USA > California > Mendocino County > History of Mendocino County, California : comprising its geography, geology, topography, climatography, springs and timber > Part 22
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4. That when sold, if, after the debts were satisfied, there should be any remainder, it should be distributed to the Indians of the respective establishments.
5. That in view of the expenses necessary in the maintenance of the priest, and of Divine worship, the governor might determine a portion of the whole property, whether of cultivable lands, houses, or of any other description, according to his discretion, and by consultation with the respective priests.
6. The property thus determined should be delivered as by sale, but sub- ject to a perpetual interest of four per cent. for the uses above indicated.
7. That the present Act should not affect anything already done, or con- tracts made in pursuance of the decree of 28th May last, nor prevent an" . thing being one conformable to that decree.
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HISTORY OF MENDOCINO COUNTY, CALIFORNIA.
8. That the governor should provide against all impediments that might not be foreseen by the Act, and in six months at farthest, give an account to the Assembly of the results of its fulfilment.
Previous to several of the last mentioned acts, that is on August 24, 1844, the Departmental Assembly, in anticipation of a war breaking out, passed a law authorizing the governor, on the happening of that contingency, either "to sell, hypothecate, or rent, the houses, landed property and field lands of the missions, comprehended in the whole extent of the country from San Diego to Sonoma," except that of Santa Barbara, "reserved for the residence of the bishop."
These comprise all the general acts of the authorities of California which I was able to meet with on the subject of missions. Of the extent or manner in which they were carried into execution, so far as the missions proper-that is, the mission buildings and lands appurtenant-are concerned, but little information is afforded by what I could find in the archives. A very consid- erable part, however, of the grants made since the secularization of 1833, (comprising the bulk of all the grants in the country) are lands previously recognized as appurtenances of the missions, and so used as grazing farms, or for other purposes. In some cases the petitions for such grants were referred to the principal priest at the mission to which the land petitioned for was attached, and his opinion taken whether the grant could be made without prejudice to the mission. In other cases, and generally this formality was not observed. This remark relates to the farms and grazing grounds (ranchos) occupied by the missions, and some titles to Indians, pursuant to the regula- tion of Governor Figueroa, and the proclamation of Governor Pico, on record in the file of expedientes of grants before noticed.
What I have been able to gather from the meagre records and memoranda in the archives, and from private information and examination of the actual state of the missions, is given below. It is necessary to explain, however, still farther than I have, that in speaking of the missions now, we cannot understand the great establishments which they were. Since 1833, and even before, farms of great (many leagues) extent, and many of them, have reduced the limits they enjoyed, in all cases very greatly, and in some instances into a narrow compass; and while their borders have been thus cut off, their planting an 1 other grounds inside are dotted to a greater or less extent by private grants. The extent to which this has been the case can only be ascertained by the same process that is necessary everywhere in Cali- fornia, to separate public from private lands-namely, authorized surveys of the grants according to their calls, which though not definite, will almost always furnish some distinguishable natural object to guide the surveyor .*
*I was told by Major J. R. Snyder, the gentleman appointed Territorial Surveyor, by Col. Mason, and who made surveys of a number of grants in the central part of the country, that he had little difficulty in following the calls and ascertaining the bounds of the grants.
193
THE MEXICAN GRANTS.
The actual condition of the establishments, understanding them in the reduced sense above shown, was, at the time the Mexican government ceased in Cali- fornia, and according to the best information I could obtain, as follows :-
MISSIONS.
WHERE SITUATED.
DEG.
MIN,
San Diego.
32
48
Sold to Santiago Arguello, June 8. 1846.
San Luis Rey ...
33
03
Sold to Antonio Cot and Andres Pico, May 13, 1846.
San Juan Capistrano.
33
26
Pueblo, and remainder sold to John Foster and James McKinley, December 6, 1845.
San Gabriel.
34
10
Sold to Julian Workman and Hugo Reid, June 18, 1846.
San Fernando
31
16
Rented to Andres Pico, for nine years from December, 1845, and sold to Juan Celis, June, 1846.
San Buenaventura.
34
36
Sold to Joseph Arnaz.
Santa Barbara
34
40
Rented for nine years, from June 8, 1846, to Nicholas Den.
Santa Ynes.
34
52
Rented to Joaquin Carrillo.
La Purisima ..
35
00
Sold to John Temple, December 6, 1845.
San Luis Obispo.
35
36
Pueblo.
San Miguel.
35
48
Uncertain.
San Antonio
36
30
Vacant.
Soledad.
36
38 House and garden sold to Sobranes, January 4, 1846.
Carmel. .
36
44 Pueblo.
San Juan Bautista.
36
58
Pueblo.
Santa Cruz.
37
00
Vacant.
Santa Clara.
37
20
In charge of priest.
San Jose
37
30
In charge of priest.
Dolores ..
37
58 Pueblo.
San Rafael.
38
00
Mission in charge of priest.
San Francisco Solano.
38
30
Mission in charge of priest.
The information above given concerning the condition of the missions at the time of the cessation of the former Government, is partly obtained from documents in the archives, and partly from private sources. What is to be traced in the archives is on loose sheets of paper, liable to be lost, and parts quite likely have been lost; there may be some papers concerning them which in the mass of documents, escaped my examination. I have no doubt, however, of the exactness of the statement above given as far as it goes.
It will be seen, then, that the missions-the principal part of their lands cut off by private grants, but still, no doubt, each embracing a considerable tract-perhaps from one to ten leagues-have, some of them, been sold or granted under the former Government, and become private property; some converted into villages and consequently granted in the usual form in lots to individuals and heads of families; a part are in the hands of rentees, and at the disposal of the Government when these contracts expire, and the remainder at its present disposal. .
If it were within my province to suggest what would be an equitable dis- position of such of the missions as remain the property of the Government, I should say that the churches with all the church property and ornaments, a 13
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HISTORY OF MENDOCINO COUNTY, CALIFORNIA.
portion of the principal building for the residence of the priest, with a piece of land equal to that designated in the original Act of the Mexican Congress for their secularization (to wit, two hundred varas square), with another piece for a cemetery, should be granted to the respective Catholic parishes for the uses specified, and the remainder of the buildings with portions of land attached, for schools and municipal or county purposes, and for the residence of the bishop; the same allotment at the mission of Santa Barbara that was made in the last proclamation of Governor Pico. The churches, certainly, ought not to be appropriated to any other use, and less than the inhabitants have always considered and enjoyed as their right.
To conclude the inquiry in the last portion of your letter of instructions, namely, concerning "large grants" other than the supposed ecclesiastical grants.
I did not find in the archives of California any record of large grants in the sense I suppose the term to be here used. There are a number of grants to the full extent of the privilege accorded by law to individual conces- sions and of the authority of the local government to make independent of the Central Government-to wit, of eleven sitios, or leagues square.
There are understood in the country however, to be large claims reputed to be founded on grants direct from the Mexican Government-one held by Cap- tain Sutter; another by General Vallejo. The archives (as far as I could dis- cover) only show that Captain Sutter received July 18, 1841, from Governor Alvarado, the usual grant of eleven sitios on the Sacramento river, and this is all I ascertained. The archives likewise show that General Vallejo received from Governor Micheltorena, October 22, 1823, a grant of ten sitios called "Petaluma," in the district of Sonoma; and I was informed by a respectable gentleman in California, that General Vallejo had likewise a grant from the Mexican Government given for valuable consideration, of a large tract known by the same of "Suscol," and including the site of the present town of Benicia, founded by Messrs. Vallejo and Semple, on the Straits of Carquinez. It is also reputed that the same gentleman has extensive claims in the valley of Sonoma and on Suisun bay. It appears from documents which General Vallejo caused to be published in the newspapers of California in 1847, that he was deputed in the year 1835, by General Figueroa, to found a settlement in the valley of Sonoma, "with the object of arresting the progress of the Russian settlements of Bodega and Ross." General Vallejo was at that time (1835), military commander of the northern frontier. He afterwards (in 1836), by virtue of a revolution which occurred in that year in California, became military commandant of the department-the civil and military gov- ernment being by the same act divided-to which office he was confirmed in 1838 by the Supreme Government.
The following extract from Governor Figueroa's instructions to him, will show the extent of General Vallejo's powers as agent for colonizing the north:
195
THE MEXICAN GRANTS.
" You are empowered to solicit families in all the territory and other States of the Mexican Republic, in order to colonize the northern frontiers, granting lands to all persons who may wish to establish themselves there, and those grants shall be confirmed to them by the Territorial Government, whenever the grantees shall apply therefor; the title which they obtain from you serv- ing them in the meantime as a sufficient guarantee, as you are the only indi- vidual authorized by the superior authority to concede lands in the frontier under your charge. The Supreme Government of the territory is convinced that you are the only officer to whom so great an enterprise can be entrusted; and in order that it may be accomplished in a certain manner, it is willing to defray the necessary expenses to that end."
An official letter to General Vallejo from the Department of War and Marine, dated Mexico, August 5, 1839, expresses approbation of what had thitherto been done in establishing the colony, and the desire that the settle- ments should continue to increase, "until they should be so strong as to be respected not only by the Indian tribes, but also by the establishments of the foreigners who should attempt to invade that valuable region."
I did not find any trace of these documents, or of anything concerning General Vallejo's appointment or operations in the government archives. But there is no reason to doubt the genuineness of the papers. They do not, however, convey any title to lands beyond authority to grant during the time his appointment continued to actual colonizers. The appointment of General Vallejo seems to have been made by direction of the Supreme (National) Government. I had no means of ascertaining how long the appointment lasted, nor to what extent its powers were used; but infer from Vallejo, himself, taking a grant of his rancho of Petaluma, in 1843, that his own authority in that respect had then ceased. As there are other grants also of considerable extent in the same neighborhood embraced in the gov- ernment archives, I apprehend that most, if not all of the grants made by him exclusive of what may be embraced in the town privileges of Sonoma, (and which will be noticed hereafter) were confirmed, or regranted to the par- ties by the departmental government. In this view, however, I may be mis- taken. And I desire to be distinctly understood as not intending to throw any doubt or discredit on the titles or claims of either of the gentlemen I have mentioned. I had no opportunity of inspecting any grants they may possess, beyond what I have stated, and I imagine their lands can only be separated from the domain by the process universally requisite-the registra- tion of outstanding grants and their survey.
III. "GRANTS OF ISLANDS, KEYS AND PROMONTORIES, POINTS OF IMPOR- TANCE TO THE PUBLIC," ETC.
The only points of special public importance which I learned were granted prior to the cessation of the former government, are the site of the old fort of
196
HISTORY OF MENDOCINO COUNTY, CALIFORNIA.
San Joaquin, near the outlet of the Bay of San Francisco, and Alcatraz (or Bird) Island, commanding its entrance, the Key of the Golden Gate. The date of the first named grant is June 25, 1846; it was made to Benito Diaz, and by him transferred to Mr. T. O. Larkin, of Monterey. I understand a portion of the land embraced in the grant is in occupation of the United States troops, or has property of the United States upon it, and a part in pos- session of Mr. Larkin.
Alcatraz Island was granted in June, 1846, to Mr. Francis P. Temple, of Los Angeles. The indispensableness of this point to the Government, both for the purpose of fortification, and as a proper position for a hight-house, induced Lieut-Col. Fremont, when Governor of California, to contract for the purchase of it on behalf of the United States. The Government, it is believed, has never confirmed the purchase, or paid the consideration, This island is a solid rock, of about half-a-mile in circumference, rising out of the sea just in front of the inner extremity of the throat or narrows which forms the entrance to the bay, and perfectly commands both front and sides. It is also in the line of the sailing directions for entering the bay,* and consequently a light-house upon it is indispensable.
The local government had special authority and instructions from the gen- eral government, under date July 12, 1838, to grant and distribute lands in "the desert islands adjacent to that department."
Whether the grants "purport to be inchoate or perfect?" The grants made in that department under the Mexican law, all, I believe, purport to be perfect, except in the respect of requiring "confirmation by the departmental assembly." The difficulties of determining what grants have not received this confirmation have been above explained.
IV. "IF THERE BE ANY ALLEGED GRANTS OF LANDS COVERING A PORTION OF THE GOLD MINES, AND WHETHER IN ALL GRANTS IN GENERAL (UNDER THE MEXICAN GOVERNMENT,) OR IN CALIFORNIA IN PARTICULAR, THERE ARE NOT CONDITIONS AND LIMITATIONS, AND WHETHER THERE IS NOT A RESERVATION OF MINES OF GOLD AND SILVER, AND A SIMILAR RESERVATION AS TO QUICK- SILVER AND OTHER MINERALS ?"
There is but one grant that I could learn of which covers any portion of the gold mines. Previous to the occupation of the country by the Americans, the parts now known as The Gold Region, were infested with the wild Indians, and no attempts made to settle there. The grant that I refer to was made by Governor Micheltorena, to Don Juan B. Alvarado, in February, 1844, and is called the Mariposas, being situated on the Mariposas creek, and between the Sierra Nevadas and the river Joaquin, and comprises ten sitios, or leagues square, conceded, as the grant expresses, "in consideration of the public ser-
*Beechy's Narrative of a voyage to the Pacific; London, 1831; appendix p. 562.
197
THE MEXICAN GRANTS.
vices " of the grantee. It was purchased from the grantee (Alvarado) in Feb- ruary, 1847, by Thomas O. Larkin, Esq., for Mr. J. C. Fremont, and is now owned by that gentleman.
The only " conditions or limitations " contained in the grants in California which could affect the validity of the title, are, that in the grants made by some of the governors, a period of time (one year) was fixed, within which the grantees should commence improvements on the grant. In case of failure, however, the grant was not thereby void, but open to denouncement by other persons. This limitation was not contained in such of the grants made in the time of Micheltorena, as I have examined, nor is it prescribed by law. No doubt, however, the condition was fulfilled in most instances where it was inserted, unless in a few cases where the lands conceded were in parts of the country infested by the wild Indians, and its fulfillment consequently impossi- ble. In fact, as far as I understood, it was more customary to occupy the land in anticipation of the grant. The grants were generally for actual (immediate) occupation and use.
I cannot find in the Mexican laws or regulations for colonization, or the granting of lands, anything that looks to a reservation of the mines of gold or silver, quicksilver or other metal or mineral; and there is not any such thing expressed in any of the many grants that came under my inspection. I inquired and examined also, while in Mexico, to this point, and could not learn that such reservations were the practice, either in general or in Califor- nia in particular.
V. "IN ALL LARGE GRANTS, OR GRANTS OF IMPORTANT OR VALUABLE SITES, OR OF MINES, WHETHER OR NOT THEY WERE SURVEYED AND OCCUPIED UNDER THE GOVERNMENT OF SPAIN OR MEXICO, AND WHEN PUBLICITY WAS FIRST GIVEN TO SUCH GRANTS ?"
The first part of this inquiry is already answered, in the statement that, as far as I am aware, there were never any surveys made in the country during its occupation by either of the former governments. Most of the grants, however, were occupied before, or shortly after they were made, and all, as far as I am informed, except where the hostile Indian occupation prevented. In respect of the grants to which I have made any reference, I did not learn that there had been any delay in giving publicity to them.
Having met, sir, as far as in my power, the several inquiries set forth in the letter of instructions you were pleased to honor me with, my attention was turned, as far as they were not already answered, to the more detailed points of examination furnished me, with your approbation, by the Commis- sioner of Public Lands. The very minute information contemplated by those instructions, it would have been impossible, as you justly anticipated, to obtain in the brief time proposed for my absence, even had it been accessible in systematic archives and records. My examination, moreover, was suffi-
198
HISTORY OF MENDOCINO COUNTY, CALIFORNIA.
cient to show me that such minute and exact information on many of the various heads proposed, is not attainable at all; and that the only mode of approximating it must be through such measures as will produce a general registration of written titles, and verbal proof of possession where written titles are wanting, followed or accompanied by a general survey. By such means only can an approximation be made to the minute information sought of the character, extent, position and date, particularly of the old grants in California.
The first branch of the inquiries proposed by the instructions from the Land Office, relate to " grants or claims derived from the Government of Spain."
The chief local authority to grant lands in the province of California was, ex officio, the military commandant, who was likewise governor of the prov- ince; and the principal recipients of grants, officers and soldiers as they retired from service. The grants to the soldiers were principally of lots in and about the presidios (military posts) or the pueblos (villages); to the officers, farms and grazing lands, in addition to such lots.
There were also, at different times, settlers brought from Sonora, and other provinces of New Spain (single men and families), and grants made to them; usually of village lots. and to the principal men, ranchos in addition. The first settlement at San Francisco was thus made; that is, settlers accompanied the expeditions thither, and combined with the military post. The pueblos of San José and Los Angeles were thus formed. The governor made grants to the retired officers under the general colonization laws of Spain, but, as in all the remote provinces, much at his own discretion. He had likewise special authority to encourage the population of the country, by making grants of farming lots to soldiers who should marry the native bred women at the mis- sions. The captains of the presidios were likewise authorized to make grants within the distance of two leagues, measuring to the cardinal points from their respective posts. Hence, the presidios became in fact villages. The Viceroy of New Spain had also of course authority to make grants in Cali- fornia, and sometimes exercised it. It was pursuant to his order that presi- dios, missions, and pueblos, were severally established, and the places for them indicated by the local authority. Under all these authorities, grants were made; strictness of written law required that they should have been made by exact measurements, with written titles, and a record of them kept. In the rude and uncultivated state of the country that then existed, and lands pos- sessing so little value, these formalities were to a great extent disregarded, and if not then altogether disregarded, the evidence of their observance in many cases were lost. It is certain that the measurements even of the grants of village lots, were very unexact and imperfect; and of larger tracts, such as were granted to the principal men, no measurement at all attempted, and even the quantity not always expressed, the sole description often being by a name
Hirum Willits
199
THE MEXICAN GRANTS.
descriptive, in fact or by repute, of the place granted. The law of custom, with the acquiescence of the highest authorities, overcame in these respects, the written law. Written permits and grants were no doubt usually given, but if any systematic records or memoranda of them were kept, they have now disappeared, or I was not able to meet with them. In some cases, but not in all, the originals no doubt still exist in the possession of the descendants of the grantees; indeed, I have been assured there are many old written titles in the country, of which the archives do not contain any trace. But in other cases, no doubt, the titles rested originally only on verbal permits. It was very customary in the Spanish colonies for the principal neighborhood authorities to give permission to occupy and cultivate lands, with the understanding that the party interested would afterward at a convenient occasion obtain his grant from the functionary above. Under these circumstances the grant was seldom refused, but the application for it was very often neglected; the title by permission being entirely good for the purposes of occupation and use, and never questioned by the neighbors. All these titles, whatever their original character, have been respected during the twenty-six or twenty-seven years of Mexican and local government. And whether evidenced now or ever by any written title, they constitute as meritorious and just claims as property is held by in any part of the world. They were, in the first place, the meagre rewards for expatriation, and arduous and hazardous public service in a remote and savage country; they are now the inheritance of the descendants of the first settlers of the country, and who redeemed it from (almost the lowest stage of) barbarism. Abstractly considered, there cannot be any higher title to the soil.
Many of the holders of old grants have taken the precaution to have them renewed with a designation of boundary and quantity, under the forms of the Mexican law; and of these the proper records exist in the archives. To what extent old titles have been thus renewed, could not be ascertained, for the reason that there is no record of the old titles by which to make the com- parison.
The principal difficulty that must attend the separation of the old grants from the public lands, or rather, to ascertain what is public domain and what private property, in the parts where those old grants are situate, is in the loose designation of their limits and extent. The only way that presents itself of avoiding this difficulty, and of doing justice both to the claimant and the government, would seem to be in receiving with respect to the old grants, verbal testimony of occupation and of commonly reputed boundaries, and thereby, with due consideration of the laws and principles on which the grants were made, governing the surveys.
The military commandant or governor had authority, by virtue of his office, to make grants. He had, also, especial authority and direction to do so, in a letter of instructions from the Viceroy, August 17, 1773 and entitled
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