The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-07


tiles for city or town purposes.
This Is the section OF my bill in relation 10 these pus
ofo or municipal grants and now for the Spanish law
which originated them, quote principally from the re-
port OF VIM Carey Jones' ESQ., to the then Secretary of
the INTERIOR now member OF this body, Mr. EWING, OF
Oho sent out IN 1849 to examine California land titles.
special instructions The history Of California land grants
or rather distributions, with the laws and DEGREES in
which they are founded AT pages 1914 Of his printed
Oldest, but the most formal land the whose words
have followed in drawing the section under consideration
And here should that this printed report is private
print oil an official report The official rep0r, made TO
the Secretary OF the Interior, and uader his special in
slructons. by agent sent TO California for that pur
pose was by him com municated 10 the Senate but not
and that motion considered and sanctioned by the Print
ing Committee. TO which it was referred. motion
made nte Senate to lay that motion to print the Ia
Jones then had thousaad copss printed by GIDEON Il
Co. Tor distribution among his friends and from, OF
those copies now quote. IA iEa A
At pages 53-4 oil thai report And decree OF the Cap
tain General OF the Interna Western Provinces of New
Spain. to whose jurisdiction the CALIFORNIA; belonged,
dated from the capital Of those provinces chihuahua.
March 22, l79lab0ut sixty years agohis name, Pedro
de Nava and directed to Don Jose Antonio Roman,
mandant at Monterey OF Upper California. Il the
have been issued with any intent detraud the United
States, and in its terms both retrospective and poss
pec!ive-ooking backwards and forwards-and equally
applying 10 all pusbos whether then or afterwards 10 be
founded. 1t is entitled s.Grants BY Capsain. of Pres,
dos" and DEGREES thus
" In conformity with the opinion of the solicitor Of this
Cosma~daneia Gsnsya, have determined, in decree Of
his date tha! notw outstanding the provisions made in the
18th article Of the ordinance Of Inendant capa~s of
d'os are authorized to grant and distribute house lots
lands 10 the soldiers aud citiZens who solicit them
TO fix their residences on And considering the Of
ieal common leagues measured from The centre of the
oient tor the new puebos TO be formed under the potec
TO avoid douL,s and disputes 10 future that said
restrict themselves henceorward the quantity house
ing any limils leaving tree and open the
exclusive Jurisdiction belonging to the managers OF the
button OF the Of the lands peclive dis
rct And that this order be punctuay observed and
commandans ofthe presidos of your province, informing
me OF having done SO.
" God preserve you many years"
This decree OF the captain general after the gen.
eal law of the Indies for the sale, composition, and dis
tributon of lands in Spanish America called the Ord
aansa de Inendenfes" ard specially exempng the Cali
in fact separate systeD without separate declaration
to that effect, from the beginning The previous DEGREES
upon the subject first from the Viceroy Of New
Spain dated August IT, 1773, and entitled Instructions
10 be observed BY The commanddnt of the
San Diego and Monterey, and Of which these are ex-
tracts:
Ar 10. As the mission seemen are hereafter to be-
come cities, should be taken in their foundation
the houses should be built in ne with vide and
aned .ymmesy ba, tue desire Of The indians WHY WHY De
cited not to w ihdraw and even those reduced ybe
reclaimed and drawn to eaablish themselves and adopt
"Ar H. For preservation of the new mission settle
mens II Is essential that them should be
ged the raising of cae cultivation aud the planting
OF trees and Tor this purpose to choose suitable lands and
"Ar l2. With the desire that population may be more
speedily assured IN the new establishments for the pre-
lands also make TO such
Indians may most dedicate themselves agcutur and
love OF it Will ca Sc tn I'm to plant themselves more firmly
but the commnndant must bear IL in mind that is very
land given him, but that they their aud
habitaon In the Town or mission where they have been
"Art l3. / grant the faculty to The commandant
with respect distributing lands the other settlers (poba-
living the town. and dispersed, declaring that
the exercise OF what IL prescribed in this
provisions made the collection oaws peoting
reduction. and settlements granting them legal titles for
the owners protection without exactng any
thsrefor or for the act OF possession"
This decree three years before the declaration Of
Independence, and presents three points be OBJ
served first that the commandants of posts were au-
thorized 10 make municipal or Town grants by way of
distribution California Second that these distrbu
tions to be made both TO Indians and white settlers
IhHd, that they were to grant legal titles and without
The next OF these DEGREES which shall produce is tina,
by the captain general OF the Western Internal Provinces,
Don Felipe de Neve dated June lst l77q and approved
by royal cedula OF October H. l7sl entitled .Regu
iaon and instruction for The pyesdos of the Peninsula of
Cdi,forn,as the ereoo 9 missions, and enecuroge
Of Monterey" give extracts: pages 5l.2, Jonessrs
port)
''4h. The house lots be granted the settlers
shall be designated by the in the places and
the extent correspondent to the uac where the pue
bios be establshed In such that aud
square shalt be formed accord tho provisions of
OF the kingdom, and sgreesbIy the same, pc
lands Wsidos) shall be designated Tor the
pueblos and gouhds with suitable towing lands,
tor municipal purposes, (propos)
20 h Each sMsrs OF land, (outot) whether capable of
irrigation (dsrgo) dependant the seasons, (de tempo
raj shall consist Of hundred In length 10y
dred In bsesdh, being tho xrnen ally pied
in the OF anegn OF Indian ths distrbu
lion OF these h)u-c-los aud pieces ol land the
tue government, with equity, and Proportion the
onud which admits of rfipa ION, that after makinQ
Necessary demsrcaio0 and reservpg vacant the fourth
part OF the npmber which may result with the
shall have two suertes Of iuigsbe land and other .,
dry ground, del vered 10 hun and OF the royal nds tof
for the propos Of the pueblo and Of TIE
der well ot ihe honse-los shall be grained IA tue
III M by the governor, TO those hereafe
colonixe, and particularly soldiers, who, having
fulfilled the OF their account of ed
vanced from service aud likewise to the
families OF those who may die but these persons must
make their Improvements at ber own expense, out OF the
funds which each and will be enttcd -
the either salary rutons, CATTLE
this privieg. being limited those who leave their
country for the purpose OF pcopling this
6h Tho built lot. granted aud designated TO
the settlers, and the parcels OF land compiehe u
their respective sso shall be perpetpay hereditary
their and descendants, 10 their daughters who
ul ooonsis, ho la received OF land
themselves provided they all comply with the obgn
pressed In these instructions and in order that the
of OF these observe the obc-
dience respect which they their parents. the
latter shsl be freely authorized, in OF having
sons choose which of them. being aynan shall
succeed the house and lots and they may likewise dis
pose them among their children but divide a
single all IN indi