History of California, Volume III, Part 36

Author: Bancroft, Hubert Howe
Publication date: 1885-1890
Publisher: San Francisco, Calif. : The History Company, publishers
Number of Pages: 824


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Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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29 ;See vol. ii. p. 407, of this work.


30 Jan. 24, 1831, Martiarena at Tepic says to Capt. Guerra, in announcing his appointment as síndico, that Fr. Bernardino Pacheco is going to Cal. as a friar of S. Fernando college, which 'according to the agreement is to furnish 10 friars and the college of Zacatecas 11; the latter will be able to comply, but not the former, which has not more than 7 friars.' Guerra, Doc., MS., vi. 130. April 21, 1832, Carlos Carrillo, in Mex., says 10 friars from Zacatecas are going, as he is told by the min. of ceel. aff. and by the guardian, who have had great difficulty in obtaining so many. At S. Fernando there are only 4. Id., iv. 242-3. July 1Sth, Martiarena says the 10 friars are at Tepic and are to sail on the Catalina, to tako charge of the ceded northern missions. Id., vi. 129.


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MISSIONS AND SECULARIZATION.


what extent the Fernandinos in California knew or approved what was being done. Beyond the presence of the ten in Baja California, at the time Figueroa's soldiers revolted,31 there is no account of their journey, no official record of their arrival, and no list of their names. President Duran in a circular to the padres, January 23d, devoted to several general matters, but especially to the urgent calls of the college for aid, alluded to the cession as a matter in which he should lose no time, having already permitted the Zacatecan prelate to station his friars so as to learn the routine and prepare for a formal delivery of the missions. He hoped the change would enable some of their number to go to the relief of the mother college, and declared that no one might hope for a license from him to retire to any other destination.32 In assigning his padres to their different stations on and about Feb- ruary 13th, Prefect García Diego used the follow- ing formula: "Inasmuch as the supreme govern- ment of the Mexican republic has intrusted to our college some of the missions of Alta California, which hitherto the worthy sons of the college of San Fernando have administered with such honor; and it having been agreed between the venerable discretories of both colleges that there should be delivered to us the missions of the north as appears from orders which I have shown to the Very Rev. Padre Pres- ident Fr. Narciso Duran; therefore," etc. 33 Soon a concordat funeral was concluded between the two bands of missionaries, by which each agreed to say twenty masses for the soul of any member of the other band who might die; and thus the new order of things was permanently established.34


31 Dept. St. Pap., Ben. Cust .- H., MS., i. 35.


32 Duran, Cordillera ú los Padres en Enero de 1833, MS.


33 This in the appointment of Gonzalez to S. José. Corresp. de Misiones, MS., 39-41. García assumed formal charge of Sta Clara on March 6th. Sta Clara, Paroquia, MS., 19.


34 S. José, Patentes, MS., 190-1; Coronel, Doc., MS., 11-12; Arch. Obis- pado, MS., 52. General mention of the transfer in Mofras, Explor., i. 274, who states that the division was made in Cal. to avoid disputes, the old


321


TROUBLES OF THE NEW FRIARS.


The Zacatecanos were as a class by no means equal morally or intellectually to their predecessors, as will be apparent from their actions in later years; and be- sides this inferiority, there were naturally many diffi- culties to be encountered by them at the first, arising from their inexperience and a certain degree of pre- judice felt against them by neophytes and others. It did not take them long to learn that their lines had not fallen to them in places altogether pleasant; and in September we find their prefect begging for a cer- tificate of the miserably sad condition in which he and his associates found themselves, for exhibition to the government on returning to his college; for "we cannot subsist here longer, because the climate is de- stroying our health." 35


Their troubles in 1833, to say nothing of the cli- mate, were of a threefold nature, arising from the unmanageable character of the neophytes, from the difficulty of furnishing supplies to the presidio, and from Padre Mercado's conduct at San Rafael. The Indians did not behave in a manner at all satisfactory to their new masters, who resorted freely to the use of the lash. Vallejo, comandante of the San Fran- cisco district, made complaint to Figueroa on the sub- ject, and the latter to Prefect García Diego, with a notification that flogging was forbidden by the laws. The prefect seems to have made an carnest effort to remedy the evil; and though some of the padres were disposed to be obstinate, no special complaint is re- corded after the issuance of a pastoral letter on the subject on the 4th of July.36


Spanish friars not being able to tolerate the lax morals of the Mexicans. Alvarado, Ilist. Cal., MS., ii. 205, 209-10, says the Zacatecanos wanted all the missions; but the Fernandinos refused, and finally succeeded in convincing the stupid Mexicans that, as there were 21 missions and only 10 friars, a division was necessary! Wilkes, Narratire, v. 173, states that the new friars were in every way inferior to the old ones, and totally unfit for mission- aries. Vallejo, Ilist. Cal., MS., ii. 197-8; Robinson's Statement, MS., S; Ord, Ocurrencias, MS., 53-6.


33 Sept. 5, 1833, García Diego to Figueroa. Arch. Azob., MS., v. pt i. 41.


36 May 5th, 31st, Vallejo to Figueroa. Vallejo, Dor., MIS., ii. 41, 52. Tho complaint is of flogging at the 4 missions, nothing being said of S. José. HIST. CAL., VOL. III. 21


322


MISSIONS AND SECULARIZATION.


Throughout the year at frequent intervals Vallejo complained that the soldiers of his company at San Francisco were in great destitution, and that the mis- sions did not furnish sufficient food for the garrison, or even for the escoltas. He gave many details of the privations endured and of his personal efforts to obtain relief, and he expressed rather freely the belief that the Fernandinos would not have permitted the soldiers to suffer so.37 The complaints were forwarded by Figueroa to the prefect, who professed the best possible intentions, but pleaded poverty, and could not understand "why Don Guadalupe was making so much trouble about the matter." Figueroa issued an order December 1st, fixing the yearly amount of supplies to be furnished by the missions of Monterey and San Francisco jurisdictions, including live-stock with which to replenish the national ranchos. 33


Vallejo was also prominently concerned as complain-


Vallejo had an interview with the minister of S. Francisco, who said 'it would not be expedient at any time to discontinue flogging the Indians; for his part he would perpetuate this paternal correctional mode of punishment so fitting for that class of people. If he were forced to act otherwise, he knew the road by which he had come,' that is, he would leave the country. On being shown the law he replied, 'Lashes, lashes, and more lashes for these people so devoid of honor !' Vallejo admitted that at Sta Clara, Garcia Diego had good intentions, yet he allowed the majordomo, Alviso, to flog. May 13th, June 14th, F. to García Diego. Id., ii. 142, 153; Arch. Arzob., MS., v. pt i. SO. June 16th, P. Gutierrez to F., claiming that the Indians, having no shame or honor, could be controlled only by fear; and that the law was in- tended for more advanced people in Mexico. Dept. St. Pap., Ben., MS., ii. 12-14. June 30th, García Diego to F. Id., ii. 15; Arch. Arzob., MS., v. pt i. 80-1. He declares his intention to abolish flogging. 'Mi genio, mis ideas, mi sensibilidad, todo junto se opone a esta costumbre que jamas aprobaré.' Yet he has to work slowly. July 4th, Garcia Diego, Carta Pastoral a los pa- dres Zacatecanos contra la costumbre de azotar ú los indios, 1833, MS.


37 Letters of V. and F. Vallejo, Doc., MS., ii. 15, 45, 47, 99-101, 107, 116, 128, 148, 152, 179. Feb. 21st, F. to G. D. Dept. St. Pap., Ben. Mil., MS., 1xxix. 4. Apr. 15th, G. D. to F., explaining his difficulties, the poverty of the mis- sions, his efforts, and hopes of better success. St. Pap., Miss. and Colon., MS., ii. 308-9. May 25th, June 15th, same to same. Arch. Arzob., MS., v. pt i. 77-8.


38 Dept. St. Pap., Ben. Mil., MS., Ixxiv. 47-8; Id., Ben. Cust .- II., MS., ii. 78-81. The requisition was for 1,458 fanegas of wheat, 318 fan. beans, 936 arrobas of lard, 50 cargas of flour, $1,632 worth of soap, 834 pairs of shoes, . 139 blankets, 80 shields, 80 cueras, 80 cananas, SO musket-cases, S saddles, 200 broken horses, 34 pack-mules, 1,690 cows and heifers, 810 steers and bulls, 200 mares and foals, 20 oxen, 20 ploughshares, 12 axes, shovels, hoes, pickaxes, crowbars, 4 adzes, chisels, saws. To be contributed pro rata. The cattle for the ranchos were to be a loan to be repaid in 6 years.


323


PADRE MERCADO'S MISCONDUCT.


ant in the troubles with Padre Mercado at San Rafael. In May a controversy arose on the subject of mission discipline, the padre demanding the surrender of an offender arrested by the corporal of the escolta, who refused, by Vallejo's order, as he claimed. Mercado in an arrogant and threatening manner defended his authority to punish the neophytes as he pleased, while the comandante, though ordering the neophyte in this case given up, denied the padre's right to interfere in any but minor offences. 39 In August, Corporal Igna- cio Pacheco of the escolta, asking for meat for his men, was told by Mercado that "he did not furnish meat to feed wolves," whereupon Pacheco caused a sheep of the mission flock to be killed, and the padre was furious. In the resulting correspondence Mercado used very intemperate and insulting language both to Vallejo and to the soldiers, whom he repeatedly des- ignated as a pack of thieves. In turn he was charged by Vallejo with falsehood.4? Finally on November 16th a body of gentiles belonging to the rancherías of Pulia approached San Rafael, as they had been en- couraged to do by Figueroa through Vallejo, with a view to encourage friendly relations. Fifteen Indians of the party came under Toribio to speak with the pa- dre, who put off the interview until next day. Dur- ing the night a robbery was committed, which was at- tributed by Mercado to the guests, and they were therefore seized and sent as prisoners to San Francisco. On the morning of the 20th, the warlike missionary, fearing as he claimed that the gentiles would attack the mission to liberate their companions, sent out his majordomo Molina with thirty-seven armed neo- phytes, who surprised the strangers, killed twenty- one, wounded many more, and captured twenty men,


39 Letter of Vallejo May 9th, and of Mercado May 9th, 17th, in Vallejo, Doc., MS., ii. 43, 141, 149.


# Letters of Pacheco and Mercado Aug. 22d, and of Vallejo Ang. 23d, Oct. 18th, in Vallejo, Doc., MS., ii. 84, 110, 167-8. Vallejo advises Pacheco to act very carefully, to avoid all disputes, and to take no supplies without politely asking the missionary first.


324


MISSIONS AND SECULARIZATION.


women, and children, having on their side five wounded, one of the number mortally. This achieve- ment was coolly reported by Mercado to Figueroa in a letter of the 25th, with a request for reinforcements to aid in pacifying the rancherías. The governor was naturally indignant that his promises to the Indians had been thus shamefully violated, and with the advice of Asesor Gomez, sent the case to Pre- fect García Diego, the competent ecclesiastical judge. The prefect suspended Mercado from his ministry, summoned him to Santa Clara, and announced his intention to send him to his college for trial. Mean- while Vallejo, by Figueroa's orders, liberated Toribio and his companions at San Francisco; went to San Rafael with a military force and freed the captives there; and then made a tour through the rancherías to Solano, pacifying the excited Indians, and ex- plaining to them Figueroa's kind intentions and the wickedness of Padre Mercado, dilating on the latter topic very reluctantly-perhaps. In the middle of the next year, Mercado was freed from arrest and re- stored to San Rafael, two friars having been sent to make an investigation, and having learned from four- teen witnesses that the padre had nothing to do with the outrage!#1


Returning to the topic of secularization, or to progress in that direction during 1833, I have first to notice Figueroa's instructions on this point from the Mexican government -instructions that emanated from the same administration which had appointed Vic- toria, and similar in spirit probably to those given that officer, and certainly to those under which Echeandía


41 Mercado, Expediente de papeles tocantes á la matanza de Indios hecha por orden del P. Ministro de S. Rafael, 1833, MS., in Monterey, Arch., i. 32-7; Vallejo, Doc., MS., ii. 200; xxxi. 58; Arch. Arzob., MS., v. pt ii. 3; Dept. St. Pap., MS., iii. 137-8; Id., Ben., ii. 9-10; being communications of Mer- cado, Figueroa, Vallejo, Gomez, Sanchez, and García Diego, some of them duplicated in the different archives referred to. The affair is also briefly mentioned in Vallejo, Ilist. Cal., MS., iii. 74-5; Alvarado, Ilist. Cal., MS., ii. 211.


325


FIGUEROA'S POLICY.


had acted. The necessity for a change was recognized, and the duty of the new ruler, as of his predecessors, was to ascertain and report the best practical methods. Minister Alaman disapproved in the vice-president's name Echeandía's decree of 1831: both because he had gone far beyond his authority in issuing such a decree, and because some of its provisions were not in accord, as pointed out, with the law of 1813, on which it purported to be founded; and he ordered Figueroa, if Echeandía's order had to any extent been obeyed, to restore the missions to the position they held before its publication. Yet he was to study the question closely, to ascertain what missions were in a condition to be secularized according to the law of 1813, and to report such a plan as he might deem most expedient.42


Figueroa's general instructions from Minister Ortiz Monasterio, also bearing the date of May 17th, au- thorized him to go practically much further toward secularization than did the document just mentioned. Article 4 was as follows: "It being a matter of the greatest necessity that the neophytes rise from the state of abasement to which they find themselves re- duced, you will cause to be distributed to such as are fitted for it such fields of the mission lands as they may be capable of cultivating, in order that they may thus become fond of labor and may go on acquiring property; but there must be kept undistributed the lands necessary for the support of divine worship, schools, and other objects of common utility. By this means, for the mission system may be gradually


42 May 17, 1832, Alaman to F., in St. Pap., Miss. and Colon., MS., ii. 33- 5; Arch. Arzob., MIS., v. pti. 102-6. Carlos Carrillo wrote from Mex. in 1832 that no change would at present be made in the mission system. Carrillo, Cartas, MS., 231. As an evidence of F'.'s feeling on the mission system, I cite a recommendation in favor of a neophyte of S. Juan Capistrano, directed to Echeandia in 1826, from Sonora, in which he doubts not that E. 'will proteet those unfortunates who from necessity have to bear all the rigor of those friars.' Dept. St. Pap., Ben. Mil., MIS., Ivii. 21. F., in his Manifiesto, 2-3, notes his instructions, or their general purport. July 7, 1832, from Aca- pulco he promises the min. of rel. to obey his instructions on arrival. St. Pap., Miss. and Colon., MIS., ii. 36-7.


.


326


MISSIONS AND SECULARIZATION.


substituted another more adapted to the interests of the territory, the influence of the missionaries may be lessened until they retain only the spiritual adminis- tration, and thus in fact the missions may be secular- ized. Yet for all this, it is necessary to act with prudence and tact, so as to cause no discontent among the missionaries, with whom care is to be taken to preserve the greatest harmony; and to that end are enclosed private letters written by the vice-president to some of the most influential friars."


Before Figueroa's arrival in the middle of January 1833, I find no record that Echeandía had taken any steps to carry into effect his regulations beyond the appointment of comisionados;# but on January 29th, possibly before he knew of Figueroa's arrival, he issued a new regulation for officers of justice and police in the missions of San Diego district. The order dealt chiefly with the penalties for various minor offences and the routine duties of the local officers who were to inflict them. It was probably never enforced, and requires only a mention, with the remark that it was intended to relieve the Indians from arbitrary and excessive punishments. 45 Echeandía informed Figue- roa that he had been about to commence the distri- bution of lands at San Diego, but had suspended operations on hearing of the new governor's arrival. In the same communication he denounced the policy and acts of the friars, and urged Figueroa to adopt


43 Figueroa, Instrucciones Generales, MS., p. 33-4. In art. 5, Indian youths are required to be selected and sent to Mexico for education, with a view to make ministers of them later.


44 These were Capt. Portilla at S. Luis Rey, Alf. Ramirez at S. Diego, Alf. Rocha at S. Juan Capistrano, and Alf. Valle at S. Gabriel. Dept. St. Pap., MS., iji. 87, 89. Feb. 10th, the comandante of S. Luis calls for reenforce- inents to check disorders among the Indians arising from the distribution of lands. Id., Ben. Pref. y Juzg., v. 76.


4 Echeandia, Reglamento para los encargados de justicia y policía en las mis- iones del departamento de S. Diego, 1833, MS. An annexed note says: 'This regulation was ordered to be observed to restrain the arbitrary way in which missionaries, majordomos, and corporals of escolta caused the neophytes to be flogged, imprisoned, and outraged in other ways for any fault in the commu- nity labors or in other precepts which they were tyranically forced to observe. Echeandía.'


327


PROTECTION OF THE INDIANS.


striet measures in favor of the Indians. 46 Finally, on March 19th, Echeandia directed to Figueroa the long letter, already often cited, in which he fully reported and defended his past policy. In this com- munication, besides the arguments already noticed, he attempted, in a manner satisfactory to himself, to overthrow the reasoning of Minister Alaman against his famous decree, and he also proposed a scheme of converting gentiles on the frontiers, through the agency of old neophytes and military guards.47


Meanwhile Figueroa prepared to make the investi- gations required by his instructions. His views were for the most part identical with those of Echeandía, but he had of course to encounter the same obstacles which had prevented that officer during the carlier years of his rule from carrying out his instructions. He announced February 18th to Echeandia his policy and his general approval of the latter's views, stating that he hoped to begin the distribution of lands at San Diego in April. This was to be made known to the Indians, who were to be informed of the gov- ernor's purpose to protect their liberties but at the same time to allow no license.43 After some delay on account of illness, Figueroa went south at the end of


46 Feb. 7, 1833, E. to F., in Vallejo, Doc., MS., xxxi. 25, enclosing doeu- ments to prove the abuses committed by the friars of the south, and the malicious exaggeration of all they say against the proposed reforms. Each padre does as he pleases, on the excuse that to do otherwise he must have his prelate's orders, which are not given. The prelate is Duran, a Spaniard and pronounced royalist, only saved from expulsion by his intimate friendship with Victoria. The gente de razon pay no parochial tax, are entertained gratis by the friars, and receive loans and gifts from the missions; therefore the magistrate who attempts to protect the Indians is a shining mark for popular attack. Still he has been regaining little by little the civil authority usurped by the friars, and urges Figueroa to continue the same policy. On the same date were sent the complaints of a S. Diego Indian, Tomas Tajachi, against Argüello particularly, whom Ecleandia thought it best to replace with some officer less obnoxious to the Indians. Arch. Arsob., MIS., v. pt i. 74-6, 107-9.


17 Echeandiu, Carta que dirige & D. José Figueroa, 1833, MIS., p. 38-41, 56-7.


48 Feb. 18, 1833, F. to E., and also to Santiago Arguello. Vallejo, Doc., MS., xxxi. 26-7. F. evidently feared a revolt of the Indians. Feb. 10th, J. A. Carrillo writes that he has complied with orders as to sustaining the gov.'s anthority; and will go to S. Gabriel with the sindico of the ayunt. to harangue the Ind, and tranquillize them. Arch. Arcob., MIS., v. pt i. 70.


328


MISSIONS AND SECULARIZATION.


June. The result of his investigations was to convince him that any general measure of secularization would be ruinous, and that a change of system, though necessary, must be very gradually effected. So he reported to the Mexican government, and to Presi- dent Duran and Prefect García Diego in July.4? To the secretary of the interior he described the charac- ter and circumstances of the neophytes, representing them as totally unfit by nature and training for sud- den emancipation. To the prelates he stated that the partition of lands at San Diego would be only partial and provisional, though insisting that all quali- fied neophytes must be freed from missionary control, and calling for their views on the general subject. He also issued a series of regulations on gradual emancipation, to go into effect provisionally until ap- proved by the diputacion and by the supreme govern- ment.50


49 July 15, 1833, F. to Duran; July 20th, to sec. of int .; July 27th, to García Diego. Vallejo, Doc., MS., xxxi. 27, 33, 29. F. describes the neo- phytes as children, with a natural predilection for the customs of their ances- tors, and for a savage life without work. During their reduction they had learned, perforce, only to cultivate the soil imperfectly, to practise some rude industries, and to manage horses, besides receiving a slight and super- ficial religious instruction. They had been kept intentionally in the most abject ignorance, the padres having always opposed their education. If freed at once from their degrading servitude, they would soon from proprietors become beggars, having bartered their possessions for liquor and gewgaws. They would return to the wilderness and join the wild Indians in stealing cattle and horses for sale to New Mexicans and foreigners.


50 Figueroa, Prevenciones provisionales para la emancipacion de Indios redu- cidos, 15 de Julio, 1833, MS.


1. The gefe político will determine the number to be emancipated in each mission and the time at which it is to be done, appointing the comisionados deemed necessary to carry out these prevenciones. 2. Those emancipated will be those who have been more than 12 years Christians, married or widowers with children, knowing how to cultivate the soil or having some trade, and having 'application to work.' The selection is to be made by the comisiona- dos in conjunction with the ministers of cach mission. 3. The emancipated are to remain subordinate to the respective authorities, and to the padres of the mission who will exercise over them the functions of parish priest in all that concerns the spiritual administration. 4. The emancipated will receive seed for their first sowing, and for a year the customary mission rations; but during that time they must assist the mission during planting and harvest, and at other times as they may be summoned-not all at a time-by the min- ister and the alcalde acting in concert and so arranging the tasks that neither the mission work nor that of private individuals shall suffer. 5. The com- isionados in accord with the ministers will select a fitting spot as near the coast as possible, and between the missions on the high road, where the


329


.


REGULATIONS OF 1833.


Shortly before the prevenciones de emancipacion were issued, President Duran had written to Figueroa a strong letter on the subject, basing his opposition to emancipation on the state of things which he had found to exist at Los Angeles, and by which he claimed to have been undeceived and surprised. The


emancipated may form a pueblo if there be a sufficient number of families. There they will be given lots of a size corresponding to the amount of land at the place, where they may build their houses so as to form streets and plaza symmetrically as provided by ancient and modern laws. Lands will likewise be assigned for egidos of the pueblo. 6. The newly founded pueblos- according to decree of May 23, 1812-will remain for the present attached to the nearest municipality of military command, which, in accordance with laws and regulations in force and with these prevenciones, will care for the police, embellishment, order, and other objects of economical government in the pueblos intrusted to their care. 7. As the emancipated cease to be minors and enter upon the enjoyment of citizens' rights, the authorities will see that they are considered on terms of equality with others in elections and hold municipal offices according to fitness and good conduct. Still in order that they may be accustomed and taught to govern according to the federal sys- tem, there are to be appointed annually from their number an alcalde, 2 regi- dores, aud a síndico procurador, to be intrusted with the economical govern- ment of their pueblo, but to remain subject in the administration of justice, civil and criminal, to the judges of first instance and other superior tribunals. 8. They must immediately build houses in regular order on their lots, which they must enclose with fruit trees or other useful trees. 9. The minister and comisionado will assign the best land nearest the pueblo, where there will be given to cach family a field, and to the pueblo grazing lands and 2 caballerías of land for propios, all in the name of the Mexican nation. 10. Fields to be 200 varas square, and common grazing lands in proportion to the amount of live-stock up to 2 sitios or a little more. 11. Products of land and property of the propios to be applied to expense of worship, church, public buildings, schools, etc. Such property to be administered by a majordomo, elected for 4 years from the emancipated and watched by the alcalde and priest, who may remove him for canse, and who are to use the product of the property for the purposes specified, with the approval of the gefe político. Routine of annual reports and accounts. 12. The comisionado and priest to render full report with lists, etc., of the new foundations. 13. The gefe político to give titles to lands, and license to use a mark for cattle. 14, 15. Each family to receive from the mission property 2 mares, 2 cows, 2 ewes, with implements, etc., but all subject to variation according to the circumstances of the mission and judgment of comisionado and priest. 16. 100 cattle and 25 horses to be given for the propios if the mission has sufficient to do so; other- wise, what it can give. 17. Each individual will mark his animals; but for two years they are to be tended in common by persons appointed alternately by the alcalde for the purpose. For one year no animal can be killed or sold; nor afterwards all the stock of any individual. Penalty, a return to mission life. 18. They will enjoy in common the use of water, grass, wood, etc., on the lands assigned for egidos and pasturage. 19. The land to be the property of the individual to whom it is assigned, and of his heirs; but it cannot be divided nor transferred. 20. No mortgage, lien, or mortmain title can be imposed on the land, under penalty of confiscation. 21. The emancipated must aid in the common work of the pueblo on ditches, dams, corrals, ro- deos, constructing church and other public buildings. They must mark the boundaries of their fields with useful trees. 22. Land lett vacant by tho death of the owner without heirs reverts to the nation. 23. The emancipated




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