The weekly Butte record., 1867-06-08

in the confidence Of the Government his salary
IS an officer had been ia arrear. IN time Of diff
Guilty he furnishes provisions snd money 70 the gov
eraulent OF the territory. How 90 We know that
Mexico would have repudlased sale OF eighty
tha1s-ai acres aS robbery OF its territory, when
anv two decent oolauists. having q few horses snd
cows could have one hundred thousand FOR nothing
Il believe the Mexican Government would have
acted honestly and honorahly with Their valued
servant ana that the same Obligation rests on Us
bv force OF the treaty.
Now that the laad under our Government has
become oil value. these grants may appear enoT-
meas: 5et the court has duty 70 perform under
the treaty which gives no authority to forfeit
bona fide giant because It may not suit our notions
of nrudence or propriety.
'.We are not. for that reason, to be aStute in
searching for reasons TO eona>cate mans proper
" because lie has too mach. Believing. therefore
that the case before Us the claimant has present
ed genuine grant for consideration paid, which
the Mexican Government would never have dis
turhed for any OF the reasons now o!fered Tor Con
fScaring il / must express. most respectfully. my
dissent from a majority OF the coart with the hope
that Congress viii not suffer the very numerous
purchasers 10 forfeit the millions expended on the
faith Of treaty obligations
The bill reported by this committee respects
the occupancy Of the numerous holders under this
title recognizing it as pre- emption, and authoriz
ing sale To them at the miaimum price Of pnolic
lands they paying the cost OF surveys and all other
expenses.
1T has been the uniform practice Ct Congress to
respect aud protect the improvements of settlers.
BY the decision have referred to. considerable
quantity of land covered with settlers improve
men1s has suddenly become the property OF the
United States. To send out commission 20 Cali
forna to appraiSe those improvements would alb
>orb all the government could realize out OF the
sale of the lands. Yet. 10 treat the settlers in
truderS upon the public domain, and deprive them
OF the fruits of their labor and Investments. would
b.a COY
ernment. and great injustice TO the settlers. AS
the bill proposes sell them the land at the Gov
ernment price, thev to be at all the expense neces
sary for surveys tigaing conflicting Interests. etc.
the Government viii probably realize more from
the lands than it from any other mode of treat
menf, while it will do justice to its citizens whose
interests are deeply involved in the premises.
The legislation proposed in the bill is consistent
with the precedentS OF congressional legislation in
land cases. BY act Of Congress, approved June -.
ISL. the right OF pre- emption was granted TO Ger
tain settlers the Mason Rouge grant in Louis
lana. The Congress passed the fact TO take effect
in the event of the final adjudication of the title in
favor OF the United States. g StatuteSa Large.
p. 565) The final decision is reported in IL How
ard CO., and the act passed while the case was
pending.
Another act, entitled an act for the settlement
Of certain classes OF private land claims within the
limits OF the Baron de Bastrop grant, and for allow
ing pre- emptiou to certain actual settlers IN the
de Bastrop IN favor OF the United States. was ap-
proved, NJ rch 3 1851. 6 Statutes at Large, page
j96) The case is found in lie Howard, p. 6O9
The settlers the above named grants were
comparatively few in number. and the grants elev-
en- times as large as the SGScol grant while on the
latter some three thousand families settled and
several thousand others, all holding under the Sus-
col title.
up to the time OF the rejection of the Suscol
grant, during the present Congress, the settlers
undisturbed by any outside parties: bat diff
cuties have since arisen from the entrance OF par
ties upon the grant on the claim that 1t Is pubic
land. leading to collisions which must increase II
Congress does not intervene. The parties so claim
ing have entered within the Enclosures of settlers,
and scenes f-violence have hence resulted.
In view of all the facts in the case, the fact that
so large population Of industrious agrculturlsts
have settled upod and improved the grant; that
they have boeght their lands in good faith; the
precedents cited. and the consistent policy of the
Government towords settlers, with the bona fdes
Of the grant itself, the committee report back the
bill, and recommend its passage"
TCoSTINUEp MKT WEEK.