Lucius Quintus Cincinnatus Lamar

“ It is a well-settled rule of law that the power to make and correct surveys of the public lands belongs exclusively to the political department of the government, and that the action of that department, within the scope of its authority, is unassailable in the courts except by a direct proceeding. ”

“ The rules prescribed are designed to facilitate the department in the dispatch of business, not to defeat the supervision of the secretary. For example, if, when a patent is about to issue, the secretary should discover a fatal defect in the proceedings, or that by reason of some newly-ascertained fact the patent, if issued, would have to be annulled, and that it would be his duty to ask the attorney general to institute proceedings for its annulment, it would hardly be serioulsy contended that the secretary might not interfere and prevent the execution of the patent. ”

“ To this contention we cannot give our assent; and in the view which we take of the question we think there was error in admitting evidence to show that the land was below high-water mark of the creek, and that the supreme court erred in sustaining this ruling. ”

“ But this doctrine does not apply to lands that had been previously granted to other parties by the former government, or subjected to trusts which would require their disposition in some other way, (San Francisco v. Le Roy, 138 U.S. 656, 11 Sup. Ct. Rep. 364;) for it is equally well settled that when the United States acquired California from Mexico by the treaty of Guadalupe Hidalgo, (9 St. 922,) they were bound, under the eighth article of that treaty, to protect all rights of property in that territory emanating from the Mexican government previous to the treaty. ”

“ The Von Leicht survey, therefore, must be held as a correct survey of the pueblo claim as confirmed by the circuit court. Moreover, the method of running the shore line of the Bay of San Francisco, adopted by the Von Leicht survey, was approved by the circuit court itself in Tripp v. Spring, 5 Sawy. 209; and on this point we entertain no doubt.
The only remaining question in the case, as we understand it, and as we desire to consider it, may be thus stated: Admitting that the Von Leicht survey is correct, and follows the decree of confirmation ”