History of Mendocino County, California : comprising its geography, geology, topography, climatography, springs and timber . at they for-bade the allotment of lands to the Spaniards, and especially the rearing ofstock, where it might interfere with the tillage of the Indians. Specialdirections were also given for the selection of lands for the Indian villages, inplaces suitable for agriculture and having the necessary wood and water.|The lands set apart to them were likewise inalienable, except by the adviceand consent of ofiicei-s of the government, whose duty it was to protect thenatives as
History of Mendocino County, California : comprising its geography, geology, topography, climatography, springs and timber . at they for-bade the allotment of lands to the Spaniards, and especially the rearing ofstock, where it might interfere with the tillage of the Indians. Specialdirections were also given for the selection of lands for the Indian villages, inplaces suitable for agriculture and having the necessary wood and water.|The lands set apart to them were likewise inalienable, except by the adviceand consent of ofiicei-s of the government, whose duty it was to protect thenatives as minors or pupils. § Agreeably to the theory and spirit of these laws, the Indians in Cahfomiawere always supposed to have a certain property or interest in the instructions of 1773 authorized, as we have already seen, the command- * Eecopilacion de Indias: laws 7 to 20, tit. 12, book 4.+ It., laws 1 and 9, tit. 3, book 6. t Law 7, tit. 12 Recop. Indias; ib,, laws S and 20 tit. 3, book 6. §Ib., law 27, tit. 6, book 1. Pena y Peua, 1 Practica Forense Mejicana, 248, etc. Alaman, 1Hifltoria de Mejico, IT, /^^Uc.^^^^ THE MEXICAN GRANTS. 209 ant of the province to make grants to the mission Indians of lands of themissions, either in community or individually. But apart fiom any directgrant, they have been always reckoned to have a right of settlement; and weshall find that all the plans that have been adopted for the secularization ofthe missions, have contemplated, recognized, and provided for this right. Thatthe plan of Hijar did not recognize or provide for the settlements of Indians,was one of the main objections to it, urged by Governor Figueroa and theterritorial deputation. That plan was entirely discomfited; all the successiveones that were carried into partial execution, placed the Indian right ofsettlement amongst the first objects to be provided for. We may say, there-fore, that, however mal-administration of the law may have destroyed itsintent, the
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