START MICROFILMED 1986 UNIVERSITY OF CALIFORNIA - BERKELEY GENERAL LIBRARY BERKELEY, CA 94720 COOPERATIVE PRESERVATION MICROFILMING PROJECT THE RESEARCH LIBRARIES GROUP, INC. Funded by THE NATIONAL ENDOWMENT FOR THE HUMANITIES THE ANDREW W. MELLON FOUNDATION Reproductions may not be made without permission. THE PRINTING MASTER FROM WHICH THIS REPRODUCTION WAS MADE IS HELD BY THE MAIN LIBRARY UNIVERSITY OF CALIFORNIA BERKELEY, CA 94720 FOR ADDITIONAL REPRODUCTION REQUEST MASTER NEGATIVE NUMBER @(-0205 AUTHOR: Hittell, Theodore Henry J 130-1911. TITLE: Menenial of SM. Tibbits ++ PLACE: San F ranciSed DATE: [87% VOLUME 3:1 ¢ : v ca B55 MASTER ©8 NO. v3:4 NEG. NO. 0205 ——— ME Se — ! i I'8GY SAPLIR v.30 |/ (Hittell, Theodore Henry] 1830-1917. Memorial of $. M. Tibbits, A.M. Simpson and others, grantees of city and county of San Francisco, for establishment of southern line of Presidio reservation, in accordance with survey of U.S. Surveyor- General, with reasons therefor &c., &c. San Francisco, Women's union print, 1874, cover-title, 13 p. fold. maps. v. 3, no. lj 27cm. [Pamphlets on San Francisco. Appeal to the Congress of the United States. FILMED AND PROCESSED BY LIBRARY PHOTOGRAPHIC SERVICE UNIVERSITY OF CALIFORNIA BERKELEY, CA 94720 sano. 8l6| |1]0]4]0 et DATE 2 Q 6 E B® = a. ‘ x LY REDUCTION RATIO 9 A MENT ~ DOCUMENT | BANCROFT LIBRARY | Il 10 he jz = =l2 gy» = up I2 |] Ee fle ll IL2S lis re MICROCOPY RESOLUTION TEST CHART NATIONAL BUREAU OF STANDARDS STANDARD REFERENCE MATERIAL 1010a (ANSI and ISO TEST CHART No. 2) METRIC 1 HH] CCCTTE LE Orr pepper perp ppp epee epee ep ep pep epee epee epee CLETITpN ERT FREER RE fu LL LL) jr a a a 5 6 7 8 9 10 11 12 13 14 15 Latch tnt tat tated bib bib dob lie 4 <4 - « L 4 <4 “ “ 4 “ “ <4 <4 4 <4 R o- <4 4 “ <4 < < 4 <4 < <4 4 4 <4 4 <4 4 4 of 4 < o 4 4 <4 <4 R <4 4 <4 <4 ot 4 <4 “ ® <4 “4 R 4 <4 R 4 4 EL <4 < PE “4 < 4 e <4 4 <4 4 R 4 R 4 4 < <4 4 <4 R PF “4 < Eb <4 R R “ “ o 4 4 R K RB “ 4 4 <4 < <4 < R 4 R <4 R <4 < <4 R 4 <4 sns——— NM TIBBITS, AM SIMPSON AND OTHERS, Grantees of Gity and County of $m Francisco, ST PIC ESTABLISHMENT OF SOUTHERN LINE OF PRESIDIO RESERVATION, ACCORDANCE WITH Survey of -U. 8. Surveyor-General, WITH REASONS THEREFOR, &o., &o. San F RANGISCO : Won omen’s Union Print, 424 Mantgoner ) 187 | Retake of Preceding Frame MEMORIAL OF S. M. TIBBITS, A. M. SIMPSON AND OTHERS, Grantees of Gity and Gounty of San Francisco, | — a er — { } \ 2? yf / $ \ 3 4 be “Le” A PP. A a & Fi ESTABLISHMENT OF SOUTHERN LINE S505 2 AB wo a # ; 7 ~~ br i} OF PRESIDIO RESERVATION, IN ACCORDANCE WITH Survey of U.S. Surveyor-General, WITH REASONS THEREFOR, &c., &c. i 7 San Francisco: Women's Union Print, 424 Montgonery “Streéte—= | ORIGINAL DEFECTIVE - a ~~ Ye 82l dati Live 1s Ha. Soithnv. ond Contin Limits ow The rire ar pod proofed The whe boss are Ke Comes wou profunt Ce Sobol he AE BE iad Bar. ok To the Hon. Congress of the United States: The Memorial of . M. Tibbits, A. M. Simpson, and other purchasers from the City and County of San Francisco of lands, heretofore considered as mu- nicipal property but now claimed to be within the Presidio Reservation, respectfully represents: That the said lots were delineated upon the official survey of the Pueblo of Sar F rancisco, made by the U. S. Surveyor-General at the instance and nnder the directions of the proper Department at Washington, as not within the Presidio Reservation; that, upo1 the faith of the official survey so made, the Cityand County of San Francisco marked the said lands upon its offi- cial map as belonging to the municipality extended its streets, public piaces and blocks over the same; and, in accordance with the general plan adopted in reference to other municipal lands, received in money actually paid into the treasury the purchase price there- of; issued and delivered deeds to the purchasers, and collected taxes thereon. Under these circumstances, we feel Justified in ask- ing of your Hon. Body that said lots may be relin- quished and confirmed to us, as grantees of said City . and County: and, for the purpose of presenting con- cisely the facts of the case and the reasons of our re- quest, we beg leave to submit: First. That it is doubtful whether the Presidio Res- ervation, properly speaking, ever embraced the lots in question. Second. That, if it did embrace them, they were afterwards excluded, and so treated by competent United States authorities. ©) = Third. That the alteration in 1870 of the Reser- vation lines, established by the U. S. Surveyor-Gen- eral in 1866, so as to make the new lines include said lots, was unjust and inequitable. IL. It is doubtful whether the Presidio Reservation, properly speaking, ever embraced the lots in question. The original reservation was made by President Fillmore, on November 6, 1850, and described as fol- ws i vom a point eight hundred yards south of Point José to the southern boundaryof the Presidio, along the southern boundary to its western extremity, and thence in a straight line to the Pacific Ocean, passiig Ly the southern extremity of a pond that has its outlet into the channel between Fort Point and Point Lobos. (See Dwinelie’s Colonial History of San Francisco, Addenda No. CXIII, page 221.) 1t will be noticed in the foregoing description that the words used are ‘the southern boundary of the Presidio.” Nothing is said aboutany “ Presidio tract.’ In ordinary and popular acceptation the ¢¢ Presidio was the quadrilateral enclosure, six hundred fect square, used as a barracks. The name was not usually applied to land outside of the enclosure. In the case of San Francisco there was a place of pasture near the Presidio called *“ El Rancho del Rey,” and a battery not far off, called “El Castillo;’ but they were dis- tinct from, and not a part of, the ** Presidio.” (Dwinelle, Narrative, 7 25, page 19.) There is no record to show, and no one can pretend, that there was ary special tract of land known or rec- ognized at any time previous to the above order as forming a part of, or belonging to, the Presidio. If there was any land outside of the enclosure appertain- 0 J ing or claimed to appertain to it, such land was en- tirely indefinite in extent and position, and absolutely incapable of location. The truth of this abundantly appears from the fact, that when the above description was sent on by the Commissioner of the General Land Office to the U. S. Surveyor-General of California on June 24, 1851, Mr. King, the then Surveyor-General, was unable to fix the points and sent back to the Land Office at Washington for ‘“additional instructions to enable him to run the lines.” The Land Office referred the subject to the Engi- neer Department; and on October 28, 1851, Joseph G. Totten, Bt. Brg. Genl. of Engineers, in the name and as the act of that Department, perceiving the diffi- culties above suggested and recognizing the fact that the reservation as first ordered was at any rate unnec- essarily large, recommended a reduction. He there- upon wrote to Mr. Conrad, Secretary of War, trans- mitting his recommendation, and enclosing a sketch or diagram, showing distinctly by ‘red lines” the re- duced reservations as proposed. The communication is given in extcnso in the above-cited Dwinelle’s Colo- nial History, Add. CXIII. A lithographic fac simile of the sketch or diagram—being the very document upon and in accordunce with the red lines of which the reserva- tion as reduced was ordered by President Fillmore— we have attached hereto by way of frontispiece. General Totten, in his communication, states the fact of the application of the Surveyor-General for additional instructions and the further facts, that up to that time no survey had been made of the Reserva- tion, and that there was no plat on file. But he adds, speaking for the ‘‘ Joint Board of Navy aud Engineer officers lately on that coast,” that the sketch enclosed ‘“ showed the reserve as originally proposed and con- jecturally drawn by the Board; also, the two separate reservations now proposed to be substituted.” Gen. Totten’s communication and the sketch, which EA £m Tm moon i 4 formed a part of it, were transmitted to the Executive on December 20th, 1851; and on December 21st, 1851, President Fillmore, having the sketch before him and clearly with direct reference lo i, modified and reduced the Presidio Reservation as follows: «« The Presidio tract and Fort Point, embracing all the land north of a line running in a westerly direc- tion from the southeastern corner of th» Presidio tract to the southern extremity of a pond, lying between Fort Point and Point Lobos and passing through the middle of said pond and its outlet to the channel of entrance from the ocean.” 1t will be observed that the above order makes use of the words ‘¢ Presidio tract,” which were not used in the first order. This order was also made by the President in response to the communication of Gen. Totten, and with General Totten’s sketch before him. That sketch delineates the original reservation, as well as the proposed modified and reduced reservations. It shows that the southern line of the original reservation was a straight line, commencing 800 yards south of Point José and running westerly through the southern extremity of Mountain Lake, (there called a pond,) to the ocean. 1t also shows that when the alteration was made in 1851, the object was to ¢‘ modify and reduce;” that is, not to take in any land not embraced in the original reservation, but to exclude much that had been included. It was proposed to make two tracts; and for the purpose of guiding the President in mak- ing the modifying and reducing order, General Totten enclosed the sketch or plot. The sketch, therefore, formed a part of the proposition for modification and reduction ; and as the President ordered the new Reservation exactly as proposed and sketched out for him, the proposition and sketch illustrate and in effect form a part of the President's order. He had the power to reserve what he thought proper, without any reference to what was or had at any time there- b tofore been considered the boundaries of the Presidio; and he did reserve exactly what the Engineer Depart- ment, through Gen. Totten, proposed. advised and delineated by red lines on the sketch referred to. Nething more and nothing less! The Presidio tract, so sketched and so reserved, making its southern houndary coincident, as far as it runs, with a straight line from the southern point of Point José Reservation to the southern extremity of Mountain Lake, is the same as fixed and laid down by the U. S. Surveyor-General and by the San Fran- cisco City and County municipal authorities. Such being the facts, are we not justified in saying that it is doubtful whether the Presidio Reservation, properly speaking, ever embraced the lots in question? Are we not justified in adding that the Reservation, as established by the President in 1851 —and there has been no authoritative order changing it since—cer- tainly did not embrace them ? II. If the Reservation ever did embrace the said lots, they were afterwards excluded, and so treated by competent United States authorities. Under this head we beg leave to call the attention of your Hon. Body to the fact that, as far as can be ascertained, there never. was any survey of the Pre- sidio tract until that made by the U. S. Sarveyor- General in 1866. Among the records in the office of the’U. S. Surveyor-General for California, we find a number of papers relating to the subject, as follows: April 9, 1853, U. S. Surveyor-General King « f Cali- fornia writes to Commissioner Wilson of the General Land office, that it was impracticable from information received to ascertain the precise lines of the Presidio Reservation which he had been directed to run and asking to be ‘‘ furnished with sucha precise description of the tract intended to be reserved as might enable 6 him to have a survey made in conformity to the inten- tion of the Executive in making that Reservation.” April 25, 1853, Gen. Totten writes to Commis. ioner Wilson, in answer to Inquiries, enclosing the President's order of December 21, 1851, and pifiing that the original order of the President had een ¢« transmitted to his Commissioner Wilson's) office. June 21, 1853, Surveyor-General King writes to Commissioner Wilson that he had received oo of the foregoing letter, ¢‘ with a tracing, Thavorn roi to as showing the tracts on the south side 0 ho entrance to the harbor of San Francisco directed to be reserved by the President's order of hy 21st Ds: cember, 1851, modifying his order of 6th November, 1850.” . Nothing further appears to have been done, although the Surveyor-General expressed his willingness to make a survey whenever required, until— June +7. 1864, Commissioner Edmunds of the General Lind Office writes to U. S. Surveyor-General Upson of California, enclosing the Presidents order of 1851 and a copy of Gen. Polany sketch or diagram, and irecting a survey to be made. Wn, 6, 1864: December 13, 1854; February 15. 1865. and July 16, 1865—second, third, fourth and fifth letters irom Commissioner Edmunds to Sarveyor- teneral Upson on same subject. : 9 June 16.1865, John H. Saunders, City and County Attorney of San Francisco, writes to Surveyor-General Upson, enclosing the final decree in the Pueblo case and asking for an early survey of the I ueblo. Aucust 18, 1865, Surveyor-General Upson directs James T. Stratton, the present U. S. Surveyor-General, then Deputy, to make a survey of the Pueblo of San francisco. ; Pe 27, 1866, Survevor-General Upson directs Mr. Stratton to survey the Presidio Reservation, &c., and orders him to be governed strictly by accompanying certified documents from the General Land Office, &c., among which was Gen. Totten’s sketch or diagram. March 21, 1866, Gen. McDowell, Commanding Department of California, is given notice of Mr. Stratton’s appointment to make the Reservation survey. March 23, 1866, Adjutant General Drum writes to Surveyor-General that a detail of enlisted men was 7 ready to assist Mr. Stratton in his survey, whenever required. April 27, 1866, Mr. Stratton makes his report as follows: “San Francisco, Car., April 27, 1866. L. Urson, Esq., U. S. Surveyor-General for the State of California: Sir:—In obedience to your instructions to me, dated February 27, 1866, for the survey of the Military Res- ~ervations in San Francisco County, as soon as I had finished the work in hand, on the morning of March 23, before commencing the survey, I reported myself to the Commanding Officer at Point San José, Major Bowman, as requested by Col. Drum. I intended to have first consulted the Command- ing General, Gen. McDowell, in relation to the pro- posed survey and for that purpose called at his quar- ters atabout 8 a. M., before reporting to Major Bowman; but he had not yet arisen, and I could only leave my name official position, and mission. With Major Bowman I held a lengthy conversation and exhibited my instructions, the President’s pro- clamation describing the Reservations, a .d the certi - fied map thereof {rom the General Land Office, which were to be my guide in the execution of the work, and explained to him, as fully as my then limited knowledge of the localities extended my proposed plans of survey and informed him that I had been directed by your chief clerk, Mr. Conway, to run any lines the Military Department might wish, in addition to those I might establish under my instructions. The certified map to which I have referred repre- sents the Point Ran José Reservation as being bounded .by three right lines on the easterly, southerly and west- erly sides at distances of about 800 yards from the northern extremity of the point, while the written de- scription limits the same boundary to ‘not less than 800 yards from ” the same point. Under this description, there could have been in- cluded a margin outside of the 800 yards, had it been deemed necessary for military purposes, and which I suggested could be done if he (Major Bowman) so desired it; but he answered that his Department did not wish to have included in the Reservations any more than the minimum quantity designated in the official descriptions, and directed me to survey for its southerly 8 boundary an arc of a circle of 800 yards radius from the extremity of the point, the field-notes of which I return to you. Both the map and the written description clearly represent the Presidio Reservation as being bounded on the south by a straight line from the southern ex- tremity of Mountain Lake towards a point 800 yards due south of the northern extremity of Point San José; and as this line was described thus unmistakably in both documents, I established the southerly bound- ary of this Reservation in accordance therewith, be- lioving that the same rule should be adhered to in this case as in surveying private land claims, viz: to fol- low strictly all specifically described lines. As before stated, I began the survey on March 23d by establishing an initial point in the arc around the Point San José Reservation. Major Bowman offered me kindly a detail of men, should I need them in my work: but I replied that I would be occupied during the first two or three days inestablishing initial points, retracing township lines &e., and should not want them; and on the 26th, having established the position of the corner monuments of the southern boundary of the Presidio Reservation, I, in person, notified Major Allen, Commanding the Post, who expressed the same ratification that Major Bowman did, viz: that the lines of the Reserves would at last be officially surveyed and settled. I asked as to the detail of men, referred to in the communications from the military department to your office and I presumed from my instructions to be fur- nished for the purpose of placing more conspicu- us monuments on the lines between the corners, and whom I supposed would have orders or an officer to direct them what to do upon my showing the lines. Soon after our interview, on going upon the ground, found the men together with several citizens and lum- ber on wagons at different points. The correct line of the Reservation, as I had estab- lished it, was then pointed out by me; after which 1 proceeced with my surveying duties. On the 28th I again went to the Point San José Reservation for the purpose of completing the survey of the proposed arc for the southern boundary; but Major Bowman re- quested me to defer it a few days, as, in consequence of some changes that were being made in the disposi 9 tion of tl arri fon 1e garrison, he would not be able io attend BL id Lm I completed the work ‘ w hold myself in readiness to si ilitary Depot the 1 2 s to show the Military ) 1e boundaries, whenev de : ver they may d sire to know them. I also re orl . Lalso return to you the fiel - rn field-notes of Ou swamp and tide-lands within the Presidio Res- rime i by the State agent, the County yor of San Francisco County, and clai y aya y, claimed b purchasers of title from the State, who have eared me to attach them to bt: my survey of servation as mete Tin y y of the Reservation as T 1S € 1 1 Wa Bi Kd a character as the arsh ¢ 1de-lands along the oce: ozesh a) g an and around the Bay of San Francisco, and are mostly overflow 1 at ordinary high-tide. : Very respectfully, J A T. STRATTON, . S. Deputy Survevor or. Official: R. C. Drum, Asst. Adj't. Gone i It thus appears that the U. S. Surveyor-General, in officially running the lines as above indicated did SO in exact compliance with the instructions sent out from the authorities at Washington. As a part of those ir structions, he was sent a traced copy of Gen. Totton's sketch or plat, certified by Commissioner Blminds, from the records of the General Land Office—being the identical sketch upon and iu accordance with which the President made the Reservation, as before sided It is this certified traced copy (now on file in the Rltvevor. General's office, and reproduced as the frontispiece of this Memorial) to which Mr. Stratton refers in his re- report as ¢‘ the certified map thereof from the General Land Office” and which was ordered to be his guide He exhibited it to Major Bowman and explained to him the proposed plan of survey, to all of which Ma- jor Bowman assented. Afterwards, when Mr. Strat- ton had ‘established the position of the corner monu- ments of the southern boundary of the Presidio Res- ervation” and in person pointed them out, both Major Bowman and Major Allen approved them and expressed 10 their satisfaction that tbe lines of the Reservations would thus at last be officially surveyed and settled. They t.ercby, for themselves and for Gen. McDowell, whom they represented, virtually recognized the cor- rectness of and approved Mr. Stratton’ lines and sur- vey, as far as it was possible to approve them. In saying, then, that the lots in question, if they were ever embraced in the Reservation, were afterwards ex- cluded and so treated by competent United States authorities, weappeal for proof to the foregoing official documents and what they show to have been the case. Whenever any information was desired from the proper and competent authorities at Washington as to the lines of the Reservation, there was in substance one, invariable, answer: ‘‘ Gen. Totten’s Sketch.” The President followed it. The Engineer and Land Office Departments followed it. The Surveyor-General fol- lowed it. The U.S. Military Authorities at San Fran- cisco followed it—in fact aided and assisted in making the survey in accordance with it. And we may here add that in the same year 1866 the U. S. Surveyor-General, in making his official sur- vey of the Pueblo of San Francisco, treated that sketch as correct and followed it. To this last survey the City and County of San Francisco was, in contempla- tion of law, a party; and the survey, as then made, be- came, if we mistake not, a sort of exccutel official act in the nature of a contract between the parties, which could not, or at least ought not, to have been changed without notice to the City and County and its grantees and giving them an opportunity to be heard. The City and County procured those surveys of the U.S. Surveyor-Geeneral and in accordance with them pre- pared its own official map, projected its streets, delin- eated its lands, and sold and received the price and taxes therefor, as before stated—and all this several years after Mr. Stratton’s surveys and maps and a year or two before any objection was made to the lines as es- tablished by him. 11 III. J The alteration in 1870 of the Reservation lines, estab- Slo the U. 8S. Surveyor-General in 1366, 50 as to Le i Lines include the suid lots, was unjust and Mr. Stratton’s surveys and maps were made in 1866; and it was not until 1869, so far as we know or as ap- pears from documentary evidence at hand, that any ob- jection was made. By that time there had been a change in the military authorities at San Francisco, and also a change in the General Land Office at Wash- ington; and it is more than likely that the new officers were not as conversant with all the facts and equities of the case as the old ones had been. The only docu- ments we find on file bearing upon this branch of the subject are: January 8, 1869, Commissioner Jos. S. Wilson writes to U.S. Surveyor-General Day of California that objections were made by the military to Mr. Strat- ton’s survey, claiming that the southeastern corner of the Presidio tract [as they understood it, of course, | had been ignored by him. There is no request, how- ever, for Mr. Day to make a new survey. February 3, 1870; Special Order No. 22 from Head- quarters, Department of California, ordering Lieut. G. M. Wheeler ‘to make a resurvey of the Presidio Re- servation, running the lines in accordance with the proclamation of the President of the United States, dated December 21, 1851, and continuing the same to deep water, so as to fulfill the intentions of the recom- mendation contained in the letter of the Department Commander to the Adjutant General, dated December 15, 1869, which was approved by the Secretary of War.” June 28, 1870, Lieut. Wheeler makes his report as follows: Engineer Office Head Quarters, Department of California, San Francisco, California, June 28th, 1870. Colonel John P. Sherburne, Asst Adjutant Gen- eral. H'd. Q'rs. Department of California. 12 “war ewith Colonel: 1 favo the boner fo EL, wresey o i y opies 0 let § 01 CR at the Presidio > De Ne California, made in accordance » v Jos Ee ned in special order No. 22, Re Pa dg A nnd scale a plan i Oo ana at Presidio ne pep) nt Great care has been as bs Bot work which has been concluded oy y a rection of Lieut. R. H. Savage, U. Er neeially in the accuracy of the survey a at Pe Jin from the southeast corner to the m ho en ok on the ocean beach, upon ie : 3 2 the limits of the reservation are nase o y } Dojo by referring to a letter from J % 5 Sa mi Generalof Engineers, to Hon. C. M. . 5 ini ’ ndia- f War, October 23, 1851, containing Ee ns wpon which the President's order i Be il o 0 Se 91. 1851, was based for the oS vation as ordered to be set aside by 1 thority, November 6, 1850. soya lL The description 1s somewhat vague SR ; J : part of the boundary which traverses = ou ing : «The ihe words describing the limits are as ie ar land north of a line running in a No ic 3S doco from the southeastern corner of the pos oo Sey the southern extremity of a pond lying ey Point and Toint Lobos, rl Bor oh 0 a out assine through the middle of sulci re fot to the clianinl o i, a direction T heast corner was located riny d i Lg at a point designated and wo bid id E D Keyes and Milo Hoadley; and the pom Rue tormined Tas been considered as the initial Pp % resent sarvey. : as ie i, of a lake may hi Jogkeed ys 3 a point of doubtful locality : if 16 hac ; 908 1 pind pe. the centre point of the surface of t he hoot viii nary low water its position might be de ST oe more accuracy. TO follow as far as possi ny supposed to have been the true bs, of Be = scription, the point gidue yA Bese De st southerly point has been taxoll, © . oh he the it A and this point 1n connection wl : : Eo the line from the middle point so assumed to the ou 13 let of the lake are taken as that part of the southern boundary line that traverses Mountain Lake, so called. The outlet to this Lake has long since been closed up: and the Company known as Spring Valley Water Works have an iron pipe running through a tunnel and following pretty generally the direction of the old outlet, as I am informed, for a distance of nearly 500 feet, coming to what appears as the source of Lobos Creek, showing itself as a small spring; thence the centre of Lobos Creek to the ocean 1s taken as the re- mainder of the southern boundary. The specialty of this survey consisting in its con- tinuation to ship’s channel or deep water, the curve of twenty-four feet has been so assumed; and this curve as taken from the U. S. Coast Survey Hydrographic sheet has been joined to the present land survey. I have been unable to find any authority defining exactly what shall be used as the deep water line. The cus- tom of the coast surveys has been it is believed to limit it to 18feet in depth. The statutes of the State of Cal- ifornia recognize the 24 foot curve as the limitary line and the State have so disposed of tide lands by virtue a > a a map before him 1ad the City and County offici fF on the margin of hi Y Bin g 118 own my -ansmi i THEE nv ap, transmitted with his; ny LM the City streets bordering upon : > have been taken from the City S : : : Surveyor’s un the use of which was obtained Re Wn, P. umphreys, City and County Surveyor.” Se Bhithvomd the matter, as near as we can ascertain Demian 5 ing ae old ers of San Francisco, eem 2 or 1853, when lands i Viel Jas entirely vacant and Tl ae Jou and fhe location of the lines of the Reservation yas e or no concern to anybody, and no resist- would or in fact could in the then state of titles ri s ~~ —— cm — 5 _- : a EET pt = A J. aa Eo or 16 ‘ ying a mile been made to the Government's OCCUPY son and -e been person me have more or a mile or two less, some a CORBON » 2 © Or a not appear who he was—stuck i the southern it does : © : fn ground on what he Sess 2 idio Reserva- in f the Fres ; : 'n corner O . 1 southeastern : »ial about the uae “ re was of course nothing A he was ion. e : 10ever i p for the reasons that such De ald be authori- act; 1 tl oint could : bv 2 1at nO P : ; y authority anc : : icial survey. had D fixed or determined without an op while tatively fixed the spring of summer 0 id oy Afterwards, In the Sprilis av in the City of San 1 Vigilance Committee held sway arms among the Vig was a great demand for a tial) Francisco, there 1 to it. A detachment accordingly posed. to 1k. / the party opi 1 ca C 1 yi ne other arms and SN is algun Sa ie o “a lines. Twelve years afipttoas Li ’ oat os ara that the Presidio Bom Se he it 1 by Mr. Stratton, was not ary tion, as established by a . i lines, procured E. D. Keyes i OE point supposed to on a J Bo oo old cannon. The whole Tilers fe pons determined on; and every Sb 20 on foe carrying out that determination. ni or a the ye that two years aflerwaras, Wash a of ¢ Order No. 22 a In : m: is survey, he not only ; . Sey he es the action of hel 3 Sag ity and County 2 Oe : ” A fo Cp the point designated by x DK oy Milo Hoadley his initial pois a il ots he assumed the matter in dispute an ih Be i any authority to a % i a : t frou that officially fixed by the Su i gn had a right to fix any other line, taking © ’ : : intention the evident 11 enough, and with 17 in still more land. Tf the approval of his survey by the Commissioner of the Land Office could make it valid, the Reservation might have been extended so as to take in a section or two more, instead of the hun- dred acres extra which the new lines did take in; and the survey and its approval being as we said entirely ex parte, no objections could have been made or would have been entertained. In this view of the case—and we submit that it is the logical view—no order or proclamation of the President or Act of Congress would be required to make a Reservation. In this view it would also follow that the City and County of San Francisco and its grantees might and would be deprived of their lands without compensation, without process of law, and without a possibility of being heard. Would not this be—is it not unjust and in- equitable ? We have thus stated the circumstances, so far as we can ascertain them, under which the southern line of the Reservation was extended so as to include the lots in question. The real object or the advantage to be gained to the Government, we are unable to ascertain. We can not see what use or purpose the Government can put the land to. It could hardly be for the pur- pose of planting ordnance, because it is too far from the shore; and even Lieut. Wheeler, while decorating his map with a large number of imaginary forts rea doubts and batteries, does not place any of them near it. It could not be for the purpose of barracks or pa- rade, for besides being remote it is broken up with ravines. It could hardly be for the purpose of renting to the dairymen of the vicinity for the pasture of their cows, because it is mostly if not entirely sandy, grass- less, and unfit for cultivation. In view of these facts and of the very large extent of the Reservation without it—the greater portion of which never has been and is not likely to be put to any practical use—it seems to us that we are justified in saying that the Government has 18 no need of any of the land outside of Mr. Stratton’s sur- vey. The only practical use it can be put to is to build private residences and such expensive improve- ments as will be made by persons having the fee of the land. In conclusion, we ask of your Hon. Body a favorable consideration of the premises. We ask that the lots, for which we have paid and received deeds as afore- said, may be assured to us. And we further, on be- half of the City and County of San Francisco as well as of ourselves, ask that the portion of the Public Park at Mountain Lake, excluded from the Reservation by Mr. Stratton’s survey and included by Tieut. W heel- er’s, may be released to the City and County. Let it be at once improved and adorned, as proposed and di- rected by the present Legislature of California. All of which is respectfully submitted. THEODORE H. HITTELL, Counsel for S. M. TiBBITS, A. M. SIMPSON, and many others. San Francisco, January 30, 1874. FORT POINT pd i 2 | | | | IL / iE 3 : - 37, | AT |) | L r SQUARE I 1 hi 13 tr wl si PRESIDIO RESERVATION. wf] 1 10437 10 1 voses | POINT SAN Job i523 [|| || seuare |]: | SST | “| AV. mk al 1 r -— — e— ———— - 3 all _ - ee ALCL te] LT] COOCEORCK “v ~ ~! HH BROADWAY | a! : 1. I~ 4 Ww JA S r | ~ ett LL] r | BUCHANAN a LY] fi od dts 1) 1 5) GOUGH ea) FRANALIN ae = | \AFAYETTg : | SQUARE | FH YH LLL a) ~ | Ou - LL FRE RE ERE ALU CLE ] 1] J il 1 wi! | Wl oi) As x xr Io = CALIF | k k ke Rk § a 2 2 x x Kk FF F > . Cg isu : ld EN y x + s ] x a \ < ~ RF R x Ly C oy | k Lines in Yellow indicate Survey of Military fteservation af the Presidio and Point San Jose as made tn Marck and Cpril 7/866 and approved Wthell.S. Survevor General for the Stale of California Sept 15 21866. Lines in Red indicale Survey of Mililary Kesar vation of the Presidio a 4 made by Lieut. GH Wheeler: Corps of Engineers 27 1870 and approved by the Hon. Comanissioreer of the Gun. Land Gyice Qug 19~ 7652. ? racl lirled lied ry port ard parcel of the Official Map of the Cibv and County of San tbancisco andwas deeded by said City Lu different partiesin the d Lstribution of the V2 810 and 841 indicate Sclrool Lots. Probie Lunds belonging to anid Cely ard County. Lotsmarfied Str City Alocks 4 D2 I2 fry van prlorens Sun Francisco Dee. 13% 71873. . City und County Jurveyor Seale gf 7000 [1 7a One Inch reduction ratio change TT & © / Q dele vp HO [1 La One [nel s / Pe r POINT hn. NR \ PRESIDIOD f J» f SAN n R ANCIS CO. EV EO TT TT I ted Le JINN Le CEL TE EO 1 VIE Shoo ETS 1 HE TN i RESERVATION. AT ET I rr I I 2 EY 10 0 OO CR PC i a EL 1 CAVITE 1 EE a | | iu btn i I FI a | IR LE ee eT A cele SL JL HY HY 8 Sa LWT rll em mati 4 TY 7 Wy 4 Uf EH LL ve bop Wom rb | oes | | |b | |_| 4 A NT Lt yf mee v yy ob oy yoy gy Ll) ll a a TR La IE RL TL ee TR TR TE } | l, eating, as ead ox | | PLAZA | Ea v \AFAYETTE wil we paw Wan WE a a RTI EID RE EERE PE IL] LLL] fi Lies rr Ve llow indicate Survey of. Wilite ry Hese rv ates we af The stro and Point Sar. Jose as rm A Withell. S. Survever General jor the Stale of California Sepl 5 - LiS66. Lines in Fed indicale Survey of Lieut. GHMWheeder Corps of Fn Lorn eers y 272 J&70 1rd approved by the Hon. Comndssiorcer of Lhe Gece Joon d 0 poreel of the Official. Hopof tee Cilv ond County of - Scere drrneceseo and was devded by sole (ELy 7 ) iff rl Jart [rie hlo Loreridds belonged lo anid Cily creed County. Lilsmmarfied 5 ere Cely locks A250 and $47 cindicete 3 lroiol [ols Moreh a wel Clg sind (860 and appro: of Wililery fleservalion ihe Presidio as made by i852. Tract linled (ted distribulion of the ce (Li rg pr cil cared tlie tir (ily cerned Cotertly v J ri r Jr iy YJ / / 7 Jurvevor Sere Francisco ui /3 th 7/877. Retake of Preceding Frame EL LE I A EN EN AA ot 5 A SA NE a I EA RE ESR TSI oS KARE SA An Bn 0 SRR fe oa AR DE SR SERIE TRA RR REE Retake of Preceding Frame END ‘OF TITLE