The weekly Butte record., 1867-06-22


443) entitled IAN act to quiet land titles in Cali
fornia-'' -sse
Mr. McRuer. | desire to consume as little time
as possible in the discussion OF this bill, and there
fore wish to make this proposition To the chair
man of the Committee on Public Lands: that on
our side of the question not more than 20 minutes
shall be occupied, provided that the gentleman will
consent that the vote shall be taken upon the
amendment and the bill before the morning hour
expires.
Mr. Julian 1t is impossible for me to determine
what may deem It necessary TO say until | hear
the argument on the other side. | willing to
give the pledge that ] will make my remarks as
brief as can consistently with what | believe to
be my duty. am not willing absolutely TO say
now that will be restricted TO twenty minutes
Mr.. McRuer. We willing to conine
selves to twenty minutes and give the gentleman
the remaining forty minutes Of the morning hour,
provided he will consent that the question shall be
disposed ot to-day
Mr. Julian. think that can make all the re-
marks have to make in less than forty minutes.
so that we may take the vote before the conclusion
of the morning hour.
Mr.. McRner. understand the gentleman. then
to pledge that so far as he is concerned, the vote
NAV be taken today; and although would like to
discuss this question at length still, in difference
To the wishes of the House propose To make my
remarks very brief 50 that the question may be
disposed of this morning. | now yield to my col
league IMr. Bidwell] for five minutes.
Mr. Bidwell. The question to be decided hy the
House to-day is one of much might say of
so momentons importance to the State of Califor-
nin that it will be impossible tor me more than to
barely to make an outline OF what | ought to say
in the time allowed me in Justice TO the magnitude
of the questions involved in the issue. The State
of California was entitled under certain acts Of
Congress to grants of land no more, however.
than other States. But the condition under
which those grants made required that the
SANDS should be surveyed and brought into market
before the selections could be made by the States
But up TO tae present time the lands never have
been surveyed by the United States and brought
into market in advance of the settlement, 50 that
il has been absolutely impossible for the State of
California make those selections unless she made
them upon unsurveyed lands Anxious to create
school fund with which to educate the youths of
that State she went on, Lying on the justice of
the Government. and made selections Of lands
We ask in this bill nothing more and nothing less
than that the Government of the United States
shall recognize those selections of land far only
rs they do not conflict with sey preemption right,
auv homestead or other just and valid right
That is all there is in the bill, and II would be
perfectly satisfactory and would be ready now,
without altering another word. to take vote on
the BILL it rot for the proposition OF the chair
man of the Commistee on Public Lands attach to it
an amendment which reopens the old Spanish
claim which has been settled and adjusted, and
that too in accordance with the principles OF
right and Justice, as | believe, As our delegation
believe and as every honorable man in the State
of California knowing the circumstances and mer-
its of the case believes.
Now Mr.. Speaker one word in reference To
alnt the gentleman from Indiana Mr.. Jalianl
said the other DAY in reference 10 settlers on that
particular tract OF land which he desires to provide
for in the proposed amendment. The question
will arise to whether those persons are settlers
according to the meaning oi the preemption laws
OF the United States. The register and receiver OF
the State of California investigated the questions
and reported that they were not snch settlers
That did not satisfy the Land Office. and another
register aud receiver were ordered to proceed and
investigate the questions. After elght months oil
patient aud deliberate investga alton, filling seven
teen volumes OF eight hundred pages eacn OF testl
mony taken upon the question. the decision WAS
that the persons who settled upon that grant were
not in any sense of the word within the meaning
of the laws.
The Speaker. The gentleman's FIVE minutes
have expired.
Mr.. McRuer. In the very limited time which
propose occupy on this subject is not possible
for ME to go into the various questions touching
upon this matter. This Vallejo grant was made in
fSlS. IL occupied and cultivated from that
time up to 1862 without the title being questioned,
and without any trespassers going upon it. II twas
title that in California unquestioned. In 1857
1858 that claim presented II the board oil
land commissioners aud confirmed by them as
good and valid title. An appeal was taken by the
Government 10 the United States district court.
and they confirmed the decision of the commits
sioners. Whereupoa II was bought ami sold, mort
gagged and hepueathed, and no man in California
doubted tGat X WAS a> ufiH anu ~ Nalii a> any
title BY Spanish grant within the limits Of the state
About the year 1855 il went out of the hands of
the original grantees. 1t was purchased by an in
Vulnerable number Of people. Most OF the city OF
the city of Benicia was built upon the grant Ihe
United States purchased Mare Island of the Vallejo
grant.
Mr.. BidweN. No.
Mr. rMcRuer. Nv colleague says am mistaken.
Mr. Highly. The Government purchased from
the Vallejo ttlc the part which the arsenal aud
armorv are situated
Mr. Bidwel. That is so.
Mr.. McRuer. The Government boughta portion
Of the land from that title. The Pacific Mail 5.
Comranv employing the best counsel IN the State,
purchased portion OF that grant upon which 10
build their ships The town of Vallejo was baiit
upon this grant. And but a few weeks since Con
gress act Of justice TO the city Of Beuicia
gave il the United States title 10 the land upon
which that city Is founded by yirtGe Of the pur
chase Of the Vallejo title. paying therefor ralua
bic consideration. The title was considered as
valid as the title to any land within the limits OF
that State. But nine years after the decision Of
the district court. under appeal 10 the Supreme
Court the surprise and to the regret OF the cit
izess OF California, II was rejected upon what de-
clare 10 be technical grounds
/; has never been questioned that the Mexican
Government would have recognized this title; that
thew would never have attempted TO take posses
sion OF this property sold for valuable eon>dera-
ton. Immediately on the rejection OF the title by
the Snprems Court. when this land was all Guilt
waited. enclosed. upon which were towns orch
ards planted; Immediately on the receipt ot that
news class Of men not legtimateiy agricultural
lists. not preemptors, thinking this woald De IA
vorshle opportunity to fitch from their neisheoTS
the fruits Of their labor and the rewards o their
toll went on the land and located claims Tor loo
acres each. | wish 10 call the attention OF the
House IN short report made by the register and
receiver of public lands. | ask the Cierk TO read
extracts from it.
The ClslS read as follows:
The trial of these cases has occupied the regis
ter and receiver constantly every working cay As
well as evenings for near eight months, daring
which time between two and three thousand Wit
neSses have been sworn and examined. ana tnslr
testimony reduced to writing: and between ieut
and i've thousand deeds, documents. sfhdavits ana
the Ike. introduced and examined.
"A general report cf the facts established oy
said evidence is briefly as follows: when the | nj
ted States Government took possession Of Cai'or-
MA Don Mariana Guadalupe Vallejo was in the &C.
cupancv of the ranch Of Snscol, claiming 10 own II
by virtue of the grant from the Mexican nation,
which has recently December term. lSSl,l been
declared invalid by the Supreme Court OF the I III.
ted States. his occupancy was the usual one OF
the country. and in accordance with the primitive
habits of the people. He possessed the land by
hering stock upon it. Gen. Vallejo. As Military
commander OF his district. consisting OF sl Alta
California lying north OF the bay OF San Francisco
was necessarily the leading parsonage OF the coun.
try. His influence among the rude inhabitants Of