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Full text of "Bancroft's Works: History of California vol. 3"

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PRESENTED 

TO 

Walter w. Mclaughlin, 

BY HIS FATHER 

JAMES MCLAUGHLIN, 

Aspen, Colorado 
March, 1886. 



'J 1 1 1 E WORKS 



OF 



HUBERT HOWE BANCROFT. 



THE WORKS 



" OF 



HUBERT HOWE BANCROFT. 



VOLUME XX. 



HISTORY OF CALIFORNIA. 

Vol. III. 1825-1840. 



SAN FRANCISCO : 
A. L. BANCROFT & COMPANY, PUBLISHERS. 

1885. 



Entered according to Act of Congress in the Year 188. r >, by 

HUBERT H. BANCROFT, 

In the Office of the Librarian of Congress, at Washington. 



All RlgJrfs Renewed. 



CONTENTS OF TIIIS VOLUME. 



CHAPTER I. 

A TERRITORY OF THE MEXICAN REPUBLIC. 

1825. 

PAGE 

Ratification of the Federal Constitution — Junta de Californias in Mexico 
— Compania Asiatico-Mexicana — Sessions of the Diputacion — Eche- 
andia Appointed Governor — Transfer of the Office at San Diego — 
Biography of Don Luis Argiiello — Echeandia's Companions — Pacheco, 
Zamorano, and Ramirez^-Herrera 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 — Echeandiaat 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 3 J 

CHAPTER III. 

ECHEANDiA 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 

i vii ) 



riii CONTENTS. 

PAGE 

1828 — Revolt of 1829 — Causes — Monterey Taken — Joaquin Solis 
— Plan of November 15th — Argiiello Declines the Command — Solis 
Marches South — Echeandia's Preparations — Revolt at Santa Barbara 
— Bloodless Battles of Dos Pueblos and Cieneguita — Retreat of Solis 
— Retaking of the Capital — Avila Captures Solis — Trial — The Span- 
ish Flag — Banishment of Herrera and Twenty Conspirators — Finan- 
cial Affairs in 1829-30 • 56 

CHAPTEE IV. 

ECHEANDIA 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 
Diputaeion— Action in Mexico— Indian Affairs -Sanchez's Expedi- 
tion— Vallejo's Campaign against Estanislao— Northern Fort— ;■> 
sons g- 

CHAPTER V. 

ECHEANDIA'S RULE— MARITIME AND COMMERCIAL AFFAIRS. 

1826-1830. 
Vessels of 1826— Revenue Rules— Hartncll's Business— Hawaiian Flag- 
Cooper and the Rover— Lawsuit with Argiiello— Beechey's Visit in 
the Blossom— Books Resulting— Trading Fleet of 1827— Reglamentos 
ou Liquors and Live-stock— Embarrassment of McCulloch, Hartncll, 
& 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 Karimoko— Vessels of 
1829— Custom-house— Arrival of the BrooWw— 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, 1S25-30 , * „ 

i i ( ) 

CHAPTEE VI. 

OVERLAND— SMITH AND PATTIE— FOREIGNERS. 

1826-1S30. 
The „ Frontier-The Trappers-First Visitors by the Overland 

Qith, 1826-8-Errors Corrected-Original Docu- 
raents-The Sierra Nevada Crossed and Re-crossed-First Entry of 



CONTENTS. ix 

PAGE 

the Hudson's Bay Company — McLeod and Ogdcn — Pattie'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. 

ljjai. 

Appointment of Victoria — Arrival — Echcandfa's Delay — Command Sur- 
rendered — Beginning of a Quarrel — Golpe de Estado — Schemes of 
Padres and Party — Victoria's Address to the People — Charges against 
the Governor — Refusal to Convoke the Diputacion — Memorials and 
Threats — Victoria'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 Jose" — Trouble at Los 
Angeles — Exile of Jose" A. Carrillo — Jose M. Padres Banished — Plots 
of Carrillo, Bandini, and Pico — Pronunciamiento of San Diego — 
Echcandia 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. 
1S32. 

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 — Jose" 
Figueroa Appointed — Instructions — Mishaps of a Journey— Mutiny 
at Cape San Xucas — Waiting for a Ruler 21 G 

CHAPTER IX. 

FIGUEROA'S RCTLE — HI.TAR AND PADRES COLONY. 

1S33-1834. 
Arrival of Figueroa — Primitive Printing — Imaginary Difficulties — Am- 
nesty to Rebels — Echeandia and Zamorano — Biography of Echeandia 



CONTEXTS. 

PAGE 

— Bandini Elected to Congress — No Sessions of the Dipntacion in 
1833 — The Northern Frontier — Figueroa Resigns — A Warning — 
Mutiny at San Francisco — The Dipntacion 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 Morelos — Re- 
ception of the Colony at San Diego and Monterey — Wreck of the 
Natalia — Authorities 210 



CHAPTER X. 

FIGUEROA, CASTRO, AND GUTIERREZ — THE COLONY. 

1834-1835. 

Santa Anna Orders Figueroa not to Give up the Command to Ilijar — 
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 Apalategui 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 Padres 

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 AXD SECULARIZATION. 

1S31-1S33. 
Echeandia's Plan of 1830— Decree of 1831— The Comisionados— Viewd 

of the Padres— Carrillo's Efforts in Mexico— The Pious Fund^- 
E vents of 1832— Diputacion and Friars— Echeandia's Reglamento— 
Notes of Padre Sanchez— Bachelot and Short— Exiles from the 
Hawaiian Islands— New Missionaries in 1833— The Zacatecanos— 
Division of the Missions— Troubles in the North— Flogging Neo- 
phytes—Supplies 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- 
tice-Projects of President Duran-Figueroa's Report against Secu- 
larization-Mexican Decrees of 1S33— President and Prefect 301 



V 



CONTENTS. xi 

CHAPTER XII. 

MISSION AND INDIAN AFFAIRS. 

1834-1S35. 

Emancipation— Indian Pueblos— The Diputacion— Figtieroa's Policy — 
Mexican Law of April 1834 — Provisional Regulations of August 9th 
—II i jar's Instructions— Their gleaning— 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 Rauchos— 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 XIII. 

MAEITT5IE, COMMERCIAL, AND FINANCIAL AFFAIHS. 

1S31-1S35. 
Annual Lists of Vessels on the Coast — Revenue Statistics— Smuggling 
Items — Seizure of the Lor iol— 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 — Comisarioa — 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 3G3 



CHAPTER XIV. 

PIONEERS AND FOREIGN RELATIONS. 

1831-1835. 

Overland Immigration — New Mexican Route — Wolfskill's Party — Yount 
and Burton — Jackson's Compau}- — Warner — Ewing Young's Second 
Visit — Carson, Williams, Sparks, and Dye — Graham and Leese — 
Across the Sierra — Captain Joe Walker — Nidever — Bonneville's 
Narrative — Hudson's Bay Company Trappers — Otter-hunting in Cal- 
ifornia — New Mexican Horse-thieves — Chino Pando — Foreign Policy 
— Fears — Offer of Purchase by U. S. — Spaniards — Pioneer Names — 
Those Who Came before 1830 — New-comers of Each Year — Alpha- 
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 Mast , 385 



xii CONTEXTS. 

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 Dcpartamental — Agent for Mexico — Chico in the South — Be- 
ginning of Troubles — Californian Views of Chico's Character — Doiia 
Cruz, the Governor's Mistress — Feeling of Foreigners — Chico and 
Stearns — Revolution Planned — Results of the Vigilantes — Chico and 
Duran — Amours of Castaiiares and Dona Ildefonsa — Chico and Es- 
trada- — Excitement at the Capital — Cliico Leaves the Country 414 

CHAPTER XVI. 

GUTIERREZ, CASTRO, AND ALVARADO — REVOLUTION. 
1836. 

Second Rule of Gutierrez — His Policy and Character — Vague 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— Siego 
of Monterey— Documentary Record — Surrender — The Mexicans 
Exiled— Biography— Gutierrez— Castillo Negrete— Herrera— Muiioz 
Navarrete— The Estradas— Rule of Jose" 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 Rdgime — Affairs in the North 415 

CHAPTER XVIt 

ALVARADO's RULE — TROUBLES IN THE SOUTH'. 

1S36-1S37. 
Causes of Southern Opposition— Sectional, Local, and Personal Prejudice 
—The News at Angeles— San Diego Aroused— Plan of November— 
Counter-plan of Santa Barbara— New Ayuntamientos and New Plan 
—Letters of Prominent Men— Castillo Negrete— Osio— Bandini— Pio 
Pico— Carlos Carrillo— Alvarado in the South— The Barbareiios Sub- 
mit— Angelinos Obstinate— Dieguinos Patriotic but not Warlike- 
Defensive Measures— Campaign and Treaty of San Fernando— Alva- 
rado at Los Angeles— Castro's Arrival- Another Plan— Speeches— 
rs of Attack from Sonora— Castro at San Diego— Diputacion Sus- 
tains Alvarado— Plan de Gobierno— Intrigues of Osio and Pico— Los 
/clcs Submits-Governor's Manifiesto of May— Return to Monte- 
rey— Events in the North, January to May ; 473 



CONTEXTS. xiii 

CHAPTER XVIII 

BAN DTEGO PLAN — ALVARADO AND CARRILLO. 

1S37. 

• 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 td 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. 
1S38. 

Don Carlos Closes Northern Ports — Sends for Mexican Troops — Castro's 
Plan — A Spurious Appointment — Carrillo's Letters — Military Prepa- 
rations — Castaneda 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 Calalina — Arrival of Castillero — 
Recognition of Alvarado and Vallejo — An Island for Carrillo — Aba- 
jenos Despondent — Arribelios Triumphant — Re-arrest of Cariillos and 
Picos 545 

CHAPTER XX 

ALVARADO'S RULE — POLITICAL EVENTS, 

1S39-1S40. 

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 — Jimeno Acting Governor — Alvarado Married 
by Proxy — Arrival of the California — Alvarado Appointed Governor 
— Cosme Peiia — Castaneda Sent to Mexico — Annals of 1840 — Sessions 
of the Junta Departamental — Tribunal de Justicia — Monterey the 
Capital — Conspiracy of Carrillo and Gonzalez 579 



xiv CONTENTS. 






PAGE 



CHAPTER XXI. 

LOCAL ANNALS OF SAN LIEGO DISTRICT. 

1S31-1S40. 

Military Commandants-Decrease and Disappearance of the Presidial 
Or-anization-Fort and Other Buildings-Population-Private Ran- 
chos-Summary of Events-Politics and Indian Depredations- 
Treasure on the Colorado -Civil Government -Ayuntamiento- 
Criminal Record-San Diego Mission-Padre Martin-Statistics- 
Secularization -Ortega as Administrator-San Luis Key— Padre 
Peyri-A Prosperous Mission -Slaughter of Cattle-Chronologic 
Happenings-Pio Pico in Charge-Hartnell's Investigation-Mission 
Ranchos— San Juan Capistrano-Statistical View- Annals of Eman- 
cipation—Administration of the Argiiellos-The Ex-neophyte Pue- 
bios of San Juan, San Dieguito, Las Flores, and San Pascual 008 



CHAPTER XXII. 

LOCAL ANNALS OF LOS ANGELES DISTRICT. 

1831-1S40. 
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 Ranchos — 
Ayuntamiento and Municipal Affairs— Criminal Record— A Race — 
The Prefecture— Pefia, Tapia, and Arguello— 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 C29 



CHAPTER XXIII. 

LOCAL ANNALS OF SANTA BARBARA DISTRICT. 
1831-1840. 

Gain in Population — Presidial Organization — Military Items — Summary 
of Events — Santa Barbara in the Political Controversies — Chico and 
Duran — Municipal Affairs — Official List — Sub-prefecture — Grants of 
Private Ranchos — Santa Barbara Mission — Statistical View — Annals 
of Secularization — San Buenaventura — Fathers Suner, Uria, and For- 
tuni — Population, Agriculture, and Live-stock — Majordomos and 
Administrators — Santa In£s— Father Arroyo de la Cuesta — Statistics 
of Decadence — A Gain in Cattle — Moderate Prosperity — Local Hap- 
penings — La Purisima Concepcion — Secularization — Inventories .... 649 



CONTENTS. xv 

CHAPTER XXIV. 

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 Record*— Private Ranchos — Mission San Car- 
los — San Luis Obispo — Padre Gil y Taboada — Statistics of Decline — 
S;m Miguel — Padre Juan Cabot — Population and Property — San 
Antonio — Secularization — Mereado'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 
dc liranciforte G67 



CHAPTER XXV. 

LOCAL ANNALS OF SAN FRANCISCO DISTRICT* 

1S31-1S40. 

Grain in Population — Number of Inhabitants in California, North and 
South — Summary of San Francisco Events — Military Affairs — Com- 
pany Transferred to Sonoma — Pueblo ami 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 Amoros' Map of Mission Lands — San 
Francisco Solano — Pueblo of Sonoma — General Vallejo's Achieve- 
ments in the Frontera del Norte — San Jose" Mission — A Prosperous 
Establishment — Santa Clara — Padres Viader and Moreno — Pueblo 
de San Jos6 de Guadalupe de Alvarado — Population — Municipal 
Affairs and List of Officials — Summary of Events G98 



Pioneer Register and Index. 'Fabbol' to 'Hyde' 733 



HISTORY OF CALIFORNIA. 



CHAPTER I. 

A TERRITORY OF THE MEXICAN REPUBLIC. 

1S25. 

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 — Echeandia's 
Companions — Pacheco, Zamorano, and Ramirez — Herrera as Com- 
isario de Hacienda — The Missions — The Padres Refuse Allegiance 
to the Republic — The Diputacion on Secularization— Padre Du- 
ra^ as President — Mission Supplies and Finance — Vessels on the 
Coast — Surrender of the 'Asia 'and ' Constante ' — Morrell's Visit 
and Book — Commerce — Foreign Residents — A Rainy Season. 

In the preceding volume I have completed the an- 
nals 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 depart- 
ment 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 183G-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- 

VOL. III. 1 



2 A TERRITORY OF THE MEXICAN REPUBLIC. 

ment 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 down to 
the end of 1825 — and briefly, for in Mexico but slight 

1 Mexico, Constitution Federal de los Estados Unidos Mexkanos, santionada 
por el Con</rcso General Constituyente el 4 de Octubre de 182 If.. Mexico, 1824, 
lGmo, 31. xviii. 62 p. 21. 3 p.; with at the end the following: Mexico, Acta 
Comtitutiva de la Federation Mexicana. 31 de Enero, 1824. Mexico, 1824. 
lGmo, 12 p. There are 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 represented by Man- 
uel Ortiz de la Torre. Gov. Argiiello understood Cal. as a territory to be 
attached to the state of Mexico. Dept Itec. MS., i. 120: Dent St. Pap. Ami., 
MS., i. 82-4. * J ' 



- JUNTA DE FOMENTO. 3 

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, Jos6 Ign. 
Ormaechea, Mariano Domingucz, Tomas Salgado, Francisco de P. Tamariz, 
Manuel Ibarra, Francisco Cortina, Ignacio Cubas, Juan J. Espinosa de los 
Monteros, Jose" Mariano Almanza, Francisco Fagoaga, Alejo Garcia Conde, 
Carlos M. Bustamante, Servando Mier, Isidro Icaza, Diego C4arcia 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 jtrincipales 
trabajos en que se ha ocupado le Junta nombrada para meditar y proponer al 
Supremo Gobierno los medios mas necesarios para promover el progreso de la 
cultura y civilization de los tcrritoriosde la Alia y de la Baja ( 'alifomia. Auo 
de 18,27. This collection includes the following documents: D'vtdmen que did 
la Juida, etc., sobre las instrucciones quepara el Gefe superior Politico. Dated 
Jan. 3, 1825. 1G pages, 8vo; Plan para el Arreglo de las Misionesde los terri- 
torios de la Alta y de la Baja California. April 6, 1825, lip.; Plande Colon- 
izacion Estrangera (subtitle — Reglamento a que d?be sujetarse la colonization, 
etc.), dated April 24, 1825, 8 p., with a diagram; Plan de Colonization de 
Nacionales para los territorios, etc. (subtitle — Reglamento para la coloniza- 
tion por familias de los Estados Federados de Mexico, en los territorios de 
Californias), dated May 30, 1825, 18 p., 3 sheets, with a diagram; Plan Polit- 
ico Mercantil para el mas pronto Fomento de las Californias, including 1st, 
Correspondence Feb. -July 1825; 2d, Proyecto para el Eslablecimiento de una 
compania de comercio directo con el Asia y mar Pacifico, cuyo punta centrico debe 
eer Monterey, capital de la Alta California, la cual sera conocida bajael iwmbre 
de Compania Asidtico-Mexicana, Protectora del Fomento de la Peninsula de ( 'al- 
ifornias. Presented to the president by its author, Francisco de Paula Tamariz, 
Dec. 14, 1825, 14 p.; 3d, Proyecto de Reglamento en Grande para el Estableci- 
miento de la Compafiia Asidtico- Mexkana. Dec. 14, 1825, 18 p. (numbered 24) ; 
Iniciativa de Ley que propone la Junta para el mejor arrealo del gobierno de los 
territorios de Californias. Dated May 12, 1827; including a Subdivision de 
los territorios de let, Alta y de la Baja California en cuatro distritos, of June 26, 
182G; 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. 



4 A TERRITORY OF THE MEXICAN REPUBLIC. 

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 6th, 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 



PLANS FOR CALIFORNIAS. 5 

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 California^, 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, Jose Argiiello wrote to Captain Guerra from Guadalajara 
that a board had been established in Mexico to make regulations for Cal. 
Guerra, Doc., MS., vi. 97. The dictdmen, so far as it relates to Indian policy, 
is incidentally quoted by Manuel Castafiares in an address of March 30, 1844, 
to Congress. Castafiares, Col. Doc, 12, 14, 50. Both Alvarado, Hist. Cal., 
MS., i. 122-3, 233-6, and Vallejo, Hist. 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. 



G A TERRITORY OF THE MEXICAN REPUBLIC. 

Asidtico-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 
cle 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 Vallejo in his Hist. Cal., 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 with these vir- 
tues for the influence 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 beneintrito gefe politico Arguello 
answers in his last communications for good order and strict administration 



CONSTITUTION RATIFIED. 7 

On receipt of the constitution, Arguello at once sum- 
moned the ciiputados 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 Montere}^ 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. Justicia, 3826, p. 6. 
General information on finances of California, and relief sent from Mexico in 
1824-5, in Mexico, Mem. Hacienda, 1826, p. 27. Aug. 6th, Minister Alaman 
orders gef e 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 26th, in Leg. Bee. , MS. , i. 41-3. March 28th, Arguello sends out 
the new constitution to be ratified, and orders all copies of the old Spanish con- 
stitution to be collected. Dept Bee., MS., i. 116; St. Pap., Sac., MS., xiv. 37. 
Apr. 22d, constitution received at S. Francisco, and will be published on Sun- 
day. St. Pap., 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 S3 to each corporal. 
Id. , xiv. 41-2. April 30th, swearing of allegiance at Los Angeles, where, on 
petition of the citizens, the ayuntamiento, with the approval of the diputados, 
Palomares and Carri lo, set at liberty a prisoner, Juan Jose Higuera. Orig- 
inal record in Doc. Hist. Cat., MS., iv. 739, 745. May 1st, Comandante Euiz 



8 A TERRITORY OF THE MEXICAN REPUBLIC. 

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 Minon, 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. Estud'dlo, Doc, MS., i. 209. 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. Jose, Arch., MS., vii. 22; DeptSt. Pap. 
MS., i. 11G-17. I find no record of the event at Sta Barbara. Dec. 4, 1826, 
the governor sends copies of the constitution and acta constitutiva to be cir- 
culated among the escoltas and padres. Dept St. Pap., Ben. Mil., MS., lvii. 23. 

9 Leg. Pec. , MS. , i. 41-6. More of this topic when I come to speak of the 
missions. From Dae. 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, Argiiello to comandantes and prefect. Dept Pec, MS., i. 119. 
May 22d, Argiiello to ayuntamiento of Los Angeles on same subject. Dept 
St. Pap., Angeles, MS., i. 82. June 3d, comandante of S. Francisco has pub- 
lished the order. St, Pap., Sac, MS., xiv. 36. 

11 As early as April it was known in Cal. that Minon would not come. With 
his successor Argiiello at that time expected 60 artillerymen. Apr. 11th, Ar- 
giiello to P. Duran. Arch. Sta B., MS., xii. 321-2. 

1- -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 Pedraza in a letter to Argiiello. Sup. Govt St. Pap., MS., 
iii. 3. Feb. 28th, Echeandia to Herrera, announcing his appointment with a 
salary of 83,000. Dept St. Pap. , MS. , ii. 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 ECHEANDfA, 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 2 2d 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 Echeandia'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, 18 w T here 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. 21-9. He also asked to 
be relieved of the military command. Sup. Govt 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 Herrera, Causa, 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 readied 
Loreto in 10 days. Dept Pec, MS., v. 103. June 25th he wrote to Argiilleo 
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. pt ii. 150. 
Oct. 4th, started. Dept St. Pap., Ben. Mil, MS., lvii. 3. Oct. 18th, sent 
order to Argiiello to come south. Guerra, Doc, MS., iv. 161-2. Oct. 31st, 
writes from S. Diego. Dept St. Pap., MS., i. 74; Dept Rec, MS., ii. 6. 

16 July 4th, Argiiello to comandantes with purport of Echeandia's letter. 
Dept St. Pap., MS., i. 120-1. July 22d-3d-8th, Argiiello had received official 
intelligence. Id., Ben. Mil, MS., liv. 9; Dept. Rec, MS., i. 230; ii. 37. Oct. 
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. 101-2. 
18 Dept St. Pap., MS., i. 80. 



10 A TERRITORY OF THE MEXICAN REPUBLIC. 

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, } 7 et I find 
no contemporary evidence of controversy or of con- 
templated resistance. The records, however, are far 
from complete, and both Alvarado and Vallejo credit 
Argiiello 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 he deemed the climate favorable to his health, 
bat 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 of 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, JReminis., 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, Tiem- 
pos Pasados, MS., 21, 23; Amador, Memorias, MS., 85; Ord, Ocurrencias, 
MS., 19-20; Lugo, Vida, MS., 12-13; Avila, Cosas de Cal, MS., 25; Petit- 
Thouars, Voy., 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 Mexico and 
its Religion, 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 there been 50 resolute persons to 
oppose them, this valiant army Mould have absconded, and California would 
have remained an appanage of the crown of Spain,' etc. 'When the prefect 



,LUIS ANTONIO ARGUELLO. 11 

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 Arguello 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, Sepulveda 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 Awjeles, Arch., MS., i. 2, 3. 

22 Luis Antonio Argiiello, son of D. Jose" Diario Arguello, 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. G, 1799, and 
was promoted to be alferez of the same company on Dec. 22, 1800. St. Pap. Sac. , 
MS., xi. 5; Vallejo, Doc, MS., xv. 94; Gaceiasde Mcx., 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 1807 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. 6, 1814. 
Prov. St. Pap., MS., xix. 40, 19G-7; Prov. Bee, 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, 180G, 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. Vallejo, 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. Pec, MS., ix. 190; Vallejo, Doc, MS., xvi. 48; S. Fran- 
cisco, Cuentas, MS., i.-vi. 

About 1818 Capt. Arguello made a boat voyage up the Sacramento River; 
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 Payeras 
on a trip to Bodega and Ross. Meanwhile he had married, in 1819, Dona 
Soledad, daughter of Sergeant Jose" 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. 11, 1822, Arch. Arzob. , 
MS., iv. pt i. 9G; St. Pap., Sac, MS., xi. G, and took possession of the ofnee 
on the day of Sola's departure, on 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 



12 A TERRITORY OF THE MEXICAN REPUBLIC. 

hijo 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 out 
in what way he could have ruled more wisely. Ar- 
g Hello'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 

S. Diego in Nov. 1825, I think he remained for some time in the south with 
his brother, Don Santiago. On April 15, 182G, 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. Id., v. 40. 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. 

Argiiello'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. 8. Francisco, Lib. Mision, MS.,- 73-4; 
Vallejo, Doc, MS., xx. 165. Mariano Estrada was the executor of the estate, 
S. Jos6, Arch., MS., i. 36, which five years after his death was in debt to the 
missions to the extent of over $1,000. Dept. St. Pap., Ben. Com. and Treas., 
MS., iii. 7G-7; S. Francisco, Cuentas, MS., v. 1. To his widow, Dona Sole- 
dad , was left the rancho of Las Pulgas, and notwithstanding the depredations 
of Jawyers and squatters, she was in easy circumstances until her death in 
1 874. None of the sons of Don Luis ever acquired any prominence in public life. 
The Californian writers, almost without exception, speak in the highest terms 
of Argiiello's honesty, ability, and kindness of heart: See Alvarado, Hist. 



i, MS., 14; Hayes' Em. Notes, MS., 505; Sta Barbara Press. Oct. 24* 1874: 
8. Die(jo Union, Oct. 29, 1S74. 



REENFO'RCEMENT OF OFFICERS. 13 

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 his 
accession to the chief command, he 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 vivant, 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 Echeanciia, Alferez Romualdo Pa- 
checo and Alferez Agustin V. Zamorano, both engi- 
neer officers, 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 the Morelos. 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 fusileers, 1 corporal of artillery, 9 grenadiers and chasseurs, and 10 fusi- 
leers— 34 in all. Vept St. Pap., Ben. Mil., MS., lxxvi. 31. 



14 A TERRITORY OF THE MEXICAN REPUBLIC. 

his men, though they remained ten years in the coun- 
try, hardly anything is known; but Zamorano, Pacheco, 
Roeha, 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 Morelos, 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 de 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 
cliputacion. Herrera w T as 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 w T orth $22,- 
379, and §22,000 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 

24 Pacheco's first important service was rendered this year, when he escorted 
Lieut. -col. Romero to the Colorado on his way to Sonora; explored two routes 
to the river; and perhaps made some preparations for permanently opening 
one of the routes. See vol. ii. p. 507 et seq., this work. 

2 >I)ejA Bee., MS., v. 103; Herrera, Causa, MS., 67. 

20 Mexico, Mem. Relaciones, 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 $23,863; and there was an order on the 
comisario de occidente for $12,000, which does not seem to have been paid at 
this time. A small part of the $22,000 was perhaps spent at Loreto. With 
reference to the tobacco, Huish, Narrative, 426, says that the government, by 
way of paying up arrears of 1 1 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 ! 

27 Sept. 1st, Echeandia's order to Herrera. Depl. ftec, MS., ii. 2. Oct. 



NEW ARRIVALS. 15 

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 durinof 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- 
lez in command of a detachment of artillerymen, who 
was immediately made a captain, and became coman- 
dante de armas 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. 29 

15th, Herrera to Argiiello, explaining his reasons for" not obeying, and alluding 
to other communications. Dept St. Pap., MS., i. 105. It is likely that Echean- 
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 inchided yet. Vullejo, Doc, 
MS., 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. 6th, 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. Guerra, Doc., MS., vi. 148-9. 

General mention of Herrera's appointment and arrival. See Mexico, Mem. 
Hacienda, 182G, p. 27, by which it appears that he was appointed on Feb. 
8th; Dept St. Pap., MS., iii. 209-10; Leg. Pec, MS., i. 282-3; Dept St. 
Pap., Ben. Com. and Treas., MS., i. 12; St. Pap., Sac, MS., xiv. 2. He ia 
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, Hist. Cal, MS., ii. 62-6, and Alvarado, Hist. Ccd., 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 St. Pap., Sac, MS., x. 20-2, and of the 17 
who arrived, in Dept St. Pap., Ben. Mil., MS., lvii. 3, besides mention of 
several of the number in Id., Ii. 2-3. Eight or nine came with definite sen- 



16 A TERRITORY OF THE MEXICAN REPUBLIC. 

Prefect v 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 S. Diego with Echeandia, or at least about the same time. He 
was soon sent overland to Sonora, perhaps in the hope thathe would be killed 
by the Indians, where he arrived in March 1826, after narrowly escaping 
death at the hands of the Yumas. After having been employed by Gen. 
Figueroa on various commissions, he was sent back, and on the way he was 
killed by Alf. Jose Maria Ramirez at S. 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 
Cortes, ' do muy mala fama en toda la republica,' but of whose Californian ex- 
perience nothing is known. Another was Joaquin Solis, ' principal agente de 
Gomez, de 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 for 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., lxxvi. 20-2. In 1833 he had been 
charged with a new robbery. Id., lxxiv. 44. He was married in 1830 to his 
mistress at Sta Barbara. Carrillo {Jose), Doc. Hist. Cal.,MS., 26. He at one 
time kept a monte 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 a 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. 251-3; 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. 



RECALCITRANT FRIARS. 17 

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 

30 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., 
US. , iv. pt ii. 135-6. Also letters of March 39th and April 14th, in Id., 137-9. 
Hist. Cal., Vol. III. 2 



IS A TERRITORY OF THE MEXICAN REPUBLIC. 

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; but 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 Senan had been held by Sarria in addition to that 
of prefect. 32 Duran also refused to take the oath, not, 
as he 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. Rcc, 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. 
Drpt Rec. MS., i. 117; Arch. Arzob., MS., iv. pt ii. 140. June 3d, com- 
anrlante 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. 



ARREST OF PRESIDENT SARRIA. 19 

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 
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. : 



3G 



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

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

35 Oct. 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 Argucllo before Echeandia's arrival, or per- 
haps by order of the latter issued while en route. 

36 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., MS., ii. 20-5, and Vallejo, Hut. 
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 



23 A TEREITOHY OF THE MEXICAN REPUBLIC. 

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 cpuld 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 coming missionaries, I will believe it 
when I see them, not before." He would, however, 

change of government; and some of the younger Calif ornians with the Mex- 
ican element were more or less enthusiastic republicans. The Indians had of 
course no choice, but their condition was in no respect improved by the 
change. Osio, Hist. Gal., MS., 105-7, has something to say on theadvantages 
of the Spanish rule. He notes that as late as 1842 an invalido hesitated to 
make a declaration before an alcalde, fearing that it was wrong for an old 
dier 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' Joaauin <le 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. 8. was proposed, or a French or English protectorate. 



, MISSION AFFAIRS. 21 

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. 3 ' 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 
dictdmen 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 was 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., Sac, MS., 
xiv. 22-4, 35-40. Destitution at S. Diego. Dept St. Pap., MS., i. 110; 
Guerra, Doc, MS., v. 201-2; Com. of Sta Barbara vs. P. Ibarra. Doc J fist. 
Cat., MS., iv. 731-2; Guerra, Doc, MS., vii. G8-9. 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. Dept Bee, MS., ii. 35; Guerra, Doc, MS., 
iv. 158. 

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

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



22 A TERRITORY OF THE MEXICAN REPUBLIC. 

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 dictamen para el arreglo de las misiones 
dc Californias a las proposicioues siguientes:' I. Conversions among gentiles 



VESSELS ON THE COAST. • 23 

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 'equitabl} 7 divided' between 
the sums due the missions for supplies and the funds 
actually on hand ! Echeandia 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 vUitas and entradas of friars and priests, who must 
obtain the permission of the government, and will receive their stipends as a 
limosna 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 evange/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. C-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 are 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. 



24 A TERRITORY OF THE MEXICAN REPUBLIC. 

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 for a 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 k Co.'s vessels w T ere 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 1818, "el ano 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 Arglle- 
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 of chap, v. — were: 
The Apollo, Aquihs, Arab, Asia, Bengal (?), Carlos Huat (?), Constante, 
Courier (?), Don, Eagle, Elena, Eliza, Factor, lnca (?), Juan Batte.y (-?), Junius, 
Kiahkta, Maria Ester, Merope, Morelos, Nile, Pizarro, Plowboy, Recovery, 
Rover, Sachem, Santa Magdalena (?), Sta Rosa (?), Snow (?), Spy, Tartar, 
Tiemechmach (?), Tomasa, Warren, Washington, Whaleman, Young Tartar, 
and nine American whalers not named. 

42 J. J. Vallejo, 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, Hist. Col., MS., 91-112, narrates the whole affair at some 
length. He says that Argiiello 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. 

1 ; P. Altimira. however, still feared some hostile intention; May 12th 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 'ASIA' AND 'CONSTANTE.' 25 

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 Constants, 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 Constante, 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 

An agreement was signed on May 1st, by which 
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 carry a despatch for $1,500. Perhaps the padre had an 
understanding witli 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 'Constante,' Expediente de la Capitulation, 1825, in Gaceta de Mex. , 
Extra, June 15, 1825, which is devoted wholly to this affair, 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 Asia had car- 
ried Viceroy O'Donojii to Vera Cruz in 1821 , and Conde de Venadito to Habana. 
Alaman, Hint. Mex., v. 329, 818-19. See also Zamacois, Hist. Me}., xi. 011-13. 
The affair is also described in Campaigns and Cruises in Venezuela, i. 404-7. 

45 'Asia' y 'Constante,' Tratado de Capitulation de los Navios en Monterey, 
1825, MS.; also in Oae. Mex., Extra, June 15, 1825; signed by Jose* Estrada 
(appointed by Argiiello as comisionado), Jose" Ramirez, Jose" Cardenas, 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- 



26 A TERRITORY OF THE MEXICAN REPUBLIC. 

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 refitting 
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 
Constanle. Dcpt Rec, MS., i. 54. 

46 Torre, Reminis., MS., 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 gachupin 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, Corns 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. 

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



THE * AQUILES ' AT SANTA BARBARA. 27 

men from the two vessels remained in California, but 
none of this number ever acquired any prominence 
in the territory. 4 * 

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 
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 15th. All making up the 
Asia y Constante, Expediente. Sailing of the vessels on May 23d, Guerra, Doc, 
MS., iv. 158. May 23d, Arguello to commandante at Acapulco, explaining 
the whole affair, and sending copies of contract. Dept Bee, MS., i. 56. May 
2d, Arguello to comandantes, giving an account of the surrender and plans. 
Id., i. 117. Mention of the affair in Miles' Reg., xxix. 74; Gaceta de Mex., i. 
1-4. Contract religiously carried out. Mexico, Mem. Marina, 1826, p. 3. 
The $90,000 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. Pap., 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 Arguello, killing him with disgustos in 5 years ! 

48 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 Bee, MS., v. 17; vi. 45. David Spence, Hist. Notes, MS., 1-3, who 
gives a very clear narrative of the whole affair, says that 12 of the Asia's 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. Vallejo, Doc, MS., 
xxviii. 451. May 2, 1829, decree of president about the Asia's crew. Dispo- 
siciones Varias, ii. 60. 

49 May 6th, Guerra to Arguello, in Dept St. Pap., MS., i. 113; Id., Ben. 
Mil., liv. 7; Dept Bee, 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. Cat., 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 A sia was at Monterey, An- 
gulo hurried on board without waiting for anything, and sailed for Valparaiso, 
after sending a cannon ball into town. 



28 A TERRITORY OF THE MEXICAN REPUBLIC. 

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, 53 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 arc 
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 

50 ' 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 eacli side 
of the horse with a beautiful little foot and ankle.' A whale-boat was built 
during the stay. 

' IforreU, 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 



REVENUE AND FOREIGNERS. 29 

The customs revenue for the year was from $8,000 
to $11,000, so far as may be determined from the 
records. 52 Vessels seem 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 onlv 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 unprecc- 

second of the four voyages. Notices of Morrcll'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 D opt St. 
Pap. Ben. Oust, II., MS., i. 101-2, 212. Duties at Sta Barbara, $1,220. 
Prov. St. Pap. Den. Mil., MS., lvi. 1. Amount at S. Francisco, $1,001; at 
8. L>iego, $471. Probably $11,000 was the total, and $8,000 the amount at 
Monterey. 

5:5 Dept Rec, MS., i. 115. 

54 E.'s decree of Dec. 15th, in S. Antonio, Doc. Sueltos, MS., 101-3; S. 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 Win. 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. 



30 A TERRITORY OF THE MEXICAN REPUBLIC. 

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 coming 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. Bee, MS., i. 
42; Dept Bee., 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 Alta CaL, Dec. 30, 1852 j Yuba Co. Hist., 67. 



CHAPTER II. 

ECHEANDIA'S RULE— POLITICAL AFFAIRS. 

1826-1830. 

National Measures, 1826 — Junta de Fomento — EcHEANDfA 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, 
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) 



C: ECIIEAXDIA'S RULE— POLITICAL AFFAIRS. 

Politically, then, 182G was wellnigh a blank. The 
national authorities attached someiinportance 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 reenforcement, 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 w T as also sent north that with the 
surrender of San Juan de Uliia 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, in 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 w r as 
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. Relatione*, 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 1825-0, with notice of celebration at Sta Barbara, Monterey, 
S. Buenaventura, and S.Fernando. Echeandia's order was dated April lo, 
1826. Dept Iiec., MS., iii. 16; iv. 31; DeptSt. Pap., Ben. Mil, MS., lxxxvii.; 
Id., Ben. Com. and ZVeas.,MS., i. 11; St. Pap., Ben., MS., i. 69-70; Sup. Govt 
Si. Pa})., MS., xix. 26. Double pay for three days was ordered for soldiers; 
end some silver coins seem to have been distributed. At S. Fernando the 
padre refused to officiate, and the neophytes said some pater-nosters and ace 
inarius on their own aecount. 



GUERRA AS CONGRESSMAN. 33 

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 Argiiello; but at the end of 182G 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 Ilec, M.S., iv. 19-26. 
The order for an election is not extant, but it appears from another document 
to have been dated Nov. 14th. The five electores de partido, one for each pre- 
sidio and one for Los Angeles, were Francisco de Haro, S. F. ; Estevan Mun- 
ras, Monterey; Carlos A. Carrillo, Sta 13.; Vicente Sanchez, Los Angeles; 
and Agustin Zamorano, S. Diego. Acta* da Eleccioms, MS., 1-4; Day I St. 
Pap., Angeles, MS., x. 1; Guerra, Doa., MS., vii. 155-8, in which documents 
b 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 Estudillo. Details given. VcUlejo, ])oc , MS. , i. 
99-102; and the only primary elections recorded were that at S. F., Id. , and 
that at San Antonio on Nov. 26th, where Eugcnio Naotro was chosen to go to 
Monterey and vote for the elector de partido. Dept St. Pap., Leu. MIL, xMS., 
lix. 17-19. 

Hist. Cal., Vol. III. 3 



34 ECHEANDlA'S RULE— POLITICAL AFFAIRS. 

to California to avoid serious troubles, although he 
had left Spain at a very tender age. 4 Gervasio Ar- 
guello, the suplente, 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<tei\ carrying high recommendations from Echeandia. That he had not been 
admitted was known at home on Dec. Cth, Dept Bee, MS., vi. 4G-7; and his 
passport to return was signed by President Victoria on Dec. 16th, and vised at 
S. Bias on May 1G, 1829. Oct. 20, 1829, he speaks of his late penoso viaje in 
dunning Bandini for a debt. Hayes' Mission Book, i. 216. $1,000 of $5,000 
due Guerra for mileage and salary was later collected in 1831. Guerra, Doe., 
MS. , iv. 209-10. June 18th, Arguello from Guadalajara thanks the junta electo- 
ral. Dept St. Pap. , MS. , ii. 23. Vallejo, Hist. Col. , MS. , iii. 98, accuses Arguello 
of having intrigued, or at least used his influence, to keep Guerra from his 
.' cat. A pamphlet of 1828, giving sketches of the congressmen of 1827-8, 
speaks of him of California as naola, or 'nothing.' Semblanzas de los Miembros. 

°The secretary of the interior mentions the completion of the junta's work 
iii his report of Jan. 30, 1828, stating that a copy in print was distributed to 
members. Mexico, Mem. Relatione*, 1828, p. 22. Bustamante, Cuadro Hist., 
v. 64, speaks of the junta. The Aguila newspaper mentioned a set of the 
records of the junta for sale. Guerra, Doc., MS., iv. 175. It is remarkable 
that I have found none of these records in the archives. 

G See chap, xxiii. , vol. ii. this work. In forming these regulations of 182S, 
the plans proposed by the junta de f omen to in 1825 were doubtless taken into 
consideration and adopted to a certain extent. See chap. i. of this volume. 

• Mexico, Reglamento para la colonization de los territorios de la repiiblira. 
21 de Noviembre de JS28, MS. Translation in HaUecWs Report, App. No. 
5; Dwinelle'a Colon. Hist. S. Francisco, Add. 25-6; Wheeler's Land Titles, 
8 9; i. RochweU, 453. 

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



CONSTITUTION FOR CALIFORNIA. 33 

Oil May 12, 1827, the junta cle fomcnto 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 revalidate it in proportion to the part fullilled. 12. 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. 16. Spaces between colonized 
lands may be given to adjoining proprietors who have cultivated their lands 
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 Halfeck's L'cport, 121-2, a law of April 6, 1830, 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 forr-i 
ers. At least twice in these years, Oct. 7, 1827, and July 15, 1830, general 
orders were issued in California for owners of lands to appear and give in- 
formation about them and the titles. Olvera, Doc, MS. , 1 ; Dept St. Pap. , Den. 
Mil.. MS., bad. 3. 

8 For an account of the acts of the junta de fomento, see chap, i., this 
volume. Of this iniciativa de ley, I shall not attempt to present more than a 
brief resume' 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 vocates, or members, and 
three suplentes, or substitutes, for the territorial clip- 
utacion, which was ordered by Echeandia to convene 
at Monterey a little later. It does not appear that 
lie 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 bj^ 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. 26 articles. G. 
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 articles. 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 articles 
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 on 
June 26, 1826. There is attached to the iniciativa also the voto final 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, 2:1, Tiburcio Tapia, 3d, Ignacio Martinez, 4th, Antonio M a 
Ortega, 5th, Juan Bandini, 6th, Anastasio Carrillo, 7th, Antonio Buelna, 1st, 
Supl., Nicolas Alviso, 2d, Joaquin Estudillo, 3d, Romualdo Pacheco. Acta.i de 
Elecciones, MS. , 4-5; Dept St. Pap. , A ng. , 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 or nearthe capital and 
could be depended on. They were Francisco Pacheco, EstCvan Munras, Juan 
Jose Rocha, Mariano G. Vallejo, Jose" 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. Leq. Pec, MS., i. 47-o0; 
Dept Rec, MS., v. 67, 73, 75, 82, 87; Vallejo, Doc, MS., ii. 170; Dept St. 
Pap. S. Jose", MS., iv. 47; hi. Monterey, vi. 3-4. Alvarado's salary was to 
b.3 paid from the municipal funds of M. ntcrey'. 



ACTS OF THE DIPUTACXON. 37 

the night of the 13th, 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 June 14th, oath of office taken by diputados before Echeandia, and Mar- 
tinez chosen temporarily as secretary. June lGth, Comisario Herrera took the 
oath. A reglamento for the dip. was begun and completed at the next oes- 
sion of June 19th. Details of routine rules for business need not be given; 
suffice it 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 manifiesto urging certain changes and reductions i:i 
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 on finance. In afternoon Alvarado elected 
secretary, Martinez resigning. June 28th, sec. sworn in. Additional regula- 
tions of the liquor traffic. June 30th, July 2d, 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 not allowed toretire until Bandini should come. 
Contador appointed. July lGth, petition from padres that vessels be allowed to 
touch at the landings of Sta In6z and Purisima. No power to act. July 1 7th, 
18th, 20th, Sept. 19th-20th, action on revenue matters, involving the investi- 
ation of charges against Herrera, and resulting measures directed against him. 
See chap. iii. Pacheco as vocal suplente sworn in on July 20th. July 24th, 
long discussion on Bandini'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, 11th, 17th, Sept. 12th, regulations re- 
specting live-stock and branches of commerce and police therewith connected. 
Alviso sworn in Aug. 4th. Aug. 17th, Echeandia reportshaving ordered the pre- 
fect to establish a school in each mission. Sept. 1st, ayuntamien to called in and 5 
new members elected provisionally. See note 9. Sept. 11th, report received 
of removal of a local officer at Los Angeles. The next session regularly 
recorded, after Sept. 20th, was on July 10, 1830. Leg. Rec, MS., i. 47- 
104. Incidental mention, Arch. Arzob., MS., v. pt. i. 34; St. Pap., Hue, 
MS., xix. 39; Dept Rec, MS., v. 50, 126. 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 T , 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 the 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 

Viaggio, 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. Rec. , MS. , i. C2-3. On Nov. 3d, Echeandia forwarded this act to the 
secretary of relations, Dept 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 
lative record does not show the diputacion to have approved Bandini's 
motion to that effect. Taylor mentioned this proposed change of name in a 
jpaper article, and from him apparently it was taken by Tuthill. Hist. 
CaL, 123. 



GONZALEZ AND THE GOVERNOR. 30 

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 and the others; while 
he complained of insubordination on the part of the 
Californians. It is not very important, even if it were 
possible, to investigate the details and merits of this 
quarrel. Mexican and Californian 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 Ions: and somewhat incoherent 
complaints to Echeandia, asking to be relieved of his 

12 Alvarado, Hist. Cat., 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, Hid. Col., MS., ii. 206-71, 
notes a grand reception at San Jose", and a rather cool one at Sta Clara. 



38 ECHEAXDlA'S RULE— POLITICAL AFFAIRS. 

One act of this diputacion merits farther 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 c 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, w T as 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 the 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 

Viaggio, 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. Rec. , MS. , i. 62-3. 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 

lative record does not show the diputacion to have approved Bandiui's 

; m to that effect. Taylor mentioned this proposed change of name in a 
r.ev.spaper article, and from him apparently it was taken by Tuthill. Hist. 
Cat., 123. 



GONZALEZ AND THE GOVERNOR. 30 

condition of the country which he probably made as a 
result of his inspection. 12 For reasons with which 
the reader is familiar, Echeandfa 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 Echeandfa 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 and the others; while 
he complained of insubordination on the part of the 
Californians. It is not very important, even if it were 
possible, to investigate the details and merits of this 
quarrel. Mexican and Californian 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- 
arv 1827 he wrote long; and somewhat incoherent 
complaints to Echeandfa, 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 ]>. fled 
from Cal., as we shall see elsewhere. Vallejo, Hist. Col., MS., ii. 2(30-71, 
notes a grand reception at San Jose\ and a rather cool one at Sta Clara. 



40 ECHEAXDIA'S RULE— POLITICAL AFFAIRS. 

command, but refusing to be su-bordinate 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 was 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 6th, Apr. 10th, gov. to Gonzalez. Dept Bee, MS., v. 32, 36-7. 

14 Of Dofia Alfonsa, the beautiful wife of J. M. Herrera and daughter of 
Capt. Gonzalez, we shall hear more in later years. 

15 June 13th, Gonzalez to gov., protesting against firing a salute on corpus 
cristi day. Dept St. Pap., MS., ii. 23. July 14th, 27th, Sept. 27th, Nov. 16th, 
19th, 20th, 21st, gov. to Gonzalez, with repreniands for misconduct and disre- 
spect — including the shooting at an alcalde, and allowing his wife to meddle 
in official business. The order to prepare to march for Sta Barbara was on 
Nov. 16th. 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 Bee, MS., v. 64, 69-70, 92-3, 108-11. 

16 Dec. 15, 1827, Pacheco ordered to continue investigations. Dept Bee, 
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. Dept St. 
J'"})., ii. 73. Nov. 9th, gov. orders Gonzalez to leave on the Maria Ester. 
Dept Bee, MS., vi. 131. Dec. 22d, to same effect, hi, vi. 161. Dec. 9th, 
however, he was ordered across the frontier by land en route to Loreto. Id., 
yii. 260. Apr. 23, 1829, testimony of Gonzalez at S. Diego about a statement 
in a Mexican newspaper that he had destroyed a Spanish flag. Dept St. 
Pup., Ben. JUL, MS., lxxx.-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 cliputacion 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. Becchey, 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, Echeandfa'o summons to Estudillo, Alviso,Buelna, Ortega, 
Bandini, and Tapia to meet as agreed upon at the close of the last sessions, 
but not naming the place. Dept Pec, 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. Dept St. Pap., 
Ben. Mil., MS., lxvi. 90-1. Alvarado's own version is confused in respect to 
da^es, representing a first visit to S. Diego as having been in 1826, 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 
courteously, and a few days later explained his theory that as comandantc 
general he had the right to live where he 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 required 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, however, had some resentment 
against Alvarado, in whose handwriting was the protest. Soon, on account 
of a quarrel with P. Menendez, chaplain of the troops — a Dominican vvhece 
wine he had been drinking and whose sermons he had been writing — Alvarado 
was summoned before the gefe 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, a3 4th, 5th, Gth, and 7th respectively. Adas de E/ecciones, 
MS., 8; Leg. Pec, MS., i. 127; Dept St. Pap., S. Jos6, MS., ii. 12; Dept Pec, 



42 ECHEANDIA'S RULE— POLITICAL AFFAIRS. 

were summoned to assemble at San Diego on January 1 , 
1829; and they seem to have done 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 Buelna, 
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. Dept Rec, MS., vi. 159. Feb. 19, 1S29, 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 cf 
meeting except at the capital; therefore he asks them to go on at Monterey 
without his presence. Id., vii. 164. 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 believe3 
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. Id., 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, say3 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. 
Dept Rec, MS., vii. 128. May 10th, Win. A. Gale, in a letter to Cooper 
from S. Pedro, mentions the meeting ordered for June 1st. Vallejo, Doc, MS., 
xxix. 354. It seems that Sanchez was suspended from his position as dipu- 
tado in the course of this affair. Dept Rec, MS., vii. 260. 

22 Dec. 8, 1829, 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. Dept Rec, MS., vii. 260. 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 St. Pap. y MS., ii. 128. 



SESSIONS OF THE LEGISLATURE. 43 

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 v 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 

n Dcpt Bee, MS., viii. 25, 53, 61; Dept St. Pap., Ben. Mil, MS., ii. 4; 
Leg. Bee, MS., i. 130. The four were Buclna and Jose T. Castro, with Sal- 
vio Pacheco and Carlos Castro as suplentes. Other members came in later. 

u 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 on education, that schools be established at such missions as had none. 
July 16th, Juan 13. Alvarado was appointed contador de propios y arbitrios 
(municipal treasurer), in accordance with a decree of the cortes in 1813. Sal- 
ary, 815 per month. July 16th, 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 1827 was 
modified in some respects, the changes including provision 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 wa3 voted for 
the teacher of S. Diego. July 24th, boundaries of the egklos of Monterey 
were fixed. See local annals. July 28th, boundaries of the jurisdiction of 
Monterey, continued. July 29th, same subject, continued. Also the secu- 
larization project taken up, and the first articles approved. See chap. iv. July 
31st, Aug. 3d, approval of Echeandia's secularization plan concluded. Aug. 
Cth, 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 as 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 6 articles for the contador de propios y arbitrios discussed and approved. 
Details of keeping the books of the office, etc. Aug. 13th, 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 and 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 Vallejo 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. Bee, 
MS., i. 130-72. 



44 ECHEANDlA'S RULE -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- 

23 Echeandia, Bando sobre Elecciones, 182S, 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. 3-6. 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. Jos.'; 
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 cf 
the acta. 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. 26-8. 
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 certified copy of the acta, given to the successful 
candidate, and also sent to the president of the territorial junta. 36-8. Ter- 
tiary or territorial junta to consist of the 6 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. 42-6. Election first of a diputado, and then of a suplente. 
Method as before, except that the meeting must be with open doors, tho 
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 officials debarred. 53-6. Method and form cf 
credentials. 57. The day after this election of a congressman, the junta is 
to renew the territorial dip. by electing the new members required, in tho 
same manner as before. 53. After the election, all officers, electors, and cleci 
shall pass to the church, where shall be sung a solemn te deum of thanksgiving. 

On pp. 1 25-30, in continuation of the preceding bando, there are partial 
records of the primary and secondary elections at the different places except 
8. Francisco. The electors who met at S. Diego were Miguel Gonzalez do 
Alava, for S. Jose"; Jose Tiburcio Castro, for Monterey; Francisco Atanaso 
Cota, for Sta Barbara; Manuel Dominguez, for Los Angeles; and Agustin V. 
Zamorano, for S. Diego. Lee/. Bee, MS., i. 126; Dept Bee, MS., vi. 107; 
Adas de Elecciones, MS., G-7. In the last-named authority, the election of 



MAITORENA FOR CONGRESS. 45 

ber of congress to take the place of Gervasio Arglie- 
llo for the term of 1829-30; and on Sunday, Octo- 
ber 5th, Lieutenant Jose Joaquin Maitorena of Santa 
Barbara was chosen for the place, with Santiago Ar- 
gtiello as substitute. This was a most extraordinary 
choice; for Maitorena, th6ugh 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- 
pir 



*ed. 26 



Maitorena by 3 votes and Argiiello by 4 is recorded, as also in St. Pap., Sac, 
MS., xix. 48; Dept. St. Pap.,S. Jost, MS., iv. 74; and Leg. Pec, MS., i. 133. 
Echeandia's bando is also found in Dept. St. Pap., S. Jose", MS., iv. 55-71. 
Aug. 1 st, E. orders comandantes and alcaldes to publish the bando. Dept. llec, 
MS., vi. 74. Nov. 1828, Jan. 1 829, E. orders Maitorena to start for Mexico. Id., 
vii. 70; vi. 128. June 25, 1829, 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. Id., vii. 23. 

26 Jos6 Joaquin Maitorena entered the military service as a soldado distin- 
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 1806; 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; Dept. Pec, 
MS., v. 39, 121-2; Doc. Hist. Cal, MS., iv. 055-G. 181G-21, corresp. of Sola 
and Guerra, with frequent mention of Maitorena's drunkenness, and the result- 
ing troubles to his family as well as to the public service. Guerra, Doc, MS., 
iii. 95-6, 101, 113; iv. 4, 16-19, 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 Varela, 
dated Tepic, Aug. 1, 1829. Guerra, 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 hisvidticos. 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 ECHEANDIA'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- 
clia, 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 
le<ml adviser. He arrived about the same time as 
Padres, and took the oath of office at San Diego on 
August 18, 1830. 23 The political struggles, revolu- 

also noticed in Alvarado, Hist. Col., MS., ii. 122-6; Fernandez, Cosasde CaJ., 
MS., 35-7; Vcdlejo, Hist. Gal, MS., ii. 18-24. Alvarado attributes to him 
many good qualities, although admitting his faults. Maitorena left some 
kind of a quarrel with Capt. Miguel Gonzalez, which both Gov. Victoria and 
Gov. Figueroa 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. Pop., Ben. Mil., MS., lxxiv. 

21 Mexico, Mem. Hacienda, 1830, annexes 24, 33, 37, 41, 43, 44, 52, 5G, 57, 
64. Aug. 17, 1S29, 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. Arrillaga, Reco- 
pilacionde Leyes, 1829, p. 214-23; 1831, 24-36, 48. 

23 In Mexico, Mem. Guerra, 1830, annex. 1-3, the force in the Californiaa 
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. Siqj. Govt 
St. Pap., MS., vi. 2. Arrival of Padres at S. Diego on the Leonor on July 
1, 1830. Sup. Govt St. Pap., MS., vi. 9; CarrUlo {J.), Doc, MS., 27-8; Dept. 
St. Pap., Ben. Mil, MS., lxxii. 21. 

29 Gomez's taking possession of the office. Dept. St. Pap., S. Jose", MS., iv. 
91 ; Id., Mont., vi. 6; Id., Ben. Mil, lxxii. 21, 42; Dept. Pec., MS., viii. 92. 
lie had a salary of $3,000. The law creating the office seems to have been 
dated July or Aug. 29, 1S29. In his 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. Jusllcia, 1831, p. 7, annex 4. Mexico, Mem. Hacienda 1832, annex X. 
(Jet. 12, 1829, Virmond from Mexico announces the appointment of the fol- 
lowing officers for California: Ilafacl Gonzalez, administrator of customs at 
Monterey; Manuel Jimeno Casarin, contador of custom-house; Francisco Perez 



. A PftNAL COLONY. 47 

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 resguardo; and Lieut. Zamorano, promoted to 
captain. Guerra, Doc, MS., vi. 145. 

30 Sept. 9, 1820, news of Pres. Guerrero's accession received. Dept. Rec, 
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. Dept. 
Rec, 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. Relatione* , 
1829, p. 21. 

32 April 29, 1829, secretary of justice issues a circular urging judges to sen- 
tence criminals to California presidios instead of Vera Cruz. Order trans- 
mitted by secretary of war. May 9th, further orders to governors of different 
states about forwarding convicts. Arrillaya, Recop., 1829, p. 67-9. 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. 2G9-70. 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, 1830, 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 Vallejo, Doc, MS., xxix. 408-80; St. 
Pap., Ben., MS., i. 82-9; Dept. St. Pap., Ben. Mil., MS., lxxx. 12-13; Id., 
Ben. Gust. -II., MS., iv. 484-5. List of 80 convicts brought to Cal. on the 
Maria Eater, with full particulars, in St. Pap., Ben., MS., i. 8G-9; Dr/4. St. 
Pap., Ben. Mil., MS., lxxii. 19. List of G9 convicts sentenced to California 
before Dec. 1829. Vallejo, Doc, MS., xxxi. 85; St. Pap., Sac, MS., xi. 10-12. 



4S ECHEANDf A'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. Bee, MS., vii. 38-40. In Doc. 
Hist. CaL, MS., iv. 897, I find an unsigned document dated Mexico, April 
25, 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 Esterleit Acapulco Dec. 19th, touched at S. Bias and S. Lucas, 
and lost one convict on the voyage. The exact number varies from 77 to S3 
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; 7c/., Ben. 
Cust.-H., iii. 55-6; Dept. Bee, MS., viii. 25, 28, 50. 

3 ' J Com. Carrillo's letters to the governor about landing the convicts on Sta 
Rosa Island in March-Apr. 1S3D. Dept. St. Pap., Ben. Mil., MS., lxxxviii. 
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. 
< 'arriilo (J. ), Doc. , 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. Bee, MS., viii. 29-32. Mrs. Orel, Ocurrencias, 
MS., 25-7, says the convicts were in a naked and very filthy condition on 
tlieir 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 came 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 comau- 
dante. Dept. Bee, MS., viii. 122. 



COMING OF THE CONVICTS. 49 

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, aboux 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, 
Jos6 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. Jost, 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. -IF., MS., iii. 54; Dept. Bee., 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 
i^noraba que existiesen familias decentesy de educacion en la peninsula,' he 
said to Lieut. Sanchez. A squad of soldiers came as a guard of this las!: 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. 

Hist. Cal., Vol. III. 4 



50 ECHEANDIA'S RULE— POLITICAL AFFAIRS. 

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 leading roles, and the occasion beinof an insult- 

i • -r • 

ing toast by Phego. 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 October 3, 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 beino- 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. Cal, MS., ii. 116; iii. 8- 
1 1 ; Voile jo, Hist. Cal. , MS., ii. 1 13-15. Incomplete record of proceedings in the 
Castro case. Dept. St. Pap., Ben. Mil., MS., lxxi. 60-6. On another occasion, 
according to Alvarado, Jose" Castro slapped Pliego's face in return for insulting 
remarks on the lack of education among the Calif ornians. 

41 July 12, 1830, Mexico, Reglaspara las eleccionesde Diputados y de Ayunta- 
mientos, del distritoy territorios dela Republica, 1S30. 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 Bar- 
bara; Juan Maria Osuna, of S. Diego; Jose" Antonio Carrillo, of- Los Angeles; 
Jos6 Pena, of S. Francisco; and Juan Malarin, of Monterey. The 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 Elecciones, 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. Rcc, MS., viii. 104. Record of municipal or primary elec- 
tions at S. Francisco Aug. 15th; 9 electors chosen. Vallejo, Doc, MS., i. 6; 
at Los Angeles, same date, Los Angeles, Ay unt. Rec, MS., 6; at S. Diego, 
Aug. 22d, 13 electors chosen. It is difficult to account for the large number 
in comparison with other places. S. Diego, Arch., MS., 16-17. The three vo- 
cale3 of the dip. chosen Oct. 4th to take the place of retiring members were 
.Mariano G. Vallejo, 5th; Joaquin Ortega, 6th; Antonio Maria Osio, 7th. Su- 
plentes: Francisco de Haro, 1st; Tomas Yorba, 2d; and Santiago Arguello, 
3d. Adas de Elecciones, MS., 11; Dept. Rec, MS., viii. 104. Oct. 7th, gov. 
notifies Vallejo of his election. Vallejo, Doc, MS., i. 7. 



EXPULSION OF SPANIARDS. 51 

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 Arrillarja, JRecop., 1828-31, passim. Law of 1827 in Id., 1828, p. 100- 
7; Law of 1829 in Id., 1831, p. 224-G. See also Sup. Govt St. Pap., MS., 
v. 2-5; xix. 44-54; Dept. St. Pap. y MS., v. 23; Vallejo, Doc, MS., xxxi. 5; 
Dispos. Variant) ii. 55. 

43 Espauoles, Relation de Jos Militares Espanoles, que lian prestado jura- 
mento, con expresion'de sus closes, edades, servicios, etc., 1S28, 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 Cand, one of the Asia's men; Juan Mariner, retired artillery- 
man with rank of lieut. — over 60 — 33 years in Cal.; Manuel Gutierrez, 45 
years, 7 in Cal.; Francisco Caceres, 3G years, 11 in Cal.; Jose' Amesti, 33 
years, 7 in Cal.; Estevan Munras, 39 years, 8 in Cal.; Antonio Suilol, 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; Jos<5 
Fernandez, 25 years, 11 in Cal.; Luis Castro, deserter from the Aquiles; aa 
were also Jos6 Nadal, Francisco Fernandez, Francisco Filibert, Ramon Obes, 
sergt., Pablo Sobradelas, Jose M a Iglesias, trader, Miguel Culebras, trader; 
Rafael Romero, 30 years, suspected thief; Juan Ign. Mancisidor, 40 years, 
supercargo; Antonio Jose" Cot, already embarked; Francisco Martinez, ha3 
passport; P. Luis Martinez, has passport. Contrary to the indication in the 
title, many of those named had not taken the oath, but had been ordered to 



52 ECHEANDIA'S RULE— POLITICAL AFFAIRS, 

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. 44 
Another branch of this national proscription was the 
decree of Maj r 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, 125-6, 153; vii. 204, 209; Dept. 
St. Pap., MS., xix. 6-8, 19, 22, 45; St. Pap., Ben., MS., i. 73-5. Nov. 22d, 
1S28, Echeandfa 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 Barbara had sworn to the independence. Dept. St. Pap., Ben. 
Pre/, 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 
doserter 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. Padres wrote to 
the sup. govt, attributing the evils in Cal. to Spanish ideas, and complaining 
that the law on expulsion had not been executed. Oct. 6, 1830, Minister 
Alaman writes to the gov. for an explanation. Sup. Govt St. Pap., MS., vi. 
10-11. 

41 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 Echeandia's list). 
Aug. 11th, governor's report to minister of relations. St. Pap., Sac, MS., 
x. 42-0. List of the nine at first deemed liable to expulsion. Dept. St. Pap., 

■ Mil., MS., lxix. 29-30. List of nine Spaniards who ask to remain, 
mostly on the ground of infirmity. Munras, however, simply wants an ex- 

>ion of time. Dept. St. Pap., MS., xix. 11-14. Aug., 2 Spaniards at S. 
I . tncisco; 2 at Los Angeles; and 1G 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), Sunol, Torre, Amesti, Munras, Fog6 (or 
1 nr), Jose" Fernandez, and Luis Castro. St. Pap., Sac, MS., x. 49-52. 
( bjebraa asked for a passport to Ross, but was refused. Dept. Rec, MS., vii. 



THE GOVERNOR'S DEMANDS. 53 

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 |,o 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. i7 
Some of his requests were granted. Jose Maria 

45 Decree of May 10, 1827. Dept. St. Pap.> Ang. t MS., ix. 3. Half-pay 
order, Oct. 1829. Id., Ben. Com. and Treat,, MS., ii. 7; Dept. St. Pap., 
Ben. Mil., MS., lxxix. 13. Guerra and others suspended. St. Pap., Sac., MS., 
x. 67; Ord, Ocurrencias, MS., 18. Sept. 3, 1829, discharge of soldiers ordered 
by Echeandia. Dept. Bee, MS., vii. 220. July 15th, a soldier at Sta Barbara 
discharged. Dept. St. Pap., Ben. Mil., MS., lxx. 1G. Casares, or Caceres, one 
of the Spaniards sent away, was a regidor of Monterey. Dept. Bee, MS., vi. 
171. 

46 Dept. Bee., MS., vi. 94, 197, 2G4-G; vii. 83, 254. The pirate was re- 
ported to be the Griego, Capt. Juan do 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 their 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. St. Pap. y 
MS., ii. 44; Dept. Bee., MS., v. 125-G, 131, 133; St. Pap., Sac., MS., x. 40-1, 
44-5. 



54 ECHEANDIA'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 Bustamante'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 politica 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 

48 Padres 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.,\ T . 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. 
MIL, 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. Guerra, 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 Padres 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. 

51 March 8, 1830, Victoria's appointment. March 11th, Minister Facio to 
Echeandfa, ordering him to surrender the gefatura of California to Victoria, 
and of Lower California to Monterde. Sup. Govt St. Pap., MS., vi. G-7. 
March (3, 1830, Capts. Juan Zamora, Juan Aguayo, Geionimo Hernandez, 
and Luciano Mufioz; Lieut. Leonardo Diez Barroso, and Alf. Mariano Crecero 
have boon destined to California. Id., vi. 5-6. 



RECEPTION AT MONTEREY. 55 

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 popularit}^. 52 

52 Gonzalez, Experkncias, MS., 26-7* describes his formal reception at Sta 
Barbara by the ayuntamiento. Alvaradc, Hist. Cal., MS., ii. 150-7, says his 
reception at the capital was enthusiastic, Lieut Estrada making for all the 
citizens a speech of reconc iliation, and the governor joining most heartily in 
the ensuing festivities. 



CHAPTER III. 

ECHEANDlA 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 — Re- 
volt of 1828 — Revolt of 1829 — Causes — Monterey Taken — Joaquin 
Solis — Plan of November 15th — Arguello Declines the 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 — Avila 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 

(56) 



HARD TIMES— SOURCES OF REVENUE. 57 

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. 
Beechcy's Voy., ii. 10. March 30, 182G, 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., 
lvii. 13. April 30th, no funds to furnish $400 for the celebration of a great 
national event. Id., lvii. 14. Hartnell lent the comisaria 264 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. oth, gov. lends 
$600 in view of the urgent needs of the soldiers. Dept. Bee, 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. 1.828, March 
3d, troops naked and in great want. Could get no part of their dues. Dept. 
St. Pap., Ben. Mil., MS., lxvi. G8. Same date, gov. tells com. gen. that 
no supplies have been sent from Mexico for a considerable time! Dept. Bee, 
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., lxvi. 24-5. 



58 ECHEANDIA 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, 
apd 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 w T as 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, i., 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 $3,000 
for goods supplied from the Maria Ester; and again in Dec. he supplied the 
same amount in goods and silver coin. Dept. Bee, MS., vi. 1, 153, 168, 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. 160. 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. 
Valkjo,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. Bee. , 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 n 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 beingf 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 



6£ 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. St. Pap., Ben. Com. and Treas., MS., i. 22. March 25th, 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. Estudillo for a just rep- 
rimand becomes abusive. Id. , i. 41-2. May 11th, E. orders that all amounts 
due the treasury be paid at the comisario's office. Dept. Pec, 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 11th, 
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. 11th, 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 
things, since he had positive orders to do so. Id. , i. 23-34. Oct. lGth, 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 he 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- 
ico. Dec. 27th, 30th, orders from Mexico requiring half the revenues to be 
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. 



CHARGES AND INVESTIGATIONS. 61 

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 Vallejp 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. Cal. , MS. , 
ii. 111-17, 132-46, is especially bitter in his criticism, charging H. with 
dishonesty, embezzlement, conspiracy, usurpation, insolence, and pretty much 
everything that was bad. Osio, Hist. Cal., MS., 122-3, is hardly less severe. 
Vallejo, Hist. Cal., MS., ii. G2-3, tells us that H. 'did nothing but conspire 
and make trouble.' J. J. Vallejo, Reminis., MS., 91-2, represents H. as 
intriguing with the support of the padres to unseat Echeandia and put himself 
in power. Duhaut-Cilly, Viaggio, i. 282-6, describes the quarrel without 
attaching much blame to Herrera; and it is to be noted that Mrs. Ord, one of 
the clearest-headed Californian 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 Californias, Jos6 
Maria Herrera, 1827, MS. ; also an abridged record in the archives. Capt. 
Guerra testified that of the $22,000 the Sta 13. Co. had got only 33,600; 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, Maitorena 
attempts to show some irregularities in the collection of duties from the Nile, 
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. 
Padr6s that H. had invested the balance in goods, having admitted as much 
to him, Padres. It was a notorious fact that Bringas had sold the goods at 
the presidios, towns, and missions of Cal. Alf. Juan Jose" Rocha confirmed 



G2 ECHEANDIA AXD 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 
which he had brought to California and sold, S3, 000 belonged to his friend 
Tejada, a trader of Saltillo, and $1,500 had been committed to him by H. a3 
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 PI., 
whose accomplice he was. One of the documents exhibited by Bringas, in 
support of his testimony, was a draft bearing the name of Wm. 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 IGth, Echeandia in a circular orders the ap- 
prehension of Bringas, who is to be compelled to testify. Dept. lice, 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.,\. 130. 
July 10th, II. 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. 7(3-9. 



ACTION OF THE DIPUTACION. 63 

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; but 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., MS., i. 91-101. For contador the terna was, 1. Pablo Gonzalez, 
2. Joaqnin Estudillo, 3. Manuel Dominguez. For treasurer, 1. Jos6 Antonio 
Carrillo, 2. Jos6 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 final vote was secret, no n;nues being given. 

8 Appointment of Gonzalez, who spoke English, as contador, July 23d. L<g. 
Rec., MS., i. 64, 01; JJrpt. I;ec, MS., v. 71. Aug. 7th, Echeandia to com. 
gen. Says he has forwarded to the secretary of the treasury the secret in- 
vestigations against II., whom the diputacion does not suspend for want of a 
suitable man to take his place. Id., v. 138. Sept. 10th, H. to com. gen. 
complaining that the ministro de hacienda fails to answer his important ques- 
tions. Dept. St. Pap., Leu. Com. and Trcas., MS., i. 91. 



64 ECHEANDIA 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 

9 Leg. 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 Argiiello, 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. 26th, H. to Estrada, announcing his resignation. Vallejo, 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. A^ch. A rzob. , MS., v. pt i. 38-9. Echeandia's argument quoted 
in Vallejo, Hist. Col., MS., ii. 172-4. E. says in 1829 that H. 'se suspendi6y 
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., lxx. 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 inCal. 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. 11th, 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 
hi3 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 182S. 65 

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 bv 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 t:ell 
his furniture to keep alive. Dept. St. Pap., MS., ii. 51. Oct. lGth, 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 
justifyhis own action or that of the diputacion. Dept. Pec.,MS., 101, 103;Dept. 
St. Pap., S. Jose, MS., iv. 49-50; Dept. St. Pap., Aug., 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 $40,000 annually. Dept. liec, MS., v. 
139. Nov. 27th, E. tells the comandante that the company officers had 
never been free from responsibility in the matter of finances. Id., v. 105. 

11 Dept. Rec, MS., vi. 13, 133;i^. Bee, 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. Pec., M.S., 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 B., 
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 

Hist. Cal., Vol. III. 5 



GO ECHEANDIA AND HERRERA— THE SOUS 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 they were paid, thereupon marching 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 
Pacheco persuaded the rebels to return to their duties, 
several of the number being put in prison to aw T ait 
the decision of the supreme government on their 
fate. 13 All agree that want of clothing and food w r as 

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. Dept. St. Pap., 
Ben. Com. and Treas., MS., i. 96-103. June 13th, H. to E. Protests against 
what is virtually his arrest, since he is not allowed to leave Monterey for Sta 
Barbara and S. Diego to attend to business. Dept. St. Pap., MS., ii. 58. 
July 1st, H. required by the pres. of Mexico to form a regular accusation 
against E. ; nothing to be kept back. /(/., Ben. Com. and Treas., i. 92-3. Aug. 
7th, E. says he did not intend to prevent H. from travelliug by land within 
the territory. Dept. Pec, MS., vi. 79. Sept. 15th, E. to com. gen. Says 
H.'s charge 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 his 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. Pre/, y Juzg., MS., i. 6, 8-9. Oct. 
18th, Echeandia orders comandante of Monterey to bring the rebels to trial 
by court-martial; but if he cannot master them, to offer a pardon. Dept. 
llec., 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. Pec., 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 miUtares. Vallejo, Doc., MS., i. 159. 
Jan. 1S29, liscal's opinion in case of Francisco Soto for the revolt of Oct. 
Sth, and other insubordination, then in prison. Thinks the death penalty 



DISCONTENT OF THE SOLDIERS. 67 

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. Dept. St. Pap., Ben, Mil, MS., lxix. 24. Osio, Hist. 
Col., MS., 123-5, says 40 soldiers, not including the older sergeants and cor- 
porals, marched 12 leagues to Codornices Mt., and were induced to come 
back by Pacheco and the padres, the former offering to intercede for their 
pardon. Vallejo, Hist. Gal., ii. 83-5, tells us the cavalry company went to 
Sauzal, could not agree among themselves, and when Pacheco put himself at 
their head, the}' 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 Vejar, 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, JRecuerdos, 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, Reminisce ncias, MS., 8-9, says that Arces was 
leader, and that the rebels went as far as Sta Cruz, S. Juan, and S. Jos<5. 
Avila, 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- 
rias, MS., 80, tells us it was a long time before all returned to duty. He 
and Jos6 de Jesus Vallejo, JReminis., MS., 15-10, 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, Couvul- 
siones, MS., 8; Ord, Ocurrencias, MS., 24. 

14 Oct. 20th, gov. tomin. of war. St. Pap., Sac, MS., x. 38-9. 



68 ECHEAXDIA AND HERHERA— 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 
2 2d, 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 w^as ignored in all 
the proceedings arising from later troubles. 1 



16 



15 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., S-10: Avila, Cosas de CaL, 
MS., 25-8. 

J 6 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. t MS., vi. 16. June 25th, Alf. Fernandez reported to the com. the revela- 
tions of Mariano Peguero, corporal of artillery, and of private Pedro Guerrero. 
Gabriel Espinosa and Raimundo de la Torre were named as concerned in the 
plot. The cavalryman, Juan Elizalde, confirmed the statements of Peguero 



REVOLTING TROOPS TAKE MONTEREY. G9 

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., lxix. 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. Pup., MS., 
ii. OG-7; Dept. Rec., MS., vi. 187. July 8th, gov. orders artillery comand ante 
to redouble his efforts to prevent the threatened revolt. Id., vii. 193. Sept. 
22d, Jose T. Castro, alcalde, assures Echeandi'a of the fealty of S. Jose\ St. 
Pap.. Miss, 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. It. Torre, Vo'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. Feguero, 
Vejar, and Espinosa arrested Jimeno. Several witnesses testified that Alva- 
rado and Castro were imprisoned. Avila, Cosa-s de Gal. , MS. , 25-8, was told by 
Vejar at the time that the object was to make the officers eat morizqueta and 
learn how the soldiers had to live. Spence, Hist. Notes, MS., 3-7, says Solis 



70 ECHEANDIA AND HERRERA— THE SOLIS REVOLT. 

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! 

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 petitioner ' 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 marched 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 
relic ved 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 lice on one of the vessels in port. Torre, JReminis., 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 Soledadj arriving on the night of the revolt. Osio, Hist. CaL, 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. 
Vejar, liccuerdos, 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 Dcpt. St. Pap., 
Ben. MIL, MS., lxxii. 45, signed I)}' Peguero, Leon, Gabriel de la Torre, and 
Petronilo Rios. See also Id., p. 40, 43, 53, 55. 



, A PRONUXCIAMIEOTO. 71 

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 of November 15th. It was read aloud 
to a group of foreigners, including Hartnell, Spence, 
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 brazosfuertes, 
on whom dependence was placed. One was supposed to be Herrera, and the 
o her perhaps Capt. Gonzalez, or Lieut. Lobato, or Francisco Pacheco. Solis 
claimed to have acted in many things on H. 's advice after he had taken the 

Lmaud. 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 clay he was offered the cotn- 
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 w<is 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. l)ept. St. Pap., MS., lxxii. 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. 

2x) Soils, Manifie8to al Publico, 6 sea Pfande Revolution, 1820, MS. It was 
signed by Solis, Pegucro, Leon, liios, and Gabriel de la Torre. In substance, 



74 ECHEANDIA AND HERRERA— THE SOLIS REVOLT. 

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 ayuntamiento 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 
vaoaie 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, Becuerdos, MS., 9-17, says 
he had for a week the key of the comisarfa, 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., 143-6, 
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. Estevan 
do la Torre, Reminis., MS., 12-14, gives some details of the capture by his 
brother of Fernandez del Campo at S. Juan. Vallejo, Hist. 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 Soledad 
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, 69-70, says that Solis seized about $3,000 in the comisarfa, and 
levied a contribution on the inhabitants. James 0. Pattie'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 
how they managed their own affairs before we committed ourselves by 
taking an active part in them.' Pattie's J\ T ai\, 222. 



AT SAN FRANCISCO. 75 

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 Solis. 2 * 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 Argiiello'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. 3G9. Nov. 25th, Alcalde Archuleta 
seems to accept the plan. Id., v. 357-8. Amounts of money obtained, .$140 
at S. Juan; $100 at Sta Clara; and $200 at S. Jose". Drpt. St. Pap., Ben. Mil, 
MS., lxxii. 46. Nov. 2Gth, Solis, at Sta Clara, to ayunt. of S. Jose". Must 
have 81 00 from municipal fund or nearest mission in order to resume his march. 
S. Jose, Arch., MS., vi. 14. Nov. 30th, Id. to Id. from S. ¥., 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, 6th, 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. 6th, Solis, back 
at Sta Clara, gives receipt for $100 of the tithes of S. Jos6, and $200 of Sta 
Clara. Id., ii. 49. Dec. 11th, Solis, at La Laguna, with complaint against the 
alcalde of S. Jose for nothing in particular. Id., i. 35. 

•io Yah. 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 Jose 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. Jose, 
asking for a rcenforcement of 10 vecinos. S. Josd, Arch., MS., i. 33. In Feb. 
and March 1830 Corporal Joaquin Pifia, who had been in command of the ar- 
tillery in the past Nov., was accused of insolence to Martinez on Nov. 28th, 
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. 21st or 22<1, and of having 
sent to Solis a written surrender of the presidio, much to the disgust of Pifia, 
but with the approval of Francisco dc Haro. Dept. St. Pap., Ben. Mil., MS., 
lxxi. 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. 



76 ECHEANDIA AND HERRERA— THE SOLIS REVOLT. 

Argiiello, while 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 Piila 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 Ines 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. 

26 The march south, organization of the army, trifling details. Dept. St. 
Pap., Ben. MIL, MS., lxxii. 41, 45-G, 76-7, and scattering. Jan. 15, 1830, 
Alcalde Soberanes writes from Monterey that he has notice of Solis passing 
Purisima on Jan. 10th, and that Pacheco is awaiting him at La Cieneguita 
with 200 men. S. Jose, Arch., MS., i. 37. Osio, Hist. CaL, 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 Herrera; and that a sergeant of artillery went south 
in his army with the express purpose of betraying him (Lazaro Piiia?), as he 
did. 



REVOLT IN THE SOUTH. 77 

Consequently he declares that the adherents of Solis, 
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 haired, 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 Echeandfa's arrival, the garrison rose much as 
at Monterey, and held the presidio for nearly two 
clays. 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 

27 Nov. 25, 1829, Echeandia's circular. Dept. Bee, MS., vii. 257. 

28 Nov. 27, 1829, E. to min. of war. St. Pap., 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 want of 
funds, the difficulties of communication, etc. He wants officers, troops, 
priests, money, and above all, just now 50 men from Sonora to establish com- 
munication by land. 

29 Nov. 26, 1829, Echeandfa orders the comandante to summon the militia 
in case of need to serve against Solis. Dept. lice, MS., vii. 258. Dec. 30th, 
Argiiello assures E. that all at San Diego are opposed to the plan and deter- 
mined to support the govt. Dept. St. Pap., MS., ii. 92. Sergt Jose' Maria 
Medrano was accused by P. Menendezof saying that he had expected the out- 
break since July, and that had he been at Monterey he would have favored 
the plan; but after investigation the padre's testimony was doubted, and 
Medrano acquitted as a faithful soldier. 



78 ECHEANDIA 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- 
andante, and Rodrigo del Pliego were seized and 
placed under arrest in Pacheco's house, guarded by a 
corporal and eight soldiers. Sergeant Damaso Rod- 
riguez 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 w r as 
proposed, but was postponed until the soldiers of the 
mission guards should come to claim their share. The 
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 reenforcements of men, 



30 The best account is given in the testimony of the artilleryman Maximo 
Guerra. Dept. St. Pap., Ben. Mil., MS., lxxii. 65-7. 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 
C Mho ran away; also Jose" Maria Perez. Luciano Felix, and Ex-alcalde Fer- 
nando Tico, who spoke of Anastasio Carrillo as the prospective comandante. 
Soto in his testimony, Id., 62-3, 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., 26-9, who was alcalde of Sta 
Barbara 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. Rec., MS., vii. 259. Slight mention in St. 
Pap., Sac., MS., x. ;")(!. Mrs Ord, Ocurreneins, MS., 28-32, tells us that all 
the artillery revolted except Corporal Basualdo, who took refuge in the com- 
andante's house. 



CAMPAIGN OF SANTA BARBARA. 79 

animals, and supplies from the pueblo and missions, 31 
stationed Pacheco with about ninety soldiers at Ciene- 
guita, two or three miles from the mission, and awaited 
the approach of the rebel forces. The 7th of Jan- 
uary, 1830, he issued a proclamation, in which he called 
upon the Monterey insurgents to surrender on condi- 
tion 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 re- 
volt 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 rebel- 
lion against the republic, a state of things that could 
lead only to blood and ruin. 32 Next day he received 
a communication from Solis, dated at Santa Ines 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 day with a refusal. He or- 
dered 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. 33 

None of the Solis men accepted the first offer of 
pardon received at or near Santa Ines. No obstacles 
had yet been encountered, and this revolt was so 
planned as to overcome everything else. It was yet 
hoped that the Santa Barbara 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 

31 Thirty-one citizens went from Angeles. Do.pt. St. Pap., Ben. Mil., MS., 
lxxiii. 60-1. Dec. 20th, Echeandfa directs padres of Staines and Purisima 
to send to Sta Barbara all people capable of bearing arms; also all spare ani- 
mals and supplies to keep them from the hands of the rebels. Dept. Rec, MS., 
vii. 260. Jan. 5, 1830, E. orders alcalde of Angeles to send armed and mounted 
citizens. Id., viii. 2. Pacheco's advance guard consisted of 30 of the Maza- 
tlan company, 8 artillerymen, 30 of the regular presidial company under Alf. 
Pliego, 20 of the 8. Diego company under Alf. Ramirez, and about 100 neo- 
phytes with bows and arrows. St. Pap., Sac, MS., x. 56. 

32 Jan. 7, 1830, proclamation. Dept. itec.,MS., viii. 4. 

12 Id., viii. 4-7. 



80 ECHEANDIA AND HERRERA— THE SOLIS REVOLT. 

change of base to prevcnfcbeing cut off — that is, they 
retreated from Cienesmita 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 siodit 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." 35 
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 verifiqve al mo- 

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

35 Jan. 2G, 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., lxxvi. 23. Jan. 16th, 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. Pec, MS., viii. 
10. Jan. 13th, Pacheco tells E. that he has gained an advantage over the foe. 
Id., viii. 85. 

36 Jan. 15th, Solis from 'Campo Nacional ' to E. Dept. St. Pap., Ben., MS., 
ii. 4. He was willing, however, to have a conference. 



BATTLES, OF CIENEGUITA AND DOS PUEBLOS. 81 

mcnto" 31 Dr Anderson wrote to Captain Cooper: 
"You would have laughed had you been here when the 
gentlemen from jour quarter made their appearance. 
All the people moved into the presidio, except thirty 
women, who went basf and basfofaofe 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." 33 
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. I<l., Ben. MIL, 
lxxii. 40. Jan. 15th, 10th, 18th, 28th, E. to J'acheco. Instructions about 
the pursuit of the rebels, and the retaking of Monterey. I)ept. lite, MS., viii. 
85-90. 

38 Jan. 24th, Dr Anderson to Cooper. VaUejo, Doc, MS., xxx. 7. The af- 
fair as reported at Monterey and reported by Pattie, Narr., 225, was as fol- 
lows: 'A continual firing had been kept up on both sides dining the three 
days, at the expiration of which Gen. Solis, having expended his ammunition 
and 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.' 

Hist. Cal., Vol. III. 6 



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 new T s 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, would 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 Malar in, 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 the 
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. 28th, Echeandia to Francisco Pacheco, 
in reply to the latter's announcement that order has been restored at Mon- 
terey. Dept. Pec., MS., viii. 12. 

» Jan. 26th, E. to min. of war. St. Pap., Sac., MS., x. 50-8. 

42 Feb. 4, 1830, Spence to Ilartnell. Vallejo, Doc., MS., xxx. 19. 

iZ 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., lxxii. G4. Galindo, 
Apuntes, MS., 8-] 3, tells us that the alcalde of S. Jos6 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 



END OF THE REVOLT. 83 

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. 44 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's 
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 Barbara, 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. Ecbedio 
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 ! Puttie'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., lxxv. 13. Botello, Anales, MS., 53, men- 
tions Avila as being at S. Buenaventura in 1838. For some reason unknown 
to me, the Calif ornians 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 



84 ECHEANDIA AND HERRERA— THE SOLIS REVOLT. 

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 45 
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 
Hag. 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. 46 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. P?~ov. St. Pap., Ben. Mil., MS., li. 2; 
Dept. St. Pap., Ben. JUL, MS., lvii. 3. 

4 ' Solis, Proceso instruido contra Joaquin Solis y otros Pevolucionarios de 
/ \ MS. These documents Jo not contain the final sentence under which 
the prisoners Mere sent away. 

"Pp. 78-105 of the Proceso noticed in the last note are entitled 'A utos 
q-tc acl<n-a n que <l <>!>}< iode la farcionde Solis era de pronunciarse en favor del 
Uobierno Espafiol.* Meliton Soto, Ivaimundo de la Torre, and Maximo Guerra 

e said to have spoken in favor of a arito for Spain; and a letter of Solis, 
(! N.l Jan. 17th, to 1*. Arroyo de la Cuesta, was produced, in which he an- 

uced 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. 



, EXILE OF HERRERA. 85 

their local chief, and Echeandia hoped he might now 
safelv 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. 48 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 cle hacienda. California's first 
revolution was over, and' little harm had been done. 53 

47 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. Cl-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. Suji. Govt St. Pap., MS., 
vi. 8. Miscellaneous communications respecting the trial in addition to those 
contained in the Proceso, in Dept. St. Pap., MS., ii. 127-130; Depjt. Bee, 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 Vejar, Victoriano Altamirano, Gonzalo Altamirano, Leonardo 
Arceo, Mariano Peguero, Andres Leon, Maximo Guerra, Antonio Guevara, 
Gracia Larios, In6s Polanco. Dept. St. Pap., Ben. Mil., MS., Ixxii. 17-18. 
Sailing of the Volunteer on May 9th. Id., lxii. 28. Pattie, Narr., 238-9, 
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. St. Pap., 
Ben. Mil., MS., lxxxii. 65. Six other men had been sent away from Sta Bar- 
bara in February in the Emily Marsham, 3 of them, Joaquin Garcia, Jose M. 
Arenas, and Antonio Peila, for complicity in the Solis affair. Dept. Bee, MS., 
viii. 74. 

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

50 The Solie revolt is described more or less fully in the following narratives, 
in addition to such as have been cited in the preceding pages: Avila, Cosas, 
MS., 25-8; Bandini, Hist. (Jul., MS., 71-2; Amador, Mem., MS., 86-90; Fer- 
nandez, Cosas de Cal., MS., 59-64; Pico, Hist. Cal., MS., 20; Castro, I'd., 
MS., 19-23; Pinto, Apunt., MS., 2; Valdta, Mem., MS., 18-20. It is men- 



86 ECHEANDf A AND HERRERA— THE SOLIS REVOLT. 

Respecting the management of the revenues in 
1829-30 there is little or nothing to be said beyond 
noting 1 the fact that Osio, Jimeno, and Bandini are 
mentioned as comisanos during 1830, without much 
regard to chronolog}^. 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. Cat., 130-1; Robinson, Life in Cal. t 
69-70; and Flint, Pattie's Narr., 222-30. 

5l SeeDept.St. Pap., MS., ii. 155-6; iii. 209-10; Id., Ben. Mil, lxii. 22; 
lxxiii. 53; lxxiv. 6; Dept. Bee, MS., vii. 246-8; Leg. Rec, MS., i. 269, 281- 
90. Apr. 25, 1830, the Calif ornian 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 min. de 
hacienda, but declined the place in Nov. 1830. Oct. 21, 1830, Echeandfa, 
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 
guard, with duties of alcalde, at $800; guarda and clerk at $400; servant at 
$144; patron and two sailors at $144 and $96. Dept. tit. Pap., MS., ii. 155-6. 



CHAPTER IV. 

ECHEANDtA 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 Will- 
ing — Northern 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 

x 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 Duran and Sanchez held the title of vicar under the bishop. 

(87) 



83 ECHEANDIA AND THE PADRES. 

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 fanega of 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. S.Jose, Arch., MS., i\. 13; Sta Cruz, Arch., MS., 47 -S; 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 Alex, 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. Pec, MS., v. 71. 

4 June 10, 1826, 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. A rch. A rzob. , MS. , 
v. pti. 13-16. Nov. 30th, P. Viader, upbraiding Lieut Martinez for not send- 
ing money to pay for blankets, says, ' My friend, we have now arrived at a point 
of elate et dabitur vobis.' Vallejo, Doc, MS., xxix. 94. Dec. 18th, Duran says 
he likes to see 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 pr£stamo para que se le reintegre por cuenta del 



OATH OF ALLEGIANCE. 89 

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 sfndico at Tepic 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 

snpremo gobierno.' Arch. Arzob., MS., vii. passim. A large number of 
drafts of comandantcs in favor of missions, 1825-30, in Id., v. pt 2. June 7, 
1828, Echeandi'a proposes that the expense of maintaining friendly relations 
with the Indians be deducted from the sums due the nearest missions. Dept. 
Pec, 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 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. Jos6 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. Cat., MS., 
iv. 897-8. July 17th, com. of Sta Barbara complains that the padre will 
neither give nor sell supplies. Dept. Pec. , 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 1825-6. 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 wa3 
wrecked at Acapulco late in 1827, but the cargo was saved. S. LuU Obispo, 
Lib. Mision, MS., 7. Aug. 25, 1828, $6,801 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 ECHEANDiA and the padres. 

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, 
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. Dept. Iiec, 
MS., iv. 39. Oct. 31st, Echeandia notifies S. that he must leave Mexican 
territory. Nov. 13th, Sarria says he is ready. Arch. Arzob., MS., v. pt i. 
24. Beechey, in 1826, speaks of S. as waiting at Monterey to embark. Voy- 
age, ii. 12. Vallejo, Hist. Col., MS., ii. 56-8, speaks of a personal interview 
between the gov. and prefect at Sta Barbara. Oct. 31st, E. notifies S. that a 
successor will be named and a passport issued. Dept. Bee, MS., iv. 11. Nov. 
30th, sends the passport from S. Diego to Capt. Gonzalez at Monterey. Id., 
iv. 17. Dec. 11th, S. to the padres. Has received his passport from the 
pres. of Mex. Is resigned, but asks for prayers. Vallejo, Doc., MS., xxviii. 
89. 1827, Duhaut-Cilly, Viagaio, 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 obey the 



FRIARS AGAINST THE REPUBLIC. 91 

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 comandantes to 
the friars; but it was not so much a call for views 
and arguments as for a formal decision in writing 
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., lvii. 13-14. 
Next day it was complained that P. Est^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. 128-9. 

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



92 ECHEANDIA AND THE PADRES. 

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 
comisario 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, Ripoll, and Juan Cabot were those named in 
June as having such intentions, and Vicente Cand 



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.;' Sancho, 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. Arguello, and called out by an argument of P. Ripoll, avIio it 
seems had wished to accommodate his conscience to the oath by bringing up 
anew the allegiance sworn to independence and Iturbide. Id., v. pt i. 10-13. 

10 Aug. 16, 182G, com. gen. to Eeheandia. Dcpt. St. Pap., Ben. Com. and 
Treas., MS., i. 36-8. Beechey, Voyaije, ii. 12, speaks of the dissatisfaction 
caused by the exacting of the oath, and says many padres prepared to depart 
rather than violate their allegiance to Spain. 



FLIGHT "OF EIPOLL AND ALTIMIRA. 93 

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 brio* Har- 
birtger, 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 Cane" to E. about the 80,000 shipped in August 1826. St. 
Pcqx, Sac, MS., xiv. 14-15. June 4, 1827, Gonzalez to E. Id., xiv. 20-30. 
G. was very violent in his eharges against the padres. 

12 Spence, in Taylor\ DIhcov. and Founders, ii. no. 24. Alvarado, Hist. Cal. , 
MS., ii. 131-2, claims that while Ripoll and Altimira were making their es- 
cape with the mission wealth, Echeandia wars being feasted by the other padres 
to avert suspicion. Vallejo, Hist. Cal., MS., ii. 59-00, gives the same version. 



94 ECHEANDIA AXD THE PADRES. 

and perhaps future comforts across the sea. The truth 
can never be known. An investigation brought to 
light 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 Bipoll 
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 lar^e 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 Bipoll 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 Badre 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 Dept. St. Pap., Ben. Mil., MS., lxvii. 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. 

14 Duhaut-Cilly, Viaggio, ii. 184-5. 

15 Mrs Ord., Ocurrencias, MS., 22-4, says they took no money at all. 
Pupoll wept as he took leave of some of his Indians who went on board in 
Steele's boat. Jan. 25, 1828, Echeandia announces the flight, and orders the 
Harbinger to be seized. Dept. Rec., MS., vi. 174. Jan. 28th, Alf. Pliego or- 
dered seci'etly to investigate the robbery said to have been committed by Al- 
timira. Id., vi. 175. Feb. 5th, Lui3 Argiiello alludes to the flight. St. Pap., 
Sue, MS., x. 102-3. Mar. 2Gth, the authorities at S. Fernando college disa- 
vowed having authorized or even known the flight. Arch. Sta. B., MS., ix. 
90-1. Mar. 20, 1829, the Zacatecas college will replace Ripoll and Altimira. 
Sup. Govt 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. 



PRESIDENT SANCHEZ ACCUSED OF SMUGGLING. 95 

and searched 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, 1 * 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. 20 

There would seem to have been some complaint 
aofainst Echeandfa 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. G3-4. 
June 8th, Sanchez to E. Id., G~>-G. Aug. 21st, 29th, E. to S. and to the 
alcalde. Dept. Rec, MS., vi. 84-5, 90. 

18 See chap. ii. of this volume. 

19 Oct. 20, 1828, Echeandia to min. of war. The padres are violent at the 
law for their expulsion, and are clamoring for passports and complaining of 
detention by force. St. Pop., Sac, MS., x. 39-40. Dec. 6th, 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. G, 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. Dept. Rec, MS., vi. 
50. Duhaut-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 
flock 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. Viagglo, ii. 200-1, 219-20. 

20 March 2G, 1828, P. Arreguin to Sarria. It had been at first proposed to 
dissolve the college; but finally the guardian and discretorio liad 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 G or 10 
servants of different grades. Arch. Sta B., MS., ix. 90-4. 



96 ECHEANDIA AND THE PADRES. 

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 clays later there came 
the law of March 20th, 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 them, 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. 23 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 Dept. Bee, MS., vii. 26-33. The following friars had taken the oath: 
Fernando Martin, 60 years old; Antonio Peyri, 70 years; Francisco Suiier, 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 de Ibarra, 
Antonio Jaime, and Arroyo de la Cuesta; Boscana was ready to take the oath, 
and Barona, Zalvidea, and Jose Sanchez also with the conditions. This left 
14 who would not take the oath, of whom Catala, Viader, and Abella were 
over 60 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, Sancho, J. Cabot, Ibarra, Oliva, Duran, 
Estenega, Abella, and Una, in that order. There were recommended to re- 
main, Amoros, Catala, Vitoria, Viader, Fortuni, Martin, Boscana, Sanchez, 
Zalvidea, and especially Peyri, 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, Viaggio, ii. 187-8, mentions the coming of the Domin- 
icans President Luna and P. Caballero to S. Gabriel in June, to consult about 
tae expulsion. 

22 July 6, 1829, E. to various officials. Dept. St. Pap., MS., ii. 92-3, 97; Id., 
S. Jos.\ ii. 10-17; Dept.Rec., MS., vii. 190-1. 

23 -July-September, applications of the padres for passports. Arch. Arzob., 
MS., v. pti. 54-7. Aug. 11th, Echeandia to min. of rel. St. Pap., Sac, MS., 
x. 43-0. In this document the gov. gives a very clear and complete statement 
of the whole matter. 



THE MISSIONARIES AS SPANIARDS. 97 

the ayuntamientos 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 s people might not be de- 
prived of their spiritual guardians. 24 I find no re- 
sponses to these petitions, ncir 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 hia 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 w T as, 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 

21 Aug. 25th, S. Jos6, Petition dd Ayurdamiento en favor de los FrailcsEs- 
j>rtrioles, 1820, MS.; Monterey, Petitioned Presidente y (Jongreso en favor de los 
Frailea Espauoles, 1S29, MS. Oct. 22d, gov. approves the petitions. Dept. 
Rec. s 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., vu 
145-8. 

Hist. Cal., Vol. III. 7 



98 ECHEANDIA AND THE PADRES. 

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 territor}^, 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; 20 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, 

23 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; JJcpt. 
Jlec, MS., vii. 44. The guilty parties were not found. 

2(i 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 republica,' 
had spoken mysteriously of Lis 'amo Francisquito,' in Spain or Mexico, had 
shown a paper with 'viva Fernando VII.' written on it, had derided inde- 
pendence and liberty, and had lodged Alf. Fernandez del Campo in a room 
winch bore the inscription ' V. F. 7 ' on the ceiling. Solis, Proceso, etc., MS.; 
Fernandez to Echeandia in St. Pap., Sac, MS., x. 26-7. Vallejo, Hist. Cat., 
MS., ii. I),'} 105, tells us that there were documents proving conclusively that 
Martinez was plotting against the republic and carrying on a secret corre- 
spondence with the rebels in Mexico; but nothing of this kind was shown in 
t be recorded evidence, and the same may be 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. 



EXILE OS* FATHER MARTINEZ. 99 

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, t^hat 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 
conqnistar 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. 28 Stephen Anderson, owner of the English 
brig Tliomas Nowlan, w T as 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. Pcq)., Miss, and Col., MS., ii. 30-1. Testimony of 
Martinez and the PP. Cabot in Soils, Proceso, MS., 100-1, 98-9. March 4th, 
Martinez, Defensa dirigida al Comandanie General, 1830, MS., in Id., 93-8. 
Feb. 9th, Sarria, Defensa del Padre Luis Martinez, 1830, MS. Mrs Ord, 
Ocurrencias, MS., 31--6, 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 Californians think there was no foundation for the special charges 
against Martinez at this time. 

28 Record of the junta of March 9th, in Solis, Proceso, MS., 102-5. The 
officers were J. J. Rocha, M. G. Vallejo, Domingo Carrillo, M. G. Lobato, J. 
M. Ibarra, and A. V. Zamorano. A previous junta of Feb. 2Gth is alluded to. 

29 C'arrdlo {Jose), Doc., MS., 21. The Spaniards A. J. Cot and family, 



100 ECTIEAXDIA AND THE PADRES. 

reached Callao in June, and subsequently arrived 
safely in Madrid, whence he wrote to his friends in 
California. There w T ere -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 w T ere 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. Tlec, MS., viii. 16. March 9th, E. announces the 
sentence to Prefect Sarria. Id., viii. 27. 

■"Vallejo, Bfet. Cat., MS., ii. 96-100, 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 
alferez 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. 



POLICY OF SECULARIZATION. 101 

change inevitable. r 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 were they 
being fitted therefor. 

Echeandfa and the administration that appointed 
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, 1S25, 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 was essential to check the arbitrary measures that oppressed 
the Indians, and afford the latter the advantages of the liberal system — but 



102 ECHEANDfA AND THE PADRES. 

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, 
Echeandia 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 
sures. All is intrusted to E.'s experience and good judgment. St. Pap., 
Miss, and Colon., MS., ii. 42, quoted by E. in 1833 in aletter toFigueroa. 

:ii According to A Ivar ado, Hist. Cat, MS., ii. 109-10; Val'cjo, Hist. Cat., 
MS., ii. 51-3; Vallejo, llmiinU., 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. Pup., MS., i. 129-30. 



EXPERIMENTAL SECULARIZATION. * 103 

like other Mexican citizens, their names bcin^ erased 
from the mission' registers. The cases of absentees 
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 Eeheandia 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- 

35 July 25, 182G, Eeheandia, Dccreto de Emancipation a favor de Nedjitos, 
1826, MS. Received at S. Rafael Aug. 23d. Arch. Mislones, 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 
t!:e new order in the missions of the Sta Barbara district, as he did at S. 
Fernando on Sept. 2Gth and at S. Buenaventura on Sept. 29th. Doc. Hist. 
Qui., MS., iv. 769-92. Here the Indian was authorized, should the cabo de 
cscolta and padre refuse to act in presenting his application for license, to 
leave the mission without permission and apply in person to the comandante. 
Vallcjo, Hist. CaL, MS., iv. 22, quotes the order of July 25th. 

36 June 20, 1828, gov. to comandantes and prefect. Dept. Ilcc, MS., vi. 
57. 



104 ECHEAXDIA AND THE PADRES. 

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, 33 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. 39 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 

37 Beechey' 's Voyage, ii. 12-13, 320. A few doc. bearing on individual cases 
of application for license. Dept. St. Pap., Ben. Mil., MS., lvii. 23-4; Dept. 
Bee., 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. Dept. Bee., 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 de 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. 132-3. Oct. 20, 
J S28, E. to mill, of war, says the Ind. at most missions are clamoring to be 
fori ned into pueblos. St. Pap., Sac., MS., x. 39-40. 

38 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. Ccd., MS., 
] 19-20, takes the same view of the matter. 

"Arch. Arzob., MS., v. pt i. 35; Dept. Bee, MS., v. 54; Leg. Bee, MS., i. 
70-80. 

''Oct. 7th, Echeandfa's bando in Olvera, Doc, MS., 1. Names of mission 
ranchos in the south. Pror. St. Pap., PreskL, MS., i. 97-8. Bandini, in a 



THE GOVERNOR'S ACTS. 105 

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

41 Zalvidea and Barona, Petition al Oej'e Politico a favor de loslndlos, 1S27, 
MS. 



103 ECHEANDIA AND THE PADRES. 

eminent 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 urged that I might not remove 
the yoke from those miserable conquistados — I had 
formed a definite conception of my duty, I completed 
a 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 the 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 cliputacion, by which 
body, after much discussion and some slight modifica- 
tions, it was approved in the sessions from July 29th 
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 propert}^ 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 twent}^-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 

42 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. 



PLAN APPROVED BY THE DIPUTACIOX. 107 

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- 

43 Eeheandia, Plan para converter en pueblos las misiones cle la A Ita California, . 
1S20-30, MS. Vallejo, Hist. Cal, MS., ii. 105-9, and Alvarado, Hist. Cal., 
MS., ii. 159-GO, mention the action of the diputacion, and give the substance 
of an introductory message or argument presented by Eeheandia on the ad- 
vantages of secularization. 

44 Sept. 7, 1830, E. to min. of rel. Dept. Bee, MS., viii. 79. 

*Leg. Bee, MS., i. 1G3-G; Guerra, Doc., MS., i. 15-17; Dept. Bee., MS., 
viii. 79. 

4G Duhaut-Cilly, Viaggio, 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 Founders, ii. 24, says that E. had taken some rash 
steps toward the padres, and they retaliated by subjecting him 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.' 

47 Vallejo, Hist. Cal, MS.,ii. 53-4, and Alvarado, Hist Cal., MS., ii. 89- 
90, tell us that about 182G 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. 



103 ECHEANDIA AND THE PADRES. 

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 
Bustam ante'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 11th,' 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 logrado 
ya e.sta desgraciada provincia su Victoria, seguramente se debe esperar que 
csta jurisuieeion eelesiastica usurpada, y oprimida, tambien conseguira su 
victoria. 1 Vallcjo, Hist. CaL, MS., ii. 109-10, says that the padres learned 
of 1 in. stan unite's pronuneiamiento 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. 



INDIAN AFFAIRS. * 1C9 

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 1831. 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 party 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. Relaciones, 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 
G, 1825, by J. J. Espinosa de los Rios, C. M. Bustamante, P. V. Sola, Tomas 
Sun'a, Tomas Salgado, Mariano Dominguez, J. M. Alinanza, Manuel Gonza- 
lez dc 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. 

M Dept. St. Pap. MS., i. 13G-7; Id. Ben., Pre/, y Juzg., iii. 81-3; S. 
Diego, Lib. Mision, MS., 96. 

51 Sanchez, Journal of the enterprise against the Cosemenes, 182G. 'Written 



110 ECHEAXDIA AND TPIE PADRES. 

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 Comandante 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>fs Voyage, ii. 24-31. The 
expedition lasted from Nov. 19th to Nov. 27th. The mission of S. Jose" had 
defrayed the expenses, the padre deeming it necessary to avenge the outrage 
on his neophytes; but he thougnt 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 f6rm of the later Cosumnes, lived on or near the 
Rio San Francisco. On the way thither the army passed Las Positas, Rio 
San Joaquin, and Rio Yachicume\ One soldiery Jose Maria Gomez, was killed 
by the bursting of his own musket. Duhaut-Cilly, Viaggio, 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 Beechey. 
Bojorges, Recuerdos, MS., 4—7, describes the campaign with some embellish- 
ments from his fancy. Nov. 3d, Bernal 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, 1826, Capt. Argiiello leaves S. Francisco 
on a 34 days' tour of inspection eastward. St. Pap., Sac, MS., xi. 5. Jan. 22if, 
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. 
Fel >. 1 827, trouble at S. Luis Rey, where a neophyte used some very violent and 
vile language against the Mexican govt and its Cal. representatives. Dept. St. 
P<<1>., Ben. MIL. MS., lviii. 2; Beechcy's Voyage, ii. 36. Nov. 1827, allusion to 
troubles with gentiles at Sta Clara. DepLRec, MS., v. 115. Oct. 23, 1828, 
Indian children from the Tulares, 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. Prcf. 
yJuzg.,M%., i. 20. 

M Nov. 9, L828, PP. Duran and Viader to Martinez. Nov. 20th, Mar- 
tinez to Echeandia. Arch. Arzob., MS., v. pt i. G8-70. 

:3 Possibly, however, the fcrce of 20 men was sent out in 182S 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 rnuskets 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 Pina, Berreyesa, 
and Soto, he marched up to the edge of the wood. 
As before, the fight lasted all day, and as before, noth- 
ing was effected; though two of Pifia'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 eigdit 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, Cat, MS., 126-30, describes such an ex- 
pedition under Sergt Soto, during which there was a fight; while Bojorges, 
Itecuerdos, 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 entrada more or less witli later ones. 
March 1, 1829, P. Duran to Martinez, complaining of a new attack by Es- 
tanislao on the mission Indians. A rch. Arzob. , MS. , v. pt i. 53-4. April 26th, 
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. S. Jose", Arch., MS., vi. 16. May 6th (probably an 
error in date), gov. orders Martinez to send Alf. Sanchez with as many sol- 
diers as possible, the S. Josci militia, and a swivel-gun on a raid against the 
Indians. Dept. Rec, MS., vii. 149. 

6t Sanchez, Compaiia contra Estanislao y sits 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 Pena and Lorenzo 
Pacheco. May 5th, departure of Sanchez from S. Francisco. Dept. Rec, 



112 ECHEANDtA 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 
a nd se ven armed men. Val lej o had not ye t 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 cm- 
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. Osio, Hist. Col., 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 Rio Laquisimes, which may have been that now called the Stanislaus, 
though it is not certain. 

K Dept. llee., MS., vii. 20. According to a document in Vallejo, Hoc, 
MS., xx. 280, Vallejo had been in two acciones de guerra as commander, one 
in the Siena Nevada from S. Miguel, and the other in the Tulares, where he 
had one man killed and 15 ■wounded. May 1G, 1829, Martinez orders Vallejo 
to march with Sanchez to chastise the rebels of Sta Clara and S. Jose as- 
sembled at Los Rios. Vallejo, Doc, MS., i. 174. 



VALLEJO'S CAMPAIGN. * 113 

ever, had taken advantage of the darkness of niofht 
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 and 
continually discharged. The foe retired slowly to 
their ditches and embankments in the centre, wound- 
ing eight of the advancing soldiers. When the can- 
non w r as 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." 6 

56 Vallejo, Carnpafia contra Estanislao y sus Tndios sublevados, 1829, MS. 
This is the commander's official report dated at S. Jose June 4th. PiTia, 
Diario de la Expedition al Valle de San Jose", 1820. This is a diary kept by 
Corp. Lazaro Piila 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. 
Vallejo, Doc, MS., i. 175. Dec. 31st, Martinez states in the hojas de 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. Dept. Bee, MS., vii. 230. Al- 
varado's narrative of this campaign, Hist. Cat., MS., ii. 57-C8, 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, Hist. 
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 defenees were utilized 
as graves. Galindo, Apunte*, MS., 22-G, names two soldiers, Espinosa and 
Soto, as fatally wounded, and says that Estanislao was captured. Bojorges, 
Becuerdos, MS., 14-22, who confounds the three expeditions, names Rena 
Hist. Cal., Vol. III. 8 



114 ECHEATSTDIA AND THE PADRES. 

One phase of this campaign demands further notice. 
One of the contemporary narratives, the diary of Pina, 
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, Pec., MS., vii. 213. 

5,9 Dept. St. Pap., Ben. Mil., MS., lxx. 13. Lieut Martinez was the fiscal 
to whom the case was intrusted. 

6l) A few items of Indian affairs for 1830: April, sergeants Salazar and 
Rico sent with a force to prevent trouble at Sta Ines. Quiet restored in 3 days. 
Dept. St. Pap,, Ben. Mil., MS., lxxxviii. 1,4. July-Sept., a grand paseo 
maritime- proposed by P. Duran, in which the vecinos of S. Jose 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. Jo.se, Arch., MS., i. 38-9. Dec, Arrival of suspicious Indians at S. Fer- 
nando. Dept. St. Pap., Angeles, MS., i. 95. 



THE SEASONS, 1S26-30. 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 1 like that of 1 824-5. G2 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 Die^o. 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. 170- 
7; Jan. 8th, 1828, E.'s reply. Dept. Bee, MS., vi. 23; Mar. 25th, E. to Pache- 
co, ordering him to Nopalillos. Dept. Bee, MS., vi. 196. 

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

*Dcpt. Bee, MS., vii. 364; Arch. Sla 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 — Coopee 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 McCulloch, Hartnell & 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 'Karimoko' — Vessels of 1829 — Custom- 
house — Arrival of the 'Brookline' — Gale's Correspondence — 
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. 

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 flag. 
Eleven were whalers seeking supplies; one was on a 
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, Argosy, Baikal, Blossom, Charles, 
Courier, Cyrus, Elena, Eliza, Franklin, General Bravo, Harbinger, Inca, Inore, 
Jdven Angustias, Kiahkta, Maria Ester, Maria Teresa, Mercury (2), Mero, 
Moor, Olive Branch, Paragon, Peruvian, Pizarro, JRover, Sachem, Santa 
Apolonia, Sirena, Solitude, Speedy, Spy, Thomas Nowlan, Timorelan, Triton, 
Washington (3), Waverly, Whaleman, Young Tartar, Zamora. 

(116) 



TRADE REGULATIONS. 117 

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-Jr 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. 16. 
July 5th, Id., insisting on internacion duty according to decree of Aug. 6, 
1824. St. Pap., Ben., MS., i. 67-8. July 11th, Id. to gov., 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 5th. Id., 
i. 51-2. Becchey, Voyage, ii. 10, 09, refers to the excessive duties. Jan. 
24th, revised tariff 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. 20th, import duties as given in the text. Dept. St. Pap., 
Ben. MIL, MS., lx. 2. July 17th, habilitadoof 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 Treas., MS., i. 48. 

z J)ept. 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. 



113 MARITIME AND COMMERCIAL AFFAIRS. 

was $4,360 ;* and at San Diego, $1,G66. If the total 
of si :'),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 couleur tie 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 Mancisiclor 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 Vallejo, Doc, MS., i. passim; Dept. St. Pap., 
Ben. Mil, MS., lx. 1-4. 

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

G Echeandi'a's permit of June 18 and Aug. 26, 1826, 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 Esther, 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 feai'ed. War between Buenos 
Aires and Brazil made prospects better. Yet P. Uria, from Soledad, protests 
on June 1 1th iigainst being obliged to sell exclusively to Hartnell, and will in 
future accept the best offers. 



CAPTAIN COOPER'S VOYAGES. * 119 

Captain Cooper, -in the Rover, came back from China 
in April 182G. 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 
Argliello 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 Argliello, 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. 

6 Arrival of the Rover, and trouble about the landing of the cargo. Dept. 
St. Pap., Ben. MIL, MS., lxxxvii. 68; Id., Den. Cud.-IL, i. 18-20, 30; St. 
Pap., Ben., MS., i. 71; St. Pap., Sac, MS., xi. 1. 

9 Cooper's letters of 1826-9, in Vallejo, 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 was 
unable to settle with that firm for several years. J. P. Sturgis was Cooper's 
correspondent at Canton. 



120 MARITIME AND COMMERCIAL AFFAIRS. 

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, in Dept. St. Pap., Ben. Mil, MS., lxiii. 
9. The loss of the papers complicated the quarrel with Arguello. July 27th, 
gov. ordered the sale of the vessel to Arguello, and the manner "of her nation- 
alization to be investigated. St. Pap., Sac, MS., xii. 14. 

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

12 Fernandez, Cosas de Cat., MS., 37-9; Alvarado, Hist. Cal, MS., ii. 84-6. 

13 Beechey, Narrative of a Voyage to the Pacific and Beerlng's Strait, to Co- 
operate icith the Polar Expeditions, performed in His Majesty's Ship Blossom, 
under the command of Captain F. W. Beechey, R. N, F. R.S., etc. , in the years 
1825, 26, 27, 28. Published by authority of the Lords Commissioners of the Ad- 
miralty. A new Edition. London, 1831. 8vo, 2 volumes, maps and plates. 
This edition is not mentioned by Sabin, being published by Colburnand 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 ornian throwing the lasso. ' In Huish, A Narrative of the Voyages and 
Travels of Capt. Beechey, etc., London, 1836, the California matter is given on 
p. 415-60, somewhat condensed, and a portrait of Beechey forms the frontis- 
piece. Hooker and Arnott, The Botany of Captain Beechey 's Voyage; compris- 
ing an account of the plants collected by Messrs. Lay and Collie, etc. London, 
1 84 1 . 4to, plates. The matter is arranged geograph ically in order of the coun- 
tries visited; and California occupies p. 134-65, 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, Hie Zoology of Captain 
Beechefs Voyage; compiled from the collections and notes made by Captain Bee- 
chey, theojjicera and naturalist, etc. London, 1839. 4to. The matter on Cal- 
ifornia is scattered through the volume. The plates arc splendidly colored. 
From p. 160 there is a ehapter on geology, which contains a ' geological plan' 
and description of the port of S. Francisco, which I copy elsewhere. 

11 The Blossom mounted 16 guns. The chief officers under Beechey were: 



BEECHEY'S VISIT AND BOOK. 121 

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 w T as 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 Neilson; purser, 
Geo. Marsh; mates, Win. Smyth and Jas. Wolfe; midshipmen, John Rendall 
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.- 
II. , MS., i. 24. 

16 Collie's party, with an escort of Californian 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. Jos6 on the left, and Sierra del Sur on right, S. Ma- 
teo, Las Pulgas, Santa Clara, S. JosC, 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. Rcc, MS., v. 13. 



122 MARITIME AND COMMERCIAL AFFAIRS. 

had lost its fascination, and the roads to the mission 
and presidio wore 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 Enor. 
lishmcn sailed on December 28th for Monterey. Here 
they remained five days, cutting spars, and obtaining 
supplies from missions and from vessels in port, 
largely by the aid of Hartnell. 13 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, 
1 827, 19 remaining: until December 17th, when he went 
again to San Francisco for water, finallv 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 thev 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 
coaet. VcUIejo, Dor., MS., xxix. 102. 

w Notice of presence of the Blossom and 3 whalers on the coast in Novem- 
ber. VaMejo, Doc, MS., xxix. 1G8. Called the Blondes, at Monterey Nov. 
8th. Dept. St. Pap., MS., ii. 47. Mention of visit in Soule's Annals of S. F.. 
103-4. 



BEECHEY'S OBSERVATIONS. 123 

on botany, zoolpgy, 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 arc 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 are 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. 



124 MARITIME AND COMMERCIAL AFFAIRS. 

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, 
lie 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- 
teen, 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. 
63-70. 

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 arc 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 either 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. G6-7. 

2 *See list at end of this chapter. Vessels of 1827: Andes (?), Baikal, Blossom, 
Cadboro, Carimacer (?), Comcte, Courier, Favorite, Franklin, Fulham, Golov- 
nin, Harbinger, lleros, Huascar, Isabella, Magdalena, Maria Ester, Massa- 
chusetts, Oliphant (?), Olive Branch, Okhotsk, Orion, Paraiso, Sachem, Solitude, 
Spy, Tamaahnnaah, Tenieya, Thomas Nowlan, Tomasa, Washington, Waverly, 
Young Tartar. 

25 Net revenue at 8. F., $3,304. Dept. St. Pap., Ben. Mil, lxii. 8-11. See 
also figures in the list of vessels at end of this chapter. 



12C MARITIME AND COMMERCIAL AFFAIRS. 

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 comisario 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 
Jul}', 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. 2,1 

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. Pap. , Ben. Com. and 
Treas., MS., i. 82-6. June 23d, July 24th, sessions of the diputacion. Ban- 
dini took a leading part in urging the reforms. Leg. Rec, 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. 
Bee, MS., v. 68; Dept. St. Pap., MS., i. 144. Aug. 10th, com. of Sta Bar- 
bara on same subject. Dept. St. Pap., Ben. Mil., MS., lvii. 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. Depl. 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, Esposicion, 6, cites in 1837 alawof Nov. 16, 1827, 
forbidding comerclo de escala 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 fifths 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, 25% on value; averia, 1\°/ Q on do.; 
internacion, 15% on do.; tonnage, $2.50 per ton (Mexican measurement); an- 
chorage, 840 per vessel; collectors' compensation, 3%. Dept. St. Pap., Ben. 
Mil., MS., lxii. 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. Rec., 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. Hist. Cal., 



HARTNELL AND COMPANY. 127 

Meanwhile there, came an order from Mexico, dated 
before the action of the diptitacion, 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. 28 

The prosperity of 182G 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 agfent 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 be counted 
on; the export of tallow averages 1 arroba for each hide. Duliaut-C'dly, Viag- 
gio, i. 232-3, 253; ii. 145-7, 150. 

27 Reglamento de Contrlbuciones sobre Licores, 1827, MS. , approved at sessions 
of June 26th, 28th, 30th, July 2d, 7th. Gov. '3 decree of July 12th, in Dept. bt. 
Pap., 8. Jose", MS., iv. 40-7. The tax was §5 per barrel of 1G0 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. Dept. St. Pap., 
Ben. Com., and Treas., MS., i. 87-8. 

28 Reglamento sobre Ganados, aprobadopor la Diputacion, 1827, MS. 



128 MARITIME AND COMMERCIAL AFFAIRS. 

coast. The correspondence would indicate that he 
wenj; 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 

o o ;d 

trading station on Santa Catalina Island. Cunninq-- 
ham was ordered by Echeandia to remove the build- 
ings and promised to do so. 30 

AuOTste Duhaut-Cillv, commanding: the French 
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 MeC. , H. 
& Co. to liquidate. Alvarado, Hist. Cal. , 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. 
Vallejo, Doc. , MS. , xxix. 125. July 1 st, P. Viader to H. Speaks of Begg's fail- 
ure, which he has expected for some time. Id., 135. Fears for success of hide 
business. Id. , 141. Aug. 6th, 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. Id., 167. 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 that H. 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. 
Id., 224. July 14th, H. arrived by the Huascar. Dept. Bee, MS., vi. 80. 
July 16th, 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. 2Sth, balance sheet of 85,097 
between Begg & Co. and H. Id., 272. More accounts in October. Id., 2S2. 
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. 

20 Dept. /fee, 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 his 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 Ileros, coming from 
Mazatlan, anchored at Yerba Buena. It }^et 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 

11th. '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 autour du monde, principalement d la Californie et 
aux Isles Sandwich pendant les annees 1826, 1827, 1828, et 1829. Par A. 
iJahaiit-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, Viaggio intorno al Globo, principalmente alia 
California ed alle isole Sandwich, negli anni 1S2G, 1827, 1828, e 1820, di A. 
Duhaut-Cilly, capitano di lungo corso, cav. delta Legion d'Onore, ecc. Con 
Vaggiunta delle osservazioni sugli ab'dauti di quel paesi di Paolo Emilio Botln. 
Traduzionedal franceseneW italiano de Carlo Botta. Turin, 1841. Svo. 2 vol. 
xvi. 20G p. 11.; 302 p. plates. The portion added to this translation, Botta, 
Osservazioni sugli abitanti delle isole Sandwich e delta California de Paolo 
Emilio Botta. Fatte net suo viaggio intorno al globo col Capitano Duhaut- 
Cilly, occupies p. 339-02 of vol. ii. ; that part relating to Cal. is found on p. 
3G7-78. These notes had originally appeared as Botta, Observations sur les 
habitans de la Calif ornie, in Nouv. Annates des Voyages, lii. 15G-GG. Le Nelrel, 
Voyage autour du Monde, etc. Extrait du journal de M. Edmond Le Netrel, 
Lieutenant a bord de cevaisseau {Le Ileros), in Nouvelles Annalesdes Voyages, 
xh. 129-82. 

IIist. Cal., Vol. Ill, 9 



130 MARITIME AND COMMERCIAL AFFAIRS. 

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 B , 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, after having broken his collar-bone by 
a fall from a California bronco, Duhaut-Cilly sailed 

a^ain for Callao, aQfain leaving il Si<nior B to con- 

tinue his operations on board the Waverly. He came 
back to Monterey May 3, 1828, made a visit to Bo- 
dega and Boss 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 

3 - Morincau, Notice sur la Califomie, 151-2, says that both the Heros 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 Comete brought cargoes, which, besides being too large, were ill-assorted 
and did not sell well. 

33 Mention of the Htros in Dept. Rec , MS., vi. 32; Dept. St. Pap., Ben. Mil. , 
MS., lxiii. 2; Id., Ben. Pre/, y Juzg., 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 y Bccket (?), Brillante (?), Clio, Courier, Emily, 
Feuix, Franklin, Fulham, Funchal, General Sucre, Griffon, Ouibale (?), Har- 
binger, Heros, Huascar, Karimoko, Kiahkta, Laperin (?), Magdalena, Maria 
Ester, Minerva, Okhotsk, Pocahontas, Rascow, Solitude, Tehmachus, Thomas 
Nowlan, Times, Verale{'(), Vulture, Washington, Wavcrly, WUmantic. I have 
fragments of the Waverli/s 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 Rough 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 New Albion; an American 
brig of 150 tons from Manila; a Hawaiian brig of 140 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. 

3(5 July 8, 1828, gov.'s order. Dept. Rec, MS., vi. 63, 77; Dept. St. Pap., S. 
Jose, MS., iv. 53-4. 



132 MARITIME AND COMMERCIAL AFFAIRS. 

sels after discharging their cargoes at Monterey or 
San Diego might visit the other ports to take away 
pr6duce, 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. American vessels sought hides chiefly; those 
from Mexico and Peru gave more attention to tallow, 
while the Hawaiian buyers took away by preference 
skins and horses. 89 

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 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 

37 Sept. 30, 1828, gov. 's order in Dept. Pec, MS., vi. 103-3; Dept. St. Pap., 
S. Jose 1 , MS., iv. 72-3. Nov. 26th, gov. permits foreign vessels, after dis- 
charging their inward cargoes, to carry lumber from Monterey to Sta Barbara. 
Dept. Pec, 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; Dept. St. Pap., 
MS., iii. 208. 

38 March 29, 1828, com. gen. sends decree of congress reducing the duty to 
8% (on the goods for which bonds had been given?) if paid within 15 days 
after publication of this order. DepL St. Pap., Ben. Com. and Treas., MS., i. 
95. But in August Echeandia says the tax is 10%. Dept. Pec, MS., vi. SG. 
Feb. 1st, woollen and silk of Mexican manufacture free of duties. Dept. St. 
Pap., Mont., MS., i. 20. Goods still received as duties. Vcdlejo, Doc, MS., 
xvii. 9, et passim. Consignees must declare tonnage of vessels on presenting 
manifest of cargo. Dept. St. 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. Dept. Pec, MS., vi. 58. Sept. 30th, tonnage 
$2.12$ per ton. Id., v i. 103. Averia duties from July 1828 to June 1S29, 
$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. \2\ per ton, less two fifths, a deduction for which he was 
blamed by the governor. Vcdlejo, Doc, MS., i. 157, 162. 

'^Spaice's hid. Notes, MS., 13. 



THE SMUGGLERS. 133 

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 \vas accused of notorious 
smuggling on the Lower Californian 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 11th 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 Echeanclia 
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 lGth 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, 1328. Dept. Rec., MS., vi. 200. 

41 A warning had come from Loreto in May. D<>pt. Iiec, MS., vi. 203. Du- 
haut-Cilly, Viaggio, 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. lie says there was some trouble 
about a deposit of cargo to secure duties, but that it would have been amica- 
bly arranged but for Simpson's act. 

42 July 12, 1828, gov. to comandantes, alcaldes, and padres. The Frank- 
tin is to be detained, if possible, should she dare to enter any port. Dept. St. 
Pap., MS., ii. 59-00. 



134 MARITIME AND COMMERCIAL AFFAIRS. 

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 Karimoho occurred 
also at San Die^o 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, Sehor 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, dejalo. Adios, Seilor General." 44 

43 June 14th, 18th, July 9th, 11th, 12th, 13th, 14th, 16th, 23d, gov.'s com- 
munications on the subject. Dept. Bee, MS., vi. 28, 32, 56, Gl, G3-8, 72-3. Da- 
haut-Cilly, Viagrjio, ii. 194-200. Further records dated in December respecting 
the credits, etc., left behind by Bradshaw. Dept. Hec, MS., vi. 53, 150-1, 102. 
In 1841 a claim for damages was pending before the mixed commission in Wash- 
ington. Vallejo, Doc, MS., x. 131. On this affair of the Franklin, as in several 
other matters, the testimony of James O. 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 in build- 
ing up my narrative. (See 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 he 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, que sirvio de interprete 
a dicho capitan, dice que supo tenia este el proposito dc largarsc f urtivamente 
y de hacer fuego sobre la guarnicion si impedia su salida.' Dept. Hec, 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 2Sth (Bradshaw had 
really sailed on July IGth). Capt. B. told Pattie 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. Pattio was 
again employed as interpreter; and warned the captain and supercargo on 
Sept. 11th of a plan he had overheard to arrest them, thus enabling them to 
escape on board. A few days later he slipped anchor and ran out of the port 
under a heavy shower of cannon-balls from the fort. 'When he came oppo- 
site it he 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 

Ls were considerably cut up by the grape.' Pattie's Xarr., 179, 1S5, 1S9- 
201. 

4i Vallejo, Hist. Oal., MS., ii. 60-1. It is said to have been Lawlor's 
practice to hide about seven eighths of his cargo at some out-of-the-way spot on 



LAWLOR'S ADVENTURES. 135 

On this occasion lie Had anchored at San Pedro and 
departed without paying §1,000 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 Karimoho were seized, 
and then Lawlor was ordered to go with part of his 
crew to bring over the island goods and live-stock, 
which w T ere to secure the payment of the duties in 
arrears. He made all manner of excuses and pleas, 
including: the suggestion that lie could not make the 
trip without sails, and that his men on the island 
would starve if not relieved soon. The Maria Ester 
w r as employed to carry Santiago Argiiello 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 were 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 being built in California. 46 Records of revenue 



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

43 Oct. 28, Nov. 5, 1828, gov. to Argiiello. Dept. Bee., MS., vi. 121-2, 124. 
Nov. Gth. 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. Id., vi. 149. Dec. 9th, receipt in full for duties. Id., 154. Jan. 
8th, 1829, gov. warns Lawlor to quit the coast. Id., vii. 54. 

40 See list at end of this chapter. The vessels of 1829 were the AJvins (?), 
American (?), Andes, Ann (?), Baikal, Brooldine, Dhaulle, Franklin, Funchal, 
Indian (?), James Coleman (?), Joven Angustios, Kiahkta, Maria Enter, Ok- 
hotsk, Plaint, Rosalia, Sia Barbara, 8usana (?), Tamaahmaah, Thomas Now- 
lan, Trident, Volunt<<r, Vulture, Warren, Washington, Waverly, Wilmington; 
also a Hawaiian schooner not named, Win Aralon master, at S. Pedro in 
September. According to the Honolulu Frie.nl, ii. 49-50, 4 vessels had ar- 
rived from Cal. in 1827, 5 in 1828, but none in 1829; 2 in 1830. 



136 MARITIME AND COMMERCIAL AFFAIRS. 

receipts are still more meagre than for preceding 
years. 47 There was little or no change in commercial 
regulations; bat 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. 43 Something very like a custom-house 
was therefore maintained at Monterey and San Diego, 
each under a comisario subalterno, Osio and later 
Jimeno Casarin at the capital, and Juan Bandini in 
the south. 49 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. Dept. St. Pap., Ben. Cast. -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., $1,264; for S. Diego in August, $826. Dept. St. Pap., Ben. 
Mil., lxix. 27-9. Gale states in a letter to Cooper, of May 10th, that the 
duties on the BrooMine's cargo were $31,000, of which $26,000 have been paid. 
Vallejo, Doc., xxix. 354. 

48 Gov. 's instructions of various dates. Dept. Bee., MS., vii. 14, 81, 100-1, 
116; Dej)t. St. Pap., MS., ii. 94-5. July 29th, min. of hacienda on the details 
of clearing national vessels for the coasting trade. Vallejo, Doc. Hist. Cat., 
MS., i. 180. 

43 St. Pap., Sac., MS., xix. 46-7. Rather strangely, Gen. Vallejo, not only 
in his Hist. Col., but as early as 1837, Exposition, MS., 5-6; Doc. Hist. Cat., 
MS., iv. 299, 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, sujx govt allows state 
authorities to appoint customs visitadores at $4.50 per day on federal account. 
Arrillaga, Recop., 1829, 56-7. July 29th, Mex. custom-house regulations. 
Id., 1833, 562-6. Sept. 29th, regulations on ships' manifests, etc. Id., 1829, 
245-9. Sept. 30th, decree ordering the establishment of a maritime custom- 
house in Alta California, under a visitador, subject to the com. gen. de Occi- 
dente. The president has appointed Rafael Gonzalez administrator; Jimeno 

trin as contador; Francisco Pacheco, comandante of the guard; and Mau- 
ricio Gonzalez, guarda, at salaries of $1,000, $800, and $450. Id., 1829, -J49- 
51 ; Doblan and Lozano, Leg. Mex., ii. 175-6; Mexico, Mem. Ilac, 1831, annex 
9, p. 48. 

60 July 17, 1829, Jose* Maria Lista, S. Bias, to captain of the port of Mon- 
terey. Dept. St. Pap., MS., ii. 94. 



GALE! AND ROBINSON. 137 

Most notable among the vessels of the year was 
the Brooldine, the successor of the Sachem, brought 
out by Wm 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. 51 
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 

61 Robinson's Statement, MS., 2-0, in which the writer gives many interest- 
ing items about the methods of trade in those days. Robinsorfs 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 Brooklhie, permission to trade, etc., in Dept. Rec., MS., vii. 
100, 11G, 158, 191; Vallejo, Z>oc.,MS.,i. 170; xxix. 31G; Dept. St. Pap., Ben. 
Pref.y Juzy., MS., i. 22; Wayerly, Voy., MS. 

52 April 28, 1829, Echeandia's instructions to Estudillo and the guard. All 
trading was to Le done on board. Estudillo, Doc, MS., i. 240; De.pt. Rec., 
vii. 138-9. July 13th, E. to com. of Monterey, on the privileges granted to 
Gale and the precautions taken. Dept. St. Pap., MS., ii. 95-0. Sept. 12th, 
Gale allowed to cut wood. Vallejo, Doc., MS., xxix. 412. Mar. 28th, Gale 
announces the plan to Cooper. Id. , 33G. 



138 MARITIME AND COMMERCIAL AFFAIRS. 

rival, Hartnell; yet lie seems to have clone this year 
and the next a larger business than any other trader. 53 
An interesting circumstance connected with the 
Brooldtnes visit was the raising of an American flag 
at San Diego, noticed in the newspapers on the au- 
thority of Captain James P. Arther. 5i He had visited 
California before in the Harbinger, was mate of the 
Brookline, 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 

JO 

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 Vallejo, Doc, MS., xxix. 325, 331, 
33G, 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 
Franklin affair. March 15th, comisario entrapped him into paying S800 ton- 
nage. The governor's license to trade is 'opening the door just enough to 
catch my fingers and jamb them.' March 28th, wishes his intention to 
remain trading on the coast to be made public. May 8th, speaks of Hartnell's 
protested bills. May 10th, 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 Echeandia. July 19th, hopes Cooper will not lose his 
bead in the revolution. Sept. 12th, trade dull. Oct. Gth, will despatch the 
Broohline sooner than he anticipated. Will pay 825 for large otter skins. 
Oct. 31st, can undersell Hartnell, even if he can pay duties in his own way. 
The Franklin 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 Franklin, 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 S. F. 
Call, July8, 1877. 



LANG THE SMUGGLER. 139 

raised on a Sunday, on the occasion of the arrival of 
the schooner Washington, Captain Thompson, of the 
Sandwich Islands, but 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 Guaymas, 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. 

50 Feb. 1829, investigation by Lieut. Ibarra at Echeandia's order. Dept. 
St. Pap., Ben. Mil., MS., lxix. 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 descubridor and 
promovedor, and one half of the rest as apr< hcnsor ; the remainder you will 
take for having assisted at the taking'! Dept. Rec, MS., vii. 1G0. Lang 
seems to have gone to Mazatlan on the Washinf/ton. Valhjo, Doc., MS., xxix. 
332. Lang was at S. Diego secretly on Dec. 24, 182S, 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 down to 
Todos Santos a few days later, found that he had been arrested. Puttie's Narr., 
208-10. 



HO MARITIME AND COMMERCIAL AFFAIRS. 

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 Californian 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, 5S 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 ladj^'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, 1S29, Echeandia orders the construction stopped until a proper 
permit is obtained. Dept. Bee., MS., vii. 1G6. May 29th, gives the permit. 
Register must be obtained through the com. of Sta Barbara. Id., vii. 1G6. 
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. Guerra 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 Bobbins' Diary, MS., mentions the building of the 
Santa 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 («/.), Doc, MS., 25, 27, 32, it is stated 
that 'Jose el Americano' (Chapman) was at work on a schooner for F. 
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. 

Fitch, Narration de laSra viuda del Capitan Enrique D. Fitch, MS., dic- 
tated in 1 875 by the lady at Healdsburg for my use. Some original papers 
relating to the marriage are annexed, including an authenticated copy of the 
marriage certificate. 



THE FITCH ROMANCE. * 141 

As an essential preliminary, Padre Menendez baptized 
the American, April 14, 1829, at the presidial chapel 
of San Diego. 59 The friar promised to marry the 
couple the next clay; preparations were made, and a 
few friends assembled late in the evening at the house 
of the Carrillos. 69 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. 01 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; 62 and before morning were far out on 



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

co 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, 
Narration, MS., 4, and given by Vallejo, Hist. Cat, MS., ii. 117-22; Vallejo 
(J. J.), Reminiscencias, MS., 103-7; and Pico, IJist. Cat., MS., 21-4, to the 
effect that when all was ready and the padre had begun the service, Alf. 
Domingo Carrillo, aid to the governor, appeared and forbade the marriage in 
Echeandia's name. It is also more than hinted that Echeandia's motive was 
jealousy, 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 in'oto of the Maria Ester who took the lady in his boat. Why Fitch did 
not sail in his own vessel does not appear; but Mrs Fitch says they went in 



142 MARITIME AND COMMERCIAL AFFAIRS. 

the Pacific. They were married on the evening of 
July 3d at Valparaiso, by the curate Orrcgo, 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 Virmond 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. m 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 Virmond becoming 



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

"Aug. 29, 1S30, E.'s order to Alf. Nieto to arrest Fitch. Dept. lice, MS., 
viii. 98. 



A RUNAWAY MATCH. ' 143 

bondsman for the culprit's presentment in due 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 Dofia Josefa 
sailed on the Ayacucho 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 Doha Eulalia was deemed too near his prison, and 
Josefa was transferred to the care of Mrs William A. 
Richardson. 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 
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 le^al 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. 64 
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 escribanos, nor vis6l 
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. 



144 MARITIME AND COMMERCIAL AFFAIRS. 

Many witnesses were examined, both at San Gabriel 
and San DicGfo. On the 28th of December the vicar 
rendered his decision, Christi 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 
with lighted candles in their hands to hear high mass 
for three alias 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 diinin- 
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 

66 Fitch, Causa Criminal seguida, en el Juzgado Eclesidstico y Vicaria Forcl- 
nea de la Alta California, contra Don Enrique Domingo Fitch, Anglo-Ameri- 
cano, por el matrimonio nulo contraido con Dona Josefa Carrillo, natural de 
San Diego. Ano de 1S30, MS. This most interesting collection of over 30 
documents, of which I have given a brief r<?sume\ 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 1*. Sanchez treated him very well, and seemed anxious to let him off as 
easy as possible. lie has had trouble with the parents of Dona Josefa, who 
abused her, and he will not leave his wife with them. Vallejo, Doc, MS., 
xxx. 171. 

M See list at end of this chapter. The vessels of 1830 were the Ayacucho, 
Brooldinc, Catalina{t), Chalcedony {1), 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. . 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 valued 



Flinched, Globe, Jura, Leonor, Maria Ester, Planet, Pocahontas, Seringapa- 
tan{?), Thomas Nowlan, Volunteer, Washington (1), Whaleman. 

67 Unsueta, Informe, 1820, doc. 9. Dept. St. Pap., Ben. Oust. -II., MS., i. 
passim. 

08 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. Pec, 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 crew to be 
Mexicans — a necessary formality to reduce the duties. Dept. Pec, MS., viii. 
125. Aug. 17th, action of the dip. regulating the duties on timber exported — - 
the proceeds belonging to the jn'opios y arbitrios fund. Leg. Pec, MS., i. 1GG-7. 
Mar. 31st, Mex. law on seizure of contraband goods. Arrillaga, Pecop., 1831, 
227-33. Aug. 24, law on consumption duty on foreign goods. Id. , 1831, p. 233- 
G. 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., lxxxviii. 4. June 30th, J. B. Lopez allowed 
to take otter, paying from $1 to $3 per skin to the territorial treasury. Dept. 
Pec, viii. 52, 130. In June Mancisidor writes to Guerra very discouragingly 
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, J list. Gal., MS., vi. 140-1. 

C9 List of vessels in Californian ports, 1825-30: 

Adam, Amer. ship, 290 tons; Daniel Fallon, master; at S. Francisco in 
Oct. 182G. 

Alliance, Amer. ship; doubtfully recorded as having arrived at Monterey 
in Oct. 1820. 

Alvin*, doubtful whaler of 1829. 

America, doubtful wlialcr of 1829. 

Andes, Amer. brig, 122 or 172 tons; Seth Rogers, master; on coast. from 
spring of 1828 (perhaps autumn of 1827) to spring of 1S29; paid $130 at 
Hist. Cal., Vol. III. 10 



140 MARITIME AND COMMERCIAL AFFAIRS. 

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

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

Apollo, whaler; at Sta Cruz, 1825. 

Aquiles, 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 
Ft Finos. She re-appeared under a Russian name in 1S2S, having been sold 
to the Russ. Co. 

Argosy, Russ. brig, 140 tons; Inestrumo, master; at Monterey and Bodega 
in 182,J, from Sitka. 

Asia, Span, ship of war, 70 guns, 400 men; Jos6 Martinez, com.; surren- 
dered at Mont., 1825; also called San Oerdnimo. (See text.) 

Ayacucho, 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 1820 to 1S30; Beuseman master, and Khlgbnikof super- 
cargo, in 182G; paid $1,216 at S. Diego; Etholin, master in 1828; brought 
vaccine matter in 1829. 

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

Bengal, Engl, ship; in Spence's list for 1825. 

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

Brillante, perhaps at S. Diego from S. Bias in Jan. 1828. 

Broohline, Amer. ship, 370 or 417 tons, from Boston; Jas O. Locke, 
master; Wm A. Gale, sup.; Alf. Robinson, clerk; Arther, mate; Bryant & 
Sturgis, owners; arr. Mont. Feb. 1S29; 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. 1S20. 

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

Comet e, French ship, 500 tons, 43 men; Antoine Placiat, master; came in 
1827 as a rival to the Hcros; tonnage at Mazatlan; duties, $1,04S at Sta B. 

Conxtante, Span, man-of-war; surrendered with the Asia at Mont, in 1S25. 

Convoy, brig; at S. Fran, in Oct. 1830, paying $321. 

Courier, Amer. ship, 200 or 293 tons; Wm Cunningham, master; Thos 
Shaw, sup.; Geo. W. Vincent on board; on the coast from 1820 (possibly 
1825) to 1828, paying $937. $1,5SG, and $180 in duties on different occasions. 

Cyrus, Amer. whaler, 320 tons, 22 men; Dav. Harriens, master; at S. F. 
in 1820; also at Sta B. Dec. 1S30, with 1,500 bbls oil, to be coopered at S. 
Diego. 

Danube, Amer. ship from N. Y. ; Sam. Cook, master; arr. early in 
1830, and was soon wrecked at S. Pedro; hull sold for $1,701 and cargo for 
$3,316 in Feb. to Dana and Gucrra. 

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

Don, whaler; at Sta B. 1825. 

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

Eagle, Amer. schr; at Sta B. Jan. 1825 (re-named Sta Apolonia, q. v.) 

Elena, Russ. brig; Moraviof, master; 10 guns, 49 men, 10 officers; Karl 
von Schmidt and Xicolai Molvisto, passengers; wintered at S. Fran. 1825-0. 

Eliza, Engl, brig; J. Morphew (or Murphy), master; 1S25-0; $9,500 of 
cloth to McC, II. &Co.; paid $1,112 duties at Sta R 

Emily Afarshamj at Sta B. Sept. 1S28, from Sandw. Isl.; took prisoners 
from Sta B. in Feb. 183 J; perhaps had returned in autumn of 1S29. 



MARINE LIST 1825-30. 147 

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

Favorite, Engl, whaler, 377 tons, 35 men; John Fort (Ford?), master; at 
Sta 13., from London, Oct. 1827. 

Feuix, whaler, 300 tons; Win Ratiguende (?), master, 1828. 

Fran/din, Amer. whaler, 294 tons; Wm Collin, master; at S. Fran. 1820. 

Franklin, Amer. ship, 333 tons; John Bradshaw, master; Rufus Perkins, 
and later J. A. C. Holmes, sup.; on the coast from 1827 to 1820. (See text 
for her troubles at S. Diego in 1828.) x 

Fitlham, Engl, brig; \irmond, owner; came for hides and tallow, and win- 
tered 1827-8. 

Funchal, Engl, brig, 100 tons; Stephen Anderson, master, owner, and 
sup.; on the coast from autumn of 1828 to Feb. 1830, sailing from S. Pedro 
with 1G,400 hides. 

General Bravo, Mex. brig, 100 or 180 tons; Melendez, master; at Mont. 
Oct. -Dec. 182G, with tobacco. 

General Sucre, Arner. 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. 

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

Griffon, Amer. brig, from Honolulu; Peirce, master, 1828. 

Guibale (or Galbale?), Amer. schr, 121 tons; Thos Robbins, master; at 
Sta B. April 1S28. 

Harbinger, Amer. brig, 180 tons; Jos Steel, master and consignee; Thos 
B. Park, sup.; two trips from the Islands in 182G-S; paid $150, $57G, $1,250; 
carried away two fugitive friars in Jan. 1828. 

Ilelcetius, doubtful whaler of 1829. (See later lists.) 

lMros, French ship, 250 tons; Auguste Duhaut-Cilly, master; trading on 
the coast 1S27-8. (See text.) 

Huascar, Engl, brig under Peruvian flag, 249 tons; Scott, Alex. Skee, or 
J. M. Oyagiie, master; Hartnell, passenger; cons, to McC, H., & Co., 1827-8; 
paid $010 at S. Fran. 

Iuca, Engl, brig, 170 tons, 11 guns; Wm Prouse (or Prause), master; 
from Callao to McC., H., & Co. in 1826 (possibly arr. in 1825); then to 
Liverpool in 128 days. 

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

Inore, Hawaiian brig, 155 tons, 182G. 

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. 

J6ven Angustlas, Mex. schr; at Sta B. Sept. 1829; also doubtful record 
of 1823. 

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

Junius, Engl, brig; Carter, master; at Mont, in 1825, paying $3,GG3 duties. 

Jura, Engl, brig; at StaB., from Mazatlan, May 1830. 

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

Kiaklita, Paiss. brig, built in Cal., running between Ross and S. Fran.; 
wintered at S. Fran. 1825-G and 1828-9; paid $35 and $1,548. 

Laperin (or Lapwing?), Russ. brig; doubtful record of Nov. 1828. 

Leonor, Mex. ship, 207 tons; 23 men; Henry D. Fitch, master; brought 
convicts in 1830. (See text for Fitch's runaw T ay marriage.) 

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

Maria Ester, Mex. brig, 170 or 93 tons; owned by Henry Virmond, who 
was on board in 1828; came from Lima or Mex. port3 every year from 
1825 to 1830; Davis, master in 1825; to McC, H, & Co. ; paid $308; Fitch, mas- 
ter 182G-0; brought artillery in 1S2S; John A. C. Holmes, master in 1830; 
brought convicts. Possibly 2 vessels of same name. 



148 MARITIME AND COMMERCIAL AFFAIRS. 

Maria Theresa, Amor, whaler, 291 tons; Wm Guilcost, master; at S. Fran. 
1820. 

Massachusetts, Amer. whaler, 343 tons, 21 men; Seth Calheart (?), master; 
at S. Fran. Oct. 1S27. 

Mercury, Amer. whaler, 340 tons; Wm Austin, master; at Sta B. Nov. 
1826. 

Mero, Amer. ship, 300 tons; Barcelo Juain (?), master; doubtful record 
at Sta B. Nov. 182(5. 

Me rope , 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. 

Morelos (formerly 8. Carlos), Mex. transport; Flaminio Agazini, com.; at 
Mont, and S. Fran. 1825. 

Xlle, Amer. brig; Robert Forbes, master; trouble about $600 duties in 
1S25. 

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

Ollphant, 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 $310. 

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

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

Paraiso (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. 
1S26. 

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

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

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

Pocahontas, whaler, 309 tons, in 182S. 

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 8. Fran. 1S25. 

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

Rover, Cal. schooner, 83 tons; Cooper, master; Arguello, owner; made 
a trip to China and back 1825-6, and then sailed for Mex. ports; paid $S12; 
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, $2,063, $232. 

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

Santa Barb ira, schr. built in Cal. 1S29 for otter-hunting and coast trade. 

Sta Rosa, doubtful name of 1825. 

Seringapatan, East Ind. ship, grounded on Blossom Rock in 1830 (per- 
haps an error in date). 

Sirena, vaguely mentioned as having brought money to Cal. in 1S26. 

Snow, doubtful record of 1825. 

Solitude, Amor, ship, or Engl, brig; Jas or Chas Anderson, master, 
1826-8. 



MARINE LIST 1825-30. 149 

Speedy, Engl, brig, to McC, H. & Co., 1826; carried .$20,997 of tallow 
to Callao. 

Spy, Amer. sclir, 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; Itobt J. Elwell, 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. 

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

Thomas Nowlan, Engl, ship, 201 or 301 tons; Wm Clark, master, 182G- 
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. 

Timorelan, Haw. brig, 1G0 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; earned 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 1S28-9; 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 Elwell, 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. 

Waverly, 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. 

Zamora, 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 — Jedediah Smith, 1826-8 — Errors Corrected — Original 
Documents — The Sierra Nevada Crossed and Re-crossed— First 
Entry of the Hudson's Bay Company — McLeod 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 4'J°, 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, if w T e except the 

(150 J 



WESTWARD MOVEMENT. 151 

southern segment cut by a line from San Gabriel to 
Mojave, by other than aboriginal feet. 1 

Meanwhile a grand advance movement from the 
Atlantic westward to the Mississippi, to the plains, to 
the Rocky Mountains, and into the Great Basin had 
been gradually made by the fur-hunting pioneers of 
the broad interior — struorodirw onward from vear to 
year against obstacles incomparably greater than 
those presented by the gales and scurvy of the 
Pacific. If I were writing the history of California 
alone, it would be appropriate and probably necessary 
to present here, en resume at least, the general move- 
ment to which I have alluded, embodying the annals 
of the various fur companies. But the centre of the 
fur trade was much farther north, and its annals can- 
not be profitably separated from the history of the 
North-west. For this reason — bearing in mind also 
those portions of my work relating locally to Idaho, 
Montana, Nevada, Utah, New Mexico, and Arizona 
— I feel justified in referring the reader for the gen- 
eral exploration westward to other chapters of other 
volumes, and in confining my record here to such 
expeditions as directly affect Californian territory. 

These beofan in 1826, when the inland barrier of 
mountain and desert was first passed, and from that 
date the influx of foreigners by overland routes be- 
comes a topic of ever growing importance. It is well,, 
however, to understand at the outset, that respecting 
the movements of the trappers no record of even tolera- 
ble completeness exists, or could be expected to exist. 
After 1826 an army of hunters, increasing from hun- 
dreds to thousands, frequented the fur-producing 

1 A few English and American deserters, leaving their vessels at Todos 
Santos or thereabouts, had on two or three occasions been sent across the 
frontier to S. Diego, forming an exception of little importance to my general 
statement. Another exception of somewhat greater weight rests in the possi- 
bility that trappers may have crossed the northern frontier before 1S20. It 
is not improbable that Hudson's Bay Company men may have done so from 
the Willamette Valley on one or more occasions, though there is no more 
definite record than the rumor of 1820-1, that foreign hunters were present 
in the north, and the newspaper report of McKay's presence in Siskiyou in. 
1825. 



152 OVERLAND— SMITH AND PATTIE— FOREIGNERS. 

streams of the interior, and even the valleys of Cali- 
fornia, flitting hither and thither, individuals and 
parties large or small according to the disposition of 
the natives, wandering without other motive than the 
hope of more abundant game, well acquainted with the 
country, as is the wont of trappers, but making no 
maps and keeping no diaries. Occasionally they 
came in contact with civilization east or west, and 
left a trace in the archives; sometimes a famous trap- 
per and Indian-fighter was lucky enough to fall in 
with a writer to put his fame and life in print; some 
of them lived later among the border settlers, and 
their tales of wild adventure, passing not without 
modification through many hands, found their way 
into newspaper print. Some of them still live to re- 
late their memories to me and others, sometimes truly 
and accurately, sometimes confusedly, and sometimes 
falsely, as is the custom of trappers like other men. 
I make no claim of ability to weave continuity from 
fragments, bring order from chaos, distinguish in every 
instance truth from falsehood, or build up a narrative 
without data; nevertheless, I proceed with confidence 
to write in this chapter and others of the men who 
came to California overland from the east. 

Jedediah S. Smith was the first man who made the 
trip. From a post of the fur company established at 
or near Great Salt Lake a year or two earlier, 2 Smith 
started in August 182G for the south-west with fif- 
teen men, intent rather on explorations for future 
work than on present trapping. 3 Crossing Utah Lake, 

2 Smith was associated with Jackson and Sublette, and the post had been 
established by W. H. Ashley. 

8 Smith, Excursion a I'ouest ties Monts Rocky. Extrait cVune lettre de M. 
Jedidiah Smith, employe dc la Compagnie des Pelleteries, in Xouv. Ann. des 
Voy.. xxxvii. 208-12. Taken from an American paper. The news — perhaps 
the paper, but certainly not Smith's letter as might seem from the transla- 
tion—was dated St. Louis Oct. 11, 1827. This brief letter, in which very 
likely wild work is made with names in the printing and translation, is in 
connection with the correspondence preserved in the archives, the best au- 
thority on the subject. The general accounts extant are full of errors, though 
each purports to correct errors previously made. Warner, Reminiscences, MS., 



-JEDEDIAII SMITH. 153 

he seems to have passed in a general south-westerly 
course to the junction of the Virgin River and Colo- 

21-9, errs chiefly in dates and order of events. He makes Smith start in 
1824 and lead a party of hunters through the Green River country, south of 
Salt Lake, over the Sierra Nevada near Walker Pass, into the Tulare Val- 
ley. In June 1825, leaving his men bn the American Fork — whence the 
name — he re-crossed the sierra with two men. Starting back for California 
in the autumn of 1825 by a more southern route, he was attacked by the Mo- 
javes while crossing the Colorado, and lost all his men but 2 or 3, with whom 
he reached S. Gabriel late in 1826. The author of Cronise's Natural Wealth 
of Cal., after being at much trouble to unravel the various stories, 'gathered 
the following particulars from those who knew Smith personally, and from 
documents in the state archives:' 'In the spring of 1825, Smith, with a party 
of 40 trappers and Indians, left their rendezvous on Green River near the 
South Pass, and pushed their way westward, crossing the Sierra Nevada into 
the Tulare Valley, which they reached in July 1825. The party trapped 
from the Tulare to the American fork of the Sacramento, where there was al- 
ready a camp of American trappers (?). Smith camped near the site of the 
present town of Folsom, about 22 miles north-east of the other party. From 
this camp Smith sent out parties, which were so successful that in October, 
leaving all the others in California, in company with 2 of the party, he returned 
to his rendezvous on Green River-with several bales of skins. In May 1823 
Smith was sent back with a reenforcement. On this trip he led his party 
farther south than on the former one, which brought them into the Mojaves' 
settlements on the Colorado, where all the party except Smith, Galbraith, and 
Turner were killed by the Indians. These three made their way to S. Ga- 
briel on Dec. 2G, 1820, where they were arrested,' etc. Cronisealso publishes 
a translation of 2 documents from the archives, of which more later. 

Thomas Sprague, in a letter of Sept. 18, 1860, to Edmund Randolph, pub- 
lished in Hutching^ Mag., v. 351-2, and also in the S. F. Bulletin, states that 
Smith, starting from Green River in 1825, reached and went down the Hum- 
boldt River, which he named Mary River from his Indian wife, crossed the 
mountains probably near the head of the Truckee, and passed on down the 
valley to S. Jos6 and S. Diego. Recruiting his men and buying many horses, 
he re-crossed the mountains near Walker Pass, skirted the eastern base to 
near Mono Lake, and on a straight north-east course for Salt Lake foiind 
placer gold in large quantities. He was ordered to return and prospect the 
gold fields on his way back from California, but near the gold mines he was 
killed with most of his party. 

Robert Lyon furnished to Angel, author of the Nevada Hist., 20 et seq., 
a version somewhat similar to that of Sprague, including the discovery of 
coarse placer gold near Mono Lake. His account seems to rest on the testi- 
mony, in 1860, of Rocky Mountain Jack and Bill Reed, who claimed to have 
been companions of Smith. 

An 'associate of the daring pioneer ' corrected prevailing errors as follows 
in the 8. F. Times, June 14, 1867: 'He came into California in 1827, with 
a trapping party from the rendezvous of the Rocky Mountain Fur Company, 
on the Yellowstone River. He left his party on the American fork of the 
Sacramento in the summer of that year, and with two men returned to the 
rendezvous, where he fitted out a new party and returned in 1828 to the 
American, where the two parties were combined, and moving northwardly, 
he reached the Umpqua River,' etc. 

It will be noticed that all these versions have the double trip and some 
other points in common, and that the confusion is largely removed by the 
original authorities, on which I found my text. Randolph, Oration, 313-14, 
translating Smith's letter to P. Duran, and Tu thill, Hist. Cal., 124-5, as well 
as Frignet, La Calif ornie, 58-60, mention Smith's arrival in 1826 in so gen- 
eral a manner as to avoid serious error. The same may be said of Douglas, 



154 OVERLAND— SMITH AND PATTIE— FOREIGNERS. 

rado, down to the Mojave villages, and westward 
across the desert to San Gabriel. 4 

The Amajabes on the Colorado treated the party 
well, furnishing fresh provisions, and horses stolen from 
the Spaniards, and two wandering neophytes guided 
the sixteen Americans over the desert to the mission, 
where they arrived in December. The trappers gave 
up their arms, and the leader was taken to San Diego, 
where he explained his object, and submitted to Gov- 
ernor Echeandfa his papers, including passports from 
the U. S. government, and a diary. The coming of 
the strangers naturally excited suspicion at first; but 
this was removed by Smith's plea that he had been 
compelled to enter the territory for want of provisions 
and water, it being impossible to return by the same 
route; and his cause was still further strengthened by 
a certificate of Dana, Cunningham, and other Amer- 
icans, that the trapper's papers were all en regie, and 
his motives doubtless pacific and honorable. 5 He was 
therefore permitted to purchase supplies, and under- 
take his eastward march by a new route; but not, as 

Private Papers, MS., 2d series, p. 1, Victor, River of the West, 34, andHines, 
Voyage, 110, though these writers speak with reference to later events in 
Oregon, and derived their information from distinct sources. The Yolo Co. 
JJist., S. Joaq. Co. Hist., and other like works describe Smith's adventures, 
in some cases as accurately as was possibly from accessible data, still with 
various combinations of the errors already noted. 

4 The details of the route are worth preservation briefly, though not clear 
in all respects. Started Aug. 22d from Salt Lake, crossed the little Uta Lake, 
went up the Ashley, which flows into that lake through the country of the Sum- 
patch Indians, crossed a range of mountains extending s. E. to N. w., crossed 
a river which he named Adams for the president, and which flowed s. w. Ten 
days' march to the Adams again, which had turned s. e. (This is not clear; 
the text says, 'a dix journdes do marche l'Adams River tourne an s.'E., il y a 
la une caverne,' etc. Query — Did Smith pass from the Sevier to the Virgin, 
and suppose them to be one stream ?) Two days down the Adams to its junc- 
tion with the Seeds- Keeder, a river with many shallows and rapids, and hav- 
ing a sterile country on the south; farther to a fertile wooded valley inhabited 
by the Ammucheebes (Amajabes, or Mojaves), where he remained 15 days. 
This was 80 miles above where the Seeds-Keeder, under the name of Rio Col- 
orado, (lowed into the gulf of California. Re-crossing the Seeds-Keeder, he 
went 15 days west into a desert country, and across a salt plain 8 by 20 miles. 
Here the details cease abruptly, and he next speaks of his arrival in Upper 
California. 

5 Dated at S. Diego Dec. 20, 1S2G, and signed by Wm G. Dana, Wm H. 
Cunningham, Wm Henderson, Diego Scott, Thomas M. Robbins, and Thomas 
Shaw, in Dept. St. Pap., M.S., ii. 19-20. An English translation has bean 
published in several works. 



SMITH IN" CALIFORNIA. 155 

lie wished, to follow the coast up to the Columbia via 
Bodega. 6 

The Californians supposed for a month that they 
were rid of their overland guests; but at the begin- 
ning of February 1827 some of them were seen at 
different places, particularly near San Bernardino, 
where Smith appeared on the 2d of February. There 
he left a sick man, and thence he seems to have sent 
a letter to Padre Sanchez by' one of his men. The 
letter, as translated at the time, stated as the reason 
for return that the trappers in crossing a stream had 
been attacked by Indians, who killed eight of their 
number and stripped them of everything but their 
clothes — a statement that would seem to be false, 
though Smith bore the reputation of truthfulness. 7 
At any rate, the trappers had tried without success 
to cross tjie Sierra, and were reported to be in a desti- 
tute condition. The two men to whom I have re- 
ferred were, I suppose, Isaac Galbraith and Joaquin 
Bowman, who were detained at the time for examina- 
tion, and who remained in the territory. Orders were 
issued to detain the whole party, but Smith had left 
San Bernardino before the orders could be executed. 8 

6 Dec. 39, 1826. Echeand fa reports Smith's arrival with 14 companions, 
40 beaver skins, and many traps; also his visit to S. Diego and his apparent 
good faith. St. Pap., Site, MS., xix. 37-8. He enclosed Smith's diary to the 
minister of war, and it may come to light some day. Smith himself, Excur- 
sion, 210, says: ' Mon arrivee dans la Haute-Californie excita les soupcons du 
gouverneur, qui demeurait a San Diego. II me fit conduire devant lui; mais 
plusieurs citoyens des Etats-Unis, notamment M. Cunningham, capitainc du 
Courrier de Boston, ayant repondu de moi, j'obtins la permission de rctour- 
ner avec ma suite, ct d'acheter des provisions; mais le gouverneur refusa de 
me laisser cotoyer la mer en allant vers la Bodega. 1 

7 The letter is not extant, and its purport only is given in one of Argucllo'3 
letters to the governor. It is possible that there is an error somewhere, and 
that Smith in the original letter spoke of a fight in which he killed 8 Indians, 
especially as 2 women are also said to have been killed. Smith himself, Excur- 
sion, p. 211, gives no details nor even mention of having come in contact with 
the Spaniards at this time. He says, in continuation of quotation of note G, 
'I marched therefore E. and then N. e. (from S. Gabriel or S. Diego), keeping 
at a distance of 150 to 200 miles from the coast. I went nearly 300 miles in 
that direction,' through some fertile regions peopled by many naked Indians, 
and 'having reached a river which I named Kimmel-ch6 from the tribe living 
on its banks. I found beavers, etc. Here I remained some days; I intended 
to return to Salt Lake by crossing Mount Joseph; but the snow was so deep 
on the heights that my horses, 5 of which had died of hunger, could not ad- 
vance. I was therefore obliged to re-descend into the valley.' 

8 Letters of Santiago Argucllo to comandante of S. Diego and to gov., with 



136 OVERLAND-SMITH AXD PATTIE— FOREIGNERS. 

When next heard of in May, Smith had moved 
northward and was encamped in the country of the 
Moquelumnes and Cosumnes. Padre Duran, of 
Mission San Jose, accused the Americans of having 
enticed his neophytes to desert, but Comandante 
Martinez pronounced the charge groundless. 9 New 
communications and orders to investigate passed be- 
tween the authorities; and a letter came to Padre 
Duran from Smith himself, bearing date of May 19th. 
It was a frank statement of his identity and situation, 
of his failures to cross the mountains, and of the ne- 
cessity of waiting for the snow to melt. He was far 
from home, destitute of clothing and all the neces- 
saries of life, save only game for food. He was par- 
ticularly in need of horses; in fact, he w T as very 
disagreeably situated, but yet, "though a foreigner 
unknown to you, Reverend Father, your true friend 
and Christian brother, J. S. Smith." 10 

The next day after writing this letter Smith started 

references to replies and other communications, in Dept. St. Pap., MS., ii. 
33-7. Mention of Galbraith (Gil Brest) and the 'sick man' in Dept. Hec, 
MS., v. 89, 115, also of Galbraith in Dept. St. Pap., MS., xix. 16-17. Bow- 
man is mentioned as one of Smith's men in Los Angeles, Hist., 19, by Mr 
Warner, and there may be some mistake. The sick man may possibly have 
been John Wilson, who was in custody in May as one of Smith's men. Dept. 
Bee, MS., v. 45; Arch. Arzob., MS., v. pt i. 29, 33. Cronise calls Gal- 
braith's companion Turner. 

9 May 16, 1827, Duran to com. of S. Francisco. 400 neophytes have been in- 
duced to run away. Arch. Arzob., MS., v. pt i. 2?. May 18th, gov. orders Mar- 
tinez not to rely wholly on reports of the Indians, but to send out scouts to learn 
who are the strangers and what their business; also to demand their passports 
and detain them until further orders. Dept. Pec, MS., v. 45. On same date 
Rocha is ordered to institute proceedings against John Wilson, and take depo- 
sition of Daniel Ferguson, with a view to lind out the aims of the strangers. 
/(/. May 21st, Martinez front S. Jose to gov. The Americans had nothing 
to do with the flight of the neophytes. Sergt Soto has been ordered to investi- 
gate, find out what gente it is, not allow them to approach the missions, treat 
them courteously, etc. A letter has been received from Smith to Duran, 
which the latter would not receive, but which Martinez had had translated 
and sent to Monterey for Hartnell to retranslate. The Indians say that there 
are 12 of the strangers, the same who were at S. Gabriel, and they had killed 
5 Moquelumnes in a fight. John "Wilson, a prisoner at Monterey, has appar- 
ently not been missed, and he says something of the party having come from 
Boston in 18 months to make surveys and buy lands of the natives (?). Arch. 
Arzob., MS., v. pt i. 28-33. 

10 May 19, 1827, Spanish translation of Smith's letter, in Dept. St. Pap., 
MS., ii. 18-19. English version, in Randolph's Oration, 313-14; and other 
works. French version, in Frignet, La CaL, 58-GO. 



FIRST CROSSING OF THE SIERRA IN 1827. 157 

homeward with but two companions. This was the 
first crossing of the Sierra Nevada, and the traveller's 
narrative, though brief and meagre, must be presented 
in his own words. "On May 20, 1827," he writes, 
"with two men, seven horses, and two mules laden 
with hay and food, I started from the valley. In 
eight days we crossed Mount Joseph, losing on this 
passage two horses and one mule. At the summit of 
the mountain the snow was from four to eight feet 
deep, and so hard that the horses sank only a few 
inches. After a march of twenty days eastward from 
Mount Joseph, I reached the south-west corner of 
the Great Salt Lake. The country separating it from 
the mountains is arid and without game. Often we 
had no water for two days at a time; we saw but a 
plain without the slightest trace of vegetation. Farther 
on I found rocky hills with springs, then hordes of 
Indians, who seemed to us the most miserable beings 
imaginable. When we reached the Great Salt Lake 
we had left only one horse and one mule, so exhausted 
that they could hardly carry our slight luggage. We 
had been forced to eat the horses that had succumbed." 11 
There are no means of knowing anything about his 
route; but I think he is as likely to have crossed the 
mountains near the present railroad line as elsewhere. 12 
Smith returned from Salt Lake to California with 
eight men, arriving probably in October 1827, but 

11 Smith, Excursion, 211-12. With the quotation given, the letter ends 
abruptly. 

12 Still it is not impossible or unlikely that in this trip or on the return 
Smith went through Walker Pass, as Warner and others say, or followed the 
Humboldt or Mary, as Sprague tells us; but the gold discovery on the way as 
related by Sprague merits no consideration, in the absence of other evidence 
and the presence of evident absurdities. It is to be noticed that Warner de- 
scribes this crossing of the sierra by Smith and two men accurately enough, 
except in date; and I think it probable that he has reversed the order of the 
two entries to California, the first being by Mojave in 1826, and the second 
by Walker Pass in 1827. On Wilkes' map of 1841, reproduced in vol. iv. of 
this work, Smith's route is indicated, on what authority is not stated, by a 
line extending s. w. from Salt Lake, and approaching the sierra on the 39th 
parallel, with a lake on the line in long. 119°, and three streams running isr. 
between the lake and mountains. A peak in the sierra just N. of 39 3 is called 
Mt Smith; and Mt Joseph is at the northern end of the range in lat. 41°. 
This may all rest on accurate reports. 



15S 0VERLAXD— SMITH AND PATTIE— FOREIGNERS. 

about the route followed or incidents of the trip noth- 
ing is known. The Californians apparently knew 
nothing of the leader's separation from his company, 
though the record of what occurred during his absence 
is meagre. On May 23d Echeandia issued instruc- 
tions, by virtue of which the fur-hunter was to be 
informed that his actions had become suspicious, and 
that he must either start homeward at once, come to 
San Jose to enjoy the hospitality of California under 
surveillance until the supreme government could de- 
cide, or sail on the first vessel that could carry him 
beyond latitude 42°. 13 According to fragmentary 
records in the archives, it was supposed early in 
August that the strangers had gone. In September 
it was known that they were still present, and in 
October several orders were issued that they be 
brought to San Jose. It is not clear that any were 
thus brought in, 14 but it would seem that on Smith's 
return from the east late in October, he soon came, 
voluntarily or otherwise, to San Jose and Monterey 
with seventeen or eighteen companions. 15 

The 12th of November Captain Cooper at Mon- 
terey signed a bond in favor of his countryman. As 
the agent of Steel, Park, and others, and in the name 
of the United States, Cooper became responsible with 
his person and property for the good behavior of Jed- 

13 May 23, 1827, Echeandia to Martinez. Dept. Pee., MS., v. 48. 

11 Gov. 's orders of Aug. 3d, Sept. 14th, Oct. 1st, 16th, in Dept. Pec., MS., 
v. 73, 88, 94, 102. Bojorges, Recuerdos, MS., 12-14, the only one of my Cali- 
fornian writers who mentions this affair at all, says that Soto was sent out 
with 40 men to the Rio Estanislao, and brought in all the trappers to S. 
Francisco. As such orders had been issued, this is likely enough to be true, 
though perhaps it took place after Smith's return. Oct. 8th, Isaac Galbraith 
asks for an interview with Echeandia, wishing a license cither to remain in 
the country or to rejoin his leader. He also corrects an impression that Smith 
is a captain of troop?, stating that he is but a hunter of the company of Smith, 
Jackson, and Sublette. Dept. St. Pap., MS., ii. 30-7. 

lj Thc Spanish records make the number 17, which is probably accurate, 
though records of a later event in Oregon speak of 18. Morineau, Notice, MS. , 
153-4, says that in October 1827 a caravan of 17 voyageurs arrived at S. 
Francisco from New Orleans. They sold some furs to a Russian vessel, 
bought horses, and returned by the same way they came. Carrillo, Exposi- , 
cion, MS., 9, says that in 1827 one of the hunters passed through the country 
with GO men, reached the house of the comandante general, made plans, etc., 
and went away unmolested ! 



DEPARTURE OF THE TRAPPERS. 159 

ediah Smith in all that concerned his return to Salt 
Lake. In the document it was set forth that Smith 
and his men, as honorable citizens of the United States, 
were to be treated as friends, and furnished at fair 
prices with the aid in arms, horses, and provisions 
necessary for the return march by way of Mission San 
Jose, Strait of Carquines, and Bodega; but there was 
to be no unnecessary delay en route, and in future they 
must not visit the coast south of latitude 42°, nor ex- 
tend their inland operations farther than specifically 
allowed by the latest treaties. To this bond Eche- 
andia attached his written permission for Smith and his 
company to return, with one hundred mules, one hun- 
dred and fifty horses, a gun for each man, and divers 
bales of provisions and other effects which are named. 16 
Echeandia issued orders for a guard of ten men to 
escort the trappers to a point a little beyond San 
Francisco Solano, starting from San Jose; 17 but a 
slight change must have been made in the plan, for 
on the 18th the whole company arrived at San Fran- 
cisco on the Franklin from Monterey. 1S This is really 
the last that is known of Smith in California, where 
four and perhaps five men of his party remained, be- 
sides Turner who came back later. I have accredited 
these men to the year 1826, though some of them 
probably came in the second party of 1827. The 
party doubtless left San Francisco at the end of the 
year or early in 1828, and proceeded somewhat lei- 
surely northward, probably by a coast route as in- 
tended, 19 and not without some new misconduct, or 
what was vaguely alluded to as such by the authori- 

16 I have, in Vallejo, Doc, MS., xxix. 171, the orginal of this interesting 
document kept by Cooper. Three copies were made, one sent to Mexico, one 
kept in the archives, and one given to Smith. It is written on paper provi- 
sionally 'habilitated' by the autographs of Herreraand Echeandia. bears a 
certificate of Jose Estrada, is signed John B a R. Cooper. Then follows the 
autograph of the hunter. 'I acknowledge this bond, Jedediah S. Smith,' 
and closes with Echeandia's pass. 

17 Nov. loth, E. to com. of S. Francisco. Dept. 7?ec.,MS. v. 107. Louis 
Pombert, a French Canadian, left Smith's party about this time and remained 
in the country. Dept. St. Pap., MS., xix. 25-8. 

18 Argiiello to gov. Dept. St. Pap., MS., ii. 45. 

10 Bojorges, Iiecuerdos, MS., 14, says he left S. Francisco by water on an 



ICO OVERLAND— SMITH AXD PATTIE— FOREIGNERS. 

ties. 20 While attempting to ford the Umpqua Biver 
he was attacked by Indians, who killed fifteen of the 
company and took all their property. Smith, Tur- 
ner, and two others 21 escaped to Fort Vancouver. 
McLoughlin of the Hudson's Bay Company sent back 
a party with one of the survivors to recover the lost 
effects, in which they are said to have been success- 
ful. Jedediah Smith returned eastward by a north- 
ern route in 1829, and two years later he was killed 
by the Indians in New Mexico. I append part of a 
map of 1826 purporting to show 'all the recent geo- 
graphical discoveries' to that date. 

An important topic, perhaps connected indirectly 
with Jedediah Smith's visit, is the first operations of 
the Hudson's Bay Company's trappers in California. 
Respecting these operations before 1830, I have no 
original and definite information, except that con- 
tained in the statement of J. J. Warner, himself an old 
trapper, still living in 1884, and an excellent authority 
on all connected with the earliest American pioneers, 
although he did not himself reach California until 
the beirinninof of the next decade. 22 Warner states 

American vessel. It is possible, but not I think probable, that such was the 
case, one of the vessels being chartered to take him up the coast to or beyond 
Bodega. Warner says Smith started up the interior valley, but on ac- 
count of difficulties in the way, turned to the coast 200 miles above Ross. 
The men who remained, besides Galbraith and Bowman, were Bolbeda, Pom- 
bert, and probably Wilson. 

2u Feb. 1, 1828, gov. to Martinez. Alludes to the abuses committed by 
Smith. Dept. Rec., MS., vi. 178. Probably he had stopped on the way to 
hunt and trap. June 26th, Cooper was thanked by J. Lennox Kennedy, U. 
S. consul at Mazatlan, for his services in Smith's behalf; will send documents 
to U. S. min. at Mexico. Vallejo, Doc., MS., xxix. 230. But May 6, 1S29, he 
was ordered as bondsman by gov. to pay §170 due from Smith. Dept. Rec., 
MS., vii. 148. June 25, 1829, E. reports to the min. of rel. a rumor that the 
Americans intend to take S. Francisco, apian which he ascribes to the advent 
of Smith. Id., vii. 25. 

21 There is a discrepancy of one man in totals, but there is also a com- 
pensating uncertainty about one of the men who remained in CaL Cronise, 
Nat. Wealth <;/' Cat., 42, erroneously names two of the three survivors 
Laughlinand Prior. Victor, River of the West, 35-G, names Turner and Black. 
The particulars of the Umpqua fight belong to other parts of this series. 
See Hist. <)y. and Hist. Northwest Coast. The map given herewith is copied 
from one in Warn n*8 Mem. In Pac. R. JR. Repts, xi. pi. iii., being a reduction, 
from A. Finley'a ma]) of N. America published at Philadelphia in 1820. 

22 Warner's Reminiscences of Early California, MS., 27-33. The author 



McLEOD'S TRAPPERS. 



1G1 



that the party sent back from Fort Vancouver to 
avenge Smith's disasters was under the command of 
McLeocl, and after recovering the stolen furs, traps, 
and horses, was guided by Turner down into the Sac- 
ramento Valley in 1828, where he made a successful 
hunt. Returning northward, however, he was over- 
taken by a snow-storm in the Pit River country, which 
he was the first to traverse. 23 He lost his animals, 
and was compelled to leave Iris furs, which were 
spoiled by melting snow before they could be moved. 




Map of 1826. 



McLeod was discharged for his imprudence or for his 
bad luck. Meanwhile the company had hastened to 
despatch Ogden with another party of hunters up the 
Columbia and Snake, to proceed thence southward 
to Smith's trail, 24 by which he was to enter Califor- 



represents the manager of the company as having driven a shrewd bargain 
with Smith, and derived much profit from his disaster. 

23 The McLeod River, generally written McCloud, was named by or in 
honor of this hunter. 

2t That is one of Smith's trails, probably the most northerly, though War- 
ner makes it the earliest. 

Hist. Cal., Vol. III. 11 



102 OVERLAND— SMITH AND PATTIE— FOREIGNERS. 

nia, and thus get the start of any American trappers 
that might be sent as a result of Smith's reports. 
Ogden was successful in this movement, and entered 
the great valley about the same time that McLeod 
left it.- 5 He also obtained a rich harvest of skins 
during his stav of eight months, and carried his furs 
to the north bv McLeod "s trail. These were the 
only visits of Hudson Bay trappers before 1832. 23 

The visit of the Patties to California in 1828-30 
is the topic next demanding attention. Sylvester 
Pattie, a Kentuckian, lieutenant of rangers against 
the Indians in 1812-13, and later a lumberman in 
Missouri, joined a trapping and trading expedition to 
New Mexico in 1824, with his son James Ohio Pat- 
tie. The father was about forty years of age, and 
the son a school-boy of perhaps fifteen. With their 
adventures in New Mexico and Arizona for the next 
three years I am not concerned here. More than 
once they visited the Gila, and in September 1827 
the elder Pattie was made captain of a company of 
thirty trappers, organized at Santa Fe to operate on 
the Colorado. 27 They reached the Colorado and Gila 
junction December 1st, or at least the Patties and 
six men did so, the rest having left the Gila, striking 
northward some two weeks earlier. The eight of 
Pattie's party w T ere in a desperate strait. They un- 
derstood from the Yumas that there were Christians 
down the river, and started to find them, floating on 
canoe rafts, trapping successfully as they went, and 

2j It seems rather unlikely that this could have been accomplished so soon 
as the autumn of 1828. Either it was in 1829, or. Smith had reached Fort 
Vancouver early in 1828, instead of in the autumn as has been supposed. 

20 Similar versions of McLeod's and Ogden's expeditions, originating prob- 
ably indirectly from Warner, but perhaps also from the recollections of other 
old trappers, arc given in the county histories, newspaper articles, and other 
recent publications. See also J fist. N. W. Coast, i., this series. Cronise, Nat, 

Wealth, 41, says that French Camp, near Stockton, was located by a party of 
these trappers who encamped here from 1829 to 1838. In Humphreys'' Letter 
to Gwin, /SoS, p. 5, it is stated that Richard Campbell of Sta Fe came with 
pack-mules from N. Orleans to S. Diego in 1827. I find nothing more on the 
subject. 

21 1'attie, i\ r ((n-., 133, translates the passport given them. 



-PATTIE'S VISIT. 1G3 

reaching tide-water the 18th of January, 1828. 
They soon started back up the river, making little 
progress, and February 16th, having buried their 
furs and traps, they started westward across the 
desert. After terrible suffering they reached Santa 
Catalina Mission in Lower California the 12th of 
March. Ten days later, by Echeandia's order, 2S they 
started under a guard for San Diego, where they 
arrived the 27th. The company included, besides the 
Patties, Nathaniel Pryor, Richard Laughlin, Will- 
iam Pope, Isaac Slover, Jesse Ferguson, and James 
Puter, 29 most of whom sooner or later became per- 
manent residents of California. 

The narrative of James O. Pattie w T as subsequently 
printed ; from it I have drawn the preceding resume, 
and I have now to present in substance that part of 
it relating to California, introducing occasional notes 
from other sources, and reserving comment until the 
end. 30 On arrival at San Diego the strangers were 

28 March 22, 1828, E. to com. of S. Diego. Eight armed men have ap- 
peared at a frontier post with a guia of the N. Mex. custom-house as a 
passport. Arrest them and seize their arms. Dept. Pec, MS., vi. 194; Puttie's 
Narr., 170. 

29 All the names appear in the archives, in one place or another, though 
Ferguson is not clearly stated to have belonged to this company. Joseph 
Yorgens is named, perhaps a corruption of Ferguson's name, since War- 
ner speaks of Ferguson, whom he must have known. Puter is mentioned 
only once, and there may be some error about his name. Pattie himself 
strangely names only Slover in his narrative, speaking also of a Dutchman; 
and on the other hand, Pattie's own name appears only once in the archives. 

20 Pattie, T lie Personal Narrative of James 0. Pattie, of Kentucky, during 
an expetlitionfrom St Louis through the vast regions between that place and the 
Pac'ijic Ocean, and thence bach through the city of Mexico to Vera Cruz, during 
journeyings of six years; in which he and his father, who accompanied him, suf- 
fered unit eard-of hardships and dangers, had various conflicts with the Indians, 
and were made captives, in which captivity his father died; together with a de- 
scription of the country, and the various nations through which they passed. Ed- 
ited by Timothy F, int. Cincinnati, 1833. 8vo. 300 pp. The editor, a some- 
what voluminous writer of works largely fictitious, claims not to have drawn 
on his imagination, but to have changed the author's statement — apparently 
written — only in orthography and by an occasional abridgment. 

The Hunters of Kentucky; or the trials and toils of traders and trappers, 
during, an expedition to the Rocky Mountains, New Mexico, and California, by 
B. Bilson, New York, 1847, 8vo, 100 pp., is called by T. W. Field, see Sabin'a 
Dictionary, viii. 5G9-70, 'a reproduction of Pattie's narrative, which the 
penury of the thieving writer's imagination has not empowered him to 
clothe with new language, or interleave with new incidents;' yet this reprint 
is much less rare than the original, and has been much more widely read. 
From it at the time of publication many people formed their ideas about the 



lG-i OVERLAND— SMITH AND PATTIE— FOREIGNERS. 

brought before Echeandia and questioned, the younger 
Pattie, -who had learned a little Spanish in New 
Mexico, serving as spokesman, and expressing his ideas 
with great freedom on this as on every other occa- 
sion when he came into contact with the Spaniards. 
The governor believed nothing of their story, accused 
them of being spies for Spain — worse than thieves and 
murderers — tore up their passport as a forgery, cut 
short their explanations, and remanded them to prison. 
On the way they resolved to redress their wrongs by 
force or die in the attempt; but their arms had been 
removed, 31 and they were locked up in separate cells. 
The father was cruelly torn from the son, and died a 
month later without being permitted again to see him. 
The cells were eight or ten feet square, with iron 
doors, and walls and floor of stone. Young Pattie's 
experience alone is recorded, as no communication 
was allowed. Nauseating food and continued insults 
and taunts were added to the horrors of solitary con- 
finement. From his grated door Pattie could see 
Echeandia at his house opposite. "Ah! that I had 
had but my trusty rifle well charged to my face ! 
Could I but have had the pleasure of that single shot, 

Spanish Californians. In Harper's Magazine, xxi. 80-94, J. T. Headley 
Tells the story of Pattie's sufferings, taken from one of the preceding works, 
and erroneously called the first overland expedition to California. Cronise, 
Nat. Wealth ofCal., 45, says, 'the particulars of Pattie's journey were pub- 
lished with President Jackson's message to congress in 1830.' The subject is 
vaguely and incorrectly mentioned in Greenhorn's Hist. Ogn, 300; and Caproii's 
J list. Gal., 37. Warner, who knew personally most of Pattie's companions, 
gives a valuable account in his Reminiscences, MS., 33-7. The archive rec- 
ords are much less satisfactory than in the case of Jedediah Smith; but I 
shall have occasion to refer to them on special points. 

81 Dr Marsh, Letter to Com. Jones, MS., 1842, p. 3, says they came to S. 
]>icgo on a friendly visit, 'were well received at first, and shown into com- 
f rtablo lodgings, where they deposited their arms and baggage. They were 
shortly after invited into another apartment to partake of some refreshment, 
and when they returned found that their arms had been removed, and that 
they were prisoners. I mention this incident, trivial as it is, because I con- 
sider it as a characteristic trait of the whole Mexican people. Gen. Echean- 
dia in his own capital, with all his troops, could not take five American hunt- 
ers without resorting to an artifice which would have been disdained by the 
most barbarous tribe of Indians on the whole continent. These poor men 
were kept in close confinement a long time. . .Two or three of the number are 
still in i iie country.' Where Marsh got this version, which leaves even Pattie 
in the shade, does not appear. 



THE HUNTER'S TALE. 1G5 

I think I would have been willing to have purchased 
it with my life," writes the captive, and this before 
his father died alone. No attention was paid to pleas 
for justice or pity. Yet a sergeant showed much 
kindness, and his beautiful ^ister came often to the 
cell with sympathy and food,, and even enabled the 
prisoner to get a glimpse of ; his father's coffin as it 
was hastily covered with earth. 32 

Captain Bradshaw of the Franklin soon got Pattie 
out of jail for a day by the 'innocent stratagem' of 
pretending to need his services as an interpreter; and 
with an eye to business, he made an effort to get per- 
mission for the hunters to go to the Colorado and 
bring the buried furs, but in vain. In the proceed- 
ings against Bradshaw for smu2f£flino\ Pattie served 
as interpreter; and later, by reporting certain orders 
which he had overheard, he claims to have prevented 
Bradshaw's arrest, and thus to have contributed to 
the escape of the Franklin.** Seth Rogers, A. W. 
Williams, and W. H. Cunningham are named as 
other American masters of vessels who befriended the 
young prisoner, and gave him money. 

Echeandia himself also employed Pattie as an in- 
terpreter, and at times assumed a friendly tone. The 
captive took advantage of this to plead his cause anew, 
to discuss questions of international law, and to sug- 
gest that there was money to be made by sending 
after the buried furs. At the first he had known that 
every word of kindness pronounced by Echeandia 
"was a vile and deceitful lie," and after repeated inter- 
views he perceived "that, like most arbitrary and 
cruel men, he was fickle and infirm of purpose," and 

32 He calls the young lady Miss Peaks, and the couple may have been 
Sergt Pico and his sister. A certain capitan tie armas is also mentioned as 
of a friendly disposition, though he did not dare to brave the tyrant's rage. 
The reference may be to PortiJla or Ruiz. It is remarkable that Pattie came 
so often into contact with the governor, and not at all with the comandante. 

33 See preceding chapter for affair of the Franklin. Pattie's statements 
that Bradshaw's trial was concluded July 28th, that the Franklin ran out of 
the harbor in Sept., and that she fired a broadside at the fort, are so positive, 
so erroneous, and yet so closely connected with details of his own alfairs, as 
to leave a doubt as to the accuracy of those details. 



1GG OVERLAND -SMITH AND PATTIE- FOREIGNERS. 

thereupon proceeded to " tease him with importuni- 
ties;" but under this treatment the general became 
surly. "How earnestly I wished that he and I had 
been together in the wild woods, and I armed with 
my rifle!" writes Pattie. This could not be, but he 
refused to translate any more letters, and the gov- 
ernor, striking him on the head with the flat of his 
sword, had him dragged again to prison to lie and rot. 
The suggestion of profit from the furs had, however, 
taken root; and early in September the prisoners were 
released, allowed once more to see each other, and 
promised permission to go to the Colorado, greatly to 
their delight. "I was convinced that Mexico could 
not arrav force enough to bring: us back alive. I fore- 
saw that the general would send no more than ten or 
twelve soldiers with us. I knew that it would be no 
more than an amusement to rise upon them, take their 
horses for our own riding, flea some of them of their 
skins to show that we knew how to inflict torture, 
and send the rest back to the general on foot." Pattie 
was allowed to go to the mission to hire horses for 
the trip; but at the last moment Echeandia remarked 
that he could spare no soldiers to go with them. It 
did not matter, they said, though it spoiled their plan 
of vengeance. But the governor added that one must 
remain as a hostage for the return of the rest, and 
Pattie was the man selected. "At this horrible sen- 
tence, breaking upon us in the sanguine rapture of 
confidence, we all ^azed at each other in the conster- 
nation of despair;" but Pattie urged them to go and 
follow their inclinations about coming back. They 
came back at the end of September. The furs had 
all been spoiled by the overflow of the river, and the 
traps were sold to pay the mule-hire. Two of the six, 
however, failed to return, having left their compan- 
ions on the Colorado and started for New Mexico. 34 

'■'• ' These two were probably Slover and Pope, since these are the only ones not 
recorded as being in California in 1829. Warner says Slover and Pope (with 
< reo. (J. Yount, whom nobody else connects with this expedition at all) started 



SAVED BY SMALL POX. 167 

In the absence of his companions, Pattie, by advice 
of Bradshaw and Perkins, 35 had written a letter to 
Jones, consul of the United States at the Sandwich 
Islands, imploring intervention in his own behalf, and 
then he lay in his cell, harassed by continual threats 
of being shot at as a target, hanged, or burned alive. 
Soon came news from the north that the small-pox was 
raging in the missions. Fortunately Pattie had a 
small quantity of vaccine matter, and he resolved to 
make the best possible use of his advantage. Nego- 
tiations followed, which gave the young trapper many 
opportunities to show what could be done by the 
tongue of a free American citizen. In return for the 
liberty of himself and companions, he offered to vacci- 
nate everybody in the territory; refusing his own lib- 
erty, refusing to vaccinate the governor himself, 
though trembling in fear of death, refusing even to 
operate on the arm of his beautiful guardian angel, the 
Sehorita Pico, unless his proposition were accepted. 
There were many stormy scenes, and Pattie was often 
remanded to prison with a curse from Echeandfa, who 
told him he might die for his obstinacy. But at last 
the governor had to yield. Certain old black papers 
in possession of the trappers, as interpreted by Pattie, 
were accepted as certificates of American citizenship, 
and in December all were freed for a week as an ex- 
periment. 38 

from New Mexico with the company, but returned from the Colorado without 
coming to Cal. There must be an error in Pattie's version of the departure 
of these two men; for I find that on Nov. 11, 1828, Echeandia informed the 
com. at Altar that he has issued passports to Pope and S lover, who started 
from N. Mexico for Sonora, but lost their way and entered Cal. JDept. Rec. , 
MS. , vi. 13. Pope came back some years later, and has left his name to Pope 
Valley, Napa county, where he lived and died. May 1, 1828, E. had written 
to the com. of Altar about the 8 Americans detained at S. Diego, whom he 
thought it expedient to send back to the Colorado under a guard, that they 
might go to Sonora according to their custom-house permit. liept. Iiec, MS., 
vi. 9. July 5th, the gov. of Sonora writes to the alcalde of Altar on the sub- 
ject, and presumes that the com. gen. has already issued the proper instruc- 
tions. The captives are alluded to as suspicious characters. Pinart, Col. Doc, 
Son., MS., 43. 

35 Bradshaw had really been gone over a month at the time when these in- 
terviews are said to have taken place. 

30 It is implied by the writer that vaccination was a great mystery to the 
Californians, and even to the Russians, which is absurdly inaccurate, and 



1GS OVERLAND— SMITH AND PATTIE— FOREIGNERS. 

It was deemed best to take no risks. By a false 
promise to their friend, the capitan de annas, they got 
their rifles and pistols on pretence of cleaning them, 
and refused to return the weapons, which were con- 
cealed in the thicket. Charles Lamr the sinu^ler, 
now made his appearance secretly, 37 and the trappers 
determined to join him. Pattie with one companion 
left San Diego Christmas night, and went down to 
Todos Santos; but learning that Lano: had been ar- 
rested, they returned. Their comrades were still at 
liberty; no trouble was made by Echeandla about 
their absence or the recovery of their arms; and in 
January and February 1829, Pattie vaccinated every- 
body at the presidio and mission. On February 28th 
a paper was issued to each, granting liberty for a } r ear 
on parole; 38 and Pattie obtained also a letter to the 
padres, who were instructed to furnish supplies and 
horses for the journey, and " indemnify me for my 
services as far as they thought proper." 

Pattie started immediately on his trip northward, 
called at mission, presidio, and pueblo, and arrived at 
San Francisco the 20th of June. He had vaccinated 

forms a weak point in the narrative. It is not certain, however, that they 
had anjr vaccine matter in their possession in 1828, nor is it evident that Pat- 
tie could have kept that which he had from being taken. I suppose that all is 
exaggerated for effect, but that Pattie may have been really emplo3 r ed to vac- 
cinate. Early in 1829 a Russian vessel brought vaccine matter, and W. A. 
Richardson was employed that year to vaccinate at the missions; and in 1821 
the Russians had vaccinated 54 persons at Monterey. 

37 See p. 139, this volume, for Lang's adventures. 

88 Pattie's carta de seguridad of Feb. 28th is preserved in Dept. Bee, MS., 
vii. 89. It is as follows: 'Whereas, Santiago Ohio Pattie, who came into this 
territory hunting beaver in company with other foreigners, without any 
license whatever, in March of the past year, appears to be a North American 
according to a custom-house permit given in New Mexico; and whereas, the 
comandante of this place reports him not to be vicious but of regular conduct, 
in the petition presented by Pattie on the 27th of this month for permission 
to travel and remain in the country, there being no consul nor mercantile 
agent of his nation, nor any Mexican bondsman, therefore I have determined 
to grant him provisionally this letter of security, that he may remain and travel 
in this territory for one year,' in accordance, so far as possible, with the laws 
of May 1 and Mar. 12, 1828. 

I have not found the papers of the other men under this date, but in a list 
of Feb. Iltli, Dept. St. Pap., MS., xix. 44, Pryor, Puter, and Yorgcns are 
named, Pryor being already at S. Luis Rey. He received a carta de seguridad 
April52th. Id., xix. 18-19. It is doubtful if any of them were kept in prison 
after their return from the Colorado. 



A TOUR OF VACCINATION. 169 

in all 22,000 persons, 39 receiving from the padres cer- 
tificates by which the value of his services was to be 
finally estimated by a 'high dignitary' in the north. 
After a week's visit to Ross, where everything pleased 
the American, and where l^ie received $100 for his 
medical services, 40 he returned, and presented his cer- 
tificates to the padre at San Francisco. On July 
8th John Cabortes, presumably Padre Juan Cabot, 
presented the amateur physician a paper, by which 
he gave him 500 cattle and 500 mules, with land on 
which to pasture the same — to be delivered when he 
had become a Catholic and a Mexican citizen. "When 
I had read this," says Pattie, "I was struck dumb. 
My anger choked me." But he soon recovered his 
speech sufficiently to give the padre his opinion in 
the matter, to say that he came from a country where 
the laws compelled a man to pay another what he 
justly owed him without condition of submission to 
"any of his whimsical desires;" that as a protestant 
he would not change his opinions for all the money 
the mission was worth, and that as an American, 
"rather than consent to be adopted into the society and 
companionship of such a band of murderers and rob- 
bers," he would suffer death. For this "honest and 
plain utterance" of his feelings, he was ordered to 
leave the house; and, keeping his rifle ready for any 
one the priest might send after him, he bought a 
horse for three dollars, and started for Monte El Rey ! 
At the capital Pattie shipped on an American ves- 
sel, and for several months ploughed the Pacific, 
touching at various ports. He does not name the 
vessel, and he gives no particulars of his voyage, save 

39 Strangely enough there is no record in the archives respecting the ravages 
of small-pox or Pattic's professional tour; yet his statement is confirmed by 
the fact that the statistical tables show an extraordinary number of deaths 
this year among the Indians of all the northern missions. (See note 3G.) Sta 
Cruz, S. Jose, and Sta Clara do not appear to have been visited at all. Here 
in the extreme north only the few who had not had the small-pox were vac- 
cinated. 

40 He had seen Don Sereldo, as he calls the Russian manager, at S. Diego, 
and had been implored to come to Bodega and administer his remedy. • 



170 OVERLAND— SMITH AJ$D PATTIE— FOREIGNERS. 

of the first week's terrible sea-sickness. Back at Mon- 
terey/ 1 he took a more or less active part, on both 
sides, in the Solis revolt, to which event considerable 
space is devoted in his narrative. 42 At first the trap- 
per had contributed in a small way to the rebellion fund, 
and had with difficulty been dissuaded from joining 
the army of Solis in the hope of getting a shot at 
Echeandia; but in the end he had become an ally of 
his old foe, who on his coming to Monterey received 
Pattie affably, and even listened with some patience 
to a repetition of his long-winded arguments and com- 
plaints. Yet notwithstanding the portentous aspect 
of a document which Pattie had prepared by the ad- 
vice of the Hawaiian consul, Jones/ 3 for presentation 
to the American minister at Mexico, Echeandia ven- 
tured to doubt that his wrongs wo*uld be redressed, 
though he granted a passport that he might go to 
Mexico and try. Spending three days tie fiesta at San 
Carlos in company with Captain William Hinckley, 
hunting otter profitably for ten days on the coast, 
presenting his rifle to Captain Cooper, and writing a 
letter of farewell to his former companions in the 
south, Pattie sailed on the Volunteer May 9th, in 
company with Solis and his fellow-prisoners, for San 
Bias. At Mexico in June, at the office of Butler, 
American charge d'affaires, he saw a communication 
of President Andrew Jackson in his behalf. He was 
honored by an interview with President Guerrero, 
and had the pleasure of learning that Echeandia had 
been recalled. I have his original letter of June 14, 
1830, to friends in California, naming Lothlin (Laugh- 

41 He says it was Jan. 6, 1830; but if there is any foundation of truth in 
that part of the narrative which follows, it must have been about 2 months 
carl i 

42 See chapter iii., this volume, on the Solis revolt, and especially Pattie's 
version of that affair. His dates are all wrong; there are many absurd inac- 
curacies Imiit on a substratum of truth; and there is apparently deliberate 
falsehood respecting his personal exploits in the capture of Solis. 

48 Pattie says that this consul, John W. Jones, to whom he had written 
from S. Diego, arrived at Monterey April 29th in his own brig from the 
Islands. The reference is to John C. Jones, Jr., owner of the Volunteer, 
which arrived at about this time. 



- PATTIE'S BOOK. 171 

lin), Pryor, and Cooper, in which he explains that 
'Kernal' Butler had been able to give no satisfaction, 
but had advised him to seek redress from the Presi- 
dent of the United States. The adventurer reached 
New Orleans in August, and proceeding up the Mis- 
sissippi, was soon introduced to Rev. Timothy Flint, 
who was to make his name and fame more or less im- 
mortal. 44 

I have thus presented, with fairness I think, the sub- 
stance and spirit of Pattie's narrative, though obliged 
to omit many details, making no pretension to point 
out minor errors, and perhaps failing to give a full idea 
of the writer's bitter feelings toward his oppressors. 
The subject is entitled to the space I have given it, on 
account of the extraordinary nature of the adventures 
recounted, the early date of the visit to California, the 
extent of the author's travels in the territory, the fame 
of his book, and the accuracy of many of his statements. 
Yet from the spirit of the narrative, from the numer- 
ous erroneous statements, and from my knowledge of 
Echeandia's character, I have no hesitation in pro- 
nouncing Pattie's complaints of ill treatment grossly 
exaggerated. This opinion is confirmed by those of 
the company who /remained in the country. Enter- 
ing the territory without passports, the hunters were, 
according to the unwise policy of Mexican laws, liable 
to arrest. Presidio fare, and especially prison fare, 
in California at that time, was even less congenial to 
American hunters than was the narrow spirit of Span- 
ish policy. Naturally they were disappointed at their 
reception, and disgusted with their situation, but they 
were not probably made the victims of any special 
oppression. James O. Pattie was, however, a self- 
conceited and quick-tempered boy, with a freedom of 

41 Letter in Vallcjo, Doc, xxx. 85. In 1883 a man whose name I cannot 
recall, apparently trustworthy, while visiting my Library, stated that his wife 
was a niece of Pattie, and that the latter had spent some time at her residence 
in San Diego in late years, or at least since 1850. The man promised to ob- 
tain from his wife a more definite statement on the subject, but I have not 
received it. 



172 OVERLAND— SMITH AND PATTIE— FOREIGNERS. 

speech often amounting to insolence, and unlimited 
ability to make himself disagreeable. How far these 
peculiarities, and the young man's connection with 
the smuggling operations of Bradshaw and Lang, 
may have provoked Echeandia to the infliction of 
special penalties, I cannot say. 

Thomas L. Smith, commonly called 'Peg-leg' Smith 
— a well known character in many parts of California, 
but chiefly in later times, who died in a San Francisco 
hospital in 1866 — was one of the famous trappers and 
Indian-fighters of this early epoch. He was at times 
a companion of Jedediah Smith, and was the hero of 
many wild adventures in various parts of the great 
interior; but very few of his early exploits have ever 
been recorded with even approximate accuracy of time 
or place. He owes his position on this page to a re- 
port that he came to California in 1829, a report that 
I have not been able to trace to any reliable source.^ 
Engaged in trapping in the Utah regions, he came to 
California to dispose of his furs. He was ordered out 
of the country, and departed, he and his companion 
taking with them, however, a band of three or four 
hundred horses, in spite of efforts of the Californians 
to prevent the act. Some accounts say that be visited 
the country repeatedly in those early years, and we 
shall find archive evidence of his presence a little later, 
acting with the horse-thieves of the Tulares, and 
known as 'El Cojo Smit.' 



'46 



In the spring of 1828 the Mexican government 
granted to Richard Exter and Julian Wilson 47 a pro- 

45 The story is told in many newspaper biographical sketches published at 
the time of Smith's death. I have before me the S.. F. Bulletin, Oct. 26, I860; 
Nevada Daily Gazette, Oct. 25, 1SGG; and others in Haves' Scraps, Cal. Xoics, 
ii. 309-12. 

w As an item which I am unable to connect with any of the expeditions 
particularly accredited to this period, I may notice a record of Nov. G, 1S29, 
that five deserters from Upper California were captured on the frontier of the 
peninsula, one of whom, an Englishman, stabbed a neophvte, and was shot by 
another. St. Pap., Sac, MS., xiv. 10-11. 

47 Exter, of Exter, Graves, & Co., Mexico, was connected with the General 



EXTER AND WILSON. 173 

visional license to hunt and trap in New Mexico and 
California, as well as_on'the coasts for sea-otter. They 
had asked for an exclusive privilege, which proposition 
was reserved for consideration by congress. The ob- 
ject in view was to derive a revenue from the territo- 
rial wealth of furs, and by a contract with these for- 
eigners to prevent the constantly increasing clandestine 
operations of other foreigners, whom no revenue laws 
could control. The idea was a good one. Such a con- 
tract with a responsible and powerful company was 
perhaps the only means by which Mexico could par- 
tially protect her interests in this direction; but there 
may be some doubt whether Exter and Wilson pos- 
sessed the requisite qualifications, since little is known 
about them. It does not appear that the exclusive 
privilege was ever conceded, 43 and nothing was ever 
done under the provisional permit. Vallejo and Alva- 
rado say that there was a strong feeling in California 
against the scheme, and that when the two men came 
to the country in 1829, strutting up and clown as if 
they owned it, Echeandia refused to recognize their 
authority, and they went away in disgust.- 



49 



In January 1830 a small party — of Mexicans ap- 
parently — came from New Mexico to Los Angeles 
under the leadership of Jose Antonio Vaca; but of 
their purposes and adventures we know nothing from 
the fragmentary records. 50 A somewhat better known 

Pearl and Coral Fishing Association of London, and there are several letters 
from him to Hartnell, dated 1827, and not referring to the fur business, in 
Vallejo, Doc, MS., xxix. 153-4, 163. 

48 April 28, 1828, provisional license granted. Hunting parties must be 
made up of at least two thirds Mexican citizens. Mexico, Mem. Bel., 1829, p. 
22. Aug. 7th, the comisario communicates the concession to Herrera. Exact 
accounts must be kept of number, size, and quality of skins. Dept. St. Pap., 
Ben. Com. and Trens., MS., i. 10G. Dec. 23, 1828,. gov. announces the license 
in Cal. , and says that the parties will be allowed to catch otter. Dept. Bee. , 
MS., vi. 1G2. 

i9 Vallejo, Hist. Cal, MS., ii. 124-5; Alvarado, Hist. Cal., MS., ii. 128-9. 
Fernandez, Cosas de Cal., MS., 58-9, mentions their failure to get an exclusive 
privilege, but says nothing of their having come to Cal. 

bQ Dept. Bee., MS., viii. 14, 18, G9; Dept. St. Pap., Ben. Pref. y Jnzg., 
MS., i. 31. 



174 OVERLAND— SMITH AND PATTIE— FOREIGNERS. 

expedition is that of Ewing Young, the Tennesseean, 

or Joaquin Jo veil as he was often called, who entered 
the territory later in the same year from New Mexico 
with a company of beaver-hunters of various nation- 
alities. Warner says this party came by Jedediah 
Smith's old trail, and found Ogden's Hudson Bay 
trappers on the Sacramento. 51 After trapping for a 
short time in the Tulares, Young moved north and 
met the Indian alcalde of San Jose mission out on a 
hunt for runaway neophytes by order of the padre. 
The fugitives allied with the gentiles showed fight, 
but eleven of the trappers aided the alcalde to defeat 
the foe. Taking advantage of this service rendered, 
Young, with three of his men, came to the mission 
July 11th, showed his passports, explained his need 
of horses, and departed after promising to return in a 
week with furs to sell or to exchange for supplies. 52 

There is no record that the hunters returned to 
San Jose, though they may have done so; but at the 
end of July three Frenchmen came to Monterey, 
announcing their intention to return to New Mexico, 
having left the company. 53 In October the hunters 
were in the vicinity of Los Angeles, where the leader 
had great difficulty in controlling them, and where one 
man was killed. 51 It had been the intention to return 
from the Colorado in December to sell furs and buy 

51 Warner's Reminis., MS., 37-9. In Dept. St. Pap., ii. 84, 113, is Young's 
passport of 1829 signed by Henry Clay. 

5 -July 15, 1S30, report of Jose Berreyesa. Dept. St. Pap., MS., ii. 135-9. 
One of Young's passports was vis6d at Washington, March 20, 1828, by the 
Mex. minister. It permitted the bearer to go into the interior. 

53 These men were Francois Turcote, Jean Vaillant, and Anastase Curier. 
Dept. St. Pap., Ben. Oust.- II., MS.,ii. 4-5. In a letter to Capt. Cooper of Oct. 
10th, Young says that the Frenchmen, who owed him money, had mutinied, 
and determined to stay in the country; but they had been forced -to return 
with the party. He also speaks of the fight with Indians, but indicates that 
it was to recover stolen horses rather than to aid the neophytes. Vallejo, Doc, 
MS., xxx. 135. Dec. 23d, Echeandia to alcalde of S. Josd. Speaks of i 
Americans who had come to the rancho of S. Pablo and must depart at once. 
There may be an error in this date. Dept. Pec, MS., viii. 134. 

64 Warner says that James Higgins killed an Irislnnan known as Big Jim. 
Jose Antonio Pico reports the killing on Oct. 7th. He had orders to detain 
Young, but his force was too small. Dept. St. Pap., Ben. Pre/. yJuzg., MS., 
i. 97. Juan Higgins, probably the same, remained in Cal. for 5 or G years at 
least. Dept. St. Pap.,MS., iv. 156, 159. 



• FOREIGN RESIDENTS. ' 175 

mules; but Younsr had lost confidence in his men, and 
thought he would be fortunate to get safely home with- 
his company by the aid of the Americans. He in- 
tended, however, to come back the following vear. 55 
There are several men named as being in California 
from New Mexico this year, some of whom may have 
belonged to this party; but Young and Higgins are the 
only ones known here later, unless Kit Carson may 
have made his first visit at this time. 

Of the foreign residents who came to California be- 
fore 1826, about fifty are mentioned in the records 
of 1826—30, a dozen or more having died or left 
the country. Some of the more prominent, like Hart- 
nell, Spence, Cooper, and Gale, have been noticed in 
connection with commercial and maritime topics in 
the preceding chapter. All, including new-comers, 
were in this period as a class law-abiding citizens of 
considerable influence in their new home. Many were 
baptized, married, and naturalized. Space does not 
permit the introduction of personal experiences and 
achievements here, but the reader is referred to the 
biographic sketches presented elsewhere in this work. 56 

In respect of general policy toward foreigners, 57 
there was little or no tendency in California to exclu- 
siveness or oppression in 1826, as has been seen from 
the commercial record, and especially from the privi- 
leges allowed to Captain Beechey, in contrast with 
the treatment of Vancouver at an earlier date and 
under another regime. Yet the Mexican laws were 
strict in requiring foreigners to show passports, and 
submit to surveillance; hence the precautions taken 
in the case of Jedediah Smith and his company; 
hence certain orders for the arrest of deserting sailors. 

55 Young to Cooper. Vallejo, Doc, MS., xxx. 135. 

50 See alphabetical register of pioneers at end of vol. ii.-v. Also a list of pio- 
neers who came before 1830, at the end of vol. ii. of this work. 

57 Aug. , Dec. 1820, orders of sup c govt against admission of foreigners 
without passports circulated by gov. and comandantes. S. Jose, Arch., MS., 
vi. 25; JJept. Rec, MS., iv. 25. 



170 OVERLAND— SMITH AXD PATTIE— FOREIGNERS. 

Of new-comers for 1 82G, about sixty are named. It is 
not easy to decide exactly which of these are entitled 
to the name of pioneers, nor is it necessary, because I 
shall mention them all elsewhere. Here I name only 
such as remained in the country several years at least, 
traders who came often during a series of years and 
became well known to the people, men who though 
visitors now became permanent residents later, and 
men who died in California. Such for this year 
number twenty-five. 5S The most prominent names 
are those of Dana, Fitch, and Wilson; but ten or 
twelve lived long in the country and were well 
known. 

In 1827 the general orders from Mexico promul- 
gated by Echeandia, and more or less fully enforced, 
were to insist on passports, to keep a strict watch, 
render a monthly account of new arrivals, grant no 
lands to foreigners, and by no means to allow them to 
form settlements on coast or islands. 59 On the inter- 
cession of the English charge d'affaires in Mexico, the 
local authorities were empowered to extend the pass- 
ports of English residents for one year, while the 
papers of other foreigners might be extended so as to 
allow them time to make a regular application for re- 
newal. 69 My list of newly arrived pioneers for the 
year contains twelve names, the total number, includ- 
ing visitors, being about thirty. 61 John Temple and 

58 For complete lists see Pioneer Register at end of these volumes. The 
pioneers of 1826 were the following: Louis Bolbeda, Joaquin Bowman, Michael 
Charles, Win H. Cunningham, Wra G. Dana, Henry D. Fitch, Guy F. Fling, 
Benj. Foxen, Isaac Galbraith, Cornelius A. Johnson, John Littleton, Win 
Logan, Thomas B. Park, Joaquin Pereira, Louis Pombert, John Read (?), Geo. 
J. Rice, James Scott, Joseph Steele, Wm Trevethan, John S. Turner, Geo. 
W. Vincent, John Wilson, John Wilson (trapper), and John H. Wilson the 
negro. 

b9 Sup. Govt St. Pap., MS., iv. 1; Dept. Pec, MS., v. 19, 53, 95; Dept. 
St. Pap., S. Jost, MS., v. 12. 

60 St. Pap. t Sac, MS., xvi. 1-3; Dept. Pec, MS., vi. 175. Barron and 
Forbes at Tepic were at this time pumping Bandini and Hartnell for informa- 
tion about California, and projecting a visit. Oct. 17, 1827, Eustacio Bar- 
ron to Bandini. Bandini, Doc, MS., 7. 

C1 See Pioneer Register at end of these volumes. Pioneers of 1827: Miguel 
Allen (born in Cal. ),"john Bradshaw, Geo. Coleman, Nicolas Dodero, Robt J. 
Elwell, John A. C. Holmes, Giovanni Glande, Joseph Jackson, John B. 
Leandry, Jean B. Mutt el, William Smith, and John Temple. 



REGULATIONS OF 1828. ■ 377 

Robert J. Elwell became most prominent in California; 
though Bradsha-w, Holmes, and Leandry were also 
well known men. Jt was during this year that the 
Californians were excited at the presence and actions of 
Jedediah Smith's trappers, their first American visit- ■ 
ors by the overland route. As Smith arrived in De- 
cember 1826, the names of his companions who set- 
tled in the country have b(^en included in the list of 
that year, though they left the company of hunters, 
and some of them arrived, in 1827. 

Orders of the California!! officials in 1828 respect- 
ing foreigners were of the same tenor as before; ap- 
plications for naturalization were frequent; many 
strangers wished to marry Californian wives. Bands 
of trappers on the frontiers round about excited some 
apprehensions. A few immigrants of Mexican blood 
seem to have come in from Sonora, and all was faith- 
fully reported to the minister of relations in Mexico. 62 
In accordance with the decree of March 12, 1828, 
which declared that no foreigner could remain in 
Mexican territory without a passport, and regulated 
the holding of property by naturalized citizens, 63 a 
reglamento was issued by the president on May 1st 
prescribing in detail the methods to be observed in 
obtaining, granting, and using passports of various 
kinds. This document was doubtless forwarded to 
California later in the year. 64 I find about sixty new 

€2 Dept. Pec, MS., vi. 21, 27, 177, 192, 194; vii. 25; St. Pap., Sac, MS., 
x. 98; Vallejo, Doc, MS., xxix. passim. The Americans celebrated July 4th 
by burning much powder on the vessels at S. Diego. 

c3 Mexico, Decreto sobre Pasaportes y modo cle adquirir propiedades los 
Estrangeros, 12 de Marzo de 1828. 12 articles. In Schmidts Civil Law of 
Spain and Mexico, 346-51, in Spanish and English; Hayes* Mex. Laws, 81-2. 

61 Mexico, Reglamento para el ramo de Pasaportes — decretado por el Presi- 
de ate en 1 de Mayo 1828. Printed copy in Pinto, Doc, i. 3. 25 articles, 
numbered as 22. Also in Dept. St. Pap., Angeles, MS., ix. 30-6; and part of 
it in Vullejo, Doc, MS. Omitting minor details, this regulation was in 
substance as follows: The master of a ship, on arrival, must furnish a report 
of his foreign passengers, and each passenger a report of his name, business, 
etc., to the customs officer, who will grant a boleto de disembarco to such as 
are not Spaniards, and have a passport from the general government, or from 
duly accredited Mexican agents abroad, or a bond from the consul or agent 
of their nation at the port of landing, or of a Mexican citizen. The boleto, 
without which no foreigner could leave the vessel, must be presented within 
Hist. Cal., Vol. III. 12 



178 OVERLAND— SMITH AND PATTIE-FOREIGNERS. 

names of foreigners in this year's records, several be- 
longing to men whose presence is noted in consequence 
of the regulations just mentioned, but about whom 
no more is known than that they were here in 1828-9. 
Pioneers proper number eighteen, as per appended 
list. 65 Several of these became in later times locally 
prominent; and one of the number, Henry A. Peirce, 
is still living in 1884, beings in a sense the oldest living 
pioneer within my knowledge, though he has by no 
means resided continuously in California. Two or 
three detected attempts at smuggling, together with 
the presence of Pattie and his trappers from New 
Mexico, were the leading topics of interest for 1828, 
as far as foreigners were concerned. 

In 1829 Echeandia continued to circulate the pass- 
port regulations for the benefit of foreigners and of 
local officials. He still received numerous applica- 
tions for permits to remain, to travel, to marry, or to 
become naturalized, and called for full reports of resi- 
dent foreigners. 66 It is from these reports, and the 
various certificates connected with the applications 
above referred to, that I have obtained much of the 
information presented elsewhere respecting individ- 
uals; still the lists are incomplete, and have to be per- 
fected from numerous scattered documents. 67 Eche- 

24 hours to the civil authority of the port, who will vise" the passport. To 
travel in the interior a carta de serpiridad for a year must be obtained. 
Whatever passports a foreigner might have, he must present himself to the 
civil authorities of any place where he intended to remain over 8 days, and 
on each change of residence. Due provision was made for renewal of licenses, 
penalties for failure to comply with the law, and for full reports to be sent to 
the government. 

60 Pioneers of 1828: Stephen Anderson, Louis Bouchet, John Brown (?), 
John Davis, Jesse Ferguson, Richard Laughlin, Timothy Murphy, Sylvester 
Pattie, Henry A. Peirce, Wm Pope, Nathaniel Pryor, Isaac Slover, Wm 
Taylor, James Thompson, "Wm Warren (?) the negro, Edward Watson, Wm 
Willis, and Julian Wilson. For biographical sketches, see Pioneer Register 
at the end of vol. ii.-v., this work. 

™Dept. Rec, MS., vii. 59, 86, 105, 176; Dept. St. Pap., MS., xix. 20-2; 
St. Pap., Sac, MS., xi. 4; ValUjo, Doc, MS., xxix. 310. 

67 Naturalization records in Dept. St. Pap., MS., xix. passim. List of 48 
names dated Feb. 14th, in Id., xix. 44. List of 44 names in Monterey dis- 
trict Feb. 16th, in Id., ii. 115. -List of 7 names in S. Jose", Feb. 5th. Id., 
xix. 3. List of 7 at Los Angeles Feb. 14th, in Monterey, Arch., MS., vii. 
21-5. Apparently 2 foreigners at S. P. Dept. St. Pap., MS., ii. 97-8. There 
nrc no lists for Sta Barbara or S. Dieso. 



PIONEERS OF 1829. 179 

andia heard this year and forwarded to the supreme 
government a rumor that the Americans were plotting 
to seize the port of San Francisco; while on the other 
side of the continent we find a rumor from Mexico, 
by way of England, that California with Texas was 
to be made over to the United States for a term of 
years, as security for a large sum of money to be spent 
in resisting Spanish invasion. 68 The new arrivals of 
the year, as named in an appended list, were seven- 
teen, 69 or about thirty-five including visitors, or men 
about whom nothing more is known than their men- 
tion in lists of the year. Prominent names are those 
of Captain Hinckley, Alfred Robinson, and Abel 
Stearns. Robinson still lives in 1884, with none to 
dispute his title as the oldest pioneer, unless it be 
Peirce of 1828, as already mentioned, or Michael 
White, perhaps still alive, but about whose arrival in 
1829 there is some doubt. The great excitement of 
the year was the Solis revolt, in which, as we have 
seen, the foreigners, though at first somewhat inclined 
to sympathize with the movement as promising them 
certain commercial advantages, later took a decided 
stand in favor of the regular authorities, and contrib- 
uted largely to the restoration of the capital. 

In February 1830 the Mexican government, in reply 
to reports respecting Abel Stearns and others in Cali- 
fornia who were seeking lands, directed Echeandfa to 
distribute the public lands in accordance with the laws 
to such foreigners as could comply with all the require- 
ments, taking care, however, that the Russians and 

68 June 25th, E. to min. of rel., in Lkpt. Rec, MS., vii. 25. Nile? Reg., 
xxxvii. 87. The John Bull says: 'The proposition of America must not be 
quietly listened to or tamely permitted; while we are earnest in our endeavors 
to put a stop to the power of Russia, we must not forget the necessity of 
checking the aggrandizement of America.' 

C ' J Pioneers of 1829 — the '(?)' indicates uncertainty about the exact date of 
arrival: James D. Arther, Jas Brcck, Walter Duckworth (?), James Flem- 
ming, Wm S. Hinckley (?), Geo. Kinlock (?), Lawrence (born in Cal.), John 
Meek, Manuel D. Olivera, Jordan Pacheco, John Rainsford, Alfred Robin- 
son, Thos L. (Peg-leg) Smith (?), Abel Stearns, Chas A. Swain (?), Michael 
White (?), and Geo. Williams. See biog. sketches of them and also of the 
years' visitors in Pioneer Register at the end of these volumes. 



ISO OVERLAND— SMITH AND PATTIE— FOREIGNERS. 

Americans should be the least numerous, and be located 
in the central parts. 70 A little later, however, foreign- 
ers of adjacent countries were prohibited from coloni- 
zation on the. frontier. 71 It is not certain that any 
resident foreigner had yet obtained his final and com- 
plete papers of naturalization; though a few may have 
d.me so, and many had made application and complied 
with all the preliminary requirements, receiving cer- 
tificates which served all practical purposes. 72 New- 
comers of this final year of the decade were fifty, of 
whom twenty-four named in a note may be regarded 
as pioneers proper. 73 The arrival of Kit Carson this 
year is doubtful. Bee, Jones, Nye, Snook, and Young 
were the names best known in the annals of later years. 
Some details about all the men named in this chapter 
and many visitors not here named may be found in 
the Pioneer Register appended to these volumes. That 
register will also serve as an index through which may 
be found all that is recorded of any early Californian 
in this work. 

70 Feb. 2, 1830, Alaman to E. Sup. Govt St. Pap., MS., vi. 4. 

71 Law of April G, 1830, in Hailed' 1 s Report, 121-2. Article 7 of the law 
of Aug. 18, 1824, was thereby repealed. 

72 The naturalization regulations, probably of 1828, are given in Schmidt's 
Civil Law of Spain and Mexico, 353-9, in Spanish and English. The general 
purport had been circulated by Echeandia on June 4, 1829. Dept. St. Pap., 
ISIS. , xix. 20-1. These rules prescribed in substance that any foreigner of two 
years' residence might, one year after having announced his intention, obtain 
a carta de naturaleza from the gov. by renouncing all allegiance to any foreign 
power, swearing to support the constitution and laws of Mexico, and presenting 
proof in due form of Catholic faith, means of support, and good conduct. See 
also the Mex. passport regulations of Oct. 12, 1830, in Arrillaga, Eecop., 1830, 
p. 474-99. 

73 Pioneers of 1830; Henry J. Bee, John Burns, Kit Carson (?), James Cook, 
Phil. II. Devoll, Juan Domingo, *William Duckworth, John Ebbetts, James 
Harris, John Higgins, John C. Jones, *Geo. D. Kinlock, Laure, Allen Lewis, 
< 1 uliain H. 'Nye, *Juan Pombert, Sam. Prentice, John Pice, John Poach, Ed 
Robinson (?), Jos F. Snook, Sam. Thompson, * Francis Watson, and Ewing 
Young. Those whose names are marked with a * were born in Cal., their 
lathers being foreigners. 



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 Padres and Party — Victoria's Address to the People — Charges 

against the governor — refusal to convoke the dlputacion 

Memorials and Threats — Victoria's Manifiesto — Replies of Ban- 
dini and Pico — Administration 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 Jose — Trouble at Los Angeles — Exile of Jose A. Carri- 
llo — Jose M. Padres Banished — Plots of Carrillo, Bandini, and 
Pico — Pronunciamiento of San Diego — Echeandia in Command — 
Angeles Revolts — Fight near Cahuenga — Death of Pacheco and 
A vila — Victoria Sent to. San Blas — Rodrigo del Pliego — Action 
in the North — Carrillo's Efforts in Congress. 

Lieutenant-colonel Manuel Victoria was appointed 
March 8, 1830, to succeed Jose Maria Echeandia as 
gefe politico of Alta California, and three days later 
official notice was sent to the incumbent. 1 Victoria 
was then at Loreto, where for several years he had 
been comandante principal of Lower California; but 
nothing is known of his career on the peninsula, nor 
of his previous life beyond the current and probably 
accurate belief in California that he was a native of 
Acapulco, and commandant there in 1825, who had 
won his rank by personal bravery in the war of inde- 
pendence. 2 Antonio Garcia had previously been 

1 Supt. Govt St. Pap., MS., vi. G-7. Victoria's appointment and Minis- 
ter Facio's communication of Mar. lltli to Echeandia. 

2 Com. at Acapulco 1825. Gac. 3Iex., June 15, 1825. In June 1825, when 
Victoria was about to leave Acapulco for Loreto, Enrique Virmond pro- 

(181) 



1S2 RULE AND OVERTHROW OF VICTORIA. 

named to succeed Echeandia, and the substitution of 
Victoria is believed to have been due to the success 
of Bustamante in Mexico, and to Franciscan influ- 
ence on the new administration. While there is no 
positive proof of the Californian friars' intrigues in 
the matter, yet Bustamante's revolution was widely 
regarded as a reactionary 7 movement in favor of the old 
Spanish institutions. The padres were very bitterly 
opposed to the mission policy of Echeandia, or of the 
administration that he represented, and they openly 
rejoiced at the new appointment as a glorious ' victory' 
for their cause. 3 

Having notified Echeandia of his coming, and 
named a day for the transfer of office at San Diego, 
Victoria started northward from Loreto by land in 
the autumn of 1830, arriving at San Diego in Decem- 
ber, or possibly in November. He was disappointed 
at not finding either the governor or any message 
from him ; but a despatch sent post-haste to the north 
elicited from Echeandia a reply, to the effect that the 
command would be turned over at Monterey, the 
capital. A later despatch, however, named Santa 
Barbara as the place, and thither Victoria went, 
arriving the 31st of December. Here he remained 
about three weeks, engaging in a sharp correspond- 
ence with Echeandia, some of whose orders he coun- 
termanded, though not yet legally invested with 
authority; but at last he came to Monterey, and on 
January 31, 1831, assumed the formal command, tak- 
ing the oath in presence of the ayuntamiento, assem- 
bled for the purpose. 4 

nounced him, in a letter to Guerra, * un sujeto de las mejores prendas. ' 
Chterra, Doc, MS. Osio, Hist. CaL, MS., 160-2, says he failed to gain the 
confidence and esteem of the people in L. CaL; but not much importance is 
to be attached to this statement. 

3 See p. 108 this vol., with quotations from the statements of President 
Sanchez on this subject. 

4 Robinson, Life in CaL, 97, says V. arrived at Sta B. on Jan. 10th. The 
rather meagre official correspondence on V. 's arrival and assumption of the 
command is as follows: Jan. 14, 1831, V. to E., complaining of the delay in 
turning over the office, and of the secularization decree. St. Pap., Miss, and 
('olou., MS., ii. 35-G; Jan. 19th, V. to min. of rel., narrating all that had 



A GOLPE DE ESTADO. 1S3 

In explanation of the situation at the time of Vic- 
toria's arrival, of Echeandia's strange conduct in de- 
laying the transfer of command, and of the bitter 
controversy that now began between the Californians 
and their new ruler, I must here refer briefly to a 
subject which will require full treatment in a subse- 
quent chapter, that of mission secularization. The 
reader is familiar 5 with the Mexican policy on that 
matter, with Echeandia's investigation, experiments, 
and difficulties in attempting to carry out his instruc- 
tions, and with the action of the diputacion in the 
summer of 1830 respecting a plan of secularization 
which w T as submitted to the national government for 
approval. Thus far proceedings had been strictly 



occurred since his departure from Loreto, including the matter of seculariza- 
tion. Sup. Govt St. Pap., MS., viii. 8-10; Jan. 19th, E. to V., in reply to 
letter of 14th, reserving full explanations for a personal interview, but con- 
plaining of V.'s conduct in opposing his acts without legal authority, and 
announcing his intention to await his arrival at Mont, instead of marching to 
Sta B. as he had been ready to do. St. Pap., Sac, MS., x. 76-8. Jan. 29th- 
31st, summons to ayimtamiento, and E.'s announcements of having given up 
the command. Id., xiv. 25; Dept. Pec, MS., ix. 89; Dept. St. Pap., MS., iii. 
5-6; Id., S. Jose, MS., iv. 94. 

On the same topic a few extra-official statements may also be noted. Ban- 
dini, Hist. CaL, MS., 72-3, tells us that V. on his arrival impressed the peo- 
ple of S. Diego as a simple, unostentatious man with benevolent ideas — but 
they were soon undeceived. Vallejo, Hist. CaL, MS., ii. 137-8; Osio, Hist. 
CaL, MS., 160-2; Vallejo, Reminis., MS., Ill; and Alvarado, Hist. CaL, 
MS., ii. 168, state that on his way V. called on P. Peyri, at San Luis Rey, 
by whom he was most hospitably entertained, from whom he borrowed 
$6,000 more or less, to whom he promised all that the friars desired, and who 
at once wrote to his associates ' ya lo tenemos en el manguillo. ' No doubt 
relations were most friendly between the two, but the authors named are 
bitterly prejudiced against V. and all his acts. Vallejo and Alvarado say he 
got large sums also at S. Juan and S. Gabriel — in fact, that avarice was one 
of his weak points, and that the padres were willing to buy him. In his diary 
of Ocurrencias Curiosas, 1830-1, MS., Guerra notes the presence of V. at 
Sta B. on Jan. 7th; declines to make predictions about his prospective rule; 
but says he seems a great friend of Pacheco, has very judicious views on the 
subject of missions; and in stature and flesh bears some resemblance to 
Echeandia. Carrillo {■!.), Doc, MS., 33. Mrs Ord remembers that V., instead 
of lodging as was customary at the comandante's house, went straight to 
the mission. Here Guerra went to call on the new governor, showing him 
every attention, and presenting his daughter, the writer. Ord, Ocurrencias, 
MS., 38^41. Osio, Hist. CaL, MS., 162-4, says that V. arrived unexpectedly 
at Monterey, dismounting before the gov.'s house, and demanding, in an 
abrupt and offensive manner, an immediate surrender of the office. Echean- 
dia promised the transfer for 9 A. m. next morning, and V. went to S. Carlos 
to sleep. 

5 See chap, iv., this volume. 



184 RULE AND OVERTHROW OF VICTORIA. 

legal, and marked by no imprudent c*r hasty steps. 
The friars, however strongly opposed to seculariza- 
tion on general principles, had no just cause for com- 
plaint against. Echeandia. There was now, however, 
a popular feeling in favor of the proposed changes far 
in advance of Echeandia s personal views, and largely 
due to the influence cf Jose Maria Padres, the newly 
arrived ayudante inspector. Padres was a man of 
considerable ability, personally magnetic, and more- 
over a most radical republican. He soon became a 
leading spirit among the young Californians just be- 
coming prominent in public life, intensified their nas- 
cent republicanism, taught them to theorize eloquently 
on the rights of man, the wrongs of the neoplrytes, 
and the tyranny of the missionaries; and if he also held 
up before the eyes of the Carrillos, Osios, Vallejos, 
Picos, Alvarados, Bandinis, and others bright visions 
of rich estates to be administered by them or their 
friends, their young enthusiasm should by no means 
be termed hypocrisy or a desire for plunder. 

But events in Mexico seemed to favor the friars, 
and were not encouraging to the views of Padres and 
his disciples. It is not apparent whether or not the 
success of Bustamante or its bearing on Californian 
matters was known in July and August 1830, the 
date of the diputacion's acts; but when the day of 
Victoria's arrival drew near, and no approval of the 
plan came from Mexico, Echeandia was persuaded, 
probably without much difficulty, to essay a golpe tie 
estado. Accordingly he issued, January 6, 1831, a 
decree of secularization, which he took immediate steps 
to carry into execution before turning over the com- 
mand to his successor. Victoria was known ' to be 
more a soldier than a politician, and it was hoped with 
the aid of the diputacion in some way to sustain the 
decree and reach a result favorable to the anti-mission 
party. Echeandia's act was wholly illegal, uncalled 
for, and unwise. It was simply a trick, and an absurd 



THE GOVERNOR'S ADDRESS. 185 

one. The opponents of Victoria were thus in the 
wrong: at the beginning of the quarrel. 6 

While at Santa Barbara Victoria heard of the de- 
cree of January 6th and prevented its publication in 
the south; while he reported the matter to the national 
authorities, denouncing Padres, whom of course he 
had known well in Baja California, as the real author 
of the trick and as a man who was very dangerous to 
the best interests of the territory. 7 In the north, 
where the decree had been already published, the new 
ruler took immediate steps to prevent its execution. 
Nothing more need be said here of secularization, 8 
but the wrath of the ayudante inspector and his 
party may well be imagined by the reader, and will 
be constantly apparent in the subsequent record. 

Having assumed the command, Victoria issued the 
1st of February an address to the people, a brief 
document, in which the author made known to his 
1 beloved fellow-citizens' his purpose to reform the 
evils that most afflicted the country, and his hope for 
cordial support from the inhabitants. "The laws 
must be executed, the government obeyed, and our 
institutions respected," he writes; "I have to favor 
honesty and to punish perversity, the first being in 
accord with my character, the second demanded by 
my honor and conscience." 9 All of this officer's com- 
munications, or at least all that have been preserved, 
were brief and to the point, showing the writer to be 
more of a soldier than politician, and lacking some- 
thing of the usual Mexican bombast. Of his personal 

6 In a letter to the padres dated Nov. 18, 1832, E. says that V. factiously 
removed him from the command, and that he gave it up to save the country 
from disturbances ( !), little thinking V. would 'audaciously prevaricate and 
break his oath.' St. Pap., Miss, and Colon., MS., ii. 61. To Figueroa, on 
Mar. 19, 1833, he says that V. treated him with the greatest contempt in 
matters of government. Id. , ii. 55. The only defence of E. and his friends 
is the justice of their general views on the mission question and the Indians' 
rights, which of course has no real bearing on the matter at issue. 

7 Sup. Govt St. Pap., MS., viii. 8-10. 

8 The subject is fully treated for the years 1831-5 in chap, xi.-xii., this 
volume, q. v. 

9 Victoria, Manifestation del Grfe Politico de la Alta California a sus habi- 
tantes, 1831, MS. 



1SG RULE AND OVERTHROW OF VICTORIA. 

movements during the nine months of his stay in the 
north, we know but little, except what can be gathered 
from the dates of successive official documents to be 
noticed incidentally in the record about to be pre- 
sented. He is said to have gone to San Francisco 
soon after taking the command, and subsequently to 
have spent some time on different occasions at Santa 
Clara. 10 In addition to his few letters on special 
topics, the governor made in June a general report on 
the industrial condition of California, a document 
which presents no matter for comment. 11 Echeanclia 
retired to San Diego a few days after turning over 
the office, but did not yet leave the territory, as we 
shall see. 

The annals of 1831, and of Victoria's rule, are con- 
fined to the revolutionary movement by which that rule 
was brought to an end, there being nothing else wor- 
thy of notice in the records of the year, so far at least 
as general history is concerned. The development of 
the revolution may best be explained by presenting as 
successive topics the several charges against the gov- 
enor, which may be regarded as in a certain sense the 
causes of the popular feeling on the subject, though it 
is well to bear alwaj 7 s in mind the chief cause, under- 
lying all others as already shown. I begin with what 
was in reality the most serious and best founded ac- 
cusation. 

10 Vallejo, Hist. CaL, MS., ii. 137-40, speaks of a party given in V.'s 
honor at the house of Lieut Martinez, at which politics was more or less dis- 
cussed. Amador, Mem., MS., 122, mentions a tour of inspection before 
settling at the capital. Apr. 7th, Jose' J. Gomez writes to Juan Bandini that 
V. had arrived at Monterey (from the north?) the day before, and was talking 
of going south soon. S. Diego, Arch., MS., 18. Alvarado, Hist. CaL, MS., 
iii. 7-8, tells a story to the effect that V. attempted to prosecute himself and 
Jose Castro for the part they had taken in publishing the secularization 
decree, authorizing Pliego, their enemy, to commence criminal proceedings. 
But when summoned— so says A. — they rode up before Pliego's office on 
horseback, refused to hear the documents read, and dashed off to Sta Clara. 
V. subsequently treated them very well, however, giving them a profitable 
license to take otter at S. Francisco. 

11 V id una, Informe General sobre California, 1S30, MS., dated June 7th. 
A general report on government with recommendations of reform may also 
be mentioned under date of Sept. 21st. Dept. Jiec. t MS., ix. 14G-9. 



KEFUSAL TO CONVENE THE DIPUTACION. 187 

Victoria neglected . to convene the diputacion, and 
even when urged to do so, flatly refused, greatly to 
the disofustof the members and their friends, the most 
influential element of the population. His conduct 
in this respect was doubtless illegal as well as impoli- 
tic, and gave the Californians just cause for complaint. 
He knew, however, that the vocales were for the most 
part the followers of Padres and the promoters of 
Echeandia's golpe de estado, regarding their desire to 
assemble as merely a continuation of the trick, and 
supposing with much reason that the sessions would 
be largely devoted to schemes of interference with his 
own policy and measures. On January 29th, the day 
of Victoria's arrival at Monterey, Echeandia had sum- 
moned the vocales to assemble in the interests of pub- 
lic tranquillity. 12 I have no doubt the plan was in 
some manner to insist, with the aid of the diputacion, 
on the carrying-out of the secularization scheme. 
Efforts to convene that body were continued all the 
spring and summer. At first the ayuntamiento of 
Monterey, aided to some extent by that of San Jose, 
was the medium of appeal, though the governor in 
February assembled that body to explain how inop- 
portune had been the petitions of Alcalde Buelna, 
and warned the municipal authorities not to meddle 
with matters that did not concern them. 13 The 30th 
of July diputados Vallejo, Osio, Ortega, and Castro pe- 
titioned the governor directly to convoke the assembly, 
and apparently some of the southern members either 
signed this petition or sent in another similar one; 
but Victoria showed no signs of yielding. 14 

12 Jan. 29, 1831, E. at the request of the ayunt. of Monterey in extra session, 
to Jose Ortega, Tiburcio Castro, M. G. Vallejo, and suplcnte Francisco 
Haro in place of A. M. Osio. Dept. Bee., MS., ix. 88; Vallejo, Doc, MS., i. 
210; Monterey, Actos del Ayunt., MS., 30-1. Probably a similar summons 
was sent to other members. 

13 Monterey, Ados del Ayunt., MS., 31-4, 38-40. Sessions Jan. 29th; 
Feb. 5th, 18th; Aug. 3d, 4th. Also vague allusions in the proceedings against 
Duarte, the alcalde of S. Jose. Dept. St. Pap., Ben. Mil., MS., 14-51. Of 
the Duarte case I shall speak a little later. 

14 The petition is alluded to in Leg. Bee, MS., i. 305-9, 332, but no de- 
tails are given. On Aug. 24th V. writes to Alcalde Sanchez of Los Angeles* 



1S3 RULE AND OVERTHROW OF VICTORIA. 

The northern members repeated their petition Sep- 
tember 11th, urging that the regular time for meet- 
ing was March 1st, claiming that urgent business 
required attention, and even threatening rather mys- 
teriously, in case their request were denied, " to pro- 
ceed according to law." 15 This brought out from 
Victoria on the 21st an address, or manifesto, to the 
public. In this document he defined in a very straight- 
forward manner his position, alluding to the criminal 
motives and seditious plans of the opposing faction, 
"personal interests disguised in the habiliments of 
philanthropy," declaring his intention to thwart the 
schemes of his predecessor, and reminding good citi- 
zens that the way to prosperity and happiness lay in 
the direction of submission to law, and not of sedition. 
He stated that a majority of the diputados had been 
illegally elected, that he had reported everything to 
the national authorities, without whose orders he 
would not convoke the assembly, and that he counted 
on resources unknown to his enemies. 16 In a report 
bearing the same date Victoria announced his suspen- 
sion of the diputacion, and earnestly recommended the 
abolishment of all elective ayuntamientos and the 
restoration of military rule, except that certain judges 
might be appointed for Los Angeles and San Jose. 17 
This radical overturning of all civil authority seemed 
a simple and effective measure to this honest soldier, 
who felt that he could preserve order more easily if 

'As you are probably on good terms with Pico, persuade him to withdraw 
his petition for convoking the dip. . . It is my privilege to convene the assem- 
bly when I find it necessary; and up to the present time it has not been so; 
for I have just reasons which require me to await the decision of the sup. 
govt on my inquiries.' /(/., i. 329-30. Sept. 7th, V. writes a very curt and 
plain letter to Juan Bandini in reply to his of Aug. 7th. The subject is os- 
tensibly financial matters, but it is apparent that Bandini was reckoned among 
the enemies of the new gov. on general principles. Dept. Rec, ix. 43-5. 

15 Petition dated S. Francisco, in Leg. Rec, .MS., i. 330-2. 

16 Victoria, Manifiesto a los Habitantes de California. 21 de Setiembre, 1831, 
MS.; V<r//<jo,Doc, MS., i. 245; Pico, Hist. CaL, MS., 3; Bandini, Doc, MS., 
1G. V. expressed like sentiments in a letter of Oct. 24th to the alcalde of 
Los Angeles, copied in Leg. Rec, MS., i. 335-6. 

"Sept. 21, 1831, V. to min. of justice, in Dept. Rec, MS., ix. 14G-9. The 
writer claimed that there were few if any persons fit for alcaldes, and that 
the oiiices were sought mainly for purposes of personal gain or revenge. 



ADMINISTRATION OF JUSTICE. 189 

the territory were made a mere military comandancia. 
Small wonder, however, that the Californian republi- 
cans were unprepared for such a change! The four 
diputados, Vallejo, Ortega, Osio, and Castro, sent, 
September 18th, a representation to Mexico, complain- 
ing of the refusal to convoke the diputacion, of his 
evident hostility to the federal system, and of several 
arbitrary acts to be noted later. The 7th of Novem- 
ber they sent another memorial in reply to Victoria's 
manifiesto, in which they called upon the supreme 
government to protect the people against the gov- 
ernor's oppressive usurpation's. 18 Juan Bandini, sub- 
stitute congressman from California, also wrote a reply 
to Victoria's proclamation, dated at San Diego Octo- 
ber 10th, in which he refuted the charge of illegality 
'in the elections, and argued very eloquently against 
the governor's right to deprive the country of the 
services of its diputacion on account of mere suspicions 
respecting the members. Pio Pico, senior vocal of 
the diputacion, issued a similar protest. 19 

The administration of justice was a subject which 
early claimed the new ruler's attention. It had been 
much neglected by the easy-going Echeandia, and 
crime had gone unpunished. Criminal proceedings 
had been often instituted, as we have seen in the local 
presidial annals of the last six years, but penalties had 
been rarely inflicted with fitting severity. Victoria 
had strict ideas of discipline, and no doubt of his 
ability to enforce the laws. He is said to have boasted 
soon after his arrival at Monterey that before long he 
would make it safe for any man to leave his handker- 
chief or his watch lying in the plaza until he might 

18 Copies of these documents in Vallejo, Doc, MS., i. 215, 238, 241. 

19 Bandini, Contestation d la Alocucion del Ge^e Politico D. Manuel Victoria, 
1831, MS.; Pico, Protesta al Manifiesto de Don Manuel Victoria, 1831, MS., 
dated Oct. 15th. Oct. 17th, J. M. Padrds in a private letter congratulates 
Vallejo and the other deputies on their efforts to throw off the ugly epithet of 
'seditions' applied by the gefe politico. He thinks the southern deputies 
have failed to do their whole duty. Vallejo, Doc, MS., i. 239. 



190 RULE AND OVERTHROW OF VICTORIA. 

choose to come for it. How he carried out his ideas 
i j 1 this direction will be apparent from a few causas 
celeb res of the year. 

The case of Atanasio was pending when Victoria 
came. Atanasio was an Indian boy less than eigh- 
teen years of age, a servant in sub-comisario Jimeno's 
office, who had in 1830 stolen from the warehouse 
property to the extent of something over $200. The 
prosecution was conducted by Fernandez del Campo, 
Padres, and Ibarra as fiscales; and the last-named 
demanded, in consideration of the vouth and ignorance 
of the culprit, as well as on account of the carelessness 
with which the goods had been exposed, a sentence of 
only two years in the public works. The asesor, Ra- 
fael Gomez, after having sent the case back to the 
fiscal for the correction of certain irregularities, ren- 
dered an opinion April 18th, in favor of the death 
penalty; and by order of the comandante general 
Atanasio was shot at 11 a. m. on the 26th. 20 Gomez 
was an able lawyer, and I suppose was technically 
correct in his advice, though the penalty seems a 
severe one. Naturally the Californians were shocked; 
and though an example of severity was doubtless 
needed, Victoria was not fortunate in his selection. 
The circumstance that led to the culprit's detection 
seems to have been his using some military buttons 
for gambling with his comrades; and the popular ver- 
sion of the whole affair has been that an Indian boy 
was shot by Victoria for stealing a few buttons. 21 

In May 1831 the warehouse at San Carlos was 
robbed on three different occasions, perhaps entered 
three times the same night, by Simon Aguilar, a Mex- 

20 Atanasio, Causa Criminal contra el I ndio Atanasio y ejecucion del iro, 
1831, MS. 

21 Estevan de la Torre, Jos6 M. Amador, Jesus Pico, Inocencia Pico de 
Avila, Jos6 J. Vallejo, Juan B. Alvarado, and others give substantially this 
versioi). I have no space for minor variations, most of which are absurdly 
inaccurate. Osio, Hist. CaL, MS., 1G5-6, says that Gomez sent a despatch to 
stay the execution an hour after the boy had been shot; and Vallejo, Hist. 
CaL, MS., ii. 143, that Atanasio was a servant of Pliego, caused to be con- 
demned by his master without the proper legal forms, and without any speci- 
li cat ion of the crime. 



THE RUBIO CASE. ' 191 

ican convict in the service of Gomez, and Eduardo 
Sagarra, a native 'of. Lima. A neophyte boy, An- 
dres, furnished the keys, which he had managed to 
steal from Padre Abella, the complainant in the case. 
There was no doubt about the guilt of the accused, 
and the fiscal, Rodrigo del Pliego, demanded for the 
two men the death penalty, and for the boy, in con- 
sideration of his being only thirteen years old, two 
hundred blows. Gomez, the. asesor, also decided that 
Aguilar and Sagarra should be shot, and that Andres, 
after witnessing the execution, should receive one 
hundred blows, and be sent to the mission to work 
for six months, wearing a corma. The sentences 
were approved by Victoria, and executed May 28th 
at the presidio of Monterey. 22 

The famous Rubio case dates back to 1828. On 
the night of August 15th of that year, Ignacio Olivas 
and his wife, on returning from a fandango at San 
Francisco, found their little daughter aged five years, 
and son of one year, dead in their beds, the former 
having been outraged and both brutally treated. The 
soldier, Francisco Rubio, a vicious man who had been 
convicted of serious crimes while serving in the mis- 
sion escoltas of Santa Ines and Solano, was suspected 
and arrested. The case was prosecuted in August 
and September by Lieutenant Martinez, and the testi- 
mony has been preserved. It was in evidence that 
Rubio had learned by inquiry that the parents were 
to attend the fandango without the children: that he 
knew how to open the doors; that tracks about the 
house agreed with his boot; that his clothing bore 

22 Records of the case in Dept. St. Pap., Ben. Mil, MS., lxxiii. 8-11. No- 
tice of the execution in Dept. Bee, MS., ix. 25; Guerra, Doc, MS., v. 102. 
Notices by P. Sarria of spiritual consolations and burial in the presidial cem- 
etery of these two men, and also of Atanasio. Nos. 2784, 2892-3, in the 
register of burials at Monterey, copied in Torre, Remin., MS., 25-6. Larios, 
Convuldones, MS. ,11, witnessed the execution and the flogging administered to 
the boy. So did Rafael Pinto, Apunt., MS., G-8, who was a boy at the time, 
and who received a terrible flogging from his brother-in-law, in order that he 
might never forget the day nor the solemn lesson taught by the event! Ama- 
dor, Mem., MS., 122-6, tells us that one of the padres interceded most 
earnestly with Victoria for a pardon. 



192 RULE AXD OVERTHROW OF VICTORIA. 

blood-stains at the time of his arrest; that he had 
tried to sell his shirt during the night; and that many 
of his actions had seemed strange and suspicious to 
his companions. Beyond his own statements and 
protestations of innocence, there was no evidence in 
his fa vor, or against any other person. Though circum- 
stantial, the proofs w T ere strong; sufficiently so, I 
think, to justify the severest penalty. The case, how- 
ever, dragged its slow length along, with no percepti- 
ble progress, as was usual in California, through 1829 
and 1830. Rubio was nominally imprisoned, but 
during 1 much of the time seems to have worked as a 
servant about the presidio, with abundant opportuni- 
ties for escape. When Victoria came he intrusted 
the prosecution to Jose Maria Padres, who began 
active operations in May 1831. Alferez Vallejo, 
who had declined to serve as fiscal, now made some 
efforts in behalf of Rubio; but his testimony and 
that of others called in to substantiate it tended 
merely to show irregularity in one of the former pro- 
ceedings, and that another man, having been charged 
with similar crimes at San Francisco, might be guilty 
in this instance. No new evidence w 7 as adduced in 
Rubio's favor. He was defended by Pliego, a friend 
of Victoria, who on account of technical irreofulari- 
ties, and because no one had seen his client commit the 
crime, asked only that some other penalty than death 
should be imposed. Padres, an enemy of Victoria 
and friend of Vallejo, expressed no doubt of Rubio's 
guilt, but he also urged that imprisonment be sub- 
stituted for death. Rafael Gomez reviewed the 
testimony at some length, pronounced the accused to 
be guilty, and recommended that he be shot behind 
the house of Olivas. The sentence was finally ap- 
proved by Victoria and executed August 1st, at 11.30 



A. M. 



The case of Rubio, as just related from the original 

23 Rubio, Causa Criminal por Asesinatos y Esiupro, 1S2S-31, MS. 



A CAUSA CELEERE. * 103 

records, would seem to be a very clear one, respecting 
which no blame could.be imputed to Victoria; yet so 
bitter was the feelino* against that official, that the 
execution has been "almost uniformly regarded by 
Californians as a judicial murder, stamping Victoria 
as a blood-thirsty monster. The only reason for this 
strange belief, in addition to the popular feeling fos- 
tered by Vallejo and his friends, was the generally 
credited rumor that after Rubio's death an Indian 
confessed that he had committed the crime for which 
the innocent soldier had suffered. I am unable to 
say positively that this ruriior, so confidently pre- 
sented as truth by dozens of witnesses, was unfounded ; 
but it may be noted that most persons speak indefi- 
nitely of the guilty Indian; that the few who venture 
on details of name, place, and date differ widely in 
such particulars; and finally that the later confession, 
if perfectly authentic, has no possible bearing on Vic- 
toria's action. 24 

Abel Stearns, an American but a naturalized citi- 
zen of Mexico, who had been in California since 

21 Besides being a partisan of Padres in the general controversy, Vallejo 
had a personal grievance, arising from the fact that Victoria had condemned 
him to 8 days' arrest for insubordination in refusing to serve as iiscal in 
another case. Dept. JRec, MS., ix. 18-19. Vallejo, Hist. Gal., MS., ii. 140-7, 
says that he as prosecuting attorney informed Victoria that the signatures of 
the witnesses against Itubio were forgeries; that he and Padres offered to aid 
Rubio to escape, but he refused; that the execution was an outrage; and that 
the real culprit confessed the crime in 1833. Alvarado, Hist. CaL, MS., ii. 
171, 183, iv. 81, regards the prosecution as a conspiracy against Rubio; and 
both he and Vallejo state that great reverses of fortune overtook Lieut Mar- 
tinez at the time of Rubio's death, and were commonly regarded as divine 
punishments. Osio, Hist. Cat, MS., lGo-7'2, gives some particulars, more 
pathetic than probable, of the execution, and tells us that or 7 years later 
Vallejo at Sonoma learned that Roman, a neophyte of S. Rafael, had committed 
the crime, and sent Sergt Pifia to shoot him. Gabriel Castro in 1876 gave 
one of my agents a narrative in which I put no confidence, with minute de- 
tails of the arrest and confession of Roman at S. Francisco, where he died in 
prison of syphilis. Ignacio Cibrian also gave a somewhat different version. 
In the evidence it appeared that a little brother of the victims said that a 
fierce coyote had come and killed the children; and Amador, Mem., MS., 
122-6, implies that Rubio's nickname of 'Coyote' was the main ground of his 
accusation. J. J. Vallejo, Rcmin., MS., 112, tells us that Victoria was 
moved by the counsels of the padres and by his hatred of Padres, who pro- 
tected Rubio. The versions of Pinto, Pico, Weeks, Torre, and Galindo need 
no special notice. None doubt that Rubio was the victim of Victoria's op- 
pression. 

Hist. Cal., Vol. III. 13 



194 RULE AND OVERTHROW OF VICTORIA. 

18-9, was apparently a sympathizer with the party of 
Padres and Vallejo; or at least he was so regarded by 
Victoria. He had a land grant in the San Joaquin 
Valley which required confirmation by the diputacion, 
and he was therefore anxious for a meeting of that 
body. This was his only offence, so far as I can as- 
certain; but for it Victoria ordered him to leave the 
country, refused to give or listen to airy explanations, 
and merely bade him present his claims and com- 
plaints to the supreme government. The correspond- 
ence began in February. In July, Stearns was re- 
fused permission to visit San Francisco to attend to 
his business affairs, and on September 23d his pass- 
port was issued. He soon sailed from Monterey, 
but did not go farther than San Diego, or the fron- 
tier of Baja California. 25 Nothing can be said in 
defence of Victoria's arbitrary course in thus exiling 
a Mexican citizen without trial or specification of 
offence; but the provocation was I have no doubt 
much stronger than it appears in the written record, 
since Stearns was not a man disposed to submit quiet- 
ly when his interests were threatened. 

Another of Victoria's arbitrary proceedings was 
that against Mariano Duarte, alcalde of San Jose, in 
August and September. Duarte had, after consulta- 
tion with Alcalde Buelna of Monterey, tried to in- 
duce the ayuntamiento to petition for the convoking 
of the diputacion. This was his chief offence, "one 
which has a very strong bearing upon the present 
political state of the territory," in Victoria's eyes; but 
there were others, brought forward by the other 
municipal officers who disliked the alcalde, and in- 
cluded in the investigation. Duarte had somewhat 

) 
" Correspondence between V. and Stearns in Leg. Bee, MS., i. 321-9; Dept. 
Hoc, MS., ix. 102, 10G-7. S. had, however - , since Oct. 1830, a quarrel on 
hand with Ex-alcalde Soberanes, for disrespect to whom he had been impris- 
oned, and justly as the asesor decided. Monterey Arch., MS., i. 26-7. Sept. 
] L, 1831, V. to min. of rel., accuses S. of pernicious conduct, of plotting with 
rea to have the dip. meet, of trying to go to S. Francisco to join the 
other plotters, and of being a vagabond dependent on Capt. Cooper. Dept, 
Rec., MS., ix. 14 j. 



AN AMOROUS ALCALDE. 195 

irregularly appointed .certain regidores to fill vacan- 
cies, and had taken from the municipal funds compen- 
sation for teaching the pueblo school, whereas it had 
been the understanding that he was to teach for noth- 
ing — the estimated value of his services. Worse yet, 
Duarte allowed himself to be inveigled into a trap 
by his foes. A woman with more patriotism than 
modesty was induced to send the alcalde an amorous 
invitation, and he w T as surprised at her house by the 
watchful regidores. Rodrigo del Pliego was sent to 
San Jose to prosecute the case; and a little later 
Duarte was brought in irons to Monterey to be tried 
by a military court. There was no trouble in prov- 
ing the truth of the only charge to which Victoria 
attached much importance, that of laboring to secure 
a meeting of the diputacion, and all went well for the 
governor until the opinion of the asesor was rendered 
September 30th. This opinion was to the effect that 
the charges against Duarte had been substantiated, 
but that in urging the ayuntamiento to cooperate 
with others in demanding a convocation of the assem- 
bly he had done no criminal act, and that as to the 
other offences a military court had no jurisdiction, 
and they must be sent to the supreme court in Mex- 
ico. Victoria seems to have made no effort to con- 
tinue the prosecution in defiance of law. 26 

There was trouble likewise at Los Angeles, though 
the alcalde of that town, Vicente Sanchez, was a 
partisan and protege of Victoria, being a man more- 
over who always had a quarrel on hand with some- 
body. In January Echeandia, acting on the legal 
advice of Gomez, had declared Sanchez as a diputado 
not competent to hold the place of alcalde, ordering 
that the first regidor take the place provisionally and a 

26 Duarte, Causa Criminal stguida contra el Alcalde de S. Jose", Mariano 
Duarte, 1831, MS. Lieut Ibarra was Duarte's defender, but his argument 
was devoted to showing his client to be an ignoramus. There is nothing in 
the narratives of Californians on this affair that deserves notice, though 
many mention it in their charges against Victoria. The decision of Gomez 
on the legality of the case was subsequently affirmed in Mexieo. 



106 RULE AND OVERTHROW OF VICTORIA. 

new alcalde be chosen. 27 There is no record of immediate 
action on this order; but on April 18th the ayunta- 
miento deposed Sanchez, putting Regidor Juan Alva- 
rado in his place. At first Victoria did not object to 
the change, but a few days later, probably learning 
that it had been in some way in the interest of Eche- 
andia's party, he discovered that the movement had 
been a revolutionary and illegal one. So he wrote a 
severe reprimand to Alvarado, ordered him to restore 
Sanchez to office, and announced that he would soon 
come down to Los Angeles to make an investigation. 
The order was obeyed and Sanchez was reinstated.- 3 
In June, for reasons that do not appear, Victoria saw 
fit to revive the matter by sending Lieutenant Ar- 
gtiello to make investigations and administer rebukes. 
The 21st of July he sent back the sumario that had 
been formed by Argliello, and ordered that the regi- 
dores Alvarado and Perez, with six other citizens of 
Los Angeles, should be put in prison. They were 
never released by Victoria's order. 29 

One of Alcalde Sanchez's quarrels was with Jose 
Antonio Carrillo. The exact nature of the trouble is 
not explained; but in March Carrillo was taken into 
custody as a defrauder. He escaped, but gave himself 
up to the comandante of Santa Barbara on March 21st, 
and was kept in confinement there for some fifty days. 
At the end of that time he was sent down to San 
Diego, and immediately banished to San Vicente on 
the frontier by Victoria's order. How Carrillo had 
offended the governor is not recorded, but it is to be 

"Dept. Bee, MS., ix. 84-5. 

28 April 21st, 23d, V. to Alvarado. Dept. Bee, MS., ix. 99-102. The com. of 
Rta B. reports having felt some alarm when he first heard of Sanchez's removal, 
but soon learned that no harm was intended. Dept. St. Pap., MS., iii. 9-10. 
April 2oth, Alvarado to V., saying that Sanchez had been reinstated. April 
2Gth, Sanchez to V., complaining of his wrongs at the hands of foes. Regi- 
dor Jos6 Perez Avas arrested, but let out on bail. Dept. St. Pap., Ben. Pre/. 
y Juzg., MS., iii. 54-5. 

"Leg. Bee, MS., i. 307-8, 349-50; Dept. Bee, MS., ix. 108-10. The six 
citizens were Tomas Talamantes, Francisco Sepulveda, Jos6 Maria Avila, 
Maximo Alanis, Demesio Domingnez, and Jose" Maria Aguilar. Capt. Bar- 
roso took Argiiello's place in August. 



EXILE OF J. M. PADRES. 197 

presumed that lie had taken a prominent part in send- 
ing memorials from the south in the interest of the 
diputacion. He protested earnestly against his exile 
in June and July, demanding an opportunity to re- 
turn, under bonds, to vindicate his honor; but all he 
could obtain was permission to move about from place 
to place on the frontier without returning to Califor- 
nia while his case was pending. Nevertheless he did 
return, as we shall see. 30 

Finally Jose Maria Padres, whom Victoria justly 
regarded as the leading spirit in the opposition to his 
measures, was summarily sent out of the territory 
without form of trial. In all his communications the 
governor had named Padres as the cause of the coun- 
try's ills. 31 Early in the summer he had been sent to 
San Francisco, where it was thought he could do less 
harm than at the capital; but he continued his plot- 
ting^ — so believed Victoria — in connection with Va- 
llejo and several young Californians who were living 
there ostensibly engaged in hunting otter. In Octo- 
ber the order for Lis banishment was issued, and early 
in November lie was sent by sea to San Bias. 32 Of 
course Victoria had no authority for such an act. 

I have thus catalogued the acts of Victoria's admin- 

30 Correspondence on Carrillo's case from March to August, in Valle, Doc 
Hist. Gal., MS., 17; Leg. Rec, MS., i. 302-3, 313-20; Dept. Rec, MS., ix. 
3-2; Dept. St. Pap., MS. , iii. 14- LG, IS; Orel, Ocurrcncia*, MS., 43-4. Al- 
varado, Hut. Co!., MS., ii. 1G9-70, erroneously says Bandini was banished 
with Carrillo, and the two wrote a maniliesto, which was sent north. Some 
one put a copy under Victoria's pillow, and a reward was offered for his de- 
tection. 

31 Particularly in his report to the min. of rel. of Sept. 21st, in Dept. Rec, 
M.S.. ix. 149-52. 

32 July 24th, Padres at S. Francisco writes to Stearns, advising him to go 
to Mcx. with his complaints against V. Vallejo, Doc., MS.,i. 234. Sept. 
14th, V. to min. of war. Says that P. was sent to Bodega to make an inspec- 
tion; hut that he talked very freely to the Russians against the Mex. and Cal. 
govt. Dept. Hoc, MS., ix. 144. Oct. 17th, P. congratulates Vallejo on his oppo- 
sition to V. Vallejo, Doc, MS., i. 239. Oct. 19th, P. is to sail on the Catalina. 
Nov. 8th, he is to sail on the schooner Margarita. Id. , i. 242; Dept. Rec , MS. , 
ix. 53, Gl. Figueroa, Manifiesto, 3-4, speaks of P.'s influence in favor of re- 
volt. Alvarado, Hist. Cat., MS., ii. 174-5, says P. left Monterey Dec. 8th, 
and that V. before exiling him had tried to buy him off. Both this author and 
Vallejo, Hist. CaL, MS., ii. 142-7, say that P. left Cal. vowing to oust V., 
and in possession of news from Mex. that made him think it would not be 
very difficult. 



108 RULE AND OVERTHROW OF VICTORIA. 

istration, and they leave no doubt as to what manner 
of man he was. Personally brave, honest, energetic, 
straightforward, and devoted to what he deemed the 
best interests of the territory, he was yet more a co- 
man dante general than a gefe politico. His idea of 
his duty was to preserve order and administer justice 
by military methods, removing without regard to con- 
stitutional technicalities such obstacles as might stand 
in the way of success in carrying out his good intentions. 
All the Californians in their narratives credit him with 
personal courage, but with no other good quality, save 
that a few admit he paid better attention to the com- 
fort as well as the discipline of his soldiers than had 
his predecessors. Nearly all, after mentioning more 
or less accurately some of the acts which I have chron- 
icled, express the opinion that Victoria was a cruel, 
blood-thirsty monster, at whose hands the lives of all 
honest citizens were in danger, some adding that he 
was dishonest and avaricious as well, and others assert- 
ing that he was a full-blooded negro. So stronsr is 
popular prejudice, fostered by a few influential men. 33 
There is a notable lack of missionary correspondence 
in the records of 1831, and I find only one contempo- 
rary expression of the padres' opinion respecting Vic- 
toria's acts, except that of course they approved his 
abrogation of the secularization decree. Padre Duran, 
in the epilogue of his comments upon that measure, 

33 1 shall give later references to all the Californian writers who have treated 
of Victoria's rule. Their sentiments are so uniform, that it is not necessary 
to cite individual opinions. In the memorial of the diputados to the Mex. 
govt of Sept. 18th, Vallejo, Doc, MS., i. 215, 238, the charges against V. are 
his exile of Carrillo and Stearns, his arrest of Duarte, his refusal to convoke 
the diputacion, his general opposition to the federal system, and his insults 
to diputados and inhabitants. A very complete resume^ of V.'s acts and trou- 
bles, made up from his despatches and those of Eclieandia and others, is found 
in Alaman, Succsos de California en el aho tie 1831, MS., the same being an 
appendix to the minister's instructions to Gov. Figueroa in 1832. The whole 
subject is also fully treated in Vallejo and Argiiello, Expediente sobre las Ar~ 
bztrariedade8 de Victoria, MS., presented to the dip. on Feb. 17, 1832. To 
the usual charges Bandini, Apuntes Politico?;, 1832, MS., adds the sending of 
some Angelinos far among the savages toward Sonora to drive stock for a 
favorite padre of the governor's, tampering with the mails at Monterey, and 
ing the faculties of hacienda employees to the prejudice of the admin- 
i ttration. 



PREJUDICE AGAINST THE GOVERNOR. 199 

after affirming that .the leading Californians aimed 
solely at securing mission plunder and rejoicing at 
Victoria's opportune arrival and suspension of the law, 
wrote: " Interested parties, including some vocales of 
the diputacion, sure of their prey, were disappointed, 
and disappointment turned into hatred for the .equi- 
table Victoria. Never had they pardoned this just 
chief for having rescued the booty already within 
their grasp. They began to intrigue and hold secret 
meetings, and for ten months of 1831 symptoms of 
sedition have not ceased to keep the illustrious chief 
in constant trouble. They sought to force him to 
convene the diputacion, in order that with a semblance 
of legality they might accomplish their desires, . . . un- 
grateful for the sacrifices of the poor Indians; but Vic- 
toria never consented; and in November they pro- 
claimed a plan of attack." The foreign residents are 
equally silent, 34 but I suspect that their views were 
more favorable to the governor than the} 7 cared to 
admit generally to the strong element opposing him. 
The Californians have weakened their cause by their 
unfounded and exaggerated attacks on Victoria's per- 
sonal character, for politically the cause was a strong 
one. Victoria went far beyond the authority of his 
office, in refusing to convoke the assembly, in trying 
an alcalde by court-martial, and in banishing Mexican 
citizens without forms of trial. He was not in sym- 
pathy with constitutional government; and his acts 
were not to be defended by reason of the reactionary 
character of the administration that appointed him, 
the trick that was attempted by Padres and Echeandfa, 
the formidable opposition which forced him to a more 
arbitrary policy than he would otherwise have shown, 
or the promptness and frankness with which he sub- 
mitted all to the national authorities. Perhaps his 
proceedings might even have justified revolt after a 

34 Duran, Notas y Com., MS., epilogue. Spence, Hist. Notes, MS., 15, 
merely says that V. was energetic and made every one respect order and law, 
wliicli did not please a certain class. 



200 RULE AND OVERTHROW OF VICTORIA. 

failure to obtain relief from Mexico. Under other 
circumstances, Victoria might have been an excellent 
ruler for California. 

Thus far San Francisco in the extreme north had 
been the centre of opposition to Victoria, but the 
final revolt broke out in the extreme south at San 
Diego. 35 Some prominent men of the north are of 
opinion that the abajehos should not have all the 
glory, but I fear there is hardly enough of it to bear 
division. Jose Antonio Carrillo, supposed to be in exile 
on the frontier, but who came secretly to the vicinity of 
San Die^o in November, was the real instigator of the 
revolt, seconded by Abel Stearns, another exile; but 
the active and ostensible leaders were Juan Bandini, 
diputado suplente to congress and sub-comisario of 
hacienda, and Pio Pico, senior vocal of the diputacion. 
Bandini in his history gives but a general account of 
the affair, but Pico enters into some detail, both of the 
actual revolt and of preliminary movements. 36 After 
ten or twelve days of preparatory plotting, Pico, 
Bandini, and Carrillo, on November 29th, drew up and 
signed a formal pronunciamiento, and that evening 

35 Vallejo, Hist. Cal., MS., ii. 142-7, and Alvarado, Hist. Cal., MS., ii. 
172-3, state that the former, a member of the diputacion, was urged in letters 
from leading men in the south to take the initiative in a revolution to over- 
throw the tyrant. Vallejo went to Monterey to consult with the other 
northern vocales, but found them timid about resorting to rebellion. On his 
way back to S. F. he met V. at Sta Clara, and was offered by him all kinds 
of official favors if he would abandon the party of Padres. This was just 
before the exile of the latter, and V. had received alarming news of growing 
uneasiness in the south. 

86 Bandini, J list. Cal, MS., 73-5; Pico, Hist. Cal, MS., 24-34. Pico says 
that in the middle of Nov. his brother-in-law, Jose J. Ortega, came down from 
Monterey with news that V. was preparing to come south, and that he in- 
tended to hang Pico and Bandini for their efforts in behalf of the diputacion. 
He at once sent for J. A. Carrillo — also his brother-in-law — who came to his 
rancho of Jamul; both came to S. Diego in the night and had an interview 
with Bandini, and the three resolved on a pronunciamiento as the only means 
of thwarting V.'s plans. It took about two weeks to perfect their plans and 
to learn what men could be relied on. During this time Pico and Juan Lopez 
made visits to Los Angeles to enlist the Angelinos in the cause. They found 
that Alcalde Sanchez had about 70 (some others say 30 or 40) of the citizens 
in jail; but Avila and other leaders disapproved of any rising until V. should 
have passed Angeles, when they would attack him in the rear, and the Die- 
guinos in front. Finally they heard from Stearns a confirmation of V.'s 
schemes as before reported. 



PRONUXCIAMIENTO OF SAN DIEGO. 201 

with about a dozen companions started out to take 
possession of the presidio and garrison. Doubtless by 
a previous understanding with the soldiers, no resist- 
ance was made, though the forms of a surprise were 
gone through, the arms and barracks secured, and the 
officers placed under arrest. 37 

Next day the soldiers gave in their adhesion to the 
plan readily enough, but the officers, especially captains 
Portilla and Argliello, showed considerable reluctance. 
They shared the feelings of the rebels against Victo- 
ria — so they said, Portilla perhaps not quite truth- 
full}' — but they felt that for military men in their 
position to engage in open rebellion against their 
comandante general was a serious matter. At first 
they declined to do more than remain neutral under 
arrest; but finally they were induced to promise 
active cooperation on condition that Echeandia would 
accept the command. What part Echeandia had 
taken, if any, in the previous plottings cannot be 
known; but after much hesitation, real or pretended/ 8 
he consented to head the movement. The plan, 
slightly amended, was now made to embrace substan- 
tially the following points : the suspension of Victoria,, 
the vesting by the diputacion of the political and 
military command in separate persons, and the pro- 
visional resumption by Echeandia of both commands 
until such act of the diputacion or the decision of 
the national government. This pronunciamiento was 

37 Bandini says there were 14 men in the first revolutionary party. Pico 
names, besides the 3 signers, Ignacio, Juan, and Jose" Lopez; Abel Stearns; 
Juan Maria Marron; Andre's and Antonio Ibarra; Damaso and Gcrvasio Ali- 
pas; Juan Osuna; Silverio Rios; another citizen, and a cholo to carry ammu- 
nition. Pico says ho was deputed to arrest Capt. Argliello, whom he found 
at his house playing treailo with his wife and Alf. Valle. He begged pardon 
for the intrusion, presented his pistols, and marched the two oilicers away 
to join Capt. Portilla, who had been arrested by Bandini. Valle, Lo Pasatlo, 
MS., 3-5, like most of the California writers, mentions the arrest of himself 
and the rest, but gives no particulars. 

38 E. was a timid man, not inclined to revolutionary acts, and moreover 
not in good health; therefore his reluctance to assume the responsibility of 
such a movement; yet I hardly credit the statement of the Vallejos and 
others that he refused the command until forced by Carrillo's threats to 
accept it. 



202 RULE AND OVERTHROW OF VICTORIA. 

finally signed December 1st by Echeandia, the three 
original signers, and all the officials, whose names I 
give with a translation of the document. 39 The reader 

D9 PronuncAamiento de San Diego contra el Gefe Politico y Comandante Gen- 
era! de t 'a '/fornia, Don Manuel Victoria, en 20 de Noriembre y 1 de Dkinnbre 
de 1831, MS. Translation: 'Mexican citizens residing in the upper territory 
of the Californias. If the enterprise we undertake were intended to violate 
the provisions of the laws, if our acts in venturing to oppose the scandalous 
of the actual governor, D. Manuel Victoria, were guided by aims un- 
worthy of patriotic sentiments, then should we not only fear but know the 
fatal results to which we must be condemned. Such, however, not being 
the case, we, guided in the path of justice, animated by love of our soil, duly 
respecting the laws dictated by our supreme legislature, and enthusiastic for 
their support, find ourselves obliged, on account of the criminal abuse noted 
in the said chief, to adopt the measures here made known. We know that 
we proceed, not against the sup. govt or its magistrates, but, as we are deeply 
convinced, against an individual who violates the fundamental bases of our 
system, or in truth against a tyrant who has hypocritically deceived the 
supreme powers so as to reach the rank to which, without deserving it, he 
has been raised. The supreme being, master of our hearts, knows the pure 
sentiments with which we set out: love to country, respect for the laws, to 
obey them and make them obeyed, to banish the abuses which with acceler- 
ated steps the actual ruler is committing against the liberal system. Such 
are the objects which we call pure sentiments and in accordance with public 
right. We will maintain this before the national sovereignty, and time will 
bear witness against what the breaker of laws chooses to call sedition. From 
the sentiments indicated may be clearly deduced the patriotic spirit which 
directs us to the proceeding this day begun; and at the thought that such 
sentiments are entertained by the people of Alta California, there is generated 
within us a complete conviction that our indispensable action will be sup- 
ported and therefore sustained by all who live in this unfortunate country. 
As for the military officers in actual service, opposition is naturally to be ex- 
pected from them to our plan, and we must allow them at first this unfavor- 
able opinion demanded by their profession; but not so later, when they shall 
have fully learned the wise and beneficent intentions with which we act; for 
they also, as Mexican citizens, are in duty bound to maintain inviolate the 
code to which we have all sworn. We believe that your minds are ever 
decided in favor of the preservation of society, and your arms to be ready in 
the service of whoever may assure happiness, and in support of the laws 
which promulgate its representation. You are assured of the contrary spirit 
shown by the chief authority of this California, and we begin, in manifesting 
his criminal acts, with the infraction committed against the territorial repre- 
sentation, which has been suppressed on pretexts which confirm his absolu- 
tism, though you voted for the members to be the areas of your confidence; 
the total suppression of the ayuntamiento of Sta Barbara; the shooting of 
several persons by his order at Monterey and S. Francisco, without the neces- 
sary precedent formalities prescribed by the laws; the expatriation suffered 
by the citizens Jose" Antonio Carrillo and Abel Stearns, without notification 
of the reasons demanding it; the scorn with which he has treated the most 
just demand which with legal proofs was presented by the very honorable 
pueblo of Los Angeles, leaving unpunished the public crimes of the present 
alcalde; and, not to weary you with further reflections of this nature, p. ease 
consider the attributes which he has assumed in the department of revenues, 
making himself its chief, with grave injury to the public funds. We trust 
that after you know our aims you will regard the removal of all these evils as 
the fluty of every citizen. W T c believe also that the public sentiment of the 
territory will never attempt to violate our rights, or still less provoke us to 



A WORDY PLAN. 203 

who may have the patience to examine this state pa- 
per, California's first pronunciamiento, if we except 
that of the convict Solis in 1829, will find in it a good 

make a defence foreign to our views ( !). The said ruler has not only shown him- 
self shameless in the violation of law, but has at the same time imperilled our 
security and interests by reason of his despotism and incapacity. You your- 
selves are experiencing the misfortunes that have happened during the short 
time of his management. For all these reasons, and with all obedience and 
subjection to the laws, we have proposed: 1st, To suspend the exercise of D. 
Manuel Victoria in all that relates to the command which he at present holds 
in this territory as comandante general. and gefe politico, for infraction and 
conspiracy against our sacred institutions, as we shall show by legal proofs. 
2d, That when at a fitting time the excelentisima diputacion territorial shall 
have met, the military and political command shall fall to distinct persons as 
the laws of both jurisdictions provide, until the supreme resolution. These 
two objects, so just for the reasons given, are those which demand attention 
from the true patriot. Then let the rights of the citizen be born anew; let 
liberty spring up from the ashes of oppression, and perish the despotism that 
has suffocated our security. Yes, citizens; love to country and observance of 
the laws prescribed and approved by our supreme powers are the fundamental 
basis on which we travel. Property is respected; likewise the duty of each 
citizen. Our diputacion territorial will work, and will take all the steps con- 
ducive to the good of society; but we beg that body that it make no innova- 
tion whatever in the matter of the missions, respecting their communities 
and property, since our object is confined solely to the two articles as stated. 
To the sup. govt belongs exclusively the power to dictate what it may deem 
proper on this subject, and it promises to the padres to observe respect, 
decorum, and security of the property intrusted to their care. Thus we 
sign it, and we hope for indulgence in consideration of our rights and justice. 
Presidio of San Diego, Nov. 29, 1831. Pio Pico, Juan Bandini, Jos6 Antonio 
Carrillo. 

'We, Capt. Pablo de la Portilla, etc. [see names at end], acquainted with 
the preceding plan signed by [names as before, with titles], according to which 
the people of this place surprised the small garrison of this plaza on the night 
of Nov. 29th, consider it founded on our natural right, since it is known to us 
in all evidence that the gefe politico and comandante general of the terri- 
tory, Don Manuel Victoria, has infringed our federal constitution and laws in 
that part relating to individual security and popular representation; and we 
find ourselves not in a position to be heard with the promptness our rights 
demand by the supreme powers of the nation, which might order the suspen- 
sion which is effected in the plan if they could see and prove the accusations 
which give rise to so many complaints. But at the same time, in order to se- 
cure in the enterprise the best order, and a path which may not lead us away 
from the only object proposed, we choose and proclaim lieut-col. of engi- 
neers, citizen Jose" Maria de Echeandfa, to re-assume the command, political 
and military, of the territory, which this very year he gave up to the said Sr 
Victoria — this until the supreme government may resolve after the proper 
correspondence, or until, the diputacion being assembled, distinct persons 
may in legal form take charge of the two commands. And the said chief 
having appeared at our invitation, and being informed on the subject, he de- 
cided to serve in both capacities as stated, protesting, however, that he does it 
solely in support of public liberty according to the system which he has sworn, 
cooperation for the best order, and submission to the supreme powers of the 
nation. Thus, all being said publicly, and the proclamation in favor of Sr 
Echeandia being general, he began immediately to discharge the duties of 
the command. And in token thereof we sign together with said chief — both 
the promoters of the plan who signed it and we who have seconded it — to- 



204 RULE A\D OVERTHROW OF VICTORIA. 

many words. It was apparently the production of 
Juan Bandini. 

In a day or two the pronunciados, with about fifty 
men under Portilla, set out northward, Argiiello be- 
ing left behind in command of San Dieofo. The lit- 
tie annv arrived at Los Angeles December 4th, learn- 
ing now, or perhaps the day before, that Victoria was 
approaching from the north and was not far distant. 
Of occurrences at the pueblo since the imprisonment 
of eight citizens by Alcalde Sanchez at Victoria's or- 
der, as already related, we know very little; but it 
would seem that there had been further trouble, 
and that more citizens, perhaps many more, had been 
added to the eight in jail, Andres Pico being one 
of the new victims. The captives were at once set 
free b}^ the San Diegans, and the obnoxious al- 
calde, Vicente Sanchez, was in turn put in irons. 
The Angelinos accepted the plan with great enthusi- 
asm, and next morning the rebel army, probably num- 
bering about one hundred and fifty, marched out to 
meet Victoria, who at the same time started with 
about thirty men from San Fernando. 

The date of Victoria's departure from Monterey is 
unknown, as are his motives, and most details respect- 
ing his southward march. He must have started be- 
fore the proceedings of November 20th could have 
been known at the capital; but he probably was 
warned of prospective troubles by letters from south- 
ern friends. 40 Full of confidence as usual in his abil- 

day between 11 and 12 o'clock, on Dec. 1, 1831. Jose Maria Echeandfa, Pio 
Pico, Juan Bandini, Jose Antonio Carrillo, Pablo de la Portilla, Santiago Ar- 
giiello, Jose" Maria Ramirez, Ignacio del Vallc, Juan Jose" Rocha, and as com- 
andante of the artillery detachment, Sergt Andres Cervantes.' 

40 David Spence, Hist. Notes, MS., Robinson, Life in Cal, 118-21, and 
Tuthill, Hist. Cal. , 131-4, state that Portilla was the man who warned Victoria, 
urging him to come south, and promising the support of his company, but 
treacherously joining the rebels and leading them against the man he had 
agreed to defend. I think there was some truth in this charge. That is, 
Portilla was ;i .Mexican officer in command of a Mexican company, and natu- 
rally a partisan of Victoria rather than of the Californians. He had a per- 
fect right to warn the comandante, and very likely did so, intending to sup- 
port him; but it would have required much more strength than he ever 
possessed to withstand the movement of Nov. 29th; and the indications are 



THE GOVERNOR MARCHES AGAINST THE REBELS. 



iiuo 



itv to restore order, the governor set out with Alferez 
Pliego and ten or twenty men, leaving Zamorano, his 
secretary, in command at Monterey. Even on arriving 
at Santa Barbara he seems to have got no definite in- 
formation of the San Diesro movement; but he was with 
some difficulty persuaded by Guerra to increase his 
little force before going to Los Angeles, and was ac- 
cordingly joined by Captain Romualdo Pacheco and 
about a dozen soldiers. 41 His entire force w T as now 
not over thirty men, nearly all I suppose of the 
San Bias and Mazatlan companies. He expected no 
fight; but in case trouble should arise, he doubtless 
counted on the aid of Portilla and his Mazatecos. 
Before he reached San Fernando, however, messen- 
gers overtook him from Santa Barbara with definite 
news of the open revolt at San Diego, in letters from 
the rebel leaders to the Carrillo brothers, which by 
advice of Guerra they had forwarded to put him on 
his guard. 42 At San Fernando on December 4th, 
Padre Ibarra had not heard of the revolt at San 
Diego, and a messenger sent in haste to the pueblo 
brought back word from Alcalde Sanchez that at 
sunset there were no sisrns of revolution. Later in 
the evening, however, w r hen the revolutionists arrived 
from the south, releasing the prisoners and locking up 
Sanchez, a brother of the latter is said to have es- 
caped with the news to San Fernando. And thus next 
morning the hostile armies marched out from the 

that the captain was put in command on the march to Los Angeles mainly 
that he might be watched. Several Californians state that it was only by the 
vigilance and threats of Jos6 Antonio Carrillo that Portilla was kept from 
going over to the foe at the last. A contemptible weakness, rather than de- 
liberate treachery, was Portilla's fault; besides, as we shall see, the valiant 
commander and his men did no fighting when the hour of battle arrived. 

41 The widow Avila, Corns det'al. y MS., 29-30, states that provisions were 
prepared at her house for Victoria's march, and that he left Monterey at dawn 
with about 15 men. Gonzalez, Experiencias, MS., 29-30, and Ord, Ocurren- 
ciaSy MS., 48-9, speak from memory of Victoria's arrival at Sta Barbara. 
The latter says Guerra warned Pacheco to be careful. 'Cuidado! que 
aquellos son tercos; alii esta Jos6 Antonio Carrillo.' Spence says Victoria 
took 10 men from Monterey; Robinson, that he reached Sta Barbara with 20. 

42 Pico, Hist. Cal., MS., 35-40. Pico's narrative of the whole affair is 
remarkably accurate in every case where its accuracy can be tested, and is 
therefore worthy of some credit where no such test is possible. 



203 RULE AND OVERTHROW OF VICTORIA. 

pueblo and mission respectively, the smaller force 
starting earlier or moving more rapidly than the other, 
since they met only a few miles from Los Angeles in 
the direction of Cahuenga. 

Exactly what occurred at this unnamed battle-field 
on the forenoon of the 5th, so far as details are 
concerned, will never be known. The salient results 
were that two men, Captain Pacheco on the one side 
and Jose Maria Avila on the other, were killed. 
Victoria was severely wounded. Portilla's force re- 
treated to Los Angeles and to Los Nietos, and the 
governor was carried by his men to San Gabriel. 
After a careful study of all the testimony extant, I 
venture to present some additional particulars as 
worthy of credence. Portilla with his 150 men had 
halted on high ground to await Victoria's approach. 
Carrillo of the leading rebels was with the army; 
but Echeandia, Pico, and Bandini had remained be- 
hind. Victoria, approaching with his thirt} r soldiers, 
was urged by Pacheco not to risk an attack without 
reinforcements and additional preparations; but he 
promptly, perhaps insultingly, disregarded the cap- 
tain's counsels. 43 He was brave and hot-headed, he 
did not believe Portilla's Mazatecos would fiofht 
against their comrades, and he attached little im- 
portance to the citizen rebels. Riding up within 
speaking distance, the governor was commanded by 
Portilla to halt, and in reply peremptorily ordered 
Portilla to come over with his soldiers to support his 
commander and the legitimate authorities. Noting a 
disposition to parley rather than to obey his order, 
Victoria ordered his men to fire; and some shots were 
fired, perhaps over the heads of the foe, since nobody 
was hurt. Portilla and his men now ran away, per- 
haps after one discharge of their muskets, and the 
Angelinos followed them; but two or three of the 



43 Pio Pico, Osio, Mrs Ord, and others state that some sharp -words 
asfed between the two officers, Victoria implying that Pacheco -was moved 
y fear, and the latter indignantly repelling the taunt. 



BATTLE NEAR LOS ANGELES. 237 

latter — who had been. in the pueblo jail, had personal 
grievance against Victoria, and were ashamed of 
their companions' cowardice — made a dash against 
the foe before retreating. Jose Maria Avila was at 
the head of this party, and he first met Pacheco, 
whom he shot in the back with a pistol as the two 
horses were carried past each other by their impetus, 
after mutually parried thrusts of sword and lance by 
the respective riders. Pacheco fell dead with a bullet 
in his heart. 44 Avila now rushed upon Victoria; To- 
mas Talamantes was close behind him, and on the 
other side at least two soldiers defended the governor. 
Of the ensuing struggle, which probably did not 
last three minutes, it is not strange that there are 
many popular versions; but Victoria received sev- 
eral lance-wounds. A soldier was shot in the foot, 
Avila after a desperate resistance was unhorsed and 
killed, shot perhaps by one of the soldiers, 45 and 
Talamantes, the only one of the pronunciados except 
Avila who came into contact with the foe, escaped 
unhurt. Victoria's men attempted no pursuit, but 
bore the wounded governor to San Gabriel. Had 
it not been for his wounds, Victoria would have re- 

u For a biographical sketch of Romualdo Pacheco, see local annals of 
Sta Barbara later in this volume. 

45 Jos6 Maria Avila was a native of Sinaloa, who came when a boy with 
his parents, Cornelio Avila and Isabel Urquidcs, to Los Angeles. He was a 
wild and reckless fellow in his youth, but dashing and popular, noted for his 
skill in horsemanship. He amassed considerable property, and in 1825 was 
elected alcalde of Los Angeles, though suspended for a despotic exercise of 
power. On one occasion a citizen complained to Gov. Arguello that he had 
been arbitrarily imprisoned by the alcalde, who was called upon to explain, 
as he did in the following language: ' My motive for putting this person in 
jail was that I thought proper to do so; and because, besides that motive, I 
had other grounds, in the stating of which a good deal of time would be con- 
sumed; and since the man's complaint is only intended to take-up your wor- 
ship's time and mine, I close by stating that this is all I have to say, repeating 
myself obedient to your superior orders. ' Carrillo (J.), I)oc, MS., 17-20. 
Avila's late imprisonment by Sanchez at Victoria's order was the cause of his 
special wrath against the latter. Dona Inocencia Pico de Avila, Corns tie 
Cal., MS., 2S-30, says that Jose Maria had a light with one Nieto, and was 
condemned in consequence to a long imprisonment. He came to Monterey, 
staying at narrator's house, to induce Victoria to change the penalty to a 
fine; but the gov. refused, and Avila went back very angry, vowing ven- 
geance. As there is in the archives some reference to the troubles of Avila 
and Nieto, this story may bo accurate, though it is not clear how the former 
could have left the jail to visit Monterey on such business. 



203 RULE AND OVERTHROW OF VICTORIA. 

taken Los Angeles without difficulty; and it is by 
no means unlikely that he would have crushed the 
rebellion altogether. Avila and Talamantes had de- 
posed the governor of California; and others had con- 
tributed nothing more potent than words. 46 

46 It would serve no good purpose to present variations of testimony on 
each point of this affair, which would be pretty much equivalent to giving 
seven eighths of the narratives in full; but I append some items from various 
sources, interesting for one reason or another. The narrative of Juan Avila, 
nephew of Jos6 Maria, is worthy of especial notice as the testimony of an eye- 
witness who is also a well known and respected man. He watched the con- 
flict from a little distance, having been advised by his uncle to take no active 
part. He, like one or two others, thinks that V. had advanced to Cahuenga 
the night before. He designates the battle-ground as the Lomitas dc la 
Canada de Breita. His version of the fight agrees in general with that in my 
text, except that he says nothing of Talamantes, and states that Portilla's 
men fired first. His details after Pacheco's fall are as follows: Avila rushed 
among the soldiers in search of V., whom he gave a lance-thrust in the side, 
nnhorsing him, but when about to repeat the blow was shot in the spine by 
the Mazateco Leandro Morales, and was himself unhorsed. Pedro Guerrero 
rushed up to kill him, but A. shot him in the knee with his remaining pistol. 
V. was so near that A. , struggling on the ground, was able to grasp his foot 
and throw him; but he rose again and killed A. with his sword. Avila, 
Notas, MS., 11-15. Osio, Hist. Cal., MS., 17S-S9, gives a very full narrative. 
His presentment of Portilla's grief at seeing the brave Mazatecos drawn up in 
"battle array against each other, of his fear that all V. 's men must inevitably be 
killed in a bad cause, his orders to fire the first shot in the air, and the inter- 
position of providence in the interest of an cconomia de sangre, is — thou ah 
given in sober earnest — amusingly absurd. Osio's account of the fight agrees for 
the most part with the preceding, but he says that V. got one of his wounds 
from Talamantes. He also mentions the absurd actions of a drunken man, 
Francisco Sepulveda, who came up at the last moment. This writer gives the 
impression that firing had continued, that the pers<ftial conflicts had taken 
place in a shower of bullets, and that the rebels retreated only after the fall 
of Avila. He is very severe in his remarks on their cowardice. Pio Pico. 
Hist. Gal., MS., 35-40, states that Jose Antonio Carrillo warded off Pacheco's 
sword-thrust with his musket, and mentions Talamantes' services. Bandini, 
Hist. Cal., MS., 75-6, gives no particulars, but states that V. opened the fire 
without consenting to give or receive explanations. In a letter written a few 
days later, Echeandia says: On Dec. 5th the citizens of Los Angeles 'pro- 
nounced with their ayuntamiento for the said plan, promising gladly to 
sacrifice their lives and interests in its support. This promise they kept and 
arc keeping, for that same day Victoria, whom we supposed. in Monterey, pre- 
sented himself in the vicinity of the pueblo, and, without accepting any 
arrangement or even discussion, opened fire, thinking to subject them; but in 
vain, because, anxious for their liberty, they gave themselves up to death, and 
succeeded in putting Victoria on the brink of death, since seriously wounded 
he retired his force to this mission.' Vallcjo, Doc, MS., i. 245, xxx. 270. 
Valle, Lo Pasado, MS., 3-5, says it was Guerrero who killed Avila. Mrs 
Ord, Ocurrencias, MS., 49-50, soys the report brought to Sta Barbara was that 
Avila was wounded by Pacheco, wounded Victoria, and was killed by Isidoro 
Ibarra. Machado, Tiempos Pasados, MS., 27-8, calls the place of the fight 
Arroyo Seco. Amador, Mem. , MS. , 135-G, had heard from Francisco Alviso, an 
eye-witness, that it was Victoria who shot Avila. Manuel Castro, Pel, MS., 
25-9, tells us that Avila went out by permission of the rebel leaders to fight 
single-handed with Pacheco and Victoria! Steven C. Foster, S. Jose Pioneer ', 



SURRENDER OF VICTORIA. 209 

There is little more to be said of the revolution or 
other events of 1831, Some citizens who took no 
part in the fight carried the bodies of Pacheco and 
Avila to the pueblo, where funeral services were per- 
formed next day. The fugitive residents had recov- 
ered from their fright and returned to their homes, 
while Echeandia with a part of Portilla's veterans had 
also come to town from tjie camp at Los Nietos. 
The wounded governor lay at San Gabriel, in danger 
of death, as was thought, tended by Joseph Chapman 
as amateur surgeon, and by Eulalia Perez as nurse, if 
we may credit the old lady's statement. 47 His men, 
with two or three exceptions, had adhered to the plan 
or did so very soon; there was no possibility of fur- 
ther resistance; and this very day, December Gth, it is 
probable that he entered into negotiations through 
messengers with Echeandia, and made a formal sur- 
render. 43 On the 9th he had an interview with Eche- 
andia at the mission, at which he asked to be sent to 
Mexico, promising to interfere no more in the affairs 
of California. The general consented ; and on the same 
day wrote and despatched to the north several letters, 
all of similar purport, in which he narrated all that 
had occurred, explained his own connection with the 
revolution, and summoned the diputacion to assemble 
immediately at Los Angeles to decide according 
to the plan on the persons to be intrusted with the 
political and military command. 49 

July 28, 1877, states that when the bodies were found, 'Avila still grasped 
the lance-staff with a death-grip, while the point had been driven through 
Pacheco's body,' giving other inaccurate particulars. Many of the Califor- 
nians in their narratives simply state that there was a battle and Victoria was 
wounded, and others say there was only a personal combat between Avila, 
Pacheco, and Victoria. 

47 Perez, Recuerdos, MS., 22. She says the most serious wound was in the 
head, under the eye. Osio says that Charles Anderson was summoned with 
medicines from S. Pedro. From later letters of V. himself it appears that 
by the end of Dec. a troublesome discharge of blood from nose and mouth had 
ceased, and all his wounds had healed except one in the chest, which caused 
him much trouble even after his arrival in Mexico. He had also many con- 
tusions which were painful. Guerra, Doc, MS., iv. 180-3. 

48 Bandini and Pico say there was a surrender on that day. 

49 E. from S. Gabriel Dec. 9th to ValJejo, and to the aynnt. of S. Josj and 
Monterey, in Vallejo, Doc, MS., i. 245; xxx. 27G; Dept. St. Pup., MS., iii. 

Eist. Cal., Vol. III. U 



210 RULE AND OVERTHROW OF VICTORIA. 

About December 20th, Victoria left San Gabriel. 50 
On his way south he spent some days at San Luis 
Rey with Padre Antonio Peyri, who decided to leave 
California with the fallen governor. Meanwhile Juan 
Bandini at San Diego made a contract with John 
Bradshaw and Supercargo Thomas Shaw of the Amer- 
ican ship Pocahontas to carry Victoria to Mazatlan 
for 61, GOO in silver, to be paid before setting sail; 51 
and the exile, arriving on the 27th, went immediately 
on board the ship, which did not sail, however, for 
twenty days. I have before me an autograph letter 
addressed by Victoria to Captain Guerra on the 31st 
from on board the Pocahontas still in port, 52 in which 
he expresses confidence that his own acts will meet 
the approval of the national government, and that re- 
lief for the ills that afflict California will not be lon«f 
delayed. His wounds were rapidly healing, and but 
for grief at the fate of his compadre Pacheco and the 
bereavement of the widow, he would be a happy man. 
He urged Guerra to keep his friends the Carrillos if 
possible from accepting the new plan. The vessel 
sailed on January 17, 1832, with Victoria and two 
servants, Padre Peyri and several neophyte boys, and 
Alferez Podrigo del Pliego. 53 On February 5th, hav- 

20-1; St. Pap., Sac, MS., xii. 9. He seems to propose also that the different 
comandantes should select a comandante general to act temporarily. 

60 Dec. 21st, Echeandia from Los Angeles announces that V. has already- 
started for S. Diego to embark. Dept. St. Pap., S. Jose, MS., iv. 94; Vallcjo, 
Doc., MS., i. 251. 

51 I have the original contract approved by E. on Dec. 27th, with the corre- 
spondence of E., Bandini, and Stearns on the subject, in Bandini, Doc, MS., 
18-24, 27-30. See also Ley. Rec, MS., i. 194, 211, 297-8. The money— re- 
duced to $1,500 by the fact that Pliego paid $100 for his own passage — was 
borrowed from foreigners and other private individuals, except a small sum 
obtained from the Los Angeles municipal funds. Stearns acted as agent to 
obtain the money, and E. and Bandini became responsible for its re-payment. 
It was paid over to Bradshaw on Jan. 11th. Iu February the dip. assumed 
the debt, but asked for time, greatly to Bandini's annoyance. Of the final 
settlement I know only that in Sept. 1834, Bandini acknowledged the re- 
ceipt of $300 from the ayunt. of Angeles on this account. Dept. St. Pap., 
Angeles, MS., i. 148. 

M I>oc. J list. CaL, MS., iv. 925-7. 

53 References to embarkation of the passengers and sailing of the Poca- 
hontas in Bandini, Doc. Hist. Cat., MS., 1S-30; Id., 1IU. CaL, MS., 70-7; 
8. Josi Arch., MS., v. 40; Vallejo, Doc, MS., i. 254; xxx. 2SG, 290; Guerra, 
Doc, MS., iv. 180-1; Dept. St. Pap., MS., iii. 21-2. There was a report 



EXILE OF VICTORIA. 211 

inof reached San Bias, Victoria wrote a letter to the 
Mexican authorities, in which, having told over again 
the events of the past year, he proceeded to explain the 
plans of Echeandia and the plotting diputacion. The 
result must inevitably be the utter ruin, not only of 
the missions, but of all. the interests of California, 
and there was great danger of an attempt to separate 
the territory from Mexico. 5 * July 10, 1832, he wrote 
again from Mexico to Guerra, stating that the gov- 
ernment had at first intended to send him back to 
California, but had changed that plan. The wound 
in his chest still made his life miserable. He spoke 
of his strict obedience, of his patriotism, and his sac- 
rifices; and predicted that "the wicked are not to 
prevail forever;" but he admitted having "committed 
the fault of not knowing how to satisfy political pas- 
sions or to act in accordance with party spirit." 55 

At the time of writing the letter just referred to, 
Victoria was about to start for Acapulco, where he 
was on March 9, 1833; and that is the last I know of 
him. I append no biographical sketch, because all 

current in Mexico that V. had been shipped on the schooner Sta Bdrbar t, 
in the hope that she would be wrecked. Alaman, Sucesos do. Gal. en 1831 ', 
MS. For a biographical sketch of Padre Antonio Peyri, see the local annals 
of S. Luis Key in a later chapter of this volume. Rodrigo del Pliego came to 
Cal. in 1825, his commission as alf^rez bearing date of Dec. 21, 1824. lie had 
previously served in the Tulancingo dragoons, being retired as alf6rez of ur- 
banos in Dec. 1821. He was attached to the Monterey company from the 
time of his arrival until August 1827; and then transferred to the Sta Bar- 
bara company. He commanded a squad of the San Bias infantry company in 
182G-7; made two minor expeditions against the Indians while at Sta Bar- 
bara in 1828; and commanded 18 men of the S. Diego company in 1830 at the 
time of the Solis revolt. He returned to Monterey with Victoria in Jan. 
1831, or a few months earlier; and served as prosecutor or defender in some 
of the celebrated cases under V.'s rule. Hoja de servicios, in Dept. St. Pap., 
Ben. Mil., MS., lxxi. 18-20. In 1834 he seems to have been promoted in 
Mexico to the command of the Sta Barbara company, but never returned to 
Cal. Id., lxxix. 83. In 1828 he had been declared incompetent and ordered 
by the min. of war to return to Mex. Dept. lice, MS., vi. 12. Pliego was 
detested by the Californians, apparently without exception, as a cowardly 
sycophant. Xo one credits him with any good quality; the official records 
throw no light on his personal character; and the only thing to be said in his 
favor is that the Californians, being bitterly prejudiced against him and his 
friends, may have exaggerated his faults. 

51 Alaman, Sucenos, MS. 

™ Guerra, Doc, MS., iv. 183-4. Tuthill, Hist. Cal, 131-2, tells us that 
Victoria retired to a cloister. Robinson implies the same. Alex. S. Taylor 
somewhere says he died in 18G8 or 1SG9. 



212 RULE AXD OVERTHROW OF VICTORIA. 

that is known of him is contained in this chapter. 
The Californians as a rule have nothing to say in his 
favor; but the reader knows how far the popular pre- 
judice was founded in justice. I have already ex- 
pressed the opinion that under ordinary circumstances 
Victoria would have been one of California's best 
riders. 56 

Of political events in the south in 1831, after Vic- 
toria's abdication, there is nothing to be recorded, 
except that Echeandia held the command, both polit- 
ical and military, and all were waiting for the diputa- 
cion to assemble early in January. In the north the 
news of the revolutionary success arrived about the 
middle of December. San Francisco on the 19th, San 
Jose on the 2 2d, and Monterey on the 26th, went 
through the forms of adhesion to the San Diego plan. 57 

56 The narratives furnished me by Californians, touching more or less fully 
on V.'s rule, overthrow, and character — most of which I have already cited 
on special points — are as follows: Osio, Hist. CaL, MS., 160-89; Pico, Hist. 
Cal., MS., 24-40; Vallejo, Hist. CaL, MS., ii. 136-59; Alvarado, Hist. CaL, 
MS.,ii. 161-83; iii. 7-8,48-50; iv.81; Bandini, Hist. CaL, MS.. 72-7; Amador, 
Mem., MS., 122-8, 135-C; Avila, CosasdeCaL, MS., 28-31; Id., Notas, 11- 
15; Bee, Recoil., MS., 2-3; Boronda, Notas, MS., 1G-17; Castro, Be'., MS., 
23-9; Fernandez, Cosas, MS., G4-6; Gonzalez, Exper., MS., 29-30; Gcdindo, 
Apuntes, MS., 16-21; Larios, Convulsiones, MS., 11-13; Lnno, Yida, MS., 
14-1G; Machado, Tiempos, MS., 26-8; Ord, Ocurrencias, MS., 38-50; Perez, 
Becuerdos, MS., 22; Pico, AconL, MS., 18-23; Binto, Apunt., MS., 6-9; 
Rodriguez, Statement, MS., 7; Sanchez, Notas, MS., 7-8; Torre, L'eminis., 
MS., 22-30; Vcddes, Mem., MS., 21; Voile, Lo Pasado, MS., 3-5; Yallejo, 
Beminis., MS., 109-14; Weeks' Beminis., MS., 73-4. 

General accounts narrating briefly the events of V.'s rule, in Marsh's Let- 
ter to Com. Jones, MS., 4-5; Robinson's Life in CaL, 118-21; Petit-Thowtrs, 
Voy., ii. 91; Winces' Narr., U. S. Explor. Ex., v. 174; Mofras, Exploration, 
i. 294; Tuthill's Hist. CaL, 131-4, and Los Angeles, Hist., 13. Mr Warner in 
the last work makes the revolution a local event of Los Angeles annals. 
These different writers speak favorably or unfavorably of V. according to the 
sources of their information, or to their bias for or against the padres and 
Jose" de la Guerra on one side and the Bandini-Pico-Vallejo faction on the 
other. Tuthill seems to have taken the versions of Spence and- Stearns in 
about equal parts. Mofras speaks very highly of Victoria, because of his dis- 
like for the Vallejo party. The version of llobinson, a son-in-law of Guerra, 
has been most widely followed. 

" Leg. Bee. , MS. , i. 348-9; Monterey, Actos del Ayunt., MS., 42-3. Vallejo, 
Sanchez, and Pefia signed at S. V. ; Leandro Florea for S. Jos<?; and Buelna 
and Castro for the Monterey ayunt. Juan Higuera and Antonio Castro, of 
the ayunt., declined on Dec. 25th to approve the plan; but Castro changed his 
mind next day, Higuera still needing more time to think it over. At Sta. 
Barbara the plan was signed on Jan. 1, 1S32, by Rafael Gonzalez, Miguel 
Valencia, and J use Maria Garcia; and it was approved by the ayunt. of Los 



NORTHERN SENTIMENT. 213 

At least certain officials, civil and military, are made 
to appear in the legislative records of the next year 
as having signed the plan, with remarks of approba- 
tion on the dates mentioned. Rafael Gomez, the 
asesor, apprehensive of personal danger to himself as 
a partisan of Victoria, went on board the Russian 
bark Urup and tried to induce the captain to carry 
him to Sitka; but as he had no passport, his request 
was denied and he was set on shore at San Francisco. 5S 
The northern members, Vallejo and others, with Sec- 
retary Alvarado, started late in December for the 
south in response to Echeandia's summons to be pres- 
ent at the meeting of the diputacion. 

Minor local events, with general remarks on such 
institutions and topics as are not very closely connected 
with or necessary to a full understanding of general 
annals, I propose to present once for all for the whole 
period of 1831-40, at the end of this volume. An- 
other class of general topics, more purely historical in 
their nature, and more readily adapting themselves to 
chronological treatment, such as mission affairs, com- 
merce, foreign relations, and Indian affairs, I shall 
group as before in chapters covering each a period of 
five years, 59 deeming this arrangement a much more 
satisfactory and convenient one for the reader than 
would be a more minute chronological subdivision. I 
shall of course refer to these topics as often and as 
fully as may be necessary to illustrate the annals of 
any particular year; but for 1831 I find no need for 
such reference, beyond what I have already said of 



Angeles on Jan. 7th. Id. The pronunciamiento of S. F., Dec. 19th, is given 
in Vallejo, Doc, MS., i. 248. Next day the artillery company recognized 
Ecbeandi'a. Id. , i. 250. Vallejo, Hist. Cal., MS., ii. 152-3, claims to have 
started for the south with a small force in response to a letter from J. A. Car- 
rillo, before he heard of Victoria's downfall. 

58 Certificate dated Dec. 22d, and signed by Zarembo, Khldbnikof, and 
Shelikof, in Vallejo, Doc, MS., i. 310; Alvarado, Hist. Cal., MS., ii. 181, 
implies that there were others besides Gomez who attempted to escape. 

i9 For the period from 1831-5, see chapters xi.-xiv., this vol.; and for 
183G-40, see vol. iv. 



214 RULE AND OVERTHROW OF VICTORIA. 

secularization to show the cause of the popular feeling 
against Victoria. 

In addition, however, to what I have written about 
the occurrences of 1831 in California, there remains 
something to be said of what was beinsr done in Mex- 
ico for California, that is, of the labors of Carlos Car- 
rillo, who had been elected in October 1830 to repre- 
sent the territory in congress. 60 Don Carlos reached 
Mexico in April 1831, after a flattering reception at 
San Bias and at other points on the way, and he was 
somewhat active in behalf of his constituents, in com- 
parison at least with his predecessors, so far as we 
may judge from his own letters. 61 He may be re- 
garded as the representative rather of Captain Jose 
de la Guerra than of the Californians, acting largely 
on that gentleman's advice; but it would have been 
difficult to choose a wiser counsellor. Carrillo com- 
plained to the national government of the arbitrary 
and unwise acts of the rulers sent to California, result- 
ing to a great extent from the distance of the terri- 
tory from Mexico. His proposed remedy was the 
separation of the political and military power, which 
should be vested in two persons, and his views on 
this subject met with some encouragement from the 
president and ministers, who even broached to Don 
Carlos the expediency of accepting for himself the 
civil command. California's urgent need for an or- 
ganic law T was presented, as also the necessity of estab- 
lishing courts of justice, and regulating the adminis- 
tration of finance. It was complained, moreover, that 
a great injustice had been done in the promotion of 
Mexican officers like Zamorano and Pacbeco to cap- 
taincies over the heads of Californians who had grown 
gray in the service. Carrillo requested the territorial 
diputacion to petition congress for the reforms for 

60 See p. 50, this vol., for his election. 

G1 Carrillo, Cartas del Diputado de laAlta California,- 1831-2, MS. There 
are 14 letters in this interesting collection, besides several of other years, all 
to his brother-in-law, Guerra. 



CARRILLO IN CONGRESS. 215 

which he was working, including the appointment, or 
rather paying, of two competent teachers. 62 

Carrillo was a stanch partisan of the missionaries 
in these clays, reflecting in that respect as others the 
sentiments of his brother-in-law, and therefore a large 
part of his correspondence was devoted to topics else- 
where treated. To the missions also was devoted, or 
to a closely allied matter, his exposition on the pious 
fund; 63 but this document merits at least a mention 
here, not only as containing a somewhat fair present- 
ment of the country's general condition and needs, 
but as the first production of a Californian writer which 
was ever printed in form of book or pamphlet. Don 
Carlos was an enthusiastic admirer of his native prov- 
ince, with great ideas of its destiny under proper 
management. He thought he was rapidly communi- 
cating his enthusiasm to the Mexican authorities, and 
on the point of success with his proposed reforms. 
Perhaps he was disposed to exaggerate his success; 
for the only evidences I find of Mexican attention to 
California at this time are a few slight mentions of 
statistical or financial matters in the regular reports 
of the departments. 64 

e2 Dept. St. Pap., MS., iii. 169. ^ 

e3 Carrillo, Exposition dirigida d la Cdmara de Diputados del Congreso de 
la Union por El Sr D. C&tos Antonio Carrillo, Dijmtado por la Alta California. 
Sobre Arregloy Adminiaii acion del Fondo Piudoso. Mexico, 1831. 8vo. 1G p. 
Dated Sept. 15, 1831. This copy of a very rare pamphlet, the only copy I 
have ever seen, was presented to me in 1878 by Dona Dolores Domingucz, 
widow of Jose Carrillo, a son of the author. It has some slight corrections in 
ink, probably by the author or by Guerra. 

64 Mexico, Mem. Relaciones, 1832, p. 25, and annex, i. p. 11; Id., Hacienda 
1832, annex. M. 



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 Cap- 
ital — The News at San Diego — Sessions of the Diputacion — Los 
Angeles Deserts Echeandia — Warlike Preparations — Ibarra at 
Angeles — Barroso at Paso de Bartolo — Indians Armed — Compact 
between Echeandia 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 — Jose Figueroa Appointed — Instructions — 
Mishaps of a Journey — Mutiny at Cape San Lucas — Waiting for 
a Ruler. 

The diputacion met at Los Angeles January 10, 
1832. 1 Two subjects demanded and obtained almost 
exclusively the attention of this body, the vocales 
present being Pico, Vallejo, Osio, Ortega, and Ar- 
pliello, with Yorba later and Alvarado as secretary. 
The first duty was a proper presentment of charges 
against Ex-governor Victoria, as a defence of the late 
revolutionary movement; and the second was to name 
a gefe politico ad interim in accordance with the plan 
indorsed by the leaders of that movement. I append 
an abstract of proceedings at the meetings held in 
January and February. 2 So far as the action against 

1 Echeandia had on Jan. 5th sent out copies of the pronunciamiento of S. 
Diego, with remarks in defence of that document, concluding by asking the 
eomandantes' opinion on the provisional command. Vallejo, Doc, MS., i. 

. 

2 Session of Jan. 10th, dip. met in the casa consistorial; the oath was 
administered by Alcalde Dominguez; and Pio Pico, assuming the presidency 

(210) 



DIPUTACION IN SESSION". 217 

Victoria is concerned, I need add nothing to the al> 
stract, because the whole matter has been exhausted 
in the preceding chapter. 

In the matter of choosing a political chief trouble 
arose unexpectedly. The action of the diputacion in 
tfiis respect had been very clearly marked out in the 

as senior vocal, made a brief and modest address, congratulating the mem- 
bers on their meeting to act for the country's interests after having been for a 
year prevented from exercising their rights by the tyranny of Victoria. He 
made the customary admission of his own' un worthiness, etc., and asked the 
aid of his associates in behalf of Cal. Pico's views having been approved, 
committees were appointed, credentials examined, etc. In the afternoon, 
Echeandfa's summons to the members, dated Dec. 9th, was read. (p. 173-8.) 
Jan. 11 tli, after long discussion, in which the various charges were specified, 
it was unanimously voted to confirm, or approve, the suspension of Victoria; 
and Vallejo and Argiiello were named as a committee to prepare a formal 
rxpediente, on the subject for the sup. govt. Then on motion of Vallejo the 
diputacion proceeded in accordance with E. 's summons to choose a tem- 
porary gefe politico, and it was decided according to the law of May 6, 
1822, that Pico as senior vocal was entitled to the office. This action was to 
be sent to E. for circulation. Voted, that according to the Mex. law, the sub- 
comisario, Juan Bandini, was entitled to a seat. Voted to continue the ses- 
sions at Angeles and not at S. Diego; but E. was to be invited to be present. 
Voted, as to the military command, that E. should notify the different offi- 
cers to choose a temporary comandante general, (p. 178-83.) Jan. 12th, 13th, 
14th, 17th, 18th, routine progress by the committee on charges against 
Victoria; Suplente Yorba takes the oath and his seat; Ortega and Osio named 
as a committee to prepare a manifestation to the public; Vallejo granted 
leave of absence for ten days to visit S. Diego, (p. 183-5.) Los Angeles 
municipal accounts also considered in extra sessions of Jan. 14th, 17th, 23d, 
27th. (p. 352-4.) Yorba's oath also in Los Angeles, Arch., MS., iv. 4G-7. 
Jan. 17th, Ortega and Osio to Echeandia. Dept. St. Pap., MS., iii. 23. 
Jan. 23d, three letters received from the gefe politico provisional, Echeandia, 
in which he announced Victoria's departure; asked for records of the earlier 
sessions; and declared it impossible to leave his troops and come to Los 
Angeles. Jan. 26th-27th, on the 26th, Vallejo proposed that the oath be 
administered at once to Pico according to the law of Sept. 30, 1823; and as 
all approved, ' without waiting for a discourse offered by Echeandia' (?), the 
oath was administered by Vallejo, and Pico was formally declared gefe poli- 
tico interino, the corresponding report being sent to E. and all territorial 
authorities. Argiiello thereupon made a speech, congratulating all on the 
arrival of the happy day when Cal. was ruled by one of her native sons; and 
Pico replied in fitting terms, (p. 18G-9.) Pico, Hist. Cal., MS., 41-2, states 
that when the oath was administered the necessary church utensils were 
lacking, and the padre refused the keys of the church, whereupon J. B. Alva- 
rado entered the church by a skylight for the missing articles, and the oath 
was administered at the church door. Jan. 31st and Feb. 1st, E. writes to 
Pico acknowledging receipt of actas of Jan. 10th and 26th-27th, giving some 
advice respecting the policy of the new gefe, and expressing some dissatis- 
faction with Pico's appointment. Dept. St. Pap., MS., iii. 27-38. Feb. 3d, 
a letter was received from Bandini, and the matter of his taking a seat it 
was decided to refer to the sup. govt. Letters from Echeandia were intro- 
duced (those referred to above), in which, with some suggestions on policy, 
powers, etc., he complains of having been 'violently,' or hastily, deprived of 
the office of gefe politico. Osio and Yorba were named as a committee to 
report on the suggestions, relating among other things to pay of a secretary, 



218 AN INTERREGNUM— ECHEANDIA AND ZAMORANO. 

plan of San Diego and in Echeanch'a's summons to the 
members, and accordingly on January 11th Pio Pico, 
the senior vocal, was chosen to fill the position. 
Echeandia was duly notified, and at first expressed no 
dissatisfaction, though he seems to have wished the 
uiputacion to adjourn to meet in the south, while that 

etc. ; and as to the complaints, it was decided that action had not been at all 
hasty or irregular, nor had it been necessary to wait for the presence of E. 
before swearing in Pico. Ortega was named to report on efforts to obtain 
from Mexico a constitution or organic law for California. Communications 
were also received from Bandini about the cost of Victoria's passage to S,. 
Bias. This debt of $1,500 was assumed in the session of Feb. 4th. (p. 189- 
95.) In extra or secret sessions of Jan. 24th, 30th, Feb. 3d, Cth, the date 
and place of annual meetings were discussed without any definite conclusion. 
There was also some slight clashing between Pico and the rest, P. declaring 
that it was his place to direct the junta and not to be directed by it. (p. 
352-5.) Feb. 10th, on motion of Ortega, Echeandia was again requested to 
proclaim, as soon as possible, the accession of Pico to the office of gefe, and 
to cease exercising political power himself; it was also ordered that the new 
gefe should have jurisdiction at once in those places where the civil authority 
was established, except at S. Francisco, Sta Barbara, and S. Diego, which 
places were to be within the jurisdiction of the comandante general, until 
such time as the civil authority might be regularly organized and the neces- 
sity for military rule removed, (p. 196-7.) It seems that on Feb. 3d E. had 
objected to P.'s appointment in a communication, either to the dip. or to the 
ayuntamiento, to which latter body he writes on Feb. Cth. Dept. St. Pap., 
MS., iii. 41. Feb. 11th, E. to P., in reply to note of 10th, asks by what right 
he has taken the oath, the law of Sept. 30, 1S23, being anulled by art. 163 of 
the constitution. Id., iii. 39. Feb. Pith, the ayunt. and citizens of Los Ange- 
les held a meeting and formally declared that they would obey no other gefe 
politico than Echeandia. This action was confirmed on Feb. 19th, J. A. 
Carrillo and Jose Perez dissenting. Los Angeles, Arch., MS., iv. 50-3, 56-8; 
Dept. St. Pap., MS., iii. 39-40. Feb. 13th, the action of the ayunt. against 
P. was received through E. P. made rather a bitter speech, and proposed 
that E. himself be invited to go before the ayunt. to explain why P. had" been 
appointed according to the laws and to the plan of S. Diego; and also how 
insulting had been the action of the municipal body to the dip. and the laws. 
Ail but Yorba favored this, and the sending of a committee to reason with the 
ayunt. (p. 197-202.) Feb. 16th, a letter from E. was read, refusing to con- 
ply with the request of the dip. E. now declared the appointment illegal, 
because the military and political command could not be separated; there had 
not been 7 vocales present; some of them were related to Pico; and finally, P. 
was incompetent to perform the duties of the office. Still, rather than use 
force, he will give up the political command and hold the dip. responsible. 
P. in a very able speech refuted E. 's arguments, and claimed that, whatever 
his lack of talent, the people had chosen him as a vocal; but lie refused to 
attend any more meetings or accept the office of gefe politico until the dip. 
should vindicate its honor and freedom, and refuse to recognize E., who had 
evidently intrigued with the ayunt. against the territorial government. Va- 
llcjo followed with an argument against E.'s position, which he regarded as 
virtually a new pronunciamiento made with a view to keep for himself the 

Eolitical po\\cr. The speaker was, however, in favor of offering no resistance, 
ut of suspending the sessions and leaving the responsibility of the new 
revolution with E. and his friends. All except Yorba approved this view, 
and it was decided to adjourn next day, reporting this action and the reasons 
to E. and to the national govt. (p. 202-9.) E.'s protest against P.'s appoint- 



PICO DEFRAUDED OF THE GOVERNORSHIP. 219 

body desired him to come to Los Angeles. Each de- 
clined to yield, and the controversy may have been 
more bitter than is indicated in the records. At last, 
after waiting fifteen days, it was decided that the 
presence of the gefe provisional could be dispensed 
with, and on the 27th the oath of office was taken by 
Pico. Echeandia made no open opposition, but neg- 
lected to proclaim the change; and later, when the 
ayuntamiento of Los Angeles, doubtless at his insti- 
gation, refused on February 12th to recognize any 
gefe but Echeandia, the latter 7 openly declared Pico 
incompetent, his election illegal, and the action of the 
diputacion a wrong to himself. Rather than resort 
to force, however, he proposed on the 16th to surren- 
der the gefatura, holding the diputacion responsible 
for all disorders that might ensue. Echeandia's course 
can hardly be regarded otherwise than as contempti- 
ble and treacherous. Led by motives of personal 
ambition and personal resentment, he made use of his 
military power against the cause he had pretended to 
support. He may have been technically right in de- 
claring the action of the diputacion illegal; for it is 
doubtful if in a frontier territory like California the 
civil and military power could be even temporarily 
separated by the people, but he knew this perfectly 
when he signed the plan, which was the only law un- 
der which the revolutionists could pretend to act. 

Pico and his associates acted in a moderate and 
dignified manner at this juncture. The former de- 
ment, also in Dept. St. Pap., MS., iii. 42-3. Feb. 17th, Vallejo and Argi'ie- 
llo presented their expediente against Victoria, a long presentment of all the 
charges, with copies of many documents on the subject, all of which has been 
utilized in the preceding chapter. Some slight routine business was trans- 
acted, and then the dip. adjourned for the reasons stated in the session of 
Feb. 16th. (p. 209 11, 298-350.) On this subject I may note here that on 
Feb. Gth, E. had sent to Mexico a full statement of the charges against Vic- 
toria and the causes of the revolt. Alaman, Sucesos tie Col. en 1831, MS., p. 
23-9. Feb. 24th, at S. Diego the members of the dip., in forwarding to 
Mexico the expediente above alluded to, prefaced that document with a long 
statement of their late sessions at Los Angeles, of their efforts in behalf of 
their country, and of Echeandia's unexpected opposition and ambitious 
schemes to retain his political power. Their case as presented was a very 
strong one. (p. 253-08.) Leg. Rec, MS., i. 173-355. 



220 AN INTERREGNUM— ECHEANDtA AND ZAMORAXO. 

clined to retain the office in opposition to the will of 
the general and the people of Los Angeles, and the 
deputies, defenceless and averse to further civil dis- 
sensions, deemed it best to regard Echeandia's move- 
ment as a successful contra-pronunciamiento, which 
relieved them of all further responsibility. They ac- 
cordingly suspended their sessions on the 17th. ren- 
dering to the national government a full report of all 
that had occurred, and holding themselves in readi- 
ness to meet again when the interests of the country 
should demand it. Pico made no further claims to the 
office of gefe politico, nor were any such claims made 
for him. By the five members of the diputacion he 
had been recognized from January 27th to February 
16th, twenty days, and under the plan of revolt he 
w r as entitled to the office. Such is the substance of 
Don Pio's title to be regarded as governor of Cal- 
ifornia in 1832-3. 3 

While Echeandia was thus occupied with a revolu- 
tionary movement against his own friends in the 
south, another Mexican officer was engaged in devel- 
oping revolutionary schemes, equally seltish and am- 
bitious, but far less treacherous, in the north. Captain 
Agustin V. Zamorano and others pronounced at 
Monterey against the plan of San Diego, and all who 
had favored that movement. Zamorano had been 
Victoria's secretary and friend, but so far as can be 
known had taken no part in the troubles of 1831, had 
made no effort to defend his unpopular master in his 
time of need, but had perhaps promised neutrality. 
Now that Victoria was out of the country, aware that 
the popular feeling in favor of Echeandia was by no 
means so strong as had been that against Victoria, 
knowing that current disputes must be settled event- 

3 On the trouble between Pico and Echeandia, see, in addition to the records 
already cited, Pico, Hist. CaL, MS., 41-4; Osio, Hist. CaL, MS., 189-92; 
Vallejo, Hist. CaL, MS., ii. 159-64; Alvarado, Hist. CaL, MS., ii. 134-90; 
Ord, Ocurrencias, MS., 50-1; Machado, Tiempos Pasados, MS., 28-9. There 
arc no variations of statement requiring notice. P. says that E. subsequently 
iccjgnized him; but such does not appear to have been the fact. 



ZAMORANO'S REVOLT. 



221 



ually in Mexico rather than in California, and being 
moreover free from all charges of complicity in the 
late revolt, the ambitious captain shrewdly saw his 
opportunity to gain favor with the national authori- 
ties, as well as temporary prom iue nee in territorial 
affairs, and he acted accordingly. 

Zamorano's first step was to secure the cooperation 
of the foreign residents of Monterey. These foreign- 
ers, though taking no decided stand, had been inclined 
to favor Victoria because of his strict preservation of 
order and administration of justice, caring very little 
for his sins against the spirit of Mexican institutions. 
As a rule, they disliked Echeandia, had no confidence 
in Pio Pico, were opposed to all revolutions not di- 
rectly in the line of their own interests, and deemed 
their business prospects threatened by the rumored 
dissensions in the south. Therefore they were will- 
ing to act in defence of good order at the capital. 
They were convened by Zamorano on January 24th, 
and proceeded to organize a compariia extremjera for 
the defence of Monterey, during the continuance of 
' existing circumstances,' against attack from the in- 
terior or from any other quarter. Nearly fifty joined 
the company, and elected Hartnell as their leader. 4 

4 Compauia Extrangera tie Monterey, su organization en 1S32, MS. The 
company was not to be required to leave the town under any circumstances. 
Juan B. Bonifacio was 2d officer, or lieutenant, with Luis Vignea as a substi- 
tute in case of his disability. Such men as had to leave their work lor mili- 
tary service were to receive 50 cents per day. The following men attended 
the meeting and signed the rolls of the company: 
Agustin V. Zamorano, Juan B. Bonifacio, 



Wm E. Hartnell, 
Thos Coulter, 
Juan B. Leandry, 
Geo. Kinlock, 
J. B. 11. Cooper, 
Joso Amesti, 
Luis Pombert, 
Samuel Mead, 
Wm McCarty, 
John Thompson, 
Jas Cook, 
Wm Johnson, 
Wm Gralbatch, 
Juan D. Bravo, 



Timothy Murphy, 
Wm Taylor, 
James Watson, 
John Rainsford, 
John Gorman, 
Chas Roe, 
Henry Bee, 
R. S. Barker, 
Edward Watson, 
John Miles, 
Joseph Dixon, 
John Roper, 
Goy F. Fling, 
John Burns, 



J. L. Vignes, 
D. Douglus, 
Nathan Spear, 
Santiago Mclvinley, 
Est6van Munras, 
Jos6 Iglesias, 
Walter Duckworth, 
Thos Raymore, 
John Roach, 
Thos Doak, 
David Littlejohn, 
Wm Garner, 
Pierre J. Chevrette, 
Chas R. Smith, 
Wm Webb. 



Daniel Ferguson, 
I have in my possession the original 'orderly book' of the company, kept 



'222 AN INTERREGNUM— ECHEANDIA AND ZAMORANO. 

Having thus enlisted the services of the foreign 
residents, the leaders of whom doubtless understood 
his plans, Zamorano summoned Asesor Gomez, Lieu- 
tenant Ibarra, Hartnell, and half a dozen other men 
of some prominence to a meeting February 1st; and 
to this junta, after having stated that northern Cali- 
fornia from Santa Barbara to San Francisco did not 
accept the plan of San Diego, he submitted in sub- 
stance the following questions: Are the acts of the 
diputacion at Los Angeles legal or illegal? In the 
latter case, in what person should be vested the civil 
and military command, Victoria having left the terri- 
tory? Should a force be sent south for the defence 
of Santa Barbara, as had been requested? Ought 
the sub-comisario of revenues at Monterey to obey 
the orders of Juan Bandini, his superior officer, but a 
leader in the revolution? After a thorough discussion, 
that is, after the members had approved Zamorano's 
views as previously agreed upon, the junta decided: 
First, that the acts of the diputacion must be con- 
sidered illegal and null, since that body had been con- 
vened by an authority unknown to the laws and ex- 
isting only by reason of revolution. Consequently 
no obedience or respect was due to rulers chosen by 
that body. Second, no gefe politico should be chosen 
until the supreme government should appoint one, 
but the comandancia general should be filled ad in- 
terim, according to the military regulations, by the 
officer of highest rank and seniority who had taken no 
part in the rebellion, that is, by Zamorano, the two 
ranking captains Portilla and Argiiello having for- 

by its captain, from Feb. Sth, when active garrison duty was begun, to April 
12th, when the captain resigned. Hartnell, Cuaderno de Ordenes de la Com- 
pania Extrangera de Monterey, 1S32, MS. On Feb. 23d, Edward Watson 
was dismissed for disrespect. March 25th, Hartnell, having to be absent, 
left Bonifacio in command. April 12th, the alcalde having requested the 
comandante of the post to dispense with Bonifacio's services, Hartnell took 
it as an insult to the company, and resigned. This was very likely the end 
of the organization. On Feb. 18, 1833, Hartnell informed the members that 
Gov. Figueroa, in his communication to Zamorano on Feb. loth, had thanked 
the foreigners for their services, which he promised to make known to tho 
sup. govt. Vcdlejo, Doc, MS., ii. 12. 



* 



PRONUXCIAMIENTO OF MONTEREY. 223 

feited their rights. Third, to remove anxiety, uphold 
lawful authority, and prevent catastrophe at Santa 
Bdrbara, as large a force as can be spared should be 
sent there at once, but not to attempt operations 
against the rebels unless they should attack that place. 
In case of such attack, the comandante may not only 
repel the foe, but if circumstances permit, may advance 
to San Diego and capture the rebel leaders. He 
must communicate the proceedings of this meeting to 
the officer in command of the rebels, summoning them 
all to give up their arms, and suspending all from 
office. Should they refuse, they are to be warned 
not to advance beyond the points they now occupy. 
Fourth, the comisario subalterno, Gomez, will not obey 
Bandini, but communicate directly with the comisario 
general in Sonora. Fifth, the garrison at San Fran- 
cisco having pronounced in favor of the legitimate 
authority, and arrested their comandante, Sanchez, 
who had approved the San Diego plan, the retired 
lieutenant, Ignacio Martinez, shall be placed in com- 
mand there. Sixth, the acting comandante general 
must report these proceedings to the supreme govern- 
ment, with mention of the services rendered by for- 
eigners, and lists of soldiers and civilians who have 
remained loyal. 5 

5 Pronunciamiento de Monterey contra el Plan de San Diego, 6 sea Acta de la 
Junta de 1° de Febrcro lS32en favor de la lenitlma autoridad y contra D. Jos6 
Maria Echeandia, MS. Copy certified by Zamorano on Feb. 2d, and several 
other certified copies. The signers were Capt. Agustin V. Zamorano, com- 
andante of Monterey; Lie. Rafael Gomez, asesor of the territory; Jose Joa- 
quin Gomez, comisario subalterno of Monterey; Salvador Espinosa, alcalde; 
W. E. Hartnell and Juan B. Bonifacio, commanders of the foreign military 
company; Juan Maria Ibarra, lieut of the Mazatlan company; Juan Malarin, 
honorary 2d licut of national navy; Francisco Pacheco, brevet lieut; and 
Jose Maria Madrazo, sergt of artillery detachment. Feb. 1st. Zamarano 
reports the action of the junta to the alcalde of S. Jose". S. Jos6, Arch., 
MS., iii. 9. Feb. 2d, sends copies to S. F., S. Jose, and Branciforte. VaU 
Ifjo, Doc, MS., i. 289. Feb. Gth, Z. announces to comandantes and al- 
caldes that the garrison and citizens of Sta Barbara had 'pronounced' in 
favor of legitimate authority, deposing the comandante, Alf. Domingo Car- 
rillo, who had adhered to the S. Diego plan. All accomplished in a most 
happy manner. Id., i. 290. Feb- 12th, Z. to Echeandia, sends copy of the 
proceedings of Feb. 1st, and the summons required by that document to 
surrender, promising the clemency of the govt to him and his followers if 
he accepts. Id. , i. 290. April 2d, Alf. Sanchez, having repented, is restored 



221 AN INTERREGNUM— ECHEANDIA AND ZAMORANO. 

There are no records of a formal adhesion to Zam- 
orano's plan at San Francisco, San Jose, Branciforte, 
and Santa Barbara, though there are allusions to such 
adhesion at some of those places, and there can be no 
doubt that it took place at all during the month of 
February. Ibarra started with a military force for 
Santa Barbara about February 9th; and in April, the 
defence of Monterey having been intrusted to the 
compania extrangera and to another company of citi- 
zens organized for the purpose, Zamorano himself 
marched south with all the force he could raise, hav- 
ing learned that the so-called rebels were assuming a 
hostile attitude, and were not disposed to pay much 
attention to the autoridacl legitima. 

So far as the south is concerned, we know more of 
what was said than of what was done. The authors 
of my original narratives content themselves witli the 

rencral statement that Zamorano having refused torec- 

- -^ 

o:mize Echcandia, the latter consented to rule in the 
south, while his rival held sway over the north. 6 The 
earliest notice we have that a knowledge of the con- 
tra-pronunciamiento had reached the south is when on 
March 5th Echeandia reported to Pico the news of 
disturbances at Santa Barbara, and proposed a meet- 
ing of the diputacion for consultation, offering to at- 
tend; 7 and next day were communicated more complete 
details respecting the proceedings at Monterey. There 
were informal meetings of officials for consultation at 

to the command of S. F. Id., i. 305. March 30th, Z. to alcalde of S. Jos**. 
Has lizard that the rebels of S. Diego have assumed a hostile attitude and 
are about to occupy Los Angeles, which at the beginning of the month had 
come out in favor of the legitimate authority. This makes it necessary for 
him to go to Sta Barbara and perhaps farther; and he calls on the alcalde for 
2 ) or 25 men, mounted and patriotic, to be sent at once, since' by a rapid 
movement he hopes to secure the tranquillity of the country. S. Jose, Arch., 
MS., ii. 03. Feb. 20th, Anastasio Carrillo in a private letter speaks of the 
force which Lieut Ibarra has at Sta Barbara, with which he will force S. 
Diego to yield to the proposal of Feb. 28th (?). Valle, Doc. HUt. Gat., MS., 
25. April 8th, X. was at S. Antonio on his way to Sta Barbara, Gucrr.f, 
Doc, MS., vi. 152. Gonzalez, Experiencias, MS., 30-1, alcalde at the time, 
gives a i'cw vague particulars about the action at Sta Barbara. 

°The names of authors and narratives are for the most part those given in 
note 56 <>f chap. vii. 

1 Dept. St. Pap., MS., iii. 44. 



RIVAL RULERS. 225 

San Diego on March 7th, 8th, and 13th; and it was 
probably at these meetings that Juan Bandini opened 
the batteries of his wrathful eloquence on the leaders 
of the northern movement, uttering some truths, but 
trusting largely to personal abuse to maintain his 
position. 8 

The 14th of March Echeandia made a formal reply 
from San Luis Rey to Zamorano's communication of 
February 12th. He accused the latter of having 
violated his personal pledges of neutrality, at the 
instigation of Rafael Gomez and his own personal 
ambition. He alluded to the facts that Victoria had 
recognized him as his successor in command, and that 
the officials at San Diego in recent meetings had ut- 
terly refused to recognize Zamorano as comandante 
general. Still Echeandia proposed a truce under con- 
ditions, which being observed, he would not use force 
to maintain his rights. Evidently nobody in Califor- 
nia was thirsting for blood. The conditions were that 
Zamorano should leave commercial and other commu- 
nication free between different parts of the territory, 
withdraw his forces from Santa Barbara, leave the 
diputacion and ayuntamientos free to act as they 
misrht deem best in civil affairs, and leave also the co- 
misario and the former comandantes of Santa Barbara 
and San Francisco free in the exercise of their duties. 
On these conditions, by taking the oath prescribed in 
the constitution, he might regard himself as coman- 
dante general of the north until the decision from 
Mexico; but as Ibarra was intriguing with Los 
Angeles, Zamorano must decide very promptly, or he 
would begin hostile operations and make real the 

8 Bandini, Apuntes Politkos de 1S32, MS., and another undated document 
in Id., Doc, 26-31. Zamorano is accused of bad faith in keeping quiet for 42 
days after Victoria's defeat to pronounce for him after his departure; Rafael 
Gomez was an intimate of Victoria, a prevaricator, an associate of unworthy 
persons, and a rum -seller; Jose" J. Gomez was anxious for disorders in order 
to hide irregularities in his revenue accounts; Hartnell was a monarchist; 
Bonifacio, an ignorant foreigner, not naturalized; Espinosa had no authority 
outside of his municipality; and the other signers were for the most part 
incapable of understanding the pronunciamiento. There were only one cap- 
tain and one lieutenant, as against 11 officers in favor of the plan of S. Diego. 
Hist. Cal., Vol. 111. 15 



226 AN INTERREGNUM— ECHEANDIA AXD ZAMORANO. 

streams of blood talked of, holding his opponents 
responsible before God and the world. 9 

The dipntacion, willing to forget for the time its 
own wrongs at the hands of Echeandia, assembled at 
his call at San Dieoro to consider measures for checking 
the disorders that must result from the new pronun- 
ciamiento, "this duty devolving on the assembly for 
want of a gefe politico." The members were unan- 
imous in their condemnation of Zamorano's junta, es- 
pecially of its attempt to suspend the diputacion, a 
body with whose acts even the national government 
had declared itself powerless to interfere, said Argue- 
llo, except after reference to congress. At a second 
meeting, March 2 2d, Pico expressed sentiments very 
similar to those of Bandini already cited; and it was 
resolved to issue a circular to the ayuntamientos, in- 
viting them to preserve order, to recognize the dipu- 
tacion, and to proceed with their ordinary municipal 
duties without paying the slightest attention to the 
junta which was tempting them into danger. After 
this rather mild action the assembly adjourned, appar- 
ently with the intention of meeting again at Los 
Angeles. 10 

But the lesfitimistas succeeded in their intrigues 
with the fickle ayuntamiento of Los Angeles, which 
body, on March 2 2d, laid before the people a commu- 
nication from Zamorano, explaining the beauties of his 
system. To this system the assembled citizens " mani- 
fested themselves addicted;" 31 and Ibarra came im- 
mediately from Santa Barbara with a 'part of his force 
and encamped in the pueblo of the Angels. At San 
Luis Key the members of the diputacion en route for 

9 March 15, 1S32, Echeandia to Pico, transcribing his communication of 
the 14th to Zamorano. Vallejo, Doc, MS., i. 303. 

w Leg. Rec, MS., i. 211-20. March 18th, Pico to Vallejo, inviting him to 
attend the meeting of next day. Vallejo, Doc. Hist. CaL, MS., i. 30G. March 
20th, Echeandia to Pico, reporting resolutions of the council of war at S. Diego 
March 7th, 8th, 13th, against Zamorano. Argiiello and Vallejo had been 
present. Dcpt. St. Pap., MS., iii. 44-5. The circular to the ayuntamientos 
was probably issued but intercepted by Zamorano's officials in the north. 

11 Los Angeles, Arch., MS., iv. 59-60. 



PREPARING FOR WAR. 227 

Los Angeles heard of the defection of that town, and 
also that Echeandia was engaged in active prepara- 
tions for war. The mo.st alarming symptom of ap- 
proaching trouble was the attitude of the neophytes, 
who, as devoted partisans of Echeandia, were coming 
into camp from all directions and were being armed 
and drilled for offensive operations. The deputies 
now held a meeting at San Euis and devoted all their 
energies to the preservation -of tranquillity and the 
prevention of bloodshed. It was voted to send a de- 
spatch to Ibarra, holding him responsible for any mis- 
fortunes that might result from an outbreak of hos- 
tilities, warning him of the inquietude of the Indians, 
and urging some arrangement to avoid a rupture. 
Similar notes were to be sent to both Echeandia and 
Zamorano. 12 

Echeandia expressed his willingness to make an 
arrangement for peace, but as no replies were received 
from Ibarra and Zamorano, he went on with his 
preparations, and an advance force of soldiers and In- 
dians under Captain Barroso encamped at Paso de 
Bartolo on the San Gabriel River. 13 Ibarra deemed 
it best to retire to Santa Barbara, perhaps by the 
order of his chief, who was now — early in April — 
hastening south from Monterey with reinforcements. 
Los Angeles was in turn occupied by Barroso and 
Echeandia, who in a day or two removed their forces 
to San Gabriel. 14 

12 Leg. Rec, MS., i. 220-2. It may be remarked that Ibarra's occupation 
of Los Angeles was in a sense a violation of Zamorano's plan of Feb. 1st, ac- 
cording to which his forces were not to advance beyond Sta Barbara unless 
that place should be attacked. 

13 Alf. Ignacio del Valle, Lo Pasado de Cal., MS., G-7, relates that he was 
with Barroso at the Paso while his father, Lieut Antonio del Valle, was witli 
Ibarra at Los Angeles. 

11 Many Californians state that Echeandia had over 1,000 Indians at tho 
camp on the river; and Osio, Hist. Cat., MS., 190-9, says that he entered Los 
Angeles at the head of 1,000 mounted Indians, whom, however, he dismissed 
with presents after retiring to S. Gabriel. Tuthill, Hist. Cal., 134, following 
Robinson's Life in Cat., 122, tells us that Echeandia gathered many Indians at 
S. Juan Capistrano, and inaugurated a series of robberies and murders. A 
state of anarchy and confusion ensued. There is no foundation for such a 
statement. Vallejo, Hist. Cal. , MS., ii. 1G1-77, narrates the particulars of a 
personal quarrel that occurred about this time between Echeandia and San- 



228 AN INTERREGNUM— ECHEANDIA AND ZAMORANO. 

Zamorano, on arrival at Santa Barbara, was some- 
what less warlike than at Monterey, and was induced 
to consider the propositions for a truce, to which he 
had previously paid no attention. After some pre- 
liminary correspondence, not extant, between the two 
comandantes and the diputacion, an arrangement was 
concluded on the 8th or 9th of May; but Zamorano 
seems to have had very much his own way in dictat- 
ing the conditions 15 by which the military command 
was divided between Echeandia in the south and 
Zamorano in the north, while the diputacion was left 
with no authority at all, except such as the southern 

tiago Argiiello. The matter is also alluded to in Leg. Rec, MS., i. 229-30. 
Vallejo also gives some details of the stay of the forces at S. Gabriel, where 
$20,000 were 'borrowed' and supplies were exacted, not much to the satisfac- 
tion of the padres, who were warm adherents of the other party. 

15 Zamorano, Proclama que contiene los Articulos de las Condiciones con- 
venidas entre el y el Sr Echeandia en Mayo de 1832, MS. This original procla- 
mation is dated May 9th. I have never seen the original agreement with 
signatures of the parties, or any copy of it; and I suppose that no such docu- 
ment was ever signed. The articles were in substance as follows: 1. Until 
the arrival of a ruler or of express orders from Mexico, California shall remain 
divided into two parts — one from S. Gabriel south, under command of Lieut- 
col. Echeandia, and the other from. S. Fernando north, under Capt. Zamo- 
rano. The former could not advance any military force north of San Juan 
Capistrano; nor the latter south of S. Buenaventura — this, however, not to 
affect the ordinary mission escoltas of 5 or 7 men. 2, 4. Neither the dip. nor 
any gefe politico named by that body shall issue any orders to the northern 
ayuntamientos; nor shall the dip. make any innovations in the southern mis- 
sions. 3, 5. Trade and travel must not be interrupted; and in case of convul- 
sions either party must afford prompt advice and aid. G. Neither party can 
lave with Los Angeles any other relations than the military ones heretofore 
existing between that town and the presidial comandantes. 7. Any armed 
advance contrary to art. 1 to be repelled without incurring responsibility; 
other faults to be promptly settled by official correspondence. 8. Mails to 
leave Monterey on the 7th, and S. Diego on the 22d of each month. 9. In 
opening official despatches from Mexico great delicacy to be used, and the 
responsibility to rest on the southern comandante. 10. Civilians who have 
taken no part in the contention may live where they please; others where 
they are (?). 11. Neophytes and gentiles are to be sent back unarmed to 
their respective homes. 12. For the sake of peace, these articles will remain 
in force until the chief named by the sup. govt shall have been recognized. 
Copy of this document also in S. Jos6, Arch., MS., ii. 90. Alvarado, Hist. 
Cal., MS., ii. 188-9, claims to have been largely instrumental, by his personal 
intimaey with both leaders, in securing the formation of this treaty. Eche- 
andia did not admit that he had agreed to these articles except to Nos. 1, 5, 
and 8. This appears from his letter to Pico of May 22d. Dept. St. Pap., 
MS., iii. 47-8, and from Zamorano's proclamation of July 7th. Vallejo, Doc. 
Hist. Cal., MS., i. 314. His claim was that the others were suggestions not 
definitely decided on, or perhaps in some cases not accurately stated in 
Zamorano's proclamation. The diputacion, however, seems to have agreed 
with Z.'s version of the articles relating to that body. Leg. lice, MS., i. 
2-30-2. 



A TRUCE. 229 

comandante might choose to give it in his district on 
matters not involving innovations in the missions. 

The military forces were promptly withdrawn to 
the north and south by the respective generals, and 
the members of the diputacion retired to San Diego, 
where on May 15th they held a meeting, and ad- 
dressed to the president of the republic a full report 
of what they had done for the good of California 
since February 24th, the date, of their last represen- 
tation. They declared that Zamorano's action had 
been wholly uncalled for, and that many of the state- 
ments in his pronunciamiento were false. They added 
to their report an argument in which they presented 
at some length their views on the causes of the evils 
afflicting California — evils due largely to the detestable 
and anti-republican mission system, and to the pres- 
ence and intrigues of the friars, who sought a restor- 
ation of Spanish institutions. They more than hinted 
that Zamorano's movement had been in the interests 
of Spain, and they reiterated their opinion that the 
civil and military command should be vested in two 
distinct persons. 16 Again at the end of December 
did the diputacion meet, this time at Los Angeles, to 
take some final steps for vindicating the record of past 
acts and to adjourn, since the term of several members 
now expired, and the comandante of the north had re- 
fused to take any steps for a new election. 17 

One more episode of the Zamorano-Echeandia con- 
troversy demands brief notice, namely, the exploits 

16 Session of May 15, 1832. Leg. Bee, MS., i. 231-52. 

17 Leg. Rec. , MS. , i. 222-30. Dec. 30tk-31st, it was voted to send a commu- 
nication to the new chief in order to hasten his arrival; to send a protest to 
Zamorano, holding him responsible for violating the law by preventing an 
election and abrogating the faculties of the gefc politico; to notify ayunta- 
mientosof the dissolution of the dip., and call for acknowledgments of various 
exhortations to peace and good order sent to the municipal bodies; and finally 
to prepare a manificsto to the people. The adjournment on Dec. 31st is re- 
corded in Los Angeles, Arch., MS., iv. 7G. Aug. 2d, Echeandia had sent a 
communication to Pico on the subject of holding elections, in which he gives 
directions, proposes to preside, and speaks throughout as if he deemed him- 
self still the gefe politico. Lept. St. Pap., MS., iii. 70-1. 



230 AX INTERREGNUM— ECHEANDlA AND ZAMORANO. 

of Antonio Avila, a convict whom the reader will re- 
member in connection with the Solis revolt of 1829, 
and some of his companion presidiarios. It seems 
that Vicente Sanchez came north as soon as released 
from the Los Angeles jail, and in his patriotic zeal en- 
listed Avila and fifteen or twenty convicts to march 
south and aid in restoring the 'legitimate government/ 
promising them, in addition to other emoluments, 
their liberty. In the south they abandoned Sanchez, 
distrusting his promises and learning that he intended 
to use them for private rather than public service, and 
wandered about for a time in different parts of the 
country. The people naturally were alarmed when 
they knew that such a band of desperadoes were at 
large with arms in their hands, though it does not 
appear that they really committed any outrages. A 
charge of a design to overthrow Zamorano's and not 
Echeandfa's powder was trumped up against Avila and 
his men, and after several unsuccessful efforts they were 
captured at Pacheco's rancho, disarmed, and subjected 
to trial at Monterey in June. No proof of revolution- 
ary designs was adduced, but the convicts were kept 
under arrest until the new governor arrived, and were 
by him included in a general pardon to all comba- 
tants. Avila in 1833 recovered his arms, but failed 
to obtain permission to go to Mexico until his term 
should have expired, notwithstanding his disposition 
to serve his country shown on at least two occasions. 13 

From June to December 1832 all w T as quiet politi- 
cally, both in the north and south, and California un- 
der its dual military rule was by no means a badly 

18 Avila, Papeles Tocantes & la Sedition de Antonio Avila y otros Pretidiarios 
en 1S32, MS. Vicente Sanchez declined to testify, on the plea that he was a 
diputado. June 13th, Zamorano to alcalde of S. Jose". Says Avila's party 
arc near Monterey, ready to present themselves on his (Z. 's) order; but as it 
is impossible for him to have any official relations with such people, it has 
been determined to capture them by force. He wants 9 or 10 men, who were 
later sent back because there were no muskets for them. S. Josd, Arch., MS., 
ii. 'u. June 19th, 23d, Z. to com. of S. F., on the same subject. Valicjo, Doc, 
MS., i. 311-12. 



WHO IS GOVERNOR IN 1832? 231 

governed territoiy, since we hear of neither disorders 
on the part of the people nor of oppressive acts by 
the rulers. Both parties, in fact, waiting for a new 
governor and a supreme decision on their past acts, 
were on their good behavior, and disposed to cooper- 
ate in the preservation of order. It may be a matter 
of some interest to decide who was the governor, or 
gefe politico, of California this year. It has been cus- 
tomary to put Pio Pico's name in the list between 
those of Victoria and Figueroa; but as I have already 
shown, he has no claim to the honor. For some twenty 
da} T s he claimed the place, which he ought to have had 
under the plan of San Diego, and was recognized by 
the four or five members of the body that elected him; 
but after February 16th he made no claims and per- 
formed no acts. Nor did the diputacion make any 
claims in his behalf. He refused on the date named 
to accept the office, and was never asked again to do 
so. There was no Mexican law making him gefe po- 
litico without regard to his own acts, or those of his 
associate vocales, by virtue of his position as senior 
vocal. Zamorano, on the other hand, never made pre- 
tensions to be gefe politico ; in fact, one of the articles 
of his plan expressly declared that no such officer ex- 
isted. 

Either there was a vacancy or Echeandia was the 
governor. Echeandia was declared gefe politico pro- 
visional in the plan of November 29th and December 
1st, until he should give up the office to a person 
named by the diputacion. That plan was successful, 
and on December Gth Victoria surrendered the office 
to him. The diputacion recognized his title, and no- 
body formally denied it till the 1st of February. Then 
Zamorano's junta declared the office to be vacant; 
but the plan of February 1st was never entirely suc- 
cessful, being accepted only in the north. After Jan- 
uary 27th he ought, according to his own pledges, to 
have surrendered the office, but he did not do so. 
On February 12th the Los Angeles ayuntamiento, 



232 AN INTERREGNUM— ECHEANDIA AND ZAMORANO. 

the only civil organization in the south, recognized 
him, and declared it would not recognize any other, 
and it never did recognize any other; though b}^ ap- 
proving Zamorano's plan it virtually assented to the 
doctrine of a vacancy. The 16th of February Eche- 
andia offered to surrender the office to avoid the 
use of force; but his offer was not accepted. The 
compact of May 8th-9th contained not a word against 
his claims to the office, even according to Zamorano's 
version of that compact; and Echeandia did not re- 
linquish his claims, but on the contrary asserted them, 
and performed some few and slight acts, in the mat- 
ter of elections and secularization, in his capacity of 
gefe politico. 19 There was never any decision of the 
question by the Mexican authorities, nor in fact any 
necessity for such decision. If I give a chrono- 
logical list of rulers elsewhere in this work, I must 
either use Echeandia's name for 1832 or leave the 
place blank. Meanwhile the reader may decide for 
himself. 

Now Californian affairs in Mexico demand atten- 
tion. Carlos Carrillo, the congressman, was bitterly 
disappointed when he heard of the revolution against 
Victoria. The news seemed to w T eaken his eloquent 
eulogies of the Californians as a law-abiding people. 
He had flattered himself on having reached the brink 
of success in obtaining several advantageous measures 
for his constituents. Probably he had made less prog- 
ress than he supposed, but the late events afforded 
the president and ministers a convenient excuse for 
refusing to carry out certain partial promises. All 
hope for a separation of the military and civil com- 
mands, for an organic law, for courts, for a proper 

19 July 19th, Z. in a proclamation to the people refers to E.'s rejection of 
certain articles of the compact and to his claim to be gefe politico as subjects 
respecting which discussion had been voluntarily discontinued on account of 
the expected arrival of a new gefe at an early date. Vallcjo, Doc, MS., i. 
314. Castillo Negrete in 1S35 alludes to Echeandia as 'el intruso gefe poli- 
tico.' Dept. bt. Pap., Ben. JUL, MS., lxxviii. 53. 



CHOICE OF A NEW RULER. 203 



distribution of lands-^and he might have added, "for 
my appointment as gefe politico" — "has gone to the 
devil," he complains to~ Guerra, "and I am placed in 
a most awkward position after having sung the praises 
of the Californians in. congress." 20 If we may credit 
Carrillo's own statements — and I find no other evi- 
dence on the subject — the Mexican authorities were 
disposed to be severe in their treatment of the revolt- 
ing Californians; and it was only by the most un- 
tiring: efforts that he saved the leaders, first from death, 
then from banishment, and finally had them included 
in an amnesty granted to the rebels of Vera Cruz. 

The choice of a ruler to succeed Victoria now occu- 
pied, as far as the interests of so distant a territory 
ever did, the attention of Bustamante and his advisers. 
Circumstances seemed to require the appointment of 
a strong military man. The idea of separating the 
commands, if it had ever been entertained, was aban- 
doned when the revolt was known, and at the same 
time Carrillo's chances disappeared, if he ever had 
any. Victoria says the first idea of the government 
was to send him back with a strong supporting force. 21 
Then there w T as a thought of appointing Zamorano, 
as the ranking officer in California not involved in the 
revolt. This was recommended by Virmond, and 
very likely by Victoria and Padre Peyri, but Carrillo 

20 Carrillo, Cartas del Diputado, MS. , 231-52. Jan. 20th, Carrillo called on 
the vice-president, receiving from him the news of disturbances in Cal. Busta- 
mante threatened to send an armed force to bring that rebellious territory to 
order. C. told him it would be better to take away the Mazatlan company 
than to send more troops, who without pay would be sure to revolt. March 
loth, Virmond has arrived and given an ugly account of home affairs. Vic- 
toria and Peyri are expected; and Pliego will say no good of the Californians. 
It is said that all officers who took part in the revolt will be dismissed the 
service. (Such an order seems to have been issued on Mar. 20th, so far as 
artillery officers were concerned. l)ept. St. Pap., MS., iii. 45.) April 14th, 
tired of official life, of struggles against obstinate diputados, of official prom- 
ises never kept. Does not desire re-election, which Victoria tells him is 
talked of. Only by the most strenuous efforts, aided by four other deputies, 
he has saved the Californian revolutionists from the death penalty, but not 
from that of banishment for 4 years from the republic. Letters of April 21st 
and May 1 1th on Figueroa's appointment. C. in later years (p. 254-7) claimed 
that it was by his efforts that the Californian rebels were included in the 
amnesty granted to those of Vera Cruz. 

21 Guerra, Doc, MS., iv. 183-4. 



234 AN INTERREGNUM— ECHEANDfA AND ZAMORANO. 

opposed it with all his might. 22 The choice finally 
fell on Brevet Brigadier-general Jose Figueroa, an 
able and prominent man in Mexican affairs since 1820, 
comandante general of Sonora and Sinaloa for five or 
six years, and by reason of that position, more or less 
acquainted with California!! affairs. Politically he 
was not in sympathy with Bustamante's administra- 
tion, having been a supporter and intimate personal 
friend of Guerrero; and it is believed that his appoint- 
ment was a measure dictated less by a consideration 
of his interests or those of California than by a desire 
to get rid of a troublesome foe. 23 

22 Carrillo, Cartas, MS., 233-6. He says that Mexico was swarming with 
claimants for command in the distant territories, impecunious nobodies at the 
national capital, but ready to put on the airs of viceroys in Cal. Id., p. 241-5. 

23 The first mention I find of Figueroa in contemporary records is in a pri- 
vate letter of Iturbide to Guerrero, dated Jan. 10, 1821, in which he urges the 
patriot chieftain to put himself on the side of Spain, and asks him to send a 
man of his entire conlidencc to treat with him on the subject, naming Figueroa 
among several other 'individuos masadictos a Vd.' Mexico, Cartas de Iturbide 
y Guerrero, p. 2. Antonio Ruiz de la Mota, one of Guerrero's men in the war 
of independence, a man to whom F. rendered many favors in Cal., said that 
F. as Guerrero's secretary took a prominent part in the negotiations by which 
the two leaders were united and success insured ; though at one time Guerrero 
suspected his friend of treachery and proposed to have him shot. Torre, liemin. , 
MS., 51-3. In 1824 F. was appointed comandante general of Sonora, and 
specially commissioned to organize an expedition at Arizpe to explore and se- 
cure the regions obstructed by savages; to inspect the mines, especially the 
famous 'planchas de plata;' and to facilitate communication by land with 
Cal. In pursuance of these instructions, he marched in person to the junction 
of the Colorado and Gila in 1S25; but had to go back in haste to put down 
the great Yaqui revolt, which lasted several years. Jletes, Portentosas Pique- 
ztis Mlnerales. His efforts to open communication between Son. and Cal. are 
mentioned in the account I have given of Romero's expedition of 1823-G in 
chap. xxii. vol. ii. ; and several of his letters are included in Romero, 
JJocumentos, MS. Elsewhere in my work in connection with the annals of 
Sonora I have said something respecting this part of Figueroa's career ; for 
particular allusions to him, see Pinart, Col. Doc. Son., MS., nos. 43, 52-3; 
print, nos. 107, 110, 180-2; Sonora, Adas del Primer Congreso Coustitucional 
i. 74-5; Figueroa, Observaciones de un Ciudadano, MS., 1-7; Opinion Pub 1 , ka 
de Occldente, July 30, 1829. On Sept. 5, 1828, the name of Altar was officially 
changed to Villa de Figueroa, and the general was formally declared a citizen 
of Sonora. Though of unquestioned bravery, he earned the cognomen of 'El 
Faciiico y Calmoso;' always used his influence against local revolutions; and 
was sometimes blamed for his indulgence to conquered Indian foes. He left 
Sonora in 1829, starting for the eastern coast to aid in repelling Spanish in- 
vasion, but not arriving apparently in time for that service. On Dec. 20, 
1 S29, he issued at Durango a proclamation calling upon the people to follow 
him in support of Guerrero and the federal government against the rebels of 
Campcchc andJalapa. Atleta, Jan. 7, 1830, p. 75. In March 1830 he was ar- 
rested with several others by orders of Gen. Bachillcr in Mexico on charge of 
conspiracy, Id., Mar. 25, Apr. 2, 25, 1830, p. 385, 416, 507; but as he was too 
popular a man to be shot and too dangerous to be allowed to remain in Mcx- 



I 



FIGUEROA APPOINTED. 235 

Figueroa received bis appointment as comandante 
general and inspector at a salary of $4,000 April 17, 
1832, and that of gefe superior politico on May 9th, 
with instructions from the different ministries the 17th. 
His general instructions took the form of supplemen- 
tary articles to those formerly given to Echeandia, not 
literally extant, as we have seen. Figueroa was to 
work for the perfect restoration of tranquillity, and to 
inspire confidence in the national government by ex- 
plaining the causes which had led to certain changes 
in the system of republican administration. He was 
to supply complete statistics about California and all 
its institutions and industries. He was to give much 
attention to the neophytes, with a view to improve 
their condition and fit them for a change in the mis- 
sion system. To give an impulse to trade, he must 
favor the exportation of surplus products and induce 
the missions to build small vessels. Colonization and 
the distribution of lands both to citizens and foreigners 
were to be encouraged in accordance with the laws, 
several special grants being recommended, as were 
active efforts to extend settlement toward 42° in the 
north. Indian policy toward the gentiles, movements 
and aims of the Russians and Americans, illegal opera- 
tions of hunters and trappers, and abuses in connection 
with the rearing: of cattle were amongr the matters to 
which the new ruler's attention was directed. 24 Special 
instructions were given on the subject of secularizing 

ico, he was soon released to be exiled to California as governor. He held the 
honorary position of vice-governor of the state of Mexico until Dec. 7, 1833. 
St. Pap., Miss, and Colon., MS., ii. 285, 293-4. He left Sonorain debt to the 
fondo de temporalidades to the amount of $3,000, which sum was ordered to 
be collected in 1834. Dept. St. Pap., Ben. Mi!., MS., lxxvii. 11. Carlos Car- 
rillo, when the appointment was first made, was told by a deputy from Sonora 
that Figueroa was a despotic fortune-hunter, and Virmond also spoke against 
him; but Minister Alaman spoke in the highest terms of the new appointee, 
and Carrillo himself after an interview formed a favorable opinion of him, freely 
expressed in his letters to Guerra, whom he advised to conciliate Figueroa's 
friendship by presenting him with a span of mules. On his appointment, see 
Dept. St. Pap., Ben. Cust.-II., MS.,ii. 18; Id., Angeles, xi. 2; Id., Monterei/ y 
ii. 21. 

u Figueroa, Instrucciones Generates para el Gobierno de CaVfornia dadas dl 
Gen. Don Jos6 Figueroa, 1832, MS. Dated May 7, 1832, and signed by the 
minister Ortiz Mona3terio. 



236 AX INTERREGNUM— ECHEANDIA AND ZAMORANO. 

the missions, which in substance required the whole 
matter to be put back where it was before Echeandia's 
act of January 1831; but at the same time called for 
a continuance of investigation and reports with a view 
to an early change in the system. 25 With reference 
to the late revolutionary troubles, Figueroa was fur- 
nished with full reports from Victoria, Echeandia, 
and the diputacion, of the quarrel as viewed from differ- 
ent standpoints, and was instructed, after a secret and 
impartial investigation, to render a comprehensive re- 
port. 26 

The governor was provided not only with instruc- 
tions on his duties, but with a force of some seventy- 
five officers and men who were to aid him in perform- 
ing those duties. The soldiers, however, were cholos 
of a not very desirable class, from the region of Aca- 
pulco, but lately released from prison and pardoned 
for revolutionary attempts. Figueroa went to Aca- 
pulco in June to superintend the outfit of his com- 
pany, and all sailed from that port July 17th in the 
brig Catalina} 1 The first landing was at Cape San 

25 May 17, 1832, Alaman to F. in St. Pap., Miss, and Colon, MS., ii. 33-5; 
Arch. Arzob., MS., v. pt i. 102-6. 

20 Alaman, Sucesos de California en 1831, MS. Alaman also directs F. to 
obtain instructions from Victoria. Sup. Govt St. Pap., MS., viii. 8. Victoria's 
influence is also apparent in Alaman's instruction of same date, May 17th, 
thatVallejo is not entitled to a seat in the dip. Id., v. 9. As for Echeandia, 
a pardon was sent with orders to report at Mexico. Id., xiii. 40. The com- 
plaints of the dip. against Victoria were also furnished; and F. was instructed 
to see that the dip. was renewed according to the laws, and to communicate 
this resolution to the complainants, as he did on July 7th. Vallejo, Doc, MS., 
i. 316. 

2; July 1, 1832, F. at Acapulco appoints Lieut-col. Manuel Martinez tem- 
porary chief of the infantry embarked on the Morelos for California (?). 
J)' ■ pt. St. Pap., MS., iii. 54. Jul} 7 " 5th, he announces to his soldiers their 
pardon, states that their imprisonment has not stained their honor, and 
explains that great reliance is placed in them to protect Cal. from Spaniards, 
Russians, and Americans. Id., iii. 67-9. July 7th, to sec. of rel. Will attend 
to formation of a compania de frontcras, and the sending of mails via the 
Colorado on arrival in Cal. Id., iii. 52-3. July 14th, arms and munitions 
shipped on the Catalina, including 100 muskets and bayonets, 20,000 car- 
tridges, and 2,000 flints, one 6-pounder with 200 charges. I)ept. St. Pap., Ben. 
J\li/., MS., lxxxviii. 7. July 17th, force that sailed on the Catalina with F.: 
Lieut-col. Manuel Martinez and Lieut Jos6 Portu (who did not reach Cal), 
Capt. Nicolds Gutierrez, Capt. Francisco Figueroa (brother of the general), 
Surgeon Manuel de Alva, 41 cavalrymen with 8 musicians under Sergt 
Estrada, 5 artillerymen under Sergt Buitron, and 9 infantrymen under 



TROUBLE ON THE JOURNEY. 237 

Lucas on the 30th. Remaining here with his troops, 
Fiofueroa sent the vessel to San Bias and Mazatlan 
for money, additional troops, and a band of friars, all 
intended for California. 28 " The Catalina, after taking 
on board ten Zacatecan friars — of whose coming to 
California I shall have more to say in another chap- 
ter — with Lieutenant Rafael Gonzalez and family, 
besides other officers and men not specified, sailed 
from San Bias on August 13th, and in five days 
reached Mazatlan. 29 Here, or at Rosario near by, 
Gutierrez received from the comisario general $20,000, 
and perhaps the rest of the $34,000 which had been 
promised; 30 and sailing on August 24th, the vessel 
touched on the 28th at Cape San Lucas to take on 
board the general and his company. 

That same day, the Acapulco cholos under Ser- 
geant Nunez revolted, and with the aid of the sailors 
seized the Catalina with everything on board, includ- 
ing the arms and money intended for California. 
Though thirty-eight men besides the friars were not 
involved in the mutiny, they were unarmed at the 
moment of the outbreak and made no resistance. 
The mutineers, after firing some shots at the party left 
on shore, sailed at midnight and went to San Bias to 
join in the revolutionary movement of Santa Anna 
against Bustamante. The reenforcement of men, mu- 
nitions, and money was very acceptable; and it is not 
likely that any troublesome questions were asked 
about the manner in which they had been obtained. 31 

Sergt Nunez — 76 persons in all, including 4 women. Id., lxxxviii. 6. The 
price paid the vessel for transportation was $8,410. Id., lxxxviii. 7-8. May 
10th, order from Mexico to com. at Acapulco to place volunteers at F.'s dis- 
posal. They were to have the preference in the distribution of lands. Dept. 
St. Pap., MS., iii. 47-50. Only 9 volunteers seem to have been secured. 

28 Aug. 4, 1832, F. to com. of La Paz. Dept. St. Pap., MS., iii. 56. 

29 Lieut Gonzalez had come from Mexico, starting July 2Gth, to take 
charge of the sub-comisaria at Monterey. He kept a brief journal of his 
journey from day to day. Gonzalez, Diario de Mexico a California, 1832-3, 
MS., which, either original or a copy in the author's handwriting, was given 
me by his son Mauricio. Gonzalez, Memorial, MS., 55. 

30 Aug. 11th, receipt of Gutierrez for $20,000. Dept. St. Pap., MS., 
lxxiv. 46. By this date it would appear that the Catalina had touched at 
Mazatlan also on the way to S. Bias. 

31 Yet there was a report, or at least so F. stated to his men, ttiat the 



238 AX INTERREGNUM— ECHEANDtA AND ZAMORAXO. 

Figueroa and his men were now in a sad plight, with 
neither vessel, funds, arms, nor luggage. They went 
by land up to La Paz, where the last of the company 
arrived about the middle of October. The general 
reported his dilemma to the administrator of customs 
at Guaymas, who was urged to raise $10,000 and to 
furnish twenty-five muskets, with other supplies of 
absolute necessity. 32 The officials at Guaymas and 
Mazatlan seem to have exerted themselves in this 
emergency with some success: for on November 12th 
the Catalina had returned to La Paz and was ready 
to carry the party northward to their destination. 
On that date Figueroa delivered an address of en- 
coura^ement to his men, reminding them of the evils 
that had overtaken or would overtake their rebellious 
companions, and of the good things awaiting them in 
California, "the land where the Aztecs lived before 
they came to Mexico." 33 They finally sailed from La 
Paz on December 13th, according to Gonzalez's diary, 
touched at Mazatlan from the 14th to the 17th, and 
arrived at Monterey on the 14th or 15th of January, 
1833. 

The news of Figueroa's appointment had arrived as 
early as July at least, and Echeandia on the 28th, in 
an address to the Californians, spoke of his joy at the 
approach of a new ruler, urging the people to render 
implicit obedience, but to be ready with the proofs of 
their loyalty and the reasons for having deposed Vic- 
mutineers had been overpowered at S. Bias, part of the money recovered, and 
Itafael Nunez sent to Guadalajara to be shot. Dept. St. Pap., MS., iii. 58-G1. 
Forbes, Hist. Cat.. 139-42, says that the party was well received by the rev- 
olutionists at S. Bias, and that $3,000 of the funds had been sent back to the 
friars. Gonzalez in his diary mentions no firing, and I doubt that any oc- 
curred. Mention of the affair at San Lucas in Alvarado, Hist. CaL, MS., ii. 
104-5; Castro, Relation, MS., 30; Vallejo, Hist. Col., MS., ii. 198-9; Robin- 
son's Life in CaL, 138-9; i??/a?i's Judges and Criminals, 39. 

32 Sept. 24th, F. at La Paz to administrator at Guaymas. Dept. St. Pap., 
Ben. Cust.-II., MS., i. 33-5. Oct. 17th, Luis Valle, com. at Guaymas, to F. 
Will send the aid required. 

33 Nov. 12, 1832, F.'s address to his troops. Dept. St. Pap., MS., iii. 5S-G1. 
I suspect that the date should be Dec. 12th. There had been some previous 
negotiations with the captain of the Facio to transport the troops. Id., 
iii. 62. * 



READY FOR A NEW RULER. 239 

toria. The 1 7th of October he wrote directly to Figue-, 
roa as his 'respected chief,' to express his submission 
to the national authority, and to explain that love of 
his country alone had prompted him to take part in 
the late pronunciamiento. 31 The people generally, 
many of whom knew something of Figueroa by repu- 
tation, were pleased at the prospect of seeing a regular 
government established again in the territory. The 
diputacion, as we have seen, voted at the final session 
of the year to send to the new gefe politico an address 
of welcome and submission which should also be a de- 
fence of its own patriotic policy during the past two 
years. Such a document, if actually prepared, is not 
extant. Zamorano was doubtless less pleased person- 
ally than the other parties at the news of Figueroa' s 
approach, on account of the well known political affini- 
ties of the comandante general; but having been in- 
volved in no revolutionary acts, he was even more 
confident of approval than the others. To Captain 
Antonio Muhoz, who came to relieve Fernandez del 
Campo in command of the artillery, and who arrived 
before Figueroa, Zamorano offered to resign his posi- 
tion of 'comandante general accidental of the north;' 
but Munoz declined. 35 Evidently, though California 
was technically in a 'state of anarchy,' the new ruler 
was to encounter no opposition there. 

3i Dept. St. Pap., MS., iii. 63-5, 73-4. E. takes advantage of the oppor- 
tunity also to prepare for the defence of his late mission policy by dwelling 
on the powerful and baneful influence of the missionaries, all of whom with 
two exceptions are denounced as apologistas of Spain and all that is Spanish. 

*>Dept. St. Pap., MS., iii. 79-82. 



CHAPTER IX. 

FIGUEROA'S RULE— HIJAR AND PADRES COLONY. 

1833-1834. 

Arrival of Figueroa — Primitive Printing — Imaginary Difficulties— 
Amnesty to Rebels — Echeandia and Zamorano — Biography of 

ECHEANDIA — BaNDINI ELECTED TO CONGRESS — No SESSIONS OF THE DlPU- 

tacion 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 — Padres and his Schemes — Coloniza- 
tion — Hijar as Gefe Politico — Colony Organized — Compania Cos- 
mopolitana — political schemes — the march to tepic — voyage of 
the 'Natalia' and 'Morelos' — Reception of the Colony at San 
Diego and Monterey — Wreck of the ' Natalia ' — Authorities. 

The new ruler arrived at Monterey by the Cata- 
lina January 14, 1833, landing and taking possession 
of his command the next day. 1 With him came Cap- 
tain Francisco Figueroa, his brother, Captain Nicolas 
Gutierrez, lieutenants Bernardo Navarrete and Rafael 
Gonzalez — the latter to take charge of the custom- 
house — Surgeon Manuel Alva, about thirty soldiers, 
and ten friars from the college of Zacatecas, who came 
to reenforce the Fernandinos. 

On the day of arrival, and apparently before land- 
ing, Figueroa addressed communications to the va- 
rious local authorities, announcing his appointment, 
and intention to devote all his energies to the welfare 

1 Figucroa's letter written in March. Dcpt. St. Pap., MS., iii. 103. Rather 
strangely, there is in the archives no more definite record of his formal assump- 
tion of the eommand on Jan. 15th than this and the announcement mentioned 
in my next note. 

(2i0) 



FIRST PRINTING IN CALIFORNIA. 211 

of the territory. He was naturally not quite sure 
what would be his reception from the different fic- 
tions. Before leaving -Mexico he had caused to be 
printed a proclamation, which he now circulated, to- 
gether with a brief notice of his arrival, also printed, 
and as it seems at Monterey. This was the first use 
of type in California. 2 I suppose that he brought a 
small quantity of type with some kind of a hand-press, 
or stamp, for printing cards and brief notices, more 
as a curiosity perhaps than for actual use. 

2 The notice is as follows: 'El Supremo Gobierno Federal se ha servido con- 
fiar a mi insuficiencia el mando Politico y Militar del Territorio, de cuyos des- 
tinos he tornado posecion el dia de ayer que desembarcjue" felizmente en este 
Puerto; y al tener el honor de comunicarlo a V. desfruto el de ofrecerme a su 
disposicion, protestandole la mejor voluntad para servirlo y complacerlo, y su- 
plicandole acepte las seguridades de mi mas distinguido aprecio y considera- 
cion. Monterrey, lGdeEnero de 1833. JoseFigueroa.' The name has the gov- 
ernor's riibrica on the copy before me — the only one I have seen — Earliest 
Printing in Cal. — the one sent to M. G. Vallejo at S. Diego. The impression 
is bad, as if done by hand with imperfect apparatus. The 'a' (with grave 
accent) shows that the type was not the same used by Zamorano in later 
years. 

The proclamation printed in Mexico was as follows: ' The comandante 
general, inspector, and gefe politico superior of Alta California, to the inhab- 
itants of the territory. Compatriots; at my arrival on your coasts I consider 
myself under obligation to address you to announce peace, order, and lib- 
erty. Boons so precious being assured, you will enjoy the abundant advan- 
tages with which nature enriched you. The contrary produces nothing but 
countless evils, misfortunes, and desolation. If a fatal moment of excitement 
has disturbed your repose, let peace return to occupy her seat in this delicious 
country, and with intrepid patriotism let us cast discord to barbarians who 
have no country or rights to respect. Peace is the true happiness of mor- 
tals; and I restore to you a gift so precious in the name of the supreme fed- 
eral government, which has seen fit to confide to me the arduous task. A 
perpetual forgetfulness will efface the memory of the political errors which 
gave rise to the startling occurrences of year before last. In the law 
of April 25th last [printed May, but April substituted in ink], you will find 
guaranties and security. To me it belongs to carry them into effect, and I 
promise it shall be done. Fear nothing, fellow-citizens; the government 
works for your happiness. I, who come to execute its just desires, am re- 
solved to overthrow whatever obstacles may impede the development of your 
prosperity. It remains for you, united and faithful, to present to the world 
a testimony of concord, of respect for authority, and of obedience to law. 
The laws will be my guide, and never shall an arbitrary policy or disorder 
deprive you of the just and moderate liberty secured in the compact of our 
institutions. Fulfill, therefore, your social obligations, and doubt not that 
your rights will be respected by your fellow-citizen and friend, Jos6 Figueroa. ' 
In Bandini, Doc, MS., 25; Vallejo, Doc, MS., i. 288; Dept. St. Pap., An- 
geles, MS., x. 2-3. Written communications of similar purport issued, Jan. 
14th-20th, to ayunt. of Monterey, with invitations to a thanksgiving mass at 
F.'s house Jan. 19th. Dept. St. Pap., Mont., MS., vi. 20; Dept. St. Pap., 
MS., iii. 84-5. To ayunt. of S. Jos6. Dept. St. Pap., S. Jose, MS., iv. 113. 
To ayunt. of Branciforte. Sta. Cruz, Arch., MS., 43. To military coman- 
dantes, through Zamorano. Vallejo, Doc, MS., ii. 1. 
Hist. Cal., Vol. III. 16 



212 FIGUEROA'S RULE— HIJAR AND PADRES COLONY. 

In all Fi'meroa's communications, from his arrival 
to his death, there are evidences of his belief that by 
unremitting effort and the exercise of diplomatic tal- 
ent lie had overcome the difficulties in his way, and 
had succeeded in rescuing California from anarchy. 
This view of the matter was partly real and honest, 
so natural is it to magnify the importance of one's 
own achievements, and partly a pretence designed for 
effect in Mexico. The difficulties in this case were 
for the most part imaginary. There were no dis- 
orders; the factions vied with each other in their 
readiness to submit, and nowhere was there the faint- 
est ripple of opposition. Figueroa is entitled simply 
to the credit of having been a sensible, industrious, 
and above all a popular man, who committed no acts 
of folly to create troubles where none existed. This 
at the first; for later he overcame certain obstacles of 
a somewhat more serious nature. Bandini is the onlv 
Calif ornian who does not overestimate the impor- 
tance of Figueroa's services in saving the country for 
Mexico, and Don Juan, it must be confessed, had a 
grievance against the governor, the nature of which 
will shortly appear. 3 

A Mexican decree granting an amnesty to all con- 
cerned in the irregularities of 1831-2, on the sole 
condition of future loyalty, was circulated by Figueroa, 
together with the announcement of his arrival. 4 
Zamorano and his adherents affected a freedom from 
all need of amnesty, since their conspirings had been 

3 Bandini, Hist. Cat., MS., 78, thinks any other man would have succeeded 
as well, as there was no opposition. Jan. 26th, the ayunt. of Los Angeles 
formally recognized Figueroa. Los Angeles, Arch., MS., iv. 88. Feb. 2d, 
Alcalde J. A. Carrillo congratulates him. De.pt. St. Pap., Aug., MS., i. 
104. Feb. 10th, Carrillo will harangue the Indians and tranquillize them. 
Arch. Arzob., MS., v. pt i. 70. J. A. Menendez at S. Gabriel tells F. that at 
the missions his coming is regarded as the 'iris de paz que viene a disipar la 
cspesanube dc las diferencias que tienen agitado el territorio.' Id., v. pt i. 71. 

i S. Jose 1 , Arch., MS., i. 48; Sta Cruz, Arch., MS., 87. Jan. 19th, F. asks 
the padres to publish the amnesty and aid in promoting tranquillity. Dept. St. 
]'<<]>., MS., iii. 85. Notwithstanding the amnesty of April 25, 1832, I find 
an order to the eomisario general dated Aug. 183.3, that olficersin Sonora and 
Cal. are to receive no pay until they prove they have had nothing to do with 
revolutionary plans. Dcpt. St. Pap., Ben. Com. and ZVeos., MS., ii. 50. 



SUBMISSION OF ECHEANDIA AND ZAMORANO. 243 

in support of the government. Figueroa humored 
this somewhat plausible whim, thanked the legitimists 
for their loyal services, made Zamorano his secretary, 
and sent to Mexico a report altogether favorable to 
the northern faction, according especial praise to the 
compania extrangera of Monterey, and also mention- 
ing Ibarra and Carrillo in terms of approval. If his 
condemnation of the 'usurpation' of Echeandia's 
party was more severe, and his praise for the ' loy- 
alty' of Zamorano's party more flattering than was 
called for by exact regard for the truth, the reason 
must be sought in the policy of the administration 
which this report was intended to please. 5 

Echeandia was not less cheerful and prompt in 
his submission to Figueroa, with whom his relations 
both personal and political had been most friendly in 
Mexico, than was Zamorano; but he ridiculed his 
rival's pretensions to be, more than himself, beyond 
the need of amnesty, and in all his communications 
he defended his past acts. What he desired was not 
pardon, but justiri cation, and recognition of the posi- 
tions he had assumed, 6 and he was annoyed at the 
tone Figueroa felt himself obliged to adopt on the 
subject. On the day of his arrival Figueroa sent 
Echeandia both an official and a private letter, and a 
friendly correspondence followed. 7 Echeandia ren- 
dered valuable aid to the governor in his preliminary 
investigations on the subject of missions from Febru- 
ary to April. Orders brought by Figueroa required 
him to report at Mexico, and he accordingly left Cal- 

b Figueroa, Informe al Ministro de Guerra sohre los Acontecimimtos de 183 1-2, 
y Parte que tuvo en olios el Capitan Agustin Zamorano, 1833, MS. Dated March 
23d, and accompanied by copies (not given) of 38 documents furnished by 
Zamorano in support of his policy. 

The govt in Oct. 1833 ordered an investigation of his services, etc., in 
order to decide whether he should receive pay as governor or as lieut-colonel 
of engineers. Sup. Govt St. Pap., MS., xxi. 8. I do not know what decision 
was reached. 

7 Correspondence from Jan. 14th to Feb. 14th, with references to other 
letters not extant. Dept. St. Pap., MS., iii. 23-0, 70-8, 83-7, 9G-100; Arch. 
Arzob.j MS., v. pti. 73. Other communications on missions will be noticed 
in another chapter, the latest from E. being dated March 19th. 



244 FIGUEROA'S RULE— HIJAR AND PADRES COLOXY. 

ifornia never to return, sailing from San Diego May 
14th, on the Catalina. There is no record that he 
subsequently appeared in public life; but in 185G he 
was practising his profession as engineer in Mexico, 
and is reported to have died before 1871. With this 
officer's record during his residence of eight years and 
more in California, the reader of the preceding chap- 
ters is acquainted, and it is not necessary to indulge 
largely in repetitions; nevertheless, I append a bio- 
graphical resume. 8 Echeandia we have found to be 

8 Of Jose" Maria Echeandia before he came to California nothing is knov.-n 
beyond the fact that he held the rank of lieut- colonel of engineers, and was 
probably connected with a college of engineers in Mexico. He fairly repre- 
sented Mexican republicans of the better class. His appointment was in 
Jan. 1825. He sailed from S. Bias in June, remained at Loreto until Oct., 
arrived at S. Diego in Oct., and in Nov. received the command from Luis 
Argtiello. See chap, i., this vol., on his arrival; chap. ii. on his political acts 
in 1826-30, including his visits to the north, his quarrel with Gonzalez, and 
his complaints and offers of resignation; chap. iii. on his quarrels with 
Herrera; chap. iv. on his mission policy and controversies with the padres; 
and chap, vii.-viii. on his acts after giving up the command to Victoria on 
Jan. 31, 1831. Also chap. xi. for additional particulars of his secularization 
policy. Echeandia was probably under 40 years of age in 1825. In person 
he was tall, slight, and well formed, with fair complexion, hair not quite 
black, scanty beard — some say his hair and eyes were light, among them 
Ignacio del Valle — and a pleasing face and expression. His health was very 
delicate. In his speech lie affected the Castilian pronunciation, noticeably 
in giving the '11,' ' c,' and ' z ' their proper sounds. The following items from 
various sources show something of his character. Gonzalez, Experiencias, 
MS. j 27, notes his affability to private soldiers. Valle, Lo Pasado de fed., 
MS., 7-8, says he was so absent-minded as sometimes to ask his secretary 
what his own name was before signing a document. J. J. Vallejo, Beminis- 
cencias, 103-108, calls him a capricious despot, who would carry out a whim 
without regard to results. David Spence, Hist. Notes, MS., 15, asserts that 
lie had no energy. Torre, Beminiscencias, MS., 22, speaks of him as popular 
but over-indulgent and careless. Vallejo, Hist. Ccd., MS., ii. 46-7, 51, 1 10— 
13, 116-17, and Alvarado, Hist. Cal., MS., ii. Ill, 140, 146-7, 166, are in- 
clined to praise Echeandia in extravagant terms, mainly on account of his 
somewhat radical republicanism. Pio Pico, Hist. Cal., MS., 21, pronounces 
him affable but apathetic. Shea, Cafh. Missions, 109, quotes Alfred Robinson 
as calling him ' the scourge of California, and instigator of vice, who sowed 
i ceils of dishonor not to be extirpated while a mission remains to be robbed.' 
Tnthill, Hist. Cal., 130, says 'he was contracted in his views, despotic in the 
exercise of his powers, and selfish in his relations with foreigners.' Lieut 
Pomualdo Pacheco alludes to him as his worst enemy, but incapable of injur- 
ing any one. Gale, writing to Cooper, Vallejo, Doc, MS., xxix. 104, calls 
him a man of undecided character, trying to please everybody. 

June 6, 1832, orders for E. to report at Mexico. Sup. Govt St. Pap., MS., 
viii. 40. Oct. 30, 1833, orders to investigate his services in order to reach a 
decision about his pay. Id., xxi. 8. In April 1828 he wrote to Guerra in 
Mexico to pay his mother $100 without letting his wife know anything of 
it. March 13, 1833, the comisario general alludes to an allowance of &i00 to 
Maria Salcedo, Echeandia's wife. I)ept. St. Pap., Ben. Com. and Treas., MS., 
ii. 65. Sailed from S. Diego, May 14, 1833. Dej)t. St. Pap., Ben. Mil., MS., 



LAST OF ECHEANDIA. 245 

a man of considerable talent and good education, 
affable and kind-hearted, but weak, irresolute, and 
lacking energy. He was disposed to be upright and 
faithful, but lacked strength of principle for emergen- 
cies. In the administration of justice and the en- 
forcement of military discipline he was notably inef- 
fective. He has been abused extensively by partisans 
of the friars, but no man could have escaped such 
abuse without a complete surrender to the mission 
monopoly and a reckless disobedience to his instruc- 
tions. He favored secularization, and his views were 
sound, but he was not hasty or radical in effecting 
the change, but rather the contrary. True, at the 
very end of his rule he was induced by Padres to do 
an illegal and unwise act, but that act did not go into 
effect, and the padres had no good cause of offence. 
No man in Echeandia's place, and faithfully 'repre- 
senting the spirit of Mexican republicanism, could 
have treated the friars better. His faults lay in an- 
other direction, as already indicated. 

Figueroa's early relations with the diputacion, the 
last of the powers he had to conciliate, are not clearly 
recorded, but were doubtless altogether friendly. 9 
Before Figueroa's arrival some steps were taken by 
the ayuntamientos for holding primary elections, and 

lxxix. 23. Taylor, Odds and Ends, no. 14, says, with his usual inaccuracy, 
that E. died in 1852. Mrs Ord, who knew him well in California, saw him 
frequently in Mexico in 1855-6. He said that the allowance of half his pay 
as director of the college of military engineers, which he left for his wife, had 
not been paid while he was in Cal., and that he never succeeded in getting 
it. He had some oil-mills and other property on which he with difficulty 
supported himself until in 1835 providence sent an earthquake which so 
damaged certain convents and dwellings of rich men as to render his profes- 
sion of engineer very lucrative. In 1855 he was arrested for some opposition 
to Santa Anna, but soon released. In 1871 Mrs Ord made inquiries for him, 
and learned that he was dead, as were two step-daughters who had taken 
care of him in his old age. Ord, Ocurrencias, MS., 42-3. 

9 Pico, Hist. Cal., MS., 46, says that F. sent a special communication to 
each of the members, announcing the amnesty. Pico replied with a defence 
of his acts. Valk-jo, Hist. Cal., MS., ii. 200-3, relates that Osio, Alvarado, 
and himself came at once to Monterey to offer their aid in maintaining order. 
A long conference took place, and a dinner followed, and cordial relations 
never ceased between the parties. Osio, Hist. Cal., MS., 223, tells us that F. 
issued orders for an election and hastened the meeting of the diputacion. 



246 FIGUEROA'S RULE— Hf JAR AND PADRES COLONY. 

on March 24th the electors met at Monterey and 
chose four new members for the assembly, also elect- 
ing Juan Bandini as deputy to congress, with Jose 
Antonio Carrillo as substitute. 10 There is no evi- 
dence that the body as now constituted ever held any 
session, or that any session was held in 1833 at all. 
It would seem that the election of March must 
have been declared illegal, for October 15th Fiimeroa 
ordered a new election to be held according: to the 

o 

Mexican plan of Zavaleta. This election was held 
the 1st and 2d of December, at Monterey, on the 
first of which days Bandini was again elected to con- 
gress, and on the second the diputacion was renewed 
by the election of all seven members. 11 They did 
not meet until May of the following year. 

We ' have seen that a few years earlier orders had 
come from Mexico to establish a strong garrison in 
the region north of San Francisco Bay, with a view 
to protect that frontier from encroachments of for- 
eigners; but nothing had really been effected beyond 
a slight correspondence and investigation by Echean- 
dia. 12 Figueroa's instructions required him to pay 
particular attention to the same subject, it being 

10 Jan. 3, 1833, ayunt. of Los Angeles resolves to invite others to hold 
primary elections so that the new gefe may find everything ready. Lqs Ange- 
les, Arch., MS., iv. 77-8. March 21st, 24th, meetings of the partido electors 
at Monterey. The vocales elected were: 4th, J. A. Carrillo, 5th, Manuel 
Crespo, 6th, Jose' Aguila, 7th, Tiburcio Tapia; Suplentes, Josd Perez, F. J. 
Alvarado, and J. J. Vallejo. Adas de Elecciones, MS., 12-16; Dept. St. Pap., 
Aug., MS., xi. 4-5. March 23d, J. J. de la Guerra writes to his father 
that ' the enlightened ' — that is, the electors — are living so scandalousl}-— 
except his uncle Anastasio Carrillo — that 'even the English' are shocked. 
Doc. Hist. Cal., MS., iv. 961. This election left Vallejo, Ortega, and Osio as 
hold-over vocales in the 1st, 2d, and 3d places; but there was a decision 
from Mexico — Victoria's work? — dated May 17, 1832, that Vallejo as a mili- 
tary officer was not entitled to his seat. Sup>. Govt St. Pap., MS., v. 9. 

n Actas de Elecciones, MS., 16-19; Leg. Pec, MS., ii. 226-7. The 7 
vocales chosen were: 1. Carlos Carrillo, 2. Pio Pico, 3. Francisco de Haro, 4. 
Joaquin Ortega, 5. J. A. Carrillo, 6. J. A. Estudillo, 7. Jose Castro. Oct. 
15th, F.'s order for an election. Dept. St. Pap., Aug., MS., i. 134-6; x. 7- 
8. Dec. 6th, F. orders surplus municipal funds to be sent in for the dip. 
Vallejo, Dor. Hist. Cal., MS., ii. 193. Bandini had left S. Diego for Mexico 
on the Catalina with Echeandfa. Dept. St. Pap., Ben. Mil., MS., Ixxix. 23, 
25. 

12 Chap. iv. of this volume. 



NORTHERN FRONTIER. - 247 

deemed of the utmost importance that the northern 
frontier up to latitude 42° be occupied by Mexicans, 
either as settlers, soldiers, or missionaries, as soon 
as possible. Accordingly in April the governor 
announced his purpose to found a presidio. He 
ordered Alferez Vallejo to make an exploration, select 
a site, and offer lands to settlers, appealed to the mis- 
sions for aid, called in the convict laborers from pri- 
vate ranchos to work on the proposed fortifications, 
and reported his purposes to the government. The 
prefect of the northern missions, however, while fully 
approving the project, declared that no aid could be 
depended on, and so far as I can learn, nothing was 
accomplished before the end of the year. 13 

In March the governor had deemed the countrv 
pacified, and good order restored, and so reported; 
but his health was so impaired by rheumatic and 
apoplectic attacks that he asked to be relieved of his 
command. 14 His health improved, however, and from 
July to September he made a tour of the south, occu- 
pied largely in studying the condition of the missions ; 
but while at San Diego on July 24th he addressed to 
the minister of relations a confidential letter of warn- 
ing against a " clique of conceited and ignorant men" 
who were plotting to separate California from Mex- 
ico, and as a means to that end would do all in their 
power through their representative, Banclini, to se- 
cure a separation of the military and civil commands, 
and give the office of gefe politico to a Californian. 
He declared himself strongly opposed to any such 
change, which would be "the germ of eternal discord," 
as there was not a single Californian even tolerably 
qualified for the office. His warning has every ap- 
pearance of being prompted by personal ambition, 
though he disavowed any desire to retain the office 

13 Apr. 10th, 12th, F.'a letters to Garcia Diego, and Apr. loth, reply of 
the latter. St. Pap., Miss, and Colon., MS., ii. 299-308, Apr. 25th. P. Gu- 
tierrez to F. from Solano. Dept. St. Pap., MS., iii. 116. 

u March 23th, F. to min. of war. Dept. St. Pap., MS., iii. 103. 



24S FIGUEROA'S RULE— HtJAR AND PADRLS COLONY. 

himself. He knew that the charge of a plan to secede 
from Mexico was false, and his lanmia^e was severe 
and uncomplimentary, in marked contrast with that 
he was wont to use in California; but there was in 
Figueroa's character an observable element of policy 
closely verging on hypocrisy. 15 

Having returned to the capital, the governor had 
his attention engaged to some extent in October by a 
minor revolt at San Francisco, where a few soldiers, 
including the escolta at Santa Clara, attempted by 
irregular and unmilitary methods — though no force 
seems to have been used — to get rid of their coman- 
dante, Vallejo, whom they accused of ill treatment, 
chiefly in the matter of furnishing food and clothing. 
Vallejo w T as angry, and demanded the infliction of se- 
vere penalties; but a court-martial merely ordered a 
transfer of eight men to other presidios. 16 

In addition to what has been presented in this chap- 
ter, beyond the routine of official correspondence, 
much of which relating to missions, commerce, finance, 
and other general subjects will receive some attention 
elsewhere, there is nothing more to be said of events 
in California during 1833; but I deem it best to go 
on with the annals of the following year, before calling 
the attention of readers to certain important develop^ 
nients in Mexico. 

The diputacion, whose acts form a prominent ele- 
ment in the annals of 1834, assembled at the gov- 
ernor's house 17 in Monterey May 1st, with Figueroa 
in the chair as president, and all the seven vocales in 

15 July 24, 1833, F. to min. of rel. in Dept. St. Pap., Ben. Mil., MS., 
lxxxviii. 11-12. Wc shall sec later that Bandini at this very time was work- 
ing in congress for a separation of the commands. On Sept. 21st F. was at Los 
Angeles. Currillo (Z>.), Doc, MS., 79. 

"St. Pap., Sac, MS., xi. 49-54 ; Vallejo, Doc, MS., ii. 119, 178, 195. 

17 Jan. 2, 1834, Figueroa to Sec. Alvarado about furnishing a room for the 
meetings. Carpets, curtains, wall-paper, seats, etc., all deemed indispensable 
for the dignity of the body, but the most necessary articles are to be obtained 
first. An appropriation will be asked for to cover the expense. Dept. St. Pap. , 
Ben. .1/;/., lxxxviii. 19. Alvarado gives a list of needed furniture to the value 
29Q; only 810 in the box. Id., 10. 



THE DIPUTACION IN 1834. 219 

attendance except Pio Pico. I append a resume of 
proceedings at the successive sessions, as compact as 
it can be intelligibly made. 13 The president opened 

18 Sessions of the diputacion territorial of Cal. in 1834. Recorded in Leg- 
islative Records, MS., ii. May 1st, the oath was administered by the presi- 
dent; the members took their seats; and Figueroa delivered an address. 
Committees appointed: ways and means, J. A. Carrillo, Haro, and Estudillo; 
government and police, C. A. Carrillo, Pico, and Ortega; public works, Haro, 
J. A. Carrillo, and Castro; public instruction, C. A. Carrillo, J. A. Carrillo, 
and Estudillo; industry and agriculture, Ortega, Pico, and Castro; statistics, 
J. A. Carrillo, Haro, and Pico; colonization, Ortega, Castro, and Estudillo; 
vacant lands, C. A. Carrillo, Pico, and Ortega; municipal regulations, J. A. 
Carrillo, C. A. Carrillo, and Haro; roads and highways, Ortega, Castro, and 
Estudillo. Adjourned to 10 A. M. of next day. 'Alvarado, sec. Secret ses- 
sion. Information from Mex. that the European cabinets had agreed to make 
the Infante D. Francisco de Paula emperor of Mexico, with recommendations 
of Zealand vigilance. Passed to committee on govt. (p. 34-50.) May 2d, 
6 despatches from the gov., of this and the past year, some enclosing or- 
ders from Mex. on secularization, duty on otter-skins, municipal regulations 
of Monterey, and furnishing of a hall for meetings, referred to com. On mo- 
tion of Figueroa, the formation of regulations for proceedings of the dip. was 
made a subject of preference, and meanwhile Tuesday, Thursday, and Satur- 
day were to be the days of meeting. J. A. Carrillo moved to fully organize 
the ayuntamiento of Sta Barbara, and was told by the president to put his 
proposition in due form and let it take its course, (p. 51-4.) May 3d, 
25 expedientes on land grants submitted for approval and referred to com. 
A letter of C. A. Carrillo, dated in Mex. 1831, was read asking the dip. to pe- 
tition the govt for schools, and organic law, and the separation of the com- 
mands. Carrillo spoke on what he had accomplished in Mex. , and the 1st and 
2d points were referred. Communication from the ayunt. on expense of a 
road. Resignation of secretary offered on account of illness. Proposed that 
sessions begin at 10 a. m. and last 3 hours. Prop, that the comandante of 
Sta B. be deprived of judicial powers, and that 2 regidores be added to the 
ayunt., the place having 940 inhabitants — to be read three times. May 6th, 
petition of S. Diego for an ayuntamiento. Public buildings for Monterey. 
Prop, to have the mission lands surveyed, and to require inventories of mis- 
sion property. May 10th, minor municipal matters of Monterey and Branci- 
forte. Prop, to fix bounds of S. F. mission. Hours of meeting not settled. 
•The Monterey road must be 'paralyzed' for the present for want of funds; 
casus consistorinlcs and jails should have the preference — so reports the com. 
Report in favor of accepting Alvarado's resignation. Also in favor of asking 
Mex. for $2,500 per year for schools, and for an organic law. Many land 
grants approved by the com. 2d reading of various propositions, (p. 55-68.) 
May 13th, foreign lumbermen. Artillery militia. Days fixed for discussion 
of certain matters. Haro's proposition to survey mission lands discussed and 
defeated. May 15th, Mex. secularization law of Aug. 17, 1833, referred to 
com. on missions (?). Regulation of weights and measures, also of brands, con- 
sidered. Funds of Branciforte. Many minor measures postponed as belong- 
ing to general subjects to be treated as a whole. Further discussion on the 
Monterey calzada. Ortega complained of the imperfections of municipal 
govt and proposed the early formation of ordenanzas for the ayunt. Carrillo 
and Castro appointed to visit prisons, (p. 63-70. ) May 17th, many land grants 
submitted, and approved. Sec. Alvarado agrees to serve a month longer. 
May 20th, petition for fixing mission boundaries sent back to await the arrival 
of Hijar, who was coming with a special commission to regulate secularization, 
(p. 80-6.) May 22d, duties of foreigners as citizens. Land grants. Moro 
discussion on mission bounds. Report on the Monterey calzada. Mission in- 
ventories. Proposition to assign lands and to stop the slaughter of mission 



250 FIGUEROA'S RULE— Hf JAR AND PADRES COLONY. 

the sessions with an address, in which he reviewed the 
condition of the country, and the character of the 
legislation needed. In high-flown language the speaker 
predicted great prosperity, now that Spanish tyranny 
was a thing of the past, and the diputacion was at 

cattle, (p. 86-93. ) Figueroa absent on account of illness. May 24th, re- 
port of com. on missions on law of secularization. The national govt to be 
asked for instructions. May 26th, secret session called to consider the re- 
ports of a conspiracy formed by P. Duran and Capt. Guerra. Jose Maria 
Maldonado, sec. (p. 2-10.) May 27th, ayunt. of Sta 13. Dip. declines to 
call in suplente Estrada to take Pico's place, (p. 93-G.) May 30th, unim- 
portant. Figueroa very busy in preparing correspondence for Mex. by the 
Dorotea. June 3d, further discussion on secularization as per prop, of 
May 24. (p. 97-103.) June 12th, convicts. Pico's absence excused, as he was 
ill. Minor communications answered. Petitions of individuals asking privi- 
leges or redress of grievances. Land grants. Mission lands again, and slaughter 
of cattle, (p. 104-12. ) June 16th, municipal funds. Land grants. Resignation 
of Alvarado again postponed. June 17th, foreign citizens. Wild stock. First 
reading of report on municipal and legislative regulations. June 19th, land 
grants. First reading of several reports on topics already mentioned, (p. 
113-21.) June 21st, Bran c if orte affairs. Land grants. Discussion on live- 
stock regulations. Discussion on reglamento postponed until the absent mem- 
bers should arrive, (p. 121-9.) June 26th, much unfinished business. Sec. 
Alvarado again, it not being quite clear what he wanted, but he was 'exon- 
erated' from his place. His accounts and his position as contador were in 
some way involved. Long discussion on some articles of a reglamento for 
legislative proceedings, (p. 129-37.) June 28th, land grants. Discussion 
of various matters relating to municipal govt. (p. 138-41.) July 1st, Mal- 
donado elected sec. in Alvarado's place, and sworn in. Land grants. Munic. 
govt continued. July 3d, land grants. Munic. govt. Com. on ways 
and means instructed to hurry, as the dip. lacks funds, (p. 142-6.) July 
5th, 8th, land grants. A moderate slaughter of mission cattle allowed, (p. 
146-8. ) Secret session of July 8th to consider charges of malversation of mis- 
sion property against P. Anzar. (p. 10-11.) July 10th, slaughter of mission 
cattle at S. Luis Rey. Land grants. Minor reports read and days set for 
discussion. Long discussion of reports on muuic. revenues, (p. 149-63.) July 
12th-15th, 19th, 22d, some land grants and unimportant matters, (p. 
161-5.) On July 19th there was a secret (?) session, at which a prop, relating 
to administrators of missions was considered; and on July 22d, when the 
same subject was continued, (p. 11-13.) July 24th, munic. regul. and reve- 
nues, (p. 165-7.) July 26th, discussion on lands (not given). July 29th, 
articles 8-53, titles 3-6, of a reglamento for the dip. discussed and approved, 
(p. 168-80.) July 30th, land grants. Liquor tax. Completion of the regla- 
mento. Tit. 8-14, art. 54-74. (p. 181-8.) July 3lst, unimportant. Extra 
sessions on administrators of missions, July 29th; on provisional regulation 
for secularization, July 30th, 31st. 23 articles approved, (p. 13-28.) Aug. 
1st, 2<1, land grants and prop, to form an ayunt. for S. Diego and one for 
Sta B., increasing that of Los Angeles, (p. 189, 28.) Oct. 17th-18th, extra 
session to consider Hi jar's claims as gefe politico and director of colonization, 
(p. 190-6.) Pico sworn in. Oct. 22d, secret session on the same subject. 
Report of com. 13 articles approved, (p. 29-34.) Oct. 23d, 25th, 2Sth, 
30th, 31st, minor local matters. Few details, (p. 196-9.) Nov. 3d, discus- 
sion and approval on first reading on account of approaching end of the ses- 
sions, of several prop, relating to the colony and to secularization. Extra 
session in evening, action on preservation of timber. Members authorized to 
retire to their homes, (p. 199-212.) The sessions of May lst-20th arc also 
recorded in Dip!. St. Pap., Ben., MS., ii. 45-96. 



ACTS OF THE DIPUTACXOtf. 251 

liberty to resume its deliberations. There was much 
to be done. All was yet in embryo; but the speaker 
had faith that by patient effort California, if she could 
not aspire to absolute perfection, might one day figure 
at the side of Jalisco and Zacatecas ! One great ob- 
stacle had been the tendency of his predecessors to 
assume too many powers and duties for the political 
rule, as if representing an absolute government. A 
proper division of power according to the constitution 
should be effected, and the people must learn not to 
trouble the gefe politico with every petty affair. Munici- 
pal government was in a sad state of disorganization; 
local officers incompetent, and the people lacking in 
respect for the authorities. Schools were neglected; 
and there were no jails nor other public buildings 
worthy of the national honor. Municipal revenues 
were far from sufficient for necessary expenses; he 
had been obliged to borrow money to fit up a room 
for this meeting. Agricultural and stock-raising regu- 
lations and restrictions had been oppressive. He re- 
viewed the evils of the monastic despotism, and the 
measures taken and required to raise the neophytes 
from degradation, noted the necessity of certain public 
works at Monterey, and the importance of a fort on 
the northern frontier. His discourse was warmly ap- 
proved by the vocales, and he took a very prominent 
part in subsequent proceedings. 19 

The labors of the diputacion were very largely de- 
voted to the consideration of matters connected with 
the secularization of the missions, and in this respect 
will be more fully noticed in another chapter. 20 An- 
other prominent matter was that of finance and rev- 
enue, of which I shall also have something to say 
separately. 21 Grants of public lands made by the 

19 Besides the copies of the speech in Leg. Pec., MS., ii. 34-49; Dept. St. 
Pap., Ben., MS., ii. 45-50, I have also, Fiaueroa, Discurso de Apertura de 
la Diputacion Territorial en P de Mayo, 1834, MS., the author's original 
blotter copy. 

20 See chap. xi. of this volume. 

21 The reports of the com. of ways and means oh July 10th, 12th, 24th, 
2Gth, 30th, on revenue and taxation, are given in St. Pap., Miss, and Colon., 



2:2 FIGUEROA'S RULE— HIJAR AND PADRES COLONY. 

new governor in accordance with the laws were pre- 
sented for investigation and approval at nearly every 
session. To these grants attention will be given in 
the proper place. The Hijar and Padres colony, to 
be treated fully later in this chapter and in the next, 
furnished the assembly matter for discussion in the 
later sessions of the year. Action on municipal gov- 
ernment, and many minor items of legislation, will 
naturally come up more or less fully in connection 
with local annals; here it need only be stated, that 
not onl} r were the older pueblo governments perfected, 
but ayuntamientos, or town councils, were organized 
at San Diego and San Francisco, where they had 
never existed before. 22 With the abstract of proceed- 
ings already given, the references of this paragraph, 
and the mention of a grand ball given on November 
1st, at the capital, in honor of this body, 23 I dis- 
miss the legislative doings of 1834; but append at 
some length the reglameiito of the diputacion en 
resume, not only as a document of some interest and 
importance, but as the first book ever printed in Cal- 
ifornia. 24 

MS., ii. 238-53, much more fully than in the Leg. Rec. proper; and the 
results were printed in the edict of Aug. Cth. Plan, de Propios y Arb'drios 
para fondos Municipals, 1834, m Earliest Printing in Cat. I shall speau of 
financial topics for 1831-5 in chap. xiii. 

22 Leg. Rec, MS., ii. 188-9, 244-5. Figueroa's edict of Aug. 6th. Dept. St. 
Pap., Mont., MS., vi. 33. F.'s orders on boundaries. St. Pap., Miss, and 
Colon., MS., ii. 217-20; Vallejo, Doc., MS., ii. 316; xxxi. 133, 137, 140. S. 
Diego, Arch., MS., 30, 36, 56, 63. There is some dispute respecting S. F., 
but of that more elsewhere. 

23 p r i n ted invitation to this ball in Earliest Printing in Cal. 

21 Reglamento Provisional para el Gobierno interior de la Ecma Diputacion 
Territorial de la Alta California, aprobada por la misma Corporation en 
sesion de 31 de Julio del prtsente afio. Monterrey, 1S3J/.. Imprentade A. V. 
Zamorano y C a - 16mo. 16 p. I have never seen any other copy of this rare 
little work than that in my possession. It was presented to me by Carlos 
01 vera, son of Agustin 01 vera. 

Tit. i. — Installation. — Art. 1. Regular sessions will open May 1st, new 
members taking the oath before the president. 2. Sessions to close on Aug. 
31st; but the dip. will meet in extra sessions whenever convoked by the gefe 
politico. 3. Form of oath. 4. Then the pres. shall say aloud: 'The dip., etc., 
is declared legitimately constituted. ' 5. One more than half the members must 
be present for an ordinary session. 

Tit. ii. — Presidency. — Art. 6. Duties of the pres.: (1) to open and close 
the sessions; (2) to see that all observe 'orden, compostura, y silencio;' (3) 
to present all communications; (4) to determine what subjects shall be discussed, 



TOPICS OF 1834. 253 

There yet remain to be noticed in the annals of 1834 
a few detached topics before I take up the most 
prominent of all, the colony. The negotiations of 

giving preference to those of common utility except by agreement on motion of 
some vocal; (5) to give the floor alternately to the members for and against; 
(G) to call members to order; (7) to sign the records as soon as approved, and 
correspondence to the govt and to ayuntamientos; (8) to convoke extra sessions 
for serious motives. 7. If his ruling is objected to, one shall speak for and 
one against, and the majority shall debide. 8. In performing his regular 
duties, he may remain seated; but in discussion, he must ask for the floor and 
be subject to the same rules as others. 

Tit. iii. — Secretary. — Art. 9. Sec. appointed by the dip. according to law 
of June 23, 1813, receiving for the present $50 per month. 10. Duties: (1) 
to keep a record of proceedings 'laconic and clear,' without criticising 
speeches or reports; (2) to write and sign communications from the dip. ; (3) 
to insert in the acta of 1st day of each month a list of expedientes in various 
stages of advancement; (4) to lay before the dip. different subjects in the 
following order: 1st, the acta of preceding session; 2d, official communica- 
tions; 3d, private communications; 4th, propositions of members; 5th, reports 
lixed for discussion; Gth, reports for 1st reading. 

Tit. iv. — Sessions. — Art. 11. Sessions public, lasting 3 hours from 10 
A. m., and longer at the request of any member. 12. Sessions on Tuesday, 
Thursday, and Saturday, except holidays religious and secular. 13. Secret 
session following the public one whenever the subject may demand reserve. 
14. Any member may ask for a secret session, and the pres. will call it. 15. 
In a secret session will be presented: (1) confidential communications to the 
dip.; (2) ecclesiastical and religious matters; (3) other subjects which the 
pres. may deem to demand reserve. 1G. Secret sessions to begin by a discus- 
sion whether the subject recpiires such a session, and to close by asking if the 
proceedings are to be kept strictly secret. 17. Members must be present 
from beginning to end, decently dressed; be seated without preference; and 
observe the silence, decorum, and deportment corresponding to their posi- 
tion. 18. A member unable to attend for serious cause must notify the pres. ; 
but a recorded permission of the dip. is necessary for more than 3 days' ab- 
sence. 19. Such licenses cannot be granted to more than 2 members. 

Tit. v. — Motions. — Art. 20. Motions must be presented in writing, signed 
by the author, to the sec, worded like the resolution which is desired. 21. 
Every motion to be discussed as soon as made; the author will explain his 
motives, and 2 members may speak f~r and against; then it goes to the proper 
committee. 22. No prop, can be approved without first passing to the com., 
except by express consent of the dip. 

Tit. vi. — Committees. — Art. 23. To facilitate business, committees, both 
permanent and special, will be appointed to examine matters and put them 
in shape for final action. 24. The permanent committees will be on ways 
and means, colonization, vacant lands, missions, government and police, 
municipal regulations, public works, industry, public instruction, and statis- 
tics. The number may be increased or diminished by the dip. 25. The dip. 
will also classify special com. according to nature of business. 2G. The pros, 
must name permanent committees on the day of installation after adminis- 
tering the oath. 27. A com. will consist of 2 or 3 members, but may be in- 
creased by consent of the dip. 28. No member shall refuse a place assigned 
him on a com. 29. On granting leave of absence, the dip. will name mem- 
bers to replace the absentees on com. 39. The same must be done when 
members of a com. have a personal interest in the matter considered; neither 
can such interested parties vote. 31. The gefe politico, or the senior vocal 
when acting as pres.. cannot serve on com. 32. Com. must render their 
reports in writing, and conclude them with simple propositions to be voted 



254 FIGUEROA'S RULE-HlJAR AND PADRfcS COLONY. 

1833 respecting the fortification and settlement of the 
northern frontier have been mentioned. I may add 
that in the spring of that year, Vallejo had made a 

on. 33. A com. report must be signed by a majority; the dissenting member 
to give his opinion in writing. 34. Com. may call for any doc. or instruc- 
tions from territorial archives or offices, except where secrecy is required. 
35. A receipt must be given for such doc, and the}' must be promptly re- 
turned. 30. A com. may suspend action on a subject by reporting the rea- 
sons, and it will be considered in secret session. 37. A com. keeping an 
expediente in hand over 15 days must report to the pres. 38. An} 7 member 
may be present and speak in com. meetings, but without a vote. 39. The 
chairman of a com., the one first named, will be responsible for all expedientes 
delivered to him. 

Tit. vii. — Discussions. — Art. 40. Every report will have a 1st and 2d 
reading in different sessions, and discussion will immediately follow the 2d 
readiug. 41. At the hour of discussion there must be read the original mo- 
tion, the communication that gave rise to it, the com. report, and dissenting 
vote, if any. 42. The pres. will give the floor to members who ask it en pro 
6 en contra. 43. A com. report must first be discussed as a whole, and later 
each article separately. 44. Members to speak alternately for and against 
in order of asking the floor. 45. Members of the com. and the author of the 
prop, may speak three times, others only twice. 46. No one can be called to 
order except through the pres.: (1) when an article of this reg. is infringed; 
(2) when some person or corporation is iusulted. 47. Speaking of faults com- 
mitted by subordinate functionaries of the dip. is not cause for calling to 
order; but in case of calumny, the injured party retains his right to do so. 
48. No discussion to be suspended except (1) for adjournment; (2) when the 
dip. may agree to give the preference to another more important subject; (3) 
for some suspensive motion approved by the dip. 49. Any member may call 
for the reading of any law or doc. to illustrate the matter under discussion, 
but not otherwise. 50. After the speeches according to this regl., the pres. 
will direct the sec. to ask if the question has been sufficiently discussed; if so 
a vote will be taken; if not, after one member has spoken on each side, the 
question will be repeated. 51. Discussion being declared sufficient, it shall 
be asked if the report shall be voted on as a whole; if yes, being approved in 
general, a discussion of the articles separately will follow; but if it be not 
approved as a whole, the question shall be to return it to the com. for amend- 
ment or not; and if the decision be in the negative, the proposition is to be 
considered defeated. 52. The discussion on any article being closed, it will 
be approved by vote, or returned to the com. 53. A report being rejected as 
a whole or in any of its articles, the dissenting report, if any, is to be discussed. 
54. A measure having been approved may be amended by any member in 
writing before it is entered in the minutes; and the amendment being admit- 
ted shall be passed to the com.; otherwise it is to be considered as defeated. 

Tit. viii. — Voting. — Art. 55. Voting to be done in one of two ways: (1) 
by the rising of those who approve, while opponents remain seated; (2) by 
calling of names. 50. All voting to be decided by an absolute plurality of 
votes. 57. In case of a tie, a new vote is to be taken after discussion; if there 
be still a tie, the matter is to be postponed until the next session; and if there 
be still no decision, it is to be settled by lot. 58. Xo member can be excused 
from voting on matters subject to his deliberation. 

Tit. ix. — Resolutions. — Art. 59. The resolutions of the dip. shall be offi- 
cially communicated to the gefe politico wdien absent. 

Tit. x. — Ceremonial. — Art. 00. Neither pres. nor members may wear arms 
at the sess. 01. Members presenting themselves to take the oath after the 
scss. are opened must be received at the inner door of the hall by two mem- 
bers named by the pres. 02. The dip. when in sess. will attend as a body 
at religious and political ceremonies. 



PETALUMA AND SANTA ROSA. 255 

tour of inspection to Bodega and Ross; 25 and that in, 
the autumn the same officer had endeavored to begin 
in a small way settlements at Petaluma and Santa 
Rosa. Ten heads of families, fifty persons in all, 
agreed to settle at the former place, hitherto unoccu- 
pied; but the padre at San Francisco Solano, hearing 
of the project, sent a few men to build a hut and 
place a band of horses at that point in order to estab- 
lish a claim to the land as mission property. Two or 
three of the settlers remained and put in crops at 
Petaluma, Vallejo himself having ten bushels of wheat 
sown on his own account. The padre's representatives 
also remained, and the respective claims were left to 
be settled in the future. Much the same thing seems 
to have occurred at Santa Rosa, where a few settlers 
went, and to which point the padre sent two neophytes 
with some hoffs as the nucleus of a mission claim. 
All this before January 8, 1834. 28 In his speech of 

Tit. xi. — Guard. — Art. 63. The dip. will have a military guard whenever 
it may be deemed necessary. 64. The guard will be subject only to the orders 
of the pres., who shall demand it from the proper authorities. 65. Thepres. 
is to arrange the number of sentinels and report to the dip. 66. The guard 
shall form in line at the entrance and exit of the pres. ; and the sentinel must 
shoulder arms at the arrival or departure of a member. 

Tit. xii. — Treasury. — Art. 67. The surplus of municipal funds, and rev- 
enue from branches which the dip. and govt may designate, will constitute a 
fund for general expenses of the territory and the ordinary expenses of the 
dip. 68. To administer the fund, a person outside of the corporation shall be 
chosen, who, besides being of 'notorious integrity,' shall give bonds. Salary 
to be fixed by the dip. 61). The distribution of funds shall be made by the 
treasurer as he may be ordered; and he must render a monthly cash account. 

Tit. xiii. — Audience. — Art. 70. Spectators must wear uo arms, show re- 
spect and silence, and take no part in discussions by any demonstrations. 
71. Any person disturbing order will be ordered sent out by the pres.; or if 
the offense be grave, arrested and, delivered within 24 hours to the proper 
judge. 7'2. When such means do not suffice to prevent disorders, the pres. 
will adjourn the public session and continue a secret one. 73. The same 
course to be adopted when prudent measures fail to restore order when dis- 
turbed by members. 

Tit. xiv. — Observance of the Reylamento. — Art. 74. This regl. is to be ob- 
served by the dip. provisionally. 75. Its observance will be absolute when 
it shall have been approved by the federal congress. 76. The dip. may re- 
solve doubts respecting the articles, in accordance with art. 74-5, and may 
add to or amend them, reporting to congress. 

25 Vallejo's report was dated May 5, 1833. Vallejo, Doc., MS., ii. 140. All 
that remains to be said of the Prussians in California, from 1831 to 1846, will 
be found in chap, vi., yoI. iv., Hist. Cal. 

2C All that is known of this earliest occupation is contained in three letters 
of Vallejo to Figueroa, the first dated Oct. 3, 1833, in Si. Pap. Miss, and 



256 FIGUEROA'S RULE-HIJAR AND PADRES COLONY. 

May 1st to the diputacion, Figueroa mentioned the 
plan for northern settlement, but said nothing to in- 
dicate that any actual progress had been made. 27 The 
14th of May, however, he sentenced a criminal to 
serve out his term of punishment "at the new estab- 
lishment about to be founded at Santa Rosa." 23 In 
June the rancho of Petal uma was granted by the 
governor to Vallejo, and the grant approved by the 
diputacion, this being virtually an end of the mission 
claim. 29 Respecting subsequent developments of 
1834—5 in the Santa Rosa Valley, the records are not 
satisfactory; but Figueroa, hearing of the approach of 
a colony from Mexico, resolved to make some prepa- 
rations for its reception, and naturally thought of che 
northern establishment, which he resolved to visit in 
person. All that we know positively of the trip is 
that he started late in August, extended his tour to 
Ross, examined the country, selected a site, and hav- 
ing left a small force on the frontier, returned to Mon- 
terey the 12th of September. 30 To these facts there 

Colon., MS., ii. 316-17; the second, of Jan. 8, 1834, in Vallejo, Doc, MS., ii. 
211 ; and the third, merely stating that the padre had consented to the settlers' 
remaining temporarily, of Jan. 13th, in Id., ii. 218. It is in the latter letter 
that I find the name Sta Rosa applied to the region for the first time, though 
the valley had been certainly once and probably several times traversed by 
the Spaniards. There is a newspaper story to the effect that in 1820 Friar 
Aniaras (Amoros?) with a single companion wandering northward from S. 
Rafael, went up the Chocoalami stream to Lucas Point, where they baptized 
an Indian girl on the day of Sta Rosa, being driven away immediately after 
the ceremony by hostile gentiles. Gil roy Leader, March 19, 1875, and other 
papers. Fernandez, Cosas de Cal., MS., 87-8, also speaks vaguely of attempts 
in 1829 to found an establishment at Sta Rosa. It is very probable that the 
padres from S. Rafael or Solano reached this region on several occasions, and 
that the name Sta Rosa was applied from the day, during one of these visits, 
when some particular locality was explored or some notable event occurred; 
but I have found no original record of these occurrences. 

27 Leg. lice. , MS. , ii. 48. He alludes, however, rather to the foundation of 
a fort than to settlement. 

™Dcpt. St. Pap., Ben. Mil, MS., lxxvii-i. 23. 

29 Leg. Iter., MS., ii. 118-22. Vallejo's claim to Petaluma as finally con- 
firmed by the U. S. authorities rested on a later grant by Gov. Micbeltorena. 

30 This is Figueroa's own statement in his Manifesto, p. 7, except the time 
of starting, about which I know only that F. was still at Monterey on Aug. 
21st. Dept. St. Pap., MS., iii. 172. I find not a single document in any ar- 
chive bearing on the subject. Vallejo, Hist. Cal, MS., iii. 22-7; Alvarado, 
Hist. (Jul, MS., iii. 33-4; and Fernandez, Cosasde Cal, MS., 91-5, give long 
and circumstantial narratives, the last taken, as is claimed, from F.'s report to 
the min. of war, of F.'s expedition to the north, which they represent as 



PLOTS OF GUERRA, DURAjS", AND PICO. 257 

■may be added, as probably accurate, the statements of, 
several Californians, to the effect that the site selected 
was where Vahejo's settlers and the Solano neophytes 
had already erected some rude buildings, that the new 
place was named Santa Anna y Farias, in honor of 
the president and vice-president of Mexico, and that 
the settlement was abandoned next year, because the 
colonists refused to venture into a country of hostile 
Indians. 31 

An amusing episode of this year's history was a 
charge of conspiracy against "those irreconcilable foes 
of our country, Captain Don Jose de la Guerra y Norie- 
ga, Fr. Narciso Duran, Fr. Tomas Estenega, and Ser- 
geant Jose Antonio Pico." The revelation reached the 
capital May 26th by a special messenger, who brought 
letters from Angel Ramirez, Antonio M. Lugo, and 
Padre Bias Ordaz, to the effect that Duran and Gruerra 
had ridiculed often the federal system, that mysterious 
papers had been signed, that money had been trans- 
ferred from San Gabriel to Santa Barbara, and that 
the soldier Romero had been made to sign a paper by 
Pico without knowing its purport. Figueroa hast- 
ened to convene the diputacion in secret session to 
consider the momentous news. All the members were 

an Indian campaign. Vallejo at the new settlement had some trouble with 
the Satiyomes under Sucarra, and a series of bloody battles ensued. The 
Indians were defeated, losing hundreds in killed and captives; but many 
soldiers were also killed; and finally Vallejo sent to F. for aid, and he came 
in person with a largo force. The Indians were frightened and made a treaty. 
This is but a bare skeleton of the story, because, in the absence of any origi- 
nal evidence, I deem it either wholly unfounded or a gross exaggeration of 
some very trilling hostilities. If the expedition be considered a distinct and 
subsequent one from that mentioned by Figueroa, the improbabilities of the 
statements arc increased rather than diminished. Richardson, Hist. Vallejo, 
MS., and in the New Aye, and Napa Reporter, Oct. 17, 1874, tells a similar 
tale. 

31 In a letter of June 24, 1835, Figueroa alludes to a town which had been 
outlined and begun — but apparently abandoned — at Sta Rosa; but no name is 
mentioned. St. Pap., Miss, and Colon., MS., ii. 406. Vallejo, Hist. Cal., MS., 
iii. 10-11, says Zamorano surveyed the site, and F. struck the first blow. 
Juarez, Narration, MS. , 1-2, says the site of Santa Anna y Farias was on Mark 
West Creek. An article in the 8. Jos6 Pioneer, July 20, 1878, affirms that it 
was on the land of the late Henry Mizer, just where Mark West Creek de- 
bouches into the Sta Rosa plain, near a large redwood tree! Several Califor- 
nians state that F. was at the new town in the spring of 1835, but this was 
hardly possible. 

Hist. Cal., Vol. III. 17 



25S FIGUEROA'S RULE— HIJAR AND PADRES COLONY. 

in favor of decisive measures ; Jose Antonio and Car- 
los Carrillo, believing their personal influence would 
check any outbreak that might result from " ignorance 
and blind confidence in the Spanish friars," were in- 
structed to proceed to the south at once; and a com- 
mittee favored the arrest of the accused, and granted 
the governor all needed powers to act. That same 
day numerous orders were despatched southward to 
military officers. Troops were ordered from place to 
place; the general prepared to maintain at any cost 
the republican integrity of California, and Captain 
Gutierrez was intructed to arrest the conspirators and 
bring them to an immediate trial. In five days Jose 
Antonio Carrillo reported the charges unfounded. In 
August Gutierrez reported to the same effect; and 
Figueroa decided accordingly that the good fame of 
the parties involved was unimpaired. Alfred Robin- 
son gives probably the key of the mystery, when he 
states that Guerra was negotiating for the purchase 
of a ranclio, an operation requiring a search of the 
archives at San Gabriel, long conferences, and the sig- 
natures of several witnesses. It was the remark of 
one of the latter, an ignorant fellow, distorted by the 
personal enmity of certain persons, which created such 
commotion at the territorial capital. 32 

I may note in passing that the junta of partido 
electors met at Monterey October 16th— 19th, and chose 
Jose Antonio Carrillo as deputy to congress for 1 835— 
6, to succeed Bandini, who, as we shall see a little later, 
had already returned to California. Mariano G. Va- 
il ejo was elected as substitute. 33 I may further allude 
to the fact that Figueroa sent to the supreme govern- 
ment a comprehensive report on revenues and their 
administration, 34 and the kindred fact that complaints 

32 Leg. Pee. , MS. , ii. 2-10. Communications of May 26th, 27th, 31st, Aug. 
2d, Cth, in Dept. St. Pap., MS.,iii. 149-50; 170-1; De-pi. St. Pap., Ben. 2111., 
MS., lxxviii. 23-39. Robinson's Life in Cat., 157-9. 

^AetasdeE'ecriones, MS., 19-21; Guerra, Doc, MS., vii. 159-G3; Vallejo, 
Dor., MS., ii. 313, 340. 

u Figueroa, Cosas Flnancieras de Cal., 1834, MS. Dated Nov. 28th. The 
document will be noticed later. 



THE COLONY PLANNED. 259 

of destitution among the troops came in frequent! y, • 
especially from the south. Figueroa, even, could not 
feed and clothe troops to their satisfaction with tine 
words and loyal purposes. As of old, the missions 
were often called upon for supplies. 

Let us turn backward to 1833, and southward to the 
capital of the republic, where Californian affairs were 
attracting more attention perhaps than ever before. 
This was largely due to the influence of Jose Maria 
Padres, whose schemes of a few years before are fresh 
in the mind of the reader, and were by no means aban- 
doned when their author was sent out of the country 
by Victoria in 1831. He left behind a party of ar- 
dent supporters in the far north, and went away vow- 
ing to return with full powers to carry out his pro- 
posed reforms. Of his influence and actions during 
1832, and of his relations with Congressman Carrillo, 
nothing is known ; but, not being politically in sym- 
pathy with the administration, he probably kept some- 
what quiet in public and awaited his time. Privately, 
however, he was loud and enthusiastic in his praises 
of California, and labored earnestly to interest his 
friends in that country as a field for colonization. 
Many were led to regard his plans with favor, the most 
prominent of the number being Jose Maria Hfjar, a 
gentleman of property, influence, and reputation. By 
the spring of 1833, the two had devised a project of 
taking a colony to California, and had made some 
progress toward its realization. 

Now fortune began to smile on the empresarios 
most remarkably. In April Valentin Gomez Farias, 
a warm personal and political friend of Padres, and 
perhaps already interested in his scheme, was elected 
vice-president, and became acting president on the 
retirement of Santa Anna. Soon, perhaps in June, 
there came the news that Figueroa was ill and de- 
sired to be relieved of office, which would throw the 
military command into the hands of Padres himself, he 



200 FIGUEROA'S RULE— HIJAR AND PADRES COLONY. 

9,s ayudante inspector being already second in rank. 35 
Better still, be succeeded through bis influence with 
the president .in obtaining for bis associate Hijar on 
Juty 15th the appointment of gcfe politico. 36 Next 
day the same man was appointed director of coloniza- 
tion, or of the colony in process of organization, and of 
the new establishments to be founded in California. 
He was to receive a salary of $1,000, in addition to 
that of $3,000 for his services as political chief, and lie 
might name a secretary to receive $1,500. 37 Padres 
himself, by the minister of relations, at what date does 
not appear, was made sub-director. About this time 
there appeared on the scene to represent California 
in congress a new deputy to take the place of Car- 
rillo — none other than Juan Bandini, who as luck 
would have it was one of Padres' northern disciples, 
and who lost no time in identifying himself with the 
new schemes. 3S Largely by influence of the com- 
bination, the law of August 17, 1833, was passed, 

35 July 12, 1833, Padres ordered to assume the command if his chief should 
continue disabled on his arrival. St. Pap., Miss, and Colon., MS., ii. 288; Fi- 
gueroa, Manifesto, 4. Sept. 12th, Com. gen. announces that P. is ordered to 
Cal. to take command if F.'s illness continues. Dept. St. Pap., Ben. Com. and 
Treas. t MS., ii. 57. The order was answered by F. on July 18, 1834, by a 
statement that his health was restored. 

30 July 15, 1832, Garcia to Figueroa, who was at his own request relieved 
with thanks for his faithful services. St. Pap., Miss, and Colon., MS., ii. 
236-7; Figueroa, Manifesto, 5-6. This was received in February, and answered 
on May 18, 1834, of course with a promise to deliver the office to Hijar on his 
arrival. 

37 July 16, 1833, Garcia to Hijar. St. Pap., Miss, and Colon., MS., ii. 
207-9. Sept. 17th, Com. gen. Mcndoza at Arizpe to Sub-corn. Herrera, an- 
nouncing Hijar's appointments and salary. 

38 Bandini. it will be remembered, had been elected in March.. May 7th, ad- 
ministrator of customs at Monterey could giveB. only $100 of $400 due him as 
dielas. Dept. St. Pap., Ben. Cvst.-IL, MS., ii. 13. He had sailed from S. Diego 
in May 1833. July 29th, a bill by Bandini in 10 articles on the favorite sub- 
ject of dividing the commands and granting an organic law received its first 
reading in congress. St. Pap., Sac., MS., xviii. 51-3. It will be remembered 
that this same month, at S. Diego, Figueroa wrote an argument against the 
measure and a warning against B.'s revolutionary schemes. Aug. 6th, Bandini 
announces to the Calif ornians that he has assumed his functions and will do 
all in his power for their interests, the national authorities being well dis- 
posed. l)2pt. St. Pap., Aug., MS., x. 5. The announcement took the form 
of a printed address to his constituents, preserved also in the Pioneer Soc. 
Library, S. Francisco. Of Carrillo I hear nothing in 1833, except that on Jan. 
27th, perhaps as he was starting homeward, the comisario was ordered to pay 
him $3,000 for viaticos. Dept. St. Pap., Ben. Com. and Treas., MS., ii. 64; 
and in 1834, S500 was paid him on the account. Id., Ben. Mil, MS., lxxxi. 4. 



GOOD FORTUNE AT THE BEGINNING. 231 

requiring 1 immediate secularization of the missions; 
and a supplementary decree of November 2Gth au- 
thorized the adoption of such measures as might be 
necessary to assure colonization and carry seculariza- 
tion into effect, using "in the most convenient man- 
ner the revenues of the pious fund to furnish resources 
for the commission and the families now in this cap- 
ital bound for that territory*" 39 I may add that be- 
sides the vice-president, the diputado from California, 
the territorial gefe politico, arid the prospective co- 
mandante general, Padres numbered among the ad- 
herents of his plan our old friends Jose Maria Her- 
rera, now re-appointed sub-comisario of revenues, and 
Angel Ramirez, w T ho was sent to take charge of the 
Monterey custom-house. Truly, the ayudante inspect- 
or's star was in the ascendant, all obstacles to the 
success of his schemes, whatever those schemes were, 
being apparently removed. 

Respecting the organization of the colony itself, 
we have but little of original record. The terms of- 
fered were $10 to each family at the start, transporta- 
tion by land to San Bias, three reals per day to each 
person for rations during the march, free passage by sea 
from San Bias to California, a farm from the public 
lands for each man, rations to the amount of four reals 
per day to each adult and two reals to each child for a 
year, and a certain amount of live-stock and tools — all 
the aid received after arrival, apparently in the nature 
of an advance, to be repaid by the colonists later. The 
system did not differ materially from that under 
which earlier colonists had come to California. 40 The 

39 Copies of the secularization decrees of Aug. 17th and Nov. 26th will 
be given in chap. xi. Figueroa's regulations of Aug. 9, 1834, were in accord- 
ance with the former. 

40 The 810 advance, 37.5 cents for travelling, and free passage by sea, are 
mentioned in Hijar's original appointment. St. Pap., Miss, and Colon., MS., 
ii. 207-8. Most of the colonists in their statements say that the allowance 
for food, etc., on the march was 50 and 25 cents. Accounts rendered in Nov. 
1S34 show the ration in C'al. to have been 50 cents, and 25 cents to children 
under 4 years; and the advance of live-stock to have been 4 cows, 2 yoke of 
oxen, 10 horses, and 4 sheep to each man. Implements included 2 ploughs and 
a variety of shovels, axes, hoes, crow-bars, etc. Id., ii. 274-80. See also 
Hijar's instructions, to be mentioned later. 



2G2 FIGUEROA'S RULE— HIJAR AND PADRES COLOXY. 

result was, that more than 250 persons were enlisted, 
of whom 204 — 99 men, 55 women, and 50 children — 
were entitled to rations and othgr aid after their ar- 
rival in the promised land. 

Hfjar and Padres, like other colonization agents 
in all times and countries, painted the attractions 
of the country in bright colors. Then, as in much 
later times, California was represented, in respect of 
climate and other natural advantages, as an earthly 
paradise. There is little evidence, however, that these 
men made false promises, or went far beyond the 
limits of honest enthusiasm. Some of the Californi- 
ans speak of promises to distribute the mission wealth, 
including the neophytes as servants; of promised op- 
portunities to gain an easy fortune by employing na- 
tive otter-hunters and pearl-seekers, or to live luxuri- 
ously in idleness; and of other inducements equally 
absurd and false; but the testimony of respectable 
citizens who were members of the colony does not con- 
firm these theories. Again, it has been the fashion 
to ridicule the material of which the colony was com- 
posed, 41 as having been altogether unfit for colonists. 
The truth is, that the men were of a class far superior 
to any that had before been sent as settlers to Cali- 
fornia. Many were educated, some had property, and 
all had a trade or profession. There was a notable 
absence of the low and criminal classes of Mexicans; 
and the subsequent record of those who remained in 
the country was favorable. True, they came mostly 
from the city, and the number of artisans was some- 
what too predominant over that of agriculturists; yet 
such farm laborers as could have been obtained from 

41 The colony contained 19 farmers, 11 painters, 12 seamstresses, 8 carpen- 
ters, 8 tailors, 5 shoemakers, 5 tinners, 5 silversmiths, 2 hatters, 2 physi- 
cians, 2 barbers, 2 saddlers, 2 blacksmiths, 2 printers, 2 goldsmiths, and also 
a mathematician, gardener, surgeon, machinist, ribbon-maker, rebozo-makor, 
midwife, distiller, candy-maker, vermicelli-maker, navigator, founder, pork- 
man, musician, vintager, apothecary, boatman, and carriage-maker, St. Pop., 
Miss and Colon., MS., ii. 275-G, besides G teachers and the officers. Forbes, 
Hist. Cal., 142-3, says they were of every class except that which would 
have been useful — artisans and idlers, but not a single farmer — 'goldsmiths 
proceeding to a country where no gold or silver existed,' etc. 



COMPA^IA COSMOPOLITANA. 263 

the Mexican provinces would not have done so well 
by far, either for themselves or for California. 42 

In connection with the colonization project, a com- 
mercial company was formed, with the colony leaders 
and other prominent men as partners, about which 
little is known, except that it was called the Com- 
pania Cosmopolitana, and that its object was to pur- 
chase a vessel and engage in the exportation of Cal- 
ifornian products. Of course it was only by some 
such commercial scheme that the empresarios could 
legitimately hope for profit beyond the salaries of a 
few officials; and it is very certain that a patriotic 
desire to develop the resources of California was not 
their sole motive. General An ay a is said to have 
been president, and Juan Bandini vice-president, of 
the company. Agents were sent to Acapulco to pur- 
chase a vessel, securing the brig Natalia, to be paid for 
in tallow. 43 A considerable sum was to be received 
from the government for transportation; effects to 
a certain amount could be smuggled on the first trip ; 

42 Among those who came with the colony and have been more or less well 
known and prominent as citizens may be mentioned Ignacio Coronel and fam- 
ily, Agustin Olvera, Jos6 Abrego, Victor Prudon, Francisco Guerrero, Jesus 
No6, Mariano Bonilla, Zenon Fernandez, Auguste Janssens, Florencio Ser- 
rano, Jos6 M a Covarrubias, Jose de la Rosa, Gumesindo Flores, Francisco 
Castillo Negrete, Fran. Ocampo, Nicanor Estrada, Juan X. Ayala, Simon 
O'Donoju, and Chas. Baric. 

i3 The brig Natalia was sold on June 21, 1834, by Miguel Palacios at Aca- 
pulco, to Bandini and other agents of the company for 7, '200 arrobas of tallow 
payable in Cal. ; and Jose Noriega was sent in her as supercargo to represent 
Palacios and receive the purchase value. He was to receive from the co. $50 
per month and his expenses until his return to Acapulco. The vessel, as we 
shall see, was wrecked at Monterey; and as late as 1841 Noriega, who lived 
and afterwards died in Cal., had received neither his salary nor any part of 
the promised tallow, though there had been some legal proceedings in the 
matter. Letters of Noriega to Guerra, in Doc. Hist. Cal., MS., iv. 1003-4, 
1197-9. Bandini, Hist. Cal., MS., G4-G, says Anaya, afterwards president of 
Mexico, was president and himself vice-president; and he states that besides 
Hijar and Padres, Judge Castillo Negretc and Sub-comisario Hcrrera were part- 
ners, as were several respectable Mexican merchants. He says the vessel 'was 
paid for, and that without any mission tallow' (?). Ministers Lombardo and 
Garcia, Vice-president Farias, and other prominent officials are named as 
partners by some Californians, perhaps without any authority. According to 
Jcse Abrego — letters in Vallcjo, Doc, MS., xxxi. 132; and in Garcia, Apunte, 
MS., (appendix) — shares in the co. were $1C0 each; himself with Bandini 
and Oliver (Olvera?) were sent to Acapulco to receive the Natalia; and the 
price was to be .$14,000. Bandini says that the doings of the company were 
published in the daily Fenix early in 1834. 



264 FIGUEROA'S RULE— Hi JAR AND PADRES COLONY. 

it was not doubted that the Natalia could be made to 
pay for herself; and it was hoped that such a monop- 
oly of a growing California trade might be secured 
as to justify the purchase of other vessels and enrich 
the partners. So far as is apparent, the paid-up 
capital of the Compania Cosmopolitana was nothing. 

It has been supposed that there were also con- 
nected with the colony certain mysterious schemes of 
a political nature, by which Gomez Farias hoped, in 
case his administration should be overthrown, to find 
in California a refuge for himself and his political 
friends, a stronghold from which as a centre to work 
for a restoration of his power in Mexico, or at the last, 
a rich province where he and his partisans might live 
in affluence and security. There is some slight evi- 
dence, as we shall see, that suspicions of this kind 
were entertained in Mexico; but I deem them for 
the most part unfounded; though the vice-president 
may very likely have deemed it desirable to put even 
so distant a territory as California under the control 
of his political friends. 44 

Vallcjo, Osio, Alvarado, and other Californians who 
more or less fully reflect their views, denounce the 
wdiole colonization plan of Hijar and Padres as a de- 
liberately concocted plot to plunder the missions under 
the protection of the highest political and military au- 
thorities, who were themselves to share the spoils. 
This is to go much further than is justified by the 
evidence. The enterprise of Hijar and Padres was 
on its face a legitimate one. Colonization had longr 
been regarded by intelligent men as a measure of ab- 
solute necessity for California's welfare, and the im- 
policy and impossibility of attempting to continue the 
old monastico-missionary regime was equally appar- 
ent. The objects ostensibly were praiseworthy; the 

44 Antonio Coronel, Corns de Cal., MS., 13, says he has never been able to 
trace the rumors of political plots to any reliable source; though Florcncio 

' : uks there were circumstances that indicated 

an intention to dcclaro Cal. independent of Mexico in certain contingencies. 



MERITS OF THE SCHEME. 2G5 

methods lawful, and the good fortune of Padres in se- 
curing the aid of the government was not in itself an 
evidence of corruption. " As a matter of course, the 
empresarios intended to make money; it was certainly 
not wise to intrust to them such unlimited powers, 
and it is quite likely that such powers w r ould have 
been abused by them had they been able to carry out 
their plans. It is perhaps well for their reputation 
that they were not submitted to the temptation ; but 
they are entitled to the benefit of the doubt; and in 
view of subsequent developments charges of contem- 
plated robbery do not altogether become the party 
which largely controlled the final disposition of the 
mission estates. 45 

The rendezvous of the colonists at the capital was 
at the abandoned convent of San Camilo, where a 
grand ball was given just before the departure, in 
April 1834. Among the lower classes of the Mexican 
population — the leperos — there seems to have pre- 
vailed an idea that California was a land inhabited 
exclusively by savage Indians and Mexican convicts, 
and that families from the capital were being in some 
w T ay deceived or exiled to that dangerous country 
against their will. Janssens, Coronel, Abrego, Hijar, 
and others agree that hostile demonstrations were made 
by the mob, which attempted to prevent the departure 
of the colonists. I think this action was one not likely 
to have originated with the leperos, but that it must 
have been prompted by persons, possibly the friars, 

45 Alvarado, Hist. CaL, MS., ii. 223-30, is particularly violent in his de- 
nunciation and ridicule, giving full credence to every rumored accusation 
against Hijar and Padre's, of deception towards the colonists, of schemes of 
plunder, and of political plots. Osio, Hist. Gal., MS., 224-30; and Vallojo, 
Hist. CaL, MS., ii. 309-10, 349-50. take substantially the same view. The 
animus of these writers on the subject will be more apparent later. By writers 
generally who have mentioned the colony the scheme has been more or less 
emphatically condemned, by most on account of the supposed worthless char- 
acter of the colonists, by some on account of its connection with seculariza- 
tion, and by others because of the personal and political aims of the promoters. 
Naturally Juan Bandini, Hist. CaL, MS., 59-00, is an earnest defender of the 
project. Vallc, Lo Pasado de CaL, MS., 40-1; and Machado, Tiempos Pasa- 
d r >s, MS., 31, state that Bandini was commonly regarded in southern Cali- 
fornia as the author of the scheme. 



200 FIGUEROA'S RULE— HIJAR AND PADRES COLONY. 

who were interested in opposing the enterprise. A 
company of mounted policemen was furnished by 
the government to restrain the hostile element, and 
the emigrants started in April 1834 on their long 
journey — the men on horseback and the women and 
children in large covered carts drawn by mules — and 
proceeded the first day to Tecpantla. 46 

The march to the sea, as remembered by members 
of the expedition, was attended by no special hard- 
ships or incidents requiring mention, the travellers 
being hospitably received everywhere along the route, 
at some towns even with public demonstrations of wel- 
come and good- will. There was a delay of some 
weeks at Guadalajara, and a still longer stay at Topic. 
It is said that on account of difficulties in obtaining 
prompt payment of government funds, Hijar was 
compelled to raise money by mortgaging his estates in 
Jalisco; 47 but there is a notable lack in the archives 
of all information respecting the finances of the colony. 
On Jul}' 20th the company left Tepic for San Bias, 
where two or three days later a part went on board 
the Natalia, to avoid the mosquitoes, as Janssens says. 
Nine days later the Morelos arrived and the rest of 
the colonists embarked. There had been some deser- 
tions, as well as a few enlistments, en route, and at 
their first sight of the ocean still others lost heart 
and turned back; but some 250 proceeded on the 
voyage. 

On the 1st of August, probably, the two vessels set 
sail. The Cosmopolitan Company's brig Natalia had 
on board Hijar, Bandini, and the naval officer Buena- 
ventura Araujo, and her commander was Juan Gomez. 

4G Bustamante, Voz de la Patria, MS. , ix. 4-6, says they started, 400 in 
number, April 14th, after committing many excesses. Hijar's instructions, 
to be noticed later, were dated April 23d, which was x>robably very nearly the 
date of departure. 

47 The salaries of Ili'jar and Padre's had been paid in Mexico down to the 
time of departure. JJcpt. St. Pap., Ben. MIL, MS., lxxix. 0-1, 77. July 20, 
1833 (4?), an estimate of expenses for surveying instruments and travelling ex- 
penses for two commissioners and six teachers, with their families, to amount 
►,985, was approved and sent to sul>co:nisario of California. Dept. St. Pap., 
Ben. Com. and 2 f reas. % ii. 47-50. 



ARRIVAL OF THE COLONISTS. 267 

On the national corvette-of-war Morelos, Captain 
Lucas Manso, were Padres, Judge Castillo Negrete, 
the new asesor, Cosine Pena, and Sub-comisario Her- 
rera. A day or two out of port the vessels were 
separated. The Natalia, the faster sailer of the two, 
was struck by a squall off Cape San Lucas and had 
a somewhat narrow escape. There was also much 
sickness, resulting in severahdeaths. 48 The brig was 
bound for Monterey, but in view of the sickness on 
board the commander was induced by Bandini, and 
by Hijar who was himself very sea-sick, to put in at 
San Diego, where she anchored the 1st of September. 49 
The new-comers were hospitably received at San 
Diego, the officers and prominent individuals being the 
guests of Bandini and his friends, while the rest were 
distributed at various private houses or lodged in 
tents and warehouses. In a few days a vessel in port 
took about half the number up to San Pedro, whence 
they went inland to San Gabriel. Most of the rest 
soon went up to San Luis Rey. At these two missions 
they remained for a month and more, and then — ex- 
cept those who established themselves permanently in 
different parts of the south — started toward the north- 
ern frontier, passing in small detachments from mis- 
sion to mission, and receiving nothing but kind treat- 
ment from padres, administrators, settlers, and neo- 
phytes. 50 The Natalia, after having perhaps been 

iS Hijar, nephew of Jose" Maria, California en 1836, MS., p. 110-12, speaks 
of troubles between Gomez and Araujo on the voyage, in connection with 
which the latter at one time forcibly assumed the command. Janssens gives 
some details of the gale. 

id Dept. St. Pap., MS., iii. 172-3; iv. 72-5. One record makes the num- 
ber of passengers 129 and another 140. Martin Cabello came on the Natalia, 
to be receptor of customs at S. Diego. Hijar speaks of a banquet at the 
house of Bandini. Serrano says that for two days the families were sheltered 
in the hide-houses on the beach and fed by the foreign owners of those houses. 
Machado thinks that they were detained in cmarantine for fear of the measles, 
at a spot called Huisache, for a time. Several died and were buried at the 
mission. Janssens notes the kindness of the San Diegans, who would take 
no pay from the colonists for entertainment. 

50 Janssens is the only one who mentions the sea- trip to S. Pedro. Hijar 
notes a long stay at Sta Barbara; a division at S. Luis Obispo, one party 
being bound for Monterey and the other to Sonoma, and the fact that many 
remained at the different missions, including himself and seven companions at 



2GS FIGUEROA'S RULE— HtJAR AND PADRES COLONY. 

aground for a time at San Diego, sailed north with 
the effects of the colony. Lying at anchor in Monte- 
rey, she broke her cables in a gale on the afternoon 
of December 21st, and was driven on the beach about 
two miles above the town, where she soon went to 
pieces. Three men lost their lives. 51 

There is a popular tradition that the Natalia was 
the same vessel on which Napoleon had escaped from 
Elba, in 1815. This statement is repeated by almost 
every writer who has mentioned the colony. No 
one presents any evidence in its support, but I am 
not able to prove its inaccuracy. 52 

The Morelos, with Padres and the rest of the colo- 
nists, 120 in number, also had a narrow escape from 
shipwreck in a gale off Point Concepcion, according 
to the statement of Antonio Coronel; but she arrived 
safely at Monterey on September 25th, and the new- 
comers were as warmly welcomed at the capital as 

S. Juan Bautista. Serrano says some of the colonists endured great hard- 
ships on the way north, and that he and others determined to quit the colony 
and look out for themselves. Hijar also tells us that the colonists made firm 
friends of the neophytes as they passed along, by kind treatment and by 
sympathy for their sufferings under missionary tyranny. Moreover, Araujo, 
in a letter of Sept. 18th to Hijar, the director, says: 'I have already 
predisposed them [the neophytes] in our favor, explaining to them as well as I 
could how philosophically we are armed,' etc. Guerra, Doc, MS., vi. 154. 
Pico, Acontecimientos, MS., 25, recalls the arrival at Purisima, whence he 
helped convey them to S. Luis. Oct. 20th, Lieut-col. Gutierrez informs 
Figueroa that some of the colonists had done good service in quelling Indian 
disturbances. They were thanked in the name of the govt. St. Pap. , Miss, and 
Colon., MS., ii. 281. 

51 Peeord of day, hour, and place in De.pt. St. Pap., Ben. Mil., MS., lxxix. 
73-4. Janssens, Vida, MS., 41-4, gives a vivid description of the disaster 
and the efforts of the Montereyans to rescue the officers and crew. In these 
efforts a negro servant of Joaquin Gomez particularly distinguished himself, 
saving several lives by his own exertions. A part of the cargo was Mashed 
ashore, and much of it was stolen despite the efforts of a guard. The cook 
and two sailors were drowned, and the mate Cuevas was badly hurt. Hijar, 
< '«/. en 183G, MS., 123-8, also gives some details. Many newspaper writers, 
perhaps following Taylor in Pacific Monthly, xi. G4S-9, have stated since 
1SG0 that parts of the wreck were still visible, having furnished building- 
material for over 30 years to the people of Monterey. One piece of news- 
paper eloquence, in 1878, when the timbers were still visible, merits quota- 
tion. ' The company, like the brig Natalia which brought them here, was 
wrecked, and the ribs of its records, like those of the old brig, can only be 
seen in the ebb of the tide of the present back to the beginning of the history 
of Sonoma County.' Sac. Record-Union, June 25, 1878. 

" Hijar says that a French captain who visited the coast in 1846 declared 
the identity, and I think it likely that the tradition has no better foundation. 



RECEPTION OF THE MEXICANS. 269 

their companions had been at San Diego. 53 They 
also started northward before the end of the year, 
their destination being San Francisco Solano, though 
we have but little information respecting their exact 
movements at this time. Of the reception accorded 
to the directors, of the obstacles encountered by Hijar 
and Padres, and of some rather interesting political 
complications, I shall speak in the following chapter. 54 

53 The date of arrival is given in Figueroa, Manifesto, 8. Sept. 26th, 
Padres announced his arrival with 120 colonists, who intended to settle north 
of S. Francisco Bay. Dept. St. Pap., Ben. Com. and Treas., MS., iii. 43-4. 
On Sept. 12th, a demand for grain had been sent to Sta Cruz in expectation 
that the vessels would arrive in a few days. Sta Cruz Bee, MS., 22. Coro- 
nel, Cosas, MS., 9-10, says that the inhabitants vied with each other in their 
kindness and hospitality to the strangers. Alvarado, Hist. Cat., MS., ii. 
230-2, tells us that Padre's, ' factotum, monopolizador general, y consejero 
supremo,' was at first warmly welcomed by his old friends and partisans, of 
whom the writer was one. He tells also an absurd story of a mortifying 
incident that occurred. Two ladies came off' in the boat with Padres, expect- 
ing to see nobody in Cal. except soldiers, friars, convicts closely guarded, and 
Indians ready to become their servants. As they drew near the shore, they 
beheld two beautiful and well-clad ladies of Monterey in the crowd awaiting 
them, and said, 'Sr Padres, how is it possible that these girls can be our ser- 
vants? We look as much like servants as they.' Padres bit his lip, and the 
ladies insisted on returning to the ship to 'dress up ' before landing. Nov. 1st, 
a ball was given, partly in honor of the colonists, and partly of the diputacion. 
Earliest Printing in Cal. Dec. 13th the Morelos was still in port. Manso 
in command; Lieutenants Valle, Anaya, and Azcona; 2 'aspirantes,' 3 mates, 
2 mechanics, 7 gunners, and 7 boys. Dept. St. Pap., Ben. Mil., MS., lxxix. 
85. 

54 My statements of Calif ornians on the Hijar and Padres colony, in addi- 
tion to documentary authorities, are the following, the same being cited on 
particular phases of the subject only for special reasons: Janssens, Vida, MS., 
7-59; Coronel, Cosas, MS., 1-17; Ilijar, Cal. en 183G, MS., 2-11, 59-62, 108- 
12; Serrano, Apnntes, MS., 1-12, 24-7; Abreqo, in Vallejo, Doc, MS., xxxi. 
132, and in Garcia, Apunte, append., MS.; Vega, Vida, MS., 8-17; Bandini, 
J list., MS., 59-66, 76. The preceding were all written by men who came 
with the colony; the following by men who with a few exceptions had per- 
sonal knowledge of the subject: Oslo, Hist. Cal., MS., 225-40; Alvarado, 
hist. Cal, MS., ii. 223-45; iii. 1-5, 27-33; Vallejo, Hist. Cal., MS., ii. 222-3, 
272-4, 306, 309-10, 349-51; Vallejo, Bemuds., MS., 43-56; Fernandez, Cosas, 
MS., 71-86; Pinto, Apunt., MS., 3-6; Pico, Acont., MS., 25-6; Machado, 
Tiempos Pasados, MS., 30-1; Gcdindo, Apnntes, MS., 28-31; Botello, Ancdes, 
MS., 15-17, 176; Ord, Ocurrencias, MS., 63-8; Gomez, Lo que Sabc, MS., 
375-9; Larios, Convulsiones, MS., 13-14; Avila, Notas, MS., 10-11; Pico, 
Hist. Cal., MS., 49-55; Espinosa, Apuntes, MS., 1-2; Torre, Bemin., MS., 48; 
Amador, Mem., MS., 138-42; Gonzalez, Bevol, MS., 4-6; Valle, Lo Pasado, 
MS., 11-14; Castro, Bel, MS., 31-5; Arce, Mem., MS., 3-5: Marsh's Letter, 
MS., 5-6; Brown's Statement, MS., 9-10; Green's Life and Advcn., MS., 29. 

The printed mentions of the subject arc found in Figueroa, Manifesto; 
Forbes, Hist., 142-5; Wilkes' Narr., v. 174; Petit- Thouars, Voy., ii. 89; Mo- 
fras, Kxplor., i. 295-6; San Miguel, La, Bepub. Mex., Parte Ecles., 18-21; 
Bosa, Ensayo, 30-1; Bandolph's Oration; Payno in Bevista Cientifica, i. 83; 
Bobinson's Life in Cal., 161-7; Tuthill's Hist. Cal., 136-9; Ferry, Calif or nie, 
18-19; Mora, Otras Sueltas, i. eclviii.-ix. 



CHAPTER X. 

FIGUEROA, CASTRO, AXD GUTIERREZ— THE COLONY. 

1S34-1S35. 

Santa Anna Orders Figtteroa not to Give up the Command to Hijar — 
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 Direct- 
ors — Aid to the Colonists— At Solano — New Quarrel — Rumored 
Plots — Revolt of Apalategui and Torres — Pronunciamiento of the 
Sonorans — Surrender — Legal Proceedings — Figueroa's Orders — 
Seizure of Arms at Sonoma — Arrest of Verduzco and Lara — Exile 
of Hijar and Padres — Figueroa's Manifiesto — Sessions of the 
Diputacion— Carrillo in Congress — Los Angeles Made Capital- 
Foundation of Sonoma — Death of Figueroa — Life and Character — 
Castro Gefe Politico — Gutierrez Comasdante General — Estu- 
dillo's Claims. 

Thus far all had gone well with the erapresarios, 
but obstacles were now encountered that were destined 
to prove insurmountable. The first and most serious 
had its origin in Mexico. On the 25th of July, 1834, 
some six days before the colony sailed, President 
Santa Anna, having taken the reins of government 
into his own hands in place of Vice-president Gomez 
Farias, issued an order to Figueroa not to give up the 
office of gefe politico to Hijar on his arrival, in Cali- 
fornia, as he had been ordered, and had promised to 
do. 1 We have no official information respecting the 
motive that prompted this countermand; but there 
can be no doubt that Santa Anna regarded as excess- 

1 Figueroa, Manifesto, 7-8. Order transcribed to com. of S. Francisco on 
Oct. 21st Vallcjo, Doc, MS., ii. 314. The order is: In answer to yours of 
May 18th, 'ha dispuesto S. E. conteste a V. S. que no entregue el citado mando 
y continue desempeSando la Gefatura.' Lombardo. 

(270) 



COUNTERMAND FROM MEXICO. 271 

ive the powers conceded to the empresarios, and that 
he was actuated by a suspicion, not so well founded 
but perhaps even more potent than the former motive, 
that political and revolutionary plans in the interest 
of Gomez Farias were involved in the scheme. There 
was no lack of persons in Mexico whose policy it was 
to foment this suspicion, without regard to its accu- 
racy. Abrego and Osio affirm that the directors sailed 
from San Bias in defiance of orders from Mexico to 
delay the departure of the colony;, but I believe this 
to be an error. 2 

The countermand of July 25th was sent to Califor- 
nia in all haste overland by a special courier, who 
placed it in Figueroa's hands near Monterey the 11th 
of September, and with it another despatch from 
Hijar at San Diego, announcing his arrival at that 
port on the 1st. The trip was much the quickest on 
record between the national and territorial capitals, 
and the fame of that courier who braved the terrors 
of Indians, deserts, and starvation, coming alone by 
way of the Colorado, has never ceased to be talked of 
in Californian families. 3 Governor Figueroa had re- 

2 Osio, Hist. Cal, MS., 229-30; Abrerjo, Cartas, MS. Bandini, Hist. Cal, 
MS., Gl-4, denounces it as a strange and arbitrary act to annul the appoint- 
ment without giving ] easons, and thus to create confusion in the important 
matter of colonization. Vallejo (J. J.), Remm., MS., 46-8, understands that 
Santa Anna's order was prompted by the friars. After the order was issued, on 
Sept. 30th, the com. gen. of Jalisco sent to Mexico the statement of the sur- 
veyor Lobato left at Tepic, that Padres had repeatedly threatened in case of 
any change in Mexico to make Cal. independent or annex it to the U. S. 
Sup. Govt St. Pap., MS., x. 4-5. 

3 Figueroa, Mani/iesto, 7-8, mentions the receipt of the despatches on Sept. 
11th. Most state that the time made was 40 instead of 48 days. Osio says 
the man was detained by the Indians at the Colorado, who threatened to kill 
him, but at last built him a balsa to cross the river in exchange for his horse, 
equipments, and most of his clothing. He nearly perished on the way to 
S. Luis Rey, being 3 days without water. His reward was $3,000. Serrano 
relates that Lieut Araujo by an ambush captured the courier near S. Gabriel, 
and took him to Hijar, who was urged to hurry to Monterey and secure his 
office; but he refused to resort to such expedients, and released the captive. 
Amador says the man was Rafael Amador, his cousin. Torre states that the 
courier arrived about lip. M. at Monterey, and was welcomed by the firing 
of cannon. Espinosa was one of the escort furnished by Lieut Valle to guard 
the man northward from Monterey to meet Figueroa. He describes his 
dress, notes the feasts given in his honor, and says Figueroa gave him 4 mules 
on his departure. Valle also mentions having furnished the escort for the 
trip towards Sta Rosa. Vega was .told the man had at first mistaken his des- 



272 FIGUEROA, CASTKO, AND GUTIERREZ— THE COLONY. 

ceived no official notice respecting the colonists, but lie 
had deemed it best to make preparations for their ar- 
rival, and with that object in view had visited the Santa 
Rosa Valley, as already related, and there selected a 
site for the new town. It was on his return, one 
day's journey before reaching the capital, that he 
received the countermand from Mexico. He sent to 
Santa Cruz and other places for such supplies as could 
be furnished, and aw T aited the arrival of the colonists. 
It may be here stated that secularization had been 
already begun in accordance with the law of 1833 and 
regulations of 1834; and several of the missions were 
in charge of administrators. 

The Morelos entered the harbor on September 25th, 
and the immigrants, as we have seen, were made as 
comfortable as possible. Padres at first claimed the 
position of comandante general, but of course in vain, 
since his claim was conditional on Figueroa's illness; 4 
then he presented his appointment as sub-director of 
colonization and officially demanded aid for his colo- 
nists. The situation was embarrassing. In the ab- 
sence of instructions to the contrary from the war 
department, Padres as ayudante inspector was Figue- 
roa's subordinate officer, notwithstanding his appoint- 
ment of sub-director from the minister of relations; 
and there was no legal authority for expending public 
funds for the support of the colony. So confident had 
been the directors in the success of their plan in 
every detail, that they had made no provision for the 
slightest contretemps. There was, however, as yet no 
controversy. 

The 14th of October Hijar arrived by land from 
San Diego, and after the customary courtesies of re- 

tination and gone to Monterey in N. Leon. Gonzalez recalls the meeting of 
the courier and Figueroa at the writer's rancho of Lenadero. Galindo thinks 
the man was to receive $1 per hour, if successful. Hijar affirms that the man 
was sick and had to stop at S. Juan Bautista, where the writer was, another 
man being sent on in his place. J. J. Vallejo calls him Hidalgo. I may per- 
haps safely suggest that some of the items cited are not quite accurate. 

*M. Pap., Miss, and Colon., MS., ii. 285-6, 290-1. An order of Dec. 7th 
(1833 ?) is alluded to as countermanding that of July 12th. 



HtJAR AND FIGUEROA. 273 

ception, was shown by .Figueroa the order forbidding, 
a transfer of the civil -authority. Though bitterly 
disappointed, Hijar could make no objection, and fell 
back on his commission as director of colonization, 
which Figueroa consented to recognize. At an inter- 
view on the 15th Hijar presented the instructions 
addressed to him in his double capacity as gefe politico 
and director, instructions to \Vhich Figueroa assented, 
and which I append in a note. 5 Next morning the 
latter received a demand from the, director to be put in 
possession of the mission property according to article 
1 of the instructions, the governor being 1 asked to issue 
the necessary orders to administrators and coman- 
dantes. Figueroa, rather strangely as it would seem, 
promised compliance, but proposed to consult the 
diputacion. The reply on the 17th was simply a plea 
for haste on account of disorders at the missions, the 
approach of planting- time, the neglect of the friars, 
the sufferings of the neophytes, and the needs of the 
colony. The comandante general was to be held re- 
sponsible for damages caused by delay. Accordingly 
the diputacion was convened the same day, and before 
that body was laid a full statement. Figueroa had, 
he said, no desire to retain the gefatura. He would 

5 Hijar, Inst ruction es d que Deberd Arreylar su Conducta D. Jos6 Maria 
Hijar, Uefe Politico de la alta California y Director de Colonization da esiu y de la 
baja, in Figueroa, Manifesto, 11-14; St. Pap., Jliss. and Colon., MS., ii. 270-3; 
Jones' Report, no. 12. Art. 1. He will begin by occupying all the property 
belonging to the missions; the military comandante to furnish all necessary 
aid required. 2. For a year from arrival each colonist is to receive CO cents 
per day, or 25 cents if under 4 years of age. 3. Travelling expenses to be 
paid by govt, and the colonists to receive the TMonturas bought for their trans- 
portation. 4. Selection of favorable sites for settlements. 5. The frontiers 
to be settled as soon as possible. G. Plan of the new towns. 7. Native set- 
tlers to be mixed with the Mexicans, but no town to be inhabited exclusively 
by Indians. 8. House lots. 9-10. -Farming lands to be granted in full own- 
ership. 11. The movable property of the missions having been distributed 
(according to law of secularization?) one half of what is left is to be sold to 
the best advantage. 12. Not over 200 head of stock of the same kind to be 
sold to one family. 13. The remaining half of movable property to be kept 
on govt account and to be devoted to expenses of worship, support of mis- 
sionaries, education, and purchase of implements for the colonists. 14. The 
gefe pol. and director to report in detail at first and annually on the disposi- 
tion and condition of the property after the distribution as above. 15. He is 
also to report at least once a year on the condition and needs of the colonists. 
L>ated April 23, 1S34, and signed Lombardo. 
Hist. Cal., Vol. III. 18 



271 FIGUEROA, CASTRO, AND GUTIERREZ- -THE COLOXY. 

gladly give it up to the senior vocal, or to any person 
who might legally receive it. He had no desire to 
oppose -the colonization project, but had some doubt 
whether it was as director or as gefe politico that 
Hijar was to receive the mission property, and lie 
desired advice as to the proper course for him to pur- 
sue. Of course this humble tone was all assumed, yet 
it was rather neatly done. 6 

Thus the tide of fortune for Padres and his associate 
had begam to ebb. Instead of finding themselves in- 
vested with the civil and military authority, they were 
simply directors of colonization, and their powers even 
in that capacity were left to the tender mercies of the 
diputacion. The members of that body, it is true, had 
been a few years earlier admirers and partisans of 
Padres, or at least were largely under the influence of 
those partisans, such as Bandini, Vallejo, and Osio; 
but though we may be sure the ayudante inspector 
exerted all his eloquence and influence to retain the 
favor of his old friends, his power over them seems to 
have been lost. Vallejo and Alvarado admit candidly 
that the chief reason for this defection was the fact that 
Padres had brought with him twenty-one Mexicans 
to become administrators of the missions; whereas, 
under the old plans, the Californians were to have 
those places. I have no doubt this was, to a certain 
extent, the true state of the case, though I do not 
suppose that all the places had been promised to 
Mexicans. Figueroa's mission policy was substan- 
tially identical with that of Echeandia and Padres in 
the past, to which the Californians had committed 
themselves. He had actually made a beginning of 
secularization; all was going^vell, and the Californians 
were filling the desirable places. Why should they 
favor a change in favor of strangers? 

Whatever their motives — and they were not alto- 
gether selfish — the vocales had the soundest of legal 

6 Fiyucroa, Manifesto, 14-22; Si. Pap., Miss, and Colon., MS., ii. 209-10. 



ACTION OF THE DIPUTACION. 273 

reasons for refusing to accede to Hijar's demands. To 
suppose that the government in depriving him of the 
office of gefe politico had -intended to leave intact all 
the powers given to him in his double capacity was an 
absurdity; nor was it credible that the whole matter 
of secularization and disposition of mission property 
was to be intrusted to a mere director of colonization, 
deemed unfit for the civil rule/ Doubtless the admin- 
istration in its haste had been led into carelessness 
in not specifying what powers if any were to be left 
to Director Hijar. The diputacion met on the 17th 
of October, and listened to a speech from Figueroa, re- 
ceiving documents illustrating the subject-matter. The 
matter was referred to the committee on government. 
It was decided to reserve discussion for secret sessions, 
and next day Hijar was called upon to show his 
instructions. At the secret session of the 21st the 
committee, consisting of Jose Antonio Carrillo, Pio 
Pico, and Joaquin Ortega, rendered its report, which 
was discussed and approved article by article without 
opposition. On the same day it was published by 
Pigueroa in a ponderous bando. 7 

In a preamble to their report, Carrillo and his asso- 
ciates made an able and even eloquent presentment of 
the case. Considerable attention was paid to national as- 
pects, for it seems that an effort had been made to show 
that Santa Anna's revocation of Hijar's commission 
was in some w T ay a threat to federal institutions, and a 
warning was uttered against the folly of taking part 
in the strife that was agitating the republic, so long 
as the rights of California were not attacked, and 
especially so long as the territory was under the 
guidance of so wise and popular a ruler as Figueroa. 

^Legis. Pec, MS., ii. 190-G, 29-34; Figueroa, Manijie-do, 22-33. Of the 
document as finally published I have an original — Figueroa, Bando en que 
publiea la Resolution de la Diputacion Territorial contra las Pretcnsiones de Don 
Jose Maria Hijar, Director de Colonizacion, 21 de Oct. de 1834, MS., sheet 
12x50 inches. Oct. 19th, Figueroa demands from H. his instructions for tho 
dip. They were sent the same day. St. Pap., Colon, and Miss., MS., ii. 211. 
Oct. 21st-22d, F. sends to the alcalde of Los Angeles his address to the dip., 
and the action of that body. Dept. St. Pap., Aug., MS., xi. 23-G. 



270 FIGUEROA, CASTRO, AXD GUTIERREZ— THE COLOXY. 

Orders of the government were for the most part 
deal-, and should be obeyed. The innocent colonists 
were, however, in no way to blame for the failure of 
the directors to provide for their welfare, nor for the 
carelessness of the government in issuing indefinite 
orders; and for them the territorial authorities should 
provide in every possible way. The Indians, more- 
over, ought not to be despoiled of their property — - 
their only reward for a century of slavery — as would 
be the case if Hijar's original instructions were car- 
ried out; and on this point the government should be 
fully informed. The decision of the committee, ap- 
proved by the diputacion, and published in the gov- 
ernor's banclo, was in substance as in the appended 
note. 8 Figueroa was to remain gefe politico; Hijar 
was to be recognized as director of the colony, but 
must not interfere with the missions, and all possible 
aid was to be afforded to the colonists. The course 
decided upon was an eminently just and proper one. 
Hijar addressed to Figueroa, October 23d, a com- 
munication, in which he attempted to refute succes- 
sively all the positions assumed by the diputacion. 
This letter, with Fi^ueroa's arguments against each 
point interpolated between its disjointed paragraphs, 
fills fifty-four pages of print. 9 Both disputants dis- 

8 1. The order of July 25th must be obeyed, and Figueroa will continue 
to act as gefe politico. 2. Hijar may fulfil his special commission of director 
of colonization, subject to the territorial government and the regulations 
which may be adopted by the diputacion. 3. H. is to have nothing to do 
with secularization, and is not to receive the mission property. 4. Until the 
sup. govt may decide, the secularization regulations of the dip. will be carried 
out, and the Indians will be put in possession of their property. 5. (a) The 
gov. will cause to be given to the colonists on arrival the tools and other aid 
called for in the instructions, the same to be taken pro rata from the different 
missions; (b) he will also furnish necessary food on account of the allowance 
t > each person; (c) the director will be subject to the gefe, and will report to 
him, giving estimates of expenses, etc.; (d) the mission lands belong to the 
I.nlians, and no colony shall be established on them. 6. The gefe will retain 
1 L "s instructions, giving him a certified copy if desired. 7. (a) This document 
is to be reported to the sup. govt, which (b) is to be asked to revoke the 
instructions so far as they despoil the Indians of their property; to approve 
regl. of the dip.; and (c) to separate the political and military command. 
8. This action of the dip. shall be circulated for the information of the 
public 

* Figueroa, Manifesto, 35-S9. 



FAILURE OF THE COLONY. 277 

played ability in their written arguments, besides 
using some severe language; but they went, much 
further than was necessary or than I have space to 
follow them, beyond the real question at issue into 
the rights of the Indians, the equities of seculariza- 
tion, and the constitutional powers of national and ter- 
ritorial authorities. A private conference of leading 
men was held the 25th, at which Hijar's letter was 
read, and arguments in support of Figueroa' s position 
were made by the lawyers Luis del Castillo Negrete 
and Rafael Gomez. Another conference was to be 
held the next day; but meanwhile Hijar invited 
Figueroa to breakfast, and tried to bribe him — so says 
the governor — to deliver the mission property, offer- 
ing to enrich him, not only with that very property, 
but with credit and influence in Mexico and $20,000 
or more from Jalisco. 10 Figueroa does not appear to 
have deemed that his honor required anything more 
than a refusal of the offer; and after a long argument, 
offered not to oppose, if the diputacion would consent, 
the delivery of the mission property, on condition 
that no part of it should be disposed of until a deci- 
sion could be obtained from Mexico. This proposition 
was not accepted at the conference that followed, at 
which Hfjar and Padres are said to have finally given 
up the contest, admitted the justice of all that the dipu- 
tacion had done, and announced their purpose to take 
the colon} 7 to Baja California. All protested against 
this project as ruinous to the colonists, and begged 
the directors to remain, which they finally consented 
to do, some slight modifications in the resolutions of 



i 



the 21st being agreed upon, which modifications, wit 
Hijar's letter of the 23d, were submitted by Figueroa 
to the diputacion on the 29th. 

The diputacion on November 3d, while administer- 
ing to Hfjar a severe reprimand for his "jumble of er- 
roneous ideas, unfounded imputations, and gratuitous 



10 



Fvjueroa, Jlamjiesto, 92. 



27S FIGUEROA, CASTRO, AND GUTIERREZ— THE COLONY. 

criminations," agreed to the changes 'proposed, and 
i quired of the director a written acquiescence; which 
action was communicated to him on the 4th by Figu- 
eroa. 11 Hijar replied two days later with a protest 
and more arguments instead of the desired agreement: 
but he announced his purpose, for the welfare of the 
colonists and the good name of Mexico, to disregard 
for the present his own wrongs of outraged honor, 
and remain with the colony wherever it might be 
sent, earning his living with a spade if necessary. 
Accordingly preparations were made for the settle- 
ment of the colonists on the northern frontier. Pa- 
dres was call upon to decide whether he would assume 
the duties of ayudante inspector or of sub-director; 
and he replied by resigning the former position. 12 
Fijmeroa addressed to the minister of relations on the 
9th two communications in defence of the policy that 
had been pursued with the directors. On the 20th, 
and again on December 8th, he wrote to the secretary 
of war, explaining his course with Padres, who it seems 
after resigning his military position once had tried 
unsuccessfully to obtain command of the northern 
frontier. He declared that Padres was already plot- 
ting mischief, and that the territory would never be safe 
until that officer should be removed. He also offered 
his own resignation of the comandancia general. 13 

I have already noticed the arrival of the colony in 
two divisions at San Diego and Monterey in Septem- 
ber 1834, the stay of the southern division for a month 

n Mgueroa, Manifesto, 93-106; Leg. Pec, MS., ii. 205-7. The changes 
were as follows: (1) In art. 2, the words 'laws and regulations on the sub- 
' were to be substituted for 'regulations which may be adopted by the 
dip.' (2) Hijar was to have his original instructions returned. (3) If 
Hijar would agree in writing to the resolutions as amended, he was to receive 
his full salary of $4,000. (4) The gefe politico was authorized to settle any 
further questions of detail without reference to the dip. Nov. 4th, F. in- 
ns the min. of rel. that H. is to remain as director, subject to the civil 
government, and to receive $4,000; but after the colonists are once located 
under municipal govt, it is thought no director will be needed, and the salary 
i nay be saved. St. Pap. , Miss, and Colon. , MS. , ii. 213. H. 's reply of Nov. 0th 
iii Id., ii. 213-17. 
"Nov. 8th, 0th, St. Pap., Miss, ami Colon., MS., ii. 270, 270, 287-8. 
Vi St. Pap., Miss, and Colon., MS., ii. 2S3-92; Figueroa, Manifesto) 4S-55. 



ON THE NORTHERN FRONTIER. 279 

or more at San Luis Rey and San Gabriel, and their 
gradual progress northward. Immediately after the 
agreement with Hijar, particularly on November 12th, 
orders were issued for a pro rata furnishing by the 
missions of necessary supplies. There are also some 
fragmentary items of record respecting transportation 
in November and December; 14 but all that can be 
definitely learned is that during the winter a majority 
of the whole company, the rest being scattered through- 
out the territory, were gradually brought together at 
San Francisco Solano, which mission was already in 
charge of Mariano G. "Vallejo as comisionado for sec- 
ularization. Padres was with them, and Hijar made 
some visits to Solano. The intention was to found a 
settlement on the northern frontier, perhaps at Santa 
Rosa, though it does not clearly appear that any of 
the colony actually went there, or indeed that any 
had lands assigned them at San Francisco Solano. 
Early in March 1835 a new correspondence took 
place between Hijar and Figueroa. Supplies had 
come in slowly, barely in quantities sufficient to keep 
the colonists alive. Hijar now desired to make a be- 
ginning of the new town, and called on the governor 
to state definitely whether he could furnish the re- 
quired aid. Figueroa admitted that he could not fur- 
nish all that Avas required by the instructions, though 
he would do, as he had done, all that was in his power. 

u Nov. 5, 1834, Ramirez notifies receptor at S. Francisco that the brig 
Trammare will bring the colonists' luggage north and may land it on Angel 
Island. Pinto, Doc, MS., i. 125-6. Nov. 8th-9th, Hijar's estimates of live- 
stock, tools, supplies, etc., for the colony, amounting to $45,000 for a year. 
St. Pap., Miss, and Colon., MS., ii. 274-8, 280. Nov. 12th, miscellaneous 
orders to missions with some details of supplies to be furnished. Dept. St. Pap. , 
MS., iii. 188; St. Pap., Miss, and Colon., MS., ii. 279-82; Valljo, Doc, MS., 
325-8. Dec. 19th, the gov. says to the comisionado of S. F. that if the colo- 
nists have not yet gone to the other side, they are to be detained until the rains 
are over. St. Pap., Miss., MS., ix. Gl. Coronel speaks of the journey in ox- 
carts or on horseback, of crossing the strait of Carquines in boats managed 
by S. Jose neophytes, and of being lodged in such of the mission buildings 
as were not occupied by Vallejo and his troops. Coxas de CaL, MS., 12. 
Most Californian writers give no information beyond the bare fact that most 
of the colonists went to Sonoma. Some state that there was now considera- 
ble ill feeling between them and the native inhabitants, arising largely from,, 
the troubles of the leaders. 



230 FIGUEROA, CASTRO, AND GUTIERREZ— THE COLONY. 

Ho advised, however, that on account of scanty means 
and the general unfitness of the men for frontier set- 
tlers, the idea of a new town be abandoned, and the 
colonists be allowed to select, each for himself, their 
own residence and employment. Hijar protested 
against this plan, as opposed to the views of the Mex- 
ican government; but Figueroa insisted, and issued 
the corresponding orders. The colony was thus dis- 
organized, but there are records of aid furnished to 
families at different points throughout 1835. There is 
no more to be said of the colonists as a body. Most 
of them remained in the country to constitute a very 
respectable element of the population. ] 



15 



In a defence of his own course, written later, Fi- 
gueroa, presenting the documents in the case chrono- 
logically, interspersed among them his own comments. 
From his remarks it would appear that almost from 
the day of arrival, in September 1834, to the out- 
break in March 1835, soon to be noticed, certain 
members of the colony under the leadership of Padres 
were engaged in plots to secure the territorial govern- 
ment by force, Hijar being meanwhile an indifferent 
spectator, if not an active participant in these in- 
trigues. 16 I suspect that Figueroa's fears at the time 
were to a considerable extent unfounded, and that his 
subsequent presentment of them was much exagger- 
ated in detail to suit his own purposes. The colonists 

15 Correspondence of Hijar and Figueroa, March 1-4, 1835, in Flrjueroa, 
Manifiesto, 117-2S; Dept. St. Pap., MS., iv. 8-0. Orders and correspondence 
of March 5th to April, on transfer of the families from Solano to the homes 
they might select, and on supplies furnished. Vcdlejo, Doc., MS,, iii. 14— 1G; 
xxiii. 5; St. Pap., Mis*., MS., vii. 72-4; Dept. St. Pap., Ben., MS., v. 377-1). 
Account by Padre's April 12th of amounts paid to colonists, aggregating 
$2,604. Dept. St. Pap., Ben., MS., v. 371-2; Id.,Cust.-IL, MS., vii. GG2-4. 
Fragmentary records of supplies furnished to families, June to August. Dept. 
St. Pop., B<n. Mil, MS., lxxx. 11; lxxxi. 4G; Id., Ben., v. 372-5; Id., Ben. 
Com. and Treas., iv. 9; St. Pap., Miss., MS., vi. 15; Vallejo, Doc., MS., xxiii. 
12. 

16 Itgueroa, Man'>jiesto, passim. In Oct., before the action of the dip , 
they are said to have worked hard to alarm the public with charges of cen- 
tralism and oppression, p. 22-3. After that action of Oct. 21st, some in their 
anger talked loudly and recklessly of their original plans, p. 33-5. About 



REVOLT AT LOS ANGELES. 2S1 

were of course bitterly disappointed at the failure of 
the directors to keep their promises, and many of them 
were disposed to throw the blame on Figueroa and 
the Californians. It is the nature of disappointed 
Mexicans to conspire; there w^ere some reckless . fel- 
lows like Araujo who were perfectly willing to make 
trouble; and it is not likely that Padres, or even Hi- 
jar perhaps, would have regretted or opposed any 
revolutionary movement offering chances of success. 
But such chances, against a popular ruler, the leading 
Californians, and the friars, were known to be but 
slight. Therefore I doubt that Hijar and Padres 
made any definite plans to overthrow the territorial 
government, and especially that Figueroa, as he claims, 
w r as acquainted from the first with the details of such 
plots. 

There was, however, an attempted revolt at Los 
Angeles March 7, 1835. The night before, about 
fifty Sonorans, who had lately come to- California, and 

the time of settlement with Hijar, or in Nov., Araujo instigated two attacks 
of the Cahuilla Indians on the S. Bernardino ranclio. Verduzco at the same 
time tried to induce the neophytes of S. Luis Key to revolt against the escolta; 
but his plot was discovered and frustrated. Lara on his way north tried to 
enlist the neophytes of different missions in support of his plots, as was proven 
by his diary, which fell into Figucroa's hands, p. 106-7. Padres concealed 
the 200 rifles and ammunition he had brought, advised the colonists to have 
nothing to do with Figueroa, and daily harangued them at Sonoma on their 
wrongs at the gefe's hands, p. 108-114 (also F. 's reports to Mex. on Padres 
already cited). In February two persons from S. Antonio reported a plot; 
and several members of the colony revealed the revolutionary plans. Hijar 
meanwhile was intimate with the conspirators, and must have known their 
schemes, p. 110-11. The desire in March to unite the colony was for the 
purpose of revolution; and to defeat this movement was F.'s chief reason for 
allowing it to be scattered, p. 116-17. When the news came of trouble in the 
south, F. was investigating the matter at Sta Clara and S. Juan, p.' 1 123-0. 
Oct. 15, 183-1, Capt. Portilla from S. Luis Pey. Has discovered that Verduzco 
sought to surprise the guard and seize the arms. Dept. St. Pap., MS., iii. 
174-5. Oct. 21st-22d, F. to Gutierrez and to 8 comisionados to investigate the 
disturbances, arrest the leaders, and assure the Ind. that the charges of the 
revolutionists were false. Id., iii. 175-6. Araujo, on Sept. 18th, says, 'I have 
already predisposed the neophytes in our favor,' this being perhaps the pur- 
port of the 'diary' referred to by F. Guerra, Doc, MS., vi. 154. Oct. 22d, 
F. warns alcalde of Angeles to look out for revolutionary movements. Dept. 
St. Pap., MS., iii. 177; Id., Any., xi. 28. Oct. 28th, Carrillo at Sta Bar- 
bara has taken steps to prevent Araujo from seducing the neophytes. St. Pap., 
Miss., MS., ix. 29. Jan. 27, 1835, president has heard of Araujo's plots and 
orders him to be sent out of the country. Sup. Govt St. Pap., MS., xi. 1. 



2S2 FIGUEROA, CASTRO, AND GUTIERREZ— THE COLONY. 

who were living in the town or the adjoining ranches, 
assembled at Los Nietos, and at daybreak entered Los 
Angeles armed with lances and muskets, under the 
leadership of Juan Gallardo, a cobbler, and Felipe 
Castillo, a cigar-maker. They seem to have seized 
certain weapons at the houses of foreign residents as 
they came in. Marching to the town hall, and using 
force to obtain the keys, they took a cannon and a 
quantity of ammunition stored there temporarily, or 
in a private house near by, in anticipation of an Indian 
campaign. Without committing further acts of vio- 
lence, the Sonorans stationed themselves near the 
entrance of the hall, wl^ile the leaders took steps to 
summon the alcalde. That official, Francisco J. Alva- 
rado, at once convened the members of the ayunta- 
miento by tap of the drum, and the citizens generally 
left their beds to attend the meeting. Gallardo then 
submitted, with a respectful letter for the approval of 
the illustrious corporation, a plan which explained the 
presence of himself and followers, and by which it was 
proposed to restore California to the splendid prosper- 
ity of former times by simply removing Figueroa 
from the command. 17 . 

17 Pronunciamiento de Apaldtegui en Los Angeles, contra Don Jose Figueroa, 
7 de Marzo de 1835, in Figueroa, Manifesto, 131-3; Los Angeles, Arch., MS., 
iv. 155-9; Bandini, Doc. Hist. Col., MS., 39. 'A multitude of citizens hav- 
ing assembled to devise means to save California from the evils which she 
has suffered and is suffering under the administration of Gen. D. Jose Figueroa, 
and considering — 1. That this chief lias not complied with divers orders given 
him by the sup. govt of the Union to improve the condition of the inhabit- 
ants of this country; that, abusing their docility, he has exceeded the powers 
granted him by the laws, by unduly assuming the political and military com- 
mands against the federal system and against express laws which forbid this 
union of the commands; that with the law of secularization he has made a 
scandalous monopoly, reducing the mission products to an exclusive commerce, 
and treacherously inducing the dip. to regulate a general law according to his 
whim; that, in infringement of the treasury regulations, he disposes of the 
soldiers' pay at his own will without the knowledge of the chief of revenue, 
and without the formalities prescribed by law; 2. That the dip. has no 
power to regulate or make additions to a general law, as it has done in the 
case of that on the secularization; 3. That as the missions are advancing 
with giant strides to total ruin, through the measures dictated for the shut- 
ting-out of the natives and the distribution of their property; and, 4. That 
some commissioners, either by gross ignorance in the management of this class 
of business or by their own malicious conduct, have proposed to advance 
their private wealth by ruining that of the missions, with notable injury to 
the natives who have acquired that property by their personal toil — have re- 



APALAi;EGUI'S REVOLT. 283 

The ayuntamiento in session with the citizens dis- 
cussed the propositions of the plan, referred them to 
a committee, and finally decided by a plurality of votes 
that it had no authority to act in such a matter, and 
that Gallardo must apply elsewhere for support — in 
fact, according to one record the ayuntamiento went 
so far as to disapprove the plan, though having no army 
with which to enforce its disapproval. A committee 
consisting of Guirado, Osio, and Ossa was sent to com- 
municate the decision and to request the pronunciados 
to remove their force across the river. This they de- 
clined to do, but promised to preserve the peace, and 
held their position until about four o'clock in the af- 
ternoon. Pio Pico and Antonio M. Osio, both of whom 
were in town on this eventful day, assert that the 
rebels were waiting for money that had been promised 
but was not forthcoming. 18 However this may have 
been, at about the hour mentioned Gallardo and Cas- 
tillo respectfully informed the aj^untamienfco that as 

solved as follows: Art. 1. Gen. Jose" Figueroa is declared unworthy of public 
confidence; and therefore the first alcalde of the capital will take charge 
provisionally of the political power; and Capt. Pablo de la Portilla of the 
military command as the ranking officer in accordance with army regulations. 
Art. 2. The resolutions of the dip. on regulations for the administration of 
missions are declared null and void. Art. 3. The very rev. missionary 
fathers w r ill take exclusive charge of the temporalities of their respective 
missions as they have done until now, and the comisionados will deliver the 
documents relating to their administration to the friars, who will make the 
proper observations. Art. 4. By the preceding article the powers of the director 
of colonization to act according to his instructions from the sup. govt are not 
interfered with. Art. 5. This plan is in every respect subject to the approval 
of the gen. govt. Art. 6. The forces that have pronounced will not lay down 
their arms until they see the preceding articles realized, and they constitute 
themselves protectors of an upright administration of justice and of the re- 
spective authorities.' It nowhere appears who were the signers of the plan, 
if any, in addition to Gallardo and Castillo. All the copies close with the 
note ' here the signatures.' Figueroa devotes p. 134-46 of his Manifiesto to a 
series of arguments in reply to the successive articles of the plan, exhibiting 
very much more of skill and satire and anger than the subject deserved. 

' 18 Osio, Hist. Cal., MS., 230-8; Pico, Hist. Col., MS., 50-5. Robinson, 
Life in Cal., 1G4-7, gives a full narrative with a translation of the pronuncia- 
miento. Other accounts in Alvarado, Hist. Col., MS., iii. 1-5; Fernandez, 
Coma de Cal., MS., 80-2; Vallejo, Remin., MS., 55-0; Botello, Anales, MS., 
15-16; Avila, Notas, MS., 10-11; Ord, Ocvrrencias, MS., 06; Galindo, Apun- 
tes, MS., 30; TuthilVs Hist. Cal., 138-9. Nearly all represent this as a 
revolt in the interests of the colony or its directors. In Los Angeles, Hist., 14, 
it i3 spoken of as a revolt of Torres and Apalatey to place Ijar at the head of 
affairs. 



284 FIGUEROA, CASTRO, AND GUTIERREZ— THE COLONY. 

the plaD had not been approved by that body, after the 
exercise of what was doubtless better judgment than 
they themselves had brought to bear on it, they had 
decided to give up the instigators of the movement, 
and to throw themselves, if any wrong had been un- 
wittingly done, on the indulgence of the legal authori- 
ties. Accordingly they gave up two men, and dis- 
banded their force. 

The two men given up, locked in jail, and sent next 
day to Lieutenant-colonel Gutierrez at San Gabriel for 
safe keeping, were Antonio Apalategui, a Spanish es- 
cribiente, or clerk, and Francisco Torres, a Mexican 
doctor, or apothecary, who had come with the colony, 
and who lately had left Monterey with despatches from 
Hijar to the authorities in Mexico. All the Sonorans 
agreed that these men had instigated the revolt, 
Apalategui being the active agent. The ayuntamiento 
on the evening of the 7th issued an address to the peo- 
ple, in which the events of the day were narrated, and 
a similar report respecting the doings of 'una reunion 
acefala de Sonorenses' was forwarded the same night to 
Figueroa. Unconditional pardon was granted to the 
Sonorans, and some twenty of the number started im- 
mediately for Sonora, where many of them were arrested 
and submitted to a close examination respecting their 
deeds in California. The taking of evidence and other 
routine formalities of the case against Apalategui and 
Torres occupied two months, and in May the}^ were sent 
off to Mexico as disturbers of the public peace and con- 
spirators against the legitimate authority. 

The testimony and correspondence respecting the 
Apalategui revolt as preserved in the archives form a 
very voluminous record, of which I offer a partial re- 
sume in the accompanying note. 19 From the whole 

19 March 3d, Licut-col. Gutierrez to Figueroa, that he suspected Torres and 
is watching him. Dept. St. Pap., MS., iv. 7-8. March 7th, record of events 
at Angeles — including ayunt. session; two letters of Gallardo to the ayunt. ; 
Gutierrez to the ayunt. and to F.j and ayunt. to F. and to the people, in 
Los Angeles Arch., MS., i. 3G-8, 41-3; iv. 152-64; Dept. St. Pap., Ben., MS., 
ii. 17-2.1; v. 185-96; Dept. St. Pap., Angeles, MS., i. 174-5; Figueroa, Mani- 
festo, 130-1, 14G-7. March 8th, 10th,' 11th, 14th, corrcsp. on subsequent 



CAUSES OF THE RISING. 285 

it appears that the Sonorans had no special grievance 
to redress, but were easily induced to join what they 
were led to regard as a, general and popular move- 
ment, which they abandoned as soon as they learned 
its unpopularity; that the immediate motives of the 
leaders Gallardo and Castillo are not known; that 

alarms and rumors. One or two arrests were made, and the Sonorans feared 
punishment and sent a committee, including Wm A. Richardson, to plead for 
them with Gutierrez. On March 19th, F. sent a full pardon and permission to 
return to Sonora. Dept. St. Pap., Ben., MS., ii. 25-7; v. 191-6; Dept. St. 
Pop., MS., iv. 23. March 11th to May Gth. Apaldtegui and Torres, Causa 
seguida contra ellos por Conspiradores, 1835, MS.; 100 p. Testimony and legal 
proceedings, with some additional papers, in Dept. St. Pap., MS., iv. 21-3; 
Dept. St. Pap., Angeles, MS., ii. 12-13. Fragmentary testimony of Hidalgo 
and others at Monterey in Dept. St. Pap., Ben. Mil., MS., liii. 77-86. Ga- 
llardo and Castillo testified that A. and T. had seduced the Sonorans, assur- 
ing them that the happiness of Cal. depended on the movement, and that all 
the settlers and the ayunt. were in favor of it, and had given the pronunci- 
ados $2 each. T. they said had furnished $60 to buy lead, etc. A. deposed 
that T. and Gallardo had led him into the affair; but admitted that he him- 
self had written the plan and lent $200 for distribution. He said that Ga- 
llardo was the leader, and had secured the re-payment of the $200 by pledging 
his horses. He thought that many citizens of Los Angeles and some foreign- 
ers of Sta Barbara knew of the plot in advance. T. swore that he had made 
many objections to the jolan shown him by A. and Gallardo after they had 
'pronounced;' that he had loaned a little money without knowing for what it 
was to be used; and that he had never favored nor instigated the movement. 
Miguel Hidalgo testified at Monterey that T. at Los Angeles had tried to in- 
duce him and others to join a plot, though speaking very guardedly. All ef- 
forts to prove by this witness an understanding with Hijar or others failed 
completely. Several foreigners, including Dr Wm Reid, Hugo Reid, and 
Santiago Johnson, testified that they knew nothing of the revolt except by 
rumors; but they said some arms had been taken from them or other foreigners. 
There was some evidence respecting the manufacture of lances and the pay- 
ment of various sums of money, implicating none but Gallardo. A.'s defender 
was Julian Padilla, Osio declining; and T. was defended by Regina do la 
Mora. The fiscal was Manuel Rcquena. There is nothing in the legal rou- 
tine that requires notice. The defence was confined mainly to protests, com- 
plaints of irregularities in the proceedings, and declarations of the ease with 
which the innocence of the accused was to be shown before the sup. court in 
Mexico. On June 13th, theasesor, Cosme Pcfia, reviewed the case; and June 

i the alcalde rectified certain errors. April 10 to May 0, 1835, Apaldle- 
gui and Torres, Averiguacion en Sonora del Tumulto hecho en Los Angeles por 
varios Sonc>renses a Instigation de los d'uhos G<fes, MS. , 50 p. About a dozen men 
were examined in this Sonora investigation, and the general purport of their 

imony was that the Sonorans had joined what they were led by Apalate- 
gui to regard as a general movement of Los Angeles, the prominent citizens 
of the south, and the foreign residents, made with a view to restore the mis- 
sions to the padres, and that they had abandoned the scheme as soon as its 
true nature was known. The record is a fragment, and the result not known. 
March 13th, Figuerca at S. Juan Bautista to ayunt. of Angeles on the events 
cf March 7th. Original in Coronel, Doc. Hist. Cal., MS., 23-34; Figuerca, 
Manijiesto, 147-51. Same to alcalde of Monterey. Original in Vallejo, Doc, 
MS., xxxi. 175. Same to alcalde of S. Diego. Hayes, Miss. Bock, i. 228. 
Same to Gutierrez in Dept. St. Pap., MS., iv. i)-10. Replies of Arguelloand 
Portiila. March 21st, all right at S. Diego and S. Luis Rey. Id., iv. 13-14. 



230 FIGUEROA, CASTIIO, AND GUTIERREZ- THE COLONY. 

Antonio Apalategui, who may have had a personal 
grievance against Figueroa, was the active instigator, 
though hardly more prominent than Gallardo; that 
Torres probably encouraged the plot, though acting 
with much caution and secrecy; and finally that there 
is no evidence to connect either the colony or its di- 
rectors with the movement in any way. There is 
room, however, for a plausible conjecture that Torres, 
in behalf of himself and his associates, was disposed 
to test by experiment the strength of Figueroa's 
popularity in the south. 

Fisaieroa was at San Juan Bautista on March 13th 
when he heard of the affair at Los Angeles. His 
theory was that that revolt was part of a deliberate plan 
on the part of Padres and Hijar to overthrow him and 
seize the mission property. That same day, in addi- 
tion to the despatches which he sent south, as already 
noticed, he sent to Hijar an order suspending him 
and Padres from their positions as directors, directing 
them to give up all arms and munitions to Vallejo, 
and to start at onco for Mexico to answer before the 
supreme government for their conduct in California. 20 
At the same time he ordered Vallejo at Solano to 
receive the surrender of Hijar and Padres, to seize 
all the arms and ammunition in possession of the col- 
onists, to arrest Francisco Verduzco and Romualdo 
Lara, and to embark all on board the Rosa, a Sar- 
dinian bark then in the port of San Francisco, to the 
captain of which vessel the corresponding instruc- 
tions, or request rather, were forwarded at the same 

March 19th, ayunt. of Angeles receives written thanks from F. Los Angeles, 
Arch., MS., iv. 105. March 30th, thanks expressed by F. verbally. Id., iv. 
1GG. In April Mariano Bonilla, a teacher of the colony, was removed from his 
school at Monterey and ordered to be sent away for complicity in this affair; 
but he did not leave Cal. St. Pop., Miss., MS., ix. 28. May 7th, A. and T. 
taken to S. Pedro. Dept. St. Pap., Angeles, MS., ii. 13. The date of sailing 
on the Lorlot is not known. 

*°l>igueroa s Manifesto, 157-8; Dept. St. Pap., Ben., MS., ii. 27-9. F. 
claims to have been fully aware of the plots that were being formed, and of 
the purposes with which Torres had been sent to Los Angeles, but had calm- 
ly awaited the outbreak before taking any definite action. It is true that on 
Mar. 4th he had warned Vallejo to look out for any attempt at revolt. 
Vallejo, Doc, MS., iii. 13. 



ARREST OF THE COLONISTS. 287 

elate. 21 Vallejo received the order on the 14th, 
"watched the colonists until their preparations called 
for prompt action, and then suddenly fell upon them 
on the 16th at 4 p. m., arresting Verduzco, Lara, and 
others," who the next day were taken on board the 
Rosa, at San Francisco. 22 On the 15th, several ses- 
sions of the Monterey ayuntamiento were held to 
approve all the governor had done and proposed to 
do; though the latter seems not to have made known 
his orders to Vallejo, and the ayuntamiento declined 
to name the persons who ought to be sent away. 
Next day Figueroa issued a printed address to the 
people, announcing that "the genius of evil has 
appeared among you, scattering the deadly poison of 
discord," declaiming in the most bitter terms against 
Hijar and Padres, congratulating all that he has been 
able to save his beloved country, and promising a 
more complete vindication of his policy later. 23 On the 
17th, Hijar, still at Solano, replied to Figueroa's order 
of the 13th with a protest against the insult offered 
him, a declaration of his belief that the revolt was 
purely imaginary, a denial of the governor's right 
to suspend him, an expression of his determination 
to drag his prosecutor before competent tribunals, 
a complaint of unnecessary outrage at the hands 
of Vallejo, but at the same time an announcement of 
his disposition to yield to force and obey the order to 

21 March 13, 1835, F. to Vallejo in Dept. St. Pap., MS., br. 11-12; Id., 
Ben., ii. 29-31. Private note of same tenor and date, in Vallejo, Doc, MS., 
iii. 18. Ignacio Coronel, Rafael Padre's, and other suspected persons were 
also to be sent on board the Rosa. Request to capt. of the Rosa, who was 
desired to take the prisoners to S. Bias if possible — the same being also com- 
municated to the captain of the port at Monterev, in Dept. St. Pap., Ben. 
Mil., MS., lxxxvii. G9. F. to Alf. Valle. Valle, Doc, MS., 40. 

22 Vallejo, Doc, MS., iii. 25. 37 rifles were seized besides other muni- 
tions. Id. , xxiii. 4. Mar. 19th, Verduzco to Padres from the Rosa. Id., iii. 
21. March 20th, Vallejo certifies that before the rifles were taken 2 parties of 
the colonists had departed to other parts of the territory. Also that no 
resistance was made. Id., iii. 22. Vallejo went back on the 18th to Solano 
after putting his prisoners on the bark. 

23 Monterey, Actos del Ayunt., MS., 73-80. Figueroa, el Comandante Gen. 
y Gefe Politico de la Alta Cal. a los Ilabitantes del territorio. Monterrey, 1835, 
1 sheet, in Earliest Printing in Cal.; Castro, Doc, MS., i. 22; Figueroa, Mani- 
fiedo, 151-4. 



23S PIGUEROA, CASTRO, AND GUTIERREZ— THE COLOXY. 

depart. 24 Neither Hijar nor Padres was arrested 
at Solano, but at San Francisco on March 2Gtli they 
went on board the Rosa in obedience to Fiimeroa's 
orders as exhibited by Vallejo, and the vessel sailed 
for Monterey. 25 

The Rosa, after lying at anchor in the port of Mon- 
terey for a week or more, carried the prisoners down 
to Santa Barbara, where — numbering with their fam- 
ilies twenty-four persons — they arrived on April lGth, 
and three days later were transferred to the American 
brig Loriot, with the supercargo of which vessel Figue- 
roa had made a contract for transporting them with 
Torres and Apalategui to San Bias. 26 On May 8th- 
9th the Loriot was at San Pedro, but the exact date 
of sailing for San Bias does not appear in the record. 
Before his departure, Padres addressed to Figueroa 
a formal and indignant protest against the summary 
and illegal treatment which he had received, accusing 
the governor of having been influenced from the first 
by hostility to the colony. 27 With the exiles were 

21 Figueroa, Manifiesto, 15S-G2; Guerra, Doc. Hist. Gal., MS., v. 103-9. 

-° March 20th-27th, Vallejo to Figueroa, Id. to Hijar, H. to V. in VaUcjo, 
Doc. MS., iii. 24, 26; vi. 349. Coronel had not been arrested. II. and P. 
had started for Monterey by land when ordered to return and embark on the 
Rosa. March 30th, some fears of trouble at. Monterey reported to F. in the 
south, who orders watchfulness, and arrests if disorder occurs but not other- 
wise. Dept. St. Pap., MS., iv. 15-10. March 31st, F. at Angeles to Vallejo, 
ordering him to form a representation on the acts of H., P., and the rest, their 
revolutionary projects, seduction of Indians, etc. /(/., iv. 17. April 4th, F. to 
A'. Has heard of the sailing of the prisoners; V. must keep the effects seized 
for the present, and try to discover where the rest of the rifles were that had 
been brought by Padres. Id., iv. 19-20. Passage money, etc., to capt. of the 
. /(/., iv. 17-19; Dept. St. Pap., Ben. 21 it., MS., lxxxi. 6. 

2G Figueroa had tried to engage the Mexican brig Catalina, Capt. Frederico 
Becher, for the service. Dept. St. Pap., MS., iv. 20-1. Contract with A. B. 
Thompson of the Loriot, dated Apr. 11th, to sail after Apr. 30th; to carry to 

lilas and maintain on the voyage Hijar and Padres with their families, 
r j >rres, Apalategui, Verduzco, Lara, Bonilla, Araujo, and some others, with 
families and luggage; and to receive on return of the vessel $4,000. Id., iv. 
24-0. Duties due from Thompson and • Robinson were to be deducted from 
the amount. Apr. 17th, Padres to F. ; is ready to continue his voyage as or- 
dered. Apr. 30th, F. instructs captain not to touch at any other port than 
S. Bias. Id., iv. 27-9. Same date, H. to Guerra, asserting his innocence, 
though it cannot be proven 'in this unhappy country, where the laws are 
trampled on.' Guerra, Doc., MS., v. 109-10. 24 persons landed on Apr. 19th. 
Dept. Si. Pap., Ben. Mil., MS., lxxxi. G-7. 

27 May 8th, 1 *adr< fs, Protesta queDirige D. Jos6 Maria Padres alOefe Politico, 
1885, MS. May 9th, Gutierrez is at S. Pedro guarding the prisoners and 
forming a sumario. Dept. St. Pap., MS., iv. 3S. 



END OF THE COLONIZATION SCHEME. 289 

sent reports of the gefe politico explaining his action 
in the matter, together with the indictments more or 
less legally substantiated - in each case. The docu- 
mentary process against Apalategui and Torres was 
quite elaborate and has been sufficiently noticed ; that 
against the parties arrested in the north is not extant, 
if it ever existed in any more definite form than the 
somewhat vague accusations of Figueroa and Vallejo. 23 
On the sailing of the Loriot from San Pedro, in 
May 1835, the famous colonization scheme of Hijar 
and Padres, with its attendant controversies, may be 
regarded as having come to an end, though over two 
hundred of the colonists remained to swell the popu- 
lation of California. Figueroa devoted the remaining 
few months of his life to the preparation of an elabo- 

28 Mar. 31st, F. to sec. of the interior, reporting the plots of H. and P. and 
his own policy, without mention of the arrests in the north — also some accom- 
panying correspondence. Vallejo, Doc, MS., xxxi. 182-3, 185, 198. May 5th, 
F. to sec. of state. Reports his later proceedings. H. and P. go to Mex. to 
answer to the sup. govt, whose employees they are; Torres and Apalategui go 
as prisoners at the disposal of the sup. court; Verduzco, Lara, and Rafael 
Padres are also implicated in the revolt, and are to await the result of their 
trial (that is, probably the sumario in a complete form was not sent with 
them); and Lieut Araujo goes because he is of no use in Cal. , is sick, and has 
asked to be removed, besides being being an adherent of Hijar. Dept. St. 
Pap., MS., iv. 29-31. April 15th, Vallejo at Solano sends to F. the pro- 
ceedings or investigations against the colonists. The documents are not 
given; but in his letter V. states that the coming of Hijar, Verduzco, and 
Lara caused great excitement; that they openly talked of surprising the gar- 
rison; that he overheard them plan to capture him, first occupying the church; 
that he was on the watch for 9 days until the order came from F. ; that he 
seized and disarmed them on the 16th, as they were cleaning their weapons; 
and that the wife of Padre's exclaimed on that occasion, 'I am glad they have 
been headed off for being so slow.' Vallejo, Doc, MS., iii. 28. May 21st, 
F. sends V. 27 pages of proceedings against Padres and associates, instruct- 
ing him to continue them as fiscal. Other allusions to these papers. Id., iii. 
23, 50, 52. Vallejo, Hist. Cal., MS., iii. 39-42, says that the colonists at 
Solano instead of going to work spent their time in plotting and gaining the 
good will of the Indians, Lara and Verduzco spending in presents for the In- 
dians the $2,000 that F. had paid for the support of the colony. They told 
him he was lucky in making the arrest just when he did, for half an hour 
later they would have seized him. They accused Pepe de la Rosa of having be- 
trayed their plots, but unjustly, since Rosa's interviews with Vallejo were as 
a printer and not as a politician. Brown, Statement, MS., 9-10, who was at 
Solano at the time of the arrests, thinks Rosa did give the information. Alf. 
Ignacio del Valle took a prominent part in protecting the country from im- 
aginary plots, as is shown by the records and by his own statement. Valle, 
Lo Pasado de Cal., MS., 13-14. Coronel, Cosas de Cal., MS., 12-14, is sure 
there were no thoughts of revolt at Sonoma. Janssens, Vida y Aven., MS., 
51-7, also regards the charges as having been invented by F. and V. to get 
rid of H. and P. 

Hist. Cal., Vol. III. 19 



290 FIGUEROA, CASTRO, AND GUTIERREZ— THE COLONY. 

rate defence of his own policy, which was a very com- 
plete histoiy of the whole affair, and has been fully 
utilized with other documents in the preceding pages. 
It was besides one of the earliest specimens of Califor- 
nia printing — in fact, the second book printed in the 
territory. 29 As a defence, the production is some- 
what too elaborate and earnest. The governors ac- 
tion at the beginning in refusing to give up the com- 
mand and the mission property, as later in banishing 
Apalategui and Torres, were so manifestly just and 
proper as to require no justification. His acts in other 
phases of the controversy, not perhaps without a cer- 
tain foundation of justice and policy, would show to 
better advantage without the declamatory arguments 
in their support with which the volume is largely 
filled. The author's very earnestness and violence at 
times betray the weakness of his cause. The charge 
of bribery against Hijar should have been made sooner 
or not at all. I have elsewhere expressed my belief 
that the revolutionary plots of Hijar and Padres were 
largely imaginary. 

Of the men exiled from California at this time, Hi- 
jar will re-appear in the history of a later period ; but 
of the rest I know nothing. I have found no record 
bearing upon their reception and treatment in Mexico, 
nor any evidence that the directors ever published a 
reply to Figueroa's manifiesto, or took any other steps 
to vindicate their conduct in California. For them 
the colony and the Compania Cosmopolitana were dis- 
astrous failures. Of Padres I would gladly append a 
biographical sketch, as I have done of other promi- 

m Mgueroa, Manifesto d la Bepublica Mejicana que hace el General de Bri- 
gada Jos6 Figueroa, Comandante General y Gefe Politico de la A Ita California, 
sobre sn conductay lade los Senores D. Jos6 Maria de Hijar, y D. Jos6 Maria 
Padres, como JJirectores de Colonization en 1S34 y 1835. Monterrey, 1835. 
Imprenta del C. Agustin V. Zamorano, 12mo. 184 p. This book was being 
printed when the author died, and contains some obituary matter to be no- 
ticed later. An English translation was printed in S. Francisco in 1855. Figue- 
roa, The Manifesto which the, General of Brigade, etc., S. F. 1S55, Svo, 104 p., 
the title on the cover being Missions of California. As has been seen, the orig- 
inals of most documents published in the Manifiesto are extant, either in my 
collection or in some of the archives. 



SESSIONS OF THE DIPUTACION. 291 

nent men; but beyond his first coming in 1830 as ayu- 
dante inspector, his influence with Echeandia and the 
Californians in behalf of radical republicanism and sec- 
ularization, his exile by Victoria in 1831, his connec- 
tion with the colony as just related, and something of 
his character which the reader has learned in these 
chapters, I have no information to offer. 

At the election of October 1834, four or five men 
were chosen to replace the outgoing vocales of the 
diputacion ; 30 but that corporation did not assemble, 
chiefly because three of the members were ill, until 
August 25, 1835, the sessions continuing, according 
to the records, until October 12th. I append a brief 
resume of the business transacted. 31 President Fi^ue- 
roa's opening address was short, being a congratulation 
on the escape of the country from dangers that had 



30 The election record, Actas de Elecciones, MS., 19-21, does not show who 
were elected. The hold-over members were J. A. Carrillo, Estudillo, and 
Castro; and the new diputacion seems to have been composed as follows: 1st 
vocal, Jose Antonio Carrillo, absent as congressman; 2d, Jose Maria Estudillo, 
excused on account of sickness. Dept. St. Pap., Ben., MS., ii. 17; 3d, Jos6 
Castro; 4th, Juan B. Alvarado (though it is not clear whether he was 4th or 
5th or Gth, and in one record, Dept. St. Pap., MS., iv. 42-3, Figueroa summons 
him as a suplente); 5th, Manuel Jimeno Casarin; Gth, Antonio Buelna; 7th, 
absent and unknown (perhaps J. A. de la Guerra); suplente, present, Salvio 
Pacheco; secretary, Jose Maria Maldonado. Leg. Rec, MS., ii. 212-15. 

31 Aug. 25, 1835, examination of credentials; appointment of committees; 
and address by the pres. Buelna granted leave of absence on account of ill- 
ness, (p. 212-16.) Aug. 27th, Sec. Maldonado offered his resignation, and 
asked to be paid 8120 due him. Aug. 29th, land grants submitted for ap- 
proval. Sept. 1st, ditto; Maldonado submitted an index of documents in the 
archives, and retired, his place being taken by Alvarado. Sept. 3d, land 
grants; and wild cattle, (p. 217-18.) Sept. 5th, commun. from Los Angeles 
on cutting timber; from the alcalde of Monterey on boundaries of the capital. 
Sept. 10th, petition of inhabitants of S. Francisco to be attached to the 
jurisdiction of S. Jose for convenience of all concerned. Sept. 12th, 15th, 
21st, land grants, (p. 219-21.) Sept. 26th, commun. from J. M. J. Gonzalez 
on appointment as police commissioner at Sta In6"s. Oct. 10th, teacher at Sta 
Clara resigns; and Ignacio Coronel wants an appointment as teacher at S. 
Buenaventura. Oct. 12th, land grants. Prop, to place the portrait of the late 
Gen. Figueroa in the hall of sessions, (p. 221-2.) Oct. 14th, land grants. Oct. 
15th, claim of Estudillo to be gefe politico ad interim, backed by the ayunt. 
of S. Diego, referred to com., but no action. Acting gefe pol. Castro au- 
thorized to collect his salary. Munic. fund of Monterey. Land grants. Oct. 
16th, Salvio Pacheco granted leave of absence for sickness. No formal ad- 
journment. Leg. Rec, MS., ii. 212-26. On p. 262-9 are found also many 
communications of no available importance connected with the acts of the 
dip. 



292 FIGUEROA, CASTRO, AND GUTIERREZ— THE COLONY. 

lately threatened; and the routine of business at 
successive sessions was for the most part unimportant, 
though I shall have occasion to notice elsewhere a 
few of the topics treated. The president was occu- 
pied with other matters, and the chief aim of the 
legislators was apparently to devise acceptable excuses 
for obtaining leave of absence. It is remarkable that 
Figueroa did not bring before the diputacion his 
policy and acts toward Hfjar and Padres with a view 
to strengthen his record with the approval of that 
body; but for some reason this was not deemed neces- 
sary. 

At the election of October 1834, Jose Antonio 
Carrillo had been chosen diputado to congress, with 
Mariano G. Vallejo as substitute. 32 Carrillo seems to 
have been at his post early in 1835, and his influence 
is apparent in an order of President Barragan dated 
May 23d, publishing the following decree of congress: 
"The pueblo of Los Angeles in Alta California is 
erected into a city, and it will be in future the capital 
of that territory." So well pleased was Don Jose 
Antonio with this achievement in behalf of his town, 
that he secured an impression from the type on white 
satin, which, tastefully bordered in blue, perhaps by 
Senora Carrillo, is in my collection. 33 The order was 
not officially published in California until December; 
but the news came that such a change was contein- 
plated, and the effect at Monterey may be imagined. 

32 See chap. ix. of this volume. 

33 Pico, Doc, MS., i. 1. The satin copy is mentioned by several Calif or- 
nians. Decree also given in Dept. St. Pap., 8. Jos6, MS., ii. 135; Id., Mont., 
iii. 47; Arrillaga, Rccop., 1835, 189-90, where it is said to have been published 
on June 10th; Dublan and Lozano, Leg. Mex., iii. 51. Decrees of congress 
dated March 21 and October 26, 1835, that diputados from Cal. are to 
have voice and vote in forming laws and decrees. Id., iii. 91; Dept. St. Pap., 
Mont., MS., iii. 56; Sup. Govt St. Pap., MS., xi. 1-2. June 13th, order 
concerning payment of dletas and vidticos. Arrillaga, Recop., 1835, 223-6. 
Oct. 15th, min. of war to gov., diputados ordered to proceed to Mex. without 
excuse. St. Pap., Sac, MS., xvi. 14. Dana, Two Years before the Mast, 196, 
says inaccurately that the form of sending representatives to congress was 
gone through; but there was little communication with the national capital, 
so a member usually stayed permanently, knowing there would be revolutions 
at home, and if another member should be sent, he had only to challenge him 
and thus decide the contested election. 



CHANGE OF CAPITAL. 293 

A meeting of the ayuntamiento was called October 
12th, before which bodv reasons most unanswerable 
and convincing — to the people of Monterey — were 
adduced why the proposed change of capital would be 
a measure outrageously detrimental if not fatal to all 
the best interests of the territory. 34 A report of 
Hartnell and Pacheco as a committee was approved, 
sustaining objections to the change, and recommend- 
ing a protest. This action was passed immediately 
to the diputacion, which body on the 14th confirmed 
it, resolved that the reports of the territorial congress- 
men were based on selfish interests, decided to remain 
with the gefe politico "at this capital" until further 
action ; and sent the whole expediente to Mexico by 
the Catalina on the 15th. 35 

Figueroa still bore in mind the importance to Mexi- 
can interests of founding a frontier settlement and 
garrison north of San Francisco Bay. In fact, he had 
temporarily suspended the enterprise only from fear 
of what he chose to regard as the revolutionary plans 

34 Of these reasons I note the following: Monterey has been the capital for 
more than 70 years; both Calif ornians and foreigners have learned to regard 
it as the capital; interests have been developed which should not be ignored; 
and a change would engender dangerous rivalries. The capital of a maritime 
country should be a port, and not an inland place. Monterey is a secure, 
well known, and frequented port, well provided with wood, water, and provi- 
sions; where a navy-yard and dock may be constructed. Monterey has a 
larger population than Los Angeles; the people are more moral and cul- 
tured (!); and the prospects for advancement are superior. Monterey has 
decent buildings for govt uses, to build which at Los Angeles will cost $30,- 
000; and besides, some documents may be lost in moving the archives. 
Monterey has central position, mild climate, fertile soil, developed agricul- 
ture; here women, plants, and useful animals are very productive ! Monterey 
is nearer the northern frontier, and therefore better fitted for defence. It 
would be unjust to compel the majority to go so far on government business. 
It would be impossible to assemble a cpiorum of the dip. at Los Angeles. 
The sensible people, even of the south, acknowledge the advantages of Mon- 
terey. Monterey had done no wrong to be deprived of its honor, though 
unrepresented in congress; while the last three deputies have had personal 
and selfish interests in favor of the south. 

35 Monterey, Acuerdo del Ayuntamiento y de la Diputacion contra el pro- 
pursto Cambio de Capital en favor de Los Angeles, 1835, MS. In Monterey, 
Actos de Ayunt., MS., 118-20, the matter was first brought up on the 10th 
and the report approved on the 13th. Carrillo's letter with the decree was 
received Dec. 31st. Id., 146. This action of the diputacion, as we have seen, 
is not given in the legislative records. 



294 FIGUEROA, CASTRO, AND GUTIERREZ— THE COLONY. 

of Hi jar and Padres. As soon as these betes noirs 
were fairly out of the country, therefore, he instructed 
Vallejo to establish at once garrison, town, and colony. 
His letters accompanying the instructions to Vallejo 
were dated June 24, 1835, and the site was to be in 
Sonoma Valley, instead of that formerly chosen at 
Santa Rosa. The chief motive announced was a de- 
sire to check the possible advance of Russian settle- 
ment from Bodega and Ross. Vallejo was authorized 
to issue grants of lands, which would be confirmed, 
and the only precaution urged was that the Mexican 
population should always be in excess of the foreign; 
that is, that the granting of lands should be made 
an obstacle rather than an aid to foreign encroach- 
ment. The young alferez was praised and flattered 
without stint, and urged to strive for "that reward 
to which all men aspire, posthumous fame," even if he 
should be called upon to make personally some ad- 
vances of necessary supplies for the colony. The 
truth is, that Figueroa was not quite easy respecting 
the view that would be taken in Mexico of that part 
of his policy toward Hijar and Padres which had 
caused the abandonment of the northern settlement; 
but with such a settlement actually established he 
would have no fears; hence his zeal. 36 The instruc- 
tions that accompanied these letters are not extant, 
nor have we any official record respecting the founding 
of the town. We know only that at the ex-mission 
of San Francisco Solano, where he had spent much of 
the time for nearly a year as comisionado of seculari- 
zation, Vallejo established himself with a small force 
in the summer of 1835, and laid out a pueblo to which 
was given the original name of the locality, Sonoma, 
Valley of the Moon, a name that for ten years and 
more had been familiar to the Californians. Vallejo 

5G June 24, 1835, confidential letters of Figueroa to Vallejo — or what 
purport to he and probably are copies of such letters — furnished by Vallejo 
to Gen. Kearny in 1847, in St. Pap., Miss, and Colon., MS.,ii. 400-8; also 
printed with English translation in CaUfornian, Apr. 13, 1S47; CcUif. Star t 
March 13, 1847; Jones' Report, no. 24. 



SONOMA— DEATH OF FIGUEROA. 295 

soon gained, by the aid of his military force, and es- 
pecially by alliance with Solano, the Suisun chief, a 
control over the more distant tribes which had never 
been equalled by the missionary and his escolta, a 
functionary who, however, still remained as curate. 
Quite a number of families, both Californians and 
members of the famous colony, settled at Sonoma. 37 

Jose Figueroa died at Monterey September 29th, 
at 5.30 P. M., from the effects of an apoplectic attack, 
after about a month's illness. The funeral ceremonies, 
with firing of guns and other military honors, took 
place at the capital October 2d, being attended by all 
the people of the vicinity, and by prominent men 
from all parts of the territory. The body was em- 
balmed rudely and taken to Santa Barbara by the 
Avon, which sailed the 17th, to be deposited in a 
vault of the mission church on the 29th. There the 
remains were to lie, according to Figueroa's request, 
until the Mexican government should send for them 
to render fitting honors to the memory of a warrior 
who had distinguished himself in the struggle for 
independence. Mexico never did anything of the 
kind, and the Californians were not much more zeal- 
ous in perpetuating his memory. The diputacion, on 
motion of Juan B. Alvarado, passed some very eulo- 
gistic resolutions in the sessions of October 10th— 14th, 
providing for the hanging of Figueroa's portrait in 

37 Details given by Vallejo, Hist. Gal. MS., iii. 11-22, and less fully by 
Alvarado, Hist. Gal. MS., ii. 199-202, the same having been reproduced in 
different combinations by several newspaper writers are so manifestly inac- 
curate in so far as they can be tested as to be of no value. The general idea 
conveyed is that of an expedition into a new frontier country, including bat- 
tles, maritime adventures, and treaties with thousands of hitherto hostile In- 
dians; the past 10 years of peaceful occupation and Vallejo's own past 
residence at Sonoma being substantially ignored. The foundation of the town 
is also made to precede the expulsion of Hijar and Padres. Vallejo men- 
tions the following names on his way to Sonoma: Pt Novato; Embarcadero 
of P. Ventura, orLakeville; Pt Tolai, on Midshipman's Creek; and Pulpula, 
or Pope's Landing. Vallejo also states that W. A. Richardson assisted him 
in making the survey. In 18G1 Santiago Argiiello assured Judge Hayes, 
Emirj. Notes, 454, that he was the founder of Sonoma, having made the map, 
etc. 500 soldiers is a favorite newspaper statement of Vallejo's force. 25 
would perhaps be a more accurate estimate. 



296 FIGUEROA, CASTRO, AND GUTIERREZ— THE COLOXY. 

the legislative hall, with the inscription " Benefactor 
of the Territory of Alta California;" for a suitable monu- 
ment to be erected at Monterey ; and for the printing 
of the resolutions in the manifesto about to be pub- 
lished. The monument was intrusted to the ayunta- 
miento, which body before the end of 1835 had gone 
so far as to devise an appropriate inscription in Latin 
and Spanish, and to ask officially how the cost was to 
be paid. Here the matter ended for all time. 38 

A biographical sketch of Figueroa, as in the case 
of his predecessor Victoria, is not required here, 
because all that is known of his life has been told in 
this and the two preceding chapters. In person, he 
was a little below medium height, thick set, with a 
swarthy complexion, black and abundant hair, scanty 

38 Sept. 29th, Zamorano to comandantes, and private letters to Vallejo and 
Vallc announcing the death. Vallejo, Doc, MS., iii. 74-5. Record of the 
death also in S. Diego, Arch., MS., 59; Dept. St. Pap., MS., iv. 56. On Sept. 
2Gth the American medico Stokes had joined the council of doctors to con- 
sider the governor's case. Dept. St. Pap., Pre/, y Juzg., MS., v. 53. Sept. 
3d, F. had been at S. Rafael. Id., Ben. Mil., lxxviii. 8. Military- 
honors ordered, including a gun each half hour for about a week, besides 
special artillery evolutions on the day of funeral. Id., Ben. Mil., lxxx. 20-1. 
Valle, Lo Pasado de Cal., MS., 15, speaks of having been at Sta Cruz where 
he heard the first guns without knowing the occasion. Figueroa had ordered 
a grand celebration of the national fiesta on Sept. 16th. Id., 19-20. Trans- 
fer of the remains to the south on the Avon, and ceremonies at Sta Barbara. 
Dept. St. Pap., MS., iv. 58-9; Id., Ben. Mil, lxxx. 23. The mission books 
of Sta B. contain no record on the subject, probably because the deposit in 
the vault was not intended as a permanent one. Accounts of the embalming 
of the body by Drs Alva, Stokes, Cooper, and others, in Gonzalez, Memorial, 
MS., 17-18; Dye's Recol, MS., 3; Gomez, Lo que Sabe, MS., 178-9; Pinto, 
Apunt., MS., 12-13. It is stated by Gonzalez and Gomez that the remains 
were removed from the vault in 1845, at which time the coffin was opened 
and found to contain nothing of the body but dust; and it was thought this ef- 
fect was due to the arsenic used in the embalming process. From Mexico there 
came in time an order dated Feb. 8, 1836, that the remains should be placed 
where Figueroa had desired. Sup. Govt St. Pap., MS., xii. 1. Action of the 
dip. and ayunt., in Figueroa, Manifesto, 177-84; Leg. Pec, MS., ii. 222, 2G8-9; 
Monterey, Actos de Ayunt., MS., 122, 134-5; Robinson's Life in Cal., 168-72; 
Vallejo, Hist. Cal., iii. 60-7. The inscription to be put on the monument 
was as follows in substance: 'To the Eternal Memory | of GcneralJose' Figue- 
roa Political and Military Chief | of Alta California | Father of the Coun- 
try dedicate this monument | the Provincial Diputacion | and the Ayunta- 
miento of Monterrey | at public expense | as a mark of gratitude. | Died in this 
capital | Sept. 29, 1835 | at the age of 43. ' General mentions of F. 's death, with 
more or less eulogy, in nearly every case, in Pico, Acont., MS., 26-7; Ord, 
Orurrencias, MS., 68-9; Galindo, Apuntes, MS., 31; Castro, Rel., MS. 35-6; 
Amador, Mm/., MS., 142; Fernandez, Cosa«, MS., 70-2, 84-5; Vallejo, Rem- 
inis., MS., 110; Alvarado, Hist. Cal., MS., ii. 238-9; iii. 37-40; Vallejo, 
Hist. Cal, MS., iii. 55-9; Tuthill's Hist. Cal, 139-40. 



FIGUEROA'S CHARACTER. 297 

beard, piercing eyes, protruding lip, and large prom- 
inent teeth. He is believed to have had a large 
admixture of Indian blood. In manner, he was 
extremely affable and fascinating, especially in his 
intercourse with inferiors. His favorite vice was 
gambling; and though there is some evidence that he 
had a family in Mexico, he kept a mistress, and left a 
natural daughter in California. He brought to the 
country a military reputation, considerable experience, 
good administrative abilities, and great skill in the 
arts by which personal popularity is acquired. His 
term of office in California was brief, and the circum- 
stances of his rule were favorable. His enemies were for 
the most part men of straw ; his partisans were then and 
later the controlling element of the population. Even 
the padres were forced by circumstances into a partial 
and negative support of his policy. Moreover, he did 
some really good work in organizing territorial and 
local government, and he made no serious errors. He 
was liberal in the matter of land grants and in his 
policy toward foreigners. He antagonized no class, 
but flattered all. Hence an enviable reputation, for 
the Californians have nothing but praise for the 
character and acts of Fisfueroa. He ' has been for- 
tunate in his fame. Eulogy has been exaggerated; I 
think the man's acts and correspondence show traits 
of character that under less favorable circumstances 
would have given him a much less favorable record. 
Nevertheless, he is probably entitled to his position 
in history as the best Mexican governor ever sent to 
rule California. 39 In several following chapters I 

39 Some miscellaneous items about Figueroa: Bandini is the only prom- 
inent Californian who did not share the enthusiasm for F., and even he in 
his History and correspondence did not deem it expedient to speak very decid- 
edly against the popular sentiment. Osio, Hist. Col., MS., 240-8, narrates 
that F. was silent partner with Angel Ramirez in a monte game at the cap- 
ital, which was broke up by the alcalde, tells of his giving a banquet in 
honor of a newly married Indian couple, and himself leading the dance with 
the bride, and states that his sympathy for the natives made him too lenient 
in punishing their crimes. F. 's physical appearance is spoken of particularly 
in Pko, Hist. Cal., MS., 56-7; Botello, Anales, MS., 13-17; Avila, Notas, 
MS., 16; Vald6s, Mem., MS., 23; Vega, Viola Cal., MS., 13; Serrano, 



293 FIGUEROA, CASTRO, AND GUTIERREZ -THE COLOXY. 

shall have occasion to speak frequently of Figueroa, 
though in this I leave him in his tomb. 

In May 1835 the gefe politico had notified the su- 
preme government that he should be obliged to sur- 
render the office temporarily to the senior vocal of the 
diputacion and seek relief for his illness away from the 
capital. He then intended to make the change in 
June, but did not do so until after the diputacion had 
assembled. On August 29th he issued an order to 
Jose Castro as senior vocal to assume the office as act- 
ing gefe politico during his necessary absence. Cor- 
responding circular orders were sent the same day to 
the different alcaldes. 40 It is not known what part 
of the time in September Figueroa was absent from 
Monterey, nor what duties if any Jose Castro per- 
formed as acting gefe in that month. He doubtless 
presided at several sessions of the diputacion at any 
rate. Just before his death, however, in accordance 
with the national law of May 6, 1822, and with the 
strong popular feeling in favor of a separation of the 
commands, Figueroa disposed that Castro should suc- 
ceed him as gefe politico ad interim, while Lieutenant- 
colonel Nicolas Gutierrez, as the ranking officer in Cal- 
ifornia, was to assume the position of comandante gen- 
eral. Gutierrez had been summoned to the capital by 
letter of September 22d, and arrived a few days after 
Figueroa's death. After urging various excuses — ill 
health, want of ability, aversion from stepping into 

Apuntes, MS., 28-30; Torre, Bernini*., MS., 32, 36-7, 51-2. All speak in 
praise of his character, as in Arce, Memorias, MS., 5-6; Pico, Acont., MS., 
24, 27; Pinto, Apunt., MS., 12-14; Marsh's Letter, MS., 5-7; Spence's Notes, 
MS., 16-17; Ord, Ocurrencias, MS., 54, 61, 68. Alvarado and Vallejo, Hist. 
CaL, MS., passim, are very enthusiastic in their praise of the man and all 
his acts. Requena, in Hayes' Miscellany, 29, says that F. bought the Alami- 
to3 rancho in 1835 for $500. Mention of a family in Mexico and heirs to the 
California estate. This in 1854 in connection with a suit of Stearns about 
Alamitos. Doc. Hist. CaL, MS., i. 518. The idea expressed by Tu thill and 
others that F. was harassed to death by his enemies, or worn out by his labors 
in behalf of Cal., has little foundation in fact. 

''Aug. 29, 1835, F. to C. to alcaldes, and to prefect of missions. Dept. St. 
Pap., MS., iv. 48; /(/., Aug., xi. 37-9; S. Diego, Arch., MS., 50. Arch, Ar- 
p3., MS., v. pt ii. 11-12. In Monterey, Actos Ayunt.. MS., 125-7, the date 
ij Aug. 27th, when F. announced the change to dip. and ayunt. 



CASTRO AS GOVERNOR. * ' 299 

the place of a deceased friend, and his Spanish birth — ■ 
for declining the command, he at last yielded to the 
decision of a council of war and accepted the office on 
the 8th of October. 41 

Castro was in reality third vocal in rank of senior- 
ity, though the oldest who had been present in the 
sessions of this year. Jose Antonio Carrillo was in 
Mexico, but Jose Antonio Estudillo was at San Diego, 
being excused on account of illness. To him doubt- 
less the gefatura belonged, unless so ill as to be un- 
able to perform the duties. The ayuntamiento of San 
Dieofo took this view of the matter at the session of 
September 21st, held on receipt of the circular of 
August 29th, and sent a corresponding protest. This 
would seem an excellent foundation for a quarrel ; but 
the records are vague respecting subsequent develop- 
ments. Estudillo's claims were never allowed, ap- 
parently never even considered at the capital, and 
were abandoned soon by himself and friends. Possi- 
bly he was really too ill to take the office; and it is 
also possible that, as Bandini states, Castro turned 
over the office to the comandante general without 
much objection early the next year to avoid turning 
it over to Estudillo. 42 Castro at any rate assumed the 

41 Oct. 8, 1835, Gutierrez to Castro, to comandantes, and to ayuntamientos. 
Dept. St. Pap., MS., iv. 56-8; Id., Ben. Com. and Treas., iii. 70-81; 
Id., 8. Jose, v. 1-2; S. Diego, Arch., MS., 56-8; Hayes' Doc. Hist. Cal, 
MS., 31. Oct. 9th, order in the garrison order-book for Gutierrez to be recog- 
nized, signed by Capt. Muiloz. Dept. St. Pap., Ben. Mil., MS., lxxx. 22. 

42 Sept. 21, 1831, action of ayuntamiento in favor of Estudillo. S. Diego, 
Arch., MS., 56-7; Hayes' Doc, MS., 29; Dept. St. Pap., Pre/, y Jiag., MS., 
iii. 34; Oct. 10th, Castro to alcalde of S. Diego, complaining that no answer 
had been received to the circular of Aug. 29th, which had conveyed the infor- 
mation of his appointment 'on account of the absence and sickness of the vocal 
to whom it belonged.' (There had been nothing of the kind in the circular.) 
He had heard that there was some difficulty at S. Diego about recognizing 
him (he must naturally have seen the protest of Sept. 21st, sent to Figueroa), 
and asks for information without delay. S. Diego, Arch., MS., (51. In S. 
Diego, Index, MS., 15, allusion is made to a reply of the ayunt. sustaining 
E. 's claims. Oct. 15th, communications from E. and from the ayunt. were 
received by the dip. and referred to a committee; but there is no record of 
discussion or of results. Leg. Rec, MS., ii. 222-4. In Savage, Doc, MS., 
42-4, is an undated record or argument on the subject, apparently emanating 
from Bandini, in which Castro's argumeuts are referred to, thus implying that 
there had been a correspondence and refusal by Castro. At the same session 
the payment of Castro's salary was authorized at §3, COO per year. Jan. 22, 



300 FIGUEROA, CASTRO, AND GUTIERREZ— THE COLONY. 

office, was supported by the diputacion, and recog- 
nized by all the local authorities of the territory, 
meeting no opposition except that alluded to in San 
Diego. He ruled until January 1836; but during 
his term there was nothing in connection with po- 
litical annals which calls for notice here. Castro 
carried out as nearly as possible his predecessor's 
plans, performed faithfully the few routine duties re- 
quired of him, and if he had no opportunity to make 
himself famous, he at the least committed no serious 
or disgraceful errors. 43 

1836, Capt. Portilla to Gutierrez. Says that Pio Pico did not recognize Cas- 
tro's right to be gefe politico. Dept. St. Pap., Ben. Mil., MS., lxxxi. 31. In 
a complaint of the alcalde to the gefe politico in April 1836, the sindico is 
charged with having presented in the name of the people a paper inviting 
other ayuntamientos not to recognize Castro. He also went about inciting 
the Indians to a campaign against Monterey, affirming that Capt. Portilla 
would take command of the movement. All this in Dec. 1835. 8. Diego, 
Arch., MS., 98. Whether this 'plan' had anything in common with that 
accredited to Bandini and investigated by Gov. Chico's orders the next year, I 
am not quite certain. Id., 104, 116. Bandini's statement is in his Hist. Cal., 
MS., 79-80, but he gives no particulars. Jose" Maria Estudillo, Datos, MS., 
7, says that his father was invited by Figueroa to take the gefatura, but de- 
clined. Botello, Anales, MS., 17-18, gives the same version. 

43 General mention of Castro's succession and rule, including in most cases 
the transfer to Gutierrez in Jan. L836: Alvarado, Hist. Cal., MS., iii. 41-5, 
stating that Zamorano worked hard to induce Figueroa to give both com- 
mands to Gutierrez at the first; Larios, Convulsiones, MS., 15-16; Pinto, 
Apunt., MS., 14-15; Pico, Acont., MS., 27-8, saying C. expected opposition 
from G., and gathered some of his friends and relatives about him; Voile, Lo 
Pasado, MS.; Vallejo, Hist. Cal., MS., iii. 69-74, mentioning some troubles 
with P. Mercado; Galindo, Apuntes, MS., 31-2, characterizing the hesitation 
of G. to accept the command as mere pretence; Serrano, Apuntes, MS., 30; 
Vallejo {J. J.), Reminis., MS., 117, complimenting C. for having kept the 
country free from the strife of factions; Juarez, Narr., MS., 7, offsetting C.'s 
good record at this time against his bad one of later years; Botello, Anales, 
MS., 18-19; TuthilVs Hist. Cal, 141; Ord. Ocurrencias, MS., 84-5; Mofras, 
Explor., i. 298; Marsh's Letter, MS., 7. The last two omit all mention of 
C.'s rule, and make G. succeed Figueroa. 



CHAPTEft XL 

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 Reglamen- 
to — Notes of Padre Sanchez — Bachelot and Short — Exiles from 
the Hawaiian Islands — New Missionaries in 1833 — The Zacate- 
canos — Division of the Missions — Troubles in the North — Flog- 
ging Neophytes — Supplies for San Francisco — Misconduct of Padre 
Mercado at San Rafael — Massacre of Gentiles — Figueroa's In- 
structions on Secularization — Echeandia's Regulations — Figue- 
roa's Policy — Experiments in the South — Provisional Rules — 
Emancipation in Practice — Projects of President Duran — Figue- 
roa's Report against Secularization — Mexican Decrees of 1833 — 
President and Prefect. 

Most important of general matters for the half- 
decade, after or even before political events and an- 
nals of the colony, is the affairs of the missions, 
especially in the phase of secularization. So closely 
is this subject connected with the general history of 
the territory, that I have been obliged frequently to 
give it more than mere passing mention in the last 
four chapters; yet it is absolutely necessary, at the 
cost of some slight repetition, to treat the matter sep- 
arately and fully. As a fitting introduction, I refer 
the reader to what I have written on secularization 
for the preceding period of 1826-30, including Echean- 
dia's instructions, policy, and efforts. 1 I also append 
in a note the substance of Echeandia's plan, as ap- 

a See chap, i v., this volume. 

(301) 



332 MISSIONS AND SECULARIZATION. 

proved by the diputacion in July and August 1830, 
and sent to the supreme government in September 
for approval. 2 . The padres made little opposition to 

2 Echeandia, Plan para convcrtir en Pueblos las Misiones, 1829-30, MS. 1. 
The missions shall he converted into pueblos one by one as the territorial govt 
may determine, in view of the reports of the missionaries and president, and 
in conformity with the dip. In case the dip. opposes the views of the gefe, 
the matter is to be referred to the sup. govt. 2. Beginning at once without 
distinction as may be convenient with the 4 (7?) nearest the presidios, pueblos, 
and villa; then following also without distinction with S. Buenaventura, S. 
Juan Capistrano, S. Luis Obispo, and S. Antonio; then the rest in succession 
— but the change is not to be effected the first year in more than two mis- 
sions, in order to observe what is to be done later with the rest. 3. The ranchos 
joined to each mission will continue to recognize it as head town, being ruled 
by an auxiliary alcalde or by an ayuntamiento, as may seem best to the govt 
in accordance with the laws. 4. The new ayunt. will recognize as head 
town of the partido the presidio or pueblo recognized in their last elections 
for diputados. 5. Farming and grazing lands, which by constant use down 
to the date of swearing to independence or by approval of the ter. govt they 
have cultivated and occupied with their property, are to remain the property 
of these pueblos — which will be composed of their neophytes and of such 
other Mexicans as may wish to settle in them according to the terms of 
following articles on the distribution of lands: 6. To neophytes, including 
those absent with leave, and to other servants of the mission wishing to re- 
main, will be distributed by lot, to each family a house-lot 75 varas square 
and a field 200 v. sq. — the lots in blocks of four, 150 v. sq. with suitable streets 
and plazas. Some details respecting equitable division of lands with regard 
to quality. 7. To each pueblo will be assigned an er/ido of 1 sq. league for 
each 500 head of live-stock — of good grazing land near the settlement. 8. 
Within 6 months of the publication of the change of any mission into a pue- 
blo, there shall be given to each family 3 cows, 3 horses, 3 sheep, a yoke of 
oxen, a mule or an ass; various implements named, both to families and for 
common use; and they are also to receive for a year rations proportioned to 
the preceding crop. 9. Other families, not neophytes or with leave of ab- 
sence, will have lots and fields from those that remain. No one may pasture 
in the egido over 50 cattle and 25 horses. 10. All property thus distributed 
to be indivisible and inalienable for 5 years; neither can the settlers or their 
heirs encumber this property with any mortgage, lien, etc. 11. The settlers 
must be governed by the general, territorial, and local laws and regulations, 
in like manner as at S. Jose 1 and Los Angeles at the beginning, all paying 
tithes of course. 12. Of similar purport, each individual to obey the laws 
of Mex. and Cal. 13. Details respecting later distribution of stallions, bulls, 
etc. 14. Names of all individuals to be recorded with the distribution of 
property. 15. The pueblos to keep the names of the missions, but the set- 
tlers may propose any other name 'of laudable origin' to the dip. and to con- 
gross. 16. The church and the rooms used for service and residence of the 
chaplain or curate are to be those now occupied and such as may be built 
later. The rest of the mission buildings will be devoted to uses of the ayunt. , 
prisons, barracks, schools, hospital, etc., and the present dwellings of the 
neophytes will serve at present for the pueblo officials. 17. The live-stock 
and other property remaining after the distribution will remain in charge of 
an administrator subject to the inspection of the ayunt. and of the dip. Re- 
maining lands, to the extent of 4 sq. leagues for 1,000 head of large stock, and 
3 sq. leagues for small stock, to serve for the support of the flocks and herds; 
and expenses of labor, etc., to be paid from the product of the capital. 18. 
From the remainder of said capital, rent of surplus lands, yield of vineyards, 
etc., will be paid the wages of a school-master, hospital expenses, and other 



ECHEANDfA'S PLAN. 303 

this plan in California, trusting rather to efforts in 
Mexico, and especially to the change in national ad- 
ministration, which was to furnish for the territory 
a new governor and a new policy. 

There had been no avowed intention on the part of 
governor or diputacion to carry into practical effect 
the provisions of the plan without the consent of the 
superior authorities, and in forming the plan Echeandfa 
had but obeyed after long delay his instructions from 
Mexico. It became, however, more and more prob- 
able as the months passed by that a new governor 
would arrive in advance of the desired ratification; 
hence a strong temptation to act without that ratifi- 
cation. 3 In a letter written in 1833 Echeandia de- 
fended his action substantially as follows. "At the 
beginning of 1831 I found myself," by reason of im- 
proved organization *of territorial and municipal gov- 
ernment, the aid of an asesor and ayudante inspector, 
the separation of Baja California, and other favorable 
circumstances, "in a condition to attend to mission 
reforms. Knowing that Guadalupan missionaries 
w r ere coming, and that it was as important to prevent 
their succession to the temporal administration as to 
secure their succession to the spiritual; considering 
that on account of continual wars in Mexico my plans 
could not have received attention, and had perhaps 
been lost on the way; having the presidial companies 

institutions of asylum, correction, and instruction, deemed necessary. 19. 
The curates will continue to receive, as the missionaries do now, $400 from 
the pious fund; which will be increased to $700, $800, $900, or $1,000, ac- 
cording to the size of the pueblo, from the product of the funds in charge of 
the administrator. If these funds be insufficient, the sum may be made up 
by a pro-rata tax on the funds of other pueblos; or in extreme cases by a con- 
tribution in the interested pueblo. 20. The ter. govt, with approval of the 
gen. govt, will provide in detail for whatever may seem best for the prog- 
ress and well-being of each pueblo, acting provisionally as circumstances 
may demand. 21. The missionaries may remain in charge of the spirit- 
ual administration, receiving the allowance of art. 19; or they may go 
to form new missions in the ranchos not to be converted into pueblos, or 
at any other points in the interior. Leg. Rec, MS., i. 134-58; Guerra, Doc, 
MS., i. 5-14; Dept. lice, MS., viii. 70. 

3 The plan was favorably reported to congress by the minister. Mexico, 
Mem. Relatione.?, 1831, p. 33; Hup. Govt St. Pap., MS., vii. 1; and it was 
only Echeandia's later action that was disapproved. 



304 MISSIONS AND SECULARIZATION. 

to support on home resources; being in constant trou- 
ble on account of the soldiers of the escoltas, often 
favorites and servants of the padres and corrupters of 
the neophytes; knowing well that to insure the integ- 
rity of the nation and tranquillity and prosperity at 
home, it was best to abolish once for all the oppression 
of the neophytes by establishing a secular govern- 
ment, since once converted from slaves to proprietors 
they would become enthusiastic supporters of the fed- 
eral system, a means of defence against foreign 
schemes, and of support to the territorial government 
and troops; desiring to release the missionaries for 
the founding of new missions; therefore I proposed to 
consolidate the security and good order of the terri- 
tory by converting into free men and proprietors the 
18,000 forzados, indigentes reducidos in the old mis- 
sions, in order to advance rapidly to the civilization 
of the multitude of gentiles who also with their lands 
belong to our nation, thus avoiding the necessity of 
foreign colonization. Therefore I repeat, at the be- 
ginning of 1831, all being ready for the regeneration 
intrusted to me, and for which I had striven so hard, 
mindful of the laws and of the benefits to result, tak- 
ing advantage of the most fitting occasion to develop 
the power of right by which was to be restrained the 
colossal arbitrary power of the missionaries — I took 
steps to put the neophytes under the civil authorities, 
deeming this the fullest possible compliance with the 
laws and superior orders." 4 

The special pleading quoted, or condensed from the 
author's original verbosity, was of course all beside 
the true question at issue. The territorial govern- 
ment, as Echeandfa well knew, had no power to 
secularize the missions. Nevertheless, a decree of 
secularization was issued January 6, 1831. It was 
an illegal and even revolutionary measure, devised by 

i Echeand(a, Carta que dirige a Don Jos6 Figueroa, 1833 ', MS., p. 44-50. 
Though put in quotation-marks, what I have given is but a brief resume" of 
the author's endless and complicated words and phrases. 



DECREE OF JANUARY, 1S31. 305 

Jose Maria Padres in supposed furtherance of his 
own interests or radical theories, and those of a few 
friends. I have already had something to say of this 
golpe de estado. 5 Had it been accomplished some 
months earlier, there might have been a plausible 
hope on the part of Padres and his party for success; 
but now when Victoria was already in California, it 
was a most absurd and aimless scheme, unless indeed 
it was intended to have the effect it did have; that is, 
to drive Victoria to the commission of arbitrary acts 
and thus lay the foundation for a revolution. The 
results politically have been related. 

The decree of January 6, 1831, was for the most 
part in accordance with the plan of 1830. From the 
original in my possession I form the appended re- 
sume. 6 San Carlos and San Gabriel were to be organ - 

5 See chap, vii., this vol. The views of Padres in this connection, already 
well known to the reader, are given at some length in Oslo, Hist. Cal., MS., 
155-64; Vallejo, Hist. Cal, MS., ii. 254-G2; Alvarado, Hist. Cat., MS., ii. 
100-1; Guerra, in Carrillo (./.), Doc, MS., 31-2; Robinson's Life in Cal., 97; 
Figueroa, Manijiesto, 2-3. 

6 Echeandia, Dccreto de Secularization de Misiones, 6 de Enero, 1831, 
MS. Also in Dept. Bee, MS., ix. 65-77; Arch. Sta B., MS., ix. 435-70. 
TJie document is signed at Monterey on Jan. 6th, by E. and, in the secre- 
tary's absence, by Jose Maria Padre's. 

Preamble. — Whereas, 1. All Mexicans enjoy the rights granted by the 
organic law except the mission Indians; 2. The law of Sept. 13, 1813, ex- 
pressly provides that the missions be formed into towns; 3. Grave evils will 
result from the continued granting of licenses as heretofore; 4. The dip. — be- 
ing convinced that the neophytes live in a state of discontent, that most of 
the friars have declared themselves opposed to independence and the national 
govt, and that the decay of the missions must follow — decreed in August 
last in accord with my propositions the manner of distributing lands and 
property; therefore I have deemed it proper to decree for the present as 
follows: 1. S. Gabriel and S. Carlos are to be organized as towns, the latter 
retaining the name of Carmelo. 2. At S. Gabriel 4 comisarios to be elected, 
dependent on the ayunt. of Los Angeles until the population be determined, 
and to be elected under the direction of a trustworthy person selected by 
that ayunt. 3. Same at S. Carlos, dependent on ayunt. of Monterey. Elec- 
tions to take place on 3d and 4th Sundays of Jan.; officers to enter upon the 
discharge of their duties on Feb. 1st. 4. The ranchos of each mission to con- 
tinue subject to it, and to have a sub-comisario if the number of inhabitants 
be considerable. 5, 6. Identical with art. 5, 6, of the plan of 1S30. 7. All 
inhab. of the two missions 25 years old, or 18 years if married, are entitled 
to grants of land in fee simple; but the lands cannot be subjected to entail or 
mortmain. 8, 9, 10. Correspond with 8, 7, 12, of the plan. 11. Unmarried 
neophytes of 25 years or more to have only half the house lot granted by art. 
6; and to have a smaller share of live-stock, tools, etc., than the others. 
12-17. Correspond in substance to art. 10, 14, 11-13, 16, 17, 18, of the plan. 
18. An administrator is to be appointed for each town; and for this purpose 
Hist. Cal., Vol. III. 20 



306 MISSIONS AND SECULARIZATION. 

ized at once into towns, the surplus property after 
distribution to neophytes passing under the control of 
secular administrators. A similar change was to be 
effected at most of the other missions as rapidly as 
the comisionados appointed to superintend the distri- 
bution could attend to their duties. Suitable pro- 
vision was made for the support of the ministers, 
and for the education of Indian children. 

Governor Victoria had arrived at Santa Barbara 
on his way to assume the command, the transfer of 
which Echeandia purposely delayed for the advance- 
ment of the secularization scheme, and he took steps 
to prevent the official publication of the banclo of Jan- 
uary 6th in the south. 7 His exact instructions from 

heads of families are to choose three men to be named to the ayunt., which 
body will forward the names to the gov. with a report on qualifications. 19. 
The administrator to have charge of all property remaining after the distri- 
bution, the same to be delivered to him by inventory. 20. The citizens in- 
terested will appoint the necessary majordomos, who will be under the 
administrator's direction. 21. They will also propose to the comisario the 
proper salaries of administrator and majordomos, to be laid before the 
ayimt. and gov. 22. Corresponds to art. 17-18 of plan. 23. The minister 
will be allowed $1,000 at S. Gabriel and $600 at Carmelo, including the 
sinodo of $400. 24. At S. F., S. Jose\ Sta Clara, S. Juan Bautista, Soledad, 
S. Antonio, S. Miguel, Sta In6s, S. Buenaventura, S. Fernando, S. Juan 
Capistrano, and S. Diego, comisarios, administrators, and majordomos will 
be chosen as provided in art. 2-4, 18, 20; but in other respects they will con- 
tinue under the community system until the comisionados for the distribu- 
tion of lands, etc., shall have concluded their labors at S. Gabriel and S. 
Carlos, when they will attend to these. 25. The ministers of these missions 
will be furnished by the administrators with support and servants in addition 
to their sinodos until a proper allowance for their spiritual services is deter- 
mined on. 26. At Sta Cruz, S. Luis Obispo, Purisima, Sta Barbara, and S. 
Luis Rey only comisarios and majordomos are to be chosen, the administra- 
tion remaining for the present in the hands of the padres. 27. In the future, 
for the purposes indicated, S. F. will belong to the port of the same name; S. 
Jos6 and Sta Clara to the ayunt. of S. Jose; Sta Cruz, S. Juan, Soledad, S. 
Antonio, S. Miguel, and S. Luis Obispo to that of Monterey; Purisima, Sta 
In6s, Sta Barbara, and S. Buenaventura to the comandancia of Sta Barbara; 
S. Fernando and S. Juan Capistrano to the ayunt. of Los Angeles; and S. 
Luis Rey and S. i)iego to the comandancia of S. Diego. 28. With all pos- 
sible haste a school is to be establised at S. Gabriel and at Carmelo, in which 
reading, writing, and arithmetic will be taught as well as the best morals 
and politics. 29. Each of the southern missions up to Sta Ines will send 4 
clear-headed pupils over 18 years of age to the school at Monterey. 30. 
Each of the northern missions will send 4 Indian pupils to Carmelo. 31. 
The pupils to be chosen by the comisarios and administrators. 32. Teachers 
to have $40 or $50 according to skill; and to have also $15 for each proficient 
pupil produced in months, or $5 for each at the end of a year. 33. Per- 
sons deeming themselves competent to teach Mill make application to local 
authorities. 

7 Jan. 7, 1831, Guerra says the new mandarin expresses very sensible 



ATTEMPT TO ENFORCE THE PLAN. 307 



Mexico are not known, but the spirit of the adminis- 
tration which he represented was favorable to the 
friars; and he understood- perfectly not only the ille- 
gality of Echeandia's act, but its motive and the influ- 
ence of Padres in the matter. In the north the banclo 
was more or less fully published in January. The 
document with the proper instructions and requests 
was sent not only to local officials, but to the padre 
prefect and bishop, who were urged to instruct and 
prepare the friars for the change. 8 , The ayuntamiento 
of Montere} 7 on the 8th chose a comisionado for each 
of the seven missions of the district. 9 Jose Castro 
and Juan B. Alvarado were sent to San Miguel and 
San Luis Obispo respectively, where they read the 
decree and made speeches to the assembled neophytes. 
At San Luis, and probably at all the missions of the 
district, the comisarios were elected; but at San Mi- 
guel, after listening to the orators, the neophytes ex- 
pressed a very decided preference for the padre and 

views in regard to-' the missions — that is, of course his views were favorable 
to the padres. Carrillo (J.), Doc, MS., 33. Jan. 14th, V. to E. Has just 
seen 'by a lucky accident' the edict, which contains provisions entirely con- 
trary to superior instructions and orders. He has taken steps to counteract 
the evil results, but holds E. responsible if any occur. St. Pap., Miss, and 
Colon., MS., ii. 35-G. Jan. 19th, V. to sup. govt, denouncing the decree as 
a scheme for plundering the missions, instigated by Padres. It was published 
at Monterey and probably at S. Francisco; but elsewhere it wa3 deemed too 
risky. Sup. Govt St. Pap., MS., viii. 8-10. Yet the decree was known in 
the south; for on Jan. 21st, Com. Arguello at S. Diego directs to the com. 
gen. an argument against making the proposed change at S. Gabriel, chiefly 
because the troops could not get along without the supplies furnished by 
that mission. Dept. St. Pap., MS., iii. 1-3. Echeandia in 1832 stated that 
the devil had prompted Victoria to prevent the publication in the south and 
afterwards to nullify the decree in the north, giving no reasons for such 
shameful conduct! St. Pap., Miss, and Colon., MS., ii. Gl. On the general 
fact of V. 's nullification of the decree, see TuthilVs Hist. Cat, 131; Hailed* s 
Report, 12.3; Ord, Ocurrenrias, MS., 38-9; Amador, Memorias, MS., 12G-8. 

8 Jan. G, 1831, E. to bishop of Sonora. Uept. St. Pap., Ben. Mil, MS., 
lxxiii. 52. Same to prefect. Id., lxxi. G-7; Dept. Pre, MS., ix. 77. Same to 
comandantes and ayuntamincntos. Id., viii. 13G. Jan. 12th, same to Zamo- 
rano, recommendations on distribution of land at S. Gabriel. Zamorano may 
have been appointed comisionado for that mission. Id., ix. 78. Jan. 12th, 
same to com. of J^scoltas, who are to aid Alcalde Buelna in publishing the 
decree, and to obey not the padres' orders but those of the comisarios, after 
such have been chosen. Id. , ix. 79. 

9 Monterey, Actus del Ayuntamiento, 1831-5, MS., 25. The comisionados 
were Juan B. Alvarado for S. Luis Obispo, Jose Castro for S. Miguel, Antonio 
Castro for S. Antonio, Tiburcio Castro for Soledad, Juan Higuera for S. Juan 
Bautista, Sebastian Rodriguez for Sta Cruz, and Manuel Crespo for S. Carlos. 



308 MISSIONS AND SECULARIZATION. 

the old system. 10 On account of Victoria's arri- 
val the matter went no further than the election of 
comisarios; nor is there any record that it went so 
far in the districts of San Jose and San Francisco. 

For the rest of 1831, during the exciting epoch of 
the revolt against Victoria, there is little to be said of 
mission history, and the project of secularization was 
at a stand-still. There is a notable absence in the 
archives of missionary correspondence for the year; 
and the padres have thus evaded — whether to any 
extent voluntarily or through accidental loss of pa- 
pers I am not quite sure — a definite record of their 
attitude in the quarrel that distracted the territory; 
though there can be no doubt that their sympathies 
were strongly in Victoria's favor. The bishop replied 
in March, by stating briefly that he had no curates at 
his disposal, and by requesting information upon all 
that concerned the welfare of California. 11 It would 
seem that even Victoria had some instructions not al- 
together opposed to secularization, for in August 
President Duran issued a circular, in which he asked 
of the padres, apparently by the governor's order, 
their opinions of a scheme for emancipating the neo- 
phytes and distributing the estates on a basis includ- 
ing the maintenance of religious service, the support of 
the padres, and the retention of community property 



10 I>epL St. Pap., MS., iii. 3-5; Dept. Pec, MS., ix. 85. The Indians 
said they respected the government and the decree, but by reason of their 
poverty and ignorance they desired no change. Alvarado, Hist. Cal., MS., 
iii. G-7, narrates his efforts at S. Miguel, where from a cart in the mission 
courtyard he vividly pictured the advantages of freedom to the Indians; then 
requested those who wished to remain under the padre to stand on the left 
and those preferring freedom on the right. Nearly all went to the left at 
first, where they were soon joined by the small minority who had not the 
courage of their convictions. Alvarado' says the Indians of S. Luis and 
S. Antonio expressed the same views. Jan. 21st, E. to alcalde of Monterey. 
The election of comisarios at S. Carlos was illegal and void; and a new one 
must be held. Dept. Pec, MS., ix. 84. Jan. 25th, alcalde of Monterey to 
Sebastian Rodriguez. Will introduce the new system (at Sta Cruz) after Feb. 
1st. Monterey, Arch., MS., xvi. 9. 

11 March 22, 1831, bishop at Fuerte to gov. St. Pap., Miss, and Colon., 
MS., ii. 58. Echeandia interpreted this as an acceptance of the change, but 
says that later, when lie heard of Victoria's acts, the bishop began to throw 
obstacles in the way. Id., ii. 53. 



DURAN'S COMMENTS. , - 309 

to a certain amount with which to found new missions. 
There are extant the replies of only three friars, two 
of whom opposed and one approved the proposition. 12 
At the end of December Duran prepared — probably 
for use in Mexico, with a view to prevent a renewal of 
Echeandia's original scheme, now that Victoria had 
fallen — a series of commentaries on the decree of Jan- 
uarv. It was one of the ablest documents that was 
ever written by a friar in California, but one which 
cannot be presented en resume, and much too long for 
literal reproduction. On the decree, article by article, 
Padre Narciso expends the full force of his talent and 
learning, with not infrequent volleys of wit, sarcasm, 
ridicule, and bitter denunciation. Not a weak spot, 
and there were many, is overlooked, and not a weapon 
is neglected. In the paper there is much of sound ar- 
gument, shrewd special pleading, evasion of real issues, 
and Franciscan prejudice, but little misrepresentation 
of facts. The standard position of all missionaries, 
that the Indians were absolute owners of the soil and 
all the mission property, but that they were still chil- 
dren requiring parental control, and that the friars 
alone were qualified to exercise that control, was pre- 
sented over and over in a great variety of ingenious 
forms. Echeandia's lack of authority to make the 
changes was insisted on, as were many legal discrep- 



12 The circular was dated Aug. 13th, and is not extant, its contents being 
known only from the three replies. P. Juan Cabot writes from S. Miguel 
Aug. 24th, that while he would be glad to be freed from his cares, he can see 
no way of distributing the estates without producing ruin. The Indians of 
his mission would have to be scattered at long distances in order to get a liv- 
ing, and he could not be responsible for their spiritual care. P. Jos6 Sanchez 
deemed the execution of the project probably inevitable, but sure to result, as 
it was intended to, in total destruction to the missions. Taking into consid- 
eration what had happened in Baja California and Sonora, he could see no 
possibility of good results here. 'So far as it concerns me personally,' he 
writes, ' would that it might be to-morrow, that I might retire between the 
four walls of a cell to weep over the time I have wasted in behalf of these 
miserables ! ' P. Josd Joaquin Jimenez of Sta Cruz wrote in October that in 
view of the reasons urged by the government, and of the fact that the burden 
was becoming insupportable to the friars, it would be wisest to free the In- 
dians and distribute the property on the basis proposed; but also that the 
Indians should be obliged to keep their share and to work. Arch. Sta B., 
MS., viii. 13-19. 



310 MISSIONS AND SECULARIZATION. 

ancles between the decree and the law of 1813 on 
which it purported to rest, and strong points were 
made by ridiculing the pretended desire to civilize and 
educate the Indians in view of what the gente de razon 
had accomplished in that direction for themselves. 
In a note I give some brief quotations from Padre 
Duran's epilogo. 18 

There was no trouble about the furnishing of sup- 
plies in 1831. Naturally the padres were disposed to 
do their best, and the only records in the matter are 
one or two orders from Victoria to comandantes, in- 
tended to prevent excessive demands on the mis- 
sionaries. 14 At the beginning of the year, and probably 
in consequence of the secularization movement, a 
passport for Habana was tendered to Duran as soon as 
a successor at San Jose could be procured. He ap- 
parently had asked license to retire. 15 Three mission- 
aries died at their posts, padres Boscana, Barona, and 
Suiier, while no Franciscans came to fill up the de- 

13 Duran, Notas y Comentarios al Bando de Echeandia sobre las Misiones, 
1S31, MS. Dated Dec. 31, 1831. 'It would be better, with less bluster about 
the Indians, to begin with the gente de razon. Let the latter begin to work, 
to found establishments and schools, and to practise arts and industries ; then 
will be time to lead the Indians to follow a good example. Are they, but yes- 
terday savages, to go ahead and teach the way to civilized men ? To form 
such projects of giving freedom to Indians after having taken a million dollars 
of their hard earnings for the troops, and to leave in their endemic sloth the 
others, who as a rule know nothing but to ride on horseback ? Truly, I know 
not from what spirit can proceed such a policy, or rather I know too well. 
Why not write what all say ? Why say d medias palabras what all say d voca 
llena? What all believe is that, under the specious pretext of this plan, there 
was a secret plan for a general sack of the mission property, the leaders in the 
plot intending to convert as much as possible of the booty into money, to be 
enjoyed in foreign lands. But God willed that Victoria should arrive,' etc. 
' The interested parties, including certain members of the diputacion, who 
counted on the spoils, were disappointed, and their disappointment changed 
into hatred for Victoria, whom they have never pardoned for having rescued 
the prey which they deemed already within their clutches. ' Then follows an 
account of the revolution down to Victoria's overthrow. I suppose a copy of 
this document may have been carried to Mexico by P. Peyri, who accompanied 
Victoria. 

u Dept. Eec, MS., ix. 5; Dept. St. Pap., MS.,iii. 6-7. 

15 Dept. nee, MS., ix. 86. Mofras, Explor., i. 272-3, tells us that in 1831, 
P. Sanchez having died of grief at the invasions of the civil powers, most of 
the other friars being subjected to indignities, determined to retire; and thus 
these venerable men, who had devoted 30 or 40 years of their life to civilizing 
Indians, were driven from a country 'qu'ils avaient arros^e de leurs sueura 
et ftfeondee par la parole apostolique,' taking nothing with them but a coarso 
woollen robe — all of which is very pathetic and inaccurate. 



EFFORTS OF CARRILLO. 311 

pleted ranks. Padres Jesus Maria Martinez and 
Francisco Cuculla, Dominicans from Baja California, 
seem however to have spent a considerable portion of 
the year in the territory. 

Meanwhile in the Mexican congress Carlos Carrillo 
was exerting all his influence and eloquence in oppo- 
sition to any change. He was a partisan of the friars, 
and foresaw nothing but mimm secularization. He 
expressed his views at considerable length in letters 
to Captain Guerra, which may be taken as copies for 
the most part of his private and public arguments at 
the capital. 16 A branch of the same subject, and one 
of more urgent importance at the time than secular- 
ization proper, was the disposition to be made of the 
pious fund, a topic under discussion in congress. The 
estates of the fund had been for twenty years neg- 
lected, and for the most part unproductive; the ques- 
tion was how to make them again productive, and 
how to apply the revenues. Hitherto the estates had 
been administered in one way or another by the gov- 
ernment; the revenues over and above the expenses of 
administration had been constantly dwindling; and 
for a long time no aid had been given to the missions. 
Now it was proposed to dispose of the property, in 
perpetuity or for a long period, by emphyteutic sale, 
which of course would involve a great sacrifice of 
actual value, and would yield a very slight revenue, 
but which would put into the hands of the govern- 
ment a large amount of ready money. The friends of 
the missions favored a renting of the estates on the 
most advantageous terms possible for short periods, 
and were assisted by many who cared nothing for the 
missions, but were opposed to a wanton sacrifice of 
property. 

Don Carlos prepared an elaborate argument against 
the proposed sale, and intrusted it to a fellow-mem- 

16 Carrillo, Cartas del Diputado, MS., passim. Especially letter of April 
25, 1831. p. 200-9. Oct. 19, 1831, the min. of justice and eccl. aff. replies to 
the sindico of Cal. missions that the mission property cannot be regarded as be- 
longing to the public treasury. S. Luis Ob., Arch., MS., 11. 



312 MISSIONS AND SECULARIZATION. 

ber to be delivered in the hall of congress ; but the 
'gran picaro/ when he got the floor, made a speech 
, on the other side. 17 Fortunately, others took up the 
defence of Carillo's views and gained a victory, tem- 
porarily, over his opponents. Moreover, his argu- 
ment, a strong presentment of the subject, under 
date of September 15th, was made public in print. 18 
The author said but little about religion, or justice to 
Indians or friars. He admitted that the missions 
were not accomplishing much for civilization, but he 
considered the whole matter from the standpoint of 
Mexican interests. He extolled California as a most 
valuable possession, the occupation and retention of 
which were clue solely to the missionaries. Faulty as 
the system might be, it had subdued Indians and 
gained northern territory for Spain and Mexico. 
During the troubles of the past twenty years, the 
missions had not only been self-supporting, but had 
contributed over half a million dollars to the sup- 
port of the troops, besides offering the only encour- 
agement to a growing and profitable commerce. In 
other words, California had been supported and saved 
for Mexico by the earnings of the Indians, under the 
mission system. But for the missions the territory 
to-day would be in possession of savages or of a for- 
eign power. Only by maintaining the missions, and 
especially by founding new ones in the north, could 
the country be saved from foreign aggression in the 
near future. Moreover, this method involved no ex- 
pense to the national treasury. A rich property ex- 
isted which could be legitimately applied in this way 
to national defence. The duty and policy of Mexico 
were clearly to make that property as productive as 
possible, and to apply the revenues solely to the sup- 
port and extension of the California missions. 19 Don 

"Carrillo, Cartas del Diputado, 1831, MS., p. 214-15. 

iH Carrillo, Exposition dirigida d la Cdmara. . .sobre A rreglo y Administration 
del Fondo Piadoso. Mexico, 1831. 

19 If there was any weakness in Carrillo's argument, it was in his exaggera- 
tion of the unanimity of sentiment in Cal. in favor of the friars and his own 



THEORIES OF 1S32. 313 

Carlos won the victory, for his propositions, attached 
in thirteen articles to the exposition, were almost liter- 
ally adopted in the law of May 25, 1832, 20 by which 
the estates were to be rented for terms not exceeding 
seven years, and the product was to be devoted ex- 
clusively to the missions. True, the victory was a 
barren one, for the missions derived little or no bene- 
fit from it; but neither had they profited by the fund 
in the past since the revolution against Spain began. 
Nor could they under any system have got their dues 
while the Mexican revolutionary troubles continued. 



•21 



Naturally little was done or even attempted in the 
matter of secularization during the political and mili- 
tary interregnum of 1832, yet some theorizing was in- 
dulged in, which it is well to notice. The diputacion, 
in addition to defending its past acts toward Victoria, 
or rather as a part of that task, spoke very bitterly 
against the friars in their reports of February and 
May. By means of their wealth, it was charged, and 
through the fanaticism of the people, the padres had 
influence, and used it unscrupulously to disseminate 
Spanish ideas, and plot against the federal system, 
breaking the laws, corrupting officials, and making 
themselves abhorred by intelligent citizens — that is, 
by the writers and their friends. Some had fled to 
Spain with gold and silver belonging to the missions. 
Their commercial frauds were well known. Why 
should they be allowed to profane our institutions, 
and propagate among the young and ignorant their 
sentiments in favor of Fernando VII. ? Why had not 
the laws against them been enforced in California as 

views, and in his fears of a revolution if this public sentiment should be dis- 
regarded. 

20 Arrillaga, Recopilacion, 1832, p. 114-16; Fon do, Piadoso de Calif ornias, 
Ley y Reglamento. Mex., 1833. 12mo. 20 p. Gleeson, Hist. Cath. Church, ii. 
130, says that the fathers were by this act deprived of $50,000 per year. 

21 The padres entered into an agreement with Enrique Virmond to fur- 
nish goods or money and take drafts on the govt to the amount of their sti- 
pends; and this was approved by the govt May 9th, 12th. Espinosa to guardian 
and to gov. Arch. St. B., MS., x. 271-2; Sup. Govt St. Pap., MS., viii. 12. 



314 MISSIONS AND SECULARIZATION. 

elsewhere? By them the neophytes were cruelly 
beaten, forced to work, treated as slaves, without 
having obtained the slightest benefit from sixty years 
of mission training. Truly Pico, Vallejo, and Osio 
were becoming very radical republicans and ardent 
patriots, according to the Mexican ideal. 22 However, 
they were angry at the time, and were declaiming for 
effect in Mexico, as was Carrillo in a more temperate 
way at the capital. 

Acting as comandante general in the south, accord- 
ing to the terms of the treaty with Zamorano, Eche- 
andia had the assurance to meditate the enforcement 
of his decree by preparing on November 1 8th a sup- 
plementary reglamento, as if the events of the past 
months had been but a mere temporary interruption 
of his plans. The document, appended in a note, 23 

22 Reports of Feb. 24 and May 15, 1832, in Leg. Pec, MS., i. 244-9, 265-6. 

Alf crez Jose" Sanchez about this time, as prosecuting officer in a criminal case, 
made use of some very violent and sweeping denunciations of the friars 
for their cruelty to the Indians. Dept. St. Pap., Ben. Mil., MS., lxxiii. 6-7. 
In his circular of Nov. 18th, Echeandia represented the Indians as complain- 
ing bitterly of their oppression by the padres. St. Pap., Miss, and Colon., 
MS., ii. 63-4. 

23 Echeandia, Reejlamento de Secularizacion, 18 de Nov. 1832, MS. The 
doc. was sent on Nov. 18th to Padre Sanchez, to each of the southern 
missions, probably to local authorities in the south, and to Pres. Duran in 
the north. On Jan. 13, 1833, it was sent to the min. of rel. in Mexico; and 
on Feb. 7th, to Figueroa. The copy sent to F. is in my possession, and to it 
are joined several responses from the friars. Reglamento. — Art. 1. Pursuant 
to edict of Jan. 6th, after a record of population and property is made, the 
property for pobladores is to be distributed to neophytes of ten years' stand- 
ing, if married or widowers with minor children — except those who may wish 
to continue in community, those incapacitated for work, and those who 
neglect their families. 2. The distribution to be made at the mission or ran- 
chos not far distant, and having a settled population, to such as reside there, 
or were born there, and have the preceding qualifications. 3. The assign- 
ment of egidos and distribution of community property, etc., that cannot ba 
effected at once will await the first opportunity. 4. All thus detaching 
themselves from the community shall pay from their private property parish 
dues according to their circumstances, and in due time tithes. 5. The heads 
of families will choose from their own number the necessary alcaldes and po- 
lice officers; and this govt will appoint a comisionado to direct and correct 
them, and to do all that is conducive to the best Christian and civil order. 

6. Other neophytes will continue to work in community; but this govt will 
regulate all relating to their food, raiment, wages, labor, and punishments. 

7. The community service will terminate as the neoyhytes may fulfil the con- 
ditions prescribed for detachment, or as it is seen that the detached maintain 
good order and progress in their town. 8. Out of the community property will 
be paid tithes and parish dues, support of aged and sick, expenses of divine 
worship, schools, jails, and others conducive to public welfare; and it is un- 



THE GOVERNOR'S EFFORTS. 315 

was intended to apply only to the four southernmost 
missions. It did not go so far in some respects as 
was provided by the decree of January, and intro- 
duced some new features not authorized by that de- 
cree. It was not apparently published in regular 
form as a bando, but was rather submitted for approval 
to the friars. It was prefaced^ with an argument on 
the necessity of secularization under superior., laws 
and instructions, a statement of the enthusiasm with 
which the Indians had welcomed the author's efforts, 
a presentment of their complaints of injustice and a 
general discontent under the padres' management 
which threatened serious consequences, a mention 
of good results at San Juan Capistrano, where the 
padres were said to have voluntarily given up the 
temporalities, and a plea to the missionaries to accept 
their duties as parish priests. 

Padre Sanchez replied in a long series of critical 
notes on both preface and reglamento. 24 This crit- 
icism is one to which it is impossible to do justice 

derstood that at the proper time a part will be used for the foundation of new 
missions among neighboring gentiles. In order to a beginning of regular ad- 
ministration, the branch of vineyards will be separated at once so that all 
labor in them may be done for wages, deducting expenses from the product. 
9. The missionaries now in charge will be treated as parish priests and as de- 
positaries of the community property, signing the account to be rendered an- 
nually by the chief steward, who on recommendation of heads of families will 
be appointed from their number by this govt. The curate is to have all paro- 
chial dues besides his sinodo until the sup. authority may decide. 

' H Sanchez, Notas al Reglamento de Secularization, 1S32, MS. The document 
has no date. The concluding note is as follows: 'It seems to me that I have 
given some convincing proofs, not perhaps of absurdities — I do not venture to 
say that — but of inconvenientes as they appear to me at first reading. I do not 
wish to engage in a prolonged dispute with Echeandia; let him do what may 
seem best. I have expressed my views, not so much for him, as for an in- 
struction to the padres that they are by no means to lend themselves to any 
such cooperation as is demanded by that gentleman; since to do so would be 
to subscribe to the ruin of their missions, and to the ignominy of all the in- 
sults, suspicions, and distrust expressed in the plan, which were by no means 
necessary if only the welfare of the Indians were sought. Let Sr Echeandia 
then do what he pleases about the missions, but let him not count on the co- 
operation of the padres, which he himself must know to be absurd. The mis- 
sionaries will serve as such and in no other capacity, until the curia eclesias- 
tica, in accord with the sup. govt communicating with us through our 
prelate, may see fit to order a competent change — and so long as they are given 
the necessary food to support life, which failing they have the natural and 
divine right to shake off the dust of their shoes and go to other labors where- 
ever they may be found. ' 



316 MISSIONS AND SECULARIZATION. 

here, and to which may be applied much of what I 
have said about Duran's notes on the original decree. 
Sanchez, giving his attention chiefly to the preamble, 
begins by suggesting that precepts on obedience to 
law would come with better grace from one who had 
given ^a better example than Echeandia. His pre- 
tensions to teach the padres their obligations and rights, 
or to change their status, are met with protest and 
ridicule. If the laws and his instructions required 
him to secularize the missions, why had he waited 
six years, until the arrival of his successor, before 
acting? If the Indians of the south, as was certainly 
true, were assuming a threatening attitude, it was due 
to the license they had enjoyed under Echeandia, and 
to his unwise act in having put arms in their hands 
against Zamorano, being thus a reason for a return to 
the old restraint rather than for additional license. 
As to the enthusiasm of the Indians for Echeandia, 
the padre has little to say beyond reminding him that 
there are several ways of winning popularity among 
school-boys, one of the most successful being to let 
them do as they please. Of course he dwells on the 
theory that the Indians were children and 'savages 
of yesterday;' and of course he fails to recognize the 
fact that this theory in itself was a condemnation of 
the mission system in all but missionary eyes. In the 
reglamento itself the padre easily found no end of 
faults and inconsistencies; yet in one of his notes he 
expressed a degree of favor for an experimental eman- 
cipation and distribution of property at a few of the 
oldest missions. President Duran also issued at his 
mission of San Jose a series of notes so similar in armi- 
ment and expression to those of Sanchez as to require 
no further notice. 25 The answers from the padres of 
San Diego, San Luis, and San Juan, that from San 
Gabriel not being extant, were to the effect that they 
left the matter entirely with the prelate. Martin 

25 Duran, Notas a una Circular 6 Bando intimado por El Sr D. Jose Maria 
Echeandia a las cuatro Misiones, lS32 t MS. 20 p. Original. 



FATHERS BACHELOT AND SHORT. 317 

said that since May 20th the neophytes at San Diego 
had managed temporal affairs for themselves- — except 
the wine-cellars. Anzar said he was a Mexican, and 
would cheerfully cooperate with the governor if per- 
mitted. Zalvidea would be glad personally to be re- 
lieved of the burden. He had toiled over twenty years 
and had not saved a medio real™ There is no record 
that Echeandia took any further steps before the end 
of 1832. 

Padre Antonio Peyri left California at the begin- 
ning of the year with Victoria; and Padre Antonio 
Menendez, a Dominican who for some six years had 
served as chaplain at different places, died in August. 
There may be noted here also as an interesting item, 
the arrival of two priests who remained about five 
years in the country. They were Jean Alexis Au- 
guste Bachelot, apostolic prefect of the Sandwich 
Islands, and Patrick Short. The two, with a com- 
panion, had arrived at the Islands in July 1827 from 
France, to establish Catholic missions; but prejudice 
was aroused against their teachings, largely, it is be- 
lieved, through the intrigues of protestant mission- 
aries, and in December 1831 they were banished, 
"because their doings are different from ours, and be- 
cause we cannot agree," as King" Kaahuamanu stated 
it. They sailed on the Waverly, Sumner, master, 
which landed them at San Pedro on January 21, 1832, 
whence they were taken to San Gabriel and kindly 
treated. There is not much to be said of their stay 
in California. Bachelot remained at San Gabriel as 
assistant minister, his name appearing often in the 
mission registers. Short soon came north, and he 
was engaged with Hartnell in an educational enter- 
prise at Monterey in 1834. An order came from 
Mexico to expel them as Jesuits and as having no 
papers; but the governor did not enforce it. In 1837, 
however, although the ayuntamiento of Los Angeles 

26 Vallejo, Doc, MS., xxxi. 25, copies of the letters attached to the regla- 
mento. 



31S MISSIONS AND SECULARIZATION. 

made an effort to retain him as eurate, Bachelot, ac- 
companied by Short, sailed on the Clementina, and 
landed at the Islands in April. Persecutions were 
renewed, from which they were relieved by the French 
and English navigators Petit-Thouars and Belcher. 
Short sailed in October for Valparaiso, and Bachelot 
soon departed for the South Sea Islands, dying on 
the voyage in 1838. 27 

With Governor Figueroa, at the beginning of 1833, 
there came to California a missionary reenforcement 
of ten friars. They were Franciscans, all Mexicans 
by birth, and belonged to the college of Nuestra 
Senora de Guadalupe de Zacatecas, being called 
Guadalupanos, or more commonly, Zacatecanos, as the 
earlier friars had been known as Fernandinos from 
the name of their college. Immediately after their 
arrival, that is in February, they were put in charge 
of the seven missions from San Carlos northward, 
their prefect, Francisco Garcia Diego, going to reside 
at Santa Clara. The Fernandinos of these missions 
retired to the southern establishments. 28 

27 See full and interesting accounts in Petit-Thouars, Voy., ii. 325-48; Hon. 
Polynesian, ii. 31, 81, from N. Amer. Review, Oct. 1840. I have obtained 
much information from an obituary of Bachelot and a collection of documents 
published by Capt. Sumner in his own defence against the charge of cruelty 
to the priests en voyage, in Honolulu, S. Tsl. Gazette, Oct. 6, Nov. 29, 1838. 
Autograph letter of P. Short, Mar. 19, 1834. S. Antonio, Doc. Sueltos, MS., 
118. Corresp. on the order of expulsion from California. Dept. St. Pap., 
Ang., MS., xi. 16, 34. Los Angeles, Arch., MS., iv. 2C9. Bachelot's services 
desired as curate. Id., iv. 289. Short at Purisima March 1837. Vallejo, Doc, 
MS., xxxii. 77. Proposition to found a school at Monterey — mentioned also 
by several Calif ornians. Dept. St. Pajj., MS., iii. 131-2; Vallejo, Doc, MS., 
xxxi. 9. Short at S. Gabriel on April 16, 1832. Bachelot on various dates 
from 1832-7. S. Gabriel, Lib. Mision, MS., 10, 39, 59. Short at S. Juan 
Oct. 1832, and called a member of the ' Sacred Congregation of the Perpetual 
"Worship of the Most Holy Sacrament.' S. Juan B., Lib. Jlision, MS., 15. 
Arrival at Honolulu Apr. 17th; and departure of Short Oct. 30th. Hon., S. 
I. Gazette, Apr. 22, 1837; Peirce's Pough Sk., MS., 2. Robinson, Life in Cal, 
122, and Mofras, Explor., i. 294-5, mention the arrival of the French priests. 
Alvarado, Hist. Cal., MS., ii. 191-3, tells us that Pres. Duran made their 
arrival an excuse to call for contributions for the cause of propaganda tide in 
China and Japan, and that $2,000 were collected. 

28 The new-comers were Francisco Garcia Diego, prefect, who went to Sta 
Clara, succeeding Viader, who left Cal.; Jose Maria de Jesus Gonzalez Rubio, ' 
S. Jos6, succeeding Duran who went to Sta Barbara; Jos6 Maria de Jcsns 
Gutierrez, Solano, in place of Fortuni, who went to S. Luis Rey; Rafael de 



THE ZACATECANOS. 319 

Considering the importance of the subject, there is 
a remarkable absence of original records respecting 
the coming of the Zacatecanos and the division of the 
missions; though it cannot be doubted that much was 
written at the time which is no longer extant, as is 
the case respecting many important topics of mission 
history during these last years. N It will be remembered 
that in 1817 the southern missions were ceded by the 
college of San Fernando to that of Orizaba; but on 
account of troubles in Mexico anctof the dissatisfac- 
tion of Californian friars — who were, however, willing 
to give up the northern, deemed the poorest estab- 
lishments — the change was not consummated. 29 The 
necessity for a reenforcement continued more and 
more urgent, and San Fernando was in a state of 
disorganization so complete that it could do nothing 
of itself; but of the negotiations of that college with 
others I know nothing until letters of 1832 announced 
from Tepic that the Zacatecanos were coming. 30 The 
cession of the northern missions was evidently agreed 
upon in Mexico; but there is nothing to show to 

Jesus Moreno, with Garcia Diego at Sta Clara; Jose" Lorenzo de la Concep- 
cion Quijas, S. Francisco, succeeding Este'nega, who went to S. Gabriel, but 
soon Q. was transferred to Solano; Antonio Suarez del Real, who succeeded 
Jiineno at Sta Cruz, the latter going to Sta Ines; Jose Maria del Refugio 
Sagrado Suarez del Real, brother of Antonio, at S. Carlos, freeing Abella for 
the ministry of S. Luis Obispo; Jesus Maria Vasquez del Mercado, S. Rafael, 
in place of Amor6s, who had died the year before; Jose Bernardino Perez, 
who served for a time as secretary to Prefect Garcia Diego; and finally, Fran- 
cisco de Jesus Sanchez, of whom we know nothing in Cal. for 8 or years, 
and who possibly was left in Baja California to arrive later. The preceding 
is derived from the registers of the different missions, showing merely the 
presence of a padre at a mission on a given date; for there is no record of the 
assignments and transfers, with a single exception, that of Gonzalez to S. 
Jose on Feb. 13th. Correnp. de Mmones, MS., 39-41. 

29 See vol. ii. p. 407, of this work. 

30 Jan. 24, 1831, Martiarena at Tepic says to Capt. Guerra, in announcing 
his appointment as sindico, that Fr. Bernardino Pacheco is going to Cal. as a 
friar of S. Fernando college, which 'according to the agreement is to furnish 
10 friars and the college of Zacatccas 1 1 ; the latter will be able to comply, 
but not the former, which has not more than 7 friars.' Guerra, Doc, MS., vi. 
130. April 21, 1832, Carlos Carrillo, in Mew, says 10 friars from Zacatecas 
are going, as he is told by the rain, of eccl. aff. and by the guardian, who have 
had great difficulty in obtaining so many. At S. Fernando there are only 4. 
Id. , iv. 242-3. July 18th, Martiarena says the 10 friars are at Tepic and arc to 
sail on the Catallnu, to take charge of the ceded northern missions. Id. t 
vi. 129. 



320 MISSIONS AND SECULARIZATION. 

what extent the Fernandinos in California knew or 
approved what was being done. Beyond the presence 
of the ten in Baja California, at the time Figueroa's 
soldiers revolted, 31 there is no account of their journey, 
no official record of their arrival, and no list of their 
names. President Duran in a 'circular to the padres, 
January 23d, devoted to several general matters, but 
especially to the urgent calls of the college for aid, 
alluded to the cession as a matter in which he should 
lose no time, having already permitted the Zacatecan 
prelate to station his friars so as to learn the routine 
and prepare for a formal delivery of the missions. 
He hoped the change would enable some of their 
number to go to the relief of the mother college, and 
declared that no one might hope for a license from him 
to retire to any other destination. 32 In assigning his 
padres to their different stations on and about Feb- 
ruary 13th, Prefect Garcia Diego used the follow- 
ing formula: "Inasmuch as the supreme govern- 
ment of the Mexican republic has intrusted to our 
college some of the missions of Alta California, 
which hitherto the worthy sons of the college of San 
Fernando have administered with such honor; and it 
having been agreed between the venerable discretories 
of both colleges that there should be delivered to us 
the missions of the north as appears from orders 
which I have shown to the Very Rev. Padre Pres- 
ident Fr. Narciso Duran; therefore," etc. 33 Soon 
a concordat funeral was concluded between the two 
bands of missionaries, by which each agreed to say 
twenty masses for the soul of any member of the 
other band who might die; and thus the hew order of 
things was permanently established. 3 * 

* l Dept. St. Pap., Ben. Cust.-H.,US., i. 35. 

32 Duran, Cordillera a los Padres en Enero de 1833, MS. 

33 This in the appointment of Gonzalez to S. Jose\ Corresp. de Misiones, 
MS., 39-41. Garcia assumed formal charge of Sta Clara on March Cth. Sta 
Clara, Paroquia, MS., 10. 

3i S.Josc, Patentes, MS., 190-1; Coronel, Doc., MS., 11-12; Arch. Obis- 
pado, MS., 52. General mention of the transfer in Moj'ras, Explor., i. 274, 
who states that the division was made in Cal. to avoid disputes, the old 



TROUBLES OF THE NEW FRIARS. 321 

The Zacatecanos were as a class by no means equal 
morally or intellectually to their predecessors, as will 
be apparent from their actions in later years; and be- 
sides this inferiority, there were naturally many diffi- 
culties to be encountered by them at the first, arising 
from their inexperience and a certain degree of pre- 
judice felt against them by neophytes and others. It 
did not take them lonix to le&rn that their lines had 
not fallen to them in places altogether pleasant; and 
in September we find their prefect begging for a cer- 
tificate of the miserably sad condition in which he 
and his associates found themselves, for exhibition to 
the government on returning to his college; for "we 
cannot subsist here longer, because the climate is de- 
stroying our health." 35 

Their troubles in 1833, to say nothing of the cli- 
mate, were of a threefold nature, arising from the 
unmanageable character of the neophytes, from the 
difficulty of furnishing supplies to the presidio, and 
from Padre Mercado's conduct at San Rafael. The 
Indians did not behave in a manner at all satisfactory 
to their new masters, who resorted freely to the use 
of the lash. Vallejo, comandante of the San Fran- 
cisco district, made complaint to Figueroa on the sub- 
ject, and the latter to Prefect Garcia Diego, with a 
notification that flogging was forbidden by the laws. 
The prefect seems to have made an earnest effort to 
remedy the evil; and though some of the padres were 
disposed to be obstinate, no special complaint is re- 
corded after the issuance of a pastoral letter on the 
subject on the 4th of July. 36 

Spanish friars not being able to tolerate the lax morals of the Mexicans. 
Alvarado, Ilist. CaL, MS., ii. 205, 209-10, says the Zacatecanos wanted all 
the missions; but the Fernandinos refused, and finally succeeded in convincing 
the stupid Mexicans that, as there were 21 missions and only 10 friars, a 
division was necessary! Wilkes, Narrative, v. 173, states that the new 
friars were in every way inferior to the old ones, and totally unfit for mission- 
aries. Vallejo, Hist. CaL, MS., ii. 197-8; Robinson's Statement, MS., 8; Orel, 
Ocurrencias, MS., 55-G. 

30 Sept. 5, 1833, Garcia Diego to Figueroa. Arch. Azob., MS., v. pt i. 41. 

M May 5th, 31st, Vallejo to Figueroa. Vallejo, Do-., MS., ii. 41, 52. The 
complaint is of flogging at the 4 missions, nothing being said of S. Jose\ 
Hist. Cal., Vol. III. 21 



322 MISSIONS AND SECULARIZATION. 

Throughout the year at frequent intervals Vallejo 
complained that the soldiers of his company at San 
Francisco were in great destitution, and that the mis- 
sions did not furnish sufficient food for the garrison, 
or even for the escoltas. He gave many details of 
the privations endured and of his personal efforts to 
obtain relief, and he expressed rather freely the belief 
that the Fernandinos would not have permitted the 
soldiers to suffer so. 37 The complaints were forwarded 
by Figueroa to the prefect, who professed the best 
possible intentions, but pleaded poverty, and could not 
understand "why Don Guadalupe was making so much 
trouble about the matter." Figueroa issued an order 
December 1st, fixing the yearly amount of supplies to 
be furnished by the missions of Monterey and San 
Francisco jurisdictions, including live-stock with which 
to replenish the national ranchos. 33 

Vallejo was also prominently concerned as complain- 

Vallejo had an interview with the minister of S. Francisco, who said 'it would 
not be expedient at any time to discontinue flogging the Indians; for his part 
he would perpetuate this paternal correctional mode of punishment so fitting 
for that class of people. If he were forced to act otherwise, he knew the 
road by which he had come,' that is, he would leave the country. On being 
shown the law he replied, ' Lashes, lashes, and more lashes for these people 
so devoid of honor !' Vallejo admitted that at Sta Clara, Garcia Diego had 
good intentions, yet he allowed the majordomo, Alviso, to flog. May 13th, 
June 14th, F. to Garcia Diego. Id., ii. 142, 153; Arch. Arzob., MS., v. pt i. 
80. June 16th, P. Gutierrez to F. , claiming that the Indians, having no 
shame or honor, could be controlled only by fear; and that the law was in- 
tended for more advanced people in Mexico. Dept. St. Pap., Ben., MS., ii. 
12-14. June 30th, Garcia Diego to F. Id., ii. 15; Arch. Arzob., MS., v. pt 
i. 80-1. He declares his intention to abolish flogging. 'Mi genio, mis ideas, 
mi sensibilidad, todo junto se opone & esta costumbre que jamas aprobar^.' 
Yet he has to work slowly. July 4th, Garcia Diego, Carta Pastoral a los pa- 
dres Zacatocanos contra la costumbre de azotar d los indios, 1833, MS. 

37 Letters of V. and F. Vallejo, Doc, MS., ii. 15, 45, 47, 99-101, 107, 116, 
128, 148, 152, 179. Feb. 21st, F. to G. D. Dept. St. Pap., Ben. Mil, MS., lxxix. 
4. Apr. 15th, G. D. to F., explaining his difficulties, the poverty of the mis- 
sions, his efforts, and hopes of better success. St. Pap., Miss, and Colon., MS., 
ii. 308-9. May 25th, June 15th, same to same. Arch. Arzob., MS., v. pt i. 
77-8. 

36 Dept. St. Pap., Ben. Mil, MS., lxxiv. 47-8; Id., Ben. Cust.-II., MS., ii. 
78-81. The requisition was for 1,458 fanegas of wheat, 318 fan. beans, 930 
arrobas of lard, 50 cargas of flour, $1,632 worth of soap, 834 pairs of shoes, 
139 blankets, 80 shields, 80 cueras, 80 cananas, 80 musket-cases, 8 saddles, 
200 broken horses, 34 pack-mules, 1,690 cows and heifers, 810 steers and bulls, 
200 mares and foals, 20 oxen, 20 ploughshares, 12 axes, shovels, hoes, pickaxes, 
crowbars, 4 adzes, chisels, saws. To be contributed pro rata. The cattle for 
the ranchos were to be a loan to be repaid in 6 years. 



PADRE MERCADO'S MISCONDUCT. 323 

ant in the troubles with Padre Mercado at San Rafael. 
In May a controversy arose on the subject of mission 
discipline, the padre demanding the surrender of an 
offender arrested b}^ the corporal of the escolta, who 
refused, by Vallejo's order, as he claimed. Mercado 
in an arrogant and threatening maimer defended' his 
authority to punish the neophytes as he pleased, while 
the comandante, though ordering the neophyte in this 
case given up, denied the padre's right to interfere in 
any but minor offences. 39 In August, Corporal Igna- 
cio Pacheco of the escolta, asking for meat for his 
men, was told by Mercado that "he did not furnish 
meat to feed wolves," whereupon Pacheco caused a 
sheep of the mission flock to be killed, and the padre 
was furious. In the resulting correspondence Mercado 
used very intemperate and insulting language both to 
Vallejo and to the soldiers, whom he repeatedly des- 
ignated as a pack of thieves. In turn he was charged 
by Vallejo with falsehood. 40 Finally on November 
lGth a body of gentiles belonging to the rancherias of 
Pulia approached San Rafael, as they had been en- 
couraged to do by Figueroa through Vallejo, with a 
view to encourage friendly relations. Fifteen Indians 
of the party came under Toribio to speak with the pa- 
dre, who put off the interview until next day. Dur- 
ing the night a robbery was committed, which was at- 
tributed by Mercado to the guests, and they were 
therefore seized and sent as prisoners to San Francisco. 
On the morning of the 20th, the warlike missionary, 
fearing as he claimed that the gentiles would attack 
the mission to liberate their companions, sent out 
his majordomo Molina with thirty-seven armed neo- 
phytes, who surprised the strangers, killed twenty- 
one, wounded many more, and captured twenty men, 

39 Letter of Vallejo May 9th, and of Mercado May 9th, 17th, in Vallejo, 
Doc, MS., ii. 43, 141, 149. 

40 Letters of Pacheco and Mercado Aug. 22d, and of Vallejo Aug. 23d, 
Oct. 18th, in Vallejo, Doc, MS., ii. 84, 110, 1G7-8. Vallejo advises Pacheco 
to act very carefully, to avoid all disputes, and to take no supplies without 
politely asking the missionary first. 



324 MISSIONS AND SECULARIZATION. 

women, and children, having on their side five 
wounded, one of the number mortally. This achieve- 
ment was coolly reported by Mercado to Figueroa in 
a letter of the 25th, with a request for reinforcements 
to aid in pacifying the rancherias. The governor 
was naturally indignant that his promises to the 
Indians had been thus shamefully violated, and with 
the advice of Asesor Gomez, sent the case to Pre- 
fect Garcia Diego, the competent ecclesiastical judge. 
The prefect suspended Mercado from his ministry, 
summoned him to Santa Clara, and announced his 
intention to send him to his college for trial. Mean- 
while Vallejo, by Figueroa's orders, liberated Toribio 
and his companions at San Francisco; went to San 
Rafael with a military force and freed the captives 
there: and then made a tour through the rancherias 
to Solano, pacifying the excited Indians, and ex- 
plaining to them Figueroa's kind intentions and the 
wickedness of Padre Mercado, dilating on the latter 
topic very reluctantly — perhaps. In the middle of 
the next year, Mercado was freed from arrest and re- 
stored to San Rafael, two friars having been sent to 
make an investigation, and having learned from four- 
teen witnesses that the padre had nothing to do with 
the outrage! 41 

Returning to the topic of secularization, or to 
progress in that direction during 1833, I have first to 
notice Figueroa's instructions on this point from the 
Mexican government — instructions that emanated 
from the same administration which had appointed Vic- 
toria, and similar in spirit probably to those given that 
officer, and certainly to those under which Echeandia 

41 Mercado, Expediente de papeles tocantes a la matanza de Tndios hecha por 
drdcn del P. Ministro de S. Rafael, 1833, MS., in Monterey, Arch., i. 32-7; 
Vallejo, Dot., MS., ii. 200; xxxi. 58; Arch. Arzob., MS., v. pt ii. 3; Dept. 
St. Pap., MS., iii. 137-8; Id. , Ben., ii. 9-10; being communications of Mer- 
cado, Figueroa, Vallejo, Gomez, Sanchez, and Garcia Diego, some of them 
duplicated in the different archives referred to. The affair is also briefly 
mentioned in Vallejo, Hist. Cat., MS., iii. 74-5; Alvarado, Hist. Col., MS., 
ii. 211. 



FIGUEROA'S POLICY. 325 

had acted. The necessity for a change was recognized, 
and the duty of the new ruler, as of his predecessors, 
was to ascertain and report the best practical methods. 
Minister Alaman disapproved in the vice-president's 
name Echeandia's decree of 1831: both because he 
had gone far beyond his authority in issuing such a 
decree, and because some of s its provisions were not 
in accord, as pointed out, with the law of 1813, on 
which it purported to be founded; and he ordered 
Figueroa, if Echeandia's order had to any extent been 
obeyed, to restore the missions to the position they 
held before its publication. Yet he was to study the 
question closely, to ascertain what missions were in a 
condition to be secularized according to the law of 
1813, and to report such a plan as he might deem 
most expedient. 42 

Figueroa's general instructions from Minister Ortiz 
Monasterio, also bearing the date of May 17th, au- 
thorized him to go practically much further toward 
secularization than did the document just mentioned. 
Article 4 was as follows: "It being a matter of the 
greatest necessity that the neophytes rise from the 
state of abasement to which they find themselves re- 
duced, you will cause to be distributed to such as are 
fitted for it such fields of the mission lands as they 
may be capable of cultivating, in order that they may 
thus become fond of labor and may go on acquiring 
property; but there must be kept undistributed the 
lands necessary for the support of divine worship, 
schools, and other objects of common utility. By 
this means, for the mission system may be gradually 

42 May 17, 1832, Alaman to F., in St. Pap., Miss, and Colon., MS., ii. 33- 
5; Arch. Arzob., MS., v. pti. 102-0. Carlos Carrillo wrote from Mex. in 1S32 
that no change would at present be made in the mission system. Carrillo, 
Cartas, MS., 231. As an evidence of F.'s feeling on the mission system, I 
cite a recommendation in favor of a neophyte of S. Juan Capistrano, directed 
to Echeandia in 1820, from Sonora, in which he doubts not that E. 'will 
protect those unfortunates who from necessity have to bear all the rigor of 
those friars.' Dept. St. Pap,, Ben. Mil., MS., lvii. 21. F., in his Manifiexto, 
2-3, notes his instructions, or their general purport. July 7, 1 832, from Aca- 
pulco he promises the min. of rel. to obey his instructions on arrival. St. Pap., 
Miss, and Colon., MS., ii. 30-7. 



326 MISSIONS AND SECULARIZATION. 

substituted another more adapted to the interests of 
the territory, the influence of the missionaries may be 
lessened until they retain only the spiritual adminis- 
tration, and thus in fact the missions may be secular- 
ized. Yet for all this, it is necessary to act with 
prudence and tact, so as to cause no discontent among 
the missionaries, with whom care is to be taken to 
preserve the greatest harmony; and to that end are 
enclosed private letters written by the vice-president 
to some of the most influential friars." 43 

Before Figueroa's arrival in the middle of January 
1803, I And no record that Echeandia had taken any 
steps to cany into effect his regulations beyond the 
appointment of comisionaclos; 4 * but on January 29th, 
possibly before he knew of Figueroa's arrival, he issued 
a new regulation for officers of justice and police in 
the missions of San Diego district. The order dealt 
chiefly with the penalties for various minor offences and 
the routine duties of the local officers who were to 
inflict them. It was probably never enforced, and 
requires only a mention, with the remark that it was 
intended to relieve the Indians from arbitrary and 
excessive punishments. 45 Echeandia informed Figue- 
roa that he had been about to commence the distri- 
bution of lands at San Diego, but had suspended 
operations on hearing of the new governor's arrival. 
In the same communication he denounced the policy 
and acts of the friars, and urged Figueroa to adopt 

43 Figueroa, Instrucciov.es Generates, MS., p. 33-4. In art. 5, Indian youths 
are required to be selected and sent to Mexico for education, with a view to 
make ministers of them later. 

"These were Capt. Portilla at S. Luis Rey, Alf. Ramirez at S. Diego, Alf. 
Iiocha at S. Juan Capistrano, and Alf. Valle at S. Gabriel. Dept. St. Pap., 
MS., iii. 87,89. Feb. 10th, the comandante of S. Luis calls for reinforce- 
ments to check disorders among the Indians arising from the distribution of 
lands. Id., Ben. Pre/. yJuzg.,v. 76. 

1 ' Echeandia, Reglamento para los encargados dc justicia ?/ policia en las mis- 
iones del departamento de S. Diego, 1S33, MS. An annexed note says: 'This 
regulation was ordered to be observed to restrain the arbitrary way in which 
missionaries, majordomos, and corporals of escolta caused the neophytes to be 
ed, imprisoned, and outraged in other ways for any fault in the commu- 
nity labors or in other precepts which they were tyranically forced to observe. 
Echeandia.' 



PROTECTION OF THE INDIANS. 327 

strict measures in favor of the Indians. 46 Finally, 
on March 19th, Echeandia directed to Figueroa the 
long letter, already often cited, in which he fully 
reported and defended his past policy. In this com- 
munication, besides the arguments already noticed, he 
attempted, in a manner satisfactory to himself, to 
overthrow the reasoning of Minister Alaman against 
his famous decree, and he also proposed a scheme of 
converting gentiles on the frontiers, through the 
agency of old neophytes and military guards. 47 

Meanwhile Figueroa prepared to make the investi- 
gations required by his instructions. His views were 
for the most part identical with those of Echeandia, 
but he had of course to encounter the same obstacles 
which had prevented that officer during the earlier 
years of his rule from carrying out his instructions. 
He announced February 18th to Echeandia his policy 
and his general approval of the latter's views, stating 
that he hoped to begin the distribution of lands at 
San Diego in April. This was to be made known to 
the Indians, who were to be informed of the gov- 
ernor's purpose to protect their liberties but at the 
same time to allow no license. 4 * After some delay on 
account of illness, Figueroa went south at the end of 

46 Feb. 7, 1833, E. to F., in Vallejo, Doc, MS., xxxi. 25, enclosing docu- 
ments to prove the abuses committed by the friars of the south, and the 
malicious exaggeration of all they say against the proposed reforms. Each 
padre does as he pleases, on the excuse that to do otherwise he must have his 
prelate's orders, which are not given. The prelate is Duran, a Spaniard and 
pronounced royalist, only saved from expulsion by his intimate friendship 
with Victoria. The gente de raz,on pay no parochial tax, are entertained 
gratis by the friars, and receive loans and gifts from the missions; therefore 
the magistrate who attempts to protect the Indians is a shining mark for 
popular attack. Still he has been regaining little by little the civil authority 
usurped by the friars, and urges Figueroa to continue the same policy. On 
the same date were sent the complaints of a S. Diego Indian, Tomas Tajachi, 
against Arguello particularly, whom Echeandia thought it best to replace with 
some officer less obnoxious to the Indians. Arch. Arzob., MS., v. pt i. 74-6, 
107-9. 

47 Echeandia, Carta que dirige d D. Jos6 Figueroa, 1S33, MS., p. 38-41, 
5G-7. 

48 Feb. 18, 1833, F. to E., and also to Santiago Arguello. Vallejo, Doc., 
MS., xxxi. '26-7. F. evidently feared a revolt of the Indians. Feb. 10th, 
J. A. Carriilo writes that he has complied with orders as to sustaining the 
gov. 's authority; and will go to S. Gabriel with the sindico of the ayunt. to 
harangue the Ind. and trancpiillize them. Arch. Arzob., MS., v. pt i. 76. 



328 MISSIONS AND SECULARIZATION. 

June. The result of his investigations was to convince 
him that any general measure of secularization would 
be ruinous, and that a change of system, though 
necessary, must be very gradually effected. So he 
reported to the Mexican government, and to Presi- 
dent Duran and Prefect Garcia Diego in July. 49 To 
the secretary of the interior he described the charac- 
ter and circumstances of the neophytes, representing 
them as totally unfit by nature and training for sud- 
den emancipation. To the prelates he stated that 
the partition of lands at San Diego would be only 
partial and provisional, though insisting that all quali- 
fied neophytes must be freed from missionary control, 
and calling for their views on the general subject. 
He also issued a series of regulations on gradual 
emancipation, to go into effect provisionally until ap- 
proved by the diputacion and by the supreme govern- 
ment. 50 

49 July 15, 1833, F. to Duran; July 20th, to sec. of int.; July 27th, to 
Garcia Diego. Vallejo, Doc, MS., xxxi. 27, 33, 29. F. describes the neo- 
phytes as children, with a natural predilection for the customs of their ances- 
tors, and for a savage life without work. During their reduction they had 
learned, perforce, only to cultivate the soil imperfectly, to practise some 
rude industries, and to manage horses, besides receiving a slight and super- 
ficial religious instruction. They had been kept intentionally in the most 
abject ignorance, the padres having always opposed their education. If freed 
at once from their degrading servitude, they would soon from proprietors 
become beggars, having bartered their possessions for liquor and gewgaws. 
They would return to the wilderness and join the wild Indians in stealing 
cattle and horses for sale to New Mexicans and foreigners. 

00 Figueroa, Prevenciones provisionales para la emancipation de Indios redu- 
cidos, 15 de Julio, 1SJJ, MS. 

1. The gefe politico will determine the number to be emancipated in each 
mission and the time at which it is to be done, appointing the comisionados 
deemed necessary to carry out these prevenciones. 2. Those emancipated will 
be those who have been more than 12 years Christians, married or widowers 
with children, knowing how to cultivate the soil or having some trade, and 
having 'application to work.' The selection is to be made by the comisiona- 
dos in conjunction with the ministers of each mission. 3. The emancipated 
are to remain subordinate to the respective authorities, and to the padres of 
the mission who will exercise over them the functions of parish priest in all 
that concerns the spiritual administration. 4. The emancipated will receive 
seed for their first sowing, and for a year the customary mission rations; but 
during that time they must assist the mission during planting and harvest, 
and at other times as they may be summoned — not all at a time — by the min- 
ister and the alcalde acting in concert and so arranging the tasks that neither 
the mission work nor that of private individuals shall suffer. 5. The com- 
isionados in accord with the ministers will select a fitting spot as near the 
coast as possible, and between the missions on the high road, where the 



REGULATIONS OF 1833. 329 

Shortly before the prevenciones cle emancipation' 
were issued, President Duran had written to Figueroa 
a strong letter on the subject, basing his opposition 
to emancipation on the state of things which he had 
found to exist at Los Angeles, and by which he 
claimed to have been undeceived and surprised. The 

emancipated may form a pueblo if there be a sufficient number of families. 
There they will be given lots of a size corresponding to the amount of land 
at the place, where they may build their houses so as to form streets and 
plaza symmetrically as provided by ancient and modern laws. Lands will 
likewise be assigned for cjjidos of the pueblo. G. Tlie newly founded pueblos — 
according to decree of May 23, 1812 — will remain for the present attached to 
the nearest municipality or military command, which, in accordance with laws 
and regulations in force and with these 2 j revencione*, will care for the police, 
embellishment, order, and other objects of economical government in the 
pueblos intrusted to their care. 7. As the emancipated cease to be minors 
and enter upon the enjoyment of citizens' rights, the authorities will see that 
they are considered on terms of equality with others in elections and hold 
municipal offices according to fitness and good conduct. Still in order that 
they may be accustomed and taught to govern according to the federal sys- 
tem, there are to be appointed annually from their number an alcalde, 2 regi- 
dores, and a sindico procurador, to be intrusted with the economical govern- 
ment of their pueblo, but to remain subject in the administration of justice, 
civil and criminal, to the judges of first instance and other superior tribunals. 
8. They must immediately build houses in regular order on their lots, which 
they must enclose with fruit trees or other useful trees. 9. The minister and 
comisionado will assign the best land nearest the pueblo, where there will be 
given to each family a field, and to the pueblo grazing lands and 2 caballcrias 
of land for propios, all in the name of the Mexican nation. 10. Fields to be 
200 varas square, and common grazing lands in proportion to the amount of 
live-stock up to 2 sitios or a little more. 11. Products of land and property 
of the propios to be applied to expense of worship, church, public buildings, 
schools, etc. Such property to be administered by a majordomo, elected for 
4 years from the emancipated and watched by the alcalde and priest, who 
may remove him for cause, and who arc to use the product of the property 
for the purposes specified, with the approval of the gefc politico. Routine of 
annual reports and accounts. 12. The comisionado and priest to render full 
report with lists, etc., of the new foundations. 13. The gefe politico to give 
titles to lands, and license to use a mark for cattle. 14, 15. Each family to 
receive from the mission property 2 mares, 2 cows, 2 ewes, with implements, 
etc., but all subject to variation according to the circumstances of the 
mission and judgment of comisionado and priest. 10. 100 cattle and 25 
horses to be given for the propios if the mission has sufficient to do so; other- 
wise, what it can give. 17. Each individual will mark his animals; but for 
two years they are to be tended in common by persons appointed alternately 
by the alcalde for the purpose. For one year no animal can be killed or sold; 
nor afterwards all the stock of any individual. Penalty, a return to mission 
life. 18. They will enjoy in common the use of water, grass, wood, etc., on 
the lands assigned for e<jidos and pasturage. 19. The land to be the property 
of the individual to whom it is assigned, and of his heirs; but it cannot be 
divided nor transferred. 20. No mortgage, lien, or mortmain title can be 
imposed on the land, under penalty of confiscation. 21. The emancipated 
must aid iri the common work of the pueblo on ditches, dams, corrals, ro- 
deos, constructing church and other public buildings. They must mark the 
boundaries of their fields with useful trees. 22. Land left vacant by the 
death of the owner without heirs reverts to the nation. 23. The emancipated 



330 MISSIONS AXD SECULARIZATION. 

two or three hundred Indian vecinos of that town 
were beyond all comparison more unfortunate and 
oppressed than any in the missions. Not one had a 
garden, a } T oke of oxen, a horse, or a house fit for a 
rational being. Instead of the equality so much 
talked about, the Indians swept the streets and did 
all the menial work. For offences scarcely noticed 
in others, they were bound naked over a cannon to 
receive 100 blows. They were in reality slaves, be- 
ing bound for a whole year by an advance of some 
trifle, since no Indian ever looked beyond the present. 
They had no ambition for liberty except for savage 
liberty and vicious license, which they would purchase 
at the cost of a thousand oppressions. Duran was 
convinced by experience and from conversation with 
practical men that emancipation would result in slavery 
or savagism to the Indians and in destruction to all 
their property; and he begged the governor to con- 
sider well the results before deciding a subject "worthy 
the wisdom of a whole congress." 51 Yet on receipt 
of the regulations Duran offered no general opposi- 
tion to the plan, limiting his criticism to the recom- 
mendation of here and there a minor change in some 
of the articles, calling for no special attention. His 
closing suggestion was as follows: "If after three or 
four years it shall be noted that the emancipados 
depend on wild fruits for subsistence, that they 
allow their live-stock to decrease, that they neglect 
their planting and other labors in a spirit of vaga- 
bondage, or that they manifest no zeal or liking for a 
rational and civilized life, and if, being several times 
warned, they do not mend, then they shall be returned 

■who may neglect their work and stock, or dissipate them, or abandon their 
homes to give themselves up to vagabondage, idleness, and vice, will be sub- 
mitted anew to the mission by decision of the alcalde and priest, who must, 
however, give two previous warnings, with time to reform. '24. The authori- 
ties will attend to the exact enforcement of these regulations, and will be 
n ponsible for infractions if known and not prevented. 

01 July 3, 1833, D. to F., in Arch. Arzob. y MS., v. pt i. 8S-911 On June 
17th, D. had written on the unsatisfactory condition of the Indians at S. 
Diego and S. Luis, made worse by the pernicious example of Portilla's sol- 
diers. Id., v. pt i. 78-1). Also to same effect on July 19th. Id., 101. 



PARTIAL .EMANCIPATION. 831 

to their missions/' the author having of course little 
doubt that they would eventually be thus returned. 52 
While Figueroa's plan' was not so radical as to 
greatly excite the opposition even of friars, yet when 
he attempted its execution he encountered obstacles 
and found no popular enthusiasm in its favor. • It 
was tolerated by the padres as an experiment not 
seriously interfering with the mission system, nor 
very destructive to their interest in the mission prop- 
erty, but sure to result in proving the utter incapac- 
ity of the Indians for self-govern merit. But, for the 
same reasons largely, it was only passively approved 
by the gente de razon, who saw in it no direct avenue 
to the mission lands and herds and servants, while 
the neophytes themselves were ambitious only to 
have the property to dispose of as they pleased, and 
could see little that was attractive in pueblo life 
under authority, in a living that was to be earned, in 
having fields that must be tilled, and cattle that could 
not be bartered. The governor, however, made an 
earnest effort to give the Indians the civil liberty so 
little prized by them, but so valuable in the eyes of 
Mexican theorists. He visited the southern missions 
in person, exhorting the assembled neophytes and ex- 
plaining to them the advantages of the proffered 
freedom. Of one hundred and sixty families at San 
Diego and San Luis, qualified according to the stand- 
ard established, only ten could be induced to accept 
emancipation before Figueroa started on his return 
to the north. 53 He persevered in his efforts never- 
theless, appointing captains Argiiello and Portilla 
as comisionados. The results cannot be exactly 
known. Some families were emancipated at San 
Diego and San Luis, but not enough apparently to 
form a new pueblo; though they received lands, 
managed their own property, and became citizens. 

52 Duran, Critica sobre las Prevention? s de Emancipation, 1833, MS. 
Dated at S. Diego July lGih. 

03 Oct. 5th, F. at Sta B. St. Pap., Hiss, and Colon., MS., ii. 72. 



332 MISSIONS AND SECULARIZATION. 

At San Juan Capistrano the experiment was tried 
on a larger scale. All seem to have been emanci- 
pated, and lands were assigned at the mission, which 
thus became virtually a pueblo in October, under the 
prevenciones of July, and certain special supplemen- 
tary rules issued at this time. I find no evidence 
that any neophytes at all were emancipated this year 
north of San Juan. 54 

In addition to his efforts in the direction of experi- 
mental and partial emancipation, Figueroa also kept 
in view his obligation to report on a plan for formal 
secularization. In August he called upon the dipu- 
tacion, and on the prelates of the two missionary 

54 July 19, 1883, F. appoints Argiiello comisionado for S. Diego, notifying 
also Duran. Vallejo, Doc, MS., xxxi. 31-2. Sept. 21st, Portilla to F. On 
the 23d be will begin the distribution to the neophytes of San Juan Capis- 
trano of their lands at S. Mateo, the best site on the mission tract. The 
Ind. of S. Luis will build their houses at once (where it is not stated), while 
the women harvest the melons. In another letter of the same date P. say3 
the Ind. of S. Juan are not willing to go to S. Mateo, not understanding why 
their lands should not be assigned at the mission, where they have already 
well watered lots on which they are supporting themselves without aid from 
the mission. F. at first ordered a temporary suspension of the distribution at 
S. Mateo, and on Oct. 13th granted the petition of the Ind., ordered lands 
to be assigned at the mission under the rules, and issued some supplementary 
rules for their guidance. 7cZ., xxxi. 38. On Oct. 5th, he had announced his 
intention in a report to Mexico to emancipate all the neophytes of S. Juan, 
who seemed more civilized than others. St. Pap., Miss, and Colon., MS., ii. 
72. It may therefore be supposed that these regulations were put in force. 
Sept. 27th, Argiiello to F. Reports progress, or lack of it, at S. Diego and 
S, Luis. He says that of 59 heads of families at S. Diego only two wished 
for emancipation, unless they could have their property to do what they 
pleased with it; but there were 14 families of 33 persons from S. Dieguito 
who wished to join the two and form a pueblo, and he had granted their 
petition and was going to assign their lands. (It is not stated where, nor is 
there any evidence that he did so.) At S. Luis Rey he was even less suc- 
cessful; for out of 108 families none desired emancipation, though 4 married 
men were somewhat non-committal on the subject. Id., xxxi. 36-7. Oct. 
3d, M. G. Vallejo to F. Thanks God that the true owners of the missions 
begin to enjoy their rights. ' I have rejoiced from the bottom of my heart 
at the liberation of these poor people from the clutches of the missionaries. 
The great supply of men and dollars the padres have hitherto had will now, 
though rather late, come to an end!' St. Pap., Miss, and Colon., MS., ii. 318. 
Oct. 15th, in a decree on elections F. declares that the neophytes are not 
citizens, but the cmancipados can vote. Dcpt. St. Pap., Aug., MS., xi. 12; 
Id., S. Jose, MS., iv. 131. Nov. 26th, F. directs Portilla to warn the 'towns- 
men' of S. Juan that they must do nothing but what is allowed in the regla- 
mento, and must obey orders sent to Portilla. The ayunt. of Los Angeles 
has nothing to do with the management of their property — only having 
jurisdiction in civil and criminal matters. P. is to instruct them in their 
rights and duties, and bid them pay no heed to idle rumors. Dept. St. Pap., 
Ben. Mil., MS., lxxix. 12. 



VIEWS OF PREFECT AXD PRESIDENT. 333 

bands, to state what missions were in a condition to 
be secularized under the law of 1813; what objections 
to secularization existed; and what would be the best 
means to be employed. 53 The diputacion held no 
session this year, or at least has left no record of its 
reply; but both Duran and Garcia Diego gave their 
views on the subject, the former in several communi- 
cations, the latter in a single one dated September 
24th. There was nothing in the argument of the 
Zacatecan prefect that demands^ extended notice. 
He admitted that all the missions under his charge — 
except Solano, which lacked some weeks of the re- 
quired ten years — were subject to secularization ac- 
cording to the law of 1813; but he believed that law 
could not be applied to California without inevitable 
ruin to the missions and to the neophytes. 56 

President Duran of course opposed the change, and 
used to some extent the old arguments, with which, 
coming from him and others, the reader is familiar; 
but he also seems to have put himself as fully as pos- 
sible in the governor's place, and admitting for the 
time that a change was inevitable, to have given in 
good faith his views respecting the best means to be 
employed. Tie noted two great obstacles to be over- 
come: first, the natural apathy, indolence, and in- 
competency of the neophytes, acknowledged by every 
intelligent man who had any experience in the matter; 
and second, the burdens imposed on the missions by 
circumstances, chiefly that of supporting the troops 

55 Aug. 2, 1833. St. Pap., Miss, and Colon., MS., ii. 96; Arch. Arzob., 
MS., v. pt i. 106. 

56 Garcia Dier/o, Parecer del Padre Prefecto sobre Proyecto de Secularization, 
1833, MS. The law, he claims, was made 2,000 leagues away by men who had 
no knowledge of the character and needs of Californian Indians. Emancipated, 
the Ind. would return to nakedness and savagism. Good men would not be 
chosen for alcaldes. The govt had never secularized the missions of Tarahu- 
mara and Sonora, though older than those of Cal. The padres would content 
themselves with saying mass and confessing applicants. It is only by force 
that Ind. can be made to attend to religious duties. The bishop has no 
curates, and the friars would not serve as such, etc. It would seem that F. 
also addressed his inquiries to others; for Oct. 19th, Alf. Jose Sanchez re- 
ports S. F., S. Jos£, and Solano as in a condition to be secularized, the In- 
dians being altogether competent. St. Pap., Miss, and Colon., MS., ii. 96. 



334 MISSIONS AND SECULARIZATION. 

as they bad done for over twenty years. Of course 
the Indians would do nothing for the support of the 
troops after secularization, and if any of their proper- 
ty were taken by force, they would find means to do 
away with the rest and escape to the wilderness and 
savagism. Therefore, before effecting any radical 
change, the government must be sure respecting re- 
sources for the future. The padre disclaimed any 
opposition by himself or his associates from motives 
of interest to their college or to themselves. The law 
of 1813 was altogether inadequate, having been 
framed by men who knew nothing of the subject in 
its Californian phases. The ten-year rule should be 
ignored, and some other adopted, if the results of 
half a century's work were to be saved. 

Three plans were suggested by Duran. The first 
was to establish a new line of missions and presidios 
east of the old line, secularize the old establishments 
into Indian pueblos, and give the neophytes their 
choice between remaining in the pueblos or being at- 
tached to the new missions. This would effectually pre- 
vent them from escaping from civilization, and would 
also free the territory from the danger of attack and 
outrage at the hands of renegade neophytes, hostile gen- 
tiles, and ambitious foreigners. This plan, though the 
best, was probably impracticable, because the national 
government could not be induced to bear the expense. 
The second plan, though not so expeditious, was sure, 
and would lead to the same result. It was to have 
a bishop appointed for California, a live man, not bent 
on leading a life of ease, and to give him the exclusive 
control of all tithes under the protection but not 
direction of the governor. With the means placed at 
his disposal, the bishop could in a few years have in 
operation a seminary of ecclesiastical education, a col- 
lege of missionaries, a cathedral, and all the necessary 
agencies for converting gentiles and furnishing curates. 

rr-i • • • 

lhen the missions might be secularized without risk. 
The third expedient, less desirable than the others, 



DURAN'S PLAN. 335 

was a partial and experimental secularization of cer- 
tain old missions, eight of which are named, where 
there have been no new .conversions for many years. 
A portion of the property might be distributed, and 
the rest kept as a community fund, administered by 
stewards of their own choice, free from tithes, and de- 
voted to the support of the spiritual administration. 
The missionary should have for a time a fatherly 
control, and the alcaldes and majordomos should be 
responsible for losses and evils resulting from a failure 
to follow his advice. The neophytes should be made 
to understand that if they neglect their privileges 
they will be again put under the padres. With these 
precautions, if also the government w r ill see that the 
gente de razon are obliged to set a better example, 
the evils of secularization may be reduced to a mini- 
mum. 57 

Figueroa had now become convinced that any 
general measure of secularization would be productive 
of great injury to the interests of California. In his 
report of July 20th, he had advocated a gradual 
emancipation, in which he thought the friars might 
be induced to cooperate. 53 Now, having heard that a 
bill for secularization had been introduced in congress, 
he made haste to lay before the government, in his 
report of October 5th, the results of his own expe- 
rience and the views of Duran and Garcia Dieofo, 
with whom he agreed to the extent of opposing any 
sudden and radical change in the mission system, as 
involving total destruction of all the property with 
possible danger to the security of the territory. He 
was inclined to favor Duran's plan of a partial and 
experimental change at the oldest missions. 59 It 

67 Duran, Proyectos de Secularization de Misiones, 1833, MS. On Oct. 
10th Duran asks earnestly that Gov. F. use his influence to have the padres 
relieved of the mission temporalities, promising to serve en lo espirUnaf. until 
ministers can be sent to replace them. No reason is given except that the 
padres are old and worn out. 

58 Vaflejo, Doc. Hist. Cal, MS., xxxi. 33. 

59 1 Igtteroa, In forme en que ee opone al Proyecto de Secularization, 1833, MS. 
The 8 missions mentioned by Duran were: S. Juan Capistrano, S. Buenaven- 
tura, Sta Barbara, Purisima, S. Antonio, S. Carlos, Sta, Cruz, and S. Francisco. 



336 MISSIONS AND SECULARIZATION. 

must be noticed that Figueroa had reported in favor 
of expelling Padres Duran and Sarria from the terri- 
tory. Their conduct in private and religious matters 
was praiseworthy; but politically they were opposed 
to the national interests, and they had not scrupled 
to use their official position, influence, and wealth to 
spread their opinions, opposing the distribution of 
lands, freedom of the press, and popular sovereignty, 
and desiring the reestablishment of the inquisition. 60 
Figftieroa's advice, whatever might otherwise have 
been its effect, came too late. The national congress, 
without waiting for the governor's report, and largely 
through the influence of the Hijar and Padres party, 
as we have seen, had not only discussed a bill for 
secularization, but had passed it on the 17th of Aug- 
ust. 01 This law simply provided that the missions 

60 Aug. 17, 1S33, F. to sup. govt, in arswer to an order referring to him 
Echeandia's complaints against the friars and Victoria's defense of their con- 
duct. Dept. St. Pap., MS., iii. 139-40. 

61 Decrcto del Congreso Mejicano se.culiwizando las Misiones, 17 de Agosto de 
1833. In Arrillar/a, Recopilacion, 1833, p. 19-21; Dublan and Lozano, Leg. 
Mcx., ii. 548, iii. 98; Vallejo, Doc, MS., ii. 165; HaUeck's Report, 125, 148-9; 
Dwinelle's Colon. Hist., add., 20-7; Jones' Report, 59; /. Rockwell, 455; 
Wheeler 's Land Titles, 9-10; Bandini, Doc., MS., 36; Hayes'' Mission Book, \. 
218; Lassepas, Baja Gal., 206-7; Muhlenpfordt, Mejico, ii. 450. Art. 1. The 
govt will proceed to secularize the missions of Upper and Lower California. 

2. In each mission shall be established a parish under a priest of the secular 
clergy, with a salary of from $2,000 to $2,500, as the govt may determine. 

3. These curates can collect no fee for marriages, baptisms, burials, or any 
other service. As to fees of pomp, they may receive such as may be expressly 
allowed in the tariff to be formed with the least possible delay for that pur- 
pose by the bishop of the diocese and approved by the sup. govt. 4. To the 
parishes are given the churches of each mission, with the sacred vessels, vest- 
ments, and other appurtenances now possessed by each; and also such rooms 
adjoining the church as in the judgment of the govt may be deemed neces- 
sary for the most fitting service of the parish. 5. For each parish the govt 
will provide a burial-ground outside the settlement. 6. $500 per year are 
assigned as an endowment for public worship and for servitors in each parish. 
7. Of the buildings belonging to each mission, there shall be assigned the 
most appropriate as a dwelling for the curate, with land not exceeding 200 
varas square; and the other buildings shall be used as an ayuntamicnto- 
house, primary schools, public establishments, and work-shops. 8. In order 
to provide promptly and effectually for the spiritual needs of the California^ 
there is to be established a vicar-generalship at the capital of Alta Cal., with 
jurisdiction over both territories; and the diocesan will confer the correspond- 
ing powers, as complete as possible. 9. As an endowment of this vicarship 
$3,000 are assigned, from which all expenses of the office must be paid, no fees 
being allowed on any pretext. 10. If for any reason the curate of the cap- 
ital or of any other parish shall hold the vicarship, he will receive $1,500 in 
addition to his allowance as curate. 1 1, No custom can be introduced obliej- 



MEXICAN LAW OF 1833. 337 

should be converted into' parishes, under the manage- ' 
ment of the ordinary ecclesiastical authorities, and 
regulated some details of that management. Respect- 
ing the real difficulties of secularization, the disposition 
to be made of mission property, and the obstacles 
existing in California, it was silent. Supplementary 
regulations were apparently contemplated, though 
not mentioned; and such regulations, or what may in 
a certain sense be construed as such, will be noticed a 
little later in the instructions to Jose Maria Hijar. 
By the law of August 17th, the expense of putting 
curates and a vicar in charge of the missions, and also 
as it appears of supporting them in their new posi- 
tions — that is, all the expense arising from the execu- 
tion of the law — was to be paid from the pious fund. 
By a later decree of November 26th, the government 
was authorized "to adopt all measures to insure the 
colonization, and make effective the secularization of 
the missions, of Alta and Baja California, using for 
that purpose in the most convenient manner the 
estates of the pious fund of those territories, in order 
to furnish resources to the commission and families 
now in this capital and intending to go there." 02 

We have seen that ten new padres had come to 
California in 1833 to rcenforce the missionary band; 
but two of the Pernandinos died this year, Jose Ber- 
nardo Sanchez, ex-president, and Luis Gil y Tabouda ; 

iiig the inhabitants of Cal. to make oblations, however pious they may be or 
necessary they may be declared; and neither time nor consent of the citizens 
can give them any force or virtue. 12. The govt will see to it that the 
diocesan do his part in carrying out the objects of this law. 13. When the 
ii \>" curates have been named, the govt will gratuitously furnish a passage for 
them and their families by sea; and besides may give to each for the journey 
by land from .$100 to $800, according to the distance and number of family. 
14. The govt will pay the passage of returning missionaries; and in order 
that they may return comfortably by land to their college or convent, may 
give to each from .$200 to $300, and at discretion whatever may be necessary 
in order that those who have not sworn the independence may leave the 
republic. 15. The sup. govt will meet the expenses authorized by this law 
from the product of the estates, capital, and revenues at present recognized 
as the pious fund of Cal. missions. 

62 Decree of Nov. 2G, 1833, circulated by the secretary on the same date, 
and published i:i a bando of Dec. 2d. Arrillas/a, /'crop., 1833, p. 311-12; ^uj). 
St. Pop., MS., ix. 1; lUiy<J Mission Book, i. 218. 
Hist. Cal., Vol. III. 22 



63 



338 MISSIONS AND SECULARIZATION. 

and one, Jose Viadcr, left the country. If we add to 
these losses the five padres who had died, and one 
who had left California in 1831-2, we have a gain of 
only one during the three years covered by this chap- 
ter, notwithstanding the coming of the Zacatecanos. 

Narciso Duran succeeded Sanchez as president of 
the missions in June 1831, being also prelate, vicar, 
ecclesiastical judge, and apparently vice-prefecto, 
there being no change in 1834-5 or the period in- 
cluded in the following chapter. Duran's authority 
was confined to the missions south of San Antonio 
after the coming of the Zacatecanos in March 1833. 
Padre Sarria, as already noted, had held the office of 
comisario prefecto down to 1830; but while there is 
no record of his ceasing to hold that office or that a 
successor was appointed, neither is there any evidence 
that he or any other friar performed any duties of 
the position after 1830, and he is spoken of in 1833 
as ex-prefect. C4 Therefore we must conclude that the 
office of prefect was abolished during these years so 
far as the Fernandinos were concerned. It is to be 
noted that Padre Sanchez issued several papers after 
he left the presidency in 1831, which by their tone 
would indicate that he still held some authority over 
the friars, but there is no other evidence that such was 
the case. In the north, Garcia Diego was comisario 
prefecto of the Zacatecanos during the period covered 
by this chapter and the next, Rafael Moreno being 
president and vice-prefect from the beginning of 1834 



65 



Ci Arch. Arzob., MS., v. pt i. 43; S. Gabriel, Lib. Mision, MS., 41; Arch. 
Sta B., MS., vii. 7; Arch., Obispado, MS., 23. He is in a few documents ad- 
dressed as prefect, but this was probably an error. 

61 Arch., Misiones, MS., ii. 078. In Id., 702, Duran is addressed by 
JFigueroa as presidente prefecto. 

C5 tf. Jos6, Patentes, MS., 190-213. Both were re-elected in 1835. P. 
Gonzalez was made prefect provisionally in 1835. 



CHAPTER XII. 

MISSION AND INDIAN AFFAIRS. 
1834-1835. 

Emancipation — Indian Pcteblos — The Diputacion — Figureoa's Policy — 
Mexican Law of Apeil 1834 — PpvOVisional Regulations of August 
9th— Hij ar,'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 Sug- 
gestions — Local Items of 1835 — Six Missions Secularized — The Fer- 
nandinos Content — Mexican Decree of Nov. 9th — Mission Statis- 
tics, 1831-5— Seasons — Pestilence — Indian Affairs, 1831-5. 

There is no positive record that Figueroa's eman- 
cipatory experiments had led to the foundation of any 
other Indian pueblo than that at San Juan Capistrano 
before the end of 1833. It is possible, however, that 
two others were founded before that date, San Dieguito 
by the ex-neophytes of San Diego, and Las Flores by 
those of San Luis Rev. At any rate, Figueroa in 
his opening address before the diputacion, May 1, 
1834, stated that the three pueblos had not only been 
established, but were flourishing, the difference be- 
tween the condition of the townsmen and of the neo- 
phytes being already noticeable. 1 And this is all 
that is known of secularization in the first quarter of 
the year. 

In his discourse the governor recapitulated his past 
efforts, and announced that the results of his plan of 
gradual emancipation, though impeded by his other 

1 Figueroa, Discurso de Apcrturci, 1S34, MS. 

(339 ) 



340 MISSION AND INDIAN AFFAIRS. 

onerous duties and by lack of competent subordinates, 
had been most encouraging until interrupted by the 
arrival of the secularization law of August 17th, which 
compelled him to await further instructions. The 
law was submitted to the diputacion with a request 
for advice as to its enforcement. The deliberations of 
that body on mission management in May and June 
were extensive, but barren of results. Various propo- 
sitions, relating to the measurement or assignment 
of mission lands, to the prevention of unnecessary 
slaughter of mission cattle, to the enforced ren- 
dering of inventories by the padres pending secular- 
ization, were introduced, referred to committees, re- 
ported back, and discussed; but practically nothing 
was accomplished. In view of the Mexican law of 
August 1833, and of the knowledge that Hilar had 
been appointed commissioner of colonization, Figueroa 
felt doubtful about his powers to take any action, and 
the vocales were easily induced to adopt his views. It 
was resolved June 3d that the gefe politico had no 
authority to execute the law, though some steps 
might be taken should circumstances require it; that 
the diputacion should recommend the assignment of 
certain property to the municipal funds of the new 
pueblos, and that the government should also be 
urged not to delay secularization even in the absence 
of regular curates, since the friars could act as such 
temporarily. 2 

Though still doubtful, or at least affecting doubt, 
as to his powers in the matter, Figueroa was induced 
to change his mind so far as to admit that the 'cir- 

2 Leg. Bee, MS., ii. 44-6, 51, 60-l r 67-8, 70-2, 83-6, 88-0, 02-5, 08-103, 
10S-1 1. The mission property recommended for-thc fondo de propios included 
1,000 head of cattle and horses, the gardens and vineyards, land for tillage 
and for the stock, and the surplus buildings after secularization was provided 
for. May 2d, the governor's old inquiry of Aug. 2, 1833, as to what missions 
were in a condition to be secularized under the law of 1813, was received, 
which is another proof that there had been no session in 1833. By the action 
of .May 22d and June 15th the unnecessary slaughter of mission cattle was pro- 
hibited. But more on this elsewhere. It was ordered that vacant mission 
hinds should be granted according to the colonization law. This was pub- 
lished in a bando. Arch. Obisjiado, M.S., 90; Sta Cruz, Arch., MS., 11. 



FIGUEROA'S POSITION 1834. 341 

cumstances' required action as provided for in the 
previous resolutions, without awaiting special instruc- 
tions from the government or the arrival of its com- 
missioner. The reason alleged was that in the long: 
interval between the passage and enforcement of the 
secularization law, the mission property was in danger 
of being wasted by maladministration — a reason not 
wholly without force. In reality, however, the posi- 
tion of Figueroa in 1834 did not differ much from that 
of Echeandia in 1831. Each desired to advance the 
scheme of secularization, each had instructions to that 
effect, each founded his action on a national law — of 
Spain in one case and of Mexico in the other — each 
expected the early arrival of a successor, each preferred 
from motives of personal pride and for the personal 
interests of friends and supporters that the change 
should be inaugurated by himself rather than by his 
successor, and each had the support of the diputacion. 
Both knew perfectly well that they had strictly no 
legal right to act in the matter, and that the motives 
alleged, though of some weight, were not urgent for 
immediate action; yet both chose to assume the re- 
sponsibility of such action. Figueroa's act, if some- 
what less arbitrary and uncalled for than that of 
Echeandia, was none the less a trick. Unlike Eche- 
andia's, but largely from accidental causes, it proved 
to a certain extent successful. It is by no means im- 
possible that more was knowm in California of the in- 
structions to Hijar and the plans of Padres than was 
admitted in public discussions and correspondence. 3 

3 April 16, 1834, congress passed a decree, published by bando on April 
10th, as follows: '1. All the missions of the republic shall be secularized. 2. 
The missions shall be converted into curacies, the limits of which shall be des- 
ignated by the governors of the states where said missions exist. 3. This de- 
cree is to go into full effect within four months from the date of its publica- 
tion.' Arrillaga, Recop., 1834, p. 134-5; Dept. St. Pap., Mont., MS., vii. 
0; Sup. Govt St. Pap., MS., x. 1; Hayes* Mission Book, i. 220; Id. , Legal Hist. 
S. Diego, i. 57; Jones' Report, no. 13. This law seems never to have been 
mentioned in Californian discussions, and was probably not understood to ap- 
ply to Cal., as very likely — from the use of the terms ' governors ' and 'states,' 
and the existence of a special law — it was not intended to apply; yet had P. 
known of this decree, he might have used it somewhat plausibly in defence 
of his course. In Figueroa, Manifesto, passim, there is much argument for 



342 MISSION AXD INDIAN AFFAIRS. 

Provisional regulations for the secularization and 
administration of the missions were proposed to the 
diputacion July 19th by the Carrillos. Don Carlos 
was for some reason, doubtless satisfactory to himself, 
less radically opposed to secularization than he had 
been a few years earlier. After full discussion, Fi- 
gueroa still maintaining a slight pretence of opposi- 
tion, they were approved article by article in the 
secret sessions of July 30th and 31st, re-read and 
finally approved August 2d, and officially promulgated 
in a printed bando by the governor August 9th. 4 

and against his action. In Mexico, Mem. Justlcia, 1834, p. 30, it is stated 
that the execution of the laws of Aug. 1833 and April 1834 has been pre- 
vented by lack of priests, largely due to the ravages of cholera. 

i Mgueroa, Rtglamento Provisional para la secular izac ion de las Misiones de 
la Alta California,, 9 de Agosto, 183 Jf. Printed document in Earliest Print" 
i»i i in Gal. Also in St. Pap., Miss, and Colon., MS., ii. 253-02; Bandini, 
Doc, MS., 37; Arch. Sta B., MS., viii. 264-75; x. 254-65; Dept. St. Pap., 
Mont., MS., iii. 30-42; and with something of. the discussions in Leg. Pec, 
MS., ii. 12-28. English translations in H ailed? s Report, 147-53; Jones' Re- 
port, 65; Dv:inelle > s Colon. Hist. S. F'co, append., 31; /. Rockwell, 456; 
HayeS Mission Book, i. 220. 1. The gefe politico, according to the spirit of 
the law of Aug. 17, 1833, and to his instr. from the sup. govt, acting in 
accord with the prelates of the friars, will partially convert into pueblos the 
missions of this territory; beginning in Aug. (erroneously printed 'next 
August,' it having been discussed in July) with 10 missions and continuing 
with the others successively. (In the original proposition the last clause was 
'so far as his duties may allow,' the definite date and the specification of 
missions being substituted after much debate. ) 2. The friars will be relieved 
from the administration of temporalities, and will exercise only the functions 
of their ministry in spiritual matters until the formal division of parishes be 
made and curates provided by the govt and bishop. 3. The ter. govt will re- 
assume the admin, of temporalities, directively, on the following plan. 4. 
The approval of this regl. will be solicited from the sup. govt by the quickest 
route. 

Distribution of property and lands. — 5. To each head of a family, and to 
all over 20 years old, will be given from the mission lands a lot not over 400 
nor less than 100 varas square. In common, will be given them enough land 
to pasture their stock. Egidos shall be assigned for each pueblo, and at the 
proper time p>ropios also. 6. Among the same individuals there shall be dis- 
tributed pro rata, according to the judgment of the gefe pol., one half of the 
live-stock, taking as a basis the latest inventories rendered by the mission- 
aries. 7. There will also be distributed to them, proportionally, half or less 
of existing chattels, tools, and seed indispensable for the cultivation of the 
ground. 8. All the remaining lands and property of every kind will remain 
under the charge and responsibility of the majordomo or employee named by 
the gefe pol., at the disposal of the sup. govt. 9. From the common mass of 
this property provision shall be made for the subsistence of the padres, pay 
cf majordomo and other servants, expenses of worship, schools, and other 
objects of public order and improvement. 10. The gefe pol., intrusted with 
the direction of temporalities, will determine and regulate after proper investi- 
gation, the expenses which it may be necessary to incur, both for the execution 
of this plan and for the preservation and increase of the property. 11. The 



BAXDO OF AUGUST 1834. 343 

These regulations, which I give nearlv in full, were 
certainly, whatever may have been the legality of 
their issue, much more wisely and carefully prepared 
than any that had preceded them, resembling in many 
points the prevenciones on gradual emancipation, 
leaving: much to the judgment of the friars, and 

missionary will choose that one of the mission buildings which suits him best 
for his dwelling and that of his attendants; and he will be provided with the 
necessary furniture and utensils. 12. The library, sacred vessels, church 
furniture, etc., shall be in charge of the padre, under the responsibility of a 
sacristan chosen by him and paid a fair salary. 13. General inventories 
shall be made of all mission property duly classified, account books, docu- 
ments of every class, debts, and credits — all to be reported to the sup. govt. 

Political government of the pueblos. — 14. The political govt shall be or- 
ganized in conformity with existing laws; and the gefe pol. will give the 
proper rules for the establishment of ayuntamientos and holding of elections. 
lo. The economical management of the pueblos shall belong to the ayunt. ; 
but in the admin, of justice they will be subject to the judges of 1st instance 
constitutionally established in the nearest places. 1G. The emancipated will 
be obliged to aid in the common work which in the judgment of the gefe pol. 
may be deemed necessary for the cultivation of the vineyards, gardens, and 
fields remaining for the present undistributed. 17. They will render to the 
padre the necessary personal service. 

Restrictions. — 18. They may not sell, burden, nor convey the lands given 
them; nor may they sell their stock. Contracts made against these orders 
shall be void; the govt will reclaim the property and the buyers will lose 
their money. 19. Lands, the owners of which die without heirs, shall revert 
to the nation. 

General rules. — 20. The gefe pol. will ap>point the comisionados whom he 
may deem necessary for the execution of this plan. 21. The gefe pol. is au- 
thorized to settle whatever doubt or matter may arise in connection with the 
execution of this regulation. 22. Until this regul. is put in force the mission- 
aries are prohibited from slaughtering cattle in considerable quantities, ex- 
cept the usual slaughter for the subsistence of neophytes, without waste. 
23. The debts of the missions shall be paid in preference out of the common 
property, on such terms as the gefe may determine. And for exact compli- 
ance there shall be observed the following rules: 1. The comisionados as soon 
as appointed will go to their respective missions to carry into effect the plan, 
presenting their credentials to the friar, with whom they pre to preserve har- 
mony, politeness, and due respect. 2. At first the com. will receive all ac- 
counts and documents relating to property; then the general inventories will 
be formed in the order given, an estimate of two intelligent persons sufficing 
for the live-stock. As entered in the inventory, all passes from the control of 
the friar to that of the com. ; but no innovation is to be made in the system 
of work, etc., until experience proves it to be necessary. 3. The com. and 
majordomo are to see that all superfluous expenses cease. 4. Before making 
an inventory of field property the com. must explain to the Indians this reg- 
ulation and the change it is to effect in their condition. Their lots are to be 
immediately distributed. The com., padre, and majordomo will select the 
place, give to each what he can cultivate within the fixed limits, and allow 
each to mark his land in the most convenient way. 5. The com. must pay 
no debts of the mission without an express order from the govt, to which a 
report must be made in order that the number of cattle to be distributed may 
be determined. G. Implements will be distributed for individual or common 
use as the com. and padre may decide; but grain is to remain undistributed, 
and the neophytes will receive the usual rations. 7. What is known as the 



314 MISSION AND INDIAN AFFAIRS. 

evidently intended to conciliate as far as possible the 
good-will of the missionaries and to use all possible 
precautions against the evils to be feared from a sud- 
den and radical change. 

In the middle of October, after some progress had 
been made in carrying into effect the la\v r under Figue- 
roa's regulations, Hijar appeared on the scene with 
instructions dated April 23d which contained certain 
articles regulating the law of August 1833, or at least 
were the only regulations on the subject that the 
Mexican government had deigned to issue. I append 
those articles in a note. 5 Their exact meaning is 
not quite clear, since, literally interpreted, they con- 
tain not a word to authorize the distribution of any 
portion of the mission property to neophytes. This 
fact enabled Figueroa and his friends to denounce 
with much plausibility the whole scheme as one of de- 
liberate plunder. I suppose, however, that the failure 
of the government to define specifically the Indians' 
rights was but a part of the general carelessness ob- 
servable in all official transactions relating to the col- 

'nunnery ' is to be abolished at once. The girls and boys are to be given to 
their parents, to whom their parental duties are to be explained. 8. The 
com. , after investigation, will propose as soon as possible one or more persons 
deemed fit for majordomos, with the salary that should be paid them. . 9. 
Rancherias at a distance having 25 families may form a separate pueblo if 
they wish to do so, otherwise they will form a barrh or ward of the main 
pueblo. 10. The com. will report the population, in order to prepare for elec- 
tions, which so far as possible are to conform to the law of June 12, 1830. 
11. The com. will take all necessary executive steps demanded by the state 
of business, reporting to the govt and consulting it in serious or doubtful 
cases. 12. In all else the com., padre, majordomo, and Indians will act as 
prescribed in the reglamento. — Monterey, Aug. 9, 1834. Jose Figueroa; 
Agustin V. Zamorano, secretary. 

b JIijar, Ins'rucciones. Art. 1. He will begin by taking possession of all 
the property belonging to the missions of both Californias. Art. 7. Special 
care shall be taken to attach the Indians to the settlements, mixing them 
with the other inhabitants, but not -permitting any settlement composed of 
them only. Art. 9. Each family of colonists to receive certain land, live- 
stock, and implements (of course from the mission property). Art. 11. The 
distribution of movable property belonging to the missions having been made 
(was this merely the distribution to the colonists as per art. 9 ? or did it in- 
clude also a distribution to neophytes as a part of secularization ?), one half 
of what is left shall be sold in the most advantageous manner. Art. 13. The 
remaining half is to be kept on account of the govt, to pay expenses of wor- 
ship, education, etc. Art. 14. An annual report on the mission property re- 
quired from the director of colonization. 



HIJAR'S IXSTRUCTIONS. 345 

on} 7 . Secularization included as an essential element, 
by the whole spirit of Spanish laws, the distribution 
of mission lands and property to the Indians. Hijar 
and Padres always claimed to be advocates and de- 
fenders of aboriginal rights; and while their strongest 
motives, as in the' case of all men in a like situation, 
were personal rather than humanitarian, I deem it 
unlikely that there was any intention of perpetrating 
so gross an outrage as was implied in a literal inter- 
pretation of the instructions considered independently 
of other laws. I suppose rather that the plan was to 
put the neophytes, at least in theory, on equal terms 
with the colonists in the distribution of property. It 
can serve no useful purpose to speculate upon what 
might have been the results if Hijar's instructions 
had been carried out. The revocation of his commis- 
sion as gefe politico enabled Figueroa very justly to 
annul those instructions; else he would have found 
himself with his reglamento very much in the position 
of Echeandia with his decree of January 1831. The 
controversy has been fully treated elsewhere; and the 
arguments of the two rivals on their respective sys- 
tems and authority for regulating secularization, 
though lengthy and interesting, do not call for further 
notice. 6 The Hijar and Padres colony as planned 
seemed destined to exert a radical and controlling in- 
fluence on the fate of the California missions; but in 
reality it had no effect beyond the imposition of a 
heavy tax for a year or two to support the families, 
and a diminution of the opposition which Figueroa 
might otherwise have expected from the friars. 7 

The records of what was actually accomplished this 
year under Figueroa's provisional regulations are 
meagre, as we shall find the annals of secularization 



6 See Figueroa, Maniftesto, 44-80. 

7 Janssens, Hijar, and other members of the colony are inclined to insist 
that the opposition to the directors arose largely from their efforts in behalf 
of the Indians, whose property the other party wished to control. 



346 MISSION AND INDIAN AFFAIRS. 

in all years. There are in the archives vague local 
items indicating the presence of a comisionado and 
the introduction of the new system in nine missions. 
Such fragmentary information as can be derived from 
these items, I give in a note. 8 The tenth mission was 
perhaps San Carlos, which would naturally have been 
one of the first, though there is no evidence on the 
subject. Most of the items bear date of November, 
and in but few missions was much progress made be- 
fore December. 

The padres have not left themselves on the record 
on either side of the contest between Fi^ueroa and Hi- 
jar; nor do they appear to have made any attempt to 
interfere seriously with the enforcement of the pro- 
visional regulations. Before their publication, Presi- 
dent Duran had written a letter of general discontent 
to the governor, complaining of the uncertain pros- 
pects in the matter of secularization, of the scarcity 
and illness of friars, of the refusal of the Zacatecanos 
to take charge of more than eight missions, of the 

8 There is nothing in relation to S. Diego. At S. Luis Rey, Capt. Portilla 
Mas comisionado in Nov., and the accounts turned over by P. Forttmi showed 
assets of $40,613 and liabilities of $14,429. In Dec. the Ind. refused to work, 
and ran away, taking most of the horses and killing many cattle; but in Jan. 
they began to come back and behave better. St. Pap., Miss., MS., xi. 49-53; 
] lakes' Mission Booh, i. 223, 227. No record for S. Juan Capistrano, excep : that 
Juan Jose - Rocha, probably the comisionado, acknowledges on Nov. 22d re- 
ceipt of resolution to secularize the mission. Dept. St. Pap., Ben. Mil., MS., 
lxxxviii. 18. At S. Gabriel an inventory was made in Nov. 1834. St. Pa})., 
Miss., MS., vi. 12-14; and Lieut-col. Gutierrez was doubtless the com., being 
in charge early the next year. Lieut Antonio del Valle was the com. at S. 
Fernando, and was engaged in Oct. in making inventories. Ouerra, Doc, 
MS., vi. 150; Vallejo, Doc, MS., xxxi. 134. At Sta Barbara Alf. Anastasio 
Carrillo was com. from Sept., with Jose" Maria Garcia as majordomo from Oct. 
St. Pap., Miss., MS., ix. 24-31; xi. 1. Domingo Carrillo was com. of Puris- 
ima in Nov. Id., xi. 23. There is no record for S. Luis, S. Miguel, S. Anto- 
nio, S. Curios, S. Juan, or Soledad. Santa Cruz was delivered to Alf. Ignacio 
del Valle as com. on Aug. 24th; and Juan Gonzalez was majordomo from Oct. 
This establishment was now known'as Pueblo de Figueroa; and the Ind. were 
reported to behave admirably under the new system; though there was a lit- 
tle trouble with the padre about the rooms to be occupied by him. St. Pap. , 
Miss., MS.,ix. 66-71; x. 6; Sta Cruz, Arch., MS., 12, 23; Valle, Lo Pasado, 
MS., 9-10. There is no record of secularization this year at Sta Clara or S. 
Jose\ At S. F. de Asis, Joaquin Estudillo took charge as com. in Sept. 
St. Pap., Miss., MS., ix. 62. At S. Rafael an inventory was taken in Sept. ; 
the pueblo was marked out in Oct. by Ignacio Martinez, who was probably the 
com.; and stock was distributed in Dec. Id., v. 58-9; x. 11. S. F. Solano 
was perhaps not fully secularized until next year. 



RULES OF SECULARIZATION". 347 

action of some troops who had sustained the Indians 
rather than the padres, and of new troubles, not ex- 
plained, which had come upon himself. "The Indians 
should not be entirely subjected nor entirely free," 
yet he saw no practicable middle course, and begged 
Figueroa to take counsel of unprejudiced persons such 
as foreigners. 9 Prefect Garcia Diego received in May 
from the guardian of his college a copy of the secu- 
larization law, with orders to obey its provisions and 
instructions on the methods of surrender to curates. 
He congratulated the Zacatecanos on the adoption of a 
measure which would enable them to retire. About 
the same time he received and circulated an order for- 
bidding the padres to take any part in politics, or to 
criticise the policy of the government. 10 

Duran seems to have made a report on the plan 
embodied in the provisional reglamento, which is not 
extant, but which, on being presented to the diputa- 
cion, was referred to a committee, and resulted in a 
series of supplementary regulations adopted in the 
extra session of November 3d and issued in a bando 
by Figueroa on the 4th. No radical changes were 
introduced by this document, which seems to indicate 
that Duran and the other friars were inclined to look 
somewhat favorably on the new system as adminis- 
tered by the governor, or at least, that it was more 
favorable to their interests than any substitute likely 
to be obtained. 11 

9 July 22, 1834, D. to F. Arch. Arzob., MS., v. pt ii. 4-5. 

10 May 22, 1834, F. to Casarin. Dept. St. Pap., Mont., MS., vi. 30. June 
20th, Garcia Diego to padres. Arch. Obispado, MS., 90. May 23d, same to 
same. -V. Jose, Patentes, MS., 203-8. Alvarado, Hist. Cat., MS., ii. 217-23, 
tells us that the Zacatecans were in a fury. They prepared a protest to the 
pres. against the plundering policy, calling for F. 's trial and removal. Backed 
by Zamorano and Sanchez, they sent the protest south for the signatures of 
the Fernandinos, not one of whom would sign the document, and some of 
whom talked very warmly in favor of the regl. , mainly to annoy the Zaca- 
tecanos, whom they despised as intruders. I believe, however, there is no 
reason to credit Alvarado's statements on this and like subjects. 

11 Reglamento de Misiones secularizadas, aprobado por la Diputacionen 3 de 
Nov. 1834, MS., in Vallejo, Doc, xxxi. 131; Leg. Bee, MS., ii. 199-205; 
translation in Halleck's Report, 153-4; Jones' Report, 60; Dwinelle's Colon. 
Hist., S. F'co, add., 34; Hayes' Legal Hist. S. Diego, i. 57. Art. 1. Con- 
formably to the law of Aug. 17, 1833, salaries of $1,500 are assigned to curates. 



318 MISSION AND INDIAN AFFAIRS. 

A special matter that may best be noticed here is 
the slaughter of mission cattle by the friars in 1834 
and the following years, together with a wanton neg- 
lect and destruction of other property. Many of the 
missionaries regarded secularization as an outrage 
upon themselves, their college, and their neophytes; 
and when they became convinced that the disaster 
could not be averted, at different times, but chiefly 
in 1834, they ceased to care for the buildings, vine- 
yards, and gardens as in former times, and attempted 
to realize in ready money as large an amount as pos- 
sible, which of course could best be done by a slaugh- 
ter of cattle for their hides and tallow. Accordingly 
such a slaughter was effected, to some extent in all 
the missions, but notably at San Luis Rey, San Ga- 



of first-class parishes, and $1,000 to those of the second class. 2. Parishes of 
the first class shall be, S. Diego and S. Dieguito; S. Luis Rey, Las Florcs, 
and annexed settlements; S. Gabriel and Los Angeles; Sta Barbara mission 
and presidio; S. Carlos and Monterey; Sta Clara and Jose de S. Guadalupe; 
and S. Jos£, S. Francisco Solano, S. Rafael, and the colony (7 in all, incor- 
rectly grouped in Halleck's and other translations). Parishes of the second 
class, S. Juan Capistrano, S. Fernando, S. Buenaventura, Sta In6s and Pu- 
risima, S. Luis Obispo, S. Miguel, S. Antonio and Soledad, S. Juan Bautista 
and Sta Cruz, S. Francisco mission and presidio. In parishes of more than 
one place, the curate will reside at that first named. 3. The comisario prc- 
fecto Garcia Diego will reside at this capital. The gefe pol. will ask from the 
bishop in his behalf the faculties of vicario foraneo. His salary shall be 83,000. 
4. In all other respects the vicar and curates are to conform to the law of 
Aug. 17th. o. Until the govt shall provide regular curates, the prelates will 
do so (from the friars) provisionally, by consent of the gefe pol. 6. $500 per 
annum shall be paid in each parish for church expenses and servants. 7. All 
these salaries and expenses of worship shall be paid from the common prop- 
erty of the extinguished missions, in money if there be any, or in produce at 
current rates — the gefe pol. to give the necessary orders. 8. Art. 17 of the 
regl., requiring the Ind. to render personal service to the friars, is abrogated. 
9. The gefe will cause to be assigned buildings for the residence of curates, 
ayuntamientos, schools, etc., according to art. 7 of the law. 10. Other 
points of Duran's recommendations may be attended to by the gefe pol. under 
art. 17 of the regl. 11. All to be communicated to the prelates and by them 
to their subordinates. 

My original is the one sent by Figueroa to Comisionado Valle at S. Fer- 
nando, whom he directs to assign the curate's dwelling at once. Salaries are 
to commence on Dec. 1st, after which date it will not be necessary to supply 
the padre with subsistence or service, except on salary account. On Oct. 30th 
I' 1 , had issued a resolution of the dip. that although the Ind. towns still bore 
the name of missions, they were not lawfully so, since they ought to have been 
secularized ere this, and should therefore be considered as towns of the repub- 
lic, subject to the same laws as other towns, being under the civil authorities 
of the head towns of the respective districts. St. Par)., Miss, and Colon., MS., 
ii. 203-4. 



SLAUGHTER OF CATTLE. 349 

briel, and Purisima, by outsiders who contracted to 
kill the cattle and deliver half the hides to the padres. 
Such is the charge, and though exaggerated in detail, 
I have no doubt it is well founded; indeed, so far as 
I know, the padres have left in the records no denial 
of its truth. Naturally the documentary evidence 
on this subject is slight; but we have seen that in 
June the diputacion forbade the slaughter of cattle 
except in the usual quantities, and by members of the 
community; and a similar prohibition was deemed 
necessary in the reglamento of August. I append a 
few notes from the archives and something of what 
has been said on the subject. 12 

12 July 16, 1834, F. to alcaldes, publishing the act of the dip. of the 12th. 
It is stated that the slaughter was then going on at Purisima, S. Luis, and S. 
Gabriel. Pico, Doc Hist. Cat., MS., i. 9-10; Dept. St. Pap., Ang., MS., 
xi. 21-2; Sta Cruz, Arch., MS., 10-11; Vallcjo, Doc, MS., xxxi. 95-6. June 
20th, Prefect Garcia Diego circulates the order to the Zacatccanos. Arch. 
Obispado, MS., 90. July 8th, 10th, 12th, permission asked by S. Carlos and 
S. Luis to slaughter cattle for payment of debts. Leg. Pec, MS., ii. 148-51, 
103. From May to July 5,700 cattle were killed, leaving 2,850 hides for the 
mission, the rest belonging to the ' porcioneros. ' St. P<qj., Mise., MS., x. 4. 

Osio, Jlist. Cat., MS., 203-6, attributes the slaughter largely to the feeling 
of the Fcrnandinos against the Zacatecanos. The padre of S. Luis Obispo was 
ordered by his prelate to convert the mission wealth as rapidly as possible; 
and he bought 820,000 worth of cotton, woollen, and silk goods which he dis- 
tributed among the neophytes. Over 5,000 hides from S. Gabriel were 
shipped at S. Pedro. When P. Est6nega came to that mission he found all 
the cattle destroyed, so that he had to appeal to the Yorba rancho for meat, 
fat, and milk. Gov. Chico in 1836 said the friars 'annihilated the best part of 
the funds to allay the covetousness that they deemed to be the primary cause 
of secularization,' executing ' matanzas espantosas de ganado,' and abandon- 
ing 'toda clase de arbitrios de su progreso.' Earliest Printing in Cal. Ban- 
dim, Hist. Cal., MS., 51-3, tells us that 2,000 cattle were killed in a single 
day at one mission, the meat and fat being left in the fields. F.'s govern- 
ment only pretended to interfere, to save a portion of the stock for a particu- 
lar purpose indicated in a letter to friends in Mexico, which the author saw, 
but which he takes good care not to quote or explain. J. J. Vallejo, Reminis., 
MS., 54-3, though a friend of the padres, admits the destruction, and thinks 
it was justified by circumstances. Pio Pico, Hist. Cal., MS., 157, says he 
had a contract at S. Gabriel, employing 10 vaqueros and 30 Indians, and 
killing over 5,000 cattle. Pico, Acovt., MS., 24, speaks of a very extensive 
slaughter at Purisima under Domingo Carrillo, the administrator. Estudillo, 
Datos, MS., 33-4, tells us that after a time nothing but the hides was saved. 
Some 20,000 head were killed at the S. Jacinto ranch of S. Luis Hey. 
RobinsoD, Life in Cal., 159-61, says the ruin was more preceptibie at S. 
Gabriel than elsewhere. The contractors really took two hides for every 
one they gave the padres. Hayes, Emig. Notes, 486, thinks the slaughter 
began in 1832. Mrs Ord, Ocurvencias, MS., 70-3, is inclined to doubt that 
any wanton slaughter was effected at most missions; but she understood that 
3'),000 cattle were killed at S. Gabriel, and remembers that there were fe 
of a pestilence from the rotting carcasses. Truman, in the Casiroville Argus f 



350 MISSION AND INDIAN AFFAIRS. 

The venerable ex-prefeet Padre Francisco Vicente 
Sarria, of the Fernanclinos, died in 1835; and his as- 
sociate, * Francisco Javier Uria, had died the year 
before. These are the only changes to be noted in 
the missionary personnel, except that Padre Perez of 
the Zacatecanos disappears from the records after 
1835. I do not know what became of him. 

By submitting to heavy discounts, certain friars 
seem to have succeeded in collecting a portion of the 
sums due them on account of sinodos this year. This 
was accomplished through the agency of Virmond, 
who for approved missionary drafts on the pious fund 
obtained others on the national treasury which were 
paid in custom-house orders negotiable at 25 or 30 
per cent discount for cash. As usual, the accounts are 
incomplete, and it is impossible to state exactly what 
sums were obtained; but at one time $7,200 were paid 
to the padres of six missions; and the college of San 
Fernando seems to have got a bill accepted for the 
sinodos of nine friars from the beginning of 1830 down 
to the respective dates of their decease. Meanwhile 
the pious-fund estates remained, not yet rented ac- 
cording to the law 7 , in the hands of a directive junta. 
Of the revenue from June 1832 to March 1834, 
amounting to $56,250, the sum of $25,691 had been 
expended on the colony; $23,567 had been taken as a 
loan by the government; $4,713 paid out in miscel- 
laneous expenses; and $1,523 paid over in missionary 
stipends. 13 

Sept. 23, 1871, gives a very exaggerated account of the destruction and ship- 
ment to Spain of all the property at S. Juan Capistrano by P. Zalvidea; 
and Taylor, Ceil. Farmer, Feb. 1, 1S61, tells us that the padre of S. Gabriel 
unroofed the buildings, used the timbers for firewood, had the cattle killed 
on halves, and distributed the utensils to the neophytes, who were ordered to 
cut down the vineyards, but refused. 

13 Mexico, Mem. lielaciones, 1835, p. 36-7, no. 10. May 2, 1835, F. to the 
govt says that Deppe, Virmond's agent, had paid $7,200 to padres of S. An- 
tonio. Sta In6s, Purisima, S. Miguel, S. Juan Capistrano, and S. Francisco, 
for 1831-2-3. He advises a suspension of such allowances, or of such pay- 
ments, on the ground that the padres manage the missions in their own way 
and have plenty of resources. In cases of actual necessity, the sinodos could 
be paid from the mission products, and the whole considered as a loan to the 
govt. (In view of the secularization laws already enforced or to be enforced 



PROGRESS IN 1835. 351 

Demands for supplies from the missions were often 
refused in 1835, both by the padres and by the com- 
isionados, but always on the plea of absolute want of 
means. The changes of the last few years had left 
many of the establishments in such a condition that 
they could barely feed and clothe the Indians, who 
were not disposed to look at all favorably on any shar- 
ing of their earnings with the troops. To what ex- 
tent, if any, the community cattle and other property 
were sacrificed in aid of the troops or for the further- 
ance of private interests I have no means of knowing; 
but I suppose that the swindling operations charged 
upon the government and the administrators, with 
much probability of truth, did not commence until 
later, and that in 1834-5 the authorities contented 
themselves for the most part with the legitimate taxes 
on mission products. 

In respect to general regulations and progress of 
secularization, there is little to be noted in the annals 
of 1835. No approval of the reglamento came from 
Mexico, nor disapproval for that matter, and in Cali- 
fornia little or nothing: was changed in the current 
system. Figueroa devised a plan for establishing sep- 
arate ranches at each mission for the support of the 
padre and of public worship; and even made a begin- 
ning: at San Carlos and Santa Cruz. Garcia Diegfo 
approved the measure warmly in May, perhaps had 

immediately, the meaning and force of P. 's argument are not apparent. ) June 
17th, F. certifies the drafts of G padres, 4 of them for stipends of 1834 and 2 
for 1S31-4, aggregating $4,800. St. Pap., Miss, and Colon., MS., ii. 294-8. 
Oct. 7th, Virmond to Guerra. On the discounts necessary to obtain money. 
Calls for a full power of attorney, and will do his best. Guerra, Doc, MS., 
vi. 147-8. Dec. 23d, same. Speaks of the draft in favor of the college in 
favor of PP. Catala, Suher, Boscana, Barona, Amoros, Sanchez, Gil, Uria, 
and Sarria; and calls for doc. to prove their claims. Id., vi. 146-7. Dec. 
lGth, there is no way to recover the losses of two or more of the missions by 
the death of the insolvent Sindico Martiarena at Tepic. Id., vi. 130. A list 
of padres showing sums due to each from 181 1 to Dec. 1, 1834. The total 
sum is $248,000; and tho amount received from 1811 to 1830 by the padres 
still living in 1834 was $19,230 out of $85,000 that should have been paid. 
Fondo Piadoso de Cal., Demostrarion de los Sinodoa que adeuda a los Ileligi- 
osos del Colegio de S. Fernando, 1811-3//, MS. Oct. 14th, directors of pious 
fund to pres. of missions, calling for certified accounts of sums due. Doc. Hist. 
Cal., MS., iv. 994-5. 



352 MISSION AXD INDIAN AFFAIRS. 

suggested it first himself, but in August, after re- 
flection, changed his opinion, basing his opposition 
on the governor's lack of authority to make such an 
innovation on the Mexican laws against the foundation 
of any obras %)icidosas whatever, on the animosity that 
would be felt against the padres so long as they ad- 
ministered any property, on the insufficiency of the 
means proposed, and on the injustice of freeing the 
gente de razon from all responsibility for the support 
of religion. 14 On account of this opposition or of Fi- 
gueroa's early death, the scheme was carried no further. 
From the Fernandinos we hear nothing; and their si- 
lence may indicate that in the south secularization was 
proving more or less satisfactory. In the north, how- 
ever there were complaints of demoralization among 
the Indians, and of other difficulties, which prompted 
Prefect Garcia Diego to suggest certain modifications 
of the rules, not adopted so far as can be known. 15 

14 May 29, Aug. 3, 1835, G. D. to F. St. Pap., Miss, and Colon., MS., ii. 
333, 336-9. June lath, guardian of the col. at Zacatecas wrote to prefect that 
the missions must not be considered nor called parishes, nor the missionaries 
curates, since no legal and formal transfer had been effected. And the trans- 
fer could be made lawfully to only priests able to show all their papers in due 
form. Corresp. de Misiones, MS., 45-7. Aug. 15th, G. D. to the padres. The 
guardian requires statistical information about the missions. S. Jose, Patentes, 
MS., 211-12. 

15 Garcia Diego, Reglas que propone el P. Prefecto para gobierno interior de 
lis ex-misiones, 1835, MS. His suggestions were: 1. Total separation of the 
quarters chosen by the padre for himself and servants and those of the comi- 
sionado and majordomo. 2. That the Ind. be compelled to render personal 
service to the padre, whose servants should not only be supported by him, but 
controlled and corrected in a parental way, independently of all interference 
from the com. 3. That in view of disorders that have resulted among the 
single women since they were set free, they should be returned to the padre's 
exclusive control, aided by an alcalde of his own choice. 4. That the allow- 
ance of $500 per j^ear for expenses of religious worship should be paid to the 
padre at the beginning of the year, he to keep a book of accounts which was 

►to be inspected by his prelate. 5. That the padres should be authorized to 
enforce attendance on religious duties by the same means used in the case of 
children. 6. That com. be instructed to aid the prelate with animals and 
vaqueros when travelling, or the friars travelling by order of their prelate. 7. 
The com. and majordomos also to furnish carriers of correspondence between 
the prelate and friars. 

Dana, Tu:o Years before the Mast, 199, speaks of the prevalent immorality 
among the Indian women in 1S35-6. May 21st, F. orders com. not to make 
loans of mission effects which may prejudice the establishment. St. Pap. , Miss., 
MS., ix. 27. Oct. 12th, Vallejo to F., expressing the opinion that not all the 

phytes .are lit to be intrusted with the management of their own property; 
and advising that a part be made to live in community, the property being 



LOCAL ITEMS OF SECULARIZATION. 353 

Locally we have a series of items in continuation 
of those presented for 1834. These show that six ad- 
ditional missions were secularized this year, San 
Diego, San Luis Obispo, San Antonio, Soledad, San 
Juan Bautista, and San Francisco Solano. No 
change had yet been made so far as the records show 
at San Buenaventura, Santa Ines, San Miguel, Santa 
Clara, and San Jose. Thus in sixteen missions the 
friars had been deprived of the temporal management; 
comisionados had at first taken charge, and at several 
of the establishments had completed their labors; in- 
ventories of all mission property had been made; a 
portion of the lands and other property had been 
distributed to the neophytes; the padres had be- 
come temporarily curates; and majordomos, often un- 
officially called administrators, had succeeded the 
comisionados, or were managing the estates under 

7 o o 

their supervision. Figueroa's provisional reglamento 
was practically in force, though the author was 
dead, and, so far as can be determined from meagre 

77 o 

records, the result at many missions was not un- 
satisfactory. 16 It is unfortunate that we may know 



managed by majordomos. Vallejo, Doc, MS., iii. 43. Dec. 27th, F. says that 
the sum of .$300 for church expenses is excessive; and orders that payment be 
made only for what is actually needed. St. Pap., Miss., MS., ix. 10. 

16 At S. Diego Joaquin Ortega became majordomo in April. St. Pap., 
Miss., vi. 38-9. There is no record of any com. having served since 1833. 
In Nov. the Ind. pueblo of San Pascual was in existence with 34 families. 
Document in Hayes 1 Mission Booh, i. 230; Id., Emig. Notes, 497. No record 
of S. Dieguito. At S. Luis Rey Portilla as com. had troubles of a not im- 
portant nature with Ortega of S. Diego, and with the padre, who was not 
pleased with the rooms assigned him. JJept. St. Pap., MS., iii. 3-7; St. Pap., 
Miss, and Colon., MS. , ii. 340-1. Early in the summer he transferred the charge 
of the property to Pio Pico, as majordomo, against whom in Nov. the Ind. 
made loud complaints. Hayes* Mission Booh, i. 229; Julio-Cesar, Cosas de Initios, 
MS., 4-5. Inventory of August, assets, 8203,737; debts, $9,300. St. Pap., 
Miss., MS., vi. 10-11. An inventory of S. Juan Capistrano makes the assets 
$54,456; debts $1,420. /(/., v. 48-9. At S. Gabriel there is no record of the 
appointment of a majordomo, Gutierrez being still in charge in Jan. Dept. 
St. Pap., Any., MS., ii. 3. Antonio del Valle became majordomo of S. 
Fernando on June 1st; and to him the Ind. complained of P-. Ibarra's re- 
moval of money and goods. St. Pap., Mi«s., MS., ix. 8; xi. 3. In Id., xi. 3-4, is 
a record that Carlos Carrillo was sent to secularize S. Fernando, but the Ind. 
refused to recognize him. This isunintelligiUe, unless the name should be S. 
Buenaventura. For Sta Barbara there are several inventories for the year; 
and in May Jose Maria Garcia took charge as maj. /(/., ix. 24-5. At Puri- 
Hist. Cal., Vol. III. 23 



334 MISSION AND INDIAN AFFAIRS. 

so little about the practical working and immediate 
results of the new system; and especially that the 
padres' views are not extant. Here and there a friar 
had a personal quarrel with the new administration 
about the assignment of rooms or servants, or pre- 
sented a complaint that the ex-neophytes were ill 
treated, but for the most part they were silent. 
They seem, more particularly the Fernandinos in the 

si ma Joaquin Carrillo as maj. was put in, charge in Aug. by his brother Do- 
mingo. Assets were $29, 9S1. Id., vi. 16. 

Manuel Jimeno was ordered by the gov. in Oct. to secularize S. Luis 
Obispo; and Santiago Moreno was made maj. the same month. Id., ix. 14-15, 
No record for S. Miguel. Manuel Crespo was the com. to secularize S. An- 
tonio; and Mariano Soberanes was maj. until Sept. 10th, when he was succeeded 
by Jose Ramirez. The inventory at the transfer showed assets of only $7,883. 
/(/., vi. 16; xi. 30. P. Mercado made very bitter complaints in Dec. of the 
treatment of the Indians by Ramirez, and of the deplorable results, the regu- 
lations being flagrantly disregarded, and the prosperity of the mission ruined. 
Leg. Pec, MS., iii. 3-6; 8. Antonio, Doc. Sueltos, MS., 120-1. At S. Carlos, 
Torre, Reminiscencias, MS., 37-9, tells us that Joaquin Gomez was the com. 
(probably in 1834), and Jos6 Antonio Romero the first majordomo. Figueroa, 
as I have said elsewhere, issued some orders for the formation of arancho for 
the support of the church. St. Pap., Miss, and Colon., MS., ii. 334-5. For 
Sta Cruz there are full inventories in 1S35. Total, $84,334. Sta Cruz, Lib. 
Mision, MS., 1-3; St. Pop., Miss., MS., v. 54. Secularization was deemed com- 
plete on Dec. 1st, at which time $10,576 had been distributed in effects to the 
Ind. Id., ix. 66-7. Ignacio del Valle was to receive a gratuity of $300 for 
his services as com. Id., ix. 69; Sta Cruz, Parroqula, MS., 20. Juan Gon- 
zalez was the maj. of this Pueblo de Figueroa. Savage, Doc, MS., i. 20. 
Nicolas Alviso was the first maj. in charge of Soledad, where he had perhaps 
been com. as well. Dept. St. Pap., Ben. MIL, MS., lxxx. 10. The inventory 
of Aug. showed a total of $47,297. St. Pap., Miss., MS., v. 57. At S. Juan 
Bautista the aggregate value was put down as $138,973, after $8,439 had been 
distrib. to the Ind.; and the debt was only $250. Id., vi. 17-18. Tiburcio 
Castro was the maj. and apparently the com., there being some trouble both 
with the Ind. and the padre. Id., x. 15-16; St. Pap., Miss, and Colon., MS., 
ii. 342-3. 

No secularization was yet attempted at Sta Clara, though many neophytes 
were given licenses of emancipation. Arch. Arzob., MS., v. pt ii. 14; Vallejo, 
Doc, MS., iii. 17. Neither is there any record of secularization at S. Jose. 
In the inventories of July the San Francisco property was valued at $67,227, 
the buildings being $33,969; and there was $7,222 of debt. St. Pap., Miss., 
MS., vi. 19-20; Vallejo, Doc, MS., xxxi. 220. The inventory is very complete 
in detail. Com. Estudillo, having trouble with P. Gutierrez, was replaced for 
a while by Ignacio del Valle; and Gumecindo Flores took charge in July 
as maj. Sta Cruz, Arch., MS., Ii;- St. Pap., Miss., MS., ix. 63; vi. 19; 
Valle, Lo Pasado, MS., 10. There is nothing about S. Rafael in 1835 except 
a grant of lands at Nicasio to ex-neophytes. Vallejo, Doc. y MS., iii. 29. M. 
G. Vallejo was the com. who secularized S. P. Solano, and appointed 
Antonio Ortega as maj. There was a quarrel with P. Quijas, who went in his 
wrath to live at S. Rafael; and the Ind. were also somewhat troublesome on 
account of their desire to live in their old rancherias. Vallejo resigned in 
Dec. Valh-jo, Doc, MS., iii. 11-12, 40, 45, 47, 57; St. Pap., Miss, and Colon., 
MS., ii. 345; Pinto, Doc, MS., i. 51. The foundation of Sonoma, really a 
part of the secularization of this mission, is noticed elsewhere. 



STATISTICS. 355 

south, to have accepted the new system as the least 
unfavorable that could be hoped for; and to have de- 
voted themselves in good 'faith to the performance of 
their new duties. Their cause was lost; but they had 
made a long fight, and were personally glad to be re- 
lieved of onerous duties; and their prospects were not 
unfavorable for passing their last years in comfort. 
It was unfortunate for the country that the system 
was to be disturbed, and the old controversies were 
to be. to some extent revived. 

The disturbance was to come from Mexico, where 
radical changes in the form of government were ef- 
fected in 1835, centralism as interpreted by the am- 
bitious dictator, Santa Anna, gaining a victory over 
federalism. This change, requiring but mere men- 
tion for my present purpose, was in its general aspects 
favorable to the church and to the friars; and one of 
its immediate results was the passage by the congreso 
constituyente on November 7th, of the following de- 
cree: "Until the curates mentioned in article 2 of the 
law of August 17, 1833, shall have taken possession, 
the government will suspend the execution of the 
other articles, and will maintain things in the state in 
which they were before the said law was made." 17 
This decree, practically repealing the secularization 
law, and sure if enforced to create greater confusion 
in the management of the missions than had ever ex- 
isted before, was not known in California until after 
the end of 1835, and therefore a presentation of its 
effects belongs to the next half-decade of mission an- 
nals. 

Regular mission statistics cease almost entirely with 
the secularization in 1834, even for the establishments 
that were not secularized until some years later. Noth- 
ing but occasional, special, and fragmentary reports 
are extant for the period from 1835 to 184G, all ob- 

17 Decree of Nov. 7, 1835, in ArriUaga, Recop. 1835, p. 583-4; IlallccVs 
Report, 154; Jones' Report, 03; Hayed Mission Book, i. 232-3. 



3j6 MISSION AND INDIAN AFFAIRS. 

tai liable data from which reports I shall give from 
time to time as occasion may require. Therefore I 
deem it best to present here for the period of four 
years a statistical statement like that which I have 
before appended to the annals of each decade. It is 
not, however, likely that the reports were as carefully 
made during the last few years as for earlier periods. 
Most of the padres were careless in the matter, and a 
few probably misrepresented the condition of their 
missions in respect of agriculture and live-stock. 

In 1830 there had been 26 missionaries in charge 
of the 21 missions. In 1835 there were still 2G, since 
10 Zacatecanos had come to take the place of the 8 
Fernandinos who died and the two who left the coun- 
try. Only one, Padre Abella, was left of those who 
came before 1800. 

The neophyte population decreased from 18,000 to 
15,000, only one mission, San Luis Rey, showing a 
gain. San Luis had still the largest population, and 
as to the smallest there was close rivalry between 
San Carlos and San Francisco. San Rafael showed 
the largest percentage of loss, but the figures in this 
case are not reliable, Santa Clara and Santa Cruz 
coming next. Baptisms numbered 3,500, an average 
of 875 against 1,300 for the past decade. Solano had 
the largest number, 555, followed by San Jose with 
414 and San Luis Rey with 385; while Santa Cruz 
had only 23, and San Francisco perhaps less. Deaths 
numbered 4,250, an average of 1,062 against 1,445 
for the past decade, San Jose having the largest num- 
ber, 659, and San Francisco the smallest, 36. 

In cattle there was a loss of 16,000 head, from 156,- 
000 to 140,000; though 10 missions showed again, 
chiefly in the north. Horses decreased from 16,600 
to 12,000; though 8 missions gained. Sheep de- 
creased from 150,000 to 130,000, there beino* a gain 
in 8 missions. San Luis Rey still led in cattle and 
sheep, closely followed by San Jose and Santa Clara. 
The average yield of grain crops decreased from 57,- 



SEASONSr-PESTILENCE. 357 

500 fanegas to 32,700 fanegas per year, or more than 
40 per cent. Solano and San Jose were the only 
missions that gained in their average ; while the larg- 
est loss was 73 per cent at San Juan Capistrano. 
The best total crop was 40,000 fanegas in 1831, and 
the worst was 25,000 fanegas in 1833. 

For this period of four years I may say, as I have 
said of the last decade, that the losses in the different 
branches represented in the statistics obtainable are 
much less than would be expected from what is known 
of the current mission history; but, as I have already 
warned the reader, these statistics are much less reli- 
able than those of former years. 

I find no evidence that there occurred in the years 
1831-5 any noticeable season of flood or drought; 
though both have been rather vaguely ascribed to 
that period by newspaper writers, who founded their 
statements ostensibly on the recollections of old resi- 
dents. As there is no agreement on the subject, the 
statements are not worth particular reference, one of 
the most widely circulated being that of a flood in 
1832 — though a terrible drought is also ascribed to 
the same year — in support of the theory of decennially 
occurring inundations. Memoranda of Thomas O. Lar- 
kin at Monterey show light rains in the autumn of 
1833, heavy rains in February and April 1834, a dry 
spring, with three days' rain after the middle of May, 
and no heavy rains until the last half of December in 
1835. 18 A terrible pestilence, an intermittent fever 
often prevalent in that region, is reported as having 
almost depopulated the whole valleys of the Sacra- 
mento and San Joaquin in 1833. Warner, with Ew- 
ing Young and a party of trappers, passed up the val- 
levs in the autumn of 1832, noting a dense Indian 
population; but in the following summer when the 
party returned the country was strewn with the re- 
mains of the dead wherever a village had stood, and 

18 Larkin in 8. F. Chronicle, March 25, 1S5G, in Vallcjo, Doc, xxxvi. 214. 



358 MISSION AND INDIAN AFFAIRS. 

from the head waters of the Sacramento to Kin^s Riv- 
er only five, living Indians were seen. The trappers 
themselves were attacked by the fever, and some of 
their servants died. There may be something of ex- 
aggeration in this narrative: but there is no reason to 
question the general accuracy of Warner's statement ; 
especially as Vallejo wrote in May of the same year 
that a pestilence, which he supposed to be the small- 
pox, was causing fearful ravages on the northern 
frontiers; and as Edwards in 1837 found on every 
hand abundant and revolting signs of the pestilence, 
which was described to him by Ewing Young from 
personal observation. Young said he saw hundreds 
lying dead in a single rancheria. 19 

The topic of Indian affairs, as distinguished from mis- 
sion annals, or relating mainly to the hostile acts of the 
native gentiles or refugees, assumes no special impor- 
tance in 1831-5, and may be noticed as appropriately 
here as anywhere. Local alarms of minor importance 
and generally unfounded need not be mentioned at all 
in this connection, nor the constant but petty depre- 
dations of prowling thieves on live-stock from one end 
of the territory to the other. In 1833, from Febru- 
ary to June, there was an excitement in the San 
Diego district consequent upon the reported plan of 
the neophytes to unite with the gentiles and seize the 
mission property. There was some evidence that in- 
vitations had been sent to the different missions; and 
that El Cajon was the rendezvous from which the at- 
tack was to be made the 20th of June. It was also 
rumored that the movement had a political significance, 
being intended to support Echeandia's views respect- 

19 Warner in Los Angeles Star, 1S74; Hayes' Legal Hist. S. Diego, i. 34-7 J 
Tuba Co., Hist., 24. Day in Hesperian, ii. 2; May 18th, Vallejo to coman- 
dantes, etc., in Vallejo, Doc, MS., iii. 32; Edwards' Diary, MS., 27. Vallejo 
says the contagion came first from the northern English settlements and later 
from Ross. He recommends vaccination and other precautions. The travel- 
ler from whom the account in the Hesperian was taken may have been War- 
ner or another of his party. 



INDIAN; HOSTILITIES. 359 

ino: the distribution of mission lands. After much 
correspondence between the governor and local au- 
thorities, including calls upon the coinandantes and 
alcaldes for aid, a small force was sent to El Cajon 
under corporal Gonzalez to seize Tajochi and other 
ringleaders. No resistance was made, the Yuma al- 
lies, if there had been any such, having run away. 
Tajochi was sentenced after trial to two years of pub- 
lic work, and three of his associates received shorter 
terms of punishment. The political element was per- 
haps imaginary; and it is not impossible that the plot 
for a general revolt was equally so. 20 Palomares and 
Bojorges, old Indian-fighters, mention rather vaguely 
some expeditions from San Jose out into the valleys 
the same year, in one of which the name Calaveras 
was applied to a battle-field on which thirty unburied 
bodies of the foe were left. This is partially confirmed 
by a report in the archives of an expedition by Regi- 
clor Peralta from San Jose, in which he killed twenty- 
two Moquelumnes in November. 21 

Complaints were frequent of depredations commit- 
ted near each of the southern missions in 1834, and 
especially at San Gabriel. The Indians went so far 
as to steal the holy vessels used at the rancho of San 
Bernardino, and to hold Padre Estenega as prisoner 
for a while when he went there to protest. Lieuten- 
ant Araujo and others connected with the Hijar col- 
only were supposed to be in some way implicated in 
the troubles here, referred to in current correspond- 
ence as a ' revolt,' in which four or five Indians seem 
to have been killed. 22 This was in October, and at 
the end of December San Bernardino was attacked 

20 I)ept. St. Pap., MS., iii. 80, 117-23; Id., Ben. Mil, lxxv. 5-8; lxxix. 
13-14; Id., Ben. Pre/, y Juzg., v. 39; Id., Aug., i. 99-100; xi. 3, 9. 

21 Palomares, Mem., MS., 32-8; Bojorges, Recuerdoa, MS., 9-11; Do.pt. 
St. P'i]>., Ben. Pre/, y Juzg., MS., i. 15, v. 45; S. Jost, Arch., MS., v. 27. 
Peralta met Joaquin Joven (Ewing Young) and his cattle-thieves, also a party 
of Frenchmen. 

3i Dept. St. Pap., MS., iii. 175-205; Id., Ben. Mil., lxxxviii. 14-17. An 
expedition against the ivivajos by citizens of Los Angeles is mentioned in 
January. Id., Aug., i. 139, 141. 



3C0 MISSION AND INDIAN AFFAIRS. 

again, the buildings were sacked and burned, and sev- 
eral persons. killed, wounded, or captured, the surviv- 
ors taking refuse at San Gabriel or the other ranches. 
The excitement was great in January and February; 
but the records afford but slight information about 
details or results. 23 The campaigns of Vallejo and 
Figueroa in the north, and their bloody battles with 
the fierce Satiyomes near Santa Rosa, which must 
have occurred in 1834 if at all, I have noticed else- 
where, expressing my opinion that, if not purely im- 
aginaiy, these events as related by several writers 
were grossly exaggerated. 24 I may also allude to the 
hostilities said to have accompanied the founding of 
Sonoma with like incredulity. 

In 1835 Vallejo seems to have marched northward 
from Sonoma to aid the chief, Solano, in reducing the 
rebellious Yolos. 25 He had in view also an expedition 
to the Tulares in July; but it was given up. 26 Rob- 
bers from the Tulares gave great trouble at San Jose 
and the adjoining region; and it appears that the 
citizens became somewhat too fond of making raids in 
that direction, and were apt to make no distinction 
between horse-thieves and inoffensive women and 
children. Figueroa was obliged to issue strict orders 
to prevent outrages. 27 The native inhabitants of San 
Nicolas Island in the Santa Barbara Channel are said 



23 Dept. St. Pap., MS., iv. 1-3; St. Pap., Sac, MS., xii. 6-8, being reports 
to Figueroa with calls for aid. This and other similar events will be noticed 
somewhat more fully in local annals. 

21 See chap. ix. of this vol. The writers who narrate this affair are there 
named. I may be in error; but I do not believe that such an event, especial- 
ly as it involved the death of a dozen soldiers, could have occurred without 
leaving some slight trace in the archives. The killing of even a single soldier 
in an Indian fight of those days was a very startling event. 

a3 Vallejo, Report on County Names, 1850, p. 532, in Cal., Journal of Sena'c, 
1 850. Charles Brown claims to have accompanied an expedition apparently 
identical with this. He says the force consisted of GO Californians, 22 foreign- 
ers, and 200 Indians, lasting nearly thrue weeks in the rainy season. 100 
captives were taken, and some acts of fiendish barbarity were committed by 
Solano and his men. Narrator was wounded. 

20 Valh j<>, hoc, MS., iii. 55, 59. Letter of Vallejo and Figueroa. 

7:1 De.pt. St. Pap., 8. Jose, MS., iv. 104-5. Osio, Hist. Cal., MS., 244-0, 
is disposed to blame Figueroa for his leniency toward Indians, which to some 
extent accounted for their depredations. 



NATIVE MARAUDERS. 361 

to have been removed in 1835 to the main, with the 
exception of one woman, who was found and brought 
over eighteen years later. 28 At San Luis Rey a plot 
was revealed to capture no less a personage than the 
governor when he should arrive from the north. An 
examination of arrested plotters in April indicated, 
however, nothing more serious than a design to protest 
against the granting of Temecula rancho, which the 
Indians claimed as their own property. 29 

While Indian hostilities were thus for the most 
part trifling as recorded, yet in one phase of the sub- 
ject they were much more serious than could be made 
to appear from a series of petty local items, even if all 
those items were extant, which is far from being the 
case. The constant depredations of renegade neo- 
phytes, in alliance with gentile bands, and. instigated 
by New Mexican vagabond traders and foreign hunt- 
ers, kept the country in a state of chronic disquietude 
in these and later years, being the most serious obsta- 
cle to progress and prosperity. Murders of gente de 
razon were of comparatively rare occurrence, but in 
other respects the scourge was similar to that of the 
Apache ravages in Sonora and Chihuahua. Over a 
large extent of country the Indians lived mainly on 
the flesh of stolen horses, and cattle were killed for 
their hides when money to buy liquor could not be 
less laboriously obtained by the sale of other stolen 
articles. The presence of the neophytes and their 
intimate relations with other inhabitants doubtless 
tended to prevent general attacks and bloody massa- 
cres, as any plot was sure to be revealed by some- 
body; but they also rendered it wellnigh impossible 
to break up the complicated and destructive system 
of robbery. Far be it from me to blame the Ind- 
ians for their conduct; for there was little in their 



28 Nidever's Life and Adventure*, MS., 68-72. Sparks and Williams were 
among the men who removed the Indians in lS3o t as they stated to Nidever, 
who himself found the woman in 1853. 

29 Dtp.. St. Pup., Ben. Mil, MS., lxxx. 13-19. 



3G2 MISSION AXD INDIAN AFFAIRS. 

past training or present treatment by white men to 
encourage .honest industry. 30 

30 Davis, Glimpses of the Past, MS., 282-9, relates at some length the ex- 
ploits of Estanislao and Yoscolo, two ex-neophyte chiefs. Yoscolo made a 
revolt at Sta Clara, seized 200 Indian girls from the nunnery, took large num- 
bers of cattle, and went to the Mariposa region to join Estanislao, who had 
run away before. Vallejo made an expedition against them, but was outgen- 
eralled by the Indians. Later Yoscolo made another successful raid on the 
missions, and retired with his force to the Sta Cruz mountains, where he was 
soon defeated after a hard battle, and his head exhibited on a pole at Sta 
Clara. There is much confusion evidently in the events thus outlined; but 
there is probably some foundation of fact besides what is recorded in a pre- 
vious chapter about Estanislao and Vail e jo's campaign. 



CHAPTER XIII. 

MARITIME, COMMERCIAL, AND FINANCIAL AFFAIRS. 

1831-1835. 

Annual Lists of Vessels on the Coast — Revenue Statistics — Smug- 
gling Items — Seizure of the 'Lorjot' — Commercial Regulations — 
Victoria and Bandini — Contraband — Ports — Bandini and Angel 
Ramirez — A Disappointed 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 Correspond- 
ence — Statistics — Municipal Funds — Taxation — Tithes — Plan of 
Ways and Means — Alphabetical List of Vessels. 

Nineteen vessels were on the coast in 1831, in- 
cluding one launched this year from a California port, 
most of them laden with goods from different lands, 
chiefly from Boston, to be exchanged in the regular 
way for hides and tallow. 1 Respecting the fleet of 
this year, as to a great extent of most others at this 
period, we have to content ourselves with the vessels' 
names, those of their officers in most cases, and various 
items of destination, nationality, tonnage, cargo, and 
dates, collected from many sources and embodied as 

1 See list for 1831-5 in this chapter. Vessels of 1831: Ayacucho, Baikal, 
California, Catalina, Convoy, Dryad, Eliza, Fanny, Fibian, Globe (?), Guada- 
lupe, Harriet, Leonor, Louisa, Marcus, Margarita, Pocahontas, Urup, Vol- 
unteer, Whalehound (?), and Wm Little. The Guadalupe was a schooner of 6 
tons, framed by Joseph Chapman at S. Gabriel, hauled in carts to S. Pedro, 
where she was put together and launched. Robinson, Life in Cal., 100, was 
present at the launching, and describes her as the second vessel built in Cal. 
Warner, Iiemin., MS., G3-7, says she was built in 1831-2 for Wolfskill, 
Yount, and other otter-hunters. He calls her the Refugio. 

Customs revenue at S. Francisco for 8 months in 1831, 82,419. Unzneta, 
Informe, doc. 9. Revenue at S. Diego, June 1830 to June 1831, 
Mexico, Mem. Hacienda, 1832, doc. 3; Prieto, Itentas, 204, doc. 2. 

(3G3) 



364 MARITIME, COMMERCIAL, AXD FINANCIAL AFFAIRS. 

before in a list note. What adventures the traders 
had, if any; what obstacles they encountered; what 
goods they smuggled; what duties they paid; what 
profits they gained — must be left to the imagination. 
There is nothing to indicate that they had any es- 
pecial difficulty in obtaining cargoes on account of the 
current political disturbances, or that controversies on 
commercial topics arose with Victoria. 

The fleet of 1832 numbered twenty- four vessels, of 
which four were old acquaintances, seven were whalers, 
and five doubtful names from the lists of Spence and 
Hayes. 2 In several respects available items about 
these vessels are even less complete than before ; but 
a few of these items, in the absence of maritime top- 
ics more exciting, may be noticed as follows: The 
Pocahontas carried away the exiled governor, Victoria, 
with some companions in misfortune, including Padre 
Peyri. . The Waverly brought padres Bachelot and 
Short, who had been exiled by protestant influence 
from the Hawaiian Islands, and who spent several 
years in California as already related. Captain Sum- 
ner on touching at Santa Barbara for water was ar- 
rested with his officers, and his vessel put under a 
guard; but investigation revealing no cause of suspi- 
cion, he was permitted to sail after a few T days. The 
Newcastle brought Thomas 0. Larkin as a passenger, 
and from this year a resident. The whaler Wm 
TJbompson, after obtaining fresh supplies at San Fran- 
cisco, came back into port a few days after sailing with 
a part of her crew in a state of mutiny. By order 
of General Zamorano, aid was rendered to restore 
obedience; the mutineers were put in irons'; and four 
deserters from another vessel were added to the crew ; 
but the territorial treasury could not bear the expense 

2 Vessels of 1832: American, Anchorite, Ayacucho, Balance, Bolivar, Cal- 
ifornia, Chalcedony, Crusader, Don Quixote (?), Friend, Josephine (?), Jdrrn 
Victoriano, Newcastle, Plant, Phozbe {1), Pocahontas, Roxana, Singapartan, 
SpyWt Tranquilina, Urup, Victoria (?), Waverly, and Wm Thomj)son. 

Customs revenue at S. Francisco for the year ending June 30, 1S32, §30 (?). 
Prieto Rentas, 204, doe. 2. 



FLEET, OF 1S33. 365 

of sending: the criminals to San Bias, as was desired 
by the captain. Finally the Bolivar, under a permit 
to purchase horses for coin at San Francisco by pay- 
ing tonnage dues, managed to smuggle goods to the 
amount of §10,000, Padre Viader of Santa Clara be- 
ing the purchaser, if we may credit the charges of 
Alferez Vallejo. 

There were thirty-one vessels in the fleet of 1833, 
including six whalers and five doubtful names. 3 The 
Catalina, a Mexican brig, brought from Cape San Lu- 
cas in January Figueroa, the new governor, and the 
ten padres Zacatecanos, carrying away in May Ex- 
governor Echeandia, Congressman Juan Bandini, and 
Captain Barroso. The Facio brought Don Juan Fors- 
ter on his first visit to California, and also brought 
the news that Gomez Pedraza had occupied the pres- 
idential chair. The Volunteer on approaching San 
Francisco defeated in a race the Ayacucho, thought 
to be the fastest sailer on the coast. So states Davis, 
who was on the Volunteer; and the same writer re- 
cords the festivities attending the marriage of Thomas 
0. Larkin on board the same vessel at Santa Barbara. 
This bark also brought reports of a privateer on the 
coast with hostile intent, but nothing came of it. 
The only other vessel requiring special mention was 
the Loriot, which, by reason of alleged otter-catching 
and other smuggling operations, was seized at San 
Francisco in September by Alferez Sanchez. The 
sails were put on shore to prevent flight, but the rud- 
der could not be removed. The cargo was transferred 
by water from the Yerba Buena anchorage to the 
presidio landing, and thence, as rapidly as one small 
cart could carry it, to Vallejo's house, where Super- 
cargo Thompson was at first confined. Soon he was 
released on bail, with John Reed on the bond, and in 

'Vessels of 1833: Alert [t), Ayacucho, Bailcal, Barnstable (?), Bolivar (?), 
California, Catalina, Chalcedony, Charles Eyes, Crusader, Don Quixote, Dryad, 
Enriqueta^.), Facio, Fukeja, Friends, General Jackson, Harriet Blanchard, 
Ilclvetius, Isabel, Kitty, Lagoda, Leonidus (?), Leonor, Loriot, Margarita, 
North America, Polifemo, Iloxana, Sta Barbara, Volunteer. 



3G6 MARITIME, COMMERCIAL, AND FINANCIAL AFFAIRS. 

November, after Judge Jose Antonio Carrillo at Los 
Angeles had considered the case, both captain and 
vessel were permitted to depart, John C. Jones hav- 
ing given bonds for submission to the results of a sub- 
sequent trial. Of final results nothing is known. 
Jones, owner of several of the vessels trading at this 
time from Honolulu, was United States consul for 
the Hawaiian Islands. 

Thirty-two vessels are named as being in Cali- 
fornia ports in 1834/ a year in which the hide-and- 
tallow trade was more brisk than usual, in consequence 
perhaps of the unwonted slaughter of mission cattle. 
Items of revenue as given in my note are somewhat 
less incomplete than in previous years; 5 and for many 
of the vessels there are records of the number of 
hides and the botas of tallow taken away from differ- 
ent ports, indicating that there was but little difficulty 
in obtaining cargoes this year. The coming of the 
colony on the Natalia and Morelos has been noted 
elsewhere; as have the wreck of the former vessel at 
Monterey, and the tradition of her identity with the 
craft that took Napoleon from Elba; and I find no 
circumstances connected with the presence of other 
vessels of the year that call for special notice. 

The fleet of 1835 consisted of twenty-three vessels, 
besides nine doubtfully recorded, most of them in 
David Spence's list. 6 Custom-house records are com- 

4 Vessels of 1834: Avon, Ayacucho, Bonanza (?), By Chance, California, 
Clarlta (?), Crusader, Don Quixote, Europe (?), Facio (?), Feighton (?), Jdven 
Dorotea, Lagoda, Leonor, Llama, Loriot, Magruder, Margarita, Martha, 
Morelos, Natalia, Pacifico, Peor es Nada, Polifemia, Pulga (?), Refugio, 
Rosa, South Carolina, Steriton, Tansuero (?), Wrap, WmSye. 

5 Miscellaneous items of revenue not belonging to particular vessels: Re- 
ceipts at the Monterey custom-house, July-Dec. 1834, $28,531; expenses, 
$2,270; balance paid to comisarfa. Dept. St. Pap., Ben. Cust.-IF., MS., vii. 
[399-07]. Receipts June 30, 1833, to June 30, 1834, $50,109. Prieto, Rentas, 
p. 204, doc. 2-3. About 1834 the exports from S. Pedro were over 100,000 
hides and 2,500 quintals of tallow. Mofras, Explor., i. 362. 

Vessels of 1835 — see list of 1831-5 at end of this chapter: Alert, Avon, Aya- 
cucho, Bolivar, California, Catcdina, Clementina, Clementine, Diana, Facio, 
Framen (?), Gauge, Oarrajilia, Iolani, Juan Jose (?), Lagoda, Leon{'i), Leonor, 
Liverpool Packet, Loriot, Margarita, Mariquita, Maria Teresa^.), Matador{l), 
P