History of California, Volume III, Part 38

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

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Though still doubtful, or at least affecting doubt, as to his powers in the matter, Figueroa was induced to change his mind so far as to admit that the 'cir-

2 Leg. Rec., MS., ii. 44-6, 51, 60-1, 67-8, 70-2, 83-6, 88-9, 92-3, 98-103, 108-11. The mission property recommended for the fondo de propios included 1,000 head of cattle and horses, the gardens and vineyards, land for tillage and for the stock, and the surplus buildings after secularization was provided for. May 2d, the governor's old inquiry of Ang. 2, 1833, as to what missions were in a condition to be secularized under the law of 1813, was received, which is another proof that there had been no session in 1833. By the action of May 22d and June 15th the unnecessary slaughter of mission cattle was pro- hibited. But more on this elsewhere. It was ordered that vacant mission lands should be granted according to the colonization law. This was pub- lished in a bando. Arch. Obispado, MIS., 93; Sta Cruz, Arch., MS., 11.

341

FIGUEROA'S POSITION 1834.

cumstances' required action as provided for in the previous resolutions, without awaiting special instruc- tions from the government or the arrival of its com- missioner. The reason alleged was that in the long interval between the passage and enforcement of the secularization law, the mission property was in danger of being wasted by maleadministration-a reason not wholly without force. In reality, however, the posi- tion of Figueroa in 1834 did not differ much from that of Echeandía in 1831. Each desired to advance the scheme of secularization, each had instructions to that effect, each founded his action on a national law-of Spain in one case and of Mexico in the other-each expected the early arrival of a successor, each preferred from motives of personal pride and for the personal interests of friends and supporters that the change should be inaugurated by himself rather than by his successor, and cach had the support of the diputacion. Both knew perfectly well that they had strictly no legal right to act in the matter, and that the motives alleged, though of some weight, were not urgent for immediate action; yet both chose to assume the re- sponsibility of such action. Figueroa's act, if some- what less arbitrary and uncalled for than that of Echeandía, was none the less a trick. Unlike Eche- andía's, but largely from accidental causes, it proved to a certain extent successful. It is by no means im- possible that more was known in California of the in- structions to Híjar and the plans of Padres than was admitted in public discussions and correspondence.3

3 April 16, 1834, congress passed a decree, published by bando on April 19th, as follows: '1. All the missions of the republic shall be secularized. 2. The missions shall be converted into curacies, the limits of which shall be des- ignated by the governors of the states where said missions exist. 3. This de- cree is to go into full effect within four months from the date of its publica- tion.' Arrillaga, Recop., 1834, p. 134-5; Dept. St. Pap., Mont., MS., vii. 6; Sup. Gort St. Pap., MS., x. 1; Hayes' Mission Book, i. 220; Id., Legal Hist. S. Dieyo, i. 57; Jones' Report, no. 13. This law seems never to have been mentioned in Californian discussions, and was probably not understood to ap- ply to Cal., as very likely-from the use of the terms 'governors' and 'states,' and the existence of a special law-it was not intended to apply; yet had F. known of this decree, he might have used it somewhat plausibly in defence of his course. In Figueroa, Manifiesto, passim, there is much argument for

342

MISSION AND INDIAN AFFAIRS.

Provisional regulations for the secularization and administration of the missions were proposed to the diputacion July 19th by the Carrillos. Don Carlos was for some reason, doubtless satisfactory to himself, less radically opposed to secularization than he had been a few years earlier. After full discussion, Fi- gueroa still maintaining a slight pretence of opposi- tion, they were approved article by article in the secret sessions of July 30th and 31st, re-read and finally approved August 2d, and officially promulgated in a printed bando by the governor August 9th.4

and against his action. In Mexico, Mem. Justicia, 1834, p. 30, it is stated that the execution of the laws of Aug. 1833 and April 1834 has been pre- vented by lack of priests, largely due to the ravages of cholera.

4 Figueroa, Reglamento Provisional para la secularizacion de las Misiones de la Alta California, 9 de Agosto, 1834. Printed document in Earliest Print- ing in Cal. Also in St. Pap., Miss. and Colon., MS., ii. 253-62; Bandini, Doc., MS., 37; Arch. Sta B., MS., viii. 264-75; x. 254-65; Dept. St. Pap., Mont., MS., iii. 30-42; and with something of the discussions in Leg. Rec., MS., ii. 12-28. English translations in Halleck's Report, 147-53; Jones' Re- 1.ort, 65; Dwinelle's Colon. Hist. S. F'co, append., 31; I. Rockwell, 456; Hayes' Mission Book, i. 220. 1. The gefe politico, according to the spirit of the law of Ang. 17, 1833, and to his instr. from the sup. govt, acting in accord with the prelates of the friars, will partially convert into pueblos the missions of this territory; beginning in Aug. (erroneously printed 'next August,' it having been discussed in July) with 10 missions and continuing with the others successively. (In the original proposition the last clause was 'so far as his duties may allow,' the definite date and the specification of missions being substituted after much debate.) 2. The friars will be relieved from the administration of temporalities, and will exercise only the functions of their ministry in spiritual matters until the formal division of parishes be made and curates provided by the govt and bishop. 3. The ter. govt will re- assume the admin. of temporalities, directively, on the following plan. 4. The approval of this regl. will be solicited from the sup. govt by the quickest route.

Distribution of property and lands .- 5. To each head of a family, and to all over 20 years old, will be given from the mission lands a lot not over 400 nor less than 100 varas square. In common, will be given them enough land to pasture their stock. Egidos shall be assigned for each pueblo, and at the proper time propios also. 6. Among the same individuals there shall be dis- tributed pro rata, according to the judgment of the gefe pol., one half of the live-stock, taking as a basis the latest inventories rendered by the mission- aries. 7. There will also be distributed to them, proportionally, half or less of existing chattels, tools, and sced indispensable for the cultivation of the ground. 8. All the remaining lands and property of every kind will remain under the charge and responsibility of the majordomo or employee named by the gefe pol., at the disposal of the sup. govt. 9. From the common mass of this property provision shall be made for the subsistence of the padres, pay of majordomo and other servants, expenses of worship, schools, and other objects of public order and improvement. 10. The gefe pol., intrusted with the direction of temporalities, will determine and regulate after proper investi- gation, the expenses which it may be necessary to ineur, both for the execution of this plan and for the preservation and increase of the property. 11. The

343

BANDO OF AUGUST 1834.

These regulations, which I give nearly in full, were certainly, whatever may have been the legality of their issue, much more wisely and carefully prepared than any that had preceded them, resembling in many points the prevenciones on gradual emancipation, leaving much to the judgment of the friars, and

missionary will choose that one of the mission buildings which suits him best for his dwelling and that of his attendants; and he will be provided with the necessary furniture and utensils. 12. The library, sacred vessels, church furniture, etc., shall be in charge of the padre, under the responsibility of a sacristan chosen by him and paid a fair salary. 13. General inventories shall be made of all mission property duly classified, account books, doch- ments of every class, debts, and credits-all to be reported to the sup. govt.

Political government of the pueblos .- 14. The political govt shall be or- ganized in conformity with existing laws; and the gefe pol. will give the proper rules for the establishment of ayuntamientos and holding of elections. 13. The economical management of the pueblos shall belong to the ayunt .; but in the admin. of justice they will be subject to the judges of Ist instance constitutionally established in the nearest places. 16. The emancipated will be obliged to aid in the common work which in the judgment of the gefe pol. may be deemed necessary for the cultivation of the vineyards, gardens, and fields remaining for the present undistributed. 17. They will render to the padre the necessary personal service.

Restrictions .- 18. They may not sell, burden, nor convey the lands given them; nor may they sell their stock. Contracts made against these orders shall be void; the govt will reclaim the property and the buyers will lose their money. 19. Lands, the owners of which die without heirs, shall revert to the nation.

General rules .- 20. The gefe pol. will appoint the comisionados whom he may deem necessary for the execution of this plan. 21. The gefe pol. is au- thorized to settle whatever doubt or matter may arise in connection with the execution of this regulation. 22. Until this regul. is put in force the mission- aries are prohibited from slaughtering cattle in considerable quantities, ex- cept the usual slaughter for the subsistence of neophytes, without waste. 23. The debts of the missions shall be paid in preference out of the common property, on such terms as the gefe may determine. And for exact compli- ance there shall be observed the following rules: 1. The comisionados as soon as appointed will go to their respective missions to carry into effect the plan, presenting their credentials to the friar, with whom they are to preserve har- mony, politeness, and due respect. 2. At first the com. will receive all ac- counts and documents relating to property; then the general inventories will be formed in the order given, an estimate of two intelligent persons sufficing for the live-stock. As entered in the inventory, all passes from the control of the friar to that of the com .; but no innovation is to be made in the system of work, etc., until experience proves it to be necessary. 3. The com. and majordomo are to see that all superfluous expenses cease. 4. Before making an inventory of field property the com. must explain to the Indians this reg- ulation and the change it is to effect in their condition. Their lots are to be immediately distributed. The com., padre, and majordomo will select the place, give to each what he can cultivate within the fixed limits, and allow each to mark his land in the most convenient way. 5. The com. must pay no debts of the mission without an express order from the govt, to which a report must be made in order that the number of cattle to be distributed may be determined. 6. Implements will be distributed for individual or common use as the com, and padre may decide; but grain is to remain undistributed, and the neophytes will receive the usual rations. 7. What is known as tho

344

MISSION AND INDIAN AFFAIRS.

evidently intended to conciliate as far as possible the good-will of the missionaries and to use all possible precautions against the evils to be feared from a sud- den and radical change.

In the middle of October, after some progress had been made in carrying into effect the law under Figue- roa's regulations, Híjar appeared on the scene with instructions dated April 23d which contained certain articles regulating the law of August 1833, or at least were the only regulations on the subject that the Mexican government had deigned to issue. I append those articles in a note.5 Their exact meaning is not quite clear, since, literally interpreted, they con- tain not a word to authorize the distribution of any portion of the mission property to neophytes. This fact enabled Figueroa and his friends to denounce with much plausibility the whole scheme as one of de- liberate plunder. I suppose, however, that the failure of the government to define specifically the Indians' rights was but a part of the general carelessness ob- servable in all official transactions relating to the col-

'nunnery ' is to be abolished at once. The girls and boys are to be given to their parents, to whom their parental duties are to be explained. S. The com., after investigation, will propose as soon as possible one or more persons deemed fit for majordomos, with the salary that should be paid them. 9. Rancherías at a distance having 25 families may form a separate pueblo if they wish to do so, otherwise they will form a barrio or ward of the main pueblo. 10. The com. will report the population, in order to prepare for clee- tions, which so far as possible are to conform to the law of June 12, 1830. 11. The com. will take all necessary executive steps demanded by the state of business, reporting to the govt and consulting it in serious or doubtful cases. 12. In all else the com., padre, majordomo, and Indians will act as prescribed in the reglamento .- Monterey, Aug. 9, 1834. Jose Figueroa; Agustin V. Zamorano, secretary.

5 Ilijar, Instrucciones. Art. 1. He will begin by taking possession of all the property belonging to the missions of both Californias. Art. 7. Special care shall be taken to attach the Indians to the settlements, mixing them with the other inhabitants, but not permitting any settlement composed of thein only. Art. 9. Each family of colonists to receive certain land, live- stock, and implements (of course from the mission property). Art. 11. The distribution of movable property belonging to the missions having been made (was this merely the distribution to the colonists as per art. 9 ? or did it in- clude also a distribution to neophytes as a part of secularization ?), one half of what is left shall be sold in the most advantageous manner. Art. 13. The remaining half is to be kept on account of the govt, to pay expenses of wor- ship, education, etc. Art. 14. An annual report on the mission property re- quired from the director of colonization.

345

HÍJAR'S INSTRUCTIONS.

ony. Secularization included as an essential clement, by the whole spirit of Spanish laws, the distribution of mission lands and property to the Indians. Híjar and Padrés always claimed to be advocates and de- fenders of aboriginal rights; and while their strongest motives, as in the case of all men in a like situation, were personal rather than humanitarian, I deem it unlikely that there was any intention of perpetrating so gross an outrage as was implied in a literal inter- pretation of the instructions considered independently of other laws. I suppose rather that the plan was to put the neophytes, at least in theory, on equal terms with the colonists in the distribution of property. It can serve no useful purpose to speculate upon what might have been the results if Hijar's instructions had been carried out. The revocation of his commis- sion as gefe político enabled Figueroa very justly to annul those instructions; else he would have found himself with his reglamento very much in the position of Echeandía with his decree of January 1831. The controversy has been fully treated elsewhere; and the arguments of the two rivals on their respective sys- tems and authority for regulating secularization, though lengthy and interesting, do not call for further notice.6 The Híjar and Padres colony as planned seemed destined to exert a radical and controlling in- fluence on the fate of the California missions; but in reality it had no effect beyond the imposition of a heavy tax for a year or two to support the families, and a diminution of the opposition which Figueroa might otherwise have expected from the friars."

The records of what was actually accomplished this ycar under Figueroa's provisional regulations are meagre, as we shall find the annals of secularization

6 Sec Figueroa, Manifiesto, 44-80.

" Janssens, Hijar, and other members of the colony are inclined to insi: t that the opposition to the directors arose largely from their efforts in behalf of the Indians, whose property the other party wished to control.

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MISSION AND INDIAN AFFAIRS.

in all years. There are in the archives vague local items indicating the presence of a comisionado and the introduction of the new system in nine missions. Such fragmentary information as can be derived from these items, I give in a note.8 The tenth mission was perhaps San Carlos, which would naturally have been one of the first, though there is no evidence on the subject. Most of the items bear date of November, and in but few missions was much progress made be- fore December.

The padres have not left themselves on the record on either side of the contest between Figueroa and Hí- jar; nor do they appear to have made any attempt to interfere seriously with the enforcement of the pro- visional regulations. Before their publication, Presi- dent Duran had written a letter of general discontent to the governor, complaining of the uncertain pros- pects in the matter of secularization, of the scarcity and illness of friars, of the refusal of the Zacatecanos to take charge of more than eight missions, of the

8 There is nothing in relation to S. Diego. At S. Luis Rey, Capt. Portilla was comisionado in Nov., and the accounts turned over by P. Fortuni showed assets of $46,613 and liabilities of $14,429. In Dec. the Ind. refused to work, and ran away, taking most of the horses and killing many cattle; but in Jan. they began to come back and behave better. St. Pap., Miss., MS., xi. 49-53; Hayes' Mission Book, i. 223, 227. No record for S. Juan Capistrano, excep'; that Juan José Rocha, probably the comisionado, acknowledges on Nov. 22d re- ceipt of resolution to secularize the mission. Dept. St. Pap., Ben. Mil., MS., lxxxviii. 18. At S. Gabriel an inventory was made in Nov. 1834. St. Pap., Miss., MS., vi. 12-14; and Lieut-col. Gutierrez was doubtless the com., being in charge early the next year. Lieut Antonio del Valle was the com. at S. Fernando, and was engaged in Oct. in making inventories. Guerra, Doc., MS., vi. 150; Vallejo, Doc., MS., xxxi. 134. At Sta Bárbara Alf. Anastasio Carrillo was com. from Sept., with José María García as majordomo from Oct. St. Pap., Miss., MS., ix. 24-31; xi. 1. Domingo Carrillo was com. of Puris- ima in Nov. Id., xi. 23. There is no record for S. Luis, S. Miguel, S. Anto- nio, S. Carlos, S. Juan, or Soledad. Santa Cruz was delivered to Alf. Ignacio del Valle as com. on Aug. 24th; and Juan Gonzalez was majordomo from Oct. This establishment was now known as Pueblo de Figueroa; and the Ind. were reported to behave admirably under the new system; though there was a lit- tle trouble with the padre about the rooms to be occupied by him. St. Pap., Miss., MS., ix. 66-71; x. 6; Sta Cruz, Arch., MS., 12, 23; Valle, Lo Pasado, MS., 9-10. There is no record of scenlarization this year at Sta Clara or S. José. At S. F. de Asis, Joaquin Estudillo took charge as com. in Sept. St. Pap., Miss., MS., ix. 62. At S. Rafael an inventory was taken in Sept .; the pueblo was marked out in Oct. by Ignacio Martinez, who was probably the com .; and stock was distributed in Dec. Id .. v. 58-9; x. 11. S. F. Solano was perhaps not fully secularized until next year.

347

RULES OF SECULARIZATION.

action of some troops who had sustained the Indians rather than the padres, and of new troubles, not ex- plained, which had come upon himself. "The Indians should not be entirely subjected nor entirely free," vet he saw no practicable middle course, and begged Figueroa to take counsel of unprejudiced persons such as foreigners.9 Prefect García Diego received in May from the guardian of his college a copy of the secu- larization law, with orders to obey its provisions and instructions on the methods of surrender to curates. He congratulated the Zacatecanos on the adoption of a measure which would enable them to retire. About the same time he received and circulated an order for- bidding the padres to take any part in politics, or to criticise the policy of the government.10

Duran seems to have made a report on the plan embodied in the provisional reglamento, which is not extant, but which, on being presented to the diputa- cion, was referred to a committee, and resulted in a series of supplementary regulations adopted in the extra session of November 3d and issued in a bando by Figueroa on the 4th. No radical changes were introduced by this document, which seems to indicate that Duran and the other friars were inclined to look somewhat favorably on the new system as adminis- tered by the governor, or at least, that it was more favorable to their interests than any substitute likely to be obtained.11

9 July 22, 1834, D. to F. Arch. Arzob., MS., v. pt ii. 4-5.

10 May 22, 1834, F. to Casarin. Dept. St. Pap., Mont., MS., vi. 30. June 20th, García Diego to padres. Arch. Obispado, MS., 90. May 23d, same to same. S. José, Patentes, MS., 203-8. Alvarado, Ilist. Cal., MS., ii. 217-23, tells us that the Zacatecans were in a fury. They prepared a protest to the pres. against the plundering policy, calling for F.'s trial and removal. Backed by Zamorano and Sanchez, they sent the protest south for the signatures of the Fernandinos, not one of whom would sign the document, and some of whom talked very warmly in favor of the regl., mainly to annoy the Zaca- tceanos, whom they despised as intruders. I believe, however, there is no reason to credit Alvarado's statements on this and like subjects.

11 Reglamento de Misiones secularizadas, aprobado por la Diputación en 3 de Nov. 1834, MS., in Vallejo, Doc., xxxi. 131; Leg. Rec., MS., ii. 199-205; translation in Halleck's Report, 153-4; Jones' Report, 60; Dwinelle's Color. Hist., S. Fco, add., 34; Hayes' Legal Hist. S. Diego, i. 57. Art. 1. Con- formably to the law of Aug. 17, 1833, salaries of $1,500 are assigned to curates.

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MISSION AND INDIAN AFFAIRS.

A special matter that may best be noticed here is the slaughter of mission cattle by the friars in 1834 and the following years, together with a wanton neg- lect and destruction of other property. Many of the missionaries regarded secularization as an outrage upon themselves, their college, and their neophytes; and when they became convinced that the disaster could not be averted, at different times, but chiefly in 1834, they ceased to care for the buildings, vine- yards, and gardens as in former times, and attempted to realize in ready money as large an amount as pos- sible, which of course could best be done by a slaugh- ter of cattle for their hides and tallow. Accordingly such a slaughter was effected, to some extent in all the missions, but notably at San Luis Rey, San Ga-

of first-class parishes, and $1,000 to those of the second class. 2. Parishes of the first class shall be, S. Diego and S. Dieguito; S. Luis Rey, Las Flores, and annexed settlements; S. Gabriel and Los Angeles; Sta Bárbara mission and presidio; S. Carlos and Monterey; Sta Clara and José de S. Guadalupe; and S. José, S. Francisco Solano, S. Rafael, and the colony (7 in all, incor- rectly grouped in Halleck's and other translations). Parishes of the second class, S. Juan Capistrano, S. Fernando, S. Buenaventura, Sta Ines and Pu- rísima, S. Luis Obispo, S. Miguel, S. Antonio and Soledad, S. Juan Bautista and Sta Cruz, S. Francisco mission and presidio. In parishes of more than one place, the curate will reside at that first named. 3. The comisario pre- fecto García Diego will reside at this capital. The gefe pol. will ask from the bishop in his behalf the faculties of vicario foraneo. His salary shall be $3,000. 4. In all other respects the vicar and curates are to conform to the law of Aug. 17th. 5. Until the govt shall provide regular curates, the prelates will do so (from the friars) provisionally, by consent of the gefe pol. 6. $300 per annum shall be paid in each parish for church expenses and servants. 7. All these salaries and expenses of worship shall be paid from the common prop- erty of the extinguished missions, in money if there be any, or in produce at current rates-the gefe pol. to give the necessary orders. 8. Art. 17 of the regl., requiring the Ind. to render personal service to the friars, is abrogated. 9. The gefe will cause to be assigned buildings for the residence of curates, ayuntamientos, schools, etc., according to art. 7 of the law. 10. Other points of Duran's recommendations may be attended to by the gefe pol. under art. 17 of the regl. 11. All to be communicated to the prelates and by them to their subordinates.

My original is the one sent by Figueroa to Comisionado Valle at S. Fer- nando, whom he directs to assign the curate's dwelling at once. Salaries are to commence on Dec. Ist, after which date it will not be necessary to supply the padre with subsistence or service, except on salary account. On Oct. 30th F. had issued a resolution of the dip. that although the Ind. towns still bore the name of missions, they were not lawfully so, since they ought to have been secularized ere this, and should therefore be considered as towns of the repub- lie, subject to the same laws as other towns, being under the civil authorities of the head towns of the respective districts. St. Pap., Miss. and Colon., MIS., ii. 263-4.

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History of California, Volume III, Part 38

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