California Land Act of 1851 facts for kids

The California Land Act of 1851 was a special law passed after the Mexican–American War and when California became a state in 1850. This law created a group called the Public Land Commission. Their job was to check if old land grants from Spain and Mexico were still valid.

If you owned land in California that was given to you by the Mexican government, you had to prove your claim to this commission within two years. This was different from the Treaty of Guadalupe Hidalgo, which was supposed to protect the property rights of Mexican citizens. The new law made it the landowners' job to prove they owned the land.

The commission checked 813 claims and said 604 of them were valid. But almost all these claims ended up in court, leading to very long legal battles. These court fights were expensive. Many landowners had to sell parts of their land or even give land to lawyers to pay for legal help. Some of these cases lasted until the 1940s!

What the Law Said

William M. Gwin, a Senator from California, suggested this law. It was approved and became official on March 3, 1851. The law said:

"To figure out and settle private land claims in California, a commission will be created. It will have three members chosen by the President. This commission will last for three years, unless the President stops it sooner."

This Act set up the Board of Land Commissioners. The President chose three people to be on it for three years. (Congress later extended their time twice, so they served for five years in total.) The law made all owners of Spanish and Mexican land grants show their ownership papers to the commission. If they didn't show proof within two years, their land would automatically become public land.

This rule went against Article Eight of the Treaty of Guadalupe Hidalgo. In that treaty, the United States had agreed to respect the many land grants given by the Spanish and Mexican governments. Articles Nine and Ten of the treaty also promised to protect the property rights of Mexican citizens.

The Commission's Work

The land commission started its meetings in San Francisco on January 2, 1852. President Millard Fillmore first appointed Hiland Hall, Harry I. Thornton, and James Wilson as commissioners. In 1853, President Franklin Pierce changed the board. He appointed Alpheus Felch, Thompson Campbell, and R. Augustus Thompson.

Their terms were supposed to end in March 1854, but Congress extended their work for two more years. In 1854, Peter Lott replaced Campbell. In 1855, S. B. Farwell replaced Lott. Finally, on March 3, 1856, five years after the law was passed, the board finished its work.

Old Land Records

American officials got the old land records from the Spanish and Mexican governments in Monterey. The new leaders of California soon found out that the Mexican government had given many land grants to people called Californios just before the Americans took control. The Mexican governors had rewarded loyal supporters. They also hoped to stop new American settlers from taking over the land.

Tricky Maps and Boundaries

The commission asked landowners to prove their grants were real. This included showing they had followed Mexican rules for settling the land. For example, they had to show they had built a home on the land within one year. Landowners also had to show the exact borders of their land.

The early maps, called diseños, were often just simple sketches. Before the gold rush, land wasn't worth much. So, land boundaries were often very unclear. They might refer to a specific oak tree, a cow skull on rocks, a creek, or even a mountain range.

Even when boundaries were more specific, many markers were gone before proper surveys could be done. The Land Commission approved 604 out of 813 claims. But most of these decisions were appealed to the US District Court. Some even went to the Supreme Court.

The process of getting a claim approved needed lawyers, translators, and surveyors. It took about 17 years on average to finish, including the time during the American Civil War (1861–1865). It was very expensive for landowners to defend their claims in court. Many had to sell part of their land to pay for legal fees. Sometimes, they gave land to their lawyers instead of money.

Land Conflicts

Land from Spanish and Mexican grants that the courts rejected became public land. This caused problems because the original landowners, new settlers, and people called squatters all wanted the same land. The United States Congress was pressured to change the law.

Before this, under the Preemption Act of 1841, squatters could claim land before others. They could get clear ownership by paying $1.25 per acre for up to 160 acres (about 0.65 square kilometers). Later, the federal Homestead Act of 1862 allowed anyone to claim up to 160 acres (about 0.65 square kilometers) of public land for free.

This put more pressure on Congress. Starting with Rancho Suscol in 1863, Congress passed special laws. These laws allowed certain landowners whose claims were rejected to buy their land back, no matter how big it was. By 1866, this special right was given to all owners of rejected claims.

Mexican Grants in Baja California

Some ranches stayed fully or partly in the small piece of Alta California that Mexico kept after the Treaty of Guadalupe Hidalgo. This area became part of Baja California. For example, Rancho Tía Juana lost its land in San Diego County. But the rest of the rancho in Mexico was confirmed by the Mexican government in the 1880s.

Rancho El Rosario, Rancho Cueros de Venado, and Rancho Tecate were given to citizens of San Diego in the 1820s or 1830s. They were entirely in what is now Baja California. The same was true for Rancho San Antonio Abad, whose history is less clear. The ownership of these lands was never argued in U.S. courts.

Very Long Legal Battles

The Commission eventually approved 604 of the 813 claims it received. For example, John B. R. Cooper filed a claim for Rancho El Sur in 1852. But he didn't get the official land ownership papers until 1866, after many years of court fights. Most of these cases (97%) were finished by 1885. However, a few cases continued to be fought in court until the 1940s.

Jose Castro filed a claim for Rancho San Jose y Sur Chiquito in 1853. He sold his land before his claim was decided. Before his case was settled, 32 other people claimed they owned part of his rancho. His family continued the legal fight for years. In 1882, Castro's original claim was finally approved by the court. President Grover Cleveland signed the official land papers on May 4, 1888. This was 35 years after Castro first filed his claim!

Returning Catholic Mission Lands

One important set of claims was filed on February 19, 1853. This was on behalf of the Roman Catholic Church by Archbishop Joseph Sadoc Alemany. He asked for the return of all the old mission lands in the state.

The Church was given ownership of 1,051 acres (about 4.25 square kilometers). This was basically the exact area of land where the original mission buildings, cemeteries, and gardens were located. The Church also received the Cañada de los Pinos (or College Rancho) in Santa Barbara County, which was 35,500 acres (about 143.66 square kilometers). They also got La Laguna in San Luis Obispo County, which was 4,157 acres (about 16.82 square kilometers).