Political Recollections: 1840 to 1872Julian, George Washington
History
Political Recollections: 1840 to 1872
Julian, George Washington
Republican Party (U.S. : 1854- ) -- History; United States -- Politics and government
regions of the Northwest, and it would bring with it the same
inestimable blessings to the harassed and sorely tried regions of
the Pacific slope.
About the same time the action of Congress supplied another example
of hasty and slip-shod legislation, which has been perhaps equally
prolific of evil. The State of California, soon after her admission,
had assumed the right to dispose of the public lands within her
borders according to her own peculiar wishes, and in disregard of
the authority of the United States. This led to such serious
conflicts and complications, that a remedy was sought in a bill to
quiet land titles in that State. It was a very questionable measure,
inasmuch as the parties claiming title under the State could only
be relieved by recognizing her illegal acts as valid, and at the
expense of claimants under the laws of the United States. It
necessarily involved the right of pre-emption, and this was distinctly
presented in connection with what was known as the Suscol Ranch in
that State. It contained about ninety thousand acres, and was
covered by an old Spanish grant which the Supreme Court of the
United States in the year 1862 had pronounced void, soon after
which numerous settlers went upon the land as pre-emptors, as they
had a right to do. Their claims as such, being disputed by parties
asserting title under the void grant, the General Land Office, on
the reference of the question to that department, decided in favor
of the pre-emptors, upon which the opposing parties procured the
submission of the question to the Attorney-General. That officer
gave his opinion to the effect that a settler under the pre-emption
laws acquires no vested interest in the land he occupies by virtue
of his settlement, and can acquire no such interest, till he has
taken _all_ the legal steps necessary to perfect an entrance in
the Land Office, being, in the meantime, a mere tenant-at-will,
who may be ejected by the Government at any moment in favor of
another party. In pursuance of this opinion scores of _bona fide_
settlers were driven from their pre-emptions, which the laws of
the United States had offered them, on certain prescribed conditions,
with which they were willing and anxious to comply, and their homes,
with the valuable improvements made upon them in good faith, were
handed over to speculators and monopolists. The proceeding was as
outrageous as the ruling which authorized it was surprising to the
whole country; and it naturally awakened uneasiness and alarm among
our pioneer settlers everywhere. It seemed to me very proper,
therefore, that in a bill to quiet land titles in California, these
troubles on this Ranch should be settled by a fitting amendment,
which should protect the rights of these pre-emptors against the
effect of the ruling referred to. The opinions of the Attorney-
General had completely overturned the whole policy of the Government
as popularly understood, and I simply proposed to restore it by a
Public-domain text, read in full here on John Shaqi.
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