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Guide to the San Diego Pueblo Lands Collection MS 267
MS 267  
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Collection Details
 
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  • Biographical / Historical Notes
  • Scope and Content
  • Arrangement
  • Preferred Citation
  • Processing Information
  • Conditions Governing Access
  • Conditions Governing Use
  • Physical Characteristics and Technical Requirements
  • Comments
  • Immediate Source of Acquisition

  • Title: San Diego Pueblo Lands Collection
    Identifier/Call Number: MS 267
    Contributing Institution: San Diego History Center Document Collection
    Language of Material: English
    Physical Description: 1.25 Linear feet (1 box)
    Date (inclusive): 1834-1880
    Abstract: This collection contains reproductions of documents related to the original land grant for the pueblo of San Diego in 1834; the Board of Land Commissioners’ confirmation of the grant in 1854; decree from 1869 confirming settled land claims; and the private land grant for Rancho San Jacinto Viejo to Jose Antonio Estudillo and his family.
    Language of Materials: Collection materials are in English and Spanish.
    creator: San Diego Historical Society.

    Biographical / Historical Notes

    In the 1830s, following Mexico’s independence from Spain, Alta California became a department of the Mexican republic. Under the legacy of Spanish colonial law which Mexico continued to enforce, a pueblo could be formed by the election of certain municipal officials, including a mayor (alcalde), two councilmen (regidores), and a legal advisor/advocate (sindico). These municipal authorities then organized a civil government, or ayuntamiento, and were then entitled to a land grant from the Mexican public domain.
    In accordance with this law, San Diego held its first election on December 21, 1834, electing the officials legally required to establish a pueblo. Those elected included: Jose Osuna, mayor; Juan B. Alvarado, councilman; Jose Maria Marron, councilman; and Henry Fitch, legal adviser. Following the election, the officials applied to the departmental government of Alta California for a grant of land from the public domain. Their petition was received favorably and granted by the governor, who ordered a land grant for the pueblo of San Diego. The exact location and quantity of land granted was unknown until 1845 when Fitch completed the first known survey and map of San Diego, charting a territory of nearly 50,000 acres. The pueblo of Santa Barbara also became an “ayuntamiento” and its officials applied for a land claim during the same period, the forms for San Diego and Santa Barbara being filed together.
    Jose Antonio Estudillo, although not an initial municipal authority, was an active participant in San Diego’s first elections and a prominent landowner in San Diego during that time. Son of Jose Maria Estudillo, former comandante of Monterey and San Diego, Jose Antonio married Victoria Dominguez in 1826, becoming the brother-in-law of Juan Bandini. Marrying into another influential family helped him gain political clout and he served as San Diego revenue collector and treasurer from 1828 to 1830. Estudillo secured multiple land holdings during the 1830s and 1840s, including three lands grants in the San Jacinto area. Jose Antonio served as administrator and mayordomo at Mission San Luis Rey from 1840-1843, and was granted ownership to part of the Mission’s lands, known as Rancho San Jacinto Viejo, during his period of service.
    Following Mexico’s surrender of Alta California to the United States in 1848 as part of the Treaty of Guadalupe, Congress created a Board of Land Commissioners for California to determine the validity of all land claims founded on Mexican land grants. The creation of this Board was directly related to article one of the treaty with Mexico requiring the U.S. to recognize all valid grants within the ceded territory that had been made prior to the beginning of the war. As required, the city petitioned their land claim in 1852 in case number 589: “President and Trustees of the City of San Diego vs. U.S. government for Pueblo Lands.” Locally known as the “Pueblo Lands case,” this claim was confirmed by the board in 1854 but the government appealed the ruling. However, the appeal was never followed up on, so it was dismissed and the board’s decision was confirmed and deemed final in 1857. The Fitch map was used to determine the boundaries of the city in this case. As with all other longtime landowners in the area, the Estudillo family also had to petition for their land to the Board of Land Commissioners. Jose Antonio Estudillo died in 1852, but his heirs, including his wife, Victoria Dominguez Estudillo, filed the claim and it was granted on November 21, 1854. The Estudillo family’s land disputes did not end there however, and they were back in court in 1879 regarding a dispute with their neighbor, John Flanagan over the boundaries of their land. Despite this minor dispute, the Estudillo family continued to own most of the Valley until the early 1880s, when parts of it were sold off.

    Scope and Content

    This collection contains a tracing and several copies of the original 1834 Mexican government’s decree establishing San Diego as an ayuntamiento and granting the city land from the public domain. There is a transcription of the document, accompanied by several different translations of the same document. The collection also includes a transcription of the proceedings of the 1852-1854 “Pueblo Lands” case brought before the California Board of Land Commissioners. There is also a transcription ("Island or Peninsula of San Diego") of a 1869 United States decree confirming previously settled land claims in San Diego. There are numerous reproductions of documentation from the U.S. National Archives related to the Estudillo family’s land claim in Rancho San Jacinto Viejo, dating from 1839-1880. Titles of sale, assessments and leases, as well as administrative documents from the Pueblo League of San Diego are included in the collection.

    Arrangement

    Items in this collection are arranged by subject.

    Preferred Citation

    San Diego Pueblo Lands Collection, MS 267, San Diego History Center Document Collection, San Diego, CA.

    Processing Information

    Collection processed by Katrina White on June 7, 2011.
    Collection processed as part of grant project supported by the Council on Library and Information Resources (CLIR) with generous funding from The Andrew Mellon Foundation.

    Conditions Governing Access

    This collection is open for research.

    Conditions Governing Use

    The San Diego History Center (SDHC) holds the copyright to any unpublished materials. SDHC Library regulations do apply.

    Physical Characteristics and Technical Requirements

    Tracing of 1834 Mexican decree has each sheet individually encapsulated. (June 13, 2011)

    Comments

    The tracing of the 1834 Mexican Decree was found in the San Diego County Clerk’s office. The original decree is most likely in the U.S. National Archives. All documents related to Rancho San Jacinto Viejo are reproductions from the U.S. National Archives.
    Material added to collection from Document Files Collection; Pueblo Lands, Pueblo League of San Diego, and Pueblo Land Deed of Sale 1869 to Jacob Schiller files.

    Immediate Source of Acquisition

    Accession numbers 610702A and 960822.

    Subjects and Indexing Terms

    Alvarado, Juan Bautista, 1809-1882
    Arguello, Santiago
    Bandini, Juan
    California Board of Land Commissioners.
    Estudillo, Jose Antonio
    Estudillo, Jose Maria
    Estudillo, Victoria Dominguez
    Fitch, Henry Delano
    Flanagan, John
    Gassen, Adolf G.
    Marron, Jose Maria
    Matias Moreno, Jose
    Osuna, Jose
    Pueblo League of San Diego.
    San Luis Rey Mission (Calif.).
    Sutherland, Thomas W.
    Alta California
    Ayuntamiento
    Deeds
    Land grants
    Land tenure
    Maps
    Monterey (Calif.)
    Pueblo Lands
    Rancho San Jacinto Viejo
    San Diego (Calif.)
    Santa Barbara (Calif.)