Public Land Commission
Encyclopedia
The Public Land Commission, a former agency of the United States government, was created following the admission of California
as a state in 1850 (part of the Compromise of 1850
). The Commission's purpose was to determine the validity of prior Spanish
and Mexican
land grant
s in California.
California Senator William M. Gwin
presented a bill that, when approved by the Senate and the House, became law on March 3, 1851. The Act established a three-member Board of Land Commissioners, to be appointed by the President for a three-year term (the period was twice extended by Congress, resulting in a five-year total term of service). Unless grantees presented evidence supporting their title within two years, the property would automatically pass into the public domain
. This proviso was contrary to Articles VII and IX of the Treaty of Guadalupe Hidalgo
, which guaranteed full protection of all property rights for Mexican citizens.
The land commission opened its sessions at San Francisco on January 2, 1852. It then consisted, by appointment of President Millard Fillmore
, of Hiland Hall
, Harry I. Thornton, and James Wilson
as commissioners. In 1853 President Franklin Pierce
changed the board by the appointment of Alpheus Felch
, Thompson Campbell
and R. Augustus Thompson as commissioners. Their commissions would, in accordance with the terms of the act, have expired in March, 1854; but previous to that time the operation of its provisions as to their power to act was extended for one year longer and afterward for another year. In 1854 Peter Lott was appointed commissioner in place of Campbell; and in 1855 S. B. Farwell was appointed commissioner in place of Lott. On March 3, 1856, five years after the passage of the original act, the board finally adjourned sine die
.
Although the Commission eventually confirmed 604 of the 813 claims received, the cost of litigation forced most Californios to lose their property.
One of the more significant sets of claims was filed on February 19, 1853 on behalf of the Roman Catholic Church
by Archbishop
Joseph Sadoc Alemany
, wherein he sought the return of all former mission
lands in the State. Ownership of 1051 acres (4.3 km²) (for all practical intents being the exact area of land occupied by the original mission buildings, cemeteries, and gardens) was subsequently conveyed to the Church, along with the Cañada de los Pinos
(or College Rancho) in Santa Barbara County comprising 35500 acres (143.7 km²), and La Laguna in San Luis Obispo County, consisting of 4157 acres (16.8 km²).
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
as a state in 1850 (part of the Compromise of 1850
Compromise of 1850
The Compromise of 1850 was a package of five bills, passed in September 1850, which defused a four-year confrontation between the slave states of the South and the free states of the North regarding the status of territories acquired during the Mexican-American War...
). The Commission's purpose was to determine the validity of prior Spanish
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
and Mexican
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
land grant
Land grant
A land grant is a gift of real estate – land or its privileges – made by a government or other authority as a reward for services to an individual, especially in return for military service...
s in California.
California Senator William M. Gwin
William M. Gwin
William McKendree Gwin was an American medical doctor and politician.Born near Gallatin, Tennessee, his father, the Reverend James Gwin, was a pioneer Methodist minister under the Rev. William McKendree, his son's namesake. Rev. James Gwin also served as a soldier on the frontier under General...
presented a bill that, when approved by the Senate and the House, became law on March 3, 1851. The Act established a three-member Board of Land Commissioners, to be appointed by the President for a three-year term (the period was twice extended by Congress, resulting in a five-year total term of service). Unless grantees presented evidence supporting their title within two years, the property would automatically pass into the public domain
Public domain
Works are in the public domain if the intellectual property rights have expired, if the intellectual property rights are forfeited, or if they are not covered by intellectual property rights at all...
. This proviso was contrary to Articles VII and IX of the Treaty of Guadalupe Hidalgo
Treaty of Guadalupe Hidalgo
The Treaty of Guadalupe Hidalgo is the peace treaty, largely dictated by the United States to the interim government of a militarily occupied Mexico City, that ended the Mexican-American War on February 2, 1848...
, which guaranteed full protection of all property rights for Mexican citizens.
The land commission opened its sessions at San Francisco on January 2, 1852. It then consisted, by appointment of President Millard Fillmore
Millard Fillmore
Millard Fillmore was the 13th President of the United States and the last member of the Whig Party to hold the office of president...
, of Hiland Hall
Hiland Hall
Hiland Hall was a United States Representative from Vermont. He was born in Bennington, Vermont. He attended the common schools, studied law, and was admitted to the bar in 1819 and commenced practice in Bennington....
, Harry I. Thornton, and James Wilson
James Wilson II (New Hampshire)
James Wilson was a U.S. Representative from New Hampshire, son of James Wilson .-Life:Born in Peterborough, New Hampshire, Wilson attended New Ipswich Academy and the academies at Atkinson and Exeter...
as commissioners. In 1853 President Franklin Pierce
Franklin Pierce
Franklin Pierce was the 14th President of the United States and is the only President from New Hampshire. Pierce was a Democrat and a "doughface" who served in the U.S. House of Representatives and the Senate. Pierce took part in the Mexican-American War and became a brigadier general in the Army...
changed the board by the appointment of Alpheus Felch
Alpheus Felch
Alpheus Felch was the fifth Governor of Michigan and U.S. Senator from Michigan.-Early life:Felch was born in Limerick, Maine. He was left an orphan at the age of three and lived with his grandfather Abijah Felch, a veteran of the American Revolutionary War...
, Thompson Campbell
Thompson Campbell
Thompson Campbell was a U.S. Representative from Illinois.-Life:Born in Ireland, Campbell immigrated to the United States with his parents, who settled in Chester County, Pennsylvania. He attended public schools, studied law, and was admitted to the bar in Pittsburgh, Pennsylvania...
and R. Augustus Thompson as commissioners. Their commissions would, in accordance with the terms of the act, have expired in March, 1854; but previous to that time the operation of its provisions as to their power to act was extended for one year longer and afterward for another year. In 1854 Peter Lott was appointed commissioner in place of Campbell; and in 1855 S. B. Farwell was appointed commissioner in place of Lott. On March 3, 1856, five years after the passage of the original act, the board finally adjourned sine die
Adjournment sine die
Adjournment sine die means "without assigning a day for a further meeting or hearing". To adjourn an assembly sine die is to adjourn it for an indefinite period...
.
Although the Commission eventually confirmed 604 of the 813 claims received, the cost of litigation forced most Californios to lose their property.
One of the more significant sets of claims was filed on February 19, 1853 on behalf of the Roman Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
by Archbishop
Archbishop
An archbishop is a bishop of higher rank, but not of higher sacramental order above that of the three orders of deacon, priest , and bishop...
Joseph Sadoc Alemany
Joseph Sadoc Alemany
Joseph Sadoc Alemany y Conill, O.P. was a Catalan American Roman Catholic archbishop and missionary. He served as the first Bishop of Monterey from 1850 until 1853, and as the first Archbishop of San Francisco from 1853 until 1884.-Background:Born in Vic, 60 km north of Barcelona, Spain , Alemany...
, wherein he sought the return of all former mission
Spanish missions in California
The Spanish missions in California comprise a series of religious and military outposts established by Spanish Catholics of the Franciscan Order between 1769 and 1823 to spread the Christian faith among the local Native Americans. The missions represented the first major effort by Europeans to...
lands in the State. Ownership of 1051 acres (4.3 km²) (for all practical intents being the exact area of land occupied by the original mission buildings, cemeteries, and gardens) was subsequently conveyed to the Church, along with the Cañada de los Pinos
Rancho Cañada de los Pinos
Rancho Cañada de los Pinos or College Rancho was a Mexican land grant in present day Santa Barbara County, California. The grant extended along the north bank of the Santa Ynez River opposite Rancho Lomas de la Purificacion and encompassed Mission Santa Inés and present day Santa Ynez, in the...
(or College Rancho) in Santa Barbara County comprising 35500 acres (143.7 km²), and La Laguna in San Luis Obispo County, consisting of 4157 acres (16.8 km²).