The New York herald., 1850-04-29
1873, On reducing vacant and other lands to private

II has also been supposed, that the act above al
iuded to Ct the Mexican Congress, (act OF i!'h Aa
gust, IosJ,) was the tTst assertion by the Mexican
govinirent of property in the missions, or that
they hy that act hrst became (or came 10 be con-
sidercd) national domain. Bet this is likewise an
errcr. The Mexican government has always as
Eeredthe right of property all the missions of
the county, and do not think that the suppostion
he's ever been raised in Mexico that they were the
property OF The missionaries or the church.
The general Congress of Mexico, in decree OF
the 4th August, 1924, concerning the public reve-
nue. declales the estates oi the inquisaon, as wen
us Il ienporaites TO be the property of the ma
lion; Chat is, no doubt, in contradistinction from
property of the Satcs-naklng no question OF their
being public property) This term would include
not only The mission estabis shments, but all rents,
profits, and Income the monks receive from them.
A like act of the 9Th July, 1881. again EMBRACES
the estates Of the ingusition and temporalitics
national property, and places them with "other
| rural and suburban cstates,' under charge OF
| director general The executive regulations for
cocnizg the territories may raise idea of terri
icria and native property in them, but il puts
OF the question any proprietary right in the mission
aries.
The I7th article Of these regulations, executive
| regulations for colonization Of the serritosies,
adopted 2lst November, 1881 relates to the mis-
sons, ard directs that " la those territories where
| there re missions, the lands which they occupy
shall not at present be colonized. until it be de-
ternined if they ought TO be considered as property
Of the settlements of the neophy and
| Mexican settlers"
The subsequent acts and measures of the general
| government Of Mexico in direct reference TO mis-
sions, and affecting those Of California, are briefly
decree Of the Mexican Congress of 10Th No
vember, 1885, in part analogous 10 the decree be-
ore quoted, of the Spanish Cortes of September,
1913, directing their general secularizaion, and
containing these PROVISIONS
| l. The government shall proceed 10 secularize
the missions of Upper and Lower California.
2 In each of said missions shall be established a
parish, served by curate of the secular clergy,
| with dotaton of Two thousand 10 two thousand
five hundred dollars, at the discretion OF the 60
| yeInment.
and ornaments, shall be devoted TO the of the
| PARISH
| 5. For each parish. the government shall direct
the construction Of a cemetery outside of the VII
! I. or the buildings belonging to each mission,
the most fitting shall be selected for the dwelling OF
the curate, with LOT of ground not exceeding two
hundred varas square, and the others appropriated
| fer municipal house and schools
On the I'd December, lS53 decree was publish
| ed 10 the following eiect:-
| 'The government is authorized to take all mea-
| sures that may assure the colonization, and make
effective the secularzaton Of the missions of Upper
| and Lower California, being empowered TO this ef-
feet use, in the most expedient, the fncas
dc o6yas pas (poperty of the pety fund) of those
territories, 10 aid the transportation Of the commits
sion and families who are now in this capital des-
| tined tliiher."
| The commission and emgrants spoken of in this
| circular, were colony under the charge of Don
Jose Maria liar who was sent the following spring
| (of ls3i) director of colonization, with nstruc-
| tions 10 the following effect: That he should 'make
beginning by occupying all the property pertinent
10 the missions of both Californias; that in the
Elements TO be formed, special care should be taken
TO include the indigenous (Indian) population,
| mixing them with the other inhabitants, and not
permitting any settlement Of Indians alone; that
typographical plans should be made of the squares
| which were 10 compose the villages, and in each
square building lots be distributed the colonist
| families that outside the villages there should be
distributed TO each family OF colonsts in full do
mnon Of ownership, four cabaHeriast Of irrigable
land, or eight, If dependent on the seasons, six
teen, if adapted TO stock raising, and also live stock
and agricultural implements; that this distribution
made (out of the movable property of the mis-
sion,) one half the remainder of said property
should he sold, and the other half reserved on
count of govcrnmet, and applied 10 the expenses
OF worship, maintenance of the missionaries, sup
port of schools, and the purchase Of agricultural
implements for gratuitous distribution TO the colo
On the 18th April 1884. the Mexican Congress
passed an act to the following eflect;-
]. That all the missions in the republic shall be
secularized.
=. That the missions shall be converted into
curaces, whose limits shall be demarked 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.
The 1h November, 1885, an act OF the Mexican
Congress directed, that "untl the curaies men,
toned in the second ar,icle Of the law OF nth
August 1888, (above quoted,) should take possess
sion, the government should suspend the ecuiion
of the ether articles and maintain things in the
dtion they were before said law"
have, far. referred 10 these various legislative
and governmental acts IN relation 10 the missions,
only 10 show, beyond equivocition or doubt, the
atlon IN which the government stood towards them,
end the rights Of ownership which il exercised over
them. My attention was next directed To the
changes that had taken place IN the condition of
those establishments, under the various provisions
for their secuaIzation and conversion into private
property.
cnder the act Of the Spanish Cories of Septeni-
her, ISIS, all the missions in New Spain were lia-
Die 10 be sccuaizcd that il, liheir temporgli,ies
delivered to lay administration; then Character as
missions taken away by their conversion iato par
lshcs under charge OF The secular clergy; and the
lands pertinent 10 them TO b. disposed OF as other
public domain. The question Of putting this law
In operation with regard to the missions in Caliior
Ri was at various times agated in that province.
and IN ESQ the then Governor, Echandria, pull
lished project for the purpose. bat which was de-
feaed iy the arrival of new Governor. Victoria,
almost al the instant the plan made public.
Victoria revoked the decree of his predecessor, and
restored the missionaries 10 the charge Of the csta
blishnitnis, and IN then authority over the Indians.
Subsequent 10 that tinle and previous 20 the act
Of srcularizaion Of August, ISl3, nothing further to
that end appears To have been done in California.
l ndrr that Gc, The fret step taken by The Central
Government was the expedition Of Hljar, above
ticod. But the Instructions delivered To him were
not fulfilled. Hiiar had been appointed GoyemorO OF
California. well as Director of Colonization with
directions 10 relieve Governor Figueroa. After lii
iar's departure from Mexico, however, revolution
in the SupIene Government induced lIijar's ap-
poinilucnf political governor 10 be revoked; and
express was sent TO California 70 announce this
change. opd with dir ciions 20 Figueroa TO con-
tinue Ia the discharge Of the governorship. The
courier arrived IN advance OF liiiar, who found
himself. on landing. Tin September, lSSi,) de-
prived OF the principal authority IA had expected
TO exercise. Before conserving 70 cooperate with
IiiaT in the laiter's instructors concerning the
missions. fgueroa consulted the territorial depl-
l.ItaH
uf the vast property included IN The mission estates
and To n settle nent in which the Indian pupils
had undoubtedly equitable clam--ino liiJar's
possession and contende that his authority, la the
matter Of the missions. depended on his commits
sion as governor. which had been revoked. and
not ON his appointment unknown to the law as
Director Of colonization. As conclusion To the
concstaton which followed, the Governor and