The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-04-25
I preudiOe, aaminister the law without fear or

favor.
Col. Fremont has been expected here from the
East for the past six weeks. The people of MaripO-
"a are led to believe that on his arrival extensive
works viii be commenced in the way of building
bitches and sinking shafts. That Col. Fremont has
not appeared occasions considerable disappointment.
made few days since by our Supreme Court which
is considered one Of the most important ever de-
hvered by that tribunal both in regard to the value
OF the property in litigation and the consequences to
the parties interested. The circumstances of the
original grant to j. c. Fremont of the Mariposas by
Juan b. Alvarado, and its confirmation by the
United States Supreme Court are well known. The
palntin IN the present lessee of the lands
resists the demand of Fremont for possession
OF the same. The Supreme Court states the facts
as follows:-On the 18th February 1874, Governor
Micheltorena granted to Juan b. Alvarado tract
extent Of ten square leagues On the 10th of Febru
airy, lS47 Alvarado conveyed his title, by warranty
deed, to John c. Fremont. The claim was presented
to the Board OF United States Land Commissioners,
and finally confirmed by the decision of the Supreme
Court of the United States at the December term,
1854 A survey was made in July 1866, and pa
tent issued TO Colonel Fremont February IS, 1886.
On the 22d day of April, 1857, Colonel Fremont
leased part of the tract being the premises in dis
pute to the plaintiff for seven years, at monthly
rent of 81 900. In May, 1851, the defendant, then
and ever since corporation for mining purposes,
entered upon and took possession of the premises,
and has continued in possession working the quartz
veins and extracting the gold therefrom and has ex-
pended, in the erection OF machinery and other i'm
provements, upwards of 100000. This action was
brought by the plaintiff to possession of the
property and damages for its detention since the date
of the lease. BY stipulation between the attorneys
the defendant was allowed 10 set up in de-
fence any matter that could be the subject
of bill in equity. The plaintiff had Judgment
in the Court below, and the defendant appealed.
The Supreme Court enters into an ella borate dis
cussion OF the merits of the case as bearing upon
the points involved and comes TO a conclusion ad
verse to the plaintiff (Fremont), and consequently
in derogation Of his rights established by the SD
preme Court OF the United States. Two questions
passed upon: first whether the title 10 the mine
raj lands are in Col. Fremont; and, second whether
conceding that they are not the defendant has the
right 10 extract the gold while the title in fee
simple of the land is in the lessor of the plaintiff.
The Court comes 70 the conclusion, as to the first
point, that the right to mines of gold and silver
found in the lands of private persons personal
prerogative OF the British crown and not based upon
any right incident to sovereignty; that such right
Is not incident to our governments, either State
that contains is possessed by both; that the capa
city to own, and the fact of ownership are dis
tinct things; that the title to the gold, in the
premises in controversy in this State, was re-
served by Mexico, and passed by treaty TO the
United states, and has not passed from them TO the
lessor of the plaintiff On the second hand of the
case it s held that the right TO the gold carries with
it the right to search and dig necessary incidents
as was held in the case from Plowden. The owner
ship OF the mineral would be Of no value without
the right to extract 1t. And this right in the gov.
eminent could only be exercised through its agents
The owner Of the gold, whether a natural or artii-
cial person, could do that by agent that could be
done by the principal. The right to grant license
TO another is not injurious to the owner of the land
but beneficial to the owner of the mineral. OF
course the party licensed could do than the
proprietor of the gold could do. II is held also, in
connection with this last point that the owner of
mining claim has, in practical effect, good vested
title to the property until his title is Invested by the
exercise OF the higher right of the superior prope
tor. The judgment is reversed and cause remanded,
and the Court below directed to enter Judgment
for the defendants. Jud4e. Burnett delivered the
Judge Field dissents from hlsbrethren. The law, law.
a. here established il Of vital importance u the
mining interests of California. By il the title of the
miner to the land he occupies Splaced on a higher
the owner of the higher right will attempt to dis
possess him. The Legislature has before it resolu-
ton asking the United States 10 renquish its title
TO the mineral lands othis State.
The vexed question as TO whether the people at
the last election voted for calling convention to re-
wise the constitution has been finally put at rest
ihe Senate last week, by vote Of twenty-five 10
ten decided they had not Our constitution provides
that majority of all the votes cast at the annual cleo
ton necessary but in 1867 only 30 900 Of 100 900
voted in IT. favor when the question was submitted
70 them. An amendment has been proposed by the
Legislature, TO be voted upon by the people pro-
vding for biennial sessions OF the Legislature and to
elect Governor for the term Of four years instead
OF two, as at present This is proposed on economi-
cal grounds.
one of those trials which occasionally come before
the tribunals, and are always looked upon with in.
terest took place in the Twelfth District Court OF
this city last week The parties 10 the action were
W. II. Parker, who was a seamen on board the
United States irigate INDEPENDENCE, and COmmo-
dore Mervine, commander Of the Pacific squadron.
Parker sued Mevine for false imprisonment board
the Independence while the vessel lay at Apia, Ma
ygstors Islands, in 1854, and claimed five thousand
dollars damages. II appeared on the trial that
Parker had resided the Islands snecedent to the
period he arrived, in 1854 and having been charged
with the commission Of a murder, was sent by Aaron
Van Camp United States Consul at the place, TO Ssr
Francisco for trial A very bad feeling be.
tween Parker and Van Camp grew out of this
event-in fact they became sworn enemies,
determined 10 settle their difficulties at
some future time by the shedding Of blood Par.
ker was discharged by the courts here for want Of
Jurisdiction, and he soon after shipped on the In
dependence for three years cruise. The frgate
visited Apia, and Van Camp, on learning that
Parker was on board, at once informed Commodore
Mervine that II he permitted Parker 81 come ashore
il would result in tumut and loss Of life. Mervine
ordered the 10 be confined and put in irons.
lie was thus kept manacled in the lower hold Of the
ship Tor five days but was afterwards removed %
the shell room portion Of his irons taken of and
then kept in the latter place for thrtyve DAYS. and
until the Independence left Apia On the day
that the vessel sailed Parker was set az hber.
", tDOngh an camp and ms family were passengers
for Valparaiso on the Independence. The defence
o. Commodore Mervne was. that 10 prevent q COLI.
sion between the plaintiff and the Consul a. Il ap.
peared in evidence each had threatened n kill the
other al sight, he justified In his discretion a.
commanding officer 20 pursue such course a.
he thought advisable 30 prevent a collision
or bloodshed and that the interest and dignity Of
the United States whose flag be was there 10 guard
required Of him TO eectually prevent any disorders
among the few American citizens at the place. As
a reason for releasing Parker on the day the Inde
pendence left Apa, II was alleged that at sea dis
cipline could be maintained and no assault pro.
liable between him and Van Campfire latter, A.
stated being with his family, passenger on board.
The jury found a verdict against Commodore Mer-
vine for two thousand dollars.
The Legislature has passed an act prohibiting
public execution Of criminals hereafter. At least
half dozen men have been legally executed in diff
ferent part of the State during the past month.