Amador weekly ledger., 1858-04-03
Pico Grant.
JACKSON. March 23d, 1858

JACKSON, Marcn zou, 1000.
11essrs Editors: With your permission |
will reply to the communication of ANA
dor" that appeared in your last issue, and,
which was evidently intended as an answer
to one of my letters. l think that he failed
in accomplishing his object. His attempt to
dslodge me from the strong position which
/ have seen fit to occupy, relative to the land
swindle of Andreas Pco, was without sue
cess nor do believe he can do it.
He asserts that there is an analogy be-
tween the Pco and Fremont cases, but he
does not show wherein it consists 1t will be
remembered the rule of logic is, that asser-
tions are not to be taken for arguments as
such they are valueless. Yet, this is his mode
Of controversy. My incredulity will not be
overcome until some likeness be shown be-
tween those cases, or until the Pico case is
confirmed on the authority Of the other case;
even, then, | shall claim the right to have my
own opinion about the correctness of such
confirmation. But, of course, any points
which ought 10 haze been adjudicated in the
suit of the claimant against the United States
will be beyond investigation, or, st least, |
think so. Though there are points which
will defeat Pico's right or title which could
not possibly be determined by the United
States Courts And, it is to such points that
| now intend to direct my attention in further
reply to " Amador"
In former letter, laid down the propo-
stion that pre-emptioners were third persons
within the purview of the Act of Congress,
March Sd, 1851, which is denied by my
adversary; and, now, my purpose is to estab-
lish it. 1t is very clear to me that the 18th
and 18th sections are to be construed togeth-
er If so, then, it must necessarily follow,
that though the patent conveys the legal title,
yet it does not debar all contest. At pre-
vious time, had occasion to extract the 18th
section, and will do SO now. 1t reads thus
That the final DEGREES rendered by the said
commissioners or by the District or Supreme
Court Of the United States or any patent tc
be issued under this Act, shall be conclusive
against the United States and the claimant;
oaly, and shall not affect the interest of thnc
persons" 1t does not say that it shall be con
clusire against the United States and thei
representatives or those claiming under them
but it says that it "shaH be cOnelusice against
the United States and the claimants only
If it is to be conclusive against them only
how can it be conclusive against thost
claiming under the United States, except th'
claimants themselves The law-givers seen
to have taken great care to save all persons
rights, and they, therefore, use the wore
"only" Why did they use this word? MOI
do they say that it shall affect the title o
third persons, but with evident care they sa.
that it shall no. affect the INTEREST OF thiI1
persons. Now, man may have an interes
in thing and have no title either. He VIII
has an interest in land, in this State, hay
the temerety to asseverate, is third perso
within the legitimate meaning of this law
aud of this, l take upon myself the burthe
T of proof Why do thus confidently do this
Keep pace with me in my process of reason
ing and you will soon discover. 1t must
borne in mind that Congress has no constitI
tional power to say what shall be eyidenC
of title in State Courts, and hence we cal
not justly suppose that they intended to do
thing which they cannot do They have n
control over the statute of frauds This ma
have something to do with this case ye
But aside from this it will furthermore !
borne in mind that the legal title to all land
in this State, passed from Mexico to I'll
United States. All titles must be deemed
have descended from the government whcl
4 in this regard, is the sovereign. No perfet
> title can be derived from Mexico nothr
d but an inchoate claim, the confirmton
which is political power, vested in Co
gress, who delegated the same to Board (
h Commissioners and the United States Court
Before the issuing Of any patents, there vi
u !, oaly one land owner in this State, and th
was the United States These two stream
through which title flows to individuals /
'-- B -~<< /fk