The New York herald., 1850-04-29

| fcers and soldiers as they retired from service.
The grants to the soldiers were principally OF lots
in and about the 1ssidios, Smilitary posts) or the
1uebos (vageso TO the officers, farms, ana gr AZ
| ing lands in addition TO such lots.
There were also, at different times, settlers
| brought from Sonora, and other provinces oi New
Spain, (single men and families) and grants made
to them usually of village lots, and to the prnci-
pal men, ranchos in addition The tirst settlement
al San Francisco was thus made; that is, settlers
accompanied the expeditions thither, and combined
with the military post. The pueblos OF San Jose
and Los Angeles were thus formed. The go
vernon made grants to the retired officers, under
the general colonization laws Of Spain, but in all
the remote provinces, much at his own discretion.
He had likewise special authority TO encourage
| the population Of the country, by making grants
Of farming lots TO soldiers who should marry the
native women bred at the missions. The captains
of the pyeSidiOs were likewise authorized TO make
| grants within the distance of two leagues mea-
suIDg to the cardinal points, from the respective
posts. Hence the presidios became, in fact, vii
lagos. The Vceroy of New Spain had also, of
course authority to make grants in California and
sometimes exercised il. Ii was pursuant to his or
der that presdios, missions, and puebos were seve-
rally established, and the places for them indicated
by the local authority. Under all these authorities,
grants We're made; strictness of written law requi-
red that they should have been made by exact mea-
suremens, with written titles, and record OF them
kept. In the rude and uncuvated state of the coun-
try that then existed, and lands possessing so little
value, these fomalites were to great extent dis
regarded; and if not then altogether disregarded,
the evidence of their observance in many cases now
lost. 1t is certain that the measurements, even of
the grants Of village lots, were very unexact and
imperfect and Of larger tracts, such as were granted
10 the principal men, no measurement at all at
tempted, and even the quantity not always ex-
pressed the sole description often being by name
descriptive in fact or by repute, OF the place grant
ed. The law of custom, with the acquiescence of
the highest authorities overcame, in these respects
the written law. Written permits and grants were
nm rp
cords or memoranda of them were kept, they have
now disappeared, 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 de-
scendants of the grantees; indeed, have been as
sured there are many old written titles in the coun-
try, of which the archives do not contain any trace
But, in other cases, no doubt, the titles rested ORR
nally only on verbal permits II was very custo-
mary, in the Spanish colonies, for the principal
neighborhood authorities to give permission to
occupy and cultivate lands, with the understanding
that the party interested would afterward, at
convenient occasion, obtain his grant from the
functionary above. Under these circumstances the
grant seldom refused, but the application for it
was seldom refused but the application for il was
very often neglected; the title, by permission, being
entirely good for the purposes of occupation and
use, and never questioned by the neghbors. All
these titles, whatever their original character have
been respected during the twenty-six or twenty
seven years of Mexican and local government.
And whether evidenced now ever by any writ
ten title, they constitute as mertorious and just
claims as property is held by in any part of the
world. They were, in the first place, the meagre
rewards for expatriation and arduous and hazard
public service in a remote and savage country;
they now the inheritance of the descendants OF
the first settlers of the country and who redeemed
it from (almost the lowest stage Of barbarism.
Abstractly considered, there cannot be any higher
title to the soil.
Many of the holders of old grants have taken the
precaution to have them renewed, with designa-
tion of boundary and quantity, under the forms of
the Mexican law and of these the proper record
exists in the archives. To what extent old titles
have been thus renewed could not be ascertained
for the reason that there is no record OF the old
titles by which to make the comparison.
The principal difficulty that must attend the Sc
paration 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 juslce both
10 the claimant and the government, would seem
TO be in receiving, with respect TO the old grants,
verbal testimony Of occupation and of commonly
reputed boundaries, and thereby, with due conside
ration OF the laws and principles which the grants
were made, governing the surveys.
The military commandant or governor had autho-
rity, by virtue of his office, to make grants. lie
had also special authority and direction to do so, in
a letter of instructions from the Niceroy, 18th
August. l773, and entitled Instructions TO be OBJ
served by the commandant appointed TO the new
adjustments OF San Diego and Monterey" These
instructions authorized (as already noticed) the al
individually; but il is to be understood only OF In
dians who should be in charge of the missions, and
of the parcels OF land within the mssioa settle
ments. Article IL gave the commandant "equal
authority, likewise, TO distribute lands TO other set
tiers, according to their merit, and coniormably 20
the compilations of laws concerning new conquests
and settlements" That is, according 10 the COM
pilaon of the "Laws Of the Indias," which we
know make certain provisions Of the most liberal
character tor the founding and encouragement Of
new populations.
colonial laws, a special regulation was 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 colonizers. This regulation drawn in Mon
terey, by Governor Don Felipe Neye, in l779 and
confirmed by a Royal Cedula of 18th October. l1Sl.
Its character and objects are shown in It's title.
namely; "Rules and directions Tor the Presidlos OF
the Peninsula Of Califomias, erection OF new Mis-
sions, and encouragement of the Population, and
extension of the establishments OF Monterey" The
first thirteen articles relate TO the presidos and
military Title fourteen relates TO the Political
Government and directions for Peopng." Altcr
providing liberal bonuses to new settlers, IN respect
Of money, cattle, and exemptions from various
duties and burdens, this regulation pIescrbes:-
That the soares (house lots) which shall be granted
10 the new settlers shall be designated by the gov
enor 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, comiornably 10 the laws ol
the kingdom; and by the same rule shall he desg-
mated common lands for the pueblos, with pastur-
are and fields for municipal purposes (PTopios. y
That each meyfe tout lot,) both Of irngable and
uningnble land, shall be two hundred varas square;
and Ci these sueTfes. four 1.-TWO watered and two
dy) shall be given, with the soiat or house LOT, in
the name Of the King, TO each settler.
These fules relate TO the formation Of villages
and farming settlements, and exclusive Of the
extensive ranchos-farms and grazing lands-allot-
ted to persons Of larger claims or means, sometimes
direct from the vceroy, usually by the local GO
vernon.
The acts Of the Spanish Cortcs, in 1913, hereto
fore quoted may also be referred to as part Of the
authority under which grants might be made IN Ca
| lloma, during the continuance OF the Spanish GO
| vernment, and prior 20 the colonization laws OF
Mexico. and afterwards, indeed, as FAR as not SUI
pcrscded by those laws.
The second Joint Of inquiry in the instructions fur
nshed me, from the Land Office, relating to grants
| made under the MericoH government, IL already
met, IN most respects, rs far as was in my power
| 10 meet II, in the early part Of this report. The
authority of The granting officers and their p0rsrs
for allcanflng The nnfionnL do,nnln.N were derived