The New York herald., 1850-04-29

| OF Inc Indians Special direction was also given
Tor The selection Of lands for the Indian villages in
places suitable for agriculture and have the neces
| sary wood and water" The lands set apart to
| them were likewise inalenable except by the ad-
wee ana consent OF officers OF the government,
| whose duty II was TO protect the natives as miners
or Puplls.f
the Indians in.Cahfornia were always supposed to
have certain property or interest in the missions
The instructions of l773 authorized as we have al
ready seen the commandant of the province 10
make grants TO the mission Indians of lands Of the
missions, either in community or individually.
But apart from any direct grant, they have been al
ways reckoned 10 have a right Of settlement; and
we shall find that all the plans that have been
adopted for the seculariZaton of the missions have
contemplated: n recognlsedi and provided Tor this
provide for the settlements Of Indians, was one OF
the main objections TO it, urged by Governor
Figueroa and the territorial deputation. That plan
was entirely discomfted; all the successive ones
that were carried into partial execution placed the
Indian right OF settlement amongst the first objects
10 be provided for. We may say therefore, that,
however NAL administration ofthe law may have de-
strOyed its intent, the law itself has constantly
serted the rights of the Indians habitations, and
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 ranchosmost, or all of which, were formerly
mission ranchos-and of the Indian settlements or
ranche,Ias upon them. understand the law to be,
u,
and they till the ground, they have right of
occupancy in the land which they need and use !;
and whenever grant is made which includes such
settlements, the grant Is subject to such occupancy
This night OF occupancy, however-at least when
on private estates-s not transferable but when
ever the Indians abandon it, the title of the owner
becomes perfect. Where there is no private owner
ship over the settlement, as where the lands it
cupies have been assigned il by functionary of the
country thereto authorized, there is a process, as
before shown, by which the natives may alien their
title. believe these remarks cover the principles
OF the Spanish law, in regard to Indian settlements,
far as they have been applied in California, and
are coniormable to the customary law that has pre-
vailed there.t
The continued observance of this law, and the
exercise OF the public authority to protect the In
dians in their rights under it, cannot, | Think pro-
duce any great inconvenience ; while proper re-
gard for long-recognised rights, and proper sym
pathy Tor an unfortunate and unhappy race, would
seem TO forbid that il should be abrogated, unless
| for better. The number Of subugated Indians is
now too small, and the lands they occupy too in
significant in amount, for their protection, to the
extent OF the law, TO cause any considerable mo-
lestation. Besides, there are causes at work by
which even the present small number is rapidly
diminishing so that any question concerning
them can be but temporary. In 1894, there were
employed in the mission establishments alone the
| number 3O,610S In lS42-only about eight years
after the restraining and compelling hand of the
missionaries had been taken of-their number
| the missions had dwindled to 4,4JO and the pro-
cess of reduction has been going on as rapidly
since.
In the wild or wandering tribes, the Spanish law
does not recognise any title whatever TO the soil.
Ii is a common opinion, that nearly all of what
may be called the coast country-that is, the coun-
try west OF Sacramento and Joaquin vaeys-whch
lies south of, and including the Sonoma district,
has been ceded, and is covered with private grants
II this were the case il would still leave the extern
sive valleys OF those large rivers and their lateral
tributaries almost intact, and a large extent of ter
ritory-from three to four degrees of latitude-at
al.
the State of California, beside the gold region of
unknown extent, along the foothills Of the Sierra
Nevada. But while II may be nominally the case,
that the greater part Of the coast country referred
to is covered with grants, my observation and in
formation convince me, that when the country sh all
have been surveyed, after leaving TO every grantee
all that his grant calls for, there will be extensive
and valuable tracts remaining. This is explained
by the fact that the grants were not made by mea-
surement, but by loose designation of boundaries,
often including "a considerably greater extent Of
land than the quantity expressed in the title but
the grant usually provides that the oveplus shall
remain TO the government. Although, therefore,
the surveys, cutting oil all above the quantity
pressed IN the grant. would often int ericre with no
mnal occupation, think justice would generally
be done by that mode to all the interests concerned
the holders Of the grants, the government and
the wants of the population crowding thither. To
avoid the possibility Of an injustice however, and
TO provide for cases where long occupation or pc-
culiar circumstances may have given parties title
to the extent OF their nominal boundaries, and
above The quantity expressed in their grants, II
would be proper 10 authorize any one who should
feel himself aggneved by this operation of the sur
vcy, 10 bring a suit for the remainder.
The grants in California, am bound TO say, are
mostly PoJed fMss-that IL, the holders possess
their property by titles that, under the law which
created them, were equivalent 10 patents from
government; and those which are not perfect--thaf
II, which lack some formaliiy some ornicacs of
completeness-have the same cgIisfV "a those which
are perfect, and were and would have been equally
respected under the government which has passed
away. OF course illude 10 grants made in good
faith, and not TO simulated grants, II 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
viii allow the public lands To be asccTtaincd and
The private lands set apart, by judicous measures,
with little difficulty. Any measure calculated TO
dscred, or cause 10 be dstrusted the general cha
facer Of the titles there, besides the alarm and anx
iety which il would create among the ancient po-
puaiiCD, and among all present holders of property
would, believe, also retard the substantial i'm
proyemCnt Ci the country title discrcdcd IS not
destroyed but every one Is afraid 10 touch ~, or at
all events 10 invest labor and money IN improve
menis that rest on a suspected tenure. The holder
is afraid 10 improve Others afraid TO .Ircha-c.
or if they do purchase at it, dscredcd value will
ing only 90 make inccnslderahlc investments upon
II. The titles not called in question, (as they GER
tainly. for any reason which could discover, do
not deserve 10 bc,) the pressure Of population, and
the force of circumstances, Will soon operate 10
break NJ the existing large tracts into farns Of such
and the wants of the community require aud this
under circumstances, aud with such assurance Of
tenure, as will warrant those substantial improve
menis that the thril and prosperity of the country
IN other respects invite.
think tie rights Of the government will be fully
secured. and the interests and permanent prosper
ty Of all classes IN that country best Consulted Wy
no other general mcnsure IN relation to private
property than an authorized survey, according TO
the grants, where the giants are modrri, OF since
The accession of the Mexican ,rnmen', rcscry-
ing the oyeUlus or. according to ancient posscs-
SION, where u dates from the time ofihc spanish
government. and the written evidence 81 the grant
Is lost. or does not afford data for the survey But
providing that IN any case where, from the opinion
If the proper law office agent of the govern
mcnt in tn state. or from Information IN any way
received there mey be reason 10 SUPPOSE grant
invalid. the government (oI proper officer of ~
may direct a suit to bc instituted for its snnul-
meni.
II j. proper for me TO say, that ~ Monterey, Gen.
Riley, then IN charge of the government. promptly
directed the archives to be open TO my inspection,
and that IN Mexico my application. made by Mr.
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