USA > California > Monterey County > History and biographical record of Monterey and San Benito Counties : and history of the State of California : containing biographies of well-known citizens of the past and present. Volume I > Part 50
USA > California > San Benito County > History and biographical record of Monterey and San Benito Counties : and history of the State of California : containing biographies of well-known citizens of the past and present. Volume I > Part 50
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Witness my hand.
MANUEL CASTRO, Sec.
While the word "solares" signifies a "town lot" as distinguished from a rancho or larger tract of land, yet this book of Solares contains many grants of applications for settlement of agricul- tural and grazing lands, which are about as defi- nite as the grants of town lots, above given, as will appear by the following translation of record from this book of Solares :
JOSE JOAQUIN DE LA TORRE.
His Excellency the Governor: I, Don Jose Joaquin de la Torre, a cadet in the cavalry com- pany of this Imperial Presidio of Monterey, come before your Excellency and with all due respect and subjection requisite, show that I have served the nation twenty-one years and some months in the capacities of a distinguished cadet and cor- poral ; and having a large family, consisting of a wife and seven male children-the eldest being 16 years of age and the youngest (as yet) less that two years, and being the owner of a certain number of cattle and horses as the only means of support for his numerous family-the sup- plies to them furnished on account of his salary being inadequate.
I find myself under the necessity of appealing by means of this petition to your well-known kindness that you may, in your goodness of heart to me grant as my property, for me and my suc- cessor, the place (site) that your Excellency had the condescension of lending to me in the interim for the purpose of keeping (thereon) the said cattle; which place is the "Bolsas del Potrero y Moro Cojo" for raising said cattle and farming the same, and to build houses and fences (there- on) in order that in this manner, there may re- main something for my family wherewith they can supply their wants.
For, finding myself severely attacked with par- alysis on my left side, I believe that my life will not be long (in this world), but should God spare it for many years, I wish to have something with which to help my family.
It is not without hope, your Excellency, that I appeal to your well-known charity, since it is as well known to me as to all the other inhabitants of this province ; and this encourages me to make application (therefor), believing this place to be vacant, without property belonging to the Gov- ernment thereon and of no need to it.
Your Excellency can make myself and family happy with it, and therefore I ask of, and appeal to you, that my request may be granted, which I shall regard as a favor, and be thankful there- for.
Monterey, June 20th, 1822, and the 2nd year of our Glorious Independence.
JOSE JOAQUIN DE LA TORRE.
Don Pablo Vicente de Sola, Colonel of Prov- incial Militas, Military and Civil Governor of this New California and Inspector of its Troops.
In consideration of the applicant's services and of the said family he has, consisting of his wife and seven male children, I do grant unto him in the name of his Imperial Majesty, the favor he asks for in his petition for himself and his suc- cessors, that it, the "Bolsas del Potrero y Moro Cojo," that he may raise cattle, farm products, erect buildings and make such other improve- ments thereon as he may need for the support of his said family.
It was so provided and ordered by said Gov- ernor at the Presidio of Monterey, on the 22nd day of the month of June, in the year eighteen hundred and twenty-two.
PABLO VICENTE DE SOLA.
(Note. It may be of interest to the readers of this article to know that the above grant to de la Torre was afterwards confirmed by the United
-
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HISTORICAL AND BIOGRAPHICAL RECORD.
States for 6,915.99 acres of land and is worth about $2,000,000 today.)
.
These are illustrations of the form .of grants to many of the town lots of Monterey and the vast tracts of lands in different portions of Mon- terey county, which lands have since become of great value, but at the time these grants were made and even as late as their confirmation in the early '50s, were of little value. As late as the year 1867, the Santa Rita Rancho of 4,424 acres, lying in the Salinas Valley and within four or five miles of Salinas City, was offered for sale for $5,000. At one time, in the early '50s, 500 acres of the Nacional Rancho, on a portion of which grant the town of Salinas City was laid out, was sold for a yoke of oxen and a wagon. This grant is today one of the most valuable in the county. At the time these original grants were made, but little attention was given to boundaries of lands, but at the time of the confirmation by the United States, most of the rights of the Mexi- can grantees to the more valuable ranchos had been acquired by Americans who were prompt in seeing the importance of having the definite boundaries include as much land as possible.
The methods of measuring and marking boundaries of lands in the early Mexican days in California would hardly be recognized in these days, when the description of lands by courses and distances and the placing of monuments to mark corners and boundaries make the location of lands mathematically certain.
The old Dutch mariner who because of his con- stant and regular puffs of smoke from his pipe all day long, is said to have calculated his distance of travel thereby, and who from time to time re- ported his vessel as having traveled so many "pipes," is equaled by the Mexican surveyor who measured land by what is termed the "cigarette survey," that is, so many cigarettes north, so many cigarettes east, etc.
However, during the early Mexican rule in California, and to the time of American occupa- tion, the "riata survey" was the universal method of measuring land. It can readily be seen that such a method would result in many inaccuracies, as the length of the rope used would undoubtedly vary at times, but in some instances these meas-
urements were made with considerable care. As the form of making applications for and the granting of lands under Mexican rule and their measurements of lands are a matter of historical interest to many persons, the writer will include in this article a complete transcript of the trans- lation of the record as shown in the Book of So- lares, of the application, grant, measurement and occupation of the lands of the Buena Esperanza Rancho, this particular grant being selected be- cause the record is the most complete and the applicant scems to have technically followed the requirements of the law, and then filed a complete transcript of it for record.
The record is as follows :
DAVID ESTEVAN SPENCE.
First Seal. Six Dollars. Furnished prov- isionally by the Administration of the Maritime Custom House of Monterey, Upper California, for the years one thousand eight hundred and thirty-four and one thousand eight hundred and thirty-five.
Figueroa A. RAMIREZ.
Jose Figueroa, Brigadier Gen'l of the Mexican Republic, Gen'l Commanding Inspector and Chief Executive (officer) of Upper California.
(In margin) Seal "(Civil) Gov't of Upper California."
WHEREAS, Don David Estevan Spence, nat- uralized in the United States of Mexico, has ap- plied for the personal benefit of himself and family for the tract of land known by the name of "Rincon de Buena Esperanza" adjoining the Rancho Buenavista the Rancho Alizal and "Ojo de Agua del Encinal," the five sycamore trees and the Monterey River ; and having first taken the proper steps, and made the necessary investi- gations, as required by the laws and regulations.
Now, therefore, by tlie powers on me con- ferred, and in the name of the Mexican Nation, by this (day's) decree, I have granted unto the said Don David Estevan Spence the aforesaid land "del Rincon de Buena Esperanza," hereby declaring the same to be his own property. Said grant being made in entire conformity with, and as is prescribed by the laws, and subject to the approval or disapproval of the Hon. Territorial Diputation, and of the (Supreme) Government and under the following conditions :
Ist. That he shall submit to the conditions established by the regulations which must be framed for the distribution of vacant lands, and meanwhile, neither the petitioner nor his heirs
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HISTORICAL AND BIOGRAPHICAL RECORD.
can divide, or alienate the (tract of) land to him decreed, nor in any manner encumber or transfer the same for any purpose.
2nd. He may fence it, without obstructing the roads, cross roads, or servitudes, and he may en- joy it freely and exclusively, cultivating it or making such use of it as may seem most advan- tageous to him; but within a year at the latest he shall build a house (thereon) and it must be inhabited.
3rd. Whenever the property is confirmed to him, he must apply to the respective Judge for the Judicial possession in virtue of this decree, according to which must be marked the bound- aries, at the corners of which, besides the land marks, he shall set out some- fruit trees, or wild ones-though of some utility.
4th. The (tract of) land of which grant is hereby made, consists of two "grown cattle sites" more or less, according to the plot annexed to the "espediente." The Judge giving the possession shall order that the land be measured according to ordinance so that the boundaries be marked- the residue remaining for the (convenient) uses of the nation.
5th. Any violation of these conditions will cause him to forfeit his right to the land, which will then be open to entry (by another).
Holding this document as valid and effectual, serving to him the purposes of title, I therefore order that record of same be made in the proper book and (that) this (original) be delivered to the petitioner for his protection and other pur- poses.
Given in Monterey on the 29th of November, one thousand eight hundred and thirty-four.
JOSE FIGUEROA. AGUSTIN V. ZAMORANO, Sec.
Record of this decree duly made in the Register of Titles to lands granted, on pages 58, No. 56, kept in the office under my charge.
Monterey, November 29th, 1834.
ZAMORANO.
The undersigned, Gov't Secretary for the De- partment of the Californias, do hereby certify that the plot (diceno) hereto annexed is a faithful copy of the original which is annexed to the "expediente" of Don. David Spence.
Monterey, January 2nd, 1844.
MANL. JIMENO.
There is no paper with "Seal" corresponding for the above certificate.
Note by Recorder. The plan (plot) referred to was omitted from record by request of Mr. Spence. P. K. WOODSIDE, Recorder.
by W. S. JOHNSON, Deputy.
Seal 3rd. 25cts. (Seal) for the years 1826 and 1827-(in margin) Stamps four in number. "Good for the years 1828 and 1829"-"Good for the years 1830 and 1831"-"Good for the years 1832 and 1833" and "Good for the years 1834 and 1835" (in margin)
"Proposition of the Commissioner on vacant lands named by the Hon. Diputation."
TESTIMONY report.
The concession (i. e. grant) made to the citizen David Estevan Spence of the (tract of) land called "Encinal," granted on the 29th day of November, 1834, is approved.
Monterey, August 28th, 1835.
JOSE CASTRO.
(In margin.) (Dicision of the Hon. Diputation.)
Monterey, August 29th, 1835.
At to-day's session the Hon. Diputation ap- proved the proposition contained in the foregoing report of the commission and it was ordered that this "espediente" be returned to the Chief Ex- ecutive for final action.
JOSE CASTRO, President.
JOSE MARIA MALDONADO, Secty.
(In margin)
Decree of Chief Executive.
Monterey, August 29th, 1835.
In view of the Approbation by the Hon. Terri- torial Diputation declared at to-day's session let attestation of same be made, as well as of this decree, on the part of the citizen David E. Spence, in confirmation of the grant of the (tract of) land named "Encinal" which he obtained on November 29th, 1834.
HIS EXCELLENCY. Jose Figueroa, Chief Ex- ecutive of the Territory of Alta California, did thus order, decree and sign; to which I attest. JOSE FIGUEROA. FCO DEL CASTILLO NEGRETE, Secty.
Agrees verbatim with its original, which is of record in this office of the (Civil) Government, in the package of "Espedientes" concerning lands approved by the Hon. Diputation and marked No. I, to which I refer.
Monterey, August 29th, 1835.
Fco DEL CASTILLO NEGRETE,
Dues $1.50. Paid by him. Sec.
Seal 3rd. 25 cts. Furnished provisionally by the administration of the maritime custom house of Monterey, Upper California, for the years one thousand and eight hundred and thirty-four and one thousand eight hundred and thirty-five.
Figueroa. A. RAMIREZ.
HON. CONSTITUTIONAL ALCALDE: David E. Spence, a Mexican citizen (i. e., grant) of the
319,
HISTORICAL AND BIOGRAPHICAL RECORD.
land known as Rincon de Buena Esperanza, he applies (to you) that you may give to him the Judicial possession as provided in Article 3rd of the Title to said tract of land, which (title) was issued to him on the 29th of November, 1834, and is attached hereto and the confirmation of same, also that they may accomplish the desired result.
WHEREFORE, he prays that your Hon. place him in the desired possession, which is his due, &c. Monterey, September 17th, 1835.
DAVID E. SPENCE.
Monterey, September 17th, 1835.
(The foregoing) having been presented and admitted (by order of mine) the present Alcalde proceeded to the measurement, marking off the boundaries, and the Judicial possession, as prayed for by petitioner in this application hereby desig- nating the 24th day of the present month as the day set for that purpose, and for which time written notice must be given citing the adjoining owners to appear.
Thus I, the Constitutional Alcalde (of 2nd nomination) did order, decree and sign, with the assistants,
(in margin) "Y"
JOSE RAFAEL GONZALES. PEDRO ZEPEDA, Ass't.
GUILLO EDO HARTNELL, Ass't.
On this date notice of the foregoing decree was given to the citizen David Spence, and un- derstanding (it) said, that he is aware of it and accepts the citation, signing with me and as- sistants.
(in margin) "M" GONZALES. DAVID E. SPENCE. PEDRO ZEPEDA, Ass't.
EDO HARTNELL, Ass't.
On same day (date) the notices were written as ordered in the foregoing decree. In Witness Whereof, I note it and sign.
(in margin) "R"
T. R. G.
On the Rancho Rincon de Buena Esperanza on the twenty-fourth day of September one thousand eight hundred and thirty-five, in compliance with the (act) decree of the 17th inst., there being present the citizens, Mariano Estrada, Guillermo E. Hartnell and Jose Antonio and Joaquin Es- trada, owners adjoining this rancho cited (to be present) for the measurement, marking of the boundaries and the possession-I appointed (as such) measures the citizens Vicente Feliz and Vicente Garibay, who after their acceptance and oath, will proceed to the discharge of their commission.
Thus I, the Alcalde (of 2nd nomination) did decree and sign with the assistance.
(in margin) "Y".
JOSE RAFAEL GONZALES. PEDRO ZEPEDA, Ass't.
GUILLO EDO HARTNELL, Ass't.
On same (day and) date notice of the fore- going (act) was given to the adjoining owners,. and understanding (it) said that they hear it,. and sign (it) with me and the assistants. (in margin) "M" GONZALES.
GUILLO E. HARTNELL. JOSE MA. ESTRADA. GUILLO EDO HARTNELL, Ass't. PEDRO ZEPEDA, Ass't.
On the same day, month and year, notice (of the act) of their appointment was given to the citizens Vicente Feliz and Vicente Garibay, who said that they accepted and did accept said charge and swore by the Lord our God and the sign of the Cross to perform the task legally and faith- fully to the best of their ability (and without fraud to anyone. And they did not sign because- they did not know how, so they said,) but I did,. as well as those of assistance.
(In margin) "M"
GONZALES.
GUILLO EDO HARTNELL, Ass't. PEDRO ZEPEDA, Ass't. I, the said Alcalde, immediately ordered that the line with which the land is to be measured- be brought before me, and that the (individual) measures do measure off (of it) fifty varas, and. I signed with the assistants.
(in margin) "M"
GONZALES.
GUILLO EDO HARTNELL, Ass't. PEDRO ZEPEDA, Ass't.
Instantly in the presence of myself, the said. Judge, did the said measurers take the hair rope,. and with the ordinary Mexican vara measure,. mark off fifty varas to make the measurement with, as witness my hand. (in margin) "R"
On the same place, same day, month and year,. at II o'clock A. M., I the present second Con- stitutional Alcalde, ordered the appointed meas- ures to be ready for the measurement of the. land about to be measured for the citizen David E. Spence, and (they) being placed on the north- east edge of the river, one quarter to the east, said measurement was commenced (towards and) up to the five sycamore trees (152), one hundred' and fifty-two lines of 50 varas each. From said sycamore trees (on same rancho) towards the- hills up to the Canada Grande twenty (20) lines - the spring of water that is situated near the- sycamore trees remaining within the boundaries of said Spence's land; thence from the Canada to the boundaries of Don Guillermo Hartnell in' the Oak Grove (encinal) to the west (one quar-
320
HISTORICAL AND BIOGRAPHICAL. RECORD.
ter to the north, ninety-six (96) lines, and thence following the same course to the land marks (i. e., corner) of the Buena Vista and Hartnell ranchos) one hundred and twenty (120) lines, (thence) from said landmark southward to the river one hundred (100) lines, and from the oak tree (the Buena Vista boundary) southeasterly one quarter to the east-to the Estrada's boundary (the point of commencement) one hundred (100) lines. And at the corners (of said tract) I ordered the making of proper (mounds) land- marks, besides the planting of fruit trees and wild ones of some utility, so that the latter as well as the former might mark the boundaries that belong to him. The tract of land measured consists of two sites for grown cattle, and the petitioner, myself and the adjoining owners signed (it with the assistant. Witnesses, which I attest.
(In margin) "Y". JOHN RAFAEL GONZALES. DAVID E. SPENCE. GUILLO EDO HARTNELL. JOSE MA. ESTRADA.
GUILLO EDO HARTNELL, Ass't.
PEDRO ZEPEDA, Ass't.
On the Rancho Buena Esperanza. On the 24th day of September one thousand eight hundred and thirty-five. I. the second Constitutional Al- calde of Monterey (the) citizen Jose Rafael Gonzales, after the measurement of the said rancho was completed, the result being that the tract (measured) consists of two "sites for grown cattle (2.1)" and the adjoining owners, being present, also the citizens Mariano Estrada, Guil- lermo Hartnell, Jose, Anto Estrada and Joaquin Estrada (and) being satisfied with all (the rest) as appears from the foregoing proceedings, I ordered that the said citizen, David E. Spence, enter into peaceable possession of said rancho as per the aforesaid measurement and with the ac- customed formalities in such cases.
All of which he accomplished immediately by pulling up weeds and making demonstrations as owner of the land, the possession of which has been given him (and) the validity of which pos- session, I hereby authorize and sign on the Rancho Buena Esperanza-signing with the ad- joining owners, the interested party and the as- sisting witnesses, according to law.
(In margin) "Y"
JOSE RAFAEL GONZALES. DAVID E. SPENCE. GUILLO EDO HARTNELL. JOSE MA. ESTRADA. PEDRO ZEPEDA, Ass't. GUILLO EDO HARTNELL, Ass't.
Monterey, September 25th, 1835.
Let entry of the same be made in the Book of Lands that exists in the Archives of the First Tribunal of this capital, and return this original "expediente" to the petitioner that it may serve as his title.
Thus I, the Alcalde of the Second Nomination did order, decree and sign, with the assistants. (In margin) "Y".
JOSE RAFAEL GONZALES.
PEDRO ZEPEDA, Ass't. GUILLO EDO HARTNELL, Ass't.
On the same date entry (hereof) was made on page 3rd of the respective book, as ordered in the foregoing, and the original "expediente" was returned to the citizen David E. Spence written on 7 "legal" pages. In Witness Whereof, I note it and sign.
(In margin) "R".
SEAL OF THE (CIVIL) GOVERNMENT OF UPPER CALIFORNIA.
Monterey, April 15th, 1839.
WHEREAS, Don David Spence as per (his) petition of the 13th inst., has requested that there be adjudged to him-for the benefit of himself and family-the portion of that (tract) of land applied for by the citizen Francisco Lugo known by the name of "Agnaje del Encinal" by virtue of the latter having abandoned all (his preten- sions thereto, as is confirmed in the respective) document, and which place (i. e., tract) will serve as an extension of (& to) the one he actually possesses with proper title. And this place ( i. e., tract) no longer belonging to the lands of the Pueblo de San Carlos, which it adjoins, and be- ing absolutely vacant.
Now, therefore, in the exercise of the powers on me conferred by the law of August 18th, 1824, and the regulations of the 21st of November, 1828, in the name of the Mexican Nation by this decree, I have granted the said petition of Mr. Spence, granting to him the said property as his own, for which purpose he will apply to the re- spective Judge, requesting the corresponding pos- session (thereof).
Let the interested party have an attested copy of this concession that it may serve him as title (to the same) and make entry thereof in the corresponding book, and attach the "expediente" to the one (title) belonging to said Spence, re- ferring to the (tract) called el Encinal :- subject, however, to the stipulated conditions-for the occupation of that tract of land as per the title (thereto) issued on the 29th day of November, 1834.
Thus I, Juan B. Alvarado, Governor, ad inter-
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HISTORICAL AND BIOGRAPHICAL RECORD.
im of the Department of the Californias, did so order and sign.
JUAN B. ALVARADO.
MANUEL JIMENO, Secretary of State.
Note .- The tract of land mentioned consists of one "site for grown cattle."
Record of this title is made in the respective book, on page 4 as witness my hand.
MANUEL JIMENO.
His Excellency, the Governor of the Depart- ment, has ordered the same to be recorded in the Prefecture of the first District.
JIMENO.
Duly recorded on pages 6 and fol. of the re- spective book, kept in the Archives of the office of the Prefecture of the first district.
Pueblo of San Juan de Castro. April 26th, 1839.
JOSE MA. CAVARRUBIAS, Secty.
The foregoing, commencing on line 19 of page 56, was received for record 8th Nov., 1851, at II :15 A. D., and recorded at the request of David Spence.
Under Article VIII of the Treaty of Guada- lupe Hidalgo, it was stipulated that "Mexicans now established in territories previously belong- ing to Mexico, and which remain for the future within the limits of the United States, as de- fined by the present treaty, shall be free to con- tinue where they now reside, or to remove at any time to the Mexican Republic, retaining; the property which they possess in said territories."
Prior to the adoption of this treaty many grants of farming and grazing lands had been made by the Mexican authorities to various per- sons, the boundaries of which grants were in- definite and the title to which lands still remained in the Mexican Republic at the time of the treaty. These lands had been granted under con- dition that they should be improved and occupied and their grantees who had complied with these
conditions had an equitable title at least to these lands, something like a homestead settler on our public domain.
It was therefore the duty of the United States on assuming control of this territory and its people, to protect them in their equitable rights to these lands. Many of these rights were pur- chased by Americans, and in some instances the same rights were sold to different people, so that there arose different claimants for the same land, also disputes as to boundaries between claimants for different tracts, so that it became necessary for the United States to determine the rightful claimant and the definite boundaries of his land before these equitable rights could be confirmed and a patent issued for them.
To this end Congress passed an act in March, 1851, entitled "An Act to Ascertain and Settle the Private Land Claims in the State of Califor- nia," which provided for the creation of a Board of Commissioners, who were authorized to re- ceive petitions for the confirmation of private land claims and to hear and examine documentary evidence and testimony of witnesses and who were empowered to decide as to the validity or invalidity of such claims.
From the decision of the Commissioners, ap- peals could be taken to the U. S. District Court, and, in most cases affecting land claims in this county, such appeals were taken, but were after- wards, in many cases, dismissed.
On the final decision of the District Court in favor of the claimant, the United States granted a Patent to the claimant and in this 'manner the title to practically all of the valuable lands in Monterey county was founded.
A tabulated list of the grants, embracing lands in Monterey county, is here given, and will show a brief history of every rancho in the county :
21
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HISTORICAL AND BIOGRAPHICAL RECORD.
Date of To Whom Action by Confirm-
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