The Old Franciscan Missions Of CaliforniaJames, George Wharton
Religion
The Old Franciscan Missions Of California
James, George Wharton
Franciscans -- California; Spanish mission buildings -- California
Temecula, with one hundred eighty-one persons, has had allotted to its
members three thousand three hundred sixty acres, which area, however,
is "almost worthless for lack of water."
Let us reflect upon these things! The poor Indian is exiled and expelled
from the lands of his ancestors to worthless hills, sandy desert,
grazing lands, mostly poor and mountainous land, while our powerful
government stands by and professes its helplessness to prevent the evil.
These discouraging facts are enough to make the just and good men who
once guided the republic rise from their graves. Is there a remnant of
honor, justice, or integrity, left among our politicians?
There is one thing this government should have done, could have done,
and might have done, and it is to its discredit and disgrace that it did
not do it; that is, when the treaty of Guadalupe Hidalgo transferred the
Indians from the domination of Mexico to that of the United States,
this government "of, for, and by" the people, should have recognized the
helplessness of its wards and not passed a law of which they could not
by any possibility know, requiring them to file on their lands, but it
should have appointed a competent guardian of their moral and legal
rights, taking it for granted that _occupancy of the lands of their
forefathers would give them a legal title which would hold forever
against all comers_.
In all the Spanish occupation of California it is doubtful whether one
case ever occurred where an Indian was driven off his land.
In rendering a decision on the Warner's Ranch Case the United States
Supreme Court had an opportunity offered it, once for all to settle the
status of all American Indians. Had it familiarized itself with the laws
of Spain, under which all Spanish grants were made, it would have found
that the Indian was always considered first and foremost in all grants
of lands made. He must be protected in his right; it was inalienable. He
was helpless, and therefore the officers of the Crown were made
responsible for his protection. If subordinate officers failed, then the
more urgent the duty of superior officers. Therefore, even had a grant
been made of Warner's Ranch in which the grantor purposely left out the
recognition of the rights of the Indians, the highest Spanish courts
would not have tolerated any such abuse of power. This was an axiom of
Spanish rule, shown by a hundred, a thousand precedents. Hence it
should have been recognized by the United States Supreme Court. It is
good law, but better, it is good sense and common justice, and this is
especially good when it protects the helpless and weak from the powerful
and strong.
In our dealings with the Indians in our school system, we are making the
mistake of being in too great a hurry. A race of aborigines is not
raised into civilization in a night. It will be well if it is done in
two or three generations.
Public-domain text, read in full here on John Shaqi.
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