New-York tribune., 1868-07-02
THE YOSEMITE VALLEY.

We publish elsewhere a letter from the Hon.
George w. Julian, giving the argument i'll favor
of allowing two settlers to appropriate several
hundred acres in the Yosemite Valley, and to
confirm the appropriation by a grant from
Congress. Mr. Julian makes the point that
these settlers "squatted on the lands under the
preGmption laws before the act of Congress
setting them apart for n National Park was
passed. and Therefore they are entitled to the
lands at law; and if Congress should
not grant them, the Courts would vindicate
their title against the United States under
the homestead and preGmption laws.
Whether the fact alleged is true or not,
we utterly deny any inference therefrom that
Congress is bound to forego the advantages of
it's act creating the YO-Semite Valley into a
National Park, in obedience to the demand of
these squatters. 1t is simple question be-
tween the rights and interests of two men and
those of forty millions of men. If Congress
had the right to set apart any portion of the
public territory for a National Park, that right
is part of its right of eminent domain as a
government it is not divested or ended by
the operation of any act by which the land
becomes private property, and all individual
as we'll as State rights are subject to this
national right of domain. 1t is the
same right of sovereignty under which
the nation takes any other land it may need
for national purposes. The act setting apart
the Yosemite Volley as national domain is
special, and should have preference over the
claims of any who apply under the general pre-
emption laws applicable to all public domain
The rights and interests of two individuals
should be subordinate to those of the nation
at large Oh this as on all other questions.
Mr.. Julian thinks that he would not sacri-
flee the nations promise TO its settlers
to preserve even all the beauties of the Yo-
Semitic Valley. There is, he says principle
at stake. Very well: rising still above this
principle is the greater principle that the will
of the nation should be supreme and that the
caprice of individuals should be subordinate.
When a settler squats on the public domain,
his promise that the Government will give him
title to 100 acres of land is qualified by the
constitutional power of the Government to
take all private property for public use, by
making just and adequate compensation. Es-
pecially at the present time, when the rights
of $4,000 settlers on the Cherokee lands and of
thousands of settlers on the Usage lands are
being sacrificed to the rapacous greed of
private corporate monopolies, it seems drawing
it very fine to declare that the rights of the
two squatters in the Yosemite Valley are
superior to those of the nation at large. Mr..
Julian says these squatters have an indefeas
BILE title which the courts will enforce in their
favor. Perhaps so the question has not yet
been tried. But if so, Congress IS not called
upon to take any action whatever. We hope
the original purpose of the Yosemite grant
Will be maintained that the squatters will be
paid fully for their lands and improvements,
and allowed to remove their traps and plum
"derr out of the nations way.