of Mr. Sutter, at a place called "Socayac," consisting of fifteen thousand varas, or three leagues of land, according to a map or diseño annexed to the said petition, and representing the rancho de "Socayac" as situated on the right bank of the river Cosumnes, about eight leagues southeast from the establishment of New Helvetia. That said petition was accompanied by a recomendation from John Augustus Sutter, then judge and military commandante of the frontier of New Helvetia, as to the good character of said petitioner, and stating that the land was vacant. That said petition and accompanying documents were referred to Manuel Jimeno, secretary of the government, who, on the 30th March, 1844, reported that the was no objection to granting to the land prayed for by the petitioner. That on the 1st April, 1844, the favorable report of the secretary, Jimeno, was confirmed by a decree of Gov. Micheltorena. That thereafter, on the 22d December, 1844, Gov. Micheltorena, by a decree of that date, granted in fee to all the citizens who had solicited lands, on the favorable report Don John A. Sutter, the respective lands designated in their petitions and plats, to all and each of them, up to the date of said decree, ordering that a copy of said decree should be delivered to each of the respective claimants by the said Sutter, which should have the force of a formal title. That on the 5th April, 1845, a copy of the said decree, duly authenticated by the official signature of John Augustus Sutter, was delivered to the said John Chamberlain as his title to the rancho de "Socayac. That the said rancho de "Socayac" is not subject to the exception of ten and twenty leagues, mentioned in the fourth section of the colonization law of Mexico of the 18th August, 1824. Petitioner further represents, that said "Rancho de. Socayac” was conveyed by the said John Chamberlain, on the 29th of March, 1846, to Perry McCoon, who, on the 25th November, 1850, conveyed the said rancho to George McKinstry, jr., and the said McKinstry conveyed the same to your petitioner. That said rancho has been constantly occupied and cultivated by the said Chamberlain and those claiming under him, from March, 1844, until the present time, and that all the conditions of the law have been fully complied with. Your petitioner therefore asks, that after due process and proof in the premises, your honors would establish and confirm his claim and title to the said rancho de "Socayac," to the extent herein claimed. HASTINGS, THOMAS & MORSE, Att'ys. Filed in office May 21st, 1852. Recorded in record of petitions, vol. 1, pages 99, 100. GEO. FISHER, Sec'y. GEO. FISHER, Sec'y. Deposition of John A. Sutter. SAN FRANCISCO, Dec. 21st, 1852. On this day, before Com'r Harry J. Thornton, came John A. Sutter, a witness in behalf of the claimant, Emanuel Pratt, petition No. 235, and was duly sworn, his evidence being given in English. Ü. S. associate law agent was present. Questions by Claimant. Question 1st. What is your name, age, and place of residence? Answer. My name is John A. Sutter; my age is forty-nine; my residence is in the district of Sacramento, where I have lived ever since the year 1839. Question 2d. What office did you hold and exercise in that district, under the Mexican government? Answer, I was military commander of the northern frontier, and judge of the jurisdiction of the district of Sacramento; I was the sole judge of that district, from the year 1840 to the conquest of the country by the United States, Quest. 3. Were you acquainted with John Chamberlain, who claimed and owned the rancho de Socoyac, now claimed in this case? Ans. I was acquainted with him; in 1840, I think it was, I took him into my employment as a blacksmith, and he lived and worked in my employment for several years. Quest. 4. Were you acquainted with the land given to him under the general title of Gov. Micheltorena? If so, state where it was situated, Ans. I am acquainted with said land; it is on the north bank of the Cosumnes river, and about twenty miles from the fort of New Helvetia, adjoining and next above land claimed by Sheldon. Quest. 5th. Did Chamberlain take possession, occupy, and build upon the land described? Ans. He did, and had large stock also thereon, and fields; his possession was first taken in 1843, and continued under my authority to occupy it until he sold it; since when it has been occupied by those claiming under him. Quest. 6th. Have you examined the original of the expediente in this case, of which a traced copy is filed, marked B, taken from the public archives? And if so, state whether the signatures of yourself, that of Micheltorena, and Manuel Jimeno, where they occur in and upon said original, are genuine, and whether the traced copy on file in this case is correct, Ans. I have examined the papers referred to, and compared them; the copy in this case marked B is true, and the signatures of the original exhibited are all genuine, being well acquainted with the same, Quest. 7. Did you or not ever deliver to Chamberlain the certified copy of the original general title, espediente, from Micheltorena to you; and if so, at what time? Ans. I did deliver to him, when it bears date, viz., 5th April, 1845, the original of the said general title of gov. being at that time in my possession. Quest. 8th. Do you or not know whether the mesne conveyances, or sale of this land, as it is set forth in page one of the said expediente B from Chamberlain to Perry McCoon, was made at the time it purports to be, and for the consideration therein stated? Ans. I do know that the said conveyance was made, and for the consideration stated therein. Cross-examined by the Law Agent. Quest. 1st. How do you know that you gave the paper called a general title to Chamberlain, being that his name does not appear upon it? Ans. I remember well to have given a copy of it to Chamberlain. Quest. 2d. Was Micheltorena governor of California on the 5th of April, 1845, when you gave the copy of the general title to Chamberlain ? Ans. I believe he was not governor at that time, though Chamberlain was entitled to have had it while he was, I was so engaged in military affairs that I could not earlier attend to the matter. Quest. 3d, How long did you continue to deliver those titles after Micheltoreana's ceasing to be governor? (This question objected to.) Ans. I delivered some that I had not time to deliver before; afterwards each was delivered at the date of my certificate of such delivery. 'U. S. law agent present. J. A. SUTTER. Sworn to and subscribed before me this 21st of Dec., 1852. On this day, before Com'r Harry J. Thornton, came John Bidwell, a witness in behalf of the claimant, Emanuel Pratt, petition No. 235, and was duly sworn, his evidence being given in English. The U. S. associate law agent was present. The witness, John Bidwell, being duly sworn, states that he is thirty-three years of age, has lived in California for eleven years, and am a surveyor by profession. I was well acquainted with John Chamberlain; he was for some years in the employ of Capt. John A. Sutter, at Sutter's Fort, in Sacramento county; I knew him first in the year 1847, and from that time to the year 1846, when he emigrated to Oregon. I am well acquainted with the land formerly claimed by him, called Socayac, and now claimed by Emanuel Pratt. This tract of land is situated on the north bank of the Cosumnes river, in the county of Sacramento, about twenty miles southeast of Sutter's Fort. The land is bounded on the west by the tract granted to Jared Sheldon, and on the north and east by vacant lands. The map or design attached to the original expediente which is now presented to me, and a copy of which is now on file in this case, was made by me in the year 1844, at the request of said Chamberlain, and under the direction of Capt. John A. Sutter. The rancho de Socayac was occupied and cultivated by said Chamberlain during the years 1844 and 1845, and since by those claiming under him. There was a house built in 1844, which was standing on the land two years since. I have been acquainted with Capt. John A. Sutter ever since I have been in California. He executed the office of chief magistrate and military commandant for the district of Sacramento from the year 1841 till the conquest of the country in 1846. I am well acquainted with his signature and handwriting, having often seen him write. The signature of John A. Sutter to the original papers now presented to me, and of which those copies on file in this case, are genuine. The letter on the page addressed to Gov. Micheltorena, dated 19th March, 1844, is wholly written in the handwriting of Capt. Sutter, I am well acquainted with the writing of Gov. Micheltorena and Manuel Jimeno; I have seen them write often. Their signatures, where they occur in the original papers, are genuine. I have seen the original grant or authority to Capt. Sutter, of which a copy is hereto annexed, dated April 5th, 1845, and signed by John A. Sutter. I think the one here presented is a true copy. The map made by me for Gov. Micheltorena had delineated upon it the rancho de Socayac. I was a subscribing witness to the decree on page 1 of the expediente on file in this case; the deed was executed at the time stated thereon; Chamberlain was present and authorized the act of sale. Henry A. Huber, the other subscribing witness, was also present and signed the act of sale with me and Capt. Sutter. This claim, among others, was given to me to be taken to Los Angeles, to be presented to the governor, when I was prevented by the breaking out of hostilities which ended in the conquest of the country. The portion of the map stained with green represents the land called Rancho de Socayac, herein before described. JOHN BIDWELL. U. S. law agent present. Comm'r. Filed in office Dec. 21, 1852. GEO. FISHER, Sec'y. Recorded in Ev. B., vol. 2, p. 355. GEO. FISHER, Sec'y. Deposition of John Bidwell. SAN FRANCISCO, March 26, 1853. On this day, petore Com'r Hiland Hall, came John Bidwell, a witness on behalf of the claimant, Emanuel Pratt, petition No. 235, and was duly sworn, his evidence being given in English. The U. S. associate law agent was present. In answer to inquiries by counsel for the claimant, the witness testified as follows: My name is John Bidwell, my age thirty-three years, and I reside I know the rancho called Socayac, on the Cosumnes river, in the county of Sacramento, and in relation to which I have heretofore given my deposition. The plan of the land made by me in 1844, and mentioned in my former deposition, was made by direction of Mr. Chamberlain and Mr. Daylor. Daylor claimed an adjoining tract, now claimed by the heirs of Daylor and Jared Sheldon. The upper boundary of the Sheldon ranch, as pointed out to me by Mr. Daylor, began on the banks of the Cosumnes river, at a tree-an ash or an oak, I cannot remember which-standing a short distance above a certain deep gulch or slough, which then formed, and does now, the upper boundary of said Daylor's field, which was fenced in. The distance of the tree from the gulch I should think did not exceed fifty yards. I was there two days ago. The tree, with others near it, has been cut down. The Sheldon and Socayac ranchos are bounded on each other; the boundary before mentioned being the division between them. The rancho Socayac has been occupied with cattle and horses. After John Chamberlain left the place, in 1846, it was occupied first by Perry McCoon, then by James Coutes, then by George McKinstry, and afterwards by Emanuel Pratt, who still occupies it. Chamberlain with a large adobe house and other building, and had large fields enclosed and under cultivation; and those claiming under have continued the cultivation to the present time. The land along the river is nearly all cultivated. |