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The Public Land Commission
Digital History ID 567

Author:   Antonio María Pico

Annotation: In an 1859 petition to the United States Congress, Californio landowners, led by Antonio María Pico, describe the way that onerous taxes and protracted litigation deprived them of their property.

Document: To the honorable Senate and House of Representatives of the United States of America

We, the undersigned, residents of the state of California, and some of us citizens of the United States, previously citizens of the Republic of Mexico, respectfully say:

That during the war between the United States and Mexico the officers of the United States, as commandants of the land and sea forces, on several occasions offered and promised in the most solemn manner to the inhabitants of California, protection and security of their persons and their property and the annexation of the said state of California to the American Union, impressing upon them the great advantages to be derived from their being citizens of the United States, as was promised them.

That, in consequence of such promises and representations, very few of the inhabitants of California opposed the invasion; some of them welcomed the invaders with open arms; a great number of them acclaimed the new order with joy, giving a warm reception to their guests, for those inhabitants had maintained very feeble relations with the government of Mexico and had looked with envy upon the development, greatness, prosperity, and glory of the great northern republic, to which they were bound for reasons of commercial and personal interests, and also because its principles of freedom had won their friendliness.

When peace was established between the two nations by the Treaty of Guadalupe Hidalgo, they joined in the general rejoicing with their new American fellow countrymen, even though some--a very few indeed-decided to remain in California as Mexican citizens, in conformity with the literal interpretation of that solemn instrument; they immediately assumed the position of American citizens that was offered them, and since then have conducted themselves with zeal and faithfulness and with no less loyalty than those whose great fortune it was to be born under the flag of the North American republic--believing, thus, that all their rights were insured in the treaty, which declares that their property shall be inviolably protected and insured; seeing the realization of the promises made to them by United States officials; trusting and hoping to participate in the prosperity and happiness of the great nation of which they now had come to be an integral part, and in which, if it was true that they now found the value of their possessions increased, that was also to be considered compensation for their sufferings and privations....

They heard with dismay of the appointment, by Act of Congress, of a Commission with the right to examine all titles and confirm or disapprove them, as their judgment considered equitable. Though this honorable body has doubtless had the best interests of the state at heart, still it has brought about the most disastrous effects upon those who have the honor to subscribe their names to this petition, for, even though all landholders possessing titles under the Spanish or Mexican governments were not forced by the letter of the law to present them before the Commission for confirmation, nevertheless all those titles were at once considered doubtful, their origin questionable, and, as a result, worthless for confirmation by the Commission; all landholders were thus compelled de facto to submit their titles to the Commission for confirmation, under the alternative that, if they were not submitted, the lands would be considered public property.

The undersigned, ignorant, then, of the forms and proceedings of an American court of justice, were obliged to engage the services of American lawyers to present their claims, paying them enormous fees. Not having other means with which to meet those expenses but their lands, they were compelled to give up part of their property, in many cases as much as a fourth of it, and in other cases even more.

The discovery of gold attracted an immense number of immigrants to this country, and, when they perceived that the titles of the old inhabitants were considered doubtful and their validity questionable, they spread themselves over the land as though it were public property, taking possession of the improvements made by the inhabitants, many times seizing even their houses (where they had lived for many years with their families), taking and killing the cattle and destroying their crops; so that those who before had owned great numbers of cattle that could have been counted by the thousands, now found themselves without any, and the men who were the owners of many leagues of land now were deprived of the peaceful possession of even one acre.

The expenses of the new state government were great, and the money to pay for these was only to be derived from the tax on property, and there was little property in this new state but the above-mentioned lands. Onerous taxes were levied by new laws, and if these were not paid the property was put up for sale. Deprived as they were of the use of their lands, from which they had now no lucrative returns, the owners were compelled to mortgage them in order to assume the payment of taxes already due and constantly increasing. With such mortgages upon property greatly depreciated (because of its uncertain status), without crops or rents, the owners of those lands were not able to borrow money except at usurious rates of interest. The usual interest rate at that time was high, but with such securities it was exorbitant; and so t]hey were forced either to sell or lose their lands; in fact, they were forced to borrow money even for the purchase of the bare necessities of life. Hoping that the Land Commission would take quick action in the revision of titles and thus relieve them from the state of penury in which t]hey found themselves, they mortgaged their lands, paying compound interest at the rate of from three to ten per cent a month. The long-awaited relief would not arrive; action from the Commission was greatly delayed; and, even after the Commission would pronounce judgment on the titles, it was still necessary to pass through a rigorous ordeal in the District Court; and some cases are, even now, pending before the Supreme Court of the nation. And in spite of the final confirmation, too long a delay was experienced (in many cases it is still being experienced), awaiting the surveys to be made by t]he United States Surveyor-General. The general Congress overlooked making the necessary appropriations to that end, and the people were then obliged to face new taxes to pay for the surveys, or else wait even longer while undergoing the continued and exhausting demands of high and usurious taxes. Many persons assumed the payment of the surveyors and this act was cause for objection from Washington, the work of those surveyors rejected, and the patents refused, for the very reason that t]hey themselves had paid for the surveys. More than 800 petitions were presented to the Land Commission, and already 10 years of delays have elapsed and only some 50 patents have been granted.

The petitioners, finding themselves unable to face such payments because of the rates of interest, taxes, and litigation expenses, as well as having to maintain their families, were compelled to sell, little by little, the greater part of their old possessions. Some, who at one time had been the richest landholders, today find themselves without a foot of ground, living as objects of charity--and even in sight of the many leagues of land which, with many a thousand head of cattle, they once had called their own; and those of us who, by means of strict economy and immense sacrifices, have been able to preserve a small portion of our property, have heard to our great dismay that new legal projects are being planned to keep us still longer in suspense, consuming, to the last iota, the property left us by our ancestors. Moreover, we see with deep pain that efforts are being made to induce those honorable bodies to pass laws authorizing bills of review, and other illegal proceedings, with a view to prolonging still further the litigation of our claims.

Source: Petition of Antonio Maria Pico et al. to the Senate and House of Representatives of the United States. Manuscript HM 514, Huntington Library, San Marino California.

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