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

Gopsrnnsnt of the United States, and of the Terri
tory Of California, in and to the beach and water
lots on the east front of said town OF San Francisco,
| included between the points known as the Rincon
| and Fort Montgomery, excepting such lots as may
be selected for the of the United States Govern
nent by the senior officers OF the army and navy
now there; provided the said ground hereby coded
shall be divided into lots, and sold by public auc
ton to the highest bidder after three months no.
| tice, 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 are
| termed government reservations were made,
both within and outside the limits specified, and
the remainder of the lots designated have been since
| in great part sold by the town OF San Francisco.
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 -four
of them were sold in the summer ensuing the ''de-
cree" and in December last, l 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 reputed TO be covered by old grants;
portions have been settled on and occupied by way
| of presumption, and other portions, particularly
"Rncon Point, have been rented out, as am IN
formed, TO individuals, by the late military govern
ment.
| Under the above ssdecree" of General Kearny,
and the consequent acts of the authorities OF San
Francisco such multiplied, diversified, and import
ant private interests have arisen, that at this late
day, no good, but immense mischief would result
| from disturbing them The city has derived a large
amount of revenue from the sale OF the lots; the lots
have been resod and transferred In every variety
of way, and passed through many hands, and on
| many of them costly and permanent improvements
| have been made-improvements required by the
! business and wants OF the community, and which
ought to give the makers of them an equitable in
terest in the land, without the faith of the Gov
eminent implied by leaving the act Of its agent SO
long unquestioned An act OF Congress, relnquish-
ing thus in the lawful mode the interest of the Uni
ted in
to be only act of justice TO the city and to
the lot holders and to be necessary to give that va
lidty and confidence that ought to attach to pro-
perty Of such great value and commercial import
ance
In regard to the government reservations, f"
| so called, where they may be in private hands,
whether under former grant. or by occupancy
and improvement, the same equity would seem to
call for at least pre- empon right to be allowed the
holders, except for such small parts may be ac-
| tually required for public uses In regard to the
| places known ''Clark's Point" and the "Rincon
Point which outside of the land embraced in
| General Kearny's decree, and portions of which it
is understood have been put in the hands of rentees,
perhaps the most equitable use that could be made
of them, Except, before, the parts needed for
public uses,) would be to relinquish them to the
city, to be sold the beach and water lots have
been with due regard, at the same time, TO rights
| cruing from valuable improvements that may have
| been made upon them, but REFRESHING monopoly
of property So extensive and valuable, and SO ne
cessary to the improvement, business, and growth
of the city.
Other operations in lands which had not been re-
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
| to 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 Transac-
tions of this nature have been to very large
| tent at San Francisco; several hundred inots OF
fifty square, and outlets Of one hundred varas
square, have been thus disposed Of, by the success
sve acaldes of the place since the occupation of it
by the American forces, both those appointed by the
naval and military commanders, and those subse-
quently chosen by the inhabitants.
1t is undoubtedly conformabe to the Spanish CO.
onial laws, that, when villages to be estab-
shed there should be liberal aotments to the first
settlers, with commons for general use, and mu-
| nicipal lands (propios) for the support and ex-
tension of the place-hat is to be rented or other
wise transferred, subject to tax and that the
principal magistrate, In conjunction with the ayin
tamiento, or town council should have the disposal
OF those town liberties under the restrictions OF
law, for the benefit of the place and the same
the practice in California, under the Mexican gov
eminent. IL is not always so easy to determine
within what limits this authority might be exer-
cised but in new communities, whether the set
Element was founded by an empresario, Contractor
| or by the government, the allotments always
on liberal scale, both for the individuals and the
| village. very carly law Claw 8, tit 5, lib. 4,
Il
land, (de termino tariforio,) in square pro-
longed, according to the nature Of the tract for
settlement Of thirty families; and suppose this is
as small tract as has usually been set apart for
| village uses and liberties, under the Spanish or
Mexican government in New Spain; sometimes
much more extensive privileges have no doubt been
| granted The instructions of 1918 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 royal regulation Of I7sl, for the CALIFORNIA;,
| directs suitable municipal allotments 10 be made
"conformabe TO the law;' and this likewise must
refer TO the law specifying four leagues square.
The letter Of instructions Of 1871, authorizing
| the captains Of presidios TO make grants in the
/ neighborhood Of their respective posts, specifies
| common leagues, measured from the centre Of
the Preside square, two leagues in each direction,
as sufficient for the pueblos 10 be formed un-
| der the protection Of the presdioe."
| The Mexican laws, "a far "a / am aware make
no change in this rule; and the colonization regu-
lations Of 1928 provide Cart l3) that the reunion
| Of many families into town shall follow in its for
nation, policy, &C., the rule established by the ex-
| isting laws for the other towns Of the republic"
From all these, and other acts which might be
quoted, il would seem that where special grant
has been made, or limits assigned TO village, the
| common extent Of four leagues would apply TO il;
II being understood, however, as the same law ex-
presses that the allotment should not interfere with
| the rights Of other parties The Preside settle
mcnis under the order ofl79l, certainly enti-
tied 10 their four leagues; the right OF making
grants within the same only transferred from the
preside captain 10 the municipal authorities who
succeeded him, as IL oonformable 10 Spanish and
| Mexican law and custom. This was the under
the Spanish government; and am not aware that
the principle has been changed; though no doubt
| grants have been made TO individuals which in
| fringcd such village limits. The Territorial
deputaton Of California, however, by act Of 9th
| August, 1894, directed that the ayuntamientos Of
| the pueblos should "make application for common
| and municipal lands (sjidos propios) 10 be a..
| signed them" Wherever IL shah appear that this
was done, the town, ] suppose, could only now
claim what was then set apart for t. Where IL wa
| omitted or neglected, custom, reputed limits, and
the old law, would seem to be safe rule.
As TO the point now under consideration, that OF
San Ftancisco find that in the acts Of the Depart
mental authorities the settlements ia and about the
prcsidio styled "hte pueblo Of San Ffancisco "
and the particular place where the village princi-
paliy was and the city now IL, "bts poinf Of Yobd
Buea" The local authorities, its acaldc or jus.
tce Of the peace termed those Of the pueblo Of
San Francisco. lie privileges not, therefore,
! at any time limited 10 the point Of Yerba Buena.
Originally, probably, IL had boundaries in common
Al ~