Amador weekly ledger., 1858-02-13
CKsoN, AMADoR COUNTY CAL, MORNING

can snow III. Ihls claim Is What is termed
floating grant" and its proper locality should
be in the section of country west Of lone
Valley, and between that and the old Sacra-
mento road. think it is unquestionably
true, and is the only legitimate conclusion
deducibe from pr oper construction of the
Erpedients Of the claim. The description Of
the claim in the petition to the Governor is
in the following words: "a tract in the
northern part of this country and known by
the name Of Arroyo Seco. This tract is sit
ated between the rivers Moquelumes and Cos
menos. 1t is bounded south by the Moquel-
umes, north by the Cosmenos, west by the
road of the Sacramento, and east by the
neighboring Sierras;" and the Governor in
the grant referring to the tract described in
the petition says, "The tract granted contains
eleven ranges" Now, lis it not clear from
this that the attempt to lodge this claim in
this region of country is bold and shame
/ less imposition.
1t will be observed that the grant comedies
a square tract of land bounded by four lines
running at right angles with the cardinal
points of the compass. Has Pico surveyed
his tract thus? No. He has run zig-zag and
meanderngly oil over this part of the country,
so as to include in his claim all the most val
liable valleys and hourishing villages. Is
this the kind of conduct which characterizes
an honest MANI And is not this circum-
stance to lead us to infer that the whole thing
is fraud? 1t seems to me so. But granting
for the sake Of the argument, that this claim
is a bona file one, and that Pco is the legal
and rightful owner of it, yet he must evince
his title thereto by virtue of the metes and
bounds in the grant above referred to, and
take his land in square body. This is the
natural construction of the grant, and besides
the law would enjon this upon him. The
Supreme Court of the United States says
"The right which the Mexican Government
reserved to control this survey, passed to the
United States with all other public rights;
and the survey must now be made under the
authority of the United States, and in the
form and provisions prescribed by law 70,
surveys in California sec II How's Reports,
566)." Nor would he be at liberty to make
the kind of survey which he has, and have it
sustained, so that he might take all the best
farming land and valuable property in the
county, because this would be against COM
mon right and reason-and therefore contrary
to law, for when rule of law is to be de-
termined by reason and not by positive stat
ute, the Courts always follow equity. Rea-
son will be the guide Of the tribunals in this
case
Now have been informed that the road
referred to in this grant is distant about
twenty miles from lone City. Well, if this
be true; then this claim cannot come nearer
than eight or nine miles Of that place, much
less include it, | think that it must strike
i. every sensible man at first view that that
road must be the Western boundary. Hence
between that and the foot hills west of lone
Valley this claim must be located, and in a
square tract, which would comprise an area
I of land about eleven miles square, more or
less Now is not the present location fraud
upon the people within its limits? know no
other appellation to give it, therefore call
it fraud am fixed in this understanding
of the matter. How could l understand it
otherwise? With this evidence before him
who could escape the same conclusion? He
who can, is wifully and wantonly insensible
of the direct force of the testimony, he is
blind maliciously. Well there are those who
perceive the imposition and will convince Mr..
Pco of the fact. He has had his own way
long enough. 1t is time to check him in his
wholesale plumber and extortion
Some think that when his grant is confirm
ed and his patent issued to him by the Uni
ted States, that it puts an end to any farther
inquiry This is mistake The State Courts
have jurisdiction of this matter, and it can
be reached by bill in equity to remove cloud
of title, or else any prior rights can be set up
in defence OF an ejectment suit.
The fiteenth section of the Act Of Con-
gress, March 3, 1851, reserves the rights of
third parties, in these Words THAT the final
dooraas randered Inv the said Commissioners