The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-04-26


oned other than government establishments, or the
founding OF them to work any change In the own
ership OF the SOIL which continued in and at the
disposal OF the crown, or its representative. This
position also confirmed, If it had needed any
confirmation, by the opinions OF high legal and
official authorities in Mexico. The missions
speaking collectively Of priests and pupils had the
ustfrict; the priests the administration OF 1t; the
whole resumable, or otherwise disposable, at the
will Of the its representatives
The object of the missions was to aid in the set
tlement and paoifcaton of the country, and to
convert the natives to Christianity. This accom-
plished, settlements Of white people established
and the Indians domiclated In villages, SO as to
subject them to the ordinary magistrates, and the
spiritual care of the ordinary clergy, the missionary
labor considered fulfilled, and the establish
ment subject to be dissolved or removed. This
view oftheir purposes and destiny fully appears in
the tenor Of the decree of the Spanish Cortes, of
18th September, lSl3+ The provisions of that act,
and the reason given for IT, develop in fact the
whole theory Of the missiok establishments. 1t
was passed ''in consequence OF complaint by the
Bishop elect of Guiana of the evils that afflicted
that province, account of the Indian settlements
in charge of missions not being delivered to the
ecclesiastical ordinary, though thirty. iorty and
version Of the Indians" The Cortes therefore, de-
creed:
/. That all the reducciones doctrinas, (that
is, settlements OF Indians newly converted, and
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
be delivered lmuedately the respective ecCleSl-
astcal ordinares, (bishops,) without resort to
any excuse pretext, conformably to the laws and
cedulas in that respect"
2. That well these missions, (doctrinas,) as
all others which should be erected into curacies,
should be economically provided by the said ordi-
| naries, observing the laws and ceduas of the
royal right of patronagc,) with tit ministers OF
| the secular clergy.
8. That the missionary monks, relieved from the
converted settlements, which should be delivered to
the ordinary, should apply themselves to the exten-
sion 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 1886, of the Constitution.t
| 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 ayiitamientos, with intervention
of the superior political authority, persons among
themselves competent to administer il; the lands
being distributed and reduced to private owner.
ship, accordance with the decree of the 4th jan
uary, 1913, reducing vacant and other lands to
private property."t
1t has also been supposed that the act above al
uded to of the Mexican Congress, (act of 18th Au-
gust, 1882 the first assertion by the Mexican
| government of property in the missions, or that
they by that act first became (or came to be con-
sidered) national domain. But this is likewise
error. The Mexican government has always as
serted the right of property over all the missions OF
the country, and do not think that the supposion
has 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., declares the estates of the nqusition well
all temporalities, to be the property Of the
ton; (that is, doubt, in contradistncton from
property of the making question of their
being public property This term would include
| not only the mission establishments, but all rents,
profits, and income the monks receive from them
A like act of the 7th July, 1881, again embraces
the estates of the inquistion and temporahtes
tional property, and places them with 'other rural
and suburban estates" under charge of director
general. The executive regulations for coonizing
the Territories may raise idea Of territorial and
native property in them but puts out Of the ques
tion any proprietary right in the missionaries.
The l7th article OF these regulations, (execu-
tive regulations for colonization of the Territories,
adopted 2lst November, 1921 relates to the mis-
sons and directs that, 'In those Territories where
| there are missions, the lands which they occupy
shall not at present be coonized, until il be de-
| termined if they ought to be considered proper
ty of the settlements of the neophyte
| and Mexican settlers"
The subsequent acts and measures Of the general
| government Of Mexico in direct reference 10 mis-
sions, and affecting those OF California, are briefly
as follows:
| decree Of the Mexican Congress Of 20th No
| vember, 1885, in part analogous TO the decree be-
fore quoted Of the Spanish Cortes Of September,
1913, directing their general secularization, and
containing these provisions:
l. The government shall proceed TO sccularize
the missions Of Upper and Lower California.
2. In each of said missions shall be established
parish, served by curate OF the secular clergy,
with dotation of two thousand 20 two thousan nd
five hundred dollars, at the discretion of the gov
| crnment.
| 4. The mission churches, with the sacred vessels
and ornaments, shall be devoted to the Of the
! parish
5. For each parish, the government shall direct
the construction OF cemetery outside of the viii
lage.
| I. OF the buildings belonging to each mission,
the most fitting shall he selected for the dwelling Of
the curate, with lot Of ground not exceeding two
hundred varas square, and the others appropriated
/ a house
On the I'd December, 1898, decree was published
| TO the following effect:
"The government is authorized TO take all mea-
| sures that may assure the colonization, and make
effective the secularzation Of the missions of Upper
and Lower California, being empowered 10 this ef
feet TO use, in the manner most expedient, the FIN
de ords pas (proPerty Of the piey fund.- those
territories, 70 aid the transportation Of the commits
| sion and families who now in this capital des
| tined thithcr."
The commission and emigrants spoken Of in this
circular, were colony under the charge Of Don jose
Maria Hjar, who was sent the following spring,
(of ls34.) director Of colonization, with instruc
tions to the following effect That he should 'make
oeglnn,ng oy ooSqPylng all the property pertinent
Elements 10 bc formed, special care should be taken
| 10 include the indigenous (Indian) population,
4 mixing them with the other inhabitants, and not
| permitting any settlement Of Indians alone; that
topogra phica plans should be made of the squares
/ which were 10 compose the villages, and in each
square building lots be distributed 10 the coonis
| s"Collection of DEGREES of the Spanish Cortes
reputed in force in Mexico" Mexico, 1929, p. lO6
The following is the clause referred TO, namely,
paragraph 10, art 1886, Constitution Of the Spanish
Monarchy, 1912:
"The provincial councils Of the provinces beyond
sea shall attend 10 the order, economy, and pro-
gress Of the missions for the conversion Of inhdel
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 10
| the government"
This clause of itself settles the character OF these
establishments, as a branch Of the public admins
1 tration.
t"Collection Of DEGREES Of the Spanish Cortes,''
&c, p. So. This decree provides:
! l. That call the vacant or royal lands, and town
reservations, (propios arbiiros lands reserved in
and about towns and cities for the municipal reve-
nue,) both in the peninsula and islands adjacent,
and In the provinces beyond sea, except such com
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"