New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-03-08
Men, ork Datlp Gxibnre
CALIFORNIA LAND TITLES.


mate, united With mc.t fertile snd productive
soil. So far The season sas been unusually dry,
and bat listle rsin hs fallen. Cur 6st rain Of
the season commenced Aboa, October ). aud 10
had showers for thcu, w.ek Then we hsd NO
more until the frs, OF the present month. and this
rain lasted uatil the 18th. from which time ~ the
/ 10Th. twen,y.One days. We tal succession Of
bright, beautiful ard tslmy days. like the lovclicst
Indian sumner that was ever seen or imagined.
We are now getting some showers again. and trust
they NAV continue until the ~.rg &ggisgs" shall
feel their influence.
You are aware that for three yesrs past we hayo
had in session here Board OF Commissioners.
created under the Act Of Congress OF March =.
ISL, for the purchase q ssccrtsining snd set
ting private land claims IA Csliiornis. This Board.
Of which the Hon Alphess feleh j. Chsirtssn.
conduct their proceedings IN al respects Ike
Court Of Justice. aud have been ardaons and
faith tul in their lGhors 20 accomplish the business
wherewih they have been inirustcd and one moro
year will. und,ub,,dy. enable them to bring their
I lahors to a close.
send YOU inclosed printed statement made
/ hv the umissivuer- sud their Secretary, Ia IN.
Secretary of the Interior. which may serve ;"
give You very correct 'dea OF the laecrs imposed
upon item.
state of the country. and the pastoral population
of those DAYS has inflicted whitening and blight
ING curse upon California, in the land monopoly
which has followed All the iairest portions Of
the country are covered by these srants Tho
/ l,yely valleys surrounding the Rsy ot San Fran
/ cisco are ali clsimed in this way. aud many Por-
tons by several different claimants. aud all theso
titles have been found valid, 81 tar as passed apoa
/ by the Board.
I Whether these claims will be- further sustained
bv our Superior Court At Washington. ~ at least
questionable The effect Of So sustaining them
upon the permanent prosperity oI California WI
/ be- disastrous IA the extreme set oi heartess
| sp.culstnrs have seized upon these grants. and
the Old Ranchsros ne n class. have very little IN
t,rest in them. Like the aborgines. they
are fast disappearing. Lands winch wer"
/ purchased from them no nominal prices two or
| three Years ago (say ~ to - per acre) are now
held AZ from $50 to $50. They are now mostly
occupied by the actual settlers, or squaiters,
who are safe in their possessions until the Courts
At Washington shall pronounce their edict against
them. and then n whole population must either be-
turutd from their homes or submit 20 be the seris
and tenants of tie monOpolists.
lam aware that whatever rights Of property
the speculators have. as derived from the former
Government Of Mexico. must be- respectedi but
these rights are ~ be tested and determined ny
the law. They surely have NO sainrai night To tho
land. and whatever rights they may have, ss de
rived from the law, must by the law stand or fall.
Most happy would il be- should It be iosnd by our
/ Court Of last resort that the law does not sustain
these immense and unjust monopoii.s. 81,
Now there are two points upon which the well
wishers Of California yet hang their hopes and
/ these points We trust may be- drhnitei. se'"""
by the Supreme Court this winter va;
/. The Mexican Colonization Law, IN Its 'th
article. provided That the lands eomprlsed
within twenty leagues 81 the frontier OF any
foreign nation or within ten leagues from the
:" sea coast. cannot be coonizcd without the pre-
"yious consent OF the Supreme General Execu'
- tive power.
uuleated 10 carry out the Colonization Law, IL IL
provided that: The concessions made 10 pri-
yate individuals or families. shall not be- helI
.definitiyely valid. without the previous cousem
of the Territorial Population. 10 which effect
the respective EIPedit~es shall be submitted ."
/ cit"
Now. il 80 happens that Il large majority, per-
hsps two-thirds, Of all the grants made, do sc-
tualy lie within ten leagues OF the sea-cossf, and
! vet our hrst Board of Commissioners underworld,
/ by a multitude Il words, 10 demonstrate that
tlose plain provisions Of the Mexican law mrant
nothing aud our present Board seem 10 follow IN
their wake We are anxious TO see what tho
Judges at Washington will do. Whether they
will say that party can acquire even an equity
/ 10 lands which are expressly withheld from grant,
by merely settling upon them, aud 10 defiance ~
: law and against law, taking u pretended grant
from the Governor when, at the same time the
law tells him that his grant IL no more value than
80 much waste paper. The great fact about
il IT, that the Territorial Governor 81 Caliior-
MA, had no more right or power To grant these
reserved lands within the ten border leagues.
/ than the Comuissi oner Of our General Land Once
would have to i--ue patent for lands which msy
have been reserved for forts OF navy yards aud
the party settling upon these lands knew that they
/ had no right there, mush less to take any grant
] from the Governor, without first having obtained
! the approval OF the Supreme Government at Mex
/ ico In other words. the Governor did an Illegal
act when he made the grant. and the grantee when
! he took il. They both Knew they were acting
contrary 20 the law and yet. from this deliberate
! disregard Of law according IN our Commissioners.
an equity has arisen by which these grantees havo
a right 10 these lands.
We shall see whether this new phsse OF oqs1y
! is to be finally sanctioned rs the law.
IL certainly vas the policy and interest Of tho
law 10 reserve these lands " the Mexican nation.
Under the zane eoloBiz alton law the other States
and Territories of Mexico were settled, and grants
/ made; and Santa Anna himself little more than
a wear ago. ION 25th Nov, 1853 issBed decree
declaring that the Mexican States never had
power TO grant any Of the public lands within
there borderesgues; that al grants Of such lands
| made without especial approval oithe Central Gov
eminent we're void and ordering the public
/ officers again 10 take possession OF such lands.
This, at least shows what santa Anna thinks
Of the law and, although the opinion OF asurper,
40 lie is may not be safely relied ON As authority,
| vet for once he judged rightly.
| In regard a. the concurrence of the Depart
mer tai Assembly in the making Of these srsnts u
/ would seem that there can be hardly luesuon