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bracing the old presidio and old castle, for many years abandoned, was deeded and granted on the 25th day of June, 1846, to said Diaz by Pio Pico, at that time governor of California ; and on the nineteenth day of September, same year, sold and conveyed to me by said Diaz, for a valuable consideration, and by the alcalde of the jurisdiction of San Francisco. I was put into possession of the same, and at this present time a part of the land is occupied by my agent.
All the deeds, transfers, and papers of possession relative to said land, are in my hands, subject to your inspection.
In the month of May last, while at San Francisco, I went over this land with Jasper 0. Farrel, surveyor, and found that some of the troops of the government of the United States were in possession of the above. mentioned presidio; that they were living there; ihat they had torn down some of the buildings to repair others, and in some cases were putting new roofs on the houses.
I therefore take this opportunity to inform you of the state of affairs respecting my said land, and personally protest against my said property being used by person or persons privately, or for the government, without a due consideration being paid to me; and further protest against any of the same in case of daniages that may be sustained by me now or hereafter.
Your attention as governor of California to this subject is respectfully solicited by your most obedient servant,
THOMAS 0. LARKIN. Col. R. B. Mason,
Governor of the Territory of California.
Note.-The following documents, numbered 1, 2, 3, and 1, are copies of the papers presented by Mr. Larkin in proot of the legality of his claim:
Pio Pico, first member of the deparlnfental assembly and constitutional
governor of California.
Whereas D. Benito Diaz has solicited for his personal benefit, and that of his fainily, the land known by the name of Punta de Lobos, situated in the port of San Francisco, the necessary investigations having been previously made, I have, in virtue of the faculties conferred upon me, granted to him in the name of the Mexican nation, by a decree of this day, the said land, declaring to him the ownership thereof by these presents, in conformity with the law of 18th August, 1824, and the regulation of 21st November, 1828, subject to the approval of the most excellent departmental assembly, and to the following conditions :
1st. He may fence it in without prejudice to the highways, roads, and privileges, destining it to the use or cultivation which may best suit him.
20. He shall ask for the judicial possession from the respective magis. trate in virtue of this despatch, and the boundary shall be marked by his authority with the respeciive landmarks.
3d. The land of which donation is made to him consists of two square leagues, (dos sitios de ganado mayor) a little nuore or less, comprehending from the lagoon of the high hill to the Punta de Lobos, and the same which is shown by the map which accompanies the documents. The magistrate who gives possession shall have it measured according to law. I consequently command, that holding the present title as firm and valid, a record be kept thereof in the corresponding book, and it be delivered to the party interested for his security and other ends.
Given in the city of Los Angeles on the twenty-fifth day of June, eighteen hundred and forty-six, on this common paper for want of sealed paper. (L. S.]
PIO PICO, MATIAS MORENO,
Secretary ad interim.
This title has been recorded in the corresponding book.
No. 2. In the port of Monterey, Upper California, on the nineteerth day of September, eighteen hundred and forty-six, before me, Walter Colion, justice of the peace of this district, and before the undersigned witnesses, appeared Don Benito Diaz, and said, that, in his own name and in that of his wife, Dona Luisa Soto de Diaz, and other heirs and successors, and whoever, through them, may have any kind of title, voice, or fame, that he sells and gives in public sale and perpetual alienation, in right of inheritance, and forever and ever, to Mr. Thomas O. Larkin, resident of this place, a land of which he is owner, in virtue of a grant made to him by his Excellency the governor of the department, Don Pio Pico, according to the title which accompanies the present writing, dated the twentyfifth of June of the present year, which land is composed of two square leagues, a little more or less, situated in the entrance and port of San Francisco, with the boundaries mentioned in said title, which are from the lagoon of the high hill to the Punta de Lobos. The seller declares that he has neither alienated nor' mortgaged it, and that it is free from all public burdens ; and, as such, he sells it for the price of one thousand dollars in common silver coin, which he has received to his entire satis. faction; that, from this time, he renounces, and separates himself from the dominion, ownership, and every other right which he may have to said land, renouncing and transferring it to the buyer, that he may dispose of it as of a thing which belongs to him, the settler binding himself that this sale shall be to the purchaser certain, sure, and effective, and that no lawsuit shall molest nor move him.
In testimony whereof, he signed it with me and the two subscribing witnesses.
Chief Magistrate, Monterey.
JOSE JOAQUIN GOMEZ.