Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-11-05
COL. FREMoNTs LAND CLAIM.
United States District Court for tho Northern District 81
Hfortaid

United States District Court for tho Northern District cS
| tforRia.
United States appellants versus John Chas Fremont
John Charles Fremont by his attorneys, makes this his
amended notion and the Court that the appeal
herein be dismissed for these reasons
l. That such appeal has not been brought perfected
according to law, in this
/. That the act of Congress, approved Sd of March
1851 entitled An act to ascertain and settle the private
land claims in California provides time and mode in
which the decisions of the commission by said act
ted may be reviewed. the provisions OF which act
duly accepted by the claimant said Fremont by the pre-
sentaon and subsequent prosecution of his claim be-
fore the said commission whereby he became entitled to
oil the benefits of said act of Congress- and that the de-
csion OF said commission in his favor should DO final
confirmation Of his said claim unless proceedings for
review Of the same were commenced and prosecuted in
the time and manner prescribed by said act and such
proceedings have not been commenced and the time
within which they might have been taken has elapsed.
2 That in particulars not altered proposed to have
been altered By any subsequent act of Congress said
peal has not been brought perfected according to- and
the proceedings herein are not in conformity WITH the
provisions of said act of Sd of March, 1851 with law
D. That this appeal is in derogation of the rights of
the claimant secured to him by the treaty between the
United States and Mexico commonly called the treaty Of
Guadalupe Hidalgo, and proceedings hereunder
A. That it is in derogaton Of his rights under COM
pact with the United States existing by virtue of said
treaty, the said of Sd March, 1851 enacted to carry
into execution the said treaty. and the claimants accep
tahce of the terms OF said act.
s. That by operation Of law, and the stipulations of
said act Of 3D. March, 1851 the decision of said commits
sion in this has become final in favor of said claim
ant, and is not open to review appeal.
H. That this Court has not jurisdiction of said appeal
Because:
L. In order to any jurisdiction or cognzance of
the proceedings decisions of said commission it is
quired that petition be presented to the Court and
copy thereof served the adverse party praying said
Court to review the decision of said commission and the
has not been done, and the time within which it
might have been done has elapsed.
2 That there provisions lawfully established by
which the decision of said commission in this be
brought within the jurisdiction of this Court to pre-
vent the rpenng of the into decree of final confirm
aon other than those set forth said Of 3D. March,
1851 and said provisions have not been complied with
g. That the appeal has not been preceded, brought
perfected by due process.
That there provisions of law by which an APP
peal will lie from Tic decision of said commission herein
g. That this Court has appellate jurisdiction over
the of this appeal nor are the parties pro-
perly brought before it,
g. That the said commission is not court established
under the ls and I'd sections of the Sd article of the Con-
stuton of the United States the tenure of Office of said
commissioners not being that of good behavior but at
the viii Of the President Of the United States and their
jurisdiction special; and tina. the claimant has not
sented to have his rights tried heard other than by due
course of law and the constitutional tribunals of the
country except by and to the extent of his acceptance
of the terms Of said act of Sd March, 1851 and this APP
peal not brought prosecuted in accordance with said
act his said consents and he protests against and
that this court shall take jurisdiction of any appeal herein
T. That the said act of Sd March, 1851, is not law
enacted by Congress in its legislative giving
pacity but is in the nature Of proposal made under it's
administrative and fduciary powers, custodian and
agent for the disposition of the lands and other property
of the United States according to the 4h article Of the
CONSTITUTIONS the acceptance of which proposal by this
claimant made the same contract, in respect differ
ing from like contract between individuals and not
be varied departed from by either without the
of the other and this appeal is not brought according
to the terms of said proposition and contracts and this
claimant being of the parties thereto has not
sented and protests against and does not consent
any variance of departure from the same this
Court taking jurisdiction of this appeal.
8. That the said Commission is not part of the Judi
cary of the United States established by Congress in
its legislative or awgiyng capacity, or by the Govern
ment of the United States in its political governmental
capacity but is special tribunal, established in pur-
of the administrative and ducary powers of Con-
gres custodian and agent of the lands and other pro-
pery of the United States, and has jurisdiction and
consequently appeals other process lie FROM
except by consent and consent, express implied,
has been given to this appeal
g. That this Court cannot have appellate jurisdiction
from tribunal constituted otherwise than according
sections and Of article Sd of the Constitution unless
by consent and such consent is not given in this
10 That this Court has appellate jurisdiction under
the constitution and laws of the United States.
Wherefore said claimant prays that said appeal be dis
missed, and that decree order Of final confirmation Of
his said claim with order of survey of the same be
made according to the provisions of the said approved
Sd Of March, 1851. By his attorneys,
JONES s STROBE,
Survivors of Jones, Tompkns Strobe.