Oroville daily Butte record., 1857-07-29
Col. Weller and the settlers.

~NA. "sShSA ANU Amt SGtIleE8s
The Settlers Convention of Sacramento
passed resolutions against Col. Weller and
Hon. Steph en- ]. Field. tits not probable
that the Sacramento Convention reflect the
unanimous sentiments of the Settlers of CAL
itornia in denouncing and opposing these
gentlemen. All must admit the sound legal
ability of Judge Field. and opposition to him
can only arise upon the ground that he has
not declared his opinion upon the Settlers
Bill but that his opinion. when given as
one of the Supreme Judges, would be in
strict accordance with the provisions of the
constitution, and fair and enlightened con-
structioE of the law, none can doubt What
more can be required of a Supreme Court
Is it not better to change constitution and
laws, than make the Supreme tribunal of
the State subject to the sentiments of what.
ever political party may chance to gain the
in defeating Judge Field now. and in elect
ing one who was pledged to sustain them,
two years hence they might be defeated,
the decisions of the Court be reversed, and
the Settlers would find themselves in o still
worse condition, with their troubles pro-
longed instead of being finally settled. Give
the State a sound Judiciary and right and
justice must prevail. This can never be
effected by making the Supreme Court re-
feet and waver between the sentiments of
contending parties.
The following extract from Col. Weller's
speech at Sacramento, defines his position
upon this question. We should be glad to
publish the speech entire did our space per-
nit. We commend it to the attention of
Settlers, and venture the assertion that the
most ardent among them could not require
an Executive of State to assume more
favorable position Mr.. Weller says:
"Now stand opposed to the policy of
having large landed proprietors, but when
we acquired this country from Mexico, we
undertook to guarantee their land titles -
Large grants of land had been made previ- |
Gus to the time when California was annexed
to the U. S How were these claims to
be avoided Not by taking from the natives
or those holding land under the Mexican
government their property, because it is
expressly stipulated in the Treaty they shall
be protected in their rights. Where they are
complete they must be confirmed. But the
question arises, what shall be done with |
those settlers who have gone on in good
faith. and made improvements ON these
lands have already shown that if your
object is to settle en- the public lands, that
the record that have made in the House of
Representatives gives ample security that |
am your friend in that particular. In this
State, where the boundaries of grants are
uncertain and underlined, any settler going
in good faith upon what he supposed to be
public land, and finding that it was event
ually decided otherwise, should be fully re.
munerated for his improvements. Common
justice between man and man demands this
The whole constitutional power of the gov
ernment should be exercised in compelling
the owner of the land to pay to the Settler q
fair compensation for his improvements. If |
suffered another to occupy my claim-vir-
tually permitting them to make improve |
ments thereon, should or ought to be COM
PEELED by law to make remuneration there
tor [Applause.] But if settler should
go upon private lands and make Improve
ments, and grant should be confirmed
which covered his settlement, and he should
refuse after that to accept the price of his |
improvements and vacate the premises, it is |
concluded by some that he should not be
disturbed. To that class of Settlers frankly
say, yOu hare nothing to eapect from me-"
-