# Record and brief — The United States, Appellants, vs. Francisco Pico and al

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## Record

- **Collection:** Supreme Court brief
- **Document type:** Record and brief
- **Published:** January 1, 1855

## Text

: 26 Gf

.

SUPREME COURT OF THE UNITED STATES.
No. 276.

THE UNITED STATES, APPELLANTS,
Vs.

FRANCISCO PICO AND AL.

APPEAL FROM THE DISTRICT COURT UNITED STATES FOR THE NORTHERN
DISTRICT OF CALIFORNIA.

INDEX.

Original. Print.

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Deposition of Wm. A. Richardson.......ccccccceeecees ponanenevedeseteseticsncinbeste . 3
Do. Of JO8C NOTICIS...cccccccscccccccccccccsecccecccveccccsccscoees sdiebeeeienins ~~ S 3

Do. of Juan B. FEES Ae CT ER ES a aA Tee
Do. of A ntonio Maria Pico... eerecece” eeeeeevee eee eeeeeeee@ csegveseesn @eeaeeeceeaeceaeeee

Espediente and MAD cocccccccvceccvsccess eeeneee (PRR RRR RRRRARRER RR SRERR RRR RE RE R RRR REE RRR RRR SS
13 8

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Translation of espediente......cscceeeess sedncediaens jun tiokalaiiebeiis
H. H. No. 1, annexed to. deposition of Wm. A. Richardson, taken before

eenevreeeaoaeaee eeeeeeeaeecesee ee eee ee eee eeeene

Com’r Hi. Hall cee eeeeee @ee@eeceseseseeeeeeeseeeeeeereeeee
Translation of OTA Te evecccceses eeeeseees Seeeeeceeoeeeoeeeeese peeeeeeeaeeece ee

Opinion of board by Commissioner Felch..........cseeceeeeees biidbaneaial dissed wa 1]
I iiicctientinidatidedinnciaiein editaeainis iii a ieaigiiahdaniniitiaine Seals bibaiiidieniieiaaaiaiaitiadaidalh 20 1]
MOUS OF BNPOR siiccccvctcceseccccns ‘siti isi lila nistaittioninabesniideniein sided sicinlaaiaienaia peiniiaiiiiala 23 12
Petition....... iat aa section siitedaistaamialaniibida sail iiaiiiiliaiaitiaaiaiiadiaes ssiaiteithcas 24 13
PRE Pic wincinizcncipinnnivcintincaniions ee sialic a lila aniseed’. a 14
DIE vcatsnwinsan hii siasiamiee seldiiesaaiaidiaisaainiibasicanbiaiieetissabiianaeiile amie ssimumcadiuns a 14
Order to open cause and correct transcript..e......seeessseesesee gianeumenn ee

2°¢ 15

Espediente—translation and stipulation......... sven sedescsousessenccounenseens recvccee

Deposition Of aan B. AlvarAdGecccccceciecccecccecccccscssesccacocccscscseccevssesecses 34 18
Affidavit of David F. Douglass... iiitilis sisseaiaensioni iiaiaiia rn nN i ; 19
Payment to David F’. Douglass..:......ccccccccccccsecscccccccecccccsccccssssocesesoseses 38 20
Stipulation and affidavit of Thomas O. Larkin......... RE eee ON ee 39 21
Opinion by the honorable Judge Ogden Hoffman........eseeeeees écbcenninieds < 22
Decree of confirmation..........+. sceccecceccevcceooces stvecsesnseseeeenoeny escccece secees . 45 24

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Clerk S | SRST oS Pee ee ee eae eece

GIDEON, Print.

| —
The United States vs. Pico et al. ]

Transcript of the proceedings in case No. 602— Francisco Pico ef
al., claimants, vs. The United States, defendant—for the place
named ‘**Las Calaveras.

OFFICE OF THE BOARD OF COMMISSIONERS

To ascertain and settle the private land claims in the State of Cal’ a.
Be it remembered, that on this eighteenth day of February, anno

Domini one thousand elght hundred and fifty-three, before the com-

missioners to ascertain and settle the private land claims in the

State of California, sitting as a board in the city of San Francisco,

in the State aforesaid, in the United States of America, the follow-

ing proceedings were had, to wit:

The petition of Francisco Pico et al., for the place named ‘‘Las
Calaveras,’’ was presented, and ordered to be filed and docketed
with No. 602, and is as follows, to wit:

(Vide page 3 of this Transcript.)
Upon which petition the following subsequent proceedings were
had, in their chronological order, to wit :
SAN Pasncans: February 19th, 1853.
In case No. 602, Francisco Pico et al., for the place named ‘‘Las
Calaveras,’’ the deposition of Wm. A. Richardson, a witness in
behalf of the claimants, taken before Commissioner Hiland Hall,
with document marked H. H. No. 1, annexed thereto, was filed.

(Vide page 5 of this Transcript.)
SAN Francisco, March 26th, 1853.
In the same case the deposition of José Noriega, a witness in be-
half of the claimants, taken before (ommissioner Hiland Hall, was
filed.
(Vide page 6 of this Transcript. )
San Francisco, April 15th, 1853.
In the same case the deposition of Antonio Maria Pico, a witness
in behalf of the claimants, taken before Commissioner Harry J.
Thornton, was filed.
(Vide page 10 of this Transcript.)
San Francisco, May 2d, 1854.
Case No. 602 was ordered to be placed at the foot of the Ist class
cases on the trial docket.

San Francisco, August 4th, 1854.

Case No. 602 was submitted on —
[Rec. conxxvi, D. T., 1857.}—

The United States vs. Pico et al.

In the same case the deposition of Juan B. Alvarado, a witness
in behalf of the United States, taken before the commissioners sit-
ting as a board, was filed.

San Francisco, October 16th, 1855.

In the same case Commissioner Alpheus Felch delivered the
opinion of the board rejecting the claim.
(Vide page 25 of this Transcript.)
And the following order was made, to wit:
(Vide page 26 of this Transcript.)
Petition. |
To the honorable the Commissioners of the United States for the as-
certainment and settlement of private land claims.

Your petitioner, Francisco Pico, respecttully represents that he
claims to be owner of the tract of land known as ‘‘Las Calaveras,’’
hereinafter described.

That the said land was granted to your petitioner by Pio Pico,
Governor of Alta California, on the eleventh day of June, A. D.
1846, your petitioner having solicited a grant for the same on the
first day of May, A. D. 1846, and reports to said governor in re-
gard to the situation of the land, and the character of your peti-
tioner, having been made to said governor by John A. Sutter, of
New Helvetia, by Francisco Guerrero, alcalde of San Francisco,
and by Manuel Castro, prefect of the first district, previously to the
issuance of said grant.

That said petition, said reports, and the decree of concession of
said Pico, with disefio or map of the land, and on file in the ar-
chives of the State of California in the possession of the surveyor
general of the United States for said State, and that a fac simile,
or traced copy of the same, duly certified by said surveyor general,
is herewith submitted, and that said original grant will be duly
exhibited and proved.

The said land is situated in Tuolumne county, and is bounded on
the north by the Calaveras creek, on the north by the lands granted
to William Gulnac and Andres Pico, on the west by the San Joa-
quin river, on the east by a meridian line, which, with the other
boundaries, will include an area of eleven square leagues.

That your petitioner took possession of said land immediately
after obtaining said grant, and has continued in possession thereof
to the present time, and that he knows of no conflicting claim.

He therefore prays that his said claim and title to said land may
be confirmed to your honorable board, and in duty, &c., &c.

CLARK, TAYLOR & BECKH,
| Attorneys for Petitioners.

Filed in office February 18th, 1853.

GEO. FISHER, Sec’y.

The United States vs. Pico et al. 3

Deposition of Wm. A. Richardson,
San Francisco, February 19th, 1853.
On this day before Commissioner Hiland Hall came Wm. A.
Richardson, a witness in behalf of the claimant, Francisco Pico,
petition No. 602, and was duly sworn, his evidence being given in
English.
The United States associate law agent was present.

Questions by Claimant.

Quest. 1. What is your name, age, and place of residence?

Ans. My name is Wm. A. Richardson; my age 58 years; I re-
side on my ranch of Sancelito, in Marin county.

Quest. 2d. Look on the document now shown to you marked
H. H. No. 1, and attached to your deposition, purporting to be a
grant from Pio Pico, and countersigned by José Matias Moreno,
secretary to Francisco Pico, dated July 20th, 1846; state what you
know concerning said document, and whether the signatures thereto
are genuine.

Ans. I have looked at the document shown me and have recog-
nised the signatures of Pio Pico and José Matias Moreno. I know
they are their genuine signatures; have often seen these gentlemen
write. |

In answer to questions by the associate law agent, the witness
says he has never seen the said document until to-day, and knows
nothing in regard to it except in regard to the handwriting of the
signatures.

WM. A. RICHARDSON.

Sworn and subscribed before me.
HILAND HALL,

Commissioner.

Filed in office February 19, 1853.
. GEO. FISHER, Sec’y.

Deposition of Jose Noriega.
San Francisco, March 26, 1853.
On this day before Commissioner Hiland Hall came José Nori-
ega, a witness in behalf of the claimant, Francisco Pico, petition
No. 602, and was duly sworn, his evidence being interpreted by the
secretary.
The United States law agent was present.

Questions by Claimant.
Quest. 1. What is your name, age, and place of residence ?
Ans. My name is Don José Noriega, my age fifty-three years,
and I reside in the pueblo of San José.
Quest. State what you know concerning the land petitioned for
upwards sixteen years.

4 The United States vs. Pico et al.

Ans. In the month of April, 1846, the petitioner applied to
Capt. Sutter to inform the government of the land being unoc-
cupied. About the year 1846, the Indians in the neighborhood of
the land petitioned for became very hostile, stealing cattle and
committing other depredations to such an extent as to render the
possession and occupancy of the land impossible, and the attempt
to take actual possession of the same dangerous; this state of things
continued up to the time the Americans took possession of Cali-
fornia.

I have heard that the petitioner has, during this year, placed
men upon the land, who have cultivated it, built corrals thereon,
and otherwise improved it, using it for the usual purposes of a
rancho. The land is situated on the Calaveras river, near Stockton.

JOSE NORIEGA.

Sworn and subscribed before me.

HILAND HALL,

Commissioner.

Filed in office March 26th, 1853.
GEO. FISHER, Sec’y.

Deposition of Juan B. Alvarado.

UnitTep STATES OF AMERICA,
State of California.
SAN Francisco, August 4th, 1854.

Personally appeared this day, before the commissioners to ascer-
tain and settle the private land claims in the State of California,
sitting as a board, Juan B. Alvarado, a witness in behalf of the
United States, in case No. 602 on the docket of the said board,
wherein Francisco Pico is the claimant against the United States
for the place named ‘‘Las Calaveras,’’ who, upon being duly
sworn, deposed as follows, to wit:

Questions by the United States Law Agent.

Ques. 1. Are you acquainted with Francisco Pico, the claimant

in this case ?

Ans. I am.
Ques. 2. What is his relationship to Pio Pico, the former goy-

ernor of California ?

Ans. I believe he is a cousin to him; they are the sons of two
brothers.

Questions by the Counsel for the Clavmant.

Quest. 1. What was the occupation of Francisco Pico after the
war with the United States broke out in 1846?

(Objected to by the United States law agent, as not being cross-
examination.) =

Ans. He was occupied in the military service of the country,

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‘The United States vs. Pico eé al. \>

specially as carrier, express rider, and such other service which
required the activity of a man mounted on horseback.
Direct examination by the United States Law Agent.
Ques. 1. Was Francisco Pico a man of family at the time referred
to in the deposition ?
Ans. I believe he was not a married man; his family consisted
of his mother and brothers and sisters, as 1 understood, but cannot

say whether he was a married man. |
JUAN B. ALVARADO.

Subscribed and sworn to before the commissioners, sitting as a
board, this 4th day of August, A. D. 1854.
Attest: GEO. FISHER.
Filed in office August 4th, 1854.
GEO. FISHER, Sec’y.

Deposition of Anto. Maria Pico.
SAN Francisco, April 15th, 1853.
On this day before Commissioner Harry J. Thornton came
Antonio Maria Pico, a witness on the part of the claimant, Fran-
cisco Pico, petition No. 602, and was duly sworn, his evidence
being given in the Spanish and interpreted by the secretary.

Questions by Claimant,

Quest. 1. What is your name, age, and place of residence?

Answer. My name is Antonio Maria Pico; my age forty-three
years; and my residence in San José, California.

Quest. Are you acquainted with the handwriting of Pio Pico and
José Matias Moreno? If yea, look upon the document now shown
you, filed with, and marked Exhibit 1 to, the deposition of Wm. A.
Richardson in this case, and state if the signatures of those persons
where they occur in and upon said document are their genuine
signatures.

Ans. Iam acquainted with the handwriting of the persons named,
and have examined the document so marked, and state that their
signatures in and upon the same are their eenuine signatures.

Quest. 2. Are you acquainted with the land claimed in this case
called ‘‘Las Calaveras;’’ if yea, state what you know of its present
settlement, occupation, or cultivation—when, by whom, and how?

Ans. I am acquainted with the rancho; it was occupied by me,
for and as the agent or tenant for the grantee, from the year 1847
to this time; it could not have been sooner occupied, or was not on
account of the civil commotions in the country; I built a wooden
house, in which the people lived who were in service on the ranch,
who attended to the stock, and cultivated enough for support.

U.S. law agent present,
ANTONIO MA. PICO.

4 The United States vs. Pico et al.

Ans. In the month of April, 1846, the petitioner applied to
Capt. Sutter to inform the government of the land being unoc-
cupied. About the year 1846, the Indians in the neighborhood of
the land petitioned for became very hostile, stealing cattle and
committing other depredations to such an extent as to render the
possession and occupancy of the land impossible, and the attempt
to take actual possession of the same dangerous; this state of things
continued up to the time the Americans took possession of Cali-
fornia.

I have heard that the petitioner has, during this year, placed
men upon the land, who have cultivated it, built corrals thereon,
and otherwise improved it, using it for the usual purposes of a
rancho. The land is situated on the Calaveras river, near Stockton.

JOSE NORIEGA.

Sworn and subscribed before me.

HILAND HALL,

Commissioner.

Filed in office March 26th, 1853. ,
GEO. FISHER, Sec’y.

Deposition of Juan B. Alvarado.

Unrrep States oF AMERICA,
State of California.
SAN Francisco, August 4th, 1854.

Personally appeared this day, before the commissioners to ascer-
tain and settle the private land claims in the State of California,
sitting as a board, Juan B. Alvarado, a witness in behalf of the
United States, in case No. 602 on the docket of the said board,
wherein Francisco Pico is the claimant against the United States
for the place named ‘‘Las Calaveras,’’ who, upon being duly
sworn, deposed as follows, to wit:

Questions by the United States Law Agent.

Ques. 1. Are you acquainted with Francisco Pico, the claimant

in this case ?

Ans. I am.
Ques. 2. What is his relationship to Pio Pico, the former gov-

ernor of California?
Ans. I believe he is a cousin to him; they are the sons of two
brothers.
Questions by the Counsel for the Claimant.
Quest. 1. What was the occupation of Francisco Pico after the
war with the United States broke out in 1846?
(Objected to by the United States law agent, as not being cross-

examination. )
Ans. He was occupied in the military service of the country,

2967
“The United States vs. Pico eé al. />

specially as carrier, express rider, and such other service which
required the activity of a man mounted on horseback.
Direct examination by the United States Law Agent.
Ques. 1. Was Francisco Pico a man of family at the time referred
to in the deposition ?

Ans. I believe he was not a married man; his family consisted
of his mother and brothers and sisters, as I. understood, but cannot

say whether he was a married man.
JUAN B. ALVARADO.

Subscribed and sworn to before the commissioners, sitting as a
board, this 4th day of August, A. D. 1854.
Attest: GEO. FISHER.
Filed in office August 4th, 1854. |
GEO. FISHER, Sec’y.

Deposition of Anto. Maria Pico.
San Francisco, April 15th, 1853.
On this day before Commissioner Harry J. Thornton came
Antonio Maria Pico, a witness on the part of the claimant, Fran-
cisco Pico, petition No. 602, and was duly sworn, his evidence
being given in the Spanish and interpreted by the secretary.

Questions by Claimant,

Quest. 1. What is your name, age, and place of residence?

Answer. My name is Antonio Maria Pico; my age forty-three
years; and my residence in San José, California.

Quest. Are you acquainted with the handw riting of Pio Pico and
José Matias Moreno? If yea, look upon the document now shown
you, filed with, and marked Exhibit 1 to, the deposition of Wm. A.
Richardson in this case, and state if the signatures of those persons
where they occur in and upon said document are their genuine
signatures.

“Ans. Lam acquainted with the handwriting of the persons named,
and have examined the document so marked, and state that their

signatures in and upon the same are their genuine signatures.

“Quest. 2. Are you acquainted with the land claimed i in this case
called ‘‘Las Calaveras;’’ if yea, state what you know of its present

settlement, occupation, or cultivation—w hen, by whom, and how?

Ans. I am acquainted with the rancho; it was occupied by me,
for and as the agent or tenant for the erantee, from the year 1847
to this time; it could not have been sooner occupied, or was not on
account of the civil commotions in the country; I built a wooden
house, in which the people lived who were in service on the ranch,
who attended to the stock, and cultivated enough for support.

U.S. law agent present,
ANTONIO MA. PICO.

The United States vs. Pico et al.

Sworn to and subscribed before me, this 15th of April, 1853.
HARRY J. THORNTON,
Commissioner.
Filed in office Apri] 15th, 1853.
GEO. FISHER, Sec’y.
Espediente.
(18. D. K.]
S’or Juez de Paz y Coman’te Militar Dn. Juan Augustin Sutter:
Francisco Pico, Mejicano por nacimiento y vecino de Monterey, |
a ante V. respectuosamente me presento y digo; que teniendo visto
el un parage baldio en estos rumbos de este establecimiento que es de 7
abajo de las Calaberas a la balsa de las Cuatro, cerca al sur y para la
parte del rio de San Joaquin, Sierra Nevada segun dice por el disefio
que acompana, pido se digne concederme el e/ informe de ocho
sitios de ganado mayor para poder causer las tramites con el ex’mo
s’or gobernador de este departamento.
Por tanto suplico se sirva escederme lo que pido de lo que reciveré
gracia.
Nueva Elvecia, lo de Mayo, de 1846.

FRAN’CO PICO.

Aurego.

Certificio que el terreno que solicita el S’or Francisco Pico esta
baldio.
Nueva Helvetia, Mayo lo, de 1846.
J. A. SUTTER. :

[ Here follows a map—original, page 10. |

[48. D. K.]
S’or Sub Prefecto del 20 Distrito:

| Fran’co Pico, Mejicano, por nacimiento y vecino de Monterey,
i ante V. con el debido respecto y como mas halla lugar en derecho
se presenta y dice. (ue habiendo visto un terreno baldio en estos
ranchos del establecimiento del Sacramento, que es de el Arroyo
de las Calaberas, a la bolsa de las Cuatro asi al sur y para la parte
del rio de San Joaquin y Sierra Nevada, y como d’ho terreno se
halla en el partido de su mando, solicito la informacion de V. acom-
paiiandole una representacion y dicefio que se le hiso al encargado
de justicia de d’ho establicimiento del que obtuve una certificacion
y para darle el giro que convenga, pido se digne V. concederle el
informe que convenga para que pueda con toda inteligencia seguir

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The United States vs. Pico et al. 7

los tramites correspondientes segun estilo P. F. A. V. suplico se
sirva conceder lo pedido. Jurando lo necesario.
Da. Pueblo de 8S. José de Guadalupe, 8 de Mayo, 1846.
FRANCISCO PICO.

Sirbase V. recibir la presente en papel comun, por no haber del

sellado que corresponde.
YeERBA Buena, Mayo 12, de 1846.

En vista de la presente y certificacion del encargado del rio del
Sacramento, sobre el pedido de ocho sitios de ganado mayor, y en
virtud de no haber autoridad por el rumbo pedido por se practica-—
ron como se deben por lo que posean el S’or suf’o del 20 distrito,
y que resulto lo que tenia a bien y le de el g’ro que uello convenga.

FRAN’CO GUERRERO.
E:x’mo S8’or Gobernador:

Impuesta la pref’a de mi cargo de la presente, instancia en que
el cuid’o Fran’co Pico, pretende el parage nombrado las ‘‘Calave-
ras,’ 6 la bolsa de los Cuatros, el informe de la sub prefectura y
del juez de Nueva Helvecia, las cualidades del solicitante y lo de-
mas que se manifiesta, es de paucer que de le conceda a la parte
dicha la propiedad del mismo terreno de las Calaveras, que solicita
en estencion de ocho sitios de ganado mayor, sia V. E. asi lo pau-

clere conveniente.
MANUEL CASTRO.

Monterey, Mayo 18, de 1846.

(58. D. K.]

En vista de las informes que obran en este espediente en favor
del interesado librese el titulo que auque la propriedad sin per-
juicio de lo que pertenece a lo que pertenece a las colindantes.

, PICO.
Angeles, Junio 11, de 1846. :

OFFICE OF THE SURVEYOR GENERAL OF THE
Unitep STATES FOR CALIFORNIA.

I, §«muel D. King, surveyor general of the United States for
the ‘state of California, and, as such, now having in my office and
un‘ er my custody a portion of the archives of the former Spanish
and Mexican territory or department of Upper California, do hereby
certify, that the five preceding and hereunto attached pages of
tracing paper, numbered from one to five inclusive, and each of
which is verified by my initials, (S. D. K.,) exhibit true and accu-
rate copies of certain documents on file and forming part of the
said archives in this office.

in testimony whereof, I have hereunto signed my name officially,

$ The United States vs. Pico et al.

and affixed my private seal, (not having a seal of office,) at the city
of San Francisco, Cal., this 26th day of August, 1852.
SAMUEL D. KING,
Surveyor G’l Cal.

Filed in office February 18, 1853.
GEO. FISHER, Sec’y.
Translation of Expediente.
To the Justice of the Peace and Military Commander, Don Juan
Augustin Sutter:

I, Francisco Pico, a Mexican by birth and resident of Monterey,
respectfully appear before you and say, that having seen a vacant
location in the direction of this establishment, which is from the
‘‘Arroyo de las Calaveras’’ to ‘‘La Caja de las Cuatro,’’ towards
the south, and on the side of the river of San Joaquin and Sierra
Neyada, as is shown in the sketch I accompany, I request you to
give me a report for the grant of eight square leagues, in order
that the procedure can be carried on by the excellent sir governor
of this department. Therefore I ask you to accede to my request,
by which I shall receive favor.

Nueva el Cerna, 1 May, 1846.

On request. | FRANCISCO PICO.

(ln the Margin.)

I certify that. the land which Don Francisco Pico solicits is
vacant.

Nueva Helvetia, May Ist, 1846.

J. A. SUTTER.

Sir Sub Prefect of the 2d District:

Francisco Pico, a Mexican by birth and resident of Monterey,
with due respect and as best may be consistent with law, says be-
fore you, that having seen a tract of vacant land in the direction
of the establishment of Sacramento, which is from the Arroyo de
las Calaveras to ‘‘La Bolsa de los Cuatro,’’ towards the south, and
on the side of the river San Joaquin and Sierra Nevada, and as said
land is situate in the district under your command, I solicit your
report, accompanying a representation and sketch which was made
to the judicial commissioner of said establishment, from whom [
obtained a certificate, and to give it the suitable circulation. I
ask you to be pleased to give the report you may think proper, so
that the corresponding judicial procedure may be followed with a
thorough understanding of the matter. Therefore I pray you to
be pleased to grant my request, whereby I shall receive favor,
swearing to what is necessary.

Ex Pueblo de 8. José Guadalupe, 8th of May, 1846.
FRANCISCO PICO.

.
etn ecto aR RR ES Fg MO

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FPO

29P9
The United States vs. Pico et al. 4

Please to receive the present on common paper, the correspond-

ing stamped paper not being had.
(In the Margin.)
YeRBA Buena, Jay 12th, 1846.

In view of the present, and of the certificate of the judicial com-
missioner of Sacramento, about the solicitation of eight square
leagues of land, and on account of not having authority in the
locality asked for, there has not been taken the necessary action;
therefore it is referred to the prefect of the 2d district, that he may
resolve what he shall deem proper, and give it the more appro-

priate circulation.
FR’CO GUERRERO.

Excellent Sir Governor:

The prefectura in my charge, in view of the present instance,
wherein the citizen Fr’co Pico claims the location called ‘‘Las
Calaveras’’ to ‘‘la Bolsa de las Cuatro,’’ the report of the sub-pre-
fecture and that of the justice of Nueva Helvetia, the qualifications
of the petitioner, and everything else set forth, is of opinion that
the said party may be granted the ownership of the same land he
solicits, called ‘‘Las Calaveras,’’ in extent 8 square leagues, of it
so shall appear convenient to your excellency.

Monterey, May 18th, 1846.
MAN’L CASTRO.

In view of the reports contained in this expediente, in favor of
the interested party, let the title-deed be issued to secure the owner-
ship without prejudice to what may belong to the bordering land
owners.

Los Angeles, June 11th, 1846.

PICO.

Filed in office September 19th, 1855.
GEO. FISHER, Sec’y.

H, H. No.1, annexed to'the Depo. of Wm. A. Richardson, taken
before Com’r H. Hail. |
[sEAL.] Pio Pico, Gobernador Constitucional del Depart’o de las
Californias:

Por cuanto el ciudadano Fran’co Pico, ha pretendido para su
beneficio personal, y el terreno conocido con el nombre del arroyo
de las Calaveras a balsa de las cuatro colindante por el N. con el
mismo arroyo de las Calaveras, por el S. con el terreno concedido
a Don Guillermo Gulnak, y el de Don Andres Pico, por el E. con
el llano y por el QO. con las esteros practicadas previamente las dil-
igencias, y averiguaciones consernientes, usando de las facultades
que me hallo autorizado por el sup’mo gobierno a nombre de la

| Rec, cctxxvi, D. T, 1857.]—2

4

The United States vs. Pico et al.

ion Mejicana, os venido en conceder al espresado Sefior Pico el
terreno, mencionado, de ‘laranc do le la propriedad de el por las pre-
sentes de conformidad con la ley de 18 de Agosto, de 1824, y regla-
mento de 21 de saa as de 1828, a reserva de la aprobacion
de Ja ex’ma asamblea departamental, y bajo las condiciones sigul-
entes:

la. Podra cercarlo sin prejudicar las travesias caminos, y servi-
umbres, lo disputara libre y esclusivamente destinandolo al uso o
cultivo que mas le convenza.

20. Solicitara del juez respectivo le de la posecion juridica en
vertud de este des matt por el cual se demarcaran los linderos con
las majoneras respec tivos.

30. El te rreno de que se hace donacion es de ocho sitios de ganado
mayor. El juez que diere la posecion lo hara medir conforme a
ordenanza sin prejucio de las terrenos concedidas a los Sefiores
Gulnac y Pico, quedando el sobrante que resulta a beneficio de la
nacion para los usos convenientes.

En consecuencia mando que teniendose el presente titulo por
firmé y valedero, se tome razon de el en el libro que corresponde
y se entregue al interesado para su resguardo, y demas fines.

Dado en la ciudad de los Angeles, en este papel comun por falta
del sellado a veinte de Julio, de mil ochocientos cuarenta y seis.

Jos—E Matias Moreno, PIO PICO.
S’rio Into.

Queda tomada razon de este superior despacho en el libro re-

spectivo.
MORENO.

Filed in office February 19, 1853.
GEO. FISHER, Seec’y

Translation of Grant.
Pio Pico, Constitutional Governor of the Departments of both Cali-
fornias.

Whereas the citizen Francisco Pico has solicited for his personal
benefit the land known in the name of arroyo de las Calaveras, or
Bolsa de las Cuatro, bordering to the north on the same arroyo de
las Calaveras; to the south on the land granted to Don Guillermo
Gulnac and that of Don Andres Pico; to the east on the plain, and to
the west on las Esteras; after having previously made the necessary
investigation, and taken the necessary action in exercise of the
powers I am authorized by the supreme government, in the name
of the Mexican government, I have concluded to erant the said
Pico the mentioned land, declaring it his property ‘by these pres-
e ents, in coniorn uty with the law of ‘the 18th of August, 1828, and

culations of 21st of November, 18 under reservation of the
appre bation of the excellent ri Mls ul assembly, and under
fo! =-*ne@ conditions:

L927

The United States vs. Pico eé al. ya”

Ast. He may fence it without prejudice to the crossings, roads
and servitudes; he will enjoy it fully and exclusively, appropria-
ting it to the use or cultivate that may best suit him.

2d. He will solicit of the respective judge to give him juridical
possession in virtue of this document, a whom the boundaries are
to be marked with the respective landmarks.

_ $d. The land granted is eight square leagues, (sitios de ganado
mayor.)

The judge who shall give the possession will cause it to be
measured conformable to ‘ordinance, without prejudice to the lands
granted to Gulnac and Pico, leaving the surplus that may result
to the benefit of the nation for convenient purposes.

Consequently I order that, the present title-deed being held firm
and valid, it be entered in the corresponding book, and delivered
to the interested party for his security, and other purposes.

Given in the city of Los Angeles on this common paper, for want
of stamped paper, on the 11th of July, 1846.

PIO PICO. (Flourish.)

Filed in office September 19th, 1853

GEO. FISHE L, See’y.
Opinion of Board by Com’r felch.
Francisco Pico
VS.
T'ne UNITED STATES.

For the place called ‘‘Las Calaveras,’’ in Tuolumne county, con-
taining eight square leagues of land.

This claim is based on a grant to the claimant, signed by Pio
Pico, and given in evidence; the document bears date July 20,
1846, which was subsequent to the conquest of the country by the
Ame rica.

We held in John Wilson’s case, (No. 50,) that the power of the
governor of California to make grants under the Mexican law
ceased on the raising of the American flag at Monterey, July 7,
1846.

Under this ruling the grant presented was without authority,
and this claim based upon it cannot, therefore, be entitled toa con-
firmation.

Decree adverse to petition.

Filed in office October 16th, 1855.

GEO. FISHER, Sec’y.

Decree.

Francisco Prco
ea.
THe UNITED STATES.
In this case, on hearing the proofs and allegations, it is adjudged

The United States vs. Pico eé al.

by the commission that the claim of the said petitioner is not
valid, and it is therefore decreed that this application for a confir-

mation thereof be denied. .
ALPHEUS FELCH,
R. AUG. THOMPSON,
S. B. FARWELL,
Commissioners.
Filed in office October 16th, 1855.
GEO. FISHER, Sec’y.
And it appearing to the satisfaction of the board that the land
ereby be Pax. < sar is situated in the northern district of California,
it is hereby ordered that the transcripts of the proceedings and
cision in this case, and of the papers and evidence upon which
the same are founded, be made out and duly certified by the secre-
tary, one of which transcripts shall be filed with the clerk of the
United States district court for the northern district of California,

—— 2

nd the other be transmitted to the Attorney General of the United

OFFICE OF THE BoARD OF COMMISSIONERS

To ascertar W) and SE ttle the private land « dams An the State of Oc Th a.

[, Geor xe F isher, secretary to the board of commissioners to as-
certain and settle the private land claims in the State of California,
do hereby certify the foregoing twenty-six pages, numbered from
1 to 26, both inclusive, to contain a true, correct, and full transcript
of the record of the proceedings, and of the decision of the said
board, of the documentary evidence and of the testimony of the
witnesses upon which the same is founded, on file in this office, in
case No. 602 on the docket of the said board, wherein Franciso Pico

et al. are the claimants against the United States, for the place
kno by the name of ‘‘Las Calaveras.’’

Vn

testimony whereof, I hereunto set my hand and affix my pri-
vate seal | (not having a seal of office) at San Fr: “rs

California, this a -sixth day of Jannary, A. D. 1856,

104 of the independence of the United States of America
he e 1g ohtieth.

GEO. FISHER, Sec’y.

Endorsed: Filed January 30th, 1856.

JOHN A. MONROE, Clerk.

‘ranctsco Pico etal.) -+- on <
PRANCI vs. ‘ ( N 9.—Appeal.—Land Commission No.
S. ges Seon gyie aa” :

Unitep Stati \ 602, ‘‘Las Calaveras.’’
T + BS

lo the Clerk of the United States Court for the northern district of
California:
Please enter this as notice that Francisco Pico hereby appeals to

RB MER Aoersd SPL ARO GSA BIE Ie LAER iA i. Sey ARR -

207
259%

The United States vs. Pico et al. 13
the said court from the decision of the board of commissioners ap-
pointed to ascertain and settle the private land claims in the State
of California by the act of Congress of the 3d March, 1851, by which
his claim to the tract called ‘‘Las Calaveras,’’ and entered upon the
docket of the said board as No. 602, was rejected by them.

FRANCISCO PICO.
sy STANLY & KING, his Att’ys.
San Francisco, 21 February, 1856.
Endorsed: Filed February 21st, 1856.
JOHN A. MONROE, Clerk.
By W. H. CHEVERS, Deputy.
Notice of Appeal.
y. “22

District Court of the United States, northern district of California.
Francisco Pico et al. } |

Vs. . No. 399.—Commissioner Docket No. 602.
Tue Unirep STATES.

Notice is hereby given, that the appeal in the above entitled case,
from the decision of the United States board of land commissioners
to the district court of the United States, will be prosecuted by the
claimants therein in the said court. J. CLARK,

Attorney for Claimant.

April Ist, 1856.

Endorsed: Filed April Ist, 1856.

JOHN A. MONROE, Clerk.
By W. H. CHEVERS, Deputy.
Petition.
To the honorable District Court of the United States in and for the
northern district of California:

Francisco Pico, Appellant, /

VS. > No. 399.
Tue Untrep States, Appellees.

The petition of the Francisco Pico, by his attorney, represents,
that this cause is an application for a review of the decision of the
board of land commissioners, whereby the claim of said appel-
lees was rejected, as appears by reference to the records in the case;
that a transcript of the said records was filed in this court on. the

day of _, and that the land claimed lies in the northern
district, in the county of Calaveras; that said claimis valid. Where-
fore appellees pray that the said decision of the board be reversed,
and that this court decree the said title to be valid. |
Respectfully, J. CLARK,
Att’y for Claimant.

Endorsed: Filed April Ist, 1856.
JOHN A. MONROE, Clerk.
By W. H. CHEVERS, Deputy.

Pe COANE nT wept wy ca tn sien
NOYES Me er rete ee T GIN Jak apy ctw soe smitae Ti, oF: = >

te A Sp

oie
mrs Dy gre. aeuaenl
ding hae ae Aiea Sigh

Seger

eee Se een en

me te ad Ae tac he ae ee et SFE He AP ed ae TIN re ere
See Se Bas i chest CNT il i i a A psa. to

14 Th United States vs. Pico et al.

Appeal Petition.
Francisco Pico et al ts
VS. » Docket No. 399.— Appeal.
Tue UnrtTep STATE s. J
To the Honorable Ogden Hoffman, Judge of the United States
District Court for the reed a aid ict of California:

[he petition of Francisco Pico, a citizen of the United States,
respectfully re prese nts, that under the provision of the act of Con-
eress of the 3d March, 1851, he presented a petition to the com-
missioners —— d under said act to ex: imine claims to land in
California, praying for the confirmation of his claim to the tract of
land en in descr hed , called ‘‘Las Calaveras,’’ situate in the county

4

of , under a decree of concession made in his favor by Gov-
ernor Pico on the 11th June, 1846 , (and for which a title in
form was facie by said governor on the 20th July , 1846,) and ac-

companied it by evidence of his title, and to which 1, for more full
and particular description, he begs leave to refer. :

That his said claim, being designated as No. 602 on the docket
f the said commissioners, was rejected by them on the 16th Octo-
ber, 1855; that the said land is situate within the limits of the
northern district of California; that a transcript of the proceedings
and decision of the commissioners in the case was filed in the office
of the clerk of the court for that district on the 30th January, 1856,
and on the 21st February, 1856, notice was filed with said clerk.
that your petitioner appealed from such decision.

Your petitioner prays for a re-hearing of the case upon this appeal;
that the said decision of the commissioners may be reversed and an-
nulled, and that the court will make such decree and order as may be
necessary and proper to recognise, confirm, and declare valid his
title and claim to the premises mentioned and referred to 1n his
etition and evidence of claim.
| your petitioner will ever pray, &c.

FRANCISCO PICO.
By STANLY & KING,
His Attorneys.

Ly
Bar

-

Endorsed: Filed April 28th, 1856.
JOHN A. MONROE, Clerk.
By W. H. CHEVERS, Deputy.

In the United States District ‘Court for the northern district of
Califor nia.
Francisco Pico et al., Appellants, , :
VS. > No. 399.
Tue Unitep States, Appellees. 4
he respondents, for answer to the petition filed in this case, an-
swer and say :

The United States vs. Pico et al. 415

It is true that the lands mentioned in said petition, and in said
transcript of the proceedings before the said board of commissioners,
lie within the said northern district of California, and within the
jurisdiction of this court; but these respondents deny that the
alleved title to the said land is valid, and aver that the same is in-
valid, and pray that the decision of the said board be affirmed, and
that the title of the petitioners be decreed to be invalid.

A. GLASSELL ,
Acting U. S. Attorney.

Endorsed: Filed April 28th, 1856.

JOHN A. MONROE, Clerk.
By W. H. CHEVERS, Deputy.

Order to open Cause and correct Transcript.

At a stated term of the district court of the United States of
America for the northern district of California, held at the court-
room, ir the city of San Francisco, on Monday, the 26th day of
October, in the year of our Lord one thousand eight hundred and
fifty-seven.

Present, the honorable Ogden Hoffman, district judge.
Francisco Pico et al.

VS. No. 399.
THe UNITED STATES.

This cause having been once submitted, and it appearing to the
court that there is error in the transcript from the board of land
commissioners, and an omission on the part of claimants to prove
the handwriting of the Mexican authorities who made the grant,
it is, on motion of claimant’s counsel, ordered that the case be re-
opened to correct said error, and to take additional testimony.

Endorsed: Filed October 26th, 1857.

JOHN A. MONROE, Clerk.
By J. EDGAR GRYMES, Deputy.

Espediente.—Translation and Stipulation.
[H. H. No. 1.]
Pio Pico, Gobernador Constitucional del Departamento de las
Californias.

[ SEAL. |

Por cuanto el cuidadano Francisco Pico, ha pretendido para su
beneficio personal el terreno conocido con el nombre del arroyo de
las Calaveras, o bolsa de los cuatro colindante por el N. con el
mismo arroyo de las Calaveras, por el 8. con el terreno concedido
a Don Guillermo Gulnak y el de Don Andres Pico, por el E. con
el llano y por el O. con las esteros practicadas previamente las
averiguaciones y diligencias consernientes, usando de las facultades

na
x
iF.
be
a
iq
ry
La
i
'
t
iN
'
ty
E
Be ,
FS
t
E
:

So, ah Giger eRe RENE NN ek a RR acaba
3 te w Sa ae ea tS ee
“3 Vi - s A Fae BES Bd Maitnyit | ic

16 The United States vs. Pico et al.

con que me hallo autorizado por el supremo gobierno a nombre de
la nacion Mejicana he venido en conceder al espresado Sefior Pico,
el terreno mencionado declarandole la propriedad de el por las pre-
sentes de conformidad con la ley de 18 de Agosto, de 1824, y re-
glamento de 21 de Noviembre, de 1828, a reserva de la apr obacion
de la exm’a asamblea departamental y bajo las condiciones sigui-
entes :

la. Podra cercarlo sin prejudicar las travesias caminos y servi-
dumbres ; lo disfrutara libre y esclusivamente destinandolo al uso
o cultivo que mas le convenga.

2a. Solicitara del juez respectivo le de Ja posecion juridica en
virtud de este ote por el cual se demarcaran los linderos con
las respectivas mojoneras.

3a. El terreno de que se hace donacion es de ocho sitios de ga-
nado mayor. Jl juez que diere la posecion los hara medir conforme
a ordenanza sin perjucio de _ terrenos concedidas a los Sejyores
Gulnak y Pico, quedando el sobrante que resulta a beneficio de la
nacion para los usos convenientes. En consecuencia mando que
teniendose el presente titulo por firma y valedero, se tome razon de
el en el libro que corresponde y se entregue al interesado para su
rescuardo y demas fines.

Dado en la ciudad de los Angeles, en este papel comun por falta
del sellado a veinte de Julio, de mil ochocientos cuarenta y seis.

PIO PICO.
Jos—E Matras Moreno, S’rio Into.

Queda tomada razon de este superior despacho en el libro re-
spectivo.
MORENO.

No. 602.—Francisco Pico.—Las Calaveras.
H. H. No. 1, annexed to the depo. of Wm. A. on taken
before Commissioner Hiland Hall.

Filed in office February 19th, 1853.

GEO. — Sec
tecorded in Rec. of Evid., vol. 18, p. 519.

OFFICE OF THE SURVEYOR GENERAL OF THE
UNITED STATES FOR CALIFORNIA.

I, John C. Hays, surveyor general of the United States for the
State of California, and as such, having on file in my office, and
in my charge and custody, the records and papers of the late board
of United States commissioners to ascertain and settle the private
land claims in California, by virtue of the power vested in me
by law, do hereby certify, that the four preceding and hereunto
annexed pages of tracing paper exhibit a true and accurate copy

a a . Z

-_ Nee

The United States vs. Pico et al. | 17

of a certain document filed in case No. 602 on the docket of said
board, (with the endorsements thereon,) and now on file in this
office.

In testimony whereof, I have hereunto signed my name officially,
and caused my seal of office to be affixed, at the city of
San Francisco, this 13th day of August, 1857.

JOHN C. HAYS,
U. S. Surveyor General for California.

| SEAL. |

Extract from the 2d section of the act of Congress ‘* providing
for the survey of public lands in California, and for other pur-

2?

poses,’ approved March 3d, 1855.

The Secretary of the Interior is hereby authorized to cause an
official seal to be prepared for “tu office of the said surveyor gene-

ral, (California,) and any copy or extract from the plats, field- notes,
ne other records and documents on file in his office, when attested
as such by the said seal and the signature of the surveyor general,
shall, in all judicial matter 8, have the same force and effect as the

original. -
Translation.
Pio Pico, Constitutional Governor of the Department of the Cali-
fornias.

[L. 8. ]

Whereas the citizen Francisco Pico has solicited for his personal
benefit the land known by the name of Arroyo de las Calaveras,
or the Bolsa de las Cuatro, bordering on the north on the same
Arroyo de las Calaveras, to the south on the land granted to Don
Guillermo Gulnac, and that of Don Andres Pico, to the east on
the plain, and to the west on Los Esteros, after having previously
made the necessary investigation, and taken the necessary action,
in exercise of the powers I am authorized by the supreme govern-
ment, in the name of the Mexican nation, I have concluded to
orant the said Pico the mentioned land, decl: wing it his property,
by these presents, in conformity with the law of “the 18th of Au-
gust, 1824, and regulations of 21st of November, 1828, under
reservation of the approbation of the excellent departmental as-
sembly, and under the following conditions:

Ist. He may fence it, without prejudice to the crossings, roads,
and servitudes; he will enjoy it freely and exclusively, appropri-
ating it to the use or alike. that may best suit him

2d. ‘He will solicit of the respective judge to give 1im juridical
possession in virtue of this document. by whom the boundaries are
to be marked with the respective landm: arks. 7

3d. ‘The land granted is eight square leagues (sitios de canado
mayor.) The judge who shall give the possession will cause it to
be measured ieaitaniie to ordinance, without prejudice to the

{Rec. cctxxvi, D. T., 1857.]—3

« MAP nh Seating a. 7;

18 The United States vs. Pico et ad.

lands granted to Gulnac and Pico, leaving the surplus that may
result to the benefit of the nation, for convenient purposes.

Consequently, I order that, the present title-deed being held |
firm and valid, ‘it be entered in the corresponding book, and de-
livered to the interested party for his security and other purposes.

Given in the city of Los Angeles, on this common paper, for
want of stamped paper, on the 20th of July, 1846.

PIO PICO. (Flourish.)
Jos—E Matias Morena,
(Flour ish,)
Sec’y Int.

This superior title remains entered in the respective book.

MORENO. (Flourish.)

I, J. Edgar Grymes, hereby certify that the above is a correct
translation, to the best of my ability, knowledge, and belief.

J. EDGAR GRYMES.

It is stipulated that the foregoing shall be admitted on the trial
of this case asa correct translation of the original document, a
traced copy of which is hereto attached.

STANLY & KING

For Claimants.
P. DELLA TORRE,

U, S. Attorney.

Endorsed: Filed November 9th, 1857.

JOHN A. MONROE, Clerk.
By J. EDGAR GRYMES, Deputy.

Deposition of Juan B. Alvarado.
United States District Court, northern district of California.

Francisco Pico et al.
VS.
Tue UNitep STATES.

SAN Francisco, November 9th, 1857.

On this day before J. Edgar Grymes, a special commissioner
and referee of the United States for the northern district of Cali-
fornia, duly authorized to administer oaths, &c., &c., came Juan
B. Alvarado, a witness produced on behalf of the claimants, 1 in
case No. 3! 9. being an appe: al from the board of commissioners
to ascertain and settle the private land claims in the State of Cali-
fornia, in case No. 602 on the docket of the said board of commis-
sioners, and was duly sworn and testified as follows.

Present, U.S. dist. att’y, and Stanly & King for claimants.

Questions by Claimant’s Counsel.
st ques. What is your name, age, and place of residence ?

The United States vs. Pico eé al.

Ist ans. My name is Juan B. Alvarado; I am 48 years old; and
I reside at San Francisco for the present.

2d ques. Please look at the paper produced from the surveyor
general’s office, purporting to be the original expediente in this
case, and of which a copy is to be found in the transcript; and if
So, please say if the handwriting of John A. Sutter, Francisco
Guerrero, Manuel Castro and Governor Pico, are their genuine sig-
natures?

2d ans. They are all their genuine signatures.

‘ Cross-examination.

3d ques. Is the signature dated Angeles, June 11th, 1846, at
the end of the expediente, the usual signature of Pico?

3d ans. I think that it is his usual signature. That is the way
that he commonly signed his name.

4th ques. Was Governor Pico in the habit of signing his name,
when governor, single Pico, er did he not sign Pio Pico ?

4th ans. He was in the habit of signing both ways. We call
when signed with one name, as Pico alone, ‘‘media firma.’’

5th ques. Look at the letter ‘‘P’’ in the word Pico, and state if
he usually wrote it like it is there?

5th ans. The top part of the ‘‘P’’ looks a little longer, but I
judge that the name was written in a hurry, and that is the way it
happened. Iam well acquainted with the handwriting of Pio Pico;
I have seen him write several times.

It is admitted that the original document here produced from
the surveyor general’s office is copied on pages 13 and 14 in the
transcript filed in this case, together with the map.

JUAN B. ALVARADO.

Sworn to and subscribed before me, this 9th day of November,

A. D. 1857. :
J. EDGAR GRYMES,
Special Commissioner.
Endorsed: Filed November 9th, 1857.
JOHN A. MONROE, Clerk.
By J. EDGAR GRYMES, Deputy.

Affidavit of David F’. Douglass.
In the District Court of the United States for the northern district
| of California.
Tue Unitep STATES ‘
Las Calaveras—No. 399.

VS
Francisco Pico. )
David F’. Douglass, being duly sworn, deposes and says: I came

to California in November, 1848, and settled on the river Cala-
veras in July, 1849, where 1] have made my home ever since; 1 am
acquainted de the rancho Las Calaveras; Antonio Maria Pico

$2. Gr Oe CRE a At a NE eC Sats ee - - se Snag _
est ea IR eh cai ela a CS NT ag Me Rn SS EB OT et
Ae area Samal eee eon : cis

20 The United States vs. Pico et al.

showed me the papers purporting to be the title-papers of this
ranch, in June or July, 1853, at a settler meeting in San Joaquin
county; I saw no improvements on the ranch, and am pretty well
acquainted with the whole of it; I have seen cattle all over it; I
never heard of the grant until the year 1853; I know of no im-
provements made by any of the claimants of this ranch upon it
since I first knew it. When I say, above, I saw no improvements
on the ranch, I mean when I first knew it. I saw no marks of
former inhabitation on the ranch, and never heard of any; there
were no cattle on it except Mr. Webber’s or Mr. Hitchcock’s, when
I knew it, and some of my own; and further deponent saith not.

DAVID F. DOUGLASS.

Sworn to before me.
JOHN A. MONROE,

U. S. Commissioner.

It is hereby stipulated that this affidavit be admitted as evidence,
as fully as if the deposition of the witnesses had been taken regu-
larly in all respects.

CALHOUN BENHAM,
On part of the United States.
STANLY & KING,
Attorneys for Claimants.

Endorsed: Filed December 17th, 1857.
JOHN A. MONROE, Clerk.

Payment to David EF’. Douglass.

At a stated term of the district court of the United States of
America for the northern district of California, held at the court-
room, in the city of San Francisco, on Thursday, the seventeenth
day of December, in the year of our Lord one thousand eight hun-
dred and fifty-seven. Present, the Honorable Ogden Hoffman, dis-
trict judge.

THe UNITED STATES
VS. No. 399.
F’RAnctsco Pico et al.

On application of P. Della Torre, esq., U. 8. attorney, it is or-
dered, that the marshal of the United States for this district pay
David I. Douglass the sum of one dollar and fifty cents, for one
day’s attendance as a witness in the above case on the part of the
U.S8., and the further sum of twelve dollars and fifty cents for his

mileage—250 miles, at dc.
OGDEN HOFFMAN,
U.S. Dist. Judge.

POA TEES Ne me Om

Endorsed: Filed December 17th, 1857.
JOHN A. MONROE, Clerk.

RIP RAR Dect eA ae eth chin eee RET APN oleae tdeeee sae aemdmebmaamamebesnua mitered reieden ee it t Ee .
- ’ 3 Paar D rope Lage , ai “a r

wy
ie.

2 SYS
The United States vs. Pico et al. 21

Nortuern District oF CALIFORNIA, 8s.
David F. Douglass, being duly sworn, says that, in obedience to
a writ of subpoena, he attended as a witness in the within case on
the part of the United States, and that he is justly and lawfully
entitled to the sum of fourteen dollars for his mileage and attend-
ance, and that he has received no part thereof.
DAVID F. DOUGLASS.
Sworn before me this 17th December, 1857.
J. EDGAR GRYMES,
Deputy Clerk.

Endorsed: Filed December 17th, 1857.
JOHN A. MONROE,
Clerk.
Stipulation and Affidamt of Thos. O. Larkin.
In the District Court of the United States for the northern district
of California.
Francisco Pico et al.
vs. No. 399.
Tue Unirep Starters.

It is hereby stipulated that the affidavit of any witness, of unex-
ceptionable character, proving the handwriting of John A. Sutter
to the expediente in this case, shall be admitted on the hearing of
this case as fully as if the deposition of the witness had been regu-
larly taken; with liberty to the United States to take any evidence
relating said affidavit, if deemed necessary by the district attor-

ney.
STANLY & KING,
For Claimant.
CALHOUN BENHAM,
On part of the United States.

Approved. P. DELLA TORRE,

| U. S. District Attorney.

In the District Court of the United States for the northern district
of California. |

Francisco Pico et — .

NctscO © 100 et al. ) No, 602 L. C.—p. No. 399 U. 8. Dist.
We ‘N
Tue Unrrep Sratss. an

Thomas QO. Larkin, being duly sworn, says he has examined the
expediente in this case, on file in the office of the surveyor general
of the United States, and the entry on said expediente purporting
to bein the handwriting of John A. Sutter, certifying the land
petitioned for was vacant; that he is acquainted with the hand-
writing of said Sutter, and believes the entry above referred to is
in his own proper handwriting; the entry referred to is in these

“

22 The United States vs. Pico et al.

words: Certifico que el terreno que solicita el Sefior Dn. Francisco
Pico esta valdio. )
Nueva Helvetia, Mayo 1, de 1846.
| J. A. SUTTER,
THOMAS QO. LARKIN.

Subscribed and sworn before me this 22d day of December, A.
D. 1857.
[ SEAL. ] F. J. THIBAULT,
Notary Public.

This affidavit of Thos. O. Larkin is admitted to be read on the
hearing of this case, according to the annexed stipulation.
Approved. CALHOUN BENHAM,
| For U.S.
. DELLA TORRE,
U. S. Dist. Att'y.

Endorsed: Filed December 23d, 1857.
JOHN A. MONROE,
Clerk.

Opinion delivered by his Honor Ogden Hoffman, Judge U. 8. Dist.

Court.

VS.
THe UNITep StATEs.

The expediente produced from the archives in this case contains
the following documents: |

1. A petition by the claimant to the justice of the peace and
military commander Don Juan A. Sutter, requesting a favorable
report for the grant of the land mentioned in the petition and de-
lineated on the map which accompanied it. This petition is dated
May 1, 1846. Inthe margin of this petition is a certificate by Sut-
ter, dated on the same day, that the land solicited is vacant.

2d. A petition by the claimant to the sub-prefect of the 2d district,
soliciting his report to accompany the representation and disefio pre-
viously presented to the judicial officer of said establishment, from
whom the petitioner had already obtained a certificate, so that fur-
ther proceedings may be taken with a thorough understanding of
the matter. This petition is dated May 8th, 1846. In the mar-

in is a note by Francisco Guerrero, dated May 12th, 1846, in
which he declines to act in the matter, not having the necessary
authority, and he refers it to the prefect of the 2d district, ‘‘to re-
solve what he shall deem proper.’’

3. A report of the prefect Manuel Castro, dated May 18th, 1846,
in which he states that in view of the petition, the report of the
sub-prefect, and that of the judge of Nueva Helvetia, the qualifica-
tions of the petitioner, and everything else, he is of opinion that

Francisco Pico et al. |

256
The United States vs. Pico et al. 23

the said party. may be granted the ownership of said land, ‘‘if it
shall appear convenient to your excellency.”’

3d. An order of the governor, as follows: ‘‘In view of the
reports contained in this expediente in favor of the interested party,
let the title issue to secure the ownership without prejudice to what
may belong to the bordering land owners.

‘‘Angeles, June 11th, 1846.

| PICO.”’

The claimant has also produced the final title issued in pursu-
ance of the above order; it is dated, however, on the 20th July,
1846, about 13 days after the capture of Monterey. The claim was
rejected by the board on the ground that the final title issued after
the occupation of the country by the American forces. It must be
admitted that after California was subjected to the American arms
no Mexican authority could do any act which could affect the rights
of the United States to the public property. U.S. vs. Fremont,
17 How., 563. ‘‘The civil and municipal officers who continued
to exercise their functions did so under the authority of the Ameri-
can Government.’’ Ib.

It is not, however, easy to determine the precise period at which
the Mexican authority ceased de facto to exist, and at which Cali-
fornia must be deemed to have been subjected to our arms. The
political branch of our Government seem to have indicated the 7th
July, 1846, the date of the capture of Monterey, as the period at
which the conquest is deemed to have been effected. Act of 1851,
§ 14. It is to be considered, however, that Los Angeles, the cap-
ital of the country, was not taken until some months later; the
governor continued in the exercise of his functions until August,
and regular sessions of the departmental assembly seem to have
been held for some time afterwards.

But assuming the earlier date as the period when‘the powers of
the Mexican functionaries ceased, the question arises whether the
circumstance that the final document issued 13 days after taking
of Monterey is a fatal objection to the claim.

From the expediente already referred to, we find that as early as
the month of May all the proceedings were had preliminary to the
issuance of the final document. A petition was presented with
favorable reports, and accompanied by:a desiiio; and the governor,
on the 11th June, accedes in effect to the petition, and orders the
final title to be issued to secure the ownership. So far as the gov-
ernor’s discretion was concerned he had fully exercised it, and had
determined to grant the land.

If the disturbed state of public affairs or the neglect of the secre-
tary have prevented the performance of the merely ministerial act
of drawing out the title in form and presenting it for signature of
the governor, it seems to us that such an omission ought not to

24 | The United States vs. Pico et al.

invalidate the inchoate or incipient title which the petitioner had
acquired by the previous proceedings.

In the case of Rafael Sanchez vs. The United States, which de-
pended on the same question as that raised in this case, the judge
of the southern district of this State decreed in favor of the claimant.
That decision has been acquiesced in by the United States, and the
appeal to the Supreme Court dismissed.

In the reasoning and conclusions of the court in that case we en-
tirely concur; and are of opinion that the petition, the favorable
reports, and the order of the governor directing the title to issue,
followed by the actual issuance of the title, at a period when the
governor could hardly have anticipated the consequences of the
capture of Monterey, and certainly before he could have been fully
satisfied that the sovereignty had finally passed away from Mexico,
constitute an equitable title, which the United States must respect.

A decree of confirmation must be entered. |

Decree of Confirmation.
In the District Court of the United States for the northern district
of California.

Francisco Pico, Appellant,

Vs.
Tur Unitep States, Appellees.

Docket No. 399, Transcript No. 602—‘‘Las Calaveras.’’—Decree
of Confirmation.

At a stated term, held January 9th, 1858. This cause coming
on this day to be heard upon the transcript of the proceedings and
the decision of the board of land commissioners of the United States
to ascertain and settle the private land claims in the State of Cali-
fornia, and the papers and evidence in the case and the pleadings
filed in this court, and counsel having been heard on the part of
the United States and for the claimant—in consideration of all
which the court is of opinion that there is error in the decision
of the said board, and that the same should be, and is hereby, re-
versed,

And this court doth order, adjudge, and decree that the title of
the said claimant to the land described in the said transcript is
valid; and the same is hereby confirmed.

The land of which confirmation is hereby made is of the extent
of eight square leagues, and no more, and is known by the name
of ‘‘Arroyo de las Calaveras,’’ bordering on the north on the said
arroyo de las Calaveras, to the south on the lands granted to Don
Guillermo Gulnac and that of Don Andres Pico, to the east on‘the
plain, and to the west on Las Esteros, as represented on the map
or disefio forming a part of the espediente, and of which a copy is
filed with the papers of the case, and to which reference is to be
had for a more particular identification of the tract hereby con-

L997
The Unted States vs. Pico et al. 25

firmed; provided, that the said quantity of eight square leagues
should be contained within the limits and boundaries so described;
but if they should embrace a less area, then that lesser area is

hereby confirmed, and no more.
OGDEN HOFFMAN,
U.S. Dist. Judge.
Endorsed: Filed January 9th, 1858.
| JOHN A. MONROE, Clerk.
By W. H. CHEVERS, Deputy.

Order granting Appeal.

At a stated term of the district court of the United States of
America, for the northern district of California, held at the court-
room in the city of San Francisco, on Tuesday, the second day of
February, in the year of our Lord one thousand eight hundred
and fifty-eight. Present, the Honorable Ogden Hoffman, district

judge.
Tue Untrep STATES

ads. No. 399.—L. C. 302.
Francisco Pico et al.

In this case, on application of P. Della Torre, esq., United States
attorney, made in open court, it is ordered by the court that an
appeal on behalf of the United States from the final decision of this
court, rendered in said cause at the present term, be, and the same
is hereby, granted; and that a certified transcript of the pleadings,
evidence, depositions, and proceedings in the said cause be sent to
the Supreme Court of the United States without delay.

OGDEN HOFFMAN,
U.S. Dist. Judge.

Endorsed: Filed February 2d, 1858.

JOHN A. MONROE, Clerk.
By W. H. CHEVERS, Deputy.

I, John A. Monroe, clerk of the district court of the United States
for the northern district of California, do hereby certify that the an-
nexed pages, from one to forty-eight inclusive, contain a full, true,
and correct transcript of the record on file from the board of land
commissioners, together with the pleadings, depositions, orders,
opinion, and decree filed in this office in the case entitled The
United States, appellants, vs. Francisco Pico et al., appellees.

In testimony whereof, I have hereunto set my hand and affixed

the seal of the said court, the third day of February,

[seaL.] A. D. 1858, and of the independence of the United

States of America the eighty-second.

JOHN A. MONROE, Clerk.
By W. H. CHEVERS, Deputy.

Filed 30th April, 1858.
(Rec. conxxvi, D. T., 1857. |—4

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Aper_scotus_1855_276%3A0. Public record. Not legal advice.