SAN FRANCISCO DE ASIS OCTOBER 31,1834 Governor of California, Figueroa gives orders to the legislatur to establish San Francisco governing structure. DAILY ALTA CALIFORNIA SUPPLEMENTAL Thursday September 9, 1852 Report of A.C. Peachy, Esq. City Attorney, upon the Power of the Ayuntemiento of San Francisco to Grant and Sell Lands. To the Ayuntamiento of San Francisco Gentlemen- In reply to the questions which have been propounded to me from time to time concerning the limits of the pueblo of San Francisco and the power of the municipal authorities to grant and sell lands lying within those limits, I have the honor to make the following report: The royal order of 1697, by which the Jesuits were authorized to establish missions in California, directed that the lands should be taken possession of in the name of the King of Spain. These lauds therefore were subject to the disposal of the crown: a right of which use was made in 1813, when the Spanish Cortez authorized the secularization of a portion of the American mission, or the transfer of the management of these establishments from the ecclesiastical to the civil powers, and that application of their property to civil purposes. After the separation of the Mexican provinces from the Spanish dominion, The Californias were declared to be the territories of the Mexican confederation, and directly subject to its supreme power: (see const. acts of Mex. conf., title x, art.7; also the Mex const. title ii, art.5) It is further provided by the Mexican constitution, title iii, sec 5, art. 30, the general Congress shall have power to grant laws and decrees for the interior administration of the in territories. The Supreme Government of Mexico therefore stood in the political relation to the Californias which Spain had formerly occupied, and it has frequently character, both as regards proprietary right to the soil of California, and political power in the government of the territory. On the 17th of Aug. 1833, the general Congress of Mexico passed a law secularizing the missions of Upper and Lower California, and declaring them the property of government. Each mission was to constitute a parish, and church, with its sacred vessels, ornaments, and other appurtenances, and such buildings as the government might deem necessary, assigned for its use. The most appropriate building of each mission was to be assigned for the habitation of the curate, with a lot of ground not to exceed two hundred varas square. The remaining edifices were to be designated for court-houses, preparatory schools, workshops, etc. A lot of ground was to be laid out in each parish for burial ground. The mission lands being thus made public property came under the operation of the colonization law of the year 1824, passed by the general Congress of Mexico, and the regulations of 1828 by which the law was limited and defined. The case had been anticipated and provided for in the 17th art.of those regulations. On the 6th Aug. 1834 the territorial deputation passed a general law authorizing the granting of lands to pueblos on the application of their ayuntamientos for egidos, (common lands,) and for terrenos de proprios, (municipal lands.) The Municipal lands were to be divided into middling sized and small portions, and rented out or sold at public auction, subject to an emphytentic tax, (en sevro entitentico.) where solares or house lotes were granted by the ayuntamientos. The law regulated the price which should be paid per vara for such lots. All grants of land however, made by the territorial Legislature, whether for towns or any other purpose, were held subject to the restrictions contained in par.5 of the decree of Aug. 18th 1824: that is, general government still retained the right to make us of any portion of these lands for the purposed of constructing warehouses, arsenals, and other public edifices. In some ease the limits of these town grants were fixed by law, in others they were limited on only in one direction, in others the limits were left to be defined by future legislation. Acting under the authority of these laws, the Governor of California (Figueroa) on the 19th of August 1834, issued provisional regulations, for converting the missions into pueblos. By these regulations the duties of the priests were confined to the spiritual affairs of the missions, while the territorial government to assumed the administration of all their temporal affairs. Common lands, (egidos.) and when convenient, also municipal lands, (propios,) were to be assigned to each pueblo, and authority given for granting lands not exceeding four hundred varas square to individuals and heads of families. One-half of the stock, seeds and agricultural implements were to be distributed in the same manner. To fiscal affairs of the new pueblos were to be under the direction of the ayuntamientos, and legal matters were to be decided by proper judicial authorities. The emancipated Indians were to assist in the cultivation of the common lands of the new pueblos, but were prohibited from selling any of the lots or stock assigned them by the government. All contracts made by them were declared null and void, and the property sold by them was to be reclaimed by the government as national property, the purchasers losing their money. If these Indians died without theirs, their property reverted to the nation. In the extra session of the Legislature at Monterey in the year 1834,Nov.3d, these provisional regulations of the Governor,(Figueroa,) except so much as related to the personal services of the Indians to the priests, were confirmed, and others formed, marking out the different curacies, defining the salaries of the priests, etc. The entire direction of the property of the missions was transferred from the priests to civil officers, called administradores These administrators, however, were prohibited from making any sales of mission property without the express orders of the government. On the 31st October, 1834, the Legislature received an official communication from the Governor, recommending the formation of anayuntemiento in San Francisco; and on the 3d November, 1834, the Legislature passed an act authorizing the partido of San Francisco to elect a ayuntamiento constitutional, to consist of one alcalde two regidores and a sindico, that being the number authorized by the last census of the partido and the law of July 10th, 1830. It was at first directed that the ayuntamiento should reside in the Presidio; but in the earljy part of the following year,(1835,)the juzgado of the en mission of San Francisco de asis, petitioned for ther removal of the ayuntnmiento of this locality, (de aquel luguar,”) from the Presidio to the en mission. It is not known that any formal permission was granted, but the public records show that the officers of the ayuntamiento thenceforth resided in the mission, and their official papers are generally dated at that place. Even as early as July 15th,1835), Francisco de Haro signs his official papers as Juez1° instancia de San Francisco de asis. The second election of an ayuntamiento took place on the 27th Nov.1835). Jose Joaquin Estudillo was elected alcalde, and Jose de la Cruz Sanchez 2d regidor—the 1st regidor, Joaquin Isidro Castro, holding over. Guillermo Antonio Richardson was elected sindico. The common council was now called the ayuntamiento of San Francisco de asis, (the name of the old mission,) or of the “puerte de San Francisco y su comprehension, or merely San Francisco, and sometimes of the partido of San Francisco, of the estableciamento de Dolores,and of the passage de Yerba Buena. In 1839 California was divided into districts and partidos. The 2nd partido of the 1st district was called the partidio of San Francisco en Dolores,(the popular name of the old mission,) and the pueblo of San Francisco de asis, or the establishment of Dolores made the cabeza de partido, or chief town of the partido. The ayuntamiento of this place was afterwards modified, and called a junta municipal. In Dec.1842, JesusNoe was made first, and Jose de la Cruz Sanchez 2d juez, para la puerta de San Francisco y su comprehension. In April,1844, Francisco and Ramon de Haro applied for a Grant of the patrero de la en misión de San Francisco de asis. The petition was reported upon by the Secretary of the Governor—that as the alcalde of San Francisco de asis,Guillermo Hinckley, had declared the land applied for to be unoccupied by any community or person,” and that as the egidos of that establishment had not been marked out,and the petition might in the meantime be granted. The grant was accordingly made, with the following restriction.-en permiter los la occupacion del potrero mencionado, sugetandose a a la medicion que se hager de los egidos del estableciamento de San Francisco. In May, 1845, a difficulty arose especting the election of 2nd alcalde of the pueblo, who was located in Yerba Buena. He was suspended by the Governor, and the 1st alcalde orjuez1° de San Francisco de asis, as he was sometimes called in the official correspondence,) was directed to examine into the legality of the transaction. In these papers the alcalde is sometimes called the alcalde de Yerba Buena, and sometimesjuez de second a nominacion de San Francisco de asis. In 1846, Jesus Noe was made 1st and Jose de la Cruz Sanchez 2d juez en el puerte de San Francisco. The power of the ayuntamiento of San Francisco to Grant lots within the limits of the pueblo was fully given by the law of Aug. 6, 1834, and the provisional regulations of Gov. Figueroa, Aug. 9, 1834, which were confirmed by the Legislature in its extra session at Monterey in the same year. But as the municipal and com-mon lands of the pueblo had never been formally marked out, some doubt was expressed as to the legality of grants made by the ayuntamiento of land in the passage or landing of Yerba Buena. To remove all doubts on this point, and to save the citizens the trouble and delay of applying to the Governor and Legislature, a special act was passed on the 22nd Sept.1835, giving to the ayuntamiento de San Francisco power to grant lands in the parage de la Yerba Buena, under certain specified conditions—the extent of territory subject to be so granted was limited only on the side next the water, a narrow strip being reserved for government purposes; and it appears from the public records that as late as May,1846, the limits of the town lands in the direction of the Presidio had not yet been fixed. It is therefore believed that all lands in the vicinity of the old mission of San Francisco de asis, and the landing of Yerba Buena, not included in the legal grants to private individuals, or in reserves made by the government, belong to the municipality of San Francisco, and are subject to be sold at public auction or granted in solares or building lots, in the manner directed by law. The power of the government to make reservations for public purposes is fully conceded in the laws both of Mexico and California; but where such reservations have ever been pointed out and established by the proper authorities, the remainder of the municipal lands can be disposed of by the proper municipal officers in the manner prescribed by law. The ayuntamiento are aware that owing to other professional engagements, I found it impossible to make the visit to Monterey at as early a day as the emergency of the service upon which I was to have gone, required My partner, Mr. Billings, with the consent of the ayuntamiento, was dispatched in my stead. It is to his exertions in Monterey, aided most efficiently by Mr. Halleck, from making any sales of mission property without express orders of the government.
Posted on: Wed, 30 Oct 2013 05:52:38 +0000
Trending Topics
Recently Viewed Topics
© 2015