The New York herald., 1850-04-29

mission into pueblo, the jurisdiction of the autho
rites Of San Francisco was extended, and specia
license given to its principal magistrate to gran
lots at the mission San Francisco is situated on q
tongue or neck Of land, lying between the bay and
the sea, increasing in breadth, in southery drec-
ton. A measurement OF four leagues south from
the preside would give the city, in the present ad-
vanced value of property, magnificent corporate
domain, but not so much as was fairly assignable 10
the precincts of the presdo under the order of 1891
nor so much all new pueblos entitled to un-
der the general laws Of the lndias. There are pr-
vate rights, however, existing within those limits
apart from any grants Of the village authorities
which ought to be respected; some through grants
from the former government; some by location
and improvement, a claim both under our own
law and custom, and under the Spanish law, en-
titled to respect. To avoid the confuson-the
destruction-that would grow out of disturbing the
multiplied and vast interests that have arisen un-
der the acts of the American authorities at San
Francisco TO give the city what she would GER
tainly have been entitled to by the terms of the old
law, what she would need for the public improve
ments and adornments that her future population
will require and what is well due TO the enterprise
which has founded, in so brief space, great me-
trcpos in that remote region perhaps no better or
juster measure could be suggested, than confirm
alton of past acts, release OF government claims
TO the extent of four leagues, measuring south from
the preside, and including all between sea and bay
with suitable provision for protecting private rights
whether under old grants or by recent improve
ments, and reserving such sites as the government
uses may require.
BY the authorities of the village of San Jose, there
have been still larger operations in the lands be-
longing, or supposed to belong, TO the liberties of
that town. The outlands there, as / learned, have
been distributed in tracts of three to five hundred
acres.
The pueblo of San Jose was founded 7th Novem-
Der, TIT, by order of Felipe de Neve then military
commandant and governor The first settlers were
nine soldiers and five laboring men or farmers,
who went thither with cattle, tools, &c, from San
yhar had hppp acfa hlIsha aA tba,
FORE by order of the Viceroy the preside and the
mission of Dolores. Those persons took posses
sion, and made their settlement, .'in the name of
his Majesty" markingiopt the square for the erec-
lots,) and measuring to each settler piece of
ground, for the sowing of ianega of maize, 1.-TWO
hundred varas by four hundred) and for beans and
other vegetables Subsequently, the regulation of
l7S1 allowing to the settlers each four lots of
two hundred varas square, besides their house-lots
was no doubt applied to this village. Ii de-
signed for an agricultural settlement, and, together
with the pueblo of the south, clos Angeles,) re-
ceived constantly the favor and encouragement of
the government, with the view of having sufficient
agricultural produce raised for the supply of the
military posts. Both villages are situated in fertile
plains, selected for their sites with that object
In report or information made by the Governor
Ion Pedro Fages in February, 1871, to his success
sor, Governor Romeu, the encouragement of the
two pueblos is the first topic referred to-
81. Being (says Governor Fages) one of the OBJ
jects of greatest consideration, the encouragement
of the two pueblos of civilized people, which have
been established, the superior government has de-
termned to encourage them with all possible aids,
domiciliating in them the soldiers who retire from
the presidios, and by this means enlargng the set
tement.
"2 BY the superior order of 9th April, I7Sl, it
is ordered that the grains and other produce, which
the presidios receive from the inhabitants of the
two pueblos, shall be paid for in money, or such
goods and effects as the inhabitants have need of
"3. The distribution of lots of land, and house
lots, made with all possible requisite formalties,
with designation of town liberties, and other lands
for the common advantage, as likewise titles of
ownership given 10 the inhabitants, were approved
10y the Senior Communicate General, the 9th of
February, of the present year of l7S4"
There are also records of families being brought,
at the government expense, from the province OF
Sonora, specially TO people the two pueblos. Both
these vilages-being thus objects of government
favor and encouragement-clam TO have been
founded with more extensive privileges than the
ordinary village limits; and | have no doubt, rom
the information received, that such was the case.
The village of San Jose had dispute of bounda-
ry, as early as the year 1900, with the adjoining
mission of Santa Clara, and which was referred the
following year TO the government at Mexico. The
fact is noted in the index 10 California papers in
the Mexican archives, but did not find the cores
ponding record. There is likewise in the book OF
records, marked "1S2S, in the archives nj Mon
terey, outline of the boundaries claimed by the
pueblo at that time. But AT later period Tin 1884,
| beheve,) there was "A legislative action upon the
subject, in which, ms | understand, the boundaries
were fully agreed upon. Some documents re-
latng to this settlement are in the archives nj
San Jose, and also in the territorial archives. My
time did not permit me 10 make a full invesu-
cation OF the question of those boundaries, nor did
| think it necessary, because, at all events, they
can only be definitely settled by survey, the
private estates. My instructions, how
ever. call for discrimination between acts done
wiih legal formslities, and such as are "without
legal sanction" il is therefore proper for me 10
say, that do not know Of any law which would
Cali
fomia, in lots measured by hundreds Of acres; such
distribution, in fact would seem rather 10 defeat
the ends for which town grants are authorized by
the Spanish law. Perhaps an act to authorize the
limits of the town to be ascertained by survey, aud
To leave the question OF the validity OF those recent
large grants within the limits Of the same, to be
determined between the holders and the town in
ITS corporate capacity, would be as just and expe-
dent any other mode.
In and about the town Of M9nfory, likewise,
there were large concessions, as understood, and
some including the sites OF forts and public places,
made by the magistrate appointed there after the
accession Of the American authority. The limits
OF this town, slso, think, depend on an act Of the
territorial legislature, and may be ascertaincd by
an authorized survey.
The city Of Los 1Hgoies is one Of the oldest
tablishments Of California and L. prosperity was,
IN the same manner that of San Josc, an object
Of government interest and announcement. An
act OF the Mexican Congress, Of I'D May, lSo,
erected u into city, and established u as the ca
pital Of the territory The limits which, under
stood, are claimed Its town privileges are quite
large, hut probably more than It has enjoyed for
sixty years, or ever since it, foundation. The
grants made by this corporation since the cessation
ci the former government, have been, as Tar as
leaned. quite IN conformity with the Spanish law,
IN tracts such as were always granted for house
Tote IN the village, and vineyards aud gardens with
out, and in no greater number than the increase OF
population and the municipal wants required.
The only provision that seems To be wanting Tor
The pueblo of Los Angeles, is for the survey and
definition Of its extent, according TO its ancient re-
cognscd limits. The same remark, as far as have
learned, will apply 10 the remaining towns OF the
country. established under either OF the former gov
ernments.
The remarks made in previous part OF this Ic-
port, m relation 10 the MISSIONS cover 70 good de-
gree, the substance OF that branch Of the inquiries
Proposed by the Commissioner of the Land Bureau
have already stated that originally, the mission
lands may be said 10 have been coextcnsivc with
the province, since, nominally at least they occu
pi'd the whole extent, except the small localities OF
the PTts,dios, and the part inhabited 10y the wild
Indians, whom and whose territory q was theH
privilege to enter and reduce. Among the papers