Pious Fund of the Californias
Encyclopedia
The Pious Fund of the Californias, is a fund, originating in 1697, to sponsor the Roman Catholic Jesuit Spanish missions in Baja California
Spanish missions in Baja California
The Spanish Missions in Baja California comprise a series of religious outposts established by Spanish Catholic religious orders, the Jesuits, the Franciscans and the Dominicans, between 1683 and 1834 to spread the Christian doctrine among the local natives...

, and Franciscan
Franciscan
Most Franciscans are members of Roman Catholic religious orders founded by Saint Francis of Assisi. Besides Roman Catholic communities, there are also Old Catholic, Anglican, Lutheran, ecumenical and Non-denominational Franciscan communities....

 Spanish missions in Alta California
Spanish missions in California
The Spanish missions in California comprise a series of religious and military outposts established by Spanish Catholics of the Franciscan Order between 1769 and 1823 to spread the Christian faith among the local Native Americans. The missions represented the first major effort by Europeans to...

 in the Viceroyalty of New Spain from 1769 to 1823, and originally administered by the Jesuits. It became the object of litigation between the US and Mexican governments, in the 19th century, with the resolution making legal history in The Hague
The Hague
The Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam...

 in 1902.

Origin

It originated with voluntary donations made by individuals and religious bodies in Mexico to members of the Society of Jesus
Society of Jesus
The Society of Jesus is a Catholic male religious order that follows the teachings of the Catholic Church. The members are called Jesuits, and are also known colloquially as "God's Army" and as "The Company," these being references to founder Ignatius of Loyola's military background and a...

, to enable them to propagate the Catholic Faith in the upper Las Californias
Las Californias
The Californias, or in — - was the name given by the Spanish to their northwestern territory of New Spain, comprising the present day states of Baja California and Baja California Sur on the Baja California Peninsula in Mexico; and the present day U.S. state of California in the United States of...

 Province of the Viceroyalty of New Spain, present day U.S. state of California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

. The early contributions to the fund were placed in the hands of the missionaries
Missionary
A missionary is a member of a religious group sent into an area to do evangelism or ministries of service, such as education, literacy, social justice, health care and economic development. The word "mission" originates from 1598 when the Jesuits sent members abroad, derived from the Latin...

, the most active of whom were Juan María de Salvatierra
Juan María de Salvatierra
Juan María de Salvatierra was a Catholic missionary to the Americas.His family was of Spanish origin, the name being written originally Salva-Tierra. Born in Milan, Italy, he studied in the Jesuit college of Parma. It was there that he accidentally came across a book upon the "Indian missions,"...

 (founder of many missions in Baja California
Spanish missions in Baja California
The Spanish Missions in Baja California comprise a series of religious outposts established by Spanish Catholic religious orders, the Jesuits, the Franciscans and the Dominicans, between 1683 and 1834 to spread the Christian doctrine among the local natives...

) and Eusebio Francisco Kino
Eusebio Kino
Eusebio Francisco Kino S.J. was an Italian Roman Catholic priest who became famous in what is now northwestern Mexico and the southwestern United States in the region then known as the Pimaria Alta...

 (founder of many missions in the Sonoran Desert
Spanish missions in the Sonoran Desert
The Spanish missions in the Sonoran Desert are a series of Jesuit Catholic religious outposts established by the Spanish Catholic Jesuits and other orders for religious conversions of the Pima and Tohono O'odham indigenous peoples residing in the Sonoran Desert...

 and Baja California
Spanish missions in Baja California
The Spanish Missions in Baja California comprise a series of religious outposts established by Spanish Catholic religious orders, the Jesuits, the Franciscans and the Dominicans, between 1683 and 1834 to spread the Christian doctrine among the local natives...

). The later and larger donations took the form of agreements by the donors to hold the property donated for the use of the missions, and to devote their income to that purpose. In 1717 the capital sums of practically all the donations were turned over to the Jesuits, and from that year until the expulsion of the Society of Jesus from Mexico the Pious Fund was administered by them.

In 1768, with the expulsion of all the members of the Society from Spanish territory by the Pragmatic Sanction
Pragmatic sanction
A pragmatic sanction is a sovereign's solemn decree on a matter of primary importance and has the force of fundamental law. In the late history of the Holy Roman Empire it referred more specifically to an edict issued by the Emperor....

 of King Charles III of Spain
Charles III of Spain
Charles III was the King of Spain and the Spanish Indies from 1759 to 1788. He was the eldest son of Philip V of Spain and his second wife, the Princess Elisabeth Farnese...

, the crown of Spain assumed the administration of the fund and retained it until Mexican independence was achieved in 1821. During this period (1768–1821) missionary work in California was divided, the territory of Upper California being confided to the Franciscans, and that of lower California to the Dominicans
Dominican Order
The Order of Preachers , after the 15th century more commonly known as the Dominican Order or Dominicans, is a Catholic religious order founded by Saint Dominic and approved by Pope Honorius III on 22 December 1216 in France...

. Prior to the expulsion of the Jesuits, thirteen missions had been founded in Lower California, and by the year 1823 the Franciscans had established twenty-one missions in Upper California. In 1821 the newly established Government of Mexico assumed the administration of the fund and continued to administer it until 1840.

In 1836 Mexico passed an Act authorizing a petition to the Holy See
Holy See
The Holy See is the episcopal jurisdiction of the Catholic Church in Rome, in which its Bishop is commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and...

 for the creation of a bishopric
Diocese
A diocese is the district or see under the supervision of a bishop. It is divided into parishes.An archdiocese is more significant than a diocese. An archdiocese is presided over by an archbishop whose see may have or had importance due to size or historical significance...

 in Alta California
Alta California
Alta California was a province and territory in the Viceroyalty of New Spain and later a territory and department in independent Mexico. The territory was created in 1769 out of the northern part of the former province of Las Californias, and consisted of the modern American states of California,...

, and declaring that upon its creation, "the property belonging to the Pious Fund of the Californias shall be placed at the disposal of the new bishop and his successors, to be by them managed and employed for its objects, or others similar ones, always respecting the wishes of the founders". In response to this petition, Pope Gregory XVI
Pope Gregory XVI
Pope Gregory XVI , born Bartolomeo Alberto Cappellari, named Mauro as a member of the religious order of the Camaldolese, was Pope of the Catholic Church from 1831 to 1846...

, in 1840, created the Diocese of the Two Californias and appointed Francisco Garcia Diego y Moreno
Francisco García Diego y Moreno
Francisco García Diego y Moreno, OFM, was the first bishop of the Diocese of the Two Californias.-Early episcopal appointments:...

 (then president of the missions of the Californias) as the first bishop of the diocese. Shortly after his consecration
Consecration
Consecration is the solemn dedication to a special purpose or service, usually religious. The word "consecration" literally means "to associate with the sacred". Persons, places, or things can be consecrated, and the term is used in various ways by different groups...

, Mexico delivered the properties of the Pious Fund to Bishop Diego, and they were held and administered by him until 1842, when General Antonio López de Santa Anna
Antonio López de Santa Anna
Antonio de Padua María Severino López de Santa Anna y Pérez de Lebrón , often known as Santa Anna or López de Santa Anna, known as "the Napoleon of the West," was a Mexican political leader, general, and president who greatly influenced early Mexican and Spanish politics and government...

, President of Mexico
President of Mexico
The President of the United Mexican States is the head of state and government of Mexico. Under the Constitution, the president is also the Supreme Commander of the Mexican armed forces...

, promulgated a decree repealing the above-mentioned provision of the Act of 1836, and directing that the Government should again receive charge of the fund.

The properties of the fund were surrendered under compulsion to the Mexican Government in April, 1842, and on 24 October of that year a decree was promulgated by General Santa Anna
Antonio López de Santa Anna
Antonio de Padua María Severino López de Santa Anna y Pérez de Lebrón , often known as Santa Anna or López de Santa Anna, known as "the Napoleon of the West," was a Mexican political leader, general, and president who greatly influenced early Mexican and Spanish politics and government...

 directing that the properties of the fund be sold, and the proceeds incorporated into the national treasury, and further provided that the sale should be for a sum representing the annual income of the properties capitalized at six per cent per annum. The decree provided that "the public treasuries will acknowledge a debt of six percent per annum on the total proceeds of the sale", and specially pledged the revenue from tobacco for the payment of that amount "to carry on the objects to which said fund is destined".

Controversy between the U.S. and Mexico

There then ensued the Mexican-American War, which was brought to an end by the Treaty of Guadalupe Hidalgo
Treaty of Guadalupe Hidalgo
The Treaty of Guadalupe Hidalgo is the peace treaty, largely dictated by the United States to the interim government of a militarily occupied Mexico City, that ended the Mexican-American War on February 2, 1848...

, 2 February 1848. Under its terms, Upper Mexico (Alta California
Alta California
Alta California was a province and territory in the Viceroyalty of New Spain and later a territory and department in independent Mexico. The territory was created in 1769 out of the northern part of the former province of Las Californias, and consisted of the modern American states of California,...

 and eastward) was ceded to the United States by Mexico, and all claims of citizens of the United States against the Republic of Mexico which had theretofore accrued were discharged by the terms of the treaty. After the Treaty of Guadalupe Hidalgo (and indeed for some years before), Mexico made no payments for the benefit of the missions. The archbishop and bishops of the U.S. State of California claimed that, as citizens of the United States, they were entitled to demand and receive from Mexico for the benefit of the missions within their diocese a proper proportion of the sums which Mexico had assumed to pay in its legislative decree of 24 October 1842.

By a convention between the United States and Mexico, concluded 4 July 1868, and proclaimed 1 February 1869, a Mexican and American Mixed Claims Commission was created to consider and adjudge the validity of claims held by citizens of either country against the government of the other which had arisen between the date of the Treaty of Guadalupe Hidalgo and the date of the convention creating the commission. To this commission the prelate
Prelate
A prelate is a high-ranking member of the clergy who is an ordinary or who ranks in precedence with ordinaries. The word derives from the Latin prælatus, the past participle of præferre, which means "carry before", "be set above or over" or "prefer"; hence, a prelate is one set over others.-Related...

s of California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

 (former Alta California), in 1869, presented their claims against Mexico for such part of twenty-one years' interest on the Pious Fund (accrued between 1848 and 1869) payable under the terms of the Santa Ana decree of 1842, as was properly apportionable to the missions of 'upper' California state ('lower' Baja California
Baja California Peninsula
The Baja California peninsula , is a peninsula in northwestern Mexico. Its land mass separates the Pacific Ocean from the Gulf of California. The Peninsula extends from Mexicali, Baja California in the north to Cabo San Lucas, Baja California Sur in the south.The total area of the Baja California...

 having remained Mexican territory).

Upon the submission of this claim for decision the Mexican and American commissioners disagreed as to its proper disposition, and it was referred to the umpire of the commission, Sir Edward Thornton, then British Ambassador to the U.S. On 11 Nov., 1875, the umpire rendered an award in favor of the archbishop
Archbishop
An archbishop is a bishop of higher rank, but not of higher sacramental order above that of the three orders of deacon, priest , and bishop...

 and bishop
Bishop
A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...

s of California. By that award the value of the funds at the time of its sale in 1842 was finally fixed at $1,435,033. The annual interest on this sum at six per cent (the rate being fixed by the decree of 1842) amounted to $86,101.98 and for the twenty-one years between 1848 and 1869 totaled $1,808,141.58. The umpire held that of this amount, one-half should equitably be held apportionable to the missions of Upper California, located in American territory, and therefore awarded to the United States for the account of the archbishop and bishops of California $904,070.79. This judgment was paid in gold by Mexico in accordance with the terms of the convention of 1868, in thirteen annual installments.

Mexico, however, then disputed its obligation to pay any interest accruing after the period covered by the award of the Mixed Claims Commission (that is, after 1869), and diplomatic negotiations were opened by the Government of the United States with the Government of Mexico, which resulted, after some years, in the signing of a protocol between the two Governments on 22 May 1902, by which the question of Mexico's liability was submitted to the Permanent Court of Arbitration
Permanent Court of Arbitration
The Permanent Court of Arbitration , is an international organization based in The Hague in the Netherlands.-History:The court was established in 1899 as one of the acts of the first Hague Peace Conference, which makes it the oldest institution for international dispute resolution.The creation of...

 in The Hague
The Hague
The Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam...

. This was the first International controversy submitted to the tribunal. By the terms of the protocol, the Arbitral court was to decide first whether the liability of Mexico to make annual payments to the United States for the account of the Roman Catholic bishops of California had been rendered Res judicata
Res judicata
Res judicata or res iudicata , also known as claim preclusion, is the Latin term for "a matter [already] judged", and may refer to two concepts: in both civil law and common law legal systems, a case in which there has been a final judgment and is no longer subject to appeal; and the legal doctrine...

by the award of the Mixed Claim Commission, and second, if not, whether the claim of the United States, that Mexico was bound to continue such payments, was just.

The tribunal was composed of:
  • Henning Matzen
    Henning Matzen
    Henning Matzen was a Danish politician, jurist and speaker of the Landsting, a chamber of the parliament...

    , (president)
  • Sir Edward Fry
    Edward Fry
    Sir Edward Fry GCB, GCMG, PC, FRS , was a judge in the British Court of Appeal and also an arbitrator on the International Permanent Court of Arbitration. He was a Quaker, son of Joseph Fry and Mary Ann Swaine....

     (named by US)
  • Friedrich Martens
    Friedrich Martens
    Friedrich Fromhold Martens, or Friedrich Fromhold von Martens, also known as Fyodor Fyodorovich Martens in Russian and Frédéric Frommhold Martens in French was a diplomat and jurist in service of the Russian Empire who made important contributions to the science of international law...

     (named by US)
  • Tobias Asser
    Tobias Michael Carel Asser
    Tobias Michael Carel Asser was a Dutch lawyer and legal scholar of Jewish background, cowinner of the Nobel Prize for Peace in 1911 for his role in the formation of the Permanent Court of Arbitration at the first Hague peace conference...

     (named by Mexico
    Mexico
    The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...

    )
  • Alexander de Savornin Lohman
    Alexander de Savornin Lohman
    Jkr. Alexander Frederik de Savornin Lohman was a Dutch politician and leader of the Christian Historical Union during the first quarter of the 20th century....

     (named by Mexico
    Mexico
    The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...

    )


On 14 October 1902, the tribunal at The Hague made an award judging that the liability of Mexico was established by the principle of res judicata
Res judicata
Res judicata or res iudicata , also known as claim preclusion, is the Latin term for "a matter [already] judged", and may refer to two concepts: in both civil law and common law legal systems, a case in which there has been a final judgment and is no longer subject to appeal; and the legal doctrine...

, and by virtue of the arbitral sentence of Sir Edward Thornton, as umpire of the Mixed Claim Commission; that in consequence the Mexican Government was bound to pay the United States, for the use of the Roman Catholic archbishop and bishops of California the sum of $1,420,682.67, in extinguishment
Extinguishment
Extinguishment is the destruction of a right or contract. If the subject of the contract is destroyed , then the contract may be made void. Extinguishment occurs in a variety of contracts, such as land contracts , debts, rents, and right of ways...

 of the annuities which had accrued from 1869 to 1902, and was under the further obligation to pay perpetually an annuity of $43,050.99, in money having legal currency in Mexico.

Mexico continued to make the required annual payment from 1903 to 1912, when transfers were suspended because of the Mexican Revolution
Mexican Revolution
The Mexican Revolution was a major armed struggle that started in 1910, with an uprising led by Francisco I. Madero against longtime autocrat Porfirio Díaz. The Revolution was characterized by several socialist, liberal, anarchist, populist, and agrarianist movements. Over time the Revolution...

. Mexico did not resume payment until 1966, and then negotiated a final lump-sum settlement of US$719,546 to the United States—essentially 53 years of back payments, with interest—in return for the termination of all future obligations with respect to the Pious Fund.

See also

  • Spanish missions in Baja California
    Spanish missions in Baja California
    The Spanish Missions in Baja California comprise a series of religious outposts established by Spanish Catholic religious orders, the Jesuits, the Franciscans and the Dominicans, between 1683 and 1834 to spread the Christian doctrine among the local natives...

  • Spanish missions in the Sonoran Desert
    Spanish missions in the Sonoran Desert
    The Spanish missions in the Sonoran Desert are a series of Jesuit Catholic religious outposts established by the Spanish Catholic Jesuits and other orders for religious conversions of the Pima and Tohono O'odham indigenous peoples residing in the Sonoran Desert...

  • Spanish missions in Arizona
    Spanish missions in Arizona
    Beginning in 1493, the Kingdom of Spain maintained a number of missions throughout Nueva España in order to facilitate colonization of these lands....

  • Spanish missions in California
    Spanish missions in California
    The Spanish missions in California comprise a series of religious and military outposts established by Spanish Catholics of the Franciscan Order between 1769 and 1823 to spread the Christian faith among the local Native Americans. The missions represented the first major effort by Europeans to...

  • The Roman Catholic Church and Colonialism
    The Roman Catholic Church and Colonialism
    The Catholic Church during the Age of Discovery inaugurated a major effort to spread Christianity in the New World and to convert the Native Americans and other indigenous people. The missionary effort was a major part of, and a partial justification for the colonial efforts of European powers such...

  • Spanish colonization of the Americas
    Spanish colonization of the Americas
    Colonial expansion under the Spanish Empire was initiated by the Spanish conquistadores and developed by the Monarchy of Spain through its administrators and missionaries. The motivations for colonial expansion were trade and the spread of the Christian faith through indigenous conversions...


See Also

  • "Pious Found Arbitration", The New York Times, September 16, 1902. Available here
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