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It was therefore not until May 25, and after the receipt of Becerra’s communication approving the proposed contract, that the junta resolved “that the right judicial agreement be drawn up instantly, and that utility be made for the draft for the $5,000 on Mazatlan or Guadalajara,” as seems by the actas of that day. But when the United States consent to look merely as a suitor within the courts and to litigate her rights with an antagonistic non-public claimant, the rights of each should be determined by the application of the strange guidelines which prevail in actions between private individuals. Until the approval of the supreme government of this proposed association could possibly be had, no formal contract could presumably be entered into. But it is objected that the documents produced from Mexico are not admissible in evidence. I cannot understand, subsequently, that the familiar doctrine of the frequent legislation, which regards title deeds as incident to the land and as passing with it, has any application. He expatiates upon the insufficiency and discrepancies of the Castillo Lanzas dispatch, however he nowhere breathes a word of reproach or complaint that an abortive and absurd forgery had been committed, the only results of which had been to depart the title as “imperfect and ambiguous” as earlier than. The existence of the paperwork now relied on to establish the title of the claimants, no much less than as early because the spring of 1847 and prior to the date of the supposed forgery, is also proven by testimony adduced by the United States. To the Minister of Relations, for the correct measures of his office with the understanding that the supreme government accedes to the petition.” We shall presently see that the petition of Castillero was for land, and never for additional mining pertenencias. It shall be seen that the proofs don’t consist of any one set of papers derived from a single office, the archives of which could have been falsified and the officials corrupted. When we think about the lengthy collection of forgeries and the almost innumerable perjuries which will must have been committed if these paperwork are not genuine, the crimes imputed to the witnesses are as appalling as the extent and almost countless ramifications of the conspiracy to commit them are incredible. The alleged forgeries, but without the slightest intimation that in that interval a second Lanzas dispatch had been fabricated. Bassoco, to have been procured by himself from Escalante, the agent of Lafragua. Its correct place of custody was the Ministry of Relations, but M. De Bassoco supposes that it had most likely been taken by Mr. The authentic manuscript “Memoria,” or report by the junta, is acknowledged by Mr. He identifies the signatures and rubrics of Vicente Segura and Isidoro R. To the junta conforms completely to the acuerdo or resolution taken on the topic, and noted within the margin of the communication. Gondra, which are affixed to it, and states his conviction that it is the similar document sent in by the junta to the Minister. There can additionally be produced from the identical archives a licensed copy of the draft of the communication addressed by the Minister of Justice to the Minister of Relations. Lafragua to his own home, when the latter was getting ready his report to the nationwide Congress, and by chance remained amongst his papers. “Wherefore I transcribe it to your Excellency, in order that in conformity with what’s prescribed by the laws and inclinations upon colonization, you may put Senor Castillero in possession of the 2 sq. He complains in 1850 that his ideas relative “to the attainment of the essential document,” explained in his memorandum left at Tepic, in 1849, law firm visa have not been acted upon. The doc now exhibited is open to all of the objections, and liable to every criticism initially made and so continually repeated to the doc acquired by Mr. The junta shall characterize to the supreme government the need of approving the possession which has been given me of the mine, by the local authorities, in the same terms as these which I now hold it.” On the twelfth May, 1846, Castillero, who had sailed from California in the barque Don Quixote and arrived in Mexico, submitted to the junta 9 propositions in writing by which he indicated the kind of assist and protection he required. This letter was received by the Minister of Justice on the ninth May, as shown by the marginal observe of its contents and reception, and on the identical day the Minister formally acknowledged its receipt in a dispatch addressed to the junta. In the quick summary of the proof which I suggest to provide, I shall comply with somewhat the chronological sequence of the events alleged to have occurred, than the order in which the various paperwork had been produced. He had beforehand, nonetheless, appeared before them, given a verbal account of his discovery, and been requested by the junta to furnish a written statement as to what aid he required. Their rights as discoverers, in case they were such; and on this view the availability was wise, and maybe necessary. It left to every kind of merit its appropriate reward, and gave to the miner, who united each in himself, all the privileges which the law firm visa attached to every. To these courts got substantially the powers formerly possessed by the territorial deputations beneath the ordinances. leagues which are mentioned.” “7th. “There was only one act of possession which I understood to have been given. But this group was not perfected in the Californias, and the alcaldes in this department appear to have exercised the functions and jurisdiction which might in any other case have belonged to the courts of first occasion. Three pertenencias, and also lands in regards to the hacienda, law firm visa I understood to have been given to Castillero in 1845.” The possession transferred by him to Walkinshaw in 1847, and again on his return from Tepic acquired again from Walkinshaw, is said to have been like the unique possession obtained from Padre Real. This embraced three pertenencias, as far as regarded the mine. Having thus ascertained what acts have been accomplished and rights acquired by Castillero in California, we will next consider the title claimed to have been obtained by him from the supreme authorities of Mexico. In the possession obtained by Alexander Forbes from Weekes, alcalde, in January, 1848, four pertenencias appear to have been thought of the quantity to which the events have been entitled, and a tract 200 varas lengthy and eight hundred extensive, comprising exactly four pertenencias, is designated by the alcalde. Theory of the United States, which supposes the forgeries to have been committed concerning the time of the Weekes certificates. We will hereafter see that it is alluded to in Castillero’s communication to the junta, during which he states “that he has taken possession not only of said mine, but in addition of an extent of three thousand varas in all instructions from that time.” It is insisted by the counsel of the United States, that this distinction between the possession of the mine and the gracia, or gift, of three thousand varas, is due totally to the ingenuity of counsel for claimants, and isn’t discovered within the phrases or sense of the instrument. It comprised the hacienda and the mine, however no particular tract of land. It is nearly equally inconceivable that this document, after being copied by Weekes, ought to have been again despatched to Mexico, and returned to Walkinshaw in time to be found among his papers in 1853. It incorporates licensed copies of the 2 representations of Castillero, purporting to have been made on the 13th January, 1846, and a reproduction unique of the act of possession signed by Antonio Maria Pico. We have already seen that the identical distinction is clearly taken in James Alexander Forbes’ letter of May 5, 1847. Appended to these is a receipt by Pico for twenty-five dollars, dated December 30, 1846. If this doc be genuine, it affords important evidence of the date of the judicial possession. Similar allusions to the original registry and act of possession are present in various judicial proceedings in the course of the year 1849. And in Answer 24, he admits that three thousand varas in all instructions would include a half of Berreyesa’s land in addition to public land. The omission of the Castro petition in this espediente seems to me, I confess, an important corroboration of the statements of the witnesses who show the genuineness of the signatures.
