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 consequence 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 Fernando, 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, &c.

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.

OF ALIENATION.

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 de

partmental 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.

OF RENTING.

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 8th 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.

ART. 16. The obligations of the rentees are: 1st. To pay promptly and quarterly, when due, the amount of the rent. 2d. To deliver back, with improvements, 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 of the rentees--one of which is the payment of the damages which the government may be obliged to find against them, agreeable to article 13.

OF THE INDIANS.

ART. 17. The Indians are free from the neophytism, and may establish themselves in their missions or wherever they choose. They are not obliged to serve the rentees, 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.

ART. 18. The Indians radicated in each mission shall appoint from amongst themselves, on the 1st 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, agreeable to the decree of 4th July last, If the overseers do not perform the duty well, they shall be replaced by others to be appointed by the justice of the peace, with previous permission from government, and will remain in office for the remainder of the year in which they were appointed.

ART. 19. The overseers shall appoint every month, from amongst the rest 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 Barbara, 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 month out of the part of the rent belonging to the Indians.

ART. 20. The Indians who possess portions of land, in which they have their gardens and homes, will apply to this government for the respective title, in order that the ownership thereof may be adjudicated to them, it being understood that they cannot alienate said lands, but they shall be hereditary amongst their relatives, according to the order established by the laws.

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 exempted from the burdens mentioned in article 18, but they shall lend their services in the churches at the masses and the functions which may occur.