History of California, Volume III, Part 16

Author: Bancroft, Hubert Howe
Publication date: 1885-1890
Publisher: San Francisco, Calif. : The History Company, publishers
Number of Pages: 824


USA > California > History of California, Volume III > Part 16


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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The affair of the Hawaiian brig Karimoko occurred also at San Diego late in the autumn. John Law- lor, 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.


43 June 14th, 18th, July 9th, 11th, 12th, 13th, 14th, 16th, 23d, gov.'s com- munications on the subject. Dept. Rec., MS., vi. 23, 32, 56, 61, 63-8, 72-3. Du- haut-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 Wash- ington. 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 char- acter that they can neither be omitted nor nsed with other evidence in build- ing 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 smug- gling. In the following examination of officers and crew Pattie served as in- terpreter ('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 impedia 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 con- demn him. I assured him I would do anything to serve him that I could in honor'! The taking of depositions was completed July 2Sth (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 oppo- site 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.


41 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


135


LAWLOR'S ADVENTURES.


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 Cata- lina 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 Maria Ester was employed to carry Santiago Argüello as investi- gating 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


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, 121. Nov. 6th. Id. to Virmond, to charter the Maria 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., 134. Jan. Sth, 1829, gov. warns Lawlor to quit the coast. Id., vil. 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, Maria Ester, Ok- hotsk, Planet, Rosalia, Sta Bárbara, Susana (?), Tamaahmaah, Thomas Now- lan, 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, ji. 49-50, 4 vessels had ar- rived from Cal. in 1827, 5 in 1828, but none in 1829; 2 in 1830.


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MARITIME AND COMMERCIAL AFFAIRS.


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 for- eign 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 ex- pense of a guard to remain on board and watch each transaction." 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." 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


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 De- cember for S. F., $1,264; for S. Diego in August, $326. Dept. St. Pap., Ben. Mil., Ixix. 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 Ilist. Cal., but as early as 1837, Exposicion, MS., 5-6; Doc. Hist. Cal., MS., iv. 299, represents the regular custom-house as having been established at S. Diego, and not at Monterey; but there is abundant evidence to the con- trary in contemporary documents. April 4, 1829, sup. govt allows state authorities to appoint customs visitadores at $4.50 per day on federal account. Arrillaga, Recop., 1829, 56-7. July 29th, 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 Occi- dente. The president has appointed Rafael Gonzalez administrator; Jimeno Casarin as contador; Francisco Pacheco, comandante of the guard; and Mau- ricio Gonzalez, guarda, at salaries of $1,000, $800, and $450. Id., 1829, 249- 51; Doblan and Lozano, Leg. Mex., ii. 175-6; Mexico, Mem. HIac., 1831, annex 9, p. 48.


50 July 17, 1829, José María Lista, S. Blas, to captain of the port of Mon- terey. Dept. St. Pap., MS., ii. 94.


137


GALE AND ROBINSON.


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 pio- neer of California at this date living, came in the Brook- line as supercargo's clerk. Gale was disappointed at the restrictions that had been imposed on foreign com- merce 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 uncharita- ble 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 satis- fied with the manner in which he was treated, form- ing an unfavorable opinion of Echeandía's abilities and honesty, and suspecting favoritism toward his business


51 Robinson's Statement, MS., 2-6, in which the writer gives many interest- ing items about the methods of trade in those days. Robinson's Life in C'ali- fornia, 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., MIS.


52 April 28, 1829, Echeandía'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.


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MARITIME AND COMMERCIAL AFFAIRS.


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 au- thority 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 an- swered the purposes of storehouse, curing-shop, and residence. The life was lonesome enough. Upon the wide expanse of the Pacific they occasionally dis- cerned 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 at- tracting 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 fur- nished the red and white. 'It was completed and


53 Gale's letters, chiefly to Cooper, in Vallejo, Doc., MS., xxix. 323, 331, 336, 353, 334, 383, 400, 412, 434, 441. 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 ton- nage. The governor's license to trade is 'opening the door just enough to cateli my fingers and jamb them.' March 28th, wishes his intention to remain trading on the coast to be made public. May Sth, speaks of Hartnell's protested bills. May 10th, is doing a good business. The whalers by smug- gling 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 Echcandia. 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. Docs not believe H. honorable enough to pay, or that justice ean be got under the present imbecile government. His suspicions of underhand work in appraise- ment 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.


51 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. Sth. See also mention in S. F. Call, July 8, 1877.


139


LANG THE SMUGGLER.


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 con- quest, 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 Sand- wich Islands in the Alabama, with the intention of settling somewhere in California. The captives were brought to San Diego; and as Lang's effects, incluel- ing a barrel-organ and two trunks of dry goods, seemed better adapted to smuggling than to coloniza- tion, 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 Barbara. This was a schooner of


55 Boston Adrertiser. 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. 1820, investigation by Lieut. Ibarra at Echeandia's order. Dept. St. Pap., Ben. Mil., MS., Ixix. 10-13, 25; liii. 90. 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 apr hensor; the remainder you will take for having assisted at the taking'! Dept. Rec., MS., vii. 160. 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.


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MARITIME AND COMMERCIAL AFFAIRS.


thirty-three tons, built for Carlos Carrillo and Will- iam G. Dana for the coasting trade and for otter- catching. After certain delays and formalities, Eche- andía 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 par- ents approved the match, and a Dominican friar con- sented to perform the ceremony. It was hoped there would be no interference by either civil or ecclesias- tical authorities, yet a degree of secrecy was observed.


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 Barbara 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 'Jose el Americano' (Chapman) was at work on a schooner for P. Sanchez of S. Gabriel in Sept. 1830; 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., dic- tated 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.


141


THE FITCH ROMANCE.


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.6 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 argu- ments 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 sug- gested Doña Josefa. Captain Barry approved the scheme, and so did Pio Pico, cousin of the lady. The parents were not consulted. Fitch, though some- what cautious on account of his business relations and prospects on the coast, was not a man to require urg- ing. 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


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 Maximo Beristain. Fitch, Causa C'rim- inal, 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, Ilist. Cal., MS., ii. 117-22; Vallejo (J. J.), Reminiscencias, MS., 103-7; and Pico, Ilist. 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 Echcandia's name. It is also more than hinted that Echcandia's motive was jealousy, since the fair Josefa had not shown due appreciation of his own attentions.


62 Both the Vulture and the Maria Ester, the latter under command of Fitch, were on the coast at the time and apparently at S. Diego, for it was the pi'oto of the Maria 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


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MARITIME AND COMMERCIAL AFFAIRS.


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 scan- dalized. Next year, however, Fitch made his appear- ance 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 ex- ecuted by Echeandía at the end of August on the ar- rival 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 ruin- ous 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 Palo- mares, to whom as fiscal Padre Sanchez submitted this request, gave a radical report against Fitch Septem- ber 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


the Vulture, and the part taken by Capt. Richard Barry in the matter con- firms her statement.


"" Aug. 29, 1830, E.'s order to Alf. Nieto to arrest Fitch. Dept. Rec., MS., viii. 9S.


1.43


A RUNAWAY MATCH.


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, arriv- ing 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 Echeandía's conduct, thought it best, in view of the critical con- dition of affairs and the nearness of the time when Victoria was to take command, not to attempt the governor's arrest.




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