Samuel Freeman Miller

“ The superior force which is attached, in the argument of counsel, to a perfect grant from the Mexican government had its just influence in the board of commissioners, or in the courts to which their decisions could be carried by appeal. If the title was perfect, it would there be decided by a court of competent jurisdiction, holding that the claim thus presented was valid ”

“ It was in this condition, as to population, of the territory itself, with a proprietary title in the United States to a vast region of country included within its limits, in which miners, ranchmen, settlers under the Mexican church authorities, and claimants under Mexican grants were widely scattered, that the state of California was admitted into the Union, and the necessity was presented for ascertaining by some means the validity of the claims of private individuals within its boundariew, and to establish them as distinct from the lands which belonged to the government. ”

“ It is a necessary part of a free government, in which all are equally subject to the laws, that whoever asserts rights or exercises powers over property may be called before the proper tribunals to sustain them. ”

“ A patent could not be issued for the land claimed under a Mexican grant unless such proceedings were first had for the confirmation, and it is not pretended that they were not had in respect to the Jimeno grant. The patent was issued only in pursuance of the decree of confirmation, and for the purpose of carrying it into effect.' These cases show that the doctrine has not been considered as well settled in California against the views herein expressed until the case now before us, or, rather, until that of Phelan v. ”