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 O. Farrel, surveyor, and found that some of the troops of the government of the United States were in possession of the abovementioned presidio; that they were living there; that 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 damages that may be sustained by me now or here

after.

Your attention as governor of California to this subject is respectfully solicited by your most obedient servant,

- Col. R. B. MASON,

THOMAS O. LARKIN.

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 proof of the legality of his claim:

No. 1.

Pio Pico, first member of the departmental assembly and constitutional governor of California.

Whereas D. Benito Diaz has solicited for his personal benefit, and that of his family, 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. 2d. He shall ask for the judicial possession from the respective magistrate in virtue of this despatch, and the boundary shall be marked by his authority with the respective landmarks.

3d. The land of which donation is made to him consists of two square leagues, (dos sitios de ganado mayor) a little more 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.

This title has been recorded in the corresponding book.

PIO PICO.

MORENO.

No. 2.

In the port of Monterey, Upper California, on the nineteenth day of September, eighteen hundred and forty-six, before me, Walter Colton, 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 satisfaction; 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.

GUILLERMO R. GARNER,

WALTER COLTON,

Chief Magistrate, Monterey.

BENITO DIAZ,

J. DE CASTANEDA,
JOSE JOAQUIN GOMEZ.

Magistrate's Secretary.

In said day, month, and year, likewise appeared before me and the witnesses already mentioned, Dona Luisa Soto de Diaz, and said, that in her own name, and in that of the children which she at present has, and of those which she may have in future, she consents to the sale of the beforementioned place, and that she spontaneously and voluntarily renounces whatever right she or her said children may have thereto.

GUILLERMO R. GARNER,

WALTER COLTON,

Chief Magistrate, Monterey.

LUISA SOTO,

J. DE CASTANEDA,

JOSE JOAQUIN GOMEZ.

This instrument of writing was sealed, signed, and delivered in this office, and in ny presence, this nineteenth day of September, one thousand eight hundred and forty six.

WALTER COLTON,
WALTER

WILLIAM R. GARNER, Secretary.

Alcalde of Monterey.

No. 4.

TERRITORY OF CALIFORNIA, DISTRICT OF SAN FRANCISCO, Chief Magistrate's Office, Yerba Buena, October 6, 1846. This is to certify, that Thomas O. Larkin, esq., for himself, and as the representative of Don Benito Diaz, has presented at this office the title to the farm called "Punta de Lobos," on San Francisco bay, as described in said title or grant to the said Don Benito Diaz, and transfer from said Diaz to the said Thomas O. Larkin, esq. He, the said Thomas O. Larkin, claims ownership of said farm, and asks possession thereof, with permission to survey and occupy the land (as described in the title) at the earliest practicable moment. This is, therefore, to order that, in accordance with the aforesaid titles, the aforesaid Thomas (). Larkin can enter upon said premises, and be held to be and considered in legal possession thereof, according to the terms and conditions of the original grant, the boundaries whereof to be fixed as soon as a competent surveyor can be obtained to survey the same.

WASHINGTON A. BARTLETT,
Chief Magistrate.

NOTE. The following endorsement was placed on the foregoing documents, marked Nos. 1, 2, 3, and 4:

"The United States troops are in possession of the presidio and old fort at the entrance of the bay of San Francisco, which are claimed by Mr. Thomas O. Larkin as his property.

"Without making any decision for or against the soundness of Mr. Larkin's title, as exhibited by this paper, the possession held by the United