missions, while the territorial government assumed to itself the administration of all their temporal affairs. To each head of family, and to all over the age of twenty-one years even when having no family, was to be assigned a lot of land not exceeding four hundred varas square, nor less than one hundred varas, out of the common lands of the missions. Common lands, (egidos,) and, when convenient, municipal lands (propios) also, were to be assigned to each pueblo. One-half of the stock, seeds, and agricultural implements of the missions was to be distributed to individuals in the same way; all other lands and property to remain at the disposal and direction of the governor. The fiscal affairs of these new pueblos were to be under the direction of ayuntamientos, while the legal matters were to be decided by the primary judges of the nearest towns. The emancipated Indians were to assist in the cultivation of the common grounds of the new pueblos, but were prohibited from selling any of the lots or stocks assigned to them by the government. All contracts made by them were declared null and void, and the property sold by them was to be reclaimed by the government as national propertythe purchasers losing their money. If these Indians died without heirs, their property reverted to the nation.-(Vide appendix No. 14.) In the extraordinary session of the legislature at Monterey, November 3, 1834, these provisional regulations (except that relating to the personal services of the Indians to the priests) were confirmed, and others formed marking out the different curacies, defining the salaries of the priests, &c.-(Vide appendix No. 15.) The whole direction of the temporal affairs of these missions was transferred from the priests to civil officers, called administrators, who were stationed in the missions, and who, under the general direction of the government, were to manage the property of these establishments for the benefit of the Indians. They, however, were prohibited from making any sales of mission property without the express orders of the government.

On the 7th of November, 1835, a decree of the supreme government directed that the execution of the law of August 17 be suspended until the curates mentioned in article 2 should take possession.-(Vide appendix No. 16.)

Governor Alvarado's regulations of January 17, 1839, declare null and void all debts contracted by these administrators without the previous: consent of the government. On the 1st of March, 1840, he made new regulations for the government of the missions-replacing the administrators by major-domos, and defining the powers and duties of the latter over these establishments. Both of these sets of regulations seemed designed merely to carry out the provisions of the previous laws and decrees. (Vide appendix Nos. 17 and 18.)

On the 29th of March, 1843, Governor Mitcheltorena ordered twelve of these missions to be delivered up to the direction and management of the priests the same as formerly. The mission lands which had been granted previous to that date, and in accordance with the law, were not to be reclaimed; but all the cattle, property, and utensils of the missions which had been let out were to be restored to these establishments. Oneeighth part of the total annual produce of these missions was to be paid into the public treasury for the support of the government troops and civil officers. (Vide appendix No. 19.) By a decree of the departmental assembly, May 28, 1845, it was directed that certain missions (four

in number) be considered as having already been converted into pueblos, and that their premises (except the reservations already mentioned) be sold at public auction. It was also directed that if the Indians of five other missions mentioned in the decree did not, after one month's public notice by proclamation, unite for the purpose of occupying and cultivating the said missions, these missions also should be declared unoccupied, and be disposed of as the assembly and departmental government should deem best for the general good; the remainder of the missions in Upper California (with the exception of the principal edifice at Santa Barbara) to be rented out at the option of the government-care being taken to secure their prosperity; one-half of the total rent of the mission of Santa Barbara was to be invested for the benefit of the church and the support of of its minister, and the other half for the benefit of its Indians. Of the rents of the other missions, one-third was to go to the priest and church, one-third to go to the benefit of the Indians, and one-third to be devoted to education and public beneficence, as soon as the legal debts of each mission were paid.-(Vide appendix No. 20.)

On the 28th of October, 1845, Governor Pico advertised for sale, to the highest bidder, five of the missions, and directed that, as soon as certain edifices of four other missions were selected for specified objects, the remaining edifices of these four establishments should also be sold at public auction. The day of sale and the manner of giving notice are specified in the regulations. Four other missions were to be rented to the highest bidder for the term of nine years. All the lands, vineyards, orchards, workshops, implements of agriculture, and other property of these missions, were to be included in the renting; but the principal edifice of the. mission of Santa Barbara, and the churches, with the appurtenances, the court-houses, curates' houses, school houses, and the small portions of land occupied by certain Indians in each of the missions, were excepted in the order for renting. The proceeds of these rents were to be divided into three parts, and disposed of as has already been mentioned.

The renters were to pay their rents punctually and quarterly; and, at the expiration of the nine years, were to deliver back, with improvements, and in a serviceable order, the property of the missions. They were to return the same number and description of cattle as received, and of such an age as not to embarrass the procreation of the following year. Before they could receive these establishments they were to give bonds to the satisfaction of the government, conditioned on the fulfilment of their obligations, and the payment of such damages as the government should find against them. The government reserved to itself the right of taking care that these establishments should prosper; in virtue of which right, it would take such measures as might be necessary to prevent their distribution, ruin, or decline, during the period of their renting. Six other missions, whose names are given, were to be rented in the same manner, as soon as their debts could be arranged.-(Vide appendix No. 21.)

A decree of the departmental assembly, April 3, 1846, authorized the application of the laws of bankruptcy to certain missions; and if necessary, to prevent their total ruin, their sale at public auction, the customary notice being previously given.

A portion of the lands and other property of these missions were to be set apart for the maintenance of the priests, and the support of public worship. But this act was in no way to interfere with what had already

been done under the previous decrees of the assembly. Six months at farthest were allowed for its fulfilment.-(Vide appendix No. 22.)

In 1846, after the adjournment of the departmental assembly, for want of a quorum, and the flight of Governor Pico from the country, Captain Flores, who assumed to be governor ad interim, organized a kind of provisional legislature, which body, on the 30th of October, passed a decree annulling the sales of missions made by Pico, and authorizing the governor ad interim to mortgage these establishments for the purpose of raising loans of money to carry on the war. But, as these proceedings took place several months after the United States had taken possession of the country, they were evidently illegal, and of no force.-(Vide appendix No. 23.) It appears from the documents and laws to which I have referred1. That since the 17th of August, 1833, the missions of California have been regarded as national property, and held at the disposal of the govern

ment.

2. That, when thus made the property of the nation, they could be disposed of by the territorial government only in accordance with the colonization laws of 1824 and 1828, or under the authority of some special law of the Mexican Congress..

3. That the territorial or departmental legislature, basing its authority on the laws of the Mexican Congress, has authorized the governor, on specified conditions, to convert certain of these missions into pueblos, to sell some, and rent others.

4. That the territorial or departmental governors, acting under the authority of the legislature, has converted certain of these missions into pueblos, and sold and rented others, establishing certain conditions or regulations for the conversion, sale, or renting of these establishments. 5. That where any of these missions have been regularly converted into pueblos, the municipal lands, or lands lying within the limits of the town grant, (fundo legal para pueblo,) are to be disposed of in solares, or building lots, according to the provisions of the law applicable to such cases. The common lands, granted to these towns, must remain as such until the legislature converts them into municipal lands, or otherwise authorizes their sale; and all lands lying without these town limits can be disposed of only in accordance with the laws and regulations of 1824 and 1828.

6. That the land set apart for the priest, in each mission, could not exceed two hundred varas square; nor could more than four hundred varas square be granted to any one individual.

7. That the lands granted to Indians were merely for the use of themselves and of their descendants; that they could in no way be disposed of by them, but when abandoned they reverted to government.

8. That all sales of mission property by the Indians are null and void. 9. That no civil agent or administrator could dispose of mission property, or contract debts in the name of the missions, without the previous authority of the government.

10. That no lease of a mission or of mission property is made in conformity to law, unless bonds have been given to the satisfaction of the government, conditioned for the fulfilment of the obligations of the lessee.

12. That the renters of the missions are bound by certain regulations, respecting the care and preservation of the mission property.

13. That the rents are to be paid punctually and quarterly, one-third

(in Santa Barbara one-half) to the padres, prefects, or their authorized agents, and the other two-thirds into the public treasury, to be expended for certain specified objects.

14. That government has reserved to itself the right to take such measures as may be necessary to prevent "the destruction, ruin, or decline" of the missions "during the period of their renting," and that, therefore, if the renters, previous to the expiration of their leases, be found injuring or destroying the mission property, the government may eject them.

15. That the mission lands and other property which have not been sold in accordance with the provisions of law, are still the property of government, and may be disposed of accordingly. Such was the legal condition of the missions of California when, on the 7th of July, 1846, the American flag was raised in Monterey, and the country taken formal possession of in the name of the United States. Nor has this condition been in any way changed by the American authorities since the conquest. Soon after General Kearny assumed the civil government in California, representations were made to him, from the most respectable sources, that the grants and sales of mission property by Governor Pico, just as he was leaving the country, were without the authority of law, and that, though actually made after the 7th of July, 1846, they had been antedated in order to give them the semblance of legality. These titles were not recorded in the usual book of records in the government archives; but purported to be recorded in some other book, which, as yet, has never been found. Speculators had bought up these doubtful titles, and now demanded to be put in possession of their property. Under these circumstances, General Kearny issued a decree on the 22d of March, 1847, directing that certain missions, so claimed, be left in the hands of the priests until the proper tribunal should be organized to determine on the validity of these titles.-(Vide appendix No. 24.) In other cases, where the claimants were in actual possession, they were allowed to remain, but with the express understanding that this permission should in no way affect the legality of their titles. Those, also, who were found holding mission property on lease were left in quiet possession, except the renter of the mission of San Buenaventura, who, being detected in selling and destroying the property of the mission, to its injury and almost total ruin, was ejected by the commanding officer of the southern military district. Towards the close of 1847, it was reported to the governor that the priest of the mission of Santa Clara was selling the lands of that mission. He was immediately called upon for his authority for making such sales, and being unable to give any that was deemed satisfactory, the governor declared all sales made by him of mission lands to be illegal, null and void.-(Vide appendix No. 25.)

Again, in 1848, it being reported that the alcalde of Santa Barbara had attempted to give legal possession to some of the owners of doubtful titles to mission property, notice was given both to the alcalde and the claimants that this act of the alcalde was null and void; no alcalde in California having authority to give any legal force to claims to public lands in this territory.-(Vide appendix No. 26.)

3d. Titles to lands which will probably be required for fortifications, arsenals, or other military structures for the use of the general government of the United States.-The board of officers for determining sites for permaneat fortifications, arsenals, navy-yards, &c., on this coast, has not yet

9

completed its éxaminations, and the only accessible official information. on this subject is a report of a military reconnoissance of the coast of California, ordered by General Kearny in the winter of 1847. The most southern point in Upper California there recommended for occupation by permanent works of defence, is the entrance to the bay of San Diego. On the north side of this entrance, which is probably the most favorable position for works of military defence, are the remains of old "Fort Guejarros, "built by the Spaniards some seventy years ago. This fort, though never of much value in itself, was occupied nearly up to the time the United States took possession of the country; and all the ground in the vicinity is still regarded as public property, no person, so far as is known, having any claim to it.

Monterey is the next point on the coast deemed of sufficient importance at the present time for permanent works. The old battery (San Carlos) at that place was built soon after the establishment of the mission of the same name, (1770,) and, though much dilapidated, was maintained up to about the time the Americans took possession of the country. Another battery in rear of, and auxiliary to this, was begun by the Mexicans previous to July 7, 1846, and afterwards enlarged by the Americans and occupied by them, without intermission, to the present time. Copies of the several claims to the land on which these batteries are situated, or which die so immediately in the vicinity as to be necessary for the public service, if the batteries themselves are retained, are given in appendix No. 27, papers 1, 2, 3, 4, and 5, and the accompanying letters of the alcalde, dated March 23, June 14, and August 10, 1848. It appears from these papers that titles Nos. 1, 2, 3, and 4 were given while Monterey was in possession of the American troops, and by an alcalde who was an officer in the United States navy; that Nos. 1 and 2 were given while the troops were occupying and holding the ground so deeded away, and after both seller and buyers had been informed that the land would be required for government purposes.-(Vide appendix No. 28.) With regard to the extension of the town limits, said by the alcalde to have been made by the territorial legislature some twelve years since, I would remark that no trace of it is found in the recorded proceedings of that body, nor in the arch es of this office, although these records of legislative proceedings seem to be quite perfect, from about the year 1823 to July 8, 1846, nor can I find any verbal testimony to prove the existence of such decree of extension. The alcalde's right to sell or deed away the lands alluded to, will therefore rest most probably upon the "rule of Rob Roy," as given at the close of his. letter of June 14, and which he seems to think constitutes the only legal authority which has governed in these matters.

Unfortunately for the plea set up by the alcalde, the laws relating to the granting of lands in California are, as has already been shown, very minute and perfect, resting upon no such doubtful authority as that of Rob Roy, but upon positive and definite decrees of the Mexican Congress, and the subordinate but no less distinct enactments of the territorial legislature-laws which seem to have been perfectly understood and pretty generally obeyed here previous to the irregular proceedings springing out of the mania for land speculations following the conquest of the country by the Americans. By a review of these laws, it will be seen· that no municipal authority can dispose of lands beyond the limits of a town grant, (fundo legal, para pueblo,) nor can they sell any lands within