Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-09-04
CIRCULAR,
ATTORNEY GEyKRAL's OFFICE, }
nril y Ilse

SIR: BY the provisions OF an act to ascertain
and settle private land claims in the State Of |
of an act in amendment thereof, which was
passed August 81, 1852, IL was enacted, in sinh.
stance, among other things:
4. That for the purpose Of ascertaiptnp and /
settling such claims, a commission should be
constituted to consist Of three commissioners |
2. That every person, claiming lands In Call
fornia by virtue OF any right title derived from
the Spanish or Mexican government, should pre- |
ton as between such claimant and The United
States.
3 That, In all cases Of the rejection or COM
frmation OF amy such claim bv the said comnis-
sioners IL should be lawful Ior 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 therefrorn 10 the
4: That new evidence might be adduced on
such hearing before the disrictcourt
D. mat all lands, the claims to which should
De nnal!y rejected by the commissioners, or final
vaecloed TO be invalid by the district or Supreme
Court, and all lands the claims to which should
not De dulv presented to the said commissioners,
should be deem'd, held, and considered as part
OF the public domain Of the United States
o. ihat all Claims finally confirmed by the
commissioners, or bu the District or Supreme
Court, patent should issue to the claimant upon
MS presenting to the General Land Office an au-
thentic certificate Of such confirmation, and a
pat Oh survey OF said land duly certified and APP
T. That, IL the title Of the Claimant 10 such land
snoulo De contested by any other person, IL would
De lawful for such person to institute process fer
desefiminlng such conflict Of right in the proper
olst it court OF the United States such court
having power In that case to restrain, by iniunc.
tlon; the issue Of any patent to the party claimant
until the right should have been determined by
competent judicial authority
.. That the tral DEGREES rendered nv tho said
commissioners, or by the District or Supreme
court OF The United States, or any Patent issued
10 claimant in virtue Of sach DEGREES should be
conclusive between the United States and such
Of third persons "
y That, In every case in which the commits
sioners should render final decision IL should
DC lhelt duty to have two certified transcripts pre-
pared OF their proceedings and decision, and of
INC papers and evidence on which the same were
rounded; one OF which transcripts TO be filed W it'll
the cltrk OF the proper district court and the 9TH
or 10 be transmitted to the Attorney General of
TIE United States, and the fling of such tran
scripts with the clerk aforesaid to operate ipSo
ldcto, as an appeal for the party against whom
the decision should have been rendered
lO That, II such decision should be apainst
the private claimant 1T should be his duty to file
notice with the clerk aforesaid within six months
thereafter, OF his intention to prosecute the an
Etai ara II the decision should be against the
united states, 1t should be the duty Of the Attor-
ney General, within six months after receiving
sald transcript, to cause notice to be fled with
the clerk Aforesaid, that the appeal would he
fio"NSuSo ny Tue OUltCd states: On failure of
either party to file such notice with the clerk
AFORESAID, the appeal to be regarded as dismissed
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 espe-
cially, as concerns the official duty Of the Execu-
tive Of the United States.
Inc commissioners, provided for that purpose,
ehtefeo upon, and have now completed the dis
charge OF their appropriate functions, having
heard and determined upwards Of eight hundred
cases presented by parties claimants Of land I'M
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
TINS once on the I'd March, 1853, a few DAYS be-
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 they did not
anord adequate means OF coming TO a general de-
termination Of the subject matter. Thus of ne
cesslty, there could be definite action I'm any
OF these cases during the first year
During the ensuing year large number of tran
scripts arrived; but, on examination # them. II
was found impossible, with due regard 10 the In
terests CT the United States, TO decide ia what
cases 10 ABSTAIN from prosecuting appeals TO final
Judgment, until satisfactory rules Of decision
should have been obtained by the trial Of a num-
Der Of leading cases in the Supreme Court
For this cause, II became necessary to file noti-
Of suhjecting the parties to the expense OF trial
In the district court In every case but only to sus
pend the cases there, and thus avoid the conse-
quence OF otherwise losing the right of appeal In
cases, where, by application Of decisions of the
supreme Court, Ii should in the event be 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 distr,c,
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, 1853, but in to take I'D ONLY one
Of them and that on question of form not affect,
Ing Its merits. In December term, 1854 two of
these cases were heard and determined on their
merts so as 10 settle some general principles, but
not enough to TT axe IL safe or convenient then IN
proceed to re-eIamine cases in order to dismiss
appeals IN the district court At the present term
however, which commenced In December, 1855
| anu VIII nave been continued by adjournment to
the end OF May next, It is conceived that in the
numerous cases which have now reached the SUI
preme Court, sufficient body Of decisions will
nave been had to justify the final disposition,
without further trial. Of no inconsiderable portion
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 denomination Of the transcripts
with view to the discontinuance of appeals in
all cases where justice requires it, and II can be
done without manifest prejudice TO the United
States
The cases will be resumed in the order of the
general calendar OF the commissioners, and wher-
ever no sufficient reason to the contrary appears
notice OF the discontnuance of the appeal will be
transmitted at once to the clerk Of the proper dis
trict court
Where objections appear on the face OF the re-
cord, or NAV be suggested by written notice. duly
r!ed In this Cfice on or before the first day OF
August next, such objections will be deemed SUI
hcient to prevent the discontinuance Of appeal
when they appear to involve rights or interests of
the United States, and not otherwise leavng 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, g. CUSHING,
Sept 3-3t Attorney General