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

a a
August, 1889, expresses appreciation OF wna' n.J
hitherto been done in establishing the coiony, GU
the desire that the settlements should eohan Nv
increase 'until they should be so strong a. IL hy
spected not only by the Indian tribes, put aiIo ~
the establishments of the foreigners VINO shouiu at
tempt to invade that valuable region =. 81
did not find any trace oil mes uo0 =,
any thing Concerning Gen. NalleJo's appointment
o. yonara9s;ons in the government archives. But
there is no reason To doubt the gehuliehos VI az; vi
papers They do not, however, convey any ute
20 lands beyond authority to grant, during the
tin,s ma annointment continued, to actual colo
nizers. The appointment Of Gen. V. seems to have
heeh made by direction of the Supreme (NationaD
Government had no means OF ascertalnlng now
long the appointment lasted nor to what extent Its
movers re used; but infer from Vallejo himseftak
ing grant of his rancho OF Peteuma in lS43, that
his own authority in that respect had then ceased
As there other grants, also, OF considerable ex
tent in the same neighborhood, embraced In the
government archives, apprehend that most, II not
all, of the grants made by him, exclusive OF what
may be embraced in the town privileges OF Sono-
ma, (and which will be noticed hereatter,l were
confirmed, granted TO the parties, by the de-
partmental government. In this view, however,
may be mistaken. And desire TO be dlsunctiy
understood not intending to throw any doubt or
discredit the titles claims OF either OF the gen
tlemen have mentioned. i had no opportunity Of
inspecting any grants they may possess, beyond
what have stated; and imagine their lands can
only be separated from the domain by the process
universally requsite-the registration of outstand-
ing grants, and their survey.
III. .'GRANTs OF ISLANDS, KEYS, AND PRoMoS-
TORIES, POINTS OF IMPORTANCE TO THE PUBLIC" &c
The only points Of special public importance
which learned were granted prior to the cessa-
ton of the former government, are the site OF the
old fort of San Joaquin near the outlet OF the bay
of San Francisco, and Alcatras Cor Bird) Island,
commanding its entrance-the Key to the Golden
Gates. The date of the first named grant ID Goth
June, 1916; il made to Benito Daz, and by
him transferred to Mr.. L. o. Larkin, of Monterey
aa 81 hs untsd
trooe., has property of the United States upon
it, and part in possession of Mr.. Larkin.
Alcatras Island was granted in June, ls46, to
Mr.. Francis p Temple, of Los Angeles The in
dispensableness of this point to the government
both for the purpose of fertilization and proper
position for light house, induced Lieut.. Colonel
Fremont, when governor of California, to contract
for the purchase of on behalf of the United States
The government, it is believed, has never con-
frmed the purchase, or paid the considerations
This island is solid rock, OF about half mile IN
circumference, rising out of the sea just in front of
the inner extremity of the throat narrows, which
forms the entrance to the bay, and perfectly COM
mands both front and sides. Ii is also in the line
of the sailing directions for entering the bay* and
consequently light house upon il is indispensable.
The local government had special authority and
instructions from the general government, under
date of 18th July, 1888, to grant and distribute
lands in "the desert islands adjacent to that de-
partment."
Whether the grants '.puport 10 be inchoate or
peJecR' The grants made in that department I'M
DER the Mexican law, ali, L DeHeVe, purpOrt 10 De
perfect, except in the respect of requiring ''conr
nation by the departmental assembly" The
difficulties of determining what grants have not
received this confirmation have been above ex-
planned
Nv. elf THERE BE ANY ALLEGED GRANTS OF
LANDS COVERING PORTION OF MINES
AND WHETHER IN ALL GRANTS IN GENERAL, UNDER
THE MEXICAN GovERSMENT,l on IN CALIFORNIA IN
PARTICULAR, THERE ARE NOT CONDITIONS AND LIN
ITATroSs, WHETHER THERE NOT REsERvA-
TON OF MINES or GOLD AND SILVER, AND A SIMILAR
RESERVATION AS TO QUICKSILVER AND OTHER MINE
RAILS"
There is but one grant that could learn of,
which covers any portion OF the gold mines. Pre-
vious to the occupation of the country by the Amer
leans, the parts now known The Gold Region
infested with the wild Indians and no at
tempts made TO settle there The grant that refer
to was made by Governor Micheltorena to Don
Juan Il. Alvarado, in February, 1874, and is called
the Mariposas being situated on the Mariposas
creek and between the Sierra Nevada and the river
Joaquin, and comprises sitios or leagues square,
conceded, the grant expresses Sin consideration
of the public services" Of the grantee. 1t was pur
chased from the grantee (Alvarado) in February,
lS47, by Thomas o. Larkin, esq. for Mr.. J. {.
Fremont, and is now owned by that gentleman.
The only conditions or limitations" contained in
the grants in California, which could affect the
hdiy OF the title, are, that in the grants made by
some OF the governors, period of time Zone year,
was fixed, within which the grantee should COM
mence improvements the grant. In case Of
failure, however, the grant was not thereby void,
Limitation not contained in such of the grants
made in the tune Of Micheltorena as / have exam
ined, nor is il prescribed in the law. No doubt,
however, the condition fulfilled in most in
stances where il was inserted, unless in few cases
where the lands conceded were in parts Of the
try infested by the wild Indians and its fulflment
consequently impossible. In fact, as far as I'M
derstood, II was more customary to occupy the land
in anticipation Of the grant. The grants were gen.
orally for actual (mmediate) occupation and use
cannot find in the Mexican laws or regulations
Tor colonization or for the granting OF lands any
thing that looks 10 reservation Of the mines Of
gold, or silver, quicksilver, other metal or min
eral; and there Is not any such thing expressed in
any OF the many grants that came under my in
spection. inquired and examined, also, while in
Mexico, to this point, and could not learn that such
reservations were the practice either in general or
in California in particular.
V. els ALL LANCE GRANrs, on GRANTS OF IN
PoRTkNT on VALUABLE SITES, on or MINES, wHE-
TIER on NOT THEY wERE SURVEYED AND OCCUPIED
UNDER THE GOVERNMENT OF SPAIN on MEXICO,
ASD wHEs PUBLICITY WAS FIRST OWEN TO SUCH
oRASTs ~
The first part Of this inquiry is already answered
in the statement that, as far as am aware, there
were never any surveys made in the country during
it's occupation by either Of the former governments
Mot Of the grants, however, were occupied before
or shortly after they were made, and all, far as
am informed, except where the hostile Indian oc-
cupation prevented In respect Of the grants 20
which have made any reference, did not learn
that there had been any delay in giving publicity
10 them.
Having met, sir, as far in my power, the scye-
raj inquiries set forth in the letter Of instructions
you we're pleased TO honor me with, my attention
was turned, as far they not already an
swered, 70 the more detailed points Of examination
furnished me, with your appreciation, by the Com
missioner Of Public Lands. The very minute i'm
formation contemplated by those instructions, IL
would have been impossible, as you justly antici-
pated, 70 obtain IN the brief time proposed for my
absence, even had IL been accessible in systematic
archives and records. My eSsmina ton, moreover,
was sufficient TO show me that such minute and e1
act information, many Of the various heads pro-
posed is not attainable at ALL and that the only
mode Of opDrorigating it must be through such
measures a. will produce general registration OF
written utcs, aud verbal prOofof possession where
written titles are wanting, followed or accOmpa-
MED by general surrey. BY such means only can
an approximation be made 10 the minute infOrma-
ton sought Of the character. extent position, and
date particularly Of the old grants in California.
The first branch Of the inquiries proposed by the
Instructions from the Land Office relate 20 "Rrants
or claims derived from the government Of Spain. -
The chioi local authority 10 grant lands in the
province Of California was 06iciO. the military
eommandant, who was likewise governor Of the