On Nov. 16, 1835, eighty-one "desafiliados"—as the ex-neophytes of missions were called—of the San Luis Rey Mission settled themselves in the San Pasqual valley, which was an appanage of that mission. These Indian communities appear to have had no documents to show their right, either as communities or individuals, to the land on which they had settled. At any rate, they had nothing which amounted to a protection, or stood in the way of settlers who coveted their lands. It is years since the last trace of the pueblos Las Flores and San Dieguito disappeared; and the San Pasqual valley is entirely taken up by white settlers, chiefly on pre-emption claims. San Juan Capistrano is the only one of the four where are to be found any Indians' homes. If those who had banded themselves together and had been set off into pueblos had no recognizable or defensible title, how much more helpless and defenceless were individuals, or small communities without any such semblance of pueblo organization!
Most of the original Mexican grants included tracts of land on which Indians were living, sometimes large villages of them. In many of these grants, in accordance with the old Spanish law or custom, was incorporated a clause protecting the Indians. They were to be left undisturbed in their homes: the portion of the grant occupied by them did not belong to the grantee in any such sense as to entitle him to eject them. The land on which they were living, and the land they were cultivating at the time of the grant, belonged to them as long as they pleased to occupy it. In many of the grants the boundaries of the Indians' reserved portion of the property were carefully marked off; and the instances were rare in which Mexican grantees disturbed or in any way interfered with Indians living on their estates. There was no reason why they should. There was plenty of land and to spare, and it was simply a convenience and an advantage to have the skilled and docile Indian laborer on the ground.
But when the easy-going, generous, improvident Mexican needed or desired to sell his grant, and the sharp American was on hand to buy it, then was brought to light the helplessness of the Indians' position. What cared the sharp American for that sentimental clause, "without injury to the Indians"? Not a farthing. Why should he? His government, before him, had decided that all the lands belonging to the old missions, excepting the small portions technically held as church property, and therefore "out of commerce," were government lands. None of the Indians living on those lands at the time of the American possession were held to have any right—not even "color of right"—to them. That they and their ancestors had been cultivating them for three quarters of a century made no difference. Americans wishing to pre-empt claims on any of these so-called government lands did not regard the presence on them of Indian families or communities as any more of a barrier than the presence of so many coyotes or foxes. They would not hesitate to certify to the land office that such lands were "unoccupied." Still less, then, need the purchaser of tracts covered by old Mexican grants hold himself bound to regard the poor cumberers of the ground, who, having no legal right whatever, had been all their years living on the tolerance of a silly, good-hearted Mexican proprietor. The American wanted every rod of his land, every drop of water on it; his schemes were boundless; his greed insatiable; he had no use for Indians. His plan did not embrace them, and could not enlarge itself to take them in. They must go. This is, in brief, the summing up of the way in which has come about the present pitiable state of the California Mission Indians.
In 1852 a report in regard to these Indians was made to the Interior Department by the Hon. B. D. Wilson, of Los Angeles. It is an admirable paper, clear and exhaustive. Mr. Wilson was an old Californian, had known the Indians well, and had been eyewitness to much of the cruelty and injustice done them. He says:—
"In the fall of the missions, accomplished by private cupidity and political ambition, philanthropy laments the failure of one of the grandest experiments ever made for the elevation of this unfortunate race."
He estimates that there were at that time in the counties of Tulare, Santa Barbara, Los Angeles, and San Diego over fifteen thousand Indians who had been connected with the missions in those counties. They were classified as the Tulareños, Cahuillas, San Luiseños, and Diegueños, the latter two being practically one nation, speaking one language, and being more generally Christianized than the others. They furnished, Mr. Wilson says, "the majority of the laborers, mechanics, and servants of San Diego and Los Angeles counties." They all spoke the Spanish language, and a not inconsiderable number could read and write it. They had built all the houses in the country, had taught the whites how to make brick, mud mortar, how to use asphalt on roofs; they understood irrigation, were good herders, reapers, etc. They were paid only half the wages paid to whites; and being immoderate gamblers, often gambled away on Saturday night and Sunday all they had earned in the week. At that time in Los Angeles nearly every other house in town was a grog-shop for Indians. In the San Pasqual valley there were twenty white vagabonds, all rum-sellers, squatted at one time around the Indian pueblo. The Los Angeles ayuntamiento had passed an edict declaring that "all Indians without masters"—significant phrase!—must live outside the town limits; also, that all Indians who could not show papers from the alcalde of the pueblo in which they lived, should be treated as "horse thieves and enemies."
On Sunday nights the squares and streets of Los Angeles were often to be seen full of Indians lying about helpless in every stage of intoxication. They were picked up by scores, unconscious, carried to jail, locked up, and early Monday morning hired out to the highest bidders at the jail gates. Horrible outrages were committed on Indian women and children. In some instances the Indians armed to avenge these, and were themselves killed.
These are a few out of hundreds of similar items to be gathered from the newspaper records of the time. Conditions such as these could have but one outcome. Twenty years later, when another special report on the condition of the California Mission Indians was asked for by the Government, not over five thousand Indians remained to be reported on. Vice and cruelty had reaped large harvests each year. Many of the rich valleys, which at the time of Mr. Wilson's report had been under cultivation by Indians, were now filled by white settlers, the Indians all gone, no one could tell where. In some instances whole villages of them had been driven off at once by fraudulently procured and fraudulently enforced claims. One of the most heart-rending of these cases was that of the Temecula Indians.
The Temecula valley lies in the northeast corner of San Diego County. It is watered by two streams and has a good soil. The Southern California Railroad now crosses it. It was an appanage of the San Luis Rey Mission, and the two hundred Indians who were living there were the children and grandchildren of San Luis Rey neophytes. The greater part of the valley was under cultivation. They had cattle, horses, sheep. In 1865 a "special agent" of the United States Government held a grand Indian convention there. Eighteen villages were represented, and the numbers of inhabitants, stock, vineyards, orchards, were reported. The Indians were greatly elated at this evidence of the Government's good intentions toward them. They set up a tall liberty-pole, and bringing forth a United States flag, which they had kept carefully hidden away ever since the beginning of the civil war, they flung it out to the winds in token of their loyalty. "It is astonishing," says one of the San Diego newspapers of the day, "that these Indians have behaved so well, considering the pernicious teachings they have had from the secessionists in our midst."
There was already anxiety in the minds of the Temecula Indians as to their title to their lands. All that was in existence to show that they had any, was the protecting clause in an old Mexican grant. To be sure, the man was still alive who had assisted in marking off the boundaries of their part of this original Temecula grant; but his testimony could establish nothing beyond the letter of the clause as it stood. They earnestly implored the agent to lay the case before the Interior Department. Whether he did or not I do not know, but this is the sequel: On April 15, 1869, an action was brought in the District Court, in San Francisco, by five men, against "Andrew Johnson, Thaddeus Stevens, Horace Greeley, and one thousand Indians, and other parties whose names are unknown." It was "a bill to quit title," an "action to recover possession of certain real estate bounded thus and thus." It included the Temecula valley. It was based on grants made by Governor Micheltorena in 1844. The defendants cited were to appear in court within twenty days.