THE MEXICAN LAND GRANTS OF SONOMA
COUNTY
RANCHOS: Musalacon - Cotate - Guilicos - Canada de
Pogolome - LLano de Santa Rosa - El
Molino - Huichica - Yulupa - Guenoc - Sotoyome - Bodega -
Blucher - Callayomi -
Muniz - Laguna de San Antonio - Arroyo de San Antonio -
Seno de Malacomes -
Roblar de La Miseria - Canada de La Jonive - Estero
Americano - German -
Petaluma - San Miguel Tzabaco - Caslamayome - Careza de
Santa Rosa - Agua
Caliente - Founding of Spanish Missions.
_____________________________________________________________________
In glancing at the heading of this chapter
we must ask the reader not to indulge in the vain hope that a full history
of the grants comprised within the limits of what is now known as Sonoma
County will be found; such, indeed, would be beyond the limits of this work
even had we at hand the infinity of resources to be found in the hundreds of
cases which have arisen out of them. Our compilation must of necessity be
accepted in its crude state. We have striven to our utmost capability to
produce some information which would combine both usefulness and
correctness, and to this end have relied chiefly on the information
contained in a legal work on whose title page is the legend: "Reports of
Land Cases determined in the United States District Court for the Northern
District of California. June Term 1853 to June Term 1858, inclusive, by
Ogden Hoffman, District Judge; San Francisco; Numa Hubert, Publisher,1862."
This valuable work has been most kindly and considerately placed at our
disposal by Judge Jackson Temple of the Twenty-second Judicial District of
California. The first case we find on page 78 of Vol. 1: --------
The United States, Apellants, vs.
Johnson HORRELL, claiming the Rancho Muscalacon. - This was a
claim for two leagues of land in Sonoma county, situated in Cloverdale
Township, confirmed by the Board of Commissioners, and appealed by the
United States. The claimants in this case produced the original grant made
by Governor Pio Pico to Francisco Berryesa on May 2, 1846. The record of the
approval of the concession by the Departmental Assembly was dated June 3,
1846. No doubt is suggested as to the genuineness of any of these documents.
The grantee appears within the year prescribed by the grant to have entered
into possession of his land and have resided in a wooden house built by him
upon it. He also placed upon it cattle, and commenced its cultivation. There
is no difficulty in identifying and locating the land by means of the
description in the grant and the map to which it refers, and which is
contained in the expediente. The commissioners in their opinion in this case
observe "that although the title was executed but a short time before the
American occupation, it appears to have been made in good faith, and with
due regard to the requirements of the law." The decision of the Board was
affirmed and a decree entered accordingly. On page 80 of the Appendix we
find: "Johnson Horrell et al., claimants for Rincon de Musalacon,
two square leagues, in Mendocino and Sonoma Counties, granted May 2, 1846,
by Pio Pico to Francisco Berryesa; claim filed February 11, 1853, confirmed
by the Commission December 12, 1854, by the District Court, January 14,
1856, and appeal dismissed April 2, 1857; containing 8,866.88 acres.
The United States, Apellants, vs
Thomas S. Page, claiming the Rancho Cotate. ---------This claim
which was for four leagues of land in Sonoma County situated partly in
Vallejo and partly in Santa Rosa townships, was confirmed by the Board, and
appealed by the United States. In this case the original grant was not
produced, but its existence and loss are proved beyond all reasonable doubt
by the depositions of the witnesses and the production of the expediente
from the archives containing the usual documents, and also a certificate of
approval by the departmental assembly. The grant is also mentioned in the
index of grants by the former government. No doubt was entertained by the
commissioners as to the sufficiency of the proofs on these points, nor is
any objection raised in the district court in regard to them. The evidence
discloses a full compliance with the conditions, and the description in the
grant and map determines its locality. No objection is raised on the part of
the appellants to the confirmation of this claim, and on looking over the
transcript the court did not perceive any reason to doubt its entire
validity. Page 48 of the Appendix tells us: "Thomas S. Page, claimant for
Cotate, four square leagues in Sonoma County, granted July 7, 1844, by
Manuel Micheltorena to Juan Castaneda; claim filed September 21, 1852,
confirmed by the Commission August 27, 1854, by the District Court January
14, 1856, and appeal dismissed March 21, 1857, containing; 17,238.60 acres.
Patented."
The United States, Apellants, vs.
Juan Wilson, claiming the Rancho Guilocos.------- "Claim for
tract of land, supposed to contain four leagues, in Sonoma County, situated
in Santa Rosa and Sonoma Townships, confirmed by the Board. No doubt is
suggested as to the authenticity of the documentary evidence submitted, and
the only point upon which a question was made was whether the grant and map
accompanying it sufficiently indicate the granted land - there being no
designation of the quantity or number of leagues in the original grant. The
grant bears date November 13, 1839, but was not issued until the 20th. The
signature of the Governor to the original grant is fully proved, and the
expediente produced from the archives containing the proceedings upon the
petition, the various orders of the Governor, and the decree of approval by
the Departmental Assembly. The requirements of the regulations of 1828 seem
to have been substantially complied with, and the land cultivated and
inhabited within reasonable time. With regard to locating the tract, there
seems to be no difficulty. The grant describes it as the parcel of land
known by the name of "Guilicos," within the boundaries shown in the map
which accompanies the petition. On inspecting the map, those boundaries
appear to be indicated with tolerable certainty, and it presumed that by
means of it no practical difficulty will be found by the surveyor in laying
off to the claimant his land. A decree of confirmation must therefore be
entered." Page 5, of the Appendix says: "Juan Wilson, claimant for Guilicos,
four square leagues, in Sonoma County, granted November 13, 1839, by Juan B.
Alvarado to John Wilson; claim filed February 10, 1852, confirmed by the
Commission December 27, 1853; by the District Court March 3, 1856, and
appeal dismissed December 8, 1856; containing, 18,833.86 acres." Patented.
The United States, Apellants, vs.
Antonia Cazares, claiming the Rancho Canada de Pogolome. ----------
"Claim for two leagues of land situated in Marin (and Sonoma) county, in
Bodega and Analy townships, confirmed by the Board, and appealed by the
United States." It appears from the documentary evidence in this case that
James Dawson, the deceased husband of the present claimant, on December 27,
1837, presented a petition to the commanding General, setting forth that he,
together with McIntosh and one James Black, had obtained a grant for the
place called "La Punta del Estero del Americano;" that he had built a house
upon it, and planted a large vineyard and an orchard with more than two
hundred fruit trees, and had placed upon it cattle, horses, etc. He further
represented that the grant had been obtained in partnership with the two
persons mentioned, but that McIntosh was attempting to eject him. He
therefore prayed that he might be protected in his rights.
The petitioner, though he had long
resided in the country, does not appear to have been naturalized at the time
of making this petition, but the documents show that letters of
naturalization were obtained by him on December 29, 1841.
On September 18, 1843, he renewed his
application to be put in possession of the land, and the Governor, to whom
this second petition was addressed, referred it to the Secretary for
information. By the reports of that officer it appears, that although the
petition for the land had been made to McIntosh solely, as he alone
possessed the essential requisite of being a naturalized Mexican citizen.
The secretary therefore suggests that, although the request of Dawson cannot
be granted, yet inasmuch as he had since been naturalized, and had married a
Mexican woman, his application for another piece of land should be favorably
considered.
The Governor, in accordance with this
suggestion, on October 21, 1843, ordered the proceedings to be returned to
the party interested for his information. It is presumed that it was in this
way that these documents came into the parties' possession, and are not now
found among the archives.
It does not appear that Dawson petitioned
for a grant before his death, which occurred very soon after; but a grant is
produced in which it is recited that his widow, the present claimant, has
sufficiently proved the right of her deceased husband to petition for the
land which she then occupied, and in consideration of the great losses
sustained by her husband on separating himself from McIntosh, and the
favorable reports, etc., the Governor grants to her the land solicited,
known by the name of the "Canada de Pogolome," to the extent of two square
leagues, a little more or less.
It is this land which is now claimed by
the appellee. This grant was issued on February 12, 1844, and it appears to
have been approved by the Departmental Assembly, on September 26, 1845. The
genuineness of the above documents is fully proved, and it is also shown
that the land was long occupied by Dawson before his decease, and since then
by the present claimant.
Although the expediente for this grant is
not among the archives, yet, as observed by the Commissioners, "its
notoriety, the long possession, and the circumstances surrounding it,
relieve it from any suspicion of fraud or forgery."
The boundaries, as well as the extent of
land, are specified in the grant, and indicated with evident precision on
the map to which it refers. We think, therefore, that the claim is valid and
ought to be confirmed."
Of this case, page 3, of the Appendix
says: "Antonia Cazares, claimant for Canada de Pogolome, two square leagues,
in Marin and Sonoma counties, granted February 12, 1844, by Manuel
Micheltorena to Antonia Cazares; claim filed February 3, 1852, confirmed by
the Commission April 11, 1853, by the District Court, March 24, 1856, and
appeal dismissed December 8, 1856, containing 8,780.81 acres."
The United States, Appellants, vs.
Joaquin Carrillo, claiming the Rancho Llano de Santa Rosa -
Claim for three leagues of land in Sonoma County (situated in Santa Rosa and
Analy townships), confirmed by the Board, and appealed by the United States.
"It appears from the expediente in this
case that the claimant, on June 22, 1843, petitioned Governor Micheltorena
for a grant of land on the plain adjoining the rancho of his mother. The
Governor, however, suspended action on the subject, as no judicial
measurement had been made of the adjoining ranchos, and the extent of the
sobrante or surplus reserved was not ascertained.
"On March 12, 1844, the claimant applied
to the Alcalde of the district for permission to sow, and build a house upon
the land, during the pendency of his application to the Governor for a
grant. The Alcalde granted him leave to sow the land, holding himself
responsible to the owners of the lands if there should be any damage, but he
refused him permission to build the house.
"The Secretary, to whom this second
petition was referred, reported favorably to it, and advised a grant of not
more than three square leagues, subject to the measurements of the adjoining
proprietors.
"In accordance with this report the grant
now produced was made; and it appears in evidence that he built, first, a
small house, and afterwards a very large one on the land, on which he has
continued ever since to reside. He has also cultivated from one to three
hundred acres of it with corn, barley, wheat, etc.
"The handwriting of the grant in the
possession of the party is fully proved, and there seems no reason to doubt
the entire validity of this claim.
"The map and the designation in the grant
of the colindantes or conterminous owners abundantly show the locality of
the tract granted; and the claimants title to the land solicited must be
confirmed to the extent of three leagues, subject to the measurement of the
land previously granted to the colindantes. The decision of the Board must,
therefore, be affirmed."
In reference to this case we find on page
35 of the appendix, "Joaquin Carrillo, claimant for Llano de Santa Rosa,
three square leaques, in Sonoma county, granted March 29, 1844, by Manuel
Micheltorena to Marcus West; claim filed May 31, 1852, confirmed by the
commission October 21, 1853, by the District Court, March 24, 1856, and
appeal dismissed January 13, 1857, containing 13,336.55 acres."
The UNITED STATES, Appellants, vs. JOHN B. R. COOPER,
claiming the Rancho El Molino. - Claim four leagues of land in
Sonoma County (situated in Santa Rosa, Analy and Russian River
townships), confirmed by the Board, and appealed by the United States.
"The claimant in this case, a
naturalized Mexican citizen, obtained in December, 1833, a grant from
the Governor for the place called Rio Ayoska. This grant was approved by
the Departmental Assembly, and a certificate of its confirmation
delivered to the grantee, as appears from the testimony, and the
expediente filed in this case.
"He subsequently appealed to the
Governor for an exchange of the land granted for that now claimed by
him. Proceedings on this application were commenced by Governor
Figueroa, and the new grant was made, as desired by the petitioner, by
Governor Gutierrez, on February 24, 1836.
"These facts are proved by the
testimony of Hartnell and Vallejo, whose evidence is corroborated by the
expediente on file in the archives.
"The genuineness of the grant is fully
established.
"Previously to obtaining the last
grant, the claimant had gone into possession of the tract solicited, and
had built a house upon it. He also had, as early as 1834, placed a
considerable number of cattle upon it, and had commenced the erection of
a mill, upon which he expended more than ten thousand dollars. He also
erected a blacksmith shop, and for two years had employed upon his
rancho men to the average number of sixteen, and sometimes thirty or
forty Indians.
"It is clear that the grantee
fulfilled the conditions and carried out the objects of the colonization
laws to an extent very unusual in the then condition of the country.
"With regard to the location of the
land, it appears from the testimony of O'Farrell and other witnesses,
who are acquainted with the adjacent country, that there is no
difficulty in ascertaining its locality by means of the diseno which
accompanies the grant. O'Farrell, who had long been a surveyor under the
Mexicans, testifies that he has, by means of the grant and the diseno,
made a survey of the land, and that it contains, as surveyed by him,
only the quantity specified in the grant.
The claim was held to be valid by the
Board. No objections to it are suggested on the part of the United
States, and we are of opinion that the decision of the Board should be
affirmed."
Page 27 of the Appendix, in regard to
this grant, remarks: "John B. R. Cooper claimant for El Molino or Rio
Ayoska, ten and one-half square leagues, in Sonoma County, granted
December 31, 1833 by Jose Figueroa, February 24, 1836, by Nicholas
Gutierrez, to J. B. R. Cooper; claimed filed April 20, 1852, confirmed
by the Commission November 14, 1854, by the District Court March 24,
1856, and appeal dismissed December 15, 1856; containing 17,892,42
acres. Patented."
The UNITED STATES, Apellants, vs.
Jacob P. Lesse, claiming the Rancho Huichica. - Claim for
five leagues of land in Sonoma County, (situated in Sonoma Town-ship)
confirmed by the Board and appealed by the United States.
"The claimant in this case obtained on
October 21, 1841, a grant from Manuel Jimeno, acting Governor of
California, for two square leagues of land, as designated on the map
which accompanied his petition. Juridicial possession was given of the
tract as delineated on the map, but the extent of land measured to him
largely exceeded the quantity mentioned in the grant. He thereupon
petitioned for an augmentation, and on July 6, 1844, he obtained from
Governor Micheltorena an additional grant for three and one-half
leagues, making in all five leagues and a half, The proofs show that as
early as 1839, the land was occupied, and a house built upon it. The
grantee also placed there cattle and horses, and cultivated about two
hundred acres of land. He has ever since continued to occupy it.
"The authenticity of the grant is
shown by proof of the genuineness of the signatures, and the production
of the expediente from the archives of the former government. The claim
was confirmed by the Board, and no objections to it are suggested in
this Court. A decree of confirmation must therefore be entered."
We find on page 23 of the Appendix the
following: "Jacob P. Leese, claimant for Huichaca, two square leagues,
in Sonoma county, granted October 26, 1841, by Manuel Jimeno, and July
6, 1844, by Manuel Micheltorena, to J. P. Leese; claim filed April 6,
1852, confirmed by the Commission April 18, 1853, by the District Court,
April 22, 1856, and appeal dismissed December 24, 1856; containing
18,704,04 acres. Patented."
MARIANO G. VALLEJO, Claiming the
Rancho Yulupa, vs. The UNITED STATES. - Claim for three leagues of
land in Sonoma County, rejected by the Board, and appealed by the
claimant.
"The claimant in this case has
produced the original grant by Governor Michel-torena to Miguel
Alvarado, dated November 23,1844.
"This grant was approved by the
Departmental Assembly on February 18, 1845.
"The genuineness of the grant is fully
proved, and the occupation of and the cultivation of a portion of the
land established by testimony. The claim was rejected by the Board for
the reason that the tract granted was not segregated from the public
domain.
The land is described in the grant as
known by the name of Yulupa, and bounded by the ranchos of Petaluma,
Cotate, Santa Rosa, and Los Guilicos. Jasper O'Farrell, who was a
government surveyor in 1847, and 1848, and as such surveyed several
ranchos in the vicinity, states that he knows the latter well, and that
the Rancho Yulupa is situated between them; that it is near the town of
Sonoma, and can easily be segregated from the adjoining ranchos. Julio
Carrillo testifies that he has known the lands of Yulupa since 1838; and
that it lies between the ranchos of "Petaluma," "Cotate," "Santa Rosa,"
and "Guilicos;" that it contains about three leagues and is well known.
The witness further states that Alvarado built a house on the land, and
occupied it with cattle and horses in 1843 or 1844.
The evidence of these and other
witnesses whose testimony has been taken in this Court on appeal,
sufficiently, in my opinion, establishes the identity of the land,
granted to Alvarado, and removes the only objection urged to a
confirmation of the claim. A decree of confirmation must therefore be
entered."
On page 35 of the Appendix it is
recorded : "Mariano Guadalupe Vallejo claimant for Yulupa, three square
leagues, in Sonoma County, granted November 23, 1844, by Manuel
Micheltorena to Miguel Alvarado; claim filed May 31, 1852, rejected by
the Commission May 10, 1854; confirmed by the District Court January 21,
1857; decree reversed by the United States Supreme Court and cause
remanded for further evidence.
So far unfortunately do these cases go,
we are, therefore, constrained to proceed to what information can be
gleaned out of the Appendix, from which the following quotations are
taken: -
Archibald M. Ritchie, claimant for
Guenoc, six square leagues, in Sonoma County, granted May 8, 1845, by
Pio Pico to George Rock; claim filed January 27, 1852; confirmed by the
Commission December 18, 1852, and appeal dismissed December 15, 1856;
containing 21,220.03 acres. Vide page 3, Appendix Hoffman's Reports,
Vol. 1.
Josefa Carrillo Fitch, et el.,
claimants for Sotoyome, eight square leagues, in Sonoma and Mendocino
counties (situated in Mendocino and Russian River townships), granted
September 28, 1841, by Manuel Micheltorena to Henry D. Fitch; claim
filed February 2,1852, confirmed by the commission April 18, 1853, and
appeal dismissed November 17, 1857; containing 48,836.51 acres.
Patented. Vide page 3, App. Hoffman's Reports, Vol. 1.
Stephen Smith and Manuela T. Curtis,
claimants for Bodega, eight square leagues, in Sonoma County, (situated
in Bodega and Ocean townships), granted September 14, 1844, by Manuel
Micheltorena to Stephen Smith; claim filed February 9, 1852, confirmed
by the Commission February 21, 1853, by the District Court July 5, 1855,
and appeal dismissed April 2, 1857; containing 35,487.53 acres.
Patented. Vide page 4, Hoffman's Reports, Vol. 1.
Archibald A. Ritchie and Paul S.
Forbes, claimants for Callayome, three square leagues in Sonoma County
granted January 17, 1845, by Manuel Micheltorena to Robert F. Ridley;
claim filed February 12, 1852; confirmed by the Commission December 22,
1852, and appeal dismissed December 8, 1856; containing 8,241.74 acres.
Vide page 6. Appendix Hoffman's Reports, Vol 1.
Manuel Torres, claimant for Muniz,
four square leagues in Mendocino county (now Sonoma, situated in Ocean
and Salt Point townships), granted December 4, 1845, by Pio Pico to
Manuel Torres; claim filed February 17, 1852; confirmed by the
Commission December 27, 1853, by the District Court, October 17, 1855,
and appeal dismissed May 7, 1857; containing 17,760.75 acres. Patented.
Vide page 7, Appendix Hoffman's Reports, Vol. 1.
Bartolome Bojorquez, claimant for
Laguna de San Antonio, six square leagues in Marin County (a great part
in Sonoma County, Petaluma Township), granted November 5, 1845, by Pio
Pico to B. Bojorquez; claim filed February 17, 1852; confirmed by the
Commission October 12, 1853, by the District Court September 10, 1855,
and appeal dismissed November 24, 1856; containing 24,903.42 acres. Vide
page 7, Appendix Hoffman's Reports, Vol. 1.
Thomas B. Valentine, claimant for
Arroyo de San Antonio, three square leagues in Marin County (partly in
Sonoma County, Petaluma Township), granted October 8, 1844, by Manuel
Micheltorena to Juan Miranda; claim filed February 17, 1852, and
discontinued February 6, 1855. Not confirmed. Vide page 7, Appendix
Hoffman's Reports, Vol. 1; and History of Petaluma Township in this
work.
Jose de los Santos Berrysea, claimant
for Seno de Melacomes or Moristal y Plan de Agua Caliente, four leagues
in Sonoma County (situated in Knight's Valley township), granted October
14, 1843, by Manuel Micheltorena to Jose de los Santos Berryesa; claim
filed February 20, 1852; confirmed by the Commission June 27, 1854, by
the District Court December 24, 1856, and appeal dismissed November 24,
1856; containing 12,540.22 acres. Vide page 9, Appendix Hoffman's
Reports, Vol. 1.
Lovett P. Rockwell and Thomas P.
Knight, claimants for portion of Malacomes or Moristal, No. 58, two
square leagues in Sonoma County (situated in Knight's Valley township),
granted October 14, 1843, by Manuel Micheltorena to Jose de los Santos
Berrysea; claim filed February 20, 1852; confirmed by the Commission,
August 29, 1854, and appeal dismissed November 24, 1856; containing
8,328.85 acres. Vide page 9, Appendix Hoffman's Reports, Vol. 1.
David Wright et al., claimant
for Roblar de la Miseria, four square leagues in Sonoma County (situated
in Petaluma township), granted November 21, 1845, by Pio Pico to Juan
Nepomasena Padillo; claim filed February 24, 1852; Confirmed by the
Commission, February 14, 1853, by the District Court September 10, 1855,
and appeal dismissed December 8, 1856; containing 16,887.45 acres. Vide
page 10, Appendix Hoffman's Reports, Vol. 1.
Jasper O'Farrell, Claimant for Canada
de la Jonive, two square leagues in Sonoma County (situated in Analy and
Bodega townships), granted February 5, 1845, by Pio Pico to James Black;
claim filed March 2, 1852; confirmed by the Commission April 18, 1853,
by the District Court July 16,1855, and appeal dismissed December 22,
1856; containing 10,786.51 acres. Patented. Vide page 12, Appendix
Hoffman's Reports, Vol. 1.