The Shasta courier., 1853-08-20
Important Decision i'm the e. y District
Court.

case OF the greatest importance to persons
who have squatted upon lands claimed BY other
parties under Spanish grants, was decided in the
7. ). District Court a few days since. This be-
Jug the first case appealed from the Land Com
,mlss;eners 10 that Court will of course stand as
- prt'eden', unless the Supreme Court on ap-
peal OF defendant refuse 10 sustain the ruin.
of the Court below, and the finding of the Jury
This was an action of ejectnent, brought by
Gen Persifer +. Smith against James Dorland
The plaintiff claimed to be the tigh,ful owner
,oi lot No. - of The Ranch of Sisun, alleged 10
lrave been granted by Governor OF California
10 Solano, an Indian. from whom il was obtained
by purchase 10y Gen. Vallejo, who subsequently,
sold the same to the plaintiff The defendant.
on the other hand, had settled upon portion o
,!he land covered by this grant, under the pre-
.;.nption laws Of the United States and contest
ei .he original title on the gronud Of the invr-
lidity and inchoainess of the grant.
The several objections to The validity Of III,
grant failing to be sustained BY The Court. and
Ills Honor, Judge Hoffman, having INSTRUCTED
The j;p4.s i'inat the grant having been made by
due authority, divcsred The Mexican Govern
ment of The title, and, in conjunction with tie
jniislicaI possession, duly given cc.stltuied Ii,
complete legal tile to iht iand aud consequent
yly would sustain the action;7 and, furihermore.
that they were to judge what damages should
be allowed for The 0,csne profits of The land
from the lime of the defendants enry''-and
"'l.a' if hey coud determine upon any amount
as 'be damages for The nesae profits Of the land
they might deduct from such amount the value
ot he permanent improvements, if they be
iieVed they were made by the defendant il
good ihlh," that body found for the plaintiff
for ihe land claimed, and $500 as damages for
The mene profits
SpealIins Of tl.is decision the Herald says:-
The result of this trial establishes the right
OF persons possessing legal title to lands de-
rved rom II Mexican grant, to recov er the pos
session OF inein Independent of any confiina-
ton of the grant by the United States To
equitable titles, under Mexican grants, patent
from the United States will be requisite This
is clearly IN accordance with the Constitution
and with the stpulations of the Treaty of Gnau-
ninpe Hidalgo Under that treaty, the United
States acquired the ri chts of Mexico and assnln-
ed lis duties. To lands uf the title to which the
Itself, the United States acquired no right and
consequently can give nnne. Any action on the
part OF The Government in regard to them is su
ptrerogalory."
il this be so, then we cannot see of what pos
sible use is the Board of Land Commissioners
Ihe Federal Government appointed this Com
mission-and it is now in session in San Fran
cisco-and fixed the period in which persons
claiming under Mexican grants mi gilt file THEN
claims before that body. All land, the claims
to which had not been filed, by fair interpre-
fation of law, we think is public land, and la
ble to be settled under the provisions of the
pre-emplon laws. But Judge Hoffman, by this
decision, arrogates 10 himself the power of the
COMMISSION, in opposition 10 the plainly ex-
pressed policy of the Federal Government, and
declares that the provisions of the Act requi-
ring lands, the claims to which had not been
filed within the time prescribed to be deemed
public land, ought not to be construed as com
pelling Court so &c declare itwhen it appeared
mat there was a complete legal title to it, and
an absolute right of property in it in private
citizen"
God help the poor settler.