The Kansas herald of freedom., 1855-02-10

Co9ii4o1gSc 1so o1l-lo " tsistt ocJ JutSllOQ,
neither one alone can claim that the title
was acquired at the momen. Of It's Dor.
formance the final consummatioa gives
a retrospective sanction to the whole, and
relates back to It's first inception. Indeed
this principle is 50 familiar that. had /
been writing only for those learned in the
law, | should not have entered into this
elementary analysis of it. -
Here then We have two more points es-
tablished; that a pre-emptor who CON-
plies with the requirements of the acts
of Congress cannot be prevented from
obtaining his title and that, when finally
Econsumn,ated, it relates back to its orig
inal inception. k{<hi4
If so, be is to be considered aud treated
as having been the owner of the land
from that time. and of course may then
sue aud recover for any trcspasses COM
mitted at any time after his first personal
settlement, and viii take as his own, with
out compensation. any houses or other
improvements which intruders may have
placed on his land.
This sEould teach intruders on the one
hand the folly of throwing away their Ia
Dor, and making themselves subject TO
suits, and on the other hand should teach
rightful and original e-emptors the folly
of going out with axes and rcvolVers 10
cat dorm their cgn houses, and drive of
men who are kind enough to improve
their land. Better far assist them in the
| task, and encourage them to build another
Even should the intruder be strong
enough to drive off the rigbtful original
settler, the latter may repose upon the
law. He will not lose his land except By
his own neglect. The law declares that
it shall 60 TO the first settler and it viii
never allow an intruder, first, by force to
prevent him from complying with the
act, and afterwards to claim the land be-
cause he did not comply. The law does
no such unjust and foolish thing as this
Il says most detelmiHedly that :" NO MAN
SHALL TAKE ADVANTAGE OF. HIS OWN
WRONG" and if the first settler will only
be careful to do every thing which the
law requires of him, except that mhich The
intruder prerents him .trom doing, and
preserves the proof of all the facts, he
will get the land at last with all the in
truder's improvements upon it.
With another remark or two shall close
this opinion, already much longer than
expected. Some persons strangely dis
cover conflict between these opinions
and the letter of Chief Justice Lecompte
This is a misapprehension. | contend
that when pre-emptor's title is consum,
mated he can sue and recover. The
Judge, in very brief and probably hasty
letter, holds that at present he cannot is
sue an injunction for him in order to stop
the cutting of timber. | can see no con.
flict in this, for am satisfied his decision
was correct; and had | been in his place,
should have decided in the same way
No man would, with more pleasure than
myself, acord to his opinions the defer
ence which his sound legal knowledge.
his careful accuracy, and conscientious
uprightness, have right to demand, and
| am therefore the more pleased that il
this case it is SO transparently obvious
that no conflict of opinion exists between
our letters. He was writing with his
whole attention directed to the kind o.
right necessary to found a present injunc
ton.
Hoping that this communication may
convince our settlers that they may con
fdently intrust the redress of all theil
grievances to the law, remain, very re
spectfully, yours, A. H. REEDER.