Folsom

A decree having been entered at a former term, confirming the claim in this case according to the boundaries mentioned in the grant, the appeal therefrom was, by consent of the district attorney, acting under the instructions of the attorney general, dismissed. A motion is now made that the survey be brought into court to be examined and passed upon, and that a final decree be entered confirming to the claimants the lands so surveyed. This motion is made that the court may exercise the jurisdiction which, by the recent decision of the supreme court in the case of U. S. v. Fossat, 21 How. [62 U. S.] 445. it is sfipposed to possess. As the same proceeding may be taken in the ease of every claim confirmed by this court, and as the jurisdiction the court is invited to exercise is one it was not by any one suspected to possess until the decision referred to appeared, an argument on the point was called for, in the hope that, on a full discussion, some of the difficulties and embarrassments which were felt on all sides to surround the subject might be removed. It would be idle to conceal the fact that the question presented and the doubts raised by the recent decision of the supreme…