The weekly Placer herald., 1853-10-15

venience TO the city. and a positive desri.
ment to commerce, as the overhowed
lands Of the San joaquin valley is to agri-
culture. PolIard's claim was on this fat,
and persons under the authority OF the
State of Alabama and in defiance Of Pol
lard's rights took possession OF 1t, and out
ct this grew q humber OF suits, which
ultimately found their way into the SUI
pteme Court Of the United States, one Of
which was decided in favor of the Ala
bama title--aIl the rest against it.
Ii was not the State contendlng against
the Federal Government, but individuals
induced by their cupidity pleading the
sovereignty of Alabama in support of
their title. They did not urge that the
State could convey lands under the river
where it was at all times navigab:e but
only such lands as lay between high and
low tide. All the Court did was to main
tain the defendants in their possession, OF
property between high and low tide, and
they were not unanimous at that, so tue
right even that far, does not seem beyond
dispute as some have supposed.
Taking then the fact as fixed in that
case, viz. that lands lying between high
and low tide mark, may be disposed OF
on the principle that the State hy right
of sovereignty possesses eminent DOMAIN
in it, and that the necessity has arisen
when the exercise of that right is proper,
how much can the State proper lay
claim to-why at no point more than three
squares, commencing at Montgomery st.
and most of the city front much less.
If we keep within this natural bounda-
ry, we have something d finite to ealcu-
late upon-step beyond this and you are
literally at sca-you're af1oat, and drifting
in the current Of opinion, governed by nei-
ther compass or buoy, and are as Likely to
land tinately at Contra Costa, rs where
nature and commerce PAGES the line.
And this is the only parallel that cnn pos
sbly exist, between the facts in POllard's
Lessees Us Hagan ct al, and the harbOr Of
San francisco, then, if the State can
extend the city front twenty rods beyond
low tide mark, the same principle i'd good
two miles or FIVE It's u mere matter of
opinion, as we have seen, whether the
extension to any given distance, is an in
Jury to the harbor or not--one party as
serting that it is, and another affirming in
equally as post terms that it is not,
and, rs 4 matter of course, whichever side
has the power use it for the Il e being.
Since the commencement of these es-
says, a notice has appeared over the sig
natures Of the L. S. District Attorney and
the Collector of the Port, warning all
persons from purchasing under the State
Com nssioners, certain property in the
4 Il IA.l tE<a
"west by Montgomery street, north by
Jackson street, on the east by the ism'ts
Of the torn or deep water, and on the
south by Washington street" The State
by the act Of '53, excepted, in favor of
the United States, the property bounded
by Sausome, jackson, Battery and Wash
ingIon streets, from sale; but Uncle Sam
" on't stand i,-he insists on getting into
deep ,catcr.
he claims il, hecausa il was laid OFF for
r specinl purpose, before the organization
of the State. when it WAS all his own, and
no living soul could say nay to it.
WHY, what AN unreasonable old fogy
you are-don'i you know, that if you can
claim thu, much, your right Is good to the
whole! You can t have the land between
high and low tide because of the decision
in Pollard's case, and your claim is not
good below low tide, because this glorious
prime pie of eminent domain has confer
red the title to that upon the State like
wise if you had been wide awake you
would have had Congress place it in the
hands of some individual before you re-
ceiveL us into the family, 70 hold in trust
for you-for fixed private rights we don't
not fast enough for these
times, venerable Uncle. You must have
a guardian, or stand the dtddi ng.
My patient reader, am about to close
upon this much discussed subject. you
have followed me through, from No l. to
this, think you must agree with me-
that neither by positive contract, nor by
the rules of equity, reason or justice, can
the State of California claim tit 9 in the
lands of the harbor Of San Francisco.
COUNSEL.
The Mammoth Sewing Society
or the reinstatement OF