Chief Clerk. General Land Office, June 24th, 1851. Sir: I have to inform you that the President of the United States exempts and reserves from sale for public purposes, the following tracts or parcels of land, in the State of California: In the Bay of San Francisco, Cala.: 1st. From a point eight hundred yards south of Point Jose to the southern boundary of the Presidio, along the southern boundary of its western extremity, and thence in a straight line to the Pacific Ocean, passing by the southern extremity of a pond that has its outlet into the channel between Fort Point and Point Lobos. 2d. From the southern boundary of Sau Solito [Saucelito] Bay, a line parallel to the channel of entrance to the Pacific. 3d. Yerba Buena Island. 4th. Alcatrazes Island. 5th. Angel Island. On the eastern side of the Bay of San Pueblo: 6th. Mare Island. 7th. The land on the eastern side of Mare Island Straits, beginning at the high hills between these straits and the City of Benicia, about 2,000 to 2,500 yards from the former, and extending in a line nearly parallel to it, to a point opposite the northern extremity of Mare Island, and thence to the straits so as so join them at a point about eight hundred yards north of the northernmost high hills on the eastern side of the straits. MILLARD FILLMORE. Washington, November 6th, 1850. I am, very respectfully, Your ob't serv't, J. BUTTERFIELD, Commissioner. Sam'l D. King, Esq. Surveyor General, San Jose, Cala.
Presidential Order
🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02)
📜 10th Amend: Intergovernmental Federalism Cooperation
Executive Order—Reserving From Sale for Public Purposes Certain Lands in the Bay of San Francisco, California
Executive Brief • At a Glance
⏱️ 1 min read (255 words) •
● In Effect
🎯 Primary Mandate
Sir: I have to inform you that the President of the United States exempts and reserves from sale for public purposes, the following tracts or parcels of land, in the State of California: In the Bay of San Francisco, Cala.: 1st.
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
🏛️ Scope & Affected Sectors
Sovereign State Governments & Localities Private Citizens & Property Owners
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Millard Fillmore on November 6, 1850, this order concerns Reserving From Sale for Public Purposes Certain Lands in the Bay of San Francisco, California. Chief Clerk. General Land Office, June 24th, 1851. Sir: I have to inform you that the President of the United States exempts and reserves from sale for public purposes, the following tracts or parcels of land, in the State of California: In the Bay of San Francisco, Cala.: 1st.
Constitutional Assessment: Reviewed under the Tenth Amendment and the principle of dual federalism, this order touches upon domains traditionally reserved to the sovereign States. The Framers would caution against any attempt to commandeer state officers or displace local police powers through federal executive fiat.
Key Directives & Operative Actions
▪
Sir: I have to inform you that the President of the United States exempts and reserves from sale for public purposes, the following tracts or parcels of land, in the State of California: In the Bay of San Francisco, Cala.: 1st.
▪
The land on the eastern side of Mare Island Straits, beginning at the high hills between these straits and the City of Benicia, about 2,000 to 2,500 yards from the former, and extending in a line nearly parallel to it, to a point opposite the northern extremity of Mare Island, and thence to the straits so as so join them at a point about eight hundred yards north of the northernmost high hills on the eastern side of the straits.
Constitutional & Societal Entities Impacted
🏛️ Sovereign State Governments & Localities
🏛️ Private Citizens & Property Owners
Policy Areas & Topics
🏛️
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
🏛️✅ Zone 1 (Maximum Authority)
§
"When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate."
— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Express or Implied Congressional Authorization
JM
James Madison
Separation of Powers & Legislative Primacy
"The constitutional magistracy was designed not to invent policy, but to be the faithful instrument of the laws passed by the people's representatives." — Speech in the First Congress (1789)
Madison would approve the structural posture of this order. The President acts strictly in subordination to statutory authority granted under Article II, Section 3 ("take Care that the Laws be faithfully executed"). The checks and balances hold firm because the policy origin remains with the legislature.
Madisonian Stance: Concurring (Statutory)
AH
Alexander Hamilton
The Energetic Executive & Unified Command
"A feeble Executive implies a feeble execution of the government; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government." — Federalist No. 70 (1788)
Hamilton would view this directive as the natural and indispensable functioning of administrative leadership. Without the power to coordinate agencies, manage personnel, and resolve operational ambiguities, the modern presidency would be reduced to an impotent figurehead.
Hamiltonian Stance: Supportive of Execution
GM
George Mason
Bill of Rights, Due Process & 10th Amendment
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." — 10th Amendment to the US Constitution (1791)
Mason would scrutinize whether this federal directive intrudes into police powers, land stewardship, or municipal domains historically reserved to local citizens. The Anti-Federalist demand is that federal administration must never supplant state self-governance.
Anti-Federalist Stance: Eternal Vigilance Required
📐
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
🛡️ High Constitutional Concordance
23 / 100 friction index
Dimension 1 • Art. I, §1 & §8
Low Friction
Legislative Encroachment & Purse
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3
Low Friction
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment
Moderate Friction
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 • 5th & 14th Amendments
Low Friction
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Benchmark: Protection of private property, contracts, liberty, and procedural justice.
Dimension 5 • Separation of Powers
Low Friction
Youngstown Jacksonian Tier
The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
Benchmark: Express or Implied Congressional Authorization
⚖️
Audit Synthesis
This order operates in close harmony with statutory authority and standard Article II supervisory execution.
Weighted composite: Art. I (25%), Art. II (25%), Federalism (15%), Due Process (15%), Youngstown (20%).
ℹ️
How to read these dimensions: Executive power expands whenever an administration acts without explicit statutory authorization from Congress (Article I), touches upon police powers historically reserved to the states (Tenth Amendment), or limits private rights and property without judicial process. A low friction score indicates strict concordance with enacted law; a high friction score highlights orders testing the limits of presidential discretion.
Total Words
255
1,463 characters
Estimated Read Time
1 min
@ 200 words / min
Flesch-Kincaid
11.7
High School
Text size:
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Scholarly & Legal Citations
Exec. Order, Reserving From Sale for Public Purposes Certain Lands in the Bay of San Francisco, California (Nov. 6, 1850), https://executiveordersarchive.org/orders/app-executive-order-reserving-from-sale-for-public-purposes-certain-lands-the-bay-san.
