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cept 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 necessaries mentioned in the lists of the mayordomos, taking into consideration the stock of each establishment.
Art. 27. To draw 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 all other persons who may have to apply to government respecting any business relative to said establishments.
Arr. 29. He will pay the salaries of the mayordomos and other servants, take care that they fulfil their obligations, and propose to government, in conjunction 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.
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 goverment 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 fulfilling these 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.
APPENDIX No. 19.
Extracts from General Mitcheltorena's proclamation of the 29th of
March, 1843, ordering the majority of the missions to be again placed in charge of the priests, in consequenre of an arrangement entered into between said governor and the different prelates of said missions.
ARTICLE 1. The government of the department will order the missions of San Diego, San Luis Rey, San Juan Capistrano, San Gabriel, San Femando, San Buenaventura, Santa Barbara, Santa Cruz, la Purissima, San Antonio, Santa Clara, and San José, to be delivered up to the very reverend padres whom the respective prelate may appoint to each of them, and said missions shall in future continue to be administered by the very reverend padres, as tutors to the Indians, in the same manner as they held them formerly.
Art. 2. As policy makes irrevocable what has hitherto been done, the missions will not claim any lands already granted up to this date; but they will collect the cattle, property, and utensils, which may have been lent by the priests or administrators, settling the time and manner in a friendly way with debtors or holders.
Art. 3. They will likewise take care to gather together the dispersed Indians, excepting, first, those legally emancipated by the superior departmental government; second, those who, at the date of this decree, are in the service of private persons, it being understood that even both these classes, if they voluntarily wish it and prefer returning to their missions, shall be admitted and protected with the knowledge of their masters and of the reverend missionaries.
Art. 4. The departmental government, in whose possession the missions have been up to this date, in virtue of the very ample faculties with which it is invested, authorizes the reverend padres to provide out of the produce of the missions for the indispensable expenses of the conversion, aliment, clothing, and other temporal necessities of the Indians, and to take from the same funds the moderate part which they may require for their own sustenance, for the economical salary of the mayordomo, and for the maintenance of divine worship, on the condition that they oblige themselves on their honor and conscience to deliver to the public treasury (notice first being given to this government by the reverend padres, and an express order in writing, signed by the undersigned, governor, commandant general, and inspector) for assistance, aliment, clothing for the troops, and wants of the civil officers, the eighth part of the total annual produce of every description; and they will take care to present, at the end of the year, an exact and true account of the number of neophytes' cattle property, and all kinds of fruits, or its representative value, belonging to each mission.
ART. 5. The departmental government, which prides itself in being religious, and at the same time entirely Californian, and, as such, interested in the same manner as each and every one of the inhabitants of both Californias, in the progress of the holy Catholic faith and prosperity of the country, offers all its power for the protection of the missions, and, as commandant general, the force of arms to escort, defend, and sustain them, as it will likewise do in respect to individual and particular property and guaranties, securing to the owners thereof the possession and
preservation of the lands which they this day hold, and promises not to make any new grants without the information of said authorities of the reverend padres, notorious unoccupancy, want of cultivation, or necessity.
APPENDIX No. 20.
Decree of the Departmental Assembly of 28th May, 1845, respecting the renting of some of the missions, and converting others into pueblos, fc.
ARTICLE 1. The departmental government shall call together the Indians of the missions of San Rafael, Dolores, Solidad, San Miguel, and la Purissima, 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 occupying and cultivating them; and they are informed that, if they fail to do so, said missions will be declared to be without owners, (mostreneas) and the assembly and departmental government will dispose of them as may best suit the general good of the department.
2. The Carmelos, San Juan Bautista, San Juan Capistrano, and San Francisco Solano, shall be considered as pueblos, which is the character they at present have; and the government, after separating a sufficient locality for the curate's house, for churches and appurtenances, and a court-house, will proceed 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.
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 establishments move prosperously onwards. These respective Indians will consequently 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 must necessarily designate for them, or in the employ of any other private person.
4. The principal edifice of the mission of Santa Barbara is excepted from the renting mentioned in the foregoing articles; 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 the total rent of the other property of the mission shall be invested for the benefit of the church, and for the maintenance of its minister, and the other half for the benefit of its respective Indians.
5. The product 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.
6. The third part mentioned in the fifth article as destined for the maintenance 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 distributed equitably in the beforementioned objects.
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 government 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.
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 of August, 1844, and dispose of the same for the object mentioned in the last part of the 5th article.
APPENDIX No. 21.
Governor Pico's regulations for the alienation and renting of the missions,
dated October 28, 1845.
ARTICLE 1. There will be sold in this capital, to the highest bidder, the missions of San Rafael, Dolores, Soledad, San Miguel, and la Purissima, which are abandoned by their neophytes.
Art. 2. Of the existing premises of the pueblos of San Luis Obispo, Carmelo, San Juan Bautista, and San Juan Capistrano, and which formerly belonged to the missions, there shall be separated the churches and appurtenances-one part for the curate's house, another for a court-house and a place for a school, and the remainder of said edifices 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 preference 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, Purissima, and San Juan Capistrano shall take place on the first four days of the month of December next, notices being previously posted up in the towns of the department 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 maintenance of religious worship, agreeable to article 2d of the decree of the departmental assembly.
Art. 7. The missions of San Fernando, San Buenaventura, Santa Barbara, and Santa Ines 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 towns, in order that by the Sth 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, outdoor property, implements of agriculture, vineyards, orchards, workshops, and whatever, according to the inventories made, belongs to the respective missions, with the mere exception of those small portions of land which have always been occupied 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 house, the court-house, and place for a school. In the mission of Santa Barbara no part of the principal edifice shall be included which is destined for the habitation 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 workshops, 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 worship; 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 José 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 RENTEES.
Art. 15. The renters shall have the benefit of the usufruct of everything delivered to them on rent according to these regulations.