Historical and biographical record of southern California; containing a history of southern California from its earliest settlement to the opening year of the twentieth century, Part 13

Author: Guinn, James Miller, 1834-1918
Publication date: 1902
Publisher: Chicago, Chapman pub. co.
Number of Pages: 1366

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"Micheltorena discovered (how I do not know) that his Americans had abandoned him. About an hour afterwards lie raised his camp and flanked us by going further into the valley towards San Fernando, then marching as though he intended to come around the bend of the river to the city. The Californians and we foreigners at once broke up our camp and came

*Sutter had under his command a company of In- dians. He had drilled these in the use of firearms. The employing of these savages by Micheltorena was bitterly resented by the Californians.

+Pub. Historical Society of Southern California. Vol. 3.

HISTORICAL AND BIOGRAPHICAL RECORD.

back through the Cahuenga Pass, marched through the gap into the Feliz ranch, on the Los Angeles river, till we came into close proximity to Micheltorena's camp. It was now night, as it was dark when we broke up our camp. Here we waited for daylight, and some of our men commenced maneuvering for a fight with the enemy. A few cannon shots were fired, when a white flag was discovered flying from Michel- torena's front. The whole matter then went into the hands of negotiators appointed by both par- ties and the terms of surrender were agreed Itpon, one of which was that Micheltorena and his obnoxious officers and men were to march back up the river to the Cahuenga Pass, then down to the plain to the west of Los Angeles, the most direct line to San Pedro, and embark at that point on a vessel then anchored there to carry them back to Mexico." Sutter was taken prisoner, and his Indians, after being corralled for a time, were sent back to the Sacramento.

The roar of the battle of Cahuenga or "The Alamo," as it is sometimes called, could be dis- tinctly heard in Los Angeles, and the people remaining in the city . were greatly alarmed. William Heath Davis, in his "Sixty Years in California," thus describes the alarm in the town : "Directly to the north of the town was a high hill" (now known as Mt. Lookout). "As soon as firing was heard all the people remain- ing in the town-men, women and children- ran to the top of this hill. As the wind was blowing from the north the firing was distinctly heard, five leagues away, on the battlefield, throughout the day. All business places in town were closed. The scene on the hill was a re- markable one-women and children, with crosses in their hands, kneeling and praying to the saints for the safety of their fathers, brothers, sons, husbands, lovers, cousins-that they might not be killed in the battle; indifferent to their personal appearance, tears streaming from their eyes, and their hair blown about by the wind, which had increased to quite a breeze. Don Abel Stearns, myself and others tried to calm and pacify them, assuring them that there was probably no danger ; somewhat against our con- victions, it is true, judging from what we heard of the firing and from our knowledge of Michel- torena's disciplined force, his battery, and the riflemen he had with him. During the day the scene on the hill continued. The night that fol- lowed was a gloomy one, caused by the lamenta- tions of the women and children."

Davis, who was supercargo on the "Don Quixote," the vessel on which Micheltorena and his soldiers were shipped to Mexico, claims that the general "had ordered his command not to injure the Californians in the force opposed to

him, but to fire over their heads, as he had no desire to kill them."

Another Mexican-born governor had been de- posed and deported-gone to join his fellows- Victoria, Chico and Gutierrez. In accordance with the treaty of Caluenga and by virtue of his rank as senior member of the Departmental Assembly, Pio Pico became governor. The hijos del pais were once more in the ascendency. José Castro was made comandante-general. Alva- rado was given charge of the custom house at Monterey, and José Antonio Carrillo was ap- pointed commander of the military district of the south. Los Angeles was made the capital, although the archives and the treasury remained in Monterey. The revolution apparently had been a success. In the proceedings of the Los Angeles ayuntamiento, March 1, 1845, appears this record: "The agreements entered into at Cahuenga between General Emanuel Michel- torena and Lieut .- Col. José Castro were then read and as they contain a happy termination of affairs in favor of the government this Illus- trious Body listened with satisfaction and so answered the communication."

The people joined with the ayuntamiento in expressing their "satisfaction" that a "happy termination" had been reached of the political disturbances that had distracted the country. But the end was not yet. Pico did his best to conciliate the conflicting elements, but the old sectional jealousies that had divided the people of the territory would crop out. José Antonio Carrillo, the Machiaveli of the south, hated Castro and Alvarado, and was jealous of Pico's good fortune. He was the superior of any of them in ability, but made himself unpopular by his intrigues and his sarcastic speech. When Castro and Alvarado came south to raise the standard of revolt they tried to win him over. He did assist them. He was willing enough to plot against Micheltorena, but after the over- throw of the Mexican he was equally ready to plot against Pico and Castro. In the summer of 1845 he was implicated in a plot to depose Pico, who, by the way, was his brother-in-law. Pico placed him and two of his fellow conspir- ators, Serbulo and Hilario Varela, under arrest. Carrillo and Hilario Varela were shipped to Mazatlan to be tried for their misdeeds. Serbulo Varela made his escape from prison. The two exiles returned early in 1846 unpunished and ready for new plots ..

Pico was appointed "Gobernador Propie- tario," or Constitutional Governor of California, September 3, 1845, by President Herrera. The Supreme Government of Mexico never seemed to take offense or harbor resentment against the Californians for deposing and sending home a

IHISTORICAL AND BIOGRAPHICAL RECORD.

governor. As the officials of the Supreme Government usually obtained office by revolu- tion, they no doubt had a fellow feeling for the revolting Californians. When Micheltorena re- turned to Mexico he was coldly received and a commissioner was sent to Pico with dispatches virtually approving all that had been done.

Castro, too, gave Pico a great deal of uneasi- ness. He ignored the governor and managed the military affairs of the territory to suit him- self. His headquarters were at Monterey and doubtless he had the sympathy if not the en- couragement of the people of the north in his course. But the cause of the greatest uneasi- ness was the increasing immigration from the United States. A stream of immigrants from the western states, increasing each year, poured down the Sierra Nevadas and spread over the rich valleys of California. The Californians rec- ognized that through the advent of these "for- eign adventurers," as they were called, the "manifest destiny" of California was to be ab- sorbed by the United States. Alvarado had ap-

pealed to Mexico for men and arms and had been answered by the arrival of Micheltorena and his cholos. Pico appealed and for a time the Californians were cheered by the prospect of aid. In the summer of 1845 a force of 600 veteran soldiers, under command of Colonel Iniestra, reached Acapulco, where ships were ly- ing to take them to California, but a revolution broke out in Mexico and the troops destined for the defense of California were used to overthrow President Herrera and to seat Paredes. Cali- fornia was left to work out her own destiny un- aided or drift with the tide-and she drifted.

In the early months of 1846 there was a rapid succession of important events in her history, each in passing bearing her near and nearer to a manifest destiny-the downfall of Mexican domination in California. These will be pre- sented fully in the chapter on the Acquisition of California by the United States. But before taking up these we will turn aside to review life in California in the olden time under Spanish and Mexican rule.

CHAPTER XIV.

MUNICIPAL GOVERNMENT-MUY ILUSTRE AYUNTAMIENTO.

H OW were the municipalities or town cor- porations in California governed under Spanish and Mexican rule? Very few, I presume, of its present inhabitants have ex- amined into the local governmental systems prevailing before it became a possession of the United States ; and yet this is an important ques- tion. The original titles to many a broad acre of our fertile valleys and to many a league of the pueblo lands of some of our cities date away back to the time when Spanish kings or Mexi- can presidents swayed the destinies of Cali- fornia.

There is a vague impression in the minds of many, derived, perhaps, from Dana's "Two Years Before the Mast" and kindred works or from tales and reminiscences of pioneers who came here after the discovery of gold, that Cali- fornia had very little government in the olden days; that it was largely given over to anarchy and revolution ; that life was unsafe in it and murder a common occurrence. Such impres- sions are as false as they are unjust. There were but comparatively few capital crimes com- mitted in California under Spanish domination or under Mexican rule.

The era of crime in California began with the discovery of gold. There were no Joaquin Mur-

retas or Tiburcio Vasquezes before the "days of gold," the days of "49." It is true, there were a number of revolutions during the Mexican régime, and California had a surplus of gover- nors at times, but these revolutions were for the most part bloodless affairs. In the half a dozen or more political uprisings occurring in the fif- teen years preceding the American conquest and resulting in four so-called battles, there were in all but three men killed and five or six wounded.

While there were political disturbances in the territory and several governors were deposed by force and shipped back to Mexico whence they came, the municipal governments were well ad- ministered. I doubt whether the municipalities of Los Angeles, San Diego and Santa Barbara have ever been governed better or more eco- nomically under American rule than they were during the years that their Most Illustrious Ayuntamientos controlled the civil affairs of these towns.

There were three ayuntamientos or municipal councils in Southern California at the time of the American conquest-those of Los Angeles, San Diego and Santa Barbara. The latter two were of recent origin. The records of the Los An- geles ayuntamiento from 1828 down to the American occupation of California have been

HISTORICAL AND BIOGRAPHICAL RECORD.

preserved. They furnish us the best illustration that we have of the workings of a municipal government under Mexican rule. Therefore in giving a sketch of local government in Cali- fornia under Spain and Mexico I shall draw my information largely from them.

Los Angeles had an ayuntamiento, under Spanish rule, organized in the first years of her existence, but it had very little power. The ayuntamiento at first consisted of an alcalde (mayor) and two regidores (councilmen). Over them was a quasi-military officer, called a com- isionado, a sort of petty dictator or military des- pot, who, when occasion required, or his inclina- tion moved him, embodied within himself all three departments of the government-judiciary, legislative and executive. After Mexico became a republic the office of comisionado was abolished. The membership of the Most Illustrious Ayuntamiento of Los Angeles was gradually increased, until, 'at the height of its power in the '3os, it consisted of a first alcalde, a second alcalde, six regidores (councilmen), a secretary and a sin- dico, or syndic, as the pueblo archives have it. The sindico seems to have been a general utility man. He acted as city attorney, tax and license collector and treasurer. The alcalde was presi- dent of the council, and acted as judge of the first instance and as mayor. The second alcalde took the place of the first when that offi- cer was ill or absent ; or, as sometimes happened, when he was a political prisoner in durance vile. The regidores were numbered from one to six and took rank according to number. The secre- tary was an important officer ; he kept the rec- ords and was the only paid member except the sindico, who received a commission on his col- lections.

At the beginning of the year 1840 the ayunta- mientos in California were abolished by a decree of the Mexican congress, none of the towns hav- ing the population required by the decree. In January, 1844, the ayuntamiento of Los Angeles was re-established. During the abolition of the municipal councils the towns were governed by prefects and justices of the peace, and the special laws, or ordinances, were enacted by the depart- mental assembly. Much valuable local history was lost by the discontinuance of the ayunta- mientos from 1840 to 1844. The records of the ayuntamientos are rich in historical material.

The jurisdiction of the ayuntamiento of Los Angeles, after the secularization of the missions, extended from the southern limits of San Juan Capistrano to and including San Fernando on the north and eastward to the San Bernardino mountains, extending over an area now com- prised in' four counties and covering a territory

as large as the state of Massachusetts. Its au- thority was as extensive as its jurisdiction. It granted town lots and recommended to the gov- ernor grants of lands from the public domain. In addition to passing ordinances for the gov- ernment of the pueblo, its members sometimes acted as executive officers to enforce them. It contained within itself the powers of a board of health, a board of education, a police commis- sion and a street department. During the Civil war between Northern and Southern California in 1837-38, it raised and equipped an army and assumed the right to govern the southern half of the territory. The members served without pay, but if a member was absent from a meeting without a good excuse he was fined $3. The sessions were conducted with great dignity and decorum. The members were required to attend their public functions "attired in black apparel so as to add solemnity to the meetings."

The ayuntamiento was spoken of as "Most Illustrious," in the same sense that we speak of the Honorable City Council, but it was a much more dignified body than a city council. Tak- ing the oath of office was a solemn and impres- sive affair. The junior regidor and the secretary introduced the member to be sworn. "When," the rules say, "he shall kneel before a crucifix placed on a table or dais, with his right hand on the Holy Bible, then all the members of the ayuntamiento shall rise and remain standing with bowed heads while the secretary reads the form of oath prescribed by law, and on the mem- ber saying, 'I swear to do,' etc., the president will answer, 'If thou so doest God will reward thee; if thou dost not, may He call thee to ac- count.' "

As there was no pay in the office, and its duties were numerous and onerous, there was not a large crop of aspirants for councilmen in those days, and the office usually sought the man. It might be added, that when it caught the right man it was loath to let go of him.

The tribulations that befell Francisco Pantoja well illustrate the difficulty of resigning in the days when office sought the man; not the man the office. Pantoja was elected fourth regidor of the ayuntamiento of 1837. In those days wild horses were very numerous; when the pasture in the foothills was exhausted they came down into the valleys and ate up the feed needed for the cattle. On this account, and because most of these wild horses were worthless, the ranch- eros slaughtered then. A large and strong cor- ral was built, with wings extending out on the right and left from the main entrance. When the corral was completed a day was set for a wild horse drive. The bands were rounded up and driven into the corral. The pick of the ca-

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HISTORICAL AND BIOGRAPHICAL RECORD.

balladas were lassoed and taken out to be broken to the saddle and the refuse of the bands killed. The Vejars had obtained permission from the ayuntamiento to build a corral between the Cer- ritos and the Salinas for the purpose of corral- ing wild horses for slaughter; and Tomas Tala- mantes made a similar request to build a corral on the Sierra San Pedro. Permission was grant- ed, the corrals were built, and a time was ap- pointed for a wild horse rodeo.

Pantoja, being something of a sport, peti- tioned his fellow regidores for a twenty days' leave of absence to join in the wild horse chase. After considerable debate leave was granted lim. A wild horse chase was wild sport and danger- ous, too. Somebody was sure to get hurt, and Pantoja, in this one, was one of the unfortunates. When his twenty days' leave of absence was up Pantoja did not return to his duties of regidor, but, instead, sent his resignation on the plea of illness. The president of the ayuntamiento re- fused to accept his resignation and appointed a committee to hold an investigation on his phys- ical condition. There were no physicians in Los Angeles then, so the committee took along San- tiago McKinley, a canny Scotch merchant, who was reputed to have some knowledge of surgery. The committee and the improvised surgeon held an ante-mortem inquest on what remained of Pantoja. The committee reported to the council that he was a physical wreck; that he could not mount a horse, nor ride one when mounted. A native Californian who had reached such a state of physical dilapidation that he could not mount a horse might well be excused from official duties. But there was danger of establishing a precedent. The ayuntamiento heard the report, pondered over it, and then sent it and the resig- nation to the governor. He took them under advisement, and, after a long delay, accepted the resignation. In the meantime Pantoja's term had expired by limitation and he had recovered from his fall.

Notwithstanding the great dignity and for- mality of the old-time regidores, they were not like some of our modern councilmen-above seeking advice of their constituents; nor did they assume superior airs as some of our par- venu statesmen do. There was, in their legisla- tive system, an upper house, or court of last ap- peal, and that was the people themselves. When there was a deadlock in their council, or when some question of great importance to the com- munity came before them and they were divided as to what was best to do, or when some crafty politician was attempting to sway their decision so as to obtain personal gain at the expense of the community, then the alarma publica, or the "public alarm," was sounded by the beating of

the long roll on the drum, and the citizens were summoned to the hall of sessions, and anyone hearing the alarm and not heeding it was fined $3. When the citizens were convened the presi- dent of the ayuntamiento, speaking in a loud voice, stated the question and the people were given "public speech." Everyone had an op- portunity to make a speech. Rivers of eloquence flowed, and, when all who wished to speak had had their say, the question was decided by a show of hands. The majority ruled, and all went home happy to think the country was safe and they had helped save it.

Some of the ordinances for the government of Los Angeles, passed by the old regidores, werc quaint and amusing, and illustrate the primitive modes of life and thought sixty and seventy years ago.

The regidores were particularly severe on the idle and improvident. The "Weary Willies" of that day were 'compelled to tramp very much as they are to-day. Ordinance No. 4, adopted Jan- uary 28, 1838, reads : "Every person not having any apparent occupation in this city, or its juris- diction, is hereby ordered to look for work within three days, counting from the day this ordinance is published; if not complied with he will be fined $2 for the first offense, $4 for the second offense, and will be given compulsory work for the third."

If the tramp only kept looking for work, but was careful not to find it, it seems, from the reading of the ordinance, there could be no of- fense, and consequently no fines nor compulsory work for the "Weary Willie."

The ayuntamiento of 1844 passed this ordi- nance: "Article 2. All persons without occu- pation or known manner of living, shall be deemed to come under the law of vagabonds. and shall be punished as the law dictates."

The ayuntamiento ordered a census of the vagabonds. The census report showed 22 vaga- bonds-eight genuine vags and fourteen ordi- nary ones. It is to be regretted that regidores did not define the difference between a genuine and an ordinary vagabond.

The regidores regulated the social conditions of the people. "Article 19. A license of $2 shall be paid for all dances except marriage dances, for which permission shall be obtained from the judges of the city."

Here is a trades union regulation more than a half century old :

. "Article 7. All grocery, clothing and liquor houses are prohibited from employing any class of servants foreign to the business without pre- vious verbal or written stipulations from their former employers. Anyone acting contrary to

HISTORICAL AND BIOGRAPHICAL RECORD.

the above shall forfeit all right to claim re-im- bursement."

Occasionally the regidores had lists of impe- cunious debtors and dead beats made out and published, and the merchants were warned not to give these fellows credit.

Sometimes the ayuntamiento promulgated le- gal restrictions against the pastime and pleasures of the people that seem to be almost as austere as were the old blue laws of Connecticut.

Ordinance 5 (passed January 20, 1838) : "All individuals serenading promiscuously around the streets of the city at night without first hav- ing obtained permission from the alcalde, will be fined $1.50 for the first offense, $3 for the sec- ond, and for the third punished according to law."

Ordinance 6 (same date) : "Every individual giving a dance at his house, or at any other house, without first having obtained permission from the alcalde, will be fined $5 for the first offense, and for the second and third punished according to law."

What the penalty of "punished according to law" was the ordinances do not define. It is safe to say that any serenader who had suffered for a first and second offense without law, was not anxious to experience a punishment "according to law" for the third.

The old pueblo had its periodical smallpox scares. Then the regidores had to act as a board of health and enforce their hygienic regulations ; there were no physicians in the town then. In 1844 the disease became epidemic and the ayun- tamiento issued a proclamation to the people and formulated a long list of hygienic rules to be observed. The object of the proclamation seemed to be to paint the horrors of the plague in such vivid colors that the people would be frightened into observing the council's rules. The proclamation and the rules were ordered read by guards at the door of each house and before the Indian huts. I give a portion of the proclamation and a few of the rules :

"That destructive power of the Almighty, which occasionally punishes man for his numer- ous faults, destroys not only kingdoms, cities and towns, leaving many persons in orphanage and devoid of protection, but goes forth with an exterminating hand and preys upon science, art and agriculture-this terrible plague threatens this unfortunate department of the grand Mexi- can nation, and seems more fearful by reason of the small population, which cannot fill one-twen- tieth part of its territory. What would become of her if this eminently philanthropic ayunta- miento had not provided a remedy partly to counteract these ills? It would bereave the town

of the arms dedicated to agriculture (the only industry of the country), which would cease to be useful, and, in consequence, misery would prevail among the rest. The present ayunta- miento is deserving of praise, as it is the first to take steps beneficial to the community and the country."

Among the hygienic rules were orders to the people to refrain from "eating peppers and spices which stimulate the blood;" "to wash all salted meats before using;" "all residents in good health to bathe and cleanse themselves once in eight days;" "to burn sulphur on a hot iron in their houses for fumigation." "Saloon-keepers shall not allow gatherings of inebriates in their saloons, and all travelers on inland roads must halt at the distance of four leagues from the towns and wash their clothes."

The alcaldes' powers were as unlimited as those of the ayuntamiento. They judged all kinds of cases and settled all manner of disputes. There were no lawyers to worry the judges and no juries to subvert justice and common sense by anomalous verdicts. Sometimes the alcalde was judge, jury and executioner, all in one. In the proceedings of the ayuntamiento of Los An- geles, March 6, 1837, José Sepulveda, second al- calde, informed the members "That the prison- ers, Juliano and Timoteo, had confessed to the murder of Ygnacio Ortega, which was deliber- ated and premeditated." "He had decided to sentence them to capital punishment and also to execute them to-morrow, it being a holiday when the neighborhood assembles in town. He asked the members of the Illustrious Ayuntamiento to express their opinion in the matter, which they did, and all were of the same opinion. Señor Sepulveda said he had already solicited the ser- vices of the Rev. Father at San Gabriel, so that he may come to-day and administer spiritual consolation to the prisoners."

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Historical and biographical record of southern California; containing a history of southern California from its earliest settlement to the opening year of the twentieth century, Part 13

Author: Guinn, James Miller, 1834-1918 Publication date: 1902 Publisher: Chicago, Chapman pub. co. Number of Pages: 1366

Author: Guinn, James Miller, 1834-1918
Publication date: 1902
Publisher: Chicago, Chapman pub. co.
Number of Pages: 1366