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LIBRARY 


UNIVERSITY   OF   CALIFORNIA. 

Received.^  ^/f^  <        188  &. 

Ace,    w-  'II    (    V. " 


PT  SAN  PEDRO  (ft*/    ***»*n*€ 


THE    PENINSULA    OP    SAN    FRANCISCO. 


THE 


COLONIAL  HISTORY 


OF 


THE  CITY  OF  SAN  FRANCISCO: 


BEING 


A  SYNTHETIC  ARGUMENT  IN  THE  DISTRICT  COURT  OF  THE  UNITED 

STATES  FOR  THE  NORTHERN  DISTRICT  OF  CALIFORNIA, 

FOR  FOUR  SQUARE  LEAGUES  OF  LAND 

CLAIMED  BY  THAT  CITY. 


BY  JOHN  W,  DWINELLE, 

COUNSELLOR  AND  ADVOCATE. 


SAN  FRANCISCO: 

PRINTED  BY  TOWNE  &  BACON,  BOOK  AND  JOB  PRINTERS, 

No.  536  Clay  Street,  opposite  Leidesdorff. 

1863. 


S3DS-5 


ttencrof t  Library 


PREFACE, 


IT  is  hoped  that  the  title  given  to  this  volume  will  not  be  con- 
sidered pretentious,  when  it  is  stated  that  it  resulted  from  an  after- 
thought, based  upon  the  following  considerations :  The  discussion  of 
the  case  was  thrown  into  a  narrative  form,  for  the  reason  that 
although  often  treated  analytically  with  great  ability,  and  with  a 
conclusive  result,  still  a  class  of  persons  has  existed  ever  ready  to 
resist  the  conclusions  of  the  argument  by  the  cry :  "  There  was 
never  any  Pueblo  of  San  Francisco !"  thus  endeavering  to  evade 
the  result  by  forcing  a  re-examination  of  the  main  fact  in  the  case. 
A  chronological  narrative,  weaving  into  itself  in  their  appropriate 
places  the  organization  and  acts  of  the  PUEBLO,  and  its  constant 
and  often  repeated  recognition  by  the  executive,  the  Legislatures, 
and  the  citizens  of  California,  both  before  and  after  the  conquest  by 
the  Anglo-Americans,  seemed  the  appropriate  and  only  means  of 
silencing  this  clamor,  and  of  utterly  and  forever  establishing  the 
indisputable  fact  of  the  existence  of  the  PUEBLO,  in  such  a  manner 
that  whoever  hereafter  shall  assume  to  deny  it  will  render  himself 
ridiculous.  When  the  work  was  nearly  finished,  the  suggestion 
occurred  that  it  was  too  valuable  to  be  thrown  as  a  mere  waif  upon 
the  stream,  as  law-briefs  and  other  pamphlets  commonly  are,  and 
that  whatever  its  merits  or  deficiencies  in  point  of  execution,  the 
narrative,  with  its  documents  entitled  ADDENDA,  were  not  without  a 
permanent  value  as  the  first  essay  towards  the  "  Colonial  History 
of  San  Francisco."  It  has  therefore  been  honored  with  a  title  page, 
received  an  appropriate  title,  and  been  elevated  from  the  low  estate 
of  a  pamphlet  to  the  dignity  of  a  book.  The  documents  in  the 
Addenda  contain  precious  materiaux  pour  servir,  and  present  a 
view  of  the  wise  and  beneficent  colonial  policy  of  Spain  and  Mexico, 
which  will  repay  the  study  of  the  historian,  the  ethnologist,  and  the 
statesman. 


NOTICE. 


THE  narrative  proper  contains  one  hundred  and  eight  pages,  and  immediately 
afterwards  is  placed  the  ADDENDA  with  a  paging  of  its  own,  and  each  document 
designated  by  its  number  in  Roman  numerals.  The  Addenda  are  cited  each  by  its 
number,  to  which  is  generally  added  the  page  of  the  Addenda  to  which  reference  is 
made. 


f  w 

FOR  THE  NORTHERN  DISTRICT  OF  CALIFORNIA. 


\ 

THE  CITY  OF  SAN  FRANCISCO 

vs. 
THE  UNITED  STATES. 


ARGUMENT  OF  MR.  JOHN  W.  DWINELLE  FOR  CLAIMANT. 


STATEMENT    OF    THE    CASE. 

§  1.  This  is  a  claim  by  the  City  of  San  Francisco  for  four  leagues 
of  land,  including  the  present  site  of  the  City,  and  the  lands  immedi- 
ately adjacent  sufficient  to  make  up  that  quantity.  The  law  and  the 
facts  upon  which  this  claim  is  based  are  stated  in  the  two  following 
propositions : 

"FIRST:  On  the  seventh  day  of  July,  in  the  year  1846,  and  long 
"  before  that  time,  a  Hispano-M exican  PUEBLO  or  town  existed  within 
"  the  northern  limits  of  the  present  City  of  San  Francisco. 

"  SECONDLY  :  That  this  PUEBLO  or  town,  by  virtue  of  the  ancient 
"  and  immemorial  laws  of  Spain,  and  of  the  modern  laws  of  Spain  and 
"Mexico,  was  vested  in  proprietorship,  in  trust  for  the  inhabitants 
"  thereof,  with  four  leagues  of  land,  including  the  said  PUEBLO  or 
"  town,  and  the  lands  in  the  immediate  vicinity  of  the  same. 


Z  MODERN  MUNICIPALITIES   OR   COMMUNES. 

"  THIRDLY  :  That  the  said  four  leagues  of  land  are  to  be  determined 
"  by  taking  all  the  land  included  by  the  natural  tide-water  boundaries 
"  of  the  northern  portion  of  the  peninsula  upon  which  the  present  City 
"  of  San  Francisco  is  situated,  and  proceeding  within  those  natural 
"  boundaries  south  to  a  parallel  of  latitude,  which,  with  those  natural 
"  boundaries,  shall,  when  surveyed  according  to  the  Spanish  and  Mex- 
"  ican  lands,  include  the  full  quantity  of  four  square  leagues." 

These  three  propositions  will  be  discussed  together. 

The  United  States,  on  the  other  hand,  insist  that  there  was  never 
an  organized  PUEBLO  of  San  Francisco ;  that  an  attempt  was  made  to 
convert  the  neighboring  Catholic  Indian  Mission  of  Dolores  into  a 
PUEBLO,  but  that  it  was  never  accomplished. 

A  HISTORICAL  STATEMENT  NECESSARY. 

§  2.  The  discussion  of  this  case  cannot  be  confined  to  the  presenta- 
tion of  a  few  sharply-defined  propositions.  The  history  of  the  whole 
country  of  California  is  involved  in  that  of  the  City  of  San  Francisco. 
It  will  be  remembered  that  the  proposition  of  the  United  States  is, 
that  there  never  was  a  PUEBLO  or  organized  town  of  San  Francisco, 
and  thfct  the  claim  of  four  leagues  of  lands  for  such  PUEBLOS  is  a 
modern  invention,  never  heard  of  among  the  Hispano-Californian 
population,  nor  among  the  Anglo-Americans  until  within  the  last  few 
years.  On  the  other  hand,  it  is  contended,  on  the  part  of  the  City  of 
San  Francisco,  that  there  was  here  a  PUEBLO  of  San  Francisco  fully 
organized  and  in  operation  in  its  Political  and  Municipal  capacity,  and 
that  to  this  PUEBLO  or  town,  AS  SUCH,  and  without  any  special  grant 
for  that  purpose,  belonged  four  leagues  of  land,  including  its  site,  and 
the  lands  adjacent  to  it.  To  demonstrate  the  facts  which  sustain  these 
last  propositions  requires  an  extended  historical  disquisition,  detailing 
the  origin  and  progress  of  the  SPANISH  LAWS  OF  COLONIZATION 
which  have  from  time  to  time  been  in  force  in  California,  their  gradual 
development  and  improvement,  and  their  application  to  the  colonial 
establishments  which  grew  up  under  them.  It  will  require  a  critical 
sketch  of  the  development,  decline  and  final  extinction  of  the  plan  of 
CATHOLIC  MISSIONS  among  the  Indians  of  California ;  of  the  system 
of  PURE  PUEBLOS;  and  of  the  military  establishment  of  PRESIDIOS 
which  were  finally  converted  into  PRESIDIAL-PUEBLOS.  But  before 
•entering  into  this  argument,  it  will  be  well  to  ascertain  with  precision 
the  definition  of  certain  terms  which  will  be  frequently  employed  in 
ithe  discussion. 

MODERN  MUNICIPALITIES  OR  COMMUNES. 

§  3,  No  portion  of  history  is  more  interesting  than  that  of  the  rise 
-and  development  of  modern  Municipalities  or  Communes,  or,  in  the 
better  understood  American  terms,  ORGANIZED  VILLAGES,  CITIES  or 
TOWNS.  At  the  same  time  no  portion  of  history  is  more  obscure. 
While  it  is  evident  that  MODERN  COMMUNES  originated  in  the  instinct 
of  association  and  protection  among  the  weak  against  the  strong,  the 


COMMUNES    OF   OLD    SPAIN.  6 

indigenous  conquered  serf  against  his  robber  lord,  —  and  became  salient 
points  of  reaction  for  the  democratic  element  in  society  against  the 
aristocratic,  —  still  the  time,  place  and  exact  circumstances  under  which 
they  were  formed  cannot  be  definitely  ascertained,  and  are  even  diffi- 
cult of  conjecture.  As  the  darkness  of  the  middle  ages  recedes  before 
the  dawn  of  the  new  civilization,  the  modern  commune  EMERGES  from 
the  obscurity,  perfect  and  mature,  but  with  unknown  antecedents.  It 
is  only  until  lately  that  history  has  busied  itself  with  these  democratic 
organizations:  formerly  they  were  beneath  its  notice.  It  is  highly 
indicative  of  the  small  value  attached  to  the  municipal  institutions 
which  lie  at  the  base  of  the  liberties  of  the  British  races,  that  in  the 
histories  of  the  English  law,  written  by  Hallam,  Reeves,  Crabbe,  and 
Blackstone,  we  find  no  account  whatever  of  the  rise  and  development 
of  the  English  COMMUNE,  although  the  House  of  Commons  (communes) 
has  for  more  than  a  century  and  a  half  been  the  most  powerful  branch 
of  the  British  Legislature.  Robertson  was  the  first  writer  of  eminence 
who  considered  the  subject  worthy  of  his  research  and  illustration  ; 
Guizot  and  Thierry  have  exhausted  the  subject.  Robertson's  Charles 
V,  Vol.  1,  Proofs  and  Illustrations  Notes  XVI-XX;  Guizot  Hist,  de 
la  Civilization  ;  Thierry,  le  tiers-Etat  ;  Maddox,  Firma  Burgi,  and 
Merlin,  Questions  de  Droit,  titres  Commune  et  Communaux  ;  —  may 
be  consulted  with  interest  and  profit  by  the  archaeologist,  and  even  by 
the  general  reader,  but  the  present  discussion  does  not  demand  any 
critical  research  of  that  nature. 


SPAIN  FIRST  ORIGINATED  A  SyStGlH  OF  COMMUNES,  BlJRGHS,  OR 
LOCAL   MUNICIPALITIES. 

§  4.  As  Spain  was  the  kingdom  under  whose  laws  was  first  built 
up,  codified  and  published  a  complete  system  of  civilized  and  Christian 
law  [LAS  SIETE  PARTIDAS,  enacted  by  Don  Alfonso  X  in  1260,]  so 
it  was  the  country  where  the  COMMUNES,  whether  called  cities,  villas, 
or  towns,  first  obtained  a  representation  in  the  Cortes,  the  National 
Legislature.  The  Hispano-American  Communes  are  legitimately 
descended  from  those  of  Spain,  but  although  resembling  them  in  many 
features,  yet  in  others  they  differ  from  them  almost  as  widely  as  it  is 
possible  for  two  species  of  the  same  class  of  plants  or  animals  to  differ 
from  each  other.  Guizot  specially  notes  this  great  difference  between 
the  colonies  of  Greece  and  Rome  and  those  of  modern  Europe,  that 
the  founders  of  the  former  carried  with  them  and  planted  in  the  new 
colony  the  political  distinctions  of  class,  and  the  social  distinctions  of 
rank,  so  that  the  new  city  was  a  complete  copy  of  the  parent  one  ; 
while  the  modern  communes  were  all  pure  democracies,  or  nearly  so. 
But  the  European  commune,  translated  across  the  Atlantic,  experienced 
the  same  enfranchisement  which  has  attended  most  other  civilized  insti- 
tutions in  the  like  transit.  If  we  bear  in  mind  that  the  Hispano- 
American  colonies  or  pueblos  wrere  communes  entirely  sui  generis, 
built  up  from  an  uniform  basis,  perfectly  resembling  each  other  in  all 
their  features,  and  wholly  emancipated  from  the  irregularities,  uncer- 


4  TESTIMONY   MOSTLY   DOCUMENTARY. 

tainties,  and  servitudes  which  deformed  European  communes,  and  even 
prevented  them  from  attaining  the  dignity  of  a  System,  we  shall  com- 
prehend in  the  outset  why  so  little  of  the  law  applicable  to  the  PUEBLOS 
of  Spain  will  be  of  use  to  us  in  this  discussion,  and  also  avoid  the 
bewildering  labyrinths  of  useless  law-learning.  For  example :  suppose 
a  dozen  European  communes, — each  a  city  of  refuge  from  the  exac- 
tions of  titled  robbers, — had  established  themselves  in  fact  upon 
certain  lands, — one  holding  the  lands  occupied  by  it  as  its  own  in  full 
property ;  another  holding  the  same  description  of  lands  under  a  mere 
nsurpment ;  another  in  common  with  the  neighboring  lord;  another 
in  common  with  the  adjoining  bishop,  or  monastery,  or  convent,  or 
church  ;  and  others  holding  the  same  kind  of  property  in  trust  for  all 
comers  ; — what  uniform  rule  of  property,  what  system,  could  be  evolved 
from  such  an  aggregation  of  exceptional  cases  ?  Happily  when  we 
come  to  the  Spanish  Pueblos  established  in  America,  we  shall  find 
a  Perfect  System  of  Homogeneous  Pueblos,  sometimes  differing  in 
rank,  but  never  in  kind,  or  in  organization. 

DIFFICULTY  IN  ARGUING  THE  CASE. 

§  5.  A  serious  difficulty  in  arguing  the  case  arises  from  the  fact 
that  it  has  repeatedly  been  decided  by  the  Supreme  Court  of  the  State 
of  California.  It  could  not  be  expected  that  land  litigation  should  not 
attend  the  sudden  growth  of  the  City  of  San  Francisco.  Accordingly, 
the  Supreme  Court  of  the  new  State  was  called  upon  in  the  first  year 
of  its  existence,  to  decide  whether  the  Hispano-American  town  of  San 
Francisco  had  such  a  proprietary  interest  in  the  lands  lying  within  its 
limits  as  to  constitute  a  source  of  title.  This  question  was  before  that 
tribunal  for  several  years,  with  various  elucidations  and  solutions,  until 
finally,  in  the  year  1860,  in  the  case  of  Hart  vs.  Burnett,  15  Cal.  Rep. 
530,  it  was  decided  in  the  affirmative,  after  such  thoroughness  of 
research  and  force  of  argument  as  to  render  it  almost  impossible  to 
treat  the  question  again  in  a  purely  forensic  manner.  I  propose,  there- 
fore, to  discuss  the  case  in  another  manner,  and  to  weave  the  proofs  and 
illustrations  into  a  chronological  narrative  of  the  HISTORY  OF  THE 
PUEBLO  OR  TOWN  OF  SAN  FRANCISCO  ;  and  I  hope  in  this  manner 
to  construct  a  SYNTHETIC  ARGUMENT  which  shall  lead  conclusively  to 
the  same  result  that  is  reached  by  the  admirable  ANALYSIS  in  the 
case  of  Hart  vs.  Burnett. 

CHARACTER  OF  THE  TESTIMONY.     Loss  OF  PAPERS.     DOCUMEN- 
TARY EVIDENCE — "  ADDENDA." 

§  6.  I  shall  rely  almost  entirely  on  documentary  evidence,  and  shall 
make  little  use  of  parol  testimony,  except  to  show  the  loss  of  documen- 
tary evidence.  The  testimony  of  Hispano-American s  has  been  found 
to  be  proverbially  unreliable  for  many  reasons,  and  under  no  circum- 
stances could  stand  in  the  face  of  authentic  official  documents.  That 
most  of  the  authentic  official  documents  relating  to  the  history  of  San 
Francisco,  have  been  lost,  is  too  well  established  by  the  testimony,  botk 


LOSS   OF    OFFICIAL   PAPERS.  5 

documentary  and  parol.  Among  the  documentary  testimony  is  an  orig- 
inal aflthentic  document,  annexed  to  the  testimony  of  R.  C.  Hopkins, 
as  Exhibit  No.  1,  containing  an  "inventory  of  all  the  documents  con- 
"  tained  in  the  Archives  of  the  Juzgado  of  San  Francisco  de  Asis," 
from  the  year  1829  to  1839,  during  which  period  the  Ayuntamiento  of 
San  Francisco  was  organized,  and  finally  superseded.  Hardly  any  of 
these  documents  are  to  be  found.  They  are  not  in  the  custody  of  the 
Mayor  or  of  the  City  Clerk  ;  they  are  not  in  the  City  Archives  ;  a  few 
have  been  produced  from  private  hands ;  and  only  a  few  are  in  the  Cal- 
ifornia Archives.  See  testimony  of  R.  C.  Hopkins,  keeper  of  the 
California  Archives ;  of  A.  F.  Teschemacher,  Mayor  of  San  Fran- 
cisco; of  J.  W.  Dwinelle.  In  the  California  Archives  the  official  cor- 
respondence of  the  Governors  of  California  from  about  1834  to  1839, 
the  most  interesting  period  of  the  history  of  the  Pueblo  of  San  Fran- 
cisco, is  wanting.  See  R.  C.  Hopkins's  testimony,  ut  supra.  When- 
ever a  trace  has  been  found  in  this  inventory  of  a  document  of  pecu- 
liar interest  in  the  case,  and  which  from  its  nature  must  have  shed  light 
upon  the  points  to  be  investigated,  in  almost  every  instance  it  has  been 
found  that  this  document  could  not  be  found  either  in  the  archives,  or 
any  where  else.  See  testimony  of  Hopkins  and  Dwinelle.  That  the 
government  itself  is  answerable  for  this  loss  of  documents,  is  very 
easily  demonstrated.  On  July  llth,  1847,  a  few  days  after  the  Amer- 
icans took  possession  of  San  Francisco,  Lt.  J.  S.  Misroon,  U.  S.  Navy, 
dating  from  Yerba  Buena,  reports  that  he  had  visited  the  Mission  of 
Dolores,  and  adds : 

"  A  collection  of  public  documents  was  made  and  carefully  brought 
"to  town,  where  they  were  packed,  sealed,  and  superscribed,  by  Mr. 
"  Leidesdorff  and  myself,  and  witnessed  by  Don  Andres  Hoepender, 
"  (sealed  with  the  consulate  seal),  and  placed  in  the  Custom  House  un- 
"  der  charge  of  Military  Commander  Watson,  subject  to  such  disposi- 
"  tion  as  you  may  be  pleased  to  make."  Executive  Document,  2d  Ses- 
sion 30th  Congress,  Vol.  I,  pages  1021,  1022.  And  J.  B.  Montgom- 
ery, the  Commander  U.  S.  Navy  who  took  the  town  of  San  Francisco 
for  the  Americans,  under  date  of  July  20,  1846,  reports  to  his  superior  : 

"  I  sent  an  officer  on  Friday  to  the  rancho  of  Don  Francisco  Guer- 
"  rero,  late  sub-prefect  of  this  department,  who  came  in  on  the  summons, 
"  and  having  delivered  the  papers  of  his  department,  which  appeared 
"  to  be  of  little  importance,  was  permitted  to  return  on  his  parol  of 
"  honor  not  to  go  beyond  the  limits  of  this  district  without  my  pass- 
"  port ;  neither  to  instigate,  take  part  in,  or  in  any  way  to  countenance 
"  movements  or  designs  against  the  existing  government  or  peace  of 
"the  country."  Exec.  Doc.  as  above,  pp.  1029^  1030.  That  the  Uni- 
ted States  Government  thus  got  possession  of  the  archives  of  the  Mis- 
sion and  of  the  Sub-Prefecture  of  the  Juzgado  of  San  Francisco,  thus 
appears  very  clearly.  That  the  documents  thus  obtained  were  the  very 
documents  most  needed  to  elucidate  the  history  of  the  Pueblo  of  San 
Francisco,  is  very  evident  from  the  inspection  of  the  document  Exhibit 
No.  1,  annexed  to  the  testimony  of  R.  C.  Hopkins,  as  above  mentioned. 
What  has  become  of  these  documents  ?  Where  are  they  ?  We  trace 


6  DEPARTMENT — DISTRICT — PARTIDO. 

them  into  the  possession  of  the  Government ;  what  has  the  Government 
done  with  them  ?  Happily  the  existence  of  the  PUEBLO  can  be  ctearly 
and  indisputably  established  by  the  authentic  original  documents  which 
have  not  been  lost  or  mislaid,  many  of  which  we  have  discovered  and 
produced  for  the  first  time  in  evidence.  The  most  important  and  inter- 
esting of  the  proofs  and  illustrations  in  the  case  are  printed  and  an- 
nexed to  this  argument  under  the  designation  of  ADDENDA.  They  are 
published  in  full,  because  their  purport  could  not  be  easily  understood 
from  selected  extracts;  and  their  length  is  amply  compensated  by  their 
value,  especially  since  it  is  graphically  asserted  in  these  latter  times 
that  the  claim  of  Hispano-American  Pueblos  to  four  leagues  of  land  is 
"  a  new  pretense  never  heard  of  until  since  the  conquest  of  California." 
These  documents  will  ever  remain  monuments  of  the  wise  and  pious 
benevolence  which  characterized  the  Colonial  Policy  of  Spain.  The 
original  Spanish  has  been  interjected  in  many  phrases  which  are  made 
the  subject  of  comment.  Many  of  the  translations  are  absolutely  gro- 
tesque in  their  solecisms  and  want  of  accuracy,  frequently  obscuring, 
and  often  reversing  the  sense  of  the  original ;  but  these  are  the  trans- 
lations which  both  suitors  and  the  United  States  were  formerly  obliged 
to  accept  at  the  hands  of  some  of  the  official  translators,  who,  it  is  to 
be  hoped,  understood  Spanish,  for  they  certainly  did  not  understand 
English.  These  remarks  do  not  apply  to  the  early  translations  fur- 
nished by  Hartnell,  Halleck,  and  some  others,  which  are  admirable, 
although  sometimes  liable  to  criticism  when  we  descend  from  generic 
to  specific  terms. 

DEFINITION  OF  TERMS. 

§  7-  Before  proceeding  to  the  argument  of  the  case,  it  is  necessary 
to  define  certain  terms  which  will  be  of  frequent  recurrence,  and  some 
of  which  have  no  exact  synonyms  in  the  English  law.  I  shall  make 
my  own  definitions,  giving  my  authority  for  each  of  them,  reserving, 
of  course,  to  my  opponents  the  right  to  criticise,  to  invalidate,  and  to 
destroy  them.  As  I  have  chosen  a  synthetic  form  for  my  argument,  I 
shall  make  no  excuse  for  following  that  form  in  all  its  exigencies, 
among  which  I  include  those  of  definition.  Says  Locke :  "  Before 
"  entering  into  a  discussion,  be  sure  that  you  and  your  opponent  are 
"  agreed  as  to  the  meaning  of  the  terms  employed,  for  I  have  known 
"  persons  engaged  a  full  ten  days  in  discussing  topics,  and  have  finally 
"  found  that  they  were  perfectly  agreed,  only  that  they  differed  in  the 
"  meaning  of  the  terms  employed." 

DEPARTMENT — DISTRICT — PARTIDO. 

§  8.  Sometimes  the  Mexican  Republic  was  under  a  Federative 
Constitution,  and  then  the  Californias  were  called  DEPARTMENTS,  a 
designation  corresponding  to  the  TERRITORIES  of  the  United  States; 
at  others,  the  Constitution  of  Mexico  was  centralized,  and  then,  also, 
the  Californias  were  called  DEPARTMENTS.  Each  Department  was 
divided  into  Districts ;  and  each  District  into  two  Partidos.  Under 


THE   TERM   PUEBLO.  7 

either  form  the  actual  division  of  the  Californias  was  the  same.  A 
Prefect  presided  over  the  District,  and  a  Sub-Prefect  over  the  Partido. 
See  Constitutional  Laws  of  1821 — 1822 ;  Constitutional  Laws  1836, 
ADDENDA  No.  LXIX,  page  100.  Leyes  Vigentes,  45. 

PUEBLO. 

§  9.  The  term  PUEBLO  answers  to  that  of  the  English  word  Town, 
in  all  its  vagueness,  and  all  its  precision.  As  the  word  town  in  English 
generally  embraces  every  kind  of  population  from  the  Village  to  the 
City,  and  also,  used  specifically,  signifies  a  town  "  corporate  and  politic," 
so  the  word  PUEBLO  in  Spanish,  ranges  from  the  hamlet  to  the  city, 
but,  used  emphatically,  signifies  a  town  "  corporate  and  politic."  San 
Jose  was  a  pure  pueblo,  organized  as  such ;  so  was  Los  Angeles,  until 
raised  in  1835  to  the  rank  of  a  city.  (Recopilacion  de  Arrillaya,  A. 
D.  1835,  p.  189.)  We  contend  that  San  Francisco  was  a  PUEBLO 
especial,  a  body  politic  and  corporate,  or  quasi-corporate,  thoroughly 
organized  as  a  politico-economical  Municipality,  and  the  word  PUEBLO, 
employed  without  any  restriction,  is  used  in  this  sense  in  this  argument. 
At  the  same  time  the  word  PUEBLO  was  often  used,  and  will  often  be 
found  used  in  the  documentary  evidence  in  this  case,  in  the  sense  of 
village.  Thus  the  miserable,  abandoned,  forfeited  Indian  hamlet  at 
the  Mission  Dolores,  is  sometimes  called  "  Pueblo  of  Dolores,"  which 
is  an  instance  of  the  application  of  the  word  in  its  generic  sense  of  set- 
tlement. The  Spaniards  preferred  the  word  LUGAR  to  that  of  PUE- 
BLO. The  Hispano- Americans  commonly  used  the  word  PUEBLO, 
probably  because  the  American  PUEBLOS  differed  so  much  from  the 
Spanish  LUGARES,  as  we  have  before  shown :  the  variation  in  the 
terms  denoted  the  specific  varieties  of  members  of  the  same  general 
family,  and  the  word  PUEBLO  as  used  in  America,  denoted  one  of  the 
emancipated,  homogeneous,  American  PUEBLOS  which  owed  their  exis- 
tence to  the  experience,  wisdom,  piety,  and  bounty  of  the  Kings  of 
Spain.  See  ante  §§  2  to  5  of  this  argument. 

But,  without  some  further  distinctions,  we  shall  mislead  ourselves. 
A  PUEBLO  manifested  itself  in  various  ways.  It  had  a  political  juris- 
diction, embracing  all  the  legal  voters,  within  a  certain  territory.  It 
had  a  judicial  jurisdiction:  "by 'termino  Jurisdiccional,' Jurisdiction, 
" '  Partido,'  or  '  Distrito/  -is  understood  all  that  is  comprised  within  the 
"  limits  to  which  the  jurisdiction  of  the  Alcalde  or  Judge  of  the  Pue- 
"blo  extends."  Governor  Gutierrez,  Jan.  25,  1836,  ADDENDA  No. 
XXXIII,  page  51,  3d  1[  from  the  foot.  It  had  also  a  proprietary 
existence,  embraced  in  the  phrase  "  termino  municipal,"  "  fundo  legal," 
"  the  lands  owned  by  the  corporation :"  "  that  land  which  has  been 
"assigned  to  the  PUEBLOS  for  the  relief  of  their  herds,  within  which 
"neither  the  cattle  nor  inhabitants  Of  neighboring  PUEBLOS  can  enter, 
"  for  the  purpose  of  grazing  or  cutting  wood,  without  being  denounced, 
"[prosecuted?]  unless  they  have  some  letter  of  commonalty."  Gov- 
ernor Gutierrez,  Jan.  25, 1836,  ADDENDA  No.  XXXIII,  page  51,  2d  1[ 
from  the  foot.  So  far  as  the  documentary  testimony  throws  any  light 


8  PROPIOS,   ARBITRIOS,   SUERTES,   ETC. 

on  the  subject,  the  political  and  judicial  authority  of  the  pueblos  seems 
to  have  extended  to  the  same  district  or  territory,  and  the  proprietary 
ownership  to  have  been  restricted  within  narrower  limits,  namely,  to 
the  four  leagues  of  land  belonging  to  the  pueblo,  the  "  termino  munici- 
pal." We  shall  see,  in  the  course  of  this  argument,  how  far  these  dis- 
tinctions are  justified  and  maintained. 

PROPIOS  AND  ARBITRIOS. 

§  10.  The  PROPIOS  were  such  lands,  houses,  or  other  property  of 
cities  and  pueblos  as  were  rented,  and  the  proceeds  thereof  applied  to 
the  payment  of  municipal  expenses.  Salva,  Die.  Esp.;  Escriche,  Die. 
de  Legis.  in  verbo.  ARBITRIOS,  as  applied  to  cities  and  pueblos,  are 
taxes,  licenses,  and  other  impositions  laid  upon  certain  trades,  occupa- 
tions, pursuits,  conveniences  and  luxuries,  in  order  to  defray  the  muni- 
cipal expenses.  Escriche,  Die.  de  Legislacion ;  Salva  Die.  Esp.  in 
verbo.  Febrero  Mejicano,  vol.  1,  pp.  304,  30.5,  etc.  Escriche  says  : 
"  This  property  is  a  part  of  the  patrimony  of  the  Pueblo,  and  is  ad- 
"  ministered  by  the  Ayuntamiento,  or  a  special  board  established  for 
"  that  purpose  : — estos  bienes  patrimoniales  del  Pueblo  se  llaman  Pro- 
"  pios  yse  administran  por  el  Ayuntamiento  6  una  junta  especial  estab- 
"  lecida  al  intento :"  in  verbo  Bienes  concejiles.  Says  Governor  Gutier- 
rez, over  the  date  of  January  25th,  1836:  "  The  terrenos  de  Propios 
"  are  lands  assigned  to  the  Ayuntamiento,  so  that  by  leasing  them  to 
"  the  best  bidders,  for  a  term  not  exceeding  five  years,  they  may  de- 
"  fray  their  expenses  by  the  proceeds ;  and  the  Ayuntamiento  may 
"  propose  the  amount  of  rent,  mentioning  it  in  the  petition  which  is 
"  presented."  See  ADDENDA,  No.  XXXIII,  page  51,  last  IT  on  the 
page. 

SUERTES,  SOLARES,  SITIOS. 

§  11.  SUERTES  were  the  cultivable  lots  of  land  granted  to  colo- 
nists in  California,  near  the  Pueblos,  and  within  the  four  leagues  as- 
signed to  the  Pueblo.  Each  SUERTE  is  defined  by  the  Regulations  of 
Colonization  of  Felipe  de  Neve  of  1779-1781,  to  consist  of  two  hun- 
dred varas  in  length,  and  two  hundred  in  breadth.  See  ADDENDA,  No. 
IV,  §  5,  page  4.  The  Spanish  vara  or  yard,  is  33  inches  long.  In  the 
Plan  of  Tepic,  A.  D..  1789,  the  suertes  are  designated  as  being 
200  X  400  varas.  See  ADDENDA,  No.  VII,  Art.  14,  page  13.  But 
their  area  is  of  no  consequence  ;  it  is  sufficient  for  our  present  pur- 
pose, that  they  were  tracts  of  cultivable  lands  granted  to  colonists. 
SOLARES,  [Solum,  area,  Salvd,~\  building  lots,  granted  to  colonists,  and 
which  were  to  conform  to  a  precise  plan,  and  to  the  designated  squares 
and  streets.  Regulations  of  Felipe  de  Neve  of  1779-1781.  ADDENDA, 
No.  IV,  §  4,  page  4 ;  Plan  of  Pitic.  ADDENDA,  No.  VII,  Art.  8,  page 
12.  The  word  sitio  originally  meant  only  a  "  place,"  "situ"  and  when 
a  person  petitioned  for  a  "  sitio  of  land,"  he  was  understood  to  ask  for 
a  "place  "  to  live  upon.  But  afterwards  it  came  to  have  a  more  spe- 
cific meaning :  a  "  sitio  de  ganado  mayor, — a  sitio  of  large  (neat)  cat- 
tle," signifying  a  square  of  5,000  Spanish  varas,  or  yards  ;  and  a  "  sitio 


AYUNTAMIENTO — MUNICIPALITY.  9 

de  ganado  menor — of  smaller  cattle — sheep,  etc."  signifying  a  square 
of  3,3331  Spanish  yards.  Exec.  Doc.  1st  Sess.,  31st  Cong.  Doc.  17, 
page  145.  But  "sitio,"  without  any  qualification,  is  generally  under- 
stood to  signify  a  square  league  of  land,  and  will  be  so  used  in  this 
argument. 

AYUNTAMIENTO  —  REGIDOR — PROCURADOR  —  SINDICO — MUNICI- 

PALIDAD. 

§  12.  The  word  Ayuntamiento  is  best  rendered  by  the  English 
term  Common  Council,  [commune  Council,]  to  which  it  exactly  corres- 
ponds. If  we  restore  the  word  to  its  barbarous  Latin  etymology,  adjun- 
gamentum,  its  force  becomes  at  once  apparent.  "  AYUNTAMIENTO  :  el 
"  congreso  6  junta  compuesta  de  la  justicia  6  alcalde  regidores  y  demas 
"  individuos  encargados  de  la  administration  6  gobierno  economico-po- 
"  litico  de  cada  pueblo.  Suele  llmarse  tambien  rejimiento,  cabildo,  con- 
"  cejo,  municipalidad  y  cuerpo  municipal.  Escriche  Die.  de  Legisla- 
"  cion,  in  verbo.  Ayuntamiento  :  the  body  or  legislature  composed  of 
"  the  justice,  or  alcalde,  the  regidores,  and  the  like  persons  who  are 
"  entrusted  with  the  administration  or  politico-economical  government 
"  of  each  pueblo.  It  is  also  called  Regimiento,  [decurionum  consessus  ; 
"  Salva]  Cabildo,  [Senatus  inunicipalis ;  Salva;]  concejo,  [council;] 
"  Municipalidad,  [Municipality ;]  y  cuerpo  municipal,  [municipal 
"  body.]  Salva  gives  the  term  the  same  substantial  definition,  and 
adds  the  Latin  definitions  :  Congressus,  Senatus,  Coetus. 

REGIDOR,  a  common  Councilman  ;  an  Alderman.  "  Cada  uno  de 
"  los  individuos  del  Ayuntamiento  encargados  del  gobierno  economico 
"  de  los  pueblos.  Decurio. — Each  of  the  persons  belonging  to  the 
"  Ayuntamiento  who  are  entrusted  with  the  economical  government  of 
"  the  Pueblos."  SALVA  Die.  Esp.  in  verbo. 

"  PROCURADOR  SINDICO.  El  sugeto  que  en  los  ayuntamientos  6 
"concejos  tiene  el  cargo  de  promover  los  intereses  de  los  pueblos, 
"defiende  sus  derechos,  y  se  queja  de  los  agravios  que  se  les 
"hacen.  Tiene  asiento  en  los  ayuntamientos.  Procurator  syn- 
"  dicus,  municipii  tribunus.  Procurador  sindico :  the  person  who 
"in  the  Common  Council  is  charged  with  promoting  the  interests 
"of  the  Pueblos,  defending  their  rights,  and  complaining  [remedy- 
"ing  by  suit]  public  injuries  when  they  occur.  He  has  a  seat 
"in  the  Common  Council."  SALVA,  Diccionario  Espanol'in  verbo. 
The  functions  of  Procurador  really  answered  to  Fisc  and  City  Attorney. 
So  here  we  have  Ayuntamiento,  or  Common  Council ;  Regidores, 
Council  men  or  Aldermen ;  and  Procurador  Sindico,  or  City  Attorney, 
and  Fisc,  in  exact  correspondence  to  the  organization  and  officers 
of  an  American  or  English  Municipality.  But  it  will  be  observed 
and  hereafter  shown,  that  although  a  PUEBLO  could  not  have  its 
Ayuntamiento,  Councilmen  and  Attorney,  without  being  fully  organ- 
ized and  entitled  to  all  the  rights  of  a  Pueblo,  yet  the  converse  was 
not  true,  and  a  Pueblo  might  be  fully  organized,  and  entitled  to  all  the 
rights,  political  and  proprietary,  including  its  four  square  leagues  of 


10  BIENES   CONCEJILES — EJIDOS. 

land,  without  having  an  Ayuntamiento.  Or,  it  might  have  an  Ayun- 
tamiento,  and  lose  it,  without  losing  its  political  or  proprietory  rights, 
for  the  basis  upon  which  an  Ayuntamiento  rested  was  that  of  popula- 
tion ;  a  basis  often  numerically  changed  by  positive  law,  and  often 
shifting  from  various  causes.  See  §§  47,  89  to  92  of  this  argument. 

"  MUNICIPALIDAD.  Vos  que  va  introduciendose  sin  necesidad  en 
"lugar  de  Ayuntamiento  6  Concejo — a  word  which  is  unnecessarily 
"  getting  itself  introduced  in  place  of  *  Common  Council.'  "  SAL  VA, 
Die.  Esp.  in  verbo. 

BIENES  CONCEJILES.     [TOWN  PROPERTY.] 

§  13.  "  BIENES  CONCEJILES — Los  que  en  cuanto  a  la  propiedad 
"  pertenecen  al  comun  6  concejo  de  una  ciudad,  villa  6  lugar,  y  en 
"  cuanto  al  uso  a  todas  y  cada  una  de  sus  vecinos ;  como  las  fuentes, 
"montes,  dehesas,  pastes,  etc.  Partida  3,  tit.  28,  Ley.  9.  TOWN 
"  PROPERTY.  That  which  in  respect  of  ownership  belongs  to  the  pub- 
"  lie  or  council  of  a  city,  villa,  or  town,  and  in  respect  of  its  use  belongs 
"to  every  one  of  its  inhabitants,  such  as  fountains,  woods,  the  pas- 
"  tures,  etc."  Escriche,  Die.  de  Legislacion,  in  verbo.  "  Town  Prop- 
erty," is  the  English  synomym  which  both  popularly  and  logically  in- 
cludes the  definition. 

EJIDOS,  OR  EXIDOS. 

§  14.  EJIDOS  or  EXIDOS,  [Exitus,  Salva,  Die.  Esp.]  The  vacant 
suburbs  of  the  PUEBLO.  Our  English  word  commons  well  translates  this 
term,  and  I  should  employ  that  word  exclusively  were  it  not  that  it 
seems  to  have  misled  some  of  our  early  translators,  who,  with  a  stupid- 
ity which  seems  almost  malicious,  have  translated  ejidos  by  "  common 
lands,"  as  if  it  included  the  pasture  grounds  of  the  PUEBLO,  as  well  as 
the  "commons."  Instances  of  this  mistranslation  will  occur  in  many 
of  the  documents  in  this  case  which  both  parties  have  been  compelled 
to  accept  at  the  hands  of  the  official  translators.  But  it  simply  means 
the  vacant  suburbs,  and  nothing  more.  Says  Governor  Gutierrez,  in 
1836 :  "  By  Ejidos,  are  understood  lands  that  are  immediate  to  and  in 
"  the  circumference  of  the  Pueblo,  which  serve  both  for  the  relief  and 
"  the  convenience  of  the  inhabitants,  who  may  keep  therein  a  few 
"  milch  cows  and  horses  for  their  use,  and  to  form  walks  or  alleys  which 
"  may  adorn  the  entrance  of  the  place,  so  that  the  ejidos  may  have  a 
"  quarter  or  half  a  league  around  the  town,  which  is  sufficient  for  its 
"  ventilation,  and  the  Ayuntamiento  may  dispose  of  these  lands  for 
"building  lots,  [solares.]"  See  Expediente  of  the  Presidial-Pueblo  of 
Monterey,  respecting  its  Ejidos,  or  Suburbs.  ADDENDA,  No.  XXXIII, 
page  52,  If  2d.  ."  EJIDOS — El  campo  6  tierra  que  esta  a  la  salida  del 
"  lugar,  y  no  se  planta  ni  se  labra,  y  es  common  para  todos  los  vecinos. 
"  Viene  de  la  palabra  latina  exitus  que  significa  salida.  Los  ejidos 
"  de  cada  Pueblo  estan  destinados  al  uso  comun  de  sus  moradores  :  na- 
"  die  por  consiguiente  puede  apropiarselos,  ni  ganarlos  por  prescripcion, 
"  ni  edificar  en  ellos,  ni  mandarlos  en  legado.  EJIDOS  :  The  field  or  land 


DEHESAS.  11 

"  which  is  at  the  exit  of  the  town,  and  can  neither  be  planted  nor  cul- 
"  tivated,  and  is  common  to  all  the  citizens.  It  comes  from  the  Latin 
"  word  exitus,  which  signifies  the  exit,  or  suburbs.  The  ejidos  of  each 
"  Pueblo  are  designated  for  the  common  use  of  its  inhabitants :  conse- 
"  quently  no  one  can  appropriate  them,  nor  acquire  them  by  prescription, 
"  nor  build  on  them,  nor  devise  them."  Escriche,  Die.  de  Legislacion, 
in  verbo.  These  ejidos  are  recognized  in  the  Regulations  of  Felipe  de 
Neve,  1779 — 1781.  ADDENDA,  No.  IV,  §  4,  page  4,  and  receive  the 
same  definition  above  given,  in  the  Plan  of  Pitic,  1787.  ADDENDA, 
No.  VII,  Art.  11,  page  13.  They  were,  therefore,  a  portion  of  the 
most  inalienable  patrimony  of  the  Pueblo;  they  could  be  alienated 
only  for  the  purpose  of  granting  solares,  or  building  lots,  as  Governor 
Gutierrez  says  above,  and  this  only  from  absolute  necessity,  for  the 
growth  of  the  Pueblo  would  otherwise  be  circumscribed.  By  Law  13, 
Title  VII,  Book  IV,  of  the  Leyes  de  los  Indias,  each  Pueblo  was 
entitled  to  have  its  ejidos  assigned  out  of  its  domain.  This  peculiarity 
of  the  vacant  suburbs  often  appears  in  comparative  jurisprudence.  On 
this  subject  we  can  consult  with  interest  and  profit  "  Le  Recueil  Alpha- 
betique  de  Questions  de  Droit,"  par  Merlin,  Tome  III,  page  396,  aux 
titres  COMMUNE  et  COMMUNAUX,  (biens,)  for  a  resume  of  the  French 
jurisprudence  on  that  point,  which,  it  may  well  be  presumed,  has 
repeated  itself  throughout  all  modern  Europe.  The  same  inviolability 
was  early  recognized  in  the  Hebrew  theocracy :  "  the  field  of  the  sub- 
urbs of  their  cities  may  not  be  sold ;  for  it  is  their  perpetual  possession." 
Leviticus  34. 

These  PUEBLOS  were  usually  called  Pueblos  de  Espanoles — Spanish 
Pueblos,  or  Pueblos  de  gente  de  razon — Pueblos  of  People  of  reason — 
to  distinguish  them  from  those  of  the  Indians,  who  were  not  supposed 
to  have  that  faculty.  Concerning  Indian  Pueblos,  see  §  17  of  this 
argument. 

DEHESAS. 

§  15.  The  Dehesas  were  the  great  Pasture  grounds  where  the 
large  herds  of  the  Pueblos  roamed  and  grazed.  An  attempt  has  been 
made  to  confound  them  with  the  Ejidos  (respecting  which  see  ante 
§  14),  and  "ejidos  y  dehesas"  are  often  translated  in  one  phrase  as 
"  commons  "  or  "  pasture  grounds."  But  dehesa  receives  its  definition 
in  the  Plan  of  Pitic  (see  ADDENDA  No.  VII,  Art.  13,  page  13,  where 
it  is  designated  as  u  la  dehesa  6  Prado  Boyal — "Pratum  bovinum — 
the  GREAT  HERD  PASTURE.  In  this  same  article  it  is  also  contradis- 
tinguished from  the  ejidos :  "  los  ejidos  y  a  la  dehesa,  the  ejidos  and 
"  the  dehesa."  In  the  Regulations  of  Felipe  de  Neve,  the  same  contra- 
distinction is  observed :  "  exido  competente  para  el  pueblo,  y  Dehesas ; 
"  ejidos  and  dehesas ;"  §  4.  See  ADDENDA,  No.  IV,  §  4,  page  4,  and 
in  §  8  of  the  same  we  have  again  "  exido  y  dehesa."  As  we  proceed 
in  the  course  of  this  narrative  we  shall  find  that  ejidos  has  often  been 
translated  "  commons,  common  property  and  landed  property ;"  that 
"  dehesas  "  has  often  been  rendered  by  the  same  terms,  and  "  ejidos  y 
"  dehesas  "  again  translated  by  the  same  terms,  as  if  they  were  equiva- 


12  HOW  THE  PUEBLO   LANDS  MIGHT  BE  DIVIDED. 

lent.  But  as  we  have  seen,  ante  §§13  and  14  and  in  this  section, 
although  both  these  terms  were  generically  included  in  "  commons," 
"  landed  property "  and  "  town  property,"  yet  specifically  they  were 
different.  Ejidos  being  those  commons  or  vacant  suburbs  at  the  exit 
of  the  Pueblo  which  could  never  be  sold,  and  dehesas  the  great  cattle 
pastures  in  which  the  inhabitants  had  a  right  of  commons,  but  which 
the  Government  could  dispose  of, — which  the  Government  at  one  time 
did  order  to  be  sold, — and  the  greater  part  of  which  belonging  to  the 
Pueblo  of  San  Francisco,  the  Government  did  actually  grant  to  set- 
tlers, while  at  the  same  time  the  ejidos  were  positively  forbidden  to  be 
granted  or  sold.  See  ADDENDA,  No.  XI,  page  20,  §  1,  etc.  By  Law 
14,  Title  VII,  Book  IV,  of  the  Leyes  de  las  Indias,  each  Pueblo  was 
entitled  to  have  its  dehesas  assigned.* 

How  THE  PUEBLO  LANDS  MIGHT  BE  DIVIDED. 

§  16.  Assuming  that  a  Pueblo  was  entitled  to  four  leagues  of  land, 
these  lands  were  capable  of  being  divided  into  several  portions,  each 
assigned  to  its  respective  uses.  FIRST,  the  site  of  the  town  proper, 
including  the  public  square  and  streets,  the  building  lots  fronting  on 
them,  and  the  propios  to  be  rented  for  public  revenue.  De  Neve's 
Regulations,  ADDENDA,  No.  IV,  §  4,  page  4 ;  Plan  of  Pitic,  ADDENDA, 
No.  VII,  Art.  8,  page  12.  SECONDLY,  the  vacant  Suburbs,  or  Ejidos, 
lying  next  to  the  Pueblo.  See  Ejidos,  ante,  §  14.  THIRDLY,  the 
Suertes  or  sowing  grounds  granted  to  each  inhabitant.  See  ante,  §  11. 
FOURTHLY,  the  Dehesas,  or  Great  Cattle  Pasture,  lying  beyond.  See 
Dehesas,  ante  §  15.  Common,  everywhere,  were  the  Montes  y  Aguas, 
the  woods  and  waters.  But  although  these  four  leagues  might  be  thus 
divided,  I  do  not  find  in  the  original  law  granting  them  to  the  Pueblos, 
nor  in  any  subsequent  enactment,  any  provisions  imposing  a  forfeiture 
of  the  lands  in  case  this  division  was  not  made.  In  fact  the  division 
depended  upon  the  convenience  of  the  Pueblo.  It  might  or  might  not 
be  made.  But  still  the  four  leagues  of  land  belonged  to  the  Pueblo. 

*  NOTE.— DEHESAS.—  We  read  in  Catullus,  LXXXII : 

"  Cftommoda  dicebat,  siquandp  cpmmoda  vellet 
Dicere,  et  Atnsidias  Arrius  iiisidias. 
****** 

Ionics  fluctus,  postquam  iliuc  Arius  isset 
Jam  non  lonios  esse  sed  Hionios." 

The  introduction  of  the  aspirate  by  the  Latin  provincials,  the  supplanting  of  a  letter 
by  the  aspirate,  and  the  final  softening  and  disappearance  of  the  aspirate  itself,  with  the 
substitution  of  cognate  letters,  will  solve  many  etymological  mysteries  in  French  and 
Spanish.  Thus  CABALLUS,  cftaballus,  coeval.  CASA,  cfoisa,  chez.  PILLUS,  fhilio, 
hilio,  hijo.  CONCILIUM,  concilio,  concejo.  CABALLUS,  caballo,  cabayo,  cavayo.  But 
dehesas  presents  an  unusual  modification  of  the  original  word :  DEFENSAS,  def&ensas, 
dehesas,  and  sometimes  deesas.  Our  English  word  "  fence  "  is  of  the  same  etymology 
as  dehesas.  Says  Escriche,  Die.  Razonado  de  Legislacion :  "  Dehesa  viene  del  verbo 
"  latino  defenders  gue  significa  defender  6  prohibir" — "It  comes  from  the  Latin  word 
defenders,  which  signifies  to  defend  or  prohibit."  This  was  because  neighboring  pro- 
prietors were  prohibited  to  pasture  their  flocks  on  the  dehesas. 


13 

COMUNIDAD — COMMUNITY.  INDIAN  PUEBLOS. 
§  17.  By  the  term  Comunidad — Community,  as  used  in  the  Spanish 
and  Hispano-American  law,  I  understand  to  be  primarily  designated  a 
"  body  or  congregation  of  persons  who  are  united  under  certain  consti- 
"  tutions  or  rulers,  such  as  convents,  colleges  and  other  similar  bodies : 
"la  junta  6  congregacion  de  personas  que  viven  unidas  bajo  ciertas 
"  constituciones  y  reglas,  como  los  conventos,  colegios,  y  otros  cuerpos 
"  semejantes."  Escriche  Die.  Razonado  de  Legis.,  et  Jurispr.  in  verbo 
comunidad.  In  England,  where  religious  communities  have  for  the 
greater  part  been  abolished,  and  in  the  United  States,  where  they  have 
scarcely  ever  existed,  the  term  community  has  become  expanded  into 
an  indefinite  application.  But  I  shall  insist,  and  hope  to  demonstrate, 
that  in  the  Hispano-American  law,  the  term  "  comunidad "  never 
ceased  to  preserve  its  specific  meaning,  and  was  always  applied  to  a 
body  of  persons  living  in  "  community "  in  the  proper  sense  of  the 
term.  Thus  we  shall  see  that  while  the  body  of  the  citizens  of  the 
Pueblo  of  San  Francisco  was  styled  "  the  Municipality,"  "  the  Corpo- 
ration," " the  Public, — el  comun"  the  Mission  of  Dolores  was  styled 
" the  community, — la  communidad"  that  being  the  very  term  of  law 
which  defined  the  body  of  the  Indian  residents  there,  and  their  rights 
and  relations  to  each  other.  The  Indian  Pueblos  were  of  early  origin. 
It  was  the  policy  of  Spain,  adopted  as  early  as  the  year  1551  by  the 
Emperor  Charles  V,  and  never  departed  from  by  his  successors,  that 
the  Indians  should  be  induced  and  compelled  to  live  together  in 
villages,  this  being  considered  the  only  possible  condition  of  their 
becoming  civilized.  The  ordinances  decreed  for  this  purpose  are 
exceedingly  minute  and  well  digested,  and  are  principally  to  be  found 
in  the  Leyes  de  las  Indies,  Lib.  V,  titulo  III.  It  was  decreed  that  the 
Indians  should  be  settled  in  villages ;  that  churches  should  be  estab- 
lished for  them ;  that  they  should  be  governed  by  Indian  Alcaldes, 
and  Indian  Regidores  (council-men)  ;  that  no  Indian  should  remove 
from  his  own  village  to  another,  nor  live  outside  of  his  own  village ; 
that  no  Spaniard,  negro,  mestizo,  or  mulatto  should  live  in '  an  Indian 
Pueblo,  even  though  he  bought  lands  there ;  that  no  Spaniard  should 
sojourn  in  an  Indian  Pueblo  beyond  one  day  after  the  day  of  his 
arrival,  and  other  like  provisions  of  police.  Ibid.  It  will  be  difficult 
to  recognize  any  of  these  features  in  the  PUEBLO  of  San  Francisco, 
upon  whose  history  we  are  about  entering.  The  interesting  fact  of 
Indian  Alcaldes  and  Indian  Common-Council  men  will  among  others, 
be  entirely  wanting.  The  lands  belonging  to  Indian  Pueblos  were 
called  Tierras  de  Comunidad. 

ESPEDIENTE EXPEDIENTE.       INFORME.       VlSTA.       BORRADOR. 

§  18.  The  first  two  of  these  terms,  which  are  of  the  same  ety- 
mology,— negotia  EXPEDIRE — signify  that  collection  of  papers  or  docu- 
ments which  shows  the  despatch  or  expedition  of  a  matter  in  hand.  In 
an  ordinary  grant  of  lands  the  espediente,  or  collected  documents  will 
generally  consist  of: 

FIRST  :  The  petition,  setting  out  the  situation,  qualifications  and 
claims  of  the  petitioner. 


14  THE   PUEBLOS   OF   CALIFORNIA. 

SECONDLY  :  The  informs  or  marginal  order  of  the  Governor,  direct- 
ing the  respective  (proper)  inferior  officer  to  inform  himself  and  report 
to  the  Governor. 

THIRDLY  :  The  report  of  the  respective  officers. 

FOURTHLY  :  The  vista,  or  order  of  the  Governor  upon  the  report, 
so  called  because  it  almost  always  begins,  "  Vista — having  seen,"  etc., 
which  contains  the  grant  or  refusal  of  the  Governor,  and  the  lorrador 
or  rough  draft  of  the  grant,  if  one  is  made. 

FIFTHLY  :  Any  proceeding  taken  afterwards  by  the  Departmental  Jun- 
ta, or  Assembly,  approving  or  disapproving  the  action  of  the  Governor. 

But  in  relation  to  any  proceedings,  the  whole  bundle  (or,  as  the 
French  say)  the  "  dossier  "  of  all  the  documents  relating  to  any  execu- 
tive or  administrative  proceeding  is  called  the  "  espediente,"  or  as  we 
say  in  Anglo-American  English,  "  the  Documents."  Thus  when  the 
Ayuntamiento  of  the  PRESIDIAL-PUEBLO  of  Monterey,  in  the  year 
1836  applied  to  have  the  EJIDOS  of  that  PUEBLO  assigned,  the  whole 
series  of  documents  promoted  (instituted)  on  that  occasion  are  called 
ESPEDIENTE — EXPEDIENTS.  See  ADDENDA,  No.  XXXIII,  page  49. 
So  when  certain  citizens  of  the  Department  of  Upper  California  wished, 
A.  D.  1836,  to  separate  themselves  from  the  jurisdiction  of  the  Ayun- 
tamiento of  the  PUEBLO  of  San  Francisco,  and  attach  themselves  to  the 
jurisdiction  of  the  PUEBLO  of  San  Jose,  the  whole  bundle  (dossier  en 
Francais)  of  documents  relating  to  that  proceeding  is  styled  in  Spanish, 
the  "  Espediente."  See  ADDENDA,  No.  XXIX,  page  44,  etc.  "  ES- 
PEDIENTE," Spanish,  the  bundle  of  papers  showing  how  the  matter 
was  expedited ;  the  dossier  in  French,  the  papers  whose  endorsement 
sufficiently  indicated  their  contents ;  the  "  documents,"  as  the  Anglo- 
Americans  expectorate  the  term  ;  the  "  Record,"  in  legitimate  Anglo- 
Norman  English;  the  papers  showing  "what  it  is  all  about"  in  the 
language  of  the  frontiers.  This  term  will  be  of  constant  recurrence. 
The  Hispano-Americans,  among  other  traditions,  had  that  of  order, 
association,  and  arrangement.  They  attached  each  "  document "  to  the 
one  which  immediately  preceded  it  in  its  respective  series.  Conse- 
quently their  Archives  have  an  extraordinary  reliability,  always 
excepting  the  case  of  theft,  or  of  a  systematic  spoliation.  As  this 
argument  is  cast  in  a  narrative,  or  popular  form,  it  does  not  seem  amiss 
to  define  anew  this  familiar  law  term. 

THE  PUEBLOS  OP  CALIFORNIA. 

§  19.  Historical  events,  arranged  and  narrated  in  the  order  of 
their  respective  dates,  follow  each  other  in  a  natural  logical  sequence, 
and  as  the  strength  of  my  argument  is  derived  from  the  constantly- 
recurring  recognition  of  the  Pueblo  of  San  Francisco  by  all  the  legis- 
lative, executive,  and  ministerial  authorities  of  California  during  a  long 
period  of  years,  I  shall  content  myself  by  presenting,  FIRST,  a  succinct 
history  of  the  colonization  of  this  country,  and  SECONDLY  a  specific 
history  of  the  settlement  and  progress  of  this  PUEBLO. 

The  Pueblos  of  California  originated  in  three  different  ways.   FIRST, 


JESUIT  VOYAGES  AND   MISSIONS.  15 

there  were  PUEBLOS  which  were  founded  as  such :  the  Pueblo  (after- 
wards city)  of  Los  Angeles,  the  Pueblo  of  San  Jose,  and  the  Villa  of 
Branciforte  were  of  this  class. 

SECONDLY :  PUEBLOS  which  originated  in  the  settlement  of  the 
PRESIDIOS,  and  grew  up  under  their  protection.  Of  these  PRESIDIAL- 
PUEBLOS  there  were  four,  namely :  the  PUEBLO  of  San  Diego, 
the  PUEBLO  of  Santa  Barbara,  the  PUEBLO  of  Monterey,  and  the 
PUEBLO  OF  SAN  FRANCISCO. 

THIRDLY:  PUEBLOS  which  grew  out  of  Mission  establishments. 
Of  these  last,  a  few  struggled  into  a  transient  existence,  but  under  such 
circumstances  as  to  leave  the  circumstances  of  their  origin  in  great 
obscurity.  See  ADDENDA,  No.  LXII,  page  89,  §  2. 

THREE-FOLD    PLAN    OF    THIS    COLONIZATION   OF    CALIFORNIA  : 
MISSIONS,   PRESIDIOS,   AND    PUEBLOS,    INCLUDING  PRESIDIAL- 

PUEBLOS. 

§  20.  The  plan  for  the  colonization  of  California  was,  therefore, 
three-fold:  RELIGIOUS,  MILITARY,  and  CIVIL. 

"  At  the  same  time  that  the  monks  established  MISSIONS  to  civilize 
"  the  Indians,  the  Governors  founded  military  posts  called  PRESIDIOS, 
"and  PUEBLOS  (villages)  composed  of  married  soldiers  and  white 
"  colonists  who  were  brought  from  Sonora,  Sinaloa,  and  Lower  Califor- 
nia." 1  De  Mofras,  261.  A  description  of  each  of  these  establish- 
ments will  show  how  impossible  it  is  to  confound  the  PUEBLOS  of  the 
whites  with  the  missionary  establishments  founded  for  the  christianiza- 
tion  and  civilization  of  the  Indians,  and  particularly  how  distinct  a 
PRESIDIAL-PUEBLO, — a  PUEBLO  growing  up  under  the  protection  of 
a  PRESIDIO  and  becoming  an  off-shoot  from  it, — was  from  any  and 
every  form  of  organized  population  which  could  result  from  either  the 
success  or  the  destruction  of  a  MISSION  of  christianized  Indians. 

A.  D.  1642—1773. 

FOUNDATION  OF  THE  MISSIONS.    JESUIT  VOYAGES. 

§21.  "In  1642,  the  Viceroy,  the  Duke  of  Escalona,  sent  into 
"  Lower  California  the  Governor  of  Sinaloa,  with  some  members  of 
"  the  Society  of  Jesus,  to  found  missions  there,  and  civilize  the  Indi- 
"  ans."  "  Exploration  de  1'Oregon  et  des  Californies  pendant  les  annees 
1840,  1841,  1842,  par  M.  Duflot  de  Mofras,  attache  a  la  Legation  de 
France  a  Mexico," — Vol.  I,  p.  102.  M.  Duflot  de  Mofras,  an  attache 
of  the  French  Legation  at  Mexico,  was  detached  from  that  service  in 
1840,  by  Marshal  Soult,  at  that  time  President  of  the  Privy  Council  of 
Louis  Phillippe,  for  the  purpose  of  making  a  thorough  reconnoissance 
of  California  and  Oregon.  This  work  he  accomplished  in  the  most 
faithful  manner,  and  the  results,  embracing  the  most  extended  and 
accurate  description  of  California,  its  natural  history,  climatology,  social 
condition,  politics,  legislation,  and  religious  institutions,  and  containing 
even  plans  and  soundings  of  its  harbors,  with  sailing  directions  for 
entering  them  from  the  ocean,  were  published  at  Paris  by  order  of  the 


16  MISSIONS   CEDED   TO  THE  FRANCISCANS. 

King,  in  1846,  in  two  volumes,  8vo.,  being  the  book  above  cited.  It  is 
a  work  of  the  highest  authority,  and  was  doubtless  prepared  as  a  hand- 
book for  the  acquisition  of  California  by  the  French.  De  Mofras  does 
not  profess  to  have  been  in  California  later  than  1842 ;  and  his  work 
contains  internal  evidence  that  that  year  terminated  his  visit  to  that 
country. 

"  In  1 683,  the  Admiral  Atondo  went  to  La  Paz,  (on  the  eastern 
"shore  of  the  Gulf  of  California),  with  the  Jesuit  Fathers.  Salva- 
"  tierra  and  Eusebius  Kino,  (Kuhn)  a  learned  astronomer  from  Ingol- 
"  stadt.  It  is  from  the  date  of  this  epoch  that  the  regular  clergy  (reli- 
"  giosos)  were  invested  with  the  ecclesiastical,  civil,  and  military  ad- 
"  ministration  of  the  missions.  In  a  short  time  they  succeeded  in  eon- 
"  verting  all  Lower  California,  (the  peninsula),  and  the  plan  which 
"  they  adopted  will  always  serve  as  a  model."  De  Mofras,  Vol.  I,  p. 
103.  "In  1701  and  1703,  Father  Kuhn  made  his  celebrated  explora- 
"  tions  to  the  north  of  California,  and  on  the  river  Colorado.  King 
"  Philip  V  granted  to  the  Jesuit  Missions  in  California  an  annual 
"pension  of  $13,000."  De  Mofras,  Vol.  I,  p.  104.  "In  1719,  Fa- 
"ther  Guillen,  and  in  1721,  Father  Ugarte,  extended  the  domains 
"  of  their  Missions,  by  means  of  several  expeditions  by  land  in  Califor- 
nia." De  Mofras,  Vol.  I,  p.  105.  "In  1746,  Father  Consag  ex- 
"  plored  the  river  Colorado,  with  the  design  of  organizing  other  mis- 
"  sions,  which  should  render  an  overland  route  practicable  from  Sonora 
"  to  California."  De  Mofras,  Vol.  I,  p.  106. 

THE  JESUITS  SUPPRESSED.     THE  MISSIONS  CEDED  TO  THE  FRAN- 
CISCANS. 

§  22.  The  Jesuits  continued  to  extend  their  geographical  limits, 
and  to  govern  their  missions  in  the  most  paternal  manner  until  the 
year  1767,  when  they  ceded  them  to  the  Franciscans  of  the  Royal  Col- 
lege of  San  Fernando  at  Mexico.  De  Mofras,  Vol.  I,  p.  106.  "  By 
"  order  of  Charles  III,  King  of  Spain,  the  Marquis  de  Croix,  Viceroy 
"  of  Mexico,  and  the  Inspector-General  (Visitador)  of  that  Kingdom, 
"  Don  Joseph  de  Galvez,  on  the  25th  of  June,  suppressed  the  Society 
"  of  Jesus,  and  entrusted  to  the  Franciscan  Monks  of  the  College  of 
"  San  Fernando  at  Mexico,  the  administration  of  the  Missions  which  the 
"Jesuits  up  to  that  time  had  managed  with  so  much  wisdom  and  suc- 
"  cess.  The  various  donations  and  real  estate  which  constituted  the 
"  '  Pious  Fund  of  California  '  passed  into  the  hands  of  the  Franciscans, 
"  (fondo  piadoso  de  California).  Sixteen  of  these  monks,  by  direction 
"  of  their  Apostolic  Prefect,  the  Reverend  Father  Junipero  Serra,  em- 
"  barked  at  Loreto,  Lower  California,,  in  April,  1758.  On  July  16,  of 
"  the  same  year,  the  Inspector-General  of  New  Spain,  arrived  in  per- 
"  son,  bearer  of  a  royal  order  commanding  him  to  found  a  missionary 
"  establishment  either  at  the  port  of  Monterey,  or  at  that  of  San  Die- 
"  go."  De  Mofras,  Vol.  I,  p.  255. 


THE   FRANCISCANS  RETIRE  TO   UPPER   CALIFORNIA.  17 

A.  D.  1772. 

THE  FRANCISCANS  YIELD  THE  MISSIONS  OP  LOWER  CALIFORNIA 
TO  THE  DOMINICANS,  AND  ESTABLISH  THEMSELVES  IN  UPPER 
CALIFORNIA. 

§  23.  But  this  success  of  a  rival  order  excited  the  zeal  of  the 
DOMINICANS,  who  demanded  a  share  of  this  new  field  of  missionary 
labor  ;  the  result  of  which  was  that  the  Dominicans  of  Mexico  obtained 
a  royal  rescript,  by  which  the  FRANCISCANS  were  ordered  to  surren- 
der to  the  DOMINICANS  the  administration  of  one  or  two  Missions. 
"  The  Reverend  Warden  of  the  College  of  San  Fernando,  remarked, 
"  with  reason,  that  the  province  of  Lower  California  (where  most  of 
"the  Missions  were  at  that  time,)  could  not  be  divided;  that  its  limits 
"  were  well  defined  ;  and  that  serious  inconveniences  would  arise  if  the 
"two  orders  were  found  in  competition  in  the  same  territory.  He  con- 
"  eluded  by  offering  to  the  Dominicans,  in  case  they  would  take  exclu- 
"  sive  charge  of  the  whole  province  (of  Lower  California)  from  Cape 
"  St.  Lucas  to  the  port  of  San  Diego,  to  cede  to  them,  together  with 
"  all  the  Missions  then  lately  administered  by  the  Jesuits,  also  that  of 
"  Fernando  de  Vellicata,  and  the  five  others  which  were  yet  to  be  es- 
"  tablished  there.  The  Viceroy  assembled  the  Council,  and  on  April 
"  30th,  1772,  decreed  that  the  above  agreement  should  be  carried  into 
"  effect.  It  was  not,  however,  until  the  1  st  of  May  of  the  following 
"  year,  that  the  Dominicans  entered  into  definitive  possession  of  Lower 
"  California,  and  that  the  Franciscans  retired  into  Upper  California, 
"  where,  being  able  to  concentrate  all  their  efforts  upon  a  territory  less 
"  extensive  and  more  fertile,  they  soon  obtained  results  which  command 
"  admiration.  At  the  end  of  fourteen  years,  Father  Junipero,  who 
"died  in  1784,  had  already  founded  fifteen  Missions  of  Indians,  or  vil- 
"  lages  of  Spanish  colonists."  1  De  Mofras,  259.  In  the  printed  AD- 
DENDA at  the  end  of  this  argument,  No.  LXVII,  page  97,  will  be  found 
a  tabular  statement  of  the  foundation  of  all  the  Missions  of  Upper  Cal- 
ifornia, as  well  as  a  succinct  history  of  their  greatest  prosperity  and 
subsequent  ruin. 

DESCRIPTION  OF  A  MISSION. 

§  24.  DE  MOFRAS  takes  as  a  type  of  the  Missions,  that  of  SAN 
Luiz  REY,  which  was  like  the  others  in  its  management  and  discipline, 
and  differed  from  them  only  in  a  superior  architecture  and  extent  of 
decoration.  "  The  building  is  a  quadrilateral.  The  church  occupies 
"one  of  its  wings;  the  facade  is  ornamented  with  a  gallery.  The 
"  building,  raised  some  feet  above  the  soil,  is  two  stories  in  height.  The 
"  interior  is  formed  by  a  court.  Upon  the  gallery,  which  runs  around 
"  it,  open  the  dormitories  of  the  monks,  of  the  major-domos,  and  of 
"travellers;  small  work-shops,  school-rooms,  and  store-rooms.  The 
"  hospitals  are  situated  in  the  most  quiet  parts  of  the  Mission,  where 
"  the  schools  also  are  kept.  The  young  Indian  girls  dwell  in  the  halls 
"called  the  Monastery  (el  monjero)  and  they  themselves  are  called 

2 


18  DESCRIPTION   OF  A   PRESIDIO. 

"nuns,  (las  monjas);  they  are  obliged  to  be  secluded  to  be  secure  from 
"  outrage  by  the  Indians.  Placed  under  the  care  of  Indian  matrons, 
"  who  are  worthy  of  confidence,  they  learn  to  make  cloths  of  wool,  cot- 
"  ton,  and  flax,  and  do  not  leave  the  monastery  until  they  are  old 
"  enough  to  be  married.  The  Indian  children  mingle  in  the  schools 
"  with  those  of  the  white  colonists.  A  certain  number,  chosen  among 
"  the  pupils  who  display  the  most  intelligence,  learn  music,  chanting, 
"  the  violin,  the  flute,  the  horn,  the  violincello,  and  other  instruments. 
"  Those  who  distinguish  themselves  in  the  carpenter's  shop,  at  the 
"  forge,  or  in  agricultural  labors,  are  appointed  Alcalde's,  or  chiefs, 
"  (overseers),  and  charged  with  the  direction  of  a  squad  of  workmen. 
"  Before  the  civil  power  was  substituted  for  the  paternal  government 
"  of  the  missionaries,  the  administrative  body  of  each  Mission  con- 
"  sisted  of  two  monks,  of  whom  the  elder  had  charge  of  the  interior, 
"  and  of  the  religious  instruction,  and  the  younger  of  the  agricultural 
"  works.  In  order  to  maintain  morals  and  good  order  in  the  Missions, 
"  they  employed  only  so  many  whites  as  were  absolutely  necessary,  for 
"  they  well  knew  that  their  influence  was  wholly  pernicious,  and  that 
"  an  association  with  them  only  developed  among  the  Indians  those 
"  habits  of  gambling  and  drunkenness  to  which  they  are  unfortunately 
"  too  much  inclined."  1  De  Mofras,  261  etc.  "  The  regulations  of  each 
"  Mission  were  the  same.  The  Indians  were  divided  into  squads  of 
"  laborers.  At  sunrise  the  bell  sounded  the  angelus,  and  every  one 
"  set  out  for  the  church.  After  mass  they  breakfasted,  and  then  went 
"to  work.  At  eleven  they  dined,  and  this  period  of  repose  extended 
"  to  two  o'clock,  when  they  returned  to  labor  until  the  evening  angelus, 
"  one  hour  before  sunset.  After  prayers  and  the  rosary,  the  Indians 
"  had  supper,  and  then  amused  themselves  with  dancing  and  other 
"  sports.  Their  diet  consisted  of  fresh  beef  and  mutton,  as  much  as 
"  they  chose ;  of  wheat  and  corn  cakes,  and  of  boiled  puddings  (or  por- 
"  ridges)  called  atole  and  pinole.  They  also  had  peas,  large  or  small 
"  beans,  in  all  an  '  almud,'  or  the  twelfth  part  of  a  bushel  (fanega)  a 
"  week.  For  dress,  they  wore  a  linen  shirt,  pantaloons,  and  a  woollen 
"  blanket ;  but  the  overseers  and  best  workmen  had  habits  of  cloth,  like 
"the  Spaniards.  The  women  received  every  year,  two  chemises,  a 
"  gown,  and  a  blanket.  When  the  hides,  tallow,  grain,  wine,  and  oil 
"  were  sold  at  good  prices  to  ships  from  abroad,  the  monks  distributed 
"  handkerchiefs,  wearing  apparel,  tobacco,  chaplets,  and  glass  trinkets 
"  among  the  Indians,  and  devoted  the  surplus  to  the  embellishment  of 
"  the  churches,  the  purchase  of  musical  instruments,  pictures,  sacerdo- 
•"  tal  ornaments,  etc.  Still,  they  were  careful  to  keep  a  part  of  their 
•"  harvest  in  the  granaries,  to  provide  for  years  of  scarcity."  1  De  Mo- 
fras, 263,  267. 

DESCRIPTION  OF  A  PRESIDIO. 

§25.  "All  the  PRESIDIOS  were  established  on  the  same  plan: 
"  Choosing  a  favorable  place,  they  surrounded  it  by  a  ditch,  twelve 
"  feet  wide  and  six  deep.  The  earth  of  the  ditch  served  for  the  out- 


THE  MISSIONS   OWNED   NO   LANDS.  19 

"  work.  The  enclosure  of  the  Presidio  was  formed  by  a  quadrilateral, 
"  about  six  hundred  feet  square.  The  rampart,  built  of  brick,  was 
"  twelve  to  fifteen  feet  high,  by  three  in  thickness ;  small  bastions 
<;  flanked  the  angles  ;  the  Presidio  had  but  two  gates.  Its  armament 
"generally  consisted  of  eight  bronze  cannon,  eight,  twelve,  and  sixteen 
"  pounders.  Although  incapable  of  resisting  an  attack  of  ships  of  war, 
"  these  fortifications  were  sufficient  to  repel  the  incursions  of  the  Indi- 
"  ans.  Not  far  from  the  Presidios,  according  to  the  topography  of  the 
i'  land,  was  an  open  battery,  (batterie  decouverte)  pompously  styled 
"'the  castle/  (castillo).  Within  the  enclosure  of  the  Presidio  were 
"  the  church,  the  quarters  of  the  officers  and  soldiers,  the  houses  of  col- 
"  onists,  store-houses,  work-shops,  stables,  wells,  and  cisterns.  Outside 
"  were  grouped  some  houses,  and  at  a  little  distance  was  the  '  King's 
"  Farm,'  (el  rancho  del  rey,)  which  furnished  pasturage  to  the  horses 
"and  beasts  of  burden  of  the  garrison.  Four  coast  batteries  and  four 
"  presidios  defended  Upper  California.  Those  of  San  Diego,  founded 
"in  1769;  Monterey,  in  1770;  SAN  FRANCISCO,  in  1776;  and  Santa 
"  Barbara,  in  1780.  After  the  year  1770,  the  infantry  in  all  these 
"  garrisons  were  replaced  by  dragoons,  called  (companias  de  cuera,) 
"  companies  with  leather  armor.  These  soldiers,  who  formed  the  pre- 
"  sidial  garrisons  of  all  New  Spain,  wore,  besides  their  ordinary  cloth 
"  uniform,  a  sort  of  buckskin  dress,  like  a  coat  of  mail,  which  descen- 
"  ded  to  the  feet,  and  was  impenetrable  to  arrows.  They  wore  this  uni- 
"  form  only  when  in  the  field,  and  at  the  moment  of  combat,  with  a 
"  double  visored  helmet ;  a  leathern  buckler  worn  on  the  left  arm, 
"  served  to  ward  off  arrows  and  thrusts  of  the  lance  in  single  combat ; 
"  but,  while  they  defended  themselves  with  the  sabre  or  the  lance,  they 
"  could  use  neither  their  pistols  nor  their  muskets.  The  horses  them- 
"  selves,  like  those  of  the  old  knights  of  chivalry,  were  covered  with 
"  leathern  armor."  1  De  Mofras,  279,  281.  "  The  equipment  of  each 
"  Presidio  was  a  Lieutenant,  with  a  pay  of  $550;  a  Health  Officer, 
"$450;  an  Ensign,  $400;  a  Sergeant,  $265;  a  Corporal,  $225;  and 
"  seventy  soldiers  at  $217  each.  Each  soldier  had  seven  horses  and 
"a  mule,  kept  on  the  King's  Farm.  Artillerymen  were  furnished 
"  from  the  marine  department  of  San  Bias.  The  whole  establishment 
"  of  Presidio  and  forts,  including  the  pay  of  the  Governor,  at  $4,000, 
"(behaving  the  rank  of  Lieutenant  Colonel,)  was  855,000  per  an- 
"num."  1  De  Mofras,  287.  PRESIDIUM  and  PRESIDIO: — we  have 
here  the  vital  and  persistent  tradition  of  the  Roman  Camp,  thus  plant- 
ing itself  in  the  American  wilderness,  and  perpetuating  its  name  for  a 
period  which  cannot  be  estimated. 

THE  MISSIONS  HAD   NO  PROPERTY  IN  LANDS. 

§  26.  "The  term  'Mission'  includes  only  the  collection  of  houses, 
"  vineyards  and  orchards  in  the  immediate  vicinity  of  the  churches,  in- 
"  eluding  the  stock  of  cattle,  and  other  personal  property  in  the  posses- 
"  sion  of  the  priests,  and  useful  and  necessary  in  carrying  on  the  es- 
"  tablishments.  The  *  Mission  lands,'  lands  adjacent  and  appurtenant 


20  THE   MISSIONS   OWNED   NO   LANDS. 

"  to  the  Missions,  used  by  them  for  grazing  purposes,  were  occupied 
"  by  them  only  by  permission,  but  were  the  property  of  the  nation,  and 
"at  all  times  subject  to  grant  under  the  Colonization  Laws.,"  Ritchie's 
Case,  17  Howard,  U.  S.  S.  C.  Rep.,  pages  540,  561 ;  Jones'  Rep.,  13. 
These  are  the  definitions  and  propositions  of  the  law-Executive  of  the 
United  States  Government.  But  the  Missionaries  from  the  beginning 
resisted  the  application  of  this  principle,  and  denounced  as  a  robbery 
every  attempt  to  convert  any  of  the  adjacent  lands  to  private  or  secu- 
lar purposes.  An  intelligent  Spanish  traveler,  quoted  by  Mr.  Bryant, 
writes,  in  1822,  as  follows:  "  The  Missions  extend  their  possession 
"  from  one  extremity  of  the  territory  to  another,  and  have  made  the 
"limits  of  one  Mission  form  those  of  another.  Though  they  do  not 
"require  all  this  land  for  their  agriculture  and  the  maintenance  of  their 
"  stock,  they  have  appropriated  the  ivhole  ;  always  strongly  opposing  any 
"  individual  who  may  wish  to  settle  himself  or  his  family  on  any  piece 
"  between  them.  But  it  is  to  be  hoped  that  the  new  system  of  illus- 
"tration,  [enlightenment?]  and  the  necessity  of  augmenting  private 
"  property,  and  the  people  of  reason,  (gente  de  razon,  white  population,) 
"  will  cause  the  Government  to  take  such  adequate  measures  as  will 
"conciliate  the  interests  of  all."  Bryant's  California,  page  281.  These 
immoderate  pretensions  of  the  monks  undoubtedly  hastened,  if  they 
did  not  invoke,  the  project  of  secularization.  It  may  appear  strange 
that  when  it  became  inevitable  that  the  lands  adjacent  to  the  Missions 
must  be  granted  to  private  settlers,  the  Missionaries  did  not  then 
protect  themselves  at  once  and  forever,  by  procuring  the  limits  of  their 
lands  to  be  fixed,  and  formally  granted  to  them.  The  answer  to  this 
suggestion  is,  that  the  Missions  were  never  intended  to  be  permanent 
establishments.  The  following  from  the  opinion  of  Judge  Felch,  in  the 
California  Board  of  Land  Commissioners,  in  the  case  of  the  Bishop 
of  California's  petition  for  the  churches,  etc.,  at  the  Missions  which 
were  finally  confirmed  to  him,  clearly  and  concisely  expresses  the 
theory  of  the  Missionary  colonization :  "  The  Missions  were  intended, 
"  from  the  beginning,  to  be  temporary  in  their  character.  It  was  con- 
litemplated  that  in  ten  years  fvom  their  Jirst  foundation  they  should  cease. 
"  It  was  supposed  that  within  that  period  of  time  the  Indians  would  be 
"  sufficiently  instructed  in  Christianity  and  the  arts  of  civilized  life,  to 
"  assume  the  position  and  character  of  citizens ;  that  these  Mission 
"settlements  would  then  become  PUEBLOS,  and  that  the  Mission 
"  churches  would  become  parish  churches,  organized  like  the  other  es- 
"  tablishments  of  an  ecclesiastical  character,  in  other  portions  of  the 
'•  nation  where  no  Missions  had  ever  existed.  The  whole  Missionary 
"establishment  was  widely  different  from  the  ordinary  ecclesiastical 
"organization  of  the  nation.  In  it  the  superintendence  and  charge 
"  was  committed  to  priests  who  were  devoted  to  the  special  work  of 
"  Missions,  and  not  to  the  ordinary  clergy.  The  monks  of  the  College 
"  of  San  Fernando  and  Zacatecas,  in  whose  charge  they  were,  were  to 
"  be  succeeded  by  the  secular  clergy  of  the  National  Church,  the  Mis- 
"  sionary  field  was  to  become  a  DIOCESE,  the  President  of  the  Mis- 
"  sions  to  give  place  to  a  BISHOP,  the  Mission!^ churches  to  become 


"  KELIGIOUS,"  "  SECULAR,"  "  SECULARIZATION."  21 

"  CURACIES,  and  the  faithful  in  the  vicinity  of  each  parish  to  become 
"  the  parish  worshippers." 

This  policy  of  the  Spanish  law  incorporated  into  the  Missionary 
system  itself,  thus  forbade  the  assignment  of  the  ownership  of  lands  to 
any  Mission,  inasmuch  as  the  law  of  extinguishment  was  stamped  upon 
the  Mission  itself.  Mr.  William  Carey  Jones  remarks  that  they  were 
always  "  liable  to  be  secularized,  that  is,  their  temporalities  delivered 
"  to  lay  administration ;  their  character  as  Missions  taken  away  by 
"  their  conversion  into  secular  curacies  under  charge  of  the  secular 
"  clergy,  and  the  lands  appurtenant  to  them  to  be  disposed  of  as  other 
"domain."  Jones's  Rep.  13.  As  early  as  the  year  1813,  the  Spanish 
Cortez  showed  its  impatience  at  what  even  then  seemed  the  protracted 
existence  of  the  Missions,  as  such,  by  passing  a  law  indicating  its  pur- 
pose to  enforce  their  secularization.  Id.  When,  therefore,  we  read 
of  lands  "  belonging,"  "  heretofore  belonging,"  or  "  appurtenant "  to  a 
Mission,  we  shall  understand  that  lands  are  spoken  of  which  are  or 
have  at  some  time  been  in  the  possession  of  a  Mission,  for  the  tempo- 
rary uses  of  the  establishments,  lands  in  which  the  Mission  had  an 
easement,  servitude  or  usufruct,  until  terminated  by  some  legitimate 
act  of  a  competent  superior  authority. 

THE  TERMS  "RELIGIOUS,"  "SECULAR"  AND  "SECULARIZATION." 

§  27.  The  terms  "  religious  "  and  "  secular "  are  strongly  contra- 
distinguished in  the  Catholic  Church,  which  distinction  enter  into  the 
written  law  of  Spain.  A  "  Religious  "  (religioso)  is  one  who  has  taken 
the  habit  and  the  vows  of  one  of  the  "  Regular  Orders,"  such  as  the 
Franciscans,  the  Dominicans,  the  Capuchins,  and  the  like ;  hence  he  is 
also  called  a  "  Regular,"  or  one  of  the  "  Regular  Clergy."  Having 
taken  the  three  vows  of  chastity,  obedience  and  poverty,  he  has  re- 
nounced the  world,  and  therefore  is  held  to  be  civilly  dead.  For  this 
reason  he  cannot  make  a  contract,  nor  take  or  hold  property,  either  by 
purchase  or  descent ;  nor  sue  or  be  sued ;  nor  make  a  will ;  nor  fill  any 
fiduciary  or  civil  office.  A  "  Secular  "  Clergyman,  (also  called  clerigo) 
who  has  not  taken  these  vows,  is  not  subject  to  these  disabilities ;  he 
can  contract,  buy  and  sell ;  take  by  purchase  or  descent ;  make  a  will ; 
and  hold  fiduciary  and  civil  offices.  He  therefore  has  still  a  hold  upon 
"  secular  "  or  worldly  matters ;  hence  the  term  "  secular."  A  thing  is 
also  said  to  be  "  secularized  "  when  it  is  changed  from  an  "  ecclesias- 
tical" use,  purpose,  or  control,  to  a  secular  one.  Escriche,  Diccionario 
de  Legislacion ;  Religioso,  Clerigo,  Secular  y  Secularizacion.  A  Mis- 
sion is  therefore  secularized  when  its  temporalities  are  given  in  charge 
to  a  secular  or  civil  officer,  when  its  Missionary  establishment  is  super- 
ceded,  converted  into  a  curacy,  and  given  into  the  charge  of  a  Secular 
Priest.  Jones's  Report,  p.  13. 

THE  RIGHTS  OF  PUEBLOS,  AS  SUCH. 

§  28.  The  Hispano- American  laws  recognized  the  mode  of  found- 
ing towns  by  contract,  and  provided  ample  compensation  for  such  em- 


22  PUEBLOS  HAD  A  RIGHT  TO  LANDS. 

presarios — contractors  or  undertakers — as  would  agree  to  make  such 
settlements  under  certain  fixed  conditions.  Thus  it  was  enacted  by  an 
ordinance  of  King  Philip  the  Second,  (who  died  in  1598,)  that  to  e very- 
such  contractor  founding  such  a  settlement,  composed  of  at  least  thirty 
heads  of  families,  and  complying  with  the  requisite  conditions,  there 
should  be  given  four  square  leagues  of  land,  to  be  measured  in  a 
square,  or  in  a  prolonged  parallellogram,  according  to  the  nature  of  the 
ground.  Recopilacion  de  Leyes  de  los  Reynos  de  las  Indias,  Lib.  IV, 
Tit.  V,  Ley  6.  (Vol.  II,  folio  89,  Madrid  edit,  of  1774.)  See  the 
law  in  full,  ADDENDA,  No.  I.  Subsequently,  the  same  privileges  and 
the  same  donation  of  land  were  extended  to  any  number  of  married 
men,  not  fewer  than  ten.  Ibid.  Lib.  IV,  Tit.  V,  Ley  X,  (Vol.  II, 
fol.  89.)  See  the  law  in  full,  ADDENDA,  No.  II.  It  has  been  very  in- 
geniously suggested  that  this  law  did  not  apply  to  New  Spain,  but  was 
confined  to  Old  Spain ;  probably  because  the  law  is  found  among  the 
laws  enacted  for  the  Indies  only,  which  included  Mexico  and  New 
Spain,  and  because  it  provided  against  encroachment  upon  the  rights 
of  the  Indian  Pueblos !  In  effect,  it  is  suggested  that  these  laws  did 
not  apply  to  the  Spanish  colonies,  because  in  truth  they  were  specially 
devised  for  those  colonies,  and  had  no  application  to  anything  else ! 

No  SPECIAL  GRANT  OF  LAND  WAS  NEEDED. 

§  29.  It  is  often  asked  where  is  the  GRANT  of  these  PUEBLO 
lands  ?  Who  has  ever  seen  it  ?  If  a  paper  title,  or  a  document  writ- 
ten on  parchment,  signed,  sealed  and  delivered,  is  to  be  produced,  or 
its  former  existence  proved,  it  may  be  conceded  that  there  was  no 
grant.  But  no  such  paper  or  parchment  grant  ever  existed.  It  was 
enough  that  every  PUEBLO,  when  it  reached  a  certain  state  of  develop- 
ment, became  ipso  facto  entitled  to  certain  rights  in  land.  It  is  enough 
that  that  development  was  attained  by  the  PUEBLO  of  San  Francisco, 
was  officially  conceded  to  exist  by  the  Government,  and  its  rights  in 
its  Pueblo  lands  also  recognized.  It  is  not  by  an  actual  printed  or 
written  deed  of  conveyance  that  the  present  City  of  San  Francisco 
holds  its  Beach  and  Water  Lots,  but  only  by  a  Legislative  declaration 
in  the  form  of  a  law.  Laws  1851,  chap.  41,  page  307.  When  special 
corporations  are  created  by  a  general  statute,  their  general  powers  are 
not  enumerated,  but  they  obtain  them  from  the  general  Act.  Laws  of 
1850,  page  347,  which  declares  that  "  every  corporation,  as  such,  shall 
have  power," — etc.,  etc.  So  the  laws  of  Spain  and  Mexico  have  de- 
clared from  time  immemorial  that  "  every  fully  organized  PUEBLO,  as 
such,  shall  b$  entitled  to  four  square  leagues  of  land,"  as  we  have  just 
seen  in  the  next  preceding  section. 

How  THE  MEASUREMENT  OF  PUEBLO  LANDS  WAS  TO  BE  MADE. 

§  30.  The  Spanish  law,  with  that  extreme  minuteness  and  pre- 
cision which  eminently  characterize  it,  provided  for  the  survey  of  all 
donations  or  appropriations  of  public  lands  in  those  regulations  called 
"  Ordenanzas  de  Tierras  y  Aguas.'*  Without  entering  into  the  geo- 


EXPLORATION   OF   SAN  FRANCISCO   BAY  A.  D.  1772.  23 

metrical  and  arithmetical  details  of  these  regulations,  it  is  sufficient  for 
our  present  purpose  to  observe  that,  in  case  there  were  no  natural  ob- 
stacles, such  PUEBLO  lands  were  to  be  surveyed  in  the  form  of  a 
square,  first  establishing  a  central  point,  which  in  the  case  of  a  PUEBLO 
was  the  centre  of  the  Plaza,  or  Public  Square,  from  which  transverse 
lines  were  drawn  in  the  direction  of  the  four  cardinal  points,  and  then 
squared ;  but  that  if  the  nature  of  the  ground  did  not  admit  of  that 
mode  of  surveying,  as,  for  example,  if  the  sea,  mountains,  lakes,  deserts, 
rocky  wastes,  or  the  like,  interposed,  then  the  requisite  quantity  of  land 
was  to  be  made  up  in  some  other  convenient  direction ;  or  the  survey 
might  be  made  in  the  direction  in  which  mountains,  lakes  and  other 
wastes  were  found,  in  which  case  they  would  be  included  within  the 
boundaries,  but  rejected  from  the  computed  area  of  the  measurement. 
Ordenanza  de  Tierra  y  Aguas,  chap.  XI,  pages  181,  185,  187. 
(Edition  of  Madrid  and  Paris,  1855).  For  the  mode  of  making  such 
and  the  like  surveys,  see  the  same  work,  Figure  11,  page  170  of  the 
same  edition.  It  is  not  necessary  to  refer  minutely  to  these  details, 
as  the  peninsula  of  San  Francisco  is  of  such  conformation  that  the 
tide  waters  of  the  ocean  and  Bay  present  natural  obstacles  in  every 
direction,  except  towards  the  south.  The  four  leagues  of  the  Pueblo 
must  therefore  be  determined  by  taking  all  the  land  embraced  in  the 
peninsula  north  of  such  a  parallel  of  latitude,  as,  with  its  tide-water 
limits,  shall  include  four  square  leagues.  See  the  maps  of  the  U.  S. 
Coast  Survey,  and  the  map  prefixed  to  this  argument.  The  map 
prefixed  to  Langley's  San  Francisco  Directory  for  1862  contains  the 
section  lines  of  the  U.  S.  Land  Office  survey  for  the  tract  embraced 
in  the  county  of  San  Francisco,  and  they  can  easily  be  extended 
through  the  whole  map.  I  shall  refer  to  it  as  Langley's  map. 

A.  D.  1769—1770. 

FOUNDATION  OF  THE  FIRST  TWO  PRESIDIOS  IN  CALIFORNIA  :   SAN 

DIEGO  AND  MONTEREY. 

§  31.  Pursuant  to  the  above  mentioned  scheme  of  the  Civil  and 
Religious  conquest  of  California,  two  Presidios  were  immediately 
founded  in  Upper  California,  that  of  San  Diego,  Lat.  32°  39'  30"  North, 
in  1769,  ( 1  De  Mofras,  328,  332,)  that  of  Monterey,  Lat.  36°  37'  15" 
North,  in  1770,  (  1  De  Mofras,  395,  403).  Near  those  Presidios,  as  a 
part  of  the  plan  of  civil  and  religious  colonization  of  the  country,  were 
founded,  in  the  same  years  respectively,  the  Mission  of  San  Diego, 
near  the  Presidio  of  that  name,  and  the  Mission  del  Carmelo,  near  the 
Presidio  of  Monterey.  See  ADDENDA,  No.  LXVII,  page  97. 

EXPLORATION  OF  THE  HARBOR  OF  SAN  FRANCISCO. 
§  32.  But  the  establishment  of  these  two  Presidios  of  San  Diego 
and  Monterey,  with  the  consequent  support  which  they  gave  to  the 
pious  labors  of  the  missionaries,  did  not  satisfy  those  devoted  men. 
Father  Junipero  Serra,  the  founder  and  first  President  of  the  Fran- 
ciscan Missions  of  Upper  California,  and  the  real  conqueror  of  this 


24  INSTRUCTIONS   TO   COMMANDANTS  A.  D.  1773. 

region,  with  that  pious  zeal  for  the  salvation  of  souls  which  prompted 
him  ever  to  go  on  with  the  conquest  (ir  a  la  conquista !)  represented 
to  the  Marquis  de  la  Croix,  the  then  Vice-Roy  of  Mexico,  that  it  was 
a  reproach  to  Catholic  Christianity  that  there  was  no  Mission  dedicated 
to  San  Francisco  de  Asis,  the  founder  and  patron  of  the  order  which 
bore  his  name.  There  is  a  current  and  credible  tradition  among  the 
old  native  Californians  that  the  Vice-Roy  replied  :  "  If  our  Father 
"  San  Francisco  wants  a  Mission  dedicated  to  him,  let  him  show  us  a 
"  good  port  up  beyond  Monterey,  and  we  will  build  him  a  Mission 
there !"  Long  before  this  there  had  existed  a  tradition,  coming  down 
from  the  early  navigators,  that  on  the  North-Western  Coast,  about  a 
hundred  miles  north  of  Monterey,  there  existed  the  entrance  of  a  large 
bay,  through  which  vast  volumes  of  fresh  water  poured  into  the  sea 
from  rivers  flowing  from  an  unknown  distance  in  the  interior.  But 
later  explorers  had  not  been  able  to  find  this  entrance,  probably 
because  then,  as  now,  a  thick  fog  frequently  obscured  the  entrance  of 
the  Golden  Gate.  Sir  Francis  Drake  did  not  succeed  in  entering  the 
straits,  but  anchored  instead  in  the  bay  a  few  miles  above  to  which  he 
gave  his  name,  designating  the  white  cliffs  which  bound  it  as  New 
Albion.  This  bay  afterwards  was  often  reached  by  the  explorers  who 
were  seeking  the  real  "  Bay  of  San  Francisco,"  as  it  has  often  in  our 
time  been  mistaken  for  it  by  careless  or  eager  navigators,  and  thus 
made  the  scene  of  numerous  disasters ;  and  in  the  time  of  the  Marquis 
de  Croix,  the  Bay  of  San  Francisco  had  come  to  be  considered  quite 
as  apocryphal  as  the  Island  of  Formosa  or  the  Antarctic  Continent  of 
Commodore  Wilkes  in  our  day.  It  was  therefore  with  a  feeling  of 
prayerful  humorousness  that  the  Vice-Roy  invoked  the  aid  of  Saint 
Francisco  in  the  discovery  of  this  concealed  harbor.  Father  Junipero, 
however,  took  the  Vice-Roy  at  his  word,  and,  sailing  from  Monterey 
in  1772,  happily  established  the  existence  of  the  Bay  of  San  Francisco, 
which  he  re-discovered,  and  to  which  he  permanently  affixed  the  name 
of  the  patron  of  his  order.  Vida  del  Venerable  Padre  Fray  Junipero 
Serra,  por  Palou  Cap.  XXX,  etc. 

A.  D.  1773. 

INSTRUCTIONS  TO   COMMANDANTS   OF  PRESIDIOS  IN  CALIFORNIA 

IN  1773. 

§  33.  As  late  as  1773  only  the  two  Presidios  of  San  Diego  and 
Monterey  having  been  founded  in  California,  as  I  have  stated  in 
preceding  §  31,  instructions  were  given  to  the  Commandantes  of 
those  Presidios  to  assign  common  lands,  suertes,  solares,  and  sitios  to 
Indians  and  colonists,  which  instructions  are  found  at  large  in  the 
California  Archives,  Vol.  I  of  Missions  and  Colonization,  page  812, 
etc.  A  few  of  these  instructions  are  printed  in  the  Addenda,  No.  Ill, 
pages  2  and  3.  They  have  the  value  of  showing  that  at  this  early 
date  there  were  pobladores,  or  colonists  in  California,  and  that  the 
object  of  these  Instructions  was  to  provide  that  these  colonists  should 
have  lands  distributed  to  them,  even  though  they  were  not  sufficiently 


SAN   FRANCISCO   FOUNDED   A.  D.  1776.  25 

numerous  to  form  such  Pueblos  as  were  entitled  to  the  four  square 
leagues  of  land.  They  show,  also,  that  these  settlements  were  to  be 
compact,  to  be  made  in  general  conformity  with  the  laws  which  I  have 
cited  in  the  preceding  §  30  of  this  argument ;  and  were  intended  to 
form  the  cores  of  fully  organized  PUEBLOS.  The  Pueblo  of  San  Jose, 
founded  in  the  year  1777,  1  De  Mofras,  413,  seems  to  have  been 
founded  under  these  special  regulations;  and  in  fact  the  espediente  on 
that  subject  found  in  the  Archives  seems  to  demonstrate  that  there 
were. not  ten  heads  of  families  among  its  colonists,  and  in  that  case  the 
new  Pueblo  was  not  entitled  to  all  the  rights  of  a  complete  Pueblo 
under  the  laws  contained  in  the  ADDENDA,  Nos.  I  and  II.  See  Cali- 
fornia Archives,  Vol.  I,  Missions  and  Colonization,  p.  683,  etc. 

A.  D.  1776. 
FOUNDATION  OF  THE  PRESIDIO  AND  MISSION  OF  SAN  FRANCISCO. 

§  34.  The  Bay  of  San  Francisco  having  been  re-discovered,  as  I 
have  stated  in  §  32  of  this  argument,  the  then  Vice-Roy  of  New 
Spain — the  Marquis  de  Croix — thereupon,  by  an  order  dated  Novem- 
ber 12th,  1775,  gave  directions  for  the  foundation  of  a  Fort,  Presidio 
and  Mission  upon  the  Bay  of  San  Francisco.  California  Archives, 
Vol.  I  of  Provincial  State  Papers,  page  100,  etc.  The  colonists  with 
their  cattle  and  the  necessary  provisions  for  the  journey  were  to  go  by 
land  from  Monterey,  while  the  rest  of  the  equipment  was  sent  from 
the  same  port  by  sea. 

"  The  said  overland  expedition  left  the  *  presidio '  of  Monterey  on 
"the  appointed  day,  17th  of  June  of  said  year  of -1776;  it  was  com- 
posed of  the  said  lieutenant  commanding,  Don  Jose  Moraga,  one 
"  sergeant  and  sixteen  soldiers  clad  in  leather — all  married  men  with 
"  large  families  [todos  casados  y  con  crecidas  familias,  de  siete  pobla- 
"  dores  tambien  casados  y  con  familias],  of  some  followers  and  ser- 
"  vants  of  the  same,  of  herdsmen  and  drovers  who  drove  the  neat  stock 
"  of  the  Presidio,  and  the  pack  train  with  provisions  and  necessary 
"  equipage  for  the  road,  the  rest  of  the  freight  being  left  for  the  vessel 
"  which  was  about  to  sail.  And  as  regards  the  Mission,  we,  the  two 
"  missionaries  above  named,  joined  the  party  with  two  young  men- 
"  servants  for  the  Mission,  two  neophyte  Indians  of  old  California,  and 
"another  of  the  Mission  of  San  Carlos  for  the  purpose  of  trying 
"  whether  he  could  serve  as  an  interpreter ;  but  as  the  idiom  was  found 
"to  be  a  different  one,- he  only  served  to  take  care  of  the  cows  that 
"  were  brought  for  the  purpose  of  raising  a  stock  of  cattle.  The  said 
"  expedkion  went  on  towards  this  port."  Vide  de  Junipero  Serra,  por 
Palou,  Cap.  XLV.  The  Presidio  was  founded  the  17th  of  Septem- 
ber, and  the  Mission  the  9th  of  October,  1776.  The  colony,  it  will  be 
observed,  consisted  of  eight  pure  colonists  and  sixteen  soldiers,  all 
married,  that  is,  of  twenty-four  heads  of  families.  The  Presidio  and 
Mission  occupied  the  localities  designated  by  those  names  on  the 
accompanying  map.  A  Fort  was  soon  after  built  upon  the  "  Fort 
Point "  indicated  on  the  same  map. 


26  THE   NAME   SAN   FRANCISCO   DE  ASIS. 


THE  NAME  "  SAN  FRANCISCO  DE  ASIS." 

§  35.  The  new  settlements  having  been  founded  in  honor  of  the 
Patron  saint  of  the  "  Order  of  Franciscans"  his  name,  "  San  Fran- 
cisco de  Asis, — San  Francisco  of  Assisi,"  was  properly  given  to  them. 
The  addition  of  "  de  Asis  "  was  necessary  to  prevent  confusion,  to  give  a 
specific  designation  to  the  title  "  San  Francisco,"  which,  from  the  num- 
ber of  saints  of  that  name  was  hardly  more  than  generic.  For  in  the 
calendar  of  Saints,  there  were  at  least  three  thus  canonized.  .  San 
Francisco  de  Asis, — so  called  because  born  at  Assisi,  in  Italy,  A.  D. 
1182,  the  founder  and  patron  of  the  Franciscans;  San  Francisco  de 
Paula,  born  at  Paula,  in  Italy,  A.  D.  1416,  the  founder  of  the  Missions; 
San  Francisco  Salano,  born  at  Sales,  in  Savoy,  A.  D.  1567.*  So  that 
SAN  FRANCISCO  de  Asis,  as  applied  to  the  Mission,  the  Presidio,  and 
the  Presidial-Pueblo,  was  then  the  complete,  and  therefore  the  only  cor- 
rect designation  of  each  settlement  respectively,  and  without  this  full 
designation  the  term  "  San  Francisco  "  simply  must  have  created  con- 
fusion, except  when  used  in  the  immediate  vicinity  of  those  popula- 
tions. San  Francisco  Solano  had  a  Mission  in  this  vicinity,  at  So- 
noma. See  ADDENDA,  No.  LXVII,  page  97.  In  Lippincott's 
Gazetteer,  A.  D.  1860,  are  Jive  San  Franciscos,  all  Hispano-Amer- 
ican,  and  none  of  recent  origin.  What  would  the  simple  term 
"  San  Francisco "  have  suggested  to  a  Spanish  king,  colonial  min- 
ister or  viceroy,  forty  years  ago  ?  There  is  even  a  port  of  "  San 
Francisco "  on  the  Western  Coast  of  Lower  California,  in  Lat. 
30°  45'  N.  Long.  113°  40'  W.f  and  near  it  an  old  Jesuit  Mission  of 
the  same  name.  Cal.  Archives,  Vol.  I,  Miss,  and  Colon.,  p.  288.  The 
Mission  of  San  Francisco  de  Asis  early  came  to  be  called  the  Mission 
de  los  Dolores  de  nuestro  Padre  San  Francisco  de  Asis,"  [of  the 
anguish  or  sufferings]  probably  to  avoid  any  confusion  between  the 
designation  of  the  Mission  and  the  Presidio,  or  Presidial-Pueblo.  Thus 
when  we  find  the  Presidio  or  Pueblo  styled  "  San  Francisco  de  Asis," 
we  should  recognize  only  their  full  designation,  and  not  confound  them 
with  the  Mission,  but  rather  the  contrary. 

A.  D.  1779. 

FELIPE  DE   NEVE'S   REGULATIONS  OF  COLONIZATION  FOR  CALI- 
FORNIA. 

§  36.  Prominent  among  the  acts  of  legislation  respecting  the  colo- 
nization of  California,  stand  the  celebrated  "  Regulations  for  the  gov- 
"  eminent  of  the  Province  of  California  by  Don  Felipe  de  Neve,  Gov- 
"  ernor  of  the  same,  dated  in  the  Royal  Presidio  of  San  Carlos  de 

*  See  Butler's  Lives  of  the  Saints,  and  the  Encyclopaedias  generally. 

t  NOTE. — There  is  a  current  and  true  anecdote  of  one  of  the  early  commanders  of  the 
Pacific  Mail  Steamship  Company,  who  was  sent  from  New  York,  in  1848,  before  the 
discovery  of  gold  in  California  was  announced  there,  to  obtain  a  cargo  of  coal  at  Cardiff, 
Wales,  and  bring  it  to  San  Francisco,  who,  in  good  faith,  made  this  port  of  San  Fran- 
cisco in  Lower  California,  as  his  port  of  destination.  Vive  Le  Roy ! 


DE   NEVE'S   KEGULATIONS   OF   COLONIZATION   A.  D.  1779.       27 

"Monterey,  1st  June,  1773,  and  approved  by  his  Majesty  in  a  Royal 
"order  of  the  24th  October,  1781."*  The  first  section  of  this  Title 
fully  expresses  the  purpose  of  these  Regulations. 

"  1st.  The  object  of  greatest  importance  toward  the  fulfillment  of 
"the  pious  intentions  of  the  King,  our  master,  and  towards  securing  to 
"  his  Majesty  the  dominion  of  the  extensive  country  which  occupies  a 
"  space  of  more  than  two  hundred  leagues,  comprehending  the  new 
"  establishment  of  the  presidios,  and  the  respective  ports  of  San  Diego, 
"  Monterey,  and  San  Francisco,  being  to  forward  the  reduction  of,  and 
"  as  far  as  possible  to  make  this  vast  country  (which,  with  the  excep- 
"  tion  of  seventeen  hundred  and  forty-nine  Christians  of  both  sexes  in 
"  the  eight  missions  on  the  road  which  leads  from  the  first  to  the  last 
"  named  presidio,  is  inhabited  by  innumerable  heathens)  useful  to  the 
"  State,  by  erecting  pueblos  of  white  people,  (pueblos  de  gente  de  ra- 
"zon)  who,  being  united,  may  encourage  agriculture,  planting,  the 
"  breeding  of  cattle,  and  successively  the  other  branches  of  industry ; 
"  so  that  some  years  hence  their  produce  may  be  sufficient  to  provide 
"  garrisons  of  the  presidios  with  provisions  and  horses,  thereby  obviat- 
"  ing  the  distance  of  transportation  and  the  risks  and  losses  which  the 
"  royal  government  suffers  thereby.  With  this  just  idea,  the  Pueblo  of 
"  San  Jose  has  been  founded  and  peopled ;  and  the  erection  of  another 
"is  determined  upon,  in  which  the  colonists  (pobladores)  and  their 
"families,  from  the  provinces  of  Sonora  and  Sinaloa,  will  establish 
"  themselves,  the  progressive  augmentation  of  which,  and  of  the  families 
"  of  the  troops,  will  provide  for  the  establishment  of  other  towns,  and 
"  furnish  recruits  for  the  presidio  companies,  thus  freeing  the  royal 
"  revenue  from  the  indispensable  expenses  at  present  required  for  these 
"  purposes." 

§  37.  The  following  regulations  provide  for  the  distribution  of 
house  lots  and  cultivable  lands  (solares  y  suertes  de  tierra)  among  the 
pobladores  and  vecinos  ;  (poblador  conditor,  founder,  settler ;  vecino, 
municeps,  citizen ;  Salva,)  §§  2,  4,  6  ;  that  moneys,  rations,  agricul- 
tural implements  and  domestic  animals  shall  be  furnished  to  the  colo- 
nists, §§  2,  3  ;  that  they  shall  be  exempt  from  taxes  for  a  certain 
period,  §  9  ;  that  the  lands  granted  to  them  shall  be  inalienable,  not 
capable  of  hypothecation,  and  perpetually  hereditary,  §  6 ;  and  many 
other  articles  exhibiting  a  wise  and  beneficent  spirit  of  legislation,  curi- 
ous to  study,  but  not  necessary  to  our  present  purpose,  inasmuch  as  this 
system  was  soon  superseded  by  another.  It  is  curious,  however,  to 
note  that  §  16  provided  that  every  colonist  to  whom  lands  were  granted 
under  that  law,  was  bound  to  keep  himself  constantly  equipped  with 
two  horses,  a  saddle  complete,  a  musket,  besides  other  arms,  ready  to 
march  at  the  order  of  the  Governor.  It  was  provided  by  §  17  that 
the  titles  to  lands  should  be  made  out  by  the  Governor  or  commissary 
whom  he  might  appoint  for  that  purpose,  and  that  records  of  the  same 

*  The  fourteenth  title  of  these  Regulations,  relating  to  the  colonization  and  political 
government  of  California,  is  printed  in  full  in  the  ADDENDA,  No.  IV,  page  3,  etc.  DE 
NEVE  was  Governor  of  California.  See  a  list  of  the  Colonial  Governors  ADDENDA, 
No.  LXXIX. 


28  THE   FOUR   SQUARE   LEAGUES   RECOGNIZED. 

should  be  kept  in  the  general  book  of  colonization  in  the  Government 
archives.  The  municipal  expenses  are  called,  in  §  14,  "  gastos  de 
REPUBLIC  A."  See  ADDENDA,  No.  IV,  page  3,  etc. 

THE  FOUR  SQUARE  LEAGUES  RECOGNIZED. 

§  38.  The  principal  value  of  this  document  consists  in  the  fact  that 
it  incidentally  assumes  the  existence  of  previous  laws,  which  assigned 
four  square  leagues  of  land  to  each  Pueblo,  and  that  it  everywhere 
avoids  that  confusion  of  terms  which  has  been  attempted  to  be  intro- 
duced into  this  discussion.  It  is  provided  as  follows  by  §  4  of  this  law : 
(ADDENDA,  No.  IV,  §  4,  page  4,)  "  the  house  lots  to  be  granted  to  the 
new  pobladores  (colonists)  are  to  be  designated  in  the  situations  and 
the  extent  corresponding  to  the  locality  on  which  the  new  pueblos  are 
to  be  established,  so  that  a  square  and  streets  be  formed  agreeably  to 
the  provisions  of  the  laws  of  the  kingdom  ;  and  conformably  to  the 
same  there  shall  be  designated  competent  ejidos  for  the  Pueblo,  AND 
dehesas,  together  with  the  cultivable  lands  which  may  be  suitable  for 
propios  :  (conforme  a  lo  prevenido  por  las  Leyes  del  Reyna,  y  con  su 
arreglo  se  senalara  exido  competente  para  et  Pueblo  y  dehesas  con  las 
tierras  de  labor  que  convenga  para  propios.*  In  §  8  it  is  provided 
that  the  new  colonists  shall  enjoy,  for  the  purpose  of  maintaining  their 
cattle,  the  use  in  common  of  the  water  and  pasturage,  fire-wood  and 
timber  of  the  ejido,  forest,  and  dehesa,  which  are  to  be  designated 
according  to  law  to  each  new  Pueblo.  Addenda,  No.  IV,  §  8,  page  5. 
From  these  references  and  enumerations,  it  is  established  : 

First:  That  each  new  Pueblo  (cada  nuevo  Pueblo)  had  a  right,  ac- 
cording to  previous  laws  alluded  to,  but  not  specifically  mentioned,  to 
the  admeasurement  of  certain  lands,  and  we  find  no  such  laws  except 
those  above  cited  in  §  28  of  this  argument. 

Secondly:  That  these  lands  were  divided  into  Suertes,  Solares,  Pro- 
pios, Ejidos,  Montes  and  Dejesas,  designations  perfectly  distinct,  and 
in  no  case  to  be  confounded  with  each  other :  and  that  these  terms,  as 
thus  used,  completely  justify  the  definitions  we  have  given  them  in 
§§  10  to  15,  inclusive,  of  this  argument. 

Thirdlg :  That  in  the  ejidos,  montes,  and  dejesas  of  a  Pueblo  all 
the  inhabitants  had  a  right  of  common. 

The  original  of  this  document  is  to  be  found  in  the  Archives,  Vol. 
I,  of  Missions  and  Colonization,  page  761. — An  English  translation  is 
contained  in  1  Rockwell,  445,  and  also  in  Halleck's  Report,  app.,  2, 
Exec.  Doc.  No.  17,  H.  of  Reps.,  31st  Cong.,  1st  Sess.,  p.  134,  and 
printed  in  the  ADDENDA,  No.  IV,  page  3 ;  but  this  translation  is  not 
to  be  always  relied  upon  for  the  exact  rendering  of  legal  terms.  For 
example,  comun  is  not  exactly  rendered  by  community,  nor  is  common 
lands  a  full  translation  of  the  term  ejidos.  See  §§  14  and  17  of  this 

*  I  shall  show,  hereafter,  that  although  the  four  leagues  belonging  to  a  Pueblo  were 
capable  of  being  divided  into  ejidos  and  dehesas,  that  the  right  of  property  in  these  four 
leagues  did  not  depend  upon  this  division,  but  existed  antecedent  to,  aud  irrespective  of, 
such  division,  which  might  or  might  not  be  effected. 


THE  PUEBLO  LANDS  AGAIN  RECOGNIZED  A.  D.  1786.    29 

argument.  The  original  rough  draft  and  the  perfected  one,  and  the 
official  printed  copy,  form  one  of  the  most  valuable  curiosities 
of  the  Archives,  and  are  to  be  found  in  Volume  I  of  Missions  and 
Colonization,  at  pages  636,  507,  and  733  respectively. 

A.  D.  1786. 

A  COTEMPORARY  OFFICIAL  CONSTRUCTION    OF  THE    FOUR-LEAGUE 

GRANT  TO  PUEBLOS. 

§  39.  That  the  construction  I  have  put  upon  the  preceding  Regu- 
lations of  Felipe  de  Neve  is  correct  in  regard  to  the  four  square  leagues 
to  which  organized  Pueblos  were  entitled  appears  from  the  highest 
authority,  that  of  the  Vice-royalty  of  New  Spain,  which  I  am  about  to 
cite.  In  November,  1784,  certain  settlers  in  California  petitioned  the 
Governor  of  that  province  for  grants  of  lands  which  were  situated 
within  the  four  square  leagues  belonging  to  the  Pueblos.  The  Gov- 
ernor reported  this  fact  to  the  Commandante  General,  together  with 
his  recommendation  that  the  prayer  of  the  petition  be  granted.  The 
matter  was  referred  by  the  Commandante  General  to  Galindo  Navarro, 
who  was  Asesor,  an  officer  whose  functions  in  this  respect  seem  to  have 
exactly  corresponded  to  those  of  Attorney  General  under  our  laws. 
In  his  report,  dated  at  Chihuahua,  October  27th,  1785,  which  was  ap- 
proved by  the  Commandante  General  on  June  21st,  1786,  and  re- 
turned to  the  Governor  of  California  for  his  instruction,  where  it  now 
remains  in  the  Archives,  Vol.  I  Missions  and  Colonization,  page  809, 
and  is  also  in  evidence  in  the  case,  Exhibit  V,  and  printed  in  full  in 
the  ADDENDA,  No.  VI,  page  9,  referring  to  the  preceding  Regulations 
of  Felipe  de  Neve,  he  says : 

"In  title  14  of  the  Regulation  for  that  Peninsula,*  approved  by  his 
"Majesty  in  a  Royal  Order  of  the  24th  of  October,  1781,  it  is 
"  directed  by  Art.  8  that  the  new  settlers  should  enjoy,  for  the  mainten- 
"  ance  of  their  stock,  the  common  advantage  of  waters  and  pastures, 
"  wood  and  timber  of  the  commons,  (ejidos,)  forests,  (montes,)  and 
"  pasture  grounds,  (dehesas,)  which,  in  compliance  with  the  laws,  are 

"  to  be  marked  out  to  each  Pueblo :    (Se  ha  de  seiialar  a  cada  Pueblo). 

*****  * 

"  In  allotting  of  tracts  of  land  for  cattle,  (sitios,)  which  some  set- 
"  tiers  in  California  claim,  and  the  Governor  proposes  in  his  official 
"  communication  of  the  20th  November,  1784,  cannot  nor  ought  to  be 
"  made  to  them'within  the  boundaries  assigned  to  each  Pueblo,  which, 
"  in  conformity  with  the  law  6,  title  5,  lib.  4,  of  the  Recopilacion,  must 
"  be  (deben  ser)  FOUR  LEAGUES  OF  LAND  in  a  square  or  oblong  body, 
"  according  to  the  nature  of  the  ground ;  because  the  petition  of  the 
"  new  settlers  would  tend  to  make  them  private  owners  of  the  forests, 
"  pastures,  water,  timber,  woods  and  other  advantages  of  the  lands 
"  which  may  be  assigned,  granted  and  distributed  to  them,  and  to 
"  deprive  their  neighbors  of  these  benefits,  it  is  seen  at  once  that  their 
"  claim  is  entirely  contrary  to  the  directions  of  the  aforementioned 

*  California  was  always  called  a  peninsula  by  the  Spaniards. 


30  COLONIZATION  "  PLAN  OP  PITIC  "   A.  D.  1789. 

"  laws  and  the  express  provision  in  Art.  8  of  the  Instructions  for  settle- 
"  ments  (Poblaciones)  in  the  Californias,  according  to  which  all  the 
"  waters,  pastures,  wood  and  timber  within  the  limits  which,  in  confor- 
"  mity  to  law,  may  be  allowed  to  each  Pueblo,  must  be  for  the  common 
"  advantage,  so  that  all  the  new  settlers  may  enjoy  and  partake  of  them, 
"  maintaining  therein  their  cattle  and  participating  of  the  other  benefits 
"  that  may  be  produced  :  [result]." 

From  this  opinion  of  Navarro  it  follows  : 

FIRST  :  That  the  Regulations  of  Felipe  de  Neve  did  not  abolish 
law  G,  title  5,  liber  4  of  the  Recopilacion  de  los  Leyes  de  los  Indios, 
which  assigned  four  leagues  of  land  to  each  organized  Pueblo,  but  that 
the  said  law  remained  in  full  force,  as  I  have  insisted  in  §  28  of  this 
argument. 

SECONDLY  :  That  this  dedication  of  the  four  leagues  of  land  to 
each  Pueblo  was  so  absolute  that  even  the  Governor  of  California 
could  not,  at  that  time,  (1784-6,)  make  any  grants  of  grazing  lands 
(sitios)  within  those  four  leagues. 

THIRDLY  :  That  the  only  object  of  the  assignment  of  the  four 
leagues  by  actual  measurement,  was  to  ascertain  what  particular  four 
leagues  were  thus  assigned,  under  such  obstacles  as  might  or  might 
not  be  presented,  "  according  to  the  nature  of  the  ground,"  whence  we 
are  entitled  to  infer  that  if  these  natural  obstacles  were  such  that  only 
one  particular  parcel  of  land  could  by  any  possibility  be  included  in 
that  assignment  of  four  leagues,  then  that  particular  parcel  of  four 
leagues  necessarily  belonged  to  the  respective  Pueblo,  without  any 
admeasurement.  As  for  instance,  if  the  Pueblo  were  founded  on  an 
island  containing  exactly  four  leagues,  or  less,  or  if  it  were  situated, 
like  the  Pueblo  of  San  Francisco,  on  a  peninsula,  less  than  two  leagues 
in  average  breadth,  and  on  which  the  measurement  could  be  in  only  one 
direction,  namely  from  the  head  of  the  peninsula  southwards.  See 
map  prefixed,  and  also  Langley's  map,  mentioned  in  §  30  of  this 
argument. 

FOURTHLY  :  That  although  it  was  a  historical  and  well  known  fact 
that  the  allotted  tract  of  four  square  leagues  had  never  been  admeas- 
ured to  any  Pueblo  in  California  in  the  years  1784,  1785,  1786,  still 
the  Government  protected  the  proprietary  rights  of  the  Pueblos  in 
those  adjacent  lands  which  it  was  presumed  would  fall  within  the  limits 
of  those  four  leagues. 

A.  D.  1789. 

REGULATIONS  FOR  COLONIZATION  FOR  CALIFORNIA — CALLED  THE 
PLAN  OF  PITIC. 

§  40.  The  first  section  of  the  regulations  of  Felipe  de  Neve  recite 
that  the  Pueblo  of  San  Jose  had  already  been  founded,  and  that  it  was 
in  contemplation  to  found  another.  See  Ante  §  37,  ADDENDA,  No.  IV, 
page  3,  §  1.  This  other  Pueblo,  that  of  Los  Angeles,  was  accord- 
ingly founded,  under  these  regulations,  by  the  Governor  of  California, 
in  December  of  the  same  year,  1781.  1  De  Mofras,  353.  There  is 
no  record  that  any  other  Pueblo  was  ever  founded  under  these  regu- 


WHO   DEVISED   THE  PLAN  OF  PITIC.  31 

^^IFOB*^ 

lations,  which,  it  will  be  borne  in  mind,  were  purely  civil  Pueblos  of 
the  first  class  mentioned  in  §  19  of  this  argument,  and  were,  on  the 
face  of  the  regulations,  wholly  disconnected  from  the  military  Presidios, 
except  as  providing  supplies  and  recruits  for  them,  and  furnishing  a 
place  of  residence  for  the  increase  of  their  families,  and  a  retreat  for 
the  soldiers  in  their  old  age.  Regulations,  §§  1,  5,  14,  15.  ADDENDA, 
No.  IV,  page  4.  The  whole  system  was  almost  immediately  changed, 
by  the  substitution  of  what  is  called  the  PLAN  OF  PITIC. 

BY  WHOM  THIS  PLAN  OF  PITIC  WAS  PROMULGATED. 

§  41.  As  matter  properly  introductory  to  this  PLAN,  and  absolutely 
necessary  to  the  comprehension  of  its  legal  effect,  I  am  permitted  to 
copy  the  following  condensed  statement  from  the  manuscript  memo- 
randa of  R.  C.  Hopkins,  Esq.,  Keeper  of  the  Archives :  "  In  the  year 
"  1776,  in  order  to  assist  the  Viceroy  in  the  discharge  of  the  duties  of 
"  his  office,  and  in  some  degree  to  relieve  him  from  the  onerous  burden 
"  the  '  Comandancia  General  de  Provincias  Internes '  was  established, 
"  but  as  soon  as  his  Excellency,  Don  Teodoro  de  Croix,  who  was  ap- 
"  pointed  to  the  office  of  Commandante-General,  had  taken  charge  of 
"  the  same,  he  foresaw  the  difficulties  he  would  have  in  properly  dis- 
"  charging  the  duties  of  the  same,  without  subordinate  assistance.  He, 
"  therefore,  petitioned  his  Majesty  for  a  division  of  the  territory  em- 
"  braced  in  the  Comandancia  General,  representing  that  it  was  impos- 
"  sible  for  him  at  Arispe  (his  headquarters)  to  properly  attend  to  mat- 
"  ters  in  the  distant  Provinces  of  Coahuila  and  Texas.  Although  said 
"  petition  was  taken  under  consideration,  yet,  as  the  government  was 
"  much  occupied  with  the  war  with  England,  no  steps  were  taken  in 
"  the  matter,  till  1786,  when  royal  instructions  were  issued,  authorizing 
"  the  Comandante-General  to  place  the  Provinces  of  Nueva-Vizcaya, 
"  and  New  Mexico  under  the  charge  of  the  Comandante-Inspector,  and 
"  those  of  Texas  and  Coahnila  under  the  charge  of  Don  Juan  Ugalde, 
"  the  Comandante-General  himself  having  charge  of  the  Provinces  of 
"  Sonora  and  California — and  exercising  general  supervision  of  the 
"  whole  extent  of  territory. 

"  But  as  these  instructions  did  not  meet  the  wants  of  the  case,  on 
"the  3d  of  December,  1789,  provisional  Regulations  were  made  by  the 
"Viceroy,  subject  to  the  royal  approbation,  to  take  effect  on  the  1st  of 
"January,  178£.  Art.  1st  of  said  Regulations  provided  that  the  then 
"  Comandante-General,  Don  Jacobo  Ugarte  y  Loyola,  should  remain  in 
"  command  of  the  Provinces  of  the  Californias,  Sonora,  New  Mexico, 
"  and  New  Vizcaya,  exercising  in  the  same  all  the  authority  delegated 
"  to  him  by  the  King.  This  was  styled  the  Comandancia  General  of 
"  the  Four  Interior  Provinces  of  the  West.  Under  this  Comandante- 
"  General  there  was  one  Comandante-Inspector,  and  three  Ayudante- 
"  Inspectors.  The  Comandante-General  had  no  fixed  residence,  ftut 
"  went  from  place  to  place,  wherever  his  presence  might  be  most  re- 
"  quired.  Art.  9th  of  said  Regulation,  established  a  second  Comandan- 
"  cia  General,  comprising  the  Provinces  of  Coahuila,  Texas,  Nueva 


32  OCCASION  OP  THE  PLAN  OF  PITIC. 

"  Reyno  de  Leon  and  the  Colony  of  New  Santander,  under  the  style 
"  of  the  Comandancia  of  the  Four  Interior  Provinces  of  the  East. 
"  The  same  being  under  the  charge  of  Colonel  Don  Juan  Ugalde." 
Archives,  Vol.  I,  of  Missions  and  Colonization,  page  378.  So  that  the 
"Plan  of  Pitic"  promulgated  at  Chihuahua,  on  the  14th  of  November, 
1789,  became  at  that  time  the  law  of  colonization  of  the  Comandancia- 
"  General  of  the  Four  Interior  Provinces  of  the  West,"  namely,  CALI- 
FORNIA, Sonora,  New  Mexico,  and  New  Vizcaya  (Biscay).  The  author- 
ity of  the  Asesor  Navarro.  and  of  the  Comandante  General  Ugarte  to 
construe  the  Regulations  of  Felipe  de  Neva,  as  set  forth  in  §  39  of 
this  argument,  also  distinctly  appears  from  the  above  historical  sketch. 

A.  D.  1789. 
OCCASION  OF  THE  PLAN  OF  PITIC. 

§  42.  This  plan  of  Pitic,  Exhibit  ZZ,  ADDENDA,  No.  VII,  page 
11,  is  from  the  Archives,  Vol.  I,  of  Missions  and  Colonization,  page  853. 
This  town  of  Pitic  which  was  thus  founded,  was,  like  San  Francisco, 
Santa  Barbara,  and  Monterey,  a  PRESIDIAL-PUEBLO,  for  the  Presidio 
of  San  Miguel  de  Orcavitas  was  removed  to  the  locality  of  Tepic  in 
order  to  protect  and  guard  the  new  settlement.  Plan  of  Pitic,  §  3, 
ADDENDA,  No.  VII,  §  3,  page  11.  The  pressing  reasons  in  which  this 
new  plan  originated  are  not  stated  in  any  of  the  documents,  but  in  a 
map  inserted  in  a  curious  History  of  Lower  California,  published  in 
German  at  Mannheim,  in  1773,  by  Father  Begert,  a  Jesuit  Ex-Mis- 
sionary of  that  Peninsula,  the  site  of  Guayamas  is  marked  with  a  cross 
and  the  inscription  "Guayamas  M.  distr.  per  Apostatas  Seris;"  Guaya- 
mas Mission,  destroyed  by  the  apostate  Seris  (Indians.)  (  Nachrichten 
von  der  Amftrikanischen  Halb-Insel  Californien  ;  geschrieben  von  einem 
Priester  der  Gesellschaft  Jesu,  welcher  lang  darinn  diese  letzere  Jahr 
gelebet  hat.  Mannheim,  1773).  The  Seris  were  a  tribe  of  warlike  and 
exceedingly  barbarous  Indians,  who  fought  as  they  still  fight,  with  ar- 
rows doubly  poisoned,  by  means  of  a  most  horrible  fermentation.*  The 
modern  city  of  Hermosillo,  with  a  population  of  20,000,  represents  the 
Pueblo  thus  founded,  while  of  the  Seris  Indians,  who  then  occupied 
the  country,  but  whose  designation  seems  to  have  puzzled  the  transla- 
tor of  this  "  Plan."  (  See  §§  2  and  6  of  the  Plan).  ADDENDA,  No. 
VII,  pages  11,  12.  One  portion,  which  is  Christianized,  reside  in  their 
own  village  near  Hermoisillo  (Pitic)  in  the  town  provided  for  them  in 
§  6  of  the  Plan,  and  the  other,  still  savage,  occupy  the  island  of  Tibu- 
ron,  in  the  Gulf  of  California,  north  of  Guayamas,  a  terror  to  the  white 
inhabitants.  Bartlett's  personal  narrative,  Vol.  I,  pp.  463,  466  ;  1  De 

*NOTE.— "They  first  kill  a  cow  aiid  take  from  it  its  liver ;  they  then  collect  rattle- 
'  snakes,  scorpions,  centipedes,  and  tarantulas,  which,  they  confine  in  a  hole  with  the 
'  liver.  The  next  process  is  to  beat  them  with  sticks,  in  order  to  enrage  them,  and  being 
'  thus  infuriated,  they  fasten  their  fangs  and  exhaust  their  venom  upon  each  other  and 
'  upon  the  liver.  When  the  whole  mass  is  in  a  state  of  corruption,  the  women  take  the 
'arrows  and  pass  their  points  through  it ;  they  are  then  allowed  to  dry  in  the  shade." 
Bartlett,  as  above.  Hardy's  Travels  in  Mexico,  London,  1829,  p.  298. 


MAIN   FEATURES    OF   THIS   PLAN   OF  PITIC.  33 

Mofras,  181.     In  their  barbarous   warfare,   doubtless,  originated  this 
new  "  Plan  "  of  colonization. 

MAIN  FEATURES  OF  THIS  PLAN  OF  PITIC. 

§  43.  The  main  features  of  this  PLAN  OF  PITIC  are  those  which 
generally  characterize  the  wise,  pious,  and  eminently  practical  schemes 
of  colonization  which  emanated  from  the  kings  of  Spain  and  the  saga- 
cious councellors  by  whom  they  were  guided.  The  right  of  the  town  to 
four  leagues  is  recognized  in  the  second  section  of  the  Plan.  ADDENDA, 
No.  VII,  page  11.  If  it  be  contended  that  the  phrase  "may  be  grant- 
ed to  the  town  in  question  four  leagues,"  is  only  a  permissive  one,  we  re- 
ply that  the  phrase  "podra  conceder"  (literally  "  shall  can  be  granted  ") 
has  a  force  nearer  to  "must"  than  to  "may,"  and  that  this  is  one  of  those 
cases  where  no  discretionary  power  being  vested  in  the  officer,  even  the 
word  "  may  "  means  "  shall "  and  is  imperative.  Sedgwick  on  Statu- 
tory and  Constitutional  Law,  438,  439.  The  object  being  to  found  a 
town  with  reference  to  pre-existing  and  unrepealed  laws.  That  this  is 
the  true  interpretation  appears  from  Section  Six  of  the  Plan,  where  the 
concession  of  the  four  leagues  to  the  new  town  is  taken  for  granted, 
and  the  right  of  commons  in  that  tract  of  land  is  expressly  declared  : 
"  the  tract  of  four  leagues  granted  to  the  new  settlement  being  meas- 
ured and  marked  out :  demarcado  y  amonohado  que  sea  el  terreno 
concedido  a  la  nueva  poblacion."  So  also  Section  Eleventh  of  the 
Plan  gives  the  same  definition  to  Ejidos  which  is  given  in  §  14  of  this 
argument, — a  place  at  the  exit  or  immediate  surroundings  of  the 
Pueblo,  suitable  for  the  settlers  to  amuse  themselves,  and  where  a  few 
milch  cows  could  be  pastured,  while  sections  twelve  and  thirteen  again 
place  the  ejidos  and  dehesas  in  opposition,  and  fully  define  the  latter 
term  (dehesas)  :  "  §  13.  The  laying  out  of  the  commons  and  of  the 
common  pasture  grounds,  or  vast  pasture  of  the  herds  being  com- 
pleted ;  evacuando  et  senalmiento  de  los  ejidos  y  a  la  dehesa  comun  6 
Prado  Boyal"  This  last  phrase  is  hardly  translatable  without  a 
periphrasis.  Prado  Boyal,  which  is  thus  used  as  a  definition  of  dehesa, 
is  rendered  in  Latin  by  Pratum  bovillum,  and  designates  the  great 
pasture  grounds  where  the  vast  herds  roamed  distant  from  the  Pueblo. 
The  lands  granted  to  the  settlers  were  to  be  distributed  by  a  commis- 
sion in  the  name  of  the  king,  and  alienation,  hypothecation  and 
mortmain  were  carefully  guarded  against,  §§  17,  18 ;  and  when  the 
settlement  counted  thirty  heads  of  families,  it  was  to  have  alcaldes, 
councilmen  and  an  Ayuntamiento  or  Common  Council  of  its  own,  §§  4, 
5,  17,  and  the  Ayuntamientos  were  to  pass  "municipal  ordinances" 
for  the  economical  and  political  management  of  the  Pueblo.  §  24. 

A.  D.  1791. 

ANOTHER  OFFICIAL  CONSTUCTION  OF  THE  FOUR-LEAGUE  LAW. 
THE  PRESIDIOS  DECLARED  TO  BE  PUEBLOS,  AND  EACH  EN- 
TITLED TO  FOUR  LEAGUES  OF  LAND. 

§  44.     We  have  seen  that  a  question  arose  in  the  year  1784, 
o 


34  THE   PRESIDIOS   DECLARED   TO    BE   PUEBLOS   AND 

whether  sitios,  or  large  tracts  of  grazing  lands  might  not  be  granted  to 
settlers  within  the  four  leagues  belonging  to  the  Pueblos,  and  that  it 
was  decided  that  such  grants  could  not  be  made  within  those  limits, 
because  that  would  be  prejudicial  to  the  rights  of  the  Pueblos.  §  39 
of  this  argument,  and  also  ADDENDA,  No.  VI,  page  9.  Very  singularly 
a  contest  of  an  opposite  nature  arose  within  the  next  seven  years,  and 
the  point  presented  seems  to  have  been  announced  in  this  form :  Cap- 
tains of  Presidios  cannot  grant  house-lots  (solares)  or  cultivable  lands 
(suertes)  to  soldiers  and  citizens ;  but  granted  that  they  have  that 
power,  then  they  are  restricted  in  the  exercise  of  it  to  the  tract  of  four 
leagues  belonging  to  the  Presidial-Pueblos.  For  the  government  of 
New  Spain,  which  included  all  the  Hispano-American  Provinces  of 
Mexico  and  to  the  north  of  it,  there  were  promulgated  at  Madrid,  on 
December  4th,  1786,  certain  directions  called  familiarly  the  "  Orde- 
nanza  de  Intendentes,"  but  whose  full  title  was,  "  A  Royal  Ordinance 
for  the  empowering  (establecimiento)  and  direction  of  the  Intendentes 
(Vice-Governors)  of  the  army  and  province  of  New  Spain.  (Real 
Ordenanza  para  et  Establecimiento  e  Instruccion  de  Intendentes  de 
Exercito  y  Provincia  en  el  Reino  de  la  Nueva-Espana.  De  orden  de 
su  Magestad.  Madrid,  Aiio  de  1786).  By  article  81  of  this  "Orden- 
anza de  Intendentes,"  it  is  provided  that  the  INTENDENTES  shall  be 
judges  of  the  propriety  of  distribution  of  the  "  Royal  lands,"  (Realen- 
gos)  and  shall  decide  upon  all  grants  of  them.  The  question  then 
arose  ;  "  Can  the  Captains  of  the  Presidios  make  grants  of  lands  which 
"  shall  be  valid  without  the  consent  of  the  Intendentes ;  and  if  so,  can 
<;  they  make  valid  grants  of  lands  outside  of  the  PUEBLO  limits  of  four 
leagues?"  The  following  is  the  decision  of  the  then  Comandante- 
General,  Pedro  de  Nava,  in  which  he  decrees  that  the  Captain  of  a 
Presidial-Pueblo  had  an  unlimited  power  to  grant  lands  within  the 
four  leagues  belonging  to  the  PUEBLO,  but  had  no  power  to  make 
grants  outside  of  those  four  leagues  : 

"  In  conformity  with  the  opinion  of  the  Asesor  of  the  Comandante 
"  General,  I  have  determined  in  a  decree  of  this  date,  that  notwith- 
"  standing  the  provisions  made  in  the  81st  Article  of  the  Ordenanza  of 
"  Intendentes,  the  captains  of  Presidios  are  authorized  to  grant  and  dis- 
"  tribute  house-lots  and  lands  to  the  soldiers  and  citizens  who  may 
"  solicit  them  to  fix  their  residences  on :  (corresponde  a  los  Capi- 
"  tanes  de  Presidio  mercenar  y  repartir  solares  y  tierres  a  los  Sol- 
"  dados  y  vecinos  que  los  pidieren  para  figar  su  residentia  en  ellos.) 
"  And  considering  the  extent  of  four  common  leagues  measured  from 
"  the  centre  of  the  Presidio  square,  namely,  two  leagues  in  every  direc- 
"  tion,  to  be  sufficient  for  the  new  Pueblos  which  are  growing  up  under 
"  the  protection  of  the  said  Presidios,  I  have  likewise  determined,  in 
"  order  to  avoid  doubts  and  disputes  in  future,  that  said  captains  res- 
"  trict  themselves  henceforward  to  the  house-lots  and  lands  within  the 
"  four  leagues  already  mentioned,  without  exceeding  in  any  manner 
"  the  said  limits,  leaving  free  and  open  the  exclusive  jurisdiction  belong- 
"  ing  to  the  Intendentes  of  the  royal  hacienda,  respecting  the  sale,  com- 
"  position  and  distribution  of  the  remainder  of  the  land  in  the  respective 


EACH  ENTITLED  TO  FOUR  LEAGUES  OF  LAND,  A.  D.  1791.   35 

"districts:)  considerandose  suficiente  para  las  nuevas  poblaciones  que 
"van  formnandose,  [literally  'which  are  going  on  forming  themselves '] 
"  a  su  abrigo  el  termino  de  cuatro  leguas  communes  medidas  desde  el 
"centro  de  la  Plaza  del  Presidio,  dos  para  cada  viento.  * 
"que  los  capitanes  se  limiten  desde  ahora  en  la  consecion  de  mercedes 
11  de  solares  y  tierras  a  las  que  estuviesen  comprehendidas  en  dichas 
"cuatro  leguas  sin  excedese  en  manera  alguna.)  And  that  this  order 
"may  be  punctually  observed  and  carried  into  effect,  you  will  circulate 
"  it  to  the  captains  and  comandantes  of  the  Presidios  of  your  province, 
"  informing  me  of  having  done  so.  God  preserve  you  many  years. 

"  Chihuahua,  Oct.  22nd,  1791. 

"PEDRO  de  NERVA. 

"To  Senor  Don  JOSE  ANTONIO  ROMERO." 

This  document  is  the  Exhibit  Z  in  this  case.  It  is  found  also  in  1 
Rockwell,  451,  not  translated  with  entire  precision,  and  misdated 
March,  instead  of  October.  The  original  is  in  the  Archives,  Vol.  I  of 
Missions  and  Colonization,  page  850,  and  the  approval  of  it  dated  Jan. 
19,  1793,  is  found  at  page  814  of  the  same  volume.  It  is  printed  in 
full  in  the  ADDENDA,  No.  VIII,  page  17. 

From  this  valuable  document  it  appears  : 

FIRST  :  That  the  "  Intendentes  "  who  had  the  right  to  decide  upon 
the  propriety  of  grants  made  out  of  the  Royal  lands,  had  no  such  right 
in  regard  to  lands  granted  within  the  four  leagues  belonging  to  Pueblos, 
BECAUSE  belonging  to  the  Pueblos,  the  king  had  no  ownership  in  them, 
although  they  were  granted  in  his  name  under  every  system.  Regu- 
ulations  of  1781,  1  Rockwell  447,  §  5,  Addenda  No.  IV,  §  5,  page  5  ; 
Plan  of  Pitic,  §  18,  ADDENDA,  No.  VII,  page  15. 

SECONDLY  :  That  e  converso,  because  the  lands  lying  outside  of  the 
four  leagues  did  not  belong  to  the  Pueblo,  but  did  belong  to  the  king  ; 
the  captains  of  Presidios,  who  could  grant  only  the  lands  belonging 
to  PRESIDIAL-PUEBLOS,  had  no  authority  to  grant  those  outside 
lands.  Also  that  each  Presidial-Pueblo  was  entitled  to  four  leagues  of 
land. 

DEMOCRATIC  FEATURES  OF  THE  PLAN  OF  PITIC. 

§  45.  In  perfect  consistency  with  my  previous  argument,  we  find 
that  the  Regulations  of  1781, 1  Rockwell  450,  §  18,  ADDENDA,  No.  IV, 
page  7,  provide  for  the  election  of  the  Pueblo  officers  after  the  first  two 
years  by  the  settlers  themselves ;  which  the  PLAN  OF  PITIC,  AD- 
DENDA, No.  VII,  page  14,  Exhibit  zz,  in  sections  17,  20,  21,  22  and 
23,  speak  of  "  the  Ayuntamiento  of  the  new  settlement,"  as  an  institu- 
tion existing  as  a  matter  of  course;  while  section  24  of  the  same  PLAN 
expressly  gives  to  such  Ayuntamientos  of  the  new  Pueblos  the  power 
to  make  and  enforce  all  the  ordinances  and  municipal  regulations  neces- 
sary to  the  political  government,  management,  economy,  and  police,  of 
civilized  towns.  This  section  is  a  perfect  paraphrase  of  those  enumer- 
ations in  Anglo-American  city  charters,  which  follow  the  declaratory 
clause:  "  The  Mayor  and  Common  Council  shall  have  power,"  etc.,  etc. 


36  FORMATION   OF   AYUNTAMIENTOS. 


A.  D.  1796. 

IT  is  DECIDED  NOT  TO  ESTABLISH  A  "  VILLA  OF  BRANCIFORTE  '* 
AT  SAN  FRANCISCO. 

§  46.  In  the  year  1796  it  was  proposed  to  build  a  villa  in  Upper 
California  in  honor  of  Don  Miguel  de  Lagrua,  Marquis  de  Branciforte, 
at  that  time  Viceroy  of  New  Spain.  Alexander  the  Great  was  not 
the  only  chief  who  indulged  the  fancy  of  giving  his  name  to  a  great 
city.  Alvarado  endeavored  to  give  to  San  Jose  the  designation  of  the 
"  Pueblo  de  Alvarado."  1  De  Mofras,  415.  And  Vallejo  gave  to  the 
Pueblo  which  he  founded  the  title  "  Sonoma  de  Vallejo."  1  De  Mofras, 
446.  Thus  the  Marquis  de  Branciforte  had  both  illustrious  examples 
and  imitators  in  his  laudable  ambition.  Among  the  localities  enume- 
rated by  Don  Pedro  de  Alberni,  who  was  directed  to  examine  the 
country  and  report  upon  several  places  indicated,  was  that  of  San 
Francisco,  which  he  represented  to  be  the  very  worst  of  all  those  men- 
tioned for  the  foundation  of  such  a  villa,  for  the  reason  that  there  were 
but  few  cultivable  or  irrigable  lands,  and  that  there  was  a  general 
deficiency  of  wood  and  water  in  and  about  the  Presidio.  See  the 
Report  in  the  ADDENDA,  No.  IX,  page  18.  The  whole  report  shows 
that  the  intention  was  to  build  a  rural  villa  depending  upon  agriculture 
and  grazing  for  the  subsistence  of  its  inhabitants.  This  report  has 
been  sometimes  referred  to  as  justifying  an  inference  that  at  the  time 
it  was  made  there  was  no  civil  settlement  at  the  Presidio.  But  it 
expressly  states  that  there  was  such  a  settlement  there,  although  it  was 
composed  of  only  "a  few  families  ;"  and  a  "  PUEBLO  of  San  Francisco," 
existing  at  the  Presidio,  would  gladly  have  received  an  additional 
population  and  a  higher  grade  of  rank,  with  the  title  of  "  VILLA  of 
Branciforte."  This  villa  was  afterwards  founded  in  the  same  year, 
1796,  at  the  place  now  called  Santa  Cruz,  (1  De  Mofras,  409,)  but 
does  not  seem  to  have  figured  largely  in  history. 

A.  D.  1812. 

LAW  OF  THE  CORTES  OF  SPAIN  RESPECTING  THE  FORMATION  OF 
AYUNTAMIENTOS  OF  PUEBLOS. 

§  47.  In  the  Leyes  Vigentes,  a  collection  of  those  decrees  and 
orders  of  the  Cortes  of  Spain,  which  survived  the  political  revolution 
that  severed  the  Republic  from  the  mother  country,  published  at 
Mexico  in  the  year  1829,  page  28,  is  found  a  "  Decreto  de  23  de  Mayo 
de  1812,"  entitled  "  Formackm  de  los  Ayuntamientos  Constitucion- 
ales:" — "Decree  of  May  23d,  1812,  concerning  information  of  Con- 
stitutional Ayuntamientos,  or  Common  Councils."  This  is  printed  in 
full  in  the  ADDENDA,  No.  X.  No  repeal  of  this  law  appears  to  have 
been  made ;  it  is  published  as  an  existing  law  in  1853,  by  Rivera,  in 
Vol.  I,  page  890,  of  his  "  Nueva  Coleccion  de  Leyes  y  Decretos  Mexi- 
canos,"  and  it  is  evident,  from  its  continued  promulgation  from  its 
enactment  down  to  the  era  of  the  American  Conquest  of  California  in 
1846,  that  it  was  a  portion  6f  the  law  of  California  long  after  the 


HOW   A   PUEBLO   MIGHT   LOSE   ITS   AYUNTAMIENTO.  37 

Mexican  Revolution  of  1821,  and,  as  will  be  seen  hereafter  in  §  72  of 
this  argument,  down  to  and  including  the  year  1835.  This  is  enough 
for  our  present  purpose.  It  related  to  the  mode  of  forming  Ayun- 
tamientos,  and  although  the  basis  of  population  was  afterwards 
changed — see  §§  89,  90  of  this  argument — this  law  seems  to  have 
survived,  in  relation  to  the  modus  operandi  of  organizing  those  bodies. 

§  48.  The  preamble  of  this  law  respecting  Ayuntamientos  recites, 
generally,  that,  in  the  judgment  of  the  Cortes,  the  PUEBLOS,  or  towns, 
ought  to  be  governed  by  Ayuntamientos,  or  Common  Councils  :  [which, 
it  is  to  be  remembered,  are  Commune  Councils].  Article  I  provides 
that  towns  and  pueblos  which  have  no  Ayuntamientos,  but  which  are 
entitled  to  them,  may  apply  for  them ;  and  Articles  II,  VIII,  and  IX 
enact  that  Pueblos  which  are  not  themselves  entitled  to  Ayuntamientos 
shall  be  aggregated  together  under  a  common  Ayuntamiento.  Leyes 
Vigentes,  page  28,  etc.  1  White's  Recopilacion,  416,  etc.  ADDENDA, 
No.  X,  pp.  18,  19.  Article  IV  provides  that,  in  all  Pueblos  not 
exceeding  two  hundred  inhabitants,  there  shall  be  one  Alcalde,  two 
Regidores,  (Common  Councilmen,)  and  one  Procurador  Sindico ;  one 
Alcalde,  four  Regidores,  and  one  Procurador  Sindico  in  Pueblos  having 
more  than  200  and  less  than  500  inhabitants ;  one  Alcalde,  six  Regi- 
dores, and  one  Procurador  Sindico  in  those  having  between  500  and 
1,000  inhabitants ;  two  Alcaldes,  eight  Regidores,  and  two  Procurador 
Sindicos  in  those  having  between  1,000  and  4,000  inhabitants ;  and 
twelve  Regidores  in  PUEBLOS  of  more  than  4,000  inhabitants.  These 
Alcaldes,  Regidores  and  Procuradores  Sindicos  composed  the  Ayunta- 
miento of  the  Pueblo. 

THE  COMPLEX  SYSTEM  OF  A  DOUBLE  ELECTION  FOR  THE  OFFICERS 
OF  AYUNTAMIENTOS. 

§  49.  The  Ayuntamientos  were  not  elected  directly  by  the  people, 
who  chose  only  electors  for  that  purpose ;  and  the  elections  of  these 
electors  were  to  be  held  in  local  election  districts  at  elections  called 
juntas  de  parroquia,  (parish  or  district  elections).  Article  VIII.  But 
no  such  junta  de  parroquia  could  be  formed  in  a  town  having  less  than 
fifty  inhabitants,  (Article  IX)  ;  and  this  was,  therefore,  probably  the 
limit  of  population  below  which  a  Pueblo  could  not  have  its  own 
Ayuntamiento.  Compare  Leyes  Vigentes,  page  28,  Art.  IV,  VIII, 
and  IX. — Translated  in  1  White's  New  Recopilacion,  416,  etc.  AD- 
DENDA, No.  X,  pp.  18,  etc. 

How  A  PUEBLO  MIGHT  LOSE  ITS  AYUNTAMIENTO. 

§  50.  Article  II  recognizes  the  fact  that  a  town  which  has  once 
had  an  Ayuntamiento  may  lose  it  by  a  diminution  of  its  population. 
"  Aggregandose  al  [Ayuntamiento]  mas  immediate  en  su  provincia  las 
"  [Pueblos]  que  se  formaran  nuevamente  y  los  despoblados  con  juris- 
"  diccion."  And  in  that  case  the  provision  just  cited  directs  that  they 


38  ACTUAL  DIVISION   INTO    DISTRICTS    AND   PARTIDOS. 

shall  be  united  to  the  nearest  Ayuntamiento  in  their  province.  There 
were  therefore  three  kinds  of  Ayuntamientos  : 

1st.  Ayuntamientos  existing  for  a  single  Pueblo,  which  may  there- 
fore be  styled  AYUNTAMIENTOS  SOLE. 

2d.  Ayuntamientos  composed  entirely  of  populations  each  of  which 
was  too  small  to  have  an  Ayuntamiento  of  its  own,  and  which  may 
therefore  be  styled  AYUNTAMIENTOS  AGGREGATE. 

3d.  Ayuntamientos  composed  of  the  Ayuntamiento  of  a  Pueblo, 
to  which  were  joined  other  small  populations,  each  too  small  to  have 
an  Ayuntamiento  of  its  own,  and  which  I  shall  term  COMPOSITE 
AYUNTAMIENTOS,  neither  purely,  sole  nor  aggregate. 

ACTUAL  DIVISION  INTO  DISTRICTS  AND  PARTIDOS. 

§  51.  The  Departments  of  Upper  and  Lower  California  were 
repeatedly  divided  into  Districts,  and  Partidos,  as  it  was  required  by 
law  that  they  should  be:  §  8  of  this  argument.  Governor  Alvarado, 
on  February  26th,  1839,  divided  this  Department  into  Districts,  and 
the  northern  District  into  two  Partidos,  and  decreed  that  the  "  second 
Partido  should  comprehend  from  the  Point  de  los  Llajas  (below  the 
latitude  of  Santa  Cruz)  up  to  the  Sonoma  frontier  of  the  North  ;"  and 
that  its  cabecera,  or  official  centre,  to  which  official  communications 
were  to  be  addressed,  should  be  the  "  Establishment  of  Dolores." 
California  Archives,  Vol.  IV,  Departmental  State  Papers,  page  589. 
In  1845,  California  was  again  divided  into  Districts  and  Partidos,  and 
Yerba  Huena  is  indicated  as  the  cabecera.  Ibid,  page  199.  I  cannot 
find  that  previous  to  1839,  as  above  mentioned,  there  was  any  formal 
division  of  the  Californias  into  Districts  and  Partidos.  But  that 
division  was  necessary  as  a  matter  of  administration :  Law  of  the 
Cortes  of  Spain,  of  Oct.  9,  1812.  Leyes  Vigentes,  35.  San  Fran- 
cisco was  recognized  as  cabecera  of  the  frontier  of  the  North  on  Janu- 
ary 17th,  1839,  by  Governor  Alvarado,  previous  to  his  division  of 
Districts  and  Partidos  made  as  above,  in  February  of  that  year.  See 
ADDENDA,  No.  XXXVIII,  page  57,  §  4 ;  and  even  earlier,  on  Novem- 
ber 4th,  1834,  Governor  Figueroa  recognizes  a  Partido  of  San  Fran- 
cisco as  already  in  existence,  and  as  having  theretofore  been,  and  still 
being  under  the  jurisdiction  of  the  military  commandante  of*San  Fran- 
cisco. See  ADDENDA,  No.  XXI,  page  35.  From  the  absence  of  any 
evidence  in  the  Archives  showing  that  there  was  an  actual,  formal 
division  into  Partidos  previous  to  February,  1839,  Mr.  R.  C.  Hop- 
kins, the  Keeper  of  the  Archives,  is  of  opinion  that  the  jurisdiction  of 
the  Presidios,  respectively,  was  regarded  as  a  practical  division  of  the 
Department  into  Partidos,  and  treated  as  such,  and  I  fully  concur  in 
this  opinion.  The  Presidio  of  San  Francisco  included  San  Jose,  Santa 
Clara,  Santa  Cruz  and  the  Villa  of  Branciforte  in  its  jurisdiction,  from 
A.  D.  1800  to  1830.  California  Archives,  Vol.  Ill  of  Missions,  p.  278  ; 
lb.,  Vol.  V,  p.  165;  Jb.,  Vol.  V,  p.  297.  But  in  1836,  at  least,  the 
Partido  of  San  Francisco  did  not  include  that  portion  of  California 
lying  west  of  the  Bays  of  San  Francisco  and  San  Pablo,  the  Straits 


THE   CORTES   ORDER  PUEBLO   PROPERTY  TO   BE   SOLD.          39 

of  Carquinez,  and  the  Sacramento  River,  and  this  explains  the  lan- 
guage then  used  by  Governor  Alvarado  in  defining  the  limits  of  the 
Partido  :  "  The  second  Partido  shall  comprise  from  the  Point  de  las 
Llayas  up  to  (hasta)  the  Sonoma  frontier  of  the  North."  For  the 
tract  west  of  the  Bay  of  San  Francisco  and  its  tributaries,  as  above 
mentioned,  belonged  to  the  independent  jurisdiction  of  the  military 
commandante,  and  was  known  as  the  "  Sonoma  Frontier  of  the  North," 
as  decided  by  the  Departmental  Junta,  on  July  7th,  1836.  See  Ex- 
hibit 2  to  testimony  of  R.  C.  Hopkins  in  the  case.  Also,  California 
Archives,  Legislative  Proceedings,  Vol.  Ill,  page  141. 

A.  D.  1813. 

THE  CORTES  OF  SPAIN  ORDER  ALL  THE  PROPERTY  OF  THE 
PUEBLOS,  EXCEPT  THE  VACANT  SUBURBS,  (EJIDOS,)  TO  BE 
GRANTED  IN  PRIVATE  OWNERSHIP. 

§  52.  One  of  the  desperate  necessities  resulting  to  the  Spanish 
Government  from  the  attempt  of  Napoleon  to  place  his  brother  upon 
the  throne  of  Spain,  and  from  the  civil  war  to  which  it  gave  rise,  was 
an  enactment  made  by  the  Cortes  on  the  4th  of  January,  1813,  that 
all  the  property  of  the  Pueblos,  not  only  in  Spain  but  in  the  provinces 
beyond  the  seas,  should  be  sold  or  granted  to  private  owners.  This 
law  is  published  in  the  Leyes  Vigentes,  at  pages  56,  etc.,  as  one  which 
survived  the  Mexican  Revolution  of  1821 :  it  is  printed  in  full  in  the 
ADDENDA,  No.  XI,  at  page  20,  etc.  The  avowed  object  in  the  pre- 
amble is  the  welfare  of  the  PUEBLOS  and  the  improvement  of  agri- 
culture and  industry ;  the  real  object  clearly  appears,  from  Articles  6, 
7,  8,  9  to  15,  to  have  been  to  reward  soldiers  for  services  in  the  war 
against  Napoleon,  and  to  raise  a  fund  wherewith  to  pay  a  portion  of 
the  National  Debt.  Article  3  provides  that  "  in  the  transfer  of  the 
"  said  lands  the  residents  of  the  Pueblos  within  the  limits  of  which 
"  said  lands  may  be  shall  be  preferred,  and  the  commoners  of  said 
"  Pueblos  in  the  enjoyment  of  said  vacant  lands."  See  ADDENDA, 
No.  XI,  page  21.  These  enactments  will  become  very  important  in 
a  subsequent  part  of  this  argument. 

A.  D.  1813. 

THE  CORTES  OF  SPAIN  DECLARE  THAT  THE  MISSIONS  OUGHT  TO 
BE  SECULARIZED. 

§  53.  In  the  same  year,  1813,  the  Cortes  of  Spain,  not  by  an 
absolute  enactment,  but  by  an  authentic  act,  expressed  their  opinion 
that  the  Missionary  establishments  ought  to  be  discontinued,  and  con- 
verted into  curacies,  in  other  words,  that  the  Indian  Missions  ought  to 
be  secularized.  But  as  this  declaration  went  no  farther,  and  never 
attained  the  form  or  force  of  a  law,  it  is  not  deemed  necessary  to  make 
any  further  reference  to  it,  than  to  allude  to  it  as  one  of  the  landmarks 
in  the  progress  of  opinion.  See  Jones'  Report. 


40  PROGRESS   OF  THE  PUEBLO   OP   SAN  FRANCISCO. 

A.  D.  1821. 
THE  MEXICAN  REVOLUTION. 

§  54.  Next  in  the  order  of  time,  among  political  events,  is  the 
Mexican  Revolution  of  1821.  How  far  this  Revolution  affected  the 
political  powers  of  the  military  governors,  it  is  not  now  necessary  to 
inquire.  It  is  a  well  established  principle  of  law  that  a  change  in  the 
sovereignty  of  a  country  changes  the  political  law,  but  leaves  all  the 
laws  respecting  private  property  in  full  force.  American  Insurance  Co. 
vs.  Canter,  1  Peters,  542  ;  Fleming  vs.  Page,  9  Howard  U.  S.  S.  C.  R. 
Rep.,  603;  Cross  vs.  Harrison,  16  Howard  U.  S.  S.  C.  Rep.,  164. 
This  is  well  stated  in  Governor  Riley's  Proclamation  of  June  5,  1849. 
ADDENDA,  No.  LXXV,  3d  U".  Thus,  when  Louisiana  was  acquired 
from  France,  it  was  understood  that  lands  held  by  the  former  citizens 
or  municipalities  of  that  territory  were  to  be  held  and  enjoyed  as 
before ;  but  that  the  public  lands  were  not  to  be  granted  by  the  Gover- 
nors, as  theretofore,  under  the  laws  of  Spain  and  France,  but  were 
subject  only  to  the  laws  regulating  the  public  lands  of  the  United 
States.  So  when  California  was  acquired,  it  was  generally  and  cor- 
rectly understood  that  all  municipal  corporations  retained  their  landed 
property,  while  the  new  Governors  of  California  could  not  grant  a 
foot  of  land,  though  their  Mexican  predecessors  could  grant  it  eleven 
leagues  at  a  time.  That  the  laws  relating  to  the  landed  property  of 
the  Pueblos  of  California  were  not  changed  by  the  Mexican  Revo- 
lution will  appear  from  the  whole  course  of  this  argument,  and  by 
consulting  the  ADDENDAS,  Nos.  X  and  XI,  pages  18  to  23,  which  are 
taken  from  the  Leyes  Vigentes — that  collection  of  the  laws  of  Spain 
which  did  survive  the  Mexican  Revolution.  The  same  principles  are 
admirably  stated  in  the  preface  to  the  Leyes  Vigentes,  pages  i  to  iv. 

A.  D.  1825. 
PROGRESS  OF  THE  PUEBLO  OF  SAN  FRANCISCO. 

§  55.  Meanwhile  the  PUEBLO  of  San  Francisco  had  attained  but 
a  small  growth,  with  a  sluggish,  indolent  population.  Captain  Benja- 
min Morrell,  who  visited  San  Francisco  in  May,  1825,  thus  describes 
the  town :  "  The  town  of  San  Francisco  stands  on  a  table  land,  elevated 
"  about  three  hundred  and  fifty  feet  above  the  sea  on  a  peninsula  five 
"  miles  in  width,  on  the  south  side  of  the  entrance  to  the  bay,  about 
"  two  miles  to  the  east  of  the  outer  entrance,  and  one-fourth  of  a  mile 
"  from  the  shore.*  It  is  built  in  the  same  manner  as  Monterey,  but 

*  NOTE. — It  is  hardly  necessary  to  remark  that  this  is  a  description  of  the  PUEBLO  as 
it  then  existed  at  the  PRESIDIO.  It  seems  to  be  inaccurate  in  the  estimated  elevation 
of  three  hundred  and  fifty  feet  above  the  sea;  but  very  singularly  in  "  CALIFORNIA," 
by  Alexander  Forbes,  published  in  London,  in  1839,  facing  page  1*27  is  an  engraving  of 
the  Golden  Gate,  in  which  the  Presidio  is  represented  at  about  the  same  height  above 
tide  water.  Probably  both  Capt.  Morrell  and  Forbes  were  deceived  in  their  estimates, 
as  most  early  Californians  were,  by  the  exceeding  clearness  of  the  atmosphere.  Look- 
ing at  the  settlement  from  afar,  knowing  how  many  miles  they  were  distant,  and 
perceiving  objects  with  great  distinctness,  they  judge'd  of  heights  as  they  would  have 
done  in  an  obscure  atmosphere,  and  so  both  the  nautical  observer  and  the  artist  were 
deceived. 


MEXICAN   COLONIZATION  LAWS   OF   1824.  41 

"  much  smaller,  comprising  only  about  one  hundred  and  twenty  houses 
"  and  a  church,  with  perhaps  five  hundred  inhabitants.  *  *  *  The 
"  inhabitants  of  this  place  are  generally  Mexicans  and  Spaniards,  who 
"  are  very  indolent,  and  consequently  very  filthy.  They  cultivate 
"barely  sufficient  land  to  support  nature;  consequently,  nothing  can 
"  be  obtained  by  way  of  refreshments  for  ships.  *  *  *  The  table 
"  land  before  mentioned  would  produce  abundantly  with  proper  culti- 
"  vation ;  but  its  surface  is  scarcely  ever  disturbed  by  plow  or  spade, 
"  and  the  garrison  depends  entirely  upon  the  Mission  for  all  its  sup- 
"  plies."  Morrell's  Narratives  of  four  voyages  to  the  Pacific,  etc.,  New 
York,  1853,  page  211.  This  account  I  shall  concede  to  be  inexact  as 
to  the  number  of  the  population,  houses,  and  other  matters  of  mere 
estimate,  because  such  statements  almost  always  exaggerate  the  num- 
bers involved  in  the  calculation.  But  one  thing  remains  as  a  conclu- 
sive result  of  Captain  Morrell's  observation,  namely :  that  there  was  an 
actual  PUEBLO  at  San  Francisco,  so  large  that  a  disinterested  observer 
estimated  it  at  five  hundred  inhabitants  and  one  hundred  and  twenty 
houses.  The  population  probably  never  reached  400.  See  post  §  73 
and  ADDENDA,  No.  LXXVI.  Mr.  Richard  H.  Dana,  in  his  "  Two 
Years  before  the  Mast,"  speaks  of  San  Francisco  "  as  a  newly -begun 
"settlement,  mostly  of  Yankee-Californians,  called  Yerba  Buena, 
"  which  promises  well."  Page  280.  Mr.  Dana  arrived  in  San  Fran- 
cisco on  December  4th,  1835.  Compare  the  dates  in  his  book  at  pages 
66  and  280.  It  thus  appears  that  the  inhabitants  of  the  town  were 
already  shifted  or  shifting  from  the  Presidio  to  Yerba  Buena,  both 
localities  being  within  the  four  leagues  belonging  to  this  Pueblo.  See 
the  map  prefixed,  and  Langley's  map,  in  §  30. 

MEXICAN  COLONIZATION  LAWS  OF  1824  AND  1828. 

§  56.  No  sooner,  however,  had  the  Mexican  Revolution  become 
an  accomplished  fact,  than  the  Sovereign  General  Constituent  Con- 
gress, by  a  decree  bearing  date  August  18th,  1824,  enacted  a  general 
law  of  Colonization,  commonly  styled  the  "  Colonization  Law  of  1824." 
This  will  be  found  printed  at  large  in  the  ADDENDA,  No  XII,  page 
23.  This  wise  and  liberal  plan  is  worthy  of  the  attention  of  the  histo- 
rian and  of  the  political  economist,  but  our  present  purpose  leads  us  to 
cite  only  the  2d  Article  of  the  decree,  which  is  in  these  words : 

"  2d.  The  object  of  this  law  are  those  national  lands  which  are 
"  neither  private  property  nor  belonging  to  any  corporation  or  PUEBLO, 
"  and  can  therefore  be  colonized — Son  objeto  de  esta  ley  aquellos  ter- 
"  renos  de  la  nacion,  que  no  siendo  de  propiedad  particular,  ni  per- 
"tenecientes  a  corporacion  alguna  6  PUEBLO,  pueden  ser  colonizados." 

This  decree  of  Colonization,  therefore,  embraces  all  lands  which 
were  neither  of  private  ownership  nor  belonged  to  any  corporation  or 
Pueblo.  This  decree  was  soon  followed  by  "  General  Rules  and 
Regulations  for  the  Colonization  of  the  Territories  of  the  Republic," 
adopted  at  Mexico,  November  21,  1828,  and  commonly  styled  the 
"  Regulations  of  1828."  These  are  to  be  found  in  the  ADDENDA,  No. 


42      COMANDANTES  COULD  NO  LONGER  GRANT  LANDS. 

XIV,  page  25.  We  need  not  pay  any  particular  attention  to  these 
Regulations,  any  further  than  to  observe :  that  all  applications  for 
grants  of  lands  were  to  be  made  to  the  Governor ;  that  he  was  to  cause 
the  necessary  information  to  be  obtained ;  and  that,  if  satisfied,  he  was 
to  make  the  grant,  and  that  there  is  no  provision  authorizing  him  to 
delegate  his  power  to  any  person  or  officer.  Articles  1,  2,  3,  and  4.  If, 
therefore,  on  comparing  this  decree  of  1824  with  the  Regulations  of 
1828,  we  find  a  class  of  lands  granted  by  the  public  authorities,  not  of 
private  ownership,  nor  belonging  to  the  nation,  we  shall  be  tempted  to 
adopt  the  only  remaining  alternative  and  ask :  "  To  what  corporation 
or  Pueblo  did  these  lands  belong  ?"  See  §  2  of  the  Law  of  1824,  cited 
in  this  section. 

A.  D.  1828.    NOVEMBER  GTH. 

IT  IS  DECIDED  THAT  COMANDANTES  OF  PRESIDIOS  HAVE  NO 
POWER  TO  GRANT  PUBLIC  LANDS  OUTSIDE  OF  THEIR  PUEBLOS. 
WAS  THE  POWER  TO  GRANT  PUBLIC  LANDS  IN  ABEYANCE  ? 

§  57.  After  the  enactment  of  the  Mexican  Colonization  laws  of 
1824,  and  before  the  adoption  of  the  Regulations  of  1828,  both  of 
which  are  referred  to  in  the  preceding  §  56  of  this  argument,  an 
incident  occurred  which  is  curiously  illustrative  of  the  Colonization 
laws  of  California,  and  confirms  the  propositions  I  have  heretofore 
maintained.  A  person  named  Willis,  a  resident  of  San  Jose,  some 
time  in  1828,  petitioned  the  Governor  for  a  grant  of  public  lands, 
lying  outside  of  the  lands  of  that  PUEBLO.  The  Governor  refused  the 
petition,  because  there  were  sufficient  lands  upon  which  to  maintain 
his  flocks  and  herds,  in  the  Pueblo  of  San  Jose  to  which  he  belonged. 
Willis  thereupon  presented  himself  to  the  Comandante  of  the  Pre- 
sidio of  San  Francisco,  and  having  persuaded  him  that  he  had  the 
power  to  grant,  obtained  a  concession  of  the  lands.  The  Governor 
repudiated  the  grant  as  being  beyond  the  powers  of  the  Comandante, 
and  directed  the  latter  to  summon  Willis  before  him  and  fine  him 
fifty  dollars  for  his  fraudulent  conduct.  See  ADDENDA,  No.  XIII, 
page  24,  Exhibit  C  in  the  case.  This  is  strongly  confirmatory  of  the 
position  I  have  assumed  to  demonstrate  in  §  44  of  this  argument, 
namely,  that  captains  (comandantes)  of  Presidios  could  not  grant  lands 
outside  of  their  Presidial-Pueblos  (see  ADDENDA,  No.  VIII),  while  it 
decides  nothing  on  the  question  whether  the  power  remained  to  them 
to  grant  lands  within  such  Pueblos.  If  the  power  to  grant  within 
Pueblos  was  a  part  of  their  political  authority,  it  is  very  certain  that 
they  lost  it  by  the  happening  of  the  Mexican  Revolution  of  1821. 
Leyes^Vigentes,  Preface;  see  also  §  54  of  this  argument.  That  there 
was  an.  interregnum  between  the  LAWS  of  August  llth,  l%2±,  directing 
colonization,  ante  §  56,  ADDENDA,  No.  XII,  page  23,  and  the  REGU- 
LATIONS of  November  21,  1828,  which  prescribed  the  mode  of  coloni- 
zation, can  easily  be  imagined.  See  §  56,  also  ADDENDA,  No.  XIV, 
page  25.  Thus  grants  of  lands  were  interdicted,  unless  made  by  cer- 
tain authorities,  and  in  a  prescribed  form,  but  at  the  same  time  the 
authorities  were  not  named  nor  the  form  indicated,  and  so  no  grants 


MISSIONS   ORDERED   TO   BE   SECULARIZED.  43 

could  be  made  for  the  time  being.  A  singular  confirmation  of  this  view 
is  furnished  fry  Capt.  Beechy,  who  visited  the  Presidio  of  San  Fran- 
cisco, in  November,  1826:  "A  further  grievance  has  arisen  by  the 
"  refusal  of  the  Government  to  continue  certain  privileges  which  were 
"  enjoyed  under  the  old  system.  At  that  time  soldiers  entered  for  a 
"  term  of  ten  years,  at  the  expiration  of  which  they  were  allowed  to 
'•  retire  to  the  Pueblos, — villages  erected  for  this  purpose,  and  attached 
"  to  the  Missions,  where  the  men  have  a  portion  of  ground  allotted  to 
"  them  for  the  support  of  their  families.  This  afforded  a  competence  to 
"  many ;  and  while  it  benefitted  them,  it  was  of  service  to  the  Govern- 
"  ment,  as  the  country  by  that  means  became  settled,  and  its  security 
"increased.  But  this  privilege  has  been  latterly  withheld  and  the 
"  applicants  have  been  allowed  only  to  possess  the  land  and  feed  their 
"  cattle  upon  it,  until  it  should  please  the  Government  to  turn  them 
"  off."  Narrative  of  a  voyage  to  the  Pacific  Beering  Straits,  in  the 
year  1825-1828,  by  Capt.  F.  W.  Beechy,  R.  N.,  F.  R.  S.:  London, 
Colburn  &  Bentley,  1831 ;  Vol.  II,  pages  10,  11.  This  account  is  full 
of  errors,  such  as  a  stranger  would  naturally  fall  into,  but  it  contains 
enough  of  truth  to  confirm  my  proposition.  Between  the  adoption  of 
the  Law  of  Colonization  in  1824  (next  preceding  §  56)  and  the  Regu- 
lation of  Colonization,  prescribing  the  mode,  (see  next  §  56)  it  is  not 
improbable  that  the  power  to  grant  lands  outside  of  the  Pueblos  was 
wholly  in  abeyance.  Certainly  Comandantes  of  Presidios  could  not 
then  grant  such  lands,  nor  could  they  have  done  so  before  that  time. 
See  ADDENDA,  No.  VIII,  page  17.  See  §  44  of  this  argument. 

A.  D.  1833. 

THE  MEXICAN  GOVERNMENT  ORDERS  THE  MISSIONS  OF  CALIFOR- 
NIA TO  BE  SECULARIZED. 

§  58.  I  have  shown  ante  §§  26,  53,  that  the  Missionary  system  was 
tended  to  be  succeeded  by  a  purely  civil  colonization  ;  that  the  Missions 
were  to  be  secularized ;  and  that  the  Cortes  of  Spain,  in  1813,  had 
shown  their  impatience  that  secularization  had  not  been  already  accom- 
plished. But  in  August,  1828,  the  Congress  of  Mexico  decreed  that 
the  secularization  of  the  Missions  should  be  "  proceeded  with."  AD- 
DENDA, No.  XV,  page  26.  Pursuant  to  that  decree,  Governor  Figue- 
roa,  in  August  1833,  enacted  certain  "Provisional  Rules  for  the  Secu- 
larization of  the  Missions,"  which  were  to  go  into  effect  in  August, 
1834,  "commencing  with  ten  Missions, and  afterwards  with  the  remain- 
der." ADDENDA,  No.  XIX,  page  31,  Art.  I,  Id.  No.  XX,  page  34. 
But  the  execution  of  the  whole  scheme  was  suspended  by  a  decree  of 
the  President  of  Mexico,  of  November  7th,  1835.  ADDENDA,  No. 
XXVIII,  page  43.  There  is  not  a  shadow  of  pretence  that  up  to  Jan- 
uary, 1835,  the  Mission  of  Dolores  had  been  secularized,  although 
nothing  is  more  certain  than  the  fact  that  the  Majordomos  mentioned  in 
Article  8  of  these  "  Provisional  Rules  "  had  taken  possession  of  the 
property  of  the  Missions. 


44  SUCCESS   OF   THE   MISSION    SYSTEM. 


THE  SUCCESS  OF  THE  MISSION  SYSTEM. 

§  59.  The  results  of  the  Mission  scheme  of  Christianization  and 
Colonization  were  such  as  to  justify  the  plans  of  the  wise  statesmen  who 
hitherto  devised  it,  and  to  gladden  the  hearts  of  the  pious  men  who  devo- 
ted their  lives  to  its  execution.  At  the  end  of  sixty  years,  (in  1834) 
the  missionaries  of  Upper  California  found  themselves  in  possession  of 
twenty-one  prosperous  Missions,  planted  upon  a  line  of  about  seven 
hundred  miles,  running  from  San  Diego  north  to  the  latitude  of  Sono- 
ma. More  than  thirty  thousand  Indian  converts  were  lodged  in  the 
Mission  buildings,  receiving  religious  culture,  assisting  at  divine  wor- 
ship, and  cheerfully  performing  their  easy  tasks.  Over  four  hundred 
thousand  horned  cattle  pastured  upon  the  plains,  as  well  as  sixty  thou- 
sand horses,  and  more  than  three  hundred  thousand  sheep,  goats  and 
swine.  Seventy  thousand  bushels  of  wheat  were  raised  annually, 
which,  with  maize,  beans  and  the  like,  made  up  an  annual  crop  of  one 
hundred  and  twenty  thousand  bushels ;  while,  according  to  the  climate, 
the  different  Missions  rivalled  each  other  in  the  production  of  wine, 
brandy,  soap,  leather,  hides,  wool,  oil,  cotton,  hemp,  linen,  tobacco,  salt 
and  soda.  1  De  Mofras,  320,  321,  338,  348,  366,  486,  488.  Of  two 
hundred  thousand  horned  cattle  annually  slaughtered,  the  Missions  fur- 
nished about  one  half,  whose  hides  and  tallow  were  sold  at  a  net  result 
of  about  ten  dollars  each,  making  a  million  of  dollars  from  that  source 
alone.  1  De  Mofras,  320,  480,  484.  While  the  other  articles,  of 
which  no  definite  statistics  can  be  obtained,  doubtless  reached  an  equal 
value,  making  a  total  production  by  the  Missions  themselves,  of  two 
millions  of  dollars.  Gardens,  vineyards  and  orchards  surrounded  all 
the  Missions,  except  the  three  northernmost,  Dolores,  San  Rafael,  and 
San  Francisco  Solano,  the  climate  of  the  first  being  too  inhospitable  for 
that  purpose  ;  and  the  two  latter,  born  near  the  advent  of  the  Mexican 
Revolution,  being  stifled  in  their  infancy.  The  other  Missions,  accord- 
ing to  their  latitude,  were  ornamented  and  enriched  with  plantations  of 
palm  trees,  bananas,  oranges,  olives,  and  figs  ;  with  orchards  of  Euro- 
pean fruits ;  and  with  vast  and  fertile  vineyards,  whose  products  were 
equally  valuable  for  sale  and  exchange,  and  for  the  diet  and  comfort  of 
the  inhabitants  of  the  Missions.  1  De  Mofras,  350,  351,  366,  420,  etc. 
Aside  from  these  valuableproperties,  and  from  the  Mission  buildings, 
the  self-moving  or  live  stock  of  the  Missions,  valued  at  their  current 
rates,  amounted  to  three  millions  of  dollars  of  the  most  active  capital, 
bringing  enormous  annual  returns  upon  its  aggregate  amount,  and,  ow- 
ing to  the  great  fertility  of  animals  in  California,  more  than  repairing 
its  annual  waste  by  slaughter.  1  De  Mofras,  320,  472,  476.  Such 
was  the  great  religious  success  of  the  Catholic  Missions  in  Upper  Cal- 
ifornia; such  their  material  prosperity  in  the  year  1834,  even  after 
many  depredations  had  been  committed  upon  them  by  the  first  Gov- 
ernors of  the  regime  of  "  Independence."  See  ADDENDA,  No.  LXVII. 

THE  "  Pious  FUND  "  OF  THE  MISSIONS  OF  CALIFORNIA. 
§  6p.     "  What  is  remarkable  in  the  establishment  of  these  Missions, 


THE  "  PIOUS   FUND  "  OF   THE   MISSIONS.  45 

they  cost  the  government  nothing.  When  the  Missions  of  Lower  Cali- 
fornia were  first  founded,  the  Viceroys  furnished  some  assistance.  Philip 
V,  gave  them  in  the  first  years  of  his  reign  an  annual  pension  of 
$13,000 ;  but  in  the  year  1735,  the  Jesuits,  having  received  some  large 
donations,  administered  them  so  well,  that  they  not  only  supplied  all  the 
wants  of  their  Missions,  but  added  to  the  capital  of  their  funds  by  the 
purchase  of  productive  real  estate,  (mais  encore  acheter  de  nouveaux 
terrains.)  In  1767,  a  lady  of  Guadalajara,  Dona  Josefa  de  Miranda, 
left  by  will  to  the  College  of  the  Society  of  Jesus,  of  that  city,  a  leg- 
acy of  more  than  $100,000,  which  the  Jesuits,  who  were  already  the 
objects  of  the  slanders  of  all  Europe,  had  the  delicacy  to  refuse."  1  De 
Mofras,  266  ;  Clavigaro. 

WHAT  CONSTITUTED  THE    "  Pious  FUND." 

§  61.  "  The  property  belonging  to  the  'Pious  Fund  of  California/ 
with  its  successive  additions,  comprised  the  following :  The  landed 
estates,  (haciendas)  of  San  Pedro,  Torreon,  Rincon,  and  the  Golon- 
drinas,  including  several  mines,  manufactories,  and  immense  flocks, 
with  more  than  five  hundred  square  leagues  of  land,  all  situated  in 
the  new  kingdom  of  Leon,  or  province  of  Tamaulipas.  These  prop- 
erties were  given  voluntarily  to  the  Society  by  the  Marquis  de  Villa 
Puente,  Grand-Chancellor  of  New  Spain,  and  by  his  wife,  the  Mar- 
chioness de  Las  Torres,  on  June  8th,  1735.  Other  legacies  enriched 
the  Society  of  Jesus  with  considerable  estates,  situated  near  San  Luis 
de  Potosi,  Guanajuato  and  Guadalajara.  The  property  known  under 
the  name  of  '  la  Cienega  del  Pastor,'  near  the  last  named  city,  and 
which,  notwithstanding  its  dilapidated  condition,  and  its  mal-adminis- 
tration,  is  still  rented  annually  for  more  than  twenty  thousand  dollars. 
Another  estate  of  the  Society,  the  Hacienda  of  Chalco,  belongs  to  the 
Pious  fund,  which  possesses  besides,  a  very  great  number  of  houses, 
and  other  real  estate,  situate  in  the  cities,  particularly  in  Mexico." 
1  De  Mofras,  267. 

SPOLIATION  OF  THE  "  Pious  FUND." 

§  62.  "In  1827,  the  government  forcibly  seized  $78,000  in  specie, 
deposited  at  the  mint  in  Mexico,  and  which  was  the  produce  of  the 
sale  of  the  Arroyo  Zarco,  an  estate  of  the  Society.  The  *  Pious  Fund* 
was  also  despoiled  of  immense  tracts  of  land  by  the  Congress  of 
Jalisco."  1  De  Mofras,  268. 

ANNUAL  PRODUCE  OF  THE  "  Pious  FUND." 

§  63.  "  Under  the  Spanish  Government  the  revenues  amounted 
to  about  $50,000  a  year,  which  paid  the  stipends  (sinodos)  of  the 
monks,  namely,  fifteen  Dominicans,  at  $600  each ;  and  forty  Francis- 
cans at  $400  each ;  and,  this  total  of  $24,000  being  deducted,  the 
balance  was  used  in  the  purchase  of  cloths,  implements,  tools,  (etoffes, 
machines,  outils,)  church  utensils  and  ornaments  for  the  service  of 


46  THE  "  PIOUS   FUND  "  IS   DIVERTED. 

religion.  The  royal  government  reimbursed  to  the  agent  of  the  Mis- 
sions at  Mexico,  the  value  of  all  supplies  furnished  by  the  Missions  to 
the  Presidios ;  and  the  agent  converted  that  money  into  merchandize, 
which  he  sent,  at  his  own  charge,  to  the  port  of  San  Bias,  whence, 
twice  a  year,  frigates  transported  it  gratuitously  to  the  various  ports  of 
California."  De  Mofras,  Vol.  I,  pp.  266  to  268. 

THE  STIPENDS  FAIL  :  $1,000,000  DUE  THE  MISSIONS. 

§  64.  "  From  1811  to  1818,  and  from  1828  to  January,  1831,  the 
Missionaries  ceased  to  receive  their  stipends  regularly,  on  account  of 
the  political  troubles  which,  at  those  epochs,  agitated  Spain  and  Mexico. 
Thus,  adding  together  the  sums  due  to  the  Franciscans  of  Upper  Cali- 
fornia only,  amounting  to  $192,000;  the  $78,000  taken  by  force;  the 
$272,000  for  which  the  Missions  of  Upper  California  were  out  of 
pocket  for  supplies  furnished  to  the  Presidios ;  and  the  revenues  of  the 
'  Pious  Fund '  for  more  than  ten  years,  we  obtain  a  total  of  more  than 
a  million  of  dollars,  of  which  the  Mexican  Government  had  already 
despoiled  the  Missionary  Association."  De  Mofras,  Vol.  I,  pp.  269, 
270.  This,  it  will  be  observed,  does  not  include  the  capital  of  the 
Pious  Fund,  except  the  $78,000  which  was,  as  above  stated,  the  pro- 
ceeds of  the  sale  of  an  estate  belonging  to  that  fund. 

THE  "Pious  FUND"  DIVERTED  INTO  THE  PUBLIC  TREASURY. 

§  65.  "  On  May  25th,  1832,  the  Mexican  Congress  passed  a 
decree  by  which  the  executive  power  was  directed  to  rent  out  for  a 
gross  sum  for  seven  years,  (or  farm  out :  aff'ermer^  the  property  of 
the  *  Pious  Fund,'  and  pay  the  proceeds  into  the  national  treasury." 
1  De  Mofras,  270.  Arrillaga,  Colleccion  de  Decretos,  1832-1833, 
page  114. 

THE  "Pious  FUND"  RESTORED  TO  THE  BISHOP  OF  CALIFORNIA.* 

§  66.  A  second  decree  of  Congress,  of  the  19th  September,  1836, 
directed  that  the  '  Pious  Fund '  should  be  placed  at  the  disposal  of  the 
new  Bishop  of  California  and  his  successors,  to  the  end  that  these 
prelates,  to  whom  its  administration  was  thus  confided,  might  employ 
it  in  the  development  of  the  Missions,  or  in  similar  enterprises,  accord- 
ing to  the  wish  of  its  founders.  1  De  Mofras,  270.  Arrilaga,  Col- 
leccion de  Decretos,  July  to  Dec.  1836,  page  107. 

*  NOTE. — This  is  the  first  time  that  the  designation  "  BISHOP  OF  CALIFORNIA  "  occurs. 
Previous  to  1840,  California  was  not  a  Diocese  of  any  church,  but,  the  Popes  had,  by 
various  Bulls,  granted  Episcopal  powers  to  the  Apostolical  Prefect  [President  of  the 
Missions]  of  California,  for  the  time  being.  Bull  of  Leo  X,  April  25th,  1521  ;  of  Adrian 
VI,  May  9th,  1522;  of  Clement  XIV,  June  16th,  1774.  But  in  1840  the  then  Pope, 
Gregory  XVI,  erected  California  into  a  Bishopric,  and  named  to  that  See  the  Key. 
GARCIA  DIEGO,  a  Mexican  Franciscan,  who  had  been  for  some  time  a  Missionary  in 
California,  designating  San  Diego  as  his  residence.  1  De  Mofras,  275.  The  title 
"  BISHOP  OF  CALIFORNIA"  was  thus  appropriated  by  the  Catholic  Church  at  least 
twenty  years  before  any  other  person  claiming  episcopal  functions  appeared  on  this 
coast,  and  has  been  so  used  with  uninterrupted  succession  since. 


47 


SANTA  ANNA  "  ADMINISTERS  "  THE  "  Pious  FUND.' 


§  67.  "On  February  8th,  1842,  General  Santa  Anna,  Provisional 
President,  by  virtue  of  his  discretionary  power,  deprived  the  Bishop 
of  California,  notwithstanding  his  protest,  of  the  administration  of  the 
1  Pious  Fund;'  and,  by  a  decree  of  the  21st  of  the  same  month, 
entrusted  it  to  General  Valencia,  chief  of  the  Army  Staff.  To  any 
one  who  is  acquainted  with  Mexico,  the  word  'administer'  has  an 
unmistakable  sense.  This  was  the  last  blow  which  the  organization 
created  by  the  Jesuits  received  before  the  final  sale.  Let  us  add,  how- 
ever, in  justice,  that  hitherto  the  few  Franciscans  who  remain  in  Cali- 
fornia have  received  an  annual  relief  of  $400  in  merchandise,  marked 
at  exorbitant  prices."  De  Mofras,  Vol.  I,  pages  270-271.  This  decree 
of  Santa  Anna  is  to  be  found  in  El  Observador  Judicial  y  de  Legis- 
lacion,  1842,  Vol.  I,  p.  351. 

THE  "Pious  FUND"  is  SOLD  AND  THE  PROCEEDS  ABSORBED. 

§  68.  Finally,  President  Santa  Anna  sold  the  *  Pious  Fund '  in  a 
mass,  to  the  house  of  Barrio,  and  to  Rubio  brothers. 

The  final  sale  above  alluded  to,  namely,  "  that  President  Santa  Anna 
sold  the  '  Pious  Fund'  in  a  mass  to  the  house  of  Barrio,  and  to  Rubio 
brothers,"  De  Mofras,  Vol.  I,  page  268,  is  thus  mentioned  at  pages 
65-66  of  the  same  volume :  "  Bold  by  the  very  excess  of  weakness, 
the  Mexican  Government  recoils  from  no  arbitrary  measure  to  supply 
its  financial  deficits.  Thus  it  has  not  hesitated  to  seize  the  property 
belonging  to  the  Missions  of  California,  whose  value  is  not  less  than 
two  millions  of  dollars,  and  sell  it  to  the  house  of  Barrio."  The  date 
is  not  given,  but  is  stated  at  page  271  to  have  been  after  the  fund  was 
entrusted  to  Valencia,  which  was  on  Feb.  21,  1842,  and  the  decree, 
the  first  section  of  which  incorporates  into  the  national  treasury  (erario 
nacional)  the  entire  "  Pious  Fund,"  and  the  second  section  of  which 
provides  for  the  sale  of  the  property,  is  dated  Oct.  24,  1842,  and  may 
be  presumed  to  have  had  a  sufficiently  rapid  execution.  See  the 
original  decree:  El  Observador  Judicial  y  de  Legislacion,  1S42,  Vol. 
2,  page  340. 

A.  D.  1834. 

MEANWHILE  THERE  WAS  NO  AYUNTAMIENTO  AT  SAN  FRANCISCO. 
AYUNTAMIENTOS  DIVIDED  INTO  THREE  CLASSES. 

§  69.  During  all  this  period,  and  up  to  the  autumn  of  1834,  there 
had  been  no  Ayuntamiento,  or  Common  Council,  at  San  Francisco. 
This  clearly  appears  from  the  ADDENDA,  No.  XVI,  page  27,  No.  XVII, 
page  28,  and  No.  XVIII,  page  29,  all  of  which  belong  to  -the  docu- 
mentary testimony  in  the  case.  The  population  of  San  Francisco  was 
ruled  by  a  Military  Comandante  of  the  Presidio,  who  was  also  a  Judge 
of  First  Instance,  while  the  Governor  generously  imposed  license  fees 
and  taxes  on  a  liberal  scale.  Ibid.  It  is  necessary  to  recur  here,  for 
a  moment,  to  three  different  classes  into  which  we  have  divided  Ayun- 
tamientos,  namely : 


48  A   PARTIDO   AYUNTAMIENTO    OF   SAN   FRANCISCO. 

1st.  AYUNTAMIENTOS  SOLE,  existing  for  a  single  Pueblo. 

2d.  AYUNTAMIENTOS  AGGREGATE,  composed  of  small  populations, 
each  too  small  to  have  an  Ayuntamiento  of  its  own. 

3d.  COMPOSITE  AYUNTAMIENTOS,  formed  of  the  Ayuntamiento  of 
a  PUEBLO,  to  which  were  joined  other  small  populations.  See  §  50 
of  this  argument. 

A.  D.  1834. 

AN  AYUNTAMIENTO  AGGREGATE  ORDERED  FOR  THE  PARTIDO  OF 
SAN  FRANCISCO. 

§  70.  On  the  14th  day  of  November,  1834,  Governor  Figueroa 
communicated  to  the  Military  Comandante  of  San  Francisco,  that  the 
Territorial  Deputation,  exercising  the  powers  conferred  upon  it  by  the 
law  of  June  23d,  1813,  had  directed  the  election  of  a  Constitutional 
Ayuntamiento  for  the  Partido  of  San  Francisco.  See  Exhibit  No.  1, 
to  Vallejo's  deposition.  ADDENDA,  No.  XXI,  page  35.  What  these 
powers  were  which  were  conferred  by  the  law  of  June  23d,  1813,  ap- 
pears from  Chap.  II,  Art.  I,  as  set  forth  in  the  Leyes  Vigentes,  page 
91,  where  the  Provincial  Deputations  are  empowered  to  aggregate 
populations  for  the  purpose  of  forming  Ayuntamientos,  in  cases  where 
the  population  of  a  Pueblo  is  insufficient  for  that  purpose.  The  Ayun- 
tamientos thus  ordered  to  be  formed,  was,  therefore,  for  the  purpose  of 
giving  a  municipal  government  to  those  small  populations  of  the  Par- 
tido which  could  not  otherwise  have  an  Ayuntamiento.  It  is  evident 
that  it  did  not  include  San  Jose,  and  the  reason  for  this  exception  was 
that  San  Jose  had  had  immemorially  an  Ayuntamiento  of  its  own. 
ADDENDA,  No.  XXIX.  And  yet  San  Jose  was  within  the  Partido  of 
San  Francisco.  The  Ayuntamiento  of  the  Partido  of  San  Francisco 
was  an  aggregated  Ayuntamiento,  constituted  under  the  laws  above 
cited  from  Leyes  Vigentes,  page  91,  Chap.  II,  Art.  I,  Id,  page  28, 
Arts.  II,  VIII  and  IX,  1  White's  New  Recapitulation,  416,  etc.  AD- 
DENDA, No.  X.  This  order  for  the  election  of  an  Ayuntamiento,  as 
will  be  seen  by  consulting  it,  ADDENDA,  No.  XXI,  page  35,  directed 
the  election  of  an  Ayuntamiento  for  the  Partido,  to  reside  at  the  Presi- 
dio of  San  Francisco,  and  to  consist  of  an  Alcalde,  two  Councilmen, 
and  one  Syndic  Procurador. 

THIS  PARTIDO  AYUNTAMIENTO  WAS  ORGANIZED. 

§  71.  Was  this  Ayuntamiento  of  the  Partido  ever  elected  and  con- 
stituted? Messrs.  J.  H.  McKune  and  Horace  Hawes,  in  their  joint 
printed  brief,  entitled,  "  Documents,  Depositions  and  Brief  of  Law 
"  Points  raised  thereon  in  behalf  of  the  United  States,  in  Case  No.  280, 
"  (this  same  case)  before  the  U.  S.  Board  of  Land  Commissioners,"  at 
page  10,  after  reciting  that  by  Exhibit  Nos.  1  and  2,  annexed  to  the 
deposition  of  M.  G.  Vallejo,  in  this  case,  ADDENDA,  No.  XXI,  pages 
35  and  36,  after  stating  that  electors  were  chosen  on  Dec.  7th  1834, 
"  who  were  to  elect  the  municipal  officers,"  add :  "  but  whether  the  elec- 
"  tion  of  Ayuntamiento  took  place,  does  not  appear  from  any  docu- 


AYUNTAMIENTO   OP  THE   PUEBLO,   A.  D.    1835.  49 

"  ment  on  file."  But  we  are  prepared  to  prove  that  this  Ayuntamiento 
of  the  Partido  was  elected,  was  duly  installed,  and  entered  upon  its 
functions.  For  in  the  inventory  of  the  Documents  on  file  in  the  Juz- 
gado  of  San  Francisco  de  Asis,  which  appears  twice  in  the  documen- 
tary testimony,  first  as  Exhibit  Hopkins,  No.  1,  offered  by  the  claim- 
ants, and  as  Exhibit  Hopkins,  M,  offered  by  the  United  States,  under 
date  of  January  1835,  appears  the  record  of  an  oficio, — an  official  com- 
munication,— from  the  government,  approving  the  appointment  of  a 
Secretary  of  the  Ayuntamiento,  and  of  an  Assistant  Alcalde  for  Contra 
Cosra — the  Counter-Coast,  the  other  side  of  the  Bay.  The  importance 
of  this  latter  oficio  will  be  shown  hereafter;  we  shall  meanwhile  bear 
in  mind  that  this  Ayuntamiento  of  the  PARTIDO  had  authority  for 
appointing  Alcaldes  for  the  other  side  of  the  Bay. 

A.  D.  1835.    JANUARY. 

A  COMPOSITE  AYUNTAMIENTO  ORDERED  TO  BE  ELECTED  FOR  THE 
PUEBLO  OF  SAN  FRANCISCO. 

§  72.  But  it  is  equally  evident  that  this  aggregate  Ayuntamiento 
for  the  PARTIDO  of  San  Francisco,  was  immediately  superseded  by  a 
composite  Ayuntamiento  for  the  Pueblo  of  San  Francisco.  For  in  the 
same  document  marked  "  Exhibit  Hopkins,  No.  1  "  and  also  M,  under 
the  date  of  November,  1834,  is  a  synopsis  of  an  oficio  from  the  Gov- 
ernor directing  a  census  of  the  population  of  San  Francisco  to  be  taken 
and  returned  to  him.  This  oficio  is  lost,  existing  neither  in  the  Ar- 
chives of  the  Pueblo  nor  of  those  of  the  Department  in  any  form.  See 
testimony  of  Hopkins  and  Dwinelle.  But  the  direction  was  executed, 
for  the  Governor,  under  date  of  January  31st,  1835,  announces  to  the 
same  Military  Comandante  that  he  had  received  the  census  of  the 
PUEBLO  OF  SAN  FRANCISCO,  by  which  it  appeared  that  it  was  enti- 
tled to  an  Ayuntamiento  of  its  own,  composed  of  one  Alcalde,  two 
Regidores,  and  one  Sindico  Procurador,  and  directing  him  to  proceed  to 
their  election  accordingly.  See  Exhibit  No.  14  to  R.  C.  Hopkins's 
deposition,  printed  in  the  ADDENDA,  No.  XXIII,  page  37.  The  cen- 
sus of  San  Francisco  disclosed  therefore  between  50  and  200  inhabit- 
ants. Leyes  Vigentes,  page  29,  Arts.  IV  and  IX.  ADDENDA,  No.  X, 
Arts.  4  and  9,  pages  18,  etc.,  because  "  one  Alcalde,  two  Regidores,  and 
one  Procurador  Syndic "  were  the  officers  prescribed  for  those  PU- 
EBLOS whose  population  was  less  than  fifty  and  did  not  exceed  two  hun- 
dred inhabitants. 

WHAT   WAS  THE  ACTUAL  POPULATION  OF  THE  PUEBLO  OF  SAN 
FRANCISCO  IN  1834-1835  ? 

§  73.  We  have  seen  in  the  preceding  §  72,  that  the  population  of 
the  PUEBLO  of  San  Francisco  in  1834-1835  could  not  have  exceeded 
200  inhabitants.  This  was  established  as  matter  of  law,  by  the  census 
returns  and  the  act  of  the  Governor  founded  on  them,  as  detailed  in 
that  section.  The  same  result  would  have  been  reached  proximately 

4 


50 


POPULATION   OF   SAN  FRANCISCO   IN   1835. 


by  statistical  data,  and  calculations  founded  on  them.  From  the  data 
contained  in  the  ADDENDA,  No.  LXXVI,  we  obtain  the  following  data 
as  to  the 

POPULATION  OF  THE  PRESIDIAL-PUEBLO  OF  SAN  FRANCISCO. 


A.  D. 

Men. 

Women. 

Boys. 

Girls. 

Total. 

1794 

46 

33 

38 

26 

143 

1800 

79 

49 

46 

49 

223 

1815 

125 

92 

74 

82 

373 

1830 

59 

46 

13 

13 

131 

See  ADDENDA,  No.  XXLVI,  page  110. 

These  returns  in  a  perfect  or  aggregate  form  come  no  lower  than 
1830.  In  1842,  the  aggregate  white  population  of  the  political  juris- 
diction of  San  Francisco  did  not  exceed  160.  See  ADDENDA,  No. 
LV,  page  78,  etc.  This  strongly  confirms  the  official  data  of  the  cen- 
sus and  order  of  the  Governor,  and  taking  the  two  together,  it  shows 
that  the  population  of  the  Pueblo  was  less  than  200.  Moreover,  these 
same  official  returns  in  the  Archives,  show  that  at  the  same  dates 
above  mentioned  there  was  the  following 

POPULATION  (INDIAN)  OF  THE  MISSION  OF  DOLORES. 


A.  D. 

Men. 

Women. 

Boys. 

Girls. 

Total. 

1794 

355 

369 

110 

79 

913 

1800 

315 

260 

32 

37 

644 

1815 

542 

391 

90 

92 

1115 

1830 

140 

53 

13 

13 

219 

From  all  of  which  we  are  compelled  to  infer : 

FIRST  :  That  the  whole  white  population  of  the  PUEBLO  of  San 
Francisco  in  1834-1835  did  not  exceed  200  inhabitants.  For,  taking 
the  whole  population  of  the  Pueblo  and  Mission  at  350  in  1830,  as 
above,  and  at  196  in  1842  (ADDENDA,  No.  LV),  I  know  of  no  law  of 
estimation  which  would  not  give  the  aggregate  population  of  both 
Pueblo  and  Mission  at  more  than  200  in  1836,  especially  as  the  popu- 
lation of  the  Pueblo  did  not  begin  to  diminish  until  1833.  See  §§  90, 
91  of  this  argument.  But  the  PUEBLO  proper  must  have  had  less 
than  200  inhabitants  in  1834-5,  or  four  Regidores  would  have  been 
ordered  to  be  elected  instead  of  only  two.  Law  of  1812,  ADDENDA, 
No.  X,  page  19,  §  4. 

SECONDLY:  That  the  population  of  the  Indian  neophytes  of  the 
Mission  of  Dolores,  although  within  the  political  jurisdiction  of  the 
PUEBLO  of  San  Francisco,  yet  being  in  a  state  of  pupilage,  and  not 
exercising  the  rights  of  citizenship,  were  not  counted  in  the  electoral 
basis  of  a  Pueblo.  They  were  like  a  sandy,  marshy,  mountainous  or 
rocky  tract  included  in  a  survey  of  lands,  embraced  within  its  boundaries 


THE  NEW  AYUNTAMIENTO  WAS  ORGANIZED.        51 

but  not  counted  in  acres  as  a  part  of  it.  See  Ordenanzas  de  Tierras  j 
Aguas,  ante  §  30,  ut  supra.  If  any  one  is  inclined  to  believe  in  the 
perfectness  of  these  California  Archives,  let  him  try  to  reproduce  the 
census  of  California  from  the  materials  there  found.  Each  Presidio 
and  Mission  was  bound  to  report  every  three  months,  and  yet  I  have 
not  been  able  to  find  any  civil  reports  of  the  Presidios  later  than  1832, 
and  that  one  incomplete  (Vol.  V  Missions,  page  344),  and  none  for  the 
Missions  separately  later  than  1817  (Vol.  IV  Missions  and  Colonization, 
page  532.)  I  have  searched  myself,  and  employed  the  most  competent 
assistance  of  gentlemen  familiar  with  the  Archives.  Still  such  data 
may  be  in  the  Archives  and  not  yet  be  discovered,  such  is  the  confusion 
which  has  been  introduced  there  under  the  so-called  "  arrangement " 
made  by  a  late  special  Attorney  of  the  United  States. 

THIS  NEW  AYUNTAMIENTO  WAS  ELECTED  AND   ORGANIZED. 

§  74.  That  this  Ayuntamiento  for  the  PUEBLO  of  San  Francisco 
was  elected  and  organized,  appears  from  the  acts  of  election.  ADDEN- 
DA, Nos.  XXX,  page  47,  and  XXXV,  page  53,  being  Exhibits  3,  8, 
and  9,  to  the  deposition  of  Vallejo,  in  the  case.  It  was  also  recognized 
as  the  Ayuntamiento  of  the  PUEBLO  by  the  General  and  Departmental 
Junta  or  Legislature.  ADDENDA,  No.  XXVI,  page  42,  etc. ;  No. 
XXIX,  pages  44,  etc.,  and  in  various  other  proceedings  to  which  refer- 
ence will  be  made  in  the  course  of  the  argument.  It  is  never  styled  the 
Ayuntamiento  of  the  PARTIDO,  but  always  called  the  Ayuntamiento 
of  the  PUEBLO.  It  therefore  superseded  the  Ayuntamiento  of  the 
Partido.  Instead  of  being  an  aggregated  Ayuntamiento  composed  of 
small  populations  in  the  PARTIDO,  it  was  an  Ayuntamiento  of  the 
PUEBLO,  to  which  various  small  populations  of  the  Partido  were  aggre- 
gated, or,  as  I  have  styled  it,  ante  §  30,  a  composite  Ayuntamiento. 

§  75.  If  it  be  asked,  where  is  the  official  act,  the  espediente  of  the 
formation  of  this  Ayuntamiento  of  the  Pueblo  of  San  Francisco,  we 
ask  in  reply,  where  did  we  find  the  expediente  of  the  formation  of  the 
Ayuntamiento  of  the  Pueblo  of  Santa  Barbara,  which  is  in  evidence 
in  this  cause  ?  Was  it  found  in  the  Archives,  where  it  ought  to  have 
been  found  ?  It  was  found  in  private  hands,  and  if  the  Archives  alone 
had  been  relied  upon,  that  document  would  never  have  been  forthcoming. 
But  we  do  find  fragmentary  records  of  the  existence  and  continuance  of 
this  Ayuntamiento  of  the  Pueblo  of  San  Francisco  in  Exhibits  Nos.  3  and 
6,  annexed  to  the  deposition  of  M.  G.  Vallejo,  ADDENDA,  No.  XXVI, 
page  42,  No.  XXX,  page  47 ;  and  Exhibits  8  and  9,  annexed  to  the 
same  deposition,  ADDENDA,  No.  XXXV,  page  53,  §  54  show  the  forma- 
tion of  the  electoral  college  of  the  same  Ayuntamiento  of  the  Pueblo,  on 
December  3d,  1837,  and  the  election  of  the  Ayuntamiento  by  that  col- 
lege, on  January  8th,  1838.  Are  we  asked  to  call  Vallejo?  The  ex- 
pediente could  never  have  been  properly  in  his  custody,  for  it  belonged 
to  the  Archives  of  the  Government ;  he  could  therefore  depose  only 
orally  to  a  disputed  fact,  and  in  so  doing,  must  contradict  his  testimony 


52  THIS   WAS   AN  AYUNTAMIENTO   FOR  THE  PUEBLO. 

already  given  in  the  case.  We  know  of  no  rule  which  compels  us  to 
call  a  witness  whom  our  adversaries  insist  on  discrediting,  or  to  con- 
sume the  time  of  the  Court  in  demonstrations  which  must  be  utterly 
fruitless.  Tie  book  of  elections  mentioned  in  Exhibit  No.  1,  to  the 
testimony  of  R.  C.  Hopkins  is  unfortunately  "  lost."  See  testimony  of 
R.  C.  Hopkins,  and  J.  W.  Dwinelle. 

THIS  WAS  AN  AYUNTAMIENTO  FOR  THE  PUEBLO. 

§  76.  I  have  said  that  the  only  Ayuntamiento  of  whose  actual  forma- 
tion and  continued  existence  we  have  any  record,  was  always  spoken 
of  as  that  of  the  PUEBLO  of  San  Francisco.  In  Exhibit  No.  3  to  the 
deposition  of  Vallejo,  ADDENDA,  No.  XXX,  page  47,  San  Francisco 
is  twice  spoken  of  as  a  Pueblo ;  in  Exhibit  No.  6  to  the  deposition  of 
Vallejo,  ADDENDA,  No.  XXVI,  page  42,  on  October  26,  1835,  it  is 
spoken  of  in  a  letter  to  the  Alcalde  of  San  Francisco,  as  the  "Ayun- 
tamiento of  that  PUEBLO" — "'  el  Ayuntamiento  de  ese  PUEBLO,"  and 
the  Alcalde  is  directed  to  inform  the  "  inhabitants  of  that  PUEBLO  " 
that  the  Ayuntamiento  could  grant  solares  at  Yerba  Buena,  showing 
that  the  Ayuntamiento  of  the  PARTIDO  was  not  then  in  existence,  but 
that  the  Ayuntamiento  of  the  PUEBLO  was.  The  acts  of  election  of 
this  Ayuntamiento  again  appear  in  1835,  1837  and  1838,  in  Exhibits 
Nos.  3,  8  and  9  to  Vallejo's  depositions,  ADDENDA,  No.  XXX,  page 
47,  No.  XXXV,  page  53,  always  held  in  the  PUEBLO  of  San  Fran- 
cisco. On  the  30th  of  May,  1835,  certain  petitioners,  describing  them- 
selves as  residents  of  the  Ranches  of  the  North,  San  Antonio,  San 
Pablo  and  those  adjoining,  petition  the  Governor,  representing  that  they 
are  attached  to  the  jurisdiction  of  the  port  of  San  Francisco,  and  ask- 
ing to  be  detached  therefrom,  and  attached  to  the  jurisdiction  of  San 
Jose.  Document  C,  P.  L.  in  the  case.  ADDENDA,  No.  XXIX,  page 
44.  The  Governor  directs  informes  (reports)  to  be-  made  by  the 
Ayuntamientos  of  the  PUEBLOS  of  SAN  JOSE  and  SAN  FRANCISCO  and 
the  expediente  is  returned  to  those  Ayuntamientos  accordingly.  Id. 
When  completed,  it  was  to  be  accompanied  with  a  list  of  the  inhabit- 
ants of  the  "  PUEBLO  of  San  Francisco."  The  Ayuntamiento  of  San 
Jose  in  their  report  state  that  the  petitioners  had  formerly  belonged  to 
that  jurisdiction.  See  the  same  document.  From  this  one  expediente, 
several  facts  are  apparent : 

FIRST  :  That  the  inhabitants  of  these  ranchos  were  not  a  constituent 
or  essential  part  of  the  Ayuntamiento  of  San  Francisco,  but  were  only 
attached,  or  aggregated  to  it  under  Article  IX  of  the  decree  of  May 
23d,  1813,  Leyes  Vigentes,  page  29,  1  White's  Recopilacion,  418,  §§ 
2  and  9.  ADDENDA,  No.  X,  pages  19,  20,  §§  2,  9.  See  §  50  ante. 

SECONDLY  :  That  it  was  the  Ayuntamiento  of  the  PUEBLO  of  San 
Francisco,  from  which  they  wished  to  be  detached  and  annexed  to  the 
Ayuntamiento  of  the  PUEBLO  of  San  Jose. 

THIRDLY  :  That  although  the  PUEBLO  of  San  Jose  and  the  Pueblo 
of  San  Francisco  were  both  in  the  same  PARTIDO,  yet  each  PUEBLO 
had  its  own  AYUNTAMIENTO. 


SAN   FRANCISCO   WAS   A   COMPLETE   PUEBLO,   A.  D.  1835.       53 

FOURTHLY  :  That  there  was  no  longer  any  Ayuntamiento  for  the 
PARTIDO  of  which  San  Francisco  was  the  cabecera,  or  capital. 

A.  D.  1835. 
A  COMPLETE  PUEBLO  EXISTED  AT  SAN  FRANCISCO. 

§  77.  We  see,  therefore,  that  there  was  a  complete  PUEBLO  of  San 
Francisco,  with  its  own  Ayuntamiento,  and  thus  possessing  the  highest 
political  organization  known  to  the  laws  of  Spain  and  Mexico.  For,  a 
Pueblo  thus  organized  under  Article  IV  of  the  Law  of  May  23,  1812, 
with  one  Alcalde,  two  Regidores,  and  one  Sindico  Procurator,  Leyes 
Vigentes,  page  28,  ante  §§  47-51,  ADDENDA,  No.  X,  page  18,  etc., 
had  as  high  a  political  capacity  as  those  Pueblos  with  -two  Alcaldes, 
and  eight,  twelve,  or  even  sixteen  Regidores,  as  provided  in  that  and 
the  succeeding  article.  In  each  and  every  case,  the  Ayuntamiento  of 
a  Pueblo  possessed  the  general  functions  and  powers  usually  belonging 
to  Spanish,  French  and  English  Common  Councils  (Councils  of  the 
Commune)  and  which  are  *  defined  at  great  length  in  the  Leyes 
Vigentes,  page  85,  etc.  Decretos  de  23  de  Junio  de  1813,  Instruccion 
para  el  gobierno  economico  politico  de  las  provincial.  Capitulo  I,  De 
las  obligaciones  de  los  Ayuntamientos ;  Decree  of  June  23d,  1813. 
Directions  for  the  politico-economical  government  of  the  provinces 
(California  was  a  Department  after  the  Revolution  of  1821)  ;  Chapter 
I,  concerning  the  duties  of  Ayuntamientos,  Leyes  Vigentes,  50,  ut 
supra.  See  also  Decreto  de  9  de  Octobre  de  1812;  Reglamento  de 
las  audiencas  y  juzgados  de  primera  instancia ;  Capitulo  III.  De  los 
Alcaldes  constitutionales  de  los  Pueblos — Concerning  the  constitutional 
Alcaldes  of  the  Pueblos ;  showing  that  these  Alcaldes  belonged  to  the 
same  constitutional  system  as  the  Ayuntamientos  of  Pueblos,  Leyes 
Vigentes,  pp.  35,  50;  1  White's  Recopilacion,  419,  etc.  See  by  com- 
parison, Merlin,  Repertoire  de  Jurisprudence,  Vol.  5,  p.  191,  title 
Commune.  The  title  of  Villa,  which  some  Pueblos  had,  was  only 
one  of  dignity,  as  that  of  Ciudad,  city,  was  of  nobility  ;  neither  con- 
ferred any  increase  of  political  or  municipal  power  or  consideration. 

A.  D.  1835.    JUNE. 
THE  AYUNTAMIENTO  OF  SAN  FRANCISCO  ASK  FOR  THEIR  EJIDOS 

AND    PROPIOS    TO    BE    ASSIGNED. 

§  78,  Among  the  papers  mentioned  in  the  list  of  PUEBLO  Ar- 
chives contained  in  the  document  Exhibit  No.  1  to  testimony  of  R.  C. 
Hopkins,  is  the  following :  "  1835,  June.  A  reply  to  the  petition  made 
"  by  the  Ayuntamiento  in  relation  to  the  assigning  of  ejidos  and  lands 
" for  propios"  This  document  is  one  of  the  lost  documents  ;  the 
original,  is  not  to  be  found  in  the  Archives,  nor  is  its  duplicate  among 
the  PUEBLO  papers.  It  seems,  therefore,  that  the  Ayuntamiento  of 
San  Francisco,  in  1835,  thought  that  that  PUEBLO  was  entitled  to 
Ejidos,  and  Propios,  respecting  which  see  §§11  and  14  of  this  argu- 
ment. The  Departmental  Junta  was  not  in  session  from  Nov.  3d, 


54  SECULARIZATION   OP   THE   MISSIONS   DECREED. 

1834,  to  August  5th,  1835.  California  Archives,  Legislative  Records, 
Vol.  II,  pages  247-250.  September,  1835,  Don  Lorenzo  Quijas,  the 
missionary  monk  at  the  Mission  of  Dolores,  petitioned  to  have  ejidos 
assigned  for  that  Mission  ;  but  this  petition  was  rejected  by  the  De- 
partmental Junta.  Ibid,  pages  600,  282.  It  thus  appears  that  the 
Pueblo  of  San  Francisco  and  the  Mission  of  Dolores  were  not  at  that 
date  confounded  with  each  other. 

A.  D.  1835. 

THE    POLITICAL    AUTHORITIES    PREPARE    TO    SECULARIZE    THE 
MISSIONS.      THR    REAL    OBJECT    OF   SECULARIZATION.      IT    is 

ATTEMPTED    AND    SUSPENDED,   BUT    THE   MISSIONS   RUINED  MEAN- 
WHILE. 

§  79.  The  theory  of  secularization  was  a  plausible  one.  It  was : 
that  the  country  having  been  colonized,  and  the  Indians  converted,  the 
Missionary  system  had  thus  become  spent  by  accomplishing  its  object ; 
that  the  system  of  Secular  curacies — a  normal  one  in  the  church — 
should  now  be  substituted  in  their  stead,  and  the  population  around 
them  established  in  villages ;  that  the  Monks,  who  were  mostly  Span- 
iards, and,  as  such,  nationally  unpopular,  and  supposed  to  be  hostile  to 
the  newly  acquired  "  Independence,"  should  be  got  out  of  the  country ; 
leaving  California  fully  colonized,  with  uniform  and  homogeneous 
institutions,  united,  prosperous  and  contented.  Ante,  §§  26,  etc.  But, 
beneath  these  specious  pretences,  was  undoubtedly  a  perfect  under- 
standing between  the  Government  at  Mexico  and  the  leading  men  in 
California,  that  such  a  condition  of  things  should  be  created  that  the 
Supreme  Government  might  absorb  the  "  Pious  Fund  "  under  the  pre- 
tence that  it  was  no  longer  needed  for  missionary  purposes,  and  thus 
had  reverted  to  the  State  as  a  quasi  escheat ;  while  the  co-actors  in 
California  should  appropriate  the  local  wealth  of  the  Missions,  by  the 
rapid  and  sure  process  of  "  administering "  their  temporalities.  The 
history  of  the  "  Pious  Fund  "  already  given  (ante,  §§  60  to  68  of  this 
argument),  and  that  of  "  Secularization,"  hereafter  sketched  in  this 
argument,  leave  no  doubt  of  the  truth  of  this  proposition.  Already  on 
August  17th,  1833,  the  Mexican  Congress  had  ordered  the  Missions 
to  be  secularized,  the  object  being  to  convert  the  Missions  into  vil- 
lages, the  Indians  into  citizens,  and  the  Mission  chapels  into  parochial 
churches,  under  the  charge  of  secular  Priests.  See  ADDENDA,  No. 
XV,  page  26.  This  scheme  was  attempted  to  be  carried  into  effect  by 
Governor  Figueroa,  who  adopted  certain  "  Provisional  Rules  for  the 
Secularization  of  the  Missions,"  bearing  date  August  9th,  1834,  and 
which  were  to  be  put  in  force  in  August,  1835.  See  ADDENDA,  No. 
XIX,  page  31,  Art.  I.  These  regulations  were  approved  by  the  Cali- 
fornia Legislature  on  Nov.  3d,  1834,  and  further  steps  taken  by  them 
to  provide  for  the  payment  of  the  parochial  priests.  See  ADDENDA, 
No.  XX,  page  34.  It  will  be  seen  by  examining  the  provisions  of 
these  three  laws  that  they  contemplated  the  gradual  change  of  these  re- 
ligious communities  into  civil  municipalities,  that  their  property,  (flocks, 


GRANTS  OF  PUEBLO  LANDS  BY  THE  GOVERNORS.      55 

etc.)  should  pass  at  once  into  civil  administration,  and  that  secular 
priests  should  take  the  place  of  the  missionaries.  That  administrators 
did  at  once  assume  the  charge  of  the  temporalities  of  the  Missions  is 
very  evident,  for  in  September,  1835,  we  find  Flores  acting  as  Admin- 
istrator of  the  Mission  of  Dolores.  ADDENDA,  No.  XXV,  page  39. 
But  greedy  and  ready  as  the  Administrators  were,  the  parochial 
priests  were  not  forthcoming,  and  consequently  the  President  of  Mexi- 
co, by  decree  of  November  7th,  1835,  suspended  the  execution  of  the 
law  of  secularization  until  the  parochial  curates  should  appear  and 
take  possession  of  the  Missions ;  that  is,  suspended  the  law  for  the 
time  being.  See  ADDENDA,  No.  XXVIII,  page  43.  Governor  Al- 
varado,  in  his  "  Regulations  respecting  Missions,"  of  January,  1839, 
states  explicitly  that  the  secularization  of  the  Missions  had  not  yet  at 
that  late  date  been  effected,  while  they  had  been  plundered  by  persons 
acting  as  administrators.  ADDENDA,  No.  XXXVII,  page  55,  pream- 
ble and  Art.  I.  We  shall  bear  in  mind,  then,  that  during  the  period 
from  1833  to  1839,  the  secularization  of  the  Missions  of  California 
had  been  decreed  by  law  and  regulated  by  "  Provisions,"  all  of  which 
were  suspended,  and  not  carried  into  effect  any  further  than  to  place 
the  Missions  in  the  charge  of  administrators  who  "  administered  "  them 
much  as  Santa  Anna  administered  the  "  Pious  Fund  of  California," 
ante,  §§  67,  68.  Meanwhile  there  was  no  Indian  Pueblo  at  Dolores, 
but  the  Indians  still  lived  in  community  there.  See  all  the  documents 
cited  in  this  section. 

A.  D.  1835. 

THE  GOVERNOR    OF  CALIFORNIA   BEGINS  TO  GRANT  SITIOS,  OR 
RANCHOS   FROM  THE  PUEBLO  LANDS. 

§  80.  Meanwhile,  it  having  been  determined  that  the  Missions 
should  be  plundered,  private  individuals  began  to  petition  for  grants  of 
grazing  lands,  which,  when  obtained,  were  for  the  most  part  stocked 
with  the  spoils  of  these  religious  establishments.  1  De  Mofras,  301, 
303,  390.  Among  such  grants  were  many  from  the  lands  of  various 
Pueblos,  and  in  the  number  of  these  is  that  of  San  Francisco.  It  is 
necessary  now  to  inquire  by  what  right  the  Governor  could  make  such 
grants  of  Pueblo  lands  ? 

AUTHORITY  OF  THE  GOVERNOR  TO  MAKE  GRANTS  OF  PUEBLO 

LANDS. 

§  81.  There  are  several  principles  enunciated  in  the  case  of  Brown 
against  the  City  of  San  Francisco,  16  California  Reports,  451,  upon 
any  of  which  the  authority  of  the  Governors  of  California  to  make 
grants  of  lands  situate  within  the  limits  of  Pueblos,  may  be  sustained ; 
and  that  they  had  such  authority,  that  case  decides  expressly  in  point. 
Independently  of  any  express  authority  being  shown,  such  authority 
will  be  presumed.  United  States  vs.  Perchman,  7  Peter,  95.  But 
the  true  source  of  that  power  seems  to  be  in  that  enactment  made  by 
the  Cortes  of  Spain  on  the  4th  of  January,  A.  D.  1813,  to  which  I 


56          GRANT  OP  THE  LAGUNA  DE  LA  MERCED. 

have  before  referred,  ante  §  52,  which  is  one  of  the  laws  that  survived 
the  Mexican  Revolution,  and  is  contained  in  the  Leyes  Vigentes,  at 
page  56.  It  is  printed  in  full  in  the  ADDENDA,  No.  XI,  at  pages  20,  etc. 
Section  1  of  this  decree  provides  that  all  the  lands  and  property  of  the 
Pueblos,  both  in  Spain  and  beyond  the  seas,  except  the  ejidos,  or 
commons,  (vacant  suburbs)  should  be  reduced  to  private  ownership ; 
while  Article  3d  enacts  that,  in  the  distribution  of  the  lands,  prefer- 
ence should  be  given  to  the  residents  of  the  respective  Pueblos — "  Los 
vecinos  de  los  Pueblos  en  cuyo  termino  existen."  No  other  authority 
was  needed. 

A.  D.  1835. 
GALINDO'S  ESPEDIENTE   FOR  THE  LAGUNA  DE  LA  MERCED. 

§  82.  Several  espedientes  of  grants  of  lands  in  the  vicinity  of  San 
Francisco  have  been  introduced  in  evidence,  and  they  all  illustrate  the 
views  which  I  have  endeavored  to  enforce,  and  shed  a  strong  light 
upon  the  progressive  growth  of  the  PUEBLO  of  San  Francisco.  The 
first  in  order  of  date  is  the  "  Espediente  sobre  el  Parage  nombrado 
"  '  Laguna  de  la  Merced,'  solicitado  por  Jose  Antonio  Galindo."  "  Es- 
" pediente  for  the  place  called  'Laguna  de  la  Merced,'  (Lake  of  Mercy,) 
"  petitioned  for  by  Jose  Antonio  Galindo."  This  is  the  espediente  No. 
10,  in  Wm.  Carey  Jones'  list,  U.  S.  Senate  Documents,  1850-1851, 
Vol.  3,  Doc.  18,  p.  95,  etc.,  and  set  forth  in  Exhibit  Hopkins,  No.  12, 
duplicated  in  Exhibit  Hopkins,  R,  and  printed  in  the  ADDENDA,  No. 
XXV,  at  page  38.  The  espediente  commences  with  a  petition  of 
Galindo  to  the  Superior  Political  Chief  (Governor)  for  the  Rancho 
known  as  "  La  Laguna  de  Merced,"  dated  at  San  Francisco,  Aug.  15, 
1835.  The  land  is  described  in  the  petition  as  "vacant,  lying  near 
"  San  Francisco  and  Dolores."  The  Governor,  in  the  marginal 
informe,  dated  Sept.  5,  1835,  directs  the  "Ayuntamiento  of  San  Fran- 
"  cisco  to  report  whether  the  interested  party  has  the  requisite  qualifi- 
"  cations.  Whether  the  land  *  *  *  is  the  property  of  any 
"  individual,  Mission,  corporation  or  Pueblo/'  (corporacion  6  Pueblo,) 
and  after  they  had  made  their  report  to  "  transmit  the  espediente  to 
"  the  superintendent  of  the  Mission,  that  he  may  report  also :" — "  al 
"  Senor  mayor  domo  de  la  misma  Mission  para  que  esponga  lo  que  le 
"  ocurra  sobre  el  particular."  The  Ayuntamiento  of  San  Francisco, 
by  a  report  dated  at  San  Francisco,  Sept.  10th,  1835,  (el  Ayuntamiento 
de  esta  demarcacion,)  state  "  that  the  land  formerly  belonged  to  the 
"  Mission  of  San  Francisco,  from  which  it  is  one  league  distant,  to  the 
"  west,  that  the  land  is  almost  worthless,  which  is  all  that  this  corpo- 
"  radon  (esta  corporacion)  has  to  say  in  the  matter."  This  report  is 
signed  by  Francisco  De  Haro  as  President  of  the  Ayuntamiento,  and 
by  Francisco  Sanchez  as  Secretary.  The  espediente  next  contains  the 
report  of  Guermecindo  Flores,  Superintendent  of  the  Mission,  dated 
at  Dolores,  Sept.  13th,  1835,  which  states  "  that  the  lands  belong  to 
this  Community,"  (Comunidad,)  [see  ante  §  17]  that  "  it  is  at  the 
"  distance  of  a  little  more  than  a  league  from  it  and  not  occupied  by 
"  it,  but,  as  the  ejidos  and  propios  which,  it  seems  to  me,  will  remain 


THE   AYUNTAMIENTO    GRANT   BUILDING   LOTS.  57 

"  to  this  (place)  when  it  shall  be  erected  into  a  Pueblo  are  not  yet 
"  designated.  I  do  not  know  whether  or  not  they  will  embrace  this 
"  land,  or  whether  or  not  they  can  be  granted  without  injury  to  this 
"  community.  (Pero  con  motivo  que  no  estan  aun  sefialados  los  ejidos 
"  6  propros  que  me  parece  quedaran  a  esta  cuando  se  erija  en  Pueblo, 
"  etc)."  The  espediente  was  carried  forward  to  its  conclusion,  and  the 
land  granted  to  the  petitioner,  being  approximately  the  tracts  marked 
"  Merced  "  and  De  Haro  on  the  accompanying  map. 

From  this  espediente  several  important  facts  appear : 

FIRST  :  That  although  the  term  San  Francisco  was  often  applied 
to  the  Mission  of  Dolores,  because  it  was  the  Mission  "  de  los  Dolores 
de  San  Francisco  de  Asis,"  yet  when  official  acts  or  proprietary  rights 
were  concerned,  the  two  were  kept  perfectly  distinct.  Here,  in  the 
same  petition,  these  two  places  are  spoken  of  as  "  San  Francisco  and 
Dolores,"  and  while  all  documents  relating  to  San  Francisco  are  dated 
at  that  place,  yet  those  relating  to  the  Mission  are  dated  at  Dolores. 

SECONDLY  :  That  there  was  at  that  early  date  an  "  Ayuntamiento 
of  San  Francisco,"  which  had  a  President  and  Secretary,  and  which 
styled  itself  a  "  corporation." 

THIRDLY  :  That  although  there  was  at  that  early  date  a  "  PUEBLO 
of  San  Francisco,"  (see  §§  72  to  77,)  yet  that  this  PUEBLO  was  not 
at  the  Mission  of  Dolores,  for  we  find  the  mayor  domo  of  that  Mission 
expressing  his  hopes  that  the  Mission  would  yet  be  erected  into  a 
PUEBLO  :  hopes  which  he  may  be  pardoned  for  entertaining  in  the 
second  year  of  the  secularization  of  the  Missions. 

FOURTHLY  :  That  the  Mission  is  always  spoken  of  as  a  community, 
(comunidad,)  the  Missions  and  the  Indian  Pueblos  always  enjoying 
their  property  in  that  form.  See  ante  §  17. 

FIFTHLY  ;  That  the  lands  petitioned  for  being  within  or  near  the 
four  leagues  claimed  for  the  PUEBLO  of  San  Francisco  the  Ayunta- 
miento of  that  "corporation"  were  consulted  on  the  subject.  The 
Administrator  of  the  Mission  was  consulted  because  that  establishment 
had  still  an  existing  servitude  in  the  lands :  the  Ayuntamiento  of 
San  Francisco  was  consulted  because  that  PUEBLO  might  have  the 
ultimate  right  to  the  lands  themselves.  The  lands  are  spoken  of  by 
the  Administrator  of  the  Mission  as  "  belonging  to  it,"  a  thing  which 
was  impossible.  Ante,  §  26.  Doubtless  they  had  formerly  been  in 
the  possession  of  the  Mission,  though  Flores  reports  that  they  were 
not  now  in  its  possession.  The  Ayuntamiento  of  San  Francisco  report 
that  the  lands  are  worthless,  and  so  beneath  their  concern. 

1835. 

THE  AYUNTAMIENTO  OF  THE  PUEBLO  OF  SAN  FRANCISCO  HAD  THE 
POWER  TO  GRANT  SOLARES,  OR  BUILDING  LOTS,  AND  SUERTES, 
OR  LOTS  FOR  CULTIVATION. 

§  83.  In  1835,  after  the  establishment  of  the  Ayuntamiento  of  the 
Pueblo  of  San  Francisco,  Don  Jose  Joaquin  de  Estudillo  petitioned 
De  Haro,  the  Judge  of  First  Instance,  at  San  Francisco,  for  a  grant  of 


58 

a  building  lot  and  of  a  suerte  for  cultivation.  The  Judge  of  First 
Instance  referred  the  matter  to  Governor  Figueroa,  who,  on  August  6th, 
1835,  replied  that  the  Ayuntamiento  had  not  the  power  to  grant  such 
lands.  See  ADDENDA,  No.  XXIV,  page  37.  But  this  reply  does  not 
seem  to  have  .been  either  right  or  acceptable,  for  the  matter  was  after- 
wards brought  before  the  Territorial  Deputation  of  Upper  California, 
who,  on  the  22d  of  September,  approved  that  the  "  Ayuntamiento  of 
that  PUEBLO  "  might  make  such  grants,  and  Governor  Castro  in  his 
order  of  October  27th,  1835,  directs  the  Alcalde  of  San  Francisco  to 
make  the  decision  of  the  Territorial  Deputation  known  to  "  the  inhab- 
itants of  that  PUEBLO."  See  ADDENDA,  No.  XXVI,  page  42.  From 
this  document  last  cited,  three  things  are  evident : 

FIRST  :  That  in  September,  1835,  the  Territorial  Legislature  of  Up- 
per California  were  of  opinion  that  there  was  a  "  PUEBLO  of  San 
Francisco,"  and  an  "AYUNTAMIENTO  OF  THAT  PUEBLO,"  which,  con- 
sequently, was  not  the  Ayuntamiento  originally  established  for  the 
PARTIDO. 

SECONDLY  :  That  in  October,  1835,  Governor  Castro  was  of  the 
same  opinion. 

THIRDLY:  That  in  1835,  the  "AYUNTAMIENTO  OF  THE  PUEBLO  OF 
SAN  FRANCISCO"  HAD  THE  POWER  TO  GRANT  LANDS  FOR  BUILDING 
LOTS. 

THE  LAST  PROPOSITION  ABOVE  STATED  is  DECISIVE  OF  THE  QUES- 
TION. 

§  84.  For,  if  the  Ayuntamiento  of  the  Pueblo  of  San  Francisco 
had  the  power  to  grant  lands,  IT  COULD  BE  ONLY  BECAUSE  SUCH 

LANDS  BELONGED  TO  THAT  PUEBLO. 

I  have  before  shown  that  the  law  passed  by  the  Cortes  of  Spain,  on 
January  4th,  1813,  directing  all  the  lands  and  other  property  of  the 
PUEBLOS  to  be  sold  or  granted  in  private  ownership,  was  held  by  the 
Mexican  jurisconsults  to  have  survived  the  Mexican  Revolution  of 
1821.  See  §  52  of  this  argument.  Also,  Leyes  Vigentes,  Preface, 
pages  i  to.  iv.  Also,  ADDENDA,  No.  XI,  page  20.  But  in  the  re- 
cent case  of  the  United  States  vs.  Vallejo,  1  Black,  St.  S.  S.  C.  Re- 
ports, page  541,  decided  in  1862,  the  Supreme  Court  of  the  United 
States  decided  that  this  enactment  by  the  Cortes  of  Spain,  in  1813,  so 
far  forth  as  the  Crown  Lands  [or  public  lands],  was  repealed  by  the  Col- 
onization Laws  of  Mexico,  enacted  in  1824  and  1828.  See  §  81  of  this 
argument.  See  these  laws  of  Colonization,  ADDENDA,  No.  XII,  page 
23,  Id.  No.  XIV,  page  25.  But  as  these  laws  of  Colonization  thus 
repealed  all  former  laws  relating  to  public  lands ;  and  as  by  their  terms 
these  public  lands  could  be  granted  only  by  the  Governor,  who  had  no 
power  to  delegate  this  authority,  Law  of  1824,  ADDENDA,  No.  XIV, 
page  25,  §§  1,  2,  3,  4 ;  and  as  lands  belonging  to  private  persons,  corpo- 
rations or  PUEBLOS  were  excepted  from  the  provisions  of  these  Colo- 
nization laws,  Law  of  1824,  ADDENDA,  No.  XII,  page  23,  §  2  ;  and  as 
the  Ayuntamiento  of  San  Francisco  had  the  power  to  grant  these 


ONLY  BECAUSE  THEY  BELONGED   TO   THE  PUEBLO.  59 

lands,  see  preceding  §  83  ;  it  therefore  follows :  that  the  Pueblo  of  San 
Francisco,  not  being  a  private  person,  but  still  owning  lands  not  subject 
to  the  Colonization  Laws,  and  which  it  had  the  power  to  grant,  was 
either  "  a  corporation  or  a  PUEBLO,"  §  2  above :  in  other  words,  was  an 
organized  PUEBLO,  and,  as  such,  was  a  CORPORATION,  or,  at  least,  a 
quasi  CORPORATION.  The  established  fact  that  the  Ayuntamiento  of 
the  Pueblo  of  San  Francisco  could  thus  grant  lands,  becomes  decisive 
of  the  ownership  of  lands  by  that  Pueblo.  And  this  also  shows  that 
whereas  the  lands  belonging  to  Pueblos  were  excepted  from  the  opera- 
tion of  the  Colonization  Law  of  1824,  see  ADDENDA,  No.  XII,  page 
23,  §  2,  that  law  survived  as  to  the  lands  owned  by  such  Pueblos,  and 
consequently  the  source  of  the  power  of  Ayuntamientos  of  Pueblos  to 
grant  such  lands  is  to  be  found  in  that  act  of  the  Cortes  of  Jan.  4, 1813, 
which  expressly  gives  it  to  them.  See  the  act  of  the  Cortes,  ADDEN- 
DA, No.  XI,  page  22,  §§  15  to  17  inclusive.  So  that  Governor  Castro 
and  the  Departmental  Legislature  proved  themselves  better  lawyers  in 
this  point  than  Governor  Figueroa,  See  ante  §  83. 

§  85.  It  thus  appears  that  the  Ayuntamiento  of  San  Francisco  had 
the  power  to  grant  solares  to  the  vecinos  of  the  Pueblo.  By  what  right  ? 
Not  from  the  colonization  law,  for  this  gave  no  such  right  to  towns ; 
nor  was  any  power  of  granting  lands  under  that  law  capable  of  being 
delegated  by  the  Governor  or  Departmental  Junta  to  an  Ayuntami- 
ento, and  yet  the  power  was  by  the  Governor  and  Departmental  Junta 
declared  to  exist  in  the  Ayuntamientos  of  the  Pueblos,  and  was 
exercised  by  them  for  years  without  question,  in  face  of  the  coloni- 
zation laws  of  1828.  The  right,  then,  was  superior  to  the  colonization 
laws,  and  anterior  to  them ;  founded  on  the  laws  of  Old  Spain,  and 
therefore  expressly  excepted  from  the  operation  of  the  colonization 
laws.  In  the  decree  of  August  18,  1824,  respecting  colonization,  1 
Rockwell,  451,  ADDENDA,  No.  XII,  page  23,  Sec.  2,  it  is  declared : 
"  The  objects  of  this  law  are  those  national  lands  which  are  neither 
"  private  property  nor  belong  to  any  corporation  or  pueblo,  and  can, 
"  therefore,  be  colonized."  The  Pueblos,  therefore,  by  their  constituted 
agents,  the  Ayuntamientos,  had  an  original  power  to  make  grants  of 
these  lands ;  and  the  validity  of  an  execution  of  this  power  was  not 
in  any  degree  impaired  by  the  fact  that  the  Governor,  representing  the 
Sovereign  as  the  supreme  visitor  of  all  corporations,  could  also  make  a 
beneficial  disposition  of  such  of  these  lands  as  had  not  been  granted 
by  the  Pueblo,  by  conceding  them  to  vecinos  of  the  Pueblo. 

1835-1836. 

SURVEY  OF  THE  BURI-BURI  RANCHO. 

§  86.  In  1835  a  grant  was  made  to  Don  Jose  Sanchez,  of  the 
Rancho  Buri-Buri,  see  Jones's  list,  No.  20,  and  juridical  possession 
was  to  be  given  to  him.  See  the  accompanying  map :  "  BuRi-BuRi." 
This  matter  was  intrusted  to  De  Haro,  who  was  Judge  of  First 
Instance  in  San  Francisco.  The  Pueblo  of  San  Francisco  was  thus 
represented  in  the  person  of  its  first  officer.  He  therefore  gave  notice 


60      SURVEY  OF  THE  BURI-BURI  RANCHO,  A.  D.  1836. 

to  the  Mayordomo  of  the  Mission  of  Dolores,  to  appoint  his  surveyor,  / 
and  appear  in  court  for  the  purpose  of  making  the  survey  and  finishing 
the  proceeding.  See  ADDENDA,  No.  XXVII,  page  43.  The  survey 
appears  to  have  been  had,  and  to  have  been  wrong,  as  interfering  with 
the  private  rights  of  certain  Indians  to  whom  tracts  of  land  had  been 
previously  granted  in  private  ownership ;  for  which  reason  the  then 
Governor,  Gutierrez,  ordered  a  new  survey.  See  ADDENDA,  No. 
XXXII.  It  has  been  attempted  from  these  proceedings  to  draw  the 
conclusion  that  the  Mayordomo  of  the  Mission  of  Dolores  [de  San 
Francisco]  having  been  summoned  to  take  part  in  these  proceedings  as 
the  only  coterminous  neighbor  (unico  colindante)  of  the  grantee  of  the 
Rancho  of  Buri-Buri,  therefore  the  Pueblo  of  San  Francisco  could 
have  no  ownership  or  interest  in  the  lands.  But  in  reply  it  is  to  be 
remarked : 

First.  That  by  the  previous  laws  the  Catholic  Missions  in  Cali- 
fornia, although  not  recognized  as  the  owners  of  lands,  were  recognized 
as  possessing  an  easement  or  servitude  in  the  lands  actually  occupied 
by  them,  until  that  easement  or  servitude  should  be  terminated  by 
some  legal  official  act.  Ante  §  26. 

SECONDLY:  That  by  §  17  of  the  Regulations  of  colonization  of 
1828,  the  lands  occupied  by  the  Missions  could  not  be  granted  in  colo- 
nization until  some  proceeding  in  the  nature  of  an  inquest  of  office  had 
been  had  in  regard  to  them.  See  the  Law,  ADDENDA,  No.  XIV,  page 
26,  §  17.  How,  then,  could  lands  adjoining  a  mission  be  granted 
without  summoning  the  officer  representing  the  Mission  as  the  only 
coterminous  neighbor  in  possession?  In  our  Anglo-American  law, 
when  a  railroad  or  other  corporation  wishes  to  condemn  lands,  is  a 
tenant  in  possession  of  the  lands  to  be  regarded  at  all,  or  is  he  entitled 
to  be  summoned  and  heard  ?  But  in  the  case  in  hand  we  see  that 
the  Pueblo  of  San  Francisco  was  represented  by  the  very  officer  who 
was  to  superintend  the  proceedings,  and  that  the  Mayordomo  of  the 
Mission,  representing  only  an  easement  or  servitude,  was  duly  sum- 
moned. 

THIRDLY  :  That  on  consulting  the  maps  it  is  doubtful  whether  any 
of  the  lands  in  question  were  within  the  four  leagues  of  the  PUEBLO, 
but  its  authorities  were  notified,  as  the  lands  might  be  within  those  four 
leagues. 

A.  D.  1836. 

THE  AYUNTAMIENTO  OF  THE  PUEBLO  OF  SAN  FRANCISCO  GRANT 
BUILDING  LOTS  TO  RICHARDSON  AND  OTHERS. 

§  87.  The  Territorial  Legislature  having  decided  that  the  Ayun- 
tamiento  of  the  Pueblo  of  San  Francisco  had  the  power  to  make 
grants  of  building  lots,  (see  ante,  §  83,  ADDENDA,  No.  XXVI,  page 
43,)  that  Ayuntamiento  immediately  began  to  exercise  this  right. 
Among  other  grants  was  one  made  to  William  Richardson,  bearing 
date  June  1st,  1836,  which  is  printed  in  full  in  the  ADDENDA,  No. 
XXIV.  Other  grants  of  the  same  kind  are  in  evidence  in  the  case, 
but  this  will  serve  as  a  sufficient  specimen  of  the  whole.  From  this 


GRANT  OF  THE  RANCHO  SAN  PEDRO,  A.  D.  1836.      61 

one  it  appears  not  only  that  the  Ayuntamiento  exercised  this  right  of 
granting  lands,  but  *hat  it  considered  and  styled  itself  a  "  corporation." 

DE  HARO'S  ESPEDIENTE  FOR  THE  RANCHO  SAN  PEDRO. 

§  88.  The  next  espediente  in  order  of  date,  of  a  grant  of  sitios 
near  the  Pueblo  lands,  is  that  of  Francisco  De  Haro  for  the  Rancho 
San  Pedro,  (see  "  SAN  PEDRO  "  on  the  accompanying  map  of  the 
petition,)  being  dated  at  the  port  of  San  Francisco,  Nov.  22d,  1835, 
and  the  grant  made  on  March  14,  1836.  Exhibit  Hopkins,  S.  AD- 
DENDA, No.  XXXI,  page  48.  De  Haro  states  that  the  land  has  for- 
merly been  occupied  "  by  the  Indians  of  the  Pueblo  of  Dolores,"  but 
is  not  now  occupied  by  them.  Perhaps  he  thought  that  the  secular- 
ization of  the  Mission  had  converted  it  at  once  into  an  Indian  Pueblo. 
But  the  Governor  did  not  think  so,  for  in  his  informe  dated  Feb.  26, 
1836,  he  directs  "  the  Administrator  of  the  Ex-Mission  of  San  Fran- 
"  cisco  de  Asis  to  report  upon  the  petition,"  and  Flores,  the  Adminis- 
trator, reporting  upon  it  on  March  9th,  1836,  styles  it  the  Ex-Mission, 
(esta  Ex-Mision,)  and  says  that  the  lands  are  more  than  four  leagues 
distant  from  it ;  but  he  states  that,  in  his  opinion,  the  tract  "  should 
"remain  to  this  '  COMMUNITY,'  when  it  shall  be  erected  into  a  Pueblo; 
"  (Pero  con  motivo  de  no  estar  senalados  les  ejidos  6  proprios  que  me 
"parece  deben  quedar  h  este  cuando  se  erije  en  Pueblo.")  In  fact  the 
Mexican  Government,  by  a  decree  of  November  7th,  1835,  had  sus- 
pended for  the  time  being  the  further  execution  of  the  secularization 
laws,  so  that  no  Indian  Pueblos  could  for  the  present  be  formed,  and 
doubtless  both  the  Governor  and  Administrator  knew  that  fact.  See 
the  decree,  1  Rockwell,  462.  Halleck's  Report,  Appendix,  No.  16. 
Jones'  Rep.,  63.  ADDENDA,  No.  XXVIII,  page  48.  From  this  last 
expediente  also  it  is  apparent : 

FIRST  :  That  although  there  was  a  PUEBLO  OF  SAN  FRANCISCO, 
with  an  Ayuntamiento,  Alcaldes  and  Rejidores,  (§§  72  to  77,)  there 
was  no  PUEBLO  at  the  Mission  of  Dolores,  which  still  lived  only  in 
the  expectation  of  being  erected  into  an  Indian  Pueblo  at  some  future 
time. 

SECONDLY  :  That  this  Indian  Pueblo  HOPED  to  have  ejidos  assigned 
to  it  at  a  place  called  San  Pedro,  which  was  four  leagues  from  the 
Mission  of  Dolores,  and  consequently  nearly  five  leagues  from  the 
PUEBLO  of  San  Francisco,  and  therefore  far  beyond  the  lands  claimed 
by  it. 

THIRDLY  :  That  the  reason  why  the  municipal  authorities  of  the 
Pueblo  of  San  Francisco  were  not  consulted  upon  this  espediente  was, 
because  the  lands  were  far  beyond  the  limits  of  its  own  property,  that 
is  to  say,  beyond  the  limits  of  the  four  square  leagues  belonging  to  the 
PUEBLO  of  San  Francisco. 

FOURTHLY.  That  this  espediente  fully  justifies  the  definition  I  have 
given  of  the  word  PUEBLO  in  §  9  of  this  argument:  that  is,  in  a 
general  sense,  a  hamlet,  a  village  or  any  other  settlement ;  but  in  an 
exalted  and  specific  sense,  an  organized  town, — a  body  politic  and  cor- 


62  THE  AYUNTAMIENTO   SUSPENDED,  A.  D.  1839. 

porate.  Here,  in  this  same  expediente  we  find  the  petitioner  styling 
the  Mission  of  Dolores  the  PUEBLO  of  Dolores,  and  the  administrator 
of  the  Mission  declining  to  recommend  the  prayer  of  the  petition, 
because  the  Indians  who  then  lived  in  COMMUNITY,  (see  §  17  of  this 
argument,)  hoped  thereafter  to  become  a  Pueblo,  or  as  the  Spanish  has 
it  "  to  be  erected  into  a  Pueblo."  How,  then,  is  this  to  be  explained  ? 
Dolores  a  PUEBLO,  and  still  expecting  to  be  erected  into  a  PUEBLO  ? 
The  explanation  is  simple :  the  Mission  of  Dolores  was  a  PUEBLO  in 
the  generic  sense  of  hamlet,  village  or  settlement :  it  hoped  to  be  erected 
into  a  PUEBLO  an  organized  town,  or  PUEBLO  politic  and  corporate. 
See  §  9  of  this  argument.  That  the  Mission  of  Dolores  had  not 
been  erected  into  an  organized  PUEBLO,  politic  and  corporate  as  late 
as  April  8th,  1844,  will  appear  hereafter  in  §  114  of  this  argument; 
that  it  was  never  erected  into  such  a  PUEBLO  will  appear  in  §  118  of 
this  argument. 

A.  D.  1838. 

SUSPENSION    OF  THE   AYUNTAMIENTO    OF  SAN  FRANCISCO  :   JUS- 
TICES OF  THE  PEACE  SUCCEED  THE  AYUNTAMIENTO. 

§  89.  How  long  did  this  Ayuntamiento  continue  ?  We  find  evi- 
dence of  its  existence  down  to  the  year  1838,  as  above  referred  to,  in 
Exhibit  No.  9,  annexed  to  the  deposition  of  M.  G.  Vallejo.  We  find 
in  Exhibit  No.  1,  and  duplicated  M,  annexed  to  the  deposition  of  R. 
C.  Hopkins,  under  date  of  December,  1835,  and  January,  1836,  men- 
tion made  of  Joaquin  Castro,  who  was  then  Regidor,  and  also,  in  Janu- 
ary and  July,  1836,  of  Gregorio  Briones  and  Jose  de  la  Cruz  Sanchez, 
who  were  then  Regidores;  and  in  December,  1837,  of  the  then  Sindico, 
Bias  Angelino.  But  it  is  probable  that  the  Ayuntamiento  elected  in 
January,  1838,  ut  supra,  was  the  last  Ayuntamiento  of  the  Pueblo. 
We  have  already  adverted  to  the  fact  stated  in  the  Decreto  de  23  de 
Mayo  de.  1812 — Leyes  Vigentes,  p.  28,  Art.  II,  ante  §  47,  ADDENDA, 
No.  X,  page  19,  Art.  II — that  Pueblos  might  lose  their  Ayuntamientos 
by  diminution  of  their  population.  We  find  in  the  Message  of  the 
Governor  to  the  Departmental  Junta,  delivered  on  February  16th, 
1840,  the  following  passage  :  "  There  is  no  Ayuntamiento  whatever 
"  in  the  Department,  for  there  being  no  competent  number  of  inhabit- 
"  ants  in  any  of  the  towns,  as  provided  by  the  Constitution,  those  then 
"  existing  had  to  be  dissolved ;  and  only  in  the  capital  there  ought  to 
"  be  one  of  such  bodies."  Document  D.P.L.  in  the  case.  See  AD- 
DENDA, No.  L,  page  70,  title  Ayuntamientos.  It  is  thus  evident  that 
between  the  election  of  the  Ayuntamiento  of  the  Pueblo  in  January, 
1838,  and  February,  1840,  that  body  had  ceased  to  exist,  because  its 
electoral  basis  of  population  required  a  numerical  figure  higher  than 
that  represented  by  the  actual  population. 

WHY  THE  AYUNTAMIENTO  CEASED  TO  EXIST. 

§  90.  The  reason  of  this  failure  of  the  requisite  basis  of  popula- 
tion was  two  fold.  For  by  the  Mexican  Constitution  of  1836,  the 


WHY   THE   AYUNTAMIENTO   CEASED   TO   EXIST.  63 

population  requisite  to  sustain  an  Ayuntamiento  was  raised  to  four 
thousand  in  sea  ports,  and  to  eight  thousand  in  other  Pueblos,  and  in 
those  Pueblos  not  thus  qualified  in  point  of  population,  Justices  of  the 
Peace  were  to  be  appointed  with  the  powers  of  Ayuntaraientos.  Sixth 
Constitutional  Law  of  1836.  ADDENDA,  No.  LXIX,  page  100,  Art. 
22.  De  Mofras  states,  Vol.  1,  page  222,  that  official  despatches  were 
often  a  year  in  the  passage  between  California  and  Mexico.  Governor 
Alvarado  in  a  proclamation  dated  January  17th,  1839,  states  that  he 
has  just  received  in  the  last  mail  a  Law  of  Elections  passed  on  Novem- 
ber 30th,  1836  from  the  -Supreme  Government  to  be  put  in  force  in 
California.  Exhibit  No.  10,  to  testimony  of  Vallejo.  ADDENDA,  No. 
XXXVIII,  page  57.  Meanwhile  the  primary  and  secondary  elections 
for  the  Ayuntamiento  of  1838  had  taken  place.  Exhibits  8  and  9  to 
Vallejo's  deposition.  ADDENDA,  No.  XXV,  page  53.  This  was  the 
last  Ayuntamiento  of  the  PUEBLO  under  the  Mexican  dominion. 

SCATTERING  OF  THE  POPULATION. 

§  91.  It  is  easy  to  indicate  the  causes  of  an  actual  diminution  of 
population  in  the  Pueblos.  The  first  law  for  the  secularization  of  the 
Missions  was  passed  in  1833.  These  laws,  whose  ostensible  purpose 
was  to  covert  the  Missionary  establishments  into  Indian  Pueblos,  their 
churches  into  parish  churches,  and  to  elevate  the  christianized  Indians 
to  the  rank  of  citizens,  were,  after  all,  executed  in  such  a  manner 
that  the  so-called  secularization  of  the  Missions  resulted  only  in  their 
plunder  and  complete  ruin,  and  in  the  demoralization  and  dispersion 
of  the  christianized  Indians.  So  complete  was  this  ruin  that  the  num- 
ber of  Mission  Indians  which  was  30,650  in  1834,  had  diminished  to 
4,450  in  1842;  and  the  number  of  horses,  mules,  cattle  and  sheep 
which  was  808,000  in  1834,  had  sunk  to  63,020  in  1842.  See  the 
Statistical  Tables,  1  De  Mofras,  320  ;  and  ADDENDA,  No.  LXVII, 
page  97.  Only  a  single  grant  of  land  was  made  under  the  colonization 
laws  before  the  year  1833,  but  with  that  new  era  of  secularization  and 
plunder  commenced  the  granting  to  private  persons,  under  the  coloni- 
zation laws,  of  lands  which  were  afterwards  stocked  with  horses,  cattle 
and  sheep  from  the  spoils  of  the  Missions.  During  the  period  above 
indicated  from  1833  to  1842,  inclusive,  more  than  three  hundred  grants 
were  rn^de  in  colonization,  as  appears  from  the  espedientes  preserved  in 
the  archives.  See  the  list  in  Wm.  Carey  Jones's  Report.  The  grantees 
of  these  lands  became  for  the  greater  part  rancheros  upon  the  domains 
thus  conceded  to  them,  and  this  immense  drain  upon  the  population  of 
the  Pueblos,  in  a  department  whose  whole  white  population  did  not 
exceed  5,000  as  late  as  the  year  1842  (1  De  Mofras,  318,  319,)  must 
have  greatly  weakened  all  the  PUEBLOS,  while  it  certainly  nearly 
depopulated  Branciforte,  and  perhaps  others.  The  process  of  the 
"  scattering  of  the  inhabitants  from  the  fact  that  each  one  has  his 
"  agricultural  and  stock  interests  at  a  great  distance  from  this  place," 
(San  Francisco)  is  described  in  so  many  words  by  De  Haro,  Alcalde 
in  1839  in  Exhibit  Hopkins  K,  ADDENDA,  No.  XLI,  page  61. 


64  THE  PUEBLO   OF   SAN  FRANCISCO   STILL  EXISTED. 


THE  PUEBLO  OF  SAN  FRANCISCO  STILL  EXISTED. 

§  92.  But  the  Pueblo  did  not  therefore  cease  to  be  a  PUEBLO — 
did  not  lose  its  political  or  quasi-corporate  character.  The  only  result 
was  that  under  a  law  of  March  20,  1837,  which  is  recited  in  the  pro- 
clamation of  Micheltorena  of  November  14th,  1843,  Exhibit  11  to 
Vallejo's  Deposition,  ADDENDA,  No.  LVII,  page  84,  the  government 
of  the  PUEBLO  fell  into  the  hands  of  the  Justices  of  the  Peace,  who 
formed  a  Municipal  Junta  for  that  purpose.  See  ante  §  90  and  Con- 
stitutional Law  of  Mexico  of  1836.  ADDENDA,  No.  LXIX,  page 
100,  Arts.  22,  29,  etc.  But  the  Ayuntamiento  itself  was  not  abolished. 
It  was  only  suspended.  The  moment  that  the  population  should 
reach  the  requisite  number  of  4,000,  the  Pueblo  would  again  be 
entitled  to  its  Ayuntamiento.  Const.  1836.  ADDENDA,  No.  LXIX, 
Art.  22,  page  100.  Accordingly  we  shall  find  that  when  the  Pueblo 
of  San  Francisco,  after  the  American  conquest  of  California,  attained 
the  requisite  population,  it  again  elected  its  Ayuntamiento,  not  under 
any  provision  of  the  laws  of  the  conquerors,  but  under  these  very  pro- 
visions in  the  Mexican  Constitution  of  1836,  under  which  the  Ayunta- 
miento of  the  Pueblo  was  suspended  in  1839.  See  ADDENDA,  No. 
LXXV,  page  108,  and  No.  LXXVII,  page  111. 

A.  D.  1839.    JANUARY  AND  MARCH. 
ALVARADO'S  REGULATIONS  RESPECTING  MISSIONS. 

§  93.  In  January,  1839,  Governor  Alvarado  promulgated  certain 
regulations  respecting  Missions.  See  ADDENDA,  No.  XXXVII,  page 
55.  This  document  is  of  importance  only  because  it  shows  that  hitherto 
the  secularization  of  the  Missions  had  not  taken  effect,  but  had  only 
been  attempted,  and  that  the  Missions,  including  Dolores,  had  not  yet 
been  converted  into  Indian  Pueblos,  but  that  the  Indians  were  still 
living  in  them  in  COMMUNITY.  See  ante  §  17.  These  regulations 
were  followed  by  others  promulgated  in  March  of  the  same  year,  which 
have  the  same,  but  no  further  importance  in  the  case.  See  ADDENDA, 
No.  XXXIX,  page  57.  It  will  be  observed  that  all  these  regulations 
contemplate  the  secularization  of  the  Missibns  as  a  thing  still  to  be 
accomplished,  whereas  I  have  shown  that  the  PUEBLO  OP  SAN  FRAN- 
CISCO was  already  in  existence.  Ante  §§  74  to  78.  The  effect  of 
these  regulations  was  to  complete  the  ruin  of  the  Missions. 

1839.   FEBRUARY. 
No  JAIL  IN  SAN  FRANCISCO. 

§  94.  The  causes  which  had  weakened  the  Pueblo  of  San  Fran- 
cisco, as  before  related,  had  been  so  [effective  that  in  February,  1839, 
Jose  Antonio  Galindo,  who,  in  his  expediente  of  1835,  for  the  Laguna 
de  Merced,  see  ADDENDA,  No.  XXV,  page  39,  is  described  by  Justice 
De  Haro  as  "  an  honest  man,"  seems  now  to  have  lapsed  into  the  posi- 
tion of  a  criminal,  and  the  same  Justice  De  Haro  reports  to  the  Gov- 


MUNICIPAL   ORDINANCES   OF   THE   PUEBLO,   A.  D.  1839.         65 

ernor  that  the  population  having  become  rancheros,  there  are  few  re- 
maining at  San  Francisco  to  guard  him,  and  as  there  is  no  jail,  the  jus- 
tice asks  that  Galindo  be  sent  to  San  Jose"  for  security.  See  ADDEN- 
DA, No.  XLI,  page  61.  This  document  is  curious,  but  not  important. 
It  illustrates  the  primitive  simplicity  of  the  golden  age  in  Upper  Cali- 
fornia, in  which  the  cause  came  always  before  the  effect,  and  no  neces- 
sity was  found  for  jails,  until  criminals  existed  to  be  restrained  of  their 
liberty.  Happy  was  San  Francisco,  to  whom  the  "  fact "  criminal  had  not 
yet  suggested  the  word  ** jail :"  less  happy,  but  more  wise  San  Jose, 
whose  experience  had  already  advanced  to  the  word  and  fact  of 
"prison." 

A.  D.  1839. 
CONSTITUTIONAL  ELECTIONS  FOR  1839-1840. 

§  95.  By  a  law  promulgated  November  30th,  1836,  under  the  Mex- 
ican Constitution  of  that  year,  definite  rules  were  established  for  the 
election  of  deputies  to  the  General  Congress,  and  of  members  to  the ' 
Juntas  of  the  Departments,  [or  Departmental  Legislatures.]  The 
terms  of  this  law  are  of  no  importance  to  the  present  discussion  ;  the 
law  provided  for  a  Primary  election  of  Electors,  and  a  Secondary  elec- 
tion, in  which  the  Electors  were  to  choose  the  Deputies  to  Congress 
and  tluj  members  of  the  Departmental  Junta.  See  the  law  at  large : 
"  Bases  y  Leyes  Constitucionales  de  la  Republica  Mejicana,  decretadas 
"por  el  Congreso  General  de  la  Nacion  en  el  ano  de  1836.  Mejico, 
,"imprenta  del  Aguila,  dirigida  por  Jose  Ximeno,  1837,"  page  106,  etc. 
Elections  were  ordered  under  this  law  in  California  by  Governor 
Alvarado,  by  a  proclamation  dated  January  17,  1839.  See  this  procla- 
mation in  the  ADDENDA,  No.  XXXVIII,  page  57. 

From  this  document  it  appears : 

FIRST  :  That  this  law,  which  had  been  in  force  more  than  two  years, 
had  been  received  by  the  Governor  of  California  by  the  "  last  mail " 
only. 

SECONDLY:  That  San  Francisco  is  by  it  classed  as  a  PUEBLO  with 
San  Jose,  Los  Angeles,  the  Villa  of  Branciforte  etc.,  which  were  unde- 
niably fully  organized  Pueblos,  bodies  politic  and  corporate. 

THIRDLY  :  That  the  Port  of  San  Francisco  was  recognized  as  the 
capital  [cabecera]  of  the  Northern  Partido. 

1839.     MAY  20. 

GUERRERO,  JUSTICE  OF  THE  PEACE,  PROMULGATES  CERTAIN  OR- 
DINANCES FOR  THE  GOVERNMENT  OF  THE  PUEBLO  OF  SAN  FRAN- 
CISCO. 

§96.  On  May  20th,  1839,  Francisco  Guerrero,  "  Justice  of  the 
Peace  of  this  section  of  San  Francisco,"  publishes  certain  municipal  reg- 
ulations for  the  "  Pueblo  under  his  charge."  See  ADDENDA,  No. 
XLIII,  page  62.  The  "  section  "  was  doubtless  the  district  comprised 
within  the  limits  to  which  the  jurisdiction  of  the  Judge  of  the  Pueblo 
extended,  otherwise  called  the  "termino  Jurisdicional,"  ante  §  9, 
5 


66     JUSTICES   OF  THE  PEACE   OF  THE  PUEBLO   OF   SAN  FRANCISCO 

ADDENDA,  No.  XXXIII,  page  51.  Guerrero  promulgates  these  ordi- 
nances "in  conformity  with  Article  29th  of  the  law  of  November  30th, 
1836."  This  is  the  law  above  cited,  §  90,  contained  in  the  ADDENDA, 
No.  LXIX,  page  100,  adopted  Dec.  29th,  1836,  and  published  Decem- 
ber 30,  1836,  wrongly  cited  by  Guerrero  as  November,  and  the  article 
cited  by  him  is  that  which  gave  him  as  Justice  of  the  Peace,  the  pow- 
ers of  an  Ayuntamiento  of  the  Pueblo  in  respect  to  police.  The  ordi- 
nances are  declared  to  be  for  the  "order  and  good  management  of  the 
Pueblo."  Preamble.  The  Pueblo  had  its  demarcation.  §  7th.  The 
proclamation  was  given  in  "  the  Pueblo  of  San  Francisco."  And  yet 
it  is  contended  that  there  was  no  organized  political  or  quasi  corpo- 
rate Pueblo  of  San  Francisco ! 

A.  D.  1839. 

ESPEDIENTE  OF  I/EESE  FOR  THE  RANCHO  LA  VlSlTACION. 

^  §  97.  The  espediente  of  Jacob  P.  Leese  for  the  Rancho  La  Visi- 
tacion,  Exhibit  V  to  deposition  of  R.  C.  Hopkins,  began  in  November, 
1839,  and  concluded  in  July,  1841,  is  of  little  value,  except  as  showing 
how  completely  the  Mission  of  San  Francisco  had  passed  out  of  exist- 
ence as  a  living  organization.  It  is  mentioned  only  once  in  the  espedi- 
ente, and  then  only  as  a  locality,  while  the  Justice  of  the  Peace  of  the 
Port  of  San  Francisco  is  the  officer  who  executes  the  informe.  These 
lands  are  those  marked  in  the  lower  right  hand  portion  of  the  accom- 
panying map  as  "LA  VISITACION."  See  ADDENDA,  No.  XL VII, 
page  67.  , 

1839.     NOVEMBERS. 

BUILDING  LOTS  ARE  GRANTED  TO  SETTLERS  AT  THE  ESTABLISH- 
MENT OF  THE  MISSION  OF   DOLORES. 

§  98,  On  April  20th,  1839,  De  Haro,  Justice  of  the  Peace,  repre- 
sents to  the  Governor  that  a  house-lot  [solar]  had  been  petitioned  for 
by  one  Gomez.  See  the  document,  ADDENDA,  No.  XLII,  page  61. 
He  dates  from  the  Establishment  of  Dolores ;  while  he  calls  it  an  Ex- 
Mission,  he  pleads  that  it  has  "  a  character  of  Pueblo  "  because  it  had 
been  named  the  head  of  the  Partido.  From  this  document  it  is  evi- 
dent that  the  Indian  village  at  Dolores  was  not  that  PUEBLO  OF  SAN 
FRANCISCO  which  we  have  seen  had  already  been  in  existence  for 
four  years.  Who  ever  heard  of  a  PUEBLO,  recognized  and  existing 
with  its  Ayuntamiento,  pleading  for  a  character  of  Pueblo  ?  Who  ever 
dreamed  of  a  PUEBLO  existing  for  four  years  in  which  not  a  single 
house-lot  had  ever  been  granted  ?  That  building  lots  were  granted 
in  Dolores,  appears  from  the  ADDENDA,  No.  LXXVIII,  page  113. 

§  99.  This  communication  seems,  however,  to  have  been  without 
effect,  for  on  July  15th,  1839,  Guerrero,  Justice  of  the  Peace  of  San 
Francisco,  writes  to  the  Prefect.  Castro,  stating  that  some  residents  of  the 
MUNICIPALITY  of  San  Francisco,  wished  to  settle  themselves  in  the 
ESTABLISHMENT  of  Dolores,  and  asked  to  have  house-lots  granted  to 
them.  Guerrero  was  a  native  of  Tepic,  a  laborer  by  occupation,  and 


GRANT  PUEBLO  LANDS,  FROM  A.  D.  1839  TO  1846.     67 

in  1839,  twenty-eight  years  of  age.  ADDENDA,  No.  LV,  page  79. 
His  official  documents  are  unique,  full  of  new  idioms,  newly  conceived 
words,  and  replete  with  involved  sentences  and  confused  ideas.  In 
the  above  cited  communication  to  the  Prefect,  see  ADDENDA,  No. 
XLIV,  page  63,  Guerrero,  discharging  the  office  of  Justice  of  the 
Peace  at  San  Francisco,  and  going  home  at  night  to  his  house  at  Do- 
lores, I  De  Mofras,  426,  427,  where  he  wrote  his  communication  as 
it  seems,  knowing  that  he  was  writing  in  behalf  tf  the  PUEBLO  of  San 
Francisco,  and  still  being  conscious  that  he  was  at  the  Mission,  appa- 
rently confounds  "  the  MUNICIPALITY  of  San  Francisco  "  with  "  the 
ESTABLISHMENT  of  Dolores."  But  the  Prefect,  Castro,  forwarding 
this  request  to  the  Governor,  under  date  of  Nov.  25,  1839,  while  he 
adopts  the  plan  of  Guerrero's  communication,  carefully  removes  all 
confusion  and  obscurity.  See  the  Prefect's  letter,  ADDENDA,  No. 
XL VIII,  page  68.  "  The  residents  of  the  MUNICIPALITY  of  San 
"  Francisco  have  made  various  verbal  representations  through  the 
;' Justice  of  the  Peace,  to  the  end  that  through  this  Prefectura,  they 
"may  receive  the  necessary  license  to  establish  themselves  in  the 
"  ESTABLISHMENT  of  Dolores,  where  they  wish  to  form  a  settlement." 
*  *  *  "All  are  now  dispersed."  The  Governor  grants  the  Justice 
the  power  to  concede  building-lots  at  the  Establishment  of  Dolores, 
under  several  conditions,  one  of  which  is  that  they  shall  not  "disturb 
the  Indians  so  long  as  the  COMMUNITY  exists."  2b. 

From  these  documents  it  is  evident : 

FIRST  :  That  the  MUNICIPALITY  of  San  Francisco  was  perfectly 
distinct  from  the  Establishment  of  Dolores. 

SECONDLY  :  That  although  house-lots  had  been  granted  for  years  in 
the  PUEBLO  of  San  Francisco,  ante  §  83,  ADDENDA,  No.  XXVI,  page 
42 ;  XXXIV,  page  53 ;  yet  that  down  to  November  3d,  1839,  no 
building-lots  had  been  granted  at  the  ESTABLISHMENT  of  Dolores. 

THIRDLY  :  That  most  of  the  neophytes  of  the  Mission  were  dispersed, 
for  the  phrase  "  all  are  now  dispersed,"  can  be  applied  only  to  them, 
and  not  to  the  residents  of  San  Francisco,  who  wished  to  establish 
themselves  at  the  Ex-Mission. 

FOURTHLY  :  That  Dolores  had  not  yet  been  converted  into  an  IN- 
DIAN PUEBLO,  for  the  few  Indians  there  were  living  "  in  community," 
and  it  was  intended  to  transfer  them  to  San  Mateo.  See  COMUNIDAD, 
ante  §  17.  ADDENDA,  No.  XL VIII,  page  69,  Governor's  order,  §  2. 

A.  D.  1839,  ETC. 
OTHER  GRANTS  OF  PUEBLO  LANDS. 

§  100.  Various  other  grants  of  lands  within  the  PUEBLO  of  San 
Francisco  appear  in  the  testimony,  made  by  Justices  of  the  Peace  and 
others.*  These  grants  I  regard  as  of  but  little  importance  in  the  case. 
We  have  already  established,  ante  §  83,  that  the  lands  in  the  imme- 

*  A  list  .of  these  grants,  supposed  to  be  perfect,  will  be  found  in  the  ADDENDA,  No. 
LXXVIII,  pages  113  and  114,  but  whether  complete  or  not  matters  little  to  the  prin- 
ciple of  our  argument.  There  were  also  Alcaldes  in  San  Francisco  for  a  time  under  a 
law  of  March  20th,  1837,  but  our  present  purpose  requires  no  further  notice  of  them- 
Justices  were  generally  ex  offitio  Alcaldes,  See  the  same  law  last  cited. 


68  LIST   OP  FOREIGNERS   IN   SAN  FRANCISCO   IN  1840. 

diate  vicinity  of  San  Francisco  were  subject  to  be  granted  by  the 
AYUNTAMIENTO  OF  THAT  PUEBLO.  Consequently  they  were  ex- 
empted from  the  Colonization  laws  of  1824 — 1828;  consequently  they 

BELONGED    TO    THE    PUEBLO    OF    SAN  FRANCISCO.       Ante  §§  83,  84. 

But  we  have  also  seen  that  when  the  AYUNTAMIENTO  of  San  Fran- 
cisco ceased  to  exist,  the  PUEBLO  did  not  lose  its  corporate  character, 
which  still  survived  under  JUSTICES  OF  THE  PEACE  who  discharged 
the  functions  of  the  Ayuntamiento.  Ante  §  92.  We  also  know,  as 
matter  of  well  adjudicated  law,  that  the  Legislature  of  a  country  has 
visitatorial  and  legislative  power,  which  can  always  inspect,  direct,  con- 
trol and  dispose  of  the  property  of  Municipal  Corporations,  so  far  as 
that  property  is  derived  from  the  sovereign  and  not  bound  by  pri- 
vate contracts  or  conditions  of  dedication  or  endowment.  City  of  New 
Orleans  vs.  The  United  States,  10  Peters,  662,  736,  737;  4  Wheat. 
660;  20  Howard,  S.  C.  Rep.  U.  S.  534;  Hart  vs.  Burnett,  15  Cal. 
612.  Therefore,  having  shown  these  to  be 'town  lands,  (Bienes  Con- 
cejicles,  ante  §  13,)  subject  to  grant  by  the  Ayuntamiento  of  San  Fran- 
cisco, (ante  §  83,)  and  the  Justices  of  the  Peace  not  supplanting  the 
PUEBLO,  but  merely  succeeding  the  Ayuntamiento  as  the  TOWN 
COUNCIL,  ante  §  89 ;  when  we  find  Justices  of  the  Peace,  Governors, 
or  other  officers  granting  these  PUEBLO  lands,  ante  §§  92,  100,  we  shall 
conclude  that  such  grants  are  made  by  them  either  as  officers  of  the 
PUEBLO  or  as  acting  under  that  superior  authority  which  as  inspector, 
visitor,  or  legislature  can  dispose  of  all  the  property  of  municipal  cor- 
porations, with  the  exceptions  above  stated. 

A.  D.  1840.     MAY  20. 

LIST  OF  FOREIGNERS  IN  SAN  FRANCISCO  IN  1840. 

§  101.  A  curious  document  has  been  introduced  in  evidence  in  this 
case,  being  a  List  of  Foreigners  established  in  the  "  Sixth  Section  of 
San  Francisco  de  Asis  in  1840."  See  ADDENDA,  No.  LI,  page  72. 
This  "Sixth  Section"  was  undoubtedly  the  Judicial  District  included 
within  the  Jurisdiction  of  the  Judges  of  the  Pueblo.  Ante  §§  9,  16, 
ADDENDA,  No.  XXXIII,  page  51.  The  value  of  this  document  con- 
sists in  this,  that  it  shows  that  San  Francisquito  creek  at  that  time 
divided  the  judicial  jurisdiction  of  the  Pueblo  of  San  Francisco  from 
that  of  San  Jose,  (Pueblo  of  Alvarado,)  1  De  Mofras,  415,  and  that 
Saucelito  on  the  north-west  of  the  straits  and  Bay  was  not  within  the 
jurisdiction  of  San  Francisco.  The  fact  that  all  the  region  north-west 
of  the  straits  and  Bay,  and  west  of  the  Sacramento  river,  including 
the  Pueblo  of  Sonoma,  were  without  the  jurisdiction  of  San  Francisco, 
appears  from  a  document  produced  in  evidence  in  the  case  in  connec- 
tion with  the  testimony  of  R.  C.  Hopkins,  and  marked  "  Exhibit  Hop- 
kins No.  3."  It  appears  from  the  first  part  of  this  espediente,  dated 
January  1st,  1836,  that  the  Ayuntamiento  of  San  Francisco  had  ap- 
pointed an  auxiliary  Alcalde  "  for  the  other  side  of  the  Bay  of  San 
Francisco,  by  which  a  dispute  has  arisen  in  relation  to  jurisdiction 
between  the  Alcalde  of  said  Pueblo  and  the  Military  Commandante  of 
the  Frontier  of  the  North,"  meaning  that  side  lying  west  of  the  Bay 


BERNAL'S  GRANT  OF  THE  RANCHO  LAS  SALINAS,  A.  D.  1840.  69 

and  of  the  Sacramento  river.  The  matter  was  referred  to  the  Depart- 
mental Junta  [Legislature]  who  decided  on  July  7th,  1836,  "  that  the 
Illustrious  Ayuntamiento  of  San  Francisco  should  not  extend  its 
authority  as  far  as  the  FRONTIER,  as  was  done  by  the  appointment  of 
an  auxiliary  Alcalde ;  *  *  *  the  appointment  of  an  auxiliary 

Alcalde  of  the  FRONTIER,  made  by  the  Ayuntamiento  of  San  Fran- 
cisco, is  rejected  as  being  beyond  the  limits  of  its  jurisdiction."  This 
document  is  very  long,  and  not  of  sufficient  importance  to  be  printed, 
but  is  of  some  value  as  defining  the  territorial  limits  of  the  judicial 
jurisdiction  of  the  Pueblo  of  San  Francisco, — its  "termino  jurisdic- 
cional."  See  ADDENDA,  No.  XXXIII,  page  51,  1T  3d  from  the  foot. 

A.  D.  1840. 
BERNAL'S  ESPEDIENTE  FOR  THE  RANCHO  LAS  SALINAS. 

§  102.  The  espediente  promoted  by  Jose  Cornelio  Bernal  for  the 
place  called  Las  Salinas,  commenced  in  1835  and  concluded  in  1840, 
is  the  espediente  numbered  2  and  177  in  Jones's  List,  and  duplicated  in 
Exhibits  No.  13  and  T,  to  the  testimony  of  R.  C.  Hopkins.  ADDENDA, 
No.  XLVI,  page  64.  See  the  place  marked  BERNAL  RANCHO  on  the 
accompanying  map.  The  first  document  in  this  espediente,  whose 
papers  are  deranged  in  the  order  of  date,  is  the  decision  of  Governor 
Figueroa,  misplaced  from  its  order  of  date,  but  dated  at  Monterey, 
January  2d,  1835,  which  refers  to  preceding  reports,  which  are  not  con- 
tained in  the  ESPEDIENTE,  and  which  must  themselves  have  been  based 
upon  a  petition  and  informe  which  are  also  lost.  The  Governor  de- 
crees as  follows  :  "  As  from  the  preceding  reports  it  appears  that  the 
"  tract  of  land  petitioned  for  by  Jose  Cornelio  Bernal  is  the  property 
"  of  the  PUEBLO  of  San  Francisco  de  Asis,  to  which  it  serves  as  ejidos, 
"  fo»  the  cattle  of  the  Public,  (es  de  la  propiedad  del  pueblo  de  San 
"  Francisco  de  Asis  a  quien  sirve  de  ejidos  para  las  ganados  del  comun,) 
"  [not  comunidad,  as  translated,  see  §  17,  ante,]  his  application  is  not 
"  admissible,  as  it  cannot  be  granted  in  full  property ;  but  the  party 
"  may  retain  his  cattle  there  in  the  same  way  as  the  other  citizens  do, 
"  (lo  mismo  como  los  demas  ciudadanos,)  or  apply  for  some  other  place 
"which  is  not  appropriated." 

Afterwards,  on  October  3d,  1839,  as  appears  from  the  same  espediente, 
Bernal  again  petitions  for  the  same  Rancho,  and  the  matter  is  referred 
to  the  "  Justice  of  the  Peace  of  San  Francisco,"  who  is  to  transmit  the 
espediente  with  his  report  to  the  "Administrator  of  the  Establishment 
of  Dolores"  The  Justice  of  the  Peace,  dating  from  the  Justice  Court 
of  San  Francisco,  October  8,  1839,"  reports  in  favor  of  granting  the 
concession,  adding  that  "  the  said  Bernal  is  recommendable  for  the 
"  services  which  he  has  rendered  and  is  rendering  in  this  municipality" 
"  (en  esta  municipalidad.)"  The  administrador  of  the  Ex-Mission, 
dating  from  "  Dolores "  on  the  same  day,  reports  that  "  this  establish- 
"  ment  is  not  in  need  of  the  tract  of  land  petitioned  for,  because  the 
"most  of  the  cattle  belonging  to  the  ESTABLISHMENT  are  on  the  place 
"  called  the  Pilarcitos  on  the  coast."  This  place  "  Las  Pilarcitos  "  on 
the  coast,  is  the  same  place  otherwise  called  "  San  Pedro,"  where  the 


70  MESSAGE   OF   THE   GOVERNOR,  A.  D.  1840. 

Mission  of  Dolores  always  pastured  its  cattle.  See  §  88,  of  this  argu- 
ment. From  this  espediente  the  following  facts  appear: 

FIRST  :  That  there  was  a  PUEBLO  called  San  Francisco  de  Asis, 
which  was  composed  of  citizens  who  possessed  cattle,  and  that  for  the 
cattle  of  the  public  of  said  PUEBLO  the  lands  called  "Las  Salinas" 
were  used  and  appropriated.  We  submit  that  there  is  no  instance, 
before  or  after  the  total  ruin  of  the  Missions,  where  a  Mission  Indian  was 
ever  called  citizen  (cuidadano.)  He  was  always  called  Indian,  Native  or 
Neophyte,  (Indio,  Indigena,  6  Neofito.)  Although  his  ultimate  equality 
in  the  sight  of  the  law  was  declared,  he  was  always  a  pupil,  and  even 
the  laws  of  secularization  contemplated  that  he  should  ever  remain 
such. 

SECONDLY  :  That  the  cattle  of  the  neophyte  Indians  did  not  occupy 
the  same  ejidos  as  those  of  the  citizens  of  the  Pueblo  of  San  Fran- 
cisco, either  in  1835  or  in  1839. 

THIRDLY  :  That  there  was  no  confusion  between  the  PUEBLO  of 
San  Francisco  and  the  ESTABLISHMENT  of  Dolores ;  but  each  stands 
out  distinctly  in  its  own  individuality  whenever  there  is  a  question 
respecting  the  possible  rights  of  either,  the  Superintendent  of  the 
Establishment  of  Dolores  representing  every  existing  interest  of  the 
neophytes,  and  the  Municipal  Authorities  of  San  Francisco  those  of  the 
PUEBLO. 

A.  D.  1840.     FEBRUARY  16. 

GOVERNOR'S    MESSAGE   RESPECTING   AYUNTAMIENTOS,   PROPIOS, 
EJIDOS,  JUSTICES,  ETC. 

§103.  On  February  16th,  1840,  the  Governor  of  Upper  Cali- 
fornia, at  the  opening  of  the  Departmental  Assembly,  delivered  his 
Annual  Message,  extracts  from  which  will  be  found  in  the  ADDENDA, 
No.  L,  page  70,  etc.  From  this  it  appears  that  no  PUEBLO,  except 
Monterey,  had  ever  had  its  Propios  or  Ejidos  measured  and  set  apart ; 
that  all  the  Pueblos  had  lost  their  Ayuntamientos  because  the  basis  of 
population  had  been  so  greatly  increased  by  the  Constitution,  (see 
ante  §§  89,  90)  ;  and  that  Justices  of  the  Peace  had  succeeded  the 
Ayuntamientos  in  the  politico-economical  government  of  the  Pueblos, 
also  exercising  the  judicial  functions  of  Judges  of  First  Instance. 
These  facts  have  all  been  stated  before  in  this  argument.  The  inexact- 
ness of  some  translator  appears  in  this  translation,  where  "  propios  y 
ejidos "  is  translated  "  common  and  landed  property,"  English  terms 
which  would  include  the  dehesas,  or  large  pastures ;  and  u  fundo  legal " 
is  rendered  simply  "  legal  property,"'  instead  of  "  propios  "  and  the  like 
landed  property  from  which  municipal  funds  were  raised  by  way 
of  rent. 

A.  D.  1841.    AUGUST  8. 

MlRAMONTES,  VlCE-JuSTICE  OF  THE    PEACE  AT    DOLORES,  RESIGNS 

HIS  OFFICE. 

§  104.  On  August  8th,  1841,  Vicente  Miramontes,  Vice-Justice 
of  the  Peace  "  in  the  Pueblo  of  Dolores,  in  the  jurisdiction  of  the 


FISC  AND  CENSUS  OF  THE  PUEBLO,  A.  D.  1842.       71 

Port  of  San  Francisco,"  addresses  the  Prefect,  and  pleads  ignorance 
and  poverty  as  reasons  why  he  should  not  be  reappointed.  ADDENDA, 
No.  LIII,  page  74.  This  document  is  dated  at  the  Pueblo  of  Dolores. 
This  word  Pueblo  is  here  evidently  used  in  the  sense  of  "  village  or 
hamlet,"  as  I  have  before  shown.  Ante,  §  9.  That  there  never  was 
an  organized  politic  or  corporate  Pueblo  there  is  clearly  apparent  from 
all  the  documents  in  evidence.  See  §§  88,  102,  114. 

A.  D.  1842.    JANUARY. 

THE  PUEBLO  OF  SAN  FRANCISCO  HAD  A  COMPLETE  FISCAL  OR- 
GANIZATION— FULLER,  SYNDIC. 

§  105.  On  July  20th,  1839,  Guerrero,  Justice  of  the  Peace,  asked 
the  Prefect  to  appoint  a  Sindico  Procurador  for  San  Francisco,  and 
nominated  Juan  Fuller  for  the  office.  ADDENDA,  No.  XLV,  page 
63.  It  will  be  observed  that  although  Sindico  Procuradores  were  offi- 
cers of  Ayuntamientos,  (ante,  §§  12,  47,  ADDENDA,  No.  X,  page  19, 
§  4,)  yet  the  Constitution  of  1836  did  not  supply  such  officers  to  the 
Pueblos  which  were  not  entitled  to  have  Ayuntamientos.  See  AD- 
DENDA, No.  LXIX,  page  100.  Fuller  seems,  however,  to  have  been 
appointed  Syndic,  for  in  the  ADDENDA,  No.  LIV,  page  75,  etc.,  we  find 
the  "  Account  made  out  by  Don  Juan  Fuller  as  Sindico  of  the  Munici- 
pality of  San  Francisco,"  extending  from  August,  1839,  to  January 
10th,  1842.  This  document  is  curious  and  important,  showing  the 
receipt  of  moneys  from  all  the  ordinary  sources  of  municipal  revenue, 
and  from  the  sale  of  solares,  in  addition.  The  office  of  Syndic  con- 
tinued to  exist  down  to  the  last  year  of  the  Mexican  dominion,  for  on 
February  7th,  1846,  we  find  Francisco  Guerrero,  Sub-Prefect,  dating 
from  Yerba  Buena,  invoking  "the  Judge  of  First  Instance  of  the 
"  PUEBLO  of  San  Francisco  to  follow  Don  Pedro  Sherreback,  the 
"  defaulting  Syndic,  to  attach  his  property,  imprison  him,  or  send  him 
"  to  the  public  works,  in  case  he  refuses  to  present  his  accounts,  produce 
"  his  vouchers,  and  make  payment."  ADDENDA,  No.  LXV,  page  95. 

A.  D.  1842.     OCTOBER  31. 

CENSUS  OF  SAN  FRANCISCO  IN  1842. 

§  106.  We  have  in  the  ADDENDA,  No.  LY,  page  78,  etc.,  a  full  cen- 
sus of  all  the  inhabitants  in  the  jurisdiction  of  San  Francisco,  for  the 
year  1842.  This  word  "jurisdiction,'*  of  course,  signifies  the  "judicial 
jurisdiction"  extending  far  beyond  the  Pueblo,  as  before  noticed,  ante 
§  9,  I"  2d.  We  here  find  that  all  the  inhabitants,  of  both  sexes,  men, 
women  and  children,  amounted  to  only  196.  We  can  recognize  at 
least  18  families  of  married  persons  with  children.  The  whole  num- 
ber of  Indians  in  the  population  was  37  :  all  of  these  were  neophytes, 
or  Mission  Indians,  except  one  boy,  Carlos,  who  seems  to  have  been 
an  unconverted  Indian,  from  Sacramento ;  and  all  of  these  Indians, 
both  neophyte  and  pagan,  were  domestic  servants,  except  three,  who 
are  classed  as  "laborers."  How  well  this  justifies  De  Mofras,  who 
estimated  the  number  of  neophytes  at  Dolores  in  1842  at  50,  (ADD- 


72  CONDITION   OF   THE  MISSIONS,   A.  D.  1842. 

ENDA,  No.  LXVII,  page  97)  ;  and  how  completely  fades  away  the 
phantasm  of  a  political  and  ^Matt-corporate  Indian  Pueblo,  composed 
of  three  Indian  laborers  and  thirty -four  Indian  domestics  !  Where  are 
the  Indian  Alcaldes  and  Indian  Councilmen  spoken  of  in  §  17  of  this 
argument  ? 

CONDITION  OP  THE  MISSIONS  AT  THAT  TIME. 

§  107.  But  already,  even  as  early  as  the  year  1842,  before  the 
termination  of  De  Mofras'  visit  to  California,  the  pillage  and  ruin  of 
the  Missions  was  almost  entirely  completed.  That  accurate  and  intel- 
ligent observer  has  given  the  fullest  details  of  the  results  to  which  eight 
years  of  civil  "  administration "  had  brought  the  Missions  of  Cali- 
fornia. As  a  general  fact,  the  cattle  had  been  given  away,  stolen  and 
slaughtered ;  the  Mission  buildings  appropriated  or  suffered  to  fall  into 
ruin ;  the  Indians  dispersed ;  the  vineyards  and  orchards  suffered  to 
grow  wild  ;  and  in  some  cases  the  vines  were  uprooted  and  taken  away. 
Of  the  twenty-one  Missions,  the  following  were  in  that  year  (1842) 
reported  to  be  in  a  fair  condition,  having  some  valuable  live  stock 
remaining,  Indians  still  under  instruction  and  performing  labor,  and 
the  Mission  establishment  in  operation  :  Santa  Barbara,  1  De  Mofras, 
371  ;  San  Gabriel,  Ib.,  351 ;  Santa  Inez,  Ib.,  377  ;  San  Antonio,  Ib., 
387  ;  Santa  Clara,  Ib.,  416  ;  San  Jose,  Ib.,  418.  Those  nearly  ruined 
were  San  Fernando,  Ib.,  360  ;  San  Diego,  Ib.,  338 ;  San  Luis  Key, 
Ib.,  342;  San  Buenaventura,  Ib.,  365;  La  Purisima,  Ib.,  376  ;  San 
Luis  Obispo,  Ib.,  378 ;  and  San  Miguel,  Ib.,  383.  Those  that  were 
entirely  ruined,  were  San  Juan  Capistrano,  Ib.,  348  ;  La  Soledad,  Ib., 
390  ;  El  Carmelo,  Ib.,  391  ;  San  Juan  Bautista,  Ib.,  407  ;  Santa  Cruz, 
Ib.,  410 ;  DOLORES  DE  SAN  FRANCISCO,  Ib.,  424 ;  San  Rafael,  Ib., 
444 ;  San  Francisco  Solano,  Ib.,  446.  The  results  in  comparative 
figures  (round  numbers,)  is  thus  stated : 

In  1834,  when  the  Missions  went  into  civil  "  administration/'  the 
Missions  had  thirty  thousand  Indian  neophytes  sustained  and  instructed 
by  them,  living  at  the  Mission  establishments  :  in  1842,/owr  thousand. 

In  1834,  the  Missions  had  four  hundred  and  twenty  thousand  horned 
cattle  ;  in  1842,  twenty -eight  thousand. 

In  1834,  sixty  thousand  horses;  in  1842,/owr  thousand. 

In  1834,  three  hundred  and  twenty  thousand  sheep,  goats  and  swine ; 
in  1842,  thirty  thousand. 

In  1834,  they  produced  one  hundred  and  twenty  thousand  bushels  of 
wheat,  maize,  etc.;  in  1842,  seven  thousand.  In  a  tabular  form  the 
result  is  thus  presented : 

Religious  Administration.  Civil  Administrations. 

1834.  1842. 

Indians 30,000 4,000 

Horned  Cattle 400,000 28,000 

Horses  and  Mules 62,000 3,000 

Sheep,  etc 321 ,000 31 ,000 

Grain 122,000 7,000 

The  table  from  De  Mofras,  Vol.  I,  p.  320,  printed  in  the  ADDENDA, 
No.  LXVII,  gives  these  data  more  specifically,  except  that  the  crops 
of  grains  for  1842  are  not  there  given,  but  the  amount  7,000  bushels 


ATTEMPT   MADE   TO   RESTORE   THE   MISSIONS,   A.  D.   1843.      73 

(4,000  hectares,)  is  given  by  him  at  page  421  of  the  same  volume. 
The  grain  crops  are  measured  by  the  Spanish  fanega,  which  is  rather 
more  than  the  English  bushel,  but  may  be  rendered  by  it  for  general 
purposes. 

A.  D.  1843.     MARCH  29. 
AN    ATTEMPT    MADE    TO    RESTORE    THE    MISSIONS. 

§  108.  In  1848  Micheltorena,  who  came  from  Mexico  with  an 
army  as  a  counter  revolutionary  Governor,  1  De  Mofras,  311,  312- 
17,  and  replaced  Alvarado  as  Governor,  among  other  reactionary 
measures  conceived  or  accepted  the  scheme  of  restoring  the  Mission- 
ary system.  In  his  proclamation  of  March  29th,  1843,  he  recites  : 
"  that  the  pious  and  charitable  institutions  of  social  order  for  the  con- 
"  version  of  the  savages  to  Catholicism  and  to  an  agricultural  and 
"  peaceful  life,  are  reduced  to  the  gardens  and  inclosures  of  the  churches 
"  and  buildings.  *  *  That  the  Indians,  who  are  naturally  lazy,  now, 
"from  additional  labor  and  scarcity  of  nourishment,  being  in  a  state  of 
"nudity,  having  no  fixed  employment  or  appointed  Mission,  prefer  to 
"  keep  out  of  the  way,  and  die  impenitent  in  desert  woods,  in  order  to 
"  escape  a  life  of  slavery,  filled  with  all  privations,  and  destitute  of 
"  social  enjoyment.  *  *  That  there  is  no  other  method  of  reani- 
"  mating  the  skeleton  of  a  giant  like  the  remains  of  the  ancient  Mis- 
"  sions  except  to  fall  back  upon  experience,  and  to  fortify  it  with  the 
"  appliances  of  Civil  and  Ecclesiastical  power."  He  then  directs  that 
twelve  of  the  Missions,  which  he  names,  shall  be  restored  to  the 
Missionary  Franciscan  Monks,  to  be  governed  by  them  in  the  same 
manner  as  before,  they  taking  charge  of  the  natives.  ADDENDA, 
No.  LVI,  page  83.  The  Mission  of  Dolores  was  not  among  the 
Missions  thus  restored  ;  but  the  Government  pledges  itself  in  regard  to 
the  lands  formerly  appurtenant  to  the  Missions  "to  make  no  new 
"  grants  without  the  information  of  the  respective  authorities  of  the 
"  most  Reverend  Fathers,  notorious  non-occupation,  non-cultivation,  or 
"  necessity."  See  Micheltorena's  Proclamation,  1  Rockwell,  469 ; 
Halleck's  Report,  App.  No.  19;  Jones's  Report,  page  71 ;  ADDENDA, 
No.  LVI,  page  83.  This  therefore  interrupted  further  grants  being 
made  from  the  lands  adjacent  to  or  occupied  by  the  Missions,  until  it 
should  be  definitely  ascertained  by  official  acts  of  great  formality,  that 
such  lands  would  not  be  needed  by  those  establishments,  either  as  Mis- 
sions, or  as  possible  future  INDIAN  PUEBLOS. 

A.  D.  1843.    JUNE. 
MEXICAN  CONSTITUTION  OF  1843. 

§  109.  A  new  Constitution  was  adopted  this  year,  on  June  12th, 
and  promulgated  on  June  13th.  It  does  not  seem  to  contain  any  pro- 
visions bearing  upon  the  present  discussion.  The  title  of  the  Depart- 
mental Junta  was  changed  to  that  of  Asamblea — Assembly.  See 
"Bases  de  organizacion  politica  de  la  Republica,"  published  in  the 
"Decretos  del  Gobierno  provisional  for  1842,"  July  1842  to  June 
1843,  Title  VII,  §  131,  at  page  466. 


74       SAN   FRANCISCO   AND   YERBA   BUENA   THE   SAME   PUEBLO. 

A.  D.  1843.     NOVEMBER. 

ALCALDES  ORDERED  TO  BE  ELECTED  FOR  THE  PUEBLO  OF  SAN 

FRANCISCO. 

§  110.  On  November  14, 1843,  Governor  Micheltorena,  by  procla- 
mation, directed  Ayuntamientos  to  be  elected  in  Monterey  and  Los 
Angeles.  Exhibit  11,  annexed  to  Vallejo's  deposition,  Addenda  No. 
LVII,  page  84,  Art.  1st ;  directing,  also,  that  in  the  Pueblos  of  San 
Diego,  Santa  Barbara,  San  Juan,  Villa  de  Branciforte,  San  Jose,  San 
Francisco  and  Sonoma,  elections  should  be  held  to  appoint  two  Alcal- 
des of  first  and  second  nomination,  Id.  Article  2 ;  that  said  first  Alcaldes 
should  perform  the  duties  of  Judges  of  First  Instance,  and  take  charge 
of  the  prefectures  of  the  respective  districts,  Id.  Article  4 ;  that  the 
newly  elected  officers  should  go  into  office  on  the  first  day  of  January 
next  ensuing,  and  "  receive  from  those  going  out  an  exact  inventory  of 
"  all  the  espedientes,  books,  and  whatever  there  may  be  belonging  to 
"  the  said  corporations — un  inventario  exacto  de  todos  los  espedientes, 
"  libros  y  cuanto  halla  pertineciente  a  dichas  Corporaciones."  Id.  Arti- 
cle 5.  Accordingly  we  find  oficios  addressed  to  the  Alcalde  of  San 
Francisco  by  the  government,  dated  July  7th,  1844,  March  7th,  1844, 
January  20th,  1844,  March  5th,  1845,  and  the  Act  of  election  of  Pa- 
dilla  as  First  Alcalde  on  December  22d,  1844,  Exhibits  No.  12,  13, 
14,  15,  and  16,  annexed  to  Vallejo's  deposition.  See  ADDENDA,  Nos. 
LVIII,  LIX,  LXI. 

A.  P.  1844. 

SAN  FRANCISCO,  THE  PORT  OF  SAN  FRANCISCO,  AND  YERBA  BUENA 
WERE  ALL  THE  SAME. 

§  111.  This  appears  from  two  documents  in  evidence  in  the  case. 
See  ADDENDA,  Nos.  LVIII  and  LIX,  pages  85,  86,  where  the  same 
officer  is  described  as  "  First  Alcalde  of  the  Port  of  San  Francisco," 
"  Alcalde  of  San  Francisco,"  and  "  Alcalde  of  first  nomination  of  Yerba 
Buena."  This,  however,  only  confirms  what  appears  so  often  else- 
where. See  §§  102,  120,  etc. 

A.  D.  1844.     APRIL. 

DE  HARO'S  ESPEDIENTE  FOR  THE  POTRERO  NUEVO.  GOVERNOR 
MICHELTORENA'S  PARTIAL  RESTORATION  OF  THE  MISSIONS 
IN  1843. 

§  112.  The  espediente  of  Francisco  De  Haro  for  the  Potrero  of 
San  Francisco,  is  found  duplicate  among  the  documentary  testimony  in 
this  cause.  See  Exhibit  Hopkins,  No  11  and  V;  ADDENDA,  No. 
LX,  page  86.  This  espediente  shows  that  this  Potrero  (cattle  enclo- 
sure) was  formerly  used  by  the  Ex-Mission  of  San  Francisco  de  Asis. 
It  included  that  portion  represented  on  the  accompagnying  map  as 
lying  between  the  Mission,  the  Mission  Bay,  and  the  "  WALL,"  the  wall 
designated  being  a  part  of  the  enclosure  of  the  Potrero.  Jimeno,  the 
Secretary  of  the  Government,  over  date  of  April  29th,  1844,  reports, 


MAPS  OF  YERBA  BUENA  OFFICIALLY  APPROVED.       75 

that  "  the  Mission  of  San  Francisco  has  no  longer  any  cattle,  and  con- 
"  sequently  the  Potrero  petitioned  for  is  lying  unoccupied  ;  *  *  and 
"  inasmuch  as  the  common  lands  (ejidos)  of  the  said  establishment 
"  are  to  be  assigned  to  it,  (debe  senalarsele  sus  ejidos)" — he  recom- 
mends that  the  petitioner  be  allowed  to  occupy  the  lands  provisionally. 
A  provisional  licence  was  accordingly  issued,  "  subject  to  the  measure- 
"  ment  which  may  be  made  of  the  ejidos  of  the  Establishment  of  San 
"  Francisco ;  (sugetandose  a  la  medicion  que  se  haya  de  los  ejidos  del 
"  Establiento  de  San  Franco."  There  is  little  in  this  espediente  which 
is  pertinent  to  the  present  case,  except  the  patent  fact  that  the  executive 
officers  of  the  Departmental  Government  were  exceedingly  anxious 
not  to  prejudge  against  the  possibility  of  an  Jndian  Pueblo  being 
erected  out  of  the  ruins  of  this  Mission,  which,  indeed,  they  had  no 
power  to  do,  and  therefore  refused  to  grant  away  in  absolute  proprie- 
torship the  Potrero  formerly  enclosed  and  used  by  it,  until  the  future 
fate  of  the  Mission  should  have  been  decided  by  an  inquest  of  office. 
It  will  be  remembered  that  Micheltorena,  the  Governor  who  made  this 
provisional  grant,  had  early  conceived  the  project  of  restoring  the 
Missionary  system,  and  placing  the  Missions  again  in  the  hands  of  the 
Franciscans.  See  ante  §  108,  ADDENDA,  No.  LVI,  page  83.  But, 
although  this  step  did  not  revivify  the  Missions,  nor  even  retard  their 
final  ruin,  still  it  contained  a  pledge  that  from  the  lands  occupied 
by  the  Missions,  the  Government  would  "  make  no  new  grants  without 
"  the  information  of  the  respective  authorities  of  the  most  Reverend 
"  Ministers,  notorious  non-occupation,  non-cultivation,  or  necessity." 
ADDENDA,  No.  LVI,  page  84,  §  5.  This  Potrero,  enclosed  by  the 
Mission,  which  might  again  need  it  if  it  recovered  its  prosperity,  and 
would  probably  require  it  for  its  ejidos  if  it  was  erected  into  an  INDIAN 
PUEBLO,  could  not  therefore  be  granted  by  the  Government  until  the 
ruin  of  the  Mission  was  established  officially,  and  therefore  beyond  all 
hope.  These  were  the  reasons  assigned  by  the  Governor  for  refusing 
the  grant,  and  issuing  only  a  provisional  licence  to  occupy.  ADDENDA, 
No.  LX,  pages,  86,  87. 

MAPS  OF  YERBA  BUENA  APPROVED  BY  THE  GOVERNOR. 

§  113.  It  appears  by  the  testimony  of  Richardson  and  others  that 
two  or  more  maps  were  made  of  the  settlement  of  Yerba  Buena,  and 
approved  by  the  Governor.  These  maps  are  the  nucleus  upon  which 
the  existing  plat  or  survey  of  the  present  city  has  been  adjusted. 
They  are  of  little  or  no  value  to  the  present  argument.  In  any  event 
they  would  tend  to  show  only  what  is  indisputable,  that  the  Ayunta- 
mento  of  San  Francisco  had  the  power  to  make  grants  of  lands,  and 
that  therefore  there  was  a  political  ^Maw-corporate  PUEBLO  of  San 
Francisco  to  which  such  lands  belonged.  See  §§83,  84  of  this  argu- 
ment. These  maps  show  only  that  the  Governor  continued  to  recognize 
the  PUEBLO  of  San  Francisco,  as  having  an  organized  political  and 
corporate  or  quasi-corporate  existence. 


76  THE  MISSION  OF  DOLORES  PETITIONS  FOR  THE 

A.  D.  1844.     APRIL. 

THE  INHABITANTS  OF  THE  MISSION  OF  DOLORES  [OF  SAN  FRAN- 
CISCO] COMPLAIN  THAT  THEIR  SETTLEMENT  HAS  NEVER  BEEN 
RECOGNIZED  AS  A  PUEBLO,  AND  ASK  THE  GOVERNOR  TO  EX- 
TINGUISH THE  NAME  OF  MISSION  AND  DECLARE  IT  A  PUEBLO 
FOR  THE  FUTURE.  THE  GOVERNOR  DECLINES  TO  ACT. 

§  114.  The  inhabitants  of  the  Mission  of  Dolores  of  San  Fran- 
cisco, "resident  in  the  jurisdiction  of  San  Francisco  de  Asis  and 
established  in  the  Ex-Mission  of  that  name,"  on  the  8th  day  of  April, 
1844,  petition  the  Governor,  stating  that  that  Mission  had  never  yet 
been  recognized  as  a  PUEBLO  ;  that  it  ought  to  have  that  title ;  and 
praying  that  it  may  be  recognized  as  a  PUEBLO  in  future.  They 
recognize  <%e  fact  that  Indians  are  still  living  there  in  COMMUNITY, 
(see  ante  §  17, )  with  a  mayordomo,  or  official  administrator,  and  thus  it 
appears  that  the  Mission  had  not  as  yet  been  secularized.  The  Secretary 
of  State  reports  that  the  request  cannot  be  granted  until  the  debts  of 
the  Mission  are  paid — it  was,  then,  still  a  Mission — and  the  Governor 
defers  all  further  action  on  the  petition.  See  ADDENDA,  No.  LXXI, 
page  102.  This  one  document  effectually  establishes  the  fact,  that 
the  Mission  of  Dolores  was  not  that  "  PUEBLO  of  San  Francisco," 
which  was  established  in  1835,  ante  §  74,  and  which  was  so  often 
recognized  by  the  Governor  and  Departmental  Legislature.  See  §§ 
77,  78,  82,  83,  87,  etc. 

A.  D.  1845.    MAY  AND  OCTOBER. 

THE  GOVERNMENT  OFFICIALLY  EXTINGUISH  THE  MISSION  OF 
DOLORES  AND  OFFER  IT  FOR  SALE,  BUT  DO  NOT  ERECT  IT 
INTO  A  PUEBLO. 

§  115.  I  have  already  presented  my  views  of  the  objects  contem- 
plated in  the  foundation  of  the  Mission,  ante,  §  26.  The  official  maps 
of  the  United  States  show  that  the  Mission  of  Dolores  existed  within 
the  limits  of  the  four  leagues  claimed  by  the  City  of  San  Francisco. 
See  map  prefixed,  and  Langley's  map.  But  it  is  well  established  that 
this  Mission  had  no  rights  in  land.  The  so-called  lands  of  all  the 
Missions  were  all  subject  to  colonization.  See  §  26  of  this  argument. 
They  were  exempted  from  colonization  "  for  the  present "  by  the  regu- 
lations of  colonization  of  Nov.  21,  1828,  1  Rockwell,  453  ;  ADDENDA, 
No.  XIV,  page  26,  §  17  ;  but  it  is  notorious  that  that  restriction  was 
almost  immediately  removed,  for  most  of  the  Mission  lands  were  soon 
afterwards  granted  to  various  persons.  The  Missions  had  no  landed 
property.  "  The  church  edifices,  cemeteries,  and  priests'  houses, 
"  with  the  curtilages  and  appurtenances  at  the  several  missions,  and 
"the  gardens  and  vineyards,  at  or  near  the  same,  planted  and 
"  reared  by  the  care  and  labor  of  the  priests  and  neophytes,  belonged 
"  to  the  Catholic  church  to  which  they  were  dedicated  from  the  begin- 
"  ning."  See  Opinion  of  Commissioner  Felch,  in  the  case  of  Joseph 
Alemany,  Bishop  of  California,  vs.  The  United  States,  claiming  the 


TITLE   OF  "  PUEBLO  "  WHICH  IS   NOT   GRANTED,   A.  D.    1844.     77 

Mission  churches,  cemeteries,  orchards  and  vineyards.  The  lands 
commonly  treated  as  belonging  to  the  Mission  of  Dolores,  but  really 
belonging  to  the  PUEBLO  of  San  Francisco,  were,  therefore,  at  most 
only  subject  to  an  usufruct  by  the  Indians  of  the  Mission,  and  when 
that  usufruct  determined  by  the  dissolution  of  the  Mission  establish- 
ment, the  rights  of  the  PUEBLO  became  emancipated  and  complete. 
Perhaps,  as  was  contemplated  by  the  Plan  of  Pitic,  the  Indians  and 
pobladores  were  to  enjoy  these  lands  in  common.  See  ADDENDA,  No. 
VII,  page  12,  §§  6,  7.  But  even  conceding  that  the  lands  were  subject 
to  a  servitude,  there  can  be  no  doubt  that  when  that  servitude  ceased, 
the  lands  became  free.  The  evidence  is  conclusive  that  all  hopes  of 
converting  the  Mission  of  Dolores  into  an  Indian  Pueblo  had  been 
abandoned  for  many  years  before  its  final  dissolution.  The  Mission  had 
never  been  a  prosperous  one.  It  was  founded  in  the  midst  of  barren  sur- 
roundings, in  a  climate  which  was  severe  to  the  Indians  (1  De  Mofras, 
424,  444),  and  still  more  rigorous  to  the  natives  of  Mexico  and  Spain. 
1  De  Mofras,  274.  But  it  was  necessary  that  a  Mission  should  be 
founded  within  the  protection  of  the  Presidio  of  San  Francisco,  and  so 
the  Mission  of  Dolores  was  founded  on  the  only  unappropriated  spot 
within  many  miles  where  there  was  a  perennial  stream  of  fresh  water; 
the  issue  of  Lobos  Creek  being  within  the  curtilage  of  the  Fort.  See 
map  of  the  Coast  Survey;  Mitchell  vs.  The  United  States,  15  Peters, 
52  ;  9  do.  711.  The  north-west  winds  were  always  severe  ;  the  farm- 
ing lands  of  the  Mission  small  in  extent  and  not  propitious  to  cultiva- 
vation  ;  the  sowings  were  made  at  San  Pablo,  on  the  other  side  of  the 
Bay  (1  De  Mofras,  424,  425  ;  and  at  San  Mateo,  De  Haro's  espediente 
for  Rancho  San  Pedro,  ADDENDA,  No.  XXXI,  page  48),  and  they 
were  compelled  to  use  the  Mission  of  San  Rafael  as  a  hospital  for  their 
Indians,  who  could  not  endure  the  climate  of  San  Francisco.  1  De 
Mofras,  444.  Their  cattle,  while  they  had  any,  were  pastured  at  San 
Pedro  beyond  the  mountains.  Wm.  Carey  Jones' Report,  115  ;  De 
Haro's  espediente  ut  supra.  In  1815  there  was  an  Indian  population 
of  1,115  at  the  Mission,  and  in  1830  a  population  of  219,  (see  AD- 
DENDA, No.  LXXVI,  page  110,  but  in  1834,  at  the  culminating  period 
of  the  prosperity  of  the  missions,  the  Mission  of  Dolores  had  not 
exceeding  500  Indians,  while  San  Luis  Rey  had  3,500,  San  Gabriel 
2,700,  San  Jose  2,300,  Santa  Clara  1,800,  and  even  San  Rafael,  found- 
ed in  1817,  had  1,250,  and  San  Francisco  Solano  (Sonoma)  founded 
in  1823,  had  1,300.  1  De  Mofras,  320  ;  ADDENDA,  No.  LXVIII, 
page  97. 

§  116.  The  gradual,  but  complete  extinction  of  this  feeble  exist- 
ence of  the  Mission  of  Dolores  is  perfectly  demonstrated  by  a  few 
patent  facts.  The  padron  (return)  of  the  Mission,  made  in  1830,  the 
last  that  appears  ever  to  have  been  made,  shows  only  219  neophytes. 
See  ADDENDA,  No.  XXVI,  page  110.  The  padron  of  San  Francisco 
made  by  Guerrero,  in  1842,  in  which  the  Indians  are  confounded  with 
the  mass  of  the  population  existing  throughout  the  whole  termino  of 
San  Francisco,  including  Yerba  Buena,  shows  only  36  neophytes. 


78  THE  MISSION  OF  DOLORES   IS   OFFICIALLY 

ADDENDA,  No.  LV,  page  78.  Deposition  of  H.  F.  Teschemacher  in 
the  case.  The  Ranches  of  San  Pablo  and  San  Pedro,  where  the  In- 
dians sowed  their  crops,  and  pastured  their  cattle,  were  granted  to  the 
Castros  and  to  De  Haro  respectively  in  1835  and  1836.  1  De  Mofras, 
425.  See  the  Espedientes  in  the  Archives,  Nos.  3  and  18,  Also  the 
same  numbers  in  the  list  in  Jones'  Report,  Senate  Doc.  Vol.  3,  Doc. 
18,  p.  95,  1850-1851.  De  Mofras  writes  in  1842:  "  The  inhabitants 
"  have  pillaged  everything ;  at  present  there  remain  scarcely  60  cattle, 
"50  horses  and  100  sheep.  Some  Indians  inhabit  a  few  ruined  hovels 
"  (quelques  masures)  around  the  Mission,  or  cultivate  some  small 
"  patches  of  good  soil  sheltered  from  the  wind.  *  *  *  The  Mission 
"  buildings  are  large,  but  dilapidated ;  there  is  no  missionary."  Vol.  1, 
page  424.  The  Exploring  Expedition  of  Com.  Wilkes  visited  the 
Mission  of  Dolores  twice  in  1841,  but  he  gives  it  no  further  notice  than 
to  misname  it  the  Mission  of  "  Nostra  Seiiora  de  Dolores,"  showing 
that  it  had  ceased  to  attract  notice  as  an  existing  establishment.  Ex- 
ploring Expedition,  Vol.  V,  249.  JIMENO,  Secretary  of  State,  in  his 
report  on  the  Espediente  of  De  Haro  for  the  Protrero  of  San  Fran- 
cisco, ADDENDA,  No.  LX,  page  86,  April  29th,  1844,  states  that 
"  the  Mission  of  San  Francisco  has  no  longer  any  cattle."  And  it  is 
not  unimportant  to  note  that  it  is  the  word  "  bienes,  property,"  which 
is  translated  "  cattle." 

§  117.  These  facts  sufficiently  show  the  de  facto  expiration  of 
the  Mission  of  Dolores;  but  happily  we  are  furnished  an  authentic 
record  of  an  inquest  of  office  by  which  the  extinction  of  the  Mission 
was  declared  in  all  legal  form.  By  a  decree  of  May  28th,  1845,  the 
the  Departmental  Junta  enacted  as  follows : 

"  Article  I.  The  Departmental  Government  shall  call  together  the 
"neophytes*  of  the  Missions  of  San  Rafael,  DOLORES,  Solidad,  San 
"  Miguel,  and  La  Purisima  which  are  abandoned  by  them,  by  means  of 
"  a  proclamation  which  it  will  publish,  allowing  them  the  term  of  one 
"  month  from  the  day  of  its  publication  in  their  respective  missions,  or 
"  in  those  nearest  to  them,  for  them  to  re-unite  for  the  purpose  of  culti- 
"  vating  them  ;  and  they  are  informed  that  if  they  fail  to  do  so,  they 
"will  be  declared  to  be  without  owners  (mostrencas),  and  the  Assem- 
"  bly  and  Departmental  Government  will  dispose  of  them  as  may  best 
"suit  the  general  good  of  the  Department."  1  Rockwell,  471,  Hal- 
leek's  Rep.  Ap.  20 ;  Jones'  Rep.  72 ;  ADDENDA,  No.  LXII,  page  88. 
Here  is  a  legislative  declaration  that  the  Mission  of  Dolores  is  aban- 
doned by  its  neophytes ;  here  is  a  law  day  given  to  them  to  come  in 
and  redeem  a  forfeiture ;  here  is  a  forfeiture  specifically  and  officially 
pronounced  in  case  of  non-redemption.  The  second  article  of  this 
enactment  decrees:  "The  Carmelo,  San  Juan  Baptista,  San  Juan 
"  Capistrana,  and  San  Francisco  Solano,  shall  be  considered  as  PUEB- 
"LOS-,  which  is  the  character  they  have  at  present."  ADDENDA,  No. 

*  "  Los  neofitos  "  in  the  original,  and  not  Indian  as  generally  translated,  neofito  being 
a  christianized  Indian  belonging  to  the  Mission. 


EXTINGUISHED   AND    OFFERED   FOR   SALE,  A.  D.  1845.  79 

LXII,  page  89,  Art.  2.  This  is  a  most  pregnant  declaration.  Four 
Missions  are  excepted  from  the  operations  of  the  law  which  denounced 
a  forfeiture  against  other  Missions,  because  these  four  had  become 
PUEBLOS.  But  there  is  not  a  hint  that  the  other  Missions  had 
become,  or  could  become  PUEBLOS,  but  on  the  contrary  a  declara- 
tion they  were  abandoned  by  their  neophytes,  and  a  decree  that  if  the 
neophytes  did  not  return,  the  property  of  the  Missions  would  be  consid- 
ered without  owners.  This  is  conclusive  on  the  point  that  in  May,  1845, 
there  was  no  PUEBLO  at  the  Mission  of  Dolores,  as  we  have  already 
seen  (ante,  §  114)  that  there  was  not  in  April  of  the  preceding  year. 
The  Mission  property  of  course  consisted  only  of  the  buildings,  orchards, 
cemeteries,  and  stock  of  the  Establishment.  Ante,  §  26.  The  Proclama- 
tion required  in  the  first  article  of  the  preceding  law  appears  to  have 
been  made,  from  the  following  act  of  the  Departmental  Government  of 
Oct.  28th,  1845 :  "Article  I.  There  will  be  sold  at  this  capital,  to  the 
"highest  bidder,  the  Missions  of  San  Rafael,  DOLORES,  Soledad,  San 
"  Miguel,  and  La  Purisima,  which  are  abandoned  by  their  neophytes. 
"  Art.  IV.  *  *  *  What  belongs  to  San  Rafael,  DOLORES,  San  Juan 
"  Bautista,  Carmelo,  and  San  Miguel  will  be  sold  on  the  second,  third, 
"and  fourth  of  January  next."  1  Rockwell,  472;  Halleck's  Report, 
Ap.  21 ;  Jones'  Report,  75 ;  ADDENDA,  No.  LXIII,  page  90.  The 
original  is,  "  los  dias  2,  3,  y  4  del  mes  de  Enero  del  ano  entrante,"  in- 
stead of  "  23d  and  24th  of  January,"  as  commonly  translated.  This 
then  was  an  official  determination  by  actual  inquest  of  the  fact  that  the 
Mission  of  Dolores  had  ceased  to  exist.  A  few  months  afterwards,  Mr. 
Edwin  Bryant,  a  very  observant  and  intelligent  traveler,  who  was 
afterwards  First  Alcalde  of  San  Francisco,  visiting  the  Mission  of 
Dolores  and  passing  there  the  night  of  Sept  20-21,  1846,  could  hardly 
find  shelter  there,  and  found  the  main  buildings  contiguous  to  the 
church  occupied  by  Mormon  families,  and  "  the  Indian  quarters  crum- 
"  bling  into  shapeless  heaps  of  mud."  Bryant's  California,  320,  321. 
These  were  not  ruins  made  since  the  American  conquest,  for  no  rain 
had  fallen  since  the  preceding  spring,  and  the  conquest  was  made  in 
July  of  that  same  year. 

ATTEMPT  TO  REVIVE  THE  MISSION  OF  DOLORES  FOR    THE  PUR- 
POSES  OF  THIS   SUIT. 

§  118.  It  is  out  of  the  grave  of  this  extinct  Mission  which  was 
thus  blighted  in  its  conception,  almost  abortive  in  its  birth,  dwarfed  in 
its  growth,  finally  dying  of  inanition,  officially  declared  dead,  and 
officially  buried,  that  the  United  States  now  attempt  to  evoke  the  ghost 
of  an  Indian  Pueblo,  not  for  the  purpose  of  galvanizing  it  into  exist- 
ence, but  solely  with  the  object  of  depriving  the  city  of  San  Francisco 
of  its  patrimony.  Between  the  chimera  of  a  Partido  on  the  one  side, 
and  of  a  non-existent  Indian  Pueblo  of  Dolores  on  the  other,  it  is  expected 
that  the  property  of  San  Francisco  shall  be  converted  into  public  lands, 
while  other  Pueblos  like  Santa  Barbara  and  Monterey  shall  enjoy 
their  four  leagues,  which  have  been  formally  confirmed  to  them.  Even 


80  DIAZ'S  ESPEDIENTE  FOR  THE  POINT  OF  LOBOS. 

the  Indian  Pueblos  of  New  Mexico  have  had  their  four  square  leagues 
allotted  them — and  some  of  them  more  than  this.  See  ADDENDA, 
No.  LXVIII,  page  98.  But  to  San  Francisco,  illustrious  for  her 
enterprise  and  her  misfortunes,  this  common  justice  has  been  denied  ; 
and  now  in  the  twenty-eight  year  of  her  distinct  political  and  corporate 
existence  she  stands,  as  she  has  stood  for  the  last  eleven  years  in  Court, 
as  a  humble  petitioner  for  the  lands  to  which  she  became  entitled  in  the 
year  1835,  and  her  claim  is  denied  by  the  law-executive  of  a  power- 
ful Government  which  bound  itself  to  respect  the  rights  of  a  conquered 
people.  It  seems  that  it  is  only  valuable  lands  which  are  deemed 
worthy  of  the  dignity  of  confiscation. 

A.  D.  1845.     MAY. 
ESPEDIENTE  OF  BENITO  DIAZ  FOR  THE  POINT  OF  LOBOS. 

§  119.  This  espediente  was  upon  a  petition  for  a  tract  of  land 
including  the  ruined  Fort  at  Fort  Point,  and  the  Presidio,  at  the  place 
marked  "  Diaz "  on  the  accompanying  map.  [This  espediente  was 
not  concluded  before  the  conquest  of  California  by  the  Americans,  and 
so  never  became  operative."  Palmer  v.  The  United  States,  24  Howard 
Rep.  S.  C.,  U.  States,  125.  But  the  espediente,  so  far  as  above  set 
forth,  is  undoubtedly  genuine.  See  report  of  J.  De  la  Cruz  Sanchez, 
ADDENDA,  No.  LXIV,  page  93.  I  cite  it  here  to  show  the  tenacity 
with  which  the  tradition  of  a  legal  fact  retains  its  place,  even  among  an 
illiterate  people  who  are  destitute  of  law  books.  The  espediente, 
ADDENDA,  No.  LXX,  page  102,  contains  the  report  of  Jose  De  la 
Cruz  Sanchez,  the  judge  to  whom  the  petition  was  in  the  first  instance 
referred,  who  certifies  that  he  cannot  give  information  respecting  the 
place  occupied  by  the  military  point,  because  he  knows  nothing  of  its 
commons,  or  ejidos.  It  thus  appears  that  the  rude,  illiterate  people  of 
California  knew  that  there  were  certain  commons  attached  to  the  Fort; 
but  Sanchez,  the  "  respective  Judge  "  to  whom  the  matter  was  referred 
by  the  Governor,  ADDENDA,  No.  LXX,  page  101,  who  was  also 
"  Justice  of  San  Francisco,"  which  was  the  same  as  "  2d  Constitutional 
Justice  of  Yerba  Buena,"  ADDENDA,  No.  LXIV,  page  93,  had  no 
means  of  determining  what  were  the  commons  or  ejidos  of  a  Hispano- 
Mexican  Fort.  .Those  commons  were  equal  to  a  square  of  3,000 
Spanish  varas,  or  yards  ;  that  is,  1,500  varas  measured  in  the  direction 
of  each  cardinal  point  from  the  center  of  the  Fort,  and  squared  upon 
this  base.  Mitchell  v.  The  United  States,  15  Peters,  52 ;  Same  v. 
The  Same,  9  Peters,  711.  This  is,  however,  to  be  measured  in  the 
manner  described  in  §  30  of  this  argument ;  namely :  if  there  were 
obstacles  interposed  so  that  the  measurement  could  not  be  made  in  the 
form  of  a  square,  the  required  quantity  was  to  be  made  up  by  measure- 
ments in  other  directions.  These  commons  or  ejidos  of  this  Fort 
constitute  the  "  Government  Reserve  "  as  laid  down  on  the  current  maps. 
In  like  manner  the  tradition  of  the  "  Four  square  leagues  of  a  PUEBLO," 
of  its  ejidos,  propi  os  and  arbitrios,  and  of  its  being  an  "Illustrious  Cor- 
poration "  was  firmly  planted  in  the  popular  mind  and  popular  faith. 


NOB'S  ESPEDIENTE  FOK  SAN  MIGUEL,  A.  D.  1845.  81 

notwithstanding  that  there  were  no  law  books  to  justify  these  notions 
or  to  render  them  exact. 

A.  D.  1845.     DECEMBER. 
NOE'S    EXPEDIENTS    FOR    THE    RANCHO    SAN   MlGUEL. 

§  120.  The  expediente  of  Jose  Jesus  Noe  for  a  portion  of  land 
formerly  appurtenant  to  the  Ex-Mission  of  Dolores,  Exhibit  Hop- 
kins W,  ADDENDA,  No.  LXIV,  page  92,  designated  "Noe  Rancho" 
on  the  accompanying  map,  sheds  no  light  on  the  subject,  except  that 
it  shows  that  the  Ex-Mission  of  Dolores  had  become  completely 
extinct  under  the  inquest  of  office  made  under  the  law  of  May  28th, 
1845,  ADDENDA,  No.  LXII,  page  88,  Art.  1,  as  set  forth  in  §§  115- 
117  of  this  brief.  For  the  informe  does  not,  as  heretefore,  §§  82, 
88,  and  102,  send  the  espediente  to  the  administrator  of  the  Establish- 
ment of  Dolores,  but  only  to  the  "  Justice  and  Judge  of  San  Fran- 
cisco." The  Judge,  in  his  report,  calls  himself  "  Justice  of  the  2d  Con- 
stitutional Court  of  YERBA  BUENA,"  while  the  Governor  in  his  vista 
styles  the  same  Judge  "  2d  Alcalde  of  SAN  FRANCISCO,"  thus  showing 
that  Yerba  Buena  and  San  Francisco  were  designations  indifferently 
used  for  the  same  PUEBLO.  Noe,  the  petitioner,  lived  at  Yerba  Buena 
in  1842.  See  Teschmacher's  deposition.  He  was  Secretary  of  the 
Electoral  College  there  in  1844.  Exhibit  12  to  Vallejo's  deposition, 
ADDENDA,  No.  XLI,  page  88.  He  was  Judge  of  First  Instance 
there  in  1845.  Exhibit  16  to  Vallejo's  deposition.  Noe,  in  his  depo- 
sition in  the  case  of  Bolton  v.  The  United  States,  in  this  Court,  testi- 
fies that  he  lived  in  San  Francisco  in  1845  and  1846  ;  that  he  was 
Judge  of  First  Instance  there  in  1846 ;  and  that  during  all  that  time 
he  was  a  fre'quent  visitor  at  the  Mission  Dolores.  That  Dolores  was 
in  his  jurisdiction,  but  that  he  could  not  grant  solares  there,  but  only  in 
San  Francisco.*  That  his  jurisdiction  as  Judge  of  First  Instance 
extended  over  a  large  district,  being  the  jurisdiction  contenciosa 
alluded  to  in  Micheltorena's  proclamation  of  Nov.  14,  1853,  Art.  4, 
Document  No.  11,  Vallejo's  deposition,  ADDENDA,  No.  LVII,  page 
84.  And  yet  it  is  gravely  insisted  that  Yerba  Buena  was  a  mere 
hamlet  near  the  anchorage,  and  that  the  ruined,  deserted  Indian  hovels 
at  the  Mission  Dolores  constituted  the  PUEBLO  of  San  Francisco  ! 

A.  D.  1846.     MAY. 

ANDRADE'S  ESPEDIENTE  FOR  THE  ORCHARD  AND  TANNERY  OF  THE 
MISSION  DOLORES. 

§  121,  The  espediente  of  Jose  Andrade  is  introduced  in  evidence 
by  the  United  States.  Exhibit  Hopkins  X.  It  purports  to  be  an 

*  NOTE. — Building  lots  bad  already  been  granted  at  tbe  Mission  of  Dolores,  but  in 
1843  Governor  Micheltoreua  interdicted  further  grants  at  that  locality;  see  §  108  of  this 
argument,  and  ADDENDA  No.  LVI:  and  after  this  only  one  lot  appears  to  have  been 
granted  at  Dolores  during  the  existence  of  the  Mission,  namely  on  Aug.  20,  1843,  by 
Sanchez,  Justice  of  the  Peace,  to  Domingo  Felis.  See  ADDENDA,  No.  LXXVIII,  page 
113.  This  grant  has  been  rejected  by  the  U.  S.  Land  Commission,  and  the  rejection  has 
become  final.  See  1  Hoffman's  Reports,  Appendix,  page  2,  No.  5,  and  page  7,  No.  46. 

6 


82  ANDRADE  AND  GUERRERO'S  ESPEDIENTES,  A.  D.  1846. 

espediente  and  grant  of  the  orchard  of  the  Mission  of  Dolores,  bear- 
ing date  May  6th,  1846.  It  contains  no  informe,  map  or  report ; 
the  claim  based  upon  it  has  been  rejected  by  the  Land  Commis- 
sion, and  the  United  States  are  now  resisting  it  in  this  Court  on  the 
ground  that  it  is  forged  and  antedated.  The  same  United  States  now 
introduce  it  in  this  case  as  a  genuine  grant,  evidently  for  the  purpose 
of  basing  upon  it  an  argument  to  the  effect  that  if  there  had  been  a 
PUEBLO  of  San  Francisco  entitled  to  four  leagues  of  land,  this  orchard 
would  have  been  included  within  those  four  leagues,  and  so  the  Gover- 
nor would  not  have  granted  it  to  Andrade.  But  besides  the  general 
answer  to  this  position,  (see  §§  80,  81,  of  this  argument,)  there  is 
another,  namely :  that  the  orchard  of  the  Mission  did  not  belong  to  the 
PUEBLO  of  San  Francisco,  but  belonged  to  the  Catholic  Bishop  of 
California,  as  a  sole  corporation  representing  the  Catholic  Church  in 
that  behalf,  and  so  was  not  grantable  to  any  private  person,  and  cer- 
tainly the  Pueblo  of  San  Francisco  had  no  interest  in  it.  Larkin  vs. 
The  United  States,  1  Hoffman's  Reports,  313 ;  Den  vs.  Hill,  1  McAllis- 
ter's Rep.  485.  See  also  Judge  Felch's  decision  in  the  case  of  Alemany, 
Bishop  of  California  vs.  The  United  States,  Claim  for  the  Mission 
Churches,  Cemeteries  and  Orchards,  confirming  to  the  Bishop,  among 
other  property,  this  very  orchard.  If  the  grant  be  genuine,  then  it 
shows  only  that  the  establishment  of  Dolores  had  fallen  so  completely 
into  decay  and  non-existence  that  its  very  orchard  was  granted  away, 
so  far  as  the  Governor  had  the  power  to  grant  it.  If,  on  the  other 
hand,  the  grant  be  a  forgery,  it  has  no  possible  bearing  upon  the  pres- 
ent case. 

A.  D.  1846.     MAY. 

GUERRERO  AND  FITCH'S  ESPEDIENTE  FOR  THE  MOUNTAIN  LAKE 
AND  LOBOS  CREEK  TRACT. 

§  122.  The  last  espediente  to  which  attention  is  called,  is  that 
numbered  578  in  Jones's  list,  and  which,  although  not  concluded 
before  the  American  conquest,  is  undoubtedly  genuine,  and  is  contained 
in  Exhibit  Hopkins,  No.  8,  ADDENDA,  No.  LXVI,  page  95.  It  is 
that  of  Henry  Fitch  and  Francisco  Guerrero  for  a  piece  of  land  em- 
bracing an  arroyo  (water-course)  suitable  for  a  mill  which  they  pro- 
posed to  erect,  and  may  be  described  generally  as  that  tract  of  land 
west  of  the  settlement  at  Yerba  Buena,  and  lying  along  the  sea-shore 
between  the  Laguna  de  Merced  (see  §  82,)  and  the  Presidio,  and  em- 
bracing the  Laguna  called  Mountain  Lake  and  the  stream  of  water 
now  commonly  called  Lobos  Creek.  The  petition  is  dated  at  Yerba 
Buena,  May  13th,  1846.  It  is  approved  by  "Jose  de  Jesus  Noe,  Just- 
"  ice  of  the  Peace  of  the  Jurisdiction  of  Yerba  Buena  "  on  the  same 
day.  The  petitioners  "  solicit  the  favor  they  ask  without  prejudice  to 
"  the  ejidos  of  the  settlement  of  Yerba  Buena  although  they  have  not 
"  yet  been  designated :  dejando  en  salvo  hasta  los  ejidos  de  la  poblacion 
"  de  Yerba  Buena  aunque  no  estan  nombrados."  Guerrero,  it  has 
already  been  seen,  had  been  Sub-Prefect  and  Justice  of  the  Peace, 
ADDENDA,  No.  XLIII,  page  62,  No.  LXV,  page  95,  and  yet  we  find 


BOUNDARIES  OF  PUEBLO  LANDS  PRECISELY  FIXED.  83 

him  in  the  month  of  May,  18.46,  and  within  less  than  two  months 
before  the  conquest  by  the  United  States,  thus  asserting,  as  against  his 
own  wishes,  the  rights  of  the  PUEBLO  of  San  Francisco  to  its  ejidos, 
its  commons  or  vacant  suburbs.  This  closes  the  record  on  that  point. 

THE    PRECEDING    GRANTS    OF    FARMING    LANDS    EFFECTUALLY   DE- 
FINED   THE    LIMITS    OF    THE    PUEBLO     LANDS. 

§  123.  I  have  now  discussed  all  the  espedientes  of  grants  of  farming 
lands  actually  made  within  or  near  the  limits  of  the  four  square  leagues 
of  land  belonging  to  the  PUEBLO  of  San  Francisco,  namely :  the  grant 
of  the  Buri-Buri  rancho  to  the  Sanchez,  §  86,  of  this  argument;  of  the 
Laguna  de  la  Merced  to  Galindo,  §  82  ;  of  San  Pedro  to  De  Haro,  §  88 ; 
of  La  Visitacion  to  Leese,  §  97  ;  of  Las  Salinas  to  Bernal,  §  102 ;  and 
of  San  Miguel  to  Noe,  §  120.  If  we  now  look  at  the  annexed  map, 
bearing  in  mind  that  the  peninsula  of  San  Francisco  is  less  than  six 
miles  in  average  breadth  until  we  reach  the  Buri-Buri,  and  compare 
this  map  with  any  of  the  official  maps  of  the  United  States,  or  more 
conveniently  with  Langley's  sectionized  map  prefixed  to  the  San  Fran- 
cisco Directory,  as  stated  in  §  30  of  this  argument,  it  will  be  found 
that  the  lands  belonging  to  the  Pueblo  of  San  Francisco  and  not  in- 
cluded in  those  grants,  all  lie  northward  of  those  grants,  and  include  a 
less  area  than  four  square  leagues ;  but  if  we  reject  the  vast  sandy 
and  other  wastes  which  occupy  so  many  square  miles  of  this  area,  as 
the  Spanish  law  rejects  them  from  the  computed  measurement,  while 
they  are  still  included  within  the  boundaries  of  the  grant  (see  §  30 
of  this  argument)  and  also  reject  the  large  tract  included  in  the  ejidos 
or  Government  Reservation  of  the  Presidio  (§119  of  this  argument ;  see 
Langley's  map,  ut  supra),  we  shall  find  the  patrimony  of  San  Francisco 
dwindling  down  to  about  one  square  league  of  land.  But  taking  this 
area  at  its  actual  superficial  measurement,  and  we  find  all  the  Pueblo 
lands  not  granted  to  the  Sanchez,  Galindo,  De  Haro,  Leese,  Bernal 
and  Noe,  as  just  mentioned,  lie  north  of  those  grants,  and  that  the 
northern  lines  of  those  grants,  extending  from  the  Pacific  to  the  Bay, 
together  with  the  water-lines  of  the  Ocean,  the  straits  and  the  Bay, 
include  a  less  area  than  four  square  leagues.  I  have  before  said 
(§§  30  and  39  of  this  argument)  that  as  San  Francisco  was  situated  on 
a  peninsula,  and  the  PUEBLO  lying  at  the  upper  end  of  it,  the  meas- 
urement must  necessarily  be  made  between  the  tide-water  limits  and' 
extending  towards  the  south.  Again,  in  §  39,  I  remarked  that  if  the 
PUEBLO  were  situated  on  an  island  containing  exactly  four  leagues 
or  less,  then  there  could  be  no  necessity  for  any  measurement  at  all, 
for  the  whole  of  it  must  belong  to  the  PUEBLO.  Now  the  late  Mexican 
Government  itself  segregated  the  PUEBLO  lands  from  the  public  do- 
main, by  granting  so  much  of  the  adjoining  public  lands  and  of  the 
Pueblo  lands  themselves,  that  less  than  the  patrimonial  four  leagues 
were  left  to  the  Pueblo.  The  surrounding  natural  limits  of  the  tide 
waters  on  the  west,  north  and  east  have  been  united  by  a  mathemati- 
cal line  defining  land-grants  of  the  Mexican  Government,  the  whole  con- 


84  GENERAL  RESULTS  OF  THE  MISSIONS. 

taining  less  than  four  leagues.  And  since  then  the  American  Govern- 
ment has  traced  its  lines  of  survey  over  the  whole  tract,  so  that  a  child 
can  see  upon  the  map  that  there  is  less  than  four  leagues  left  of  the 
Pueblo  lands,  Id  cerium  est  quod  cerium  reddi  potest.  When  a  fact 
is  patent,  what  need  of  demonstration  ? 

REVIEW  OF  THE  GENERAL  RESULTS  OF  THE  MISSION  SCHEME. 

§  124.  Before  dismissing  this  subject,  and  passing  on  to  the  great 
fact  of  the  conquest  of  California  by  the  Americans,  it  may  not  be 
inappropriate  to  a  discussion  which  has  assumed  a  synthetic,  and 
therefore  a  popular  form, — as  it  certainly  will  be  refreshing  by  way  of 
diversion, — to  contemplate  for  a  moment  the  results  which  the  pious 
kings  of  Spain  and  the  devoted  missionaries  had  attained  under  their 
plans  of  missionary  colonization.  Looking  from  a  merely  philosophi- 
cal stand-point,  let  us  contemplate  for  a  moment  the  actual  results  at- 
tained by  the  Catholic  church  militant.  We  have  already  seen  the 
wonderful  material  success  which  crowned  their  efforts  ;  §  59  of  this 
argument.  But  it  has  been  a  popular  theme  among  travellers  and 
even  foreign  residents,  to  depreciate  the  results  attained  in  point  of 
civilization  and  of  religious  instruction  ;  and  of  these  critics  Capt. 
Beechy  of  the  Royal  Navy,  and  Alexander  Forbes,  who  published  a 
work  on  California  in  1839,  are  the  most  prominent.  It  was  some- 
thing, surely,  that  over  30,000  wild,  barbarous  and  naked  Indians  had 
been  brought  in  from  their  savage  haunts,  persuaded  to  wear  clothes, 
accustomed  to  a  regular  life,  inured  to  such  light  labor  as  they  could 
endure,  taught  to  read  and  write,  instructed  in  music,  accustomed  to 
the  service  of  the  church,  partaking  of  its  sacraments,  and  indoctrinated 
in  the  Christian  Religion.  And  this  system  had  become  self-sustain- 
ing under  the  mildest  and  gentlest  of  tutilage :  for  the  Franciscan 
monks  who  superintended  these  establishments,  most  of  whom  were 
from  Spain,  and  many  of  whom  were  higjily  cultivated  men — soldiers, 
engineers,  artists,  lawyers  and  physicians,  before  they  became  Fran- 
ciscans, always  treated  the  neophyte  Indians  with  the  most  paternal 
kindness,  and  did  not  scorn  to  labor  with  them  in  the  field,  the  brickyard, 
the  forge,  and  the  mill.  1  De  Mofras,  263,  273,  353.  When  we  view 
the  vast  constructions  of  the  Mission  buildings,  including  the  churches, 
the  refectories,  the  dormitories,  the  workshops,  the  granaries,  and  the  ran- 
cherias,  sometimes  constructed  with  huge  timbers  brought  many  miles  on 
the  shoulders  of  the  Indians,  and  look  at  the  beautiful  stone  sculptures 
and  ribbed  stone  arches  of  the  church  of  the  Carmelo,  we  cannot  deny 
that  the  Franciscan  missionary  monks  had  the  wisdom,  sagacity,  and 
patience  to  bring  their  neophyte  pupils  far  forward  on  the  road  from 
barbarism  to  civilization,  and  that  these  Indians  were  not  destitute  of 
taste  and  capacity.  But  it  is  said  that  the  Indians  did  not  "  understand 
the  mysteries  of  religion  ?"  It  is  not  denied  that  they  received  them 
as  children  receive  them,  with  full  and  undoubting  faith,  and  this  mode 
of  reception  has  been  given  by  the  author  of  that  faith  as  the  highest 
test  of  its  purity  and  completeness.  But  who  does  comprehend  the 


EFFECT  OF  THE  RUIN  OF  THE  MISSIONS.  85 

"  mysteries  of  religion  ?"  Would  they  not  cease  to  be  mysteries  the 
moment  they  were  comprehended?  Does  not  "the  untutored  mind" 
of  the  "  poor  Indian  "  comprehend  them  as  well  as  the  highest  capacity 
of  the  most  enlightened  intellect  ?  It  is  enough  that  the  Franciscan 
monks  succeeded  in  all  that  they  undertook  to  accomplish.  It  matters 
not  that  the  Spanish  theory  of  the  available  capacity  of  the  Americo- 
Indian  races  for  final  self-government  and  independent  citizenship  was 
a  false  one ;  after  having  shown  that  these  people  could  be  christianized 
and  civilized  by  the  attraction  of  kindness,  and  the  imposition  of  sys- 
tematic, regular,  and  easy  tasks  while  in  a  state  of  pupilage,  the  de- 
struction of  the  Missions  of  California  seems  to  have  demonstrated  the 
converse  proposition  that  these  are  the  only  conditions  of  the  proximate 
christianization  of  these  races. 

EFFECT  OF  THE  RUIN  OF  THE  MISSIONS.  GENERAL  DEMORAL- 
IZATION AND  RUIN.  INDIAN  DEPREDATIONS.  MEXICO-CALI- 
FORNIAN  VIGILANCE  COMMITTEES. 

§  125.  But  the  result  of  the  good  effected  by  the  Missions  can  al<o 
be  determined  by  contemplating  the  effects  produced  by  their  downfall. 
The  Franciscan  Monks  were  generally  driven  out,  but  the  parish 
Priests  did  not  arrive,  so  that  the  neophytes  were  generally  left  with- 
out teachers  or  protectors,  and  the  services  of  the  church  for  the  most 
part  ceased.  1  De  Mofras,  273.  The  Mayor-Domos,  appointed  to  take 
charge  of  the  Missions,  were  often  brutal  and  illiterate  persons, — some- 
times those  who  had  been  menial  servants,  so  that  frequently  the  mis- 
sionary was  at  the  mercy  of  one  of  his  former  herdsmen.  Ib.  342,  388. 
The  few  missionaries  who  remained  were  insulted,  thwarted,  stinted  in 
their  allowance,  and,  in  some  instances,  died  of  starvation  while  minis- 
tering at  the  altar.  Ib.  303,  380,  390,  421.  Meanwhile,  the  blight 
of  demoralization  fell  upon  the  authors  of  this  ruin,  if  we  can  believe 
the  account  of  judicious  travellers  and  observers.  "At  the  same  time 
"  with  a  change  of  rulers,  the  country  was  deprived  of  the  religious 
"  establishments  upon  which  its  society  and  good  order  were  founded. 
"  Anarchy  and  confusion  began  to  reign,  and  the  want  of  authority  was 
"  everywhere  felt ;  some  of  the  Missions  were  deserted,  the  property 
"  which  had  been  amassed  in  them  was  dissipated,  and  the  Indians 
"  turned  out  to  seek  their  native  wilds."  Wilkes'  Exploring  Expedi- 
tion, vol.  V.,  page  1G2.  "This  act  (Alvarado's  regulations  of  secular- 
"ization),  brought  about  the  ruin  of  the  Missions,  and  the  property  that 
"  was  still  left  became  a  prey  to  the  rapacity  of  the  Governor,  the  needy 
"  officers,  and  the  administrador,  who  have  well  nigh  consumed  all." — 
Ib.  1 68.  "  The  administradors  have  made  themselves  and  those  by 
"  whom  they  were  appointed,  rich  upon  the  spoils  of  these  Missions." — 
Ib.  173  ;  Bryant's  California,  p.  444.  "  Nothing  can  be  in  a  worse 
"  state  than  the  lower  offices,  such  as  the  alcaldes,  etc.  They  are  now 
"  held  by  ignorant  men,  who  have  no  ideas  of  justice,  which  is  generally 
"administered  according  to  the  alcalde's  individual  notions,  as  his  feel- 
u  ings  may  be  enlisted,  or  the  standing  of  the  parties.  '  To  recover  a 


86  GENERAL  DEMORALIZATION — INDIAN   DEPREDATIONS. 

"  debt  by  legal  means,  is  considered  as  beyond  possibility,  and  creditors 
"  must  wait  until  the  debtor  is  disposed  to  pay.  Until  lately  the 
"  word  of  a  Californiun  was  sufficient  to  insure  the  payment  of  claims 
"  upon  him,  but  such  has  been  the  moral  degradation  which  has  fallen 
"  upon  the  people  since  the  Missions  have  been  robbed  by  the  author- 
"  ities,  and  the  old  priests  driven  out,  that  no  reliance  can  now  be  placed 
"  upon  their  promises,  and  all  those  who  have  lately  trusted  them  com- 
"  plain  that  engagements  are  not  regarded,  and  that  it  is  next  to  impos- 
"  sible  for  any  one  to  obtain  any  returns  for  goods  that  have  been 
"delivered." — Wilkes'  Exploring  Expedition,  V.,  page  161.  "Unfor- 
"  tunately,  a  great  number  of  circumstances  have  latterly  contributed 
"to  corrupt  the  Californians ;  contact  with  strangers,  introducing  among 
"  them  habits  of  luxury,  has  multiplied  their  necessities,  and  excited 
"  them  to  the  pillage  of  the  Missions  ;  the  disorganization  of  the  Span- 
"  ish  military  system  has  rendered  them  less  brave,  and  their  natural 
"  proclivity  for  gambling  and  drunkenness  has  increased  to  such  a  point, 
"  that  hardly  a  California!)  is  to  be  found  who  has  not  a  bottle  of  brandy 
"  in  his  saddle-bags,  with  his  fire-arms.  They  have  a  proverb  :  "  Weap- 
"  ons  for  your  enemy,  and  a  bottle  for  your  friend." — 2  De  Mofras,  22. 
"  They  are  excessively  indolent  and  learn  no  trades." — Wilkes,  Vol.  V. 
176.  "  Unfortunately,  also,  the  inhabitants  do  not  profit  wisely  by  the  spoils 
"  of  the  Missions.  The  most  of  them,  instead  of  preserving  the  cattle,  kill 
"  them  in  order  to  sell  their  hides  and  tallow  to  trading  ships ;  the  soil 
"rests  untilled,  for  hardly  any  one  but  the  Indians  cultivate  it." — 1  De 
Mofras,  321.  "Agriculture,  and  the  rearing  of  cattle,  form  the  princi- 
"  pal  wealth  of  California ;  but  these  sources  of  prosperity  are  dimin- 
"  ishing  every  day,  on  account  of  the  revolutionary  condition  of  the 
"  country,  and  the  dispersion  of  the  Indians  of  the  Missions." — Ib.  469. 
"  The  Indians  told  me  of  the  outrages  they  endured  from  the  whites, 
"who  deprived  them  of  the  few  cattle  which  had  been  given  to  them, 
"and  pastured  their  own  flocks  upon  the  small  patches  of  ground 
"  which  had  been  assigned  to  the  neophytes  for  cultivation.  '  You  see,' 
"  said  they,  '  how  miserable  we  are ;  the  Fathers  can  no  longer  protect 
"  us,  and  the  civil  authorities  themselves  pillage  us.  Is  it  not  pitiable 
"  to  see  them  tear  from  us  those  Missions  which  we  have  built,  those 
"  immense  herds  gathered  by  our  care,  and  to  be  ourselves  and  our 
"  families,  exposed  to  the  worst  of  treatment  ?  Shall  we  then  be  guilty 
"  if  we  defend  ourselves,  and  if,  when  we  return  to  our  tribes  in  the 
"  Tulares,  we  take  all  the  cattle  that  follow  us  ?' " — Ib.  345.  This 
plan  of  specific  vengeance  was  soon  put  into  execution.  The  neo- 
phytes, outraged  in  every  form,  generally  returned  to  their  native  tribes 
among  the  Tulares,  a  vast  valley  at  the  head  of  the  river  San  Joaquin.* 
Hardly  a  night  passed  in  which  a  raid  did  not  take  place  from  these 
Indians,  who,  knowing  the  country  intimately,  speaking  both  Spanish 

*  NOTE. — The  natives  when  first  seen  by  Father  Junipero  were  naked,  and  knew 
nothing  of  clothes.  Vida  de  Junipero  Serra,  Chap.  XLIV.  When  a  neophyte  deserted 
a  Mission  and  went  back  to  his  native  tribe,  he  signified  his  apostacy  by  taking  off  and 
throwing  away  his  shirt,  and  so  returned  to  his  people  in  the  same  nude  condition  in 
which  he  left  them. 


MEXICO-CALIFORNIAN  VIGILANCE  COMMITTEES.  87 

and  their  own  native  dialect,  and  being  expert  horsemen,  descended 
upon  the  Missions  and  settlements,  sweeping  off  herds  of  horses  and 
cattle,  and  sometimes  carrying  into  captivity  the  wives  and  daughters 
of  the  whites.  These  latter  often  retaliated  by  excursions  into  the 
Indian  country,  in  which  whole  villages  were  devoted  to  slaughter, 
rapine  and  burning,  by  the  wild  and  indiscriminate  fury  of  revenge. — 
1  De  Mofras,  347,  414;  Wilkes'  Exploring  Expedition,  Vol.  V.,  173, 
174.  One  of  the  last  acts  of  the  Departmental  Assembly  of  Califor- 
nia in  1846,  was,  on  April  29th,  to  receive  a  memorial  from  the  inhab- 
itants of  San  Jose  complaining  that  their  lives  and  property  were  in 
jeopardy  from  the  attacks  of  the  savages,  and  to  provide  ways  and 
means  for  a  campaign  against  the  Indians.  California  Archives,  Legis- 
lative Records,  Vol.  IV  p.  672.  To  crown  these  calamities,  Governor 
Micheltorena,  who  had  come  up  from  Mexico  as  a  counter-revolution- 
ary governor,  had  brought  with  him  an  army  of  three  hundred  soldiers, 
which  army  was  formed  by  taking  that  number  of  convicts  from  the 
prisons  of  Mexico.  1  De  Mofras,  311,  312.  See  Santa  Anna's  order 
for  this  enlistment,  El  Observador  Judicial  y  de  Legislacion,  A.  D.  1842, 
Vol.  I  p.  372.  A  large  number  of  these  convict  soldiers  were  left  in 
California,  from  desertion  and  other  causes,  and  began  to  commit  acts 
of  rape,  rapine,  robbery,  mutilation  and  murder,  upon  the  inhabitants, 
who  often  organized  parties  of  horsemen,  hunted  these  outlaws  with 
lassos,  and  put  them  to  death  like  wild  beasts.  Vigilance  Committees 
in  California  are  therefore  a  tradition  of  the  Mexico-Californian  regime 
— a  scion  grafted  on  a  more  vigorous  stock.  But  even  this  did  not 
avert  the  ruin  of  the  Province,  which  resulted  from  the  destruction  of 
the  Missions,  and  this  was  the  deplorable  condition  of  California  on 
the  eve  of  its  conquest  by  the  Americans.  If  we  ask,  where  are  now 
the  30,000  christianized  Indians  who  once  enjoyed  the  beneficence  and 
created  the  wealth  of  the  twenty-one  Catholic  Missions  of  California, 
and  then  contemplate  the  most  wretched  of  all  want  of  systems  which 
has  succeeded  them  under  our  own  Government,  we  shall  not  withhold 
our  admiration  from  those  good  and  devoted  men  who  with  such  wisdom, 
sagacity,  and  self-sacrifice,  reared  these  wonderful  institutions  in  the 
wilderness  of  California.  They,  at  least,  would  have  preserved  these 
Indian  races,  if  they  had  been  left  to  pursue  unmolested  their  work  of 
pious  beneficence. 

A.  D.  1846,  1849. 

THE  UNITED  STATES  CONQUER    CALIFORNIA,  BUT  CONTINUE  ITS 
CIVIL  ORGANIZATION. 

§  126.  The  conquest  of  that  portion  of  California  which  includes 
San  Francisco  took  place  on  July  8th,  1846,  and  following  the  principle 
heretofore  alluded  to,  ante  §  54,  that  the  civil  institutions  of  a  country 
are  not  overturned  by  the  change  of  sovereign  or  political  authority, 
Alcaldes  were  at  once  appointed  for  the  PUEBLO  of  San  Francisco, — 
those  then  in  office  having  retired,  it  is  presumed.  See  ADDENDA, 
No.  LXXVII,  page  111  ;  Executive  Doc.  No.  17,  House  of  Reps.  1st 
Sess.  31st  Con.  pp.  452,  494,  499.  So  a  Prefect  and  Judges  of  First 


88  CALIFORNIA  CONQUERED  BY  THE  UNITED  STATES, 

Instance  were  appointed  for  the  District ;  Ibid.  797,  832  ;  and  a  Supe- 
rior Tribunal  of  Justice  appointed  on  the  Mexico-Californian  basis. 
Ibid.  807,  808,  820,  821,  827.  Everything  proceeded  as  if  the  civil 
institutions  of  California  had  not  lapsed,  but  still  existed  complete  in 
form  and  vigor. 

A.  D.  1847.     MARCH. 

GENERAL  KEARNY,  MILITARY  GOVERNOR  OF  CALIFORNIA,  RECOG- 
NIZES THE  CORPORATE  TOWN  OF  SAN  FRANCISCO,  AND  GRANTS 
IT  BEACH  AND  WATER  LOTS. 

§  127,  California  had  not  been  a  year  in  the  possession  of  the 
Americans,  when  General  Kearny,  the  Military  Governor  of  the 
Department,  on  the  tenth  day  of  March,  A.  D.  1847,  made  a  grant  to 
the  Town  of  San  Francisco  of  all  the  Beach  and  Water  Lots  lying  on 
the  east  front  of  the  town,  between  the  points  known  as  the  "  Rincon  " 
and  "  Fort  Montgomery,"  being  the  "  Rincon  Point "  and  a  Point 
opposite  the  dotted  line  running  east  from  the  Presidio,  as  both  are 
indicated  on  the  accompanying  map.  Those  who  came  to  San  Fran- 
cisco as  late  as  the  Fall  of  1849  will  remember  an  open  battery  on  a 
high  terrace  cut  down  in  the  face  of  the  cliff  at  the  latter  point,  which 
gave  its  name  to  "  Battery  Street"  whose  lines  passed  through  it.  "  Beach 
and  Water  Lots," — lands  overflowed  by  the  ordinary  tides — belong  to 
the  Sovereign  of  a  country.  Pollard  v.  Hagan,  3  Howard,  U.  S.  Rep. 
Formerly  these  lots  in  question  belonged  to  Mexico ;  when  they  were  con- 
quered from  Mexico, they  belonged  to  the  United  States;  when  California 
was  erected  into  a  Sovereign  State  they  belonged  to  her  as  appurtenant 
to  her  sovereignty,  and  she  granted  them  to  the  City  of  San  Francisco. 
California  Statutes  of  1851,  page  307,  Chap.  41.  But  on  March  10th, 
1847,  these  Beach  and  Water  Lots  in  question  undoubtedly  belonged 
to  the  United  States,  and  General  Kearny,  being  the  Governor  of 
California,  and  either  having  the  right,  or  supposing  that  he  had  the 
right  to  grant  them,  did  assume  to  grant  them  to  the  "  Town  of  San 
Francisco."  See  the  grant,  ADDENDA,  No.  LXXII,  page  104.  It  is 
remarkable  that  Governor  Kearny  uses  every  form  of  description 
which  could  be  conveniently  employed  to  designate  the  grantees  with 
the  greatest  certainty :  "  Do  hereby  grant,  convey  and  release  to  the 
Town  of  San  Francisco,  the  people  or  corporate  authorities  thereof 
all  the  right,"  etc.,  etc.  Governor  Kearny  was  no  lawyer,  but  he  may 
have  been  told  that  Mexican  PUEBLOS  were  not  full  corporations  but 
only  quasi-corporations,  as  was  probably  true,  and  so  may  have  feared 
that  a  grant  to  the  "  corporate  authorities  "  would  not  have  been  effect- 
ual. But  his  own  good  sense  doubtless  suggested  to  him  that  the 
"  people  "  of  the  town  really  constituted  the  corporation,  [5  Abbott 
Pr.  Rep.  325,]  and  that  if  he  used  every  significant  term  of  descrip- 
tion some  of  them  must  work  effectually  to  vest  the  lands  granted  to 
the  "  Town."  Be  this  as  it  may,  this  grant  or  attempted  grant  shows 
conclusively  that  the  then  Governor  of  California  recognized  a  Town  or 
Pueblo  of  San  Francisco,  and  that  this  town  was  not  the  miserable 
ruined  Indian  hamlet  at  the  Mission  of  Dolores,  but  was  the  Mexico- ' 


WHOSE   AUTHORITIES  RECOGNIZE  THE  PUEBLO.  89 

Californian  PUEBLO   theretofore  known  as   San   Francisco  or  Yerba 
Buena. 

A.  D.  1849.     MARCH. 

THE  CITIZENS  OF  SAN  FRANCISCO  INSTITUTE  A  DISTRICT  LEGIS- 
LATURE. 

§  128.  Nearly  two  years  had  elapsed  since  the  conquest  of  Cali- 
fornia by  the  Americans,  the  gold  mines  had  been  discovered,  the 
Pueblo  of  San  Francisco  had  attained  a  population  of  10,000  to  15,000, 
and  still  had  no  Municipal  government  except  that  of  Alcaldes.  There 
was  no  Town-Council,  no  representative  or  deliberative  local  legisla- 
ture, and  meanwhile  no  modern  city  ever  stood  in  greater  need  of  a 
strong  and  efficient  local  government,  based  directly  upon  public  opinion, 
responsible  to  it,  and  controlled  by  it.  The  inhabitants  of  San  Fran- 
cisco, with  that  executive  instinct  of  self-government  and  self-preserva- 
tion which  first  challenged  the  wonder  of  the  civilized  world  and 
afterwards  won  its  approbation,  determined  that  they  would  have  a 
responsible  and  representative  government.  Accordingly  they  orga- 
nized a  "  District  Legislature  "  or  "  Legislative  Assembly,"  an  elective 
body,  with  a  Speaker  and  Clerk,  proceeding  according  to  the  Anglo- 
Saxon  Legislative  and  Parliamentary  Law,  assuming  to  supersede  all 
other  local  officers.  See  ADDENDA,  No.  LXXIII,  pages  104,  105, 
106,  107.  That  the  citizens  of  San  Francisco  who  thus  undertook  to 
supersede  the  established  local  authorities,  acted  in  good  faith,  cannot 
be  doubted,  for  on  the  10th  March  immediately  ensuing,  they  reported 
all  that  they  had  done  to  Major  General  Persifer  F.  Smith,  Command- 
ing the  Pacific  Division  U.  S.  Army.  Executive  Doc.  1st  Sess.  31st 
Cong.  House  of  Reps.  No.  17,  pages  732,  etc.  General  Smith,  (now 
long  deceased,)  who  had  been  a  lawyer  before  he  entered  the  Military 
service  of  the  United  States,  instead  of  assenting  to  the  projects  of  the 
Legislative  Assembly,  mildly  suggested  to  them  that  the  municipal  (or 
civil)  laws  of  California  had  not  been  changed  by  the  conquest,  and 
that  the  "  Legislative  Assembly  "  was  a  body  wholly  unknown  to  the 
law.  Executive  Doc.  No.  17,  1st  Sess.  31st  Congress,  House,  pages 
735,  etc.  See  §  54  of  this  argument. 

GOVERNOR  RILEY,  MILITARY  GOVERNOR,  REPUDIATES  THE  "  LEG- 
ISLATIVE ASSEMBLY  OF  SAN  FRANCISCO." 

§  129.  Governor  Riley,  the  Military  Governor  of  California,  hav- 
ing higher  powers  than  Major  General  Smith,  who  only  remonstrated 
against  the  creation  of  the  "  District  Legislature  of  San  Francisco  "  as 
stated  in  the  next  preceding  §  128  of  this  argument,  and  probably 
being  fully  advised  on  the  points  of  law  involved  in  the  discussion,  did 
not  hesitate  at  once  to  repudiate  the  action  of  the  citizens  of  San  Fran- 
cisco in  constituting  a  "District  Legislature."  On  June  4th,  1849,  he 
issued  his  proclamation  in  that  regard.  See  ADDENDA,  No.  LXXIV, 
page  107.  I  have  entitled  that  ADDENDA  as  follows :  "  Governor 
Riley,  Military  Governor  of  California,  DENOUNCES  '  the  Legislative 


90  AYUNTAMIENTO  OF  THE  PUEBLO  RESTORED. 

Assembly  of  San  Francisco.'"  But  here  the  "facilitas  utriusque  lin- 
guae "  for  a  moment  misled  me.  For  the  Spanish  word  denunciar  has 
not  the  strong  force  of  our  English  word  "  to  denounce,"  but  rather 
the  milder  sense,  "  to  indicate,  to  publish,  to  make  known."  Thus 
Salva.  Diccionario  Espaiiol,  in  verbo :  "  Denunciar :  Noticiar ;  avisar 
alguna  cosa;  prognosticar  algo;  promulgar;  publicar  solemnente  alguna 
cosa.  PROMULGARE."  So  that  when  it  was  said  that  Governor  Riley 
"DENOUNCED"  the  Legislative  Assembly  of  San  Francisco,  it  was 
simply  meant  that  he  DISAPPROVED  of  it;  for,  instead  of  threatening 
to  hang  or  shoot  the  members  of  the  Legislative  Assembly  as  malefac- 
tors, he  merely  notified  them  that  they  had  mistaken  their  remedy  or 
means  of  relief.  See  ADDENDA,  No.  LXXIV,  page  107,  over  date  of 
June  4th,  1849. 

GOVERNOR  RILEY,  UNITED  STATES  MILITARY  GOVERNOR  OF  CAL- 
IFORNIA, RESTORES  THE  AYUNTAMIENTO  OF  THE  PlJEBLO  OF  SAN 

FRANCISCO. 

§  130.  But  on  the  very  next  day,  June  5th,  1849,  (and  perhaps 
accompanying  it  in  the  same  envelope,  with  that  admirable  considera- 
tion which  is  la  politesse  des  superieurs)  the  Governor  transmitted  to 
some  of  these  same  gentlemen  of  the  Legislative  Assembly  together 
with  others,  an  order  for  the  election  of  an  Ayuntamiento  of  the  Pue- 
blo or  Town  of  San  Francisco,  indicating  that  that  was  the  legal  and 
perfectly  adequate  mode  of  relieving  the  existing  pressure  upon  the 
inhabitants  of  that  Pueblo.  See  ADDENDA,  No.  LXXV,  page  108. 
This  admirable  document  sets  forth  in  the  most  condensed,  and  yet  in 
the  clearest  manner,  the  rights  of  the  PUEBLO  to  a  representative  and 
deliberative  local  legislature,  (ADDENDA,  No.  LXXV,  page  109,  and 
§§  47,  90,  92,  of  this  argument,)  and  also :  IF  1st,  the  police,  administra- 
tive and  fiscal  powers  of  the  Ayuntamiento ;  Ibid,  IF  2  :  2dly,  the  right 
of  the  Ayuntamiento  to  grant  building  lots  ;  Ibid,  IF  3  :  ante  §  83  of  this 
argument ;  3dly,  the  inviolability  and  inalienability  of  the  ejidos  ;  Ibid, 
IF  3 :  ante  §  14  of  this  argument,  and  4thly,  that  all  elections  should 
be  duly  certified,  transmitted  to  the  Governor,  and  receive  his  approval. 
Ibid,  IF  4.  Thus  the  familiar  principle  of  the  law  of  nations,  and  of 
all  Public  Law,  was  formally  and  properly  recognized,  and  well 
expressed,  namely,  that  when  a  country  is  conquered,  the  laws  regulat- 
ing the  rights  and  relations  of  citizens  towards  each  other,  and  the 
rights  of  property,  remain  unchanged.  See  §§  54,  84,  of  this  argu- 
ment. And  here  again  we  see  that  in  June,  1849,  the  Military  Amer- 
ican Governor  of  California,  was  fully  impressed  with  the  notion  that 
the  PUEBLO  of  San  Francisco  existed,  and  that  it  had  a  proprietary 
right  to  grant  lands,  which  it  could  not  have  had  unless  they  belonged 
to  it.  How  remarkable  it  is,  that  all  the  Mexico-Californian  Govern- 
ors and  Legislatures,  and  after  them  the  Americo-Californian  Govern- 
ors and  Secretaries  of  State  should  have  been  mistaken  in  this  res- 
pect,— IF  IT  WAS  A  MISTAKE  !  That  this  Ayuntamiento  thus  ordered 
by  Governor  Riley  to  be  instituted  was  elected,  organized,  and  went 


THE  PUEBLO  RECOGNIZED  BY  THE  LEGISLATURE,  A.  D.  1850.      91 

into  operation  is  very  evident  from  public  history,  a  condensed  resume 
of  which  is  found  in  No.  LXXVII,  pages  111,  112,  of  the  ADDENDA, 
prepared  by  the  present  very  efficient  City  Clerk,  who  anticipated  me 
in  compiling  that  list;  and  also  from  the  more  convincing  fact, 
that  the  present  citizens  of  San  Francisco  are  now  submitting  to  annual 
taxation  for  the  purpose  of  paying  the  debts  created  by  that  same  Ay- 
untamiento  or  Town  Council,  under  the  pressing  necessity  of  providing 
instantly  for  the  Town  Halls,  Court-rooms,  jails,  streets,  and  sewers 
required  by  a  WHOLE  NATION  of  civilized  people,  set  down  bodily  and 
at  once  on  the  sandy  slopes  of  the  old  PUEBLO  of  San  Francisco. 
The  United  States  kindly  concedes  that  we  may  pay  the  debts  of  the 
ancient  PUEBLO  OF  SAN  FRANCISCO,  but  endeavors  to  confiscate  the 
lands  of  that  PUKBLO.  Is  this  the  definition  of  a  paternal  government  ? 
The  old  caducous  government  of  Mexico  would  at  least  have  let  us 
alone.  This  Ayuntamiento  thus  ordered  to  be  elected  by  Governor 
Riley,  and  thus  elected  and  organized,  was  on  January  llth,  succeeded 
by  another  Ayuntamiento,  elected  on  the  same  Hispano-Californian 
basis,  which  held  office  from  January  llth  to  May  8th,  1850.  See 
ADDENDA,  No.  LXXVII,  page  112. 

A.  D.  1850.     APRIL. 

THE  LEGISLATURE  OF  CALIFORNIA  RECOGNIZES  THE  PUEBLO  OF 
SAN  FRANCISCO. 

§  131.  On  the  15th  of  April,  1850,  the  legislature  of  California 
raised  San  Francisco  to  the  dignity  of  a  City.  See  An  Act  to  incor- 
porate the  City  of  San  Francisco,  Laws  1850,  chap.  98,  page  223. 
If  the  inhabitants  had  theretofore  been  only  a  gmm-corporation,  they 
then  became  a  full  corporation,  with  all  the  powers  belonging  to  such 
institutions.  By  the  same  act,  page  229,  §  11,  the  Legislature  declare 
that  on  the  day  when  that  City  Charter  should  go  into  effect,  "  all  the 
"  powers  and  functions  of  Prefect,  Sub-Prefect,  Alcaldes,  Second  Al- 
"  caldes,  the  Ayuntamiento,  and  all  other  officers  whatsoever,  hereto- 
"  fore  exercising  authority  in  the  MUNICIPAL  GOVERNMENT  OF  THE 
"  PUEBLO  OF  YERBA  BUENA  OR  SAN  FRANCISCO,  or  City  of  San 
"  Francisco,  shall  cease  and  determine."  This  demonstrates  the  fact 
that  in  less  than  three  years  after  the  conquest  by  the  Americans,  the 
Legislature  of  California  believed  that  there  was  an  organized  PUEBLO 
of  Yerba  Buena  or  San  Francisco.  In  §  1,  page  223,  of  the  same  act, 
the  Legislature  fix  the  corporate  limits  of  the  City,  which,  on  consult- 
ing the  map,  we  find  did  not  include  the  whole  of  the  MISSION  OF 
DOLORES.  In  the  same  section  is  a  provision  that  the  fixing  of  these 
boundaries  shall  not  "  be  construed  to  divest  or  in  any  manner  preju- 
dice any  right  or  "  privilege  to  which  the  City  of  San  Francisco  may 
be  entitled  beyond  "  the  limits  above  described."  These  declarations 
establish  two  facts : 

FIRST:  That  although  the  Legislature  recognized  the  PUEBLO  OF 
SAN  FRANCISCO,  they  did  not  imagine  that  it  was  located  at  the  MIS- 
SION OF  DOLORES,  for  when  they  raised  the  PUEBLO  to  the  rank  of  a 


92  GENERAL  RECOGNITION  OF  THE  PUEBLO. 

City,  they  did  not  include  all  of  the  Mission  of  Dolores  within  its  boun- 
daries. 

SECONDLY:  That  the  Legislature  "had  heard"  of  some  claim  of 
the  PUEBLO  of  San  Francisco  to  lands  situate  beyond  the  limits  pre- 
scribed for  the  new  incorporation.  It  was  only  years  afterwards  that 
counsel  were  found  bold  enough  to  assert  that  "  nobody  had  ever  heard 
of  such  a  claim." 

THE  AUTHORITIES,  THE  CITIZENS,  AND  THE  LEGISLATURE  HAVE 
FAITH  IN  A  PUEBLO  OF  SAN  FRANCISCO. 

§  132.  Meanwhile  the  Ayuntamiento  of  San  Francisco,  supposing 
that  they  had  the  ownership  in  trust  of  the  Pueblo  lands,  proceeded  to 
execute  the  Legislative  enactment  of  the  Cortes  of  Spain  of  January 
4th,  1813,  ordering  the  Pueblo  lands  to  be  sold,  (see  ante  §  52  of  this 
argument,  ADDENDA,  No.  XI,  page  21,)  and  at  various  dates  in  the 
years  1849  and  1850  a  large  portion  of  those  lands  was  exposed  for 
sale  at  public  auction  by  the  authorities  of  the  Pueblo,  and  pub- 
licly sold,  the  proceeds  of  which  were  paid  into  the  treasury  of  the 
Municipality.  See  Wheeler's  Land  Titles,  which  are  in  evidence  in 
the  case  by  stipulation.  And  afterwards,  when  the  new  city  found 
itself  in  debt,  and  was  struggling  to  regain  its  credit,  its  Common 
Council  created  a  "  Board  of  Commissioners  of  the  Sinking  Fund  of 
the  City  of  San  Francisco,"  to  whom  the  most  valuable  of  these  lands 
were  conveyed,  in  the  hope  that  on  the  credit  of  their  hypothecation 
a  fund  might  be  created,  upon  which  the  debt  of  the  city  might  be 
funded  for  a  period  of  years,  and  thus  delayed  until  it  could  be  grad- 
ually liquidated  from  the  resources  created  by  these  lands  and  the  an- 
nual revenue  of  the  city.  See  the  history  of  this  plan,  Smith  v. 
Morse,  2  California  Reports,  524.  When  this  plan  proved  ineffectual, 
another  device  was  successfully  adopted,  namely  :  to  fund  the  existing 
city  debt  on  a  credit  of  twenty  years,  pledging  to  the  payment  of  its 
annual  interest  and  of  $50,000  annually  to  its  Sinking  Fund  a  first 
lien  on  all  the  revenues  of  the  city  derived  from  taxation,  and  also  all 
those  Pueblo  lands  theretofore  conveyed  to  the  Commissioners  of  the 
Sinking  Fund,  who  were  required  to  convey,  and  did  convey  them  to 
the  "  Commissioners  of  the  Funded  Debt"  created  for  that  purpose. 
See  Laws  of  California  for  1851,  Chap.  88,  page  387,  and  page  390, 
§  12  of  "An  A.ct  to  authorize  the  Funding  of  the  Floating  Debt  of  the 
City  of  San  Francisco,  and  to  provide  for  the  payment  of  the  same," 
passed  May  1st,  1851.  It  is  a  matter  of  history  that  under  that  Act 
the  Commissioners  of  the  Funded  Debt  sold  a  vast  quantity  of  real 
estate,  constituting  a  large  portion  of  the  current  titles  to  land,  to 
which  there  is  no  title  at  all  in  the  hands  of  these  grantees,  immediate 
and  derivative,  except  that  derived  from  the  CITY  OF  SAN  FRAN- 
CISCO. See  Wheeler's  Land  Titles  in  evidence  ut  supra.  And  even 
as  late  as  the  year  1862  the  Legislature  of  California,  by  "  An  Act  to 
authorize  the  Commissioners  of  the  Funded  Debt  of  the  Cityvof  San 
Francisco  to  compromise  and  settle  certain  claims  to  real  estate,  and  to 


GENERAL  SUMMARY  OF  THE  FACTS.  93 

convey  such  real  estate  pursuant  thereto,"  passed  April  14th,  1862, 
Laws  1862,  chap.  CCIII,  page  217,  and  held  to  be  constitutional  in 
Babcock  v.  Middleton,  20  California  Reports,  643,  referred  to  and 
adopted  these  conveyances  of  Pueblo  lands  to  the  Commissioners  of 
the  Funded  Debt  as  a  source  of  title.  Can  it  be  possible  that  all  the 
constituted  authorities  of  Spain,  Mexico  and  California,  for  a  period 
of  more  than  two  hundred  and  sixty  years,  have  been  afflicted  with  a 
persistent,  pestilent  and  noxious  ignorance  on  the  subject  of  PUEBLO 
LANDS  ? 

§  133.  In  the  years  1851-52  the  creditors  of  the  city,  who  had  ob- 
tained judgment  on  their  claims,  issued  executions  upon  their  judgments, 
and  levied  upon  these  same  PUEBLO  lands,  as  if  they  were  the  prop- 
erty of  the  city,  and  exposed  them  for  sale  by  the  Sheriff.  Such  sales 
were  restrained  by  injunction  from  the  District  Court,  upon  the  very 
ground  assumed  by  the  authorities  of  California  under  the  Mexican 
regime,  that  the  lands  were  held  in  trust  for  the  citizens  of  the  Pueblo. 
§§  80,  81,  of  this  argument,  and  which  propositions  were  ten  years  after- 
wards sustained  by  the  Supreme  Court  of  California,  in  the  case  of 
Hart  v.  Burnett,  15  California  Reports.  See  City  of  San  Francisco 
vs.  Le  Roy,  case  No.  597,  4th  District  Court ;  City  of  San  Francisco 
vs.  Dunbar,  case  No.  598,  in  the  same  Court.* 

RECAPITULATION    OF    THE   ARGUMENT. — PROPOSITIONS    OF   THE 

CLAIMANTS. 

§  134.     From  the  preceding  narrative  argument  we  infer  : 

1-  That  each  Hispano-American  Pueblo  consisting  of  ten  or  more 
married  male  heads  of  families,  was  entitled  to  four  leagues  of  land 
as  a  part  of  the  patrimony  of  the  Pueblo.     See  §§  28,  29,  of  this  argu- 
ment. 

2-  That  such  four  leagues  of  land  were  to  be  measured  in  a  square 
or  prolonged  form,  taking  the  centre  of  the  Plaza  or  Public  Square  of 

*  It  is  very  commonly  said  that  tlie  city  has  always  been  unsuccessful  in  its  litiga- 
tions. The  litigation  of  a  municipal  corporation  is  always  of  a  special  and  troublesome, 
and  generally  of  a  difficult  character.  With  some  considerable  experience  in  that 
respect,  I  may  be  permitted  to  say  that  the  City  of  San  Francisco  has  been  faithfully 
served  by  its  official  servants  in  the  conduct  of  its  law  business.  Col.  Holt,  the  first 
City  Attorney  under  the  charter,  was  eminently  successful  in  the  management  of  the 
vast  litigation  which  the  city  inherited  as  a  portion  of  its  birthright ;  and  there  is  probably 
not  one  of  his  successors  who  can  be  justly  accused  of  remissness  in  the  discharge  of 
his  duties.  If  I  may  be  permitted  to  make  a  grateful  suggestion  for  the  benefit  of  a  city 
to  whose  kindness  I  owe  so  much,  it  is  that  the  law  business  of  the  city  can  never  be 
perfectly  and  systematically  managed  until  the  office  of  City  Attorney  and  Counsel  is 
elevated  into  a  DEPARTMENT,  with  its  Bureau  in  the  City  Hall,  and  its' records  as  com- 
plete and  in  as  permanent  a  form  as  those  of  any  other  public  office.  Then  an  era  of 
confusion  would  not  attend  every  change  in  the  personnel  of  the  office,  and  the  actual 
incumbent  would  always  have 'at  his  command  properly  arranged,  digested  and  in- 
dexed, all  the  information  belonging  to  his  Department,  and  a  reliable  history  of  every 
law  suit  in  which  the  city  had  ever  been  engaged.  Yet  those  litigating  against  the  city 
are  evidently  interested  in  having  the  municipality  inadequately  defended  in  its  litiga- 
tion, and  the  clamor  of  economy  raised  by  them  will  probably  always  prevent  the  proper 
means  being  adopted  for  the  coinpletest  vindication  of  the  rights  of  the  city  in  the  courts. 


94  GENERAL  SUMMARY  OF  THE  FACTS. 

the  PUEBLO  as  a  starting  point,  but  that  if  the  sea,  mountains,  marshes 
or  other  wastes  intervened,  the  measurement  was  to  be  taken  in 
some  other  convenient  direction ;  and  if  waste  or  other  useless  lands 
were  still  found  to  be  within  the  boundaries,  they  were  to  be  included 
within  the  lines  of  the  survey,  but  not  to  be  computed  in  the  calculation 
of  the  area.  See  §§  28,  30,  of  this  argument. 

(3-  That  the  conformation  of  the  peninsula  of  San  Francisco  is  such 
that  there  could  be  only  one  possible  parallel  of  latitude,  which,  with 
the  water  line  surrounding  the  peninsula,  would  include  the  four  leagues 
belonging  to  the  PUEBLO,  and  therefore  it  was  not  necessary  that  that 
line  should  be  actually  surveyed.  Id  cerium  est  quod  cerium  reddi 
potest.  But  that  afterwards  the  Mexican  Government  made  such  grants 
of  adjoining  lands  that  there  is  left  for  the  PUEBLO  less  than  the  four 
leagues  to  which  she  is  entitled,  and  the  superior  authorities  have 
therefore  segregated  what  is  left  as  belonging  to  the  Pueblo,  and  so  re- 
duced that  area  to  certainty.  See  §§  30,  39,  123  of  this  argument. 

4:-  That  said  four  leagues  of  land  were  capable  of  being  divided 
into  solares  or  building  lots,  suertes  or  sowing  lots,  propios  or  lands  to 
be  rented  for  Municipal  Revenue,  ejidos  or  commons,  and  dehesas  or 
the  large  cattle  pasture  ;  but  that  such  division  was  decided  by  con- 
venience solely,  and  that  the  right  of  PUEBLOS  to  these  four  leagues 
of  land  did  not  depend  upon  the  division  being  actually  made.  See 
§§  10,  11,  14,  15,  16  of  this  argument,  and  ADDENDA  No.  L,  page  71, 
title  "Municipal  Funds  and  Revenue." 

£>_  That  the  PRESIDIOS  were  recognized  as  PUEBLOS,  and  that 
such  PRESIDIAL-PUEBLOS,  equally  with  other  PUEBLOS,  were  entitled 
to  their  four  leagues  of  land,  to  be  measured  in  the  same  manner.  See 
§  44  of  this  argument,  and  ADDENDA  No  VIII,  page  17. 

©_  That  San  Francisco  was  founded  in  1776,  as  a  Hispano- 
American  PRESIDIAL-PUEBLO,  with  eighteen  married  male  soldiers 
and  seven  married  male  colonists,  and  so  as  such  PUEBLO  was  entitled 
to  four  square  leagues  of  land.  See  §§  34  and  44  of  this  argument. 
[The  words  "  siete  pobladores  tambien  casados  y  con  familias,  seven 
settlers  also  married  and  with  families."  are  not  translated  in  section 
44.]  That  its  population  in  1825  approached  the  number  of  500 
inhabitants,  ante  §  55,  and  was  never  reduced  below  the  "  ten  male 
married  heads  of  families  "  which  entitled  it  to  four  square  leagues  of 
land ;  even  if  it  were  conceded  that  such  a  reduction  would  work  a 
forfeiture  of  the  vested  rights  of  the  Pueblo  to  its  lands,  which  we  do 
not  concede.  See  §§  28,  34, 73,  and  ADDENDA  No.  LXXVI,  page  110. 

T*..  That  it  was  an  organic  feature  in  the  Jlispano- American  system 
of  administration  that  populations  existing  in  settlements  should  be 
governed  by  representative  and  deliberative  municipal  bodies  called 
AYUNTAMIENTOS  or  Common  Councils  ;  that  towns  of  a  certain  popu- 
lation were  entitled  to  have  Ayuntamientos  of  their  own,  as  a  matter 
of  course  ;  but  that  if  populations  were  too  small  to  be  each  entitled 
to  an  Ayuntamiento  of  its  own,  they  were  either  joined  together  to  form 
an  AGGREGATED  AYUNTAMIENTO,  or  were  attached  to  some  PUEBLO 
which  had  an  Ayuntamiento  of  its  own.  See  §  47  of  this  argument. 


GENERAL  SUMMARY  OF  THE  FACTS.  95 

8-  That  in  the  autumn  of  the  year  1834,  an  Ayuntamiento  was 
organized  at  San  Francisco  for  the  PARTIDO  OF  SAN  FRANCISCO, 
including  small  neighboring  populations,  that  is  to  say,  an  Ayunta- 
miento Aggregate,  and  that  this  AYUNTAMIENTO  AGGREGATE  was 
elected,  organized,  and  entered  upon  the  discharge  of  its  functions. 
See  §§  47,  70,  71  of  this  argument. 

0-  That  immediately  afterwards  it  was  discovered  that  the  PUEBLO 
of  San  Francisco  had  a  population  sufficient  to  entitle  it  to  an  Ayunta- 
miento of  its  own,  and  thereupon  an  Ayuntamiento  of  the  PUEBLO 
was  organized,  to  which  the  population  of  Contra  Costa  was  for  awhile 
attached ;  namely,  a  COMPOSITE  AYUNTAMIENTO,  which  superseded 
the  Ayuntamiento  of  the  PARTIDO.  See  §§  47,  72,  74,  76,  77  of  this 
argument. 

1O-  That  the  PUEBLO  of  San  Francisco  was  a  fully  organized 
body  politic  and  CORPORATE,  and  that  it  and  its  Ayuntamiento  not 
only  claimed  to  be  such,  but  were  repeatedly  recognized  as  such  by  the 
Governor,  the  Departmental  Legislature,  and  by  the  citizens  of  Cali- 
fornia. See  §§  77,  82,  83,  84,  87,  88,  96,  100,  110,  112,  120,  122  of 
this  argument. 

11.  That  this  Ayuntamiento  of  the  Pueblo  of  San  Francisco 
possessed  the  power  to  grant,  and  did  grant  lands  for  building  lots, 
which  it  could  not  do  unless  the  PUEBLO  OF  SAN  FRANCISCO  was  a 
body  politic  and  corporate,  and  the  owner  of  such  lands.  See  §§  83,84, 
87,  98,  100,  and  ADDENDA  No.  LXXVIII,  pages  113,  114,  of  this 
argument.  That  no  measurement  of  those  four  leagues  of  land  was 
actually  necessary,  but  that  by  the  survey  of  adjoining  lands  the 
PUEBLO  lands  have  been  effectually  segregated  from  the  public 
domain.  See  §§  30,  39,  and  123  of  this  argument. 

1S_  That  meanwhile  the  Governor  and  Departmental  Assembly, 
assuming  to  be  the  superior  visitors,  inspectors,  and  directors  of  said  trust, 
did  lawfully  grant  a  large  portion  of  said  four  leagues  of  land  to  citizens 
of  said  PUEBLO  in  fee  simple,  for  purposes  of  grazing  and  farming. 
See  §§  80,  81,  82,  97, 102,  120  of  this  argument, 

1(3-  That  in  the  year  1835  a  settlement  was  begun  within  the 
limits  of  the  PUEBLO  of  San  Francisco,  on  its  north-eastern  frontage 
upon  the  Bay,  which  was  then  called  YERBA  BUENA,*  and  which  is  the 
present  site  of  the  most  thickly  settled  portion  of  the  present  City  of 
San  Francisco.  That  the  population  of  the  PUEBLO  OF  SAN  FRAN- 
CISCO gradually  shifted  itself  to  YERBA  BUENA,  and  the  PUEBLO  was 
known  indifferently  by  the  name  of  PUEBLO  of  San  Francisco,  PORT 

*  So  named  from  the  fact  that  that  locality  abounded  in  "  Yerba  Buena — the  good 
herb,"  a  species  of  aromatic  mint,  reputed  to  be  efficacious  as  a  febrifuge.  I  believe  that 
the  designation  of  "  Yevba  Buena,"  euphonious  in  itself  and  replete  with  historical  as- 
sociations, is  now  attached  to  only  a  disused  cemetery,  which  is  about  to  be  appropri- 
ated to  other  uses,  and  to  "  Yerba  Buena  Lodge  iS'o.  15,"  of  the  Independent  Order  of 
Odd  Fellows.  The  island  opposite  the  city,  between  its  water  front  and  Contra  Costa, 
was  formerly  called  "  La  Isla  de  YerbaBuena — Yerba  Buena  Island,"  but  several 
years  ago  some  experimental  Yankee  planted  there  a  colony  of  goats,  and  since  then  it 
Las  generally  been  called  "  GOAT  ISLAND."  It  is  to  be  regretted  that  the  designation 
Yerba  Buena  has  not  been  more  generally  perpetuated. 


96  GENERAL  SUMMARY  OF  THE  FACTS. 

of  San  Francisco,  YERBA  BUENA,  and  PUEBLO  of  Yerba  Buena. 
See  §§  120,  111  and  42,  55,  110  of  this  argument,  and  ADDENDA  No. 
XXVI. 

14_  That  in  the  year  1838  the  Ayuntamiento  of  the  PUEBLO  of 
San  Francisco  was  suspended,  because  the  requisite  basis  of  population 
for  an  Ayuntamiento  was  raised  to  4,000  inhabitants;  but  that  the 
PUEBLO  still  retained  its  character  of  body  politic  and  corporate,  and 
was  administered  by  Alcaldes  and  Justices  of  the  Peace  with  the  powers 
of  Ayuntamientos.  See  §§  89,  90,  92  of  this  argument  and  No.  LXIX, 
page  100,  of  the  ADDENDA. 

15.  That  these  Justices  of  the  Peace,  thus  having  the  powers  of 
an  Ayuntamiento,  made  and  promulgated  Municipal  Ordinances  for  the 
government  of  the  PUEBLO  OF  SAN  FRANCISCO,  which  were  published 
in  that  Pueblo.  See  §  96  of  this  argument,  and  ADDENDA  No. 
XLIII,  page  62. 

1G_  That  the  Alcaldes  and  Justices  of  the  Peace  of  the  PUEBLO 
OF  SAN  FRANCISCO  continued  to  grant  the  lands  of  the  PUEBLO  of 
San  Francisco  down  to  the  year  1846,  and  within  twenty  days  of  the 
conquest  of  California  by  the  Americans,  which  they  could  not  do 
unless  the  PUEBLO  of  San  Francisco  continued  to  exist  as  a  body 
politic  and  corporate,  and  was  the  owner  of  said  lands.  See  §§  100, 
83,  84,  of  this  argument,  and  also  ADDENDA  No  LXXVIII,  page  113. 

IT*..  That  this  Pueblo  of  San  Francisco  had  a  complete  fiscal  or- 
ganization, with  Syndics  regularly  elected  during  the  existence  of  the 
Ayuntamiento,  and  appointed  by  the  Governor  after  that  time.  See 
ADDENDA,  Nos.  XXX,  page  47  ;  XXXV,  page  54  ;  XLV,  page  63  ; 
LIV,  page  75  ;  LXV,  page  95. 

18 _  That  when  California  came  into  the  possession  of  the  United 
States,  the  constituted  authorities  of  the  new  Government  recognized 
the  PUEBLO  of  San  Francisco,  its  corporate  existence,  its  right  to  its 
lands,  and  restored  its  Ayuntamiento  ;  and  that  the  Legislature  of  Cali- 
fornia made  the  same  recognition  when  it  raised  that  PUEBLO  to  the 
rank  of  City.  See  §§  126,  127,  129,  130,  131,  of  this  argument, 

10 _  That  there  was  near  the  Pueblo  of  San  Francisco  a  Catholic 
Mission  of  converted  or  neophyte  Indians,  called  the  Mission  of  DO- 
LORES de  San  Francisco,  ["  La  Mission  des  Douleurs  de  Saint 
Frangois  d'  Assise — of  the  anguish  of  Saint  Francis  of  Assise,"]  (1  De 
Mofras,  424;)  founded  also  in  the  year  1776;  see  §  34  of  this  argu- 
ment. That  this  Mission  was  never  very  prosperous,  but  from  the  year 
1815  declined  rapidly  in  population.  ADDENDA,  No.  LXXVI,  page 
110,  ante  §  115.  That  the  neophyte  Indians  lived  there  in  a  state  of  COM- 
MUNITY from  which  they  never  emerged;  §§  17,  78,  79,  82,  88,  93,  99, 
102, 107, 112, 114.  That  the  Mission  and  Community  died  of  inanition 
between  the  years  1840  and  1844,  and  were  lawfully  declared  extin- 
guished by  a  formal  inquest  of  office  in  the  year  1845  ;  §§  115,  116, 
117,  120.  That  it  was  originally  intended  that  this  Mission  should 
become  secularized,  and  be  erected  into  an  Indian  Pueblo,  like  all 
other  such  Missions,  §  17,  but  that  as  above  shown  this  was  never 
accomplished ;  and  that  although  it  was  sometimes  called  the  Pueblo  of 


GENERAL  SUMMARY  OP  THE  FACTS.  97 

Dolor 'es,  that  word  Pueblo  was  thus  employed  only  in  the  sense  of  "  set- 
tlement;" §§  9,  88,  98,  114,  117,  and  that  the  Mission  of  Dolores  was 
never  a  PUEBLO  in  the  sense  of  an  organized  town  or  body  politic  or 
corporate  ;  but  on  the  contrary,  as  late  as  the  year  1844  its  inhabitants, 
including  Prefects,  sub-Prefects,  Alcaldes,  Justices  and  Regidores,  past 
and  present,  petitioned  the  Governor  setting  forth  that  the  Mission  of 
Dolores  had  never  had  the  title  of  PUEBLO,  and  praying  that  it  might 
be  granted  to  it  in  future,  which  application  was  not  granted;  §  114, 
and  ADDENDA,  No.  LXXI,  page  102  ;  and  that  in  the  next  year,  1845, 
the  said  MISSION  OF  DOLORES,  by  a  formal  inquest  of  law,  was  for- 
ever extinguished,  and  never  reached  or  could  reach  the  condition  of  an 
organized  PUEBLO  ;  §  115,  and  ADDENDA,  No.  LXII,  page  88,  Arti- 
cles 1  and  2  ;  and  LXXIII,  page  90,  Art.  1. 

50-  That  the  PUEBLO  OF  SAN  FRANCISCO,  and  this  MISSION 
OF  DOLORES,  (otherwise  called  the  ESTABLISHMENT  of  Dolores)  were 
perfectly  distinct,  and  never  confounded  with  each  other,  nor  has  an 
attempt  ever  been  made  to  confound  them,  until  long  since  the  conquest 
of  California  by  the  Americans.     See  §§  77,  88,  93, 102, 104, 126, 127, 
130,  131,  132. 

51-  That  on  the  7th  day  of  July,  A.  D.   1846,  [the  date  of  the 
conquest  of    California  by  the  Americans]    there    was    a    PUEBLO 
existing  at  San  Francisco. 

§  135.  It  did  not  need  so  long  and  minute  a  narrative  to  sustain 
the  inferences  above  made,  for  the  law  would  have  presumed  all  the 
substantial  facts  which  that  narrative  has  incontestably  established. 
The  fact  that  a  town  has  de  facto  an  organization  of  the  usual  officers 
who  were  elected  and  served  as  such,  is  prima  facie  evidence  of  the 
legal  organization  of  such  town.  Town  of  Londonderry  vs.  Town  of 
Andover,  28  Vermont  Rep.  416.  And  also  that  it  is  a  corporation  capa- 
ble of  holding  and  transmitting  real  estate,  and  of  being  by  prescription 
the  owner  of  such  real  estate.  Robie  vs.  Sedgwick,  35  Barbour  S.  C. 
R.  319.  2  Kent,  277.  Angell  &  Ames  on  Corp.  57.  Dillingham  vs. 
Snow,  7  Mass.  547.  Stockbridge  vs.  West  Stockbridge,  12  Mass.  400. 
In  order  to  dedicate  property  for  public  use  in  cities  and  towns  and 
other  places,  it  is  not  essential  that  the  property  should  be  vested  in  a 
corporate  body.  It  may  exist  in  the  public  alone ;  and  the  sovereign 
is  bound  by  the  dedication,  even  if  there  is  no  actual  grant.  New 
Orleans  vs.  The  United  States,  10  Peters  662.  It  was  therefore  wholly 
unnecessary  for  the  claimants  to  show  that  the  PUEBLO  of  San  Fran- 
cisco was  an  actual  legal  and  fully  organized  body  politic  and  corpo- 
rate, the  owner  of  lands  which  it  could  grant  to  its  citizens,  and  which 
had  been  completely  segregated  from  the  public  domain.  But  those 
facts  were  true,  and  the  PUEBLO  of  San  Francisco  has  shown  them  by 
incontestable  proofs.  What  will  be  the  result  ?  The  final  result  can- 
not be  doubted,  but  meanwhile  it  is  very  evident  that  the  United  States 
will  advance  the  following  propositions :  The  Pueblo  of  San  Fran- 
cisco existed :  THEREFORE  it  did  not  exist.  It  had  the  conceded  right 
to  grant  PUEBLO  lands :  THEREFORE  it  had  no  Pueblo  lands.  The 
7 


98  THE  UNITED  STATES  CREATE  A  COMMISSION 

PUEBLO  of  San  Francisco  was  a  fully  organized  body  politic  and  cor- 
porate :  THEREFORE  it  was  the  Indian  Mission  of  Dolores  which  never 
became  a  PUEBLO.  We  must  not  even  smile  over  these  propositions, 
for  they  are  those  of  the  learned  counsel  of  the  United  States,  who 
sustain  the  dignity  of  the  Republic  upon  their  shoulders. 

A.  D.  1851. 

THE  UNITED  STATES  CREATE  A  COMMISSION  TO  ASCERTAIN  AND 
SETTLE  PRIVATE  LAND  CLAIMS  IN  CALIFORNIA. 

§  136.  On  March  3d,  1851,  the  Congress  of  the  United  States 
passed  "  An  Act  to  ascertain  and  settle  Private  Land  Claims  in  the 
"  State  of  California"  (United  States  Statutes  at  Large,  vol.  9,  page 
631,)  which  contains  the  following  enactments: 

"SECTION  1.  That  for  the  purpose  of  ascertaining  and  settling 
"  private  land  claims  in  the  State  of  California,  a  commission  shall  be, 
"  and  is  hereby  constituted,  which  shall  consist  of  three  Commissioners, 
"  to  be  appointed  by  the  President  of  the  United  States,  by  and  with 
"  the  advice  and  consent  of  the  Senate,  which  commission  shall  con- 
"  tinue  for  three  years  from  the  date  of  this  Act,  unless  sooner  discon- 
"  tinued  by  the  President  of  the  United  States." 

"  SEC.  8.  That  each  and  every  person  claiming  lands  in  California 
"  by  virtue  of  any  right  or  title  derived  from  the  Spanish  or  Mexican 
"  government,  shall  present  the  same  to  the  said  Commissioners  when 
"  sitting  as  a  Board,  together  with  such  documentary  evidence  and  tes- 
timony of  witnesses  as  the  said  claimant  relies  upon  in  support  of 
"  such  claims ;  and  it  shall  be  the  duty  of  the  Commissioners,  when 
"  the  case  is  ready  for  hearing,  to  proceed  promptly  to  examine  the 
"  same  upon  such  evidence,  and  upon  the  evidence  produced  in  behalf 
"  of  the  United  States,  and  to  decide  upon  the  validity  of  the  said 
"  claim,  and  within  thirty  days  after  such  decision  is  rendered,  to  cer- 
"  tify  the  same,  with  the  reasons  on  which  it  is  founded,  to  the  District 
"  Attorney  of  the  United  States,  in  and  for  the  district  in  which  such 
"  decision  shall  be  rendered." 

"  SEC.  14.  And  be  it  further  enacted,  [1]  That  the  provisions  of  this 
"  Act  shall  not  extend  to  any  town  lot,  farm  lot,  or  pasture  lot,  held 
"  under  a  grant  from  any  corporation,  or  town  to  which  lands  may  have 
"  been  granted  for  the  establishment  of  a  town  by  the  Spanish  or  Mexi- 
"  can  government,  or  the  lawful  authorities  thereof,  nor  to  any  city  or 
"town,  or  village  lot,  which  city,  town  or  village  existed  on  the  seventh 
"  day  of  July,  eighteen  hurdred  and  forty-six ;  but  the  claim  for  the 
"  same  shall  be  presented  by  the  corporate  authorities  of  the  said  town, 
"  or  where  the  land  on  which  the  said  city,  town  or  village  was  origin- 
"  ally  granted  to  an  individual,  the  claim  shall  be  presented  by  or  in  the 
"  name  of  such  individual  [2]  ;  and  the  fact  of  the  existence  of  the  said 
"  city,  town  or  village  on  the  said  seventh  July,  eighteen  hundred  and 
"forty-six,  being  duly  proved,  shall  be  prima  facie  evidence  of  a  grant 
"  to  such  corporation,  or  to  the  individual  under  whom  the  said  lot- 
"  holders  claim  [3] ;  and  where  any  city,  town  or  village  shall  be  in 


TO  SETTLE  LAND  CLAIMS  IN  CALIFORNIA.  99 

"existence  at  the  time  of  passing  this  Act,  the  claim  for  the  land 
"  embraced  within  the  limits  of  the  same  may  be  made  by  the  corpo- 
"  rate  authority  of  the  said  city,  town,  or  village. 

ANALYSIS  OF  §  14  OF  THAT  ACT. 

§  137.     The  above  §  14  contains   the   provisions  under  which  the 
present  claim  is  presented. 

1.  The  FIRST  CLAUSE  [1]  provides  that  the  presentation  of  a  claim 
to  PUEBLO  lands  by  any  PUEBLO  existing  on  July  7th,  A.  D.  1846, 
whether  known  as  city,  town  or  village,  and  its  confirmation,  shall  in- 
nure  to  the  benefit  of  all  persons   holding  lands   by  grant  from  that 
PUEBLO  ;  a  most  beneficial  enactment,  preventing  a  multiplicity  of  suits, 
making  one  proceeding  effectual  for  a  large  number  of  claimants,  which 
in  the  case  of  the   Pueblo  of  San  Francisco  would   probably  have 
amounted  to  thousands. 

2.  THE  SECOND  CLAUSE  [2]  provides  that  when  the  existence  on 
the  7th  of  July,  A.  D.  1846,  of  a  town  established  by  the  Spanish  or 
Mexican  authorities  is  proved,  that  fact  shall  be  prima  facie  evidence 
of  a  grant  to  such  town.     This  enactment  seems  to  have  been  made  for 
two  purposes  :     First,  to  satisfy  those  who  it  was  foreseen  would  clamor 
for  a  paper  or  parchment  grant,  duly  engrossed,  signed,  sealed  and  de- 
livered ;  see  ante  §  29  of  this  argument.     And  such  persons  are  com- 
forted with  the  assurance  that  sueh.a  grant  is  held  by  law  to  have  been 
made,  although  it  cannot  now  be  found.     Secondly,  to  relieve  all  doubts 
as  to  the  question  of  survey,  and  to  answer  the  objections  of  those  who 
might  contend  that  there  having  been  no  actual  grant,  but  only  a  remote 
equitable  right  to  a  grant  which  was  never  carried  into  execution,  this 
right  has  now  been  lost.     To   such  persons   this  enactment  replies  : 
"  there  is  presumed  to  have  been  a  grant ;  the  PUEBLO  is  entitled  to 
the  lands  ;  it  is  now  necessary  only  to  fix  their  boundaries  and  issue  a 
patent  for  the  tract  included  within  them." 

3.  The  Third  provision  [3]  seems  to  be  a  general  enactment  made 
for  the  purpose   of  providing  for  such  contingencies  as   might  exist 
without  the  knowledge  of  Congress.     Thus  a  PUEBLO  might  at  the  date 
of  the  passage  of  the  Act  of  Congress  exist  as   a  new    corporation 
created  by  Act  of   the  Legislature,   with  a  name  different  from   its 
PUEBLO  name,  and  in  this  case  the  claim  might  be  presented  by  the 
new  corporation.     There  might  be  a  possible  case  where  a  PUEBLO 
existed  before  July  7th,  1846,  and  granted  land  to  its  citizens,  and  yet 
fell  into  decadence  and  did  not  exist  on  July  7th,  1846,  but  afterwards, 
under  the  Anglo-American  dominion,  revived,  and  became  incorporated, 
and  had  a  corporate  existence  at  the  time  of  the  passage  of  the  Act  of 
Congress ;  and  in  this  case  also,  the  claim  could  be  presented  by  the 
new  corporation.     The  phrase  "  the  claim  for  the  land  embraced  within 
the  limits  of  the  same,"  must  of  course  be  construed  to  mean  the  pro- 
prietary  limits.     No  other   construction  would  carry   into  effect  the 
purpose  of  the  law,  which  is,  to  comply  with  the  duty  of  the  United 
States  resulting  from  public  law  and  guaranteed  by  the  Treaty   of 


100  DECISION  BY  THE  SUPREME  COURT  OP  CALIFORNIA. 

Guadalupe-Hidalgo,  to  confirm  to  the  citizens  of  California  the  rights 
and  property  possessed  by  them  at  the  time  of  the  conquest. 

THE   WHOLE   QUESTION    DECIDED   BY   THE  SUPREME  COURT  OF 

CALIFORNIA. 

§  138.  The  Supreme  Court  of  California  in  the  case  of  Hart  vs. 
Burnett,  15  California  Reports,  530,  has  expressly  decided  the  whole 
question,  namely :  that  San  Francisco  was  a  fully  organized  PUEBLO, 
and  as  such  entitled  to  four  square  leagues  of  land ;  and  that  decision  is 
followed  not  only  by  the  Courts  of  the  State,  but  also  by  the  Circuit 
Court  of  the  United  States  for  California.  We  think  this  decision  is 
binding  upon  this  Conrt.  In  the  complex  adjustment  of  sovereignty 
under  our  Federal  system,  the  State  Courts  of  California  are  the  com- 
plement of  the  Federal  Courts,  that  is  to  say,  the  State  Courts  represent 
that  other  portion  of  the  judiciary  which  is  necessary  to  make  up  a 
complete  judiciary  of  the  sovereign  power.  The  Federal  Courts  rep- 
resent in  that  respect  one-half  of  the  judicial  power  of  a  complete 
sovereignty,  and  the  State  Courts  represent  the  other  half.  The 
comity  of  nations,  which  compels  Courts  representing  equal  sovereign- 
ties to  accord  a  certain  deference  to  each  other's  decrees,  applies  in  the 
case  at  bar  not  with  an  equal  but  with  a  constraining  force,  and  while 
this  Court  is  bound  to  give  only  an  effect  of  equality  to  the  decrees  of 
its  co-ordinate  State  Jurisdictions  of  equal  rank,  it  is  bound  to  give 
a  greater  effect  to  the  decrees  of  thaf  State  Court  of  California  which 
is  not  its  co-ordinate,  but  its  superior  in  rank.  District  Courts  of  the 
State  of  California  are  the  co-ordinates  of  the  District  Courts  of  the 
United  States.  To  their  decrees,  as  to  those  of  its  co-ordinates,  a  Dis- 
trict Court  of  the  United  States  for  California  may,  or  may  not,  accord 
a  binding  force.  But  the  Supreme  Court  of  the  State  of  California  is  not 
the  co-ordinate  of  the  District  Courts  of  the  United  States  for  the  State 
of  California,  but  is  the  co-ordinate  of  the  Supreme  Court  of  the  United 
States.  When,  therefore,  the  Supreme  Court  of  the  State  of  California 
has  decided  a  case  and  the  Supreme  Court  of  the  United  States  has  not 
decided  to  the  contrary,  we  submit  that  all  the  District  Courts  of  the 
United  States  for  California  are  bound  to  follow  that  decision,  just  as 
fully  as  if  the  Supreme  Court  of  the  United  States  had  made  it,  and 
that  it  does  not  belong  to  a  Court  of  inferior  rank,  but  only  to  the 
judiciary  of  equal,  co-ordinate  and  complementary  rank,  to  pronounce 
a  dissenting  decree.  We  advance  these  propositions  in  all  boldness, 
but  with  all  due  respect.  Again.  When  the  course  of  events  has 
called  the  Supreme  Court  of  Appeals  of  the  State  of  California  to 
pronounce  first  in  affirming  a  class  of  titles  to  lands  under  a  Mexican 
grant,  upon  points  resting  upon  municipal  law,  for  a  District  Court  of 
the  United  States  of  one  of  the  Districts  of  California  to  pronounce 
any  different  decision,  would  be  productive  of  such  disastrous  results 
that  the  right  to  do  so  must  be  denied  upon  considerations  of  conveni- 
ence alone.  In  such  cases  common  prudence  requires  that  if  an 
accepted  rule  of  property  is  to  be  disturbed,  it  shall  be  done  only  by 
that  Superior  Tribunal  whose  decisions  are  final. 


RESUME.  101 


RESUME. 

§  139.  We  have  shown,  then,  the  ancient  immemorial  unrepealed 
laws  of  Spain  and  Mexico,  never  doubted,  but  always  acknowledged, 
which  entitled  the  PUEBLO  of  San  Francisco  to  Four  Square  Leagues 
of  land.  We  have  shown  this  PUEBLO  in  existence  in  the  form  of  a 
complete  and  fully  organized  Municipality,  recognized  by  the  Gover- 
nor, the  local  Legislature,  and  by  the  citizens  universally,  and  after- 
wards by  the  United  States  and  the  State  of  California.  We  have 
shown  this  PUEBLO  in  possession  of  a  portion  of  these  lands,  and  deal- 
ing with  them  as  with  its  own  property ;  and  the  possession  of  a  part 
under  color  of  title,  is  a  constructive  possession  of  the  whole.  We  have 
shown  that  the  governments  of  Mexico  and  of  the  United  States  have 
defined  the  limits  of  these  lands  by  surveys  of  adjacent  lands  granted 
by  the  former  government.  We  have  shown  the  United  States  coming 
to  the  rescue  against  the  most  Quixotic  assaults,  and  expressly  declar- 
ing by  law  that  a  grant  of  lands  to  the  Pueblo  shall  be  presumed.  We 
have  shown  that  the  highest  Court  of  the  State  of  California,  in  the 
administration  of  its  municipal  laws,  and  compelled  to  take  judicial 
knowledge  not  only  of  the  laws  but  also  of  the  history  of  the  country, 
has  acknowledged  all  the  law  and  the  facts,  and  conceded  and  con- 
firmed all  the  rights  for  which  we  contend. 

THE  QUESTION  OF  THE  FINAL  DISPOSITION  OF  THE  PUEBLO  LANDS 

IS  NOT  TO  BE  CONSIDERED  IN  THIS  CASE. 

§  140.  The  consideration  of  the  legislative  direction  or  control 
which  the  Legislature  of  California  in  virtue  of  its  right  of  sovereign- 
ty has  heretofore  asserted,  or  may  hereafter  assert  over  the  execution 
of  the  trust  to  which  these  four  leagues  of  PUEBLO  lands  are  subject 
for  the  benefit  of  the  inhabitants  of  the  city,  is  a  mere  speculative  one, 
and  is  not  to  be  regarded  in  the  decision  of  the  case.  We  have  shown 
that  these  lands  were  always  held  in  trust  for  the  benefit  of  the  citi- 
zens of  the  PUEBLO,  and  that  this  feature  was  stamped  upon  all  the 
colonization  laws ;  see  the  four  league  laws,  ADDENDA,  Nos.  I  and  II ; 
DeNeve's  Regulations  of  1781,  ADDENDA,  No.  IV;  Plan  of  Pitic, 
ADDENDA,  No.  VII ;  that  the  Cortez  of  Spain,  as  well  as  the  Gover- 
nors and  Departmental  Assembly  of  California  exercised  the  right  to 
modify,  direct  and  control  the  execution  of  this  trust,  §§  52,  80,  81,  of 
this  argument;  and  that  the  State  of  California  has  succeeded  to  this 
sovereign  right  of  inspection  and  control ;  New  Orleans  vs.  The  United 
States,  10  Peters  736,  737;  Dartmouth  College  vs.  Woodward,  4 
Wheaton  518;  Hart  vs.  Burnett,  15  Cal.  530;  People  vs.  Morris, 
13  Wend.  325;  East  Hartford  vs.  Hartford  Bridge  Co.,  10  Wheaton 
511.  But  what  is  to  be  the  ultimate  disposition  of  these  PUEBLO 
lands  does  not  concern  this  Court.  When  it  shallThave  confirmed  to 
the  City  of  San  Francisco  the  same  title  and  interest  which  its  prede- 
cessor had  in  four  leagues  of  Pueblo  lands,  it  will  have  done  all  that 
the  law  requires  of  it,  and  all  that  we  claim  at  its  hands. 


102  MISCELLANEOUS  NOTES. 

MISCELLANEOUS    NOTES. 


THE  PRESIDIO  OF  SAN  FRANCISCO  did  not  survive  the  removal  of  the  popula- 
tion from  that  point  to  Yerba  Buena  as  stated  in  §§  55,  111,  120,  and  ADDENDA,  No. 
XXVL.  Lieutenant  Wilkes,  who  visited  San  Francisco  with  his  Exploring  Ex- 
pedition in  1841,  says  :  "After  passing  through  the  entrance  of  the  bay,  we  were 
scarcely  able  to  distinguish  the  Presidio ;  and  had  it  not  been  for  its  solitary  flag- 
staff, we  could  not  have  ascertained  its  situation.  From  this  flag-staff  no  flag 
floated ;  the  building  was  deserted,  the  walls  had  fallen  to  decay,  the  guns  were 
dismounted,  and  every  thing  around  it  lay  quiet.  I  afterwards  learned  that  the 
Presidio  was  still  a  garrison  in  name,  and  that  it  had  not  been  wholly  abandoned ; 
but  the  remnant  of  the  troops  stationed  there  consisted  of  no  more  than  an  officer 
and  one  soldier."  Wilkes' Exploring  Expedition,  Vol.  V,  p.  152;  Bryant's  Cali- 
fornia, 429.  De  Mofras,  writing  in  1842 — although  his  first  and  probably  his  only 
visit  to  the  Presidio  was  in  1840 — writes  :  "The  Presidio  of  San  Francisco  is  in 
ruins,  and  completely  disarmed;  it  is  inhabited  only  by  a  sub-lieutenant  and  five 
farmer  soldiers  and  their  families."  De  Mofras,  Vol.  I,  p.  427.  From  this  con- 
dition of  ruin  and  abandonment  the  Presidio  never  recovered  until  after  the  Anglo- 
American  conquest.  It  does  not  seem  to  be  generally  known  that  there  was  form- 
erly a  chapel  at  the  Presidio,  which,  with  the  Governor's  house  enjoyed  the  dis- 
tinction of  being  white-washed ;  Beechy,  Vol.  II,  p.  9.  Farnham's  California  and 
Oregon  (1844),  p.  353. 

EJIDOS  AS  A  GENERIC  TERM. — I  have  in  the  course  of  the  argument  several 
times  called  attention  to  the  fact  that  many  translators  have  confounded  the 
terms  ejidos  and  dehesas  when  those  terms  were  used  as  specific  terms  contradistin- 
guished from  each  other ;  namely,  the  ejidos  as  designating  the  vacant  suburbs  or 
commons  immediately  next  to  the  settled  portion  of  the  Pueblo,  and  the  dehesas  in- 
dicating the  great  herd  pasture  lying  beyond.  ^See  §§  14,  15,  103  of  this  argu- 
ment. But  I  have  inadvertently  omitted  to  state  that  ejidos  was  also  used  as  a 
generic  term  to  designate  the  whole  body  of  lands  to  which  the  Pueblo  was  enti- 
tled, which  was  capable  of  being  divided  into — 1st.  Propios,  §  10;  2d.  Ejidos, 
specific,  vacant  suburbs  or  commons,  §  14 ;  and  3d.  Dehesas,  the  great  outside  cat- 
tle pasture,  §  15.  Ejidos,  in  a  general  sense,  meaning  all  the  lands  of  the  Pueblo, 
before  they  were  subdivided,  was  frequently  used  by  the  Governors  and  Secretaries 
of  State  in  California  before  the  conquest  by  the  Anglo-Americans.  Thus  in  the 
case  of  Dona  Martina  Castro  vs.  The  United  States,  No.  343  in  this  Court,  (No. 
593  of  the  Land  Commission,)  it  appears  from  the  Espediente  (No.  31,)  that  the 
Ayuntamiento  of  the  Villa  of  Branciforte  objected  to  the  grant  of  the  lands  solicited 
by  Dona  Martina,  because  they  might  fall  within  the  ejidos  of  that  Villa,  which 
had  not  yet  been  marked  out.  Jimeno,  the  Secretary  of  State,  over  date  of  Feb- 
ruary 8th,  1844,  in  a  report  which  the  Governor  approved,  states  that  the  grant 
had  been  drawn  subject  to  a  tax,  in  case  the  lands  proved  to  be  within  the  ejidos, 
and  adds  :  "  I  understand  the  town  of  Branciforte  is  to  have  (se  le  debe  senalar) 
for  ejidos  of  its  population  four  square  leagues  in  conformity  to  the  existing  law 
of  the  Recopilacion  of  the  Indies  in  Volume  II,  folios  88  to  149,"  being  the  four 
league  law  cited  in  §  28  of  this  argument.  This  furnishes  an  example  of  the  use 
of  ejidos  in  a  generic  sense ;  and  also  shows  that  the  Secretary  of  State  and  the 
Governor  of  California,  in  the  year  1844,  considered  that  each  PUEBLO  was  entitled 
to  four  square  leagues  of  land.  So  when  the  Governor  in  1840,  ADDENDA  No.  L* 
p.  If  title  COMMONS,  reports  that  none  of  the  towns  have  their  ejidos  and  propios 
marked  out,  the  word  ejidos  is  used  generically  to  designate  the  whole  four 
leagues ;  and  the  complaint  of  the  Governor  is  to  the  effect  that  the  towns  have 
not  yet  had  their  propios  assigned,  and  so  do  not  know  what  municipal  revenues 
can  be  derived  from  that  source,  because  the  great  body  of  the  lands  of  the  town — 
the  ejidos, — out  of  which  the  propios  are  to  be  assigned,  are  not  yet  marked  out.  I 
have  shown  in  §  15,  that  "  common  lands,"  present  an  equivocal  translation  of  the 
term  ejidos,  for  that  phrase  includes  not  only  the  specific  ejidos  which  were  a  por- 
tion of  the  inalienable  patrimony  of  the  PUEBLO,  but  also  the  dehesas,  in  which  the 
PUEBLO  had  only  a  qualified  property,  subject  to  the  superior  legislative  control. 


ADDENDA. 


No.  I. 

FRecopilacion  de  Leyes  de  los  Reynos  de  las  Indias.   Libro  IV,  Titulo  V,  Ley  VI  Ordenanza 
del  Hey  Don  Felipe  II.] 

LEY  VI. — Que  la  capitulation  para  Villa  de  Alcaldes  ordinaries,  y  Regidores, 
se  haga  conforme  a  esta  ley. 

Si  la  disposition  de  la  tierra  diere  lugar  para  poblar  alguna  Villa  de  Espan- 
oles,  con  Concejo  de  Alcaldes  ordinaries,  y  Regidores,  y  huviere  persona  que 
tome  assiento  para  poblarla,  se  haga  la  capitulacion  con  estas  calidades  :  Que 
dentro  del  termino,  que  le  fuere  senalado,  por  lo  menos  tenga  treinta  vecinos, 
y  cada  uno  de  ellos  una  casa,  diez  bacas  de  vientre,  quatro  bueyes,  6  dos  bueyes, 
y  dos  novillos,  una  yegua  de  vientre,  una  puerca  de  vientre,  veinte  ovejas  de 
vientre  de  Castilla,  y  seis  gallinas,  y  un  gallo  :  assimismo  nombrara  un  CJerigo, 
que  administre  los  Santos  Saeramentos,  que  la  primera  vez  sera  a  su  eleccion,  y 
las  demas  conforme  a  nuestro  Real  Patronazgo  ;  y  proveera  la  Iglesia  de  orna- 
mentos,  y  cosas  necessarias  al  culto  Divino,  y  dara  fianzas,  que  lo  cumplira 
dentro  del  dicho  ticmpo  ;  y  si  no  lo  cumpliere,  pierda  la  que  huviere  edificado, 
labrado  y  graugeado,  que  aplicamos  a  nuestro  Real  Patrimonio,  y  mas  incurra 
en  pena  de  mil  "pesos  de  oro  para  nuestra  Camara  ;  y  si  cumpliere  su  obligacion, 
se  le  den  quatro  leguas  de  termino  y  territorio  en  quadro,  6  prolongado.  segun 
la  calidad  de  la  tierra,  de  forma  que  si  se  deslindare,  sean  las  quatro  leguas  en 
quadro,  con  calidad  de  que  por  lo  menos  disten  los  limites  del  dicho  territorio 
cinco  leguas  de  qualquiera  Ciudad,  Villa,  6  Lugar  de  Kspanoles,  que  antes  estu- 
viere  poblado,  y  no  haga  perjuicio  a  niugun  Pueblo  de  Indios,  ni  de  persona 
particular. 

[TRANSLATION.  ] 

LAW  VI. —  The  conditions  for  a  town  of  Alcaldes  with  the  ordinary  jurisdiction 
and  Councilmen  (Regidores)  shall  be  agreeably  to  this  law. 

If  the  nature  of  the  tract  of  land  allow  of  the  settlement  of  some  town 
(villa)  of  Spaniards  with  a  Council  of  Alcaldes  of  the  ordinary  jurisdiction 
and  Councilmen  (regidores),  and  there  be  some  person  who  undertake  by  con- 
tract to  settle  it,  let  the  agreement  be  made  under  these  conditions  :  That 
within  the  period  of  time  which  may  be  assigned  to  him  he  must  have  at 
least  thirty  settlers,  each  one  provided  with  a  house,  ten  breeding  cows,  four 
oxen,  or  two  oxen  and  two  steers,  one  brood  mare,  one  breeding  sow,  twenty 
breeding  ewes  of  the  Castilian  breed,  and  six  hens  and  one  cock  ;  he  shall 
also  appoint  a  priest  to  administer  the  Holy  Sacraments  ;  the  first  time  he 
shall  select  him,  but  afterwards  the  appointment  shall  be  subject  to  our  Royal 


2  ADDENDA,  NOS.  I,  II,  III. 

Patronage ;  and  he  shall  provide  the  Church  with  ornaments  and  the  things 
necessary  for  Divine  Worship  ;  and  shall  give  bonds  for  the  performance  of  all 
this  within  the  time  agreed  upon  ;  and  if  he  should  not  comply  with  his  obliga- 
tion he  will  lose  whatever  he  may  have  constructed,  wrought,  or  garnered,  to  be 
applied  to  our  Royal  Patrimony,  and  will  furthermore  incur  the  penalty  of  one 
thousand  pounds  of  gold  for  our  treasury  ;  and  if  he  should  comply  with  his 
obligation,  there  shall  be  given  to  him  four  leagues  of  extent  and  territory  in  a 
square  or  prolonged  form  according  to  the  character  of  the  land,  in  such  manner 
that  if  surveyed,  there  shall  be  the  four  leagues  in  a  square,  with  the  condition 
that  the  limits  of  said  territory  shall  be  distant  at  least  five  leagues  from  any 
city,  town,  or  village  of  Spaniards  previously  founded,  and  that  there  shall  be 
no'prejudice  to  any  Indian  town  or  private  person. 


No.  II. 

[Kecopilacion  de  leyes  de  los  Keynos  de  las  Indias,  Libro  IV,  Titulo  V,  Ley  X.] 

LEY  X. — Que  no  haviendo  poblador  particular,  sino  vicinos  casados,  se  les  conceda 
el  poblar,  como  no  sean  menos  de  diez. 

Quando  algunas  personas  particulares  se  concordaren  en  hacer  nueva  pobla- 
cion,  y  huviere  numero  de  hombres  casados  para  el  efecto,  se  les  de  licencia,  con 
que  no  sean  menos  de  diez  casados,  y  deseles  termino  y  territorio  al  respeto  de 
lo  que  esta  dicho,  y  les  concedemos  facultad  para  elegir  entre  si  mismos  Alcal- 
des ordinarios,  y  Oficirles  del  Concejo  annales. 

[TRANSLATION.] 

LAW  X. — If  there  should  be  no  private  contractor  for  a  settlement,  but  only 
individual  citizens  who  are  married  men,  let  them  have  leave  to  found  a  settle- 
ment, provided  they  are  not  less  than  ten. 

When  private  individuals  shall  agree  to  form  a  new  settlement,  and  for  that 
purpose  there  shall  be  a  number  of  married  men,  let  leave  be  granted  to  them, 
provided  they  be  not  fewer  than  ten  married  men ;  let  there  be  given  them 
extent  of  land  and  territory  according  to  what  has  been  heretofore  provided 
(al  respeto  a  lo  que  esta  dicho),  and  we  grant  them  power  to  elect  among  them- 
selves Alcaldes  with  the  usual  jurisdiction  and  annual  officers  of  the  Council. 


No.  III. 

[See  California  Archives,  Vol.  I,  Missions  and  Colonization,  page  812;  1  Rockwell,  444, 
Halleck;  Rep.  Ex.  Doc.  No.  17, 1st  Sess.  31st  Cong.,  H.  of  R.,  page  133.] 

Extracts  from  "  the  instructions  to  be  observed  by  the  Commandant  appointed  to 
the  new  establishments  of  San  Diego  and  Monterey,"  given  by  El.  Bailie 
Friar  Don  Antonio  Bucareli  y  Urusu,  dated  Mexico,  \1th  August,  1773. 

ARTICLE  2.  The  confusion  which  has  reigned  in  the  accounts,  and  the  want 
of  order  which  I  have  observed  in  everything  else,  have  compelled  me  to  estab- 
lish this  new  method,  and  to  appoint  Captain  Don  Fernando  Rivera  y  Moncada 
commandant  of  Sau  Diego  and  Monterey,  because  I  am  well  informed  of  his 
good  conduct  or  manner  of  proceeding,  and  of  his  knowledge  of  the  new  estab- 


ADDENDA,  NOS.  Ill,  IV.  3 

lishments,  acquired  in  the  employments  and  offices  which  he  has  therein  obtained 
and  in  the  presidios  of  California  for  many  years. 

ARTICLE  12.  With  the  desire  to  establish  population  more  speedily  in  the 
new  establishments,  I  for  the  present  grant  the  commandant  the  power  to  desig- 
nate common  lands,  and  also  even  to  distribute  lauds  in  private  to  such  Indians 
as  may  most  dedicate  themselves  to  agriculture  and  the  breeding  of  cattle,  for 
having  property  of  their  own,  the  love  of  it  will  cause  them  to  radicate  them- 
selves more  firmly ;  but  the  commandant  must  bear  in  mind  that  it  is  very 
desirable  not  to  allow  them  to  live  dispersed — each  one  on  the  lands  given  to 
them — but  that  they  must  necessarily  have  their  house  and  habitation  in  the 
town  or  mission  where  they  have  been  established  or  settled. 

ARTICLE  13.  I  grant  the  same  faculty  to  the  commandant  with  respect  to 
distributing  lands  to  the  other  founders  (pobladores)  according  to  their  merit 
and  means  of  labor — they  also  living  in  the  town  (pueblo)  and  not  dispersed, 
declaring  that  in  the  practice  of  what  is  prescribed  in  this  article  and  the  pre- 
ceding 12th,  he  must  act  in  every  respect  in  conformity  with  the  provisions 
made  in  the  collection  of  the  laws  respecting  newly-acquired  countries  and 
towns,  (rcducciones  y  poblaciones,}  granting  them  legal  titles  for  the  owner's  pro- 
tection without  exacting  any  remuneration  for  it  or  for  the  act  of  possession. 

ARTICLE  14.  The  commandant  must  be  carefully  attentive  that  the  founders 
who  go  to  the  new  establishments  have  the  requisite  arms  for  their  defense,  and 
for  assisting  the  garrisons  of  the  presidios  or  missions  in  case  of  necessity, 
binding  them  to  this  obligation  as  a  thing  necessary  for  their  own  safety  and 
that  of  all  their  neighbors. 

ARTICLE  15.  When  it  becomes  expedient  to  change  any  mission  into  a 
puebio,  the  commandant  will  proceed  to  reduce  it  to  the  civil  and  economical 
government  which,  according  to  the  laws,  is  observed  in  the  other  pueblos  of 
this  kingdom,  giving  it  a  name,  and  declaring  for  its  patron  the  saint  under 
whose  auspices  and  venerable  protection  the  mission  was  founded. 


No.  IV. 

[See  California  Archives,  Vol.1,  Missions  and  Colonization.!  pages  732.  762,  (also  746);  1 
Rockwell,  445;  Halleck's  Report,  Ex.  Doc.  No.  17, 1st  Sess,  31st  Cong.  H.  of  Rep.,  pages 

Extract  from  the  regulations  for  the  government  of  the  province  of  California, 
by  Don  Felipe  De  Neve,  Governor  of  the  same,  dated  in  the  royal  presidio  of 
San  Carlos  de  Monterey,  \st  June,  1779,  and  approved  by  his  Majesty  in  a 
royal  order  of  the  24th  October,  1781. 

TITLE    THE    FOURTEENTH. — POLITICAL    GOVERNMENT,  AND    INSTRUCTIONS    RESPECT- 
ING   COLONIZATION. 

$ 1st.  The  object  of  greatest  importance  towards  the  fulfillment  of  the  pious 
intentions  of  the  King,  our  master,  and  towards  securing  to  his  Majesty  the 
dominion  of  the  extensive  country  which  occupies  a  space  of  more  than  two 
hundred  leagues,  comprehending  the  new  establishment  of  the  presidios,  and  the 
respective  ports  of  San  Diego,  Monterey,  and  San  Francisco,  being  to  forward 
the  reduction  of,  and  as  far  as  possible  to  make  this  vast  country  (which,  with 
the  exception  of  seventeen  hundred  and  forty-nine  Christians  of  both  sexes  in 
the  eight  missions  on  the  road  which  leads  from  the  first  to  the  last  named  pre- 
sidio, is  inhabited  by  innumerable  heathens)  useful  to  the  State,  by  erecting 
pueblos  of  white  people,  (pueblos  de  gente  de  razon]  who,  being  united,  may 
encourage  agriculture,  planting,  the  breeding  of  cattle,  and  successively  the 


4  ADDENDA,  NO.  IY. 

other  branches  of  industry  ;  so  that  some  years  hence  their  produce  may  be 
sufficient  to  provide  garrisons  of  the  presidios  with  provisions  and  horses, 
thereby  obviating  the  distance  of  transportation  and  the  risks  and  losses  which 
the  royal  government  suffers  thereby.  With  this  just  idea,  the  pueblo  of  San 
Jose  has  been  founded  and  peopled  ;  and  the  erection  of  another  is  determined 
upon,  in  which  the  colonists  (pobladores)  and  their  families,  from  the  provinces 
of  Sonora  and  Sinaloa,  will  establish  themselves,  the  progressive  augmentation 
of  which,  and  of  the  families  of  the  troops,  will  provide  for  the  establishment 
of  other  towns,  and  furnish  recruits  for  the  presidio  companies,  thus  freeing  the 
royal  revenue  from  the  indispensable  expenses  at  present  required  for  these  pur- 
poses ;  and  it  being  necessary  to  establish  rules  for  carrying  all  this  into  effect, 
the  following  instructions  will  be  observed  : 

$  2d.  As  an  equivalent  for  the  $120  and  rations,  which  hitherto  have  been 
assigned  yearly  to  each  poblador  (founder  or  colonist)  for  the  first  two  years, 
and  the  rations  alone  for  the  following  one,  calculated  at  a  real  and  a  half  per 
diem,  free,  for  the  three  following  ones,  they  will  hereafter  receive  for  each  of 
the  first  two  years  $116  and  3}^  reals,  the  rations  to  be  understood  as  compre- 
hended in  this  amount :  and  in  lieu  of  rations  for  the  next  three  years,  they 
will  receive  $60  yearly,  by  which  arrangement  they  will  be  placed  on  more 
favorable  terms  than  formerly,  taking  into  consideration  the  advance  that  was 
charged  on  what  they  were  paid  with,  and  the  discount  on  the  rations  fur- 
nished, which  article  they  will  in  future  receive  at  cost  from  the  moment  that 
these  regulations  be  approved  and  declared  to  be  in  force,  it  being  understood 
that  the  forementioned  term  of  five  years,  as  regards  this  emolument,  is  to  be 
reckoned  from  the  day  on  which  the  possession  of  the  house-lots  and  pieces  of 
[cultivable]  land,  (solares  ysuertes  de  tierras,)  which  are  to  be  distributed  to  each 
poblador  in  the  manner  hereafter  mentioned,  to  be  given  ;  and  the  previous  time, 
from  the  period  of  their  enrolment,  must  be  regulated  according  to  the  terms  of 
their  respective  contracts,  and,  in  order  to. avoid  this  expense,  measures  will  be 
taken  to  have  the  new  pobladores  collocated,  and  put  into  possession  imme- 
diately on  their  arrival. 

g  3d.  To  each  poblador,  and  to  the  community  (comun)  of  the  pueblo,  there 
shall  be  given,  under  condition  of  repayment  in  horses  and  mules  fit  to  be  given 
and  received,  and  in  the  payment  of  the  other  large  and  small  cattle,  at  the  just 
prices  which  are  to  be  fixed  by  tariff,  and  of  the  tools  and  implements  at  cost 
as  it  is  ordained,  two  mares,  two  cows  and  one  calf,  two  sheep  and  two  goats, 
all  breeding  animals,  and  one  yoke  of  oxen  or  steers>  one  plow-share  or  point, 
one  hoe,  one  coa,  (a  kind  of  wooden  spade  with  a  steel  point.)  one  axe  and  one 
sickle,  one  wood-knife,  one  musket  and  one  leather-shield,  two  horses  and  one 
cargo  mule.  To  the  community  (comun)  there  shall  likewise  be  given  the 
males  corresponding  to  the  total  number  of  cattle  of  different  kinds  distributed 
amongst  all  the  inhabitants,  one  seed  jackass,  another  common  one,  and  three 
she  asses,  one  boar  and  three  sows,  one  forge,  with  its  corresponding  anvil  and 
other  necessary  tools,  six  crowbars,  six  iron  spades  or  shovels,  and  the  necessary 
.tools  for  carpenter  and  cast  work. 

<3  4th.  The  house-lots  to  be  granted  to  the  new  pobladores  are  to  be  desig- 
nated by  government  in  the  situations,  and  of  the  extent,  corresponding  to  the 
locality  on  which  the  new  pueblos  are  to  be  established,  so  that  a  square  and 
streets  be  formed  agreeable  to  the  provisions  of  the  laws  of  the  kingdom  ; 
(conforme  a  lo  prevenido  por  los  Leyes  del  Reyno,  y  con  su  arreglo  se  senalara 
exido  competente  para  el  Pueblo,  y  Dehesas  con  les  tierras  de  labor  que  con- 
venga  para  propios)  ;  and  conformable  to  the  same,  competent  common  lands 
(egulos)  shall  be  designated  for  the  pueblo,  and  pasture  grounds,  with  the  sow- 
ing lands  that  may  be  necessary  for  municipal  purposes  (propios). 

I  5th.  Each  suerte  of  land,  whether  capable  of  irrigation  or  dependent  on 
the  seasons,  (de  riego  de  temporale,)  shall  consist  of  two  hundred  varas  in 


ADDENDA,  NO.  IV.  5 

length  and  two  hundred  in  breadth,  this  being  the  area  generally  occupied  in 
the  sowing  of  one  fanega  of  Indian  corn.  The.  distribution  which  is  to  be  made 
in  the  name  of  the  King,  our  master,  by  the  government,  with  equality,  and  a 
proportion  to  the  ground  which  admits  the  benefit  of  being  watered,  so  that 
after  making  the  necessary  demarcation  and  reserving  vacant  [baldios]  the  fourth 
part  of  the  number  which  may  result,  counting  with  the  number  of  pobladores, 
should  there  be  sufficient,  each  one  shall  have  two  suertes  of  irrigable  land,  and 
other  two  of  dry  ground,  delivered  to  him,  and  of  the  royal  lands  (realengas}  as 
many  as  may  be  considered  necessary  [convenientes]  shall  be  separated  for  the 
propios  of  the  pueblo,  (and  of  those  lots  of  land  reserved  for  the  King,  [realengas] 
as  many  as  shall  be  considered  necessary,  etc.  See  note  at  end  of  $  18,  page  8). 
And  the  remainder  of  these,  as  well  as  of  the  house-lots,  shall  be  granted  in  the 
name  of  his  Majesty,  by  the  governor,  to  those  who  may  hereafter  come  to 
colonize,  and  particularly  to  those  soldiers  who,  having  fulfilled  the  term  of  their 
engagement,  or  on  account  of  advanced  age  may  have  retired  from  service,  and 
likewise  to  the  families  of  those  who  may  die  ;  but  these  persons  must  work  at 
their  own  expense,  out  of  the  funds  which  each  of  them  ought  to  possess,  and 
will  not  be  entitled  to  receive  from  the  royal  revenue  either  salary,  rations,  or 
cattle,  this  privilege  being  limited  to  those  who  leave  their  own  country  for  the 
purpose  of  settling  this  country. 

§  6th.  The  houses  built  on  the  lots  granted  and  designated  to  the  new  pobla- 
dores, and  the  parcels  of  land  comprehended  in  their  respective  gifts,  shall  be 
perpetually  hereditary  to  their  sons  and  descendants,  or  to  their  daughters  who 
marry  useful  colonists  who  have  received  no  grants  of  land  for  themselves,  pro- 
vided the  whole  of  them  comply  with  the  obligations  to  be  expressed  in  these 
instructions  ;  and  in  order  that  the  sons  of  the  possessors  of  these  gifts  observe 
the  obedience  and  respect  which  they  owe  to  their  parents,  these  shall  be  freely 
authorized,  in  case  of  having  two  or  more  sons,  to  choose  which  of  them  they 
please,  being  a  layman,  to  succeed  to  the  house  and  suertes  of  the  town  ;  and 
they  may  likewise'  dispose  of  them  amongst  their  children,  but  not  so  as  to 
divide  a  single  suerte,  because  each  and  all  of  these  are  to  remain  indivisible 
and  inalienable  forever. 

$  7th.  Neither  can  the  pobladores,  nor  their  heirs,  impose  on  the  house  or 
parcel  of  land  granted  to  them,  either  tax.  entail,  reversion,  mortgage,  (cento, 
vinculo,fianza,  hipoteca,}  or  any  other  burden,  although  [even  if]  it  be  for  pious 
purposes  ;  and  should  any  one  do  so  in  violation  of  this  just  prohibition,  he  shall 
irremedialDly  be  deprived  of  his  property,  and  his  grant  shall  ipso  facto  be  given 
to  another  colonist  who  may  be  useful  and  obedient. 

g  8th.  The  new  colonists  shall  enjoy,  for  the  purpose  of  maintaining  their 
cattle,  the  common  privilege  of  the  water  and  pasturage,  fire-wood  and  timber, 
of  the  common  forest  and  pasture  lands,  to  be  designated  according  to  law  to 
each  new  pueblo  ;  (aprovechamiento  comun  de  aguas  y  pastos,  lefia  y  madera 
del  exido  y  Dehesa  que  ha  de  serialarsc  con  arreglo  a  las  Leyes  a  cada  neuvo 
pueblo)  and  besides,  each  one  shall  privately  enjoy  the  pasture  of  his  own  land, 
but  with  the  condition  that  as  they  have  to  possess  and  breed  all  kinds  of  large 
and  small  cattle,  and  it  not  being  possible  that  each  one  can  dedicate  himself  to 
the  taking  care  of  the  small  stock  consigned  to  them — as  by  so  doing  they 
would  be  unable  to  attend  to  agriculture  and  the  public  works — for  the  present, 
the  small  cattle,  and  the  sheep  and  goats  of  the  community,  must  feed  together, 
and  the  shepherd  must  be  paid  by  such  community  ;  and  with  respect  to  col- 
lecting together  the  large  cattle,  and  bringing  them  to  the  corral,  such  as  mares 
and  asses,  as  may  be  required,  this  must  be  done  by  two  of  the  pobladores, 
whom  they  must  appoint  amongst  themselves,  or  as  they  may  see  fit,  to  look 
after  this  business,  and  thus  the  cattle  of  different  kinds  will  be  taken  care  of, 
and  freed  from  the  risk  of  running  wild,  at  the  same  time  that  agricultural  and 
other  works  of  the  community  will  be  attended  to  ;  and  each  individual  must 


6  ADDENDA,  NO.  IV. 

take  care  to  mark  their  respective  small  cattle  and  brand  the  large,  for  which 
purpose  the  records  of  the  necessary  branding  irons  will  be  made  without  any 
charge  ;  but  it  is  ordained  that  henceforth  no  colonist  is  to  possess  more  than 
fifty  head  of  the  same  kind  of  cattle,  so  that  the  utility  produced  by  cattle  be 
distributed  amongst  the  whole  of  them,  and  that  the  true  riches  of  the  pueblo 
be  not  monopolized  by  a  few  inhabitants. 

\  9th.  The  new  colonists  shall  be  free  and  exempt  from  paying  tithes,  or  any 
other  tax,  on  the  fruits  and  produce  of  the  lands  and  cattle  given  to  them,  pro- 
vided that  within  a  year  from  the  day  on  which  the  house-lots  and  parcels  of 
land  be  designated  to  them,  they  build  a  house  in  the  best  way  they  can,  and 
live  therein,  upon  the  necessary  trenches  for  watering  their  lands,  placing  at 
their  boundaries,  instead  of  landmarks,  some  fruit  trees,  or  wild  ones  of  some 
utility,  at  the  rate  of  ten  to  each  suerte ;  and  likewise  open  the  principal  drain 
or  trench,  form  a  dam,  and  the  other  necessary  public  works,  for  the  benefit  of 
cultivation,  which  the  community  is  bound  particularly  to  attend  to  ;  and  said 
community  will  see  that  the  government  buildings  (casas  reales)  be  completed 
within  the  fourth  year,  and  during  the  third  a  storehouse  sufficiently  capacious 
for  a  public  granary,  in  which  must  be  kept  the  produce  of  the  public  sowing, 
which  at  the  rate  of  one  almud  (the  twelfth  of  a  fanega)  of  Indian  corn  per 
inhabitant,  must  be  made  from  said  third  year  to  the  fifth,  inclusive,  in  the  lands 
designated  for  municipal  purposes,  (propios)  all  the  labor  of  which,  until  har- 
vesting the  crop  and  putting  it  in  the  granary,  must  be  done  by  the  community, 
(comun)  for  whose  benefit  alone  it  must  serve ;  and  for  the  management  and 
augmentation  thereof,  the  necessary  laws  to  be  observed  will,  in  due  time  be 
made. 

g  10th.  After  the  expiration  of  the  five  years  they  will  pay  the  tithes  to  his 
Majesty,  for  him  to  dispose  of  agreeably  to  his  royal  pleasure,  as  belonging 
solely  to  him,  not  only  on  account  of  the  absolute  royal  patronage  which  he 
possesses  in  these  dominions,  but  also  because  they  are  the  produce  of  unculti- 
vated and  abandoned  lands  which  are  about  to  become  fruitful  at  the  cost  of 
the  large  outlays  and  expenses  of  the  royal  treasury.  At  the  expiration  of  the 
said  term  of  five  years,  the  new  pobladores  and  their  descendants  will  pay,  in 
acknowledgment  of  the  direct  and  supreme  dominion  which  belongs  to  the  sov- 
ereign, one-half  of  a  fanega  of  Indian  corn  for  each  irrigable  suerte  of  land, 
and  for  their  own  benefit  they  shall  be  collectively  under  the  direct  obligation  of 
attending  to  the  repair  of  the  principal  trench,  dam,  auxiliary  drains,  and  other 
public  works  of  their  pueblos,  including  that  of  the  church. 

|  llth.  When  the  hogs  and  asses  shall  have  multiplied,  and  the  sufficient  num- 
ber of  seed  asses  for  covering  the  mares  become  adopted,  and  it  be  found  prac- 
ticable to  distribute  these  two  kinds  of  animals  amongst  the  pobladores,  it  must 
be  done  with  all  possible  equality,  so  that  of  the  first  kind  each  one  may  receive 
one  boar  and  one  sow,  and  of  the  second  one  ass,  which  the  owner  will  mark 
and  brand. 

1 12th.  Within  the  five  years  stipulated,  the  new  pobladores  shall  be  obliged 
to  possess  two  yoke  of  oxen,  two  plows,  two  points  or  plow-shares  for  tilling 
the  ground,  two  hoes,  and  the  other  necessary  implements  for  agriculture  ;  and 
by  the  end  of  the  first  three  years  their  houses  must  be  entirely  finished,  and 
furnished  each  with  six  hens  and  one  cock  ;  and  it  is  expressly  forbidden  that 
any  one  shall,  during  the  forementioned  period  of  five  years,  alienate  by  means 
of  exchange,  sale,  or  other  pretext,  to  kill  any  of  the  cattle  granted  to  them,  or 
the  respective  increase  thereof,  excepting  sheep  and  goats,  which,  at  the  end  of 
four  years,  it  is  necessary  to  dispose  of,  or  else  they  would  die  ;  and  therefore 
they  may,  at  their  discretion,  dispose  of  as  many  of  these  animals  as  arrive  at 
that  age,  but  not  of  any  younger  ones,  under  the  penalty  that  whoever  shall 
violate  this  order,  made  for  his  own  benefit  and  for  the  increase  of  his  prosper- 
ity, shall  forfeit  ipso  facto  the  amount  of  the  rations  granted  to  him  for  one 


ADDENDA,  NO.  IV.  7 

year  ;  and  whoever  shall  receive  one  more  head  of  such  cattle  during  the  same 
time,  in  whatever  state  or  condition  they  may  be,  shall  be  obliged  to  return 
them. 

§  13th.  At  the  expiration  of  said  five  years,  the  female  breeding  animals  of 
every  kind,  excepting  swine  and  asses,  of  which  each  poblador  is  only  obliged 
to  possess  one  sow  and  one  ass,  male  or  female,  being  preserved ;  the  yokes  of 
oxen  or  steers  designated  for  their  agricultural  purposes  being  provided,  and 
they  being  furnished  with  a  cargo-mule,  and  necessary  horses,  they  shall  be  at 
liberty  to  sell  their  bulls,  steers,  foals  or  horses,  asses,  sheep,  castrated  goats,  and 
pigs  and  sows ;  it  being  forbidden  to  kill  cows,  (except  old  or  barren,  and  con- 
sequently unproductive  ones,)  sheep  or  she-goats,  which  are  not  above  three 
years  old,  and  to  sell  mares  or  useful  breeding  females,  until  each  poblador  be 
possessed  of  fifteen  mares  and  one  stallion,  fifteen  cows  and  one  bull,  twelve 
sheep  and  one  ram,  and  ten  she-goats  with  one  buck. 

§  14th.  No  poblador  or  resident  shall  sell  a  foal  horse  or  mule,  or  exchange 
them,  except  amongst  each  other,  after  they  are  provided  with  the  necessary 
number,  for  the  remainder  must  be  dedicated  solely  to  the  purpose  of  remount- 
ing cavalry  of  the  presidio  troops,  and  will  be  paid  for  at  the  just  prices  to  be 
established,  excepting  all  particularly  fine  horses  or  mules  of  said  pueblos,  under 
the  penalty  of  twenty  dollars,  to  be  forfeited  by  whomsoever  may  violate  this 
order.  For  every  animal  disposed  of  in  any  other  manner  than  what  is  here 
stipulated,  the  half  to  be  given  to  the  informer,  and  the  other  half  to  be  applied 
to  municipal  expenses,  (gastos  de  republica). 

\  15th.  The  Indian  corn,  beans,  chick-peas,  and  lentils,  produced  by  the 
pueblo,  (que  produzcan  las  cosechas  de  los  pueblos)  after  the  residents  have 
separated  what  may  be  necessary  for  their  own  subsistence  and  for  seed,  must 
be  bought  and  paid  for  in  ready  money  at  the  prices  established,  or  which  may 
hereafter  be  established  for  provisioning  the  presidio,  and  from  the  amount  of 
the  same  there  must  be  deducted  from  the  amount  of  each  poblador  such  provi- 
dent sums  as  may  be  considered  proper  towards  refunding  the  royal  revenue  the 
advances  made  in  money,  horses,  cattle,  implements,  seeds,  and  other  articles,  so 
that  within  the  first  five  years  the  total  amount  must  be  paid. 

\  16th.  Each  poblador  and  resident  head  of  a  family  (vecino)  to  whom 
house-lots  or  parcels  of  land  may  have  been,  or  in  future  shall  be  granted,  and 
their  successors,  shall  be  obliged  to  hold  themselves  equipped  with  two  horses,  a 
saddle  complete,  a  musket,  and  the  other  arms  already  mentioned,  which  are  to  be 
furnished  them  at  first  cost,  for  the  defense  of  their  respective  districts,  and  in 
order  that  they  may  (without  abandoning  this  first  obligation)  repair  to  where 
the  governor  may,  in  cases  of  urgency,  order  them. 

\  17th.  The  corresponding  titles  to  house-lots,  lands  and  waters,  granted  to 
the  new  pobladors,  or  which  may  hereafter  be  granted  to  other  residents, 
(vecinos)  shall  be  made  out  by  the  governor,  or  commissary  whom  he  may 
appoint  for  this  purpose,  records  of  which,  and  of  the  respective  branding  irons, 
must  be  kept  in  the  general  book  of  colonization,  to  be  made  and  kept  in  the 
government  archives,  as  a  heading  to  which  a  copy  of  these  instructions  shall 
be  placed. 

\  18th.  And  whereas  it  is  expedient  for  the  good  government  and  police  of 
the  pueblos,  the  administration  of  justice,  the  direction  of  public  works,  the 
distribution  of  water  privileges,  and  the  carrying  into  effect  the  orders  given  in 
these  instructions,  they  should  be  furnished  with  ordinary  alcaldes  and  other 
municipal  officers,  in  proportion  to  the  number  of  inhabitants,  the  governor 
shall  appoint  such  for  the  first  two  years,  and  for  the  following  ones,  they  shall 
appoint  some  one  from  amongst  themselves  to  the  municipal  offices  (los  oficios 
de  republica)  which  may  have  been  established,  which  elections  are  to  be  for- 
warded to  the  governor  for  his  approbation,  who,  if  he  sees  fit,  may  continue 
said  appointment  for  the  three  following  years. 


8  ADDENDA,  NOS.  IV,  V. 

NOTE  TO  §  5.— A  defective  translation  in  sec.  5  has  produced  some  confusion.  The  word 
"realengas — lands  belonging  to  the  King,"  is  translated  so  obscurely  that  it  seems  to 
include  all  the  lands  adjacent  to  the  pueblo  and  not  specifically  granted.  This  is  not  the 
case.  The  provision  is  that  one-fourth  of  the  house-lots  and  sowing  lots  (solares  y  suertes) 
shall  be  reserved  to  the  King,  and  the  lots  so  reserved  to  the  King,  (realengas)  shall  be 
assigned  as  propios  or  granted  to  new  settlers.  The  original  Spanish  reads  as  follows: 
"•  reservando  yaldias  la  quarta  parte  del  numero  quo  resulte,  contando  con  el  numero  de 
Pobladores,  si  alcanzasen,  se  repartiran  &  dos  suertes  &  cada  uno  de  regadio,  y  otros  dos  de 
secadal,  y  de  las  realengas  se  separar&n  las  que  parecieren  convenientes  para  propios  del 
Pueblo,  y  de  las  restantes  se  hara  merced,"  etc.  There  is  no  colon  between  "  secadal"  and 
"  y  de  las  realengas,''  as  there  is  in  the  translation  from  Rockwell.  Precisely  the  same  lan- 
guage, with  the  same  punctuation,  occurs  in  the  Instructions  for  the  foundation  of  the 
"  Pueblo  de  nuestra  Senora  de  los  Angeles,"  dated  August  26th,  1778,  and  found  in  the 
Archives,  vol.  I,  Missions  and  Colonization,  page  418.  Realengas,  therefore,  refers  to  the 
solares  and  suertes  so  reserved,  and  to  no  other  lands. 

That  this  is  so,  clearly  appears  from  the  official  plan  of  the  pueblo  of  San  Jose,  adopted 
at  its  settlement,  where  three  lots  are  marked  Realengo. —  California  Archives,  Vol.  I,  Mis- 
sions and  Colonization,  page  684. 


No.  V. 

EXHIBIT  "  A  "  IN  THE  CASE. 
[From  California  Archives,  Vol.  I,  Provincial  Records,  pages  10,  etc.] 

APRIL  15TH,  1778. 

ESTABLISHMENT  OF  THE  PUEBLOS  OF  SAN  JOSE  AND  LOS 

ANGELES. 

Governor  to  Viceroy. 

Most  Excellent  Senor : — Desiring  to  give  due  fulfillment  to  the  Superior 
orders  of  Your  Excellency,  notwithstanding  the  proposition  I  made  in  my  com- 
munication of  the of  June  of  the  last  year,  in  relation  to  the  steps  that 

could  be  taken  for  the  improvements  of  these  establishments,  founding  two 
Pueblos  on  the  rivers  Guadalupe  and  Porcincular,  they  being  the  best  localities 
on  account  of  the  fertility  of  the  soil  and  the  abundance  of  water  for  irrigation, 
in  consideration  of  the  delay  that  must  occur  in  the  arrival  of  the  settlers  with 
their  families,  that  I  have  asked  Your  Excellency  to  furnish  to  perform  the 
duties  of  laborers,  and  the  importance  of  losing  no  time  in  an  enterprise  so  im- 
portant, which,  if  carried  out,  will  in  a  short  time  avoid  the  necessity  of  trans- 
porting grain  from  San  Bias,  and  in  the  meantime  will  cause  the  arrival  or  non- 
arrival  of  a  vessel  not  to  be  a  matter  of  life  and  death  :  for  these  reasons  I 
resolved  to  withdraw  nine  soldiers  (skillful  laborers)  from  the  Company  of  this 
Presidio  and  that  of  San  Francisco,  to  which  I  added  two  recruits  as  settlers, 
which  with  the  three  already  on  hand,  completed  the  number  of  fourteen  resi- 
dents (vecinos),  which  with  their  families  comprise  the  number  of  sixty-six 
individuals,  with  which  I  founded  the  Pueblo  of  San  Jose  de  Galvez  on  the 
29th  day  of  November  last,  near  the  head  of  the  River  Guadalupe,  distant  26 
leagues  from  this  Presidio,  i 6  from  that  of  San  Francisco,  and  three-quarters 
of  a  league  from  the  Mission  of  Santa  Clara. 

To  each  settler,  besides  the  solares  on  which  they  have  constructed  their 
houses,  lands  have  been  distributed  for  cultivation,  with  horses,  flocks  of  all 
kinds,  and  utensils,  as  set  forth  in  the  accompanying  list. 

1  Prov.  Rec.  20. 


ADDENDA,  NO.  VI. 


No.  VI. 

[California  Archives,  volume  I,  Missions  and  Colonizations,  page  809 ;  Land  Commission 
Exhibits  in  Limantour's  Cases,  Exhibit  O,  page  59.] 

EXHIBIT  "V"  IN  THE  CASE. 

Honble.  Commandant  General.  In  the  instructions  which  treat  of  the  Polit- 
ical Government  and  Population  of  California,  and  are  found  inserted  in  Title 
14  of  the  Regulation  of  that  Peninsula,  approved  by  His  Majesty  in  a  royal 
order  of  the  24th  Oct.  1781,  it  is  directed  by  Art.  8  that  the  new  settlers  shall 
enjoy,  for  the  maintenance  of  their  stock,  the  common  advantage  of  waters  and 
pastures,  wood  and  timber  of  the  commons,  [exido]  forests,  and  pasture  grounds, 
[dehesas]  which  in  compliance  with  the  laws  are  to  be  marked  out  for  every 
"  Pueblo,"  and  that  besides  each  individual  shall  privately  enjoy  the  pastures  of 
his  own  lands,  with  the  warning  that  each  settler  hereafter,  will  not  exceed 
fifty  head  of  cattle  of  each  kind  in  his  possession,  so  that  in  this  manner  the  use- 
fulness resulting  from  the  stock  may  be  distributed  among  all,  and  the  true 
wealth  of  the  Pueblos  not  confined  in  a  few  residents. 

By  the  5th  law  and  the  consecutive  ones  of  tit.  17,  lib.  4,  of  the  "  Recopilacion  " 
for  these  territories,  it  is  commanded  that  the  use  of  the  grazing  lands  [pastes], 
woods  and  waters  of  the  Provinces  of  the  Indies  be  common  to  all  the  resi- 
dents thereof,  that  they  may  enjoy  them  freely  with  their  cattle,  revoking  when 
necessary  whatsoever  ordinances  there  might  exist,  this  provision  to  apply  not 
only  to  the  woods,  pastures,  and  water  of  the  "  Seignories,"  (Lugares  de  Seuor- 
ios)  conceded  in  these  territories,  but  also  to  lands  and  cultivated  property,  sold 
and  granted,  whereon,  after  the  harvest,  the  pastures  remain  for  common  benefit. 

The  alloting  of  tracts  of  land  (sitSos)  for  cattle,  which  some  settlers  in  Cali- 
fornia claim,  and  the  Governor  proposes  in  his  official  communication  of  the 
20th  November,  1784,  cannot,  nor  ought  not  to  be  made  to  them  within  the 
boundaries  assigned  to  each  Pueblo,  which  in  conformity  with  the  law  G,  tit.  5, 
lib.  4,  of  the  "  Recopilacion,"  must  [deben  ser]  be  four  leagues  of  land  in  a  square  or 
oblong  body,  according  to  the  nature  of  the  ground,  because  the  petition  of  the 
new  settlers  would  tend  to  make  them  private  owners  of  the  forests,  pastures, 
water,  timber,  wood  and  other  advantages  of  the  lands  which  may  be  assigned, 
granted,  and  distributed  to  them,  and  to  deprive  their  neighbors  of  these  bene- 
fits, it  is  seen  at  once  that  their  claim  is  entirely  contrary  to  the  directions  of 
the  aforementioned  laws,  and  the  express  provision  in  art.  8,  of  the  Instructions 
for  Settlements  (Poblaciones)  in  the  Californias,  according  to  which  all  the 
waters,  pastures,  wood,  and  timber,  within  the  limits  which  in  conformity  to 
law  may  be  allotted  to  each  Pueblo,  must  be  for  the  common  advantage,  so  that 
all  the  new  settlers  may  enjoy  and  partake  of  them,  maintaining  thereon  their 
cattle  and  participating  of  the  other  benefits  that  might  be  produced. 

By  the  law  1st,  and  consecutive  ones  to  the  13th,  tit,  12,  of  the  same  book  4, 
the  distribution  and  alloting  of  Peonias,  Cavalerias  and  Sitios,  for  tracts  "  de 
Ganados  May  ores  y  Menores,"  is  permitted,  provided  they  be  given  far  from 
the  Indian  villages  and  their  cultivated  fields,  obliging  the  owners  to  keep  as 
many  shepherds  and  cattle  keepers  as  shall  be  sufficient  to  prevent  such  dam- 
ages as  the  cattle  might  commit,  and  to  satisfy  for  that  which  they  might  cause 
them,  and  the  concession  of  the  said  lands  being  vtry  useful  for  the  protection 
of  the  population  in  California,  where  owing  to  the  extent  of  land  and  the 
abundance  of  its  pastures  there  are  means  of  carrying  it  into  effect  without 
prejudice  to  the  Indians,  nor  to  a  third  party,  and  where,  through  the  want  of 
active  commerce  and  of  consumption  and  export  of  the  other  produce,  the 
greater  wealth  of  the  Pueblos  must  necessarily  consist  in  the  rearing  and  the 


10  ADDENDA,  NO.  VI. 

increase  of  cattle  ;  for  these  reasons  it  seems  to  me  your  honor  can,  if  you 
please,  decree  and  command  that  an  order  be  issued  to  the  Governor  of  the 
Oalifornias,  Don  Pedro  Fages,  to  the  effect  that  alloting  at  once  to  each  new 
"  Poblacion  "  the  extent  of  the  four  leagues  belonging  thereto,  he  may  measure 
and  mark  them  out  in  a  square  or  prolonged  body,  as  the  nature  of  the  ground 
will  admit,  and  that  he  do  not  concede  within  it,  nor  grant  nor  distribute  any 
portion  whatsoever  for  farms  or  for  the  rearing  of  cattle  to  any  resident  or  set- 
tler ;  the  woods,  pastures,  waters,  and  other  benefits  and  advantages  to  be  left 
in  common  for  all  the  residents  and  settlers,  without  any  of  them  exercising 
dominion,  nor  own  private  property  thereon.  And  that  in  the  other  lands,  out- 
side of  the  said  limits  and  of  the  district  assigned  to  each  Pueblo,  and  at  such 
a  distance  that  there  cannot  result  any  injury  to  the  Missions,  Pueblos,  Ranch- 
erias  (Indian  villages)  nor  to  their  fields,  he  do  grant  and  distribute  "  sitios  "  for 
farms,  and  tracts  for  rearing  cattle,  with  the  express  condition  that  the  residents 
and  settlers  to  whom  he  may  grant  them,  shall  obligate  themselves  to  put  as 
many  shepherds  and  cattle  keepers  as  will  be  sufficient  to  prevent  damages,  and 
to  satisfy  the  amount  which  in  any  event  might  happen,  and  (with  the  condi- 
tion) that  no  resident  or  settler  shall  have  more  than  three  "  sitios  "  tracts,  and 
be  obliged  to  build  in  each  one  a  stone  house,  to  have  thereon  two  thousand 
head  of  cattle  at  least,  and  that  notwithstanding  his  grant  and  concession,  the 

Etures  shall  remain  for  the  common  advantage,  and  that  where  there  are  no 
rds  of )  cattle,  "  sitios  "  may  be  given  for  sugar  plantations  and  other  here- 
iments,  according  as  is  directed  by  the  laws  12,  tit.  12,  as  in  reference  to  His- 
paniola  Island.     And  in  law  5,  tit.  17,  lib.  4,  of  the  "  Recopilacion  "  for  these 
territories,  which  conditions  and  laws  will  be  inserted  in  an  express  clause  in 
the  deeds  of  grants  that  may  be  made ;  that  as  evidence  for  the  residents  and 
settlers  who  may  obtain  the  same,  they  may  comprehend  their  obligations,  to 
the  fulfilment  of  which  they  shall  be  obliged,  and  that  they  may  not  have  any 
just  motive,  nor  pretext,  to  allege  any  right  against  it  hereafter,  or  else  your 
honor  will  resolve  what  may  suit  your  pleasure  notwithstanding. 
CHIHUAHUA,  27th  Oct.  1785. 

GALINDO  NAYARRO. 

A  copy  according  to  the  original,  which  I  certify. 

CHIHUAHUA,  21st  June,  1786. 

(Signed)  PEDRO  GARRIDO  Y  DURAN. 


I  transmit  to  you  the  inclosed  opinion  of  the  attorney  of  this  Comandancy 
of  the  27th  October  last  year,  upon  the  subject  of  marking  out  the  lands  which 
some  individuals  of  that  province  asked,  as  you  reported  in  your  representation 
No.  204,  of  the  20th  Nov.  '84,  that  you  may  proceed  to  grant  them  agreeably 
to  the  requirements  of  said  officer  (ministro). 

The  Lord  preserve  you  many  years. 

CHIHUAHUA,  21st  June,  1786. 

(Signed)  JACOBO  UGARTE  Y  LOYOLA. 

Sor  DON  PEDRO  FACES. 


ADDENDA,  NO.  VII.  11 

No.  VII. 

[California  Archives,  Volume  I,  Missions  and  Colonization,  pages  853,  etc.    Land  Commis- 
sion Exhibits  in  Limantour's  Cases,  Exhibit  O,  pages  G6,  etc.] 

PLAN  OF  PITIO. 

TRANSLATION. EXHIBIT    Z    Z    IN    THE    CASE. 

No.  313. 

Instructions  approved  by  His  Majesty,  and  made  for  the  establishing  of  the 
new  town  of  Pitic,  in  the  Province  of  Sonora,  ordered  to  be  adopted  by  the 
other  new  projected  settlements  (Poblaciones)  and  by  those  that  may  be  estab- 
lished in  the  district  of  this  General  "  Comandancia." 

1st.  Although  by  the  law  6th,  title  8th,  book  4th,  the  Viceroys,  Supreme 
Courts  (Audiencias)  and  Governors,  are  prohibited  from  granting  titles  for 
cities  or  towns,  or  from  exempting  from  their  principal  capitals  the  settlements 
(pueblos)  of  Spaniards  or  Indians,  this  decree  is  limited  to  those  that  may  have 
already  been  established  ;  therefore,  as  to  the  new  towns  and  settlements,  it  is 
provided  that  they  observe  what  is  decreed  in  reference  to  the  other  laws  on  the 
subject,  and  as  the  law  2d,  title  7th  of  the  same  book  decrees  :  that  the  land, 
province,  and  place  in  which  a  new  settlement  (poblacion)  shall  be  made,  being 
chosen,  and  the  convenience  and  advantages  resulting  therefrom  being  inquired 
into,  the  Governor,  whose  district  it  may  be  or  to  which  it  may  be  confined, 
shall  determine  whether  it  shall  be  a  city,  town,  or  village,  and  that  in  conform- 
ity with  that  which  he  shall  decide,  shall  be  formed  the  council,  the  government, 
and  its  officers,  in  using  of  this  power,  bearing  in  mind  the  extent  of  the  place 
selected  and  the  advantages  offered  by  its  lands,  fertilizing  through  the  benefit 
of  irrigation  by  means  of  the  large  canal  constructed  for  that  purpose,  your 
honor  may  declare  the  new  settlement  to  be  a  town,  designating  to  it  the  name 
it  is  to  have  and  use  for  its  distinction  and  recognition. 

2d.  In  conformity  with  the  decree  of  the  law  6th,  title  5th,  of  the  same  book 
4th,  relative  to  the  towns  of  Spaniards  that  may  be  founded  by  agreement  or 
contract,  and  first  in  relation  to  those  which  for  want  of  contractors  shall  be 
erected  by  private  settlers  (Pobladores)  who  may  establish  themselves  and  agree 
to  found  them,  there  may  be  granted  to  the  town  in  question  four  leagues  of 
bounds  or  territory  in  a  square  or  in  length,  (que  se  fundaren  y  concordaren 
enformarlas  se  podra  conceder  a  la  de  que  se  exara  quatro  leguas  determine  6 
territorio  en  quadro  6  prolongado)  as  shall  be  adapted  to  the  better  location  of 
the  land  that  shall  be  selected  or  marked  out  so  that  its  true  boundaries  shall 
be  known,  wherein  there  can  be  no  inconvenience,  and  inasmuch  as  it  is  distant 
more  than  five  leagues  from  any  other  town,  city,  or  village  of  Spaniards,  there 
shall  not  result  injury  to  any  private  individual,  nor  to  any  "pueblo  "  of  In- 
dians, on  account  of  that  (the  village)  "  de  los  Seris  "  remaining  within  the 
demarcation  as  part  or  suburb  of  the  new  settlement,  subject  to  its  jurisdiction, 
and  with  the  advantage  of  enjoying  as  neighbors  the  same  benefits  public  and 
common  that  the  settlers  may  have,  and  of  which  at  present  those  same  natives 
are  wanting,  owing  to  their  indolence,  their  default  of  application,  and  of  intel- 
ligence, reserving  to  them  the  faculty  of  choosing  their  "  Alcaldes  and  Regi- 
dores,"  with  the  jurisdiction,  economy,  and  other  circumstances  prescribed  by 
the  laws  15  and  16,  title  5,  book  6. 

3d.  The  Presidio  of  San  Miguel  de  Orcavitas  having  been  removed  to  the 
locality  of  Pitic,  so  that  under  its  protection  and  guard  may  be  founded  the 
new  settlement,  conformably  to  the  decree  in  the  articles  1  and  2,  title  11,  of 
the  new  regulation  of  Presidios  of  the  10th  of  September,  1772,  and  in  the 
50th  article  of  the  old  Regulation  of  the  Sor  Yiceroy  Marquis  de  Casafuerte 


12  ADDENDA,  NO.  VII. 

of  the  20th  of  April,  1729,  which  by  Royal  order  of  15th  of  May,  1779,  is 
ordered  to  be  observed,  the  Political  Government  and  the  Royal  jurisdiction, 
ordinary,  civil,  and  criminal  in  first  instance  of  the  new  settlement,  belonged  to 
its  captain  or  commandant,  who  were  to  exercise  the  same  in  the  interim  of  the 
Presidio  being  established  in  that  place,  with  the  appeals  to  the  Royal  Supreme 
Court  (Audiencia)  of  the  District,  but  your  honor  having  resolved  that  the 
company  be  considered  as  detached  in  the  new  settlement,  and  consequently 
that  the  use  and  exercise  of  the  Royal  jurisdiction  remaineth  in  charge  of  the 
Political  Governor  of  the  province  of  the  Alcalde,  Mayor,  or  Lieutenant  that 
you  may  name,  it  is  necessary  that  the  selection  for  this  office  should  fall  upon 
one  of  sufficient  instruction  and  knowledge  to  promote  the  advancement  of  the 
new  settlement,  to  make  the  distributions  of  houses,  building  lots  (solares)  and 
water  privileges,  and  to  observe  with  precision  the  articles  of  these  instructions 
and  the  other  orders  that  may  successively  be  communicated  to  you. 

4th.  For  your  better  rule  of  conduct  and  government,  in  conformity  with  the 
decree  in  the  laws  10,  tit.  15  ;  2  and  19,  titles  7th,  1st,  2d  and  3d  ;  tit.  10,  book 
4,  de  la  Recopilacion,  immediately  after  the  number  of  settlers,  shall  count  thirty 
residents,  there  shall  be  established  a  council  (cabildo)  or  ayuntamiento,  com- 
posed of  two  ordinary  alcaldes,  six  "regidores."  one  prosecuting  (syndico)  at- 
torney of  the  community,  and  one  "  mayordomo  de  propios,"  to  whose  charge 
shall  devolve  the  economical  management,  the  care  of  provisioning  (abastos) 
and  of  the  cleanliness  and  police  of  the  new  settlement,  the  mentioned  electors 
being  elected  the  first  time  by  all  the  residents,  and  thereafter  by  the  members 
(vocales)  of  the  Ayuntamiento,  in  conformity  with  the  decree  of  the  laws  on 
that  subject,  and  the  elections  shall  be  returned  annually  to  the  Political  Gov- 
ernor of  the  Province,  so  that  in  virtue  of  his  approbation  the  officers  elected 
may  take  possession  and  enter  upon  the  discharge  of  their  respective  offices. 

5th.  The  two  ordinary  alcaldes  shall  also,  by  way  of  precaution,  and  jointly 
with  the  first  alcalde  or  commissioner,  exercise  the  royal  jurisdiction,  ordinary, 
civil,  and  criminal  in  the  first  instance,  subject  to  the  appeals  to  the  Royal 
Supreme  Court,  to  the  Governor,  or  to  the  Ayuntamiento,  in  the  cases  wherein 
they  correspond  to  each  and  every  one,  by  the  laws  of  the  kingdom,  as  pre- 
scribed in  the  first  and  following  ti'tle  3d,  book  5th. 

6th.  The  tract  of  four  leagues  granted  to  the  new  settlement  being  measured 
and  marked  out  (demarcado  y  amojonado  que  sea  el  terreno  de  cuatro  leguas 
concedido  a  la  nueva  poblaciou)  its  pastures,  woods,  water  privileges,  hunting, 
fishery,  stone  quarries,  fruit  trees,  and  other  privileges,  shall  be  for  the  common 
benefit  of  the  Spaniards  and  Indians  residing  therein,  and  in  its  suburb  or  vil- 
lage, "  de  los  Seris,"  (y  en  su  razzia  6  Aldea  de  los  Seris)  as  shall  also  be  the 
pastures  of  the  lands  and  estates  (heredades),  the  grain  sowed  therein  being 
harvested,  as  directed  by  the  laws  5th  and  following  title  17th,  book  4th,  de  la 
Recopilacion. 

7th.  The  residents  and  natives  shall  enjoy  equally  the  woods,  pastures,  water 
privileges,  and  other  advantages  of  the  royal  and  vacant  lands  that  may  be  out- 
side of  the  land  assigned  to  the  new  settlement,  in  common  with  the  residents  and 
natives  of  the  adjoining  and  neighboring  pueblos,  which  bounty  and  privilege 
shall  continue  as  long  as  they  are  not  changed  or  altered  by  His  Majesty,  in 
which  case  they  shall  conform  to  that  which  has  been  provided  in  the  Royal 
orders  that  may  be  issued  in  favor  of  the  new  possessors  or  owners  (proprie- 
taries) . 

8th.  The  place  which  has  been  considered  more  appropriate  to  locate  the 
new  settlement,  having  been  selected  and  marked  out,  the  commissioner  shall 
superintend  its  establishment ;  all  the  houses  and  other  buildings  thereof,  which 
shall  successively  be  constructed,  shall  conform  to  the  sketch  or  plan  made  by 
the  extraordinary  engineer,  Don  Manuel  Mascaro,  which,  in  order  that  it  be 
taken  in  consideration,  shall  be  annexed  and  made  a  guide  to  these  instructions 


ADDENDA,  NO.  VII.  13 

and  municipal  ordinance,  according  to  which  plan  the  streets  shall  run  in  a 
straight  line  most  suitable  to  facilitate  the  traffic  and  communication  of  the 
citizens  and  settlers,  and  their  regularity  and  symmetry  contributing  to  embel- 
lish the  settlement,  its  cleanliness  and  health  to  the  benefit  of  those  that  they 
may  fix  themselves  therein. 

9th.  The  space  of  ground  that  every  block  shall  comprise  being  marked  out 
in  the  plan  or  sketch,  and  as  it  is  not  easy  to  determine  the  building  lot  (solar) 
that  will  be  sufficient  for  every  resident  settler,  on  account  of  the  inequality 
that  may  exist  between  the  families,  and  the  means  of  those  who  may  conclude 
to  become  so,  to  the  prudent  arbitration  of  the  commissioner  is  left  the  power 
of  granting  to  them  the  building  varas,  which  according  to  their  families, 
wealth,  and  other  just  considerations,  he  shall  deem  each  one  might  need,  culti- 
vate, and  build  upon  ;  for  which  purpose,  and  so  that  all  may  possess  that 
which  may  be  corresponding  to  their  means,  there  can  be  distributed  to  them  a 
block,  half  of  a  fourth,  or  eighth  portion,  which  are  the  divisions  most  suitable 
to  carry  out  the  object  of  making  uniform,  as  far  as  possible,  the  buildings  of 
the  settlement. 

10th.  So  as  to  avoid  difficulties  which  the  voluntary  marking  out  of  lots 
might  occasion,  owing  to  the  preference  or  ameliorations  of  the  one  over  the 
other,  the  distribution  shall  be  made  between  the  first  settlers  casting  lots  as 
prescribed  in  the  law  11,  title  7th,  book  4th,  de  la  Recopilacion. 

llth.  The  extraordinary  engineer,  Don  Manuel  de  Mascaro.  having  marked 
out  the  place  in  which  the  new  settlement  shall  be  located,  there  shall  be  left 
for  the  lour  fronts  of  its  circumference  commons  (ejidos)  suitable  for  the  settlers 
to  amuse  themselves,  drive  out  their  cattle  without  doing  injury,  and  so  that  as 
they  increase  hereafter  there  may  be  land  to  grant  them,  so'that  they  might 
build  their  houses  and  habitations  as  provided  by  the  laws  7th,  13th  and  14th 
of  the  forementioned  title  7th,  book  4th,  of  the  Recopilacion. 

12th.  The  same  shall  also  proceed  to  mark  out  and  lay  out  the  pasture 
grounds,  which  shall  be  made  sufficient  so  that  the  work-oxen  and  the  cattle  for 
the  provisioning  of  the  new  settlement  may  pasture  abundantly  and  with  ease, 
endeavoring  to  choose  for  that  purpose  the  lands  abounding  in  pastures,  and 
that  may  not  be  of  the  best  quality  to  produce  wheat  or  other  grains  and  veg- 
etables useful  to  the  consumption  and  subsistence  of  the  settlers  and  their  fami- 
lies, as  provided  in  the  forementioned  laws  7th  and  14th,  title  7th,  book  4th, 
of  the  Recopilacion. 

13th.  The  laying  out  of  the  commons  (ejidos)  arid  of  the  common  pasture 
grounds  being  completed  (evacuado  el  senalmiento  de  los  ejidos  y  a  la  dehesa 
comun  6  Prado  Boyal)  the  commissioner  shall  make  a  careful  calculation  of  all 
the  useful  and  productive  land,  which  by  means  of  the  ditch  can  be  irrigated, 
and  of  the  balance,  which,  without  possessing  this  advantage,  he  may  consider 
adaptable  to  cultivatible  lands  and  crops  depending  on  the  seasons  (de  tem- 
poral) and  dividing  the  other  into  equal  (suertes)  of  four  hundred  varas  in 
length  and  two  hundred  in  breadth,  which  is  that  which  is  generally  contained 
in  land  sown  with  a  fanega  of  corn  ;  he  shall  ascertain  the  number  of  suertes 
of  both  kinds  there  may  be  to  distribute  to  the  new  settlers  and  to  those  that 
may  join  them  and  increase  their  numbers  hereafter. 

14th.  The  "suertes"  having  thus  been  divided  from  those  most  useful  and  ad- 
joining the  Pueblo,  and  that  have  the  advantage  of  irrigation,  there  shall  be 
marked  out  and  laid  out  eight  •'  suertes  "  that  shall  remain  applied  to  the  funds, 
(de  propios)  the  proceeds  of  which  shall  be  administered  by  the  "  mayordomo  " 
whom  the  ayuntamiento  may  appoint,  whose  duty  it  shall  be  to  render  accounts 
annually  that  will  be  examined  and  approved,  referring  them  previously  to  the 
prosecuting  Syndic,  or  agent  of  the  community,  so  that  in  his  defense  he  may 
make  the  notes  or  investigations  he  may  deem  justifiable  and  corresponding ; 
and  admitting  that  their  proceeds  should  be  used  for  the  public  benefit  of  all 


14  ADDENDA,  NO.  VII. 

the  inhabitants  under  the  rules  which  are  established  for  the  security  of  his 
faithful  management  and  legitimate  disbursing,  and  that  actually  there  is  no 
public  fund  with  which  to  defray  the  expenses  of  their  first  plowing,  sowing, 
and  crops,  the  settlers  and  residents  will  be  under  the  obligation  to  aid  in  per- 
forming them  personally,  or  by  means  of  their  (peons)  laboring  men,  yokes  of 
oxen  and  cattle,  in  the  equitable  manner  that  the  commissioner  may  direct,  and 
who  shall  distribute  the  work  in  such  manner  that  all  may  participate  in  it 
equally,  without  excepting  any  settler  or  resident,  with  the  understanding  that 
this  arrangement  shall  be  limited  to  the  first  plowing,  sowing  and  crops,  with 
the  proceeds  of  which  shall  be  defrayed  the  costs  of  the  next,  bearing  the  net 
balance  to  the  benefit  of  the  common  fund  (fondo  propios)  to  convert  it  to  the 
object  of  the  public  good,  notwithstanding  that  by  the  laws  of  the  kingdom 
these  species  of  property  are  appropriated. 

15th.  The  making  out  and  adjudging  of  the  eight  "  suertes  "  of  irrigable 
land  for  the  benefit  of  the  common  fund  (propios)  of  the  new  settlement  being 
ascertained,  the  remaining  "  suertes  "  that  may  be  useful  in  its  district,  be  they 
irrigable  or  arrable,  shall  remain  to  the  benefit  of  the  settlers  to  whom  they 
shall  be  distributed  and  granted  as  they  establish  themselves  therein,  and  as  it  is 
not  possible  to  establish  a  fixed  rule  on  the  number  of  "  suertes  "  that  can  be 
distributed  and  granted  to  every  settler,  to  the  wise  judgment  of  the  commis- 
sioner is  left  the  power  of  regulating  and  granting  to  them  those  which  he  may 
consider  sufficient  for  the  maintenance  of  the  family  of  every  one,  taking  in 
consideration  the  number  of  persons  composing  it,  those  existing  among  them 
fit  for  labor  and  cultivation,  the  whole  of  the  agricultural  implements  and  other 
utensils  which  each  one  might  own  to  undertake  it,  and  finally  their  respective 
industry,  as  it  is  just  that  he  who  possesses  the  same  should  obtain  in  recom- 
pense thereof  a  larger  number  of  "  suertes  "  than  those  who  by  indifference  and 
inapplication  shall  leave  without  cultivation  those  "  suertes  "  which  shall  have 
been  marked  out  to  them.  Under  these  considerations  the  first  distribution 
among  the  actual  settlers  shall  be  completed,  not  exceeding  three  "  suertes  " 
which  can  be  granted  to  every  one,  leaving  the  remaining  others  so  as  to  dis- 
tribute them  to  those  who  hereafter  shall  have  joined  the  settlement — to  the  sons 
of  families  who  having  actually  settled  belong  to  the  class  of  residents,  or  to  the 
same  settlers  who  by  the  industry  and  application  with  which  they  have  devoted 
themselves  to  the  cultivation  of  the  first  distributed  "  suertes  "  deserve  an  aug- 
mentation of  other  "  suertes,"  which  never  can  exceed  the  same  number  which 
in  the  first  distribution  shall  have  been  marked  out  to  them. 

16th.  As  it  is  -very  ^convenient  for  the  settlers  that  the  number  of  "  suertes  " 
that  may  be  distributed  to  them  should  be  united  and  contiguous  to  each  other, 
so  that  in  this  way  they  may  better  attend  to  their  cultivation  without  the 
diversity  of  attention  occasioned  by  the  distance  of  lands  one  from  another,  the 
commissioner  shall  make  it  his  duty  to  bear  in  mind  this  consideration,  so  as  to 
adapt  to  the  settlers,  as  much  as  possible,  the  advantage  of  the  assemblage  of 
"  suertes,"  or  at  least  the  less  distance  that  can  be  made  to  exist  between  those 
which  may  be  distributed  to  them,  and  so  as  to  avoid  the  differences  that  may 
from  the  improvements  of  some  lands  with  regard  to  others,  after  they  shall 
have  been  divided  in  the  manner  hereafter  provided,  he  (the  commissioner)  shall 
proceed  to  make  the  first  distribution,  casting  lots  for  the  same  among  the  set- 
tlers, as  is  provided  with  regard  to  the  (solares)  town  lots  in  the  article  10  of 
these  instructions. 

17th.  The  commissioner  in  whose  charge  shall  be  the  new  settlement  and  the 
distribution  of  lands  and  town  lots  (solares),  shall  make  a  book  or  register 
(quaderno)  in  which  shall  appear  the  original  steps  of  distribution  that  were 
taken,  which  book  shall  be  kept  in  the  archives  of  the  Ayuntamiento  of  the 
new  settlement ;  and  with  regard  to  those  steps,  he  shall  give  to  each  settler  an 
attestation  or  certificate,  explaining  with  brevity,  distinctness,  and  clearness  the 


ADDENDA,  NO.  VII.  15 

extent  and  boundaries  of  the  (solar)  town  and  "  suertes  "  which  he  may  have 
respectively  assigned  to  them,  which  instrument  shall  serve  them  as  a  title  in 
fee  for  themselves,  their  children  and  descendants,  warning  them  that  for  this 
purpose  they  shall  keep  it,  and  that  if  they  were  to  lose  it  by  some  uninten- 
tional accident,  they  may  have  recourse  to  the  commissioner  or  to  the  Ayunta- 
miento  to  give  them  a  true  copy  of  the  proceedings,  which  for  this  purpose 
shall  remain  in  the  archives. 

18th.  Thus  in  the  original  proceedings  of  distribution,  as  in  the  certificates 
or  titles  in  fee  which  shall  have  been  given  to  the  settlers,  the  commissioner 
shall  also  make  kown  that  the  (solares)  town  lots  and  lands  shall  be  distributed 
and  granted  in  the  name  of  His  Majesty  perpetually — forever  and  ever — and  by 
right  of  inheritance,  for  themselves,  their  children  and  descendants,  with  the 
positive  conditions  that  they  shall  keep  arms  and  horses  and  be  ready  to  defend 
the  country  from  the  insults  of  the  enemies  that  might  commence  hostilities 
against  it,  and  to  march  against  them  whenever  they  shall  be  ordered ;  that 
they  shall  build  and  occupy  their  houses  and  reside  with  their  families  in  the 
new  settlement  at  least  for  the  space  of  four  years  ;  that  during  this  time  they 
cannot  alienate,  hypothecate,  nor  subject  to  any  incuinbrance  whatsoever  the 
lands  and  town  lots  (solares)  which  shall  have  been  granted  to  them,  even  should 
it  be  for  a  pious  purpose  ;  that  within  the  precise  space  of  two  years  they  shall 
work  and  cultivate  the  lands  which  shall  have  been  donated  to  them,  and  they 
shall  at  least  commence  building  the  houses  upon  the  town  lots  which  shall 
have  been  marked  out  to  them,  under  the  penalty  that  whosoever  shall  abandon 
them  over  this  length  of  time  shall  lose  both,  and  they  can  be  given  to  another 
more  diligent :  that  having  fulfilled  these  conditions,  and  resided  for  four  years 
with  house  and  family  in  the  new  settlement,  they  shall  acquire  the  real  owner- 
ship of  the  lands  and  town  lots  which  shall  have  been  distributed  to  them,  and 
of  the  houses  and  edifices  in  which  they  shall  have  worked,  and  they  shall  be 
empowered  hereafter  with  the  authority  to  sell  them,  and  to  dispose  of  them  at 
their  own  free  will,  as  they  would  of  a  thing  of  their  own,  as  provided  by  the 
law  1,  title  12,  book  4  of  the  Recopilacion,  but  under  the  condition  that  they 
never  can  sell  or  alienate  them  to  a  church,  monastery,  ecclesiastic  community, 
nor  to  any  of  those  called  mortmain,  as  provided  in  the  law  1st  of  the  same  title 
and  book,  under  the  penalty  that  he  who  shall  contravene  the  same  shall  lose 
the  lands  and  edifices,  which  in  this  case  can  be  distributed  to  others ;  and 
finally,  that  within  the  three  months  that  the  grant  and  distribution  shall  have 
been  made  to  them,  they  shall  be  under  the  obligation  to  take  posssssion  of  the 
building  lots  and  lands  which  shall  have  been  marked  out  to  them,  and  to  plant 
all  the  bounds  and  limits  thereof  with  fruit  trees  or  other  which  may  be  useful 
to  the  supplying  of  the  settlement  with  provisions,  by  which  means  its  district 
shall  enjoy  a  good  and  peaceable  management,  and  they  shall  avail  themselves 
of  the  fruit,  wood  and  timber  which  shall  be  produced  for  their  domestic  uses 
and  for  the  farming  utensils  which  they  need  indispensably,  as  provided  in  the 
law  llth  of  said  title  and  book. 

19th.  The  advantage  of  irrigation  being  the  principal  means  of  fertilizing 
the  lands,  and  the  most  conducive  to  the  increase  of  the  settlement,  the  Com- 
missioner shall  take  particular  care  to  distribute  the  waters  so  that  all  the  land 
that  may  be  irrigable  might  partake  of  them,  especially  at  the  season  of  spring 
and  summer,  when  they  are  most  necessary  to  the  cultivated  land  in  order  to 
insure  the  crops,  for  which  purpose,  availing  himself  of  skillful  or  intelligent 
persons,  he  shall  divide  the  territory  into  districts  (partidos)  or  hereditaments, 
marking  out  to  each  one  a  trench  or  ditch  starting  from  the  main  source,  with 
the  quantity  of  water  which  might  be  regulated  as  sufficient  for  its  irrigation,  at 
the  said  periods  and  at  the  other  seasons  of  the  year  that  they  may  need  them. 
by  which  means  each  settler  shall  know  the  trench  or  ditch  by  which  his  hero 
ditament  shall  be  irrigated,  and  that  he  cannot  and  shall  not  have  the  power  to 


16  ADDENDA,  NO.  VII. 

take  the  water  of  another,  nor  in  a  greater  quantity  than  that  which  may  fall  to 
his  share,  for  which  purpose  and  that  it  may  not  increase  in  injury  to  the  owners 
situated  on  the  land  beyond  or  still  lower,  it  shall  be  proper  for  the  trenches  or 
partitions  to  be  constructed  in  the  main  ditch  made  of  lime  and  stone  at  the 
cost  of  the  settlers  themselves. 

20th.  In  order  that  these  (the  settlers)  might  enjoy  with  equity  and  justice 
the  benefit  of  the  waters  in  proportion  to  the  need"  of  their  respective  crops, 
there  shall  be  named  annually  by  the  Ayuntamiento  one  Alcalde  (or  Mandador) 
for  each  trench,  to  whose  charge  shall  iall  the  care  of  distributing  them  in  the 
estates  (heredades)  comprised  in  the  "  partido"  or  hereditament,  which  shall  be 
irrigated  by  them  in  proportion  to  their  need  for  this  benefit,  designating  by  a 
list  which  he  shall  make  out  the  hours  of  day  and  night  at  which  each  owner 
(heredado)  shall  irrigate  his  lands  sown  with  grain  ;  and  in  order  that  by  the 
carelessness  or  indolence  of  the  owners  (duenos)  those  (the  lands)  that  may 
need  them  shall  not  remain  without  irrigation,  nor  the  crops  be  lost,  whereby 
independent  of  the  private  injury  may  also  result  that  of  the  public  and  com- 
munity, produced  by  the  want  of  provisions  and  supplies,  it  shall  also  come 
within  the  duty  of  the  Alcalde,  or  Mandador,  for  each  trench  to  have  a  servant 
(peon)  or  day-laborer  knowing  the  hour  of  the  day  or  night  designated  for  the 
irrigation  of  each  tract  of  land  or  corn-field,  who,  in  default  of  its  owner,  shall 
take  care  to  irrigate  it ;  the  just  price  of  his  labor,  which  shall  be  caused  to  be 
paid  to  him  by  the  owner  of  the  land  or  estate  (heredad)  irrigated,  to  be  there- 
after regulated  by  the  Commissioner  or  by  the  Justice. 

21st.  The  repairs  and  cleansing  out  which  the  main  ditch  may  need  for  its 
conservation,  shall  be  done  at  the  expense  of  the  whole  neighborhood  at  the 
periods  which  the  Commissioner  and  Ayuntamiento  shall  designate,  every  resi- 
dent aiding  therein  by  his  assistance  and  personal  labor,  or  in  default  thereof 
by  the  quantity  which  by  partition  and  an  equitable  distribution  shall  be  desig- 
nated to  him  to  pay  and  satisfy  the  servants  (peons)  ;  and  with  regard  to  the 
repairs  and  cleansing  out  of  the  distributing  dams  and  ditches  destined  to  the 
irrigation  of  the  "  partidos "  or  hereditaments  in  which  the  land  is  to  be 
divided,  it  shall  be  the  duty  of  the  "  hacenderas,"  or  owners,  whose  lands  (suer- 
tes)  and  possessions  shall  be  irrigated  by  them  (the  dams  and  ditches),  amongst 
whom  shall  be  divided  the  expenses  which  they  may  occasion  pro  rata  to  the 
number  of  "  suertes  "  which  each  one  shall  possess  in  said  "  partido,"  or  here- 
ditament, belonging  to  the  (cavildo)  Council  or  Ayuntamiento,  in  common  with 
the  Commissioner,  to  determine  upon  those  in  which,  without  injury  to  the  cul- 
tivated lands,  the  above  mentioned  cleansing  out  and  repairs  shall  be  made. 

22d.  So  as  to  avoid  the  damages  and  injuries  which  through  the  negligence 
of  their  owners  the  large  cattle  and  the  sheep  do  on  the  cultivated  lands,  there 
shall  be  appointed  annually  by  the  Ayuntamiento  two  Alcaldes  (Guardias  de 
Campo),  that  the  one  shall  exercise  his  functions  by  day,  and  the  other  by  night ; 
and  like  public  officers,  who  shall  swear  before  the  Ayuntamiento  to  well  and 
faithfully  perform  their  duty,  their  depositions  shall  be  credited  unless  a  proof 
is  proffered  against  the  same  sufficient  to  justify  the  contrary,  and  both  shall  be 
under  the  obligation  to  watch  by  day  and  by  night  that  the  cattle  do  not  occa- 
sion damages  in  the  cultivated  lands  of  the  neighborhood,  and  to  apprehend 
those  that  they  may  encounter  so  doing,  which  they  will  drive  to  a  "  corral  " 
which  shall  be  made  for  the  purpose,  and  to  be  called  "  Corral  del  Consejo," 
reporting  and  denouncing  them  immediately  to  justice,  so  that  under  their  sworn 
authority  they  proceed  summarily  and  effectively,  and  make  known  and  value 
the  damage  they  may  have  occasioned,  and  to  oblige  the  owner  of  the  appre- 
hended cattle  to  pay  the  same  and  to  satisfy  him  (the  Alcalde)  for  the  culti- 
vated land  which  may  have  suffered  the  same. 

23d.  As  it  is  not  sufficient  to  prevent  and  avoid  the  damages  which  the  cat- 
tle frequently  occasion  on  the  cultivated  lands,  to  compel  its  owners  to  the  pay- 


ADDENDA,  NOS.  VII,  VHI.  17 

ment  of  the  value  at  which  they  (the  damages)  shall  be  estimated,  it  becomes 
necessary  to  recover  it  to  impose  upon  them  some  other  moderate  pecuniary 
fine,  which,  exacted  irremissibly  in  all  cases  of  contravention,  obliges  them  to 
heed  them  and  not  to  reiterate  them ;  and  to  regulate  the  above  mentioned 
pecuniary  fine  a  thorough  knowledge  of  the  country,  of  the  condition  of  its 
inhabitants,  and  of  the  value  of  the  cattle  being  indispensable,  this  sub- 
ject shall  be  reserved  to  the  Ayuntamiento,  so  that  in  common  with  the  Com- 
missioner they  fix  and  determine  upon  the  fine  to  be  imposed  and  exacted 
in  cases  of  contravention,  taking  care  that  the  fine  be  greater  for  those  who 
shall  occasion  damage  by  night,  on  account  of  the  greater  difficulty  of  their 
being  apprehended  and  punished. 

24th.  And  lastly,  as  it  is  peculiarly  the  province  of  the  ( Cavildos)  Councils, 
or  Ayuntamientos,  as  being  the  best  informed  of  that  which  becomes  the  com- 
munity and  public  which  they  represent,  to  determine  and  resolve  upon  the  sub- 
jects and  measures  which  they  may  consider  most  useful  and  conducive  to  their 
better  management  and  economical  and  political  government,  and  which  being 
approved  by  the  highest  authority  appertain  to  the  class  of  municipal  ordi- 
nances which  are  to  be  observed  as  the  particular  laws  of  every  settlement,  so 
far  as  they  are  not  in  opposition  to  the  general  laws  established  by  the  sovereign, 
this  Ayuntamiento  of  the  new  settlement  shall  be  vested  with  this  same  power, 
and  in  using  of  this  power  and  acting  in  common  with  the  Commissioner  of  its 
establishment,  they  shall  fix  and  promulgate  the  articles,  or  municipal  ordi- 
nances, which  they  may  consider  most  useful  and  necessary,  and  which  they 
shall  report  to  this  Superior  Government,  so  that  in  virtue  of  its  approval  they 
be  valid  and  observed. 

CHIHUAHUA,  14th  of  November,  1789.  JUAN  GASIOT, 

Y.  MIEALLES. 


No.  VIII. 

[California  Archives,  Vol.1,  Missions  and  Colonization,  page  850;  1  Rockwell,  451;  Hal- 
leek's  Report,  Ex.  Doc.  No.  17, 1st  Sess.  31st  Cong.,  H.  of  Rep.,  page  451.] 

In  conformity  with  the  opinion  of  the  assessor  of  the  comanddncia  general, 
I  have  determined  in  a  decree  of  this  date  that,  notwithstanding  the  provisions 
made  in  the  81st  article  of  the  ordinance  of  intendentes,  the  captains  of  pre- 
sidios^are  authorized  to  grant  and  distribute  house-lots  and  lands  to  the  soldiers 
and  citizens  (soldados  y  vecinos)  who  may  solicit  them  to  fix  their  residences  on. 

And  considering  the  extent  of  four  common  leagues  measured  from  the  cen- 
tre of  the  presidio  square,  viz  :  two  leagues  in  every  direction,  to  be  sufficient 
for  the  new  pueblos  to  be  formed  under  the  protection  of  said  presidios,  (que 
van  formandose  a  su  abrigo)  I  have  likewise  determined,  in  order  to  avoid 
doubts  and  disputes  in  future,  that  said  captains  restrict  themselves  hencefor- 
ward to  the  quantity  of  house-lots  and  lands  within  the  four  leagues  already 
mentioned,  without  exceeding  in  any  manner  said  limits,  leaving  free  and  open 
the  exclusive  jurisdiction  belonging  to  the  intendentes  of  the  royal  hacienda, 
respecting  the  sale,  composition,  and  distribution  of  the  remainder  of  the  land 
in  the  respective  districts. 

^And  that  this  order  may  be  punctually  observed  and  carried  into  effect,  you 
will  circulate  it  to  the  captains  and  commandants  of  the  presidios  of  your 
province,  informing  me  of  having  done  so. 

God  preserve  you  many  years. 

CHIHUAHUA,  October  22,  1791. 

PEDRO  DE  NAYA. 
Senor  DON  JOSEPH  ANTONIO  EOMEN. 


18  ADDENDA,  NOS.  IX,  X. 

No.  IX. 

EXHIBIT  B  IN  THE  CASE. 

[California  Archives,  Vol.  I,  Missions  and  Colonization,  page  874.] 
JULY  IST,  1796. 

Report  of  Don  Pedro  de  Alberni,  who  had  been  ordered  by  Governor  to  make  a 
careful  examination  of  the  country,  and  report  the  most  suitable  location  for 
the  Villa  of  Branciforte,  ordered  to  be  established  by  the  Viceroy. 

Having  examined  the  points  set  forth  in  the  foregoing  Superior  Official 
Communication,  as  well  as  those  requiring  me  to  set  forth  all  that  I  might 
think  necessary,  I  reply  as  follows :  The  principal  object  and  view  of  the 
whole  matter  may  be  reduced  to  the  project  formed  by  Don  Jose  Ma  Beltram, 
and  forwarded  by  the  Royal  Tribunal  de  Cuentas  to  the  Most  Excellent  Viceroy, 
in  relation  to  the  establishment  of  a  Villa  or  Poblacion  ;  and  its  being  neces- 
sary to  remember  that,  in  order  to  attain  the  desired  end,  an  eye  must  be  had  to 
such  favorable  circumstances  as  are  required  to  give  to  the  inhabitants  of  the 
same  the  necessary  advantages,  such  as  a  plentiful  supply  of  water,  wood,  irri- 
gable and  arable  lands,  forests,  pastures,  stone,  lime,  or  earth  for  adobes ;  and 
having  been  commissioned  to  this  end  for  the  examination,  which  I  made  with 
the  Senor  Governor  Don  Diego  de  Borica,  of  the  country  from  the  Mission  of 
Santa  Cruz,  Arroyo  del  Pajaro,  and  the  Mission  of  Santa  Clara,  to  the  place 
of  the  Alameda,  and  the  country  around  the  Presidio  and  Fort  of  San  Fran- 
cisco, and  the  Mission  of  the  same  name.  After  a  careful  and  scrupulous 
examination  of  these  places  with  the  Engineer  Extraordinary,  Don  Alberto  de 
Cordoba,  I  found  that  the  place  of  the  Alameda,  although  it  contains  a  creek, 
still  that  it  affords  but  little  water,  and  that  the  channel  is  so  deep  [low  ?]  that  it 
is  difficult  to  obtain  water  therefrom  for  irrigating  the  extensive  plains  of  what 
appears  to  be  good  lands  ;  but  as  the  place  is  without  fuel,  timber,  and  pastur- 
age, which  cannot  be  obtained  save  at  the  distance  of  many  leagues,  it  is  clear 
that  it  is  unsuitable  for  the  project  under  consideration. 

In  the  District  of  the  Presidio  of  San  Francisco,  as  also  in  that  of  the  Fort 
or  Battery,  :and  in  those  of  the  Mission,  at  the  distance  of  a  league,  there  is  not 
only  wanting  irrigable  lands,  but  there  is  a  very  small  extent  of  such  as  are  de 
temporal  (suitable  for  grain).  The  water  is  so  scarce  that  it  is  scarcely  suffi- 
cient for  the  few  families  that  reside  at  the  Presidio,  and  from  a  few  holes 
(positos)  from  which  at  intervals  they  obtain  water  with  much  labor,  they  have 
to  supply  themselves.  Groves  or  timber  is  found  at  a  distance  of  twelve  or 
fourteen  leagues,  and  pasturage  for  the  little  stock  of  the  garrison  is  only  found 
at  a  distance  of  five  or  six  leagues.  The  wood  used  in  cooking  is  some  mator- 
rales,  or  chiamisos,  as  it  is  there  called,  which  grows  upon  the  sand  hills.  And 
therefore  I  am  convinced  that  the  worst  place  or  situation  in  California  is  that 
of  San  Francisco  for  the  establishment  of  such  a  villa  as  is  proposed  by  the 
Senor  Contador,  Don  Jose  Ma  Beltram. 


No.  X. 

[Leyes  Vigentes,  page  28;  1  White's  Recopilacion,  416;  1  Rivera  Nueva  Coleccion  de  Leyes 
y  Decretos  Mexicanos,  890.] 

Decree  of   the   Spanish   Cortes  of   May   23d,  1812. 
FORMATION  OF  THE  CONSTITUTIONAL  AYUNTAMIENTOS. 

The  general  and  extraordinary  Cortes,  convinced  that  it  is  equally  important 


ADDENDA,  NO.  X.  19 

to  the  welfare  and  tranquility  of  families,  and  the  prosperity  of  the  nation,  that 
Common  Councils  (Ayuntamientos)  be  established  as  soon  as  practicable  in 
such  towns  (pueblos)  where  it  is  proper  that  they  should  be  instituted  and 
which  have  not  hitherto  enjoyed  the  benefit  thereof,  as  well  as  to  avoid  the 
doubts  which  might  arise  in  the  execution  of  what  has  been  prescribed  on  this 
subject  in  the  Constitution,  and  to  establish  a  uniform  rule  for  the  appointm-nt, 
form  of  election,  and  the  number  of  its  members,  decree  as  follows  : 

1.  Every  town  (pueblo)  which  has  no  Common  Council,  (Ayuntamiento)  and 
the  population  of  which  does  not  amount  to  one  thousand  souls,  and  which,  on 
account  of  the  peculiar  condition  of  its  agriculture,  industry,  or  population, 
requires  a   Common  Council,  (Ayuntamiento)  will  make  the  same  known  to 
the  Deputation  of  the  Province,  in  order  that  by  virtue  of  this  information  they 
may  apply  to  the  Government  for  the  requisite  permission. 

2.  Towns  (pueblos)  which  do  not  find  themselves  in  this  situation  shall  be 
united  to  the  Councils  (Ayuntamientos)  to  which  they  have  hitherto  belonged, 
as  long  as  the  improvement  of  their  political  condition  shall  not  require  other 
measures,  uniting  those  newly  formed  to  those  nearest  them  in  their  Province, 
or  to  those  which  have  lost  their  jurisdiction  for  want  of  population. 

3.  By  virtue  of  the  provision  of  the  312th  article  of  the  Constitution,  the 
functions  of  the  regidores  and  other  perpetual  officers  of  the  Common  Councils 
(Ayuntamientos)  cease  as  soon  as  the  Constitution  and  this  decree  shall  have 
been  received  in  each  town,  and  they  shall  be  elected  according  to  an  absolute 
plurality  of  votes  as  prescribed  in  the  313th  and  314th  articles  of  the  Consti- 
tution, as  well  in  those  towns  (pueblos)  where  all  have  the  quality  of  being 

'perpetual,  as  in  those  where  some  only  enjoy  this  privilege  ;  for  the  information 
of  those  towns  wherein  the  election  may  be  carried  into  effect  four  months 
before  the  expiration  of  the  year,  it  is  ordered  that  said  election  be  renewed  at 
the  end  of  the  month  of  December  of  the  same  year,  as  to  one-half,  those  to  go 
out  who  were  last  elected  ;  but  in  those  towns  wherein  the  elections  take  place 
when  less  than  four  months  are  required  to  terminate  the  year,  those  elected 
will  continue  in  their  employment  until  the  end  of  the  next  year,  when  one-half 
of  them  will  cease  to  hold  their  offices. 

4.  As  it  cannot  fail  to  be  proper  that  there  should  exist  between  the  govern- 
ment of  the  towns  and  its  inhabitants,  (el  gobierno  del  pueblo  y  su  vecindario) 
such  proportion  as  is  compatible  with  good  order  and  its  better  administration, 
there  shall  be  one  Alcalde,  two  Regidors,  and  one  Procurator  Syndic,  in  all 
towns  which  do  not  have  more  than  two  hundred   inhabitants  ;  one  Alcalde, 
four  Regidors,  and  one  Procurator,  in  those  the  population  of  which  exceeds 
two  hundred  but  does  not  exceed  five  hundred  inhabitants ;  one  Alcalde,  six 
Regidors,  and  one  Procurator,  in  those  which  possess  five  hundred  but  the  pop- 
ulation of  which  does  not  amount  to  one  thousand  inhabitants  ;  two  Alcaldes, 
eight  Regidors,  and  two  Procurator  Syndics,  in  towns  having  from  one  thou- 
sand  to   four   thousand   inhabitants,   and    the   number  of   Regidors  will    be 
augmented  to  twelve  in  those  towns  which  have  more  than  four  thousand 
inhabitants. 

5.  In  the  capitals  of  the  Provinces  there  must  be  at  least  twelve  Regidors, 
and  should  they  possess  more  than  ten  thousand  inhabitants  their  number  will 
be  sixteen. 

6.  In  following  out  these  principles  in  making  the  elections  to  fill  these  offices, 
it  is  ordered  that  the  election  take  place  on  some  day  of  festival  in  the  month  of 
December,  by  the  inhabitants  who  are  in  the  exercise  of  the  rights  of  citizen- 
ship, of  nine  electors  in  the  towns  which  have  less  than  one  thousand  inhabit- 
ants, of  sixteen  in  those  having  more  than  one  thousand  and  less  than  five 
thousand  inhabitants,  and  of  twenty-five  electors  in  those  towns  having  a  greater 
number  of  inhabitants. 

7.  This  election  being  completed,  there  shall  be  formed  on  another  day  of 


20  ADDENDA,  NOS.  X,  XI. 

festival  in  the  month  of  December  the  Board  of  Electors,  presided  by  the  polit- 
ical chief,  if  there  be  any,  and  if  not  by  the  oldest  of  the  Alcaldes,  and  in  the 
absence  of  the  Alcalde  by  the  oldest  Regidor,  in  order  to  deliberate  on  the 
persons  most  suitable  for  the  government  of  the  town,  (pueblo)  and  they  cannot 
adjourn  without  having  completed  the  election,  which  must  be  transcribed  in 
a  book  kept  for  this  purpose,  and  signed  by  the  President  and  the  Secretary, 
who  shall  be  likewise  Secretary  of  the  Council,  (Ayuntamiento)  and  said 
election  shall  be  immediately  published. 

8.  In  order  to  facilitate  the  appointment  of  the  electors,  especially  where  the 
population  is  numerous,  or  where  the  divisions  or  distances  of  the  towns  or 
parishes,  (los  pueblos  6  parroquias)  which  must  unite  in  order  to  form  their 
Council,  might  create  difficulties  or  delays,  Boards  are  to  be  formed  in  each 
parish  composed  of  all  the  inhabitants  domiciliated  therein,  which  must  be  pre- 
viously convoked,  and  must  be  presided  by  the  political  chief,  Alcalde  or 
Regidor,  and  each  one  of  them  must  elect  the  number  of  electors  to  which  it  is 
entitled,  in  the  proportion  which  its  population  bears  to  the  total  population, 
and  the  act  of  the  election  must  be  transcribed  in  a  book  kept  for  this  purpose, 
and  be  signed  by  the  President  and  the  Secretary,  which  the  Board  may 
appoint. 

9.  A  parish  Board  (Junta  de  parroquia)  cannot  be  held  in  towns  not  having 
fifty  inhabitants,  and  those  being  in  this  predicament  must  unite  among  them- 
selves, or  with  such  as  are  nearest ;  but  all  such  towns  as  have  hitherto  enjoyed 
the  privilege  of  nominating  electors  for  the  appointment  of  Justices,  Councils, 
or  deputies  in  common,  shall  retain  this  privilege. 

10.  If,  notwithstanding  what  has  been  provided  in  the  preceding  article,  there 
should  still  be  a  greater  number  of  parishes  than  there  are  electors,  still  an 
elector  is  to  be  nominated  by  each  parish. 

11.  If  the  number  of  parishes  should  be  less  than  the  number  of  electors, 
each  parish  will  elect  one,  two,  or  more,  until  it  has  completed  the  requisite 
number  ;  but  if  an  elector  were  yet  wanting,  he  must  be  appointed  by  the  parish 
having  the  largest  population  ;  and  if  another  be  still  wanting,  he  must  be 
elected  by  the  parish  having  the  next  largest  population,  and  so  successively. 

12.  Inasmuch  as  it  may  happen  that  there  exist  in  the  ultramarine  provinces 
some  towns  (en  las  provincias  de  ultramar  algunos  pueblos)  which,  owing  to 
peculiar  circumstances,  ought  to  have  Common  Councils  for  their  better  gov- 
ernment, but  whose  inhabitants  are  not  in  the  enjoyment  of  the  rights  of 
citizens,  they  have  nevertheless  the  right  to  elect  among  themselves  the  officers 
of  their  Councils,  in  conformity  to  the  rules  herein  prescribed  for  other  towns. 

13.  The  Common  Councils  wrill  not  in  future  have  any  permanent  Assessors 
with  fixed  salaries. 


No.  XI. 

[Leyes  Vigentes,  pages  56.  etc.] 
Decree  of  the  Cortes  of  Spain  of  the  fourth  of  January,  1813. 

ON  REDUCING  THE  VACANT  LAND  (BALDIOS)  AND  OTHER  COMMON  LANDS  TO  PRI- 
VATE PROPERTY,  CULTIVABLE  LOTS  TO  BE  GRANTED  TO  THE  DEFENDERS  OF  THE 
COUNTRY,  AND  TO  CITIZENS  WHO  ARE  NOT  PROPRIETORS.  (SOBRE  REDUCIR  LOS 
BALDIOS  Y  OTROS  TERRENOS  COMUNES  A  DOMINIO  PARTICULAR:  SUERTES  CONCE- 
DIDAS  A  LOS  DEFENSORES  DE  LA  PATRIA  Y  A  LOS  CIUDADANOS  NO  PROPRIETARIOS.) 

The  Cortes  general  and  extraordinary,  considering  that  the  reduction  of 
common  lands  (terrenes  communes)  to  private  property  is  one  of  the  measures 


ADDENDA,  NO.  XI.  21 

most  imperiously  demanded  for  the  welfare  of  the  PUEBLOS,  and  the  improve- 
ment of  agriculture  and  industry,  and  wishing,  at  the  same  time,  to  derive  from 
this  class  of  lands  aid  to  relieve  the  public  necessities,  a  reward  to  the  worthy 
defenders  of  the  country,  and  relief  to  the  citizens  not  proprietors,  decree  : 

1.  All   vacant  land  (baldios)  or  lands  belonging  to  the  Royal  patrimony 
(realengos)  and  lands  the  revenue  whereof  goes  to  the  use  of  the  pueblo  govern- 
ments, (propios  y  arbitrios)  wooded  or  otherwise,  as  well  in  the  Peninsula  and 
adjacent  islands  as  in  the  provinces  beyond  the  sea,  except  the  necessary  suburbs 
(egidos)  of  the  PUEBLOS,  shall  be  reduced  to  private  property,  providing  how- 
ever that  in  disposing  of  lands  the  revenue  whereof  goes  to  the  use  of  the 
pueblo  governments,  (propios  y  arbitrios)  the  yearly  revenue  derived  therefrom 
shall  be  supplied  by  the  most  appropriate  means,  to  be  proposed  by  the  respec- 
tive provincial  deputations,  and  approved  by  the  Cortes. 

2.  In  whatever  manner  these  lands  may  be  distributed  it  shall  be  in  fee 
simple  absolute  and  by  metes  and  bounds,  (acotados)  so  that  their  owners  may 
inclose  the  same,  without  prejudice  to  the  ravines,  cross  roads,  watering  places 
for  cattle,  Cabrevaderos)  and  easements,  (servidumbres)  and  enjoy  them  freely 
and  exclusively,  and  dedicate  them  to  any  use  and  cultivation  they  may  think 
best ;  but  they  shall  never  entail  them,  nor  transfer  them  at  any  time,  nor  under 
any  title  to  be  held  in  mortmain  (manos  muertas). 

3.  In  the  transfer  of  said  lands,  the  residents  of  the  pueblos  within  the  limits 
whereof  said  lands  may  be  shall  be  preferred,  and  the  commoners  of  said  pue- 
blos in  the  enjoyment  of  said  vacant  land  (baldios). 

4.  The  Territorial  Deputations  shall  propose  to  the  Cortes,  through  the 
Regency,  the  best  time  and  means  to  carry  out  these  dispositions  in  their  respec- 
tive provinces,  in  accordance  with  the  circumstances  of  the  district,  and  also 
the  lands  which  may  be  indispensable  to  reserve  for  the  pueblos,  that  the  Cortes 
may  decide  what  would  be  suitable  for  each  district. 

5.  This  business  is  recommended  to  the  zealous  attention  of  the  Regency  of 
the  kingdom,  and  of  the  two  Secretaries  of  State,  that  they  may  present  it  and 
explain  it  before  the  Cortes  whenever  proposals  may  be  made  by  the  Territorial 
Deputations. 

6.  Without  prejudice  to  the  foregoing  provisions,  one-half  of  the  vacant 
land  (baldiosj  and  lands  belonging  to  the  Royal  patrimony  (realengos)  of  the 
monarchy,  except  the  suburbs  of  the  pueblos,  (egidos)  is  hereby  reserved,  to  be 
in  whole  or  in  part,  as  may  be  deemed  necessary,  hypothecated  for  the  payment 
of  the  national  debt,  preferring  the  payment  of  the  claims  against  the  nation 
which  may  be  held  by  the  citizens  (vecinos)  of  the  pueblos  to  which  the  lands 
may  belong ;  and  in  the  latter  class,  preferring  such  claims  as  proceed  from  any 
supplies  furnished  to  the  national  armies,  or  war  loans  made  by  said  residents 
since  the  first  day  of  May,  1808. 

7.  In  selling  on  account  of  the  public  debt  said  one-half  of  the  vacant  land 
(baldios)  and  lands  belonging  to  the  Royal  patrimony,  (realengos)  or  the  part 
which  may  be  deemed  necessary  to  hypothecate,  the  citizens  (vecinos)  of  the 
respective  pueblos  shall  be  preferred  in  the  purchase  thereof,  and  the  common- 
ers in  the  enjoyment  of  the  aforesaid  lands ;  and  both  shall  be  allowed  to  pay 
the  full  price  of  said  lands  with  claims  duly  liquidated  held  by  them  on  account 
of  said  supplies  and  loans,  and  in  default  thereof  with  any  other  legitimate 
national  claim  they  may  hold. 

8.  There  shall  be  comprised  within  said  half  of  vacant  land  Cbaldios)  and 
lands  belonging  to  the  Royal  patrimony  (realengos)  the  portion  already  justly 
and  legally  sold  in  some  of  the  provinces  for  the  expenses  of  the  present  war. 

9.  Out  of  the  remainder  of  the  vacant  land  (baldios)  or  lands  belonging  to 
the  Royal  patrimony,  ( realengos )  or  lands  the  revenue  whereof  goes  to  the  use 
of  the  pueblo  governments,  (propios  y  arbitrios)  there  shall  be  given  gratis  one 
lot  of  the  best  land  for  cultivation  to  each  Captain,  First  or  Second  Lieutenant, 


22  ADDENDA,  NO.  XI. 

who  on  account  of  old  age,  or  having  become  an  invalid  in  the  military  service, 
shall  have  been  honorably  discharged  from  the  service,  be  they  either  citizens 
or  foreigners,  provided  that  in  the  districts  of  their  residence  there  should  be 
any  of  this  class  of  lands. 

10.  The  lots  to  be  granted  in  each  PUEBLO  to  the  officers  or  soldiers  shall  be 
equal  in  value,  proportionate  to  the  extent  and  quality  of  the  same,  and  larger 
in  some  districts  and  smaller  in  others,  according  to  the  circumstances  of  the 
same,  and  the  greater  or  less  extension  of  the  lands  ;  providing,  however,  if 
possible,  that  each  lot  may  be  such  that  if  reasonably  cultivated  it  shall  suffice 
to  the  support  of  an  individual. 

11.  These  lots  shall  be  designated  by  the  constitutional  Common  Councils 
(Ayuntamientos)  of  the  respective  pueblos  to  which  the  lands  may  belong,  as 
soon  as  the  interested  parties  present  before  them  the  documents  proving  their 
good  performance  in  and  honorable  discharge  from  the  service,  and  above  all 
the  statements  of  District  Attorneys  ( Procuradores  Sindicos)  shall  be  heard 
summarily  and  officially  without  exacting  fees  or  reward  of  any  kind.    The 
proceedings  (expediente)  shall  immediately  be  sent  to  the  Territorial  Deputa- 
tion that  it  may  approve  it  and  correct  any  error. 

12.  The  granting  of  these  lots,  (suertes)  which  shall  be  denominated  patriotic 
rewards,  shall  not  at  present  be  extended  to  any  other  individuals,  except  those 
now  serving  or  who  may  have  served  in  the  present  war,  or  in  the  pacification 
of  the  actual  revolts  in  some  of  the  provinces  beyond  the  sea.     But  it  comprises 
the  Captains,  First  and  Second  Lieutenants,  and  rank  and  file,  who  having 
served  in  either  may  have  been  honorably  discharged,  having  a  genuine  dis- 
charge, for  having  been  disabled  on  the  battle-field,  and  not  otherwise. 

13.  It  also  comprises  individuals  not  military,  who  having  served  as  guerril- 
las, or  contributed  in  any  other  manner  to  the  national  defense  in  this  war,  or 
in  the  American  revolts,  have  been  or  may  become  mutilated  or  disabled  in 
consequence  of  any  conflict  in  war. 

14.  These  favors  (gracias)  shall  be  granted  to  the  aforementioned  parties, 
though  they  may  on  account  of  their  services  and  brilliant  exploits  enjoy  other 
privileges. 

15.  Out  of  the  remainder  of  the  vacant  land  (baldios)  and  lands  belonging 
to  the  Royal  patrimony  (realengos)  there  shall  be  segregated  those  most  fit  for 
cultivation,  and  one  lot  (suerte)  only,  proportionate  to  the  extent  thereof,  shall 
be  given  gratis  and  by  lottery  to  every  resident  of  the  respective  PUEBLOS,  own- 
ing no  other  land,  and  who  may  apply  for  the  same,  provided  the  whole  amount 
of  lands  so  segregated  and  distributed  shall  not  exceed  one-fourth  of  said  vacant 
land  (baldios)  and  lands  belonging  to  the  Royal  patrimony  (realengos)  ;  and  if 
these  should  not  be  sufficient,  the  lot  shall  be  given  in  the  lands  the  revenue 
whereof  goes  to  the  use  of  the  pueblo  governments,  (propios  y  arbi trios)  impos- 
ing upon"  the  same  a  redeemable  tax  (car on)  equivalent  to  the  revenue  derived 
from  the  same  for  the  five  years  next  piec^ding  the  end  of  the  year  1817,  so 
that  the  municipal  funds  may  not  decrease. 

16.  If  any  of  those  favored  by  the  preceding  articles  should  fail  to  pay  said 
tax  (canon)  for  two  consecutive  years,  if  the  lands  belong  to  the  class  the  rev- 
enue whereof  goes  to  the  use  of  the  PUEBLO  governments,  (propios)  or  if  he 
had  it  for  his  own  benefit,  it  shall  be  given  to  a  more  industrious  resident  hav- 
ing no  land  of  his  own. 

17.  All  the  proceedings  for  these  grants  shall  be  made  by  the  Common 
Councils  (Ayuntamientos)   without  any  costs,  and  shall  in  like  manner  be 
approved  by  the  Provincial  Deputations. 

18.  All  lots  granted  in  accordance  with  articles  9,  10,  11,  12, 15,  shall  be  in 
fee  simple  absolute  (plena  propiedad)  to  the  grantees  and  their  successors  upon 
the  terms  and  conditions  expressed  in  article  the  second  ;  but  the  owners  of 
these  lots  cannot  dispose  of  them  before  four  years  have  elapsed  from  the  date 


ADDENDA,  NOS.  XI,  XII.  23 

of  the  grant,  nor  entail  them,  nor  transfer  them  at  any  time  under  any  title  to 
be  held  in  mortmain  (manos  muertas). 

19.  Any  of  the  aforementioned  grantees  or  their  successors  establishing  upon 
the  land  granted  his  permanent  habitation,  shall  be  for  the  period  of  eight  years 
exempted  from  the  payment  of  any  tax  or  impost  upon  said  land  and  the  pro- 
duct thereof. 

20.  This  decree  shall  be  circulated,  not  only  throughout  all  the  pueblos  of 
the  monarchy,  but  also  throughout  the  national  armies,  it  being  everywhere 
published,  so  that  it  may  come  to  the  notice  of  all  individuals  composing  the 
same. 


No.  XII. 

[Collection  de  Ordenes  y  Decretos  de  la  Soberana  Junta  Provisional  Gubernativa  y  Sober- 
anos  Congresos  Generales  de  la  Nation  Hexicana,  Vol.  Ill,  page  64,  etc.;  1  Rockwell, 
451;  Halleck's  Report,  ut  supra,  Appendix  4.] 

Decree  of  the  18th  August,  1824,  respecting  Colonization. 

The  sovereign  general  constituent  Congress  of  the  United  Mexican  States 
has  been  pleased  to  decree — 

1st.  The  Mexican  nation  promises  to  those  foreigners  who  may  come  to 
establish  themselves  in  its  territory,  security  in  their  persons  and  property,  pro- 
vided they  subject  themselves  to  the  laws  of  the  country. 

2d.  The  objects  of  this  law  are  those  national  lands  which  are  neither  private 
property  nor  belonging  to  any  corporation  or  pueblo,  and  can  therefore  be 
colonized.  (Son  objeto  de  esta  ley  aquellos  terrenes  de  la  nacion,  que  no 
siendo  de  propiedad  particular,  ni  pretenecientes  a  corporacion  alguna  6 
PUEBLO,  pueden  ser  colonizados.) 

3d.  To  this  end  the  Congress  of  the  States  will  form,  as  soon  as  possible, 
the  laws  and  regulations  of  colonization  of  their  respective  demarcation,  with 
entire  conformity  to  the  constitutive  act,  the  general  constitution,  and  the  rules 
established  in  this  law. 

4th.  Those  territories  comprised  within  twenty  leagues  of  the  boundaries  of 
any  foreign  nation,  or  within  ten  leagues  of  the  seacoast,  cannot  be  colonized 
without  the  previous  approval  of  the  supreme  general  executive  power. 

5th.  If,  for  the  defense  or  security  of  the  nation  the  federal  government  should 
find  it  expedient  to  make  use  of  any  portion  of  these  lands  for  the  purpose  of 
constructing  warehouses,  arsenals,  or  other  public  edifices,  it  may  do  so,  with 
the  approbation  of  the  general  Congress,  or  during  its  recess  with  that  of  the 
government  council. 

6th.  Before  the  expiration  of  four  years  after  the  publication  of  this  law,  no 
tax  or  duty  (direcho)  shall  be  imposed  on  the  entry  of  the  persons  of  foreigners, 
who  come  to  establish  themselves  for  the  first  time  in  the  nation. 

7th.  Previous  to  the  year  1840,  the  general  Congress  cannot  prohibit  the 
entry  of  foreigners  to  colonize,  except  compelled  to  do  so,  with  respect  to  the 
individuals  of  some  nation,  by  powerful  reasons. 

8th.  The  government,  without  prejudicing  the  object  of  this  law,  will  take 
the  precautionary  measures  which  it  may  consider  necessary  for  the1  security  of 
the  federation,  with  respect  to  the  foreigners  who  may  come  to  colonize. 
In  the  distribution  of  lands,  Mexican  citizens  are  to  be  attended  to  in  prefer- 
ence ;  and  no  distinction  shall  be  made  amongst  these,  except  such  only  as  is 
due  to  private  merit  and  services  rendered  to  the  country,  or  inequality  of  cir- 
cumstances, residence  in  the  place  to  which  the  lands  distributed  belong. 

10th.  Military  persons  who  are  entitled  to  lands  by  the  promise  made  on  the 


24  ADDENDA,  NOS.  XII,  XIII. 

27th  of  March,  1821,  shall  be  attended  to  in  the  States,  on  producing  the  diplo- 
mas granted  to  them  to  that  effect  by  the  supreme  executive  power. 

llth.  If  by  the  decrees  of  capitulation,  according  to  the  probabilities  of  life, 
the  supreme  executive  should  see  fit  to  alienate  any  portion  of  land  in  favor  of 
any  military  or  civil  officers  of  the  federation,  it  may  so  dispose  of  the  vacant 
lands  of  the  territories. 

12th.  No  person  shall  be  allowed  to  obtain  the  ownership  of  more  than  one 
league  square,  of  five  thousand  varas  (5,000)  of  irrigable  land  (de  regadio),  four 
superficial  ones  of  land  dependent  on  the  seasons  (de  temporal),  and  six  superfi- 
cial ones  for  the--purpose  of  rearing  cattle  (de  abreradiso) . 

13th.  The  new  colonist  cannot  transfer  their  possessions  in  mortmain  (manos 
muertas.) 

14th.  This  law  guaranties  the  contracts  which  the  grantees  (empresarios) 
may  make  with  the  families  which  they  may  bring  out  at  their  expense ;  pro- 
vided they  be  not  contrary  to  the  laws. 

15th.  No  one  who,  by  virtue  of  this  law,  shall  acquire  the  ownership  of 
lands,  shall  retain  them  if  he  shall  reside  out  of  the  territory  of  the  republic. 

16th.  The  government,  in  conformity  with  the  principles  established  in  this 
law,  will  proceed  to  the  colonization  of  the  territories  of  the  republic. 


No.  XIII. 

EXHIBIT  O  IN  THE  CASE. 

[California  Archives,  Vol.  IV,  San  Jos§  Dep.  S.,  page  278.] 

NOVEMBER  GTH,  1828. 
Governor  Echandia  says  Comandantes  of  Presidios  cannot  grant  lands. 

"  Under  this  date,  I  say  to  Lieutenant  Don  Ygnacio  Martinez,  Comte  of  the 
Presidio  of  San  Francisco,  that  which  follows  : 

"  The  Englishman,  William  Willis,  resident  for  many  years  in  the  pueblo  of 
San  Jose  Guadalupe,  presented  himself  before  this  Government,  asking  the 
concession  of  a  place  named  Laguna  de  los  Bol bones,  and  in  consequence  of 
the  Bando,  lately  published,  and  other  considerations  influencing  this  Superior 
Government  in  favor  of  its  ancient  and  new  inhabitants,  the  following  decree 
was  made  on  his  petition  :  '  Port  of  San  Diego,  June  7th,  1828. — Inasmuch 
'  as  there  are  in  the  pueblo  of  San  Jose  Guadalupe  lands  sufficient  on  which  the 
'  petitioner  can  maintain  his  flocks  and  herds,  in  accordance  with  the  late  Bando 
*  published  in  relation  to  the  matter,  the  place  petitioned  for  cannot  be  granted.' 
On  this  refusal,  this  individual,  maliciously  disregarding  the  authority  of  the 
Government,  presented  himself  to  the  Comandante  of  San  Francisco,  setting 
forth  that  the  said  place  pertained  to  his  jurisdiction,  and  asking  him  to  con- 
cede to  him  ad  interim,  that  which  he  was  unable  to  obtain  from  the  proper 
source,  who  was  weak  enough  to  accede  to  his  petition,  and  grant  to  him  the 
land  (a  thing  that  no  Comandante  of  this  Territory  has  any  authority  to  do)  by 
decree  on  his  petition,  dated  the  twenty-fifth  of  August  last  past,  not  even  in 
the  character  of  a  loan  for  one  year.  Wherefore,  as  soon  as  you  receive  this 
you  will  cause  to  appear  before  you  the  said  William  Willis,  and  will  exact 
from  him  a  fine  of  fifty  dollars,"  etc. 


ADDENDA,  NO.  XIV.  25 


No.  XIV. 

[California  Archives,  Vol.  II,  Missions  and  Colonization,  page  1,  etc.;  1  Kockwell,  453; 
Halleck's  Report,  ut  supra,  Appendix  5.] 

General  rules  and  regulations  for  the  colonization  of  territories  of  the  republic. 
Mexico,  November  21,  1828. 

It  being  stipulated  in  the  llth  article  of  the  general  law  of  colonization  of 
the  18th  of  August,  1824,  that  the  government,  in  conformity  with  the  princi- 
ples established  in  said  law,  shall  proceed  to  the  colonization  of  the  territories 
of  the  republic  ;  and  it  being  very  desirable,  in  order  to  give  to  said  article  the 
most  punctual  and  exact  fulfilment,  to  dictate  some  general  rules  for  facilitating 
its  execution  in  such  cases  as  may  occur,  his  excellency  has  seen  fit  to  deter- 
mine on  the  following  articles  : 

1st.  The  governors  (gefes  politicos)  of  the  territories  are  authorized  (in  com- 
pliance with  the  law  of  the  general  Congress  of  the  18th  of  August,  1824,  and 
under  the  conditions  hereafter  specified)  to  grant  vacant  lands  (terrenos  val- 
dios)  in  their  respective  territories  to  such  contractors  (empresarios,)  families, 
or  private  persons,  whether  Mexicans  or  foreigners,  who  may  ask  for  them,  for 
the  purpose  of  cultivating  and  inhabiting  them. 

2d.  Every  person  soliciting  lands,  whether  he  be  an  empresario,  head  of  a 
family,  or  private  person,  shall  address  to  the  governor  of  the  respective  territory 
a  petition,  expressing  his  name,  country,  profession,  the  number,  description, 
religion,  and  other  circumstances  of  the  families  or  persons  with  whom  he 
wishes  to  colonize,  describing  as  distinctly  as  possible,  by  means  of  a  map,  the 
land  asked  for. 

3d.  The  governor  shall  proceed  immediately  to  obtain  the  necessary  informa- 
tion whether  the  petition  embraces  the  requisite  conditions  required  by  said  law 
of  the  18th  of  August,  both  as  regards  the  land  and  the  candidate,  in  order  that 
the  petitioner  may  at  once  be  attended  to  ;  or  if  it  be  preferred,  the  respective 
municipal  authority  may  be  consulted,  whether  there  be  any  objection  to  mak- 
ing the  grant  or  not. 

4th.  This  being  done,  the  governor  will  accede  or  not  to  such  petition,  in 
exact  conformity  to  the  laws  on  the  subject,  and  especially  to  the  before- 
mentioned  one  of  the  18th  of  August,  1824. 

5th.  The  grants  made  to  families  or  private  persons  shall  not  be  held  to  be 
definitely  valid  without  the  previous  consent  of  the  territorial  deputation,  to 
which  end  the  respective  documents  (espedientes)  shall  be  forwarded  to  it. 

6th.  When  the  governor  shall  not  obtain  the  approbation  of  the  territorial 
deputation,  he  shall  report  to  the  supreme  government,  forwarding  the  necessary 
documents  for  its  decision. 

7th.  The  grants  made  to  empresarirs  for  them  to  colonize  with  many  families 
shall  not  be  held  to  be  definitely  valid  until  the  approval  of  the  supreme  gov- 
ernment be  obtained  ;  to  which  the  necessary  documents  must  be  forwarded, 
along  with  the  report  of  the  territorial  deputation. 

8th.  The  definitive  grant  asked  for  being  made,  a  document  signed  by  the 
governor  shall  be  given,  to  serve  as  a  title  to  the  party  interested,  wherein  it 
must  be  stated  that  said  grant  is  made  in  exact  conformity  with  the  provisions 
of  the  laws  in  virtue  whereof  possession  shall  be  given. 

9th.  The  necessary  record  shall  be  kept  in  a  book  destined  for  the  purpose, 
of  all  the  petitions  presented,  and  grants  made,  with  the  maps  of  the  lands 
granted,  and  the  circumstantial  report  shall  be  forwarded  quarterly  to  the 
supreme  government. 

10th.  No  capitalization  shall  be  admitted  for  a  new  town,  except  the  ca- 
pitulizator  bind  himself  to  present,  as  colonists,  twelve  families  at  least. 


26  ADDENDA,  NOS.  XIV,  XV. 

llth.  The  governor  shall  designate  to  the  new  colonist  (nuevo  poblador)  a 
proportionate  time  within  which  he  shall  be  bound  to  cultivate  or  occupy  the 
land  on  the  terms  and  with  the  number  of  persons  or  families  which  he  may 
have  capitulized  for,  it  being  understood  that  if  he  does  not  comply,  the 
grant  of  the  land  shall  remain  void;  nevertheless,  the  governor  may  re  validate 
it  in  proportion  to  the  part  which  the  party  may  have  fulfilled. 

12th.  Every  new  colonist,  after  having  cultivated  or  occupied  the  land 
agreeable  to  his  capitalization,  will  take  care  to  prove  the  same  before  the 
municipal  authority,  in  order  that,  the  necessary  record  being  made,  he  may 
consolidate  and  secure  his  right  of  ownership,  so  that  he  may  dispose  freely 
thereof. 

13.  The  reunion  of  many  families  into  one  town  (poblacion)  shall  follow,  in  its 
formation,  interior  government  and  policy,  the  rules  established  by  the  existing 
laws  for  the  other  towns  of  the  republic,  special  care  being  taken  that  the  new 
ones  are  built  with  all  possible  regularity. 

14th.  The  minimum  of  irrigable  land  to  be  given  to  one  person  for  coloniza- 
tion shall  be  200  varas  square,  the  minimum  of  land  called  de  temporal  shall  be 
800  varas  square,  and  the  minimum  for  breeding  cattle  (de  abrevadero)  shall  be 
1,200  varas  square. 

15th.  The  land  given  for  a  house-lot  shall  be  100  varas. 
_  16th.  The  spaces  which  may  remain  between  the  colonized  lands  may  be 
distributed  among  the  adjoining  proprietors  who  shall  have  cultivated  theirs 
with  the  most  application,  and  have  not  received  the  whole  extent  of  land 
allowed  by  the  law,  or  to  the  children  of  said  proprietors,  who  may  ask  for 
them  to  combine  the  possessions  of  their  families ;  but  on  this  subject  partic- 
ular attention  must  be  paid  to  the  morality  and  industry  of  the  parties. 

17th.  In  those  territories  where  there  are  missions,  the  lands  occupied  by 
them  cannot  be  colonized  at  present,  nor  until  it  be  determined  whether  they 
are  to  be  considered  as  the  property  of  the  establishments  of  the  neophytes, 
catechumens,  and  Mexican  colonists. 


No.  XV. 

[See  the  same:    Halleck's  Report,  Appendix,  No.  13;  1  Rockwell,  455;  Jones'  Report, 

page  59.] 

Decree  of  the  Mexican  Congress  relating  to  the  Secularization  of  the  Missions 

of  California. 

ARTICLE  1.  The  Government  will  proceed  to  secularize  the  Missions  of 
Upper  and  Lower  California. 

ART.  2.  In  each  of  said  Missions  shall  be  established  a  parish,  served  by  a 
secular  clergyman,  with  a  stipend  of  from  two  thousand  to  two  thousand  five 
hundred  dollars  a  year,  as  the  Government  shall  decide. 

ART.  3.  These  Parochial  Curates  shall  not  recover  or  receive  any  fees  for 
marriages,  baptisms,  or  under  any  other  name.  As  regards  fees  for  processions, 
they  shall  be  entitled  to  receive  such  as  may  be  specifically  named  in  the  list 
made  out  for  that  object,  as  concisely  as  possible,  by  the  Reverend  Bishop  of 
the  Diocese,  and  approved  by  the  Supreme  Government. 

ART.  4.  The  churches  which  have  served  in  each  Mission  shall  serve  as 
parish  churches,  with  the  sacred  vases,  ornaments,  and  other  articles,  which  each 
possesses  at  present,  and  such  additional  furniture  belonging  to  said  church  as 
the  Government  may  deem  necessary  for  the  more  decent  use  of  said  parish. 


ADDENDA,  NOS.  XV,  XVI.  27 

ART.  5.  The  Government  shall  cause  to  be  laid  out  a  campo  santo  [cemetery] 
for  each  parish  out  of  the  way  of  the  population. 

ART.  6.  Five  hundred  dollars  a  year  are  appropriated  for  the  service  and 
worship  in  each  parish  church. 

ART.  7.  Of  the  houses  belonging  to  each  Mission,  the  most  suitable  shall 
be  selected  as  the  residence  of  the  Curate,  the  land  appropriated  to  him  not  to 
exceed  two  hundred  yards  square,  and  the  rest  shall  be  specially  devoted  to  a 
town  house,  primary  school,  and  public  establishments  and  offices. 

ART.  8.  In  order  to  provide  promptly  and  effectively  for  the  spiritual  wants 
of  both  the  Californias,  there  is  established  in  the  capital  of  the  Upper  a  vicar- 
ship,  which  shall  have  jurisdiction  over  the  two  Territories,  and  the  Keverend 
Diocesan  shall  endow  it  with  the  most  ample  powers. 

ART.  9.  Three  thousand  dollars  are  appropriated  as  an  endowment  to  this 
vicarship,  the  Yicar  being  required  to  discharge  his  duties  free  of  charge  under 
any  pretext  or  name,  not  even  for  paper. 

ART.  10.  If  for  any  other  cause  whatever  the  Parochial  Curate  of  the 
capital,  or  any  other  parish  in  the  district,  shall  act  as  Yicar,  there  shall  be 
paid  to  him  one  thousand  five  hundred  dollars,  besides  the  stipend  of  his 
curacy. 

ART.  11.  There  shall  not  be  introduced  any  custom  which  shall  require  the 
inhabitants  of  California  to  make  offerings,  however  pious  they  may  be,  although 
they  may  be  termed  necessary ;  and  neither  time  nor  the  will  of  the  said  inhab- 
itants shall  give  them  any  force  or  weight  whatever. 

ART.  12.  The  Government  shall  take  effectual  care  that  the  Keverend  Dio- 
cesan shall  contribute,  so  far  as  he  is  concerned,  to  fulfill  the  objects  of  this 
law. 

ART.  13.  The  Supreme  Government  shall  provide  for  the  gratuitous  trans- 
portation, by  sea,  of  the  new  Curates  that  may  be  appointed  and  their  families, 
and  besides  may  give  to  each  one,  for  his  traveling  by  land,  from  four  to  eight 
hundred  dollars,  according  to  the  distance  and  the  number  of  his  family  which 
he  brings. 

ART.  14.  Government  shall  pay  the  traveling  expenses  of  the  religious 
[regulars]  (religiosos)  Missionaries  who  move ;  and  that  they  may  be  accom- 
modated on  land  as  far  as  their  colleges  or  convents,  may  give  to  each  from 
two  to  three  hundred  dollars,  and,  at  discretion,  so  much  as  may  be  necessary 
to  such  as  have  not  sworn  to  support  the  independence,  that  they  may  leave 
the  Republic. 

ART.  15.  The  Supreme  Government  shall  pay  the  expenses  arising  under 
this  law  out  of  the  products  of  the  securities,  capitals,  and  rents,  which  are 
regarded  as  the  pious  fund  in  the  Missions  of  California. 

August  17th,  1833. 


No.  XVI. 

EXHIBIT  No.  5  TO  DEPOSITION   OF  E.  C.  HOPKINS   IN  THE 

CASE. 

[California  Archives,  Vol.  Ill,  Departmental  State  Papers,  page  558.] 

MAY  18iH,  1834. 
Governor  Figueroa  to  Comte  Vallejo. 

The  Military  Comandante  of  that  place  (San  Francisco)  has  been  considered 
as  one  encharged  with  the  administration  of  justice,  which  functions  were,  in 


28  ADDENDA,  NOS.  XVI,  XVII. 

the  time  of  the  Spanish  Government,  attributed  to  that  officer  on  account  of 
there  being  no  constitutional  Alcalde,  on  whom  the  law  of  the  ninth  of  Octo- 
ber, 1812,  conferred  the  jurisdiction  contensiosa. 

Thus  it  is  that  the  Military  Comandantes  have  continued  exercising  these 
functions  until  Ayuntamientos  should  be  established  at  the  points  where  none 
existed.  Under  this  view  of  the  matter,  it  is  for  you,  in  the  character  of  Judge 
of  First  Instance,  to  carry  out  the  provisions  of  the  law  of  the  twenty-second 
of  July,  1833,  in  that  Presidio  and  its  comprehension  (jurisdiction). 

It  belongs  also  to  the  Military  Comandante  of  that  Presidio  to  exercise  the 
political  government  of  the  same,  for  the  want  of  local  authorities.  It  is  his 
duty  to  make  out  a  list  of  the  inhabitants,  in  the  manner  prescribed  by  law, 
which  I  will  expect  you  to  forward  to  me  without  delay,  informing  me  at  the 
same  time  if,  in  your  opinion,  an  Ayuntamiento  may  be  established,  that  I  may 
take  such  steps  as  may  be  necessary  in  order  to  carry  out  the  matter. 

Signed  with  Rubrica  of  Figueroa. 


No.  XVII. 

EXHIBIT   No.  6  TO  DEPOSITION  OF  R.  0.  HOPKINS   IN   THE 

CASE. 

[California  Archives,  Vol.  XIV,  Angeles  Official  Correspondence.] 

Governor  Figueroa's  Decree  of  August  6th,  1834,  respecting   Constitutional 

Ayuntamientos. 

FIGUEROA'S   REGULATIONS. 

The  Most  Excellent  Territorial  Deputation,  under  date  of  the  second  instant, 
was  pleased  to  resolve  as  follows : 

1st.  There  shall  be  a  Constitutional  Ayuntamiento  in  the  "  vecindario  "  of 
San  Diego,  composed  of  one  Alcalde,  two  Regidores,  and  one  Sindico  Procu- 
rador. 

2d.  There  shall  be  a  Constitutional  Ayuntamiento  in  the  "  vecindario "  of 
Santa  Barbara,  composed  of  one  Alcalde,  four  Regidores,  and  one  Sindico 
Procurador. 

3d.  The  Constitutional  Ayuntamiento  of  the  pueblo  of  Los  Angeles  shall  be 
increased  by  one  Alcalde  of  the  second  nomination  and  two  Regidores. 

4th.  The  Constitutional  Ayuntamiento  of  this  capital  by  one  Alcalde  of  the 
second  nomination  and  two  Regidores. 

5th.  The  officers  referred  to  in  the  foregoing  articles  shall  be  elected  on  the 
days  designated  in  the  law  of  the  twelfth  of  June,  1830,  and  shall  enter  upon 
the  duties  of  office  on  the  first  of  January,  1835,  excepting  those  for  Santa 
Barbara,  who  from  the  present  date  (such  as  are  elected)  shall  exercise  all  the 
functions  awarded  to  them  by  decree  of  the  twenty-third  of  June,  1813. 

All  of  which  I  forward  to  you  for  your  information  and  further  ends,  requir- 
ing you  to  see  that  the  same  be  fulfilled. 

God  and  Liberty ! 

MONTEREY,  August  6th,  1834. 

JOSE  FIGUEROA. 

To  the  Constitutional  Alcalde  of  Los  Angeles. 


ADDENDA,  NO.  XVIII.  29 


No.  XVIII. 


DOCUMENT  "A  P  L"  IN  THE  CASE. 

7ol 

seen 
inserted  in  parentheses.] 


[California  Archives,  Vol.  II,  Missions  and  Colonization,  page  538.    This  is  very  badly 
translated  as  will  be  seen  where  the  mistranslations  are  italicised  and  the  Spanish  terms 


AUGUST  CTH,  1834. 

DECREE    OF    GOVERNOR    FIGUEROA,    RESPECTING    TOWN 
PROPERTY,  MUNICIPAL  TAXES,  ETC. 

Jose  Figueroa,  Brigadier  General  of  the  Mexican  Republic,  Commander-in- 
Chief,  Inspector  and  Superior  Political  Chief  of  the  Territory  of  the  Upper 
California. 

The  Right  Honorable  Territorial  Deputation  being  desirous  to  provide  the 
Towns  and  Cities  (los  Pueblos)  with  necessary  funds  for  their  expenses  and 
works  of  public  benefit,  has  been  pleased  to  resolve  the  following- : 

A  plan  of  ways  and  means  to  raise  municipal  funds  (propios  y  arbitrios)  for 
the  AYUNTAMIENTOS  OF  THE  TERRITORY  OF  THE  UPPER  CALIFORNIA. 

Art.  1st.  The  Ayuntamientos  will  proceed  by  ordinary  channels  to  solicit, 
that,  to  each  Town  and  City,  lands  for  common"  and  for  Town  and  City  prop- 
erty be  assigned.  (Se  senalen  a  cada  pueblo  terrenos  para  ejidos  y  para 
propios — that  lands  for  ejidos  and  propios  be  designated  to  each  pueblo.} 

2d.  Town  and  City  landed  property  (los  terrenos  de  propios)  so  to  be  assign- 
ed to  each  Town  and  City,  will  be  subdivided  into  middling  and  small  sized 
lots  ;  and  the  same  may  be  rented  or  leased  to  the  highest  bidder  or  bidders. 
Actual  possessor  or  possessors  of  town  or  city  property  (propios)  will  pay  such 
annual  ground  rent  as  at  the  discretion  of  the  Ayuntamientos  after  an  investi- 
gation of  three  intelligent  and  honest  men  having  been  had,  may  be  imposed 
upon  them. 

3d.  Upon  the  concession  of  a  building-lot  for  the  erection  of  houses  or  places 
of  abode,  the  party  and  parties  interested  will  pay  six  dollars  and  a  quarter  for 
each  building-lot  of  one  hundred  varas  square ;  and  so  on  ;  progressively  or 
diminutively  he  or  they  will  pay  at  the  rate  of  one  quarter  of  a  dollar  for  each 
front  vara. 

4th.  The  Constitutional  Ayuntamientos  within  their  respective  demarcation 
may  for  the  time  being  allow  to  be  used  such  branding  irons  as  at  the  instance 
of  the  parties,  may  be  filed  for  registration  ;  and  collect  at  the  time  of  allowing 
the  same  for  each  of  such  branding  irons  the  sum  of  one  dollar  and  a  half  to  be 
applied  to  municipal  funds. 

5th.  The  Political  Chief  (Governor)  will  please  to  order  so  as  to  be  publicly 
known  that  a  party  now  using  a  branding-iron  which  is  not  so  registered,  shall 
produce  the  same  in  the  town  or  city  house  of  the  proper  jurisdiction,  for  the 
purpose  of  obtaining  a  proper  license  upon  being  so  registered ;  for  which  an 
equal  sum  as  assigned  in  the  4th  Article  is  likewise  to  be  paid. 

6th.  For  slaughtering  each  head  of  cattle,  being  for  the  public  supply  or 
market,  the  owner  or  owners  will  pay  half  a  real,  and  the  like  sum  for  slaught- 
ering each  sheep  ;  and  two  reals  each  hog  or  pig. 

7th.  For  each  clothing  store  the  owner  or  owners  will  pay  one  dollar  month- 
ly ;  and  for  each  of  the  groceries  of  liquor  stores,  or  stores  for  any  other  trade, 
half  a  dollar. 

8th.  For  each  of  the  weighing  or  measuring  prices,  when  sealed  by  the 
inspector,  he  or  they  will  pay  one  real. 

9th.  From  the  manager  or  managers  of  rope-dances,  comedy,  and  puppet 
plays,  two  dollars  will  be  collected  for  each  performance. 


30  ADDENDA,  NO.  XVIII. 

10th.  For  billiard  places,  they  will  pay  one  dollar  monthly. 

llth.  In  the  ports  of  Monterey.  San  Francisco,  Santa  Barbara,  San  Pedro 
and  San  Diego,  every  national  vessel,  not  being  a  vessel  of  war,  will  pay  as 
municipal  duty,  half  a  real  for  each  package  landed  for  commercial  purposes  ; 
and  foreign  vessels  of  the  like  class  will  pay  one  real  for  a  package  landed  in 
said  ports. 

12th.  It  will  be  solicited  from  the  Supreme  Government  that  the  two  reals 
tunnage-duty  on  foreign  vessels,  which,  according  to  the  4th  Article  of  the 
Custom  House  regulations  of  16th  of  November,  1827,  were  allowed  to  the 
States,  be  granted  to  this  Territory  for  municipal  funds,  which  are  to  supply 
the  treasury  of  the  Deputation. 

13th.  Enterprisers  of  fishing  and  shooting  of  otters,  will  pay  for  each  skin 
of  the  size  of  a  vara,  and  so  on,  four  reals,  and  the  like  sum  for  each  of  the 
beaver's  skins. 

14th.  All  fines  or  pecuniary  penalties  which  may  hereafter  be  imposed  for 
light  offenses  by  the  Constitutional  Alcaldes,  and  even  by  the  Political  Chief, 
will  be  applied  to  municipal  funds. 

15th.  The  municipal  duty  heretofore  paid  on  national  liquors,  will  be  from 
the  time  of  the  passing  hereof,  reduced  to  three  dollars  on  a  barrel  of  brandy, 
two  dollars  on  each  of  the  " angelica"  and  one  dollar  and  a  half  on  each  of 
wine,  which  duty  will  be  paid  at  the  port  where  the  same  may  be  introduced 
by  the  importer  or  importers. 

16th.  On  foreign  brandy  hereafter  introduced  for  commercial  purposes  into 
this  Territory,  one  dollar  will  be  paid  for  a  gallon  as  municipal  duty  ;  at  the 
like  rate  it  will  be  paid  on  gin  ;  and  on  wine  and  beer  it  will  be  at  the  rate  of 
four  reals  a  gallon. 

17th.  A  voluntary  contribution  is  established  to  every  vessel,  national  and 
foreign,  anchoring  in  the  bay  of  Monterey,  for  the  exclusive  purpose  of  building 
a  wharf;  each  captain,  supercargo,  or  owner  of  vessel  will  give  what  he  may 
spontaneously  please ;  the  produce  of  this  contribution  will  be  collected  and 
kept  by  the  harbor-master  under  his  charge ;  and  the  same  will  be  employed 
on  the  construction  of  such  a  wharf,  and  on  this  work  being  finished,  said  con- 
tribution to  cease. 

18th.  For  each  public  sale  wherein  commercial  goods  are  sold  to  the  highest 
bidders,  the  auctioneer  or  auctioneers  will  pay  three  dollars  as  municipal  duty. 

19th.  Taking  into  consideration  the  want  of  funds  for  ordinary  expenses  and 
principal  works  of  the  town,  according  to  the  power  4th,  article  335  of  the 
constitution  in  force,  and  after  the  assent  of  the  Political  Chief  is  given  thereto, 
the  taxes,  customs  and  excise  determined  in  Articles  3,  4,  5,  6,  7,  8,  9, 10,  13, 
14,  15,  16,  17,  and  18,  will  be  enforced,  which  the  said  Political  Chief  will 
have  published  on  the  usual  places  for  observance. 

20th.  Account  will  be  given  to  the  Supreme  Government  of  this  designation, 
to  solicit  from  the  General  Congress  the  approval  thereto. 

21st.  The  Political  Chief  will  notify  the  controller  of  the  Marine  Custom 
House  to  report  to  the  "  Ayuntamiento  "  of  the  Capital,  the  quantity  and  kind 
of  liquors  that  he  may  hereafter  guage  from  each  vessel,  in  order  the  same  may 
in  view  of  said  report  take  such  measures  as  may  be  deemed  most  proper  to 
avoid  fraud. 

And  for  the  purpose  that  it  may  be  publicly  known,  this  will  be  published, 
and  due  observance  given  thereto,  by  posting  the  same  on  the  public  places, 
and  in  a  circular  to  those  who  are  to  watch  the  observance  thereof. 

Given  at  Monterey,  on  the  6th  day  of  August,  1834. 

JOSE  FIGUEROA. 

AGUSTIN  Y.  ZAMOKANO,  Secretary. 


ADDENDA,  NO.  XIX.  31 


No.  XIX. 

[Halleck's  Rep.,  Appendix  No.  14;  1  Rockwell,  456;  and  from  the  end  of  Art.  23d,  Jones' 

Rep.,  page  65.] 

Governor  Figueroa's  Provisional  Rides  for  the  Secularization  of  the  Missions. 

ARTICLE  1.  The  Governor,  agreeable  to  the  spirit  of  the  law  of  the  seven- 
teenth August,  1833,  and  to  the  instructions  which  he  has  received  from  the 
Supreme  Government,  will,  with  the  cooperation  of  the  Prelates  of  the  Mis- 
sionary Priests,  partially  convert  into  pueblos  the  Missions  of  this  Territory, 
beginning  in  the  next  month  of  August,  and  commencing  at  first  with  ten 
Missions,  and  afterwards  with  the  remainder. 

ART.  2.  The  Missionary  Priests  will  be  exonerated  from  the  administration 
of  temporalities,  and  will  only  exercise  the  functions  of  their  ministry  in  mat- 


temporalities  in  the  directive  part,  according  to  the  following  bases. 

ART.  4.  The  Supreme  Government  will,  by  the  quickest  route,  be  requested 
to  approve  of  these  Provisional  Regulations. 

DISTRIBUTION    OF    PROPERTY    AND    LANDS. 

ART.  5.  To  every  individual  head  of  a  family,  and  to  all  those  above  twenty- 
one  years  of  age,  although  they  have  no  family,  a  lot  of  land,  whether  irrigable 
or  otherwise,  of  not  exceeding  four  hundred  varas  square,  nor  less  than  one 
hundred,  shall  be  given  out  of  the  common  lands  of  the  Missions  ;  and  in  com- 
munity a  sufficient  quantity  of  land  shall  be  allotted  them  for  watering  their 
cattle."  Common  lands  shall  be  assigned  to  each  pueblo,  and,  when  convenient, 
municipal  lands  also. 

ART.  6.  One-half  of  the  self-moving  property  (cattle)  shall  be  distributed 
among  the  said  individuals,  in  a  proportionable  and  equitable  manner,  at  the 
discretion  of  the  Governor,  taking  as  a  basis  the  last  accounts  of  all  kinds  of 
cattle  presented  by  the  Missionaries. 

ART.  7.  One-half  or  less  of  the  chattels,  instruments,  and  seeds,  on  hand 
and  indispensable  for  the  cultivation  of  the  ground,  shall  be  divided  proportion- 
ably  among  them. 

ART.  8.  The  remainder  of  all  the  lands,  landed  property,  cattle,  and  all 
other  property  on  hand,  will  remain  under  the  care  and  responsibility  of  the 
Mayordomos,  or  other  officers  whom  the  Governor  may  name,  at  the  disposal  of 
the  Supreme  Federal  Government. 

ART.  9.  From  the  common  mass  of  this  property  the  subsistence  of  the 
Missionary  Padres,  the  pay  of  the  Mayordomos,  and  other  servants,  and  the 
expenses  of  religious  worship,  schools,  and  other  objects  of  policy  and  ornament, 
shall  be  provided. 

ART.  10.  The  Governor,  having  under  his  charge  the  direction  of  temporal 
affairs,  will  determine  and  regulate,  according  to  circumstances,  all  the  expenses 
necessary  to  be  laid  out,  as  well  for  the  execution  of  this  plan  as  for  the  conser- 
vation and  augmentation  of  this  property. 

ART.  11.  The  Missionary  Minister  will  select  the  locality  in  the  Mission 
which  may  best  suit  him  for  his  own  habitation  and  that  of  his  servants  and 
attendants ;  and  he  shall  be  furnished  with  the  necessary  furniture  and  imple- 
ments. 

ART.  12.  The  library,  sacred  dresses,  ornaments,  and  furniture,  of  the 
church,  shall  be  put  in  charge  of  the  Missionary  Padre,  under  the  responsibility 


32  ADDENDA,  NO.  XIX. 

of  the  person  who  acts  as  subscriber,  and  whom  the  Priest  himself  shall  elect, 
and  a  reasonable  salary  be  given  for  his  troubles. 

ART.  13.  General  inventories  shall  be  made  of  all  property  on  hand  in  each 
Mission,  with  due  separation  and  explanation  of  the  different  branches  ;  of  the 
books,  debit  and  credit,  and  all  kinds  of  papers ;  of  the  amount  owing  by  and 
to  the  Missions  ;  which  document  and  account  shall  be  forwarded  to  the 
Supreme  Government. 

POLITICAL   GOVERNMENT    OF   THE   PUEBLOS. 

ART.  14.  The  political  government  of  the  pueblos  shall  be  organized  in 
perfect  conformity  with  the  existing  laws ;  the  Governor  will  give  the  neces- 
sary instructions  to  have  Ayuntamientos  established  and  elections  made. 

ART.  15.  The  economical  government  of  the  pueblos  shall  be  under  the 
charge  of  the  Ayuntamientos ;  but  as  far  as  regards  the  administration  of 
justice  in  contentious  affairs,  they  will  be  subject  to  the  primary  Judges  of  the 
nearest  towns  constitutionally  established. 

ART.  16.  The  emancipated  Indians  will  be  obliged  to  assist  at  the  indispen- 
sable common  labor  which,  in  the  opinion  of  the  Governor,  may  be  judged 
necessary  for  the  cultivation  of  the  vineyards,  orchards,  and  corn-fields,  which 
for  the  present  remain  undisposed  of,  until  the  resolution  of  the  Supreme  Gov- 
ernment. 

ART.  17.  Said  emancipated  Indians  will  render  to  the  Missionary  Priest 
the  necessary  personal  service  for  the  attention  of  his  person. 

RESTRICTIONS. 

ART.  18.  They  cannot  sell,  burden,  or  alienate,  under  any  pretext,  the  lands 
which  may  be  given  them  ;  neither  can  they  sell  their  cattle.  Whatever  con- 
tracts may  be  made  against  these  orders  shall  be  of  no  value  ;  the  Government 
will  reclaim  the  property  as  belonging  to  the  nation,  and  the  purchasers  shall 
lose  their  money. 

ART.  19.  The  lands  whose  owners  shall  die  without  heirs  shall  revert  to  the 
possession  of  the  nation. 

GENERAL   ORDERS. 

ART.  20.  The  Governor  will  name  such  Commissioners  as  he  may  see  fit  to 
carry  this  plan  and  its  incidents  into  effect. 

ART.  21.  The  Governor  is  authorized  to  resolve  any  doubt  or  matter  which 
may  arise  relative  to  the  execution  of  these  regulations. 

ART.  22.  Until  these  regulations  be  put  in  force  the  Reverend  Missionary 
Padres  are  prohibited  from  slaughtering  cattle  in  large  quantities,  except  the 
common  and  ordinary  number  accustomed  to  be  killed  for  the  subsistence  of 
the  neophytes,  without  allowing  any  waste. 

ART.  23.  The  debts  of  the  Mission  shall  be  paid  in  preference,  out  of  the 
common  mass  of  the  property,  at  the  time  and  in  the  manner  that  the  Governor 
shall  determine. 

That  the  fulfillment  of  this  law  may  be  perfect  the  following  rules  will  be 
observed  : 

1st.  The  Commissioners,  so  soon  as  they  shall  receive  their  appointments  and 
orders,  shall  present  themselves  at  the  respective  Missions,  and  commence  the 
execution  of  the  plan,  being  governed  in  all  things  by  its  tenor  and  these  regu- 
lations. They  shall  present  their  credentials  respectively  to  the  Priests  under 
whose  care  the  Mission  is,  with  whom  they  shall  agree,  preserving  harmony  and 
proper  respect. 

2d.  The  Priests  shall  immediately  hand  over  and  the  Commissioners  receive 
the  books  of  accounts  and  other  documents  relating  to  property  claims,  liqui- 
dated and  unliquidated ;  afterwards,  general  inventories  shall  be  made  out,  in 


ADDENDA,  NO.  XIX.  33 

accordance  with  the  13th  Article  of  this  regulation,  of  all  property — such  as 
houses,  churches,  workshops,  and  other  local  things — stating  what  belongs  to 
each  shop — that  is  to  say,  utensils,  furniture,  and  implements ;  then,  what 
belongs  to  the  homestead  ;  after  which  shall  follow  those  of  the  field,  that  is  to 
say,  property  that  grows,  such  as  vines  and  vegetables,  with  an  enumeration  of 
the  shrubs,  if  possible,  mills,  etc. ;  after  that,  the  cattle,  and  whatever  apper- 
tains to  them  ;  but  as  it  will  be  difficult  to  count  them,  as  well  on  account  of 
their  number  as  for  the  want  of  horses,  they  shall  be  estimated  by  two  persons 
of  intelligence  and  probity,  who  shall  calculate,  as  nearly  as  may  be,  the  num- 
ber of  each  species,  to  be  inserted  in  the  inventory.  Everything  shall  be  in 
regular  form  in  making  the  inventory,  which  shall  be  kept  from  the  knowledge 
of  the  Priests,  and  under  the  charge  of  the  Commissioner  or  Steward ;  but 
there  shall  be  no  change  of  the  order  of  the  work  and  services,  until  experience 
shall  show  that  it  is  necessary,  except  in  such  matters  as  are  commonly  changed 
whenever  it  suits. 

3d.  The  Commissioner,  with  the  Steward,  shall  dispense  with  all  superfluous 
expense,  establishing  rigid  economy  in  all  things  that  require  reform. 

4th.  Before  he  takes  an  inventory  of  articles  belonging  to  the  field,  the  Com- 
missioner will  inform  the  natives — explaining  to  them  with  mildness  and  patience 
that  the  Missions  are  to  be  changed  into  villages,  which  will  only  be  under  the 
government  of  the  Priests  so  far  as  relates  to  spiritual  matters ;  that  the  lands 
and  property  for  which  each  one  labors  are  to  belong  to  himself,  and  to  be 
maintained  and  controlled  by  himself  without  depending  on  any  one  else  ;  that 
the  houses  in  which  they  live  are  to  be  their  own,  for  which  end  they  are  to 
submit  to  what  is  ordered  in  these  regulations,  which  are  to  be  explained  to 
them  in  the  best  possible  manner.  The  lots  will  be  given  to  them  immediately, 
to  be  worked  by  them  as  the  5th  Article  of  the  regulations  provides.  The 
Commissioner,  the  Priest,  and  the  Steward,  shall  choose  the  location,  selecting 
the  best  and  most  convenient  to  the  population ;  and  shall  give  to  each  the 
quantity  of  ground  which  he  can  cultivate,  according  to  his  fitness  and  the  size 
of  his  family,  without  exceeding  the  maximum  established.  Each  one  shall 
mark  his  land  in  such  manner  as  may  be  most  agreeable  to  him. 

5th.  The  claims  that  are  liquidated  shall  be  paid  from  the  mass  of  property ; 
but  neither  the  Commissioner  nor  the  Steward  shall  settle  them  without  the 
express  order  of  the  Government,  which  will  inform  itself  on  the  matter,  and, 
according  to  its  judgment,  determine  the  number  of  cattle  to  assign  to  the 
neophytes,  that  it  may  be  done,  as  heretofore,  in  conformity  with  what  is  pro- 
vided in  the  6th  Article. 

6th.  The  necessary  effects  and  implements  for  labor  shall  be  assigned  in  the 
quantities  expressed  by  the  7th  Article,  either  individually  or  in  common,  as 
the  Commissioner  and  Priest  may  agree  upon.  The  seeds  will  remain  undivided, 
and  shall  be  given  to  the  neophytes  in  the  usual  quantities. 

7th.  What  is  called  the  priesthood  shall  immediately  cease;  the  female 
children  whom  they  have  in  charge  being  handed  over  to  their  fathers,  explain- 
ing to  them  the  care  they  should  take  of  them,  and  pointing  out  their  obliga- 
tions as  parents.  The  same  shall  be  done  with  the  male  children. 

8th.  The  Commissioner,  according  to  the  knowledge  and  information  which 
he  shall  acquire,  shall  name  to  the  Government,  as  soon  as  possible,  one  or  sev- 
eral individuals,  who  may  appear  to  him  suitable  and  honorable,  as  Stewards, 
according  to  the  provisions  of  the  8th  Article,  either  from  among  those  who 
now  serve  in  the  Missions  or  others ;  he  shall  also  fix  the  pay  which  should  be 
assigned  them,  according  to  the  labor  of  each  Mission. 

9th.  The  settlements  which  are  at  a  distance  from  the  Mission,  and  consist 
of  more  than  twenty-five  families,  and  which  would  desire  to  form  a  separate 
community,  shall  be  gratified  ;  and  the  appropriation  of  lands  and  other  prop- 
erty shall  be  made  to  them  as  to  the  rest.    The  settlements  which  do  not  con- 
3* 


34  ADDENDA,  NOS.  XIX,  XX. 

tain  twenty-five  families,  provided  they  be  permanently  settled  where  they  now 
live,  shall  form  a  suburb,  and  shall  be  attached  to  the  nearest  village. 

10th.  The  Commissioner  shall  state  the  number  of  souls  which  each  village 
contains,  in  order  to  designate  the  number  of  municipal  officers,  and  cause  the 
elections  to  be  held,  in  which  they  will  proceed  conformably,  as  far  as  possible, 
to  the  law  of  June  12,  1830. 

llth.  The  Commissioners  shall  adopt  all  executive  measures  which  the  con- 
dition of  things  demands,  giving  an  account  to  the  Government,  and  shall 
consult  upon  grave  and  doubtful  matters. 

12th.  In  everything  that  remains,  the  Commissioners,  the  Priests,  Stewards, 
and  natives,  will  proceed  according  to  the  provisions  of  the  regulation. 

JOSE  FIGUEROA. 

AUGUSTIN  Y.  ZAMORANO,  Secretary. 

Monterey,  August  9, 1834. 


No.  XX. 

REGULATIONS  OF  THE  MISSIONS  WHICH  HAD  BEEN  SECU- 
LARIZED, NOY.  SD,  1834. 

[Hallock's  Eep.  App.  15  ;  Jones's  Report,  page  60,  No  10  ;  1  Rockwell,  461.] 

In  the  extraordinary  session  of  the  most  excellent  California  deputation  held  in 
Monterey  on  the  3o  OF  NOVEMBER,  1834,  the  following  regulations  were 
made  respecting  the  missions  which  had  been  secularized,  agreeably  to  the 
supreme  order  of  the  11th  August,  1833,  and  the  provisional  regulations  of 
Governor  Figueroa  of  the  9th  August,  1834  : 

ARTICLE  1.  In  accordance  with  the  2d  article  of  the  law  of  the  17th 
August,  1833,  the  amount  of  $1,500  per  annum  is  assigned  to  the  priests  who 
exercise  the  functions  of  parish  priests  in  the  curacies  of  the  first  class,  and 
$1,000  to  those  of  the  second  class. 

ART.  2.  As  curacies  of  the  first  class  shall  be  reputed  San  Diego,  San 
Dieguito,  San  Luis  Rey,  Las  Flores,  and  ranches  annexed ;  San  Gabriel  and 
Los  Angeles ;  Santa  Barbara,  the  mission  and  presidio  annexed  ;  San  Carlos, 
united  to  Monterey;  Santa  Clara, joined  to  San  Jose  de  Guadalupe,  and  San 
Jose,  San  Francisco  Solano,  San  Rafael,  and  the  colony.  And  the  following 
shall  be  reputed  of  the  second  class  :  San  Juan  Capistrano,  San  Fernando,  San 
Buenaventura,  San  Ynes  and  la  Purisima,  San  Luis  Obispo,  San  Miguel,  San 
Antonio  and  La  Solidad,  San  Juan  Bautista,  Santa  Cruz,  San  Francisco  de 
Assis,  and  the  presidio. 

ART.  3.  Agreeably  to  the  8th  and  9tti  articles  of  said  law,  the  reverend 
father  commissary  prefect,  Father  Francisco  Garcia  Diego,  shall  establish  his 
residence  in  the  capital,  and  the  governor  (gefe  politico)  shall  request  the 
reverend  diocesan  to  confer  upon  said  prelate  the  faculties  appertaining  to 
a  foraneous  vicar.  He  shall  enjoy  the  salary  of  $3,000  assigned  to  him  by 
said  law. 

ART.  4.  The  foraneous  vicar  and  the  curates  shall  be  judged,  in  all  other 
respects,  by  said  law  of  the  17th  August,  1833. 

ART.  5.  Until  the  Government  can  furnish  permanent  parish  priests,  the 
respective  prelates  of  the  missionaries  (religions)  shall  do  so  provisionally, 
with  the  approbation  of  the  governor. 

ART.  6.  With  respect  to  article  6th  of  said  law,  the  $500  per  annum  shall 
be  paid  for  public  worship  and  for  servants  in  each  parish. 


ADDENDA,  NOS.  XX,  XXI.  35 

ART.  7.  Prom  the  common  stock  of  the  property  of  the  extinguished  [sup- 
pressed] mission,  the  salaries  of  the  foraneous  vicar,  the  curates,  and  for  religious 
worship,  shall  be  paid  either  in  cash  (should  there  be  any)  or  in  produce  or 
other  articles  at  current  prices.  The  governor  will  give  the  necessary  orders 
to  have  this  carried  into  effect. 

ART.  8.  The  17th  article  of  the  provisional  regulations  of  secularization, 
which  imposed  upon  Indians  the  duty  of  giving  personal  service  to*  the  priests, 
is  annulled. 

ART.  9.  With  respect  to  the  7th  article  of  said  law,  the  governor  will 
order  localities  to  be  appointed  for  the  habitation  of  curates,  for  the  court- 
house, schools,  public  establishments,  and  workshops. 

ART.  10.  The  other  matters  to  which  the  observations  of  the  reverend 
padre,  Fr.  Narcisco  Daran,  extend,  as  they  are  of  easy  resolution,  will  be 
settled  by  the  governor,  who  is  authorized  to  do  so  by  the  provisional  regu- 
lations. 

ART.  11.  This  law,  together  with  the  opinion  of  the  committee  appointed 
to  examine  the  above  rations  of  Padre  Daran  on  the  provisional  regulations, 
shall  be  communicated  to  the  prelates  for  them  to  make  it  known  to  their 
subordinates. 

ART.  2,  (addition  to).  The  curacies  which  embrace  two  or  more  inhabited 
places  will  recognise  the  first  one  mentioned  as  the  principal,  and  there  the 
parish  priest  will  reside,  and  in  San  Diego  and  Santa  Barbara  the  missions  will 
be  the  places  of  residence. 


No.  XXI. 

EXHIBITS   NOS.  1   AND   2    TO    THE    DEPOSITION    OF   M.   G. 

YALLEJO. 

DECEMBER,  1834. 

Order  for  election  of  an  Ayuntamiento  for  the  Partido  of  San  Francisco,  and 

election  of  the  same. 

TV    -.  j  Seal  of  the  Political  Government ) 

|  of  Upper  California.  f 

The  most  excellent  Territorial  Deputation,  using  the  powers  conferred  on  it 
by  the  law  of  the  23d  of  June,  1813,  on  yesterday  passed  the  following  instruc- 
tions : 

"  1st.  The  Political  Chief  will  direct  that  the  partido  of  San  Francisco  pro- 
ceed to  the  election  of  an  Ayuntamiento  constitutional,  which  shall  reside  in 
the  Presidio  of  that  name,  composed  of  an  Alcalde,  two  Couucilmen,  and  a 
Sindic  Procurer,  regulating  itself  in  all  respects,  so  as  to  be  able  to  verify  it, 
by  the  existing  Constitution  and  the  law  of  June  12,  1830.* 

"  2d.  That  account  be  given  by  the  proper  way  to  the  Supreme  Government 
for  the  due  approbation." 

And  I  transcribe  it  to  you  for  your  information  and  compliance,  recommend- 
ing that  the  election  be  carried  into  effect  on  the  day  appointed  by  the  said  law 
of  the  12th  of  June. 

I  also  notify  you  that  the  Ayuntamiento,  when  installed,  will  exercise  the 
political  functions  with  which  you  have  been  charged,  and  the  Alcalde  the 
judicial  functions  which  the  laws,  for  want  of  a  Judge  of  Letters,  confer  on 

*  This  should  be  July  12,1830.  See  the  Original  Coleccion  de  Decretos  por  1829-1830, 
pages  113,  etc. 


36  ADDENDA,  NOS.  XXI,  XXII. 

him  ;  you  remaining  restricted  to  the  military  command  alone,  and  receiving  in 
anticipation  the  thanks  due  for  the  prudence  and  exactness  with  which  you 
have  carried  on  the  political  government  of  that  demarcation. 

God  and  Liberty  I 
MONTEREY,  November  4, 1834. 

JOSE  FIGUEROA. 
To  the  Military  Comandante  of  San  Francisco. 

No.  2. 

In  the  Presidio  of  San  Francisco,  the  7th  day  of  December,  1834,  the  Mu- 
nicipality of  the  Demarcation  assembled  in  the  house  of  the  Comandancia. 
The  corresponding  order  of  convocation  being  previously  given  for  the  purpose 
of  holding  the  primary  Junta  for  voting  for  the  electors  who  are  to  meet  in 
secondary  ( junta)  on  the  first  following  Sunday,  for  the  purpose  of  electing  the 
individuals  who  are  to  compose  the  new  Ayuntamiento  for  this  Comprehension, 
and  who  are  to  hold  office  for  the  coming  year  of  1835,  in  compliance  with 
what  is  ordered  by  the  Political  Chief,  on  the  4th  of  November  of  this  year, 
in  virtue  of  the  resolution  on  the  matter  by  the  most  excellent  Territorial 
Deputation,  after  the  election  of  four  secretaries,  proceeded  to  the  election  of 
twelve  electors,  which  number  according  to  the  assembled  Municipality  was 
found  to  correspond  to  it,  and  having  counted  the  votes  from  which  there 
resulted  by  majority.  Citizens :  Ygnacio  Peralta  with  27  votes ;  Francisco 
Sanchez  with  23  ;  Francisco  Soto  with  20  ;  Joaquin  Castro  with  19  ;  Jose  de 
la  Cruz  Sanchez  with  17  ;  Francisco  de  Haro  with  16  ;  Manuel  Sanchez  with 
15  ;  Juan  Miranda  with  15  ;  Antonio  Castro  with  12  ;  Manos  Briones  with  9, 
and  Apolonario  Miranda  with  9;  from  which  it  resulted  that  the  said  gentle- 
men were  elected  ;  and  they  were  notified  of  it,  and  the  act  being  concluded, 
the  President  and  Secretaries  signed  the  present  act. 

FRANCISCO  DE  HARO, 
FRANCISCO  SANCHEZ, 
JOAQUIN  CASTRO, 
JUAN  MIRANDA. 


No.  XXII. 

EXHIBIT  No.  5  TO  DEPOSITION  OF  M.  G.  YALLEJO. 

Approval  of  choice  of  Alcalde  for  Contra  Costa,  by  Governor  Figueroa. 

j  Seal  of  the  Political  Government ) 
(  of  Upper  California.  j 

The  appointment  you  have  made  in  favor  of  the  citizen  Gregorio  Briones,  as 
auxiliary  Alcalde  in  the  Contra  Costa,  seems  to  me  very  well,  and  consequently 
has  my  approval.  I  say  this  to  you  in  answer  to  your  official  note  on  the 
matter  of  the  22d  ultimo. 

God  and  Liberty ! 
MONTEREY,  January  31st,  1835. 

JOSE  FIGUEROA. 
Senor  Constitutional  Alcalde  of  San  Francisco  de  Asis. 


ADDENDA,  NOS.  XXIII,  XXIV.  37 


No.  XXIII. 

EXHIBIT  No.  14  TO  DEPOSITION  OF  R.  C.  HOPKINS. 

Order  of  Governor  Figueroa  for  the  election  of  an  Ayuntamiento  for  the 
PUEBLO  of  San  Francisco,  January  3lst,  1835. 

Con  el  ofo  de  Y.  de  23  del  que  acaba  es  en  mi  poder  el  Padron 
general  de  los  habitantes  que  tiene  esa  poblacion  de  San  Francisco 
[SEAL.]     de  Asis. 

Como  esta  prevenido  por  la  ley  de  23  de  Mayo  de  1812,  que  se 

reputa  vigente  que  cada  pueblo  tenga  su  Ayuntamiento  y  correpon- 

diendole  a  ese  por  su  senso  un  Alcalde,  dos  Regidores,  y  un  Sindico  Procurador, 

dispondra  Y.  que  desde  luego  se  verifiquen  las  elecciones  para  la  formacion  del 

Ayuntamiento  con  total  arreglo  a  la  ley  de  12  de  Junio  de  1830. 

Dios  y  Liber  tad ! 
MONTEREY,  Erno  31  de  1835. 

JOSE  FIGUEROA. 
SE  DN  JOAQUIN  ESTUDILLO,  Comandante  de  Sn  Francisco  de  Asis. 

[TRANSLATION.  ] 

With  your  official  note  of  the  23d  of  the  ending  month,  is  in  my 
possession  the  general  list  of  the  inhabitants  of  the  population  of 
[SEAL.]     San  Francisco  de  Asis. 

By  the  law  of  23d  of  May,  1812,  which  is  considered  in  force,  it 
is  provided  that  each  pueblo  shall  have  its  Ayuntamiento,  and 
according  to  the  census  of  that  town  there  shall  be  elected  one  Alcalde,  two 
(Regidores)  Directors,  (y  un  Sindico  Procurador)  and  one  Attorney-General, 
therefore  you  will  dispose  hereafter  the  election  to  verify  the  formation  of  the 
Ayuntamiento  with  all  the  rule  of  the  law  of  12th  June,  1830. 

God  and  Liberty ! 
MONTEREY,  January  31st,  1835. 

JOSE  FIGUEROA. 
SR  DON  JOAQUIN  ESTUDILLO,  Cte  de  San  Francisco  de  Asis. 


No.  XXIV. 

EXHIBIT  F  TO  DEPOSITION  OF  R.  C.  HOPKINS  IN  THE  CASE* 
[California  Archives,  Vol.  VI,  Prefecturas  and  Juzgados,  Benicia,  122.] 

Governor  Figueroa  decides,  August  6,  1835,  that  the  distribution  of  house-lots 
and  sowing-lots  at  Yerba  Buena  does  not  belong  to  the  Ayuntamiento. 

JULY  15TH,  1835— F. 
Justice  Haro  to  Governor  Figueroa. 

COURT  OF  FIRST  INSTANCE      ) 
OP  SAN  FRANCISCO  DE  Asis.  j 

Don  Jose  Joaquin  de  Estudillo  has  presented  himself  to  me,  asking  permis- 
sion to  build  his  house  on  the  beach  (playa)  of  Terba  Buena,  the  anchorage  of 
vessels,  and  that  there  be  also  conceded  to  him  sowing  lands.  Your  Senoria 


38  ADDENDA,  NOS.  XXIV,  XXV. 

will  inform  me  if  this  Ayuntamiento  has  authority  to  permit  him  to  do  so,  and 
also  to  concede  him  lands  for  cultivation  in  that  vicinity. 

God  and  Liberty ! 
SAN  FRANCISCO  DE  Asis,  July  15th,  1835. 

FRANCISCO  DE  HARO. 

Reply  of  Governor  Figueroa. 

MONTEREY,  August  6th,  1835. 

Let  him  be  answered  that  the  distribution  of  lands  for  house-lots  and  for 
purposes  of  cultivation,  in  the  place  of  Yerba  Buena,  does  not  belong  to  the 
Ayuntamiento. 


No.  XXY. 

EXHIBIT  No.  12  TO  THE  TESTIMONY  OF  R.  C.  HOPKINS. 

Expedients  relative  to  the  place  called  Laguna  de  la  Merced,  solicited  by  Jose 

Antonio  Galindo. 

August  to  Sept.,  1835. 
STAMP  THIRD.    Two  REALS. 

Provisionally  authorized  by  the  Administration  of  the  Maritime  Custom 
House  of  Monterey,  of  Upper  California,  for  the  years  eighteen  hundred  and 
thirty-four  and  eighteen  hundred  and  thirty-five. 

A.  RAMIREZ, 
FIGUEROA. 

Senor  Political  Chief: 

The  citizen,  Jose  Anto.  Galindo,  before  your  Lordship  in  due  form  of  law 
appears,  and  exposes  that,  finding  himself  with  a  numerous  family,  which  con- 
sists of  his  mother,  three  brothers,  and  two  sisters,  he  is  in  need,  for  their  sub- 
sistence, of  a  tract  of  land,  which  is  vacant,  lying  near  San  Francisco  AND 
Dolores  (que  se  aya  valdia  en  las  immidaciones  de  S.  Francisco  y  de  Dolores), 
which  tract  of  land  is  one  league  in  width,  and  a  half  league,  more  or  less,  in 
length.  The  corresponding  sketch  he  herewith  presents,  according  to  the  law 
of  the  eighteenth  of  August,  1824 ;  wherefore,  he  prays  your  Lordship  that 
due  action  be  taken  on  this  petition,  by  which  he  shall  receive  a  favor.  I 
swear  it  is  not  in  malice,  etc. 

SAN  FRANCISCO,  August  15, 1835. 

(Signed)  JOSE  ANTO.  GALINDO. 

MONTEREY,  September  5, 1835. 

In  conformity  with  the  laws  and  regulations  on  the  matter,  let  the  Ayunta- 
miento of  San  Francisco  report  whether  the  interested  party  in  this  petition 
has  the  requisite  qualifications  to  be  attended  to  in  his  petition  (informe  el 
Ayuntamiento  de  San  Francisco  si  el  interasado  obtiene  los  requisites) ;  whether 
the  land  he  solicits  is  within  the  twenty  border  leagues,  or  ten  littoral  ones, 
mentioned  in  the  law  of  the  eighteenth  of  August,  1824 ;  whether  it  is  the 
property  of  any  individual,  Mission,  corporation,  or  pueblo,  and  whatever  else 
may  be  conducive  to  elucidate  the  matter  ;  which  being  done,  let  the  espediente 


ADDENDA,  NO.  XXV.  39 

(record)  of  proceedings  pass  to  the  Superintendent  of  the  same,  in  order  that  he 
may  state  what  he  may  see  proper  in  the  matter. 

D.  Jose  Castro,  first  member  of  the  most  excellent  Territorial  Deputation 
and  Political  Chief  ad  interim  of  the  Territory  of  Upper  California :  thus 
ordered,  decreed,  and  signed,  of  which  I  certify. 

(Signed)  JOSE  CASTRO.     [Rubric.] 

In  accordance  with  the  superior  decree  of  the  fifth  of  September  of  the 
present  year,  which  appears  on  the  margin  of  the  petition  made  by  the  citizen 
Jose  Antonio  Galindo,  in  solicitation  of  the  tract  of  land  La  Laguna  de  la 
Merced,  the  municipal  authorities  (Ayuntamiento)  of  this  demarcation  reply  as 
follows :  That  the  petitioner  possesses  the  qualifications  of  being  a  Mexican 
citizen  by  birth,  and  of  having  served  the  nation  in  the  capacity  of  a  soldier, 
and  of  being  an  honest  man,  and  that  he  supports  his  mother,  an  aged  widow, 
with  other  children,  contributing  by  his  aid  to  the  support  of  all,  and  in  the 
preservation  of  the  property  which  they  possess.  The  land  which  he  solicits  is 
not  comprehended  within  the  twenty  bordering  leagues,  but  it  is  within  the  ten 
littoral  ones ;  but  it  has  belonged  to  the  Mission  of  San  Francisco,  from  which 
it  is  distant,  to  the  west,  a  little  more  than  one  league  in  a  straight  line.  It  is 
not  farming  land,  not  irrigable,  nor  is  it  irrigable  farming  land,  but  it  is  pasture 
land,  for  it  can  only  be  used  to  raise  a  small  number  of  cattle  at  the  said  La- 
guna, for  all  the  land  is  sandy,  and  produces  pasture  only  fit  for  horses  and 
cattle.  For  the  purpose  of  cultivation  it  is  altogether  useless  and  barren. 

This  is  all  that  this  corporation  can  say  in  relation  to  the  matter  to  which 
the  said  superior  order  refers. 

SAN  FRANCISCO,  September  10, 1835. 

(Signed)  FRANCISCO  DE  HARO. 

F.  SANCHEZ,  Secretary. 

Senor  Political  Chief,  ad  interim : 

In  obedience  to  the  superior  decree  of  your  Lordship,  which  provides  that 
this  record  of  proceedings  (espediente)  be  transmitted  to  the  Superintendent  of 
this  Mission,  in  order  that  he  may  state  what  he  may  see  proper,  I  will  say  that 
the  petitioner  possesses  the  necessary  qualifications  to  be  attended  to  ;  that  he 
is  a  Mexican  citizen  by  birth,  and  has  served  in  the  military  career.  The  land 
which  he  solicits  belongs  to  this  community  ;  it  is  grazing  land  ;  it  is  not  within 
the  twenty  bordering  leagues,  but  it  is  within  the  ten  littoral  leagues. 

It  is  at  the  distance  of  a  little  more  than  a  league  from  said  Mission,  and  is 
not  in  the  qyupation  of  the  same  ;  but  as  the  commons  (ejidos)  which  shall 
belong  to  this  place  when  it  shall  be  constituted  into  a  town  (pueblo)  are  not 
yet  designated  (pero  con  motive  no  estan  aun  senalados  los  ejidos  6  propios  que 
me  parecen  quedaran  a  esta  cuando  se  erije  en  pueblo),  I  do  not  know  whether 
the  said  commons  will  embrace  the  said  tract  of  land,  and  for  this  reason  I  can- 
not say  with  certainty  whether  the  said  place  may  be  granted  without  prejudice 
to  this  community. 

DOLORES,  September  13, 1835. 

(Signed)  GUMDO.  FLORES. 

STAMP  THIRD.    Two  REALS. 

Provisionally  authorized  by  the  Administration  of  the  Maritime  Custom 
House  of  Monterey,  of  Upper  California,  for  the  year  eighteen  hundred  and 
thirty-four  and  eighteen  hundred  and  thirty-five. 

mk  ANGELO  RAMIREZ, 

CASTRO. 


40  ADDENDA,  NO.  XXV. 

MONTEREY,  September  22,  1835. 

Let  this  be  transmitted  to  the  Alcalde  of  this  capital,  before  whom  the  inter- 
ested party,  Don  Jose  Antonio  G-alindo,  will  produce  an  information  of  three 
competent  witnesses,  who  shall  be  examined  upon  the  following  points  : 

1st.  Whether  the  petitioner  is  a  Mexican  citizen  by  birth ;  if  he  is  a  married 
man ;  has  any  children  ;  and  if  he  is  of  good  conduct. 

2d.  Whether  the  land  he  solicits  is  the  property  of  any  individual,  Mission, 
corporation,  or  pueblo ;  if  it  is  farming,  irrigable  land,  or  not  irrigable  grazing 
land,  and  what  may  be  its  extent. 

3d.  Whether  he  has  personal  property  to  occupy  it,  or  can  acquire  it. 

These  proceedings  being  concluded,  the  espediente  shall  be  returned  for  final 
action  to  Don  Jose  Castro,  first  member  of  the  most  excellent  Territorial  Dep- 
utation and  Superior  Political  Chief,  ad  interim,  of  Upper  California :  thus 
ordered,  decreed,  and  signed,  which  I  attest. 

(Signed)  JOSE  CASTRO. 

P.  DEL  CASTILLO  NEGRETE,  Secretary. 

MONTEREY,  September  22,  1835. 

Fees  $4.00.    Let  the  interested  party  be  notified  to  produce  the  witnesses  to 
be  examined  on  the  points  comprised  in  the  preceding  superior  decree ;  let  the 
required  information  be  taken,  and  let  the  record  of  proceedings  be  returned  to 
the  Senor  Superior  Political  Chief,  that  it  may  have  the  due  effect. 
In  assistance  :  JOSE  M.  MALDONADO,  E.  D.  SPENCE. 

J.  J.  ESTADILLO. 

On  the  same  date,  the  citizen  Jose  Antonio  Galindo  being  present,  the  fore- 
going order  was  communicated  to  him  ;  and  apprised  of  it,  he  said  that  he  hears 
it,  and  that  he  presents  as  witnesses  Messrs.  Francisco  Sanchez,  Jose  Fernan- 
dez, and  Guadalupe  Barcenos ;  and  he  did  not  sign  this,  because,  as  he  said,  he 
did  not  know  how ;  and  I  did  it  with  those  of  my  assistance  according  to  law. 

E.  D.  SPENCE. 

In  assistance  :  JOSE  M.  MALDONADO, 
J.  J.  ESTADILLO. 

Immediately  after,  the  citizen  Francisco  Sanchez  being  present,  I  adminis- 
tered to  him  the  legal  oath,  which  he  made  according  to  law,  under  which  he 
offered  to  say  the  truth  to  the  extent  of  his  knowledge  to  the  questions  that 
should  be  put  to  him  ;  and  being  asked  for  his  name,  state,  agjfc  country,  and 
religion,  he  said  that  his  name  is  as  above  said,  that  he  is  a  marriea  man,  twenty- 
nine  years  of  age,  a  native  of  San  Francisco  in  Upper  California,  and  Roman 
Apostolic  Catholic. 

Being  interrogated  upon  the  points  prescribed  by  the  superior  decree  of  the 
twenty-second  instant,  he  answered  to  the  first,  that  he  is  a  Mexican  by  birth, 
that  he  has  no  children,  and  is  not  married,  and  that  he  is  of  good  conduct ; 
and  he  answers  to  the  second,  that  he  knows  that  the  lands  which  the  party 
solicits  belongs  to  the  Mission  of  San  Francisco  de  Asis,  that  it  is  pasture 
land,  and  that  its  extent  may  be  in  length  one  league,  and  the  greatest  width 
half  a  league  ;  and  he  replies  to  the  third,  that  he  has  farming  stock,  and  pos- 
sesses property  ;  that  all  he  has  said  is  the  truth,  under  the  oath  which  he  has 
taken,  which  he  confirmed  and  ratified  after  this  deposition  was  read  to  him, 
and  he  signed  it  with  me,  and  those  of  my  assistance. 

(Signed)  DAVID  SPENCE, 

In  assistance  :  FRANCISCO  SANCHEZ. 

(Signed)        J.  M.  MALDONADO, 
J.  J.  ESTADILLO. 


ADDENDA,  NO.  XXV.  41 

On  the  same  date,  Don  Jose  Fernandez  being  present,  I  administered  to  him 
the  legal  oath,  under  which  he  promised  to  answer  the  truth,  to  the  extent  of 
his  knowledge,  to  the  question  that  might  be  put  to  him  ;  and  being  asked  as 
to  his  name,  state,  age,  country,  and  religion,  he  answered,  that  his  name  is  the 
same  before  mentioned,  that  he  is  a  married  man,  of  the  age  of  thirty-six,  a 
native  of  Cadiz,  and  an  Apostolic  Roman  Catholic. 

Being  interrogated  to  the  same  points  as  the  preceding  witness,  he  said  to 
the  first,  that  the  party  is  a  Mexican  citizen  by  birth,  that  he  is  not  married, 
nor  has  he  any  children,  and  that  he  is  of  good  conduct ;  and  he  answers  to  the 
second,  that  he  knows  that  the  tract  of  land  which  he  solicits  belonged  formerly 
to  the  Mission  of  San  Francisco,  that  he  does  not  know  whether  at  present  it 
belongs  to  the  Mission  or  not,  that  it  is  pasture  land,  and  that  its  extent  may 
be  three-quarters  of  a  league  in  length  and  one- quarter  of  a  league  in  width  ; 
and  he  replies  to  the  third,  that  he  has  personal  property  to  occupy  it ;  and 
that  what  he  has  said  is  the  truth,  under  the  oath  he  has  taken,  which  he  con- 
firmed and  ratified  after  this  deposition  was  read  to  him,  and  he  signed  it  with 
me,  and  those  of  my  assistance. 

(Signed)  D.  E.  SPENCE. 

In  assistance  : 

(Signed)         J.  M.  MALDONADO, 
JOSE.J.  CARRILLO. 

Immediately  after,  I  administered  the  legal  oath  to  the  citizen  Guadalupe 
Barcenos,  under  which  he  promised  to  speak  the  truth,  to  the  extent  of  his 
knowledge,  in  answer  to  the  questions  that  might  be  put  to  him  ;  and  being 
interrogated  as  to  his  name,  age,  country,  and  religion,  he  said,  that  his  name  is 
the  same  before  mentioned,  that  he  is  a  married  man,  and  twenty-three  years  of 
age,  native  of  San  Francisco,  and  Apostolic  Roman  Catholic. 

Being  interrogated  to  the  same  points  as  the  two  former  witnesses,  he  said  to 
the  first,  that  the  petitioner  was  a  Mexican  citizen  by  birth,  that  he  is  not  mar- 
ried, and  is  of  good  conduct ;  and  he  answers  to  the  second,  that  he  knows  that 
the  land  which  he  solicits  belongs  to  the  Mission  of  San  Francisco,  but  is  not 
occupied  by  the  same,  that  it  is  only  pasturing  land,  and  that  its  extent  may  be 
one  league  in  length,  and  in  breadth  in  some  places  half  a  league  ;  and  replies 
to  the  third,  that  he  has  sufficient  personal  property  to  occupy  it ;  and  that 
what  he  has  said  is  the  truth,  under  the  oath  which  he  has  taken,  which  he  con- 
firmed and  ratified  after  this  deposition  was  read  to  him  ;  and  he  did  not  sign 
because  he  said  he  knew  not  how,  and  I  did  it,  with  those  of  my  assistance. 
(Signed)  E.  SPENCE. 

In  assistance  : 

(Signed)        J.  W.  MALUVUNDE, 
J.  J.  ESTUDELLO. 

On  the  same  date,  the  information  required  being  ended,  this  record  of  pro- 
ceedings is  returned  to  the  same  Supreme  Political  Chief,  in  compliance  with 
what  has  been  prescribed  by  the  preceding  decree ;  in  witness  whereof,  I  note 
it  down  and  affix  my  rubric. 

R.     [L.S.] 

MONTEREY,  September  23, 1835. 

In  view  of  the  petition  with  which  this  (espediente)  record  of  proceedings 
begins  the  report  of  the  municipal  authority  of  this  capital,  the  testimony  of 
witnesses,  together  with  whatever  else  was  thought  to  the  purpose,  in  conformity 
with  the  provisions  of  the  laws  and  regulations  on  the  matter,  Jose  Antonio 


42  ADDENDA,  NOS.  XXV,  XXVI. 

Galindo  is  declared  owner  in  full  property  of  the  land  known  by  the  name  of 
La  Laguna  de  la  Merced. 

Subject  to  the  conditions  that  may  be  stipulated,  let  the  corresponding 
dispatch  be  issued,  and  note  of  it  be  taken  in  the  respective  book,  and  the 
espediente  to  be  submitted  to  the  most  excellent  Territorial  Deputation  for 
approval. 

Senor  Don  Jose  Castro,  first  member  of  the  excellent  Territorial  Deputation 
and  Political  Chief,  ad  interim,  of  Upper  California  :  thus  ordered,  decreed, 
and  signed,  which  I  attest. 

(Signed)  JOSE  CASTEO. 

MONTEREY,  September  25, 1835. 

In  session  of  this  day,  this  espedieute  was  referred  to  the  Committee  on 
Vacant  Lands. 

(Signed)  CASTEO. 

Due  note  has  been  taken  upon  page  74. 


No.  XXVI. 

EXHIBIT  No.  6   TO  DEPOSITION  OF   M.  G.  YALLEJO  IN  THE 

CASE. 

OCTOBER,  1835. 
The  Ayuntamiento  of  San  Francisco  authorized  to  grant  building  lots. 

(  Seal  of  the  Political  Government ) 
(  of  Upper  California.  j" 

The  most  excellent  Territorial  Deputation,  in  session  of  the  twenty-second  of 
September,  approved  that  the  AYUNTAMIENTO  OF  THAT  PUEBLO  may  grant  lots 
which  do  not  exceed  one  hundred  varas,  for  the  building  of  houses  in  the  place 
named  Yerba  Buena,  at  the  distance  of  two  hundred  varas  from  the  shore  of 
the  sea,  paying  to  the  Ayuntamiento  the  fees  which  may  be  designated  to  him 
[it  ?  que  se  la  senale]  as  pertaining  to  the  propios  and  arbitrios,  and  being 
subject  to  observe  the  order  for  forming  the  town  in  lines,  [en  linea  de  major 
policia]  in  accordance  with  the  ordinance  regulating  the  Police,  which  I  com- 
municate to  you  that  you  may  make  it  known  to  the  inhabitants  of  that 
PUEBLO,  in  order  that  they  may  not  apply  with  their  memorials  to  this 
Political  Government,  as  it  is  one  of  the  favors  which  the  Ayuntamiento  can 
grant. 

God  and  Liberty ! 

MONTEREY,  October  27, 1835. 

JOSE  CASTEO. 

Senor  Alcalde  de  Saf  Francisco  de  Asis. 


i 


ADDENDA,  NOS.  XXVII,  XXVIII.  43 


No.  XXVII. 

EXHIBIT  DOC.  9,  FILED  JANUARY  2o,  1857. 

Summons  to  the  Mayordomo  of  the  Mission  of  Dolores  to  settle  the  boundaries 
of  the  Buri  Buri  Rancho,  November  2d,  1835. 

Nov.  2o,  1835 — SANCHEZ  RANCHO. 

TRIBUNAL  OF  FIRST  INSTANCE 
OF  THE  PORT  OF  SAN  FRANCISCO  DE  Asis. 

Having  to  give  possession  to  Don  Jose  Sanchez  of  the  Eancho  Buri  Buri 
and  the  lands  which  pertain  to  it,  according  to  the  title  of  concession,  which  he 
has  presented,  and  the  plat  (diseno)  accompanying  it,  and  he  (esta  parte)  having 
already  appointed  his  surveyor,  according  to  previous  arrangement,  it  remains 
for  you,  as  the  party  in  charge  of  that  pueblo  (ese  pueblo)  and  community,  and 
the  only  co-terminous  neighbor  (unico  colindante)  of  Don  Jose  Sanchez,  to  pro- 
ceed to  appoint  also  your  surveyor,  who  must  appear  before  this  Tribunal 
(Juzgado)  to-morrow  morning  at  eight  o'clock,  in  order  that  he  and  the  other 
surveyor  appointed  by  said  Senor  Sanchez  may  accept  the  appointment,  and 
take  an  oath  to  execute  this  commission  faithfully,  according  to  custom  ;  con- 
sequently it  will  remain  for  me  to  appoint  the  day  and  hour  when,  with  the 
assistance  of  all,  I  shall  cause  the  said  admeasurement  and  possession  of  the  said 
Don  Jose  Sanchez  to  be  perfected. 

God  and  Liberty ! 

SAN  FRANCISCO,  November  2d,  1835. 

FRANCISCO  HARO. 

To  the  Mayordomo  of  the  Pueblo  of  Dolores, 

DON   GUERMECINDO   FLORES. 


No.  XXVIII. 

SUSPENSION  OF  SECULARIZATION  OF  THE  MISSIONS. 

Mexican  decree  of  the  1th  November,  1835. 
[Halleck's  Kep.  App.  16;  Jones's  Report,  page  63,  No.  14;  1  Rockwell,  462.] 

The  President  ad  interim  of  the  Mexican  republic  to  the  inhabitants  thereof. 
Know  ye  that  the  General  Congress  has  decreed  the  following  : 

"  Until  the  curates  mentioned  in  the  2d  article  of  the  law  of  August,  1833, 
shall  take  possession,  the  government  will  suspend  the  execution  of  the  other 
articles  of  said  law,  and  maintain  things  in  the  state  they  were  in  before  said 
law  was  enacted." 


44  ADDENDA,  NO.  XXIX. 

No.  XXIX. 

TRANSLATION   OP    DOCUMENT   "  C   P   L,"   IN   THE   CASE. 

May  to  December,  1835. 

EECORD  OF  PROCEEDINGS  HAD  BY  THE  RESIDENTS  IN 
THE  VICINITY  OF  SAN  FRANCISCO,  PRAYING  THAT 
THEY  MIGHT  BE  ALLOWED  TO  BELONG  TO  THE  JURIS- 
DICTION OF  SAN  JOSE  GUADALUPE. 

[An  eminent  specimen  of  the  "circumlocution"  or  official  style  of  translation  as 

practiced  by  strangers  to  both  languages.] 
To  H.  E.  the  Governor  : 

The  residents  in  the  adjoining  Ranchos  of  the  North,  now  belonging  to  the 
jurisdiction  of  the  port  of  San  Francisco,  (el  vecindario  de  los  Ranches  del 
Norte,  pertenciente  a  la  jurisdiccion  del  puerto  de  San  Francisco,)  with  due 
respect  to  Y.  E.  :  That  being  so  great  detriment  and  on  seeing  the  evils  result- 
ing from  belonging  to  this  jurisdiction,  whereby  they  are  obliged  to  represent 
to  Y.  E.  that  it  causes  an  entire  abandoning  of  their  families  for  a  year  to 
those  who  attend  the  Judiciary  functions  and  others  who  are  called  and  are 
obliged  to  cross  the  Bay,  properly  speaking,  for  to  go  to  such  a  port  by  land, 
we  are  sure  there  are  more  than  40  leagues  on  going  and  coming  back,  and  to 
go  by  sea  we  are  exposed  to  be  wrecked  ;  and  as  to  abandoning  our  families,  as 
above  stated,  it  is  evident  that  they  will  remain  [without]  protection  from  the 
malevolent  persons,  the  detention  and  loss  of  labors  and  properties,  being 
exposed  to  injury  by  animals  ;  although  there  is  no  lodging  to  be  had  in  that  port, 
where  for  a  year  an  Ayuntamiento  should  be,  with  their  families,  after  making  a 
heavy  transportation  of  necessary  provisions  for  the  term  of  their  employment : 
wherefore,  in  view  of  the  above  statement,  they  pray  Y.  E.  to  be  pleased  to 
allow  them  to  belong  to  the  authority  of  this  Town  (pueblo)  of  S.  Jose,  recog- 
nizing a  Commission  of  Justice,  that  this  may  correspond  to  that  of  the  said 
San  Jose  as  Capital,  regarding  the  inhabiting,  in  these  Ranchos  the  majority  of 
the  Vicinity  and  families. 

Wherefore  we  humbly  pray  Y.  E.  to  accede  in  favor  of  the  parties  interested 
a  favor  that  we  hope  to  receive. 

RANCHOS  OF  THE  NORTH,  SAN  ANTONIO,  SAN  PABLO,  AND  THE  ADJACENT, 
May  30,  1835. 

ANTONIO  M^.  PERALTA,  ANTONIO  YGERCE,f 

JOAQN.  YSIDRO  CASTRO,          YGNACIO  PERALTA, 
BLAS  NARBOES,f  DOMINGO  PERALTA,f 

Z.  BLAS  ANGELENO,  BUNO  VALENCEA,f 

SANUAGO  MESA,f  JOAQ*.  MORAGO,f 

JUAN  JOSE  CASTRO,  RAMON  FORERO,f 

GABRIEL  CASTRO,  JOSE  DUARTE,f 

ANTONIO  CASTRO,  FRANCO.  PACHECO,f 

CANDELARCO   BALENCEN,      BARTOLO  PACHECO.f 
JOSE  PERALTA,  MEREANO  CASTRO,f 

FERNANDO  FELES,  FELEPE  BRIONES,f 

ANTONIO  AMEJAR,f  JULIAN  VELES,f 

JUAN  BERNAL,f  RAFAEL  FELES,f 

BISENTE  PERALTA,  FRANCO  SOTO,f 

MARCANO  CASTRO,f  FRANCO  AMIGO.f 

SUBSTANCE  (EXTRACTO  :  SYLLABUS). 

The  residents  of  the  adjoining  Ranchos  of  the  North,  petition  that  they  be 
exempted  from  belonging  to  the  jurisdiction  of  San  Francisco  on  account  of 


ADDENDA,  NO.  XXIX.  45 

the  long  distance,  where  they  live,  and  great  detriment  resulting  from  causes  as 
stated.  They  pray  that  they  may  be  allowed  to  belong  to  the  jurisdiction  of 
the  Town  (pueblo)  of  San  Jose  Guadelupe,  it  being  near  [nearer]  their  places, 
(mas  inmediato). 

MONTEREY,  Augt.  12th,  1835. 
Let  it  be  kept  to  be  reported  to  the  Deputation. 

SEPT.  1st,  1835. 

On  this  day  the  same  was  reported  and  referred  to  the  Committee  on  Gov- 
ernment. CASTRO. 

Most  Excellent  Sir  : 

The  Committee  on  Government  being  required  to  report  upon  the  memorial 
which  the  parties  subscribed  thereto  made  to  the  Political  Chief  on  the  30th 
day  of  May  last,  finds  that  the  said  memorial  is  grounded  upon  good  reasons 
and  public  convenience,  but  as  the  subject  should  be  considered  upon  proper 
reports  for  a  due  determination,  the  Committee  is  of  opinion  that  the  reports  of 
the  Ayuntamientos  of  the  Towns  of  San  Jose  and  San  Francisco  (los  Ayunta- 
mientos  cle  los  PUEBLOS  de  San  Jose  y  San  Francisco)  are  required  for  that 
purpose.  Therefore  the  Committee  offers  for  the  deliberation  of  the  most  Excl. 
Deputation  the  following  propositions  : 

1st,  That  this  Espediente  be  referred  to  the  Ayuntamientos  of  the  Towns  of 
San  Jose  and  San  Francisco,  (los  Ayuntamientos  de  los  PUEBLOS  de  San  Jose  y 
San  Francisco)  in  order  that  they  report  upon  .said  memorial. 

2d.  That  after  which  the  same  be  returned  for  determination. 

MONTEREY,  Sept.  5,  1835. 

MAN^.  JIMENO. 

SALVEO  PACHECO. 

MONTEREY,  Sept.  10th,  1825. 

At  the  Session  of  this  day  the  Most  Excellent  Deputation  has  approved  the 
two  propositions  made  in  the  report  of  the  Committee  on  Government. 

MANUEL  JIMENO. 

MONTEREY,  Sept.  28th,  1835. 

Let  this  Espediente  be  forwarded  to  the  Ayuntamiento  of  the  Town  (pueblo) 
of  San  Jose  Guadelupe  for  a  report  upon  the  prayer  of  the  foregoing  memorial 
and  to  that  of  San  Francisco,  (AL  de  San  Francisco)  for  the  like  purpose. 

The  Ayuntamiento  of  the  latter  Town  will  moreover  give  a  list  of  the  resi- 
dents of  the  vicinity  of  the  same,  (uu  padron  de  los  vecinos  de  ese  Pueblo). 

Don  Jose  Castro,  senior  member  of  the  M*.  Excellent  Territorial  Deputation 
and  Superior  Political  Chief  of  the  Upper  California,  thus  commended,  decreed 
and  signed  this  which  I  attest. 

JOSE   CASTRO. 

FRANC°.  DEL  CASTELLO  NEGRETE,  Sec'y. 

In  pursuance  of  the  foregoing  Supr.  Order  of  Y.  E.,  this  Ayuntamiento  begs 
to  state  the  following  :  That  with  regard  to  the  residents  on  the  Northern 
Vicinity,  now  under  the  jurisdiction  of  San  Francisco,  and  who  in  their  memo- 
rial prayed  to  be  exempted  from  belonging  to  that  jurisdiction  owing  to  most 
notable  detriment  occasioned  to  them  now  and  then  from  having  indispensably 
to  cross  the  Bay  or  to  travel  upwards  of  40  leagues,  while  on  half  their  way 
they  can  come  to  this  Town,  (pueblo)  under  the  jurisdiction  of  which  they  for- 


46  ADDENDA,  NO.  XXIX. 

merly  were,  which  was  most  suitable  and  less  inconvenient  to  them — this  Ayun- 
tamiento  thinks  that  their  prayer  should  be  granted — if  it  is  so  found  right. 
TOWN  (PUEBLO)  OF  SAN  JOSE  GUADALUPE,  Nov.  4th,  1835. 

ANTONIO  MA.  PICO, 
IGNACIO  MARTINEZ,  Sec'y. 
JOSE  BERREYESA. 

In  pursuance  of  the  direction  in  the  Superior  decree  of  the  Political  Chief 
ad  interim,  dated  the  28th  day  of  September  of  the  present  year,  and  issued 
on  that  day  upon  the  memorial  made  by  the  residents  and  the  adjoining  Ranchos 
of  San  Pablo  and  San  Antonio,  the  Ayuntamiento  of  San  Francisco  (el  Ayun- 
tamiento  de  San  Francisco)  begs  to  state  the  following  : 

That  in  the  opinion  of  the  said  Ayuntamiento  the  reasons  assigned  by  the 
memorialists  from  being  exempted  from  belonging  to  this  jurisdiction  are  frivo- 
lous ;  for  what  evils  and  detriments  can  result  to  them  ?  Which  are  the  evils 
and  detriments  they  have  actually  suffered  ?  And  again,  when  then  they  will 
voluntarily  make  at  least  a  little  sacrifice  for  the  good  of  their  country  ?  What 
excitement  can  move  them  for  the  aggrandizement  of  the  same  ?  How  are 
they  sure  that  only  those  of  those  Ranchos  will  be  called  to  function  in  the 
Ayuntamiento  for  a  year,  and  even  taking  it  for  granted  that  it  is  so,  are  they 
the  first  who,  to  fulfil  the  duty  of  good  citizens,  leave  their  home,  and  family, 
and  interest  ?  And  yet,  can  they  compare  a  service  to  be  done  by  traveling  40 
leagues,  as  they  state,  and  leaving  their  private  business  for  some  days,  months, 
or  even  the  whole  year,  with  that  of  others,  who,  for  the  like  purpose  of  serv- 
ing their  country,  have  traveled  of  leagues  in  the  interior  of  the  Republic  to 
go  where  they  are  called  by  law  ?  there  have  been  several  others  of  this  very 
Territory,  who,  as  electors,  have  left  their  homes,  family,  and  interest,  have 
traveled  from  San  Francisco  to  San  Diego,  and  other  deputies  to  the  General 
Congress  have  done  the  same  from  the  Upper  California  to  Mexico  ;  and  how 
many  are  expected  to  make  equal  sacrifices  for  such  a  permanent  interest  of  the 
public  good  and  aggrandizement  of  the  nation,  of  those  who  are  to  be  terrified 
with  most  evident  dangers  of  the  sea,  and  traveling  by  land  to  the  place  where 
they  are  required  by  law  to  be. 

The  memorialists  believe  that  only  their  private  interest  and  family  deserve 
their  particular  attention  and  appreciation,  and  that  the  constitutional  laws 
have  dispensed  with  or  exonerated  them  from  suffering  as  other  wives  and  sons 
by  the  same  laws  willingly,  as  when  their  husbands,  fathers,  and  brothers,  or 
rather  their  benefactors,  engage  themselves  in  service  of  the  country — but  surely 
another  kind  of  patriotism  and  public  spirit  move  and  excite  this  kind  of  ser- 
vants or  citizens. 

The  memorialists  further  say  that  they  are  exposed  to  be  wrecked,  for  the 
place  of  their  residence  is  beyond  the  sea,  from  where  they  have  to  come  over 
in  case  they  are  appointed  to  aid  in  the  Ayuntamiento :  which  are  those  Peraltas 
and  Castros  that  have  been  wrecked  on  attending  to  their  business  affairs  every 
time  that  any  vessel  comes  to  anchor  in  the  Bay  of  Yerba  Buena  [?]  Or  how 
are  they  sure  that  wreck  will  only  wait  them  when  they  are  called  to  attend  the 
service  of  their  country  ?  (Llamados  por  la  ley  hacer  alguno  servicio  a  su 
pueblo.)  The  fact  is,  that  up  to  this  time  no  such  event  has  ever  been  heard  or 
known  of  having  occurred  said  gentlemen  or  others,  on  going  on  board  of  vessel 
in  the  Bay,  or  coming  over  to  the  Presidio. 

They  further  say  that  there  is  no  lodging  to  be  had  in  the  Presidio,  where  they 
could  live  for  a  year  ;  if  they  are  required  to  attend  the  Ayuntamiento,  which 
is  untrue,  (although  allowing  them  to  say  so)  for  they  depart  from  truth  and 
purity,  which  they  ought  to  have  before  an  authority  (as  likewise  to  put  in  their 
memorial  the  names  of  other  persons  who  did  not  know  it,  which  can  be  referred 


ADDENDA,  NOS.  XXIX,  XXX.  47 

to  them,)  for  it  is  evident  that  the  commandant  of  the  Presidio  found  residences 
to  the  officers  of  the  present  Ayuntamiento,  as  soon  as  the  same  was  installed. 
In  conclusion,  Sir,  the  land  or  coast  where  the  memorialists  live,  had  belonged 
to  the  jurisdiction  of  the  Presidio  since  the  former  time,  as  besides  the  Bay  of 
San  Francisco  is  the  one  forming  that  of  the  same  port;  the  Kanchos  of  Castros, 
which  lies  in  the  front  of  the  same  Presidio,  (a  little  to  the  north)  is  only  dis- 
tance by  sea  scarcely  two  leagues,  and  that  of  Peraltas  on  the  west,  a  little 
more  than  two  leagues,  which  was  undoubtedly  the  fact  and  principles  upon 
which  the  Honorable  Deputation  grounded  its  resolution  of  the  latter  part  of 
1834,  (depending  upon  that  vicinity  to  proceed  to  the  formation  of  the  Ayun- 
tamiento (reporting  to  the  Supreme  Government  and  the  Commanding  General 
and  Political  Chief,  being  then  the  late  Don  Jose  Figueroa,  supported  by  the 
same  reasons  to  as  the  corporation  (la  corporacion)  proceeded  to  the  complying 
of  the  resolution) — thus  ordering  the  commandant  only  of  San  Francisco  by  as 
besides  the  said  late  Jose  Figueroa  had  to  cause  the  limits  of  the  jurisdiction 
of  San  Francisco  to  be  marked  out  (although  for  the  time  being)  as  proved  by 
his  official  note  now  in  this  archive,  that  portion  of  land  and  vicinity  was  also 
incorporated.  All  this  is  brought  to  the  superior  knowledge  of  your  Excellency 
in  order  that,  notwithstanding  the  above  statement,  Y.  B.  may  direct  what  may 
be  deemed  proper  on  the  subject. 

PORT  OF  SAN  FRANCISCO,  Dec.  20, 1835. 

FRANCISCO  DE  HARO. 

FRANCO  .  SANCHEZ,  Sec'y. 


No.  XXX. 

EXHIBIT  No.  3   TO  DEPOSITION  OF   M.  G.  VALLEJO  IN  THE 

CASE. 

Election  of  Electors  of  the  Ayuntamiento  in  the  Pueblo  of  San  Francisco,  IN 
DECEMBER,  1835  FOR  1836. 

In  the  PUEBLO  of  San  Francisco  de  Asis,  on  the  13th  day  of  the  month  of 
December,  1835,  the  Municipality  of  this  Demarcation  in  the  Plaza  of  said 
PUEBLO.  The  corresponding  call  being  previously  made  by  billets  by  its  con- 
stitutional Alcalde,  for  the  purpose  of  holding  the  primary  junta  to  elect  nine 
electors,  which  correspond  according  to  the  number  of  inhabitants  of  this  sec- 
tion, and  the  said  constitutional  Alcalde  having  begun  the  matter  as  President, 
the  said  election  took  place  by  means  of  billets,  which  were  successively  pre- 
sented, all  the  citizens  concurring  ;  which  being  made  public  by  the  Secretary, 
who  was  also  the  Secretary  of  the  Ayuntamiento,  they  in  continuation  took 
notes,  from  which  there  resulted  by  majority  for  electors.  Citizens  Bartolo 
Bajorques  with  16  votes;  Jose  de  la  Cruz  Sanchez,  14;  Felipe  Briones,  14  ; 
Gabriel  Castro,  13  ;  Manuel  Sanchez,  11  ;  Francisco  Sanchez,  11 ;  Ygnacio 
Peralta,  11 ;  Joaquin  Estudillo,  11 ;  Candalario  Valencia,  10 ;  who  were  offi- 
cially notified,  and  understood  their  appointments,  and  were  to  meet  on  Sunday, 
the  27th  of  the  present  month,  in  order  to  hold  the  electoral  Junta,  for  the 
election  of  Alcalde,  second  Regidor,  and  Sindic  Procurador,  for  the  following 
year  of  1836  ;  and  the  act  being  concluded,  the  Junta  dissolved,  and  the 
President  and  Secretary  signed. 

FRANCISCO  DE  HARO,  President. 

FRANCISCO  SANCHEZ,  Secretary. 


48  ADDENDA,  NO.  XXXI. 

No.   XXXI. 

EXHIBIT   S    TO  DEPOSITION  OF  R.  C.  HOPKINS. 

Espediente  of  De  Haro  for  the  Rancho  San  Pedro. 

MARCH  7TH,  1836. 
Seal  of  the  Third  Class.     Two  Reales. 

Provisionally  authorised  by  the  Maritime  Custom  House  of  Monterey  of 
Upper  California,  for  the  years  1834  and  1835. 

To  the  Superior  Political  Chief: 

Francisco  de  Haro,  appears  in  due  form  before  your  worship,  and  represents, 
that  in  consideration  of  having,  more  than  a  year  since,  presented  himself  to  the 
Superior  Power  of  the  Territory,  soliciting  the  grant  of  the  tract  of  land  of 
San  Mateo,  or  San  Pedro,  or  El  Corral  de  tierra  on  the  coast,  (either  one  or 
the  other)  ;  having  in  view  the  fact  that  the  first  is  occupied  by  the  Indians  of 
the  Pueblo  of  Dolores  for  the  purpose  of  cultivation,  and  the  third  also  oc- 
pied  by  the  cattle  of  the  same  Pueblo,  and  being  well  satisfied,  as  has  been 
well  known  for  many  years,  that  the  tract  of  San  Pedro  is  vacant  and  un- 
occupied, he  therefore  presents  himself  to  the  kindly  consideration  of  your 
worship,  soliciting  that  by  virtue  of  your  power  you  will  grant  to  him  the 
aforesaid  tract  of  San  Pedro,  its  extent  being  two  leagues  from  North  to  South 
(according  to  the  map  which  accompanies  this) ,  so  that  he  may  place  thereupon 
the  stock  that  he  possesses,  this  being  sufficient  for  the  place. 

Wherefore  he  solicits  of  your  Excellency  the  said  favor,  which  is  just,  not 
sought  through  malice,  is  necessary,  etc. 

Port  of  San  Francisco,  22d  of  November,  1835. 

FRANCISCO  DE  HARO. 

In  conformity  with  the  superior  decree  of  your  worship,  commanding  the 
Administrator  of  this  Mission  to  report  with  regard  to  this  expediente,  I  have 
to  say,  that  the  petitioner  possesses  the  requisite  qualifications,  being  a  Mexican 
citizen  by  birth.  The  land  that  he  solicits  belongs  to  this  community,  is  pasture 
land,  suitable  for  crops,  and  irrigable  ;  it  is  not  included  in  the  twenty  leagues 
(limitrofes)  but  in  the  ten  literally  ;  it  is  a  little  more  than  four  leagues  distant 
from  this  place  and  is  now  occupied  by  horses,  being  the  most  convenient  spot 
for  this  place,  and  the  coast,  it  serves  as  a  middle  point  for  the  use  of  both ; 
moreover  the  common  lands  (ejidos  y  propios)  which  I  think  will  belong  to 
this  place,  after  it  shall  have  become  a  Pueblo,  have  not  yet  been  designated. 

It  is  certain  that  the  said  community  has  always  occupied  the  land,  and 
everything  is  as  I  have  stated  it. 

San  Francisco  de  Asis,  March  7, 1836. 

GUENDO-  FLORES. 

MONTEREY,  March  14, 1836. 

In  view  of  the  preceding  report,  the  petitioner's  request  cannot  be  granted. 
Let  him  be  notified  to  that  effect,  and  the  espediente  recorded  in  the  archives. 
Senor  Don  Nicolas  Gutierrez,  Political  Chief  (ad  interim)  of  the  Territory, 
thus  orders,  decrees,  signs  and  duly  attests. 

NICOLAS  GUTIERREZ, 
FRANCISCO  DEL  CASTILLO, 
NEGRETE.  Secretary. 


ADDENDA,  NOS.  XXXII,  XXXIII.  49 

At  the  same  date  the  party  interested  was  duly  notified  by  means  of  a 
dispatch. 

CASTILLO. 


No.  XXXII. 

Order  for  the  Resurvey  of  the  Buri-Buri  Rancho. 
MARCH  15TH,  1836. 

EXHIBIT    NO.   1   TO    DEPOSITION    OF    K.    C.    HOPKINS,    IN- 

THE  CASE. 

[SEAL.]  Under  this  date  I  have  written  as  follows  to  the  constitutional  Alcalde 
of  the  Port  of  San  Francisco,  [al  Alcalde  Constitutional  del  Puerto  de  San 
Francisco.] 

"  By  the  proceedings  heretofore  had  in  regard  to  the  possession  held  by  the 
'  Indians  who  occupy  the  tract  of  land  lying  between  the  first  willow-grove 
'  (el  primer  sausal)  and  San  Mateo,  contiguous  to  the  Rancho  of  Buri-Buri 
1  which  belongs  to  Don  Jose  Sanchez,  it  appears  that  these  Indians  are  in 
'  lawful  possession  of  this  tract  of  land,  according  to  the  distribution  which  was 
1  made  conformably  to  the  Regulation  of  Secularization.  But  having  pro- 
;<  ceeded  to  the  survey  of  four  leagues  of  land  granted  by  the  Government  to 
'  Don  Jose  Sanchez  in  the  place  called  Buri-Buri  without  prejudice  to  the  co- 
'  terminous  neighbors  (los  colindantes) ,  the  result  is  that  in  order  to  complete 
*  the  said  four  leagues  of  land  they  have  measured  as  far  as  '  Laguna  de  las 
'  Salinas,'  including  within  these  boundaries  the  lands  occupied  by  these 
'  Indians.  For  this  reason  the  survey  is  wrongly  made,  because  it  has  intruded. 
'  into  the  lands  of  strangers  and,  consequently,  another  survey  should  be  had, 
'  completing  the  four  leagues  of  land  in  some  other  direction  (por  otro  rumbo) 
'  as  may  be  most  suitable,  leaving  free  the  lands  which  the  Indians  now  occupy, 
1  and  without  causing  damage  to  any  other  co-terminous  neighbor." 

This  I  transcribe  for  your  information,  at  the  same  time  notifying  the  person 
who  occupies  the  land  in  question  that  there  shall  be  marked  out  to  him  the 
portion  of  land  which  belongs  to  him,  in  order  to  prevent  controversies,  and 
that  every  one  may  know  what  his  boundaries  are. 

Dios  y  Libertad ! 

Monterey,  March  15, 1836.  NICOLAS  GUTIERREZ, 

Senor  Administrator  de  San  Francisco  de  Assis. 


NO.  XXXIII. 

EXPEDIENTS  OF  THE  PRESIDIAL  PUEBLO  OF  MONTEREY 
RESPECTING  ITS  EJIDOS,  OR  SUBURBS. 

March  1836. 

[EXHIBIT  "  H  "  TO  DEPOSITION  OF  R.  C.  HOPKINS.] 
Constitutional  Ayuntamiento  of  Monterey. 

On  the  5th  of  December  last,  the  Ayuntamiento  of  this  port  stated  to  your 
Antecessor  (predecessor)  as  follows  : 

4* 


50  ADDENDA,  NO.  XXXIII. 

"  In  session  of  the  5th  of  this  month,  the  Ayuntamiento  approved  of  the 
proposition  made  by  the  Committee  on  Vacant  Lands,  in  the  report  made  by 
them  in  the  espediente  containing  the  petition  of  Gabriel  Espinosa  for  a  (solar) 
town  lot,  for  building  and  laboring  purposes,  in  a  spot  that  belongs  to  the 
(ejidos)  common  lands,  which  proposition  says  "  let  inquiry  be  made  (by  means 
of  an  oficio)  of  the  Superior  Political  Chief,  whether  it  is  his  duty  to  grant  the 
lands  referred  to,  or  whether  it  solely  belongs  to  the  Ayuntamiento  to  dispose  of 
their  common  lands."  In  accordance  with  this  decree,  I  call  upon  -your  wor- 
ship's attention  to  the  matter,  renewing  the  assurances  of  my  respect :" 

And  as  up  to  date,  no  answer  has  been  received,  and  as  the  expediente,  con- 
taining the  petition  of  the  said  Espinosa,  which  gave  rise  to  this  consultation, 
has  been  impeded,  together  with  other  proceedings  of  the  same  nature,  the 
Ayuntamiento  decided  to  transmit  this  to  your  worship,  that  you  might  advise 
them  as  to  the  matter  ;  wherefore  I  now  do  so,  renewing  the  assurances  of  their 
consideration. 

JOSE  R.  ESTRADA. 

JOSE  MARIA  MALDONADO,  Secretary. 


To  the  Superior  Political  \ 
Chief  of  the  Territory  :  \ 

MONTEREY,  Jan.  19,  1836. 
[MARGINAL  DECREE.] 

Let  this  be  transmitted  to  the  Assessor  Attorney  General  of  the  Territory, 
for  his  report. 

GUTIERREZ. 


To  the  Ayuntamiento  : 

It  appears  that  Ramon  Estrada,  in  soliciting  the  place  called  del  toro,  made 
his  application  to  the  Government,  and  the  same  course  was  taken  by  Juan 
Antonio  Munos  with  respect  to  the  land  called  "  La  puerta  del  rey  i  Nacional," 
both  of  which  are  included  in  the  limits  of  this  Port. 

If  Senor  Espinosa  solicits  a  town  lot,  for  building  a  house,  and  land  for  culti- 
vation, under  a  lease  for  a  limited  time,  the  Corporation  may  grant  it  to  him  ; 
but  if  he  desires  the  absolute  ownership  of  the  same,  he  must  take  the  same 
course  as  the  others  above  mentioned.  Notwithstanding,  the  vote  of  the  Ayun- 
tamiento has  passed  to  the  Assessor's  office,  and  I  am  waiting  to  inform  you  of 
the  reply.  God  and  Liberty. 

MONTEREY,  Jan.  19, 1836. 

NICOLAS  GUTIERREZ. 


Ttte  Ayuntamiento  of  this  Port : 

MONTEREY,  Jan.  23, 1836. 

In  session  of  to-day  the  Ayuntamiento  decided  to  suspend  the  discussion 
relative  to  common  lands  (ejidos)  until  the  arrival  of  the  "  Consulta"  and  the 
report  thereupon. 

ESTRADA. 

JOSE  MARIA  MALDONADO,  Secretary. 

Senor  Political  Chief: 

The  power  inherent  in  the  Territorial  Political  Chiefs,  with  respect  to  grant- 
ing lands,  should  only  apply  to  such  lands  as  can  be  granted  for  the  purpose  of 
colonization,  and  which  do  not  belong  to  any  private  individual  or  corporation ; 
and,  as  the  (ejidos)  common  lands,  as  well  as  all  lands  belonging  to  the  "  fundo 
legal,"  are  the  absolute  property  of  the  Ayuntamieuto,  it  is  clear  that,  when 


ADDENDA,  NO.  XXXIII.  51 

such  lands  are  in  question,  there  should  be  no  intervention  whatever  on  the  part 
of  the  Political  Chiefs.  The  law,  4  title  16,  lib  7,  of  the  Novisima  Recopi- 
lacion,  confers  upon  the  Ayuntamientos  of  Municipalities  the  management  of 
the  lands  of  their  fundos,  and  consequently  authorizes  them  to  lease  them,  put- 
ting them  up  at  public  auction,  and  advertising  them  by  the  public  crier  for 
nine  days,  afterwards  appointing  the  day  for  their  auction,  and  adjudging  them 
to  the  best  and  highest  bidders,  provided  that  they  shall  not  be  persons  pro- 
hibited by  law  7,  tit.  9,  of  the  books  aforesaid  (who  are  "  all  the  members  of 
the  Ayuntamiento.  including  its  Secretary  ")  which  lease  shall  endure  for  five 
years,  in  accordance  with  the  Koyal  Resolution,  published  in  Council  on  the 
*27th  of  May,  1763,  which  revoked  in  this  respect  the  instructions  given  by 
Charles  the  Third,  for  the  Administrative  Government  of  the  property  belong- 
ing to  the  "  propios  and  arbitrios  "  of  the  Ayuntamientos,  in  which  it  was  only 
permitted  to  lease  for  one  year. 

By  virtue  of  which  the  Assessor  General  of  the  Courts  of  1st  Instance  of 
the  Territory,  gives,  as  his  opinion,  that  your  Excellency  may  return  the  present 
consultation  to  the  noble  Ayuntamiento,  whence  it  proceeded,  in  order  that,  if 
it  meets  with  your  approbation,  that  body  may  submit  itself  to  the  aforesaid 
Supreme  Resolutions. 

MONTEREY,  Jan.  20,  1836.  COSURE  PENA. 


In  my  former  official  note  I  promised  to  return  you  an  "  oficio,"  with  the 
opinion  of  the  Senor  "  Asesor,"  into  whose  hands  it  passed.  This  being  ready, 
I  transmit  it  to  you,  in  company  with  the  following  declaration  relative  to  the 
subject. 

The  Pueblos  that  have  their  Jurisdictional,  but  not  their  Municipal  Boundary 
defined,  should  (by  means  of  the  Political  Government)  send  their  petition  to 
the  Deputation  ("which  petition  will  be  granted  by  that  body  ;  for  this  purpose 
an  exact  map  of  the  tract  petitioned  for  must  be  enclosed,  as  was  done  in  the 
last  year,  by  this  illustrious  corporation,  when  it  solicited  that  its  municipal 
boundaries  might  be  defined.  The  municipal  termino  having  been  defined,  and 
the  expenses  of  the  Ayuntamiento  being  high,  it  may  solicit,  through  the  same 
channel,  that  within  the  boundary  assigned,  certain  lands  may  be  assigned  to  it 
as  "  propios,"  and  the  Ayuntamiento  may  propose,  in  their  petition,  those  which 
appear  to  be  the  most  appropriate.  To  this  effect  it  will  annex  to  its  petition 
a  general  account,  including  both  its  petty  and  extraordinary  expense,  graduated 
for  the  term  of  five  years,  so  that  the  Deputation  and  Political  Chief,  being 
satisfied  with  them,  may  grant  the  petition.  The  "  termino  municipal "  and 
the  "  terreuos  propios  "  having  been  defined,  the  Ayuntamiento  may  define  or 
assign  that  which  it  requires  for  "  ejidos."  It  results  that  there  is  a  great  dif- 
ference in  the  significations  of  " Termino  Jurisdiccional"  "  Jurisdicion"  " Ter- 
mino Municipal,"  •'  Terrenos  de  propios,"  and  "  Ejidos." 

For  your  better  comprehension  I  will  make  a  brief  explanation  : 

By  "  termiuo  Jurisdiccional,"  "  Jurisdiccion,"  "  Partido,"  or  "  Distrito,"  is 
understood  all  that  is  comprised  within  the  limits,  to  which  the  jurisdiction  of 
the  Alcalde  or  Judge  of  the  Pueblo  extends. 

By  "  termino  Municipal,"  that  land,  which  has  been  assigned  to  the  Pueblos 
for  the  relief  of  their  herds,  within  which  neither  the  cattle  nor  inhabitants  of 
neighboring  pueblos  can  enter,  for  the  purpose  of  grazing  or  cutting  wood, 
without  being  denounced,  unless  they  have  some  letter  of  commonalty. 

The  "  terrenes  de  propios  "  are  lands  assigned  to  the  Ayuntamiento,  so  that, 
by  leasing  them  to  the  best  bidders,  for  a  term  not  exceeding  five  years,  they 
may  defray  their  expenses  by  the  proceeds  ;  and  the  Ayuntamiento  may  propose 
the  amount  of  rent,  mentioning  it  in  the  petition  which  is  presented.  The  lands 
that  remain,  after  the  assignment  of  the  "  propios,"  and  that  are  not  granted 


52  ADDENDA,  NO.  XXXIII. 


to  any  person,  remain  as  vacant  lands,  at  the  disposal  of  the  government ;  and 
as  to  those  granted  and  confined  within  the  "  termino  Municipal,"  a  "  censo  " 
may  be  imposed  upon  them  by  assigning  them  as  "  de  Propios,"  care  being 
taken  that  all  be  conformable  to  the  "  reglamento  of  propios." 

And  by  "  Ejidos,"  are  understood  lands  that  are  immediate  to,  and  in  the 
circumference  of  the  Pueblo,  which  serve  both  for  the  relief  and  the  convenience 
of  the  inhabitants,  (poblacion)  who  may  keep  therein  a  few  milch  cows  and 
horses  for  their  use,  and  to  form  walks  or  alleys  which  may  adorn  the  entrance 
of  the  place,  so  that  the  ejidos  may  have  a  quarter  or  a  half  league  around  the 
town,  which  is  sufficient  for  its  ventilation,  and  the  Ayuntamiento  may  dispose 
of  these  lands  for  building  lots. 

If  any  further  doubt  should  occur  you  may  consult  me  upon  the  matter,  so 
that  everything  may  be  duly  explained.  God  and  Liberty  ! 

MONTEREY,  Jan.  25, 1836. 

NICOLAS  GUTIERREZ. 
To  the  Illustrious  Ayuntamiento  of  this  Port. 


MONTEREY,  Jan.  30, 1836. 
In  session  of  to-day,  this  was  referred  to  the  Committee  on  Lands. 

JOSE  MARIA  MALDONADO,  Secretary. 

Illustrious  Ayuntamiento  : 

The  committee  on  vacant  lands  (valdios)  have  duly  considered  the <:  consultar  " 
that  the  illustrious  Ayuntamiento  submitted  to  the  Political  Chief,  and  the  re- 
port as  to  how  this  corporation  should  act  with  regard  to  its  propios  and  ejidos, 
and  the  committee  cannot,  beyond  a  doubt,  approve  of  any  other  course  than 
that  minutely  set  forth  in  the  report  of  the  Political  Governor,  of  January  25 
last. 

The  Committee,  therefore,  submits  to  this  illustrious  body  the  following 
proposition  : 

That  the  expediente  pass  to  the  proper  committee,  that  it  may  proceed  to  the 
formation  of  a  general  account  of  the  expenses  of  the  Municipality,  in  the 
forms  prescribed  by  the  Political  Governor  in  his  report  of  the  25th  of  Janu- 
ary last. 

MONTEREY,  March  11, 1836. 

SANTIAGO  WATSON. 

Sonifaciode   \ 

Madariaya    j  MONTEREY,  March  21, 1836. 

In  session  of  to-day,  the  Illustrious  Ayuntamiento  approved  of  the  following 
proposition  : 

1st.  It  approves  of  the  proposition  which  concludes  the  foregoing  report  of 
the  committee. 

2d.  Therefore,  let  the  expediente  pass  to  the  Committee  of  Finance  "  (de 
contaduria)"  in  connection  with  those  of"  Arbitrios  "  and  "  Yaldios,"  (vacant 
lands)  in  order  that  the  first  and  second  may  set  forth  the  expenses  of  this  mu- 
nicipality, and  that  the  third  may  prepare  the  maps  of  the  lands  to  be  solicited 
as  "  propios  "  of  this  pueblo  and  frame  the  petition  to  be  presented  to  the 
Excellent  Territorial  Deputation.  And  by  virtue  of  and  in  compliance  with 
this  decree,  let  the  expediente  pass  to  the  aforesaid  committees,  who  are  re- 
quested to  give  the  matter  their  prompt  attention  and  report  thereon  as  speedily 
as  possible. 

ESTRADA. 

JOSE  MARIA  MALDONADO,  Secretary. 


ADDENDA,  NOS.  XXXIV,  XXXV.  53 


No.  XXXIV. 

GRANT  OF  LAND  BY  THE  AYUNTAMIENTO  OF  SAN  FRAN- 
CISCO  TO  WILLIAM  RICHARDSON  IN  1836. 

[Exhibit  Y  Z  in  the  case.] 
Most  Illustrious  Ayuntamiento : 

William  Richardson,  a  citizen!  and  resident  of  this  Port,  in  due  form  repre- 
sents that  he  is  resolved  to  establish  himself  in  Yerba  Buena,  and  for  that  effect 
requires  to  build  a  house,  for  which  he  applies  to  your  Superiority,  by  using 
your  faculties  to  deign  to  grant  him  a  lot  of  one  hundred  varas  square,  in 
Yerba  Buena,  in  front  of  the  Plaza  and  anchorage  of  the  ships. 

For  which  effect  I  request  that  you  will  deign  to  grant  this  my  petition, 
which  is  on  common  paper,  there  being  no  stamp  as  corresponds. 

SAN  FRANCISCO,  June  1,  1836. 

(Signed,)  WM.  RICHARDSON. 

This  Corporation  being  satisfied  of  the  good  services  that  the  party  request- 
ing has  rendered  to  this  jurisdiction  since  his  arrival  in  this  country,  with  his 
different  trades  as  bricklayer,  surgeon  and  carpenter,  and  having  married  one 
of  the  first  in  the  country,  and  that  the  said  party  has  resolved  to  follow  his 
good  conduct,  this  Corporation  has  concluded  to  grant  to  Mr.  William  Rich- 
ardson the  lot  of  one  hundred  varas  square,  which  he  requests  in  Yerba  Buena, 
so  that  he  may  establish  himself  there  with  his  family. 

Date  as  above. 

JOSE  JOAQUIN  CARRILLO, 

Alcalde  Constitutional. 


No.  XXXV. 

EXHIBITS  No.  8  AND  9  TO  DEPOSITION  OF  M.  G.  YALLEJO. 

ELECTION  FOR  THE  AYUNTAMIENTO  OF  1838. 
December  M,  1837. 

In  the  Pueblo  of  San  Francisco  de  Asis,  on  the  third  day  of  the  month  of 
December,  one  thousand  eight  hundred  and  thirty-seven,  the  municipality  of 
this  comprehension  being  assembled  in  the  plaza  of  said  Pueblo,  for  the  pur- 
pose of  celebrating  the  "  Junta  primaria,"  according  to  custom  and  the  laws 
on  the  matter  ;  the  act  of  voting  having  first  taken  place  for  president,  secreta- 
ries, and  the  corresponding  inspectors,  and  consequently  the  first  in  continuation 
(proceeded)  to  take  the  votes,  according  to  the  order  of  the  tickets  previously 
distributed  by  the  committee  appointed  for  this  purpose,  and  in  conclusion  of 
every  act.  The  regulation  of  suffrages  being  made,  it  resulted  in  favor  of  each 
one  of  the  citizens  present ;  from  it  then  resulted  electors  by  the  majority  of 
votes  given,  citizen  Francisco  Guerrero  with  29  votes,  Francisco  de  Haro  with 
26,  Vicente  Miramontes  with  21,  Antonio  Maria  Peralta  with  20,  Jose  An- 
tonio Alviso  with  17,  Juan  Bernal  with  16,  Leander  Galindo  with  15,  Juan 
Cornelio  Bernal  with  14,  Domingo  Sais  with  13,  which  was  made  known  to 
them  for  their  information,  by  means  of  an  official  letter  which  will  serve  them 
for  credentials,  and  this  act  being  concluded,  the  Junta  was  dissolved,  and  there 


54      ADDENDA,  NOS.  XXXV,  XXXVI. 

was  recorded  officially  all  that  had  been  done,  which  was  signed  by  the  presi- 
dent, secretaries  and  inspectors,  this  day  of  its  date. 

President, 
FRANCISCO  DE  HARO. 

Secretaries, 

FRANCISCO  G.  PALOMARES, 
FRANCISCO  SANCHEZ. 

Inspectors, 

ANTONIO  MARIA  PERALTA, 
J.  DE  LA  C.  SANCHEZ. 


JANUARY  STH,  1838. 

In  the  Pueblo  of  San  Francisco  de  Asis,  on  the  eighth  day  of  the  month  of 
January,  one  thousand  eight  hundred  and  thirty-eight,  the  electors  of  this  mu- 
nicipality, citizens  Francisco  de  Haro,  Francisco  Guerrero,  Antonio  Maria 
Peralta,  Jose  Cornelio  Bernal,  Jose  Antonio  Alviso,  Juan  Bernal,  Leandro 
Galendo,  Domingro  Sais  and  Yincente  Miramontes,  being  assembled  in  the 
Constitutional  Hall  of  said  Pueblo  to  celebrate  the  secondary  Electoral  Junta, 
the  reading  of  the  Act  of  the  previous  Sunday  the  3d  (inst.),  was  proceeded 
to,  and  having  been  approved  in  continuation  (they  proceeded)  to  the  appoint- 
ment of  the  committee  to  examine  the  credentials  of  said  Senores,  which  were 
also  approved ;  in  continuation  the  voting  for  Alcalde  was  commenced  by 
means  of  tickets,  and  the  computation  of  votes  being  made,  citizen  Francisco 
de  Haro  resulted  (elected)  by  a  majority  of  four  votes  ;  for  which  reason,  and 
because  no  objection  was  presented  against  the  person  elected,  he  remained  in 
effect  elected  Alcalde  for  the  present  year  of  1838.  In  continuation  they  pro- 
ceeded to  vote  for  2d  Regidor,  and  being  performed  in  the  same  terms  as  the 
preceding,  and  the  computation  of  votes  made,  citizen  Domingo  Sais  received 
the  majority  of  four  votes,  wherefore  he  was  elected  2nd  Regidor  ;  in  continua- 
tion the  voting  was  continued  for  "  Sindico  Procurador,"  in  the  same  form  as 
those  before  appointed,  and  from  it  resulted  citizen  Jose  Rodriguez,  uniting  the 
majority  of  five  votes,  and  in  effect  he  was  elected  "  Sindico."  Lastly,  having 
asked  if  there  was  any  objection  against  any  of  those  elected,  and  none  having 
been  presented,  they  were  approved,  and  the  whole  act  was  considered  as  con- 
cluded, and  it  was  recorded  officially,  which  the  President  and  Secretary  signed 
this  day  of  its  date. 

IGNACIO  MARTINEZ, 
FRANCISCO  SANCHEZ. 


No.   XXXYL 

GRANT  OF  LAND  BY  FRANCISCO  SANCHEZ,  MILITARY  COM- 
MANDANT,  TO    APOLONARIO   MIRANDA,   NOVEMBER    16, 

1838. 

PREFECT'S  GRANT  OF  100-YARAS,  OJQ  DE  AGUA  DE  FIGUEROA. 

[Exhibit  W  in  the  Case.] 
To  the  Military  Commandant : 

Apolinario  Miranda,  a  Corporal  of  Squadron  of  the  Company  of  San 
Francisco,  comes  before  your  Excellency  and  presents  himself  by  means  of  this 
writing,  and  states  that  he  is  about  leaving  the  service  and  he  is  desirous  of  es- 


ADDENDA,  NOS.  XXXVI,  XXXVII.  55 

tablishing  himself  and  family  in  the  Presidio,  and  finding  that  you  have  the 
power  to  grant  lots,  he  requests  that  you  will  grant  to  him  the  lot  known  as  the 
"  Ojo  de  Figueroa,"  where  he  has  provisionally  built  a  house. 

To  which  effect  he  humbly  begs  that  you  will  attend  to  his  request,  by  which 
he  will  receive  a  favor  and  justice. 

Presidio  of  San  Francisco. 

APOLONARIO  MIRANDA. 


SAN  FRANCISCO,  November  16, 1838. 

I  hereby  grant  unto  the  party  interested  the  lot  he  requests,  as  regulated  by 
laws,  and  it  comprises  one  hundred  varas  square. 

SANCHEZ. 


No.  XXXVII. 

GOVERNOR  ALVARADO'S  REGULATIONS  RESPECTING  MIS- 
SIONS, JANUARY  1839. 

[Halleck's  Rep.  App.  17;  1  Rockwell  462;  Jones'  Report,  page  66 ;  App.  17.] 

The  fact  of  there  not  having  been  published  in  due  season  a  set  of  regula- 
tions, to  which  the  management  of  the  administrators  of  the  missions  ought 
to  have  been  subject  from  the  moment  the  so-called  secularization  was  attempted, 
having  caused  evils  of  great  transcendency  to  this  Upper  California,  as  these 
officers,  authorized  to  dispose  without  limit  of  the  property  under  their  charge 
do  not  know  how  to  act  in  regard  to  their  dependence  upon  the  political  govern- 
ment and  that  of  the  most  excellent  department  junta,  not  being  at  present  in 
session  to  consult  with  respecting  the  necessary  steps  to  be  taken  under  such 
circumstances,  since  the  regulations  of  said  secularization  neither  could  nor  can 
take  effect  on  account  of  the  positive  evils  attending  the  fulfilment  thereof,  as 
experience  itself  has  demonstrated,  has  induced  this  government,  in  considera- 
tion of  the  pitiful  state  in  which  said  establishments  at  present  are,  to  dictate 
these  provisional  regulations,  which  shall  be  observed  by  said  administrators, 
who  will  subject  themselves  to  the  following  articles  : 

ARTICLE  1.  All  persons  who  have  acted  as  administrators  of  missions  will, 
as  soon  as  possible,  present  to  the  government  the  accounts  corresponding  to 
their  administration  for  due  inspection,  excepting  those  persons  who  may  have 
already  done  so. 

ART.  2.  The  present  administrators  who,  at  the  delivery  of  their  prede- 
cessors, may  have  received  said  documents  as  belonging  to  the  archives,  will 
return  them  to  the  parties  interested,  who,  in  virtue  of  the  foregoing  article, 
will  themselves  forward  them  to  government,  they  being  solely  responsible. 

ART.  3.  Said  officers  will  likewise  remit  those  belonging  to  their  adminis- 
tration up  to  the  end  of  December  of  last  year,  however  long  they  may  have 
been  in  office. 

ART.  4.  Said  officers  will  remit,  as  soon  as  possible,  an  exact  account  of 
the  debts  owing  by  and  to  the  missions  which  at  different  times  have  been 
contracted. 

ART.  5.  Under  no  title  or  pretext  whatsoever  shall  they  contract  debts, 
whatever  may  be  the  object  of  their  inversion,  nor  make  sales  of  any  kind 
either  to  foreign  merchants  or  to  private  persons  of  the  country,  without  the 
previous  knowledge  of  government,  for  whatever  may  be  done  to  the  contrary 
shall  be  null  and  without  effect. 


56  ADDENDA,  NO.  XXXVII. 

ART.  6.  The  amounts  owed  by  the  establishments  to  merchants  and  private 
persons  cannot  be  paid  without  an  express  order  from  government,  to  which 
must  likewise  be  sent  an  account  of  all  such  property  of  each  mission  as  it  has 
been  customary  to  make  such  payments  with. 

ART.  7.  Without  previous  permission  from  said  government,  no  kind  of 
slaughtering  of  cattle  shall  take  place,  except  what  is  necessary  for  the  main- 
tenance of  the  Indians,  and  the  ordinary  consumption  of  the  house ;  and  even 
with  respect  to  this,  the  persons  in  charge  will  take  care  that,  as  far  as  possible, 
no  female  animals  be  killed. 

ART.  8.  The  traffic  of  mules  and  horses  for  woolen  manufactures,  which  has 
hitherto  been  carried  on  in  the  establishments,  is  hereby  absolutely  prohibited  ; 
and  in  lieu  thereof,  the  persons  in  charge  will  see  that  the  looms  are  got  into 
operation,  so  that  the  wants  of  Indians  may  thus  be  supplied. 

ART.  9.  At  the  end  of  each  month,  they  will  send  to  government  a  state- 
ment of  the  ingress  and  egress  of  all  kinds  of  produce  that  may  have  been 
warehoused  or  distributed,  it  being  understood  that  the  Indians  at  all  times  are 
to  be  provided  for  in  the  customary  manner  with  such  productions  ;  to  which 
end  the  administrators  are  empowered  to  furnish  them  with  those  which  are 
manufactured  in  the  establishment. 

ART.  10.  The  administrators  will  in  this  year  proceed  to  construct  a  build- 
ing, on  account  of  the  establishment,  to  serve  them  for  habitation,  and  they 
may  choose  the  locality  which  they  may  deem  most  convenient,  in  order  that 
they  may  vacate  the  premises  which  they  now  occupy. 

ART.  11.  They  shall  not  permit  any  individual  of  those  called  de  razon 
(white  people)  to  settle  themselves  in  the  establishments  while  the  Indians 
remain  in  community. 

ART.  12.  They  will  at  an  early  period  present  a  census  of  all  the  inhabit- 
ants, distinguishing  their  classes  and  ages,  in  order  to  form  general  statistics ; 
and  they  will  likewise  mention  those  who  are  emancipated  and  established  on 
the  lands  of  said  establishments. 

ART.  13.  The  establishments  of  San  Carlos,  San  Juan  Bautista,  and 
Sonoma  are  not  comprehended  in  the  orders  of  this  regulation.  The  govern- 
ment will  regulate  them  in  a  different  manner  ;  but  the  administrators,  who  at 
different  times  may  have  had  the  management  of  their  property,  will  be  subject 
to  the  orders  contained  in  articles  1  and  2. 

ART.  14.  They  will  likewise  remit  an  account  of  all  persons  employed  under 
them,  designating  their  monthly  pay,  according  to  the  orders  which  may  have 
been  given,  including  that  of  the  reverend  padres,  with  the  object  of  regulating 
them  according  to  the  means  of  each  establishment  ;  and  these  salaries  shall 
not  be  paid  now  nor  hereafter  with  self-moving  property  ;  (cattle). 

ART.  15.  The  administrators  will,  under  the  strictest  responsibility,  fulfil 
these  orders,  with  the  understanding  that,  in  the  term  of  one  month,  they  shall 
send  the  information  required  of  them. 

ART.  16.  Government  will  continue  making  regulations  respecting  every- 
thing tending  to  establish  the  police  to  be  observed  in  the  establishments,  and 
the  manner  to  be  observed  in  making  out  the  accounts. 

ART.  17.  For  the  examination  of  these  accounts,  and  everything  thereto 
relating,  the  government  will  appoint  a  person  with  the  character  of  inspector, 
with  a  competent  salary,  to  be  paid  out  of  the  funds  of  said  establishments  ; 
and  this  person  will  establish  his  office  where  the  government  shall  appoint,  and 
have  regulations  given  therefor  in  due  time. 


ADDENDA,  NOS.  XXXVIII,  XXXIX.  5T 

No.  XXXYIII. 

EXHIBIT  No.  10  TO  DEPOSITION  OF  M.  G.  YALLEJO. 

ORDER  FOR   CONSTITUTIONAL  ELECTIONS  JANUARY  17ra, 

1839. 

Juan  Baptiste  Alvarado,  Governor  ad  interim,  of  the  Department  of  the  Cali- 

fornias : 

Whereas,  it  has  become  necessary  to  give  due  fulfilment  to  the  law  of  No- 
vember 30th,  1836,  sent  in  the  last  mail  by  the  Supreme  Government  for  its 
observance  in  the  Department,  directing  its  proper  fulfilment,  and  that  the 
elections  be  commenced  for  the  organization  of  the  Constitutional  system,  and 
desirous  that  in  conformity  to  it  there  be  established  the  authorities  who  are  to 
act,  I  have  ordered  that  for  that  object  there  be  observed,  in  this  Alta  Califor- 
nia, the  following  articles  : 

1st.  The  Constitutional  Elections  will  be  proceeded  with  conformably  to  the 
law  of  November  30th,  1836. 

2d.  These  elections  will  commence  the  first  Sunday  of  next  March,  and  will 
terminate  the  third  of  the  same  month. 

3d.  According  to  the  order  which  the  Towns  hold,  there  will  be  named  an 
elector  for  each  one  of  the  following  :  San  Francisco,  San  Jose,  Villa  of 
Branceforte,  Monterey  and  Santa  Barbara,  Los  Angeles,  and  San  Diego. 

4th.  In  accordance  with  the  foregoing  article,  the  Port  of  San  Diego  will 
recognize  the  city  of  Los  Angeles  as  the  head  (cabecera)  of  Partido  ;  the  Villa 
of  Branceforte,  Monterey ;  and  the  frontier  of  the  north  of  San  Francisco, 
the  Port  of  that  name. 

5th.  This  government  will  place  itself  in  agreement  with  the  Political  Chief 
ad  interim,  of  Baja  California,  in  order  that  directing  the  corresponding  elections 
in  these  towns  (pueblos)  full  compliance  may  be  made  with  what  is  directed  by 
the  laws. 

And  that  it  may  come  to  the  notice  of  all,  I  order  that  it  be  published  by 
proclamation,  and  be  posted  in  the  usual  public  places. 

SANTA  BARBARA,  January  17, 1839. 

JUAN  B.  ALVARADO. 

[The  following  endorsement  is  on  the  outside  of  the  within  document :] 
I  transmit  to  you  this  proclamation  to  which  official  communication  of  the 
17th  of  January,  1839,  refers,  and  to  which  I  annex  it ;  in  orcier  that  being 
advised  of  its  contents  you  may  return  it  to  me  to  record  it. 

HARO. 

To  the  person  in  charge  (Sor  Encargado)  of  Contra   Costa,  Citizen  Yg" 
Peralta. 


No.  XXXIX. 

GOVERNOR  ALVARADO'S   REGULATIONS  RESPECTING  MIS- 
SIONS, MARCH,  1839. 

Regulations  of  Governor  Alvarado  respecting  the  missions  of  California,  obli- 
gations of  the  mayordomos,  inspectors,  fyc.,  dated  March  1, 1840. 
[Halleck's  Rep.  App.  18  ;  1  Rockwell,  466  ;  Jones'  Report,  page  68  ;  Appendix,  18.] 
Experience  having  proved  in  an  undoubted  manner  that  the  missions  of 

Upper  California,  for  want  of  regulations  organizing  the  management  of  the 


58  ADDENDA,  NO.  XXXIX. 

persons  in  charge  of  them,  have  in  a  short  time  suffered  reverses  and  losses  of 
great  moment,  the  many  abuses  which  were  found  to  exist  in  the  administra- 
tion of  the  property  of  said  missions  obliged  this  government  to  issue  the 
regulation  of  17th  January  last  year ;  but  as  it  has  been  found  that  those  have 
not  been  sufficient  to  root  out  the  evils  which  are  experienced,  particularly  on 
account  of  the  high  salaries  with  which  the  establishments  are  burdened,  and 
which  they  cannot  support,  and  being  desirous  to  establish  economy  and  a 
regular  administration  until  the  supreme  government  determine  what  it  may 
deem  proper,  I  publish  the  present  regulations  which  are  to  be  strictly  observed  : 

ARTICLE  1.  The  situations  of  administrators  in  the  missions  of  Upper 
California  are  abolished,  and  in  their  stead  mayordomos  are  established. 

ART.  2,  These  mayordomos  will  receive  the  following  salaries  :  Those  of 
San  Diego  and  San  Juan  Capistrana,  $180 ;  those  of  Santa  Barbara,  San 
Luis  Obispo,  San  Francisco  de  Asis,  and  San  Kafael,  $240 ;  those  of  San 
Buenaventura,  La  Purissima,  San  Miguel,  and  San  Antonio,  $300  ;  those 
of  San  Fernando  and  Santa  Frues,  $400;  those  of  San  Luis  Rey  and 
San  Gabriel,  420 ;  the  one  of  Santa  Clara,  480  ;  and  the  one  of  San  Jose 
$600. 

ART.  3.  The  former  administrators  may  occupy  said  situations,  provided, 
that  they  be  proposed  in  the  manner  pointed  out  by  these  regulations. 

ART.  4.  The  situation  of  inspectors  and  the  office  established  agreeable  to 
the  17th  article  of  the  regulations  of  the  17th  of  January  last  year,  shall 
continue,  with  a  salary  of  $3,000  per  annum,  and  his  powers  will  be  hereafter 
designated. 

OBLIGATIONS   OF    THE   MA1ORDOMOS. 

ART.  5.  To  take  care  of  everything  relative  to  the  advancement  of  the 
property  under  their  charge,  acting  in  concert  with  the  reverend  padres  in  the 
difficult  cases  which  may  occur. 

ART.  6.  To  compel  the  Indians  to  assist  in  the  labors  of  the  community, 
chastising  them  moderately  for  the  faults  they  may  commit. 

ART.  7.  To  see  that  said  Indians  observe  the  best  morality  in  their  manners, 
and  oblige  them  to  frequent  the  church  at  the  days  and  hours  that  have  been 
customary,  in  which  matter  the  reverend  padres  will  intervene  in  the  manner 
and  form  determined  in  the  instructions  given  by  the  inspector  to  the  admi- 
nistrators. 

ART.  8.  To  remit  to  the  inspector's  office  a  monthly  account  of  the  produce 
they  may  collect  into  the  storehouses,  and  an  annual  one  of  the  crops  of  grain, 
liquors,  &c.,  and  of  the  branding  of  all  kinds  of  cattle. 

ART.  9.  Said  account  must  be  authorized  by  the  reverend  padres. 

ART.  10.  To  take  care  that  the  reverend  padres  do  not  want  for  their 
necessary  aliment,  and  furnish  them  with  everything  necessary  for  their  personal 
subsistence,  as  likewise  to  vaqueros  and  servants,  which  they  may  request  for 
their  domestic  service. 

ART.  11.  To  provide  the  ecclesiastical  prelates  all  the  assistance  which  they 
may  stand  in  need  of  when  they  make  their  accustomed  visits  to  the  missions 
through  which  they  pass  ;  and  they  are  obliged  under  the  strictest  responsibility 
to  receive  them  in  the  manner  due  to  their  dignity. 

ART.  12.  In  the  missions  where  the  said  prelates  have  fixed  residence,  they 
will  have  the  right  to  call  upon  the  mayordomos  at  any  hour  when  they  may 
require  them,  and  said  mayordomos  are  required  to  present  themselves  to  them 
every  day  at  a  cartain  hour,  to  know  what  they  may  require  in  their  ministerial 
functions. 

ART.  13.  To  furnish  the  priest  of  their  respective  missions  all  necessary 
assistance  for  religious  worship ;  but  in  order  to  invest  any  considerable  amount 
in  this  object,  they  will  solicit  the  permission  to  do  so  from  government  through 
the  medium  of  the  inspector. 


ADDENDA,  NO.  XXXIX.  59 

ART.  14.  To  take  care  that  in  the  distribution  of  goods  received  from  the 
respective  office  to  the  Indians,  the  due  proportion  be  observed  amongst  the 
different  classes  and  description  of  persons,  to  which  end  the  reverend  padres 
shall  be  called  to  be  present,  and  they  will  approve  of  the  corresponding  list 
of  distribution. 

ART.  15.  To  observe  all  the  orders  which  they  receive  from  the  inspector's 
office  emanating  from  the  government,  and  to  pay  religiously  all  drafts  addressed 
to  them  by  said  conduct  and  authorized  by  said  government. 

ART.  16.  They  will  every  three  months  send  to  the  respective  office  a  list  of 
the  goods  and  necessaries  they  may  stand  in  greatest  need  of,  as  well  for  covering 
the  nakedness  of  the  Indians  and  carrying  on  the  labor  of  the  establishment,  so 
as  to  provide  for  the  necessities  of  the  priests  and  religious  worship,  so  that 
comparing  these  requisitions  with  the  stock  on  hand,  the  best  possible  remedy 
may  be  applied.  They  will  take  care  to  furnish  the  necessary  means  of 
transport  and  provisions  to  the  military  or  private  persons  who  may  be  traveling 
on  the  public  service,  and  they  will  provide  said  necessaries  as  well  for  the 
before  mentioned  persons,  as  for  the  commanders  of  stations  who  may  ask  for 
assistance  for  the  troops  ;  and  send  in  a  monthly  account  to  the  inspector, 
that  he  may  recover  the  amount  from  the  commissariat. 

ART.  18.  They  will  likewise  render  assistance  to  all  other  private  individuals 
who  may  pass  through  the  establishments,  charging  them  for  food  and  horses  an 
amount  proportioned  to  their  means. 

ART.  19.  They  will  take  care  that  the  servants  uuder  them  observe  the  best 
conduct  and  morality,  as  well  as  others  who  pass  through  or  remain  in  the 
establishments  ;  and  in  urgent  cases  they  are  authorized  to  take  such  steps,  as 
they  may  consider  best  adapted  to  preserve  good  order. 

ART.  20.  They  may  without  any  charge  make  use  of  the  provisions 
produced  by  the  establishments  for  their  own  subsistence  and  that  of  their 
families. 

ART.  21.  They  may  employ  as  many  servants  as  they  consider  necessary  for 
carrying  on  the  work  of  the  community,  but  their  situations  must  be  filled 
entirely  by  natives  of  the  establishments  themselves. 

ART.  22.  Said  mayordomos  are  merely  allowed  to  request  the  appointment 
of  a  clerk  to  carry  on  their  correspondence  with  the  inspector's  office. 

ART.  23.  After  the  mayordomos  have  for  one  year  given  proofs  of  their 
activity,  honesty,  and  good  conduct  in  the  fulfilment  of  their  obligations,  they 
shall  be  entitled  (in  times  of  little  occupation)  to  have  the  government  allow 
the  Indians  to  render  them  some  personal  services  in  their  private  labors  ;  but 
the  consent  of  the  Indiians  themselves  must  be  previously  obtained. 

ART.  24.  The  mayordomos  cannot  make  any  purchase  of  goods  from  mer- 
chants, nor  make  any  sale  of  the  produce  or  manufactures  of  the  establish- 
ments, without  previous  authority  from  government.  (Second.)  Dispose  of 
the  Indians  in  any  case  for  the  service  of  private  persons  without  a  positive 
superior  order.  (Third.)  Make  any  slaughtering  of  cattle,  except  what  shall 
be  ordered  by  the  inspectors,  to  take  place  weekly,  extraordinarily,  or  annually. 

OBLIGATIONS   OF   THE   INSPECTORS. 

ART.  25.  To  make  all  kinds  of  mercantile  contracts  with  foreign  vessels  and 
private  persons  of  the  country  for  the  benefit  of  the  missions. 

ART.  26.  To  provide  said  establishments  with  the  requisite  goods  and  neces- 
saries mentioned  in  the  lists  of  the  mayordomos,  taking  into  consideration  the 
stock  of  each  establishment. 

ART.  27.  To  draw  the  bills  for  the  payment  of  the  debts  contracted  by  his 
office  and  those  already  due  by  the  establishments. 

ART.  28.  He  shall  be  the  ordinary  conductor  of  communication  between 
the  government  and  the  subaltern  officers  of  said  missions,  as  well  as  between 


60  ADDENDA,  NOS.  XXXIX,  XL. 

all  other  persons  who  may  have  to  apply  to  government  respecting  any  business 
relative  to  said  establishments. 

AKT.  29.  He  will  pay  the  salaries  of  the  mayordomos  and  other  servants, 
take  care  that  they  fulfil  their  obligations,  and  propose  to  government,  in  con- 
junction with  the  reverend  padres,  the  individuals  whom  they  may  consider 
best  qualified  to  take  charge  of  the  missions. 

ART.  30.  He  will  determine  the  number  of  cattle  to  be  killed  weekly, 
annually,  or  on  extraordinary  occasions. 

ART.  31.  He  will  form  the  interior  regulations  of  his  office,  and  propose 
to  government  the  subalterns  which  he  may  judge  necessary  for  the  proper 
management  thereof. 

GENERAL   ORDERS. 

ART.  32.  All  merchants  and  private  persons  who  have  any  claims  on  said 
missions,  will  in  due  time  present  to  the  inspector  an  account  of  the  amounts 
due  to  them,  with  the  respective  vouchers,  in  order  that  the  government  may 
determine  the  best  manner  of  settling  them,  as  the  circumstances  of  said  mission 
may  permit. 

ART.  33.  With  respect  to  the  missions  of  San  Carlos,  San  Bautista,  Santa 
Cruz,  La  Solidad,  and  San  Francisco  Solano,  the  general  government  will 
continue  regulating  them  as  circumstances  may  permit. 

ART.  34.  Officers  and  magistrates  of  all  kinds  are  at  liberty  to  manifest  to 
government  the  abuses  they  may  observe  in  those  charged  with  fulfiling  Ihese 
regulations,  so  that  a  quick  remedy  may  be  applied. 

ART.  35.  The  government,  after  previously  hearing  the  opinions  of  the 
reverend  padres,  will  arrange  matters  respecting  the  expenses  of  religious 
worship  and  the  subsistence  of  said  padres,  either  by  fixing  a  stated  amount  for 
both  objects,  or  in  some  other  manner  which  may  be  more  convenient  towards 
attending  to  their  wants. 

ART.  36.  All  prior  regulations  and  orders  conflicting  with  the  present  are 
annulled  ;  and  if  any  doubt  occur  respecting  their  observance,  the  government 
will  be  consulted  through  the  established  channel. 

ART.  37.  During  the  defect  or  temporary  absence  of  the  mayordomos,  the 
reverend  padres  will  in  the  mean  time  take  charge  of  the  establishments. 


No.  XL. 

JUSTICE  DE  HARO  TO  THE  GOVERNOR. 

PETITION  FOR  LOTS  IN  YERBA  BUENA,  REFERRED  TO  GOV- 
ERNOR, FEBRUARY  27TH,  1839. 

[California  Archives,  Vol.  I,  Juzgados,  p.  282.  Exhibit  J  to  deposition  of  R.  C.  Hopkins  in 

the  Case.] 

Juzgado  of  San  Francisco. 

I  submit  for  the  consideration  of  your  Excellency  the  petitions  of  the  citizens 
Valencio  and  Jose  Rodriquez  for  solars  at  the  point  of  Yerba  Buena,  where, 
as  they  represent  to  me,  they  desire  to  settle.  Your  Excellency  will  resolve  in 
relation  to  said  petition,  what  may  be  judged  proper.  God  and  Liberty. 

SAN  FRANCISCO,  February  27th,  1839. 

FRANCISCO  DE  HARO. 


ADDENDA,  NOS.  XLI,  XLII.  61 

No.  XLI. 

NO  JAIL  AT  SAN  FRANCISCO  IN  FEBRUARY,  1839. 

[Exhibit  K  to  Deposition  of  B.  C.  Hopkins  in  the  Case.    California  Archives,  Vol.  I,  of 

Juzgados,  page  283.] 

JUSTICE    DE    HARO    TO   Gov.   ALYARADO.      No    MEANS   OP    SECURING    A 
CRIMINAL  IN  SAN  FRANCISCO. 

Juzgado  of  San  Francisco. 

From  the  scattered  condition  of  the  inhabitants  of  the  place,  from  the  fact 
that  each  one  has  his  agricultural  and  stock  interests  at  a  great  distance,  (from 
this  place)  it  results,  that  there  are  very  few  remaining  to  guard  the  criminal 
Jose  Anto.  Galindo,  and  these  cannot  spare  the  time  from  their  personal 
business.  These  facts  induce  me  to  consult  your  Excellency  in  relation  to  the 
removal  of  the  said  Galindo  to  the  Pueblo  of  San  Jose,  since  at  that  place 
there  is  a  "  pueblo  unido,"  (united  people)  possessing  the  means  of  obtaining  as- 
sistance and  other  circumstances  wanting  at  this  place,  such  as  a  jail  and  means 
of  subsistence  ;  for  these  reasons  I  think  it  advisable  to  remove  said  Galindo  to 
San  Jose.  Your  Excellency  will  be  pleased,  however,  to  resolve  in  relation  to 
the  matter,  and  determine  what  is  necessary  to  be  done  in  the  premises. 

God  and  Liberty. 

SAN  FRANCISCO,  February  27th,  1839. 

FRANCISCO  DE  HARO. 


No.   XLII. 

ALCALDE  DE  HARO  TO  GOY.  ALYARADO.  REPORT  OF  PE- 
TITION OF  FELIPE  GOMEZ  FOR  LOT  IN  DOLORES,  APRIL 
20TH,  1839. 

[Exhibit  L  to  Deposition  of  B.  C.  Hopkins.    California  Archives,  Unbound  Documents.] 

In  compliance  with  the  Superior  Decree  of  the  20th  of  March,  ulto.  of  this 
year,  which  is  found  upon  the  margin  of  the  petition  of  Felipe  Gomez  for  a 
house  lot  in  the  ex-mission  of  San  Francisco  de  Asiz,  I  have  to  say  :  That  in 
view  of  its  being  named  as  the  cabecera  of  the  Partido,  with  the  title  of  Estab- 
lishment of  Dolores,  and  that  this  circumstance  gives  it  a  character  of  Pueblo, 
and  believing  for  this  reason  that  the  inhabitants  who  petition  (for  lots)  may 
establish  themselves  in  the  same,  there  may  be  conceded  to  the  petitioner  the 
lot  for  which  he  asks,  notwithstanding  he  does  not  designate  a  fixed  place,  or  the 
number  of  varas.  In  case  your  Excellency  shall  see  proper  to  concede  the 
same,  you  will  be  pleased  to  dictate  the  necessary  measures  for  the  survey  of  the 
same,  and  the  order  to  be  observed  with  this  and  successive  petitioners. 

ESTABLISHMENT  OF  DOLORES,  April  20, 1839. 

FRANCISCO  DE  HARO. 


62  ADDENDA,  NO.  XLIII. 


No.  XLIII. 

GUERRERO,  JUSTICE  OF  THE  PEACE  OF  SAN  FRANCISCO, 
PROCLAIMS  CERTAIN  MUNICIPAL  LAWS  FOR  THE  GOV- 
ERNMENT OF  THE  PUEBLO  OF  SAN  FRANCISCO,  MAY 

26,  1839. 

[Exhibit  No.  15  to  Deposition  of  E.  C.  Hopkins,  California  Archives,  Vol.  V,  Monterey, 

page  413.] 

Francisco  Guerrero,  Justice  of  the  Peace  of  this  Section  of  San  Francisco, 
of  the  Department  of  Alta  California,  desiring  to  promote  the  order  and  good 
management  of  the  PUEBLO  under  his  charge,  in  conformity  with  Article  29th 
of  the  Sixth  Law  of  the  30th  of  November,  1836,  makes  known  : 

ART.  1st.  That  any  one  intending  to  open  a  public  store  shall  apply  to  this 
Juzgado  for  a  license,  in  order  that  he  may  know  the  Municipal  taxes,  accord- 
ing to  the  bando  heretofore  published  by  the  Most  Excellent  Deputation,  and 
the  restrictions  to  be  observed  in  his  mercantile  business,  since  without  the  said 
license  nothing  can  be  sold.  Neither  can  any  one  who  does  not  own  property 
sell  cattle,  without  acquainting  this  Juzgado  of  the  fact. 

2d.  That  no  hides  shall  be  delivered  unless  they  have  the  mark  established  by 
the  Illustrious  Ayuntamiento  ;  and  persons  making  payments  of  hides  shall  give 
a  memorandum  that  they  have  a  right  to  do  so,  and  if  they  do  not  they  cannot 
remain  in  the  Juzgardo  until  they  have  justified  themselves. 

3d.  No  transactions  shall  be  had  with  the  children  of  a  family,  nor  servants 
or  domestics,  without  the  knowledge  of  their  parents,  since  otherwise  they  will 
be  responsible  under  the  law  ;  and  the  same  rules  are  applicable  to  anything 
stolen  or  taken  without  the  knowledge  of  the  owner. 

4th.  That  all  persons  who  may  own  stock  in  this  community  must  have  their 
brands  and  marks,  which  shall  be  registered,  so  that  their  property  shall  be 
known,  which  must  not  be  without  a  mark ;  inasmuch  as  it  is  necessary,  when 
stock  belonging  to  any  one  beyond  this  section  is  placed  in  the  same;  to  make 
known  when  they  are  entered  and  when  withdrawn,  otherwise  they  cannot  be 
claimed,  nor  can  the  charges  be  made  unless  notice  is  given  as  to  their  ad- 
mission. 

5th.  No  person  who  may  have  stock  in  this  community  shall  mark  their  stock 
in  the  fields  (campo,)  nor  brand  beyond  the  time  for  branding,  without  inform- 
ing this  Juzgado,  or  the  Admr.  of  the  Establishment  of  Dolores,  the  stock  of 
the  inhabitants  (vecindario)  being  in  his  charge,  nor  sell  any  unmarked  stock 
without  proof  that  the  same  is  his  property. 

6th.  That  all  the  inhabitants  owning  stock  shall  meet  at  the  Rodees  which 
are  given,  at  the  appointed  times,  or  shall  send  some  one  in  their  place,  in  case 
they  shall  not  be  able  to  attend,  otherwise  they  shall  pay  one  dollar  to  one  who 
shall  be  appointed  ;  whereupon,  on  the  meeting  of  the  vecindario  [inhabitants,] 
persons  shall  be  appointed  to  take  charge,  who  will  be  accompanied  by  the  per- 
sons designated  for  the  punctual  discharge  of  their  duties. 

7th.  The  wood- cutters  shall  pay  fifty  cents  for  each  wagon  going  beyond  the 
demarcation  of  the  PUEBLO. 

And  in  order  that  this  may  reach  the  notice  of  all,  for  its  due  fulfillment,  it 
shall  be  posted  in  the  public  places.  Given  in  the  PUEBLO  of  San  Francisco 
on  the  26th  of  May,  1839. 

FRANCISCO  GUERRERO. 

V.  Monterey,  413. 


ADDENDA,  NOS.  XLIV,  XLV.  63 


No.  XLIV. 


GUERRERO,  JUSTICE   TO   THE   PEACE   OF  SAN  FRANCIS 
TO  PREFECT  CASTRO,  ABOUT  SOLARES  AT  THE  MISSION, 
JULY  15,  1839. 

[Exhibit  IsT  to  Deposition  of  R.  C.  Hopkins.    California  Archives,  Vol.   V,   Monterey, 

p.  408.] 

Juzgado  de  Paz  of  San  Francisco: 

The  residents  [vecinos]  of  this  municipality  have  made  various  verbal  repre- 
sentations to  me,  to  the  end,  that  through  me  they  might  receive  the  necessary 
license  to  establish  themselves  in  this  Establishment,  where  they  are  desirous  of 
uniting  themselves  to  form  a  settlement.  This  project  is  of  public  utility, 
which  will  result  beneficially  to  the  inhabitants,  and  the  Government  can  be 
better  administered  in  all  its  branches.  All  are  now  dispersed,  [todos  se  hayan 
disperses,]  and  this  condition  of  society  is  not  the  best  for  the  present  age,  in 
which  civilization  is  an  object  that  particularly  attracts  the  attention  of  the 
Departmental  Government.  I  submit  this  proposition  to  your  Senoria  [wor- 
ship,] in  order  that  on  placing  the  matter  before  his  Excellency,  the  Governor, 
he  may  be  pleased  to  provide  in  favor  of  the  inhabitants  that  make  this  repre- 
sentation through  me,  conceding  to  them  the  solares  which  they  need  in  the  said 
Establishment  on  which  to  build  their  houses,  if  the  same  should  be  within 
your  authority  ;  or  operate,  if  it  should  be  necessary,  and  his  Excellency  should 
think  it  proper,  in  concert  with  the  Most  Excellent  Departmental  Junta. 

On  saying  this  to  your  Senoria  [worship,]  I  have  the  honor  to  protest  the 
assurances  of  my  esteem  and  regard. 

God  and  Liberty. 

SAN  FRANCISCO,  July  15,  1839. 

FRANCISCO  GUERRERO. 


No.  XLY. 

GUERRERO,  JUSTICE  OF  THE  PEACE,  NOMINATES  TO  THE 
PREFECT,  JUAN  FULLER,  AS  SYNDIC  OF  SAN  FRAN- 
CISCO, JULY  20,  1839. 

[Exhibit  No.  17  to  Deposition  of  R.  C.  Hopkins,  California  Archives,  Vol.  V.  Monterey, 

page  422.] 

JUZGADO  OF  SAN  FRANCISCO.     [JUZGADO  DE  PAZ  DE  S.  F.] 

It  is  necessary  to  appoint  a  Sindico  Procurador  for  this  place  [punto,]  for 
the  better  management  of  the  Municipal  rents  ;  wherefore,  I  hope  your  Excel- 
lency, in  the  exercise  of  your  authority,  will  be  pleased  to  make  the  appoint- 
ment. 

I  would  propose  to  your  Excellency,  the  appointment  of  Don  Juan  Fuller,  as 
a  suitable  person  to  fill  said  office. 

God  and  Liberty. 

SAN  FRANCISCO,  July  20, 1839. 

FRANCISCO  GUERRERO. 

To  the  Sor  Prefect  of  the  1st  District. 


64  ADDENDA,  NO.  XLVI. 


No.  XLVI. 

ESPEDIENTE  HAD  BY  CITIZEN  CORNELIO  BERNAL,  ON  AP- 
PLICATION FOR  THE  PLACE  CALLED  LAS  SALINAS.  (177.) 
[Exhibit  No.  13  to  Deposition  of  R.  C.  Hopkins.] 

1835-1840. 
STAMP  THIRD,  Two  REALS. 

Provided  provisionally  by  the  Marine  Custom  House   of  Monterey,  for  the 
years  1839  and  1840.   Anto.  Ma.  Asio. 

Alvarado,  Marine  Custom  House  of) 
Monterey.    [Place  of  Eagle.]          J 

Jose  Cornelio  Bernal,  a  resident  of  San  Francisco,  before  your  worship 
appears  and  says  :  That  having  made  an  application  for  the  rancho  called 
Las  Salinas  to  the  late  Governor  Don  Jose  Figueroa,  and  the  said  Don 
Jose  Figueroa  having  given  me  a  document  therefore,  by  way  of  a  loan, 
I  have  resided  in  the  said  ranch  up  to  the  present  time ;  and  I  have  consulted 
with  the  visitor  and  the  superintendent  of  the  said  mission,  they  say  that  it  does 
not  need  the  said  tract  :  and  annexing  hereto  the  document  and  sketch,  as 
necessary,  I  pray  your  worship  will  be  pleased  to  grant  this  my  prayer,  a  favor 
which  I  hope  to  receive  through  the  well  known  kindness  of  your  worship.  I 
swear  as  required,  &c. 

MONTEREY,  October  3,  1839. 

At  the  request  of  the  petitioner,  I  signed. 

JORGE  ALLEN. 

[The  following  order  was  written  on  the  margin  of  the  above  petition.] 

SAN  JUAN  DE  CASTRO,  October  4,  1839. 

Let  the  Justice  of  the  Peace  of  San  Francisco  report  on  the  subject-matter 
of  this  petition,  and  next  let  it  be  transmitted  to  the  Superintendent  of  the  Es- 
tablishment of  Dolores,  in  order  to  state  what  may  occur  to  him.  In  the  ab- 
sence of  the  Prefect.  JUAN  ANZAR. 


JUSTICE  COURT  OF  SAN  FRANCISCO,  [ 
October  8,  1839.  J 

In  accordance  with  the  foregoing  order  regarding  the  application,  I  have  to 
say,  that  it  is  sometime  ago  that  citizen  Jose  Cornelio  Bernal  has  possessed, 
with  his  cattle,  the  tract  of  land  called  the  Bincon  de  las  Salinas,  and  there  are 
on  the  same  private  stock.  It  is  dependent  on  the  seasons  ;  it  is  not  compre- 
hended within  the  twenty  border  leagues,  but  in  the  littoral  ones  ;  and  the  said 
Bernal  is  recommendable  for  the  services  that  he  has  rendered  and  is  rendering 
in  this  municipality. 

F.  GUERRERO. 

SUPERINTENDENCY    OF    THE    ESTABLISHMENT    OF    DOLORES, 

October  8,  1839, 

In  conformity  with  the  preceding  order  of  4th  of  October  of  the  present 
year,  the  undersigned  states,  with  regard  to  the  application  made  by  citizen 
Jose  Cornelio  Bernal,  that  this  establishment  is  not  in  need  of  the  tract  of  land 
petitioned  by  the  said  party,  for  the  greater  number  of  cattle  belonging  to  the 
establishment  is  on  the  place  called  Los  Pilarcitos,  on  the  coast. 

Stamp  third,  two  reals. 


ADDENDA,  NO.  XLVL  65 

Provisionally  provided  by  the  Marine  Custom  House  of  Monterey,  for  the 
years  1839  and  1840. 

ALVARADO,  ANTONIO  MARIA  Asio. 

JOSE  DE  LA  C.  SANCHEZ. 

MONTEREY,  October  10,  1839. 

Upon  viewing  the  petition  wherewith  this  espediente  begins,  the  report  of 
the  Justice  of  the  Peace  of  San  Francisco,  and  that  of  the  Superintendent  of 
the  Mission  of  San  Francisco,  and  other  proceedings  which  were  had,  and  ought 
to  have  been  viewed  in  conformity  with  the  law  and  regulation,  I  do  declare 
Don  Jose  Cornelio  Bernal  owner  in  full  property  of  the  place  called  Las  Sali- 
nas, with  the  Potrero  Yiejo,  bounded  by  the  Mission  of  San  Francisco,  the 
sea,  and  the  lands  of  the  Visitacion.  And  its  extent  is  one  league,  a  little  more 
or  less,  as  explained  in  the  sketch  which  is  annexed  to  this  espediente,  to  be 
subject  to  the  conditions  which  shall  be  set  out  in  the  title. 

Don  Manuel  Jimeno  Casarin,  Chief  Member  of  the  Honorable  Junta  of  the 
Department  of  California,  in  exercise  of  the  government  of  the  same,  thus  did 
command  it,  decree  and  sign. 

MANUEL  JIMENO. 

FRANCISO  C.  ARCE,  Chief  Officer. 


OFFICE  OF  THE  SEC'Y  OF  THE  DEPART.  JUNTA  OF  CAL.  1 
MONTEREY,  May  19,  1840.  j 

Account  having  been  given  of  the  (Espediente)  to  the  Honorable  Depart- 
mental Junta,  the  same  resolved,  at  the  session  of  this  day,  that  it  should  be  re- 
ferred to  the  Committee  on  Agriculture. 

JOSE  Z.  FERNANDEZ,  Sec'y. 

On  the  22d  instant  the  Committee  returned  it  with  the  accompanying 
opinion. 

FERNANDEZ. 

MONTEREY,  January  2, 1835. 
[Place  of  a  Stamp.] 

As  from  the  foregoing  reports  it  appears  that  the  tract  of  land  petitioned  by 
Jose  Cornelio  Bernal  is  the  property  of  the  Pueblo  of  San  Francisco  De  Asis,  to 
which  it  serves  as  ejidos  for  the  cattle  of  the  community,  (es  de  la  propiedad 
del  pueblo  de  San  Francisco  de  Asis  a  quien  sirve  de  ejidos  para  los  ganados 
del  comun,)  his  application  is  not  admissible,  as  it  cannot  be  granted  in  full 
property  :  but  the  party  may  retain  his  cattle  there  in  the  same  way  as  the  other 
citizens  do,  (que  los'demas  ciudadanos,)  or  apply  for  another  place  not  appro- 
priated, in  which  case  it  will  be  granted."  Let  this  determination  be  made 
known  to  the  party,  and  the  espediente  be  filed.  Don  Jose  Figueroa,  Brigadier- 
General,  Commanding-General,  and  Governor  of  the  Territory  of  Upper  Cali- 
fornia, thus  commanded  it,  decreed,  and  signed,  which  I  attest. 

JOSE  FIGUEROA. 

AGUSTIN  Y.  ZAMARANO,  Secretary. 


It  agrees  literally  with  the  original,  from  which  I  caused  the  present  copy  to 
be.  made,  at  the  request  of  the  party,  at  Monterey,  the  3d  day  of  January,  1835. 
Citizens  Brinfario  Madacarga  and  Jose  Ma.  Castro,  of  this  place,  being  wit- 
nesses thereto,  which  I  attest. 

JOSE  FIGUEROA. 
5* 


66  ADDENDA,  NO.  XLVI. 

Excellent  Sir  : — The  Committee  on  Agriculture,  instructed  with  reporting 
upon  the  application  of  Don  Cornelio  Bernal,  upon  viewing  the  proceedings 
had  thereon,  presents  for  the  determination  of  your  Excellency  the  following 
articles : 

ART.  1st.  The  grant  made  by  the  Governor,  for  the  time  being.  Don  Manuel 
Jimeno,  of  the  tract  of  land  called  Las  Salinas  and  Potrero  Vagi,  to  the  person 
of  Don  Cornelio  Bernal,  is  approved. 

ART.  2d.  Let  this  Expediente  be  returned  to  the  Departmental  Government 
for  expedient  purposes. 

JOSE  RAFAEL  GONZALES, 
S.  ARGUELLO. 

MONTEREY,  May  20,  1840. 

MONTEREY,  May  22,  1840. 

At  the  session  this  day,  the  Honorable  Departmental  Junta  approved  the 
two  articles,  wherewith  the  foregoing  report  concluded. 

M.  JIMENO,  President. 
JOSE  Z.  FERNANDEZ,  Secretary. 

On  the  30th  of  the  same  month,  an  authenticated  copy  of  the  preceding  was 
given  to  the  party. 

Manuel  Jimeno  Casarin,  Chief  Member  of  the  Most  Honorable  Junta  of  the 
Department  of  California,  in  exercise  of  the  government  of  the  same  : 

Whereas,  Citizen  Cornelio  Bernal  has  petitioned,  for  his  personal  benefit  and 
that  of  his  family,  the  place  known  by  the  name  of  Las  Salinas,  with  the  Po- 
trero Viego,  bounded  by  the  Mission  of  San  Francisco,  the  sea,  and  the  lands 
of  La  Visitacion,  all  the  steps  and  investigations  concerning  thereto  having 
been  had  according  to  the  requirements  of  the  law  and  regulation,  exercising  the 
powers  which  were  conferred  upon  me  by  the  Mexican  nation,  I  have  granted 
to  him  the  above  mentioned  tract  of  land,  declaring  to  him  the  ownership 
thereof  by  these  presents,  to  be  subject  to  the  approval  of  the  Most  Honorable 
Dept.  Junta,  and  to  the  following  conditions  : 

1st.  He  may  enclose  it,  without  detriment  to  the  passages,  roads,  and  ease- 
ments, enjoy  it  freely  and  exclusively,  applying  it  to  such  use  or  cultivation  as 
may  best  suit  him  ;  but  within  one  year  he  shall  build  a  house,  and  the  same 
shall  be  inhabited. 

2d.  He  shall  apply  to  the  proper  officer  to  give  him  juridical  possession,  by 
virtue  of  this  title,  by  whom  the  bounds  shall  be  marked  out,  at  the  limits  of 
which  he  shall  place,  besides  the  landmarks,  some  fruit  or  useful  forest  trees. 

3d.  The  tract  of  land,  of  which  mention  is  hereby  made,  consists  of  one  sitio 
de  Granada  Mayor,  a  little  more  or  less,  as  explained  in  the  sketch  attached  to 
the  Espediente.  The  officer  who  may  give  this  possession  may  cause  the  same 
to  be  measured  according  to  ordinance,  the  surplus  thereof  to  remain  to  the  na- 
tion for  convenient  purposes. 

4th.  If  he  shall  contravene  these  conditions,  he  shall  forfeit  his  right  to  the 
lands,  and  they  shall  be  liable  to  be  denounced  by  another. 

Therefore,  I  do  command  that  this  title,  being  held  as  good  and  valid,  record 
thereof  be  made  in  the  book  to  which  it  corresponds,  and  it  be  delivered  to  the 
party  interested,  for  his  safety  and  other  purposes. 

Given  at  Monterey,  on  the  10th  day  of  October,  1839. 


ADDENDA,  NO.  XLVII.  67 


No.  XLVII. 

[EXHIBIT  Y  TO  DEPOSITION  OF  R.  0.  HOPKINS.] 
ESPEDIENTE  OF  LEESE  FOR  THE  RANCHO  LA  VISITATION. 

NOVEMBER,  1839. 

Seed  of  the  Fourth  Class.     %  Real. 

Provisionally  authorized  by  the  Maritime  Custom  House  of  Monterey  for 
the  years  1838  and  1840. 
ALVARADO.  ANTONIO  MA-  OSIO. 

Most  Excellent  Senor: 

The  citizen  Jacob  Luis  de  Leese,  with  due  respect,  and  in  due  form  of  law, 
represents  to  your  Excellency,  as  follows :  That  being  desirous  of  possessing  a 
place  suitable  for  raising  cattle  and  horses,  he  solicits  the  tract  known  as  "  La 
Canada  de  Guadalupe  and  Yisitacion,  situated  in  the  corner  (rinconadaa 
formed  by  the  hill  of  San  Bruno,  being  about  one  league  from  the  Mission  of 
San  Francisco,  in  accordance  with  the  accompanying  map,  excepting  the 
"  Rincon  de  las  Salinas,"  which  appears  upon  it ;  defining  as  boundaries,  the 
said  rincon  on  the  North,  on  the  West,  the  royal  road  as  far  as  the  "  Porte- 
suelo,"  on  the  South  the  ranches  of  Don  Francisco  Haro  and  Don  Jose 
Sanchez,  and  on  the  East  the  sea. 

Wherefore,  I  beg  that  your  Excellency  will  grant  this  my  petition,  thereby 
conferring  upon  me  a  distinguished  favor,  I  swearing  that  it  is  not  made  through 
malice,  and  whatever  is  necessary. 

MONTEREY,  Nov.  14, 1839. 

JACOB  P.  LEESE. 

To  the  Governor  of  this  Department. 

[Marginal  decree.] 

SAN  JUAN  DE  CASTRO,  Nov.  16, 1839. 

Let  the  Justice  of  the  Peace  of  San  Francisco  report  as  to  the  contents  of 
this  petition. 

Senor  Prefect: 

In  compliance  with  the  marginal  decree  of  your  worship,  I  have  the  honor  to 
report,  that  the  petitioner  possesses  the  legal  qualifications  required,  that  the 
land  that  he  solicits  may  be  granted  to  him,  by  virtue  of  his  having  formerly 
received  permission  from  the  Government  of  the  Department  to  occupy  it 
provisionally. 

SAN  FRANCISCO,  Nov.  17,  1839. 

FRANCISCO  GUERRERO. 


SAN  JUAN  DE  CASTRO,  Nov.  19, 1839. 

Let  the  above  be  transmitted  to  the  most  Excellent  Governor  of  the 
Department  in  order  that  his  Excelleucy  may  decide  upon  it,  as  he  may 
deem  fit. 

JOSE  CASTRO. 

MONTEREY,   July  31st,  1841. 

In  view  of  the  petition  which  commences  this  espediente,  the  report  of  the 
Justice  of  the  Peace  of  the  Port  of  San  Francisco  and  that  of  the  Prefect  of 


68  ADDENDA,  NOS.  XLVII,  XLVIII. 

the  First  District,  with  all  other  matters  appearing,  it  seeming  to  be  in  con- 
formity with  the  laws  and  regulations  concerning  the  matter,  I  declare  Don 
Jacob  P.  Leese  to  be  the  owner  of  that  tract  of  land  known  as  the  "  Canada 
de  Guadalupe,  la  Visitacion  and  Kodeo  Viejo,"  it  being  bounded  on  the  East 
by  the  sea,  on  the  West  by  the  royal  road  (camino  real)  and  the  Portesuelo,  on 
the  North  by  the  rancho  of  Don  Cornelio  Bernal,  and  on  the  South  by  that  of 
Don  Jose  Sanchez.  Let  the  corresponding  dispatch  issue,  and  be  copied  in  the 
proper  book  and  let  this  Expediente  be  transmitted  to  the  most  Excellent 
Junta  Departmental,  for  its  approval. 

Senor  Don  Juan  B.  Alvarado,  Constitutional  Governor  of  the  Department 
of  the  Californias,  thus  order,  decree,  and  sign,  and  which  I  attest. 

Juan  B.  Alvarado,  Constitutional  Governor  of  the  Department  of  the 
Californias. 

Whereas,  Don  Jacob  Luis  de  Leese  has  solicited,  for  his  personal  benefit  and 
that  of  his  family,  the  tract  of  laud  known  by  the  names  of  "  Canada  de 
Guadalupe,"  "  la  Visitacion,"  and  "  Rodeo  Viejo,"  bounded,  on  the  East  by 
the  sea,  on  the  West  by  the  royal  road  (camino  real)  and  Portesuelo,  on  the 
North  by  the  rancho  of  Don  Cornelio  Bernal,  and  on  the  South  by  that  of  Don 
Jose  Sanchez,  the  necessary  steps  having  been  taken  and  investigations  made, 
in  accordance  with  the  laws  and  regulations  ;  by  virtue  of  the  power  conferred 
upon  me  in  the  name  of  the  Mexican  Nation,  I  hereby  grant  to  the  petitioner 
the  aforesaid  tract  of  laud,  declaring  him  the  owner  thereof,  by  these  presents, 
subject  to  the  approval  of  the  most  Excellent  Junta  Departmental  and  to  the 
following  conditions : 

1st.  The  petitioner  may  enclose  the  land  without  prejudice  to  the  crossings, 
roads  and  public  conveniences  (servitudes),  he  may  enjoy  it  freely  and  exclu- 
sively, devoting  it  to  such  use  or  cultivation  as  he  may  see  fit,  but  within  one 
year,  he  must  build  a  house  which  shall  be  inhabited. 

2d.  He  shall  apply  to  the  proper  judge  who  will  give  him  legal  possession  in 
accordance  with  this  decree,  and  will  define  the  boundaries,  at  the  limits  of 
which,  the  petitioner,  besides  the  usual  landmarks,  shall  plant  some  fruit  trees, 
or  forest  trees  of  some  utility. 

3d.  The  said  laud  is  two  square  leagues,  more  or  less,  according  to  the  map 
which  accompanies  the  espediente.  The  judge  who  gives  possession,  shall  have 
the  land  surveyed,  in  conformity  with  the  ordinance,  and  the  surplus  shall 
belong  to  the  nation  for  such  purposes  as  may  be  convenient. 

4th.  If  the  petitioner  violates  these  conditions,  he  shall  forfeit  his  title  to  the 
land,  and  be  liable  to  prosecution. 

Wherefore,  I  order  that  this  title  be  considered  firm  and  valid,  a  copy  of  it 
shall  be  made  in  the  proper  book,  and  it  shall  then  be  delivered  to  the  party 
interested,  for  his  protection  and  other  purposes. 

Given  in  Monterey,  July  31st,  1841. 


No.  XLVIII. 

CASTRO,  PREFECT,  TO  THE  GOVERNOR,  CONCERNING  LOTS 
AT  THE  MISSION,  NOV.  25,  1839. 

[Exhibit   O  to  deposition  of  R.  C.  Hopkins,  California  Archives,  Vol.  Ill,  Prefectures  y 

Juzgados,  Benicia,  p.  28.] 
Most  Excellent  Sir: 

The  residents  of  the  Municipality  of  San  Francisco,  have  made  various  verbal 
representations  through  the  Justice  of  the  Peace,  to  the  end  that  through  this 


ADDENDA,  NOS.  XLVIII,  XLIX.  69 

Prefectura,  they  may  receive  the  necessary  license  to  establish  themselves  in  the 
Establishment  of  Dolores,  where  they  desire  to  form  a  settlement.  This  project 
is  of  public  utility,  which  will  result  in  a  benefit  to  the  inhabitants,  and  the 
government  can  be  administered  in  all  its  branches  with  better  results.  All 
are  now  dispersed,  and  this  condition  of  society  is  not  the  most  desirable  for 
the  present  age,  in  which  civilization  is  one  of  the  objects  which  particularly 
attracts  the  attention  of  the  Departmental  Government.  1  submit  this  propo- 
sition to  your  Excellency,  praying  you  to  make  provisions  for  the  inhabitants 
whom  I  represent,  conceding  to  them  the  solares  which  they  need  in  the  said 
Establishment  on  which  to  build  their  houses. 

In  saying  this  to  your  Excellency,  I  have  the  honor  to  protest  the  assurances 
of  my  esteem  and  regard. 

God  and  Liberty ! 

PUEBLO  OF  SAN  JUAN  DE  CASTRO,  November  25, 1839. 

JOSE  CASTRO. 

[Marginal  order  of  Governor  on  foregoing  representation  of  Prefect.] 

NOVEMBER  3d,  1839; 

1st.  That  the  Justice  of  the  Peace  of  San  Francisco  may  concede  solares 
for  house  lots  in  the  Establishment  of  Dolores,  of  the  extent  of  50  varas  or 
less  according  to  the  means  of  the  petitioners. 

2d.  That  the  inhabitants  may  place  their  stock  on  the  lands  surrounding  said 
Establishment  and  may  maintain  them  there  in  community  as  settlers,  (pobla- 
dores)  leaving  free  the  lands  of  San  Mateo,  and  the  coast,  the  first  place,  that 
Indians  may  establish  themselves  there  at  the  proper  time,  and  the  second  place 
because  the  little  stock  that  remains  subsists  there. 

3d.  That  they  shall  not  embarrass  in  any  respect  the  functions  of  the  adminis- 
trator nor  disturb  the  Indians  so  long  as  the  community  exists. 


No.   XLIX. 

CERTIFICATE  AND  GRANT  OF  50  YARAS  AT  THE  CANUTAL 
BY  GUERRERO,  JUSTICE  OF  THE  PEACE. 

FRANCISCO  GUERRERO,  j 
TO  V 

JOHN   YlOGET.  ) 

[Exhibit  XX  in  the  Case.] 

SAN  FRANCISCO,  January  16,  1840. 

There  is  no  stamped  paper. 

The  Departmental  Government  having  expedited  an  order  to  my  court  on  the 
1st  day  of  the  month  of  November,  of  the  last  year,  in  order  that  a  lot  of  one 
hundred  varas  square  should  be  granted  in  Yerba  Buena  in  accordance  with 
the  plan,  and  by  virtue  of  having  granted  and  given  possession  of  fifty  varas 
wide  and  one  hundred  varas  long  to  the  citizen  Juan  Vioget,  the  number  of 
varas  that  he  lacks  are  in  the  place  called  the  Canutal,  to  the  west  of  the  road 
to  the  Mission  of  San  Francisco,  being  vacant  land. 

Wherefore  I,  Francisco  Guerrero,  Justice  of  the  Peace  of  the  Jurisdiction  of 
San  Francisco,  by  virtue  of  the  power  vested  in  me,  do  hereby  give  him  the 
present,  which  will  serve  him  as  a  lawful  document  under  the  same  terms  ex- 
pressed in  the  articles  comprised  in  the  title  expedited  to  said  Yioget  on  the 
15th  day  of  the  present  month,  of  the  same  year.  For  which  I  give  faith. 
Dated  as  above.  FRANCISCO  GUERRERO. 


70  ADDENDA,  NO.  L. 


No.  L. 

DOCUMENT  D,  P,  L  IN  THE  CASE. 
[California  Archives,  Legislative  Records,  Vol.  Ill,  page  338.] 

EXTKACTS  FROM  THE  MESSAGE  OF  THE  GOVERNOR,  FEB. 
16-TH,  1840,  RESPECTING  THE  PROPIOS  AND  EJIDOS  OF 
THE  PUEBLOS. 

At  the  port  of  Monterey  on  the  16th  day  of  the  month  of  February  in  the 
j~ear  1840,  having  Messrs.  Manuel  Jiraeno  Cassarin,  Jose  Castro,  Santiago 
Arguello,  and  Rafael  Gonzales,  met  in  the  Government  Hall  by  summons  of  the 
Most  Excellent  Governor  for  the  purpose  of  duly  taking  their  oath  as  members 
of  the  Departmental  Board,  the  same  was  solemnly  done ;  and  H.  E.  the 
Governor  declared  the  Corporation  to  have  been  legally  installed,  whom  H.  E. 
subsequently  informed  that  Messrs.  Anastacio  Carillo  and  Manuel  Requena, 
had  reported  sickness  as  the  cause  of  their  not  appearing  to  fulfil  their  duty, 
and  that  only  from  the  member  Mr.  Pio  Pico  no  answer  had  been  received  at 
all,  and  that  the  Board  should  qualify  their  procedure. 

After  which  H.  E.  brought  into  the  knowledge  of  the  Board  through  a 
statement  of  the  actual  condition  of  the  Public  Administration  of  the  Depart- 
ment as  follows  : 

-*#•*##  #  #  # 

COMMONS  (EJIDOS). 

None  of  the  said  towns,  with  the  exception  of  Monterey,  has  its  common 
and  landed  property  (senalados  los  ejidos  y  terrenos  de  propios)  marked  out, 
which  to  each  of  the  Municipality  should  be  fixed,  in  order  to  know  its  legal 
property  (fundo  legal),  for  which  reason  the  Government  on  making  concession 
of  land  in  the  vicinity  thereof,  granted  the  same  temporally,  waiting  for  such  a 
regulation  ;  and  regarding  the  same  subject  proper  reports  have  been  repeatedly 
asked.  Your  H.  Junta,  however,  in  view  of  all  this — exercising  the  power 
conferred  upon  you  in  part  1st  of  the  article  45  of  the  above  mentioned  law, 
and  in  concert  with  the  Government  will  arrange  what  may  be  deemed  proper. 

JUSTICES    OF    PEACE    [PAZJ. 

There  was  a  division  of  the  Department  into  districts  and  counties,  the 
jurisdiction  of  Prefect  was  established  respectively  at  the  principal  towns  over 
both  the  former  and  the  latter  ;  and  under  the  circumstances  that  Your  Hon'ble 
Junta  was  not  established,  and  the  Ayuntamientos  having  to  take  some  courses, 
the  Government  appointed  for  the  time  being  a  number  of  Justices  of  Peace 
to  substitute  that  of  the  "  Alcaldes  "  then  established  ;  hoping  that  your  H. 
Junta  by  power  conferred  by  the  said  Law  will  determine  such  numbers  as 
there  ought  to  be,  for  which  purpose  the  necessary  reports  have  been  received 
from  the  Prefect. 

AYUNTAMIENTOS. 

There  is  no  Ayuntamiento  whatever  in  the  Department,  for  there  being  no 
competent  number  of  inhabitants  in  any  of  the  towns  (pueblos)  as  provided  by 
the  Constitution,  those  then  existing  had  to  be  dissolved  ;  and  only  in  the  Capital 
there  ought  to  be  one  of  such  bodies.  So  Your  Hon'ble  Junta  exercising  the 
powers  of  the  law  will  propose  it,  and  let  the  Supreme  Government  approve  a 
place  where  the  same  should  be  established.  Nothing  can  the  Government  say 
with  regard  to  the  third  district,  which  embraces  the  greatest  portion  of  the 
lower  California,  for  owing  to  the  want  of  couriers  undoubtedly  from  the  great 
distance  where  the  principal  town  lies,  the  correspondence  of  this  Government 
with  the  Prefect  Dn  Luis  del  Castillo  Negrete,  was  obstructed  ;  but  the  Govern- 


ADDENDA,  NO.  L.  71 

raent  is  making  arrangements  to  have  a  courier  to  run  to  that  place ;  and 

leading  reports  will  be  received  in  time. 

##  •**•*#•**• 

ADMINISTRATION    OF    JUSTICE. 

The  Justices  of  the  Peace  having  been  appointed  in  the  towns  of  the 
Departm4,  those  of  the  principal  towns  of  the  District  began  to  exercise  the 
judicial  functions  in  First  Instance.  It  has  been  of  much  pain  to  the  Depart- 
ment1 Governmt.  to  see  the  irregularity  and  faults,  with  which  the  same  are 
managed,  both  from  there  being  no  able  persons  therein  to  direct  them,  and 
from  the  great  distance,  where  the  Supreme  Court  of  Justice  lies,  which  pre- 
vents displaying  that  desired  activity  and  justice.  The  want  of  a  Superior 
Court,  which  should  have  been  established,  has  occasioned  delay  in  the  decision 
of  criminal  cases ;  prisoners  of  every  class  for  this  reason  not  only  cannot  be 
tried  in  (Court  of)  Third  Instance,  but  that  being  long  imprisoned  they  attract 
the  .mercy  of  the  judges  through  the  sufferings  endured  before  they  were 
adjudged  ;  and  this  is  a  new  evil,  which  a  fair  administration  suffers.  In  the  midst 
of  such  difficulties  the  Government  did  not,  however  cease  to  co-operate  in  the 
punishment  of  crimes  for  the  sake  of  public  vengeance  ;  but  that  only  in 
matters  of  little  importance,  the  judicial  branch  being  exclusively  the  concern 
of  the  proper  court ;  and  for  which  reason  multitude  of  cases  is  lying  paralyzed, 
which,  being  impossible  to  be  transmitted  to  the  Capital  of  the  Republic  for 
want  of  couriers,  have  to  undergo  an  incalculable  delay.  The  act  of  the  15th 
of  July  of  1839,  confers  upon  Y.  H.  Junta  power  to  appoint  judges  and  [an] 
attorney  general,  who  should  exercise  the  judicial  functions  in  the  interior,  and 
I  do  not  doubt  that  upon  a  good  election  of  such  a  body  depends  the  organiza- 
tion of  a  court  which  in  exercise  of  the  power  annexed  thereto  may  in  a  short 
time  contribute  to  a  good  so  long  desired — that  is  a  fair  and  complete  adminis- 
tration of  justice,  which  up  to  the  present  time  is  needed  in  this  Departm*. 

MUNICIPAL   FUNDS   AND    REVENUE     (PROPIOS   Y   ARBITRIOS). 

Proper  reports  have  been  required  of  the  Prefect  in  order  to  ascertain  the 
actual  state  of  said  funds — specifying  the  several  purposes  for  which  the  same 
are  laid  out  so  as  to  bring  the  whole  to  the  knowledge  of  your  H.  Junta,  in 
order  that  the  Junta  may  please  to  give  your  advice  to  the  consultation,  that 
upon  the  subject  the  Government  may  direct  for  the  purpose  of  organizing 
such  a  branch  ;  that  up  to  the  present  time  there  has  been  no  fixed  rules  to 
establish  an  inspection  and  economy  capable  of  doing  in  fact  any  good,  for 
which  they  are  intended.  I  have  stated  above  how  necessary  it  was  to  have  a 
regulation  of  the  common  lands  of  the  towns  and  cities  ;  and  from  hence  a 
new  resource  will  arise  for  the  benefit  of  the  funds  if  it  is  considered  that  the 
lands  which  may  hereafter  be  assigned  as  legal  property  [senalados  para  el 
fundo  legal]  (of  towns  and  cities)  [de  los  pueblos]  is  a  foundation,  which 
periodically  as  it  may  be  established,  should  produce  a  municipal  ground 
rent,  whether  required  of  the  holders  thereof  annually  or  by  establishing 
productive  landed  property.  This  resource,  I  do  not  doubt,  will  in  part  con- 
tribute to  aid  the  necessities  existing  in  the  towns  (pueblos,)  where  for  want  of 
means  they  cannot  sometimes  support  the  prisoners  in  jail ;  and  much  less  build 
proper  municipal  buildings,  nor  attend  to  other  works  of  public  benefit,  con- 
venience or  ornament.  And  I  entertain  no  doubt  that  Y.  H.  Junta,  with  your 
lights  will  co-operate  to  this  object,  in  the  persuasion  that  the  Government  will 
use  all  the  means  of  resort  for  the  purpose  of  increasing  the  funds  in  question. 

I  have  made  a  statement,  although  substantial,  of  the  actual  estate  of  the  prin- 
cipal branches  of  the  public  administration,  and  will  now  omit  being  extensive  with 
other  details ;  as  every  particular  individual,  of  those  composing  this  respective 
body,  is  aware  of  the  palpable  necessities.  A  new  epoch  of  happiness  has 
sprung  to  the  inhabitants  of  the  Department ;  and  Y.  H.  J.  with  the  legislative 


72  ADDENDA,  NOS.  L,  LI. 

character  and  amidst  this  stormy  weather  of  difficulties  will  be  able  to  steer  the 
vessel  to  a  safe  port ;  the  Supreme  Government  is  constantly  recommending 
these  sacred  duties,  and  affording  all  protection  dependent  upon  its  power  ;  and 
I  as  the  near  agent  of  the  same  will  not  spare  any  means  whatever  that  is  in 
my  power  to  co-operate  to  so  esteemable  an  object.  So  be  Y.  H.  J.  the  first 
body  to  scatter  the  most  abundant  benefits  over  the  country,  which  you 
represent,  and  receive  as  fruit  of  your  tasks  an  eternal  gratitude  of  its  dearest 
sons. 

I  congratulate  Y.  H.  Junta  for  this  installation,  wishing  earnestly  that  your 
acts  may  produce  the  desired  good  results. 

Which  being  concluded,  His  Excellency  directed  that  the  minutes  should  be 
drawn  by  the  Government  Secretary,  there  being  no  Secretary  to  the  Junta, 
wherewith  the  Junta  adjourned  (sine  die)  H.  E.  the  Governor  and  the  four 
members  first  above  mentioned  subscribed  their  names  hereto. 

MANL  JIMENO. 

S.   ARGUELLO. 


No.   LI. 

LIST   OF    FOREIGNERS    IN    SAN  FRANCISCO,  MAY  20,  1840. 

[Exhibit  No.  10  to  deposition  of  R.  C.  Hopkins;  California  Archives,  Vol.  I  of  Juzgados, 

page  305.] 

List  of  the  foreigners  established  in  sixth  section  of  San  Francisco  de  Asis, 
who  have  presented  their  letters  of  security,  as  required  by  his  Excellency  the 
Governor  of  the  Department  on  the  2d  of  the  present  of  1840  : 

Don  Jacob  P.  Leese,  39  years  of  age,  married  with  a  Mexican,  a  native  of 
the  United  States  of  America,  merchant,  resident  of  the  Department  since  the 
9th  of  July,  1834,  he  came  by  land,  presented  his  letters  of  naturalization 
dated  Sept.  20th,  1863,  by  Don  Nicolas  Gutierrez,  and  letters  of  security  by 
Gov.  Figueroa,  dated  July  9th,  1834. 

Don  Juan  C.  Fuller,  43  years  of  age,  married  with  a  Mexican  woman,  a 
native  of  London,  a  seaman  by  profession,  came  to  the  country  in  the  year 
1827,  he  has  a  document  certifying  his  matriculation  given  by  the  Senor 
Alcalde  Don  Manuel  Jimeno  in  the  year  1834,  and  his  baptism  in  the  Roman 
Catholic  church,  in  San  Bias,  by  Father  Jose  Antonio  Espinosa. 

Don  Juan  Calvert  Davis,  31  years  of  age,  bachelor,  native  of  England,  a 
carpenter  by  trade,  came  to  the  country  by  sea  in  the  year  1834,  and  remained 
in  this  jurisdiction  till  the  14th  of  September,  1839,  as  appears  by  a  certificate 
of  the  Captain  Don  Jose  Francisco  Snook,  has  letters  of  naturalization  dated 
the  24  of  September  of  the  last  year  given  by  his  Excellency  the  Governor 
Don  Manuel  Jimeno,  and  a  passport  given  by  the  Senor  Prefect. 

Don  Gregorio  Escalante.  30  years  of  age,  bachelor,  native  of  Manilla,  a 
mariner  by  profession,  engaged  in  mercantile  pursuits,  came  to  the  country  in 
1833  by  sea,  he  has  no  document  whatever,  says  he  was  admitted  by  the 
Comandante  Don  Man.  G.  Yallejo,  and  that  he  has  been  a  dependent  of  the 
late  Pedro  del  Castillo,  and  that  he  has  petitioned  for  letters  of  naturalization. 

Don  Nathan  Spear,  38  years  of  age,  married  in  the  Islands,  native  of  the 
United  States,  engaged  in  mercantile  pursuits,  came  to  the  country  in  1832  by 
sea,  has  a  letter  of  security  given  by  his  Excellency  the  President  in  1836,  for 
one  year,  to  reside  in  and  travel  through  the  republic. 

Don  Guillermo  H.  Davis,  18  years  of  age,  bachelor,  a  native  of  Oahu, 
merchant  and  clerk  of  Senor  Spear,  came  by  sea  to  -the  country  in  the  year 
1838  (23d  of  June),  has  no  documents  save  a  pass  from  his  consul. 


ADDENDA,  NO.  LI.  73 

Don  Daniel  Sill,  41  years  of  age,  a  native  of  the  United  States  of  America, 
carpenter,  came  to  the  country  by  land  on  the  12th  of  February,  1835,  has  a 
passport  given  him  by  the  late  Gov.  Figueroa  and  by  the  Senor  Prefect  on  the 
4th  of  April,  1840. 

Don  Juan  Frink,  30  years  of  age,  bachelor,  a  native  of  England,  has  been 
in  the  country  since  1839,  came  by  sea,  has  a  certificate  of  Senor  Wilson  that 
he  bears  a  good  character,  and  a  letter  of  security  given  by  the  Prefect  on  the 
4th  of  April,  1840. 

Henry  Kirby,  31  years  of  age,  bachelor,  native  of  England,  has  been  in  the 
country  since  4th  of  December,  1839,  came  by  sea  with  Hinckley. 

Jose  Antonio  Nief,  26  years  of  age,  bachelor,  native  of  Germany,  sailor, 
was  taken  prisoner  by  Don  Juan  Cooper  on  the  1st  of  November,  1839  and 
liberated  by  General  Yallejo,  and  is  at  present  a  servant  of  Leese. 

Juan  Benson,  19  years  of  age,  bachelor,  American,  sailor,  came  to  this 
country,  (this  jurisdiction)  on  the  27th  of  February  of  this  year,  deserter  from 
schooner  Morse,  and  is  retained  until  the  arrival  of  the  Quixote,  when  he  will  be 
given  up,  as  directed  by  Capt.  Paly. 

Louis  Melurem,  42  years  of  age,  a  native  of  France,  sailor,  servant,  came  to 
the  country  in  1833,  has  no  documents,  save  a  certificate  of  the  Alcalde  David 
Spencer,  Dan  Manuel  Jimeno  and  Don  Jose  R.  Estrada. 

Juan  Yioget,  41  years  of  age,  a  native  of  Switzerland,  merchant,  came  to  the 
country  in  the  month  of  October,  1839,  was  on  the  coast  two  years  as  Captain 
of  the  schooner  Delmira,  and  has  petitioned  for  his  letters  of  naturalization,  he 
obtained  from  the  Government  a  solar  in  Yerba  Buena,  and  has  no  document. 

Don  Juan  Bausford  alias  Solis,  36  years  of  age,  a  native  of  Ireland,  a  sawyer 
by  trade,  came  to  the  country  by  sea  in  1829,  has  letters  of  naturalization  in 
the  Sixth  House  of  Kinlock,  presented  a  certificate  of  Senor  Jimeuo  given  at 
the  time  he  was  Alcalde,  of  his  being  a  seaman  of  the  third  class,  and  by  Don 
J.  B.  Cooper. 

Cornelio  Adam  Johnson,  63  years  of  age,  a  native  of  Germany,  married  in 
that  country,  a  servant  of  Leese,  came  to  the  country  in  1826,  came  as  a  soldier 
from  Mexico,  has  a  certificate  of  the  Sergeant  Jose  Maria  Medrano,  a  function- 
ary of  the  Military  Corndte.  of  Monterey,  and  given  on  the  31st  of  July,  1811. 

Yictor  Prudou,  31  years  of  age,  bachelor,  a  native  of  France,  a  teacher  by 
profession,  engaged  in  mercantile  pursuits,  resident  of  the  capital  of  Mexico 
from  the  year  1827  to  the  year  1834,  when  he  came  to  the  Department  with 
the  colony  (of  Higar)  by  order  of  the  Supreme  Government  as  a  teacher,  as 
is  shown  by  a  document  which  he  exhibited,  and  a  letter  of  security  dated  in 
the  year  1828. 

SAN  FEANCISCO,  May  20, 1840. 

FRANCISCO  GUERRERO. 

Note.  The  name  of  Don  Guillermo  Richardson  is  not  entered  here,  he  having 
for  some  time  been  at  Saucilito  on  the  other  side  of  the  bay.  The  same  remark 
is  made  in  relation  to  the  foreigners  who  are  in  the  Sierra,  in  the  neighborhood 
of  the  arroyo  of  San  Francisquito,  they  pertaining  to  the  Pueblo  of  Alvarado. 

The  name  which  is  entered  here  as  Jose  Antonio  Nief,  is  understood  as 
applying  to  Henriques  Richer,  since  he  is  known  by  both  names. 


74  ADDENDA,  NOS.  LII,  LIII. 


No.  LII. 

CASTRO,  PREFECT,  TO  SECRETARY  OF  STATE  ABOUT  LOTS 
AT  THE  MISSION  OF  DOLORES,  APRIL  6,  1841. 

[Exhibit  P  to  deposition  of  R.  C.  Hopkins  ;  California  Archives,  Vol.  IV,  Prefecturas  y 

Juzgados,  page  230.] 

Prefectura  of  the  First  District  : 

The  Justice  of  the  Peace  of  San  Francisco  in  an  official  communication  of 
the  22d  of  March  last,  said  to  me  as  follows  : 

"  When  the  Senor  Prefect  Don  Jose  Castro,  came  up  to  these  points  of  the 
North,  an  order  of  the  Departmental  Government  was  published  conceding  to 
this  vecindario  (inhabitants)  solares  in  the  Establishment  of  Dolores,  on  account 
of  many  representations  made  to  the  said  Government  by  said  inhabitants 
(vecindario),  and  as  after  it  was  published,  it  remained  to  forward  a  copy  of 
said  order,  which  perhaps  on  account  of  the  pressing  business  of  your  Senoria 
has  been  forgotten.  I  pray  that  you  be  pleased  to  order  a  copy  of  the  same  to 
be  forwarded  to  me  as  a  guide,  since  already  several  lots  have  been  granted." 

Which  I  have  the  honor  to  transmit  to  your  Senoria,  stating  that  there  does 
not  exist  in  the  archives  of  this  Prefectura,  the  order  referred  to  by  the 
Justice  of  the  Peace  of  San  Francisco,  and  praying  that  a  duplicate  of  the 
same  may  be  furnished  from  the  office  under  your  charge. 

I  reiterate  the  assurances  of  my  respect. 

God  and  Liberty ! 

SAN  JUAN  DE  CASTRO,  April  6th,  1841. 


No.  LIII. 

MIRAMONTES,  JUSTICE  OF  THE  PEACE  AT  THE  MISSION  OF 
DOLORES,  ASKS  TO  BE  RELEASED  FROM  HIS  OFFICE. 

[Exhibit  Q,  to  deposition  of  R.  C.  Hopkins.] 
Vincente  Miramontes  to  Prefect  of  First  District. 

AUGUST  18TH,  1841. 
lo  the  Prefect  of  the  First  District: 

Vicente  Miramontes,  Justice  of  the  Peace,  suplente,  in  the  Pueblo  of  Dolores, 
Jurisdiction  of  the  Port  of  San  Francisco,  before  your  Senoria,  with  all  due 
respect  represents  :  That  in  the  year  1839,  he  was  appointed  to  said  office,  and 
in  consideration  of  his  having  fulfilled  the  term  of  his  appointment,  he  prays 
your  Honor  through  this  petition  to  have  the  goodness  to  grant  him  his  dis- 
charge, since  the  holding  of  this  office  for  the  last  two  years  has  been  of  much 
detriment  to  himself  and  family.  He  also  represents  to  your  Honor,  that  it  is 
impossible  for  him  properly  to  discharge  the  duties  of  said  office  for  tjie  want 
of  the  necessary  intelligence  for  the  same,  and  when  it  has  happened  that  in  the 
absence  of  Francisco  Guerrero,  he  has  been  compelled  to  exercise  his  functions, 
he  has  been  much  embarrassed,  and  as  there  is  no  secretary  in  the  Juzgado,  who 
might  assist  him  in  difficult  points,  he  has  been  compelled  to  employ  one  and 
pay  him  out  of  his  pocket. 

Wherefore  he  prays  your  Honor  to  be  pleased  to  accede  to  his  petition,  etc. 

Pueblo  of  Dolores,  August  19th,  1841. 

YINCENTE  MIRAMONTES. 


ADDENDA,  NO.  LIV.  75 


No.  LIV. 

ACCOUNTS  OF  FULLER,  SYNDIC  OF  SAN  FRANCISCO,  FROM 

1839   TO  1842: 

ACCOUNT   MADE   OUT   BY  DON  JUAN   FULLER,  AS   SINDICO  OF   THE  MUNICI- 
PALITY OF  SAN  FRANCISCO. 

Amounts  Received.      To  Wit: 

1839. 

$  rls. 

Aug.        Don  David  Cooper,  paid  for  two  bbls.  Agn'te, 600 

For  License  for  1  month,  according  to  decree 4  00 

Don  Francisco  De  Haro,  for  1  bbl  country  wine, 3  00 

Don  Josefa  Sal                              "                     3  00 

Don  Nathan  Spear,                        "                      3  00 

Don  Yincente  Miramontes,            "                     3  00 

Don  Nathan  Spear,  paid  piso  and  license, 2  4 

Don  Guillermo  Richardson,  for  the  solar  of  Don  Antonio 

Ortega,  owing  to  my  predecessor, 10  00 

Sept.        Guill0.  Smith,  for  cigaros, 3  00 

Jesus  Noe,  for  barrel  mescal, 3  00 

Juana  Ruines,  back  dues, 1  4 

Nathan  Spear,  for  license, 1  00 

Oct.         Nathan  Spear,  for  license  and  goods, 2  00 

Nov.        Juan  Matarin,  for  sales, 2  00 

Juan  Yioget,  for  solar  of  100  yards  in   length   by   50  in 

breadth,  according, 12  00 

Juan  Davis,  for  solar  of  100  yards  square, 25  00 

Gregario  Escalante,  for  liquors  and  license, 15  00 

Dec.         Victor  Prudon,  for  one  barrel, " 3  00 

License  for  one  month,  paid  in  goods, 1  00 

Juan  Fuller,  for  2  barrels  country  wine, 6  00 

1840. 

Jan'y.      Juanita  Malarin,  for  1  barrel, 3  00 

for  1  month   license, 4 

Juanita  Malarin,  license  1  month,  Senor  Gegino, 1  00 

"                sale  of  4  gallons, 6 

Jose  de  la  Cruz  Sanchez,  1  barrel, 3  00 

Feb'y.      Victor  Prudon,  fined  10,  by  order  of  Judge,  for  permitting 

gambling  in  his  house, 16  00 

March.     Nathan  Spear,  for  license  and  1  barrel  of  Aguardiente,  last 

month, 4    4 

Nathan  Spear,  10  beaver  skins  and  3  of  otter,  at  4  — , 6  00 

Tiburcio  Vasquez,  for  1  barrel, 3  00 

April.      Juan  Davis,  for  do  and  1  month's  license, 3    4 

Gregerio  Escalente,  license, 4 

May.        Nathan  Spear,  barrel  aguardiente  and  license, 3  4 

Juana  Briones,  1  barrel  and  month's  license, 3  4 

Juan  Anto.  Vallejo,  paid  for  1  solar  of  50  yds., 12  00 

June.       Manuel,  portugues, 3  4 

License, 4 

July.        Nathan  Spear,  liquors  and  license, 7  00 

Aug.        J.  P.  Leese,  for  registry  of  brand  and  mark, 1  4 

Don  Ml.  Miramontes, 1  4 


76  ADDENDA,  NO.  LIV. 

$  rls. 

Aug.        J.  P.  Leese,  barrel  country  wine, 3  00 

Gegino  Escalante,  solar  of  50  vs., 12     4 

Sept.        Nathan  Spear,  license  for  store, 1  00 

David  Cooper,  2  barrels  aguardiente, 6  00 

Oct.                   "              license,  2  mos., 100 

Do.  of  Don  Nathan,  1  month, 100 

Do.  of  Juanito,          "             4 

Nov.        Nathan  Spear,  license, 100 

Don   Juanito, 4 

Dec.         Nathan   Spear,  license, 1  00 

Geraldo  Bijorquez,  1  barrel. 3  00 

Juan  Finich,  or  Davis,  for  license  3  months  and  3  barrels 

aguardiente, 10    4 

David  Cooper,  1  barrel 3  00 

License, 4 

Gregiuo  Escalente,  1  barrel  and  license, 3    4 

1841. 

Jan'y.      Jesus  Noe,  for  2  barrels  muscat, 6  00 

Tiburcio  Vasquez,  1  barrel, 3  00 

Feb'y.      For  2  month's  license,  Nathan  Spear, 2  00 

Juan  Davis,  do., 4 

Escalente,  do., 4 

March.     License,  Nathan  Spear. 1  00 

Davis  and  Escalente,  at  4  rls., 1  00 

J.  P.  Leese, 1  00 

Oct.          From  the  1st  of  March  to  the  10th  of  Oct.  paid  for  Munici- 

5al  duties  on  Aguardiente  and  other  liquors  by 

uan  Yioget, 44     7 

Don  Nathan,  paid  up  to  23d  of  June,  from  1st  of  April,  for 

license, 300 

For  1  barrel  of  aguardiente, 300 

Juan  Yioget,  paid  for  license,  1  barrel  aguardiente,  Novem- 
ber and  December, 8  00 

Collected  by  Judge,  in  absence  of  Sindico  Juan  Fuller — 

Nathan  Spear,  paid  for  license  of  store, 500 

Capt.  Hiuckley  and  Spear,  for  5  barrels  of  aguardiente,  sold 
to  individuals  in  this  place  and  to  others,  as  appears 
by  account  rendered  on  last  of  December,  1841,. .  15  00 
Juan  Davis,  for  license  5  months  and  2  barrels  of  aguar- 
diente,    8     4 

Gregorio  Escalante,  paid  for  1  barrel, 3  00 

Dec.         Mr.  Fil,  for  license  5  months 5  00 

Mr.  Eae,  for  license  4  months, 6  00 

Jesus  Noe,  2  barrels  muscat, 300 

Nathan  Spear,  for  1  solar,  petitioned  for  by  Perry, 12     4 

Ten  dollars  paid  by  Hinckley  on  goods,  under  law  of  1834,  10  00 
Mr.  Eae  paid  on  1st  of  January  on  92  packages  of  goods, 
and  one  real  for  three  dollars  given  to  Francisco 

Sanchez, ". 11     4 


Sum  total, $379     1 

SAN  FRANCISCO,  January  10th,  1842. 

Correct.  JUAN  FULLER 


ADDENDA,  NO.  LIV.  77 

Paid  from  Municipal  Fund. 

$  ris. 

Expenses  of  opening  road, 9  00 

November  2cl,  1839,  for  1  ream  of  paper  for  Juzgado, 8  00 

For  ink,  $2  ;  for  wax,  &c.,  $2, 4  00 

January  15th,  1840,  paid  Francisco  Sanchez,  by  order  of  Alcalde,. .  25  00 
January  15, 1840,  paid  to  Don  Juan  Davis  twenty-six  dollars,  for  1 

sopero  and  masita  for  the  archives. 26  00 

For  expenses  stationery  and  clerk  for  Siudicaturo, 6  00 

In  February,  1840,  by  order  of  Alcalde,  Don  Francisco  Sanchez, 10  00 

For  1  ream"  of  paper,  re-cut  for  letters  on  20th  February,  1840, 7  00 

On  the  15th  of  March,  1840,  returned  to  Don  Jose  tie  la  Cruz  San- 
chez, 15,  he  having  paid  $18  forgone  barrel  of  aguardiente,  15  00 

On  same  day  returned  to  Jacinto  Malarin, 15  00 

On  the  18th  of  April,  paid  to  the  Juan  Neophyte  thirteen  dollars  for 
two  saddles,  which  were  lost  when  the  foreigners  were  taken 

prisoners, 13  00 

Paid  to  the  same,  by  order  of  Alcalde,  seven  dollars,  for  a  horse  which 

was  lost, 7  00 

For  one   bullock,  killed  for  the  use  of  the  prisoners  by   order  of  the 

Judge, 800 

On  the  9th  May,  1850,  returned  to  Juan  Yioget  $12  4,  he  having 
paid  twenty-five  for  a  solar  of  100  vs.,  which  was  only  50 

vs.  wide  and  100  vs.  long, 12     4 

On  the  10th  of  May,  by  order  of  the  Judge,  to   Victor  Prudon,  for 

services  in  Juzgado, 14  00 

For  the  two  pair  of  fetters  used  on  prisoners, 8  00 

For  sundry  articles  furnished  to  prisoners, 5  00 

On  5th  of  November  paid  to  Soleto  for  carrying  express, 600 

Nov.  18,  for  ink,  &c..  for  Juzgado, 4  00 

Aug.  29,  by  order  of  Francisco  Sanchez, 10  00 

For  candles  for  prisoners, 200 

September,  paid  on  order  for  table  cover  for  Juzgado. 800 

September  18,  paid  for  inkstand  and  two  candlesticks  for  Juzgado,. .  3  00 
For  payment  made  to   Catalina  for  two  gross  of  large  wax  candles 
(gruesas  de  todies)  and  for  the  solemnization  of  the  16th  of 

September,  according  to  order  of  the  year  1839, 30  00 

Paid  for  gunpowder  and  licenses  for  the  solemnization  of  the  16th  of 

the  present  month,  according  to  order  of  to-day,  24,  1840,. .  26  00 

For  one  ream  of  paper  and  wax  for  Juzgado, 9  00 

Paid  to  persons  who  Mrent  in  search  of  the  carpenter  of  the  Leonidas 

and  brought  him  to  Juan  Maturin, 

March,  1.840,  the  Diezmo,  as  a  reward  to  the  sailors  who  carried  the 

express  for  the  Senor  General, 800 

On  the  3d  of  the  present  month  paid  for  a  candado  for  use  of  the  jail,  2  00 

Sept.  29,  to  Daniel  Sill,  for  two  chains  with  handcuffs, 10  00 

March  llth.  1841,  paid  to  Don  Francisco  Sanchez, 10  00 

Three  dollars  given  to  Alcalde  Francisco  Sanchez, 3  00 

Paid  to  conductors  of  the  ropero, 1  00 

Sum  total, $349     1 

Due  to  the  Municipal  Fund. 

Mr.  Bari, 18  00 

The  Sindico  Bias  Angelin,  since  his  term, 21     1 

The  Sindico  Jose  Rodriquez,  since  his  term, 16  00* 


78  ADDENDA,  NOS.  LIV,  LV. 

All  the  individuals,  according  to  the  accounts,  who  have  not  paid  the 
fines  imposed  upon  them  by  the  Judge,  paid  to  the  citizen 
Cayetano  Juarez,  and  remitted  by  him, 55  4 

Senor  Prefects,  herewith  are  presented  the  docs  which  show  the  credits  (Es- 
gresos)  numbered  from  1  to  32,  including  an  account  forwarded  by  Senor 
Hinckley  for  4  pipes,  (of  liquor )  which  was  introduced  and  the  most  of  it 
sold  outside  of  the  Demarcation.  And  Mr.  Rae  has  not  paid  any  duty  on 
aquardiente,  which  he  has  introduced,  it  not  having  been  sold  ;  and  "Don  Jose 
Limantour  has  not  paid  anything,  and  he  established  his  store  on  the  24th  of 
December  of  the  last  year. 

SAN  FRANCISCO,  Jan'y.  1st,  1842. 

Correct.  JUAN  FULLER. 

Comparison. 

Amount  of  Ingresos, $379     1 

of  Exgresos, 149     1 

Amount  on  hand  in  cash,  $  30 

Because  the  Sindico  Procurator  of  the  Municipal  Fund  of  this  Demarcation 
has  gone  to  the  Points  de  Reyes  and  Baulines,  without  giving  notice  of  the 
same,  he  loses  his  right  to  the  five  per  cent,  which  belonged  to  him.  Thus  I, 
the  Justice  of  the  Peace,  ordered  and  determined. 

SAN  FRANCISCO,  Jan'y.  2d,  1842. 

FRANCISCO  GUERRERO. 

Received  the  amount  on  hand  above  set  forth. 

FRANCISCO  SANCHEZ. 


No.  LY. 

CENSUS  OF  SAN  FRANCISCO  IN  1842. 

[Exhibit  No.  9  to  Deposition  of  R.  C.  Hopkins.] 

"  Padron"  Containing  the  Inhabitants  of  Both  Sexes,  in  the  Jurisdiction  of 
San  Francisco,  for  the  Present  Year. 

Name.  Birthplace.  Occupation.  Age. 

Tiburcio  Yasquez Sn  Jose  Gpl Laborer 49 

Alvira  Hernandez Monterey "      37 

Juan  Jose  Yasquez Sn  Jose  Gpl "      17 

Barbara  Yasquez "            "      15 

13 

11 

10 

9 

8 

6 

4 

2 

Jose  Corn.  Bernal "               "      46 

Carmen  Sibriau, .             . . San  Juan "      38 


Josefa  Yasquez. 

Siviaca  Yasquez "  

Jose  Ma.  Yasquez .-. 

Purification  Yasquez San  Francisco 

Luciano  Yasquez 

Francisco  Yasquez " 

Francisco  Yasquez "  

Pablo  Yasquez. 


ADDENDA,  NO.  LV. 


79 


Name.  Birthplace.  Occupation.  Age. 

Jose  de  Jesus  Bernal San  Francisco Laborer 13 

Fran.  Llagas,  Neofito* Pulgas Domestic 57 

Concordio,  Neofito San  Pablo "         54 

Ma.  Feda,  Neofita "          "         46 

Gertrudis,  Neofito "          "         13 

Jose  Antonio,  Neofito San  Francisco "         16 

Teresa,  Neofita Sonoma "         20 

Francisco  Guerrero Tepic Laborer   31 

Josefa  de  Haro San  Francisco "         17 

Spot.  Ay.  de  Guerr'o "          "         — 

Anto.  Abad,  Neofita Costa Domestic 37 

Lorenza,  Neofita Sonoma "          23 

Alejo,  Neofita San  Francisco "          35 

Vicente  Miramontes Mission  de  San  Jose . . .  Laborer   32 

Jesus  Hernandez San  Francisco "         27 

J.  Ma.  Miramontes "                "         4 

Benita  Miramontes "                "         2 

Mariana  Miramontes "               "         — 

Pablo,  Neofito "               Domestic 18 

Francisco,  Neofito Sn  Mig'l "         20 

Cadido  Valencia ..           ..Sn  Clara..               Laborer    38 


Paula  Sanchez San  Jose  Gpl. , 

Eustag.  Valencia " 

Jose  Ramon  Valencia San  Francisco. 

Ma.  de  los  Aug.  Valencia  " 

Lucia  Valencia " 

Tomaso  Valencia " 

Ma.  Josefa  Valencia " 

Jesus  Valencia Sta.  Clara. . . . 

Julia  Sanchez "          

Catarina  Valencia San  Francisco. 

Riso  Valencia " 

Francisco  Valencia " 

Francisco  de  Haro Composta .... 

Francisco  de  Haro San  Francisco. 

Ramon  de  Haro " 

Rosalia  de  Haro " 

Natividad  de  Haro 

Prud.  de  Haro 

Cat.  de  Haro 

Carlota  de  Haro 

Dolorez  de  Haro 

Jesus  Felipe  de  Haro 

Alonzo  de  Haro 

Anast.  Ramirez San  Juan 

Junipero,  Neofito San  Francisco . 

Jose  Ysidro  Sanchez " 

Teodora  Alviso Sta.  Clara 

Dolorez  Sanchez San  Francisco. 

Ysabel  Sanchez " 

Narsisa  Sanchez. .  " 


32 

14 

13 

10 

9 

5 

1 

35 

30 

7 

5 

50 

15 

15 

14 

13 

11 

9 

9 

6 

2 

11 
43 

24 

23 

5 

2 


*  The  words  Neofito  and  Neofita  denote  Indian  catechumens,  male  and  female,  respect- 
ively. It  will  be  observed  that  these  neophytes  have  no  surnames,  and  that  they  all  seem  to 
have  been  named  from  the  Saints  in  the  calendar  of  the  Koman  Catholic  Church. 


80  ADDENDA,  NO.  LV. 

Name.  Birthplace.  Occupation.  Age. 

Jose  tie  los  Santos,  Neofito .  Tulares Laborer    10 

Leander  Galindo San  Francisco "          55 

Domingo  Allanian Sta.  Clara "          . . . 34 

Seferino  Galindo "         "          12 

Maria  Galindo "         "          9 

Ant.  Galindo Santa  Clara «          7 

Francisco  Galindo San  Francisco "          4 

Gregoria  Galindo "  "          3 

Genaro  Galindo "  "          2 

Mariano  Galindo "  "          — 

Jesus  Noe Puebla "          37 

Guadalupe  Gardano "      "          30 

Miguel  Noe Mexico "          9 

Dolorez  Noe Sta.  Clara "          6 

Esperidion  Noe San  Francisco "          4 

Ma.  Concep.  N  oe Sta.  Clara "          2 

Caudelaria.    Neofita Sonoma Domestic 17 

Francisco,  Neofita Sta.  Cruz "          28 

Concep.,  Neofita "         «          21 

Lorenzo.  Neofito "         "          26 

Juan  Fuller England Merchant 40 

Concepcion  Arila Mont'y 26 

Ma.  Concep.  Fuller Monterey 6 

Santiago  Fuller San  Eafael 4 

Nicolasa,  Neofita Sacramento Domestic 13 

Carlos,   Neofito «  "          10 

Pedro  Serbia Denmark Merchant 26 

Juan,  Neofito Sacramento Domestic 11 

Natan  Spear America Merchant 42 

Juana  Miss  Spear Ys.   Sanduic 27 

Tomas,  Cauaca " .Domestic 9 

Carlos,  Indiga  (Indian) Sacramento "          18 

Isabel,        f* '  "      ....  "         "          11 

Daniel  Sill America "Depend." 46 

Fran.  Grno  Ynkly " .Merchant 35 

Susana  Suart San  Francisco 16 

Juan  Canaca Y  Sanduic Domestic 20 

Yspecanoe  Canaca "         "        23 

Manaria,  Neofita Sacramento "        12 

Guillermo  Reed New  Orleans Merchant 32 

Senora  Reed "  24 

Juan  Reed "  3 

Maria  Reed "  . .' 2 

Eloisa  Reed San  Francisco — 

Knittes "  Domestic — 

Pedro,  Canaca Ys.  Sanduic,  (Sand.  Isl.)       "          50 

Mijalda,  Canaca "  "      ..       "          22 

Opunul,  Canaca "  "       . .       "          20 

Jose,  Canaca "  "       ..       "          21 

Tomas France "          30 

Juan  C.  Davis America Carpenter 32 

Juan  Fricher "        Blacksmith 36 

Antonio Peru Domestic 19 

Fredrico,  Neofito Sonoma "          11 

Gregorio  Escalante Manila Merchant 34 


ADDENDA,  NO.  LV.  81 

Name.  Birthplace.  Occupation.  Age. 

Mr.  F.  Andrews America Carpenter 26 

Apolino  Miranda San  Francisco Laborer 47 

Jiiana  Briones Sta.  Cruz 39 

Presentation  Miranda. .    .. San  Francisco ..  .   20 


Gomes  Miranda 

Narsisa  Miranda 

Refugio  Miranda 

Jose  de  Jesus  Miranda .... 
Manuel  Miranda 


13 

12 

10 

7 

5 

Paulina,  Neofito Sacramento Domestic 16 

Candel.  Mirantes Guadalajara Laborer 53 

Guadalupe  Briones Sta.  Cruz 49 

Miguel    Miramontes San  Francisco Laborer 23 

Rodolfo  Miramontes. ......         "               "        22 

Jose  Arciano  Miramontes. .         "               "        18 

Ma.  Dolores  Miramontes.. .         "               19 

Jose  de  los  Stos.  Miramontes        "               Laborer 16 

Raymundo  Miramontes "                "        13 

Juan  Je.  Miramontes "               "        12 

Guadalupc  Miramontes. . . .         "               "        11 

Carmen  Miramontes "               "       10 

Luz  Briones Sta  Cruz «        43 

Jose  Ramon,  Neofito San  Francisco 16 

Marcario,  Neofito Sonoma Domestic 16 

Jose  Rodriguez Monterey Laborer 35 

Romana  Miramontes Sta  Cruz "       30 

Francisco  Rodriguez San  Francisco "       5 

Ma.  Rodriguez "         •     "       4 

Ma.  Rodriguez "               "       2 

Jose  Rodriguez "               "       — 

Jose  Antonio  Sanchez Sonora "  Harcendo" 67 

Ysidro  Je.  Sanchez San  Francisco Laborer 23 

Jose  Feliz "               "      15 

Felipe,  Neofito Tulares Domestic 12 

Raymundo,  Neofito Sonoma "          16 

Manuel  Sanchez San  Francisco Laborer 30 

Francisco  Sotelo P.  de  los  Angeles. ...       "       24 

Manuel   Sanchez San  Francisco 11 

Rosario  Sanchez "                 5 

Dolores  Sanchez "                4 

Juan  Fran.  Sanchez "                1 

Je.  de  la  Ce.  Sanchez " Laborer 40 

Ma.  Josefa  Merido San  Diego "      32 


Solidad  Sanchez San  Francisco. 

Conception  Sanchez. 


19 
12 


Jose  Ma.  Sanchez. 
Ricardo  Sanchez . . 
Francisco  Sanchez . 

Joseia,  Neofita "              Domestic 14 

Eduardo,  Neofita Santa  Cruz "        40 

Francisco  Sanchez San  Jose Laborer 35 

Teodora  Higuera San  Francisco "      26 

Luisa  Sanchez (i                "      8 

Luis  Don  Sanchez "                "      6 

Dolores  Sanchez "                                 "  4 

6* 


82  ADDENDA,  NO.  LV. 

Name.  Birthplace.  Occupation.  Age. 

Pedro  Sanchez San  Francisco Laborer — 

Consolation,  Neofita "  Domestic , . . .   12 


Ygnacio,  Neofita. 

Dunas,   Neofita 

Forcuata,  Neofita 

Jose  (a)  Segnio,  Neofita. . 

Domingo  Felis 

Anto,  Felis 

Angela  Kusa 

Luis  Felis . . 


53 

,       " 49 

40 

,       "        16 

.Laborer 22 

,       «      19 

«      19 

.  16 


Juan  Coopinger Dubl  n Sawyer 30 

Luis  Soto SanJose "      t 23 

Jose,  Neofito Tulares Domestic 10 

Santiago   Henysy Scotland Sawyer 91 

Koberto  McCalister Cork "      29 

Tomas  Gerbert London "      33 

Juan  Mereno Holland "      40 

Guillermo  Handes Boston "      42 

George  Williams England "      39 

Recardp   Maltok "        "      .-, 23 

Jqs.  Mirautes Sta.  Clara Laborer 31 

Mr.  Ignacio  Martinez San  Francisco "      23 

Ma.  Miramontes Sonoma "       — 

Maria,  Neofita "      Domestic 9 

Francisco  Miramontes San  Francisco 9 

Maria,  Neofita San  Rafael Domestic 33 

Jose  D.,  Neofito San  Francisco 3 

WI.  San  Jose,  155. 

EESUMEN. 

Men.    Women.    Boys.    Girls.    Totals. 

la.  Columna 15          11          8        6  40 

2d.        "       11            7        11      16  45 

3d.        "       24          11          8        5  48 

4a.        "       18          11        11        8  48 

5a.        «       8            2          4        1  15 

76          42        42      36          196 

Establecemiento  de  Dolores,  31  de  Obre,  de  1842. 

FEANCISCO  SANCHEZ. 


ADDENDA,  NO.  LVI.  83 


No.  LYI. 

GOVERNOR  MICHELTORENA'S  PROCLAMATION  RESPECTING 
THE  MISSIONS,  MARCH  29,  1843. 

[See  the  same,  without  the  preamble :  Halleck's  Report,  Appendix,  No.  19;  1  Rockwell,  469; 
Jones'  Report,  page  71.] 

Manuel  Micheltorena,  General  of  Brigade  of  the  Republic,  Adjutant  General  of 

the  Plana  Mayor,  Governor  of  the  same,  Commanding-General  and  Inspector 

of  both  Calif ornias  : 

It  being  one  of  the  ample  or  complete  instructions  or  orders,  with  which  is 
invested  the  undersigned  General  and  Governor,  viz. :  to  examine  into  the  situa- 
tion of  all  the  Missions  in  his  government  at  the  present  moment,  their  pros- 
pects and  resources,  in  order  to  regulate  them,  and  the  Supreme  National 
Government  having  transmitted  all  its  powers,  [delegated  to  him  all  its  powers,] 
according  to  the  supreme  order  made  February  11,  1842. 

On  deliberation,  and  with  the  assent  of  the  most  Reverend  Fathers,  Fray 
Jose  Joaquin  Jimeno,  Fray  Jose  Ma.  de  Jesus  Gonzales  Rubico,  who  have 
been  made  personally  to  appear  before  the  government,  as  Presidents  of  other 
Missions,  as  well  as  in  the  name  of,  and  to  represent  the  most  Rev.  Father, 
Presidential  Vicar,  the  absent  Fray  Narciso  Duran,  being  fully  impressed  with, 
and  having  well  reflected  upon  all  things  requisite. 

That  the  vast  and  immense  landed  property  formerly  belonging*  to  the  Mis- 
sions had  been  scattered  or  partitioned  out  to  individuals,  which  at  the  epoch  it 
was  done  was  caused  by  the  exigencies  of  the  country. 

That  the  pious  and  charitable  institutions  of  social  order,  for  the  conversion 
of  the  savages  to  Catholicism  and  to  an  agricultural  and  peaceful  life,  are 
reduced  to  the  huertas  and  inclosures  of  the  churches  and  buildings. 

That  the  most  Most  Rev.  Ecclesiastics  have  no  support  but  charity,  and  that 
the  divine  religion  not  prospering,  barely  sustains  itself. 

That  the  Indians,  naturally  lazy,  from  additional  labor,  scarcity  of  nourish- 
ment, and  in  a  state  of  nudity,  having  no  fixed  employment  or  appointed  Mis- 
sion, prefer  to  keep  out  of  the  way  and  die  impenitent  m  desert  woods,  to  escape 
a  life  of  slavery,  filled  with  all  privations  and  without  social  joys. 

That  this  continued  emigration  of  the  natives  from  the  service  of  individuals 
to  that  of  Missions,  and  from  that  of  the  Missions  to  that  of  individuals,  or  to 
the  woods,  retards  more  and  more  agriculture,  and  frightens  off,  instead  of  draw- 
ing together  the  Gentiles  from  without  the  pale  of  our  Holy  Religion. 

That  in  the  administration  of  the  Missions,  there  have  been  committed  some 
frauds  and  notorious  extravagance,  which  every  inhabitant  of  California  laments. 

That  as  there  is  no  other  method  of  reanimating  the  skeleton  of  a  giant  like 
the  remains  of  the  ancient  Mission?,  without  falling  back  upon  experience  and 
fortifying  it  with  the  levers  of  Civil  and  Ecclesiastical  power. 

Now,  everything  well  considered  and  naturally  reflected  upon,  I  have  deter- 
mined to  decree  the  following  articles : 

No.  1.  The  Government  Department  decrees  to  be  "delivered  up  or  restored" 
to  the  Most  Rev.  Fathers  (who  shall  name  the  Ecclesiastic  to  be  placed  respec- 
tively in  charge)  the  Missions  of  San  Diego,  San  Luis  Rey,  San  Fernando, 
Santa  Barbara,  San  Antonio,  San  Jose,  San  Juan  Capistrano,  San  Gabriel, 
San  Buenaventura,  Santa  Cruz,  La  Purisima,  Santa  Clara ;  which  shall  con- 

[*  Appurtenant  is  a  better  translation  of  pertenerientes— the  word  "belonging"  is  equivocal. 
The  word  "Fray,"  which  is  not  translated,  signifies  "Brother"  of  a  regular  order,  a 
"religiose,"  as  the  secular  priests  were  called  "Padres"— Fathers.] 


84  ADDENDA,  NOS.  LVI,  LVIL 

tinue  for  the  future  to  be  governed  by  the  Most  Rev.  Fathers  (they  taking 
charge  of  the  natives)  in  the  same  manner  as  they  were  before. 

No.  2.  The  government  considers  what  has  been  done  to  this  date  as  irrevo- 
cable :  the  Missions  can  reclaim  none  of  the  lands  granted  prior  to  this  date ; 
and  in  reclaiming  the  cattle,  chattels,  and  instruments  of  agriculture  loaned  by 
the  Rev.  Fathers,  Curators,  or  Superintendents,  they  shall  grant  sufficient  time 
and  arrange  with  the  debtors  or  holders,  amicably. 

No.  3.  They  shall  likewise  take  care  to  collect  the  scattered  neophytes  or 
converts.  First,  those  lawfully  exempted  by  the  Supreme  Departmental  Gov- 
ernment. Second,  those  who  at  the  date  of  this  decree  are  provided  for  by 
individuals,  it  being,  however,  understood,  that  if  any  of  both  classes  wish  and 
prefer  to  return  to  their  respective  Missions,  they  shall  be  admitted  and  received, 
with  cognizance  of  the  masters  and  the  Most  Rev.  Missionaries. 

No.  4.  The  Departmental  Government,  in  whose  possession  up  to  this  day 
have  been  the  Missions,  in  virtue  of  the  most  ample  powers  with  which  it  is 
invested,  and  referring  to  the  aforesaid  considerations,  authorizes  the  Most  Rev. 
Fathers  to  apply  the  products  of  the  Missions  to  the  necessary  expenditures  of 
the  reduction,  food,  clothing,  and  other  temporal  wants  of  the  Indians ;  and 
they  shall  likewise  take  from  the  same  fund  their  own  support,  for  the  salary  of 
the  Mayordomo,  and  for  the  support  of  the  divine  religion,  under  the  condition 
that  they  shall  remain  obligated  by  their  word  of  honor  and  conscience,  to 
deliver  to  the  Treasury,  upon  notice  to  the  Rev.  Fathers,  of  this  government, 
and  the  express  order,  in  writing,  of  the  undersigned  Governor,  Commanding- 
General,  and  Inspector  of  relief,  sustenance,  and  clothing  of  the  troops  and 
observances  of  the  civil  employees,  the  eighth  part  of  the  whole  annual  produce 
of  every  kind ;  keeping  for  the  guidance  of  its  Ecclesiastics  a  true  and  exact 
account  at  the  end  of  the  year,  of  the  number  of  their  converts,  possessions 
real  and  personal,  and  of  every  description  of  produce  or  its  corresponding 
value,  which  may  belong  to  such  Mission. 

No.  5.  The  Departmental  Government,  which  glories  in  religion,  as  well  as 
the  whole  of  California,  and  in  the  same  manner  being  interested  as  well  as  all 
and  every  one  of  the  inhabitants  of  both  Californias  in  the  advancement  of  the 
Holy  Catholic  Faith  and  in  the  prosperity  of  the  country,  "  dedicates  itself," 
(or  places  »t  the  disposition  of  "all  its  power,")  in  aid  of  the  Missions,  and  in 
quality  of  General  commanding,  the  power  of  its  arms  to  protect,  and  defend, 
and  sustain  them,  and  in  the  possession  and  preservation  of  all  the  lands  they 
may  hold  from  this  day,  they  shall  be  the  same  as  the  possessions  and  guaran- 
tees enjoyed  by  private  persons,  binding  itself  to  make  no  new  grant*  without 
the  information  of  the  respective  authorities  of  the  Most  Rev.  Ministers,  notorious 
non-occupation,  non-cultivation,  or  necessity. 

Dated  29th  day  of  March,  1843.  MANUEL  MICHELTNA- 

FEANCISCO  ARCE,  Secretary. 


No.  LVIL 

EXHIBIT   No.   11    TO    DEPOSITION    OF    M.    G.    VALLEJO. 

Order  Jor  election  of  Ayuntamientcs  and  Alcaldes,  Nov.  14,  1843. 

Citizen  Manuel  Micheltorena,  General  of  Brigade  of  the  Mexican  Army, 
Adjutant-General  of  the  Staff  of  the  same,  Governor,  Comandante-Geueral, 
and  Inspector  of  the  Department  of  the  Californias. 

j  p        q    ,    |        Although  Justices  of  the  Peace  have  been  established  in 
{  ij0vt'  feeaj>    j"    the  towns 'of  this  Department  in  conformity  with  the  law 


ADDENDA,  NOS.  LVH,  LVIII.  85 

of  March  20, 1837,  which  gives  them  the  powers  and  obligations  which  the 
Ayuntamientos  have,  yet  it  is  observed  that  in  the  Courts  of  the  chief  towns 
of  the  Districts  matters  of  various  kinds  are  daily  brought  which  prevent  the 
Justices  from  dedicating  themselves  to  the  cluties  which  correspond  to  them, 
for  want  of  Ayuntamientos,  and  moreover  the  Prefectures  of  this  Department 
having  to  be  discontinued  for  the  coming  year,  and  as  the  most  excellent  Junta 
has  passed  resolutions  on  the  matter,  by  the  powers  conferred  on  it  by  the 
Organic  Bases.  I  have  decided  the  last  law  for  elections  of  Ayuntamientos  of 
April  27,  1837,  be  put  in  force  under  the  following  rules  : 

1st.  They  will  proceed  to  verify  in  Monterey  and  the  city  of  Los  Angeles, 
as  chief  towns  of  the  Districts,  the  elections  of  Ayuntamientos,  composed  each 
one  of  First  and  Second  Alcalde,  four  Regidores,  and  one  Sindico. 

2d.  In  the  Pueblos  of  San  Diego,  Santa  Barbara,  San  Juan,  Villa  de 
Branceforte,  Pueblo  de  San  Jose,  San  Francisco,  and  Sonoma,  elections  will 
be  held  to  appoint  two  Alcaldes,  of  first  and  second  nomination. 

3d.  In  consequence,  on  the  second  Sunday  of  the  coming  December,  the  resi- 
dents of  their  respective  towns  will  appoint  in  one  session  seven  Arbritrators 
(compromisarios)  who  will  meet  on  the  Friday  preceding  the  third  Sunday  in 
December,  presided  over  by  the  civil  authority  of  the  District,  for  the  purpose 
of  electing  the  Ayuntamiento  and  Alcaldes,  as  the  foregoing  Articles  direct, 
observing  in  the  necessary  part  the  provisions  of  the  law  of  Elections,  of  Janu- 
ary 19th  of  the  present  year,  under  the  rubric  (rubro)  of  secondary  elections, 
and  the  other  articles  of  the  same  which  may  tend  to  the  purpose. 

4th.  The  first  Alcaldes  of  which  these  dispositions  speak,  will  perform  the 
duties  which  correspond  to  the  Judges  of  First  Instance  in  conformity  with  the 
decree  of  July  loth,  1839,  and  they  wrill  also  take  charge  of  the  Prefecture  of 
their  respective  Districts. 

5th.  On  the  first  day  of  January  of  the  coming  year,  the  persons  newly 
appointed  will  enter  upon  the  duties  of  their  office,  receiving  from  those  going 
out  an  exact  inventory  of  all  the  espedientes,  books,  and  whatever  there  may 
be  pertaining  to  said  corporations,  transmitting  a  copy  of  it  to  the  Govern- 
ment in  order  to  pass  it  to  the  Departmental  Assembly. 

And  that  it  may  come  to  the  notice  of  all,  I  order  that  it  be  published  by 
proclamation  in  the  pueblos  of  the  Department,  and  it  be  fixed  in  the  accus- 
tomed places. 

MONTEREY,  November  14, 1843.  MICHELTORENA. 

MANUEL  JIMENO,  Secretary. 


No.  LYIII. 

EXHIBIT  No.   15    TO  DEPOSITION  OF  M.  G.  YALLEJO. 

Secretary  of  State  to  Alcalde  of  the  Port  of  San  Francisco,  January  20,  1844. 

OFFICE  OF  THE  SECRETARY  ) 

OF  THE  GOVERNMENT  OF  THE  CALIFORNIAS.  j" 

Your  note  dated  the  9th  inst.  has  been  received,  in  which  you  transmit  the 
inventory  of  the  things  pertaining  to  your  Court,  and  His  Excellency  having 
examined  it,  orders  me  to  answer  it,  as  I  now  do. 

God  and  Liberty ! 
MONTEREY,.  January  20,  1844.  MANUEL  JIMENO. 


Senor  First  Alcalde  of  the  Port  of  San  Francisco,  ) 


Citizen  GUILLERMO  HINCKLEY. 


86  ADDENDA,  NO.  LIX,  LX. 


No.  LIX. 

EXHIBIT  No.   14   TO  DEPOSITION  OF  M..G.  YALLEJO. 

[The  Governor  addresses  the  same  officer  as  Alcalde  of  Yerba  Suenaand  Alcalde 
of  San  Francisco,  March  3d,  1844.] 

Seal  of  Departmental  ) 
Government.         j 

I  this  day  say  to  the  Ensign  Don  Juan  Prado  Mesa,  the  following  : 

"  So  soon  as  you  receive  this  order  you  will  march  with  twelve  or  fifteen  men 
of  the  company  of  your  command,  and  present  yourself  to  the  Alcalde  of  first 
nomination  of  Yerba  Buena,  placing  yourself  at  his  disposition  for  the  purpose 
of  restraining  a  disturbance  which  has  happened  with  some  countrymen,  causing 
the  authority  of  said  Alcalde  to  be  respected,  acting  yourself  with  the  greatest 
judgment  and  prudence,  and  under  your  own  responsibility." 

And  I  transcribe  [this]  to  you  for  your  information,  recommending  that  you 
bear  yourself  with  prudence  and  judgment,  acting  in  everything  under  your 
own  responsibility,  forming  the  corresponding  summary  upon  the  fact  referred 
to  in  your  official  communication  of  the  3d  inst.,  which  I  answer,  reporting  to 
this  Government. 

God  and  Liberty ! 

MONTEREY,  March  11, 1844. 

MANUEL  MICHELTORENA. 

Senor  Alcalde  of  San  Francisco. 


No.  LX. 

ESPEDIENTE  OF  THE  DE  HAROS  FOE  THE  POTREEO 

NUEVO. 

EXHIBIT  No.  11  TO  TESTIMONY  OF  R.  C.  HOPKINS  IN  THE  CASE. 

Espediente  instigated  by  the  citizens  Francisco  and  Ramon  De  Haro,  in 
claiming  the  tract  called  "  Potrero  de  San  Francisco." 

Most  Excellent  Senor  Governor  of  the  Calif ornias  : 

Francisco  De  Haro,  Ramon  De  Haro,  in  the  name  of  our  family,  Mexicans 
by  birth,  and  living  in  the  Ex-Mission  of  San  Francisco  de  Asis,  before  your 
Ex.  with  greatest  submission  appear  and  represent,  that  being  compelled  to 
remove  from  the  ranch  of  the  deceased  Jose  Antonio  Sanchez,  the  portion  of 
cattle  belonging  to  our  deceased  mother,  and  as  we  wish  to  tame  the  same,  we 
beg  your  Excellency,  in  the  exercise  of  your  authority  (or  powers)  to  grant  us 
a  small  piece  of  land  called  Potrero  de  San  Francisco,  in  extent  from  North  to 
South  2,288  varas,  and  from  East  to  West  2,508  varas,  measuring  up  to  the 
"  Lomerias,"  (or  Range  of  Highlands),  "  because  there  is  no  competent  person 
to  do  it,  according  to  the  annexed  diseno,"  which  we  submit  to  your  Ex.,  and 
as  said  parcel  of  land  can  be  enclosed,  we  intend  to  place  in  it  the  tame  cattle, 
because  the  range  of  our  father's  cattle  is  insufficient  and  all  occupied,  and  he 
has  given  us  due  permission  to  make  a  petition,  as  we  are  under  parental  power 
and  control. 

Therefore  we  entreat  Y.  E.  to  grant  us  this  benefit,  whereby  we  shall  receive 


ADDENDA,  NO.  LX.  87 

" favor  and  grace,  making  oath  that  we  are  not  instigated  either  by  malice  or 
bad  motives. 

There  being  no  sealed  paper  here  we  could  not  use  it. 
SAN  FRANCISCO,  April  12, 1844. 

KAMON  DE  HAEO, 
'     FRANCISCO  DE  HARO. 


MONTEREY,  April  29, 1844. 
Let  the  Official  Secretary  make  the  necessary  report. 

MICHELTORENA. 

Senor  Governor: 

The-  Mission  of  San  Francisco  now  has  no  property  (bienes)  whatever,  and 
therefore  the  Potrero  petitioned  for  is  vacant,  as  the  petitioners  have  shown  by 
the  report  of  the  respective  justice,  and  as  the  ejidos  of  said  establishment  are 
to  be  designated,  I  think  that  in  the  meanwhile,  the  interested  parties  may 
occupy  the  land  by  a  provisional  license  which  your  Excellency  may  be  pleased 
to  give  them,  it  being  no  prejudice  to  the  community,  nor  to  any  individual 
whatever.  The  determination  of  your  Excellency  will  be  most  proper. 

MONTEREY,  April  29th,  1844. 

[Signed]  MANUEL  JIMENO. 

MONTEREY,  April  30th,  1844. 
Agreed. 

[Signed]  MICHELTORENA. 

MONTEREY,  April  30th,  1844. 

"  In  view  of  the  petition  with  which  this  Espediente  commences,  the  forego- 
ing reports,  with  all  matters  presenting  themselves,  and  necessary  to  be  con- 
sidered, in  conformity  with  the  laws  and  regulations  governing  the  matter,  I 
declare  Francisco  and  Ramon  De  Haro  favored  in  that  they  may  occupy  pro" 
visionally,  the  land  named  Potrero  of  San  Francisco,  of  the  extent  of  one 
half  of  a  square  league  ;  its  boundaries  being  the  Esteros  of  the  entrance 
(boca)  of  the  Potrero,  and  the  hills  that  surround  the  same.  Let  the  corres- 
ponding dispatch  issue,  and  registry  be  made  of  the  same,  and  let  a  communica- 
tion be  directed  to  the  person  in  charge  of  said  establishment.  His  Excellency 
the  Sr.  Governor  thus  ordered,  decreed  and  signed,  which  I  attest." 

Fourth  Seal  Two  Reales. 

"  Provisionally  authorized  by  the  Maritime  Custom  House  of  the  Port  of 
Monterey,  in  the  Department  of  the  Californias,  for  the  years  1844  and  1845." 

MICHELTORENA.  PABLO   DE   LA  GUERRA. 

[L.S.] 

"  The  citizen  Manuel  Micheltorena,  General  of  Brigade  of  the  Mexican 
Army,  Adjutant  General  of  the  Staff  of  the  same,  Governor  Comte,  General 
and  Inspector  of  the  Department  of  Californias. 

Whereas,  the  citizens  Francisco  and  Ramon  De  Haro  have  petitioned  for  the 
concession  of  the  Portrero  which  is  named  San  Francisco,  from  the  mouth 
of  the  Esteros  to  the  Lomaria  which  surrounds  the  same,  and  the  proceedings 
having  been  taken,  and  the  investigations  concerning  the  same  having  been 
made,  as  required  by  the  laws  and  regulations  in  relation  to  the  matter,  I  have 
determined  in  use  of  the  authority  conferred  upon  me,  in  the  name  of  the 
Mexican  Nation,  to  permit  them  the  occupation  of  the  said  Potrero,  subject  to 
the  measurement  which  may  be  made  of  the  Ejidos  of  the  Establishment  of 


88  ADDENDA,  NOS.  LX,  LXI,  LXH. 

San  Francisco,  (sujetandose  a  la  medicion  que  se  haya  de  los  ejidos  del  Estable-" 
cimiento  de  San  Francisco,)  and  to  the  following  conditions  : 

First.  They  cannot  by  any  title  sell  it,  nor  alienate  it  without  prejudice  to 
some  property  (bienes)  which  the  Establishment  of  San  Francisco  should  have. 

Second.  They  shall  not  obstruct  the  crossing's,  roads  and  servitudes,  devoting 
it  to  cultivation,  and  to  the  property  (bienes)  which  they  design  to  introduce, 
but  within  one  year  it  shall  be  occupied. 

The  land  of  which  mention  is  made,  is  one  half  a  square  league,  and  if  they 
violate  these  conditions,  they  will  lose  their  right  to  this  provisional  concession, 
which  is  delivered  to  the  interested  parties  for  their  security  and  further  ends. 

Given  in  MONTEREY,  on  the  first  of  May,  1844. 

MANUEL  MICHELTORENA. 

MANUEL  JIMENO,  Secretary. 


NO.  LXI. 

EXHIBIT  NO.  12  TO  DEPOSITION   OF  M.  G.  VALLEJO. 

Election  of  First  Alcalde  in  1844. 

DIVISION    OF    SAN   FRANCISCO. 

In  the  Secondary  elections  of  this  day  the  citizen  Electors  being  assembled 
in  the  Court  room,  you  resulted  elected  for  Alcalde  of  first  nomination,  that 
you  may  appear  the  first  day  of  the  year  1845,  for  the  purpose  of  taking  the 
customary  oath  in  order  to  take  charge  of  the  Administration  of  Justice,  in 
conformity  with  the  laws. 

All  which  I  have  the  honor  to  communicate  to  you  for  the  purposes  men- 
tioned, offering  you  the  sincere  considerations  of  our  esteem. 
God  and  Liberty. 
SAN  FRANCISCO,  December  22, 1844.  President, 

FRANCISCO  GUERRERO. 

Yice  President, 
FRANCISCO  SANCHEZ. 

1st  Secretary, 
JESUS  NOE. 

2d  Secretary, 
JUAN  N.  PADILLA. 
Citizen  JUAN  N.  PADILLA, 

Alcalde  Elect  of  1st  nomination. 


No.  LXH. 

[TRANSLATION.  ] 

DECREE  OF  THE  DEPARTMENTAL  ASSEMBLY  OF  MAY  28TH, 
1845,  RESPECTING  THE  RENTING  OF  SOME  OF  THE  MIS- 
SIONS, AND  CONVERTING  OTHERS  INTO  PUEBLOS,  ETC. 

[See  the  same,  Halleck's  Rep.  App.  20;  1  Rockwell,  471;  Jones's  Rep.  72.] 

ARTICLE  1.  The  Departmental  Government  shall  call  together  the  Indians  (los 
Neojitos)  of  the  Missions  of  San  Rafael,  DOLORES,  Soledad,  San  Miguel  and  La 


ADDENDA,  NO.  LXIL  89 

Purisima,  which  are  abandoned  by  them,  by  means  of  a  proclamation,  which  it 
will  publish,  allowing  them  the  term  of  one  month  from  the  day  of  its  publica- 
tion in  their  respective  Missions,  or  in  those  nearest  to  them,  for  them  to  reunite 
for  the  purpose  of  occupying  and  cultivating  them ;  and  they  are  informed  that, 
if  they  fail  to  do  so,  said  Missions  will  be  declared  to  be  without  owners  (mos- 
trencas)*  and  the  Assembly  and  Departmental  Government  will  dispose  of  them 
as  may  best  suit  the  general  good  of  the  department. 

ART.  2.  The  Carmelo,  San  Juan  Bautista,  San  Juan  Capistrano,  and  San 
Francisco  Solano  shall  be  considered  as  pueblos,  which  is  the  character  they 
have  at  present ;  and  the  government,  after  separating  a  sufficient  locality  for 
the  Curate's  house,  for  churches,  and  appurtenances,  and  court-house,  will  pro- 
ceed to  sell  the  remaining  premises  at  public  auction  in  order  to  pay  their 
respective  debts ;  and  the  overplus,  should  there  be  any,  shall  remain  for  the 
benefit  and  preservation  of  divine  worship. 

ART.  3.  The  remainder  of  the  Missions,  as  far  as  San  Diego,  inclusive,  may 
be  rented  out  at  the  option  of  the  government,  which  will  establish  the  manner 
and  form  of  carrying  this  into  execution,  taking  care  in  so  doing  that  the  estab- 
lishments move  prosperously  onward.  These  respective  Indians  will  conse- 
quently remain  in  absolute  liberty  to  occupy  themselves  as  they  may  see  fit, 
either  in  the  employment  of  the  renter  himself,  or  in  the  cultivation  of  their 
own  lands  which  the  government  will  necessarily  designate  for  them,  or  in  the 
employ  of  any  other  private  person. 

ART.  4.  The  principal  edifice  of  the  Mission  of  Santa  Barbara  is  excepted 
from  the  renting  mentioned  in  the  foregoing  article  ;  and  the  government  will 
arrange  in  the  most  suitable  manner,  which  part  thereof  shall  be  destined  for 
the  habitation  and  other  conveniences  of  his  Grace  the  Bishop  and  his  suite, 
and  which  for  the  Reverend  Missionary  Padres  who  at  present  inhabit  said 
principal  edifice.  And  likewise  one-half  of  its  total  rent  of  the  other  property 
of  the  Mission  shall  be  invested  for  the  benefit  of  the  church,  arid  for  the  main- 
tenance of  its- minister,  and  the  other  half  for  the  benefit  of  its  respective  In- 
dians. 

ART.  5.  The  products  of  the  rents,  mentioned  in  Article  3,  shall  be  divided 
into  three  equal  parts,  and  the  government  shall  destine  one  of  them  for  the 
maintenance  of  the  Reverend  Padre  Minister  and  the  conservation  of  divine 
worship  •  another  for  the  Indians  ;  and  the  last  shall  necessarily  be  dedicated 
by  government  towards  education  and  public  beneficence,  as  soon  as  the  legal 
debts  of  each  Mission  be  paid. 

ART.  6.  The  third  part  mentioned  in  the  5th  Article  as  destined  for  the  main- 
tenance of  the  priests  and  help  towards  divine  worship,  shall  be  placed  at  the 
disposal  of  the  Reverend  Prelates,  for  them  to  form  a  general  fund,  to  be  dis- 
tributed equitably  in  the  before-mentioned  objects. 

ART.  7.  The  authorities  or  ecclesiastical  ministers,  should  there  be  any  in  the 
Missions  referred  to  in  Article  1,  or  those  in  the  nearest  Missions,  or  persons 
who  may  merit  the  confidence  of  government,  will  be  requested  by  said  govern- 
ment to  see  that  the  proclamation  above  mentioned  be  published,  and  to  give 
information  immediately  whether  the  said  neophytes  have  presented  themselves 
or  not,  within  the  period  fixed,  in  order  that,  in  view  of  such  documents,  the 
necessary  measures  may  be  taken. 

ART.  8.  Government  will,  in  the  strictest  manner,  exact  the  amount  owing  by 
various  persons  to  all  the  Missions  in  general,  as  already  ordered  by  the  Most 
Excellent  Assembly  in  its  decree  of  the  24th  August,  1844,  and  dispose  of  the 
same  for  the  object  mentioned  in  the  last  part  of  the  5th  Article. 

*  [Mostrencas,  means  more  properly,  public  property.  Salva  defines  it:  "property  which 
has  no  known  owner,  and  therefore  belongs  to  the  sovereign  or  community."] 


90  ADDENDA,  NO.  LXIII. 


No.  LXIII. 

PROCLAMATION   FOR   THE   SALE   OF   THE   MISSIONS. 

OCTOBER  28, 1845. 

[See  the  same,  Hallcck's  Rep.  App.  21;  1  Rockwell,  472;  Jones'  Rep.  p.  75.  This  was  not 
an  "Act  of  the  Departmental  Assembly,"  as  it  has  sometimes  been  styled,  but  a  procla- 
mation of  Governor  Pico  in  execution 'of  the  Act  of  May  28, 1845,  as  will  seen  on  consult- 
ing the  original.] 

PIO  PICO,  GOVERNOR  AD  INTERIM  OF  THE  DEPARTMENT  OF  THE  CALIFORNIAS, 
TO  THE  INHABITANTS  THEREOF,  KNOW  YE  : 

That,  in  order  to  give  due  fulfilment  to  the  resolution  of  the  Excellent  Depart- 
mental Assembly  of  the  28th  of  May  last,  relative  to  the  leasing  and  alienating 
of  the  Missions,  and  being  authorized  by  the  aforesaid  Excellent  Body,  1  have 
thought  proper  to  issue  the  following 

REGULATION  FOR  THE   SALE  AND  LEASING  OF  THE  MIS- 
SIONS. 

OF    ALIENATION. 

ARTICLE  1.  There  will  be  sold  in  this  Capital,  to  the  highest  bidder,  the  Mis- 
sions of  San  Rafael,  Dolores,  Soledad,  San  Miguel,  and  La  Purisima,  which  are 
abandoned  by  their  neophytes,  (que  se  hallan  abandonados  de  sus  neofitos.) 

ART.  2.  Of  the  existing  premises  of  [in,  en]  the  pueblos  of  San  Luis  Obispo, 
Carmelo,  San  Juan  Bautista,  and  San  Juan  Capistrano,  ancLwhich  formerly 
belonged  to  the  Missions,  there  shall  be  separated  the  churches  and  appurte- 
nances ;  one  part  for  the  Curate's  house,  another  for  a  court-house,  and  a  place 
for  a  school,  and  the  remainder  of  said  edifice  shall  be  sold  at  public  auction, 
where  an  account  of  them  will  be  given. 

ART.  3.  In  the  same  manner  will  be  sold  the  property  on  hand  belonging  to 
the  Missions — such  as  grain,  produce,  or  mercantile  goods — giving  the  prefer- 
ence for  the  same  amount  to  the  renters,  and  deducting  previously  that  part  of 
said  property  destined  for  the  food  and  clothing  of  the  Reverend  Padre  Minister 
and  the  neophytes  until  the  harvest  of  next  year. 

ART.  4.  The  public  sale  of  the  Missions  of  San  Luis  Obispo,  Purisima,  and 
San  Juan  Capistrano  shall  take  place  on  the  first  four  days  of  the  month  of 
December  next,  notice  being  previously  posted  up  in  the  towns  of  the  depart- 
ment inviting  bidders,  and  three  publications  being  made  in  the  Capital  at 
intervals  of  eight  days  one  from  the  other  before  the  sale.  In  the  same  manner 
will  be  sold  what  belongs  to  San  Rafael,  Dolores,  San  Juan  Bautista,  Carmelo, 
and  San  Miguel  on  the  23d*  and  24th  of  January,  next  year. 

ART.  5.  From  the  date  of  the  publication  of  these  regulations,  proposals  will 
be  admitted  in  this  Capital  to  be  made  to  government,  which  will  take  them 
into  consideration. 

ART.  6.  The  total  proceeds  of  these  sales  shall  be  paid  into  the  departmental 
treasury,  to  pay  therewith  the  debts  of  said  Missions ;  and  should  anything 
remain,  it  will  be  placed  at  the  disposal  of  the  respective  Prelate  for  the  main- 
tenance of  religious  worship,  agreeably  to  Article  2  of  the  decree  of  the  Depart- 
mental Assembly. 

OF    RENTING. 

ART.  7.  The  Missions  of  San  Fernando,  San  Buenaventura,  Santa  Barbara, 
*  [This  is  a  mistake,  first  made  in  Halleck's  report,  and  copied  by  Jones  and  Rockwell. 

Ki«"9rl     Srt     anrl  AHi   »       SAG  nffimol  rtpimnal   1 


ADDENDA,  NO.  LXIII.  91 

and  Santa  Ynez,  shall  be  rented  out  to  the  highest  bidder  for  the  term  of  nine 
years. 

ART.  8.  To  this  end  bidders  shall  be  convoked  in  all  the  departments,  by 
fixing  advertisements  in  the  town,  in  order  that  by  the  5th  December  next  they 
may  appear  in  this  Capital,  either  personally  or  by  their  legal  agents. 

ART.  9.  Three  publications  shall  be  made  in  this  Capital  at  intervals  of  eight 
days  each,  before  the  day  appointed  for  the  renting,  and  proposals  will  be 
admitted  on  the  terms  expressed  in  Article  5. 

ART.  10.  There  shall  be  included  in  said  renting  all  the  lands,  out-door  prop- 
erty, implements  of  agriculture,  vineyards,  orchards,  workshops,  and  whatever 
according  to  the  inventories  made,  belongs  to  the  respective  Missions,  with  the 
mere  exceptions  of  those  small  portions  of  land  which  have  always  been  occu- 
pied by  some  of  the  Indians  of  the  Missions. 

ART.  11.  The  buildings  are  likewise  included,  excepting  the  churches  and 
their  appurtenances,  the  part  destined  for  the  Curate's  houge,  the  court-house, 
and  place  for  a  school.  In  the  Mission  of  Santa  Barbara  no  part  of  the  prin- 
cipal edifice  shall  be  included  which  is  destined  for  the  inhabitants  of  his  Grace 
the  Bishop  and  suite,  and  the  Reverend  Padres  who  inhabit  it ;  and  there  shall 
be  merely  placed  at  the  disposal  of  the  renter,  the  cellars,  movables  and  work- 
shops, which  are  not  applied  to  the  service  of  said  Prelates. 

ART.  12.  As  the  proceeds  of  the  rent  are  to  be  divided  into  three  parts  to  be 
distributed  according  to  Article  5,  of  said  decree,  the  renter  may  himself  deliver 
to  the  respective  Padre,  Prefect,  or  to  the  person  whom  he  may  appoint,  the 
third  part  destined  for  the  maintenance  of  the  Minister  and  the  religious  wor- 
ship ;  and  only  in  the  Mission  of  Santa  Barbara,  the  half  of  said  rent  money 
shall  be  paid  for  the  same  object,  in  conformity  with  the  4th  Article  of  the 
decree  of  the  Departmental  Assembly. 

ART.  13.  The  government  reserves  to  itself  the  right  of  taking  care  that  the 
establishments  prosper ;  in  virtue  of  which  it  will  prevent  their  destruction, 
ruin  or  decline,  should  it  be  necessary  during  the  period  of  renting. 

ART.  14.  The  renting  of  the  Missions  of  San  Diego,  San  Luis  Rey,  San 
Gabriel,  San  Antonio,  Santa  Clara,  and  San  Jose,  shall  take  place  when  the 
difficulties  shall  be  got  over  which  at  present  exist  with  respect  to  the  debts  of 
those  establishments,  and  then  the  government  will  inform  the  public  ;  and  all 
shall  be  done  agreeably  to  these  regulations. 

ADVANTAGES    AND    OBLIGATIONS    OF    THE    RENTORS. 

ART.  15.  The  rentors  shall  have  the  benefit  of  the  usufruct  of  everything 
delivered  to  them  on  rent  according  to  these  regulations. 

ART.  16.  The  obligations  of  the  rentors  are :  1st.  To  pay  promptly  and 
quarterly  when  due  the  amount  of  rent.  2d.  To  deliver  back,  with  improve- 
ments, at  the  expiration  of  the  nine  years,  whatever  they  may  receive  on  rent, 
with  the  exception  of  the  stills,  movables  and  implements  of  agriculture,  which 
must  be  returned  in  a  serviceable  state.  3d.  They  shall  return  at  the  same 
time  the  number  of  cattle  which  they  receive,  and  of  the  same  description,  and 
of  such  an  age  as  not  to  embarrass  the  procreation  of  the  following  year. 
4th.  They  shall  give  bonds  to  the  satisfaction  of  government  before  they  receive 
the  establishments,  conditioned  for  the  fulfilment  of  the  obligations  of  the  ren- 
tors— one  of  which  is  the  payment  of  the  damages  which  the  government  may 
be  obliged  to  find  against  them,  agreeably  to  Article  13.  t 

OF   THE   INDIANS. 

ART.  17.  The  Indians  are  free  from  their  neophytism,  and  may  establish 
themselves  in  their  Missions  or  wherever  they  choose.  They  are  not  obliged  to 
serve  the  rentors,  but  they  may  engage  themselves  to  them,  on  being  paid  for 
their  labor,  and  they  will  be  subject  to  the  authorities  and  to  the  local  police. 


92  ADDENDA,  NOS.  LXIII,  LXIY. 

AET.  18.  The  Indians  radicated  in  each  Mission  shall  appoint  from  among 
themselves,  on  the  first  of  January  in  each  year,  four  overseers,  who  •will  watch 
and  take  care  of  the  preservation  of  public  order,  and  be  subject  to  the  Justice 
of  the  Peace  to  be  named  by  government  in  each  Mission,  agreeably  to  the 
decree  of  4th  July  last.  If  the  overseers  do  not  perform  their  duty  well,  they 
shall  be  replaced  by  others,  to  be  appointed  by  the  Justice  of  the  Peace,  with 
previous  permission  from  government,  who  will  remain  in  office  for  the  remain- 
der of  the  year  in  which  they  were  appointed. 

ART.  19.  The  overseers  shall  appoint,  every  month,  from  among  the  best  of 
the  Indians,  a  sacristan,  a  cook,  a  tortilla-maker,  a  vaquero,  and  two  washer- 
women, for  the  service  of  the  Padre  Minister,  and  no  one  shall  be  hindered  from 
remaining  in  this  service  as  long  as  he  choose.  In  the  Mission  of  Santa  Bar- 
bara, the  overseers  will  appoint  an  Indian  to  the  satisfaction  of  the  priest,  to 
take  care  daily  of  the  reservoir  and  water  conduits  that  lead  to  the  principal 
edifice,  and  he  shall  receive  a  compensation  of  four  dollars  per  mouth,  out  of  the 
rent  belonging  to  the  Indians. 

ART.  20.  The  Indians  who  possess  portions  of  land,  in  which  they  have  their 
gardens  and  houses,  will  apply  to  this  government  for  the  respective  title,  in 
order  that  the  ownership  thereof  may  be  adjudicated  to  them,  it  being  under- 
stood that  they  cannot  alienate  said  lands,  but  they  shall  be  hereditary  among 
their  relatives,  according  to  the  order  established  by  law. 

ART.  21.  From  the  said  Indian  population,  three  boys  shall  be  chosen  as 
pages  for  the  Priest,  and  to  assist  in  the  ceremonies  of  the  church. 

ART.  22.  The  musicians  and  singers  who  may  establish  themselves  in  the 
Missions  shall  be  exempt  from  the  burdens  mentioned  in  Article  18,  but  they 
shall  lend  their  services  in  the  churches,  at  the  masses,  and  the  fundones  which 
may  occur. 

OF    THE    JUSTICES    OF    THE    PEACE. 

ART.  23.  The  Justices  of  the  Peace  shall  put  in  execution  the  orders  com- 
municated to  them  by  the  nearest  superior  authority  ;  they  will  take  care  that 
veneration  and  respect  be  paid  to  matter  appertaining  to  our  religion  and  its 
Ministers,  and  that  the  18th  and  20th  articles,  inclusive  uf  these  regulations, 
be  punctually  fulfilled  ;  they  will  see  that  no  one  be  hindered  in  the  free  use  of 
his  property  ;  they  will  quiet  the  little  disturbances  that  may  occur,  and,  if 
necessary  impose  light  and  moderate  correction ;  and  if  the  occurrence  should 
be  of  such  a  nature  as  to  belong  to  the  cognizance  of  other  authorities,  they 
will  remit  to  such  authorities  the  criminals  and  antecedents. 

And  in  order  that  it  may  come  to  the  notice  of  all,  I  command  that  this  be 
published  by  public  edict  in  this  capital  and  the  other  towns  of  the  Depart- 
ment, and  that  it  be  posted  up  at  the  customary  public  places,  and  that  it  may 
be  sent  to  whomsoever  it  may  concern. 

Given  at  the  City  of  Los  Angeles,  on  the  28th  day  of  October,  1845. 

PIO  PICO. 

JOSE  MARIA  COVARRUBIAS,  Secretary. 


No.  LXIV. 

ESPEDIE^E  OF  NOE  FOR   THE   RANCHO  SAN  MIGUEL. 

EXHIBIT  W  TO  DEPOSITION  OF  R.  C.  HOPKINS. 
His  Excellency  the  Governor  ad  interim  of  the  Department  of  California : 

Jose  de  Jesus  Noe,  a  Mexican  by  birth  and  a  resident  of  San  Francisco  de 
Asis  represents  to  your  Excellency  that  being  the  owner  of  a  number  of  cattle 


ADDENDA,  NO.  LXIV.  93 

and  horses,  which  stock  is  increasing,  and  not  having  a  suitable  place  upon 
which  to  put  them,  he  begs  that  your  Excellency,  by  virtue  of  your  powers, 
will  grant  him  a  square  league  of  laud,  on  the  tract,  now  vacant,  to  the  West 
and  Northwest  of  the  Establishment  of  Dolores,  bounded  by  the  ranches  of  the 
citizens  Francisco  de  Haro,  Robert  Riddle,  and  Jose  Cornelio  Bernal  and 
bordering  on  the  sea,  on  the  West,  according  to  the  map  accompanying  this 
petition. 

The  petitioner  respectfully  solicits  that  your  Excellency  will  grant  this  peti- 
tion, as  he  has  a  large  family  ;  this  not  being  on  stamped  paper  on  account  of 
having  none,  swearing  what  is  necessary,  etc. 

SAN  FRANCISCO,  May  28th,  1845. 

J.  DE  JESUS  NOE. 

[Marginal  decree.] 

AUG.,  June  14th,  1844. 

Let  this  be  transmitted  to  the  Justice  of  San  Francisco  for  his  report,  let  the 
said  Judge  notify  the  owners  of  the  adjoining  estates  of  this  petition,  that  their 
property  may  receive  no  prejudice,  also  ascertain  whether  any  other  petition  is 
pending,  respecting  the  tract  of  land  in  question,  and  having  done  this,  return 
this  document  to  the  Government. 

PICO. 

2d  Constitutional  Justice's  Court  of  Yerba  Buena. 

In  view  of  the  preceding  Superior  decree  and  in  compliance  with  its  dictates, 
I  have  to  report :  That  having  given  notice  to  the  owners  of  the  estates  adjoin- 
ing the  land  petitioned  for,  and  having  compared  their  respective  maps,  it 
appears  that  no  injury  will  result  to  them.  The  said  land  is  recognized  as  the 
property  of  the  Ex-Mission  of  San  Francisco  (es  de  los  que  se  reconoce  por  de 
sii  propk'dud  la  Ex-Mission  de  S.  Francisco,)  and  is  now  unoccupied  ;  it  is 
near  that  solicited  by  Don  Benito  Diaz,  whose  petition  is  now  pending,  and 
which  having  been  compared  with  this  petition,  docs  not  conflict  with  it. 

The  petitioner  possesses  the  qualifications  required  by  law.  All  which  is 
submitted  to  the  superior  understanding  of  your  Excellency,  in  compliance  with 
the  preceding  decree  and  for  the  necessary  purposes. 

YERBA  BUEXA,  Aug.  28th,  1845. 

J.  DE  LA  C.  SANCHEZ. 

ANGELES,  Dec.  23d.  1845. 

In  view  of  the  petition  commencing  this  Espedienle,  the  report  of  the  2d 
Alcalde  of  San  Francisco  and  other  things  referring  to  the  matter :  In  con- 
formity with  the  law  of  August  18th.  1824  and  the  regulations  of  the  21st  of 
November,  1828, 1  declare  Don  Jose  Jesus  Noe  the  owner  of  a  square  league 
of  land  in  the  immediate  neighborhood  of  the  Mission  Dolores,  being  adjoining 
the  lands  of  Don  Francisco  Haro,  Robert  Riddle  and  Jose  Cornelio  Bernal. 
Let  the  necessary  title  issue  and  the  espediente  be  retained  to  be  submitted  to 
the  Most  Excellent  Departamental  Assembly,  for  its  approbation.  Pio  Pico7 
provisional  Governor  of  the  Californias  has  thus  ordered,  decreed,  signed  and 
duly  attests. 

PIO  PICO. 

JOSE  MARIA  COVARRUBIAS,  Secretary. 


Pio  Pico    Senior  Vocal  of  the  Departmental   Assembly  and  Provisional 
Governor  of  California : 

Whereas,  Don  Jose  Jesus  Noe  has  solicited,  for  his  individual  benefit  and 


94  ADDENDA,  NO.  LXIV. 

that  of  his  family,  a  piece  of  land  in  the  immediate  neighborhood  of  the  Ex- 
Mission  of  Dolores,  one  square  league  in  extent :  the  customary  investigations 
having  been  made,  by  virtue  of  the  powers  conferred  upon  me,  in  the  name  of 
the  Mexican  Nation,  I  do  by  this  decree,  grant  the  aforesaid  laud  to  the  peti- 
tioner, declaring  him,  by  these  presents,  the  owner  thereof,  in  conformity  with 
the  law  of  August,  18th,  1824,  and  the  regulation  of  Nov.  21st,  1828,  subject 
to  the  approval  of  the  most  Excellent  Departmental  Assembly  and  to  the  fol- 
lowing conditions : 

1st.  The  petitioner  may  enclose  the  land,  without  interfering  with  the  cross- 
ings, roads  and  public  conveniences,  and  he  may  enjoy  it  freely  and  exclusively, 
devoting  it  to  such  purposes  as  he  may  see  fit. 

2d.  He  shall  apply  to  the  proper  Judge  to  place  him  in  lawful  possession,  in 
accordance  with  this  decree,  and  the  said  Judge  will  define  the  boundaries  and 
the  necessary  landmarks. 

3d.  The  land  granted,  is  one  square  league  in  extent,  according  to  the  map 
which  accompanies  the  Espediente,  and  borders  on  the  lands  of  Don  Francisco 
Haro,  Robert  Riddle,  and  Jose  Cornelio  Bernal.  The  Judge  who  gives  pos- 
session will  have  the  land  measured  in  conformity  with  the  ordinance. 

I  therefore  order  that  the  present  title,  being  considered  firm  and  valid,  shall 
be  registered  in  the  proper  book,  and  shall  be  delivered  to  the  petitioner  for  his 
protection  and  other  purposes. 

Given  at  the  city  of  Los  Angeles,  on  ordinary  paper,  for  want  of  stamped 
paper,  this  23d  day  of  December,  1845. 

PIO  PICO. 
JOSE  MARIA  COVARRUBIAS,  Secretary. 

This  title  has  been  duly  registered  in  the  proper  book. 

ANGELES,  May  8, 1846. 

This  Espediente  having  been  submitted  in  session  of  to-day  to  the  Depart- 
mental Assembly,  it  was  referred  to  the  Committee  on  Yacant  Lands. 

PIO  PICO, 
AGUSTIN  OLVERA,  Deputy  Secretary.  President. 


The  Committee  on  Yacant  Lands  has  carefully  examined  the  Espediente 
relative  to  the  land  in  the  immediate  neighborhood  of  the  Ex-Mission  of 
Dolores  solicited  by  Jose  de  Jesus  Noe,  which  was  granted  by  th€  Superior 
Departmental  Government,  in  accordance  with  the  laws  concerning  the  mattef , 
and  it  now  has  the  honor  of  submitting  the  following  report  to  your  Excel- 
lency's consideration. 

It  approves  of  the  grant  made  to  Jose  de  Jesus  Noe  of  the  tract  of  land  in 
the  immediate  neighborhood  of  the  Ex-Mission  of  Dolores,  one  square  league  in 
extent,  according  to  the  title  issued  on  the  23d  day  of  December  of  the  past 
year,  this  being  entirely  in  conformity  with  the  law  of  August  18th,  1824,  the 
article  of  October  5th,  and  the  regulation  of  Nov.  21st,  1828. 

Given  in  the  Hall  of  Commissions,  in  the  City  of  Los  Angeles,  May 
22d,  1846. 

S.  AGUELLO. 

ANGELES,  June  3d,  1846. 

In  session  of  to-day  the  most  Excellent  Departmental  Assembly  approves  of 
the  contents  of  the  preceding  decree. 


ADDENDA,  NOS.  LXV,  LXYI.  95 


No.  LXV. 

SUB-PREFECT  GUERRERO  INSTRUCTS  THE  JUDGE  OF  FIEST 
INSTANCE  OF  THE  POET  OF  SAN  FRANCISCO  RESPECT- 
ING THE  DEFALCATION  OF  SYNDIC  SHERREBACK,  FEB. 

7,  1846. 

[Exhibit  16  to  deposition  of  K.  C.  Hopkins.] 

Sub-Prefectura  of  the  \ 
2d  District.         j" 

In  view  of  your  note  of  the  3d  of  the  present  month,  in  relation  to  the 
accounts  of  the  Sindicatura  of  Don  Pedro  Sherreback,  and  of  the  refusal  of 
this  (that)  gentleman  to  reply  to  two  official  communications  from  your  pre- 
decessor, asking  a  rendition  of  accounts.  Wherefore,  I  require  you  to  cause 
him  to  be  summoned  to  appear  before  the  Juzgado  under  your  charge,  and  that 
he  present  the  accounts,  you  first  examining  the  same,  and  if  they  are  not  made 
out  as  they  should  be,  showing  corresponding  vouchers,  with  the  necessary 
entries  of  amounts  received,  so  as  to  detect  any  bad  faith,  if  any  has  been 
practiced  ;  and  if  they  are  not  so  found,  you  shall  attach  his  property,  if  he 
have  any,  and  if  he  have  none,  you  shall  imprison  him  till  he  make  payment,  or 
be  sent  to  the  public  works. 

Which  I  have  the  honor  to  say  to  you  in  reply, 

God  and  liberty.    YERBA  BUENA,  Feb.  7th,  1846. 

FRANCISCO  GUERRERO. 
To  the  Judge  of  1st  Instance, 

of  the  Pueblo  of  San  Francisco. 


No.  LXVI. 

PETITION  OF  FITCH  AND  GUERRERO  FOR  LANDS  AT  THE 

PRESIDIO. 

MAY  13,  1846. 

[Exhibit  No.  8  to  Deposition  of  R.  C.  Hopkins.] 
To  the  Most  Excellent  Governor  of  the  Department  of  the  Calif ornias  : 

Henry  Fitch,  naturalized  in  the  Mexican  Republic,  and  Francisco  Guerrero, 
a  Mexican  by  birth,  residing  in  the  Department,  before  your  Excellency  with 
due  respect,  represent :  That  finding  a  place  in  the  point  of  the  Presidio  of 
San  Francisco,  which  up  to  the  present  time,  has  not  been  occupied  by  any 
person  ;  that  an  arroyo  which  is  found  almost  in  the  centre  of  said  place,  being 
suitable  for  the  establishment  of  machinery  for  a  mill,  and  other  pieces  for 
sowing  purposes  and  the  greater  part  Chimesal  and  Monte,  as  your  Excellency 
will  see  by  examining  the  accompanying  diseno  ;  the  said  land  being  two  and  a 
half  sitios  a  little  more  or  less  ;  bounding  in  the  South  with  the  Ranchos  of  the 
citizens  Francisco  De  Haro  and  Jose  de  Jesus  Noe,  on  the  S.  S.E.  with  the 
Mission  of  San  Erancisco  ;  on  the  East  with  Yerba  Buena,  and  on  the  North 
and  West  with  the  sea  shore ;  the  petitioners  making  known  to  your  Excellency 
that  they  do  not  desire  to  prejudice  the  interests  of  any  person  whatever,  who 
may  be  seeking  to  obtain,  or  who  may  already  have  obtained  a  title ;  in  that 
case  they  will  only  receive  the  favor  (of  a  grant)  for  three  thousand  varas, 


96  ADDENDA,  NO.  LXVI. 

which  may  be  on  sajd  arroyo,  for  the  purpose  of  establishing  said  machinery, 
and  then  they  can  make  an  agreement  *with  whoever  may  be  the  owner,  and  if 
your  Excellency  should  be  pleased  to  grant  to  the  petitioners  the  favor  they 
ask,  subject  to  the  ejidos  of  the  poblacion  of  Yerba  Buena,  although  they  have 
not  yet  been  designated  (dejando  en  salvo  hasta  los  ejidos  de  la  poblacion  de 
Yerba  Buena  aun  que  no  estan  nombrados)  since  in  the  concession  of  the  land, 
some  persons  will  be  benefited,  and  the  petitioners  not  being  prejudiced  by 
another  who  may  obtain  in  property,  some  part  of  the  said  land's,  of  small 
extent,  in  pieces  of  desirable  land,  or  of  much  monte  or  sand  hills  (arenales). 

Wherefore  they  earnestly  pray  your  Excellency  to  be  pleased  to  concede  to 
them  that  which  they  ask,  if  it  be'  may  be  convenient  to  do  so,  remaining 
satisfied  with  the  determination  of  your  Excellency,  swearing  to  what  is  neces- 
sary ;  writing  this  upon  common  paper,  for  want  of  that  which  is  sealed. 

YERBA  BUENA,  May  13th,  1846. 

FRANCO.  GUERRERO, 
H.  D.  FITCH. 


(Certificate  of  the  Justice  of  the  Peace.) 

Jose  de  Jesus  Noe,  Justice  of  the  Peace  of  the  Jurisdiction  of  Yerba 
Buena. 

I  certify,  in  relation  to  the  petition  of  the  citizens  Francisco  Guerrero  and 
Henry  D,  Fitch,  that  the  part  of  land  asked  for  is  vacant  at  this  time,  although 
there  are  other  petitioners  for  the  same,  whose  petitions  are  pending.  The  object 
of  the  last  petitioners  being  to  establish  a  mill  which  will  be  useful  to  the  com- 
munity, and  besides  the  petitioners  limit  themselves  to  a  certain  number  of 
varas,  it  will  not  be  prejudicial  to  other  parties,  if  the  Government  should 
think  proper  to  grant  to  one  or  another  the  lands  indicated.  And  for  the 
necessary  ends  I  give  this  in  Yerba  Buena,  on  the  13th  of  May,  1846. 

J.  DE  JESUS  NOE. 


ADDENDA,  NO.  LXVII. 


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100  ADDENDA,  NO.  LXIX. 

No.  LXIX. 

A.D.  1836. 

EXTRACTS  RESPECTING  PREFECTS,  SUB-PREFECTS,  AYUNTAMIENTOS,  ALCALDES, 
AND  JUSTICES  OF  THE  PEACE,  FROM  THE  SIXTH  CONSTITUTIONAL  LAW  OF 
MEXICO.  ADOPTED  DECEMBER  29TH,  1836. 

[Bases  y  Leyes  Constitutionales  do  la  Republica  Mexicana,  dccretados  por  cl  Congreso  gen- 
eral dc  la  nacion  en  el  ano  de  1836.  Mexico :  Imprenta  del  aguila,  Jose  Jimeno,  1837.] 

ART.  1.  The  Republic  shall  be  divided  into  Departments,  in  conformity  with 
the  eighth  organic  (constitutional)  base.     The  Departments  shall  be  divided 
into  Districts,  and  the  Districts  into  Partidos. 
**#.*#•.##-*#* 

ART.  16.  In  each  chief  town  (capital,  cabecera)  of  a  District  there  shall  be  a 
Prefect,  nominated  by  the  Governor  and  confirmed  by  the  General  Government, 
who  shall  hold  office  for  four  years,  and  may  be  re-elected. 
•*•***#  #•*### 

ART.  18.  It  belongs  to  the  Prefects  :  1st.  To  maintain  order  and  public 
tranquility  in  their  Districts,  with  entire  subjection  to  the  Governor.  2d.  To 
execute  and  cause  to  be  executed  the  orders  of  the  respective  government  of  the 
Department.  3d.  To  watch  over  the  fulfillment  of  their  duties  by  the  Ayun- 
tamientos,  and  in  general  over  everything  pertaining  to  police  (al  ramo  de 
policia). 

ART.  19.  In  each  capital  (cabecera)  of  a  Partido  there  shall  be  a  sub-Prefect, 
nominated  by  the  Prefect  and  approved  by  the  Governor,  who  shall  hold  his 
office  four  years,  and  may  be  re-elected. 

*  *  *  #  -X-  #  #  #  #  # 

ART.  31.  The  functions  of  Sub-Prefect  in  the  Partido  are  the  same  as  those 
of  the  Prefect  in  the  Districts,  subject  to  the  Prefect,  and  through  him  to  the 
Governor. 

ART.  22.  There  shall  be  Ayuntamientos  in  the  capitals  of  Departments ;  in 
those  places  (lugares)  where  there  were  such  in  1808  ;  in  sea  ports  with  a  popu- 
lation of  four  thousand  souls  ;  and  in  those  pueblos  which  have  a  population  of 
eight  thousand.  In  those  which  do  not  possess  the  above  population  (que  no 
haya  esa  population)  there  shall  be  Justices  of  the  Peace  (Jueces  de  Paz),  also 
entrusted  with  police  (policia),  in  such  number  as  may  be  designated  by  the 
respective  Departmental  Juntas,  in  concert  with  the  Governor. 

ART.  23.  The  Ayuntamientos  shall  be  elected  by  the  people  in  districts  (ter- 
minos),  to  be  fixed  by  a  law.  The  number  of  Alcaldes,  Councilmen  (Regidores) 
and  Syndics  shall  be  determined  by  the  respective  Departmental  Juntas,  in  con- 
cert with  the  Governor,  except  that  there  cannot  be  more  than  six  Alcaldes, 

twelve  Regidores,  or  two  Syndics  in  the  same  Ayuntamiento. 
*•###*  *  #  *** 

ART.  25.  The  Ayuntamientos  shall  be  charged  with  the  care  of  public  health 
and  accommodation,  (literally,  convenience,  policia  de  salubridad  y  comodidad,) 
to  watch  over  prisons,  hospitals,  and  benevolent  institutions  which  are  not  of 
private  foundation,  primary  schools  sustained  by  public  funds,  the  construction 
and  repair  of  bridges,  highways,  and  roads,  the  raising  and  expenditure  of  public 
moneys  from  taxes,  licenses,  and  the  rents  of  municipal  property,  (la  recaudacion 
e  inversion  de  los  propios  y  arbitrios,)  to  promote  the  advancement  of  agricul- 
ture, industry,  and  commerce,  and  to  assist  the  Alcaldes  in  the  preservation  of 
peace  and  public  order  among  their  inhabitants  ( vecindario) ,  under  absolute 
subjection  to  the  laws  and  regulations. 

ART.  26.  It  shall  be  the  duty  of  the  Alcaldes  to  exercise  in  their  pueblos  the 


ADDENDA,  NOS.  LXIX,  LXX.  101 

office  of  conciliators,  to  decide  oral  litigations,  to  take  the  necessary  proceed- 
ings in  urgent  lawsuits  in  which  recourse  cannot  be  had  to  Judges  of  the  First 
Instance ;  and,  in  the  same  case,  to  take  the  preliminary  proceedings  in  criminal 
cases ;  to  conduct  such  proceedings  as  are  entrusted  to  them  by  the  respective 
tribunals  or  judges  ;  and  to  watch  over  public  tranquility  and  order,  subject,  in 
this  respect,  to  the  Sub-Prefects,  and,  through  them,  to  the  respective  superior 
authorities. 

ART.  27.  Those  Justices  of  the  Peace  who  are  also  charged  with  police 
powers  [see  ante,  Art.  22],  shall  be  proposed  by  the  Sub-Prefect,  nominated  by 
the  Prefect,  and  approved  by  the  Governor  ;' hold  office  one  year,  and  be  re- 
eligible. 
*  *  *  *  *  #  *  •**•* 

ART.  29.  Such  Justices  shall  exercise  in  their  respective  pueblos  the  same 
powers  which  are  designated  for  Alcaldes  and  Ayuutamientos,  subject,  in  re- 
spect to  these  powers,  to  the  Sub-Prefects,  and,  through  them,  to  the  respective 
superior  authorities.  In  those  towns  (lugares)  where  there  are  not  a  thousand 
inhabitants,  the  functions  of  Justices  of  the  Peace  shall  be  restricted  to  watch- 
ing over  the  public  peace,  and  to  the  administration  of  police,  and  to  exercising 
judicial  functions,  both  civil  and  criminal,  in  cases  whose  urgency  does  not  per- 
mit a  resort  to  the  nearest  respective  authorities. 

ART.  30.  The  official  trusts  (cargos)  of  Sub-Prefects,  Alcaldes,  Justices  of 
the  Peace  charged  with  police  administration,  Regidores,  and  Syndics,  pertain 
to  the  Pueblo,*  and  cannot  be  resigned  without  a  legal  excuse,  approved  by  the 
Governor,  or,  in  case  of  a  re-election. 

ART.  31.  A  secondary  (supplemental)  law  shall  detail  everything  relating  to 
the  exercise  of  the  duties  of  Prefects,  Sub-Prefects,  Justices  of  the  Peace,  Al- 
caldes, Regidores,  and  Syndics,  etc.,  etc. 


No.   LXX. 

A.D.  1845. 
ESPEDIENTE   OF  BENITO  DIAZ,  FOR  THE   POINT  OF  LOBOS. 

[California  Archives,  Irregular  Espediente,  No.  266.] 

MaAl24thLEi845  }  Most  Excellent  Senor  Governor  :— Benito  Diaz,  a 

Let  it  be7  transmitted  to     native  of   the    Californias,  and    a  resident   of   San 

the  respective  Judge,  and     Francisco,  before  your  Excellency  as  may  be  most  ac- 

Slndanfto^ar^haiTe  cePtable'  and  with  d»e  r<*Pect  represents:  That 
may  deem  convenient,  so  having  some  head  of  large  cattle,  and  not  having  a 
Wi1?  vi,cw  of' »».  when  it  place  whereon  to  put  them  for  the  increase  thereof, 

shall  be  returned  to  the  Gov-     r   j         ,1          •  ,     ,          ..,..,..  I 

ernmeut,  the  same  may  re-     anc*  as  there  is  a  vacant  place  in  the  jurisdiction  of 
solve  what  may  be  conve-     San  Francisco,  known  by  the  name  of  Punta  de 
petitions0          PartpICoh°     Lobos<  boun<ted   on   the  north  by  the  sea  running 
toward  the  port  of  San  Francisco,  on  the  south  by 

the  high  land  lying  back  of  the  Mission  of  San  Francisco,  known  by  the  name 
of  the  Serro  de  la  Laguna  Honda,  on  the  east  by  the  high  hill,  and  on  the  west 
by  the  Point  of  Lobos,  which  may  be  comprehended,  a  little  more  or  less,  two 
square  leagues  (sitios  de  ganado  mayor),  adverting  that  the  ruins  of  the  Presidio 

*  NOTE.—"  Los  cargos  de  Sub-Prefectos,  Alcaldes,  Jueces  de  Paz  encargados  de  policia, 
Regidores  y  Sindicos  son  concejiles."  CONCEJIL,  adj.  Lo  perteneciente  al  concejo,  6  lo  que 
es  comun  A  los  vecinos  de  un  pueblo.  SALVA  Die.  Esp.  in  verbo.  See  Argument,  §  13. 


102  ADDENDA,  NOS.  LXX,  LXXI. 

of  San  ranci  sco  and  castle  (fort)  which  lie  within  the  place,  are  not  included  in  this 
petition,  unless  the  Government  should  wish  to  grant  me  said  ruins,  obligating 
myself,  if  it  be  effected,  to  build  a  house  at  the  port  of  San  Francisco,  for  the 
Military  Commandant,  to  be  twenty-five  varas  long  and  six  wide.  Wherefore, 
I  request  your  Excellency  to  take  into  consideration  my  petition  and  grant  me 
the  land  I  ask,  which  I  hope,  from  the  well-known  goodness  of  your  Excellency, 
by  which  I  will  receive  a  favor,  swearing  that  which  is  necessary,  etc. 

BENITO  DIAZ. 
YERBA  BUENA,  April  3d,  1845. 


In  view  of  the  preceding  Decree  relating  to  information  of  the  land  which 
the  petitioner  asks,  I  will  say  that  it  is  vacant,  and  that  said  petitioner  possesses 
the  necessary  requisites,  according  to  the  law  in  the  matter ;  but  as  to  the  place 
occupied  by  the  military  point,  I  cannot  give  information,  because  I  know  noth- 
ing of  its  commons  (ejidos). 

PUEBLO  OF  SAN  FRANCISCO,  August  16th,  1845. 

JE.  DE  LA  C.  SANCHEZ. 


OFFICE  OF  MILITARY  COMMANDANT  OF  SAN  FRANCISCO,  ) 
October  18th,  1845.  f 

In  conformity  with  the  preceding  superior  Decree,  issued  by  the  Most  Excel- 
lent Senor,  Governor  ad  interim  of  this  Department,  on  the  24th  of  May  of  the 
present  year,  I  have  to  say,  that  the  land  which  the  interested  party  asks,  being 
vacant,  I  believe  can  be  granted  to  him  without  including  in  the  concession  the 
two  military  points  of  the  Presidio  and  castle  (fort)  which  are  comprehended  in 
his  petition. 

FRAN00.  SANCHEZ. 


No.   LXXI. 

A.D.  1844.    APRIL. 

THE  INHABITANTS  OF  THE  MISSION  OF  (DOLORES  OF)  SAN  FRANCISCO  COMPLAIN 
THAT  THEIR  SETTLEMENT  HAS  NEVER  BEEN  RECOGNIZED  AS  A  PUEBLO,  AND  ASK 
THE  GOVERNOR  TO  EXTINGUISH  THE  NAME  OF  MISSION  AND  DECLARE  IT  A 
PUEBLO  FOR  THE  FUTURE.     THE  GOVERNOR  DECLINES  TO  ACT. 
[California  Archives  ;  Unbound  Documents.] 

[TRANSLATION.] 

Let  the  Secretary  of  state        MOST  EXCELLENT  SIR  :    The  undersigned,  all  resi- 
dents  (vecinos)  of  the  jurisdiction  of  San  Francisco 


. 
MICHEL!*.       de  Asis,  and  established  in  the  ex-Mission  of  this 

name,  before  your  Excellency,  respectfully  and  in  due  form,  represent,  that  all  of 
us  being  desirous  to  do  all  that  we  can  for  the  increase  and  advancement  of  this 
settlement  (poblacionj  ;  also,  to  promote  the  branches  of  industry,  agriculture, 
and  eommejce,  as  far  as  it  is  in  our  power.  Up  to  the  present  time,  in  spite  of 
the  data  which  proved  the  contrary,  this  place  is  still  hitherto  commonly  recog- 
nized as  a  Mission  (se  reconoce  aun  y  corre  por  Mision)  ,  and  notwithstanding  the 
data  to  which  we  refer,  which  show  that  it  ought  to  be  held  and  recognized  as 
a  PUEBLO,  such  as  the  Bando  issued  by  his  Excellency  the  Governor  D.  Juan 


ADDENDA,  NO.  LXXI.  103 

B.  Alborado,  on  the  27th  of  February,  1839,  in  which  this  establishment  was 
named  as  a  "  cabecera  de  partido,"  (seat  of  the  partido  government)  that  the 
one  issued  by  your  Excellency  on  the  25th  April,  1843,  in  which  this  was  ex- 
cepted  in  the  order  to  return  the  Missions  to  the  Fathers  ;  and  lastly,  according 
to  that  of  the  28th  of  September,  of  the  same  year,  issued  also  by  your  Excel- 
lency, the  2d  article  of  which  required  1st  and  2d  Alcaldes  to  be  appointed  for 
the  place,  among  the  others  which  your  Excellency  thought  proper  to  distinguish 
with  this  honorable  designation.  Wherefore,  in  consideration  of  said  data,  for 
the  extinction  of  such  title  of  Mission,  as  well  as  that  the  same  be  recognized 
IN  FUTURE  as  a  PUEBLO,  and  in  order  to  avoid  controversies,  that  the  office  of 
mayordomo  which  exists,  although  with  a  small  number  of  Indians  of  both  sexes 
in  COMMUNITY  (en  comunidad)  ;  also,  that  by  the  authorities  a  proper  impulse 
may  be  given,  and  a  due  observance  of  the  decrees  and  regulations  of  police 
(policia)  and  good  government ;  and,  finally,  iu  order  that  the  public  may  be 
undeceived  in  relation  to  the  title  that  it  now  has,  and  that  the  difficulties  and 
obstacles  that  have  embarrassed  the  settlement  and  prosperity  of  the  said  settle- 
ment (poblacion),  may  iu  the  future  be  avoided.  Wherefore,  we  apply  to  the 
ample  powers  of  you  Excellency,  in  order  that  in  the  use  of  the  same,  and  in 
consideration  of  what  has  been  set  forth,  you  may  be  pleased  to  declare  in  due 
form  the  same  to  be  a  PUEBLO,  and  in  consequence  of  its  being  such,  by  your 
superior  approbation,  permit  us  to  ratify  the  same,  which  act  will  be  duly 
solemnized  in  accordance  with  our  authorities,  making  due  acknowledgments  to 
your  Excellency  for  this  favor.  Wherefore,  we  earnestly  pray  you  to  look 
propitiously  upon  our  petition  (splicitud)  and  to  admit  this  on  common  paper, 
there  being  no  sealed  paper  in  this  place. 
S.  FRANCISCO  DE  Asis,  April  8, 1844. 

FRANCISCO  DE  HARO,  T.  DE  LA  C.  SANCHEJ,  FRAN'CO  GUERRERO,  FRAN'CO 
SANCHEZ,  F.  DE  JESUS  NOE,  MANUEL  SANCHEZ,  CAND'LLO  VALENCIA,  RAMON 

DE  HARO,  BlSENTE    MlRAMONTES,    JOSE    JESUS,    FRAN'CO    M.    HARO,  YsDRO  T. 

SANCHEZ,  FELIPE  SOTO,  DOMINGO  FELIS,  JOSE  BERNAL — [something  obscure 
here.] 

NOTE.— This  is  in  the  hand-  The  preceding  paper,  subscribed  by  some  citizens 
the  thin  Secretary^?  state)  (algunos  vecinos)  of  San  Francisco  :  I  understand 
but  not  signed  by  him.  that  it  is  not  of  such  urgency  as  to  require  you  to  de- 

termine the  matter  until  you  have  the  condition  in  which  the  Mission  is,  which 
is  indebted  to  some  merchants,  and  these  have  asked  that  the  same  be  satisfied 
with  some  of  the  property  of  the  Mission.  Therefore,  your  Excellency  can 
determine  what  is  proper  as  soon  as  you  make  the  visit  that  you  have  resolved 
upon. 

MONTEREY,  29th  April,  1844. 

MONTEREY,  April  30, 1844. 

In  accordance  with  the  opinion  of  the  Secretary  of  State,  and  as  the  Gover- 
nor has  determined,  let  it  be  known  to  the  gentlemen  who  subscribe,  assuring 
them  that  the  Government  can  never  desire  anything  but  their  welfare,  consist- 
ently with  the  general  good  (publico  general),  which  it  is  his  duty  to  promote. 

MICHELTO^. 


104  ADDENDA,  NOS.  LXXII,  LXXIII. 


NO.  LXXII. 

A.D.  1847.     MARCH. 

GENERAL  KEARNY,  MILITARY  GOVERNOR  OF  CALIFORNIA, 
RECOGNIZES  THE  CORPORATE  TOWN  OF  SAN  FRANCISCO, 
AND  GRANTS  IT  BEACH  AND  WATER  LOTS. 

[Executive  Document  No.  17,  House  of  Rep.,  1st  Sess.  31st  Cong.,  page  146.] 

I,  Brig-ad ier-General  S.  W.  Kearny,  Governor  of  California,  by  virtue  of  au- 
thority in  me  vested  by  the  President  of  the  United  States  of  America,  do 
hereby  grant,  convey,  and  release  unto  the  town  of  San  Francisco/the  people, 
or  corporate  authorities  thereof,  all  the  right,  title,  and  interest  of  the  Govern- 
ment of  the  United  States  and  of  the  Territory  of  California,  in  and  to  the 
beach  and  water-lots  on  the  east  front  of  said  town  of  San  Francisco,  included 
between  the  points  known  as  the  "  Rincon  "  and  "  Fort  Montgomery,"  excepting 
such  lots  as  may  be  selected  for  the  use  of  the  Government  by  the  senior  officers 
now  there  :  Provided  the  said  grant  hereby  ceded  shall  be  divided  into  lots,  and 
sold  at  public  auction,  to  the  highest  bidder,  after  three  months'  notice  previous- 
ly given  ;  the  proceeds  of  said  sale  to  be  for  the  benefit  of  the  town  of  San 
Francisco. 

Given  at  Monterey,  capital  of  California,  this  10th  day  of  March,  1847,  in 
the  71st  year  of  the  independence  of  the  United  States. 

S.  W.  KEARNY, 
Brig.-Gen.  and  Governor  of  California. 


No.  LXXIII. 

A.D.  1849.    MARCH. 

THE  CITIZENS  OF  SAN  FRANCISCO  INSTITUTE  A  «  DISTRICT 
LEGISLATURE." 

[Executive  Document  No.  17,  House  of  Rep.,  1st  Session  31st  Cong.  (1849-50)  pages  728,  etc.] 

No.  I. 

A  public  meeting  of  the  citizens  of  the  town  and  district  of  San  Francisco 
was  held  in  the  public  square  on  Monday  afternoon,  the  12th  instant,  in  accord- 
ance with  previous  notice. 

The  meeting  was  organized  by  calling  Mr.  Norton  to  preside,  and  S.  W. 
Perkins  to  act  as  secretary. 

The  chairman,  after  reading  the  call  of  the  meeting,  opened  it  more  fully  by 
briefly  but  succinctly  stating  its  object ;  when  Mr.  Hyde,  on  being  invited,  after 
some  preliminary  remarks,  submitted  the  following  plan  of  organization  or  gov- 
ernment for  the  district  of  San  Francisco  : 

Whereas,  we,  the  people  of  the  district  of  San  Francisco,  perceiving  the 
necessity  of  having  some  better  defined  and  more  permanent  civil  regulations  for 
our  general  security  than  the  vague,  unlimited,  and  irresponsible  authority  that 
now  exists,  do,  in  general  convention  assembled,  hereby  establish  and  ordain  : 


ADDENDA,  NO.  LXXIII.  105 

ARTICLE    I. 

Section  1.  That  there  shall  be  elected  by  ballot  a  Legislative  Assembly  for  the 
district  of  San  Francisco,  consisting  of  fifteen  members,  citizens  of  the  district, 
eight  of  whom  shall  constitute  a  quorum  for  the  transaction  of  business  ;  and 
whose  power,  duty,  and  office  shall  be  to  make  such  laws  as  they  in  their  wisdom 
may  deem  essential  to  promote  the  happiness  of  the  people,  provided  they  shall 
not  conflict  with  the  Constitution  of  the  United  States,  nor  be  repugnant  to  the 
common  law. 

Sec.  2.  Every  bill  which  shall  have  passed  the  Legislative  Assembly  shall,  be- 
fore it  becomes  a  law,  be  signed  by  the  speaker  and  the  recording  clerk. 

Sec.  3.  It  shall  keep  a  journal  of  its  proceedings,  and  determine  its  own  rules. 

Sec.  4.  The  members  of  the  Legislative  Assembly  shall  enter  upon  the  duties 
of  their  office  on  the  first  Monday  of  March. 

ARTICLE    II. 

Section  1 .  That  for  the  purpose  of  securing  to  the  people  a  more  efficient  ad  - 
ministration  of  law  and  justice,  there  shall  be  elected  by  ballot  three  justices  of 
the  peace,  of  equal  though  separate  jurisdiction,  who  shall  be  empowered  by 
their  commission  of  office  to  hear  and  adjudicate  all  civil  and  criminal  issues  in 
this  district,  according  to  the  common  law,  as  recognized  by  the  Constitution 
of  the  United  States,  under  which  we  live. 

Sec.  2.  That  there  shall  be  an  election  held,  and  the  same  is  hereby  ordered, 
at  the  Public  Institute,  in  the  town  of  San  Francisco,  on  Wednesday,  the  21st 
of  February,  1849,  between  the  hours  of  eight  A.  M.  and  five  P.  M.,  for  fifteen 
members  of  the  Legislative  Assembly  for  the  district  of  San  Francisco,  and  three 
justices  of  the  peace,  as  hereinbefore  prescribed. 

Sec.  3.  That  the  members  of  the  said  Legislative  Assembly,  and  the  three 
justices  of  the  peace  elected  as  hereinbefore  prescribed,  shall  hold  their  office  for 
the  term  of  one  year  from  the  date  of  their  commissions,  unless  sooner  super- 
seded by  the  competent  authorities  from  the  United  States  Government,  or  by 
the  action  of  a  provisional  government  now  invoked  by  the  people  of  this  Ter- 
ritory, or  by  the  action  of  the  people  of  this  district. 

Sec.  4.  Members  of  the  legislature  and  justices  of  the  peace  shall,  before  they 
enter  upon  the  duties  of  their  respective  office*,  take  and  subscribe  the  following 
oath  : 

I  do  solemnly  swear  that  I  will  support  the  Constitution  of  the  United  States 
and  government  of  this  district,  and  that  I  will  faithfully  discharge  the  duties 
of  the  office  of  -  — ,  according  to  the  best  of  my  ability. 

Mr.  Harris  moved  the  adoption  of  the  plan  entire,  which  was  seconded  ;  when 
Mr.  Buckalew  moved  to  supersede  the  plan  of  government  presented  by  submit- 
ting the  subject  to  a  committee  to  be  appointed  by  the  meeting,  and  whose  duty 
it  should  be  to  report  to  an  adjourned  meeting.  Thereupon  an  animated  dis- 
cussion ensued.  Mr.  Buckalew's  motion  having  been  seconded,  was  lost  by 
vote ;  when  the  question  recurred  on  the  original  motion  of  Mr.  Harris,  which 
was  carried  almost  unanimously. 

On  motion  of  Mr.  Hyde,  it  was 

Resolved,  That  the  judges  of  the  election  to  be  held  on  the  24th  instant  shall 
meet  at  the  Public  Institute,  in  the  town  of  San  Francisco,  on  the  22d  instant, 
at  10  o'clock  A.  M.,  to  present  to  the  justices  of  the  peace  their  commissions,  and 
administer  to  them  their  oath  of  office. 

On  motion  of  Mr.  Per  Lee,  it  was  determined  that  every  male  resident  of  the 
age  of  twenty-one  years  or  upwards  shall  be  entitled^to  vote  at  the  said  election. 

On  motion  of  Mr.  Roach,  it  was 

Resolved,  That  the  persons  who  were  elected  on  the  27th  of  December  last  to 


106  ADDENDA,  NO.  LXXIII. 

serve  as  a  town  council  for  the  year  1849,  and  those  who  were  elected  for  the 
same  purpose  on  the  15th  of  January,  1849,  be,  and  are  hereby,  requested  to 
tender  their  resignations  to  a  committee  selected  by  this  meeting  to  receive  the 
same. 

Messrs.  Ellis,  Swasey,  Long,  Buckalew,  and  Hyde  were  elected  such  com- 
mittee. 

On  motion,  it  was 

Resolved,  That  these  proceedings  be  published  in  the  "  Alta  California." 

On  motion,  the  meeting  then  adjourned. 

MYKON  NOKTON, 

T.  W.  PERKINS,  President. 

Secretary. 

No.  H. 

SAN  FRANCISCO,  March  23, 1849. 

I  do  hereby  certify,  that  at  an  election  held  for  justices  of  the  peace  and  for 
members  of  the  district  legislature,  on  the  21st  day  of  February,  1849,  Myron 
Norton,  Heron  K.  Per  Lee,  and  William  M.  Stewart,  were  elected  justices  of 
the  peace ;  Stephen  A.  Wright,  Alfred  J.  Ellis,  Henry  A.  Harrison,  George  C. 
Hub  bard,  George  Hyde,  Isaac  Montgomery,  William  M.  Smith,  Andrew  J. 
Grayson,  James  Creighton,  Robert  A.  Parker,  Thomas  J.  Eoach,  William  F. 
Swasey,  Talbot  H.  Green,  Francis  J.  Lippitt,  and  George  Hawk  Lemon  were 
elected  to  the  district  legislature. 

W.  GILLESPIE, 
One  of  the  Judges,  and  Inspector  of  Election. 


No.   III. 

I  hereby  certify  that  I  administered  the  oath  of  office  to  the  members  of  the 
legislature  of  the  district  of  San  Francisco,  on  the  5th  of  March,  1849. 

H.  R.  PER  LEE, 

Justice  of  the  Peace. 
SAN  FRANCISCO,  March  20, 1849. 


No.  IY. 

MONDAY  EVENING,  March  5, 1849. 

The  Legislative  Assembly  of  the  district  of  San  Francisco  met  the  first  time  at 
the  Public  Institute.  Present :  Messrs.  Creighton,  Ellis,  Grayson,  Green, 
Harrison,  Hubbard,  Hyde,  Lemon,  Lippitt,  Montgomery,  Parker,  Roach,  Smith, 
Swasey,  and  Wright. 

The  oath  of  office  was  administered  to  the  aforesaid  members  elect  by  his 
Honor  Judge  H.  R.  Per  Lee. 

Mr.  Hyde  was  then  appointed  chairman  pro  tempore. 

The  members  then  proceeded  to  elect,  by  ballot,  their  officers,  Messrs.  Roach 
and  Smith  having  been  appointed  tellers,  who,  after  counting  the  votes,  declared 
Francis  J.  Lippitt  duly  elected  as  speaker  of  the  house,  and  J.  Howard  Acker- 
man  clerk.  Accordingly,  Mr.  Lippitt  took  the  chair. 

On  motion,  a  committee  of  three  were  appointed  to  draw  up  rules  of  proceed- 
ing, to  report  at  a  special  meeting  to  be  held  on  Tuesday  evening,  at  7  o'clock. 
Messrs.  Harrison,  Hyde,  and  Roach,  committee. 


ADDENDA,  NOS.  LXXIII,  LXXIV.  107 

Mr.  J.  Cade  was  appointed  sergeant-at-arms,  and  Mr.  E.  Gilbert  printer  for 
the  house. 

On  motion,  a  special  committee  of  three  were  appointed  to  act  in  connection 
with  the  judges  of  the  district,  to  report  a  code  of  laws  as  soon  as  practicable. 

On  motion,  Mr.  Lippitt  was  added  to  the  committee.  Messrs.  Hyde,  Har- 
rison, and  Creighton,  committee. 

The  following  resolution  was  presented  by  Mr.  Hyde,  which,  after  some  dis- 
cussion, was  carried  unanimously  : 

Resolved,  That  Mr.  Frank  Ward  be  appointed  the  treasurer  of  the  district  of 
San  Francisco,  to  act  temporarily  until  properly  superseded  by  law,  and  who 
shall  be  empowered  to  receive  all  bonds,  mortgages,  notes,  and  money  or  moneys 
now  in  the  hands  of  any  officers  existing  under  the  late  authority,  and  report 
the  amount  to  this  house. 

Moved  by  Mr.  Smith,  and  seconded,  that  a  suitable  place  be  provided  in  which 
the  magistrates  elect  may  hold  a  court. 

On  motion,  a  committee  of  three  were  appointed  to^  confer  with  the  judges  on 
the  subject.  Messrs.  Parker,  Wright,  and  Ellis,  committee. 

On  motion,  the  meeting  adjourned  until  Friday  evening,  at  7  o'clock. 

FRANCIS  J.  LIPPITT, 

True  copy  from  the  minutes  : 

J.  HOWARD  ACKERMAN,  Clerk. 


No.  LXXIV. 

A.D.  1849.    JUNE  4. 

GENERAL  RILEY,  MILITARY  GOVERNOR  OF  CALIFORNIA, 
DENOUNCES  THE  "LEGISLATIVE  ASSEMBLY  OF  SAN 
FRANCISCO." 

[Executive  Document  No.  17,  House  of  Rep.,  1st  Session,  31st  Congress,  page  773.] 

PROCLAMATION. 
To  the  People  of  the  District  of  San  Francisco. 

Whereas,  proof  has  been  laid  before  me  that  a  body  of  men  styling  themselves 
"  the  Legislative  Assembly  of  the  District  of  San  Francisco,"  have  usurped  pow- 
ers which  are  vested  only  in  the  Congress  of  the  United  States,  by  making  laws, 
creating  and  filling  offices,  imposing  and  collecting  taxes,  without  the  authority 
of  law,  and  in  violation  of  the  Constitution  of  the  United  States,  and  of  the 
late  treaty  with  Mexico  :  Now,  therefore,  all  persons  are  warned  not  to  coun- 
tenance said  illegal  and  unauthorized  body,  either  by  paying  taxes  or  by  sup- 
porting or  abetting  their  officers. 

And,  whereas,  due  proof  has  been  received  that  a  person  assuming  the  title  of 
sheriff,  under  the  authority  of  one  claiming  to  be  a  justice  of  the  peace  in  the 
town  of  San  Francisco,  did,  on  the  31st  of  May  Jast,  with  an  armed  party, 
violently  enter  the  office  of  the  1st  Alcalde  of  the  District  of  San  Francisco,  and 
there  forcibly  take  and  carry  away  the  public  records  of  said  district  from  the 
legal  custody  and  keeping  of  said  1st  Alcalde  :  Now,  therefore,  all  good  citizens 
are  called  upon  to  assist  in  restoring  said  records  to  their  lawful  keeper,  and  in 
sustaining  the  legally-constituted  authorities  of  the  land. 

The  office  of  justice  of  the  peace  in  California,  even  where  regularly  consti- 
tuted and  legally  filled,  is  subordinate  to  that  of  Alcalde ;  and  for  one  holding 


108  ADDENDA,  NOS.  LXXIV,  LXXV. 

such  office  to  assume  the  control  of,  and  authority  over,  a  superior  tribunal, 
argues  an  utter  ignorance  of  the  laws,  or  a  willful  desire  to  violate  them,  and  to 
disturb  the  public  tranquility.  It  is  believed,  however,  that  such  persons  have 
been  led  into  the  commission  of  this  rash  act  through  the  impulse  of  the  moment, 
rather  than  any  willful  and  settled  design  to  transgress  the  law  ;  and  it  is  hoped 
that  on  due  reflection  they  will  be  convinced  of  their  error,  and  unite  with  all 
good  citizens  in  repairing  the  violence  they  have  done  to  the  laws.  It  can 
hardly  be  possible  that  intelligent  and  thinking  men  should  be  so  blinded  by 
passion,  and  so  unmindful  of  their  own  interests  and  the  security  of  their  prop- 
erty, after  the  salutary  and  disinterested  advice  and  warnings  which  have  been 
given  them  by  the  President  of  the  United  States,  by  the  Secretaries  of  State 
and  of  War,  and  by  men  of  high  integrity  and  disinterested  motives,  as  to  coun- 
tenance and  support  any  illegally  constituted  body  in  their  open  violation  of  the 
laws,  and  assumption  of  authority  which  in  no  possible  event  could  ever  belong 
to  them. 

The  office  of  alcalde  is  one  established  by  law,  and  all  officers  of  the  United 
States  have  been  ordered  by  the  President  to  recognize  and  support  the  legal 
authority  of  the  person  holding  such  office  ;  and  whatever  feelings  of  prejudice 
or  personal  dislike  may  exist  against  the  individual  holding  such  office,  the  office 
itself  should  be  sacred.  For  any  incompetency  or  mal-administration,  the  law 
affords  abundant  means  of  remedy  and  punishment — means  which  the  Executive 
will  always  be  found  ready  and  willing  to  employ,  to  the  full  extent  of  the 
powers  in  him  vested. 

Given  at  Monterey,  California,  this  4th  day  of  June,  in  the  year  of  our  Lord 
1849. 

B.  RILEY, 
Brevet  Brig.-Gen.  U.  S.  A.,  and  Governor  of  California. 

Official : 

H.  W.  HALLECK, 

Brevet  Captain,  and  Secretary  of  State. 


No.    LXXV. 

A.D.  1849.    JUNE  OTH. 

GOVERNOR  RILEY,  UNITED  STATES  MILITARY  GOVERNOR 
OF  CALIFORNIA,  RESTORES  THE  AYUNTAMIENTO  OF  THE 
PUEBLO  OF  SAN  FRANCISCO. 

[Executive  Document  No.  18,  House  of  Rep.  1st  Sess.  31st  Congress,  page  774.] 

STATE  DEPARTMENT  OF  THE  TERRITORY  OF  CALIFORNIA, 
Monterey,  June  5,  1849. 

GENTLEMEN  :  I  am  directed  to  send  you  the  enclosed  appointment  as  judges 
and  inspectors,  to  give  notice  and  hold  a  special  election  for  filling  certain  vacan- 
cies in  the  district  and  town  of  San  Francisco. 

The  growing  importance  of  your  town,  and  the  immense  amount  of  business 
transacted  there,  render  it  important  for  the  security  of  property  and  of  the 
rights  of  citizens,  that  it  should  not  be  kept  without  regular  and  legally-consti- 
tuted officers  for  the  administration  of  justice,  and  the  management  of  the 
affairs  of  your  Municipality.  It  is  therefore  hoped  that  an  election  will  be  held, 
with  no  more  delay  than  may  be  necessary  in  order  to  have  the  notice  generally 
known  in  the  town  and  district. 


ADDENDA,  NO.  LXXV.  109 

It  is  the  opinion  of  all  eminent  legal  authorities  which  have  been  consulted, 
that  all  laws  of  California  which  existed  at  the  time  this  country  was  annexed 
to  the  United  States,  and  which  are  not  inconsistent  with  the  Constitution,  laws, 
and  treaties  of  the  United  States,  are  still  in  force,  and  must  continue  in  force 
till  changed  by  competent  authority.  The  powers  and  duties  of  all  civil  officers 
in  California,  except  so  far  as  they  may  have  been  modified  by  the  act  of  an- 
nexation, are  therefore  the  same  as  they  were  previous  to  the  conquest  of  the 
country.  As  the  laws  touching  the  subject  of  Town  Councils  (Ayuntamientos) 
may  not  be  of  convenient  reference,  I  am  directed  to  subjoin  a  few  of  their  pro- 
visions. The  number  of  members  for  each  town  cannot  exceed  6  alcaldes,  12 
council  men  (regidores),  1  collector,  and  2  treasurers,  (or  2  syndicos  ;)  to  change, 
however,  from  their  number  previously  established,  requires  the  assent  of  the 
Governor.  For  the  town  of  San  Francisco,  such  assent  is  hereby  given  for  any 
number  not  exceeding  the  provisions  of  the  law. 

The  council  is  charged  with  the  police  and  good  order  of  the  town,  the  con- 
struction of  roads,  the  laying  out,  lighting,  and  paving  of  streets,  the  construc- 
tion and  repair  of  bridges,  the  removal  of  nuisances,  the  establishment  of  public 
burying  grounds,  the  building  of  jails,  the  support  of  town  paupers,  the  grant- 
ing of  town  licenses,  the  examination  of  weights  and  measures,  the  levying  of 
municipal  taxes,  and  the  management  and  disposition  of  all  municipal  property. 
The  council  appoints  its  own  secretary,  who,  as  well  as  the  members,  before  en- 
tering upon  their  respective  duties,  must  take  the  usual  oath  of  office.  Each 
member  of  the  Council  is  bound  to  assist  the  alcaldes  in  executing  the  laws,  and 
is  individually  liable  for  any  mal-administration  of  the  municipal  funds,  provided 
he  voted  for  such  mal-administration.  A  full  account  of  the  receipts  and  ex- 
penditures of  the  council  must  be  kept,  and  at  the  end  of  each  year  submitted 
to  the  prefect  or  sub-prefect  of  the  district,  who,  after  his  examination,  will 
transmit  them  to  the  Governor,  for  file  in  the  government  archives.  In  case  of 
the  death  or  removal  of  any  member  of  the  council,  the  vacancy  may  be  sup- 
plied by  a  special  election  ;  but  if  such  vacancy  occur  within  three  months  of 
the  close  of  the  year,  it  will  not  be  filled  till  the  regular  annnal  election.  In 
case  of  the  suspension  of  the  members  of  the  council,  those  of  the  preceding 
year  may  be  reinstated,  with  their  full  powers. 

As  questions  are  frequently  asked  respecting  town  lots,  I  am  directed  to  say 
that  the  most  recent  law  on  the  subject,  that  can  be  found  in  the  government 
archives,  gives  to  the  council  (ayuntamiento)  power  to  sell  out  in  building  lots 
(solares)  the  municipal  lands  (propios)  which  have  been  regularly  granted  to 
the  town  ;  but  the  common  lands  (egidos)  so  granted  cannot  be  sold  without 
special  authority.  All  public  lands  without  the  limits  of  the  town  form  a  part 
of  the  public  domain,  and  can  be  disposed  of  only  by  authority  of  Congress. 

The  laws  require  that  the  results  of  elections  be  transmitted  to  the  Governor 
for  his  approval  and  placed  on  file  in  this  office.  This  is  not  always  a  useless 
form,  for  in  some  cases  it  is  necessary  to  accompany  legal  papers  with  certificates 
of  the  Governor  or  Secretary  of  State  that  certain  officers  have  been  duly  elected 
and  qualified — which  certificates  cannot  be  given  unless  the  requisite  evidence  of 
election  is  deposited  in  the  government  archives. 

By  order  of  Governor  Riley  : 

H.  W.  HALLECK, 
Brevet  Captain,  and  Secretary  of  State. 

Messrs.  R.  A.  Parker,  Frederick  Billings,  John  Servine,  W.  S.  Clark.  Stephen 
Harris,  B.  K.  Buckalew,  William  H.  Tillinghurst,  A.  J.  Grayson,  J.  P. 
Haven,  San  Francisco. 


110 


ADDENDA,  NO.  LXXVI. 


No.  LXXYI. 

Comparative  Table  of  the  Population  of  the  Pueblo  of  San  Francisco  and  of 
the  Mission  of  Dolores. 

PRESIDIAL  PUEBLO  OF  SAN  FRANCISCO.        INDIAN  NEOPHITES  AT  DOLORES. 


A.  D. 

Men. 

Worn. 

Boys. 

Girls. 

Total. 

Men. 

Worn. 

Boys. 

Girls. 

Total. 

*1794 

46 

33 

38 

26 

143 

*  355 

369 

110 

79 

913 

flSOO 

79 

49 

46 

49 

223 

f  315 

260 

32 

37 

644 

J1815 

125 

92 

74 

82 

373 

J  542 

391 

90 

92 

1115 

§1830 

59 

46 

13 

13 

131 

§140 

53 

13 

13 

219 

H  1842 

160 

ft* 

50 

||  1842 

... 

... 

... 

to 

100 

ft  .-. 

... 

to 

37 

SOURCES    OF   INFORMATION. 
California  Archives,  State  Papers,  Vol.  II  Missions,  page   35. 


t  «'  "  "  III        "  "    278. 

t  «  »  "  IV        "  "    372. 

§  "  "  "  V        "  "     297. 

IT  Census  of  San  Francisco,  A.  D.  1842,  ADDENDA,  No.  LV,  page  78. 

||  1  DeMofras,  page  318. 

**  1  DeMofras,  page  320.    ADDENDA,  No.  LXVII,  page  97. 

ft  ADDENDA,  No.  LV,  page  78.    There  were  only  37  Neophytes. 


ADDENDA,  NO.  LXXVII.  Ill 

No.  LXXVII. 

EARLY  OFFICERS   OF    SAN   FRANCISCO. 

It  will  be  convenient  to  have  in  a  complete  form  a  list  of  the  early  officers 
of  San  Francisco,  with  the  dates  of  their  terms  of  service.  The  following  list 
is  one  prepared  by  James  W.  Bingham,  Esq.  the  present  City  Clerk. 

On  the  third  of  November,  1834,  the  Departmental  Legislature  of  California 
passed  an  act  authorizing  the  election  of  an  Ayuntamiento  in  San  Francisco  ; 
in  pursuance  of  which,  Francisco  De  Haro  was  elected  First  Alcalde. 

The  second  election  took  place  November  27th,  1835,  when  Jose  Joaquin 
Estudillo  was  elected  First  Alcalde.  The  succeeding  Alcaldes  under  Mexican 
authority  (but  who,  in  many  instances,  were  Justices  of  the  Peace  exercising 
the  functions  of  Alcaldes)  were  : 

Francisco  Guerrero 1836. 

Y.  Martinez 1837. 

Francisco  De  Haro 1838. 

*  Francisco  De  Haro 1839. 

Francisco  Guerrero 1840. 

Francisco  Guerrero 1841. 

Francisco  Guerrero j  1842. 

Jesus  Noe ( 1842. 

Francisco  Sanches 1843. 

Guillermo  Hinkley 1844. 

Juan  N.  Padilla f  1845. 

Jesus  De  la  Caz  Sanchez (  1845. 

Jose  De  Jesus  Noe 1846. 

On  the  eighth  day  of  July,  1846,  San  Francisco  was  formally  taken  posses- 
sion of  by  Captain  John  B.  Montgomery,  commanding  the  United  States  sloop 
of  war  "  Portsmouth,"  by  whom  Lieut.  Washington  A.  Bartlett  was  appointed 
Chief  Magistrate,  or  Alcalde,  which  appointment  was  subsequently  ratified  by 
a  formal  election  by  citizens.  Mr.  Bartlett  held  the  office,  with  a  brief  interval, 
until  February,  1847.  His  successors  were  : 

Edwin  Bryant .February  22d  to  June,  1847. 

George  Hyde June,  1847,  to  April,  1848. 

J.  Townsend April  to  September,  1848. 

T.  M.  Leavenworth September,  1848,  to  August,  1849. 

John  W.  Geary August,  1840,  to  May,  1850, 

The  two  Ayuntamientos  immediately  preceding  the  incorporation  of  the  city 
were  composed  as  follows : 

*  NOTE.— The  first  official  survey  of  the  vicinity  of  the  landing,  or  water  front,  appears 
to  have  been  made  in  1836,  by  Capt.  John  Voiget,  by  direction  of  the  then  Alcalde,  and 
included  that  portion  of  the  present  city  lying  between  Montgomery,  Pacific,  Dupont  and 
Sacramento  streets;  Montgomery  Street  being  the  then  water  front. 


112 


ADDENDA,  NO.  LXXVII. 


AUGUST  GTH,  1849,  TO  JANUARY  10th,  1850. 

Horace  Hawes,  Prefect. 

Joseph  E.  Curtis,      )  Sub_PrefectSt 

Francisco  Guerrero,  f 

John  W.  Geary,  First  Alcalde, 

Frank  Turk,  Second  Alcalde. 


Thos.  B.  Winston, 
Samuel  Brannan, 
Alfred  J.  Ellis, 
Wm.  H.  Davis, 


Samuel  Brannan, 
Alfred  J.  Ellis, 
Hugh  0.  Murray, 
Jas.  S.  Graham, 


COUNCILMEN. 


Wm.  M.  Stewart, 
Henry  A.  Harrison, 
Bezer  Simmons, 
Gabriel  B.  Post. 


Eodman  M.  Price, 
Stephen  R.  Harris, 
John  Townsend, 
Talbot  H.  Green. 


JANUARY  HTH  TO  MAY  STH,  1850. 

John  W.  Geary,  First  Alcalde. 
Frank  Turk,  Second  Alcalde. 


COUNCILMEN. 


Wm.  H.  Davis, 
Wm.  M.  Stewart, 
F.  C.  Gray, 
Jas.  Hagan, 


Jonathan  Cade,  Sergeant-at-Arms. 


Mathew  Crooks, 
A.  M.  Yan  Nostrand, 
Frank  Tilford, 
Talbot  H.  Green. 
Henry  L.  Dodge,  Secretary. 


ADDENDA,  NO.  LXXVIH. 


113 


No.  LXXVIII. 

SCHEDULE  OF  GRANTS  BY  MUNICIPAL  AUTHORITIES  OF  SAN 
FRANCISCO,  BETWEEN  THE  YEAR  1835  AND  JULY  7TH,  1846. 


Date 
of  Grant. 

By  whom  signed. 

Grantee. 

Quantity. 

Description,  etc. 

1836. 
June    2 
July     8 
1837. 
Mar.  14 
Nov.     8 
Dec.    7 
1838. 
Mar.  30 
Dec.     1 
1839. 
Jan.    18 
April  18 
Dec.     1 
9 
1840. 
Jan.    15 
15 
15 
15 
16 
Aug.    4 
Nov.  18 
18 
18 
1842. 
Mar.    8 
8 
May    1 
Oct.  12 
1843. 
April 
April 
14 
15 
15 
July     3 
Aug.  15 
20 
Oct.   15 
Nov.  15 
Dec.  15 
Dec.  15 
15 
15 
27 
1844. 
Mar.  10 
April   1 
July  12 

Estudillo,  Alcalde  .  . 
<t            K 

Martinez,  Alcalde  .  . 
((           tt 

«           « 

DeHaro,  Alcalde.. 
K            ft 

t(           « 
«           t( 

Guerrero,  J.  de  P.  .  . 
(i            « 

<e                 tt 
it                 (i 
(                 tt 
<                 (t 
t                 tt 
(                 ft 
t                 « 
t                 ti 
(                 tt 

Sanchez,  J.  de  P.  .  . 
a           tt 

tt           tt 
ft           tt 

«           « 
tt           tt 
tt           tt 

W.  A.  Richardson.. 
J.  P.  Leese  

J.  Fuller 

100 
100 

100 

100 
200x50 

100 
200x50 

100x50 
100 

100 
50 
100 
100x50 
100x50 

50 
50 
50 

50 
50 
50 
50 

50 
50 
50 
50 
50 
100x50 
50 
200 
50 
50 
50 
50 
50 
50 
50 

100 
50 
50 

No.      In  Yerba  Buena 
No.  56              " 

No.  24              " 
No.  76              " 
No.     ? 

No.  49             " 

No.  49 

No.     ?             " 
No.     ? 
No.  19 

No.  18 

No.    7 
No.    3 
No.  50             "     • 
No.  23              " 
Back  Leese  house  " 
In  Yerba  Buena 

At  Dolores 
it 

tt 

tt 

No.  21    Yerba  Buena 
No.  20             " 
M.  Dolores 

No.  55  In  Yerba  Buena 
No.  31 
No.  51 
No.  32              " 
No.  33 
Nos.49,  30       " 
No.  16 
In  Dolores 
No.  15  In  Yerba  Buena 
No.    4 
No.  154             " 
No.      In  Yerba  Buena 
No.  53 
No.  54 
No.  35              " 

No.  26              " 
tt 

No.  139            " 

F.  Sanchez  
J.  Feil  

F.  Casares  

W.  Gulnac  

S.  Vallejo  

J.  Pena  
W.  Hinckley  

J.  C.Davis  

J.  P.  Leese.. 
J.  A.  Vallejo     .  . 

j  Vioget 

J.  Violet  

L.  Galindo 

F.  Gomez  

W.  Hinckley  

G.  Allen  

P.  Sherback 

C.  Moreno  

V.  Miramontes 

F.  DeHaro  

J.  Noe  

tt           tt 

tt           tt 

t           tt 
t           ft 
t           tt 

D.  Felis  
J.  Bautista  

W.  A.  Leisdesdorff. 

D.  Felis  

t           ft 
t           ft 
tt           tt 

Sanchez,  J.  de  P.  .  . 
ft            tt 

ft           tt 
tt            tt 

Hinckley,  Alcalde.. 
ft           ft 

tt           tt 

G.  Escolante.   . 

F.  Guerrero  

T.  Malla  

H.  Bee  

J.  Castaneda 

T.  Maya  

J.  Martin.  

C.  W.  Fluge  
J.  Briones  

R.  Ridley  . 

114 


ADDENDA,  NO.  LXXVIH. 


Date 
of  Grant. 

By  whom  signed. 

Grantee. 

Quantity. 

Description,  etc. 

1844 
July  12 
19 
Nov.  13 
Dec.    1 
15 
15 
17 
17 
21 
24 
24 
1845. 
April   9 
18 
May    3 
10 
10 
Aug.  10 
22 
Oct.   20 
Nov.  25 
30 
Dec.    4 
7 
1846. 
April  2 
22 
22 
May  14 
15 
20 
22 
22 
25 
28 
29 
30 
June    '\ 
6 
18 
19 
19 
19 
20 

Hinckley,  Alcalde.  . 
<«            « 

t<            tf 
ft            ft 
ft            K 
«            tt 
n            tt 
tf            K 
ft            n 
tt            ft 
tt            tt 

Padilla,  Alcalde.... 
x            tt 

tt            tt 
ft            tt 
tt            tt 

C.  Sanchez,  Alcalde. 

M 

It 

ft 
tt 
ft 

ft                          ft 

Noe    J   de  P  

J.  R.  Berry  
B.  Bias  &  J.  P.  Mesa 
C.  Glien  
E.  T.Bale  
J.  Rose  
A.  A.  Andrews  .... 

50 
50 
50 
50 
50 
50 
50 
50 
50 
50 
50 

50 
50 
50 
50 
50 
50 
50 
50 
50 
50 
100x50 
50 

100 
50 
50 
50 
50 
50 
50 
50 
50 
50 
100x50 
50 
50 
50 

No.  138    Yerba  Buena 
No.  17 
No.  7 
No.  136            " 
No.  83 
No.  104 
No.  84 
No.  37 
No.  58 
No.  134             " 
No.  59 

No.  174             " 
No.  66 
No.  161 
No.  44 
No.  86 
No.  25 
No                    " 

E   S    Bernal  

F.  P.  Dedmund  

W  Richardson.  .  .  . 

R.  Haro....  
T.  Smith  

J.  Pena  
E.  Sota  
L.  Pena  
F  Sanchez     

F  Le  Page 

W.  Fisher  

No.  61 
No.                   " 

No  74              " 

P  Estrada  

M  Pedrorena  .  . 

S.  Smith  

No.                   " 

G  Briones  

No.  5                " 

In  San  Francisco 
No.     In  Yerba  Buena 
Nos.  183,  184  " 
No.  22              " 
No.  189            " 
No.  27 
No.  140 
No.  195 
No.  191 
No.  8                " 
No.                   " 
No.  190 
No.  52              " 
No.  6                " 
No.  196 
No.  273            " 
No.  62              " 
No.  63 
No.  60              " 

R.  T.  Ridley  

W.  Leidesdorff.... 
J  A    Forbes. 

Sanchez,  J.  de  P.  .  . 
Noe   J   de  P 

H  Fitch  

«         n 

F.Haen&G.Dopling 
W.  Hinckley  

ft         tt 

tt         ft 

E.  Grimes  

tt         ft 

M  Fernandez  ....    . 

n          f 
ft          t 

if          t 

W.  Hinckley  

tt      ,     t 

L  Galindo.             . 

tt          t 
tt         tt 
tt         it 
tt         tt 
tt         n 
tt         tt 
tt         tt 

S.  Smith  

J.  M.  S.  Maria  
M.  E.  Mclntosh.... 
D.  Garcia  

F.  Hoen  
J.  Allig  
J.  Yuvain  

ADDENDA,  NO.  LXXIX.  115 


No.  LXXIX. 

COLONIAL  GOVERNORS  OF  CALIFORNIA. 

From  the  First  Spanish  Governor  on  Record  to  1849. 

1.  SPANISH  GOVERNORS. — 1767-1822. 

1.  Caspar  de  Portala from  1767  to  1771 

2.  Felipe  Barri from  1771  to  Dec.     1774 

3.  Felipe  de  Neve from  Dec.     1774  to  Sept.    1782 

4.  Pedro  Fajes from  Sept.    1782  to  Sept.    1790 

5.  Jose'  Antonio  Romeu from  Sept.    1790  to  April,  1792 

6.  Jose'  Joaquin  de  Arrillaga from  April,  1792  to  May,    1794 

7.  Diego  de  Borica from  May,    1794  to  1800 

8.  Jose  Joaquin  de  Arrillaga from  1800  to  1814 

9.  Jose'  Arguello from  1814  to  1815 

10.  Pablo  Vincente  de  Sola from  1815  to  Nov.    1822 

2.  MEXICAN  GOVERNORS. — 1822-1846. 

1.  Pablo  Vincente  de  Sola from  Nov.     1822  to  1823 

2.  Luis  Arguello from  1823  to  June,   1825 

3.  Jose'  Maria  de  Echeandia from  June,   1825  to  Jan'y,  1831 

4.  Manuel  Victoria from  Jan'y,  1831  to  Jan'y,  1832 

5.  Pio  Pico from  Jan'y,  1832  to  Jan'y,  1833 

6.  Jose  Figueroa from  Jan'y,  1833  to  Aug.    1835 

7.  Jose'  Castro from  Aug.    1835  to  Jan'y,  1836 

8.  Nicolas  Gutierrez from  Jan'y,  1836  to  May,    1836 

9.  Mariano  Ciiico from  May,    1836  to  1836 

10.  Nicolas  Gutierrez from  1836  to  1836 

11.  Juan  B.  Alvarado from  1836  to  Dec.     1842 

12.  Manuel  Micheltorena from  Dec.     1842  to  Feb.     1845 

13.  Pio  Pico from  Feb.     1845  to  July,    1846 

3.  AMERICAN  MILITARY  GOVERNORS. — 1846-1849. 

1.  COMMODORE  JOHN  D.  SLOAT  hoisted  the  American  flag  at  Monterey  July, 
7th,  1846,  and,  by  proclamation,  took  formal  possession  of  California  in  the  name 
of  the  United  States  Government. 

2.  COMMODORE  ROBERT  F.  STOCKTON. — Proclamation  dated  at  Los  Angeles, 
August  17th,  1846. 

3.  COLONEL  JOHN  C.  FREMONT. — Appointed  by  Commodore  Stockton  Jan- 
uary, 1847. 

4.  GENERAL  STEPHEN  W.  KEARNEY. — Proclamation  dated  at  Monterey,  March 
1st,  1847. 

5.  COLONEL  RICHARD  B.  MASON. — Proclamation  dated  at  Monterey,  May 
31st,  1847. 

6.  GENERAL  BENNET  RILEY. — Became  Military  Governor  April  13th,  1849. 

The  treaty  ceding  California  and  New  Mexico  to  the  United  States  was  dated 
at  the  City  of  Guadalupe  Hidalgo,  February  2d,  1848  ;  exchanged  at  Queretaro, 
May  30th,  1848  ;  ratified  by  the  President,  March  16th,  1848;  and  proclaimed  by 
the  President,  July  4th,  1848.  The  State  Constitution  adopted  November,  1849  ; 
went  into  effect  December  15th,  1849.