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39-566: It was granted in 1844 by Governor Manuel Micheltorena to Juan Bautista Alvarado . The grant takes its name from Mariposa Creek , which was named for the monarch butterflies (butterfly = "mariposas" in Spanish ) in the Sierra Nevada foothills . The grant was west of Yosemite , in the foothills of the western Sierra Nevada. It encompasses the present day town of Mariposa , and the former towns of Agua Fria and Ridleys Ferry on

78-597: A Major-General in the Union Army , sold Rancho Las Mariposas with its mines and infrastructure to Morris Ketchum , a New York City banker, who formed a public corporation, the Mariposa Company, and sold stock. In 1863, Frederick Law Olmsted , later the renowned American landscape architect , came from New York to Rancho Mariposa as superintendent for the Mariposa Company. Olmsted was not a mining expert. Investments were made in stamp mills, tunnels, shafts, and

117-507: A claim for Rancho El Sur with the Public Land Commission in 1852 but he only received the legal land patent after years of litigation in 1866. While the majority (97%) of these cases were resolved by 1885, a few cases were litigated into 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 decided, 32 others filed claims with

156-598: A commission shall be, and is hereby, constituted, which shall consist of three commissioners, to be appointed by the President of the United States, by and with the advice and consent of the Senate, which commission shall continue for three years from the date of this act, unless sooner discontinued by the President of the United States. The Act established a three-member Board of Land Commissioners, to be appointed by

195-553: A group of soldiers that included criminals, and who were derisively referred to by some as cholos , to enforce his policies. Micheltorena was defeated at the 1845 Battle of Providencia , left California, and was succeeded by Pío Pico as governor. Micheltorena served as Brigadier-General, Chief of Staff to Antonio López de Santa Anna 's Army of the North in the Mexican–American War in 1847. Micheltorena handled artillery at

234-560: A prominent Basque family. His parents were Army Captain Joseph Eusebio Micheltorena (who in 1819 was included among a list of notable foreigners in Mexico), and Catarina Gertrudis Llano. He was baptized at five days old at Oaxaca Cathedral . His grandparents were Joseph de Micheltorena (Mitxeltorena) and María Encarnación de Herrera (paternal), and Joseph Augustín de Llano and María Romero (maternal). Micheltorena

273-904: The land grants made during the Spanish and Mexican administrations in Alta California . This article established that "All grants of land, made by the Mexican Government... will be respected as valid, to the same extent as they were granted". However, the Congress of the United States eliminated this article on March 10, 1848. As part of the California Land Act of 1851, James Crawford required that official proceedings in California be printed only in English,

312-511: The Battle of La Angostura . Public Land Commission The California Land Act of 1851 (9  Stat.   631 ), enacted following the Treaty of Guadalupe Hidalgo and the admission of California as a state in 1850, established a three-member Public Land Commission to determine the validity of prior Spanish and Mexican land grants . It required landowners who claimed title under

351-591: The Merced River . Juan B. Alvarado, a former Mexican governor of Alta California , was awarded the grant in 1844. The ten square league grant was described as being located generally along Mariposa Creek , between the San Joaquin River , Chowchilla River , Merced River , and the Sierra Nevada. This is much bigger area than ten square leagues, and the intent was that Alvarado would select

390-564: The San Francisco Bay Area . In 1847 he sent $ 3,000 to the U.S. consul to the Territory of California, Thomas O. Larkin , to buy a ranch near Mission San José . Despite clear instructions, for some reason, Larkin purchased Rancho Las Mariposas in the southern Sierra Nevada foothills from Juan B. Alvarado. To Frémont this was worthless land, over one hundred miles from the nearest settlement, had no farms or ranch lands, and

429-570: The Supreme Court . The confirmation process required lawyers, translators, and surveyors, and took an average of 17 years (including the Civil War , 1861–1865) to resolve. It proved expensive for landholders to defend their titles through the court system. In many cases, they had to sell a portion of their land to pay for defense fees or gave attorneys land in lieu of payment. Land under Spanish and Mexican land titles that were rejected by

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468-637: The 1820s or 1830s and lay wholly in what is now Baja California as was the Rancho San Antonio Abad , whose origin and title is more obscure. Their titles were never subjected to dispute in U.S. courts. Juana Briones, whose early life started with her selling milk in Yerba Buena (today San Francisco), became the owner of Rancho La Purísima Concepción in Santa Clara County. The rancho had been part of Mission Santa Clara and

507-681: The Americans gained control. The Mexican governors had rewarded faithful supporters and hoped to prevent the recent American arrivals from gaining control of the land. The commission required grantees to prove the validity of the grants they had received, including whether the grantee had fulfilled the requirements of the Mexican colonization laws. This included establishing a home in the land within one year. Grantees also had to establish their grant's exact boundaries. The early diseños or maps available were often little more than sketches. Land had until

546-640: The Mariposa Mining Co. in 1850. With the cession of California to the United States following the Mexican-American War , the 1848 Treaty of Guadalupe Hidalgo provided that the land grants would be honored. As required by the Land Act of 1851, a claim for Rancho Las Mariposas was filed with the U.S. Board of Land Commissioners in 1852, who confirmed Frémon's title, according to the survey, which he, himself, had made. On appeal to

585-744: The Merced Mining Co. A rehearing was granted and in 1859 the California Supreme Court reversed itself, and ruled in favor of Biddle Boggs and Frémont. The other claimants lost many valuable holdings. In the summer of 1858 a group of armed men seized the Pine Tree Mine, but after five days of armed confrontation with Frémont’s men, they were ordered out by the governor. After the dissolution of Halleck, Peachy & Billings , Trenor W. Park worked on Frémont's legal and financial problems. In January 1863, Fremont, then

624-502: The Merced Mining Co. occupied the property and operated a gold mine. Merced Mining Co. maintained that the official survey had been made in a clandestine manner and that Frémont had no title to the minerals, as his grant was for grazing and agricultural purposes only. Lengthy litigations in the face of hostile public sentiment piled up court costs and lawyer fees. In 1858, the California Supreme Court ruled in favor of

663-472: The Mexican government to file their claim with a commission within two years. Contrary to the Treaty of Guadalupe Hidalgo, which guaranteed full protection of all property rights for Mexican citizens, it placed the burden on landholders to prove their title. While the commission eventually confirmed 604 of the 813 claims, almost all of the claims went to court and resulted in protracted litigation. The expense of

702-420: The President for a three-year term (the period was twice extended by Congress, resulting in a five-year total term of service). The Act required all holders of Spanish and Mexican land grants to present their titles for confirmation before the commission. Unless grantees presented evidence supporting their title within two years, the property would automatically pass into the public domain . This requirement

741-616: The U. S. District Court, the decision of the Board was reversed and Frémont's lawyers immediately appealed the case to the U.S. Supreme Court. In December 1854, the U. S. Supreme Court remanded his case back to the District Court, declaring the claim valid and ordering an official survey, and the grant was patented to John C. Frémont in 1856. In 1857, Frémont leased the Mount Ophir section of his grant to Biddle Boggs. However,

780-502: 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

819-416: The court that they owned a portion of his rancho. His successors litigated the claim for years. In 1882, Castro's original claim was finally validated by the court, and President Grover Cleveland signed the land patent on May 4, 1888, 35 years after Castro's initial filing. Article X of the Treaty of Guadalupe Hidalgo, drafted by Bernardo Couto, Miguel Aristáin, and Luis Cuevas , was intended to protect

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858-421: The courts entered the public domain. This resulted in conflicting claims by the grantees, squatters, and settlers seeking the same land. Congress was pressured to change the law. Under the earlier Preemption Act of 1841 , squatters were able to pre-empt others' claims to land and acquire clear title by paying $ 1.25 an acre for up to a maximum of 160 acres (0.65 km ). After the federal Homestead Act of 1862

897-536: The first “English only” rule in the US that lasted until 1966. This is a state that had almost no English speakers until the 1848 Gold Rush. "Legal battles have continued into the 21st century over the ownership of the land grants" and many people claim their land was unfairly seized as a direct consequence of the Treaty of Guadalupe Hidalgo, which itself was the outcome of the Mexican-American war. One of

936-513: The gold rush been of little value and boundary locations were often quite vague, referring to an oak tree, a cow skull on a pile of rocks, a creek, and in some cases a mountain range. Even in cases where the boundaries were more specific, many markers had been destroyed before accurate surveys could be made. While the Land Commission confirmed 604 of the 813 claims it reviewed, most decisions were appealed to US District Court and some to

975-516: The long court battles required many land holders to sell portions of the property or even trade it in payment for legal services. A few cases were litigated into the 1940s. California Senator William M. Gwin presented a bill that was approved by the Senate and the House and became law on March 3, 1851. That for the purpose of ascertaining and settling private land claims in the State of California,

1014-488: 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 1,051 acres (4.25 km ) (for all practical intents being the exact area of land occupied by the original mission buildings, cemeteries, and gardens) was subsequently conveyed to

1053-467: The other infrastructure related to the mining towns. By 1865, the Mariposa Company was bankrupt, Olmsted returned to New York, and the land and mines were sold at a sheriff's sale. 37°28′48″N 119°58′12″W  /  37.480°N 119.970°W  / 37.480; -119.970 Manuel Micheltorena Joseph Manuel María Joaquin Micheltorena y Llano (8 June 1804 – 7 September 1853)

1092-543: The particular ten square leagues within these boundaries - what has been called a "floating grant". Alvarado never complied with the usual requirements for a grant due to the Miwok Indians being hostile to the invasion of their longstanding homelands. After playing his part in the Bear Flag Revolt in 1846, John C. Frémont , soldier, explorer, and (later) presidential candidate, decided to settle down in

1131-589: The possession of miners. Rancho Las Mariposas took shape along a wide vein that stretched from Mariposa Creek to the Merced River. When the boundaries were surveyed, the grant included Mariposa, Bear Valley , and the Pine Tree and Josephine mine complex. The Pine Tree Mine was discovered in 1849, and it was consolidated with the Josephine Mine in 1859. The ore from the Pine Tree and Josephine mines

1170-457: The richest rancho in California. Before Frémont could legally establish his grant boundaries, thousands of miners arrived on the scene. Few of the miners acknowledged Frémont's claim and a legal battle began that would take until 1856 to settle and 1859 to finalize. Using the vague description of the original Alvarado grant, Frémont "floated" his ten square league rancho from the original claim to cover mineral lands including properties already in

1209-524: The sliver of Alta California that Mexico retained under the Treaty of Guadalupe Hidalgo, which became part of Baja California . Rancho Tía Juana lost the title to its land in San Diego County but the balance 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 each granted to citizens of San Diego in

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1248-630: Was a brigadier general and adjutant-general of the Mexican Army , governor of California , commandant-general and inspector of the department of Las Californias , then within Mexico . Micheltorena was the last non-Californian born Mexican governor, preceding the San Gabriel -born Pío Pico , the last provincial governor. Micheltorena was born in 1804 in Oaxaca City , Mexico, into

1287-722: Was already inhabited by hostile Indians. Frémont demanded the ranch near the Mission San Jose or his money back. Larkin did not act, and from 1847 to 1848 Frémont was in Washington defending himself at a court-martial. When Frémont returned to California, he learned of the 1848 gold discovery at Coloma . Shortly thereafter, Frémont also discovered gold in the Mariposa region. With the California Gold Rush , Frémont’s unwanted tract of land turned out to be

1326-517: Was appointed governor of California by Mexican President Antonio López de Santa Anna , the territory's 9th, and served from 30 December 1842 until his ouster in 1845. Micheltorena continued previous governors' policy of large land grants ("ranchos") , making 115 land grants in 1843 and 1844. He faced criticism, opposition, and eventually rebellion by the Californios who wanted local-born governors. Micheltorena brought with him from Mexico

1365-406: 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 . American officials acquired the provincial land records of the Spanish and Mexican governments in the capital at Monterey. The new state's leaders soon discovered that the Mexican government had given a number of grants to Californios just before

1404-635: Was contrary to Article Eight of the Treaty of Guadalupe Hidalgo , under which the United States agreed to respect the hundreds of land grants, many quite substantial, granted by the Spanish and Mexican governments to private landowners. Articles Nine and Ten guaranteed the property rights of Mexican nationals. 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

1443-632: Was crushed at the Benton mill. Frémont also owned and operated the Oso House hotel in Bear Valley. He and his wife Jessie Benton Frémont made their home in Bear Valley until 1859, when they bought a house in San Francisco. Frémont never worked the mines himself but preferred to lease the mines to different entities. Frémont hired Palmer, Cook & Co., San Francisco bankers, to organize

1482-443: Was granted to Gorgonio, a well-respected Indian of that mission. Juana was a friend of Gorgonio and his family bought the 4,400-acre rancho from Gorgonio in 1844. The rancho took in what is today Sunnyvale and Los Altos. Later, she was one of the founding members of Mayfield (today's Palo Alto), where she lived until she died in 1889. The Commission eventually confirmed 604 of the 813 claims received. John Bautista Rogers Cooper filed

1521-401: Was passed, anyone could claim up to 160 acres (0.65 km ) of public land. This resulted in additional pressure on Congress, and beginning with Rancho Suscol in 1863, it passed special acts that allowed certain claimants to pre-empt their land without regard to acreage. By 1866 this privilege was extended to all owners of rejected claims. A number of ranchos remained in whole or part in

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