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


garded; and if not then altogether disregarded, the
evidence of their observance in many cases now lost
IL is certain that the measurements, even OF the
grants of village lots, were very unexact and i'm
perfec and larger tracts, such granted to
the principal men, measurement at all attempted,
and even the quantity not always expressed the sole
description often being by name descriptive, IN
fact or by repute, of the place granted. The law
of custom, with the acquiescence OF the highest au
thorities, overcame in these respects, the written
law. Written permits and grants were no doubt
usually given, but If any systematic records or
memoranda of them were kept, they have now dis
appeared, or was not able to meet with them. In
some cases, but not in all, the originals no doubt
still exist in the possession OF the descendants OF
the grantees; indeed, ! have been assured there
are many old written titles in the country, of
which the archives do not contain any trace. But,
in other cases. no doubt, the titles rested original
ly only on perbai permits Il was very customary,
in the Spanish colonies, for the principal neghbor
hood authorities to give permission tooccupy and cu
tivate lands with the understanding that the party
interested would afterward at convenient occasion
obtain his grant from the functionary above. I'm
der these circumstances the grant was seldom re-
fused, but the application for 1t was very often ne
elected; the title by permission being entirely
good for the purposes OF occupation and use, and
never questioned by the neighbors. All these titles,
whatever their original character, have been re-
spected during the twenty six or twenty seven
years of Mexican and local government. And
whether evidenced now or ever by any written
title, they constitute as merorious and just claims
as property is held by in any part of the world.
They were, in the first place, the meagre rewards
for cxpatriation, and arduous and hazardous pub
lie service in remote and savage country; they
are the inheritance of the descendants of the
first settlers Of the country and who redeemed it
from (almc st the lowest stage of barbarism. Abb
| stracty considered, there cannot be any higher
title To the soil.
Many of the holders of old grants have taken the
prccauton to have them renewed with designation
OF boundary and quantity, under the forms OF the
Mexican law; and of these the proper record exists
1 ,hafn nld ha
thus renewed could not be ascertancd, for the rea
that there is record of the old titles by which
/ to make the comparison.
| The principal difficulty that must attend the sep
aration Of the old grants from the public lands
rather, to ascertain what is public domain and what
private property in the parts where those old grants
situate, is in the loose designation of their limits
and extent The only way that presents itself OF
avoiding this difficulty, and of doing justice both
| to the claimant and the Government, would seem
to be in receiving, with respect to the old grants,
reputed boundaries, and thereby, with due conside
ration Of the laws and principles which the grants
were made, governing the surveys.
| The military commandment or governor had au-
horty, by virtue of his office, to make grants He
had also special authority and direction to do in
letter of instructions from the Viceroy, 18th Au-
gust 1918, and entitled Constructions to be observed
by the commandment appointed to the new establish
| ments of San Diego and Monterey" These in
structons authorized (as already notced) the al
lotment of lands to Indians, either in community or
individually; but il is to be understood only OF In
dams who should be in charge of the missions, and
the parcels of land within the mission settlements
Article 10 gave the commandant "equal authority,
likewise, to distribute lands TO other settlers,
| cording to their merit, and conformaby to the
compilations OF laws concerning new conquests and
/ settlements" That is, according to the compa
| ton of the claws of the Indias," which we know
make certain provisions of the most liberal charac
| ter for the founding and encouragement OF new
populations.
Subsequently, without abrogatng the general
colonial laws, special Regulation adopted,
with the royal assent, for the government OF the
| CALIFORNIA;, and making special provision for the
settlement OF that province, and the encouragement
| Of coonizers. This regulation was drawn in Mon
| terey, by Governor Don Felipe Neve, in 1779, and
confirmed by Royal Cedula Of l4th October, ISL.
Its character and objects shown in its title,
namely: "Rules and directions for the Presidios of
the Peninsula of CALIFORNIA;, erection of new Mis-
i sions, and encouragement OF the Population, and
extension OF the establishments OF Monterey" The
frat thirteen articles relate to the presidios and
| military. Title fourteen relates TO the political
| Government and directions for PeopEng.' After
providing liberal bonuses to settlers respect
| of money, cattle, and exemptions from various
duties and burdens, this regulation prescribes
That the soLdres (houselots which shall be granted
| to the new settlers shall be designated by the gov
| ernor, in the places, and with the extent that
| the tract chosen for the new settlement will al
| low, and in such manner that they shall form a
square, with streets, conformably TO the laws Of
the kingdom; and by the same rule shall be dcsg-
mated common lands for the pueblos, with pastur-
| age and fields for municipal purposes (propios. }
That each suerte, (out-ot) both OF irrigablc and
unrrgable land, shall be two hundred varas square;
and Of these susrtss, four 1.-TWO watered and two
dry) shall be given, with the solareor lot in
the name Of the king TO each settler
| These rules relate 10 the formation Of villages
| and farming settlements, and are exclusive of the
| extensive ranchos-farms and grazing lands-al-
lotted 20 persons of larger claims or means, some
times direct from the viceroy usually by the local
governor.
The acts Of the Spanish cortes, in 1919 heretofore
quoted may also be referred 10 part Of the au-
thority under which grants might be made in Cal
iforna during the continuance Of the Spanish gov
eminent, and prior 10 the colonization laws Of Mex
leo, and afterwards, indeed, far as not super
seeded by those laws.
The second point of inquiry in the instructions
furnished me from the Land Office, relating to
grants made under the Mericdn government, IL al
ready met in most respects far was in my pow
TO meet it, in the early part Of this report The
for alternating the national domain" derived
| from appointment by the Central Government, and
from the general colonization laws and regulations
Of the republic. There IL little room for discrimi-
nation between such perfect titles and such
as are inceptive or inchoate." grant by the ter
rtorial Tor Departmental governors within the
tent Of eleven sttios, constituted pdIid title and
with the appreciation Of the departmental assembly
perfect one. After the governors concession,
however, il could not with propricty be termed
merely inoepfiue for, in fact, IL was complete until
the legislature should REUSE its appreciation, and
then il would be the duty Of the governor appeal
! for the claimant TO the supreme government. I am
not aware thata Of this kind arose. The diff
cuties, already explained Of ascertaining 10 what
grants the Legislative appreciation was accorded,
and from what Il was withheld; the impossibility,
IN fact Of sscertaining in many cases. coupled with
| the fact that that appreciation was seldom re-
fused, and that the party had still appeal in
Of refusal, would seem to render that provision OF
the law Of those grants nugatory az test OF their
4 merits.
| The third inquiry, touching grants made about
the time Of the revolutionary movements in Califor
mia, say in the months Of June and July, 1896" IL
chiefly answered in what IL said concerning the
accai condition Of the missions, and the grants OF
| Fort Joaquin, at the mouth, and Alcatras Island,
inside the entrance Of the bay Of San Francisco.
In addition 20 these, the island Of San Ciemenfs,
understood, was granted about that time-say in
| May, lsf6. ] found nothing in the archives con-
| corning Il. ] do not think there other grants
TO attract particular attention, except the proposed
| great Mcnamara grant or contract, Of which the
principal papers on file in the State Depart
nent, and have been printed in the Congressional
documents.
Ia the second branch Of the aforementioned in.
quiry, namely. concerning any ssRrants made sub.