The Sutter Claim, the Evidence Taken in Case 192 Before the Board of U. S. Land Commissioners, Together With the Brief of the United States Land Agent (Classic Reprint)
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| Hersteller: | Forgotten Books (California, United States; Commission fo) |
| Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from The Sutter Claim, the Evidence Taken in Case 192 Before the Board of U. S. Land Commissioners, Together With the Brief of the United States Land Agent Then follows the averments describing the grant of 1841, which will be stated in the proofs. The petition then avers that after said grant was made he continued in the occupation of said land, and at great expense, erected south of the American river, at his establishment of New Helvetia, an extensive fort, and maintained there a garrison sufficient for the protection of the settlements and the frontiers; that he complied with all the conditions of the grant, and that the results of his settlement upon the frontier, in the civilization of the indian tribes, in the protection of which it gave to the frontier, and in the emigration to this point which it encouraged and secured, were highly beneficial to the whole country, and fully answered the expectations entertained by the Government when it sanctioned and promoted his enterprise. The petition further avers, that at the time of making said map which accompanies his petition for the land, the position of the point at which the southern line of the tract leaves the Sacramento river was determined by observation as accurately as it could then be done, but he is now advised that the determination of the latitude of said point, as made at that time and designated on the map, was erroneous, in consequence of imperfection in the instruments used in making the observation, and that the latitude 38 deg. 49 min. 32 sec., instead of crossing the Sacramento river at that point, as it was supposed to do, would intersect it north of the American river, thereby excluding all that portion of said land lying south of the American river. Claimant represents that this portion of the land south of the American river was the part of the tract on which his principal establishment was actually located; that it was intended to be and was included in the land petitioned for; that it was intended to be included in the grant; that it was always understood to be so included by the petitioner, by the government, and by the people of the country; that it lies north of the line actually located as the southern line of the grant, and so designated on the map, and that it was in reference to the actual position of the lines laid down upon the map that the grant was made. He prays the confirmation of his title according to the actual position of the lines as located and laid down on the map, and according to the true intent and meaning of the grant, to wit: to the extent of eleven square leagues, lying upon the banks of the Sacramento, American and Feather rivers, between said rivers and the dotted lines marked upon said map as the boundary of the overflowed and barren lands, and between the line marked 39 deg. 32 min. 45 sec. and the Three Buttes on the north, and the line marked 38 deg. 49 min. 32 sec., as designated on the south, the southern line of the tract so confirmed to him to be the line represented on the map south of the American river as it was actually surveyed and marked out. Crittenden, Inge and Martin, attorneys for claimant. Filed in office March 1, 1853. The original petition in this case was filed by Chetwood, Edwards & Rose as attorneys on the 8th day of March, 1852, and contained, in addition to the usual matter connected with the eleven league grant, proper averments describing a grant for twenty-two leagues of overplus, an abstract of which grant will be hereinafter contained. The original petition claims thirty-three leagues of land. The original grants in this case are not produced. The Surveyor General reports, in answer to an inquiry from the Secretary of the Commission, that there is evidence in the archives under his control sho
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