History of California, Volume III, Part 22

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 22

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).

192

RULE AND OVERTHROW OF VICTORIA.

blood-stains at the time of his arrest; that he had tried to sell his shirt during the night; and that many of his actions had seemed strange and suspicious to his companions. Beyond his own statements and protestations of innocence, there was no evidence in his favor, or against any other person. Though circum- stantial, the proofs were strong; sufficiently so, I think, to justify the severest penalty. The case, how- ever, dragged its slow length along, with no percepti- ble progress, as was usual in California, through 1829 and 1830. Rubio was nominally imprisoned, but during much of the time seems to have worked as a servant about the presidio, with abundant opportuni- ties for escape. When Victoria came he intrusted the prosecution to José María Padres, who began active operations in May 1831. Alférez Vallejo, who had declined to serve as fiscal, now made some efforts in behalf of Rubio; but his testimony and that of others called in to substantiate it tended merely to show irregularity in one of the former pro- ceedings, and that another man, having been charged with similar crimes at San Francisco, might be guilty in this instance. No new evidence was adduced in Rubio's favor. He was defended by Pliego, a friend of Victoria, who on account of technical irregulari- ties, and because no one had seen his client commit the crime, asked only that some other penalty than death should be imposed. Padrés, an enemy of Victoria and friend of Vallejo, expressed no doubt of Rubio's guilt, but he also urged that imprisonment be sub- stituted for death. Rafael Gomez reviewed the testimony at some length, pronounced the accused to be guilty, and recommended that he be shot behind the house of Olivas. The sentence was finally ap- proved by Victoria and executed August 1st, at 11.30 A. M .- 3

The case of Rubio, as just related from the original

23 Rubio, Causa Criminal por Asesinatos y Estupro, 1828-31, MS.

103

A CAUSA CÉLEBRE.

records, would seem to be a very clear one, respecting which no blame could be imputed to Victoria; yet so bitter was the feeling against that official, that the execution has been almost uniformly regarded by Californians as a judicial murder, stamping Victoria as a blood-thirsty monster. The only reason for this strange belief, in addition to the popular feeling fos- tered by Vallejo and his friends, was the generally credited rumor that after Rubio's death an Indian confessed that he had committed the crime for which the innocent soldier had suffered. I am unable to say positively that this rumor, so confidently pre- sented as truth by dozens of witnesses, was unfounded; but it may be noted that most persons speak indefi- nitely of the guilty Indian; that the few who venture on details of name, place, and date differ widely in such particulars; and finally that the later confession, if perfectly authentic, has no possible bearing on Vic- toria's action. 24

Abel Stearns, an American but a naturalized citi- zen of Mexico, who had been in California since

24 Besides being a partisan of Padrés in the general controversy, Vallejo had a personal grievance, arising from the fact that Victoria had condemned him to 8 days' arrest for insubordination in refusing to serve as fiscal in another case. Dept. Rec., MS., ix. 18-19. Vallejo, Hist. Cal., MS., ii. 140-7, says that lie as prosecuting attorney informed Victoria that the signatures of the witnesses against Rubio were forgeries; that he and Padres offered to aid Rubio to escape, but he refused; that the execution was an outrage; and that the real culprit confessed the crime in 1833. Alvarado, Hist. Cal., MS., ii. 171, 183, iv. 81, regards the prosecution as a conspiracy against Rubio; and both he and Vallejo state that great reverses of fortune overtook Lieut Mar- tincz at the time of Rubio's death, and were commonly regarded as divine punishments. Osio, Hist. Cal., MS., 165-72, gives some particulars, more pathetic than probable, of the execution, and tells us that 6 or 7 years later Vallejo at Sonoma learned that Roman, a neophyte of S. Rafael, had committed the crime, and sent Sergt Piña to shoot him. Gabriel Castro in 1876 gave one of my agents a narrative in wliich I put no confidence, with minute de- tails of the arrest and confession of Roman at S. Francisco, where he died in prison of syphilis. Ignacio Cibrian also gave a somewhat different version. In the evidence it appeared that a little brother of the victims said that a fierce coyote had come and killed the children; and Amador, Mem., MS., 122-6, implies that Rubio's nickname of 'Coyote' was the main ground of his accusation. J. J. Vallejo, Remin., MS., 112, tells us that Victoria was moved by the counsels of the padres and by his hatred of Padres, who pro- tected Rubio. The versions of Pinto, Pico, Weeks, Torre, and Galindo need no special notice. None doubt that Rubio was the victim of Victoria's op- pression.

HIST. CAL., VOL. III. 13

RULE AND OVERTHROW OF VICTORIA.

1829, was apparently a sympathizer with the party of Padres and Vallejo; or at least he was so regarded by Victoria. He had a land grant in the San Joaquin Valley which required confirmation by the diputacion, and he was therefore anxious for a meeting of that body. This was his only offence, so far as I can as- certain; but for it Victoria ordered him to leave the country, refused to give or listen to any explanations, and merely bade him present his claims and com- plaints to the supreme government. The correspond- ence began in February. In July, Stearns was re- fused permission to visit San Francisco to attend to his business affairs, and on September 23d his pass- port was issued. He soon sailed from Monterey, but did not go farther than San Diego, or the fron- tier of Baja California. 25 Nothing can be said in defence of Victoria's arbitrary course in thus exiling a Mexican citizen without trial or specification of offence; but the provocation was I have no doubt much stronger than it appears in the written record, since Stearns was not a man disposed to submit quiet- ly when his interests were threatened.

Another of Victoria's arbitrary proceedings was that against Mariano Duarte, alcalde of San José, in August and September. Duarte had, after consulta- tion with Alcalde Buelna of Monterey, tried to in- duce the ayuntamiento to petition for the convoking of the diputacion. This was his chief offence, "one which has a very strong bearing upon the present political state of the territory," in Victoria's eyes; but there were others, brought forward by the other municipal officers who disliked the alcalde, and in- cluded in the investigation. Duarte had somewhat

25 Correspondence between V. and Stearns in Leg. Rec., MS., i. 321-9; Dept. Rec., MS., ix. 102, 106-7. S. had, however, since Oct. 1830, a quarrel on hand with Ex-alcalde Soberanes, for disrespect to whom he had been impris- oncd, and justly as the asesor decided. Monterey Arch., MS., i. 26-7. Sept. 14, 1831, V. to min. of rel., accuses S. of pernicious conduct, of plotting with Padres to have the dip. meet, of trying to go to S. Francisco to join the other plotters, and of being a vagabond dependent on Capt. Cooper. Dept. Rec., MS., ix. 145.

195

AN AMOROUS ALCALDE.

irregularly appointed certain regidores to fill vacan- cies, and had taken from the municipal funds compen- sation for teaching the pueblo school, whereas it had been the understanding that he was to teach for noth- ing-the estimated value of his services. Worse yet, Duarte allowed himself to be inveigled into a trap by his foes. A woman with more patriotism than modesty was induced to send the alcalde an amorous invitation, and he was surprised at her house by the watchful regidores. Rodrigo del Pliego was sent to San José to prosecute the case; and a little later Duarte was brought in irons to Monterey to be tried by a military court. There was no trouble in prov- ing the truth of the only charge to which Victoria attached much importance, that of laboring to secure a meeting of the diputacion, and all went well for the governor until the opinion of the asesor was rendered September 30th. This opinion was to the effect that the charges against Duarte had been substantiated, but that in urging the ayuntamiento to cooperate with others in demanding a convocation of the assem- bly he had done no criminal act, and that as to the other offences a military court had no jurisdiction, and they must be sent to the supreme court in Mex- ico. Victoria seems to have made no effort to con- tinue the prosecution in defiance of law.26

There was trouble likewise at Los Angeles, though the alcalde of that town, Vicente Sanchez, was a partisan and protégé of Victoria, being a man more- over who always had a quarrel on hand with some- body. In January Echeandia, acting on the legal advice of Gomez, had declared Sanchez as a diputado not competent to hold the place of alcalde, ordering that the first regidor take the place provisionally and a

26 Duarte, Causa Criminal seguida contra el Alcalde de S. José, Mariano Duarte, 1831, MS. Lieut Ibarra was Duarte's defender, but his argument was devoted to showing his client to be an ignoramus. There is nothing in the narratives of Californians on this affair that deserves notice, though many mention it in their charges against Victoria. The decision of Gomez on the legality of the case was subsequently affirmed in Mexico.

196

RULE AND OVERTHROW OF VICTORIA.

new alcalde be chosen.27 There is no record of immediate action on this order; but on April 18th the ayunta- miento deposed Sanchez, putting Regidor Juan Alva- rado in his place. At first Victoria did not object to the change, but a few days later, probably learning that it had been in some way in the interest of Eche- andía's party, he discovered that the movement had been a revolutionary and illegal one. So he wrote a severe reprimand to Alvarado, ordered him to restore Sanchez to office, and announced that he would soon come down to Los Angeles to make an investigation. The order was obeyed and Sanchez was reinstated.28 In June, for reasons that do not appear, Victoria saw fit to revive the matter by sending Lieutenant Ar- güello to make investigations and administer rebukes. The 21st of July he sent back the sumario that had been formed by Argüello, and ordered that the regi- dores Alvarado and Perez, with six other citizens of Los Angeles, should be put in prison. They were never released by Victoria's order. 29

One of Alcalde Sanchez's quarrels was with José Antonio Carrillo. The exact nature of the trouble is not explained; but in March Carrillo was taken into custody as a defrauder. He escaped, but gave himself up to the comandante of Santa Bárbara on March 21st, and was kept in confinement there for some fifty days. At the end of that time he was sent down to San Diego, and immediately banished to San Vicente on the frontier by Victoria's order. How Carrillo had offended the governor is not recorded, but it is to be

27 Dept. Rec., MS., ix. 84-5.

28 April 21st, 23d, V. to Alvarado. Dept. Rec., MS., ix. 99-102. The com. of Sta B. reports having felt some aların when he first heard of Sanchez's removal, but soon learned that no harm was intended. Dept. St. Pap., MS., iii. 9-10. April 25th, Alvarado to V., saying that Sanchez had been reinstated. April 26th, Sanchez to V., complaining of his wrongs at the hands of foes. Regi- dor José Perez was arrested, but let out on bail. Dept. St. Pap., Ben. Pref. y Juzg., MS., iii. 54-5.

29 Leg. Rec., MS., i. 307-8, 349-50; Dept. Rec., MS., ix. 108-10. The six citizens were Tomas Talamantes, Francisco Sepulveda, Jose Maria Avila, Maximo Alanis, Demesio Dominguez, and José María Aguilar. Capt. Bar- roso took Argüello's place in August.

197

EXILE OF J. M. PADRÉS.

presumed that he had taken a prominent part in send- ing memorials from the south in the interest of the diputacion. He protested earnestly against his exile in June and July, demanding an opportunity to re- turn, under bonds, to vindicate his honor; but all he could obtain was permission to move about from place to place on the frontier without returning to Califor- nia while his case was pending. Nevertheless he did return, as we shall see.30

Finally José María Padres, whom Victoria justly regarded as the leading spirit in the opposition to his measures, was summarily sent out of the territory without form of trial. In all his communications the governor had named Padrés as the cause of the coun- try's ills. 31 Early in the summer he had been sent to San Francisco, where it was thought he could do less harm than at the capital; but he continued his plot- tings-so believed Victoria-in connection with Va- llejo and several young Californians who were living there ostensibly engaged in hunting otter. In Octo- ber the order for his banishment was issued, and early in November he was sent by sea to San Blas.32 Of course Victoria had no authority for such an act.

I have thus catalogued the acts of Victoria's admin-

30 Correspondence on Carrillo's case from March to August, in Valle, Doc. Hist. Cal., MS., 17; Leg. Rec., MS., i. 302-3, 313-20; Dept. Rec., MS., ix. 32; Dept. St. Pap., MS., iii. 14-16, 18; Ord, Ocurrencias, MS., 43-4. Al- varado, Ilist. Cal., MS., ii. 169-70, erroneously says Bandini was banished with Carrillo, and the two wrote a manifiesto, which was sent north. Some one put a copy under Victoria's pillow, and a reward was offered for his de- tection.

31 Particularly in his report to the min. of rel. of Sept. 21st, in Dept. Rec., MS., ix. 149-52.

32 July 24th, Padrés at S. Francisco writes to Stearns, advising him to go to Mex. with his complaints against V. Vallejo, Doc., MS., i. 234. Sept. 14th, V. to min. of war. Says that P. was sent to Bodega to make an inspec- tion; but that he talked very freely to the Russians against the Mex. and Cal. govt. Dept. Rec., MS., ix. 144. Oct. 17th, P. congratulates Vallejo on his oppo- sition to V. Vallejo, Doc., MS., i. 239. Oct. 19th, P. is to sail on the Catalina. Nov. 8th, he is to sail on the schooner Margarita. Id., i. 242; Dept. Rec., MS., ix. 53, 61. Figueroa, Manifiesto, 3-4, speaks of P.'s influence in favor of re- volt. Alvarado, Ilist. Cal., MS., ii. 174-5, says P. left Monterey Dec. Sth, and that V. before cxiling him had tried to buy him off. Both this author and Vallejo, Ilist. Cal., MS., ii. 142-7, say that P. left Cal. vowing to oust V., and in possession of news from Mex. that made him think it would not be very difficult.

108

RULE AND OVERTHROW OF VICTORIA.

istration, and they leave no doubt as to what manner of man he was. Personally brave, honest, energetic, straightforward, and devoted to what he deemed the best interests of the territory, he was yet more a co- mandante general than a gefe político. His idea of his duty was to preserve order and administer justice by military methods, removing without regard to con- stitutional technicalities such obstacles as might stand in the way of success in carrying out his good intentions. All the Californians in their narratives credit him with personal courage, but with no other good quality, save that a few admit he paid better attention to the com- fort as well as the discipline of his soldiers than had his predecessors. Nearly all, after mentioning more or less accurately some of the acts which I have chron- icled, express the opinion that Victoria was a cruel, blood-thirsty monster, at whose hands the lives of all honest citizens were in danger, some adding that he was dishonest and avaricious as well, and others assert- ing that he was a full-blooded negro. So strong is popular prejudice, fostered by a few influential men. 33 There is a notable lack of missionary correspondence in the records of 1831, and I find only one contempo- rary expression of the padres' opinion respecting Vic- toria's acts, except that of course they approved his abrogation of the secularization decree. Padre Duran, in the epilogue of his comments upon that measure,

33 I shall give later references to all the Californian writers who have treated of Victoria's rule. Their sentiments are so uniform, that it is not necessary to cite individual opinions. In the memorial of the diputados to the Mex. govt of Sept. 18th, Vallejo, Doc., MS., i. 215, 238, the charges against V. are his exile of Carrillo and Stearns, his arrest of Duarte, his refusal to convoke the diputacion, his general opposition to the federal system, and his insults to diputados and inhabitants. A very complete résumé of V.'s aets and trou- bles, made up from his despatches and those of Echeandia and others, is found in Alaman, Sucesos de California en el año de 1831, MS., the same being an appendix to the minister's instructions to Gov. Figueroa in 1832. The whole subject is also fully treated in Vallejo and Argüello, Expediente sobre las Ar- bitrariedades de Victoria, MS., presented to the dip. on Feb. 17, 1832. To the usual charges Bandini, Apuntes Políticos, 1832, MS., adds the sending of some Angelinos far among the savages toward Sonora to drive stock for a favorite padre of the governor's, tampering with the mails at Monterey, and abrogating the faculties of hacienda employees to the prejudice of the admin- istration.

199

PREJUDICE AGAINST THE GOVERNOR.

after affirming that the leading Californians aimed solely at securing mission plunder and rejoicing at Victoria's opportune arrival and suspension of the law, wrote: "Interested parties, including some vocales of the diputacion, sure of their prey, were disappointed, and disappointment turned into hatred for the equi- table Victoria. Never had they pardoned this just chief for having rescued the booty already within their grasp. They began to intrigue and hold secret meetings, and for ten months of 1831 symptoms of sedition have not ceased to keep the illustrious chief in constant trouble. They sought to force him to convene the diputacion, in order that with a semblance of legality they might accomplish their desires,. . . un- grateful for the sacrifices of the poor Indians; but Vic- toria never consented; and in November they pro- claimed a plan of attack." The foreign residents are equally silent,34 but I suspect that their views were more favorable to the governor than they cared to admit generally to the strong element opposing him. The Californians have weakened their cause by their unfounded and exaggerated attacks on Victoria's per- sonal character, for politically the cause was a strong one. Victoria went far beyond the authority of his office, in refusing to convoke the assembly, in trying an alcalde by court-martial, and in banishing Mexican citizens without forms of trial. He was not in sym- pathy with constitutional government; and his acts were not to be defended by reason of the reactionary character of the administration that appointed him, the trick that was attempted by Padres and Echeandía, the formidable opposition which forced him to a more arbitrary policy than he would otherwise have shown, or the promptness and frankness with which he sub- mitted all to the national authorities. Perhaps his proceedings might even have justified revolt after a

34 Duran, Notas y Com., MS., epilogue. Spence, Ilist. Notes, MIS., 13, merely says that V. was energetic and made every one respect orderand law, which did not please a certain class.

200

RULE AND OVERTHROW OF VICTORIA.

failure to obtain relief from Mexico. Under other circumstances, Victoria might have been an excellent ruler for California.

Thus far San Francisco in the extreme north had been the centre of opposition to Victoria, but the final revolt broke out in the extreme south at San Diego.35 Some prominent men of the north are of opinion that the abajeños should not have all the glory, but I fear there is hardly enough of it to bear division. José Antonio Carrillo, supposed to be in exile on the frontier, but who came secretly to the vicinity of San Diego in November, was the real instigator of the revolt, seconded by Abel Stearns, another exile; but the active and ostensible leaders were Juan Bandini, diputado suplente to congress and sub-comisario of hacienda, and Pio Pico, senior vocal of the diputacion. Bandini in his history gives but a general account of the affair, but Pico enters into some detail, both of the actual revolt and of preliminary movements. 36 After ten or twelve days of preparatory plotting, Pico, Bandini, and Carrillo, on November 29th, drew up and signed a formal pronunciamiento, and that evening

33 Vallejo, Hist. Cal., MS., ii. 142-7, and Alvarado, Hist. Cal., MS., ii. 172-3, state that the former, a member of the diputacion, was urged in letters from leading mnen in the south to take the initiative in a revolution to over- throw the tyrant. Vallejo went to Monterey to consult with the other northern vocales, but found them timid about resorting to rebellion. On his way back to S. F. he met V. at Sta Clara, and was offered by him all kinds of official favors if he would abandon the party of Padres. This was just before the exile of the latter, and V. had received alarming news of growing uneasiness in the south.

36 Bandini, Ilist. Cal., MS., 73-5; Pico, Hist. Cal., MS., 24-34. Pico says that in the middle of Nov. his brother-in-law, José J. Ortega, came down from Monterey with news that V. was preparing to come south, and that he in- tended to hang Pico and Bandini for their efforts in behalf of the diputacion. He at once sent for J. A. Carrillo-also his brother-in-law-who came to his rancho of Jamul; both came to S. Diego in the night and had an interview with Bandini, and the three resolved on a pronunciamiento as the only means of thwarting V.'s plans. It took about two weeks to perfect their plans and to learn what men could be relied on. During this time Pico and Juan Lopez made visits to Los Angeles to enlist the Angelinos in the cause. They found that Alcalde Sanchez had about 70 (some others say 30 or 40) of the citizens in jail; but Avila and other leaders disapproved of any rising until V. should have passed Angeles, when they would attack him in the rear, and the Die- guinos in front. Finally they heard from Stearns a confirmation of V.'s schemes as before reported.

201

PRONUNCIAMIENTO OF SAN DIEGO.

with about a dozen companions started out to take possession of the presidio and garrison. Doubtless by a previous understanding with the soldiers, no resist- ance was made, though the forms of a surprise were gone through, the arms and barracks secured, and the officers placed under arrest.37

Next day the soldiers gave in their adhesion to the plan readily enough, but the officers, especially captains Portilla and Argüello, showed considerable reluctance. They shared the feelings of the rebels against Victo- ria-so they said, Portilla perhaps not quite truth- fully-but they felt that for military men in their position to engage in open rebellion against their comandante general was a serious matter. At first they declined to do more than remain neutral under arrest; but finally they were induced to promise active cooperation on condition that Echeandía would accept the command. What part Echeandía had taken, if any, in the previous plottings cannot be known; but after much hesitation, real or pretended,38 he consented to head the movement. The plan, slightly amended, was now made to embrace substan- tially the following points: the suspension of Victoria, the vesting by the diputacion of the political and military command in separate persons, and the pro- visional resumption by Echeandía of both commands until such act of the diputacion or the decision of the national government. This pronunciamiento was

37 Bandini says there were 14 men in the first revolutionary party. Pico names, besides the 3 signers, Ignacio, Juan, and José Lopez; Abel Stearns; Juan Maria Marron; Andrés and Antonio Ibarra; Dámaso and Gervasio Ali- pas; Juan Osuna; Silverio Rios; another citizen, and a cholo to carry ammu- nition. Pico says he was deputed to arrest Capt. Argüello, whom he found at his house playing tresi lo with his wife and Alf. Valle. He begged pardon for the intrusion, presented his pistols, and marchicd the two officers away to join Capt. Portilla, who had been arrested by Bandini. Valle, Lo Pasado, MS., 3-5, like most of the California writers, mentions the arrest of himself and the rest, but gives no particulars.

38 E. was a timid man, not inclined to revolutionary acts, and moreover not in good health; therefore his reluctance to assume the responsibility of such a movement; yet I hardly eredit the statement of the Vallejos and others that he refused the command until forced by Carrillo's threats to accept it.

202

RULE AND OVERTHROW OF VICTORIA.

finally signed December 1st by Echeandía, the three original signers, and all the officials, whose names I give with a translation of the document.32 The reader

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

History of California, Volume III, Part 22

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