Robert Cooper Grier

“ Hence, the caution exhibited in requiring the approval of the supreme government 'to grants made to impresarios for them to 'colonize with many families.' But while a judicious policy might forbid the settlement of large bodies of foreigners on the boundaries and sea-coast, we cannot impute to them the weakness, or folly, of confining their native citizens to the interior, and thus leaving their sea-coast a wilderness without population. On the contrary, the same considerations of policy which excluded foreigners, would encourage the settlement of natives within those bounds. ”

“ These are all the sections of the act which refer directly to colonization. The subjects of it are called 'foreigners' throughout. They are the only persons to whom the fourth section has any reference or application.
The 9th section first speaks of the 'distribution of lands' to individuals and families, as distinguished from colonists, and provides that Mexican citizens should be preferred, without distinction of classes, except as to those who have rendered special service to their country. ”

“ The claimants in this case presented their petition to the commissioners for settling private land claims in California, praying to have their title confirmed 'to a certain tract of land called the 'Rancho de las Pulgas." They allege that this tract contains twelve square leagues of land, having a front on the bay of San Francisco of four leagues, bounded southerly by a creek called San Francisquito, and northerly by the San Mateo, and extending back from the bay some three leagues to the sierra or range of mountains, so as to include the valley, or Ca nada de Raymundo. ”

“ The first section speaks of the subjects of such colonizaion as 'foreigners.' It guarantees to them security of person and property. The second and third describe the lands open to such colonists, and requires the states to make rules and regulations for colonization within their limits. The fourth (whose construction is now under consideration) forbids the colonization of the territory comprehended within twenty leagues of the boundaries of any foreign state, and within ten leagues of the sea-coast, without the consent of the supreme executive power. ”

“ But the second witness describes it as 'about four leagues' from creek to creek, and 'one league' from the estuary to the mountains covered with trees.' The third as 'four leagues from creek to creek and one league from the estuary to the mountains covered with trees, of the Ca nada Raymundo.' The petitioner did not exhibit any documentary evidence of a prior grant of any given quantity of land, or setting forth any certain boundary, nor did the witnesses pretend to have ever seen any. ”

“ The king's cattle, as well as those of the commandant, were pastured on it as late as 1821. After the death of Don Jose, his son and successor in office, Don Luis, continued the occupation of it, by his herds and herdsmen. ”

“ And as to the portion of the premises described in said petition, which is not included within the boundaries above mentioned, the claim of the petitioners is adjudged not to be valid.
No. 77. ARGUELLO et al. v. ”