The miners' express. (Dubuque, Iowa) 1849-1854, 1850-06-05
Land Titles VS.. Squatters.
SACRAMENTO CRY, Jan. &c, 1850


To the Editor of the "Placer Times:
"Fiat justit,a, ruat coclum. Let justice be
done though the Heavens fall
SIR: Feeling deep interest in the prosperity
of our city, hope shall not deemed be imper.
tinent in submitting few remarks in reference
to subject which has more to do with its pre-
sent and prospective condition than any other
need hardly say that allude to the exciting
question of title to lots. 1t so happens that my
residence Tor several was on the spot where the
city of Dubuque, Iowa, now stands The rapid
ity with which that place increased was so great
that considerable town had sprung up there
before the u S. Surveyors had run single
section line in that part of the country. The
whole of the ground upon which the town stood
was covered by a Spanish grant; and covering
this again, was the presumption claim of one Of
the first settlers, who went upon the ground as
agriculturist. This person fenced and cultva
ted farm of much greater extent than would
have been secured to him, under ordinary circum
stances, beyond all question, the right to have
"entered' quarter section of land at 81 ,2o pei
acre; and he used his best eXcrtions to do SO il
the present instance. Under these crcumstan
ces, the citizens the town applied to Congress:
for special law securing justice to oil person:
interested.
| Accordingly a law was passed, under the pro
visions of which the following results were had
l. One mile square was laid out in lots. 9
Every occupant of one of these lots was allowed
to ssentcr' it, at price merely nominal. 3. AL
lots remaining unclaimed by occupants were
sold, and the proceeds applied to the improve
ment of the streets, harbor, &c. of the town.
The law referred to embraced several othe
towns in Iowa and Wisconsin, similarly circum
stanccd, excepting that the Spanish claim men
toned covered those of Dubuque and Peru.
This claim has been urged upon Government
in every possible way, backed by powerful inter
ests and unlimited appliances, for the las
twenty years or whereabouts; but SO far il
| vain.
But to compare the case of Dubuque with
that of our own city. 1t appears that Congress
not only refused to confirm the alleged Spanish
grant, but directly violated the letter of all for
mcr presumption laws, in refusing to allow the
individual who had first fenced, cultivated and
resided upon the land, to 'senter' single foot OF
it as farm ground. But in violating the letter
of the law, they preserved its spirit. The ave-
rage value of single town lot was regarded as
equivalent to that of quarter section of wild
farm land, and as the genius of our Democratic
Government recognizes no privileged classes
among American citizens, Congress availed it.
self the first opportunity which circumstances
had ever afforded of practically illustrating its
disposition to secure to every resident of town
or village situated upon Public Land, no less
than to the husbandman on his farm, his alone
Sweet Home 1t is therefore with every con-
fdence of our ultimate success that | respect.
fully suggest to my fellow citizens the expedien-
cy and proprety of Immediately asking Congress
to pass a law, applying to the City ofSacramento
similar to the one above referred to; honorable
regard being duly had to the principle of equita
BILE compensation to Capt Suffer, for the loss
if any, which he might sustain, in view of all the
circumstances of the case.
Very Respectfully your obi servt.
JOHN PLUMBE
Surveyor and Register Sacramento City Set
tiers ASH. Another:
OFFICE SACRAMENTO c. SETTLERS ASSOCIATION. ,
March ID, 1850. :
"Capt John A. Suffer, by an advertisement
in the "Placer Times declares to the world that
all his land in California lies north of latitude
39 deg. 4l m. 80 sec. Gov. Alvarado grants
but only conditionaD to one MIR. Augustus
Suffer- certain lands lying north oflat. 80 deg
80 min. 36 sec. Sacramento City, according to
Col. Fremont, is in lat. 38 deg "a min. AZ sec
consequently the land on which it is laid out
is. several miles south of any claim which as yet
appears to have been set up by Capt. Suffer;
and, therefore, it would seem that every person
has the same right to occupy and claim portion
of this ground that he would have anywhere
else upon the Public Domain"
JOHN PLUMBE.
Surveyor and Register S. &. S. A.