Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-09-03
CIRCULAR.
ATTORNEY GENERALS OFFICE,

ATTORNEY GENERALS OFFIcK,)
April 2, 1855. s
SIR: BY the provisions Of an act to ascertain
and settle private land claims In the State Of
California, passed by Congress March 3, ISL, and
Of an act In amendment thereof, which was
passed August n, 1882, 1t was enacted, I'm sub
stance, among other things:
l. That for the purpose OF ascertaining and
settling such claims a commission should be
constituted to consist Of three commissioners.
That every person, claiming lands In Call
fornia by virtue Of any right or title derived from
the Spanish or Mexican government, should pre-
sent the same to the commissioners, for ad iudica
ton as between such claimant and he United
States.
frmation Of any such claim by the said comais-
sioners, Ii should be lawful for the party claim
ant, or the United States, the case might be, to
demand rehearing in the district court OF the
Supreme Court Of the United States
4. That new evidence might be adduced on
such hearing before the distrfctcourt.
S. That all lands, tie claims to which should
ly decided to be invalid by the district Supreme
Court, and all lands the claims to which should
not be duly presented to the said commissioners,
should be deemed, held, and considered as part
OF the public domain Of the United states
8. That all claims finally confirmed by the
commissioners, or by the District or Supreme
Court, patent should issue to the claimant, upon
his presenting TO the General Land Once an au-
thentic certificate Of such confirmation. and a
plat or survey Of said land duly certified and ap-
proved by the surveyor general OF California.
4 That, IL the title Of the claimant TO such land
should be contested by any other person, Ii would
be lawful for such person to institute process for
determining such conflict Of right, in the proper
district court Of the United States; such court
ton, the Issue Of any patent to the party claimant
until the right should have been determined by
competent judicial authority.
8 That the final DEGREES rendered by the said
mn rfeCtn rDY htrf
Court Of the u ntted States, or any Patent issued
to claimant In virtue Of such DEGREES, should be
conclusive between the United States and such
claimant only, and should not affect the intere Is
Of third persons.
That, in every case In which the commits
sioners should render final decision, 81 should
be their duty to have two certi1e transcripts pre-
pared Of their proceedings and decision, and Of
the papers and evidence on which the same were
founded; one Of which transcripts 20 be fled vith
the clerk OF the proper district court and the 9TH
er to be transmitted to the Attorney General Of
the United States, and the filing Of such tran
scripts with the clerk aforesaid to operate ipso
fdefo, as an appeal for the party against whom
tie decision should have been rendered
10 That, II such decision should be against
the private claimant 1t should be his duty to nle
notice with the clerk aforesaid, within six months
thereafter. OF his intention to prosecute the an
peal and IL the decision should be against the
United States, 1t should be the duty Of the Attor-
ney General, within six months after receiving
said transcript, to cause notice TO be filed with
the clerk aforesaid, that the appeal would he
prosecuted by the United States: On failure Of
either party to file such notice with the clerk
aforesaid, the appeal to be req rded dismissed
Such is an outline Of tie provisions Of statute
regarding the examination Of private land claims
in the State Of California, in so far more espe-
cialy, as concerns the ofdcial duty Of the Execu.
tive Of the United States
The commissioners, provided for that purpose
entered upon, and have now completed, the dis,
charge Of their appropriate functions, having
heard and determined upwards Of eight hundred
cases, presented by parties claima Of land un-
der Spanish or Mexican grants in California !;
ana transcripts In the several cases have, from
time to time, as they were determined, been
transmitted to the Attorney General.
VI these transcripts, the first was received at
this Office on the ID March, 1883, a few DAYS be-
fore the present incumbent Of the office entered
upon the discharge Of its duties. In the whole
transcripts reached this office, and they did not
afford adequate means OF coming to general de-
termination Of the inject matter. Thus of ne
cessity, there could be no definite action In any
Of these cases during the first year
During the ensuing year large number Of tran
scripts arrived but, on examination Il them Il
was found impossible, with due regard to the in
terests CT the United States, to decide In what
cases to abstain from prosecuting appeals to final
Judgment, until satisfactory rules Of decision
should have been obtained by the trial Of num-
Der Of leading cases in the Supreme Court.
For this cause, Ii became necessary to file noti-
ces OF appeal In every case cot with any purpose
OF subjecting tie parties TO the expesse Of trial
In the district court In every case but only TO
pend the cases there, and thus avoid tie conse-
quence OF otherwise losing he right Of appeal, In
cases, where, by application Of decisions Of the
Supreme Court, IL should In the event he found
that rehearing was requisite, In justice TO the
United states or to Parties claiming under the
United States.
Efforts were made to carry through the district
court, and bring to the Supreme Court, as speedily
as possible, some leading cases for decision there
Four cases reached the Supreme Court in Deem
Der term, 1883, but in season to take up only one
OF them, and that on a question Of form not affect
ing Its merits. In December term, 1884, two Of
these cases were heard and determined on their
merits as TO settle some general principles, but
not enough to make 1t safe or convenient, then to
proceed to re- examine cases in order to dismiss
appeals In the district court At the present term,
however, which commenced in December, 1855,
and will have been continued by ad journment to
the end Of May next, ii Is conceived that In the
numerous cases which have now reached the Su-
pIeme Court, a sufficient BODY Of decisions will
have been had to justify the final disposition,
Of the cases still pending In the district courts Of
California, on appeal by the United States.
propose, therefore, on the LIST Of June next, to
commence the examination Of the transcripts
with a view to the disconiinuance of appeals In
all ca where justice requires II, and Il can be
done without manifest prejudice TO the United
States.
The cases will be resumed in the order Of the
eneral calendar Of the commissioners and wher.
ever no sufficient reason TO the contrary appears
notice Of the discontinuance of the appeal will be
transmitted at once to the clerk Of the proper dis
tIict court.
Where objections appear on the face Of the re-
cord, or NAV be suggested by written notice. duly
aled In this office on or before the first day Of
August next, such objections will be deemed tuf-
fcient to prevent the discontinuance Of appeal.
when hey appear to involve rights or interests Of
the nted states, and not otherwise lie lving third
parties to pursue the remedy, which the Statute
provides for them, Of petition before the proper
district court, and Injunction to restrain issue Of
patents by the Commissioner Of Public Lands.
am, respectfully, c. CUSHING,
Sept3-3t Attorney General