35. Frank Lewis... United States, 1857, Aug. 15. 316 do. G. P. Judd... ... 13. Chester Lyman.. 10. Do. 12. Fernando Alden. claimant, March and April, 1847 24 June, 1846 2224 815 9 14. Walkinshaw's petition... 15. J. A. Forbes' answer under oath.. 16. Report Col. Mason to Adj.-General. Ex. Doc. p. 534. United States, April, 1848 12 SALE OF BARRAS. 1846. Dec. 17. Castillero to Alex. Forbes, 5 barras for 1856. Dec. 7. Jecker, Torre & Co. Barron, F. & Co.-all interest. In the United States District Court, NORTHERN DISTRICT OF CALIFORNIA. 24th, 25th and 26th October, and 5th November, 1860, IN REPLY TO THE GOVERNMENT'S SPECIAL COUNSEL. REPORTED BY SUMNER & CUTTER. SAN FRANCISCO: COMMERCIAL STEAM BOOK AND JOB PRINTING ESTABLISHMENT, 1860. NOTE. THE following Argument is printed from the notes of Messrs. Sumner & Cutter, who reported it. It is due to MR. BENJAMIN to say that he had no opportunity to revise it before leaving California. ARGUMENT. MR. BENJAMIN said: WEDNESDAY, October 24th, 1860. May it please your Honors: It seems to me convenient in opening this case, to ask your Honors to recur in memory to the condition of the subject-matter of this litigation at the date of the breaking out of hostilities between the United States and Mexico in the year 1846. I desire first to call the attention of the Court to so much of the testimony contained in the Transcript of this case, as will satisfy the Court in relation to the knowledge that had been acquired by the officers of the Government of the United States in relation to the fact of the possession and ownership of this mine prior to the breaking out of the war. On the 13th of May, 1846, the Congress of the United States declared by resolution, and the President of the United States announced by proclamation to the people of the United States, that war existed between the United States and Mexico, by virtue of the commencement of actual hostilities on the part of the Republic of Mexico. On the 7th of July, 1846, according to the established jurisprudence of the Supreme Court of the United States, recognized also by Congress, the conquest of California was effected by proclamation made of that conquest by the forces of the United States. On the 2d of February, 1848, the war was closed by the Treaty of Peace; and by that treaty California, previously a conquered province, became a ceded territory-part of the domain of the United States. Prior to the breaking out of the war, the Government of the United States had public officers in California, whose duty it |