HISTORY OF YUBA COUNTY CALIFORNIA
by Thompson & West, 1879, with illustrations
Chapter XLI - Lands and Titles
The Spaniards claimed the lands in California by virtue of discovery and first occupation, and, as in the discovery of American, the Aborigines were considered as having no absolute title or right which could be conveyed by gift or sale. To the early locators, Spain transferred her interest by grants, being lavish in the extent of her donations. In 1822, when Mexico threw off the yoke of Spanish rule and declared herself an independent empire, the right of giving grants was also claimed. At the conclusion of the Mexican war, and after the treaty of Gaudalupe <sic> Hidalgo had been signed and ratified, early in 1848, the right to public lands in California passed to the United States government, with the provision that the then existing titles of private individuals and incorporations should not be disturbed, and all grants heretofore derived through the Mexican or Spanish authorities, should be respected. The grants given to these early locators were for a definite number of leagues in some valley and allowed the grantee to place his title over any portion of the tract. Little surveying was done, and even that was extremely simple and inaccurate. When the population came rushing in after the discovery of gold, nearly all of the best lands in the State seemed to have been covered by these grants, but the Americans did not deem these claims to be wholly valid, and so located at different points, claiming the land as belonging to the government. Many purchased titles from the existing claimants rather than place themselves in positions to enter long and expensive litigation. The following extract from the Annals of San Francisco, is an explanation of the troubles which beset the landholders.
"San Francisco, October, 13, 1853.
The most important decision ever given by the Supreme Court of California was announced to-day, in the case of Cohas vs. Rosin & Legris. Previous decisions, both of this and the lower legal tribunals, had established principles which unsettled the city titles to nearly every lot of ground within the municipal boundaries, and mightily encouraged squatterism. By these decisions, one title had just seemed as good or as bad as another; possession being better than any. The alarming consequences of these doctrines forced both bench and bar into further inquiries and minute researches into the laws, usages and customs of Spanish or Mexican provinces and towns. The new information thus acquired, was brought to bear upon the suit above named, where principles were evolved and a precedent formed of the utmost consequence to the community, and which have nearly settled, though not quite, the 'squatter' questions. The decision was pronounced by Judge Heydenfeldt, and was concurred in by Chief Justice Murray, although upon somewhat different grounds, and Judge Wells. Without entering upon the merits of the particular case in question, we give the 'conclusions' come to. These conclusions sustain all alcaldes' grants in the city, no matter though the alcalde himself had been illegally appointed and made a dishonest use of his power. By this decision - all opposing precedents having been expressly set aside by the Court - many notoriously fraudulent alcalde grants have been legalized; but that seems a small price to pay for the full assurance of title now given to the proprietors of the most valuable part of the ground within the municipal bounds."
The confusion in regard to the ownership of these lands became so extensive, that in March 1851, Congress enacted a law providing for the settlement of the land claims. President Fillmore appointed for members of the Board, Harry L. Thornton, Augustus Thompson and Alpheus L. Felch, but his Democratic successor deposed them and appointed three others. The Land Commission commenced its sittings in San Francisco, January 2, 1852, and received claims till March 3, 1853.
Hittell, in his "History of San Francisco," states the reason for the confirmation of existing titles, and the appointment of the Commission to arbitrate on the same.
"Congress passed the Act to settle the land titles in California, in March, 1851, providing a special tribunal or board of commissioners, with authority to examine all claims made to land under grant under Mexico, and confirm all valid grants. The Act made no reference to the promise given by Commodore Sloat in his proclamation issued on the seventh of July, 1846, when in taking possession of the country on behalf of the American Government, he declared that henceforth California would be a portion of the United States, and as an inducement for accepting cordially, or at least peaceably, the change, he assured the people that 'all persons holding titles to real estate, or in quiet possession of lands under color of right, shall have those titles guaranteed to them.' This language was doubtless used under express instructions from the Cabinet; we know that Commodore Sloat had been ordered in 1845, to seize California at the first outbreak of hostilities, and we may presume that directions were given to him in regard to what he should say when he made the seizure. 'Color of right,' is a phrase common in American jurisprudence, and would not have been adopted except under the suggestion of a lawyer. Even if Sloat exceeded the authority conferred by his instructions, that fact could not be known to the native Californians, and they were justified in believing that he had full power to make the promise, which thus became a solemn contract under the law of nations with every one who submitted to the American authority." The Thirty-fourth and Thirty-fifth Congresses having appropriated one hundred and fourteen thousand dollars for legal assistance and other expenditures in settling private land claims in this State, the next Congress requested of President Buchanan, a detailed account of the disposal of this fund. This action caused the general dissemination of the facts regarding the wonderful complexity of land titles, but it was only brought out after a number of years of investigation and litigation. In February, 1858, Edwin M. Stanton was sent to San Francisco, as special counsel for the Government, in pending law cases. Captain Sutter claimed that he was entitled to thirty-three leagues of land in the Sacramento valley, under two grants; one for eleven leagues, made by Governor Alvarado, in 1841, was adjudged genuine, but the other, which he had obtained from Micheltorena, for twenty-two leagues, covering the sites of Sacramento and Marysville, was not allowed, the Commissioner deciding that the act was done after Micheltorena had been expelled by a revolution, and not being Governor, he could not exercise the powers and functions of that office. This decision also effected the titles of several other grantees in this region. Nye's claim to four leagues on Sacramento river was one of these. It was given under the general permission granted by Micheltorena, after having vacated his office, to Captain Sutter, to issue certificates of title to persons who had previously petitioned for tracts. This general title was decided null and void by the Supreme Court. This uncertainty regarding the validity of titles to the land in this vicinity, caused great uneasiness among the locaters, which was not lulled until 1865, when Sutter's eleven league grant was confirmed.
In January, 1852, business being extremely quiet, citizens of Marysville turned to other pursuits, and squatting on private and public lands seems to have been the rage. This fever even attacked some of the city and county officials. The delay attending the action of the Land Commissioners caused this trouble. February 7, Mayor Miles issued a proclamation announcing that persons were engaged in enclosing public property of the city, and admonishing them to desist within forty-eight hours. Below are presented copies of the two grants made to Captain John Sutter.
SUTTER GRANT
Whereas, John Augustus Sutter, a native of the Swiss Republic and naturalized in the Mexican nation, has solicited, according to the law of August 11, 1824, for his personal benefit and that of twelve families, eleven leagues of land on the borders of the River Sacramento, in the vacant lands of the northern frontier, in order to colonize and foster them, for which end he has sufficiently proved his assiduity, good behavior, and all other qualities required in these cases; having already anticipated his increased efforts, his constant firmness, and his true patriotic zeal in favor of our institutions, having reduced to submission a number of savage Indians over in those frontiers, and this government being sufficiently informed that the mentioned land does not belong to the property of any private individual, town or corporation, and that in consequence thereof it is specified in the aforesaid law, and in conformity with the powers conferred on me in the name of the Mexican nation, I have granted to the said Senor Don Augustus Sutter, by these present letters for him and his settlers, the said land called La Nueva Elvecia (New Elbetia), subject to the approval or disapproval of the Superior Government, and of the Excellent, the Department Assembly, under the following conditions: First - He may fence it without injury to the crossings, roads and servitudes, and above all to the navigation of the river. Second - He shall maintain the native Indians of different tribes on those places in the free enjoyment of their possessions, without troubling them, and he may only reduce them to civilization through prudent measures and a friendly intercourse; he shall not cause them hostilities of any kind without previously obtaining authority from the Governor. Third - The land, of which donation has been made of him, is of the extent of eleven sitios de ganado mayor (eleven square leagues), as exhibited in the sketch annexed in the proceedings, without including the lands overflowed by the swelling and currents of the rivers; it is bounced on the north by los tres picos, (the three summits) in 39 degrees, 41 minutes, 45 seconds, north latitude; on the east by the borders of the Rio de los Plumas, (Feather river); on the south by the parallel of 38 degrees, 49 minutes, 32 seconds, of north latitude, and on the west by the Rio Sacramento. Fourth - When this property is confirmed unto him, he shall petition the proper Judge to give him the possession of the lands, in order that it may be measured agreeably to ordinance, the surplus thereof remaining for the benefit of the nation. Therefore I order that this patent being held as firm and valid, the same be entered in the proper book, and that these proceedings be transmitted to the Excellent, the Departmental Assembly, Juan B. Alvarado, Commandant General of the Department of Californias, ordered, and signed thus, to which I certify. Monterey, June 18, 1841.
TWENTY-TWO LEAGUES
Manuel Micheltorena, Brigadier General of the Mexican army, Adjutant General of the Staff, Governor General in Chief, and Inspector General of the Department of the Californias.
Whereas, Don Juan Auguston Sutter, a Mexican naturalized citizen, and his son, John A. Sutter, have solicited for the personal benefit of themselves and family the surplus of land within his ranch, named New Helvetia, as is laid down in the maps which accompany the grant, and the usual investigation and inquiry in relation thereto required by law and regulations having been satisfied. In virtue of the authority conferred upon me, in the name of the Mexican nation, and for the good conduct and services which the said Sutter has rendered and is rendering at the present time, I have conceded to them the mentioned lands; declaring in them the ownership thereof by these present, subject to the approbation of the Assemblea Departmental, and under the following conditions: - First - They may enclose it without interfering with the paths, roads and highways. They shall enjoy it exclusively, and freely appropriating it to the uses of cultivation which suits their convenience. Second - They can request the proper Juez that he give them lawful possession by virtue of this decree, so that the boundaries may be defined, at the limits of which there may be placed, beside the landmarks, some fruit trees, or useful kinds of forest trees. Third - The land of which mention is made consists of twenty-two square leagues, described upon the map, which accompanies the grant. Fourth - The Juez who gives the possession shall have the land surveyed according to law, remaining the surplus that may result at the disposal of the nation. Therefore, I command that these presents, investing the title in them, and holding the same as firm and valid, shall be handed in for record in the proper book, and shall be delivered to the parties in interest for safe keeping, and other purposes. Executed on this ordinary paper, having no stamped paper appropriate, Santa Barbara, this fifth day of February, eighteen hundred and forty-five. Manuel Micheltorena. Juan Cantaneda, Secretary of Interior.
RAILROAD LANDS
The lands of the California and Oregon Division of the Central Pacific Railroad occupy a considerable portion of Yuba and Sutter counties. These were secured under an Act of Congress, approved July 25, 1866, which granted to the company all the vacant odd-numbered sections within twenty miles on each side of its road. Where these sections are previously occupied by settlers the company can select other vacant odd-numbered sections within thirty miles of the road, as indemnity. A large proportion of the railroad lands in Yuba county are withheld as mineral, but the company have a force at work rapidly "proving off the mineral," and the sections are becoming ready for sale.
PUBLIC LANDS
The lands of the United States are or have been disposed of in the following way: - First, under the Pre-emption laws; second, under the Homestead laws; third, by public sale, private entry, and scrip locations; fourth, by grants to the State. Of the last class are the following: - Grant of the Swamp and Overflowed Lands by the Act of September 28, 1850. Grant of five hundred thousand acres for internal improvements by Act of September 4, 1841. By the Constitution of California the proceeds of this grant were transferred to the School Fund. May 3, 1852, the Legislature, by an Act, carried out this provision, and a law was passed authorizing the sale of two dollars per acre. The proceeds were invested in State bonds at seven per cent. April 3, 1858, the price was reduced to one dollar and a quarter per acre. All interest falling due on bonds was placed to the credit of the School Fund. The grant of the sixteenth and thirty-sixth sections was given to the State for school purposes by Act of March 3, 1853. The grant of seventy-two sections for a seminary of learning, and ten sections for public buildings, was made by Act of March 3, 1853. The grant of one hundred and fifty thousand acres for an Agricultural College was made July 2, 1862.
U. S. LAND OFFICE
Previous to the year 1855, the only United States Land Office in California, was located at Benicia. During that year, by the authority granted under the act, approved in March, 1853, the State was divided into two divisions, the Upper District, with its office at Marysville, and the Lower District, with its office at San Francisco. As settlers began pouring in, the location of the offices was found to be too far from the distant parts of the districts, and the business was becoming too cumbersome. Stockton District was formed, a portion of the land and records being taken from Marysville, or Upper District, and the remainder from San Francisco, or Lower District. The next district formed was Sacramento, which was segregated from Marysville and Stockton Districts; then followed the setting apart of Humboldt District from San Francisco and Marysville Districts; Shasta District in July, 1870, and Susanville District in February, 1871, were taken from Marysville District.
The district, as at present bounded, contains two hundred and twenty-one townships, or about 5,091,840 acres, extending from township eight to twenty-five north. In the southern part, it includes townships three east and three west, and in its widest portion, eleven east and seven west. The following are some of the confirmed grants lying in this district: - New Helvetia, Honcut, Boga, Farwell, Capay, Fernandez, Larkin's Children, Arroyo Chico, Jimeno, Jacinto, Colus, Los Putos, Rio de Los Putos, Rio de Los Jesus Maria and Gnesisosi. By instructions from the Secretary of the Interior, January 22, 1872, a considerable portion of Yuba county was withdrawn for mineral purposes. In order to perfect title to this, the pre-emptor, before "proving up," must publish and post on the land notices for thirty days, citing opposing parties to appear. Abundant testimony of the non-mineral character of the land must be offered, and if this proof is satisfactory the entry is permitted, and the course then pursued is the same as in ordinary pre-emption entry. Much of the land on this tract has been thus located on. The following is a list of the townships reserved: - 14 N., R. 6 E.; 15 N., R. 6 E.; 16 N., R. 5 and 6 E.; 17 N., R. 5, 6 and 7 E.; 18 N., R. 5, 6 and 7 E.; 19 N., R. 6 and 7 E.; 20 N., R. 7 E.
OFFICERS
The first officers of the district were John A. Paxton, Receiver, and Charles A. Fairfax, Register. They received their commissions May 9 1855, but the office was not opened until June. Mr. Fairfax resigned November 1, 1856, and on the seventeenth of that month, Mr. Paxton forwarded his resignation. Peter C. Rust was appointed to succeed Mr. Paxton as Receiver, and was also ex-officio Register. October 8, 1857, he was succeeded by Charles Lindley, who remained in the office till September 1, 1858. From this time the two offices were divided, and Joseph Hopkins was appointed Receiver, and E.O.F. Hastings, Register. Both of these gentlemen remained in the office until May 21, 1861, when A.J. Snyder became Register, and James Compton, Receiver. Mr. Compton was suspended May 19, 1863, and was succeeded by Charles. G. Bockius. At the expiration of his term, June 1, 1865, Mr. Snyder gave place to L.B. Ayer. Mr. Bockius was succeeded by Dr. Eli Teegarden, April 15, 1867, who remained in the office for eight years, until April 1, 1875, when Judge L.T. Crane, the present incumbent, was appointed. September 1, 1875, Mr. Ayer was succeeded by Charles M. Patterson, the present Register.
REPORT OF BUSINESS TRANSACTED FROM JANUARY 1, 1878 TO DECEMBER 31, 1878
AGRICULTURAL LANDS DISPOSED OF BY CASH ENTRY AND SCRIP AND WARRANT LOCATION
47,595.03 total acres $50,206.90
MINERAL LANDS SOLD
1,873.00 $4,760.00
Total amount received on perfected claims $54,966.90
LANDS LISTED TO STATE OF CALIFORNIA
50,048.09 total area covered for perfected claims.
UNPERFECTED LAND CLAIMS
81,446.10 total area covered by unperfected claims.
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