New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-12-08

within the limits Of the Baron De Basrup grsnt AMI a.,
SLOWING pr, emptcns % certain actual se,.lers In ~,
event OF the hra adjudication OF the ute tn sad he
BGsrcp in favor o. the United States.' The supreme
Court OF tn United States having rendered decision
esnst the validity oi the D Bstrop ile which covered
over million OF arpcns TINS Office pursuant TO the ~
guiremeuts Ct . said at 81 tue 81 OF Narch, ISL Issued
lie necessary instructions in order thaf report ugh,
b. made 10y the land officers the several classes OF
claim uuCer De BasirCl
mar report has been received and pursuant 70 In.
third section OF the set will be lad before Congress At
sn early day of the ensuing 'essi1n
Pursuant % the act o. Congress approved % March
1881 for asccrtanug and setting the private and clms
in California. the Land Commissioners, who had been
spUoined 10 perOl the cuties presented oy mat law.
sected an Organization in the early par Of tie present
wear and held the hrst session a. san Francisco and
since then according Gdvlces dated m august last,
they were Irepsnre ~ hold session IN thai month ~
Los Angelo, pursuant 10 the order OF me Frcsdeni.
They had further been directed 10 hold session tho
lO, November at Santa Barbara and ON the 10Th Feb
rusIy. loj3 Monterey bur upon their recommends
non OF 10 tu.us, last the order or the ~ sions az san
"a Barbara and Monterey revoked snd auother ses
san Francisco directed 10 take pac" on the
10th November instead Tie sons urged ny the Com
ns,oncr Tia, they might De able 10 dispatch ,he
al that place watch were really Tor exsnnS'ion
ano bearing ana wt,h would remain m suspense some
eight months from dstc OF their letter the
Greer for the sessions 90 Santa Barbara and Monterey
was carried INTO fol c'irtL
In their communication to the department Of the ION
of August last they represented that slncs The orani
zatun OF the Boari January last, the Commissioners
have been ndusrlously employed IN inlormns them
selves in regard to the Spanish AMI Mex can laws orii
and DEGREES applicable 10 land titles in this State,
in examining the general aud character o.
those titles. and IL taking testimony in individual cases"
that tie novelty and Importance al the Sarous msters
10 be examined sndcon-ldered necessarily required tune
tur the law agent well tor the Commissioners, and
itwas no, Until the 1ih ulilmo July that the arguments
in the hrst heard were concluded and The
submitted that Ion the 81 instant (Augustl their
drs, decision was made which embraces most OF the
leading and important Legal qucsu n winch i up
uosed viii arise in the land csim- In this State, and viii
rule Tor their acuon IN large portion OF tc cases
Il az ere likely be brought before item; ths; the
whole number q. leases then pending before the Board
was "2qS and tc-iimony' had "been taken IN rs OF
them a large portion Of which were then ready Tor
examination and hearing, a. Since then this ohceha
received the printed opinions OF the Coniri,sonefs
rendered in August Ia in the cases OF Cruz CcTvlntcs
Pearson B. Reading. and Carmen Slorian de BernaL
Re eriing to those opinions, two OF the Commission
ers Messrs Hiand Hail ami James Wilson) N Letter
70 the Department OF the 18th Agg st advert them
showing that they have agreed upon ami settled
far thtr action l. erued, most OF the impor.
taut legal questions het Likely 10 ar-e under grants
Of laud made by the Mexican Government ON the au-
holity OF the Mexican Colonization law oil lS2i' and
TINT in crnnecuCu with these three cases and another
q similar character there was also argued and sub
mltttd to them nah IN which the grant was claimed
10 have tecn made by the Spanish Governor, Soa, in
leo. which claim, upon the proof made, they were
unable 10 agree upon deciding IN favor o tle petitioners
and WI ch ~ their direction, ~ majority OF the Board
VS. postponed for further evidence and argument and
"iha the claim which AZ made 10 the names o the heirs
ana dovsces of Luis Peruo i to very large tract OF
hnd lying this bay OF san Francisco, opposite to thus
city
After alludng 70 aniuadvcrsion upon their course in
the matter the COu soners state that in the hurryof
preparing leave tor Los Angeles they have oaly
ry that the Cnants, IN their petition TO The Board.
claimed the land uLder grant from the Spanish Gov
cIno sofa, made the 10th OF August lS20 and referred
to the royal regulations for the Government; OF Caor-
MA OF October a. s Tor the authority OF tho Governor
10 make It, Halle, k's Reports, Appendix, No , That
ll.
containing an unknown quantity, and as bounded on
tie north by the rancho Of Castro the east by
the mountain range on the south by the Creek OF san
LeandTO and on The We, by the coast oi the Bay OF San
FrauciscU, that evidence produced thai land
lad been surveyed; that The counsel for the claim.
ants and tkelaw agent stipulated in writing FOX the pur-
pose OF hearing that he tract claimed rom
iyfve 70 thirty mic length along the Bay, and ten
miles in width making rom 80 to 300 square miles,
Icing more han three Cmes the quantity tan could have
been glautcn to any one party under the Mexican col
oniz;tCn law o. lc2i That in of the papers
nCctCd with the grGti the land poken OF containing
dian five leagues, and In Of them Is repre-
eDted a. less ana that in all II them the de crpOn OF
the land Is indefinite aud obscure no ohor than the
northern and southern boundaries bc,ng mentioned in
any Of them; that it appeared from the papers that
the order of Gov SOls Of August l6 1920 under which
the petitioners claimed, was revoked IN par, with
Ia few weeks after It made and the panys possos-
sion curtaied by removing the Northern boundary
league and hail further south; and that for this re
stced boundary Governor S0laissueda certifying doc
umeLt Of tile, Oct Ia, 1922 being the only title gwen
b. him that the claimants produce (Out Of the
etencc OF which the public archives furnish no eyi
dence) paper puTporng 10 be a decree OF Governor
Arcuella made June 20, ls3 by which the league and
half OF lHnd taken away from Pcrsa by sofa,
dered 70 be restored To hun; that IN 1874, the claimants
pettoncd Governor MChcltOreDa (WithOut mentioning
the ATguella title for confirmation of the land given
him by SOa that the petition considered and noted
upon by the Governor AMI couhrnstory grant issued
10 the claimant limiting the quantity oil land IN i've
square leagues. ths this title paper which IL doubt
les in the hands Of the claimants was not produced
that The majority Of the Commissioners satisfied,
upon the evidence thus produced and in the absence
Of evidence thur suppressed - confirm the TILE 10 such
extensive tract OF land but desired survey and fur
theT proof for which OF them al the time 0 the con.
tnuance, asst gnCd reasons, a copy " which with
from the record book of titles for the year 1884,
showing that the conrrmatory grant 20 Perta issued
~ Mlcheltofcpa, was TO the extent OF I'VE square
leagues" have been forwarded to the Department by
tie Commissioners, in justification OF the course pur
sued by them in postponing decision IN % important
Ia the civil and diplomatic appropriation act OF the
3st Of August lat Congress have conferred authority
the Surveyor General, and made appropriation for
the survey OF private claims in California which have
Teen presenied to the Land G. mnissOnerg in good
faith with limitation that he shall apply the appropi-
alton only TO such uncolrned Ia the gradual
extension of the lines Of the public surveys he shall find
within the immediate sphere OF s operations and which
ne 10 satisfied ought 20 be respected and actually survey
ed in advance OF confirmation" The provision of law
il Is expected will be the means of relieving the country
nom much ernbsrras2 ment, by preventing conflicts
which might arise by tue survey, public property OF
Gnds that should properly be held ia reservation until
the final adjudication shs have been had ard hereafter
in such claims nasy be ultimately held 20 pc invalid IL
Will be quite easy 10 extend the lines Of the public
yeys them, and connect the with the cont-
surveys.
In the lnw Congress has further provided for an
sssocinte law agent ior California learned in the law
and skilled in the Spanish and English languages and
with this additional aid it IL hoped the Commissioners
vii be- able press the business entrusted 10 them
end bring their labors coee speedily rs possible
beg leave TO invite the attention o. Congress the
prOprety Of prescribing by legislation some racasure
Tor tsinng ard ,eng any private rights which
msy be duty 10 recognise In Oregon, view Of the
stpustions In the tTea;y OF 18th ugus 1916, Wash
iDgtCn between the United States and Great Britain
In prosecuting the public surveys IN that territory this
cf-ce under the necessity OF prescribing genersi