The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-04-26

sufficient fields for their support. The law always
intended the Indians of the missions-all of them
who remained thereto have homes upon the mis-
sion grounds. The same, ! think, may be said OF
the large ranchos-most, or all OF which. were for
merly mission ranchos-and OF the Indian settle
ments or rancherias upon them. ! understand the
law TO be, that wherever Indian settlements are
established and they till the ground, they have a
right of occupancy in the land whic they need and
use; and whenevera grant Is made winch includes
such settlements the grant is subject to such occu
pancy. This right OF occupancy, however--at
least when on private estates-is not transferable
but whenevert the Indians abandon 1t, the title OF
the owner becomes perfect. Where there is no
private ownership over the settlement, as where
the lands il occupies have been assigned it by
functionary of the country thereto authorized.
there ia a process, as before shown, by which the
natives may alien their title. believe these re-
marks cover the principles of the Spanish law, in
regard TO Indian settlements, as far as they have
been applied in California, and are contormable to
the customary law that has prevailed there's
The continued observance OF this law, and the
exercise of the public authority to protect the In
dams in their rights under it, cannot think, pro-
duce any great inconvenience; while proper re-
gard for long recognised rights, and proper SYM
Pathy for an unfortunate and unhappy race, would
seem to forbid that it should be abrogated, unless
for a better. The number of subjugated Indians is
now too small, and the lands they occupy too in
significant in amount, tor their protection TO the
extent of the law, to cause any considerable mo-
lestation. Besides, there causes at work by
which even the present small number is rapidly
bs S b0 aat amy neIsSsa Ses
employed in the mission establishments alone the
number 30,650.t In lS42-only about eight years
after the restraining and compelling hand Of the
missionaries had been taken off-their number
the missions had dwindled to 4,450; and the pro-
Of reduction has been going rapidly
since.
In the wild or wandering tribes, the Spanish law
docs not recognise any title whatever to the soil
1t is common opinion, that nearly all of what
may be called the coast countrythat is, the coun-
try west of the Sacramento and Joaquin Valleys
which lies south Of and including the Sonoma dis
trict, has been coded, and is covered with private
grants. If this the case, it would still leave
the extensive valleys of those large rivers and their
lateral tributaries almost intact, and large
tent of territory--from three to four degrees of
latitude-at the north, attached to the public do
main, within the State of California, beside the gold
region, of unknown extent, along the foot hills of
the Sierra Nevada. But while il may be nominal
y the case, that the greater part of the coast
try referred to is covered with grants my observa
ton and information convince me, that when the
country shall have been surveyed after leaving to
every grantee all that his grant calls for, there will
be extensive and valuable tracts remaining. This
isexpaned by the fact that the grants not made
by measurement, but by loose designation of boun
daries, often including considerably greater extent
of land than the quantity expressed in the titles but
the grant usually provides that the overpus shall
main to the government. Although, therefore, the
surveys, cutting off all above the quantity expressed
in the grant, would interfere with nominal occu
that mode to all the interests commemorative hold
ers of the grants the government and the wants of
the population crowding thther. To avoid the pos
sibility of an injustice however, and to provide for
cases where long occupation or peculiar circum
stances may have given parties title to the extent
of their nominal boundaries, and above the quanti
ty expressed in their grants it would be proper to
authorize any who should feel elfaggrieved
by this operation of the survey, TO bring suit for
the remainder
The grants in California, am bound to say, are
mostly perfect tiAes-that is, the holders possess
their property by titles that, under the law which
created them, We're equivalent to patents from our
Government; and those which not perfect-that
is, which lack some formality some evidence of
completeness have the same equityas those which
arc perfect, and were and would have been equally
respected under the government which has passed
away. OF course allude to grants made in good
faith, and not to simulated grants, if there be any
such, issued since the persons who make them
ceased from their functions In that respect.
think the state of land titles in that country
will allow the public lands to be ascertained and
the private lands set apart by judcious measures,
dscredt, cause to be distrused the general char
acter of the titles there, besides the alarm and anx
iety which it would create among the ancient pop
ulation and among all present holders of property
would, i believe, also retard the substantial i'm
provement Of the country: title discrcdted is not
destroyed but every is afraid TO touch it, or at
all events to invest labor and money in improve
ments that rest on a suspected tenure. The holder
is afraid to improve; others afraid TO purchase
If they do purchase at its discredted value will
ing only TO make inconsiderable investments upon
IL. The titles not called in question (as they GER
tainly, for any reason which could discover, do
not deserve to be) the pressure of population and
the force of circumstances, will soon operate to
break up the existing large tracts into farms of such
extent as the nature OF the country will allow Of
and the wants Of the community require; and this
under circumstances, and with such assurance of
tenure, will warrant those substantial improve
ments that the thrift and prosperity Of the country
in other respects invite.
think the rights Of the government will be fully
secured, and the interests and permanent prosper
ty of all classes in that country best consulted by
no other general measure in relation 10 private
property than an authorized survey, according 10
the grants, where the grants modern or since
the accession Of the Mexican government, resery-
ing the overplus according 10 ancient posses
sion, where IL dates from the time Of the Spanish
government, and the written evidence of the grant
Is lost, does not afford data for the survey But
providing that in any where, from the opinion
OF the proper law officer or agent Of the government
in the State. or from information in any way re-
ccived, there may be reason TO suppose grant in
valid, the government Tor a proper officer Of I'D
may direct suit 10 be instituted for its annument.
II lie proper for me 10 say, that at Monterey, Gen.
Riley, then in charge of the government, promptly
directed the archives 10 be open TO my inspection;
and that in Mexico, my application, made by Mr..
Walsh, charge d'affares OF the United States to be
allowed 70 examine the Mexican archives, was
courteously received and acceded 10 by Mr. dc La
cunza, the Minister Of the Interior and Foreign Re-
lations. ] received, also, from Col. Geary, prnci-
pal magistrate Of San Francisco unusual facilities
for acquainting myself with the papers in his Office
relating TO that city.
Very respectfully, sir, your obedient servant,
WIN. CAREY JONES.
wAmsoToS, Oh March, 1880
OF course, what il here said Of the nature of In
dian rights does not refer 10 titles 10 lots and farm
ing tracts, which have been granted in ownership
to individual Indians by the government. These
suppose 10 be entitled 10 the same protection as
other private property.
This IL not estimate, IL IL an exact statement.
The records Of the missions were kept with system
and exactness; every birth, marriage, and death
was recorded, and the name Of every pupil neo-
phyfe, which is the name by which The mission In
dians were known; and from this record an annual
return was made 10 the government Of the precise
number Of Indians connected with the establish
ment.
James Lyons and the Resolutions OF Mr..
Richardson, OF Illinois.
The Richmond Wing Of yesterday, in giving
place TO the letter Of Mr.. Lyons which appeared in
this paper, on the subject Of tho claim Of Commo-