The New York herald., 1850-04-29


We're also brought from the neei.5oring prosaees
of Sonora and Sinaloa, and the towns OF SIN Jose,
Ut the head of the Bay Of San Francisco aud Of Los
-Aasoies eight leagues from the port of San Pedro,
were early founded The governor exercised the prl-
vlege ofmahIng concessions oflarge tracts, and the
captains of the presidios were authorized TO grant
building lots, and small tracts for gardens and frms
within the distance If two leagues from the presi
dos Ey these means the mission tracts begda
respectively 20 have something like known bounda-
rles; though The lands they thus occupied We're still
not viewed, in any light, as the property Of the mis-
sionaiies, bat as the domain OF the crown, appro-
ated 10 the Use OF the missions while the state o,
The country should require H. and at The pleasure OF
the political authority.
II was the custom throughout New spain, (and
ether parts Of the Spanish colonies also) 10 secu-
laIize, or to subvert, the mission establishments at
the discretion OF the ruling political fnnc,onary
and TINS not as an act OF arbitrary power but m the
exercise Of an ACKNOWLEDGED ownership and as-
thoriiy. The great establishments OF Sonora, n ave
been told, were divided between white settlements
and settlements OF the Indian pupils neophyes of
The establishments. In Texas the missions were
broken up, the Indians dispersed and TIE lands
have been granted 10 white settlers. la New Mex
leo, am led 10 suppose. the Indian pupils ofihe
mis- ions, Their descendants still, ia great part
occupy the old establishments ; and other parts are
occupied by white settlers, in virtue OF grants and
sales The undisputed exercise of tfis authority
over all the mission establishments, and whatever
property was pertinent TO them, is certain.
The liability of the missions of Upper California,
the government, does not rest only on the argu-
ment 10 be drawn from this constant and uniform
practice II was inherent in their iolndaon-a
condition of their establishment A belief has pre-
vailed, and il is stated in ali the works have ex-
anlined which treat historically of the missions OF
that country, that the first which look ed 10 their
seeuarzetion and especially the first act by which
any Authority was conferred on the local govern
ment for that puuose, over their temperatures,
was an act OF the Mexican Congress ofI7th August,
| 1888. such, however, was not the case. Their
hal
| their foundation and | do not perceive that the
LEGAL authority tceriainly not the supreme author
n.y. has ever been without that lawful Jurisdiction
| over them. unless suhsequoAf To the colonization
| regulations of 2ist November IS2S. which tenn
porary exempted mission lands from colonization.
quote from letter Of instructions to the COM
| mandgnt of the new establishments of San Diego
| and Monterey" given by Vceroy Bucareh I7th
August. 1913.
''Art. 10. When it shall happen that mission is
| 70 be formed into pueblo (or viage), the COM
mandant WI. proceed TO reduce IT to the civil and
economical government, which, accoring 10 the
laws, rs observed by other villages of this king
| dem; then giving it name, and declaring for its
patron the saint under whose memory and protec-
| ton the mission was founded (Cuando llegue FL
caso de cue haya de formarse en- ell pueblo una
| mission, procedera el coIIimandante reducirlo al
gobielno civil ecOnOmco que observan, segun las
| leyes los demas de este reyno poniendoe nombre
cntCnces, declartndole por ttular el sano bajo
| cuya mcmora venerable protection sc funde la
msion)
The right then, TO remodel these establishments
N pleasure, and convert them into towns and vii
lagos, subject to the known policy and laws which
governed settlements Of that description,f we see
\ was principle of their foundation. Articles 7 and
10, Of The same letter of Instructions, show us also
that II was part OF the pdH Of the missions that
their condition should be thus changed that they
were regarded as the nucleus and bases of comml-
nunites 10 be thereafter emancipated, acquire pro-
preiary rights, and administer their own affairs;
and that IL was the duty OF the governor 10 choose
beir sites, and direct the construction and arrange
ment OF their edfces, with view TO their conve-
nient expansion INTO towns and cities. And not
only was this general revolution of the establish
ments thus early contemplated and provided for,
but meantime the governor had authority 10 reduce
their possessions by grants within and Without and
10 change their condition by detail The same
series ol instructions authorized the governor TO
grant lands. either in community or individually, to
the Indians OF the missions in and about their set
Elements on the mission lands and also 10 make
grants TO settlements OF white persons. The COVER
nor WIS likewise authorized at an early day To
make granis 10 soldiers who should marry Indian
women trained in the missions and the first
giant (and only one found Of rccordl, under this
authorizations was Of n Tract near the mission edi-
hce Ci Camel, near Monterey. The authorization
gwen 10 the captains Of IrCsidi0s To gran, lands
within two leagues of their posts, expressly
rcstrains them within thet distance, 10
leave the territory beyond-ihough all beyond
was nomirally attached TO one or the other of
the mssions-at the disposition OF the superior
guardians Of thee royal property. In brief, every
Of law applicable to the case. which have met in
this Investigation. go 10 show that the missions of
Upper California were never from the first, reckon
ed other Than government Establishments or the
founding cf them 10 work any change in the owner
ship oi the soil, which continued IN and at the dis
rosul 81 the crown, or lis representatives. This
position was also confirmed, If u had needed any
Confirmation, 10y the opinions Of HIGH legal and
official authorities in Mexico. The missions
speoking collectively OF priests and pups-hld the
"snfr"oi; The priests the administration Of il; the
whole resumable, or otherwise disPosable, at the
VIII oi The crown or ia representative
The object ci the missions was To aid in the settle
ment and pacihcaiion Of the country. aud TO con-
vert the natives To Christianity. This accom-
plished. settlements OF white people established,
and the Indians domicared in villages, so as to
subject them To the ordinary magistrates. and the
spingal care ol the ordinary clergy. the missionary
labor was considered fulfilled. and the establish
ment subject 10 be dissolved or removed. This
view of their purposes and destiny fully appears in
the tenor of the decree OF the Spanish Cories, of
18th September, l-l3t The provisions of that act,
and the reason given for n, devclope. in fact, the
whole theory Of the mission establishments. II
YVES 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
ia charge Of missions. not being delivered to The
ecC,csiasiical ordinary. though thiry, forty. and
hly years had passed since the reduc ion and con-
version of the Indians The Cortes, therefore,
dCcIctd.-
l. That all The new rcdurrioHcs a docfyinas Chat
Is, settlements of Indians newly converted. aud
not yet formed in parishes,) OF the provinces BE-
yond sea. which were in charge Of missionary
monks. and had been ten years subjected. should
bc delivered Immediately to the respective ccclesi-
astcal ordinaries. (bishors,) without resort 10
eny excuse or preteXi. conofmably 20 the laws and
Ceduas IN that respect
=. That as well these missions, (dCciriHas.) as
all others which should be erected into curacies,
should be economically provided 10y the said ordi-
naTics, observing the laws and cedulas of the
royel right Of patronacc.) with III ministers Of the
secular clergy.
3. 1hat the missionary monks. relieved from the
converted settlements. whit should I've delivered
io the ordinary. should apply themselves to the
extension of religion IN benefit Of the inhabitants
of other wilderness parts, proceeding m the cXer-
cise Of their missions conounably the directions
of PARAGRAPH ~. article 81. Of the Constitutions
.. That the missionary monks should discontinue
the government aud administration |
uf he property of The Indians, who should choose
ly means OF their agH,fam,fHfos with intervention
of the superior political authority. persons among