. REPORT OF SPECIAL AGENT JOHN G. AMES

ON THE CONDITION OF THE MISSION INDIANS*

WASHINGTON, D.C., Oct. 28, 1873

SIR: I have the honor to submit the following report touching the

iumber, location, ahnd condition of the so-called Mission Indians of Southern

lifornia," with such recommendations in their behalf as seem best adapted
m meet the exigencies of their situation.

In accordance with your instructions, I proceeded in May last to
tuthern California, where, on the 1st of June, I fixed the headquarters

f the agency at Los Angeles. At this point I was detained several weeks, in

nsequence of the severe illness of a member of my family.    This detention,
owever, was rather favorable than otherwise to the investigation upon which
-was about to enter. It gave me the opportunity of learning the views of

guy of the citizens of Los Angeles and vicinity concerning the Mission Indian

estion, of acquainting myself with many facts in regard to the past history

management of these Indians, tending to throw light upon their present
dition, and of advising with those whom I found best informed upon the

bject as to what was best to be done with and for them.   It gave me, also,
* opportunity of learning, from the officers of the land-office at Los

eles, so far as the records of that office indicate, the status of land in

uthern California, which will aid materially in the solution of this question.
will say in this connection that I found the sentiment of the people of Los

eles for the most part friendly to the Indians, ,and in favor of the Govern-
i nt doing something without delay in their behalf. There is a general

ling among those who give any attention to the subject that action in the
emises has already been too long neglected, increasing the grievances of

bich the Indians complain, and making it ever more difficult to remedy the
vils to which they are subject.

During my stay at Los Angeles I had several conferences with Indians
? the San Luis Rey tribe; the first on June 12, with certain Indians living

Los Angeles, who expresed their gratification that the attention of the
Dvernment was at length directed to them, and their hope that they might

^on be secure in the enjoyment of their rights. They desired especially that
heir title to lands now occupied by them should be so confirmed that they

lud not be driven from them by white men, and thought if this were done the
hdians could easily take care of themselves.

Information having been communicated to the Indians living at Pala
hd vicinity that an agent of the Government had reached Los Angeles, I was

a few days visited by Olegario, actual chief of the large majority of the

m Luis Rey tribe, though not recognized as such by the late superintendent of

geport of the Commissioner of Indian Affairs for 1873, Appendix A, pp. 29-

0, 1874.

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Indian affairs for California. Olegario was accompanied by ten of his captains.
With these Indians I had protracted interviews on the 23rd of June and on the
3rd and 5th of July. They had come to lay their grievances before me and
to ask the speedy interposition of the Government in their behalf.

The burden of their complaint was to the effect that they had been
gradually driven from the lands which they or their fathers once occupied

the title to which they thought justly belonged to them, until at the present
time but little available land remained to them; that white men were in many
cases endeavoring to take from them the lands upon which they are living,

and by the cultivation of which they gain a partial support; that they were
frequently annoyed by the settlers interfering with water upon which they

depended for irrigation, corraling their stock, and subjecting them to fine
for the same, or taking it from them altogether, threatening them with

violence, and in other ways invading what they believe to be their rights; that;
in disposing of lands the agents of the Government have never recognized the
possessory rights of the Indians, and that in consequence they have been,

and are still, obliged to abandon lands which they have held in immemorial

possession, and to remove from places to which they are specially attached,
as the home and the burial-ground of their ancestors, and this without any
provision being made for them elsewhere.

They desired the Government to interfere to prevent this being done
hereafter, and to secure them in the possession of the lands now occupied

by them. If this was done they could readily support themselves, and were
willing to do so, without aid from the Government, except in the matter of
farming implements and seed and clothing for the supply of their immediate
wants.

They urged, furthermore, as a special grievance, that their right to
elect their own chief had been interfered with by the late superintendent, and
that the Government recognizes as chief an Indian who was repudiated by nearly
all the tribe, against whom they protested at the time of his appointment, two
years ago, and whose authority they had since disregarded. They wished a new
election ordered, that the tribe might choose its own chief and be no longer
even nominally subject to one to whom so few owed allegiance.

In reply I assured them of the sincere desire of the Government to
secure their rights and promote their interests, and of its intention to do

whatever might be found practicable in this direction; that I had been sent out
by the Government to hear their story, to examine carefully into their

condition and recommend such measures as seemed under the circumstances most
desirable; that I should, as soon as possible, visit them in their homes and
see with my own eyes how they were situated, so that I might be better able
to advise in their behalf.

It was a matter of special gratification to me that at the conference
with Olegario and his captains, held July 3, General B. R. Cowen, the Assistant
Secretary of the Interior was present to listen to their story and to give

them wise counsel. General Cowen expressed himself as particularly pleased

with their appearance, and hopeful of their future if they were to be regarded
as speciments of the Mission Indians.

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TOUR OF INVESTIGATION

On July 7 I started on a tour of investigation among the Indian

tlements of the San Luis Rey tribe, accompanied by Mr. L. E. Sleigh, who,
h the approval of the Indian Office, had been appointed clerk of this
ncy, and by Mr. Louis Wartenberg as interpreter.

We reached San Juan Capistrano the next day, where we called upon
.Jos. Mutt of the Roman Catholic Church, whom we found much interested

the Indians of that locality and in possession of information of interest

regard to the pueblo lands adjacent to the mission property. He showed us

ies of record matter obtained at great trouble and expense from the archives
San Francisco, from which it appears that the pueblo of San Juan Capistrano

in the year 1841 actually subdivided by the Mexican authorities among the
abitants, the Indians sharing with the Mexicans in this distribution.

If the claim of the Indians residing there, of whom there are about
ty souls, can be established, as Rev. Mr. Mutt believes, the problem as
as they are concerned will be easily solved.

On the 11th we proceeded to San Luis Rey, where are to be found half
zen families of Indians living upon land in dispute between them and one
n Somers. The condition of these Indians, as well as the facts in the

e of this dispute, are ably set before the Department by the late superin-
dent, C. B. Whiting, in a special report under dat of May 19, 1873, to
ch reference is respectfully made.

On the 12th we proceeded thence to the city of San Diego, remaining
re until the following Monday evening for the purpose of conferring with

of the citizens of the place as to the condition of the Indians of the
ntry and the course best to be pursued by the Government to better their
ndition. A diversity of opinion prevails, but all agr-e that the disputes

tween the Indians and Americans involving titles to land should be speedily
tled.

Reaching Pawai on Monday evening, I was there detained by illness
days, but sent Mr. Sleigh and the interpreter forward to visit certain

ian villages with the understanding that we should meet at Pala, the head-
rters of the San Luis Rey tribe. Mr. Sleigh's report of his detour is here
erted:

LOS ANGELES, CAL.,
July 31, 1873

"DEAR SIR: I have the honor to submit the following report of my

sit to the Indian villages of San Pasqual, Santa Ysabel, and Agua Caliente,
the county of San Diego, State of California.

"I reached San Pasqual on the 15th instant, from Pawai, where you
kre yourself detained. I proceeded at once to the house of Panto Lion,

kptain of the village, and requested him to summon his people together on

e following morning for a conference, at the same time explaining to him that

had been sent by the Government at Washington to inquire into their condition
t to ascertain if anything could be done by the Government to aid them.

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"The villagers began to assemble early. At the appointed hour the
captain rose, and in a short speech in the Indian language, which seemed to
be both eloquent and well appreciated, gave his hearers to understand the

errand upon which I visited them. A lively interest was manifested by every
one.  They complained of the encroachments of their American neighbors upon

their land, and pointed to a house near by, built by one of the more adventur
of his class, who claimed to have pre-empted the land upon which the larger
part of the village lies. On calling upon the man afterward, I found that

such was really the case, and that he had actually paid the price of the land.
to the register of the land-office of this district, and was daily expecting
the patent from Washington. He owned it was hard to wrest from these well-
disposed and industrious creatures the homes they had built up. 'But,'

said he, 'if I had not done it somebody else would, for all agree that the
Indian has no right to public lands.' These Indians further complain that

settlers take advantage of them in every way possible; employ them to work an
insist on paying them in trifles that are of no account to them; 'dock'
them for imaginary neglect, or fail entirely to pay them; take up their

stock on the slightest pretext and make exorbitant charges for damages and
detention of the stock seized. They are in many cases unable to redeem it.
They have therefore little encouragement to work or to raise stock. Nor do
they care to plant fruit-trees or grape-vines as long as land thus improved
may be taken from them, as has been the case in very many instances. Among

the little homes included in the pre-emption claim above referred to are those
adorned with trees and vines. Instead of feeling secure and happy in the

possession of what little is left to them, they are continually filled with
anxiety. They claim that they ought to be allowed to remain where their

forefathers have lived for so long, and that they should be protected by law
in the peaceful possession of the homes that have been handed down to them.

"I asked how they would like for their children to go to school,

learn to speak the English language, and to live more like white people. It
would be very nice, they replied, but it would do them little good if they
could not have their homes protected.

"I asked them how they would like to be moved to some place where

they could be better protected, have ground of their own secured to them, and
more comfortable homes. The answer vas, 'Our fathers lived and died here,
and we would rather live-here than at any other place.'

"In conclusion I assured them that I should report what I had learned
ahout them, and that I had little doubt but that the Government at Washington
would be able to do something to better their condition, charging them at the
same time to strive, as I felt they had been doing, to keep the peace among
themselves and with the whites.

"I proceeded thence by the most direct route to Santa Ysabel rancher:
On reaching that place, I found the captain, Augustine, absent; sent a messeng4
for him, and also one for the chief on the Diegenes, Pablo Pene, who lives in
a neighboring rancheria. There are about one hundred and twenty-five souls

at Santa Ysabel. They occupy the finest valley of the ranch of the same name,
on one side of which are about twenty adobe houses for winter-quarters, while
on the other side, near their fields of grain, are as many brush-houses, now
occupied. At the time that I reached the village, men, women, and children

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were scattered over the fields harvesting their grain. Some were reaping,
same thrashing, some grinding, while near the houses women were making it

into bread for immediate use.  It was altogether an interesting picture to
,-:look upon.

"The chkef and captain arrived during the night, and as soon as

ossible in the morning I sought a conference with them in relation to the
ondition and wants of their people. I was glad to find them exempt from

ny of the annoyances of which the Indians of San Pasqual complain. The

and which they occupy is claimed under a grant from the Mexican government by
rivate parties, who have hesitated to undertake to eject the Indians for

ear of violence on their part in resisting, as they (the Indians) dispute

ownership more sacred than their own, and insist that they should bot be
istrubed in their possession.

"I reached Agua Caliente on the 17th instant.   From a notched stick
en me by the captain of the village, Jose Maria Moro, it appears that there
lone hundred and sixty-eight Indians at that place.   The land upon which
y live has been understood to be of the public domain, until a recent

vey of Warner's ranch betrayed the fact that it was included within the

ndary of said ranch. The owners of the ranch threaten to drive them away,

settlers have interfered with their water-privileges, and annoy them in many
ys. On the whole they have little to encourage them, and begin to feel
t the white man is their enemy.

"My talk with the Indians of Santa Ysabel and Agua Caliente was

stantially the same as at San Pasqual. They look to the Government to re-

ve them of the difficulties under which they now labor. They are peaceably
,posed, and for the most part industrious, and deserve better treatment
n they get.

"At San Pasqual and Agua Caliente I was called upon by white settlers,
majority of whom had no good word for their dusky neighbors. 'They are
eves; they are treacherous; they are vagabonds.' It was urged that they

ld be taken to some one of the Territories and surrounded by soldiers to

p them at home, or to some ibland in the sea. I found, however, little in
journey to confirm such opinions, but was glad to note many indications of
ift. I could but wonder, indeed, that they are as reliable, honest, and

ceable as I found them to be. The sentiments entertained by very many white
in Southern California toward the Indians are well illustrated in the
clusion to which the proprietor of a small ranch near Temecula came in

senting the subject to me from his stand-point. It is well to mention that

aemily of Indians has occupied one corner of his ranch 'from time immemorial.'
wise and humane (?) conclusion was that the owners of large ranches should
drive 'their Indians' away, but should keep them to work for them, and

apart certain portions of the ranch for them.   'There is worthless land
gh upon every ranch,' he said, 'for Indians to live on.'

"The Indians of San Pasqual and Santa Ysabel belong to the Diegenes

be, with Pablo Pene chief, while those of Agua Caliente are Coahuila Indians,
r the chief-ship of Manual Largo. The two tribes speak different dialects;
w in either tribe can speak the Spanish language, but I found none able

onverse in English. The aggregate number of the Diegenes is estimated at

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one thousand, distributed in about fifteen racherias, which are situated in
the central and southern portions of the county of San Diego.

"All of which I have the honor to submit.

"LUTHER E. SLIEGH
"REV. JOHN G. AMES,

"Special Agent Mission Indians."

Proceeding by way of San Pasqual and Bear Valley, for the purpose
of examining the country with reference to a reservation, I reached Pala

on the 18th, where, on the next day, I had interviews with Jose Antonio Sal,
chief, and with Manualita Cota, ex-chief of the tribe; also visited the

flourishing Palma rancheria on the Palma grant, reaching Rincon, the residence
of Olegario, whom most of the tribe acknowledge as chief, the same evening.
Here I was rejoined by Mr. Sleigh on the 20th.

It being Sunday, we held in the evening a religious service, which
was attended by most of the Indians of the rancheria, who gave respectful

attention to the words addressed to them. At their special request this servic
was concluded with the recital of a portion of the liturgy of the Catholic
Church, one of their own number leading and the rest responding.

Visiting the potrero, near by, on the next day, I found an Indian

family of unusual interest, because of their greater intelligence and generally-
recognized superiority among the tribe. The head of the family was absent,

but his wife, "Margarita," known far and wide among the Indians, seemed quite

competent to take the management of affairs in his absence. This Indian woman
claims a half league of land which was granted by the Mexican government to
her grandmother, and which she now holds by her mother's will intrust for

the heirs of the same. The rancheria upon this land is composed chiefly of
these heirs, who derive from the land a comfortable subsistence.

Returning to Rincon, I had the good fortune to witness in the evening`
one of the traditional dances in which the Indians take so much delight.   It
was conducted in an orderly manner; nor was it carried to excess, and could

hardly be regarded by any-as other than a safe and commendable amusement for
them.

On the 21st, at this place, a conference was held with the San Luis

Rey Indians. Runners had been sent out to inform those living in the different
rancherias, and a large number had come together eager to hear the news from
Washington. This tribe takes its title from the Mission of that name. It is
father advanced in civilization than any other tribe of the so-called Mission
Indians. They have the reputation of being industrious, and for the most part

peaceable, and but for the difficulties they labor under, in consequence of the
unsettled condition of land matters and the disregard of their rights by the
settlers, would be self-sustaining and make reliable citizens.

At present they are in trouble about their chief, as indicated at
the conference at Los Angeles. A large majority perfer Olegario, and if an

election were held now he would doubtless be chosen. He is intelligent above

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the average, peaceably disposed toward the whites, capable of controlling

his Indians -- for he is virtually chief, notwithstanding the action of the
late superintendent -- and is at the same time an enthusiastic defender of

|his people and disposed to take advanced grounds on questions of their rights.

,A more competent man altogether cannot be found in the tribe.

Manualita Cota and Francisco Magla, ex-chiefs, and Jose Antonio

Sal, chief, were also present at the conference. We were obliged to employ
two interpreters, in order that all could be made to understand what we had

o say. I began by reading my letter of instruction, and explained the same
to them. Much satisfaction was expressed at the prospect of relief from
the Government at Washington.

They complained that they were subjected to many indignities from
hite neighbors who covet the lands occupied by them; that the water they
ad long depended upon for irrigation had been turned out of its course,

endering their lands useless. Lands that they have supposed to belong to

hem have, on various pretexts, been wrested from them. They feel that the
vernment should protect them from injustice in such matters. They also

ressed a desire that schools should be established among them, so that
heir children may learn to speak the English language and live more like

ericans.

I explained to them, at length, the law in relation to the Govern-
ent and grant lands upon which they live; also, the laws of the State
elative to the care of stock, and trespass by the same.

In regard to the election of a chief, about which intense feeling
revails, I told them I would refer the question to the Government for
nstructions, as I had no authority to order an election at present.

In conclusion, addressing Olegario and his captains, and then Jose
tonio Sal and his captains, I charged them to see that the peace be kept
d the rights of everybody's property respected; that there should be no

trife among themselves, but that all should work together for the common good.

The aggregate number of the San Luis Rey tribe, as reported by the
everal captains, is nine hundred and seventy-five. These are distributed
E ten rancherias, scattered over the northwestern portions of San Diego

nty and located some upon Government and some upon grant lands.

On the whole the conference resulted satisfactorily. The Indians

pressed themselves as willing and anxious to live at peace with the settlers,
d ready to wait patiently, yet longer, for the Government to take such

tion as will secure them in the enjoyment of their rights. They preferred
ny requests, most of which are implied in the recommendations which are to
llow.

Leaving Rincon we rode over the mountains to Temecula, where is an
ndian village, and from thence returned to Los Angeles.

On the 1st of August I set out to visit the Coahuila Indians. This
ibe is divided into two sections, one under Cobezon as chief, living in

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San Gorgonio Pass, and in the desert beyond; the other, under Manual Largo,

located principally in the San Jacinto and Coahuila Valleys south of the San

Jacinto Mountains. The existence of the first-mentioned section of this tribe
has seldom, if ever, been recognized in any official report concerning the
Indians of Southern California.

Proceeding by way of San Bernardino, I visited Mr. M. H. Crafts,

residing near San Gorgonio Pass, whose letters to the Indian Office in regard
to these Indians had been referred to me by the honorable Commissioner. I

found Mr. Crafts thoroughly interested in their welfare, and well qualified,
through twelve years' acquaintance and friendly intercourse with them, to
render me efficient service. He accompanied me in my visit to the desert,
where, in our conference with the Indians, I saw in their manifest regard
for him how readily their confidence and good-will are awakened by kindly
treatment and sympathy.

A messenger was dispatched to summon Cabezon and his captains to

meet me at the potrero in the San Gorgonio Pass, on the following Wednesday.
Proceeded through the pass as far as Warm Spring Station for the purpose
of visiting a rancheria there located, and of ascertaining from actual

observation the condition of the desert Indians, returning to the potrero
to meet Cabezon according to appointment.

The venerable old man, supposed to be upwards of ninety years of
age, arrived about noon of the day designated, as the head of a company of

horsemen in single file, heralded by a marshal in uniform, who announced the
approach of the chief and captains with much pomp and noise. The company

seemed much exhausted from the fatigue of their hot ride through the desert,

while the condition of their horses indicated great destitution in the matter

of pasturage. Cabezon had the previous day sent an urgent request that meat and
flour should be furnished them on their arrival, as they were not able to

supply themselves with food at the conference. I could not do otherwise than
comply with this request, purchasing the necessary provision of a white

settler in the pass. This aged chief is in many respects a remarkable man.

He is venerated by all his people, over whom he has long exercised a powerful
influence and always in the interest of peace and good-will toward the whites.
Even when their rights have been disregarded and their enmity excited, he has
withheld them from acts of- ostility, persuading them to wait until the

Government should come to their aid. Through his influence, also, the tribe
has been kept from allying itself with the tribes on the Colorado River for
the purpose of making war upon the whites. His efforts seem from the first
to have been devoted to the preservation of the peace between the two races.

The mind shudders at the contemplation of what would probably have
been the results to the inhabitants of San Bernardino County had Cabezon and
his tribe assumed a different attitude. More than this, the whites of that
section of California have been largely dependent upon these Indians in the

care of their farms, much of the labor in all departments of farm-work being
performed by them. Many of the land-owners would have been subject to great

inconvenience had not this Indian labor been available. In the mean time the
Indians have reaped no permanent advantage from their labors; they have only
become demoralized by their contact with the whites.

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After resting a while and partaking of some refreshments, Cabezon
announced himself ready to proceed with the conference. This took about
the same direction as that at Rincon, detailed above.

The Indians dwelt at length upon the encroachments of the whites,
depriving them of lands to which they asserted their sole ownership, and

."driving them back into the desert, where they must soon perish. They were

|very reluctant to proceed to the consideration of any other questions until

they should be assured of the restoration of lands wrested from them, or, at
least, of the peaceable retention of what they now occupy. They were very
auch disposed to eject by force one or two trespassers who were just then
annoying them, and were induced to defer such action only on my assuring

them that their grievances would be made known at Washington, and that I felt
,confident the Government would protect them in their rights.

They complained also of being overlooked in the distribution of
presents, saying they had received only the merest pittance, while other

Indians, who were not more deserving than they, had been liberally supplied.
To this I replied by assuring them that the Government would endeavor to

prevent any unjust discrimination hereafter, and that in any future distribu-
tion of goods among the Indians of Southern California they should receive
their proper share.

They requested that schools might be established among them, and
ressed a willingness to co-operate with the Government in any effort it
hould make for their benefit.

In conclusion, Cabezon said he was growing very old,and must soon
lie, but he wished before he passed away to see his Indians settled upon

ands which they could call their own, and hwere they and their children

ould live unmolested. At a subsequent interview with Cabezon and a few of

s tribe at the residence of Mr. Crafts, the same topics were still further
scussed, with the additional request that the Government regard his wish
ncerning his son, then present, whom he had appointed his successor as
hief of the Coahuilas.

The aggregate number of this section of the tribe, as reported by
the several captains, is one thousand and eighty, distributed in about

elve rancherias. Most of these rancherias are located in the desert or

ong the mountains bordering the same, where but limited opportunities for
rocuring a livelihood are afforded.

At the potrero, however, where the conference was held, there

Ire, I should judge, eight hundred acres of irrigable land. This land has

een occupied from time immemorial by these Indians, and has, I was told, been

garded as a kind of retreat for the squaws and the aged of the tribe, whenever
ney had been driven back from the now more settled portions of San Bernardino
unty. The potrero has been supposed to be well fortified against American
ttles by the situation of their village at its entrance; but within a few
nths an adventurous white man, coming over the mountain, has taken up his

ode in the upper part of their domain, where he constructed a rude dwelling
fore his presence was known to the villagers. They demanded that he be
de to give up to them again their former pasture-grounds, and said they

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would have expelled him by force, had they not heard of my coming. They,

however, reluctantly consented to wait still longer to enable me to present
the facts in the case to the Government at Washington.

We proceeded thence by way of San Bernardino and Riverside, the

nearest available route, to visit that portion of the tribe which recognizes
Manual Largo as chief, residing principally in the San Jacinto and Coahuila

Valleys.  I found the Indians of San Jacinto involved in the usual difficulties
with the whites. This rancheria is located partly upon a grant, and in close .'

proximity to the principal spring of water in the valley. Bitter disputes hayj
sprung up between the two races, which threatened at one time to result in
acts of violence. The whites accuse the Indians of running off and killing

their stock.  This, I have no doubt, is sometimes done, though by no means to
the extent alleged.

The Indians on the other hand accuse the whites of driving them from
their lands and of wresting from them their homes, in violation of every

principle of justice, protesting their unwillingness to submit longer to such
treatment, and their purpose to take matters into their own hands unless the
whites desist from their encroachments or the Government protects them in
their rights.

Those living in the Coahuila Valley are more isolated and so less     -
subject to annoyance from settlers. They have, however, driven off one or two
whites who have attempted to squat upon their lands, and declare their inten-
tion to pursue the same course in the future if like attempts are made.

This section of the Coahuila tribe is less peaceably disposed

more inclined to resort to force in the maintenance of what they believe to
be their rights -- than any other Mission Indians. They have, during the

past summer, been very much excited by the presence among them of the United
States marshal, who came for the purpose of arresting certain parties accused
of stealing stock.  The state of feeling is such that I deem it very important
that adequate measures be taken to preserve the peace and to secure the rights
of both parties at the earliest practicable moment.

A conference was held with Manual Largo and his principal captains,
in the Coahuila Valley. -This conference, in its main features, so clearly

resembled those already held, that I deem it unnecessary to give a detailed
account of it.

The Indians under Manuel Largo, who was appointed chief by the late
Superintendent Whiting, number, as reported by their captains, eight hundred
and fifty-seven. They own more stock and are less given to agriculture than
their fellow Indians; this is owing, in part, to the fact that much of their
land is situated at such an elevantion that grain or vegetables cannot be
grown because of frost.

Returning to Los Angeles we proceeded thence to San Diego for the
purpose of examining into the condition of Indians residing in the southern

part of San Diego County. Having heard that there were quite a number in the
vicinity of Julian, a mining town situated some seventy miles in the interior,
we visited that locality. Julian is a resort to which many Indians flock for

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the purpose of procuring liquor, or for purposes still more reprehensible..

No Indian village, however, is located there, nor could I learn of more than
two or three rancherias along the southern border of the county. It was
impracticable to hold any conference with them from their being so much
scattered.  Their condition very closely resembles that 6f the other

Diegenes above referred to in Mr. Sleigh's report.   Quite a number of this

tribe are always to be found in the neighborhood of San Diego, and always in
a demoralized state. The facilities which towns afford for vicious and

debasing indulgences prove to no class more disastrous than to the Indians.

My tour of investigation among the Mission Indians has made me

more hopeful than I had anticipated in regard to their future, provided the
Government is ready to do what ought to be done for their relief.

In connection with many characteristics which belong to them in

common with the rest of their race, they exhibit others more closely allying
them to whites, of which efficient use may be made in efforts which the

Government shall undertake in their behalf. Their contact with the whites,
vhile in many respects it has wrought harm, has in others operated to their
advantage, especially as it will facilitate their future acquisition of the

arts of civilized life. While they complain of the manner in which they have
been treated by the whites, I discovered very little of the spirit of

revenge among them. So far from this, I think no other race would have borne
so patiently and with so little effort at retaliation the indignities and

wrongs to which they have been subject. They are generally indolent, which,
under the circumstances, is not a matter of surprise. I believe, however,
they can be persuaded to labor if those inducements are presented to them

that are most influential with other men. They are thriftless and wasteful,

but there have been, in their case, small encouragements toward the cultivation
of better habits. They take little thought of the morrow, satisfied if
their present necessities are supplied. This fault, however, can be

gradually remedied by establishing Among them that individual relation to

roperty which subsists among the whites, and by fostering a desire for its

cquisition.

The sanctity of the marital relation is sometimes disregarded by

'them, but the law of chastity is most frequently violated through the persuasions
of coprupt white men, who look upon the Indian as the defenseless victim of
their lusts. The evils resulting from this are so serious as to demand the

nactment of the most stringent laws tending to the suppression of this vice.
uilty white men should be made to feel severely the consequences of their
acts. The infliction of punishment will operate more efficiently than any
effort to keep the two races separate.

The worst habit on the whole, in its results, to which they are

ddicted in intemperance. This works fearful demoralization among them. The
law forbidding the sale of liquor to Indians is violated with impunity.

otice has seldom been taken of such violation by those charged with the

xecution of the laws, partly because there has been no agent to interest
imself in the matter, and partly because public sentiment has too often

egarded the Indian as lawful prey even for whisky-sellers. Very unsatisfactory
esults have for the most part followed attempts to secure conviction under

he law. The attention of the Government is earnestly called to this subject.

I

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I

It is probable that some change in the law itself, or in the provisions for
its execution, may be made by which it shall be rendered more efficient in
the suppression of this evil.

As for other evils incident to their situation, and other faults
of character, these, I think, can, in large measure, be gradually remedied
by the Judicious management and good example of the agent who shall be

put in charge of them, and of his subordinates, and especially by bringing
them under the wholesome influence of law -- both State and national --

whose protection and restraint will serve to promote order and peace, to

check individual license and self-will, and to foster a spirit of subordina-

tion and a just regard for each other's rights. I deem it of great importance
that these Indians should be treated as standing in the same relation to

the laws of the land as white men, and should be taught that violations of
law would subject them to punishment by the civil authorities.

THE RELATION OF THE MISSION INDIANS TO THE UNITED STATES GOVERNMENT

The Mission Indians became subject to the jurisdiction of the United
States Government in virtus of the treaty of Guadalupe Hidalgo. By its

stipulations they were to occupy a relation to this Government analogous to
that sustained by them to the government of Mexico, and were to be protected
in the enjoyment of the rights appertaining to this relation. I shall not

here enter upon the discussion of the question of their citizenship under the

Mexican Republic. This question has been recently discussed in a report of the
late superintendent, Mr. Whiting, bearing date May 19, 1873, to which

attention is herewith called. In this report Mr. Whiting asserts the fact
that they were recognized as citizens by the government of Mexico and as

entitled to the privilege of voting. In accordance with this view it has been
decided by the United States court for the Territory of New Mexico, that the
Indians within the territory acquired by the United States from Mexico are,
by virtue of the provisions of the eighth article of the treaty of Guadalupe

Hidalgo of 1848, citizens of the United States. If this position is well taken
it would seem that, on their becoming subject to the jurisdiction of the United
States, they could not justly be denied all the special rights of citizenship,
or be treated as the Government has been accustomed to treat the wild and

uncivilized tribes with whom it has had principally to deal. As a matter of
fact, however, they have bever been recognized as citizens by our Government,
nor as entitled to any rights which a citizen is bound to respect.

They occupy an anomalous position. No treaty has ever been made with
them by which they could be recognized as imperium in imperio. They have never
assited a hostile attitude toward the Government or the settlers, requiring
the employment of force for their control. They never urged their claims

upon the attention of the Government until recently, when it has become evident
to them that they will soon be deprived of everything they had thought their
own unless the Government interfere to prevent it.

They maintain their tribal relationship and self-government only in
a modified form, holding themselves amenable to the laws of the United States
and of the State of California. Tribal bonds are becoming gradually weaker,
and no distant day it is probably they may be readily persuaded to dissolve
this relationship altogether. It would not, in my view, be wise to attempt
this dissolution at present. Nor would it be wise to admit them as a whole

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to the privileges of the franchise, unless justice requires this -- unless it
can be clearly shown that this right was guaranteed by the treaty of

Guadalupe Hidalgo. it is very desirable, however, that they should be admitted
to all the rights of citizenship as soon as practicable, and that they

should as far as possible be encouraged and helped to fit themselves for the
intelligent exercise of these rights. There are a few who are already well
qualified and ready to become citizens, and who are willing, if necessary
to this end, to renounce all tribal jurisdiction.

Three Indians at least have recently made application to be registered
as citizens in Los Angeles County. Their petition was refused by the clerk of
the county court, acting under the advice of the district attorney, on the

lole ground of their being Indians. They then referred the matter, through
their attorney, C. N. Wilson, esq., to the United States commissioner at Los
Angeles, asking him to take such action in the premises as would fully test
their rights in this regard under the Constitution.   He refused to have

;anything to do with the case, further than to transmit the affidavits of

the Indians to the district attorney at San Francisco. Here the matter rests
for the present, with little prospect that anything in their interest will
be done by the officers of justice, to whom they have made appeal. Should
this claim continue to be disregarded, the attention of the Government will

again be called to their case, in the hope that some provision will be made,
if not already existing, by which they, and such as they, can readily secure
their recognition as citizens of the United States.

I deem it important that whatever hinders this should, so far as

possible, be removed, and that in the management of these Indians the Govern-
ment should always keep in view their incorporation with the body-politic
at the earliest practicable moment.

THE RELATION OF THE MISSION INDIANS TO THE LANDS

It will be observed one claim which these Indians urge with much
feeling is their right and title to the lands upon which they and their

tthers have lived from time immemorial. They assert their former ownership
9f all this country, and say that no purchase of any portion of it by white
en has ever been made.   Much of it, however, has been forcibly taken from
hem without their consent. They ask that this be no longer permitted, and

hat the Government secure them in the possession of the few acres now occupied
y them.

However valid this claim might have been under the Spanish government,
d with whatever show of Justice it may now be urged, it has, I take it, no

eal validity in law as applied to lands in general. Since the acquisition of
his territory the United States have never acknowledged any Indian title

o the land.  With other tribes treaties have been entered into, with a view
o the extinguishment of their title, involving often large expenditures of

e public money.  As regards these Indians, however, a committee of the United
tates Senate, to whom the matter was referred, reported that no such treaty

s necessary; "that the United States, acquiring possession of the territory
om Mexico, succeeded to its rights in the soil; and as that government

garded itself as the absolute and unqualified owner of it, and held that

e Indian had no usufructuary or other rights therein which were to be in any

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manner respected, they, the United States, were under no obligations to treat
with the Indians occupying the same for the extinguishment of their title."

In accordance with this view, the assumed Indian title has always
been disregarded by the land-officers of the Government in this district

and by settlers. As expressed by the present register of the land-office,
the location of an Indian family or families on land upon which a white

man desires to settle is, in law, no more a bar to such settlement than would
be the presence of a stray sheep or cow. And so, like sheep or cattle, they
have been too often driven from their homes and their cultivated fields,

the Government, through its officers, refusing to hear their protests, as

though in equity as well as in law they had no rights in the least deserving
consideration. Such, however, having been, and still being, the theory and

practice of the Government, I cannot think it possible that it will now turn a
deaf ear to the complaints and to the petitions of these Indians. Every
consideration of justice and humanity, and a regard for their continued

peace and good will, unite to urge the Government to make immediate provision
for the few that remain of these once populous tribes, to secure them in the

enjoyment of their rights and in the possession of homes which they can truly
call their own.

The question of the equitable title of the Mission Indians to lands
in California is discussed in the report of Superintendent Whiting, above.
alluded to, to which attention is again called.

The policy of the Spanish, and subsequently of the Mexican govern-
ment, was to intrust the care of the indians to the priests of the Catholic

Church. These priests were authorized to establish missions wherever required,
and to gather the Indians of the vicinity into communities about the missions.
Lands to the amount of from four to eleven leagues were assigned for the use

of each mission. The success which attended the efforts of these missionaries
is attested by the interesting, and in some cases remarkable, ruins of the
mission buildings erected by the Indians under their supervision, by the

degree of civilization to which the Indians were raised through their in-

flueace and instruction, by the fact that at some of these missions as many

as five thousand Indians were gathered; that upon the lands of the mission as
many as seventy-five thousand head of cattle were kept, besides large flocks
of sheep and other stock, while corn and other articles of food were grown
sufficient for their support.

I am led to believe that it was the design of the Spanish government
to erect these missions into pueblos, and to distribute the lands among the

Indians, giving to each family a certain number of acres as soon as they were
sufficiently civilized to warrant such a step. This distribution of lands,

however, was never made under the Spanish rule, and, so far as I am informed,
in only one instance under the Mexican rule. I refer to the mission lands

of San Juan Capistrano, which, according to documents now in the archives at
San Francisco, were so distributed by order of the Mexican government. Upon

some of these lands Indian families are still living, claiming possession, and
justly, I think, in virtue of this actlon.

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A large portion of these mission lands is now included in grants

claimed to have been made previous to the cession of this country to the United
8tates. Nearly all the rest has been taken up under the pre-emption and

homestead laws, so that of the many leagues once set apart for the special

,benef it of these Indians, and designed as their perpetual possession, not one
know remains to them.

Many Indians are at present living upon grants which have been

onfirmed by the United States. Whether they are entitled to remain there
nd to enjoy the use of the land, or are to be regarded as trespassers, is
question which must soon be decided.

I have been frequently told that whenever grants were made under the
xican government the right of any Indians then located upon the grant to a
ontinual residente thereon was reserved, and the grantee was forbidden to

ect or disturb them. I have not been able to verify this assertion. The
dians have assumed its correctness, and many of the grant owners have

itherto seemed to acquiesce; at least they have suffered the Indians to

main and enjoy the use often of the best portion of the grant, that, namely,
ose proximity to streams or springs of water makes it available for

ricultural purposes. The time will soon come, however, when they will

nd, and, I think on general principles, with justice, the removal of

ese Indians. But, irrespective of such demand, the interest of the Indians
11, in my view, be best promoted by removing them from grant-lands at the

liest practicable moment, and settling them upon lands to which the

vernment can give them title, and where all improvements shall redound to
eir own and their children's benefit.

MEASURES OF RELIEF DISCUSSED

In view of these facts to which attention has now been called; in

ew especially of the peaceable and friendly attitude which they have always
intained toward the Government; of the general indifference with which

eir interests have been hitherto regarded by the Government; of the supposed
justice and wrong of which they believe themselves to be the subjects; of

eir helplessness in the presence of an increasing immigration, which, with

e sanction of the law-, is driving them from their homes, and seizing, without

neration, upon possessions which they claim as their own; of the extremity
which they are reduced, now that nearly all the land available for their
has been taken up, an appeal is made to the Government that it will at
gth interpose its offices in their behalf, and take such action as will

ure them in the undistrubed enjoyment of their rights and in the possession
homes which settlers shall not be permitted to take form them. When this
eal is made to an administration which has signalized itself by the just
d humane policy it has adopted toward the Indians, I cannot think that it

1 be in vain. If other arguments or voices are needed to induce action on
part of the Government in this matter, I would refer to the reports of

r agents who have had to do with the Mission Indians, nearly all of whom
e earnestly recommended that ptovision should be made for them without
dless day.

What can be done?

I

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Many suggestions have been made looking to a solution of this perplexin
question. Some urge the policy of declaring them citizens, and then letting
them take their chances with white men in securing lands under the homestead
act. To say nothing, however, of their general want of qualification for
citizenship, nor of the improbability of their soon attempting to avail
themselves of the provisions of this act, there is little or no land in

Southern California from which they could gain a livelihood upon to them.
Almost all the land fit for agricultural purposes has been taken up by

settlers, or is claimed under Mexican grants.  The case would probably be very
idfferent were all spurious grant-claims disallowed, and the boundaries of
all genuine claims accurately defined, and the owners compelled to observe
these limits. The Government would undoubtedly then find itself to be the

possessor of many thousands of acres now claimed by private parties. There
might then be good land enough for the Indians and to spare. There is not
now. And to adopt the policy suggested would be only prejudicial to the
Indians' true interests.

Some advise that they be let alone, and left as heretofore to take
care of themselves, a policy which has already borne poisonous fruit, and

which would result in the still greater demoralization of both Indians and

whites, to say nothing of the bitter and hostile feelings which such a course
would engender among the former. It is not improbable that even the Mission
Indians might then be provoked to acts of hostility, insane as such conduct
might appear to us.

Others recommend that they be removed to a distance from their present
location, and be established on a reservation to be set apart for them either
in Arizona or in some part of California remote from white settlements, where
there will be least liability of trouble between them and settlers. This
course is advised by the press of San Diego, and would without doubt be

satisfactory to a large portion of the white population of San Diego County.

The arguments advanced in its support are chiefly to the effect that the area
of agricultural lands in San Diego County is so limited that it ought all

to be reserved for white men; that the presence of the Indian operates, and

will continue to operate, as a hinderance to the development of the resources

of the country, and that only increasing demoralization can be expected from the
continued contact of the Indians with the whites.

This would certainly be a simple solution of the problem if it were
practicable and just, neither of which can I think it to be.

The recommendation does not contemplate, except in a most indirect

way, the welfare of the Indian. It ignores all rights he may be supposed to have
in the land he now occupies, and disregards any preference he may cherish in
regard to his future location. It is suggested simply by a desire that that

section of country may be rid of a population regarded by many as an obstacle
in the way of their own prosperity, requiring for their support some portion
of the good land whose possession is coveted for white settlers. It would,
if undertaken, be a purely arbitrary measure, and could only be executed by

force, as the Indians would not voluntarily relinquish their present homes to be
transferred to some distant and unknown region.

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I

Nor am I disposed to think that their being permitted to remain in the
8 country and to occupy arable lands will retard agricultural development.  On the

contrary, I believ that if subj ect to judicious oversight and direction, and
`3ade secure in the possession of lands, such lands would soon yield under

their management as large returns as would result if they were in the hands of

white men. I see no reason to doubt but that in a few years many of them would
become skillful farmers, whose peaceful labors would tend to increase from
'year to uear the aggregate wealth of the community. But even if this were

altogether doubtful, I think the dictates of justice and wisdom would forbid
,the approval of the plan above suggested on the part of the Government.
:          MEASURES OF RELIEF RECOMMENDED

It remains for me to indicate the measures that commend themselves
to my judgment as most judicious in the premises.

I recommend --

In regard to the San Luis Rey Indians -- That, wherever they are now
ound located upon Government lands, such lands be set aside for their use,
to the amount of not exceeding forty acres to every head of a family and to
*very unmarried adult male Indian; that for such of the tribe as are now

ettled upon land owned by private parties, the unappropriated land in Pala
ud the adjacent township 9 south, ranges 1 and 2 west, San Bernardino

ridan, be reserved to be distributed in poirtions not to exceed forty acres
o each head of a family and to each unmarried adult male Indian. The un-

divided portion to be held in common for purposes of pasturage. There townships
formed a part of the reservation set apart for the Mission Indians in A.D.

870, but subsequently restored to the public domain.

Pala is the site of one of the old Catholic mission churches, and
* place to which many of the Indians are still attached. Some of the best

ands of these townships have been taken by settlers, but there remains

nough, I think, to provide adequately for such of the tribe as are not other-
se provided for. There is water in the San Luis Rey River, which flows

brough the valley, sufficient for purposes of irrigation if the Indians be
roperly located and the water equitably distributed. Considerable expense
11 attend such distribution, as the water must be conducted long distances

ditches in order to be available for any large extent of territory.   The
and, however, cannot otherwise be made productive, and I think the result

11 justify all necessary expenditure.

The Indians who own lands in their own rights should be strongly
rged to retain them in their position and to transmit them to posterity.

Concerning the question of the chieftainship of this tribe above

teferred to, I recommend that a new election be allowed, as the large majority
esire, to be held at such time as the agent deems best, with the distinct

derstanding that if any portion of the tribe should object to being put

uder the chief then elected, they would be held as exempt from his jurisdiction
n the condition of their renouncing their tribal relation and registering
hemselves as citizens of the United States.

I1

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I

I advise this course the more readily from a persuasion that if any
avail themselves of this provision it will be a few of the more intelligent
of the tribe.

In regard to the Diegenes -- I recommend that townships 12 south, rang
1 north and 1 east, and 13 south, range 1 north and 1 east, San Bernardino
meridan, be set aside as a reservation for their use. This will involve

an expenditure of several thousand dollars in the purchase of improvements
made by settlers, which improvements, however, would then redound to the
benefit of the Indians.

These townships constituted a part of the reservation above alluded
to, and include lands by far the most available in San Diego County for the

purposes in view.   I regard it as most unfortunate that the order designating
Pala and San Pasqual as an Indian reservation was ever revoked, and am
convinced that this steop would never have been taken had not utterly
false representations been made to the authorities in Washington.

The expense and difficulty of satisfactorily settling this Mission

Indian question have, in my judgment, been very much increased by such action*

If it be deemed inexpedient by the Department to purchase the

improvements referred to above, I then suggest that the lands of these town-
ships, not already taken up, be withdrawn from sale and reserved for these
Indians.

The only alternative provision that presents itself to my mind is
the purchase of some private grant.   This would be attended with large

expense, and in my view no grant-lands can be found which will meet the re-
quirements of the case as fully as the San Pasqual Valley, included in the
townships above mentioned. For further testimony concerning Pala and San
Pasqual, I would respectfully refer to reports as follows, viz: Special
report of B. C. Whiting, superintendent for California, under date of

December 6, 1867, and special report of General J. B. McIntosh, superintendent
for California, under date of August 25, 1869.

For the Coahuila Indians -- I recommend the purchase of from five

thousand to ten thousand-acres of land in San Bernardino County, upon which the
now scattered members of the tribe shall be located. Available land can,

I think, be found near the base of the San Bernardino Mountains, which can be
secured at a not unreasonable rate.   Should this be regarded as impracticable,
I then recommend that the Government lands upon which these Indians are now
living be reserved for their use, viz, the Coahuila Valley, in San Diego

County; the potrero, near San Gorgonio Pass, San Bernardino County, and such
other smaller portions of land as they now occupy and cultivate, and that

such of the tribe as are now settled upon lands owned by private parties be

removed to said reserved lands. If this course be adopted all white settlers
upon these lands should at once be required to vacate them.

The chief objections to this policy are, first, that it will leave
the tribe very much scattered, and greatly hinder the cultivation of such

knowledge and habits as will tend to render them intelligent and useful citizet
of the republic; and, secondly, the fact that the Coahuila Valley is not

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lable for agricultural purposes, being subject to frost every month of the

, and that the lands bordering the desert beyond the San Gorgonio Pass afford
an insufficient and precarious subsistence.

In regard to the settlement of Indians upon reserved lands, I

k it very important that, while the grazing lands may be held in common, the
cultural lands should be distributed in clearly-defined portions among the

vidual families of the tribe, and that each family should be held responsible
the cultivation of its assigned portions. I suggest furthermore that each

ly be assured of the possession of all the proceeds of the lands thus culti-

d, and the ultimate possession in fee-simple of the land itself, provided they
Lnue to reside upon and to improve it for the space of twelve years.

It is for many reasons very desirable to break up the communistic
pm which have prevailed among them, and to cultivate, as far as possible,

ue and pride of ownership and an ambition for the accumulation of property.

The Government should give the Indians clearly to understand that
must support themselves after such provision shall have been made for them

heir present necessities require. I see no reason for thinking that they will
do this if they shall be made secure in the possession of land, and shall be
under judicious supervision. I should decidedly oppose the issuing of

ons, or any other action which would lead them to suppose that they would be
a care of without effort on their part, but should encourage the idea that

,:would fare best who were most industrious. The Indians assert their willingness
ibor, and say they neither intend nor wish to be a burden to the Government.

I feel confident that, if the opportunities above suggested are

rded them, they will themselves soon defray all the expenses of the agency
Sed with their care. More than this, I cherish the hope that they will at
$stant day become prosperous and indepetndent agricultural communities.

Some may think it would be better to locate all the Mission Indians

,,single reservation, and for many reasons this would be preferable. The great
gculty. however, in finding a sufficiently large tract of land suited for the
0ses of a reservation is a very serious obstacle to such a course. This

,iculty arises not from any lack of unoccupied land, of which there are large
* in Southern California-, but from lack of well-watered land. Water is an

utely indispensable requisite for an Indian settlement, large or small. It
be worse than folly to attempt to locate them on land destitute of water,

ghat in sufficient quantity for the purposes of irrigation, if crops cannot be
F without irrigation. Moreover, I think their progress toward civilization
citizenship will be best promoted by the tribes being separately located,
F the expense incurred will not be largely increased thereby.

In the plan above suggested another difficulty is obviated, viz, that
*rsuading the Indians to remove to a distance from the places they now occupy.
prefer, as is natural, to be left where they are, and will doubtless object
me instances to moving to any reservation. I think, however, there will,
the most part, be a readiness to comply with the wishes of the Government,
t shall be seen that the Government is disposed to regard their wishes in
ing them as near as possible to the places to which from association they
ttached, and also in keeping the tribes distinct from each other.

-88-

Should it be found practicable thus to locate these Indians, I

would earnestly recommend that schools be established among them as soon as possibl1
regarding it as very much to be desired that the children should learn to speak
the English language, and be taught at least the rudiments of education. It was

one of their special requests that this should be done, showing some appreciation
of the advantages which education gives, and of the changed circumstances under
which their children are to live.

I further recommend that for the supply of their present wants
there be provided -

For the San Luis Rey Indians:

blankets

suits of clothes
hats

pairs of shoes
pairs of socks

1,000
1,000

500
250
250

10
10

yards of calico
yards of muslin
yrads of jean

yards of flannel
handerchiefs

50
10
20

plows

sets of plow-
harnesses
hoes

spades        j
shovels

For the Digenes:

blankets

suits of clothes
hats

pairs of shoes
pairs of socks

1,000
1,000

500

250
250

10
10

yards of calico
yards of muslin
yards of jean

yards of flannel
handkerchiefs

10

50
20

plows

sets of plow-
harnesses
spades
hoes

shovels

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150
100
100
100
100

150
100
100
100
100

1

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1

el

j

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1
11