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to pass.

Mexico in flagrant violation of the express Committee of Elections to report the following

PUEBLO OF SANTA ANNA.
articles of the treaty of 1831.
resolution :

Mr. ORTH, from the same committee, reThe committee did not pretend to ascertain Resolved, That Charles M. Hamilton is entitled to ported a bill (H. R. No. 1343) to confirm the the amount of his claim. They referred the a seat in this House as a Representative from the

title to certain land to the pueblo of Santa ascertainment of its amount to the Treasury State of Florida.

Anna, in the Territory of New Mexico; which officers. They merely decided, in each case,

The committee finds his credentials are in

was read a first and second time. that he had a just claim for some amount due form, and we have a certificate that the

The bill confirms the title of certain lands against Mexico, which the United States, under State has adopted the fourteenth constitutional lying upon the Jernez or Santa Anna rivers, the treaty of Guadalupe Hidalgo, and by the amendment reservation of $3,250,000, was responsible to Mr. MAYNARD. Has there been any ques: | provided that the confirmation shall only be

not exceeding four square leagues in extent, pay to the extent of that $3,250,000 so far as tion of his personal fitness and qualification? construed as a relinquishment on the part of it had not been appropriated; and they merely Mr. SCOFIELD. None. It is all right. the United States, and shall not affect any reported a bill to have it settled upon proper

The resolution was adopted.

adverse right, should any such exist. principles, and I think with the guards thrown Mr. SCOFIELD moved to reconsider the The bill was ordered to be engrossed and about the present bill it ought unquestionably vote by which the resolution was adopted ; and read a third time; and being engrossed, it was

also moved that the motion to reconsider be accordingly read the third time, and passed. Mr. CONKLING. Trusting in the sense laid on the table.

Mr, ORTH moved to reconsider the vote by of justice of the Senate, I move that we now The latter motion was agreed to.

which the bill was passed ; and also moved adjourn. PROTECTION OF GOVERNMENT OFFICERS, ETC.

that the motion to reconsider be laid on the Mr. HENDRICKS. I had not yielded the

table. floor, and I want to make a single remark

Mr. WASHBURN, of Wisconsin. I call

The latter motion was agreed to.
before I do. The Senator from Missouri asked for the regular order of business.
me to yield to him for a moment, and I did so,

The SPEAKER. The regular order of

On motion of Mr. ORTH, the report of the and then I yielded to the Senator from Kenbusiness is the consideration of House bill No.

committee accompanying the above bill was

ordered to be printed. tucky. I wish merely to say

1131, regulating judicial proceedings in certain Mr. CONKLING. I think a Senator who cases, for the protection of officers and agents

SWEARING IN OF A MEMBER. becomes so prodigal with the floor, and squan

of the Government, and for the better defense CHARLES M. Hamilton, a member-elect ders it as the Senator from Indiana has, should of the Treasury against unlawful claims, re from the State of Florida, appeared and was not be allowed to retain it. ported back yesterday from the Committee on

duly qualified as a member of the House of Mr. HENDRICKS. I cannot resist an

the Judiciary by the gentleman from Massachu. Representatives by taking the oath prescribed appeal of that sort. setts (Mr. BOUTWELL] with amendments.

by law, The PRESIDENT pro tempore. The Chair First amendment of the committee :

LAND CLAIMS IN NEW MEXICO. understands that when a Senator yields the Add to the second section the following proviso:

Mr. ORTH, from the same committee, floor be yields it for good.

Provided, That this section shall not be construed

so as to deprive aliens who are citizens or subjects of reported a bill (H. R. No. 1344) to confirm Mr. HENDRICKS. At this time of night any Government which accords to citizens of the Uni

certain private land claims in the Territory of that is a good rule; but I want to make a per ted States the right to prosecuto claims against such sonal remark before the Senator from New Government in its courts, of the privilege of prose

New Mexico; which was read a first and seccuting claims against the United States in the Court

ond time. York submits his motion. of Claims as now provided by law.

The bill confirms the claim to certain private Mr. CONKLING. Very well.

The amendment was agreed to.

lands, numbered 41, 42, 44, 46, and 47, in the Mr. HENDRICKS. I stated in response to

Second and third amendments :

Territory of New Mexico, provided that such the Senator from Vermont that I thought this $3,250,000 was reserved, under the terms of the Insert after the word "allegation,” in sectionstwo confirmation shall only be construed as a quit

and three. the words “if the fact be sustained by claim or relinquishment of all title or claim on treaty, from the ten or fifteen millions that were the proof."

the part of the United States to the same, and to be paid. I think I was mistaken in that. I

The amendments were severally agreed to. shall not affect the adverse rights of any permust have had my memory impressed with the

The bill, as amended, was ordered to be son or persons to the same, or any part or reading of some other treaty. I find that this

engrossed and read a third time; and being parcel thereof. Sections two and three proobligation of the Government of the United

engrossed, it was accordingly read the third || vide for the survey of the lands and the issue States to our own citizens to the extent of time, and passed.

of patents therefor. $3,250,000 was in addition to the $15,000,000. Mr. BOUTWELL moved to reconsider the T'he bill was ordered to be engrossed and Mr. CONKLING. Now, Mr. President, the

vote by which the bill was passed ; and also read a third time; and being engrossed, it was Senator having apologized for his position in moved that the motion to reconsider be laid | accordingly read the third time, and passed. this matter, I move that the Senate adjourn. on the table.

Mr. ORTH moved to reconsider the vote by The motion was agreed to; and the Senate The latter motion was agreed to.

which the bill was passed; and also moved to adjourned.

lay the motion to reconsider on the table. ADVERSE REPORTS.

The latter motion was agreed to.
HOUSE OF REPRESENTATIVES. Mr. ORTH, from the Committee on Private

CHARLES MAY.
WEDNESDAY, July 1, 1868.
Land Claims, reported adversely on the fol-

Mr. BAILEY, from the same committee,
The House met at twelve o'clock m. Prayer lowing cases, and the same were laid on the

reported back the bill (H. R. No. 1109) for by the Chaplain, Rev. C. B. Boynton.

The memorial of Thomas H. Dowling;

the relief of Charles May, of Milwaukee, WisOn motion of Mr. ORTH, by unanimous con

The claim of heirs of Philip Revantho;

consin, accompanied by the following resolu. sent, the reading of yesterday's Journal was dispensed with.

The petition of the New York Central Col- | tion:

lege to have a certain tract of land confirmed Resolved, That the Committee on Private Land CLERKS' EXTRA COMPENSATION. to it for the education of colored youths ;

Claims, to whom was referred House bill No. 1109,

for the relief of Charles May, and the memorial Mr. WASHBURN, of Indiana. I present

A bill (H. R. No. 399) for the relief of accompanying the same, may defer their report

thereon until the next session of this Congress, and the petition of fifteen hundred and fifty-six || David A Milier; and clerks for extra compensation for the year

A bill (H. R. No. 433) for the relief of the

in the mean time that the said bill and memorial be,

and the same is hereby, referred to the Commisending the 30th of June, 1868.

heirs of Simeon Castro and their assignees. sioner of the General Land Office, with directions to Mr. TROWBRIDGE. Cannot that be re

ascertain the facts upon which the claim of said May LAND IN BURLINGTON, IOWA.

is based, and any other facts properly connected ferred under the rules ?

therewith, and that he report the same at the next The SPEAKER. It can.

Mr. ORTH, from the same committee, re

session of said Congress. Mr. TROWBRIDGE. Then let it take that || ported back a bill (S. No. 469) confirming the

The resolution was adopted. title to a tract of land in Burlington, Iowa, course.

The bill was then recommitted to the ComMr. WASHBURN, of Indiana. I will refer

with a recommendation that it do

pass.

mittee on Private Land Claims. it under the rules.

The bill provides that the title of the United
States to a certain tract of land in the city of

LAND CLAIM IN MISSOURI.
FUNDING BILL.

Burlington, Iowa, which was reserved from sale Mr. BAILEY, from the same committee, Mr. BLAINE. I ask unanimous consent to by the United States and dedicated to public reported back, with the recommendation that submit the following resolution : burial purposes, be confirmed and vested in

the bill (S. No. 166) for the relief Resolved, That the Committee of Ways and Means the independent school district of said city, to of the owners of the land within United States be directed to inquire into the expediency

of reporting, without unnecessary delay, a funding bill provid

be forever dedicated and used for public school survey No. 3217, in the State of Missouri. ing for the consolidation of all the bonded indebted purposes, and for no other use or purpose The bill was read. By its terms the United ness of the United States into five per cent. bonds, whatever.

States release, grant, relinquish, convey, and payable at the option of the Government after ten years; or four and a half per cent., payable at the

The bill was ordered to be read a third time; confirm in fee-simple and in full property to option of the Government after thirty years; or into and it was accordingly read the third time, and the legal representatives of Ann 0. Camp and four per cent. bonds, in the form of interminable an

Antoine Reihle all the right, title, and interest nuities, the holders of outstanding bonds to have their choice of these three forms of securities.

Mr. ORTH moved to reconsider the vote by of the United States in and to all of the land Mr. POMEROY. I object.

which the bill was passed ; and also moved within United States survey No. 3217, in town

that the motion to reconsider be laid on the ships forty-four and forty-five, north of the REPRESENTATIVE FROM FLORIDA. table.

base line in ranges six and seven, east of the Mr. SCOFIELD. I am directed by the The latter motion was agreed to.

principal meridian line in the State of Mis

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souri, being the same land that was surveyed | exist, and patents for said claims shall be Mr. STONE. I ask that the report accom. hy the United States for Madame Camp and issued accordingly.

panying the bill be read. Antoine Reihle's representatives, containing Mr, NEWCOMB. This bill involves the The Clerk read the report, as follows: two thousands nine hundred and five arpents, title to land in the State of Missouri to the value

Your committee, to whom was referred House bill fifty-six perches and forty feet, which is equall of several hundred thousand dollars. It was No. 1206, have bad the same under consideration, and to two thousand four hundred and seventy-one introduced and referred to the Committee on

find the facts to be these: acres and seventy-six hundredths of an acre; Private Land Claims without my knowledge,

That the United States solemnly promised by their

treaty with Mexico to protest the rights of private provided that nothing in the bill shall abridge, and I was not aware that any such bill was property, that no man's land should be taken from divest, impair, injure, or prejudice any adverse before the House until the committee was pre

him

if he had a title which the Mexican laws held to

be good. right, title, or interest of any person or persons | pared to report upon it. I am not prepared to This provision of the treaty merely embodied in in or to any portion or part of the land. say, however, that the passage of this bill would the form of an express stipulation what had always The bill was ordered to a third reading; work any wrong or injury to any party. But

been recognized as international law.

In 1851, a coin mission was created by act of Conand it was accordingly read the third time, | inasmuch as this land lies in my district and is gress to investigate these Mexican land titles, with and passed.

very valuable, and the title is in dispute and power to confirm the genuine and reject the spurious Mr. BAILEY moved to reconsider the vote has been for a great many years, I would ask

claims, and reserving both to the claimant and to the by which the bill was passed; and also moved that the further consideration of this bill be

Government the right to appeal, first to the district

court, and thence to the Supreme Court of the United that the motion to reconsider be laid on the postponed until the first Tuesday in December

States. All claims were to be prescnted within iwo table. next, after the morning hour, so that we may

years after the date of the act; and by subsequent

acts this time was extended two years more. The latter motion was agreed to.

have an opportunity to examine the facts in This law operated with some severity upon the ANN D, DURDING,

the case and be able to act more intelligently owners of sound and honest titles, but it was made Mr. LOUGHRIDGE, froin the same com. than we can now.

necessary by the enormous number of false and

fraudulent claims which were set up to the most mittee, reported back, with the recommend

Mr. PILE. I desire to state only that this valuable lands in Californis. ‘ation that it do pass, the bill (II. R. No. 910)

bill was brought to me by General Bent during When the comin ission began their labors the recthe morning hour call for bills and joint reso

ords of the former Government were not known to for the relief of the grantees of Ann D. Durding,

exist in any completeness, had not been collected or lutions. Not seeing in his seat my colleague The bill was ordered to be engrossed and

examined, and were not resorted to or relied upon

as evidence. Whoever could produce a title-paper, read a third time; and being engrossed, it was

who represents that district, [Mr. NEWCOMB,]

I introduced the bill and had it referred. I have and prove its proper execution by parole vidence, accordingly read the third time, and passed..

had his claim confirmed. Record evidence was not

I Mr. LOUGHRIDGE moved to reconsider no knowledge of the facts in the case.

required. omitted, as I ought not to have done, to inform This rule opened wide the door to forgery and the vote by which the bill was passed ; and also

jury. Title-papers were antedated or forged, and moved that the motion to reconsider be laid my colleague of the nature of the bill. I hope

men found to swear them genuine, on the table.

it will be postponed at his request until it can At length the Attorney General, alarıned at the The latter motion was agreed to. be examined.

number of alleged frauds, caused the archives of Mr. LOUGHRIDGE. The Committee on

the former Goverpment to be collected and carefully LAND CLATUS IN NEW MEXICO. Private Land Claims examined this bill very

examined, and, to the surprise of everybody, these

were found to be entire and reliable. The means of Mr. LOUGHRIDGE, from the same com carefully, and were satisfied that it was correct; testing the validity of any claim was nes at hand, and mittee, reported a bill (H. R. No. 1343) to but if the gentleman who introduced it here

from that day to this the courts have subjected all

claims coming before them to this test. confirm certain private land claims in the Ter desires it to be postponed, of course the com As late as 1861 the Supreme Court said: “It has ritory of New Mexico; which was read a first mittee will not object.

been held by this court, in a long and unbroken line and second time.

Mr. NEWCOMB. I move that the further

of adjudications, that where there is no archive eviThe bill was ordered to be engrossed and

denoe, and its absence is unaccounted for, and there consideration of this bill be postponed until the has been no such possession as raises an equity in read a third time; and being engrossed, it was first Tuesday in December next, after the

behalf of the party's

"theclaim accordingly read the third time, and passed. morning hour.

must be rejected. We feel no disposition to relax the Mr. LOUGHRIDGE moved to reconsider

rule,"

The motion to postpone was agreed to. Such is now the law. But all this was settled after the vote by which the bill was passed; and also

the time had gone by when claims could be presented moved that the motion to reconsider be laid on

PRIVATE LAND CLAIMS IN CALIFORNIA. or heard, and after meritorious and just claims had the table.

Mr. STONE, from the Committee on Private

been rejected or withdrawn on account of theepforce

ment of the title-paper rule, The latter motion was agreed to.

Land Claims, reported back, with a substitute, The limitation clause of the statute cut these claim-
House bill No. 1206, to restore to certain par-

ants off and denied them a hearing under the new WILLIAM A. DUNY,

and true rule of evidence established by the Supreme ties their rights under the laws and treaties of Mr. BUTLER, of Tennessee, by unanimous

Court consequent upon the discovery of the archives. the United States.

This billextends the limitation.clause of the statuto consent, introduced a bill (H. R. No. 1346)

The substitute, which was read, provides that

one year, and gives claimants who have archive evifor the relief of William A. Dunn, of Virginia;

dence of title a hearing; and it is all that it gives which was read a first and second time, and each and every person claiming land in Cali

them. This they ask; and it is all they ask. fornia by virtue of any right or title derived from The facts in a single case will make this whole mat. referred to the Committee of Claims. the Spanish or Mexican authorities, and whose

ter plain.

In 1837, Juan Miranda, a Mexican soldier, accepted LUCINDA PANGLE. claim has not been adjudicated by the commis a provisional

grant of a then outlying ranch in CaliMr. BUTLER, of Tennessee, by unanimous sion created by act of Congress approved fornia, and on this ranch lived with his large family consent, also introduced a bill (H. R. No. March 3, 1851, and record evidence of which

until 1815, when he died. The year before his death 1347) for the relief of Lucinda Pangle; which claim found in the Spanish or Mexican ar.

he perfected his titlo to the ranch, and all the papers

were duly recorded in the archives of the Mexican was read a first and second time, and referred chives now in the custody of the United States Government, and there they are to-day. Histide to to the Committee on Invalid Pensions. surveyor general for the State of California, the land was as good as the laws of that country

could give to any man. COLONEL S. K. N. PATTON.

shall within one year after the date of this act His family continued to live upon the ranch till Mr. BUTLER, of Tennessee, by unanimous

present his petition in writing for the same to after the conguest of the country. Meanwhile Miconsent, also introduced a bill (H. R. No. the United States district court for the district

randa's title-paper was lost. 1348) for the relief of S. K. N. Patton, late in which the land claimed is situated, with such

A certain Ortega, son-in-law of Miranda, aware of

this loss, procured title-papers to this same ranch in colonel of the eighth Tennessee cavalry ; which

documentary evidence and testimony of wit. his own name, and dated them back to 1840. was read a first and second time, and referred nesses as the said claimant relies upon in sup

The heirs of Miranda sold their title to Valentine;

Ortega sold his to White, and the purchasers preto the Committee on Military Affairs.

port of such claim; and thereupon the same sented their respective claims to the land commis

proceedings shall be had in said district court, sion for confirmation. GABRIEL CERRE AND SOPHIA BOLA YE. in relation to the hearing and decision of said

The Ortega title was confirmed, for it had the titleMr. LOUGHRIDGE, from the Committee {| claim in all respects, as though it had been

paper, while the other had none. on Private Land Claims, reported back, with a

In fact, so complete was the fraud that the adverse presented to and decided adversely to said claim claimant himself was deceived, and withdrew bis recommendation that the same do pass, House by the commission created by the act of March

claim. The district court was 'n iso deceived, and bill No. 1204, to confirm certain private land 3, 1851, except that no transcript of the report

confirmed the

decree of the land commission in favor

of Oitega, claims in the State of Missouri.

or proceedings of said commission shall be Meau while new facts came to light, through the The question was upon ordering the bill to presented to the said district court, and the

efforts of the Attorney General, and the case was car. be engrossed and read a third time.

ried up to the Supreme Court. survey of any grant which may be confirmed The bill, which was read, provides that the

There it was broadly challenged as a cheat and a claims of the legal representatives of Gabriel

under this act shall be subject to the provisions forgery. The judgment of the court bolero cercato Cerre and Sophia Bolaye, falling within the that from the decision therein, both on the title

of the
act of June 14, 1860; provided, however, aside,

and the record remitted for further proceedexterior boundaries of the commons of Caron

Judge Hoffman took up the case ab initio, patiently and on the survey and location, appeal may be delet, the former entered as No. 60 for four

examined all the facts, and, in an opinion of grrat taken to the Supreme Court of the United

ability, exposed the utter fraud of the Ortega title. hundred arpents, and the latter as No. 279 for States within six months after such decision has

In 1864 the case came again

to the

Supreme Court, one hundred and fifty arpents, in the first class been rendered, and that the same proceedings

and the judgment of the district court

was affirmrd. of decisions of the board of land commission

Thus, after twelve years of hot litigation, was this for the hearing and decision thereof shall be

spurious title swept away. ers under the acts of Congress of 9th July, || had, and the judgment of the district court shall

The United States never pretended to have any 1832, and 2d March, 1833, for the adjustment have the same affect as is provided by the act

title to this ranch. The Supreme Court distinctly of private land claims in Missouri, which claims hereinbefore referred to; and provided further

said: “It is clear from the evidence in this case were confirmed by act of Congress July 4, 1836, that such confirmation shall not affect the rights Mirend the tracu in dispute. But whethibiche in

that, as against the United States, either Ortega or subject to location elsewhere than in place in case of conflict, are hereby confirmed in place title of the claimant as between him and the

of third parties, but shall establish simply the subject to any valid adverse rights, if such

the claimants has attempted to ovi preach the oth: United States.

are questions in which the G sernment has no in terost.

And, again, in the same opinion the court

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said:

"The Government surely to be public lands; and, in addition to this, has no right to claim that the land shall be consid

the cases there were stipulations. Some of ered as part of the public domain." So it is seen that

the act of 1862 required the actual settlers to the parties on the land are not only under the the Ortega title was a cheat, and that the United pay for the survey. The settlers whom this title of the United States but of one of these States did not even pretend to have any title. The bill is to turn out of house and home have spent | parties by a deed. I verify what my colleague title to this ranch was clearly in Miranda. No one will now stand up to deny it. If, therefore, Valen

hundreds of thousands of dollars in surveying has said. There are settlements of the finest tine, wbo holds it, be not protected in his possession, the public lands covered by these grants. Is character upon these lands, which are of the the default will not only shock all sense of natural it right, after charging a man twenty-five, justice, but break the faith pledged by our treaty

best quality. There is a town of two or three with Mexico and violate the public law of the world.

thirty, forty, or fifty dollars, or may be one thousand inhabitants upon them, a well built, Your committee think, therefore, that the relief hundred dollars, for the survey of the land sabstantial town; there is property to the value asked for by this bill should be granted.

because it happened to be covered by an old of millions upon this tract, the title to which It is the interest of all parties that these few outstanding claims should be disposed of, and not left to

grant which had run out of date, is it right to this act proposes to revive in one individual. I cloud the possessions of those who may have settled

make him pay this and then $1 25 per acre, do not speak for my constituency, for I have upon any portion of the lands, If these claims, or and after he has got his patent and spent some no constituents where this land lies, but I speak any of them, are good, the faith of the nation is pledged by treaty to confirm them; if they are bad,

twenty-five or thirty thousand dollars--I bave on previous knowledge of this subject. Pass it will be so shown on the hearing, and they will be

known cases where men have spent hundreds this bill, and it steps in with this title of one rejected. The time has gone by when any but mer of thousands of dollars in beautifying their individual and deprives men of title which they itorious titles can be confirmed by the courts. But

places--is it right, after all this, to turn him bave from the United States. This is the simple 80 long as these outstanding claims exist there is no security thatlegislative relief will not be given sooner out of house and home; after, as I said before, state of the fact. or later, and a feeling of doubt and uncertainty must the Government of the United States publish Mr. STONE. I yield to the gentleman from continue.

ing that this was public land and could be taken Indiana. Mr. JOHNSON. I ask the gentleman from up by actual settlers ?

Mr. ORTH. I am opposed to the amendMaryland (Mr. STONE] to yield to me.

I appeal to the House to let the amendment ment offered by the gentleman from California Mr. STONE. I yield five minutes to the

be adopted for the protection of the actual set in the shape of a proviso to this bill. That gentleman from California, (Mr. Johnson.] llers. While I do this, I admit the equity of proviso seems to recognize rights acquired

Mr. JOHNSON. I desire to offer an amend. this class of grant holders in the bill. If, be under the homestead or preëmption laws of ment.

cause of the laches of parties in not presenting the United States upon the lands embraced Mr. STONE. I yield to allow the amend

their claim according to the law they have lost within this Miranda grant.
ment to be read.
their claims, then they should ask the liberty

Now, Mr. Speaker, as I understand this
Mr. JOHNSON. The amendment which I of taking other public land elsewhere instead

matter, it is exceedingly plain and simple, not desire to offer is to add the following proviso: of this. That would be just and proper; bat only so far as the treaty rights of the Miranda Provided, That all persons who, previous to the

it would not be just and proper, on the con claim are concerned, but so far as the adjudi. passage of ihis act, have acquired any valid right or

trary, to turn all these settlers adrift after they | cation of these rights are concurred in by the title ro any of the lands embraced within the provis have expended thirty or forty million dollars | Supreme Court of the United States. By the ions of his act, under the preëmption or homestead laws or otherwise, shall be protected in their right. in improving their ranches.

treaty under which we acquired California we The SPEAKER. The gentleman's time has solemnly agreed with that republic to protect Mfr. Speaker, I had no idea that this bill expired.

her citizens in the enjoyment of all rights of was coming up to-day; otherwise, I should Mr. MULLINS. I ask for a minute.

property which they had under the republic have been prepared to discuss it. But even if Mr. STONE. I yield to the gentleman for of Mexico. Prior to that treaty Miranda, a I had come before the House much better preone minute.

citizen of the republic of Mexico, in 1887 acpared than I am, it would not have availed me, Mr. MULLINS. I rise for the purpose of | cepted a grant under the land laws of Mexico, because I am limited to five minutes' time. I opposing this amendment. Taking the ground | filed his petition, had a survey made, and was admit, Mr. Speaker, that those owning Mexi advocated by the gentleman who urges the || placed in possession of the lands. Thus matcan land claims in California who did not pre amendment, taking his argument yesterday that ters stood at the time of the acquisition of sent their claims to the land commissioners treaties were solemn-and he maintained that

California by this Government. After the acshould be protected in their claims, because doctrine urgently and defiantly almost, holding quisition of California, I think in 1855, the we agreed in our treaty with Mexico that we it over us in terroren-the gentleman's posi- United States Congress passed a law providwould protect such claims. But, Mr. Speaker, tion is untenable. Here is a treaty between ing for a commission to examine all titles in while I admit the justice of allowing these the United States and Mexico, solemnly rati California arising under that treaty. A Mr. gentlemen to prove their claims, I also recog. fied, which guaranties the rights of these par Ortega, who, I believe, was a son-in-law of nize the rights of the settlers upon these lands ties who have these grants from the Mexican Miranda, the latter having died in the meanin the State of California, which seven or eight Government. Now the gentleman comes in time, got up a forged title to the claim to this years ago became vacant and were declared

and says that because we have the power these property. While Miranda's claim was pendpublic lands by this Government, and were claimants shall be denied all the rights they | ing before this commission, and before the iaken up by actual settlers, the Government were guarantied under the treaty.

court in California, Ortega came in as a coun of the United States extending the public sur. The SPEAKER. The gentleman's one ter claimant, and so specious was the fraud veys over these lands. Every acre or nearly minute has expired.

which he had perpetrated upon the interest of every acre covered by every one of these grants Mr. JOHNSON. I only want half a minute.

Miranda, that even the commission and the bas been taken up by preemptors and settlers. Mr. HIGBY. I yield half a minute to my court were deceived, and it was not till afterNine tenths of all the land covered by these colleague.

ward, by the vigilance of the Attorney General grants have been entered by settlers, and patents Mr. JOHNSON. In regard to the treaties of the United States, the fraud was discovered, have been issued by the Govertiment of the Uni the gentleman speaks about I know be speaks and Ortega was driven out of court with his ted States. I say that these settlers have equities of them because he has no knowledge of the fraudulent claim. In the mean time, however, as well as the grant holders. And let me gay meaning of those treaties. We agreed to pro the statute of limitations provided for in the riglit here that if Congress intends to hold out tect these individuals in their rights, whatever act of 1855 expired, and Miranda was left withfalse inducements to ine hard-fisted yeomanry they may be; but they are inchoate. There

out any right to prosecute his claim under the of this country to go upon the public domain is a grant of land of three leagues within an provisions of said act; and the claim now rests and open up farms, and then by legislation exterior limit of thirty leagues ; it is to be upon its original right under the treaty. turn them out and give their homes to specu. located ; it is nothing; it is an inchoate title ; The SPEAKER. The morning hour has lators, this Congress had better be disbanded. it is an inchoate equity, to be protected and

expired, and the bill goes over till to-morrow I say that the passage of such an act as this brought about by the legislation of this Gov.

in the morning hour.
would be an outrage upon the rights of the ernment, This Government said, “Present
people in the State of California. There are, your claim within five years, and you shall

DEPUTY COLLECTORS.
perhaps, fifteen thousand farmers who would have your rights; after that, if you do not, you The SPEAKER laid before the House a com-
be turned out of house and home by the pas shall have none."

munication from the Secretary of the Treasury, sage of this act unless my amendment is Mr. MULLINS. The report is against you. suggesting an amendment to the pending allowed to prevail. I hope that this House Mr. JOHNSON. It is based upon a false appropriation bill allowing deputy collectors will never commit such an outrage upon the state of facts.

to receive pay for actual service performed; rights of settlers.

Mr. STONE. I yield now to thegentleman's which was ordered to be printed, and referred I admit, Mr. Speaker, that if we were cre colleague, (Mr. HiGBY.]

to the Committee on Appropriations, ating a new claim here the settler could not be Mr. HIGBY. Mr. Speaker, as early as 1863, interfered with, and that this amendment would

EXPENDITURES OF PEACE COMMISSIONS. in the Legislature of the State of California, be useless. But we are reëstablishing an old this question came up; Congress was taking The SPEAKER also laid before the House a claim, one that existed long prior to the entry action on the subject; the Legislature memo communication from the Secretary of the and patent of these lands. I hope that the rialized Congress to take no further action; Treasury, trausmitting, in compliance with House will allow this amendment to be adopted. there was an investigation there, and it turned House resolution of the 22d ultimo, vouchers on It is proper and just; and it is law, if there is out between Ortega and Miranda there was file relative to the expenditures made by the any virtue in acts of Congress heretofore passed, supposed to be a title, but by some manage peace commission acting under the act of Seven or eight different congressional enact ment between them they did not procure a title, July 20, 1867, relative to certain hostile Inments have been made to induce settlers to go and the statute of limitation expired before dians. upon those lands. By, I believe, eight different Ortega, if he had any, perfected his title. I On motion of Mr. COBB, the communicaacts of Congress these lands bave been declared II know all about this transaction. In some of tion was referred to the Committee of Claims.

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NIOBRARA TOWNSHIP,

and the Secretary of the Navy has addressed some of them return it may be difficult to obtain The SPEAKER also laid before the House

a communication to the committee asking for & working quorum after the Fourth of July. a communication from the Secretary of the this action.

Mr. WASHBURNE, of Illinois. I give Interior, transmitting an estimate of appro

The joint resolution was ordered to be en notice that for the present I will object to any priations to pay demands sustained by settlers grossed and read a third time; and being en more indefinite leaves of absence being granted. in Niobrara township, Nebraska, by reason of grossed, it was accordingly read the third time,

FREEDMEN'S AFFAIRS. locating Santee Sioux Indians on their lands

and passed. in 1866; which was ordered to be printed, and Mr. COOK moved to reconsider the vote by

Mr. ARNELL, by unanimous consent, subreferred to the Committee on Appropriations. which the joint resolution was passed; and

mitted the following resolation; which was read, also moved that the motion to reconsider be considered, and adopted : LEAVE OF A BSENCE. laid on the table.

Resolved. That the Secretary of War be, and is Leave of absence for one week was granted The latter motion was agreed to.

hereby, directed to communicate to this House the to Messrs. NICHOLSON, Boyer, and ARCHER;

reports of Major General Carlin for the past six

Mr. BANKS, by unanimous consent, pre. months relative to the condition of freedmon's affairs and indefinite leave of absence to Messrs. sented resolutions of citizens of Charlestown,

in the States of Tennessee and Kentucky.
CARY, KETCHAM, and FERRISS.
Massachusetts, protesting against the erection

PURCHASE OF ALASKA.
TARIFF BILL.
of the bridge ; which were referred to the Com-

Mr. WASHBURN, of Wisconsin. I now Mr. BANKS. Before moving to go into mittee on Roads and Canals, and ordered to

insist upon the regular order. the Committee of the Whole, I will yield to be printed.

Mr. BANKS. I move that the rules he sas. the gentleman from Pennsylvania.

LEAVE OF ABSENCE.

pended, and that the House resolve itself into Mr. MOORHEAD, by unanimous consent, Mr. NEWCOMB asked and obtained indef. Committee of the Whole on the state of the reported from the Committee on Ways and inite leave of absence after to-day.

Union on the special order. Means a bill (H. R. No. 1345) to increase the

The motion was agreed to. revenue from duties on imports and tending

TIH SUTRO TUNNEL,

The rules were accordingly suspended; and to equalize exports and imports; which was Mr. ASHLEY, of Nevada, by unanimous the House resolved itself into the Committee read a first and second time, and ordered to be consent, presented communications from the

of the Whole on the state of the Union, (Mr. printed, and referred to the Committee of the Secretary of the Treasury and the Secretary Whole on the state of the Union, of the Interior concerning the bill (H. R. No.

Garfield in the chair,) and resumed the conMr. MOORHEAD. I move that it be made

sideration of the special order, being House 1153) asking aid for the construction of the

bill No. 1096, making an appropriation of the special order for Friday next after the Sutro tunnel; which were ordered to be printed morning hour, and from day to day until dis with the report of the Committee on Mines and

money to carry into effect the treaty with Rus

sia of March 30, 1867. posed of. Mining accompanying the bill.

The CHAIRMAN. The gentleman from The SPEAKER. Tbat motion requires

ORDER OF BUSINESS.

Wisconsin (Mr. WASHBURN] is entitled to the unanimous consent.

floor. Mr. MARSHALL. I object. Mr. WASHBURNE, of Illinois. I desire

Mr. MAYNARD. It will be recollected that Mr. MOORHEAD. I then give notice that to give notice that to morrow, if the Alaska

when the committee rose last night I had the after the Alaska matter is disposed of I shall

bill shall not be disposed of, I shall move to move to lay aside all other business in order postpone it for the purpose of taking up the

floor. My purpose was to address the commit

tee on the same side upon which two gentle. to reach this bill.

appropriation bills. Mr. KOONTZ. I hope the gentleman from

Mr. BANKS. Till what time?

men had previously addressed the committee. Illinois will withdraw his objection.

Mr. WASHBURNE, of Illinois. Until next

I prefer, however, that the

gentleman from WisMr. MARSHALL. No, sir; I cannot. week.

consin, (Mr. WASHBURN,) who represents the Mr. BLAINE. I understand that the chair

views of the minority of the Committee on BRIDGE IN BOSTON HARBOR. Mr. BANKS. I yield for a moment to the

man of the Committee on Foreign Affairs ( Mr. Foreign Affairs, or the gentleman from lowa Banks] does not object to that.

[Mr. PRICE] shall first address the committee. gentleman from Mlinois, ĮMr. Cook.]

Mr. BANKS. With the understanding that

The CHAIRMAN. By unanimous consent Mr. COOK, by unanimous consent, from it shall preserve its place as a special order I

the House on yesterday ordered that when the the Committee on Roads and Canals, reported will not object; but I would like to have the

consideration of this subject was resumed by a joint resolution (H. R. No. 321) in relation consent of the House that the vote on the bill

the Committee of the whole to-day the gentleto the erection of a bridge in Boston harbor; shall be taken on Thursday of next week,

man from Wisconsin (Mr. Washburn) should which was read a first and second time. after the reading of the Journal, without debate.

be entitled to the floor. The joint resolution provides that the Sec. Mr. WASHBURNE, of Ilinois. Let that

Mr. PRICE. And unanimous consent was retary of the Navy shall detail two competent | be the understanding.

also given that I should take the floor at the and impartial officers of the Navy, and the Sec

Mr. WASHBURN, of Wisconsin. Dolunder

conclusion of the remarks of the gentleman retary of War shall detail a competent and

from Wisconsin. impartial officer of the engineer corps, who

stand that wben the bill comes up to be voted
on the resolutions reported by the minority of

The CHAIRMAN. The gentleman is cor. shall compose a commission whose duty it

rect. shall be to make a careful examination of the the committee will first be voted on?

Mr. MAYNARD. I understand that I hold harbor of Boston and shall report to Congress chairman of the Committee of the Whole on

The SPEAKER. That is a question for the

the floor from last night, and I do not know at its next session in what manner the com.

that it can be taken from me without my consent. the state of the Union, and not for the Speaker. merce of said barbor and the interests of the

Mr. BANKS. There will be no objection

The CHAIRMAN. The House by unani. United States in the navy-yard at Charlestown will be affected by the construction of to voting on any proposition that properly

mous consent yesterday ordered that the gen;

tleman from 'Wisconsin (Mr. WASHBURN) a bridge over the water between the main land belongs to the subject.

Mr. BLAINE. Is it understood that to

should be entitled to the floor this moming, in the city of Boston and East Boston, in the

and the Chair will be compelled to carry out manner provided in an act of the Legislature | the Whole on the deficiency bill ? morrow the House will go into Committee of

that order, notwithstanding the gentleman of the State of Massachusetts entitled "An

Mr. BANKS. Yes, sir.

from Tennessee (Mr. Maynard] had the floor act to incorporate the Maverick Bridge Com

when the committee rose last night. pany," and no bridge is to be erected by the deficiency bill, and the amendments of the Mr. WASHBURNE, of Illinois. On the

Mr. WASHBURN, of Wisconsin, then adsaid company across the said water until the Senate to the legislative appropriation bill.

dressed the Committee of the Whole for two assent of Congress shall be given thereto.

The SPEAKER. The understanding is that

hours. (See Appendix.] Mr. COOK. I will explain the resolution in a ininute or two. the vote will be taken on the Alaska bill and

At the expiration of the second hour, Mr. BANKS. I reserve the right to claim Thursday of next week, after the morning hour. amendments in Committee of the Whole on

The CHAIRMAN said: The second hoor

of the time allowed to the gentleman has ex. the floor if the debate goes too far.

pired. Mr. COOK. A bill giving the assent of

Mr. WASHBURNE, of Illinois. I hope it Congress to the erection of a bridge across Boswill be the general understanding that if there

Mr. ORTH. I understood the extension of ton harbor under the charter granted to the Mavare any members who desire to speak to night

time to the gentleman to be indefinite. erick Bridge Company by the Legislature of the Committee of the Whole shall be author

The CHAIRMAN. The Chair construes Massachusetts was referred to the Committee ized to take a recess from half past four to half

the extension of time, under repeated decison Roads and Canals. On examining the ques. past seven this evening, the session of to-night | ions of the House, to be for one hour unless e tion, the committee found that in the opinion to be for debate only on the Alaska bill.

shorter time is named. of the Secretary of the Navy, the chief of the No objection was made.

Mr. WASHBURN, of Wisconsin. I have engineer corps, and the officers attached to

been speaking with the understanding that my

LEAVE OF ABSENCE. the Coast Survey connected with the harbor Mr. VAN TRUMP asked and obtained leave certain points in the speech of the gentleman

time was extended indefinitely. There are of Boston, this bridge would be a very great of absence for six days. injury to the commerce of the harbor, and also Mr. TABER asked and obtained leave of

from Massachusetts (Mr. Banks) that I must would injure the interests of the United States absence from Thursday of this week until Tuesin the navy-yard at Charlestown. Under that day evening of next week.

The CHAIRMAN. The rule explicitly states charter granted by the Legislature of Massa The SPEAKER. The Chair desires to state

that an indefinite extension of time shall be chusetts ihe committee believe that this bridge to the House that so many members have ob

construed to mean not more than one hour. may be erected, unless Congress shall interfere, Il tained indefinite leave of absence that unless ll time be extended thirty minutes.

Mr. RAUM. I move that the gentleman's

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answer,

The CHAIRMAN. That requires unani should not be carried out unless something | WASHBURN,) went up the coast last spring; mous consent.

else was done, then the Chair would consider | they stopped in the little bays and inlets, looked Mr. STEVENS, of Pennsylvania. I think it out of order

at the hills and shores, and never touched land somebody else ought to have a chance to talk Mr. PRICE. If there be no objection, I || in each hundred miles of their voyage ; they ten minutes. I object to any further exten will now yield to the gentleman from Wiscon- | then said of California that it was worthless; sion of time.

sin (Mr. WASHBURN) for five minutes; but I no arable land; could not sustain a population, The CHAIRMAN. Objection is made. The do not want it to come out of my time. and all other objections similar to those now gentleman from Iowa (Mr. PRICE] is entitled The CHAIRMAN. That requires unani | urged by the gentleman from Wisconsin against to the floor. mous consent.

Alaska. Why, Mr. Chairman, when a vessel Mr. MYERS. I ask that the gentleman's Mr. MALLORY. I object.

engaged in the Coast Survey, the Active, was time be extended fifteen minutes.

Mr. PRICE. I now yield a few minutes of || in Humboldt bay in 1852, or about that time, Mr. HIGBY. I object. The result of this my time to the gentleman from Ohio, [Mr. the officers could not get to see the sun sutipractice of extending the time of gentlemen || Mungen.]

ciently to take an observation for two weeks. is to crowd out many others who desire to be Mr. MÚNGEN. In order to relieve the This can be proved from the records of the heard.

apprehensions of the gentleman from Wiscon Coast Survey, and by the testiinony of gentleThe CHAIRMAN. Objection is made, and sin, (Mr. WASHBURN, ) as well as others who men now in this Capitol. We were told that the gentleman from lowa (Mr. Price] will pro may honestly, perhaps, think as he does on the whole of California was worthless, barren, ceed.

the subject of this appropriation, I am author- sterile, rocky, humid, and utterly useless, just Mr. CULLOM. Could not the gentleman ized by gentlemen abundantly able to fulgll it, what gentlemen now say about Alaska; and from lowa yield to the gentleman from Wis to make the following proposition, provided more than this, these gentlemen now use the consin a few minutes.

sach an arrangement can be legally effected, very arguments then used by those who were Mr. WASHBURN, of Wisconsin. I only | of which I have but little, if any, doubt. The opposed to California. want ten minutes. proposal is :

By accepting this treaty we cage the British Mr. PRICE. I have already agreed to yield That a company of gentlemen will, within lion on the Pacific coast; we cripple that great portions of my time to three or four gentlemen. twenty days from and after the date when and grasping monopoly, the Hudson's Bay

Mr. HIGBY. I will withdraw my objection | Congress assents to the proposition, pay into | Company, who, as long as we have been a so far as to allow the gentleman to speak ten the T'reasury of the United States the sum of Government and a nation, have monopolized minutes louger.

$10,000,000 in gold for the territory of Alaska; almost exclusively the fur trade of North Amer: Mr. MALLORY. I renew the objection. these gentlemen taking the fee simple therefor || ica, enriching themselves and the British Gov.

The CHAIRMAN. Objection is made to and leaving the right of eminent domain in ernment at the expense of what ought, and granting any more time to ihe gentleman from the Government of the United States.

justly does, belong to the American people. Wisconsin. The gentleman from Iowa wili Gentlemen cannot, on pecuniary grounds, But it is said there are no fish in the seas off accordingly proceed or surrender the floor. object to this proposition, for it leaves a clear the Alaska coast. The man who makes that

Mr. PŘICE. I yield to my colleague (Mr. net profit of $2,800,000 in gold in the Treasury statement hazards a great deal as it regards LOUGHRIDGE] to move an amendment to this of the United States, growing out of and the his credibility. If that were so, why would bill.

direct result of this treaty. The gentleman New Bedford and other Atlantic towns and
Mr. LOUGHRIDGE. I move to amend from Wisconsin (Mr. WASHBURN] says in proof cities send out their whaling expeditions ?
thiş bill by inserting before the section it now of the worthlessness, sterility, barrenness, and California sends out her millions of treasure
contains the following preamble and section: humidity of Alaska, that he brings “official in “bright and shining gold' each year; her

Whereas the President of the United States, on the reports to sustain him. Does the gentleman exports of wool are enough annually to clothe
30th of March, 1867, entered into a treaty with the claim that Campbell's poem, “The Pleasures her inhabitants five times. When the Active
Emperor of Russia, by the terms of which it was stip-
ulated that in consideration of the cession by the

of Hope," written, beautiful as it is, by an Eng. was engaged in the Coast Survey potatoes cost
Emperor of Russia to the United States of certain lishman, who never saw Alaska, nor, so far as from fifty cents to a dollar and a half per
territory therein described the United States should I know, even the continent of America, except pound; the flour was all brought from Chili,
pay to the Emperor of Russia the sum of $7,200,000 in
coin; and whereas it was further stipulated in said

to visit the little village of Wyoming, in Penn. and everything else upon which men subsist treaty that the United Statessball accept of such ces sylvania, a poem clearly and evidently the was very costly. Now that saine California sion, and tbat certain inbabitants of said territory

mere creature of Iris imagination, is an official feeds a large portion of the population of the shall be admitted to the enjoyment of all the rights and immunities of citizens of the United States; and

report? He quoted largely from that some Pacific coast and islands. The same is true whereas the subjects thus embraced in the stipula time since against this bill. Many more of of Oregon and Washington Territory, although tions of said treaty are among the subjects which by his authorities and references are of a char their resources are not nearly so fully develthe Constitution of tho United States are submitted to the power of Congress, and over which Congress

acter entitled to no more credit in a scientific oped. So it will be with Alaska. has exclusive jurisdiction; and it being for such rea or geographic point of view than is “The Some gentlemen are extremely economical son necessary that the cousent of Congress should be

Pleasures of Hope;"' yet he says he relies on on everything except negro bureaus and wiligiven to the said treaty before the same can have full force and effect, having taken into consideration the

official reports. If I am not mistaken, the tary despotisms over the southern States. They said treaty, and approving of the stipulations therein, same authority in the same poem speaks of can establish free schools for the juvenile Afrito tbe end that the same may be carried into effect: tigers and other tropical animals infesting the cans of the South to the exclusion of the poor Therefore, Sec. 1. Be it enacted by the Senate and House of Repshores of Lake Erie.

starving white orphans. They build a college resentatives of the United States of America in Congress Without stopping to discuss the treaty-mak. here to educate the colored cuss from Afassembled, That the assent of Congress is hereby given | ing power from a constitutional point of view, rica,” but they cannot give a few dollars for to the stipulations of said treaty.

it is enough to say that by the Constitution the Mr PRICE. I now yield to the gentleman treaty-making power was vested in the Execu.

the territory wbich, with its gigantic forests, from Massachusetts [Mr. Eliot] to offer an

its rich mineral resources, its inexbaustible tive by and with the advice and consent of the fisheries, and beds of hard (not soft, as claimed amendment. Mr. ELIOT. I move to amend this bill by || and balances recognized in our system of gov.

Senate. Under the beautiful principle of checks by the opponents of this bill,) coal will furnish adding to it the following:

homes and occupation, competence and wealth ernment, where each department exists inde for millions of our people for ages to come. Provided, That no purchase in behalf of the United

pendent of the other, so far as its peculiar The climate of Great Britain is as humid as
States of foreign territory shall be hereafter made
until after provision by law for its payment. And it functions are concerned, yet all are so blended that of Alaska. In California, at times, they
is hereby declared that all powers vested by the Con as to work in perfect harmony and accord, the do not see the sun for days, yet vegetation
stitution in the President and Senate to enter into

wisdom of
treaties with foreign Governments do not include the
power to colaplete the purchase of foreign territory

its juice, the mine
before the necessary appropriations shall be made sworn to support that Constitution I recognize | quicksilver, the forest its treasures, and the
therefor by act of Congress.

the right of the Senate and the Executive to coast, the rivers and lakes their finny contribuMr. BANKS. I rise to a point of order.

make treaties with foreigo Powers on all proper tions. So it will be with Alaska under the Mr. ELIOT. I hope the gentleman will not subjects. This Alaska matter is one of the rule of the hardy and energetic people who, object to this provision being incorporated in subjects intrusted entirely by the Constitution from our own more densely populated States, the bill as reported by the committee.

to the Executive and the Senate as I understand will seek its shores and valleys and make them Mr. BANKS. I must object to the amend. the subject; as much so as the appointment of their homes. ment of my colleague, (Mr. Eliot.] It is not a minister or a consul to a foreign port or The Russian diplomats are far-seeing and germane to the bill. The bill before the com country. As well might we propose to with shrewd. They know, as does every man who mittee is to carry into effect a treaty, while the hold pay of our minister to the Court of St. is a close observer of history, that the muscles proposition of my colleague is general legisla. Petersburg or St. James, who was appointed of the British lion are weakening, his growl or tion, as is also the proposed aniendment of the and sent there by the Executive and the Sen roar is not so terrific as formerly ; that the gentleman from Iowa, (Mr. LOUGHRIDGE.] ate, as to withhold an appropriation to carry Government of that country is on the wane. The CHAIRMAN. The Chair overrules out a treaty so important as this one.

Russia would be our firin ally to-day in a war the point of order. The treaty is not inter But my proposition completely answers nine with England. It cost England an immense fered with, so far as the amendment offered by | tenths of the objections to this treaty made by || sacrifice to retain her foothold in India, even the gentleman from Massachusetts [Mr. Eliot the opponents of the measure.

against the Sikhs unaided by any foreign Power. is concerned. That amendment is in the nature How was it with California when our Gov. What would have been the result bad the Rusof a declaration of opinion by this House in ernment obtained it from Mexico? We were sian bear stepped in and laid his paw on India regard to the subjects of treaties. If it went told by men who, like the gentleman referred at that time? Answer is unnecessary. Eng. 80 far as to make it conditional that the treaty to by the gentleman from Wisconsin, (Mr. ll land's star has passed its zenith. Russia will one

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