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Bailey, United States navy, Chaplain Walter Colton, United States navy, then acting in the capacity of alcalde of Monterey, and Captain C. Q. Tompkins, United States army, the land situated between the ravines marked A and B in the accompanying field map of Fort Hill, Monterey, California, by Lieutenant W. H. Warner, United States army, and did then inform the aforementioned persons that such land would be required for government purposes in the defence, by fortifications, of the port of Monterey, and that no part of it ought to be sold or otherwise disposed of.
And I do further certify that, between the 28th of January aforesaid and the 11th of February, 1847, on several occasions I informed the said Commodore W. Branford Shubrick and the said Theodorus Bailey that the land about Monterey redoubt and the old Mexican fort, near the beach, lying within the limits aforesaid, was absolutely essential to government for the purposes of fortifying the port of Monterey, and ought not to be sold to, or purchased by, any private individual.
And I do further certify that, on the 27th day of February, 1847, being told by the said Lieutenant Commanding Bailey that he was about to purchase “ certain lands near the old Mexican fort," I informed him that such lands were required for government purposes, and, if legally sold to him, government would afterwards be obliged to purchase them back, and that, therefore. I thought such purchase ought not to be made.
And I do further certify that, on the 27th of February aforesaid, I called the attention of Brigadier General Kearny to the fact that sales of public lands which would eventually be required for public purposes were about to be made by the alcalde of Monterey, notwithstanding that he, the alcalde, had been informed that such lands were required for the . public service, and did then request the said General Kearny to use his authority to prevent the completion of such sales, to which General Kearny replied that he would forbid the sales.
H. WAGER HALLECK,
Lieutenant of Engineers.
NOTE.— The survey referred to in the accompanying letters of Alcalde Colton, dated March 23 and August 10, 1848, was a copy of that portion of the field map of Lieutenant Warner bounded by the strong red lines in the attached map.
H. WAGER HALLECK,
Lieutenant of Engineers. MONTEREY, CALIFORNIA, August 10, 1848.
Monterey, June 16, 1847. Sır: I am, by purchase from Don Benito Diaz, of this town, owner of a certain piece or tract of land near the town of San Francisco, formerly called Yerba Buena; which tract of land, containing two leagues, more or less, running from the lagoon de " Loma Alta" to Punta de Lobos, em.
bracing the old presidio and old castle, for many years abandoned, was deeded and granted on the 25th day of June, 1846, to said Diaz by Pio Pico, at that time governor of California ; and on the nineteenth day of September, same year, sold and conveyed to me by said Diaz, for a valuable consideration, and by the alcalde of the jurisdiction of San Francisco. I was put into possession of the same, and at this present time a part of the land is occupied by my agent.
All the deeds, transfers, and papers of possession relative to said land, are in my hands, subject to your inspection.
In the month of May last, while at San Francisco, I went over this land with Jasper 0. Farrel, surveyor, and found that some of the troops of the government of the United States were in possession of the abovementioned presidio; that they were living there; that they had torn down some of the buildings to repair others, and in some cases were putting new roofs on the houses.
I therefore take this opportunity to inform you of the state of affairs respecting my said land, and personally protest against my said property being used by person or persons privately, or for the government, without a due consideration being paid to me; and further protest against any of the same in case of damages that may be sustained by me now or here. after.
Your attention as governor of California to this subject is respectfully solicited by your most obedient servant,
THOMAS O. LARKIN. - Col. R. B. MASON,
Governor of the Territory of California.
Nore.- The following documents, numbered 1, 2, 3, and 4, are copies of the papers presented by Mr. Larkin in proof of the legality of his claim:
Pio Pico, first member of the departmental assembly and constitutional
governor of California.
Whereas D. Benito Diaz has solicited for his personal benefit, and that of his family, the land known by the name of Punta de Lobos, situated in the port of San Francisco, the necessary investigations having been previously made, I have, in virtue of the faculties conferred upon me, granted to him in the name of the Mexican nation, by a decree of this day, the said land, declaring to him the ownership thereof by these presents, in conformity with the law of 18th August, 1824, and the regulation of 21st November, 1828, subject to the approval of the most excellent departmental assembly, and to the following conditions :
ist. He may fence it in without prejudice to the highways, roads, and privileges, destining it to the use or cultivation which may best suit him.
2d. He shall ask for the judicial possession from the respective magis. trate in virtue of this despatch, and the boundary shall be marked by his authority with the respective landmarks.
3d. The land of which donation is made to him consists of two square leagues, (dos sitios de ganado mayor) a little more or less, comprehending
from the lagoon of the high hill to the Punta de Lobos, and the same which is shown by the map which accompanies the documents. The magistrate who gives possession shall have it measured according to law. I consequently command, that holding the present title as firm and valid, a record be kept thereof in the corresponding book, and it be delivered to the party interested for his security and oiher ends.
Given in the city of Los Angeles on the twenty-fifth day of June, eighteen hundred and forty-six, on this common paper for want of sealed paper. (1. s.]
PIO PICO. MATIAS MORENO,
Secretary ad interim.
This title has been recorded in the corresponding book.
No. 2. In the port of Monterey, Upper California, on the nineteenth day of September, eighteen hundred and forty-six, before me, Walter Colton, justice of the peace of this district, and before the undersigned witnesses, appeared Don Benito Diaz, and said, that, in his own name and in that of his wife, Dona Luisa Soto de Diaz, and other heirs and successors, and whoever, through them, may have any kind of title, voice, or fame, that he sells and gives in public sale and perpetual alienation, in right of inheritance, and forever and ever, to Mr. Thomas 0. Larkin, resident of this place, a land of which he is owner, in virtue of a grant made to him by his Excellency the governor of the department, Don Pio Pico, according to the title which accompanies the present writing, dated the twentyfisih of June of the present year, which land is composed of two square leagues, a litile more or less, situated in the entranee and port of San Francisco, with the boundaries mentioned in said title, which are from the lagoon of the high hill to the Punta de Lobos. The seller declares that he has neither alienated nor mortgaged it, and that it is free from all public burdens; and, as such, he sells it for the price of one thousand dollars in common silver coin, which he has received to his entire satisfaction; that, from this time, he renounces, and separates himself from the dominion, ownership, and every other right which he may have to said land, renouncing and transferring it to the buyer, that he may dispose of it as of a thing which belongs to him, the settler binding himself that this sale shall be to the purchaser certain, sure, and effective, and that no lawsuit shall molest nor move him.
In testimony whereof, he signed it with me and the two subscribing witnesses.
Chief Magistrate, Monterey.
JOSE JOAQUIN GOMEZ.