Amador weekly ledger., 1858-02-20
Pico Claim.
Butte Cry, Feb. 18th, 1858.
Truly Yours,


EDs. LEDGER:-In my last letter, think,
showed concusively from the Act of Con-
gresS of Sd of March, 1851, that any deter
mination of any controversy concerning land
titles in this country between the United
States and Mexican grantees, though in fa-
vor Of the claimant, did not affect the rights
of third parties; and then proposed, at some
future time, to show that pre-emptioners were
within the meaning Of that law, whose equities
must prevail over Pico's floating grant
now proceed to do it, I.
1t is truism of law, that title to real
property is originally vested in the sovereign,
and that the title to this species of property
must flow therefrom When this country
was ceded, the legal title passed from Mexico
to the United States, in trust for any new
State which might be formed This is the
doctrine held by the Courts, and | think it
correct Now it will be observed that there
are two modes of acquiring title to real es-
tate in this country; one is through Mexican
grants, the other is by pre-emption right. In
neither of these does the legal title pass from
the government to the grantee until the pat
ent is issued to him. Then previous to this
time grantee has mere equitable title, aud
nothing more. This reasoning is just as ap-
plicable to Mexican grantees as pre-emption-
ers, and the equities of the one is as strong
as the equities of the other, and the one in
po ,ssion has the better title. That pre-
emptioners are grantees Of the government,
| suppose there can be no question. Con-
gress, by general act, have provided that
any citizen who will settle upon and improve
any vacant land shall be eutitled to 100 acres,
at the minium price of one dollar and TWEEN
ty-6ve cents per acre. The consideration
then which passes between the government
and settler is the Improvement Of the land
and the assent to pay the pre-emption price
for the land, and thereby become the owner.
this not a contract? The government
makes general proposal to all, and the set
tier accepts it by complying with its requisi-
tions. This is a contract binding in equity
and good faith; it is as obligatory on the
United States as their contract with the
Mexican grantees. They are as much in duty
bound to make a good title to the pre-emp-
toner as to the Mexican grantee. Then, this
being so, how do the settlers stand with ref
erence to the Pico claim? Why this claim is
what is termed floating grant" 1t had
no specific locality until '56 Prior to til is
time the government had the right to grant
the land within the district of country where
this claim was to be located. And if the
government did so grant, the subsequent
grantee would acquire the better title, provi-
ded he should have located his claim previous
to that time. This is the doctrine laid down
by the Supreme Court of the United States.
Now had the government not granted the
greater part of the valuable land covered by
the claim Of Pico, by metes and bounds, be-
fore his survey? The law is that these Mex
can grantees have no title to any specific
tract of land until it is surveyed by authority
and separated from the public domain, though
they have On equitable interest in the quanti-
ty of land which this grant calls for against
the United States, and have right to locate
the same where there is to be found vacant
lands; but not to the harm of those who
have located previously. Settlers locate in
good faith, and rely implicitly upon their
government titles, and it would be hardship
indeed, if, after they had made valuable inn
provements, they should be dispossessed of
their lands by the locating Of one of those
Inherent claims which float around over the
country in search Of some fertile spot 10 light
down upon This is an oppression and in-
Justice which our Courts will not submit to
nor ought they to do it, They will say to
those who wish to locate these iniquitous
claims, you should hav e given these innocent
agriculturalsts notice of your claim and the
boundaries thereof, so that they might not
have got on to your land and have expended
years of toll and much money; you shall not
now enrich yourself by their labor. These
would be very profitable claims, if we would
allow you to do so. We will not do it. This
will be their language. More anon.
CADMus.