the place of a deceased friend, and his Spanish birth — for declining the command, he at last yielded to the decision of a council of war and accepted the office on the 8th of October.[1]
Castro was in reality third vocal in rank of seniority, though the oldest who had been present in the sessions of this year. José Antonio Carrillo was in Mexico, but José Antonio Estudillo was at San Diego, being excused on account of illness. To him doubtless the gefatura belonged, unless so ill as to be unable to perform the duties. The ayuntamiento of San Diego took this view of the matter at the session of September 21st, held on receipt of the circular of August 29th, and sent a corresponding protest. This would seem an excellent foundation for a quarrel; but the records are vague respecting subsequent developments. Estudillo's claims were never allowed, apparently never even considered at the capital, and were abandoned soon by himself and friends. Possibly he was really too ill to take the office; and it is also possible that, as Bandini states, Castro turned over the office to the comandante general without much objection early the next year to avoid turning it over to Estudillo.[2] Castro at any rate assumed the
- ↑ Oct. 8, 1835, Gutierrez to Castro, to comandantes, and to ayuntamientos. Dept. St. Pap., MS., iv. 56-8; Id., Ben. Com. and Treas., iii. 70-81; Id., S. José, v. 1-2; S. Diego, Arch., MS., 56-8; Hayes' Doc. Hist. Cal., MS., 31. Oct. 9th, order in the garrison order-book for Gutierrez to be recognized, signed by Capt. Muñoz. Dept. St. Pap., Ben. Mil., MS., lxxx. 22.
- ↑ Sept. 21, 1831, action of ayuntamiento in favor of Estudillo. S. Diego, Arch., MS., 56-7; Hayes' Doc., MS., 29; Dept. St. Pap., Pref. y Juzg., MS., iii. 34; Oct. 10th, Castro to alcalde of S. Diego, complaining that no answer had been received to the circular of Aug. 29th, which had conveyed the information of his appointment 'on account of the absence and sickness of the vocal to whom it belonged.' (There had been nothing of the kind in the circular.) He had heard that there was some difficulty at S. Diego about recognizing him (he must naturally have seen the protest of Sept. 21st, sent to Figueroa), and asks for information without delay. S. Diego, Arch., MS., 61. In S. Diego, Index, MS., 15, allusion is made to a reply of the ayunt. sustaining E's claims. Oct. 15th, communications from E. and from the ayunt. were received by the dip. and referred to a committee; but there is no record of discussion or of results. Leg. Rec., MS., ii. 222-4. In Savage, Doc., MS, 42-4, is an undated record or argument on the subject, apparently emanating from Bandini, in which Castro's arguments are referred to, thus implying that there had been a correspondence and refusal by Castro. At the same session the payment of Castro's salary was authorized at $3,000 per year. Jan. 22,
