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Show had been had. Our attention has been called to no legislation by Congrm having special reference to these particular Indians. By the act creating the land commis-sion the commkionem Ne1B required (sec. 16) "to ascertain and report to the Sec-retarvof the Interior the tenure bvwhicb the miasion lands are held. and those held by cibilized Indiana, and those wgo are engaged in agriculture or labor of any kind, and also those which are occupied and cultivated bv Pueblos or Rancheros Indians.!' I It i%t o beue..urned that rl~crown~irrionepmer formed that dnty, and that Congres, in the d i s h a-m of irn olli-s tion to t lw Indiana, did all that it deemed uerwanry, and as no action bas been shown in reference to these particular Indians, or their claims to these lands, it is fairly to be deduced that Con-g ress considered that they had no claims which wiled for special action. But we are not compelled to rest upon any presumptions from the imciion of Con-grew. Turning to the testimony offered in respect to the matter of occupation, it may be stated that there was sufficient to call for a finding thereon if the fact of ocnr pation was controlling. But in the Mexican grants upon which Warner b& his application to the commission for a confirmation of his title we notice these things: The first grant was in 1840, to Jo.4 Antonio Pico. The application was for "the place 'Agua. Caliente,' belonging to the mission of San Luis Rey, since it is not needed by the @aid mission, hving a houee on it and an orchard of little utility." The report of the justice of the peace was "that the land 'Agua Caliente' is the -property of the San Luis Rey Mission, which has improvements, buildin.a, s., and an orchard, from which derive their suhsideuce the lndians who li1.p thereon, which is hound4 by the property of Joaqnin Or r r~~adn,J I l*.liave i t ran be awarded to thr interwhed party for being worthy, but wiihout prejudice to the Indians, who from it derive their support." The laat paper in the expediente was the following: Juan n. dl~urudnm, l t l d i n d guvern'r 411M ~ ~ r i ~ o eba~th ~mllaomj ia s: \Vl.ew&~Jo=ACn loniu P:cv ha3 p~ll1iorrc.lf. .)r I.in.8u.n ~IBNIIIUII l,r.rlcT,ta nd that of Lib family, the land known bs thenxrncr,i 'Axw Cslieotc.' boullda~ib r ,he rancb of ' S a n JorSVallev..". with rh.. boundary of the canyon of " ~ i e nVa i sta3' and by the miunteina of " Wl~mar .h~a'v ing previously complied will, the snttiasd ~nrc.figal,uor cdrreeponcll~opa.m required Ly the Inn, and reyularionr. excr~ismgth e powers whieb ai r r d n f ~0~, ) mI c in thr named the U~xicaon lltion, i 1 . a r~sx ,lvrd werant 10 him the a i d nlnre. rulsioct~neh :~nrelft o oas ior the o l a r ~of ~mr i t~al rn,d ~ l t irl i~m omvc m&that be there, belGnging to the 6ai LuiaRey ki&on. snd'not molest (Drejudimr) the ~ndisns 1h.t I ~ Z I ~ O I"Ila g be r.mblwhed, and to the sppmbarion of the most c n r ~ l l ~ nmre mbly of the dc~~artmenant.t1 lo tire 8. :~<lilionf.il llomiln~,l u \dl. ).'i?.it. Ile u~l iowr ato fc.llc.zrt in \rilhnut in,lerir,rinzw ith the rosdr. emnsrorula. aod other u.sce6 ~ (aemidumbres). He Gill poasesait ffullg and exolusiv&, tmiw it wrienlhual or any other use he i ~ d Iy~ C R I .b ut willlln d SZSI 1h:rhhll C O ~ S C F Ja. ~hu t198r hcrenn and l ~ r ien it. Second. Wbnn !ha proprny bhbll hsve been confirmed W him. Ilc shelr pcllllnn rnc repcctive .iullc-r t< -,~ ivchi m ~ w ~ i Iu~ CnI C U b~ ~, vimroi lhisordcr. and ~ h d ml a rk rhr Luuoarirs .m whose limits he shall flz the lsndmsrh. some fruit and wild treeatbat mar be of =me utility ~ ~~ ~~ ~~~ - . ~ ~ ~ - Fourth: If he should fail to eomolv with the& eondltions. he shall forfeit his title to the land and it will be denounceable by another; Therefore,I command that this present orderbe to him the title, and holding it for good and valid. © thereof be entered into the proper bwX and given to the party interested for his protection and other purposes. No approval of thk grant by the departmental aesembly a p p m of record, but the finding of the commission was that whatever of right passed to Fco was transferred by conveyances to Warner. The second grant, that in 1845, was made directly to Warner, upon his pemonal application, which application was thus indorsed: OPPICB OF TEE PIWI JDBTIC6 OP THE PEACE, Sam Diego. In view of the petition which the pwty interested remit? to this ofice, I beg to state that the slid "Vslle Sau JosB" is. 8nd haa for the past two yew been vacant and ebandoned, without sny goods |