Court of the United States. An appeal was also
taken by the United States, but was subsequently withdrawn.
The case remained in the District Court without being
disposed of until September, 1864, nearly ten years,
when, under the authority of an act of Congress of
July 1st of that year, it was transferred to the Circuit
Court of the United States. Whilst the case was
pending in the District Court, the population of the
city had increased more than four-fold; and improvements
of a costly character had been made in all parts of
it. The magnitude of the interests which had
thus grown up demanded that the title to the land
upon which the city rested should be in some way definitely
settled. To expedite this settlement, as well
as the settlement of titles generally in the State,
was the object of the act of July 1st, 1864.
Its object is so stated in its title. It was
introduced by Senator Conness, of California, who was
alive to everything that could tend to advance the
interests of the State. He felt that nothing
would promote its peace and prosperity more than giving
security to its land titles, and he labored earnestly
to bring about that result. In framing the act,
he consulted me, and at my suggestion introduced sections
four, five, and seven, which I drafted and gave to
him, but without the exception and proviso to the fifth
section, which were added at the request of the Commissioner
of the Land Office.[4] The fourth section authorized
the District Court to transfer to the Circuit Court
cases pending before it arising under the act of March
3d, 1851, affecting the title to lands within the
corporate limits of a city or town, and provided that
in such cases both the District and Circuit Judges
might sit. By the fifth section, all the right
and title of the United States to the land within the
corporate limits of the city, as defined by its charter
of 1851, were relinquished and granted to the city
and its successors for the uses and purposes specified
in the Van Ness Ordinance. The exceptions incorporated
at the suggestion of the Commissioner of the Land Office
related to parcels of land previously or then occupied
by the United States for military, naval, or other
public purposes, and such other parcels as might be
subsequently designated for such purposes by the President
within one year after the return to the land office
of an approved plat of the exterior limits of the
city. The holders of grants from the authorities
of the pueblo and the occupants of land within
the limits of the charter of 1851 were thus quieted
in their possessions. But as the claim of the
city was for a much greater quantity, the case for
its confirmation was still prosecuted. Under
the fourth section it was transferred to the Circuit
Court, as already stated; and it was soon afterwards
brought to a hearing. On the 30th of October,
1864, it was decided. For some reason I do not
now recall, the District Judge was unable to sit with
me, and the case was, therefore, heard before me alone.