government, and that he, and persons
claiming under him, were entitled to protection. This principle received
the entire concurrence of my associates, and was applied by us, in its
fullest extent, for the protection of all possessory rights on the
public lands. Thus, in Coryell vs. Cain, I said, speaking for the
court: "It is undoubtedly true, as a general rule, that the claimant
in ejectment must recover upon the strength of his own title, and
not upon the weakness of his adversary's, and that it is a sufficient
answer to his action to show title out of him and in a third party.
But this general rule has, in this State, from the anomalous condition
of things arising from the peculiar character of the mining and landed
interests of the country, been, to a certain extent, qualified and
limited. The larger portion of the mining lands within the State
belong to the United States, and yet that fact has never been
considered as a sufficient answer to the prosecution of actions for
the recovery of portions of such lands. Actions for the possession
of mining claims, water privileges, and the like, situated upon the
public lands, are matters of daily occurrence, and if the proof of
the paramount title of the government would operate to defeat them,
confusion and ruin would be the result. In determining controversies
between parties thus situated, this court proceeds upon the
presumption of a grant from the government to the first appropriator
of mines, water privileges, and the like. This presumption, which
would have no place for consideration as against the assertion of
the rights of the superior proprietor, is held absolute in all those
controversies. And with the public lands which are not mineral lands,
the title, as between citizens of the State, where neither connects
himself with the government, is considered as vested in the first
possessor, and to proceed from him."--(16 Cal., p. 572.)

The difficulties attendant upon any attempt to give security to
landed possessions in the State, arising from the circumstances I have
narrated, were increased by an opinion, which for some time prevailed,
that the precious metals, gold and silver, found in various parts of
the country, whether in public or private lands, belonged to the
State by virtue of her sovereignty. To this opinion a decision of the
Supreme Court of the State, made in 1853, gave great potency. In
Hicks vs. Bell, decided that year, the court came to that conclusi