farms, with inducements held out to the Indians to work upon them, the avails of which to be appropriated to the nations' use; and then with directions to aid all such as should attempt to establish a farm of their own. In this way, if a few honest and self-sacrificing men were sent amongst them, it seems to me in a few years a beneficial change would be perceptible in the condition of the Indians. It is true, in the Snake claim of boundaries there are many large valleys, where I believe cattle could be reared even with profit; and, therefore, it may be said that it would be good policy to endeavor to turn them into herdsmen and teach them to raise and herd stock. This, if accomplished, would perhaps better their condition, because thus they might secure for themselves and families meat enough for food, which now they do not get; but I very much question whether their moral condition would in any way be bettered, whilst their physical constitution would unquestionably be enervated in the lazy habits of the herdsman. But, while you may easily and rapidly cause a civilized man to approximate towards the savage life by turning him out a herdsman, alone, to eat the beef he tends for his support, still it will be absolutely impossible to make a civilized man out of a savage by teaching him the idle and lazy employment of herding cattle in a barren wilderness amongst the mountains. There is no employment like that of agriculture, which ties them to a local spot of land, to cultivate the feelings of virtue and social intercourse, which are essential ingredients of civilization even in a savage. To attempt an accomplishment, or rather an initiation of such a policy, I have given notice already that I will, if approved of by the department, next summer hold a grand council of the two nations at Fort Bridger, when I will endeavor to carry out these or such other views as the department shall direct me, with these two nations. The council is not only essential to settle difficulties between themselves for they often go to war with each other-but it is the only way in which the government can, with any probability, expect to become acquainted with their wants; for their country is too extensive, their bands too numerous and widely scattered, to enable any one, or even half a dozen agents and their assistants, to even see them; and when he should do so in relation to one band, the next nearest would probably be several hundred miles distant, without whose assent they could not finally act; and by the time you had seen half a dozen bands and got their consent to any proposed measure, it would be needful to go back, for some of them by this timewill have rued their bargain.

In fact it were as well to say at once that nothing but a great council of both nations together, promises any probable favorable result in negotiation with them. Under all the circumstances of the case, I suppose Fort Bridger to be the most proper place, as it is unquestionably the easiest of access to them; and besides, it has for a long period been the principal place where they have traded. And then the vast valleys of the finest grass on the very many fine small streams and brooks in that vicinity, which abound in fine fish, makes it the most fit place for such an assemblage. And then there are no settlements of whites in the vicinity to corrupt them with spirits and other things to annoy; for such traders as may be there will be subject to the law, and can be restrained under proper regulations. And then it will be within a reasonable distance of Fort Hall or Bear river, from which a company or two of troops could easily attend to keep proper regulations; and it will be quite within reach of

this place to obtain there such supplies of provisions as may be wanted to give a feast, and such like affairs, to facilitate the intercourse with them. Whether the whole system, as at present practised with the Indians under the present statute regulations of the nation, is to be changed or not, so far as these tribes are concerned it ought to be greatly modified, as this is their first intercourse with us. Some wholesome regulations may easily be adopted with them, that perhaps could not so easily be introduced amongst those already accustomed to the old mode: for instance, I would exclude from the trade all matters of ornament, such as beads, rings, rattles, paints, and a thousand other gewgaws which have been invented expressly for the purpose of cheating these poor people out of whatever little they may have to dispose of, and thus impose upon them articles not only worthless in themselves, but calculated expressly to deceive them as to their intrinsic value. Heretofore the Utahs have driven a large trade in horses, the larger number of which they have stolen from the Mexicans. Some check should be placed on this traffic which now forms much the larger item of the trade between them and the traders, who have heretofore enjoyed a monopoly of this traffic, either to forbid a sale of a horse altogetherexcept the consent of some proper man duly appointed for that purpose was first had-or unless it could be shown satisfactorily that the Indian had raised or purchased fairly the horse he offered for sale; for it will be exceedingly hard to induce them to quit stealing horses as long as traders are at liberty to purchase all they bring them. And it cannot be possible that the government can discharge its duty so as to fairly satisfy that philanthropy which unquestionably gave rise to the Indian system under our government, unless traders are regulated both as to kind and prices of the goods they are allowed to vend to them.

The plan, however, which my judgment dictates as the most proper is, that the government itself should be their sole factors, and allow no pri-、 vate trader to go amongst them.

Let the government receive, transmit, and dispose of all they have to spare, and furnish them with all that their produce could pay for, and such other gifts as the government may see proper to add, without charging commission for goods sold for them or levying per cents on those sold to them-charging only actual costs and charges. This system adopted and placed under the charge of the proper class of men, and I will venture the opinion that in a few years you will see a corresponding improvement of the Indians; and if the previously-formed opinions in favor of the old system are too strong to allow a change of the whole, let it be tried with these unfortunate people within the bounds of Mexican California, and I venture the assertion that these wild and degraded Indians will be greatly improved, more than half of whom already are reduced to the necessity of living upon roots and the mountain black cricket, somewhat resembling only larger than the grasshopper, and which in this country is far more destructive on vegetation than the latter.

That portion of the Sho-sho-nies called Sho-sho-coes, (or Walkers,) being without horses, cannot now even go to where a buffalo is to be killed, and consequently are not only deprived of the meat so necessary for their support, but also of their skins, which are equally indispensable to make lodges and clothes to keep them from freezing in these mountains, where the perpetual snows forever are within their sight; and the conse

quence is, they are obliged to seek such holes and caves in the declivities of these "everlasting hills" as they can find to keep them and their children from freezing. There are many warm and hot springs throughout this country, and it is said to be no uncommon thing to see them sheltering themselves and their children from the bleak and terrible storms which prevail in these grand and rugged mountains by lying during a great part of the day (and perhaps night, too) in their waters.

It were useless for me to say more at present. The above views appear to me to be correct, and although the miserable condition of these poor Indians furnishes many other facts and reasons to enforce the necessity of the changes recommended to be made, still I have not time or room to place them before you now; at some future period I may do so. I hope to have your response to these views as early as possible, directed to San Francisco, that I may have ample time, if you approve, to call the tribes together as I propose.

Your obedient servant,

Hon. THOMAS EWING,

JOHN WILSON,

Indian Agent at the Salt Lake, California.

Secretary of the Department of the Interior.

No. 7.

Correspondence with William Carey Jones, special agent in California and New Mexico.

DEPARTMENT OF THE INTERIOR,

July 11, 1849.

SIR: That I may be enabled to lay before Congress at their next session something reliable as to the condition of land titles in California, it is important that the archives in that Territory and also in the city of Mexico (so far as they touch those titles) be examined and reported upon by a competent person.

To this end, I desire that such person be sent with 'official authority to make the necessary examination, to collect and secure the original archives in California, and to procure the necessary copies in the city of Mexico. This latter duty must necessarily be performed under authority from the State Department.

For this mission I propose William Carey Jones, esq., well known to you as an adept in the Spanish language, and as a lawyer well skilled in the Spanish colonial titles. I propose, if it meet your approbation, that you commission him to visit the city of Mexico for this purpose, and that he be permitted to go by San Francisco, Monterey, and San Diego, and other places in California, and make at those points the necessary investigations.

For his government while engaged in California, I have caused the accompanying instructions to be prepared at the General Land Office; and I propose, if you approve it, that he be governed by them, so far as they be applicable, in his examination at the city of Mexico also.

I am, very respectfully, yours,

Hon. JOHN M. CLAYTON, Secretary of State.

T. EWING.

GENERAL LAND OFFICE, July 5, 1849.

SIR: By a communication of the 29th ultimo, the Secretary of the Interior advised this office of your appointment as confidential agent of the government to visit Mexico and California, in order to obtain information, "as early as practicable, of the character and extent of the titles and claims to lands within the limits of the tract of country acquired by the United States by the late treaty with Mexico, purporting to have emanated from the former authorities of that country." At the same time, the Secretary has requested that such instructions and information may be given to you as the objects in view may render necessary. It is a principle of public law, now acknowledged and recognised by the usage of modern nations, that, though the sovereignty changes, private rights remain unaffected by that change; and consequently that the relation of the people to each other under such circumstances, and "their rights of property, remain undisturbed." This principle is explicitly recognised and sanctioned in the treaty between the United States and Mexico, as ratified on the 4th July, 1848, which in the most solemn form, and as the supreme law of the land, makes it obligatory upon our government to respect the valid and bona fide titles of individuals; and, in reference to the future management of the public domain within the limits of our newly acquired territories, to make it incumbent upon us to take such measures as will enable our government to separate from the mass of the public lands all private property resting upon such titles derived from the former government. To this end, therefore, and in view of the directions from the Secretary, you are hereby instructed:

1. To proceed without delay to Upper California, and to visit such places as Monterey on the Pacific, San Francisco, San Diego, or any other points you may deem necessary, in order to obtain full and authentic information to enable you to have access to all the provincial, departmental, or other records and archives connected with titles and claims to land in California, seeking facilities and aid from the United States military officers in command there, or from such persons as may be officiating judicially or in other civil capacities, for the time being, under the existing customs of the community.

2. Having gained access to those archives, you will then, after a care-ful and thorough examination of them, prepare a complete and perfect abstract, in such a form, as to arrangement and classification, as will exhibit the particulars-

First. As to all grants or claims in the territory derived from the government of Spain when her authorities held dominion over the country, showing the dates of such; the names of the original grantees; the area of each claim, with its front and depth; the name of the watercourse, or other natural object indicating locality; whether or not sur-.-veyed; the date of survey, with the name of the officer making the grant, stating whether such grants have been sanctioned; and if so, when and by what officer or authority under the Mexican government, desig-nating such as are in regular and legal form and appear prima facie to be bona fide valid titles, and such as are fraudulent or suspicious, reporting the reasons and grounds of the discrimination you may make.

Second. A similar abstract of such titles as were derived from the authorities of Mexico since the separation of that country as an independent republic from Old Spain, indicating the names of the granting

officers in each case; dates of, &c., of each element of title from the inceptive to the survey, and to the concession or title in form, showing whether the same emanated direct from the supreme government of Mexico, or from the departmental authorities, with information as to the titles and powers of the granting officers; dates of their commissions arid periods of incumbency, with such data as you may be able to procure touching their powers, and how derived, for alienating the national property; specifying such grants as appear to be regular and valid, and such as are of an opposite character. You will be pleased to discriminate between such as are perfect titles, clothed with all legal formalities, and such as are inceptive or inchoate, and in all cases designating the names of the parties appearing in the archives, land or judicial records, as. "present claimants," or whom, from authentic and reliable sources, you may find to be so, with a reference to the evidence you may have before you of present proprietorship.

Third. You will also make a separate classification and abstract of allgrants or titles made about the time of the revolutionary movements in California-say in the months of June and July, 1846-and up to the period when actual hostilities between the United States and Mexico were known in California, and also of any which may have been subsequently made; showing the dates of sales; area of tracts; names of original grantees; when and by whom made; whether surveyed or not;. whether to residents, non-residents, or foreigners; whether or not clothed with the usual legal formalities, specifying such as may have been made without legal authority, with an abstract of the evidence of transfer by the grantors, and of such evidence to others from the grantees.

Fourth. You will obtain a copy of all the different authentic forms of title, from the first element up to the consummation of the grant—such as the petition, decree, order of survey, return of actual survey, concession grant, with the denomination of the various allotments, from a square league "un sitio de gañado mayor,' or square league of 4,428 acres, down to the smallest farm, or village, or town lot, with the ratios usual between the fronts and depths, and will prepare a comparative statement of the land measures formerly used in California under Spain and Mexico, and those now employed in the United States.

Fifth. You will direct particular attention to the extensive tracts or bodies of land covered by what are known as "missions." You will ascertain as fully as possible the extent, locality, and value of each of them, and of the buildings or improvements thereon; will trace out their early history, origin, and date of the establishment of them, respectively, and their transition, and under what authority, from the ecclesiastical to the civil power, or national authorities; their condition as to title and possession at the commencement of hostilities between the two republics; the dates of any sales made about that time, previously or subsequently; the circumstances under which, to whom and by whom made, and under color of what authority, with the dates of any subsequent sales by parties claiming under grants from the California authorities; with the: particulars in each case as to date, consideration, &c., accompanied by plats or sketches exhibiting their actual location and relative position to places now laid down on maps of the country.

Sixth. You will carefully examine and report all the information you can obtain as to whether any titles were granted to "mines," either of the precious metals, quicksilver, or other minerals; when and to whom