The increased value of land of course indicated to our government the necessity of promptly examining the titles of property in California; and accordingly, Mr. W. Carey Jones, a lawyer accomplished in the Civil and Spanish laws, was despatched thither by the authorities in Washington, to examine the grants from the Spanish and Mexican governments. His full, learned, and satisfactory report has been published by congress, and declares that these grants are mostly perfect titles, or have unquestionably the same equity as those that are perfect.7
All the grants of land in California, except pueblo or village lots and some grants north of the bay of San Francisco, subsequent to the independence of Mexico, and after the establishment of that government in California, were made by the different political governors. These personages possessed the exclusive faculty of making grants of eleven leagues or sitios to individuals, which were valid when sanctioned by the Territorial Deputation; but colonization grants to Empresarios or contractors, required the sanction of the Supreme National Authorities.
The supposition, usually entertained, that the mission lands were grants held as the actual fee-simple property of the church, or of the mission establishments as corporations, is entirely erroneous. All the missions in Upper California, established under the direction of the Spanish Viceroyal Government and partly at its expense, never had any other right than that of occupation and use, the whole property being either resumable or otherwise disposable, at the will of the crown or its representatives. The right of the Supreme Powers to remodel these establishments at pleasure, and convert them into towns and villages, subject to the known policy and law which governed settlements of that kind, was a fundamental principle controling them from the beginning.