The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-02-16

deoe done so, he might have resiued Il excusysS
70 himself Inc regulations In fact provided that
ceesWns mAde " the Governor sh ,ud not be definitely
valid unless approved by the Departmental Assembly,
and IN case It's approval not obtained the Governor
Grants made 70 npvcaros were by the seventh regua
ton not TO be hei definitely valid until the approval
OF the supreme government wss obtained II thus sp
pears NOS only tht the authority Of the Governors with
respect 70 colonization not conferred
BY any law OF Congress but its existence disTe
tionary regulations OF the supreme Executive but that
by those very regulations the Executive reserved to t.
self an important part OF the grating power Afar tho
adoption OF the central system and the division Of tho
whole republic into departments the right to dispose OF
oil tho lands belonging TO nation seoms TO have been
oonaded 70 the supreme Executive.
AS then the anzas despatch .opersted to adudicste
tho tise" TO the claimant, he must be held 10 have
acquired an nchoate title which, II founded on such
equitable considerations would have bound the former
government to complete by issuing the formal title
papers, tnis government is equally bound to re-
pect Had the clainent been an ordinary coonst and
rely ng on the action OF the supreme government Ga his
petition, settled upon and occupied the land building
house upon =. aud cutiyatng il; and had the United
states FOUND MIN IN the or undsputed pos
session. cannot think be doubted that the possession
would have been undsturbed. and his claim confirmed
even though no had neglected to obtain from the Cover
the formal grant But such possession was taken
in this case nor the concession received in Osor-
ma OF even known 20 have been made until after the
fore, ariseswere there any antecedout equitable con
sderatons on which the concession founded such as
would have bound the conscience sf tho Mexican govern
ment to perfect II That an auteoedent coesidera.
t;or such the patriotic services Of the grantee ia
been expressly decided by the supreme Court. In In
the case Of Fremont vs. The Untei States the Court
says =" The grant was not m8te merely to carry out
the policy or the colonization laws but in ccnsiera-
tion OF the previous public and patriotic services OF
the grantee and although this DO regarded as
chase from tho government vet 1t is the scrno wlsdr
ment OF just and equitable claim, and when the graft
was made on that consideration the title in court of
equity ought to be as firm and valid II hal been
purchased With money on the same conditions Ill
Howard. 66S f, then antecedent considerations OF this
nature TO be looked TO in deerinng whether tho
former government was under any equitable obligation
to perfect the title Of the claimant. is perhaps not
easy to imagine whore the merits the petitioner
and the considerations rendered by him Tor a small
grant of land In department could be greater
The immense value of the discovery he had m sde to the
mining interests OF Mexico need DO dwe unon
Our own experience in California enables ap-
precate how indispensable Is ampo and
cheap supply OF quicksilver to the dcvcopc-
ment or mines OF the precious metals. Bat 20 Mexico
tho discovery was, as justly observed by one OF the
counsel for the claimants, "the unsealng OF hidden
fountain Of veal b. precious her as the rains and
living arc TO the nations that live by
age." For years 1t had been the policy OF Mexico 70
stimulate explorations for and to encourage the working
OF quicksilver mines. BY tho laws OF Feb 90 1922 and
Oct. Z 1928 which imposed duties gold and silver
quicksilver was expressly exempted from contribution
In lS42 the Junta do FomeDto was csablshei, AMI
powered go fix the mode in which the working of quick
silver mines was TO DO supplied rewarded stimulated
and protected" by the decree Of May "a l54S
of $25 600 and of % per qunta 200 ibs promised
to successful miners and by the decrees OF July and
Sept 25 Of the Same year the unta empowered to
work. TO supply and TO protect quicksilver mines and
TO researches for them be made throughout the
republic. When therefore, Castiicro ANNOUNCED tho
discovery Of mine SURPRISING In richness that OF Al
MAIDEN, In Spain upon which Mexico had q, l,ng been
dependent and desired grant Of two leagues IN a
department where land commonly disr buted
gratuitousy in tracts five times large, he had eQu
table claims upon the government far SURPRISING the
public and patriotic services OF Alvarad0, which the
Court decarea e have been an equitable con
with money" Compared with the service rendered and
about to be rendered to the Mexican nation Castro
the consideration which the ordinary cooniy ttiou
grants founded insgcifcan for that conside
ration merely consisted Ia building house cultivatug
few acres Of an immense tract aud suffering wild cattle
to at will the remainder The fact that he was
working the mine showed that Castlloro had already
effected settlement upon the land aud its further de-
veopement insured accession 10 the population OF the
country far greater than Guild have been obtained BIZ
any other disposition OF the public land. Tho purpose
for which he bought the land apprised the
that II was of kind usually fl for cutvationas
required TO furnish wood for his burnngs In thus
ssting his enterprise the nation had great interest
Castiero himself, for IL was the attainment OF OBJ
ect TO which their attention their efforts and noon
siderable portion c their had long devoted
1t has appeared 10 me that all these circupn
constitute an equitable Confederation OF tho incboate
title concession obtained by CastIerc and that they
were insufficient to create a equitable obligation on the
former government, and therefore this TO complete
and make good the inccptvc rights he had acquired
The following is tho conclusion OF Judge Hofman's
the whole case my opinion IT, that the claimants
entitled 10 pcrcnoncas 10 be measured In tho
manner OF the FORM and OF the dimensions presented
the Ordnanzas dc Minerva Of 1888 And Also that they
entitled TO two square leagues Of land DO located
the land OF their mining possession, but In such way
not TO include any land granted in private ownership
by competent authority, previous to May %, 1862
THE DECREE IN THE CASE.
Judges McAlster and Holman have sgncd and entered
the following decree in this Case
This cause came on to he heard on appeal from the
final decision OF tho Board OF Commissioners, to ascer
tain and settle private land claims in the State Of Caor
MIA under the act OF Congress- approved March 1851
upon tho transcript Of the proceedings and decision OF
said Board, and the papers and evidence which the
said decision founded and upon the papers and evil
dence fled in this court and 1t appearing to the Court
that the said transcript duly filed according to law
and counsel for the respective parties having been h ard
Court hereby ordered, aduged and decrced, that the
said decision be and the Same reversed and set aside
and II is likewise ordered adudgcd and decreed that the
claim and title Of the petitioner Andres Cstlcro TO tho
mine known by the name Of New Amaden in Santa Clara
good and valid claim and title and that the said Andres
Casero and his assigns the owners thereof aud OF
all the and minerals of whatever description therein
in fco simpic and II is further adjudged and decreed
that the said mine is piece OF land embracing superb
cal measured horizontal plane, equivalent to
seven pertenencias ouch pertenencia being solid OF
rectangular base two hundred Castlian long, Of
tie width established by tho Orieasusds de Minerva OF
1888, and in depth extending from and including tho
face down TO the centre Of the earth said cnencqs to
be located in such manner az tho said Andres Clstlero
his assigns may select subject TO the following condi-
lions FIRST that the sad pccpecids shall be conti-
guous that TO say In one body and, secondly that
within them shall be included the original mouth Of the said
mine, known New Amaden And it is further ordered
ajudgcd and dccreed as TO all other rights property
and interests set ont and Claimed in the petition filed In
this case, that the not valid, and are therefore,
rejected
APPEAL FOR NEW ALMADEN.
Mr.. Peachy counsel for the claimants, gave notice OF
appeal from the decision Of tho Court in the New Al
MAIDEN case, and the Court entered the following order
And now, at this day, application OF Pea Thy, in be-
half OF said claimant IL IL ordered that appeal from
the final decision Of the Court rendered in said court AZ
the pressn term, be- and the same is hereby granted,
and that certified transcript Of the peadngs evidence,
dispositions and proceedings In the said be sent TO
the Supreme Court OF the United states without delay.
THE NEW ALAtDES INJUNCTION.
notice was, on the 10Th ut, served on the United
States District Attorney that motion would bc made In
the United states Circuit OOrt, tho following Satur
day, for the dissolution OF the Injunction in tho New Al
MAIDEN Az the injunction is based the charge OF
fraud in the title, which charge both Judges have de-
cred In their opinions 20 be without foundation, tho In
junction has been dissolved, a matter OF course
The following despatch yesterday received In this
city
SAY FR4ScBfo, Jan. &c, 1851.
Tho Almaden injunction has this day been dissolved
the ground that the title Is valid.
SITUATIONS NEUTRALITY-SUSPICIOUS..