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

REPORT
On the subject of Land Titles an California,
made in pursuance Of Instructions from
the Secretary of State and the Secretary
of The Interior, by WILLIAM CAREY
JONES.
SIN: On the 18th Of July last, received a letter
of that date from the Department of State, inform
ing me that had been appointed confidential
agent of the Government, to proceed to Mexico and
California, for the purpose of procuring information
as to the condition Of Land Titles in California;
and, at the same time, your letter Of instructions,
and letter from the Commissioner Of the Land
Office.
Pursuant to these, left this city on the l4th of
the same month and embarked from New York on
the l7th, ON board the steamship Empire City, for
Chagres. Arriving at that place on the 29th,
proceeded Immediately to Panama, under the ex-
pectation of shortly obtaining passage to Calfor
mia. The first opportunity, however, was by the
steamship Oregon, the 29th of August. arrived
at Monterey, the then capital OF California, and
the 10Th of September. ! afterward visited the
towns Of San Jose, the present capital, and San
Francisco, and returned to Monterey also made
arrangements for going by land, so as to visit the
principal places ON the way, from Monterey to Los
Angeles, and thence to San Diego. The early set
ting in of the rainy season rendered this journey
impracticable; and on the 10th OF November left
Monterey on the steamship Panama, and went by
sea to San Diego. Thence, went by land to Los
Angeles; and on the Sd of December returned to
San Diego in order to embark on the steamer which
was at that time expected from San Francisco.
embarked from San Diego on the 7th of December
on the steamship Unicorn, and landed the 18th of
the same month at Acapulco, in Mexico. pro-
ceeded thence rapidly possible to the city Of
Mexico, where i arrived on the 24th. On the lit
of January left that city, and the 18th of the
same month embarked from Vera Cruz for Mobile,
and thence arrived in this city the lst of Febru-
ary have been prevented from making my re-
tha hth he tad de-
tention of the papers and memoranda which col
lected in California and which could not, without
inconvenience and delay, and some hazard of their
loss, bring with me through Mexico and therefore
procured to be brought by way of the Isthmus of
Panama.
On arriving in California, my attention was i'm
mediately directed to the subjects embraced in your
letter of instructions
l. sTo THE MODE OF CREATING TITLES TO LAND,
FROM THE FIRST INCEPTION TO THE PERFECT TITLE,
AS PRAcTIsED BY Mexico, WITHIN THE PROVINCE
OF CALIFORNIA"
All the grants ofland made in California Except
pueblo village lots, and except, perhaps, some
grants north of the bay of San Francisco will be
Hereafter noticed) subsequent to the independence
of Mexico, and after the establishment Of that gov
ernment in California, were made by the different
political governors. The great majority OF them
were made subsequent to January, 1882, and conse-
quently under the Mexican Colonization Law of
18th August, 1924, and the government regula-
tons, adopted in pursuance of the law, dated 2lst
November, 1928. In January, 1882, General Jose
Figueroa became Governor of the then Territory
of California, under a commission from the gov
ernmcnt at Mexico, replacing Victoria, who, after
having the year before displaced Echandrea, was
himself driven out by revolution. The installa
ton of Fgueroa restored quiet, after ten years of
civil commotion, and was at a time when Mexico
making vigorous efforts to reduce and popu-
late her distant territories and consequently grant
ing lands on liberal scale In the act Of 1924, a
league square (being 4,42S 402- 1000 acres) is the
smallest measurements Of rural property spoken of
SO, 900 acres) might be conceded in grant to one
individual. By this law, the States composing the
federation were authorized to make special provi-
sion for colonization within their respective limits,
and the colonization Of the Territories, "conforma-
bly, to the principles of the law, charged upon the
Central Government California Of the latter
description, being designated Territory in the
Acfa Constiutpa of the Mexican federation, adopt
ed 3lst January, 1924, and by the constitution,
adopted 4th October Of the same year. The colo
nizaton of California, and granting of lands there
in, were, therefore, subsequent to the law of 18th
August, 1924, under the direction and control of
the Central Government. That government, as
already stated, gave regulations for the same, 2lst
November, 1928.
The directions were very simple. They gave
the governors of the Territories the exclusive fac
ulty of making grants, within the terms of the
iaw-that 10, to the extent of eleven leagues, or
sifios, TO individuals; and colonization grants,
(more properly, contracfs) that is, grants OF
larger tracts TO enpresdrios, persons who should
undertake, for a consideration in land, TO bring
families to the country for the purpose OF colonial
ton. Grants Of the first description, that is, TO
families or single persons, and not exceeding
eleven sitios were "not to be held definitvely
valid" until sanctioned by Territorial Deptaaion.
Those Of the second class, that is empresario or
colonization grants, Tor contracts,) required like
concurrence of the Deputation was refused TO a
grant of the aforementioned class, the governor
should appeal, in favor of the grantee, from the
assembly TO the Supreme Government.
The first inception" of the claim, pursuant 10
the regulations, and practised in California,
petition TO the Governor, praying for the grant,
specifying usually the quantity ofland asked, and
designating its position, with some descriptive OBJ
iect or boundary, and also stating the age, coun-
try, and vocation of the petitioner. Sometimes,
also, (gcnerally at the commencement Of this sys
tem,) a rude map or plan OF the required grant,
showing its shape, and position with reference 70
other tracts, TO natural objects, presen tod
with the petition. This practice, however was
gradually disused, and few Of the grants made in
late years have any other than a verbal dcscrip-
ton.
The next step was usually reference Of the pc
tition, made on the margin, by the governor, 70
the prefect of the district, other near local OFF,
cer where the land petitioned for was situate, "a
know II was vacant, and could be granted with
out injury TO third persons or the public, and
times 10 know IL the petitioners account OF him
self was true. The reply (irvorme) Of the prefect
or other officer, was written upon or attached to
the petition, and tho whole returned TO the gov
ernor. The reply being satisfactory, the governor
then issued the grant in form. On it's receipt, or
before, (ofcn before the petition event. the party
went into possession. II was not unfrequent oi
late years, to omit the formaty Of sending the pc
titon 10 the local authorities, and IL
qusite If the governor already possessed the neces
sary information concerning the land and the
parties. In that case the grant followed immedi-
ately on the petition. Again, IL sometimes hap
pened that the reply Of the local authority was not
explicit, that third persons intervened, and the
grant thus for some time delayed With these
qualifications, and covering the great majority Of
cases. the practice may be said TO have been i. The
petition q The reference TO the prefect alcalde
3. His report, informs; e. The grant from the
governor.
"Whsn filed, and ho,c, and by ,ohom reeorded'''
The originals of the petition and informe, and
any other preliminary papers In the case, were
filed by the secretary in The government archives
and with them cory (the original being delivered
TO the grantee) of the grant: the whole attached
together TO form document, (cntitled
collectively, an erpedienfs.) During the governor.
ship Of Figueroa and some of his successors, that
is from 22d May 1889, to 9th May 1896, the grants
were likewise recorded in book kept for that pur-
pose (as prescribed in the "regulations" above
ferred to) in the archives. Subsequent 10 that