Personal Reminiscences of Early Days in California with Other Sketches; To Which Is Added the Story of His Attempted Assassination by a Former Associate on the Supreme Bench of the State eBook

George Congdon Gorham
This eBook from the Gutenberg Project consists of approximately 412 pages of information about Personal Reminiscences of Early Days in California with Other Sketches; To Which Is Added the Story of His Attempted Assassination by a Former Associate on the Supreme Bench of the State.

Personal Reminiscences of Early Days in California with Other Sketches; To Which Is Added the Story of His Attempted Assassination by a Former Associate on the Supreme Bench of the State eBook

George Congdon Gorham
This eBook from the Gutenberg Project consists of approximately 412 pages of information about Personal Reminiscences of Early Days in California with Other Sketches; To Which Is Added the Story of His Attempted Assassination by a Former Associate on the Supreme Bench of the State.

It has often been a matter of wonder to me how it was that some good angel whispered to me not to open the box.  My impetuous temperament would naturally have led me to tear it open without delay.  Probably such hesitation in opening a package directed to me never before occurred, and probably never will again.  Who knows but that a mother’s prayer for the protection of her son, breathed years before, was answered then?  Who can say that her spirit was not then hovering over him and whispering caution in his ear?  That I should on that occasion have departed from my usual mode of action is strange—­passing strange.

* * * * *

As already stated, the fifth section of the act of Congress of July 1st, 1864, which granted the interest of the United States to the lands within the charter limits of 1851 to the city and its successors, in trust for the benefit of possessors under the Van Ness Ordinance, among other things provided for certain reservations to be subsequently made by the President, within one year after an approved plat showing the exterior limits of the city had been filed in the land office.  No such map was filed nor were any reservations made.  The case on appeal in the meantime was not reached in the Supreme Court, and was not likely to be for a long period.  Ascertaining from General Halleck that the Secretary of War would not recommend any further reservations to be made from the municipal lands, and that probably none would be made, I drew a bill to quiet the title of the city to all the lands embraced within the decree of confirmation, and gave it to Senator Conness, who being ready, as usual, to act for the interests of the city, immediately took charge of it and secured its passage in the Senate.  In the House Mr. McRuer, Member of Congress from California, took charge of it, and with the assistance of the rest of the delegation from the State, procured its passage there.  It was signed by the President and became a law on the 8th of March, 1866.  By it all the right and title of the United States to the land covered by the decree of the Circuit Court were relinquished and granted to the city, and the claim to the land was confirmed, subject, however, to certain reservations and exceptions; and upon trust that all the land not previously granted to the city, should be disposed of and conveyed by the city to the parties in the bona fide actual possession thereof, by themselves or tenants, on the passage of the act, in such quantities, and upon such terms and conditions, as the Legislature of the State of California might prescribe, except such parcels thereof as might be reserved and set apart by ordinance of the city for public uses.

Not long afterwards both the appeals to the Supreme Court were dismissed by stipulation of parties.  The litigation over the source of title to lands within the limits of the city, not disposed of by independent grants of the government previous to the acquisition of the country, was thus settled and closed.  The title of the city rests, therefore, upon the decree of the Circuit Court entered on the 18th day of May, 1865, and this confirmatory act of Congress.  It has been so adjudged by the Supreme Court of the United States.—­(See Townsend vs.  Greely, 5 Wall., 337; Grisar vs.  McDowell, 6 Wall., 379.)

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Personal Reminiscences of Early Days in California with Other Sketches; To Which Is Added the Story of His Attempted Assassination by a Former Associate on the Supreme Bench of the State from Project Gutenberg. Public domain.