The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-04-05
California Land Claims.
IMPORTANT DECISIONS BY THE UNITED STATES sU-
PREME COURT.


WASHINGTON, April 4 1855.
in the Of the Omitted States, Appellants, Ar
cbbad A. Ri,chs, appeal from decree OF tho Dis
trct CouIt the Northern District OF CALIFORNIA; Judge
Nelson recently delivered the opinion Of the United
States Supreme Court Of winch the o~ing is a
dsnsed summary
Ihe Board Of Commissioners to settle private land
ella ms in California ordsred that Rt;hies claim to
tract of land by the name OF Suisin Company"
Comprising about in the county Of Soano
should be conhrmedtbis decision was appealed from in
the District Court, but IL was cecoei on the Sa
Of November, 1853 10 confirm the decision or the Board
of hencs the appeal to the United states
Judge Nelson first get forth the requirements Of the
act OF Congress March 8 1851, upon the subject
under which the appIlees claimed that the removal OF
the proceedings the Board OF Commissioners TO the
District DO ectve but the Judge considers that
sectous the act Of 1851 we're repealed BY the
act Of 3lst 1882, thereby removing the alleged
defect After di-posng OF some other IN re-
to Lformaes in the transfer oil the case
the Beard of Commissioners to the District Court
Judge Nelson to the merits OF the case and re;a
ptulates at length the title TO the lends In question:
tracing them the possession OF Francisco Solano,
Indian, who had item under cultivation as early as
1882 or 1883 and right to them confirmed by
the Constitutional Governor Of the department Of ths
Caliornas by the official decree in 1872 through the
hands OF Manano Guac aups Vallejo, who held them
from 1912 TO $780, to the possession OF A. Rltshe,
the appellee, who purchased them on the 18th OF May,
1850 Tor tbs sum Of $4,000 The objections taken to
the validity Of the ile are that Soluro being an Indian
not competent according to the laws Q, Mexico, to
take and hold real p,ePsry and hence the grant was
Us ~
real estate, s the grant is void the ground that
the tract known the "Susin" belonged to the MS
Of that department had no power TO grant Reference
then made 20 the plan of Iguaa, and decree Of the
nrst Congiess OF Mexico . inc o. r civ
which the Court De cides that Solapo was ons OF the
citizens of the Mexican government at the time OF the
grant 10 him, and that such he was competent TO
take, held and convey real property the as any
other citizen Of the republic In regard to the second
objection that the tract IN question belonged to the
lands the onsluson is taat there ap to be
foundation for it, and that under certain laws Of
Mexico the authorities were empowered to deal with
those the with any other portions of
the public domsin The Court, therefore, affirmed the
decree of the District Court
In the case OF John Charles Fremont, appellant,
the United Sates-sn appeal from the District Court Of
che United States for the Northern District OF Cafor
nia-chief Justice fancy delivered the opinion Of the
United States Supreme Court In substances as follows
TIE Court tes towed much attention upon this case
many claims to land in California depend upon the
principles, and wi in effect, be decided by the judy
the jurisdiction Of the District Court having been
decided in the foregoing the Court to
After lengthy disaaistion upos the practice in re-
gard TO grants OF land in Louisiana and Florida when
those territories were first coded to the United states
TO such that under confederation, the Judge
TO the question of the validity Of the grant to Al
varado the tract Of land known by tie name OF Mari
posas which the point in controversy ana arrives
at the cuson that the grant to Avarado gave him
vested interest In the quantity Of land therein speci6e
and that said interest not forfeited by failure to
comply with certain conditions as 70 the survey and
settlement attached to The grant, the state Of the
country, from wild Indians rendering compliance with
the conditions quite impracicable That Col Fremonts
purchase of the ands IN ls47 was perfectly consist
ent with his rights ana duties IS an American
officer and citizen, tbs country In which he made
tae purchase being at the time subject to the
authority and domipian OF the United States
and that the fact that he not citizen Of Mexico
could in way impair the validity Of the conveyance to
HIM That the subsequent discovery Of gold mines
the land had nothing to do with the title and shat the
Aurvey must now be made under the authority OF the
law for surveys California embracing the entire grant
in tract Upon the whole 1t is the opinion OF the
Court that the claim of the petitioner is valid and ought
to be confirmed. The eff the District Court must
therefore be reversed and the renanded with di
recons to the District Court to enter decree conform
ably to this opinion
Colonel Fremont's claim is thus recognized by the
Supreme Court.