(    PA IPHLET
RELATING TO THE
CLAIM OF SEN1OR DON JOSE Y, LIMANTOUR,
TO
FOUR LEAGUES OF LA NS
IN- THE
COUNTY ADJOINING AND NEAi THE CITY OF SAN FRANCISCO,
CALIFORNIA.
PUBLISHED BY ORDER OF THE CLAIMANT.
SAN FRANCISCO:
WHITTON, TOWNE & CO., PRINTERS, EXCELSIOR JOB OFFICE,
No. 151 CLAY STREET, THIRD DOOR BELOW MONTGOMERY.
1853.








A
PAMPHLET
RELATING TO THE
CLAIM OF SENOR DON JOSE YJLIMANTOUR,
TO
FOUR LEAGUES OF LAND
IN THE
COUNTY ADJOINING AND NEAR THE CITY OF SAN FRANCISCO,
CALIFORNIA.
PUBLISHED BY ORDER OF THE CLAIMANT.
SAN FRANCISCO:
WHITTON, TOWNE & CO., PRINTERS, EXCELSIOR JOB OFFICE,
NO. 151 CLAY STREET, THIRD DOOR BELOW MONTGOMERY.
1853.








"THE LIMANTOUR CLAIM."
TO THE PUBLIC.
IN the month of February, 1853, 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




4
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 Ayucucho, on the point El




5
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, skillful
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.
Dufiot 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 Fanny."  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 California




7
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 California 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 Senfor 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 office 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 Alvarado continued to exercise the functions of that
office 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 Department to Mexico, by the appointment of Senor 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 Micheltorrena, 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 appointed Governor with the means necessary to carry on the
Departmental Government.  Micheltorrena was sent from Mexico 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




8
had been furnished him by Mexico, and who were called soldiers,
but he was almost entirely destitute of provisions, money, munitions, 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 Sefior Jose 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 Governor 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 Selior Don Jos6 Y. Limantour, dated on
the 8th day of January, A. D. 1843, at the town of Los Angeles.
The original is on file; its genuineness abundantly proved, as
will be seen by the certified copy from the Secretary of the Board
of Commissioners, and the following depositions. It is as follows:
SNR 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 officers 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 ourselves 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,
I Ministry of Re- } Certify the signature of
lations, L. S.   SR. D. MANUEL MICHELTORENA,
Former Governor and CommandantGeneral 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 all his official acts are entitled to full
faith and credence as such.
I Register F, folio 263. In testimony whereof, I have hereunto
Fees, $2. L. S.      set my hand and affixed the Consular
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 case No. 54S, 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 Se-nor Jos6 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 will please to refer
to the depositions of Gomez and Hartnell, as also to the
corroborating testimony of Jimero and Francisco Arce, and
others hereinafter to be found.




11
[A. F.]
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.
Customn House
I Cs Seal.           MOST EXCELLENT GOVERNOR:
I, JOSEPH Y. LIMANTOUR, 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
Jurisdiction of San lan- Departmental Treasury a receipt for the
cisco.
L Cehisco.   sum   of  Four Thousand  Dollars, on
Let this be remitted to
the competent justice, for account of a larger amount due me from
him to report whether the the public hacinda.
two tracts of land men-   Second.  That your Excellency will
tioned  in the present be pleased to grant me for said receipt,
memorial of the French the ownership of the two tracts of vacant
citizen, JOSEPH LIMANTOURa belong to private land, whereof I accompany the plots, and
persons, corporation or that in first in the land comprised from
community, and after the the line of the Pueblo of Yerba Buena,
corresponding investiga- at the distance of four hundred varas
tions have been made, from   Mr. William   Richardson's  old
let the Expediente be
returned for the necessary established house ( casa fundadora,)
ends which may be re- towards the S. E., according to a rough
quired.              map which I have seen in said RichardPueblo de los Angeles,  son's  house,  and  according  to  the
January 11th, 1843. information of the inhabitants and the
(Signed)
MICHELTORENA. 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 Canada 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 will 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 Jos6 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 signatures 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, desires 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 Jos6 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 knowlege, 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. Commissioners to ascertain and settle the private land claims in California, do hereby certify that the foregoing is a true and correct
copy of a paper filed in case No. 548, (wherein Jos6 Y. Limantour 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 Seinor Jimeno 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 February, 1843.
Dear Sir: I have received your polite letter, and have communicated 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 will 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
office, (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,
stating 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 competent justice had taken the necessary
"steps and investigations respecting the said two tracts of land
"asked for by the French citizen, Jose Limantour, and the result
"being, that they were vacant," &c. " The said two tracts of
"land mentioned by the said Don Jos6 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."
Nowv, 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. EIGHT DOLLARS.
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 CASTANARES.
t Maritime Custom House      The citizen, MANUEL MICHELTOof Monterey.        RENA, Brigadier  General of the
Mexican Army, Adjutant Gen'l of the Staff of the same, Governor
and Commandant General of the Department of the CIalifornias:
Whereas, DON  JOSE  Y. LIMANTOUR
Captain of the French Navy, and a
denizen of the Department has negotiated,
The Supreme Provis- in consideration of loans, in merchandise
ional Government of the and ready money, which he has made to
Mexican Republic, in the this Government at different times, to
exercise of the extraordi- obtain the grant of the land contained
nary powers, with which from  the line of the Pueblo de la Yerba
it is invested, and taking
into consideration the Buena, distant four hundred varas from
good services rendered the settlement house (casa fundadora) of
by the French citizen, Don William  Richardson to the southDon. J. Y. LIMANTOUR, east, beginning on the beach at the northratifies and approves the east and following it along its whole edge
grant made-based upon  
preexisting lawful provis- (margin,) turning  round  the  point of
ions, and granted to the Rincon to the south-east, and following
local authority of Califor- the bay as far as the mouth of the estuary
nia, and by which it con- of the Mission, including the deposits of
firms the property granted salt water  and  following  the valley
of the vacant lands, which
thsCaada) to  the south-west, where the
this  document makes C
mention,which is return- fresh water runs, passing to the northed to the party interested. west side, about two hundred varas from
(Signed)             the Mission to where it completes two
BOCANEGRA. leagues north-east and south-west to the
Rincon  as  represented  by  the  plat
(diseho) No. 1, which accompanies the
Expediente.
Second. Two leagues of land, more
c




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 (disello) 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. f In testimony whereof, I have hereunto!  Fees, $2. L. S.    set myhand, and affixed the Consular
Seal, the day and year first before written.
(Signed)                     JOHN BLACK, Consul.
I, George Fisher, Secrctary 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 Seinor 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 Se-nor 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 Sefior 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 Seflor Limantour, and also
granting permission for further 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 CASTAINARES.
Stamp.
Manuel Micheltorena, Brgadier General of the Al~exican 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 Sefior President of the
official note of Your Excellency dated the 24th Feb. last, wherein
you enclosed the memorial which Don Jos6 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, conformably 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 estimation and distinct esteem.
God and Liberty.                    BOCANEGRA.
Mexico, October 7, 1843.
To His Excellency  the  Governor and  Commandaite
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 Government, which (copy) in testimony I sign with the Secretary of
Despatch in Monterey, the 25th December, 1843.
(Signed)     MANUEL MICHELTORENA.
(Signed)  MANUEL JIMENO.
I, George Fisher, Secretary of the United States Land Commission 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,
(Jose 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 Seior Limantour, to the two
tracts of land mentioned in the deed of Governor Micheltorena
to him, dated February 27tfh, 1843, and herein before set forth.
The first deposition is that of 8e-lor Don Manuel Jimeno.
In regard to this deposition of Seilor Jimeno, in justice to
myself I ought to say that it was taken within a very few days
after the petition of Sehor 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. Senior 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 Sehior Jemino; a witness so intelligent, 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?
Answer.-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 Jos6 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 negotiations
were at that time going on between them, and what were those




23
negotiations about. Please to- state all you know about that
matter?
Ansswer. —I know that those persons, Micheltorena and
Limantour 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 Micheltorena. 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?
Answer.-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
procuring money for the use of himself and his forces from
Limantour, as well as goods?
Answer.-I know that Micheltorena received money 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?
Answer.-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 Pueblo Yerba Buena
and near the Presidio?
Answer.-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
authority I asked this information, I do not recollect.
CROSS QUESTIONS BY THE UNITED STATES LAW AGENT.
Question 1.-When did Micheltorena first arrive 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?
Ans:wer.-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?
Answer. —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 Fisher, 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 Seilor 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 Seilor 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 Jos6 Y. Limantour,
claimant in case No. 548, and was duly sworn, his evidence
being interpreted by the Secretary.
D




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 residefice,
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?
Answer. —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 office, and also in the Departmental Treasury.
Question 3.-Have you ever seen any papers or documents
purporting to be a petition made by Don Jose Y. Limantour 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?
Answer.-In the year 1843.
Question 5.-Where did you see them at that time?
Answer. T-In the Secretary's office of Governor Micheltorena.
Question 6.-Since giving your answer to the former interrogatories, have you seen the said original papers again?
Answer. —   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?
Answer.-It is. It is copied faithfully from the original and
is in my own hand-writing. It is certified by the Recorder of
the cournty of Mo nltertv, atv own rcqnest+




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 Jose 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 copy of the documents.  The Recorder
afterwards compared the copy with the original most scrupulously, and then certified it. After I first found the paper I went
and consulted Jos4 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?
Answer. —I did recollect of seeing it before. I was attached
to the Secretary's office of Governor Micheitorena and recollected 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?
Answer.-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?                     a
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-writing 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 possession 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 revolution 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 Jose 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
paper or document.'i'The documents referred to in these depositions are as follows, 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 Micheltorena to Seinor Limantour, dated on the 8th of January, 1843,
written at Los Angeles.
Exhibit No. 3, is the original letter written by Manuel Jimeno
to Sehior Limantour dated Los Angeles, February 2d, 1843.
Exhibit No. 4, is the original deed from Governor Micheltorena to Sefhor 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 Se-nor
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.
San Francisco, July 14, 1853.
At this day, before Commissioner Alpheus Felch, came W.
E. P. Hartnell, a witness produced in behalf of Jose Y. Limantour, claimant in Case No. 548, and was duly sworn, his evidence 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 government while Mexican authority continued in Upper California?
Answer.-I 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 Regidor, 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?
Answer.-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 Monterey. The Recorder's name is James Gleason.
Question 5.-State what you know of said original papers,
when and where you first saw it, the circumstances which
called your attention to it.
Ansiwer.-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. Limantour's claim, which he believed to be original, and desired me to
look and give my opinion.
Question 6. —Have you seen Jos6 Y. Limantour write, and
have you seen Don Manuel Micheltorena write, and are you
acquainted with their hand-writing? If yes, state whose handwriting appears on said original paper, as well the body of the
writing as the signature.
Ansiver.-I have seen both of them write, but Manuel Micheltorena 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  your examination of said original paper
have you any doubt of the genuineness of the signatures of
those persons or of the paper itself?
Answer.-I have no doubt whatever.
Question S. —How long have you been acquainted with Don
Jos6 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.
Question 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.
Ans.,'.er. —[ knowv them both to he i,; tihe haind-Rwrriting,'




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 " Exhibit No. 4," purporting to be the original deed from Manuel
Micheltorena, Governor of California, to Don Jos6 Y. Limantour, dated at Los Angeles on the twenty-seventh day of February 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 revolutions and disturbances which occurred during the latter part of
the Mexican rule, and at the time and subsequent to the Americans 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 ini 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. GREENHOW, ASSISTANT LAW AGENT, AND MR.
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 Castallares, 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 handwriting?
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?
E




34
Answer.-During the whole time of the 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 since 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, Seeretary 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 correct copy of
the deposition of W. E. P. Hartnell, filed in case No. 548,




35
(wherein Jos6 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
eighteenth day of October, A. D. 1853.
(Signed)                           GEO. FISHER.
SECOND DEPOSITION OF MR. HARTNELL.
Office of the Board of U. S. Commissioners, c4c.
This day, before Commissioner Alpheus Felch, came Wm.
E. P. Hartnell, a witness in behalf of claimant, Jos6 Y. Limantour, No. 548, who after being duly sworn, deposed as follows:
QUESTIONS BY GEN. JAMES WILSON, ATTORNEY FOR CLAIMANT.
Question 1.-What is your name, age and place of residence?
Answer.-My name is William E. P. Hartnell, my age fiftyfive years, and I reside at Monterey in California.
Question 2. —Look on the document now here presented,
marked "Exhibit No. 1," with the initials " A. F." annexed to
this deposition, and purporting to be a copy of an order from
the General Government of Mexico, approving of the grant of
land by Governor Micheltorena to Don Jose Y. Limantour in
the Californias, and also authorizing said Governor Micheltorena to make further grants to said Limantour, bearing date at
Mexico on the 7th day of October, A. D. 1843, and state whether
the signatures of Manuel Micheltorena and Manuel Jimeno
thereto are genuine signatures, and whether you recognize the
hand-writing of the body of said paper, and if so, state whose
writing you believe it to be.
Answer.-I have examined said document; the signatures of
Manuel Micheltorena and of Manuel Jimeno appearing thereto,
are the genuine signatures of Manuel Micheltorena and Manuel
Jimeno, respectively. 1 have frequently seen both of them
write, and have no doubt at all of the genuineness of those signatures. As to the hand-writing of the body of the document,
I am not positive whose it is, but I believe it to be in the handwriting of Francisco Arce.




36
QUESTION BY MR. GREENHOW, ASSOCIATE LAW AGENT.
Question 1.-When did you first see the document abovementioned?
Answer.-I do not recollect ever having seen it before yesterday, nor did I ever hear of it before.
(Signed)                  W. E. P. HARTNELL.
Subscribed and sworn to before me at San Francisco, this
29th September, 1853.
(Signed)                ALPHEUS FELCH,
Commissioner.
September 29, 1853.
It is agreed that the foregoing deposition and the document
proved hereby, may be used in cases No. 549 and 715.
(Signed)               J. WILSON.
(Signed)                ROBERT GREENHOW,
Associate Law Agent.
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, correct and true copy
of the deposition of W. E. P. Hartnell, filed in case No. 548,
(wherein Jos6 Y. Limantour is claimant,) among the archives
of said Board in my care and custody as such Secretary.
Given under my hand this 17th day of October at San Francisco, A. D. 1853.
GEORGE FISHER, Sec'y.
DEPOSITION OF WM. A. RICHARDSON.
Office of Commissioners of Land Claims ini California.
This day before Commissioner Alpheus Felch, came William
A. Richardson, a witness in behalf of claimant, Jos6 Y. Limantour, case No. 548, who after being duly sworn, deposed as follows:
QUESTIONS BY GEN. WILSON, ATTORNEY FOR CLAIMANT.
Question 1.-What is your name, age and place of residence?




37
Answer. —My name is William A. Richardson, my age fiftyeight years, and I reside at Saucelito in Marin County in the
State of California.  I have resided in California thirty-one
years.
Question 2. —What was your profession or business in early
life?
Answer.-A sea-faring life.  I came to California as first
officer of a vessel.
Question 3.-What offices have you held in California?
Answer.-I never held any public office until 1835 when I
was appointed Captain of the Port of San Francisco.
Question 4.-What year was it when you arrived in California, and at what particular place did you reside during the six
or seven years next after your arrival?
Answer.-I arrived on the 2d day of August, A. D. 1822, and
lived from that time until the year 1829 at the Presidio of San
Francisco.
Question 5.-Was you married during that ti'me, and if so, to
whom?
Answer.-I was married on the 12th day of May, A. D. 1825,
to the eldest daughter of Don Ignacio Martinez, the then Commandant and Commissary of the Presidib. He was in full command there at that time.
Question 6.-What was your employment or business while
you resided at the Presidio of San Francisco from 1822 to 1829?
Answer. —I was employed generally in the Bay of San Francisco with launches, freighting for the Government and assisting the Commandante as Interpreter in the entering of foreign
vessels into port. I also acted as pilot to such vessels. I also
cultivated some small pieces of land in the neighborhood. During that time, I was once down the coast to San Diego with a
small vessel, belonging to VWilliam HIartnell of Monterey.
Question 7. From 1822 to 1829 where was the anchorage
for vessels after coming through the " Golden Gate," into the
Bay of San Francisco?
Answer.-For merchant vessels, it was at the eastward of the
fort, about three cables' length from the fort, inl a srrall bay opposite the Presidio. They anchored at that place up to Decem



38
ber, 1824. Whale ships used to go to Saucelito to anchor for
the benefit of fresh water. From December, 1824, the merchant
vessels came to anchor at the Yerba Buena Cove.
Question 8.-What was the reason of removing that anchorage?
Answer.-On account of the strong ebb tide, occasioned by
the heavy freshet from the rivers, it being a very remarkable
season for heavy rains. The old anchorage, by reason of this,
was a dangerous one. The heavy freshet washed away the
beach greatly and part of the land which the fort stands upon,
and the vessels were very near being taken to sea.
Question 9.-Was there any communication made to the
Governor of California in relation to the removal of the anchorage? If so, at what time, and by whose order?
Answer.-In 1828 orders came from General Eschendea, then
Governor of California, to the Commandante of the Presidio, to
obligate vessels to anchor at the old anchorage, at which the
Commandante requested me to write a communication to the
Governor, stating the impossibility of vessels anchoring at the
old anchorage, as formerly. I made the communication as
directed; in answer to which the Governor sent orders to the
Commandante to permit vessels to anchor at the anchorage of
Yerba Buena, and to be very particular in putting a guard on
board of each vessel, and not to allow any private individual to
locate on any pretence whatever in that vicinity; and from that
time it was always considered the general anchorage for the
Port of San Francisco.
Question 10. —Where did you go to reside after leaving the
Presidio of San Francisco, in 1829?
Answer. —I went to the Mission of San Gabriel, near to the
Pueblo of Los Angeles, where I resided until the early part of
the year 1835.
Question 11.-What was your business at San Gabriel?
Answer.-I was employed superintending the building of
a small vessel belonging to the Padres of the Mission, and I
also sailed along the coast in the same vessel and also in other
vessels belonging to the Mission. I went during that time a
voyage to Callao, on the coast of Peru, and two voyages to




39
Mazatlan and San Blas. The vessel above mentioned was
built in the creek on the Bay of San Pedro, the seaport of Los
Angeles, and twelve or thirteen leagues from the Mission of San
Gabriel. My wife and family during that time resided at the
Mission of San Gabriel.
Question 12.-Was you during the time mentioned in your
answer to the tenth interrogatory, often back and forth from the
Bay of San Pedro to the Bay of San Francisco?
Answer.-I was.
Question 13.-When did you leave San Gabriel, and where
did you then go to reside?
Answer.-I left there in May, 1835, and went to reside at
the Yerba Buena.
Question 14. —State the circumstances under which you came
to the Yerba Buena; upon whose application, and the object of
your coming to Yerba Buena.
Answer-By the request of General Figueroa, who was at
the Mission of San Gabriel in May, 1835. He requested me to
come to Yerba Buena, to establish me as Captain of the Port
of San Francisco, as he had seen a communication written by
me in 1828, respecting the anchorage at Yerba Buena, and he
wished to lay off a small settlement for the convenience of public offices at the anchorage of Yerba Buena.
Mr. Howard, Law Agent, objects to the above answer as to
the contents of writings, without the production and proofs.
Question 15. —Did you comply with Gov. Figueroa's request
in leaving San Gabriel and coming to Yerba Buena?
Answer.- I did.
Question 16. —Please state the manner you came, and in
whose company.
Answer.-I came by land with my family, in company wirth
General Figueroa. Sometimes he was a little ahead and sometimes I was, while we were on the way, until we got to the
Mission of Solidad. At that place he left me and took the
road to Monterey.
Question 17.-State what orders General Figueroa gave you
in relation to founding a settlement at Yerba Buena, for the
convenience of the anchorage.




40
Answer.-He gave me verbal orders to come to the Yerba
Buena and await his orders, as he had to order a meeting of the
Departmental Assembly to lay off the small village at Yerba
Buena.
Mr. Howard objects to the testimony, and to any evidence by
parol of orders from Figueroa to the witness, and of orders from
the Departmental Assembly to Figueroa.
Question 18.-Did you come to Yerba Buena in pursuance of
the directions of the Governor?
Answer.-i did.
Mr. Howard objects to the question as a leading one, and to
the answer thereto.
Question 19.-When did you arrive at Yerba Buena?
Answer. —About the month of June the same year.
Question 20.-Where did you next hear from Mr. Figueroa?
Answer. —In the month of August following; not directly
from him, but from one of the officers belonging to his Staff,
Lieutenant -Navareta.
Question 21.-What communication did he make to you?
Answer.-He ordered me immediately to go to Monterey, as
the General wished to see me very much. It was a written order.
Mr. Howard objects to all testimony on the subject, without
the production of the written order.
Question 22.-Did you go to Monterey, immediately after
that?
Answer. —Iwent in about eighteen hours after I received the
order.
Question 23.-Did you or did you not see Governor Figueroa
when you arrived there?
Answer.-I did not see him alive; I saw him dead.
Question 24.-Who succeeded Governor Figueroa in the office
of Governor after his death?
Answer. —Don Jose Castro. He was the first person I saw on
my arrival.
Question 25.-Had you any conversation with Don Jos6
Castro at that time, at Monterey, in relation to your business at
that place? If so, state what.'Mr. Howard objects to all evidence of conversation with Don
Jos6 Castro.




41
Answer.-I did. He is still living. He first mentioned to
me that General Figueroa was very anxious to see me, as he had
made arrangements with the Assembly about laying off a small
village at Yerba Buena; as he particularly wished for me to get
a lot for my habitation there, where he wished to establish me
as Captain of the Port of San Francisco. At the same time
Castro told me that I could not locate within two hundred varas
of the beach for a private residence, as that was reserved for
public offices. He was then Political Governor, but could not
attend to any business until after the ceremonies of the funeral
of General Figueroa were over, and then he would despatch me.
I told him my family were entirely alone in a tent here at Yerba
Buena, and wished him to permit me to return immediately to
my family, until he had time to attend to laying off the town or
village. He told me that I could return immediately, and that
he would send up orders to the Civil Authority to lay off the
village at Yerba Buena, and requested me to assist the Civil
Authorities in laying it off, which I told him I would do.
Question 26.-Was the Departmental Assembly, or some of
the members of it, at that time, in attendance at Monterey?
Answer.-They were there, but I do not know whether they
were doing any particular business just at that moment. I
came away directly.
Question 27.-When did you next hear from Monterey, and
fromn whom?
Answer.-The first time I next heard from Monterey, was
from Don Francisco De Haro, Alcalde, then residing at the
Mission of San Francisco de Assis.
Question 28.-What did De Haro communicate to you, in
regard to the establishment of the small village of Yerba Buena?
Answer.-He had a letter from the Political Government
directing him to lay off a small village at Yerba Buena, and to
give me the first one hundred vara lot after the village was laid
off. But he could not then do it, because he had not the
Ayuntamiento collected together. They were then scattered
about. He requested me to be present when he laid it off, and
required my assistance, and said he would let me know when he
was ready to do it. I was then living in my tent on the hill, at
F




42
the edge of the woods, within the limits of Yerba Buena. About
two days after this, he collected the Ayuntamiento and came
with them to my tent, and he told me he was then ready to lay
off the village, and required my assistance in so doing. He told
me his first orders were to reserve two hundred varas all alongthe beach opposite the anchorage, for Government offices.
Mr. Howard objects to the testimony in answer to interrogatory 28.
Question 29.-Please to state what the Ayuntamiento did at
that time?
Answer.-They measured off two hundred " varas" from the
beach, in a. south-west direction, and then told me I could select
some place out of that limit on the clear land as represented
for my one hundred " vara " lot. I told them I wished to go a
little higher up to the south-west from the foot of the hill.
They then measured off another one hundred vara in the same
direction. I told them I wished to locate my lot somewhere in
that limit from the beach. The magistrate, Don Francisco De
Haro, told me in presence of the Ayuntamiento, that he must
have a starting point from the south-east, so that he could fix
the lot. He then appointed the first sand hill to the south-east
from where we were standing, as the south-east. boundary. He
than went to that first sand hill with the Ayuntamiento and I
accompanied them; and he pointed the direction in which the
streets must lay.  He then told me that I could take the first
one hundred vara lot from the starting point, or any one
hundred vara lot in the direction to the north-west.  He
commenced measuring and measured off the first one hundred
vara lots, and in measuring the fourth one, I wished to take one
half of the fourth and one-half of the fifth lot, as these parts
were just where it come on the cleared part of the plain, and
left it more open. He told me he could not give me a half lot,
but I might take any one complete one hundred vara lot any
where in that direction. I selected the fifth one hundred vara
lot from the starting point.  He measured off more in that
direction, but declared all the land in direction on that line
to the waters of the bay on the north-west boundary for the
small settlement of "Yerba Buena," and at the same time laid




43
off the street in that same direction which he called " Calle de
la Fundacion." and measured two hundred varas more from
the south-west side of my lot to the south-west, running into the
hills, which he called the south-west boundary-(being parallel to
the street above named) of the small village of Yerba Buena. The
south-east limits were three hundred varas from said street in a
south-west direction from the commencement of the street, and
from the same street in a north-east direction along the sand
hill into the bay. The borders of the water from that point all
around towards the north-west to what is now called the North
Beach at the point where the south-west boundary came to the
bay, formed the other boundary.  The first two hundred varas
measured off on the beach were reserved for government
purposes.
(Mr. Howard objects to this question, as asking parole evidence
of matters in writing, and to the answer for the same reason, and
because it is irrelevant, hearsay, and statements of conversations
between third parties, and in other respects illegal and
incompetent.)
Question 30. —Please to state how far the south-eastern
limit of the small settlement of Yerba Buena was from the
south line of your one hundred vara lot.
Ansyer,-Four hundred varas to the south-east limits.
(Mr. Howard objects to this question because it assumes a
fact, and also to the answer thereto.)
Question 31. —Did you make a plan or map, showing the
limits of the small settlement of Yerba Buena.  If yes, by
whose direction?
Answer.-I did, by order of the magistrate, Don Francisco
De Haro.
Question 32.-Look at the paper now here shown to you,
marked " Exhibit No. 2," with the initials " A. F." annexed to
your deposition given in case No. 280, and say whether it is
the map made by you by order of De Haro, as above stated.
Answer.-It is the same.
Question 33.-Did you immediately after make a copy of
the map. If so, by whose order and for what purpose?
Answer.-I made a copy immediately after by order of the




44
Magistrate, Don Francisco De Haro, to send to the Political
Government.
Question 34. —Look at the document, now here shown to you,
marked i' Exhibit No. 1," with the initials " A. F." annexed to
your deposition in Case No. 280, and say whether it is a letter
which you received from Jos6 Castro, acting Governor of California, under date of the 20th October, A. D. 1835?
Answer. —It is. I received it about the latter part of October,
1835. It was delivered to me by Don Francisco De Haro, the
Magistrate.
Question 35.-Are you acquainted with the hand-writing of
Jos6 Castro? Have you seen him write?-if yea, is his signature to that letter his genuine signature?
A nswer.-I have seen him write and am acquainted with his
hand-writing. The signature to the letter is his genuine signature.
Question 36.-How long did you continue to live in the little
settlement of Yerba Buena, after returning here ini 1835?
Answer.-I lived here until the year 1841, the early part, when
I went to reside on my farm at Saucelito, where I now live.
Question 37.-During that period of time were there any
grants of land made in the settlement of Yerba Buena outside
of the limits you have above stated, to your knowledge?
Answer.-Previous to the year 1841 there were no. grants
made outside those limits. (Mr. Howard objects to this question and answer, the grant not being produced.)
Question 38.-Did you continue to hold after moving to your
farm, the office of Captain of the Port of San Francisco?
Answer. —I did. I held it until the latter part of the year 1844.
Question 39.-Did you ever know of any grants of land for
settlement in the immediate neighborhood of Yerba Buena, outside of the limits above described, until after the Americans
took possession.
Answer.-Not any.
(Mr. Howard objects to the question and answer.)
Question 40.-Are you acquainted with Jos6 Y. Limantour,
and when and where did you first become acquainted with him?
Answer. —I am acquainted with him. I first became acquainted with him at my house, at the Saucelito farm, on the 9th day
of November, in the year 1841.




45
Question 41.-How long did Mr. Limantour remain in this
neighborhood, subsequent to that time?
Answer.-He remained here nearly a twelve-month. His vessel was cast away on the Point de Reyes. He hired a vessel
and went to the point, to bring down the part of the cargo which
was saved, and brought it down and put it in an old adobe
house here, which formerly belonged to me, where he remained
with it most of the time. He finally left here in a small schooner,
which he bought of General Vallejo, about October, A. D. 1842.
Question 42.-Have you since that time had any further
communication with the Mexican authorities about the limits
of Yerba Buena, and the vacant lands in the neighborhood of
it?-if yea, please to produce any correspondence or communication you have had on the subject.
Answer.-I have had a communication, —that which I now
produce'is it.
Witness here produces a paper purporting to be signed Manuel Jimeno and dated 14th January, 1843, and written in the
Spanish Language, which paper is annexed to this deposition
and marked " Exhibit No. 1., with the initials " A. F."
Question 43.-Are you acquainted with the hand-writing of
Don Manuel Jimeno,-have you seen him write and is his signature to the letter that you now produce, his genuine signature?
Answer.-I am acquainted with his hand-writing, and have
seen him, —this is his signature.
Question 44.-State by whose hand you received that letter?
Answer.-By that of the former Magistrate of San Francisco,
Don Francisco De Haro.
Question 45.-About what time?
Answer. —About the latter part of January, A. D. 1843.
Question 46.-Did Francisco De Haro show to you at the
same time a communication which he had received from the
Government upon the same subject?
Answer.-He showed me a communication on the same subject addressed to him.
(Mr. Greenhow objects tothis question and answer, the communication not being produced.)
Question 47. —Did you and Mr. De Haro answer the said




46
communications, and did you accompany the answer with any
map or plan? and if so, what?
Answer.-I answered the letter and sent a copy of the original
plan which is here presented, marked " Exhibit No. 2," with the
initials " A. F." and filed with my Deposition in Case No. 280.
(Mr. Howard objects to this question and answer.)
Question 48.-To whom did you send a copy of your map, as
stated in your last answer?
Answer.-To General Micheltorena.
Question 49.-Did you write a letter in reply to the one addressed by you from Jimeno, annexed to this Deposition, marked' Exhibit No. 1," with the initials " A. F.," and if so, to whom
did you address your reply?
Answer.-I answered the letter, and addressed it to General
Micheltorena.
Question 50.-Did you see Mr. Limantour here in the harbor
of San Francisco, subsequent to the fall of 1842? If so, state
when.
Answer.-I saw him here in 1844, and again in 1847.
Question 51.-Have you had any other correspondence with
any of the Mexican authorities, civil or military, in regard to
vacant lands at the Yerba Buena? If so, please to produce it.
Answer. —I have. The paper now produced by me is a letter
from General Vallejo. [The letter here produced by the witness
purports to be a letter signed by M. G. Vallejo, dated Sonoma,
Nov. 7, 1843, addressed to the witness and written in the Spanish language. The same is annexed to this deposition and
marked " Exhibit No. 2," with the initials " A. F."]
Question 52.-Are you acquainted with General Vallejo's
hand-writing? Have you seen him write? If so, state whether
this letter and the signature are in his own hand-writing.
Answer.-I am acquainted with his hand-writing, and have
seen him write, and this letter is in his own hand-writing, and
so is the signature.
QUESTIONS BY MR. GREENHOW, ASSISTANT LAW AGENT.
Question 1.-Does the street, called by you Calle de la Fun



47
dacion, correspond in direction with any street in the city of
San Francisco, at present.
Answer.-It does not correspond in location with any street.
The new streets laid out in the south-east part of the town were
nearly in the same direction.
Question 2. —Describe, as nearly as you can, with reference
to the present streets in San Francisco, the position of the first
sand hill, which you say formed the limit of the town of Yerba
Buena on the south-east, agreeably to your plan.
Answer.-The first sand hill was between the streets now
called California street and Pine street, and it was nearest to
Pine street.
Question 3.-State the position, as nearly as you can, of the
starting point of the Calle de la Fundacion at the sand-hills
from which the lots were measured.
Answer.-That starting point is now the present corner of
Pine and Kearny streets, but not quite so far south as Pine
street. I could tell the place within a vara by going on the
ground and measuring the distance from my lot.
Question 4.-What was the course or direction of the sand
hills from that point towards the bay.
Answer.-About north-east.
Question 5.-When was the direction or course of the streets
changed from the course laid down by you on the maps?
Answer.-They were first changed in 1839 by a survey made
by Captain Vioget. They were surveyed at different times
afterwards, but I did not take any particular notice how they
were laid off after that.
Question 6.-Did you know or ever hear of any decree or
order of the Territorial Deputation or Departmental Assembly
adopting the plan and limits recommended by you for the town
of Yerba Buena, or any other plan or limits?
Answer.-I never saw or heard of any except that which I
have presented.
Question 7.-What was the most southern lot occupied by
any individual in Yerba Buena in July, 1846?
Answer.-I do not recollect any further south than that occupied by John Fuller. That lot was located at the noith of the




48
Calle de la Fundacion, near what is now Pine street, and a
little to the northward and westward of that street.
QUESTIONS BY MR. HOWARD, LAW AGENT.
Question 1.-When did you first hear of the Limantour
grant?
Answer. —In the early part of 1843 I first heard of this application for a grant.
Question 2.-W- hen did Mr. Limantour first settle upon or
occupy any portion of the grant?
Answer.-I never saw him occupy or settle on the land. He
never built a house on it, nor occupied it, nor built any fence on
it, as I ever saw.
Question 3.-Where does Micheltorena live, and where has
he lived since July, 1846?
Answer.-I do not know. I think he lives about Mexico in
some place.  In 1852 he was living very near the city of
Mexico.
Question 4.-Do you know whether Micheltorena has any
interest in this Limantour grant?
Answer.-Not any that I know of, I never heard it mentioned.
Question 5.-Did you ever have any conversation with Limantour touching an interest of Micheltorena in this grant?
Answer.-No conversation whatever.
Question 6.-Have you never seen a draft drawn by Micheltorena, or in favor of Micheltorena, or by or in favor of Limantour, for a purchase or sale of a grant of land in California, and
if so, what grant?
Answer. —I have never seen any.
Question 7.-Where has Limantour resided since 1846?
Answer.-I do not know where his residence is. In 1852 I
saw him in his establishment in the city of Mexico.
Question 8. —What business was he engaged in at that time?
Answer. —He had a very large store of arms, and he represented to me that he was supplying the government with arms
and ammunition. I saw him at his store.




49
Question 9.-Did he inform you how many years he had been
supplying the Mexican Government with arms?
Answer. —He did not inform me exactly the time, but he said
he had always been supplying them.
Question 10.-Do you know how many, or what years he
had supplied them?
Answer.-I do not. I know that in the early part of the year
1844 he brought on arms to California for the Mexican Government.
Question 11.-Do you know any thing about his vessel being
detained, or being himself arrested by an officer of the United
States navy or army, on a charge of supplying the Mexican
Government with arms in the year 1845, 1846, 1847, or 1848?
Answer.-I heard of his being arrested by an American vessel of war on the coast of California, during the war of 1846 or
1 847.
Question 12.-What did Limantour say to you in regard to
this arrest?
Answer.-He said that he had every satisfaction from it that
he required. I think he said he got satisfaction from the United
States Charge D'Affairs in Mexico.
Question 13.-During what year did he get this satisfaction?
Answer.-I do not know, he did not inform me.
Question 14. —What did he tell you about claiming the protection of the French Government as a citizen of France?
Answer. —He never told me any thing about the French
Government in respect to protection,
Question 15. —During what years since 1843 have you seen
Mr. Lirnantour in California?
Answer.-I saw him here in 1844 and in 1847, and again in
the last part of 1852, and in the early part of the present year.
Question 16.-At whose house did you see Mr. Limantour in
the city of Mexico?
Answer.-I saw him at his own store, and at his dwellinghouse.
Question 17.-What conversation occurred at that time in
relation to this grant of land?
Answer.-The first thing he asked me was, how the CommisG




50
sioners were getting on, and then he said, " My lands are at the
Yerba Buena, are they occupying them? " I told him they were
occupying them, and that he ought to be there to defend his
lands, or send on his documents, as the Commissioners were in
session. He said that his papers had no conditions at all, and
that he could present them at any time when the Board was
sitting. He said his documents were all substantiated by the
proof of signatures by the United States Consul in the city of
Mexico, or the United States Minister, and that he heard the
Commissioners were very particular about it. He showed me
his documents and opened them in his hands, but I did not examine them. He said his documents were all right, he was
satisfied with them, though he heard the Commissioners were
very particular in respect to signatures. I advised him to come
on immediately with them, but he said he could not come then,
but must wait until a packet arrived from France.
Question 18.-Did you see Abrigo in the city of Mexico in
1852, and if so, at whose house?
Answer.-I never saw him in Mexico.
Question 19.-Did you see Micheltorena and Limantour together at that time in the city of Mexico?
Answer.-I never saw Micheltorena in Mexico.
Question 20.-Did you borrow any money of Limantour in
Mexico?
Answer.-I borrowed no money of him. I paid him the
amount I owed him, five thousand dollars.
Question 21.-How much money did you take to Mexico
with you?
Answer.-I took five hundred dollars, given to me by G. B.
Post & Co. of San Francisco, and gave my note for three hundred more, which I borrowed in Acapulco of Don Marcus Batani, which my agent, W. P. Davis, paid after in San Francisco.
It was paid two or three months after my return.
Question 22.-How long before you went to Mexico had you
owed five thousand dollars to Linlantour?
Answer.-From the latter part of 1841 to the latter part of
1842, I had dealings with him, and was indebted to him in that
sum.




51
Question 23.-Did you pay him that amount in the city of
Mexico?
Answer.-I gave him my note of hand payable in San Francisco.
Question 24.-To whom was that note payable?
Answer.-To Bolton, Barron & Co. of San Francisco.
Question 25.-Did you pay the note to Bolton, Barron & Co.?
Answer.-I did not pay it to them. I was not here when it
became due..Question 26.-To whom and when did you pay it?
Answer.-I paid it to Limantour. I cannot tell the exact
time, but it was some five or six months ago that I paid the
last. I paid two thousand dollars first, and afterwards three
thousand.
Question 27.-How did you pay it?
Answer. —In hard dollars, with my own hand.
Question 28.-Where did you pay it?
Answer.-The first two thousand dollars in my own house,
and the last three thousand in the house of my son-in-law,
Manuel Forres, which is near my own habitation.
Question 29.-Was any person present when you paid the
first two thousand dollars?
Answer.-My wife was present. I do not recollect any body
else, except Indian servants.
Question 30.-Who was present at the last payment?'Answer. —No one was present when I paid him the money.
It was the office of my son-in-law. My daughter was in and
out at different times, but whether she took any notice I cannot
say.
Question 31.-Was the note endorsed by Bolton, Barron
& Co.?
Answer.-I think not. I think it was endorsed by some persoiln, I cannot recollect the name.
Question 32.-Did Bolton, Barron & Co. authorize you to
draw on them for five thousand dollars, or for any sum?
Answer.-They did not.
Question 33. —How came you to make your note payable to
Bolton, Barron & Co.?




52
Answer.-I gave the note to Limantour, he must have passed
it to Bolton, Barron & Co. I did not know any thing about it
until I got a note from them that it was due.
Question 34.-When Limantour showed you his grant in
Mexico, did you examine his papers in relation to it?
Answer.-I took no notice of the papers. They were first
shown to me in his hand, and I did not examine any thing.
Question 35. —Did you examine a map attached to the grant?
Answer.-I examined nothing belonging to the papers.
Question 36.-When did you reach the city of Mexico?
Answer. —I left San Francisco on the first day of June, 1852,
and got back on the twenty-ninth day of July in the same year,
and spent about eleven days in the city of Mexico.  I was
about eight days in going to Acapulco, and nine or ten from
that place to the city of Mexico. I was two'or three days in
Acapulco. I was about seven days in returning from the city
of Mexico to Acapulco, and spent eight or nine days in that
place waiting for a steamboat, and we were about eleven days
coming to San Francisco.
Question 37.-During what portion of the time spent by you
in the city of Mexico was it, that you had this conversation
with Limantour about his papers?
It was the first day that I arrived. This was the only conversation on that subject. I had other conversations with him
on other subjects.
Question 38.-Who was present when Mr. Limantour showed
you these papers?
Answer.-No one but him and me.
Question 39.-Had you ever seen these papers before?
Answer.-I never had.
Question 40.-Did Mr. Limantour invite you to look at those
papers, or could you have examined them if you had chosen?
Answer.-He did not invite me to look at them, but he
opened them and put them before me, and I could have examined them if I had wished; but I did not.
Question 41.-Did Mr.. Limantour give you a description of
the lands of which these papers purported to be a grant?
Answer.-He gave me no description more than I mentioned
before. He said they were his papers of the Yerba Buena.




53
Question 42.-Did you have any knowledge at that time of
the land of which these papers purported to be a grant?
Answer. —From information I had knowledge, but never saw
this grant until that time.
Question 43. —Of what quantity of land had you information
that he had a grant?
Answer.-The land from the South East limits of the village
of Yerba Buena to the Mission, including Rincon Point, but I
don't know what other limits.
Question 44.-Who gave you that information?
Answer.-The first persons who mentioned it to me, were
Robert Ridley and Don Francisco De Haro.
Question 45.-When?
Answer.-De Haro, a very short time after Micheltorena had
written to him and me for information respecting the unoccupied
land in Yerba Buena, told me that Limantour had got a grant
for the land. Ridley spoke to me about it in 1844, and again in
1847. Ridley often officiated for me as Captain of the Port
when I'was away, and Limantour was here in 1844, and also in
1847, and Ridley told me he was knocking up a great fuss about
his lands. He told me this in 1844 and also in 1847.
Question 46.-Where is De Haro?
Answer.-He is dead.
Question 47.-Where is Ridley?
Answer.-He is dead likewise.
Question 48. —What was the object of your visit to Mexico?
Answer.-Private business. I heard from my son-in-law, that
the law was going to be enforced not to allow any grants of
land within ten leagues of the sea shore, and I said if that was
so, my Saucelito property would be lost, but as to the grant
which I had from the Mexican Government, for services rendered, lying on the sea coast likewise, I would go to Mexico to
see if I could get from that government another grant in Lower
California, in stead of it. I started for Mexico the next morning after my son-in-law told me.
(Signed,)         WILLIAM  A. RICHARDSON.




54
The signatures with which this deposition closes, from and
including the 20th question, were propounded by Mr. Peachy
for Mr. Howard, and without objection. Subscribed and sworn
to before me at San Francisco, this 5th day of Sept., A. D. 1853.
(Signed,)            ALPHEUS FELCH, Comm'r.
I, George Fisher, Secretary of the Board of U. S. Commissioners, to ascertain and settle the private Land Claims in the
State of California, hereby certify the foregoing to be a full,
true and carrect copy of a paper on file among the archives of
said Board, and in my care and custody as such Secretary.
GEO. FISHER, Secretary.
Connected with the Deposition of Captain Richardson, is a
letter written to him by Gen. M. G. Vallejo relating to a grant
of land at Yerba Buena, and also referring to the fact that
Seilor Limantour was aiding Gen. Micheltorena with funds, and
soliciting lands from the Governor at Yerba Buena. The reader
will please to note particularly the date of the letter, (November
7, 1843,) and the fact that the Setor Castallares, for whom he
solicits the information from Richardson in regard to the lands
at Yerba Buena, is the same who was connected with the
Government of California as Collector of the Customs at the
Maratime Custom House at Monterey, the capitol of the Department.
I would also ask the attention of the reader to another document which is on file in case No. 280, on the Docket of the
Honorable the Board of Land Commissioners, and annexed to
the Deposition of Wm. A. Richardson, taken in that case.Case No. 280 is the petition of the City of San Francisco for
certain lands. The deposition of Richardson was taken by the
Law Agent of the United States, against the claim of the city,
and the document I refer to, and which is annexed to his deposition in that case, is the letter of Sehor Don Jos6 Castro, Governor ad interim, dated at Monterey, Oct. 20th, 1835, and
addressed to Captain Richardson. It is inserted here for reference and to show the relevancy of parts of Captain Richardson's
testimony.




55
GENERAL VALLEJO S LETTER.
Sonoma, Nov. 7th, 1843.
Sehcor Don Guillermo Richardson:- Esteemed Sponsor,
(compadre); Seilor Don Manuel Castafiares writes to me requesting to inform him about the vacant lands existing in the
" Yerba Buena," and particularly on the sea-beach; as Sefior
Don Manuel seems to be a little jealous of the extensive grants
which Seinor Don Manuel Micheltorena has made to other individuals, as you know SeFior Castaniares wishes to enjoy also the
same rights that the foreigners do. You know that he has held
several offices, and that to-day he is the Collector of the Maratime Custom House, and he wishes also to get something, as all
the rest. He solicits to obtain a tract of a thousand "varas "
long by two hundred "varas" wide, and besides fifty "varas"
in the sea, the whole length to make a wharf.
It seems to me, sponsor, that this Seflor works to have the
Custom House brought to San Francisco-let us see. You
know that always it was my project, that the Custom House
should be removed to San Francisco, and I believe that my
friend Castabiares knows something, for he came from Mexico
full of the projects of Bandini, Hisar, Pardres and Aranjo, who,
had they not fallen into disfavor, would have consummated said
removal. However, we shall see how the thing goes. I for my
part, don't think that the Custom House may remain in Monterey. Whether the lands be given to foreigners or natives,
matters us little, after the object being obtained. But it would
be far better that he should have such land in preference to other
strangers as I came to understand.
I send you also the letter of Don Francisco Sanchez, about
the subject, to whom I have written already as Alcald6 of the
place, to state which are the vacant lands of such dimensions
as you will see, he indicates to me the boundaries of a devil of
a tract. I think that you know better of the grants made, so I
hope you will have the goodness to give me your opinion, that I
may write to Sejior Don Manuel Castanares, about his solicitation to water privileges, which he is going to ask the Governor,
following the example of Leese, Salvador, and the Russians,




56
&c.; also that you may give me an idea about the land, with a
delineation of the sea-beach, although I think it be a foolishness
to ask for since it is worth but little, it is deep bottom, there
are so large rocks, that Capt. Steel on one or two occasions, got
his vessel struck, while I was on board, and besides you know
that at the very place there lay the wreck of the Spanish Brig
of WVar, "San Carlos," which was cast away, I think, in 1812.
I believe that your statement about the subject will be of
much weight in favor of Senior Castaniares, and will be
considered the best report as may be given, since by your
practical knowledge as a resident of the place, you have been
Captain of the Port many years, and this is of much consideration to the subject in question.
Also, I understand, that our friend, the well-known Limantour, who you will recollect wrecked on "' Punta de Reyes," and
whom we helped to save a part of his goods, with thousand
troubles, has furnished large sums to General Micheltorena, and
that if he does not intrigue, at least he endeavors to obtain
some grants in that and other places, taking advantage of the
poverty and scarcity of the revenue of the Treasury of the
Department.
Finally, we should endeavor as a first point in view, to get
and bring the Custom  House to San Francisco-since from
that, it will not only result a good to the country, but to
ourselves particularly. I have sent the exposition made to the
Government, printed here officially; and this, it seems to me,,
has opened the eyes of Sefior Castafiares, who has no property
in Monterey. Besides, you know, that I have many friends in
Mexico, and particularly the friendship of the President of the
Republic, to whom, both privately and officially, I have written
extensively; and  according to my political and financial
barometer at the Capitol, Seinor Virmond, the thing takes a
very favorable aspect.
Seinor Castafiares has told me in private conversation, that
he thought of establishing a rancho here, and I offered to- give
him cattle, horses and Indians, in this way calculating upon his
friendship, as we shall predispose him. in our favor.  The
General himself is well disposed to foster the advancement of




7
the country. I can operate, as you know, so efficaciously that
almost I am able to assure you that the.thing will be done.
This companion and friend wishes you prosperty.
(Signed)                          MJ. G. VALLEJO.
I, George Fisher, Seer Atary of the Board of the United States
Commissioners to ascertain and settle private land claims
in the State of California, certify the foregoing to be a
translation of a Spanish document on file in this office, in case
No. 548, Jos6 Y. Limantour, and under my charge and custody,
as such Secretary.
Witness my hand this 22nd day of September, 1853.
(Signed)                 GEORGE FISHER, Sec'y.
GOVERNOR CASTRO'S LETTER.
Political Government ad Interim of the.
Upper California.
This Government conforming with the good desire of my
predecessor, Sefior Don Jos6 Figuerao, regarding the settling of
a town in the place called " la Yerba Buena," and attending
likewise to the statement made by you in the name of the residents of the port of San Francisco, the welfare of which I sincerely desire, I have approved the plan which you have formed
for the commencement of said town, under which, and while
other matters are being arranged as well for the system of civil
authorities, it will be born in mind for the cases of granting lots
to the individuals who may solicit them.
All which I state to you for your satisfaction, thuaking you
for the services which gratuitously you propose to do in favor of
those residents. God and Liberty.
(Signed)                       JOSE CASTRO.
Monterey, Oct. 20th, 1835.
To Seior Don Guillermo Richardson,
Captain of the Port of San Francisco.
I, George Fisher, Secretary of the Board of United States
Commissioners, to ascertain and settle private land claims in
II




California, do hereby certify that the foregoing is a true and
correct copy of a paper endorsed " Translation of Exhibit No.
1, A. F." annexed to deposition of Winm. A. Richardson, and
filed in case No. 280, wherein the city of San Francisco is
claimant, among the archives of said Board, in my care and
custody as such Secretary.
Given under my hand this 22d day of Sept. 1853.
GEORGE FISHER, Sec'y.
The following deposition of Seaor Don Francisco Arce is
important. It shows the inception of the negotiations between
Governor Micheltorena and Seaor Limantour. The document
referred to in the 3d Interogatory as " Exhibit No. 1," with the
initials " A. F." annexed to the deposition of Wm. A. Richardson, is the original letter from Manuel Jimeno to Capt. Richardson, dated at Los Angeles, January 14th, 1843, seeking information in regard to the lands at Yerba Buena, which Seizor
Limantour proposed to purchase and to ascertain if they were
vacant. Please to mark the answers of the witness to the questions in this deposition.
The document referred to in Question 5th, as'" Exhibit No.
2," annexed to the deposition of W. E. P. Hartnell, is Governor
Micheltorena's Letter to Seaor Limantour, dated at Los Angeles, January 8th, 1843.
The document referred to in the 8th Question, as marked
"Exhibit No. 4," with the initials " A. F." and annexed to the
deposition oI W. E. P. Hartnell, is the original deed from Governor Micheltorena to Josd Y. Limantour. The attentive reader
who is anxious to learn the truth, will not fail to consider this
testimony in connexion with these important documents referred
to in it, and subject both to a rigid scrutiny and critical examination.
DEPOSITION OF FRANCISCO ARCE.
Office of the Board of U. S. Commissioners.
This day, before Commissioner Alpheus Felch, came Fran —
cisco Arce, a witness in behalf of claimant, Jos6 Y. Limentour7
No. 548, who after being duly sworn, deposed as follows:




59
-QUESTIONS BY GEN. JAMES WILSON, ATTORNEY FOR THE CLAIMANT.
Question 1. —What is your name, age and place of residence?
Answer.-My name is Francisco Arce, my age is thirty years,
and i reside in Santa Clara County, in'the State of California.
Question 2.-What offices have you held in the Government
of California, and at what times?
Answer.-From April, A. D. 1836 to February, A. D. 1846, I
was Chief Clerk in the office of the Secretary of the Departmental Government, the commission for which I now hold in
my possession. I also acted as Secretary, ad interim, for a short
time at Los Angeles, under a commission from Governor Mi-;cheltorena. Some papers are certified by me as Chief Clerk,
and some as Secretary, ad interim.
Question 3. —Please look on the document now shown to you
marked " Exhibit No. 1," with the initials 1" A. F." annexed to
the deposition of William A. Richardson, taken and filed in
this case, and state if you know in whose hand-writing the body
of said papers is written, and the direction thereto, and in whose
hand-writing the signature thereto is.
Answer.-I have examined the paper; the body of it is my
own hand-writing, and the signature thereto is in the hand-writing of Manuel Jimeno. The address or direction at the bottom
of the second page is in my own hand-writing. It is directed
to William A. Richardson, Captain of the port of San Francisco.
Question 4.-At the time the said paper purporfs to be dated,
was you a clerk in the office of Manuel Jimneno, and what office
did Jirneno hold at that time under the government of California?
[Mr. Howard objects to this question.]
Answer.-I was clerk in the office of said Jimeno at that
time, and he was Secretary of the Departmental Government
of California.
Question 5.-Please look on the document now shown you,
marked " Exhibit No. 2," and annexed to the deposition of W.
E. P. Hartnell, heretofore taken and filed in this case, and state
whether you know the hand-writing, both of the body and signatures thereof.




60
[Mr. Howard objects to the proof of the document as a mere
private paper.]
Answer.-I have examined them; the body and signature
are' both in the hand-writing of Manuel Micheltorena.
Question 6.-Are you acquainted with Jos6 Y. Limantour,
and if so, when and where did you first become acquainted
with him?
Answer. —I knew him and first became acquainted'with him
at Mlonterey, in 1840 or 1841, I cannot distinctly recollect which.
He was then captain of a merchant schooner, under the Mexican flag.
Question 7.-Did you see said Limantour at Los Angeles in
January, 1843, and do you know whether he had any business
with Governor Micheltorena at that time? if so, state what that
business was, as far as you know.
[Mr. Howard objects to this question.]
Answer.-I saw said Limantour in Los Angeles, but cannot
state exactly the time. I believe it was about the time above
mentioned. He had business with Governor Micheltorena at
that and several other times.  His business with Governor
Micheltorena was that of furnishing the Governor for the use
of the troops, with money and goods, provisions and other
things required for them, which acts are public and notorious in
California.
Question 8. —Please to look on the document now shown to
you marked:' Exhibit No. 4," and also with the initials ".A. F.,'
and annexed to the deposition of W. E. P. Hartnell, heretofore
taken and filed in this case, and state whether you recognize
the hand-writing of the body of said papers, and of the
signatures thereto-and if so, state in whose hand-writing they
are?
[Mr. Howard objects to this question as to the form in which
it is put, and also to the competency of the paper offered to be
proved as evidence of title.]
Answer.-The hand-writing of the body of the paper is that
of Captain Marciel, as Ibelieve, who was one of the clerks in
the office-of the Commandante General Micheltorena, and the
signature thereto is the signature of Manuel Micheltorena,




61
Governor and Commandante General.  It is the signature
which he used and was in the habit of using.
Question 9.-State if you know whether any answer,
accompanied by any plat or map, was received by the Governor
or the Secretary, to the letter which you have before stated was
written in your own hand-writing, and signed by Manuel
Jimeno?
[Mr. Howard objects to this question.]
Answer.-I do not recollect, but I believe that there was.
QUESTIONS BY MR. HOWARD, LAW AGENT.
Question 1. —Have you any recollection of the paper above
mentioned, marked'" Exhibit No. 1," other than that which you
received from its having been shown to you within a recent
period?
Anrswer.-I recollect the paper very well.
Question 2.-Do you recollect the paper from any other
circumstance than the appearance of the paper and the handwriting?
Answer.- I do recollect it.
Question 3.-From what circumstances do you recollect it?
Answer.-I recollect from the circumstance of being engaged
in other business. Mr. Limantour came frequently to the office
and molested me on the subject, to be despatched in order to
leave in his vessel.
(Signed)                      FRANCISCO ARCE.
Subscribed and sworn to before me, this nineteenth day of
September, A. D. 1853.
(Signed)                      ALPHEUS FELCH.
I, George Fisher, Secretary of the Board of Commissioners
to ascertain and settle the private land claims in California, do
hereby certify that the foregoing is a true, correct and full copy
of the deposition of Francisco Arce, filed in case No. 548,
(wherein Jos6 Y. Limantour is claimant) among the archives




62
of said Board, and in my care and custody as such Secretary.
Given under my hand, at the city of San Francisco, this
seventeenth day of October, A. D. 1S43.
GEORGE FISHER, Sec'y.
Office of the Board of U. S. Commissioners, c~c.
This day before Commissioner Alpheus Felch, came Jose
Abrego, a witness in behalf of claimant Jose Y. Limantour, No.
549, who after being duly sworn, deposed as follows:
QUESTIONS BY GENERAL JAMES WILSON, ATTORNEY FOR CLAIMANT.
Question 1.-What is your name, age and place of residence?
Answer. —My.name is Jose Abrego, my age forty years, and
I reside in Monterey, California.
Question 2.-Are you acquainted. with Jos6 Y. Limantour?
If yea, when did you first become acquainted with him.
Answer.-I am acquainted with him, and have known him a
little more or less, since the year 1841.
Question 3. —VWhat office did you hold in California during
the time of Governor Micheltorena's administration here?
Answer.-I was Commissary, and as such had charge of the
accounts.
Question 4.-Do you or do you not know of Jose Y. Limantour furnishing money, goods and supplies, to Governor
Micheltorena, for himself and his troops, and for the support of
his administration while Governor of California?
Answer.-Said Limantour did at different times furnish
Micheltorena and his Officers with goods and money, and at
one time, Mr. Thomas O. Larkin received from Limantour, by
order of Micheltorena, some thirty thousand dollars, a little more
or less, which said Larkin distributed according to Micheltorena's
orders.
Question 5.-What amount did said Limantour furnish to
Micheltorena in all?
Answer.-According to an account presented by Micheltorena
himself to this deponent, in order that he might remit the same




63
to Mexico, it appeared that he had received from Limantour in
all, eighty thousand dollars or thereabouts. That account was
liquidated by an order on the Government of Mexico, in favor
of said Limantour, for some sixty or sixty-six thousand dollars,
and the balance was retained by said Micheltorena, in payment
for certain lands granted to said Limantour, in Upper and
Lower California.
Question 6.-In stating your accounts to remi? to the Government of Mexico, were the facts mentioned in your last answer,
entered upon it.
Answer.-The accounts belonging to the Commissary's office,
embraced the amounts distributed by the Commissary himself,
but the accounts of Micheltorena embraced the sums received by
Micheltorena himself, and of which he himself rendered an
account. The Government of Mexico required me, as Commissary, to send the accounts of Micheltorena to them at Mexico;
and I sent the original account, with such explanations as I
thought fit. I sent with the account also a certificate of Thomas
O. Larkin, of the amount received by him from Limantour.
Question 7.-During the time of Governor Micheltorena's
administration in California, had he, to your knowledge, any
other source upon which to rely for money, goods or supplies,
except on the said Jos6 Y. Limantour.
Answer.-Yes; he received funds from the- Custom House at
Mazatlan, from the Custom House at Monterey, from different
merchants, and amongst others from Larkin, to whom he
remained indebted ten thousand dollars. He received about
one hundred and twenty thousand dollars from the Custom
House at Monterey.
QUESTIONS BY MR. GREENHOW, ASSOCIATE LAW AGENT.
Question 1. —Have you any account books or papers relating
to your office as Commissary, which support or establish what
you have stated with regard to advances made by Mr. Limantour?
Answer.-I have none in my possession. The Commissary's
accounts were kept by debit and credit entries, in books destined




64
to that purpose; but the accounts of Micheltorena were handed
to the Commissary by Micheltorena himself, on separate strips
or pieces of paper, showing the different amounts which he had
received, and which he had paid out. I remitted to Mexico the
original receipts and papers given to me by Micheltorena,
addressed to the General Treasury.
Question 2.-How did you know that lands were granted to
Limantour bydVMicheltorena, in return for supplies advanced as
already stated by you?
Answer.-I know it from  Micheltorena's own account, in
which the fact was stated.
Question 3. —Did you know any other foreigner having
received lands from Micheltorena, in return for supplies?
Answer.-I do not know of any such.
(Signed)                    JOSE ABREGO.
It is agreed that this deposition be read and considered in
case No. 715.
(Signed)     J. WILSON.
(Signed) ROBERT GREENHOW, Ass't Law Agent.
This testimony was given in the Spanish language, Wmi. E.
P. Hartnell acting by consent of the Attorneys on both sides, as
interpreter, having first been duly sworn by me for that purpose.
Subscribed and sworn to before me at San Francisco, this
twenty-ninth day of September, 1853.
(Signed)     ALPHEUS FELCH.
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 assuch Secretary.
Witness my hand this 25th day of November, 1853.
GEORGE FISHER, Sec'y.
The documentary evidence, with the testimony of witnesses,
which up to this time has been taken in support of the claim of
Sefior Limantour, has now been laid fully before the public in
the foregoing pages.




It is proper here again to refer to the condition of political
affairs in California and in Mexico at the time the grant of
these lands was made by Governor Micheltorena to Senor
Limantour.  Governor Micheltorena was sent into California
to quiet the political elements, w!iich  had been seriously
disturbed, and to bring back the Department of Upper California
to a firmer union with Mexico.
For some time prior to his appointment, Mexico herself had
been subject to  serious  civil  commotions, and frequent
successions of revolutionary governments had occurred in that
country. Those contests, however, were brought to an end by
what is known as the Basis of Government established at
Tacubaya, and the election of His Excellency Seitor Don
Antonio Lopez de Santa Anna as Dictator.
That basis of Government was established on the 2Sth of
September, A. D. 1841, and ratified on the 6th of October, 1841.
(See the first volume of the Observador Judicial, pqae 7.)  The
7th article of that Basis of Government is as follows:  "The'powers of the Provisional Executive are all those necessary
" for the organization of all branches of the Public Administra"tion."
Thus full power had been conferred upon His Excellency,
Santa Anna, and he continued in the uninterrupted exercise of
it until near the close of the year 1843, and still retained, substantially, the executive power of the Mexican nation until the
year 1844. The Mexican federation was broken up in 1835.
The States were redutced to Territories, and the Territories
created into " Departments."  It was not until the year 1846-7
that the federative system with the Constitution of 1824 was
restored. The full powers of the Provisional Executive, held
by His Excellency, Santa Anna, was conferred, by him, upon
Governor Micheltorena in reference to the Californias, by his
letter of instructions, dated February 11th, 1842, a translation
of which is here inserted, as follows:
"Most Excellent Sir: His Excellency the President ad interim
being desirous that the Department of California should take
advantage of all the resources which it possesses for its prosperity, for placing itself in a state of defence, and for acquiring




66
that happiness which nature itself invites her to take possession
of; and bearing in mind the disturbances which have taken
place in the country, and which, on account of the distance, the
National Government has not been able to avoid; the situation
in which Your Excellency will be placed and the measures which
you will have to adopt, and which will not produce the desired effect if you wait for the proper time to put them into execution, for
there are matters which do not admit of the least delay, and in
the persuasion that Your Excellency will not abuse your powers
but that you will exercise them for the welfare and service of the
inhabitants of that interesting and fertile Department which the
Supreme Government has placed under your charge and responsibility, he (the President) has been pleased to grant to Your Excellency over and above the attributions assigned to you by the existing laws and regulations, as Govornor, Commandant General
and Inspector, all the powers which the Supreme Government can
confer upon you, in order that by virtuue thereof you may remove from office all such civil and military officers dependent on
said Government who shall not fulfil their duties or act up to
the confidence reposed in them by the same, and fill their situations by appointing worthy citizens who shall take their places
and enter upon their duties, but with the understanding nevertheless that you report to Government the motives of your
proceedings for its approbation. The views of the Supreme
Magistrate do not only refer to Upper California, but extend
likewise to Lower California, where certain seditious movements have appeared, which being fomented by hidden enemies,
it has caused some foreigners to take part when their very
quality of foreigners prohibits them from intermeddling in
domestic strife; and as the President is resolved to protect the
troops, authorities, and citizens of said Peninsula, he has determined that your military command shall likewise extend to
Lower California as well as the civil command, separating it
from Sinaloa, and the Commandant General of the Department
of Sonora and Sinaloa will continue to furnish you with the
resources and assistance which you may require for the purpose
of securing peace, furnishing the troops, providing for the wants
of the citizens and enabling you to provide for the prosperity




67
and happiness of the whole Department. Although the first
article of the law of 2d November, 1839, derogated the articles
of that of the 18th February, of the same year which subjected
the subordination of the staff of the army, and the 13th article
of the first mentioned decree merely leaves the Commandant
General of the East and West with the former attributions of
Inspector which they possessed in the Companies of Presidios,
His Excellency the President has determined that your powers
shall extend as Inspector to the permanent Batalion of California
and that you take charge of all the mechanism thereof and report to the staff of the army. You will become acquainted
with the good or bad management of the Maritime Custom
Houses of both Californias; you will have to examine the situation of all the Missions with respect to their management,
improvement and state of accounts; you will have to proceed to
the inspection and reorganization of the Companies of the
Presidios, and in all cases (were you not to act) the evil would
have to remain until Government could resolve. The Supreme
Government trusting in your justice and activity, desires that
you should meet with no obstacles, and therefore the powers
conferred upon you are made extensive to those branches and to
all others which may conduce to the welfare of the country,
including amongst others, the administration of the Post Office
Department, Colonization, the establishment of Presidios, the
improvement of Ports, the safety of Towns, the civilization of
wild Indians, the education of youth, the opening of roads, the
furtherance of the arts, the protection of agriculture and commerce, the establishment of houses of correction, and the establishment of Towns.
You know the views of the Supreme Government, and are
well aware that being a friend to improvement it merely desires
the union of Mexicans, and that the community in general may
enjoy the protection of the laws, be obedient to their authorities,
understand that it is our duty to procure the welfare of every
one and avoid that all others be injured. I therefore will not
detain myself by recommending you to propagate these principles, and will merely mention that when the Supreme Magistrate dictated his instructions, he wished to manifest to you his




68
esteem, and the importance of the command he has confided to
you, and to assure the inhabitants of California that the present
administration desires their happiness, disavows all apathy, and
is ready to impart to that Department all the resources which it
may desire and be able to furnish it.
I communicate this to Your Excellency for your satisfaction.
God and Liberty. Mexico, 11 February, 1842.-Tornel.-To
General Don Manuel Micheltorena."
I also think it proper to insert here the translations of a few
sections of a general decree issued and published by His
Excellency Santa Anna, on the 14th day of March, A. D. 1842,
in relation to the right of foreigners to take and hold property in
lands in any of the Departments of Mexico.
The entire decree. may be found in the book entitled
" Ordenanzes de Tierras y Aguas," at pages 64, 65, 66 and 67.
"Article 1.-Foreigners established and residing in the
Republic, may acquire and possess town and country property
by sale, adjudication, denouncement, or any other title established by law." Article second, allows foreigners to acquire
property in mines, &c.
Article 8, relates to the sale and transfer of property acquired
by foreigners.
"1 Article  9.-These  provisions do not comprehend the
"Departments on the frontiers or boundaries of other nations,
"respecting which special laws of Colonization will be issued,
"and no foreigner shall ever be entitled to acquire property'"therein without the express permission of the Supreme' Government of the Republic."
That express provision Setor Limantour did procure, as fully
shown above.
It has not been required of me, by my client, in the preparation
of this pamphlet, to write out an argument, either upon the law or
the facts of the case. That is to be done before another tribunal.
In the conclusion of my labor upon this statement, I cannot
forego the remark that this case has now been in my hands full
ten months. The best powers that I possess have been faith



69
fully, diligently, and I may say anxiously applied to its
investigation.
If it is a false, fraudulent, or a simulated claim, there is not a
man in this community more desirous to know it than the
humble individual who now writes this sentence. I hope I
have too much self respect, and too high a regard for common
honesty, to prosecute a false or fraudulent claim.
With a perfect knowledge of all the papers and documents in
the case; a careful consideration of all the testimony taken, I
am constrained to say, and I do most conscientiously say, that
there is not, and in my firm belief there cannot possibly be, the
slightest indicia of fraud in it, or in any way connected with it.
" Fraud is to be proved, not inferred."
The claimant, Setnor Don Jos4 Y. Limantour, comes here
from the city of Mexico, where he resides, and where he has
had his home for the last ten years of his life. He brought
with him testimonials of high character and integrity from persons of the highest official positions in the Government of Mexico, and the representatives of other nations resident near that
Government. He has been here, at this time, well-nigh a year,
and is known to a great many of the older residents of California, native and foreign. His case was presented before the
Honorable the Board of Land Commissioners to ascertain and
settle private land claims, in February last. His documents
have been open for examination and inspection, and they have
been thoroughly examined and scrutinized by sagacious men
having deep interests at stake, and learned lawyers ready for
liberal fees; and hitherto, not a shade of doubt has been cast
upon any of the documents; not a particle of testimony taken
to throw a cloud, or the shadow of a cloud, upon his claim,
How then can I doubt its validity? What honest, disinterested
man can doubt it? If not valid, what becomes of human testimony to establish rights to property?
Governor Micheltorena was here as. Governor of California,
with full powers from the Supreme Government of Mexico,
Mexico owned the lands; Governor Micheltbrena was distressingly in want of Seyfor Limantour's money and goods. He
says so to Seflor Limantour, and states distinctly to him, that




70
he has ample powers to give him lands in exchange; the negotiation is completed; Lirnantour delivers his goods and his
money upon that assurance; Micheltorena delivers his deed
upon that consideration, conveying a full, absolute, unconditional title; the deed is taken to the Supreme Government at
the city of Mexico, clothed as it was, and exercising as it did,
de facto, absolute powers, and that Supreme Government endorses its full, absolute, unqualified approbation upon the deed
of grant. Say that deed of grant is not valid! Never —never!
It cannot be so said without rushing rough-shod and blindfold
over all the facts in the case, and all the law and equity in
christendom.
JAMES WILSON,
Attorney to J. Y. Limantour.
San Francisco, Nov. 28, 1853.