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

longing or supposed TO belong to the liberties OF
that town. The outlands there, as learned, have
been distributed in tracts of three TO fve hundred
| acres.
The pueblo of San Jose was founded 7th Novem-
Der, l717 by order of Felipe de Neye then military
commandment and governor. The hrst settlers were
nine soldiers and five laboring men or farmers,
who went thither with CATTLE tools, &c, from San
Francisco where had been established the year be-
mission of Dolores. Those persons took posses
| sion, and made their settlement, Sin the name Of
his Majesty, marking out the square for the erec-
ton of the houses, distributing the soarss (house-
| ground for the sowing of fanega of maize, (two
hundred varas by four hundred and for beans and
other vegetables Subsequently the regulation Of
l75l, allowing to the new settlers each four lots OF
two hundred varas square, beside their HOUSEHOLDS,
was no doubt applied to this village. II was de-
signed for agricultural settlement, and, together
with the pueblo of the south, Clos Angeles,) re-
ceived constantly the favor and encouragement Of
the government with the view of having sufficient
agricultural produce raised for the supply Of the
military posts. Both villages are situated in fer
tile plains, selected for their sites with that object
Ia report information made by the Governor
Don Pedro Fages in February, 1871, to his success
| sor, Governor Romeu, the encouragement Of the
| two pueblos is the first topic referred to:
81. Being (says Governor Fages) one of the OBJ
jects Of greatest consideration, the encouragement
of the two pueblos of civilized people, which have
been established, the superior government has de-
termined to encourage them with all possible aids
the presidios, and by this means charging the set
tlement.
''2. BY the superior order of 9th April, 1884, it
ordered that the grains and other produce which
the presidios receive from the inhabitants of the two
pueblos, shall be paid for in money, or such goods
and effects as the inhabitants have need of.
SO. The distribution of lots of land, and house
lots, made with all possible requisite formalites,
with designation of town liberties, and other lands
| for the common advantage, likewise titles of
ownership given to the inhabitants, approved
| by the Senior Commandante General, the 9th of
| February Of the present year of 1884"
There are also records Of families being brought
| at the government expense from the province of
Sonora, specially to people the two pueblos. Both
these vilages-being thus objects of government
| favor and encouragement-claim to have been
| founded with more extensive privileges than the
ordinary village limits and have no doubt, from
the information received that such was the case
| The village of San Jose had dispute of bounda-
ry, as early as the year 1900, with the adjoining
| mission OF Santa Clara and which was referred the
following year to the government at Mexico. The
fact Is noted in the index to California papers in
| the Mexican archives but did not find the CORE
spending record. There is likewise in the book of
records, marked "lS2S," in the archives at Mon
terey, an outline OF the boundaries claimed by the
pueblo at that time. But at later period Tin 1884
| i believe) there was Legislative action upon the
subject, in which, as understand the boundaries
| were fully agreed upon Some documents re-
| lating to this settlement in the archives at
| San Jose, and also in the territorial archives.
My time did not permit me to make a full investi-
CATION of the question of those boundaries nor did
think il necessary, because, at all events, they
can only be definitively settled by survey, the
| same as private estates. My instructions, how.
| ever, call for discrimination between acts done
| "with legal formalities,' and such "without
legal sanction 1t therefore proper for to say
that do not know of any law which would author
ize the distribution of town property in California
in lots measured by hundreds Of acres; such disri
button, in fact, would seem rather to defeat the
ends for which town grants are authorized by the
Spanish law Perhaps an act to authorize the linn
its of the to be ascertained by survey, and to
leave the question of the validity of those recent
large grants within the limits of the same, to be
determined between the holders and the town in its
corporate capacity, would be as just and expedent
as any other mode.
In and about the town of Monterey, likewise, there
were large concessions as understood, and some
including the sites of forts and public places made
by the magistrate appointed there after the acces-
sion of the American authority. The limits of this
town, also, think, depend on act of the Terrific
rial Legislature, and may be ascertained by au-
| thorzed survey.
The city of Los angeles is one of the oldest estab-
lishments Of California, and its prosperity was in
the same manner that of San Jose, an object of
| government interest and encouragement. An act
of the Mexican Congress, Of Odd May 1885, erected
it into city, and established il the capital of the
| Territory. The limits which, understood,
claimed as its town privileges quite large, but
| probably more than it has enjoyed for sixty
years, ever since its foundation. The grants
made by this corporation since the cessation of the
4
quite in conformity with the Spanish law in tracts
| such always granted for house lots in the
| village, and vineyards and gardens without, and
in no greater number than the increase Of popula-
| ton and the municipal wants required.
The only provision that seems 10 be wanting for
| the pueblo Of Los Angeles, is for the survey and
definition of its extent according to its ancient
cognised limits. The same remark, far as have
learned, will apply TO the remaining towns of the
country established under either of the former gov
ernments.
The remarks made in previous part OF this
port in relation 10 the missions, cover TO good de-
gree the substance Of that branch Of the inquiries
proposed by the Commissioner Of the Land Bureau.
have already stated that, originally, the Emission
lands" may be said TO have been co-extensive with
the province, since, nomnally, at least, they occu
pied the whole extent except the small localities of
the PTssidios, and the part inhabited by the wild
Indians, whom and whose territory IL was their
privilege TO enter and reduce. Among the papers
accompanying this report is included a transcript
Of their recorded boundaries, stated In a record
book heretofore noticed. II will be from the
fact first mentioned, Of their original occupation Of
the whole province, and from the vast territories
accorded TO their occupation, as late as the year
1928, how inconsistent with any considerable peo-
ping Of the country would have been any notion
| Of pToprietorship in the missionaries.
am also instructed TO "malIe inquiry into the
nature of the Indian Rights fin the soil under the
Spanish and Mexican governments"
IL is a principle constantly laid down in the
Spanish colonial laws that the Indians shall have
right 10 much land they need for their habita-
tons, for tillagc, and for pasturage. Where they
were already partially settled in communities, sui
icient Of the land which they occupied secured
them for those purposes.t If they were wild, and
scattered In the mountains and wildernesses the
policy Of the law, and Of the instructions impressed
on the authorities Of the distant provinces, 10
reduce them, establish them in villages, convert
them TO Christianity, and instruct them in useful
employments.t The province Of California was
not excepted from the operation Of this rule. II
was for this purpose especially, that the missions
were founded and encouraged. The instructions
heretofore quoted, given 10 the commandant Of Up
per California in August, l773 enjoin that func.
onary, that 'the reduction Of the Indians, in pro-
portion the spiritual conquests advance, shah be
Of his principal cares" that the reduction made
land rapidly az II proceeds, it Is important for
their preservation and augmentation 10 congregate
them in mission settlements, in order that they
4 may be civilized and led 10 a rational fe;" which
| (adds the instructions) els impossible, IL they
be left 10 live dispersed in the mountains"
The early laws 20 tender Of these rights Of
| the Indians, that they forbade the allotment Of
lands TO the spansrds, and especially the rearing
Of stock where il might interfere with the tillage
| Of the Indians. Special direction was also given