ttENERAL LIBKABY
OF THE
PARK CHURCH
ELMIRA, 1ST . Y.
ALLEN COUNTY PUBLIC LIBRARY
3 1833 02303 5154
uc: 979.4 B22h v. 3
Bancroft ■> Hubert Howe,
History of California
M, Uj
REFERENCE
AMERICANA COLLECTION
THE WORKS
Of
HUBERT HOWE BANCROFT.
THE WORKS
HUBERT HOWE BANCROFT.
VOLUME XX.
HISTORY OF CALIFORNIA.
Vol. III. 1825-1840.
SAN FRANCISCO :
A. L. BANCROFT & COMPANY, PUBLISHERS.
1885.
Allen County Public uoimj
900 Webster Street
P0 Box 2270
fat Wayne, IN 46801-2270
Entered according to Act of Congress in the fear L885, bj
HUBERT H. BANCROFT,
in the Office of the Librarian of Congress, at Washington.
All Rights Rest rved.
K
^
CONTENTS OF THIS YOLUME.
CHAPTER I. 1^1dDC?l)
A TERRITORY OF TIIE MEXICAN REPUBLIC.
1S25.
PAGE
Ratification of the Federal Constitution — Junta de Californias in Mexico
— Compania Asi&tico-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 Eamirez-*-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
Constants — Morrell's Visit and Book — Commerce — Foreign Resi-
dents — A Rainy Season 1
CHAPTER II.
echeandia's rule— political affairs.
1826-1830.
National Measures, 1826 — Junta de Fomento — Echeandia at San Diego —
Guerra for Congress, 1827-S — Colonization Regulations of 1828 — Ter-
ritorial Diputacion, 1827— Proposed Change of Name— Echeandia in
the North— Diputacion, 1828-30— Election— Mai torena 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 1S31-2—
Expulsion of Spaniards, 1827-30— List of Spanish Residents— Eche-
andia's Appeals for Aid— His Resignation— Appointment of Antonio
Garcia — The Californias Separated — Manuel Victoria Appointed
Governor 31
CHAPTER III.
ECIIEANDIA AND UERRERA — FINANCE — THE SOLIS REVOLT.
1S26-1830.
Hard -times Items — Aid from Mexico — The Revenues — Comisario and
llabilitados — Secret Investigation —Suspension and Resignation —
Estrada, Vallejo, and Jimeno Casarin as Administrators— Revolt of
CONTENTS.
PAGE
1S28— Revolt of 1S29— 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
CHAPTER IV.
ECHEANDIA AND THE PADRES— MISSION AND INDIAN AEFAIRS.
1826-1830.
Mission Prefect and Presidents — The Question of Supplies — The Oath of
Allegiance — Sarria's Arrest — Friars Still Masters of the Situation —
Council at San Diego — Southern Padres Willing — Northern Padres
Refuse — Flight of Ripoll and Altimira — The Friars as Spaniards —
Echeandia's Conciliatory Policy — Petitions of the People — Exile of
Martinez — Progress towards Secularization — Mexican Policy — Diffi-
culties — Junta of April 1826 — Decree of July — Experimental Free-
dom — Mission Schools and Lands — Plan of 1829-30 — Approval of the
Diputacion — Action in Mexico — Indian Affairs -Sanchez's Expedi-
tion — Vallejo's Campaign against Estauislao — Northern Fort — Sea-
sons S7
CHAPTER V.
ECHEANDIA'S RULE — MARITIME AND COMMERCIAL AFFAIRS.
1S26-1830.
Vsssels of 1826 — Revenue Rules — Hartnell's Business — Hawaiian Flag —
Cooper and the Rover — Lawsuit with Argiiello— Beechey's Visit in
the Blossom — Books Resulting — Trading Fleet of 1827 — Reglamentos
on Liquors and Live-stock — Embarrassment of McCulloch, Hartnell,
& Co. — Cunningham at Santa Catalina — Visit of Duhaut-Cilly and
Botta — Maritime Affairs of 1S28 — Restrictions — Smuggling — Affair
of the Franklin — Cannon-balls — Affair of the Karimoko — Vessels of
1S29— Custom-house — Arrival of the Broohline — 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 U<5
CHAPTER VI.
OVERLAND— SMITH AND PATTIE— FOREIGNERS.
1826-1830.
The Eastern Frontier — The Trappers — First Visitors by the Overland
Route — Jedediah Smith, 1826-8 — Errors Corrected — Original Docu-
ments—The Sierra Nevada Crossed and Re-crossed — First Entry of
CONTENTS. ix
the Hudson's Bay Company— McLeocl and Ogden — Pattie's Visit and
Imprisonment, 182S-30— Flint's Narrative— Truth and Fiction— A
Tour of Vaccination — ' Peg-leg ' Smith — Trapping License of Extcr
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 OP VICTORIA.
1831.
Appointment of Victoria— Arrival— Echeand fa'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— Jos6 M. Padres Banished— Plots
of Carrillo, Bandini, and Pico — Pronunciamiento of San Diego —
Echeandia in Command — Angeles Revolts — Fight near Cahueuga —
Death of Pacheco and Avila — Victoria Sent to San Bias — Rodrigo
del Pliego— Action in the North— Carrillo 's Efforts in Congress 1S1
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 tho
.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 216
CHAPTER IX.
FIGUEROA's RULE — III.TAR AND PADRES COLON V.
L833-1834.
Arrival of Figueroa — Primitive Printing— Imaginary Difficulties— Am-
nesty to Rebels — Echeandia and Zamorano— Biography of Echeandia
CONTENTS.
PAGE
— Bandini Elected to Congress — No Sessions of the Diputacion in
1833 — The Northern Frontier — Figueroa Resigns — A Warning —
Mutiny at San Francisco — The 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
Padres and his Schemes — Colonization — Hijar as Gefe Politico —
Colony Organized — Compaiifa 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 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 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 Padre's —
Figueroa's Manifiesto — Sessions of the Diputacion — Carrillo in Con-
gress — Los Angeles Made Capital — Foundation of Sonoma — Death of
Figueroa — Life and Character — Castro Gefe Politico — Gutierrez
Comandante General — Estudillo's Claims 270
CHAPTER XI.
MISSIONS AND SECULARIZATION.
1831-1833.
Ecu India's Plan of 1S30 — Decree of 1S31 — The Comisionados — Views'
of the Padres — Carrillo's Efforts in Mexico — The Pious Fund —
Events of 1832 — Diputacion and Friars — Echeandia's Reglatnento —
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
CONTENTS. xi
CHAPTER XII.
MISSION AND INDIAN AFFAIRS.
1834-1S35.
PAGE
Emancipation — Indian Pueblos — The Diputacion — Figueroa's Policy —
Mexican Law of April 1834— Provisional Regulations of August 9th
— Hfjar's Instructions — Their Meaning — The Eeglamento in Practice
— Local E-esults — Ten Missions Secularized — Views of the Padres —
Supplementary Regulations of Nov. 4th — Destruction of Mission
Property by the Friars— Slaughter of Cattle— Stipends in 1835 —
Mission Supplies — Mission Ranchos — Garcia Diego's Suggestions —
Local Items of 1S35 — Six Missions Secularized — The Fernandinos
Content — Mexican Decree of Nov. 9th — Mission Statistics, 1S31-5 —
Seasons — Pestilence — Indian Affairs, 1831-5 339
CHAPTER XIII.
MARITIME, COMMERCIAL, AND FINANCIAL AFFAIRS.
1S31-1S35.
Annual Lists of Vessels on the Coast — Revenue Statistics — Smuggling
Items — Seizure of theLoriol — Commercial Regulations — Victoria and
Bandini — Contraband — Ports — Bandini and Angel Ramirez — A Dis-
appointed Inspector of Customs — Fur Trade — Salt — Abel Stearns'
Operations at San Pedro — Treasury Officials — Comisarios — Bandini,
Gomez, Gonzalez, Estrada, and Herrera — Minor Revenue Officers —
Local Items — Financial Correspondence — Statistics — Municipal
Funds — Taxation — Tithes — Plan of Ways and Means — Alphabetical
List of Vessels 3G3
CHAPTER XIV.
PIONEERS AND FOREIGN RELATIONS.
1S31-1S35.
Overland Immigration — New Mexican Route — Wolfskill's Party — Yount
and Burton — Jackson's Company — "Warner — Ewing Young's Second
Visit — Carson, Williams, Sparks, and Dye — Graham and Leese —
Across the Sierra — Captain Joe Walker — Nidever — 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-eomers of Each Year— Alpha-
betical Lists — Douglas the Botanist — Thomas Coulti Mori-
neau's Memoir — Visit of Hall J. Kelley — John Coulter's Lies — Dana's
Two Years Before the Mast
xii CONTENTS.
CHAPTER XV.
RULE OF GUTIERREZ AND CHICO.
1S36.
PAG^J
Castro Transfers the Gefatura to Gutierrez — A Quiet Rule — Centralist
Precautions — The Capital — Vigilance Committee at Los Angeles —
Shooting of a Man and "Woman — Bandini's Plan at San Diego — Ap-
pointment and Arrival of Governor Chico — Inaugural Address — ■
Swearing of the Bases — Chico's Orders — Address — Sessions of the
Junta Departamental — Agent for Mexico — Chico in the South — Be-
ginning of Troubles — Californian Views of Chico's Character — Dofia
Cruz, the Governor's Mistress — Feeling of Foreigners — Chico and
Stearns — Revolution Planned — Results of the Vigilantes — Chico and
Duran — Amours of Castafiares and Dona Ildefonsa — Chico and Es-
trada — Excitement at the Capital — Chico Leaves the Country 414
CHAPTER XVI.
GUTIERREZ, CASTRO, AND ALVARADO— REVOLUTION.
1836.
Second Rule of Gutierrez — His Policy and Character — 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 Eiflemen — Siege
of Monterey — Documentary Record — Surrender — The Mexicans
Exiled — Biography — Gutierrez — Castillo Negrete — Herrera — Muhoz
Navarrete— The Estradas — Pule 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 Regime — Affairs in the North 445
CHAPTER XVIL
ALVARADO'S RULE — TROUBLES IN THE SOUTH.
1836-1837.
Causes of Southern Opposition — Sectional, Local, and Personal Prejudice
■ — The News at Angeles — San Diego Aroused — Plan of November —
Counter-plan of Santa Barbara — New Ayuntamientos and New Plan
— Letters of Prominent Men — Castillo Negrete — Osio — Bandini— Pio
Pico — Carlos Carrillo — Alvarado in the South — The Barbarefios Sub-
mit — Angcliuos Obstinate— Dicguinos Patriotic but not Warlike —
Defensive Measures — Campaign and Treaty of San Fernando — Alva-
rado at Los Angeles — Castro's Arrival— Another Plan — Speeches —
Fears of Attack from Sonora — Castro at San Diego — Diputacion Sus-
tains Alvarado — Plan dc Gobicrno — Intrigues of Osio and Pico — Los
Angeles Submits — Governor's Manifiesto of May — Return to Monte-
rey — Events in the North, January to May 478
CONTEXTS. xiii
CHAPTER XVIII,
BAN DIEGO 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 to the Constitutional Laws — His Mo-
tives — Diputacion at Santa Barbara — Castillero Sent to Mexico —
The California — Vallejo Refuses to Accept Centralism — Carlos Car-
rillo's Appointment — Alvarado's Position — Carrillo Assumes Office
at Angeles — San Diego Obedient — Not so Sta Barbara — Letters of
Vallejo and Alvarado , 515
CHAPTER XIX.
DON JUAN BAUTISTA AND DON CARLOS.
1S38.
Don Carlos Closes Northern Ports — Sends for Mexican Troops — Castro's
Plan — A Spurious Appointment — Carrillo's Letters — Military Prepa-
rations — Castaheda 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-
jefios Despondent — Arribenos Triumphant — Re-arrest of Canillos 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 Fiance — Jimeno Acting Governor — Alvarado Married
by Proxy — Arrival of the California — Alvarado Appointed Governor
— Cosme Pena — Castaneda Sent to Mexico— Annals of 1S40 — Sessions
of the Junta Departamental — Tribunal de Justicia — Monterey the
Capital — Conspiracy of Carrillo and Gonzalez 579
CONTENTS.
CHAPTER XXI.
LOCAL ANNALS OF SAN DIEGO DISTRICT.
1831-1840.
PAGE
Military Commandants — Decrease and Disappearance of the Presidial
Organization — Fort and Other Buildings — Population — Private Ran-
chos — Summary of Events — Politics and Indian Depredations —
Treasure on the Colorado — Civil Government — Ayuntamiento —
Criminal Record — San Diego Mission — Padre Martin — Statistics —
Secularization — Ortega as Administrator — San Luis Rey — Padre
Peyri — A Prosperous Mission — Slaughter of Cattle — Chronologic
Happenings — Pio Pico in Charge — Hartnell's Investigation — Mission
Ranchos — San Juan Capistrano — Statistical View — Annals of Eman-
cipation — Administration of the Argiiellos — The Ex-neophyte Pue-
blos of San Juan, San Dieguito, Las Flores, and San Pascual 608
CHAPTER XXII.
LOCAL ANNALS OF LOS ANGELES DISTRICT.
1831-1840.
A Centre of Political Agitation — Chronologic Summaiy 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 — Peiia, 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 6i
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 Suiier, 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. . . . G49
CONTENTS.
CHAPTER XXIV.
LOCAL ANNALS OF MONTEREY DISTRICT,
1S31-1S40.
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 —
San Miguel — Padre Juan Cabot — Population and Property — San
Antonio — Secularization — Mercado's Complaints — Hartnell's Inspec-
tion — La Soledad — Padre Sarria — Inventories of Live-stock and
Crops — San Juan Bautista or San Juan de Castro — Padres and Neo-
phytes — Mission Estate — Emancipation of the Indians — Pueblo and
Capital of the District — Santa Cruz, or Pueblo de Figueroa — Villa
de Branciforte '. G67
CHAPTER XXV.
LOCAL ANNALS OF SAN FRANCISCO DISTRICT.
1831-1840.
Gain in Population — Number of Inhabitants in California, North and
South — Summary of San Francisco Events — -Military Affairs — Com-
pany Transferred to Sonoma — Pueblo and Ayuntamiento — Granting
of Lots — Later Litigation — Growth of Yerba Buena — Richardson,
Leese, and Spear — Private Ranchos of the District — San Francisco
Mission — San Rafael — Padre 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 Jose" de Guadalupe de Alvarado — Population — Municipal
Affairs and List of Officials — Summary of Events G9S
Pioneer Register and Index. 'Fabbol' to 'Hyde' 733
HISTORY OF CALIFORNIA.
CHAPTER I.
A TERRITORY OF THE MEXICAN REPUBLIC.
1825.
Ratification of the Federal Constitution — Junta de Californias in
Mexico — Compania Asiatico-Mexicana — Sessions of the Diputa-
cion — echeandia appointed governor — transfer of the office
at San Diego— Biography of Don Luis Arguello — Echeaxdia'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-
ran 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 1 830; herein they are completed for another decade,
and the regular thread of political history is followed
to 1840; but the institutional history for 1836-40,
including some important phases of foreign relations, is
necessarily left for the first six chapters of volume iv.
The leading features here presented are the develop-
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 tp-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 Mexicanos, sancionada
for el Cont/rcso General Constituyente el 4 de Octubre de 1SJ4- Mexico, 1S24,
lGmo, 3 1. xviii. 62 p. 21. 3 p. ; with at the end the following: Mexico, Acta
Conxtitutiva de la Federation Mexicana. SI de Enero, 1S24- Mexico, 1S24.
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 Bee., MS., i. 120; Dept St. Pap. An,].,
MS., i. 82-4.
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 beofinnhiGf, for he not only
appointed a ruler, with a superintendent of territorial
finances, but he sent troops, arms, supplies, and even
a little money. I have noticed the lack of any con-
stitutional provision for territorial government; but to
aid the president in this respect a special board, or
council, the 'junta de fomento de Californias,' was or-
ganized. 2
In a note I have given the titles of this junta's re-
ports. Ex-governor Sola was a member, though not
a very prominent one. None of the plans ever at-
tained to the dignity of law, but each had an influence
2 This junta was dissolved at the end of 1827. It had ten members, in
whom there were frequent changes, the following list including all that served
in the order of their appointment: Mariano Bonilla, Pablo V. Sola, Jose Ign.
Ormaechea, Mariano Dominguez, Tomas Salgado, Francisco de P. Tamariz,
Manuel Ibarra, Francisco Cortina, Ignacio Cubas, Juan J. Espinosa de loa
Monteros, Jose Mariano Almanza, Francisco Fagoaga, Alejo Garcia Conde,
Carlos M. Bustamante, Servando Mier, Isidro Icaza, Diego Garcia Conde, Pe-
dro Cardenas, Juan Francisco Azcarate, Tomas Suria, sec'y, Crecenio Suarez,
Bec'y.
The various reports of this body were printed in Mexico, 1827, under the
following title: Junta de Fomento de Californias — Colcccion de los principali %
trabajos en que se ha ocupado le Junta nombrada para- rneditar y proponer al
Supremo Gobierno los medios mas necesarios para promover el pro<jreso de la
cult ura y civilizacion de los territorios de laAlta y de la Baja I 'alifomia. Auo
de 1827. This collection includes the following documents: Dictdmen que <lid
la Junta, etc., sobre las instrucciones que para el Gej'e superior Politico. Dated
Jan. 3, 1823. 1G pages, 8vo; Plan para el Arreglo de las Misionesde los A rri-
torios de la Alta y de la Baja California. Aprii 6, 1825, 11 p. ; Plande Colon-
ization Estrangera (subtitle — Ueglamento d que debe sujetarse la colonization,
etc.), dated April 24, 1S25, 8 p., with a diagram; Plan de Colonization de
Nacionales para los territorios, etc. (subtitle — Rajlamento para la colonisa-
tion por familias de los Estados Federados de Mexico, en los territorios de
Californias), dated May 30, 1S25, 18 p., 3 sheets, with a diagram; Plan Polit-
ico Mercantil para <i mas pronto Fomento de las Californias, including 1 it,
Correspondence Feb. -July 1825; 2d, Proyecto para el Establt cimu nto di \na
compnuiade comer cio directo con el Asia y mar Pacijico, cuyopunta a ntrico ■ ' be
eer Monterey, capital de la Alta California, lacualaerdconocida baja el no
de Compania Asidtico- Mericana, Protectoradt I Form nto de 1 1 P< ninmla d< ' ' '-
ifornias. Presented to the president by its author, Francisco de Paula Ta mam,
Dec. 14, 1825, 14 p.; 3d, Proyecto de Eeglamento en Grande para el Esta
mientode la Compania A&idtico-Mexicaua. Dec. 14, 1S25, 18p. (numbered 24);
Iniciativa de Ley que propone la Junta para el mejor arreglo del gobierno <
territorios de •■Californias. Dated May 12, 1S27; including a Subdivisi
los territorios de laAlta y de la Baja California en cuatro distritos, <>t June •-''>,
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,
arc 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 Californias, and therefore not in-
cluded in the general regulations which applied to all
Mexican territory. It was proposed not only to grant
lands to Mexican colonists, but to pay the expenses of
their journey, a daily ration and monthly sum of three
or four dollars to each family for three years, besides
furnishing live-stock and tools; or in case the settler
were not a farmer, he was to receive expenses of the
journey, necessary tools, a house lot, and rations for one
year. This aid it was thought might be furnished
without burden to the treasury, by utilizing the ac-
cumulations of mission capital. It was deemed desir-
able to favor settlements on the coast islands; and to
set apart one of them as a penal colony, not for Mexico,
but for California. 5
Another scheme of the junta, though pertaining to
commerce, may as well be mentioned here, since it
never went into practical effect. It was a politico-
mercantile plan for the organization of a Compania
"Jan. G, 1825, Jose's Argiiello wrote to Captain Gucrra 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 <j noted by Manuel Castanares in an address <>f March 30, L84 i,
to Congress. Castanares, 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 tuanj Liberal and enthusiastic
measures without the slightest idea as to where the money was to come from.
'Fifty years later,' says Alvarado, ' in the bands of energetic men backed by
coin, some of these plans might have proved successful.'
* See chap. ii. tins vol. f or reglamento of 1828.
5 There arc several other items, but as the recommendations wen n< ver
adopted, it seems unnecessary to notice them.
G A TERRITORY OF THE MEXICAN REPUBLIC.
Asi&tico-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 joage. The scheme was a grand one on paper — •
too grand to go any further; for though approved by
the famous junta, and favored apparently by president,
cabinet, and congress, it was never heard of so far as I
know after 1827. 6
In addition to the acts of the president and junta
de fomento, there is nothing to be noted bearing on
my present topic, beyond a few minor routine commu-
nications of the ministers in the different departments,
in one of which the Californians were showered with
flattery, even if they got no more substantial tokens
of attention. 7
6 The reglamento is copied in full by 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 Castauares, 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-
eminent, 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 benem&rito 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 diputados to assemble. The rivers were so
swollen by the rains that the southern members could
not come; but on the 26th of March the four Castros,
with the president and secretary, met to ratify the
new organic law of the nation. The document was
read by Secretary Torre, and the oath was taken by
governor and diputados. Then the constitution was
read again in the plaza, and Arguello administered
the oath to the garrison drawn up under arms, and to
the assembled citizens of all classes. A salute of ar-
tillery, and the usual shouts of acclamation, with ring-
ing of bells, repeated for three days, marked the act;
but for the first time on such an occasion there was no
mass, or sermon, or other religious ceremony, for Pre-
fect Sarria declined to sanction republicanism. On
the 28th of March Arguello forwarded copies of the
constitution to the different presidios and pueblos, at
each of which it was ratified with appropriate cer-
emonies before the end of May. At San Francisco
Padre Estenega conducted the customary religious
services, though it is not certain that he took the
oath. At San Diego, as at Monterey, the padres re-
fused to take any part in the ratification. At other
places there is no record respecting the friars' action.
Thus California become formally a territory of the
Mexican republic. 8
of justice, even in their actual condition.' Mexico, Mem. Justicia, 1S26, p. 0.
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 gefc politico to report on the suspension of the assembly, and to propose
an administrative system. Sup. Govt St. Pap., MS., iii. 9.
s I shall have more to say on the action of the friars. Action of the dip-
utacion March 26 th, vaLeg. 7?ec.,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., \i\ . 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 $3 to each corporal.
Id., xiv. 41-2. April 30th, swearing of allegiance at Los Angeles, where, on
petition of the citizens, the ayuntamicnto, with the approval of the diputados,
Palomares and Carri lo, set at liberty a prisoner, Juan Jose Higuera. Orig-
inal record in Doc. J1U. Cat., MS., iv. 739, 740. May 1st, Comandante Uuiz
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 Miiion, appointed the year before to be
ruler of California, did not accept the position, so
that in January 1825 a new appointment had to be
made. 11
The choice fell upon Lieutenant-colonel Jose Maria
Echeandia, an officer said to have been director of
a college of engineers in Mexico. His appointment
as gefe politico superior and comandante general mili-
tar of both Californias was perhaps dated the 31st of
January. 12 In June he sailed from San Bias to Lo-
describes the ratification at S. Diego, where not only the Franciscans but ap-
parently the Dominican padre Menendez, who chanced to be present, refused
to assist. Estudillo, Doc, MS., i. 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. 116-17. 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 Doc. Hist. C'al., 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. Dipt
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 Miiion 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.
12 His instructions seem to have been issued on that date, St. Pap., Miss,
and Colon., MS., ii. 42, and it was on Feb. 1st that his appointment was an-
nounced by Minister 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 $3,000. DeptSt. 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 ECHEANDIA, 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 Lore to from
June 22d until October, reorganizing peninsular af-
fairs, issuing a reglamento, and appointing a sub gefe
politico. 14 He finally set out for Monterey by land
on October 4th, but, worn out by the hardships of the
route, soon despatched to Argiiello an order to meet
him at San Diego, where he arrived late in October. 15
Meanwhile Argiiello first heard of Echeandfa's
appointment on July 4th by a letter from the latter
dated June 25th, and announcing his arrival at
Loreto en route for the capital. Later in the month,
probably by the Morelos, came the official notice
from Mexico. 16 The order to meet his successor at
San Diego came about the 26tl,i, 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, ls where he turned
over his office in November. Though Argiiello was
doubtless displeased at this innovation on his own
13 In April-May he was at Tepic, and had some trouble about collecting
pay and supplies for his troops. St. Pap., Sac, MS.,x. 27-0. He also asked to
be relieved of the military command. Sup. GovtSt. Pap., MS.,iii. 4. June 7th
he was at Tepic, expecting to sail on the Morelos, a new name fur 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. Dej/t Pec, MS., v. 103. June 25th he wrote to xVrgulleo
from Loreto. Dept St. Pap., MS., i. 120-1.
11 See Hist. North Mexican Slates, ii., this series.
13 In July he sent up to S. Diego for mules. Arch. Arzob., MS., iv. ptii. 150.
Oct. 4th, started. Dept St. Pap., Ben. Mil.. MS., lvii. 3. Oct. 18
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.
10 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. Mi/., MS.', liv. <); Dept. Rec, MS., i. 230; ii. 37. Oct.
1st, Argiiello expected his successor soon, and had made preparations for Ins
reception, being uncertain whether he would come by sea or land.
Doc, MS., iv. 159.
17 Oct. 26th, Argiiello to Guerra. Guerra, Doc, MS., iv. 161-2.
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, yet 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,
but also that as ruler of both Californias he might be
nearer Loreto, and because he found nothing in his
instructions which, absolutely required him to live at
Monterey. 20 No transfer of the capital was made;
19 Vallejo, Hist. Gal., MS., ii. 48-51; Alvarado, Hist. Gal., MS., ii. 105-0.
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, Reminis., MS., 87-0, implies that a certain lady of S. Diego had
more influence than all the rest. General mention of Echeandia's ai'rival
without additional details, or blunders worthy of notice, in Machado, Tiem-
pos Pasados, MS., 21, 23; Amador, Memorias, MS., 85; Ord, Ocurrencias,
MS., 10-20; Lugo, Vida, MS., 12-13; Avila, Gosas de Gal, MS., 25; Petit-
Thouars, Voy., ii. 00; Mofras, Explor., i. 203.
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
it.i 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 couqueror
of California ; and such Avas 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 would 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 Argiiello remained in Cali-
fornia, resuming his former position as comandante of
San Francisco; yet as he was never again prominent
in public affairs, and as he died within the limits of
this decade, on March 27, 1830, it seems best to ap-
pend here his biography. 22 Don Luis was the first
of the missions was shipped off to Manilla the war was at an end. ' Com-
ments on this rubbish are unnecessary.
21 As early as Nov. 9th, Sepiilveda from Los Angeles congratulates Eche-
nndia on his arrival, and is glad that he will make San Diego his capital.
' You may count on this dismembered aynntamiento and on all under my
command.' Los Angeles, Arch., MS., i. 2, 3.
22 Luis Antonio Argiiello, son of D. Jose Diarfo Argiiello, then alferez of
the Sta Barbara company, and Dona Ignacia Moraga, was born at San Fran-
cisco presidio June 21, 1784, and was christened the next day, his godparents
being Lieut. Moraga and wife. 8. 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, 1S00. St. Pap. Sac. ,
MS., xi. 5; Vallejo, Doc, MS., xv. 94; Gacetasde Mex., x. 240. This same year
he petitioned for license to marry Doila 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. G, 1814.
Prov. St. Pap., MS., xix. 40, 19G-7; Prov. Rec, 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;
Lorrnzana, Mem. de la Beata, MS., 3.
On March 10, 1806, Don Luis was promoted to the lieutenancy, and in Au-
gust his father turned over to him the command of the company. Prov. St. Pap. ,
Ben. Mil., MS., xxxvii. 3, 15. According to his hoja de servicios at the end
of 1810, 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, 1S18. Prov. St. Pap.,
MS., xx. 194; Prov. Pec, MS., ix. 19G; Vallejo, Doc, MS., xvi. 4S; S. Fran-
cisco, Cuentas, MS., i.-vi.
About 1818 Capt. Argiiello 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 1S22 he accompanied Cauonigo Fernandez and Prefect Payeras
on a trip to Bodega and Ross. Meanwhile he had married, in L819, 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.
Arguellowaselccted acting governor on or about Nov. I I. 1822, Arch. Arzob.,
MS., iv. pt i. 96; St. Pep., Sac, MS., xi. G, and took possession oi I
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 onlj pro\ isional, nestill
retained nominally the command of San Francisco. After be 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-
giiello'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, 1S2G, Echeandia ordered his pay as
comandante to cease, the reason not being explained. Dcpt Bee, MS., iv. 31.
On May 20th Echeandia ordered him to S. Francisco to take command of his
company. Id., v. 4G. 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, 1S28, Echeandia relieved Arguello
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 ti-ade, 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 1S28 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 susj^ended
from command for reasons presented to the supreme government on Feb.
15, 1828.' St. Pap., Sac, MS., xi. 5-7. He died at San Francisco on March
27, 1830, at 1 :30 a. m., at the age of 46 years, and was interred in the mission
cemetery next day by P. Estenega. S. Francisco, Lib. Mision, MS., 73-4;
Vallejo, Doc, MS., xx. 165. Mariano Estrada was the executor of the estate,
S. Jose, Arch., MS., i. 36, which five years after his death was in debt to the
missions to the extent of over §1,000. Dept. St. Pap., Z?< n. Com. and Treas.,
MS., iii. 76-7; S. Francisco, Cuentas, MS., v. 1. To his widow, Dona Sole-
dad, was left the ranchoof Las Pulgas, and notwithstanding the depredations
of lawyers and scpiatters, she was in easy circumstances until her death in
1874. None of the sous 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.
Cta.,MS.,ii. 102 4; Vallejo, Hist. Col., MS., i. 327-30; ii. 42-3; Osio,Hist. Gal.
MS., 5-21, 57; Amador, Mem,., MS., 81-3; Castro, Bel., MS., 13-14; Avila,
Cosas, -MS., 22; Romero, Man.. MS.. 10; M achado,LoPasado, MS., 21; Spence's
NoU ■■. MS., 14; Hayes' Em. Notes,M8., 505; Sta Barbara Press, Oct. 24, 1S74;
S. Diego Union, Oct. 29, 1S74.
REENFORCEMENT 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 ban 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 Echeandia, 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 lie
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, !• grenadiers and chasseurs, and 10 fusi-
leers— 3-1 in all. Uept St. Pay., Ben. Mil, MS., hum. 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,
Rocha, and Ramirez were somewhat prominent in
later annals. 24
All those mentioned are supposed to have stopped
with Echeandia at Loreto, and to have accompanied
him to San Diego by land, though it is possible that
there were some exceptions; but another passenger
on the 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 cle ha-
cienda to administer the territorial finances, did not stop
at Loreto, but came on to Monterey, where he ar-
rived July 27th, and took possession of his office Au-
gust 3d, relieving Mariano Estrada, who had held a sim-
ilar position under a different title by authority of the
diputacion. Herrera was subordinate to the comisa-
rio general de occiclente at Arizpe, and in financial
matters he was largely independent of Echeandia.
He brought with him a memoria of goods worth $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
21 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.
r °I)ept Bee, MS., v. 103; Herrera, Causa, MS., 67.
26 Mexico, Mem. Relaciones, 1826, p. 32; Mexico, Mem. Hacienda, 1S26,
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 812,000, 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 as
Martinez observed, cigars would not satisfy the families, and the compro-
mise was refused !
27 Sept. 1st, Echeandia's order to Herrera. Hept. Rec, 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 during this
year that requires notice. 28
Herrera, however, was not the only official who
arrived on the Morelos in July 1825. The vessel
brought also to California Lieutenant Miguel Gonza-
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 Arguello, explaining his reasons for not oheying, 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 included yet. Vullejo, Doc,
MS., i. 98. Nov. 17th, the habilitado of Sta Bai-bara 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, Doe., MS., vi. 148-9.
General mention of Herrera's appointment and arrival. See Mexico, Mem.
Hacienda, 1826, p. 27, by which it appears that he Mas appointed on Feb.
8th; Dept St. Pap., MS., iii. 209-10; Le<j. Pec., MS., i. 282-3; Dept St.
Pap., Ben. Com. and Treas., MS., i. 12; St. Pap., Sac, MS., xiv. 2. _ He is
called comisario subalterno, comisario sub-principal, comisario provisional,
administrador sub-principal, comisario de guerra, sub-comisario, treasurer,
superintendent of customs, etc.
29 The number of the soldiers, both artillery and infantry, is not recorded.
Vallejo, Hist. Col, MS., ii. G2-G, and Alvarado, Hist. Cat., MS., ii. 110-14,
confound this arrival of convicts with the later ones of 1S30. A list of the
18 convicts who started is given in St. Pap., Sac, MS., x. 20-2, and of the I 7
who arrived, in Dept St. Pap., Hen. Mi/., MS., Ivii. 3, besides mention of
several of the number in Id., Ii. 2-3. Eight or niuc came with definite son-
16 A TERRITORY OF THE MEXICAN REPUBLIC.
Prefect Sarria, as we have seen, declined to swear
allegiance to the federal constitution or to sanction
republicanism either as friar, prelate, or vicar. He
left each of the friars free to decide for himself, and
refused to issue instructions on the subject. There
can be no doubt, however, that the question had been
thoroughly discussed by the padres, and a definite
understanding reached, during the many months in
which the formal declaration of the republic in Cal-
ifornia had been only a question of time. Yet that
the agreement had not been entirely unanimous is
tences, while the rest were simply banished to California. The former were
mostly the companions of Vicente Gomez, ' el capador,' a fiend in human form,
thief and assassin, who is said never to have spared nor failed to torture any
man, woman, or child of Spanish blood that fell into his hands, but who, in
consideration of his services to the ' cause of independence,' was simply sent to
California subject to the orders of the comandante general. It is not quite
certain that he came to Monterey with the rest, since there are indications
that he came to 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 wa3
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.,
lvii. 21; De.pt Rec, MS., v. 9(3-7, 130.
One of the companions of Gomez bore the illustrious name of Fernando
Cortes, ' de muy mala fama en toda la repiiblica, ' 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 lor murders and robberies in Puebla, but pardoned on condition of exile
to California. Another of the band was Francisco Badillo, sentenced to 10
years of presidio work in chains, or to be shot without hesitation or formality
should he venture to move from the spot where he might be put to work. In
1835, the time having expired, Badillo was set at liberty, but remained in the
country. Dept St. Pap., Ben. Mil., MS., Ixxvi. 20-2. In 1833 he had been
charged with a new robbery. Id., lxxiv. 44. He was married in 1830 to his
mistress at Sta Barbara. Carrillo (Jose), Doe. 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 1800, 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; St reefer's Iiecol, MS., 159-63.
Other members of this band of convicts were for the most part ordinary
thieves and vagabonds, of whose life iu 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, L3th 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; hut 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 oi the .'Id. I
understand that we are threatened with expatriation; hut I will pass through
all, though with tears at leaving my beloved flock. That which 1 took up for
God, I will always leave if it be necessary for the same God, to whom 1 have
prayed, etc. In other things very much at your sendee,' etc. [reh. '
MS., iv. ptii. 135 6. Also letters of March 30th and April 14th, laid., 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. Argiiello 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 Argiiello 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 Leg. Bee, 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.
Dept Bee, MS., i. 117; Arch. Arzob., MS., iv. pt ii. 140. June 3d, com-
andante of S. F. has proclaimed Duran as vicario foraneo. St. Pap. Sac,
MS., xiv. 36. Oct. 15, 1824, bishop grants to president all the powers con-
ferred by the former bishop. Arch. Sta B., MS., xii. 320.
AEEEST 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. 31 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. 3lJ
53 Oct. 12th, Duran to Herrera, in Arch. Arzob., MS., iv. pt. ii. 148.
84 June 29th, Esteva to comandante general of Cal. Sup. Govt St. Pap.,
MS. , iii. 4-5. P. Sarria was, however, to be treated with respect.
3;, Oct. 31st, E. to D. Dapt Rec, MS., ii. G. In D.'s letter of Oct. 12th,
Arch. Arzob., MS., iv. pt ii. 14S, he said that he could not act as prefect
until certain that Sarria was out of the province. This shows that Sarria'9
ai'rest was probably effected by Argucllo before Echeandia's arrival, or per-
haps by order of the latter issued while en route.
30 Sept. 2d, Minister Llave to governor. Sup. Govt St. Pap., MS., iii. 1.
The general fact of the padres' opposition to the republic is mentioned by
nearly all who have written on California annals, and it is not necessary to
give specific references. Alvarado, Hist. Cal., MS., ii. 20-5, and Vallejo, Hist.
Cal., MS., i. 341-2, dwell on the fact that the padres never lost their feelin ;
cf 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 t>>
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 manifi
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 TERRITORY 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 could not
help it; or in a spirit of apathetic indifference to what
might become of the mission property; or in a few
cases refused in the interest of their neophytes. Padre
Duran on one occasion told Martinez of San Francisco
that he could send no more supplies, and it would be
best to discharge the soldiers if there was a lack of
rations. Martinez in turn asked the governor for per-
mission to take the supplies by force. Padre Viader
wrote that Santa Clara had to buy wheat for its neo-
phytes, while the pueblo had plenty of grain to sell
the presidios. " The moment the keys are taken from
us by force," he wrote, " we will not take them back,
nor attend to the temporal administration." The des-
titution was very great at San Diego, but the coman-
dante in his letters implies that the padres gave all
they could. The commandant of Santa Barbara had
a sharp correspondence with Padre Ibarra of San
Fernando, trying to prove that the furnishing of sup-
plies was by no means a special favor to the troops,
but an ordinary duty of the missions until the expected
memorias should come from Mexico, together with a
new band of missionaries. The padre, however, was
incredulous about the anticipated aid. " If you do not
eat till then/' he said, "you will need elastic bellies;
and as to the coming missionaries, I will believe it
when I see them, not before." He would, however,
change of government; and some of the younger Californians with the Mex-
ican clement were more or less enthusiastic republicans. The Indians had of
course no choice, but their condition was in no respect improved by the
change. Osio, Hist. Gal., MS., 105-7, has something to say on the advantages
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
soldier of the king to do so. Alvarado, Hist. Cal., MS., ii. 40-4, mentions a
kind of secret politico-historical society formed by the youth of Monterey,
with .lose Joaquin de la Torre as president, by which various schemes of
independence from Mexico as well as Spain were discussed, and where even
annexation to the U. S. was propi>scd, or a French or English protectorate.
MISSION AFFAIRS. 21
not bo surprised if Mexico were to send to California
for supplies. From San Luis Padre Luis Martinez
complained of everything in general, and in particular
of some ' missionaries ' of a new sect, including one of
the Picos, who were travelling with a barrel instead
of a cross, and were making many converts to drunk-
enness, while the soldiers of the escolta did nothing
but destroy. 37 In Mexico the guardian made a de-
tailed representation to Minister Alaman on the criti-
cal condition of affairs in California, owing to the fact
that the Indians were naturally disgusted at having
to support by their labor themselves, the padres, the
government, and the troops. He declared the amount
of unpaid drafts to be $259,151, and that of unpaid
stipends $153,712, begging most earnestly for at least
a partial payment to save the missions from ruin. 3 '
The junta de f omen to 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 Duron, Viader, and Lieut. Martinez in St. Pap.. Hoc., MS.,
xiv. 22-4, 33-40. Destitution at S. Diego. Dept St. Pdp., MS., i. 110;
Guerra, Doc, .MS., v. 201-2; Com. of Sta Barbara vs. P. [barra. Doc. Hist.
Col., MS., iv. 7:U-2: Guerra, Doc., MS., vii. G8-9. P. Martin.'/, to Arguello,
Arch. Arzob., MS., Lv.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.
3y 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 Fernanclinos.
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
s} T stem 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,
40 'La Junta en suma reduce su dictamen para cl arreglo de las misiones
de Calif ornias a las proposiciones siguientes:' 1. Conversions among gentiles
VESSELS OX THE COAST. 2?>
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 'equitabty 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 viiitas and entradas of friars and priests, who must
obtain the permission of the government, and will receive their stipends as a
llmosna 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 evangelizar
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 a3 before from the pious fund. G-7. There should be two friars in
each mission, besides those temporarily residing or resting there while
engaged in converting gentiles. 8. The missions to continue in this condi-
tion until formally made parishes and delivered to the bishop. 0. 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 & Co.'s vessels were prob-
ably the Pizarro and Junius, and perhaps others, for
the records are far from clear.
Of all the vessels of the year those which created
the greatest sensation were three Spanish men-of-war
which made their appearance in April and May. The
27th of April a large line-of-battle ship flying the stars
and stripes of the United States was seen approaching
Monterey. The people thought of 1818, "el afio 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 Argue-
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, Aquiles, Arab, Asia, Bengal (?), Carlos Huat (?), Constante,
Courier (?), Don, Eagle, Elena, Eliza, Factor, lnca (?), Juan Battey (?), Junius,
Kiahkta, Maria Ester, Merope, Morelos, Nile, Pizarro, Ploivboy, Recovery,
Rover, Sachem, Santa Magdalena ('!), Sta Rosa (?), Snoiv (?), Spy, Tartar,
Tiemechmach (?), Tomasa, Warren, Washington, Whaleman, Young Tartar,
and nine American whalers not named.
"J. J. Vallejo, Reminiscencias, MS., 84-6, and Dorotea Valdes, Reminis.,
M.S., 2-5, have more to say of the fright of the people than others, though all
mention it. Osio, Hist. ( 'al., MS., 91-112, narrates the whole affair at some
length. He says that Arguello was importuned to retreat, and that the
artillery commander, Lieut. Ramirez, was especially desirous of securing his
life, as he had just married a pretty wife with $8,000, hut the governor refused
to abandon the presidio.
1 ; 1 '. Altimira, however, still feared some hostile intention; May 12th he sent
from S. Francisco a warning to Arguello, declaring that the men were bad,
and should be looked upon with horror. He also recommended the sending
THE 'ASIA' AXD 'CONSTANTS.'
The ship was the Asia, or San Geronimo, of seven-
ty-four guns and six hundred men; and three days
later her consort, the brigantine Constante, with sixty
men, anchored in the harbor. These vessels had formed
a part of the royal Spanish squadron operating against
the rebels on the coast of South America. Together
with the Aquiles and the transport Garinton, they *
had sailed from that coast for Manilain 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 Constant,"
to Arguello 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 ;it San
Francisco would carry a despatch for $1,500. Perhaps the padre had an
understanding with Capt. Morrell, and was to have a share of the profits.
St. Pap. Sac, MS., x. 10-11. Morrell, Narrative, 209, mentions the man-of-
war at Monterey, giving some details.
44 'As'ict 1 y '■(Jonxtante,' Expcdkntc ilc In ( 'apitulaeion, 1885, mGaceta (It Mi
Extra, June 15, 1S25, which is devoted wholly to this affair, contains all t fa •
documents, and is the best authority. -Inks 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, i
ried Viceroy O'Donojii t<> Vera < Vuzin L821, andCondede Venaditoto Habana.
Alaman, Hist. Mex., v. 329, sis I!). See also Zamacois, Hist. Mi)., xi.61 1 13.
The affair is also described in Campaigns and Cruises in Venezuela, i. 404 J.
45 'Asia' y' Constante,' Tratadode Capitulation dt los Navioaen Monterey,
1885, MS.; also in Goc, Mex., Extra, June 15, L825; signed by Jose* Estrada
(appointed by Arguello as comisionado), .lose Ramirez, .lose Cardenas, and
Antonio Ventura Roteta. Mention in Dept St. Pap., Ben. Mil., Ms., hi.
8. May 3d, Arguello approves the contract in a communication to Mar-
tinez, and reappoints the old officers temporarily. Martinez was connnan-
20 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 Arguello'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
Constanie. DcptRec, MS., i. 54.
• 46 Torre, lieminis. , 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 appeal's from another document,
they had to use blue stuff instead of green. Vallejo speaks of a grand ball on
the Asia. All the old residents agree that money and sugar had not been so
plentiful at Monterey for a long time. Sra Avila, Cosas da 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, Argiicllo to com. at Acapulco on the sur-
render and Malarin's mission. June 1 1th, 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, Argiiello to commandante at Acapulco, explaining
the whole affair, and sending copies of contract. Dept Bee, MS., i. 56. May
2d, Argiiello to comandantcs, giving an account of the surrender and plans.
Id., i. 117. Mention of the affair in Niks' JReij., xxix. 74; Gaceta de Mex., i.
1-4. Contract religiously carried out. Mexico, Mem. Marina, 182(5, 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 Argiiello, killing him with disgustos in 5 years !
4S 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, 1S29, decree of president about the Asia's crew. Dispo-
siciones Varias, ii. 60.
49 May 6th, Guerra to Argiiello, in Dept St. Pap., MS., i. 113; Id., Ben.
Mil., liv. 7; Dept Bee, MS., i. 227. June 25th, Esteva from Mexico to corn-
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. Gort St. Pap., MS., iii. 8. Mrs Ord, Ocurrencias, MS.,
1 8-19, 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, ''id., MS., 99-102, also speaksof the wedding, and tells us that Angulo,
an ignorant Chileno, at first thought to hide his bad Spanish from so cultured
a company by pretending to be a Frenchman; but Hartnell soon discovered
he could not speak French. Learning that the Asia was at Monterey, An-
gulo hurried onboard 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 are
tolerably accurate. His book was not published until
1832. He ventured on a prophecy " that long before
another century rolls round the principal avenue of
trade between the United States and the different sea-
ports on the Pacific Ocean will be the river Colorado,
as connected with the gulf of California. The China
and India trade will of course ultimately flow through
the same channel." Not a cargo has yet been known
to be sent down the great canon — but the century has
not yet rolled round. 51
50 ' Its form is nearly circular, and it is surrounded by a wall about 20 feet
in height, which forms the hack sides of the houses. There are about 250
houses erected in this manner, from one to two stories high, built of freestone
and neatly linished. There is also a large church, one nunnery, and a very
neat little courtdiouse. This town contains about 1,500 inhabitants, princi-
pally natives of the coast.' His way of saying that the women rode astride —
as they did not — is very good, however: viz., ' They usually honor each side
of the horse with a beautiful little foot and ankle.' A whaledjoat was built
during the stay.
51 Morrell, A Narrative of Four Voi/anes to the South Sea. etc. , 1S22-31. 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 maybe 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 only action on commercial matters was a
decree by which all trade was forbidden except at
the four presidial ports, to the great inconvenience of
the missionary traders. A little later, however,
San Pedro was excepted, to accommodate the citizens
of Los Angeles. 54
Several of the foreign residents married hijas del
pais this year, but none did much else that calls for
notice. Of new arrivals only about twenty names
are known, of which number most are but visitors,
chiefly masters of vessels; and only six have any
claim to be considered as pioneer residents. John
Burton, Robert Livermore, and Alpheus B. Thomp-
son are the prominent names; but in the case of each
there is a degree of uncertainty respecting the exact
year of arrival, as fully explained elsewhere. 55
The winter of 1824-5 was marked by an unprece-
second of the four voyages. Notices of Morrell's visit in the archives. St.
Pat*. Sac, MS., x. 11, 14; xiv. 37; Dept St. Pap., MS., i. 64-5. Blunder-
ing notice of the voyage in Taylor's L. Cal. , 43.
52 The amount is given as 88,014 and elsewhere as $11,036, in Dept St.
Pap. Ben. Oust. IL, MS., i. 101-2, 212. Duties at Sta Barbara, $1,220.
Prov. St. Pap. Ben. Mil., MS., lvi. 1. Amount at S. Francisco, $1,001; at
S. Diego, $471. Probably $11,000 was the total, and $S,000 the amount at
Monterey.
r - 3 Dept Rcc, MS., i. 115.
54 E.'s decree of Dec. 15th, in S. Antonio, Doc. Sueltos, MS., 101-.°>; S. Jose",
Arch., .MS., vi. 23; Vallejo, Doc., MS., xxviii. 82; Dept St. Pap., Ms., i.
04. Dec. 20th, S. Pedro excepted. Vallejo, Doc, MS., xxviii. 83. Complaint
that S. Diego did not get its share of the revenue. Gaerra, Doc, MS., v.
201-2.
"See Pioneer Register at the end of these volumes, n.-v., for the nanus
of all, including visitors. The pioneers proper >>( ls-_\">. besides Burton,
Livermore, and Thompson, are Fisher the negro, William Gralbatch, and
James Grant. Of old residents, W. E. 1'. Bartnell and Win. A. Ri
were married; Daniel Hill was baptized; and Capt. Henry Gyzelaar is said
by Phelps — Fore and Aft, 242 :: 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 1S24 to 1820 hardly any rain fell.
Mention of the floods in Alia CaL, Dec. 30, 1852; Yuba Co. Hist., G7.
CHAPTER II.
ECHEANDIA'S RULE— POLITICAL AFFAIRS.
1826-1830.
National Measures, 1826 — Junta de Fomento — Echeandia at San
Diego— Guerra for Congress, 1827-S— Colonization Regulations
of 182S — Territorial Diputacion, 1827 — Proposed Change of
Name — Echeandia in the North — Diputacion, 1S28-30— 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.
Z2 ECHEANDIA'S RULE— POLITICAL AFFAIRS.
Politically, then, 1826 was wellmgh a blank. The
national authorities attached some importance to Cali-
fornia as affording by her rich missions a possible
stronghold for Spanish reactionary sentiment, and
they had a vague idea that there was a problem to be
solved there; but having sent a political chief to study
the state of affairs, a small military 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 was also sent north that with the
surrender of San Juan de Ulua the Spaniards had
lost their last foothold in Mexico, and also that the
pope had recognized the Mexican independence. These
events were celebrated at different points in the terri-
tory, by the governor's order, 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 was
certainly in no haste to adopt any radical policy.
Some items of business connected with the arrival of
vessels claimed his attention; he slightly agitated the
matter of secularization, trying one or two experiments
with a view to test the feelino-s of the friars and the
'■Mexico, Mem. Relatione*, 1S27, p. 3G-7. The minister says that in Cali-
fornia very marked vestiges of the old monastico-military government still
remain, presenting serious obstacles; but the governor is instructed to gather
information, and the junta, is at work on a plan.
2 Corresp. of 1825-6, with notice of celebration at Sta Barbara, Monterey,
S. Buenaventura, and S. Fernando. Echeandfa's order was dated April 15,
L826. Deptfiec, MS., iii. 16; iv.31; DeptSt. Pap., Ben. Mil, MS., lxxxvii.j
Id., Ben. Cnm. and Treas., MS., i. 11; St. /'a p., Ben., MS., i. 6&-70; Sup. Govt
St. Pa/'., MS., xix. 26. Double pay for three days was ordered tor soldiers;
; ad some silver coins seem to have been distributed. At S. Fernando the
1 adre refused to officiate, ami the neophytes said some pater-nosters and ave
r/mrias on their own account.
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* do 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 lie well
received. Their fears were well founded, since lie was
uot admitted to congress, and even had to hurry back
3 Dec. 5, 1826, Gov. orders that electors are not to start until further
notice. Dec. 31st, he orders them to start. Dept Rec, MS., iv. 19-'2G.
'1 lie order for an election is not extant, Imtit appears from another document
to have been dated Nov. 14th. The five elec tor esde partido, oneforeach pre-
sidio and one for Los Angeles, were Ifrancisco de Haro, S. F.j Estevan M □
i.. . Monterey; Carlos A. CarrillOj Sta I'..; Via
and Agustin Zamorano, S. Diego. Adas de Elecciones, MS., 1 -1: Dept St.
i igdes, MS., x. 1; <;u<rn<, Doc. , MS. , vii. 155 B, in which documents
i i I the record of the action of the meeting. The only partido election
( f which we have a record was that at S. K. on .Ian. I. I. 7. 8, 1827, where
[laro was chosen over Joaquin Estudillo. Details given. Vallejo,Doc., MS., i.
!!:' 102: and the only primary elections recorded were that at S. P., /'A. ami
that at San Antonio on Nov.
Monterey and vote for the elector de partido. i • ' St. Pap., Ben. Mil., MS.,
Lix. 17-19.
Hist. Cal., Vol. III. 3
34 ECHEANDIA'S RULE— POLITICAL AFFAIRS.
to California to avoid serious troubles, although he
had left Spain at a very tender age. 4 Gervasio Ar-
giiello, 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 Gfive 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
1 Guerra, Doc, MS., vi. 99-100, 123, and passim. He sailed on the Maria
E4er, carrying high recommendations from Echeandia. That he had not beta
admitted was known at home on Dec. Gth, Dept liec, MS., vi. 4G-7; and his
passport to return was signed by President Victoria on Dec. lGth, and vised at
S. Bias on May 16, 1829. Oct. 20, 1829, he speaks of his late penoso viaje in
dunning Bandini for a debt. Hayes' Mission Book, i. 21G. $1,000 of $5,000
due Guerra for mileage and salary was later collected in 1831. Guerra, Doc,
MS., iv. 209-10. June 18th, Argiiello from Guadalajara thanks the junta electo-
ral. Dept St. Pap. , MS. , ii. 23. Vallejo, Hist. Cal. , MS. , iii. 98, accuses Argiiello
of having intrigued, or at least used his influence, to keep Guerra from his
eeat. A pamphlet of 1828, giving sketches of the congressmen of 1827-8,
speaks of bim of California as nada, or 'nothing.' Semblanzas de los Miembros.
a The secretary of the interior mentions the completion of the junta's work
in his report of Jan. 30, 1828, stating that a copy in print was distributed to
members. Mexico, Mem. llclariones, 1828, p. 22. Bustamante, CuadroHist.,
v. G4, speaks of the junta. The Aguila newspaper mentioned a set of the
records of the junta lor sale. Guerra, Doc, MS., iv. 175. It is remarkable
that I have found none of these records in the archives.
6 See chap, xxiii. , vol. ii. this work. In forming these regulations of 1S2S,
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.
7 Mexico, Reglamento para la colonization de los territorios de la republira.
21 de Nowembre de 1828, MS. Translation in Halleck's Report, App. No.
5; DvAnelWa Colon. J 1 1st. S. Francisco, Add. 25-6; Wheeler's Land Titles,
8 9; i. Rockicell, 453.
1. Governors of territories may grant vacant lands to such persons, Mexi-
CONSTITUTION FOR CALIFORNIA. 35
On May 12, 1827, the junta de fomen to presented
an iniciativa de ley, or general system of laws for the
federal district, with the recommendation that the
same be adopted by the government, as a kind of
constitution for California and the other territories.
There is no evidence that it was so adopted; and in-
deed, I find nothing to show that any general system
of organic law was ever adopted as a whole; but it
would seem that the different branches of territorial
government were provided for by separate laws as
needed from time to time. 8 j_2 i 6G93
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 1S24, 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 thegoi ernor
may revalidate it in proportion to the part fulfilled. 12. The colonist w ill]
compliance with his contract before the municipal authority, in order, on tin-
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 sqi
15. Land for a house-lot shall be 100 varas. 16. Spaces between coL
lands may be given to adjoining proprietors who have cultivated tin ir lands
with most application, and have not received the full amount allowed by the
law; or to their children, who may desire to combini their
families. 17. In those territories where there are mi ions, the lands occu-
pied by them cannot be colonized at present.
In Halleck's Report, 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 fi reign-
crs. At least twice in these years, Oct. 7, 1 8J7, and July 15, 1830
orders were issued in California for owners of lands to appear and give in-
formation about them and the titles. Olvera, Doc, MS., I; Dept St. Pap.,
Mil.. MS.,lxxi. 3.
s For an account of the acts of the junta de fomen chap, i., this
volume. Of this iniciativa tl ley, I shall no I ana
brief resume or framework, as follows: 1. Attributes of the president
36 ECHEANDIA'S RULE-POLITICAL AFFAIRS.
The junta of electors at San Diego, on February
19, 1827, also chose seven vocales, or members, and
throe suplentes, or substitutes, for the territorial dip-
utacion, which was ordered by Echeanclia 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 b}' the people for 4 years. 10
articles. 5. Ayuntamientos of alcalde, 3 regidores, and sfndico for a popula-
tion of 500 in Alta California. Elected, alcaldes yearly. "20 articles. G.
Administration of justice. Civil, 8 articles; criminal, 22 articles. 7. Judges
learned in law; 5 in Alta California. 8 articles. 8. Supei-ior tribunal of
justice, consisting of a president and 2 ministers; no salary; 15 articles. 9.
I Icclesiastical 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
a:id 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 initiative/, 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, 2d, Tiburcio Tapia, 3d, Ignacio Martinez, 4th, Antonio M a
Ortega, 5th, Juan Bandini, Gth, Anastasio Carrillo, 7th, Antonio Buelna, 1st,
Supl., Nicolas Alviso, 2d, Joaquin Estudillo, 3d, Romualdo Pacheco. Actas de
Eli "'/'o/;es,MS.,4-5; Dept St. Pap., . I hi/., MS., x. 1. All seem to have been pres-
ent at the first session or within a few days, but they were called away 1 > y private
or military business until, on Sept. 1st, the two remaining vocales., apparently
Estrada and Buelna, had to call in the ayuntamientoof Monterey, and with the
aid i if that body elect 5 provisional members, who lived in ornearthe capital and
could be depended on. They were Francisco Pacheco, Estevan M minis, 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 "f S25 per month. Leg. Rec, MS., i. 47-80;
/ epl Tlec, MS., v. 07. 73, 75, 82, 87; Vallejo, Doc, MS., ii. 170: Dept St.
Pap. S. '• . '•■' 5., iv. 47; Id. Monterey, vi. 3-4. Alvarado's salary was to
b i pai [ f roin tl . . ii Lp; ! fancies of 11 nte '< y.
ACTS OF THE DIPUTACICXN". 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
10 June 14th, oath of office taken by diputados before Echeandia, and Mar-
tinez chosen temporarily as secretary. June 10th, Comisario Herrera fcoi I
oath. A reglamento for the dip. was begun and completed at the next ses-
sion of June 19th. Details of routine rules for business need not be given;
suffice 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, Carrillo and 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 in
duties; that the supreme government be asked for teachers for a college or
academy; and that Los Angeles be declared provisionally the capital of the
territory, with the title of city. June 2Gth, tax on wine and brandy regulated
according to report of committee on finance. In afternoon Alvarado elected
secretary, Martinez resigning. June 28th, sec. sworn in. Additional regula-
tions of the liquor traffic. June 30th, Jul}' 2d, liquor traffic continued. Mar
tinez allowed to join his company in S. Francisco. July 7th, liquor regulation i
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 alio wed to retire until Bandini should come.
Contador appointed. July lGth, petition from padres that vessels be all ivi
touch at the landings of Sta Inez and Furisima. No power to act. July 17th.
18th, 20th, Sept. 19th-20th, action on revenue matters, involving the investi-
ation of charges against Herrera, and resulting measures directed against him.
S< e 'hap. iii. Pacheco as vocal suplente sworn in on July 20th. July 24th,
long discussion on Bandini's commercial propositions, in which Comis
Herrera took part. See chap. iii. Contador Gonzalez takes oath of •
Ba Lini •• nd Tapia granted leave of absence; Suplentes Estudillo and Ai\ i- >
summoned. July 31st, Aug. 4th, 9th, 11th, 17th. Sept. 12th, regulatio
specting live-stock and branches of commerce and p
Alvi oswominAug.4th. Aug. 17th, Echeandia re] leredthcpre-
fecttoestablishaschoolineachmi 1st, alledinandS
new members elected provisionally. See note 9. Sept. Uth,repor1 r&
of removal of a local officer at Lor; Angeles. The
recorded, after Sept. 20th, was on July 10, 1830. Leg. Rec, MS., i
1C4. [ncidental mention. Arch. Arzob., MS., \. pt. i. 34; St. i
MS., \i\. 39; Dept Rec, MS., v. 50, 126. June 22d, Echeandfa to mil
of relations asks if the sub-comisario should attend as intendente, and
and the writer should have a vote. Alvarado, Hist. Cal., MS., ii. 118 21,
represent'. Echeandia as having opened the sessions with a long discourse, In
which he explained the situation of the territory, the poll
all that he had done since his arrival. This writer states that all the ■
the diputacion in 1S27 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
iii 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 Peina de Los Angeles; also that there
should be proposed to the supreme government as a
coat of arms for the territory ' an Indian with plume,
bow, and quiver, in the act of crossing a strait, all
within an oval having on the outside an olive and an
oak,' in memory of the first peopling of these Amer-
cas, which according to the most common opinion was
by the strait of Anian; all of which, after sufficient
discussion, was approved." So far as the records show,
no attention was paid to this proposition in Mexico,
and fortunately California escaped the burden of a new
and inappropriate name, founded on one of 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 \is 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 L^ij. lice. , MS. , i. 62-3. 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
legislative record does not show the diputacion to have approved Bandini's
motion to that effect. Taylor mentioned this proposed change of name in a
newspaper article, and from him apparently it was taken by Tuthill. Hist.
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 de 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. Li Febru-
ary 1827 he wrote long and somewhat incoherent
complaints to Echeandia, asking to be relieved of his
15 Alvarado. Hist. Cal., MS., ii. 127-35, says he was received enthusiasti-
cally at Sta Barbara, contrary to his expectations, founded on the influi
the friars there; yet it was at this very time that two padres al Sta B. lied
from Cal., as we shall see elsewhere. Vallejo, Hist. Cal., MS., ii. 266-71,
notes a grand reception at San Jose, and a rather cool one at sta ( Hara.
40 ECHEANDIA'S RULE— POLITICAL AFFAIRS.
command, but refusing to be subordinate in any way
to Estrada or Argiiello. Usurping Estrada's author-
ity over the presidial district outside of Monterey, he
put that officer under arrest; but Echeandia affirmed
Estrada's powers and ordered his release. 13 When the
governor came to Monterey in May, he soon took
sides against Gonzalez, administering frequent repri-
mands, and finally in November ordered him to pre-
pare for a march to Santa Barbara, in order that
peace might be restored by his absence. How far
Echeandia was influenced by the fact that Gonzalez
was the friend and father-in-law of Herrera, 14 we have
no means of knowing. 15 It would appear that Gon-
zalez did not accompany Echeandia to the south in
December, or that he returned immediately; for in
February 1828 he was suspended from his command
and put under arrest at Monterey by Estrada, at the
governor's order, after some investigations had been
conducted by Lieutenant Pacheco. At the end of
the year he was ordered to leave the country on the
Maria Ester, in accordance with instructions of May
31st from Mexico; but he was at San Diego as late as
April 1830. 16
"Feb. 22, 24, 1827, Gonzalez to gov. Dept St. Pap., MS., ii. 2-7, 10-11.
March 0th, Apr. 10th, gov. to Gonzalez. Dept Pec, MS., v. 32, 3G-7.
14 Of Doha Alfonsa, the beautiful wife of J. M. Herrera and daughter of
Capt. Gonzalez, we shall hear more in later years.
13 June loth, Gonzalez to gov., protesting against firing a salute on corpus
cristi day. Dept St, Pap. , MS. , ii. 25. July 14th, 27th, Sept. 27th, Nov. 10th,
19th, 20th, 21st, gov. to Gonzalez, with repremands 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. 10th. Nov. 21st, gov. to alcaldes, stating his orders for Gonzalez' depart-
ure and forbidding any insulting or sarcastic remarks about that officer or his
men or his family. Dept Pec, MS., v. 64, 09-70, 92-3, 108-11.
10 Dec. 15, 1827, Pacheco ordered to continue investigations. Dept Pec,
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.
Pap., ii. 73. Nov. 9th, gov. orders Gonzalez to leave on the Maria Ester.
Hep/, Rec, MS., vi. 131. Dec. 22d, to same effect. PL, vi. 161. Dec. 9th,
however, he was ordered across the frontier by land en route to Loreto. PI.,
vii. 200. 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, 1S30, 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 ; 1S but there is do record of any action of the
body this year, and little or no evidence that it met at
all, except perhaps, as Alvarado says, to protest against
the holding of meetings out of the capital, to listen
to Echeandia' s views on the subject, and to adjourn. 19
Later in the year, however, at an electoral junta held
at San Diego on October 6th, the diputacion was re-
organized by the choice of four new members. 20 All
war for Gonzalez to proceed to Mexico. Sup. Govt St. Pap., MS., vi. 1.
Inocente Garcia, Hechos, MS., 40, 44, says that one of the offences for which
Gonzalez was sent away was the arbitrary infliction on him, Garcia, of 100
palos without trial, and he not being a soldier. Bcechey, 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 i:i
March 1827; was at Sta Barbara during a large part of April; arrived al
Monterey about the middle of May, and left there late in Nov.; was at Sta
B. from Dec. until March; and returned to S. Diego early in April.
18 April 10, 1828, Echeandia's summons to 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 Bee, MS., vi. 19S. 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 fum Is Alvarado'a
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. J)<j>t St. Pap.,
Jit a. Mi'., MS.,lxvi. 90-1. Alvarado's own version is confused in r<
(L.tes, representing a first visit to S. Diego as having been in 182U, be
visit to the north.
19 Alvarado, Hist. Cat, 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
of their presence and that they awaited his message. The first ad ■
bling in the large hall of the comandancia was to protest on motion of Buelna
against meeting away from the capital. Echeandia received the prot< it
courteously, and a few days later explained his theory that as corns
general he had the right to live where he could do most for the interests I
the country, that is in his opinion at S. Diego. The diputacii
if he had that right, it as a body had it not, but was required by la n
at the capital under the presidency of the senior vocal in the absence of the
gefe politico. Echeandia replied:' '1 do not object. Let the dipul
turn to Monterey if they like.' The governor, however, had some i
against Alvarado, in whose handwriting was the protest. Soon
of a quarrel with P. Menendez, chaplain of the troops — a Dominica
wine he had been drinking and whosesermons he had been writing
was summoned before the gefe politico, and reprimanded for disresp
friar. A stormy scene followed, in which the young sec
crowded Echeandia into a corner, pretended to have a daggei id fina .,,
induced him to become calm, tails the matterover, and li
parted friends, and E. went so far as to explain his real reason for choo ins
to live at S. Diego, viz., his fear of Eerrera and his confederates, who bad
plotted to sei;:e him and send him to Mexico!
"These were Carlos A. Carrillo, Pio Pico, Vicente Sanchez, and Jose*
Tiburcio Castro, a; Ith, 5th, Cth, and 7th i ly. Actasd* I
MS., S; Lkj. Bee, MS., i. 127; Dept St. Pap., S. /o« , Ms., it r_' ; i
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 thrce
places Avere 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 JRec, MS., vi. 159. Feb. 19, 1829, gov. permits Domin-
guez to retire because it is impossible to have any session, 3 of 5 members having
refused to attend. Id., vii. 88. May 22d, gov. says that the diputados sum-
moned to S. Diego had not wished to come on account of the illegality cf
meeting except at the capital ; therefore he asks them to go on at Monterey
without his presence. Id., vii. 104. April 10th, gov. tells the minister of rela-
tions that he suspended the junta on account of its 'desorganization,' attri-
butable largely to the influence of Vicente Sanchez, prompted as he believes
by Herrera. He proceeds to give a description of each of the 10 members
in respect of character, ability, education, and property — in no case a
flattering picture. Doubts that the diputados can be induced to leave their
private affairs to meet even in Monterey. 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, says that at S. Diego
there was just a quorum, and that he prevented the session by insisting on it3
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 Her., MS., vii. 128. May 10th, Wm. A. Gale, in a letter to Cooper
from S. Pedro, mentions the meeting ordered for Juno 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. 2G0.
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. 200. Jan. 18, 1830,
similar summons to the Carrillos. Id., viii. 10. Feb. 5th, E. to comandante
ai, Monterey, states that the diputacion did meet to devise means for the
restoration of tranquillity. Dept St. Pap., 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 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
™Dept Bee., MS., viii. 25, 53, Gl ; Dept St. Pap., Ben. Mil, MS., ii. 4;
Lerj. Bee, MS., i. 133. The four were Buelna and Jose T. Castro, with Sal-
vio Pacheco and Carlos Castro as snplentes. Other members came in later.
24 July 10th, the four members sworn in. Alvarado was still secretary.
Castro and Buelna were named for 1st committee; Pacheco for the 2d; and
( Yulos 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 B. Alvarado was appointed contador de propios y arbitrics
(municipal treasurer), in accordance with a decree of the cortes in 1813. Sal-
ary, S15 per month. July 16th, secret session. Regulations on the proposed
mission schools. July 20th, the matter of instructions to the newly appointed
csntador was referred to a com. The reglamento adopted in 1827 was
modified in some respects, the changes including provision for 3 sessions
i 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
e td dishing an ayuntamiento at Monterey and Sta Barbara, according tj the
bando of Dec. 15, 1S20, and decree of June 23, 1813, and consequently of
assigning bounds to pueblo lands. A salary of $20 per month was voted for
the teacher of S. Diego. July 24th, boundaries of the 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 j>roject taken up, and the first articles approved. See chap. iv. July
31st, Aug. 3d, approval of Echeandia's secularization plan concluded. Aug.
6th, thesubjectof convict settlers discussed, thedip. strongly disapproving the
sending of any more of them to Cal., expressing a desire to get rid of I
now here as soon as possible, but approving Echeandia's plan of a public
workshop for such as had trades. It Mas voted to ask the sup. govt tl at
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. 21 t.
24th, certain members ask and receive leave of absence for 15 days. Others
Mere to be summoned, but it seems this was not a success, Bince there were
no more meetings for more than a month. Sept. 29th, at Bandini's reque
difficulties of getting a quorum in attendance were puton record. Sept. 30th,
approval of land grants to Ignacio Vallejo and 1>< lores Pico, in accordance
with the colonization law of Nov. 24, L828. Oct. 7th, sessions closed b
several members wished to go home to attend to private business. Leg. Bcc,
MS., i. 130-72.
44 ECHEANDIA'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 meni-
25 Echeandia, Bando sobre Elecciones, 1S2S, MS. This document was in
substance as follows: 1-2. Elections to be primary, or municipal; secondary,
or of the partido; and tertiary, or territorial. Must be accompanied by pub-
lic pi-ayers. 3-G. Primary juntas shall include all citizens over 18 years of
age resident in the partidos. Sentenced criminals, men morally or physically
incapable, vagabonds, and domestic servants were not voters. 7-9. Primary
elections to be held on 3d Sunday in Aug. in plaza of the 4 presidios and 2
pueblos, presided by comandantes and alcaldes, in the morning after mass, a
secretary and 2 inspectors being chosen. 10-12. Challenging voters, etc. 13.
Municipal electors to be chosen as follows: 8 for S. Francisco; 5 for S. Josi;
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 c f
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. 2(3-8.
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 1S-22.) Credentials, a certified copy of the acta, given to the successful
candidate, and also sent to the president of the territorial junta. 3G-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-G. Election first of a diputado, and then of a suplentc.
Method as before, except that the meeting must be with open doors, the
voting viva voce, and 5 electors at least must take part. 47-52. Qualifi-
cations for a diputado to congress: 25 years of age, and two years of citizen-
ship in the state if not born in it; S 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 h
to renew the territorial dip. by electing the new members required, in th s
same manner as before. 58. After the election, all officers, electors, and elect
shall pass to the church, where shall be sung a solemn te deum of thanksgiving.
On pp. 125-30, in continuation of the preceding bando, there are partial
records of the primary and secondary elections at the different places except
S. Francisco. The clectora who met at S. Diego were Miguel Gonzalez de
Alava, for S. Jos<5; Jose Tiburcio Castro, for Monterey; Francisco Atanasii
Cota, for Sta Barbara; Manuel Dominguez, for Los Angeles; and Agustin V.
Zamorano, for S. Diego. Leg. Bee, MS., i. 126; Dept Bee, MS., vi. 1G7;
Adas de Elecciones, MS., 0-7. Iu the last-named authority, the election of
MAITORENA FOR CONGRESS. 45
ber of congress to take the place of Gervasio Argiie-
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-
giiello as substitute. This was a most extraordinary
choice; for Maitorena, though honest enough and
good-natured, was unreservedly given up to drunken-
ness, and had retained his place in the Santa Barbara
company only because he had when sober some skill
as an accountant. There were times, generally fol-
lowing illness and confinement in the calahozo, when,
like Kip van Winkle, he 'swore off"; perhaps it was in
one of these sober intervals that he was elected to con-
gress. But the honor was too much for the poor fel-
low. He was very drunk at Tepic, where he was the
object of much ridicule; he seems not to have been
in a condition to take his seat as diputado, and he
died in Mexico about the time his term of office ex-
pired.' 26
Maitorena by 3 votes and Argiiello by 4 is recorded, as also in St. Pap. .
MS., xix. 4S; Dept. St. Pap., S. Jo«6, MS., iv. 74; and Leg. Rec, Ms., i. 13 >.
Echeandia's bando is also found in Dept. St. Pap., 8. Jo<' : , MS., iv. 55-71.
Aug. 1 st, E. orders comandantes and alcaldes to publish the band). Dept. I. c. ,
MS., vi. 74. Nov. 182S, Jan. 1 829, E. orders Maitorena to start for Mexico. I '..
vii. 70; vi. 128. June 2i>, 1829, Echeandia explains to minister of ju
the arrangement of election districts, S. Gabriel and S. Fernando being
joined to Los Angeles, and Sta Clara and Sta Cruz to S. Josd. Id., vii. 23.
- 6 Jos6 Joaquin Maitorena entered the military service as a soldado distin-
guido, his father having becnan officer in 1S00; came to Cal. in 1S01 as cadet
in the Sta Barbara company; was made alferez in 1S0G; and after several rec-
ommendations from governor and comandante he was finally promoted to be
lieutenant of the company in 1827. Prov. St. Pan., MS., xxi. 58; Dept. Rec.,
MS., v. 39, 121-2; Doc. Hist. Cal., M J., iv. 655-6. 1816 21, corresp. of S la
andGuerra, with frequent mention of Maitorena's drunkenness, and bhe re lilt-
ing troubles to his family as veil as to the public service. Oiu rr t, D ■■ ,
in. 05-0,101,113; iv. 4, 16-19, and passim; Prov. St. Pap., Ms., >.\. HO. From
1822 to 1827 little is said on the subject, and it is probable that nun Joaquin
behaved himself better than before. His actions at Tepic, where he stayed
t .-. i months on his way to Mexico, are described in a letterof Manuel Varela,
dated Tepic, Aug. 1, 1829. Guerra,Doc., MS., vi. 135 7. Ee was constantly
intoxicated; attracted the attention of everybody by his foolish acti msand re-
marks; was initiated into a mock I d t masons; and had a ludicrous quarrel
with the treasurer to whom he applied for money on account of his vidti os. < !: r-
loa Carrillo, iu a letter from Tepici i April 2, 1831, gives the remainin f details
of Maitorena's life as learned from Navarro, bhe member from Lower Cal. tn
Mexico ho was rarely in his right mind, and wasn idition
to take his scat, though his credentials were admitted, and p
waspaid. He died probably late in 1830ofapopl
tion. Gverra, Doc., MS., iv. 199-200. The vagaries of tb in 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-
di'a, in the person of Lieutenant-colonel Jose Maria
Padres, who came up from Loreto in the summer of
1830. 2S To supply another urgent need of the terri-
tory, where there were as yet no lawyers, the licenci-
aclo Rafael Gomez was sent to California as asesor, or
legal adviser. He arrived about the same time as
Padres, and took the oath of office at San Diego on
August 18, 1830. 23 The political struggles, revolu-
also noticed in Alvarado, Hist. Cat, MS., ii. 122-6; Fernandez, Cosasde Cat.,
MS., 35-7; Vallejo, Hist. Gal., MS., ii. 1S-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, 1S30, annexes 24, 33, 37, 41, 43, 44, 52, 5(5, 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. Arrilla<ja, Jieco-
pilacion dc Leyes, 1829, p. 214-23; 1831, 24-36, 48.
28 In Mexico, Man. Guerra, lS.'lO, annex. 1-3, the force in the California3
is given as 422 cavalry, supported at a cost of §131,440. Feb. 11, 1830, ord ir
to merge the S. Bias company into the regular presidial companies. Sup. 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. 0; Carrillo (J.), Hoc, MS., 27-8j / , '■
St. Pap., Ben. Md., MS., lxxii. 21.
-•'{ ;,.in ::'-a takim;- |ki ';■ office. Dept. St. Pap., S. Jose, MS., iv.
91 ; Id., Mont., vi. 6; Id., Ben. Mi'., lxxii. 21, 42; Dept. Rec, MS., viii. 92.
lie had a salary of 83,000. The law creating the office seems to have 1 een
.laud July or Aug. 29, 1S29. In his report of Jan. 1831 the see. 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. Mi z co,
Mem. Justicia, 1831, p. 7, annex 4. Mexico, Mem. Hacienda 1S32, annex N.
Oct. 12, 1829, Vtrmond from M sxic > ann »unces tho appointment of the fol-
lowing officers for California: Rafael Gonsalez, administrator E custom a1
Monterey; Manuel Jimeno Casarin, contadorof custum-housc; Francisco 1'erez
A PENAL 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 w r as 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. Oaerra, Doc, MS., vi. 143.
30 Sept. 9, 1829, news of Pres. Guerrero's accession received. Dept. II' ',.,
MS., vii. 222. Feb. 19, 1829, gov. forbids communication with Acapulco,
and adhesion to the plan dc Pcrote. Id., vii. S7. 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, recommem Is the
opening of a road to Sonora, and one from Sta Barbara to S. Diego. Dept.
/,'.<-., .MS., vi. 17.']; vii. 17. Jan. 30, 1S29, minister of justice wants a I
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. Eelaciones,
1829, p. 21.
;;j April 29, 1S29, 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. A rriUaga, Be cop., 1829, p. 67 9. Oct. 21 b,
sec. of war to comandante of Acapulco. The go\ t v. ill Bend to ( !al. the fami-
lies of such convicts as may desire it. Id., p. 269 70. March 22d, the
expects improvement in the morals of the convicts, is preparing a
for their management, and to give them the means of earning an horn it liv-
ing, forwarding their families, etc. Mexico, M< i. Justl i, 1831 I, p. 13, I I
3:i l have before me the records of sentence of very many of these criminals,
with, name, place, date, and crime, in ! . MS., xxix. -Ii> s 80; s '.
Pap., Unr., MS., i. 82-9; Dept. St. Pap., Ben. Mi'., MS., Ixxx. 12 13; / I,
Ben. Cust.-H., MS., h. 484 5. I i i I < c >nvi
Maria Ester, with full particulars, in St. Pap., Ben., MS.,
Pap., Ben. Mil., MS., lxxii. 19. Listol 60 convict ced to < oruia
before Dec. 1S29. Vailejo, Doc, MS., \ i ti. B5; St. Pap.,S c, 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-
31 Sept. IS, 1829, E. to sup. govt. Dept. Ifec, MS., vy. 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 Maitorcna did make at least one honest effort to
serve his constituents.
35 The Maria Erter left Acapulco Dec. 19th, touched at S. Bias and S. Lucas,
and lost one convict on the voyage. The exact number varies from 77 to 83
i'i different documents. The Enriqueta was reported to be coming with more
convicts. Dept. St. Pap., MS., ii. 133; Id., Cust.-H., i. 32-3; Id., Ben.
Cust.-H., iii. 55-G; Dept. Iiec., MS., viii. 25, 28, 50.
3(i 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.
l-:5. 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.
( 'arrillo (J.), Doc, MS., 22. March 18th, Echeandiatocomandante 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. Ord, Ocurrencias,
MS., 25-7, says the convicts were in a naked and very filthy condition on
their arrival. Capt. Guerra furnished them with clothing, made a speech
encouraging them to good conduct, and personally employed S or 10. At the
islands a. fire soon destroyed all they had, and after a time, getting no relief,
fchi y built rafts, and all came over to the main, landing at Carpinterfa. The
narrator says tliat 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. Her., MS., viii. 122.
COMING OF THE CONVICTS. 49
ceivecl from all directions; and at Monterey a meeting
was held in May to pass formal resolutions and appoint
a committee to wait on the gefe politico, and urge
the importance of sending the convicts back on the
same ship that brought them. 37 The diputacion passed
resolutions of similar purport in August, as has been
noted in the legislative records; but meanwhile, in
July, there had arrived the Leonor, Captain Fitch,
with fifty more convicts, about whom we have less
information than in the case of the first company. 3 '
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 originate; 1 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,
Jose Castro, Antonio Osio, Juan B. Alvarado, Abel Stearns, Juan Cooper,
David Spence, and Wm Hartnell. 10 articles subsequently approved by
Eeheandia. Dept. St. Pap., S. Jos6, MS., v. 34-5. May 30th, alcalde (?) of
Monterey to governor, speaks of the excitement caused by the arrival, th i
greater because of the part taken by convicts in the Solis revolt; and begs La
the name of the citizens that they be not permitted to land. St. Pap.,
MS., x. 89-90.
38 July 21, 1830, arrival of the Leonor at S. Diego, where 23 of tin nvicta
remained. Dept. St. Pap., Ben. Cv&t.-H., MS., iii. 54; Dept. ffec, 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, ami many destined for
California were set at liberty.
39 According to Yallejo, Hist. Cal., Ms., ii. 69 73, Echeandia i
Mez. govt for sending convicts, on the ground of ignorance. 'El G >bierno
ignoraba que existiesen familias dceeiitesy de edueaeion en la peninsula,' b I
said to Lieut. Sanchez. A squad of soldiers came as a guard of thi
the first convict band. These soldiers seem to have l>een sent hack >
soon. Alf. Antonio Nieto commanded the last squad.
Hist. Cal., Vol. III. 1
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-
ing the leading roles, and the occasion being an insult-
ing toast by Pliego. Later in the year, as the records
show, Jose Castro was arrested on a charge of posting
pasquinades and of publicly expressing his patriotic
contempt for the Mexicans. 49
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 being the
defeated candidates. Next day, the 4th, they chose
three new members, as required by law, to • com-
plete the territorial diputacion, with the same number
of suplentes. The services of the officers thus chosen
belong to the annals of another decade. 41
40 Carrillo (J.), Doc, MS., 30-1; Alvarado, Hist. Cal, MS., ii. 116; iii. 8-
11; Vallejo, Hist. Cal., MS., ii. 113-15. 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 Californians.
41 July 12, 1830, Mexico, Reglas para las cleccionesde Diputadosy de Ayunta-
mientos, del distrito y territorios de la Republica, 1830. Printed copy from de-
partment of the interior in Vallejo, Doc, MS.,xxx. 99; also in Arrillaga, Re-
cop., 1830, p. 253-G3. 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;
Jose Pefia, 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 Adas de Elecciones, MS., 9-10; Luis Peralta, fromS. Jos6, was rejected
for want of proper credentials. Notice of Carrillo's election in Carrillo (J. ),
Doc, MS., 31; Dept. Rec, MS., viii. 104. Record of municipal or primary elec-
tions at S. Francisco Aug. 15th; 9 electors chosen. Vallejo, Doc, MS., i. 6;
at Los Angeles, 'same date, Los Angeles, Ayunt. 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-
cales 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 issue:!
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. 4 * 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 w T ives 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, Recop., 1828-31, passim. Law of 1827 in Id., 1S28, 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., MS., v. 23; Vallcjo, Doc, MS., xxxi. 5;
Dispos. Varia.H, ii. 55.
i3 Espanoles, Relation de los Militnres Espafloles, que han prcstado jura-
mento, con expresion de sits clases, edades, servitios, etc., 1828, MS. This list
was forwarded by Echeandia to the minister of war on Dee. 6th, and cod
the following names: Capt. Jose" Maria Estudillo; Capt. Jose Bandini; 1'. Ire
Antonio Menendez; Lieut. Narciso Fabrcgat; Capt. Jose de I I
Noriega; Manuel Gutierrez, ranchero and capitalist, 82 years old, I I \ •
Cal.; Vicente Cane\ one of the Asia's men; Juan .Mariner, retired artillery-
man with rank of lieut.— over GO — 33 years in Cal; Manuel Gutierrez, !">
years, 7 in Cal.; Francisco Caceres, 30 years, 11 in Cal.j Jose* Amesti, .'! >
years, 7 in Cal.; Estevan Munras, 39 years, 8 in Cal.; Antonio Sufiol, 33
years, 12 in Cal.; Ramon Espindola, artilleryman, 60 years; Antonio Pe ia,
artilleryman, 50 years; Francisco Garcia, invalido, Hi) years; Joaquin de la
Torre, 44 years, 25 in Cal; Francisco Cayuclas, 80 years; Jaime Monj A, 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 A
were also Jose Nadal, Francisco Fernandez, Francisco Filibert, I.'
sergt., Pablo Sobradelas, Jose* M* [glesias, trader, Miguel Culebras, ■
Rafael Romero, 30 years, suspected thief; Juan In. Mancisido J
supercargo; Antonio .lose Cot, already embarked; Franci
passport; P. Luis Marti nez, has passport. Contrary to the indication
title, many of those named had not taken the oath, but had been ordi
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. 4 *
Another branch of this national proscription was the
decree of May 10, 1827, debarring Spaniards from
holding any office or public employment until Spain
should recognize the independence of Mexico. Some
soldiers were discharged, and the officers Guerra, Es-
do so. There are several documents relating to different individuals of those
named above in Dept. Pec, MS., vi. 72, 93, 123-6, 153; vii. 204, 209; Dept.
St. Pap., MS., xix. 6-8, 19, 22, 45; St. Pap., Ben., MS., i. 73-5. Nov. 22d,
1828, Echeandia orders investigation of an insult offered to the national flag
on Sept. 16th; also outrages to old Spaniards. Dept. Pec., 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. 69. Dec. 14, 1827, R. C. Wyllie writes from
Mazatlan to Hartnell that all the states are expelling Spaniards. Vallejo,
Doc., MS. xxix. 182. May 9, 1829, Echeandia orders arrest of a Spanish
deserter who had forfeited his rielit to remain by serving two years under a
foreign flag. Dept. Pee., MS., vii. 156. May 30, 1S29, 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.
"July 6, 1830, Echeandia proclaims the law of March 20, 1829. Dept Pec.,
MS., viii. 190-1. July 24th, E. orders passports for the 6: Culebras, Obes,
Sobradelas, Francisco Fernandez, Iglesias, and Nadal. PL, MS., vii. 20S.
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. 42-6. List of the nine at first deemed liable to expulsion. Dept. St. Pap.,
Pei). JUL, MS., Ixix. 29-30. List of nine Spaniards who ask to remain,
mostly on the ground of infirmity. Munras, however, simply wants an ex-
tension of time. Dept. St. Pap., MS., xix. 11-14. Aug., 2 Spaniards at S.
Francisco; 2 at Los Angeles; and 16 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
Fogu<5), Jos6 Fernandez, and Luis Castro. St. Pap., Sac, MS., x. 49-52.
Calcbras asked for a passport, to Ross, but was refused. Dept. Pec, MS., vii.
235.
THE GOVERNOR'S DEMANDS. 53
tuclillo, and Fabregat were suspended for a time,
though by decree of the president they received half-
pay — quite as good as full pay in those days. 45 Yet
another phase of the feeling against Spain was the
patriotic alarm and enthusiasm caused by the report
that a Spanish 'pirate' was cruising on the coast.
" The time has come to show once more to the uni-
verse that before submitting to Spanish rule we will
repose in the sepulchre," was the way the governor
put it. 46
Returning finally to Echeandia, and to matters more
closely connected with the governorship, we note that
from the beginning of 1827 he had insisted more and
more earnestly in his communications to the supreme
government on certain reforms and on further assist-
ance to himself and the territory. He demanded a
subordinate gefe politico for Lower California; an
ayudante inspector, who might assume the command
in case of his illness or death; additional clerical aid,
or the funds with which to procure such aid; more
military officers and troops, priests, war- vessels, judges,
and above all, money and improved financial manage-
ment. And if such aid could not be afforded, he re-
peatedly asked to be relieved from his command. 4 '
Some of his requests were granted. Jose* Maria
45 Decree of May 10. 1827. Dept. St. /'»/<.. Any., MS., i\-. 3. Half-pay
order, Oct. 1829. /</., A'-//. Com. and Treas., MS., ii. 7: Dept. S
Ben. Mil, Ms., lxxix. 13. Guerra and others suspended. St. /'",<•■ v
x. (17; Ord, Ocwrencias, MS., 18. Sept. :;. L829, discharge of soldiers ordered
by Echeandia. Dept. Rec., .MS., \ii. 220. July L5th, a soldiei
Pap., Bt /. Mil.. .MS.. !:.'•<. Hi. I ' isan -. or I •■
of the Spaniards sent away, was a regidor of Monterey. Dept. /.'"■.. Ms., vi.
171.
ia Dept. Rec, MS., vi. 9-1, 107, 264-6; vii. 83, 254. The piratr was re-
ported to be the Griego, Capt. Juan de Mata; and the alarm fasted more or
less from L828 to 183!). The orders in 1828 were, however, tha
tains, sup dots, etc., of \ esse! i belonging to neutral nation
be allowed to transact their regular busine s ;>t the ports, but must be
watched and uot admitted to the interior. Dept. St. Pap., B< . Com. and
Treas., MS., i. ](>;,.
"Jan. !>, May 25, Oct, 17, 10, Nov. 7, 1 s-J7 -. Oct. 20, LS28; Aug. 11. 1829,
]•:. to different national departments, complaining of difficulties, asking relief,
and, particularly on Nov. 7, 1827, offering bis r i [nation. I
MS., ii. 4i;Dept. Rec, MS., v. 125-6, 131, L33;
54 ECHEAXDIA'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 Padres, but he
never came. Id., v. 3.
49 June 1, 1S29, 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.
50 Feb. 17, 1S29, 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. /(/. ,
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, 1S30, Victoria's appointment. March 11th, Minister Facio to
Echeandia, ordering him to surrender the gefatura of California to Victoria,
and of Lower California to Monterde. Sup. Govt St. Pap., MS., vi. G-7.
March G, 1830, Capts. Juan Zamora, Juan Aguayo, Geronimo Hernandez,
and Luciano Munoz; Lieut. Leonardo Diez Barroso, and Alf. Mariano Crecero
have been destined to California. Id., vi. o-U.
RECEPTION AT MONTEREY. 53
more cordially received in the north in 1830 than at
the time of his former visit; and except among the
padres and their adherents, he had gained considerably
in popularity/ 2
52 Gonzalez, Experieneias, MS., 26-7, describes his formal reception at Sta
Barbara by the ayuntaniiento. Alvarado, Hist. Gal., MS., ii. 150-7, says his
reception at the capital was enthusiastic, Lieut Estrada making for all the
citizens a speech of reconciliation, and the governor joining most heartily in
the ensuing festivities.
CHAPTER III.
ECHEANDLA AND HERRERA— FINANCE— THE SOLIS REVOLT.
1S26-1S30.
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— Joaqttin
Solis— Plan of November 15th— Arguello Declines the Command —
Solis Marches South — Echeandia's Preparations— Revolt at Santa
Barbara — Bloodless Battles of Dos Pceblos and Cieneguita — Re-
treat of Solis — Retaking of the Capital — Avila Captures Solis —
Trial — The Spanish Flag — Banishment of Hep.rf,ra 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
hnally 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
'Complaints are not very numerous in the archives, since the usclessness
of writing on the subject had been learned by long experience. The follow-
in;,' minor items on this topic arc 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 sperial taxes,
given by the padres more and more grudgingly as the
years passed by; and finally the supplies furnished di-
came with him to Cal. are paid, and there is much discontent among the
others. St. Pap., Sac, MS., xix. 32-4. Complaints heard by Beechey of non-
payment of dues, and of excessive duties which greatly increased prices.
Beechey's Vo>/., ii. 10. March 30, 182G, petition of soldiers, alleging that
they were getting la ration, nada mas, as in years past, notwithstanding the
promises of the govt. Repeated June 7th. 'j>(]>/. St. /'"/<., /!</>. Mi'.. MS.,
lvii. 13. April 30th, no funds to furnish $400 for the celebration o!
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 lias no funds to supply blankets; great want >•(
money and food; impossible to get a loan, it/., i. 7'->. Feb. 5th, gov. Lends
8000 in view of the urgent needs of the soldiers. Dept. Rec, MS., v. 21.
July 5th, complaint that S. Bias company do not get their share of SUpp
/'/., v. 58. Nov. 21st, decree of national govt on a loan, put of which Is to
go to the relief of California. Sup. Govt St. /'"/<., MS., sx. 8. L828, M
."id, troops naked and in great want. Could get no part of their dues. Dept.
St. Pap., r>in. Mil., Ms., lwi. 68. Same date, gov. tells com. gen. that
no supplies have been sent fr Mexico for a considerable time! Dept. /.' .
vi. 7. March 10th, eight soldiers at Monterey granted Leave of absence
and earn their bring for .'? months, for want of funds at Monterej
Pap., Ben. Mil., MS., lwi. 24-5.
5S 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,
and a considerable supply of very bad tobacco. To
estimate the actual revenue with any approach to ac-
curacy would probably have been wellnigh impossi-
ble at the time, 3 and is entirely so now. Fully col-
lected and honestly administered, the total revenue
could hardly have amounted to one half the nominal
expenditure; and indications are not wanting that a
considerable portion was lost to the troops through
smuggling operations and the rascality of officials.
Moreover, there were charges of partiality and injus-
tice in the final distribution of the net product, cer-
2 On the $22,000, see chap, 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. 1823, Enrique Virmond seems to have
accepted drafts from the presidial comandantes to the amount of about S3, 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, 108, 170.
Virmond had exceptional facilities for getting his claims allowed by Mexican
officials, and he probably lost nothing. Nov. 11, 182S, 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 $7,202, of which sum $1,564 had been repaid
down to June 29th. Hartnell also lent the govt $7,100 in 1827; the draft
signed by Herrera was not accepted in Mexico, on account of some alleged ir-
regularity; and on Nov. 20, 1830, Hartnell petitions the gov. on the subject.
Vallejo, Doc, MS., xxx. 154.
3 Eel). 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 182S in Bandini, Doc,
MS.. 8.
SUB-COMISARIO AND HABILITADOS. 59
tain presidios, and certain classes of troops, being fa-
vored or slighted.
During the Spanish rule, and the interregnum that
followed, the provincial finances had been managed — ■
for the most part honestly, if not always with great
skill, so far as accounts were concerned — by the habil-
itados of the respective companies, one of whom in
the later days had been named administrator, with
very little authority over the others. On the estab-
lishment of the republic, Herrera had been sent, as
we have seen, in 1825, as comisario to take charge of
the territorial finances as a subordinate of the comis-
ario general of the western states Sonora and Sin-
aloa. The instructions to Herrera are not extant;
but it is evident from subsequent communications of
himself and his superiors that he had exclusive con-
trol of the treasury department, and was indepen-
dent of the gefe politico, except that like any other
citizen he was within the civil and criminal jurisdic-
tion of that officer. The habilitados, the only per-
sons in the territory qualified for the task, served as
Herrera's subordinates for the collection of revenue
at the presidios, so that locally there was no change.
Whether the comisario appointed them voluntarily
or in obedience to his instructions does not appear;
but their duty w T as simply to collect the revenues and
pay them over to Herrera, their duty as company
paymasters in disbursing funds subsequently re-ob-
tained from the comisaria being a distinct matter.
Naturally the habilitados were jealous from the
first of the authority exercised by their new master,
and were displeased at every innovation on the old
method under Estrada's administration. Moreover,
Jicrrerawas 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
60 ECHEANDlA 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. Bee, 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. Ask3
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. Threatensto 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 blamedfor reporting these
things, since he had positive orders to do so. Id. , i. 23-34. Oct. 16th, H. to E.
(Hi the details of business, explaining his efforts to getalong with an insufficient
revenue. Complains of habilitados for not rendering accounts, and for drawing
drafts on him when they knew lie had no money. Protests against paying
one company more than another; and claims that in case of urgent need the
soldiers should be preferred to officials. Id., i. 56-60. Dec. 1st, H. com-
plains that his orders are disregarded, and that Estrada refuses to render ac-
counts. Repeats the complaint a little later, with threats to report to Mex-
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 Gazda of Guadalajara. Id., i. 72-3, 89-91, 14.
CHARGES AND INVESTIGATIONS. Gl
honestly" throughout the quarrel, especially in opposi-
tion to the statements of several Californians who
remember the controversy. 5 It is my opinion, how-
ever, that the class of Californians represented by
Alvarado, Osio, and Vallejo look at Herrera's acts
through the colored glasses of political prejudice; and
that among other classes the comisario was by no
means unpopular.
In April 1827 Echeandia ordered a secret investi-
gation of Herrera's administration, to be conducted by
Zamorano. The proceedings were begun at San Diego
the 30th of April, and afterwards continued at Mon-
terey and Los Angeles in May and June. The main
charge was that the comisario had, on his wa}' 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, 132-4G, 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, Beminis., MS., 91-2, represents H. as
intriguing with the support of the padres to unseat Echeandia and put himself
in power. Duhaut-Cilly, Viw/gio, i. 2S2-G, describes the quarrel without
attaching much blame to Herrera; and it is to be noted that Mrs. Ord, one of
the clearestdieaded Californian writers, personally friendly to Echeandia, ex-
presses no opinion on the merits of the parties to this quarrel. Ocurrencias,
MS., 20-1.
°IIerrera, Causa contra cl Comisario Sub-PrincipcU d\ Californias, Jo-i4
Maria Herrera, IS J7, MS.; also an abridged record in the archives. Capt.
Guerra testified that of the 822,000 the Sta B. Co. had got only $3,600; knew
not what had become of the rest; had heard that the monej 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 liter date, Maitorena
attempts to show some irregularities in the collection of duties from the -Y
in 1S25. 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. Alt'. Romualdo Pacheco noticed at
S. I'.la . that only$6,500 of tlie $22,000 was reshipped, and was told by .1. ,M.
Padres that H. nad invested the balance in goods, having admitted as much
to him, Padre's. It was a notorious fact thai Brii iods at
the presidios, towns, and missions of Cal. Alt". Juan •',,„■ Etocha • infirmed
62 ECHEAXDIA AND HERRERA— THE SOLIS REVOLT.
charge well founded; and it must be admitted that
the testimony against the cornisario, 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 good3
which he had brought to California and sold, $3,000 belonged to his friend
Tejada, a trader of Saltillo, and $1,500 had been committed to him by H. as
belonging to his (H.'s) cousin. Full particulars were given of his dealings.
But by the testimony of Ignacio M. Alvarado it was shown that Bringas,
while refusing to testify on various pretences, had sent a messenger post-haste
to Monterey and had received a message from H. Capt. Portilla's opinion
was, therefore, that Bringas had testified falsely under instructions from II.,
whose accomplice he was. One of the documents exhibited by Bringas, in
support of his testimony, was a draft bearing the name of Wm. A. Gale,
written Galle, and pronounced a forgery by Gale himself, who denied that lie
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 II.
had invested a part of the public funds for his own account at Tepic, since of
the .$22,000 only about §8,500 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 10th, Echeandia in a circular orders the ap-
prehension of Bringas, who is to be compelled to testify. Dept. Iiec, MS., v.
53. April 20th, E. to com. gen., says that H. has not acted properly, and
that proceedings have been instituted to prove his misbehavior. Ll.,\. 136.
July 10th, II. to gov., with renewed complaints on the disregard of his orders
by Martinez, Estrada, and Argiiello. Dept. St. Pap., Ben. Com. and Treas.,
MS., i. 70-9.
ACTION OF THE DIPUTACION. C3
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-
n Leg. R<r., MS., i. 01-10]. For contador the tenia was, 1. Pablo<
2. Joaquin Estudillo, 3. Manuel Dominguez. I'm- treasurer, L. Jose ^
Carrillo, 2. Jos6 Antonio Estudillo, 3. Antonio Maria Osio. In tbe fir I
Ortega, Bandini, Carrillo, and Buelna voted for suspension; Estrada o
and Tapia reserved his vote. Romualdo Pacheco was the suplente called in,
but the final vote was secret, no names being given.
8 Appointment of < ronzalez, whoBpoke English, as contador, Julv23d. L g.
Rcc, MS., i. 04, 01; Dept. Rec, MS., v. 71. Aug. 7th, Echeandia to com.
gen. Says lie lias forwarded bo the secretary oi the treasury bhe rel in-
vestigations against H., whom the di] t of a
suitable man to take his place, fd., v. 138. Sept. 19th, II. I
complaining that the ministro tl ■ ques-
tions. Dept. St. Pap., Ben. Con . and Treas., MS., i. 91.
G4 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. Bee. , 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. Bee, MS., v. 91-2, repeated Sept. 27th.
Sept. 20th, H. to Estrada, announcing his resignation. Vallejo, Doe., MS., i.
110. Sept. 26th, gov. to Estrada, announcing and explaining the change.
The complaint was in the matter of furnishing supplies and rations, and the
theory was that Gov. Argiiello had given up to H. at first powers to which
he was not entitled. Id., i. 109. Same date, Echeandia notifies Prefect Sarria
of the change. Arch. J rzob. , MS. , v. pt i. 38-9. Echeandia's argument quoted
in Vcdlejo, Hist. Gal., MS., ii. 172-4. E. says in 1829 that H. 'se suspendioy
tenazmento se neg6 en el ejercicio de todas sus funciones destle el dia 20 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. Bee., 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. Pop. , MS. , ii. 41. Oct. 3d,
E. to H. Never told him not to manage the funds entering his oifice; 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. Bee., 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
his place; and the governor, to whom he was in no way responsible, was the
only one to blame. If charged with criminal act3, he was ready for trial; if
FINANCIAL AFFAIRS IX 1823. 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 by Estrada before the coming of Herrera; 11
and Juan Bandini was appointed at about the same
time as subordinate comisario at San Diego. Mean-
while Herrera continued his protests against being
kept in California; could obtain neither a trial nor a
passport; but made some efforts to obtain material for
a later prosecution of his adversary. Echeandia was
greatly blamed by both the comisario general and the
minister of the treasury for his course towards his
foe; but he defended himself as well as he could in
writing, and insisted on keeping Herrera in the terri-
tory and holding him responsible for all financial ills,
present and prospective. 12
not, tliei-e 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
\. '■ . hamefully transgressed, as he was ready to prove. He also claimed his
arrears of salary, he having received only §120 in a year, and having to sell
his furniture to keep alive. Dept. St. Pap., MS., ii. 51. Oct. 16th, E. to
comandantes, alcaldes, etc., announcing his action towards H., urging habili-
tados to attend carefully to their duties, and explaining why II. was notallowed
to depart — that is because at a distance it would be hard to prove \\.'* frauds or
justify his own action or that of the diputacion. Dept. Rec, MS., 101, L03j D
St. Pap.,S. Jose, MS., iv. 49-50; Dept. St. Pap.,Ang., MS., xi. I. 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. Rec, MS., v.
139. Nov. 27th, E. tells the comandante that the company officers had
oever been free from responsibility in the matter of finances. /</.. v. 105.
11 Dept. Rec., .MS., vi. 13, L33; L<\i- Rec, MS., i. 286. Oct. 6th, 1'. Antonio
Jimeno writes to P. Peyri about getting for his brother the position
lector of customs. Peyri replies that he should obtain a certi i
and security for 84,000. Perhaps Jimeno did not take possession until -i in.
I, 1829. Vallejo, Doc, MS., xxx. 308.
1 'Jan. LI, 1828, gov. to rain, of war. Defends himself againal cha
usurpation by the mm. of the treasury. Some of the chargi 9 had at>]
been printed, for which satisfaction is demanded. Dept. Rec, MS., vi, 18
19. Feb. 22d, H. asks for a pa roortto > and render his accounts i I
tlan. St. Pap., Sac, MS., x. 101. March 1st and April 26th, <
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
Uist. C'al., Vol. III. 5
CO ECHEANDIA AND HERRERA— THE SOLIS REVOLT.
A kind of revolt occurred in the north in October
1828, with which Herrera's name is connected as
instigator by Alvarado, Osio, and Vallejo, without
the slightest foundation so far as can be known.
There is indeed very little information extant respect-
ing the movement, although I have the statements of
several old Californians on the subject, including two
of the leaders, Jose de Jesus Pico and Pablo Vejar.
It appears that on the 8th of October, a large part of
the cavalry soldiers at Monterey, joined by those of
the escoltas who left their missions, refused to serve
longer unless 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 await
the decision of the supreme government on their
fate. 13 All agree that want of clothing and food was
been sent to his superior officer. H. is also reprimanded on the same date for
failing to report properly on E.'s misdeeds and other matters. 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. Id., Ben. Com. and Treas., i. 92-3. Aug.
7th, E. says he did not intend to prevent H. from travelling by land within
the territory. Dept. Bee., MS., vi. 79. Sept. loth, E. to com. gen. Says
H.'s charge that he and the diputacion deprived him of his office is false. /(/.,
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.
Bee., 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. Bee., MS., vi. 36. Nov. 7th, comandante of Monterey has
i tade known to the troops the governor's pleasure at their loyalty in reject-
ing the proposals by some degenerate mil/tares. Vallejo, Doc,, MS., i. 159.
Jan. 1829, fiscal'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. G7
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
Jimcno, 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.
< 'a!.. MS., 123-3, says 40 soldiers, not including the older sergeants ami cor-
porals, marched 12 leagues to Codornices Mt., and were induced to come
back by Pachcco 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, they instinctively obeyed his order to march back to their quar-
ters, where they were under arrest for many months. Pico, Acontt cimit ntos,
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 rerpicst of their friends
and families, and were put in prison. Vejar, Recuerdos, MS., 8 9, Bays 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, Reminiscenciaa, MS., 8-9, says that Arc
leader, and that the rebels went as far as Sta Cruz, S. Juan, and v .
Avila, Cosas deCul., MS., 25-7, saw the rebels form in line near her husband's
house to return with Pacheco. She says Wjar was the Leader, and fchi b
in prison all were terrified at threats oi being put to death. Amador,
nets, MS., 80, tells us it was a long time before all returned to duty.
and Jos6 de Jesus Vallejo, Reminia., MS., 15 L6, represenl the soli
having been in a pitiable state of destitution when they were dri en to
ordination. Mention of the affair in Lugo, Futa, MS., L3; Lariat, *
atoms, MS., 8; Orel, Ocurrencias, MS., 21.
"Oct. 20th, gov. to min. of war. St. Pap., -Sac, MS., x. 3S-9.
CS ECHEAXDIA AND HERRERA— THE SOLIS REVOLT.
arrest, were rendered reckless by current rumors that
they were to be shot; 15 Herrera and some of the
friars, from motives of personal hostility, were willing
to encourage any movement directed against Echean-
dia; and finally the records, without clearly implicat-
ing any prominent individual, leave room for a suspi-
cion that most of the officers at Monterey and San
Francisco were at the least not very earnest in their
opposition to the rebels, though lacking confidence in
their success and courage to take risks.
In June two soldiers revealed to Alferez Jose* Fer-
nandez del Campo a plot of the troops to rise against
the governor and all those de la otra banda, with a
view to put all the offices in the hands of Californians.
The outbreak at Monterey was to take place June
22d, but the plan was revealed on the 18th. The
leader was Joaquin Solis, a convict ranchero, living
not far from the presidio. Solis was a companion of
Vicente Gomez, El Capador. Like him, he had ren-
dered service in the war of independence, and like
him, had been sentenced to California for brutal
crimes, which, but for his past services, would have
been more severely punished. This revelation strangely
seems to have caused no special sensation. There was
a formal examination of several witnesses, with some
official correspondence. Difficulty was experienced in
inducing any officer to act as fiscal, or prosecutor, and
finally the matter was dropped for reasons not ap-
parent. Stranger still, this affair was ignored in all
the proceedings arising from later troubles. 16
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,
Acortt., MS., 10-13; Larios, Couvulsiones, MS., 8-10; Avila, Cosas de Cal.,
MS.. 25-S.
16 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.
/ ., MX., vi. 10. June 25th, Alf. Fernandez reported to the com. the revela-
tion i of Mariano Peguero, corporal of artillery, and of private Pedro Guerrero.
< l-abriel 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. CO
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 Koch a 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) lead
no intelligible result. Dept. St. Pap., Ben. Mil., MS.,lxix. 15-19. Julj 1st.
gov. to com. of Monterey. Orders arrest of Solis, Espinosa, and Torre, and
examination of Elizalde, Guerrero, and Fernando Curiel. Dept. St. Pap., MS.,
ii. %-7; Dept. Z?ec, MS., vi. 187. July 8th, gov. orders artillery comandante
to redouble his efforts to prevent the threatened revolt. Id., vii. 193. Sept.
22d, Jose T. Castro, alcalde, assures Echeandfa 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 m forbidden arms. Vallejo, Doc., MS.,
xxix. 419.
17 The details of the arrests are given at considerable length in b>
to be referred to later. R. Torre, Vejar, Leon, Do] I pinosa, and
afev artillerymen composed the party that took Vj Ee was caU
pretext of an Important message just arrived, but suspecting something, i
not come out; therefore the door was kicked in afte I
Vejar, and Espinosa arrested Jimeno. Several witnesses testified that Alva-
rado and ( 'astro were imprisoned. Avila, < 'osasde Cal., MS., 25 8, •
Vdjar at the lime that the object was to make 1 and
learn how the soldiers had to live. Spence, Ht8t. A
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 petition or 'representation' to Echeandia
on existing evils — to Jose Maria Herrera. The ex-
took the officers of the presidio by stratagem. Alvarado, Hist. CaL, MS., ii.
148-59, says he and Castro were sleepiugin 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
relieved to hear from Jimeno, the last prisoner brought to jail, that the plot
was to overthrow Echeandia, and not, as he had feared, to plunder the town
and ilee ou one of the vessels in port. Torre, Bernini's., MS., 10-21, says his
brothers Raimundo and Gabriel were in command of the escoltas of S. Mi-
guel and S. Luis respectively, and came with their men and those of S. Anto-
nio and Soledad, arriving on the night of the revolt. Osio, Hist. CaL, MS.,
125-51, tells us that Rocha, Vallejo, and Fernandez dclCampo had repeatedly
warned Echeandia of the danger, without his having paid the slightest heed.
Vejar, Recuerdos, 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, L829, summons to Solis to take the command, in Dept. Sf. Pup.,
Ili, 'i. Mil., MS., lxxii. 45, signed by Peguero, Leon, Gabriel de la Torre, and
Petronilo Rios. See also Id., p. 40, 43, 53, 55.
A PRONUNCIAMIENTO. 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, McCulloeh, 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 t < >
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
c\ils. 20 The avowed object was to put the territory
"There arc several vague allusions in the testimony to two brazosfiu rtes,
on whom dependence was placed. One waa supposed to be Herrera, and the
other 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
land. H. in his testimony said he first knew of the trouble \\ lien in le
night of the I2tb lie heard a noise in Jimeno's room next to his own. and
i hed oni sword in hand to d< fend him. Next day he wasoffered the coni-
isaria, but declined, and advised the rebels to await the arrival of Osio, who
already had the appointment from Echeandia. lie again decline. 1 the office
when offered bj Solis. lie was asked for a.K ice. and gave it in th<
rood order. He subsequent!', agreed to dictate the plan on condition that
the officers should he set at libei tj . and w itli a \ u \ pect for the
orities, to prevent outrages on persons and property; in fact, to control
for the good of the territory so far as possible a, revolution w hi. h he was po\i -
io prevent. Dept. St. Pap., MS., btxii. 71-4. [tie fair I
this defence was at. least plausible, and that there i reallj no evidence of any
weight against its accuracy, except the statements of persons liable to be in-
fluenced byprejudice.
10 Solis, Mani/iesto al Ptibl ■ ■'■ Revolm It was
Bigned by Solis; Peguero, Leon, Rios, and Gabriel de la Torre. 1
72 ECHEANDIA AND HERRERA— THE SOLIS REVOLT.
in the hands of a temporary governor appointed by
the diputacion. There was no need of a such a revo-
lution, or at least no reason to expect relief from such
measures ; the charges against Echeandia were grossly
exaggerated, since he was merely a weak man placed
in circumstances where a strong man could have done
but little; but the prevalent destitution among the
troops was real, and was perhaps a sufficient motive
the document was as follows: The sup. govt, which is ever anxious
for our good, and to which we are ever obedient, sent a governor who has
failed to comply with his instructions; has scandalously abused his au-
thority; has devoted himself to his own interests and comforts and those of a
few men about him; and has paid no attention to the complaints of hungry
and naked soldiers. The laws call for a diputacion chosen by the people; but
the gefe fails to either convoke that body or to explain his reasons for not
doing so, and consequently agriculture, commer:e, education, and other vital
interests are grossly neglected. Two years ago the gov. suspended the comisa-
rio of the revenues for reasons not known, which has resulted in the most
scandalous mismanagement of the public funds. The administration of jus-
tice and military discipline are in a state of detestable abandonment; im-
morality and crime are rampant; and all results directly from the ruler's neg-
lect and lack of energy. Therefore, having endured all of misery and neglect
that is humanly possible, having resorted in vain to every other expedient,
the troops have resolved to use force, and to support the following plan: 1.
The diputacion shall meet in due form with all its members. 2. When it haa
assembled Echeandia shall resign all his powers to the dip., which shall
appoint a person worthy of confidence to serve until the arrival of a new
gefe sent by the sup. govt, who will be immediately recognized. 3. Both
this aymitamicnto (of Monterey) and those of other places will name proper
persons to manage the revenues provisionally in accordance with the laws. 4.
The troops will remain under their old officers, if the latter agree to this plan;
otherwise they will choose a sergeant or corporal as comandante, who shall
acknowledge the authority of the gefe appointed by the diputacion. 5. Com-
mandants of troops will apply for pay and supplies to the respective adminis-
trators of revenue appointed as above, ami never to missions or private
persons. G. Only alcaldes may apply to missions for supplies, giv-
ing proper receipts, and delivering the product to the administrators.
7. In very urgent cases the ayuntamiento and administrator may require a
moderate loan from private persons, the amount being proportioned to their
means. 8. Persons and property to be fully protected, especially in the case
of foreigners belonging to a friendly nation. (Herrera added to this article a
note in his own handwriting which extended the assurance of protection to
the Spaniards already living in the territory — that is, leaving all further ac-
tion against them for the sup. govt and the new governor to dispose of.) 0.
An eloquent peroration, in which the prommciados declare that they will never
lay down their arms until their object is accomplished; that no violence
will be used beyond what is necessary in defence of their rights; that
there will be no persecution of opponents; that anxiety may lie banished
from the minds of all, citizens or foreigners; that the object was to reestab-
lish and not to overthrow the government; that 'the military appa rains which
has caused alarm is only the effort of free men against tyranny, and the
use of this last resource made everywhere to overthrow tyranny by soldi ra
overwhelmed by misery, weakened by hunger, and fully awakened by the
painful spectacle daily presented to their eyes of a dear wife and tender
children, naked, and on the point of becoming victims to indigence.'
REBEL ORGANIZATION. 73
for mutiny. It was natural enough that all existing
evils should be popularly attributed to the ruler, and
could the soldiers have induced some popular and in-
telligent officer to take the command, the movement
would have been successful so far as the overthrow of
Echeandia was concerned.
Soon after his arrival at Monterey, Solis transferred
the imprisoned officers from the calabozo to the ware-
house. Meanwhile Raimundo de la Torre was sent to
San Juan, where he lay in wait for and captured Fer-
nandez del Campo, an officer who at the time of the
revolt was absent on an Indian expedition. His men
joined the rebels, and the leader was brought to the
presidio under arrest. Whether he also was locked
up with the rest does not appear; but in a few weeks
all the prisoners were released at the intercession of
fi >reigners, and on the advice of Herrera, much against
the wishes of some of the soldiers. Vallejo and Rocha
were however sent south in the Broohline. Stephen
Anderson carried copies of the plan to Santa Barbara
by water, and Meliton Soto, a citizen, was sent south
with letters calculated to advance the rebel cause,
while Raimundo de la Torre read the plan to the sol-
diers el' every escolta from Solcdad to San Luis Obis] n >.
The ayuntamiento of Monterey, headed by Tiburcio
Castro, the alcalde, accepted the plan, proclaimed it to
the assembled citizens, and urged its acceptance by
other towns. 21 Castro turned over the municipal
funds, and replenished the rebel treasury by imposing
a tax or loan of a few thousand dollars on the traders,
chiefly foreigners. In accordance with the plan, an
administrator of revenues was chosen, the posil
being given to Antonio Maria Osio, who accepted
When all had been arranged at the capital, General
"Nov. 1(1, 1829, Alcalde Castro to Solis, to Dept. St. Pap., Ben., MS., v.
359-GO.
"Nov. 16th, Tiburcio Castro's statement. Dept. St Pap.,B ,MS
In his HistoHa de Califi ruia, MS., I I . ■■ i naturally calls at-
tention to the fact that hcli.nl bei Echeandia,
74 ECHEANDIA AND HERRERA— THE SOLIS REVOLT.
Solis 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
vague and unintelligible. At San Juan and Santa
Clara Solis received supplies and money to the amount
of a few hundred dollars; but Padre Duran at Mission
San Jose, not in the comandante's route, declined to
contribute, on the ground that he had no official knowl-
23 Nov. 21st, Pacheco to Solis. Says he is not capable of undertaking the
command, having neither talent nor disposition for it; but he was willing to
serve his country in any possible way. The following items are from the vari-
ous statements made from memory: Pablo Vejar, Becuerdos, MS., 9-17, says
ho had for a week the key of the comisaria, 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 vis that Castro was forced to lend 81,000 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
de la Torre, Reminis., MS., 12-14, gives some details of the capture by his
brother of Fernandez delCampoat S. Juan. Vallejo, Hist. Cal., MS., ii. SU-90,
attributes his release to the efforts of the foreigners headed by David Spence.
He says Sergt Cervantes was also sent south in the Broohline. 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 Gal., 69-70, says that Solis seized about 83,000 in the comisaria, and
levied a contribution on the inhabitants. James O. 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
i:i hopes to have one shot at the general with my rifle. But my countrymen
said it was enough to give counsel and funds at first, and it would be best to
see how they managed their own affairs before we committed ourselves by
taking an active part in them.' Pattie's Xar., 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. 24 At San Francisco Solis
and his army were received with an artillery salute;
the whole garrison promptly joined the rebel cause;
Jose Sanchez was made comandante instead of Mar-
tinez; and that is practically all that is known on the
subject. 25
At San Francisco Solis tried to induce Luis Ar-
guello 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
24 Nov. 22d, Solis announces that ho is near S. Juan, anil his men need
clothing. Dept. St. Pap., Ben., MS., v. 3G9. Nov. 2.3th, Alcalde Archuleta
seems to accept the plan. Id., v. 357-S. Amounts of money obtained, $] ID
at S. Juan; $100 at Sta Clara; and $200 at S. Jos<5. Dept. St. Pap., Ben. Mi!.,
MS., lxxii. 4G. Nov. 26th, Solis, at Sta Clara, to ayunt. of S. Jose. Must
I ive d00 from municipal fund or nearest mission in order to resume his march.
S. Jo >■, Arch., MS., vi. 14. Nov. 39th, Id. told, from S. F., again demands
money to supply the troops. Id., vi. 1,3. Dec. 1st, P. Duran declines to ^ive
$200 for a comandante general interino of whose authority he knows no1 !
Id., vi. 17. Dec. 4th, Gth, Solis, at S. Francisco, to the ayunt. , aru'uiiu, f the case
a ; against P. Duran. The beauties of the plan and the duties of all, including
friars, under it are earnestly set forth. Id., vi. 12, 11. Dec. Gth. Solis. hark
at Sta Clara, gives receipt for 8100 of the tithes of S. Jos6, and $200 of Sta
Clara. Id., ii. 49. Dec. 11th, Solis, at LaLaguna, with complaint against the
alcalde of S. Jose for nothing in particular. Id. , i. 33.
rj Feb. 19, 1830, Martinez writes to Echeandia, that on Nov. 15, 1829,
Solis was about to attack S. Francisco and he prepared to resist him, but found
the troops so demoralized and so disposed to join Solis that he was ol iliged, not
to accept the plan, but to remain neutral and await results. Nov. 30th, ho
was ordered to deliver the military command to Jose" Sanchez and the habili-
tai ■ in to Francisco Sanchez, and also to remain in his house as a prisoner.
/ , St. Pap., MS., ii. 129. It would seem that on the final approach of
Soli . Martinez had some idea of resistance, for Nov. 19th he \\ roti
q king for a reinforcement of 10 vecinos. S. Jose", Arch., Ms, i. :;.!. In Feb.
and March 1830 Corporal Joaquin Pifla, who had been in command of I
tillery in the past Nov., was accused of insolence to Martinez on Nov. 2
v hen he came by order of Solis, then at the mission, to demand aimnu.
for a salute. Pifia denied the insolence, but in turn accused Mai inez of hav-
ing approved the plan when it was first read, Nov. 21stor22d, and of having
sent to Solis a written surrender of the presidio, mu
but with the approval of Franci codeHaro. Dept. St. Pap., /•' - M .
bcxi. 21-8. All of the Californian writers mention the expedition I »S. Fran-
cisco, but none give details. Osio, however, 3 met with D
position from Marl u
76 ECI-IEANDIA 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 Pina the artillery. Beyond the facts that the
army was at San Miguel December 28th, got plenty of
supplies at each mission, and was in such good spirits
at Santa 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.
2fi The march south, organization of the army, trifling details. Dept. St.
Pap., Ben. Mil., MS., lxxii. 41, 45-0, 70-7, and scattering. Jan. 15, 1S30,
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 nun. S. Jos6, Arch., MS., i. 37. Osio, Hist. Caf., 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 Pina?), as he
did.
REVOLT IX 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 hatred, to avoid the ren-
dering of accounts and exposure of his frauds, and
either to escape by some vessel, or more likely to
declare for Spain or North American adventurers.
Echeandia does not fail to make the affair a text for
discourse on the difficulties of his position, and the
urgent need of aid from Mexico. 28 He left San Diego
on December 1st and reached Santa Barbara the 15th,
after having made arrangements on the way for re-
enforcements to come from Los Angeles, and for a
meeting of the diputacion, as elsewhere related.
At San Diego the rebellion obtained no foothold; 29
but at Santa Barbara in the early days of December,
before Echeandia's arrival, the garrison rose much as
at Monterey, and held the presidio for nearly two
days. The outbreak seems to have taken place just
after the arrival of Meliton Soto with despatches from
the north on the 2d. The coming of such a messenger
had been expected, and a rising had been planned
since the beofinninof of November. It was now settled
27 Nov. 25, 1829, Echeandia's circular. Dept. Rec, MS., vii. 257.
28 Nov. 27, 1S29, E. to niin. of Mar. St. Pap., Sac., Ms., v 53 5. He is
hard pressed by numerous duties, the difficulty of maintaining harmony with
bed 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 nun from Sonora to establish com-
munication by laud.
'-"'Xnv. 26, 1829, Echeandia orders the comandante to summon the militia
in case of need to serve against Solis. Dept. Rec, MS., vii. 258, Dec. 30th,
Argiiello assures E. that all at San Diego are opposed to the plan and deter-
mined tosupport the govt. Dept. St. Pap.,M.S., ii. 92. Sergt Jose" Maj a
Medrano was accused by P. Menendezof Baj Lag that he had expected
break since July, and that had he been a1 Monterej he would bav<
the plan; but after investigation the padre's testimonj 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 cora-
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 was
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. 80
Echeandia put Santa Barbara in the best possible
state for defence. Pie obtained reinforcements 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
6 who ran away; also Jos6 Maria Perez. Luciano Felix, and Ex-alcalde Fer-
nando Tico, who spoke of Anastasio Carrillo as the prospective comandante.
Soto in his testimony, Id., G'2-3, 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, Experwncias, 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. 56. Mrs Ord, Ocurrencias, MS., 28-32, tells us that all
the artillery revolted except Corporal Basualdo, who took refuge in the com-
andante's house.
CAMPAIGN OF SAXTA 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 obstaele*
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 fco
Dos Pueblos, even coming in sight of the foe on fche
13th. Pacheco and his men immediately executed a
S1 Thirty-one citizens went from Angeles. Dept. St. Pap., Ben.Mil., MS.,
l.wiii. G0-1. Dec. 20th, Echeandfa directs padres of Sta Inea and Purfsima
to send to Sta Barbara all people capable of bearing arms; also all spare ani-
mals and supplies to keep them from the bands of the rebels. Dept. /.'• ■ ■.. MS.,
vii. '2GG. Jan.."., L830, E. orders alcalde of An ' armed and mounted
citizens. Id., viii. •_'. Pacheco's advance | uard consisted of .'><> pf the x
ompany, 8 artillerymen, 30 of the regular presidial company under Alf.
Pliego, 20 of the S. Diego company under Alf. Ramirez, and about LOO neo-
phytes with bows and arrows. St.
"Jan. 7, 1830, proclamation. Dept. /.'<■.,. Ms., viii I.
13 Id., viii. 4-7.
SO ECHEANDIA AND HERRERA-THE SOLIS REVOLT.
change of base to prevent being cut off — that is, they
retreated from Cieneguita as fast as their legs would
carry them, and took refuge in the presidio. 34 Solis
seems to have come somewhat nearer Santa Barbara,
but we know little in detail respecting what occurred
for three days. Echeandia wrote to the minister of
war : " On the 1 3th the rebels came in sight of the divi-
sioncita of government troops, and from that time
by their movements and frivolous correspondence en-
deavored to gain a victory; but knowing the useless-
ness of their resources and the danger of being cut off
on their retreat, they fled precipitately at dusk on the
15th in different directions, spiking their cannon, and
losing twenty-six men who have accepted the indulto"^
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 pa} T . 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 verijique al mo-
34 The retreat is definitely stated only by Ord, Ocurrencias, MS., 20-39;
Gonzalez, Experiencias, MS., 27-9; and Pico, Acont., MS., 10-13; but all are
good authorities.
35 Jan. 20, 1830, Echeandia to min. of war. St. Pap., Sac, MS., x.
58. He says the pursuit of the fugitives had to be suspended temporarily at
Purisima. ' A list of 28 soldiers, who at this time surrendered themselves, is
given in Deft. St. Pap., Ben. Mil., MS., lxxvi. 23. Jan. 16th, E. announces the
surrender of the 26th and his hopes of final success. Some additional corre-
spondence of minor importance, from Jan. 8th to 18th. Dipt. Pec, MS., viii.
10. Jan. 13th, Pacheco tells E. that he has gained an advantage over the foe.
Id., viii. 85.
; .l, i L5th, Solis.from 'CampoNacional' to E. Dept. St. Pap., Ben., MS.,
ii. 4. lie was willing, however, to have a conference.
BATTLES OF CIENEGUITA AND DOS PUEBLOS. 81
merito."® 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 bag and baggage on board the
Funchal. The two parties were in sight of each other
for nearly two days, and exchanged shots, but at such
a distance that there was no chance of my assistance
being needed. About thirty have passed over to this
side. The general appears to be perplexed what to do
with them. He seems as much frightened as ever." 3i
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 lied, 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 Echeandfa 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
"Jan. 20th, Solis, at S. Miguel, to Jos<5 Sanchez. Dept. St. Pap., MS., ii.
] 18. 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. /</.. Ben. Mil.,
lxxii. 4(i. Jan. 15th, 16th, 18th, 28th, E2. to Pacheco. Instructions about
tin' pursuit of the rebels, and the retaking of Monterey. Dept. l!< c, MS., viii.
85-90.
38 Jan. 24th, Dr Anderson to Cooper. VaUejo, Doe., MS.,xxx. 7.
fair as reported at Monterey and reported by Pattie, Na fol-
lows: 'A continual firing had been kept up on both Bides during the three
days, at the expiration ot n hich < len. Solis, having expended his ammunition
and consumed bis provisions, was compelled to "withdraw, having sustained
ii i loss, except that of ■ bor e, from a sustained action of three i
'I bo cannon-balls discharged from the fort \\\">\\ the < Demy bad bo little I
that per on i arrested them in their course \\ ithout injury.'
Hist. Cai-.Voi.. III.
82 ECHEANDIA 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. 33
On the 24th the Broohline arrived at San Diego with
Vallejo and Rocha, the Monterey prisoners, and the
same day or the next there came the news that the
capital had been retaken. Pacheco was already on
his way north to assume the command at Monterey. 40
On the 26th, Echeandia reported all he had clone 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 Malarin, Munras, Alvarado, and
Jose de Jesus Vallejo were most prominent among
those who aided the foreigners; and the citizens of
San Jose seem to have sent a party to assist in the
reestablishment of the regular government. 43 Fran-
39 Dept. St. Pap., MS., ii. 120-1.
'-° Arrival of Vallejo and Rocha. Dept. St. Pap., Ben. Oust. -IP, MS., iii.
58. It is erroneously stated by some that these prisoners first carried the
news of the revolt to the south. Jan. 2oth, 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. 56-8.
42 Feb. 4, 1830, Spence to Hartnell. Vallejo, Doc, MS., xxx. 19.
13 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 S P. M. Dept. St. Pap., ISni. Mil., MS., lxxii. 64. Galindo,
Apuntes, Ms., 8 1."., 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 iii 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 2Sth with 200 men. Echeandia had no knowledge of the revolt. The
insurgents were so elated at their victory at S. P. that they were sure of suc-
cess, and decided to expel all Americans and Englishmen. Capt. Cooper's
fathcr-indaw, 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, w Inch 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
'The climax of his excellence was his having retreated without the loss oi a
man.' Capt. Cooper rolled out a barrel of ruin, 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. I
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 po
communication with the approaching general. In a few days Sous 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 bo
obeyed, but Solis with 6 officers fled. Six Americans, of whom Pattie
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
Several shots were exchanged; one American was wounded, and a Mexican
killed, with 4 bullets through his body; but the rest surrendered and
brought back to Monterey, where the American flag floated until Echeandia
arrived! Pattie's Narr., 225 '■'.
"Spence, Osio, Vallejo (M. G. and .1. J.), Alvarado, and others mention
the promise to Avila; but most of them state thai the promise was kept,
Echeandia granting the pass and $500 In money. Fernandez even speaks
of Avila as subsequently becoming a brigadier in Mex'u i. I havi '•
Avila's petition to Gov. Figueroa in 1833, narrating the Solis capture.
Dept. St. Pap., Ben. Mil., MS., Ixxv. 13. Botello, A MS., 53, men-
tions Avila as being at S. Buenaventura in 1838. For some reason tin!
tome, aians are disposed to regard Avila verj favorably, repp
ing him as sent to Cal. for political offeno - merely; bui in the >•
Btands .-is 'a \ icious man of vi ry bad conduct, who took pari in vai ious mur-
ders and assaults on travellers. 24, 1824, and
S4 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 i5
I have utilized in the preceding narrative, and it re-
quires no further notice except in a single point. The
evidence respecting the revolt was clear enough; but
nearly all the troops were implicated; few men of any
class had shown real opposition to the movement in
the north; a rising of soldiers with the object of get-
ting their pay was not a very serious offence from a
military point of view; and pretty nearly everybody
had been included in the various indultos offered. In
fact, the criminal case was hardly strong enough to
suit Echeandia's purposes respecting Herrera, the only
one of the accused for whose fate he cared particu-
larly. A more serious charge was needed, and grounds
fur 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 Morehs in July 1S23. Prov. St. Pap., Ben. Mil, MS., li. 2;
JMpt. St. Pap., Ben. Mil, MS., Ivii. 3.
li Solis, Proceso instruido contra Joaquin Soli* y otros Revolucionarios de
1.S20, MS. These documents do not contain the final sentence under which
the prisoners were sent away.
14 Pp. 78-105 of the Proceso noticed in the last note are entitled 'A utos
que aclaranque el objetodela faction deSolis era de pronuneiarse en Jailor del
i. < rno EspahoV Meliton Soto, Raimundo de la Torre, and Maximo Guerra
vi ivcsaid to have spoken in favor of a gri to for Spain; and a letter of Solis,
dated Jan. 17th, to P. Arroyo de la Cuesta, was produced, in which he an-
il > Liced 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. SS.
EXILE OF HERRERA. S5
their local chief, and Echeandia hoped he might now
safely send Herrera out of the territor}'. Respecting
the banishment of Pad re Martinez, I shall speak in
the following chapter. 47
On May "9, 1830, the American bark Volunteer,
John Coffin Jones, Jr., master, sailed from Monterey
with fifteen prisoners on board to be delivered at San
Bias. Herrera was confined to a room constructed
for the purpose on deck; Solis and the rest were in
irons. 43 We have no particulars about the reception
of the prisoners by the Mexican authorities, but it is
certain that they were discharged from custody with-
out punishment. 49 Three at least of the soldiers,
Torre, "Vejar, and one of the Altamiranos, found their
way back to California in later years; while Herrera,
in spite of all Echeandia's accusations and precautions,
was soon sent back, as we shall see, to take his old
position as comisario de hacienda. California's first
revolution was over, and little harm had been done. 60
* 7 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 revoluti >;i
hail really been in the interests of Spain. ,s7. Pap., Sac., MS., x . 61-3. April 7th,
order from Mexico that Solis and his seven companions be tried foi
Also thanks to E. for having suffocated the revolt. Sup. Govt St. Pup., MS.,
vi. 8. Miscellaneous communications respecting the trial in addition
contained in the Proceso, in Dept. St. Pap., MS., ii. 127-130; Dept. 7.'
viii. 13, 22, 32, 30, 78.
48 May 7, 1830, receipt of Jones for the 15 prisoners, as follows: Jose"
Maria Herrera, Joaquin Solis, Meliton Soto, Serapio Escamilla, Raiinundo de
la Torre, Pablo Vejar, Victoriano Altamirano, Gonzalo Altamirano, Leonardo
Arceo, Mariano Peguero, Andres Leon, Maximo Guerra, Antonio Guevara,
Gracia Larios, Ines Polanco. Dept. St. Pap., Ben. MIL, MS., bcxii. 1, is.
Sailing of the Volunteer on May nth. 1,1., Ixii. 28. Pattie, Narr., 238-9,
also sailed on the Volunteer, and names Capt. Wm. E. Einckley as having
been on board and leaving the vessel at S. Bias. The prisoners reached Tepio
May 22d. Guerra, Doe., MS., vi. 129. Those belonging to the Mont
airy company were dropped from the company rolls in 1836. Dept. \
li ]>. Mil., MS., lxxxii. ().">. Six ..the!- men had Keen sent away From Sto Bar-
bara in February in the Emily Marsham, 3 of them, Joaquin Garcia,
Arenas, and Antonio Pefia, for complicity in the Solis affair. /'• pt. I
viii. 74.
"Torre, Reminis., Ms., 10-21, says that his brother Raimundo was tried
by court-martial and acquitted; whereupon the rest wire discharged without
trial.
50 The Solu revolt is described more or less fully in the follow ,>
in addition to such as have been cited in the pr<
MS., 25-8; Bandini, //is/. Cal., MS., 71 2; Amad >r, Mt t., MS . 8 I
mndez, Cosas dt Cal, MS., 59-64; Pico, Hist. Cal., MS., 20; I
MS., L9-23; Pinto, Apunt., MS., 2; Valdti, Mem., MS., is 20. It is men-
8G 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 the fact that Osio, Jimeno, and Bandini are
mentioned as comisarios during 1830, without much
regard to chronology. It would seem that after the
revolt Jimeno was restored to his old position, and
that Bandini was appointed before the end of the year,
though there is inextricable confusion, not only in
dates, but in the offices of comisario, administrador,
and contador. 51
tioned in print by Mofras, Explor., i. 293-4; Petit-Thonars, Voy., ii. 90-1; La-
fond, Voy., 209; Pickett, in Shuck's Bep. Men, 227; Wilkes, Narr., v. 173-4;
Caprou, Hist. Cal., 37-8; Tuthill, Hist. Gal, 130-1; Robinson, Life in CaL,
G9-70; and Flint, Pattie's Narr., 222-30.
51 See Dept. 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. Bee, MS., i. 269, 281-
90. Apr. 25, 1830, the Californian diputado in congress urged the useless-
ness of sending special officers to manage the revenues. Hoc. Hist. Gal., 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, Echeandia,
Bandini, and Jimeno met at Monterey, and decided on the following custom-
house organization at Monterey: administrador, with duties of comisario, at
81,000 per year; contador, with duties of vista, at $800; commandant of the
guard, with duties of alcalde, at $S00; guarda and clerk at $400; servant at
$144; patron and two sailors at $144 and $96. HepL St. Pap., MS., ii. 155-6.
CHAPTER IV.
ECHEANDlAAND THE PADRES— MISSION AND INDIAN AFFAIR 5.
1S26-1830.
Mission Prefect and Presidents — Tiie Question of Supplies — The
Oath of Allegiance — Sarrlv's Arrest— Friars Still Masters of
the Situation— Council at San Diicgo— 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 — Vallkjo \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 arresl 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
1 Arch. Sta B., MS., xi. 3.">0, 358-60, 400; xii. 369. The guardian sent
Sanchez his patent June 0, 1827; and Duran notified him Sept. 30th. San-
chez w;is;it first unwilling to accept. Duran was elected the second time May
•J(i, 1830, Peyri and Antonio Jimeno being named as second and third supl
Both Duran and Sanchez held the title of vicar under the bishop.
( B7 )
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 tie gobierno of Jan. 8, 1S24, 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 he equalized between cit-
izens and missions, the latter apparently to pay in kind. Decree of Jan. 1,
1S26. S.Jost, Arch., MS.,iv. 13; StaCruz, Arch., MS., 47-8; Dept. St. Pap.,
MS., i. 123; Vallcjo, 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. Pec,
MS., v. SO; Arch. Arzob., MS., v. pt i. 37; Vallejo, Doc, MS., xix. 138.
April 22, 1826, Echeandia to min. of Avar. Argues that the missions should
also pay tithes. He is informed that some of them have $70,000 or $100,000
in their coffers. St. Pap., Sac, MS., xix. 30-1. Oct. 31st, Herrera to Estrada
on mission accounts. Vallejo, Doc, MS., i. 98.
3 June 23, 1826, circular from president received at S. Rafael to effect that
the Mex. govt was going to pay all drafts presented within six months from
Jan. 1st, and those not so presented would be outlawed. This news reached
Cal. just after the expiration of the time! Vallejo, Doe., 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. Arch. Arzob. , 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 date ct 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.
PL, 95. April 19, 1S27, 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-S. Feb. 27, 1S27, 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 mule3
can carry. Resistance Mill 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 prestamo 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 sindico 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 missionary ts
snpremo gobiemo.' Arch. Arzob., MS., vii. passim. A large number of
drafts of comandantea in favor of missions, 1 823-30, in Id., v. pt2. June 7,
1828, Echeandia proposes that the expense of maintaining friendly relations
with the Indians l»e deducted from the sums due the nearest missions. Dej '■
Rec, MS., vi. 27. Oet. 7th, E. instructs Capt. Argiiello to borrow $800 of the
mission of S. Jose". Id., vi. 109-10. Oet. 22d, E. orders Lieut Jose 1 Fernandez
and 30 artillerymen just landed to be quartered at S. Diego mission. Id. , vi.
115. Jan. 8, 1S29, E. to Duran, urging him to ' lend ' supplies, or sell them for
a draft on the comisarioof Sonora, which he doubts not will be paid promptly.
I</., vii. 53. May 4th, Vallejo complains of destitution at Monterey, and
aid from the missions. St. l'ctp., Sac, MS., x. SO. Nov. 24th, similar com-
plaints from Castro. Dept. St. Pap., Jin,.. MS., v. 369 70. Dec. 6th, I".
Duran says he baspaid S200 on menace of force being used. S. i/i - I
MS., ii. 48. Jan. 15, 1830, I'. Viader refuses to aid directly orindirectly in
matters pertaining t<> war. /</., i. .".7. April 25th, congressman urges the in-
justice of imposing such heavj burdens on the missions. Doc. Hist.Ced., M - .
iv. 897-8. July 17th, com. of Sta Barbara complains that the padre \.i'd
neither give nor sell supplies. /></•/. /.'"•., MS., \iii. 55.
B Mav 31, 1827, guardian to president, stipends <.f 1819-21 and i
1822 paid. Certificates should be sent in for those of 1825 6. Arch. Sta /'•' ,
MS., ,\ii. 400. June 27th, news received at s. Rafael; amount, $24,1
Vallejo, Doc, MS., xviii. 97. The brig Bravo with mission goods "as
wrecked at Acapulco late in 1827, bul the cargo was saved. S. I
Id<. Mision, Ms., 7. Aug. 25, 1828, $6,861 in goods Ben1 from 1
Bias for .shipment, consisting of woollen am! cotton stuffs, rice, BUgar, 1. k*
metates, and 25 pounds of cinnamon, shipped by the Man
Doc. Hist. Col., MS., iv. 827 3.
90 ECHEANDf A 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. liec,
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. pti.
24. Beechey, in 1826, speaks of S. as waiting at Monterey to embark. Voy-
age, ii. 12. Vallejo, Hist. Gal., 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, Viaggio, 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 padre3. 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, 1S25, and Nov. 15, 182G, to depart. Supt. Corf St. Pap.,
MS.,xix. 43. June 30, 1828, E. to min. of justice. S. will be Bent away as soon
as there is a vessel for Europe or the 17. S. Dept. R\ c. . MS., \ i. 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 I'.
Abellatotake part in the celebration of the pope's recognition of national
independence, the padre refused. Dept. St. Pap., Ben. Mil.. MS., lvii 13 It.
Next day it was complained that P. Estenega declined to perform religious
services in connection with the publication of certain bandos. Arch. A
MS., v. pt i. 4. April 28th, record of the council referred to in the text.
lh ,,>. St. Pap., MS., i. 128-9.
8 June 3, 182G, E. to coin, 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 paclres 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 Cane"
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 iidolidad;' 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. Argiiello, and called out by an argument of P. Ripoll, who it
seems had wished to accommodate his conscience to the oath by bringing up
anew the allegiance sworn to independence andlturbide. Id., v. pt i. 10-13.
10 Aug. 10, 1S20, com. gen. to Echeandia. Dept. St. Pap., Ben. Com. and
Trcas., MS., i. 3G-8. Beechey, Voya</e, 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 $G,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 llipoll
and Altimira went on board the American brig Har-
binger, Captain Steele, at Santa Barbara, and left
California never to return. They went on board the
vessel on pretence of examining certain goods, and
such effects as they wished to carry with them were
embarked by stealth. Echeandia was there at the
time, and David Spence tells us he was for some mys-
terious purpose invited to take breakfast on the brig
before she sailed, but was prevented by other affairs
from accepting. 12 Orders were at once issued to seize
the Harbinger should she dare to enter any other
port; but Steele chose to run no risks. The fugitives
left letters in which they gave as their reason for a
clandestine departure the fear that their going might
be prevented otherwise, prompt action being necessary
for reasons not stated. They were among the young-
est of the Franciscan band, and in several respects
less identified than most others with the missionary
work in California, the reader being already familiar
with certain eccentricities on the part of each. Their
destination was Spain, which they seem to have reached
in safety. A suspicion was natural that the two padres
carried away with them something more than the
'sack and staff' of their order, that they took enough
of the mission treasure to insure a comfortable voyage,
" Statement of Cane to E. about tin- $6,000 Bhipped in Augusl 1826. St.
Pap., Sac., MS., xiv. 14-15. June4, L827, c I '. /■/.. my. 26 30.
(!. was very \ iolent in bis charge i against the padres.
12 Spence, in Taylor's Discov. and Founders, ii.no. 24. Alvarado, H
Ms., ij. 13] ■_>, claims that while Ripoll an. I Altimira were making th<
cape with the mission wealth, Echcand by the other p
to avert suspicion. Vallejo, Hist CaL, MS., ii. 59-GO raion.
94 ECHEANDIA AND 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 large sums, and their method of flight favored
the suspicion, I suppose that a few thousand dollars
was probably all they took, and that the}?- 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 Padre Martinez in September to prevent the dis-
grace of his intended flight. 16 There was also a
scandal respecting the actions of President Sanchez,
whose letters and some goods being conveyed by John
Lawlor from San Gabriel to the sea-shore were stopped
13 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-GUly, Viaggio, ii. 184-5.
15 Mrs Ord., Ocurreuctas, MS., 22-4, says they took no money at all.
Bipoll wept as he took leave of some of his Indians who went on board in
Steele's boat. Jan. 23, 1S2S, Echeandia announces the flight, and orders the
Harbinger to be seized. Dept. Bee, MS., vi. 174. Jan. 28th, Alf. Pliego or-
dered secretly to investigate the robbery said to have been committed by Al-
timira. /ii., vi. 175. Feb. 5th, Luia Argiiello alludes to the flight. St. Pap.,
Sac, 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, 1S29, the Zacatecas college will replace Bipoll and Altimira.
Sup. Govt St. Pap., MS., iv. 2-3.
10 Jan. 29, 1828, E. to min. of rel. Dept. Pec., MS., vi. 22. Sept. 23d,
E. to Martinez. Dept. St. Pap., MS., xix. 0-7.
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 suspici* >ns
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
against Echeandia for not having enforced the law of
1827, for in June 1829, apparently before the arrival
of the law of March 20th, he sent to Mexico a list of
17 June 3, 1828, Lawlor to Sanchez. Arch. Arzob., MS., v. pt i. G3-4.
June 8th, Sanchez to E. Id., 65-6. Aug. 21st, 29th, E. to S. and to the
alcalde. Dept. Rec, MS., vi. 8-1-5, 90.
18 See chap. ii. of this volume.
]9 Oct. 20, 1S2S, Echeandia to inin. of war. The padres arc violent at the
law for their expulsion, and are clamoring for passports and complaining i f
detention by force. St. Pap., Sac., MS., x. 39-40. Dec. Gth, E. saya that
most of the 27 padres have agreed long before the date of the law to take
the oath as was reported to Mexico on Dec. 6, 1826. (This report is not ex-
tant, hut it is certainly not true that most had made such a prom
passports were issued as several have asked, the missions would !»■ left with-
out government and the territory without spiritual care. Dt pt. /'■ C, MS., \ i.
50. Duhaut-Cilly says he offered to carrj the padres over to Manila; hut be
got a letter from Sarria, in which he said he was resolved nol to abandon the
nock intrusted to him by heaven until forced i" do bo, and headi
companions to the same effect. The same w titer notes the an ival " !
eiscans — they could not have been from California at the Sandwich Islands
on the French ship Comite. Viaqgio, ii. 200-1, 219-20.
2l March20, 1828, 1*. Arreguin to Sarria. It bad been a1 firs! proposed I i
dissolve the college; but finally the guardian and discretorio bad decided to
i ricario de casa, and bad chosen the writer. !!>■ as!
\ Lev i about tin- policj < I I . e there wer • now Ar-
reguin an 1 .". other pri to depart) and
servants of different grades. Arch. Sta /<'., MS., i\. 90 I.
96 ECHEANDiA AXD 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 days 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. Rec, MS., vii. 26-33. The following friars had taken the oath:
Fernando Martin, GO years old; Antonio Peyri, 70 years; Francisco Suner, 71
years; and Marcos Antonio de Vitoria, 69 years, who however had subse-
quently retracted, though faithful and obedient to the government, of blame-
less life, and probably influenced by his excessive respect for his prelate.
The following had taken the oath with some conditions: Gonzalez 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 Suner. Martinez was the
only one who had asked for a passport on the ground of not wishing to con-
form. Duhaut-Cilly, Viaggio, ii. 1S7-S, mentions the coming of the Domin-
icans President Luna and P. Caballero to S. Gabriel in June, to consult about
the expulsion.
22 July 6, 1829, E. to various officials. Dept. St. Pap., MS., ii. 92-3, 97; Id.,
S. Josi, ii. 16-17; Dept. Rec, MS., vii. 190-1.
- ; .) uly-September, applications of the padres for passports. Arch. Arzob.,
MS., v. pti. 54-7. Aug. 11th, Echeandia to min. of rel. St. Pap., Sue. MS.,
x. 43-6. In this document the gov. gives a very clear and complete statement
of the whole matter.
THE MISSIONARIES AS SPANIARDS. 97
the avuntamientos of San Jose, Monterey, and per-
haps other places, sent strong petitions on the evils
that must result from such expulsion, expressing for
the missionaries the deepest love and veneration, and
pleading eloquently that the people might not be de-
prived of their spiritual guardians. 24 I find no re-
sponses to these petitions, nor are there any definite
orders of later date on the subject, which, except in
certain particulars to be noted in the next paragraph,
seems to have been now allowed to rest. One of the
Spanish friars, however, received before the end of
1829 a passport to a land where it is to be hoped his
political troubles were at an end. This was the aged
and infirm Padre Jaime, who died at Santa Barbara.
I have said that Echeandia deemed it desirable to
get rid of certain padres. Personal feeling was his
motive in part; moreover, it was important to remove
certain obstacles likely to interfere with his policy of
secularization, of which more hereafter. Prejudice
against all that was Spanish was the strongest feeling
in Mexico, and there was no better way for the gov-
ernor to keep himself in good standing with the power
that appointed him than to go with the current. It
also favored Echeandia's plans respecting his enemy
Herrera, while increasing the importance of his own
services, to show the existence of a strong revolution-
ary spirit in favor of Spain. There was, however, but
a slight foundation on which to build. The padres
were Spaniards, and as a rule disapproved the new
form of government; but it is not likely that any of
them had a definite hope of overthrowing the repub-
lic, or of restoring California to the old system, and
the most serious charge that, could be justly broughl
against them was an occasional injudicious use of the
-' An','. 25th, S. Joa4, Petici lei Ayuntamh ito en ft
paHoles, 1829, MS.j ifonterey, PeticioncUPn identt yCo gr i< /
Frailea Espafloles, 1829, Ms. Oct. 22d, the petitions. /''/•■'.
Iter., MS., vii. '2'.i9. Oct. 12th, Virmond writ. I
dent had uot the slightest idea of expelling the friars. Gu< /v. Doe., Ms, \ i,
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.- 5
Of all the padres, Martinez of San Luis Obispo was
the most outspoken and independent in political mat-
ters, besides being well known for his smuggling pro-
pensities. Echeandia deemed his absence desirable
for the quiet of the territory, and had issued a pass-
port which had not been used. It was thought best
on general principles to make an example ; it was par-
ticularly desirable to give a political significance to
the Solis revolt, and Padre Martinez was banished on
a charge of complicity in that revolt in the interest
of Spain. The evidence against him was not very
strong; 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 Bdrbara. In
his testimony he denied all the allegations against
him, except that of giving food to the soldiers, as
others had also done and as it was customary for the
missionaries to do, whoever their guests might be.
He claimed to have tried to dissuade Solis from his
foolish scheme of raising the Spanish flag. In a long
and eloquent communication addressed to Echeandia,
25 Sept. 9, 1829, gov. to comandantes. Has heard that some padre burns
daily two tapers before a portrait of Fernando VII. ; and that another pre-
dicts from his pulpit the coming of the Spanish king. Find out secretly who
do these things, and forward the result. St. Pap., Sac, MS., x. 25, 48; JJcj'l.
Pec, 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 his '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
which 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. 93-105, 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
tin- recorded evidence, and tlte same may be said of aletterof encouragement
from Martinez found on the person of Solis at his capture, mentioned by Al-
varado. Hist. GcH., MS.., ii. 155.
EXILE Off 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, that he desired the wel-
fare of the territory, and that in his opinion it could
not be advantageously separated from Mexico. The
two padres Cabot testified to .having seen letters in
which Martinez declined to take part in the political
schemes of Solis, declaring that if the king wished to
conquistar any part of America, he might do it him-
self, in his own way. Prefect Sarria also presented
an argument to prove Martinez innocent. 27
The 9th of March a junta de guerra, composed of
six officers, besides the governor, met at Santa Barba-
ra to decide on the friar's fate. Echeandia explained,
at considerable length, the difficulties in the way of
administering a suitable penalty, and he seems to
have counselled leniency, fearing or pretending to fear
the action of the other padres; but after full discus-
sion, it was decided by a vote of five to one to send
him out of Mexican territory by the first available
vessel. 23 Stephen Anderson, owner of the English
brig Tliomas Noivlan, was called in immediately, and
gave bonds to carry the prisoner to Callao, and pui
him on board a vessel bound for Europe. Padre
Martinez, on the same day, promised in verbo saa r
dotis not to land at Manila or the Sandwich I slam k
and on March 20th the Nowlan sailed.' 2 ' The friar
-'Martinez admitted to Lieut Eomualdo Pachcco that he had received
letters from Solis, urging him to arm his neophj tea in defem e of the B]
flag soon to be raised. St. Pap., Miss, and Col., MS., ii. 30-1. Teatimonyof
inezandthe PP. Cabot vaSolis, Proceso, MS., 100-1, 98 9. March 4th,
Martinez, Defema dirigida at Comandante General, 1880, MS., in T<L, 93 s
Feb. 9th, SarrLa, Defema del Padre Luis Martinez, 1880, MS. Mrs Ord,
Ocurrencias, MS., :u -6, gives some details of the padn - confinement in her
father's house, and the efforts of members of the family to reli to thi
oner's wants in spite of the severity of Lieut Lobato. This wriu r and many
other Californians think there was no foundation i"\- the Bpeci I
against Martinez at this time.
cord of the junta of March 9th, in - 102 5. The
officers were J. J. Etocha, M. G. Vallejo, Domingo Carrillo, M. «:. Lobato, J.
M. [barra, and A. \ . Zaroorano. A previous junta <.t Feb 26th i- alludi d :>•.
a Carrillo {Josi), Doc, Ms., 21. The Spaniards A. J. Cot and faindy,
100 ECHEANDIA AND THE PADRES.
reached Callao in June, and subsequently arrived
safely in Madrid, whence he wrote to his friends in
California. There were those who believed that he
carried away a large amount of money, an exploit
which, if actually accomplished, considering the cir-
cumstances of his departure, surpassed in brilliancy
all his previous deeds as a contrabandista. 30 Even if,
as I suppose, he carried little or no gold at his depart-
ure, it is not probable that so shrewd a man of busi-
ness had neglected in past years to make some
provision for future comfort.
The most important problem affecting the missions
was that of secularization; but it hardly assumed a
controversial aspect during this period. The missions,
as the reader is well aware, had never been intended
as permanent institutions, but only as temporary
schools to fit savage gentiles for Christian citizenship.
The missionaries themselves neverdenied thisintheory,
but practically nullified the principle, and claimed per-
petuity for their establishments by always affirming, no
matter whether the spiritual conquest elated back five
or fifty years, that the Indians were not yet fitted to
become citizens. This was, moreover, always true,
even if it was a virtual confession that the mission
system was a failure, and it presented serious difficul-
ties in the way of secularization. The cortes of Spain
had decreed, however, in 1813, that all missions ten
years after foundation must be changed into pueblos,
subject to secular authority both in civil and religious
affairs, 31 and the success of independence made the
and J. I. Mancisidor sailed in the same vessel. Feb. 6th, Echeandia's order
to arrest Martinez. Dept. Rec, MS., viii. 16. March 9th, E. announces the
sentence to Prefect Sarria. Id. , viii. 27.
30 Vallejo, Hist. Cal., 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,
.■mi I promised to keep his secret.
::| See chap, xviii., vol. ii., for the decree of Sept. 13, 1S13, and subsequent
developments in Cal.
POLICY OF SECULARIZATION. 101
change inevitable. The spirit of Mexican republican-
ism was not favorable to the longer existence of the
old missions under a system of land monopoly strongly
tinged with some phases of human slavery. If the
Indians were not fit for citizenship, neither were they
being fitted therefor.
Echeandia 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, 32 with his own republican theories, with
32 Jan. 31, 1S'2j, niiii. of Mar to gov. A statement <>i grievances Buffered
by the Indians of Cal. States that it is the president's desire t<> do away
with so vicious a system, but suggests that the reform Bhould perhaps b
of policy rather than of authority. It is nut expedient t>> break up openly
the system of the padres, who if offended might Gy t heir influence i
Still it was essential to check the arbitrary measures thai oppn
the Indians, and afford the Latter the advantages of the liberal system— but
102 ECHEANDIA 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
measures. All is intrusted to E.'s experience and good judgment. St. Pap.,
Miss, "ml Colon., MS., ii. 42, quoted by E. in 1833 in aletter toFigneroa.
33 According to A Ivarado, Hist. Gal., MS., ii. 109-10; Vallejo, His'. Cat,
MS., ii. 51-3; Vallejo, HrmhiU., 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.
^Dcpt. St. Pap., MS., i. 129-30.
EXPERIMENTAL SECULARIZATION. 103
like other Mexican citizens, their names being 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 t ime
the padres were to be restricted in the matter of pun-
ishments to the 'mere correction' allowed to natural
fathers in the case of their children; unmarried males
of minor age only could be flogged, with a limit of
fifteen blows per week; and faults requiring more
severe penalties must be referred to the military
authorities. 35 The provisions of this order applied
only to the districts of San Diego, Santa Barbara, and
Monterey; though in 1828 it was extended to that of
San Francisco, excepting the frontier missions of San
Rafael and San Francisco Solano. 36
This order of 1826 was the only secularization
measure which Echeandia attempted to put in actual
operation before the end of 1830. It does not appear
that the missionaries made any special opposition, and
the reasons of their concurrence arc 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 hail no fears that the
neophytes would prove themselves capable of self-
35 July 25, 1S2G, Echravdia, Decreto de Emancipation d favor d
1826, .MS. Received at S. Rafael Aug. 23d. Arch. Misiones, MS., i. 297.
Forwarded by Lieut Estudillo to padre of S. Antonio. Arch.Arzob. t MS., \
pt ii. 114-17. Scrgt Anastasio Carrillo sent by Capt, Guerra to p
tlie new order in the missions of the Sta Barbara district, as he did ;it S.
Fernando on Sept. 26th and ;it S. Buenaventura on Sept. 29th. /
C /., MS., iv. 789 !>•_'. Here the [ndian was authorized, should the <-M>.> de
escolta and padre refu e bo ad mi presenting his application for lii
leave the mission withoul permi ion and apply in person to l\\<~ comandante.
Vallejo, Hist. Cal., MS., iv. 22, quotes the order of July 25th.
36 Juae 20, lb2S, gov. to comandantes ami prefect. Dept. /.' ., MS., \i.
57.
104 ECHEANDIA AND THE PADRES.
government. Respecting the result, we have no sat-
isfactory information. I tind 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; De.pt.
Bee, MS., v. G5; 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. flee, MS., v. 44. May 20, 1S27,
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,
1S28, E. to min. of war, says the Ind. at most missions are clamoring to be
formed into pueblos. St. Pap., Sac., MS., x. 39-40.
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. Gal., MS.,
119-20, takes the same view of the matter.
39 Arch. Arzob., MS., v. pt i. 35; Dept. Bee, MS., v. 54; Ley. Bee, MS., i.
79-80.
"Oct. 7ih. r.< 'iciuwki's li.-m.l-. in olnnt, Ihtc, MS., 1. Names of mission
ranchos in the south. Prov. St. Pap., Presid., 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-
hiding 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 was he of San Luis Obispo, who
favored the Solis revolt for Spain— which, though I
had the good fortune to suppress it, interfered with
the progress of good government — some of the mis-
sionaries mismanaging the property of their Bubjed \,
and others refusing: to remain under the federal gov-
lctter to Barron, 1828, says tin ■ missions have seized upon nearly all the Ian. I
in tin- territory, bo as to exclude private persons. B vndini, /><"■.. MS., 8.
" Za video, and Barona, Pelt ion • I <■■ - I
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 diputacion, 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 property. The friars
might remain as curates, or establish a new line of
missions on the gentile frontier as they should choose.
The details of the twenty-one articles constituting the
document, chiefly devoted to the distribution of prop-
erty and the local management of the new towns, it
scci i is best to notice, so far as any notice may be re-
quired, in a subsequent chapter, in connection with
"March 19, 1S33, 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 ou to explain his policy in 1S31, 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; 40 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 the- last
years of the decade we have from the padres no spe-
::i Eclieandia, Planpara convertiren pueblos his misiones d< la Altai California,
1829 SO, 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 Echeandia on the ad-
vantages of secularization.
"Sept. 7, 1S30, E. to min. of rel. Dept. ffec, MS., viii. 7:>.
15 Ley. Rec., MS., i. 163-G; Guerra, Doc, MS., i. 15-17; Dept. /,'- ■■.. Ms.,
viii. 79.
48 Duhaut-Cilly, Viaggio, i. 283-5, notes that E. used gentle measures, as
he w.-i i 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 rulcasa succession of arbitrary and oppressh e ■
friars. Fernandez, CosaadeCal., MS.,4:>, says that E. had feWBcn |
aimed only to enrich himself by despoiling the missions. Spence, according
to Taylors Discov. and Founders, ii. 24, says that E. had I I
steps toward the padres, and they retaliated by subjecting him to every in-
convenience. Dr Marsh, Letter to Com. Jones, MS., 2, tells as that E. 're-
leased some of the Indians from tin' missions that his own particular friends
might appropriate their services to their own use.'
"Vallejo, Hist. Cal., MS., ii. 53 I-, and Alvarado, J ' 3., ii. 89
90, tell us that about 1826 the padres nol only via i d to furnish any more
supplies for the troops, but bad a large pari of the mi m cattl
fur their hides and tallow, with a \ lew to run away with asmuchas pot
th (mission wealth. I think, however, thai these writers, like otbi
the quarrel, and that there was no iich slaughter of cattle unti
10S 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 w T ere at the beginning in direct under-
standing with the promoters of the movement, but
such is not unlikely to have been the case ; 48 and there
certainly was such an understanding directly after
Bust am 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 Bustamantc 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 ouce 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 csta desgraciada provincia su Victoria, seguramente se debe esperar que
csta jurisdiction eclesiastica usurpada, y oprimida, tambien conseguira su
victoria.' Vallcjo, Hist. CaL, MS., ii. 109-10, says that the padres learned
of Bustamante's pronunciamiento just after the action of the diputacion, and
that they immediately signed a petition to the govt against Echeandia,
though ] iretending 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
Ijv 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. Itelaciones, 1831, p. 33. Carlos Carrillo, writing from
Topic, April 2, 1831, referred to information obtained from Navarro, the
member from Lower California, that most of the congressmen had
any change in the status of the missions. Querra, /'<"•., MS., iv. 200. Va-
llejo, Hist. Col., MS., ii. 259, says a report was presented to congress on April
(J, 1825, by J. J. Fspintisa de los ltios, ( '. M. Ihistamante, I'. V. Sola, Tomas
Siin'a, Tomas Salgado, Mariano Dominguez, J. M. Almanza, Manu< I
lez de Ibarra, .). J. Ormachea, and F. de P. Tamariz (the report of the junta
alluded to by the minister?), in favor of includui LOU lands in the
colonization law of 1824. Jan. 15, 1831, Alaman bo overnor. The plan oi
founding two convents has been referred to the minister of justice. v
St. Pap., MS., Mi. I.
*>£>ept. St. Pap. MS., i. 13G-7; Id. Ben., /' . iii. 81 3; S.
Diego, Lib. Mision, MS., 96.
01 Sanchez, Journal of (lie enU rprise against the < 'oat .. ' Written
110 ECHEANDIA AND THE 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 Beechei/s 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 thought the 40 new converts too dearly bought,
feared a new attack from the Cosemenes, and begged Capt. Beechey for some
fireworks with which to frighten the foe in case of necessity. In the diary
the Cosemenes, the original form of the later Cosunmes, lived on or near the
Rio San Francisco. ■ On the way thither the army passed Las Positas, Rio
San Joaquin, and Rio Yachicume. One soldier, 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 Month!;/,
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. Arguello leaves S. Francisco
on a 34 days' tour of inspection eastward. St. Pap., Sac., MS., xi. 5. Jan. 22d*,
corporal of S. Juan Capistrano announces rising of the Indians, who have
insulted him and want to put the padre in the stocks. Dept. St. Pap., MS., i.
134-5. April 1827, complaints of robberies at the same mission. Id., ii. 12.
Feb. 1827, trouble at S. Luis Rey, where a neophyte used some very violent and
vile language against the Mexican govt and its Cal. representatives. Dept. St.
Pap., Ben. Mil., MS., lviii. 2; Bcechey's Voyage, ii. 36. Nov. 1827, allusion to
troubles with gentiles at Sta Clara, Dept. Rec, MS., v. 115. Oct. 23, 1S28,
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. Pre/.
II Juzg., MS., i. 20.
;j i\uv. 9, 1828, PP. Duran and Viader to Martinez. Nov. 20th, Mar-
tinez to Echeandia. Arch. A, -.oh.. MS., v. pt i. G8-70.
:3 Possibly, however, the fcrce cf 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 Laquishnes. The
fight, opened by the enemy, raged all day, muskets
being used on one side and arrows with a few muskets
on the other. The swivel-gun proved to be damaged
and ineffective, while the muskets of the foe were
loaded with powder only. No advantage was gained,
and at sunset Sanchez withdrew his men to a short
distance. Next morning he divided his force into six
parties of six men each. He stationed one to guard
the horses and ammunition, and two others to protect
the flanks and prevent the escape of the foe, while
with the other three, under corporals 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 Piha's men, who were
so rash as to enter the wood, were killed. Ammuni-
tion being exhausted, the men tired out, and the
weather excessively hot, the siege was abandoned, and
Estanislao left unconquered. Two soldiers had been
killed and eight wounded, while eleven of the Indian
allies were also wounded, one of them mortally.
About the losses of the foe nothing was known/ 4
accomplishing nothing. Osio, Hist. Cat., MS., 126-30, describes such an ex
pedition under Sergt Soto, during which there was a fight; while B
Recuerdos, MS., 14-17, says it was under Corp. Pacheco and returned with
out a fight, as did the second expedition according to Osio. In any case, it is
evident that both writers confound this entrada more or less with 1 r
March 1, 1829, P. Duran to Martinez, complaining of a new attack by Es-
tanislao on the mission Indians. Arch. Arzob., MS., v. pi i. 53 I. April26th,
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, especiallythe
challenges of Estanislao. N. ./<<-< , J /■<•//., MS., vi. Id. Ma y (5th (probably an
error in date), gov. orders Martinez to send Alt'. Sanchez with as many sol-
diers as possible, the S. Jose" militia, and a swivel-gun on a raid against the
Indians. Dept. Rec, MS., vii. 14!>.
* % Sanchez, CompaHa contra Estanislao y sits Indios svblevados, 1829, MS.
Dated at S. Jos6 on May 10th. Great praise was awarded to the troops for
gallantry, and especially to Corp. Soto and privates Manuel l'euaand 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 em-
ployed. Traces of blood were found everywhere, and
there were also discovered the bodies of the two sol-
diers killed in the previous battle. The enemy, how-
MS., vii. 20. Osio, Hist. Cal., MS., 129-30, gives some particulars about the
loss of the two men, and says that Soto died of his wounds a little later at S.
Jose\ Alvarado, Hist. Cal., MS., ii. 57-60, gives an absurdly exaggerated ac-
count of the battle and of the enemy's fortifications. Galindo, Apwntes, MS.,
22-4, has a quite accurate narrative from memory, recalling even the name of
the Rio Laquisimes, which jiiay have been that now called the Stanislaus,
though it is not certain.
55 Dept. Rec, MS., vii. 20. According to a document in Vallejo, Doc,
MS., xx. 2S0, Vallejo had been in two acetones cle gaerra as commander, one
in the Sierra Nevada from S. Miguel, and the other in the Tulares, where he
had one man killed and 15 wounded. May 16, 1820, Martinez orders Vallejo
to march with Sanchez to chastise the rebels of Sta Clara and S. Jos6 as-
sembled at Los Rios. Vallejo, Doc, MS., i. 174.
VALLEJO'S CAMPAIGN. 113
ever, had taken advantage of the darkness of night
and had fled. Vallejo started in pursuit. He en-
camped that night on the Rio Laquisimes, and next
morning surrounded a part of the fugitives in another
thicket near their rancheria on the Arroyo Seco.
Here there were some negotiations, but the Indians
declared they would die rather than surrender, and
late in the afternoon the attack was begun. A road
was cut through the chaparral with axes, along which
the field-piece and muskets were pressed forward 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 was close to the trenches the ammunition gave
out, which fact, and the heat of the burning thicket,
forced the men to retreat. During the night the be-
sieged Indians tried to escape one by one, some suc-
ceeding, but many being killed. Next morning
nothing was found but dead bodies and three living
women. That day, June 1st, at noon, provisions
being exhausted, Vallejo started for San Jose, where
he arrived on the fourth/ 6
56 Vallejo, Campana contra Estanislao y sus Tndioa sublevados, 1839, MS.
This is the commander's official report dated at S. Jose June 4th. Pifta,
Dlario de la Expedition <d \'crflr de San Josd, 1829. This is a diary kept by
Corp. Lazaro Piiia of the artillery, Mho 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. w< i
given me by Gen. Vallejo. June 5th, Martinez congratulates Vallejo on hi3
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.
Va'lejo,Doc, MS., i. 173. Dec. 31st, Martinez states in the hoja s rfi
of Vallejo and Sanchez that no decisive results were obtained, though 1 me i
were killed (?) and 11 wounded. Id., i. "204; xx. 142. Oct. 7th, Echeandia
pardon i neophj tes vt ho had been in rebellion. /></>/. Rec:, Ms., vii. 230. Al-
varado's narrative of this campaign. Hist. Cal., MS., ii. 57 68, 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 mere accurate than that of
Alvarado, which is not saj ing much in its favor. He Bpeaks <>f but one bat-
tle, in which the barricades of timber w ere broken dew a by the artillery, the
order of 'no quarter 1 \. \ allejo, the infuriated auxiliaries wrought
a. terrible carnag i among the foe, and the | it-; dug for defences were utilizi d
as graves. Galrndo, . [puntes, Ms., 22-6, name; two Boldiers, Espin
Soto, as fatally v, ided, and says thai Estanislao wa captured. B
licciurdus, Ms.. ]) 22, who confounds the three expeditions, nam
Hist. Cal., Vol. III. 8
114 ECHEANDIA 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; 58 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 justif}^ 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 atS. Jos6.
5r Arch. Sta B., MS., xii. 178.
53 Aug. 7, 1829. Dept. Bee., MS., vii. 213.
58 Dept. St. Pap., Ben. Mil., MS., lxx. 13. Lieut Martinez was the fiscal
to whom the case was intrusted.
60 A few items of Indian affairs for 1S30: 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., MB., lxxxviii. 1,4. July-Sept., a grand paseo
marithno 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. Jose, Arch., MS., i. 3S-9. Dec, Arrival of suspicious Indians at S. Fer-
nando. Dept. St. Pap., Angeles, M6., i. 93.
THE SEASONS, 1826-30. 115
object was not only to protect those establishments
against gentile tribes, but also and perhaps chiefly to
prevent a further extension of Russian power. The
missions were to be called upon to furnish the required
aid in laborers, implements, and food, the correspond-
ing instructions being also sent through the guardian
to the president. Echeandia's reply was to the effect
that there were no means to build a fort, but he would
try to construct quarters near San Rafael for a military
guard, and he did in March 1828 order Romualdo
Pacheco to go to the north and select a suitable site,
which is the last I hear of the matter. 61
Respecting the seasons from 1826 to 1830, I find
nothing or next to nothing in the records ; but I sup-
pose that the winter of 1827—8 was a wet one, and
the next of 1828-9 one of unprecedented drought.
The flood is mentioned in various newspaper items, on
the authority of Vallejo and other old Californians,
and of trappers said to have been in the Sacramento
Valley; it is confirmed by one letter of the time, Jan-
uary 1828, which speaks of the flood at Monterey as
something like that of 1 824-5. G2 The drought of 1 829
is shown by the failure of the crops, the total harvest
being 24,000 fanegas, the smallest from 179G to 1834,
and less than half the average for this decade; though
strangely I find no correspondence on the subject save
two slight items, one from San Rafael and the other
from San Diego. 03
cl June G, 1827, min. of war to Echeandia. St. Pap., Mt88. a
MS.,ii. 310; June 13th, guardian to president. Arch. Sta /!.. MS., xii. 17>i
7 ; Jan. 8th, 1828, E.'s reply. Dept. lire, MS., vi. 23 ; Mar. 25th, E. to Pache-
co, ordering him to Nopalillos. Dept, Rec, MS., vi. 190.
M Vallejo, Doc, MS., xxix. 190.
■ Dept. Rec, MS., vii. 3G4; Arch. Sta B., MS., xii. 181.
CHAPTER V.
ECHEANDf A'S RULE— MARITIME AND COMMERCIAL AFFAIRS.
1826-30.
Vessels of 1826 — Revenue Rules — Hartnell's Business — Hawaiian'
Flag — Coopeb and the 'Rover' — Lawsuit with Arguello— Bee-
chey's Visit in the ' Blossom ' — Books Resulting — Teading 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 1S29 — 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, 1S25-30.
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, ( 'yrus H Mena, Eliza, Franklin, General Bravo, Harbinger, Inca, Inore,
Jdven Ani/iifitins, Kiahlia, Marin Ester, Maria Teresa, Mercury (2), Mero,
Moor, Olive Branch, Paragon, Perm-ion, Pizarro, Rover, Sachem, Santa
Apolonia, Sirena, Solitude, Speed)/, Spy, Thomas Nowlan, Timorelan, Triton,
Washington (3), Waverlu, 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-J 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 entr}% 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
8 June 28th, Herrera to habilitados <>f S. Francisco, Sta Barbara, and S.
Diego, closing those ports. Dept. St. Pap., Ben.Com. and Treas., MS., i. 16.
July 5th, l'l., insisting <>n internacion duty according to decree of Aug. 6,
1824. St. Pop., 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. July22d, Id. to habilitados. Count r-
mands order of June 28th until govt decides, butnot thai of July 5th. Id.,
tey, Voyage, ii. 10, 69, refers to the excessive duties. Jan.
or products. St. Pap., Sac., MS., x. 90 I. May
All
f>l-'2. Beechey, Voya^
Kllll, derive of MOX. gOVt. All exp.rts fivenf ,lll(, St. Pap.
Ms., xix. :;s. Sept. 26th, 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 onlj i
taken from the custom-house for other ports, fo having to pay
only the -:> per cent and Mexican the l"> per cent of import duties, Dept. St.
.;. Com. and ZVi a ■ ., MS., i. 48.
3 J)r r t. St. Pap., Ben. Com. and Treas , MS., i. 65. Partial Btati
each vessel are given in the list at the end of this eh.t,
118 MARITIME AND COMMERCIAL AFFAIRS.
was $4,360 ; 4 and at San Diego, $1,666. If the total
of $13,500 were doubled, it is evident that the
amount would be but a small part of the percentage
due on imports. Only a few years later there were
complaints that no accounts had been rendered by
Herrera and his successors, 5 so that it is not strange
I have been unable to find complete figures.
All seems to have been couleur de rose in Hartnell's
business this year. Echeandia granted a general
license for his vessels to touch at all the ports. Mc-
Callough from Callao, and the Brothertons from
Liverpool, wrote most enthusiastically of the prospects
for high prices, urging extraordinary efforts to buy
more hides and tallow, and expressing fears only of
rivalry from other firms, while four brigs, the Inca,
Speedy, Eliza, and Pizarro, were successfully loaded
with Californian produce. 6 Gale's Sachem and the
other Boston ships must have interfered seriously
with Hartnell's purchases, but we have no information
beyond their names and presence on the coast. Juan
Ignacio Mancisidor also did a large business, selling
the cargoes of the Nowlan 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 Figueroa to Mex. govt in 1834. Dept. St. Pap., MS., iii. 209-10.
"Echeandia's permit of June 18 and Aug. 2G, 1S2G, to Hartnell's vessels.
I>< pt. Bee, MS., iv. 4S; Vallejo, Doc., MS., xxix. 57. Letters of McCulloch,
Begg & Co., Brothertons, for the year, in Id., MS., xxix. nos. 4, G, 12-15,
2 1 , 40, 43, 52, 05. Some beef was acceptable where hides and tallow were
not forthcoming. The Eliza appears to have cleared at Callao for Costa Rica
to deceive rivals. The Either, seat to England with hide?, had not been
heard of. The tallow from each mission must be marked 'so that the peculiar
tricks of each padre may be found out. ' Cash is sent and more promised.
Anderson's competition in Peru was especially feared. War between Buenos
Aires and Brazil made prospects better. Yet P. Una, from Soledad, protests
on June 11th against being obliged to sell exclusively to Hartnell, and will in
future accept the best offers.
CAPTAIN COOPER'S VOYAGES. 110
Captain Cooper, in the Rover, came back from China
in April 1826. The voyage had been made under a
contract of 1824 with the government, 7 which had
entitled the schooner to $10,000 for freight out and
back, and the privilege of introducing $10,000 in
goods free of duties. Besides some trading done by
Cooper on his own account, he sold at Canton 375
otter skins for $7,000, investing the proceeds in
effects for the Californian troops. Most of these
effects were delivered after some delay to the habili-
tado of San Diego. The delay, and much subsequent
trouble, was caused by dissatisfaction on the part of
the governor at the prices received and paid in China,
and by personal difficulties in settling their accounts
between Cooper and Luis Argiiello, as master and
owner of the vessel. 8 This last phase of the quarrel
lasted until 1829, involving a lawsuit and various refer-
ences to arbitrators. Argiiello's side of the quarrel is
not represented in the records ; Cooper's letters are nu-
merous, containing a great variety of uncomplimentary
epithets for Don Luis. Arbitrators seem to have
decided the case in Cooper's favor in the amount of
$5,000, "which," writes the captain, "the damned rascal
Argiiello will never pay while California remains in its
present condition." 9 To return to the Rover: the only
incident of her voyage that is known was the throwing
away of all Spanish papers on board, including invoices
and the bill of sale to Argiiello,and even of the Mexican
ilag, on account of revelations by a drunken sailor to
the effect that the schooner was not America a as
pretended, but Mexican. This occurred at the Phil-
7 S i !( • vol. ii. p. 520.
B Arrival of the Rover, and trouble about the landing of the cargo. /'■ •'.
St. Pap., Ben. Mil, MS., lxxxvii. 68; Id., Ben. Cust.-H., i. L8 20, 30; St.
Pap., Ben., MS., i. 71; St. Pap., Sac., MS., \i. 1.
9 Cooper's letters of 1826 9, in Vallejo, Doc, MS., sxix., nos. 54, 113, 108,
117, 128, 200, 210, 234, 235, 292, 334, 387, with many more in the same
volume, relating to details of < !.'a business in those years, being oi ao
importance. It appears thai Kierolf & Co., in China, had scut Bome
( '. to Cal. on sale, and that by reason of his troubles with Argiiello, be was
unable to settle with that firm for Beveral years. ,1. r. Sturj
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,
B. 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 aboutCalifornia. 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,
"Cooper's deposition of Dec. 23th, mDept. 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. Pup., Sac, MS., xii. 14.
11 Dept. St. Pap., Ben. Gust.-H., MS., i. 25.
12 Fernandez, Cosas de Gal., MS., 37-9; Alvarado, Hist. Cat., MS., ii. 84-6.
13 Beechey, Narrative of a Voyage to the Pacific and Beering's Strait, to Co-
operate with the Polar Expeditions, p>< rformed in Hit Majesty's Ship Blossom,
wider the command of Captain F. W. Beechey, R. N., F. R.S., etc., in the years
IS. Jo, 20, 27, 28. Published by authority of the Lords Commissioners of the A d-
miially. A new Edition. London, 1831. 8vo, 2 volumes, maps and plates.
This edition is not mentioned by Sabin, being published by Colburn' and Bent-
ley. The original in 4to form, 2 vols., had the same title, date, and pub-
lishers. There were published in 1832, according to Sabin, an American edi-
tion and a German translation. In the edition used by me the California
matter is found in vol. i. p. 471-2; vol. ii. p. 1-88, 319-21, 403; with descrip-
tions of S. Francisco and Monterey harbors on p. 422-9; and observations of
latitude and longitude on p. 443. Only one plate relates to California, that
of ' Californian throwing the lasso. ' In Huish, A Narrative of the Voyages and
Travels of C apt. Beechey, etc., London, 1S36, the California matter is given on
p. 415-60, somewhat condensed, and a portrait of Beechey forms the frontis-
piece. jiookertLiid Arnott, The Botany of Captain Beechey's Voyage; compris-
ing an account of the plants collected by Messrs. Lay and Collie, etc. London,
1S41. 4to, plates. The matter is arranged geographically 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 ( 'al-
ifornia Supplement, made up chiefly of a description of specimens collected by
Douglas later, with 23 plates. Richardson and others, The Zoology of Captain
Beechey's Voyage; compiled from the collections and notes made by Captain Bee-
chey, Iheoffia ra 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 chapter on geology, which contains a ' geological plan'
and ill scription 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 182G, remaining in the far north until
October, when he was obliged by the closing-in of
winter and by want of supplies to sail for the south.
He anchored at San Francisco November 6th, 15 and
was hospitably received by Comandante Martinez and
Padre Tomas Estenega. Supplies were, however, less
plentiful than had been expected, and a party consist-
ing of Collie, Marsh, and Evans was sent overland to
Monterey. This party was absent from the 9th to
the 17th, 16 during which time and subsequently Bee-
chey and his men were occupied in making a survey
of San Francisco Bay and scientific observations about
its shores. No obstacles were thrown in his way, the
authorities asking only for a copy of the resulting
chart, which was given. 17 The Englishmen amused
themselves chiefly by excursions on horseback oxer
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 navig.it ors
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,
Thoma i Elson; surgeon and assistant, Alex. I lollieand Thomas Neilson: pur ei .
Geo. Marsh; mates, Win. Smyth and .las. Wolfe; midshipmen, John Kendall
and Richard B. Bcechcy; clerks, John Evans and Chas. H. Osmer. The
v bole force was 100 men.
1 ■ Announcement of arrival dated Nov. 7th, in Dcpt. St. Pap., Ben. Oust.-
11.. MS., i. 24.
16 Collie's party, with an escort of < lalifomian Boldiers, travelled by waj of
Si> rra de S, Bruno, Rio de S. Bruno, Burri Burri, over tin- plain of I
in.: .. v. it h Estrecho de S. Jose on the left, and Sierra, del Suron right, S. Ma-
teo, Las Pulgas, .Santa Clara, S. Jos6, Ojo delCoche (?), plain of La
Rancho de Las Animas, Rio de Pajaro, plain of s. Juan, S, Juan B
Llano del Rey, Rancho Las Salinas, Monterey, and returned bj I
route. They were kindly treated by Capt. Gonzalez and Mr Eartnell. The
diary of this trip furnished Beechej a Large pari of the information published
about California.
17 .lan. 25, 1-SJ7, gov. to Martinez. Presumes thai Beechey Lai
him the necessary permit of the sap. govt to make a plan of the ba -bor. < lr-
derahim to forward tho plan to S. Diego. Dept.Sec, MS., \. 13.
122 MARITIME AND COMMERCIAL AFFAIRS.
had lost its fascination, and the roads to the mission
and presidio were grown tedious and insipid. There
was no society to enliven the hours, no incidents to
vary one day from the other, and, to use the expres-
sion of Donna Gonzalez, California appeared to be as
much out of the world as Kamchatka." The Eng-
lishmen sailed on December 28th for Monterey. Here
they remained five days, cutting spars, and obtaining
supplies from missions and from vessels in port,
largely by the aid of Hartnell. 18 The supplies obtain-
able in California were, however, inadequate to the
needs of the expedition; and on the 5th of January
the Blossom sailed for the Sandwich Islands. After
another trip to the Arctic, unsuccessful like the first,
so far as meeting the ill-fated Franklin was con-
cerned, Beechey returned to Monterey October 29,
18 27, ia remaining until December 17th, when lie went
again to San Francisco for water, finally sailing on
January 3d for San Bias, and thence home via Cape
Horn and Brazil, reaching England in October 1828.
It is thus seen that Beechey's visit was in itself an
event of slight importance; but the observations pub-
lished in the voyager's narrative were perhaps more
evenly accurate and satisfactory than those of any
preceding navigator. Beechey and his companions
confined their remarks closely to actual observations.
They were less ambitious than some of their prede-
cessors to talk of things they did not understand, and
thus avoided ridiculous blunders. It is not, however,
necessary to notice their remarks at length here, for
the following reasons: A large part is naturally de-
voted to local and personal matters, or to other topics
treated in other chapters; notes of the scientific corps
18 Jan. 4, 1827, Beechey writes from Monterey to the British consul in
Mexico, recommending the appointment of Hartnell as vice-consul in Cal., in
consequence of the increasing importance of English trade on the Pacific
coast. Vallejo, Doc, MS., xxix. 102.
19 Notice of presence of the B/o^som and 3 whalers on the coast in Novem-
ber. Vallejo, Doc, MS., xxix. 108. Called the Blonde, at Monterey Nov.
8th. Dept. St. Dap., MS., ii. 47. Mention of visit in Soulc's Annul* of S. F.,
1G3-4.
BEECHEY'S OBSERVATIONS. 123
on botany, zoology, and other branches, though of
great value, can of course receive in a work like this
no further attention than mere mention; 20 and what
remains of general description, respecting the country
and its institutions, on account of its very accuracy,
would be but vain repetition here. Had the visitor
been less careful and made more blunders, he would
receive more attention from me. Such is fame, and
the reward of painstaking.
The missions and the Indians claimed a large share
of Beechey's attention, as in the case of earlier visit-
ors, and he was not blind to either the faults or ex-
cellences of the system or of the friars who had it in
charge. 21 Respecting the result of Echeandia's ex-
periment at partial emancipation of neophytes, this
author happens to be wellnigh the only authority;
and he also translates an interesting diary of an ex-
pedition against the gentiles under Alferez Sanchez,
as noted in the preceding chapter. He gives consid-
20 See note 13 of this chapter.
21 ' Though the system they pursue is not calculated to raise the colony to
any great prosperity, yet the neglect of the missions would not long precede
the ruin of the presidios and of the whole of the district.' Vol. ii. p. 1.1.
' As to the various methods employed for the purpose of bringing pi-oselytes
to the missions, there are several reports, of which some were not very cred-
itable to the institution; nevertheless, on the whole, I am of opinion that the
priests are innocent, from a conviction that they are ignorant of the means
employed by those who are under them. Whatever may be the system, . . .
the change according to our ideas of happiness would seem advantageous to
them, as they lead a far better life in the missions than in their forests.' p. 17.
' The produce of the land and of the labor of the Indians is appropriated
to the support of the mission, and the overplus to amass a fund which is
entirely at the disposal of the padres. In some of the establishments this
must be very large, although the padres will not admit it, and always plead
poverty. The governmentlias lately demanded a part of this profit, but the
priests, who, it is said, think the Indians are more entitled to it than bhe
government, make small donations to them, and thus evade tin' tax l.y tak-
ing care there shall be no overplus.' p. 19-'20. 'Though there may be occa-
sional acts of tyranny, yet the general character of the padres is kind and
benevolent, and in some missions the converts arc so much attached to them
that I have heard them declare they would go with them if they were
obliged to quit the country. It is greatly to be regretted that, with the
influence these men have over their pupils, and the regard those pupils seem
to have for their masters, the priests do not interest them elves a Littl
in the education of their converts.' 'The Indians are, 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 thoy 'were very
bigoted men, and invariably introduced the Bubject of religion. 1 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,
he wondered at and deplored the prevalent lack of
enterprise on the part of Mexican government and
Californian people, predicting an inevitable change of
owners should no change of policy occur. 23 His geo-
22 1 may quote at some length on this topic, as being the subject proper of
this chapter. ' The trade consists in the exportation of hides, tallow, man-
teca, horses to the Sandwich Islands, grain for the Russian establishments,
and in the disposal of provisions to whale-ships, .. .and perhaps a few furs
and dollars are sent to China. The importations are dry goods, furniture,
wearing apparel, agricultural implements, deal boards, and salt; and silks
and fireworks from China for the decoration of churches and celebration of
saints' days. In 1827 almost all these articles bore high prices: the for-
mer in consequence of the increased demand; and the latter partly from the
necessity of meeting the expenses of the purchase of a return cargo, and
partly on account of the navigation. ' Great complaint of high prices, ' not
considering that the fault was in great measure their own, and that they were
purchasing some articles brought several thousand miles, when they might
have procured them in their own country with moderate labor only,' for ex-
ample, salt and deal boards and carts. ' With similar disregard for their
interests, they were purchasing sea-otter skins at $20 apiece, whilst the
animals were swimming about unmolested in their own harbors; and this
from the Russians, who are intruders on their coast, and are depriving them
of a lucrative trade. With this want of commercial enterprise, they are not
much entitled to commiseration. With more justice might they have com-
plained of the navigation laws, which, though no doubt beneficial to inhab-
itants on the eastern coast of Mexico, where there are vessels to conduct the
coasting trade, are extremely disadvantageous to the Californians, who hav-
ing no vessels are often obliged to pay the duties on goods introduced in for-
eign bottoms. ' 17% higher than on Mexican vessels. Not only this, 'but
as a foreign vessel cannot break stowage without landing the whole of her
cargo, they must in addition incur the expenses attending that which will
in general fall upon a few goods only. The imprudent nature of these laws
as regards California appears to have been considered by the authorities, as
they overlook the introduction of goods into the towns by indirect channels,
except in cases of a gross and palpable nature. In this manner several
American vessels have contrived to dispose of their cargoes, and the inhab-
itants have been supplied with goods of which they were much in need.' p.
68-70.
23 ' Possessing all these advantages, an industrious population alone seems
requisite to withdraw it from the obscurity in which it has so long slept
under the indolence of the people and the jealous policy of the Spanish gov-
ernment. Indeed, it struck us as lamentable to see such an extent of habit-
able country lying almost desolate and useless to mankind, whilst other na-
tions are groaning under the burden of their population. It is evident from
■the natural course of events, and from the rapidity with which observation
has recently been extended to the hitherto most obscure parts of the globe,
that this indifference cannot continue; for 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 1S27. 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 ( lalifornia -author) as
to bo the cause of much jealous feeling — not without reason, it would appear.'
p. GG-7.
2< Seelistatendof thisehapter. Vessels of 1S27: Andes (?), Baikal, E
Cadboro, Carimacer (?), Com&e, Courier, Favorite, Franklin, Fulham, Oolov-
i, in, Harbinger, Heros, Huascar, Isabella, Magdahna, Maria Ester, Massa-
chusetts, (>li/i/i<int (?), Olivt Branch, Okhotsk, Orion, Paraiso, Sachem, Solitude,
Spy, Tamaahmaah, Tenieya, Thomas Nowlan, Tomasa, Washington, Wa\
Young Tartar.
"Net revenue at S. F., $3,304. Dept. St. Pap., /-'- n. Mil., lxii. 8 11. See
also figures in the list of vessels at end of this chapt n
126 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
July, and by the decision of that body and the re-
sulting decrees, coast trade was legalized, subject to
the decision of the supreme government. The re-
moval of the duties was recommended, the internacion
tax was restricted to goods carried inland more than
four leagues, while the missions were allowed to give
bonds for the tax pending the result in Mexico. 23
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. Bee, 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 coman-
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. Dept. Bee., 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.
Bee., MS., vi. 176. Vallejo, Exposition, 6, cites in 1837 a law of Nov. 16, 1S27,
forbidding comertio 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, 2i% on do.;
internacion, 15% on do.; tonnage, $2.50 per ton (Mexican measurement); an-
chorage, S10 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.
.bin. ;;ist, 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. Bee., 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.,
HARTXELL AND COMPANY. 127
Meanwhile there came an order from Mexico, dated
before the action of the diputacion, and permitting
foreign vessels to touch at Santa Cruz, San Luis
Obispo, Purisima, Refugio, and San Juan Capistrano.
In its deliberations on revenue matters, the diputacion
gave special attention to the duties on liquors, per-
fecting an elaborate reglamento, which was duly pub-
lished by the governor. The proceeds of the liquor
trade were devoted to the public schools. 27 Another
prominent commercial topic, since hides and tallow
were the chief articles of export, was that of live-
stock regulations, to which the diputacion also directed
its wisdom. The result was a series of twenty ar-
ticles, in which the branding and slaughter of cattle,
with other kindred points, were somewhat minutely
regulated. 28
The prosperity of 1826 in the business of Hartnell
& Co. was followed by trouble and financial embar-
rassment in 1827-9. The exact nature of the reverses
it is difficult to learn from the fragmentary correspond-
ence; but I judge that John Begg & Co. failed, in-
volving McCulloch, Hartnell & Co. to such an ex-
tent that the firm was obliged to delay its payments
and to close the copartnership. Hartnell, however,
paid all debts in California, and continued his business
both for himself, with the aid of Captain Guerra, and
as a^ent 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% proflt may lie counted
on; the export of tallow averages 1 arroba for each hkle. Duhaut-Cilly, Viag-
g!o, i. 232-3, 253; ii. 145-7, 150.
n Reglamento de < '<ni!r:'j>ir;o)iessobreLicores,lS?7, MS., approved at sessions
of June 26th, 28th, 30th, July 2d, 7th. Gov.'s decree of July 12th, in Dept. i '.
Pap., S. Jost, MS., iv. 40-7. The tax was $5 per barrel of 160 quarts for
brandy and $2.50 forwine in Monterey and 8. Francisco jurisdictions; in the
south §10 and. 1 ?.") respectively, payable byall buyers and by the producer w bo
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. 6th, Hei
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. S
Ben. Com. and Trecu., MS., i. 87-8.
K Reglamento eobre '•'muni"*, aprobadopor la Diputacion, 1S?7, MS.
123 MARITIME AND COMMERCIAL AFFAIRS.
coast. The correspondence would indicate that he
went on loading vessels and trading with the padres
much as before. David Spence also went into busi-
ness for himself. In connection with the financial
troubles, Hartnell made a trip to Lima, sailing at the
end of 1827, probably in the Huascar, and returning
in that vessel in July of the following year.- 9
Captain Cunningham of the Courier, in conjunction
probably with the masters of other American vessels,
thought to improve the facilities for coast trade by
erecting certain buildings and establishing a kind of
trading station on Santa Catalina Island. Cunning-
ham was ordered by Echeandia to remove the build-
ings and promised to do so. 30
Auguste Duhaut-Cilly, 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 McC, II.
& 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 1st, P.Viader toH. Speaks of Begg's fail-
ure, which he has expected for some time. /(/. , 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.
San ia .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 II. 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. Ree., MS., vi. SO.
July 10th, Cunningham speaks of a protested bill. Yullejo, Doc. , MS. , xix. 257.
McCulloch continues his letters to H. Aug. 1st, gov. regrets Begg's want of
confidence in Mexican commerce. Id. , 2G5. Aug. 28th, balance sheet of $5,097
between Begg & Co. and H. LI., 272. More accounts in October. Id., 2S2.
( >ct. 1 8th, certificate that II. furnished 814,397 in tallow, as ho agreed in Lima.
Id., 2S3. The correspondence of 1829 is unimportant, but shows that II. still
owed considerable money in Lima, and that his creditors were pressing. Id. ,
passim.
30 Dept. fiec, MS., v. 19; Dept. St. Pap., MS., ii. 22.
VISIT OF DUIIAUT-CILLY. 129
California were added to an Italian translation of the
voyager's narrative, made by bis father, Carlo Botta,
also famous as a poet and historian. Lieutenant Ed-
niond Le Netrel also wrote a journal, a large part of
which has been published. 31
On January 27, 1827, the Heros, coming from
Mazatlan, anchored at Yerba Buena. It yet lacked
several months of the proper time for obtaining hides
and tallow, but the time could be employed in arrang-
ing bargains with the padres; and while the captain
remained at the port his supercargo, 'il Signor B ,'
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 Duliaut-
Cilly made a trip to Mazatlan and back before June
11 th. 'II Signor B ' proceeded northward to
San Francisco by land, while the captain, having ex-
perienced an earthquake, and made a tour to San Luis
Bey, 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
81 Duhaut-Cilly, Voyage aatoiir da monde, principalement d la Californie et
aux Isle* Saiithi-ii-h ]„ mhnit /•< anntes 1826, 1SS7, 1828, et 1829. Par . I.
Duhaut-Ctlly. Paris, L885. Svo. 42S p. plate. Of this original French edi-
tion I have only a fragment in my collection, and my references are tin
to the following: Duhaut-Cilly, Viaggio intorno al Globo, principalnwnh alia
California ed alle isole Sandwich, negli "in,; 1826, 1827, I " I.
Dukaut-Cilly, capitano di lungo corse*, cav. delta Legion d'Onore,
Vaggiunta delle osservazioni eugli abitanti <H quel /<<< si dl /'nolo Emilio Botta.
Traduzione dal francese nell' italiano de Carlo Botta, Turin, 1841. Svo. -'vol.
xvi. 230 p. 1 1.; 3'.)'2 p. plates. The portion added to this translation, /.'
Osservazioni sugli abitanti delle isole Sandwich < delta California de Paolo
Emilio Hollo. FatU n</ suo viaggio intorno al globo col Capitat
Cilly, occupies p. 339 92of vol. ii.; that pari relating t »Cal. is found on p.
307-78. Ihcse notes had originally appeared a i Botta, r. tu
habitana di la Calif ornie, in Nouv. Annates des Voya /. L i i6 06 Li Netrel,
Voyage autour du Monde, etc. Extrait du journal de M. Edmond Le A ■
Lit n/i naut a bord de a vaisseau {/.■ ll< ros), in NouvtUes Annale»d<
xh. 129-82.
Uibt. Cal., Vol. III. 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 Signor B , and
to spoil the trade of the Hews, 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 Purfsima. 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
again for Callao, again leaving il Signor 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 TIeros sailed August 27th
for the Islands. The Signor B 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
a -Morineau, Notice guar la Californie, 151-2, says that both the Heros and
TRADING FLEET OF 1S28. 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 wa}^
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 Comtte brought cargoes, which, besides being too large, were ill-assorte.l
and did not sell well.
33 x\Iention of the Htros in Dept.Rec.,MS., vi. 32;Dept. St. Pap., Ben. Mil.,
MS., lxiii. 2; Id., Ben. Pre/, y Juzj., MS., i. 2. Taylor, in Brown's L. CaL,
43, mentions this voyage.
31 See list at end of "this chapter. Vessels of 182S: the Andes, A rob (un-
der a Russian name), Baikal, Becket (?), Brillante (?), Clio, Courier, Emily,
Fi nix, Franklin, Fulham, Funchal, General Sucre, Griffon, Guibale (?), Har-
binger, Heros, Huascar, Karimoko, Kiahlcta, Laperin (?), Magdalena, Maria
Ester, Minerva, Okhotsk, Pocahontas, Rascow, Solitude, Telemachus, Tho ins
Noivlan, Times, VcraleC:), Vulture, Washington, Waverly, Wilmantic. I have
fragments of the Waverly's original log for 182S-U. The author desci
10, a celebration of St Nicholas day on the Russian vessels at Monterey I tee.
17th; also a fandango on shore. Peirce's Rough Sketch, MS., and M
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 All. ion; 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.
-'.Ian. 29, 1S28, St. Pap., Sac., MS., x. 104. March 3d, Echeandfa to
com. gen. lias been obliged to keep open the four presidial ports and S.
lV.h-o. D,,,i. /,',,-., MS., vi. 7.
8, L828, gov. 'a order. Dept. Rec, MS., vi. 63, 77: Dept. St. I\ H ,., S.
Jo» , M.S., 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
produce, except money and breeding cattle, returning
to settle accounts. 37 I find no evidence, however, that
this order was obeyed this year. In the correspond-
ence on revenue the only item worth notice was the
reduction of the internacion tax to ten per cent, pre-
sumably in response to the petition of 1827. 33 The
Russians were permitted to take otter on a small scale
for joint account of the company and the govern-
ment. 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. 39
The traders were not pleased at the restrictions
which the Californian authorities could not well help
enforcing to a certain extent; and they redoubled
their efforts at smuggling. In most cases they were
successful, not much to the displeasure of any one in
California, and without leaving any trace of 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, 1S28, gov. 's order in Dept. Pec, MS., vi. 103-3; Dept. St. Pap.,
S. Jose, MS., iv. 72-3. Nov. 2Gth, gov. permits foreign vessels, after dis-
charging their inward cargoes, to carry lumber from Monterey to Sta Barbara.
Dept. lice, 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.
33 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
afcer publication of this order. Dept. St. Pap., Ben. Com. and Treas., MS., i.
95. But in August Echeandia says the tax is 10%. Dept. Rec, MS., vi. S6.
Feb. 1st, woollen and silk of Mexican manufacture free of duties. Dept. St.
Pap., Mont., MS., i. 20. Coods still received as duties. Vallejo, 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.l2]j per ton. /</., vi. 103. Averia duties from July 182S to June 1S29,
$256. Mexico, Mem. Hacienda, 1829, doc. 29. Duties were computed by
Martinez at S. Francisco, by taking three fifths of the value, and the tonnage
was reckoned at $2.12£ per ton, less two fifths, a deduction for which he was
blameil by the governor. Vallejo, Doe., MS., i. 157, 1G2.
™Speuce's Uist. Notes, MS., 13.
THE SMUGGLERS. 133
the Karimoho. Captain John Bradshaw of the former
had been granted all possible privileges, his supercargo,
Bufus 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 tin; in-
vestigation of charges. He was 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 Echeandia
prepared to put a guard on the vessel, and applied to
Duhaut-Cilly for a boat. The French captain could
not refuse, but warned Bradshaw and interposed de-
lays. On the morning of the 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 senl
after the flying craft, with no apparent effect; but
<°May 7, 1S23. Dept. Rec., MS., vi. 200.
41 A warning had conic from Lore*. > i.i May. D pt. Rec., MS., vi. '203. Du-
haut-Cilly, Viaggio, ii. 194-200, who was at S. Diego at this time, denounces
one \Vki Simpson, a man whom Brad •!riw bad befriended, for having treacher-
ously exposed the Yankee captain' i «■: i,n< ;. II" says there v. a i s ime trouble
about a deposit of cargo to secure duties, but that it would have been amica-
bly arranged but for Simpson's act.
"July 12, 1828, gov. to eoi alcaldes, and padres. The Fra
I'm is t>> Im- detained, if possible, should she dare to enter any port. Dtpt. HI.
Pap., MS., ii. 50-00.
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 riercnng, and that Bradshaw had been
wounded. 43
The affair of the Hawaiian brig Karimoho occurred
also at San Diego late in the autumn. John Law-
lor, or Lawless, as it is often written, was master
of the vessel. He it was who, after having employed
Domingo Carrillo to teach him Spanish, presented
himself to Echeandia to ask for a passport in the
following terms: "Buenos dias, Senor General; mi
quiero to voy to the missions y comprar cueros y
grease con goods ; please mi clar permission. Si quieres,
quieres ; y si no, dejalo. Adios, Senor General." 44
43 June 14th, 18th, July 9th, 11th, 12th, 13th, 14th, 16th, 23d, gov.'s com-
munications on the subject. Dept. 1'ec, MS., vi. 23, 32, 56, 61, 03-8, 72-3. Du-
havt-Cilly, Viaggio, ii. 101-200. Further records dated in December respecting
the credits, etc., left behind by Bradshaw. Dept. Bee, MS., vi. 53, 150-1, 162.
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 sirvi6 de interprete
a dicho capitan, dice que supo tenia este el proposito do largarsc furtivamente
y de hacer fuego sobre la guarnicion si impedia su salida.' Dept. Bee, 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 2Stli (Bradshaw had
really sailed on July 16th). 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. Pattie 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 ho 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
sails were considerably cut up by the grape.' PattiSs Narr., 170, 1S5, 1S9-
201.
11 Vallejo, Hist. CaL, MS., ii. 00-1. 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
LAWLOE'S ADVENTURES. 135
On this occasion he had anchored at San Pedro and
departed without paying $1,000 of duties. He had,
in spite of repeated warnings, touched at Santa Cata-
lina Island, and had even deposited goods there,
besides breeding animals, the exportation of -which was
contra bando. The sails of the Karimoho were seized,
and then Lawlor was ordered to go with part of his
crew to bring over the island goods and live-stock,
which, were to secure the payment of the duties in
arrears. He made all manner of excuses and pleas,
including the suggestion that he could not make the
trip without sails, and that his men on the island
would starve if not relieved soon. The Maria Ester
was employed to "carry Santiago Arguello as investi-
gating officer to Santa Catalina, and perhaps to bring
over the effects; at any rate, Lawlor got a document
in December certifying that all his duties had been
paid; but in January of the next year he was again
warned to quit the island of Santa Catalina within
twenty-four hours. 45
There w T ere twenty-three vessels on the Californian
coast in 1829, besides four doubtful English craft in
Spence's list, eleven belonging to the fleet of 1828,
only six appearing for the first time in these waters,
and one being built in California. 46 Records of revenue
the coast or islands, and come to port with one eighth to get permission to
trade.
■ |3 Oct. 28, Nov. 5, 1S28, gov. to Arguello. Dept. Bee, MS., vi. 121-2, 12k
Nov. Gth. Id. to Virmond, to charter the Maria E4< r. /</., 129. Dec. 1st,
Id. to Lawlor. Id., 147. Dec. 13th (3d?), Id. to Id., ordering him to pay
duties and break up the island establishment. /(/., xix. 157. Doe. 5th, Id.
to Id., arguing the ease, with substance of Lawlor'sconiinunieation. It seems
that Lawlor pretended not to have been captain at the time of the S. Pedro
transaction. Id., vi. 149. Dec. 9th, receipt in full for duties. Id., 154. Jan.
8th, 1829, gov. warns Lawlor to quit the coast. /'/., vii, 54.
l0 See list at end of thi i cbapti r. The vessi Is of 1829 were the Alv'ms (?),
American {$), A I, Baikal, Brodkline, Dhaulle, Fra klin, Funchal,
lil: i:i (':), Ja»irx Cofciifot ('.'), Jural Amjustias, Kiahkta, M<
h >tsk, Planet, Rosalia, Sta Barbara, Susana (?), Pamaahmaah,
Ian, Trident, Volunteer, Vulture, Warren, Washington, Waverl . I
al o a Hawaiian Bchooner aol aamed, Win Aralon master, at S. Podi > in
September. According to the Honolulu Friend, ii. 19 50, l vea Is had ar-
rived from Cal. in 1827, 5 in 1828, but none in 1S29; 2 in 1830.
133 MARITIME AND COMMERCIAL AFFAIRS.
receipts are still more meagre than for preceding
years. 47 There was little or no change in commercial
regulations; but the governor showed a disposition to
enforce the orders of 1828 making Monterey and — ■
provisionally — San Diego the only ports free to for-
eign vessels; and allowing such vessels to trade at the
other ports only by special license and under strict
precautions; that is, in a few instances a trader might
carry goods duly examined and listed at Monterey or
San Diego to other ports for sale by paying the ex-
pense of a guard to remain on board and watch each
transaction. 48 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. 43 A treaty between Mexico and England,
by which English and Mexican vessels were put upon
terms of equality in respect of duties, was forwarded
from San Bias in July; but I find no evidence that
the document had any effect in California. 50
47 Custom-house records seem to make the total receipts at S. Diego
$117,207 for the year. Dept. St. Pap., Ben. Cust.-H., MS., i. passim. Total
revenue at S. Francisco to May 31st, $1,177; at San Diego, §2,000. In De-
cember for S. F., §1,204; for S. Diego in August, §S2G. Dept. St. Pap., Ben.
Mil., lxix. 27-9. Gale states in a letter to Cooper, of May 10th, that the
duties on the Brooldine's cargo were §31,000, of which §20,000 have been paid.
Vallejo, Doc, xxix. 354.
48 Gov. 's instructions of various dates. Dept. Pec, MS., vii. 14, 81, 100-1,
110; Dept. 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. CaL,
MS., i. ISO.
49 St. Pap., Sae., MS., xix. 40-7. Rather strangely, Gen. Vallejo, not only
in his Hist. CaL, but as early as 1837, Exposition, MS., 5-0; Doc. Hist. CaL,
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, sup. govt allows state
authorities to appoint customs visitadores at §4.50 per day on federal account.
Arrillaga, Recop., 1S29, 50-7. July 29th, Mex. custom-house regulations.
Id., 1833, 502-0. 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
Casarin as contador; Francisco Paclieco, comandante of the guard; and Mau-
ricio Gonzalez, guarda, at salaries of §1,000, §800, and §450. Id., 1829, 249-
51; Doblan and Lozano, Leg. Mex., ii. 175-G; Mexico, Mem. Hac, 1831, annex
9, p. 48.
50 July 17, 1S29, Jose" Maria Lista, S. Bias, to captain of the port of Mon-
terey. Dept. St. Pap., MS., ii. 94.
GALE AXD ROBINSON. 137
Most notable among the vessels of the year was
the Brookline, the successor of the Sachem, brought
out by Wm A. Gale for Bryant, Sturgis, k Co., of
Boston, and bringing probably the largest and best-
assorted cargo of miscellaneous goods that had ever
been offered to the Californians. Sailing from Boston
in July 1828, she arrived at Monterey in February
1829. Alfred Robinson, who published a narrative of
his voyage and life in California, in 1885 a resident of
San Francisco, and probably the oldest American pio-
neer of California at this date living, came in the Brook-
line as supercargo's clerk. Gale was disappointed at the
restrictions that had been imposed on foreign com-
merce since he left the coast, and which bade fair to
interfere with the success of his trip; but his wares,
and his prospective duties of $30,000, were a tempting
bait; and without much difficulty he concluded an
arrangement with Echeandia, by which he acquired
practically all the privileges of old, was allowed to
visit all the ports, and to pay his duties in goods. 61
Jose Estudillo was put on board with two or three
soldiers, at Gale's expense, to watch proceedings, and
prevent irregularities at Santa Barbara, San Pedro,
and San Francisco. It would perhaps be uncharita-
ble to suggest, in the absence of proof, that these
employees may have served Gale more faithfully than
they did the revenue officers. 52 Gale was not satis-
fied with the manner in which he was treated, form-
ing an unfavorable opinion of Echcandia's abilities and
honesty, and suspecting favoritism toward his business
51 Robinson's Statement, MS., 2-0, in which the writer gives many interest-
ing items about the methods of trade in those days. Robinson's Ltfe in < 'ali-
fornia, 7-14, where the author speaks of the affair of the FranTdin as having
complicated matters by exasperating the authorities. Mention of arrival and
movements of the Brooldine, permission to trade, etc., in Dept, !!■ c, MS., vii.
100, 116, 158, nil; Vallcjo, Doc.,MS. t L I76j xxix. 316j Dept.8t.Pap., I
Pref.yJuzg., MS., L 22; Wayerly, Voy., Ms.
"April28, 1829, Echeandia'a instructions to Estudillo and the guard. All
trading was to be done on board. Estudillo, Doc, MS., i. 240; Dept. /.'■•.,
vii. 13S-9. July 13th, E. to com. of Monterey, on the privileges granted to
Gale and the precautions taken. Dept. St. Pap., MS., ii. 95 6. Sept. 12th,
Gale allowed to cut wood. VaUejo, Doc, Ms., xxix. -112. Mar. 28th, Clalo
announces the plan to Cooper. /(/. , 330.
138 MARITIME AND COMMERCIAL AFFAIRS.
rival, Hartnell; yet he seems to have clone this year
and the next a larger business than any other trader. 53
An interesting circumstance connected with the
Brooklines visit was the raising of an American flag
at San Diego, noticed in the newspapers on the au-
thority of Captain James P. Arther. 54 He had visited
California before in the Harbinger, was mate of the
Brooldine, and, like George W. Greene, one of his
companions, was still living in Massachusetts in 1872.
"Arthur and his little party were sent ashore at San
Diego to cure hides. They had a barn-like structure
of wood, provided by the ship's carpenter, which an-
swered the purposes of storehouse, curing-shop, and
residence. The life was lonesome enough. Upon
the wide expanse of the Pacific they occasionally dis-
cerned a distant ship. Sometimes a vessel sailed
near the lower offing. It was thus that the idea of
preparing and raising a flag, for the purpose of at-
tracting attention, occurred to them. The flag was
manufactured from some shirts, and Captain Arthur
writes, with the just accuracy of a historian, that Mr
Greene's calico shirt furnished the blue, while he fur-
nished the red and white. 'It was completed and
63 Gale's letters, chiefly to Cooper, in Vallejo, Doc, MS., xxix. 325, 331,
338, 353, 354, 3S3, 400, 412, 434, 444. Feb. 22d, will begin to kill bullocks
to-morrow. Wishes Cooper to see Holmes anil learn the particulars of the
Franklin affair. March 15th, comisario entrapped him into paying 8800 ton-
nage. The governor's license to trade is 'opening the door just enough to
catch my fingers and jamb them.' March 2Sth, wishes his intention to
remain ti'ading 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. l)iego is the 'centre of hell for strangers;'
suspects underhand work in his duties. Will bring no more American cottons
to Cal. Is not allowed to touch at Sta Catalina, and is drinking Monterey
water. Complains of Echcandia. July 19th, hopes Cooper will not lose his
head in the revolution. Sept. 12th, trade dull. Oct. Gth, will despatch the
Brookline sooner than he anticipated. Will pay $25 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. Docs
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 are 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.
■'' 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. Sec also mention in S. F.
Call, July 8, 1877.
LAXG TIIE 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, 58 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
65 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 i-s by no means unlikely to have occurred tx
'" Feb. 1829, investigation by Lieut. Ibarra at Echeandia's ord
St. Pa/,., Ben. Mi'., MS., lxix. 10-1:3, '2.1; liii. 90. The min. of war
the case back on June 13th to be referred to the Guaymas jud je. June 1st,
Bandini ordered to sell the goods. Gov. Bays: 'After deducting t!i • duties
and 10 % due me as judge, you will allow me one hall i ■ and
promovedor, and one half of the rest as aprthensor; the remain di r you will
take for having assisted at the taking'! />■/>?. Rec, MS., vii. IG9. 1
seems to have gone to Mazatlan on the WaaJunijton. ValUjo, Doc., M 3.,
332. Lang was at S. Diego secretly on Dee. 24, L828, where h i met P
the trapper, and told him of his smuggling and otter-hunting purpi 3, II''
said he had a boat down the coast, and his brig had gone t.> i ! I
for tortoise-shell. Pattie concluded t • join Lang, bul on going d
Todos Santos a few days later, found that he had been arrested, rattle's Narr.,
20S-10.
140 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 Doha 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 lady's par-
ents approved the match, and a Dominican friar con-
sented to perform the ceremony. It was hoped there
would be no interference by either civil or ecclesias-
tical authorities, yet a degree of secrecy was observed.
57 May 8, 1S29, Echeandia orders the construction stopped until a proper
permit is obtained. Deft. Rec, MS., vii. 166. May 29th, gives the permit.
Register must be obtained through the com. of Sta Barbara. Id., vii. 166.
Aug. 12th, grants license for trading for one year. Id., vii. 215-16. May
13th, E. had written to Mex. on the subject. Id., vii. 10. Michael White,
California, MS., p. 14-15, says that he built the schooner, with the aid of
his cousin Henry Paine, for Capt. 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
Guadaluj>e. A note in Robbing 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 {J.), Doc., MS., 25, 27, 32, it is stated
that 'Jose" el Americano' (Chapman) was at work on a schooner for P.
Sanchez of S. Gabriel in Sept. 1830; and that Guerra resolved to build
another from the wreck of the Danube, but gave up the idea at the end of
the year.
& Fitch, Xarrarion de laSra viuda del Capitan Enrique D. Fitch, MS., dic-
tated in 1875 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 Menenclez baptized
the American, April 14, 1829, at the presidial chapel
of San Diego. 59 The friar promised to marry the
couple the next day; preparations were made, and a
few friends assembled late in the evening at the house
of the Carrillos. 63 At the last moment, however,
Domingo Carrillo, uncle of the bride, refused to serve
as witness; the friar's courage failed hirn, and the
ceremony could not proceed. 61 Neither the argu-
ments and angry ravings of the Yankee novio nor the
tears and entreaties of the novia could overcome the
padre's fears and scruples; but he reminded Fitch that
there were other countries where the laws were less
stringent, and even offered to go in person and marry
him anywhere beyond the limits of California. " Why
don't you carry me off, Don Enrique?" naively sug-
gested Dona Josefa. Captain Barry approved the
scheme, and so did Pio Pico, cousin of the lad}^
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;™ and before morning were far out on
b9 Arch. Sta B., MS., xii. 345. Enrique Domingo Fitch, Domingo being
substituted for Delano at baptism, was a son of Bcriah and Sarah Fitch of
New Bedford. Alf. Domingo Carrillo was godfather.
6J Besides the immediate family, there were present Domingo Carrillo,
Capt. Richard Barry, Pio Pico, and Maximo Bcristain. Fitch, Vausa 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, andgivenby Vallejo, Hist. Co/., MS., ii. 1 17-22; Vallejo
(J. J.). S&nin%8eencia8,MS., 103-7; and Pico, Hist. Cat., MS.. 21-4, to the
effect that when all was ready and the padre had begun the service, Ait.
Domingo Carrillo, aid to the governor, appeared and forbade the marriage in
Echeandia's name. It is also more than butted that Echeandia's motive was
jealousy, since the fair Josefa had not shown due appreciation of his own
attentions.
M Both the Vulture and the Maria Ester, the latter tinilor command of
Fitch, were on the coast at the time and apparently at S. Di eg o, for it was
the pi'oto of the Maria Ester who took the lady in his boat. Why Fitch .lid
not sail in his own vessel does not appear; bni Kirs Fitch Bays they went in
142 MARITIME AND COMMERCIAL AFFAIRS.
the Pacific. They were married on the evening of
July 3d at Valparaiso, by the curate Orrego, Capt.
Barry being one of the witnesses. Subsequently
they returned to Callao and Lima.
The elopement of Seilorita 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.™ 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 licr statement.
c8 Aug. 29, 1830, E.'s order to A If. Xieto to arrest Fitch. Dept. J?ec, 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 Dona 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 Dona Eulalia was deemed too near his prison, and
Josefa was transferred to the care of Mrs William A.
Richardson. The fiscal pronounced Echeanch'a'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 legal learning.
He now admitted his belief that the motives of the
accused had been honest and pure, also that the affair
might- be settled without referring it to the bishop,
but still maintaining the nullity of the marriage. 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.
01 The objections to the marriage certificate — of which I have the authen-
ticated copy made at this trial— wero that it was slightly turn and blotted;
that it included no statement of tho city or church v here the cen mony was
Eerformed; that the paper was neither legali/cd before .'! i icribanos, cor \ isi d
y the Chilian minister of foreign affairs. Moreover, 1'. Orrego, doI b
curate of the parties, could not marry them without a dispensation from the
bishop.
144 MARITIME AXD COMMERCIAL AFFAIRS.
Many witnesses were examined, both at San Gabriel
and San Diego. 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 diets 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 Mcnenclez, who had
acted irregularly in advising theparties to leave the
country; but nothing is recorded of the result. 65
Only seventeen vessels are named in the records of
1830, besides four that rest on doubtful authority; so
that commercial industry would seem to show dimin-
ished prosperity ; yet the records of this final year of the
decade are less complete than before. 68 A Mexican
report makes the revenue receipts at San Diego for
65 Fitch, Causa Criminal seguida, en el Juzgado Eclesidstico y Vicaria Ford-
nea de la Alia California, contra Don Enrique Domingo Fitch, Anglo-Ameri-
cano, for el matrimonii nulo contraido con Dona Jose/a Carrillo, natural de
San Diego. Ano de. 1S30, MS. This most interesting collection of over 30
documents, of which I have given a brief resume, is the original authority on
the whole matter. Jan. 9, 1831, Fitch writes from San Gabriel to Cajit.
Cooper, denying the rumors current at Sta Barbara that he was doing penance;
says P. Sanchez treated him very well, and seemed anxious to let him off as
easy as possible. He has had trouble with the parents of Dona Josefa, who
abused her, and he will not leave his wife with them. Vcdlejo, Doc, MS.,
XXX. 171.
,;c Sec list at end of this chapter. The vessels of 1830 were the Ayacucho,
Brooldine, Catalina (?), Chalcedony (?), Convoy, Cyrus. Danube, Dryad, Emily,
TRADE IX 1S30. 145
the year $22,432, while the custom-house records
seem to make the amount $36, 875. 67 No vessel of the
year seems to require special notice, neither were
there any important modifications in trade or revenue
regulations. Commercial and maritime annals of 1830
are thus wellnigh a blank. 63 I append an alphabet-
ical list of all the vessels, about 100 in number, be-
sides doubtful records, touching on the coast in 1825-
30, with such items about each as are accessible
and apparently worth preserving. I might add the
dates at which all the vessels, or most of them,
touched at the different ports on their successive
trips; but the information would be of great bulk
and little real value. 03
Fimchal, Globe, Jura, Leonor, Maria Ester, Planet, Pocahontas, Seringapa-
tan (?), Tliomas Nowlan, Volunteer, Washington (?), Whaleman.
07 Unsueta, Informe, 1SJ9, doc. 9. Dept. St. Pap., Ben. Cust.-JL, MS., i.
passim.
C8 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. Yallejo, Doc., MS., i. xxx. 4.3. 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
i —a necessary formality to reduce the duties. Dept. Rec, MS., \iii.
125. Aug. 17th, action of the dip. regulating the dutieson timber exported—
the proceeds belonging to the propiosy arbitrios fund. Leg. Pec., MS., i. 1GG-7.
Mar. .'list, Mex. law on seizure of contraband goods. Arrillaga, Recop., 1831,
227-33. Aug. 24, law on consumption duty on foreign goods. Id. , 1 831 , p. •-'.",.",
(i. 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 t he i ilauds.
Dept. St. 1'itj,., Jim. Mil., MS., lxxxviii. 4. June 30th, J. B. Lopezallowed
to take otter, paying from £1 to $3 per skin to the territorial trea sury. 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 sutler, and some
will lie ruined. Cal. bides bring less than those of Buenos Aire-, being too
dry and too much stretched. Guerra, Doc, Hist. Gal., MS., vi. 140-1.
09 List of vessels in Cal i Eon dan porl . 1825 30:
Adam, Amer. ship, 296 tons; Daniel Fallon, master; at S. Francisco in
Oct. 1826.
Alliance, Amer. ship; doubtfully recorded as having arrived at Monterey
in Oct. 1826.
Alvins, doubtful whaler of 1829.
America, doubtful whaler of Is29.
Andes, Amer. brig, [22 or 172 tons; Seth Rogers, n
spring of 1828 (perhaps autumn of 1827) to spring of 182'.); paid $130 at
IIist. Cal., Vol. III. 10
14G MARITIME AND COMMERCIAL AFFAIRS.
Mont. , and was in some trouble about duties at S. Diego, where she loaded
salt meat.
Ann, Engl, ship; Burnie, master; in Spence's list for 1S29.
Apollo, whaler; at Sta Cruz, 1823.
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
Pt Pinos. She re-appeared under a Russian name in 1828, having been sold
to the Russ. Co.
Argosy, Russ. brig, 140 tons; Inestrumo, master; at Monterey and Bodega
in 1826, from Sitka.
Asia, Span, ship of war, 70 guns, 400 men; Jose" 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. 1S30. (See later lists.)
Baikal, Russ. brig, 202 tons; up and down the coast from R,oss to S.
Diego each year from 182G to 1830; Beuseman master, and Khlebnikof super-
cargo, in 1S2G; paid $1,216 at S. Diego; Etholin, master in 1S2S; brought
vaccine matter in 1829.
Becket, Hamburg brig; doubtfully recorded as having trouble about smug-
gling at S. Diego in 1828.
Bengal, Engl, ship; in Spence's list for 1S25.
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. 1S28.
Broohline, Amer. ship, 376 or 417 tons, from Boston; Jas O. Locke,
master; Wm A. Gale, sup.; Alf. Robinson, clerk; Arther, mate; Bryant &
Sturgis, owners; arr. Mont. Feb. 1829; paid §31,000 at S. Diego; wintered
on the coast until 1830. (See text.)
Cadboro, Engl, schr, 71 tons; Simpson, master; at S. Fran, from Colum-
bia Riv. Dec. 1827.
Catalina, Mex. brig; C. Cristen, master; Eulogio Celis, sup.; doubtful
record in Hayes' list, 1830.
Chalcedony, bark; Jos Steel, master; doubtful record of 1S30.
Charles, Amer. whaler, 301 tons, 21 men; S. Fran. 1S26.
Clio, Amer. brig, 179 tons; Aaron W. Williams, master; came in 1828
to load with tallow for Chili.
Comele, French ship, 500 tons, 43 men; Antoine Placiat, master; came in
1827 as a rival to the Jlcros; tonnage at Mazatlan; duties, §1,04S at Sta B.
Comtante, Span, man-of-war; surrendered with the Asia at Mont, in 1825.
Convoy, brig; at S. Fran, in Oct. 1830, paying 8321.
Courier, Amer. ship, 200 or 293 tons; Wm Cunningham, master; Thos
Shaw, sup.; Geo. W. Vincent on board; on the coast from 182G (possibly
1825) to 182S, paying §937.§1,5SG, and .$1S0 in duties on different occasions.
Cyrus, Amer. whaler, 320 tons, 22 men; Da v. Harriens, master; at S. F.
in 1826; also at Sta B. Dec. 1830, with 1,500 bbls oil, to be coopered at S.
Dieu;o.
Danube, Amer. ship from N. Y.; Sam. Cook, master: arr. early m
1830, and was soon wrecked at S. Pedro; hull sold for §1,701 and cargo for
$3,3 IG in Feb. to Dana and Guerra.
Dhautte (or Dolly?), Amer. brig; Wm Warden, master; at Mont. July
1829, from Honolulu; carried 47 horses to the Islands.
Don, whaler; at Sta B. 1S25.
Dryad, Engl, brig, from Columbia River; arr. Mont. Dec. 22, 1S30.
Eagle, Amer. schr; at Sta B. Jan. 1S25 (re-named Sta Apolonia, q. v.)
Elena, Russ. brig; Moraviof, master; 10 guns, 49 men. 10 officers; Karl
von Schmidl and Nicolai Molvisto, passengers; wintered at S. Fran. 1825-6.
EU a, Engl, brig; J. Morphew (or Murphy), master; 1S25-0; §9,500 of
cloth to McC., II. &Co.; paid $1,112 duties at Sta, B.
Emily Mar ham; .-it Sta B. Sept. 1828, from Sandw. Isl.; took prisoners
from Sta B. in Feb. 183 J; perhaps had returned in autumn of 1829.
MARINE LIST 1S25-30. 147
Factor, Amcr. whaler; John Alexy, master: at S. Fran. 1825.
Favorite, Engl, whaler, 377 tons, 35 men; John Fort (Ford?), master; at
Sta B., from London, Oct. 1827.
Jl.i'tx, whaler, 303 tons; Win Ratiguende (?), master, 1S28.
Franklin, Amur, whaler, 294 tuns; Wni Collin, master; at S. Fran. 182G.
Franklin, Amer. ship, 333 tons; John Bradshaw, master; Rufus Perkins,
and later J. A. C. Holmes, sup.; on the coast from 1827 to 1S29. (See text
for her troubles at S. Diego in 1828.)
Fulham, Engl, brig; Virmond, owner; came for hides and tallow, and win-
tered 1827-8.
Fwnchal, Engl, brig, 190 tons; Stephen Anderson, master, owner, and
sup.; on the coast from autumn of 1S2S to Feb. 1830, sailing from S. Pedro
with 10,-100 hides.
Gi eral Bravo, Mex. brig, 100 or ISO tons; Melendez, master; at Mont.
Oct. -Dec. 1820, with tobacco.
General Sucre, Amer. brig; Carlos Pitnak, or Pitnes (?), master; left a
deserter S. Diego, 182S.
Globe, Amer. brig, 190 tons; Moore, master; at Monterey 1830, for Guay-
maa.
Golovnin, Russ. brig; at Mont. Dec. 1827.
Griffon, Amcr. brig, from Honolulu; Peirce, master, 1828.
Guibale (or Gaibale?), Amer. schr, 121 tons; Thos Robbins, master; at
Sta B. April 1S2S.
Harbinger, Amer. brig, 180 tons; Jos Steel, master and consignee; Thos
B. Park, sup.; two trips from the Islands in 182G-8; paid §150, $570, $1,250;
carried away two fugitive friars in .Jan. 1828.
Ilelveiius, doubtful whaler of 1829. (See later lists.)
Heros, French ship, 250 tons; Auguste Duhaut-Cilly, master; trading on
the coast 1827-8. (See text.)
Huascar, Engl, brig under Peruvian flag, 249 tons; Scott, Alex. Skee, or
J. M. ( >yagiie, master; Hurtnell, passenger; cons, to McG, H., & Co., 1827-8;
paid $010 at S. Fran.
Inca, Engl, brig, 170 tons, 11 guns; Wm Prouse (or Prause), master;
from Callao to McC., II., & Co. in 1820 (possibly arr. in 1825); then to
Liverpool in 128 days.
Tndi m, Engl, ship; in Spence's list of 1829.
/ re, Hawaiian brig, lo5tons, 1820.
Isabella (or Sarah and Elizabeth), Engl, whaler, 250 tons, 28 men; Ed-
ward David, master; Mrs Hartnell, passenger; at Sta B., from Mont. Oct.
1827.
James C<>Jeman, Engl.; Hennet, master; in Spence's list for 1S29.
Jdven Angustias, -Mex. schr; at Sta B. Sept. 1820; also doubtful record
of 1823.
Juan Battey, doubtful name of 1825; John Burton, master.
Junius, Engl, brig; ( larter, master; at Mont, in 1825, paying S3. 0G3 duties.
Jura, Engl, brig; at sta I'.., from Mazatlan, May L830.
Karimoko (or Garimacu), Hawaiian brig, 128 tons; John Lawlor, master;
Win Walts (':), sup.; on the coast 1827-8, paying $14 and Sill I. (See texl
for smuggling adventures.)
Kiakhta, Kus<. brig, built in Cal., running between Ross and S. Fran.;
wintered at S. Fran. 1825 Sand 1828-9; paid $95 and $1,548.
Laperin (or Lapwing?), Kuss. brig; doubtful record of Nov. L828.
Lconor, Mex. ship, 207 tons; -■', men; Henry I). Fitch, master; brought
convi bsin L830. (See text for Fitch's runaway marriage.)
Magdalena (or Victoria), Mex. Bchr, 00 tons; Ramon Sanchez, ma
coast winter of L827-8.
Maria Ester, Mex. brig, 170 or 93 tons; owned by Henry Virmond, who
was on board in 1828; came from Lima or Mex. ports every year from
ls-_\,to l :,;;:>; Davis, master iii is'.",; to McC., H., St Co.; paid$3
ter 182G 9; broughl artillerj in 1828; John A. C. Solmes, master in 1830;
brought convicts. Possibly 2 vessels of same name.
148 MARITIME AND COMMERCIAL AFFAIRS.
Maria Theresa, Amer. whaler, 291 tons; Win Guilcost, master; at S. Fran.
1826.
Massachusetts, Amer. whaler, 343 tons, 21 men; Seth Calheart (?), master;
at S. Fran. Oct. 1827.
Mercury, Amer. whaler, 340 tons; Wm Austin, master; at Sta B. Nov.
1826.
Mero, Amer. ship, 300 tons; Barcelo Juain (?), master; doubtful record
at Sta B. Nov. 182G.
Merope, Engl, ship from Calcutta and China; Espeleta, sup. ; at S. Fran.
Sept. 1S25.
Minerva, Amer. whaler, 160 tons; D. Cornelio, master; at Sta B. Oct.
1828.
Moor, whaler of 1826.
Morelos (formerly S. Carlos), Mex. transport; Flaminio Agazini, com.; at
Mont, and S. Fran. 1825.
Nile, Amer. brig; Robert Forbes, master; trouble about $600 duties in
1S25.
Okhotsk, Russ. brig, 150 tons; Dionisio Zarembo, master; on the coast
1S27-S-9; paid $55 and $179; in trouble for having transferred cargo to
Kiakhta.
Oliphant, brig; doubtful record as having loaded at Callao for Cal. in 1S27.
Olive Branch, Engl, brig, 204 tons, 13 men; Wm Henderson, master;
Jas Scott, sup.; cons, to Mancisidor from Callao for hides and tallow; win-
tered 1826-7, paying $510.
Orion, 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.
Pizarro, Engl, brig, 1S25-6; cons, probably to McC, H, & Co.; paid
$4,712, and $523.
Planet (or Plant), ' Amer. ship, 208 tons, 20 men; Jos Steel and John
Butter, masters, 1829-30.
Plowboy, Amer. whaler, Chadwick, master; at S. Fran. 1825.
Pocahontas, whaler, 309 tons, in 1828.
Pocahontas, Amer. ship, 21 men; John Bradshaw, master; Thos Shaw,
sup.; autumn of 1830.
Rascow, whaler, 362 tons; Geo. Reed, master, 1S2S.
Recovery, Engl, whaler; Wm Fisher, master: at S. Fran. 1825.
Rosalia, Amer. ship, 323 tons; Bruno Colespedriguez (?), master; at S.
Pedro, Oct. 1S29.
Rover, Cal. schooner, 83 tons; Cooper, master; Argiiello, owner; made
a trip to China and back 1825-6, and then sailed for Mex. ports; paid $812;
left $5,250 in goods at S. Diego. (See text.)
Sachem, Amer. ship, Bryant & Sturgis, owners; Wm A. Gale, sup.; on
the coast from 1825 to Jan. 1S27, when she sailed for Boston; duties as
recorded $4S9, $2,003, $^2.
Santa Apolonia (formerly Eagle), Mex. schr; Manuel Bates, master;
Ramon Sanchez, sup.; Urbano Sanchez, owner; loaded with tallow at S.
Luis Obispo in Aug. 1826.
Santa Barbara, schr. built in Cal. 1S29 for otterdnmting and coast trade.
Sta Rosa, doubtful name of 1825.
Serinijapatan, 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 1826.
Snow, doubtful record of 1825.
Solitude, Amer. ship, or Engl, brig; Jas or Chas Anderson, master,
182G-8.
MARINE LIST 1S25-30. 1-19
Speedy, Engl, brig, to McC, H. & Co., 1826; carried §20,907 of tallow-
to Callao.
Spy, Amer. schr, 75 tons, accompanying the Sachem, and offered for salt-;
Geo. Smith, master; on the coast 1825-7; also called in some records the
Spray.
Susana, Engl, ship; Swain, master; in Spence's list for 1829.
Tamaahmaah, Hawaiian brig, 180 tons; Robt J. Elwell, master or sup.
in 1827; John Meek in 1S29.
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.
Tt nieya, Amer. brig; paid §232 at Sta B. 1827.
Thomas Nowlan, Engl, ship, 201 or 301 tons; Wm Clark, master, 1S2G-
7; cons, to Mancisidor; paid §2, 1S5 and §2,199; John Wilson, master, 1S28-
30; paid $858.
Tiemechmach (?), Amer. brig from N. Y.; John Michi (Meek?), master,
1S25.
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 1S25.
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.
Ycrnle, Amer. schr, 140 tons; Wm Deny, master, 1S28.
Volunteer, Amer. bark, 120 or 220 tons; Wm S. Hinkley, master; John
C. Jones, owner; from Sandw. Isl. 1S29-30; carried Sobs and other prison-
ers to S. Bias in 1830; paid §4,054 at S. Fran.
Vulture (or Buitre), Engl, brig, 101 tons; Rich. Barry, master; Virmond,
owner; from Callao 1828-9; paid §1,130.
Warren, Amer. whaler; Win Rice, master, 1820; also Amer. ship, per-
haps the same, at Mont. Dec. 1S29.
Washington, Aiacr. schr, 52 or 140 tons; Robt Elwell, master from 1S28;
A. B. Thompson, sup.; from Sandw. Isl. 1S25-G-7-8-9 and perhaps 1830;
paid $49, §232, §93; carried horses to Honolulu.
Washington, whaler, 317 tons; Wm Kelley, master, 1820.
Waverly, Haw. brig, 142 tons, Omen, 40 kanaka hunters; Wm G. Dana,
master, 1820; carried away 1,428 guilders, 2,000Span. dollars, 4 bars silver, 138
otter skins, 212 seal skins; Bobbins, master, 1827-8; John Temple, passenger,
1827, from Islands; in 1829 carried horses to Honolulu.
Wlialeman, schr; at S. Fran, winter of 1825-0; perhaps a whaler. Writ-
ten also Guelman.
Whaleman, brig, 310 tons; Jos. Paddock, master; from Society Isl. 1S30.
Wilmantic, Amer. whaler, 3S4 tons; Juan Bois, master, L828.
Wilmington, Amer. ship, 364 tons; John Bon, master; at S. Pedro Oct.
1 829. ( Probably same as preceding. )
Young Tartar (or Jove n Tartar), Engl, schr, 95 tons; John Brown (?),
master, 1826-7 (possibly 1S25); paid $580; cargo insured in Loud..., L827
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 ivcpiiro 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 01 this chapter.
CHAPTER VI.
OVERLAND— SMITH AND PATTIE— FOREIGNERS
1S26-1830.
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 4U°, an arc for the most part of sierras
nevadas so far as could be seen, with a zone of desert
beyond as yet unknown — had never yet been crossed
by man of foreign race, nor trod, if w T e except the
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 — struggling onward from year 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
ex) tcditions as directly affect Californian territory.
These began 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
l A few English and American deserters, leaving their vessels at Todbs
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 Bomewhat greater w< ight rests in the possi-
bility that trappers may have crossed the northern Frontier before L826. It
is not improbable th.it Hudson's Hay Company men may have done so from
the Willamette Valley on one or more occasions, though there is no i
definite record than the rumorof 1820 I, 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.
3 Smith, Excursion a I'ouest des Monts Rnchj. Extrait d'une lettrr, de Jr.
Jedidiah Smith, emjrtoyc de la Compagnie des Pelhteries, in Nouv. Ann. c/e.s
Voi/., 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, 1S27. 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-
21-0, errs chiefly in dates and order of events. He makes Smith start in
1824 and lead a party of hunters through the Green Paver country, south of
Salt Lake, over the Sierra Nevada near Walker Pass, into the Tulare Val-
ley. In June 1825, leaving his men on the American Fork — whence the
name — he re-crossed the sierra with two men. Starting back for California
in the autumn of 1S25 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
lie reached S. Gabriel late in 1S2G. 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, ami 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 1820
Smith was sent back with a reenf orcein ent. 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. I }a-
briel on Dec. 20, 1S20, where they were arrested,' etc. Cronisealso publishes
a translation of 2 documents from the archives, of which more Liter.
Thomas Sprague, in a letter of Sept. 18, 1860, to Edmund Randolph, pub-
lished in Hatchings' 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 Paver, 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. Jose 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 found
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.,
aversion 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 18G0, 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, 1807: '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 I !.
translating Smith's letter to I'. Duran, andTuthill, Hist. Cal., 124 5, aswell
as Frignet, La California, 68 60, mention Smith's arrival in 182G in o gen
oral 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 Echeandia 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, Elver of the West, 34, andllines,
Voyage, 110, though these writers speak with reference to later events in
Oregon, and derived their information from distinct sources. The Yolo Co.
Hist., 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.
* The details of the route are worth preservation briefly, though not clear
in all respects. Started Aug. '-!2<1 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 journees dc marche 1'Adams River tourne au 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 Ammuchcebes (Amajabes, or Mojaves), where he remained 15 days.
This was 80 miles above where the Seeds-Kceder, under the name of Rio Col-
orado, flowed into the gulf of California. Re-crossing the Seeds-Keeder, he
went 15 days west into a desert country, and across a salt plain S 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, 1820, and signed by Wm G. Dana, Win H.
Cunningham, Wm Henderson, Diego Scott, Thomas M. Robbins, and Thomas
Shaw, in />■/'/. St. Pap., MS., ii. 19-20. An English translation has been
published in several works.
SMITH IN CALIFORNIA. 155
he 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 the Sierra, and were reported to be in a dot i-
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 wer*e
issued to detain the whole party, but Smith had left
San Bernardino before the orders could be executed.*
•Dec. 39, 1826. Echeandia 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., Sac, 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: ' Moil arrivee dans la Hautc-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, capitaine du
< 'ourrier de Boston, ayant repondu de moi, j'obtins la permission de retour-
ner avee ma suite, ct d'achetcr des provisions; mais le gouverneur refusa de
me laisscr cotoyer la mcr 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 spokcof a fight in which he killed 8 In liana,
especiallyas2 women are also said to have beenkilled. Smith himself, Ext r-
non, )>. 211, gives no details nor even mention of having come in contact with
til- Spaniard i at this time, lie says, in eontinuat ion of quotation of Qote 6,
'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 1 named Kimmel-ehe from the tribe li\ in^
on its banks, I found beavers, etc. Here I remained someday.'-; 1 intended
to return to Salt Lake by crossing Mount Joseph; but the snow \\:i
on i Ue heights that my horses, ."> of which had died of hunger, could not ad-
vance. 1 was therefore obliged to re-descend into the valley.'
8 Letters of Santiago Arguello t.> comandante of s. Diego and to gov., w ith
156 OVERLAND— SMITH AND 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 was 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. Rec,
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.
Pec, 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. 27. 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 find out the aims of the strangers.
Id. May 21st, Martinez from 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 woidd not receive, but which Martinez had had translated
and sent to Monterey for Hartnell to retranslate. The Indians say that there
arc 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. 2S-33.
10 May 19, 1S27, Spanish translation of Smith's letter, in Dept. St. Pap.,
MS., ii. 1S-19. English version, in Randolph's Oration, 313-14; and other
works. French version, in Fri'jnet, LaCal., 5S-60.
FIRST CROSSING OF THE SIERRA FN" 1827. ir-7
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 inarch 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. 1 ' 2
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.
V* Still it is not impossible or unlikely that in this trip or on the return
Smith went through Walker Pass, as Warner ami others say, or followed the
Humboldt or Mary, .a; Spraguc tells us; but the gold discovery on the way as
related by Sprague merits no consideration, in the absence of other <\ idence
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
entries to California, the first being by Mojave in 1826, ami the . ■
by Walker Pass in 1827. On Wilkes' map of 1841, reproduced in vol. W. of
thi i work, Smith's route is indicated, on what authority Is not stated, by a
Lin ctending s. w. from Salt Lake, ami approaching the Bierraon the 39th
parallel, with a lake on the line in Long. 119°, and three streams running N.
between the lake and mountains. A peak in the sierra just N. of 39 is called
Mt Smith; and Mt Joseph i^ at the northern end of the range in lat. II .
This may all rest on accurate reports,
15S OVERLAND— 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, 1S27, Echeandia to Martinez. Dept. lice, MS., v. 48.
14 Gov. 's orders of Aug. 3d, Sept. 14th, Oct. 1st, 16th, in Dept. L'ec, MS.,
v. 73, SS, 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 either to remain in
the country or to rejoin his leader. He also corrects an impression that Smith
is a captain of troops, staling that he is but a hunter of the company of Smith,
Jackson, and Sublette. Dept. St. Pap., MS., ii. 30-7.
15 The Spanish records make the number 17, which is probably accurate,
though records of a later event in Oregon speak of IS. Morincau, 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-
tion, 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
ediab 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. ls This is really
the last that is known of Smith in California, win to
four and perhaps five men of his party remained, be-
sides Turner who came back later. I have accredited
these men to the year 182G, 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-
al have, in Vallcjo, 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 1 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'a pa
11 Nov. l.'.th, E. to com. of S. Francisco. Dryt. /,',.-.. MS. v. 107. Louis
Pombert, ;l French I lanadian, left Smith's party about this time and remained
in the country. Dept. St. /'"/»., Ms., \i\. 25 8.
iiello to gov. Dept. St. Pap , \1 3., ii. 15.
10 Bu'j urges, Recuerdos, MS.. 1 I. Bays he left S. Francisco by water on an
100 OVERLAND— SMITH AND PATTIE— FOREIGNERS.
ties. 20 While attempting to ford the Umpqua River
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 iu 1884, and an excellent authority
on all connected with the earliest American pioneers,
although he did not himself reach California until
the beginning 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, 1S28, 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 20th, 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. 250. But May 6, 1S29, he
was ordered as bondsman by gov. to pay 8176 due from Smith. Dept. Rec,
MS., vii. 14S. June 23, 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.
- 1 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 of Cal,, 42, erroneously names two of the three survivors
Laughlinand Prior. Victor, River of the West, 35-0, names Turner and Black.
The particulars of the Umpqua fight belong to other parts of this series.
See Hist. Or. and Hist. Northwest Coast. The map given herewith is copied
from one in Warren's Mem. In Pac. J!. A'. Repts, xi. pi. iii., being a reduction
from A. Finley's map of N. America published at Philadelphia in 1820.
- Hunter'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
McLeod, 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 his furs, which were
spoiled by melting snow before they could be moved.
M w of 1S26.
McLeod was discharged for his imprudence or for his
bad luck. Meanwhile the company had hastened fco
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
v. Lth Smith, and derived much profit from his disaster.
Jl 'l'!ic McLeod lavcr, generally written McCloud, was named l>y or in
honor Of this hunter.
i is one of Smith's trails, probably the most northerly, though War-
ner makes it the earliest.
Hist. Cal., Vol. III. 11
1G2 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 McLeocl
left it. 25 He also obtained a rich harvest of skins
during his stay of eight months, and carried his furs
to the north by 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 were 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
25 It seems rather unlikely that this could have been accomplished so soon
as the autumn of 1S28. Either it was in 1829, or Smith had reached Fort
Vancouver early in 1828, instead of in the autumn as has been supposed.
- ,; 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 list. N. W. Coast, i., this series. Cronise, Nat.
Wealth, 41, says that French Camp, near Stockton, was located by a party of
Hi- trappers who encamped here from 1829 to 1838. In Humphreys' Letter
to Gwin, 1858, p. 5, it is stated that Richard Campbell of Sta Fe came with
pack-mules from N. Orleaus to S. Diego in 1S27. I find nothing more on the-
subject.
21 I'attie, Narr., 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, 28 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 was 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 (juia of the N. Mex. custom-house as a
passport. Arrest them and seize their arms. Dept. Bee, MS., vi. 194; Pottle'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. Jo
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
Btrangely names only Slover in his narrative, speaking also of a Dutchman;
and mi the other hand, Pattie's own name appears only once in the archives.
w Pattie, The Personal Narrative of James 0. Pattie, of Kentucky, during
(in expeditionfrom St Louis through the uast regions b< tw& n that 'place and the
Pacific Ocean, and thence back through the city of Mexico to Vera Crvz, during
journei/iinjs <>/' sir ;/< nrs; in which In- and his father, who accompanied hin
j'i red unheard-of hardships and dangt rs, hud various conflicts with the Ino
and were made captives, in which captivity his father died; together with ■
8 ;ription of the country, and the various tuitions through which tht y passed. Ed-
ited by Timothy Flint. 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,
diiri.i'i mi r i„ il'ii'm ii in the Rocky M 'mi nta i n 9, New Mexico, and California, by
B. Bilson, New fork, 1847, 8vo, 100 pp., is called by T. W. Field, see S
Dictionary, viii. 569 To, 'a reproduction of Pattie's narrative, which the
penury of the thieving writer's imagination has nol empowered him to
clothe with nevi Language, or interleave with nevi incidents;' yet this reprint
ach 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
1G4 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. Heaclley
rolls the story of Pattie's sufferings, taken from one of the preceding works,
ami erroneously called the first overland expedition to California. Cronise,
Nat. Wealth of Gal., 45, says, 'the particulars of Pattie's journey were pub-
lished with President Jackson's message to congress in 1836.' The subject is
vaguely and incorrectly mentioned in Greenhow's Hist. Ogn, 3G6; aud Capron's
Hist. 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.
31 Dr Marsh, Letter to Com. Jones, MS., 1S42, p. 3, says they came to S.
Diego on a friendly visit, 'were well received at first, and shown into com-
fortable 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 thecountry.' Where Marsh got this version, which leaves even Pattie
in the shade, does not appear.
THE HUNTER'S TALE. 165
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 sister 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 smuggling, 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 FranJdin. 53 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
"He calls the young lady Miss Peaks, and the couple may hai
Pico and ids sister. A certain capitan de armaa is also mention
of a friendly disposition, though he did not dare to brave the tyrant's
The reference may be to Pori ilia or Ruiz. It is remarkable that Pattie came
ti ii into contact with the governor, and nut at all with the COmand
"•Nee preceding chapter for affair of the FranMin. Pattie's statements
that Bradshaw's trial was concluded July 28th, that the FranMin ran oul of
the harbor in Sept., and that she fired abroad ide at thei itive,
oneous, and yet so clo ely connected with details of his own anah
to leave a doubt as to the accuracy of those details.
1G6 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 array 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 Echeanclia 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 gazed 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
34 These two were probably Sloverand Tope, since these i are the only ones not
recorded as being in California in 1829. Warner Bays Sloverand Pope(with
Geo. C. Yount, whom nobody else connects with this expedition at all) Btarted
SAVED BY SMALL POX. 1C7
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 lie 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
Seiiorita Pico, unless his proposition were accepted.
There were many stormy scenes, and Pattie was often
remanded to prison with a curse from Echeandia, 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-
perimenl . :;i
from New Mexico with the company, but returned from the Colorado without
coming to Cal. There mu I 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 issue. 1 passports to Pope and Slover, who started
from \. Mexico for Sonora, but lost their way and entered CaL Dept. ffec,
MS.) vi. L3. Pope came back some years later, and has left bis name to Pope
Valley, Napa county, where he lived and died. May 1, 1828, E3. had written
to the com. of Altar about the 8 Americans detained at S. Diego, whom he
thought it expedienl to send back to the < lolorado under a guard, that they
mighl go to Sonora according to their custom-house permit. Uept. R
vi. 9. July -"'tli, the gov. of Sonora writes to the alcalde of A liar on the sub-
ject, and presumes that the com. gen. has already issued the proper instruc-
tions. The captives are alluded to as suspicious charactei s. Pinart, I 'oL 1 >>>■■.,
Hon., MS., I."..
: '" Bradshaw had really been gone over a month at the time when these in-
ters iews an- said t<> lo\ e taken |
s " It is implied by the \\ titer thai ; to the
Californians, and evi which is absurdly inaccu
168 OVERLAND— SMITH AND PATTIE— FOREIGNERS.
It was deemed best to take no risks. By a false
promise to their friend, the capitan de armas, 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 smu<xarler,
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
Toclos Santos; but learning that Lang had been ar-
rested, they returned. Their comrades were still at
liberty; no trouble was made by Echeandia 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 year
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
hail any vaccine matter in their possession in 1S2S, nor is it evident that Pat-
tic could have kept that whichhe had from being taken. I suppose that all is
exaggerated for effect, but that Pattie may have been really employed 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 1S21
the Russians had vaccinated 54 persons at Monterey.
37 See p. 139, this volume, for Lang's adventures.
ss Pattie's carta de seguriclad of Feb. 2Sth is preserved in Dept. Rec., MS.,
vii. 89. It is as follows: 'Whereas, Santiago Ohio Pattie, who came into this
territory hunting beaver in company Avith 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
comaudantc 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. 14th, Dept. St. Pap., MS., xix. 44, Pryor, Puter, and Yorgcns are
named, Pryor being already at S. Luis Rey. He received a carta deseguridad
April 52th. Id., xix. 1S-19. It is doubtful if any of them were kept in prison
alter their return from the Colorado.
A TOUR OF VACCINATION. 1C9
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 he 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 paclre 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 Peyl
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
1, and he gives no particulars of his voyage, save
"Strangely enough t hero is no record in the archives respect ing the
of small-pox or Pal : ional tour; yet his statement is confirm*
the fact that the statistical tables Bhow an extraordinary number of deaths
this year among the [ndians of all the northern missions. (See note 36.) Sta
( !ruz, S. •) <■• '■. and Sta < Jlara do not appear to have been visited at all.
in the extreme north only the few who had not had the small-pox wen
cinated.
40 He had seen Don Sereldo, aa he calls the Russian manager, at S. Diego,
and had boen implored t Le ja and admini iter hi • remedy.
170 OVERLAND— SMITH AND PATTIE— FOREIGNERS.
of the first week's terrible sea-sickness. Back at Mon-
terey, 41 be 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, 43 for presentation
to the American minister at Mexico, Echeandia ven-
tured to doubt that his wrongs would be redressed,
though he granted a passport that he might go to
Mexico and try. Spending tbree days de 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
earlier.
42 See chapter Hi., 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 built on a substratum of truth; and there is apparently deliberate
falsehood respecting his personal exploits in the capture of Solis.
"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 statement s.
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 wore,
according to the unwise policy of Mexican laws, liable
to arrest. Presidio fare, and especially prison laic,
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
r< ception,and disgusted with their situation, but they
weir 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
" Letter in Vallejo, Doc, mnc. 85. In L883a man whose name I cannot
recall, apparently trustworthy, while visiting my Library, stated that his \\ Lfe
was a niece of Pattie, and thai the latter bad spent some time al her residence
in San Diego in late years, or at leasl since 1860. The man promised to ob-
tain from his wife a more definite statement on the subject, tmt 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 18G6 — -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. 45
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 earky 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. 2G, 1SGG;
Nevada Daily Gazette, Oct. 25, 18GG; and others hi Hayes' Scraps, Cat. Xutc*,
ii. 309-12.
40 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, 1829,
that five deserters from Upper California were captured on the frontier of the
peninsula, one of whom, an Englishman, stabbed a neophyte, and was shot by
anoth( r. 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 down as if
they owned it, Echeandia refused to recognize their
authority, and they went away in disgust.* 9
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 1S27, and not referring to the fur business, in
o, Doc, MS., xxix. 153-4, 1G3.
18 April 28, 1828, provisional license granted. Hunting parties must be
made up of at least two thirds Mexican citizens. Mexico, Mem. Eel., L829, p.
22. Aug. 7th, the comisario communicates the concession to Herrera.
accounts must be kept of number, size, and quality of skins. Dept. St. /'a/'.,
Ben. Com. and Treaa., MS., i. 106. Dec. 23, L828, ■■ iv. announces the lii
in < !aL, and says that the parties will be allowed to catch otter. />-;<■'. ffec.
MS., vi. 162. '
" Vallejo, Hist. Gal., MS.,ii. 124-5; Alvarado, Hist. Cal, Ms., ii. [28 9.
Fernandez, Coaaade Cat., MS., 58-9, mentions their failure to get an exclusive
but says nothing of their having come to Cal.
*°Dcpt. ffec., MS., vii'i. 14. 18, 69: Dept. St. Pap., Ben. Pref. u Jttzg..
MS., i. 31.
174 OVERLAND -SMITH AND PATTIE— FOREIGNERS.
expedition is that of Ewing Young, the Tennessecan,
or Joaquin Joven 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. 54 It had been the intention to return
from the Colorado in December to sell furs and buy
51 Warner's Reminix., MS., 37-9. In Dept. St. Pap., ii. S4, 113, is Young's
passport of 1829 signed by Henry Clay.
"July 15, 1830, report of Jos6 Berreyesa. Dept. St. Pap., MS., ii. 135-9.
One of Young's passports was vised 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. Cusi.-H., 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. Ho also speaks of the fight with Indians, but indicates that
it was to recover stolen horses rather than to aid the neophytes. Yallejo, Dor.,
MS., xxx. 135. Dec. 23d, Echeandia to alcalde of S. Jose. Speaks of 4
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.
&l Warner says that James Hig^ins killed an Irishman 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., Pen. Pre/. yJuzg., MS.,
i. 97. Juan I ! i^uins, probably the same, remained in Cal. for 5 or G years at
least. Dept. St. Pap., MS., iv. 15G, 159.
FOREIGN RESIDENTS. 175
mules; but Young 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 year. 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 conclu-
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.
65 Young to Cooper. Vallcjo, Dor., MS., xxx. L35.
88 S< e alphabetical regi iteroi pioneers al end of vol. ii. -v. Also a list of pio-
neera who came before L830, nt the end of vol. ii. of this work.
"Aug., Dec. 1826, ordera of sup^ govt againsl admis ion of foreigners
without passports circulated by gov. and comandontes, S. ./.>.«, Arch., MS.,
vi. 25; Dept. tiec, MS., iv. '2o.
176 OVERLAND— SMITH AND PATTIE— FOREIGNERS.
Of new-comers for 1826, 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. 53 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 Echeanclia, 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. 60 My list of newly arrived pioneers for the
year contains twelve names, the total number, includ-
ing visitors, being about thirty. 01 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, Wm H. Cunningham, Win 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. W T ilson the
negro.
69 Sup. Govt St. Pap., MS., iv. 1; Dept. Bee, MS., v. 19, 53, 95; Dept.
St. Pap., S. Jos6, MS., v. 12.
cu St. Pap., Sac, MS., xvi. 1-3; Drpt. Bee, 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.
61 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. Mutrel, William Smith, and John Temple.
REGULATIONS OF 1S2S. J 77
Robert J. Elwell became most prominent in California ;
though Bradshaw, Holmes, and Leandry wore also
well known men. It 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 been included in the list of
that year, though they left the company of hunters,
and some of them arrived, in 1827.
Orders of the Californian 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, 03 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
™Dept. Bee, MS., vi. 21, 27, 177, 102, 194; vii. 25; St. Pap., Sac., MS.,
x. 98; \'aJltj<>, J><><\, MS., xxi.w passim. The Americans celebrated July 4th
by burning much powder on the vessels at S. Diego.
03 Mexico, Decreto sobre Pasaportes y motlo </•■ adquirir propiedades los
Estrangeroa, 12 de Marzo de 1S2S. 12 articles. In Schmidt's Civil Law of
Spain (iml Mexico, 346-51 . in Spanish and English; Haves' Mex. Laws, 81-2.
^Mexico, Reglamento para el ramode Pasaportes—decretadoporelPresi-
dente en 1 de Mayo 1828. Printed copy in Pinto, Doc, i. 3. 25 articles,
cumbered as 22. Also in Dept. St. /'",<., Angeles, MS., i\. 30-6; and part "t"
it in Vallejo, Doc, MS. Omitting minor details, this regulation was i'i
nice 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, bnsi
etc., to the customs officer, who wdl grants
are not Spaniards, and have a, passport from the general government, or from
duly accredited Mexican agenf \ abroad, or a bond from the consul or agent
of their nation at the porl of landing, or of a Mexican citizen. The I
without which no foreigner could leave the vessel, must be presente I within
IIist. CAL., Vol. III. 12
173 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. 6 "' Several of these became in later times locally
prominent; and one of the number, Henry A. Peirce,
is still living in 1884, beinor 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 seguridad 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