, 1859-12-19
Col. Fremont aud the Mar1posn :E%.
t2tes

.ltFom the San francisco Ttmes.j
Whether or no man has right to b,. owe
p question has been before thu Supreme Court
Of California for 4 loug time, aad We are at last
informed that it is decided in tho Affirmative II
has been contended thatin California man has
no right to the mineral contained in bis own
lands, aud ntest Of this question was to be tried
before our Supreme Court, il the case Of Biddla
boggs r: Aefced Mining Company: This his
tory Of this case is so remarkable that, though
it is quite familiar to our readers, We propose
to reriew it briefly.
Like some owners of the soil under the laws
Of Mexico, Col ]. C. Fremont was obliged to 70
before the .. S. Land Commissioners 10 prove
his title. This he succeeded in doing TO the
case Was appealed to the Supreme Court of the
United States, when Fremont's claim was fully,
and, it was supposed, finally confirmed. But
now new trouble arose.. His papers, maps,
and plats Of the land claimed were missing.
Some oficiors Democrat bad stolen away tho
document so that tho patent could not issue.
Fortunately, however, Fremont had duplicate
was prepared in accordance with the decision of
the supreme Court But here new difficulty
appe&Fed; Mr. Attorney General Cushing OBJ
jecied to the patent usually issued in such ca
sea, contendiog that if Fremont did own tho
land, Jet he did not own the gold in it, aud the
paIeAa alust Ieau AeeotoIhE3- Noi. fremont
then went to the President, who told him be
would not stand any such nonsense. He.or-
dered the patent made out in the usual form and
signed it himself
The subsequent history ofthe claim is famll-
lar to Californians- twill be remembred that
our State Court, at former trial, deciaed that
Fremont had no title to the gold existing in his
own land. The decision excited 50 much ridi-
cule and was so absurd On its face that the
conrt Rns induced to allow the case to be re.op-
cued- Since then the court has changed its
ed that final judgment had been passed in IT.
vor OF Fremont.
1ti creditable 70 the Supreme Court Of this
State that although Col Fremont is politically
opposed to all the Judges upon the bench, they
hare decided it on legal, and not POLITICAL
gtounds.. AL attempts to deleat the claim Of
Cot. Frement for the reason that be was
=" Black Republican" hare been entirely unavail-
ing. The ca.e was decided on its merits, and
we suppose that NOW Fl: mont can 60 on and
work his own mines in the same manner that
my other mau would work his own soil
1t is hard to conceive q ease where indomita-
Bile will md iron nerTe are more requisite than
in case like this All the time subject to liti-
CATION that would have appalled, n man Of less
resolution from its expense, Fremont has ttesd.
lily pursued his object. LIE found when be got
possession Of part Of his own rein, that il be
would make 1t pay for working, he must attend
to it bimself f1cftto agents It would run him
in debt He must attend to it himself or else
he has been giving il his entire personal atseu-
ton, and is now getting his mills into shape
that his returns ase becoming very large, and in
q short time will be ENORMOUS, He can now go
on without disturbance and finish his improve
ments, and heneeforth enjoy in peace his Own.