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Show COMMISSIONER OF INDIAN AFFAIRS. ~ X V 1. The qnestions presented far onr consideration upon these facts are diffionlt and important. The civilized and Christianized Indians of the Californiae and, indeed, of all the Spanish colonies seem to have been treated as the speeial and favorite asrds of the Spanish sovereigns. Their moral and spiritual welfare and improvement were regarded as matters of great interest to the country, and their personal security, peace, prosperity, and rights of property were most jesloosly guarded through legislation and by those in authority. In these respeots the oon-trast between the polioy of the Spanish and Mesican Governments towards their aborigines and that mtsnifested in some of the English eolauies daring oontempora-neooa reigns is quite marked. Eady in the sixteenth eentnry King Philip com-manded that settlements on and apportionments of the new Territories should he withont damage to the Indians, and " that the farms and lands which shall be given to the Spaniards shdl be without prejodioe to the Indians, and that those whioh have been given to their prejudice end damage shall be retorned to whom by lew they may belong." (2 Whits's New Rscopilaoion, 51.) I t was made the special duty of local judges to visit the farms of the Indians, without previoos request so to do, and ascertain whether the Indians had suffered any injury in person or in property; and, if deemed best, after due notice, to remove them to Bome other place. It was pro-vided that "the Indians shall be left in possession of their lends, hereditaments, and pastures in anoh msnner as that they allall not stand in need of the necessaries of life." No oompositions were admitted of lands which Spaniards had aoqnired from Indians illegally; and the proteotors were commanded to pronure all illegal oontreets to be annulled. "The broad field of Spsnish jnrispradenoe bristled all over with fortifications for the protection of the Indiana. The Government of Spain, while oareful of their pro-prietary rights, expended muoh for their conversion to Christianity. "A8 soon BS the Indians became suEciantly pacified, the governors (adelantados) were to distribote them amongbhe colonists, who were to take oherge of them and watoh over their welfare, ss provided in Book 6 of the Recopilooion de las Indias. " Laws were provided for the founding of Indian puebloa, or towns. "It is clear from the whole tenor of the Spaoi~hs nd Mexioan laws, whether in the form of pueblos arranehos, that the Indians are ensitled in equity and in good oon-soieooe, and even according to the strict rigor of the laws, to all the lands they have, or have had. in raotnal pasaession for cultivation, pasture, or habitation, when such domain aian beascertained to have had any tolerably well-defined boundaries. Both Spain sod Mexico have eckoawledged this prinoiple to be s just one." (Hall's Mexi-can Law, sees. 38, 40,161, 3, 4, 5, 9, IfiO, 161; also 1 White's New Recop., 411; 2 Id., 24, 34, 48, 53, 54, 59, 703.) At firat the Indians were permilted in the presence of the judge to sell their real and 6ersooal property at pnblio auotion, but in 17dl a decree was published prohib-iting %he Indians from selliog their real estate without licanae from the proper sn-thority. This reniaiued in furoe until the independence of Jdesico, which made all inhabitants of the Mexican netion equal before the law. The plan of Iguala; adopted in February, 1821 (when tbe reletion between Mexioo eod Spain ceased and the aov-ereigoty became vested in the Maxioao nation), declared that "all the inhabitants of New Spain, Africans or Indians, are citizens of this monarchy * and that the person aud property of every citizen sball be respected and protected by the Government." These principles were reaffirmed by the treaty of August 24, 1821, be-tween the Spanish viceroy nud the rarolutionnry party, and the Declaration of In-dependence, issued on the 28Lh of September, 1821, re-affirmad'ths priuoiplis of said plan. After the soqaiaition of California from Mexico the United States was bound under the tresLy of Guaclslnpe IIidaigo to rnspeot and protect all titles, bath legal and equitable, aoquimd previulls to the e~saion;a nd i t devolved npou Congres~to pre-soriba nnethntlv and steps neoeusary to a jnat, speedy, nod effective determination of 12798- IND 8&~ |