Page:Stryker's American Register and Magazine, Volume 6, 1851.djvu/73

History of 1851— United States. 67 doctrine has been applied to the Commonwealth in this country—time does not run against the Commonwealth. That was the doctrine of the civil code."

Mr. Underwood went on to say that "the section as it now stands really makes provision in regard to this particular subject to as great an extent as any provision ought to go. The section as it stands, says:

That the comissioners herein provided for, and the district and supreme courts, in deciding on the validity of any claim brought before them under the provisions of this act, shall be governed by the treaty of Guadalupe Hidalgo, the law of nations, the laws, usages, and customs of the government from which the claim is derived, the principles of equity and the decisions of the Supreme Court of the United States as far as they are applicable.'

"Now, it is manifest, it seems to me, from that expression, 'laws, usages, and customs,' that if there be any law in California, or any law in New Mexico or Spain, under which these titles to be set up are derived, that would authorize a possessory right for any limited time to give a complete title to land; it is provided for here. Whatever law under which these titles are derived secures that title to individual claimants, whether it be by prescription, whether it be by grant, whether it be by possession for a definite number of years as contradistinguished from preemption—'the memory of man running not to the contrary'—whatever it be, if it gives a title according to the laws of Spain, Mexico, or California, why, this section says it shall be respected by the commissioners. And this relieves us, you perceive, from going into the inquiry whether one, ten, or twenty years shall constitute the prescription necessary to confirm the title as between individuals."

Mr. Soulé offered an amendment in lieu of the one offered by Mr. Benton, and which the latter accepted. It was as follows:

"Provided, That possession in good faith, within determined metes and boundaries, during twenty years, shall be deemed prima facie evidence of a complete grant against the government."

Mr. Gwin, although he had originally inserted the proviso now asked for, in his own bill, said that, on reflection, he was now opposed to it, and remarked:

"Twenty years' possession of lands with proper metes and boundaries gives a title, not only against every private adverse claimant in possession less than twenty years, but even against the government; that is to say, a claimant twenty years in the possession of a tract of land of unlimited extent is to be made good against all claims of subsequent date emanating from the proper authorities of Mexico. I will more fully illustrate my