History of California, Volume III, Part 20

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

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171

PATTIE'S BOOK.

lin), Pryor, and Cooper, in which he explains that ' Kernal' Butler had been able to give no satisfaction, but had advised him to seek redress from the Presi- dent of the United States. The adventurer reached New Orleans in August, and proceeding up the Mis- sissippi, was soon introduced to Rev. Timothy Flint, who was to make his name and fame more or less ini- mortal.44

I have thus presented, with fairness I think, the sub- stance and spirit of Pattie's narrative, though obliged to omit many details, making no pretension to point out minor errors, and perhaps failing to give a full idea of the writer's bitter feelings toward his oppressors. The subject is entitled to the space I have given it, on account of the extraordinary nature of the adventures recounted, the early date of the visit to California, the extent of the author's travels in the territory, the fame of his book, and the accuracy of many of his statements. Yet from the spirit of the narrative, from the numer- ous erroneous statements, and from my knowledge of Echeandía's character, I have no hesitation in pro- nouncing Pattie's complaints of ill treatment grossly exaggerated. This opinion is confirmed by those of the company who remained in the country. Enter- ing the territory without passports, the hunters were, according to the unwise policy of Mexican laws, liable to arrest. Presidio fare, and especially prison fare, in California at that time, was even less congenial to American hunters than was the narrow spirit of Span- ish policy. Naturally they were disappointed at their reception, and disgusted with their situation, but they were not probably made the victims of any special oppression. James O. Pattie was, however, a self- conceited and quick-tempered boy, with a freedom of

44 Letter in Vallejo, Doc., xxx. 85. In 1883 a man whose name I cannot recall, apparently trustworthy, while visiting my Library, stated that his wife was a niece of Pattie, and that the latter had spent some time at her residence in San Diego in late years, or at least since 1850. The man promised to ob- tain from his wife a more definite statement on the subject, but I have not received it.

172

OVERLAND-SMITH AND PATTIE-FOREIGNERS.

speech often amounting to insolence, and unlimited ability to make himself disagreeable. How far these peculiarities, and the young man's connection with the smuggling operations of Bradshaw and Lang, may have provoked Echeandía to the infliction of special penalties, I cannot say.

Thomas L. Smith, commonly called 'Peg-leg' Smith -a well known character in many parts of California, but chiefly in later times, who died in a San Francisco hospital in 1866-was one of the famous trappers and Indian-fighters of this early epoch. He was at times a companion of Jedediah Smith, and was the hero of many wild adventures in various parts of the great interior; but very few of his early exploits have ever been recorded with even approximate accuracy of time or place. He owes his position on this page to a re- port that he came to California in 1829, a report that I have not been able to trace to any reliable source.45 Engaged in trapping in the Utah regions, he came to California to dispose of his furs. He was ordered out of the country, and departed, he and his companion taking with them, however, a band of three or four hundred horses, in spite of efforts of the Californians to prevent the act. Some accounts say that be visited the country repeatedly in those early years, and we shall find archive evidence of his presence a little later, acting with the horse-thieves of the Tulares, and known as 'El Cojo Smit.' 46

In the spring of 1828 the Mexican government granted to Richard Exter and Julian Wilson47 a pro-

45 The story is told in many newspaper biographical sketches published at the time of Smith's death. I have before me the S. F. Bulletin, Oct. 26, 1860; Nevada Daily Gazette, Oct. 25, 1866; and others in Hayes' Scraps, Cal. Notes, ii. 309-12.

46 As an item which I am unable to connect with any of the expeditions particularly accredited to this period, I may notice a record of Nov. 6, 1829, that five deserters from Upper California were captured on the frontier of the peninsula, one of whom, an Englishman, stabbed a neophyte, and was shot by another. St. Pap., Sac., MS., xiv. 10-11.

47 Exter, of Exter, Graves, & Co., Mexico, was connected with the General

173

EXTER AND WILSON.

visional license to hunt and trap in New Mexico and California, as well as on the coasts for sea-otter. They had asked for an exclusive privilege, which proposition was reserved for consideration by congress. The ob- ject in view was to derive a revenue from the territo- rial wealth of furs, and by a contract with these for- eigners to prevent the constantly increasing clandestine operations of other foreigners, whom no revenue laws could control. The idea was a good one. Such a con- tract with a responsible and powerful company was perhaps the only means by which Mexico could par- tially protect her interests in this direction; but there may be some doubt whether Exter and Wilson pos- sessed the requisite qualifications, since little is known about them. It does not appear that the exclusive privilege was ever conceded,43 and nothing was ever done under the provisional permit. Vallejo and Alva- rado say that there was a strong feeling in California against the scheme, and that when the two men came to the country in 1829, strutting up and down as if they owned it, Echeandía refused to recognize their authority, and they went away in disgust.43

In January 1830 a small party-of Mexicans ap- parently-came from New Mexico to Los Angeles under the leadership of José Antonio Vaca; but of their purposes and adventures we know nothing from the fragmentary records.50 A somewhat better known

Pearl and Coral Fishing Association of London, and there are several letters from him to Hartnell, dated 1827, and not referring to the fur business, in Vallejo, Doc., MS., xxix. 153-4, 163.

3 April 28, 1828, provisional license granted. Hunting parties must be made up of at least two thirds Mexican citizens. Mexico, Mem. Rel., 1829, p. 22. Aug. 7th, the comisario communicates the concession to Herrera. Exact accounts must be kept of number, size, and quality of skins. Dept. St. Pap., Ben. Com. and Treas., MS., i. 106. Dec. 23, 1828, gov. amiounces the license in Cal., and says that the parties will be allowed to catch otter. Dept. Rec., MS., vi. 162.

49 Vallejo, Ilist. Cal., MS., ii. 124-5; Alvarado, Hist. Cal., MS., ii. 128-9. Fernandez, Cosas de Cal., MS., 58-9, mentions their failure to get an exclusive privilege, but says nothing of their having come to Cal.

50 Dept. Rec., MS., viii. 14, 18, 69; Dept. St. Pap., Ben. Pref. y Juzg., MS., i. 31.

174

OVERLAND. - SMITH AND PATTIE-FOREIGNERS.

expedition is that of Ewing Young, the Tennesseean, or Joaquin Joven as he was often called, who entered the territory later in the same year from New Mexico with a company of beaver-hunters of various nation- alities. Warner says this party came by Jedediah Smith's old trail, and found Ogden's Hudson Bay trappers on the Sacramento.51 After trapping for a short time in the Tulares, Young moved north and met the Indian alcalde of San José mission out on a hunt for runaway neophytes by order of the padre. The fugitives allied with the gentiles showed fight, but eleven of the trappers aided the alcalde to defeat the foe. Taking advantage of this service rendered, Young, with three of his men, came to the mission July 11th, showed his passports, explained his need of horses, and departed after promising to return in a week with furs to sell or to exchange for supplies.53

There is no record that the hunters returned to San José, though they may have done so; but at the end of July three Frenchmen came to Monterey, announcing their intention to return to New Mexico, having left the company.53 In October the hunters were in the vicinity of Los Angeles, where the leader had great difficulty in controlling them, and where one man was killed.54 It had been the intention to return from the Colorado in December to sell furs and buy

51 Warner's Reminis., MS., 37-9. In Dept. St. Pap., ii. 84, 113, is Young's passport of 1829 signed by Henry Clay.

52 July 15, 1830, report of José Berreyesa. Dept. St. Pap., MS., ii. 135-9. One of Young's passports was vised at Washington, March 20, 1828, by the Mex. minister. It permitted the bearer to go into the interior.

53 These men were Francois Turcote, Jean Vaillant, and Anastase Curier. Dept. St. Pap., Ben. Cust .- II., MS., ii. 4-5. In a letter to Capt. Cooper of Oct. 10th, Young says that the Frenchmen, who owed him money, had mutinied, and determined to stay in the country; but they had been forced to return with the party. He also speaks of the fight with Indians, but indicates that it was to recover stolen horses rather than to aid the neophytes. Vallejo, Doc., MS., xxx. 135. Dec. 23d, Echeandía to alcalde of S. José. Speaks of 4 Americans who had come to the rancho of S. Pablo and must depart at once. There may be an error in this date. Dept. Rec., MS., viii. 134.

5+ Warner says that James Higgins killed an Irishman known as Big Jim. José Antonio Pico reports the killing on Oct. 7th. He had orders to detain Young, but his force was too small. Dept. St. Pap., Ben. Pref. y Juzg., MIS., i. 97. Juan Higgins, probably the same, remained in Cal. for 5 or 6 years at least. Dept. St. Pap., MS., iv. 156, 159.

175

FOREIGN RESIDENTS.

mules; but Young had lost confidence in his men, and thought he would be fortunate to get safely home with his company by the aid of the Americans. He in- tended, however, to come back the following year.55 There are several men named as being in California from New Mexico this year, some of whom may have belonged to this party; but Young and Higgins are the only ones known here later, unless Kit Carson may have made his first visit at this time.

Of the foreign residents who came to California be- fore 1826, about fifty are mentioned in the records of 1826-30, a dozen or more having died or left the country. Some of the more prominent, like Hart- nell, Spence, Cooper, and Gale, have been noticed in connection with commercial and maritime topics in the preceding chapter. All, including new-comers, were in this period as a class law-abiding citizens of considerable influence in their new home. Many were baptized, married, and naturalized. Space does not permit the introduction of personal experiences and achievements here, but the reader is referred to the biographie sketches presented elsewhere in this work.56

In respect of general policy toward foreigners,57 there was little or no tendency in California to exclu- siveness or oppression in 1826, as has been seen from the commercial record, and especially from the privi- leges allowed to Captain Becchey, in contrast with the treatment of Vancouver at an earlier date and under another régime. Yet the Mexican laws were strict in requiring foreigners to show passports, and submit to surveillance; hence the precautions taken in the case of Jedediah Smith and his company; hence certain orders for the arrest of deserting sailors.

55 Young to Cooper. Vallejo, Doc., MS., xxx. 135.

56 Sce alphabetical register of pioneers at end of vol. ii .- v. Also a list of pio- neers who came before 1830, at the end of vol. ii. of this work.

57 Aug., Dee. 1826, orders of sup. govt against admission of foreigners without passports circulated by gov. and comandantes. S. José, Arch., MS., vi. 25; Dept. Rec., MS., iv. 23.

176

OVERLAND-SMITH AND PATTIE-FOREIGNERS.

Of new-comers for 1826, about sixty are named. It is not easy to decide exactly which of these are entitled to the name of pioneers, nor is it necessary, because I shall mention them all elsewhere. Here I name only such as remained in the country several years at least, traders who came often during a series of years and became well known to the people, men who though visitors now became permanent residents later, and men who died in California. Such for this year number twenty-five.53 The most prominent names are those of Dana, Fitch, and Wilson; but ten or twelve lived long in the country and were well known.

In 1827 the general orders from Mexico promul- gated by Echeandía, and more or less fully enforced, were to insist on passports, to keep a strict watch, render a monthly account of new arrivals, grant no lands to foreigners, and by no means to allow them to forin settlements on coast or islands.59 On the inter- cession of the English chargé d'affaires in Mexico, the local authorities were empowered to extend the pass- ports of English residents for one year, while the papers of other foreigners might be extended so as to allow them time to make a regular application for re- newal.60 My list of newly arrived pioneers for the year contains twelve names, the total number, includ- ing visitors, being about thirty. 61 John Temple and

58 For complete lists see Pioneer Register at end of these volumes. The pioneers of 1826 were the following: Louis Bolbeda, Joaquin Bowman, Michael Charles, Wm H. Cunningham, Wm G. Dana, Henry D. Fitch, Guy F. Fling, Benj. Foxen, Isaac Galbraith, Cornelius A. Johnson, John Littleton, Wm Logan, Thomas B. Park, Joaquin Pereira, Louis Pombert, John Read (?), Geo. J. Rice, James Scott, Joseph Steele, Win Trevethan, John S. Turner, Geo. WV. Vincent, John Wilson, John Wilson (trapper), and John H. Wilson the negro.

39 Sup. Gort St. Pap., MS., iv. 1; Dept. Rec., MS., v. 19, 53, 95; Dept. St. Pap., S. José, MS., v. 12.

60 St. Pup., Sac., MS., xvi. 1-3; Dept. Rec., MS., vi. 175. Barron and Forbes at Tepic were at this time pumping Bandini and Hartnell for informa- tion about California, and projecting a visit. Oct. 17, 1827, Eustacio Bar- ron to Bandini. Bandini, Doc., MS., 7.

61 See Pioneer Register at end of these volumes. Pioneers of 1827: Miguel Allen (born in Cal.), John Bradshaw, Geo. Coleman, Nicolas Dodero, Robt .J. Elwell, John A. C. Holmes, Giovanni Glande, Joseph Jackson, John B. Leandry, Jean B. Mutrel, William Smith, and John Temple.

177

REGULATIONS OF 1828.

Robert J. Elwell became most prominent in California; though Bradshaw, Holmes, and Leandry were also well known men. It was during this year that the Californians were excited at the presence and actions of Jedediah Smith's trappers, their first American visit- ors by the overland route. As Smith arrived in De- cember 1826, the names of his companions who set- tled in the country have been included in the list of that year, though they left the company of hunters, and some of them arrived, in 1827.

Orders of the Californian officials in 1828 respect- ing foreigners were of the same tenor as before; ap- plications for naturalization were frequent; many strangers wished to marry Californian wives. Bands of trappers on the frontiers round about excited some apprehensions. A few immigrants of Mexican blood seem to have come in from Sonora, and all was faith- fully reported to the minister of relations in Mexico. 62 In accordance with the decree of March 12, 1828, which declared that no foreigner could remain in Mexican territory without a passport, and regulated the holding of property by naturalized citizens,03 a reglamento was issued by the president on May 1st prescribing in detail the methods to be observed in obtaining, granting, and using passports of various kinds. This document was doubtless forwarded to California later in the year.64 I find about sixty new

62 Dept. Rec., MS., vi. 21, 27, 177, 192, 194; vii. 25; St. Pap., Sac., MIS., x. 98; Vallejo, Doc., MS., xxix. passim. The Americans celebrated July 4th by burning much powder on the vessels at S. Diego.

63 Mexico, Decreto sobre Pasaportes y modo de adquirir propiedades los Estrangeros, 13 de Marzo de 1828. 12 articles. In Schmidt's Civil Law of Spain and Mexico, 346-51, in Spanish and English; Hayes' Mex. Laws, 81-2. 6+ Mexico, Reglamento para el ramo de Pasaportes-decretado por el Presi- dente en 1 de Mayo 1828. Printed copy in Pinto, Doc., i. 3. 25 articles, numbered as 22. Also in Dept. St. Pap., Angeles, MS., ix. 30-6; and part of it in Vallejo, Doc., MS. Omitting minor details, this regulation was in substance as follows: The master of a ship, on arrival, must furnish a report of his foreign passengers, and each passenger a report of his name, business, etc., to tho customs officer, who will grant a boleto de disembarco to such as are not Spaniards, and have a passport from the general government, or from duly accredited Mexican agents abroad, or a bond from the consul or agent of their nation at the port of landing, or of a Mexican citizen. The boleto, without which no foreigner could leave the vessel, must bo presented within HIST. CAL., VOL. III. 12

178

OVERLAND-SMITH AND PATTIE-FOREIGNERS.

names of foreigners in this year's records, several be- longing to men whose presence is noted in consequence of the regulations just mentioned, but about whom no more is known than that they were here in 1828-9. Pioneers proper number eighteen, as per appended list.65 Several of these became in later times locally prominent; and one of the number, Henry A. Peirce, is still living in 1884, being in a sense the oldest living pioneer within my knowledge, though he has by no means resided continuously in California. Two or three detected attempts at smuggling, together with the presence of Pattie and his trappers from New Mexico, were the leading topics of interest for 1828, as far as foreigners were concerned.

In 1829 Echeandía continued to circulate the pass- port regulations for the benefit of foreigners and of local officials. He still received numerous applica- tions for permits to remain, to travel, to marry, or to become naturalized, and called for full reports of resi- dent foreigners.66 It is from these reports, and the various certificates connected with the applications above referred to, that I have obtained much of the information presented elsewhere respecting individ- uals; still the lists are incomplete, and have to be per- fected from numerous scattered documents.67 Eche- 24 hours to the civil authority of the port, who will vise the passport. To travel in the interior a carta de seguridad for a year must be obtained. Whatever passports a foreigner might have, he must present himself to the civil authorities of any place where he intended to remain over 8 days, and on each change of residence. Due provision was made for renewal of licenses, penalties for failure to comply with the law, and for full reports to be sent to the government.

63 Pioneers of 1828: Stephen Anderson, Louis Bouchet, John Brown (?), John Davis, Jesse Ferguson, Richard Laughlin, Timothy Murphy, Sylvester Pattie, Henry A. Peirce, Wm Pope, Nathaniel Pryor, Isaac Slover, Wm Taylor, James Thompson, Wm Warren (?) the negro, Edward Watson, Wm Willis, and Julian Wilson. For biographieal sketches, see Pioneer Register at the end of vol. ii .- v., this work.

66 Dept. Rec., MS., vii. 59, 86, 105, 176; Dept. St. Pap., MS., xix. 20-2; St. Pap., Sac., MS., xi. 4; Vallejo, Doc., MS., xxix. 310.

67 Naturalization records in Dept. St. Pap., MS., xix. passim. List of 4S names dated Feb. 14th, in Id., xix. 44. List of 44 names in Monterey dis- trict Feb. 16th, in Id., ii. 115. List of 7 names in S. Jose, Feb. 5th. Id., xix. 3. List of 7 at Los Angeles Feb. 14th, in Monterey, Arch., MS., vii. 21-5. Apparently 2 foreigners at S. F. Dept. St. Pap., MS., ii. 97-8. There are no lists for Sta Bárbara or S. Diego.

179

PIONEERS OF 1829.

andía heard this year and forwarded to the supreme government a rumor that the Americans were plotting to seize the port of San Francisco; while on the other side of the continent we find a rumor from Mexico, by way of England, that California with Texas was to be made over to the United States for a term of years, as security for a large sum of money to be spent in resisting Spanish invasion.68 The new arrivals of the year, as named in an appended list, were seven- teen,69 or about thirty-five including visitors, or men about whom nothing more is known than their men- tion in lists of the year. Prominent names are those of Captain Hinckley, Alfred Robinson, and Abel Stearns. Robinson still lives in 1884, with none to dispute his title as the oldest pioneer, unless it be Peirce of 1828, as already mentioned, or Michael White, perhaps still alive, but about whose arrival in 1829 there is some doubt. The great excitement of the year was the Solis revolt, in which, as we have seen, the foreigners, though at first somewhat inclined to sympathize with the movement as promising them certain commercial advantages, later took a decided stand in favor of the regular authorities, and contrib- uted largely to the restoration of the capital.

In February 1830 the Mexican government, in reply to reports respecting Abel Stearns and others in Cali- fornia who were seeking lands, directed Echeandía to distribute the public lands in accordance with the laws to such foreigners as could comply with all the require- ments, taking care, however, that the Russians and

68 June 23th, E. to min. of rel., in Dept. Rec., MS., vii. 25. Niles' Reg., xxxvii. 87. The John Bull says: 'The proposition of America must not be quietly listened to or tamely permitted; while we are earnest in our endeavors to put a stop to the power of Russia, we must not forget the necessity of checking the aggrandizement of America.'

69 Pioneers of 1829-the '(?)'indicates uncertainty about the exact date of arrival: James D. Arther, Jas Breck, Walter Duckworth (?), James Flem- ming, Wm S. Hinckley (?), Geo. Kinlock (?), Lawrence (born in Cal.), John Meck, Manuel D. Olivera, Jordan Pacheco, Jolm Rainsford, Alfred Robin- son, Thos L. (Peg-leg) Smith (?), Abel Stearns, Chas A. Swain (?), Michael White (?), and Geo. Williams. See biog, sketches of them and also of the years' visitors in Pioneer Register at the end of these volumes.

180

OVERLAND-SMITH AND PATTIE-FOREIGNERS.

Americans should be the least numerous, and be located in the central parts. 70 A little later, however, foreign- ers of adjacent countries were prohibited from coloni- zation on the frontier.1 It is not certain that any resident foreigner had yet obtained his final and com- plete papers of naturalization; though a few may have done so, and many had made application and complied with all the preliminary requirements, receiving cer- tificates which served all practical purposes.72 New- comers of this final year of the decade were fifty, of whom twenty-four named in a note may be regarded as pioneers proper.73 The arrival of Kit Carson this

year is doubtful. Bee, Jones, Nye, Snook, and Young were the names best known in the annals of later years. Some details about all the men named in this chapter and many visitors not here named may be found in the Pioneer Register appended to these volumes. That register will also serve as an index. through which may be found all that is recorded of any early Californian in this work.

70 Feb. 2, 1830, Alaman to E. Sup. Gort St. Pap., MS., vi. 4.

71 Law of April 6, 1830, in Halleck's Report, 121-2. Artiele 7 of the law of Aug. IS, 1824, was thereby repealed.

72 The naturalization regulations, probably of 1828, are given in Schmidt's Civil Law of Spain and Mexico, 353-9, in Spanish and English. The general purport had been circulated by Echeandía on June 4, 1829. Dept. St. Pap., MS., xix. 20-1. These rules prescribed in substance that any foreigner of two years' residence might, one year after having announced his intention, obtain a carta de naturaleza from the gov. by renouneing all allegianee to any foreign power, swearing to support the constitution and laws of Mexico, and presenting proof in due form of Catholic faith, means of support, and good conduct. See also the Mex. passport regulations of Oct. 12, 1830, in Arrillaga, Recop., 1830, p. 474-99.

13 Pioneers of 1830; Henry J. Bee, John Burns, Kit Carson (?), James Cook, Phil. H. Devoll, Juan Domingo, *William Duckworth, John Ebbetts, James Harris, John Higgins, John C. Jones, *Geo. D. Kinlock, Laure, Allen Lewis, Gorham H. Nye, "Juan Pombert, Sam. Prentice, John Rice, John Roach, Ed Robinson (?), Jos F. Snook, Sam. Thompson, "Francis Watson, and Ewing Young. Those whose names are marked with a * were born in Cal., their fathers being foreigners.

CHAPTER VII.

RULE AND OVERTHROW OF VICTORIA.

1831.

APPOINTMENT OF VICTORIA-ARRIVAL-ECHEANDIA'S DELAY-COMMAND SUR- RENDERED-BEGINNING OF A QUARREL-GOLPE DE ESTADO-SCHEMES OF PADRES AND PARTY-VICTORIA'S ADDRESS TO THE PEOPLE-CHARGES AGAINST THE GOVERNOR-REFUSAL TO CONVOKE THE DIPUTACION- MEMORIALS AND THREATS-VICTORIA'S MANIFIESTO-REPLIES OF BAN- DINI AND PICO-ADMINISTRATION OF JUSTICE-THE DEATH PENALTY- CASE OF ATANASIO-THE ROBBERS AGUILAR AND SAGARRA-EXECUTION OF RUBIO-EXILE OF ABEL STEARNS-VICTORIA AND ALCALDE DUARTE OF SAN JOSÉ-TROUBLE AT LOS ANGELES-EXILE OF JOSÉ A. CARRI- LLO-JOSÉ M. PADRÉS BANISHED-PLOTS OF CARRILLO, BANDINI, AND PICO-PRONUNCIAMIENTO OF SAN DIEGO-ECHEANDÍA IN COMMAND- ANGELES REVOLTS-FIGHT NEAR CAHUENGA-DEATH OF PACHECO AND ÁVILA-VICTORIA SENT TO SAN BLAS-RODRIGO DEL PLIEGO-ACTION IN THE NORTH-CARRILLO'S EFFORTS IN CONGRESS.

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History of California, Volume III, Part 20

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

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