History of California, Volume III, Part 37

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

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330

MISSIONS AND SECULARIZATION.

two or three hundred Indian vecinos of that town were beyond all comparison more unfortunate and oppressed than any in the missions. Not one had a garden, a yoke of oxen, a horse, or a house fit for a rational being. Instead of the equality so much talked about, the Indians swept the streets and did all the menial work. For offences scarcely noticed in others, they were bound naked over a cannon to receive 100 blows. They were in reality slaves, be- ing bound for a whole year by an advance of some trifle, since no Indian ever looked beyond the present. They had no ambition for liberty except for savage liberty and vicious license, which they would purchase at the cost of a thousand oppressions. Duran was convinced by experience and from conversation with practical men that emancipation would result in slavery or savagism to the Indians and in destruction to all their property; and he begged the governor to con- sider well the results before deciding a subject "worthy the wisdom of a whole congress."51 Yet on receipt of the regulations Duran offered no general opposi- tion to the plan, limiting his criticism to the recom- mendation of here and there a minor change in some of the articles, calling for no special attention. His closing suggestion was as follows: "If after three or four years it shall be noted that the emancipados depend on wild fruits for subsistence, that they allow their live-stock to decrease, that they neglect their planting and other labors in a spirit of vaga- bondage, or that they manifest no zeal or liking for a rational and civilized life, and if, being several times warned, they do not mend, then they shall be returned

who may neglect their work and stock, or dissipate them, or abandon their homes to give themselves up to vagabondage, idleness, and vice, will be sub- mitted anew to the mission by decision of the alcalde and priest, who must, however, give two previous warnings, with time to reform. 24. The authori- ties will attend to the exact euforcement of these regulations, and will be responsible for infractions if known and not prevented.

1 July 3, 1833, D. to F., in Arch. Arzob., MS., v. pt i. SS-91. On June 17th, D. had written on the unsatisfactory condition of the Indians at S. Diego and S. Luis, made worse by the pernicious example of Portilla's sol- diers. Id., v. pt i. 78-9. Also to same effect on July 19th. Id., 101.

331

PARTIAL EMANCIPATION.

to their missions," the author having of course little doubt that they would eventually be thus returned. 52

While Figueroa's plan was not so radical as to greatly excite the opposition even of friars, yet when he attempted its execution he encountered obstacles and found no popular enthusiasm in its favor. It was tolerated by the padres as an experiment not seriously interfering with the mission system, nor very destructive to their interest in the mission prop- erty, but sure to result in proving the utter incapac- ity of the Indians for self-government. But, for the same reasons largely, it was only passively approved by the gente de razon, who saw in it no direct avenue to the mission lands and herds and servants, while the neophytes themselves were ambitious only to have the property to dispose of as they pleased, and could see little that was attractive in pueblo life under authority, in a living that was to be carned, in having fields that must be tilled, and cattle that could not be bartered. The governor, however, made an carnest effort to give the Indians the civil liberty so little prized by them, but so valuable in the eyes of Mexican theorists. He visited the southern missions in person, exhorting the assembled neophytes and ex- plaining to them the advantages of the proffered freedom. Of one hundred and sixty families at San Diego and San Luis, qualified according to the stand- ard established, only ten could be induced to accept emancipation before Figueroa started on his return to the north1. 53 He persevered in his efforts never- theless, appointing captains Arguello and Portilla as comisionados. The results cannot be exactly known. Some families were emancipated at San Diego and San Luis, but not enough apparently to form a new pueblo; though they received lands, managed their own property, and became citizens.

52 Duran, Crítica sobre las Prevenciones de Emancipacion, 1833, MIS. Dated at S. Diego July IGth.

53 Oct. 5th, F. at Sta B. St. Pap., Miss. and Colon., MS., ii. 72.

332

MISSIONS AND SECULARIZATION.

At San Juan Capistrano the experiment was tried on a larger scale. All seem to have been emanci- pated, and lands were assigned at the mission, which thus became virtually a pueblo in October, under the prevenciones of July, and certain special supplemen- tary rules issued at this time. I find no evidence that any neophytes at all were emancipated this year north of San Juan. 54

In addition to his efforts in the direction of experi- mental and partial emancipation, Figueroa also kept in view his obligation to report on a plan for formal secularization. In August he called upon the dipu- tacion, and on the prelates of the two missionary

54 July 19, 1883, F. appoints Argüello comisionado for S. Diego, notifying also Duran. Vallejo, Doc., MS., xxxi. 31-2. Sept. 21st, Portilla to F. On the 23d he will begin the distribution to the neophytes of San Juan Capis- trano of their lands at S. Mateo, the best site on the mission tract. The Ind. of S. Luis will build their houses at once (where it is not stated), while the women harvest the melons. In another letter of the same date P. says the Ind. of S. Juan are not willing to go to S. Mateo, not understanding why their lands should not be assigned at the mission, where they have already well watered lots on which they are supporting themselves without aid from the mission. F. at first ordered a temporary suspension of the distribution at S. Mateo, and on Oct. 13th granted the petition of the Ind., ordered lands to be assigned at the mission under the rules, and issued some supplementary rules for their guidance. Id., xxxi. 38. On Oct. 5th, he had announced his intention in a report to Mexico to emancipate all the neophytes of S. Jnan, who seemed more civilized than others. St. Pap., Miss. and Colon., MS., ii. 72. It may therefore be supposed that these regulations were put in force. Sept. 27th, Argüello to F. Reports progress, or lack of it, at S. Diego and S. Luis. He says that of 59 heads of families at S. Diego only two wished for emancipation, unless they could have their property to do what they pleased with it; but there were 14 families of 33 persons from S. Dieguito who wished to join the two and form a pueblo, and he had granted their petition and was going to assign their lands. (It is not stated where, nor is there any evidence that he did so.) At S. Luis Rey he was even less snc- cessful; for ont of 108 families none desired emancipation, thongh 4 married men were somewhat non-committal on the subject. Id., xxxi. 36-7. Oct. 3d, M. G. Vallejo to F. Thanks God that the true owners of the missions begin to enjoy their rights. 'I have rejoiced from the bottom of my heart at the liberation of these poor people from the clutches of the missionaries. The great supply of men and dollars the padres have hitherto had will now, though rather late, come to an end!' St. Pap., Miss. and Colon., MS., ii. 318. Oct. 15th, in a decree on elections F. declares that the neophytes are not citizens, but the emancipados can vote. Dept. St. Pap., Ang., MS., xi. 12; Id., S. José, MS., iv. 131. Nov. 26th, F. directs Portilla to warn the 'towns- men' of S. Juan that they must do nothing but what is allowed in the regla- mento, and must obey orders sent to Portilla. The ayunt. of Los Angeles has nothing to do with the management of their property-only having jurisdiction in civil and criminal matters. P. is to instruct them in their rights and duties, and bid them pay no heed to idle rumors. Dept. St. Pap., Ben. Mil., MS., Ixxix. 12.

333

VIEWS OF PREFECT AND PRESIDENT.

bands, to state what missions were in a condition to be secularized under the law of 1813; what objections to secularization existed; and what would be the best means to be employed.53 The diputacion held no session this year, or at least has left no record of its reply; but both Duran and García Diego gave their views on the subject, the former in several communi- cations, the latter in a single one dated September 24th. There was nothing in the argument of the Zacatecan prefect that demands extended notice. He admitted that all the missions under his charge- except Solano, which lacked some weeks of the re- quired ten years-were subject to secularization ac- cording to the law of 1813; but he believed that law could not be applied to California without inevitable ruin to the missions and to the neophytes.56

President Duran of course opposed the change, and used to some extent the old arguments, with which, coming from him and others, the reader is familiar; but he also seems to have put himself as fully as pos- sible in the governor's place, and admitting for the time that a change was inevitable, to have given in good faith his views respecting the best means to be employed. He noted two great obstacles to be over- come: first, the natural apathy, indolence, and in- competency of the neophytes, acknowledged by every intelligent man who had any experience in the matter; and second, the burdens imposed on the missions by circumstances, chiefly that of supporting the troops

55 Aug. 2, 1833. St. Pap., Miss, and Colon., MS., ii. 96; Arch. Arzob., MS., v. pt i. 106.

56 García Diego, Parecer del Padre Prefecto sobre Proyecto de Secularización, 1833, MS. The law, he claims, was made 2,000 leagues away by men who had no knowledge of the character and needs of Californian Indians. Emancipated, the Ind. would return to nakedness and savagism. Good men would not be chosen for alcaldes. The govt had never secularized the missions of Tarahn- mara and Sonora, though older than those of Cal. The padres would content themselves with saying mass and confessing applicants. It is only by force that Ind. can be made to attend to religious duties. The bishop has no curates, and the friars would not serve as such, etc. It would seem that F. also addressed his inquiries to others; for Oet. 19th, Alf. José Sanchez re- ports S. F., S. José, and Solano as in a condition to be secularized, the In- dians being altogether competent. St. Pap., Miss. and Colon., MS., ii. 96.

334

MISSIONS AND SECULARIZATION.

as they had done for over twenty years. Of course the Indians would do nothing for the support of the troops after secularization, and if any of their proper- ty were taken by force, they would find means to do away with the rest and escape to the wilderness and savagism. Therefore, before effecting any radical change, the government must be sure respecting re- sources for the future. The padre disclaimed any opposition by himself or his associates from motives of interest to their college or to themselves. The law of 1813 was altogether inadequate, having been framed by men who knew nothing of the subject in its Californian phases. The ten-year rule should be ignored, and some other adopted, if the results of half a century's work were to be saved.

Three plans were suggested by Duran. The first was to establish a new line of missions and presidios east of the old line, secularize the old establishments into Indian pueblos, and give the neophytes their choice between remaining in the pueblos or being at- tached to the new missions. This would effectually pre- vent them from escaping from civilization, and would also free the territory from the danger of attack and outrage at the hands of renegade neophytes, hostile gen- tiles, and ambitious foreigners. This plan, though the best, was probably impracticable, because the national government could not be induced to bear the expense. The second plan, though not so expeditious, was sure, and would lead to the same result. It was to have a bishop appointed for California, a live man, not bent on leading a life of ease, and to give him the exclusive control of all tithes under the protection but not direction of the governor. With the means placed at his disposal, the bishop could in a few years have in operation a seminary of ecclesiastical education, a col- lege of missionaries, a cathedral, and all the necessary agencies for converting gentiles and furnishing curates. Then the missions might be secularized without risk. The third expedient, less desirable than the others,

335

DURAN'S PLAN.

was a partial and experimental secularization of cer- tain old missions, eight of which are named, where there have been no new conversions for many years. A portion of the property might be distributed, and the rest kept as a community fund, administered by stewards of their own choice, free from tithes, and de- voted to the support of the spiritual administration. The missionary should have for a time a fatherly control, and the alcaldes and majordomos should be responsible for losses and evils resulting from a failure to follow his advice. The neophytes should be made to understand that if they neglect their privileges they will be again put under the padres. With these precautions, if also the government will see that the gente de razon are obliged to set a better example, the evils of secularization may be reduced to a mini- mum.57

Figueroa had now become convinced that any general measure of secularization would be productive of great injury to the interests of California. In his report of July 20th, he had advocated a gradual emancipation, in which he thought the friars might be induced to cooperate.5> Now, having heard that a bill for secularization had been introduced in congress, he made haste to lay before the government, in his report of October 5th, the results of his own expe- rience and the views of Duran and García Diego, with whom he agreed to the extent of opposing any sudden and radical change in the mission system, as involving total destruction of all the property with possible danger to the security of the territory. He was inclined to favor Duran's plan of a partial and experimental change at the oldest missions.59 It

67 Duran, Proyectos de Secularizacion de Misiones, 1833, MS. On Oct. 10th Duran asks earnestly that Gov. F. use his influence to have the padres relieved of the mission temporalities, promising to serve en lo espiritual until ministers can be sent to replace them. No reason is given except that the padres are old and worn out.

68 J'allejo, Doc. Hist. C'al., MS., xxxi. 33.

59 Figueroa, Informe en que se opone al Proyecto de Secularización, 1833, MS. The 8 missions mentioned by Duran were: S. Juan Capistrano, S. Buenaven- tura, Sta Bárbara, Purísima, S. Antonio, S. Carlos, Sta Cruz, and S. Francisco.

336

MISSIONS AND SECULARIZATION.

must be noticed that Figueroa had reported in favor of expelling Padres Duran and Sarria from the terri- tory. Their conduct in private and religious matters was praiseworthy; but politically they were opposed to the national interests, and they had not scrupled to use their official position, influence, and wealth to spread their opinions, opposing the distribution of lands, freedom of the press, and popular sovereignty, and desiring the reestablishment of the inquisition.60

Figueroa's advice, whatever might otherwise have been its effect, came too late. The national congress, without waiting for the governor's report, and largely through the influence of the Hijar and Padres party, as we have seen, had not only discussed a bill for secularization, but had passed it on the 17th of Aug- ust. 61 This law simply provided that the missions

60 Aug. 17, 1833, F. to sup. govt, in answer to an order referring to him Echeandía's complaints against the friars and Victoria's defense of their con- duct. Dept. St. Pap., MS., iii. 139-40.

61 Decreto del Congreso Mejicano secularizando las Misiones, 17 de Agosto de 1833. In Arrillaga, Recopilacion, 1833, p. 19-21; Dublan and Lozano, Leg. Mex., ii. 548, iii. 96; Vallejo, Doc., MS., ii. 165; Halleck's Report, 125, 148-9; Dwinelle's Colon. Hist., add., 26-7; Jones' Report, 59; I. Rockwell, 455; Wheeler's Land Titles. 9-10; Bandini, Doc., MS., 36; Hayes' Mission Book, i. 218; Lassepas, Baja Cal., 206-7; Muhlenpfordt, Mejico, ii. 450. Art. 1. The govt will proceed to secularize the missions of Upper and Lower California. 2. In each mission shall be established a parish under a priest of the secular clergy, with a salary of from $2,000 to $2,500, as the govt may determine. 3. These curates can collect no fee for marriages, baptisms, burials, or any other service. As to fees of pomp, they may receive such as may be expressly allowed in the tariff to be formed with the Icast possible delay for that pur- pose by the bishop of the diocese and approved by the sup. govt. 4. To the parishes are given the churches of each mission, with the sacred vessels, vest- ments, and other appurtenances now possessed by each; and also such rooms adjoining the church as in the judgment of the govt may be deemed neces- sary for the most fitting service of the parish. 5. For cach parish the govt will provide a burial-ground outside the settlement. 6. $500 per year are assigned as an endowment for public worship and for servitors in cach parish. 7. Of the buildings belonging to each mission, there shall be assigned the most appropriate as a dwelling for the curate, with land not exceeding 200 varas square; and the other buildings shall be used as an ayuntamiento- house, primary schools, public establishments, and work-shops. S. In order to provide promptly and effectually for the spiritual needs of the Californias, there is to be established a vicar-generalship at the capital of Alta Cal., with jurisdiction over both territories; and the diocesan will confer the correspond- ing powers, as complete as possible. 9. As an endowment of this vicarship $3,000 are assigned, from which all expenses of the office must be paid, no fees being allowed on any pretext. 10. If for any reason the curate of the cap- ital or of any other parish shall hold the vicarship, he will receive $1,500 in addition to his allowance as curate. 11. No custom can be introduced oblig-

337

MEXICAN LAW OF 1833.

should be converted into parishes, under the manage- ment of the ordinary ecclesiastical authorities, and regulated some details of that management. Respect- ing the real difficulties of secularization, the disposition to be made of mission property, and the obstacles existing in California, it was silent. Supplementary regulations were apparently contemplated, though not mentioned; and such regulations, or what may in a certain sense be construed as such, will be noticed a little later in the instructions to Jose María Hijar. By the law of August 17th, the expense of putting curates and a vicar in charge of the missions, and also as it appears of supporting them in their new posi- tions-that is, all the expense arising from the execu- tion of the law-was to be paid from the pious fund. By a later decree of November 26th, the government was authorized "to adopt all measures to insure the colonization, and make effective the secularization of the missions, of Alta and Baja California, using for that purpose in the most convenient manner the estates of the pious fund of those territories, in order to furnish resources to the commission and families now in this capital and intending to go there."62

We have seen that ten new padres had come to California in 1833 to reënforce the missionary band; but two of the Fernandinos died this year, José Ber- nardo Sanchez, ex-president, and Luis Gil y Tabonda;

ing the inhabitants of Cal. to make oblations, however pious they may be or necessary they may be declared; and neither time nor consent of the citizens can give them any force or virtue. 12. The govt will see to it that the diocesan do his part in carrying out the objects of this law. 13. When the new curates have been named, the govt will gratuitously furnish a passage for them and their families by sea; and besides may give to cach for the journey by land from $400 to $800, according to the distance and number of family. 14. The govt will pay the passage of returning missionaries; and in order that they may return comfortably by land to their college or convent, may give to cach from $200 to $300, and at discretion whatever may be necessary in order that those who have not sworn the independence may leave the republic. 15. The sup. govt will meet the expenses authorized by this law from the product of the estates, capital, and revenues at present recognized as the pious fund of Cal. missions.

62 Decree of Nov. 26, 1833, circulated by the secretary on the same date, and published in a bando of Dee. 2d. Arrillaga, Recop., 1833, p. 311-12; Sup. Gort St. Pap., MS., ix. 1; Hayes' Mission Book, i. 218.

HIST. CAL., VOL. III. 22

338

MISSIONS AND SECULARIZATION.

and one, José Viader, left the country. If we add to these losses the five padres who had died, and one who had left California in 1831-2, we have a gain of only one during the three years covered by this chap- ter, notwithstanding the coming of the Zacatecanos.

Narciso Duran succeeded Sanchez as president of the missions in June 1831, being also prelate, vicar, ecclesiastical judge, and apparently vice-prefecto, 63 there being no change in 1834-5 or the period in- cluded in the following chapter. Duran's authority was confined to the missions south of San Antonio after the coming of the Zacatecanos in March 1833. Padre Sarría, as already noted, had held the office of comisario prefecto down to 1830; but while there is no record of his ceasing to hold that office or that a successor was appointed, neither is there any evidence that he or any other friar performed any duties of the position after 1830, and he is spoken of in 1833 as ex-prefect.6+ Therefore we must conclude that the office of prefect was abolished during these years so far as the Fernandinos were concerned. It is to be noted that Padre Sanchez issued several papers after he left the presidency in 1831, which by their tone would indicate that he still held some authority over the friars, but there is no other evidence that such was the case. In the north, García Diego was comisario prefecto of the Zacatecanos during the period covered by this chapter and the next, Rafael Moreno being president and vice-prefect from the beginning of 1834.

63 Arch. Arzob., MS., v. pt i. 43; S. Gabriel., Lib. Mision, MS., 41; Arch. Sta B., MS., vii. 7; Arch., Obispado, MS., 23. He is in a few documents ad- dressed as prefect, but this was probably an error.

61 Arch., Misiones, MS., ii. 678. In Id., 702, Duran is addressed by Figueroa as presidente prefeeto.

65 S. José, Patentes, MS., 190-213. Both were re-elected in 1835. P. Gonzalez was made prefeet provisionally in 1835.

CHAPTER XII.

MISSION AND INDIAN AFFAIRS.

1834-1835.

EMANCIPATION-INDIAN PUEBLOS-THE DIPUTACION-FIGUREOA'S POLICY- MEXICAN LAW OF APRIL 1834-PROVISIONAL REGULATIONS OF AUGUST OTHI-HÍJAR'S INSTRUCTIONS-THEIR MEANING-THE REGLAMENTO IN PRACTICE-LOCAL RESULTS-TEN MISSIONS SECULARIZED-VIEWS OF THIE PADRES-SUPPLEMENTARY REGULATIONS OF NOV. 4THI-DESTRUCTION OF MISSION PROPERTY BY THE FRIARS-SLAUGHTER OF CATTLE-STIPENDS IN 1835-MISSION SUPPLIES-MISSION RANCHOS-GARCÍA DIEGO'S SUG- GESTIONS-LOCAL ITEMS OF 1835-SIX MISSIONS SECULARIZED-THE FER- NANDINOS CONTENT-MEXICAN DECREE OF NOV. 9TH-MISSION STATIS- TICS, 1831-5-SEASONS-PESTILENCE-INDIAN AFFAIRS, 1831-5.

THERE is no positive record that Figueroa's eman- cipatory experiments had led to the foundation of any other Indian pueblo than that at San Juan Capistrano before the end of 1833. It is possible, however, that two others were founded before that date, San Dieguito by the ex-neophytes of San Diego, and Las Flores by those of San Luis Rey. At any rate, Figueroa in his opening address before the diputacion, May 1, 1834, stated that the three pueblos had not only been established, but were flourishing, the difference be- tween the condition of the townsmen and of the neo- phytes being already noticeable.1 And this is all that is known of secularization in the first quarter of the year.

In his discourse the governor recapitulated his past efforts, and announced that the results of his plan of gradual emancipation, though impeded by his other

1 Figueroa, Discurso de Apertura, 1834, MS.

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'340

MISSION AND INDIAN AFFAIRS.

onerous duties and by lack of competent subordinates, had been most encouraging until interrupted by the arrival of the secularization law of August 17th, which compelled him to await further instructions. The law was submitted to the diputacion with a request for advice as to its enforcement. The deliberations of that body on mission management in May and June were extensive, but barren of results. Various propo- sitions, relating to the measurement or assignment of mission lands, to the prevention of unnecessary slaughter of mission cattle, to the enforced ren- dering of inventories by the padres pending secular- ization, were introduced, referred to committees, re- ported back, and discussed; but practically nothing was accomplished. In view of the Mexican law of August 1833, and of the knowledge that Hijar had been appointed commissioner of colonization, Figueroa felt doubtful about his powers to take any action, and the vocales were easily induced to adopt his views. It was resolved June 3d that the gefe político had no authority to execute the law, though some steps might be taken should circumstances require it; that the diputacion should recommend the assignment of certain property to the municipal funds of the new pueblos, and that the government should also be urged not to delay secularization even in the absence of regular curates, since the friars could act as such temporarily.2

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History of California, Volume III, Part 37

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

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