Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-01-01


In this State and will form rule for their action in
large portion of the that likely brought
for" them; that g the whole number Of cases then
pending before the board sswas 298 and testimony had
been taken lib Of them, large portion OF which were
then ready for examination and hearing &C.. Since
then this office has received the printed opinions of the
commissioners rendered in August last in the of
Cruz Ccrvantes Pearson b. Reading, and Carmen sbran
de Bernal
Referring to those opinions Of the commissioners
iMessrs Hiland Hall and James Wilson, in letter to the
Department of 18th August last advert to them show
ing that they have agreed upon and settled far as
their action is concerned most Of the important legal
questions that likely to arise under grants of land
made by the Mexican Government the authority of the
Mexican colonization law of 1924" and that in con-
nexion with these three and another of similar
character there also argued and submitted them
ga i'm in which the grant claimed to have been
made by the Spanish governor Sola in 1920 which claim
upon the proof made they were unable to agree upon
deciding in favor of the petitioners and which, by their
Correction majority of the board was postponed for
further evidence and argument, and that the claim
which is made in the of the heirs and deysees of
Luis Peraa to very large tract of land lying the
bay OF San Francisco, opposite to the city,, &c.
After abiding to animadversion upon their in
the NATTER the commissioners that in the hurry of
preparing to leave for Los Angeles they have only
time to say that the claimants in their petition to the
board claimed the land under grant from the Spanish
governor, Sola made the 18th Of August 1920, and
ferred to the royal regulations for the of
California of October a. $751; for the authority Of the
governor y
That the land called San Antonio described in the
petition as containing unknown quantity, and rs
bounded the north by the rancho Of Castro the
east by the mountain the south by the creek OF
San Leanro and the west by the of the bay of
San Francisco That evidence 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 from
TWENTY-FIVE to thirty miles length along the bay and
ten miles in width making from two hundred and fifty
to three hundred square miles being than three
times the quantity that could have been granted to
one party under the Mexican colonization aw OF lS24
That in of the papers connected with the grant is the
land spoken of containing than five leagues, and
in of them it is represented as less and that in all
of them the description of the land is indefinite and OBJ
scure no other than the northern and southern bounda
ries being mentioned in any of them That it appeared
from the papers that the order Of Governor Soa of Au
gust 16 1920, under which the petitioners claimed was
revoked in part within few weeks after 1t made
and the partys possession curtailed by removing the
northern boundary league and half further south and
that for this restricted boundary Governor Sofa issued
certifying document of title, October 49, 1922 being the
only title given by him. That the claimants produce
(bu of the existence of which the public archives furnish
no evidence paper purportng to be decree of Gov
Arguello made June 20 1929 by which the league
and half of land taken away from Peralta by Sofa
ordered to be restored to him. That in 1874 the claim
ants petitioned Governor cheltorena wthOut mention
ing the Arguello title) for confirmation of the land
given him by Sofa. That the petition was considered
and acted upon the governor and confrmaory grant
issued to the claimant limiting the quantity Of land fire
square leagues" That this title paper, which is doubt
less in the hands of the claimants not produced"
That the majority Of the commissioners not salts
hed the evidence thus produced and the absence
of evidence thus suppressed confirm the title such
extensive of land but desired survey and fur
Their proof for which of them at the time of the
tinuance assigned" reasons copy of which, with a
transcript from the record of book titles for the
1874 showing that the confrmatory grant Peralta,
issued by Micheorena, was to the extent Of fire square
leagues has been forwarded the Department by the
go
them in postponing decision in this important
In the civil and diplomatic appropriation act of the 3lst
August last Congress have conferred the authority the
surveyor general and made appropriation for the
vey of private claims in California which have been pre-
sented the land commissioners in good faith with
limitation that he shall apply the appropriation only to
such unconrmed cases in the gradual extension of the
lines of the public surveys he shall find within the mme
date sphere of his operations and which he is satisfied
ought to be respected and actually surveyed in advance
of confirmation. This provision of law it 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 reservation until the final adjudca
ton shall have been and hereafter in such claims
may be ultimately held to be invalid it will be quite easy
to extend the lines of the public surveys them and
connect the same with the contiguous surveys.
In the same law Congress has further provided for
associate law agent for California learned in the law and
skilled in the Spanish and English languages and with
this additional aid il is hoped the commissioners will be
able press the business entrusted them and bring
their labors to o close speedily as possible.
beg leave to invite the attention Of Congress the
propriey of prescribing by legislation for
ascertaining and settling any private rights which it may
be duty to recognise in Oregon in view Of the stpu
atons in the treaty of 10Th August 1896 Washington
between the United States and Great Britain In
cutting the public surveys in that Territory this Office
under the necessity of prescribing general rule for the
government of the surveyor general in order that he
might avoid far practicable any interference with
valid rights. The action Of that officer, however, in the
matter in the absence Of legislation necessarily be
partial and inconcusye and therefore must again adj
vert to the subject in the hope that proper legislation
may be had at the present session, Govern
should avail itself of the right Of purchase
cognised in the treaty. tf
The duties of the private land claim branch Of the
vice now extremely intricate and By
Of the enhanced value Of property generally through
out the country conflicting interests arise and perpexng
questions of law and Of fact constantly coming before
the department for examination and decision often in
voving interests to an immense amount And when such
progress shall have been made by the tribunals const-
tuted for the adjudication Of private land titles in Cali
fornia will bring them before the General Land Office
for its examination and dehntve action in the way Of is
suing United States patents for the same abors and
responsibilities win be seriously increased in this branch
Of the service
The attention Of Congress called to the recommenda-
tons heretofore made for such legislation will autho-
r1e this Office, under the direction of the President
survey and dispose Of lands reserved for military and
other purposes, when the object for which they
originally set apart has been accomplished Numerous
reservations of this character exist and in many
stances present almost insuperable difficulty to the
settlement and sale Of large bodies Of land BY the act
OF 1879 the Secretary Of War Is authorized to sell aban
doned military reservations but there authority any
where to dispose Of land reserved for naval timber The
of hayi n In he VIII mat