The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-12-17

within the limits OF the Baron De Baslrops grant, and
Tor allowing emplons certain actual settlers, IN the
event OF The final adludica,oa of the title Of the said DE
Bastrop 10 favor OF the United States" The Supreme
Conn OF the United States having rendered decision
against the validity of the De Basop title, which COW
cred over million OF arpens, this office, pursuant TO the
requirements OF the said ac oil The 81 oil March, 1901
issued the necessary instructions in order that report
might be made by The land officers the several classes
OF claims under De Basfop.
That report has been received and pursuant 10 the 81
seclioa OF the act will be laid before Congress at an early
day OF The ensuing session. .U Hy sH.H
Pursuant to the ACT of Congress approved March 8,
1891, Tor ascerianing and settling the private land
claims IN California, the land commissioners who had
been appointed 10 perform the duties prescribed by
mat law ELECTED an organization IN the early part
OF the present year, and held their first session at
san Francisco and since then, according TO advlces
dated IN August last, they were preparing 10 hold
session IN that month at Los Angeles. pursuant 10 the
order OF The President They had further been directed
to hold session on the 10th November 1852, at Santa
Barbsra and the 10Th February 1852 at Monterey but
upon their recommendation OF the loh August last The
order Tor The sessions at Santa Barbara and Monterey
revoked and another session al San francisco was
directed take place the 10th November instant The
reasons urged BY The comnissonss ior Their return 10
Sad FaAssco that they might be able TO despatch
the al that place which were ready Tor examination
and hearing, and which would remain IN suspense some
eight Or nine months from the date OF ther letter 4 the
order for the sessions at San Barbara and Monterey
carried into full effect. In their communication TO the
department Of the 10th August last they represented that
since The organization OF the board in January last, the
commissioners have been ndusirousiy employed in
forming themselves in regard 10 the Spanish and Next
can laws ordinances, and decrees applicable TO land H.
Ties in this State IN examining into me general nature
and character of those titles, and in taking testimony IN
individual cases" That the novelty and Importance
Of the various matters to be examined and considered
necessarily required time Tor the law agent as well as o
The commissioners, and il was not un the 18th uumo
(July) that the arguments in the first heard were
concluded, and the cases submitted that on the 81
instant (Augusp Their first decision was made which
embraces most OF the leading and important legal ques-
ons which is supposed will arise IN the land claims IN
this Sate and will form rule for their faction IN a
large portion Of the cases that are likely 70 be brought
before them that "the whole number of cases" then
pending before the board was 1885, and testimony had
been taken 1l3 Of them large portion of which were
then ready for exaninatlon and hearing, &c. Since
then this Office has received the printed opinions OF the
commissioners rendered in August last in the cases OF
Cruz Cervanles, Pearson b. Reading, and Carmen Sbran
de Bernal
Referring 10 those opinions two OF the commissioners
! (MessIs. Hand Hall and James Wilson,) in letter to
the department OF 18th August last advert to them as
showing that they have agreed upon and settled, so
Tar as their faction is concerned, most OF the important
legal questions that likely 10 arise under grants oil
land made by the Mexican government on the authority
OF the Mexican colonization law OF le24 and that IN
connexon with these three cases. and another OF sni
lar chaacTer, there also argued and submitted TO
them =" a nm, in which the grant was claimed TO have
been made by the Spanish governor Soia, IN 1920,
which claim, upon the proof made, they 'were unable
10 agree upon deciding IN favor OF the petitioners and
which, by" their " direction, as majority OF the board
was postponed for further evidence and argument" !" and
that % the claim which made in The OF The heirs
and devisces o Luis Peraa is TO very large tract OF
land lying the bay OF San Francisco, opposite 10 the
city," &c.
After alluding To anmadversion upon their course in
the matter the commissioners state that in the hurry OF
preparing 10 leave for Los Angeles" they have only
time 10 say that the claimants, in their petition to The
board claimed the land under grant from the Spanish
governor Soa, made the l6th OF August $780, and re.
efred TO ihe royal regulations Tor The government OF Cal
onia OF October a. ISL for The authority OF The gov
ernor 10 make it, (Haleck's Reports, appendix No 81
That the land called San Antonio described IN the
petition as containing an unknown quantity, and as
bounded the north By the rancho OF Castro,
the east by the mountain range, on the south by the
creek OF San Leando, and The west by The coast OF The
bay OF San Francisco. That no evidence was produced
that the land had been surveyed That The counsel
for the claimants and the law agent stipulated in writing
for the purpose OF the hearing That the tract claimed
was from twenty five to thirty miles in length along the
bay, and ten miles in width making from two hundred
and nifty 10 three hundred square mlesbeing than
three times the quantity that could have been granted 10
any one party under The Mexican colonization law of
1924. hat IN none OF the papers connected with the
grant is the land spoken OF containing more than five
leagues, aud IN some oi them II is represented less
and that in all OF them the description OF the land is in
definite and obscure, no other Than the northern and
southern boundaries being mentioned in any OF them.
That II appeared from the papers that the order OF Gov
ernor Soa, OF August IS, 1870, under whlch the petit
TONERS claimed. was revoked in part within few weeks
alter was made, and the pays possession cualed by
removing the northern boundary league and half fur
her south and that for this restricted boundary Govern
or Sola issued certifying document OF tide, October 49,
ants now produce but of the existence OF which the pub
c archives furnish eyideDce) paper purporng to
be decree OF Governor Arguelo, made June 90 1929
by which The league and halt OF land taken away from
Perss BY Sola was ordered TO be restored TO hun That
IN lsg4 the claimants peioned Governor Mlcheo-
ena (without mentioning the Aguello tte) for con
lrmatIon OF the land given bim by Sols that the petit
uon was considered and acted upon by the governor
and conhrmaofy grant issued 10 the claimant, Inn
Wing the quanii Of land TO fpe square leagues" That
this title paper, which doubtless in the hands OF the
claimants, was not produced" That the majority OF the
commissioners not satisfied upon the evidence
thus Produced and the absence of evidence thus sup
pressed, TO conhrm the title 10 such extensive tract OF
land, but desired survey and further proof for which
one OF them al the time Of the continuance assigned"
ressonsa copy OF which, with transcript /" from the
record OF book titles" for the year 1914 showing that the
conhrmaiory grant 10 Pealta issued by Micheorena"
was to the extent "of fpe square leagues" has been
forwarded to the department by the commissioners in
lustbcaon OF the pursued by them in posponing
decision in this important cause.
10 the civil and diplomatic appropriation act of the 3st
August last, Congress have conferred the authority
The surveyor general and made appropriation for the
sstvey of private claims n California which have been
presented TO the land commissioners in good faith, with
Limitation that he shall apply the appropriation only
such uneonhrmed IN the gradual extension OF the
lines OF the public surveys he shall lind within the i'm
mediate sphere oil his operations and which he is salts
ned ought to be respected and actually surveyed in adj
vance OF confirmation" This provision of law II is
expected, will be the OF relieving the country from
much embarrassment by preventing conflicts which might
arise by The survey as public property OF lands that should
properly be held in until the na ADJUDICATION
shall have been bsdand hereafter in such claims may
be ultimately held TO be invalid, il will be quite easy
extend the lines OF the public surveys them, and
connect the same with the contiguous surveys
In the saue law Congress has furiher provided for