USA > California > San Mateo County > History of San Mateo County, California, including its geography, topography, geology, climatography, and description, together with an historical sketch of California; a record of the Mexican grants; the early history and settlement, compiled from the most authentic sources; some of the names of Spanish and American pioneers; legislative history; a record of its cities and towns; biographical sketches of representative men; etc., etc > Part 24
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1. "Being (says Governor Fages) one of the objects of greatest considera- tion, the encouragement of the two pueblos of civilized people, which have been established, the superior government has determined to encourage them with all possible aids, domiciliating in them soldiers who retire from the pre- sidios, and by this means enlarging the settlement.
"2. By the superior order of April 27, 1784, it is ordered that the grains and other produce, which the presidios receive from the inhabitants of the two pueblos, shall be paid for in money, or such goods and effects as the inhabitants have need of.
"3. The distribution of lots of land, and house lots, made with all possible requisite formalities, with designation of town liberties, and other lands for the common advantage, as likewise titles of ownership given to the inhabit- ants, were approved by the Señor Commandante General, the 6th February of the present year of 1784."
There are also records of families being brought at the government expense, from the province of Sonora, specially to people the two pueblos. Both these villages-being thus objects of government favor and encouragement-claim to have been founded with more extensive privileges than the ordinary vil- lage limits; and I have no doubt, from the information I received, that such was the case.
The village of San Jose had a dispute of boundary as early as the year 1800, with the adjoining mission of Santa Clara, and which was referred the following year to the government at Mexico. The fact is noted in the index to California papers in the Mexican archives, but I did not find the corre- sponding record. There is likewise in the book of records marked "1828," in the archives at Monterey, an outline of the boundaries claimed by the pueblo at that time. But at a later period (in 1834, I believe), there was a legisla- tive action upon the subject, in which, as I understand, the boundaries were fully agreed upon. Some documents relating to this settlement are in the
*. Noticias de Nueva California, by the Rev. Father Palou; MSS., Archives of Mexico.
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archives at San José, and also in the territorial archives. My time did not permit me to make a full investigation of the question of those boundaries, nor did I think it necessary, because, at all events, they can only be definitely settled by a survey, the same as private estates. My instructions, however, call for a discrimination between acts done "with legal formalities," and such as are "without legal sanction." It is therefore proper for me to say, that I do not know of any law which would authorize the distribution of town property in California in lots measured by hundreds of acres; such distribu- tion, in fact, would seem rather to defeat the ends for which town grants are authorized by the Spanish law. Perhaps an act to authorize the limits of the town to be ascertained by survey, and to leave the question of the validity of those recent large grants within the limits of the same, to be determined between the holders, and the town in its corporate capacity, would be as just and expedient as any other mode.
In and about the town of Monterey. likewise, there were large concessions, as I understood, and some including the sites of forts and public places, made by the magistrate appointed there after the accession of the American authority. The limits of this town, also, I think, depend on an act of the territorial legis- lature, and may be ascertained by an authorized survey.
The city of Los Angeles is one of the oldest establishments of California, and its prosperity was in the same manner as that of San José, an object of Government interest and encouragement. An Act of the Mexican Congress of May 23, 1835, erected it into a city, and established it as the capital of the territory. The limits which, I understood, are claimed as its town privi- leges, are quite large, but probably no more than it has enjoyed for sixty years, or ever since its foundation. The grants made by this corporation since the cessation of the former Government, have been, as far as I learned, quite in conformity with the Spanish law, in tracts such as were always granted for house lots in the village, and vineyards and gardens without, and in no greater number than the increase of population and the municipal wants required.
- The only provision that seems to be wanting for the pueblo of Los Angeles, is for the survey and definition of its extent, according to its ancient recog- nized limits. The same remark, as far as I have learned, will apply to the remaining towns of the country established under either of the former Gov- ernments.
The remarks made in a previous part of this report in relation to the mis- sions, cover to a good degree the substance of that branch of the inquiries proposed by the Commissioner of the Land Bureau. I have already stated that originally the "mission lands" may be said to have been coextensive with the province, since, nominally, at least, they occupied the whole extent, except the small localities of the presidios, and the part inhabited by the wild
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Indians, whom and whose territory it was their privilege to enter and reduce. Among the papers accompanying this report, is included a transcript of their recorded boundaries, as stated in a record book heretofore noticed. It will be seen from the fact first mentioned of their original occupation of the whole province, and from the vast territories accorded to their occupation, as late as the year 1828, how inconsistent with any considerable peopling of the country would have been any notion of proprietorship in the missionaries.
I am also instructed to "make an inquiry into the nature of the Indian Rights [in the soil], under the Spanish and Mexican governments."
It is a principle constantly laid down in the Spanish colonial laws, that the Indians shall have a right to as much land as they need for their habitations, for tillage, and for pasturage. Where they were already partially settled in communities, sufficient of the land which they occupied was secured them for those purposes .* If they were wild and "scattered in the mountains and wil- dernesses, the policy of the law, and of the instructions impressed on the author- ities of the distant provinces, was to reduce them, establish them in villages, convert them to Christianity, and instruct them in useful employments.+ The province of California was not excepted from the operation of this rule. It was for this purpose especially, that the missions were founded and encour- aged. The instructions heretofore quoted, given to the commandant of Upper California in August, 1773, enjoin on that functionary, that "the reduction of the Indians in proportion as the spiritual conquests advance, shall be one of his principal cares; " that the reduction made, " and as rapidly as it proceeds, it is important for their preservation and augmentation, to congregate them in mission settlements, in order that they may be civilized and led to a rational life;" which (adds the instructions) "is impossible, if they be left to live dis- persed in the mountains."
The early laws were so tender of these rights of the Indians, that they for- bade the allotment of lands to the Spaniards, and especially the rearing of stock, where it might interfere with the tillage of the Indians. Special directions were also given for the selection of lands for the Indian villages, in places suitable for agriculture and having the necessary wood and water.# The lands set apart to them were likewise inalienable, except by the advice and consent of officers of the government, whose duty it was to protect the natives as minors or pupils.§
Agreeably to the theory and spirit of these laws, the Indians in California were always supposed to have a certain property or interest in the missions. The instructions of 1773 authorized, as we have already seen, the command-
* Recopilacion de Indias: laws 7 to 20, tit. 12, book 4.
+ 1b., laws 1 and 9, tit. 3, book 6.
# Law 7, tit. 12 Recop. Indias; ib., laws 8 and 20 tit. 3, book 6.
§ Ib., law 27, tit. 6, book I. Pena y Pena, 1 Practica Forense Mejicana, 248, etc. Alaman, 1 Historia de Mejico, 23-25.
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ant of the province to make grants to the mission Indians of lands of the missions. either in community or individually. But apart from any direct grant, they have been always reckoned to have a right of settlement; and we shall find that all the plans that have been adopted for the secularization of the missions, have contemplated, recognized, and provided for this right. That the plan of Hijar did not recognize or provide for the settlements of Indians, was one of the main objections to it, urged by Governor Figueroa and the territorial deputation. That plan was entirely discomfited; all the successive ones that were carried into partial execution, placed the Indian right of settlement amongst the first objects to be provided for. We may say, there- fore, that, however mal-administration of the law may have destroyed its intent, the law itself has constantly asserted the rights of the Indians to hab- itations and sufficient fields for their support. The law always intended the Indians of the missions-all of them who remained there-to have homes upon the mission grounds. The same, I think, may be said of the large ranchos-most, or all of which, were formerly mission ranchos-and of the Indian settlements or rancherias upon them. I understand the law to be, that wherever Indian settlements are established, and they till the ground, they have a right of occupancy in the land. This right of occupancy, how- ever-at least when on private estates-is not transferable; but whenever the Indians abandon it, the title of the owner becomes perfect. Where there is no private ownership over the settlement, as where the land it occupies have been assigned it by a functionary of the country thereto authorized, there is a process, as before shown, by which the natives may alien their title. I believe these remarks cover the principles of the Spanish law in regard to Indian settlements, as far as they have been applied in California, and are conformable to the customary law that has prevailed there .*
The continued observance of this law, and the exercise of the public authority to protect the Indians in their rights under it, cannot, I think, pro- duce any great inconvenience; while a proper regard for long recognized rights, and a proper sympathy for an unfortunate and unhappy race, would seem to forbid that it should be abrogated, unless for a better. The number of subjugated Indians is now too small, and the lands they occupy too insig- nificant in amount, for their protection, to the extent of the law, to cause any considerable molestation. Besides there are causes at work by which even the present small number is rapidly diminishing; so that any question con- cerning them can be but temporary. In 1834, there were employed in the mission establishments alone the number of thirty thousand six hundred and fifty.+
* Of course, what is here said of the nature of Indian rights, does not refer to titles to lots and farming tracts, which have been granted in ownership to individual Indians by the govern- ment. These, I suppose to be entitled to the same protection as other private property.
+ This is not an estimate, it is an exact statement. The records of the missions were kept
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In 1842, only about eight years after the restraining and compelling hand. of the missionaries had been taken off, their number on the missions had dwindled to four thousand four hundred and fifty, and the process of reduc- tion has been going on as rapidly since.
In the wild and wandering tribes, the Spanish law does not recognize any title whatever to the soil.
It is a common opinion that nearly all of what may be called the coast country-that is, the country west of the Sacramento and San Joaquin val- leys-which lies south of, and including the Sonoma district, has been ceded, and is covered with private grants. If this were the case, it would still leave the extensive valleys of these large rivers and their lateral tributaries, almost intact, and a large extent of territory-from three to four degrees of latitude- at the north, attached to the public domain within the State of California, beside the gold region of unknown extent, along the foot-hills of the Sierra Nevada. But while it may be nominally the case, that the greater part of the coast country referred to is covered with grants, my observation and information convince me that when the country shall be surveyed, after leav- ing to every grantee all that his grant calls for, there will be extensive and valuable tracts remaining. This is explained by the fact that the grants were not made by measurement, but by a loose designation of boundaries, often including a considerably greater extent of land than the quantity expressed in the title; but the grant usually provides that the overplus shall remain to the government. Although, therefore, the surveys, cutting off all above the quantity expressed in the grant, would often interfere with nominal occupa- tion. I think justice would generally be done by that mode to all the inter- ests concerned-the holders of the grants, the Government, and the wants of the population crowding thither. To avoid the possibility of an injustice, however, and to provide for cases where long occupation or peculiar circum- stances may have given parties a title to the extent of their nominal bounda- ries, and above the quantity expressed in their grants, it would be proper to authorize any one who should feel himself aggrieved by this operation of the survey, to bring a suit for the remaindee.
The grants in California, I am bound to say, are mostly perfect titles; that is, the holders possess their property by titles that, under the law which cre- ated them, were equivalent to patents from our Government; and those which are not perfect-that is, which lack some formality, or some evidence of com- pleteness -- have the same equity, as those which are perfect, and were and would have been equally respected under the government which has passed away. Of course, I allude to grants made in good faith, and not to simulated
with system and exactness; every birth, marriage, and death was recorded, and the name of every pupil or neophyte, which is the name by which the mission Indians were known; and from this record, an annual return was made to the government of the precise number of Indians connected with the establishment.
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grants, if there be any such, issued since the persons who made them ceased from their functions in that respect.
I think the state of land titles in that country will allow the public lands to be ascertained, and the private lands set apart by judicious measures, with little difficulty. Any measure calculated to discredit, or cause to be distrusted the general character of the titles there, besides the alarm and anxiety which it would create among the ancient population, and among all present holders of property, would, I believe, also retard the substantial improvement of the country : a title discredited is not destroyed, but every one is afraid to touch it, or at all events to invest labor and money in improvements that rest on a suspected tenure. The holder is afraid to improve; others are afraid to pur- chase, or if they do purchase at its discredited value, willing only to make inconsiderable investments upon it. The titles not called in question (as they certainly for any reason that I could discover do not deserve to be), the pressure of population and the force of circumstances will soon oper- ate to break up the existing large tracts into farms of such extent as the nature of the country will allow of, and the wants of the community require; and this under circumstances and with such assurance of tenure, as will war- rant those substantial improvements that the thrift and prosperity of the country in other respects invite.
I think the rights of the Government will be fully secured, and the inter- ests and permanent prosperity of all classes in that country best consulted, by no other general measure in relation to private property than an authorized survey according to the grants, where the grants are modern, or since the accession of the Mexican government, reserving the overplus; or, according to ancient possession, where it dates from the time of the Spanish govern- ment, and the written evidence of the grant is lost, or does not afford data for the survey. But providing that in any case where, from the opinion of the proper law officer or agent of the Government in the State, or from information in any way received, there may be reason to suppose a grant invalid, the Government (or proper officer of it) may direct a suit to be insti- tuted for its annulment."
In glancing at the head of this chapter, we must ask the reader not to indulge in the vain hope that a full history of the grants comprised within the boundaries of what is known as San Mateo county will be found; such, indeed, would be beyond the limits of this work, even had we at hand the infinity of resources to be found in the many cases which have arisen out of them. Our compilation must of necessity be accepted in its crude form. We have striven to our utmost capacity to procure some information which would combine both usefulness and correctness, and to this end have relied on the knowledge contained in a legal work on whose title page is the legend: "Reports of Land Cases determined in the United States District Court for the Northern District of California. June Term, 1853, to June Term, 1858, inclusive, by Ogden
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Hoffman, District Judge; San Francisco; Numa Hubert, 1862." The first case we find is as follows:
CANADA DEL CORTE DE MADERA .- Santa Clara county (a portion of which is located in San Mateo county), granted in 1833 by José Figueroa to D. Peralta and Maximo Martinez; claim filed August 14, 1852; rejected by the commis- sion October 2, 1855, and confirmed by the District Court April 6, 1858.
SAN ANTONIO, OR EL PESCADERO .- Juan José Gonzales, claimant for San Antonio, or El Pescadero, three-fourth square league, in Santa Cruz county, granted December 24, 1833, by José Figueroa to J. J. Gonzales; claim filed September 11, 1852, confirmed by the commission January 31, 1854, by the District Court October 29, 1855, and decree affirmed by the United States Supreme Court in 22 Howard, 161; containing 3,282.22 acres.
BURI BURI .- José de la Cruz Sanchez et al., claimant for Buri Buri, in San Mateo county, granted September 18, 1835, by José Castro to José Sanchez; claim filed March 9, 1852, confirmed by the commission January 31, 1854, by the District Court October 16, 1855, and appeal dismissed May 11, 1858; containing 15,739.14 acres.
LAS PULGAS .- Maria de la Soledad, Ortega de Arguello, et al., claimants for four square leagues, in San Mateo county, granted December 10, 1835, to Louis Arguello; claim filed January 21, 1852, confirmed by the commission October 2, 1853, by the District Court January 26, 1855, and by the United States Supreme Court in 18 Howard, 539; containing 35,240.47 acres. Pat- ented.
BUTANO .- Manuel Rodriguez, claimant for Butano, one square league in Santa Cruz county, informal grant February 19, 1838, by Juan B. Alvarado, and ratified November 13, 1844, by Manuel Micheltorena to Romana Sanchez; claim filed February 24, 1853, confirmed by the commissioner February 8, 1855, by the District Court November 19, 1856, and appeal dismissed June 12, 1857; containing 3,025.65 acres.
CANADA DE VERDE Y ARROYO DE LA PURISSIMA .- José Antonio Alvisu, claim- ant for Cañada de Verde y Arroyo de la Purissima, two square leagues in Santa Cruz county, granted April, 25, 1838, by Juan B. Alvarado to José Maria Alvisu; claim filed September 22, 1852, confirmed by the commission July 10, 1855, by the District Court March 9, 1857, and decree of confirma- tion affirmed by the United States Supreme Court, 23 Howard, 318; contain- ing 8,905.58 acres.
SAN PEDRO .- Francisco Sanchez, claimant for San Pedro, two square leagues in San Mateo county, granted January 26, 1839, by Juan B. Alvarado to
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Francisco Sanchez; claim filed September 22, 1852, confirmed by the com- mission December 13, 1853, and appeal dismissed March 20, 1857; containing 8,926.46 acres.
SAN GREGORIO .- Salvador Castro, claimant for part of San Gregorio, one square league in Santa Cruz county, granted April 6, 1839, by Juan B. Alvarado to Antonio Buelna; claim filed September 22, 1852, rejected by the commission December 27, 1853, confirmed by the District Court January 14, 1856, and appeal dismissed July 23, 1857; containing 4,439.31 acres. Patented.
CORRAL DE TIERRA .- Tiburcio Vasquez, claimant for Corral de Tierra, one square league in San Mateo county, granted October 5, 1839, by Manuel Jimeno to T. Vasquez; claim filed February 17, 1853, confirmed by the com- missioner August 15, 1854, by the District Court April 18, 1859, and appeal dismissed June 29, 1859; containing 4,436.18 acres.
CANADA DE RAYMUNDO .- Maria Louisa Greer, et al., claimants for Canada de Raymundo, two and a-half by three-quarter leagues, in San Mateo County, granted August 3, 1840, by Juan B. Alvarado to John Copinger; claim filed February 3, 1852, confirmed by the commission November 29, 1853, by the District Court, January 14, 1856, and appeal dismissed November 11, 1856; containing 12,545.01 acres, patented.
ARROYO DE LOS PILARCITOS .- Candelario Miramontes, claimant for Arroyo de los Pilarcitos, one square league in Santa Clara County, granted January 2, 1841, by Juan B. Alvarado to C. Miramontes; claim filed September 22, 1852, confirmed by the commission February 6, 1855, by the District Court Feb- ruary 16, 1857, and appeal dismissed March 31, 1857; containing 4,424.12 acres.
CANADA DE GUADALUPE AND VISITACIO N Y RODEO VIEGO .- Henry R. Payson, claim- ant'for Canada de Guadalupe and Visitacion y Rodeo Viego, two square leagues in San Mateo county, granted July 31, 1841, Juan B. Alvarado to Jacob P. Leese; claim filed March 2, 1853, confirmed by the commission January 30, 1855, by the District Court June 18, 1856, and appeal dismissed April 1, 1857; containing 9,594.90 acres.
PUNTA DEL ANO NUEVO. - Maria Antonio Pico, et al., heirs of Simon Castro claimants for Punta del Año Nuevo, four square leagues in Santa Cruz county, granted May 27, 1842, by Juan B. Alvarado to Simon Castro; claim filed August 31, 1852, confirmed by the commission December 13, 1853, by the District Court December 4, 1856. Appeal dissmissed April 2, 1856; containing 17,763.15 acres. Patented.
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FELIZ RANCHO .- Domingo Feliz, claimant for Feliz Rancho, one square league in San Mateo county, granted May 1, 1844, by Manuel Micheltorena to D. Feliz; claim filed February 17, 1852, confirmed by the commission Jan- uary 27, 1854, by the District Court October 29, 1855, and appeal dismissed November 18, 1856; containing 4,448.27 acres.
THE RANCHO DE SAN MATEO .- W. D. M. Howard, claimant for San Mateo, two square leagues in San Mateo county, granted May 5th or 6th, 1846, by Pio Pico to Cayetano Arenas; claim filed February 7, 1853, confirmed by the commission September 18, 1855, and appeal dismissed April 6, 1857 ; con- taining 6,538.80 acres. Patented.
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HISTORY OF TOWNSHIPS, VILLAGES, ETC.
PESCADERO .- This name suggests -not only to the inhabitants of San Mateo county, but the thousands of tourists who have sought out the romantic and picturesque scenery of the Pacific coast-a spot where nature seemed loth to expose her charms, and slyly hid Pescadero away among the mountains. Here a recess in the coast hills widens into a perfectly level plain of several hundred acres, into which two perennial streams drop down from their weird sources in the dark forests of redwood, and rush out of the narrow gateway to the sea.
Of civilized men, this little valley first attracted the attention of one Gon- zales, a Spaniard, who obtained a grant of it from the Mexican government, called the Rancho de San Antonio, or Pescadero. Perhaps the hundreds of anglers who have decoyed the speckled trout from the Butano and Pescadero creeks have never reflected that the great abundance with which these streams were filled gave rise to the name of the grant and the town. Gonzales came upon the grant with the intention of erecting a permanent residence, but soon after died.
Pescadero is an unincorporated town of about four hundred inhabitants, and surrounded by a farming country of great fertility, which has generally been devoted to dairying and the cultivation of potatoes. Its geographical location is upon the Pescadero creek, about two miles from the sea, and distant thirty-two miles from the county seat, with which it is connected by an excel- lent road ria Woodside, Searsville, Weeks', La Honda, and San Gregorio. This route is traversed by daily stages.
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