The weekly Butte record., 1867-06-22

His residence at Sonoma was the capital of bis
commandancy, and the people Of the country for
hundreds of miles around looked TO Gen aAejo
for advice and assistance in business and for pro
lection and defence in time OF trouble These
things are part of the history Of California
I'VE have, therefore. TO report that the posses
sion that Gen. Vallejo had of Suseol, in 1876. was
the usual use and possession of the time and the
country. and that it the best and most perfect
7 use and occupation of which the land capable.
The ranch was therefore reduced TO possession
by General Vallejo before the Americans took pos
/ session OF the country.
soon after the American occupation OF con-
quest General Vallejo began to sell of portions of
the Susco. and continued this practice until about
the year 1856 at which time he sold the last OF It,
I and does not appear TO have had or claimed any
interest since.
This sale and consequent dividin the land into
smaller parcels produced its usual effect in the way
of improvements.
From 1850 to 1850 the ranch of Suscol WAS al
most entirely reduced to absolute and actual pos
session and control by his vendees, being by them
fenced up into fields surrounded by substantial en-
closrres, and improved by extensive farm houses.
out buildings orchards and the like. and euti-
ted in grain wherever suitable for that purpose.
1T had upon it two cities of considerable impor.
! taace, namely Bencis and Vallejo. each OF which
had been at one time the capital of the State Of
California
NO rural district of California was more highly
improved than this, and bat very small portion
/ equal to it.
The title to suscol before its rejection by the
United States Supreme Court. was considered the
very best in California. All the really very valua-
bic land in California was held under Mexican
grants, and, as a consequence, all had to pass the
ordeal Of the land commission.
! From 1853 TO 1860 very few had been finally
passed upon by the courts. that during that
time the question for the farmer TO decide was not
what title is perfect, but what is most likely TO
prove so by the final Judgment of the Supreme
Court.
Among the very best In the opinion OF the pub
lie, stood Suscol.
lone conclusive rnanswerable proof OF the fact
is this: that there not a single settler on the
grant at the time it was rejected. Not one person
On it except in subordination to the Vallejo title
Every resident on the whole tract held his land
by purchase from Vallejo or his assigns and held
just precisely the land so purchased. and not
acre more or less. This fact was not even dlspu
ted during the whole eight months of investigation
through which We have just passed. 1t is a noto-
rious fact that of the grants in California which
have stood the test of the Supreme Court, very
many have been entirely in the possession of squat
ters and all with more or less OF such possessions.
and the final patent alone has succeeded in recnv
ering the long lost possession TO the grant holder
There were no settlements on the Susco The
people had tue most perfect confidence in the title
Ii had been twice confirmed by tribunals OF high
auth horty and great iearning-hrst by the United
States land commissioners and then by the District
Cour, OF the United States
The sales OF land upon the Susco were made
prices which called for perfect tite they brought
the full improved value of the land. Money
lent mortgage in the same way.
Thus stood matters until early in the year 1862
when the intelligence reached California that the
grant had been rejected by the Supreme Court.
The struggle soon began. There was at that time
employed upon the United States navy yard at
Mare Island. and also upon the Pacific Mail Com
pany's works at Bencia' large number of me-
chanics and laborers. There was also in the towus
of Benica and Vallejo large floating population.
Tempted by the great value of these lands in their
highly improved state, many of these persons
squstted upon the ranch.
The land holders in possession resisted.
The houses of a great majority of the settlers
were erected in the nght time, il was necesasrr
to enter the enclosed fields by stealth. These
houses were built Of rough red wood boards set up
edsewise with shed roof and without window, fire
place or floor.
They were about eight feet square. sometimes
eight by ten feet, and never over six feet high.
We have Ia hesitation in saying that they were
utterly unfit for the habitation of human beings,
and further that they not designed for per-
manent residences. The mode of erecting these
shanteS were as follows: the panks were sawed OF
the right length IN the town of Vallejo or Benicla.
in the afternoon Of the day. and at nightfai were
loaded upon cart About III "'ciock at night the
team would start for the intended settlement. get
ting there about or two O'Clock In the morning.
Between that hour aud daylight the house would
be erected and finished. Sometimes the house
would be put together with nails, but when too
near the residence of the landhoder in possession,
screws would be used to prevent the sound OF the
hammer attracting attention. Very few of this
class of settlers remained upon their claims above
few days, bat returned to their usual occu
pations III the towns.
''Generally after they would leave the hndhold.
ers would remove the shanty from the ground. In
some cases they would pull them down with force
Immediately upon discovering them, aud in the
presence of the settlers.
A few of them got settlements near enough to
their places of employment to enable them tp work
in town or the navy yard, and to sleep in their
shanties-some regularly. others only occasionally
These generally remained longer than the others
but none of this class have remained up to the time
of the trial.
None of the settlers who went on since the
grant was rejected have attempted regular i'm.
provemen,s or cultivation. \ few have harvested
the grain planted by the landholders as il grew
on their quarter they would harvest it, and offer
this as evidence of good faith and cultivation.
I'VE have no hesitation in pronouncing from the
evidence. that these are not settlers within the
spirit OF the preemption laws, but are mere Specu-
lators, desrous Of getting the Improvements of
another 10 sell and TO make money.
There are on the Snscol few persons who claim
preemuton rights but who occupy different DO
fore the rejection of the grant purchased small par
GELS of land under Vallejo. of quantity less than one
hundred and sixty acres. say from ten up to seven
" or eighty acres. This class of persons with
some exceptions, desired extend their boundaries
so as to include hundred and sixty acres the
amount allowed by the general preempfon laws
of the United States. This they only could do bv
taking in the land of their cotermnons neighbors
who had bought and were holding under the same
title with themselves Those who would lose by
this encroachment strennously objected. and con
tests and conflicts were the speedy result.
Mr. McRuer | will consume bat a very few
moments further. want TO say to this House that
IT is impossible each individual member will ac-
Quaint hinself with ali the circumstances of this
case so As 10 form solemn and just opinion. |
say it is inevitable that such full information should
he confined 10 the California delegation. Now this
class Of Vandals who call themselves settlers can
find no friendly voice speak in their behalf in the
California delegation; and not only this delegation
but the same was the case in the last Congress and
in the preceding Congress. They conld not find a
single voice coming from California representing
the people in the various sections 10 speak in be
halt Of this class of men. The united voice of the
whole dele CATION is agains; these men.
Mr.. Hale. Allow me TO ask the question. As
the gentleman has remarked very properly, large
proportion of the members of this House are una
bic TO examine this matter personally. As he has
referred the position Of the California delegation
ask for my owa benefit well As Tor that Of other
members of the House. whether this involves any
other than a construction OF California law and
California grants.
Mr.. McRusr. Ii is nothing else. In regard 10
this case it Is put into this bill which We have pre-
pared 10 quiet land titles as rider. 1t has nothing
10 d. with this matter ask the Clerk to rsad the