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.)

APPENDIX NO. 1.

Extracts from" the instructions to be observed by the commandant appointed to the new establishments of San Diego and Monterey," given by El. Bailie Frior Don Antonio Bucareli y Urusu, dated Mexico, 17th August, 1773.

ARTICLE 2. The confusion which has reigned in the accounts, and the want of order which I have observed in everything else, have compelled me to establish this new method, and to appoint Captain Don Fernando Rivèra y Moncada commandant of San Diego and Monterey, because I am well informed of his good conduct or manner of proceeding, and of his knowledge of the new establishments, acquired in the employments and offices which he has therein obtained and in the presidios of California for many years.

ARTICLE 12. With the desire to establish population more speedily in the new establishments, I for the present grant the commandant the power to designate common lands, and also even to distribute lands in private to such Indians as may most dedicate themselves to agriculture and the breeding of cattle, for having property of their own, the love of it will cause them to radicate themselves more firmly; but the commandant must bear in mind that it is very desirable not to allow them to live dispersed-each one on the lands given to them-but that they must necessarily have their house and habitation in the town or mission where they have been established or settled.

ARTICLE 13. I grant the same faculty to the commandant with respect to distributing lands to the other founders (pobladores) according to their merit and means of labor-they also living in the town and not dispersed, declaring that in the practice of what is prescribed in this article and the preceding 12th, he must act in every respect in conformity with the provisions made in the collection of the laws respecting newly-acquired countries and towns, (reducciones y poblaciones,) granting them legal titles for the owner's protection without exacting any remuneration for it or for the act of possession.

ARTICLE 14. The commandant must be carefully attentive that the founders who go to the new establishments have the requisite arms for their de

fence and for assisting the garrisons of the presidios or missions in case of necessity, binding them to this obligation as a thing necessary for their own safety and that of all their neighbors.

ARTICLE 15. When it becomes expedient to change any mission into a pueblo, the commandant will proceed to reduce it to the civil and econominal government which, according to the laws, is observed in the other pueblos of this kingdom, giving it a name, and declaring for its patron the saint under whose auspices and venerable protection the mission was founded.

APPENDIX No. 2.

Extracts from the regulations for the government of the province of Cali fornia, by Don Felipe De Neve, governor of the same, dated in the royal presidio of San Carlos de Monterey, 1st June, 1779, and approved by his Majesty in a royal order of the 24th October, 1781.

TITLE THE FOURTEENTH.-POLITICAL GOVERNMENT, AND INSTRUCTIONS RESPECTING COLONIZATION.

1st. The object of greatest importance towards the fulfilment of the pi ous intentions of the King, our master, and towards securing to his Majesty the dominion of the extensive country which occupies a space of more than two hundred leagues, com prehending the new establishment of the presidios, and the respective ports of San Diego, Monterey, and San Francisco, being to forward the reduction of, and as far as possible to make this vast country (which, with the exception of seventeen hundred and forty-nine Christians of both sexes in the eight missions on the road which leads from the first to the last named presidio, is inhabited by innumerable heathens) useful to the State, by erecting pueblos of which people, (gente de razon-literally, people of reason,) who, being united, may encourage agriculture, planting, the breeding of cattle and successively the other branches of industry; so that some years hence their produce may be sufficient to provide garrisons of the presidios with provisions and horses, thereby obviating the distance of transportation and the risks and losses which the royal gov ernment suffers thereby. With this just idea, the pueblo of San Jose has been founded and peopled; and the erection of another is determined upon, in which the colonists and their families, from the provinces of Sonora and Sinuloa, will establish themselves, the progressive augmentation of which, and of the families of the troops, will provide for the establishment of other towns, and furnish recruits for the presidio companies, thus freeing the royal revenue from the indispensable expenses at present required for these pur

poses; and it being necessary to establish rules for carrying all this into effect, the following instructions will be observed:

2d. As an equivalent for the $120 and rations, which hitherto have been assigned yearly to each poblador (founder or colonist) for the first two years, and the rations alone for the following one, calculated at a rial and a half per diem, free, for the three following ones, they will hereafter receive for each of the first two years $116 and 3 rials, the rations to be understood as comprehended in this amount: and in lieu of rations for the next three years, they will receive $60 yearly, by which arrangement they will be placed on more favorable terms than formerly, taking into consideration the advance that was charged on what they were paid with, and the discount on the rations furnished, which article they will in future receive at cost from the moment that these regulations be approved and declared to be in force, it being understood that the forementioned term of five years, as regards this emolument, is to be reckoned from the day on which the posses sion of the house-lots and pieces of land, (solares y suertes de tierras,) which are to be distributed to each poblador in the manner hereafter mentioned, be given; and the previous time, from the period of their enrolment, must be regulated according to the terms of their respective contracts, and, in order to avoid this expense, measures will be taken to have the new pob ladores collocated, and put into possession immediately on their arrival.

3d. To each poblader, and to the community of the pueblo, there shall be given, under condition of repayment in horses and mules fit to be given and received, and in the payment of the other large and small cattle, at the just prices which are to be fixed by tariff, and of the tools and implements at cost as it is ordained, two mares, two cows and one calf, two sheep and two goats, all breeding animals, and one yoke of oxen or steers, one plow-share or point, one hoe, one coa, (a kind of wooden spade with a steel point,) one axe and one sickle, one wood-knife, one musket and one leather-shield, two horses and one cargo mule. To the community there shall likewise be given the males corresponding to the total number of cattle of different kinds distributed amongst all the inhabitants, one seed jackass, another common one and three she asses, one boar and three sows, one forge, with its corresponding anvil and other necessary tools, six crowbars, six iron spades or shovels, and the necessary tools for carpenter and cast work.

4th. The house-lots to be granted to the new pobladores are to be desig nated by government in the situations, and of the extent, corresponding to the locality on which the new pueblos are to be established, so that a square and streets he formed agreeable to the provisions of the laws of the kingdom; and conformable to the same, competent common lands (egidos) shall be designated for the pueblo and pasture grounds, with the sowing lands that may be necessary for municipal purposes, (proprios.)

5th. Each suerte of land, whether capable of irrigation or dependent on

the seasons, (de riego de temporale,) shall consist of two hundred varas in length and two hundred in breadth, this being the area generally occupied in the sowing of one fanega of Indian corn. The distribution which is to be effected of the house-lots and pieces of land to the new colonists must be made in the name of the King, our master, by the government, with equality, and a proportion to the ground which admits the benefit of being watered, so that after making the necessary demarcation and reserving vacant the fourth part of the number which may result, counting with the number of pobladores, should there be sufficient, each one shall have two suertes of irrigable land, and other two of dry ground, delivered to him; and of the royal lands (realengas) as many as may be considered necessary shall be separated for the proprios of the pueblo, and the remainder of these, as well as of the house-lots, shall be granted in the name of his Majesty, by the governor, to those who may hereafter come to colonize, and particularly to those soldiers. who, having fulfilled the term of their engagement, or on account of advanced age may have retired from service, and likewise to the families of those who may die; but these persons must work at their own expense, out of the funds which each of them ought to possess, and will not be entitled to receive from the royal revenue either salary, rations, or cattle, this privilege being limited to those who leave their own country for the purpose of settling this country.

6th. The houses built on the lots granted and designated to the new pobladores, and the parcels of land comprehended in their respective gifts, shall be perpetually hereditary to their sons and descendants, or to their daughters who marry useful colonists who have received no grants of land for themselves, provided the whole of them comply with the obligations to be expressed in these instructions; and in order that the sons of the possessors of these gifts observe the obedience and respect which they owe to their parents, these shall be freely authorized, in the case of having two or more sons, to choose which of them they please, being a layman, to succeed to the house and suertes of the town; and they may likewise dispose of them amongst their children, but not so as to divide a single suerte, because each and all of these are to remain indivisible and inalienable forever.

7th. Neither can the pobladores, nor their heirs, impose on the house or parcel of land granted to them, either tax, entail, reversion, mortgage, (cento, vinculo, fianza, hipoteca) or any other burden, although it be for pious purposes; and should any one do so in violation of this just prohibition, he shall irremediably be deprived of his property, and his grant shall ipso facto be given to another colonist who may be useful and obedient.

8th. The new colonists shall enjoy, for the purpose of maintaining their cattle the common privilege of the water and pasturage, fire-wood and timber, of the common forest and pasture lands, to be designated according to law to each new pueblo; and besides, each one shall privately enjoy the

pasture of his own land, but with the condition that as they have to possess and breed all kinds of large and small cattle, and it not being possible that each one can dedicate himself to the taking care of the small stock consigned to them-as by so doing they would be unable to attend to agriculture and the public works-for the present, the small cattle, and the sheep and goats of the community, must feed together, and the shepherd must be paid by such community; and with respect to collecting together the large cattle, and bringing them to the corrol, such as mares and asses, as may be required, this must be done by two of the pobladores, whom they must appoint amongst themselves, or as they may see fit, to look after this business, and thus the cattle of different kinds will be taken care of, and freed from the risk of running wild, at the same time that agricultural and other works of the community will be attended to; and each individual must take care to mark their respective small cattle and brand the large, for which purpose the records of the necessary branding irons will be made without any charge; but it is ordained that henceforth no colonist is to possess more than fifty head of the same kind of cattle, so that the utility produced by cattle be distributed amongst the whole of them, and that the true riches of the pueblo be not monopolized by a few inhabitants.

9th. The new colonists shall be free and exempt from paying tithes, or any other tax, on the fruits and produce of the lands and cattle given to them, provided that within a year from the day on which the house-lots and parcels of land be designated to them, they build a house in the best way they can, and live therein, upon the necessary trenches for watering their lands, placing at their boundaries, instead of landmarks, some fruit trees, or wild ones of some utility, at the rate of ten to each suerte; and likewise open the principal drain or trench, form a dam, and the other necessary public works, for the benefit of cultivation, which the community is bound particularly to attend to; and said community will see that the government buildings (casas kealas) be completed within the fourth year, and during the third a storehouse sufficiently capacious for a public granary, in which must be kept the produce of the public sowing, which at the rate of one almud (the twefth of a fanega) of Indian corn per inhabitant, must be made from said third year to the fifth, inclusive, in the lands designated for municipal purposes, (proprios) all the labor of which, until harvesting the crop and putting it in the granary, must be done by the community for whose benefit alone it must serve; and for the management and augmentation thereof, the necessary laws to be observed will, in due time be made.

10th. After the expiration of the five years they will pay the tithes to his Majesty, for him to dispose of agreeably to his royal pleasure, as belonging solely to him, not only on account of the absolute royal patronage which he possesses in these dominions, but also because they are the produce of uncultivated and abandoned lands which are about to become fruitful at the