California as it is, and as it may be : $b or, A guide to the gold region — John Shaqi
California as it is, and as it may be : $b or, A guide to the gold regionWierzbicki, Felix Paul
History
California as it is, and as it may be : $b or, A guide to the gold region
Wierzbicki, Felix Paul
California -- Description and travel; California -- Gold discoveries
As we have above referred to Mr. T. H. BENTON’S speech, delivered in
the Senate of the United States, January 15, 1849, on the subject
of land titles and sale of gold mines in New Mexico and California,
we give a place here to his substitute for the bill then before the
Senate, supposing it may be interesting to those who have not seen it.
It is fortunate for California to have such a defender of her rights as
the gifted Senator from Missouri. This is the substitute that defeated
the bill in question:
“To recommit the bill to the Committee on Public Lands, with
instruction to inquire into the expediency of reporting a bill for
ascertaining the public and unappropriated lands in the territory
of California, and for surveying and selling the same, and for
granting donations to actual settlers, and permits to work the gold
mines; and for that purpose to provide--
“FIRST. For the appointment of a recorder of land titles, who shall
have the custody of all the public archives in relation to the
disposition of the public lands, and shall record all the grants
and all claims that shall be discovered, made known to him, and
shall make two abstracts of the same, one to be sent to the General
Land Office in Washington city, the other to be delivered to the
Surveyor General of California, that he may lay down the grants and
claims on a map to be retained in his office, and of which map a
copy to be transmitted to the General Land Office, and another to
be filed with the recorder of land titles in California.
“SECOND. To provide for the ascertainment of invalid grants or
possessions, by authorizing a _scire facias_ to be issued from
the United States District Court against the party in possession
to come in and hear the objections to his claim and to show cause
why the grant should not be annulled, or the possession vacated in
every case in which the recorder of land titles, upon consultation
with the district attorney, or by orders from the General Land
Office, shall be so instructed, shall be of opinion that the same
is not valid under the treaty with Mexico, the law of nations,
and the decisions of the Supreme Court of the United States--the
decisions of the district court to be final, if against the United
Stales, in all cases where the land in question shall be worth less
than five thousand dollars. But no _pueblo_ or rancheria Indians to
be disturbed in their possessions, without special orders from the
General Government.
“THIRD. To provide for the appointment of a surveyor general, and
for the establishment of three land offices.
Public-domain text, read in full here on John Shaqi.
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