Supreme court of the United States. No. 135. The United States, appellants, vs. John A. Sutter. Appeal from the District court U.S. for the Northern district of California.

The United States vs. Sutter. 171
described, and during every year since it has been partially inundated,
and four years out of six it was wholly inundated, except where protected by artificial improvements, and excepting, also, an occasional
mound and the sand-hills below the city. The settlers commenced
in the summer of 1850 making levees on their ranches, which have
partially protected this tract of land from inundation; a great portion
of the first levees being small, were swept away. There is now nearly twelve miles of levee, reaching from the American river to Cordell's, besides a cross levee from the Sacramento river to the high
lands; these have partially protected all the land between
227 between the American river and Sutter since the year 1850.
There is also another cross levee on R street, on the south
side of the city of Sacramento, about 8 or 9 feet high. I have
been farming ever since 1850, and find it entirely useless to attempt
cultivating the ground without these artificial improvements. I
have known perhaps from fifty to one hundred instances where men
have attempted to farm without levees, along the Sacramento river,
from thirty to fifty of which will be included in the lands above described, and I have never known a case in which they have succeeded
in cropping profitably for any number of years together, without
artificial improvements.
JAMES M. SANDFORD.
And now, at this hour of 11 o'clock p. m., of this 25th day of March,
1856, this examination is adjourned until 101 o'clock a. m., on March
26th, 1856.
SAMUEL CROSS,
Notary Public, Sac. Co.. Cal.
And now, on this 26th day of March, 1856, at the hour appointed,
the parties appear by their attorneys; John H. McKune, esq., appearing as counsel for the appellants, and Presly Dunlap, esq.,
appearing as counsel for the appellee; and the examination of witnesses is continued as follows, to wit: Jams M. Sandford, the abovenamed witness, having been heretofore duly sworn, deposes and
says, and the examination is resumed.
Quest. No. 3. State how John A. Sutter's old fort is situated with
reference to the bluff or high land described in your previous answer?
Answer. The fort is situated on a neck of high land, forming a
corner in the rear of the strip of inundated lands on the Sacramento
river, and a similar strip on the American river. This high land is
a portion of and connected with the bluff heretofore described, and
I think has never been inundated since I was here.
Quest. No. 4. State if the lands lying between the fort and
228 the Sacramento river, upon which Sacramento city now stands,
also the lands lying below Sacramento city, and extending
down the Sacramento river to a point immediately below Sutterville
four miles, and one hundred and twenty rods below the mouth of the
American river, are subject to overflow caused by the swelling of the
currents of the American and Sacramento rivers; and if so, to what
extent, and how often?