History of California (Bancroft)/Volume 3/Chapter 2

CHAPTER II.

ECHEANDÍA'S RULE—POLITICAL AFFAIRS.

1826-1830.

National Measures, 1826—Junta de Fomento—Echeandía at San Diego—Guerra for Congress, 1827–8—Colonization Regulations of 1828—Territorial Diputacion, 1827—Proposed Change of Name—Echeandía in the North—Disputacion, 1828–30—Election—Maitorena Sent to Congress, 1829–30—Acts of the Supreme Government—Padrés as Audante 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—Echeandía's Appeals for Aid—His Resignation—Appointment of Antonio García—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 startling events, but rather of gradual progress toward the Mexican ideal of republicanism and the secularization of the missions. There was chronic and ever-increasing 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 matters more or less closely connected with territorial and national government.

Politically, then, 1826 was wellnigh a blank. The national authorities attached some importance to California 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 reënforcement, 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 California 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 Ulúa 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 territory, by the governor's order, in April and May.^[2]

Echeandía, sent to establish the republican régime, remained at San Diego engaged in studying the country's needs. He was not in robust health, was naturally inclined to be easy-going and dilatory, and was certainly in no haste to adopt any radical policy. Some items of business connected with the arrival of vessels claimed his attention; he slightly agitated the matter of secularization, trying one or two experiments with a view to test the feelings of the friars and the capabilities of the Indians; and he was engaged together with José María Herrera in laying the foundations 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 suspension by Argüello; but at the end of 1826 Echeandía 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 territorial 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 José de la Guerra y Noriega was unanimously elected, with Gervasio Argüello as substitute. The term of office was for 1827-8. Guerra did not start for Mexico until January 1828. His friends urged him not to go, fearing that as a Spaniard he would not be well received. Their fears were well founded, since he was not admitted to congress, and even had to hurry back to California to avoid serious troubles, although he had left Spain at a very tender age.^[4] Gervasio Argüello, the suplente, took the seat, but failed to distinguish 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 regulations for the colonization of Mexican territory, deserves prominent notice. This was a supplementary decree, designed to give effect to the law of August 18, 1824,^[6] by establishing rules for the guidance of the territorial authorities in making grants of land, as also of petitioners who might desire to take advantage of the law s provisions. With some slight modifications, 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]

On May 12, 1827, the junta de fomento 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 indeed, 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]

The junta of electors at San Diego, on February 19, 1827, also chose seven vocales, or members, and three suplentes, or substitutes, for the territorial diputacion, which was ordered by Echeandía to convene at Monterey a little later. It does not appear that he made any effort to have the sessions held in the south. The body assembled at the capital on June 14th, but several changes were necessary in its personnel to keep a quorum in attendance.^[9] The governor 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 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 commerce and finance, and especially with Herrera's administration of the revenues. Reserving those topics for other chapters, I append in a note an abstract of the legislative proceedings.^[10] 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 proposition made by his excellency the president at the session of the 7th — this being July 13th — namely, that there be proposed to the supreme government a change in the name of the territory, and also in that of the Pueblo de Los Angeles, in order to distinguish the latter 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 suggestions that the territory be named Moctezuma, and that to the pueblo be given the name of Villa Victoria de la Reina de Los Angeles; also that there should be proposed to the supreme government as a coat of arms for the territory 'an Indian with plume, bow, and quiver, in the act of crossing a strait, all within an oval having on the outside an olive and an oak,' in memory of the first peopling of these Americas, 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]

Echeandía 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 condition of the country which he probably made as a result of his inspection.^[12] For reasons with which the reader is familiar, Echeandía had a somewhat cool reception at Monterey; but by his policy at the capital 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 Echeandía a better standing at Monterey was his method of dealing 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 disgust 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 inclined to look down, each upon the other, from a height of superiority; but the revolution gave commissions to many ruffians, and there is no special reason to doubt that Gonzalez was one of them. In February 1827 he wrote long and somewhat incoherent complaints to Echeandía, asking to be relieved of his command, but refusing to be subordinate in any way to Estrada or Argüello. Usurping Estrada's authority over the presidial district outside of Monterey, he put that officer under arrest; but Echeandía 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 reprimands, and finally in November ordered him to prepare for a march to Santa Bárbara, in order that peace might be restored by his absence. How far Echeandía 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 Gonzalez did not accompany Echeandía 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 María Ester, in accordance with instructions of May 31st from Mexico; but he was at San Diego as late as April 1830.^[16]

Back at San Diego in April 1828,^[17] Echeandía summoned his diputados to assemble, presumably at San Diego;^[18] but there is no record of any action of the body this year, and little or no evidence that it met at all, except perhaps, as Alvarado says, to protest against the holding of meetings out of the capital, to listen to Echeandía'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 reorganized by the choice of four new members.^[20] All

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 político. Immediately after the suspension 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, Echeandía 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 Echeandía started northward again, and on the way summoned the diputacion to meet, this time at Santa Bárbara by reason of the troubles at Monterey. Possibly the body did assemble there, but only to adjourn;^[22] for the troubles, to 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 chose the diputacion whose acts I have just recorded assembled in obedience to a proclamation issued by Echeandía 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 member of congress to take the place of Gervasio Argüello for the term of 1829-30; and on Sunday, October 5th, Lieutenant José Joaquin Maitorena of Santa Bárbara was chosen for the place, with Santiago Argüello as substitute. This was a most extraordinary choice; for Maitorena, though honest enough and good-natured, was unreservedly given up to drunkenness, and had retained his place in the Santa Bárbara company only because he had when sober some skill as an accountant. There were times, generally following illness and confinement in the calabozo, when, like Rip van Winkle, he 'swore off'; perhaps it was in one of these sober intervals that he was elected to congress. But the honor was too much for the poor fellow. 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 expired.^[26]

Thus California was not represented in the congress of 1829-30, for there is no evidence that Santiago Argüello 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 Echeandía, in the person of Lieutenant-colonel José María Padrés, who came up from Loreto in the summer of 1830.^[28] To supply another urgent need of the territory, where there were as yet no lawyers, the licenciado Rafael Gomez was sent to California as asesor, or legal adviser. He arrived about the same time as Padrés, and took the oath of office at San Diego on August 18, 1830.^[29] The political struggles,

revolutions, and counter-revolutions for the presidency, between Gomez Pedraza, Guerrero, and Bustamante, in the years 1828–30, made no impression, in fact were hardly known, in California.^[30] Other national measures, with a single exception, require no special attention.^[31]

The exception was in the matter of utilizing California 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 sentenced to presidio work in this northern Botany Bay.^[33] Echeandía protested rather feebly, as soon as the news 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 María Ester brought up about eighty of the unwelcome colonists from Acapulco to San Diego. Captain Holmes was not allowed to land them in the governor's absence, and went on to Santa Bárbara 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 Bárbara and Los Angeles.^[36] Protests were received 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 político, 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.^[38] With few exceptions, no attempt was made to confine 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 permanently in California, where some were the founders of respectable families.^[39]

The sending of the convicts and the resulting discussions doubtless had an effect to embitter the feeling that was beginning to exist between Californians and Mexicans, particularly at Monterey, where the quarrel between Gonzalez and Estrada had originated a sentiment of hostility which outlasted the Mexican power in California. At the celebration of the independence on September 16, 1830, a free fight is said to 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 playing the leading roles, and the occasion being an insulting toast by Pliego. Later in the year, as the records show, José Castro was arrested on a charge of posting pasquinades and of publicly expressing his patriotic contempt for the Mexicans.^[40]

On October 3, 1830, five partido electors, chosen by the process already described, met at Monterey in accordance with Echeandía's proclamation of August 1st, and elected Cárlos A. Carrillo as diputado to congress for 1831-2, with Juan Bandini as substitute, José Antonio Carrillo and Agustin Zamorano being the defeated candidates. Next day, the 4th, they chose three new members, as required by law, to complete the territorial diputacion, with the same number of suplentes. The services of the officers thus chosen belong to the annals of another decade.^[41]

From 1827 to 1829 the national government issued a long and somewhat complicated series of laws and regulations on the expulsion of all Spaniards from Mexican territory, the principal laws being those of December 20, 1827, and March 20, 1829.^[42] By the terms of the former, the classes exempt from expulsion were quite numerous, including those Spaniards physically disabled, those over sixty years old, such as were married to Mexican wives or had children not Spaniards, professors of useful arts and sciences, and all who had rendered special services to the cause of independence, or who had manifested great affection 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. Echeandía 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]

The law of 1829 was more stringent than that of 1827, which it annulled, ordering the immediate expulsion of all Spaniards except those physically incapable of departure and those who were sons of American-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 addiction to the republican cause, were deemed exempt.^[44] 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, Estudillo, 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 the coast. "The time has come to show once more to the universe that before submitting to Spanish rule we will repose in the sepulchre," was the way the governor put it.^[46]

Returning finally to Echeandía, 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 assistance to himself and the territory. He demanded a subordinate gefe político 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 management. And if such aid could not be afforded, he repeatedly asked to be relieved from his command.^[47] Some of his requests were granted. José María Padrés 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 García was appointed to succeed Echeandía in the governorship.^[50] For reasons that I suppose to have been connected with Bustamante's accession to the presidency in January 1830, García did not come to take possession of his office; and on March 8th Lieut.-colonel Manuel Victoria was made gefe político of Alta California, the gefatura política 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 possession of his office until the next year. Meanwhile in these last years Echeandía was busied chiefly with mission affairs and commercial matters. He had been more cordially received in the north in 1830 than at the time of his former visit; and except among the padres and their adherents, he had gained considerably in popularity.^[52]

Notes

1. Mexico, Mem. Relaciones, 1827, p. 36-7. The minister says that in California 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 Bárbara, Monterey, S. Buenaventura, and S. Fernando. Echeandía's order was dated April 15, 1826. Dept Rec., MS., iii. 16; iv. 31; Dept St. Pap., Ben. Mil., MS., lxxxvii.; Id., Ben. Com. and Treas., MS., i. 11; St. Pap., Ben., MS., i. 69-70; Sup. Govt St. Pap., MS., xix. 26. Double pay for three days was ordered for soldiers; and some silver coins seem to have been distributed. At S. Fernando the padre refused to officiate, and the neophytes said some pater-nosters and ave marias on their own account.
3. Dec. 5, 1826, Gov. orders that electors are not to start until further notice. Dec. 31st, he orders them to start. Dept Rec., MS., iv. 19-26. The order for an election is not extant, but it appears from another document to have been dated Nov. 14th. The five electores de partido, one for each presidio and one for Los Angeles, were Francisco de Haro, S. F.; Estévan Munras, Monterey; Cárlos A. Carrillo, Sta B.; Vicente Sanchez, Los Angeles; and Agustin Zamorano, S. Diego. Actas de Elecciones, MS., 1-4; Dept. St. Pap., Angeles, MS., x. 1; Guerra, Doc., MS., vii. 155-8, in which documents is found the record of the action of the meeting. The only partido election of which we have a record was that at S. F. on Jan. 1, 4, 7, 8, 1827, where Haro was chosen over Joaquin Estudillo. Details given. Vallejo, Doc., MS. , i. 99-102; and the only primary elections recorded were that at S. F., Id., and that at San Antonio on Nov. 26th, where Eugenio Nactre was chosen to go to Monterey and vote for the elector de partido. Dept St. Pap., Ben. Mil., MS., lix. 17-19.
4. Guerra, Doc., MS., vi. 99-100, 123, and passim. He sailed on the María Ester, carrying high recommendations from Echeandía. That he had not been admitted was known at home on Dec. 6th, Dept Rec., MS., vi. 46-7; and his passport to return was signed by President Victoria on Dec. 16th, and viséd at S. Blas on May 16, 1829. Oct. 20, 1829, he speaks of his late penoso viaje in dunning Bandini for a debt. Hayes' Mission Book, i. 216. $1,000 of $5,000 due Guerra for mileage and salary was later collected in 1831. Guerra, Doc., MS., iv. 209-10. June 18th, Argüello from Guadalajara thanks the junta electoral. Dept St. Pap., MS., ii. 23. Vallejo, Hist. Cal., MS., iii. 98, accuses Argüello of having intrigued, or at least used his influence, to keep Guerra from his seat. A pamphlet of 1828, giving sketches of the congressmen of 1827-8, speaks of him of California as nada, or 'nothing.' Semblanzas de los Miembros.
5. The secretary of the interior mentions the completion of the junta's work in his report of Jan. 30, 1828, stating that a copy in print was distributed to members. Mexico, Mem. Relaciones, 1828, p. 22. Bustamante, Cuadro Hist., v. 64, speaks of the junta. The Águila newspaper mentioned a set of the records of the junta for sale. Guerra, Doc., MS., iv. 175. It is remarkable that I have found none of these records in the archives.
6. See chap. xxiii., vol. ii. this work. In forming these regulations of 1828, the plans proposed by the junta de fomento in 1825 were doubtless taken into consideration and adopted to a certain extent. See chap. i. of this volume.
7. Mexico, Reglamento para la colonizacion de los territorios de la república. 21 de Noviembre de 1825, MS. Translation in Halleck's Report, App. No. 5; Dwinelle's Colon. Hist. S. Francisco, Add. 25-6; Wheeler's Land Titles, 8-9; i. Rockwell, 453.

   1. Governors of territories may grant vacant lands to such persons, Mexican or foreign, as will inhabit and cultivate them. 2. A person desiring lands shall, in a petition to the governor, express his name, country, etc., and shall describe the land by means of a map. 3. The governor shall at once ascertain if the conditions, as regards land and claimant, are those required by the law of 1824, and may consult the respective municipal authority. 4. This done, the governor may accede or not to the petition, according to the laws. 5. Grants to families or private persons shall not be valid without the previous consent of the diputacion, to which body the expediente shall be forwarded. 6. Not obtaining the approval of the diputacion, the governor shall report to the supreme government, with the necessary documents for its decision. 7. Grants to contractors for many families will not be valid until approved by the supreme government, to which must be sent the necessary documents, including the approval of the diputacion. 8. The governor shall sign a document to serve as a title to the party interested. 9. A record shall be made, in a book kept for the purpose, of all petitions and grants, including maps; and a quarterly report must be made to the supreme government. 10. No contract for a new settlement will be admitted, unless the contractor binds himself to introduce as settlers at least twelve families. 11. Non-compliance with the terms within a proper designated period shall invalidate the grant; but the governor may invalidate it in proportion to the part fulfilled. 12. The colonist will prove compliance with his contract before the municipal authority, in order, on the necessary record being made, to secure his right of ownership, with power to dispose of it. 13. New settlements shall be built with all possible regularity, and shall follow the rules of existing laws for other settlements. 14. The minimum of irrigable land to one person shall be 200 varas square; of agricultural lands, 800 varas square; and of grazing lands, 1,200 varas square. 15. Land for a house-lot shall be 100 varas. 10. Spaces between colonized lands may be given to adjoining proprietors who have cultivated their lands with most application, and have not received the full amount allowed by the law; or to their children, who may desire to combine the possessions of their families. 17. In those territories where there are missions, the lands occupied by them cannot be colonized at present.

   In Halleck's Report, 121-2, a law of April 6, 1830, is cited, which authorized 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 foreigners. At least twice in these years, Oct. 7, 1827, and July 15, 1830, general orders were issued in California for owners of lands to appear and give information about them and the titles. Olvera, Doc., MS., 1; Dept St. Pap., Ben. Mil., MS., lxxi. 3.

8. For an account of the acts of the junta de fomento, see chap. i., this volume. Of this iniciativa de ley, I shall not attempt to present more than a brief résumé or framework, as follows: 1. Attributes of the president as governor 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 government, 4 persons for Alta California, elected by the people for 4 years. 10 articles. 5. Ayuntamientos of alcalde, 3 regidores, and síndico for a population of 500 in Alta California. Elected, alcaldes yearly. 26 articles. 6. Administration of justice. Civil, 8 articles; criminal, 22 articles. 7. Judges learned in law; 5 in Alta California. 8 articles. 8. Superior tribunal of justice, consisting of a president and 2 ministers; no salary; 15 articles. 9. Ecclesiastical government under bishop of Sonora; 9 articles. 10. Military government under governor as comandante militar; 15 articles; with recommendations 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. Blas to Monterey. 7 articles and 3 notes. 12. Treasury and revenue, 4, 9 articles. 13. Commerce, 8 articles. 14. Subdivision of Alta California into 4 districts (practically agreeing with that which I have always followed); adopted by the junta on June 26, 1826. There is attached to the iniciativa also the voto final of the junta, dated May 13, 1827, and containing general conclusions on the prospects 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 Mᵃ Ortega, 5th, Juan Bandini, 6th, Anastasio Carrillo, 7th, Antonio Buelna, 1st, Supl., Nicolás Alviso, 2d, Joaquin Estudillo, 3d, Romualdo Pacheco. Actas de Elecciones, MS., 4-5; Dept St. Pap., Ang., MS., x. 1. All seem to have been present at the first session or within a few days, but they were called away by private or military business until, on Sept. 1st, the two remaining vocales, apparently Estrada and Buelna, had to call in the ayuntamiento of Monterey, and with the aid of that body elect 5 provisional members, who lived in or near the capital and could be depended on. They were Francisco Pacheco, Estévan Munras, Juan José Rocha, Mariano G. Vallejo, José Castro. Sworn in on Sept. 19th. How the whole body now stood as respects seniority does not appear. Lieut. Martinez at first served as secretary, but on June 26th, Juan B. Alvarado was duly chosen, and awarded a salary of $25 per month. Leg. Rec., MS., i. 47-80; Dept Rec., MS., v. 67, 73, 75, 82, 87; Vallejo, Doc., MS., ii. 170; Dept St. Pap. S. José, MS., iv. 47; Id. Monterey, vi. 3-4. Alvarado's salary was to be paid from the municipal funds of Monterey.
10. June 14th, oath of office taken by diputados before Echeandía, and Martinez chosen temporarily as secretary. June 16th, Comisario Herrera took the oath. A reglamento for the dip. was begun and completed at the next session 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 regulations, 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 26th, 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 regulations of the liquor traffic. June 30th, July 2d, liquor traffic continued. Martinez allowed to join his company in S. Francisco. July 7th, liquor regulations concluded. Bandini's proposition to make Los Angeles the capital taken up, but no action. Gov. proposed a change in the name of the territory. See text. July 13th, Echeandía's proposition discussed and approved, subject to decision of supreme government. Ortega not allowed to retire until Bandini should come. Contador appointed. July 16th, petition from padres that vessels be allowed to touch at the landings of Sta Inéz and Purísima. No power to act. July 17th, 18th, 20th, Sept. 19th-20th, action on revenue matters, involving the investiation of charges against Herrera, and resulting measures directed against him. See chap. iii. Pacheco as vocal suplente sworn in on July 20th. July 24th, long discussion on Bandini's commercial propositions, in which Comisario Herrera took part. See chap. iii. Contador Gonzalez takes oath of office. Bandini and Tapia granted leave of absence; Suplentes Estudillo and Alviso summoned. July st, Aug. 4th, 9th, 11th, 17th, Sept. 12th, regulations respecting live-stock and branches of commerce and police therewith connected. Alviso sworn in Aug. 4th. Aug. 17th, Echcandía reports having ordered the prefect to establish a school in each mission. Sept. 1st, ayuntamiento called in and 5 new members elected provisionally. See note 9. Sept. 11th, report received of removal of a local officer at Los Angeles. The next session regularly recorded, after Sept. 20th, was on July 10, 1830. Leg. Rec., MS., i. 47-104. Incidental mention, Arch. Arzob., MS., v. pt. i. 34; St. Pap., Sac., MS., xix. 39; Dept Rec., MS., v. 50, 126. June 220, Echeandía to minister of relations asks if the sub-comisario should attend as intendente, and if he and the writer should have a vote. Alvarado, Hist. Cal., MS., ii. 118-21, represents Echeandía as having opened the sessions with a long discourse, in which he explained the situation of the territory, the policy of Mexico, and all that he had done since his arrival, This writer states that all the acts of the diputacion in 1827-9 were really the work of Echeandía. Duhaut-Cilly, Viaggio, i. 282, who attended some of the meetings, tells us the diputados were mere puppets in the governor's hands. Echeandía would make a proposition 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 interrupted with a reprimand; did any one wince at the last moment, a look controlled his vote. This, of course, though amusing, is grossly exaggerated.
11. Leg. Rec., MS., i. 62-3. On Nov. 31, Echeandía 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.
12. Alvarado, Hist. Cal., MS., ii. 127-35, says he was received enthusiastically at Sta Bárbara, contrary to his expectations, founded on the influence of the friars there; yet it was at this very time that two padres at Sta B. fled from Cal., as we shall see elsewhere. Vallejo, Hist. Cal., MS., ii. 266-71, notes a grand reception at San José, and a rather cool one at Sta Clara.
13. Feb. 22, 24, 1827, Gonzalez to gov. Dept St. Pap., MS., ii. 2-7, 10-11. March 6th, Apr. 10th, gov. to Gonzalez. Dept Rec., MS., v. 32, 36-7.
14. Of Doña Alfonsa, the beautiful wife of J. M. Herrera and daughter of Capt. Gonzalez, we shall hear more in later years.
15. June 13th, Gonzalez to gov., protesting against firing a salute on corpus cristi day: Dept St. Pap., MS., ii. 25. July 14th, 27th, Sept. 27th, Nov. 16th, 19th, 20th, 21st, gov. to Gonzalez, with repremands for misconduct and disrespect — including the shooting at an alcalde, and allowing his wife to meddle in official business. The order to prepare to march for Sta Bárbara was on Nov. 16th. Nov. 21st, gov. to alcaldes, stating his orders for Gonzalez' departure and forbidding any insulting or sarcastic remarks about that officer or his men or his family. Dept Rec., MS., v. 64, 69-70, 92-3, 108-11.
16. Dec. 15, 1927, Pacheco ordered to continue investigations. Dept Rec., MS., v. 117. Feb. 14, 1828, Echeandía to Gonzalez, ordering his suspension and arrest for intrigue among the troops to keep himself in power; for disturbances at various places; for ignorance, disobedience, and inciting of insubordination. Id., vi. 183-4. Feb. 22d, Estrada has arrested Gonzalez. St. Pap., MS., xii. 13. Feb. 29th (?), Echeandía's order to Estrada. Dept St. Pap., ii. 73. Nov. 9th, gov. orders Gonzalez to leave on the María Ester. Dept Rec., MS., vi. 131. Dec. 22d, to same effect. Id., vi. 161. Dec. 9th, however, he was ordered across the frontier by land en route to Loreto. Id., vii. 260. Apr. 23, 1829, testimony of Gonzalez at S. Diego about a statement in a Mexican newspaper that he had destroyed a Spanish flag. Dept St. Pap., Ben, Mil., MS., lxxx.-vii. 72. Feb. 5, 1830, order from secretary of war for Gonzalez to proceed to Mexico. Sup. Govt St. Pap., MS., vi. 1. Inocente García, Hechos, MS., 40, 44, says that one of the offences for which Gonzalez was sent away was the arbitrary infliction on him, García, of 100 palos without trial, and he not being a soldier. Beechey, Voyage, ii. 57, 85, speaks of Gonzalez as having risen from the ranks by his own merit.
17. En résumé, E., as shown by his corresp., had left S. Diego late in March 1827; was at Sta Bárbara during a large part of April; arrived at Monterey about the middle of May, and left there late in Nov.; was at Sta B. from Dec. until March; and returned to S. Diego early in April.
18. April 10, 1829, Echcandía'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 Rec., MS., vi. 198. Buelna and Anastasio Carrillo mentioned as members in Sept. Id., vi. 92. Aug. 9th, E. orders Habilitado Domingo Carrillo (of S. Diego) to pay out of the municipal funds Alvarado's salary of $25 per month as secretary. Id., vi. 81. Other indications of Alvarado's presence as secretary at S. Diego as late as Dec. Dept St. Pap., Ben. Mil., MS., lxvi. 90-1. Alvarado's own version is confused in respect to dates, representing a first visit to S. Diego as having been in 1826, before E.'s visit to the north.
19. Alvarado, Hist. Cal., MS., ii. 139-40; iii. 14-22, tells us that when the diputados arrived at S. Diego they sent him as secretary to inform the governor of their presence and that they awaited his message. The first act on assembling in the large hall of the comandancia was to protest on motion of Buelna against meeting away from the capital. Echcandía received the protest courteously, and a few days later explained his theory that as comandante general he had the right to live where he could do most for the interests of the country, that is in his opinion at S. Diego. The diputacion replied that if he had that right, it as a body had it not, but was required by law to meet at the capital under the presidency of the senior vocal in the absence of the gefe político. Echcandía replied: 'I do not object. Let the diputados return to Monterey if they like.' The governor, however, had some resentment against Alvarado, in whose handwriting was the protest. Soon, on account of a quarrel with P. Menendez, chaplain of the troops — a Dominican whose wine he had been drinking and whose sermons he had been writing — Alvarado was summoned before the gefe político, and reprimanded for disrespect to a friar. A stormy scene followed, in which the young secretary — so he says — crowded Eehcandía into a corner, pretended to have a dagger, and finally induced him to become calm, talk the matter over, and listen to reason. They parted friends, and E. went so far as to explain his real reason for choosing to live at S. Diego, viz., his fear of Herrera and his confederates, who had plotted to seize him and send him to Mexico!
20. These were Cárlos A. Carrillo, Pio Pico, Vicente Sanchez, and José Tiburcio Castro, as 4th, 5th, 6th, and 7th respectively. Actas de Elecciones, MS., 8; Leg. Rec., MS., i. 127; Dept St. Pap., S. José, MS., ii. 12; Dept Rec., MS., vi. 108. At the same time Manuel Dominguez, Salvio Pacheco, and Cárlos Castro were chosen as 1st, 2d, and 3d suplentes. The first three places were held respectively by Bandini, Anastasio Carrillo, and Buelna, who held over from the old board. St. Pap., Sac., MS., xix. 42-3.
21. Dec. 1828, summons to Pico, Sanchez, and Dominguez to meet at S. Diego on Jan. 1st. Dept Rec., MS., vi. 159. Feb. 19, 1829, gov. permits Dominguez 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 summoned to S. Diego had not wished to come on account of the illegality of meeting except at the capital; therefore he asks them to go on at Monterey without his presence. Id., vii. 164. April 10th, gov. tells the minister of relations that he suspended the junta on account of its 'desorganization,' attributable 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 its being held at Angeles, and withdrawing when his wish was not followed. He also went to Monterey, and met José T. Castro, the only other proprietary member present. April 9th, summons to convene at Monterey June 1st. Dept Rec., MS., vii. 128. May 10th, Wm. A. Gale, in a letter to Cooper from S. Pedro, mentions the meeting ordered for June 1st. Vallejo. Doc., MS., xxix. 354. It seems that Sanchez was suspended from his position as diputado in the course of this affair. Dept Rec., MS., vii. 260.
22. Dec. 8, 1829, E. from S. Gabriel to Sanchez, Pico, and Bandini, revoking the suspension of the first, and urging all to hasten as patriots to Sta Bárbara, in view of the critical condition. Dept Rec., MS., vii. 260. Jan. 18, 1830, similar summons to the Carrillos. Id., viii. 10. Feb. 5th, E. to comandante at Monterey, states that the diputacion did meet to devise means for the restoration of tranquillity. Dept St. Pap., MS., ii. 128.
23. Dept Rec., MS., viii. 25, 53, 61; Dept St. Pap., Ben. Mil., MS., ii. 4; Leg. Rec., MS., i. 130. The four were Buelna and José T. Castro, with Salvio Pacheco and Cárlos Castro as suplentes. 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 Cárlos Castro for the 3d. July 14th, a proposition was presented by the committee on education, that schools be established at such missions as had none. July 16th, Juan B. Alvarado was appointed contador de propios y arbitrios (municipal treasurer), in accordance with a decree of the cortes in 1813. Salary, $15 per month. July 16th, secret session. Regulations on the proposed mission schools. July 20th, the matter of instructions to the newly appointed contador was referred to a com. The reglamento adopted in 1837 was modified in some respects, the changes including provision for 3 sessions a week, on Tuesday, Thursday, and Saturday. The president then submitted to the diputacion his plan for changing all the missions into pueblos. See chap. iv. July 23d, voted $30 dollars a month to P. Menendez as chaplain. The president made a speech on the necessity of making a beginning of establishing an ayuntamiento at Monterey and Sta Bárbara, according to the bando of Dec. 15, 1820, and decree of June 23, 1813, and consequently of assigning bounds to pueblo lands. A salary of $20 per month was voted for the teacher of S. Diego. July 21th, boundaries of the egidos of Monterey were fixed. See local annals. July 28th, boundaries of the jurisdiction of Monterey, continued. July 29th, same subject, continued. Also the secularization project taken up, and the first articles approved. See chap. iv. July 31st, Aug. 3d, approval of Echeandía's secularization plan concluded. Aug. 6th, the subject of convict settlers discussed, the dip. strongly disapproving the sending of any more of them to Cal., expressing a desire to get rid of those now here as soon as possible, but approving Echeandía's plan of a public workshop for such as had trades. It was voted to ask the sup. govt that only good and useful families be sent in the future. Aug. 10th, a reglamento in 6 articles for the contador de propios y arbitrios discussed and approved. Details of keeping the books of the office, etc. Aug. 13th, establishment of two convents approved as a supplement to the secularization project. Aug. 17th, a tariff of duties on timber established. See chap. v. Aug 21st, 24th, certain members ask and receive leave of absence for 15 days. Others were to be summoned, but it seems this was not a success, since there were no more meetings for more than a month. Sept. 29th, at Bandini's request the difficulties of getting a quorum in attendance were put on record. Sept. 30th, approval of land grants to Ignacio Vallejo and Dolores Pico, in accordance with the colonization law of Nov. 24, 1828. Oct. 7th, sessions closed because several members wished to go home to attend to private business. Leg. Rec., MS., i. 130-72.
25. Echeandía, Bando sobre Elecciones, 1828, 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 public prayers. 3-6. Primary juntas shall include all citizens over 18 years of age resident in the partidos. Sentenced criminals, men morally or physically incapable, vagabonds, and domestic servants were not voters. 7-9. Primary elections to be held on 3d Sunday in Aug. in plaza of the 4 presidios and 2 pueblos, presided by comandantes and alcaldes, in the morning after mass, a secretary and 2 inspectors being chosen. 10-12. Challenging voters, etc. 13. Municipal electors to be chosen as follows: 8 for S. Francisco; 5 for S. José; 9 for Monterey; 7 for Sta Bárbara; 7 for Los Angeles; and 13 (?) for S. Diego. 14-15. Method of voting. The voter to repeat the names of his candidates, to be written down by the sec. He may have the names on a list, which the secretary must read aloud. 16-17. The president to announce the result. A tie to be decided by lot. Each elector chosen to receive a copy of the 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 ecclesiastical. Cannot excuse himself. No weapons at the election. No other business to be done by the junta. 23-5. Secondary juntas, or partido elections, to be held on 1st Sunday in Sept., at same places as the primary; under same presiding officer; composed of the municipal electors before chosen. 26-8. Three days before the election the electors meet and choose a secretary and 2 inspectors. Next day, credentials presented. Next day, report on credentials. 29-32. Election by secret ballot. If no one has a majority, there must be a 2d ballot from the 2 highest candidates, a tie being decided by lot. Three votes at least required for election. 33-5. An elector de partido must have 5 years' residence in the partido in addition to the other qualifications. (See 18-22.) Credentials, a certified copy of the acta, given to the successful candidate, and also sent to the president of the territorial junta. 36-8. Tertiary or territorial junta to consist of the 6 electores de partido, and to meet at S. Diego on 1st Sunday in Oct. being presided by the highest political authority present. 39-41. Preliminary meetings for 3 days, as in secondary elections. 42-6. Election first of a diputado, and then of a suplente. Method as before, except that the meeting must be with open doors, the voting viva voce, and 5 electors at least must take part. 47-52. Qualifications for a diputado to congress: 25 years of age, and two years of citizenship in the state if not born in it; 8 years of citizenship, and an estate of $8,000 or income of $1,000, if not born in Mexican territory. Property qualification not required of those born in Spanish America who have not joined another nation. Certain high officials debarred. 53-6. Method and form of credentials. 57. The day after this election of a congressman, the junta is to renew the territorial dip. by electing the new members required, in the same manner as before. 58. After the election, all officers, electors, and elect shall pass to the church, where shall be sung a solemn te deum of thanksgiving.

    On pr. 125-30, in continuation of the preceding bando, there are partial records of the primary and secondary elections at the different places except S. Francisco. The electors who met at S. Diego were Miguel Gonzalez de Álava, for S. José; José Tiburcio Castro, for Monterey; Francisco Atanasio Cota, for Sta Bárbara; Manuel Dominguez, for Los Angeles; and Agustin V. Zamorano, for S. Diego. Leg. Rec., MS., i. 126; Dept Rec., MS., vi. 107; Actas de Elecciones, MS., 6-7. In the last-named authority, the election of Maitorena by 3 votes and Argüello by 4 is recorded, as also in St. Pap., Sac., MS., xix. 48; Dept. St. Pap., S. José, MS., iv. 74; and Leg. Rec., MS., i. 130 Echeandía's bando is also found in Dept. St. Pap., S. José, MS., iv. 55-71. Aug. 1st, E. orders comandantes and alcaldes to publish the bando. Dept. Rec., MS., vi. 74. Nov. 1828, Jan. 1829. E. orders Maitorena to start for Mexico. Id., vii. 70; vi. 128. June 25, 1829, Echeandía explains to minister of justice the arrangement of election districts, S. Gabriel and S. Fernando being joined to Los Angeles, and Sta Clara and Sta Cruz to S. José. Id., vii. 23.

26. José Joaquin Maitorena entered the military service as a soldado distinguido, his father having been an officer in 1800; came to Cal. in 1801 as cadet in the Sta Bárbara company; was made alférez in 1806; and after several recommendations from governor and comandante he was finally promoted to be lieutenant of the company in 1827. Prov. St. Pap., MS., xxi. 58; Dept. Rec., MS., v. 39, 121-2; Doc. Hist. Cal., MS., iv. 655-6. 1816-21, corresp. of Sola and Guerra, with frequent mention of Maitorena's drunkenness, and the resulting troubles to his family as well as to the public service. Guerra, Doc., MS., iii. 95-6, 101, 113; iv. 4, 16-19, and passim; Prov. St. Pap.. MS., xx. 110. From 1822 to 1827 little is said on the subject, and it is probable that Don Joaquin behaved himself better than before. His actions at Tepic, where he stayed two months on his way to Mexico, are described in a letter of Manuel Varela, dated Tepic, Aug. 1, 1829. Guerra, Doc., MS., vi. 135-7. He was constantly intoxicated; attracted the attention of everybody by his foolish actions and remarks; was initiated into a mock lodge of masons; and had a ludicrous quarrel with the treasurer to whom he applied for money on account of his viáticos. Cárlos Carrillo, in a letter from Tepic of April 2, 1831, gives the remaining details of Maitorena’s life as learned from Navarro, the member from Lower Cal. In Mexico he was rarely in his right mind, and was not deemed in a fit condition to take his seat, though his credentials were admitted, and part of his salary was paid. He died probably late in 1830 of apoplexy caused by his dissipation. Guerra, Doc., MS., iv. 199-200. The vagaries of this congressman are also noticed in Alvarado, Hist. Cal., MS., ii. 122-6; Fernandez, Cosas de Cal., MS., 35-7; Vallejo, Hist. Cal., MS., ii. 18-24. Alvarado attributes to him many good qualities, although admitting his faults. Maitorena left some kind of a quarrel with Capt. Miguel Gonzalez, which both Gov. Victoria and Gov. Figueroa were ordered to investigate; but finally in 1834 Capt. Zamorano suggested that, Maitorena being dead, the matter might as well be dropped. Dept. St. Pap., Ben. Mil., MS., lxxiv.
27. Mexico, Mem. Hacienda, 1830, annexes 24, 33, 37, 41, 43, 44, 52, 56, 57, 64. Aug. 17, 1829, law imposing a forced loan on California with other territories, and discounting salaries. Sept. 15th, decrees creating a fund for the war against Spain; but exempting the troops of California from the discount on pay, on account of their position on an Indian frontier. Arrillaga, Recopilacion de Leyes, 1829, p. 214-23; 1831, 24-36, 48.
28. In Mexico, Mem. Guerra, 1830, annex. 1-3, the force in the Californias is given as 422 cavalry, supported at a cost of $131,440. Feb. 11, 1830, order to merge the S. Blas company into the regular presidal companies. Sup. Govt St. Pap., MS., vi. 2. Arrival of Padrés at S. Diego on the Leonor on July 1, 1830. Sup. Govt St. Pap., MS., vi. 9; Carrillo (J.), Doc., MS., 27-8; Dept. St. Pap., Ben. Mil., MS., lxxii. 21.
29. Gomez's taking posession of the office. Dept. St. Pap., S. José, MS., iv. 91; Id., Mont., vi. 6; Id., Ben. Mil., lxxii. 21, 42; Dept. Rec., MS., viii. 92. He had a salary of $3,000. The law creating the office seems to have been dated July or Aug. 29, 1829. In his report of Jan. 1831 the sec. of justice recommended that the asesor be made judge as well, with appeal to the nearest circuit court instead of Mexico, on account of the great distance. Mexico, Mem. Justicia, 1831, p. 7, annex 4. Mexico, Mem. Hacienda, 1832, annex N. Oct. 12, 1829, Virmond from Mexico announces the appointment of the following officers for California: Rafael Gonzalez, administrator of customs at Monterey; Manuel Jimeno Casarin, contador of custom-house; Francisco Perez Pacheco, comandante of the resguardo; and Lieut. Zamorano, promoted to captain. Guerra, Doc., MS., vi. 145.
30. Sept. 9, 1829, news of Pres. Guerrero's accession received. Dept. Rec., MS., vii. 222. Feb. 19, 1829, gov. forbids communication with Acapulco, and adhesion to the plan de Perote. Id., vii. 87. March 14th, communication reopened. Id., vii. 109.
31. Jan. 21, 1828, orders from Mexico circulated to send in bids for repairs on the public roads. May 21st, no bids. Echeandía, however, recommends the opening of a road to Sonora, and one from Sta Bárbara to S. Diego. Dept. Rec., MS., vi. 173; vii. 17. Jan. 30, 1829, minister of justice wants a list of ayuntamientus, 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. Relaciones, 1829, p. 21.
32. April 29, 1829, secretary of justice issues a circular urging judges to sentence criminals to California presidios instead of Vera Cruz. Order transmitted by secretary of war. May 9th, further orders to governors of different states about forwarding convicts. Arrillaga, Recop., 1829, p. 67-9. Oct. 21st, sec. of war to comandante of Acapulco. The govt will send to Cal. the families of such convicts as may desire it. Id., p. 269-70. March 22d, the govt expects improvement in the morals of the convicts, is preparing a regulation for their management, and to give them the means of earning an honest living, forwarding their families, etc. Mexico, Mem. Justicia, 1830, p. 13, 19-20.
33. I have before me the records of sentence of very many of these criminals, with name, place, date, and crime, in Vallejo, Doc., MS., xxix. 408-80; St. Pap., Ben., MS., i. 82-9; Dept. St. Pap., Ben. Mil., MS., lxxx. 12-13; Id., Ben. Cust.-H., MS., iv. 484-5. List of 80 convicts brought to Cal. on the María Ester, with full particulars, in St. Pap., Ben., MS., i. 86-9; Dept. St. Pap., Ben. Mil., MS., lxxii. 19. List of 60 convicts sentenced to California before Dec. 1829. Vallejo, Doc., MS., xxxi. 85; St. Pap., Sac., MS., xi. 10-12.
34. Sept. 18, 1829, E. to sup. govt. Dept. Rec., MS., vii. 38-40. In Doc. Hist. Cal., MS., iv. 897, I find an unsigned document dated Mexico, April 25, 1830, purporting to be addressed by the diputado of Cal to the sup. govt, in which the writer protests against the sending of convicts. If there is no error, this would indicate that Maitorena did make at least one honest effort to serve his constituents.
35. The María Ester left Acapulco Dec. 19th, touched at S. Blas and S. Lúcas, and lost one convict on the voyage. The exact number varies from 77 to 83 in different documents. The Enriqueta was reported to be coming with more convicts. Dept. St. Pap., MS., ii. 133; Id., Cust.-H., i. 32-3; Id., Ben. Cust.-H., iii. 55-6; Dept. Rec., MS., viii. 25, 28, 50.
36. Com. Carrillo's letters to the governor about landing the convicts on Sta Rosa Island in March-Apr. 1830. Dept. St. Pap., Ben. Mil., MS., lxxxviii. 1-3. April 23d, the María Ester sailed for Sta Cruz Island with 31 of the number, the missions furnishing some tools, cattle, hooks, and a little grain. Carrillo (J.), Doc., MS., 22. March 18th, Echeandía to comandante of Monterey from S. Luis Obispo, explaining his plan to send – apparently all – the convicts to the islands. Dept. Rec., 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 8 or 10. At the islands a fire soon destroyed all they had, and after a time, getting no relief, they built rafts, and all came over to the main, landing at Carpintería. The narrator says that as a rule they became very good people. Nov. 2d, 13 of those sent to the island had returned and presented themselves to the comandante. Dept. Rec., MS., viii. 122.
37. May 1, 1830, resolutions signed by Juan Malarin, Mariano Soberanes, José Castro, Antonio Osio, Juan B. Alvarado, Abel Stearns, Juan Cooper, David Spence, and Wm Hartnell. 10 articles subsequently approved by Echeandía. Dept. St. Pap., S. José, MS., v. 34-5. May 30th, alcalde (?) of Monterey to governor, speaks of the excitement caused by the arrival, the greater because of the part taken by convicts in the Solis revolt; and begs in the name of the citizens that they be not permitted to land. St. Pap., Sac., MS., x. 89-90.
38. July 21, 1830, arrival of the Leonor at S. Diego, where 23 of the convicts remained. Dept. St. Pap., Ben. Cust.-H., MS., iii. 54; Dept. Rec., MS., viii. 83. In the Atleta, Apr. 1, 1830, it is stated that Gen. Berdejo levied a tax of $3 on such presidiarios as wished for freedom, and many destined for California were set at liberty.
39. According to Vallejo, Hist. Cal., MS., ii. 69-73, Echeandía excused the Mex. govt for sending convicts, on the ground of ignorance. 'El Gobierno ignoraba que existiesen familias decentes y de educacion en la peninsula,' he said to Lieut. Sanchez. A squad of soldiers came as a guard of this last as of the first convict band. These soldiers seem to have been sent back to the south soon. Alf. Antonio Nieto commanded the last squad.
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, José 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 elecciones de Diputados y de Ayuntamientos, del distrito y territorios de la República, 1830. Printed copy from department of the interior in Vallejo, Doc., MS., xxx. 99; also in Arrillaga, Recop., 1830, p. 253-63. Much of this law relates more particularly to the city of Mexico, its blocks, wards, etc.; but in so far as it applies to California, it does not differ materially from the regulations given in Echeandía's bando of 1828. Oct. 3, 1830, certificate of the election of Carrillo and Bandini, signed by Echeandía and by the electors, who were: Domingo Carrillo, of Sta Bárbara; Juan María Osuna, of S. Diego; José Antonio Carrillo, of Los Angeles; José Peña, of S. Francisco; and Juan Malarin, of Monterey. The document was also signed by the alcalde of Monterey, and by Francisco Pacheco and Antonio Buelna as witnesses. Doc. Hist. Cal., MS., i. 57. Names of electors also in Actas de Elecciones, MS., 9-10; Luis Peralta, from S. José, 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 elections 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 vocales of the dip. chosen Oct. 4th to take the place of retiring members were Mariano G. Vallejo, 5th; Joaquin Ortega, 6th; Antonio María Osio, 7th. Suplentes: Francisco de Haro, 1st; Tomás Yorba, 2d; and Santiago Argüello, 3d. Actas de Elecciones, MS., 11; Dept. Rec., MS., viii. 104. Oct. 7th, gov. notifies Vallejo of his election. Vallejo, Doc., MS., i. 7.
42. Arrillaga, Recop., 1828-31, passim. Law of 1827 in Id., 1828, p. 100-7; Law of 1829 in İd., 1831, p. 224-6. See also Sup. Govt St. Pap., MS., v. 2-3; xix. 44-54; Dept. St. Pap., MS., v. 28; Vallejo, Doc., MS., xxxi. 5; Dispos. Varias, ii. 55.
43. Españoles, Relacion de los Militares Españoles, que han prestado juramento, con expresion de sus clases, edades, servicios, etc., 1828, MS. This list was forwarded by Echeandía to the minister of war on Dec. 6th, and contains the following names: Capt. José María Estudillo; Capt. José Bandini; Padre Antonio Menendez; Lieut. Narciso Fabregat; Capt. José de la Guerra y Noriega; Manuel Gutierrez, ranchero and capitalist, 82 years old, 40 years in Cal.; Vicente Cané, one of the Asia's men; Juan Mariner, retired artilleryman with rank of lieut. — over 60 — 33 years in Cal.; Manuel Gutierrez, 45 years, 7 in Cal.; Francisco Cáceres, 36 years, 11 in Cal.; José Amesti, 36 years, 7 in Cal.; Estévan Munras, 39 years, 8 in Cal.; Antonio Suñol, 35 years, 12 in Cal.; Ramon Espindola, artilleryman, 60 years; Antonio Peña, artilleryman, 50 years; Francisco García, invalido, 60 years; Joaquin de la Torre, 44 years, 25 in Cal.; Francisco Cayuelas, 80 years; Jaime Monyú, one of the Asia's men; as were also Manuel Fogó and Salvador García; José Fernandez, 25 years, 11 in Cal.; Luis Castro, deserter from the Aquiles; as were also José Nadal, Francisco Fernandez, Francisco Filibert, Ramon Obes, sergt., Pablo Sobradelas, and J. M. Iglesias, trader; Miguel Culebras, trader; Rafael Romero, 30 years, suspected thief; Juan Ign. Mancisidor, 40 years, supercargo; Antonio José Cot, already embarked; Francisco Martinez, has passport; P. Luis Martinez, has passport. Contrary to the indication in the title, many of those named had not taken the oath, but had been ordered to do so. There are several documents relating to different individuals of those named above in Dept. Rec., MS., vi. 72, 95, 125-6, 153; vii. 204, 209; Dept. St. Pap., MS., xix. 6-8, 19, 22, 45; St. Pap., Ben., MS., i. 73-5. Nov. 22d, 1828, Echeandía orders investigation of an insult offered to the national flag on Sept. 16th; also outrages to old Spaniards. Dept. Rec., MS., vi. 136. Dec. 1828, Valencia arrested for saying that neither he nor Maitorena nor the vecinos of Sta Bárbara had sworn to the independence. Dept. St. Pap., Ben. Pref. y Juzg., MS., iii. 60. Dec. 14, 1827, R. C. Wyllie writes from Mazatlan to Hartnell that all the states are expelling Spaniards. Vallejo, Doc., MS. xxix. 182. May 9, 1829, Echeandía orders arrest of a Spanish deserter who had forfeited his right to remain by serving two years under a foreign flag. Dept. Rec., MS., vii. 156. May 30, 1829, J. M. Padrés 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.
44. July 6, 1830, Echeandía proclaims the law of March 20, 1829. Dept Rec., MS., viii. 190-1. July 24th, E. orders passports for the 6: Culebras, Obes, Sobradelas, Francisco Fernandez, Iglesias, and Nadal. Id., MS., vii. 208. Mancisidor was added to the list. The two exempted were Luis Castro, 60 years old; and Francisco Galindo, having a family (not in Echeandía'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., Ben. Mil., MS., lxix. 29-30. List of nine Spaniards who ask to remain, mostly on the ground of infirmity. Munras, however, simply wants an extension 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, García (2), Suñol, Torre, Amesti, Munrás, Fogó (or Fogué), José Fernandez, and Luis Castro. St. Pap., Sac., MS., x. 49-52. Culebras asked for a passport to Ross, but was refused. Dept. Rec., MS., vii. 235.
45. Decree of May 10, 1827. Dept. St. Pap., Ang., MS., ix. 3. Half-pay order, Oct. 1829. Id., Ben. Com. and Treas., MS., ii. 7; Dept. St. Pap., Ben. Mil., MS., lxxix. 13. Guerra and others suspended. St. Pap., Sac., MS., x. 67; Ord, Ocurrencias, MS., 18. Sept. 3, 1829, discharge of soldiers ordered by Echeandía. Dept. Rec., MS., vii. 220. July 15th, a soldier at Sta Bárbara discharged. Dept. St. Pap., Ben. Mil., MS., lxx. 16. Cásares, or Cáceres, one of the Spaniards sent away, was a regidor of Monterey. Dept. Rec., MS., vi. 171.
46. Dept. Rec., MS., vi. 94, 197, 264-6; vii. 83, 254. The pirate was reported to be the Griego, Capt. Juan de Mata; and the alarm lasted more or less from 1828 to 1830. The orders in 1828 were, however, that Spanish captains, supercargoes, pilots, etc., of vessels belonging to neutral nations were to be allowed to transact their regular business at the ports, but must be watched and not admitted to the interior. Dept. St. Pap., Ben. Com. and Treas., MS., i. 105.
47. Jan. 9, May 25, Oct. 17, 19, Nov. 7, 1827; Oct. 20, 1828; Aug. 11, 1829, E. to different national departments, complaining of difficulties, asking relief, and, particularly on Nov. 7, 1827, offering his resignation. Dept. st. Pap., MS., ii. 44; Dept. Rec., MS., v. 125-6, 131, 133; St. Pap., Sac., MS., x. 40-1, 44-5.
48. Padrés had been comandante at Loreto and sub-gefe político 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 Echeandía's place. Id., vi. 9. Apr. 3, 1829, Rafael Velez was approved as secretary of the comandancia, instead of Padrés, but he never came. Id., v. 3.
49. June 1, 1829, gov. announces this change. The two territories were still subject in civil matters to the same gefe político. Dept. St. Pap., Ben. Mil., MS., lxix. 2.
50. Feb. 17, 1829, Moctezuma to Echeandía. Orders him to deliver the command to García. Sup. Govt St. Pap., MS., vi. 2. May 1st, Gervasio Argüello writes from Guadalajara that García has been appointed comandante general. Guerra, Doc., MS., v. 227. June 8th, Moctezuma to García. Vessels 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, Echeandía had been ordered to give up the command to Padrés and proceed to Mexico. Id., vi. 9. Doubtless the political changes in Mexico had much to do with these successive and confusing orders. The records of this period are moreover very incomplete.
51. March 8, 1830, Victoria's appointment. March 11th, Minister Facio to Echeandía, ordering him to surrender the gefatura of California to Victoria, and of Lower California to Monterde. Sup. Govt St. Pap., MS., vi. 6-7. March 6, 1830, Capts. Juan Zamora, Juan Aguayo, Gerónino Hernandez, and Luciano Muñoz; Lieut. Leonardo Diez Barroso, and Alf. Mariano Crecero have been destined to California. Id., vi. 5-6.
52. Gonzalez, Experiencias, MS., 26-7, describes his formal reception at Sta Bárbara by the ayuntamiento. Alvarado, Hist. Cal., MS., ii. 156-7, says his reception at the capital was enthusiastic, Lieut Estrada making for all the citizens a speech of reconciliation, and the governor joining most heartily in the ensuing festivities.