Daily national Democrat., 1858-11-23

W"i,S year, 1911, arrived IN California equipped
Tor That purpose, aud actively set to work From
thlS period their development has gone on with
Out Interruption on to the present time.
me Important matter of procuring and perfect
ing his title to the mine does not seem To have
much engaged the attention of Castillero He
probably, having taken possession and made some
public aud preliminary steps towards procuring
title, deferred for time further action in the
premises possibly with view of seeing whether
or not he could interest the capital and enterprise of
others to develop the mine. In the meantime
rvents were transpiring which were destined to
change the whole condition of the countrv-su-
claI, legal and poltical its customs, laws and
government. The war between the United States
and Mexico was brought to a close bv treaty the
former power acquired the sovereignty of Calfor-
ma, and titles which, in the natural course of
events, would have matured under the forms of
Mexican laws were suddenly arrested in their
inc plent stages
Prior to this sweeping change, California was
mere wild outlayng province of a semi-civiliZed
nation, at that time distracted by ineernal bros
through its provinces, and crouching under the
sword OF foreign cOnqueror in ITS capital
Apathy and Generalization characterized the scan
ty population of this province, and disorganiza-
ton the administration of their affairs Proper
ty had but nominal value. Enterprize never
possessing much vitality had succumbed to the
public confusion and uncertainty. Steam, the
Telegraph, and newspapers were unknown. News
tIaveed slowly, and were doubtngly received
whole year is said to have elapsed subsequent to
the date OF the treaty of Guadaloupe Hldalgo, be-
fore 1t was generally known and believed that the
country belonged to the United States, and five
years subsequently elapsed before the new sover-
elgn officially promulgated its laws and regula-
TONS respecting the public domain.
1t was In this half-desert country, and when
thus paralyzed, that Castillero and Padre Real
discovered, amongst the bare spurs of the Coast
mango Mountains, at point where an Offshoot
OF the valley Of San Jose narrowed to gorge runs
up and terminates in the rocky bed of noun
tam rivulet, the present site of the Amaden pro-
perty; those blutf'hills and steep guches, visit
cd only by Indians stalking deer, or perchance
vaquero hunting stray cattle, were the haunts of
bear and game. The Ir &C ofa blanket wou have
purchased range of hills days journey long.
AS property, the land was absolutely worthless.
a square league of salt water in the Pacific Ocean
would have been an equally eligible representa-
tive of value.
In such times, and for property to which there
was neither value nor claimant were the mun-
ments of title to be originated, which are at this
day subjected to the rigorous investigation of le-
gal acumen, aided by the light of twelve years of
research, and guided by principles drawn from
and adapted to, judicial inquiry in the oldest and
most civilized OF modern societies, where forms
OF law and modes of procedure are regulated with
the precision Of a chronometer
Although the great principles of right and
wrong are abstract and immutable yet their APP
phcation to every day life is continually inhu-
enced by the circumstances in which men are
placed. That which is regarded as morally fault
less IN one state of society, is received rs abso
lutely vicious in another. Even in this day, and
IN two countries equally enlightened, and govern
ed by the same general principles of law, educa-
tOn, habit and common consent have made that
a rlgnt IN one which is abhorred as mOnstrous
wrong in the other These views are incontro
vertbe and demonstrabe by thousand Illusira-
tons from living facts. To apply rigidly, and
technically, the same rules of law to crcumstan-
ces arising out of totally different conditions of
society, Is as unjust it would be to adiudge the
Spokan Indians by the judicial code and practice
ot the State of New York. In regard to this case
1t may be truthfully urged that there is hardly a
point Of resemblance between the condition of
society under which the title in dispute Origina-
ted, and those settled and matured conditions of
civilization from which spring the laws and no.
tons Of equity by which that title IS at this day
adiudged
In this case no parallel is to be found in the
English or American authorities, where all its
broad equities can find smilitude-a case pre-.
sentng strong and sharply defined positive rights,
with but feeble technical Strength case in the
consideration of which u court of equity, under
definition Of its powers by Lord Redesdale, quoted
by the Circuit Judge, might have stretched its
views beyond the envirOns OF techncIlity and
precedent, IN order to secure the triumph of sub |
stautial justice rather than of formal and irrele
want law. "Where," says that great authority |
'the principles of law, by which ordinary courts |
are guided, give no right but upon the principles
of universal justice, the interference of the judi
cal power is necessary to prevent wrong" and |
equally to sustain right.
We cannot therefore but express our surprise |
and regret that so important decision should
have clrcumscribed its views to an elaborate in
a I !
painful regard to foreign precedent; to the exclu-
sion Of that broad, liberal aud independent range
of equity investigation which the case imperative
ly demanded, and which was expected from a
court adjudcating interests of wide application
IN this State and arising out Of condition Of So
clety wholly without parallel.
From what we can learn, it is conceded that the
owners of tins mine or their predecessors were its
discoverers, that they possessed and worked it in
lS45-46 under the Mexican Government; that
they took some preliminary steps to secure title
such as their information or opportunity permit |
ted consequent upon which, certain inihatOry
rights accrued to them under the recognized prac-
tice and policy of Mexico; and that they deve,
oped their mine and extracted quicksilver, and !
proceeded to procure the aid of foreign skill and |
capital to prosecute their enterprise.
To what extent OF mining ground they were in |
tending to procure, or did procure evidences of |
title; or to what degree OF perfection they had |
brought their efforts in this respect does not ap
pear with much clearness Their proceedings |
seem involved ia confusion, and marked by pro- |
crastnaton and mistakes easily seen now, but |
very natural, under the circumstances, and at the |
time they took place.
It is apparent however, that Castillero had pos !
esslon of the mines; that there was nothing to
hinder him, except his ignorance or carelessness,
in procuring such concessions from the then au-
thOrtcs as would have given HIM perfect min
ing prvege-even if he did not obtain one It's
a fair presumption that he must have had, in
1916, when he sold to, and contracted with Mr..
A. Forbes at Topic. sufficient title to satisfy that
shrewd, cautious, and experienced man, and to
induce him to invest largely in money and per-
sOnal effort In the development of the mine.
The whole mass Of testimony adduced on the
motion, and elaborately reclted in the opinions
before us, whatever else it proves or disprOves,
or whatever suspicious of technical fraud may at
tach to the alleged facts, demonstrates with eflec
tive clearness that the defendants were sincerely
and anxiOusly desrous to perfect their title
They were willing to do anything they could do,
and appear to have attempted some things they
could not do to accomplish that object.
We take it to be an absolutely plain conclusion,
which cannot be controverted, or even question
I'd, that these eXertions, whatever they did or
lid not accomplish, would have procured them
perfect and ndefeasible title under Mexico, had her
dominion continued. What prevented them from
obtaining their perfect muniments of title? Why
he action Of the United States The acts Of the
plaintiff in this suit by which his right to sue
md the basis Of his claim were acquired were
he acts which interfered with the defendants, and
prevented the acquisition by them of a perfect
title.
Had the United States not conquered Mexico
md acquired California, the propretors of the
mines Of New Almaden would have perfected
heir claim by the very titles now alleged to be
fraudulent and antedntedl
The great step was taken when they discovered
md took possession Of the mine and worked it.
Ihe rest would have been matters Of course and
outline.