New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-05-07
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THE sANTILLAy CAsE.


The Santian case one of the numerous Caii'or-
na cases decidedat the late session ofthc Supreme
Court Of the United States, involves the title TO
ten thousand acres Of land, forming part OF the
city plot of San Francisco, and estimated on inc
tax.list of that city IA of the value oil some
SI5. 600. This tract originally constituted
one of those Missions, established by Spanish
monks in various parts of California, for the IN
struction and civilization of the Indians, ana
| which. under the old Spanish regime, were sue
cessfully cultivated by Indian labor, under the
direction of the monks in charge. After the MeN-
can Revolution, these Missions were seized upon
as Government property, and were placed under
| the administration of secular priests.
In 1886, the supreme Government at Mexico au-
thorized their sale ut auction. 1t was not, how
ever. upon sale by auction that the present claim
was based The allegation was that this mission
had been sold at private sale to one Santi'an, the
secular priest in charge, the consideration being
the payment of the outstanding debts of the mis-
sion. The first that was heard of this grant was
in 1850. In 1852, it was presented to the Cali
fornia Land Commissioners by j. X Bolton OF the
firm of Bolton. Bowen < Co., who claimed to
have purchased it Of Santillan, and who subse-
ouently assigned it to Palmer, Cook u Co., for
5000 600. They converted it into ajont-stock con-
Germ. and sold out half the shares to certain par
ties in Philadelphia for about what the whole cost
them. Upon the failure Of Palmer, Cook & Co.,
the rest of the shares passed into the hands OF
PbiIadelphians who had advanced money on that
security. 1t appears 10 have been qulte % fancy
stock in that city, the shares having been subdl-
yided so as to make the number of thirty thou
sand. which at the hight of the market seld for
four thousand dollars each.
The claimants under this grant appear to- have
taken actual possession of some six hundred acres
Of IT, but the rest was occupied b. squatters, who
denied the validity of the Santillan title, and IN
whose interest that title has been disputed by the
United States. The claimants obtained a decision
in their fay or from the Land Commission, appointed
by Congress TO investigate these California claims,
and list decision was affirmed IN the United States
District Court for California but vastly to the dis
appointment of the Philadelphia spectators, the
Supreme Court, on appeal, have set aside these
decisions and refused to confirm the title.
The alleged deed bears date in is46j but no no.
flee of It appears in the records of the Land
Office for Shat year. Ii is true that these records
were not very regularly kept. end that some por-
ton of them was lost but not that portion of them
where this grant if actually made, would have
been entered. The Supreme Court were, indeed,
satisfied BIZ the evidence that the deed produced
and relied upon, though bearing date in le46, was
actually made in 1850, and therefore mere for
gerry. since before that time California had passed
out of the possession Of the Mexicans.. Even al
lowing that the grant was an authentic one they
do not consider that the consideration set FORTH,
which was merely an undertaking to pay the debt
of the Mission, constituted q sufficient basis for
the deed.
Accordng,t0th the last accounts from Philadelphia,
the claimants are about to petition Congress for
rehearing What the grounds, Of this petition are,
does not appear; but so rich prize is not likely
TO be rclinq,Hshed without the most desperate eff
forts to retain it. The shares, after the decision
was made known stood at forty-fiye dollars.
There is another California case still pending,
involving The Amaden Quicksilver Mine, as to-
which n similar forgery is alleged of the Mexican
grant under which it is claimed. And it is worthy
of notice that Bolton, the grantee of Santian, is
a member Of the firm of Bolton, Brown & Coz,
who are tins claimants of the Almaden mine.