History of California (Bancroft)/Volume 3/Chapter 5

CHAPTER V.

ECHEANDf A S RULE MARITIME AND COMMERCIAL AFFAIRS.
1826-30.

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

THE vessels of 1826 were forty-four in number, including a few doubtfully recorded. There were twenty-two American, eight English, five Mexican, four Russian, three of the Hawaiian Islands, and one Californian, though the latter carried the American flag.Eleven were whalers seeking supplies; one was on n scientific and exploring expedition; and the rest, so far as the records show, were engaged more or less exclusively in trade. Ten or twelve were included in the list of the preceding year, having either remained over from December to January or repeating their trip.^[1] Vessels were not allowed to trade at way-ports, such as Santa Cruz, San Luis, Refugio, and San Juan Capistrano, without permission from the governor, which was easily obtained unless there was especial cause for suspicion. In June, Herrera, following instructions from his superior in Sonora, ordered that no vessel be allowed to load or unload in any other port than Monterey. He admitted that such a rule was ruinous to the territorial commerce, and said he had protested against it, but could not disobey orders. Echeandía, however, countermanded the rule provisionally, and it did not go into effect; but at the same time an internacion duty of fifteen per cent and an avería duty of two and a half per cent were added to the former import duty of twenty-five per cent, making a total of 42½ per cent, besides an anchorage tax of $10 for each vessel and a tonnage rate of $2.50 per ton.^[2] Naturally these exactions displeased both the traders and the consumers of foreign goods; but they sought relief, not in written petitions, but in various smuggling expedients, in which they were rarely detected, and which therefore for this year at least find no place in the records.

For Monterey, the chief port of entry, I have no revenue statistics for the year. At Santa Bárbara, where accounts are complete, the revenue from customs was $7,446.^[3] At San Francisco the recorded amount was $4,360;^[4] and at San Diego, $1,666. If the total of $13,500 were doubled, it is evident that the amount would be but a small part of the percentage due on imports. Only a few years later there were complaints that no accounts had been rendered by Herrera and his successors,^[5] so that it is not strange I have been unable to find complete figures.

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

Captain Cooper, in the Rover, came back from China in April 1826. The voyage had been made under a contract of 1824 with the government,^[7] which had entitled the schooner to $10,000 for freight out and back, and the privilege of introducing $10,000 in goods free of duties. Besides some trading done by Cooper on his own account, he sold at Canton 375 otter skins for $7,000, investing the proceeds in effects for the Californian troops. Most of these effects were delivered after some delay to the habilitado of San Diego. The delay, and much subsequent trouble, was caused by dissatisfaction on the part of the governor at the prices received and paid in China, and by personal difficulties in settling their accounts between Cooper and Luis Argüello, as master and owner of the vessel.^[8] This last phase of the quarrel lasted until 1829, involving a lawsuit and various references to arbitrators. Argüello's side of the quarrel is not represented in the records; Cooper's letters are numerous, containing a great variety of uncomplimentary epithets for Don Luis. Arbitrators seem to have decided the case in Cooper's favor in the amount of $5,000, "which," writes the captain, "the damned rascal Argüello will never pay while California remains in its present condition."^[9] To return to the Rover: the only incident of her voyage that is known was the throwing away of all Spanish papers on board, including invoices and the bill of sale to Argüello, and even of the Mexican flag, on account of revelations by a drunken sailor to the effect that the schooner was not American as pretended, but Mexican. This occurred at the Philippine Islands.^[10] On December 17, 1826, she sailed for San Diego, in quest of documents by which she might raise the Mexican flag. José Cárdenas was to be master.^[11] Nothing more is known of the San Rafael, as it was proposed to call her, from contemporary documents; but two Californians tell us that she was sent with a cargo to San Blas, and not allowed to return by the Mexican authorities, who did not like the idea of California having a vessel of her own.^[12]

The visit of Captain Frederick William Beechey, R. N., in H. M. S. Blossom, deserves notice as a prominent event, by reason of the books to the publication of which it gave rise, and the information they contained about California.^[13] Beechey had sailed from England in May 1825, despatched to Bering Strait, there to await the arrival of Franklin and Parry of the arctic expeditions.^[14] Sailing by Cape Horn, Valparaiso, and the Hawaiian Islands, he arrived in Kotzebue Sound in July 1826, remaining in the far north until October, when he was obliged by the closing-in of winter and by want of supplies to sail for the south. He anchored at San Francisco November 6th,^[15] and was hospitably received by Comandante Martinez and Padre Tomás Esténega. Supplies were, however, less plentiful than had been expected, and a party consisting of Collie, Marsh, and Evans was sent overland to Monterey. This party was absent from the 9th to the 17th,^[16] during which time and subsequently Beechey and his men were occupied in making a survey of San Francisco Bay and scientific observations about its shores. No obstacles were thrown in his way, the authorities asking only for a copy of the resulting chart, which was given.^[17] The Englishmen amused themselves chiefly by excursions on horseback over the peninsula, and especially from the presidio to the mission, the inhabitants gaining an extraordinary revenue from the hire and sale of horses. The navigators also visited Mission San José late in November. One man was drowned and buried at San Francisco.

"By Christmas day we had all remained sufficiently long in the harbor to contemplate our departure without regret; the eye had become familiar to the picturesque scenery of the bay, the pleasure of the chase had lost its fascination, and the roads to the mission and presidio were grown tedious and insipid. There was no society to enliven the hours, no incidents to vary one day from the other, and, to use the expression of Donna Gonzalez, California appeared to be as much out of the world as Kamchatka." The Englishmen sailed on December 28th for Monterey. Here they remained five days, cutting spars, and obtaining supplies from missions and from vessels in port, largely by the aid of Hartnell.^[18] The supplies obtainable in California were, however, inadequate to the needs of the expedition, and on the 5th of January the Blossom sailed for the Sandwich Islands. After another trip to the Arctic, unsuccessful like the first, so far as meeting the ill-fated Franklin was concerned, Beechey returned to Monterey October 29, 1827,^[19] remaining until December 17th, when he went again to San Francisco for water, finally sailing on January 3d for San Blas, and thence home via Cape Horn and Brazil, reaching England in October 1828.

It is thus seen that Beechey's visit was in itself an event of slight importance; but the observations published in the voyager's narrative were perhaps more evenly accurate and satisfactory than those of any preceding navigator. Beechey and his companions confined their remarks closely to actual observations. They were less ambitious than some of their predecessors to talk of things they did not understand, and thus avoided ridiculous blunders. It is not, however, necessary to notice their remarks at length here, for the following reasons: A large part is naturally devoted to local and personal matters, or to other topics treated in other chapters; notes of the scientific corps on botany, zoölogy, and other branches, though of great value, can of course receive in a work like this no further attention than mere mention;^[20] and what remains of general description, respecting the country and its institutions, on account of its very accuracy, would be but vain repetition here. Had the visitor been less careful and made more blunders, he would receive more attention from me. Such is fame, and the reward of painstaking.

The missions and the Indians claimed a large share of Beechey's attention, as in the case of earlier visitors, and he was not blind to either the faults or excellences of the system or of the friars who had it in charge.^[21] Respecting the result of Echeandía's experiment at partial emancipation of neophytes, this author happens to be wellnigh the only authority; and he also translates an interesting diary of an expedition against the gentiles under Alférez Sanchez, as noted in the preceding chapter. He gives considerable attention to commerce, presenting a clear statement on this subject.^[22] Like others, the English navigator was enthusiastic in praise of California's climate and other natural advantages; but like others, he wondered at and deplored the prevalent lack of enterprise on the part of Mexican government and Californian people, predicting an inevitable change of owners should no change of policy occur.^[23] His geographical information is usually accurate and valuable; but a curious item is the idea, drawn from the Californians, that the great rivers running into San Francisco bay were three in number — the Jesus María, passing at the back of Bodega in a southerly course from beyond Cape Mendocino; the Sacramento, trending to the south-west, and said to rise in the Rocky Mountains near the source of the Columbia; and the San Joachin, stretching from the south ward through the country of the Bolbones.

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

An attempt was made to remove some of the restrictions on the importation of foreign goods, deemed disadvantageous to Californian interests. The reforms desired were the free entry of foreign vessels into all the ports and embarcaderos, the subdivision of cargoes for convenience of sale and transportation, and the reduction of duties to at most the original twenty-five per cent by the removal of the internacion and avería taxes, and even the tonnage dues. The two first had already been accomplished practically, since the authorities admitted that they had rarely refused permission to engage in coast trade; and as to the third, both governor and comisario were opposed to the high rates, and had been as careless as they dared, and their subordinates even less careful. The diputacion considered the matter in June and July, and by the decision of that body and the resulting decrees, coast trade was legalized, subject to the decision of the supreme government. The removal of the duties was recommended, the internacion tax was restricted to goods carried inland more than four leagues, while the missions were allowed to give bonds for the tax pending the result in Mexico.^[26] Meanwhile there came an order from Mexico, dated before the action of the diputacion, and permitting foreign vessels to touch at Santa Cruz, San Luis Obispo, Purísima, Refugio, and San Juan Capistrano. In its deliberations on revenue matters, the diputacion gave special attention to the duties on liquors, perfecting an elaborate reglamento, which was duly published by the governor. The proceeds of the liquor trade were devoted to the public schools.^[27] Another prominent commercial topic, since hides and tallow were the chief articles of export, was that of live-stock regulations, to which the diputacion also directed its wisdom. The result was a series of twenty articles, in which the branding and slaughter of cattle, with other kindred points, were somewhat minutely regulated.^[28]

The prosperity of 1826 in the business of Hartnell & Co. was followed by trouble and financial embarrassment in 1827-9. The exact nature of the reverses it is difficult to learn from the fragmentary correspondence; but I judge that John Begg & Co. failed, involving McCulloch, Hartnell & Co. to such an extent that the firm was obliged to delay its payments and to close the copartnership. Hartnell, however, paid all debts in California, and continued his business both for himself, with the aid of Captain Guerra, and as agent for foreign houses who sent vessels to the coast. The correspondence would indicate that he went on loading vessels and trading with the padres much as before. David Spence also went into business for himself. In connection with the financial troubles, Hartnell made a trip to Lima, sailing at the end of 1827, probably in the Huascar, and returning in that vessel in July of the following year.^[29]

Captain Cunningham of the Courier, in conjunction probably with the masters of other American vessels, thought to improve the facilities for coast trade by erecting certain buildings and establishing a kind of trading station on Santa Catalina Island. Cunningham was ordered by Echeandía to remove the buildings and promised to do so.^[30]

Auguste Duhaut-Cilly, commanding the French ship Le Héros, 362 tons, 32 men, and 12 guns, sailed from Havre in April 1826, sent out by Lafitte & Co. on a trading voyage round the world. He was accompanied by Dr Paolo Emilio Botta, afterward famous as an archæologist and writer. This young scientist's notes on the inhabitants of the Sandwich Islands and California were added to an Italian translation of the voyager's narrative, made by his father, Carlo Botta, also famous as a poet and historian. Lieutenant Edmond Le Netrel also wrote a journal, a large part of which has been published.^[31]

On January 27, 1827, the Héros, coming from Mazatlan, anchored at Yerba Buena. It yet lacked several months of the proper time for obtaining hides and tallow, but the time could be employed in arranging bargains with the padres; and while the captain remained at the port his supercargo, 'il Signor R——,' visited the missions of the district with samples of goods to be sold. After a month's stay, marked by adventures with grizzly bears and an earthquake, the traders sailed south March 7th, carrying three Indian prisoners condemned to confinement at San Diego. Touching at Santa Cruz, Monterey, Santa Bárbara, and San Pedro, they reached San Diego April 18th. Here the supercargo was left, while Duhaut-Cilly made a trip to Mazatlan and back before June 11th. 'Il Signor R——' proceeded northward to San Francisco by land, while the captain, having experienced an earthquake, and made a tour to San Luis Rey, anchored at Santa Bárbara on the 29th, and at San Francisco on July 17th. During this visit the Frenchman made excursions to Santa Clara, San José, and San Francisco Solano. In August they sailed for Santa Cruz and Monterey. Here Duhaut-Cilly found the French ship Comète, which had come over from the Islands, as he claims, at the instigation of the mysterious and treacherous Signor R——, and to spoil the trade of the Héros, which venture was a failure, as the author is delighted to observe. In September they were at Santa Bárbara, having anchored on the way at El Cojo to receive tallow from Purísima. From San Pedro, about the 22d, the captain, with Botta and a guide, visited Los Angeles and San Gabriel, to feel another earthquake. October 20th, after having broken his collar-bone by a fall from a California bronco, Duhaut-Cilly sailed again for Callao, again leaving il Signor R—— to continue his operations on board the Waverly. He came back to Monterey May 3, 1828, made a visit to Bodega and Ross in June, was at Santa Bárbara and San Pedro before the end of that month, revisited Los Angeles and San Gabriel, and reached San Diego on the 3d of July. Finally the Héros sailed August 27th for the Islands. The Signor R—— had in the mean time run away to Mexico.

From the preceding outline of the French trader's movements, it is seen that his opportunities for observation were more extensive than those of any foreign visitor who had preceded him. No other navigator had visited so many of the Californian establishments. His narrative fills about three hundred pages devoted to California, and is one of the most interesting ever written on the subject. Duhaut-Cilly was an educated man, a close observer, and a good writer. Few things respecting the country or its people or its institutions escaped his notice. His relations with the Californians, and especially the friars, were always friendly, and he has nothing but kind words for all. The treachery of his supercargo caused his commercial venture to be less profitable than the prospects had seemed to warrant.^[32] I have had, and shall have, occasion to cite this author frequently on local and other topics, and it is with regret that I leave the book here without long quotations.^[33]

I find notice of thirty-six vessels on the coast in the year 1828, sixteen of which were included in the fleet of the preceding year, and several others had visited California before. Six were whalers.^[34] A few meagre items of revenue amount to less than $6,000 at San Francisco and $34,000 at San Diego. In January Echeandía issued an order closing the way-ports, or embarcaderos, except San Pedro, to foreign vessels.^[35] This was in accordance with orders from Mexico, and was enforced so far as possible. In July San Pedro was also closed by an order which declared that all coasting trade must be done in Mexican bottoms, that Monterey and Loreto were the only ports open to foreign trade, but that in cases of necessity trade might be permitted at the other presidial ports.^[36] In September San Francisco and Santa Bárbara were closed provisionally; though vessels after discharging their cargoes at Monterey or San Diego might visit the other ports to take away produce, except money and breeding cattle, returning to settle accounts.^[37] I find no evidence, however, that this order was obeyed this year. In the correspondence on revenue the only item worth notice was the reduction of the internacion tax to ten per cent, presumably in response to the petition of 1827.^[38] The Russians were permitted to take otter on a small scale for joint account of the company and the government. American vessels sought hides chiefly; those from Mexico and Peru gave more attention to tallow, while the Hawaiian buyers took away by preference skins and horses.^[39]

The traders were not pleased at the restrictions which the Californian authorities could not well help enforcing to a certain extent; and they redoubled their efforts at smuggling. In most cases they were successful, not much to the displeasure of any one in California, and without leaving any trace of their movements in the records; but occasionally by their insolent disregard of appearances even, they came into conflict with Echeandía. Two such instances in particular are recorded, that of the Franklin and that of the Karimoko. Captain John Bradshaw of the former had been granted all possible privileges, his supercargo, Rufus Perkins, being permitted to travel by land from mission to mission;^[40] but finally in July, at San Diego, he was ordered to deposit his cargo in the warehouse as security for duties, and pending the investigation of charges. He was accused of notorious smuggling on the Lower Californian coast;^[41] of having illegally transferred the cargo of another vessel to his own; of having touched at Santa Catalina in defiance of special orders; of having refused to show his invoices or make a declaration; and of insolence to the governor. Bradshaw and Perkins, being on shore, promised obedience to the order; but asked permission to go on board to make the necessary preparations, and when there refused to leave the vessel, laughed in the face of the Californians sent to convey and enforce — so far as possible by threats — Echeandía's order, and on July 11th changed anchorage to a point near the entrance of the harbor. The governor circulated a warning to the padres and others to deliver no goods to the Franklin should she escape,^[42] as seemed likely to happen, though Bradshaw still promised submission to legal proceedings. Meanwhile Echeandía prepared to put a guard on the vessel, and applied to Duhaut-Cilly for a boat. The French captain could not refuse, but warned Bradshaw and interposed delays. On the morning of the 16th the Franklin cut her cable and ran out of the port, the officers and crew shouting their derision of the Mexican flag as they passed the fort. Forty cannon-balls were sent after the flying craft, with no apparent effect; but Duhaut-Cilly met her a little later at the Islands, and learned that two balls had entered the hull, two had damaged the rigging, and that Bradshaw had been wounded.^[43]

The affair of the Hawaiian brig Karimoko occurred also at San Diego late in the autumn. John Lawlor, or Lawless, as it is often written, was master of the vessel. He it was who, after having employed Domingo Carrillo to teach him Spanish, presented himself to Echeandía to ask for a passport in the following terms: "Buenos dias, Señor General; mi quiero to voy to the missions y comprar cueros y grease con goods; please mi dar permission. Si quieres, quieres; y si no, dejalo. Adios, Señor General."^[44] On this occasion he had anchored at San Pedro and departed without paying $1,000 of duties. He had, in spite of repeated warnings, touched at Santa Catalina Island, and had even deposited goods there, besides breeding animals, the exportation of which was contra bando. The sails of the Karimoko were seized, and then Lawlor was ordered to go with part of his crew to bring over the island goods and live-stock, which were to secure the payment of the duties in arrears. He made all manner of excuses and pleas, including the suggestion that he could not make the trip without sails, and that his men on the island would starve if not relieved soon. The María Ester was employed to carry Santiago Argüello as investigating officer to Santa Catalina, and perhaps to bring over the effects; at any rate, Lawlor got a document in December certifying that all his duties had been paid; but in January of the next year he was again warned to quit the island of Santa Catalina within twenty-four hours.^[45]

There were twenty-three vessels on the Californian coast in 1829, besides four doubtful English craft in Spence's list, eleven belonging to the fleet of 1828, only six appearing for the first time in these waters, and one being built in California.^[46] Records of revenue receipts are still more meagre than for preceding years.^[47] There was little or no change in commercial regulations; but the governor showed a disposition to enforce the orders of 1828 making Monterey and — provisionally — San Diego the only ports free to foreign vessels; and allowing such vessels to trade at the other ports only by special license and under strict precautions; that is, in a few instances a trader might carry goods duly examined and listed at Monterey or San Diego to other ports for sale by paying the expense of a guard to remain on board and watch each transaction.^[48] Something very like a custom-house was therefore maintained at Monterey and San Diego, each under a comisario subalterno, Osio and later Jimeno Casarin at the capital, and Juan Bandini in the south.^[49] A treaty between Mexico and England, by which English and Mexican vessels were put upon terms of equality in respect of duties, was forwarded from San Blas in July; but I find no evidence that the document had any effect in California.^[50]

Most notable among the vessels of the year was the Brookline, the successor of the Sachem, brought out by Wm A. Gale for Bryant, Sturgis, & Co., of Boston, and bringing probably the largest and best-assorted cargo of miscellaneous goods that had ever been offered to the Californians. Sailing from Boston in July 1828, she arrived at Monterey in February 1829. Alfred Robinson, who published a narrative of his voyage and life in California, in 1885 a resident of San Francisco, and probably the oldest American pioneer of California at this date living, came in the Brookline as supercargo's clerk. Gale was disappointed at the restrictions that had been imposed on foreign commerce since he left the coast, and which bade fair to interfere with the success of his trip; but his wares, and his prospective duties of $30,000, were a tempting bait; and without much difficulty he concluded an arrangement with Echeandía, by which he acquired practically all the privileges of old, was allowed to visit all the ports, and to pay his duties in goods.^[51] José Estudillo was put on board with two or three soldiers, at Gale's expense, to watch proceedings, and prevent irregularities at Santa Bárbara, San Pedro, and San Francisco. It would perhaps be uncharitable to suggest, in the absence of proof, that these employees may have served Gale more faithfully than they did the revenue officers.^[52] Gale was not satisfied with the manner in which he was treated, forming an unfavorable opinion of Echeandía's abilities and honesty, and suspecting favoritism toward his business rival, Hartnell; yet he seems to have done this year and the next a larger business than any other trader.^[53]

An interesting circumstance connected with the Brookline's visit was the raising of an American flag at San Diego, noticed in the newspapers on the authority of Captain James P. Arther.^[54] He had visited California before in the Harbinger, was mate of the Brookline, and, like George W. Greene, one of his companions, was still living in Massachusetts in 1872. "Arthur and his little party were sent ashore at San Diego to cure hides. They had a barn-like structure of wood, provided by the ship's carpenter, which answered the purposes of storehouse, curing-shop, and residence. The life was lonesome enough. Upon the wide expanse of the Pacific they occasionally discerned a distant ship. Sometimes a vessel sailed near the lower offing. It was thus that the idea of preparing and raising a flag, for the purpose of attracting attention, occurred to them. The flag was manufactured from some shirts, and Captain Arthur writes, with the just accuracy of a historian, that Mr Greene's calico shirt furnished the blue, while he furnished the red and white. 'It was completed and raised on a Sunday, on the occasion of the arrival of the schooner Washington, Captain Thompson, of the Sandwich Islands, but sailing under the American flag.' So writes honest Captain Arthur. He further states that the same flag was afterwards frequently raised at Santa Bárbara, whenever in fact there was a vessel coming into port. These men raised our national ensign, not in bravado, nor for war and conquest, but as honest men, to show that they were American citizens and wanted company. And while the act cannot be regarded as in the light of a claim to sovereignty, it is still interesting as a fact, and as an unconscious indication of manifest destiny."^[55]

Charles Lang, an American, with two sailors and two kanakas, was found in a boat near Todos Santos and arrested. He said he had come from the Sandwich Islands in the Alabama, with the intention of settling somewhere in California. The captives were brought to San Diego; and as Lang's effects, including a barrel-organ and two trunks of dry goods, seemed better adapted to smuggling than to colonization, they were confiscated,^[56] and sold in June. The case went to Mexico, and afterward to the district judge at Guaymas, with results that are not apparent.

Among the vessels named as making up the fleet of 1829, there was one built at Santa Bárbara, and named the Santa Bárbara. This was a schooner of thirty-three tons, built for Cárlos Carrillo and William G. Dana for the coasting trade and for otter-catching. After certain delays and formalities, Echeandía granted the desired license for trade in August. José Carrillo was to be the captain, and the crew six men, more than half of whom must be Mexicans. Little is known respecting the career of this early — probably earliest — product of Californian ship-yards.^[57]

Here I may introduce the romantic episode of Henry Fitch's marriage to a 'daughter of California,' a lady still living in 1880. The young American sailor had first arrived in 1826, and had soon surrendered to the charms of Doña Josefa, daughter of Joaquin Carrillo of San Diego, who in turn was won, as she states in a narrative written fifty years later,^[58] by the handsome person and dashing manners of the captain. In 1827 he gave her a written promise of marriage. There were legal impediments on account of the fact that Fitch was a foreigner; but the young lady's parents approved the match, and a Dominican friar consented to perform the ceremony. It was hoped there would be no interference by either civil or ecclesiastical authorities, yet a degree of secrecy was observed. As an essential preliminary, Padre Menendez baptized the American, April 14, 1829, at the presidial chapel of San Diego.^[59] The friar promised to marry the couple the next day; preparations were made, and a few friends assembled late in the evening at the house of the Carrillos.^[60] At the last moment, however, Domingo Carrillo, uncle of the bride, refused to serve as witness; the friar's courage failed him, and the ceremony could not proceed.^[61] Neither the arguments and angry ravings of the Yankee novio nor the tears and entreaties of the novia could overcome the padre's fears and scruples; but he reminded Fitch that there were other countries where the laws were less stringent, and even offered to go in person and marry him anywhere beyond the limits of California. "Why don't you carry me off, Don Enrique?" naively suggested Doña Josefa. Captain Barry approved the scheme, and so did Pio Pico, cousin of the lady. The parents were not consulted. Fitch, though somewhat cautious on account of his business relations and prospects on the coast, was not a man to require urging. Next night Pio Pico, mounted on his best steed, took his cousin Josefa up on the saddle and carried her swiftly to a spot on the bay-shore where a boat was waiting; the lovers were soon re-united on board the Vulture;^[62] and before morning were far out on the Pacific. They were married on the evening of July 3d at Valparaiso, by the curate Orrego, Capt. Barry being one of the witnesses. Subsequently they returned to Callao and Lima.

The elopement of Señorita Carrillo was naturally much talked of in California; rumors were current that she had been forcibly abducted from her home, and the ecclesiastical authorities were greatly scandalized. Next year, however, Fitch made his appearance in command of the Leonor, having on board also his wife and infant son. He touched at San Diego in July 1830, and thence came up to San Pedro. Here he received a summons from Padre Sanchez at San Gabriel, vicar and ecclesiastical judge of the territory, to present himself for trial on most serious charges; but he merely sent his marriage certificate by Virmond for the vicar's inspection, and sailed up the coast for Santa Bárbara and Monterey. Sanchez at once sent an order to Monterey that Fitch be arrested and sent to San Gabriel for trial, Doña Josefa being deposited in some respectable house at the capital. This order was executed by Echeandía at the end of August on the arrival of the Leonor.^[63] The lady was sent to Captain Cooper's house, and the husband was placed under arrest. He claimed, however, to be unable to travel by land. He protested against imprisonment as ruinous to his business, complained that the trial had not been begun at San Diego, and asked that at least he might be allowed to travel by sea. José Palomares, to whom as fiscal Padre Sanchez submitted this request, gave a radical report against Fitch September 17th, declaring him entitled to no concessions, his offences being most heinous, and his intention being evidently to run away again. Yet Sanchez concluded to permit the trip by sea, on Virmond becoming bondsman for the culprit's presentment in due time; and on December 8th Fitch arrived at San Gabriel, and was made a prisoner in one of the mission rooms.

Meanwhile Mrs Fitch petitioned Echeandía at the end of October for release, and permission to go south by sea. The governor consented, and Doña Josefa sailed on the Ayacucho for Santa Bárbara, whence she proceeded on the Pocahontas to San Pedro, arriving at San Gabriel on November 24th, where she was committed to the care of Eulalia Perez of later centenarian fame. When her husband came, the house of Doña Eulalia was deemed too near his prison, and Josefa was transferred to the care of Mrs William A. Richardson. The fiscal pronounced Echeandía's act a gross infringement on ecclesiastical authority, declared him a culprit before God's tribunal, and urged that he be arrested and brought to trial. But Vicar Sanchez, though taking a similar view of Echeandia's conduct, thought it best, in view of the critical condition of affairs and the nearness of the time when Victoria was to take command, not to attempt the governor's arrest.

In December, Fitch and his wife were repeatedly interrogated before the ecclesiastical court, and Fiscal Palomares for a third time ventilated his legal learning. He now admitted his belief that the motives of the accused had been honest and pure, also that the affair might be settled without referring it to the bishop, but still maintaining the nullity of the marriage.^[64] Fitch presented in his own behalf an elaborate argument against the views of the fiscal, complaining of his business losses, and of the threatened illegitimacy of his son, but for which he would be glad to have the marriage declared null and to marry over again. Many witnesses were examined, both at San Gabriel and San Diego. On the 28th of December the vicar rendered his decision, Christi nomine invocato, that the fiscal had not substantiated his accusations; that the marriage at Valparaiso, though not legitimate, was not null, but valid; that the parties be set at liberty, the wife being given up to the husband; and that they be velados the next Sunday, receiving the sacraments that ought to have preceded the marriage ceremony. "Yet, considering the great scandal which Don Enrique has caused in this province, I condemn him to give as a penance and reparation a bell of at least fifty pounds in weight for the church at Los Angeles, which barely has a borrowed one." Moreover, the couple must present themselves in church with lighted candles in their hands to hear high mass for three dias festivos, and recite together for thirty days one third of the rosary of the holy virgin. Let us hope that these acts of penance were devoutly performed. The vicar did not fail to order an investigation of the charges against Padre Menendez, who had acted irregularly in advising the parties to leave the country; but nothing is recorded of the result.^[65]

Only seventeen vessels are named in the records of 1830, besides four that rest on doubtful authority; so that commercial industry would seem to slow diminished prosperity; yet the records of this final year of the decade are less complete than before.^[66] A Mexican report makes the revenue receipts at San Diego for the year $22,432, while the custom-house records seem to make the amount $36,875.^[67] No vessel of the year seems to require special notice, neither were there any important modifications in trade or revenue regulations. Commercial and maritime annals of 1830 are thus wellnigh a blank.^[68] I append an alphabetical list of all the vessels, about 100 in number, besides doubtful records, touching on the coast in 1825–30, with such items about each as are accessible and apparently worth preserving. I might add the dates at which all the vessels, or most of them, touched at the different ports on their successive trips; but the information would be of great bulk and little real value.^[69]

Notes

Funchal, Globe, Jura, Leonor, María Ester, Planet, Pocahontas, Seringapatan (?), Thomas Nowlan, Volunteer, Washington (?), Whaleman.

1. The vessels of the year, for more particulars about which see list at end of this chapter, were the Adam, Alliance, Aryory, Baikal, Blossom, Charlt 1 *, Courier, Cyrus, Elena, Eliza, Franklin, General Bravo, Harb ntjer, Ii/ca, I nor?, J6ven An>/ustiax, Kiahkta, Maria E*ter, Maria Teresa, Mercury (2), Mero, Moor, Olive Branch, Paragon, Peruvian, Pizorro, J-fover, Sachem, Santa Apolonia, Sirena, Solitude, Speed i/, Spy, ThomsNowlan, Timorelan, Triton, Washington (3), Waverly, Whaleman, Youny Tartar, Zamora.
2. June 28th, Herrera to habilitados of S. Francisco, Sta Bárbara, and S. Diego, closing those ports. Dept. St. Pap., Ben. Com. and Treas., MS., i. 16. July 5th, Id., insisting on internacion duty according to decree of Aug. 6, 1824. St. Pap., Ben., MS., i. 67-8. July 11th, Id. to gov., insisting on the reformation of abuses, though said abuses were necessary. Dept. St. Pap., Ben. Com. and Treas., MS., i. 42-7. July 22d, Id. to habilitados. Countermands order of June 28th until govt decides, but not that of July 5th. Id., i. 51-2. Beechey, Voyage, ii. 10, 69, refers to the excessive duties. Jan. 24th, revised tariff of prices for products. St. Pap., Sac., MS., x. 90-1. May 10th, decree of Mex. govt. All exports free of duty. Sup. Govt St. Pap., MS., xix. 38. Sept. 26th, import duties as given in the text. Dept. St. Pap., Ben. Mil., MS., lx. 2. July 17th, habilitado of Sta Bárbara understands that by the decree of Feb. 12, 1825, internacion duty is payable only on goods taken from the custom-house for other ports, foreign vessels having to pay only the 25 per cent and Mexican the 15 per cent of import duties. Dept. St. Pap., Ben. Com. and Treas., MS., i. 48.
3. Dept. St. Pap., Ben. Com. and Treas., MS., i. 65. Partial statistics for each vessel are given in the list at the end of this chapter.
4. Habilitados' accounts in Vallejo, Doc., MS., i. passim; Dept. St. Pap., Ben. Mil., MS., lx. 1-4.
5. Figueroa to Mex. govt in 1834. Dept. St. Pap., MS., iii. 209-10.
6. Echeandía's permit of June 18 and Aug. 26, 1826, to Hartnell's vessels. Dept. Rec., MS., iv. 48; Vallejo, Doc., MS., xxix. 57. Letters of McCulloch, Begg & Co., Brothertons, for the year, in Id., MS., xxix. nos. 4, 6, 12-15, 21, 40, 43, 52, 65. Some beef was acceptable where hides and tallow were not forthcoming. The Eliza appears to have cleared at Callao for Costa Rica to deceive rivals. The Esther, sent to England with hides, had not been heard of. The tallow from each mission must be marked 'so that the peculiar tricks of each padre may be found out.' Cash is sent and more promised. Anderson's competition in Peru was especially feared. War between Buenos Aires and Brazil made prospects better. Yet P. Uría, from Soledad, protests on June 11th against being obliged to sell exclusively to Hartnell, and will in future accept the best offers.
7. See vol. ii. p. 520.
8. Arrival of the Rover, and trouble about the landing of the cargo. Dept. St. Pap., Ben. Mil., MS., lxxxvii. 68; Id., Ben. Cust.-H., i. 18-20, 30; St. Pap., Ben., MS., i. 71; St. Pap., Sac., MS., xi. 1.
9. Cooper's letters of 1826-9, in Vallejo, Doc., MS., xxix., nos. 54, 113, 108, 117, 128, 200, 210, 234, 235, 292, 334, 387, with many more in the same volume, relating to details of C.'s business in those years, being of no special importance. It appears that Kierolf & Co., in China, had sent some goods by C. to Cal. on sale, and that by reason of his troubles with Argüello, he was unable to settle with that firm for several years. J. P. Sturgis was Cooper's correspondent at Canton.
10. Cooper's deposition of Dec. 23th, in Dept. St. Pap., Ben. Mil., MS., lxiii. 9. The loss of the papers complicated the quarrel with Argüello. July 27th, gov. ordered the sale of the vessel to Argüello, and the manner of her nationalization to be investigated. St. Pap., Sac., MS., xii. 14.
11. Dept. St. Pap., Ben. Cust.-H., MS., i. 25.
12. Fernandez, Cosas de Cal., MS., 37-9; Alvarado, Hist. Cal., MS., ii. 84-6.
13. Beechey, Narrative of a Voyage to the Pacific and Beering's Strait, to Co-operate with the Polar Expeditions, performed in His Majesty's Ship Blossom, under the command of Captain F. W. Beechey, R. N., F. R. S., etc., in the years 1825, 26, 27, 28. Published by authority of the Lords Commissioners of the Admiralty. A new Edition. London, 1831. 8vo, 2 volumes, maps and plates. This edition is not mentioned by Sabin, being published by Colburn and Bentley. The original in 4to form, 2 vols., had the same title, date, and publishers. There were published in 1832, according to Sabin, an American edition and a German translation. In the edition used by me the California matter is found in vol. i. p. 471-2; vol. ii. p. 1-88, 319-21, 403; with descriptions of S. Francisco and Monterey harbors on p. 422-9; and observations of latitude and longitude on p. 443. Only one plate relates to California, that of 'Californian throwing the lasso.' In Huish, A Narrative of the Voyages and Travels of Capt. Beechey, etc., London, 1836, the California matter is given on p. 415-60, somewhat condensed, and a portrait of Beechey forms the frontispiece. Hooker and Arnott, The Botany of Captain Beechey's Voyage; comprising an account of the plants collected by Messrs. Lay and Collie, etc. London, 1841. 4to, plates. The matter is arranged geographically in order of the countries visited; and California occupies p. 134-65, with one plate so far as Beechey's voyage is concerned; but on p. 315-409 is given a more important California Supplement, made up chiefly of a description of specimens collected by Douglas later, with 23 plates. Richardson and others, The Zoölogy of Captain Beechey's Voyage; compiled from the collections and notes made by Captain Beechey, the officers and naturalist, etc. London, 1839. 4to. The matter on California is scattered through the volume. The plates are splendidly colored. From p. 160 there is a chapter on geology, which contains a 'geological plan' and description of the port of S. Francisco, which I copy elsewhere.
14. The Blossom mounted 16 guns. The chief officers under Beechey were: lieutenants Geo. Peard, Edward Belcher, and John Wainwright; master, Thomas Elson; surgeon and assistant, Alex. Collie and Thomas Neilson; purser, Geo. Marsh; mates, Wm. Smyth and Jas. Wolfe; midshipmen, John Rendall and Richard B. Beechey; clerks, John Evans and Chas. H. Osmer. The whole force was 100 men.
15. Announcement of arrival dated Nov. 7th, in Dept. St. Pap., Ben. Cust.-H., MS., i. 24.
16. Collie's party, with an escort of Californian soldiers, travelled by way of Sierra de S. Bruno, Rio de S. Bruno, Burri Burri, over the plain of Las Salinas, with Estrecho de S. José on the left, and Sierra del Sur on right. S. Mateo, Las Pulgas, Santa Clara, S. José, Ojo del Coche (?), plain of Las Llagas, Rancho de Las Animas, Rio de Pájaro, plain of S. Juan, S. Juan Bautista, Llano del Rey, Rancho Las Salinas, Monterey, and returned by the same route. They were kindly treated by Capt. Gonzalez and Mr Hartnell. The diary of this trip furnished Beechey a large part of the information published about California.
17. Jan. 25, 1827, gov. to Martinez. Presumes that Beechey laid before him the necessary permit of the sup. govt to make a plan of the harbor. Orders him to forward the plan to S. Diego. Dept. Rec., MS., v. 13.
18. Jan. 4, 1827, Beechey writes from Monterey to the British consul in Mexico, recommending the appointment of Hartnell as vice-consul in Cal., in consequence of the increasing importance of English trade on the Pacific coast. Vallejo, Doc., MS., xxix. 102.
19. Notice of presence of the Blossom and 3 whalers on the coast in November. Vallejo, Doc., MS., xxix. 168. Called the Blondes, at Monterey Nov. 8th. Dept. St. Pap., MS., ii. 47. Mention of visit in Soule's Annals of S. F., 163-4.
20. See note 13 of this chapter.
21. 'Though the system they pursue is not calculated to raise the colony to any great prosperity, yet the neglect of the missions would not long precede the ruin of the presidios and of the whole of the district.' Vol. ii. p. 15. 'As to the various methods employed for the purpose of bringing proselytes to the missions, there are several reports, of which some were not very creditable to the institution; nevertheless, on the whole, I am of opinion that the priests are innocent, from a conviction that they are ignorant of the means employed by those who are under them. Whatever may be the system, ... the change according to our ideas of happiness would seem advantageous to them, as they lead a far better life in the missions than in their forests.' p. 17. 'The produce of the land and of the labor of the Indians is appropriated to the support of the mission, and the overplus to amass a fund which is entirely at the disposal of the padres. In some of the establishments this must be very large, although the padres will not admit it, and always plead poverty. The government has lately demanded a part of this profit, but the priests, who, it is said, think the Indians are more entitled to it than the government, make small donations to them, and thus evade the tax by taking care there shall be no overplus.' p. 19-20. 'Though there may be occașional acts of tyranny, yet the general character of the padres is kind and benevolent, and in some missions the converts are so much attached to them that I have heard them declare they would go with them if they were obliged to quit the country. It is greatly to be regretted that, with the influence these men have over their pupils, and the regard those pupils seem to have for their masters, the priests do not interest themselves a little more in the education of their converts.' 'The Indians are, in general, well clothed and fed.' p. 21-2. 'Nothing could exceed the kindness and consideration of these excellent men to their guests and to travellers;' but they 'were very bigoted men, and invariably introduced the subject of religion.' p. 33-4.
22. I may quote at some length on this topic, as being the subject proper of this chapter. 'The trade consists in the exportation of hides, tallow, manteca, horses to the Sandwich Islands, grain for the Russian establishments, and in the disposal of provisions to whale-ships, ... and perhaps a few furs and dollars are sent to China. The importations are dry goods, furniture, wearing apparel, agricultural implements, deal boards, and salt; and silks and fireworks from China for the decoration of churches and celebration of saints' days. In 1927 almost all these articles bore high prices: the former in consequence of the increased demand; and the latter partly from the necessity of meeting the expenses of the purchase of a return cargo, and partly on account of the navigation.' Great complaint of high prices, 'not considering that the fault was in great measure their own, and that they were purchasing some articles brought several thousand miles, when they might have procured them in their own country with moderate labor only,' for example, salt and deal boards and carts. 'With similar disregard for their interests, they were purchasing sea-otter skins at $20 apiece, whilst the animals were swimming about unmolested in their own harbors; and this from the Russians, who are intruders on their coast, and are depriving them of a lucrative trace. With this want of commercial enterprise, they are not much entitled to commiseration. With more justice might they have complained of the navigation laws, which, though no doubt beneficial to inhabitants on the eastern coast of Mexico, where there are vessels to conduct the coasting trade, are extremely disadvantageous to the Californians, who having no vessels are often obliged to pay the duties on goods introduced in foreign bottoms.' 17% higher than on Mexican vessels. Not only this, 'but as a foreign vessel cannot break stowage without landing the whole of her cargo, they must in addition incur the expenses attending that which will in general fall upon a few goods only. The imprudent nature of these laws as regards California appears to have been considered by the authorities, as they overlook the introduction of goods into the towns by indirect channels, except in cases of a gross and palpable nature. In this manner several American vessels have contrived to dispose of their cargoes, and the inhabitants have been supplied with goods of which they were much in need.' p. 68-70.
23. 'Possessing all these advantages, an industrious population alone seems requisite to withdraw it from the obscurity in which it has so long slept under the indolence of the people and the jealous policy of the Spanish government. Indeed, it struck us as lamentable to see such an extent of habitable country lying almost desolate and useless to mankind, whilst other nations are groaning under the burden of their population. It is evident from the natural course of events, and from the rapidity with which observation has recently been extended to the hitherto most obscure parts of the globe, that this indifference cannot continue; for either it must disappear under the present authorities, or the country will fall into other hands, as from its situation with regard to other powers upon the new continent, and to the commerce of the Pacific, it is of too much importance to be permitted to remain longer in its present neglected state. Already have the Russians encroached upon the territory by possessing themselves of the Farallones and some islands of Santa Bárbara; and their new settlement at Rossi is so near upon the boundary (no Englishman could admit it to be within California — author) as to be the cause of much jealous feeling — not without reason, it would appear.' p. 66-7.
24. See list at end of this chapter. Vessels of 1827: Andes (?), Baikal, Blossom, Cadboro, Carimacer (?), Comete, Courier, Favorite, Franklin, Fulham, Golovnin, Harbinger, Héros, Huascar, Isabella, Magdalena, María Ester, Massachusetts, Oliphant (?), Olive Branch, Okhotsk, Orion, Paraiso, Sachem, Solitude, Spy, Tamaahmaah, Tenieya, Thomas Nowlan, Tomasa, Washington, Waverly, Young Tartar.
25. Net revenue at S. F., $3,304. Dept. St. Pap., Ben. Mil., lxii. 8-11. See also figures in the list of vessels at end of this chapter.
26. Jan. 22, and Aug. 6, 1827, Herrera regulates the details of trade between private persons and foreign vessels, to prevent abuses of the illegal privileges allowed of coast trade and division of cargoes. Dept. St. Pap., Ben. Com. and Treas., MS., i. 82-6. June 23d, July 24th, sessions of the diputacion. Bandini took a leading part in urging the reforms. Leg. Rec., MS., i. 52-4, 64-72. July 20th, gov. announces that foreign vessels may touch at Sta Cruz, S. Luis, Purísima, Refugio, and S. Juan, by applying to the nearest comandante with a statement from the missionary that such visit is necessary. Dept. Rec., MS., v. 68; Dept. St. Pap., MS., i. 144. Aug. 10th, com. of Sta Bárbara on same subject. Dept. St. Pap., Ben. Mil., MS., lvii. 12-13. Aug. 7th, Herrera announces the change respecting the internacion duty. Dept. St. Pap., Ben. Com. and Treas., MS., i. 86-7. Aug. 22d, gov. to sup. govt, announcing the act of the dip.; also asking for one or two gunboats and for a naval station at S. Francisco. Dept. Rec., MS., v. 128-9. June 1st, min. of war to E., announcing the president's permission for foreign vessels to touch at the way-ports already named in this note and in the text. Dept. Rec., MS., vi. 176. Vallejo, Esposicion, 6, cites in 1837 a law of Nov. 16, 1827, forbidding comercio de escala by foreign vessels. The tariff law of Nov. 16th, Mexico, Arancel Gen., 1827, p. 5, allowed foreign goods to be introduced into Cal. for three fifths the duties required elsewhere except in Yucatan; but if reëxported, the other two fifths must be paid. Miscellaneous items on commerce for 1827: Rates of duties — import, 25% on value; avería, 2½% on do.; internacion, 15% on do.; tonnage, $2.50 per ton (Mexican measurement); anchorage, $10 per vessel; collectors' compensation, 3%. Dept. St. Pap., Ben. Mil., MS., lxii. 5-10. Jan., national products free from export duty, except gold and silver. Dept. St. Pap., Ben. Com. and Treas., MS., i. 71. Jan. 31st, gov. says Sandwich Island traders may touch at ports; but not war-vessels, until it be proved that they sail under a proper flag and due authority. Dept. Rec., MS., v. 19. July 20th, Capt. Guerra says the Mexicans in Cal. will probably abandon trade to the foreigners, who speculate in everything, and with whom they cannot compete. Doc. Hist. Cal., MS., iv. 84. Grain raised only for home consumption, also wool; horse-hair somewhat sought by the French; padres unwilling to take money; exports annount to what 4 vessels of 300 tons can carry; 47% profit may be counted on; the export of tallow averages 1 arroba for each hide. Duhaut-Cilly, Viaggio, i. 232-3, 253; ii. 145-7, 150.
27. Reglamento de Contribuciones sobre Licores, 1827, MS. , approved at sessions of June 26th, 28th, 30th, July 2d, 7th. Gov.'s decree of July 12th, in Dept. St. Pap., S. José, MS., iv. 40-7. The tax was $5 per barrel of 160 quarts for brandy and $2.50 for wine in Monterey and S. Francisco jurisdictions; in the south $10 and $5 respectively, payable by all buyers and by the producer who might retail the liquor. This for native liquors. Foreign brandy and wine paid $20 and $10 per barrel. The regulations for the collection of this tax are somewhat complicated, and need not be given. Aug. 6th, Herrera announces that by superior orders a duty of 80% on foreign liquors and 70% on wines is to be exacted besides the 15% of internacion. Dept. St. Pap., Ben. Com. and Treas., MS., i. 87-8.
28. Reglamento sobre Canados, aprobado por la Diputacion, 1827, MS.
29. Mrs Hartnell, Narrativa, MS., 2-3, says that the rivalry of Cooper, favored by the government, and of Spence soon obliged the firm of McC., H. & Co. to liquidate. Alvarado, Hist. Cal., MS., iv. 145, says that H. paid all the debts of Begg & Co. in Cal. April, McCulloch advises H. to propose to Begg & Co. a reform in the Cal. establishment, including a small vessel on the coast under Mexican flag. Salting hides won't pay, nor will soap and candles. Vallejo, Doc., MS., xxix. 125. July 1st, P. Viader to H. Speaks of Begg's failure, which he has expected for some time. Id., 135. Fears for success of hide business. Id., 141. Aug. 6th, Begg & Co. say the prospect is bad. Mendoza (?) tallow better and cheaper than that of Cal. Id., 148. Nov. 6th, P. Sarría speaks of H.'s voyage, and sends letters of recommendation to friends in Lima. Id., 167. Jan. 5, 1828, Spence at Monterey to H. at Lima. Id., 190. May 1st, circular of Begg, Macala, and Hartnell to the padres of California, announcing the dissolution of the firm of McC., H. & Co., and that H. will settle all accounts and continue the business for himself. Warm thanks are rendered for past courtesies, and H. is strongly recommended by the former associates. Id., 224. July 14th, H. arrived by the Huascar. Dept. Rec., MS., vi. 80. July 16th, Cunningham speaks of a protested bill. Vallejo, Doc., MS., xix. 257. McCulloch continues his letters to H. Aug. 1st, gov. regrets Begg's want of confidence in Mexican commerce. Id., 265. Aug. 28th, balance sheet of $5,097 between Begg & Co. and H. Id., 272. More accounts in October. Id., 282. Oct. 18th, certificate that H. furnished $14,397 in tallow, as he agreed in Lima. Id., 283. The correspondence of 1829 is unimportant, but shows that H. still owed considerable money in Lima, and that his creditors were pressing. Id., passim.
30. Dept. Rec., MS., v. 19; Dept. St. Pap., MS., ii. 22.
31. Duhaut-Cilly, Voyage autour du monde, principalement á la Californie et aux Isles Sandwich pendant les années 1826, 1827, 1828, et 1829. Par A. Duhaut-Cilly. Paris, 1835. 8vo. 428 p. plate. Of this original French edition I have only a fragment in my collection, and my references are therefore to the following: Duhaut-Cilly, Viaggio intorno al Globo, principalmente alla California ed alle isole Sandvich, negli anni 1826, 1827, 1828, e 1829, di A. Duhaut-Cilly, capitano di lungo corso, cav. della Legion d'Onore, ecc. Con l'aggiunta delle osservazioni sugli abitanti di quei paesi di Paolo Emilio Botta. Traduzione dal francese nell' italiano de Carlo Botta. Turin, 1841. 8vo. 2 vol. xvi. 206 p. 1 l.; 392 p. plates. The portion added to this translation, Botta, Osservazioni sugli abitanti delle isole Sandwich e della California de Paolo Emilio Botta. Fatte nel suo viaggio intorno al globo col Capitano Duhaut-Cilly, occupies p. 339-92 of vol. ii.; that part relating to Cal. is found on p. 367-78. These notes had originally appeared as Botti, Observations sur les habitans de la Californie, in Nouv. Annales des Voyages, lii. 156-66. Le Netrel, Voyage autour du Monde, etc. Extrait du journal de M. Edmond Le Netrel, Lieutenant à bord de ce vaisseau (Le Héros), in Nouvelles Annales des Voyages, xlv. 129-82.
32. Morineau, Notice sur la Californie, 151-2, says that both the Héros and the Comète brought cargoes, which, besides being too large, were ill-assorted and did not sell well.
33. Mention of the Héros in Dept. Rec., MS., vi. 32; Dept. St. Pap., Ben. Mil., MS., lxiii. 2; Id., Ben. Pref. y Juzg., MS., i. 2. Taylor, in Brown's L. Cal., 43, mentions this voyage.
34. See list at end of this chapter. Vessels of 1828: the Andes, Arab (under a Russian name), Baikal, Becket (?), Brillante (?), Clio, Courier, Emily, Fenix, Franklin, Fulham, Funchal, General Sucre, Griffon, Guibale (?), Harbinger, Héros, Huascar, Karimoko, Kiahkta, Laperin (?), Magdalena, María Ester, Minerva, Okhotsk, Pocahontas, Rascow, Solitude, Telemachus, Thomas Nowlan, Times, Verale (?), Vulture, Washington, Waverly, Wilmantic. I have fragments of the Waverly's original log for 1828-9. The author describes, p. 10, a celebration of St Nicholas day on the Russian vessels at Monterey Dec. 17th; also a fandango on shore. Peirce's Rough Sketch, MS., and Memorandum, MS., describe the Griffon's voyage as remembered by the author, who was on the vessel. Six vessels at S. F. in January are not named, but described by Morineau as a Russian frigate; a Russian brig of 200 tons loaded with grain for Sitka; an English schooner from New Albion; an American brig of 150 tons from Manila; a Hawaiian brig of 140 tons manned by kanakas; and a Mexican schooner of 100 tons from Sandwich Islands. El Brillante was at S. Diego from S. Blas, according to this author.
35. Jan. 29, 1828, St. Pap., Sac., MS., x. 104. March 3d, Echeandía to com. gen. Has been obliged to keep open the four presidial ports and S. Pedro. Dept. Rec., MS., vi. 7.
36. July 8, 1828, gov.'s order. Dept. Rec., MS., vi. 63, 77; Dept. St. Pap., S. José, MS., iv. 53-4.
37. Sept. 30, 1828, gov.'s order in Dept. Rec., MS., vi. 103-3; Dept. St. Pap, S. Jose, MS., iv. 72-3. Nov. 26th, gov. permits foreign vessels, after discharging their inward cargoes, to carry lumber from Monterey to Sta Bárbara. Dept. Rec., MS., vi. 145. Nov. 30th, E. to min. of war, asking that S. Diego be opened formally and fully to foreign commerce. Id., vi. 52; Dept. St. Pap., MS., iii. 208.
38. March 20, 1828, com. gen. sends decree of congress reducing the duty to 8% (on the goods for which bonds had been given?) if paid within 15 days after publication of this order. Dept. St. Pap., Ben. Com. and Treas., MS., i. 95. But in August Echeandía says the tax is 10%. Dept. Rec., MS., vi. 86. Feb. 1st, woollen and silk of Mexican manufacture free of duties. Dept. St. Pap., Mont., MS., i. 20. Goods still received as duties. Vallejo, Doc., MS., xvii. 9, et passim. Consignees must declare tonnage of vessels on presenting manifest of cargo. Dept. St. Pap., Ben. Com. and Treas., MS., i. 93. June 20th, revenue from maritime duties belongs to the nation; taxes on retail trade to the municipality. Dept. Rec., MS., vi. 58. Sept. 30th, tonnage $2.12½ per ton. Id., vi. 103. Avería duties from July 1828 to June 1829, $256. Mexico, Mem. Hacienda, 1829, doc. 29. Duties were computed by Martinez at S. Francisco, by taking three fifths of the value, and the tonnage was reckoned at $2.12½ per ton, less two fifths, a deduction for which he was blamed by the governor. Vallejo, Doc., MS., i. 157, 162.
39. Spence's Hist. Notes, MS., 13.
40. May 7, 1828. Dept. Rec., MS., vi. 200.
41. A warning had come from Loreto in May. Dept. Rec., MS., vi. 203. Duhaut-Cilly, Viaggio, ii. 194-200, who was at S. Diego at this time, denounces one Wm Simpson, a man whom Bradshaw had befriended, for having treacherously exposed the Yankee captain's crimes. He says there was some trouble about a deposit of cargo to secure duties, but that it would have been amicably arranged but for Simpson's act.
42. July 12, 1828, gov. to comandantes, alcaldes, and padres. The Franklin is to be detained, if possible, should she dare to enter any port. Dept. St. Pap., MS., ii. 59-60.
43. June 14th, 18th, July 9th, 11th, 12th, 13th, 14th, 16th, 23d, gov.'s communications on the subject. Dept. Rec., MS., vi. 28, 32, 56, 61, 63-8, 72-3. Duhaut-Cilly, Viaggio, ii. 194-200. Further records dated in December respecting the credits, etc., left behind by Bradshaw. Dept. Rec., MS., vi. 53, 150-1, 162. In 1841 a claim for damages was pending before the mixed commission in Washington. Vallejo, Doc., MS., x. 131. On this affair of the Franklin, as in several other matters, the testimony of James O. Pattie, who was at S. Diego at the time, has to be noticed separately, since his statements are of such a peculiar character that they can neither be omitted nor used with other evidence in building up my narrative. (See next chapter for notice of Pattie's book.) Bradshaw and Perkins were at S. Diego in March and April, and tried to aid Pattie, partly as a countryman, and partly in the hope to get some furs which the trappers had left on the Colorado. Bradshaw employed Pattie as a translator, securing his occasional release for that purpose. In April or May he made a trip in his vessel to Monterey. June 27th, his vessel was seized for smuggling. In the following examination of officers and crew Pattie served as interpreter ('Dice el Americano James Ohio Pettis, que sirvió de intérprete á dicho capitan, dice que supo tenia este el propósito de largarse furtivamente y de hacer fuego sobre la guarnicion si impedir su salida.' Dept. Rec., MS., vi. 73), and was requested by Capt. B. 'to make the testimonies of his crew as nearly correspond and substantiate each other as possible; for some of them were angry with him, and would strive to give testimony calculated to condemn him. I assured him I would do anything to serve him that I could in honor'! The taking of depositions was completed 28th (Bradshaw had really sailed on July 16th). Capt. B. told Pattie of his intention to run out if the vessel were condemned, and offered him a passage on the Franklin. In September Bradshaw was ordered to land his cargo, but refused. Pattie was again employed as interpreter; and warned the captain and supercargo on Sept. 11th of a plan he had overheard to arrest them, thus enabling them to escape on board. A few days later he slipped anchor and ran out of the port under a heavy shower of cannon-balls from the fort. 'When he came opposite it he hove to and gave them a broadside in return, which frightened the poor engineers away from their guns. His escape was made without suffering any serious injury. Their (three?) shots entered the hull of the vessel, and the sails were considerably cut up by the grape.' Pattie's Narr., 179, 183, 189-201.
44. Vallejo, Hist. Cal., MS., ii. 60-1. It is said to have been Lawlor's practice to hide about seven eighths of his cargo at some out-of-the-way spot on the coast or islands, and come to port with one eighth to get permission to trade.
45. Oct. 28, Nov. 5, 1828, gov. to Argüello. Dept. Rec., MS., vi. 121-2, 124. Nov 6th. Id. to to Virmond, to charter the María Ester. Id., 129. Dec. 1st, Id. to Lawlor. Id., 147. Dec. 13th (3d?), Id. to Id., ordering him to pay duties and break up the island establishment. Id., xix. 157. Dec. 5th, Id. to Id., arguing the case, with substance of Lawlor's communication. It seems that Lawlor pretended not to have been captain at the time of the S. Pedro transaction. Id., vi. 149. Dec. 9th, receipt in full for duties. Id., 154. Jan. 8th, 1829, gov. warns Lawlor to quit the coast. Id., vii. 54.
46. See list at end of this chapter. The vessels of 1829 were the Alvins (?), American (?), Andes, Ann (?), Baikal, Brookline, Dhaulle, Franklin, Funchal, Indian (?), James Coleman (?), Jóven Angustias, Kiahkta, María Ester, Okhotsk, Planet, Rosalía, Sta Bárbara, Susana (?), Tamaahmaah, Thomas Nowlan, Trident, Volunteer, Vulture, Warren, Washington, Waverly, Wilmington; also a Hawaiian schooner not named, Wm Aralon master, at S. Pedro in September. According to the Honolulu Friend, ii. 49-50, 4 vessels had arrived from Cal. in 1827, 5 in 1828, but none in 1829; 2 in 1830.
47. Custom-house records seem to make the total receipts at S. Diego $117,267 for the year. Dept. St. Pap., Ben. Cust.-H., MS., i. passim. Total revenue at S. Francisco to May 31st, $1,177; at San Diego, $2,000. In December for S. F., $1,264; for S. Diego in August, $826. Dept. St. Pap., Ben. Mil., lxix. 27-9. Gale states in a letter to Cooper, of May 10th, that the duties on the Brookline's cargo were $31,000, of which $26,000 have been paid. Vallejo, Doc., xxix. 354.
48. Gov.'s instructions of various dates. Dept. Rec., MS., vii. 14, 81, 100-1, 116; Dept. St. Pap., MS., ii. 94-5. July 29th, min. of hacienda on the details of clearing national vessels for the coasting trade. Vallejo, Doc. Hist. Cal., MS., i. 180.
49. St. Pap., Sac., MS., xix. 46-7. Rather strangely, Gen. Vallejo, not only in his Hist. Cal., but as early as 1837, Exposicion, MS., 5-6; Doc. Hist. Cal., MS., iv. 290, represents the regular custom-house as having been established at S. Diego, and not at Monterey; but there is abundant evidence to the contrary in contemporary documents. April 4, 1829, sup. govt allows state authorities to appoint customs visitadores at S4.50 per day on federal account. Arrillaga, Recop., 1829, 56-7 July 20th, Mex. custom-house regulations. Id., 1833, 562-6. Sept. 29th, regulations on ships' manifests, etc. Id., 1829, 245-9. Sept. 30th, decree ordering the establishment of a maritime custom-house in Alta California, under a visitador, subject to the com. gen. de Occidente. The president has appointed Rafael Gonzalez administrator; Jimeno Casarin as contador; Francisco Pacheco, comandante of the guard; and Mauricio Gonzalez, guarda, at salaries of $1,000, $800, and $450. Id., 1829, 249-51; Doblan and Lozano, Leg. Mex., ii. 175-6; Mexico, Mem. Hac., 1831, annex 9, p. 48.
50. July 17, 1829, José María Lista, S. Blas, to captain of the port of Monterey. Dept. St. Pap., MS., ii. 94.
51. Robinson's Statement, MS., 2-6, in which the writer gives many interesting items about the methods of trade in those days. Robinson's Life in California, 7-14, where the author speaks of the affair of the Franklin as having complicated matters by exasperating the authorities. Mention of arrival and movements of the Brookline, permission to trade, etc., in Dept. Rec., MS., vii. 100, 116, 158, 191; Vallejo, Doc., MS., i. 176; xxix. 316; Dept. St. Pap., Ben. Pref. y Juzg., MS., i. 22; Waverly, Voy., MS.
52. April 28, 1829, Echcandía's instructions to Estudillo and the guard. All trading was to be done on board. Estudillo, Doc., MS, i. 240; Dept. Rec., vii. 138-9. July 13th, E. to com. of Monterey, on the privileges granted to Gale and the precautions taken. Dept. St. Pap., MS., ii. 95-6. Sept. 12th, Gale allowed to cut wood. Vallejo, Doc., MS., xxix. 412. Mar. 28th, Gale announces the plan to Cooper. Id., 336.
53. Gale's letters, chiefly to Cooper, in Vallejo, Doc., MS., xxix. 325, 331, 336, 353, 354, 383, 400, 412, 434, 444. Feb. 22d, will begin to kill bullocks to-morrow. Wishes Cooper to see Holmes and learn the particulars of the Franklin affair. March 15th, comisario entrapped him into paying $800 tonnage. The governor's license to trade is 'opening the door just enough to catch my fingers and jamb them.' March 28th, wishes his intention to remain trading on the coast to be made public. May 8th, speaks of Hartnell's protested bills. May 10th, is doing a good business. The whalers by smuggling injure legitimate trade. S. Diego is the 'centre of hell for strangers;' suspects underhand work in his duties. Will bring no more American cottons to Cal. Is not allowed to touch at Sta Catalina, and is drinking Monterey water. Complains of Echeandía. July 19th, hopes Cooper will not lose his head in the revolution. Sept. 12th, trade dull. Oct. 6th, will despatch the Brookline sooner than he anticipated. Will pay $25 for large otter skins. Oct. 31st, can undersell Hartnell, even if he can pay duties in his own way. The Franklin business will do harm. Speaks of H.'s protested bills. Does not believe H. honorable enough to pay, or that justice can be got under the present imbecile government. His suspicions of underhand work in appraisement are confirmed. Has raised the anchor left by the Franklin, but had to give it up to prevent trouble. Hopes a new gov. will come soon.
54. Capt. Arther in a note dated South Braintree, Mass., Sept. 24, 1872, in which he regrets his inability to write his recollections of the affair, encloses a clipping from the Boston Advertiser of Jan. 8th. See also mention in S. F. Call, July 8, 1877.
55. Boston Advertiser. It is well enough to regard this as the first raising of the stars and stripes, in the absence of definite evidence to the contrary; though such an event is by no means unlikely to have occurred before.
56. Feb. 1829, investigation by Lieut. Ibarra at Echeandía's order. Dept. St. Pap., Ben. Mil., MS., lxix. 10-13, 25; liii. 99. The min. of war sent the case back on June 13th to be referred to the Guaymas judge. June 1st, Bandini ordered to sell the goods. Gov. says: 'After deducting the duties and 10% due me as judge, you will allow me one half as descubridor and promovedor, and one half of the rest as aprehensor; the remainder you will take for having assisted at the taking'! Dept. Rec., MS., vii. 169. Lang seems to have gone to Mazatlan on the Washington. Vallejo, Doc., MS., xxix. 332. Lang was at S. Diego secretly on Dec. 24, 1828, where he met Pattie the trapper, and told him of his smuggling and otter-hunting purposes. He said he had a boat down the coast, and his brig had gone to the Galipagos for tortoise-shell. Pattie concluded to join Lang, but on going down to Todos Santos a few days later, found that he had been arrested. Pattie's Narr., 208-10.
57. May 8, 1829, Echeandía orders the construction stopped until a proper permit is obtained. Dept. Rec., MS., vii. 166. May 29th, gives the permit. Register must be obtained through the com. of Sta Bárbara. Id., vii. 166. Aug. 12th, grants license for trading for one year. Id., vii. 215-16. May 13th, E. had written to Mex. on the subject. Id., vii. 10. Michael White, California, MS., p. 14-15, says that he built the schooner, with the aid of his cousin Henry Paine, for Capt. Guerra in 1830, out of materials saved from the wreck of the Danube; and that Thomas Robbins commanded her. After finishing this vessel, they built another of 99 tons for S. Gabriel, named the Guadalupe. A note in Robbins' Diary, MS., mentions the building of the Santa Bárbara in 1830, for Carrillo and Dana at La Goleta, or Hill's Rancho. The Danube appears not to have been wrecked until the spring of 1830, but this is not quite certain. In Carrillo (J.), Doc., MS., 25, 27, 32, it is stated that 'José el Americano' (Chapman) was at work on a schooner for P. Sanchez of S. Gabriel in Sept. 1833; and that Guerra resolved to build another from the wreck of the Danube, but gave up the idea at the end of the year.
58. Fitch, Narracion de la Sra vinda del Capitan Enrique D. Fitch, MS., dictated in 1875 by the lady at Healdsburg for my use. Some original papers relating to the marriage are annexed, including an authenticated copy of the marriage certificate.
59. Arch. Sta B., MS., xii. 345. Enrique Domingo Fitch, Domingo being substituted for Delano at baptism, was a son of Beriah and Sarah Fitch of New Bedford. Alf. Domingo Carrillo was godfather.
60. Besides the immediate family, there were present Domingo Carrillo, Capt. Richard Barry, Pio Pico, and Máximo Beristain. Fitch, Causa Criminal, MS., 345.
61. This is the version given by Fitch and his wife in their testimony of the next year. There is another version authorized by the lady herself, Fitch, Narracion, MS., 4, and given by Vallejo, Hist. Cal., MS., ii. 117-22; Vallejo (J. J.), Reminiscencias, MS., 103-7; and Pico, Hist. Cal., MS., 21-4, to the effect that when all was ready and the padre had begun the service, Alf. Domingo Carrillo, aid to the governor, appeared and forbade the marriage in Echeandía's name. It is also more than hinted that Echeandía's motive was jealousy, since the fair Josefa had not shown due appreciation of his own attentions.
62. Both the Vulture and the María Ester, the latter under command of Fitch, were on the coast at the tine and apparently at S. Diego, for it was the piloto of the María Ester who took the lady in his boat. Why Fitch did not sail in his own vessel does not appear; but Mrs Fitch says they went in the Vulture, and the part taken by Capt. Richard Barry in the matter confirms her statement.
63. Aug. 29, 1830, E.'s order to Alf. Nieto to arrest Fitch. Dept. Rec., MS., viii. 98.
64. The objections ​to the marriage certificate – of which I have the authenticated copy made at this trial – were that it was slightly torn and blotted; that it included no statement of the city or church where the ceremony was performed; that the paper was neither legalized before 3 escribanos, nor viséd by the Chilian minister of foreign affairs. Moreover, P. Orrego. not being the curate of the parties, could not marry them without a dispensation from the bishop.
65. Fitch, Causa Criminal seguida, en el Juzgado Eclesiástico y Vicaría Foránea de la Alta California, contra Don Enrique Domingo Fitch, Anglo-Americano, por el matrimonio nulo contraido con Doña Josefa Carrillo, natural de San Diego. Año de 1830, MS. This most interesting collection of over 30 documents, of which I have given a brief résumé, is the original authority on the whole matter. Jan. 9, 1831, Fitch writes from San Gabriel to Capt. Cooper, denying the rumors current at Sta Bárbara that he was doing penance; says P. Sanchez treated him very well, and seemed anxious to let him off as easy as possible. He has had trouble with the parents of Doña Josefa, who abused her, and he will not leave his wife with them. Vallejo, Doc., MS., xxx. 171.
66. See list at end of this chapter. The vessels of 1830 were the Ayacucho, Brookline, Catalina (?), Chalcedony (?), Convoy, Cyrus, Danube, Dryad, Emily,
67. Unsueta, Informe, 1829, doc. 9. Dept. St. Pap., Ben. Cust.-H., MS., i. passim.
68. A few miscellaneous notes of minor importance are as follows: Feb. 19, 1830, one sixth of duties deducted in case of national vessels from foreign ports. Dept. Rec., MS., viii. 22. April 23d, agreement between J. C. Jones, Jr., and Cooper, by which the former is to furnish a vessel under Mexican flag, for coasting trade, collecting furs, otter-hunting, etc., to be carried on by the two in partnership. Vallejo, Doc., MS., i. xxx. 45. Nov. 24th, gov. says the vice-president complains that many vessels becoming nationalized do not comply with the laws requiring officers and one third of the crew to be Mexicans—a necessary formality to reduce the duties. Dept. Rec., MS., viii. 125. Aug. 17th, action of the dip. regulating the duties on timber exported—the proceeds belonging to the propios y arbitrios fund. Leg. Rec., MS., i. 166–7. Mar. 31st, Mex. law on seizure of contraband goods. Arrillaga, Recop., 1831, 227-33. Aug. 24, law on consumption duty on foreign goods. Id., 1831, p. 233–6. Mexicans engaged in taking otter have no duties to pay to national treasury. Two citizens of Sta Bárbara were engaged in the business at the islands. Dept. St. Pap., Ben. Mil., MS., lxxxviii. 4. June 30th, J. B. Lopez allowed to take otter, paying from $1 to $3 per skin to the territorial treasury. Dept. Rec., viii. 52, 130. In June Mancisidor writes to Guerra very discouragingly respecting the prospects of the trade in Cal. hides and tallow. This state of things was largely due to the inferior quality of the Cal. products, resulting from the carelessness of excessive speculation. All dealers suffer, and some will be ruined. Cal. hides bring less than those of Buenos Aires, being too dry and too much stretched. Guerra, Doc., Hist. Cal., MS., vi. 140–1.
69. List of vessels in Californian ports, 1825–30:
    Adam, Amer. ship, 296 tons; Daniel Fallon, master; at S. Francisco in Oct. 1826.
    Alliance, Amer. ship; doubtfully recorded as having arrived at Monterey in Oct. 1826.
    Alvins, doubtful whaler of 1829.
    America, doubtful whaler of 1829.
    Andes, Amer. brig, 122 or 172 tons; Seth Rogers, master; on coast from spring of 1828 (perhaps autumn of 1827) to spring of 1829; paid $430 at