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the manner which may appear most conducive to obviate the total ruin of the missions of San Gabriel, San Luis Rey, San Diego, and the remainder which are in similar circumstances.

ART. 2. As most of these establishments are owing large amounts, if the property on hand should not be sufficient to satisfy their acknowledged debts, attention shall be had to what the laws determine respecting bankruptcies, and steps shall be taken accordingly.

ART. 3. Should government, by virtue of this authority, find that, in order to prevent the total ruin which threatens said missions, it will be necessary to sell them to private persons, this shall be done at public auction, the customary notice being previously given.

ART. 4. In case of sale, if, after the debts be paid, any surplus should remain, this shall be divided among the Indians of the premises sold, government taking care to make the most just distribution possible.

ART. 5. In any case, care must be taken to secure a sufficient amount for the maintenance of the padres and the expenses of public worship, the government being at liberty to separate a part of the whole establishments, whether in lands for cultivation, landed or other property, at its discretion, which will be sufficient to secure both objects, the respective priests being previously heard and attended to.

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ART. 6. The premises set apart according to the foregoing article shall be delivered as a sale at a perpetual interest of four per cent.; and the ceeds shall be applied precisely to the objects mentioned in said article 5. ART. 7. What has been done agreeably to what was ordained in the decree of the honorable assembly of the 28th May, before cited, remains in full force; and these presents shall in no manner alter the contracts made and measures taken by government, in accordance with said decree of May, 1845; nor shall they in future put any obstacle in the way of what may be done in accordance thereto.

ART. 8. The government will remove any obstacles not foreseen in this decree; and within six months at furthest will notify this honorable assem bly of the result of its fulfilment.

APPENDIX. No. 23.

Decree of the Departmental Assembly of the 31st October, 1846, annul ling the sale of missions and other acts of Don Pio Pico.

The citizen Jose Maria Flores, captain of cavalry in the Mexican army, governor and commandant general ad interim of this department, to its inhabitants :

Know ye the honorable departmental assembly, in an extraordinary session of yesterday, has decreed the following:

The most excellent departmental assembly, taking into consideration the urgent necessity of providing resources for carrying on the war against the invading forces of the United States of North America, and finding that the only way of obtaining them in a sure and prompt manner is to solicit a loan, has, in this day's session, found it expedient to decree the following,

viz.:

1. The sales of missions made by Don Pio Pico as governor, as well as all other acts done by him on the same subject beyond his authority, are entirely aunulled.

2. His excellency the governor ad interim is authorised to solicit a loan of such amount as he may consider necessary for the object indicated, it being stipulated that, in accomplishing this act in the most equitable and just manner, he may mortgage one or more of the missions for the corresponding security.

3. These establishments shall continue with the character of being rented and in possession of the rentees who shall have fulfilled the conditions stipu lated in the proclamation upon that subject.

4. The missions which exist under the circumstances of the preceding article shall suffer no alteration until the term of their lease shall expire, even should they be of those mortgaged; and with respect to the others the government will take care that the regulations formerly given on the subject be duly complied with.

His excellency the governor ad interim will be made acquainted herewith for his goverment and further ends.

Hall of sessions of the honorable assembly of California, in the city of Los Angeles, October, 20, 1846.

FRANCIS FIGUERON.

President.

AUGUSTINE OBVERA,

Department Secretary.

I Therefore command it to be published, circulated, and posted up in the

usual places, for the knowledge of the public.

Given in the city of Los Angeles, October 31, 1846.

NARCISS BOTELLO, Secretary.

JOSE MARIA FLORES.

APPENDIX No. 24.

Know all men by these presents, that I, Brigadier General S. W. Kearney,

governor of California, by virtue of authority in me vested, considering that, inasmuch as there are various claimants to the missions of San Jose, Santa Clara, Santa Cruz, and San Juan, and the houses, gardens, vineyards, &c., around and near them, do hereby decree that, until the proper judicial tribunals to be established shall decide upon the same, the above named missions and property appertaining thereto shall remain under charge of the Catholic priests, as they were when the United States flag was first raised in this territory, it being understood that this decree is not to affect the rights of any claimant and that the priests are to be responsible for the preservation of said missions and property while under their charge. The alcaldes of the jurisdictions in which the above named missions are situated will, upon the application of the priests, take the proper measures to remove therefrom all persons trespassing or intruding upon them.

Given at Monterey, capital of California, this 22d day of March, 1847. S. W. KEARNEY,

Brigadier General and Governor of California.

APPENDIX No. 25.

HEADQUARTERS 10TH MILITARY DEPARTMENT,
Monterey, California, January 3, 1848.

REVEREND SIR: I have the honor to acknowledge the receipt of your let ter of the 29th December, and its accompanying documents, purporting to give you authority to sell mission lands, bearing date 25th May and 16th June, 1846, signed by Jose Castro, and addressed to yourself.

This document certainly could give you no authority to sell any part of the mission lands after the 7th July, 1846, the day on which the United States flag was hoisted in California; indeed, if it could legally have conferred such authority before, since that date the mission lands can only be disposed of by virtue of authority from the United States government. I am therefore obliged to declare, and do hereby declare, all sales of any part of the mission lands made by your reverence to be illegal, null and void, and that the purchasers of such lands hold no legal title to them whatever by virtue of any sale made by your reverence.

I am, very respectfully, your obedient servant,

R. B. MASON,

Colonel 1st Dragoons, Governor of California.

Rev. Padre JOSE MA. DEL. R. S. DEL. REAL.,

Minister of the mission of Santa Clara.

PROCLAMATION

Of Gen. Kearney to the People of California.

The President of the United States having instructed the undersigned to take charge of the civil government of California, he enters upon his duties with an ardent desire to promote, as far as he is able, the interests of the country and the welfare of its inhabitants.

The undersigned has instructions from the President to respect and protect the religious institutions of California, and to see that the religious rights of the people are in the amplest manner preserved to them, the constitution of the United States allowing every man to worship his Creator in such a manner as his own conscience may dictate him.

The undersigned is also instructed to protect the persons and property of the quiet and peaceable inhabitants of the country against all or any of their enemies, whether from abroad or at home; and when he now assures the Californians that it will be his duty and his pleasure to comply with those instructions, he calls upon them all to exert themselves in preserving order and tranquillity, in promoting harmony and concord, and in maintaining the authority and efficacy of the laws.

It is the wish and design of the United States to provide for California, with the least possible delay, a free government similar to those in her other Territories; and the people will soon be called upon to exercise their rights as freemen, in electing their own representatives to make such laws as may be deemed best for their interests and welfare. But until this can be done, the laws now in existence, and not in conflict with the constitution of the United States, will be continued until changed by competent authority; and those persons who hold office will continue in the same for the present, provided they swear to support that constitution, and to faithfully perform their duty.

The undersigned hereby absolves all the inhabitants of California from any further allegiance to the republic of Mexico, and will consider them as citizens of the United States. Those who remain quiet and peaceable will be respected in their rights, and protected in them. Should any take up arms against or oppose the government of this Territory, or instigate others to do so, they will be considered as enemies, and treated accordingly.

When Mexico forced a war upon the United States, time did not permit the latter to invite the Californians as friends to join her standard, but compelled her to take possession of the country to prevent any European power from seizing upon it; and in doing so, some excesses and unauthorized acts were no doubt committed by persons employed in the service of the United States, by which a few of the inhabitants have met with a loss of property. Such losses will be duly investigated, and those entitled to remuneration will receive it.

California has for many years suffered greatly from domestic troubles; civil wars have been the poisoned fountains which have sent forth trouble and pestilence over her beautiful land. Now, those fountains are dried up; the star-spangled banner floats over California; and as long as the sun continues to shine upon her, so long will it float there over the natives of the land, as well as others who have found a home in her bosom; and under it, agriculture must improve and the arts and sciences flourish, as seed in a rich and fertile soil.

The Americans and Californians are now but one people; let us cherish one wish, one hope, and let that be for the peace and quiet of our country. Let us as a band of brothers unite and emulate each other in our exertions to benefit and improve this our beautiful, and which soon must be our happy and prosperous home.

Done at Monterey, capital of California, the first day of March, A. D. 1847, and in the 71st year of the independence of the United States. S. W. KEARNEY,

Brigadier General U. S. A., and Governor of California.

PROCLAMATION

Of Col. Mason to the people of California.

The undersigned has the pleasure to announce the ratification of a treaty of peace and friendship between the United States of America and the Mexican republic, by which Upper California is ceded to the United States.

The boundary separating this country from Lower California "consists of a straight line drawn from the middle of the Rio Gila, where it unites with the Colorado, to a point on the coast of the Pacific ocean distant one marine league due south of the southernmost point of the port of San Diego."

By the conditions of this treaty, those residing within the limits of this territory thus ceded, who may wish to become citizens of the United States, are absolved from all further allegiance to the Mexican republic, and will at the proper time (to be judged of by the Congress of the United States) be incorporated into the Union, and admitted to the enjoyment of all rights and privileges granted by the constitution to American citizens. Those who wish to retain the character of Mexicans will be at liberty to do so, and also to retain their property in this territory, or dispose of it and remove the proceeds thereof wherever they please; but they must make their election within one year from the 30th day of May last, and those who remain after the expiration of that year without declaring their intentions to retain such char acter will be considered to have elected to become citizens of the United States. In the mean time they will be protected in the free enjoyment of

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