Page:California Inter Pocula.djvu/411



secured in  the  peaceable  possession  of  what  in  the  be- ginning was his  own.

In deciding  upon  the  validity  of  claims,  the  com- missioners and courts  were  to  be  governed  by  the treaty of  Guadalupe  Hidalgo,  the  laws  of  nations,  the laws, usages,  and  customs  of  the  government  from which the  claim  is  derived,  the  principles  of  equity, and the  decisions  of  the  supreme  court  of  the  United States so  far  as  applicable. A. patent  should  issue  to claimants  for  all  claims  finally  confirmed  ;  those  finally rejected should  be  considered  as  part  of  the  public domain of  the  United  States. Land granted  by  the Mexican authorities  for  the  establishment  of  a  town in existence  on  the  7th  day  of  July,  1846,  and  town, farm, or  pasture  lots  held  under  a  grant  from  a  cor- poration to which  lands  were  granted  for  town  pur- poses, did not  come  under  the  jurisdiction  of  these commissioners ; and  the  fact  of  the  existence  on  the above mentioned  day  of  any  town  or  city  being  duly proved was  prima  facie  evidence,  either  of  a  grant  to the  corporate  authorities  or  to  the  individual,  under which holders  might  claim. It was  the  duty  of  the commissioners to  ascertain  and  report  to  the  secretary of the  interior  the  tenure  by  which  the  mission  lands were held,  and  those  held  by  tame  Indians,  agricul- turalists, rancheros, and  pueblos.

It was  hoped  that  when  California  became  a  state the uncertainty  in  regard  to  land  titles,  which  exer- cised so fatal  an  influence  on  agfriculture  and  settle- ment, would  be  quickly  terminated ;  but  it  was  about a year  after  congress  had  created  a  commission,  whose duration, as  I  have  said,  was  limited  to  three  years, that the  commissioners  presented  themselves  in  Cal- ifornia.

Many of  those  who  emigrated  to  California  were informed, and  undoubtedly  believed,  that  the  vast territory ceded  by  Mexico,  and  whose  beauty  and fertility had  been  so  extolled,  was  at  the  time  of  its cession the  public  property  of  Mexico,  and