CONTENTS OF THIS VOLUME.

CHAPTEK I.

A TERRITORY OF THE MEXICAN REPUBLIC.

1825.

PAGE

Ratification of the Federal Constitution Junta de Californias in Mexico Companj a Asiatico-Mexicana Sessions of the Diputacion Eche- andia Appointed Governor Transfer of the Office at San Diego Biography of Don Luis Argu elL> Echeandia s Companions Pacheco, Zamorano, and Ramirez-^-IIerrera as Comisario de Hacienda The Missions The Padres Refuse Allegiance to the Republic The Dipu tacion on Secularization Padre Duran as President Mission Sup plies and Finance Vessels on the Coast Surrender of the Asia and Constante Morrell s Visit and Book Commerce Foreign Resi dents A Rainy Season 1

CHAPTER II.

ECHEANDIA S RULE POLITICAL AFFAIRS.

1826-1830.

National Measures, 1826 Junta de Fomento Echeandia at San Diego Guerra for Congress, 1827-8 Colonization Regulations of 1828 Ter ritorial Diputacion, 1827 Proposed Change of Name Echeandia in the North Diputacion, 1828-30 Election Maitorena Sent to Con gress, 1829-30 Acts of the Supreme Government Padres as Ayu- dante Inspector Gomez as Asesor California as a Penal Colony Arrival of 130 Convicts Carrillo Elected to Congress for 1831-2 Expulsion of Spaniards, 1827-30 List of Spanish Residents Eche andia s Appeals for Aid His Resignation Appointment of Antonio Garcia The Californias Separated Manuel Victoria Appointed Governor 31

CHAPTEK III.

ECHEANDfA AND HERRERA FINANCE THE SOLIS REVOLT.

1826-1830.

Hard-times Items Aid from Mexico The Revenues Comisario and Habilitados Secret Investigation Suspension and Resignation Estrada, Vallejo, and Jimeno Casarin as Administrators Revolt of

( vii J ​

iii CONTEXTS.

I ArtE

1828 Revolt of 18*29 Causes Monterey Taken Joaqu in Soils Plan of November 15th Argiiello Declines the Command Soils Marches South Echeandia s Preparations Revolt at Santa Barbara Bloodless Battles of Dos Pueblos and Cieneguita Retreat of Soils Retaking of the Capital A vila Captures Soils Trial The Span ish Flag Banishment of Herrera and Twenty Conspirators Finan cial Affairs in 1829-30 56

CHAPTEE IV.

ECHEANDfA AND THE PADRES MISSION AND INDIAN AFFAIRS.

1826-1830.

Mission Prefect and Presidents The Question of Supplies The Oath of Allegiance Sarria s Arrest Friars Still Masters of the Situation- Council at San Diego Southern Padres Willing Northern Padres Refuse Flight of Ripoll and Altimira The Friars as Spaniards Echeandia s Conciliatory Policy Petitions of the People Exile of Martinez Progress towards Secularization Mexican Policy Diffi culties Junta of April 1826 Decree of July Experimental Free dom Mission Schools and Lands Plan of 1829-30 Approval of the Diputacion Action in Mexico Indian Affairs -Sanchez s Expedi tion Vallejo s Campaign against Estanislao Northern Fort Sea sons 87

CHAPTER V.

ECHEANDTA S RULE MARITIME AND COMMERCIAL AFFAIRS.

1826-1830.

Vessels of 1826 Revenue Rules HartnelPs Business Hawaiian Flag- Cooper and the Rover Lawsuit with Argiiello Beechey s Visit in the Blossom Books Resulting Trading Fleet of 1827 Reglamentos on Liquors and Live-stock Embarrassment of McCulloch, Hartuell, & Co. Cunningham at Santa Catalina Visit of Duhaut-Cilly and Botta Maritime Affairs of 1828 Restrictions Smuggling Affair of the Franklin Cannon-balls Affair of the Karhnoko Vessels of 1829 Custom-house Arrival of the Broolcline Gale s Correspond ence Raising the Stars and Stripes Lang at San Diego The Santa Barbara Built in California Ships and Trade of 1830 List of Vessels, 1825-30 U.3

CHAPTER VI.

OVERLAND SMITH AND PATTIE FOREIGNERS.

1826-1830.

The Eastern Frontier The Trappers First Visitors by the Overland Route Jedediah Smith, 182G-8 Errors Corrected Original Docu ments The Sierra Nevada Crossed and Re-crossed First Entry of ​

CONTENTS. ix

PAGE

y the Hudson s Bay Company McLeod and Ogdcn Pa^tie s Visit and Imprisonment, 1828-30 Flint s Narrative Truth and Fiction A Tour of Vaccination Peg-leg Smith Trapping License of Exter and Wilson Vaca from New Mexico Ewing Young and his Hunt ers from New Mexico Foreign Residents Annual Lists of New comers Regulations on Passports and Naturalization 150

CHAPTER VII.

RULE AND OVERTHROW OF VICTORIA. 1831.

Appointment of Victoria Arrival Echeandia s Delay Command Sur rendered Beginning of a Quarrel Golpe de Estado Schemes of Padre s and Party Victoria s Address to the People Charges against the Governor Refusal to Convoke the Diputacion Memorials and ThreatsVictoria s Manifiesto Replies of Bandini and Pico Ad ministration of Justice The Death Penalty Case of Atanasio The Robbers Aguilar and Sagarra Execution of Rubio Exile of Abel Stearns Victoria and Alcalde Duarte of San Josd Trouble at Los Angeles Exile of Jose" A. Carrillo Jose" M. Padre s Banished Plots of Carrillo, Bandini, and Pico Pronunciamiento of San Diego Echeandia in Command Angeles Revolts Fight near Cahuenga Death of Pacheco and Avila Victoria Sent to San Bias Rodrigo del Pliego Action in the North Carrillo s Efforts in Congress 181

CHAPTER VIII.

AN INTERREGNUM ECHEANDIA AND ZAMORANO.

1832.

The Diputacion at Los Angeles Action against Victoria Attempts to Make Pico Governor Echeandia s Opposition A Foreign Company at Monterey Zamorano s Revolt A Junta at the Capital The News at San Diego Sessions of the Diputacion Los Angeles Deserts Echeandia Warlike Preparations Ibarra at Angeles Bar- roso at Paso de Bartolo Indians Armed Compact between Eche andia and Zamorano The Territory Divided Final Sessions of the Diputacion The Avila Sedition Who is Governor ? Affairs in Mexico Carrillo s Efforts and Letters Choice of a Governor Jos6 Figueroa Appointed Instructions Mishaps of a Journey^Mutiny at Cape San Lucas Waiting for a Ruler 216

CHAPTER IX.

FIGUEROA S RULE HLJAR AND PADRES COLONY.

1833-1834.

Arrival of Figueroa Primitive Printing Imaginary Difficulties Am nesty to Rebels Echeandia and Zamorauo Biography of Echeandia ​

CONTENTS.

PAGE

Bandini Elected to Congress No Sessions of the Diputacion in 1833 The Northern Frontier Figueroa Resigns A Warning- Mutiny at San Francisco The Diputacion in 1834 Address by the Governor Legislative Affairs The First Book Printed in California Reglamento Petaluma and Santa Rosa Santa Anna y Farias Conspiracy of Guerra and Duran New Election Events in Mexico Padre s and his Schemes Colonization Hijar as Gefe Politico Colony Organized Compania Cosmopolitana Political Schemes The March to Tepic Voyage of the Natalia and Mordos Re ception of the Colony at San Diego and Monterey Wreck of the Natalia Authorities 240

CHAPTEK X.

FIGUEROA, CASTRO, AND GUTIERREZ THE COLONY.

1834-1835.

Santa Anna Orders Figueroa not to Give up the Command to Hljar Quick Time from Mexico Hijar Demands the Mission Property His Instructions Action of the Diputacion Lost Prestige of Padres Bando Controversy Bribery Submission of the Directors Aid to the Colonists At Solano New Quarrel Rumored Plots Revolt of Apaldtegui and Torres Pronunciamiento of the Sonorans Sur render Legal Proceedings Figueroa s Orders Seizure of Arms at Sonoma Arrest of Verduzco and Lara Exile of Hijar and Padre s Figueroa s Manifiesto Sessions of the Diputacion Carrillo in Con gress Los Angeles Made Capital Foundation of Sonoma Death of Figueroa Life and Character Castro Gefe Politico Gutierrez Comandante General Estudillo s Claims . 270

CHAPTER XI..

MISSIONS AND SECULARIZATION.

1831-1833.

Echeandia s Plan of 1830 Decree of 1831 The Comisionados Views of the Padres Carrillo s Efforts in Mexico The Pious Fund Events of 1832 Diputacion and Friars Echeandia s Reglamento Notes of Padre Sanchez Ikichelot and Short Exiles from the

Hawaiian Islands New Missionaries in 1833 The Zacatecanos

Division of the Missions Troubles m the North Flogging Neo phytesSupplies for San Francisco Misconduct of Padre Mercado at San Rafael Massacre of Gentiles Figueroa s Instructions on Secularization Echeandia s Regulations Figueroa s Policy Ex periments in the South Provisional Rules Emancipation in Prac ticeProjects of President Duran Figueroa s Report against Secu larizationMexican Decrees of 1833 President and Prefect. . . 301 ​

CONTEXTS. xi

CHAPTER XII.

MISSION AND INDIAN AFFAIRS.

1834-1835.

PACE

Emancipation Indian Pueblos The Diputacion Figueroa s Policy Mexican Law of April 1834 Provisional Regulations of August 9th Hi jar s Instructions Their Meaning The Reglamento in Practice Local Results Ten Missions Secularized Views of the Padres Supplementary Regulations of Nov. 4th Destruction of Mission Property by the Friars Slaughter of Cattle Stipends in 1835 Mission Supplies Mission Ranchos Garcia Diego s Suggestions Local Items of 1835 Six Missions Secularized The Fernandinos Content Mexican Decree of Nov. 9th Mission Statistics, 1831-5 Seasons Pestilence Indian Affairs, 1831-5 339

CHAPTER XIIT.

MARITIME, COMMERCIAL, AND FINANCIAL AFFAIRS.

1831-1835.

Annual Lists of Vessels on the Coast Revenue Statistics Smuggling Items Seizure of theLoriot Commercial Regulations Victoria and Bandini Contraband Ports Bandini and Angel Ramirez A Dis appointed Inspector of Customs Fur Trade Salt Abel Stearns Operations at San Pedro Treasury Officials Comisarios Bandini, Gomez, Gonzalez, Estrada, and Herrera Minor Revenue Officers Local Items Financial Correspondence Statistics Municipal Funds Taxation Tithes Plan of Ways and Means Alphabetical List of Vessels.. . 363

CHAPTER XIV.

PIONEERS AND FOREIGN RELATIONS.

1831-1835.

Overland Immigration New Mexican Route WqlfskilFs Party Ypunt and Burton Jackson s Company Warner Ewing Young s Second Visit Carson, Williams, Sparks, and Dye Graham and Leese Across the Sierra Captain Joe Walker Nidever Bonne ville s Narrative Hudson s Bay Company Trappers Otter-hunting in Cal iforniaNew Mexican Horse-thieves Chino Pando Foreign Policy Fears Offer of Purchase by U. S. Spaniards Pioneer Names ThoseJVVho Came_before 1830 New-comers of Each Year Alpha A betical Lists Douglas the Botanist Thomas Coulter s Visit Mori- ( neau s Memoir Visit of Hall J. Kelley John Coulter s Lies Dana s/ Two Years Before the Matt 385 ​

xii CONTENTS.

CHAPTER XV.

RULE OF GUTIERREZ AND CHICO. 1836.

Castro Transfers the Gefatura to Gutierrez A Quiet Rule Centralist Precautions The Capital Vigilance Committee at Los Angeles Shooting of a Man and Woman Bandini s Plan at San Diego Ap pointment and Arrival of Governor Chico Inaugural Address Swearing of the Bases Chico s Orders Address Sessions of the Junta Departamental Agent for Mexico Chico in the South Be ginning of Troubles Calif ornian Views of Chico s Character Dona Cruz, the Governor s Mistress Feeling of Foreigners Chico and Stearns Revolution Planned Results of the Vigilantes Chico and Duran Amours of Castanares and Dona Ildefonsa Chico and Es trada Excitement at the Capital Chico Leaves the Country 414

CHAPTER XVI.

GUTIERREZ, CASTRO, AND ALVARADO REVOLUTION.

1836.

Second Rule of Gutierrez His Policy and Character Vaue Charges- Quarrel with the Diputacion Popular Feeling Causes of Revolt Juan B. Alvarado Revenue Quarrel Another Version Prepara tions at San Juan Californians in Arms Graham s Riflemen Siege of Monterey Documentary Record Surrender The Mexicans Exiled Biography Gutierrez Castillo Negrete Herrera Munoz Navarrete The Estradas Rule of Josd Castro Plan of Conditional Independence Lone-star Flag The Diputacion as a Constituent Congress Vallejo as Comandante General Revenue Civic Militia Alvarado as Governor Division of the State Commerce The New Regime Affairs in the North 445

CHAPTER XVII.

ALVAHADO S RULE TROUBLES IN THE SOUTH.

1836-1837.

Causes of Southern Opposition Sectional, Local, and Personal Prejudice The News at Angeles San Diego Aroused Plan of November Counter-plan of Santa Bdrbara New Ayuntamientos and New Plan Letters of Prominent Men Castillo Negrete Osio Baudini Pio Pico Carlos Carrillo Alvarado in the South The Barbareuos Sub mit Angelinos Obstinate Dieguiuos Patriotic but not Warlike

Defensive Measures Campaign and Treaty of San Fernando Alva rado at Los Angeles Castro s Arrival Another Plan Speeches- Fears of Attack from Sonora Castro at San Diego Diputacion Sus tains Alvarado Plan de Gobierno Intrigues of Osio and Pico Los Angeles Submits Governor s Maiiiiicsto of May Return to Monte rey Events in the North, January to May 47$ ​

CONTEXTS. xiii

CHAPTER XVIII

SAN DIEGO PLAN ALVARADO AND CARRILLO,

1837.

PAGE

Bandini s Movements Plots on the Frontier Zamorano, Portilla, and Estrada Plan of May Seizure of Los Angeles Don Juan at San Diego The Army at Angeles and San Fernando Castillero s Com mission Oath of Centralism in the South Alvarado at Monterey and Santa Clara Rumors from Mexico Ramirez Revolt Monterey Taken and Retaken Alvarado Returns to the South Treaty with Castillero Alvarado Swears to the Constitutional Laws His Mo tives Diputacion at Santa Barbara Castillero Sent to Mexico The California Vallejo Refuses to Accept Centralism Carlos Car- rillo s Appointment Alvarado s Position Carrillo Assumes Office at Angeles San Diego Obedient Not so Sta Barbara Letters of Vallejo and Alvarado , 515

CHAPTER XIX.

DON JUAN BAUTISTA AND DON CARLOS. 1838.

Don Carlos Closes Northern Ports Sends for Mexican Troops Castro s Plan A Spurious Appointment Carrillo s Letters Military Prepa rations Castaiieda at San Buenaventura Santa Barbara Threatened News from Mexico Battle of San Buenaventura Los Angeles Taken Alvarado at San Fernando Don Carlos at San Diego A New Plan Tobar in Command Campaign of Las Flores Treaty Negotiations at San Fernando Escape of the Pretender Vallejo Favors Don Carlos News by the Catalina Arrival of Castillero Recognition of Alvarado and Vallejo An Island for Carrillo Aba- jeiios Despondent Arribenos Triumphant Re-arrest of Canillos and Picos 545

CHAPTER XX.

ALVARADO S RULE POLITICAL EVENTS.

1839-1840.

Governor and General at Santa Barbara Carlist Prisoners Don Carlos Yields End of the Conflict Military Discipline Presidial Com panies Diputacion as a Junta at Monterey Division of California into Districts and Partidos Prefects Plots of Ramirez and Padre Mercado Life of Angel Ramirez Sedition at Branciforte Flag Tu mult at Los Angeles Castillero Elected to Congress Vocales Elected War with France Jinieno Acting Governor Alvarado Married by Proxy Arrival of the California Alvarado Appointed Governor Cosme Pena Castafieda Sent to Mexico Annals of 1 840 Sessions of the Junta Departamental Tribunal de Justicia Monterey the Capital Conspiracy of Carrillo and Gonzalez 579 ​

xiv CONTENTS.

CHAPTER XXI.

LOCAL ANNALS OF SAN DIEGO DISTRICT.

1831-1840.

PAGE

Military Commandants Decrease and Disappearance of the Presidial Organization Fort and Other Buildings Population Private Ran- chos Summary of Events Politics and Indian Depredations- Treasure on the Colorado Civil Government Ayuntamien to- Criminal Record San Diego Mission Padre Martin Statistics Secularization Ortega as Administrator San Luis Rey Padre Peyri A Prosperous Mission Slaughter of Cattle Chronologic Happenings Pio Pico in Charge HartnelFs Investigation Mission Ranches San Juan Capistrano Statistical View Annals of Eman cipationAdministration of the Argiiellos The Ex-neophyte Pue blos of San Juan, San Dieguito, Las Mores, and San PascuaL 608

CHAPTER XXII.

LOCAL ANNALS OF LOS ANGELES DISTRICT.

1831-1840.

A Centre of Political Agitation Chronologic Summary and Index Local Occurrences Indian Hostilities Day and Stearns Vigilance Com mittee Sectional Warfare Carrillo s Capital Tumult of the Flag Arrest of Foreigners Increase of Population Private Ranches Ayuntamiento and Municipal Affairs Criminal Record A Race The Prefecture Pefia, Tapia, and Argiiello Port of San Pedro San Gabriel Padres Boscana and Sanchez Statistics Secularization Events Bandini s Reforms San Fernando Rey Father Cabot A Prosperous Mission Antonio del Valle as Comisionado Chronolo gic Record 629

CHAPTER XXIII.

LOCAL ANNALS OF SANTA BARBARA DISTRICT. 1831-1840.

Gain in Population Presidial Organization Military Items Summary of Events Santa Bdrbara in the Political Controversies Chico and Duran Municipal Affairs Official List Sub-prefecture Grants of Private Ranchos Santa Bdrbara Mission Statistical View Annals of Secularization San Buenaventura Fathers Sufier, Una, and For- tuni Population, Agriculture, and Live-stock Majordomos and Administrators Santa Ines Father Arroyo de la Cuesta Statistics of Decadence A Gain in Cattle Moderate Prosperity Local Hap peningsLa Purisiina Couuepcion Secularization Inventories 649 ​

CONTENTS. xv

CHAPTER XXTV.

LOCAL ANNALS OF MONTEREY DISTRICT,

1831-1840.

PAGE

Population Visits and Descriptions Summary and Index of Events Military Record Municipal Affairs and Administration of Justice Prefecture Criminal Eecord Private Ranchos Mission San Car los San Luis Obispo Padre Gil y Taboada Statistics of Decline San Miguel Padre Juan Cabot Population and Property San Antonio Secularization Mercado s Complaints Hartnell s Inspec tion La Soledad Padre Sarria Inventories of Live-stock and Crops San Juan Bautista or San Juan de Castro Padres and Neo phytes Mission Estate Emancipation of the Indians Pueblo and Capital of the District Santa Cruz, or Pueblo de Figueroa Villa deBranciforte.. . 667

CHAPTER XXV.

1831-1840.

Gainjn^ Population Number of Inhabitants in California, North and South Summary of San Francisco Events Military Affairs Com pany Transferred to Sonoma Pueblo and Ayuntamiento Granting of Lots Later Litigation Growth of Yerba Buena Richardson, Leese, and Spear Private Ranchos of the District San Francisco Mission San Rafael Padre Amor6s Map of Mission Lands San Francisco Solano Pueblo of Sonoma General Vallejo s Achicve- ments in the Frontera del Norte San Jose" Mission A Prosperous Establishment Santa Clara Padres Viader and Moreno Pueblo de San Jose" de Guadalupe de Alvarado Population Municipal Affairs and List of Officials Summary of Events 698

PIONEER REGISTER AND INDEX. Fabbol to Hyde 733

HISTORY OF CALIFORNIA.

CHAPTER I. W- ...

A TERRITORY OF THE MEXICAN REPUBLIC. 1825.

RATIFICATION OF THE FEDERAL CONSTITUTION JUNTA DE CALIFORNIAS IN MEXICO COMPANIA ASIATICO-MEXICANA SESSIONS OF THE DIPUTA- CION ECHEANDIA APPOINTED GOVERNOR TRANSFER OF THE OFFICE AT SAN DIEGO BIOGRAPHY OF DON Luis ARGUELLO-T- ECHEANDIA s COMPANIONS PACHECO, ZAMORANO, AND RAMIREZ HERRERA AS COM- ISARIO DE HACIENDA THE MISSIONS THE PADRE.S REFUSE ALLEGIANCE TO THE REPUBLIC THE DIPUTACION ON SECULARIZATION PADRE Du- RAN AS PRESIDENT MISSION SUPPLIES AND FINANCE VESSELS ON THE COAST SURRENDER OF THE AsiA AND CONSTANTS MORRELL S VISIT AND BOOK COMMERCE FOREIGN RESIDENTS A RAINY SEASON.

In the preceding volume I have completed the annals of California as a province of Spain and of the Mexican empire to the year 1824. In the present volume I continue its history as a territory and department of the Mexican republic to 1840. But while 1825-40 are the chronological limits assigned, it has been found inconvenient, as already explained, to make the subdivisions of time and topics agree exactly. Local annals have been continued in an earlier volume to 1830; herein they are completed for another decade, and the regular thread of political history is followed to 1840; but the institutional history for 1836-40, including some important phases of foreign relations, is necessarily left for the first six chapters of volume iv. The leading features here presented are the develop​

mcnt of republicanism, the downfall of the missions, revolutionary movements, the first overland explo rations, growth of foreign -influence, the up-building of commercial industry, and the complicated series of political and sectional controversies. At the end of the volume I continue alphabetically the biographical register of pioneers begun in volume ii.

Early in 1825 Governor Argiiello received the federal constitution of the Mexican republic adopted by congress October 4, 1824, and addressed to the states and territories on the 6th. It is not necessary to analyze this document here. By it Alta California became a territory, lacking the population for a state; entitled to a diputado in congress, but without the forty thousand inhabitants requisite to give him a vote ; yet capable of being erected into a state by act of congress. This organic law made no provision for the government of the territories; and I know not ex actly what authority the president had for appointing a governor and allowing the diputacion to subsist; or what authority congress had to make laws on the sub ject; or further, on what authority the two Califor- nias were immediately united in one territory, or at least put under one governor. The constitution was similar to that of the United States of America, 1

Before noting the reception of the constitution in the north, it is well to glance at subsequent acts of the national government in behalf of California clown to the end of 1825 and briefly, for in Mexico but slight

1 Mexico, Constitution Federal de lo* E*tados Uiwlos Mcxtcanos, sanctonada por cl Cont/rcw General Cunstituyente d 4 de Oc u^re de 18.?j.. Mexico, 1824, IGano, 31. xviii. 6:2 p. 21. 3 p. ; with at the end the following: Mexico, Ada ConxtUutiva de la Federation Mexicana. HI de L nero, 1SJJ. Mexico, 1824. IGmo, 12 p. There arc other editions of both documents. In the Acta the division into states and territories had been different, the two Calif ornias being one territory. There is no evidence that the Acta reached California before the constitution. Among the signers of the constitution there appears no diputado for Alta California, though Baja California was re presented by Man uel Ortiz dc la Torre. Gov. Argiiello understood Cal. as a territory to be attached to the state of Mexico. JJejrt lice., MS., i. 120; Dept St. Pap. An<j., JYLo.j i. ol- < x. ​

attention was paid to this distant frontier, either in this or any other year. The first president did well enough, however, at the beginning, for he not only appointed a ruler, with a superintendent of territorial finances, but he sent troops,, arms, supplies, and even a little money. I have noticed the lack of any con stitutional provision for territorial government; but to aid the president in this respect a special board, or council, the junta de fomento de Californias, was or ganized. 2

In a note I have given the titles of this junta s re ports. Ex-governor Sola was a member, though not a very prominent one. None of the plans ever at tained to the dignity of law, but each had an influence

2 This junta was dissolved at the end of 1827. It had ten members, in whom there were frequent changes, the following list including all that served in the order of their appointment: Mariano Bonilla, Pablo V. Sola, Jose Ign. Ormaechea, Mariano Domingucz, Tomas Salgado, Francisco do P. Tamariz, Manuel Ibarra, Francisco Cortina, Ignacio Cubas, Juan J. Espinosa de los Monteros, Jos6 Mariano Almanza, Francisco Fagoaga, Alejo Garcia Conde, Carlos M. Bustamante, Servantlo Mier, Isidro Icaza, Diego Garcia Conde, Pe dro Cardenas, Juan Francisco Azcarate, Tomas Suria, sec y> Crecenio Suarez, Bec y.

The various reports of this body were printed in Mexico, 1827, under the following title: Junta de Fomento de Californias Coleccion de los principales trabajos en qua se ha ocupado le Junta nombrada para meditar y propone r al Supremo Gobierno los medios was nccesarios para promover el pror/reso de la cultura y civi izai ion de to* terri oriosd* la Alta y de la Baja California. Ano de 1827. This collection includes the following documents: Dirttimen que did la Junta, etc., sobre las instrucciones quepara el Gcfe superior Politico. Dated Jan. 3, 1825. 16 pages, Svo; Plan para el Arreijlo de las Misiows de los terri tories de la Alta y de ta Baja California. April G, 1825, lip.; Plande Colon ization Estranrjera (subtitle Reylamento d que debe sujetarse la colonization, etc.), dated April 24, 1825, 8 p., with a diagram; Plan de Colonization de. Nacionales para los territorios, etc. (subtitle Reulamento para la coloniza tion por familiar de los Estados Fcderados de Mexico, en los territories de Californias}, dated May 30, 1825, 18 p., 3 sheets, with a diagram; Plan Polit ico Mercantil para <l mas pronto Fomento de las Californias, including 1st, Correspondence Feb. -July 1825; 2d, Proyecto para el E ^tabled ndento de una companiade comercio directo con el Asia y mar Patijico, cuyopunta ccntrico debe eer Monterey, capital de la Alta California, la cualnerdconocida bajael iwmbre de Compania Asidtico-Mexicana, Protectora del Fomento de la Peninsula de Cal ifornias. Presented to the president by its author, Francisco do Paula Tamariz, Dec. 14, 1825, 14 p.; 3d, Proyecto de PiCglamento en Grande para el J-^tableci- miento de la Compania Asidtico-Mcxica.. a. Dec. 14, 1825, 18p. (numbered 24); Iniciativa de Ley que propone la Junta para el mejor arrer/lo del f/obicrnode los territories de Californias. Dated May 12, 1827; including a Subdivision de los territorios de la Alta y de la Baja California en cuatro distrilo*, of June 26, 1826; and the final brief report of the junta announcing the close of its labors on Aug. 31, 1827. 44 p.

And finally Lista de los asuntos comprendidos en este libro. 1 leaf. ​

on legislation in behalf of California. Several of the reports, or parts of the same, relating to special topics of government, colonization, and mission policy, ^will require notice elsewhere, and may therefore be briefly disposed of here.

Unfortunately the instructions to Governor Eche- andia, on which the junta reported January 3, 1825, are not extant. In the suggestions made, especial im portance is attached to the obtaining of accurate in formation about the country, its people, and its pro ductions; and it is evident from the allusions to Viz caino, Venegas, the Sutil y Mexicana, Humboldt s works, etc., that the members had no idea of the fresh and complete sources of information accessible in the form of missionary and other official reports. There is also a noticeable confusion between the two Califor- nias. Great circumspection and careful instructions were recommended on the mission problem and Indian policy, subjects which must be treated with much deli cacy to avoid trouble until a radical reform could be effected by means of definite laws. The junta ex pressed some very wise views, and showed a clear appreciation of the difficulties to be overcome, leaving, however, the ways and means of overcoming them mostly to a subsequent report of April Gth, which will be noticed in another chapter. In the matter of distributing lands, it was thought that the governor should confine his immediate attention to investigation and reports on the actual condition of the territories. The subject of foreign relations was believed to require serious consideration, with particular reference to pos sible encroachments of Russians and Americans on the north. There was yet some doubt whether the boun dary of the forty-second parallel had been recognized by Mexico, but it was necessary at all hazards to prevent any passing of that line ; and in this connection a naval force for the upper coast was recommended as of ur gent necessity. Particularly was the attention of the government called to the prospective importance of ​

the northern province, both by reason of its varied products and of its frontier position. 3

The plan of April 21st for foreign colonization may be disposed of, since I have no space to give the doc ument in full, with the remark that it was utilized by the government in preparing the regulations of 1828, in which many of its twenty-eight articles were more or less fully embodied. 4 To a great extent the same remark may be applied to the plan of May 30th for national colonization or settlement by Mexicans. But this plan contained certain elements intended for the special benefit of the Californias, and therefore not in cluded in the general regulations which applied to all Mexican territory. It was proposed not only to grant lands to Mexican colonists, but to pay the expenses of their journey, a daily ration and monthly sum of three or four dollars to each family for three years, besides furnishing live-stock and tools; or in case the settler were not a farmer, he was to receive expenses of the journey, necessary tools, a house lot, and rations for one year. This aid it was thought might be furnished without burden to the treasury, by utilizing the ac cumulations of mission capital. It was deemed desir able to favor settlements on the coast islands; and to set apart one of them as a penal colony, not for Mexico, but for California. 5

Another scheme of the junta, though pertaining to commerce, may as well be mentioned here, since it never went into practical effect. It was a politico- mercantile plan for the organization of a Compania

3 Jan. 6, 1825, Josd Argiiello wrote to Captain Guerra from Guadalajara that a board had been established in Mexico to make regulations for Cal. Guerrn , Doc., MS., vi. 97. The dictdmen, so far as it relates to Indian policy, is incidentally quoted by Manuel Castariares in an address of March 30, 1844, to Congress. Castanares, Col. Doc., 12, 14, 50. Both Alvarado, Hlxt. C<tL, MS., i. 122-3, 233-C, and Vallejo, II tit. Cal., MS., i. 299-300, speak of Sola as the leading spirit of the junta, which devised many liberal and enthusiastic measures without the slightest idea as to where the money was to come from. Fifty years later, says Alvarado, in. the hands of energetic men backed by coin, some of these plans might have proved successful.

4 See chap. ii. this vol. for reglamento of 1828.

5 There are several other items, but as the recommendations were never adopted, it seems unnecessary to notice them. ​

C A TERRITORY OF THE MEXICAN REPUBLIC.

Asi;itico-Mexicana, protective of Californian industrial development. Monterey was to be a grand commer cial centre; and not only was California to be saved from all possibility of foreign aggression, but the whole trade of the Pacific was to be wrested from American and English hands. The author of the project, Ta- mariz, aimed at a revival of the old Philippine trade, with vastly augmented facilities and profits; and he pictured California in glowing colors as a veritable paradise abounding in all good things, and better fitted than any other spot on earth for its grand des tiny. "Fortunate the Californians in the midst of the promised land; happy the provinces that adjoin that land; lucky even the hemisphere that contains it," writes the enthusiastic Mexican in substance page after page. The scheme was a grand one on paper- too grand to go any further; for though approved by the famous junta, and favored apparently by president, cabinet, and congress, it was never heard of so far as I know after 1827. 6

In addition to the acts of the president and junta de fomento, there is nothing to be noted bearing on my present topic, beyond a few minor routine commu nications of the ministers in the different departments, in one of which the Californians were showered with flattery, even if they got no more substantial tokens of attention. 7

6 The reglamento is copied in full by Vallcjoin his Hist. Cat., MS., i. 300- 10, from an original formerly in the possession of David Spence. The com pany is also mentioned in Castanares, Col. Doc. , 50. It seems useless to give the details of such a plan; some of the leading points are as follows: Capital, $4,000,000 in 2,000 shares, 50 of which were to be taken by the Mexican gov ernment, and 50 reserved for Cal. until she was able to pay for them. Term of existence, 10 years. The president of Mexico to preside at meetings. The company to have privileges in the matter of paying duties ; to be preferred as sellers and buyers ; to have a monopoly of fisheries and pearl-diving against foreigners ; but had to bring settlers free to Cal. , aid in the suppression of smuggling, etc.

7 Californians are lovers of order and justice, compensating w T ith these vir tues for the iniluenoe which in other communities would be the effect of law and authority. They have always shown a strong attachment to the supreme powers, and given constant evidence with ardent fidelity that they are, and glory in being, excellent Mexicans; and their leiicmSrilo ycfe politico Argiiello answers in his last communications for good order and strict administration ​

On receipt of the constitution, Arguello at once sum moned the diputados to assemble. The rivers were so swollen by the rains that the southern members could not come; but on the 26th of March the four Castros, with the president and secretary, met to ratify the new organic law of the nation. The document was read by Secretary Torre, and the oath was taken by governor and diputados. Then the constitution was read again in the plaza, and Arguello administered the oath to the garrison drawn up under arms, and to the assembled citizens of all classes. A salute of ar tillery, and the usual shouts of acclamation, with ring ing of bells, repeated for three days, marked the act; but for the first time on such an occasion there was no mass, or sermon, or other religious ceremony, for Pre fect Sarria declined to sanction republicanism. On the 28th of March Arguello forwarded copies of the constitution to the different presidios and pueblos, at each of which it was ratified with appropriate cer emonies before the end of May. At San Francisco Padre Estenega conducted the customary religious services, though it is not certain that he took the oath. At San Diego, as at Monterey, the padres re fused to take any part in the ratification. At other places there is no record respecting the friars action. Thus California become formally a territory of the Mexican republic. 8

of justice, even in their actual condition. Mexico, Mem. Justitia, 1826, p. 6. General information on finances of California, and relief sent from Mexico in 1824-5, \i\Mexico, Mem. Hacienda, 1S2G, p. 27. Aug. Cth, Minister Alaman orders gefc politico to report on the suspension of the assembly, and to propose an administrative system. Sup. Govt St. Pap., MS., iii. 9.

8 1 shall have more to say on the action of the friars. Action of the dip- utacion March 2Gth, in Leg. Rec., MS., i. 41-3. March 2Sth, Arguello sends out the new constitution to be ratified, and orders all copies of the old Spanish con stitution to be collected. Dept llec., MS., i. 110; St. Pap., Sac., MS., xiv. 37. Apr. 22(1, constitution received at S. Francisco, and will be published on Sun day. St. Pi p., Sac., MS., xix. 36. May 1st, comandante describes the cere mony, which took place Apr. 24th. The troops after three days were permitted to amuse themselves, $2 being given to each private and $3 to each corporal. Id., xiv. 41-2. April 30th, swearing of allegiance at Los Angeles, where, on petition of the citizens, the ayuntamicnto, with the approval of the diputados, Palomares and Cam lo, set at liberty a prisoner, Juan Jose Higuera. Orig inal record in Doc. Hist. CaL, MS., iv. 739, 745. May 1st, Comandante Ruiz ​

A final meeting of the diputacion was held April 7th, when the majority were in favor of punishing recalcitrant friars by taking from them the manage ment of the mission temporalities, 9 and then on May 2d the sessions were suspended by the governor, until new instructions could be obtained from national au thorities. His reason for this action was that the term for which the body had been organized according to the Spanish constitution had now expired, and the new constitution made no provision for a territorial diputacion. 10

General Mifion, appointed the year before to be ruler of California, did not accept the position, so that in January 1825 a new appointment had to be made. 11

The choice fell upon Lieutenant-colonel Jose Maria Echeandia, an officer said to have been director of a college of engineers in Mexico. His appointment as gefe politico superior and comandante general mili- tar of both Californias was perhaps dated the 31st of January. 12 In June he sailed from San Bias to Lo-

describes the ratification at S. Diego, where not only the Franciscans but ap parently the Dominican padre Menendez, who chanced to be present, refused to assist. Estudillo, Doc., MS., i. 203. May 10th, certificate of ayuntamiento to the taking of the oath at San Jose, and to the three days of bull-fighting and other diversions that followed. S. Jo.<c, Arch., MS., vii. 22; DeptSt. Pap. MS., i. 110-17. I find no record of the event at Sta Barbara. Dec. 4, 1S2G, the governor sends copies of the constitution and acta constitutiva to be cir culated among the cscoltas and padres. Dcpt St. Pap., Ben. Mil., MS., Ivii. 23.

9 Leg . Itec., MS., i. 41-6. More of this topic when I come to speak of the missions. From Doc. Hist. Cal, MS., iv. 725, it would appear that at a session held early in this year the office of comisionado for the pueblos was restored.

10 May 2d, Ar.quello to comandantes and prefect. Dept Rec., MS., i. 119. May 22d, Argiiello to ayuntamiento of Los Angeles on same subject. Dept St. Pap., Angeles, MS., i. 82. June ,>d, comandante of S. Francisco has pub lished the order. St. Pap., Sac., MS., xiv. 30.

11 As early as April it was known in Cal. that Mifion would not come. With his successor Argiiello at that time expected GO artillerymen. Apr llth Ar- guello to P. Duran. Arch. Sta V., MS., xii. 321-2.

12 His instructions seem to have been issued on that date, St. Pap., Miss. and Colon., MS., ii. 42, and it was on Feb. 1st that his appointment was an nounced by Minister Pcdraza in a letter to Argiiello. Sup. Govt St. Pap., MS., iii. 3. Feb. 28th, Echeandia to Herrera, announcing his appointment with a salary of $3,000. DeptSt. Pap.,MS.,iL 1. The fact that he was director of the college of military engineers in Mexico rests on the statements of Valle, Lo Pasado, MS., 1, and Ord, Ocurrencias, MS., 42-3, but is probably accurate. ​

ARRIVAL OF ECHEANDtA. 9

reto on the schooner Nieves. Possibly he had come up from Acapulco on the Morelos, which was at San Bias at the time en route for Monterey; but I think not, though some of his officers came on that vessel and joined him there. 13 He remained at Loreto from June 22d until October, reorganizing peninsular af fairs, issuing a reglamento, and appointing a sub gefe politico. 14 He finally set out for Monterey by land on October 4th, but, worn out by the hardships of the route, soon despatched to Argiiello an order to meet him at San Diego, where he arrived late in October. 15 Meanwhile Argiiello first heard of Echeandfa s appointment on July 4th by a letter from the latter dated June 25th, and announcing his arrival at Loreto en route for the capital. Later in the month, probably by the Morelos, came the official notice from Mexico. 16 The order to meet his successor at San Diego came about the 26th, on which date Argiiello replied that the state of his health would not permit him to make the journey so rapidly as was ordered, but he would come slowly. 17 Two days later he sailed on a schooner for San Diego/ 8 where he turned over his office in November. Though Argiiello was doubtless displeased at this innovation on his own

13 In April-May he was at Tepic, and had some trouble about collecting pay and supplies for his troops. St. Pap. , Sac. , MS. , x. 27-9. He also asked to be relieved of the military command. Sup. Gort St. Pap., MS., iii. 4. June 7th he was at Tepic, expecting to sail on the Morelos, a new name for the old San Carlos. Guerra, Doc., MS., vi. 139. For trip on the Nieves, see Pacheco s testimony in Jlerrc-rn, Cauxa, MS., p. 67-8; St. Pap. Sac., MS., x. 31. Eche- andia s statement in 1827 was that he sailed from S. Bias June 12th, and reached Loreto in 10 days. Dej.t Rec., MS., v. 103. June 25th he wrote to Argulleo from Loreto. Dept St. Pap., MS., i. 120-1.

14 See Hist. North Mexican States, ii. , this series.

15 In July he sent up to S. Diego for mules. Arch. Arzob., MS., iv. ptii. 150. Oct. 4th, started. Dept St. Pap., Ben. Mil,, MS., Ivii. 3. Oct. 18th, sent order to Argucllo to come south. Guerra, Doc., MS., iv. 101-2. Oct. 31st, writes from S. Diego. Dept St. Pap., MS., i. 74; Dc.pt Rcc., MS., ii. G.

1st, Argiiello expected his successor soon, and had made preparations for his reception, being uncertain whether he would come by sea or land. Guerra, Doc., MS., iv. 159.

17 Oct. 26th, Argiiello to Guerra. Guerra, Doc., MS., iv. 161-2.

18 Dept St. Pap., MS., i. 80. ​

personal comfort and on the old customs, and though the people of Monterey liked not the new governor s disposition to fix his residence in the south, yet I iind no contemporary evidence of controversy or of con templated resistance. The records, however, are far from complete, and both Alvarado and Vallejo credit Argliello with a patriotic refusal to listen to the coun sels of Montereyans and the troops who urged him to take advantage of Echeandia s arbitrary order and proclaim revolt. 19 It is not unlikely that there was some clashing of opinion when the two officers met; but there is no record on the subject. Echeandia had remained at San Diego at first because exhausted by his journey; and he continued to reside there chiefly because lie deemed the climate favorable to his health, but also that as ruler of both Californias he might be nearer Loreto, and because he found nothing in his instructions which absolutely required him to live at Monterey. 20 No transfer oi the capital was made;

19 Vallejo, Hist. Cal, MS., ii. 48-51; Alvarado, Hist. Cal, MS., ii. 105-9. Vallejo states that the padres took advantage of the excitement in the north to create a prejudice against Echeandia. Both imply that there was a sharp correspondence before Argiiello went south, which is impossible; and that one cause of the excitement was the transfer of the custom-house to S. Diego, when no such change was made. I suppose that both writers greatly exag gerate the popular feeling, looking at it through the colored glasses of mem ory, respecting later dissensions between the north and south.

20 Doubtless the persuasions of the southerners had also an influence; and J. J. Vallejo, lieminis., MS., 87-9, implies that a certain lady of S. Diego had more influence than all the rest. General mention of Echeandia s arrival without additional details, or blunders worthy of notice, in Machado, Ticm- pos Pasados, MS., 21, 23; Amador, Memorias, MS., 85; Ord, Ocurrendas, MS., 19-20; Lugo, Vida, MS., 12-13; Avila, Cosas de Cat., MS., 25; Petit- Thouars, To//., ii. 90; Mofras, Explor., i. 293.

The version of one author, who has made claims to be an accurate histo rian, is worth a record here. I allude to that given in Willson s j\Ic>ico and its 1 dir/ion, 148-50. The new republic was at peace, and the surplus soldiery had to be got rid of. It was not safe to disband them at home, where they might take to the roads and become successful robbers; but 1,500 of the worst were selected for a distant expedition, the conquest of the far-off territory of California. And then a general was found who was in all respects worthy of his soldiery. He was pre-eminently the greatest coward in the Mexican army so great a coward that he subsequently, without striking a blow, sur rendered a fort, with a garrison of 500 men, unconditionally, to a party of 50 foreigners. Such was the great General Echandrea, the Mexican conqueror of California ; and such was the army that he led to the conquest of unarmed priests and an unarmed province. Had thci-e been 50 resolute persons to oppose them, this valiant army would have absconded, and California would have remained an appanage of the crown of Spain, etc. When the prefect ​

but very soon the people of the south chose to take that view of the governor s residence among them, and were not a little elated at the honor. 21

Although Ex-governor Argiiello remained in Cali fornia, resuming his former position as comandante of San Francisco; yet as he was never again prominent in public affairs, and as he died within the limits of this decade, on March 27, 1830, it seems best to ap pend here his biography. 22 Don Luis was the first

of the missions was shipped off to Manilla the war was at an end. Com ments on this rubbish are unnecessary.

21 As early as Nov. 9th, Sepiilveda from Los Angeles congratulates Eche- andia on his arrival, and is glad that he will make San Diego his capital. You may count on this dismembered ayuntamiento and on all under my command. Los Angeles, Arch., MS., i. 2, 3.

22 Luis Antonio Argiiello, son of D. Jos6 Diarlo Argiiello, then alferez of the Sta Barbara company, and Dona Ignacia Moraga, was born at San Fran cisco presidio June 21, 1784, and was christened the next day, his godparents being Lieut. Moraga and wife. S. Francisco, Lib. Mis. , MS. , 20. He entered the military service as cadet of the S. Francisco company on Sept. 6, 1799, and was promoted to be alferez of the same company on Dec. 22, 1800. St. Pap. Sac. , MS., xi. 5; Vallcjo, Doc., MS., xv. 94; Gacetas de Mex. , x. 240. This same year he petitioned for license to marry Dona Rafaela Sal; but as the petition had to go to the viceroy and king, it was not until 1S07 that the permission was received, and even then burdened with the condition that the wife should have no claim on the montepio fund at her husband s death, unless he were killed on the field of battle. The wife died at S. Francisco, Feb. 0, 1814. Prov. St. Pap., MS., xix. 40, 19G-7; Prov. Rec. t MS., ix. 101. She is said to have been remarkable for the kindness of her disposition and for her in fluence over her somewhat erratic husband. Amador, Mem., MS., 121; Lorenzana, Mem. de la Beata, MS., 3.

On March 10, 1806, Don Luis was promoted to the lieutenancy, and in Au gust his father turned over to him the command of the company. Prov. St. Pap. , Ben. Mil., MS., xxxvii. 3, 15. According to his hoja de servicios at the end of 1816, beside the routine of garrison duty, he had been engaged in two ex peditions, one in pursuit of fugitive neophytes, and the other to explore new regions among the gentiles. Vallcjo, Doc. , MS. , xv. 94. He was recommended for promotion by Gov. Sola, July 8, 1817; was commissioned Oct. 30th, and was recognized as captain of the company from April 1, 1818. Prov. St. Pap., MS., xx. 194; Prov. Rec., MS., ix. 196; Vallcjo, Doc., MS., xvi. 48; 8. Fran cisco, Cuentas, MS., i.-vi.

About 1818 Capt. Arguello made a boat voyage up the Sacramento Paver; in 1821 he made an expedition to the far north, up the Sacramento Valley, beyond what is now Red Bluff, and back over the coast mountains, to S. Rafael; and in 1822 he accompanied Canonigo Fernandez and Prefect Pay eras on a trip to Bodega and Ross. Meanwhile he had married, in 1819, Doiia Solcdad, daughter of Sergeant Jos6 Dolores Ortega, who brought him as a dowry of somewhat doubtful cash value her father s arrears of pay due from the royal treasury.

Arguello was elected acting governor on or about Nov. 1 1 , 1822, A rch. A rzob. , MS., iv. pt i. 96; St. Pop., Sac., MS., xi. 6, and took possession of the office on the clay of Sola s departure, 011 or about Nov. 22d. The events of his rule have been already given. His office of governor being only provisional, he still retained nominally the command of San Francisco. After he resigned rule at ​

Ju jo del pais called upon to rule California, and he filled most creditably a position which was by no means free from difficulties. Had the rival candidate, Jose de la Guerra, been chosen, it is hard to point cut- in what way he could have ruled more wisely. Ar- guello s education was in some respects deficient, being simply what his father could give him in his presidio home; but in every position which he occupied he showed much practical common sense if no extraor dinary ability. He was much less strict than his father, or than most of the old Spanish officers, in his regard for the letter of national law ; he was sometimes reproved when comandante for his concessions to for eigners, and especially to the Russians; and when he became governor, he still continued his innovations in

8. Diego in Nov. 1825, I think he remained for some time in the south with his brother, Don Santiago. On April 15, 1826, Echeandia ordered his pay as comandante to cease, the reason not being explained. Dept Rec., MS., iv. 31. On May 20th Echeandia ordered him to S. Francisco to take command of his company. /(/., v. 46. Aug. 8, 1827, the minister of war was informed that Argiiello claimed the commission of lieutentant-colonel that had been given him by Iturbide. Id., v. 128. Oct. 7, 1828, Echeandia relieved Argiiello of his command in consideration of ill health; and on Nov. 20th he was or dered to Monterey for the good of the service. Id., vi. 109, 138. His pur chase of the Rover, his enterprise in the China trade, and the resulting law suits with Capt. Cooper, the only notable events of his later life, are noticed in other chapters.

Arguello s military record down to the end of 1828 gives him 29 years, 3 months, and 27 days of service, with an addition of 11 years and 11 days for campaigns. Echeandia appends the following notes: Courage, proved; ability, more than average; military conduct, indifferent; health, broken; loyalty, supposed faithful. His services merit all consideration, but his con duct is now loose, doubtless from excessive drinking. He was suspended from command for reasons presented to the supreme government on Feb. 15, 1828. St. Pap., Sac., MS., xi. 5-7. He died at San Francisco on March 27, 1830, at 1 :30 A. M., at the age of 46 years, and was interred in the mission cemetery next day by P. Estenega. S. Francisco, Lib. Misiou, MS., 73-4; Valicjo, Doc., MS., xx. 165. Mariano Estrada was the executor of the estate, S. Jose, Arch., MS., i. 36, which five years after his death was in debt to the missions to the extent of over 1,000. Dcpt. St. Pap., Ben. Corn, and Treas., MS., iii. 76-7; -V. Francisco, Cuentas, MS., v. 1. To his widow, Dona Sole- dad, was left the rancho of Las Pulgas, and notwithstanding the depredations of lawyers and squatters, she was in easy circumstances until her death in 1874. None of the sons of Don Luis ever acquired any prominence in public life. The California!! writers, almost without exception, speak in the highest terms of Arguello s honesty, ability, and kindness of heart: See Alcarudo, Ilixt. CW.,MS.,ii. 102-4; Vallcjo, llixt. Cal, MS., i. 327-30; ii.42-3; GWo, Hint. Cal. MS., 5-21, 57; Amador, Mem., MS., 81-3; Castro, RcL, MS., 13-14; Avila, Cosas, MS. ,22; Romero, Mem., MS., 10; Machado, LoPasado,blS., 21; Spence s Notes, MS., 14; Hayes Em. Notes, MS., 505; Sta Barbara Press. Oct. 24, 1874: S. Diego Union, Oct. 29, 1874. ​

that respect; but his disregard for law was always in the interest of his province and people, and no selfish or unworthy action is recorded against him. After nis accession to the chief command, lie had some enemies notably Jose Maria Estudillo, Jose Joaquin de la Torre, and Jose Antonio Carrillo; but none of these were Cal- ifornians of the best class. With the people, and especially with his soldiers, he was always popular, by reason of his kindness, liberality, and affability. If he came into somewhat more bitter controversy with the friars than had his predecessors, it was due to the times and circumstances rather than to the man. In person he was tall, stout, and attractive, with ruddy complexion and jet-black hair. He was a jovial com panion, a bon virant, so far as a man could be so in this poverty-stricken province, free with his money, in fact a spendthrift, and always in debt. His pecu liarities of temperament led him into an increasing fondness for wine and aguardiente; and his drinking habits doubtless broke down his health, and hastened his death in middle life.

There were embarked on the Nieves, in June, from San Bias, besides Echeandia, Alferez Romualdo Pa- checo and Alferez Agustin V. Zamorano, both engi neer ofBcers, and probably from the college of which Echeandia had been director, the former coming as aide-de-camp and the latter as secretary to the gover nor; also Alferez Jose Maria Ramirez, a cavalry offi cer, whose position at this time under Echeandia is not apparent; Alferez Patricio Estrada, in command of a detachment of about forty infantry of the battalion known as Fijo de Hidalgo; 23 and also probably a fifth alferez, Juan Jose Rocha, though it is possible that he came on to Monterey by theMorelos. Of Estrada and

23 In 1833 this body of men was spoken of as the piquete del 2 batallon permanente, consisting of 1 sergeant, 3 trumpeters, 3 drummers, 1 corporal of fusilecrs, 1 corporal of artillery, 9 grenadiers and chasseurs, and 1C fusi- leers 34 in all. JJept St. Pap., Ben. Mil, MS., Ixxvi. 31. ​

his men, though they remained ten years in the coun try, hardly anything is known; but Zamorano, Pacheco, Rocha, and Ramirez were somewhat prominent in later annals. 24

All those mentioned are supposed to have stopped with Echeandia at Loreto, and to have accompanied him to San Diego by land, though it is possible that there were some exceptions; but another passenger on the Morclos, which had sailed from Acapulco on March 25th, and had probably brought some of the officers named as far as San Bias, 25 was Jose Maria Herrera, who, being sent as comisario subalterno cle ha cienda to administer the territorial finances, did not stop at Loreto, but came on to Monterey, where he ar rived July 27th, and took possession of his office Au gust 3d, relieving Mariano Estrada, who had held a sim ilar position under a different title by authority of the diputacion. Herrera was subordinate to the comisa rio general de occidente at Arizpe, and in financial matters he was largely independent of Echeandia. He brought with him a memoria of goods worth $22,- 379, and 822,000 in silver; 23 but there was no provision made for the back pay of the troops; and Herrera refused to comply with Echeandia s order to pay the soldiers for three months in advance, because such an act was not allowed in his instructions, the funds were insufficient, and it would not be wise to put so much money into the hands of the troops. 27 Beyond some

21 Pacheco s first important service was rendered this year, when lie escorted

,.,0. ~~1 1 > ^ jl f\ 1 i t "

Mexico, Mem. Rdaciones, 1826, p. 32; Mexico, Mem. Hacienda, 1826, p. 27, and annexes, 9, 25. Two hundred boxes of manufactured tobacco seem to have been also sent, worth $23,803; and there was an order on the comisario de occidente for $12,000, which docs not seem to have been paid at this time. A small part of the 822,000 was perhaps spent at Loreto. With reference to the tobacco, lluish, Narrative, 420, says that the government by way of paying up arrears of 11 years at S. Francisco, sent a brig with a cargo of paper cigars to be issued to the troops in place of dollars; but aa Martinez observed, cigars would not satisfy the families, and the compro mise was refused !

"Sept. 1st, Echeandia s order to Herrera. Dept. Rec. t MS., ii. 2. Oct. ​

minor correspondence on routine aspects of the de partment, and a slight clashing between the new comisario and the habilitados, there was nothing in connection with Herrera s administration during this year that requires notice. 28

Herrera, however, was not the only official who arrived on the Morelos in July 1825. The vessel brought also to California Lieutenant Miguel Gonza-

O CD

lez in command of a detachment of artillerymen, who was immediately made a captain, and became coman- dante de annas at Monterey by virtue of his rank. There also came, probably in this vessel, and certainly about this time, three more alfereces, or sub-lieuten ants, Antonio Nieto, Rodrigo del Pliego, and Jose Perez del Campo, the first being in command of a small body of infantry sent as a guard to eighteen con victs condemned to presidio life in California for vari ous offences. With few exceptions, the new-comers, whether officers, soldiers, or convicts, were Mexicans of a class by no means desirable as citizens. 23

15th, Hen-era to Argiiello, explaining his reasons for not obeying, and alluding to other communications. Dc.pt Si. Pap., MS., i. 105. It is likely thatEchean- dia gave the order in. the interest of his own popularity, knowing that it could not be obeyed.

28 Oct. 10th, Lieut Estrada speaks of complaints of Echeandia through the comandante of Monterey, and calls for a statement of charges for supplies. Oct. 31st, Herrera is willing to furnish the account, though there are some mis sion items of supplies to escoltas that cannot be included yet. Vallejo, Doc., M.S., i. 98. Nov. 17th, the habilitado of Sta Barbara objects to the comisa rio exacting accounts of the mission supplies, etc. He says the company will pay its own debts if the funds due it are supplied. Dept St. Pap., Ben. Com. and Treas., MS., i. 6. Dec. Cth, Herrera says that public creditors are many and resources small. The government expects him to make a just dis tribution of the small revenue he controls; and he will make to the public a respectful statement of his administration. Gnerra, Doc., MS., vi. 148-9.

General mention of Herrera s appointment and arrival. See Ah..d,-o, Mem. Hacienda, 18 2G, p. 27, by which it appears that he was appointed 011 Feb. 8th; Dept St. Pap., MS., iii. 209-10; />/. Jfec., MS., i. 282-. !; Dept St. Pap., Ben. Corn, and Treas., MS., i. 12; St. Pap., Sac., MS., xiv. 2. Ho is called comisario subalterno, comisario sub-principal, comisario provisional, administrador sub-principal, comisario de guerra, sub-comisario, treasurer, superintendent of customs, etc.

29 The number of the soldiers, both artillery and infantry, is not recorded. Vallejo, lli*l. Cut., MS., ii. 62-G, and Alvarado, Hist. Cat., MS., ii. 110-14, confound this arrival of convicts with the later ones of 1830. A list of the 18 convicts who started is given in SL Pop., Sac., MS., x. 20-2, and of the 17 who arrived, in Dept St. Pap., Ben. MIL, MS., Ivii. 3, besides mention of several of the number in Id., Ii. 2-3. Eight or nine came with definite sen​

Prefect Sarria, as we have seen, declined to swear allegiance to the federal constitution or to sanction republicanism either as friar, prelate, or vicar. He left each of the friars free to decide for himself, and refused to issue instructions on the subject. There can be no doubt, however, that the question had been thoroughly discussed by the padres, and a definite understanding reached, during the many months in which the formal declaration of the republic in Cal ifornia had been only a question of time. Yet that the agreement had not been entirely unanimous is

tences, while the rest were simply banished to California. The former were mostly the companions of Vicente Gomez, el capador, a fiend in human form, thief and assassin, who is said never to have spared nor failed to torture any man, woman, or child of Spanish blood that fell into his hands, but who, in consideration of his services to the cause of independence, was simply sent to California subject to the orders of the comandante general. It is not quite certain that he came to Monterey with the rest, since there are indications that he came to 8. Diego with Echeandia, or at least about the same time. He was soon sent overland to Sonora, perhaps in the hope that he would be killed by the Indians, where he arrived in March 1820, after narrowly escaping death at the hands of the Yumas. After having been employed by Gen. Figueroa on various commissions, he w r as sent back, and on the way he was killed by Alf. Jose Maria Ramirez at 8. Vicente, Lower California, in a per sonal quarrel, probably in September 1827. Dept St. Pap., Ben. Mil., MS., Ivii. 21; Dept Rec., MS., v. 96-7, 130.

One of the companions of Gomez bore the illustrious name of Fernando Coi tes, do muy mala fama en toda la rcpublica, but of whose California!! ex perience nothing is known. Another was Joaquin Solis, principal agente de Gomez, tie muy mala conducta, voz general ser ladron, who acquired fame as leader of a revolt in 1829, described in chap. iii. of this volume, as did also in lesser degree in the same affair another companion, Antonio Avila, condemned to death i or murders and robberies in Puebla, but pardoned on condition of exile to California. Another of the band was Francisco Badillo, sentenced to 10 years of presidio work in chains, or to be shot without hesitation or formality should he venture to move from the spot where he might be put to work. In 1835, the time having expired, Badillo was set at liberty, but remained in the country. Dept St. Pap., Ben. Mil, MS., Ixxvi. 20-2. In 1833 he had been charged with a new robbery. Id., Ixxiv. 44. He was married in 1830 to his mistress at Sta Barbara. Carrillo (Jose], Doc. Hist. Gal, MS., 26. He at one time kept amonte bank at Sta Barbara, and Manuel Castro once found him concealed under the table, and stealthily reaching out to steal his own money, merely, as he said, to keep in practice ! After a long career as cattle-thief, he was finally lynched about 1860, his body with that of his son being found one morning hanging to a tree with the feet very near the ground. A little grand daughter wept bitterly because the cruel Americans allowed her grandpapa to die when v. little earth under his feet would have saved him ! Another son known as Six-toed Pete escaped across the frontier. Alvarado. Hist. Cal, MS., ii. 2.31-3; Streeter s RecoL, MS., 159-63.

_ Other members of this band of convicts were for the most part ordinary thieves and vagabonds, of whose life in California nothing is known, a few also not being named here by reason of their good behavior and respectable ​connections.

indicated by Padre Estenega s participation in the religious services at San Francisco as well as by ocur- rences of a later date. Sarria defended his action in letters to the governor. 30 Anterior obligation to the king of Spain was the ground on which he based his refusal, with special reference to the fact that the new constitution required him to take up arms and resist invasion by a foreign power, including Spain. Thus he might have to resist the king himself at the head of his army, in a province which was justly a part of his dominion, which would be to disobey the divine law and teachings of the saints. He foresaw the objection that his previous oath to independence under Iturbide had required the same opposition to Spain; but he .answered it by claiming that before Spain was not under her primitive government, the king was deprived of liberty, and religion was threat- tened; that under the plan of Iguala, Fernando VII. was to be called to the throne, with some chance of Spanish approval; and moreover, that the previous oath had not only been ordered by his diocesan, but had been formally decided on by a majority of the friars, including the prefect.

On the 7th of April the diputacion took up the matter. Francisco Castro urged immediate steps to learn at once who of the padres would follow the ex ample of their prelate in refusing allegiance. He also proposed that such as took this course should be

80 Feb. 11, 1825. My Venerable Sir and Master: After reflecting on the oath we are ordered to take to the federal constitution of the United Mexican States, for which oath you have designated next Sunday, 13th inst., I have decided that I cannot do it without violating what I owe to anterior obliga tions of justice and fidelity; and this I announce to you, though not without much and very grave regret on my part, since I would like so far as possible to give an example of submission as I have done up to this time ; but I cannot, the decision of my conscience opposing. For the same reason I shall not use my influence that the other padres take the oath, nor that they sanction it with mass, te deum, etc., as ordered in your communication of the 3d. I understand that we are threatened with expatriation ; but I will pass through all, though with tears at leaving my beloved flock. That which I took up for God, I will always leave if it be necessary for the same God, to whom I have prayed, etc. In other things very much at your service, etc. Arch. Arzob., MS., iv. pt ii. 135-6. Also letters of March 30th and April 14th, in Id., 137-9. ​

deprived of all control over the temporalities of their respective missions, which should be intrusted to ad ministrators. Arguello opposed the measure, because it would result in the padres abandoning spiritual as well as temporal interests, and also because it would be impossible to find competent administrators. Don Francisco zealously defended his proposition, and even wished to hold Arguello personally responsible to the country for any harm that might result from leaving the recalcitrant friars in charge of public property. All three of the Castros, that is, all the rest of the members, were of the same opinion, though Don An tonio was somewhat doubtful about the religious aspects of the case. Thus the vote remained on the records; bat the only result that I find was the issu ing of an order to the comandantes that each padre must be required to state in writing whether he would take the oath or not. 31

In April Padre Narciso Duran assumed the presi dency of the missions, an office that since the death of Seiian had been held by Sarria in addition to that of prefect. 32 Duran also refused to take the oath, not, as lie said, from any "disaffection to the independ ence," nor for any " odious passion," for indeed he believed independence to interest Spain more than America that is, that Spain was better off without Mexico. But he was tired of taking so many oaths during the past few years, when oaths seemed to have become mere playthings. "I offer," he writes, "an oath of fidelity to do nothing against the established government, and if this be not accepted, I am resigned to the penalty of expatriation, which the constitution

31 Ley. Rec., MS., i. 44-6. June 3d, governor s order to comandantes, ac knowledged by Sarria June 22d. Arch. Arzob., MS., iv. pt ii. 140. The padres seem to have made no immediate reply. There is some reason to suppose that the above date should be June 3, 1826.

32 April 2d, Duran notifies the governor of his assumption of the office. Dcpt flee., MS., i. 117; Arch. Ar::ob., MS., iv. pt ii. 140. June 3d, com- andante of S. F. has proclaimed Duran as vicario foraneo. St. Pap. Sac., MS., xiv. 36. Oct. 15, 1824, bishop grants to president all the powers con- ferred by the former bishop. Arch. Sta B., MS., xii. 320. ​

imposes." 33 Meanwhile the news of Sarria s refusal had been sent to Mexico, and in June an order of President Victoria was despatched to California that the royalist prefect should be arrested and sent to Mexico by the first vessel. 34 This order was carried into effect in October, as appears indirectly from Echeandia s order to Padre Duran to come to San Diego and take the oath of allegiance in order that

o o

he might assume the duties of prelate during Sarria s arrest. 35 The arrest was, I suppose, nominal, merely a suspension from his authority as prelate, involving little or no interference with his personal liberty; and, as we shall see later, he was not sent away at all. It seems that Padre Martin of San Diego had based his refusal to participate in religious services on his prel ate s prohibition. The government called for a decla ration as to the nature of that prohibition; and also desired Padre Estenega to be informed of its great satisfaction at his patriotic conduct in pronouncing a stirring discourse at the taking of the oath. 36

33 Oct. 12th, Duran to Herrera, in Arch. Arzob., MS., iv. pt. ii. 148.

34 June 29th, Esteva to comandante general of Cal. Sup. Govt St. Pap., MS., iii. 4-5. P. Sarria was, however, to be treated with respect.

3f> 0ct. 31st, E. to D. Dept Rec., MS., ii. 6. In D. s letter of Oct. 12th, Arch. Arzob., MS., iv. pt ii. 148, he said that he could not act as prefect until certain that Sarria was out of the province. This shows that Sarria s arrest was probably effected by Argiiello before Echeandia s arrival, or per haps by order of the latter issued while en route.

30 Sept. 2d, Minister Llave to governor. Sup. Govt St. Pap., MS., iii. 1. The general fact of the padres opposition to the republic is mentioned by nearly all who have written on California annals, and it is not necessary to give specific references. Alvarado, Hist. Cal., Mo., ii. 20-5, and Vallejo, Ifist. Cal , MS., i. 341-2, dwell on the fact that the padres never lost their feeling of dissatisfaction and anger ; that as a body they took subsequently but slight interest in the progress of Cal.; and that through their influence the Indians were disaffected and the difficulties of local government greatly increased. Alvarado is much the more radical of the two. It was the policy, he says, of emperor and clergy to make of the people their burros de carga. This, as they well knew, could not be done with republicans. True, they might win over many influential republicans ; but there were so many factions that all could not be controlled. Sooner or later the ass was sure to kick. Therefore, when they could not prevent the establishment of a republic, they wished to leave the country ; were not allowed to go and take with them the wealth of the territory ; were angry; preached against the existing government ; and in short, made all the trouble they could.

Among other classes besides the padres, there was no special manifestation of feeling for or against the republic at this time. The masses now and later were indifferent; the older officers and soldiers looked with deep regret on the ​

The old question of mission supplies still remained open as a ground of controversy. The reasons which had impelled the padres to give with a spirit of cheer fulness, real or feigned, had largely ceased to exist. Now most gave grudgingly, because they could not help it; or in a spirit of apathetic indifference to what might become of the mission property; or in a few cases refused in the interest of their neophytes. Padre Duran on one occasion told Martinez of San Francisco that he could send no more supplies, and it would be best to discharge the soldiers if there was a lack of rations. Martinez in turn asked the governor for per mission to take the supplies by force. Padre Viader wrote that Santa Clara had to buy wheat for its neo phytes, while the pueblo had plenty of grain to sell the presidios. " The moment the keys are taken from us by force/ he wrote, " we will not take them back, nor attend to the temporal administration." The des titution was very great at San Diego, but the coman- dante in his letters implies that the padres gave all they could. The commandant of Santa Barbara had a sharp correspondence with Padre Ibarra of San Fernando, trying to prove that the furnishing of sup plies was by no means a special favor to the troops, but an ordinary duty of the missions until the expected memorias should come from Mexico, together with a new band of missionaries. The padre, however, was incredulous about the anticipated aid. " If you do not eat till then," he said, "you will need elastic bellies; and as to the coining missionaries, I will believe it when I see them, not before." He would, however,

change of government; and some of the younger Californians with the Mex ican clement were more or less enthusiastic republicans. The Indians had of course 110 choice, but their condition was in no respect improved by the change. Osio, Hist. Cat., MS., 105-7, has something to say on the advantages of the Spanish rule. lie notes that as late as 1842 an invalido hesitated to make a declaration before an alcalde, fearing that it was wrong for an old soldier of the king to do so. Alvarado, Hist. Cal., MS., ii. 40-4, mentions a kind of secret politico-historical society formed by the youth of Monterey, with Jose" Joaquin de la Torre as president, by which various schemes of independence from Mexico as well as Spain were discussed, and where even annexation to the U. S. was proposed, or a French or English protectorate. ​

not be surprised if Mexico were to send to California for supplies. From San Luis Padre Luis Martinez complained of everything in general, and in particular of some missionaries of a new sect, including one of the Picos, who were travelling with a barrel instead of a cross, and were making many converts to drunk enness, while the soldiers of the escolta did nothing but destroy. 37 In Mexico the guardian made a de tailed representation to Minister Alaman on the criti cal condition of affairs in California, owing to the fact that the Indians were naturally disgusted at having to support by their labor themselves, the padres, the government, and the troops. He declared the amount of unpaid drafts to be 259,151, and that of unpaid stipends 153,712, begging most earnestly for at least a partial payment to save the missions from ruin. 3S

The junta de fomento took up the question of mission policy, which was regarded as one of the most important matters submitted to that board. In its dictdmcn on Echeandia s instructions, 39 the junta, while regarding the necessity of reform as a matter of course, called attention chiefly to the importance of proceeding with great caution until a satisfactory method could be devised for introducing a radical change in the old system. Finally in April the mis sion plan w as presented. In prefatory remarks the history of the system was briefly traced, with a view to show the growth of the monastico-military govern ment in the Californias. "The junta is not ignorant that from the Spanish system of discoveries and spiritual conquests has resulted all the progress made

37 Corresp. of Duran, Viader, and Lieut. Martinez in St. Pap., >S ac., MS., xiv. 22-4, 35-40. Destitution at S. Diego. Dept St. Pap., MS., i. 110; Gucrra, Doc., MS., v. 201-2; Com. of Sta Barbara vs. P. Ibarra. Doc. Hist, t al., MS., iv. 731-2; Gucrra, Doc., MS., vii. GS-9. P. Martinez to Arguello, Arch. Arzob., MS., iv. pt ii. 135. June 1st, 8th, Arguello on his efforts to ob tain supplies from the missions. Dcpt Rec., MS., ii. 35; Guerra, Doc., MS., iv. 158.

33 July 5th, Guardian Lopez to Alaman. Arch. Arzob., MS., iv. pt ii. 143-8.

39 For an account of the various reports and plans of the junta, see note 2, this chapter. ​

in the Jesuit missions of old California, and in those founded later in new California by the Fernandinos. It knows the consideration and the praise which these establishments have merited, not only from Spaniards, but from enlightened foreigners; and it has given due weight to all the reasons ordinarily urged in defence of the system to show it to be not only just and con venient, but absolutely necessary. Still the junta has not been able to reconcile the principles of such a system with those of our independence and political constitution, nor with the true spirit of the gospel. Religion under that system could not advance beyond domination. It could be promoted only under the protection of escoltas and presidios. The gentiles must renounce all the rights of their natural inde pendence to be catechumens from the moment of baptism; they must be subjected to laws almost mo nastic, while their apostles deemed themselves freed from the laws which forbade their engaging in tem poral business; and the neophytes must continue thus without hope of ever possessing fully the civil rights of society. The junta has not been able to persuade itself that this system is the only one fitted to arouse among the gentiles a desire for civil and social life, or to teach its first rudiments, much less to carry it to perfection. It believes rather that it is positively contrary to the political aims in accordance with which it should have been arranged, and still more to the true spiritual aim which should be kept in view." "The present condition of the missions does not cor respond to the great progress which they made in the beginning. This decadence is very noticeable in Low er California, and would suffice to prove that the sys tem needs change and reform," especially in respect of the temporal management by the friars. The plan by which the junta proposed to effect the needed reforms I append substantially in a note. 40 It shows,

} La Junta en suma reduce su dictdmen para el arreglo de las misiones de Calif ornias d las proposiciones siguientes: 1. Conversions among gentiles ​

like the prefatory remarks which I have quoted, the feeling on the subject in Mexico under the republican regime; and while as a whole it never became a law, it doubtless had an effect on subsequent legislation respecting secularization. In the colonization plan proposed by the junta a little later, the expense of bringing settlers from Mexico and an allowance for their support during a term of years were to be taken from the mission capital, which was supposed to have accumulated during the friars administration; but the amount was to be equitably divided between the sums due the missions for supplies and the funds actually on hand ! Echeandfa took some time to in vestigate the condition of mission affairs, and there fore did little or nothing this year which could indi cate his policy.

Of the forty-seven vessels more or less clearly re corded as having been on the coast in 1825, seventeen were whalers; three were men-of-war; one was the national transport; respecting eleven or twelve we have only a mere mention, in some cases erroneous, of name and presence, with no information about their business; while of the remaining fourteen the objects, mainly corn- must be effected by visitas and entradas of friars and priests, who must obtain the permission of the government, and will receive their stipends as a limosnn, from the pious fund. 2. The supreme government should administer the pious fund, act upon the petitions of those who wish to convert gentiles, and assign to them their stipends and vidticos, but the territorial government may report on places for new conversions, and propose the priests, already in Cal., deemed qualified for the new ministry. 3. The right to evanye/izar should not be restricted to members of any particular order. 4. The friars now in charge of the missions should remain in charge as curates. 5. To avoid burdensome taxes, etc., these friars as curates may receive their stipends as before from the pious fund. G-7. There should be two friars in each mission, besides those temporarily residing or resting there while engaged in converting gentiles. 8. The missions to continue in this condi tion until formally made parishes and delivered to the bishop. 9. The gov ernment should reassume the administration of mission temporalities, form ing the necessary regulations to prevent loss of property or damage to neophytes, and should distribute lands to the latter as soon as they ar-e able to govern themselves. 10. The government should take measures to abolish the mission escoltas, but at the same time to afford full protection to persons and property. 11. The necessary changes in municipal laws, to correspond with this plan, to be referred to congress. ​

mercial, are well known. Nationally the fleet included twenty American craft, eight English, three Spanish, two Russian, two Mexican, one Californian,one French, and eight of unknown nationality. 41 Captain Cooper in the Rover started probably in February fora new voyage to China, not returning until the next year. The Sachem and Spy came from Boston for Bryant, Sturgis & Co., presumably under Gale s superintend ence. McCulloch, Hartnell & Co. s vessels were prob ably the Pizarro and Junius, and perhaps others, for the records are far from clear.

Of all the vessels of the year those which created the greatest sensation were three Spanish men-of-war which made their appearance in April and May. The 27th of April a large line-of-battle ship flying the stars and stripes of the United States was seen approaching Monterey. The people thought of 1 8 1 8, "el auo de los insurgentes," and made hasty preparations for a flight to the interior, while the governor prepared his gar rison for defence. 42 Late in the afternoon the strange vessel anchored just beyond the range of the battery s guns, fired a salute, and sent an officer ashore, who shouted, " Viva la libertad !" and asked to see the gov ernor. The commander soon landed, and proved to be Jose Martinez, an old acquaintance of the Argiie- llos. A short interview served to remove all fears, 43 and the motives of the strangers were soon explained.

41 The vessels of 1825 see also list for 1825-30 at end d! chap, v. were: The Apollo, Aqui/es, Arb, Asia, Bengal (?), Carlos Huat (?), Constante, Courier (?), Don, Eagle, Elena, Eliza, Factor, Inca (?), Juan Battei/ (?), Junius, Kiahkta, Maria Ester, Mero/>e, Morrlos, Nile, Pizarro, Plowboy, Recorery, Rover, Sachem, Santa Magdalena (?), St<t Itosa (?), Snow (?), Spy, Tartar, Tiemechmach (?), Tomasa, Warren, Washington, Whaleman, Young Tartar, and nine American whalers not named.

42 J. J. Vallcjo, Reminiscencias, MS., 84-6, and Dorotea Valdes, Reminis., MS., 2-5, have more to say of the fright of the people than others, though all mention it. Osio, Hht. CaL, MS., 1)1-112, narrates the whole affair at some length. He saj-s that Arguello was importuned to retreat, and that the artillery commander, Lieut. Ramirez, was especially desirous of securing his life as he had just married a pretty wife with $8,000, but the governor refused to abandon the presidio.

43 P. Altimiva. however, still feared some hostile intention; May lth he sent from S. Francisco a warning to Argiiello, declaring that the men were bad, and should be looked upon with horror. He also recommended the sending ​

The ship was the Asia, or San Geronimo, of seven ty-four guns and six hundred men; and three days later her consort, the brigantine Constante, with sixty men, anchored in the harbor. These vessels had formed a part of the royal Spanish squadron operating against the rebels on the coast of South America. Together with the Aquiles and the transport Garinton, they had sailed from that coast for Manila in January 1824, after the fall of Callao, under Roque Guruceta. On the way the men revolted in March 1825, at Guahan, one of the Mariana Islands. They landed all the offi cers and passengers who would not join in their scheme, burned the Garinton, put Jose Martinez, for merly of the Constants, in command, and returned eastward with a view of surrendering the vessels to some of the American enemies of Spain. The Aquiles started first and was not seen again, and the others di rected their course to California, as the most practi cable route, and with a view of obtaining supplies. This was the account given by Martinez with more details on his later arrival at Acapulco. 44 Y\

An agreement was signed on May 1st, by whicn Martinez formally surrendered the Asia and Constante to Argiiello as an officer of the Mexican republic, under certain conditions intended to secure the safety of the men and the payment of their wages. 45 Thereupon

of the news to Mexico, and stated that the American schooner Tartar at San Francisco would cany a despatch for 1,500. Perhaps the padre had an understanding with Capt. Morrell, and was to have a share of the profits. St. Pap. Sac., MS., x. 10-11. Morrell, Narrative, 209, mentions the man-of- war at Monterey, giving some details.

44 Asia y Conxtante, Exprdieittc de la Capitulation, 1825, in Gaceta de Mex. , Extra, June 15, 1825, which is devoted wholly to this alTair, contains all the documents, and is the best authority. Jules Verne, the novelist, in The Mutineers, a story founded on this mutiny, gives many names and other par ticulars, which do not seem to be altogether inaccurate. The A*ia had car ried Viceroy O Donoju to Vera Cruz in 1821, and Conde de Venadito to Habana. Alaman, Hist. Mex., v. 329, 818-19. See also Zamacois, Hist. Mcj., xi. 01 1-13.

(appointed by Argiiello as comisionado), Jose Ramirez, Jos6 Cdnlenas, and Antonio Ventura Roteta. Mention in Dept St. Pap., Ben. MIL, MS.,lvL 8. May 3d, Argiiello approves the contract in a communication to Mar tinez, and reappoints the old officers temporarily. Martinez was comman​

the officers and men came ashore, swore allegiance to independence and the federal constitution, pitched their tents on the beach, and for over twenty days made things lively at Monterey. First, however, they had a religious duty to perform. The holy virgin had been in duced at a time of great peril by prayers and vows so to strengthen a weak sail that it bore the violence of the gale better than those thought to need no prayers ; and now all the men walked barefoot with the sail to church, and rendered their thanksgiving with much ceremony. 46 Finally, when the merry-making was over, health restored, and some necessary reiitting completed, the strangers embarked for Acapulco May 23d, under the charge of Captain Juan Malarin as chief navigator and bearer of despatches to the city of Mexico, by Argiiello s appointment. The Mexican government approved the action of the Cali- fornian authorities, and assumed the obligation to pay the wages of the men to the amount of over 90,000. Whether the debt was ever paid is another matter. The new vessels thus unexpectedly added to the fed eral navy were sent round to Vera Cruz, and the Asia was subsequently known as El Congreso.* 1 Several

der of the two vessels; Cardenas and Antonio Ferrer were next in rank on the Asia; while Antonio Roteta and Manuel Galindo were the officers of the Constante. D -pt fiec.. MS., i. 54.

46 Torre, Reminis.,M.S., 39-46, describes this church ceremony, and also that of swearing allegiance, at some length. Osio also gives some details. Vallejo, Hist. CaL, MS., ii. 3-18, who gives considerable space to this affair of the Asia, tells us that in a quarrel about a girl, the garfiupin Arnoldo Pierola killed Juan B. Lopez, and took refuge on the ship, where Lieut. Valle and the writer were sent to arrest him, but the crew refused to give him up. By careful precautions, further disturbances were prevented. The ladies presented two Mexican flags to the vessels, though, as appears from another document, they had to use blue stuff instead of green. Vallejo speaks of a grand ball on the Asia. All the old residents agree that money and sugar had not been so plentiful at Monterey for a long time. Sra Avila, Cosas de CaL, MS., 22-3, speaks of the ludicrous attempts of the sailors and marines to ride on horse back, and says further that their blasphemies shocked the Californians. Alvarado, Hist. CaL, MS., ii. 93-101, notes that green corn was in season; also that the Indian maidens reaped a rich harvest of money, handkerchiefs and beads from the strangers.

41 June 11, 1825, Manuel Victoria, com. at Acapulco, to sec. war, announc ing arrival of the vessels. May 21st, Arguello to com. at Acapulco on the sur render and Malaria s mission. June 1 1th, Martinez to com. Acapulco, announc ing arrival and enclosing his narrative of same date. May 1st, the treaty as ​

men from the two vessels remained in California, but none of this number ever acquired any prominence in the territory. 48

The third vessel of the fleet, the Aquiles, did not join the others at Monterey, but made her appearance at Santa Barbara early in May; neither did her com mander, Pedro Angulo. deem it best to surrender to

O

the Mexican authorities. During their stay of a few days the crew and passengers contracted as many debts as possible, we are told, and otherwise behaved badly. Finally on their departure, having left behind the pilot with seven or eight men, they fired two cannon with ball cartridges against the presidio as a parting salute, and disappeared in the south-west. 49

already cited, certified copy of Monterey, May 22d; and finally announcement of approval by Mex. govt on date of the gaceta, June 13th. All making up the Asia y Constaiite, Expediente. Sailing of the vessels on May 23d, Guerra, Doc., MS., iv. 158. May 2,3d, Argiiello to commandante at Acapulco, explaining the whole affair, and sending copies of contract. Dept Rec., MS., i. 56. May 2d, Argiiello to comandantes, giving an account of the surrender and plans. Id., i. 117. Mention of the affair in Nilcs 1 Raj., xxix. 74; Gaceta de Mex., i. 1-4. Contract religiously carried out. Mexico, Mem. Marina, 1826, p. 3. The 00,000 paid. Id., 1830, p. 1. Echeandia, on hearing of Argiiello s action, had some fears that he had been tricked, and ordered more strict precautions. St. Pap. Sac., MS., x. 32-3; Dept St. Pop., MS., i. 68. Osio, not friendly to Echeandia, says that the latter was severely snubbed by the minister of war for his intermeddling, and that consequently he later took every occasion to annoy Argiiello, killing him with disgnstos in 5 years !

43 In July 1828, 4 of the number remained in the Monterey district. St. Pap., Ben., MS., i. 75-6. Manuel Fogo and Francisco Gutierrez named. Dept Rec., MS., v. 17; vi. 45. David Spence, Hist. Note*, MS., 1-3, who gives a very clear narrative of the whole affair, says that 12 of the Asia?* crew remained and became good citizens. I have also a letter of Spence to Hart- nell of May 2d, announcing the arrival with some details. Vallcjo, Doc., MS., xxviii. 451. May 2, 1829, decree of president about the Asia s crew. Dispo- slcioncs Varias, ii. 60.

49 May 6th, Guerra to Argiiello, in Dept St. Pap., MS., i. 113; Id., Ben. Mil., liv. 7; Dept Rec., MS., i. 227. June 25th, Esteva from Mexico to com- andante of Monterey. If the Aquiles arrives give her no food; induce her to surrender like the Asia; take two officers as hostages; seize her sails; and re port quickly. Sup. Govt St. Pap., MS., iii. 8. Mrs Ord, Ocurrencias, MS., 18-19, says that when the commander of the vessel landed and called at Capt. Guerra s house, he found there a great crowd celebrating the wedding of her sister and Hartnell. With his companions he was invited to join in the fes tivities, and was induced by Hartnell to drink a good deal of wine with a view the better to learn his business, though without much success. Osio, Hist. C d., MS., 99-102, also speaks of the wedding, and tells us that Angulo, an ignorant Chileno, at first thought to hide his bad Spanish from so cultured a company by pretending to be a Frenchman; but Hartnell soon discovered he could not speak French. Learning that the Asia was at Monterey, An gulo hurried on board without waiting for anything, and sailed for Valparaiso, after sending a cannon ball into to ​wn.

One other visit to California this year requires special attention, from the fact that the voyager pub lished his experiences in a book. I allude to that of Benjamin Morrell Jr., in the American schooner Tar tar. Having sailed from New York in July 1824, he arrived at San Diego from the south in April 1825, perhaps bringing a cargo for Hartnell from Chili, but chiefly bent on catching seals. His description of San Diego, where he remained twelve days, 59 and his still more absurd description of his adventures on a hunting tour in the interior where with seven Spanish companions he defeated fifty native mounted warriors in a desperate hand-to-hand battle, killing seventeen of their number, and himself receiving numerous wounds leave no room to doubt that the valiant captain was a liar. He touched at Monterey and San Francisco, whence, finding that there was no prospect of success in the seal-fishery, he sailed in May for the Hawaiian Islands, going up to Cape Blanco and down to Socorro Island on the way. Many of Morrell s geographical and other details are tolerably accurate. His book was not published until 1832. He ventured on a prophecy " that long before another century rolls round the principal avenue of trade between the United States and the different sea ports on the Pacific Ocean will be the river Colorado, as connected with the gulf of California. The China and India trade will of course ultimately flow through the same channel." Not a cargo has yet been known to be sent down the great canon but the century has not yet rolled round. 51

60 Its form is nearly circular, and it is surrounded by a wall about 20 feet in height, which forms the back sides of the houses. There are about 250 houses erected in this manner, from one to two stories high, built of freestone and neatly finished. There is also a large church, one nunnery, and a very neat little court-house. This town contains about 1,500 inhabitants, princi pally natives of the coast His way of saying that the women rode astride as they did not is very good, however: viz., They usually honor each side of the horse with a beautiful little foot and ankle. 5 A whale-boat was built during the stay.

51 Morrell, A Narrative of Four Voyages to the South Sea. etc., 1822-31. "N". Y. 1832. Svo. 492 p. The matter on California is on p. 197-213. This was the ​

The customs revenue for the year was from $8,000 to $11,000, so far as may be determined from the records. 52 Vessels seern to have paid duties in accordance with the plan of 1824 and the subsequent action of the diputacion abolishing the duty on ex ported produce after January 1st, though the govern or, owing to a forgetfulness which was natural/ neglected to publish the decree until March. 53 Eche- andia s only action on commercial matters was a decree by which all trade was forbidden except at the four presidial ports, to the great inconvenience of the missionary traders. A little later, however, San Pedro was excepted, to accommodate the citizens of Los Angeles. 54

Several of the foreign residents married hijas del pais this year, but none did much else that calls for notice. Of new arrivals only about twenty names are known, of which number most are but visitors, chiefly masters of vessels; and only six have any claim to be considered as pioneer residents. John Burton, Robert Livermore, and Alpheus B. Thomp son are the prominent names; but in the case of each there is a degree of uncertainty respecting the exact year of arrival, as fully explained elsewhere. 55

The winter of 1824-5 was marked by an unprece-

second of the four voyages. Notices of Morrell s visit in the archives. St. Pap. Sac., MS., x. 11, 14; xiv. 37; Dept St. Pap., MS., i. G4-5. Blunder ing notice of the voyage in Taylor s L. Gal. , 43.

52 The amount is given as $8,014 and elsewhere as $11,036, in Dept St. Pap. Ben. Gust. If., MS., i. 101-2, 212. Duties at Sta Barbara, $1,220. Prov. St. Pap. Ben. Mil., MS., Ivi. 1. Amount at S. Francisco, $1,061; at S. Diego, $471. Probably $11,000 was the total, and $8,000 the amount at Monterey.

53 DcptRec., MS., i. 115.

54 E. s decree of Dec. 15th, inS. Antonio, Doc. Sueltos, MS., 101-3; 8. Jose, Arch., MS., vi. 23; Vallejo, Doc., MS., xxviii. 82; Dept St. Pap., MS., i. 94. Dec. 20th, S. Pedro excepted. Vallejo, Doc., MS., xxviii. 83. Complaint that S. Diego did not get its share of the revenue. Guerra, Doc., MS., v. 201-2.

55 See Pioneer Register at the end of these volumes, ii.-v., for the names of all, including visitors. The pioneers proper of 1825, besides Burton, Livermore, and Thompson, are Fisher the negro, William Gralbatch, and James Grant. Of old residents, W. E. P. Hartnell and Wm. A. Richardson were married; Daniel Hill was baptized; and Capt. Henry Gyzelaar is said by Phelps Fore and Aft, 242-3 to have been drowned in Russian River, though it may have been a year or ​two later.

dented fall of rain, from which damages more or less extensive were reported throughout the length of the territory. At Sonoma many of the new adobe build ings were destroyed. The voyager Kotzebue notes the violence of the storms at San Francisco. At Santa Cruz the river overflowed the gardens and undermined the buildings. Considerable grain was spoiled in the fields at different missions. The southern rivers were so swollen as to prevent the diputados from coining to Monterey to ratify the federal constitution, and con siderable changes in the course of the southern streams and general drainage of the country are reported, nota bly at Los Angeles and San Diego. More particu lars will be found in local anuals. 56 The rains were on the whole beneficial to the crops in spite of the local losses, for the harvest was 68,500 fanegas, the largest of the decade except that of 1821.

56 General mention not likely to occur in local anuals. Leg. JRec., MS., i. 42; Dept Rec., MS., i. 300-1. A newspaper item, accredited to Salvio Pa- checo and widely copied, states that from 1824 to 182G hardly any rain fell. Mention of the floods in AUa Col., Dec. 30, 1852; Yuba Co. Hist., 07.

\ ​

CHAPTER II.

ECHEAKDIA S RULE POLITICAL AFFAIRS. 1826-1830.

NATIONAL MEASURES, 1826 JUNTA DE FOMENTO ECHEANDJA AT SAN DIEGO GUERRA FOR CONGRESS, 1827-8 COLONIZATION REGULATIONS OF 1828 TERRITORIAL DIPUTACION, 1827 PROPOSED CHANGE OF NAME ECHEANDIA IN THE NORTH DIPUTACION, 1828-30 ELECTION MAITORENA SENT TO CONGRESS, 1829-30 ACTS OF THE SUPREME GOV ERNMENT PADRES AS AYUDANTE INSPECTOR GOMEZ AS ASESOR CALIFORNIA AS A PENAL COLONY ARRIVAL OF 130 CONVICTS CARRILLO ELECTED TO CONGRESS FOR 1831-2 EXPULSION OF SPANIARDS, 1827-30 LIST OF SPANISH RESIDENTS ECHEANDIA S APPEALS FOR AID His RESIGNATION APPOINTMENT OF ANTONIO GARCIA THE CALIFORNIAS SEPARATED MANUEL VICTORIA APPOINTED GOVERNOR.

FOR the last half of the decade under consideration, the course of events adapts itself more conveniently to a grouping in topics than to strict chronological treatment, since the epoch, with the exception of the Solis revolt, was not one of radical changes and star tling events, but rather of gradual progress toward the Mexican ideal of republicanism and the secularization of the missions. There was chronic and ever-increas ing destitution among the troops, resulting in open mutiny, constant scheming to make both ends meet.

v O

with no little rascality on the part of the territorial financiers, and growing commercial industry under the auspices mainly of foreigners. Of the topics to be separately treated, usage, as well as convenience in this instance, gives the first place to politics, and to mat ters more or less closely connected with territorial and national government. ​

(31)

Politically, then, 1826 was wellnigh a blank. The national authorities attached some importance to Cali fornia as affording by her rich missions a possible stronghold for Spanish reactionary sentiment, and they had a vague idea that there was a problem to be solved there; but having sent a political chief to study the state of affairs, a small military reinforcement, an administrator of finances, and a small amount of money and goods for him to administer, they felt that they had done a good deal, and were content to let Califor nia work out her own salvation for a time. Yet it seems that the junta de fomento was still engaged upon a general plan of government for the province, and for the report of this body, of whose acts we have unfortunately no record, all were waiting. 1

Cheering news was also sent north that with the surrender of San Juan de Ulua the Spaniards had lost their last foothold in Mexico, and also that the pope had recognized the Mexican independence. These events were celebrated at different points in the terri tory, by the governor s order, iii April and May. 2

Echeandia, sent to establish the republican regime, remained at San Diego engaged in studying the coun try s needs. He was not in robust health, was natu rally inclined to be easy-going and dilatory, and was certainly in no haste to adopt any radical policy. Some items of business connected with the arrival of vessels claimed his attention; he slightly agitated the matter of secularization, trying one or two experiments with a view to test the feelings of the friars and the

1 Mexico, Mem. Relaclones, 1827, p. 36-7. The minister says that in Cali fornia very marked vestiges of the old monastico-military government still remain, presenting serious obstacles; but the governor is instructed to gather information, and the junta is at work on a plan.

2 Corresp. of 1825-6, with notice of celebration at Sta Barbara, Monterey, S. Buenaventura, and S. Fernando. Echeandia s order was dated April 15, 1826. Dept 7?ec., MS., iii. 16; iv. 31; DeptSt. Pap., Ben. Mil., MS. Ixxxvii Id., Ben. Com. and Treas.,MS., i. 11; St. Pap., Ben,, MS., i. 69-70; Sup. Govt St. Pap., MS., xix. 26. Double pay for three days was ordered for soldiers; and some silver coins seem to have been distributed. At S. Fernando the padre refused to officiate, and the neophytes said some pater-nosters and ave marias on their own account. ​

capabilities of the Indians; and he was engaged to gether with Jose Maria Herrera in laying the founda tions of what became later a very bitter quarrel. But of these topics I shall speak elsewhere. Montereyans were forming a prejudice against the new governor because he chose to live in the south. The padres disliked him because of the republic he represented and his expected opposition to their interests; but the governor attended to his routine duties in a manner that afforded little or no ground of complaint.

The diputacion had no existence since its suspen sion by Argliello; but at the end of 1826 Echeandia seems to have ordered a new election, and on the 18th of February five electors de partido met at San Diego to choose, not only diputados to reorganize the terri torial diputacion, but also a diputado to the national congress. 3 Pablo de Sola was on the first vote chosen as representative in congress; but in view of the doubt whether Sola could be deemed a, resident of California and of the urgent necessity that the territory should be represented, the vote was reconsidered, and Captain Jose de la Guerra y Noriega was unanimously elected, with Gervasio Argiiello as substitute. The term of office was for 1827-8. Guerra did not start for Mex ico until January 1828. His friends urged him not to go, fearing that as a Spaniard he would not be well received. Their fears were well founded, since he was not admitted to congress, and even had to hurry back

3 Dec. 5, 1826, Gov. orders that electors are not to start until further notice. Dec. 31st, he orders them to start. Dept Rec., MS., iv. 19-26. The order for an election is .not extant, but it appears from another document to have been elated Nov. 14th. The live electores do partido, one for each pre sidio and one for Los Angeles, were Francisco de Haro, S. F. ; Estevan Muii- ras, Monterey; Carlos A. Carrillo, StaB. ; Vicente Sanchez, Los Angeles; and Agustin Zamorano, S. Diego. A etas de Elccclones, MS., 1-4; Depl St. Pap., Angeles, MS., x. 1 ; Guerra, Doc., MS., vii. 155-8, in which documents is found the record of the action of the meeting. The only partido election of which we have a record was that at S. F. on Jan. 1, 4, 7, 8, 1827, where Haro was chosen over Joaquin Estudiilo. Details given. Voile jo, Doc. , MS. , i. 99-102; and the only primary elections recorded were that at S. F., Id., and that at San Antonio on Xov. 26th, where Eugenio Nactre was chosen to go to Monterey and vote for the elector de partido. Dept St. Pap., Ben. Alii., MS., lix. 17-19. ​

34 ECHEANDIA S RULE -POLITICAL AFFAIRS.

to California to avoid serious troubles, although he had left Spain at a very tender age. 4 Gervasio Ar- giiello, thesuplente, took the seat, but failed to distin guish himself or to be of much use to his constituents. The famous junta concluded its labors in behalf of California at the end of 1827; and in 1828 congress made an appropriation to give the territory a district judge. 5

Among the acts of the supreme government, the decree of November 21, 1828, containing general reg ulations for the colonization of Mexican territory, de serves prominent notice. This was a supplementary decree, designed to give effect to the law of August 18, 1824, 6 by establishing rules for the guidance of the territorial authorities in making grants of land, as also of petitioners who might desire to take advantage of the law s provisions. With some slight modifica tions, these regulations were in force down to the end of Mexican power in California, and in this decade a few grants seem to have been made in accordance with them. I reproduce the substance of the rules in a note. 7

4 Guerra, Doc., MS., vi. 99-100, 123, and passim. He sailed on the Maria E*ter, carrying high recommendations from Echeandia. That he had not been admitted was known at home on Dec. Cth, Dept llec., MS., vi. 46-7; and hia passport to return was signed by President Victoria on Dec. 16th, and vised at S. Bias on May 16, 1829. Oct. 20, 1829, he speaks of his late penoso viaje in dunning Bandini for a debt. Hayes 1 Mission Book, i. 216. $1,000 of 5,000 due Guerra for mileage and salary was later collected in 1831. Guerra, Doc., MS. , iv. 209-10. June 18th, Argiiello from Guadalajara thanks the junta electo ral. Dept 8t. Pap. , MS. , ii. 23. Vallejo, Hist. Cal. , MS. , iii. 98, accuses Argiiello of having intrigued, or at least used his influence, to keep Guerra from his seat. A pamphlet of 1828, giving sketches of the congressmen of 1827-8, speaks of him of California as nada, or nothing. Semblanzas de los JMiembros.

5 The secretary of the interior mentions the completion of the junta s work in his report of Jan. 30, 1828, stating that a copy in print was distributed to members. Mexico, Mem. Relaciones, 1828, p. 22. Bustamante, G uadro^llist., v. 64, speaks of the junta. The Aguila newspaper mentioned a set of the records of the junta lor sale. Guerra, Doc., MS., iv. 175. It is remarkable that I have found none of these records in the archives.

6 See chap, xxiii., vol. ii. this work. In forming these regulations of 1828, the plans proposed by the junta de fomento in 1825 were doubtless taken into consideration and adopted to a certain extent. See chap. i. of this volume.

8-9; i. Rockwell, 453.

1. Governors of territories may grant vacant lands to such persons, Mexi​

On May 12, 1827, the junta de fomen to presented an iniciativa de ley, or general system of laws for the federal district, with the recommendation that the same be adopted by the government, as a kind of constitution for California and the other territories. There is no evidence that it was so adopted; and in deed, I find nothing to show that any general system of organic law was ever adopted as a whole; but it would seem that the different branches of territorial government were provided for by separate laws as needed from time to time. 8

can or foreign, as will inhabit and cultivate them. 2. A person desiring lands shall, in a petition to the governor, express his name, country, etc., and shall describe the land by means of a map. 3. The governor shall at once ascertain if the conditions, as regards land and claimant, are those required by the law of 1824, and may consult the respective municipal authority. 4. This done, the governor may accede or not to the petition, according to the laws. 5. Grants to families or private persons shall not be valid without the previous consent of the diputacion, to which body the expediente shall be forwarded. 6. Not obtaining the approval of the diputacion, the governor shall report to the supreme government, with the necessary documents for its decision. 7. Grants to contractors for many families will not be valid until approved by the supreme government, to which must be sent the necessary documents, including the approval of the diputacion. 8. The governor shall sign a document to serve as a title to the party interested. 9. A record shall be made, in a book kept for the purpose, of all petitions and grants, including maps; and a quarterly report must be made to the supreme government. 10. No contract for a new settlement will be admitted, unless the contractor binds himself to intro duce as settlers at least twelve families. 11. Non-compliance with the terms within a proper designated period shall invalidate the grant; but the governor may invalidate it in proportion to the part fuliilled. 1 2. The colonist will prove compliance with his contract before the municipal authority, in order, on the necessary record being made, to secure his right of ownership, with power to dispose of it. 13. New settlements shall be built with all possible regularity, and shall follow the rules of existing laws for other settlements. 14. The minimum of irrigable land to one person shall be 200 varas square; of agri cultural lands, 800 varas square; and of grazing lands, 1,200 varas square. 15. Land for a house-lot shall be 100 varas. 10. Spaces between colonized lands may be given to adjoining proprietors who have cultivated their lauds with most application, and have not received the full amount allowed by the law; or to their children, who may desire to combine the possessions of their families. 17. In those territories where there are missions, the lands occu pied by them cannot be colonized at present.

In Ilal eck s lieport, 121-2, a law of April 6, 1S30, is cited, which author ized the reservation or taking of lands for forts, etc. ; and also repealed art. 7 of the law of 1824 by prohibiting frontier colonization^ by adjacent foreign ers. At least twice in these years, Oct. 7, 1S27, and July 1.3, 1830, general orders were issued in California for owners of lands to appear and give in formation about them and the titles. Oivera, Doc. , MS. , 1 ; Dept St. Pap. , Ben. Mil.. MS.,lxxi. 3.

8 For an account of the acts of the junta de fomento, see chap. L, this volume. Of this iniciafiva de ley, I shall not attempt to present more than a brief re"sum6 or framework, as follows: 1. Attributes of the president as gov​

36 ECHEANDIA S RULE- POLITICAL AFFAIRS.

The junta of electors at San Diego, on February 19, 1827, also chose seven vocale*, or members, and three suplentes, or substitutes, for the territorial dip- utacion, which was ordered by Echeandia to convene at Monterey a little later. It does not appear that he made any effort to have the sessions held in the south. The body assembled at the capital on June 14th, but several changes were necessary in its per sonnel to keep a quorum in attendance. 9 The gov ernor now came north for the first time to preside at the meetings, and doubtless directed in great measure the legislative policy. The town was illuminated on

ernor of the federal district, who delegates his powers to a governor for each territory, reserving, however, the power of this and other appointments, with other faculties. 9 articles. 2. Attributes of the governor of the Californias. Appointed for 4 years, but removable at any time by the president, 35 articles. .3. Lieut. -governors, one for Upper and one for Lower California, appointed by the president for 4 years. 8 articles. 4. Council of govern ment, 4 persons for Alta California, elected by the people for 4 years. 10 articles. 5. Ayuntamientos of alcalde, 3 regidores, and sindico for a popula tion of 500 in Alta California. Elected, alcaldes yearly. 20 articles. 6. Administration of justice. Civil, 8 articles; criminal, 22 articles. 7. Judges learned in law; 5 in Alta California. 8 articles. 8. Superior tribunal of justice, consisting of a president and 2 ministers; no salary; 15 articles. 9. Ecclesiastical government under bishop of Sonora; 9 arlicles. 10. Military government under governor as comandante militar; 15 articles; with recom mendations of strengthened defences, a comisario de guerra, and a military academy. 11. Navy, recommendation of a maritime force at S. Francisco and Monterey; and transfer of the navy-yard of S. Bias to Monterey. 7 ai ticles and 3 notes. 12. Treasury and revenue, 4, 9 articles. 13. Commerce, 8 articles. 14. Subdivision of Alta California into 4 districts (practically agreeing with that which I have always followed); adopted by the junta oil June 20, 1826. There is attached to the iniciativa also the voto find of the junta, dated May 13, 1827, and containing general conclusions on the pros pects of the Californias and the labors of the board.

9 The members elected on Feb. 19th were, in the order of their seniority: 1st, Mariano Estrada, 2d, Tiburcio Tapia, 3d, Ignacio Martinez, 4th, Antonio M* Ortega, 5th, Juan Bandini, Gth, Anastasio Carrillo, 7th, Antonio Buelna, 1st, Supl., NicoLis Alviso, 2d, Joaquin Estudillo, 3d, Romualdo Pacheco. Actas de Elecciones, MS. , 4-5; Dept St. Pap. , A n<j. , MS. , x. 1 . All seem to have been pres ent at the first session or within a few days, but they were called away by private or military business until, on Sept. 1st, the two remaining vocales, apparently Estrada and Buelna, had to call in the ayuntamiento of Monterey, and with the aid of that body elect 5 provisional members, who lived in ornearthe capital and could be depended on. They were Francisco Pacheco, Estevan Munras, Juan Josxi Rocha, Mariano G. Vallejo, Jos6 Castro. Sworn in on Sept. 19th. How the whole body now stood as respects seniority does not appear. Lieut- Martinez at first served as secretary, but on June 26th, Juan B. Alvarado was duly chosen, and awarded a salary of $25 per month. Leg. Rec., MS., i. 47-80; Dept 7,Vc., MS., v. 67, 73, 75, 82, 87; Vallejo, Doc., MS., ii. 170; Dept St. Pap. S. Jos6, MS., iv. 47; Id. Monterey, vi. 3-4. Alvarado s salary was to be paid from the municipal funck of Monterey. ​

the night of the 1 3th, and sessions were held at short intervals until the 20th of September. The subjects considered were mainly those connected with com merce and finance, and especially with Herrera s ad ministration of the revenues. Reserving those topics for other chapters, I append in a note an abstract of the legislative proceedings/

10

10 June 14th, oath of office taken by cliputados before Echeandia, and Mar tinez chosen temporarily as secretary. June IGth, Comisario Herrera took the oath. A reglamento for the dip. was begun and completed at the next ses sion of June 19th. Details of routine rules for business need not be given; suffice i to say that these rules were somewhat carefully prepared. There were to be two regular sessions of 3 hours each week, each including a secret meeting. The members were to be divided by the president into 3 sections or committees: 1st, on missions and finance, 3 persons; 2d, on police regu lations, 2 persons; 3d. on education, agriculture, industry, and govt of the dip., 2 persons. The committees named were: 1st, Ortega, Bandini, and Martinez; 2d, Estrada and Tapia; 3d, Carrilloand Buelna. June 23d, Estrada s prop, that vessels be allowed provisionally to touch at the minor landing- places with the governor s consent, approved and referred to committee. Bandini introduced a mamjifsto urging certain changes and reductions in duties; that the supreme government be asked for teachers for a college or academy; and that Los Angeles be declared provisionally the capital of the territory, with the title of city. June 2Gth, tax on wine and brandy regulated according to report of committee oil finance. In afternoon Alvarado elected secretary, Martinez resigning. June 23th, sec. sworn in. Additional regula- tions of the liquor traffic. June 30th, July 2cl, liquor traffic continued. Mar tinez allowed to join his company in S. Francisco. July 7th, liquor regulations concluded. Bandini s proposition to make Los Angeles the capital taken up, but no action. Gov. proposed a change in the name of the territory. See text. July 13th, Echeandia s proposition discussed and approved, subject to decision of supreme government. Ortega notallowed to retire until Bandini should come. Contador appointed. July IGth, petition from padres that vessels be allowed to touch at the landings of Sta Inez and Purisima. No power to act. July 17th, 18th. 20th, Sept. lUth-20th, action on revenue matters, involving the invcsti- ation of charges against Herrera, and resulting measures directed against him. See chap. iii. Pacheco as vocal suplcnte sworn in on July 20th. July 24th, long discussion on Banclini s commercial propositions, in which Comisario Herrera took part. See chap. iii. Contador Gonzalez takes oath of office. Bandini and Tapia granted leave of absence; Suplentes Estudillo and Alviso summoned. July 31st, Aug. 4th, 9th, llth, 17th, Sept. 12th, regulations re specting live-stock and branches of commerce and police therewith connected. Alviso sworn in Aug. 4th. Aug. 17th, Echeandia reports having ordered the pre fect to establishaschool in each mission. Sept. 1st, ayuntamiento called in and 5 new members elected provisionally. See note 9. Sept. 1 1th, report received of removal of a local officer at Los Angeles. The next session regularly recorded, after Sept. 20th, was on July 10 r 1830. Leg. fi<c., MS., i. 47- 1C4. Incidental mention, Arch. Arz<,b., MS., v. pt. i. 34; St. Pap., Sac., MS., xix. 39; Dcpt Rec., MS., v. 50, 12G. June 22d, Echeandia to minister of relations asks if the sub-comisario should attend as intendente, and if he and the writer should have a vote. Alvarado, Hist. Cal., MS., ii. 118-21, represents Echeandia as having opened the sessions with a long discourse, in which he explained the situation of the territory, the policy of Mexico, and all that he had done since his arrival. This writer states that all the acts of the diputacion in 1827-9 were really the work of Echeandia. Duhaut-Cilly, ​

38 ECHEANDlA S RULE POLITICAL AFFAIRS.

One act of this diputacion merits further notice, which may as well be presented in the words of the original record: "The committee presented the prop osition made by his excellency the president at the session of the 7th this being July 13th namely, that there be proposed to the supreme government a change in the name of the territory, and also in that of the Pueblo de Los Angeles, in order to distinguish the lat ter from the city of Puebla de Los Angeles, capital of the state of Puebla, which after close examination the committee reported for discussion, with the sugges tions that the territory be named Moctezuma, and that to the pueblo be given the name of Villa Vic toria de la Reina de Los Angeles; also that there should be proposed to the supreme government as a coat of arms for the territory an Indian with plume, bow, and quiver, in the act of crossing a strait, all within an oval having on the outside an olive and an oak, in memory of the first peopling of these Amer- cas, which according to the most common opinion was by the strait of Anian; all of which, after sufficient discussion, was approved." So far as the records show, no attention was paid to this proposition in Mexico, and fortunately California escaped the burden of a new and inappropriate name, founded on one of tha least reliable traditions of American antiquity. 11

Echeandia did not extend his tour northward to San Francisco, perhaps not beyond Monterey; and I have not been able to find the general report on the

Viagrjio, i. 282, who attended some of the meetings, tells us the diputados were mere puppets in the governor s hands. Echeandia would make a propo sition supported by specious pretences and prosy arguments; sometimes by previous agreement one or two trusted ones would offer some weak objection for the president to overthrow; if any other dared to oppose, he was inter rupted with a reprimand; did any one wince at the last moment, a look con trolled his vote. This, of course, though amusing, is grossly exaggerated.

11 Leg. lice. , MS. , i. G2-3. On Nov. 3d, Echeandia forwarded this act to the secretary of relations, Dcpt St. Pap., MS., ii. 44, and he included with it the proposition to make Los Angeles the capital as well as a villa, though the legislative record does not show the diputacion to have approved Bandiui s motion to that effect. Taylor mentioned this proposed change of name in a newspaper article, and from him apparently it was taken by Tuthill Hist. ​

condition of the country which he probably made as a result of his inspection. 12 For reasons with which the reader is familiar, Echeandia had a somewhat cool reception at Monterey; but by his policy at the cap ital he did much to remove the current prejudice, and to gain the good will of that class of Californians which constituted the progressive republican element. His course in the Herrera quarrel pleased Estrada and his large circle of friends, and he disavowed certain unpopular sentiments which his foes had attributed to him, such as approval of making California a penal colony.

Another affair which helped to give Echeandia a better standing at Monterey was his method of deal ing with Captain Miguel Gonzalez. This Mexican officer had by virtue of his rank held the place of comandante cle armas since 1826, greatly to the dis gust of lieutenants Estudillo and Estrada, and of all the Californian officers and soldiers. Gonzalez is said by his enemies, it must be remembered to have been an ignorant, brutal, and despotic man, popularly known as El Macaco, the ugly ape. The regular cavalry company, officers and men, accused him of arbitrary acts, and of partiality to the Mexican troops of his own artillery detachment aid the others; while he complained of insubordination m the part of the Californians. It is not very import ,nt, even if it were possible, to investigate the details and merits of this quarrel. Mexican and Cahfornian officers were in clined to look down, each upon the other, from a height of superiority; but the revolution gave commis sions to many ruffians, and there is no special reason to doubt that Gonzalez was one of them. In Febru ary 1827 he wrote long and somewhat incoherent complaints to Echeandia, asking to be relieved of his

12 Alvarado, Hist. CaL, MS., ii. 127-35, says he was received enthusiasti cally at Sta Barbara, contrary to his expectations, founded on the influence of the friars there; yet it was at this very time that two padres at Sta B. fled from CaL, as we shall see elsewhere. Vallejo, /list. CaL, MS., ii. 206-71, notes a grand reception at San Jose , and a rather cool one at S ​ta Clara.

command, but refusing to be subordinate in any way to Estrada or Argiiello. Usurping Estrada s author ity over the presidial district outside of Monterey, he put that officer under arrest; but Echeandia affirmed Estrada s powers and ordered his release. 13 When the governor came to Monterey in May, he soon took sides against Gonzalez, administering frequent repri mands, and finally in November ordered him to pre pare for a march to Santa Barbara, in order that peace might be restored by his absence. How far Echeandia was influenced by the fact that Gonzalez was the friend and father-in-law of Herrera, 14 we have no means of knowing. 15 It would appear that Gon zalez did not accompany Echeandia to the south in December, or that he returned immediately; for in February 1828 he was suspended from his command and put under arrest at Monterey by Estrada, at the governor s order, after some investigations had been conducted by Lieutenant Pacheco. At the end of the year he was ordered to leave the country on the Maria Ester, in accordance with instructions of May 31st from Mexico; but he wias at San Diego as late as April 1830. 16

13 Feb. 22, 24, 1827, Gonzalez to gov. Dept St. Pap., MS., ii. 2-7, 10-11. March Gth, Apr. 10th, gov. to Gonzalez. Dept Rcc., MS., v. 32, 33-7.

11 Of Doila Alfonsa, the beautiful wife of J. M. lierrera and daughter of Capt. Gonzalez, we shall hear more in later years.

13 June 13th, Gonzalez to gov., protesting against firing a salute on corpus cristi day. Dcpt St. Pap. , MS. , ii. 2j. July 14th, 27th, Sept. 27th, Nov. 10th, 19th, 20th, 21st, gov. to Gonzalez, with reprcmands for misconduct and disre spectincluding the shooting at an alcalde, and allowing his wife to meddle in official business. The order to prepare to inarch for Sta Barbara was on Nov. 10th. Nov. 21st, gov. to alcaldes, stating his orders for Gonzalez depart ure and forbidding any insulting or sarcastic remarks about that officer or his men or his family. Dept Rec., MS., v. 04, 00-70, 92-3, 108-11.

16 Dec. 15, 1827, Pacheco ordered to continue investigations. Dept Rec., MS., v. 117. Feb. 14, 1828, Echeandia to Gonzalez, ordering his suspension and arrest for intrigue among the troops to keep himself in power; for dis turbances at various places; for ignorance, disobedience, and inciting of in subordination. Id., vi. 183-4. Feb. 22d, Estrada has arrested Gonzalez. St. Pap., MS., xii. 13. Feb. 29th (?), Echeandia s order to Estrada. Dcpt St. Pap., ii. 73. Nov. 9th, gov. orders Gonzalez to leave on the Maria Ester. Dept Rec., MS., vi. 131. Dec. 22d, to same effect. Id., vi. 101. Dec. 9th, however, he was ordered across the frontier by land en route to Loreto. Id., vii. 260. Apr. 23, 1829, testimony of Gonzalez at S. Diego about a statement in a Mexican newspaper that he had destroyed a Spanish fla^. Dept St. Pap., Ben. MIL, MS., Ixxx.-vii. 72. Feb. 5, 1830, order from secretary of ​

ELECTIONS OF 1828. 41

Back at San Diego in April 1828, 17 Echeandia summoned his diputados to assemble, presumably at San Diego; 18 but there is no record of any action of the body this year, and little or no evidence that it met at all, except perhaps, as Alvarado says, to protest against the holding of meetings out of the capital, to listen to Echeandia s views on the subject, and to adjourn. 19 Later in the year, however, at an electoral junta held at San Diego on October 6th, the diputacion was re organized by the choice of four new members. 20 All

war for Gonzalez to proceed to Mexico. Sup. Govt St. Pap., MS., vi. 1. Inocente Garcia, Hechos, MS., 40, 44, says that one of the offences for which Gonzalez was sent away was the arbitrary infliction on him, Garcia, of 100 palos without trial, and he not being a soldier. Beechey, Voyage, ii. 57,85, speaks of Gonzalez as having risen from the ranks by his own merit.

17 En resume", E. , as shown by his corresp., had left S. Diego late in March 1827; was at Sta Barbara during a large part of April; arrived at Monterey about the middle of May, and left there late in Nov. ; was at Sta B. from Dec. until March; and returned to .S. Diego early in April.

18 April 10, 1828, Echeandia s summons to Estndillo, Alviso, Buelna, Ortega, Banclini, and Tapia to meet as agreed upon at the close of the last sessions, but not naming the place. Dcpt Itec., MS., vi. 198. Buelna and Anastasio Carrillo mentioned as members in Sept. Id. , vi. 92. Aug. 9th, E. orders Habili- tado Domingo Carrillo (of S. Diego) to pay out of the municipal funds Alvarado s salary of $25 per month as secretary. Id., vi. 81. Other indications of Al varado s presence as secretary at S. Diego as late as Dec. Dcpt St. Pap., Ben. Mil., MS., Ixvi. 90-1. Alvarado s own version is confused in respect to dates, representing a first visit to S. Diego as having been in. 1S2G, before E. s visit to the north.

19 Alvarado, Hist. CaL, MS., ii. 139-40; iii. 14-22, tells us that when the diputados arrived at S. Diego they sent him as secretary to inform the governor of their presence and that they awaited his message. The first act on assem bling in the large hall of the comandancia was to protest on motion of Buelna against meeting away from the capital. Echeandia received the protest courteous!} 7 , and a few days later explained his theory that as coaiandante general he had the right to live where ho could do most for the interests of the country, that is in his opinion at S. Diego. The diputacion replied that if he had that right, it as a body had it not, but was rccjuired by law to meet at the capital under the presidency of the senior vocal in the absence of the gefe politico. Echeandia replied: I do not object. Let the diputados re turn to Monterey if they like. The governor, howevei*, had some resentment against Alvarado, in whose handwriting was the protest. Soon, on account of a quarrel with P. Mcnendcz, chaplain of the troops a Dominican whose wine he had been drinking and whose sermons he had been writing Alvarado was summoned before the gcfe politico, and reprimanded for disrespect to a friar. A stormy scene followed, in which the young secretary so he says crowded Echeandia into a corner, pretended to have a dagger, and finally induced him to become calm, talk the matter over, and listen to reason. They parted friends, and E. went so far as to explain his real reason for choosing to live at S. Diego, viz., his fear of Herrera and his confederates, who had plotted to seize him and send him to Mexico !

20 These were Carlos A. Carrillo, Pio Pico, Vicente Sanchez, and Jose" Tiburcio Castro, as 4th, 5th, Gth, and 7th respectively. Adas de Elecciones, MS., 8; Leg. liec., MS., i. 127; Dept St. Pap., S. Jose., MS., ii. 12; Dept Rec., ​

were summoned to assemble at San Diego on January 1, 1829 ; and they seem to have clone so, part of them, at least, only to prove unmanageable, and to be dismissed by the gefe politico. Immediately after the suspen sion of the southern session, a summons was issued for the diputados to convene at Monterey June 1st, and proceed to public business under the presidency of the senior vocal; but I find no evidence that any such meeting was held; in fact, Echeandia himself had no confidence that his summons would be heeded. Thus it may be said that in 1828-9 the legislature was not in session. 21

In December 1829 Echeandia started northward again, and on the way summoned the diputacion to meet, this time at Santa Barbara by reason of the troubles at Monterey. Possibly the body did assem ble there, but only to adjourn; 22 for the troubles, to

MS., vi. 108. At the same time Manuel Dominguez, Salvio Pacheco, and Carlos Castro were chosen as 1st, 2d, and 3d suplentes. The first three places were held respectively by Bandini, Anastasio Carrillo, and Bueliia, who held over from the old board. St. Pap., Sac., MS., xix. 42-3.

21 Dec. 1828, summons to Pico, Sanchez, and Dominguez to meet at S. Diego on Jan. 1st. i)e/it Rec., MS., vi. 159. Feb. 19, 1829, gov. permits Domin guez to retire because it is impossible to have any session, 3 of 5 members having refused to attend. Id., vii. 88. May 22d, gov. says that the diputados sum moned to S. Diego had not wished to come on account of the illegality of meeting except at the capital ; therefore he asks them to go 011 at Monterey without his presence. /(/. , vii. 1G4. April 10th, gov. tells the minister of rela tions that he suspended the junta on account of its desorganization, attri butable largely to the influence of Vicente Sanchez, prompted as he believes by Herrera. He proceeds to give a description of each of the 10 members in respect of character, ability, education, and property in no case a flattering picture. Doubts that the diputados can be induced to leave their private affairs to meet even in Monterey. /(/., vii. 4-6. It does not seem likely, however, that Sanchez, a Los Angeles man, should have plotted in favor of Monterey. Don Pio Pico, Hist. Cal., MS., 17-19, says that at S. Diego there was just a quorum, and that he prevented the session by insisting on its being held at Angeles, and withdrawing when his wish was not followed. He also went to Monterey, and met Jose T. Castro, the only other proprietary member present. April 9th, summons to convene at Monterey June 1st. Dci-t ^ec., MS., vii. 128. May lOUi, \Vm. A. Gale, in a letter to Cooper from S. Pedro, mentions the meeting ordered for June 1st. Valtejo, Doc., MS., xxix. 3~A. It seems that Sanchez was suspended from his position as dipu- tado^in the course of this affair. Dcpt Rec., MS., vii. 200.

2 -Dcc. 8, JS29, E. from S. Gabriel to Sanchez, Pico, and Bandini, revoking the suspension of the first, and urging all to hasten as patriots to Sta Barbara, in view of the critical condition. Dcpt Rec., MS., vii. 200. Jan. 18, 1830, similar summons to the Carrillos. Id., viii. 10. Feb. 5th, E. to comandante at Monterey, states that the diputacion did meet to devise means for the restoration of tranquillity. Dept tit. Pap., MS., ii. 128. ​

be described in the next chapter, having passed, the governor went at the end of March to the capital, where he succeeded with some difficulty in getting together four of the vocales, 23 and regular sessions were held from July 10th to October 7th, save that for one month during this period the members were allowed leave of absence to attend to their harvests. I append in a note an abstract of legislative action, much of which is noticed more fully elsewhere in connection with the special topics treated. 24

The electoral junta which met at San Diego and

Drpt Rec., MS., viii. 25, 53, 61; Dept St. Pap., Ben. Mil, MS., ii. 4; Ley. L ec., MS., i. 130. The four were Buelna and Jos6 T. Castro, with Sal- vio Pacheco and Carlos Castro as suplentes. Other members came in later.

J1 July 10th, the four members sworn in. Alvarado was still secretary. Castro and Buelna were named for 1st committee; Pacheco for the 2d; and Carlos Castro for the 3d. July 14th, a proposition was presented by the com mittee 011 education, that schools be established at such missions as had none. July IGth, Juan B. Alvarado was appointed contador de propios y arbitrios (municipal treasurer), in accordance with a decree of the curtes in 1813. Sal ary, $15 per month. July IGth, secret session. Regulations on the proposed mission schools. July 20th, the matter of instructions to the newly appointed contador was referred to a com. The reglamento adopted in lbi 7 was modified in some respects, the changes including provioion for 3 sessions a week, on Tuesday, Thursday, and Saturday. The president then submit ted to the diputacion his plan for changing all the missions into pueblos. See chap. iv. July 23d, voted $30 dollars a month to P. Menendez as chaplain. The president made a speech on the necessity of making a beginning of establishing an ayuntamiento at Monterey and Sta Barbara, according t? the bando of Dec. 15, 1820, and decree of June 23, 1813, and consequently of assigning bounds to pueblo lands. A salary of $20 per month was voted for the teacher of S. Diego. July 24th, boundaries of the cyidos of Monterey were fixed. See local annals. July 2Sth, boundaries of the jurisdiction of Monterey, continued. July 29th, same subject, continued. Also the secu larization project taken up, and the first articles approved. Seecliap. iv. July 31st, Aug. 3d, approval of Echcandui s secularization plan concluded. Aug. Gth, the subject of convict settlers discussed, the dip. strongly disapproving the sending of any more of them to Cal., expressing a desire to get rid of those now here as soon as possible, but approving Echeandia s plan of a public workshop for such r.s had trades. It was voted to ask the sup. govt that only good and useful families be sent in the future. Aug. 10th, a reglamento in article^ for the contador de propios y arbitrios discussed and approved. Details of keeping the books of the office, etc. Aug. 10th, establishment of two convents approved as a supplement to the secularization project. Aug. 17th, a tariff of duties on timber established. See chap. v. Aug. 21st, 24th, certain members ask anel receive leave of absence for 15 days. Others were to be summoned, but it seems this was not a success, since there were no more meetings for more than a month. Sept. 29th, at Bandini s request the difficulties of getting a quorum in attendance were put on record. Sept. 30th, approval of land grants to Ignacio Vallcjo and Dolores Pico, in accordance with the colonization law of Nov. 24, 1828. Oct. 7th, sessions closed because several members wished to go home to attend to private business. Leg. Rec., MS., i. 130-72. ​

44 ECHEAmtfA S KULE -POLITICAL AFFAIRS.

chose the diputacion whose acts I have just recorded assembled in obedience to a proclamation issued by Echeandia on July 30, 1828, which not only ordered an election, but prescribed in detail the methods to be followed. 25 The primary object was to elect a mem-

25 Echeandia, Bando sobre Elecciones, 1S2S, MS. This document was in substance as follows: 1-2. Elections to be primary, or municipal; secondary, or of the partido; and tertiary, or territorial. Must be accompanied by pub lic prayers. 3-G. Primary juntas shall include all citizens over 18 years of age resident in the partidos. Sentenced criminals, men morally or physically incapable, vagabonds, and domestic servants were not voters. 7-9. Primary elections to be held on 3d Sunday in Aug. in plaza of the 4 presidios and 2 pueblos, presided by comandantes and alcaldes, in the morning after mass, a secretary and 2 inspectors being chosen. 10-12. Challenging voters, etc. 13. Municipal electors to be chosen as follows: 8 for S. Francisco; 5 for S. Jost^; 9 for Monterey; 7 for Sta Barbara; 7 for Los Angeles; and 13 (?) for S. Di ego. 14-15. Method of voting. The voter to repeat the names of his candi dates, to be written down by the sec. He may have the names on a list, which the secretary must read aloud. 16-17. The president to announce the result. A tie to be decided by lot. Each elector chosen to receive a copy of the acfa. 18-22. A candidate must be a citizen, etc.; 25 years old, or 21 if married; able to read and write; holding no office, civil, military, or ecclesias tical. Cannot excuse himself. No weapons at the election. No other busi ness to be done by the junta. 23-5. Secondary juntas, or partido elections, to be held on 1st Sunday in Sept., at same places as the primary; under same presiding officer; composed of the municipal electors before chosen. 2G-8. Three days before the election the electors meet and choose a secretary and 2 inspectors. Next day, credentials presented. Next day, report on creden tials. 29-32. Election by secret ballot. If no one has a majority, there must be a 2d ballot from the 2 highest candidates, a tie being decided by lot. Three votes at least required for election. 33-5. An elector de partido must have 5 years residence in the partido in addition to the other qualifications. (See 18-22.) Credentials, a 2ertified copy of the acta, given to the successful candidate, and also sent to the president of the territorial junta. 30-8. Ter tiary or territorial junta to consist of the G electores de partido, and to meet at S. Diego on 1st Sunday in Oct. being presided by the highest political authority present. 39-41. Preliminary meetings for 3 days, as in secondary elections. 42-G. Election first of a diputado, and then of a suplente. Method as before, except that the meeting must be with open doors, the voting viva voce, and 5 electors at least must take part. 47-52. Qualifi cations for a diputado to congress: 25 years of age, and two years of citizen ship in the state if not born in it; 8 years of citizenship, and an estate of $8,000 or income of $1,000, if not born in Mexican territory. Property qual ification not required of those born in Spanish America who have not joined another nation. Certain high oilicials debarred. 53-6. Method and form of credentials. 57. Tho day after this election of a congressman, the junta is to renew the territorial dip. by electing the new members required, in the same manner as before. 58. After the election, all officers, electors, and elect shall pass to the church, where shall be sung a solemn te deum of thanksgiving.

On pp. 125-30, in continuation of the preceding bando, there are partial records of the primary and secondary elections at the different places except S. Francisco. The electors who met at S. Diego were Miguel Gonzalez de Alava, for S. Jose"; Jose" Tiburcio Castro, for Monterey; Francisco Atanasio Cota, for Sta Barbara; Manuel Dominguez, for Los Angeles; and Agustin V. Zamorano, for S. Diego. Leg. 7, ec., MS., i. 126; Dept fiec., MS., vi. 107; Adas de Elecciones, MS., 6-7. In the last-named authority, the election of ​

ber of congress to take the place of Gervasio Argtie- llo for the term of 1820-30; and on Sunday, Octo ber 5th, Lieutenant Jose Joaquin Maitorena of Santa Barbara was chosen for the place, with Santiago Ar- giiello as substitute. This was a most extraordinary choice; for Maitorena, though honest enough and good-natured, was unreservedly given up to drunken ness, and had retained his place in the Santa Barbara company only because he had when sober some skill as an accountant. There were times, generally fol lowing illness and confinement in the calabozo, when, like Rip van Winkle, he swore off ; perhaps it was in one of these sober intervals that he was elected to con gress. But the honor was too much for the poor fel low. He was very drunk at Tepic, where he was the object of much ridicule; he seems not to have been in a condition to take his seat as diputado, and he died in Mexico about the time his term of office ex pired. 26

Maitorena by 3 votes and Arguello by 4 is recorded, as also in St. Pap., Sac., MS., xix. 48; Dcpt. St. Pap.,S. Jotf, MS., iv. 74; and Leg. Ucc., MS., i. 130. Echeandia s brmdo is also found in L ept. St. Pap., S. Jose, MS., iv. 55-71. Aug. ] st, E. orders comandautes and alcaldes to publish the bando. Dcpt. Ucc., MS., vi. 74. Nov. 1823, Jan. 1 829, E. orders Maitorena to start for Mexico. Id., vii. 70; vi. 128. June 25, 1820, Echeandia explains to minister of justice the arrangement of election districts, S. Gabriel and S. Fernando being joined to Los Angeles, and Sta Clara and Sta Cruz to S. Jose". /(/., vii. 23.

26 Jose" Joaquin Maitorena entered the military service as a soldado clistin- guido, his father having been an officer in 1800; came to Cal. in 1801 as cadet in the Sta Barbara company; was made alferez in 1SOG; and after several rec ommendations from governor and comandante he was finally promoted to be lieutenant of the company in 1827. Prov. St. Pap., MS., xxi. 58; Dcpt. lice., MS., v. 39, 121-2; Doc. 11 lit. Cal., MS., iv. C55-6. 1810-21, corrcsp. of Sola and Gucrra, with frequent mention of Maitorena s drunkenness, and the result ing troubles to his family as well as to the public service. Gucrra, Doc., MS., iii. 95-G, 101, 113; iv. 4, 10-19, and passim; Prov. St. Pap.. MS., xx. 110. From 1822 to 1827 little is said on the subject, and it is probable that Don Joaquin behaved himself better than before. His actions at Tepic, where he stayed two months on his way to Mexico, are described in a letter of Manuel Varcla, dated Tepic, Aug. 1, 1^29. Gucrra, Doc., MS., vi. 135-7. He was constantly intoxicated; attracted the attention of everybody by his foolish actions and re marks; was initiated into a mock lodge of masons; and had a ludicrous quarrel with the treasurer to whom he applied for money on account of his vidti :o*. Car los Carrillo, in a letter from Tepic of April 2, 1831, gives the remaining details of Maitorena s life as learned from Navarro, the member from Lower Cal. In Mexico he was rarely in his right mind, and was not deemed in a fit condition to take his seat, though his credentials were admitted, and part of his salary was paid. He died probably late in 1830 of apoplexy caused by his dissipa tion. Guerra, Doc., MS., iv. 199-200. The vagaries of this congressman are ​

46 ECHEANDf A S RULE POLITICAL AFFAIRS.

Thus California was not represented in the congress of 1829-30, for there is no evidence that Santiago Argiiello went to the national capital at all; yet the territory received some slight notice from the Mexican authorities. The minister of the treasury department included in his report some information respecting Californian finances, 27 which, so far as it is intelligible, will be utilized elsewhere. The military establishment was also honored with brief mention, and an ayudante inspector, an officer unknown in California since the time of Captain Soler, was sent to aid General Echean- di a, in the person of Lieutenant-colonel Jose Maria Padres, who came up from Loreto in the summer of 1830. 23 To supply another urgent need of the terri tory, where there were as yet no lawyers, the licenci- ado Rafael Gomez was sent to California as asesor, or legal adviser. He arrived about the same time as Padres, and took the oath of office at San Diego on August 18, 1830. 29 The political struggles, revolu-

also noticed in Alvarado, IIi*t. Col., MS., ii. 122-G; Fernandez, Cosasde CaL, MS., 35-7; VaHejo, Hist. CaL, MS., ii. 18-24. Alvarado attributes to him many good qualities, although admitting his faults. Maitorcna left some kind of a quarrel with Capt. Miguel Gonzalez, which both Gov. Victoria and Gov. Figucroa were ordered to investigate; but finally in 1834 Capt. Zam- orano suggested that, Maitorena being dead, the matter might as well be dropped. Dept. St. Pap., Ben. MIL, MS., Ixxiv.

27 Mexico, Mem. Hacienda, 1830, annexes 24, 33, 37, 41, 43, 44, 52, 50, 57, 04. Aug. 17, 1829, law imposing a forced loan on California with other ter ritories, and discounting salaries. Sept. 15th, decrees creating a fund for the war against Spain ; but exempting the troops of California from the discount on pay, on account of their position on an Indian frontier. Arrilla</a, Reco- pilaclon dc Leyes, 1S29, p. 214-23; 1831, 24-30, 48.

23 In Mexico, Mem. Guerra, 1830, annex. 1-3, the force in the Californias is given as 422 cavalry, supported at a cost of $131,440. Feb. 11, 1830, order to merge the S. Bias company into the regular presidial companies. Siqi. Govt, Si. Pa/i., MS., vi. 2. Arrival of Padres at S. Diego on the Leonor on July 1, 1830. Sttp. Govt St. Pap., MS., vi. 9; Carriilo (J.), Doc., MS., 27-8; Dept. St. Pap., Ben. M d., MS., Ixxii. 21.

29 Gomez s taking possession of the office. Dept. St. Pap., S. Jost, MS., iv. 01 ; Id., Moi/t,, vi. 0; /(/., Den. Mi ., Ixxii. 21, 42; Di>pt. Ucc., MS., viii. 92. He had a salary of $:>,000. The law creating the office seems to have been dated July or Aug. 29, 1829. In hu report of Jan. 1G31 the sec. of justice recommended that the asesor be made judge as well, with appeal to the near est circuit court instead of Mexico, on account of the great distance. Mexico, Mem. Juslicia, 1031, p. 7, annex 4. Mexico, Mem. Hacienda 1832, annex N. Oct. 12, 1829, Virmond from Mexico announces tho appointment of the fol lowing officers for California: Rafael Gonzalez, administrator of customs at Monterey; Manuel Jimeno Casarin, contador of custom-house; Francisco Perez ​

tions, and counter-revolutions for the presidency, be tween Gomez Pedraza, Guerrero, and Bustamante, in the years 1828-30, made no impression, in fact were hardly known, in California. 30 Other national meas ures, with a single exception, require no special atten tion. 31

The exception was in the matter of utilizing Cali fornia as a penal colony for Mexican criminals. A small number of convicts had arrived, as we have seen, in 1825, and now orders were issued to send them from all parts of the republic. 32 These instructions, which the Mexican authorities had the assurance to regard as a means for improving the morals of the convicts and for colonizing California, were much more promptly obeyed, it is safe to say, than if they had been calculated to benefit the territory; and within a year more than a hundred criminals had been sen tenced to presidio work in this northern Botany Bay. 33 Echeandia protested rather feebly, as soon as the news

Pacheco, comandante of the resguardoj and Lieut. Zamorano, promoted to captain. Guerra, Doc., MS., vi. 143.

30 Sept. 9, 1829, news of Pres. Guerrero s accession received. Depi. Uec., MS., vii. 222. Feb. 19, 1829, gov. forbids communication with Acapulco, and adhesion to the plan de Perote. Id., vii. 87. March 14th, communication reopened. Id., vii. 109.

31 Jan. 21, 1828, orders from Mexico circulated to send in bids for repairs on the public roads. May 21st, no bids. Echeandia, however, recommends the opening of a road to Sonora. and one from Sta Barbara to S. Diego. D< pt. Hec., MS., vi. 173; vii. 17. Jan. 30, 1829, minister of justice wants a list of ayuntamientos, jurisdictions, prisoners, etc. Sup. Govt St. Pap., MS., v. 1. Congress urged to give the Californias a form of government suited to their interests, since now the old Spanish laws prevail. Mexico, Mem. Rdacione*, 1829, p. 21.

3 2 April 29, 1829, secretary of justice issues a circular urging judges to sen tence criminals to California presidios instead of Vcra Cruz. Order trans mitted by secretary of war. May 9th, further orders to governors of different states about forwarding convicts. Arrillaga, fifcop., 1829, p. G7-9. Oct. 21st, sec. of war to comandante of Acapulco. The govt will send to Cal. the fami lies of such convicts as may desire it. Id., p. 209-70. March 22d, the govt expects improvement in the morals of the convicts, is preparing a regulation for their management, and to give them the means of earning an honest liv ing, forwarding their families, etc. Mexico, Mem. Justicia, 1SUO, p. 13, 19-20.

33 1 have before me the records of sentence of very many of these criminals, with name, place, date, and crime, in Vallcjo, Doc., MS., xxix. 40S-SO; St. Pap., Den., MS., i. 82-9; De.pt. St. Pap., Ben. Mil., MS., Ixxx. 12-13; Id., Ben. Oust. -II., MS., iv. 484-5. List of 80 convicts brought to Cal. on the Maria Ester, with full particulars, in St. Pa ,.,Bcn., MS., i. 8G-9; Deft. St. Pap., Ben. MIL, MS., Ixxii. 19. List of GO convicts sentenced to California before Dec. 1829. Vallejo, Doc., MS., xxxi. So; St. Pap., Sac., MS., xi. 10-12. ​

48 ECHEANDfA S RULE POLITICAL AFFAIRS.

came, in September 1829, against the sending of any but useful convicts, since California had no jails, and the local government could be responsible neither for the safety of the criminals nor for the morals of the community thus exposed to contamination. 34 Of course this had no effect; and in February 1830 the Maria Ester brought up about eighty of the unwel come colonists from Acapulco to San Diego. Cap tain Holmes was not allowed to land them in the governor s absence, and went on to Santa Barbara in March. A sergeant and twelve soldiers were in charge of the convicts. 35

How to dispose of the new-comers was a question of much perplexity. Nobody wanted anything to do with them; and a month passed before any decision was reached, perhaps before they were landed at all; and then, late in April, thirty of the worst of them, and probably many more, were sent over to Santa Cruz Island with a supply of cattle and fish-hooks to get a living as best as they could; while the rest were set to work for private employers in the region of Santa Barbara and Los Angeles. 36 Protests were re-

34 Sept. 18, 1829, E. to sup. govt. Dept. Ilex., MS., vii. 38-40. In Doc. Hist. Cat., MS., iv. 897, I find an unsigned document dated Mexico, April 23, 1830, purporting to be addressed by the diputado of Cal. to the sup. govt, in which the writer protests against the sending of convicts. If there is no error, this would indicate that Maitorena did make at least one honest effort to serve his constituents.

35 The Maria Etcr left Acapulco Dec. 19th, touched at S. Bias and S. Lucas, and lost one convict on the voyage. The exact number varies from 77 to 83 in different documents. The Enriqueta was reported to be coming with more- convicts. Dept. St. Pap., MS., ii. 133; Id., Cust.-H., i. 32-3; Id., Ben. Cast.- If., in. 55-6; Dept. Rcc., MS., viii. 25, 28, 50.

30 Com. Carrillo s letters to the governor about landing the convicts on Sta Rosa Island in March-Apr. 1830. Dept. St. Pap., Ben. Mil., MS., Ixxxviii. 1-3. April 23d, the Maria Ester sailed for Sta Cruz Island with 31 of the number, the missions furnishing some tools, cattle, hooks, and a little grain. Car.rillo (J. ), Dor. , MS. , 22. March 18th, Echeandia to comandante of Monte rey from S. Luis Obispo, explaining his plan to send apparently all the convicts to the islands. Dept. Rec., MS., viii. 29-32. Mrs. Ord, Ocnrrencias, MS., 25-7, says the convicts were in a naked and very filthy condition on their arrival. Capt. Guerra furnished them with clothing, made a speech encouraging them to good conduct, and personally employed 8 or 10. At the islands a fire soon destroyed all they had, and after a time, getting no relief, they built rafts, and all camo over to the main, landing at Carpinterfa. The narrator says that as a rule they became very good people. Nov. 2d, 13 of those sent to the island had returned and presented themselves to the coman- dante. Dept. Rec., MS., viii. 122. ​

ceived from all directions; and at Monterey a meeting was held in May to pass formal resolutions and appoint a committee to wait on the gefe politico, and urge the importance of sending the convicts back on the same ship that brought them. 37 The diputacion passed resolutions of similar purport in August, as has been noted in the legislative records; but meanwhile, in July, there had arrived the Leonor, Captain Fitch, with fifty more convicts, about whom we have less information than in the case of the first company. 33 With few exceptions, no attempt was made to con fine the criminals; but they were distributed through the territory to earn their living under a surveillance of the local authorities, more nominal than real. A few escaped across the frontier; and of those who served out their time, a large part remained perma nently in California, where some were the founders of respectable families. 39

The sending of the convicts and the resulting dis cussions doubtless had an effect to embitter the feeling that was beginning to exist between Californians and Mexicans, particularly at Monterey, where the quar rel between Gonzalez and Estrada had originated a sentiment of hostility which outlasted the Mexican power in California. At the celebration of the inde pendence on September 16, 1830, a free fight is said to

37 May 1, 1830, resolutions signed by Juan Malarin, Mariano Soberanes, Jos< Castro, Antonio Osio, Juan B. Alvarado, Abel Stearns, Juan Cooper, David Spence, and Wm Hartnell. 10 articles subsequently approved by Echeandia. Dept. St. Pap., S. Jose., MS., v. 34-5. May 30th, alcalde (?) of Monterey to governor, speaks of the excitement caused by the arrival, the greater because of the part taken by convicts in the Solis revolt; and begs in the name of the citizens that they be not permitted to land. St. Pap., Sac., MS., x. 89-90.

38 July 21, 1830, arrival of the Leonor at S. Diego, where 23 of the convicts remained. Dept. St. Pap., Ben. Oust.- II. , MS., iii. 54; Dept. Rec., MS., viii. 83. In the Atleta, Apr. 1, 1830, it is stated that Gen. Berdejo levied a tax of $3 on such presidiarios as wished for freedom, and many destined for California were set at liberty.

39 According to Vallejo, Hist. Cal, MS., ii. 69-73, Echeandia excused the Mex. govt for sending convicts, on the ground of ignorance. El Gobierno ignoraba que existiesen familias decentes y de educacion en la peninsula, he said to Lieut. Sanchez. A squad of soldiers came as a guard of this last as of the first convict band. These soldiers seem to have been sent back to the south soon. Alf. Antonio Nieto commanded the last squad. ​

have taken place in the governor s house between the native-born youth of the capital and los de la otra banda, Juan B. Alvarado and Rodrigo del Pliego play- ino* the leadino* roles, and the occasion beinsf an insult-

O O * O

ing toast by Pliego. Later in the year, as the records show, Jose Castro was arrested on a charge of posting pasquinades and of publicly expressing his patriotic contempt for the Mexicans. 40

On Octobers, 1830, fivepartido electors, chosen by the process already described, met at Monterey in ac cordance with Echeandia s proclamation of August 1st, and elected Carlos A. Carrillo as diputado to congress for 1831-2, with Juan Bandini as substitute, Jose Antonio Carrillo and Agustin Zamorano being the defeated candidates. Next day, the 4th, they chose three new members, as required by law, to com plete the territorial diputacion, with the same number of suplentes. The services of the officers thus chosen belong to the annals of another decade. 41

40 Carrillo (J.), Doc., MS., 30-1; Alvarado, Hist. Cat., MS., ii. 116; iii. 8- 1 1 ; Vallejo, Hist. Cal. , MS., ii. 1 13-15. Incomplete record of proceedings in the Castro case. Dept. St. Pap., Ben. Mil., MS., Ixxi. 60-6. On another occasion, according to Alvarado, Jos6 Castro slapped Pliego s face in return for insulting remarks on the lack of education among the Californians.

41 July 12, 1830, Mexico, Reylas para las clecciones de Diputados y de Ayunta- mientos, del distrUo y territorios de la Republica, 1830. Printed copy from de partment of the interior in Vallejo, Doc., MS., xxx. 99; also in Arrillaga, Re- cop., 1830, p. 253-63. Much of this law relates more particularly to the city of Mexico, its blocks, wards, etc.; but in so far as it applies to California, it does not differ materially from the regulations given in Echeandia s bando of 1828. Oct. 3, 1830, certificate of the election of Carrillo and Bandini, signed by Echeandia and by the electors, who were: Domingo Carrillo, of Sta Bdr- bara; Juan Maria Osuna, of S. Diego; Jos6 Antonio Carrillo, of Los Angeles; Jose" Pena, of S. Francisco; and Juan Malarin, of Monterey. Tho document was also signed by the alcalde of Monterey, and by Francisco Pacheco and Antonio Buelna as witnesses. Doc. Hist. Cal., MS., i. 57. Names of electors also in Actas de Etecciones, MS., 9-10; Luis Peralta, fromS. Jose", was rejected for want of proper credentials. Notice of Carrillo s election in Carrillo (J.), Doc., MS., 31; Dept. Rec., MS., viii. 104. Record of municipal or primary elec tions at S. Francisco Aug. loth; 9 electors chosen. Vallejo, Doc., MS., i. 6; at Los Angeles, same date, Lo* Angeles, Ayunt. Rec., MS., 6; at S. Diego, Aug. 22d, 13 electors chosen. It is difficult to account for the large number m comparison with other places. 8. Die;jo, Arch., MS., 16-17. The three vo- cales of the dip. chosen Oct. 4th to take the place of retiring members were Mariano G. Vailejo, 5th; Joaquin Ortega, 6th; Antonio Maria Osio, 7th. Su plentes: Francisco de Haro, 1st; Tomas Yorba, 2d; and Santiago Arguello, 3d. Actas de Elections, MS., 11; Dept. Rec., MS., viii. 104. Oct. 7th, gov. notifies Vallejo of his election. Vallcjo, Doc., MS., i. 7. ​

From 1827 to 1829 the national government issued a long and somewhat complicated series of laws and regulations on the expulsion of all Spaniards from Mexican territory, the principal laws being those of December 20, 1827, and March 20, 1829. 42 By the terms of the former, the classes exempt from expul sion were quite numerous, including those Spaniards physically disabled, those over sixty years old, such as were married to Mexican wives or had children not Spaniards, professors of useful arts and sciences, and all who had rendered special services to the cause of independence, or who had manifested great affec tion for that cause. Such by taking the oath of allegiance might remain. The chief application of this law in California was of course to the friars, of whom I shall speak separately; but there were also other Spaniards in the territory. Echeandia seems to have interpreted the law, or instructions that may have been sent with it, to mean simply that resident Spaniards were to be reported and required to take the oath. Corresponding orders were issued and lists were sent to Mexico in 1828. 43

42 Arrillaga, JRecop., 1828-31, passim. Law of 1827 in Id., 1828, p. 100- 7; Law of 1829 in Id., 1831, p. 224-6. See also Sup. Govt St. Pap., MS., v. 2-5; xix. 44-54; J)ept. St. Pap., MS., v. 23; Vallejo, Doc., MS., xxxi. 5; Dlspos. VariaH, ii. 55.

13 Espaiioks, Relation de tos Jfi/itnres Espanoles, que han prestado jura- mento, con expresion de sus closes, edades, servicios, etc., 1S2S, MS. This list was forwarded by Echeandia to the minister of war on Dec. Gth, and contains the following names: Capt. Jose Maria Estudillo; Capt. Jos6 Bandini; Padre Antonio Menendez; Lieut. Narciso Fabregat; Capt. Jose" de la Guerra y Noriega; Manuel Gutierrez, ranchero and capitalist, 82 years old, 40 years in Cal.; Vicente Cane, one of the Asia s men; Juan Mariner, retired artillery man with rank of lieut. over GO 33 years in Cal.; Manuel Gutierrez, 45 years, 7 in Cal. ; Francisco Caceres, 3G years, 1 1 in Cal. ; Jose Amesti, 30 years, 7 in Cal. ; Estovan Munras, 39 years, 8 in Cal. ; Antonio Suflol, 35 years, 12 in Cal.; Ramon Espindola, artilleryman, 60 years; Antonio Pefia, artilleryman, 50 years; Francisco Garcia, invalido, 60 years; Joaquin de la Torre, 44 years, 25 in Cal.; Francisco Cayuelas, 80 years; Jaime Monyii, one of the Asia s men; as were also Manuel Fogo and Salvador Garcia; Jose" Fernandez, 25 years, 11 in Cal.; Luis Castro, deserter from the Aquiles; as were also Jose Nadal, Francisco Fernandez, Francisco Filibert, Ramon Obes, sergt., Pablo Sobradelas, and J. M. Iglesias, trader; Miguel Culebras, trader; Rafael Romero, 30 years, suspected thief; Juan Ign. Mancisidor, 40 years, supercargo; Antonio Jose" Cot, already embarked; Francisco Martinez, has passport; P. Luis Martinez, has passport. Contrary to the indication in the title, many of those named had not taken the oath, bu$ had been ordered to ​

14

The law of 1829 was more stringent than that of

1827, which it annulled, ordering the immediate ex pulsion of all Spaniards except those physically inca pable of departure and those who were sons of Amer ican-born parents. I find nothing in the law indicative of any favor to such as had sworn allegiance; but so it was evidently understood in California, where it was promulgated in July. Nine men, nearly all deserters from the Aquiles, were selected for exile, two of whom, however, were allowed after all to remain; while all the rest on different pretexts, chiefly of infirmity and addic tion to the republican cause, were deemed exempt. Another branch of this national proscription was the decree of May 10, 1827, debarring Spaniards from holding any office or public employment until Spain should recognize the independence of Mexico. Some soldiers were discharged, and the officers Guerra, Es-

do so. There are several documents relating to different individuals of those named above in Dept. Rec., MS., vi. 72, 95, 125-G, 153; vii. 204, 209; Dept. St. Pap., MS., xix. 6-8, 19, 22, 45; St. Pap., Ben., MS., i. 73-5. Nov. 22d,

1828, Echeandia orders investigation of an insult offered to the national flag on Sept. 10th; also outrages to old Spaniards. Dept. Rec., MS., vi. 136. Dec. 1828, Valencia arrested for saying that neither he nor Maitorena nor the vecinos of Sta Bdrbara had sworn to the independence. Dept. St. Pap., Ben. Pref. y Jusg., MS., iii. 60. Dec. 14, 1827, R. C. Wyllie writes from Mazatlan to Hartnell that all the states are expelling Spaniards. Vallejo, Doc., MS. xxix. 182. May 9, 1829, Echeandia orders arrest of a Spanish deserter who had forfeited his right to remain by serving two years under a foreign flag. Dept. Rec., MS., vii. 156. May 30, 1829, J. M. Padre s wrote to the sup. govt, attributing the evils in Cal. to Spanish ideas, and complaining that the law on expulsion had not beeu executed. Oct. 6, 1830, Minister Alaman writes to the gov. for an explanation. Sup. Govt St. Pap., MS., vi. 10-11.

"July 6, 1830, Echeandia proclaims the law of March 20, 1829. Dept Rec., MS., viii. 190 1. July 24th, E. orders passports for the 6: Culebras, Obes, Sobradelas, Francisco Fernandez, Iglesias, and Nadal. Id., MS., vii. 208. Mancisidor was added to the list. The two exempted were Luis Castro, 60 years old; and Francisco Galindo, having a family (not in Echeandfa s list). Aug. llth, governor s report to minister of relations. St. Pap., Sac., MS., x. 42-6. List of the nine at first deemed liable to expulsion. Dept. St. Pap., Ben. Mil., MS., Ixix. 29-30. List of nine Spaniards who ask to remain, mostly on the ground of infirmity. Munras, however, simply wants an ex tension of time. Dept. St. Pap., MS., xix. 11-14. Aug., 2 Spaniards at S. Francisco; 2 at Los Angeles; and 10 at S. Diego. Id., xix. 1-2, 19. Nov. 3d, list sent by gov. to Mexico of 12 who have claimed exemption. They were: Gutierrez (2), Fabregat, Garcia (2), Suiiol, Torre, Amesti, Munras, Fog6 (or Fogue), Jose" Fernandez, and Luis Castro. St. Pap., Sac., MS., x. 49-52. Culebras asked for a passport to Ross, but was refused. Dept. Rec., MS. ​, vii.

tudillo, and Fabregat were suspended for a time, though by decree of the president they received half- pay quite as good as full pay in those days. 45 Yet another phase of the feeling against Spain was the patriotic alarm and enthusiasm caused by the report that a Spanish pirate was cruising on the coast. " The time has come to show once more to the uni verse that before submitting to Spanish rule we will repose in the sepulchre," was the way the governor put it. 46

Returning finally to Echeandia, and to matters more closely connected with the governorship, we note that from the beginning of 1827 he had insisted more and more earnestly in his communications to the supreme government on certain reforms and on further assist ance to himself and the territory. He demanded a subordinate gefe politico for Lower California; an ayudante inspector, who might assume the command in case of his illness or death; additional clerical aid, or the funds with which to procure such aid; more military officers and troops, priests, war- vessels, judges, and above all, money and improved financial manage ment. And if such aid could not be afforded, he re peatedly asked to be relieved from his command. 47

Some of his requests were granted. Jose Maria

45 Decree of May 10, 1827. Dept. St. Pap., Aug., MS., ix. 3. Half-pay order, Oct. 1829. Id., Ben. Com., and Treas., MS., ii. 7; Dept. Sf. Pap., Ben. Mil., MS., Ixxix. 13. Guerra and others suspended. St. Pap., Sac., MS., x. 67; Orel, Ocurrendas, MS., 18. Sept. 3, 1829, discharge of soldiers ordered by Echeandia. Dept. Rec., MS., vii. 220. July 15th, a soldier at Sta Barbara discharged. Dept. St. Pap., Ben. Mil, MS., Ixx. 16. Casares, or Caceres, one of the Spaniards sent away, was a regidor of Monterey. Dept. Rec., MS., vi. 171.

^Dept. Rec., MS., vi. 94, 197, 264-6; vii. 83, 254. The pirate was re ported to be the Grieyo, Capt. Juan de Mata; and the alarm lasted more or less from 1828 to 1830. The orders in 1828 were, however, that Spanish cap tains, supercargoes, pilots, etc., of vessels belonging to neutral nations were to be allowed to transact tueir regular business at the ports, but must be watched and not admitted to the interior. Dept. St. Pap., Ben. Com. and Treas., MS., i. 105.

47 Jan. 9, May 25, Oct. 17, 19, Nov. 7, 1827; Oct. 20, 1828; Aug. 11, 1829, E. to different national departments, complaining of difficulties, asking relief, and, particularly on Nov. 7, 1827, offering his resignation. Dept. bt. Pap., MS., ii. 44; Dept. Rec., MS., v. 125-6, 131, 133; St. Pap., Sac., MS., x. 40-1, 44-5. ​

54 ECHEANDlA S RULE-POLITICAL AFFAIRS.

Padres and Rafael Gomez were sent to California as ayudante inspector and asesor, respectively. 48 The military command of Lower California was detached in the middle of 1829 and joined to the comandancia general of Sonora; 49 and about the same time Colonel Antonio Garcia was appointed to succeed Echeandia in the governorship. 50 For reasons that I suppose to have been connected with Bustam ante s accession to the presidency in January 1830, Garcia did not come to take possession of his office; and on March 8th Lieut. -colonel Manuel Victoria was made gefe politico of Alta California, the gefatura politico, of the peninsula being now detached as the mando militar had been before, so that now the two territories were again distinct. 51 Victoria had been previously for a time comandante principal of Lower California; he came up from Loreto by land, arriving at San Diego perhaps in December 1830; but he did not take pos session of his office until the next year. Meanwhile in these last years Echeandia was busied chiefly with mission affairs and commercial matters. He had been

• 8 Padre s had been comandante at Loreto and sub-gefe politico of Lower

California. I find no record showing the date of his appointment as ayudante inspector; but in Feb. 1829 he seems to have been made sec. of the comandante general. Sup. Govt St. Pap., MS., v. 1; and in July 1828 was ordered to assume the command in Echeandia s place. Id., vi. 9. Apr. 3, 1829, Rafael Velez was approved as secretary of the comandancia, instead of Padre s, but he never came. Id., v. 3.

49 June 1, 1829, gov. announces this change. The two territories were still subject in civil matters to the same gefe politico. Dept. St. Pap., Ben. J/^.,MS.,lxix.2.

60 Feb. 17, 1829, Moctezuma to Echeandia. Orders him to deliver the command to Garcia. Sup. Govt St. Pap., MS., vi. 2. May 1st, Gervasio Argiiello writes from Guadalajara that Garcia has been appointed comandante general. G/ierra, Doc. , MS., v. 227. June 8th, Moctezuma to Garcia. Ves sels are ready to take him to California, and the president desires him to sail at once. Sup. Govt St. Pap., MS., v. 11. July 17, 1828, Echeandia had been ordered to give up the command to Padre s and proceed to Mexico. Id. , vi. 9. Doubtless the political changes in Mexico had much to do with these successive and confusing orders. The records of this period are moreover very incomplete.

61 March 8, 1830, Victoria s appointment. March llth, Minister Facio to Echeandia, ordering him to surrender the gefatura of California to Victoria, and of Lower California to Monterde. Sup. Govt St. Pap., MS., vi. 6-7. March 6, 1830, Capts. Juan Zamora, Juan Aguayo, Ger6nimo Hernandez, and Luciano Mufioz; Lieut. Leonardo Diez Barroso, and Alf. Mariano Crecero have been destined to California. Id., vi. 5-6. ​

more cordially received in the north in 1830 than at the time of his former visit; and except among the padres and their adherents, he had gained considerably in popularity/"

52

52 Gonzalez, Exper/encias, MS., 26-7, describes his formal reception at Sta Barbara by the ayuntamiento. Alvarado, Hist. Cat., MS., ii. 156-7, says his reception at the capital was enthusiastic, Lieut Estrada making for all the citizens a speech of reconciliation, and the governor joining most heartily in the ensuing festivities. ​

CHAPTER III.

ECHEANDlA AND HERRERA FINANCE THE SOLIS REYOLT.

1826-1830.

HABD-TIMES ITEMS AID FROM MEXICO THE REVENUES COMISARIO AND HABILITADOS SECRET INVESTIGATION SUSPENSION AND RESIGNATION ESTRADA, VALLEJO, AND JIMESO CASARIN AS ADMINISTRATORS RE VOLT OF 1828 REVOLT OF 1829 CAUSES MONTEREY TAKEN JOAQUIN SOLIS PLAN OF NOVEMBER 15TH ARGUELLO DECLINES TE COMMAND SOLIS MARCHES SOUTH ECHEANDIA S PREPARATIONS REVOLT AT SANTA BARBARA BLOODLESS BATTLES OF Dos PUEBLOS AND CIENEGUITA RE TREAT OF SOLIS RETAKING OF THE CAPITAL A VILA CAPTURES SOLIS TRIAL THE SPANISH FLAG BANISHMENT OF HERRERA AND TWENTY CONSPIRATORS FINANCIAL AFFAIRS IN 1829-30.

IT is not my purpose to present financial statistics in this chapter. Only fragments survive to be pre sented anywhere, and these will receive such slight attention as they require, in connection with local pre sidio annals, commercial topics, and general remarks on the subject of ways and means for the whole decade. Here I have to speak of the management, or mismanagement, of the territorial revenues, of the insufficiency of those revenues, as administered, to pay the soldiers or other employees of the govern ment, and of the resulting destitution, discontent, and finally revolt.

There is little or nothing that is new to the reader to be said of the prevalent destitution in these years, a destitution which oppressed only the troops. 1 The

1 Complaints are not very numerous in the archives, since the uselessness of writing on the subject had been learned by long experience. The follow ing minor items on this topic are perhaps worth preservation: 1826, Echean- dia s complaints about the suspension of officers pay. Only those officers who ​

(66)

rancheros and pobladores were at least as well off as in earlier Spanish times, the improved market for their produce afforded by the trading fleet counterbalancing the heavy duties that were now exacted. Few if any of these classes seem to have made an effort to do more than support themselves and families; and this, save to the incorrigibly lazy, was an easy task. The lands produced food both for the owners and for the Indian laborers who did most of the work; while the natural increase of their herds furnished hides and. tallow more than enough to be bartered with the agents of Hartnell or Gale for groceries, implements, and clothing. So far as the records show, they did not even deem it worth their while to complain of excessive duties and consequent high prices.

For the support of the military establishment and to defray other expenses, the only resources were the duties collected on imports and exports or the taxes on production, which practically took the place of the latter the chief source of revenue, but one liable to considerable variation; contributions exacted from the missions as gifts, loans, sales on credit, or special taxes, given by the padres more and more grudgingly as the years passed by; and finally the supplies furnished di-

came with him to Cal. are paid, and there is much discontent among the others. St. Pap., Sac., MS., xix. 32-4. Complaints heard by Beechey of non payment of dues, and of excessive duties which greatly increased prices. Beechey s Voy., ii. 10. March 30, 1826, petition of soldiers, alleging that they were getting la radon, nada mas, as in years past, notwithstanding the promises of the govt. Repeated June 7th. Dept. St. Pap., Ben. Mil., MS., Ivii. 13. April 30th, no funds to furnish $400 for the celebration of a great national event. Id., Ivii. 14. Hartnell lent the comisaria 2G4 cattle, which in 1839 had not been repaid. Dept. St. Pap., Ben. Com. and Treas., MS., iv. 59. 1827, Feb. 1st, comisario has no funds to supply blankets; great want of money and food; impossible to get a loan. Id., i. 79. Feb. 5th, gov. lends $600 in view of the urgent needs of the soldiers. Dept. Rec., MS., v. 21. July 5th, complaint that S. Bias company do not get their share of supplies. Id., v. 58. Nov. 21st, decree of national govt on a loan, part of which is to go to the relief of California. Sup. Govt St. Pap., MS., xx. 8. 1828, March 3d, troops naked and in great want. Could get no part of their dues. Dept. St. Pap., Ben. Mil., MS., Ixvi. 68. Same date, gov. tells com. gen. that no supplies have been sent from Mexico for a considerable time! Dept. Rec., vi. 7. March 10th, eight soldiers at Monterey granted leave of absence to go and earn their living for 3 months, for want of funds at Monterey. Dept. St. Pap., Ben. Mil, MS., Ixvi. 24-5. ​

58 ECHEANDf A AND HERRERA THE SOLIS REVOLT.

rectly or indirectly by Mexico that is, the $22,000 sent in 1825, possibly one or two small amounts sent later, and a few drafts on the national treasury which in one way or another foreign or resident traders were induced to accept as security for loans or in payment for goods supplied. 2 Theoretically, the national treas ury should have paid the territorial expenses and re ceived the net product of the territorial revenue; but practically, the territory was left to pay its own ex penses, nominally about $130,000 a year, always ex cepting the small amounts furnished as before specified, and a considerable supply of very bad tobacco. To estimate the actual revenue with any approach to ac curacy would probably have been wellnigh impossi ble at the time, 3 and is entirely so now. Fully col lected and honestly administered, the total revenue could hardly have amounted to one half the nominal expenditure; and indications are not wanting that a considerable portion was lost to the troops through smuggling operations and the rascality of officials. Moreover, there were charges of partiality and injus tice in the final distribution of the net product, cer-

2 On the $22,000, see chap. L, this vol. At the same time $12,000 was or dered paid in favor of California through the comisario general at Arizpe; but I find no evidence that any part of the sum was ever paid. July 1826, record that $3, 000 was sent to Cal. by the Sirena from the sup. govt. Sup. Govt St. Pap., MS., iii. 6. In Jan. 1829, Enrique Virmond seems to have accepted drafts from the presidial comandantes to the amount of about $5,000 for goods supplied from the Maria Enter; and again in Dec. he supplied the same amount in goods and silver coin. Dept. Rec., MS., vi. 1, 153, 1G8, 176. Virmond had exceptional facilities for getting his claims allowed by Mexican officials, and he probably lost nothing. Nov. 11, 1828, M. G. Vallejo author ized to borrow $500 payable on sight, or 15 days after sight of draft ! Vallejo, Doc., MS., i. 1GO. According to Mexico, Mem. Hacienda, 1830, annex. 33, the govt of Cal. had borrowed 7,262, of which sum $1,564 had been repaid down to June 29th. Hartnell also lent the govt $7, 100 in 1827; the draft signed by Herrera was not accepted in Mexico, on account of some alleged ir regularity; and on Nov. 20, 1830, Hartnell petitions the gov. on the subject. Vallejo, Doc., MS., xxx. 154.

3 Feb. 19, 1830, gov. informs the comisario general that commerce, car ried on by a peculiar system, authorized by force of circumstances in Cal., yielded barely two fifths of the expenses; while mission contributions, by dint of constant requisitions and annoyances, yielded not more than one fifth of the deficit. Dept. Rec., MS., viii. 72. The revenue obtained from vessels is insuffi cient for garrison expenses; therefore, the missions advance grain and cattle, and the nation assumes the debt. Bandini s letter of 1828 in Bandini, Doc., MS., 8. ​

SUB-COMISARIO AND HABILITADOS. 59

tain presidios, and certain classes of troops, being fa vored or slighted.

During the Spanish rule, and the interregnum that followed, the provincial finances had been managed for the most part honestly, if not always with great skill, so far as accounts were concerned by the habil- itados of the respective companies, one of whom in the later days had been named administrator, with very little authority over the others. On the estab lishment of the republic, Herrera had been sent, as we have seen, in 1825, as comisario to take charge of the territorial finances as a subordinate of the comis ario general of the western states Sonora and Sin- aloa. The instructions to Herrera are not extant; but it is evident from subsequent communications of himself and his superiors that he had exclusive con trol of the treasury department, and was indepen dent of the gefe politico, except that like any other citizen he was within the civil and criminal jurisdic tion of that officer. The habilitados, the only per sons in the territory qualified for the task, served as Herrera s subordinates for the collection of revenue at the presidios, so that locally there was no change. Whether the comisario appointed them voluntarily or in obedience to his instructions does not appear; but their duty was simply to collect the revenues and pay them over to Herrera, their duty as company paymasters in disbursing funds subsequently re-ob tained from the comisaria being a distinct matter.

Naturally the habilitados were jealous from the first of the authority exercised by their new master, and were displeased at every innovation on the old method under Estrada s administration. Moreover, Herrera was a stranger, and worse yet a Mexican, being therefore liable to distrust as not properly appreciative of Californian ways. He was also a friend and relative of Captain Gonzalez, and involved to some extent in the quarrel between that officer and Estrada, which circumstance contributed not a ​

CO ECHEANDIA AND HERRERA THE SOLIS REVOLT.

little to his unpopularity. A quarrel resulted, the details of which it is neither desirable nor possible to follow closely. What were the relations between Herrera and Echeandia before they left Mexico, I do not know; but after their arrival in California there could hardly fail to be jealousy, especially on Eche- andia s part; and at any rate, the latter soon became leader in the opposition to the comisario. I append some items from the correspondence of the times. 4

Herrera was an intelligent and able man; his acts were approved by his superior officer; and I find in contemporary documents no proof of irregularities or unfaithfulness in his official conduct; though it would perhaps be presumptuous to found on the im perfect record an opinion that he acted wisely or

4 March 3, 1826, com. gen. to Herrera. Reproves him for not sending accounts so that the great necessity of the troops might be known and re lieved. Dept, tit. Pap., Ben. Com. and Treas., MS., i. 22. March 23th, Id. to Id., announces that all claims of Cal. may be presented at the comisaria. Id., ii. 17. April 7th, H. to Echeandia. Charges that Lieut. Estudillofor ajustrep^ rimand becomes abusive. Id., i. 41-2. May llth, E. orders that all amounts due the treasury be paid at the comisario s office. Dept. Itec., MS., iv. 37. June 27th, H. to E. Wishes to know why he is not recognized as gefe de hacienda; measures have been ordered without his consent or knowledge. He wishes E. to define his own position, so that he, H., may be freed from his burdens and report to the supreme government. Dept. St. Pap., MS., i. 136. July llth, H. to E. Defence of the practice of allowing vessels to touch at way points. Dept. St. Pap., Ben. Mil., MS., i. 42-7. Sept. llth, com. gen. to E. Asks him to order habilitados to send in their accounts to Herrera in two months, or he will appeal to Mexico. Reprimands him for exceeding his powers, using funds without Herrera s permission, treating H. as a subordinate and not as the gefe of all treasury branches, and not obeying the laws. Threatens to withdraw the comisario altogether if E. does not mend his ways. Accuses him of prevent ing the execution of Herrera s decree on the payment of duties, without au thority to do so. H. was under no obligation to submit his orders or those of his superior to the gefe politico. Watch also over those friars with their Spanish ideas. The comisario must be supported, not opposed. In the ap pointment of a sub-comisario at Loreto, E. had also usurped authority. I can not permit you thus to interfere. The power of appointment rests exclu sively with H. as my subordinate. H. was not to be blamed for reporting these tilings, since he had positive orders to do so. Id. , i. 23-34. Oct. 16th, H. to E. on the details of business, explaining his efforts to get along with an insufficient revenue. Complains of habilitados for not rendering accounts, and for drawing drafts on him when they knew lie had no money. Protests against paying one company more than another; and claims that in case of urgent need the soldiers should be preferred to officials. Id., i. 56-60. Dec. 1st, H. com plains that his orders are disregarded, and that Estrada refuses to render ac counts. Repeats the complaint a little later, with threats to report to Mex-

. Dec. 27th, 30th, orders from Mexico requiring half the revenues to be

ico

remitted to the national treasury! and that regular accounts be sent for pub lication in the Gazeta of Guadalajara. Id., i. 72-3, 89​91, 14.

honestly throughout the quarrel, especially in opposi tion to the statements of several Californians who remember the controversy. 5 It is my opinion, how ever, that the class of Californians represented by Alvarado, Osio, and Vallejo look at Herrera s acts through the colored glasses of political prejudice; and that among other classes the comisario was by no means unpopular.

In April 1827 Echeandia ordered a secret investi gation of Herrera s administration, to be conducted by Zamorano. The proceedings were begun at San Diego the 30th of April, and afterwards continued at Mon terey and Los Angeles in May and June. The main charge was that the comisario had, on his way to California, invested a portion of the $22,000 of terri torial funds intrusted to his care in effects to be sold for his own account and profit, though it was not claimed apparently that there was any deficit in his accounts, or that the money thus improperly used had not been refunded. 6 Zamorano as fiscal reported the

5 No one has anything to say in Herrera s favor. Alvarado, Hist. Ccd. , MS. , ii. 111-17, 132-40, is especially bitter in his criticism, charging H. with dishonesty, embezzlement, conspiracy, usurpation, insolence, and pretty much everything that was bad. Osio, Hist. C aL, MS., 122-3, is hardly lose severe. Vallejo, Hist. CaL, MS., ii. G2-3, tells us that H. did nothing but conspire and make trouble. J. J. Vallejo, Jteminis., MS., 91-2, represents II. as intriguing with the support of the padres to unseat Echeandia and put himself in power. Duhaut-Ciily, Viar/yio, i. 282-6, describes the quarrel without attaching much blame to Herrera; and it is to be noted that Mrs. Orel, one of the clearest-headed Calif ornian writers, personally friendly to Echeandia, ex presses no opinion on the merits of the parties to this quarrel. Ocurrencias. MS., 20-1.

6 Herrera, Causa contra el Comisario Sub- Principal de Calif ornias, Jos6 Maria Herrera, 1827, MS. ; also an abridged record in the archives. Capt. Guerra testified that of the 22,000 the Sta B. Co. had got only $3,600; knew not what had become of the rest; had heard that the money was landed at S. Bias, and only a part reshipped with goods supposed to have been purchased with that money. Maitorena had heard of the investment of public funds, and had seen in the possession of Luis Bringas certain bales of goods., which he judged to be the ones bought by H. In a letter of later date, jJBffiorena attempts to show some irregularities in the collection of duties fromi^ppJVi/e, in 1825. Juan Bandini reserved his formal testimony until the matter should come before the diputacion; but declared it to be a matter of public notoriety that H. had misapplied the public funds. Alf. Romualdo Pacheco noticed at S. Bias that only $6,500 of the $22,000 was reshipped, and was told by J. M. Padre s that H. had invested the balance in goods, having admitted a3 much to him, Padre s. It was a notorious fact that Bringas had sold the goods at the presidios, towns, and missions of Cal. Alf. Juan Jos6 Kocha confirmed ​

62 ECHEANDIA AND HERRERA-THE SOLIS REVOLT.

charge well founded; and it must be admitted that the testimony against the comisario, though for the most part weak, furnished some grounds for suspicion and nothing stronger under the circumstances that certain packages of goods had been purchased with public money. When we consider that these proceed ings were conducted in secret, mainly by Herrera s enemies, that they were never carried further in public, that Herrera was never called upon for a defence upon any criminal charge, and that Echeandia was smarting under the rebukes of the comisario general, it seems wisest at the least to attach little importance to the accusations.

The matter was discussed by the diputacion in the sessions of July, Bandini and the president making all the speeches. Bandini s deferred revelations proved to be the reading of a treasury report on the sums of

the statement as to what was seen in S. Bias. Lieut. Estrada testified that the Morelos brought some 20 packages, including cigars and brandy, more than were on the manifest; and these goods were opened at Herrera s house, where and elsewhere they were sold by Bringas. Deponent believed the goods belonged to H. Luis Mariano Bringas, after much difficulty, was found and induced to testify at Angeles before the alcalde and Capt. Portilla. His testimony was clear enough, and to the effect that of the 4,500 in goods -rhicli he had brought to California and sold, $3,000 belonged to his friend Tejada, a trader of Saltillo, and $1,500 had been committed to him by H. as belonging to his (H. s) cousin. Full particulars were given of his dealings. But by the testimony of Ignacio M. Alvarado it was shown that Bringas, while refusing to testify on various pretences, had sent a messenger post-haste to Monterey and had received a message from H. Capt. Portilla s opinion was, therefore, that Bringas had testified falsely under instructions from II., whose accomplice he was. One of the documents exhibited by Bringas, in support of his testimony, was a draft bearing the name of Win. A. Gale, written Galle, and pronounced a forgery by Gale himself, who denied that he had ever had any transaction with Bringas. Moreover, Rodrigo del Pliego testified that H. had openly boasted of furnishing Bringas with papers that would serve his purpose, implying that the signatures were forged by him. Za- morano s final opinion, rendered to Echeandia at the end of July, was that H. had invested a part of the public funds for his own account at Topic, since of the $22,000 only about $3,500 in coin could be proved to have arrived in Cal. ; and it was very likely that the bales of goods referred to represented the bal ance; though it was hard to prove, because H. had had plenty of time to replace the deficit in coin. June 16th, Echeandia in a circular orders the ap prehension of Bringas, who is to be compelled to testify. Dept. Pec., MS., v. 53. April 2Gth, E. to com. gen., says that H. has not acted properly, and that proceedings have been instituted to prove his misbehavior. Id., v. 136. July ] Oth, H. to gov., with renewed complaints on the disregard of his orders by Martinez, Estrada, and ArgUello. Dept. St. Pap., Ben. Com. and Treas., ​MS., i. 76-9.

money intrusted to Herrera, and his own statement that he was positive of Herrera s misuse of the funds. The record of the previous secret investigations seems also to have been read. Ternas, or trios, of candidates for contador and treasurer were proposed in due form. Bandini then advocated the suspension of Herrera; but Echeandia opposed so radical a measure, arguing that the comisario would be so closely watched by the new officials that he could do no harm, and meanwhile the charges against him could be investigated by the supreme government. It is not easy to determine whether the governor s opposition was a mere pre tence, or whether, while wishing to humble his rival, he doubted the expediency of suspending him on so slight evidence. On the first vote, four members were for suspension, one against it, and one besides the pres ident did not vote. Subsequently another member was called in, the arguments were repeated, and Ban dini obtained a secret vote in favor of suspension. It is not unlikely that this result had been prearranged, and that the arguments of Bandini and Echeandia were made merely for effect. 7

Herrera was not suspended, because the candidates for treasurer declined to serve, and no suitable person for the place could be found; bat Pablo Gonzalez was installed as contador from July 23d, and matters went on much as before, save that Herrera, offended at the charges of interfering with other officials, now declined to perform some duties thought to belong to him. 8 He neglected certain details of gathering sup-

7 Leg. Rec. t MS., i. 91-101. For contador the terna was, 1. Pablo Gonzalez, 2. Joaqtiin Estudillo, 3. Manuel Dominguez. For treasurer, 1. Josu Antonio Carrillo, 2. Jose" Antonio Estudillo, 3. Antonio Maria Osio. In the first vote Ortega, Bandini, Carrillo, and Buelna voted for suspension; Estrada against, and Tapia reserved his vote. Romualdo Pacheco was the suplente called in, but the iinal vote was secret, no names being given.

8 Appointment of Gonzalez, who spoke English, as contador, July 23d. L<-g. Rec., MS., i. 64, 91; Dcpt. lice., MS., v. 71. Aug. 7th, Echeandia to com. gen. Says he has forwarded to the secretary of the treasury the secret in vestigations against H., whom the diputacion does not suspend for want of a suitable man to take his place. Id., v. 138. Sept. 19tlu H. to com. gen. complaining that the ministro de hacienda fails to answer his important ques tions. Dept. St. Pap., Ben. Co . and Treat., M.S., i. 91. ​

64 ECHEANDtA AND HERRERA THE SOLIS REVOLT.

plies and serving out rations to prisoners, was sum moned before the diputacion on September 19th, denied the right of that body to question him, but indulged in a wordy warfare with Echeandia in the legislative hall. Next day the governor evolved from his inner consciousness, and caused to be approved by the dipu tacion, the theory that the duty of a comisario sub- principal de hacienda was confined to systematizing the financial administration/ by reporting on needed reforms, and keeping accounts of net products of rev enue. 9 Accordingly he notified Herrera of the result of his legal studies prompted by the comisario s mis deeds, and ordered him to restore to the habilitados all their former powers, and to confine his own author ity to the narrow limits indicated above. Herrera thereupon, in obedience as he said to previous instruc tions from his superior, resigned his position, leaving the financial administration wholly in the hands of the gefe politico, and asking for a passport to go to Mazatlan, which Echeandia refused. Thus the matter stood during the rest of 1827. 10

• Le.tj. Rec., MS., i. 86-90, 101-4. Sessions of Sept. 19th-20th. Echeandia

supported his new theory with an elaborate argument. A new terna for treas urer was proposed, consisting of Santiago Argliello, Maitorena, and Ignacio Martinez ; but military duties prevented their acceptance.

10 Sept. 25, 1827, gov. to H. Dept. Rec., MS., v. 91-2, repeated Sept. 27th. Sept. 20th, H. to Estrada, announcing his resignation. \*allejo, Doc,, MS., i. 110. Sept. 26th, gov. to Estrada, announcing and explaining the change. The complaint was in the matter of furnishing supplies and rations, and the theory was that Gov. Argiiello had given up to H. at first powers to which he was not entitled. Id., i. 109. Same date, Echeandia notifies Prefect Sarria of the change. Arch. Arzob. , MS. , v. pt i. 38-9. Echeandia s argument quoted in Vattejo, Hist. CaL, MS., ii. 172-4. E. says in 1829 that H. se suspendioy tenazmento se nego en el ejercicio de todas sus funciones desde el dia 26 de Sep- tiembre de 1827, dejandolas al cargo de este gobierno. Dept. St. Pap,, Ben. Mil, MS., Ixx. 19. Sept. 29th, E. to H. Chides him for his refusal to perform duties belonging to his office, and refuses a passport. Dept. Rec., MS., v. 93. October, E. asks minister of the treasury that the trial or investigation of him self and H. may take place in Cal. Id. , v. 130-1. Oct. 1st, E. to comandantes and prefect on his orders to H. Id. , v. 93-4; Dept, St. Pap. , MS. , ii. 41 . Oct. 3d, E. to H. _ Never told him not to manage the funds entering his office; and if he persists in resigning the place, the treasury will be injured even more than it was by his assumption of the habilitados duties and rights. Dept. Rec. , v. 95. Oct. llth, H. to E. ? protesting against the orders which detain him in Cal. If the treasury interests were injured, it was because he was not allowed to go to report to his superior in order that the latter might put another man in his place; and the governor, to whom he was in no way responsible, was the only one to blame. If charged with criminal acts, he was ready for trial; if ​

FINANCIAL AFFAIRS IN 1S2S. Co

Nor did 1828 bring any notable change in the sit uation. The habilitados attended to the revenues as of old, Estrada and afterward Vallejo of Monterey exercising a kind of supervision, until in November Manuel Jimeno Casarin, a young man brought to California by his brothers, the friars Jimeno, was appointed by Echeandia as acting comisario, or admin istrator of the revenues, his position being similar to that held by Estrada before the coming of Herrera; 11 and Juan Bandini was appointed at about the same time as subordinate comisario at San Diego. Mean while Herrera continued his protests against being kept in California; could obtain neither a trial nor a passport; but made some efforts to obtain material for a later prosecution of his adversary. Echeandia was greatly blamed by both the comisario general and the minister of the treasury for his course towards his foe; but he defended himself as well as he could in writing, and insisted on keeping Herrera in the terri tory and holding him responsible for all financial ills, present and prospective. 12

not, there was no right to detain him. He wished to enjoy the wise laws of his country where they were respected and obeyed, and not remain where they were shamefully transgressed, as he was ready to prove. He also claimed his arrears of salary, he having received only $126 in a year, and having to sell his furniture to keep alive. Dept. St. Pap., MS., ii. 51. Oct. IGth, E. to comandantes, alcaldes, etc., announcing his action towards H., urging habili- tados to attend carefully to their duties, and explaining why H. was not allowed to depart that is because at a distance it would be hard to prove H. s frauds or justify his own action or that of the diputacion. Dept. .Sec., MS., 101, 103;Def>t. St. Pap.,S. Jose, MS., iv. 49-50; Dept. St. Pap., Any., MS., xi. 1. Oct. 28th, E. to com. gen. Thinks the administration of the revenue by the habilitados is injurious. With an administrator, vista, and guard at each port, the revenue might amount to $30,000 or 840,000 annually. Dept. Rec., MS., v. 139. Nov. 27th, E. tells the comandaute that the company officers had never been free from responsibility in the matter of finances. /(/., v. 105.

11 Dept. Rec., MS., vi. 13, 133 ,Leg. Rec., MS., i. 286. Oct. 6th, P. Antonio Jimeno writes to P. Peyri about getting for his brother the position of col lector of customs. Peyri replies that he should obtain a certificate of fitness, and security for 4,000. Perhaps Jimeno did not take possession until Jan. 1, 1829. Vallejo, Doc., MS., xxx. 308.

12 Jan. 11, 1828, gov. to min. of war. Defends himself against charges of usurpation by the min. of the treasury. Some of the charges had apparently been printed, for which satisfaction is demanded. Dept. Rec., MS., vi. 18- 19. Feb. 22d, H. asks for a passport to go and render his accounts at Maza- tlan. St. Pap., Sac., MS., x. 101. March 1st and April 26th, com. gen. to E., blaming him and the diputacion for exceeding their powers, even on the sup position that H. was guilty as charged, in which case a report should have ​

60 ECHEANDf A AND HERRERA THE SOLIS REVOLT.

A kind of revolt occurred in the north in October 1828, with which Herrera s name is connected as instigator by Alvarado, Osio, and Vallejo, without the slightest foundation so far as can be known. There is indeed very little information extant respect ing the movement, although I have the statements of several old Californians on the subject, including two of the leaders, Jose de Jesus Pico and Pablo Vejar. It appears that on the 8th of October, a large part of the cavalry soldiers at Monterey, joined by those of the escoltas who left their missions, refused to serve longer unless thev were paid, thereupon inarching out of the presidio with their weapons. Touching sub sequent events, there is no agreement among the nar rators, beyond the fact that Lieutenant Romualdo Paclicco persuaded the rebels to return to their duties, several of the number being put in prison to await the decision of the supreme government on their fate. 13 All agree that want of clothing and ^ food was

been sent to his superior officer. H. is also reprimanded on the same date for failing to report properly on E. s misdeeds and other matters. De/-t. > t. Pap., DC, i. Com. a; d Tro *., MS., i. 90-101). June 13th, II. to E. Protests against what is virtually his arrest, since he is not allowed to leave Monterey for Sta Barbara and 8. Diego to attend to business. Dcpt. St. Pap., MS., ii. 58. July 1st, II. required by the pres. of Mexico to form a regular accusation against 11; nothing to be kept back. !</. , Ben. Com. and Treat., i. 92-3. Aug. 7th, E. says he did not intend to prevent H. from travelling by land within the territory. Lept. Dec., MS., vi. 79. Sept. 15th, E. to com. gen. Says H. s clu.rge that he and the diputacion deprived him of his office is false. Id., vi. 12-13. Nov. 7th, E. orders that H. s salary be paid punctually. Id., vi. 131. Same date, will not allow him to leave the territory till ordered to do so by the sup. govt. Id., vi. 129. Dec. 4th, 9th, 17th, further correspond ence, showing that H. went to S. Diego, apparently to make secret investiga tions against Ids foe, which caused additional complications not very clearly recorded. Id., vi. 148, 150, 154-6, 158.

13 Oct. 1828, escoltas from S. Luis Obispo to S. Juan Bautista have aban doned their posts. Dept. St. Pap., Ben. Pref. y Juzg., MS., i. 6, 8-9. Oct. 18th, Echcandia orders comandante of Monterey to bring the rebels to trial by court-martial; but if he cannot roaster them, to offer a pardon. Dcpt. Eec., MS., vi. 113. Oct. 20th, E. to min. of war. Says the escoltas left their posts, and with the other troops came with arms in their hands to demand their pay. Hopes by the aid of the artillery lately arrived to pre vent such disorder; but needs officers. St. Pap., Sac., MS., x. 36-8. Oct. 31st, Id. to Id. Mentions the revolt, and asks that the guilty ones be par doned. Dept. Rec., MS., vi. 36. Nov. 7th, comandante of Monterey has made known to the troops the governor s pleasure at their loyalty in reject ing the proposals by^ some degenerate militares. Valh jo, Doc., MS., i. 159. Jan. 1829, liscal s opinion in case of Francisco Soto for the revolt of Oct. 8th, and other insubordination, then in prison. Thinks the death penalty ​

the cause of the rising; and there is no reason to sup pose that it had any politically personal significance. There is also a vague allusion to insubordination at San Francisco about the same time, but we have no particulars. 14

In 1829 there was a practical cessation of the finan cial controversy in its old phases, the situation remain ing unchanged, save that Antonio Maria Osio acted as comisario during part of the year in the place of Jimeno, and an opportunity was afforded Echeandia to rid himself of Herrera by sending him away as a prisoner for trial, on charges somewhat less unfounded than that of mismanaging the revenues. Discontent among the soldiers continued, resulting in a revolt more extensive and complicated than that of 1828, though not much more serious in its results. Desti tution, resulting from non-receipt of pay and rations, and attributed naturally by the troops to some fault of the governor, was the leading motive of the sol diers; the participants in the last revolt, yet under

should not be inflicted. Dcpt. St. Pap., Ben. MIL, MS., Ixix. 24. Osio, Hist. Cal., MS., 123-5, . c :ays 40 soldiers, not including the older sergeants and cor porals, marched 12 leagues to Codornices Mt. , and were induced to come Lack by Pachcco and the padres, the former offering to intercede for their pardon. Vallejo, lli*t. Cal., ii. 83-5, tells us the cavalry company went to Sauzal, could not agree among themselves, and when Pacheco put himself at their head, they instinctively obeyed his order to march back to their quar ters, where they were under arrest for many months. Pico, Acontecimientos, MS., 10, says that 80 men wandered about for a month, when half went back and were pardoned. The rest, the leaders being Felipe Arceo, Raimundo and Gabriel de la Torre, Pablo Ye" jar, Jose" de Jesus Pico, and Francisco Soto, remained away longer, but at last returned at the request of their friends and families, and were put in prison. Vejar, Recuerdos, MS., 8-9, says he and another man were sent to Estrada to say that they would serve no longer without pay; and that before they returned to duty Estrada promised par don and some relief. Torre, Reminisccncias, MS., 8-9, says that Arces was leader, and that the rebels went as far as Sta Cruz, S. Juan, and S. Josd. A vila, Cosas de Cal., MS., 25-7, saw the rebels form in line near her husband s house to return with Pacheco. She says Vejar was the leader, and that while in prison all were terrified at threats of being put to death. Amador, Memo ries, MS., 80, tells us it was a long time before all returned to duty. He and Jose de Jesus Vallejo, Reminis., MS., 15-16, represent the soldiers as having been in a pitiable state of destitution when they were driven to insub ordination. Mention of the affair in Lugo, Vida, MS., 13; Larios, Convul- siones, MS., 8; Ord, Ocurrencias, MS., 24.

U 0ct. 20th, gov. to min. of war. St. Pap., Sac., MS., x. 38-9. ​

G8 ECHEAXDIA AND HERRERA THE SOLIS REVOLT.

arrest, were rendered reckless by current rumors that they were to be shot; 15 Herrera and some of the friars, from motives of personal hostility, were willing to encourage any movement directed against Echean- dia; and finally the records, without clearly implicat ing any prominent individual, leave room for a suspi cion that most of the officers at Monterey and San Francisco were at the least not very earnest in their opposition to the rebels, though lacking confidence in their success and courage to take risks.

In June two soldiers revealed to Alferez Jose Fer nandez del Campo a plot of the troops to rise against the governor and all those de la otra banda, with a view to put all the offices in the hands of Californians. The outbreak at Monterey was to take place June 22d, but the plan was revealed on the 18th. The leader was Joaquin Solis, a convict ranchero, living not far from the presidio. Solis was a companion of Vicente Gomez, El Capador. Like him, he had ren dered service in the war of independence, and like him, had been sentenced to California for brutal crimes, which, but for his past services, would have been more severely punished. This revelation strangely seems to have caused no special sensation. There was a formal examination of several witnesses, with some official correspondence. Difficulty was experienced in inducing any officer to act as fiscal, or prosecutor, and finally the matter was dropped for reasons not ap parent. Stranger still, this affair was ignored in all the proceedings arising from later troubles. 16

10 June 9, 1829, order from Mexico that the soldiers under arrest for mutiny be set at liberty, after admonishment as to their duties. Sup. Govt St. Pap., MS., v. 12. It does not appear that this order reached Monterey before the rising. The fact that the prisoners began the movement is stated by Pico, Acont., MS., 10-13; Larios, Convulsiones, MS., 8-10: Avila, Cosas de Cat., MS., 25-8.

Ui June 23, 1829, com. of Monterey toEcheandia. Says a conspiracy of the Californians against the Mexicans had been detected, and his men had been un der arms for 3 days, though the conspirators had not dared to break out. Dept. Rec., MS , vi. 10. June 25th, Alf. Fernandez reported to the com. the revela tions of Mariano Peguero, corporal of artillery, and of private Pedro Guerrero. Gabriel Espiiiosa and Raimundo de la Torre were named as concerned in the plot. The cavalryman, Juan Elizalde, confirmed the statements of Peguero ​

During the night of November 12th-13th, the sol diers at Monterey rose and took possession of the presidio. By a previous understanding, doubtless, though little or nothing was ever brought to light on the subject, there was no opposition in any of the barracks; but some of the men, especially of the in fantry, seem to have been permitted to remain neutral by giving up their weapons. The ringleaders were Mariano Peguero, Andres Leon, Pablo Vejar, and the two brothers Raimundo and Gabriel de la Torre, though even of these none would subsequently ad mit that he entered altogether willingly into the plot, or that he contemplated anything more serious than the sending of a representation to the governor. Small parties, each including two or more of the men named, proceeded to the houses of Vallejo, the acting commandant of the company, Juan Jose Rocha of the artillery, Sergeant Andres Cervantes, and of the acting comisario Manuel Jimeno Casarin, all of whom were roused from their slumbers on one pretext or another, and were locked up in the calabozo before dawn. Juan B. Alvarado and. Jose Castro seem also to have been arrested. No resistance beyond verbal protest was attempted, except that the doors of Va llejo and Rocha had to be kicked down by Estevan Espinosa. 17

and Guerrero. Follows a record of preliminary legal proceedings, leading to no intelligible result. Dept. St. Pap., Ben. Mil., MS., Ixix. 15-19. July 1st, gov. to com. of Monterey. Orders arrest of Solis, Espinosa, and Torre, and examination of Elizaldc, Guerrero, and Fernando Curiel. Dept. St. Pap., MS., ii. 9G-7; Dept. Rec., MS., vi. 187. July 8th, gov. orders artillery comandante to redouble his efforts to prevent the threatened revolt. Id. , vii. 193. Sept. 22d, Jose T. Castro, alcalde, assures Echeandia of the fealty of S. Jos6. St. Pap., Alias, and Colon., MS., ii. 7. Sept. 28th, Fernandez del Campo to al calde. Must watch that no one carries forbidden arms. Vallejo, Doc., MS., xxix. 419.

17 The details of the arrests are given at considerable length in testimony to be referred to later. R. Torre, Ve"jar, Leon, Dolores Garcia, Espinosa, and a few artillerymen composed the party that took Vallejo. He was called on pretext of an important message just arrived, but suspecting something, would not come out; therefore the door was kicked in after consultation. Peguero, Vc-jar, and Espinosa arrested Jimeno. Several witnesses testified that Alva rado and Castro were imprisoned. Avila, Cosa* de Cal. , MS. , 25-8, was told by Vdjar at the time that the object was to make the officers cat morizqueta and learn how the soldiers had to live. Spence, Hist. Notes, MS. , 3-7, says Solis ​

The rebels thus secured Monterey without opposi tion, and similar easy success at all other points was anticipated. There was the usual indulgence in pros pective death or liberty as a figure of speech, but clearly none of the conspirators expected serious ob stacles. A leader was needed, none of the conspira tors ranking higher than corporal, or feeling compe tent to take the command. Raimundo de la Torre was accordingly despatched with a summons to Joaquin Solis, who came in from his rancho on the 14th and as sumed the position of comandante general of the Cali- fornian troops. 18 I suppose that all this had been pre arranged, although Solis and the rest insisted on their trial, that the convict general now heard of the rising for the first time, and he even had the assurance to claim that he accepted the command to prevent the disor ders that would naturally arise from leaving the rab ble uncontrolled I

Now that there was a general, a plan or pronuncia- miento was an absolute necessity. Solis applied for such a plan* or, as he afterward tried to make it appear, for a petition or representation to Echeandia on existing evils to Jose Maria Herrera. The ex- took the officers of the presidio by stratagem. Alvarado, Hist. CaL, MS., ii. 148-59, says he and Castro were sleeping in the same room with Vallejo. when 10 soldiers came and inarched all three to jail, where they spent the night on the bare ground, half-dressed. Vallejo got a chance to make a speech, but to no avail. The prisoners feared at first serious results from the reckless character of the conspirators. Vallejo, Hist. CaL, MS., ii. 86-96, 110-11; iii. 245, gives a similar narrative to that of Alvarado. Says it was 2 A. M. when the soldiers came on pretence of giving him the mail-bag. They were shut up with the lowest criminals, who were however soon released. He was much relieved to hear from Jimeno, the last prisoner brought to jail, that the plot was to overthrow Echeandia, and not, as he had feared, to plunder the town and flee on one of the vessels in port. Torre, Iteminis., MS., 10-21, says his brothers Raimundo and Gabriel were in command of the escoltas of S. Mi guel and S. Luis respectively, and came with their men and those of S. Anto nio and Soledad, arriving on the night of the revolt. Osio, Hist. Cat., MS., 125-51, tells us that Rocha, Vallejo, and Fernandez del Campo had repeatedly warned Echeandia of the danger, without his having paid the slightest heed. Vdjar, Recucrdos, MS., 9-35, says Echeandia would certainly have been shot had he been in Monterey at the time, as the soldiers considered him respon sible for all their troubles.

18 Nov. 13, 1829, summons to Solis to take the command, in Dept. St. Pap., Ben. Mil., MS., Ixxii. 45, signed by Peguero, Leon, Gabriel de la Torre, and Petronilo Rios. See also Id., p. 40, 43, 53, 55. ​

comisario was in sympathy with any movement against the governor. We are told by Osio, Vallejo, Alva- rado, and others that he was the prime mover in the revolt, Solis being merely a tool in his hands. I think this view of the case an exaggeration, and that Herrera, like several others perhaps who were never directly implicated, was willing to wait, and even aid so far as he could in safety. However this may have been, the troops counted on him to a certain extent, 19 and he at the least dictated the plan, which was writ ten at his house by Petronilo Rios, and completed in the evening 1 of November 15th. It was read aloud

O

to a group of foreigners, including Hartnell, Spencc, Cooper, Stearns, Anderson, McCulloch, and others who happened to be present, and who more or less approved the document, from motives of courtesy, as David Spence afterward testified. It was read to the soldiers and approved by them the same night. Many claimed later not to have been pleased with the paper, since it was a plan of revolution, and not a petition for redress of grievances; but this was an afterthought in most cases.

The plan was made to embody the grievances of Herrera, as well as of the troops, and was directed against Echeandia as the author of all territorial evils. 20 The avowed object was to put the territory

19 There are several vague allusions in the testimony to two brazosfnertes, on \vhom dependence was placed. One was supposed to be Herrera, and the other perhaps Capt. Gonzalez, or Lieut. Lobato, or Francisco Pachcco. Soiis claimed to have acted in many things on II. s advice after he had taken the command. H. in his testimony said he first knew of the trouble when in the night of the 12th he heard a noise in Jimeno s room next to his own, and rushed out sword in hand to defend him. Next day he w r as offered the coni- isaria, but declined, and advised the rebels to await the arrival of Osio, who already had the appointment from Echeandia. He again declined the office when offered by Solis. He Wiis asked for advice, and gave it in the interest of good order. He subsequently agreed to dictate the plan on condition that the officers should be set at liberty, and with a view to secure respect for the authorities, to prevent outrages on persons and property; in fact, to control for the good of the territory so far as possible a revolution which he was pow erless to prevent. Dept. St. Pap., MS., Ixxii. 71-4. It is fair to state that this defence was at least plausible, and that there is really no evidence of any weight against its accuracy, except the statements of persons liable to be in fluenced by prejudice.

20 Soils, Manifesto al Publico, 6 sea Plan de Revolution, 1829, MS. It was signed by Solis, Peguero, Leon, Rios, and Gabriel de la Torre. In substance, ​

72 ECHEANDIA AND HEKftERA THE SOLLS REVOLT.

in the hands of a temporary governor appointed by the diputacion. There was no need of a such a revo lution, or at least no reason to expect relief from such measures ; the charges against Echeandia were grossly exaggerated, since he was merely a weak man placed in circumstances where a strong man could have done but little; but the prevalent destitution among the troops was real, and was perhaps a sufficient motive

the document was as follows: The sup. govt, which is ever anxious for our good, and to which we are ever obedient, sent a governor who has failed to comply with his instructions; has scandalously abused his au thority; has devoted himself to his own interests and comforts and those of a few men about him; and has paid no attention to the complaints of hungry and naked soldiers. The laws call for a diputacion chosen by the people; but the gefe fails to either convoke that body or to explain his reasons for not doing so, and consequently agriculture, commerce, education, and other vital interests are grossly neglected. Two years ago the gov. suspended the comisa- rio of the revenues for reasons not known, which has resulted in the most scandalous mismanagement of the public funds. The administration of jus tice and military discipline are in a state of detestable abandonment; im morality and crime are rampant; and all results directly from the ruler s neg lect and lack of energy. Therefore, having endured all of misery and neglect that is humanly possible, having resorted in vain to every other expedient, the troops have resolved to use force, and to support the following plan: 1. The diputacion shall meet in due form with all its members. 2. When it has assembled Echeandia shall resign all his powers to the dip., which shall appoint a person worthy of confidence to serve until the arrival of a new gefe sent by the sup. govt, who will be immediately recognized. 3. Both this ayuntamiento (of Monterey) and those of other places will name proper persons to manage the revenues provisionally in accordance with the laws. 4. The troops will remain under their old officers, if the latter agree to this plan; otherwise they will choose a sergeant or corporal as comandante, who shall acknowledge the authority of the gefe appointed by the diputacion. 5. Com mandants of troops will apply for pay and supplies to the respective adminis trators of revenue appointed as above, and never to missions or private persons. 6. Only alcaldes may apply to missions for supplies, giv ing proper receipts, and delivering the product to the administrators. 7. In very urgent cases the ayuntamiento and administrator may require a moderate loan from private persons, the amount being proportioned to their means. 8. Persons and property to be fully protected, especially in the case of foreigners belonging to a friendly nation. (Herrera added to this article a note in his own handwriting which extended the assurance of protection to the Spaniards already living in the territory that is, leaving all further ac tion against them for the sup. govt and the new governor to dispose of.) 9. An eloquent peroration, in which the pronunciados declare that they will never lay down their arms until their object is accomplished; that no violence will be used beyond what is necessary in defence of their rights; that there will be no persecution of opponents; that anxiety may be banished from the minds of all, citizens or foreigners; that the object was to reestab lish and not to overthrow the government; that the military apparatus which has caused alarm is only the effort of free men against tyranny, and the use of this last resource made everywhere to overthrow tyranny by soldiers overwhelmed by misery, weakened by hunger, and fully awakened by the painful spectacle daily presented to their eyes of a dear wife and tender children, naked, and on the point of becoming victims to indigence. ​

for mutiny. It was natural enough that all existing evils should be popularly attributed to the ruler, and could the soldiers have induced some popular and in telligent officer to take the command, the movement would have been successful so far as the overthrow oi Echeandia was concerned.

Soon after his arrival at Monterey, Soils transferred the imprisoned officers from the calabozo to the ware house. Meanwhile Raimundo de la Torre was sent to San Juan, where he lay in wait for and captured Fer nandez del Campo, an officer who at the time of the revolt was absent on an Indian expedition. His men joined the rebels, and the leader was brought to the presidio under arrest. Whether he also was locked up with the rest does not appear; but in a few weeks all the prisoners were released at the intercession of foreigners, and on the advice of Herrera, much against the wishes of some of the soldiers. Vallejo and Rocha were however sent south in the Brooktine. Stephen Anderson carried copies of the plan to Santa Barbara by water, and Meliton Soto, a citizen, was sent south with letters calculated to advance the rebel cause, while Raimundo de la Torre read the plan to the sol diers of every escolta from Soledad to San Luis Obispo. The ayuntamiento of Monterey, headed by Tiburcio Castro, the alcalde, accepted the plan, proclaimed it to the assembled citizens, and urged its acceptance by other towns. 21 Castro turned over the municipal funds, and replenished the rebel treasury by imposing a tax or loan of a few thousand dollars on the traders, chiefly foreigners. In accordance with the plan, an administrator of revenues was chosen, the position being given to Antonio Maria Osio, who accepted it." When all had been arranged at the capital, General

"Nov. 16, 1829, Alcalde Castro to Solis, in Dept. St. Pap., Ben., MS., v. 359-GO.

"Nov. 16th, Tiburcio Castro s statement. Dept. St. Pap., Ben., MS., v. 358. In his Historic, de California, MS., 145, Don Antonio Maria naturally calls at tention to the fact that he had been previously appointed by Echeandia. ​

Soils turned his attention to the north, leaving Fran cisco Pacheco in command at Monterey. 23

Of the march northward and return we have few details; but there had been a previous understanding with the garrison, and neither at San Francisco nor at any point on the way did Solis encounter opposition. The northern tour consumed about a month, to De cember 20th. The ayuhtamiento of San Jose accepted the plan as the best means of securing peace and or der; or at least so I interpret a letter of Alcalde Ar- chuleta, which that dignitary perhaps intended to be vague and unintelligible. At San Juan and Santa Clara Solis received supplies and money to the amount of a few hundred dollars; but Padre Duran at Mission San Jose, not in the comandante s route, declined to contribute, on the ground that he had no official knowl-

23 Nov. 21st, Pacheco to Solis. Says he is not capable of undertaking the command, having neither talent nor disposition for it; but he was willing to serve his country in any possible way. The following items are from the vari ous statements made from memory: Pablo Vejar, Itecuerdo*, MS., 9-17, says he had for a week the key of the comisan a, where there was a large box of silver coin, which fact he did not reveal, fearing the men would seize the money and give color to a charge that they had rebelled for plunder. He claims to have been a leader with Torre at first. Osio, Hist. CaL, MS., 143-0, tells us that Castro was forced to lend 1,000 of the municipal funds, and that he, Osio, distributed over 3,000 in effects to the troops. He arrived the same day as Solis. and helped to secure the release of the prisoners. Est6van cle la Torre, fiemtnis.. MS., 12-14, gives some details of the capture by his brother of Fernandez delCampoat S. Juan. Vallejo, Jli^t. CaL, MS., ii. 80-90, attributes his release to the efforts of the foreigners headed by David Spence. He says Sergt Cervantes was also sent south in the Brookline. Jose" de Jesus Pico, Acont., MS., 10-13, says he was sent to intercept the mail at Solcdad and to bring away the guard, succeeding in both undertakings. Gonzalez, Revoluciones, MS., 1-3, gives a brief account of the whole affair. Robinson, Life in CaL, 09-70, says that Solis seized about 3,000 in the comisan a, and levied a contribution on the inhabitants. James 0. Pattic s version of the Solis revolt is perhaps worth presenting apart. That part relating to this first phase of the affair at Monterey is as follows: In January 1830 (the date is wrong) my acquaintances informed me on landing that there was a revolu tion in the country, a part of the inhabitants having revolted against the con stituted authorities. The revolted party seemed at present likely to gain the ascendency. They had promised the English and Americans the same priv ileges and liberty in regard to trade on the coast that belonged to the native citizens, upon the condition that these people aided them in their attempt to gain their freedom by imparting advice and funds. I readily appropriated a part of my little store to their use, and I would fain have accompanied them in hopes to have one shot at the general with my rifle. But my countrymen said it was enough to give counsel and funds at first, and it would be best to see how they managed their own affairs before we committed ourselves by taking an active part in them. Puttie s Nar., 222. ​

edge of any change in the government. He was per haps the only man in the north who ventured to ques tion the authority of Soils. 24 At San Francisco Solis and his army were received with an artillery salute; the whole garrison promptly joined the rebel cause; Jose Sanchez was made comandante instead of Mar tinez; and that is practically all that is known on the subject. 25

At San Francisco Solis tried to induce Luis Ar- giiello to take the chief command of the rebel forces. There is no documentary evidence of this fact, but it is stated by many of the Californians. The effort was natural; and Jose Fernandez says that the offer was made in his presence, Solis urging Arguello s accept ance, and promising to retire himself, so that Don Luis might not have to associate with a convict. But

2i Nov. 22d, Solis announces that he is near S. Juan, and his men need clothing. Dept. St. Pap., Ben., MS., v. 309. Nov. 25th, Alcalde Archulcta seems to accept the plan. /(/., v. 357-8. Amounts of money obtained, $140 at S. Juan; $100 at Sea Clara; and $200 at 8. Jose". Dcpt. St. Pap., Den. Mil, MS., Ixxii. 40. Nov. 2Gth, Solis, at Sta Clara, to ayunt. of S. Jos<:>. Must have 100 from municipal fund or nearest mission in order to resume his march. S. Jose, Arch., MS., vi. 14. Nov. 3Dth, Id. to Id. from S. F., again demands money to supply the troops. Id., vi. 15. Dec. 1st, P. Duran declines to give $200 for a comandante general interino of whose authority he knows nothing. Id. , vi. 17. Dec. 4th, Gth, Solis, at S. Francisco, to the ayunt. , arguing the case as against P. Duran. The beauties of the plan and the duties of all, including friars, under it are earnestly set forth. Id., vi. 12, 11. Dec. Gth, Solis, back at Sta Clara, gives receipt for $100 of the tithes of S. Jos6, and $200 of Sta Clara. Id., ii. 49. Dec. llth, Solis, at La Laguna, with complaint against the alcalde of S. Jos6 for nothing in particular. Id. , i. 35.

• Feb. 19, 1830, Martinez writes to Echeandia, that on Nov. 15, 1829,

Solis was about to attack S. Francisco and he prepared to resist him, but found the troops so demoralized and so disposed to join Solis that he was obliged, not to accept the plan, but to remain neutral and await results. Nov. 30th, he was ordered to deliver the military command to Jos6 Sanchez and the habili- tacion to Francisco Sanchez, and also to remain in his house as a prisoner. Dept. St. Pap., MS., ii. 129. It would seem that on the final approach of Solis, Martinez had some idea of resistance, for Nov. 19th he wrote to S. Jos^, asking for a rcenforcement of 10 vecinos. S. Jose, Arch., MS., i. 33. In Feb. and March 1S30 Corporal Joaquin Piiia, who had been in command of the ar tillery in the past Nov., was accused of insolence to Martinez on Nov. 2Sth, when he came by order of Solis, then at the mission, to demand ammunition for a salute. Pifia denied the insolence, but in turn accused Martinez of hav ing approved the plan when it was first read, Nov. 2lst or 22d, ami of haying sent to Solis a written surrender of the presidio, much to the disgust of PiSa, but with the approval of Francisco dellaro. Dept. St. Pap., Ben. M d., MS., Ixxi. 21-8. All of the Calif ornian writers mention the expedition to S. Fran cisco, but none give details. Osio, however, says that Solis met with no op position from Martinez. ​

Argiiello, wliilc admitting that he would rejoice at the overthrow of Echeandia, had no disposition to head a revolution, and persisted in his refusal. A part of the San Francisco garrison was incorporated in the army of Solis, but most of the men deserted at San Jose on the march to Monterey.

On his return Solis received despatches warning him to make haste or Santa Barbara would be lost to the cause. Accordingly after a short stay at the capital, he began his march southward with over one hundred men, Gabriel de la Torre commanding the cavalry and Lazaro Pina the artillery. Beyond the facts that the army was at San Miguel December 28th, got plenty of supplies at each mission, and was in such good spirits at Santa Inds that the men refused to accept the gov ernor s indulto which met them at that point, we have practically no details respecting the march. Thus far all went well; but the leader had no ability, nor control over his men; the army had no elements of coherence, and would fall apart of its own weight at the slightest obstacle; yet if success should take the form of a hole, the fragments might fall into it. 26

Let us now turn to the south. Echeandia heard of the Solis revolt November 25th, or a day or two earlier. On that date he revealed it to the officers and people in a circular, stating that he had convoked a council of seven officers, who were asked for a frank opinion whether his rule was satisfactory, and what changes if any could be advantageously made in the administration. The response was unanimous that he was a good governor, though Juan Malarin was named as the best man for the revenue department.

2fi The march south, organization of the army, trifling details. Dept. St. Pap., Ben. MIL, MS., Ixxii. 41, 43-G, 7G-7, and scattering. Jan. li>, 1830, Alcalde Soberanes writes from Monterey that he has notice of Solis passing Purisima on Jan. IQth, and that Pacheco is awaiting him at La Cieneguita with 200 men. S. Jose. Arch., MS., i. 37. Osio, Hist. Cat., MS., 147, men tions that at Monterey Solis showed an inclination to give up the command; that his old companion Antonio Avila threatened to oppose him if he con tinued to be the tool of Hen-era; and that a sergeant of artillery went south in his army with the express purpose of betraying him (Lazaro Piiia?), as he ​did.

Consequently he declares that the adherents of Soils, if they do not lay down their arms and leave the au thorities free, shall be deemed traitors and accom plices of the Spanish invaders at Vera Cruz. 27 Two days later Echeandia reported the matter to the min ister of war, announcing that he would start north in a few days to retake the capital. He declared his belief that Herrera was at the bottom of the revolt, hoping to gratify personal hatred, to avoid the ren dering of accounts and exposure of his frauds, and either to escape by some vessel, or more likely to declare for Spain or North American adventurers. Echeandia does not fail to make the affair a text for discourse on the difficulties of his position, and the urgent need of aid from Mexico. 28 He left San Diego on December 1st and reached Santa Barbara the 15th, after having made arrangements on the way for re- enforcements to come from Los Angeles, and for a meeting of the diputacion, as elsewhere related.

At San Diego the rebellion obtained no foothold; 29 but at Santa Barbara in the early days of December, before Echeandia s arrival, the garrison rose much as at Monterey, and held the presidio for nearly two days. The outbreak seems to have taken place just after the arrival of Meliton Soto with despatches from the north on the 2d. The coming of such a messenger had been expected, and a rising had been planned since the beginning of November. It was now settled

"Nov. 25, 1829, Echeandia s circular. Dcpt. fiec., MS., vii. 257.

28 Nov. 27, 1829, E. to min. of war. Sj. Pup., Sac., MS., x. 53-5. He is hard pressed by numerous duties, the difficulty of maintaining harmony with disaffected Spanish friars, the fear of a neophyte uprising, the total -uant of funds, the difficulties of communication, etc. Ho wants pfficcrs, troops, priests, money, and above all, just now 50 men from Sonora to establish com munication by land.

- 9 Xov. 20, 182D, Echeand a orders the comandante to summon the militia in case of need to serve against Solis. Dt-pf. Rec., MS., vii. 258. Dec. ,>0th, Argiiello assures E. that all at San Diego are opposed to the plan and deter mined to support the govt. D-- ,-t. XL Pap.,M$., ii. 92. Sergt Jose Maria Medrano was rccused by P. Mencndczcf saying that he had expected the out break since July, and that had he been au Monterey he would have favored the plan; but "after investigation the padre s testimony was doubted, and Medrano acquitted as a fuituful soldier. ​

78 ECHEANDf A AND HERRERA THE SOLIS REVOLT.

that the discharge of a musket at midnight of the 3d, eve of Santa Barbara, should be the signal; but an accidental discharge brought on the outbreak prema turely at 11 A. M. Romualdo Pacheco, acting com- andanto, and Rodrigo del Pliego were seized and placed under arrest in Pacheco s house, guarded by a corporal and eight soldiers. Sergeant Ddmaso Rod- rioaiez was perhaps the leader of the rebels, or per haps, as he afterward claimed, only pretended to be so to preserve order. No violence was done to persons or property. A distribution of warehouse effects was proposed, but was postponed until the soldiers of the mission guards should come to claim their share. The

O

quelling of this revolt was a simple matter. The offi cers were released by Rodriguez and a few others, on the 4th, against the wishes of many. Pacheco easily won over a few soldiers, marched to the barracks next day, and advised the troops to return to their alle giance and duty. They were given until 9 p. M. to think of the matter, and they deemed it best to sur render, after six of the number, presumably the lead ers, whom only Pacheco had threatened with arrest, had been given time to run away with Meliton Soto for the north. 33

Echeandia put Santa Barbara in the best possible state for defence. He obtained reinforcements of men,

30 The best account is given in the testimony of the artilleryman Maximo Guerra. De.pt. St. Pup., Ben. MIL, MS., Ixxii. G5-7. He names as impli cated in the revolt and in the previous plans: Damaso Rodriguez, Antonio Guevara, Vicente Rico, Joaquin Cota, Martinez, and himself, who were the G who ran away; also Jos6 Maria Perez. Luciano Felix, and Ex-alcalde Fer nando Tico, who spoke of Anastasio Carrillo as the prospective comandante. Soto in his testimony, /(/., G2-3, claimed to have had nothing further to do with the plot than, having business in the south, to carry letters for Solis, receiving $50 for the service. He was back at Monterey before Solis started for Sta Barbara. Gonzalez, Experiencias, MS. , 2G-9, who was alcalde of Sta Bdrbai^a at the time, gives a version agreeing with that of Guerra, so far as it goes. Dec. 8th, Echeandia at S. Gabriel wrote about the revolt, stating that Rodriguez was said to have only pretended to accept the command, that Pa checo had regained control by the aid of citizens, and that he was in pursuit of wounded (?) mutineers. Dept. Rcc., MS., vii. 259. Slight mention in St. Pup., Sac., MS., x. 56. Mrs Orel, Ociirrenciis, MS., 28-32, tells us that all the artillery revolted except Corporal Basualdo, who took refuge in the com- andaute s hou ​animals, and supplies from the pueblo and missions,^[1] stationed Pacheco with about ninety soldiers at Cieneguita, two or three miles from the mission, and awaited the approach of the rebel forces. The 7th of January, 1830, he issued a proclamation, in which he called upon the Monterey insurgents to surrender on condition of full pardon and liberty, except to the leaders, who would be simply imprisoned until their pardon could be obtained from Mexico. He believed the revolt to be due to the selfish aims and the crimes of Herrera, who had deceived the troops; and he warned them that in opposing him they were really in rebellion against the republic, a state of things that could lead only to blood and ruin.^[2] Next day he received a communication from Solis, dated at Santa Inés or El Refugio the 7th, in which he was called upon to give up the command in accordance with the plan. He answered it the same clay with a refusal. He ordered the rebels to present themselves unarmed for surrender, and renewed the argument against Herrera, claiming that the troops had received two thirds of their pay, and that there had been no complaint to him.^[3]

None of the Solis men accepted the first offer of pardon received at or near Santa Inés. No obstacles had yet been encountered, and this revolt was so planned as to overcome everything else. It was yet hoped that the Santa Bárbara garrison might join the movement, and the rebel army marched bravely on to Dos Pueblos, even coming in sight of the foe on the 13th. Pacheco and his men immediately executed a ​

80 ECHEANDfA AND HERRERA THE SOLIS REVOLT.

change of base to prevent being cut off that is, they retreated from Cieneguita as fast as their legs would carry them, and took refuge in the presidio. 34 Solis seems to have come somewhat nearer Santa Barbara, but we know little in detail respecting what occurred for three days. Echeandia wrote to the minister of war: "On the 13th the rebels came in sight of the divi- sioncita of government troops, and from that time by their movements and frivolous correspondence en deavored to gain a victory; but knowing the useless- ness of their resources and the danger of being cut off on their retreat, they fled precipitately at dusk on the 15th in different directions, spiking their cannon, and losing twenty-six men who have accepted the indulto."* 5 The last act of Solis before running away was to an nounce that his men were ready for a fight, and would never surrender until they got their pay. 36 The rebel chieftain described the events at Santa Barbara thus : "Having taken a position between the presidio and mission, I found it impossible to enter either one or the other, the first because it was fortified, the second because of the walls pierced with loop-holes for musket-fire, and of all the people within, so that I knew we were going to lose, and this was the motive for not exposing the troops by entering. - wrote

me that the general had ordered Portilla to march with 150 men to surprise us, and seeing myself with out means of defence for want of munitions, I deter mined to spike the cannon, and retire with my army to fortify myself in Monterey lo que verifique al mo-

34 The retreat is definitely stated only by Ord, Ocnrrcntias, MS., 29-39; Gonzalez, Experiencias, MS., 27-9; and Pico, Acont., MS., 10-13; but all are good authorities.

35 Jan. 20, 1830, Echeandia to min. of war. St. Pap., Sac., MS., x. 58. He says the pursuit of the fugitives had to be suspended temporarily at Purisima. A list of 28 soldiers, who at this time surrendered themselves, is given in Dept. St. Pap., Ben. Mil., MS., Ixxvi. 23. Jan. IGth, E. announces the surrender of the 20th and his hopes of final success. Some additional corre spondence of minor importance, from Jan. 8th to 18th. Dept. Rec., MS., viii.

10. Jan. 13th, Pacheco tells E. that he has gained an ad vantage over the foe. Id., viii. 85.

36 Jan. 15th, Solis from Campo Nacional to E. Dept. St. Pap., Ben., MS.,

11. 4. He was willing, however, to have a conference. ​

mento."** Dr Anderson wrote to Captain Cooper: " You would have laughed had you been here when the gentlemen from your quarter made their appearance. All the people moved into the presidio, except thirty women, who went bag and baggage on board the Funchal. The two parties were in sight of each other for nearly two days, and exchanged shots, but at such a distance that there was no chance of my assistance being needed. About thirty have passed over to this side. The general appears to be perplexed what to do with them. He seems as much frightened as ever." 38 All my original witnesses state that cannon were fired, but give no particulars save the important one that nobody was hurt. Several represent the army of Solis to have fled at the first discharge of Pacheco s guns. At any rate, the rebel force fled, pursued at not very close quarters, scattering as they advanced northward, and wholly disbanded before they reached the capital, where singly and in groups they soon took advantage of the renewed offers of pardon. The campaign of the south, and the battles of Santa Bar bara, Cieneguita, and Dos Pueblos the first in which Californians were pitted against Californians were over.

On the 18th Echeandia summoned the soldiers of the north,. that is, those who had surrendered, before himself, Carrillo, and Zamorano. Each one was inter rogated about the charges made in the plan. Each declared that there were no grounds whatever for

37 Jan. 20th, Solis, at S. Miguel, to Jose" Sanchez. Dept. St. Pap., MS., ii. 118. Solis at this time claimed to have over 100 men left, and to be confident of success. He had only 40 men when he reached Soledad. Id., Bm. J/<7., Ixxii. 40. Jan. 15th, IGth, 18th, 28th, E. to Pacheco. Instructions about the pursuit of the rebels, and the retaking of Monterey. Dept. liec., MS., viii. 8.3-90.

38 Jan. 24th, Dr Anderson to Cooper. Vallcjo, Doc., MS., xxx. 7- The af fair as reported at Monterey and reported by Pattie, Narr., 225, was as fol lows: A continual tiring had been kept up on both sides during the three days, at the expiration of which Gen. Solis, having expended his ammunition r.nd consumed his provisions, was compelled to withdraw, having sustained no loss, except that of one horse, from a sustained action of three days ! The cannon-balls discharged from the fort upon the enemy had so little force that persons arrested them in their course without injury. ​

82 ECHEANDfA AND HERRERA THE SOLIS REVOLT.

complaint; whereupon the governor showed docu ments to prove that in 1829, one month with another, the soldiers had received two thirds of their full pay. 39 / On the 24th the Brookline arrived at San Diego with \Vallejo and Rocha, the Monterey prisoners, and the same day or the next there came the news that the capital had been retaken. Pacheco was already on his way north to assume the command at Monterey. 40 On the 26th, Echeandia reported all he had done to the supreme government, and did not fail to utilize the occasion by expatiating on California s great dan gers and needs. 41

The recapture of Monterey was effected January 20th, largely by the aid of the foreign residents. It was feared that Solis and his men, defeated at Santa Barbara, w r ould devote their efforts to plunder, and it was deemed prudent to act before their return. There was no more difficulty in bringing about this movement in favor of Echeandia than in effecting the original revolt against him; yet David Spence in dulged in a little Mexicanism when he wrote of the affair that "with the firm resolution of death or vic tory, like bold British tars, we stood it out for twelve days and nights." 42 Malarin, Munras, Alvarado, and Jose de Jesus Vallejo were most prominent among those who aided the foreigners; and the citizens of San Jose seem to have sent a party to assist in tin) reestablishment of the regular government. 43 Fran-

39 Dept. St. Pap., MS., ii. 120-1.

40 Arrival of Vallejo and Rocha. Dept. St. Pap., Ben. Cust.-H., MS., iii. 58. It is erroneously stated by some that these prisoners first carried the news of the revolt to the south. Jan. 2(3th, Echeandia to Francisco Pacheco, in reply to the latter s announcement that order has been restored at Mon terey. Dept. nee., MS., viii. 12.

" Jan. 2Gth, E. to min. of war. St. Pap., Sac., MS., x. 56-8.

42 Feb. 4, 1830, Spence to Hartnell. Vatlejo, Dor., MS., xxx. 19.

• 3 Meliton Soto in his testimony stated that Cooper s house was the head

quarters, whence he went with Alvarado, Santiago Moreno, Alcalde Sober- anes, and several citizens and foreigners to take possession of the artillery barracks at 7 or 8 P. M. Dept. St. Pap., Ben. MiL, MS., Ixxii. G4. Galindo, Apunte*, MS., 8-13, tells us that the alcalde of S. Jose" sent 45 men, who arrived at midnight and surprised the garrison. Pattie s account of events at Monterey, from the time that Solis marched for the south absurdly in accurate in many respects is as follows in substance: Solis marched on ​

cisco Pacheco was apparently still left in command, and Solis men as they came straggling in were par doned and incorporated in the garrison. Eight or ten of the ringleaders failed to present themselves, and patrol parties were sent out to find them. Solis himself, concealed near his rancho, was taken by a company of thirty men under Antonio Avila. This man was a convict companion of Solis and Gomez, and he undertook the capture on a promise from Spence and Malarin to obtain from him a passport for Mexico. Neither Echeandia nor his successors could grant the pass, and Avila had to stay in Cali fornia.* 4 Just after the capture of Solis, early in February, Romualdo Pacheco arrived with a force

March 28th with 200 men. Echeandia had no knowledge of the revolt. The insurgents were so elated at their victory at S. F. that they were sure of suc cess, and decided to expel all Americans and Englishmen. Capt. Cooper 3 father-in-law, Ignacio Vallejo, reported this to the foreigners, and at a con sultation it was decided to send to Echeandia notice of the impending attack on him at Sta Bdrbara, which was done successfully by means of a letter forwarded by a trusty runner. April 12th news came of the battle and retreat. The name and fame of Gen. Solis was exalted to the skies. The climax of his excellence was his having retreated without the loss of a man. Capt. Cooper rolled out a barrel of rum, and when the admirers of Solis were sufficiently drunk, they were locked up, 50 in number, and the rest of the inhabitants took sides against Solis. Huzza for Gen. Echedio and the Americans! was the prevailing cry. There were 39 foreigners who signed the rolls, and Capt. Cooper was chosen commander. They spiked the cannon of the castle, except 4 which they carried to the presidio; broke open the magazine for powder and ball; and stationed sentinels for miles along the road. The Spanish people were all locked up at night to prevent possible communication with the approaching general. In a few days Solis drew near; the Americans waited at their guns with lighted matches until the army was at the very gates, and then ordered a surrender. The soldiers obeyed, but Solis with 6 officers fled. Six Americans, of whom Pattie was orderly sergeant and commander, armed with rifles, were at once sent in pur suit to bring back the fugitives dead or alive. Minute details are given. Several shots were exchanged; one American was wounded, and a Mexican killed, with 4 bullets through his body; but the rest surrendered and were brought back to Monterey, where the American flag floated until Echeandia arrived! Pattie s Narr. , 225-9.

44 Spence, Osio, Vallejo (M. G. and J. J.), Alvarado, and others mention the promise to Avila; but most of them state that the promise was kept, Echeandia granting the pass and $500 in money. Fernandez even speaks of Avila as subsequently becoming a brigadier in Mexico. I have before me Avila s petition to Gov. Figueroa in 1833, narrating the Solis capture. Dept. St. Pap., Ben. MIL, MS., Ixxv. 13. Botello, Anales, MS., 53, men tions Avila as being at S. Buenaventura in 1838. For some reason unknown to me, the Californians are disposed to regard Avila very favorably, represent ing him as sent to Cal. for political offences merely; but in the records he stands as a vicious man of very bad conduct, who took part in various mur ders and assaults on travellers. He was sentenced on Aug. 24, 1824, and ​

from the south, and took the command. Herrera was now put under arrest in his own house.

Now followed the formal investigation and trial of the imprisoned leaders. It was carried on at Mon terey and Santa Barbara, by Zamorano, Pacheco, Lo- bato, and Pliego, under instructions from Echeandia, and extended from January to June. The testimony i5 I have utilized in the preceding narrative, and it re quires no further notice except in a single point. The evidence respecting the revolt was clear enough; but nearly all the troops were implicated; few men of any class had shown real opposition to the movement in the north; a rising of soldiers with the object of get ting their pay was not a very serious offence from a military point of view; and pretty nearly everybody had been included in the various indultos offered. In fact, the criminal case was hardly strong enough to suit Echeandia s purposes respecting Herrera, the only one of the accused for whose fate he cared particu larly. A more serious charge was needed, and grounds for it were easily found. After their defeat at Santa Barbara, Solis and one or two of his men, wishing to gain the support of the padres, like drowning men ^clutching at straws, talked about raising the Spanish flag. It was easy to prove these ravings of the sol diers, and the foolish remarks of Padre Luis Martinez at San Luis Obispo. Particular attention was given to this phase of the matter in the investigation/ 6 A revolt in favor of Spain would sound very differently in Mexico from a rising of hungry soldiers against

came on the Morelos in July 1825. Prov. St. Pap., Ben. Mil, MS., li. 2; Dept. St. Pap., Ben. MIL, MS., Ivii. 3.

ij Soils, Prccexo instriddo contra Joaquin Soils y otros Revolutionaries de IS20, MS. These documents do not contain the final sentence under which the prisoners were sent away.

46 Pp. 78-105 of the Proceso noticed in the last note are entitled A utos qnc adaran qne el olijetode la f action de Soils era de pronunciarse en favor del Gobierno Espanol. Meliton Soto, Raimundo de la Torre, and Maximo Guerra were said to have spoken in favor of a yrito for Spain; and a letter of Solis, dated Jan. 17th, to P. Arroyo de la Cuesta, was produced, in which he an nounced his purpose to raise the Spanish flag, asked for a neophyte force to aid him, and said that the southern padres had agreed to the plan. p. 88. ​

their local chief, and Echeandia hoped he might now safely send Herrera out of the territory. Respecting the banishment of Padre Martinez, I shall speak in the following chapter. 47

On May 9, 1830, the American bark Volunteer, John Coffin Jones, Jr., master, sailed from Monterey with fifteen prisoners on board to be delivered at San Bias. Herrera was confined to a room constructed for the purpose on deck; Solis and the rest were in irons. 43 We have no particulars about the reception of the prisoners by the Mexican authorities, but it is certain that they were discharged from custody with out punishment. 49 Three at least of the soldiers, Torre, Vejar, and one of the Altamiranos, found their way back to California in later years; while Herrera, in spite of all Echeandia s accusations and precautions, was soon sent back, as we shall see, to take his old position as comisario de hacienda. California s first revolution was over, and little harm had been done. 50

17 Feb. 23d, Echeandia reported to min. of war the pacification of the terri tory, begged most earnestly for aid, and announced the fact that the revolution had really been in the interests of Spain. St. Pap. , Sac. , MS. , x. 61-3. April 7th, order from Mexico that Solis and his seven companions be tried for treason. Also thanks to E. for having suffocated the revolt. Sup. Gort St. Pap., MS., vi. 8. Miscellaneous communications respecting the trial in addition to those contained in theProceso, in Dept. St. Pap., MS., ii. 127-130; Dept. Rec., MS., viii. 13, 22, 32, 36, 78.

48 May 7, 1830, receipt of Jones for the 15 prisoners, as follows: Jose" Maria Herrera, Joaquin Solis, Meliton Soto, Serapio Escamilla, Raimundo de la Torre, Pablo Ve"jar, Victoriano Altamirano, Gonzalo Altamirano, Leonardo Arceo, Mariano Pcguero, Andre s Leon, Maximo Guerra, Antonio Guevara, Gracia Larios, Lids Polanco. Dept. St. Pap., Ben. Mil., MS., Ixxii. 17-18. Sailing of the Volunteer on May 9th. Id., Ixii. 28. Pattie, Narr., 23S-9, also sailed on the Volunteer, and names Capt. Wm. H. Hinckley as having been on board and leaving the vessel at S. Bias. The prisoners reached Tepic May 22d. Guerra, Doc., MS., vi. 129. Those belonging to the Monterey cav alry company were dropped from the company rolls in 1836. Dept. >/. Pap., Ben. MIL, MS., Ixxxii. 65. Six other men had been sent away from Sta Bar bara in February in the Emily Marsham, 3 of them, Joaquin Garcia, Jos< M. Arenas, and Antonio Peua, for complicity in the Soils affair. Dept. Rec., MS., viii. 74.

49 Torre, Reminis., MS., 19-21, says that his brother Raimundo was tried by court-martial and acquitted; whereupon the rest were discharged without trial.

50 The Solis revolt is described more or less fully in the folio wing r narratives, in addition to such as have been cited in the preceding pages: Av da, Cosa*, MS., 25-8; Bandini, Hist. Cal, MS., 71-2; Amador, Mem., MS., 86-90; Fer nandez, Cosas de CaL, MS., 59-64; Pico, Hist. CaL, MS., 20; Cc^tro, Rel, MS., 19-23; Pinto, Apunt., MS., 2; Vaidcs, Mem., MS., 18-20. It is men​

S6 ECHEANDlA AND HERRERA THE SOLIS REVOLT.

Respecting the management of the revenues in 1829-30 there is little or nothing to be said beyond noting the fact that Osio, Jimeno, and Bandini are mentioned as comisarios during 1830, without much regard to chronology. It would seem that after the revolt Jimeno was restored to his old position, and that Bandini was appointed before the end of the year, though there is inextricable confusion, not only in dates, but in the offices of comisario, administrador, and contador. 51

tioned in print by Mofras, Explor., i. 293-4; Petit-Thouars, Voy., ii. 90-1; La- fond, Voy., 209; Pickett, in Shuck s Rep. Men, 227; Wilkes, Narr., v. 173-4; Capron, Hist. Cal, 37-8; Tuthill, Hist. Gal, 130-1; Robinson, Life in Cal., 09-70; and Flint, Pottle s Narr., 222-30.

^^>QQDept.8t. Pap., MS., ii. 155-6; iii. 209-10; Id., Ben. Mil., Ixii. 22; Ixxiii. 53; Ixxiv. 6; Dept. Rec., MS., vii. 246-8; Leg. Rec., MS., i. 269, 281- 90. Apr. 25, 1830, the Californian diputado in congress urged the useless- ness of sending special officers to manage the revenues. Doc. Hist. Cal., MS., iv. 898. Jimeno was appointed contador on Sept. 30, 1829, by the rnin. de hacienda, but declined the place in Nov. 1830. Oct. 21, 1830, Echeandia, Bandini, and Jimeno met at Monterey, and decided on the following custom house organization at Monterey: administrador, with duties of comisario, at $1,000 per year; contador. with duties of vista, at $800; commandant of the

fuard, with duties of alcalde, at $800; guarda and clerk at $400; servant at 144; patron and two sailors at $144 and $96. Dept. St. Pap., MS., ii. 155-6. ​

CHAPTEE IV.

ECHEANDtA AND THE PADRES MISSION AND INDIAN AFFAIES.

1826-1830.

MISSION PREFECT AND PRESIDENTS THE QUESTION OF SUPPLIES THE OATH OF ALLEGIANCE SARRIA S ARREST FRIARS STILL MASTERS OF THE SITUATION COUNCIL AT SAN DIEGO SOUTHERN PADRES WILL INGNORTHERN PADRES REFUSE FLIGHT OF RIPOLL AND ALTIMIRA THE FRIARS AS SPANIARDS ECHEANDIA S CONCILIATORY POLICY PE TITIONS OF THE PEOPLE EXILE OF MARTINEZ PROGRESS TOWARDS SECULARIZATION MEXICAN POLICY DIFFICULTIES JUNTA OF APRIL 1826 DECREE OF JULY EXPERIMENTAL FREEDOM MISSION SCHOOLS AND LANDS PLAN OF 1829-30 APPROVAL OF THE DIPUTACION AC TION IN MEXICO INDIAN AFFAIRS SANCHEZ S EXPEDITION VALLEJO S CAMPAIGN AGAINST ESTANISLAO NORTHERN FORT SEASONS.

VICENTE FRANCISCO DE SARRIA retained the position of comisario prefecto of the missions, and was not dis turbed in the performance of his official duties from 1826 to 1830, though nominally in a state of arrest as a recalcitrant Spaniard. Narciso Duran retained the presidency until September 1827 when he was suc ceeded by Jose Bernardo Sanchez. The latter re tained possession of the office until 1831, though Duran was re-elected in May 1830. 1

The old controversy between government and friars respecting supplies for the troops continued of course during these five years, but with no novel aspects. In addition to commercial imposts, a secular tithe of

l Arch. Sta B., MS., xi. 350, 358-60, 400; xii. 369. The guardian sent Sanchez his patent June 9, 1827; and Duran notified him Sept. 30th. San chez was at first unwilling to accept. Duran was elected the second time May 26, 1 830, Peyri and Antonio Jimeno being named as second and third suplentes. Both Durau and Sanchez held the title of vicar under the bishop. ​

(87)

all mission products was exacted, citizens having pre sumably to pay this also in addition to their ecclesias tical tithes. 2 The method of collection was to exact from each mission the largest possible amount of sup plies for escoltas and presidial garrisons, and at the end of each year to give credit on account for the excess of amounts thus furnished over the taxes. I find no evidence that any part of the balance was paid in any instance. 3 The padres gave less willingly than in for mer years, when there had been yet a hope of Spanish supremacy, but the quarrels in local and individual cases were much less frequent than might naturally be expected, or at least such controversies have left little trace in the records. 4

2 According to the plan de gobierno of Jan. 8, 1824, citizens paid 10 per cent in kind on all produce, while the missions were to pay a fixed rate per head of cattle or fanegaof grain. By decree of Jan. 1, 1826, Echeandia, with the consent of Prefect Sarria, ordered that the tax be equalized between cit izens and missions, the latter apparently to pay in kind. Decree of Jan. 1,

1826. 8. Jose, Arch., MS., iv. 13; Sta Cruz, Arch., MS., 47-8; Dept. St. Pap., MS., i. 123; Vallejo, Doc., MS., xxviii. 81, 84, 86, including orders for circu lation of the decree and some directions for the keeping of accounts. Aug. 25,

1827, Echeandia to Sarria, urging the importance and justice of this tax, which here and elsewhere in official accounts is spoken of as a loan. Dept. Rec., MS., v. 80; Arch. Arzob., MS., v. pt i. 37; Vallejo, Doc., MS., xix. 138. April 22, 1826, Echeandia to min. of war. Argues that the missions should also pay tithes. He is informed that some of them have $70,000 or $100,000 in their coffers. St. Pap. , Sac. , MS. , xix. 30-1 . Oct. 31st, Herrera to Estrada on mission accounts. Vallejo, Doc., MS., i. 98.

3 June 23, 1826, circular from president received at S. Rafael to effect that the Mex. govt -was going to pay all drafts presented within six months from Jan. 1st, and those not so presented would be outlawed. This news reached Cal. just after the expiration of the time! Vallejo, Doc., MS., xxviii. 94. July 28, 1827, Echeandia notifies the prefect and comandantes that all cred itors of the national treasury must present their claims to the comisario. Dept. Rec., MS., v. 71.

4 June 10, 1 82G, P. Duran to Herrera. Protests against furnishing the diezmo of cattle branded for the national rancho, when there has already been delivered during the year a much larger amount than that of the tithe. Arch. Arzob. , MS. , y. pti. 13-16. Nov. 30th, P. Viader, upbraiding Lieut Martinez for not send ing money to jlfty for blankets, says, My friend, we have now arrived at a point of date et dabitur vobif;. Vallejo, Doc., MS., xxix. 94. Dec. 18th, Duran says he likco Lo .ee the soldiers fill their bellies with meat, and not feel hungry. Id., 95. April 19, 1827, draft by Habilitado Maitorena on habilitado general in favor of Sta Barbara mission for $8,725, the amount of supplies furnished apparently before 1825. Arch. Misiones, MS., ii. 177-8. Feb. 27, 1827, gov. orders Lieut Ibarra,^ since all conciliatory and courteous means have failed, to go with a force to S. Diego mission, and bring away all the grain the mules can carry. Resistance will be regarded as an overt act against the nation. Dept. Rec., MS., v. 27. Many certificates to effect that a padre has delivered provisions en calidad de prdstamo para que se le reintegre por cuenta del ​

Meanwhile the missions got nothing from the pious fund through the Mexican treasury, in addition to the stipends of 1819-22, the payment of which has already been noted. It is not certain even that any of the latter amount, about $24,000, ever came to California, but probably some cargoes of mission goods were paid for by the sindico at Topic out of that sum. Only fragments of the mission accounts have been preserved for these years. 5

We have seen that the padres as a rule refused to take the oath of obedience to the constitution of 1824, or to solemnize by religious exercises any act of the republican government; and that Prefect Sarria had been put under arrest, though it had not been deemed wise to carry into effect the orders requiring the reverend prisoner to be sent by the first ship to Mexico. In fact, the friars were yet, in a great meas ure, masters of the situation, because they could keep the neophytes in subjection, and above all make them work. The great fear was that the missionaries

supremo gobierno. Arch. Arzob., MS., vii. passim. A large number of drafts of comandantes in favor of missions, 1825-30, in /(/., v. pt 2. June 7, 1828, Echeandia proposes that the expense of maintaining friendly relations with the Indians be deducted from the sums due the nearest missions. Dept. Rec., MS., vi. 27. Oct. 7th, E. instructs Capt. Argiiello to borrow $800 of the mission of S. Jose". Id., vi. 109-10. Oct. 22d, E. orders Lieut Jose 1 Fernandez and 30 artillerymen just landed to be quartered at S. Diego mission. Id., vi. 115. Jan. 8, 1829, E. to Duran, urging him to lend supplies, or sell them for a draft on the comisario of Sonora, which he doubts not will be paid promptly. Id., vii. 53. May 4th, Vallejo complains of destitution at Monterey, and no aid from the missions. St. Pap., Sac., MS., x. 80. Nov. 24th, similar com plaints from Castro. Dept. St. Pap., Ben., MS., v. 309-70. Dec. 6th, P. Duran says he has paid 200 on menace of force being used. S. Jos Arch., MS., ii. 48. Jan. 15, 1830, P. Viader refuses to aid directly or indirectly in matters pertaining to war. Id., i. 37. April 25th, congressman urges the in justice of imposing such heavy burdens on the missions. Doc. Hist. Cal., MS., iv. 897-8. July 17th, com. of Sta Barbara complains that the padre will neither give nor sell supplies. Dept. Rec., MS., viii. 55.

5 May 31, 1827, guardian to president, stipends of 1819-21 and most of 1822 paid. Certificates should be sent in for those of 1S25-G. Arch. Sta B. , MS., xii. 400. June 27th, news received at S. Rafael; amount, $24,000. Vallejo, Doc., MS., xviii. 97. The brig Bravo with mission goods was wrecked at Acapulco late in 1827, but the cargo was saved. S. Luis Obixpo, Lib. Mision, MS., 7. Aug. 25, 1828, $0,861 in goods sent from Tepic to S. Bias for shipment, consisting of woollen and cotton stuffs, rice, sugar, rebozos, metates, and 25 pounds of cinnamon, shipped by the Maria Ester. Id., 8-9; Doc. Hist. Cal., MS., iv. 827-8. ​

90 ECHEANDlA AND THE PADKES.

would leave the territory en masse if too hard pressed. Had the situation of affairs, from a financial and mil itary point of view, been more reassuring, the terri torial authorities would not have been averse to assuming entire and immediate charge of all the missions; while the people, for the most part, would have rejoiced at the prospect of getting new lands and new laborers. But as matters stood, the rulers and leading citizens understood that any radical and sudden change, effected without the aid of the friars,

D *

would ruin the territory by cutting off its chief re sources, and exposing its people to the raids of hostile Indians. Thus a conciliatory policy was necessary, not only to the government, but to the friars them selves. The latter, though they knew their power and often threatened to go, were old men, attached to their mission homes, with but a cheerless prospect for life in Spain, fully determined to spend the rest of their days in California if possible.

Sarria s condition of nominal suspension and arrest continued for five years or more. Once, in 1826, his passport was made out, and he went so far as to call upon his associates for prayers to sustain him on his voyage. There was no countermanding of the orders, but a repetition of them in November 1827, yet the padre remained. He seems to have been included with the rest in the proceedings against the friars as Spaniards, and the special orders in his case were allowed to be forgotten, 6 though as late as the middle

6 May 1826, one of the padres claimed to have refused to perform mass, etc., by Sarria s order, and he signed a certificate to that effect. Dcpt. fiec., MS., iv. 39. Oct. 31st, Echeandia notifies S. that he must leave Mexican

between the gov. and prefect at Sta Barbara. Oct. 31st, E. notifies S. that a successor will be named and a passport issued. Dept. Rcc., MS., iv. 11. Nov. 30th, sends the passport from S. Diego to Capt. Gonzalez at Monterey. Id., iv. 17. Dec. llth, S. to the padres. Has received his passport from the pres. of Mex. Is resigned, but asks for prayers. Vallcjo, Doc., MS., xxviii. 89. 1827, Duhaut-Cilly, Viafjgio, i. 254-5, found S. kept as a kind of pris oner, and was asked to take him away, but declined, much to the gratification of the padres. Nov. 21, 1827, order from Mex. that S. be made to obe ​y the

of 1828 the governor still pretended to be waiting for a vessel on which to send him away.

On the 28th of April, 1826, Echeandia with Zamo- rano as secretary and the alcalde of Los Angeles met padres Sanchez, Zalvidea, Peyri, and Martin at San Diego to take counsel respecting the taking of the constitutional oath by the friars. The representatives of the latter said there was no objection to the oath except that it compelled them to take up arms, or use their influence in favor of taking up arms, for differ ences of political opinion. They would take the oath with the supplement "So far as may be compatible with our religion and profession;" but Echeandia would not agree to any change in the formula, and directed that a circular be sent out requiring each padre to explain his views on the subject. 7 June 3d the circular was issued through the com and antes to the friars; but it was not so much a call for view^s and arguments as for a formal decision in writing

O O

whether each would take the oath or not. 8 The an swers of the five padres of the San Diego district were sent in on the 14th. Padre Peyri was willing to take the oath, and was enthusiastic in his devotion to the national cause. Martin had already sworn, and did not approve of taking two oaths on the same subject. The rest were ready to take the oath in the manner indicated at the junta of April 28th; that is, to be republicans so far as was compatible with their profession and so long as they might remain in Cali fornia. Replies from the Monterey jurisdiction, sent

orders of July 9, 1825, and Nov. 15, 1826, to depart. Supt. Govt St. Pap., MS. , xix. 43. June 30, 1828, E. to min. of justice. S. will be sent away as soon as there is a vessel for Europe or the U. S. Dept. Rec., MS., vi. 30.

7 Dept. St. Pap., MS., i. 128-9. The old trouble was still active in 1826, for on May 1st Capt. Argiiello reported that yesterday having called on P. Abella to take part in the celebration of the pope s recognition of national independence, the padre refused. Dept. St. Pap., Ben. Mil., MS., Ivii. 13-14. Xext day it was complained that P. Este"nega declined to perform religious services in connection with the publication of certain bandos. Arch. Arzob., MS., v. pt i. 4. April 28th, record of the council referred to in the text. Dept. St. Pap., MS., i. 12S-9.

8 June 3, 1826, E. to com. of Monterey. Dept. St. Pap., MS., i. 134. ​

in on July 7th, were to the effect that the friars could not take the oath, and were ready to endure the pen alty, though some of them promised fidelity and re spect to the constituted authorities. The response from San Francisco and Santa Barbara is not so far as I know extant. 9

There was no further agitation of this matter dur ing the year, though a warning was received from the co misario general against the disaffected friars, and especially against the president, who, as the writer had heard, talked of nothing but his religion and his king, protesting his willingness to die for either. "If this be true, it would be well to grant him a passport to go and kiss his king s hand, but to go with only bag and staff, as required by the rules of his order." I am not certain whether this referred to Duran or Sarria. 10

During 1827 politico-missionary matters remained nearly in statu quo. No disposition was shown to disturb the padres further on account of their opposi tion to the republic, though there were rumors afloat that some of them were preparing to run away. Mar tinez, Bipoll, and Juan Cabot were those named in June as having such intentions, and Vicente Can6

9 The position taken by the other padres will, however, be learned from a subsequent document. Answers of the S. Diego and Monterey friars in. Arch. Arzob., MS., v. pt i. 5-9, 17-20. Among the latter Sarria was not included, not being regarded as the minister of any particular mission. Abella came to this country for God, and for God will go away, if they expel him; Fortuni no se anima a hacer tal juramento, pero si guardar fidelidad; Arroyo de la Cuesta was born in the Peninsula, and is a Spaniard; swore to the indepen dence only in good faith to the king of Spain; has meditated upon the oath de manded, and swears not; Uria "finds it not in his conscience to take the oath; Pedro Cabot has sworn allegiance to Fernando VII.; Sanclio, the same, and cannot go back on his word; Juan Cabot cannot accommodate his conscience to such a pledge; and Luis Martinez says his spirit is not strong enough to bear any additional burden. Aug. 7th, Sarria addresses to the padres a circular argument on the subject, similar to that addressed in former years to Gov. Argiiello, and called out by an argument of P. Ripoll, who it seems had wished to accommodate his conscience to the oath by bringing up anew the allegiance sworn to independence and Iturbide. /(/., v. pt i. 10-13.

10 Aug. 10, 182(3, com. gen. to Echeandia, Dcpt. St. Pap., Ben. Com. and Treas., MS., i. , JG-S. Beechey, Voya>jc, ii. 12, speaks of the dissatisfaction caused by the exacting of the oath, and says many padres prepared to depart raiher than violate their allegiance to Spain. ​

gave evidence on the mysterious shipment of 6,000 in gold on the Santa Apolonia by Padre Martinez, an act supposed to have some connection with the plans for flight. Captain Gonzalez took a prominent part in the charges, and this was perhaps a reason why Echeandia and others paid very little attention to the subject. 11

The rumors had some foundation, for at the end of December, or perhaps in January 1828, padres Ripoll and Altimira went on board the American brig Har binger, Captain Steele, at Santa Barbara, and left California never to return. They went on board the vessel on pretence of examining certain goods, and such effects as they wished to carry with them were embarked by stealth. Echeandia was there at the time, and David Spence tells us he was for some mys terious purpose invited to take breakfast on the brig before she sailed, but was prevented by other affairs from accepting. 12 Orders were at once issued to seize the Harbinger should she dare to enter any other port; but Steele chose to run no risks. The fugitives left letters in which they gave as their reason for a clandestine departure the fear that their going might be prevented otherwise, prompt action being necessary for reasons not stated. They were among the young est of the Franciscan band, and in several respects less identified than most others with the missionary work in California, the reader being already familiar with certain eccentricities on the part of each. Their destination was Spain, which they seem to have reached in safety. A suspicion was natural that the two padres carried away with them something more than the sack and staff of their order, that they took enough of the mission treasure to insure a comfortable voyage,

11 Statement of Cand to E. about the 80,000 shipped in August 1826. St. Pap., Sac., MS., xiv. 14-15. June 4, 1827, Gonzalez to E. Id., xiv. 26-30. G. was very violent in his charges against the padres.

12 Spence, in Tay or s Ditcov. and Founders, ii. no. 24. Alvarado, Hist. Cal, MS., ii. 101-2, claims that while Ripoll and Altimira were making their es cape with the mission wealth, Echeandia was being feasted by the other padres to avert suspicion. Vallejo, Hist. Cal., MS., ii. 59-GO, gives the same version. ​

94 ECHEANDlA AND THE PADRES.

and perhaps future comforts across the sea. The truth can never be known. An investigation brought to li^rht nothing more suspicious than the transfer of cer tain barrels and boxes of wine, soap, and olives, with perhaps other packages of unknown contents, from San Buenaventura to Santa Barbara. 13 In their own let ters, the padres said they had left the mission property intact. Duhaut-Cilly, however, had lately sold Ripoll an English draft for 7,000 francs, 14 which he said came to him legitimately from his stipend. Though Alvarado and Vallejo accuse the padres of having stolen large sums, and their method of flight favored the suspicion, I suppose that a few thousand dollars was probably all they took, and that they had but lit tle difficulty in justifying the act to their own satisfac tion, in view of their past stipends either unpaid or invested in supplies for the Indians. 15

In reporting the flight of Ripoll and Altimira, Echeandia suggested the expediency of granting passports to those who had asked for them, with a view to avoid such scandals; and he did send a pass to Padre Martinez in September to prevent the dis grace of his intended flight. 16 There was also a scandal respecting the actions of President Sanchez, whose letters and some goods being conveyed by John Lawlor from San Gabriel to the sea-shore were stopped

13 Dcpt. St. Pap., Ben. MIL, MS., Ixvii. 5-9, containing the testimony of several men and the letters of Altimira to Geo. Coleman, the llavero of S. Buenaventura, dated Jan. 23d from on board the vessel. They contain kind wishes for all in Cal., instructions about mission affairs, and good spiritual counsels for Coleman. The padre, according to Coleman s testimony, took a small box of cigars and some books.

u Duhant-Cilly, Viatjnio, ii. 184-5.

15 Mrs Orel., Ocurrencins, MS., 22-4, says they took no money at all. Ivipoll wept as he took leave of some of his Indians who went on board in Stcele s boat. Jan. 23, 1828, Echeandia announces the flight, and orders the Harbinger to be seized. Dept. Rec., MS., vi. 174. Jan. 28th, All Pliego or dered secretly to investigate the robbery said to have been committed by Al timira. Id., \\. 175. Feb. 5th, Luis Argiiello alludes to the flight. St. Pap., Sac., MS., x. 102-3. Mar. 26th, the authorities at S. Fernando college disa vowed having authorized or even known the flight. Arch. Sta. D., MS., ix. 90-1. Mar. 20, 1829, the Zacatecas college will replace Ripoll and Altimira. Sup. Oovt St. Pap., MS., iv. 2-3.

16 Jan. 29, 1828, E. to min. of rel. Dept. Rec., MS., vi. 22. Sept. 23d, E. to Martinez. Dept. St. Pap., MS., xix. G-7. ​

> ^SIDENT SANCHEZ ACCUSED OF SMUGGLING. 95

- \ \

and seasoned by Alcalde Carrillo of Los Angeles, on suspicion of complicity in smuggling. Sanchez was indignant at what he deemed an insult, and demanded his passport; but Echeandia, by declaring the suspicions unfounded, and by conciliatory methods, succeeded in calming the worthy president s wrath. 17

The law of 1827 on the expulsion of Spaniards from Mexican territory, 18 reaching California in 1828, had no other effect on the status of the missionaries than to give them another safe opportunity to demand their passports, as many of them did, some perhaps really desiring to depart. There was no disposition to enforce the decree, for reasons known to the reader. 19 Meanwhile the Spanish friars had been actually ex pelled from Mexico, and a most disheartening report came respecting the state of affairs at the college of San Fernando. 23

There would seem to have been some complaint against Echeandia for not having enforced the law of 1827, for in June 1829, apparently before the arrival of the law of March 20th, he sent to Mexico a list of

17 June 3, 1828, Lawlor to Sanchez. Arch. Arzob., MS., v. pt i. 03-4. June 8th, Sanchez to E. Id., 65-6. Aug. 21st, 29th, E. to S. and to the alcalde. Dr-pt. Rec., M.S., vi. 84-5, 90.

18 See chap. ii. of this volume.

19 Oct. 20, 1828, Echeand:a to min. of war. The padres are violent at the law for their expulsion, and tire clamoring for passports and complaining of detention by force. St. Pap., Sac., MS., x. 39-40. Dec. Cth, E. says that most of the 27 padres have agreed long before the date of the law to take the oath as was reported to Mexico on Dec. 6, 1826. (This report is not ex tant, but it is certainly not true that most had made such a promise.) If passports were issued as several have asked, the missions would be left with out government and the territory without spiritual care. Dcpt. Rcc., MS., vi. 50. Uuhaut-Cilly says he offered to carry the padres over to Manila; but he got a letter from Sarria, in which he said he was resolved not to abandon the Hock intrusted to him by heaven until forced to do so, and he advised his companions to the same effect. The same writer notes the arrival of 3 Fran ciscans they could not have been from California at the Sandwich Islands on the French ship Comcte. riaf/gh, ii. 200-1, 219-20.

20 March 26, 1828, P. Arreguin to Sarria. It had been at first proposed to dissolve the college; but finally the guardian and discretorio Had decided to choose a vicario de casa, and had chosen the writer. He asks for Sarria s views about the policy of keeping up the college, where there were now Ar reguin and 3 other priests, 2 sick Spaniards unable to depart, and 6 or 10 servants of different grades. Arch. Sta D., MS., ix. 90-4. ​

the padres, with notes on the circumstances of each, 21 and a defence of his action, or failure to act, on the ground that all the padres except three were Spaniards, and it would have been absurdly impossible to expel them with nobody to take their place. He also urged that many of them be allowed to remain permanently in the territory. Only a few days later there came the law of March 20tli, much more strict than the other, and it was circulated on the 6th of July. The announcement was that to all padres who had refused to take the oath passports would be given forthwith, while all the rest must show within a month the physical impediments preventing their departure as required by the law. 22 As before, no friar was ex pelled, and Echeandia had no idea of granting pass ports, though several, including Peyri, Sanchez, and Boscana, now demanded tham, and though the gov ernor really desired to get rid of certain unmanageable ones as soon as he could obtain others to take their places." 3 Not only did he send to Mexico a defence of his policy of inaction, showing the impossibility of the expulsion so far as California was concerned; but

21 Dcpt. Rcc., MS., vii. 20-33. The following friars had taken the oath: Fernando Martin, GO years old; Antonio Peyri, 70 years; Francisco Suner, 71 years; and Marcos Antonio de Vitoria, 69 years, who however had subse quently retracted, though faithful and obedient to the government, of blame less life, and probably influenced by his excessive respect for his prelate. The following had taken the oath with some conditions: Gonzalez cle Ibarra, Antonio Jaime, and Arroyo de la Cuesta; Boscana was ready to take the oath, and Barona, Zalvidea, and Josj Sanchez also with the conditions. This left 14 who would not t;.ke the oath, of whom Catala, Viader, and Abella were over CO years old; several were in bad health, and several were highly recom- mendable for their faithfulness. Should new padres come, E. proposed to grant passports to Arroyo, Ordaz, P. Cabot, Saiicho, J. Cabot, Ibarra, Oliva, Duran, Este~nega, Abella, and Una, in that order. There were recommended to re main, Amords, Catala, Vitoria, Viader, Fortuni, Martin, Boscana, Sanchez, Zalvidea, and especially Pej^ri, Jaime, Barona, and Sufier. Martinez was the only one who had asked for a passport on the ground of not wishing to con form. Duhaut-Cilly, Viar/i/to, ii. 187-8, mentions the coming of the Domin icans President Luna and P. Caballero to S. Gabriel in June, to consult about the expulsion.

22 July G, 18-29, E. to various officials. Dept. St. Pap., MS., ii. 92-3, 97; Id., 8. Jose, ii. 1G-17; Dcpt. Rcc., MS., vii. 190-1.

2J July-September, applications of the padres for passports. Arch. Arzob., MS., v. pti. 54-7. Aug. llth, Echeandia to min. of rel. St. Pap., Sac., MS., x. 43-G. In this document the gov. gives a very clear and complete statement of -the whole matter. ​

the ayuntamienix)s of San Jose, Monterey, and per haps other places, sent strong petitions on the evils that must result from such expulsion, expressing for the missionaries the deepest love and veneration, and pleading eloquently that the people might not be de prived of their spiritual guardians. 21 I find no re sponses to these petitions, nor are there any definite orders of later date on the subject, which, except in certain particulars to be noted in the next paragraph, seems to have been now allowed to rest. One of the Spanish friars, however, received before the end of 1829 a passport to a land where it is to be hoped his political troubles were at an end. This was the aged and infirm Padre Jaime, who died at Santa Barbara. I have said that Echeandia deemed it desirable to get rid of certain padres. Personal feeling was his motive in part; moreover, it was important to remove certain obstacles likely to interfere with his policy of secularization, of which more hereafter. Prejudice against all that was Spanish was the strongest feeling in Mexico, and there was no better way for the gov ernor to keep himself in good standing with the power that appointed him than to go with the current. It also favored Echeandia s plans respecting his enemy Herrera, while increasing the importance of his own services, to show the existence of a strong revolution ary spirit in favor of Spain. There was, however, but a slight foundation on which to build. The padres were Spaniards, and as a rule disapproved the new form of government; but it is not likely that any of them had a definite hope of overthrowing the repub lic, or of restoring California to the old system, and the most serious charge that could be justly brought against them was an occasional injudicious use of the

24 Aug. 25th, -S*. Jose", Petition del Ayuntamiento enfavorde los FrailesEs- paiioles, 1829, MS.; Monterey, Petition al Presidente y Congreso en favor de los Fraites Espanolcs, 1829, MS. Oct. 22d, gov. approves the petitions. Dept. Rec., MS., vii. 239. Oct. 12th, Virmond writes from Mexico that the presi dent had not the slightest idea of expelling the friars. Guerra, Doc., MS., vi. 145-8. ​

tongue. Generally the prevalent rumors of treason could be traced to nothing reliable. 25

Of all the padres, Martinez of San Luis Obispo was the most outspoken and independent in political mat ters, besides being well known for his smuggling pro pensities. Echeandia deemed his absence desirable for the quiet of the territory, and had issued a pass port which had not been used. It was thought best on general principles to make an example; it was par ticularly desirable to give a political significance to the Solis revolt, and Padre Martinez was banished on a charge of complicity in that revolt in the interest of Spain. The evidence against him was not very strong; 26 but there was little risk, since as a Spaniard the accused might at any time be legally exiled. He was arrested early in February 1830, and confined in a room of the comandancia at Santa Barbara. In his testimony he denied all the allegations against him, except that of giving food to the soldiers, as others had also done and as it was customary for the missionaries to do, whoever their guests might be. He claimed to have tried to dissuade Solis from his foolish scheme of raising the Spanish flag. In a long and eloquent communication addressed to Echeandia,

25 Sept. 9, 1829, gov. to comandantes. Has heard that some padre burns daily two tapers before a portrait of Fernando VII. ; and that another pre dicts from his pulpit the coming of the Spanish king. Find out secretly who do these things, and forward the result. St. Pap., Sac., MS., x. 25, 48; Depl. Rec., MS., vii. 44. The guilty parties were not found.

20 The evidence, some of the items resting on the statement of a single soldier, was, so far as it is on record, as follows: That he had freely supplied the rebels with food, had been very intimate with Solis and his leaders at San Luis, had shown anger at certain soldiers when they said viva la repiiblica, had spoken mysteriously of l.is amo Francisquito," in Spain or Mexico, had shown a paper with viva Fernando VII. written on it, had derroed inde pendence and liberty, and had lodged Alf. Fernandez del Campo in a room which bore the inscription V. F. 7 on the ceiling. Solis, Proceso, etc., MS.; Fernandez to Echeandia in St. Pup., Sue., MS., x. 26-7. Vallejo, hint. Cal. y MS., ii. 93-105, tells us that there were documents proving conclusively that Martinez Avas plotting against the republic and carrying on a, secret corre spondence with the rebels in Mexico; but nothing of this kind was shown in the recorded evidence, and tho same may bo said of a letter of encouragement from Martinez found on the person of Solis at his capture, mentioned by Al- varado. Hist. CaL, MS., ii. 155. ​

protesting against the manner of his treatment, Mar tinez, while not attempting to deny his well known political sentiments, claimed that he was not such a fool as to suppose that Spain could be benefited by petty revolts in California, that he desired the wel fare of the territory, and that in his opinion it could not be advantageously separated from Mexico. The two padres Cabot testified to having seen letters in which Martinez declined to take part in the political schemes of Solis, declaring that if the king wished to conquistar any part of America, he might do it him self, in his own way. Prefect Sarria also presented an argument to prove Martinez innocent. 27

The 9th of March a junta de guerra, composed of six officers, besides the governor, met at Santa Barba ra to decide on the friar s fate. Echeandia explained, at considerable length, the difficulties in the way of administering a suitable penalty, and he seems to have counselled leniency, fearing or pretending to fear the action of the other padres; but after full discus sion, it was decided by a vote of five to one to send him out of Mexican territory by the first available vessel. 23 Stephen Anderson, owner of the English brig Tlwmas Noivlan, was called in immediately, and gave bonds to carry the prisoner to Callao, and put him on board a vessel bound for Europe. Padre Martinez, on the same day, promised in verbo sacer- dotis not to land at Manila or the Sandwich Islands, and on March 20th the Nowlan sailed. 29 The friar

27 Martinez admitted to Lieut Romualdo Pacheco that he had received letters from Solis, urging him to arm his neophytes in defence of the Spanish flag soon to be raised. St. Pap., Mis*, and Col., MS., ii. 30-1. Testimony of Martinez and the PP. Cabot in Solis, Proceso, MS., 100-1, 98-9. March 4th, Martinez, Dejensa dirigida al Comandanle General, 1830, MS., in Id., 93-8. Feb. 9th, Sarria, Dcfensa del Padre Luis Martinez, 1830, MS. Mrs Ord, Ucitrrencia*, MS., 31 -G, gives some details of the padre s confinement in her father s house, and the efforts of members of the family to relieve the pris oner s wants in spite of the severity of Lieut Lobato. This writer and many other Califoruians think there was no foundation for the special charges against Martinez at this time.

• 8 Record of the junta of March 9th, in Solis, Proceso, MS., 102-5. The

officers were J. J. Rocha, M. G. Vailcjo, Domingo Carrillo, M. G. Lobato, J. M. Ibarra, and A. V. Zamorano. A previous junta of Feb. 2Gth is alluded to.

Camllo (Jose), Doc., MS., 21. The Spaniards A. J. Cot and family, ​

100 ECHEANDlA AND THE PADRES.

reached Callao in June, and subsequently arrived safely in Madrid, whence he wrote to his friends in California. There were those who believed that he carried away a large amount of money, an exploit which, if actually accomplished, considering the cir cumstances of his departure, surpassed in brilliancy all his previous deeds as a contrabandista. 30 Even if, as I suppose, he carried little or no gold at his depart ure, it is not probable that so shrewd a man of busi ness had neglected in past years to make some provision for future comfort.

The most important problem affecting the missions was that of secularization; but it hardly assumed a controversial aspect during this period. The missions, as the reader is well aware, had never been intended as permanent institutions, but only as temporary schools to fit savage gentiles for Christian citizenship. The missionaries themselves never denied this in theory, but practically nullified the principle, and claimed per petuity for their establishments by always affirming, no matter whether the spiritual conquest dated back five or fifty years, that the Indians were not yet fitted to become citizens. This was, moreover, always true, even if it was a virtual confession that the mission system was a failure, and it presented serious difficul ties in the way of secularization. The cortes of Spain had decreed, however, in 1813, that all missions ten years after foundation must be changed into pueblos, subject to secular authority both in civil and religious affairs, 31 and the success of independence made the

and J. I. Mancisidor sailed in the same vessel. Feb. 6th, Echeandia s order to arrest Martinez. Dept. ec., MS., viii. 16. March 9th, E. announces the sentence to Prefect Sarria. Id., viii. 27.

30 Vallejo, Hist. CaL, MS., ii. 90-100, says that he was the officer who took Martinez on board. He walked very slowly, but as he was old and corpulent, was not hurried. When they were alone in the cabin the padre said : Perhaps you thought me drunk. Not so, my son, but see here pro ceeding to show that his clothing was heavily lined with gold ! The young alfe"rez was glad to know that the friar had made provision for a rainy day, and promised to keep his secret.

31 See chap, xviii., vol. ii., for the decree of Sept. 13, 1813, and subsequent developments in Cal. ​

change inevitable. The spirit of Mexican republican ism was not favorable to the longer existence of the old missions under a system of land monopoly strongly tinged with some phases of human slavery. If the Indians were not fit for citizenship, neither we>re they being fitted therefor.

Echeandia and the administration that appoiated him desired to secularize the missions, but understood that it was a problem requiring careful study. Neither party was disposed to act hastily in the matter: the Mexican authorities largely perhaps because of indif ference to the interests of a territory so far away; and the governor by reason not only of his natural tendency to inaction, but of the difficulties with which on arrival he found himself surrounded. These diffi culties, as the reader has learned, were insurmountable. Had the territorial finances been in a sound condition, had the military force been thoroughly organized and promptly paid, had there been fifty curates at hand to take charge of new parishes, had the territory been to some extent independent of the missions even with these favorable conditions, none of which existed, sec ularization would have been a difficult task if not a risky experiment, requiring for success at least the hearty cooperation of the friars. Under existing circumstances, however, which need not be recapitu lated here, against the will of the padres, who, with their influence over the neophytes and their threats to retire en masse, were largely masters of the situa tion, any radical change in the mission status would bring ruin to the territory.

The governor recognized the impossibility of imme diate action; but in accordance with the policy of his government/ 2 with his own republican theories, with

32 Jan. 31, 1825, min. of war to gov. A statement of grievances suffered by the Indians of Cal. States that it is the president s desire to do away with so vicious a system, but suggests that the reform should perhaps be one of policy rather than of authority. It is not expedient to break up openly the system of the padres, who if offended might by their influence cause great evils. Still it \ras essential to check the arbitrary measures that oppressed the Indians, and afford the Latter the advantages of the liberal system but ​

the spirit rapidly evolved from controversies with the friars on other points, and with the urgings of some prominent Californians who already had their eyes on the mission lands, he had to keep the matter alive by certain -experiments intended to test the feelings and capabilities of the neophytes. 33 On April 28, 1826, Ebhfealldia- and his secretary, Zamorano, held a con sultation with padres Sanchez, Zalvidea, Peyri, and Martin at San Diego, at which after the padres had expressed their willingness to surrender the temporal management, the governor made a speech on the im portance of providing for the Indians of San Diego and Santa Barbara who desired to leave the neofia and manage for themselves. After discussion, it was agreed that those of good conduct and long service might be released, to form a pueblo at San Fernando or San Luis, under regulations to be fixed by the gov ernor. 34

After later consultations not definitely recorded, at which the plan was considerably modified, Echeandia issued, July 25th, a decree, or proclamation, of partial emancipation in favor of the neophytes. By its terms those desiring to leave the missions might do so, pro vided they had been Christians from childhood, or for fifteen years, were married, or at least not minors, and had some means of gaining a livelihood. The Indians must apply to the presidial comandante, who after obtaining a report from the padre was to issue through the latter a written permit entitling the neophyte and his family to go wherever they pleased,

guardedly and slowly to avoid the license that might result from unwise measures. All is intrusted to E. s experience and good judgment. St. Pap., Miss, and Colon., MS., ii. 42, quoted by E. in 1833 in a letter to Figneroa.

33 According to Alvarado, Hist. CaL, MS., ii. 109-10; Valiejo, His f . CaL, MS., ii. 51-3; Voile jo, Remini*., MS., 89-90, Echeandia, immediately after taking his office, sent Lieut Pacheco to make a tour of inspection in the southern missions. The padres were not pleased; but Pacheco having some trouble with P. Boscana at S. Juan Capistrano, went so far as to assemble the neophytes and to make a political speech, in which he told the Indians of a new chief who had come to the country to be their friend, and give them equal rights with Spaniards.

"Dept. St. Pap., MS., i. 129-30. ​

like other Mexican citizens, their names being erased from the mission registers. The cases of absentees

O

were to be investigated by the comandantes at once, and those not entitled to the license were to be re stored to their respective missions. At the same time the padres were to be restricted in the matter of pun ishments to the mere correction allowed to natural fathers in the case of their children; unmarried males of minor age only could be flogged, with a limit of fifteen blows per week; and faults requiring more severe penalties must be referred to the military authorities. 35 The provisions of this order applied only to the districts of San Diego, Santa Barbara, and Monterey; though in 1828 it was extended to that of San Francisco, excepting the frontier missions of San Rafael and San Francisco Solano. 36

This order of 1826 was the only secularization measure which Echeandia attempted to put in actual operation before the end of 1830. It does not appear that the missionaries made any special opposition, and the reasons of their concurrence are obvious. First, very few neophytes could comply with the conditions, especially that requiring visible means of support. Second, the decree required fugitives not entitled to license to be returned to their missions by the mili tary, a duty that of late years had been much neglected. And third, and chiefly, experimental or partial secularization was deemed by the friars to be in their own interest, since they had no fears that the neophytes would prove themselves capable of self-

85 July 25, 1826, Echeandia, Decreto de Emancipation d favor de Nedjitos, 1826, MS. Received at S. Rafael Aug. 23d. Arch. Afisione*, MS., i. 297. Forwarded by Lieut Estudillo to padre of S. Antonio. Arch. Arzob., MS., v. pt ii. 114-17. Sergt Anastasio Carrillo sent by Capt. Guerra to proclaim the new order in the missions of the Sta Bdrbara district, as he did at S. Fernando on Sept. 2Gth and at S. Buenaventura on Sept. 29th. Doc. Hist. Cal., MS., iv. 789-92. Here the Indian was authorized, should the cabo de escolta and padre refuse to act in presenting his application for license, to leave the mission without permission and apply in person to the comandante. Vallejo, Hist. Cal., MS., iv. 22, quotes the order of July 25th.

96 June 20, 1823, gov. to comaiulantes and prefect. Dept. Rec.< MS., vi, ​67.

government. Respecting the result, we have no sat isfactory information. I find no record of the number of neophytes who under the order obtained their free dom, nor of the manner in which they used their lib erty. Beechey, the English navigator, tells us that the governor was induced by the padres to modify his plans, and to try experiments with a few neo phytes, who, as might have been expected, fell soon into excesses, gambled away all their property, and were compelled to beg or steal. 37

While the governor doubtless used his influence to imbue the neophytes with ideas of independence and civil liberty, not conducive to contentment with mission life, 38 no definite progress was made, except in the preparation of plans,in the years 1827-9. In July 1827 the prefect was ordered to see to it that a primary school was supported at each mission, and compliance was promised. 33 In October of the same year, Eche- andia called for a detailed report on the lands held by each mission to be rendered before the end of the year. I find no such report in the records, though the local reports for the next year did, in several instances, contain a list of the mission ranchos. 40

zl Beechey s Voyage, ii. 12-13, 320. A few doc. bearing on individual cases of application for license. D^pt. St. Pap., Ben. MIL, MS., Ivii. 23-4; Dept. Rec., MS., v. 65; viii. 34. April 27, 1827, gov. says to com. of S. Diego that as the Indians of S. Juan neglect their work and make a wrong application of their privileges, they are to be admonished seriously that those who behave themselves properly will obtain their full freedom when his plans are per fected, while others will be punished. Dej>t. 7, ec., MS., v. 44. May 20, 1827, Martinez is to inform the Indians that in a few days E. will issue an order for them to be treated the same as gente dc razon. Id., v. 46. Dec. 6, 1826, E. to sup. govt. Speaks of the monopoly by the friars of all the land, labor, and products of the territory; of their hatred for the present system of gov ernment; and of the desirability of making at least a partial distribution of mission property among the best of the neophytes. Id., v. 1S2-3. Oct. 20, 1828, E. to min. of war, says the Ind. at most missions are clamoring to be formed into pueblos. St. Pap., Sac., MS., x. 39-40.

88 Mrs Ord, Ocurrencias, MS., 52-4, says that the ideas instilled into the minds of the neophytes by the gefe politico made a great change in them. They were not as contented nor as obedient as before. Osio, Hist. CaL, MS., 1 19-20, takes the same view of the matter.

Z9 Arch. Arzob., MS., v. pt i. 3o; Dept. Rec., MS., v. 54; Leg. Rec., MS., i.

40 Oct. 7th, Echeandia s bando in Olvera, Doc., MS., 1. Names of mission ranchos in the south. Prov. St. Pap., Presid., MS., i. 97-S. Bandini, in a ​

The order brought out, however, from the padres of San Juan Capistrano, a defence of the Indian title to the lands in California running back to the time when, according to Ezra the prophet, the Jews wan dered across Bering Strait to people America. 41

In a communication of 1833 Echeandia, after al luding to his instructions, by which, as we have seen, much was left to his own judgment, explained his acts in these years as follows: " Intrusted with the task of arranging the system of both Californias, supplying as best I could in indispensable cases the lack of ad ministration of justice, busied in regulating the treas ury branches since the comisario abused his trust, lacking the necessary supplies for the troops, at the end of my resources for other expenses, straggling to put in good order the necessarily tolerated traffic with foreign vessels, anxious to establish regular and secure communication with Sonora via the Colorado, combat ing the general addiction to the Spanish government and the despotic system, encountering the abuses in troduced in all branches by the revolution and enor mously propagated by the total neglect of the viceregal government during the war of independence occupied, I say, with so many cares, without aid in the civil or military administration, and finally having no Mexican priests to take the place of the malecontent Spaniards in divine worship, if they should abandon it as hap pened at Santa Barbara and San Buenaventura, or should be expelled as insufferable royalists, as some of them are, and as was he of San Luis Obispo, who favored the Solis revolt for Spain which, though I had the good fortune to suppress it, interfered with the progress of good government some of the mis sionaries mismanaging the property of their subjects, and others refusing to remain under the federal gov-

letter to Barren, 1828, says the missions have seized upon nearly all the land in the territory, so as to exclude private persons. Bandini, Doc., MS., 8.

11 Zatvideaand Barona, Petition al Gefe Politico d favor de los Indies, 1827, ​MS.

ernment if the missions were reformed; compromised thus in different ways, seeing that in the missions there remained almost illusory my repeated orders and pro visions that the converts should be relieved from the cruel and infamous punishments which were arbi trarily applied to them, and enjoy a little their per sonal liberty and the fruit of their toil, and receive in their schools the elements of a Christian and civil ed ucation ; when by my own observations and intercourse with missionaries and neophytes in spite of the flat teries and obstacles ur^ed that I might not remove

O O

the yoke from those miserable conquistados I had formed a definite conception of my duty, I completed & plan reglamentario to take from the missionaries the temporal administration, which I sent to the govern ment secretly, if I remember aright, in 1829, explain ing tl;e necessity of proper persons to make surveys, and to establish in due form the new settlements." 42 At the session of July 20, 1830, Echeandia brought his secularization plan before the diputacion, by which body, after much discussion and some slight modifica tions, it was approved in the sessions from July 20th to August 3d. This plan provided for the gradual transformation of the missions into pueblos, begin ning with those nearest the presidios and pueblos, of which one or two were to be secularized within a year, and the rest as rapidly as experience might show to be practicable. Each neophyte was to have a share of the mission lands and other property. The friars might remain as curates, or establish a new line of missions on the gentile frontier as they should choose. The details of the twenty-one articles constituting the document, chiefly devoted to the distribution of prop erty and the local management of the new towns, it seems best to notice, so far as any notice may be re quired, in a subsequent chapter, in connection with

"March 19, 1833, E. to Figueroa in St. Pap., Miss, and Col, MS., ii. 42-4. Strange as it may seem, E. makes a full stop in his sentence as above. He then goes on to explain his policy in 1831, of which I shall speak later. ​

the decree by which it was attempted to carry the plan into effect. 43 It was not intended to enforce this measure without the approval of the supreme govern ment, to which the plan was forwarded the 7th of September. 44 There were also sent at the same time six supplementary articles, approved by the diputacion August 13th, providing for the establishment of two Franciscan convents at Santa Clara and San Gabriel, for which twenty or more friars were to be sent from Mexico at the expense of the pious fund, and to which the Spanish padres allowed to remain might also at tach themselves. These convents were intended to supply in the future missionaries, curates, and chap lains. 45

Thus it is seen that the governor in his policy toward the padres, down to the end of 1830, was by no means arbitrary, unjust, or even hasty; 46 neither was there so bitter a controversy between him and the friars as would be inferred from the general tone of what has been written on the subject. 47 In these last years of the decade we have from the padres no spe-

^Echeandia, Plan para convertir en pueblos las misiones de la A Ita California, 1829-30, MS. Vallejo, Hist. Cat., MS., ii. 103-9, and Alvarado, Hist. Cal, MS., ii. 159-60, mention the action of the diputacion, and give the substance of an introductory message or argument presented by Echeandia on the ad vantages of secularization.

"Sept. 7, 1830, E. to min. of rel. Dept. Etc., MS., viii. 79.

^Len. Rec., MS., i. 163-6; Querra, Doc., MS., i. 15-17; Dept. Rec., MS., viii. 79.

4G Duhaut-Cilly, Viarjnio, i. 283-5, notes that E. used gentle measures, as he was obliged to do, while the padres were less careful about the prosperity of the missions than they had formerly been. Shea,, Catholic Missions, 109-12, represents E. s rule as a succession of arbitrary and oppressive acts against the friars. Fernandez, Cosas de Cal., MS., 45, says that E. had few scruples and aimed only to enrich himself by despoiling the missions. Spence, according to Taylor s Discov. and Founder*, ii. 24, says that E. had taken some rash steps toward the padres, and they retaliate.l by subjecting hiui to every in convenience. Dr Marsh, Letter to Com. Jones, MS., 2, tells us that E. re leased some of the Indians from the missions that his own particular friends might appropriate their services to their own use.

i7 Vallejo, Hixt. Cal., MS.,ii. 53-4, and Alvarado, Hist. Cal., MS., ii. 89- 90, tell us that about 1 820 the padres not only refused to furnish any more supplies for the troops, but had a large part of the mission cattle slaughtered for their hides and tallow, with a view to run away with as much as possible of the mission wealth. I think, however, that these writers, like others, exaggerate the quarrel, and that there was no such slaughter of cattle until several years ​later.

cial protest against the plan of secularization that was being prepared. This was partly because they be lieved that protests and arguments addressed to the territorial authorities would be without effect, partly because they still thought that secularization could not be effected for want of curates; but largely also, I suppose, because they had hopes of benefits to be de rived from the struggle going on in Mexico. Busta- mante s revolution against Guerrero was understood to be in the interest of a more conservative church and mission policy. There is no proof that the Cal ifornia padres were at the beginning in direct under standing with the promoters of the movement, but such is not unlikely to have been the case ; 4S and there certainly was such an understanding directly after Bustamante s accession. At any rate, their hopes of aid from the new executive proved to be well founded, as we shall see. Meanwhile the national authorities were even more dilatory and inactive than those of the territory. Nothing whatever was done in the mat ter. The famous junta de fomento seems to have made some kind of a report on secularization before it ceased to exist. Congress took it up in 1830, but decided to leave the missions alone at least until the

48 In the famous Fitch trial, Fitch, Causa Criminal, MS., etc., 339-40, President Sanchez, urged to arrest Echeandia for trial before an ecclesiastical court, declined to do so on account of the tumult it would cause, the prospect of an early change of governors, and the recommendations of Bustamante in his most esteemed private letter of April llth, which is quoted as follows: Your zeal should not rest a moment in a matter of so great interest; you will understand at once the rectitude of my intentions. Therefore I promise my self that you will not only aid by your influence and by every means in your power the success of my plans, but also take the greatest pains to reestablish public tranquillity, which to my great sorrow is disturbed, and to bring about perfect peace and harmony among the people. This is my business, which I recommend very particularly to the prudence of your paternity, on whose aid I count for the accomplishment of my desires. The president also uses, re specting the new governor, the following play upon words: Habiendo lognido ya esta desgraciada provincia su Victoria, seguramente se debe esperar que esta jurisuiccion eclesiastica usurpada, y oprimida, tambien conseguiru su victoria. Vallejo, Hist. Col., MS., ii. 109-10, says that the padres learned of Bustamante s pronunciamiento just after the action of the diputacion, and that they immediately signed a petition to the govt against Echeandia, though pretending to the latter at the same time to be anxious to give up tho mission temporalities. ​

arrival of the deputy from California; and finally the minister of relations approved Echeandia s plan and recommended it with the report of the junta to con gress at the beginning of 183 1. 49

There are a few items of Indian affairs in the annals of these years that may as well be recorded here as elsewhere, none of them requiring more than a brief notice. In April 1826 Alferez Ibarra had apparently two fights at or near Santa Isabel, in the San Diego district, perhaps with Indians who came from the Colorado region. In one case eighteen, and in the other twenty, pairs of ears taken from the slain a new kind of trophy for California warfare- were sent to the comandante general. Three soldiers of the Mazatlan squadron had been murdered just before, which deed was probably the provocation for the slaughter, but the records are unsatisfactory. 50

Another event of the same year was an expedition under Alferez Sanchez, in November, against the Co- semenes, or Cosumnes, across the San Joaquin Valley. These Indians had either attacked or been attacked by a part} 7 of neophytes from Mission San Jose, who were making a holiday trip with their alcalde, and twenty or thirty of whom were killed, or at least never returned. Sanchez was absent a week, and though he had to retreat and leave the gentiles mas ters of the field, he had destroyed a rancheria, killed about forty Indians, and brought in as many captives. 51

49 Mexico, Mem. Eelaciones. 1831, p. 33. Carlos Carrillo, writing from Tepic, April 2, 1831, referred to information obtained from Navarro, the member from Lower California, that most of the congressmen had opposed any change in the status of the missions. Guerra, Doc., MS., iv. 200. Va- llejo, Hist. CaL, MS., ii. 259, says a report was presented to congress on April 6, 1825, by J. J. Espinosa do los Hios, C. M. Bustamante, P. V. Sola, Tomas Suria, Tomas Salgado, Mariano Dominguez, J. M. Almanza, Manuel Gonza lez de Ibarra, J. J. Ormachea, and F. de P. Tamariz (the report of the junta alluded to by the minister?), in favor of including the mission lands in the colonization law of 1824. Jan. 15, 1831, Alaman to governor. The plan of founding two convents has been referred to the minister of justice. Sup. Govt St. Pap., MS., vii. 1.

Dept. St. Pap. MS., i. 136-7; Id. Ben., Pref. y Juzg., iii. 81-3; 8. Diego, Lib. Mision, MS., 96.

51 Sanchez, Journal of the enterprise against the Cosemenes, 1826. Written ​

In 1829 took place the somewhat famous campaigns against the native chieftain Estanislao, who has given his name to the Stanislaus river and county. Estan islao was a neophyte of more than ordinary ability, educated at Mission San Jose, of which establishment he was at one time alcalde. He ran away probably in 1827 or early in 1828, took refuge with a band of ex-neophytes and gentiles in the San Joaquin Valley, and with his chief associate, Cipriano, soon made him self famous by his daring. In November 1828 he was believed by the padres of San Jose and Santa Clara to be instigating a general rising among the neophytes, and Cornandante Martinez was induced to send a force of twenty men against him. 52 The expe dition was not ready to start till May 1829, Estanis lao in the mean time continuing his onslaughts and insulting challenges to the soldiers. 53

with gunpowder on the field of battle! in Beeche>/ s Voyage, ii. 24-31. The expedition lasted from Nov. 19th to Nov. 27th. The mission of S. Josd had defrayed the expenses, the padre deeming it necessary to avenge the outrage on his neophytes; but he thought the 40 new converts too dearly bought, feared a new attack from the Cosemenes, and begged Capt. Beechey for some fireworks with which to frighten the foe in case of necessity. In the diary the Cosemenes, the original form of the later Cosumncs, lived on or near the Rio San Francisco. On the way thither the army passed Las Positas, Rio San Joaquin, and Rio Yachicume". One soldier, Jos6 Maria Gomez, \vas killed by the bursting of his own musket. Duhaut-Cilly, Viagc/io, ii. 85-6, says Sanchez could not get at the Indian warriors, but killed 30 women and children, and with this shameful glory returned, bringing 2 children and an old woman captives. He says the neophyte victims belonged to San Francisco Solano. Elliot gives the substance of Sanchez s diary in Overland Monthly, iv. 341-2. Huish, Narrative, 427-30, takes the account from Ueechey. Bojorges, Recuerdos, MS., 4-7, describes the campaign with some embellish ments from his fancy. Nov. 3d, Bcrnal to Martinez. -Says that 21 Christian Indians have been killed, and calls for aid. The people are much excited. Dept. St. Pap., MS., i. 135. May 20, 1S2G, Capt. Argiiello leaves S. Francisco on a 34 days tour of inspection eastward. St. Pap., Sac., MS., xi. 5. Jan. 22d, corporal of S. Juan Capistrano announces rising of the Indians, who have insulted him and want to put the padre in the stocks. Dept. St. Pap., MS., i. 134-5. April 1827, complaints of robberies at the same mission. Id., ii. 12. Feb. 1827, trouble at S. Luisllcy, where a neophyte used some very violent and vile language against the Mexican govt and its Cal. representatives. Dept. St. Pap., Ben. Mil.. MS., Iviii. 2; Beeches Voyage, ii. 36. Nov. 1827, allusion to troubles with gentiles at Sta Clara. Dcpt. Rec., MS., v. 115. Oct. 23, 1828, Indian children from the Tubres, that had been given to residents of Monte rey, ordered to be restored to their parents. St. Pap., Miss, and Col., MS., ii. 6. Dec., two men killed by Indians near S. Jose. Dept. St. Pap., Ben. Pref. y/z<7.,MS., i. 20.

6 -Nov. 9, 1828, PP. Duran and Viader to Martinez. Nov. 20th, Mar tinez to Echcandia. Arch. Arzob., MS., v. pt i. 08-70.

13 Possibly, however, the force of 20 men was sent out in 1828 as planned, ​

EXPEDITION AGAINST ESTANISLAO. Ill

On May 5th Alferez Sanchez left San Francisco with about forty men and a swivel-gun. On the morning of the 7th, his force having been increased at San Jose by the addition of vecinos and Indian aux iliaries, he reached the spot where the foe was posted in a thick wood on the river of the Laquisimes. The fight, opened by the enemy, raged all day, muskets being used on one side and arrows with a few muskets on the other. The swivel-gun proved to be damaged and ineffective, while the muskets of the foe were loaded with powder only. No advantage was gained, and at sunset Sanchez withdrew his men to a short distance. Next morning he divided his force into six parties of six men each. He stationed one to guard the horses and ammunition, and two others to protect the flanks and prevent the escape of the foe, while with the other three, under corporals Piiia, Berreyesa, and Soto, he inarched up to the edge of the wood. As before, the fight lasted all day, and as before, noth ing was effected; though two of Pina s men, who were so rash as to enter the wood, were killed. Ammuni tion being exhausted, the men tired out, and the weather excessively hot, the siege was abandoned, and Estanislao left unconquered. Two soldiers had been killed and eight wounded, while eleven of the Indian allies were also wounded, one of them mortally. About the losses of the foe nothing was known. 54

accomplishing nothing. Osio, Hist, CaL, MS., 120-30, describes such an ex pedition under Sergt Soto, during which there was a fight; while Bojorges, Recuerdos, MS., 14-17, says it was under Corp. Pacheco and returned with out a fight, as did the second expedition according to Osio. In any case, it is evident that both writers confound this cntrada more or less with later ones. March 1, 1829, P. Duran to Martinez, complaining of a new attack by Es tanislao on the mission Indians. A rch. Arzob. , M.S. , v. pt i. 53-4. April 2Gth, Martinez to alcalde of S. Jose", asking for supplies and men for an expedition to start next Sunday. The conduct of the Indians is shameful, especially the challenges of Estanislao. 8. Jo$4, Arch., MS., vi. 10. May Gth (probably an error in date), gov. orders Martinez to send Alf. Sanchez with as many sol diers as possible, the S. Joso militia, and a swivel-gun on a raid against the Indians. Dept. Rcc., MS., vii. 149.

5i Handiez, Compana contra Estanislao y sus Indios sublevados, 1829, MS. Dated at S. Jose on May 10th. Great praise was awarded to the troops for gallantry, and especially to Corp. Soto and privates Manuel Peria and Lorenzo Pacheco. May 5th, departure of Sanchez from S. Francisco. Dept. Eec. t ​

112 ECHEANDlA AND THE PADRES.

A new expedition was prepared, for which the troops of San Francisco under Sanchez were joined to those of Monterey under Alferez Mariano G. Vallejo, who was also, by virtue of his superior rank, comman der in chief of the army, now numbering one hundred and seven armed men. Vallejo had not yet had much ex perience as an Indian-fighter, but he had just returned from a campaign in the Tulares, in which with thirty- five men he had slain forty-eight Indians and suffered no casualties. 55 Having crossed the San Joaquin River by means of rafts on May 29th, the army ar rived next day at the scene of the former battle, where it was met as before by a cloud of arrows. The wood was found to be absolutely impenetrable, and Vallejo at once caused it to be set on fire, stationing his troops and his three-pounder on the opposite bank of the river. The fire brought the Indians to the edge of the thicket, where some of them were killed. At 5 p. M. Sanchez was sent with twenty-five men to attack the foe, and fought over two hours in the burning wood, retiring at dusk with three men wounded.

Next morning at 9 o clock Vallejo with thirty-seven men again entered the wood. He found a series of pits and ditches arranged with considerable skill, and protected by barricades of trees and brush. Evidently the Indians could never have been dislodged from such a stronghold except by the agency that had been em ployed. Traces of blood were found everywhere, and there were also discovered the bodies of the two sol diers killed in the previous battle. The enemy, how-

MS., vii. 20. Oslo, Hist. CaL, MS., 129-30, gives some particulars about the loss of the two men, and says that Soto died of his wounds a little later at S. Jose". Alvarado, Hist. CaL, MS., ii. 57-60, gives an absurdly exaggerated ac count of the battle and of the enemy s fortifications. Galindo, Apuntes, MS., 22-4, has a quite accurate narrative from memory, recalling even the name of the llio Laquisimes, which may have been that now called the Stanislaus, though it is not certain.

55 Dcpt. Rec., MS., vii. 20. According to a document in Vallejo, Doc., MS., xx. 280, Vallejo had been in two acciones de guerra as commander, one in the Sierra Nevada from S. Miguel, and the other in the Tulares, where he had one man killed and 15 wounded. May 1G, 1820, Martinez orders Vallejo to march with Sanchez to chastise the rebels of Sta Clara and S. Jos6 as sembled at Los Rios. Vallejo, Doc., MS., i. 174. ​

ever, had taken advantage of the darkness of night and had fled. Vallejo started in pursuit. He en camped that night on the Rio Laquisimes, and next morning surrounded a part of the fugitives in another thicket near their rancheria on the Arroyo Seco. Here there were some negotiations, but the Indians declared they would die rather than surrender, and late in the afternoon the attack was begun. A road was cut through the chaparral with axes, along which the field-piece and muskets were pressed forward arid continually discharged. The foe retired slowly to their ditches and embankments in the centre, wound ing eioiit of the advancing soldiers. When the can-

o o o

non was close to the trenches the ammunition gave out, which fact, and the heat of the burning thicket, forced the men to retreat. During the night the be sieged Indians tried to escape one by one, some suc ceeding, but many being killed. Next morning nothing was found but dead bodies and three living women. That day, June 1st, at noon, provisions being exhausted, Vallejo started for San Jose, where he arrived on the fourth. 56

56 Vallejo, Cawpana contra Estanislao y sus Tndios sublevados, 1829, MS. This is the commander s official report dated at S. Jose June 4th. Pina, Diario de la Expedition al Valle de San Josd, 1820. This is a diary kept by Corp. Joaquin Pina of the artillery, who accompanied the expedition. It extends from May 19th, the date of departure from Monterey, to June 13th, when they returned to Monterey. The details, beyond the limits of the actual campaign as given in my text, are unimportant. The original MS. was given me by Gen. Vallejo. June 5th, Martinez congratulates Vallejo on his defeat of the rebels at Los Rios. Regrets that he could not follow up the advantage gained. Orders him to S. Francisco to plan further operations. \ r a ! lcjo, Doc., MS., i. 175. Dec. 31st, Martinez states in the hojas dc servicios of Vallejo and Sanchez that no decisive results were obtained, though 4 men were killed (?) and 11 wounded. Id., i. 204; xx. 142. Oct. 7th, Echeandia pardons neophytes who had been in rebellion. D<pt. Rec., MS., vii. 230. Al- varado s narrative of this campaign, Ilitt. Cal., MS., ii. 57-08, drawn evi dently from his imagination, is so wonderfully inaccurate that no condensation can do it justice, and I have no space to reproduce it in full. Osio, IIi*t. Cal., MS., 133-8, gives an account considerably more accurate than that of Alvarado, which is not saying much in its favor. He speaks of but one bat tle, in which the barricades of timber were broken down by the artillery, the order of no quarter was given by Vallejo, the infuriated auxiliaries wrought a terrible carnage among the foe, and the pits dug for defences were utilized as graves. Gaiindo, Apunte*, MS., 22-G, names two soldiers, Espinosa and Soto, as fatally wounded, and pays that Estanislao was captured. Bojorges, Rtcuerdos, MS., 14-22, who confounds the three expeditions, names Pefia ​

1 14 ECHEANDIA AND THE PADRES.

One phase of this campaign demands further notice. One of the contemporary narratives, the diary of Pifia, represents that at least six of the captives, including three or four women found alive in the second thicket, were put to death, most of them by the order or with the consent of the commander. Osio in his history tells us that some captured leaders were shot or hanged to trees, and Padre Duran made a complaint, to which no attention was paid. Vallejo in his official report says nothing respecting the death of the cap tives. At the time, however, Vallejo was accused by Padre Duran, but claimed to be innocent. 57 Echean- dia ordered an investigation of the charge that three men and three women, not taken in battle, had been shot and then hanged ; 5S and the investigation was made. From the testimony the fiscal decided that only one man and one woman had been killed, the latter unjustifiably by the soldier Joaquin Alvarado, whose punishment was recommended. 59 There is no doubt that in those, as in later times, to the Spaniards, as to other so-called civilized races, the life of an Indian was a slight affair, and in nearly all the expeditions outrages were committed ; but it would require strong er evidence than exists in this case to justify any spe cial blame to a particular officer. 60

In June 1827 orders were sent to Echeandia from Mexico to found a fort on the northern frontier in the region of San Rafael or San Francisco Solano. The

and Pacheco as the two killed under Sanchez, and says that Antonio Soto died of his wounds at S. Jos6.

57 Arch. Sta B., MS., xii. 178.

58 Aug. 7, 1829. Dept. liec., MS., vii. 213.

59 Dcpt. St. Pap., Ben. Mil, MS., Ixx. 13. Lieut Martinez was the fiscal to whom the case was intrusted.

60 A few items of Indian affairs for 1830: April, sergeants Salazar and Rico sent with a force to prevent trouble at Sta In6s. Quiet restored in 3 days. Dept. St. Pap., Ben. MIL, MS., Ixxxviii. 1, 4. July-Sept., a grand paseo maritimo proposed by P. Duran, in which the vecinos of S. Jos6 were invited to join. The object was to visit the rivers and Tulares, and inspire respect among the gentiles by peaceable methods. The mission would pay the expense. S. Jose., Arch., MS., i. 3S-9. Dec., Arrival of suspicious Indians at S. Fer nando. Dept. St. Pap., Angeles, MS., i. 95. ​

THE SEASONS, 1826-30. 115

object was not only to protect those establishments against gentile tribes, but also and perhaps chiefly to prevent a further extension of Russian power. The missions were to be called upon to furnish the required aid in laborers, implements, and food, the correspond ing instructions being also sent through the guardian to the president. Echeandia s reply was to the effect that there were no means to build a fort, but he would try to construct quarters near San Rafael for a military guard, and he did in March 1828 order Romualdo Pacheco to go to the north and select a suitable site, which is the last I hear of the matter. 61

Respecting the seasons from 1826 to 1830, I find nothing or next to nothing in the records; but I sup pose that the winter of 1827-8. was a wet one, and the next of 1828-9 one of unprecedented drought. The flood is mentioned in various newspaper items, on the authority of Vallejo and other old Californians, and of trappers said to have been in the Sacramento Valley; it is confirmed by one letter of the time, Jan uary 1828, which speaks of the flood at Monterey as something like that of 1 824-5. 62 The drought of 1829 is shown by the failure of the crops, the total harvest being 24,000 fanegas, the smallest from 1796 to 1834, and less than half the average for this decade; though strangely I find no correspondence on the subject save two slight items, one from San Rafael and the other from San Diego. 63

61 June 6, 1827, min. of war to Echeandia. St. Pap., Miss, and Col, MS., ii. 310; June 13th, guardian to president. Arch. Sta B., MS., xii. 176- 7; Jan. 8th, 1828, E. s reply. Dept. Rec., MS., vi. 23; Mar. 25th, E. to Pache co, ordering him to Nopalillos. Dept. Rec., MS., vi. 196.

62 Vallejo, Doc., MS., xxix. 190.

• De.pt. Rec., MS., vii. 364; Arch. Sta B., MS., xii. 181. ​

CHAPTER V.

ECHEANDf A S RULE MARITIME AND COMMERCIAL AFFAIRS.

1826-30.

VESSELS OF 1826 REVENUE RULES HARTNELL S BUSINESS HAWAIIAN FLAG COOPEK AND THE ROVER, LAWSUIT WITH ARGUELLO BEE- CHEY S VISIT IN THE BLOSSOM BOOKS RESULTING TRADING FLEET OF 1827 REGLAMENTOS ON LIQUORS AND LIVE-STOCK EMBARRASSMENT OF McCcLLocH, HARTNELL & Co. CUNNINGHAM AT SANTA CATALINA VISIT OF DUHAUT-ClLLY AND BOTTA MARITIME AFFAIRS OF 1828 RESTRICTIONS SMUGGLING AFFAIR OF THE FRANKLIN CANNON- BALLSAFFAIR OF THE KARIMOKO VESSELS OF 1829 CUSTOM HOUSE ARRIVAL OF THE BROOKLINE GALE S CORRESPONDE CE RAISING THK STARS AND STRIPES LANG AT SAN DIEGO THE SANTA BARBARA BUILT IN CALIFORNIA SHIPS AND TRADE OF 1830 LIST OF VESSELS, 1825-30.

THE vessels of 1826 were forty-four in number, in cluding a few doubtfully recorded. There were twenty- two American, eight English, five Mexican, four Russian, three of the Hawaiian Islands, and one Cali- fornian, though the latter carried the American flao\

Eleven were whalers seeking supplies; one was on n

scientific and exploring expedition; and the rest, so far as the records show, were engaged more or less exclu sively in trade. Ten or twelve were included in the list of the preceding year, having either remained over from December to January or repeating their trip. 1

1 The vessels of the year, for more particulars about which see list at end of this chapter, were the Adam, Alliance, Aryory, Baikal, Blossom, Charlt 1 *, Courier, Cyrus, Elena, Eliza, Franklin, General Bravo, Harb ntjer, Ii/ca, I nor?, J6ven An>/ustiax, Kiahkta, Maria E*ter, Maria Teresa, Mercury (2), Mero, Moor, Olive Branch, Paragon, Peruvian, Pizorro, J-fover, Sachem, Santa Apolonia, Sirena, Solitude, Speed i/, Spy, ThomsNowlan, Timorelan, Triton, Washington (3), Waverly, Whaleman, Youny Tartar, Zamora. ​

(116)

Vessels were not allowed to trade at way-ports, such as Santa Cruz, San Luis, Refugio, and San Juan Capistrano, without permission from the governor, which was easily obtained unless there was especial cause for suspicion. In June, Herrera, following instructions from his superior in Sonora, ordered that no vessel be allowed to load or unload in any other port than Monterey. He admitted that such a rule was ruinous to the territorial commerce, and said he had protested against it, but could not disobey orders. Echeandia, however, countermanded the rule provi sionally, and it did not go into effect; but at the same time an internacion duty of fifteen per cent and an averia duty of two and a half per cent were added to the former import duty of twenty-five per cent, mak ing a total of 42-^ per cent, besides an anchorage tax of 10 for each vessel and a tonnage rate of 2.50 per ton. 2 Naturally these exactions displeased both the traders and the consumers of foreign goods; but they sought relief, not in written petitions, but in various smuggling expedients, in which they were rarely detected, and which therefore for this year at least find no place in the records.

For Monterey, the chief port of entry, I have no revenue statistics for the year. At Santa Barbara, where accounts are complete, the revenue from customs was $7,446. 3 At San Francisco the recorded amount

2 June 28th, Herrera to habilitados of S. Francisco, Sta Barbara, and S. Diego, closing those ports. Dept. St. Pap., Ben. Com. and Treas., MS., i. 10. July 5th, Id., insisting on internacion duty according to decree of Aug. 6, 1824. St. Pap., Ben., MS., i. G7-8. July llth, Id. togov., insisting on the reformation of abuses, though said abuses were necessary. Dept. St. Pap., Ben. Com. and Treas., MS., i. 42-7. July 22d, Id. to habilitados. Counter mands order of June 28th until govt decides, but not that of July oth. Id. , i. 51-2. Beechey, Voyage, ii. 10, G9, refers to the excessive duties. Jan. 24th, revised taritf of prices for products. St. Pap., Sac., MS., x. 90-1. May 10th, decree of Mex. govt. All exports free of duty. Sup. Govt St. Pap., MS., xix. 38. Sept. 2Gth, import duties as given in the text. Dept. St. Pap., Ben. Mil., MS., Ix. 2. July 17th, habilitado of Sta Barbara understands that by the decree of Feb. 12, 1825, internacion duty is payable only on goods taken from the custom-house for other ports, foreign vessels having to pay only the 25 per cent and Mexican the 15 per cent of import duties. Dept. St. Pap., Ben. Com. and Trea*., MS., i. 48.

3 Dept. St. Pap., Ben. Com. and Treas., MS., i. 65. Partial statistics for each vessel are given in the list at the end of this chapter. ​

was 4,360 ; 4 and at San Diego, $1,666. If the total of $13,500 were doubled, it is evident that the amount would be but a small part of the percentage due on imports. Only a few years later there were complaints that no accounts had been rendered by Herrera and his successors, 5 so that it is not strange I have been unable to find complete figures.

All seems to have been coideur de rose in Hartnell s business this year. Echeandia granted a general license for his vessels to touch at all the ports. Mc- Cullough from Callao, and the Brothertons from Liverpool, wrote most enthusiastically of the prospects for high prices, urging extraordinary efforts to buy more hides and tallow, and expressing fears only of rivalry from other firms, while four brigs, the Inca, Speedy, Eliza, and Pizarro, were successfully loaded with Californian produce. 6 Gale s Sachem and the other Boston ships must have interfered seriously with Hartnell s purchases, but we have no information beyond their names and presence on the coast. Juan Ignacio Mancisidor also did a large business, selling the cargoes of the Noivlan and Olive Branch, and taking away large quantities of mission produce, though for him, as a Spaniard, trouble was in store. The Waverly and her two consorts introduced the Hawaiian flag to Californian waters, opened a new branch of territorial trade, and brought to the country William G. Dana, with others afterward prominent among resident traders.

4 Habilitados accounts in Valleio, Doc., MS., i. passim; Dept. St. Pap., Ben. Mil, MS., Ix. 1-4.

5 Figueroato Mex. govt in 1834. Dept. St. Pap., MS., iii. 209-10.

6 Echeandia s permit of June 18 and Aug. 26, 1820, to Hartnell s vessels. Dept. Rec., MS., iv. 48; Vallejo, Doc., MS., xxix. 57. Letters of McCulloch, Begg & Co., Brothertons, for the year, in Id., MS., xxix. nos. 4, 6, 12-15, 21,40, 43,52,65. Some beef was acceptable where hides and tallow were not forthcoming. The Eliza appears to have cleared at Callao for Costa Rica to deceive rivals. The Either, sent to England with hides, had not been heard of. The tallow from each mission must be marked so that the peculiar tricks of each padre may be found out. Cash is sent and more promised. Anderson s competition in Peru was especially feared. War between Buenos Aires and Brazil made prospects better. Yet P. Una, from Soledad, protests on June llth against being obliged to sell exclusively to Hartnell, and will in future accept the best offers. ​

Captain Cooper, in the Rover, came back from China in April 1826. The voyage had been made under a contract of 1824 with the government, 7 which had entitled the schooner to 10,000 for freight out and back, and the privilege of introducing 10,000 in goods free of duties. Besides some trading done by Cooper on his own account, he sold at Canton 375 otter skins for 7,000, investing the proceeds in effects for the Californian troops. Most of these effects were delivered after some delay to the habili- tado of San Diego. The delay, and much subsequent trouble, was caused by dissatisfaction on the part of the governor at the prices received and paid in China, and by personal difficulties in settling their accounts between Cooper and Luis Argtiello, as master and owner of the vessel. 8 This last phase of the quarrel lasted until 1829, involving a lawsuit and various refer ences to arbitrators. Argiiello s side of the quarrel is not represented in the records ; Cooper s letters are nu merous, containing a great variety of uncomplimentary epithets for Don Luis. Arbitrators seem to have decided the case in Cooper s favor in the amount of 5,000, "which," writes the captain, "the damned rascal Argiiello will never pay while California remains in its present condition." 9 To return to the Rover: the only incident of her voyage that is known was the throwing away of all Spanish papers on board, including invoices and the bill of sale to Argiiello, and even of the Mexican flag, on account of revelations by a drunken sailor to the effect that the schooner was not American as pretended, but Mexican. This occurred at the Phil-

7 See vol. ii. p. 520.

8 Arrival of the Rover, and trouble about the landing of the cargo. Dcpt. St. Pap., Ben. Mil., MS., Ixxxvii. 68; Id., Ben. Cu*t.-H., i. 18-20, 30; St. Pap., Ben., MS., i. 71; St. Pap., Sac., MS., xi. 1.

9 Cooper s letters of 1826-9, in Vatlejo, Doc., MS., xxix., nos. 54, 113, 108, 117, 128, 200, 210, 234, 235, 292, 334, 387, with many more in the same volume, relating to details of C. s business in those years, being of no special importance. It appears that Kierolf & Co., in China, had sent some goods by C. to Cal. on sale, and that by reason of his troubles with Argiiello, he \\m unable to settle with that firm for several years. J. P. Sturgis was. Cooper 8k correspondent at Canton. ​

ippine Islands. 10 On December 17, 1826, she sailed for San Diego, in quest of documents by which she might raise the Mexican flag. Jose Cardenas was to be master. 11 Nothing more is known of the San Rafael, as it was proposed to call her, from contem porary documents; but two Californians tell us that she was sent with a cargo to San Bias, and not allowed to return by the Mexican authorities, who did not like the idea of California having a vessel of her own. 12 The visit of Captain Frederick William Beechey, R. N., in H. M. S. Blossom, deserves notice as a prom inent event, by reason of the books to the publication of which it gave rise, and the information they con tained about California. 13 Beechey had sailed from Eng land in May 1825, despatched to Bering Strait, there to await the arrival of Franklin and Parry of the arc tic expeditions. 14 Sailing by Cape Horn, Valparaiso,

10 Cooper s deposition of Dec. 23th, mDept. St. Pap., Ben. Mil., MS., Ixiii. 9. The loss of the papers complicated the quarrel with Arguello. July 27th, gov. ordered the sale of the vessel to Argiiello, and the manner of her nation alization to be investigated. St. Pap., Sac., MS., xii. 14.

ll Dept. St. Pap., Ben. Cust.-IL, MS., i. 25.

12 Fernandez, Cosas de Gal, MS., 37-9; Alvarado, Hist. Cal, MS., ii. 84-0.

13 Beechey, Narrative of a Voyage to the Pacific and Beer intfs Strait, to Co operate ivith the Polar Expeditions, performed in His Majesty s Ship Blossom, wide r the command of Captain F. W. Beechey, 11. N., F. fi.S., etc. , in the years 1825, 26, 27, 28. Published by authority of t//e Lords Commissioners of the Ad miralty. A new Edition. London, 1831. ^Svo, 2 volumes, maps and plates. This edition is not mentioned by Sabiu, being published by Colburn and Bent- ley. The original in 4to form, 2 vols., had the same title, date, and pub lishers. There were published in 1832, according to Sabin, an American edi tion and a German translation. In the edition used by me the California matter is found in vol. i. p. 471-2; vol. ii. p. 1-88, 319-21, 403; with descrip tions of S. Francisco and Monterey harbors on p. 422-9; and observations of latitude and longitude on p. 443. Only one plate relates to California, that of Calif orniaii throwing the lasso. In finish, A Narrative of the Voyages and Travel* of Capt. Beechey, etc., London, 1830, the California matter is given on p. 415-00, somewhat condensed, and a portrait of Beechey forms the frontis piece. Hooker and Arnott, The Botany of Captain Beechey" 1 * Voyage; compris ing an account of the plants collected by Messrs. Lay and Collie, etc. London, 1841. 4to, plates. The matter is arranged geographically in order of the coun tries visited; and California occupies p. 134-05, with one plate so far as Bee- chey s voyage is concerned; but on p. 315-409 is given a more important Cal ifornia, Supplement, made up chiefly of a description of specimens collected by Douglas later, with 23 plates. Richardson and others, The Zoology of Captain Beeciie is Voyage; com) tiled from the collections and notes ma< /e by Captain, Bee chey, theofficers and naturalist, etc. London, 1839. 4to. The matter on Cal ifornia is scattered through the volume. The plates are splendidly colored. From p. 1 GO there is a chapter on geology, which contains a geological plan and description of the port of S. Francisco, which I copy elsewhere.

14 The Blossom mounted 10 guns. The chief officers under Beechey were: ​

and the Hawaiian Islands, he arrived in Kotzebue Sound in July 1826, remaining in the far north until October, when he was obliged by the closing-in of winter and by want of supplies to sail for the south. He anchored at San Francisco November 6th, 15 and was hospitably received by Comandante Martinez and Padre Tomas Estenega. Supplies were, however, less plentiful than had been expected, and a party consist ing of Collie, Marsh, and Evans was sent overland to Monterey. This party was absent from the 9th to the 17th, 16 during which time and subsequently Bee- chey and his men were occupied in making a survey of San Francisco Bay and scientific observations about its shores. No obstacles were thrown in his way, the authorities asking only for a copy of the resulting chart, which was given. 17 The Englishmen amused themselves chiefly by excursions on horseback over the peninsula, and especially from the presidio to the mission, the inhabitants gaining an extraordinary rev enue from the hire and sale of horses. The navigators also visited Mission San Jose late in November. One man was drowned and buried at San Francisco.

"By Christmas day we had all remained sufficiently long in the harbor to contemplate our departure with out regret; the eye had become familiar to the pic turesque scenery of the bay, the pleasure of the chase

lieutenants Geo. Peard, Edward Belcher, and John Wainwright; master, Thomas Elson; surgeon and assistant, Alex. Collie and Thomas Xeilson; purser, Geo. Marsh; mates, Wm. Smyth and Jas. Wolfe; midshipmen, John Kendall and Richard B. Beechey; clerks, John Evans and Chas. H. Osmer. The whole force was 100 men.

15 Announcement of arrival dated Nov. 7th, in Dept. St. Pap., Ben. Cust.- //., MS.,i. 24.

16 Collie s party, with an escort of Calif ornian soldiers, travelled by way of Sierra de S. Bruno, Rio de S. Bruno, Burri Burri, over the plain of Las Sal inas, with Estrecho de S. Jose" on the left, and Sierra del Suron right, S. Ma- teo, Las Pulgas, Santa Clara, S. Jose", Ojo del Coche (?), plain of Las Llagas, Rancho de Las Animas, Rio de Pajaro, plain of S. Juan, S. Juan Bautista, Llano del Rey, Rancho Las Salinas, Monterey, and returned by the same route. They were kindly treated by Capt. Gonzalez and Mr Hartnell. The diary of this trip furnished Beechey a large part of the information published about California.

17 Jan. 25, 1827, gov. to Martinez. Presumes that Beechey laid before him the necessary permit of the sup. govt to make a plan of the harbor. Or ders him to forward the plan toS. Diego. Dept. Rec., MS., v. 13. ​

had lost its fascination, and the roads to the mission and presidio were grown tedious and insipid. There was no society to enliven the hours, no incidents to vary one day from the other, and, to use the expres sion of Donna Gonzalez, California appeared to be as much out of the world as Kamchatka." The Eng lishmen sailed on December 28th for Monterey. Here they remained five clays, cutting spars, and obtaining supplies from missions and from vessels in port, largely by the aid of Hartnell. 18 The supplies obtain able in California were, however, inadequate to the needs of the expedition; and on the 5th of January the Blossom sailed for the Sandwich Islands. After another trip to the Arctic, unsuccessful like the first, so far as meeting the ill-fated Franklin was con cerned, Beechey returned to Monterey October 29, 1827, 19 remaining until December 17th, when he went again to San Francisco for water, finally sailing on January 3d for San Bias, and thence home via Cape Horn and Brazil, reaching England in October 1828. It is thus seen that Beechey s visit was in itself an event of slight importance ; but the observations pub lished in the voyager s narrative were perhaps more evenly accurate and satisfactory than those of any preceding navigator. Beechey and his companions confined their remarks closely to actual observations. They were less ambitious than some of their prede cessors to talk of things they did not understand, and thus avoided ridiculous blunders. It is not, however, necessary to notice their remarks at length here, for the following reasons: A large part is naturally de voted to local and personal matters, or to other topics treated in other chapters; notes of the scientific corps

18 Jan. 4, 1827, Beechey writes from Monterey to the British consul in Mexico, recommending the appointment of Hartnell as vice-consul in Cal., in consequence of the increasing importance of English trade on the Pacific coast, rallejo, Doc., MS., xxix. 102.

ia Notice of presence of the Blossom and 3 whalers on the coast in Novem ber. Vallcjo, Doc., MS., xxix. 108. Called the Blondes, at Monterey Nov. 8th. Dept. St. Pap., MS., ii. 47. Mention of visit in Soulc s Annals of S. F., 1G3-4. ​

on botany, zoology, and other branches, though of great value, can of course receive in a work like this no further attention than mere mention; 20 and what remains of general description, respecting the country and its institutions, on account of its very accuracy, would be but vain repetition here. Had the visitor been less careful and made more blunders, he would receive more attention from me. Such is fame, and the reward of painstaking.

The missions and the Indians claimed a large share of Beechey s attention, as in the case of earlier visit ors, and he was not blind to either the faults or ex cellences of the system or of the friars who had it in charge. 21 Respecting the result of Echeandia s ex periment at partial emancipation of neophytes, this author happens to be wellnigh the only authority; and he also translates an interesting diary of an ex pedition against the gentiles under Alferez Sanchez, as noted in the preceding chapter. He gives consid-

20 See note 13 of this chapter.

21 Though the system they pursue is not calculated to raise the colony to any great prosperity, yet the neglect of the missions would not long precede the ruin of the presidios and of the whole of the district. Vol. ii. p. 15. As to the various methods employed for the purpose of bringing proselytes to the missions, there are several reports, of which some were not very cred itable to the institution; nevertheless, on the whole, I am of opinion that the priests are innocent, from a conviction that they are ignorant of the means employed by those who are under them. Whatever may be the system, . . . the change according to our ideas of happiness would seem advantageous to them, as they lead a far better life in the missions than in their forests. p. 17. The produce of the land and of the labor of the Indians is appropriated to the support of the mission, and the overplus to amass a fund which is entirely at the disposal of the padres. In some of the establishments this must be very large, although the padres will not admit it, and always plead poverty. The government has lately demanded a part of this profit, but the priests, who, it is said, think the Indians are more entitled to it than the government, make small donations to them, and thus evade the tax by tak ing care there shall be no overplus. p. 19-20. Though there may be occa sional acts of tyranny, yet the general character of the padres is kind and benevolent, and in some missions the converts arc so much attached to them that I have heard them declare they would go with them if they were obliged to quit the country. It is greatly to be regretted that, with the influence these men have over their pupils, and the regard those pupils seem to have for their masters, the priests do not interest themselves a little more in the education of their converts. The Indians arc, in general, well clothed and fed. p. 21-2. Nothing could exceed the kindness and consideration of these excellent men to their guests and to travellers; but they were very bigoted men, and invariably introduced the subject of religion. p. 33-4. ​

erable attention to commerce, presenting a clear state ment on this subject. 22 Like others, the English navigator was enthusiastic in praise of California s cli mate and other natural advantages; but like others, he wondered at and deplored the prevalent lack of enterprise on the part of Mexican government and Californian people, predicting an inevitable change of owners should no change of policy occur. 23 His geo-

22 1 may quote at some length on this topic, as being the subject proper of this chapter. The trade consists in the exportation of hides, tallow, man- teca, horses to the Sandwich Islands, grain for the Russian establishments, and in the disposal of provisions to whale-ships, .. .and perhaps a few furs and dollars are sent to China. The importations are dry goods, furniture, wearing apparel, agricultural implements, deal boards, and salt; and silks and fireworks from China for the decoration of churches and celebration of saints days. In 1827 almost all these articles bore high prices: the for mer in consequence of the increased demand; and the latter partly from the necessity of meeting the expenses of the purchase of a return cargo, and partly on account of the navigation. Great complaint of high prices, not considering that the fault was in great measure their own, and that they were purchasing some articles brought several thousand miles, when they might have procured them in their own country with moderate labor only, for ex ample, salt and deal boards and carts. With similar disregard for their interests, they were purchasing sea-otter skins at 20 apiece, whilst the animals were swimming about unmolested in their own harbors; and this from the Russians, who are intruders on their coast, and are depriving them of a lucrative trade. With this want of commercial enterprise, they are not much entitled to commiseration. With more justice might they have com plained of the navigation laws, which, though no doubt beneficial to inhab itants on the eastern coast of Mexico, where there are vessels to conduct the coasting trade, are extremely disadvantageous to the Californians, who hav ing no vessels are often obliged to pay the duties on goods introduced in for eign bottoms. 17% higher than on Mexican vessels. Not only this, but as a foreign vessel cannot break stowage without landing the whole of her cargo, they must in addition incur the expenses attending that which will in general fall upon a few goods only. The imprudent nature of these laws as regards California appears to have been considered by the authorities, as they overlook the introduction of goods into the towns by indirect channels, except in cases of a gross and palpable nature. In this manner several American vessels have contrived to dispose of their cargoes, and the inhab itants have been supplied with goods of which they were much in need. p. 68-70.

23 Possessing all these advantages, an industrious population alone seems requisite to withdraw it from the obscurity in which it has so long slept under the indolence of the people and the jealous policy of the Spanish gov ernment. Indeed, it struck us as lamentable to see such an extent of habit able country lying almost desolate and useless to mankind, whilst other na tions are groaning under the burden of their population. It is evident from the natural course of events, and from the rapidity with which observation has recently been extended to the hitherto most obscure parts of the globe, that this indifference cannot continue; for cither it must disappear under the present authorities, or the country will fall into other hands, as from its sit uation with regard to other powers upon the new continent, and to the com merce of the Pacific, it is of too much importance to be permitted to remain longer in its present neglected state. Already have the Russians encroached ​

VESSELS OF 1827. 125

graphical information is usually accurate and valuable ; but a curious item is the idea, drawn from the Califor- nians, that the great rivers running into San Fran cisco bay were three in number the Jesus Maria, passing at the back of Bodega in a southerly course from beyond Cape Mendocino; the Sacramento, trend ing to the south-west, and said to rise in the Rocky Mountains near the source of the Columbia; and the San Joachin, stretching from the southward through the country of the Bolbones.

The vessels of 1827 numbered thirty-three, of which two or three arrivals depend on doubtful rec ords. Fourteen were the same that had visited Cali fornia the preceding year, some having wintered on the coast. Only four were whalers. The trading fleet proper was of about twenty craft. Of the whole number twelve were American, ten English, three Mexican, three Russian, two each French and Ha waiian, and one perhaps German. 24 Revenue receipts from fragmentary records, which are virtually no records at all, foot up about 14,000 for the year. 25 As the reader will remember, it was in this year that Herrera resigned, and the revenue branches were, if possible, in worse confusion than ever.

An attempt was made to remove some of the re strictions on the importation of foreign goods, deemed disadvantageous to Californian interests. The re forms desired were the free entry of foreign vessels into all the ports and embarcaderos, the subdivision

upon the territory by possessing themselves of the Farallones and some isl ands of Santa Barbara; and their new settlement at Rossi is so near upon the boundary (no Englishman could admit it to be within California author) as to be the cause of much jealous feeling not without reason, it would appear. p. 6G-7.

24 See list at end of this chapter. Vessels of 1827: Andes (?), Baikal, Blossom, Cadboro, Carimacer (?), Comite, Courier, Farorite, Franklin, Fulham, Golov- iiiH, Harbinger, IJe ros, IJuascar, Isabella, Magdahna, Maria E*ter, Massa chusetts, Oliphant (?), Olive Branch, Okhot.sk, Orion, Paraixo, Sachem, Solitude, Spy, Tamaahinaah, Tenieya, Thomas Nowlan, Tomasa, Washington, Wavcrly, Youn / Tartar,

25 Net revenue at S. F., 83,304. Deft. St. Pap., Ben. Mil., Ixii. 8-11. See also figures in the list of vessels at end of this chapter. ​

t

of cargoes for convenience of sale and transportation, and the reduction of duties to at most the original twenty-five per cent by the removal of the internacion and averia taxes, and even the tonnage dues. The two first had already been accomplished practically, since the authorities admitted that they had rarely refused permission to engage in coast trade; and as to the third, both governor and cornisario were op posed to the high rates, and had been as careless as they dared, and their subordinates even less careful. The diputacion considered the matter in June and July, and by the decision of that body and the re sulting decrees, coast trade was legalized, subject to the decision of the supreme government. The re moval of the duties was recommended, the internacion tax was restricted to goods carried inland more than four leagues, while the missions were allowed to give bonds for the tax pending the result in Mexico.

2fl

26 Jan. 22, and Aug. 6, 1827, Herrera regulates the details of trade between private persons and foreign vessels, to prevent abuses of the illegal privileges allowed of coast trade and division of cargoes. Dept. St. Pa/>. , Ben. Com. and Treas., MS., i. 82-6. June 23d, July 24th, sessions of the diputacion. Ban- diiii took a leading part in urging the reforms. Leg. Eec., MS., i. 52-4, 64- 72. July 20th, gov. announces that foreign vessels may touch at Sta Cruz, S. Luis, Purisima, Refugio, and S. Juan, by applying to the nearest com an - dante with a statement from the missionary that such visit is necessary. Dept. Rec., M.S., v. 68; Dept. St. Pap., MS., i. 144. Aug. 10th, com. of Sta Bar bara on same subject. Dept. St. Pap., Ben. Mil., MS., Ivii. 12-13. Aug. 7th, Herrera announces the change respecting the internacion duty. Dept. St. Pap. , Ben. Com. and Treas., MS., i. 86-7. Aug. 22d, gov. to sup. govt, an nouncing the act of the dip.; also asking for one or two gunboats and for a naval station at S. Francisco. Dept. Rec., MS., v. 128-9. June 1st, min. of war to E., announcing the president s permission for foreign vessels to touch at the way-ports already named in this note and in the text. Dept. Rec., MS., vi. 176. Vallejo, Exposition, 6, cites in 1837 a law of Nov. 16, 1827, forbidding comercio de cscafa by foreign vessels. The tariff law of Nov. 16th, Mexico, Arancel Gen., 1827, p. 5, allowed foreign goods to be introduced into Cal. for three tifths the duties required elsewhere except in Yucatan; but if reexported, the other two fifths must be paid. Miscellaneous items on com merce for 1827: Rates of duties import, 23% oil value; averia, 2i% on do.; internacion, 15% on do.; tonnage, $2.50 per ton (Mexican measurement); an chorage, $10 per vessel; collectors compensation, 3%. Dept. St. Pap., Ben. Mil., MS., Ixii. 5-10. Jan., national products free from export duty, ex cept gold and silver. Dept. St. Pap., Ben. Com. and Treas., MS., *i. 71. Jan. 31st, gov. says Sandwich-Island traders may touch at ports; but not war- vessels, until it be proved that they sail under a proper flag and due authority. Dept. Pec., MS., v. 19. July 20th, Capt. Guerra says the Mexicans in Cal. will probably abandon trade to the foreigners, who spec ulate in everything, and with whom they cannot compete. Doc. His ​t. CaL,

Meanwhile there came an order from Mexico, dated before the action of the diputacion, and permitting foreign vessels to touch at Santa Cruz, San Luis Obispo, Purisima, Refugio, and San Juan Capistrano. In its deliberations on revenue matters, the diputacion gave special attention to the duties on liquors, per fecting an elaborate reglamento, which was duly pub lished by the governor. The proceeds of the liquor trade were devoted to the public schools. 27 Another prominent commercial topic, since hides and tallow were the chief articles of export, was that of live stock regulations, to which the diputacion also directed its wisdom. The result was a series of twenty ar ticles, in which the branding and slaughter of cattle, with other kindred points, were somewhat minutely regulated. 23

The prosperity of 1826 in the business of Hartnell & Co. was followed by trouble and financial embar rassment in 1827-9. The exact nature of the reverses it is difficult to learn from the fragmentary correspond ence; but I judge that John Begg & Co. failed, in volving McCulloch, Hartnell & Co. to such an ex tent that the firm was obliged to delay its payments and to close the copartnership. Hartnell, however, paid all debts in California, and continued his business both for himself, with the aid of Captain Guerra, and as agent for foreign houses who sent vessels to the

MS., iv. 84. Grain raised only for home consumption, also wool; horse-hair somewhat sought by the French; padres unwilling to take money; exports amount to what 4 vessels of 300 tons can carry; 47% profit may l>e counted on; the export of tallow averages 1 arroba for each hide. Duhaut-Cilly, Viag- glo, i. 232-3, 253; ii. 145-7, 150.

27 Reylamento de Contrlbuciones sobre Licores, 1S27, MS. , approved at sessions of June 2Gth, 2Sth, 30th, July 2d, 7th. Gov. s decree of July 12th, in Dept. St. Pap., S. Josd, MS., iv. 40-7. The tax was 5 per barrel of 160 quarts for brandy and $2.50 for wine in Monterey and S. Francisco jurisdictions; in the south 10 and $5 respectively, payable by all buyers and by the producer who might retail the liquor. This for native liquors. Foreign brandy and wine paid $20 and $10 per barrel. The regulations for the collection of this tax are somewhat complicated, and need not be given. Aug. Gth, Herrera an nounces that by superior orders a duty of 80% on foreign liquors and 70% on wines is to.be exacted, besides the 15% of internacion. JJe.pt. St. Pap., Ben. Com. and Treat., MS., i. 87-8.

28 Reylamento sobre Ganados, aprobadopor la Dtputacion, 1827, MS. ​

coast. The correspondence would indicate that he went on loading vessels and trading with the padres much as before. David Spence also went into busi ness for himself. In connection with the financial troubles, Hartnell made a trip to Lima, sailing at the end of 1827, probably in the Huascar, and returning in that vessel in July of the following year. 29

Captain Cunningham of the Courier, in conjunction probably with the masters of other American vessels, thought to improve the facilities for coast trade by erecting certain buildings and establishing a kind of trading station on Santa Catalina Island. Cunning-

O C 1 *

ham was ordered by Echeandia to remove the build ings and promised to do so. 30

Ausfuste Duhaut-Cillv, commanding the French

O i/ O

ship Le Ileros, 362 tons, 32 men, and 12 guns, sailed from Havre in April 1826, sent out by Lafitte & Co. on a trading voyage round the world. He was accom panied by Dr Paolo Emilio Botta, afterward famous as an archaeologist and writer. This young scientist s notes on the inhabitants of the Sandwich Islands and

29 Mrs Hartnell, Narrativa, MS., 2-3, says that the rivalry of Cooper, favored by the government, and of Spence soon obliged the firm of McC. , If. & Co. to liquidate. Alvarado, Hist. Gal. , MS. , iv. 145, says that H. paid all the debts of Begg & Co. in Cal. April, McCulloch advises H. to propose to Begg & Co. a reform in the Cal. establishment, including a small vessel on the coast under Mexican flag. Salting hides won t pay, nor will soap and candles. Vallcjo, Doc., MS., xxix. 125. July 1st, P. Viader toll. Speaks of Begg s fail ure, which he has expected for some time. Id., 135. Fears for success of hide business. Id. , 141. Aug. Oth, Begg & Co. say the prospect is bad. Men- doza (?) tallow better and cheaper than that of Cal. Id., 148. Nov. 6th, P. Sarria speaks of H. s voyage, and sends letters of recommendation to friends in Lima, /d., 1G7. Jan. 5, 1828, Spence at Monterey to H. at Lima. Id., 190. May 1st, circular of Begg, Macala, and Hartnell to the padres of California, announcing the dissolution of the firm of McC.,H. &Co., and thatH. will settle all accounts and continue the business for himself. Warm thanks are rendered for past courtesies, and H. is strongly recommended by the former associates. hi, 224. July 14th, H. arrived by the Huascar. Dept. Rcc., MS., vi. 80. July IGth, Cunningham speaks of a protested bill. Vallejo, Doc, , MS. , xix. 257. McCulloch continues his letters to H. Aug. 1st, gov. regrets Begg s want of confidence in Mexican commerce. Id. , 265. Aug. 28th, balance sheet of $5,097 between Begg & Co. and H. Id., 272. More accounts in October. Id., 282. Oct. 18th, certificate that H. furnished $14,397 in tallow, as he agreed in Lima. Id., 283. The correspondence of 1829 is unimportant, but shows that H. still owed considerable money in Lima, and that his creditors were pressing. Id. , passim.

30 Dept. Rec., MS., v. 19; Dept. St. Pap., MS., ii. 22. ​

VISIT OF DUHAUT-CILLY. 129

California were added to an Italian translation of the voyager s narrative, made by liis father, Carlo Botta, also famous as a poet and historian. Lieutenant Ed- mond Le Netrel also wrote a journal, a large part of which has been published. 31

On January 27, 1827, the Heros, coming from Mazatlan, anchored at Yerba Buena. It yet lacked several months of the proper time for obtaining hides and tallow, but the time could be employed in arrang ing bargains with the padres; and while the captain

remained at the port his supercargo, il Signor R ,

visited the missions of the district with samples of goods to be sold. After a month s stay, marked by adventures with grizzly bears and an earthquake, the traders sailed south March 7th, carrying three Indian prisoners condemned to confinement at San Diego. Touching at Santa Cruz, Monterey, Santa Barbara, and San Pedro, they reached San Diego April 18th. Here the supercargo was left, while Duhaut- Cilly made a trip to Mazatlan and back before June llth. II Signor R proceeded northward to San Francisco by land, while the captain, having ex perienced an earthquake, and made a tour to San Luis Rey, anchored at Santa Barbara on the 29th, and at San Francisco on July 17th. During this visit the Frenchman made excursions to Santa Clara, San Jose, and San Francisco Solano. In August they

31 Duhaut-Cilly, Voyage autov.r du monde, principalement a la Californie et aux Isles Sandwich pendant let annces 1S2G, 1S21, 18JS, ct 1S.JO. Par A. Duhaut-Cdly. Paris, 1835. Svo. 428 p. plate. Of this original French edi tion I have only a fragment in my collection, and my references are therefore to the following: Duhaut-Cilly, l T ia /gio intorno al Globo, principalmrnte alia California ed alle isole Sandicich, necjii anni 1826, 1337, 1S28, e IS JO, di A. Duhaut-Cilly, capitano di liuigo corso, can. delta Legion d Onore, ccc. Con Vagnlunta delle osservazioni su<j j i abitanti di quei p-iesi di Paolo EmUio Botta. Traduzione dalfrance.se nelV ituliano de Carlo Botta, Turin, 1841. Svo. 2vol. xvi. 206 p. 11.; 392 p. plates. The portion added to this translation, Botta, Osscriaz oni suyli abitanti deUe isole Sandwich e ddla Cal fornia de Paolo Emilio Botta. Fatte nd suo riaggio intorno al globo col Capitano Duhaut- Cilly, occupies p. 339-92 of vol. ii. ; that part relating to Cal. is found on p. 307-78. lliese notes had originally appeared as Bottu, Observations sur les habitans de la Californie, in Nouv. Annates des Voyages, Hi. 15G-GG. LeXctrel, Voyage autottrdu Monde, etc. Extrait du journal de J/. Edmond Le Petrel, Lieutenant d bord de cevauseau (Le Htros), in Nouvelles Annalesdes Voyages, xlv. 129-82.

Uuz. CAL., VOL. HI. 9 ​

sailed for Santa Cruz and Monterey. Here Duhaut- Cilly found the French ship Comete, which had come over from the Islands, as he claims, at the instigation

of the mysterious and treacherous Sign or R , and

to spoil the trade of the Heros, which venture was a failure, as the author is delighted to observe. In September they were at Santa Barbara, having anchored on the way at El Cojo to receive tallow from Purisima. From San Pedro, about the 22d, the captain, with Botta and a guide, visited Los Angeles and San Gabriel, to feel another earthquake. October 20th, aft or having broken his collar-bone by a fall from a California bronco, Duhaut-Cilly sailed again for Callao, again leaving il Signer II to con tinue his operations on board the Waverly. He came back to Monterey May 3, 1828, made a visit to Bo dega and Ross in June, was at Santa Barbara and San Pedro before the end of that month, revisited Los Angeles and San Gabriel, and reached San Diego on the 3d of July. Finally the Heros sailed August 27th

for the Islands. The Signor R had in the mean

time run away to Mexico.

From the preceding outline of the French trader s movements, it is seen that his opportunities for ob servation were more extensive than those of any for eign visitor who had preceded him. No other navi gator had visited so many of the Californian estab lishments. His narrative fills about three hundred pages devoted to California, and is one of the most interesting ever written on the subject. Duhaut-Cilly was an educated man, a close observer, and a good writer. Few things respecting the country or its people or its institutions escaped his notice. His relations with the Californians, and especially the friars, were always friendly, and he has nothing but kind words for all. The treachery of his supercargo caused his commercial venture to be less profitable than the prospects had seemed to warrant. 32 I have

82 Morineau, Notice sur la Calif omie, 151-2, says that both the Hdros and ​

TRADING FLEET OF 1828. 131

had, and shall have, occasion to cite this author fre quently on local and other topics, and it is with regret that I leave the book here without long quotations.

33

I find notice of thirty-six vessels on the coast in the year 1828, sixteen of which were included in the fleet of the preceding year, and several others had visited California before. Six were whalers. 34 A few meagre items of revenue amount to less than $6,000 at San Francisco and 34,000 at San Diego. In January Echeandia issued an order closing the way- ports, or embarcaderos, except San Pedro, to for eign vessels. 35 This was in accordance with orders from Mexico, and was enforced so far as possible. In July San Pedro was also closed by an order which declared that all coasting trade must be done in Mexican bottoms, that Monterey and Loreto were the only ports open to foreign trade, but that in cases of necessity trade might be permitted at the other presidial ports. 36 In September San Francisco and Santa Barbara were closed provisionally; though ves-

the Comcte brought cargoes, which, besides being too large, were ill-assorted and did not sell well.

33 Mention of the Heros in Dept. Rec., MS., vi. 32; Dept. St. Pap., Ben. Mil, MS., Ixiii. 2; Id., Ben. Prcf. y JILZJ., MS., i. 2. Taylor, in Brown s L. Cal., 43, mentions this voyage.

34 See list at end of this chapter. Vessels of 1828: the Andes, Arab (un der a Russian name), Baikal, Becket (?), Brillante (?), Clio, Courier, Emily, Fenix, Franklin, Fiilham, Funchal, General Sucre, Griffon, Guihale (?), liar- binyer, llcros, Huascar, Karimoko, Kiahkta, Lnper m (?), Magdalena, Maria Ester, Minerva, Okhotsk, Pocahontas, Ratcow, Solitude, Te emacJius, Thomas Nowlan, Times, Verale (?), Vulture, Wellington, Wavcrly, Wilmantic. I have fragments of the Waverb/ f, original log for 1828-9. The author describes, p. 10, a celebration of St Nicholas day on the Russian vessels at Monterey Dec. 17th; also a fandango on shore. Peirce s Roujh Sketch, MS., and Memoran dum, MS., describe the Griffon s voyage as remembered by the author, who was on the vessel. Six vessels at S. F. in January are not named, but de scribed by Morineau as a Russian frigate; a Russian brig of 200 tons loaded with grain for Sitka; an English schooner from Xcw Albion; an American brig of 150 tons from Manila; a Hawaiian brig of 149 tons manned by kana kas; and a Mexican schooner of 100 tons from Sandwich Islands. El Bri llante was at S. Diego from S. Bias, according to this author.

35 Jan. 29, 1828, St. Pap., Sac., MS., x. 104. March 3d, Echeandia. to com. gen. Has been obliged to keep open the four presidial ports and S. Pedro. Dept. Rec., MS., vi. 7.

36 July 8, 1828, gov. s order. Dept. Rec.> MS., vi. 63, 77; Dept. St. Pap. t S. Jost, MS., iv. ​53-4,

sels after discharging their cargoes at Monterey or San Diego might visit the other ports to take away produce, except money and breeding cattle, returning to settle accounts. 37 I find no evidence, however, that this order was obeyed this year. In the correspond ence on revenue the only item worth notice was the reduction of the internacion tax to ten per cent, pre sumably in response to the petition of 1827. 33 The Russians were permitted to take otter on a small scale for joint account of the company and the govern ment. America vessels sought hides chiefly; those from Mexico and Peru gave more attention to tallow, while the Hawaii^ i buyers took away by preference skins and horses. 39

The traders were not pleased at the restrictions which the Californian authorities could not well help enforcing to a certain extent; and they redoubled their efforts at smuggling. In most cases they were successful, not much to the displeasure of any one in California, and without leaving any trace of v their movements in the records; but occasionally by their insolent disregard of appearances even, they came into conflict with Echeandia. Two such instances in par ticular are recorded, that of the Franklin and that of

87 Sept. 30, 1828, gov. s order in Dept. Rec., MS., vi. 103-3; Dept. St. Pap., S. Josd, MS., iv. 72-3. Nov. 2Gth, gov. permits foreign vessels, after dis charging their inward cargoes, to carry lumber from Monterey to Sta Barbara. Dept. li cc., MS., vi. 145. Nov. 30th, E. to min. of war, asking that S. Diego be opened formally and fully to foreign commerce. Id., vi. 52; Dcpt. St. Pap., MS., iii. 208.

8%

after 95.

Feb. 1st, woollen and silk of Mexican manufacture" free/ of duties. Dcpt. St. Pap., Mont., MS., i. 20. Goods still received as duties. Voile jo, Doc., MS., xvii. 9, et passim. Consignees must declare tonnago of vessels on presenting manifest of cargo. Dcpt. Si. Pap., Ben. Com. and Treas., MS., i. 93. June 20th, revenue from maritime duties belongs to the nation; taxes on retail trade to the municipality. Dcpt. Rec., MS., vi. 58. Sept. 30th, tonnage $2.12^ per ton. Id., vi. 103. Avcria duties from July 1828 to June 1829, $250. Mexico, Mem. Hacienda, 1829, doc. 29. Duties were computed by Martinez at S. Francisco, by taking three fifths of the value, and the tonnage was reckoned at $2. 12^ per ton, less two fifths, a deduction for which he waa blamed by the governor. Vallcjo, Doc., MS., i. 157, 1G2. hist. Notes, MS. ​, 13.

the Karimoko*- Captain John Bradshaw of the former had been granted all possible privileges, his supercargo, Rufus Perkins, being permitted to travel by land from mission to mission; 40 but finally in July, at San Diego, he was ordered to deposit his cargo in the warehouse as security for duties, and pending the in vestigation of charges. He was accused of notorious smuggling on the Lower Cahfornian coast; 41 of having illegally transferred the cargo of another vessel to his own; of having touched at Santa Catalina in defiance of special orders; of having refused to show his in voices or make a declaration; and of insolence to the governor. Bradshaw and Perkins, being on shore, promised obedience to the order; but asked permission to go on board to make the necessary preparations, and when there refused to leave the vessel, laughed in the face of the Californians sent to convey and enforce so far as possible by threats Echeandia s order, and on July llth changed anchorage to a point near the entrance of the harbor. The governor circu lated a warning to the padres and others to deliver no goods to the Franklin should she escape, 42 as seemed likely to happen, though Bradshaw still promised sub mission to legal proceedings. Meanwhile Echeandia prepared to put a guard on the vessel, and applied to Duhaut-Cilly for a boat. The French captain could not refuse, but warned Bradshaw and interposed de lays. On the morning of the IGth the Franklin cut her cable and ran out of the port, the officers and crew shouting their derision of the Mexican flag as they passed the fort. Forty cannon-balls were sent after the flying craft, with no apparent effect; but

40 May 7, 1828. Dept. Rec., MS., vi. 200.

41 A warning had come from Lorcto in May. Dcpt. Re.c., MS., vi. 203. Du haut-Cilly, riaygio, ii. 194-200, who was at S. Diego at this time, denounces one Wm Simpson, a man whom Bradshaw had befriended, for having treacher ously exposed the Yankee captain s crimes. He says there was some trouble about a deposit of cargo to secure duties, but that it would have been amica bly arrange;! but for Simpson s act.

4J July 12, 1828, gov. to comandantes, alcaldes, and padres. The Frank lin is to be detained, if possible, should she dare to enter any port. Dept. St. MS., ii. 59-60. ​

Duhaut-Cilly met her a little later at the Islands, and learned that two balls had entered the hull, two had damaged the rigging, and that Bradshaw had been wounded. 43

The affair of the Hawaiian brig Karimoko occurred also at San Diego late in the autumn. John Law- lor, or Lawless, as it is often written, was master of the vessel. He it was who, after having employed Domingo Carrillo to teach him Spanish, presented himself to Echeandia to ask for a passport in the following terms: "Buenos dias, Sefior General; mi quiero to voy to the missions y comprar cueros y grease con goods ; please mi dar permission. Si quieres, quieres ; y si no, clejalo. Adios, Senor General." 44

43 June 14th, ISth, July 9th, llth, 12th, 13th, 14th, 16th, 23d, gov. s com munications on the subject. Dcpt. Rec., MS., vi. 23, 32, 50, 01, 03-8, 72-3. Dn- hau(,-Cilly, Vici jrjto, ii. 104-200. Further records dated in December respecting the credits, etc., left behind by Bradshaw. Dcpt. Rec., MS., vi. 53, 150-1, 102. In 1 84 1 a claim for damages was pending before the mixed commission in Wash ington. VaUcJ3, Doc. , M S. , x. 131. On this affair of the Franklin, as in several other matters, the testimony of James 0. Pattie, who was at S. Diego at the time, has to be noticed separately, since his statements are of such a peculiar char acter that they can neither be omitted nor used with other evidence ia build ing up my narrative. ( Sec next chapter for notice of Pattie s book.) Bradshaw and Perkins were at S. Diego in March and April, and tried to aid Pattie, partly as a countryman, and partly in the hope to get some furs which the trappers had left on the Colorado. Bradshaw employed Pattie as a translator, securing his occasional release for that purpose. In April or May ho made a trip in his vessel to Monterey. June 27th, his vessel was seized for smug gling. In the following examination of officers and crew Pattie served as in terpreter ( Dice el Americano James Ohio Pettis, quo sirvio de interprete a dicho capitan, dice quo supo tenia este el proposito de largarsc furtivamcnte y de haccr fuego sobre la guarnicion si impedia su salida. Dcpt. Rec., MS., vi. 73), and was requested by Capt. B. to make the testimonies of his crew as nearly correspond and substantiate each other as possible; for some of them were angry with him, and would strive to give testimony calculated to con demn him. I assured him I would do anything to serve him that I could in honor ! The taking of depositions was completed July 28 th (Bradshaw had really sailed on July IGth). Capt. B. told Pattio of his intention to run out if the vessel were condemned, and offered him a passage on. the Franklin. In September Bradshaw was ordered to land his cargo, but refused. Pattie was again employed as interpreter; and warned the captain and supercargo on Sept. llth of a plan he had overheard to arrest them, thus enabling them to escape on board. A few days later lie slipped anchor and ran out of the port under a heavy shower of cannon-balls from the fort. When he came oppo site it ho hove to and gave them a broadside in return, which frightened the poor engineers away from their guns. His escape was made without suffering any serious injury. Their- ( three ? ) shots entered the hull of the vessel, and the sails were considerably cut up by the grape. Potties Narr., 179, 185, 189-

4t Vallejo, Tfiftt. CaL, MS., ii. GO-1. It is said to have been Lawlor s practice to hide ubout seven eighths of his cargo at some out-of-the-way spot oil ​

On this occasion he had anchored at San Pedro and departed without paying 81,000 of duties. He had, in spite of repeated warnings, touched at Santa Cata- lina Island, and had even deposited goods there, besides breeding animals, the exportation of which was contra bando. The sails of the Karimoko were seized, and then Lawlor was ordered to go with part of his crew to bring over the island goods and live-stock, which were to secure the payment of the duties in arrears. He made all manner of excuses and pleas, including the suggestion that he could not make the trip without sails, and that his men on the island would starve if not relieved soon. The Maria Ester was employed to carry Santiago Argtiello as investi gating officer to Santa Catalina, and perhaps to bring over the effects; at any rate, Lawlor got a document in December certifying that all his duties had been paid; but in January of the next year he was again warned to quit the island of Santa Catalina within twenty-four hours. 45

There we re twenty-three vessels on the Californian coast in 1829, besides four doubtful English craft in Spence s list, eleven belonging to the fleet of 1828, only six appearing for the first time in these waters, and one beinof built in California. 46 Records of revenue

the coast or islands, and come to port with one eighth to get permission to trade.

45 Oct. 28, Nov. 5, 1823, gov. to Argiiello. Dept. Rcc., MS., vi. 121-2, 124. Nov. Cth. Id. to Virmond, to charter the Maria Ester. Id., 129. Dec. 1st, Id. to Lawlor. Id., 147. Dec. 13th (3d?), Id. to Id., ordering him to pay duties and break up the island establishment. Id., xix. 157. Dec. 5th, Id. to Id., arguing the case, with substance of Lawlor s communication. It seems that Lawlor pretended not to have been captain at the time of the S. Pedro transaction. /</., vi. 149. Dec. 9th, receipt in full for duties. Id., 154. Jan. 8th, 1S29, gov. warns Lawlor to quit the coast. Id., vii. 54.

40 Sec list at end of this chapter. The vessels of 1829 were the Atvins (?), American (?), Andes, Ami (?), JJa kal, Brookline, Dhaulle, Franklin, Ftmchal, Indian (?). James Coleman (?), Joven Anyustias, Kiahkta, Maria Ester, Ok- hitsk, Planet, Rosalia, Sta Barbara, Sustain (?), T,imaahmaah, Thomas Now- Ian, Trident, Volunteer, Vulture, Warren, Waihinfjton, Waverl;/, Wilmington; also a Hawaiian schooner not named, Win Araloii master, at S. Pedro in September. According to the Honolulu Frie.ul, ii. 49-50, 4 vessels had ar rived from Cal. in 1827, 5 in 1828, but none in 1829; 2 ​in 1830.

receipts are still more meagre than for preceding years. 47 There was little or no change in commercial regulations; but the governor showed a disposition to enforce the orders of 1828 making Monterey and - provisionally San Diego the only ports free to for eign vessels; and allowing such vessels to trade at the other ports only by special license and under strict precautions; that is, in a few instances a trader might carry goods duly examined and listed at Monterey or San Diego to other ports for sale by paying the ex pense of a guard to remain on board and watch each transaction. 4S Something very like a custom-house was therefore maintained at Monterey and San Diego, each under a comisario subalterno, Osio and later Jiineno Casarin at the capital, and Juan Bandini in the south. 43 A treaty between Mexico and England, by which English and Mexican vessels were put upon terms of equality in respect of duties, was forwarded from San Bias in July; but I find no evidence that the document had any effect in California. 50

47 Custom-house records seem to make the total receipts at S. Diego $117,207 for the year. Dc)>t. St. Pap., Den. Oust. -I I., MS., i. passim. Total revenue at S. Francisco to May 31st, $1,177; at San Diego, $2,000. In De cember for S. F., $1,204; for S. Diego in August, $326. Ue.pt. St. Pap., Ben. MIL, Ixix. 27-9. Gale states in a letter to Cooper, of May 10th, that the duties on the DrooU/ne s cargo were $31,000, of which 20,000 have been paid. Vallejo, Doc., xxix. 354.

48 Gov. s instructions of various dates. Dept. Eec., MS., vii. 14, 81, 100-1, 116; Dftpt. St. Pap. , MS. , ii. 04-5. July 29th, min. of hacienda on the details of clearing national vessels for the coasting trade. Vallejo, Doc. Hist. Cat., MS., i. 180.

4<J /?. Pup., Sa>\, MS., xix. 40-7. Rather strangely, Gen. Vallejo, not only in his ilitt. Ceil., but as early as 1307, Exposition, MS., 5-6; Doc. Hist. (JaL, MS., iv. 293, represents the regular custom-house as having been established at S. Diego, and not at Monterey; but there is abundant evidence to the con trary in contemporary documents. April 4, 1829, sup. govt allows state authorities to appoint customs visitadorcs at $4.50 per day on federal account. Arrillatja, llerop., 1829, 56-7. July 29th, Mcx. custom-house regulations. Id., 13o3, 502 -G. Sept. 29th, regulations on ships manifests, etc. Id., 1829, 245-9. Sept. 33th, decree ordering the establishment of a maritime custom house in Alta California, under a vbitador, subject to the com. gen. de Occi- dcnte. The president has appointed Hnfael Gonzalez administrator; Jimeno Casarin as contador; Francisco Pac ieco, comandante of the guard; and Mau- ricio Gonzalez, guarJa, at salaries of $1,GOO, 8800, and $150. Id., 1829, 249- 51; Doblan and Lozano, Lj. Mcx., ii. 175-G; Mexico, Mem. Hac., 1831, annex 9, p. 43.

00 July 17, 1829, Jose" Maria Lista, S. Bias, to captain of the port, of Mon terey. Dept. St. Pap., MS., ii. 94. ​

Most notable among the vessels of the year was the Brookline, the successor of the Sachem, brought out by Win A. Gale for Bryant, Sturgis, & Co., of Boston, and bringing probably the largest and best- assorted cargo of miscellaneous goods that had ever been offered to the Californians. Sailing from Boston in July 1828, she arrived at Monterey in February 1829. Alfred Robinson, who published a narrative of his voyage and life in California, in 1885 a resident of San Francisco, and probably the oldest American pio neer of California at this date living, came in the Brook- line as supercargo s clerk. Gale was disappointed at the restrictions that had been imposed on foreign com merce since he left the coast, and which bade fair to interfere with the success of his trip; but his wares, and his prospective duties of $30,000, were a tempting bait; and without much difficulty he concluded an arrangement with Echeandia, by which he acquired practically all the privileges of old, was allowed to visit all the ports, and to pay his duties in goods. 61 Jose Estudillo was put on board with two or three soldiers, at Gale s expense, to watch proceedings, and prevent irregularities at Santa Barbara, San Pedro, and San Francisco. It would perhaps be uncharita ble to suggest, in the absence of proof, that these employees may have served Gale more faithfully than they did the revenue officers. 52 Gale was not satis fied with the manner in which he was treated, form ing an unfavorable opinion of Echeandia s abilities and honesty, and suspecting favoritism toward his business

51 Robinson 11 * Statement, MS., 2-6, in which the writer gives many interest ing iteins about the methods of trade in those days. Robinson s Life in Cali fornia, 7-14, where the author speaks of the affair of the Franklin as having complicated matters by exasperating the authorities. Mention of arrival and movements of the Drookline, permission to trade, etc., in Dept. flee., MS., vii. 100, 110, 158, 191; Vallejo, Doc., MS., i. 170; xxix. 316; Dept. St. Pap., Ben. Pref.yJu~.fj., MS., i. 22 ; Waverl;/, Voy., MS.

52 April 23, 1829, Echeandia s instructions to Estudillo and the guard. All trading was to be done on board. E-4rdillo, Doc., MS., i. 240; Dept. Rec., yii. 138-9. July 13th, E. to com. of Monterey, on the privileges granted to Gale and the precautions taken. Dept. fit. Pap., MS., ii. 95-6. Sept. 12th, Gale allowed to cut wood. Vallejo, Doc., MS., xxix. 412. Mar. 28th, Gale announces the plan to Cooper. Id., 336. ​

rival, Hartnell; } 7 et he seems to have clone this year and the next a larger business than any other trader. 53 An interesting circumstance connected with the Brooklines visit was th raising of an American flag at San Diego, noticed in the newspapers on the au thority of Captain James P. Art her. 5i He had visited California before in the Harbinger, was mate of the Brooldine, and, like George W. Greene, one of his companions, was still living in Massachusetts in 1872. "Arthur and his little party were sent ashore at San Diego to cure hides. They had a barn-like structure of wood, provided by the ship s carpenter, which an swered the purposes of storehouse, curing-shop, and residence. The life was lonesome enough. Upon the wide expanse of the Pacific they occasionally dis cerned a distant ship. Sometimes a vessel sailed near the lower offing. It was thus that the idea of preparing and raising a flag, for the purpose of at tracting attention, occurred to them. The flag was manufactured from some shirts, and Captain Arthur writes, with the just accuracy of a historian, that Mr Greene s calico shirt furnished the blue, while he fur nished the red and white. It was completed and

53 Gale s letters, chiefly to Cooper, in Vallcjo, Doc., MS., xxix. 325, 331, 336, 353, 354, 3S3, 400, 412, 434, 444. Feb. 22d, will begin to kill bullocks to-morrow. Wishes Cooper to see Holmes and learn the particulars of the Franldin affair. March 15th, comisario entrapped him into paying $800 ton nage. The governor s license to trade is opening the door just enough to catch my fingers and jamb them. March 2Sth, wishes his intention to remain trading on the coast to be made public. May 8th, speaks of Hartnell s protested bills. May ]0th, is doing a good business. The whalers by smug gling injure legitimate trade. S. Diego is the centre of hell for strangers; suspects underhand work in his duties. Will bring no more American cottons to Cal. Is not allowed to touch at Sta Catalina, and is drinking Monterey water. Complains of Echcandia. July 19th, hopes Cooper will not lose his head in the revolution. Sept. 12th, trade dull. Oct. Cth, will despatch the Brooldine sooner than he anticipated. Will pay $25 for large otter skins. Oct. 31st, can undersell Hartnell, even if he can pay uuties in his ow r n way. The Franldin business will do harm. Speaks of H. s protested bills. Does not believe II. honorable enough to pay, or that justice can be got under the present imbecile government. His suspicions of underhand work in appraise ment arc confirmed. Has raised the anchor left by the Franldin, but had to give it up to prevent trouble. Hopes a new gov. will come soon.

51 Capt. Arther in a note dated South Braintree, Mass., Sept. 24, 1872, in which he regrets his inability to write his recollections of the affair, encloses a clipping from the Boston Advertiser of Jan. 8th. See also mention in &. F. Call, July 8, 1877. ​

raised on a Sunday, on the occasion of the arrival of the schooner Washington, Captain Thompson, of the Sandwich Islands, bat sailing under the American flag. So writes honest Captain Arthur. He further states that the same flag was afterwards frequently raised at Santa Barbara, whenever in fact there was a vessel coming into port. These men raised our national ensign, not in bravado, nor for war and con quest, but as honest men, to show that they were American citizens and wanted company. And while the act cannot be regarded as in the light of a claim to sovereignty, it is still interesting as a fact, and as an unconscious indication of manifest destiny." 55

Charles Lang, an American, with two sailors and two kanakas, was found in a boat near Todos Santos and arrested. He said he had come from the Sand wich Islands in the Alabama, with the intention of settling somewhere in California. The captives were brought to San Diego; and as Lang s effects, includ ing a barrel-organ and two trunks of dry goods, seemed better adapted to smuggling than to coloniza tion, they were confiscated, 53 and sold in June. The case went to Mexico, and afterward to the district judge at Guayrnas, with results that are not apparent.

Among the vessels named as making up the fleet of 1829, there was one built at Santa Barbara, and named the Santa Barbara. This was a schooner of

55 Boston Advertiser. It is well enough to regard this as the first raising of the stars and stripes, in the absence of definite evidence to the contrary; though such an event is by no means unlikely to have occurred before.

06 Feb. 1829, investigation by Lieut. Ibarra at Echeandia s order. Dept. St. Pap., Ben. Mil., MS., Ixix. 10-13, 25; liii. 90. The min. of war sent the case back on June 13th to be referred to the Guaymas judge. June 1st, Bandini ordered to sell the goods. Gov. says: After deducting the duties and 10 % due me as judge, you will allow me one half as dcsciibridor and promovedor, and one half of the rest as apr.hensor; the remainder you will take for having assisted at the taking ! Dept. Rec., MS., vii. 109. Lang seems to have gone to Mazatlan on the Washington. Vallejo, Doc., MS., xxix. 332. Lang was at S. Diego secretly on Dec. 24, 1S2S, where he met Pattie the trapper, and told him of his smuggling and otter-hunting purposes. He said he had a boat down the coast, and his brig had gone to the Galipagos for tortoise-shell. Pattie concluded to join Lang, but on going do\yn to Todos Santos a few days later, found that he had been arrested. Pattie s Narr., 208-10. ​

thirty-three tons, built for Carlos Carrillo and Will iam G. Dana for the coasting trade and for otter- catching. After certain delays and formalities, Eche- andia granted the desired license for trade in August. Jose Carrillo was to be the captain, and the crew six men, more than half of whom must be Mexicans. Little is known respecting the career of this early probably earliest product of California!! ship-yards. 57

Here I may introduce the romantic episode of Henry Fitch s marriage to a daughter of California, a lady still living in 1880. The young American sailor had first arrived in 1826, and had soon surrendered to the charms of Dona Josefa, daughter of Joaquin Carrillo of San Diego, who in turn was won, as she states in a narrative written fifty years later, 53 by the handsome person and dashing manners of the captain. In 1827 he gave her a written promise of marriage. There were legal impediments on account of the fact that Fitch was a foreigner; but the young lady s par ents approved the match, and a Dominican friar con sented to perform the ceremony. It was hoped there would be no interference by either civil or ecclesias tical authorities, yet a degree of secrecy was observed.

57 May 8, 1829, Echeandia orders the construction stopped until a proper permit is obtained. Dcpt. Rcc., JSIS., vii. 166. May 29th, gives the permit. Register must be obtained through the com. of Sta Barbara. Id. , vii. 166. Aug. 12th, grants license for trading for one year. Id., vii. 215-16. May 13th, E. had written to Mex. on the subject. Id., vii. 10. Michael White, California, MS., p. 14-15, says that he built the schooner, with the aid of his cousin Henry Paine, for Capt. Gucrra in 1830, out of materials saved from the wreck of the Danube; and that Thomas Robbins commanded her./ After finishing this vessel, they built another of 99 tons for S. Gabriel, named the Guadalupe. A note in Robbing Diary, ^IS., mentions the building of the Sctnfd Barbara in 1830, for Carrillo and Dana at La Goleta, or Hill s Rancho. The Danube, appears not to have been wrecked until the spring of 1830, but this is not quite certain. In Carrillo (J.), Doc., MS., 25, 27, 32, it is stated that . Jose" el Americano (Chapman) was at work on a schooner for P. Sanchez of S. Gabriel in Sept. 1830; and that Guerra resolved to build another from the wreck of the Danube, but gave up the idea at the end of the year.

5s Fttch, Narration de laSra vinda del Capif.an Enrique D. Fitch, MS., dic tated in 1875 by the lady at Hcaldsburg for my use. Some oriirinal papers relating to the marriage are annexed, including an authenticated copy of the marriage certificate. ​

As an essential preliminary, Padre Mcnendez baptized the American, April 14, 1829, at the presidial chapel of San Diego. 59 The friar promised to marry the couple the next day; preparations were made, and a few friends assembled late in the evening at the house of the Carrillos. 60 At the last moment, however, Domingo Carrillo, uncle of the bride, refused to serve as witness; the friar s courage failed him, and the ceremony could not proceed. 61 Neither the argu ments and angry ravings of the. Yankee novio nor the tears and entreaties of the novia could overcome the padre s fears and scruples; but he reminded Fitch that there were other countries where the laws were less stringent, and even offered to go in person and marry him anywhere beyond the limits of California. " Why don t you carry me off, Don Enrique?" naively sug gested Dona Josefa. Captain Barry approved the scheme, and so did Pio Pico, cousin of the lady. The parents were not consulted. Fitch, though some what cautious on account of his business relations and prospects on the coast, was not a man to require urg ing. Next night Pio Pico, mounted on his best steed, took his cousin Josefa up on the saddle and carried her swiftly to a spot on the bay-shore where a boat was waiting ; the lovers were soon re-united on board the Vulture;* 1 and before mornin were far out on

59 Arch. St r t B., MS., xii. 345. Enrique Domingo Fitch, Domingo being substituted for Delano at baptism, was a son of Beriah and Sarah Fitch of New Bedford. Alf. Domingo Carrillo Avas godfather.

6:1 Besides the immediate family, there were present Domingo Carrillo, Capt. Richard Barry, Pio Pico, and Maximo Beristain. Fitch, Causa Crim inal, MS., 345.

61 This is the version given by Fitch and his wife in their testimony of the next year. There is another version authorized by the lady herself, Fitch, Narr.icion, MS., 4, and given by Vallcjo, Hist. Ca!., MS., ii. 117-22; Vallcjo (J. J.), Iteminixcencias, MS., 103-7; and Pico, Hist. Ca!., MS., 21-4, to the effect; that when nil was ready and the padre had begun the service, Alf. Domingo Carrillo, aid to the governor, appeared end forbade the marriage in Echeandia a name. It is also more than hinted that Echcandia s motive was jealoucy, since the fair Josefa had not shown due appreciation of his own attentions.

c - Both the Vulture and the Maria Ester, the latter under command of Fitch, were on the coast at the time and apparently at S. Diego, for it was the pi oto of the Maria Ester who took the lady in his boat. Why Fitch did not bail in his own vessel does not appear; but Mrs Fitch says ​they went in

the Pacific. They were married on the evening of July 3d at Valparaiso, by the curate Orrego, Capt. Barry being one of the witnesses. Subsequently they returned to Callao and Lima.

The elopement of Seiiorita Carrillo was naturally much talked of in California; rumors were current that she had been forcibly abducted from her home, and the ecclesiastical authorities were greatly scan dalized. Next year, however, Fitch made his appear ance in command of the Leonor, having on board also his wife and infant son. He touched at San Diego in July 1830, and thence came up to San Pedro. Here he received a summons from Padre Sanchez at San Gabriel, vicar and ecclesiastical judge of the territory, to present himself for trial on most serious charges; but he merely sent his marriage certificate by Virmoncl for the vicar s inspection, and sailed up the coast for Santa Barbara and Monterey. Sanchez at once sent an order to Monterey that Fitch be arrested and sent to San Gabriel for trial, Dona Josefa being deposited in some respectable house at the capital. This order was ex ecuted by Echeandia at the end of August on the ar rival of the Leonor. 63 The lady was sent to Captain Cooper s house, and the husband was placed under arrest. He claimed, however, to be unable to travel by land. He protested against imprisonment as ruin ous to his business, complained that the trial had not been begun at San Diego, and asked that at least he might be allowed to travel by sea. Jose Palo- mares, to whom as fiscal Padre Sanchez submitted this request, gave a radical report against Fitch Septem ber 17th, declaring him entitled to no concessions, his offences being most heinous, and his intention being evidently to run away again. Yet Sanchez concluded to permit the trip by sea, on "Virrnond becoming

the Vulture, and the part taken by Capt. Richard Barry in the matter con firms her statement.

"Aug. 29, 1830, E. s order to Alf. Kieto to arrest Fitch. Dept. Rcc., MS., viii, 98. ​

bondsman for the culprit s presentment in clue time; and on December 8th Fitch arrived at San Gabriel, and was made a prisoner in one of the mission rooms. Meanwhile Mrs Fitch petitioned Echeandia at the end of October for release, and permission to go south by sea. The governor consented, and Dona Josefa sailed on the Ayacncho for Santa Barbara, whence she proceeded on the Pocahontas to San Pedro, arriv ing at San Gabriel on November 24th, where she was committed to the care of Eulalia Perez of later centenarian fame. When her husband came, the house of Dona Eulalia was deemed too near his prison, and Josefa was transferred to the care of Mrs William A. Iliehardson. The fiscal pronounced Echeandia s act a gross infringement on ecclesiastical authority, declared him a culprit before God s tribunal, and urged that he be arrested and brought to trial. But Vicar Sanchez, though taking a similar view of Echeandia s

O O

conduct, thought it best, in view of the critical con dition of affairs and the nearness of the time when Victoria was to take command, not to attempt the governor s arrest.

In December, Fitch and his wife were repeatedly interrogated before the ecclesiastical court, and Fiscal Palomares for a third time ventilated his legal learning. He now admitted his belief that the motives of the accused had been honest and pure, also that the affair might be settled without referring it to the bishop, but still maintaining the nullity of the marriage. 6 " 4 Fitch presented in his own behalf an elaborate argu ment against the views of the fiscal, complaining of his business losses, and of the threatened illegitimacy of his son, but for which he would be glad to have the marriage declared null and to marry over again.

64 The objections to the marriage certificate of which I have the authen ticated copy made at this trial were that it was slightly torn and blotted; that it included no statement of the city or church where the ceremony was performed; that the paper was neither legalized before 3 cscribanos, nor visdcl by the Chilian minister of foreign affairs. Moreover, P. Orrego. not being the curate of the parties, could not marry them without a dispensation from the ​bishop.

Many witnesses were examined, both at San Gabriel and Sari Diego. On the 28th of December the vicar rendered his decision, Cliristi nomine invocato, that the fiscal had not substantiated his accusations; that the marriage at Valparaiso, though not legitimate, was not null, but valid; that the parties be set at liberty, the wife being given up to the husband; and that they be velados the next Sunday, receiving the sacraments that ought to have preceded the marriage cere mony. "Yet, considering the great scandal which Don Enrique has caused in this province, I condemn him to give as a penance and reparation a bell of at least fifty pounds in weight for the church at Los Angeles, which barely has a borrowed one." More over, the couple must present themselves in church witli lighted candles in their hands to hear high mass for three dias festivos, and recite together for thirty days one third of the rosary of the holy virgin. Let us hope that these acts of penance were devoutly per formed. The vicar did not fail to order an investiga tion of the charges against Padre Menendez, who had acted irregularly in advising the parties to leave the country; but nothing is recorded of the result/

65

Only seventeen vessels are named in the records of 1830, besides four that rest on doubtful authority; so that commercial industry would seem to show dimin ished prosperity ; yet the records of this final year of the decade are less complete than before. 66 A Mexican report makes the revenue receipts at San Diego for

65 Fitch, Causa Criminal seguida, en d Jm;jado Edesidstico y Vicaria Ford-

documents, of which I have given a brief resume", is the original authority on the whole matter. Jan. 9, 1831, Fitch writes from San "Gabriel to Capt. Cooper, denying the rumors current at Sta Barbara that he was doing penance; says P. Sanchez treated him very well, and seemed anxious to let him off as easy as possible. He has had trouble with the parents of Dona Josefa, who abused her, and he will not leave his wife with them. Vallcjo, Doc., MS., xxx. 171.

(;G See list at end of this chapter. The vessels of 1830 were the Ayacucho, Brookline, Catalina (?), Chalcedony (?), Convoy, Cyrus. Danube, Dryad, Emily, ​

TRADE IN 1830. 145

the year $22,432, while the custom-house records seem to make the amount $36,875. 67 No vessel of the year seems to require special notice, neither were there any important modifications in trade or revenue regulations. Commercial and maritime annals of 1830 are thus wellnigh a blank. 63 I append an alphabet ical list of all the vessels, about 100 in number, be sides doubtful records, touching on the coast in 1825- 30, with such items about each as are accessible and apparently worth preserving. I might add the dates at which all the vessels, or most of them, touched at the different ports on their successive trips; but the information would be of great bulk and little real value. 69

Funchal, Globe, Jura, Leonor, Maria Ester, Planet, Pocahontas, Sermr/apa- tan (?), Thomas Nowlan, Volunteer, Washington (?), Whaleman.

67 Unsueta, Informe, 1829, doc. 9. Dept. St. Pap., Den. Cust.-H., MS., i. passim.

68 A few miscellaneous notes of minor importance are as follows: Feb. 19, 1830, one sixth of duties deducted in case of national vessels from foreign ports. Dept. Rec., MS., viii. 22. April 23d, agreement between J. C. Jones, Jr., and Cooper, by which the former is to furnish a vessel under Mexican flag, for coasting trade, collecting furs, otter-hunting, etc., to be carrried on by the two in partnership. Vallejo, Doc., MS., i. xxx. 45. Nov. 24th, gov. says the vice-president complains that many vessels becoming nationalized do not comply with the laws requiring officers and one third of the ci*ew to be Mexicans a necessary formality to reduce the duties. Dept. lice., MS., viii. 125. Aug. 17th, action of the dip. regulating the duties on timber exported the proceeds belonging to the propios y arbitrios fund. Ley. Rec., MS., i. 160-7. Mar. 31st, Mex. law on seizure of contraband goods. Arrillagn, Recop., 1831, 227-33. Aug. 24, law on consumption duty on foreign goods. Id. , 1831, p. 233- 6. Mexicans engaged in taking otter have no duties to pay to national treas ury. Two citizens of Sta Barbara were engaged in the business at the islands. Dept. St. Pap., Ben. Mil., MS., Ixxxviii. 4. June 30th, J. B. Lopez allowed to take otter, paying from 1 to $3 per skin to the territorial treasury. Dept. JRec., viii. 52, 130. In June Mancisidor writes to Guerra very disco uragingly respecting the prospects of the trade in Cal. hides and tallow. This state of things was largely due to the inferior quality of the Cal. products, resulting from the carelessness of excessive speculation. All dealers suffer, and some will be ruined. Cal. hides bring less than those of Buenos Aires, being too dry and too much stretched. Guerra, Doc., lli*l. Cal., MS., vi. 140-1.

09 List of vessels in Californian ports, 1825-30:

Adam, Amer. ship, 296 tons; Daniel Fallon, master; at S. Francisco in Oct. 1826.

Alliance, Amer. ship; doubtfully recorded as having arrived at Monterey in Oct. 1826.

Alvin*, doubtful whaler of 1829.

America, doubtful whaler of 1829.

Andes, Amer. bi ig, 122 or 172 tons; Seth Rogers, master; on coast from spring of 1828 (perhaps autumn of 1827) to spring of 1829; paid 430 at ​

U6 MARITIME AND COMMERCIAL AFFAIRS.

Mont. , and was in some trouble about duties at S. Diego, where she loaded salt meat.

Ann, Engl. ship; Burnie, master; in Spence s list for 1829. .

Apo/lo, whaler; at Sta Cruz, 1825.

Aq. iiles, Span, man-of-war; Pedro Angulo, com.; at Sta B. in May 1825. (See text.)

Arab, Amer. brig. My fragment of her original log ends Jan. 5, 1825, at Pt Pinos. She re-appeared under a Russian name in 1828, having beeu sold to the Russ. Co.

Argoxy, Russ. brig, 140 tons; Inestrumo, master; at Monterey and Bodega in 1820, from Sitka.

Asia, Span, ship of war, 70 guns, 400 men; Josd Martinez, com.; surren dered at Mont., 1825; also called San Ger6iiimo. (See text.)

Ayacticho, Engl. brig, 232 tons; Joseph Snook, master; arr. Mont, from Honolulu in Oct. 1830. (See later lists.)

Baikal, Russ. brig, 202 tons; up and down the coast from Ross to S. Diego each year from 1823 to 1830; Beuseman master, and Khle bnikof super cargo, in 182G; paid 1,210 at S. Diego; Etholin, master in 1828; brought vaccine matter in 1829.

Dccke f , Hamburg brig; doubtfully recorded as having trouble about smug gling at S. Diego in 1828.

JJenr/al, Engl. ship; in Spence s list for 1825.

Blossom, Engl. explor. ship: Beechcy, com.; at S. Fran, and Mont, in autumn of 1820 and 1827. (See text.)

B nl! ante, perhaps at S. Diego from S. Bias in Jan. 1828.

Brooldinc, Amcr. ship, 370 or 417 tons, from Boston; Jas 0. Locke, master; Wm A. Gale, sup.; Alf. Robinson, clerk; Arther, mate; Bryant & Sturgis, owners; arr. Mont. Feb. 1829; paid $31,000 at S. Diego; wintered on the coast until 1830. (See text.)

Cadboro, Engl. schr, 71 tons; Simpson, master; at S. Fran, from Colum bia Riv. Dec. 1827.

Catalina, Mex. brig; C. Cristen, master; Eulogio Celis, sup.; doubtful record in Hayes list, 1830.

Chalcedony, bark; Jos Steel, master; doubtful record of 1830.

Charles, Amer. whaler, 301 tons, 21 men; S. Fran. 1820.

Clio, Amer. brig, 179 tons; Aaron W. Williams, master; came in 1828 to load with tallow for Chili.

Comtte, French ship, 500 tons, 43 men; Antoine Placiat, master; came in 1827 as a rival to the Jftros; tonnage atMazatlan; duties, $1,048 at Sta B.

Constant?, Span, man-of-war; surrendered with the Asia at Mont, in 1825.

Convoy, brig; at S. Fran, in Oct. 1830, paying 8321.

Courier, Amer. ship, 200 or 293 tons; Wm Cunningham, master; Thos Shaw, sup.; Geo. W. Vincent on board; on the coast from 1826 (possibty 1825) to 1828, paying $937. $1,580, and $180 in duties on different occasions.

Cyrus, Amer. whaler, 320 tons, 22 men; Dav. Harriens, master; at S. F. in 1826; also at Sta B. Dec. 1830, with 1,500 bbls oil, to be coopered at S. Diego.

Danii.be, Amer. ship from N. Y. ; Sam. Cook, master; arr. early in 1830, and was soon wrecked at S. Pedro; hull sold for $1,761 and cargo for $3,310 in Feb. to Dana and Guerra.

Dhaulie (or Dolly?), Amer. brig; Wm Warden, master; at Mont. July 1829, from Honolulu; carried 47 horses to the Islands.

Don, whaler; at Sta B. 1325.

Dryad, Engl. brig, from Columbia River; arr. Mont. Dec. 22, 1830.

Ear/lc, Amcr. schr; at Sta B. Jan. 1825 (re-named Sta Apolonia, q. v.)

Elena, Russ. brig; Moraviof, master; 16 guns, 49 men, 10 officers; Karl von Schmidt and Xicolai Molvisto, passengers; wintered at S. Fran. 1S25-G.

E/iza, Engl. brig; J. Morphcw (or Murphy), master; 1825-6; $9,500 of cloth to McC., IT. & Co.; paid $1,112 duties at Sta B.

Emi. y Marham; at Sta B. Sept, 1828, from Sandw. Isl.; took prisoners from Sta B. iu Feb. 1830; perhaps had returned in autumn of 1829. ​

MARINE LIST 1825-30. 147

Factor, Amer. whaler; John Alexy, master; at 8. Fran. 1825.

Fa. orlte, Engl. whaler, 377 tons, 35 men; John Fort (Ford?), master; at Sta 13., fi-om London, Oct. 1827.

Fe.clx, whaler, 30J tons; Win Ratiguende (?), master, 1828.

Franklin, Amcr. whaler, 294 tons; Win Coliin, master; at 8. Fran. 182G.

Franklin, Amcr. ship, 333 tons; John Bradshaw, master; Rufus Perkins, and later J. A. C. Holmes, sup.; on the coast from 1827 to 1829. (See text for her trcuMcs at S. Diego in 1823.)

Falkarn, Lngl. brig; \ irmond, owner; came for hides and tallow, and win tered 1G27-8.

Flinched, Engl. brig, 190 tons; Stephen Anderson, master, owner, and sup.; 0:1 the const from autumn of 1828 to Feb. 1830, sailing from S. Pedro with 10, 400 hides.

General Lravo, Mex. brig, 100 or 180 tons; Melendez, master; at Mont. Oct. Dec. 1820, with tobacco.

General Sucre, Amer. brig; Carlos Pitnak, or Pitnes (?), master; left a deserter ,S. Diego, 1828.

Globe, Amer. brig, 190 tons; Moore, master; at Monterey 1830, for Guay- maa.

Golornin, Russ. brig; at Mont. Dec. 1827.

Grij/bn, Amer. brig, from Honolulu; Pcirce, master, 182S.

Gulbale (or Gaibale?), Amer. schr, 121 tons; Thos Robbins, master; at Sta B. April 1S2S.

Ilar/ inger, Amer. brig, 180 tons; Jos Steel, master and consignee; Thos B. Park, sup.; two trips from the Islands in 182G-S; paid $i50, 570, $1,250; carried away two fugitive friars in Jan. 1S2S.

II electing, doubtful whaler of 1820. (See later lists.)

IJcros, French ship, 250 tons; Auguste Duhaut-Cilly, master; trading on the coast 1827-8. (See text.)

Ihiascar, Engl. brig under Peruvian flag, 249 tons; Scott, Alex. Skee, or J. M. Oyaguc, master; Hiirtnell, passenger; cons, to McC., H., & Co., 1827-8; paid 6010 at S. Fran.

Iiica, Engl. brig, 170 tons, 11 guns; Wm Prouse (or Prause), master; from Callao to McC., H., & Co. in 1S2G (possibly arr. in 1825); then to Liverpool in 128 days.

Indian, Engl. ship; in Spence s list of 1829.

Iiu,re, Hawaiian brig, 155 tons, 1820.

Isabella (or Sarah and Elizabeth), Engl. whaler, 250 tons, 28 men; Ed ward David, master; Mrs Hartnell, passenger; at Sta B., from Mont. Oct. 1827.

James Coleman, Engl.; Hennet, master; in Spence s list for 1829.

J 6 ceil Anaustias, Mex. schr; at Sta B. Sept. 1829; also doubtful record of 1820.

Juan Battnj, doubtful name of 1825; John Burton, master.

Junius, Engl. brig; Carter, master; at Mont, in 1825, paying $3,G63 duties.

Jura, Engl. brig; at Sta B., from Mazatlan, May 1830.

Karimoko (or Carimacii), Hawaiian brig, 128 tons; John Lawlor, master; Wm Watts (?), sup. ; on the coast 1827-8, paying $14 and $314. (See text for smuggling adventures.)

Kiakhta, Russ. brig, built in Cal., running between Ross and S. Fran.; wintered at 8. Fran. 1S25-G and 1828-9; paid $35 and $1,548.

Lapcrin (or Lttpivin;/?), Russ. brig; doubtful record of Nov. 1828.

Lconor, Mex. ship, 207 tons; 23 men; Henry D. Fitch, master; brought convicts in 1830. (Sec text for Fitch s runaway marriage.)

Majda eua (or Victoria), Mex. schr, 90 tons; Ramon Sanchez, master; on coast winter of 1827-8.

Maria Enter, Mex. brig, 170 or 93 tons; owned by Henry Virmond, who was on board in 18JS; e"mo from Lima or Mex. port:- every yer.r from 1825 to 1033; Davis, master in 1025; to McC., II, & Co. ; paid $333; Fitch, mas ter 1820-0; b "ought artillery in 1823; John A. C. Holmes, master in 1830; brought convicts. Possibly 2 vessels of sam ​e name.

Maria Theresa, Amer. whaler, 291 tons; Wm Guilcost, master; at S. Fran. 182G.

Massachusetts, Amer. whaler, 343 tons, 21 men; Seth Calheart (?), master; at S. Fran. Oct. 1827.

Mercury, Amer. whaler, 340 tons; Wm Austin, master; at Sta B. Nov. 1820.

Mcro, Amer. ship, 300 tons; Barcelo Juain (?), master; doubtful record at Sta B. Nov. 182G.

Merope, Engl. ship from Calcutta and China; Espeleta, sup. ; at S. Fran. Sept. 1825.

Minerva, Amer. whaler, 160. tons; D. Cornelio, master; at Sta B. Oct. 1828.

Moor, whaler of 1826.

Morclos (formerly S. Carlos), Mex. transport; Flaminio Agazini, com.; at Mont, and S. Fran. 1825.

Nile, Amer. brig; Robert Forbes, master; trouble about $600 duties in 1825.

Okhotsk, Russ. brig, 150 tons; Dionisio Zarembo, master; on the coast 1827-8-9; paid $55 and 179; in trouble for having transferred cargo to Kiakhta.

OUfthant, brig; doubtful record as having loaded at Callao for Cal. in 1827.

Olive Branch, Engl. brig, 204 tons, 13 men; Wm Henderson, master; Jas Scott, sup.; cons, to Mancisidor from Callao for hides and tallow; win tered 1826-7, paying $510.

Orion, Amor, whaler, 350 tons, 22 men; Alfon Alfe (?), master; at Sta B. Oct., 1827, from Sandw. Isl.

Paragon, Amer. whaler, 309 tons, 23 men; Dav. Edwards, master; at S. Fran. 1826.

Par also (or Paradise], Hamburg schr, 123 tons, 11 men; Henry Adams, master; cons, to Mancisidor in 1827; paid $3,907 and $631.

Peruvian, Amer. whaler, 331 tons, 22 men; Alex. Macy, master; at S. Fran. 1826.

Pizarro, Engl. brig, 1825-6; cons, probably to McC., H., & Co.; paid $4,712, and $523.

Planet (or Plant), Amer. ship, 208 tons, 20 men; Jos Steel and John Rutter, masters, 1829-30.

PLoicboy, Amer. whaler, Chadwick, master; at S. Fran. 1825.

Pocahontas, whaler, 309 tons, in 1828.

Pocahontas, Amer. ship, 21 men; John Bradshaw, master; Thos Shaw, sup.; autumn of 1830.

Rascow, whaler, 362 tons; Geo. Reed, master, 1828.

Recovery, Engl. whaler; Wm Fisher, master; at S. Fran. 1825.

Rosalia, Amer. ship, 323 tons; Bruno Colespedriguez (?), master; at S. Pedro, Oct. 1829.

Rover, Cal. schooner, 83 tons; Cooper, master; Argiiello, owner; made a trip to China and back 1825-6, and then sailed for Mex. ports; paid $812; left $5,250 in goods at S. Diego. (See text.)

Sachem, Amer. ship, Bryant & Sturgis, owners; Wm A. Gale, sup.; on the coast from 1825 to Jan. 1827, when she sailed for Boston; duties as recorded $489, $2,003, $232.

Santa Apolonia (formerly Eagle), Mex. schr; Manuel Bates, master; Ramon Sanchez, sup.; Urbano Sanchez, owner; loaded with tallow at S. Luis Obispo in Aug. 1826.

Santa Barbara, schr. built in Cal. 1829 for otter-hunting and coast trade.

Sla Rosa, doubtful name of 1825.

Serinyapatan, Ease Ind. ship, grounded on Blossom Rock in 1830 (per haps an error in date).

Sirenn. vaguely mentioned as having brought money to Cal. in 1826.

Sii Jiu, doubtful record of 1S25.

Solitude, Amer. ship, or Engl. brig; Jas or Chaa Anderson, master, 1S2G 8. ​

MARINE LIST 1825-30. 149

Speedy, Engl. brig, to McC., H. & Co., 1826; carried $26,997 of tallow to Callao.

Spy, Amer. schr, 75 tons, accompanying the Sachem and offered for sale; Geo. Smith, master; on the coast 1825-7; also called in some records the Spray.

Susana, Engl. ship; Swain, master; in Spence s list for 1829.

Tamaahmaah, Hawaiian brig, 180 tons; Robt J. Ehvell, master or sup. in 1827; John Meek in 1829.

Tartar, Amer. schr; Benj. Morrell, master; on the coast 1825. (See text for captain s adventures and book.)

Telemachus, Amer. brig; Jas Gillespie, master; from the Isl. in 1828 for trade and repairs; accused of smuggling.

Tenicya, Amer. brig; paid $232 at Sta B. 1827.

Thomas Nowlan, Engl. ship, 201 or 301 tons; Wm Clark, master, 1826- 7; cons, to Mancisidor; paid 2,185 and 2,199; John Wilson, master, 1828- 30; paid 858.

Tiemechmach (?), Amer. brig from N. Y.; John Michi (Meek?), master, 1825.

Times, Engl. whaler, 407 tons; Wm Ross, master; at Sta B. Oct. 1828.

Tlmordan, Haw. brig, 160 tons, seal-hunter; at Sta B. Sept. 1826.

Tomasa, at Sta B. 1827, paying 1,570; also doubtful record of 1825.

Trident, Amer. ship, 450 tons; Felix Estirten (?), master; at S. Pedro Oct. 1829.

Triton, whaler, 300 tons, 1825-6; Jean Opham, or Ibre Albet (?), masters. Perhaps two vessels.

Verale, Amer. schr, 140 tons; Wm Deny, master, 1828.

Volunteer, Amer. bark, 126 or 226 tons; Wm S. Hinkley, master; John C. Jones, owner; from Sandw. Isl. 1829-30; carried Solis and other prison ers to S. Bias in 1830; paid 4,054 at S. Fran.

Vulture (or Buitre), Engl. brig, 101 tons; Rich. Barry, master; Virmond, owner; from Callao 1828-9; paid 1,130.

Warren, Amer. whaler; Wm Rice, master, 1826; also Amer. ship, per haps the same, at Mont. Dec. 1829.

Washington , Amer. schr, 52 or 140 tons; Robt El well, master from 1828; A. B. Thompson, sup.; from Sandw. Isl. 1825-6-7-8-9 and perhaps 1830; paid 49, 232, 93; carried horses to Honolulu.

Washington, whaler, 317 tons; Wm Kelley, master, 1826.

Waivrly, Haw. brig, 142 tons, 9 men, 40 kanaka hunters; Wm G. Dana, master, 1826; carried away 1 ,428 guilders, 2,000 Span, dollars, 4 bars silver, 138 otter skins, 212 seal skins; Robbins, master, 1827-8; John Temple, passenger, 1827, from Islands; in 1829 carried horses to Honolulu.

Whaleman, schr; at S. Fran, winter of 1825-6; perhaps a whaler. Writ ten also Guelman.

Whaleman, brig, 316 tons; Jos. Paddock, master; from Society Isl. 1830.

Wilmantic, Amer. whaler, 384 tons; Juan Bois, master, 1828.

Wilmington, Amer. ship, 364 tons; John Bon, master; at S. Pedro Oct. 1829. (Probably same as preceding.)

Young Tartar (or J6ven Tartar), Engl. schr, 95 tons; John Brown (?), master, 1826-7 (possibly 1825); paid 580; cargo insured in London 1827 for 4,000.

Zamura, Wm Sumner, master.

My authorities for the items of this list are more than 1,000 in number, chiefly in manuscript records. As each vessel would require a mention of from 1 to 20 titles, it is not practicable to give the references separately; and in a group for all maritime affairs they would be of little practical value; therefore I omit them, though I have the prepared list before me. The most important have been named in the notes of this chapter. ​

CHAPTER VI.

OVERLAND SMITH AND PATTIE FOREIGNERS 1826-1830.

THE EASTERN FRONTIER THE TRAPPERS FIRST VISITORS BY THE OVER LAND ROUTE JEDEDIAII SMITH, 1826-8 ERRORS CORRECTED" ORIGINAL DOCUMENTS THE SIERRA NEVADA CROSSED AND RE-CROSSED FIRST ENTRY OF THE HUDSON S BAY COMPANY McL/EOD AND OGDEN PAT- TIE S VISIT AND IMPRISONMENT, 1828-30 FLINT S NARRATIVE TRUTH AND FICTION A TOUR OF VACCINATION PEG-LEG SMITH TRAPPING LICENSE OF EXTER AND WILSON VACA FROM NEW MEXICO EWING YOUNG AND HIS HUNTERS FROM NEW MEXICO FOREIGN RESIDENTS- ANNUAL LISTS OF NEW-COMERS REGULATIONS ON PASSPORTS AND NAT URALIZATION.

FOR forty years California had been visited with increasing frequency by foreigners, that is, by men whose blood was neither Indian nor Spanish. Eng land, the United States, Russia, and France were the nations chiefly represented among the visitors, some of whom came to stay, and to all of whom in the order of their coming I have devoted some atten tion in the annals of the respective" years. All had come from the south, or west, or north by the broad highway of the Pacific Ocean bounding the territory on the west and leading to within a few miles of the most inland Spanish establishments. The inland boun dary an arc whose extremities touch the coast at San Diego and at 4U, an arc for the most part of sierras nevadas so far as could be seen, with a zone of desert beyond as yet unknown had never yet been crossed by man of foreign race, nor trod