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


lands, sometimes on agriculture,) who reported at
a subsequent sitting. The approval was seldom
refused; but there are many instances where the
governor omitted to communicate the grant to the
assembly, and ii consequently remained unacted
on. The approval of the assembly obtained, IL was
usual for the secretary to deliver to the grantee,
application, certificate OF the fact; but other
record registration of il kept than the writ
ten proceedings OF the assembly. There are, no
doubt instances, therefore, where the approval
in fact obtained, but certificate not applied for;
and as the journals of the assembly, now remain
ing in the archives, very imperfect, it can
hardly be doubted that many grants have received
the approval of the assembly, and record of the
fact now exists. Many grants were passed upon
spring of ls46, as l discovered by loose memorah-
da, apparently made by the clerk Of the assembly
for future entry, and referring to the grants by
their numbers-sometimes dozen more on
single small piece of paper but Of which could
find no other record.
$50, also tciM the subsequent steps, embracing the
proceedings as TO surrey, up to the peecting of the
tihe?"
There were not, as far asI could learn, any regu-
lar surveys made of grants in California, up to the
time of the cessation of the former government.
There was no public or authorized surveyor in the
country. The grants usually contained a direction
that the grantee should receive judicial possession
of the land "from the proper magistrate Casually
the nearest alcalde) in virtue of the grant and
that the boundaries of the tract should then be de-
signated by that functionary with "suitabe land
with, only by procuring the attendance of the ma
gistrate to give judicial possession according to the
verbal description contained in the grant. Some of
the old grants have been subsequently, surveyed, as
was informed, by surveyor under appointment
of Colonel Mason, acting as Governor Of California.
did not any official record of such surveys, or
understand that there was any. The "perectng
Of the tiHe'' suppose to have been accomplished
when the grant received the concurrence of the as
sembly all provisions of the law, and the coloni
zation regulations OF the supreme government,
prerequisites to the title being "deinitivey valid"
having been then fulfilled. These, think, must be
counted complete titles.
And If there be ymore books, files, or archives
Of any kind ,chatsoeu, shotoing the nature, character
and ertent Of these grants?'
The following list comprises the books of record
in the government archives at Monterey:
l. "lS2S. Cuaderno del registro de los sitios,
herras, seales que posean los habitantes del ter
ritorio de la Nueva California - Book of regis
tration Of the farms, brands and marks for mark
ing cattle possessed by the inhabitants of the ter
ritory of New California;
This book contains information of the situation,
boundaries, and appurtenances of several of the
missions, hereafter noticed; of two puebos, San
Jose and Branciforte, and the records of about
twenty grants, made by various Spanish, Mexi-
can, and local authorities, at different times, be-
tween 1854 and s25, and two dated in 1929. This
book appears to have been arranged upon informa-
ton obtained in an endeavor of the government to
procure registration of all the occupied lands Of
the territory.
2. Book marked "IiflI0s''
This book contains records of grants, numbered
from TO los, of various dates from 22d May, 1888,
to 9th May, 1886, by the successive governors,
Figueroa, Jose Castro, Nicholas Gutierrez, and
Mariana Chico. part Of these grants (probably
a) included in file of erpedientes Of grants,
hereafter described, marked from No. TO No. 579;
but the numbers in the book do not correspond
with the numbers of the grants in the erpedi-
entes.
3."Libro donde sc asciertan los despachos de ter
renos adjudicados EN- los amos de 1899 and lS40."-
(Book denotng the concessions of land adjudicated
in the years 1899 and lS40.)
This book contains brief entry, by the secre-
tary Of the department, OF grants including their
numbers, dates, names OF the grantees and OF
grants quantity granted and situation Of the land
usually entered in the book in the order they were
conceded. This book contains the grants made from
18th January, 1889, to sth December, ls43, inclu-
sive.
4. A book similar TO the above, and containing
like entries Of grants issued between Sth January,
1874, and 23d December, 1S45.
8. File Of eIpedientss of grants-that is, all the
proceedings (except of the Assembly, relating to
the respective grants, secured those of each grant
in separate parcel, and marked and labelled with
its number and name. This file is marked from
No. TO No 579, inclusive, and embraces the space
of time between 18th May, 1893, TO July, 1876.
The numbers, however, bear little relation to the
dates. Some numbers are missing, Of some there
are duplicates--that ia, two distinct grants with
the same number. The expedientes not all COM
been refused; in others il is wanting. The collec-
ton, however, is evidently intended 10 represent
estates which have been granted, and il is probable
that in many or most instances the omission appa-
rent in the archives is supplied by original docu-
mcnts in the hands of the parties, or by long per-
mitted occupation.
These embrace all the record books and files be-
longing to the territorial or departmental archives,
which was able TO discover.
am assured, however, by Mr.. J. G. Fremont,
that, according TO the best of his recollection, a
book for the year 1896 corresponding 70 those above
noted extending from 1889 to the end OF lS45, ex-
listed in the archives while he Governor of Cali
fornia, and with them when he delivered them,
in May, ls47, TO the officer appointed by General
Kearny TO receive them from him at Monterey.
III. "CHIFrLY THE LARGE GRANTS, AS THE mis-
sIoNs, AND WHETHER THE TITLE TO THEM BE IN
| AssIGSEEs, on WHETHER THEY HAVE REVERTED,
AND VESTED IN THE SOVEREIGN"
] took much pains, both in California and in
Mexico, TO assure myself OF the situation, in a
legal and proprietary point Of view, of the former
great establishments known as the MISSIONS OF
California. II had been supposed that the lands
they occupied were grants, held the property of
the church, or Of the mission establishments
porations. Such, however, was not tho All
the missions in Upper California were established
under the direction and mainly at the expense, OF
the government, and the missionaries there had
never any other rights than TO the occupation and
use of the lands for the purpose Of the missions,
and at the pleasure Of the government. This is
shown by the history and principles Of their foun-
dation, by the laws in relation to them, by the con-
slant practice of the government toward them,
and in fact, by the rules OF the Franciscan order,
which forbid its members TO possess property.
The establishment Of missions in remote prov
inccs part Of the colonial system Of Spain.
The Jesuits, by license from the Viceroy Of New
Spain, commenced in this manner the reduction OF
Lower California in the year 1897. They continued
in the spiritual charge, and in considerable de-
gree Of the temporal government, Of that province
until 1867, when the royal decree abolishing the
Jesuit order throughout New Spain was there en-
forced and the missions taken out Of their hands.
They had then founded fifteen missions, extending
from Cape st. Lucas, nearly TO the head Of the
of Cortes, Californian gulf Three Of the estab.
lishments had been suppressed by order of the Vice
roy; the remainder were now put In charge Of the
Franciscan monks of the college of San Fernando,
| in Mexico hence sometimes called " Fvnandsnos. :"
The prefect Of that college, the Rev Father Junipe
70 Sierra, proceeded in person to his new charge,
| and arrived, with number Of monks, at Loreto,
| the capital Of the peninsula, the following year,
| U76S.) He was there, soon after, joined by Don
jose Galvcz inspector general (visifodor) OF New
Spain, who brought order from the King, direct
ing the founding Of one more settlements IN Up
per California II therefore agreed that Father
he f,aiao