The Universalist. [volume] (Chicago [Ill.]) 1884-1897, 1886-11-27

ternal dissensions and consequent pow
ertv.-longing eyes we're turned toward
the missions in California, which, re-
moved from all political disturbances,
had grown rich, and in property that
could easily be appropriated. The ques-
ton, therefore, of converting the mis-
sions into towns was agitated /; and in
1924 the Mexican Congress enacted a
law for the disposal of the public lands.
Naturally, this did not meet with the
approval of the Fathers. and it was not
carried into practical effect until 1884,
when an act, called the Secularizat1on
act, was passed. In accordance with
the provisions of this act, the land
owned by the missions was thrown into
the public market for sale, and in less
than six months it had passed, mainly,
from the hands of its virtual owners.
Small tracts Immediately surround
ing the mission houses were left in the
possession of the Fathers and the In
dian neophytes, but in 1915 and lo4e'
after a nominal two months notice, they
were sold, and in 1852, Captain Wilson
says the alleged purchasers were urg-
ing their claims "before the Commits
sioners of Land Titles" Even when
the sale of these lands was decided
noon. the wise and humane Spanish
laws were in effect, by the provisions OF
the act of Secularization, to be carried
out. No lands upon which Indian vii
lagos were built could be sold; and they
were to have their just proportion OF
land for the raising of sheep and cattle
Referring to the return of many of the
Indian neophytes to the tribal relation,
Captain Wilson says, "This state OF
things impartial history will attribute
to the secularization of the missions, in
the manner it was effected, and the
multitude of irregular and illegal acts
consequent upon that unfortunate meas
ure. For none can doubt that then
the Indians were ripe for the last
achievements in that experiment of
which they had borne the burden 80
many years. Common tradition, even
now, whether among Indians or whites,
tells of the beauty, order, and comfort
with which everything went on at a
the charming simplicity and
decorum of the Indians; their industry,
honesty, and intelligence. 1t was a
Manchester or Lowell on small scale.
The Fathers gave no sign of corruption
in their dealings with their people.
They must have had too little conf
dence in the white community around
them; and, perchance, foresaw the
storm ahead, and fancied they alone
could brave it, aud shield their little
ones from its rage"
The treaty of Guadalupe Hidalgo, IN
1913, which gave California to the Unit
ed States, provided that grants of land,
made under the Spanish Mexican laws,
should be respected; and that such
lands should be, by the United States,
confirmed, surveyed, and patented to
the grantees or their legal representa-
tives. We have seen how secure the
Spanish king and the Mexican republic
had made the titles of the Indians to
their lands; and how by this provision,
the security became of triple force.
The construction put by the Supreme
Court of the United States, upon these
Spanish laws, was certain and conclu-
siye. 1t said: ''There can be no doubt,
then, that under the Spanish laws,
these Indians of whom we treat have a
right to their villages and pasture lands,
to the extent of their wants" as their
common property, by perpetual right
of possession, considered with refer
ence to Indian habits and modes of
life." Peters U. S. Reports.) The
people of California, at once, and per-
haps unconsciously, proceeded to stul-
tify and render null these protective
laws. Ga April %, 1850, they passed
the following law: persons and pro-
prietors of lands on which Indians are
residing, shall permit such Indians
peaceably to reside on such lands, I'M
molested, in the pursuit of their usual
avocations for the maintenance of them
selves and families; provided the white
person, or proprietor, in possession of
such lands may apply to a Justice of the
Peace in the township where the Indi-
ans reside, to set off to such Indians a
certain amount of land, and on such APP
plication, the Justice of the Peace shall
set off sufficient amount of land for
the necessary wants of such Indians,
including the site of their village or
residence, if they so prefer it; and in
no case shall such selection be made to
the prejudice of such Indians, nor shall
they be forced to abandon their homes
or villages where they have resided for
a number of years and either party
feeling themselves aggrieved, can ap-
peal to the County Court from the de-
cision of the Justice; and then, when
divided, a record shall be made of the
lands so set off in the court 80 dividing
them, and the Indians shall be permit
ted to remain thereon until otherwise