Stephen Johnson Field

“ Nor can it be questioned that, if parties not authorized by law to supervise the proceedings to a patent should assume that function, the objection might be taken when the patent was offered in evidence. As, for instance, if the supervisors of San Francisco should undertake to exercise the functions of the land department, any one prosecuted under their patent could assail it by showing the power to execute such an instrument was vested in a different body. ”

“ The distinction is constantly applied with reference to the proceedings of ordinary tribunals. If they have jurisdiction of the subject-matter and the parties, their judgment cannot be collaterally assailed for mere errors committed in the proceedings leading to it. The remedy for errors must be sought by application for a new trial, or by appeal for a review to an appellate court. The same distinction prevails with reference to the proceedings of the special tribunal or department of the government to which is intrusted the supervision of measures for the issue of its patent. ”

“ No stipulation or agreement, therefore, said the secretary, between the state and the city and county could estop or relieve the officers of the department from the duty of executing the decree, or of protecting the interests of the government; adding, that if the city and county should ask to withdraw the protest, or to have the same dismissed, the government would still have the right to make use of the objections and of the evidence filed in their support for its own protection as well as for properly surveying the claim in accordance with the decree. ”

“ The existence of tide-lands in the intersecting water in no respect affects the result. For illustration, in the measurement of a body of water like Long Island sound, when the Connecticut river is met the line of survey does not follow up that river to Hartford because the tide is felt at that place, but it crosses the mouth of the river from headland to headland. So, too, the measurement of Chesapeake bay does not include the Potomac river up to Washington because the tide is felt at the site of the capital. ”

“ It is the only doctrine which will insure peace and tranquillity to parties holding under patents issued upon confirmed Mexican grants. Any other doctrine would introduce endless confusion and perplexity as to all such titles. If there be in fact any material conflict between the boundaries given in the decree of confirmation and those described in the official survey, the only remedy is to be sought by direct proceedings instituted by the government, or by its authority. Until the alleged conflict is thus determined and adjusted, the patent must control. ”

“ And by the term 'property,' as applied to land, all titles are included,-legal or equitable, perfect or imperfect. 'It comprehends,' assaid by this court in Soulard v. U.S., 4 Pet. 511, 'every species of title, inchoate or complete. It is supposed to embrace those rights which are executory as well as those which are executed. ”

“ When the patent to the city was brought before the referee, and it was conceded that the land in controversy was included within the boundaries embraced by the survey embodied in it, judgment should have been rendered for the defendant. ”

“ As a correct solution of the questions involved is of vital importance to the security of titles claimed under confirmed Mexican grants in California, followed by a survey made and a patent issued under the land department of the government, and as I have had personal knowledge of all legal proceedings touching the claim of the pueblo of San Francisco from their commencement, I will venture to make some observations, in addition to those of my brethren, upon the propositions of law advanced by the court below. ”

“ And it is equally conclusive against parties claiming under the government by title subsequent.' The patent, being thus conclusive, can only be resisted by those who hold paramount title to the premises from Mexico, antedating the title confirmed; that is, by persons who can successfully resist any action of the United States in disposing of the property, or in perfecting the title of the claimant. ”

“ He added that it was plain that the high-water mark extended to the shore of the bay, leaving out any reference whatever to the inland channels of the streams intersecting the granted peninsula. He accordingly directed a substantial adhesion to the decision of his predecessor, and overruled the application for its review. ”