Samuel Nelson

“ The permit to take possession of the tract, in connection with the short and unsubstantial character of the possession, is not of much importance in making out the claim. Vallejo had no power to dispose of the public lands. We do not understand that his permission to occupy, as director of colonization on the frontiers, laid the Governor or Mexican Government under any obligations to grant the title. If followed by valuable and permanent improvements, considerations might arise in favor of a claimant that should influence a Government, when called upon to grant the property to another. ”

“ The absence of any record evidence is remarkable, if the title is genuine, as one of the grantees, Juan Antonio Vallejo, resided at the time in Monterey, where these records were kept, and where all the formalities of a regular Mexican grant might readily have been complied with. The parties, also, were men of more than ordinary intelligence, and belong to one of the most influential Mexican families of the Territory, and doubtless well understood the regulations concerning grants of the public domain. ”

“ Every part of these directions, including the furnishing a map, stands upon the same ground. The regulation merely directs what is deemed proper to be done, but declares no consequences if there shall be omissions. Being merely directory, if not strictly pursued, it does not affect the rights of the party receiving the grant. It is not probable that, in all the cases confirmed by this court, there is one where the petition has conformed in every particular with this regulation. By the regulation, a map is just as essential as a petition. ”

“ Under such circumstances, where the claimants made distinct proof of a fact, if they swore but a single witness to prove it, they had a clear right to consider such fact sufficiently proved, and this court must so consider it. ”

“ Under date of March 15th, 1839, the senior commandant general, M. G. Vallejo, a brother of the petitioners, accedes to their petition so far as to permit them to occupy the tract, but, for the accomplishment of the object, they must hasten to ask a confirmation from the Departmental Government, which will issue the customary titles; and, at the same time, they must endeavor to reduce the wild nature of the Indians, assuring them that the Government wishes a treaty and friendship with them. ”

“ There is also a fact stated by the witness Vallejo himself, that is calculated to excite distrust as to the extent of the possession and occupation, and for the purpose stated. He says that there were constant revolutions among the Indians at the time; that it was unsafe for families to live there, and that the alcalde at Sonoma refused to deliver him judicial possession in 1845, on account of the danger.
It is quite apparent, also, from the testimony of this witness, that the huts built for the herdsmen of the cattle were of a most unsubstantial and temporary character. ”

“ She gave them away to have them used, and they were principally used for raising horses and cattle. This very grant was applied to that purpose as soon as it was safe to put cattle and horses there, and as early as Fremont took possession of the Alvarado grant. The Government got all it expected from this or any other grantee. If Mexico had not ceded to the United States, there can be no pretence that, under her usages and customs, this grant would have been held a nullity by her judicial or other authorities. ”

“ The signatures of M. G. Vallejo to the permit of occupation, and of Micheltorena and F. C. Arce, the Governor and acting secretary, are genuine, if three witnesses are to be believed Castenada, W. D. M. Howard, and Salvador Vallejo, one of the original grantees. The proof of possession and occupation is slight, and not entitled to much consideration, in passing upon the equity or justice of the title, or even upon its bona fides. ”

“ Proof of the genuineness of these alone can never be regarded as satisfactory. It must be carried farther by the claimant. The record proof is, generally speaking, the highest. Possession and occupation of some duration, permanency, and value, are next entitled to weight.
At least, satisfactory evidence should be required, under the circumstances in which most of these Mexican grants were made, as to make the ante-dating of any given grant irreconcilable with the proof ”