The weekly Butte record. [volume] (Oroville [Calif.]) 1866-1887, 1867-04-20

As this subject is elciting considerable interest
just now, we give the zth Of the law of Con.
gress passed on the sd of Jsy last II is the one
known as the "Conness Land BILL so strenuouslv
advocated by Gen. Bidwel, and the entire Califor-
MIA delegation. It will be seen that it recognizes
no claim to lands covered By rejected Mexican
grants, OF lands that have been excluded from the
survey of such grants except the claim heretofore
rejected, which. of course, excludes pre- -emptors
The rejection of the grants left the lands in the
hands of the Government, and, of course open to
those who had complied with the pre-emption law
This section of the bill ignores the claims Of
emptors and establishes the rejected or fraudulent
Mexican grant. The section referred to reads:
That where persons in good faith and for val.
liable consideration have thereupon purchased
lands of Mexican grantees or their assigns which
grants have been subsequently rejected. or where
the lands purchased have been excluded from
the final survey of any Mexican grant and have
used, uproved and continued in the actual posses
sion Of the according 70 lines of their origin
al purchase, and where no valid adverse title ex-
cept of the United States, exists such purchasers
may purchase the same. after having such lands
surveyed under existing laws, at the minimum
price established by law upc>. first making proof
of the fact required in this section under regua
tons 10 be provided by the Commissioner of the
bv coierminous proprietors to such an extent as
will enable them to adjust their respective boun-
daries.
Under the provisions of this section the holders
of these fraudulent Mexican grants can purchase
all the land covered BY them without limitation as
TO the amount, and without regard to former sur
veys heretofore made in accordance with law and
under regus tions of the land department. To show
that such is the true Interpretation of this section
and that it excludes pre-emptors and all who are
not holders of rejected Mexican grants, quote
from the opinion of Attorney General Speed, on
similar law, specifically for the purchasers of the
Vallejo title, which had been rejected, upon the
Susco Rancho:
The purpose and effect of the act of March Sd
1868 were to remove from entry at the Land Office
by persons laimine to be settlers under the pre-
emption laws, all the lands within the limits of the
Suscol Rancho. 1t is not to be doubted that
settlement on the public lands of the United States
10 matter how long continued, confers no right
against the Government.
The land continues subject to the absolute disposng
power OF Congress until the settler has made the
required proofs of settlement and has paid the re-
qnsite purchase money. Before these steps are
taken for the designation and purchase OF his claim
Congress may at any time intervene and either
empt the land from entry location or appropria-
ton or dispose of 1T by grant to other parfies.
During the interval between the institution Of
the settlement and the establishment of the claim
by proof and payment of the consideration nomin-
ated in the law Congress has power to dispose of
the land at its pleasure. 1t may recall the privi-
ege previously conferred, or incest any one else
,cith the same pririiese.
This view of the case has been sustained here
by the Land Department and in Washington. In
the of the people Shearer, decided recently
our own Supreme Court says, in referring to the
opinion of Attorney General Speed, from which the
above quotations are made: I'VE believe the CON
clusions of the Attorney General to be based on
solid grounds"
Speaking OF this subject writer in the Solano
Herald says:
In procuring the passage of laws with regard to
the public lands in California, our entire deega-
tons in the U. S. Congress have labored to over
turn the settled land policy of the General Govern
ment, and to wrest lands from actual settlers and
vest all the lands in specializing monopolstS. The
passage of special bills for the benefit of specuIa
tors. have followed each other in rapid succession
until the whole effort culminated in the passage o
the act Of the 23d of last July, by which the earl
criminals who forged grants and caught ii
the act, are now rewarded by having the land giver
to them at dollar and quarter per acre.
To every disnterested party. these laws and tn
opinion OF the Attorney General are infamous; un-
der their baleful iafuence families have been turne
from homes made on the public land under It
pledged faith and guaranty of Congress that, upo
making such homes and settling the public domai.
they should have their quarter sections at the mi
mum Government price.
Whether the Supreme Court will finally sustain
laws which take away pre- emption and Homestead
rights to property and give it to spectators, re
mains to be seen. Certainly the Court ought to do
so, if the people of the State choose Bdwell for
their Governor, who labored industriously for the
passage of this bill through the House. and who
secures through its operation title to the Hensey
and other rejected Mexican grants, to the exclu-
sion of pre-emptors. The effect is to retire the
General Government from the State as a land pro-
prietor, and install SPECTATORS whose sole claims
originated in fraud and forgery.