Samuel Nelson

“ No nation of white people, who have ever established themselves and their government in America, (however proud and confident in their superiority over the red men who were found in the occupancy of the lands,) have ever denied that the Indians were human beings entitled to the rights of humanity, to the natural rights of holding, and acquiring, and alienating property, real and personal, including the rights of marriage and descent. ”

“ The question of practice in the partieular case is rather a matter of form than of substance.
It is objected, further, that the 12th section of the act of 1852 makes no provision for notice to the party in whose favor the decision has been rendered by the commissioners, of the appeal to the district court, and that a hearing may be had there, and the decision reversed in his absence. But he has notice of the appeal, as the filing of the transcript by the board, according to the act, has that effect; and then ordinary diligenee will enable the party to be heard on the appeal. ”

“ That, being a free man, and owning a sufficient number of cattle and horses to establish a rancho, he solicits from the strict justice and goodness of your honor that you be pleased to grant him the land of the 'Suisun,' together with its known appurtenances, which are a little more or less than four square leagues, from the 'Portzuela to the Salina de Sucha.' Said land belongs to him, by hereditary right from his ancestors, and he is actually in possession of it ”

“ The Indian race having participated largely in the struggle resulting in the overthrow of the Spanish power, and in the erection of an independent government, it was natural that in laying the foundations of the new government, the previous political and social distinctions in favor of the European or Spanish blood should be abolished, and equality of rights and privileges established. ”

“ The pretended title of Vallejo, through Solano, was only a fraudulent device to cover the plunder, by him, of a part of the mission lands of San Francisco Solano.
8. The land is not shown to be at the necessary distance from the frontier to make it subject to colonization.
9. Of course, Vallejo, having no title, could convey none to Ritchie, and the land appertains to the public domain of the United States. ”

“ That he may inclose it, without prejudice to the crossings, roads, and servitudes, and enjoy it freely and exclusively, making such use and cultivation of it as he may see fit; but within one year he shall build a house, and it shall be inhabited. ”

“ The historical evidence of the revolutions in Mexico, confirms the position that the Indians were capable of buying and selling lands. The plan of Iguala, and treaties of Cordova, and other public documents, all recognize the right.
VII. Although the grant has been so made to Solano in fee, yet it is said that Solano was not authorized, and had not capacity, to sell. ”

“ Proceeding to this particular case, he contended that Mariano Guadaloupe Vallejo, under whom Ritchie claims, had no title to convey, the pretended title in him being, for various reasons, null and void in law and equity.
I. Of the conveyance from Solano to Guadaloupe Vallejo.
§ 1. The claimant assumes that, by reason of the 12th and 13th articles of the plan of Iguala, Indians in Mexico may take, hold, and sell lands. ”

“ Before that treaty, this land had been so completely severed from the public domain of Mexico, so perfectly vested in the grantee by a legal title in fee, that no right of property in the land passed to the United States.
VI. By the laws, usages, and customs in California, all persons, without any distinction between races, had capacity to take and alienate lands. Upon this point of the case, Mr. Bibb's citations were very numerous.
1. The governor and departmental assembly considered that Solano's being an Indian did not prevent him from holding land. ”