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I am acquainted with all of the facts relative to the distribution of the proceeds of the judgment obtained in the case of Amat v. Mexico, referred to in said pontifical document, and am personally cognizant of the fact that distribution of all the said proceeds was made in strict conformity with the terms of said instrument, and myself supervised the distribution of seven out of fourteen of the installments thereof, having received the necessary receipts from all of the parties in interest. PATRICK WILLIAM RIORDAN.
Sworn to and subscribed before me this 16th day of September, 1902. JOHN W. GARRETT, Secretary of Legation.
LEGATION OF THE UNITED STATES,
The Hague, Holland, ss:
I, John W. Garrett, secretary of the legation of the United States of America at The Hague, Holland, and duly commissioned and sworn as such, do hereby certify that I have no interest in the claim to which the testimony heretofore annexed relates, and that I am not the agent or attorney of any person having any interest in said claim; that on the sixteenth day of September, A. D. 1902, before me, as such secretary of the legation at The Hague, Holland, personally came Patrick William Riordan, the witness named in and whose name is subscribed to the annexed deposition; that the said Patrick William Riordan was thereupon then and there sworn by me in due form of law, as a witness in the matter of the claim above mentioned therein, to testify and declare the truth, the whole truth, and nothing but the truth, and the said witness, having been so by me duly sworn, then and there deposed to the matter contained in his said deposition' annexed hereto and identified by my signature. I further certify that the witness, Patrick William Riordan, is personally well known to me and known by me to be a credible and truthful witness. I further certify that the testimony of the said witness was then and there reduced to writing in my presence by J. J. Haledon Rix, a person having no interest in, and not being the agent or attorney of any person having an interest in, the claim above mentioned, and that the said depositions were then and there carefully read by me to the said witness, and being signed by me was then and there signed by the said witness in my presence. I further certify that the exhibit of the affidavit of P. E. Mulligan was exhibited to the said witness, together with the annexed Latin exhibit and translation thereof, and marked by me as an exhibit hereto, was then and there produced and shown to the said deponent and by him deposed unto, and that the said exhibits are the same exhibits referred to by the said witness in his said deposition. The deposition of said Patrick W. Riordan was reduced to writing in the form of typewriting, and signed by him, and is annexed to this certificate.
In witness whereof I have hereunto set my hand and affixed the seal of the said legation this sixteenth day of September, A. D. 1902, at The Hague, Holland, aforesaid.
JOHN W. GARRETT,
EXHIBIT NO. 1--J. W. G.
STATE OF CALIFORNIA,
City and County of San Francisco, ss:
I, P. E. Mulligan, secretary of the Roman Catholic archbishop of San Francisco, Patrick W. Řiordan, incumbent, hereby certify that as said secretary I have in my possession and am the custodian of all the books, records, files, papers, and documents of the said Roman Catholic archbishop of San Francisco, and that the annexed document is a full, true, correct, and verbatim copy of the pontifical decree directing the distribution of the monies of the Pious Fund, which said pontifical decree is among the files, papers, and documents of the said Roman Catholic archbishop of San Francisco.
In witness whereof I have hereunto set my hand and affixed the seal of the Roman Catholic archbishop of San Francisco at the city and county of San Francisco, State of California, this twenty-ninth day of August, A. D. 1902.
STATE OF CALIFORNIA,
City and County of San Francisco, ss:
P. E. MULLIGAN.
P. E. Mulligan, being first duly sworn, deposes and says: That he is the secretary of the Roman Catholic arch bishop of San Francisco, Patrick W. Riordan, incumbent, and that the facts stated in the foregoing certificate are true and correct.
P. E. MULLIGAN.
Subscribed and sworn to before me this 29th day of August, 1902.
Notary Public in and for the City and County of
STATE OF CALIFORNIA,
City and County of San Francisco, 88:
I, Albert B. Mahony, county clerk of the city and county of San Francisco, State of California, and ex officio clerk of the superior court thereof (which court is a court of record, having a seal), do hereby certify that John P. Cashin, whose name is subscribed to the annexed instrument and thereon written, and before whom the annexed oath or affidavit was taken, was at the time of taking such oath or affidavit a notary public in and for the city and county of San Francisco, residing in said city and county, duly authorized to take the same, and an officer duly authorized by the laws of said State to take and certify the acknowledgment and proof of deeds to be recorded in said State. And further, that I am well acquainted with the handwriting of such officer, and verily believe that the signature to such jurat or certificate is genuine.
In witness whereof, I have hereunto set my hand and affixed the seal of the said superior court at my office in said city and county this 29th day of August, A. D. 1902.
ALBERT B. MAHONY, Clerk.
EXHIBIT No. 2.-J. W. G.
EX. AUDENTIA SSMI HABITA DIE 4 MARTI, 1877.
SSmus Dominus Noster Pius Divina Providentia P. P. IX referente me infrascripto S. Congnis de Progaganda Fide Secretario auditis riteque perpensis iis omnibus, quae a RR. PP. DD Archiepiscopo S. Francisci et Episcopo Vallispratensi ex una parte, atque a R. P. D. Episcopo Montereyensi et Angelorum ex alia relata fuerunt quoad distributionem pecuniae summae a Mexicano Gubernio solvendae tribus praefatis Diocesibus provinciae ecclesiasticae Sancti Francisci in Superiori Caliphornia, juxta arbitramentalem sententiam editam a judicibus, qui a Gubernii, Mexici atque Foederatorum Septemtrionalis Americae Statum designati fuerant, jussit praedictam distributionem perficiendam esse prout infra; videlicit ut, detractis litis expensis summaque viginti sex millium (26,000) scutatorum familiae Aguirre solvenda, dummodo sufficienter constiterit prudenti dictorum Praesulum judicio hanc summam eidem familiae debitam esse, persolutisque viginti quatuor millibus (24,000) scutatorum R. P. D. Archiepiscopo Oregonopolitano pro missionibus provinciae ecclesiasticae ejusdem nominis nec non Vicariatus Apostolici Idahensis impendentis, et quadraginta mil.ibus scutatorum (40,000) Patribus Ordinis S. Francisci ac Patribus Societatis Jesu aequaliter inter eos dividendis, ex reliqua summa septem fiant partes aequales quorum una missionibus Territorii de Utah perpetuo maneat assignata, atque aliae sex aequaliter inter tres supramemoratos Episcopos provinciae ecclesiasticae S. Francisci dividantur graviter onerata eorum conscientia super tutiori et utiliori quam fieri possit acceptae pecuniae favore ecclesiae investimento. Simul jussit Sanctitas Sua ut super ita peracta distributione singuli interesse habentes omnino acquiescant.
Datum Romae ex Aedibus dictae S. Congregationis de Propaganda Fide, die et anno ut supra.
ALEX CARD. FRANCHI, Praef.
EXHIBIT NO. 3.-J. W. G.
[Translation of the annexed document.]
EXTRACT FROM AN AUDIENCE HELD BY THE HOLY FATHER ON THE 4TH MARCH, 1877.
Our most Holy (Father and) Lord, Pius, by the Divine Grace Pontifex Maximus, the ninth of that title, through me, the undersigned secretary of the Sacred Congregation for the Propagation of the Faith, having fully heard and weighed all those matters which the Right Reverend and the Most Reverend Archbishop of San Francisco and Bishop of Grass Valley, on the one part, and the Right Reverend Bishop of Monterey and Los Angeles, on the other, had brought before him with regard to the repartition of certain sums of money which
were to be paid by the Mexican Government to the aforesaid three dioceses in the ecclesiastical province of Upper California, according to the arbitral sentence given by the judges who had been named by the Mexican Government and that of the United States of North America.
DECREED that the aforesaid repartition should be made as follows, namely: That there having been deducted from the whole sum the expenses of the suit and the sum of $26,000 to be paid to the family of Aguirre (since it is plainly evident that such a sum is due to the aforesaid family), and payment having been made of $24,000 to the Right Reverend the Archbishop of Oregon for the missions of the ecclesiastical province of that name, and the Vicariate Apostolic of Idaho, and $40,000 to the Fathers of the Order of St. Farncis and the Fathers of the Society of Jesus, to be equally divided between them; of the remaining sum there shall be taken seven equal parts, of which one shall remain perpetually assigned to the missions of the Territory of Utah, and the remaining six shall be divided equally between the three above-named bishoprics of the ecclesiastical province of San Francisco, they being strictly charged upon their conscience to invest the same monies, upon their reception, in favor of the church as safely and as usefully as may be.
His Holiness decreed at the same time that all parties having interests in the matter should thoroughly acquiesce in this repartition so made.
Given at Rome, from the palace of the Sacred Congregation for the Propagation of the Faith on the aforesaid day and year.
ALEX. CARD. FRANCHI, Praef.
DISCOVERY MADE BY UNITED STATES, ON MOTION BY MEXICO, RELATIVE TO INDIAN POPULATION OF CALIFORNIA.
EMBASSY OF THE MEXICAN
UNITED STATES IN WASHINGTON, Bayshore, N. Y., August 21, 1902. MR. ACTING SECRETARY: By direction of my Government, and in accordance with Article IV of the protocol of agreement between the Republic of Mexico and the United States of America for the settlement of certain questions raised in respect to the so-called Pious Fund of the Californias, signed on the 22d of May last, I have the honor to ask of the Department in your worthy charge a statement. as to whether it is true that there are Indians who are not Christianized or who are still free from obedience to the authorities in the State of California.
I take pleasure on this occasion in renewing to you the assurances of my high consideration.
JOSÉ F. GODOY.
UNITED STATES OF AMERICA,
Department of State.
To all to whom these presents shall come, greeting:
I certify that the document hereunto annexed is under the seal of the Department of the Interior of the United States, and is entitled to full faith and credit.
In testimony whereof I, John Hay, Secretary of State of the United States, have hereunto subscribed my name and caused the seal of the Department of State to be affixed.
Done at the city of Washington this 9th day of September, A. D. 1902, and of the Independence of the United States of America the one hundred and twenty-seventh.
Refer in reply to the following: Land 50909-1902. Special.
DEPARTMENT OF THE INTERIOR,
The honorable the SECRETARY OF THE INTERIOR.
The Secretary of State requests that such a statement be furnished to his Department for communication to the Mexican Government as speedily as possible, and that if the statement be made by the Commissioner of Indian Affairs his official character should be certified to under the seal of the Interior Department.
By the term "not Christianized" is understood by this office to mean those Indians of California and their descendants who were not brought under the charge of the Franciscan fathers at or near the missions from and after 1769, the date of the founding of the Mission of San Diego de Alcala, at Diego, by Father Junipero. These Indians are to this day designated as Mission Indians," though in an official sense that designation is now applied only to the descendants of the Mission Indians living in Southern California.
The words Indians who are still free from obedience to the authorities of the State of California" are presumed to mean Indians who are residing on Indian reservations within the exclusive jurisdiction of the United States.