New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-07-15
CALIFORNIA.
THE PRESENT CONDITION OF THE NEW
ALMADEN LAND SUIT.
from Our Own Corr-spnasu:

suit of ADDE'S Castero agt. The United States,
wherein the property Of the great quicksilver mine
of New-A maden IL at stake, has bean entirely
changed by evidence lately introduced 10 court.
The great value Of the mine, aid the interest ex-
cited by The charge Of fraud, seem to entitIe the
ease 10 d letter in The TRIBUNE, aud therefore ]
write tbis
As some of your readers may not clearly recol-
lect the history Of the case, some knowledge OF
which is necessary to a clear understanding of the
force of the testimony lately introduced j shall
briefly recapitula.e If. In l-i5, Don Andres Cas-
tillero Captain in the Mexican army, was sent
from the capital to California, with instructions 10
buy out Capt Suffer, ard get bin to leave the
country and perhaps with other commissions. In
November Of that year, Cast,llerO discovered the
New -Amaden mlne, took possession OF 1t, DE-
nounced IT and was placed IN possession uncer the
Mexican mining law, by the Acalde Of San jose
He wrote TO the Governor Pho PlcO, announcing
The discovery, and sending specimen OF the quick
silver. Not having the means To work the mihe
alone. be formed n company, with u shares, when
have been :, ID and resOld until now they are mostly
held by Barron, Forbes d Co. and Manuel Eschn-
Don of Mexico, Vim. +. Barron, John PARROT
John Young abd the heirs of Robert Wslkinsha"
of California, and others. These present holders,
and their predecessors, have erected extensive
works and have made the mine very productive
ard profitable one, yielding probably 81 ,OOO0OO
YEARLY of clear pToht
When the land claim of Castillero was submitted
10 the nted States LaDd COMMISSION (tbo ugh
CastieIo hss no interest 10 the mine now IL
was alleged on behalf Of the claimant that the
Acaldc had given bin mining pertenencia of q 600
varas (uOTe than tbree miles square, aud that ID
GRANT had been confirmed by the President OF
Mexico. 1t was further alleged that the President,
then exercising absolute powers, had made
second grant to Cdstlller0 of two square leagues.
While the suit was before the Commission there
was 10 charge or evidence OF fraud on the part OF
The claimants snd the testimony IN tbelr favor be-
ing pretty strong the claim to the mining pertensn
cia of 5000 varas square was confirmed but the
claim to the two SQUIRE leagues was rejected, for
the reason that the alleged grant was only order
10 the Governor 10 put the claimant in pOss ,ssiOn,
not an explicit and absolute giant. From shat DE-
csion, as from all others of the Land Commission
cCpfrln'ng claims, the United States appealed to
The United States District Court, where the case
was to be tried over again questions of fact as
well as OF law.
in the Summer of 1851, while The suit was still
open before the latter tribunal, James Alexander
Forbes who had been the manager, and part
Owl er, of the mine in lri7 ami ISIS, and had told
on, his one share in 1850, to John PARROT for
So, OUU, came 10 W lllldm DhtIo", Ill ths Gil!
Il repeat the substance of Mr.. j. A. FOrb-ss pub
he declarstions), ard asked loan of $4,000 or
$4,000. Tins was refused, whereupon Mr. +.
went TO Mr. LauIencel, a rival claimant OF the
laI d on which the niue is stu ited aud sold IL
b III for $50, 900 the nsbt 10 use certain letters
which had passed in lsi7, a., 40 and 80, be-
tween HIM 81. A. +. and Mr. Alexander Forbes,
one of the chief owners of the mine and member
of the firm OF Brown, Forbes n Co., of Topic,
has of tar UeT "A a
0cncc ia November, lej7, excited much attention,
and caused great sensation in and out of Court,
as / wrote yOu st the time. The etters-the genu
ineness of winch (save ope) was admltted-proVed
tn At tbeir writers, j. a. Forbes the superl1tend-
ent and part owner of the mine, and Alexander
FORBES one Of the largest owLers. ana the one to
whom the other owners seemed to leave the chlet
con'rcl had for wears discussed the necessity and
method of getting title papers forged, and ante
dated in the City of Mexico. The letters proved
further. that an effort had been made to get such
papers, and that at one time two letters for two
leagues were in existence though only one has been
seen in Court or is known 10 exist now. Under
these circumstances, the United States applied to
the oited States Circuit Court for an injunction
To prevent the cl,mants from further working the
mine and in November, l-5s, the injunction was
granted.
This Injunction, which still remains in force, was
a severe blow for the claimants, and they saw the
necessity Of making every effort to remove the sus-
uciou Of fraud they said there was abundant
evidence documentary and oral, IN the City OF
Mexico To prove the validity Of their claim, and
they petitnned the President to request from the
Government of Mexico copies of documents relat-
inp to the case in their archives, certified by the
crest seal of the Republic. TINS great seal OF the
nation Is considered the proper authorization for
foreign documents III common law cOuatries, but
il is not the custom of the Mexlcans to use their
Il, a,.lt n.t~ aftr ad tn. I
M this case unless it should be- at the request OF the
American Government. Our President had caused
ipouiIy 10 be made in Mexico for documents relat.
iuc 20 the IimantCur case. ami the attorney Tor
claimants requested similar inquiry IN the Alma
den suit The President refused The attorney
for the claimants applied to Congress for the
passage of special act t. allow testimony taken IN
this case in Mexico to be used in San Francisco
II was proposed that the testimony might De taken
b, the l.. 5 Minister, the |. ;. Consul. by any
body appointed by the Government, the claimants
psyiue al the expenses, and willing TO be bound by
The report Congress refused MOtl1nswere then
made before the L. s. Circuit snd District Courts
in this city that Commissioners be sppolated to
laAc tee ,nouy in Mexico, and these motions were
denied. Only one recOurce was left to the claun-
ants; they chartered an steamer, and 1t went
down IL San Bias with one at the attorneys, MI
Frederick Billings. who went forward to the
capital spent three months there, obtained copies
of a large number of documents induced dozen
officials to come with him, and got back here about
month ago. The result of this expedition has
been that AZ amount of evidence, apparently over
whelmuc has been introduced to establish tse
validity of the claim. and to prove that. notwlth-
standing the schemes OF fraud and forgery enter
tanned by some CT tie owners of the mine, the
titles offered 10 the Court are genuine and valid
Quicksilver was sud is an article Of great I'M
poYtanCe 10 the mining interest OF Mexico, tue
Government Of which mad offered large rewards Tor