CORNELL UNIVERSITY LIBRARY Cornell University Library HD226.L73 W74 1853 Pamphlet relating to the claim of Senor olin 3 1924 030 043 412 Cornell University Library The original of tliis book is in tlie Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030043412 A PAMPHLET UBtAnHO TO TIA' CLAIM OF Sllit DOI mi \. LIHANTOl, FOUR LEAGUES OF LAND COMTY ftDJOOTNG AND NEAR THE CITY OP SAN FRANCISCO, / CA'L'TFQKNiA. \ •• • ' / 'N PUBLISHED BY ORDER OF THE CLAIMANT. SAN FRANCISCO: WHITTOK, TOWNE & CO., PRINTERS, EXCELSIOR JOB OFFICE, So. 151 CLAr Stkeet, imsD door below Mohtgomeet. 1853. 7^ "THE LIMANTOUR CLAIM." TO THE PUBLIC. In the month of February, 1 853, Jose Y. Limantour presented his petition to the Honorable the Board of Land Commissioners appointed to ascertain and settle private land claims in the State of California, to have confirmed to him two certain tracts of land, situate in the county of San Francisco. The lands- claimed were described in the petition. Soon after Mr. Limantour had presented his petition to the Board of Commissioners, the press called public attention to the claim, published the petition, commented upon it with great severity, and evinced an evident intent to prejudice the public mind against it. From that time to the present, there has occasionally appeared, in some of the city papers, notices of the " Limantour Claim," with hints, inuendoes and imputations of fraud or forgery, or some other dark crime, as connected with it. Not a few individuals, pretending to claim large tracts of very valuable land within the boundaries of the Limantour claim,, have been busy in their street conversations, in denouncing the claim as false and fraudulent. "While these charges have been freely made, unaccompanied and unsustained by the slightest show of evidence, Mr, Limantour has pursued the even tenor of his way, submitting, his papers and his documentary evidence, taking his proofs in the legal form and preparing, in a quiet, unostentatious manner, to submit his claim to the consideration of the enlightened tribunal established by law to pass upon its validity. Severe newspaper articles, false rumors and slanderous imputations, he has not thought it worth his while, hitherto, to notice. He does not feel that his duty to himself, considering the right which he has, in common with all his fellow-men, to protect his own good name and credit, nor that his duty to the public requires him longer to remain silent; he therefore instructs the undersigned, his agent and attorney, to prepare a plain statement of the facts of his case — to present therein, fairly, his documentary and other evidence, that the same may be laid before the public in a pamphlet form- — that all who have an interest or a desire, may refer to it for the purpose of satisfying their own minds, from their own examination, of the truth and validity — or the falsity and fraud of his claim to the lands described in his petition. In performing the duty required of the undersigned, by his client, it is proper to inform the public who Senor Jose Yves LiMANTOUR is, and briefly to state the business to which he has devoted himself for the last fifteen years of his life. He is by birth a Frenchman, and he still claims France as the country to which he owes allegiance. His early life he passed upon the sea, engaged in navigation and commerce. In the year 1831, he came from France to the port of Vera Cruz, in Mexico, and for several years subsequent to that period, was engaged in commercial enterprises from his native country to that, the most important Mexican port on the Gulf. In the year 1836, Mr. Limantour came round into the Pacific, and prosecuted his business along the coast of that ocean, from Lima northward. Since the time last mentioned, this Pacific coast has been the theatre of his navigating and commercial operations. In the month of September 1841, he made a voyage to the ports of Mexico and Lower and Upper California. On the 26th day of October, A. D. 1841, while attempting to make the entrance of the Bay of San Francisco, he had the misfortune to lose his vessel, the Ayncucho, on the point El Reyes. His vessel was lost, but some portion of the cargo was saved. By the aid and kind assistance of some people at Saucelito, Sonoma and other places, his money, goods and merchandize were saved from the wreck of his vessel, and he was enabled to reach this place, then called Yerba Buena. Mr. Limantour was detained here nearly a whole year, being unable to procure a suitable vessel to get away, with safety to himself and the property which he had secured from his lost ship. I must request those who think proper to read this statement, to note this date, viz : the last of October or first of November, 1841) when Mr. Limantour arrived here in Yerba Buena, as then called, now San Francisco, and the fact of his detention here until the autumn of the year 1842. During his stay here he had abundant opportunity, and he availed himself of it, to become intimately acquainted with this wonderful Bay of San Francisco — the country around it, and particularly with the little town of Yerba Buena — then just beginning to assume some importance in the eye of an experienced, practical navigator and a diligent, sagacious, skiUful merchant In December, A. D. 1841, while Mr. Limantour resided on the then almost desert shore of Yerba Buena, a vessel came into the Bay from Oregon with several of the officers of the Hudson's Bay Company on board. Amongst the passengers on that vessel was an agent of the French Government, Mr. Duflot de Maufras, who had been sent on a special mission to this coast with a view of enlightening them on the resources and the importance of California and Oregon. M. Duflot de Maufras, who has since published an elaborate and able work on California, having learned on his arrival that there was a countryman of his at Yerba Buena, sought him out and imparted to him the impression he and the English officers entertained of the importance of the Bay of San Francisco, commercially, as well as politically, and the almost certainty of the country soon belonging to England, which was anxious to obtain it in payment of the debt due British capitalists by Mexico. M. de Maufras remarked that the whole conversation of the Hudson's Bay agents turned on that subject, and that if he, Mr. Limantour, " could obtain a grant of land on the Bay of San Francisco, he would one day be as rich as a prince.' Mr. Limantour replied — " Since your conviction is so strong in this respect, why don't you petition for them or buy them yourself?" "It is impossible," rejoined M. Duflot de Maufras; " I wear the public livery — I am a public servant — I must go through with the mission chalked out for me." This conversation settled deep into Mr. Limantour's mind and had a powerful influence with him in the bargain he subsequently made for the purchase of the property he now claims, and which is set forth in his petition in the case under consideration. During Mr. Limantour's stay at Yerba Buena, from October 1841, to the autumn of 1842, he learnt its whole history from those longest and best acquainted with it. There was hardly a person of any consequence residing here, or at the Mission Dolores, or in the country immediately surrounding the Bay, whom he did not know personally, and with whom he was not on terms of intimate acquaintance. He understood their language sufficiently to hold free and familiar intercourse with all of them. After a detention here of some eleven months, viz : until late in the autumn of 1842, he succeeded in procuring a small vessel from General M. G. Vallejo, and which, in honor of one of the daughters of the General, he named " The Farmy." On this small vessel he embarked the remainder of his goods and effects and sailed down the coast, stopping at the ports of Monterey, Santa Barbara and San Pedro. It will not be improper here to say that Mr. Limantour, by his energy as a navigator, and his indefatigable industry, enterprise and skill as a merchant, had, at that time, become a man of large property and abundant means. On his passage down the coast in the autumn of 1842, he went into the port of San Pedro, and there anchored his little craft on the first or second day of January, A. D. 1843. It is proper here to direct attention to another train of events which had been going on for a few years previous to 1842, in California and Mexico. In the years 1835 and 1836 CaUfornia had been agitated by some political dissensions. The Governors who had been sent from Mexico, had been forcibly driven from Upper California. In 1837 Upper California assumed, for a short time, the attitude of an independent state, with Don Juan B. Alvarado at its head. Mexico, in order to preserve the Department of Upper Cali- fornia in its connexion with the mother country, and to prevent its separation therefrom, found it necessary to temporize for a while, and thought it advisable to confer upon Senor Don Juan B. Alvarado the office of " Gefe politico," or Governor, by which measure of policy the Home Government hoped to bring back the revolting State to its former allegiance. The measure was successful for the time being. Governor Alvarado accepted the ofSce tendered to him by the government in power in Mexico ; acknowledged the Supreme Government thereof, and thereby put an end to the " Independent State of Alta California." Governor i!flvarado continued to exercise the functions of that ojffice until the year 1842. At this last date, viz. 1842, His Ex- cellency Antonio Lopez de Santa Anna, was at the height of his power ; in fact, absolute Dictator of Mexico. His Excellency Santa Anna, seized the occasion which was then afforded him, by the local jealousies existing between some of the prominent men in Upper California, to secure, more perfectly, that Depart- ment to Mexico, by the appointment of Sefior Don Manuel Micheltorrena, a general officer in the Mexican Army, a devoted and unwavering friend of General Santa Anna, as Governor of the Department of the Californias. His Excellency President Santa Anna's instructions to Michel- torrena, were issued on the 11th of February, A. D. 1842, in the City of Mexico. The Treasury of Mexico was then destitute of funds. The Supreme Government were unable to furnish their recently ap- pointed Governor with the means necessary to carry on the Departmental Government. Micheltorrena was sent from Mexi- co for the seat of his new Goverment in the summer of 1842. He arrived in Upper California about September of that year. He had under his command some four or five hundred men, who had been furnished him by Mexico, and who were called soldiers, but he was almost entirely destitute of provisions, money, muni- tions, means of transportation, or supplies of any kind for his own support or that of his followers. From the want of such supplies he was detained at the small town of Los Angeles, in the south part of Upper California, for some months. It was while Governor Micheltorrena was thus detained there, that Senor Jos6 Y. Limantour arrived in the port of San Pedro with his little vessel, which he had purchased from General Vallejo, as before stated. The port of San Pedro is some twenty or twenty-five miles from the town of Los Angeles. The attentive reader will observe the relative position of Gov- ernor Micheltorrena and of Mr. Limantour, in regard to place, at the commencement of the year 1843. The remaining part of this pamphlet will consist principally of copies of the documentary evidence and other proofs now on file before the Honorable the Board of Land Commissioners, which Mr. Limantour has taken thus far in support of his claim, with such brief notes as may be deemed important in explanation, and for the more readily applying and understanding their force and bearing. To these documents and proofs Mr. Limantour solicits the careful and scrutinizing attention of the public. First — Attention is solicited to an original letter written by Gov. Micheltorrena to Senor Don Jos6 Y. Limantour, dated on the 8th day of January, A. D. 1843, a.t the town of Los Angeles. The original is on file ; its genuineness abundantly proved, as will be seen by the certified copy fi'om the Secretary of the Board of Commissioners, and the following depositions. It is as follows : SSr D. Jose Y. Limantour. Township of Los Angeles, January 8th, 1843. Dear Sir: Three months have nearly elapsed, since for want of all species of resources, I have not been able to march my troops towards the Capital. I am in a very wretched position. Mr. D. Luis Vignes, a countryman of yours, has apprized me 9 of your arrival, and that you have on board both money and merchandise. I would be under obligations to you, if you could let me have such money as is in your power, as well as such of your merchandise, mv troops and ofljcers stand in need of. I will give in payment, sight drafts, payable at Mazatlan, by the house of Beecher & Co. I further promise to secure to you the contracts of all that which the Department may require, and also that which you may want for your vessel, to carry a profitable trade. I will use my best endeavors so that you realize great advantages. Should you prefer lands in this country, I can give you such of them as you may select, which are vacant, inasmuch as I have full powers to that effect in both the Californias. And above all, that it is necessary for my troops to live, and extricate ourselyes from this wretched condition. If you can, Mr. Limantour, do me the favor to call and see me forthwith, we will talk over the offers I make and which I hope you will accept. I am desirous of the honor of conversing with you ; meanwhile, I remain your polite servant, and affectionate friend, (B. S. M.) MANL. MICHELTA. The undersigned, principal Clerk of the Ministry of Foreign Relations, ( Ministry of Re- \ Certify the signature of I lations, L. S. \ Sr. D. MANUEL MICHELTORENA, Former Governor and Commandant- General of the Department of the Californias, found on the reverse, to be authentic. Mexico, Oct. 29th, 1852. Fees, four dollars. I. MIGUEL ARROYO. No. 1738. Consulate of the U. S. of America, ) Mexico, November 2nd, 1852. \ I, the undersigned, for the city of Mexico, hereby certify that the signature of I. Miguel Arroyo, subscribed to the foregoing certificate, is in the proper hand- writing of said person, the same as used by him in all his official acts, who is well known to me, and was at the time of subscribing the same, first clerk of the B 10 Department of Interior and Foreign Relations of the Mexican Government, and that ail his official acts are entitled to full faith and credence as such. ( Register F, folio 263. } In testimony whereof, I have hereunto I Fees, $2. L. S. \ set my hcmd and affixed the Consula/r Seal, the day and year first above written. JOHN BLACK, Consul. I, George Fisher, Secretary of the Board of United States Commissioners, to ascertain and settle the private land claims in the State of California, hereby certify that the foregoing is a true and correct translation of an original paper on file in this office, in ease No. 548, J. Y. Limantour, and in my charge and keeping, as such Secretary. Witness my hand this twenty -third day of July, 1853. (Signed) GEO. FISHER, Sec'y. The second document is the application of Sefior Jos^ Y. Limantour to Governor Micheltorena, dated at the Pueblo de Los Angeles, on the tenth day of January, A. D. 1843, in which Mr. Limantour proposes to purchase for a price named, the two tracts of land claimed in his petition. The original of this document is found among some of the archives of the former government, now in the possession and under the custody of J. Gleason, Esq., the Deputy Clerk of Monterey County. As to its genuineness, the reader wiU please to refer to the depositions of Gomez and Hartnell, as also to the corroborating testimony of .limero and Francisco Arce, and others hereinafter to be found. [a. f.] 11 TRANSLATION. Seal of the fourth class, two reals. Authorized provisionally by the Maratime Custom House of the port of Monterey, in the Department of the Californias, for the year Eighteen Hundred and Forty-Three. (Signed) MICHELTORENA. (Signed) MANUEL CASTARARES. Custom House Seal. Jurisdiction of San Fran- cisco. Let this be remitted to the competent justice, for him to report whether the two tracts of land men- tioned in the present memorial of the French citizen, Joseph Liman- TotjR, belong to private persons, corporation or community, and after the corresponding investiga- tions have been made, let the Expediente be returned for the necessary ends which may be re- quired. Pueblo de los Angeles, January 11th, 1843. (Signed) MICHELTORENA. Most Excellent Governor : I, Joseph Y. Limantoue, Captain of the French Marine, before the justice of your Excellency, do with due respect make the following proposals : First. That I will deliver to the Departmental Treasury a receipt for the sum of Four Thousand Dollars, on account of a larger amount due me from the public hacinda. Second. That your Excellency will be pleased to grant me for said receipt, the ownership of the two tracts of vacant land, whereof I accompany the plots, and that in first in the land comprised from the line of the Pueblo of Yerba Buena, at the distance of four hundred varas from Mr. William Richardson's old established house ( casa fundadora, ) towards the S. E., according to a rough map which I have seen in said Richard- son's house, and according to the information of the inhabitants and the justices of the peace, beginning at the beach on the N. E. and following all the edge of the beach, turning round Rincon Point to the S. E. and following the Bay to the mouth of the Mission Creek, including the salt-water plains, and 12 following the CanMa to the S. W. to where the fresh water runs for use, passing on the N. W. side about two hundred varas from the Mission, until where the two leagues (a little more or less) are completed from the N. E. and S. W., in length and in breadth what there may be from the line of the Pueblo from S. E. to N. "W. to the Rincon, as appears by the plot which accompanies No. 1. Third. Two leagues of land, a little more or less, beginning on the beach of the Estacada, at the old anchorage of the port of San Francisco, underneath the Castle, and following towards the S. E., passing the Presidio — following the Mission road and the line of the S. "W. to the beach which runs to the S. of the port — taking said beach on the N. W., turning round Point Lobos, and following to the N. E. all along the beach of the Castle, leaving free the land .occupied by said Castle — that is to say, about two hundred varas, and following the beach to the Estacada, where the accompanying plot No. 2 begins. I therefore request that your Excellency wiU grant me in payment of the said sum of Four Thousand Dollars, the two tracts of land above mentioned, under the express condition that I may take possession of them when it may best suit me, and without being under the obligation of subjecting myself to any of the conditions prescribed by the colonization law, because my object is to receive said lands not in the class of a gratuitous grant for colonizing, but in the class of a real and true purchase, so that I may sell them — and in fine, enjoy them as may best suit me as my property. Pueblo de los Angeles, January 10th, 1843. (Signed) J. LIMANTOUR. Angeles, February 25th, 1843. The competent justice having taken and made all the necessary steps and investigations respecting the two tracts of land asked for by the French citizen, Joseph Limantour, and the result being, that said two tracts of land are vacant — ^the former situated one league, a little more or less, from the line of the Pueblo of Yerba Buena (at the distance of four hundred varas from the house of Mr. William Richardson) to the Bay, and 13 two leagues N. E. S. W. a little more or less ; — the second, one league, a little more or less, N. E. S. W., and one league and a half in length, leaving free the land of the Castle, two hundred varas (200 varas,) the said tracts of land mentioned by the said Don Jos^ Limantour, Captain of the French Marine, in his petition are granted to him. Let the title of ownership for the said two tracts of land be made out, in consideration of the good services which he has rendered to the Department. , (Signed) MICHELTORENA. I, the undersigned, do hereby certify the foregoing to be a true and faithful translation of the original document in the county Recorder's office of Monterey county ; and I furthermore certify, that I know the sigfiatures of Manuel Micheltorena, and Joseph Limantour, attached to said original, to be the genuine signatures of the parties purporting to having signed the same, (Signed) W. E. P. HARTNELL, State Translator. Monterey, 29th June, 1853. I, George Fisher, Secretary of the Board of United States Commissioners, to ascertain and settle the private land claims in the State of California, hereby certify that the foregoing is a full, true, and correct copy of a paper on file among the archives of said Board, and in my care and custody, as such Secretary, Witness my hand this 26th day of July, 1853. (Signed) GEORGE FISHER, Sec'y. A true copy of an original document in this office. (Signed) GEO. FISHER, Sec'y. The third document is a letter from Don Manuel Jimeno, Secretary to Governor Micheltorena, written under the direction of the Governor to Don Guillermo A. Richardson, Captain of the port of San Francisco, making inquiries in regard to the lands which Mr. Limantour proposed to purchase, and for the purpose of ascertaining whether or no the lands were vacant. The letter is dated at Los Angeles, on the 14th day of January, 14 1843. In connection with this letter, the reader will please to consult the depositions of Jimeno, Richardson and Arce. The original letter is on file, and its genuineness fully proved- " His Excellency the Governor and Commandant General, de- sires to have in view information of all the vacant lands, existing in the margin of the bay of San Francisco, and those appertaining to the " Pueblo de Yerba Buena." He requires of you an exact information, accompanied with a plan or map showing clearly the desires of the Government itself, combining for the purpose with the Judge of that jurisdiction. Captain Don Jos^ Y. Limantour has asked by way of payment, a grant of two leagues long by one wide, a little more or less, in the lands that he says do not appertain to the Puebla de la Yerba Buena, its boundaries commencing about four hundred varas of from your house, beginning from the side of the same beach, where it turns the whole side to two hundred varas distant from the Mission, and besides Capt. Limantour asks one league of land wide and one . and a half long, commencing from " la Estacada" on " fondeadaro antique," taking along the beach to the N. W. turning to the " Punta de Lobos," and following to the N. E. along the beach of the castle, leaving the tract which said castle occupies, distant two hundred " varas," and following the beach to the " Estacada," where it began. Therefore his Excellency the Governor orders me to state to you, that he relies on your theoretical and practical know- lege, in order that you send the required information. God and Liberty, Angeles, January 14, 1843. (Signed) MANUEL JIMENO." Senor Capitan of the Port \ of San Francisco, \ Don Guillermo A. Richardson. ) I, George Fisher, Secretary to the Board of U. S. Commis- sioners to ascertain and settle the private land claims in Cali- fornia, do hereby certify that the foregoing is a true and correct copy of a paper filed in case No. 548, (wherein Jos^ Y. Liman- tour is claimant,) endorsed " Translation of Exhibit No. 1, A. F." 15 annexed to deposition of " Wm. A. Richardson," and among the archives of said Board, in my care and custody as such Secretary. Given under my hand, this 22d day of September, 1853. GEORGE FISHER, Secretary. The fourth Document to which attention is asked, is a private letter from Senor Jiraeno to Mr. Limantour, dated at Los Angeles on the 2d day of February, 1843, relating to the same business. The original is on file, and proved to be in Jimeno's hand writing, it is offered to show the progress of the business in regard to the land proposed to be purchased by Limantour. Snr. D. Jose Limantour, Captain, Angeles, 2d Februm-y, 1843. Dear Sir : I have received your polite letter, and have commu- nicated it to the General, who is courteous to all, but having asked certain informations, it will be good to delay for a few days, and for you to call and see him. On my part I will do all that lays in my power, and should I leave him, you wUl be well recommended to my successor. It will afford me pleasure to see you on your return from Mexico; meanwhile I remain your ob't. servant, &c. (B. S. M.) MANUEL JIMENO. I, George Fisher, Secretary of the Board of United States Commissioners to ascertain and settle the private land claims in the State of California, hereby certify that the foregoing is a true and correct translation of an original paper on file in this ofRce, (No. 548, J. Y. Limantour,) and in my charge and keeping as such Secretary. Witness my hand this 23d day of July, 1853. GEORGE FISHER, Sec'ry. If the reader will take time to reflect a moment upon the foregoing documents, he will not fail to observe the dates of each, and the place were they were written and executed. On the eighth day of January, 1843, Micheltorena writes to Limantour, soliciting in the most urgent manner, supplies of 16 money and merchandise, and stating to Mr. Limantour that he could repay in drafts — that he, the Governor, would recommend him for government contracts ; — and last of all and above all, staring to Mr. Limantour that he had full power to grant vacant lands in the Californias, and would do so if he and Mr. Limantour could negotiate. On the tenth of January, 1843, Mr. Limantour makes his application to purchase the two tracts of land now claimed by him in this case. On the eleventh of January, 1843, Governor Micheltorena makes his order for the inquiry, to ascertain if the lands which Mr. Limantour proposes to purchase, are vacant. On the fourteenth Jan'y, 1843, Jimeno addresses the letter of inquiry to Richardson, and on the twenty-fifth of February, 1843, Governor Micheltorena completes the expediente by saying, as in document No. 2, hereinbefore set forth, that " the compstent justice had taken the necessary " steps and investigations respecting the said two tracts of land " asked for by the French citizen, Jos6 Limantour, and the result " being, that they were vacant," &c. " The said two tracts of "land mentioned by the said Don Jos^ Limantour, in his " petition are granted to him. Let the title of ownership for " the said two tracts of land be made out in consideration of " the good services which he has rendered to the Department." Now, here comes the grant itself — executed in the town of Los Angeles, on the twenty-seventh day of February, A. D- 1843. Approved by the proper minister, connected with the Supreme Government of Mexico, on the eighteenth day of April, A. D. 1843. Read it — and say, who can, that my client is attempting to make available a false, fraudulent or simulated claim. The original document is on file with the Secretary of of the Board of Commissioners. It has been there for months. The genuineness of the signature of Governor Micheltorena thereto, has been abundantly proved. The most virulent opposer of the claim admits its genuineness, and hitherto not one scintilla of evidence has been offered to impeach the genuineness or validity of this document. 17 FIRST STAMPS. BIGHT DOLLAKS. Legalized temporarily, by the Maritime Custom House< of the port of Monterey, in the Department of the Californias, for the year One Thousand Eight Hundred and Forty-Three. (Signed) MICHELTORENA. (Signed) MANUEL CASTARARES. ( Maritime Custom House ) The citizen, Manuel Michelto- I of Monterey. ) eena. Brigadier General of the Mexican Army, Adjutant GenH of the Staff of the same, Governor and Commandant General of the Department of the Californias : Whereas, Don Jose Y. Limantour Captain of the French Navy, and a denizen of the Department has negotiated, in consideration of loans, in merchandise and ready money, which he has made to this Government at different times, to obtain the grant of the land contained from the line of the Pueblo de la Yerba Buena, distant four hundred varas from the settlement house (casa fundadora) of Don William Richardson to the south- east, beginning on the beach at the north- east and following it along its whole edge (margin,) turning round the point of Rincon to the south-east, and following the bay as far as the mouth of the estuary of the Mission, including the deposits of salt water and following the valley (Canada) to the south-west, where the April 18th, 1S43. The Supreme Provis- ional Government of the Mexican Republic, in the exercise of the extraordi- nary powers, with which it is invested, and taking into consideratioti the good services rendered by the French citizen, Don. J. Y. Limantour, ratifies and approves the grant made — based upon preexisting lawful provis- ions, and granted to the local authority of Califor- nia, and by which it con- firms the property granted of the vacant lands, which this document makes mention, which is return- ed to the party interested. (Signed) BOCANEGRA. fresh water runs, passing to the north- west side, about two hundred yaras from the Mission to where it completes two leagues north-east and south-west to the Rincon as represented by the plat (diseno) No. 1, which accompanies the Expediente. Second. Two leagues of land, more 18 or less, beginning on the beach of the " Estacada " at the ancient anchorage of the port of San Francisco, below the Castle (castillo,) following to the south-east, passing the " Presidio " (military post) — following the road of the Mission, and the line to the south-west as far as the beach which runs to the south from the port, taking the said beach to the north-west, turning round the Point Lobos and following to the north-east, along the whole beach of the Castle (castillo,) two hundred varas, and following the beach as far as the " Estacada," where begins the plat (disefio) No. 2. Having previously instituted the suitable proceedings and investigations, and resulting from them, that the two before mentioned tracts of land are vacant, exercising the authority with which I am invested, in the name of the Mexican nation, I have resolved to make him a complete and absolute grant of the said two tracts of land, that he may enjoy them in the manner and when it may suit him, declaring them by these present letters his legal property. In consequence whereof, he may occupy the mentioned two tracts of land when it may most suit him, destining them to such use or culture as may best accommodate him. In consequence whereof, I command that the present title, being held firm and valid, a record of the same be made in the office of the Secretary of the Despatch, and that it be delivered to the party interested for his security. Given in the town of Los Angeles, the twenty-seventh day of February One Thousand Eight Hundred and Forty-Three. (Signed) MANUEL MICHELTORENA. |L.S.} The undersigned, chief clerk of the Department of the Interior and Foreign Relations, certifies that the signatures of Bocanegra, who was Minister of Relations, and that of Manuel Micheltorena, who was Governor and Commandant General of the Department of the Californias, which appear in this document, are genuine signatures. (Signed) I. MIGUEL ARROYO. Mexico, October 29, 1852. 19 No. 1751. Consulate of the United States of America, ) Mexico, November 2nd, 1852. \ I, the undersigned, Consul of the United States of America, for the city of Mexico, herebey certify that the signature of I. Miguel Arroyo, subscribed in the foregoing certificate, is in the proper hand-writing of said person, the same as used by him in all his official acts, who is well known to me, and was at the time of subscribing the same, first clerk of the Department of Interior and Foreign Relations of the Mexican Government, and that all his official acts are entitled to full faith and credit as such. ( Register F, Folio 264. ) In testimony whereof, I have hereunto \ Fees, $2. L. S. \ set my hand, and affixed the Consular Seal, the day and year first before written. (Signed) JOHN BLACK, Consul. I, George Fisher, Seer ;tary to the Board of United States Commissioners to ascertain and settle the private land claims in the State of California, hereby certify the foregoing to be a true and correct translation of an original paper on file in this office, in case No. 548, Jos6 Y. Limantour, and in my care and custody, as such Secretary. "Witness my hand this 26th day of July, 1853. (Signed) GEORGE FISHER, Sec'y. A true copy of an original on file. GEORGE FISHER, Sec'y. In the foregoing pages, the correspondence between Governor Micheltorena and Senor Limantour, and the correspondence by the Secretary of the Governor, making inquiries about the lands — the orders and decrees of the Governor — the original grant of the two tracts of land to Seiior Limantour, by Governor Micheltorena, together with the approval of the Supreme Governor of Mexico of the grant, with the certificates of the chief clerk of the Department of the Interior and Foreign Relations, and of the American Consul at Mexico, have all been laid before the public. The next document is a copy of a communication written by 20 order of the most Excellent Seilor President Santa Anna^-by his Minister of Exterior Relations and Government — Bocanegra, to His Excellency Don Manuel Micheltorena, approving of the grants which had been made to Senor Limantour, and also granting permission for farther grants to him of city, town or country property by the said Governor of the Californias. This document bears date in the city of Mexico on the seventh day of October, 1843, and the copy on file, verified by Governor Micheltorena and Secretary Jimeno, is dated the twenty-fifth of December, 1843. The proof of this document will be found in the second deposition of Mr. W. E. P. Hartnell. The document is as follows : — FIRST STAMP. EIGHT DOLLARS. Provisionally legalized by the Maritime Custom House of the port of Monterey, in the Department of the Californias, for the year One Thousand Eight Hundred and Forty-Three. MICHELTORENA. MANUEL CASTANARES. Stamp, Manuel Micheltorena, Brgadier General of the Mexican Army, Adjutant General of the Staff of the same. Governor, and Commandant General of the Department of the Californias : I certify that by the last mail arrived from the interior, I have received a note of the following tenor : " Ministry of Exterior Relations and Government." — Account having been given to the Most Excellent Senor President of the official note of Your Excellency dated the 24th Feb. last, wherein you enclosed the memorial which Don Jos^ Y.Limantour, Captain of the French marine, made to this Government in order to acquire property in that portion of the frontier, His Excellency in consideration of the good deportment and services, which this foreign individual has rendered to that very Department, and conformable with Article 9th, of the Decree of the 11th of March of the year last past, whereby the Government reserved to itself the power of granting to foreigners that sort of permission, has 21 been pleased to grant to him, the said Limantour, sufficient leave, that he may acquire, besides the property which he has already acquired and have been recognized by the Supreme Government, further country, town or any other property, con- formably with the said decree, and other laws of colonization, which I have the honor to communicate to Your Excellency for your knowledge, and the purposes regarding thereto; presenting to Your Excellency again, the assurances of my high estima- tion and distinct esteem. God and Liberty. BOCANEGRA. Mexico, October 7, 1843. To His Excellency the Governor and Commandailte General of the Department of the Californias. And at the request of said Limantour I grant these presents, containing a legal copy, the original remaining in the archives of the Govern- ment, which (copy) in testimony I sign with the Secretary of Despatch in Monterey, the 25th December, 1848. (Signed) MANUEL MICHELTORENA. (Signed) MANUEL JIMENO. I, George Fisher, Secretary of the United States Land Com- mission to ascertain and settle private land claims in the State of California, do hereby certify that the foregoing is a true and correct translation of a Spanish document in the case No. 548, (Jos^ Y. Limantour,) now on file in this office. San Francisco, October, 1853. Having presented the foregoing documents, I propose now to submit to the public for examination and full and mature consideration, perfect and entire copies of the depositions taken hitherto in support of the claim of Seiior Limantour, to the two tracts of land mentioned in the deed of Governor Micheltorena to him, dated February 27th, 1843, and herein before set forth. The first deposition is that of Senor Don Manuel Jimeno. In regard to this deposition of Senor Jimeno, in justice to myself I ought to say that it was taken within a very few days after the petition of Senor Limantour was filed with the Secretary of the Board of Land Commissioners. I had only a short time 22 to examine the papers of my client, and was much embarrassed in my investigations of his cause, by not being able at that time, to read the Spanish language with facility, or to converse freely with a witness who spoke no other. Senor Jimeno was about leaving California for the City of Mexico, on the 15th of Feb'y. 1853, when his deposition was taken, and I was obliged to take his deposition somewhat in a hurry, and before I had obtained that full knowledge of all the facts and documents relating thereto, which I have acquired since that time. I can only say that I should be most happy if I could now have the opportunity of a further examination of Seiior Jemino ; a witness so intelli- gent, honest and conscientious, — with the advantage I should now have of calling his attention to various original letters, papers, documents and books in the archives of the former Government, the existence of which I did not know at the time his deposition was taken. This witness is not in California, and has not been to my knowledge since February, 1853, and I do not know as it will be in my power to get his further testimony. His deposition is submitted as follows: San Francisco, Feb. 15th, 1853. On this day, before Commissioner H. I. Thornton, came Manuel Jimeno, a witness in behalf of the claimant, Jos6 Y. Limantour, petition No. 548, and was duly sworn, his evidence being interpreted by the Secretary. QUESTIONS BY CLAIMANT. Question 1. — What is your name, age and place of residence? Ansioer. — My name is Manuel Jimeno — my age forty-nine years, and my residence in Monterey county. Question 2. — Do you know Don Manuel Micheltorena, formerly Governor of California, and do you know Jos^ Y. Limantour, the petitioner in this case ? Answer. — I am acquainted with both these persons. Question 3. — Do you know if those two persons were together in the city of Los Angeles in Upper California, in the winter of 1842 and 1843. If yes, state if you know that negottatic is were at that time going on between them, and what were those 23 negotiations about. Please to state all you know about that matter ? Answer. — I know that those persons, Micheltorena and Liraantour were at the city of Los Angeles at the close of the year 1842, and the beginning of the year 1843 ; as to the business between those persons, I know that Limantour sold on credit to Micheltorena for the use of the army goods, in payment of which he received drafts on the Custom House at Mazatlan and on the Government of Mexico, as I understood from Mich- eltorena. I understood that he was soliciting from Micheltorena grants of land, but I do not know whether he obtained them. Question 4.-»-Did you leave Los Angeles before they completed their negotiations ? Aiisiver. — I left there in the commencement of the year 1843, and before they had concluded the business they were negotiating. Question 5. — Do you know whether Micheltorena was procui'ing money for the use of himself and his forces from Limantour, as well as goods ? Ansiver. — I know that Micheltorena received monej^ from Limantour, but I don't recollect how much. Question 6. — At what time of the year 1843, did Governor Micheltorena arrive at Monterey ? Answer. — About the month of August, of that year, as I think, I am not positive. Question 7. — After Governor Micheltorena arrived in Monterey in the year 1843, did you understand from the Governor aforesaid, that he had made a grant of land to Limantour in consideration of the goods and moneys that Limantour had furnished to him ? Ansioer. — I did not so understand from Micheltorena. Question 8. — Have you at any time understood from Governor Micheltorena that he had granted to Limantour lands adjoining the Pueblo Yerba Buena and Mission Creek, and also in the neighborhood of the Presidio ? Answer. — I have never heard him say so. Question 9. — Have you ever known from the archives of the Government of California of the grants of land by Governor 24 Micheltorena to Limantour, adjoining the Puebib Yerba Buena and near the Presidio ? Ansioer. — I understand that Limantour petitioned for land, but I do not know that the grant was made. I recollect that information was asked for some lands that Limantour petitioned for. I, as Secretary, asked for this information, but of what anthority I asked this information, I do not recollect. CROSS QUESTIONS BY THE UNITED STATES LAW AGENT. Question 1. — "When did Micheltorena first arri^re in Monterey? Answer. — I believe it was in the month of August. Question 2. — Did you see the Governor from the time you left him at Los Angeles, until he arrived in Monterey ? Answer. — I did not see him during that time. Question 3. — Did Micheltorena have a Secretary at Los Angeles, and if so, who was it? Answer. — He had. It was Don Francisco Arce. Question 4. — Do you know if Micheltorena made any grants of land at Los Angeles after you left ? Answer. — He did make many< Question 5. — Were Expedientes kept of these grants ? Answer. — In some of those grants there were no Expedientes found in the office — in others, there were. Question 6. — Was a registry kept of all those grants made by Micheltorena ? Answer. — In some there was no such registry. Question 7. — Do you recollect to whom any of the grants made by Micheltorena at Los Angeles were given ? Answer. — One of them was made to Mariana Guadalupe Vallejo, of the place called Rancho National. I don't recollect any others, though there were several persons. Question 8. — When did you see Limantour next after leaving at Los Angeles ? Answer. — I saw him frequently in Monterey, but do not recollect the time. He used to come there often with his vessel. Question 9. — Did Limantour himself tell you that he had 25 received from Micheltorena grants of land near San Francisco ? Ansvjer. — I have heard him say that the Governor did attend to his petition. I did not understand Limantour to say positively that he had received a grant from Micheltorena. (Signed) MANUEL JIMENO. U. S. Law Agent present Sworn to and subscribed before me, this fifteenth day of February, 1853. HARRY I. THORNTON, Commissioner. I, George Fiaher, Secretary of the Board of United States Commissioners, to ascertain and settle private land claims in the State of California, hereby certify that the foregoing is a full, true and correct copy of a paper on file, among the archives of said Board, and in my care and custody, as such Secretary. Witness my hand this twentieth day of October, A. D. 1853. GEORGE FISHER, Sec'y. The next deposition is that of Senor Don Vicente Prefecto Gomez. His testimony relates to the document found in the archives at Monterey, and is what is termed the Expediente, consisting of Seuor Limantour's proposal to purchase the two tracts of land adjoining Yerba Buena and near the Presidio, — dated January 10th, 1843 ; and Governor Micheltorena' s decrees thereon, of the 11th of January, 1843, and 25th of February, 1843. It is the second document hereinbefore set forth on the eleventh, twelfth and thirteenth pages of this pamphlet. San Francisco, July 6th 1853. On this day before Commissioner Alpheus Felch, came Vicente Prefecto Gomez, a witness on the part of Josg Y. Limantour, claimant in case No. 548, and was duly sworn, his evidence being interpreted by the Secretary. 26 The United States Associate Law Agent was present. QUESTIONS BY GENERAL WILSON, ATTORNEY FOR THE CLAIMANT. Question 1. — What is your name, age and place of residence, and how long have you lived at your present place of residence ? Answer. — My name is Vicente Perfecto Gomez. I am about thirty years of age, and live at Monterey, where I have resided since the year that Micheltorena went to Monterey. Question 2. — Was you with Governor Micheltorena at Los Angeles, and if so, in what capacity was you with him there ? Ansiver. — At Los Angeles I was with him in my individual capacity, and had no official position. I waS with Micheltorena while he was at Monterey and was one of the clerks in the .Governor's otHce, and also in the Departmental Treasury. Question 3. — Have you ever seen any papers or documents purporting to be a petition made by Don Jos^ Y. Liraantour to Don Manuel Micheltorena, Governor of California, soliciting a tract of land adjoining the Pueblo of Yerba Buena, and any order of Governor Micheltorena on said petition. Answer. — I have seen it, and I know where the original is in the hand-writing of Mr. Limantour, and the order is in the hand-writing of Governor Micheltorena, written without the intervention of any other person. Question 4. — When did you first see these papers ? Ansvjer. — In the year 1843. Question 5. — Where did you see them at that time ? Answer. — In the Secretary's office of Governor Micheltorena. Question 6. — Since giving your answer to the former inter- rogatories, have you seen the said original papers again ? Answer. — I have. I saw them at Monterey on the 29th June last, in the afternoon of that day. Question 7. — Please look at the paper here presented, marked " Exhibit A," and say if it is a true and certified copy of the original paper and document referred to in your former answer? Ansiuer. — It is. It is copied faithfully from the original and is in my own hand-writing. It is certified by the Hecorder of the (H)nnty of Monterey, at iny own request. 27 Question 8. — You say that you first saw the original in the office of the Secretary of the Governor in 1843. Please to state the circumstances under which you first saw the original papers in the office of the Recorder of Monterey ? Auswer. — At the request of Jos^ Castro, I went to the office of the Recorder to examine the papers in reference to some property which he had at San Juan Bautista. On that examination, looking over the old archives in search of the documents required, I found these papers. After finding these papers, I put them back again into the bundle, and put the bundle back again. I went and got Dr. Olarte of Monterey, to go with me to the Recorder's office. 1 then, in presence of Olarte, made a '^opy of the documents. The Recorder afterwards compared the copy with the original most scrupu- lously, and then certified it. After I first found the paper I went and consulted Jos^ Abrigo, and he advised me to take a copy of it, which I did, as I have above stated, and which is the paper marked " Exhibit A." QUESTIONS BY MR. GREENHOW, LAW AGENT. Question 1. — When you saw the papers at the Recorder's office at Monterey, did you recollect of ever seeing it before ? Ansiver. — I did recollect of seeing it before. I was attached to the Secretary's office of Governor Micheltorena and recol- lected having seen it at that time, having known the party, Mr. Limantour, also at that time. Question 2. — Had you any intercourse with Mr. Limantour since his last arrival in California and prior to your finding these documents ? Ansiver. — I had not, and if Mr. Abrigo's son had not pointed out to me Mr. Limantour at the Washington Hotel in San Francisco, I should not have known him. Question 3. — Whose hand-writing appears on the original papers ? Answer. — No other hand-writing appears on the original papers but Mr. Limantour's and Governor Micheltorena's. 28 Question 4. — Did you recognize Mr. Limantour's hand-writ- ing when you first saw it, from your recollection of it ? Answer. — I did not the hand-writing of Mr. Limantour, but I did that of Micheltorena. Question 5. — Did you find at the Recorder's office any of the papers of which you were in search for Mr. Castro ? Answer. — I did not look for them any longer after I found those of Mr. Limantour's. Question 6. — Was the Recorder or any one else present when you found these papers ? Answer. — The Recorder was present when I found them. He was at that time conversing with me and standing off a little at one side. *■ Question 7. — Did you say any thing to the Recorder about it at the moment when you found the papers ? Answer. — I did not say any thing to him ; when I found the papers I put them back immediately and did not say any thing. Question 8. — Had you examined the said papers often before ? Answer. — Since the American Government has taken pos- session of this country I have not been in any office. While the Mexican Government existed here I often examined these papers, but since the Americans took possession I have never examined them. Question 9. — Before the Americans took possession where were these papers kept ? Answer. — All I can say conscientiously is, that these papers ought to have been in the office of the Secretary of State of the Departmental Government while the Mexican Government existed here, but I believe these papers have got into the office of the Justice of the Peace by some accident, during the revo- lution with Micheltorena, or during the American war. (Signed) VICENTE PERFECTO GOMEZ. Sworn and subscribed before me this sixth day of July, A. D. 1853. That portion of this deposition which precedes the 6th Question on the part of the claimant, was taken on the 23d June, 1853, and the remaining portion on the day last above 29 written. Mr. Greenhow, the Law Agent, was present during the whole time of taking the deposition. ALPHEUS FELCH, Commissioner. I, George Fisher, Secretary to the Board of Commissioners, to ascertain and settle the private land claims in California, do hereby certify that the foregoing is a full, true and correct copy of the deposition of Vicente Perfecto Gomez, filed in Case No. 548, wherein Josd Y. Limantour is claimant, among the archives of said Board, and in my care and custody as such Secretary. Given under my hand at the city of San Francisco this 19th day of October, A. D. 1853. GEO. FISHER, Sec'y. The next two depositions are made and sworn to by W. E. P. Hartnell, Esq. It is entirely unnecessary to inform any body who has known the public men of California for the last quarter of a century, who he is. Every body knows him ; every body respects, honors and esteems him. His word is truth — always. He is incapable of having any thing to do with falsehood or fraud in any form, and no man in his senses, would ever dream of asking W. E. P. Hartnell to verify a spurious or simulated pappr or document. The documents referred to in these depositions are as fol- lows, viz : Exhibit No. 1, in the 1st Deposition, is the Expediente found in the archives at Monterey, viz : Limantour's proposition to purchase the lands, with Governor Micheltorena's decrees of the 11th January and the 25th February, 1843 thereon. Exhibit No. 2, is the original letter from Governor Michelto- rena to Seilor Limantour, dated on the 8th of January, 1843, written at Los Angeles. Exhibit No. 3, is the original letter written by Manuel Jimeno to Senor Limantour dated Los Angeles, February 2d, 1843. Exhibit No. 4, is the original deed from Governor Michelto- rena to Senor Limantour, dated February 27, 1843. Exhibit No. 1, annexed to the 2d deposition of Mr. Hartnell, 30 is the copy of the approval by the Supreme Government of Mexico, of the grants made by Governor Micheltorena to Seiior Limantour, dated at Mexico on the 7th day of October, A. D- 1843, and certified by Governor Micheltorena and Secretary Jimeno on the 25th day of December, 1843. Sam, Francisco, July 14, 1853. At this day, before Commissioner Alpheus Felch, came W. B. P. Hartnell, a witness produced in behalf of Josd Y. Liman- tour, claimant in Case No. 548, and was duly sworn, his evi- dence being given in the English language. The United States Law Agent and Assistant Law Agent were notified and attended. QUESTIONS BY GEN. WILSON, ATTORNEY FOR CLAIMANT. Question 1. — What is your name, age and place of residence ? Answer. — My name is W. E. P. Hartnell, my age fifty-five years, and I reside at Monterey in California, and I have resided at that place thirty-one years. Question 2. — What offices did you hold under the govern- ment while Mexican authority continued in Upper California ? Ansiver. — 1 have held a great many; among others I was Inspector General of the Missions. I have been Appraiser of the Custom House, Collector of the Custom House and E.egi- dor, and acting Alcalde. I was Director of a College two years and a half. Question 3. — Please look at the papers here shown to you, marked at the top of the first page A. F., and also on the back as " Exhibit No. 1," and say if it is in your hand-writing ; is it as you have certified, a true translation of the original papers which you refer to in your certificate written thereon ? AnsvH'r. — I have looked on it. It is in my hand-writing, and is a true translation of the paper referred to in my certificate written on it. Question 4. — Where is the original paper now, according to the best of your knowledge and belief? 31 Answer. — I believe it to be in the Recorder's office at Mon- terey. The Recorder's name is James Gleason. Question 5. — State what you know of said original papers, when and where you finst saw it, the circumstances which called your attention to it. Ansiver. — The first time I saw it was about a month or six weeks ago. The Recorder first called my attention to it. He said he had in his possession a paper respecting. Mr. Liman- tour's claim, which he believed to be original, and desired me to look and give my opinion. (Question 6. — Have you seen Jos^ Y. Limantour write, and have you seen Don Manuel Micheltorena write, and are you acquainted with their hand-writing ? If yes, state whose hand- writing appears on said original paper, as well the body of the writing as the signature. Answer. — I have seen both of them write, but Maniiel Michel- torena much more frequently than Limantour. The body of the petition in said original paper and the signature thereto, are, I believe, in the hand-writing of the said Limantour ; and both the body and the signature of the two Decrees in said original paper I know to be in the hand-writing of said Micheltorena. Question 7. — From youi- examination of said original paper have you any doubt of the genuineness of the signatures of those persons oi of the paper itself ? Answer. — I have no doubt whatever. Gluestion 8. — How long have you been acquainted with Don Jos(^ Y. Limantour ? Did you know of his being on terms of intimacy and having extensive business transactions with Don Manuel Micheltorena while he was Governor of California ? Answer. — I have known Mr. Limantour since the year 1841 or 1842. I know he was very intimate with Micheltorena, and had several business transactions with him. Qjiestion 9. — Look at the paper here presented, marked at the top of the first page with the initials "A. F." and on the back " Exhibit No. 2," and state whether you know the hand-writing of the body of the letter and the signature thereto. Ansmer. — I know them both to be in the hand-Mrriting o< 32 Manuel Micheltorena. I know nothing of the hand-writing of the certificate on the back of the letter. Question 10. — Look on the paper here presented, marked at the top thereof with the initials " A. F." and on the back thereof as " Exhibit No. 3," and say whether you know the hand-writing of the body of the paper and the signature. Answer. — They are in the hand-writing of Manuel Jimeno both the body of the letter and the signature. Manuel Jimeno was Secretary to Governor Micheltorena. Question 11. — Look on the document here presented, marked at the top of the first page " A. F." and on ^the back as " Ex- hibit No. 4," purporting to be the original deed from Manuel Micheltorena, Governor of California, to Don Jos^ Y. Liman- tour, dated at Los Angeles on the twenty-seventh day of Feb- ruary in the year eighteen hundred and forty-three, and say whether the signature of Don Manuel Micheltorena thereto is genuine. Answer. — It is the signature of Manuel Micheltorena. Question 12. — Please state what you know of the manner in which the public archives were kept while the Mexican authority continued in Upper California, and during the various revolu" tions and disturbances which occurred during the latter part of the Mexican rule, and at thq time and subsequent to the Ameri- cans taking possession. Answer. — I knew the archives to be in several different houses in Monterey. I also knew them to be moved from Monterey to Los Angeles, and to be returned again to Monterey. After they were returned to Monterey, I knew them to be thrown into a confused heap into the Custom House. This was about the the time Americans took possession of the country. I was desired by General Kearny to have the archives removed into the Government office for the purpose of having them arranged; in consequence whereof several cart-loads were transferred into the Government office. This was the same building in which is now the Recorder's office at Monterey. I likewise knew that several documents belonging to the Government Archives have been found in the Alcalde's offices at Monterey, and many in 33 the hands of private persons, some of which I myself have placed in the archives by order of Governor Mason, giving the parties in lieu thereof certified copies or translations of the same. Whenever any such document was restored to the archives, it was always endorsed either by the Governor, by Mr. Halleck, who was Secretary, or by myself, with the date and name of the person by whom it was deposited. Question 13. — Did you see Mr. Limantour at Monterey, from the time the Americans took possession of the country, until since you saw the original document in the Recorder's office at that place, of which document you have made the translation, as above in this deposition stated. Answer. — To the best of my recollection, I did not see him there during that time. QUESTIONS BY MR. GEBENHOW, ASSISTANT LAW AGENT, AND ME. HOWARD, LAW AGENT. Question 1. — Look at the original deed marked " A. F." and " Exhibit No. 4," and say whether you consider the rubricas of Micheltorena and Manuel Castanares, affixed to the stamp on the first page to be genuine ? Answer. — The rubrica of Micheltorena is not so clearly made as his rubricas in general are, but I have no motive for supposing either of the two rubricas to be forgeries. When the Governors of California had to put their rubricas to stamped paper, there were placed before them at times some hundred sheets, and they were necessarily careless how they made their rubricas. Question 2. — Look at the writing of the body of said document, and say whether you are acquainted with the hand- writing ? Answer. — I do not know the hand-writing. Question 3. — When did you first see the paper above mentioned marked " A. F." and " Exhibit No. 4." Answer. — I saw it to-day for the first time. Question 4. — What has been your opportunity of knowing about the existence of grants of land in California ? 34 Answer. — During the whole time of th^ existence of the military government here, under the United States, I had the situation of Government Translator, and I made an Index of all the California land titles which I could find. I had nothing to do with the Government Archives under the Mexican Government. Question 5. — When did you first hear of the existence of the' above described grant to Mr. Limantour ? Answer. — I first heard of it lately by public rumor, since Mr. Limantour came to San Francisco to make his claim. Question 6. — How many times have you seen Mr. Limantour in California sinc&1841, and when? Answer. — I cannot recollect dates well. I saw him in Monterey frequently between 1841 and 1845 or 1846. Question 4. — Has Mr. Limantour ever had any occupancy or actual possession of the land described in the grant? Answer. — Not to my knowledge. Question 8. — Where has Mr. Limantour had his residence from the time you first knew him until the present time ? Answer. — I never knew that he had any fixed residence in California. I knew him to come back and forth to Monterey in a vessel. His occupation was that of a merchant. He came as Captain and owner of the vessel and cargo. (Signed) W. E. P. HARTNELL. Sworn and signed before me, this fourteenth day of July, A. D. 1853, at San Francisco, and I have annexed hereto the Exhibit, presented at the time of taking this deposition, and referred to therein. The Law Agent objected to the third, fourth, fifth, sixth and seventh interrogatories propounded by the claimant's attorney, and the answers thereto ; and the same were received subject to such objection. (Signed) ALPHEUS FELCH, Commissioner. I, George Fisher, Secretary to the Board of Commissioners to ascertain and settle the private land claims in California, do hereby certify that the foregoing is a true and coiTect copy of the deposition of W. E. P. Hartnell, filed in case No. 548, ^35 (wherein u