History of the State of California: From the Period of the Conquest by Spain to Her Occupation by the United States of AmericaFrost, John
History
History of the State of California: From the Period of the Conquest by Spain to Her Occupation by the United States of America
Frost, John
California -- Gold discoveries; California -- History
their construction will greatly assist in determining the geological
character of the country. At present nearly all agricultural labors
are suspended in the general scramble for gold; but the enormous
prices paid for fruit and vegetables in the towns will undoubtedly
induce many, during the coming year, to turn their attention to the
cultivation of the soil. The failure on the part of Congress, at its
last session, to authorize the sale of public lands in California, has
proved detrimental to the agricultural interest of the country.
A large number of those who have recently emigrated to California are
desirous to locate themselves permanently in the country, and to
cultivate the soil, but the uncertainty which exists with respect to
the validity of land titles in California, and to what actually
constitutes the public domain, serves as a serious check to the
forming of new agricultural settlements; moreover, speculators are
purchasing up fraudulent and invalid titles to large tracts of the
public domain, and selling them off in parcels, and at enormous
profits, to those who have recently arrived in the country, and who
are necessarily ignorant of the real state of the case. All the
mission lands in California were secularized, or made government
property, by a law of Mexico, dated August 17th, 1833, and the
territorial government of California, under the authority of the
Mexican laws, leased and sold a portion of these lands and mission
property. Another portion of this property, however, still remained
unsold when the Americans took possession of the country, and it has
since been left in the hands of government agents for preservation.
Erroneously supposing that these lands are subject to pre-emption
laws, some of the recent emigrants have attempted to settle upon them.
But I cannot deem myself justifiable in permitting this, for I do not
conceive that lands which have been under cultivation for half a
century, and now belong to government, can be subject to the
pre-emption claims of private individuals, in the same manner as the
uncultivated lands of the public domain. It is, however, important for
the interest of the country that these mission lands be brought into
market with the least possible delay, and also that provision be made
by law for the settlement and sale of other public lands in
California. And as disputes are almost daily occurring between
individuals respecting the extent of their several claims, and the
validity of their titles, I would urge upon our government the
necessity of immediately taking measures for the speedy and final
settlement of these titles upon principles of equity and justice. This
is absolutely essential for the peace and prosperity of the country.
For information connected with this subject, I beg leave to call
attention, to the report of Captain Halleck, Secretary of State for
California, which was forwarded to Washington by my predecessor, in
the early part of April last.
Public-domain text, read in full here on John Shaqi.
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