The New York herald., 1850-04-29


So c!so ,rih tic srtSececnt sfdys cabrtc nc sie
ai,IIs'"i' ie 6 '%''g' ~ . "' '''''s q ne
There were aot as far as could learn, any re-
culaT surveys made Of grants in CtllfJrnia, up 10
The time Of The cessation Of the former governri ent
There was no public or authorized surveyor in the
country. The grants usually contained direction
that the crdGice shoald receive Judicial possession
Of the land from the proper m gisuate (usually
the nearest alcalde) ia virtue Of the grant," aud
that lte boundaries OF the tract shouid then be de-
sig0etcd ty That iunctionary, with suitable land
nLlLs." But iliis injunction was usually complied
with, only by procuring the Attendance OF the ml-
gstrate To give Judicial possession according 10 the
Nclbal description contained IN the grant. Some OF
the old cranis nave been subsequently surveyed,
was informed, by surveyor under appointment
oi ooncl Mason, acting as Governor Of California
did not Sc any Official record Of such surveys,
understand that there was any. The "pcyttc ting
Cf Tic iihc' I suppose 10 have been ACCOMPLISHED
when the grant received the concurrence of the As
ssmby; all provisions OF the law and of the colo
ni@stion regulations of the supreme sovernment,
prerequisites the title being ie.iniiivey valid
having been then fulfilled. These, | think must
be counted c0nIFete tticS.
Ind i thcre be aHy more books, Gi6s, OF archres
of 0Ay kiHd wh0isceper shO,c,ng tle nature, ciarec-
I'M Gtd eTieat If these grants %
The following list comprises the books of record
and memcranda Of grants, which found existing
in The government archives at Monterey
l. " ls2e Cuadcrno del registro de los sitios,
terrGs, sehalcs cue posean los habantes del ter
ritorio de Ia Nueva California 20 Book of regis
tutioE Of the farms, brands and marks flor mark
ing cattlel possessed by the inhabitants of the ter
Iltory Of New Calfomn.)
his book contains information of the situation.
boundaries, and appurtenances Of several OF the
missions, as hereafter noticed; of two pueblos, San
Jose and Eranctorte and the records of about
twenty grants, made by various Spanish, Mexican
ard local authorities, at different times, between
l'si and 1875, and two dated in'lS2o. This book
appears 10 have been arranged upon information
o5taned IN an endeavor of the government to pro-
cure registration of all the occupied lands of the
territory.
2. Book marked g Tiuios."
This hook contains records of grants numbered
f.om 10 los, of various dates from 22I May, 1893
10 9lh May, l-S6, by the successive governors
Flgueroa, Jose Castro, Nicholas Gutierrez, and
Mariana Chico. A part of these grants (probaby
alD included in file of clyeGteates of grants
hereafter described marked from No. | 10 No 579
but The numbers in the book do not correspond with
the numbers of the same grants in the crpeadieates
.. LibIo donde Sc asciertan los despachOs de
telrenos adudicados en los amos de 1889 and iS40" "
. -(Eook deno;ing the confessions of land djud-
Gated in the years 1889 and lS.0)
This book contains Il brief entry, by the secre-
tary CT the department, Of grants, including their
numbers, dates, names of the grantees and of
grants, quantity granted, and situation of the land
usually entered in the book in the order they were
conceded This book contains the grants made
from 18th January, 1859, TO 9Th December, 1913,
/ inclusive.
4. A book similar TO the above, and containing
like entries OF grants issued between Sth January
lS44, end 2ad December 1875.
D. File of o1pcdientcs of grants-that is, all the
proceedings (except OF The Assembly, relating to
the respective grants secured, those of each grant
in separate parcel, and marked and labelled with
us number and name. This file is marked from
No. 10 No. SO inclusive and embraces the space
OF time between 18th May, 1888, 10 July, 1876
1he numbers, however, bear little relation 10 the
dates SCnie numbers are missing; of some there
are dupiicaies-hat j., two distinct grants with the
same number. The e1Yedicntes are not all com
peto: in some cases the final grant appears 10 have
rs ~
ton, however, Is evidently intended 10 represent
tates which have been granted, and il is probable
that IN many or most instances the omission, appa-
rtnt IN the archives, is supplied by original docu-
ments IN the hands Of the paItes, or by long per-
mittcd occupation.
These embrace all the record books aud files be-
longing 20 the territorial or departmental archives,
which was able 20 discover.
] am assmed. however, by Mr.. J. G.. Fremont,
that, according 10 the best of his recollection, a
book Tor The year 1916, corresponding TO those above
noted, extending from 1850 10 the end OF 1876, ex-
lsicd in the archives Will he was Governor Of Ca
Hernia, and was with them when he delivered
them, IN May, Isl7, 10 the officer appointed by
General Eeumy 10 receive them from him al Mon
jeTcy.
ii. "CUTry THE LARGE GRANTS, As rnE Ms
>oNs, AND WHETHER rnE rlr.E TO THEM BE IN As
SGNErS, or WHETHER ntEY HAVE REVERTED, AND
vI.SIIp IS TuE SovEnEGNl"
took much pains, both in California and Mexico,
10 assure myself of the situation, in legal and pro-
pueiafy point Of view, of the former great cstah-
had been supposed that the lands they occupied
were eT0nfs, held as the properly of the church, or
os the mission establishments az corporaons.-
such, however, was not tn case. Allthc missions
IN pPcr California were established under the d-
reciiCu, and mainly 40 the expense. Of the govern
ment and the missionaries There had never any
other rights than 10 the occupation and use Of the
lands for the purpose Of the missions. and at the
pleasure Of the government. This is shown by
the history and principles Of their foundation by
The laws IN relation 10 them. by the const ant prac-
lice of the government toward them, and in fact,
hy the rules of the Franciscan ordcr which fOTbids
H. members g. possess property.
The establishment of missions in remote pyovin-
cos was part Of the colonial system OF Spain. The
commenced i'm this manner the reduction Of Lower
California m The year 1877. They continued in the
spiritual charge and in considers bic degree of the
temporal government Of that province, until 1861.
when the royal decree sboshing the Jesuit order
Throughout New spain. was there enforced. and
tie missions taken Out Of their hands They had
then founded fifteen missions, extending from Cape
~ Lucas. NEARLY 70 the head Cf the sea Of CorfCs
OF lalioman Gull. Three of the establishment.
had been suppressed by the order of he Niccroy:
The remainder were now put IN charge at the Fran.
clscan cnks oi THE college ol san Fernando. in
Mexico. hence sometimes called " FSrHqHdiHas"
The project Of thet coll Ce. the Rev Father luni-
Icrc Serta proceeded iu person 10 his new charge.
aud arrived. with number Of monks. ~ Loreto,
ne cslisl ol The peninsula. Tie following year,
li't) lto was there. soon after. Joined by Don
jose tiHkeZ, Inspector general ('isifGdfg) OF New
- IN. who brought su order from the King direct
ilc ihc founding oi one more settlements In Up
per aiciula. 10 was therefore greed that Father
Jtuiucro should extend the mission establishments
iiio lTcr California under the protection Of ylsi-
dit. canned posts) which The government would es-
iauiish 90 san Diego and Nuuicrct. Two cxpedi-
tous. beth accompanied Iv pi-.ionarie. tv.rc
consequently fitted out. one 10 proceed hy sea-
ihc Other by lend. 20 the new territory IA June.
lt9, they hod arrived. and in that month
l, ,unded The hrst mission. about Two leagues |
nom The port Of san nicgo. 4 yycsif'o was
established. ~ the same fimc near the ror- |
hc same wear yIeiGi0 was esi iahiished al Mon
teiey. and mission establishment begun. Subse.
pueniy, tho cmnican lriars Obtained leave from
The hing Co take charge OF part IT the missions of
lulioinie w 'ich I'D 70 an arrangement between
the tWo sCceii"s. whereby the ni. i.-ions ~ Lower
Cal iCnia wcie committed io the uominicans. and I
'hr cniiIr field of the upper province remained 10
lIt tuuClecfu- his arrangf mCnt was sanctioned |