New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-12-03
CALIFORNIAN LAND CASES.
PLUMBERS OF THE U. s. SUPREME
COURT.

SAN Francisco, Nov. 5, 1859.
In June last wrote letter to you published in
THE TRIBUNE of the 2sth of that monthly in regard
TO grave blunders committed by the u. S. Supreme
Court in adiudicating Californian Land cases. Twas
particular to preserve the date of that letter. because
intended to have something more to say upon the
subject and was careful not only to be right but to
present conclusive proof that was right. then
discussed the opinion in the case OF the United
States against Charles FOssat reported in II
Howard 445), wherein the Court, or Mr. Justice
Campbell. acting in the name of the Court, decided
that the L. S. District Judges in this State have
authority to revise and correct the location and
survey of the confirmed Spanish ranches. This
decision is in direct cOntraventi0n, as showed, OF
the statutes decisions and customs of the country.
The act TO provide for the settlement OF Californian
land titles dated March g. 1851 the act TO create
the office of Surveyor-General OF LOUISIANA dated
March 3, 1881 an act of Congress dated July 4,
1886 had all treated the survey and location of land
as duties belonging exclusively 10 the Executive
branch of the Government. The Courts always
took the same view and the u. ). Supreme Court,
in the case of Cousin against Banc's executors (l9
Howard 209), declared that the survey and location
of floating land grants were matters with which
4" the Courts of Justice have no jurisdiction 70
" interfere"
And now comes Judge Campbell on the Fossat
decision, and overthrows not only the customs and
decisions of the country but nuifies the plain Ian
puage and evident meaning Of the statutes. Still
further. he renders this decision without referring
TO the previous adverse decisions, thus showing
gross ignorance of the law or an insolent defiance
of the sound rules of Jurisprudence. The only
remark in the opinion indicative of thought gwen
thor,t tha M Al
was that present circumstances seemed to make
"a relaxation of rule" advisable.
This was perhaps, the grOssest mistake IN the
opinion; for ii ever there was case when such
relaxation of rule"-to adopt the fppant Ian
| guage of man who evidently does not know what
| he is dOing--was not advisable, then the case has
arisen in the Californian land cases which have been
| kept in the courts far too long, with an amount OF
injury TO the State entirely incredible to everybody
who has not lived here. And now, after delay of
| more than ten years in which time not two dozen
of the titles have been finally settled by the issuance
of patents the Supreme Court declares that the de-
csions of the District Courts shall not be final, but
| that an appeal may be taken from the survey, and
that the case may thus be dragged before the courts
| again. and the ultimate settlement postponed for
| many wears more. Such an additional delay is un-
| avoidabe; if the Fossat decision be not reversed
the Supreme Court, in addition to the hundred Cali
f0rnian land on its dOckets, will assuredy
have couple hundred more similar cases to look
after During the past five years the United States
Supreme Court has decided twenty Californian
land cases, and at the same rate it will take them
about seventy years TO decide three hundred more.
Considerations then, of Justice, law, aud policy, re-
quire the reversal of the Fossat decision.
The above matter is one of such immense i'm
portance to the State that it seemed worthy
of having the points recapitulated and repeated.
That however was not the only gross blunder COM
h,-t ba ITnitad States Surname COurf. m
other as unjust in spirit was made in the case of
the United States against Michael Nye reported
| in Dist Howard, 406). In December, 1874, there
were in the Sacramento Valley number of settlers,
mostly Americans, who had applied to Governor
Micheltorrena for grants of land. They were good
citizens; they had taken possession OF the land IN
| good faith had built houses cultivated the land,
stocked the ranches with cattle, and complied with
| all the requirements of colonization law. There
was no reason why the land should not be granted
| TO them save that they were Americans, and this
| probably was the sole reason why Nchetorrena
| hesitated TO make the grants az solicited How
ever he had not neglected the preliminary step Of
instructng Capt Suffer, then the magistrate of the
Sacramento district, to inquire whether the tracts
petitioned for were public lands, and were suitable
to be granted to the petitioners; and Suffer- having
made the corresponding inquiries, had informed the
Governor that the lands asked for were vacant and
/ might properly be granted. While affairs were in
| this position, a party Of the native Californians
we're preparing TO revolt against Mchetorrena and
drive him out of the country, and he bethought him
that il would be well TO have the assistance of the
| Americans in the Sacramento Valley. Small bod
| ies of American rilemen had often previously
taken part in the revolutions of the Department,
and their side was almost invariably victorious SO
/ the Governor took an opportunity to say to an
American that he would like to have the assistance
of the settlers in the Sacramento Valley, to which
| the reply was that the Americans would not assist
| him unless he would grant them the lands for which
they had pettioned; but that if he would make the
| grants, he might count upon their gratitude.
In accordance with this hint he made the grants,
but, without going to the trouble of hunting up the
names of the various petitioners and making sep
arate deeds to each, he drew up, on Dec. ~, 1874
general decree, as it is called, granting all the
| lands petitOned for in the Sacramento Valley, in
cases where the local magistrate had reported ia
yorably. The following is the body of the general
| decree:
Whereas the Supreme Departmental Government
unable in consequence OF It's ineessant occupaons
to draw mp BY one the respective title papers Tor
| those citizens who have solicited lands, with igtosses
| in their favor of Mr.. Augustus Suffer- Captain and
Judge charged with the jurisdiction OF New-HeiVe'A
| and Sacramento,
In the name of the Mexican nation, do by these
letters confer upon them andheir families the properly
of the lands designated in their respective appcaio'
and maps, upon each and all who have solicited tne
| same, and obtained the favorable tnf0rme rePoIs
OF the aforesaid MT Suffer up to the day Of this date
so that nobody shall have power TO question he rsn.
OF property; copy whereof Mr.. Suer sha h;e
give them, serving them for formal tue VIII Wn'e
they will present themselves TO tins ~
order 10 extend the same title in due form and Oh
stamped paper"
The continuous political disorders Of the country
prevented the grantees from ever getting any oIner
title than the above general decree About dozen