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
"It is not known whether the Jesuits who founded the mission, or their
successors the Franciscans, ever did, or do now, hold any title from
the Spanish crown to the lands which they occupied. Nor has any
investigation been made to ascertain how far those titles, if they
ever existed, have been invalidated by the acts of the priests, or the
decrees of the Mexican government.
"A superficial view of the matter would be very apt to lead to the
supposition that the Jesuits, so celebrated for wisdom and cunning,
would not fail to secure that which, at that time, would probably have
been obtained by merely asking for it--a royal decree, granting to
them all the lands they might require in that remote country for
ecclesiastical purposes. There have been some intimations to that
effect, but nothing is distinctly known. These missions embrace within
their limits some of the most valuable lands in the Territory, and it
is very important that it should be ascertained whether they belong to
the Government, or may be justly claimed by individuals.
"Most of the land fit for cultivation, south of latitude 39°, and west
of the valley of the Sacramento and San Joaquin, is claimed under what
purport to be grants from the Mexican government.
"On most of these grants, the minerals and metals are reserved to the
government: conditions were coupled with many of them which have not
been complied with. In others, the boundaries described embrace two or
three times as much land as the grant conveys.
"The Mexican law required all grants made by the provincial
government, with few exceptions, to be confirmed by the supreme
government. The great distance which separated them, and the
unfrequent or difficult means of communication, made a compliance with
the law so expensive and tardy that it came to be almost disregarded.
"There were other causes which led to this neglect.
"Previous to the treaty with Mexico and the immigration of American
citizens to that country, land was not regarded as of much value,
except for grazing purposes. There was room enough for all.
Therefore, the claimants or proprietors did not molest one another, or
inquire into the validity of titles.
"These extensive grants are described by natural boundaries, such as
mountains, bays, and promontories, which, in many instances, might
allow of a variation of several miles in the establishment of a corner
with chain and compass.
"By the treaty of Guadalupe Hidalgo, the United States purchased all
the rights and interests of Mexico to and in California. This purchase
not only embraced all the lands which had not been granted by Mexico,
but all the reserved minerals and metals, and also reversionary rights
which might accrue to Mexico from a want of compliance on the part of
the grantees with the conditions of their grants, _or a want of
perfection in the grants_.
Public-domain text, read in full here on John Shaqi.
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