LAND TITLES IN CALIFORNIA.
REPORT
ON THE SUBJECT OF
LAND TITLES IN CALIFORNIA
MADE IN PURSUANCE OF INSTRUCTIOWS8 FROM THE
cn'retarq  of  titate alib tlle Zcrttarv of tIe interior.
GIDEON & Co., Printers, Ninth street, Washington.








LAND TITLES IN CALIFORNIA.
REPORT
ON THE SUBJECT OF
LAND TITLES IN CALIFORNIA
MADE IN PURSUANCE OF INSTRUCTIONS FROM THE
5cirttaqr  of ~tate anb the Zmaretalr of tie 3Juttrior,
BY WILLIAM  CAREY JONES:
TOGETHER WITH A TRANSLATION OF THE
PRINCIPAL LAWS ON THAT SUBJECT,
AND SOME OTHER PAPERS RELATING THERETO.
WASHINGTON:
GIDEON & CO., PRINTERS,
1850.








REPORT
ON
LAND  TITLES  IN  CALIFOiRNIA.
To  TEE SECRETA.RY OF THE INTERIOR:
SIR: On the 12th July last, I received a letter of that date from the
Department of State, informing me that I had been appointed a; confidential agent of the Government, to proceed to Mexico and California, for the purpose of procuring information as to the condition of Land
Titles in California;" and at the same time, your letter of instructions,
and a letter from the Commissioner of the Land office.
Pursuant to these, I left this city on the 14th of the same month,
and embarked from New York on the 17th, on board the steamship
Empire City, for Chagres. Arriving at that place on the 29th, I
proceeded immediately to Panama, under the expectation of shortly
obtaining a passage to California. The first opportunity, however,
was by the steamship Oregon the 29th of August.  I arrived at
Monterey, the then capital of California, and where the territorial
archives were deposited, on the 19th of September. I afterward visited
the towns San Jose, the present capital, and San Francisco, and return.
ed to Monterey. I also made arrangements for going by land, so as to
visit the principal places on the way, frorn Monterey to Los Angeles,
and thence to San Diego. The early setting in of the rainy season
rendered this journey impracticable; and on the 16th of November I
left Monterey on the steamship Panama, and went by sea to San
Diego. Thence, I went by land to Los Angeles; and on the 3d of
December returned to San Diego, in order to embark on the steamer
which was at that time expected fiom San Francisco. 1 embarked
from San Diego on the 7tlh of December, on the steamlship Unicorn,
and landed the 181h of the same month at Acapulco, in Mexico. I
proceeded thence as rapidly as possible to the city of Mexico, where I
arrived on tilhe 24th. On the 11th of January I left that city, and on
the 18th of the same month embarked firom Vera Cruz for Mobile, and
thence arrived in this city on the 1st of February. I have been prevented from lmaking my report until the present time, by the unexpected detention of the papers and memoranda which I collected in California, and which I could not, without inconvenience and delay, and
some hazard of their loss, bring with me through Mexico, and therefore
procured to be brought by way of the isthmus of Panama.
On arriving in California, my attention was immediately directed to
the subjects embraced in your letter of instructions.




4
I. " To THE MODE OF CREATING TITLES TO LAND, FROM THE
FIRST INCEPTION TO THE PERFECT TITLE, AS PRACTISED BY MEXICO,
WITHIN THE PROVINCE OF CALIFORNIA."
All the grants of land made in California (except pueblo or village
lots, and except, perhaps, some grants north of the bay of San Francisco, as will be hereafter noticed) subsequent to the independence of
Mexico, and after the establishment of that government in California,
were made by the different political governors.  The great majority of
them were made subsequent to January, 1832, and consequently under
the Mexican Colonization Law of 18th August, 1824, and the government regulations, adopted in pursuance of the law, dated 21st November, 1828.  In January, 1832, General Jose Figueroa became Governor of the then territory of California, under a commission fiom  the
Government at Mexico, replacing Victoria, who, after having the year
before, displaced Echandrea, was hlimself driven out by a revolution.
The installation of Figueroa restored quiet, after ten years of civil commotion, and was at a time when Mexico was making vigorous efforts to
reduce and populate her distant territories, and consequently granting
lands on a liberal scale.  In the act of 1824, a league square (being
4,4284-S4 0   acres) is the smallest measurernent of rural property spoken
of; and of these leagues square, eleven (or nearly 50,000 acres) mright
be conceded in a grant to one individual.  By this law, the States
composing the federation, were authorized to make special provision for
colonization within their respective limits, and the colonization of the
territories,'C conformtably to the principles of the law" charged upon
the Central Government.  California was of the latter description, being designated a Territory in the Acta Constitutiva of the Mexican
Federation, adopt-d 31st January, 1824, and by the Constitution,
adopted 4th October of the same year.+ The colonization of California, and granting of lands therein, was, therefore, subsequent to the
law of 18th August, 1824, under the direction and control of the Central Government.  That government, as already stated, gave regulations for the same, 21st November, 1828.
The directions were very simple. They gave the governors of the
territories the-exclusive faculty of making grants, within the terms of
the law —that is, to the extent of eleven leagues, or silios, to individuals; and colonization grants, (more properly, contracts)-that is,
grants of larger tracts to empresarios, or persons who should undertake,
for a consideration in land, to bring families to the country for the purpose of colonization.  Grants of the first description; that is, to farilies or single persons, and not exceeding eleven sitios, were " not to be
held definitively valid," until sanctioned by the Territorial Deputation. Those of the second class, that is, empresario or colonization
* The political condition of California was changed by the Constitution of 29th December, and act for the division of the Republic into Departments, of the 30th December,
1836. The two Californias then became a Department, the confederation being broken up,
and the States reduced to Departments. The same colonization system, however, seems
to have continued in Calitornia.




5
grants (or contracts) required a like sanction by the Supreme Government.  In case the concurrence of the Deputation was refused to a
grant of the first mentioned class, the governor should appeal, in favor
of the grantee, from the assembly to the Supreme Government.
The'"first inception" of the claim,pursuant to the regulations,and
as practised in California, was a petition to the Governor, praying for
the grant, specifying usually tile quantity of land asked, and designating its position, with some descriptive object or boundary, and alse
stating the age, country, and vocation of the petitioner. Sometimes,
also, (generally, at the commencement of this system,) a rude map or,
plan of the required grant, showing its shape, and position with reference to other tracts, or to natural objects, was presented with the petition. This practice, however, was gradually disused, and few of the
grants made in late yeats have any other than a verbal description.
The next step was usually a reference of the petition, made on the
margin, by the governor, to the prefect of the district, or other near
local officer, where the land petitioned for was situate, to know if it was
vacant, an d could be granted without injury to'third persons or the
public. and sometimes to know if the petitioners' account of himself
was true.  The reply (informee) of the prefect, or other officer, was
written upon or attached to the petition, and the whole returned to the
governor.  The reply being satisfactory, the governor then issued the
grant in form.  On its receipt, or before, (often before the petition
even,) the party went into possession.  It was not unfrequent, of late
years, to omit the formality of sending the petition to the local authorities, and it was never requisite, if the governor already possessed the
necessary information concerning the land and the parties.  In that
case the grant followed immediately on the petition.  Again, it sometimes happened that the reply of the local authority was not explicit,
or that third persons intervened, and the grant was thus for some time delayed.  With these qualifications, and covering the great majority of
cases, the practice may be said to have been: 1. The petition; 2. The
reference to the prefect or alcalde; 3. His report, or intfor*ne; 4. The
grant from the governor.' Whenfiled, and how, and by whom recorded?"
The originals of the petition and informe, and any other preliminary papers in the case, were filed, by the secretary, in the government
archives, and with them a copy (the original being delivered to the
grantee) of the grant: the whole attached together so as to form  one
document (entitled, collectively, an expediente.)  During the governorship of Figueroa, and some of his successors, that is, from 22d May,
1833, to 9th May, 1836, the grants were likewise recorded in a book
kept for that purpose (as prescribed in the "1 regulations" above referred to) in the archives. Subsequent to that time, there was no record,
but a brief memorandum of the grant: the e.:pediente, however, still
filed. Grants were also sometimes registered in the office of the prefect
of the district where the lands lay; but the practice was not constants
nor the record generally in a permanent form.




6
The next, and final, step in the title, was the approval of the grant
by the Tenlitorial Deputation (that is, the local legislature, afterward,
when the territory was created into a Department, called the "Departmental Assembly.")  For this purpose, it was the governor's office to
coynrmunicate the fact of the grant, and all infolrmation concerning it,
to the assembly. It was here referred to a committee (sometimes called
a committee on vacant lands, sometimes on agriculture,) who reported
atea subsequent sitting.  The approval was seldom refused; but there
arernmany instances where the governor omitted to communicate the
grant to the assembly, and it consequently remained unacted on.'The
approval of the assembly obtained, it was usual for the secretary to deliver to the grantee, on application, a certificate of the fact; but no other
record or registration of it was kept than the written proceedings of the
assembly. There are, no doubt instances, therefore, where the approval
was in fact obtained, but a certificate not applied for, and as the journals of the assembly, now remaining in the archives, are very imperfect, it can hardly be doubted that many grants have received the approval of the assembly, and no record of the fact now exists.  Many
grants were passed upon and approved by the assembly in the winter
and spring of 1846, as I discovered by loose menmoranda, apparently
made by the clerk of the assembly for future entry, and referring to the
grants by their numbers-sometinmes a dozen or more, on a single small
piece of paper; but of which I could find no other record.' So, also, with the subsequent steps, embracing the proceedings
as to survey, up to the pelfecting of the title?"
There were not, as far as I could learn, any regular surveys made of
grants in California, up to the time of the cessation of the former government. There was no public or authorized surveyor in the country.
The grants usually contained a direction that the grantee should receive judicial possession of the land'" from the proper magistrate
(usually the nearest alcalde) in virtue of the grant," and that the boundaries of the tract should then be designated by that functionary with
" suitable-land marks."  But this injunction was usually complied
with, only by procuring the attendance of the magistrate, lo give judicial possession according to the verbal description contained in the grant.
Some of the old grants have been subsequently surveyed, as I was informed, by a surveyor under appointment of Col. Mason, acting as
governor of California.  I did not see any offieial record of such surveys,or understand that there was any. The " perfecting of the title"
I suppose to have been qccomplished when the grant received the concurrence of the assembly; all provisions of the law, and of the colonization regulations of they supreme government, pre-requisites to the title
being "definitively valid," having been then fulfilled. These, I think,
must be counted conmplete titles.
" Aid if there be any more booksifiles, or archives of any kind what" soever, showinig the nature, character and extent of these grants?"




The following list comprises the books of record and memoranda,of grants, which I found existing in the Government archives at
Monterey:
1. " 1828. Cuaderno del registro de los sitios, fierras, y sefiales que
posean los habitantes del territorio de la Nueva California."-(Book'of registration of the farms, brands, and marks [for marking cattle] pos~'sessed by the inhabitants of the territory of New California.)
This book contains information of the situation, boundaries, and appurtenances of several of the missions, as hereafter noticed; of two
pueblos, San; Josfe and Branciforte, and the records of about twenty.grants, made by various Spanish, Mexican, and local authorities, at
different times, between 1784 and 1825, and two dated in 1829.  This
book appears to have been arranged upon information obtained in an
endeavor of the Government to procure a registration of all the occupied
lands of the teiritory.
2. Book marked 1" Titulos."
This book contains records of grants, numbered from 1 to 10S, of
various dates, from 22d May, 1833, to 9th May, 1836, by the succesIsive governors, Figueroa, Jose Castro, Nicholas Gutierrez, and Mariano
Chico.  A part of these grants (probably all) are included in a file of
eex.pedientes of grants, hereafter described, marked from No. 1 to No.
-579; but the numibers in the book do not correspond with the numbers
of the same grants in the expedientes.
3. " Libro donde se asciertan los despachos de terrenos adjudicados
~en los aros de 1839 and 1940."-(Book denoting the concessions of
land adjudicated in the years 1839 and 1840.)
This book contains a brief entry, by the secretary of the department,
of grants, including their numbers, dates, names of the grantees and of
the grants, quantity glanted, and situation of the land, usually entered
in the book in the order they were conceded.  This book contains the
grants made fioom 1Sth January, 1839,. to Sth December, 1843, inclu-,sive.
4. A book similar to the above, and containinglike entries of grants
issued between 8th January, 1844, and 23d December, 1845.
5. File of expedientes of grants-that is, all the proceedings (ex-:cept of the Assembly) relating to the respective grants, securedl, those of
each grant in a separate parcel, and marked and labelled with its number and name.  This file is marked from No. 1 to No. 579 inclusive,.and embraces the space of tilne between 13th May, 1833, to July, 1846.
The nuinbetrs, however, bear little relation to the dates.  Some numibers are missing, of some there are duplicates-that is, two distinct
grants with the same number.  Tile expedientes are not all complete;
in some cases the final grant appears to have been refused; in others it
is wanting.  The collection, however, is evidently intended to represent estates which have been granted, and it is probable that in many,
or most instances, the omission apparent in the archives is supplied by.original; documents in the hands of the parties, or by long permitted
<occu}pation.




S
These embrace all the record books and files belonging to the territorial, or departmental, archives, which I was able to discover.
I am assured, however, by Mr. J. C. Fr6mont, that, according to
the best of his recollection, a book for the year 1846, corresponding tothose above noted, extending from 1839 to the end of 1845, existed in
the archives while he was Governor of California, and was with them
when he delivered them, in May, 1847, to the officer appointed by
General Kearny to receive them from him at Monterey.
II. "CCHIEFLY THE LARGE GRANTS, AS THE MISSIONS, AND WHECTHER THE TITLE TO THEM BE IN ASSIGNEES, OR WHETHER THEY'' HAVE REVERTED, AND VESTED IN THE SOVEREIGN?"
I took much pains, both in California and in Mexico, to assure myself of the situation. in a legal and proprietary point of view, of theformer great establishments known as the MISSIONS of California.'It
had been supposed that the lands they occupied weregrants, held as the
property of the church, or of the mission establishments as corporations.
Such, however, was not the case. All the missions in Upper California were established under the direction, and mainly at the expense, of'
the Government, and the missionaries there had never any other rights
than to the occupation and use of the lands for the purpose of the missions, and at the pleasure of the Government.' This is shown by the.
history and principles of their foundation, by the laws in relation to
thenm, by the constant practice of the Government toward them, and,,
in fact, by the ruiles of the Franciscan order, which forbid its members
to possess property.
The establishment of missions in remote provinces was a part of the,
colonial system of Spain., The Jesuits, by a license from the Viceroy
of New Spain, commenced in this manner the reduction of Lower California in the year 1697. They continued in the spiritual charge, and
in a considerable degree of the telnporal government, of that province
until 1767, when the royal decree abolishing the Jesuit order throughout New Spain was there enforced, and the missions taken out of their
hands. They had then founded fifteen missions, extending from Cape
St. Lucas, nearly to-the head of the sea of Cort6s. or Californian gulf..
Three of the establishments had been suppressed by order of the Viceroy: the remainder were now put in charge of the Franciscan monksof'the college of San Fernando, in Mexico, hence sometimes called
"'lZernandinos."  The prefect of that college, the Rev. Father Junipero Serra, proceeded in person to his new charge, and arrived, with a
number of monks, at Loreto, the capital of the peninsula, the following year, (1768.)  He was there, soon after, joined by Don Jose Galvez, inspector general (visitador) of New Spain, who brought an orderfrom the King, directing the founding of one or more settlements in:
Upper California. It was therefore agreed that Father Junipero should
extend the mission establishments into Upper California, under the
protection of presidios (armed posts) which the government would
establish at San Diego and Monterey. Two' expeditions, both accom



panied by missionaries, were consequently fitted out, one to proceed by
sea the other by land, to the new territory.  In June, 1769, they had
arrived, and in that month founded the first mission, about two leagues
from the port of San Diego. A presidio was established, at the same
time, near the port. The same year, a presidio was established at
Monterey, and a mission establishment begun. Subsequently, the
Dominican friars obtained leave from the King to take charge of a part
of the missions of California, w.hich led to an arrangement between the
two societies, whereby the missions of Lower California were committed to the Dominicans, and the entire field of the Upper Province remained to the Franciscans.  This arrangement was sanctioned by the
political authority, and continues to the present time. The new establishments flourished, and rapidly augmented their numbers, occupying
first the space between San Diego and Monterey, and subsequently extending to the northward. A report from the- Viceroy to the King,
dated at Mexico, 27th December, 1793, gives the following account of
the number, time of establishment, and locality of the Missions existing
in New. California at that time:
MISSIONS.            Situation.     WVhen founded.
1.' San Diego de Alcala:    lat. 320 42'   16th July,  1769.
2. San Carlos de Monterey,      36  33    3d June,    1170.
3. San Antonio de Padua,        36  34    14th July,   1771.
4. San Gabriel de los Ternblores, 34  10    Sth Sept.,  1771.
5. San Luis Obispo,             31  38    1set Sept.,   1772.
6. San Francisco, (Dolores,)   37  56    9th Oct.,   1776.
7. San Juan Capistrano,         33  30    1st Nov.,   1776.
8. Santa Clara,                 37  00    18th Jan.,  1777.
9. San Buenaventura,            34.36    31st March, 1782.
10. Santa Barbara,               34  28    4th Oct.,   1786.
11. Purisima Conception,         35  32    Sth Jan.,   1787.
12. Santa Cruz,                  36  58    28th Aug.,  1791.
13. La Soledad,                  36  38    9th Oct.,   1791.
At first, the missions nominally occupied the whole territory, except
the four small military posts of San Diego, Santa Barbara, Monterey,
and San Francisco; that is, the limits of one mission were said to cover
the intervening space to the limits of the next; and there wvere no other
occupants except the wild Indians, whose reduction and conversion
was the object of the establishments. The Indians, as fast as they
were reduced, were trained to labor in the missions, and lived either
within its walls, or in sinall villages near by, under the spiritual and
temporal direction of the priests, but the whole under the political control of the governor of the province, who decided contested questions of
right or policy, whether between different missions, between missions
and individuals, or concerning the Indians. Soon, however, grants of
land began to be made to individuals, especially to retired soldiers,
who received special favor in the distant colonies of Spain, and became
the settlers and founders of the country they had reduced and protected.




10
Somne settlers were also brought from the neighboring provinces of Sonora and Sinaloa, and the towns of San Jose, at the head of the Bay
of San Francisco, and of Los Angeles, eight leagues from  the port of
San Pedro, were early founded.  The governor exercised the privilege
of making concessions of large tracts, and the captains of the presidios were authorized to grant building lots, and small tracts for gardens and farms, within the distance of two leagues from the presidios.
By these means, the mission tracts began respectively to have something like known boundaries; though the lands they thus occupied
were still not viewed, in any light, as the property of the missionaries,
but as the domain of the crown, appropriated to the use of the missions
while the state of the country should require it, and at the pleasure of
the political authority.
It was the custom throughout New  Spain, (and other parts of the
Spanish colonies, also,) to secularize, or to subvert, the mission establishments, at the discretion of the ruling political functionary; and this
not as an act of arbitrary power, but in the exercise of an acknowledged
ownership and authority.  The great establishments of Sonora, I have
been told, were divided between white settlements and settlements of
the Indian pupils, or neophytes of the establishments.  In Texas, the
missions were broken up, the Indians were dispersed, and the lands
have been granted to white settlers.  In New Mexico, I anm led to, sup-,
pose, the Indian pupils of the missions, or their descendants, still, in
great part, occupy the old establishments; and other parts are occupied
by white settlers, in virtue of grants and sales.*  The undisputed ex.
ercise of this authority over all the mission establishments, and wlhatever property was pertinent to them, is certain.
The liability of the missions of Upper California, however, to be thus
dealt with, at the pleasure of the Government, does not rest only on the
argument to be drawn, fromn this constant and uniform practice.  It was
inherent in their foundation —a condition of their establishment.- A belief has prevailed, and it is so stated in all the works I have examined
which treat historically of the missions of that country, that the first act
which looked  to their secularization, and especially the first act by
which any authority was conferred on the local government for t hat
purpose, or over their temporalities, was an act of the Mexican Congress of 17th August, 1833. Such, however, was not the case. Their
secularization-their subversion-was looked for in their foundation;
and I do not perceive that the local authority (certainly not the supreme
authority) has ever been without that lawful jurisdiction over them,
* Since writing the above, I have learned from the Hon. Mr. Smith, Delegate from the
Terriitory of New Mexico, that the portion of each of the former mission establishments
which has been allotted to the Indians is one league square. They hold the land, as a
general rule, in community, and on condition of supporting a priest and maintaining
dlivine worship. This portion and these conditions are conformable to the principles of
the Spafiish laws concerning the allotments of Indian villages. Some interesting particulars of the foundation, progress, and plan of the missions of New Mexico are contained in
the report, or information, before quoted, of 1793, from the Viceroy to the King of Spain,
and in extracts from it given in the papers accompanying this Report.




11
unless subsequent to the colonization regulations of 21st November,
1828, which temporarily exempted mission lands from colonization. I
quote from a letter of" Instructions to the commandant of the new establishments of San Diego and Monterey," given by Viceroy Bucareli,
17th August, 1773:' Art. 15. When it shall happen that -a mission is to be formed into
a pueblo (or village) the commandant will proceed to reduce it to the civil
anid economical government, which, according to the laws, is observed
by other villages of this kingdom; then giving it a name, and declaring
for its patron the saint under whose memory and protection the mission
was founded."  (Cuando legue el caso de que haya de formarse en el
pueblo una mision, procederf6 el comandante'a reducirlo'al gobierno
civil y economico que observan, segun las leyes, los demas de este
reyno; poniendole nombre entonces, y declarandole por su titular el
santo bajo cuya Iemoria y venerable proteccion se fund6 la mision.)
The right, then, to remodel these establishments  at pleasure, and
convert them into towns and villages, subject to the known policy and
laws which governed settlements of that description,;  we see was a
principle of their-foundation.  Articles 7 and 10, of the same letter of
Instructions, show us also that it was a part of the plan of the missions
that their condition should be thus changed; that they were regarded
only as the nucleus and bases of communities to be thereafter emancipated, acquire proprietary rights, and administer their own affairs; and
that it was the duty of the governor to choose their sites, and direct the
construction and arrangement of their edifices, with a view to their convenient expansion into towns and cities.  And not only was this general revolution of the establislhments thus early contemplated and provided for, but mean time the governor had authority to reduce their possessions by grants within and without, and to change their condition by
detail.  The same series of instructions authorized the governor to
grant lands, either in community or individually, to the Indians of the
missions, in and about-their settlements on the mission lands; and also
to make grants to settlements of white persons.  The governor was
likewise authorized at an early day to make grants to soldiers who should
marry Indian women trained in the missions; and the first grant, (and
only one I found of record,) under this authorization, was of a tract
near the mission edifice of Carlmel,near Monterey.  The authorization
given to the captains of presidios to grant lands within two leagues of
their posts, expressly restrains them within that distance, so as to leave
the territory beyond-though all beyond was nominally attachedl to one
or other of the tissions —at the disposition of the superior guardians of
the royal property.  In brief, every fact, every act of government, and'* A revolution more than equal to the modern secularization, since the latter only necessarily implies the turning over of the temporal concerns of the mission to secular administration. Their conversion into pueblos' would take from the missions all. semblance in organization -to their originals, and include-the reduction of the missionary priests from the
heads of great establishments and administrators of large temporalities, to parish curates:
a change quite inconsistent with the existence in the priests- or the church of any proprietory interest or right over thei establishment.




12
principle of law applicable to the case, which I have met in this investigation, go to show that the missions of Upper California were never,
from  the first, reckoned other than government establishments, or the
founding of them to work any change in the ownership of the soil,
which continued in and at the disposal of the crown, or its representatives.
This position was also confirmed, if had it needed any confirmation,
by the opinions of high legal and official authorities in Mexico.  The
missions-speaking collectively of priests and pupils-had the usufruct;
the priests the administration of it; the whole resumable, or otherwise
disposable, at the will of the crown or its representatives.
The object of the missions was to aid in the settlement and pacification of the country, and to convert the natives to Christianity.  This
accomplished, settlements of white people established, and the Indians
domiciliated  in villages, so as to subject them  to the ordinary magistrates, and the spiritual care of the ordinary clergy, the missionary labor
was considered fulfilled;and the establishment subject to be dissolved or
removed. This view of their purposes and destiny fully appears in the
tenor of the decree of the Spanish Cortes, of 13th September, 1813.:
The provisions of that act, and the reason given for it, develope in fact
the whole theory of the mission establishmnents.  It was passed "in consequence of a complaint by the Bishop elect of Guiana of the evils that
afflicted that province, on account of the Indian settlements in charge
of missions not being delivered to the ecclesiastical ordinary, though
thirty, forty, and fifty years lhad passed since the reduction and conversion of the Indians."   The Cortes therefore decreed:
1. That all the new reducciones y doctrinas, (that is, settlements of
Indians newly converted, and not yet formed into parishes,) of the provinces beyond sea, which were in charge of missionary monks, and
had  been  ten years subjected, should be delivered immediately  to
the respective ecclesiastical ordinaries, (bishops) "without resort to any
excuse or pretext, conformably to the laws and cedulas in that respect."
2. That as well these missions, (doctrinas) as all others which
should be erected into curacies, should be canonically provided by the
said ordinaries, (observing the laws and. cedulas of the royal right of
patronage,) with fit ministers of the secular clergy.
3. That the missionary monks, relieved fiom  the converted settlements, which should be delivered to the ordinary, should apply themselves to the extension of religion in benefit of the inhabitants of other
wilderness parts, proceeding in the exercise of their missions conformably to the directions of paragraph 10, article 335, of the Constitution.t' "Collection of Decrees of the Spanish Cortes, reputed in force in Mexico." Mexico,
1829, p. 106.
f The following is the clause referred to, namely, paragraph 10, art. 335, Constitution
of the Spanish monarchy, 1812:
"The provincial councils of the provinces beyond sea shall attend to the order, economy, and progress of the missions for the conversion of infidel Indians, and to the prevention of abuses in that branch of administration. The commissioners of such missions
shall render their accounts to them, which accounts they'shall in their turn forward to the
government."
This clause of itself settles the character of these establishments, as a branch of the
public administration.




13
6. That the missionary monks should discontinue immediately the
government and administration  of the property of the Indians, who
should choose by means of their ayuntamientos, with intervention of
the superior political authority, persons among themselves competent
to administer it; the lands being distributed and  reduced  to private
ownership, in accordance with the decree of the 4th January, IS13,
on reducing vacant and other lands to private property."'It has also been supposed, that the act above alluded to of the Mexican Congress, (act of 17th August, 1833,) was the first assertion by
the Mexican government of property in the miassions, or that they by
that act first became (or came to  be considered,) national domain.
But this is likewise an error.  rThe Mexican government has always
rasserted the right of property over all the missions of the country, and
I do not think that the supposition has ever been raised in Mexico, that
they were the property of the missionaries or the Church.
The General Congress of Mexico, in a decree of 4th August, 1824,
concerning the public revenue, declares the estates of the inquisition, as
well as all temporalities, to be the property of the nation; (that is, no
doubt, in contradistinction  from  property of the States-naking  no
question of their being public property.)  This term  would include not
only the mission establishments, but all rents, profits, and income the
monks received firom  them.  A like actof 7th July, 1831, again embraces the estates of the inquisition and temporalities as national property, and places them  with'other rural and  suburban  estates," under
charge of a director general.  The executive regulations for colonizing
the territories, may raise an idea of territorial and native property in
them, but it puts out of the question any proprietary right in the missionaries.
The 17th article of these regulations, (executive regulations for colonization of the territories, adopted 21st November, 182S,) relates to
the missions, and directs that, "In those territories where there are missions, the lands which they occupy shall not at present be colonized,
nor until it be determined if they ought to be considered as property of
the settlements of the-neophyte.catechumens and Mexican settlers."
The su;bsequent acts and measures of the general government of
Mexico in direct reference to missionsand affecting those of California,
are briefly as follows:
" Collection of Decrees of the Spanish Cortes," &c., p. 56. This decree provides:
1. That "all the vacant or royal lands, and town reservations, (propios y arbitrios,
lands reserved in and about towns and cities for the municipal revenue,) both in the Peninsula and islands adjacent, and in the provinces beyond sea, except such commons as may
be necessary for the villages, shall be converted into private property; provided, that in regard to town reservations, some annual rents shall be reserved.
2. That " in whatever mode these lands were distributed, it should be in full and exclusive ownership, so that their owners may enclose them, (without prejudice of paths, crossings, watering-places, and servitudes,) to enjoy them freely and exclusively, and destine
them to such use or cultivation as they may be best adapted to; but without the owners
ever being able to entail them, or to transfer them, at any time or by any title, in mortmain."
3. In the transfer of these lands shall be preferred the inhabitants of the villages, (or
settlements,) in the neighborhood where they exist, and who enjoyed the same in common
whilst they were vacant."




14
A decree of the Mexican Congress of 20th November, 1833, in part
analogous to the decree before quoted of the Spanish Cortes of September, 1813, directing their general secularization, and containing these
provisions:
1. The government shall proceed to secularize the missions of Upper
and Lower California.
2. In each of said missions shall be established a parish, served by
a curate of the secular clergy, with a dotation of two thousand to two
thousand five hundred dollars, at the discretion of the government.
4.- The mission churches, with the sacred vessels and ornaments,
shall be devoted to the uses of the parish.
5. JFor each parish, the government shall direct the construction of-a
cemetery outside of the village.
7. Of the buildings belonging to each mission, the most fitting shall
be selected for the dwelling of the curate, with a lot of ground not exceeding two hundred varas square, and the others appropriated for a
municipal house and schools.
On the 2d December, 1833, a decree was publislhed to the following
effect:
Wr'phe government is authorized to take all measures that may assure
the colonization, and make effective the secularization of the missions
of Upper and L!ower California, being empowered to this effect, to use,
in the manner most expedient,thefincs de obras pias (property of the
piety fund,) of those territories, to aid the transportation of the conmmnission and families who are now in this capital destined thither.''
The commission and emigrants, spoken of in this circular', were a
colony under the charge of Don Jose Maria Hijar, who was sent out the
following spring, (of 1834,) as director of colonization, with instructions to the following effect: That he should "make beginning by occupying all the property pertinent to the missions of both Californias;"
that in the settlements to be formed, special care should be taken to include the indigenous (Indian) population, mixing them with the other
inhlabitants, and not permitting any settlement of Indians alone; that
topographical plans should be made of the squares which were to colnpose the villages, and in each square building lots be distributed to the
colonist families; that outside the villages there should be distributed to
each family of colonists, in full dominion and ownership, four caballerias* of irrigable land, or eight, if dependent on the seasons, or sixteen
if adapted to stock raising, and also live stock and agricultural implements; that this distribution lnade, (out of the moveable property of the
mission,) one-half the remainder of said property should be sold, and
the other half reserved on account of government, and applied to the
expenses of worship, maintenance of the missionaries, support of
schools, and the purchase of agricultural implements for gratuitous distribution to the colonists.
On the 16th April, 1834, the Mexican Congress passed an act to the
following effect:
* A caballeria of land is a rectangular paralelogram of 552 varas by 1,104 varas.




15
1. That all the missions in the Republic shall be secularized.
2. That the missions shall be converted into curacies, whose limits
shall be dernmarked by the governors of the States where said missions
exist.
3. This decree shall take effect within four months from the day of
its publication.
Tile 7th November, 1835, an act of the Mexican Congress directed,
that "' until the curates mentioned in the second article of the law of
17th August, 1833, (above quoted,) should take possession, the government should suspend the execution of the other articles, and maintain
things in the condition they were before said law."
I have, so far, referred to these various legislative and governmental
acts in relation to the missions, only to show, beyond equivocation or
doubt, the relation in which the government stood towarld theln, and
the rights of ownership which it exercised over them. My attention
was next'directed to the changes that had taken place in the condition
of those establishments, utnder the various provisions for their secularization and conversion into private property.
Under the act of the Spanish Cortes of September, 1813, all the mnissions in New Spain were liable to be secularized; that is, their tenmporalities delivered to lay administration; their character as missions
taken away by their conversion into parishes under charge of the secular
clergy  and the lands pertinent to them  to be disposed of as other
public domain.  The question of putting this law in operation with regard to the missions in California, was at various times agitated in that
province, and in 1830 the then Governor, Echandria, published a project for the purpose, but which was defeated by the arrival of a new
governor, Victoria, almost at the instant the plan was made public.
Victoria revoked the decree of his predecessor, and restored the missionaries to the charge of the establishments, and in their authority over
the Indians.
Subsequent to that time, and previous to the act of secularization of
August, 1833, nothing further to that end appears to have been done
in California. Under that act, tile first step taken by the Central Government, was the expedition of Hijar, above noticed.  But tile instructions delivered to hirm  were not fulfilled.  Hijar had been appointed
Governor of California, as well as Director of Colonization, with directions to relieve Governor Figueroa. After Hijar's departure from Mexico, however, a revolution in the Supretne Government induced Hiijar's
appointment as political governor to be revoked; and an express was
sent to California to announce this change, and with directions to
Figueroa to continue in the discharge of the governorship.  The courier arrived in advance of Hijar, who found himself on landing, (in
Septemtber, 1834,) deprived of the principal authority he had expected
to exercise.  Before consenting to cooperate with Hijar in the lattet's
instructions concerning the mnissions, Figueroa consulted the Territorial
Deputations. Thlat body protested against thedelivery of the vast property included in the mission estates-and to a settlenent in which the




16
Indian pupils had undoubtedly an equitable claim —into Hijar's possession, and contended that his authority in the matter of the missions, depended on his commission as Governor, which had been revoked, and
not on his appointment (unknown to the law) as I)irector of Colonization.  As a conclusion to the contestation which followed, the Governor
and Assembly suspended Hijar from the last mentioned appointment,
and returned him to Mexico.+
Figueroa, however, had already adopted (in August, 1834) a project of secularization, which he denominates a " Provisional Regulation."  It provided, that the missions should be converted partially into
pueblos or villages, with a distribution of lands and moveable property,
as follows: to each individual, head of a family, over twenty-five
years of age, a lot of ground, not exceeding four hundred nor less than
one hundred varas square, in the'common lands of the mission, with a
sufficient quantity in common for pasturage of the cattle of the village,
and also commons and lands for municipal uses; likewise, among the
same individuals, one-half of the live stock, grain, and agricultural implements of the mission; that.the remainder of thelands, immoveable
property, stock, and other effects, should be in charge of mayordomos
or other persons V ppointed by the governor, subject to confirmation by
the General Government; that from this common mass should be provided the maintenance of the priest, and expenses of religious service,
and the temporal expenses of the mission; that the minister should
choose a place in the mission for his dwelling; that the emancipated
Indians should unite in commuon labors for the cultivation of the vineyards, gardens, and field lands, which should remain undivided until
the determination of the Supreme Government; that the tlonees, uinder the regulation, should not sell, burthen, or transfer, their grants,
either of land or-cattle, under any pretext; and any contracts to this effect
should be null, the property reverting to the nation, the purchaser losing
his money; that lands, the donee of which might die without leaving
heirs, should revert to the nation; that rancherias (hamlets of Indians)
situated at a distance fiom  the missions, and which exceeded twentyfive families, might form separate pueblos, under the samne rules as the
principal one.  This regulation was to begin with teit of the missions
(without specifying them) and successively be applied to the rermaining ones.
The Deputation, in session of tie 3d of November of the same year
(1834,) made provision for dividing the missions and other settlements
into parishes or curacies, according to the law of August, 1833; authorized the missionary priests to exercise the functions of curates, until
curates of the secular clergy should arrive, and provided for their salaries and expenses of worship.  No change was made, in this act, in the
regulations established by Gov. Figueroa, for the distribution and man.
agement of the property.
*Manifiesto i la Republica Mejicana, que hace el General Jose Figueroa, comandante
general y gefe politico de la Alta California. Monterey, 1835.




17
Accordingly, for most or all of the missions, administrators were appointed by the governor; and in some, but not all, partial distributions
of the lands and moveablle property were made, according to the tenor
of the regulation.  From this time, however, all tracts of lands pertinent to the missions, but not directly attached to the mission buildings,
were granted, as any other lands of the territory, to the Mexican inhabitants, and to colonists, for stock farms and tillage.
The act of the Mexican Congress of 1835, directing the execution of
the decree of 1833 to be suspended until the arrival of curates, did not,
as far as I could ascertain, induce any change in the policy already
adopted by tile territorial authorities.
On the 17th January, 1839, Governor Alvarado issued regulations
for the government of the administrators of the missions.  These regulations prohibited the administrators fiom contracting debts on account of the missions; fiom slaughtering cattle of the missions, except
for consumption, and from trading the mission horses or mules for clothing for the Indians; and likewise provided for the appointment of an inspector of the missions, to supervise the accounts of the administrators,
and their fulfilment of their trusts. Art. 11 prohibited the settlement
of white persons in the establishments, " whilst the Indians should remain in community."  The establishments of San Carlos, San Juan
Bautista and Sonomna were excepted from these regulations, and to be
governed by special rules.
On the first of March, 1840, the same Governor Alvarado suppressed
the office of administrators, and replaced theim by mayordomos, with
new and more stringent rules for the management of the establishments;
but not making any change in the rules of Governor Figueroa, regarding the lands or other property.
By a proclamation of the 29th of March, 1843, Governor Micheltorrena, ( in pursuance (as he states) of an.arrangement between the
Governor and the prelate- of the missions," directed the following
named missions to be restored to the' priests "as tutors to the Indians,
and in the same manner as they formerly held them," namely: the
missions of San Diego, San Luis Rey, San Juan Capistrano, San Gabriel, San Fernando, San Buenaventura, Santa Barbara, Santa Ynes,
La Purisima, San Antonio, Santa Clara, and San Jose.  The same
act set forth, that, " as policy made irrevocable what was already
done," the missions should not reclaim  any lands thitherto granted;
but should collect the cattle and moveable property which had been
lent out either by the priests or administrators, and settle in a friendly
way with the creditors; and likewise regather the dispersed Indians,
except such as had been legally emancipated, or were at private service.
That the priests might provide out of the products of the missions for
the necessary expenses of converting, subsisting, and clothing the Indians, for a moderate allowance to themselves, economical salaries to
the mayordomos, and the maintenance of Divine worship; under the
condition, that the priests should bind themselves in honor and con2 




18
-science to deliver to the public treasury one-eighth part of all the annual products of the establishments.  That the Departmental government wouldl exert all its power for the protection of the missions, and
-tthe samne in respect to individuals, and to private property, securing to
-the owners the possession and pteservation of the lands they now hold,
but promisting niot to make any new grants without consultation with,the priests, unless where the lands were notoriously unoccupied, or:lacked cultivation, or in case: of necessity.
Micheltorrena's governorship was shortly after concluded.  There
had been sent into the Department with him  a considerable body of
persons, called presidarios, that is. criminals condemned to serviceusually, as in this case, military service on the frontier-and their presence and conduct gave such offence to the inhabitants, that they revolted, and expelled him  and the presidarios from the country.  He
wassucceeded by Don Pio Pieco, in virtue of his being the "first vocal " o0f
the Departmental Assembly, and also by choice of the inhabitants, afterward  confirled Iby the central government, which, at the same
time, gave additional privileges to the Departtnent, in respect to the
management of its domestic affairs.
The next public act, which I find, in relation to the missions, is an
act of the Departmental Assembly, published in a proclamation of
Governor Pico, 5th June, 1S45.  This act provides: 1. That the governor should call together the neophytes of the following named missions: San Rafael, Dolores, Soledad, San Miguel, and La Purisirna;
and in case those missions were abandoned by their neophytes, that
he should give them -one month's notice, by proclamation, to return
and cultivate said missions, which if they did not do, the missions
should be declared abandoned, and the assembly and governor dispose
of them for the good of the Department. 2. That the missions of Carmrel, San Juan Bautista,, San Juan Capistrano, and' San Francisco Solano, should be considered asjpueblos, or villages, which was their pre-:sent condition; and that the property which remained to them, the
governor, after separating sufficient for the curate's house, for churches
and their pertinencies, and for a municipal:house, should sell at public
auction:; -the prod uct to be applied, first to paying the debts of the establishtlments, and the remainderi, if any, to the be'nefit of -divine worship.
3.% - Thlat th;e remainder of the missions to San I)iego, inclusive, should
be rented, at the.discretion of the governor, with the proviso, that the.neopThy t~e sholuqd be; at liberty to'emiploy thetnselves at their option on
their' own- g, owainds, which the governor:should designate for tthem, in
the- servilce of the rentee, or of any other person,.  4. That the principal:edifice'oft t:he mission of Santa Barbara- should be excepted from
the proposed rentingj and in it the goveraor should designate the parts
most: suitable for tlhle: residence of,the bishop:and his attendants, and.of thee missio'nary priests then living there;  mrbeover, that the rents
* According to act of the Mexican Congress of 6th of May, 1822, to provide for supplying the place of provincial gorernors, in default of an incumbent.




19
arising fiom  the remainder of the property of said mission should be
disbursed, one-half for the benefit of the church and its ministry, the
-other for that of its Indians.  5. That the rents arising from the other
missions should be divided, one-third to the maintenance of tile minis-ter, one-third to the Indians, one-third to the government.
On the 28th October, of the same year, (1845,) Governor Pico gave
public notice for the sale, to the highest bidder, of five missions, to wit:'
San Rafael, Dolores, Soledad, San Miguel, and La Purisima; likewise, for the sale of the remaining buildings in the pueblos (formerly
missions) of San Luis Obispo, (Carmel, San Juan Bautista, and San
Juan Capistrano, after separating tile churches and their appurtenances, annd a curate's, municipal, and school houses.  The atuctions
were appointed to take place, those of San Luis Obispo, Purisima,,and San Juan Capistrano, the first four days of December following,;(1845;) those of San Rafael, Dolores, San Juan Bautista, Carmel,
Soledadt,l and San Miguel, the 23d and 24th of January, 1846.; meanwhile, the government would receive and take into consideration pro-'posals in relation to said missions.
In the same proclamation, Pico proposed to rent to the best, bidder,
for a period of nine years, arid under conditions for the return of the
property in good order and without waste, the missionsof San Fernan-,do, San Bi]uenaventura, Santa Barbara, and Santa Ynes; the rentings
to include all the lands, stock, agricultural tools, vineyards, gardens,
offices, and whatever, in virtue of the inventories, should be appurtenant to said missions, with "the exception only of those small pieces of'ground which have always been occupied by some Indians of the
"missions;'" likewise to include the buildings, saving the churches and
their appurtenances, and the curate's, municipal and school horlses,
and except in the mission of Santa Barbara, where the whole of the
principal edifice should be reserved for the bishop and the priests residing there.  Tile renting of the missions of San Diego, San Luis Rey,.San Gabriel, San Antonio, Santa Clara, and San Jos6, it was further
_announced, should take place as soon as some arrangement was made
concerning their debts. It was also provided that the neophytes should
be free firom their pupilage, and might establish themselves en convenient parts of the missions, with liberty to serve the rentee, or any other 
person; that the Indians who possessed pieces; of. land, in which they
had made their houses and gardens, should apply to the government
for titles, in. order that their lands might be adjudicated to them in ownership; "'it being understood that they-would not have power to sell
their:lands, but that they should descend by inheritance."
On the 30th March, 1846, the Assembly passed an act1. Authorizing the governor, in order to make effective the object. of
the decree of 28th May previous, to operate, as he should believe
most expedient, to prevent the total ruin of the missions of San Gabriel,
San Luis Rey, San l)iego, and others found in like circumstances.;2. Th-at as: the remains of said establishments had large debts against
them, if the:existing property was not sufficient to:cover the same, they




20
might be put into bankruptcy.  3. That if, from this authorizationr
the governor, in order to avoid the destruction'to which the said missions were approaching, should determine to'sell them to private persons, the sale should be by public auction.  4. That when sold, if,
after the debts were satisfied, there should be any remainder, it should
be distributed to the Indians of the respective establishment.  5. That,
in view of the expenses necessary in the maintenance of the priest, and
of Divine worship, the governor might determine a portion of the
whole property, whether of cultivable lands, houses, or of any other description, according to his discretion, and by consultation with the respective priests.  6. The property thus determined, should be delivered
as by sale,-but subject to a perpetual interest of four per cent. for the
uses above indicated.  7. That the present act should not affect any
thing already done or contracts made in pursuance of the decree of 28th;
May last, nor prevent any thing being done conformable to that decree. 8.
That the governor should provide against all impediments that might
not be foreseen by the act, and in six months, at farthest, give an account to the Assembly of the results of its fulfilment.
Previous to several of the-last mentioned acts, that is, on the 24th
August, 1844, the Departmental Assembly, in anticipation of a war
breaking out, passed a law authorizing the governor, on the happening
of that contingency, either " to sell, hypothecate, or rent, the houses,
landed property, and field lands, of the missions, comprehended in the
whole extent of the country from San Diego to Sonoma," except that
of Santa Barbara, " reserved for the residence of the bishop."
These comprise all the general acts of the authorities of California
which i was able to meet with, on the subject of the missions.  Of the
extent or manner, in which they were carried into execution, so far as
the missions proper-that is, the mission buildings and lands appurtenant
- are concerned, but little information -is afforded by what I could find
in the archives. A very considerable part, however, of the grants made
since the act of secularization of 1833, (comprising the bulk of all the
grants in the country,) are of lands previously recognised as appurtenances
of the missions, and so used as grazing farms, or for other purposes. In
some cases, the petitions for such grants, were referred to the principal
priest at the mission to which the land petitioned for was attached, and his
opinion taken whether the grant could be made without prejudice to
the mission.  In other cases, and generally, this formality was not
observed. This remark relates to the farms and grazing grounds,(ranchos) occupied by the missions apart from the lands around the
mission buildings. There are, however, some grants in the immediate
precincts of the missions, and some titles to Indians, pursuant to the
regulation of Governor Figueroa, and the proclamation of Governor
Pico, of record in the file of expedientes of grants before noticed.
What I have been able to gather from the meagre records and memoranda in the archives, and from private information and examination,
of the actual state of the missions, is given below. It is necessary to
explain, however, still farther than I have, that in speaking of the mis



21
sions now, we cannot understand the great establishments which they
wvere.  Since 1833, and even before, farms of great (many leagues)
extent, and many of them, have reduced the limits they enjoyed, in all
cases very greatly, and in some instances into a narrow  compass; and
while their borders have been thus cut off, their planting and other grounds
inside are dotted to a greater or less extent by private grants.' The
extent to which this has been the case, can only be ascertained by the
samne process that is necessary every where in California, to separate
public from  private lands -namely, authorized surveys of the grants, according to their calls, which though not definite, will almost always
furnish some distinguishable natural object to guide tile surveyor.*
The actual condition of the establishments, understanding them in the
reduced sense above shown, was, at the time the Mexican government
ceased in California, and according to the best information I could ob-,tain, as follows:
Missions.        Where
situated.
San Diego,   -      - 32~ 48' Sold to Santiago Arguello, 8 June, 1846.
San Luis Rey, -     - 330 03'  Sold to Antonio Cot and Andres Pico, 13 May, 1846.
"San Jual Capistrano, - 33~ 26' Pueblo, and remaindersold to John Foster and James
McKinley, 6 December, 1845.
San Gabriel,  -     - 340 10'  Sold to Julian Workman and Hugo Reid, 18 June,
1846.
San Fernando, -     - 340 16' Rented to Andres Pico, for nine years, from December, 1845, and sold to Juan Celis, June, 1846.
San Buenaventura,   - 340 36'- Sold to Joseph Arnaz.
Santa Barbara,   -    340~ 40  Rented for nine years, from 8 June, 1846, to Nicholas
Den.
Santa Ynes,         - 340 52'  Rented to Joaquin Carillo.
La Purisima, -      - 350~ 00'  Sold to John Temple, 6 December, 1845.
San Luis Obispo,    - 350 36'  Pueblo.'San Miguel,     -  - 350 48'- Uncertain.
San Antonio, -   -   360 30' Vacant.
Soledad,     -      - 360 38'  House and garden sold to Sobranes, 4 Jan., 1846.
-Carmel,     -      - 360 44'  Pueblo.
San Juan Bautista,   - 36~ 58'  Pueblo.
Santa Cruz,  -      - 370 00' Vacant.
Santa Clara,  -     - 370 20' In charge of priest.
San Jose,    -      - 370 30'  In charge of priest.
Dolores,     -      - 370 58'  Pueblo.
-San Rafael,        - 380 00'  Mission in charge of priest.
San Francisco Solano, - 38~ 30'  Mission in charge of priest.
The information above given concerning the condition of the missions, at the time of the cessation of the former Government, is partly
obtained  from  documents in the archives, and  partly  from  private
sources.  What is to be traced  in the archives is on loose sheets of
paper, liable to be lost; and parts quite likely have been lost; there may
also be some papers concerning them  which, in the mass of documents,
escaped my examination.  I have no doubt, however, of the exactness
of the statement above given, as far as it goes.
*I was told by Major J. R. Snyder, the gentleman appointed territorial surveyor by
Col., Mason, and who made surveys of a number of grants in the central part of the counetry, that he had little difficulty in following the calls, and ascertaining the bounds of the
grants.




22
It will be seen, then, that the missions-the principal part of their
lands cut off by private grants, but still, no doubt, each embracing a considerable tract-perhaps firom one to ten leagues-have, some of theme,.
been sold or granted under the former Government, and become private
property; some converted into villages, and consequently granted in the
usual form in lots-to individuals and heads of families; a part are in the
hands of rentees, and at the disposal of the Government. when these
contracts expire; and the remainder at its present disposal.
If it were-within my province to suggest what would be an equitable
disposition of such of the missions as'reiiain the property of the Government, I should say, that the cllurclles, with all the cllurch property and,
ornaments; a portion of the principal building, for the residence of the,
priest, with a piece of land equal to that designated in the original act
of the Mexican Congress for their secularization, (to wit, two hundred
varas square,) with another piece for a cemetery, should be granted to,
the respective Catholic parishes, for the uses specified; and the remainder of the buildings, Wxith portions of land attached, for schools and
municipal or county purposes; and for the residence of the bishop, the
same allotment at the mission of Santa Barbara that was made in the
last proclamation of Governor Pico.  The churches, certainly, ought
not to be appropriated to any other use; and less than I have suggested
would, I think, be less than equity and justice, and less than the inhabitants have always considered and enjoyed as their right.
To conclude the inquiry in the last portion of your letter of instructiotns, namely, concerning " large grants," other than the supposed
ecclesiastical grants.
I did not find in the archives of California any record of large grants,
in the sense I suppose the term to be here used.  There are a number
of grants to the full extent of the privilege accorded by law to individual
concessions, and of the authority of the local government to make, independent of the Central Governmlent-to wit, of eleven sitios, or
leagues square.
There are understood, in the country, however, to be large claims,
reputed to be founded on grants direct from the Mexican Governmentone held by Captain Sutter; another.by General Vallejo. The archives:
(as far as I could discover) only show that Captain Sutter received, on
the 18th July, 1841, from Governor Alverado, the usual grant of eleven,
sitios, on the river Sacramento, and this is all I ascertained.  The archives likewise show than Gen. Vallejo received from Governor Micheltorrena, on the 22d October, 1823, a grant of ten sitios, called " Petaluma," in the district of Sonoma; and I was informed by a respectablegentleman in California, that Gen. V. had likewise a grant, from theMexican Government, given for a valuable consideration, of a large
tract, known by the name of " Soscol," and including the site of thepresent town of Benicia, founded by Messrs. Vallejo and Semple, in.
the straits of Carquinez.  It is also reputed that the same gentleman
has extensive claims in the valley of Sonoma, and on Suisun bay.  It
appears from documents which Gen. Vallejo caused to be published in,




23
the newspapers of California in 1847, that he was deputed, in the year
1835, by Gen. Figueroa, to found a settlement in the valley of Sonoma, "I with the object of arresting the progress of the Russian settlements
of B1odega and Ross."  Gen. Vallejo was at that time (1835) military
commander of the northern frontier. He afterwards, (in 1836,) by
virtue of a revolution which occurred in that year in California, became
military commandant of thle department-the civil and military government being by the saine act divided  -to  hich  office he was confirmed in 1838 by the Supreme Government.
The following extract from Gov. Figueroa's instructions to him, will
show the extent of Gen. Vallejo's powers, as agent for colonizing the
north-:
"t You are empowered to solicit families in all the territory and other
States of the Mexican Republic, in order to colonize the northern frontiers, granting lands to all persons who may wish to establish themselves
there, and those grants shall be confirmed to them  by the Territorial
Government, whenever ithe grantees shall apply therefor; the title which
they obtain firom you serving them in the mean lime as a sufficient
guarantee, as you are the only individual authorized by the superior
authority to concede lands in the frontier under your charge. The
Supreme Government of the territory is convinced that you are the only
officer to whom so great an enterprize can be entrusted; and in order that
it may be accomplished in a certain manner, it is willing to defray the
necessary expenses to that end."
An official letter to Gen. Vallejo fiom the Department of War and
Marine, dated at Mexico, 5th August, 1839, expresses approbation of
what had thitherto been done in establishing the colony, and the desire
that the settlements should continue to increase "'until they should be
so strong as to be respected not only by the Indian tribes, but also by
the establishments of the foreigners who should attempt to invade that
valuable region."
I did not find any trace of these docutnents, or of any thing concerning Gen. Vallejo's appointment or operations, in the government archives. But there is no ieason to doubt the genuineness of the papers.
They do-not, however, convey any title to lands, beyond authority to
grant, during the time his appointment continued, to actual colonizers.
The appointment of Gen. V. seems to have been made by direction of
the Supreme (National) Government.  I had no means of ascertaining
how long the appointment "lasted, nor to what extent its' powers were
used; but infer from Vallejo himself taking a grant of his rancho of Peteluma, in 1843, that his own authority, in that respect, had then
ceased. As there are other grants, also, of considerable extent, in the
same neighborhood, embraced in the:government archives, I apprehend
that most, if not all, of the grants Inade by him, exclusive of what
may be embraced in- the town privileges of Sonomna, (and which
will be noticed hereafter,) were confirmed, or re-granted to the parties,
by the departmental governiment.  In tlis view, however, I may be
mistaken. And I desire to be distinctly understood as not intending to




24
throw any doubt or discredit on the titles or claims of either of the gentlemen I have mentioned. I had no opportunity of inspecting any
grants they may possess, beyond what I have stated; and I imagine
their lands can only be separated from the domain by the process universally requisite-the registration of outstanding grants, and their
survey.
III. " GRANTS OF ISLANDS, KEYS, AND PROMONTORIES, POINTS.OF IMPORTANCE TO THE PUBLIC," &C.
The only points of special public importance which I learned were
granted prior to the cessation of the former government, are the site of
the old fort of San Joaquin, near the outlet of the bay of San Francisco, and Alcatras (or Bird,) Island,commanding its entrance: the Key
to the Golden Gates. The date of the first named grant is 25th June,
1846; it was made to Benilo Diaz, and by him transferred to Mr. T.
0. Larkin, of Monterey. I understand a portion of the land embraced
in the grant is in occupation of the United States troops, or has property of the United States upon it, and a part in possession of Mr. Larkin.
Alcatras island was granted in June, 1846, to Mr. Francis P. Termple, of Los Angeles. T'hei indispensableness of this point to the governmlent, both for the purpose of fortification, and as a proper position
for a light-house, induced Lt. Col. Fr6mont, when governor of California, to contract for the purchase of it on behalf of the United States.
The government, it is believed, has never confirmed the purchase, or
paid the consideration. This island is a solid rock, of about half a mile
in circumference, rising out of the sea just in front of the inner extremity of the throat or narrows, which forms the entrance to the bay,
and perfectly cotnnands both front and sides.  It is also in the line of
the sailing directions for entering the bay,+ and consequently a lighthouse upon it is indispensable.
The local government had special authority and instructions from the
general government, under date of 12th July, 1S38, to grant and distribute lands in "the desert islands adjacent to that department."
Whether the grants "p urport to be inchoate or perfect?"  The
grants made in that department under the Mexican law, all, I believe,
purport to be perfect, except in the respect of requiring "confirmation
by the departmental assembly."  The difficulties of determining what
grants have not received this confirmation have been above explained.
IV. c'IF THERE BE ANY ALLEGED GRANTS OF L[ANDS COVERING A
PORTION OF THE GOLD MINES, AND WHETHER IN ALL GRANTS IN GENERAL [UNDER THE MEXICAN GOVERNMENT,] OR IN CALIFORNIA IN
PARTICULAR, THERE ARE NOT CONDITIONS AND LIMITATIONS, AND
WHETHER THERE IS NOT A RESERVATION OF MINES OF GOLD AND
SILVER, AND A SIMIL1R RESERVATION AS TO QUICKSILVER AN-D OTHER
MINERALS?"
There is but one grant that I could learn of, which covers any por-' Beechy's Narrative of a Voyage to the Pacific: London, 1831: Appendix, p. 562.




25
tion of the gold mines. Previous to the occupation of the country by
the Americans, the parts now known as The Gold Region, were infested with the wild Indians, and no attempts made to settle there. The
grant that I refer to, was made by Governor Micheltorrena, to Don
Juan B. Alvarado, in February, 1844, and is called the Mariposas,
being situated on the Mariposas creek, and between the Sierra Nevada and the river Joaquin, and comprises ten sitios, or leagues
square, conceded, as the grant expresses, "in consideration of the public services" of the grantee. It was purchased from the grantee (Alvarado,) in-February, 1847, by Thomas 0. Larkin,esq., for Mr. J. C.
Fr6mont, and is now owned by that gentleman.
The only "conditions or7 limitationzs" contained in the grants in
California, which could affect the validity of the title, are, that in the
grants made by some of the governors, a period of time (one year,) was
fixed, within which the grantee should commence improvements on the
grant.  In case of failure, however, the grant was not thereby void.but
open to denouncement by other persons. This limitation was not contained in such of the- grants made in the time of Micheltorrena, as I
have examined, nor is it prescribed.in the law. No doubt, however,
the condition was fulfilled in most instances where it was inserted, unless in a few cases where the lands conceded were in parts of the country infested by the wild Indians,anfd its fulfilment consequently impossible. In fact, as far as I understood, it was more customary to occupy the land in anticipation of the grant. The grants were generally for
actual (immediate) occupation and use.
I cannot find in the Mexican laws or regulations for colonization, or
for the granting of lands, any thing that looks to a reservation of the
mines of gold, or silver, qtuicksilver, or other metal or mineral; and
there is not any such thing expressed in any of the many grants that
came under mny inspection. I inquired and examined, also, while in
Mexico, to this point, and could not learn that such reservations were
the practice, either in general, or in California in particular.
V. " IN ALL LARGE GRANTS; OR GRANTS OF IMPORTANT OR VALU-'C ABLE SITES, OR OF MINES, WHETHER OR NOT THEY WERE SURVEY" ED AND OCCUPIED UNDER THE GOVERNMENT OF SPAIN OR MEXICO,' AND WHEN PUBLICITY WAS FIRST GIVEN TO SUCH GRANTS?
The first part of this inquiry is already answered, in the statement
that, as far 1 am aware, there were never any surveys made in the
country, during its occupation by either of the former governments.
Most of the grants, however, were occupied before, or shortly after they
were made, and all, as far as I- atm informed, except where the hostile
Indian occupation prevented. In respect of the grants to which I have
made any reference, I did not learn that-there had been any delay in
giving publicity to them.
Having met, sir, as far as in my power, the several inquiries set forth
in the letter of instructions you were pleased to honor me with, my at



26
tention was turned, as far as they were not already answered, to the
more detailed points-of examination fiurnished me, with your approbation, by the Commissioner of Public Lands.  The very minute information contemplated by those instructions, it. would have been impossible, as you justly anticipated, to obtain in the brief time proposed for
my absence, even had it been accessible in systematic archives and\records.  My examination, moreover, was sufficient to show  me that
such minute and exact information, on many of the. various heads proposed, is not attainable at all; and that the only mode of approximating it must be through such measures as will produce a general
registration of written titles, and verbal proof of possession where written
titles are wantinig, followed or accompanied by a general su:vey.  By
such mneans only can an approxinwation be made to the minute inforiation sought, of the character, extent, position, and date, particularly
of the old grants in California.
The first branch of the inquiries proposed by the instructions from
the Land Office. ielate to " Grants or claims derived fiorn the Government of SVpain."
The chief local authority to grant lands in the province of California was, ex offcio, the military commandant, who was likewise governor of the province; and the principal recipients of grants, officers and
soldiers as they retired from  service.  The grants to the soldiers were
principally of lots in and about the presidios (military posts) or the,ueblos (villages); to the officers, farms and grazing lands, in addition
to such lots.
Tl ere were also, at different times, settlers brought from Sonora, and
other provinces of New Spain, (single mten and families,) and grants
made to them; usually of village lots, and to the principal men,
ranuhos in addition.  The first settlement at San Francisco was thus
made; that is, settlers accompanied the expeditions thither, and combined with the military post. The pueblos of San Jose and Los Angeles were thus formed.  The governor made grants to the retired officers, under the general colonization laws of Spain, but, as in all the remote provinces, much at his own discretion.  He had likewise special
authority to encourage the population of the country, by making grants
of farming lots to soldiers who should marry the native women bred at
the missions. The captains of the presidios were likewise authorized
to make grants within the distance of two leagues, measuring to the
cardinal points, fiom their respective posts. Hence, the presidios'became, in fact, villages. The Viceroy of New Spain had also of course
authority to make grants in California, and sometimes exercised it. It
was pursuant to his order that presidios, missions, and pueblos were
severally established, and the places for them indicated by the local
authority. Under all these authorities, grants were made; strictness of
written law required that they should have been made by exact measurements, with written titles, and a record of them kept. In the rude
and -uncultivated state of the country that then existed, and lands possessing so little value, these formalities were to a great extent disregard



27
ed; and if not then altogether disregarded, the evidence of their observance in many cases now lost. It is certain, that the measurements even
of the grants of village lots. were very unexact and imperfect; and of
larger tracts, such as were granted to the principal men, no rmeasurement at all attempted, and even the quantity not always expressed, the
sole description often being by a name, descriptive, in fact or by repute,
of the place granted.- The law of custom, with the acquiescence of
the highest authorities, overcame, in these respects, the written law..
Written permits and grants were no doubt usually given, but if any
systetnatic records or melmoranda of them were kept, they have now
disappeared, or I was not able to meet-with them.  In some cases, but
not in all, the originals no doubt still exist, in the possession of the
descendants of the grantees; indeed, I have been assured there are
many old written titles in the country, of which the archives do not
contain any trace.  But, in other cases, no doubt, the titles rested originally only on verbalpermits.  It was very customary, in the Spanishk
colonies, for the principal neighborhood authorities to give pernmission
to occupy and cultivate lands, with the understanding that the party inlterested would afterward at a convenient occasion obtain his grant froma:
the functionary above.  Under these circumstances, the grallt was seldom refused, but the application for it was very often neglected; the
title by permission being entirely good for the purposes of occupation
and use, and never questioned by the neighbors.  All these titles,
whatever their original character, have been respected &during the twenty-six or twenty-seven yeais of Mexican and local government.  And
whether evidenced now or ever by any written title, they constitute as
meritorious and just'clailns as property is held by in any part of the
world.  They wvere, in the first place, the meagre rewards for expatriation, and arduous and hazardous public service in a remote and savage
country; they are now the inheritance of the descendants of the first
settlers of the country, and who redeemed it from  (almost the lowest
stage of) barbarism.  Abstractly considered, there cannot be any higher
title to the soil.
Many of the holders of old grants have taken the precaution to have
them renewed, with a designation of boutndary and quantity, under the
forlms of the Mexican law; and of these the proper record exists in the
archives. To what extent old titles have been thus renewed, could not
be ascertained, for the reason that there is no record of the old titles by
which to make the comparison.
The principal difficulty that must attend the separation of the old
grants from  the public lands, or rather, to ascertain what is public
domain and what private property, in the parts where those old grants
are situate, is in the loose designation of their limits and extent.  The
only way that presents itself of avoiding this difficulty, and of doing
justice both to the claimant and the government, would seem to be in
receiving, with respect ito the old grants, verbal testimony of occupation and of commonly reputed boundaries, and thereby, with due consideration of the-laws and principles on which the grants were made, governing the surveys.




28
The military commandant or governor had authority, by virtue of
his office,.to make grants. He had, also, special authority and direction
to do so, in a letter of instructions from the Viceroy, 17th August,
1773, and entitled "Instructions to be observed by the commandant
appointed to the neDw establishments of San Diego and Monterey."
These instructions authorized (as already noticed) the allotment of lands
to Indians, either in community or individually; but it is to be understood only of Indians who should be in charge of the missions, and of
the parcels of land within the mission settlements. Article 13 gave the
commandant"'equal authority, likewise, to distribute lands to other settlers, according to their merit, and conformably to the compilations of
laws concerning new conquests and settlements." That is, according
to the compilation of the "Laws of the Indias," which we know
make certain provisions of the most liberal character for the founding
and encouragement of new populations.
Subsequently, without abrogating the general colonial laws, a special
Regulation was adopted, with the royal assent, for the government of
the Californias, and making special provision for the settlement of that
province, and the encouragement of colonizers.  This regulation
was drawn in Monterey, by Governor Don Felipe Neve, in 1779,
and confirmed by a Royal Cedula of 14th October, 1781.  Its character and objects are shown in its title-, namely: "Rules and directions for the Presidios of the Peninsula of Californias, erection of
new Missions, and encouragement of the Population, and extension of
the establishments of Monterey."  The first thirteen articles relate to
the presidios and military.  Title fourteen relates to the " Political
Government and directions for Peopling."   After providing liberal
bonuses to, new settlers, in respect of nmoney, cattle, and exemptions
from various duties and burthens, this Regulation prescribes: That the
solares (house lots) which shall be granted to the new settlers, shall be
designated by the governor, in the places, and with the extent that the
tract chosen for the new settlement will allow, and in such manner
that they shall form a square, with streets, conformably to the laws of
the kingdom; and by the same rule shall be designated common lands
for the pueblos, with pasturage and fields for municipal purposes (propios.) That each suerte (out-lot,) both of irrigable and unirrigable
land, shall be two hundred varas square; and of these suertes, four (two
watered and two dry) shall be given, with the solar, or house lot, in
the name of the king, to each settler.
These rules relate to the formation of villages and farming settlements, and are exclusive of the extensive ranchos-farms and grazing
lands-allotted to persons of larger claims or means; sometimes direct
from the viceroy, usually by the local governor.
The acts of the Spanish Cortes, in 1813, heretofore quoted, may also
be referred to as a part of the authority under which grants might be
made in California, during the continuance of the Spanish government,
and prior to the colonization laws of Mexico, and afterwards, indeed,
as far as not superceded by those laws.




29
The second point of inquiry in tile inslructions furnished me from
the Land Office, relating to grants made tinder the Me'ical Government, is already inet in most respects, as far as was in my power to
meet it,, in the early part of this report. The " authority of the granting officers, and their powers for alienating the national domain,'
were derived from appointment by the Central Government, and from
the general colonization laws and regulations of the Republic. There
is little room for discrimination "between such as are perfect titles, and
such as are inceptive or inchoate." A grant by the territorial (or departmental) governors Within the extent of eleven sitios, constituted a
valid title, and with the approbation of the departmental assembly, a
perfect one. After the governor's concession, however, it could not
with propriety be termed terely inceptive; for, in fact,it was complete
until the legislature should rqfuse its approbation, and then it would be
the duty of the governor to appeal for the claimant to the Supreme
Government. I am  not aware that a case of this kind arose.  The
difficulties, already explained, of ascertaining to what grants the legislative approbation was accorded, and from  what it was withheld; the
impossibility, in fact, of ascertaining in many cases, coupled with the
fact that that approbation was so seldom refused, and that the party had
still an appeal in case of refusal, would seem to render that provision of
the law of those grants nugatory as a test of their merits.
The third inquiry, touching "' giants made about the time of the
revolutionary movements in California, say in the months of June and
July, 1846," is chiefly answered in what is said concerning the actual
condition of the missions, and the grants of Fort Joaquin at the mouth,
and Alcatras island inside the entrance, of the bay of San Francisco. In
addition to these, the large island of Stan Clemente, I understood, was
granted about that time, say in May, 1846.  I found nothing in the archives concerning it.  I do not think there were other grants to attract
particular attention, except the proposed great Macnatnara grant or contract, of which the principal papers are on file in the State Department,
and have been printed in the Congressional documents.
In the second branch of the last mentioned inquiry, namely, concerning any "grants made subsequent to the war," I suppose the intent
is, grants, if any, made after the reduction of the country by the artns
of the United States.  There are, of course, no Mexican grants, or
grants by the Mexican authorities, which purport to have been issued
subsequent to that time. The inquiry must relate, therefore, either to
supposed simulated grants, by persons formerly in authority there, or
to whatever may have been done, in respect of the domain, by or under
the Ainerican authorities. It is believed in the country that there are
some simulated grants in existence; that is, some papers purporting to
be grants which have been issued since the cessation of the Mexican
Government, by persons who formerly, at different times, had the faculty of making grants in that country.  It would be impossible, however,
to make a list of them, with the particulars enumerated in the instructions; for, if there be any such, they would of course not be submitted




30
for public inspection, or in any way seek the light.  But I believe it
would- not be difficult for a person skilled in the grants in that country,
and acquainted with the archives, and the various facts to be gathered
from  them, to detect any simulated paper that might be thus issued
after-the person issuing it had ceased from  his office.  The test, howeverT, would necessarily have to be applied to each case as it rose.  No
general rule, I believe, can be laid down.
Recurring, then, to- the other point which I suppose the inquiry to
relate to. The mnost considerable act, affecting the domain, had subisequent to the accession of the American authorities in California, was
a " decree " made by Gen. Kearny, as governor, under date of 10th
Mlarch, 1847, as follows:'C I, Brigadier General S. W. Kearny, Governor of California, by
virtue of authority in me vested, by the President of the United States
of Amnerica, do hereby grant, convey, and release unto the town of San
Francisco, the people, or corporate authorities thereof, all the right,
title, and interest of the Government of the United Slates, and of the
territory of California, in and to the beach and water lots on the east
front of said town of San Francisco, included between the points known
as the Rincon and Fort Montgomery, excepting such lots as may be:selected for the use of the United States Government by the senior officers of the artiy and navy now there; provided the said ground hereby,ceded, shall be divided into lots, and sold by public auction to the
highest bidder, after three months notice previolisly given; the proceeds
of said sale to be for the benefit of the town of San Francisco."
Pursuant to the terms of this paper, what are termed "government reservations"' were made, both within and outside the limits specified, and
the remainder of the lots designated have been since in great part sold by
-the town of San Francisco.  These lots extend into the shallow  water
along the beach of San Francisco, and are very suitable and requisite
for the business purposes of that growing city.  The number of four
hundred and forty-four of them were sold in the summer ensuing the
4~Decree," and in December last, I have learned since my return, the remainder, or a large portion of them, were disposed of by the corpo-'ation.  But little public use has been rnade of what are denominated
the "government reservations."  Portions of them  are reputed to be
covered by o0l grants; portions have been settled on and occupied by
way of preemption, and other portions, particularly "Rincon Point,":have -been rented out, as I arn informed, to individuals, by the late
military government.
Under the above ";decree" of General Kearny, and the consequent
acts of the authorities of. San Francisco, such multiplied, diversified,.and:important private interests have arisen, that, at this late day, no
good, but immense mischief, would result from disturbing them.  The
city has derived a large amount of revenue from the sale of the:lots;
the lots have been resold, and transferred in every variety of way, and
passed through many hands, and on many of them  costly and permaanent improvements have been made; improvements required by the




31
business-and wants of tile community, and which ought to give the
makers of them an equitable interest in the land, even without the faith
of the Government implied by leaving the act of its agent so long unquestioned.  An act of Congress, relinquishing thus in the lawful
mode, the interest of the United States in those beach and water lots,
would seem to be only an act of jlustice to the city and to the lot holders, and to be necessary to give that validity and confidence that ought
to attach to property of such great value and commercial importance.
In regard to the "government reservations," so called, where they
may be in private hands,' whether under a former grant, or by occupancy and improvement, the same equity would seem to call for at least
a pre-emptionl right to be allowed the holders, except for such small
parts as may be actually required for public uses.  In regard to the
places known as "Clark's Point," and the C'Rincon Point," which
are outsilde of-the land embraced in Gen.>Keauny's decree, and portions.of which it is understood have been put in the hands of rentees, perhaps the most equitable use that could be made of them, (except, as
before, the parts needed for public uses,) would be to relinquish them
to:the city, to be sold as the beach and water lots have been; with due
regard, at the same time, to rights accruing from  valuable improvements that may have been made upon themn, but repressing a monopoly of property so extensive and valuable, and so necessary to the improvement, business, and growth of the city.
Other operations in lands which had not been reduced to private
property at the time of the cessation of the former government, have
taken place in and about different towns and villages, by the alcaldes and other municipal authorities continuing to make grants of lots
and outlots, more or less according to the mode of the former government.  This, I understand, has been done, under the supposition of a
right to the lands granted, existing in the respective towns as corporawtions.
Transactions of this natu:re have been to a very large extent at San
Francisco; several hundred inlots of fifty varas square, and outlots of
one hundred varas square, have been thus disposed of, by the successive alcaldes-of the place since the occupation of it by the American
forces, both those appointed by the naval and military commanders,
and those subsequently chosen by the inhabitants.
It is undoubtedly conformable to the Spanish colonial laws, that,
when villages were to be established,,there should be liberal allotments
to the first settlers, with commons for general use, and municipal lands,(propios) for thile support and extension of the place-that is, to be rented:, or othlerwlse trasferred, subject to a tax; and that the principal
magistrate, in conjunction with the atyuntamiento, or town council,:should ih-ave the disposal of those town liberties, under the restrictions
of law, for the benefit of the place; and the same was the practice
in C'alifornia, under the M-exican government.  It is'not always so
easy'to determine within what limits this authority might be exercised; -buwt in new  communities, whether the settlement was found-,ed by an -empresario (contractor,) or by the government, the allotments




32
were always on a-liberal scale, both for the individuals and the village.
A very early law (law 6, tit. 5, lib. 4, Recop. de Indias) fixes " four
leagues of limits and land (de termnino y territorio,) in square or prolonged, according to the nature of the tract," for a settlement of thirty
families; and I suppose this is as small a tract as has usually been set
apart for village uses and liberties, under the Spanish or Mexican government in New Spain; sometimes much more extensive privileges have
no doubt been granted. The Instructions of 1773 to the commandant
of the new posts, authorizes pueblos to be formed, without specifying
their limits, which would of course bring them under the general, law
of four leagues.
The royal Regulation of 1781, for the Californias, directs suitable
municipal allotments to be made, " conformable to the law;"- and this
likewise must refer to the law specifying four leagues square.
The letter of instructions of 1791, authorizing the captains of presidios to make grants, in the neighborhood of their respective posts,
specifies the same quantity, to wit, " the extent of four common leagues,
measured from the centre of the Presidio square, two leagues in each
direction, as sufficient for the new pueblos to be formed under the protection of the presidios."
The Mexican laws, as far as I am  aware, make no change in this
rule; and the colonization regulations of 1828, provide (art. 13,) that
"the reunion of many families into a town shall follow in its formation, policy, &c., the rule established by the existing laws for the other
towns of the Republic."
From all these,and other acts which might be quoted, it would seem
that where no special grant has been made, or limits assigned to a village, the common extent of four leagues would apply to it; it being understood, however, as the same law expresses, that the allotment should
not interfere with the rights of other parties. The Presidio settlements,
under the order of 1791, were certainly entitled to their four leagues;
the right of making grants within the same only transferred fiom the
presidio captain to the municipal authorities who succeeded him, as is
conformable to Spanish and Mexican law and custom. This was the
case under the Spanish government; and I am not aware that the principle has been changed; though no doubt grants have been made to individuals which infringed on such village limits. The Territorial Deputation of California, however, by an act of 6th August, 1834, directed
that the ayuntamientos of the pueblos should " make application for
common and municipal lands (ejidos yproqpios) to be assigned them."
Wherever it shall appear that this was done, the town, I suppose, could
only now claim what was then set apart for it.  Where it was omitted or neglected, custom, reputed limits, and the old law, would seem
to be a safe rule.
As to the point now under consideration, that of San Francisco, I
find that in the acts of the Departmental authorities the settlements in
and about the presidio were styled " the pueblo of San- Francisco,"'
and the particular place where the village principally was and the




33
city now  is, a the point of Yerba Buena."  The local authorites,
as its alcalde, or justice of the peace, were termed those of the pueblo of
San Francisco. Its privileges were not, therefore, at any time limited
to the- point of Yerba Buena. Originally, probably, it had boundaries
in common -with the mission of Dolores, which would restrict it in its
four leagues; but after the conversion of the mission into a pueblo, the
jurisdiction of the authorities of San Francisco was extended, and special
license given to its principal magistrate to grant lots at the mission.
San Francisco is situated on a tongue or neck of land, lying between
the bay and the sea, increasing in breadth, in a southerly direction. A
measurement of four leagues south from the presidio would give the
city, in the present advanced value of property, a magnificent corporate
domain, but not so much as was fairly assignable to the precincts of
the presidio under the order of 1791, nor so much as all new pueblos are
entitled to under the general laws of the Indias. There are private rights,
however, existing within those limits, apart from any grants of the
village authorities, which- ought to be respected: soine through grants
from the former government; some by location and improvement,  a
claim both under our own law and custom, and under the Spanish law,
entitled to iespect.  To avoid the confusion —the destruction-that
would grow out of disturbing the multiplied and vast interests that have
arisen under the acts of the Arnerican authorities at San Francisco; to
give the city what she would certainly have been entitled to by the
terms of the old law, what she will need for the public improvenments
and adornments that her future population will require, and what is
well due to the enterprise which has founded in so brief a space a great
metropolis in that remote region, perhaps no better or juster measure could
be suggested, than a confirmation of past acts, a release of government
claims to the extent of'four leagues. measuring south from the presidio,
and including all between sea and bay, with suitable provision for
protecting private rights, whether under old grants or by recent improverments, and reserving such sites as the government uses may require.
By the authorities of the village of San Jose, there have been still
larger operations in the lands belonging or supposed to belong to the
liberties of that town. The outlands there, as I learned, have been
distributed in tracts of three to five hundred acres.
The pueblo of San Jose was founded 7th November, 1777; by order
of Felipe de Neve, then military commandant and governor.  The
first settlers were nine soldiers and five laboring mlen or farmers, who
went thither, with cattle, tools- &c., from  San Francisco, where had
been established the year before, by order of the Viceroy, the presidio
and the mission of Dolores.   Those persons took possession, and
made their settlement, " in the name of his Majesty, marking out the
square for the erection of the houses, distributing the solares (house lots)
and, rneasuring to each settler a piece of ground for the sowing of a
fanega of maize, (two hundred varas by four hundred,) and for beans
and other vegetables."-   Subsequently, the Regulation of 178t,al* Noticias de Nueva California, by the Rev. Father Palou: MSS. Archives of Mexico.
3




34
lowing to the new settlers each four lots of two hundred varas square,
beside their house-lots, was no doubt applied to this village.  It was
designed for an agricultural settlement, and, together with the pueblo of
the south (Los Angeles) received constantly the favor and encouragement of the government, with the view of having sufficient agricultural
produce raised for the supply of the military posts.  Both villages are
situated in fertile plains, selected for their sites with that )object.  In a
report, or information, made by the Governor Don Pedro Fages, in
February, 1791, to his successor Governor Romeu, the encouragement
of the two pueblos is the first topic referred to::1. Being (says Governor Fages) one of the objects of greatest
consideration, the encouragement of the two pueblos, of civilized people, which have been established, the superior government has determined to encourage them with all possible aids, domiciliating in them  the
soldiers who retire from the presidios, and by this means enlarging the
settlement.
" 2. By the superior order of 27th April, 1784, it is ordered that
the grains and other produce, which the presidios receive from the inhabitants of the two pueblos, shall be paid for in money, or such goods
and effects as the inhabitants have need of.
" 3. The distribution of lots of land, and house lots, made with all
possible requisite formalities, with designation of town liberties, and
other lands for the common advantage, as likewise titles of ownership
given to the inhabitants, were approved by the Sehor Comrnandante
General, the 6th February of the present year of 1784."
There are also records of families being brought at the government
expense, from the province of Sonora, specially to people the two pueblos.  Both these villages-being thus objects of government favor and
encouragement-claim  to have been founded with more extensive
privileges than the ordinary village limits; and I have no doubt, from
the information I received, that'such was the case.
The village of San Jose had a dispute of boundary as early as the
year 1800, with the adjoining mission of Santa Clara, and which was
referred the following year to the government at Mexico. The fact is
noted in the index to California papers in the Mexican archives, but I
did not find the corresponding record. There is likewise in the book
of records, marked " 1828," in the archives at Monterey, an outline
of the boundaries claimed by the pueblo at that time.  But at a later
period, (in 1834, I believe,) there was a legislative action upon the subject, in which, as I understand, the boundaries were fully agreed upon.
Some documents relating to this settlement are in the archives at San
Jose6, and also in the territorial archives.  My time did not permit me
to make a full investigation of the question of those boundaries, nor did
I think it necessary, because, at all events, they can only be definitively
settled by a survey, the same as private estates.  My instructions, however, call for a discrimination between acts done'"with legal formalities," and such as are "without legal sanction."  It is therefore proper
for me to say, that I do not know of any law which would authorize




35
-the distribution of town property in California in lots nmeasured by hundreds of acres; such distribution,in fact, would seetn rather to defeat
the ends for which town grants are authorized by the Spanish law.
Perhaps an act to authorize the limits of the town to be ascertained by
survey, and to leave the question of the validity of those recent large
grants within the limits of the sarne, to be determined between the
holders, and the town in its corporate capacity, would be as just and
expedient as any other mode.
In and about the town of Monlterey, likewise, there were large concessions, as I understood, and some including the sites of forts and public places, made by the magistrate appointed there after the accession of
the American authority. The lim-its of this town, also, I think, depend
on an act of the territorial legislature, and may be ascertained by an
authorized survey.
The city of Los Angeles is one of the oldest establishments of California. and its prosperity wvas, in the same manner as that of San Jose,
an object of Government interest and encouragement.  An act of the
Mexican Congress, of 23d May, L835, erected it into a city, and established it as the capital of the territory. Trhe limits which, I understood,
are claimed as its town privileges, are quite large, but probably,no more
than it has enjoyed for sixty years, or ever since its foundation.  Th'I'e
grants made by this corporation since the cessation of the former Government, have been, as far as I learned, quite in conformrity with the
Spanish law, in tracts such as wvere always granted for house lots in the
village, and vineyards and gardens without, and in no greater number
than the increase of population, and the municipal wants required.
Tile only provision that seeIns to be wanting for the puebla of Los
Angeles, is for the survey and definition of its extent, according to its
ancient recognised limnits.  The samte remark, as far as I have learned,
will apply to the remaining towns of the country established under
either of the former Governiments
The remarks made in a previous part of this report in relation to the
Missions, cover, to a good degree, the substance of that branch of the
inquiries proposed by the Commissioner of the Land Bureau.  I have
already stated that, originally, the " tmission lands" may be said to
have been coextensive with the province, since, noininally, at least,
they occupied-the whole extent, except the small localities of tlhe Presidies, and the part inhabited by the wild Indians, whom  and whose
territory it was their privilege to enter and reduce.  Among the papers
accompanying this report is included a transcript of their recorded boundaries, as stated in a record book heretofore noticed.  It will be seen
from the fact first mentioned,- of their original occupation of the whole
province, and frolm the vast territories accorded to their occupation, as
late-as the year 1828, how inconsistent with any considerable peopling
of the country, would have been any notion of proprietorship in the
missionaries.
I am also instructed to'make an inquiry into the nature of the Indian Rigfhts [in the soil,] under the Spanish and Mexican governments."




36
It is a principle constantly laid down in tile Spanish colonial laws,,
that the Indians shall have a right to as much land as they need
for their habitations, for tillage, and for pasturage.  Where they were
already partially settled in communities, sufficient of the land which
they occupied was secured them  for those purposes.- If they were
wild, and scattered in the mountains and wildernesses, the policy of
the law, and of the instructions impressed on the authorities of the distant provinces, was to reduce them, establish them  in villages, convert
them  to Christianity, and instruct them itn useful employments.t  The
province of California was not excepted from the operation of this rule.
It was for this purpose especially, that the missions were founded and
encouraged. The instructions heretofore quoted, given to the commandant of Upper California in August, 1773, enjoin on that functionary, that "the reduction of the Indians, in proportion as the spiritual conquests advance, shall be one of his principal cares;" that the
reduction made, "and as rapidly as it proceeds, it is important for their
preservation and augmentation, to congregate them in mission settlements, in order that they may be civilized and led to a rational life;'
which, (adds the instructions,) "is impossible, if they be left to live dispersed in the mountains."
The early laws were so tender of these rights of the Indians, that
they forbade the allotment of lands to the Spaniards, and especially the
rearing of stock, where it might interfere with the tillage of the Indians.  Special directions were also given for the selection of lands forthe Indian villages, in places suitable for agriculture, and having the
necessary wood and water.?  The lands set apart to them were likewise inalienable, except by the advice and consent of officers of the goverment, whose duty it was to protect the natives as minors or pupils.lI
Agreeably to the theory and spirit of these laws, the Indians in California were always supposed to have a certain property or interest in
the missions.  The instructions of 1773 authorized, as we have already seen, the commandant of the province to make grants to the mission Indians of lands of the missions, either in community or individually. But apart from any direct grant, they have been always reckoned to
have a right of settlement; and we shall find that all the plans that have
been adopted for the secularization of the missions, have contemplated,
recognised, and provided for this right.  That the plan of Hijar did not
recognise or provide for the settlements of Indians was one of the main
objections to it, urged by Gov. Figueroa and the territorial deputation.  That plan was entirely discomnfitted; all the successive ones
that were carried into partial execution, placed the Indian right of settlement amongst the first objects to -be provided for.  We may say,
therefore, that, however meal-administration of the law may have de* Recopilacion de Indias: laws 7 to 20, tit. 12, bk. 4.
t lb., laws 1 and 9, tit. 3, bk. 6.
+ Law 7, tit. 12, Recop. Indias; ib., laws 8 and 20, tit. 3, bk. 6.
Il Ib.., law 27, tit. 6, bk. 1. Pefia y Pefia, 1 Practica Forense Mejicana, 248, &c. Alaman, 1 Historia de Mejico, 23-25.




37
~stroyed its intent, the law itself has constantly asserted the rights of the
Indians to habitations, and sufficient fields for their support.  The law
always intended the Indians of the tnissions —all of them who remain-;ed ihere-to  have homes upon the mission grounds.  The same,
I think, may be said of the large ranchos-most, or all of which, were
formerly mission ranchos-and of the Indian settlements or rancherias
upon them. I understand the law to be, that wherever Indian settlements are established, and they till the ground, they have a right of occupancy in the land which they need and use; and whenever a grant
is made which includes such settlements, the grant is subject to such
occupancy. This right of occupancy, however-at least when on private estates-is not transferable; bult whenever the Indians abandon it,:the title of the owner becomes perfect.  Where there is no private owaership over the settlement, as where the lands it occupies have been:assigned it by a functionary of the country thereto authorized, there is
a process, as before shown, by which the natives may alien their title.
I believe these remarks cover the principles of the Spanish law, in regard to Indian settlements, as far as they have been applied in Califor-:nia, and are conformable to the customary law that has prevailed there.+
The' continued observance of this law, and the exercise of the public:authority to protect the Indians in their rights under it, cannot, I think,
produce any great inconvenience; while a proper regard for long recog-.nised rights,and a proper sympathy for an unfortunate and unhappy race,
would seem to forbid that it should be abrogated,, unless for a better.
The number of subjugated Indians is now too small, and the lands
they occupy too insignificant in atmount, for their protection, to the ex-,tent of the law, to cause any considerable molestation.  Besides, there,are causes at work by which even the present small number is rapidly
diminishing; so that any question concerning them can be but temporary.  In 1834, there were employed in the mission establishments alone
-the number 30,650.t  In 1842, only about eight yeats after the restraining and compelling hand of the missionaries had been taken off,,their number on the missions had dwindled to 4,450; and the process
of reduction has been going on as rapidly since.
In the wild or wandering tribes, the 8panish law does not recognise
-any title whatever to the soil.
It is a co-nmmon opinion, that nearly all of what may be called the
-coast country-that is, the countrv west of the Sacramento and Joaquin
valleys- which lies south ofe and including, the Sonoma district, has
been ceded, and is covered with private grants. If this were the case,
* Of course, what is here said of the nature of Indian rights, does not refer to titles to'lots and farming tracts, which have been granted in ownership to individual Indians by the.government. These, I suppose, to be entitled to the same protection as other private
property.
t This is not an estimate, it is an exact statement. The records of the missions were kept
with system and exactness; every birth, marriage, and death was recorded, and the
name of every pupil or neophyte, which is the name by which the mission Indians were
known;'and from this record, an annual return was made to the government of the precise
number of Indians connected with the establishment.




39
operate to break up the existing large tracts into farms of such extent
as the nature of the country will allow of, and the wants of the community require; and this under circumstances, and with such assurance
of tenure, as will warrant those substantial improvements that the thrift
and prosperity of the country in other respects invite.
I think the rights of the Government will be fully secured, and the
interests and permanent prosperity of all classes in that country best
consulted, by no other general measure in relation to private property,
than an authorized survey, according to the grants, where the grants are
modern, or since the accession of the Mexican government, reserving the
overplus; or, according to ancient possession, where it dates fromt the time
of the Spanish government, and the written evidence of the grant is lost,
or does not afford data for the survey. But providing that in any case
where, from the opinion of the proper law officer or agent of the Government in the State, or firom information in any way received, there
may be reason to suppose a grant invalid, the Government (or a proper officer of it) may direct a suit to be instituted for its annulment.
It is proper for me to say, that at Monterey, Gen. Riley, then in
charge of the government, promptly directed the archives to be open to
my inspection; and that in Mexico, my application, made by Mr.
Walsh, charge d'affaires of the United States, to be allowed to examine
the Mexican archives, was courteously received and acceded to by Mr.
de, Lacunza, the Minister of the Interior and Foreign Relations. I received, also, from Col. Geary, principal magistrate of San Francisco,
unusual facilities for acquainting myself with the papers in his office,
relating to that city.
Very respectfilly, sir, your obedient servant,
WM. CAREY JONES.
WASHINGTON, 9th Mitarch, 1850.








SOME  OF THE PRINCIPAL LAWS AND  ORDERS RELATING
TO THE SUBJECT OF THE FOREGOING REPORT.
TREATY  PROVISIONS RESPECTING  PRIVATE PROPERTY 1N
CALIFORNIA.
Portions of the treaty of 2d February, 1848, which relate to PRIVATE
PROPERTY, existing in the territories thereby acquired by the United
States.
Art. VIII. Mexicans now established in territories previously belonging to Mexico, and which remain for the future within the limits of the
IUnited States, as defined by the present treaty, shall be free to continue
where they now reside, or to remove at any time to the Mexican Republic, retaining the property which they possess in the said territories,
or disposing thereof, and removing the proceeds wherever they please,
without their being subjected, on this account, to any contribution, tax
or charge whatsoever.                                          5 
In the said territories, property of every kind, now belonging to Mexicans not established there, shall be inviolably respected. The present
owners, the heirs of these, and all Mexicans who may hereafter acquire
said property by contract, shall enjoy, with respect to it. guaranties
equally ample as if the same belonged to citizens of the United States.
Art. IX. Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican republic: conformably
with what is stipulated in the preceding article, shall be incorporated
into the Union of the United States, and be admitted at the proper time
(to be judged of by the Congress of the United States) to the enjoyment of all the rights of citizens of the United States, according to the
principles of the Constitution; and in the mean time shall be maintained
and protected in the free enjoyment of their liberty and property, and
secured in the free exercise of their religion without reslrlction.
MEXICAN COLONIZATION LAWS AND RULES.
Act of the Mexican government, 4th January, 1823.
Art. 1. The government of the Mexican nation will protect the
liberty, property, and civil rights of all foreigners, who profess-the Roman Catholic apostolic religion, the established religion of the empire.
Art. 2. To facilitate their establishment, the executive will distribute lands to them, under the conditions and terms herein expressed.
Art. 3. The emnpresarios, by whom is understood those who introduced: at least two hundred families, shall previously contract with the
executive, and inform it what branch of industry they propose to follow,




the property or resources they intend to introduce for that purpose, and
any other particulars they rmay deem necessary, in order that with this
necessary information, the executive may designate the province to
which they must direct themselves, tile lands which they can occupy
with the right of property, and the other circumstances which mlay be
considered necessary.
Art. 4. Families whlo emigrate, not included in a contract, shall
immediately present themselves to tile ayuntamiento  of the place
where they wish to settle, in order that that body, in conformity with
the instructions of the executive, may designate the lands corresponding to them, agreeably to the industry which they may establish.
Art. 5. rThe measurement of land shall be the following: establishing the vara at three geolnetrical feet; a straight line of five thousand varlas shall be a league; a square, each of whose sides shall be one
league, shall be called a sitio; and this shall be the unit of counting
one, two, or inore sitios; five sitios shall compose one hacienda.
_Art. 6. In the distribution mnade by government of lands to the
colonists, for the forlmation of villages, towns, cities, and provinces, a
distinction shall be mnade between the grazing lands destined for the
raising of stock, and lands suitable for farming or planting, on account
of th e facility of irrigation.
Art. 7. Onle labor shall be composed of one million square varas,
that is to say, one thousand varas on each side, which measurement
shall be the unit for counting one, two, or more labors.  These labors
can he divided into halves and quarters, but not less.
Art. 8. To the colonists, whose occupation is farming, there cannot
be given less than one labor, and those whose occupation is stock raising, there cannot be given less than one sitio.
Art. 9. The government of itself, or by means of the authorities authorized for that purpose, can augment said portions of land as may
be deemed proper, agreeably to the conditions and circumstances of
the colonists.
Art. 10. Establishments made under -the former government shall
be regulated by this law in all matters that may arise,and that are now
pending; but those that are finished shall remain in that state.
Art. 11. As one of the principal objects of laws in fiee governments,
ought to be to approximate, so far as possible, to an equal distribution
of property, the government, talking into consideration the provisions of
this law, will adopt measures for dividing out the lands, which may
have accumulated in large portions in the hands of individuals or corporations, and which are not cultivated, indemnifying the proprietors
for the just price of such lands, to be fixed by appraisers.
Art.' 12. The union of-many families at one place shall be called a
village, town, or city, agreeably to the number of its inhabitants, its extension, locality, and other circumstances which may characterise it,
in conformity with the law on that subject.  The same regulations for
its internal government and police, shall be observed as in the others
of the same class in the empire.




43
Art. 13. Care shall be taken in the formation of said new  town,
that, so far as the situation of the ground will permit, the streets shall
be laid off straight, running north and south, east and west.
Art. 14. Provinces shall be formed, whose superficie shall be sixthousand square leagues.
Art. 15. As soon as sufficient number of families may be united to
form one or more towns, their local government shall be regulated, and
the constitutional ayuntamientos and other local establishmlents formed
in conformity with the laws.'Art. 16. "'Wle government shall take care, in accord with the respective ecclesiastical authority, that these new towns are provided with
a sufficient nurlber of spiritual pastors, and in like manner, it will propose to Congress a plan for their decent support.
Art. 17. In the distribution of lands for settlement among the different provinces, the government shall take care that the colonists shall
be located in those which it may consider the most important to settle.
As a general rule, the colonists who arrive first, shall have the preference in the selection of land.
Art. 18. Natives of the country shall have a preference in the distribution of land, and particularly the military of the arimy of the three
guarantees, in conformity with the decree of the 27th of March, 1821;
and also those who served in the first epoch of the insurrection.
Art. 19. To each empresario who introduces and establishes families in any of the provinces designated for colonization, there shall be
granted at the rate of three haciendas and two labors, for each two
hundred falnilies so introduced by him, but he will lose the right of
property over said lands, should he not have populated and cultivated
them in twelve years frorn tile date of the concession.  The premium
cannot exceed nine haciendas, and six labors, wvhatever may be the
number of families he introduces.
Art. 20. At the end of twenty years the proprietors of the lands,
acquired in virtue of the foregoing article, must alienate two thirds
part of said lands, either by sale, donation, or in any other manner he
pleases.  Thie law authorizes him to hold in full property and dorninion one third part.
Art. 21. The two foregoing articles are to be understood as governing the contracts made within six months, as after that time, counting
fromn the day of the promulgation of this law, the executive can diminish the premium as it may deem proper, giving an account thereof to
Congress, with such information as may be deemed necessary.
Art. 22. The date of the concession for lands constitutes an inviolable law, for the right of property and legal ownership; should any
one through error, or by subsequent concession, occupy land belonging
to another, he shall have no right to it, further than a preference in
case of sale, at the current price.
Art. 23. If after two years fi'om the date of the concession. the colonist should not have cultivated his land, the right of property shall be
considered as renounced; in which case, the respective ayuntamiento
can grant it to another.




44
Art, 24. During the first six years from the date of the concession,
the colonists shall not pay tithes duties on their produce, nor any contribution under whatever name it may be called.
Art. 25. The next six years from the sanie date, they shall pay half
tithes, and the half of the contributions, whether direct or indirect, that
are paid by the other citizens of the empire. After this time, they shall
in all things, relating to taxes and contributions, be placed on the same
footing with other citizens.
Art. 26. All the instruments of husbandry, machinery, and other
utensils, that are introduced by the colonists for their use, at the time
of their coming to the empire, shall be free, as also the merchandise
introduced by each family, to the amount of two thousand dollars.
Art. 27. All foreigners who conme to establish themselves in the empire, shall be considered as naturalized, should they exercise any useful
profession or industry, by which, at the end of three years, they have a
capital to support themselves with decency, and are married.  Those
who, with the foregoing qualifications, marry Mexicans, will acquire
special merit, for the obtaining letters of citizenship.
Art. 28. Congress will grant letters of citizenship to those who solicit
them, in conformity with the constitution of the empire.
Art. 29. Every individual shall be free to leave the empire, and can
alienate the lands over which he may have acquired the right of property, agreeably to the tenor of this law, and he can, likewise take away
from the country all his property, by paying the duties established by law.
Art. 30. After the publication of this law, there can be no sale or
purchase of slaves which may be introduced into the empire.  The
children of slaves born in the empire shall be free at fourteen years of age.
Art. 31. All foreigners who may have established themselves in any
of the provinces of the empire, under a permission of the former government, will remain on the lands which they may have occupied, being governed by the tenor of this law, in the distribution of said lands.
Art. 32.r The executive, as it may conceive necessary, will sell or
lease the lands, which, on account of their local situation, may be the
most important, being governed with respect to all others by the provisions of this law.
[The above law was suspended by an order of 11th April, 1823, in
the following words: "Is suspended until a new resolution, the colonization law  enacted by the Junta Instituente."  It had previously,
however. been forwarded to California, where it was officially published, 14th July, 1823.]
Decree of the Mexican Congress, of 18th August, 1824, on Colonization.
The sovereign general constituent Congress of the United Mexican
States has held it proper to decree:
1. The Mexican nation offers to foreigners, who shall come to establish themselves in its territory,security in their persons and in their pro



45
perty; provided. that they subject themselves to the laws of the country.
2. Constitute the object of this law, those lands of the nation, which,
not being private property, nor belonging to any corporation or town,
may be colonized.
3. To this effect, the Congress of the States shall form, with the
least delay, laws or rules of colonization for their respective limits, conforming themselves in all respects to the constitutive act,* the general
constitution, and the rules established in this law.
4. Shall not be colonized those territories comprehended within
twenty leagues of the boundaries with any foreign nation, nor within
ten leagues of the seacoast, (literates,) without the previous approbation
of the supreme general executive power.
5. If for the defence or security of the nation the government of the
federation should find it expedient to make use of any portion of those
lands to construct warehouses, arsenals, or other public edifices, it may
do so with the approbation of the general Congress, or in its recess with
that of the government council.
6. There shall not, before the expiration of four years from the publication of this law, be imposed any duty on the entrance of the persons
of foreigners who shall come to establish themselves for the first time in
the nation.
7. Prior to the year 1840, the general Congress shall not prohibit the
entrance of foreigners to colonize, except imperious circumstances oblige
it so to do with respect to the individuals of some (particular) nation.
8. The government, without prejudicing the objects of this law,
shall take the measures of precaution which it may judge proper for the
security of the federation with respect to foreigners who come to colonize.
9. In the distribution of lands, Mexican citizens are to be preferred,
and between them no distinction shall be made, except such only as is
due to special merit and services rendered to the country, or, in equality
of circumstances, residence in the place to which the lands to be distributed are pertinent.
10. Military persons who, agreeably to the proffer of 27'th March,
1821, may be entitled to lands, shall be attended to in the States, on
exhibiting the diplornas which to this effect the supreme executive authority shall deliver to them.
11. If by the decrees of capitalizationt according to the probabilities of life, the supreme executive power should think proper to alienate some portions of land in favor of any officers of the federation, either
civil or military, it may do so of the vacant lands in the territories.
12. It shall not be permitted to unite in one hand as property more
than one league square of five thousand varas of irrigable land, four in
superficies of farming land not irrigable (de temporal,) and six in superficies for stock raising (de abrevadero.)
*Acta Constitutiva de la Federacion, adopted 31st January, 1824.
t Capitalizacion signifies the turning of an income, rent or annuity, into a capital.




46
13. The new settlers shall not transfer their property in mortmaiui.
14. This law guaranties the contracts which empresarios shall make
with families whom they bring at their own expense, provided that they
be not contrary to the laws.
15. No one who by virtue of this law shall acquire lands in ownership, siall be able to preserve them, being domiciliated without the territory of the Republic.
16. The government, conformably to the principles established in
this law, shall proceed to the colonization of the territories of the Republic.
Government Regulations for the Colonization of the Territories, pursuant to the preceding law, adopted 21st November, 1828.
It being provided in the 16th article of the general colonization law of
the 18th August, 1824, that the Government, in conformity with the
principles established in said law,shall proceed to the colonization of the
territories of the Republic; and it being desirable, in order to give to
said article the most punctual and exact fulfilinent, to dictate some
general rules for facilitating its execution in such cases as may occur,
his Excellency has seen fit to determine on the following articles:
1st. The Governors (gefes politicos) of the territories are authorized,
(in compliance with the law of the general congress of the 18th of August,
1824, and under the conditions hereafter specified,) to grant vacant
lands in their respective territories, to contractors, (empresarios,) families, or private persons, whether Mexicans or foreigners, who may ask
for them for the purpose of cultivating or inhabiting them.
2d. Every person soliciting lands, whether he be an en mpresario,
head of a family, or private person, shall address to the Governor of
the respective territory a petition, setting forth his name, country, profession, the number, description, religion, and other circumstances of
the families, or persons with whom  he wishes to colonize, describing, as distinctly as possible, by means of a map, the land asked for.
3d. The Governor shall proceed immediately to obtain the necessary information whether the petition embraces the conditions required by said law of the 18th August,both as regards the land and the
candidate, in order that the petitioner may at once be attended to, or if
it be preferred, the respective municipal authority may be consulted,
whether there be any objection to making the grant.
4th. This being done, the Governor will accede or not to said peti
tion, in exact confor-rmity to the laws on the subject, and especially to
the before mentioned one of the 18th of August, 1824.
5th. The grants made to families, or private persons, shall not be
held -to be definitively valid without the previous consent of the territorial deputation; to which end the respective documents (expedientes)
shall be forwarded to it.




47
6th. When the Governor shall not obtain the approbation of the territorial deputation, he shall report to the Supreme Government, forwarding the necessary documents for its decision.
7th. The grants made to enmpresarios for them  to colonize with
many families, shall not be held to be definitively valid until the approval of the Supreme Government be obtained, to which the necessary
documents must be forwarded, along with the report of the territorial
deputation.
8th. The definitive grant asked for being made, a document, signed
by the Governor, shall be given to serveas a title to the party interested,
wherein it must be stated, that said grant is mnade in exact conformity
with the provisions of the laws, in virtue whereof possession shall be
given.'9th. The necessary record shall be kept in a book prepared for the
purpose, of all the petitions presented, and grants made, with the maps
of the land granted, and a circun)stantial report shall be forwarded
quarterly to the Supreme Government.
10th. No stipulation shall be admitted for a new town, except the
contractor bind himself to present as colonists at least twelve families.
Ilth. The Governor shall designate to the new colonist a proportionate time within which he shall be bound to cultivate or occupy the
land, on the terms, and with the number of persons or families, which
he may have stipulated for; it being understood that, if he does not
comply, the grant of the land shall remain void. Nevertheless, the
Governor may revalidate it in proportion to the part which the party
may have fulfilled.
12th. Every new colonist, after having cultivated or occupied the
land agreeably to his stipulation, will take care to prove the same before the municipal authority, in order that the necessary record being
made, he may consolidate and secure his right of ownership, so that he
may dispose freely thereof.
13th. The union of many families into one town shall follow in its
formation, interior government and policy, the rules established by the
existing laws of the other towns of the republic, special care being taken
that the new ones shall be built with all possible regularity.
14th. The minimnum of irrigable land to be given to one person for
colonization, shall be two hundred varas square. The mnirmium of
land called de temporal, (that is, dependent on the seasons, or not irrigable,) shall be eight hundred varas square; and the minimum for
breeding cattle (de abrevadero) shall be twelve hundred varas square.
15th. The land given for a house lot shall be one hundred varas.
16th. The spaces which may remain between the colonized lands
may be distributed among the adjoining proprietors, who shall have
cultivated theirs with the greatest application, and have not received the
whole extent of land allowed by the law; or to the children of said proprietors, who may ask for them to combine the possessions of their
families; but in this respect particular attention must be paid to the
morality and industry of the parties.




48
17th. In those territories where there are missions, the lands occupied
by them  cannot be colonized by them at present, nor until it is determined whether they are to be considered as the property of the establishments of the neophytes-catechumens, and Mexican colonists.
Decree of 4 November, 1833.
Art. 1. Shall be repealed in all its parts, the 11th article of thie law
of 6th April, 1830.7
Art. 2. The Government is authorized to expend the sums that may
be necessary in the colonization of the territories of the Federation, and
other vacant places which it has the right to colonize.
Art. 3. It is also authorized, that with respect to colonizable lands,
it may take such measures as it believes conducent to the safety, better
progress, and stability of the colonies which shall be established.
Art. 4. The repeal spoken of in article I of this decree, shall not take
effect until six months have expired after its publication.
Art. 5. In the authorization conceded in article 2, is comprehended
that of raising fortresses at those points of the frontiers where the executive may think them useful and expedient.
DECREE OF THE SPANISH CORTES OF FOURTH JANUARY, 1813.
On reducing vacant and other common lands to private ownership, lots
conceded to the defenders of the country, and to citizens not proprietors.
The general and extraordinary Cortes, considering that the reduction
of common lands to private ownership is one of the measures imost imperiously required for the weal of the pueblos, and the encouragement
of agriculture and industry, and wishing at the same time to provide,
with that class of lands, some help to the public necessities, a reward
to well-meriting defenders of the country, and succor to citizens who are
not proprietors, decree:
I. All vacant or royal lands, and lands for municipal uses (terrenos
baldios 6 realengos, y de propibs y arbitrios,t) both in the peninsula
* The act of 6th April, 1830, relates principally to the admission of cotton fabrics into
Texas, and the colonization of that State. The 11th article above repealed is as follows:' 11. In exercise of the power which is reserved to the General Congress in article 7 of
the law ofl 8th August, 1824, the colonization of foreigners of adjacent countries in those
States and Territories of the Federation which are coterminant with their nations, is prohibited. In consequence, the contracts which have not been fulfilled, and which are opposed
to this law, are suspended.
t " Propios are the hereditaments, meadows, houses, or other possessions whatsoever,
which a city, town, or place has for its public expenses; and arbitrios signify those duties
or taxes which, in default of propios, a place imposes, with competent authorization, on
certain products or industry." —Escriche: 2 Diccionario de Leyes, 770.




49
and adjacent islands, and in the provinces beyond sea, except the commons necessary to villages, shall be reduced to private property; provided that, in the lands for municipal uses, their annual rents shall
be supplied by the most proper means, which, proposed by the respective provincial deputations, shall be approved by thile Cortes.
II. In whatever mode those lands shall be distributed,it shall be in
full and separate ownership, (plena propiedad, y en clase acotados.)
so that their owners may enclose them, (without prejudice to the paths,
crossings, watering places, and servitudes,) enjoy them freely and exclusively,and appropriate them to the use or cultivation they are adapted to; but they shall not be able to entail them, nor to transfer them, at
any time, or in any manner, in morntmain.
III. In the alienation of said lands,shall be preferred the inhabitants
of the villages within the limits of which they exist, and who enjoyed
them in common while vacant.
IV. The provincial deputations shall propose to the Cortes, by mediumn of the regency, the time and manner most suitable to carry this
provision into effect in their respective provinces, according to the circumstances of the country, and the tracts which may be indispensable
to preserve to the pueblos, in order that the Cortes may determine that
which shall be most fitting to each territory.
V. This point is recommended to the zeal of the regency of the
kingdom, and to the two secretaries of government, in order that they
may advise and enlighten the Cornes when presenting to them the propositions of the provincial deputations.
[Articles 6, 7, 8.9,10, 11,12, 13, 14, relate to a reservation of onehalf the lands of the monarchy to be hypothecated for the national debt,
and to the making of concessions to the military and others who should
assist, in the existing war, in the defence of the nation.]
XV. Of the said remaining vacant and royal lands, shall be assigned
the most fitting for cultivation, and to each inhabitant of the respective pueblos who ask it, and has not other land of his own, shall be
given gratuitously, by lot, a parcel proportioned to the extent of the
tract; provided that all that may be thus distributed shall not exceed
one-fourth part of said vacant and royal lands; and if there shall not
be sufficient, the lot shall be given in the sowing grounds of the municipal lands, imposing on it, in such case, a redeemable tax equivalent
to the rent of the samne for the period of five years, unto the end of 1817,
so that the municipal funds shall not fail.
XVI. If any grantee under the preceding article fail for two years
to pay the tax, (his lot being of the municipal lands,) or to put his lot
to use, it shall be given to another more industrious inhabitant, who
may lack land of his own.
XVII. The measures necessary for these concessions shall be made,
likewise without any charges, by the ayuntatnientos, and the provincial
deputations shall approve them.
XVIII. All the lots which shall be conceded conformably to articles
IX, X, XII, XIII, and XV, shall likewise be in full ownership to the
4




50
grantees and their successors, in the terms and with the powers expressed
in article II; but the owners of these lots shall not have power to alienate them  within four years fiom the time they are conceded, nor subject them ever to entail, nor transfer them at any time or by any title,
in mortniail.
XIX. The said granllees, or th2ir successors, who shall establish their
permanent habitalions on the said lots, shall be exempt for eight years
from any contribution or impost on that ground or its products.
ACTS GOVERNING THlE EARLY SETTLEMENT OF CALIFORNIA.
Extracts from the " Instructions to he observed by the commandant of
the new establishments of San Diego and Monterey," given by the
Viceroy, 17th August, 1773.
Art. 5. The reduction of the Indians in proportion as the spiritual
conquest may advance, is one of the principal cares of the comlnandant,
and in which the missionaries ought to Imake the greatest efforts,-the
commandant giving the necessary assistance.
Art. 6. The reduction of the Indians accomplished, and in proportion as it may be accomplished, it is imnportant for their preservation
and increase that they should be congregated in tnission pueblos, in
order that they may be civilized and led to a rational life, which experience has shown can scarcely be done if they be left to live dispersed
in the mountains.
Art. 7. The place in which the mission settlement is to be made,
ought to be selected, if possible, where it will not be exposed to inundations, but have sufficient of water to drink and for irrigation of the
fields, with hills and woods near by to furnish fire-wood and house
timbers.
Art. 8. In the construction of the houses the Indians shall be taught,
in order that they nmay know how to build them, whether of adobe, or
of stone and mortar, conformably to the proportions which the tract of
land offers, and that the whole shall have capacity for a garden, where
the Indians shall sow some seeds and herbs, and plant trees, that, at
the proper time, will reward their owners with their fruits; thus holding
them with constancy to the place, and restraining their propensity to
wander.
Art. 9. All settlements begin with few families, and afterwards increase to contain large cities; and in those where defects are not remidied from the beginning, they grow disproportioned, and without suitable symmetry.
Art. 10. As the mission settlements are hereafter to become cities,
care should be taken in their foundation that the houses should be built
in line, with wide streets and good market squares; by this means will
not only be obtained symmetry, but the desire of the Indians will be




51
excited not to withdraw; and even those not reduced may be reclaimed
and drawn to establish themselves, and adopt a rational life.
Art. 11. For the preservation of the new mission settlements, it is
very essential that near them should be encouraged the raising of cattle,
cultivation and the planting of trees, and for this purpose to choose
suitable lands, and on all to bestow strict attention.
Art. 12. With the desire that population may be more speedily assured
in the new establishments, I, for the present, grant the comranndant
power to designate common lands, and also even to make individual
concessions to such Indians as imay most dedicate themselves to agriculture, and the raising of cattle, for, having property of their own, the
love of it will cause therm to plant themselves more iirmly; but the
commandant must bear it in mind, that it is very adviseable not to allow
them to live dispersed, each on the land given him, but that they must
have their house and habitation in the town or mission where they have
been gathered or settled.
Art. 13. I grant the same faculty to the commandant with respect
to distributing lands to the other settlers, (pobla(dores,) according to their
merit and ability to improve; they also living in the town, and not dispersed; declaring, that in the exercise of what is prescribed in this article and the preceding, he must act in every respect in conformity with
the provisions made in the collection of laws respecting new reductions
and settlements, granting them  legal titles for the owner's protection
without exacting any remuneration therefor, or for the act of possession.
Art. 15. When it becomes expedient to change any mission into a
pueblo, the commandant will proceed to reduce it to the civil and ecocomical government which, according to the laws, is observed in the
other pueblos of this kingdom, giving it a narme, and declaring for its
patron the saint under whose auspices and venerable protection the
mission was founded.
Extract from the " Regulation and Instruction for the Presidios of the
Peninsula of Californias, the erection of New Missions, and encouragement of the Population and extension of the Establishments of Monterey."  Drawn by Governor Felipe de Neve, 1st June, 1779, and
approved by a royal cedula of 14th October, 1781.
TITLE XIV.-Political government and instructions for Peopling.
[Art. 1. Relates to the importance of encouraging the reduction and
conversion of the Indians, and the establishment of settlements of civilized persons, in order to retain the dominion of the country and render it
useful to the State.  2. Prescribes a different mode of payment of the
premiums theretofore granted to settlers in money and rations.  3. Provides for supplying the new settlers with stock and with agricultural
implements.]
4th. The house lots to be granted to the new settlers shall be desig



52
nated by the governor in the places and of the extent correspondent
to the tract where the new pueblos are to be established, in such manner that streets and a square shall be formed, according to the provisions of the laws of the kingdom, and agreeably to the same, competent common lands (egidos) shall be designated for the pueblos, and
pasture grounds with suitable sowing lands, for municipal purposes
(propios.)
5th. Each suerte of land (out-lot) whether capable of irrigation (de
riego) or dependent on the seasons, (de temnporal,) shall consist of two
hundred varas in length by two hundred in breadth, this being the area
generally occupied in the sowing of one fanega of Indian corn; the
distribution of these house lots and pieces of land to the new settlers shall
be made in the name of the King our master by the government, with
equity, and in proportion to the ground which admits of irrigation, so that
after making the necessary demarcation, and reserving vacant the fourth
part of the number which may result, counting with the number of settlers, should there be sufficient, each one shall have two suertes of irrigable land, and other two of dry ground, delivered to him; and of the
royal lands (realengos) as much as nmay be considered necessary shall
be separated for the propios of the pueblo; and of the remainder, as well
as of the house lots, shall be granted in the name of H. M. by the governor, to those who may hereafter come to colonize, and particularly to
soldiers, who having fulfiled the termn of their engagement, or on account of advanced age mIay retire fiom service, and likewise to the families of those who mnay die; but these persons must make their improvements at their own expense, out of the funds which each possesses, and
will not be entitled to receive fiom the royal revenue either salary, rations, or cattle, this privilege being limited to those who leave their own
country for the purpose of peopling this.
6th. The houses built oh lots granted and designated to the new settlers,
and the parcels of land comprehended in their respective concessions, shall
be perpetually hereditary to their sons and descendants, or to their daughters, who marry useful colonists who have received no grants of land for
themselves;provided they all comply with the obligations expressed in these
instructions; and in order that the sons of the possessors of these concessions, observe the obedience and respect which they owe to their parents. the latter shall be freelv authorized, in case of having two or more
sons, to choose which of them, being a layman, shall succeed to the
house and lots, and they may likewise dispose of them among their
children, but not so as to divide a single lot, because each and all of
these are to remain indivisible and inalienable forever.
7th. Neither can the pobladores, nor their heirs, impose on the house
or parcels of land granted to them, either tax, entail, reversion, mortgage, (censo, vinculo, fianza, hipoteca,) or any other burthen, although it be for pious uses; and should any one do so in violation of
this just prohibition, he shall be deprived of his property, and his grant
shall by said act be given to another colonist who may be serviceable
and obedient.




53
8th. The new colonists shall enjoy for the maintenance of their cattle,
the common use of the water and pasturage, firewood and timber of the
commons, forest, and meadows, to be designated according to the laws
to each new pueblo, and besides each one shall separately enjoy the
pasture' of his own lands.
9th. The new colonists shall be exempt for a term of four years from
tithes, or any other tax on the fi'ruits and produce of the lands and cattle
given to them, provided that within a year from the day on which the
house lots and parcels of land be designated to themn, they build a
house in the best way they can, and live therein; open the necessary
trenches for watering their land, placing at the boundaries, instead of
land marks, some fruit trees, or wild ones of some use, at the rate of ten
to each out-lot, and likewise open the principal drain or trench, constrlct a dam, and the other necessary public works for the benefit of
tillage, which the community is bound particularly to attend to; and
said community shall see that the government buildings (casas reales)
be completed within the fourth year, and during the third a storehouse for a public granary, in which must be kept the produce of
the public sowing which at tile rate of one almud (the twelfth of a
fanega) of maize per inhabitant, must be made fromn said third year
to the fifth inclusive, in the lands designated for municipal purposes
(propios. )
10th. After the expiration of the five years they will pay the tithes to
H. M. for him to dispose of agreeably to his royal pleasure, as belonging
solely to him not only on account of the absolute royal patronage which
he possesses in those dominions, but also because they are new (novales)
being the produce of lands hitherto uncultivated and waste, which are
about to become fruitful at the cost of the large outlays and expenses of the
royal treasury. At the expiration of tire said term of five years, the new
settlers and their descendants will pay, in acknowledgment of the direct
and supreme dominion which belongs to the sovereign, one-half of a
fanega of Indian corn for each irrigable suerte of land for their own
benefit; they shall be collectively under the direct obligation of attending to the repair of the principal trench, dam, auxiliary drains, and
other public works of their pueblos, including that of the church.
GRANTS BY THE CAPTAINS OF PRESIDIOS.
Instructionzfrom the Commandant General of the Internal Provinces
of the W1est to the Commandant of Ualtfornia.
In conformity with the opinion of the solicitor of this (Yommandancia General, I hasve determined, in a decree of this date, that notwith
standing the provisions made in the 18th article of the ordinance of




54
Intendants," the captains of presidios are authorized to grant and distribute house lots and lands to the soldiers and citizens, who may solicit
them to fix their residences on. And considering the extent of four comnmon leagues, measured from the centre of the presidio square, viz., two
leagues in every direction, to be sufficient for the new pueblos, to be
formed  under the protection of said presidios, I have likewise determined, in order to avoid doubts and  disputes in future, that said captains restrict theinselves henceforward to the quantity of house lots and
lands within the said fonr leagues, without exceeding, in any manner,
said limits, leaving free and open the exclusive jurisdiction belonging
to the managers of the royal hacienda respecting the sale, composition,
and distribution of the remainder of the lands in the respective district.
And that this order mnay be punctually observed and carried into effect,
you will circulate it to the captains and collmmandants of the presidios
of your province, informing me of having done so.
God preserve you many years.
Chihuallhua, Malrch 22, 1791.
PEDRO DE NAVA.
Senor DON JOSEPH ANTONIO ROMAN, Monterey.
SECULARIZATION OF MISSIONS.
Decree of the Spanish Cortes, 13th September, 1813.
That the settlements of Indians converted to Christianity by the monks
in the provinces beyond sea, shall be delivered to and remain at the
disposition of the ordinaries (bishops.)
I. All the new  reductions and  doctrimas (missions) of ultramarl
which are in charge of missionary monks, and shall have been  ten
years reduced, shall be immediately delivered to the respective ecclesiastical ordinaries, without any excuse or pretext, according to the laws
in that respect.
* The following is the article referred to, to wit, Art. 81, of the Ordinanza de Intentdentes,
of 4th December, 1786. (The preamble to this ordinance divides the kingdom of New
Spain into twelve intendencies, expressly excluding, however, the Californias.)
"The intendants shall also be the exclusive judges of the causes and questions that may
arise in the district of their provinces, about the sale, composition, and granting of royal
lands, and of seigniory, it being required of their possessors and of those who pretend to
new grants of them, to produce their rights and institute their claims before the said intendants, so that these matters, being legally prepared in conjunction with a promoter of
my royal treasury whom they may appoint, may be decided upon, the opinion of the
ordinary assessor being heard, and they may admit appeals to the superior junta de hacienda; or, if the parties interested do not appeal, they shall communicate to said junta, for
its information, the original proceedings, when they shall judge these proceedings ready
for the issuing of the title; which, after examination by the junta, shall be returned, and
the title issued, unless some difficulty occur; and then, before executing it, the measures
found to be neglected by the junta shall be observed. The proper confirmations shall, in
consequence, be furnished by the same superiorjunta, in due time, which shall proceed in
the case, as also the intendants, their sub-delegates, and others, in conformity with the
royal regulation of the 15th of October, 1754, as far as it may not be opposed to the requirements of this ordinance, without losing sight of the wise dispositions of the laws
cited therein, and of law 9th, title 12, lib. 4."




55
II. Botlh these doctrinas, and all others that shall be erected into
curacies, shall be provided canonically by the said ordinaries, observing
the laws and cedulas of the royal. advowson, with fit mninisters of the secular clergy.
III. The missionary monks, relieved from the reduced pueblos,thus
delivered to the ordinary, shall apply themselves to extend religiotl in
other unreduced places, for the advantage of their inhabitants, proceeding in the exercise of their missions conformably to the direction in
paragraph 10, art. 335, of the Constitution.
IV. The reverend bishops and ecclesiastical prelates, in virtue of the
ordinary jurisdiction which belongs to them, shall have power, as they
may judge proper, to appoint capable monks temporarily to fill the curacies of the secular parishes, where it may be necessary; but provided
that they shall never aspire to the possession of the parish, nor continue
in its service longer than the ordinary may require, conformably to the
laws.
V. [Provides that, until otherwise ordered, the monks then in charge
of curacies should continue the same.]
VII. The missionary monks shall cease immediately  from  the
government and administration of the property of those Indians, leaving
to their charge and election to dispose of it through the medium of their
ayuntamientos, and with intervention of the superior political authority,
to name among themselves persons to their satisfaction, and who shall
have most intelligence to administer it; the lands being distributed'and
reduced to private properly, conformably to the decree of 4th January,
1813, on reducing vacant and other lands to private ownership.
Decree of the Ylexzican Congress, of 17th August, 1833.
On the Secularization of the Missions of Upper and Lower California.
ART. 1. The Government will proceed to secularize the missions of
Upper and Lower California.
Art. 2. In each of said missions a parish shall be established under
the charge of a parish priest of the secular clergy, with a salary of from
$2,000 to $2,500 per annum, at the discretion of the Government.
Art. 3. These parish curates shall not exact any emolument for marriages, baptisms, burials, or any other religious functions.  With respect to fees of ceremony. they may receive such as shall be expressly
stipulated in the tariff to be formed for that object, with as little delay
as possible, by the reverend bishop of the diocess, and approved by the
Supreme Government.
Art. 4. The churches which have hitherto served the different mis.sions, and the sacred vessels, ornaments, and other appurtenances now
belonging to them, shall be assigned to those new parishes, and also




such buildings annexed to the said churches as the Government may
deem necessary for the use of said parish.
Art. 5. The Government will order a burial ground to be erected
outside of each parish.
7' Art. 6. There shall be $500 per annuml assigned to each parish as a
donation for religious worship and servants.
Art. 7. Of the buildings belonging to each mission the most appropriate shall be designated for the habitation of the curate, with the addition of a lot of ground, not exceeding two hundred varas square, and
the remaining edifices shall be specially adjudicated for a court-house,
preparatory schools, public establishments and workshops.
Art. 8. In order to provide quickly and efficaciously for the spiritual
necessities of both Californias, a vicar-generalship shall be established
in the capital of Upper California, the jurisdiction of which shall extend
to both territories; and the reverend diocesan shall confer upon its incumbent the necessary faculties as fully as possible.
Art. 9. For the dotation of this vicar-generalship $3,000 per annum
shall be assigned, but the vicar shall be at all the expenses of his office,
and not exact, under any title or pretext, any fee whatever.
Art. 10. If for any reason this vicar-generalship shall be filled by
the parish curate of the capital of any other parish in those districts, said
curate shall receive $1,500 yeaily, in addition to the donation of his
curacy.
Art. 11. No custom obliging the inhabitants of California to make
oblations, for whatever pious uses, although they may be called necessary ones, can be introduced.
Art. 12. The Government will procure that the reverend diocesan
himself concur in carrying into effect the object of this law.
Art. 13. When those new curates are named, the Supreme Government will gratuitously furnish a passage by sea for themn and their
families, and besides that may give to each one from $400 to $800 for
their journey by land, according to the distance and the family they
take with them.
Art. 14. Government will pay the passage of the missionary priests
who return to Mexico; and in order that they may comfortably reach
their convents by land, it may give to each one from two hundred to
three hundred dollars, and, at its discretion, what may be considered
necessary for those to leave the Republic who have not sworn to the
independence.
Art. 15. The Supreme Government will provide, for the expenses
comprehended in this law, out of the product of the estates, capitals,
and revenues at present recognised as the piety fund of the missions
of California.
Decree of 26th November, 1833, to make effective the secularization
of the missions in Californias.
The Government is authorized to take all measures that may assure
the colonization and make effective the secularization of the missions



57
of Upper and Lower California, and to this effect to use, in the manner
most convenient, the estates for pious uses (fincas de obras pias*) of
said territories, for the purpose of facilitating the resources of the com~mission and families who find themselves in this capital destined to the
Californias.
Extract from a "Letter in relatin to Mission to  Missions," sent by the Viceroy,
the C'onde de Revilla Gigeda, to the King, and dated at lMlexico,
27th December, 1793.
MISSIONS OF CALIFORNIA.
7. Their establishment commenced in the year 1697, by the monks
of the extinguished company of Jesuits, and at the time of the expulsion of that Order there were existing fifteen missions.
8. Three were suppressed by order of the Sefior Marquis de Sonora;
the remainder were delivered in the year 1767 to the Franciscans, of
the apostolical college of San Fernando, of this capital; and in the year
1772 the Dominicans, who came from Spain for that purpose, received
them and continue to administer them.
9. In their time they have added five, and the Franciscans or Fernandinos have founded those of New California, and occupied the
posts of San Diego, Monterey, and San Francisco.
10. According to the preceding notes it will be found that there are
established in the peninsula of Californias thirty-one missions; twelve
founded by the extinguished order; five by the Dominicans, and the
remaining fourteen by the Franciscans of San Fernando.
11. Those of the old establishment were reduced in 1767 to the
territories which measure from the Cape of San Lucas, in latitude
220 48", to latitude 300 30", where is found the mission of All Saints;
but those of the new erection have extended to latitude 370 56', where
is that of San Francisco, and covering the whole coast for the space of
more than one hundred leagues.
12. It does not appear that any judicial formality has been observed
for the designation of limits or boundaries of each mission; the extinguished order established them arbitrarily, without any other rule than
that of a prudent consideration to the distance from one mission to
another, in proportion as the spiritual conquests went forward; and this
mode has continued the practice unto the present time in all the peninsula.
26. The income, revenue, or stock of such mission settlement is
confined to the tillage of the field, and raising of cattle, the harvest and
increase of which the Indians enjoy in community, under the adminis*The "piety fund of the Cal'ifornias," consisting of large estates in different provinces
of New Spain, originally donated by their owners to the Jesuits for the conversion of the
natives of the peninsula of Californias.
5t




v58
tration of the missionaries, (who truly constitute their spiritual and
temporal fathers,) in such manner that the Indian labors when so directed, and the product of his toil is returned in the abstemious sustenance and humble clothing of those families, and the overplus applied
to the divine worship and encouragement of the said pueblos.
27. The missionary fathers keep their accounts in formal books; the
prelate or father president examines them in his visits, and at the end
of a year remits extracts from them to the governor of the province)
to be forwarded to the viceroy, who approves them if they be correct,
or otherwise makes the proper order upon them.
31. It is already stated that in all the ancient California they are in
community, and that consequently there have not been made any distribution of lands to the Indians; nor is it possible, for neither do they
desire property, nor would they preserve or improve it, if not compelled
to labor by the missionaries.
34. As to the missions of the new or Upper California, they are of
modern creation, the oldest scarcely counting twenty-four years, and
their Indians still find themselves in the rank of neophytes, but well
trained in a rational and' christian life.
37. In each one reside two Franciscan monks, of the college of San
Fernando, and named by its guardian and council, giving notice to
the viceroy of those who are sent thither, and asking his permission for
those who wish to retire and return to the college for any cause.
38. They do not receive any perquisites or duties; but each missionary is assisted with a salary of four hundred dollars a year from the
piety fund, out of which is likewise paid the sum of one thousand dollars to the Franciscans, and the same to the Dominicans, for each new
mission they respectively establish.
39. With this assistance, and that which the missions already established are able to afford, together with the pains and apostolical care
of the missionaries, and the personal labor of the Indians, the churches
and houses of the settlement are built, the ornaments and sacred vessels
bought, with agricultural utensils, and, finally, the seed for sowing, and
a small stock of cattle.
44. Hitherto there has not been made, nor is it now time to make,
any allotments of lands in the missions; the sowings are in community, and the harvests and increase of the cattle are expended in the
maintenance of the said Indians, in the encouragement of the pueblos,
and in divine worship.
MISSIONS OF NEW MEXICO.
119. This province was discovered and conquered in the year 1600,
and the monks of San Francisco began the establishment of the missions.
120. Their progress was so happy and rapid, that in the year 1628
was founded the custodia,~ which still exists with the name of the con~ Citstodia-among the Franciscans, the union of a number of convents not sufficient to
form a province.




version of St. Paul, and in the year 1630, it was proposed to his Majesty to establish a bishoprick, as there had already been reduced 86,000
Indians of different nations.
121. Afterward, according to the confused accounts of those times,
the Indians revolted, scandalous disagreements arose between the missionaries and the royal judges, and the Governor, Don Luis de Rosas,
was assassinated, which painful news was related to the King by the
viceroy, in the year 1640.
122. Whether from that bad example, or from the vexations suffered by the Indians, they were again excited in the year 1650, to the
extent that the reduced nations united hostilities with those who had
remained heathens, and the province was entirely lost in the year 1680;
the Spaniards retiring to the village of Paso del Norte with some Christian Indians, and with the Governor Don Antonio Otermin.
123. The successor of the last named. Don Domingo Girona Petris
de Cruzat commenced the restoration of New Mexico, and the Marquis
de las Navas, who relieved Girona from the governorship of the province, accomplished it entirely.
124. This province extends, according to the latest, and least doubtful observations, from latitude 340 to 37-0, and by a prudent compution from 268~ to 2720 of longitude, counting from the meridian of
Teneriffe; its confines being at the south the province of New Biscay
and Sonora; at the north, the mountains of Taos and rancherias of
the Vistas; at the east, by the plains of Cubo (lianos del Cubo,) which
extend many leagues, until they terminate in the territories of Texas
and Louisiana; and at the west, with the Indian tribes, Comines, Moquis, Navajos, Yurnas, Painchis and Moachis.
125. The Rio Grande del Norte, whose source is still unknown,
traverses the whole of this province, fertilizing its best settlements, as
far as the Paso del Norte, where it runs to the southeast by the frontiers
of New Biscay and Coahuila, emptying into the sea in the colony of
New Santander, with the name of the Rio Bravo.
126. In the year 1780, there were registered 20,810 persons in the
eighteen jurisdictions which compose the province, the capital of which
is the town and presidio of Santa F6.
139. In the province of New Mexico, the pueblos of Indians are
governed by alcaldes of their own nation, whom they call governors,
and by other subordinate officers.
142. Those of each pueblo have in their charge the matters of police, regimen and justice, exercising their functions very often arbitrarily.
143. There are neither goods of community in the missions, nor
formal allotment of lands. Each family counts for its own that which
its ancestors possessed, occupying it and cultivating it according to their
necessities or their foresight.




60
GRANTING OF ISLANDS ON THE COAST OF CALIFORNIA.
Letterfrom the minister of the Interior to the Governor of California,
respecting the granting of certain islands to Mexican citizens.
"His excellency, the President, being desirous on t he; one hand
to advance the population of the desert islands adjacent to that department, which form a part of the national territory, and on the other to
hinder the many foreign adventurers from benefiting themselves with
these considerable portions, whereby they may do great injury to our
fisheries, commerce, and other interests, has been pleased to resolve that
your Excellency, in conjunction with the departmental junta, shall
proceed with activity and prudence to grant and distribute lands on said
islands, to the Mexicans who may solicit them, recommending to you
in particular the citizens Antonio and Carlos Carrillo, for their useful
and patriotic services, in order that you may attend to them in preference, and grant them exclusively one of said islands which they themselves may select."
Extract from an act of the Territorial Deputation of California,
6 August, 1834.
"Art. 1. The ayuntamientos shall make application, through the
usual channels, requestinglands to be assigned to each pueblo for egidos,
(common lands) and propios, (municipal lands.)
"Art. 2. The lands assigned to each pueblo for propios shall be subdivided into middling sized and small portions, and may be rented out
or sold at public auction, subject to an emphiteutic rent, or tax, (en
senso enjiteutico,) the present possessors of lands belonging to thepropios
will pay an annual tax, to be imposed by the ayuntamiento, the opinion of three intelligent and honest men being first taken.
"Art. 3. For the grant of a house lot for building on, the parties interested shall pay six dollars and two rials for each lot of one hundred
varas quare, and in the same manner for a larger or smaller quantity,
at the rate of two rials for each vara front."




60
GRANTING OF ISLANDS ON THE COAST OF CALIFORNIA.
Letterfrom the minister of the Interior to the Governor of California,
respecting the granting of certain islands to Mexican citizens.
"His excellency, the President, being desirous on t he; one hand
to advance the population of the desert islands adjacent to that department, which form a part of the national territory, and on the other to
hinder the many foreign adventurers from benefiting themselves with
these considerable portions, whereby they may do great injury to our
fisheries, commerce, and other interests, has been pleased to resolve that
your Excellency, in conjunction with the departmental junta, shall
proceed with activity and prudence to grant and distribute lands on said
islands, to the Mexicans who may solicit them, recommending to you
in particular the citizens Antonio and Carlos Carrillo, for their useful
and patriotic services, in order that you may attend to them in preference, and grant them exclusively one of said islands which they themselves may select."
Extract from an act of the Territorial Deputation of California,
6 August, 1834.
"Art. 1. The ayuntamientos shall make application, through the
usual channels, requestinglands to be assigned to each pueblo for egidos,
(common lands) and propios, (municipal lands.)
"Art. 2. The lands assigned to each pueblo for propios shall be subdivided into middling sized and small portions, and may be rented out
or sold at public auction, subject to an emphiteutic rent, or tax, (en
senso enjiteutico,) the present possessors of lands belonging to thepropios
will pay an annual tax, to be imposed by the ayuntamiento, the opinion of three intelligent and honest men being first taken.
"Art. 3. For the grant of a house lot for building on, the parties interested shall pay six dollars and two rials for each lot of one hundred
varas quare, and in the same manner for a larger or smaller quantity,
at the rate of two rials for each vara front."