The New York Herald Newspaper, April 29, 1850, Page 3

from documents which Gen. V: py in the ‘sevahate of Ode gueren, to found seulcmnent te the val FOUN set ent vale Sonoma, < of dey of | “with the object of arresting the progress of the Russian settlements of and gs.” Gen. Vallejo was at that time (1835) ree a ar — Rape nne a: erwards, (in y virtue of a re- volution which occurred in es pear in California, me military commandant of the department— the civil and government being by the @ame act divided—to which office he was confirm ed in 1838 by the supreme government. The extract from Governor Figueroa’s instructions to will show the extent of Gene- Tal Vallejo’s powers, as agent for colonizing the north: ** You are ered to solicit families in all the ‘territory and other States of the Mexican Republic, ia order to colonize the nurthera frontiers, granting jands to Sil pessous who my wish to establis! ‘themselves there, and those grants shall be con- firmed to them by the territorial pcre, whenever the grantees shall apply therefor; the title which they obtain from you serving them in ‘the mean time as a sufficient guarantee, as you are only individual authorized by the superior au- ity to concede lands in the frontier under your . The supreme goverament of. the territory is couvinced that you are the only officer to whom 80 it an ent ise can be entrusted; and in or- der that it may be accomplished in a certain man- ner, it ie oe to defray the necessary expenses to that end. An official letter to General Vallejo from the De- partment of War and Marine, dated at Mexico, 5th August, 1859, expresses approbation of what had rto been done’in establishing the colony, and desire that the settlements should continue to ase “until they should be so strong as to be Tespected not only by the Indiin tribes, but also by the establishments of the foreigners who should at- tempt to invade that valuable region.” I did not find any trace of these documents, or of. aaything concerning Gen. Vallejo’s appointment or @perations, in the government archives. But there no reason to doubt the genuineness of the pa- CC. They do not, however, convey any title to ands, beyond authority to grant, during the time his appointment continued, to actual colonizers.— The xppointinent of Gen. V. seems to have been made by direction of the Supreme (National) Gov- ernment. | had no means of ascertaining how long the appointment lasted, nor to what’ extent its pow- ere were used; but infer, from Vallejo himself ta- Ajinga grant of his rancho of Peteluma, in 1843, that his own autho in that respect, had then ceased. ‘As there are other grants, also, of considerable ex- dent, in the seme neighborhood, embraced in the government a all, of the anay be embraced in the town privileges of Sonoma, Fan which will be noticed herafter,) were con- |, or re-granted to the parties, by the depart- tal government. In this vie jowever, | may mistaken. And I desire to be distinctly under- stood as not intending to throw any doubt or dis- credit on the titles or claims of either of the gen- Fo ae he have gone I had no opportunity a inspecting any grants ¢! may possess, beyon what 1 have stated ; and Liege their fands can be separated from the domain by the process universully requisite—the registration of outstand- ing ts, and their survey. + “Grants or Istanps, Keys, avo Promonto- RIES, POINTS OF IMPORTANCE To THE PUBLIC,” &e. 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 San Joaquin, near the outlet of the bay of San Francisco, and Aleatras (or Bird) Island, com- Manding its entrance—the Key to the Golden Gates. ‘The date of the first named grant is 25th June, 3, 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 ives, I apprehend that most, if not nts made by him, exclusive of what grant isin occupation of the United States troops, ‘or hes property of the United States ugon it, and a part in possession of Mr. Larkin. Alcatras islund was granted in June, 1846, to Mr. Francis P. Teimple, of Los Angelas. The in- a of this point to the government, both for the purpore of fortification and as a proper aioe for u light-house, induced Lieut. Colonel ‘remont, when governor of Culifornia, to contract for the purchase of it on behalf of the United States. verument, it is believed, has never con- ti the purchase, or paid the consideration. This island is v solid rock, of about half a mile in cireumierence, rising out of the sea in front of the inaer extremity of the throat or narrows, which forms the entrance to the bay, and perfectly com- ayade both front and sides.” It mp oy in the line the ig directions for entering the bay,* and conse ‘a light-house upon it is indispensable. The local government had special authority and instructions from ag gee government, under date of 12th July, 1 to grant and distribute Jands in the the desert islands adjacent to that r the grants “p t to be inchoate or fect?” "The grants made in that department un- the Mexican law, all, [ believe, purport to be perfect, except in the respect of requiring ‘ confir- Tati ty the departmental assembly.” The difficulties of determining what ts have not reccived this confirmation have n above ex- lained. Nv. “Iy THERE BE ANY ALLEGED GRANTS OF LANDS COVERING A PORTION OF THE GOLD MINES, AND WHETHER IN ALL GRANTS IN GENERAL, [UNDER uk Mexicas GOVERNMENT,] OR IN CaLTPORNIA IN PARTICULS®, THERE ARE NOT CONDITIONS AND LIMI- ‘TATIONS, 0 WHETHER THERE IS NOT A RESERVA- ‘TION OF MINES OF GOLD AND SILVER, AND A SIMILAR RESERVATION AS TO QUICKSILVER AND OTHER MINE- mans ? There is but one grant that I could learn of, which covers any portion of the gold mines. Pre- vious to the occupation of the country by the Ame- ricans, the parts now known as The Gold Region ‘were infested with the wild Indians, and no at tempts mede to settle there. The grant that I refer to was made by Governor Micheltorena, to Don Juan B. Alvarado, in February, 184, and is called being situated on the Mariposas een the Sierra Nevada and the river Joaquin, and comprises ten s or leagues square, conceded, us the grant expresses, * in consideration of the public services of the grantee. It was pur- Shesed | from the grantee (Alvarado) in pebesiry, for Mr. J. C. 1847, by Thomas O. Larkin, bape Fremout, and is now owned by that The only “conditions or limitations” contained in the greets in California, which coul fect 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 grantee should com- amence iinprovements on the grant. In case of fail- ure, however, the grant was not thereby void, bat open to denouncement by other persons. This limi- tation was not contained in such of the grants made in the time of Micheltorena as I have examined, nor is it prescribed in the law. No doubt, how- ever, 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 fulfilment consequently impossible. In fact, as far as I un- alerstood, it Was imore customary to occupy the land in anticipation of the grant. The grants were generally tor actual (immediate) occupation and tgentieman. “Peesnet find in the Mexiean laws or regulations for colonization, or for the granting of lands, any thing that looks to a reservation of the mines of , or silver, quicksilver, or other metal or mine- yal; and there is any such thing expressed in any of the many ts that came under my inspec- tion. 1 inqwired and examined, also, while in Mexico, to this potat, and could not learn that such reservations were the practice, either in general, or in California in particular. V. “IN ALL LARGE GRANTS, OR GRANTS OF IM PORTANT OR VALUABLE SITES, OR OF MINES, WHETHER OR NOT THLY WERE SURVEYED AND OCCUITED UNDER THK GOVERNMENT or Span on Mexico, AND WHEN VEN To sven GRavrs 1" ¢ first part of this inquiry is already answered in the statement that, as tar as Lam 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 orrupied before or shorily atier they were made, and all, as far as Tam informed, exeept where the hostile Indian oc- cupation prevented. In respect of the grants to which I have made any reference, 1 did not learn that there had been any delay in giving publicity to them. Having met, sir, as far as in my power, the se- veral inquiries set forth in the letter of instructions you were pleased to honor me with, my attention ‘was turned, os far as they were not already an- ewered, to the more detailed points of examination furnished me, with your approbation, by the Com- missioner of Pablic Lands. The very minute in- formation contemplated by those instractions, it would have been i ible, as you justly antici- , to obtain in the brief time for my absence, even had it been accessible in systematic archives and . My examination, moreover, was sufficient to show me that such minute exact information, on many of the various heads propos nable at all; and that the onl mode of approximating it must be through sue! measures os will produce a general registration of written tides, and verbal of possession where written titles are wantil followed or accompa- nied by general survey. "hy such means only can on vmation be made to the minate it tion sought of the character, extent, position, and date, particularly of the old grants in California. The first branch of the inquiries 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 provinee of California was, ex jo, the military commandant, who was likewise ernor of the province; ‘and the ptincipal recipients of grants, of- TPeechy's Nerrative of a voyage to the Pacific: Lon- don, 1851. Appendix, p. 562, Idiers from service. to the wales Were pnp of ots cers, fog and griz- 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 princi- pal men, ranchos in addition. » ‘The first settlement at San Francisco was thus made; that is, settlers accom} the expeditions thither, and combined with the military post. The pueblos of San Jose and Los Angeles were thus formed. The vernor made. ts to the retired officers, under the general ‘colonization laws of Spain, but,as in all the remote provinces, much at his own discretion. He Ce Rega eed to encourage the tion » making grants of homing lots to po cl should marry the native women bred at the missions. The captains of the presidioa were likewise authorized to make gronts within the distance of two leagues mea- suring to the cardinal points, from the respective pa Hence the presidios became, in fact, vil- ages. The Viceroy of New Spain had also, of course, authority to make grants in California, and sometimes e: ised it. It was pursuant to his or- der that presidios, missions, and pueblos were seve- gall ontantiaheds and the places for them indicated by the local authority, Under all these authorities, grants were made; strictness of written law requi- red that they should have been made by exact mea- surements, with written titles, and a record of them kept. In the rude and uncultivated state of the coun- try that then existed, and lands possessing so little value, these formalities were to a great extent dis- regarded; and if not then altogether disregarded, the evidence of their observance in many cases now 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 at- tempted, and even the quantity not always ex- pressed, the sole description often being by a name descriptive, in fact or by repute, of the place grant- ed. ‘The law of custom, With the acquiescence of the highest authorities, overcame, int respects, the written law. Written permits and grants were, No doubt, usually given, but if any systematic re- cords or memoranda of them were kept, they have — i an \; een g a er with them. some cases, but not in all, t! a no doubt still exist in the possession of the de- scendants of the grantees; indeed, I have been as- sured there are many old written titles in the coun- try, of which the archives do not contain any trace. But, in other cases, no doubt, the titles rested ori- nally only on verbal permits. It was very custo- mal in the Spanish colonies, for the principal neig! thorhood 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 seldom refused, but the application for it was very often neglected; the title, by permission, bei: entirely good for the of occupation an 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 writ- ten 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 hazard- ous 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 redeemod 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 designa- tion of boundary and quantity, under the forms of the Mexican law; and of these the proper record exists 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 comparison. The principal difficulty that must attend the se- paration 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 ure situate, is in the loose designation of their limits and extent. The only way that presents itself of avoid. this difficulty, and of doing jusyice 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 conside- ration of the laws and principles on which the grants were made, governing the surveys. The military commandant or governor had autho- rity, by virtue of his office, to make grants. He had also special authority and direction to do so, in a letter of instructions from the Viceroy, 17th Angust, 1773, and entitled Instructions to. be ob- served by the commandant bet to the new es- tablishments of San Diego and Monterey.” These instructions authorized tas already noticed) the al- Jotment of lands to Indians, either in community or individually ; but it is to be understood only of In- dians who should be in charge of the missions, and of the parcels of land within the missioa settle- ments. Article 13 gave the commandant “ equal authority, likewise, to distribute lands to other set- tlers, according to their merit, and conformably to the compilations of laws concerning new conquests and settlemen That is, according to the com- vilation of the * Laws of the Indias,” which we Know make certain provisions of the most liberal character tor the founding and encouragement of new populations. . Subsequently, without abrogating the general colonial laws, a special regulation was adopted, with the royal assent, for the government of the Californias, and making special provision for the settlement of that province, and the encouragement of colonizers. This regulation was drawn in Mon- terey, by Governor Don Felipe Neve, in 1779, and confirmed by a Royal Cedala of Mth October, 1751. Its character and objects are shown in itstitle, namely: “Rules and directions {¢ the Peninsula of Californias, erection of new Mis- and encouragement of the Popul i military. ‘Title fourteen relates to t ie Government and directions for Peoplin After providing liberal bonuses to new settlers, respect of money, cattle, and exemptions from vari duties and burdens, this reguls ‘That the solares (house lots) wh, to the new settlers shalt be designated by the gov- emor, in the places, and with the extent that the tract chosen for the new settlement w low, and in such manner that they shall fon square, with streets, bongeamny to the laws of the kingdom; and by the seme rule shall be desig- nated common lands for the pueblos, with pastur- age and fields for municipal purposes (propios.)— hat each suerte, (ont lot,) both of irngable and unirrigeble land, shall be two hundred varas square; and ct these suertes, four (two watered and two dry) shall be given, with the solare or house lot, in the name of the king, to each settler. These Pules relate to the formation of villa and farming settlements, and are exclusive of the extensive ranchos—farms and grazing lands—allot- ted to persons of larger claims or means, sometimes direct from the viceroy, usually by the local go- vernor. ‘The acts of the Spanish Cortes, in 1813, hereto- fore quoted, may also be referred to as a part of the authority under which grants might be made in Ca- lifornia, during the continuance of the Spanish go- vernment, prior to the colonization laws of Mexico, and afterwards, indeed, as far as not sn- perseded by those la’ second point of inquiry in the instructions fur- nished me, from the Land Oflice, relating to — made under the Mexivan government, is already met, in most ts, as far as was in my power to meet it, in the early part of this report. The “authority of the granting officers, and their rs for alienating the national domain,” were derived rom Lopes y by the central government, and from general ization laws and regulations of the republic. There is little room for diserimi- i ween such as are perfect titles and such * A grant by the ter- orial (or departmental) governors, within the ex- tent of eleven srfros, constituted a valid title, and, with the approbration of the departmental assem- bly, a perfertone. After the Governor's concession, however, it conld not, with jety, be termed merely inceptive; for, in fact, it Was complete the legislature should refuse its approbation then it would be the duty of the Governor to for the claimant to the supreme government. [am not aware that a case of this kind arose. The diffi- culties, already explained, of ascertaining to what grants the legislative approbation was accorded, and from whatit was withheld; the impossibility, in fact, of ascertaining in many cases, coupled wiih the fact that that approbation was so sellom re- fused, and that the party had still an appeal in case of refusal, would seem to render that provision of the law of those grants nugatory as a test of their merits. ‘The third inquiry, touching ‘‘granta made about the time of the revolutionary movements in Califor. eay in the months of June and July, 1816," is swered in what is said concerning the ac- tual condition of the missions, and the grants of Fort Joaquin, at the mouth, and Aleatras island, inside the entrance of the bay of San _Vranciseo. In addition to these, the island of San Clemente, I understood, was about that time—say in May, 1846. I found nothing in the archives con- cerning it. Ido not think there were other grants to attract particular attention, except the proposer! great ot contract, of which the in the State Department, printed in the Congressional docu- | ments, In the branch of the last mentioned in- | quiry, namely, concerning any “grants made sub- | sequent to the war,” I the intent is, grants, | ifany, made after the reduction of the country by the arms of the United States. There are, of course, no Mexican grants, or grants by the Mexican thorities, which purport to have issued — = to that time. The ing must relate, there- , either to simulated grants, by per- sons poeenly ty) authority there, i a whatever may have been done, in respect to lomain, or Laer the American authorities. It is Believed in the country Arey are some sim —_ in existence; ‘that is, some papers purporting to grants, which have ‘been issued since the eessation of the Mexican government, by persons who for- merly, at difierent times, had the faculty of maki og in that country. It would im; - , however, to make a list of them, with the par- ticulars enumerated in the instructions; for, if there be any such, they would, of course, not be sub- mitted for public inspection, or in any way seek the light. But I believe it would not be difficult for a person skilled in the arnt in that country, und acquainted with the are! » and the various facts to be gathered from them, to detect any simu- tated paper that might be thus issued after the per- son issuing it had ceased from his office. The test, however, would necessarily have to be to each case as it rose. No general rule, | believe, can be laid down. Recurring, then, to the other oa which I sup- jiry to relate to. The most conside- lecting the domain, had subsequent to the accession of the American authorities in Cali- fornia, was a ‘decree” made by General Kearny, under date of 10th March, 1847, as follows:— “1, Brigadier General 8S. W. Kearny, Governor of California, by virtue of authority in me vested, by the Piesident of the United States of America, do hereby grant, convey and release unto the town of San Francisco, the people or corporate authori- ties thereof, all the right, title, and interest of the ment of the United States, and of the Terri- tory of California, in and to the beach and water lots on the éast front of said town of San Francisco, included between the points known as the Rincon and Fort Montgomery, excepting such lots as may be-selected for the use of the United States Govern- ment by the senior officers of the army and nawy now there ; provided the said ground pera ceded shall be divided into lots, and sold by public auc$ tion to the be oe bidder, after three months no- tice previously given ; the proceeds of said sale to be for the benefit of the town of San Francisco.” Pursuant to the terms of this T, What are termed “government reservations” were made, both within and outside the limits specified, and the remainder of the lots designated have been since in great part sold by the town of San Francisco. ‘These lots extend into the shallow water along the beach a pee and are ve! epee and requisite for the business purposes of that growing city. The number of four hundred and forty-four of them were sold in the summer ensuing the ‘“‘de- cree,” and in December last, I have learned since my return, the remainder, or a large portion of them, were di dof by the corporation. But little public use has been made of what are denom- inated the “government reservations.” Portions of them are reputed to be covered by old grants ; portions have been’settled on and occupied by way of pre-emption, and other portions, particularly “Rincon Point,” have been rented out, as | am in- formed, to individuals, by the late military govern- ment. Under the above “decree” of General Kearny, and the consequent acts of the authorities of San Francisco, such multiplied, diversified, and import- ant private interests have arisen, that, at this late day, no good, but immense mischief, would result from disturbing them. The city has derived a large amount of revenue from the sale of the lots; the lots have been resold, and transferred in every va- riety of wot and passed through many hands, and on many of them costly and permanent improve- ments have been prade--tmoroxemments required by the business and wants of the community, and which ought to give the makers of them an equit- able interest in the land, even without the faith of the government implied my leaving the act of its eid so long unquestioned. An act of Congress, relinquishing thus, in the lawful mode, the interest of the United States in those beach and water lots, would seem to be only an act of justice to the city and to the lot holders, and to be necessary to give that validity and confidence that ought to attach to property of such great value and commercial im- portance. in regard to the “ governmental reservations,” so called, where they may be in private hands, whether under a former grant, or by occupancy and improvement, the same equity would seem to call for at least a pre-emption right to be allowed the holders, except for such small parts as may be ac- tually required for actual uses. In regard to the wong known as “Clark’s Point,” and the “Rincon Point,” which are outside of the land embraced in it General Kearny’s decree, and portions of which is understood have been put in the hands of rentees, perhaps the most equitable use that could be made of them, (except, as before, the parts needed for public uses,) would be to relinquish them to the rity, to be sold as the beach and water lots have with due regard, at the same time, to ri vulng from valuable improvements that y have been made upon them, but repressing a mono- poly of property so extensive and valuable, and so necessary to the improvement, business, and growth of the city. Other operations in lands which had not been re- duced to private property at the time of the cessa- tion of the former government, have taken place in and about different towns and villages, by the al- caldes and other municipel authorities continuing to make grants of lots and outlots, more or less according to the mode of the former government. This, | understand, has been done, under the sup- position of a right to the lands granted, existing in the respective towns as corporations. ransactions of this nature have been toa very large extent at San Francisco; several bundred, in lots of fifty varas square, and outlots of one hundred varas square, have been thus disposed of, by the successive al- caldes of the place since the occupation of it by the American forces, both those appointed by the naval and military commanders, and those subsequently chosen by the inhabitants. It is undoubtedly conformable to the Spanish co- Tonial laws, that when villages were to be esta- blished, there should be liberal allotments to the first settlers, with commons for general use, and municipal lands (preptos) for the support and ex. tension of the place—that is, to be rented, or other wise transferred, subject to a t and that the principal magistrate, in conjunction with the ayun- tamiento, or town council, should have the dispo- sul of thove town liberties, under the restrictions of law, for the benefit of the place; and the same was the ‘practice in California, under the Mexican go- vernment. It is not always so easy to determine within what limits this authority might be exer- cised; but, in new communi? whether the set- tlement was founded by an empresario (contractor), or by the government, the allotments were always on @ liberal scale, both for the individnals and the village. A very early law (law 6, 5 ¥ Recop. de Indias) fixes “ four leagues of limits and land (de termino y territorie), in_ square or pro- longed, according to the re of the tract,” for lement of thirty famili ind | suppose this small a tract as has been usually set apart for village uses and liberties, under the Spanish or Mexican government in New Spain; sometimes much more extensive privileges have no doubt been granted. The instructions of 1773 to the com- mendant of the new poets, authorizes pueblos to be formed, without specifying their limite, which would of course bring them under the general law of four lea, . The royal regulation of 1781, for the Californias, Mrects suitable municipal allotments to be made, “ conformable to the law;” and this likewise must refer to the law specifying four leeques square ‘The letter of instructions of 1791, anthorizing the ceptains of presidios to make grants in the neigh- Lorhood of their respective posts, specifies the same quantity, to wit, “the extent of four common leagues, measured from the centre of the Presidio square, two leagues in each direction, as sufficient for the new pueblos to be formed under the protec- tion of the presidios.”” The Mexican lawe, as far as ] am aware, make no change in this rule; and the colonization regu- lations of 1828 provide (art. 13) that “the reunion of many families into a town shall follow in its for- mation, policy, &c., the rule established by the ex- laws for the other towns of the republic.” F all these, and other acts which might be quoted, it would seem that where no special grant hed been made, or limits assigned to a vill the commen extent of four leagues would apply to it; it being understood, however, as the same law ex- presses, that the allotment should not interfere with the rights of other parties. The Dre: Uements, under the order of 1791, were certainly entitled to their four leagues; the right of making rants Within the some only traneferred from the *residio captain to the municipal authorities who sueceeded him, as is conformable to Spanish and Mexican law end custom. This was the case under the Spenish government; and I am not aware that the principle has been ¢ though no doubt grants have been made to Juals which infringed on such village limite. The territorial deputation of California, however, by an act of 6th August, 1834, directed that the ayuntamientos of the pueblos should ‘‘ make application for common end municipal lends (¢jidos y propics) to be as- signed them.” Wherever it shall appear thet this wes done, the town, | suppose, could only now claim what was then set apart for it. Wherg it was omitted or neglected, custom, reputed limits, and the old law, would seem to be a safe rule As to the point now under consideration, that of Sen Franeisco, | find that in the acts of the Depert- mental authorities, the settlements in end about the presidio were styled “the pueblo of San Francisco,” and the particular place where the village princi- »ally was and the city now is, “the point of Yerba juena.”’ The local authorities, as its alcalde or jns- tice of the peace, were termed thoes of the pueblo of San Francisco. Its privileges were not, therefore, et any time limited to the point of Yerba Buena. Originally. a it had ries in common with the mission of Delores, whieh would restrict it in its four leagues; but after the conversion of the a , the jurisdiction of the autho- ot Bas given to its at the mission. F or neck of land, lying between the bay and ‘sea, increasing in breadth, in a southerly ptr tion. A measurement of four leagues south from the presidio would give the city, in the present ad- vanced value of property, a ficent corporate domain, but not so much as was fairly assignable to the precincts of the presidio under the order of 1791, blos are entitled to un- neral laws of the Indias. There are pri- ts, however, arieting within those limits, apart from any grants of the village authorities, which ought to be respected ; some through grants from the former government; some by locatiou and improvement, a claim both under our own law and eustom, and under the Spanish law, en- titled to ct. To avoid the confusion—the destruction—that would grow out of disturbing the multiplied and vast interests that have arisen un- der the acts of the American authorities at San Francisco ; to give the city what she would cer- tainly have been entitled to by the terms of the old law, what she would need for the public improve- ments and adornments that her future population will rons ire, and what is well due to the enterprise which has founded, in 80 brief a space, a great me- trepolis in that remote region, perhaps no better or juster measure could be suggested, than a confirm- ation of past acts, a release of government claims, to the extent of four leagues, measuring south from the presidio, and including all between sea and bay, with suitable provision for protecting private rights, whether under old grants or by recent improve- ments, and reserving such sites as the government uses may ban : - authorities of the village of San José, there H By the have been still larger operations in the lands be- longing, or sy to belong, to the liberties of that town. outlands there, as I learned, have been distributed in tracts of three to five hundred acres, The patie of San José was founded 7th Novem- ber, 1777, by order of Felipe de Neve, then military commandant and vernor. The first settlers were nine soldiers and five laboring men or farmers, who went thither with cattle, tools, d&c., from San Francisco, where had been established, the year be- fore, by order of the Viceroy, the presidio and the mission of Dolores. Those persons took posses- sion, and made their settlement, “in the name of his Meg oe mark ut the square for the eree- tion of the houses, Sistribating the solares, (house- lots,) and meesuring to each settler a piece of ound, for the sowing of a fanega of maize, (two hundred varas by four hundred,) and tor beans and other vegetables.* Subsequently, the regulation of 1781, allowing to the new settlers each four lots of two hundred varas square, besides their house-lots, was no doubt applied to this village. It was de- signed for an Ca xe settlement, and, together with the pueblo of the south, (Los Angeles,) re- ceived constantly the favor and encouragement of the government, with the view of having sufficient agricultural produce raised for the supply of the military posts. Both villages are situated in fertile Jains, selected for their sites with that object. In a report or information made by the Governor, Lon Pedro Fages, in February, 1791, to his succes- sor, Governor Romeu, the encouragement of the two pueblos is the first topic referred “1. Being (says Governor Fages) one of the ob- jects of greatest consideration, the encouragement of the two pueblos, of civilized people, which have been established, the superior government has de- termined to encourage them with all possible aids, domiciliating in them the soldiers who retire from the presidios, and by this means enlarging the set- tlement, “2. By the superior order of 27th April, 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 inhabitants, approved by the jor Commandante G e 6th of February, of the present year of ‘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 bon ar of government favor and encouragement—claim to have been founded with more extensive privileges than the ordinary village limits; and | have no doubt, from the information I received, that such was the case. ‘The village of San José had a dispute of bounda- ry, a8 early as the year 1800, with the adjoining mission of Santa Clara, and which was rred the following year to the government at Me The fact is noied in the index to California papers in the Mexican archives, but | did not find the corres- ponding record. There is likewise i records, marked “1828,” in the arch terey, an outline of the boundaries c! pueblo at that time. But at a later period (in 1834, believe,) there was a legislative action upon the subject, in which 1 unde boundaries were folly agree lating to this set San Jose, and also time did not the territorial archives. permit me to make a fall invest- ation of the question of those boundaries, nor did f think it necessary, because, at all events, they can only be definitely settled by a survey, the My same as private estates. My instructions, how- ever, call for a discrimination between acts done “with legal formalities,” and such as are “without legal sanction.” Jt is therefore proper for me to say, that 1 do not know of any law which would authorize the distribution of town property in Cali- fornia, in lots measured by handrede of acres; such distribution, in fact, would seem rather to defeat the ends for which town grants are authorized by the Spanish law. Perheps 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 lorge 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 expe- dient as any other mode. In and about the town of Monterey, likewise, there were la concessions, a8 | understood, and some including the sites of forts and public places, made by the magistrate appointed then after the accession of the American authority. limits of this town, aleo, I think, depend on an act of the territorial legisla and may be ascertained by an authorized The city of Los Angeles is one of the oldest es tal ments of California, and its prosperity was, in the same manner as that of San Jose, an objec of government interest and encouragement. act of the Mexican Congress, of Zid May. erected it into a city, and established it as’ tl pital of theterritory. The limits which, | stood, are claimed as its town privileges, are quite large, but probably no mot sixty years, or ever si grants made by this corpora of the former governm learned, quite in conform in tracts such as were Jote in the village, and v out, and in no greater number then the increase of tion and the municipal wants required popula! 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 re- ised limite. The same ork, as far as | have ed, Will apply to the remaining towns of the country. established under either of the former gov- ernments. The remarks made ina previous part of this re- port, in relation to the missions, cover, te a good « gree, the substance of that branch of the inquiri srepesed by the Commissioner of the land Bureau. have already stated that, originally, the “mission lands” may be said to have been coextensive with the province, since, nominally, at least, they occu- pied the whole extent, except the small localities of the Presidios, and the part inhabited by the wild Indians, whom and whose territory ii was their privilege to enter and reduce Among the papers accompanying this report, is included a transeript of thetr recorted boundaries, as stated in a record book heretofore noticed. It will be seen from the fact firet mentioned, of their original occupation of vast territories the whole provinee, and from t accorded to their occupation, 1828, how inconsistent with eny pling of the country would have bad eh gay 2 in the mise am also instructed to * wiry into the nature of the Indian Righ il} under the Syanish and Me It is antly laid dewn in the Spanish t the Indians shall have a hey need for their habita- tions, for tillage, and for pastnrage. Where they were already partially settled in communit ficient of the land which they occupied wae them for those purposes.¢ [f they were wil right to rcatiered in the mountains and wildernesses, the policy of the law, and of the imstractions impressed on the authorities of the distant provinces, was to reduce them, establish them in villages, convert them to Christianity, and instruct them in usefal ciple mente. The province of California was net excepted from the operation of this rule. It wes for this purpose especially, thet the missions were founded and encouraged. The instructions heretofore quoted, given to the commandant of Upper California, in August, 1773, enjoin on that functionary, that “the redaction of the Indians, in Toportion asthe sprituel conquests advance, shall pe one of his principal eares;” that the redaction mede, “and as rai ly a8 it proceeds, it is impor: tent for their preservation and augmentation to congregate them in mission settlements, in order that they mey he civilized and led toa rational life: which (odds the instructions) ‘‘is impossible, if they be left to live dispersed in the mountains.” * Noticias de Nueva California, by the Rev, Father Palow; MSS. Archives of Mexico { Reeopiincion de Indias; laws 7 to 2, tit, 12 bk. 4 { 1b. laws } end 9, tit, 3. bk 6 0 Was extended, and special The the of the Indians. Special direction was also given for the selection of lands for the Indian villages, in places euitable for agriculture, and have the neces- sary wood and water.* The lands set apart to them were likewise inalienable, except by the ad- vice and consent of officers of the government, whose duty it was to protect the natives as miners or pupils. eeably to the theory and spirit of these law: eiceatl in{California were always supposed rd have a certain property or interest in the missions. ‘The instructions of 1773 authorized, as we have al- ready seen, the commandant of the province to make grants to the mission Indians of lands of the missions, either in community or inc But apart from eny dyeet grant, they hav ways reckoned to have a right of sett we shall find that all the plans that ha’ adopted for the secularization of the missions, have conmrrcnaiees recognised, and provided for this right. ‘That the plan of Hijar did not recognise 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, therefore, that, however mal-administration of the law may have de- stroyed its intent, the law itself has constantly as- serted the rights of the Indians to habitations, 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 mis- siongrounds. The same, | 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 Hane of occupancy in the land which they need and use ; and whenever a grant is made which includes such settlements, the grant is subject to such occupancy. This right of occupancy, however—at least when on private estates—is not transferable ; but when- ever the Indians abandon it, the title of the owner becomes perfect. Where there is no private owner- ship over the settlement, as where the lands it_oc- cupies 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, are conformable to the customary law that has pre- vailed there. The continued observance of this law, and the exercise of the public authority to protect the In- dians in their rights under it, cannot, I think, pro- duce any great inconvenience ; while a proper re- gard for long-recognised rights, and a proper sym pathy 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 in- | significant in amount, for their protection, to the extent of the law, to cause any considerable mo- lestation. which even the present small number is rapidly | diminishing ; so that any question concerning them ean be but temporary. In 1834, there were employed in the mission establishments alone the number 30,650.§ 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 4,450; and the pro- cess of reduction has been going on as rapidly since. In the wild or wandering tribes, the Spanish law does not recognise any title whatever to the soil. tis acommon opinion, that nearly all of what may be called the coast country—that is, the coun- try west of Sacramento and Joaquin valleys—which liés 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 exten- sive valleys of those large rivers and their lateral tributaries almost intact, and a large extent of ter- ritory—from three to four degrees of latitude—at the north, attached to the public domain, within the State of California, beside the gold region, o} unknown extent, along the foot-hills of the Sierra Nevada. But while it y be nominally the case, that the greater par e Coast country referred to is covered with grants, my observation and in- formation convince me, that when the country shall have Leen surveyed, after leaving to every grantee all that his grant calls for, there will be extensive and valuable tracts renmining. This is explained by the fact that the grants were not made by mea- surement, but by a loose designation of boundaries, often including a considerably greater extent. of land than t uantity expressed in the title ; but th rant usually provides that the overplus shall ren to the government. Although, therefore, the surveys, cutting off all above t y pressed int muld often i minal eccupation, | e by that m avoid t to provid jong Occupation oF px ve given partie al bou r grauts, it one who should jon of the sur- t titles—that is, the holders possess y by titles that, under the law which were equivalent to patents from our id those which are not perfect—that s, Which lack some formelity or some evidence of completeness—have the same egnily as those which are perfect, and were and would have been equally respected under the government which has passed away. Of course | Allude to grants made in good faith, and not to simulated grants, if there be any such, issued since the persons who make 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 ascerty the private lands set apart, by judicious 1 with little diffiewlty, Any measw mlentoted to discredit, or cause to be distrusted, thy racter of the titles there, besides the alarm and anx- iety which it would er rong the ancient po- on }, and among all present holders of property, would, 1 believe, also rd the substantial inn- provement of the country : a title discredited is not destroyed, but every one is afruid to touch it, or at all events to invest labor and money in improve ments that rest on a suspected tenure he holder is afraid to improve ; others are afrard to + arclase, or if they do purchase at its discredited v ing only to make inconsiderable investments it. The titles not called in question, (as they cer- for any reason whieh | cow rate to of such rye tracts into farm break wp the exis h { the country will ystantial improve- ity of the country in other respects invit I think the rights of the goveranie secured, and the interests and per ity of all classes in thy no other general me property than an author the grants, where the gre the accession of the Mexica ing the overplus; or, secording to enctent posses sion, Where it detes from the time ofthe Spanish governinent, and the written evidence ef the grant is lost, or dees not eflord data for the survey. Bat providing thet in jon of the proper law officer or agent of the govern- ment in the State, or frem mation in any way there mey be rea pose a grant he government officer of it) may direct a suit to be metituted for ite anneal ment It is proper for me to cay, that at Monterey, Gen. Riley, in che f the government, promptly directed the erehives 1 to my inspection, and that in } ico my application, made by Mr. Walsh, charge d'affaires of the United States, to be allowed to examine t Mexicon archives, was courteously received and acceded to by Mr. de La- cunza, the Minister of the Interior aud Foreign Re- lations. 1 received, also, from Col. Geary, prine pal magistrate of Sen Fran wousual facili for ecquainting myself with the pepers in his office relating to that city Very respectfully, «ir, your obedie » Ww. Ca Wasmserox, 9th Mareh, 1950. Law 7, tit, 12, Reeop. tm She, 6. t tb. law 27. tit. 6 bk OT Porenre. Mejicama. 248. &e ih, laws § wind 2, tit Pein y Veta, 1 Practicn Alaman, | Historia de Me- the nature of T titled to the seme protection as perty ef ie not an cefimete. it ie an exact statement of the mixstons were Kept with aystem and every birth. marriage mod death was re- the name of every pupil or neophyte. which ne- ded. and is the name by which the mieston Tndians were know: and from this record ap annual return was made to the covermment of the precise number of Indians con- neeted with the extablishmens Free Ponts or New Bavyswicx.—The St. John Now Brunswicker, of the 23d instant, says:—A pro- clanmtion in the lat Gazette announces that the free : Brit he admission Colonia Dathovsie, Bathurst, Caraquette, Shediac. early laws were so tender of haan ts of Indians, that they forbade the etfotiteat of principal magistrate’ to t'} lands to the Spaniards, and especii aring ia Pranciaos is aiteated'on a | of stock, where it might tatoo ik tee th Besides, there are causes at work by | y re, Wille | ee this Province are constituted bucto, Cyst Sailt Blopoe Boime Gieotee, of State to communicate formation or partioniary, 98 knowledge, respecting the detention, and barbarous treatment by the Japanese, and vincial authorities, of American who have the misfortune to be shipwrecked on the coasts of Japan and its dependencies, which are now frequented by a large American w! in the peaceful pursuit of their lawful ente: also, “such recent and reliable information in possession of the Department of State, as relates to the independent oriental nations and t capal ties for a profitable Americen commerce;” and also to report, ** whether the treaty between the United States and his majesty the King of Siam of the 20th | March, 1588, has not been violated by the king, in | the monopoly, by his majesty, of the trade in several of the staple products of that country, and whieh May require the intervention of our government;”” the Secretary of State has the honor to transmit to that body th companying documents, which con- tain all th mation Which appears to be called for by the resolution, The first portion of these respondence furnished chief ment, and re to the barbarous treatment, by the Japanese, crews of the American Whaling ships Lawrence and Ladoga, ‘he second portion comprises a series of valua- ble documents, compiled with great research and industry by Aaron H. Palnier, Esq., of New Yorky and communieated, at diflerent periods, by him, to the Depa rene of State; the whole accompanied by a chart of the principal maritime countries of the East. These papers, it is believed, will be found to contain a great amount of useful recent informa- tion respecting the ‘independent oriental nations, and their capabil for a profitable American commerce.” In addition to these documents, the Secretary of State has the honor to submit a copy of portions of the ecrreapondennn of Messrs. Everett, Parker, Davis, and Roberts, relating to China and apan. ‘he third portion consists of the Ne piny mony of Joseph Balestier, Esq., United States Consul for Singapore, who is now in the East, in the capacity of special Diplomatic Agent of the United States to Cochin China and other portions of southeastern Asia, und who, it will be seen, has received special instructions respecting our relations with Siam. this connect reference is made to Mr. Palmer’s paper on ‘ No. 10, on the subject of our treaty with that kingdom. In view of the important information presented in the accompanying documents, and the commer- cial and political interests now existing in conse uence of the extension of our possessions on the Pacific, the Secretary of State would respectfully suggest the expediency of placing the consulate at Singapore—an important station to our naval commercial marine—upon a higher and_ better footing than it is at present. This consulate, for many reasons, deserves to be supported ¥.' com- etent salary. The annual fees of the Consul at ingapore have averaged, for the last. fourteen ears, during which Mr. Balestier has filled that office, a sum varying from $25 to $50 per annum. In all that period, he has discharged the consalar functions with great honor to himself and advan- | tage to his country—advancing the interests of the United States, and dispensing a generous hospi- tality from his private resources. The documents herewith submitted will also | illustrate the importance of a special mission to such oriental nations as are not embraced by the instructions to Mr, Balestier, for the purpose of opening commertial intercourse with them, and of | raising the grade of our mission to China to one of ! a higher class, with the rank of Envoy Extraordi- | neppene Minister Plenipotentiary. | . These changes are, it is conceived, demanded by | the prospect of an increased commercial intercourse | with the eastern portion of the world. All of which is respectfully subinitted. Joux M. Clayton. may have come to his papers consists of cor- by the Navy Depart- The Haman Brato, (from the Philadelphia American and (Gazette | ‘The question whether the intellectual faculties have any dependence upon, or bear any proportion to, the relative weight and magnitude of the brain, is one that has sont engaged the attention of phi- losophers, without, however, having been in an degree satisfactorily decided.’ The notion of suel dependence and such relation, however, is an ex- tremely common—and therefore, doubtless, a very pote one; it is proverbial to say of a man of great mind that he has a big head, and of a weak man that he has a small one; and when we hear of the brain of such a savant as the celebrated Cuvier having been found to weigh some half a pound more than the average of ordinary brains, and re- member how diminutive those of idiots often are, we feel slmost that the point is setiled, and the the- ory established as a law of nature. General obser- vations, however, are not so favorable to the hy- pothesis as isolated ones; and the further the seru- tiny is carried, ond the more exactly the experi- ts ere performed, the greater appears to be the y of ascerteining any precise rule on the eubject. ‘This, itseems to us, isshown very clearly by the researches of our distinguished townsman, lir. 8... Morton, who has taken the lead of all physiologists in the preetieal study of the haman skull, particularly in regard to i Lyi cious the svin of ¢ knowlec wide reputation, which never better because never more laboriously earned. resulis which are some of them are in opp ‘onceived — and to the supposed rule of relation. hus the general fret is (ue that there is a ditter- ence in the size of the brains of the dill traces of men, the most cultivated races hav | brains then the uncultivated. The family, for exe: e brains averaging pa- | city of 92 cubs while those of the Hotten- tots and Alforians only average 75, The Chinese re of SB; the aborigi Ame’ jon to all this we have the & sible eh | brains then th ‘This is eo far tr the desert now | while the old | mids, had b dering f North Am * Diggers, Devils,” they are vari tains, rise t« who were worshipping ia encient Peruvians and M civilized, dwelling in cit temples, had but 75 and 79 inches. ‘There are other facts, which appear from these tables, of an equally curious character. Dr. Mor- ton divides the modern Cagcesian group into six fomilies, of which the first in order, a8 in brat the tonic femily, rep mans, English, and Anglo-Americar the first and last named run ap to 9) cubic inches, while the Engiish exceed both t » less than two eubie inches. Couns will, perhaps, exult at his fancied superiority; and Jonathy end feel indignant. Neither, ho | precipitate. There is another and still more tmelous fact exhili suggest equanimity and esavon; which the native Afii ages though they be a similar excess of one cubic inch of bran their civilized rendants in the Un former stance at an average of 53, the of 82 cubic inc hese are f wholly irreconcilable with the f the intellectual powers being proportioned of the brain. We hav ery reason to know that neither the English aor the African race has degenerated in any y, physically or intel- lectually, in the new world The experiments of Dr. Mor ascertain the eubi : 1) an ~ i in thee tables, which will gists atter the tables, a8 ¢ that the tthen that the bedy; and well as in relative w his N course, de By a table (take ) in Prof. Dunglivon’s w Gy, it appears thet the b old, equals b22d port « | L86th pert. Uniackily | thongh some of the monkey # } h part, othe slorge in pr | The game cock end dolphhi ni close on the lord of creation’s heel, their by being 1-25th part the weight of their bodies | lietle canary bird, however, beats man and woubey, dolphin and game cock, ite bmin weighing only Lith; while he, in turn, retires in disgra fore the insignificent homming-bird, whose brain ex pands to the immensity 1-Tith of his whole weight --as Dr. D. informs us, on the anthority of the Inte Ww find, from this table, # val; «0 is the bear and the rabbit, the ox, the President Madison the bat is a respecte bh the hedgehog, the m sheep, the donkey, the goose, and the digai 4 creature that furnishes us Virginia hems and a oil; for they all come before, having bigger hr 5 in proportion than the horse #nd baat mong HL Mt which, however, have note intelligence than Att the others put together. With these examples 5 fore we, we shull cease to wonder Te S events, to lament—the degeneration © North America. ie Surerw pty Staves, April 5.—No pe ig em ee im - ~ the or and for the defemdeat