Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-09-05
CIRCULAR.
ATTORNEY GENERALS OFFICE,
Anvil % 1QSG q

Arril 9, 1856.
SIR: BY the provisions Of an act to ascertain
California, passed by Congress March 3, 1851. and
OF an act in amendment thereof, which was
passed August a, 1852, IL was enacted, in sub.
stance, among other things:
l. That FOR the purpose of ascertaning and
settling such claims, commission should Re
constituted to consist Of three commissioners.
Ihat every person, claiming lands in Call
iornia by virtue OF any right or title derived from
the spanish or Mexican government, should pre-
sent tle same to the commissioners for adjudica
ron as between such claimant and The United
States. ''e~
That, in all cases Of the rejection or com.
firIastion OF anv snch claim b." the said comm IS
sioners, IL should be lawful 4or the party claim
ant, or the United States, as the case might be- to
demand rehearing in the district court of the
United States subject to appeal therefrom TO the
Supreme Court Of tee Unite, States
a. That new evidence might be adduced on
such rearing before the districtcourt
D; i6at a. lands, the claims to which should
DE nnaily rejected by the commissioners or fnaI-
~ decided TO he invalid by the district or Supreme
Court, and all lands the claims to which iou!d
not be duir presented to the said commissioners,
ss - .n De IeeTed, held, and considered part
or the public domain OF the United States
q. That all claims fnallv confirmed by the
commissioners, or bv the District or Supreme
Court, patent should issue to the claimant upon
MS presenting to the General Land Office an au.
thehtic certificate Of such confirmation and
plat or survey OF said land dull" certified and ap-
proved by the surveyor genera Of California.
Lhat, II the tit-e Of the claimant to such land
shonid De contested by any other person, 1t would
De Iaw'nl FOR such person TO institute process for
determining such conflict Of right In the proper
district court OF the United States such court
having power In that case to restrain bv jniupc.
ton the Issue Of any patent to the party claimant
until the right should have been determined by
competent judicial authority
8 Ihat the f1al DEGREES rendered by the said
commissioners, or by the District or Supreme
Court Of the United States, or any patent issued
to claimant In virtue Of such DEGREES should be
conclusive between the United States and such
cIaimant only, ana should not affect the intere Is
OF third persons.
That, In every case in which the commits.
sioners should render final decision, II should
De ther duty to have two certified transcripts pre-
ndleu OF theli proceedings and decision, and Of
The papers and evidence on which the same were
ROUNDED one OF which transcripts to be led with
the clerk OF the proper district court and the 9TH
or 10 be transmitted to the Attorney General OF
Il Unled States, and the fling Of such tran
scripts with the clerk aforesaid, to operate ipSo
faeto, as an appeal for the party against whom
the decision should have been rendered
10 That, il such decision should be aoairs,
the private claimant Il should be his dntv IN az
notice with the clerk aforesaid, within six nontbs
thereafter. OF his Intention TO p.osecut. inc on
peal and II the decision should be against the
United States, 1t should be the duty OF the httor
| ney Seneral, within six months after receivIno
SAID transcript, to cause notice to be filed witb
l The clerk aforesaid, that the appeal would he
i prosecuted Dy Inc united States On failuro ~
| either party TO file such notice with the cIe,a
aforesaid, the appeal to be regarded as discussed
Such is an outline Of the Provisions Of statute
regarding the examination Of private land claims
in the State Of California, in so far more esno.
cially, as concerns the official dutyof the Execu.
! tive o, the United States.
erie ne commissioner provided for that purpose,
entered upon, and have now coIap,eted me dis
cnaree OF thci. appropriate functions, baving
i neafd ana determined upwards Of EIGHT hund red
| cases; presented by parties claimants Of land nm
aet spanish or Mexican grants in California;
| ana transcripts In the several cases have from
! time to time, as they were determined been
l transmitted to the Attorney General. WIN
VI taese transcripts, the first was received at
Il thls once on the I'd March, 1853, a few DAYS he
fore the present incumbent Of the office entered
upon the discharge Of Its duties In the whole
course OF the first year, however, only twelve
/ transcripts reached this Office and thev did ~,
| afford adequate means OF coming 10 a oene-,I DO
termination Of the subject matter thus, OF me-
| ceSslty, there could be no definite action in any
| OF these cases during the first year '
During the ensuing year large number of fran
/ scripts arrived; but, on examination # Them {,
| was found impossible, with dine regard IN tho IN.
| terests OF the United States to decide in What
10 ABSTAIN rom prosecuting appeals TO anal
! judgment, until satisfactory ~ = OF decision
sh0nd have been o..ainod by the trial or num
i Der OF leading cases In the Supreme Cont
For this cause, 1t became Necessary to file noti
II
OF subJectng the parties to the exrprse OF f,JaI
In the district court In every hut OnIy 70 sus
Peho the cases tAere, ana ,hus avoid the conse.
qnence OF Otherwise losing he Tight of appeal in
cases, where, by application OF decisions of The
supreme Court, itshould In the event be found
i mat rehearing was requisite in Justice To the
, United states or to parties claiming under the
Efforts Were made TO carry through the dist,,c,
court, and bring TO the Supreme Court as speedily
As POSSIBLE, some leading cases for decision there
-FOUR cases reached the Supreme Court I'm Deem
Der term, 1853, but in season to take IN on;v ono
Of them, and that question OF form not affec,
Ing It's merits. In December term 1854 two NJ
these cases were heard and determined on their
merits, SO as 10 settle some general principles but
not enough To make II safe or convenient thor 70
proceed to re-examine cases in order TO dismics
appeals In the district court AT the present term
however, which commenced in December 1os5'
s anu VIII nave been continued by adjournment 70
the end OF May next, II is conceived that IN The
numerous cases which have n0.y rearhed fine On
Piehic cont, sltAcient cody or decisions will
nave been had to justify the final disposition.
without further trial, Of no inconsiderahIs no,tio
OF the cases still lending In the district conrts of
California, on appeal by the United States.
propose, therefore, on the 1T Of June ne,t N
coinmence tnH re examination Of the transcripts,
Win view TO the discontiRuance of apppals In
all caes where justice requires f. ana Il c.n 10
states - Nfi'V"
me cases will De resumed ir the order OF the
teHelai calendar OF the commissioners and wher-
eVri no snmclent reason TO the contrary appears
notice OK the discontnuance of the appeal VIII he
transmitted at once to the clerk CT the proper dis
Where objections appear on the face Of the re-
cGrd or may be Suggested by written notice duly
niea In this office on or before the first day OF
august next, such objections will be deemed SUI
hcient to prevent the discontinuapcp of apneaI
%hen they appear to involve rights or interests of
the nlted States, and not otherwise lie wing third
parties 10 pursue the remedy, which the Statute
provides Tor them, Of petition before the proper
district court, and injunction to restrain Issue OF
patents by the Commissioner Of Public Lands. /
am, respectfully, G.. CUSHING
Sept3-N Attorney Geney.l |
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