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


from the mouth Of the yela Is rejected except tue
spaoe OF 800 by lao varas-
entitled TO confirmation.
Judge Hoffman conours in all the conclusions or Jud 20
ScAscr, save to the two league srant, the papes
10 to which Judge Hoffman oonsidets suOeat TO entio
But while Judge Holman states this IL his opinion no
ooncurs pro fcTraa with Judge kcAister to reject tho
two league grant, In order that the OF che Court
may be unanimous. and a. the statute makes 40 pro-
vision for difference OF opinion between the Judges
The decision gives the claimants the whole iae. They
have not yet exh .ussed pertenenca although they
have beel for ten years Tho claimants Iose the
Land whence they obtaiu their fuel, SC.
Inc opinion o. Judge acAltster Is very emphAtcay In
aver OF the claimants a. to the charges Of fraud which
have bceo made against them.
me record consists Of over 5000 printed pages and
the bsieis OF over 800 printed pages.
OPINION or JUDGE McALLIsTER.
Judge MoAIiscr hal prepared very lengthy opinion
IN the case. He read his opinion first He began with
the Jurisdiction Of the court in the case The attorney
Tor the United States had argued that the court had
jurisdiction, because the claim made to q mae
which does not come under the head OF real est. te
% conarm only fee simple titles Judge McAster held
the Mexican English and American law and the act OF
1851 does not refer to fee simple titles alone but all
fornia OF the grants being acoonp aned by cond
lions and limitations he Fremont grant, for instance
being limited BY prohibition Of alenation) The court
therefore, has jurisdiction mining titles, under the
act o. 1851 The power OF the Acalde Of San Jose 70
gra tho mining title under which the oiam is ado to
clusion this point is that tho Alcado had auth ,ry
to grant mining possessions. Then arose the question
whether the title papers genuine Tho attorney for
the United States has argued that they were forged
There are two classes OF title papers, the rs thoee re-
atng To the announcement mining possessions ,de
at San jose and secondly the two league sran, made in
tho city Of Mexico. The documents in regard TO the
mining possession are all hold to DO genuine The original
papers are Produced all the persons who signed them
save only one called witnesses swear directly
70 Their gcnuineness and honesty and the missing wit
il hQad and tN
nesses, A. M Pco, Jose Noriega Antonio suno are
not contradcted or mpeachei thsy have even been
called and thus endorsed by tho United States The wit
nesses and documents crroborated and supported in
many points by other witnesses, by Judicial
preserved in the Mexican archives in the Office
Of the United States Surveyor General of Calf
fornia The title papers made 10 the city of Mexico in
Guiding the two league grant signed Castillo Lanzas as
Prime Minister in May, 1s46 also held to be genuine
The letters which passed between Alexander Forbes and
James Alexander Forbes in iSs lS4S and 1SI9 were
produced by the latter TO prove tho forgery of the title
contain no evidence Of such forgery, letter.
dated March 28 S4s and that is itself held bv the
Court be forgery This forged purpors to nave
been written BY Forbes TO j. AZ Forbes and
fraudulent The letter Is without 1 de
not agree with others of the SERIES is produced under
many suspicious circumstances the original Is not shown
but only copy j. A. Forbes pretends that the original
was stolen from his ROOM his character iunder suspi
con because the letters produced by himself prove that
was paid large sum for bis tessmony he had h pre 0
viously quarrele ed with the claimants Of tho mine;
even when under oath, by nino or ton OF his
negh5ors, respectable citizens OF Santa Clara. and
the only witness besides Forbes, to the existence the
original OF the letter Of March 2S 1s4s is Robert Birne
who is declared unworthy Of credence undor oath by
hall dozen Of his neighbors prominent citizens Of
Contra Costa county, where he has made his home On
the other hand the evidence to show the genuinencss OF
these title papers most abundant and conclusive in
GLIDING official documents In the archives of California
papers on lc 10 all the departments OF government in the
city OF Mexico, and the testimony OF number OF wit.
nesscs, many q them Of high position, and all Of
he If thc
Judge McAistor adopted In many instances the ideas
used by the attorneys for the claimants in their
ment Of the case Judge McAiser finally proceeded 10
consider the legal force Of the title papers The Two
League grant while genuine, u a mere order to the
two leagues, and "a II was delivered, 1t lacked
legal completeness, and never conveyed title which
the Court should confirm. While the Acalde had power
70 grant mining possessions he had no power to grant
tract SO large as that covered by this mining grant
namely, 1000 varas square; but the grant may be con
sdered good for as much he had right TO gyc and
discovery alone gave such equity under the Mexican
mining laws as the courts ought 70 respect The utmost
mining law, IL perteencids and his claim will
be confirmed to that extent p7;ciencia is two hun.
dred square, about and yerte
re,cias viii include fifty That enough take in
tho whole mno, bu, is much less than the two league
claim which covered SSH acres, and the 5000 vara
grant which covered several thousand acres
Judge Mc.ister skipped large portion of his opinion,
but the portion which nc read occupied BIN from eleven
a. to four T. H. The opinion several hundred
pages.
JUDGE HOFFMAN or THE Two-LrAGUE GRANT.
The following is an extract from that part Of Judge
HoIman's opinion relating TO tho two-ieague grant
which simple order from tho Mexican Minister of
Fueign and Interior Relations, directing the Governor
OF California to put Andres Castcro ia possession of
two leagues Of land, including the New Almadon mine
In the Of Andres Castlero the United Statos
for the island Of Santa Cruz, (3 Howard, 46t) the
claimant relied on despatch OF the Minister OF the IN
terror in many respects resembling that Of Casti Iqn
In that despatch the Minister informs the Cove
that in consideration OF the services and merits OF Cas-
tillero, tho President directs him the Mniser) "o
commend Castiero very cticaciousy to your Lxcocn
cy the Depar menta unt order that before pro
cecdng to the distribution which should be made con-
formally 70 the laws and Is directed in the order OF
this Cate Of the lands u the Islands adjacent TO that
peninsula there be assigned to that individual the
which he may select Of those nearest to the place where
he should reside with the troops under his orders
II will he noticed that the Of this despatch are
not In respects strong those Of tho despatch
Of Inzas II not said that tho President has acccied
petition for any particular island or tract Of land
Castilero merely recommended very edcaclousiy to
the Governor and the Departmental Junta and this
commendation Is made in order that there may be as
signed" to him the island he may select, &c, concm
plating evidently the execution and delivery, By the
vernon Of the formal thlc for the island selected In
u communicated 70 the Governor Gin order that he may
put Castlero in possession OF the land expression
further title paper was to be ssnod In the Santa Cruz
Island the Supreme Court held that 'the despatch Of
the government operated to adndcatc the title" The
language is''Ihey Governor and the Junta)
cordngy directed not TO proceed to make Applications
under tho previous order until the assignment Of the
title TO this claimant was perfected but they not
required 10 make the assignment GAUGE II TO DO
made. To accomplish that purpose and to carry into
effect the command Of the President, two things only
we're necessary 10 be done-one 10 be performed
by the claimant, and tho other ministerial act. II
the claimant who to make the selection and If
II was proper one, near the place where he sta
toned with his troope nothing remained but TO make the
assignment described in the despatch Emanating
the despatch did from the supreme power Of tho nation
operated Of itself TO adudicate the title Of the claimant
leaving no discretion TO be exercised by the authorities
Of the Department. Neither the Governor n,r the As.
sembly, both combined could withhold the grant,
after proper selection without dsobeying the express
command OF the supreme government. Nothing, there
FORE remained to BE- done but 10 Issue tho title papers
and that the proper duty OF the Governor, the
executive organ OF the Department This language
would too clear for misconstructon II to
express decision that an order Of the supreme
government, directing the Governor Of department 10
make grant operates 70 adudicate the title to the nud
specified. could not be meant however that tbs order
Itself absolute grant for IL s evident that the for
nal grant TO be made by tho Governor and besides
Il did refer any particular island but to such island
Castlcro might select and II was only after the So
lection was made and found TO be proper one that tho
1919 .i...Ill .lcaa Iaul