The New York herald., 1850-04-29

the arms of the United States There are, ofcourse
no Mexican grants, or grants by the Mexican au-
thorities, which purpor TO have been issued subse-
quent TO that time The inquiry must relate there
FORE either to supposed simulated grants, by per-
| sons formerly in authority there, or to whatever
| may have been done, in respect to the domain, by
| or under the American authorities. 1t is believed
in the country that there are some simulated grants
in existence; that is, some papers purporting to be
grants which have been issued since the cessation
| OF the Mexican government, by persons who for
merly, al different times had the faculty of making
| grants in that country. 1t would be imposs-
bic, however, to make list of them, with the par
| ticulars enumerated in the instructions; for, if
there be any such they would of course not be sub
| miited for public inspection, or in any way seek
| the light. But believe it would not be difficult
for person skilled in the grants in that country
and acquainted with the archives, and the various
facts to be gathered from them, TO detect any silnu
lated paper that might be thus issued after the per
son issuing it had ceased from his office. The test
however, would necessarily have to be applied to
| each case as it rose. No general rule, believe,
| can be laid down.
| Recurring, then, to the other point which sup
s ao se @ bad
| the accession of the American authorities in Cali
| fonia, was ''decree'' made by General Keamy,
under date Of 10th March, 1877, as follows
81, Brgadier General 5. w. keamy, Governor
Of California, by virtue of authority in me vested,
by the President of the United States of America,
do hereby grant, conrey and release unto the town
ties thereof, all the right, title, and interest of the
Government of the Umited States, and of the Terri
tory of California, in and to the beach and water
lots the front of said town of San Francisco,
| included between the points known as the Rincon
and Fort Montgomery, excepting such lots as may
beseected for the use of the United States Govern
| ment by the senior officers OF the army and navy
now there provided the said ground hereby ceded
shall be divided into lots, and sold by public auc:
| ton to the highest bidder, after three months
tce previously given the proceeds Of said sale to
| be for the benefit of the town of San Francisco"
| Pursuant to the terms of this paper, what
| termed government reservations" were made,
| both within and outside the limits specified, and
the remainder of the lots designated have been since
| These lots extend into the shallow water along the
beach of San Francisco, and are very suitable and
requisite for the business purposes OF that growing
| city. The number of four hundred and forty-fo
| of them were sold in the summer ensuing the 'de-
| cree, and in December last, have learned since
| my return, the remainder, or large portion of
| them, were disposed Of by the corporation. But
little public use has been made OF what are denOm-
| mated the government reservations" Portions
| of them are reputed to be covered by old grants;
portions have been settled on and occupied by way
| of pre-emption, and other portions particularly
''Rincon Point" have been rented out, | am in
formed, to individuals, by the late military govern
ment.
Under the above ''decree" of General Keamy,
and the consequent acts of the authorities of San
Francisco such multiplied, diversified, and import
ant private interests have arsen that at this late
day, no good, but immense mischief, would result
from disturbing them. The city has derived large
amount of revenue from the sale of the lots; the
lots have been resod, and transferred in every va
riety Of way, and passed through many hands, and
on many OF them costly and permanent improve
ments have been made-improvements required by
the business and wants Of the community, and
which ought TO give the makers Of them an equit-
able interest in the land, without the faith OF
the government implied by leaving the act of its
agent so long unquestioned. An act of Congress,
relinqushing thus, in the lawful mode, the interest
Of The United States in those beach and water lots
would seem to be only an act Of justice TO the city
and 10 the lot holders, and TO be necessary to give
that validity and confidence that ought 10 attach 10
property OF such great value and commercial inn
portance.
In regard to the governmental reservations
so called, where they may be in private hands,
whether under former grant, or by occupancy
and improvement, the same equity would seem 10
call for at least 1re-epton right TO be allowed the
holders, except for such small parts as may be ac-
tually required for actual uses. In regard 10 the
places known as ''Clark's Point" and the 'Rincon
Point, which are outside OF the land embraced in
General kcarny's decree, and portions OF which IL
is understood have been put in the hands of rentecs
perhaps the most equitable use that could be made
Of them, Except, as before, the parts needed for
public uses,) would lie to relinquish them To the
city, 10 be sold the beach and water lots have
been; with due regard, at the same time, 10 rights
acciuing from valuable improvements that may
have been made upon them, but represslng mono
poly OF property extensive and valuable and so
necessary To the Improvement, business and growth
of the city
Other operations in lands which had not been
duced TO private property at the time OF the cessa-
tion of the former government have taken place IN
and about different towns and villages, by the al
caldes and other municipal authorities continuing
10 make grants Of lots and outlots, more or less
according TO the mode of the former government.
This, understand, has been done, under the sup
position OF right TO the lands granted existing in
the respective towns as corporations. TransactiOns
Of this nature have been 10 very large extent at
san Francisco; several hundred, in lots of fifty varas
square, and ouflots Of one hundred varas square,
have been thus disposed of, by the successive al
caldes Of the place since the occupation of Il by the
American forces, both those appointed by the naval
and military commanders, and those subsequently
chosen by the inhabitants.
IL is undoubtedly conformable TO the Spanish CO.
lonial laws, that when villages Were TO be esta-
bshed, there should be liberal allotments 10 the
first settlers, with commons for general use, and
municipal lands (jTop,Os) for the support and cx-
tension OF the placehst is TO he rented, or other
| wise transferred, subject TO n tax; and that the
principal magistrate, in conjunction with the dynn-
toH,,eHto, or town council, should have the dispo-
sal OF those town beTtes under the restrictions Of
law for the benefit Of the place; and the was
the practice in California, under the Mexican go
vcinment. II is not always easy 20 determine
within what limits this authority might be excr-
cised; but, IN new communities, whether the set
| tlement was founded by enJTCsdrt0 (conimCto),
| or by the government, the allotments were always
on liberal scale, both for the individuals and the
village. A very early law claw q, tit. 3. lib. 4,
Recop de lndias) fixes four leagues Of limits and
land (dc fcypiino y tcTritoric), in square or pro-
longcd, according to the nature Of the tract, for
/ n settlement Of thirty families; and suppose this
is as small tract as has been usually set apart for
| village uses and liberties, under the Spanish
| Mexican government in New Spain; sometimes
much more extensive privileges have no doubt been
| granted The instructions Of I173 to the com
mandant OF the new posts, authorizes pueblos TO be
| formed, without specifying their limits, which
would Of course bring them under the general law
| Of four leagues.
The roysI re Qulaton of I7sI for the CALIFORNIA;
| directs suitable municipal allotments to he made,
/ 4" confonnable TO the law;' and this likewise must
| refer TO the law specifying four leagues square.
The letter Of instructions Of 1891 authorizing the
captains Of presidos to make grants in the neigh
lorhood of their respective posts, specifies the same
quantity, 10 wit, "the extent Of four common
! leagues. measured from the centre OF the Presido
square, two leagues in each direction, sufficient
for the new puebos TO be formed under the proiec-
| ton Of the pTesidos."
The Mexican laws, as far as am aware. make