New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-06-28

part Oi ~. Union. 1heJ were iouDd IN is'lr'Hna
snd FloliJs, aBl we're tie subject o. much htii,-
iion and public attention there; bat never DID u
occur 20 Congrtss 0r - the United S'tt"s 81
preme Court H. order he D.irist Courts L. M the
boundaries IN such grant.. That was left % the
wisdom # Justice Campbell and BIS c1ncIrring
sssocihts.. who not oniy make TIE order, nay use
insulting language toward the Judge o. our - 'trct
Coult becAuse be did not Ny IN the face OF 81
res,on, law and precedent before thy had 'e' the
/ example for him.
The District Court had 20 be governed by the
| law Of Mach 3 l-Jl proycing for he settle nent
of private land clsm. in this state which provides
/ that
/ For a. clsims f1fR, confined by ,he saii De-
.rirt ar Syureiue Conf. a pa'eft sbsl .-.le 10 the
caiuan; upon hi- presenting tn the General Lana
Office authentic rticate of such decree Of c'nhF
alton, aId plat .nrvey of The -ai lsnf, dy crrt
fed and approved by the SurveyorG-neral II Cantor
MA who's. duy u shall be Ia al private Ella IL
which shall b. in.y cot rmed, 70 be accurately sur
veyed and O iuri-l. pEt- % the sane; and, ~ Tue
location 4 the sid clans the sal1 Surveyor IeneTa
hail have the same power aud authority as are coa-
ierred the Register Of the La5i Once and Receiver
oi the Public Money! ~ Louisiana boy the sixth section
Of the 10 create the Office OF survey General u
the Public Lands for tie ate Of Lousaus. approved
| March g. lSJl.'
! The oct last referred to ssys:
In relation 10 al such confirmed claims 81 may
conflict OF in any way interfere with each other, the
Register of the Lani Office and Receiver Il Pubic
Moneys itI the proper l.aLi Dr'rlc- are ltIrpS an
| tborIzcd 20 aecide between t1e parties. Ana
il hall be the duty vi the Suyeyof-General OF the
saG State to have those claims surveyed and plated
in accordance with the decisions Of tie Register aud
/ Receiver.
Apy man of common sense can see here that the
. United States Survey Or-Geuerll a required by
the plain guage of toe law u make the zoe i.ion
/ and survey, and that the Court has nothing 70 DO
with il. Inc Courts never did have anything 10
do with the surveys IN Louislina or Florldi, nor
in California. though patents have issued with the
full knowled and implied approval OF the United
| S,1tes Supreme Court. when they knew that TIE
District Judge had no; passed upon the Slrvey
he fact is that the process OF surveying land sad
segrrqa'inq private land grants from the pub' y
nsiD, mas always been looked upon by al branches
of our Goyen mcnt belonging 10 the executive
! and not Ia the Judicial branch of the Government
An act Of Congress of July l. l-b, expressly styles
the surveying of pubic lands aud private claims
IAN executive duty, and pr.scrlbes that u shtll
BE- subject 10 tie supervision sLd co1trol ot the
! "General Land OF .e." In the case of Cousin
! sgt. Blsnc's Executor Fl al, the United States
/ supreme Court said: "The confirmation IL an Ia
"cipient United States title wbich our Govern
"ucnt in It's political capacity, reserved 10 Itself
d" the power to locate by survey, and 10 grant oy
"the acts of Executive officers, with which the
Courts Of Justice have no jurisdiction to inter.
"fere" 90 Howard 203) Let 1t be noticed
that the law has not been changed since the United
States Supreme Court used this language, % which
Justice Campbell makes no reie. euce Shen he sets
the principle aside and judically enacts neS rule.
} In the eth volume OF Howard page 4Oi there 10
| another case which interested lawyers may ex-
anime In the face of all this, the Supreme Court
BOW directs Judge Hoffman to proceed to ascertain
the external lines of the land confirmed, ani enter
final decree. The law requires that the Surveyor
shall not make the survey Ill after the final con-
frmsiiop, end Justice Campbell says toe Judge
| shall not enter fDal confirmation until after the
! survey IT both those orders be obeyed. long
time i'll espse before any of land titles VIII be
| settled
But lei US imagine that the new rule discovered
! BY the inventive genius of Justice Campbell Is to
| be enforced, what Is 10 BE- tle elect Snail tbe
Judge abandon his courtroom and 60 traye1ng
| about, examining the various ranches IL -
well. known rule that the best possible evidence Is
alw8ys TO be obtained, and III regard To questions
OF the proper location of land, there IL no evidence
at all comparable TO ones own sight at the natural
boundaries referred to in the grant and the houses
c0rras and other fixtures erected oy the claimants.
Perhaps the admiralty business OF this port, sec
ord, perhaps only to that Of New York City, might
| be Deg, cted by the Judge while engaged III his
surveying duties; but what will become of the nu-
meToIls land claims the titles of which are not yet
| decided II the Judge is to travel about from
ranch 10 ranch bis surveying duties will occupy all
| his time for two or three years. If he Is not u
travel about but 10 stay IN bis office and hear all
| tie squaitsis who come and complain about the
boundaries aid demand that tWeuty or thirty
| witnesses shall be examined, the amount Of
l,bor to the Court, and Of delay to the owners Of
the land will be elu,lly great. Inc Judge might
| exclude squatters DOmlnay and forbid them 10 ap
pear: they would purchase iniinltiscmal Interests
J under the title: and the United States would OF
/ cOurse have to be heard. and the " United states
10 these land cases is little more than mere cloak
b, hind which squateT interests, most preJudlcdl 10
Justice and Inconsistent With the good la.h O the
| GoyeTumeBt--are fighting ~ u always has been
and it always will BE- under our present system.
The plain meaning of the Foss9tt decision is, that
| there is no final decree in any Mexican land claim
| in California except in about dozen cases, where,
4 luckily for the claimants, patents were issued be-
fore Justice Campbell discovered that surveying
Judicial act; IN all the other cases, II u sup
posed that the 'fual decree" which the District
Court has entered under that express title is not
final and the claimants cannot protect their ltnds
from squstters, because they have M recognized
/ boundaries.
! The absurd character Of Camp5elrs decision is
very manifest in the Instructions Ia Judge Hoffman
NJ 10 the manner of the survey. The District
Judge is instructed by the Supreme Court To have
| the survey made in accordance with Executive
/ regulations The idea Of the independence OF Our
Judges IS an antiquaed otOn, according 10 Justice
/ Campbell judicial decisions are 10 be regulated
/ noa BY " Executive regulations" will give you
an example Of the wisdom OF these Executive regu-
| lati,us The Mexican laa granted ~ AlsaradD n
stock ranch thirty miles long and three miles vide,
! embracing all tie good pasture Ian along the
/ Maripos1 River, the adjoining land being dry anj
/ barren and Il. that tim. worthless Tue United
| States was bound by honor and honesty 10 give
/ Fremont, AharadOs assignee, that land as markell
/ down in the map accompanying the petition which