History of California (Bancroft)/Volume 3/Chapter 1

HISTORY OF CALIFORNIA.

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CHAPTER I.

A TERRITORY OF THE MEXICAN REPUBLIC.

1825.

Ratification of the Federal Constitution—Junta de Californias in Mexico—Compañía Asiático-Mexicana—Sessions of the Diputation-Echeandía Appointed Governor-Transfer of the Office at San Diego-Biography of Don Luis Argüello—Ecneandía's Companions—Pacheco, Zamorano, and Ramirez—Herrera as Comisario de Hacienda—The Missions—The Padres Refuse Allegiance to the Republic—The Diputacion on Secularization—Padre Duran 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 annals of California as a province of Spain and of the Mexican empire to the year 1824. In the present volume I continue its history as a territory and department of the Mexican republic to 1840. But while 1825-40 are the chronological limits assigned, it has been found inconvenient, as already explained, to make the subdivisions of time and topics agree exactly. Local annals have been continued in an earlier volume to 1830; herein they are completed for another decade, and the regular thread of political history is followed to 1840; but the institutional history for 1836–40, including some important phases of foreign relations, is necessarily left for the first six chapters of volume iv. The leading features here presented are the developdevelopment of republicanism, the downfall of the missions, revolutionary movements, the first overland explorations, growth of foreign-influence, the up-building of commercial industry, and the complicated series of political and sectional controversies. At the end of the volume I continue alphabetically the biographical register of pioneers begun in volume ii.

Early in 1825 Governor Argüello 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 exactly 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 subject; or further, on what authority the two Californias 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 attention was paid to this distant frontier, either in this or any other year. The first president did well enough, however, at the beginning, for he not only appointed a ruler, with a superintendent of territorial finances, but he sent troops, arms, supplies, and even a little money. I have noticed the lack of any constitutional provision for territorial government; but to aid the president in this respect a special board, or council, the 'junta de fomento de Californias,' was organized.^[2]

In a note I have given the titles of this junta's reports. Ex-governor Sola was a member, though not a very prominent one. None of the plans ever attained to the dignity of law, but each had an influence 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 Echeandía, on which the junta reported January 3, 1825, are not extant. In the suggestions made, especial importance is attached to the obtaining of accurate information about the country, its people, and its productions; and it is evident from the allusions to Vizcaino, 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 Californias. Great circumspection and careful instructions were recommended on the mission problem and Indian policy, subjects which must be treated with much delicacy to avoid trouble until a radical reform could be effected by means of definite laws. The junta expressed 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 possible encroachments of Russians and Americans on the north. There was yet some doubt whether the boundary 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 urgent necessity. Particularly was the attention of the government called to the prospective importance of the northern province, both by reason of its varied products and of its frontier position.^[3]

The plan of April 21st for foreign colonization may be disposed of, since I have no space to give the document 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 included 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 accumulations of mission capital. It was deemed desirable 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 Compañía Asiático-Mexicana, protective of Californian industrial development. Monterey was to be a grand commercial 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 lands. The author of the project, Tamariz, 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 destiny. "Fortunate the Californians in the midst of the promised land; happy the provinces that adjoin that land; lucky even the hemisphere that contains it," writes the enthusiastic Mexican in substance page after page. The scheme was a grand one on paper – too grand to go any further; for though approved by the famous junta, and favored apparently by president, cabinet, and congress, it was never heard of so far as I know after 1827.^[6]

In addition to the acts of the president and junta de fomento, there is nothing to be noted bearing on my present topic, beyond a few minor routine communications 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]

On receipt of the constitution, Argüello at once summoned 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 Argüello administered the oath to the garrison drawn up under arms, and to the assembled citizens of all classes. A salute of artillery, and the usual shouts of acclamation, with ringing 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 Prefect Sarría declined to sanction republicanism. On the 28th of March Argüello forwarded copies of the constitution to the different presidios and pueblos, at each of which it was ratified with appropriate ceremonies before the end of May. At San Francisco Padre Esténega conducted the customary religious services, though it is not certain that he took the oath. At San Diego, as at Monterey, the padres refused 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]

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 management 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 authorities. 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 Miñon, 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 José María Echeandía, an officer said to have been director of a college of engineers in Mexico. His appointment as gefe político superior and comandante general militar of both Californias was perhaps dated the 31st of January.^[12] In June he sailed from San Blas to Loreto on the schooner Nieves. Possibly he had come up from Acapulco on the Morelos, which was at San Blas at the time en route for Monterey; but I think not, though some of his officers came on that vessel and joined him there.^[13] He remained at Loreto from June 22d until October, reorganizing peninsular affairs, issuing a reglamento, and appointing a sub gefe político.^[14] He finally set out for Monterey by land on October 4th, but, worn out by the hardships of the route, soon despatched to Argüello an order to meet him at San Diego, where he arrived late in October.^[15]

Meanwhile Argüello first heard of Echeandía’s appointment on July 4th by a letter from the latter dated June 25th, and announcing his arrival at Loreto en route for the capital. Later in the month, probably by the Morelos, came the official notice from Mexico.^[16] The order to meet his successor at San Diego came about the 26th, on which date Argüello replied that the state of his health would not permit him to make the journey so rapidly as was ordered, but he would come slowly.^[17] Two days later he sailed on a schooner for San Diego,^[18] where he turned over his office in November. Though Argüello was doubtless displeased at this innovation on his own 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 contemplated resistance. The records, however, are far from complete, and both Alvarado and Vallejo credit Argüello with a patriotic refusal to listen to the counsels of Montereyans and the troops who urged him to take advantage of Echeandía’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. Echeandía 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; 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 Argüello remained in California, 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 append here his biography.^[22] Don Luis was the first

hijo del país called upon to rule California, and he filled most creditably a position which was by no means free from difficulties. Had the rival candidate, José de la Guerra, been chosen, it is hard to point out in what way he could have ruled more wisely. Argüello'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 extraordinary 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 foreigners, and especially to the Russians; and when he became governor, he still continued his innovations in 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 José María Estudillo, José Joaquin de la Torre, and José Antonio Carrillo; but none of these were Californians 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 companion, a bon vivant, so far as a man could be so in this poverty-stricken province, free with his money, in fact a spendthrift, and always in debt. His peculiarities 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 Blas, besides Echeandía, Alférez Romualdo Pacheco and Alférez Agustin V. Zamorano, both engineer officers, and probably from the college of which Echeandía had been director, the former coming as aide-de-camp and the latter as secretary to the governor; also Alférez José María Ramirez, a cavalry officer, whose position at this time under Echeandía is not apparent; Alférez 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 alférez, Juan José Rocha, though it is possible that he came on to Monterey by the Morelos. Of Estrada and his men, though they remained ten years in the country, 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 Echeandía 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 Blas,^[25] was José María Herrera, who, being sent as comisario subalterno de hacienda to administer the territorial finances, did not stop at Loreto, but came on to Monterey, where he arrived July 27th, and took possession of his office August 3d, relieving Mariano Estrada, who had hell a similar position under a different title by authority of the diputacion. Herrera was subordinate to the comisario general de occidente at Arizpe, and in financial matters he was largely independent of Echeandía. He brought with him a memoria of goods worth $22,379, and $22,000 in silver;^[26] but there was no provision made for the back pay of the troops; and Herrera refused to comply with Echeandía'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 minor correspondence on routine aspects of the department, 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 Gonzalez in command of a detachment of artillerymen, who was immediately made a captain, and became comandante de armas at Monterey by virtue of his rank. There also came, probably in this vessel, and certainly about this time, three more alféreces, or sub-lieutenants, Antonio Nieto, Rodrigo del Pliego, and José Perez del Campo, the first being in command of a small body of infantry sent as a guard to eighteen convicts condemned to presidio life in California for various offences. With few exceptions, the new-comers, whether officers, soldiers, or convicts, were Mexicans of a class by no means desirable as citizens.^[29]

Prefect Sarría, 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 California had been only a question of time. Yet that the agreement had not been entirely unanimous is indicated by Padre Esténega's participation in the religious services at San Francisco as well as by ocurrences of a later date. Sarría 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 threatened; 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 example of their prelate in refusing allegiance. He also proposed that such as took this course should be deprived of all control over the temporalities of their respective missions, which should be intrusted to administrators. Argüello 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 Argüello 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 Antonio 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 issuing 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 presidency of the missions, an office that since the death of Señan had been held by Sarría in addition to that of prefect.^[32] Duran also refused to take the oath, not, as he said, from any "disaffection to the independence," 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 imposes."^[33] Meanwhile the news of Sarría's refusal had been sent to Mexico, and in June an order of President Victoria was despatched to California that the royalist prefect should be arrested and sent to Mexico by the first vessel.^[34] This order was carried into effect in October, as appears indirectly from Echeandía'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 Sarría'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 prelate's prohibition. The government called for a declaration as to the nature of that prohibition; and also desired Padre Esténega to be informed of its great satisfaction at his patriotic conduct in pronouncing a stirring discourse at the taking of the oath.^[36]

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 cheerfulness, 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 permission to take the supplies by force. Padre Viader wrote that Santa Clara had to buy wheat for its neophytes, 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 the temporal administration." The destitution was very great at San Diego, but the comandante in his letters implies that the padres gave all they could. The commandant of Santa Bárbara had a sharp correspondence with Padre Ibarra of San Fernando, trying to prove that the furnishing of supplies 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, not be surprised if Mexico were to send to California for supplies. From San Luis Padre Luis Martinez complained of everything in general, and in particular of some 'missionaries' of a new sect, including one of the Picos, who were travelling with a barrel instead of a cross, and were making many converts to drunkenness, while the soldiers of the escolta did nothing but destroy.^[37] In Mexico the guardian made a detailed representation to Minister Alaman on the critical 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.^[38]

The junta de fomento took up the question of mission policy, which was regarded as one of the most important matters submitted to that board. In its dictámen on Echeandía'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 mission 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 government in the Californias. "The junta is not ignorant that from the Spanish system of discoveries and spiritual conquests has resulted all the progress made in the Jesuit missions of old California, and in those founded later in new California by the Fernandinos. It knows the consideration and the praise which these establishments have merited, not only from Spaniards, but from enlightened foreigners; and it has given due weight to all the reasons ordinarily urged in defence of the system to show it to be not only just and convenient, but absolutely necessary. Still the junta has not been able to reconcile the principles of such a system with those of our independence and political constitution, nor with the true spirit of the gospel. Religion under that system could not advance beyond domination. It could be promoted only under the protection of escoltas and presidios. The gentiles must renounce all the rights of their natural independence to be catechumens from the moment of baptism; they must be subjected to laws almost monastic, while their apostles deemed themselves freed from the laws which forbade their engaging in temporal 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 the missions does not correspond to the great progress which they made in the beginning. This decadence is very noticeable in Lower California, and would suffice to prove that the system 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, like the prefatory remarks which I have quoted, the feeling on the subject in Mexico under the republican régime; and while as a whole it never became a law, it doubtless had an effect on subsequent legislation respecting secularization. In the colonization plan proposed by the junta a little later, the expense of bringing settlers from Mexico and an allowance for their support during a term of years were to be taken from the mission capital, which was supposed to have accumulated during the friars' administration; but the amount was to be 'equitably divided' between the sums due the missions for supplies and the funds actually on hand! Echeandía took some time to investigate the condition of mission affairs, and therefore did little or nothing this year which could indicate his policy.

Of the forty-seven vessels more or less clearly recorded 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 commercial, 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 superintendence. McCulloch, Hartnell & Co.'s vessels were probably 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 año de los insurgentes," and made hasty preparations for a flight to the interior, while the governor prepared his garrison 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 governor. The commander soon landed, and proved to be José Martinez, an old acquaintance of the Argüellos. A short interview served to remove all fears,^[43] and the motives of the strangers were soon explained.

The ship was the Asia, or San Gerónimo, of seventy-four guns and six hundred men; and three days later her consort, the brigantine Constante, with sixty men, anchored in the harbor. These vessels had formed a part of the royal Spanish squadron operating against the rebels on the coast of South America. Together with the Aquiles and the transport Garinton, they had sailed from that coast for Manila in January 1824, after the fall of Callao, under Roque Guruceta. On the way the men revolted in March 1825, at Guahan, one of the Mariana Islands. They landed all the officers and passengers who would not join in their scheme, burned the Garinton, put José Martinez, formerly 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 directed their course to California, as the most practicable route, and with a view of obtaining supplies. This was the account given by Martinez with more details on his later arrival at Acapulco.^[44]

An agreement was signed on May 1st, by which Martinez formally surrendered the Asia and Constante to Argüello 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

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 induced 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 Argüello's appointment. The Mexican government approved the action of the Californian 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 federal navy were sent round to Vera Cruz, and the Asia was subsequently known as El Congreso.^[47] Several

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

The third vessel of the fleet, the Aquiles, did not join the others at Monterey, but made her appearance at Santa Bárbara early in May; neither did her commander, 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]

One other visit to California this year requires special attention, from the fact that the voyager published his experiences in a book. I allude to that of Benjamin Morrell Jr., in the American schooner Tartar. 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,^[50] 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 cañon — but the century has not yet rolled round.^[51]

The customs revenue for the year was from $8,000 to $11,000, so far as may be determined from the records.^[52] Vessels seem to have paid duties in accordance with the plan of 1824 and the subsequent action of the diputacion abolishing the duty on exported produce after January 1st, though the governor, owing to a 'forgetfulness which was natural,' neglected to publish the decree until March.^[53] Echeandía'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 país 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. Thompson 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 unprecedented 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 buildings 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 considerable changes in the course of the southern streams and general drainage of the country are reported, notably at Los Angeles and San Diego. More particulars 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.

Notes

1. Mexico, Constitucion Federal de los Estados Unidos Mexicanos, sancionada por el Congreso General Constituyente el 4 de Octubre de 1824. Mexico, 1824, 16mo, 3 l. xviii. 62 p. 2 l. 3 p.; with at the end the following: Mexico, Acta Constitutiva de la Federacion Mexicana. 31 de Enero, 1824. Mexico, 1824. 16mo, 12 p. There are other editions of both documents. In the Acta the division into states and territories had been different, the two Californias 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 Manuel Ortiz de la Torre. Gov. Argüello understood Cal. as a territory to be attached to the state of Mexico. Dept Rec., MS., i. 120; Dept St. Pap. Ang., MS., i. 82-4.
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, José Ign. Ormaechea, Mariano Dominguez, Tomás Salgado, Francisco de P. Tamariz, Manuel Ibarra, Francisco Cortina, Ignacio Cubas, Juan J. Espinosa de los Monteros, José Mariano Almanza, Francisco Fagoaga, Alejo García Conde, Cárlos M. Bustamante, Servando Mier, Isidro Icaza, Diego García Conde, Pedro Cárdenas, Juan Francisco Azcárate, Tomás Suria, sec’y, Crecenio Suarez, sec'y.

   The various reports of this body were printed in Mexico, 1827, under the following title: Junta de Fomento de Californias — Coleccion de los principales trabajos en que se ha ocupado le Junta nombrada para meditar y proponer el Supremo Gobierno los medios mas necesarios para promover el progreso de la cultura y civilizacion de los territorios de la Alta y de la Baja California. Año de 1827. This collection includes the following documents: Dictámen que dió la Junta, etc., sobre las instrucciones que para el Geje superior Político. Dated Jan. 3, 1825. 16 pages, 8vo; Plan para el Arreglo de los Misiones de los territorios de la Alta y de la Baja California. April 6, 1825, 11 p.; Plan de Colonizacion Estrangera (subtitle — Reglamento á que debe sujetarse la colonizacion, etc.), dated April 24, 1825, 8 p., with a diagram; Plan de Colonizacion de Nacionales para los territorios, etc. (subtitle — Reglamento para la colonizacion por familias de los Estados Federados de Mexico, en los territorios de Californias), dated May 30, 1825, 18 p., 3 sheets, with a diagram; Plan Político Mercantil para el mas pronto Fomento de las Californias, including 1st, Correspondence Feb.-July 1825; 2d, Proyecto para el Establecimiento de una compañía de comercio directo con el Asia y mar Pacífico, cuyo punta céntrico debe ser Monterey, capital de la Alta California, la cual será conocida baja el nombre de Compañía Asiático-Mexicana, Protectora del Fomento de la Peninsula de Californias. Presented to the president by its author, Francisco de Paula Tamariz, Dec. 14, 1825, 14 p.; 3d, Proyecto de Reglamento en Grande para el Establecimiento de la Compañia Asiático-Mexicana. Dec. 14, 1525, 18 p. (numbered 24); Iniciativa de Ley que propone la Junta para el mejor arreglo del gobierno de los territorios de Californias. Dated May 12, 1827; including a Subdivision de los territorios de la Alta y de la Baja California en cuatro distritos, of June 26, 1826; and the final brief report of the junta announcing the close of its labors on Aug. 31, 1827. 44 p.

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

3. Jan. 6, 1825, José Argüello wrote to Captain Guerra from Guadalajara that a board had been established in Mexico to make regulations for Cal. Guerra, Doc., MS., vi. 97. The dictámen, so far as it relates to Indian policy, is incidentally quoted by Manuel Castañares in an address of March 30, 1844, to Congress. Castañares, Col. Doc., 12, 14, 50. Both Alvarado, Hist. Cal., MS., i. 122-3, 233-6, and Vallejo, Hist. Cal., MS., i. 299-300, speak of Sola as the leading spirit of the junta, which devised many liberal and enthusiastic measures without the slightest idea as to where the money was to come from. 'Fifty years later,' says Alvarado, 'in the hands of energetic men backed by coin, some of these plans might have proved successful.'
4. See chap. ii. this vol. for reglamento of 1828.
5. There are several other items, but as the recommendations were never adopted, it seems unnecessary to notice them.
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 company is also mentioned in Castañares, 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 government, 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 virtues 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 benemérito gefe político Argüello answers in his last communications for good order and strict administration of justice, even in their actual condition.' Mexico, Mem. Justicia, 1826, p. 6. General information on finances of California, and relief sent from Mexico in 1824-5, in Mexico, Mem. Hacienda, 1826, p. 27. Aug. 6th, Minister Alaman orders gefe político to report on the suspension of the assembly, and to propose an administrative system. Sup. Govt St. Pap., MS., iii. 9.
8. I shall have more to say on the action of the friars. Action of the diputacion March 26th, in Leg. Rec., MS., i. 41-3. March 28th, Argüello sends out the new constitution to be ratified, and orders all copies of the old Spanish constitution to be collected. Dept Rec., MS., i. 116; St. Pap., Sac., MS., xiv. 37. Apr. 22d, constitution received at S. Francisco, and will be published on Sunday. St. Pap., Sac., MS., xix. 36. May 1st, comandante describes the ceremony, 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 ayuntamiento, with the approval of the diputados, Palomares and Carrillo, set at liberty a prisoner, Juan José Higuera. Original record in Doc. Hist. Cal., MS., iv. 739, 743. May 1st, Comandante Ruiz describes the ratification at S. Diego, where not only the Franciscans but apparently 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 José, and to the three days of bull-fighting and other diversions that followed. S. José, Arch., MS., vii. 22; Dept St. Pap., MS., i. 116-17. I find no record of the event at Sta Bárbara. Dec. 4, 1826, the governor sends copies of the constitution and acta constitutiva to be circulated among the escoltas and padres. Dept St. Pap., Ben. Mil., MS., lvii. 23.
9. Leg. Rec., MS., i. 41-6. more of this topic when I come to speak of the missions. From Doc. Hist. Cal., MS., iv. 725, it would appear that at a session held early in this year the office of comisionado for the pueblos was restored.
10. May 21, Argüello to comandantes and prefect. Dept Rec., MS., i. 119. May 22d, Argüello to ayuntamiento of Los Angeles on same subject. Dept St. Pap., Angeles, MS., i. 82. June 3d, comandante of S. Francisco has published the order. St. Pap., Sac., MS., xiv. 36.
11. As early as April it was known in Cal. that Miñon would not come. With his successor Argüello at that time expected 60 artillerymen. Apr. 11th, Argüello 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 announced by Minister Pedraza in a letter to Argüello. Sup. Govt St. Pap., MS., iii. 3. Feb. 28th, Echeandía to Herrera, announcing his appointment with a salary of $3,000. Dept St. Pap., MS., ii. 1. The fact that he was director of the college of military engineers in Mexico rests on the statements of Valle, Lo Pasado, MS., 1, and Ord, Ocurrencias, MS., 42-3, but is probably accurate.
13. In April-May he was at Tepic, and had some trouble about collecting pay and supplies for his troops. St. Pap., Sac., MS., x. 27-9. He also asked to be relieved of the military command. Sup. Govt St. Pap., MS., iii. 4. June 7th he was at Tepic, expecting to sail on the Morelos, a new name for the old San Cárlos. 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. Echeandía's statement in 1827 was that he sailed from S. Blas June 12th, and reached Loreto in 10 days. Dept Rec., MS., v. 103. June 25th he wrote to Argülleo from Loreto. Dept St. Pap., MS., i. 120-1.
14. See Hist. North Mexican States, ii., this series.
15. In July he sent up to S. Diego for mules. Arch. Arzob., MS., iv. pt ii. 150. Oct. 4th, started. Dept St. Pap. Ben. Mil., MS., lvii. 3. Oct. 18th, sent order to Argüello to come south. Guerra, Doc., MS., iv. 161-2. Oct. 31st, writes from S. Diego. Dept St. Pap., MS., i. 74; Dept Rec., MS. ii. 6.
16. July 4th, Argüello to comandantes with purport of Echeandía's letter. Dept St. Pap., MS., i. 120-1. July 22d-3d-8th, Argüello had received official intelligence. Id., Ben. Mil., MS., liv. 9; Dept. Rec., MS., i. 230; ii. 37. Oct. 1st, Argüello expected his successor soon, and had made preparations for his reception, being uncertain whether he would come by sea or land. Guerra, Doc., MS., iv. 159.
17. Oct. 26th, Argüello to Guerra. Guerra, Doc., MS., iv. 161-2.
18. Dept St. Pap., MS., i. 80.
19. Vallejo, Hist. Cal., MS., ii. 48-51; Alvarado, Hist. Cal., MS., ii. 105-9. Vallejo states that the padres took advantage of the excitement in the north to create a prejudice against Echeandía. Both imply that there was a sharp correspondence before Argüello 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 exaggerate the popular feeling, looking at it through the colored glasses of memory, 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., 87-9, implies that a certain lady of S. Diego had more influence than all the rest. General mention of Echeandía's arrival without additional details, or blunders worthy of notice, in Machado, Tiempos Pasados, MS., 21, 23; Amador, Memorias, MS., 85; Ord, Ocurrencias, MS., 19-20; Lugo, Vida, MS., 12-13; Ávila, Cosas de Cal., MS., 25; Petit-Thouars, Voy., ii. 90; Mofras, Explor., i. 293.

    The version of one author, who has made claims to be an accurate historian, is worth a record here. I allude to that given in Willson's Mexico and its Religion, 148-50. 'The new republic was at peace, and the surplus soldiery had to be got rid of. It was not safe to disband them at home, where they might take to the roads and become successful robbers; but 1,500 of the worst were selected for a distant expedition, the conquest of the far-off territory of California. And then a general was found who was in all respects worthy of his soldiery. He was pre-eminently the greatest coward in the Mexican army — so great a coward that he subsequently, without striking a blow, surrendered a fort, with a garrison of 500 men, unconditionally, to a party of 50 foreigners. Such was the great General Echandrea, the Mexican conqueror of California; and such was the army that he led to the conquest of unarmed priests and an unarmed province.' 'Had there been 50 resolute persons to oppose them, this valiant army would have absconded, and California would have remained an appanage of the crown of Spain,' etc. 'When the prefect of the missions was shipped off to Manilla the war was at an end.' Comments on this rubbish are unnecessary.

21. As early as Nov. 9th, Sepúlveda from Los Angeles congratulates Echeandía on his arrival, and is glad that he will make San Diego his capital. 'You may count on this dismembered ayuntamiento and on all under my command.' Los Angeles, Arch., MS., i. 2, 3.
22. Luis Antonio Argüello, son of D. José Diarío Argüello, then alférez of the Sta Bárbara company, and Doña Ignacia Moraga, was born at San Francisco presidio June 21, 1784, and was christened the next day, his godparents being Lieut. Moraga and wife. S. Francisco, Lib. Mis., MS., 20. He entered the military service as cadet of the S. Francisco company on Sept. 6, 1799, and was promoted to be alférez of the same company on Dec. 2, 1800. St. Pap. Sac., MS., xi. 5; Vallejo, Doc., MS., xv.94; Gacetas de Mex., x. 240. This same year he petitioned for license to marry Doña 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 montepío fund at her husband's death, unless he were killed on the field of battle. The wife died at S. Francisco, Feb. 6, 1814. Prov. St. Pap., MS., xix. 40, 196-7; Prov. Rec., MS., ix. 101. She is said to have been remarkable for the kindness of her disposition and for her influence over her somewhat erratic husband. Amador, Mem., MS., 121; Lorenzana, Mem. de la Beata, MS., 3.

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

    About 1818 Capt. Argüello 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 orer the coast mountains, to S. Rafael; and in 1822 he accompanied Canónigo Fernandez and Prefect Payeras on a trip to Bodega and Ross. Meanwhile he had married, in 1819, Doña Soledad, daughter of Sergeant José Dolores Ortega, who brought him as a dowry of somewhat doubtful cash value her father's arrears of pay due from the royal treasury.

    Argüello was elected acting governor on or about Nov. 11, 1822, Arch. Arzob., MS., iv. pt i. 96; St. Pap., Sac., MS., xi. 6, and took possession of the office on the day of Sola's departure, on or about Nov. 22d. The events of his rule have been already given. His office of governor being only provisional, he still retained nominally the command of San Francisco. After he resigned rule at S. Diego in Nov. 1825, I think he remained for some time in the south with his brother, Don Santiago. On April 15, 1826, Echcandía ordered his pay as comandante to cease, the reason not being explained. Dept Rec., MS., iv. 31. On May 20th Echeandía ordered him to S. Francisco to take command of his company. Id., v. 46. Aug. 8, 1827, the minister of war was informed that Argüello claimed the commission of lieutentant-colonel that had been given him by Iturbide. Id., v. 128. Oct. 7, 1828, Echeandía relieved Argüello of his command in consideration of ill health; and on Nov. 20th he was ordered to Monterey 'for the good of the service.' Id., vi. 109, 138. His purchase of the Rover, his enterprise in the China trade, and the resulting lawsuits with Capt. Cooper, the only notable events of his later life, are noticed in other chapters.

    Argüello's military record down to the end of 1828 gives him 29 years, 3 months, and 27 days of service, with an addition of 11 years and 11 days for campaigns. Echcandía 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 conduct is now loose, doubtless from excessive drinking. He was suspended from command for reasons presented to the supreme government on Feb. 15, 1528.' 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. Esténega. S. Francisco, Lib. Mision, MS., 73-4; Vallejo, Doc., MS., xx. 165. Mariano Estrada was the executor of the estate, S. José, Arch., MS., i. 36, which five years after his death was in debt to the missions to the extent of over $1,000. Dept. St. Pap., Ben. Com. and Treas., MS., iii. 76-7; S. Francisco, Cuentas, MS., v. 1. To his widow, Doña Soledal, was left the rancho of Las Pulgas, and notwithstanding the depredations of lawyers and squatters, she was in easy circumstances until her death in 1874. None of the sons of Don Luis ever acquired any prominence in public life. The Californian writers, almost without exception, speak in the highest terms of Argüello's honesty, ability, and kindness of heart: See Alvarado, Hist. Cal., MS. ii. 102-4; Vallejo, Hist. Cal., MS.,i. 327-30; ii. 42-3; Osio, Hist. Cal., MS., 5-21, 57; Amador, Mem., MS., 81-3; Castro, Rel., MS.. 13-14; Ávila, Cosas, MS., 22; Romero, Mem., MS., 10; Machado, Lo Pasado, MS., 21; Spence's Notes, MS., 14; Hayes' Em. Notes, MS., 505; Sta Bárbara Press, Oct. 24, 1874; S. Diego Union, Oct. 29, 1874.

23. In 1833 this body of men was spoken of as the piquete del 2ᵒ batallon permanente, consisting of 1 sergeant, 3 trumpeters, 3 drummers, 1 corporal of fusileers, 1 corporal of artillery, 9 grenadiers and chasseurs, and 16 fusileers — 34 in all. Dept St. Pap., Ben. Mil., MS., lxxvi. 31.
24. Pacheco's first important service was rendered this year, when he escorted Lieut.-col. Romero to the Colorado on his way to Sonora; explored two routes to the river; and perhaps made some preparations for permanently opening one of the routes. See vol. ii. p. 507 et seq., this work.
25. Dept Rec., MS., v. 103; Herrera, Causa, MS., 67.
26. Mexico, Mem. Relaciones, 1826, p. 32; Mexico, Mem. Hacienda, 1826, p. 27, and annexes, 9, 25. Two hundred boxes of manufactured tobacco seem to have been also sent, worth $23,863; and there was an order on the comisario de occidente for $12,000, which does not seem to have been paid at this time. A small part of the $22,000 was perhaps spent at Loreto. With reference to the tobacco, Huish, Narrative, 426, says that the government, by way of paying up arrears of 11 years at S. Francisco, sent a brig with a cargo of paper cigars to be issued to the troops in place of dollars; but as Martinez observed, cigars would not satisfy the families, and the compromise was refused!
27. Sept. 1st, Echeandía's order to Herrera. Dept. Rec., MS., ii. 2. Oct. 15th, Herrera to Argüello, explaining his reasons for not obeying, and alluding to other communications. Dept St. Pap., MS., i. 105. It is likely that Echeandía 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 Echeandía 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 mission items of supplies to escoltas that cannot be included yet. Vallejo, Doc., MS., i. 98. Nov. 17th, the habilitado of Sta Bárbara objects to the comisario 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 distribution of the small revenue he controls; and he will make to the public a respectful statement of his administration. Guerra, Doc., MS., vi. 148-9.

    General mention of Herrera's appointment and arrival. See Mexico, Mem. Hacienda, 1826, p. 27, by which it appears that he was appointed on Feb. 8th; Dept St. Pap., MS., iii. 209-10; Leg. Rec., 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, administrator sub-principal, comisario de guerra, sub-comisario, treasurer, superintendent of customs, etc.

29. The number of the soldiers, both artillery and infantry, is not recorded. Vallejo, Hist. Cal., MS., ii. 62-6, and Alvarado, Hist. Cal., MS., ii. 110-14, confound this arrival of convicts with the later ones of 1830. A list of the 18 convicts who started is given in St. Pap., Sac., MS., X. 20-2, and of the 17 who arrived, in Dept St. Pap., Ben. Mil., MS., lvii. 3, besides mention of several of the number in Id., li. 2-3. Eight or nine came with definite sentences, 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 Echeandía, or at least about the same time. He was soon sent overland to Sonora, perhaps in the hope that he would be killed by the Indians, where he arrived in March 1826, after narrowly escaping death at the hands of the Yumas. After having been employed by Gen. Figueroa on various commissions, he was sent back, and on the way he was killed by Alf. José María Ramirez at S. Vicente, Lower California, in a personal quarrel, probably in September 1827. Dept St. Pap., Ben. Mil., MS., lvii. 21; Dept Rec., MS., v. 96-7, 130.

    One of the companions of Gomez bore the illustrious name of Fernando Cortés, 'de muy mala fama en toda la república,' but of whose Californian experience 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 Ávila, condemned to death for murders and robberies in Puebla, but pardoned on condition of exile to California. Another of the band was Francisco Badillo, sentenced to 10 years of presidio work in chains, or to be shot without hesitation or formality should he venture to move from the spot where he might be put to work. In 1835, the time having expired, Badillo was set at liberty, but remained in the country. Dept St. Pap., Ben. Mil., MS., lxxvi. 20-2. In 1833 he had been charged with a new robbery. Id., lxxiv. 44. He was married in 1830 to his mistress at Sta Bárbara. Carrillo (José), Doc. Hist. Cal., MS., 26. He at one time kept a monte bank at Sta Bárbara, and Manuel Castro once found him concealed under the table, and stealthily reaching out to steal his own money, merely, as he said, to keep in practice! After a long career as cattle-thief, he was finally lynched about 1860, his body with that of his son being found one morning hanging to a tree with the feet very near the ground. A little granddaughter wept bitterly because the cruel Americans allowed her grandpapa to die when a little earth under his feet would have saved him! Another son known as Six-toed Pete escaped across the frontier. Alvarado, Hist. Cal., MS., ii. 251-3; Streeter's Recol., MS., 159-63.

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

30. Feb. 11, 1825. 'My Venerable Sir and Master: After reflecting on the oath we are ordered to take to the federal constitution of the United Mexican States, for which oath you have designated next Sunday, 13th inst., I have decided that I cannot do it without violating what I owe to anterior obligations of justice and fidelity; and this I announce to you, though not without much and very grave regret on my part, since I would like so far as possible to give an example of submission as I have done up to this time; but I cannot, the decision of my conscience opposing. For the same reason I shall not use my influence that the other padres take the oath, nor that they sanction it with mass, te deum, etc., as ordered in your communication of the 3d. I understand that we are threatened with expatriation; but I will pass through all, though with tears at leaving my beloved flock. That which I took up for God, I will always leave if it be necessary for the same God, to whom I have prayed, etc. In other things very much at your service,' etc. Arch. Arzob., MS., iv. pt ii. 135-6. Also letters of March 30th and April 14th, in Id., 137-9.
31. Leg. Rec., MS., i. 44-6. June 3d, governor's order to comandantes, acknowledged by Sarría 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. Rec., MS., i. 117; Arch. Arzob., MS., iv. pt ii. 140. June 3d, comandante of S. F. has proclaimed Duran as vicario foráneo. St. Pap. Sac., MS., xiv. 36. Oct. 15, 1824, bishop grants to president all the powers conferred by the former bishop. Arch. Sta B., MS., xii. 320.
33. Oct. 12th, Duran to Herrera, in Arch. Arzob., MS., iv. pt. ii. 148.
34. June 29th, Esteva to comandante general of Cal. Sup. Govt. St. Pap., MS., iii. 4-5. P. Sarría was, however, to be treated with respect.
35. Oct. 31st, E. to D. Dept Rec., MS., ii. 6. In D.'s letter of Oct. 12th, Arch. Arzob., MS., iv. pt ii. 148, he said that he could not act as prefect until certain that Sarría was out of the province. This shows that Sarría's arrest was probably effected by Argüello before Echeandía's arrival, or perhaps by order of the latter issued while en route.
36. Sept. 2d, Minister Llave to governor. Sup. Govt St. Pap., MS., iii. 1. The general fact of the padres' opposition to the republic is mentioned by nearly all who have written on California annals, and it is not necessary to give specific references. Alvarado, Hist. Cal., MS., ii. 20-5, and Vallejo, Hist. Cal., MS., i. 341-2, dwell on the fact that the padres never lost their feeling of dissatisfaction and anger; that as a body they took subsequently but slight interest in the progress of Cal.; and that through their influence the Indians were disaffected and the difficulties of local government greatly increased. Alvarado is much the more radical of the two. It was the policy, he says, of emperor and clergy to make of the people their burros de carga. This, as they well knew, could not be done with republicans. True, they might win over many influential republicans; but there were so many factions that all could not be controlled. Sooner or later the 'ass was sure to kick.' Therefore, when they could not prevent the establishment of a republic, they wished to leave the country; were not allowed to go and take with them the wealth of the territory; were angry; preached against the existing government; and in short, made all the trouble they could.

    Among other classes besides the padres, there was no special manifestation of feeling for or against the republic at this time. The masses now and later were indifferent; the older officers and soldiers looked with deep regret on the change of government; and some of the younger Californians with the Mexican element were more or less enthusiastic republicans. The Indians had of course no choice, but their condition was in no respect improved by the change. Osio, Hist. Cal., MS., 105-7, has something to say on the advantages of the Spanish rule. He notes that as late as 1842 an inválido 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 José Joaquin de la Torre as president, by which various schemes of independence from Mexico as well as Spain were discussed, and where even annexation to the U. S. was proposed, or a French or English protectorate.

37. Corresp. of Duran, Viader, and Lieut. Martinez in St. Pap., Sac., MS., xiv. 22-4, 35-40. Destitution at S. Diego. Dept St. Pap., MS., i. 110; Guerra, Doc., MS., v. 201-2; Com. of Sta Bárbara vs. P. Ibarra. Doc. Hist. Cal., MS., iv: 731-2; Guerra, Doc., MS., vii. 68-9. P. Martinez to Argüello, Arch. Arzob., MS., iv. pt ii. 135. June 1st, 8th, Argüello on his efforts to obtain supplies from the missions. Dept Rec., MS., ii. 35; Guerra, Doc., MS., iv. 158.
38. July 5th, Guardian Lopez to Alaman. Arch. Arzob., MS., iv. pt ii. 143-8.
39. For an account of the various reports and plans of the junta, see note 2, this chapter.
40. 'La Junta en suma reduce su dictámen para el arreglo de las misiones de Californias á las proposiciones siguientes:' 1. Conversions among gentiles must be effected by visitas and entradas of friars and priests, who must obtain the permission of the government, and will receive their stipends as a limosna, from the pious fund. 2. The supreme government should administer the pious fund, act upon the petitions of those who wish to convert gentiles, and assign to them their stipends and viáticos, 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 as before from the pious fund. 6-7. 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 condition until formally made parishes and delivered to the bishop. 9. The government should reassume the administration of mission temporalities, forming 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.
41. The vessels of 1825 – see also list for 1825-30 at end of chap. V., were: The Apollo, Aquiles, Arab, Asia, Bengal (?), Cárlos Huat (?), Constante, Courier (?), Don, Eagle, Elena, Eliza, Factor, Inca (?), Juan Battey (?), Junius, Kiahkta, María Ester, Merope, Morelos, Nile, Pizarro, Plowboy, Recovery, Rover, Sachem, Santa Magdalena (?), Sta Rosa (?), Snow (3), Spy, Tartar, Tiemechmach (?), Tomasa, Warren, Washington, Whaleman, Young Tartar, and nine American whalers not named.
42. J. J. Vallejo, Reminiscencias, MS., 84-6, and Dorotea Valdés, Reminis., MS., 2-5, have more to say of the fright of the people than others, though all mention it. Osio, Hist. Cal., MS., 91-112, narrates the whole affair at some length. He says that Argüello was importuned to retreat, and that the artillery commander, Lieut. Ramirez, was especially desirous of securing his life, as he had just married a pretty wife with $8,000, but the governor refused to abandon the presidio.
43. P. Altimira, however, still feared some hostile intention; May 12th he sent from S. Francisco a warning to Argüello, declaring that the men were bad, and should be looked upon with horror. He also recommended the sending of the news to Mexico, and stated that the American schooner Tartar at San Francisco would carry a despatch for $1,500. Perhaps the padre had an understanding with Capt. Morrell, and was to have a share of the profits. St. Pap. Sac., MS., x. 10-11. Morrell, Narrative, 209, mentions the man-of-war at Monterey, giving some details.
44. 'Asia' y 'Constante,' Expediente de la Capitulacion, 1825, in Gaceta de Mex., Extra, June 15, 1825, which is devoted wholly to this affair, contains all the documents, and is the best authority. Jules Verne, the novelist, in The Mutineers, a story founded on this mutiny, gives many names and other particulars, which do not seem to be altogether inaccurate. The Asia had carried Viceroy O'Donojú to Vera Cruz in 1821, and Conde de Venadito to Habana, Alaman, Hist. Mex., v. 329, 818-19. See also Zamacois, Hist. Mej., xi. 611-13. The affair is also described in Campaigns and Cruises in Venezuela, i. 404-7.
45. 'Asia' y 'Constante,' Tratado de Capitulacion de los Navios en Monterey, 1825, MS.; also in Gac. Mex., Extra, June 15, 1825; signed by José Estrada (appointed by Argüello as comsionado), José Ramirez, José Cárdenas, and Antonio Ventura Roteta. Mention in Dept St. Pap., Ben. Mil., MS., lvi. 8. May 3d, Argüello approves the contract in a communication to Martinez, and reappoints the old officers temporarily. Martinez was commander of the two vessels; Cárdenas and Antonio Ferrer were next in rank on the Asia; while Antonio Roteta and Manuel Galindo were the officers of the Constante. Dept Rec., MS., i. 34.
46. Torre, Reminis., MS., 39-46, describes this church ceremony, and also that of swearing allegiance, at some length. Osio also gives some details. Vallejo, Hist. Cal., MS., ii. 3-18, who gives considerable space to this affair of the Asia, tells us that in a quarrel about a girl, the gachupin Arnoldo Pierola killed Juan B. Lopez, and took refuge on the ship, where Lieut. Valle and the writer were sent to arrest him, but the crew refused to give him up. By careful precautions, further disturbances were prevented. The ladies presented two Mexican flags to the vessels, though, as appears from another document, they had to use blue stuff instead of green. Vallejo speaks of a grand ball on the Asia. All the old residents agree that money and sugar had not been so plentiful at Monterey for a long time. Sra Ávila, Cosas de Cal., MS., 22-3, speaks of the ludicrous attempts of the sailors and marines to ride on horseback, 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, announcing arrival of the vessels. May 21st, Argüello to com. at Acapulco on the surrender and Malarin's mission. June 11th, Martinez to com. Acapulco, announcing arrival and enclosing his narrative of same date. May 1st, the treaty as already cited, certified copy of Monterey, May 221; 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, Argüello to commandante at Acapulco, explaining the whole affair, and sending copies of contract. Dept Rec., MS., i. 56. May 2d, Argüello to comandantes, giving an account of the surrender and plans. Id., i. 117. Mention of the affair in Niles' Reg., xxix. 74; Gaceta de Mex., i. 1-4. Contract religiously carried out. Mexico, Mem. Marina, 1826, p. 3. The $90,000 paid. Id., 1830, p. 1. Echeandía, on hearing of Argüello'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 Echeandía, 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 Argüello, killing him with disgustos in 5 years!
48. In July 1828, 4 of the number remained in the Monterey district. St. Pap., Ben., MS., i. 75-6. Manuel Fogó and Francisco Gutierrez named. Dept Rec., 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 Hartnell of May 2d, announcing the arrival with some details. Vallejo, Doc., MS., xxviii. 451. May 2, 1829, decree of president about the Asia's crew. Disposiciones Varias, ii. 60.
49. May 6th, Guerra to Argüello, in Dept St. Pap., MS., i. 113; Id., Ben. Mil., liv. 7; Dept Rec., MS., i. 227. June 25th, Esteva from Mexico to comandante 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 report quickly. Sup. Govt St. Pap., MS., iii. 8. Mrs Ord, Ocurrencies, MS., 18-19, says that when the commander of the vessel landed and called at Capt. Guerra's house, he found there a great crowd celebrating the wedding of her sister and Hartnell. With his companions he was invited to join in the festivities, 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. Cal., MS., 99-102, also speaks of the wedding, and tells us that Angulo, an ignorant Chileno, at first thought to hide his bad Spanish from so cultured a company by pretending to be a Frenchman; but Hartnell soon discovered he could not speak French. Learning that the Asia was at Monterey, Angulo hurried on board without waiting for anything, and sailed for Valparaiso, after sending a cannon ball into town.
50. 'Its form is nearly circular, and it is surrounded by a wall about 20 feet in height, which forms the back sides of the houses. There are about 250 houses erected in this manner, from one to two stories high, built of freestone and neatly finished. There is also a large church, one nunnery, and a very neat little court-house. This town contains about 1,500 inhabitants, principally 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 whale-boat was built during the stay.
51. Morrell, A Narrative of Four Voyages to the South Sea, etc., 1822–31. N. Y. 1832. 8vo. 492 p. The matter on California is on p. 197-213. This was the second of the four voyages. Notices of Morrell's visit in the archives. St. Pap. Sac., MS., x. 11, 14; xiv. 37; Dept St. Pap., MS., i. 64-5. Blundering notice of the voyage in Taylor's L. Cal., 43.
52. The amount is given as $8,014 and elsewhere as $11,036, in Dept St. Pap. Ben. Cust. H., MS., i. 101-2, 212. Duties at Sta Bárbara, $1,220. Prov. St. Pap. Ben. Mil., MS., lvi. 1. Amount at S. Francisco, $1,061; at S. Diego, $471. Probably $11,000 was the total, and $8,000 the amount at Monterey.
53. Dept Rec., MS., i. 115.
54. E.'s decree of Dec. 15th, in S. Antonio, Doc. Sueltos, MS., 101-3; S. José, Arch., MS., vi. 23; Vallejo, Doc., MS., xxviii. 82; Dept St. Pap., MS., i. 94. Dec. 20th, S. Pedro excepted. Vallejo, Doc., MS., xxviii. 83. Complaint that S. Diego did not get its share of the revenue. Guerra, Doc., MS, v. 201-2.
55. See Pioneer Register at the end of these volumes, ii.-v., for the names of all, including visitors. The pioneers proper of 1825, besides Burton, Livermore, and Thompson, are Fisher the negro, William Gralbatch, and James Grant. Of old residents, W. E. P. Hartnell and Wm. A. Richardson were married; Daniel Hill was baptized; and Capt. Henry Gyzelaar is said by Phelps — Fore and Aft, 242-3 — to have been drowned in Russian River, though it may have been a year or two later.
56. General mention not likely to occur in local anuals. Leg. Rec., MS., i. 42; Dept Rec., MS., i. 300-1. A newspaper item, accredited to Salvio Pacheco and widely copied, states that from 1824 to 1826 hardly any rain fell. Mention of the floods in Alta Cal., Dec. 30, 1852; Yuba Co. Hist., 67.