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BRIEF FOR DEFENDANT IN ERROR, BY HORACE HAWES.

Sterett, printer, 145 Clay st., San Francisco.

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Michael C. Nye, by petition dated 22d Dec., 1843, addressed to His Excellency the Commandante General and Governor of both Californias, represents, that he has resided two years in the Department, and being possessed of some cattle and horses, is desirous of obtaining a tract of vacant public land bounded on the north by the Arroyo de los Venados, on the south by the rancho of Arroyo Chico, on the west by the river Sacramento, and on the east by the sterile lands which separate it from the Sierra Nevada; which tract consists of four square leagues, and is represented by a map accompanying the petition-he prays that His Excellency will accede to his application.

By an order of the Governor Micheltorena, indorsed in the margin, and dated Monterey, Dec. 31, 1843, information is required from the Secretary.

Following this, is an indorsement signed by the Secretary Manuel Jimeno, dated Jan. 4, 1844, saying "His Excellency orders that the present application be passed to Mr. Sutter as Encargado of the frontier of Sacramento, to the end that he may inform respecting its contents." Then follows Capt. Sutter's informe, dated Jan. 27, 1844, stating that "the land which Mr. Michael Nye asks for in this petition, and which is represented in the annexed map is unoccupied, and he gives this certification for the ends that may be convenient."

It appears that Capt. Sutter, the Encargado of the District of Sacramento, was invested (by the appointment of Gov. Micheltorena, it is presumed,) with the functions of ordinary Judge, Prefect and Military Commandant for the frontier.

About this time, as the Court are informed from facts connected with the public history of the country, Governor Micheltorena contemplated making a visit in person to the northern frontier, and with that view had deferred acting definitively upon several applications on the part of settlers in that quarter. But in consequence of the disturbed state of the country, and the incessant occupations of the Government, he was not only prevented from making the contemplated visit, but found it inconvenient to attend. for the present, to the issuing of individual patents to those settlers who were entitled to them.

Among the ample powers with which he was invested by the instructions of the Supreme Government of 11th Feb., 1842, over and above those which the laws and ordinances then in force, confer upon him as the Governor and Commandante General, were included all those general and unrestricted powers expressed in the 16th Article of the Colonization Law of 18th Aug., 1824.

In virtue of this authority, he promulgated the following de

cree:

Manuel Micheltorena, Brigadier General of the Mexican Army, Adjutant General of the Plana Mayor, Governor, Commandant General and Inspector of the Department of the Californias.

The Supreme Departmental Government being unable in consequence of its incessant occupations, to draw up, one by one, the respective title papers (titulos) for those citizens who have solicited lands, with informe in their favor of Mr. Augustus Sutter, Captain and Judge charged with the jurisdiction of New Helvetia and Sacramento:

In the name of the Mexican nation, I do by these letters confer upon them and their families the property of the lands designated in their respective applications (instancias) and maps (desenos,) upon all and each one who have solicited (the same) and obtained the favorable informe of the aforesaid Mr. Sutter up to the day of this date-so that nobody shall have power to question their right of property, a copy hereof, which Mr. Sutter shall hereafter give them, serving them for a formal title, with which they will present themselves to this Government, in order to extend the same title in due form and on stamped paper.

And that it may remain firm and stable in all time, I give this document, which shall be recognized and respected by all the authorities, civil and military, of the Mexican nation in this and the other Departments, authenticated with the military and governmental seals in Monterey, this twenty-second day of December, one thousand eight hundred and forty-four.

MICHELTORENA.

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