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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 400 varas square, nor less than one hundred, shall be given out of the common lands of the missions; and in community 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 proportionably 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.
ÅRT. 9. From the common mass of this property the subsistence of the nissionary padres, the pay of the mayordomos, and other servants, 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 conservation 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 implements.
Art. 12. The library, sacred dresses, ornaments, and furniture of the church, shall be put in charge of the missionary padre, under the responsibility 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 necessary 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 indispensable common labor which, in the opinion of the governor, may be judged necessary for the cultivation of the vineyards, orchards, and cornfields, which, for the present, remain undisposed of until the resolution of the supreme government.
Art. 17. Said emancipated Indians will render to the missionary priest the necessary personal service for the attention of his person.
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 contracts may be made against these orders shall be of no value: the government will reclaim the property as belonging to the tation, 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.
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.
And in order that these regulations be exactly complied with, the following order shall be ob erved: .
As soon as the commissioners receive the order and their appointment they will present themselves in the respective missions and commence the execution of the plan, conforming themselves in all respects to the tenor thereof and to these orders. They will manifest their respective credentials to the priest in charge of the mission and act in concert with him, hehaving towards him with the harmony, politeness, and respect which are his
due. Second. The priests will immediately deliver, and the commissioners receive, the cash books, accounts, and other documents relative to property and debts owing by and to the missions. They will afterwards proceed to make out the general inventories (agreeable to article 13 of these regulations) of all property on hand, including the buildings, church, workshops, and other premises, with distinction of what belongs to each department; that is, the utensils, instruments, or ornaments which belong to each. After enumerating all that belongs to the establishment, they will continue with the things belonging to the country; that is, landed property, such as vineyards, orchards, with the number of trees if possible, mills, fences, &c.; after this the cattle and all thereunto belonging. But, as it will be difficult to count said cattle, on account of the nunber, and want of horses, they shall be examined by two intelligent persons of probity, who will calculate as near as they can the nomber of each kind; and this shall be put in the inventory. As soon as anything is put into the inventory, it shall be taken out of the charge of the priest and placed at the disposal of the commissioner or mayordomo; but no innovation shall be made in the order of labor and servants until experience may render it necessary, excepting in such common matters as are commonly varied whenever it may be necessary.
Third. The commissioner, in conjunction with the mayordomo, will see that all superfluous expenses cease, and that a well regulated economy be established in everything which merits reform.
Fourth. Before making an inventory of the outside or country property, the commissioners will endeavor to explain to the Indians, with suavity and patience, that the missions are going to be converted into pueblos; that they will only remain subordinate to the priest in matters in relation to the spiritual administration; that the lands and property will be divided out among them, so that each one may work, maintain, and govern himself without dependance on any one; that the houses in which they live will become their own property; and that, in order to this, they must submit to what is commanded in these regulations, and orders, which must be explained to them in the best possible manner. They will likewise have immediately divided out to them the lots for cultivation, agreeable to the fifth article of these regulations. The commissioner, padre, and mayordomo, will select the locality where this is to be, choosing the best and nearest to the mission; and they will give to each the quantity of land which they can cultivate, according to their aptness and family, without exceeding the maximum stipulated. They will likewise see that each person marks his land in the manner most convenient to him.
Fifth. The debts (of the mission) shall be paid out of the common mass of the property on hand; but neither the commissioner nor the mayordomos shall do this without an express order from the government, which must be informed in preference, respecting the matter, in order that it may resolve, and in view thereof determine, the number of cattle which is to be divided out amongst the neophytes, in order that it may take effect as soon as possible, according to what is stipulated in article sixth.
Sixth. The implements and tools necessary for cultivating the soil shall be divided out in the quantity mentioned in article 7, either in community or individually, as may appear best to the commissioner and the priest. The grain shall remain undivided, and be served out to the Indians in the usual rations.
Seventh. What is called the nunnery shall immediately be abolished, and the girls therein shall be delivered over to their parents, recommend ing to them the care which they ought to take of them, and explaining to them their obligations as parents. The same shall be done with respect to the boys.
Eighth. The commissioner, after having acquired the necessary information and acquaintance, will, as soon as may be proper, report to this government one or more individuals whom he may consider apt and honest for mayordomos, according to article Sth, whether they be the same who are actually employed in the missions or others. He will like
wise suggest the amount of salary which he thinks they ought to receive, according to the labor of each mission.
Ninth. The rancherias situated at a distance from the missions, and containing more than twenty-five families, may, if they choose, form a separate pueblo, and the distribution of lands and property shall there take place in the manner pointed out for the rest. The rancherias which do not contain twenty-five families, although they remain where they now reside, will form a district or ward, and belong to the nearest pueblo.
Tenth. The commissioner will make known the number of souls in each pueblo, in order to designate the number of municipal officers, and to order the elections to be made, which shall be carried on, as far as possible, in the manner prescribed by the law of 12th June, 1830.
Eleventh. The commissioners will take all such executive measures as the state of affairs may demand, and inform the government; and in doubtful or grave affairs they will consult it.
Twelfth. In all other respects the commissioners, the padres, the mayordomos, and Indians, will act in conformity with these regulations.
APPENDIX No. 15.
In the extraordinary session of the most excellent California deputation,
held in Monterey on the 3d of November, 1834, the following regulations were made respecting the missions which had been secularized agreeable to the supreme order of the 17th August, 1833, and the provisional regulations of Governor Figueron 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 priest 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 niission and presidio annexed; San Carlos, united to Monterey; Santa Clara, joined to San José de Guadalupe, and San José, 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 Frues and la Purissima, San Luis Obispo, San Miguel, San Antonio and La Solidad, San Juan Bautista, Santa Cruz, San Francisco de Asis, and the presidio.
ART. 3. Agreeable to the 8th and 9th articles of said law, the reverend father commissary prefect, Father Francisco Garcia Diego, shall establish his residence in the capital, and the governor (gese politico) shail 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.
Art. 7. From the common stock of the property of the extinguished missions, 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 the curates, for the court-house, schools, public establishments, and workshops.
ART. 10. The other matters to which the observations of the reverend padre, Fr. Narciso Daran, extend, as they are of easy resolution, will be settled by the governor, who is authorized to do so by the provisional regulations.
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.
APPENDIX No. 16.
Mexican decree of the 7th November, 1835.
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."
APPENDIX No. 17.
Governor Alvarado's regulations respecting missions, January 17, 1839.
The fact of there not having been published in due season a set of regulations, to which the management of the administrators of the mis. sions ought to have been subject from the moment that the so-called secularization was attentpted, having caused evils of great transcendency to this Upper California, as these officers, authorized to dispose without