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Auction 15: Fine Collection of Californiana Formed by Daniel G. Volkmann Jr.

Lots 140 & 141: Mexico

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140. MEXICO (Republic). LAWS. PIOUS FUND. Ley y reglamento aprobado de la junta directiva y económica del fondo piadoso de Californias. Mexico: Imprenta de Galvan a cargo de Mariano Arevalo, 1833. 20 pp. 8vo (19.5 cm; 17-5/8 inches), disbound. A few foxmarks, mainly confined to nonconjugate, contemporary blank leaf preceding title, otherwise fine. Charcoal and red embossed library label on title of Biblioteca del General Riva Palacio. Preserved in a three-quarter navy blue morocco and blue cloth case with ties.
    First edition. Barrett 1474: “One of the earlier official documents relating to the Pious Fund of the Californias.” Cowan I, p. 179. Cowan II, p. 491. Howell 50, California 192: “Implements the decree of May 25, 1832, which ordered that the properties in the Pious Fund be rented and the proceeds deposited in the mint at the capital for the sole benefit of California.” Palau 137279: “Se considera muy interesante. Datos sobre la explotacián de las fincas rústicas de California y de los intereses de los productores.” Sabin 40897. Streeter Sale 2466. Weber, California Missions, p. 63. By these regulations secularizing the great wealth of the California missions, Mexican authorities sought to replace the old monastico-missionary regime in California with civil colonies like those proposed by Híjar and Padrés. From 1848 to 1967 the Pious Fund was the subject of lengthy negotiations between the United States and Mexico because of the latter’s failure to make payments as agreed. In 1967 a settlement of over $700,000 was paid by Mexico to the U.S. government, to be turned over to the Archdiocese of San Francisco. An interesting association copy: Riva Palacio (1832-1896), considered the creator of the Mexican historical novel, at one time owned most of the archives of the Mexican Inquisition, from which he drew material for his historical writings, particularly the horrific El Libro Rojo. In a milder vein, he wrote the monumental México a través de los siglos.... (Barcelona, 1883-1890). General Riva Palacio also fought against the French.


Following the failed attempt of Eusebio Francisco Kino, S.J., to establish a permanent mission in peninsular California between 1683 and 1685, the Mexican Province of the Society of Jesus was out of funds sufficient for a renewed attempt, and royal aid was not forthcoming due to high costs of quelling the Pueblo Revolt in New Mexico as well as European conflicts. Although Kino went on to become the principal founder of missions in Pimería Alta, modern Arizona, and did not return to California, he inspired his coreligious Juan María de Salvatierra, Francisco María Piccolo, and Juan de Ugarte to continue the Jesuit enterprise there. As a means of financing their plan, the three priests began the solicitation of alms, and by 1697 the “Pious Fund” had raised sufficient funds to permit the founding of Nuestra Señora de Loreto, the first permanent settlement in the Californias. During the seventy-five years of Jesuit presence on the peninsula, the fund received not only generous monetary donations from such noted benefactors as Presbyter Juan Caballero y Ocio and the Marqués de Villapuente, but also gifts of land that provided sources of income from usufruct in perpetuity.
    After the expulsion of the Jesuits in 1767, the income from the Pious Fund was transferred to the Franciscan missionaries from the Colegio de San Fernando for the development of California missions, and in 1773 a percentage of the fund was granted to the Dominican missionaries who continued the peninsular missions. Upon the consummation of Mexican independence, the fund continued as before. However, with the establishment of a liberal Mexican Republic in 1824, questions were raised as to both the continued presence of Spaniards in national territory as well as the role of the Church in politics and the economy, and in 1825 the Junta de Fomento de Californias proposed government administration of mission temporalities (farming and grazing lands). The following year, Governor José de Echeandía decreed the emancipation of those neophytes who wished to leave the missions. In 1828, Spaniards were expelled from the Mexican Republic, and in Alta California the Spanish Fernandino friars were replaced by Mexican Franciscans from the Colegio de Guadalupe in Zacatecas. By 1830, many Mexican liberals considered the confiscation of Church property as a means of resolving the rising national debt, and included within this property was the Pious Fund of the Californias and the temporalities of the California missions, the choicest lands of the region. Secularization, the conversion of missions into parish churches under a vicar general or a bishop, and the distribution by grant or by sale of their temporalities was highly favored by Mexican liberals, and locally, in 1831, the provincial diputation approved a decree for secularization, promulgated by Echeandía, and two years later, Valentín Gómez Farías ordered secularization nationally.
    After a century and a half, the Pious Fund had augmented substantially and incorporated extensive land holdings in central Mexico. The transfer of the fund to the Mexican government upon secularization of the California missions not only initiated their rapid decline and abandonment of the Indian population, but subjected the fund to manipulation and corruption, leading in the late nineteenth century to an international lawsuit by the bishop of California, then a state of the United States, for payment of the percentage of principal and interest due the diocese as successor to the missions.
    As a result of lengthy discussions and need for full reorganization resulting from the upheaval brought by secularization, numerous regulations, this the first of several, plans, and arguments were published in pamphlet form during the period 1830 to 1840.

––W. Michael Mathes

141. MEXICO & UNITED STATES. TREATY (Treaty of Guadalupe Hidalgo). Tratado de paz, amistad, limites y arreglo definitivo entre la Republica Mexicana y los Estados-Unidos de America, concluido por los plenipotenciarios en Guadalupe Hidalgo el 2 de febrero, ratificado en Washington el 10 de marzo, y en Querétaro el 30 de mayo de 1848. [Treaty of Peace, Friendship, Boundaries, and Definitive Settlement between the United States of America and the Mexican Republic...]. Mexico: Imprenta de I. Cumplido, 1848. 55 pp. (text of treaty in English and Spanish on facing pages). 8vo, original beige printed wrappers, title within typographical border, original stitching. Some chipping and losses at spine extremities, upper wrapper wrinkled and slightly darkened, light scattered foxing. In tan leather over paper boards slipcase with chemise.

    Second edition, first complete edition, with the added protocols, which were necessary for the conclusion of the peace treaty. This edition is said to be more scarce than the first edition, printed at Querétaro a few months before this one. Whether true or not, more copies of the Querétaro edition have been on the market in the past two decades. Cowan II, p. 252. Eberstadt, Texas 162:847. Garrett, Mexican-American War, p. 91. Howes M565. Huntington-Clifford Exhibit (“Possible Titles for an Expanded Zamorano 80”). Libros Californianos, p. 29. Palau 339389. Streeter Sale 282 (see Mr. Streeter’s long, interesting note about the arrangement of the text in this edition). This treaty ended the Mexican-American War and ceded to the U.S. the Southwest. By this treaty Mexico lost about half of her territory, and the U.S. increased its size by a third.

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