the
70, tongue OF vituperation and Islander, will forever
Mr.. HALL said-An appeal having been made
to me personally, confess that arise 10 re.nnnd
without comprehending the object of INV devout
friend from Marin. This whole proceeding seem.
10 me to be most extraordinary and irregular. I
cannot understand why the gentleman, on this
occasion, seeks to convert this Assembly into a
confessional. To the interrogatory propounded,
j nave simple, positive. and direct answer:
throughout the Democratic caucus ! gave nv
Suffrage In selecting senatorial representation in
the Federal Congress, in accordance with the die.
tates OF my own judgment. the approval ~ me