In this view
Julian, when he came to California, encouraged them, and, as was
generally reported and believed, in consideration of a portion of the
land to be given to him in case of success, undertook to defend their
possessions.[1]
When Frisbie applied, under the provisions of the act of Congress,
for a patent to the land, a man named Whitney, one of the squatters,
protested against its issue, on the ground that under the pre-emption
laws he, Whitney, having settled upon the land, had acquired a vested
right, of which Congress could not deprive him. But the Land Department
took a different view of the matter and issued the patent to Frisbie.
Whitney thereupon commenced a suit against Frisbie in the Supreme
Court of the District of Columbia to have him declared a trustee of
the land thus patented, and to compel him, as such trustee, to execute
a conveyance to the complainant. The Supreme Court of the District of
Columbia decided the case in favor of Whitney, and ordered Frisbie to
execute a conveyance; but on appeal to the Supreme Court the decision
was reversed; and it was held that a pre-emptioner did not acquire any
vested right as against the United States by making his settlement,
nor until he had complied with all the requirements of the law,
including the payment of the purchase-money; and that until then
Congress could reserve the land from settlement, appropriate it to the
uses of the government, or make any other disposition thereof which it
pleased.
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