For ten years after the passage of the Secularization Act, affairs

went steadily on from bad to worse with the missions. Each governor

had his own plans and devices for making the most out of them, renting

them, dividing them into parcels for the use of colonists,

establishing pueblos on them, making them subject to laws of

bankruptcy, and finally selling them. The departmental assemblies

sometimes indorsed and sometimes annulled the acts of the governors.

In 1842 Governor Micheltorena proclaimed that the twelve southern

missions should be restored to the Church, and that the Government

would not make another grant of land without the consent of the

friars. This led to a revolution, or rather an ebullition, and

Micheltorena was sent out of the country. To him succeeded Pio Pico,

who remained in power till the occupation of California by the United

States forces in 1846. During the reign of Pio Pico, the ruin of the

mission establishments was completed. They were at first sold or

rented in batches to the highest bidders. There was first a

preliminary farce of proclamation to the Indians to return and take

possession of the missions if they did not want them sold. These

proclamations were posted up in the pueblos for months before the

sales. In 1844 the Indians of Dolores, Soledad, San Miguel, La

Purissima, and San Rafael[6] were thus summoned to come back to their

missions,--a curious bit of half conscience-stricken, half politic

recognition of the Indians' ownership of the lands, the act of the

Departmental Assembly saying that if they (the Indians) did not return

before such a date, the Government would declare said missions to be

"without owners," and dispose of them accordingly. There must have

been much bitter speech in those days when news of these proclamations

reached the wilds where the mission Indians had taken refuge.

At last, in March, 1846, an act of the Departmental Assembly made the

missions liable to the laws of bankruptcy, and authorized the governor

to sell them to private persons. As by this time all the missions that

had any pretence of existence left had been run hopelessly into debt,

proceedings in regard to them were much simplified by this act. In the

same year the President of Mexico issued an order to Governor Pico to

use all means within his power to raise money to defend the country

against the United States; and under color of this double

authorization the governor forthwith proceeded to sell missions right

and left. He sold them at illegal private sales; he sold them for

insignificant sums, and for sums not paid at all; whether he was, to

use the words of a well-known legal brief in one of the celebrated

California land cases, "wilfully ignorant or grossly corrupt," there

is no knowing, and it made no difference in the result.

One of the last acts of the Departmental Assembly, before the

surrender of the country, was to declare all Governor Pico's sales of

mission property null and void. And one of Governor Pico's last acts

was, as soon as he had made up his mind to run away out of the

country, to write to some of his special friends and ask them if there

were anything else they would like to have him give them before his

departure.

On the 7th of July, 1846, the American flag was raised in Monterey,

and formal possession of California was taken by the United States.

The proclamation of Admiral Sloat on this memorable occasion included

these words: "All persons holding title to real estate, or in quiet

possession of lands under color of right, shall have those titles and

rights guaranteed to them." "Color of right" is a legal phrase,

embodying a moral idea, an obligation of equity. If the United States

Government had kept this guarantee, there would be living in

comfortable homesteads in California to-day many hundreds of people

that are now homeless and beggared,--Mexicans as well as Indians.

The army officers in charge of different posts in California, in these

first days of the United States' occupation of the country, were

perplexed and embarrassed by nothing so much as by the confusion

existing in regard to the mission properties and lands. Everywhere men

turned up with bills of sale from Governor Pico. At the San Diego

mission the ostensible owner, one Estudillo by name, confessed frankly

that he "did not think it right to dispose of the Indians' property in

that way; but as everybody was buying missions, he thought he might as

well have one."

In many of the missions, squatters, without show or semblance of

title, were found; these the officers turned out. Finally, General

Kearney, to save the trouble of cutting any more Gordian knots,

declared that all titles of missions and mission lands must be held

in abeyance till the United States Government should pronounce on

them.

For several years the question remained unsettled, and the mission

properties were held by those who had them in possession at the time

of the surrender. But in 1856 the United States Land Commission gave,

in reply to a claim and petition from the Catholic Bishop of

California, a decision which, considered with reference to the

situation of the mission properties at the time of the United States'

possession, was perhaps as near to being equitable as the

circumstances would admit. But, considered with reference to the

status of the mission establishments under the Spanish rule, to their

original extent, the scope of the work, and the magnificent success of

their experiment up to the time of the revolutions, it seems a sadly

inadequate return of property once rightfully held. Still, it was not

the province of the United States to repair the injustices or make

good the thefts of Spain and Mexico; and any attempt to clear up the

tangle of confiscations, debts, frauds, and robberies in California,

for the last quarter of a century before the surrender, would have

been bootless work.

The Land Commissioner's decision was based on the old Spanish law

which divided church property into two classes, sacred and

ecclesiastical, and held it to be inalienable, except in case of

necessity, and then only according to provisions of canon law; in the

legal term, it was said to be "out of commerce." The sacred property

was that which had been in a formal manner consecrated to God,--church

buildings, sacred vessels, vestments, etc. Ecclesiastical property was

land held by the Church, and appropriated to the maintenance of divine

worship, or the support of the ministry; buildings occupied by the

priests, or necessary for their convenience; gardens, etc. Following a

similar division, the property of the mission establishments was held

by the Land Commission to be of two sorts,--mission property and

church property: the mission property, embracing the great tracts of

land formerly cultivated for the community's purpose, it was decided,

must be considered as government property; the church property,

including, with the church buildings, houses of priests, etc., such

smaller portions of land as were devoted to the immediate needs of the

ministry, it was decided must still rightfully go to the Church. How

many acres of the old gardens, orchards, vineyards, of the missions

could properly be claimed by the Church under this head, was of course

a question; and it seems to have been decided on very different bases

in different missions, as some received much more than others. But all

the church buildings, priests' houses, and some acres of land, more or

less, with each, were pronounced by this decision to have been "before

the treaty of Guadalupe Hidalgo solemnly dedicated to the use of the

Church, and therefore withdrawn from commerce;" "such an interest is

protected by the provisions of the treaty, and must be held inviolate

under our laws." Thus were returned at last, into the inalienable

possession of the Catholic Church, all that were left of the old

mission churches, and some fragments of the mission lands. Many of

them are still in operation as curacies; others are in ruins; of some

not a trace is left,--not even a stone.

At San Diego the walls of the old church are still standing, unroofed,

and crumbling daily. It was used as a cavalry barracks during the war

of 1846, and has been a sheepfold since. Opposite it is an olive

orchard, of superb hoary trees still in bearing; a cactus wall twenty

feet high, and a cluster of date palms, are all that remain of the

friars' garden.

At San Juan Capistrano, the next mission to the north, some parts of

the buildings are still habitable. Service is held regularly in one of

the small chapels. The priest lives there, and ekes out his little

income by renting some of the mouldering rooms. The church is a

splendid ruin. It was of stone, a hundred and fifty feet long by a

hundred in width, with walls five feet thick, a dome eighty feet high,

and a fine belfry of arches in which four bells rang. It was thrown

down by an earthquake in 1812, on the day of the Feast of the

Immaculate Conception. Morning mass was going on, and the church was

thronged; thirty persons were killed, and many more injured.

The little hamlet of San Juan Capistrano lies in harbor, as it were,

looking out on its glimpse of sea, between two low spurs of broken and

rolling hills, which in June are covered with shining yellow and blue

and green, iridescent as a peacock's neck. It is worth going across

the continent to come into the village at sunset of a June day. The

peace, silence, and beauty of the spot are brooded over and dominated

by the grand gray ruin, lifting the whole scene into an ineffable

harmony. Wandering in room after room, court after court, through

corridors with red-tiled roofs and hundreds of broad Roman arches,

over fallen pillars, and through carved doorways, whose untrodden

thresholds have sunk out of sight in summer grasses, one asks himself

if he be indeed in America. On the interior walls are still to be seen

spaces of brilliant fresco-work, in Byzantine patterns of superb red,

pale green, gray and blue; and the corridors are paved with tiles,

large and square. It was our good fortune to have with us, in San Juan

Capistrano, a white-haired Mexican, who in his boyhood had spent a

year in the mission. He remembered as if it were yesterday its

bustling life of fifty years ago, when the arched corridor ran

unbroken around the great courtyard, three hundred feet square, and

was often filled with Indians, friars, officers, and gay Mexican

ladies looking on at a bull-fight in the centre. He remembered the

splendid library, filled from ceiling to floor with books, extending

one whole side of the square: in a corner, where had been the room in

which he used to see sixty Indian women weaving at looms, we stood

ankle-deep in furzy weeds and grass. He showed us the doorway, now

closed up, which led into the friars' parlor. To this door, every

Sunday, after mass, came the Indians, in long processions, to get

their weekly gifts. Each one received something,--a handkerchief,

dress, trinket, or money. While their gifts were being distributed, a

band of ten or twelve performers, all Indians, played lively airs on

brass and stringed instruments. In a little baptistery, dusky with

cobweb and mould, we found huddled a group of wooden statues of

saints, which once stood in niches in the church; on their heads were

faded and brittle wreaths, left from the last occasion on which they

had done duty. One had lost an eye; another a hand. The gilding and

covering of their robes were dimmed and defaced. But they had a

dignity which nothing could destroy. The contours were singularly

expressive and fine, and the rendering of the drapery was indeed

wonderful,--flowing robes and gathered and lifted mantles, all carved

in solid wood.

There are statues of this sort to be seen in several of the old

mission churches. They were all carved by the Indians, many of whom

showed great talent in that direction. There is also in the office of

the justice--or alcalde, as he is still called--of San Juan

Capistrano, a carved chair of noticeably bold and graceful design made

by Indian workmen. A few tatters of heavy crimson brocade hang on it

still, relics of the time when it formed part of a gorgeous

paraphernalia and service.

Even finer than the ruins of San Juan Capistrano are those of the

church at San Luis Rey. It has a perfectly proportioned dome over the

chancel, and beautiful groined arches on either hand and over the

altar. Four broad pilasters on each side of the church are frescoed in

a curious mixing of blues, light and dark, with reds and black, which

have faded and blended into a delicious tone. A Byzantine pulpit

hanging high on the wall, and three old wooden statues in niches, are

the only decorations left. Piles of dirt and rubbish fill the space in

front of the altar, and grass and weeds are growing in the corners;

great flocks of wild doves live in the roof, and have made the whole

place unclean and foul-aired. An old Mexican, eighty years old, a

former servant of the mission, has the ruin in charge, and keeps the

doors locked still, as if there were treasure to guard. The old man is

called "alcalde" by the village people, and seems pleased to be so

addressed. His face is like wrinkled parchment, and he walks bent into

a parenthesis, but his eyes are bright and young. As he totters along,

literally holding his rags together, discoursing warmly of the

splendors he recollects, he seems indeed a ghost from the old times.

The most desolate ruin of all is that of the La Purissima Mission. It

is in the Lompoc valley, two days' easy journey north of Santa

Barbara. Nothing is left there but one long, low adobe building, with

a few arches of the corridor; the doors stand open, the roof is

falling in: it has been so often used as a stable and sheepfold, that

even the grasses are killed around it. The painted pulpit hangs half

falling on the wall, its stairs are gone, and its sounding-board is

slanting awry. Inside the broken altar-rail is a pile of stones,

earth, and rubbish, thrown up by seekers after buried treasures; in

the farther corner another pile and hole, the home of a badger;

mud-swallows' nests are thick on the cornice, and cobwebbed rags of

the old canvas ceiling hang fluttering overhead. The only trace of the

ancient cultivation is a pear-orchard a few rods off, which must have

been a splendid sight in its day; it is at least two hundred yards

square, with a double row of trees all around, so placed as to leave

between them a walk fifty or sixty feet wide. Bits of broken aqueduct

here and there, and a large, round stone tank overgrown by grass,

showed where the life of the orchard used to flow in, it has been many

years slowly dying of thirst. Many of the trees are gone, and those

that remain stretch out gaunt and shrivelled boughs, which, though

still bearing fruit, look like arms tossing in vain reproach and

entreaty; a few pinched little blossoms seemed to heighten rather than

lessen their melancholy look.

At San Juan Bautista there lingers more of the atmosphere of the olden

time than is to be found in any other place in California. The mission

church is well preserved; its grounds are enclosed and cared for; in

its garden are still blooming roses and vines, in the shelter of

palms, and with the old stone sun-dial to tell time. In the sacristy

are oak chests, full of gorgeous vestments of brocades, with silver

and gold laces. On one of these robes is an interesting relic. A lost

or worn-out silken tassel had been replaced by the patient Indian

workers with one of fine-shredded rawhide; the shreds wound with

silver wire, and twisted into tiny rosettes and loops, closely

imitating the silver device. The church fronts south, on a little

green locust walled plaza,--the sleepiest, sunniest, dreamiest place

in the world. To the east the land falls off abruptly, so that the

paling on that side of the plaza is outlined against the sky, and its

little locked gate looks as if it would open into the heavens. The

mission buildings used to surround this plaza; after the friars' day

came rich men living there; and a charming inn is kept now in one of

their old adobe houses. On the east side of the church is a succession

of three terraces leading down to a valley. On the upper one is the

old graveyard, in which it is said there are sleeping four thousand

Indians.

In 1825 there were spoken at this mission thirteen different Indian

dialects.

Just behind the church is an orphan girls' school, kept by the Sisters

of the Sacred Heart. At six o'clock every morning the bells of the

church ring for mass as they used to ring when over a thousand Indians

flocked at the summons. To-day, at the sound, there comes a procession

of little girls and young maidens, the black-robed sisters walking

before them with crossed hands and placid faces. One or two Mexican

women, with shawls over their heads, steal across the faint paths of

the plaza, and enter the church.

I shall always recollect the morning when I went, too. The silence of

the plaza was in itself a memorial service, with locust blossoms

swinging incense. It was barely dawn in the church. As the shrill yet

sweet childish voices lifted up the strains of the Kyrie Eleison, I

seemed to see the face of Father Junipero in the dim lighted chancel,

and the benediction was as solemn as if he himself had spoken it. Why

the little town of San Juan Bautista continues to exist is a marvel.

It is shut out and cut off from everything; only two or three hundred

souls are left in it; its streets are grass-grown; half its houses are

empty. But it has a charm of sun, valley, hill, and seaward off-look

unsurpassed in all California. Lingering out a peaceful century there

are many old men and women, whose memories are like magic glasses,

reproducing the pictures of the past. One such we found: a Mexican

woman eighty-five years old, portly, jolly, keen-tongued, keen-eyed;

the widow of one of the soldiers of the old mission guard. She had had

twelve children; she had never been ill a week in her life; she is now

the village nurse, and almost doctor. Sixty years back she remembered.

"The Indians used to be in San Juan Bautista like sheep," she said,

"by the thousand and thousand." They were always good, and the padres

were always kind. Fifty oxen were killed for food every eight days,

and everybody had all he wanted to eat. There was much more water then

than now, plenty of rain, and the streams always full. "I don't know

whether you or we were bad, that it has been taken away by God," she

said, with a quick glance, half humorous, half antagonistic.

The Santa Barbara Mission is still in the charge of Franciscans, the

only one remaining in their possession. It is now called a college for

apostolic missionary work, and there are living within its walls eight

members of the order. One of them is very old,--a friar of the ancient

_régime_; his benevolent face is well known throughout the country,

and there are in many a town and remote hamlet men and women who wait

always for his coming before they will make confession. He is like St.

Francis's first followers: the obligations of poverty and charity

still hold to him the literal fulness of the original bond. He gives

away garment after garment, leaving himself without protection against

cold; and the brothers are forced to lock up and hide from him all

provisions, or he would leave the house bare of food. He often kneels

from midnight to dawn on the stone floor of the church, praying and

chanting psalms; and when a terrible epidemic of small-pox broke out

some years ago, he labored day and night, nursing the worst victims of

it, shriving them, and burying them with his own hands. He is past

eighty, and has not much longer to stay. He has outlived many things

beside his own prime: the day of the sort of faith and work to which

his spirit is attuned has passed by forever.

The mission buildings stand on high ground, three miles from the

beach, west of the town and above it, looking to the sea. In the

morning the sun's first rays flash full on its front, and at evening

they linger late on its western wall. It is an inalienable benediction

to the place. The longer one stays there the more he is aware of the

influence on his soul, as well as of the importance in the landscape

of the benign and stately edifice.

On the corridor of the inner court hangs a bell which is rung for the

hours of the daily offices and secular duties. It is also struck

whenever a friar dies, to announce that all is over. It is the duty of

the brother who has watched the last breath of the dying one to go

immediately and strike this bell. Its sad note has echoed many times

through the corridors. One of the brothers said, last year,--

"The first time I rang that bell to announce a death, there were

fifteen of us left. Now there are only eight."

The sentence itself fell on my ear like the note of a passing-bell. It

seems a not unfitting last word to this slight and fragmentary sketch

of the labors of the Franciscan Order in California.

Still more fitting, however, are the words of a historian, who, living

in California and thoroughly knowing its history from first to last,

has borne the following eloquent testimony to the friars and their

work:--

"The results of the mission scheme of Christianization and

colonization were such as to justify the plans of the wise

statesman who devised it, and to gladden the hearts of the

pious men who devoted their lives to its execution.

"At the end of sixty years the missionaries of Upper California

found themselves in the possession of twenty-one prosperous

missions, planted on a line of about seven hundred miles,

running from San Diego north to the latitude of Sonoma. More

than thirty thousand Indian converts were lodged in the mission

buildings, receiving religious culture, assisting at divine

worship, and cheerfully performing their easy tasks.... If we

ask where are now the thirty thousand Christianized Indians who

once enjoyed the beneficence and created the wealth of the

twenty-one Catholic missions of California, and then

contemplate the most wretched of all want of systems which has

surrounded them under our own government, we shall not withhold

our admiration from those good and devoted men who, with such

wisdom, sagacity, and self-sacrifice, reared these wonderful

institutions in the wilderness of California. They at least

would have preserved these Indian races if they had been left

to pursue unmolested their work of pious beneficence."[7]

NOTE.--The author desires to express her acknowledgments to H.

H. Bancroft, of San Francisco, who kindly put at her disposal

all the resources of his invaluable library; also to the

Superior of the Franciscan College in Santa Barbara, for the

loan of important books and manuscripts and the photograph of

Father Junipero.

THE PRESENT CONDITION OF THE MISSION INDIANS IN SOUTHERN CALIFORNIA.

The old laws of the kingdom of the Indies are interesting reading,

especially those portions of them relating to Indians. A certain fine

and chivalrous quality of honor toward the helpless and tenderness

toward the dependent runs all through their quaint and cumbrous

paragraphs.

It is not until one studies these laws in connection with the history

of the confusions and revolutions of the secularization period, and of

the American conquest of California, that it becomes possible to

understand how the California Mission Indians could have been left so

absolutely unprotected, as they were, in the matter of ownership of

the lands they had cultivated for sixty years.

"We command," said the Spanish king, "that the sale, grant, and

composition of lands be executed with such attention that the Indians

be left in possession of the full amount of lands belonging to them,

either singly or in communities, together with their rivers and

waters; and the lands which they shall have drained or otherwise

improved, whereby they may by their own industry have rendered them

fertile, are reserved, in the first place, and can in no case be sold

or aliened. And the judges who have been sent thither shall specify

what Indians they may have found on the land, and what lands they

shall have left in possession of each of the elders of tribes,

caciques, governors, or communities."

Grazing estates for cattle are ordered to be located "apart from the

fields and villages of the Indians." The king's command is that no

such estates shall be granted "in any parts or place where any damage

can accrue to the Indians." Every grant of land must be made "without

prejudice to the Indians;" and "such as may have been granted to their

prejudice and injury" must be "restored to whomever they by right

shall belong."

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