History of California, Volume III, Part 23

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

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39 Pronunciamiento de San Diego contra el Gefe Político y Comandante Gen- eral de Cal fornia, Don Manuel Victoria, en 29 de Noviembre y 1 de Diciembre de 1831, MS. Translation: 'Mexican citizens residing in the upper territory of the Californias. If the enterprise we undertake were intended to violate the provisions of the laws, if our aets in venturing to oppose the scandalous acts of the actual governor, D. Manuel Victoria, were guided by aims un- worthy of patriotic sentiments, then should we not only fear but know the fatal results to which we must be condemned. Sueh, however, not being the case, we, guided in the path of justice, animated by love of our soil, duly respecting the laws dictated by our supreme legislature, and enthusiastic for their support, find ourselves obliged, on account of the criminal abuse noted in the said chief, to adopt the measures here made known. We know that we proceed, not against the sup. govt or its magistrates, but, as we are deeply convinced, against an individual who violates the fundamental bases of our system, or in truth against a tyrant who has hypocritically deceived the supreme powers so as to reach the rank to which, without deserving it, he has been raised. The supreme being, master of our hearts, knows the pure sentiments with which we set out: love to country, respect for the laws, to obey them and make them obeyed, to banish the abuses which with acceler- ated steps the actual ruler is committing against the liberal system. Such are the objects which we call pure sentiments and in accordance with public right. We will maintain this before the national sovereignty, and time will bear witness against what the breaker of laws chooses to call sedition. From the sentiments indicated may be clearly dedueed the patriotic spirit which direets us to the proceeding this day begun; and at the thought that such sentiments are entertained by the people of Alta California, there is generated within us a complete conviction that our indispensable action will be sup- ported and therefore sustained by all who live in this unfortunate country. As for the military officers in actual serviee, opposition is naturally to be ex- pected from them to our plan, and we must allow them at first this unfavor- able opinion demanded by their profession; but not so later, when they shall have fully learned the wise and beneficent intentions with which we act; for they also, as Mexican citizens, are in duty bound to maintain inviolate the code to which we have all sworn. We believe that your minds are ever decided in favor of the preservation of society, and your arms to be ready in the service of whoever may assure happiness, and in support of the laws which promulgate its representation. You are assured of the contrary spirit shown by the chief authority of this California, and we begin, in manifesting his criminal acts, with the infraction committed against the territorial repre- sontation, which has been suppressed on pretexts which confirm his absolu- tism, though you voted for the members to be the arcas of your confidence; the total suppression of the ayuntamiento of Sta Bárbara; the shooting of several persons by his order at Monterey and S. Francisco, withont the ncees- sary precedent formalities preseribed by the laws; the expatriation suffered by the citizens José Antonio Carrillo and Abel Stearns, without notification of the reasons demanding it; the seorn with which he has treated the most just demand which with legal proofs was presented by the very honorable pueblo of Los Angeles, leaving unpunished the public crimes of the present alealde; and, not to weary you with further reflections of this nature, please consider the attributes which he has assumed in the department of revenues, making himself its chief, with grave injury to the public funds. We trust that after you know our aims you will regard the removal of all these evils as the duty of every citizen. We believe also that the public sentiment of the territory will never attempt to violate our rights, or still less provoke us to

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A WORDY PLAN.

who may have the patience to examine this state pa- per, California's first pronunciamiento, if we except that of the convict Solis in 1829, will find in it a good

make a defence foreign to our views (!). The said ruler has not only shown him- self shameless in the violation of law, but has at the same time imperilled our security and interests by reason of his despotism and incapacity. You your- selves are experiencing the misfortunes that have happened during the short time of his management. For all these reasons, and with all obedience and subjection to the laws, we have proposed: Ist, To suspend the exercise of D. Manuel Victoria in all that relates to the command which he at present holds in this territory as comandante general and gefe político, for infraction and conspiracy against our sacred institutions, as we shall show by legal proofs. 2d, That when at a fitting time the excelentisima diputacion territorial shall have met, the military and political command shall fall to distinct persons as the laws of both jurisdictions provide, until the supreme resolution. These two objects, so just for the reasons given, are those which demand attention from the true patriot. Then let the rights of the citizen be born anew; let liberty spring up from the ashes of oppression, and perish the despotism that has suffocated our security. Yes, citizens: love to country and observance of the laws prescribed and approved by our supreme powers are the fundamental baris on which we travel. Property is respected; likewise the duty of cach citizen. Our diputacion territorial will work, and will take all the steps con- ducive to the good of society; but we beg that body that it make no innova- tion whatever in the matter of the missions, respecting their communities and property, since our object is confined solely to the two articles as stated. To the sup. govt belongs exclusively the power to dictate what it may deem proper on this subject, and it promises to the padres to observe respect, decorum, and security of the property intrusted to their care. Thus we sign it, and we hope for indulgence in consideration of our rights and justice. Presidio of San Diego, Nov. 29, 1831. Pio Pico, Juan Bandini, José Antonio Carrillo.

'We, Capt. Pablo de la Portilla, etc. [see names at end], acquainted with the preceding plan signed by [names as before, with titles], according to which the people of this place surprised the small garrison of this plaza on the night of Nov. 29th, consider it founded on our natural right, since it is known to us in all evidence that the gefe político and comandante general of the terri- tory, Don Manuel Victoria, has infringed our federal constitution and laws in that part relating to individual security and popular representation; and we find ourselves not in a position to be heard with the promptness our rights (lemand by the supreme powers of the nation, which might order the suspen- sion which is effected in the plan if they could see and prove the accusations which give rise to so many complaints. But at the same time, in order to se- cure in the enterprise the best order, and a path which may not lead ns away from the only object proposed, we choose and proclaim lieut-col. of engi- neers, citizen José María de Echeandía, to re-assume the command, political and military, of the territory, which this very year he gave up to the said Sr Victoria -- this until the supreme government may resolve after the proper correspondence, or until, the diputacion being assembled, distinct persons may in legal form take charge of the two commands. And the said chief having appeared at our invitation, and being informed on the subject, he de- cided to serve in both capacities as stated, protesting, however, that he does it solely in support of public liberty according to the system which he has sworn, cooperation for the best order, and submission to the supreme powers of the nation. Thus, all being said publicly, and the proclamation in favor of Sr Echeandía being general, he began immediately to discharge the duties of the command. And in token thicreof we sign together with said chief-both the promoters of the plan who signed it and we who have seconded it-to-

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RULE AND OVERTHROW OF VICTORIA.

many words. It was apparently the production of Juan Bandini.

In a day or two the pronunciados, with about fifty men under Portilla, set out northward, Argüello be- ing left behind in command of San Diego. The lit- tle army arrived at Los Angeles December 4th, learn- ing now, or perhaps the day before, that Victoria was approaching from the north and was not far distant. Of occurrences at the pueblo since the imprisonment of eight citizens by Alcalde Sanchez at Victoria's or- der, as already related, we know very little; but it would seem that there had been further trouble, and that more citizens, perhaps many more, had been added to the eight in jail, Andrés Pico being one of the new victims. The captives were at once set free by the San Diegans, and the obnoxious al- calde, Vicente Sanchez, was in turn put in irons. The Angelinos accepted the plan with great enthusi- asm, and next morning the rebel army, probably num- bering about one hundred and fifty, marched out to meet Victoria, who at the same time started with about thirty men from San Fernando.

The date of Victoria's departure from Monterey is unknown, as are his motives, and most details respect- ing his southward march. He must have started be- fore the proceedings of November 29th could have been known at the capital; but he probably was warned of prospective troubles by letters from south- ern friends.40 Full of confidence as usual in his abil-

day between 11 and 12 o'clock, on Dec. 1, 1831. José María Echeandía, Pio Pico, Juan Bandini, José Antonio Carrillo, Pablo de la Portilla, Santiago Ar- güello, José María Ramirez, Ignacio del Valle, Juan José Rocha, and as com- andante of the artillery detachment, Sergt Andres Cervantes.'

40 David Spence, Hist. Notes, MS., Robinson, Life in Cal., 118-21, and Tuthill, Hist. Cal., 131-4, state that Portilla was the man who warned Victoria, urging him to come south, and promising the support of his company, but treacherously joining the rebels and leading them against the man he had agreed to defend. I think there was some truth in this charge. That is, Portilla was a Mexican officer in command of a Mexican company, and natu- rally a partisan of Victoria rather than of the Californians. Ile had a per- fect right to warn the comandante, and very likely did so, intending to sup- port him; but it would have required much more strength than he ever possessed to withstand the movement of Nov. 29tl1; and the indications are

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THE GOVERNOR MARCHES AGAINST THE REBELS.

ity to restore order, the governor set out with Alférez Pliego and ten or twenty men, leaving Zamorano, his secretary, in command at Monterey. Even on arriving at Santa Bárbara he seems to have got no definite in- formation of the San Diego movement; but he was with some difficulty persuaded by Guerra to increase his little force before going to Los Angeles, and was ac- cordingly joined by Captain Romualdo Pacheco and about a dozen soldiers.41 His entire force was now not over thirty men, nearly all I suppose of the San Blas and Mazatlan companies. He expected no fight; but in case trouble should arise, he doubtless counted on the aid of Portilla and his Mazatecos. Before he reached San Fernando, however, messen- gers overtook him from Santa Bárbara with definite news of the open revolt at San Diego, in letters from the rebel leaders to the Carrillo brothers, which by advice of Guerra they had forwarded to put him on his guard.42 At San Fernando on December 4th, Padre Ibarra had not heard of the revolt at San Diego, and a messenger sent in haste to the pueblo brought back word from Alcalde Sanchez that at sunset there were no signs of revolution. Later in the evening, however, when the revolutionists arrived from the south, releasing the prisoners and locking up Sanchez, a brother of the latter is said to have es- caped with the news to San Fernando. And thus next morning the hostile armies marched out from the

that the captain was put in command on the march to Los Angeles mainly that he might be watched. Several Californians state that it was only by the vigilance and threats of José Antonio Carrillo that Portilla was kept from going over to the foe at the last. A contemptible weakness, rather than dle- liberate treachery, was Portilla's fault; besides, as we shall see, the valiant commander and his men did no fighting when the hour of battle arrived.

41 The widow Avila, Cosas de Cal., MS., 29-30, states that provisions were prepared at her house for Victoria's march, and that ho left Monterey at dawn with about 15 men. Gonzalez, Experiencias, MS., 29-30, and Ord, Ocurren- cias, MS., 48-9, speak from memory of Victoria's arrival at Sta Bárbara. The latter says Guerra warned Pacheco to be careful. 'Cuidado! que aquellos son tercos; allí está José Antonio Carrillo.' Spence says Victoria took 10 men from Monterey; Robinson, that ho reached Sta Bárbara with 20.

42 Pico, IFist. Cal., MS., 35-40. Pico's narrative of the whole affair is remarkably accurate in every case where its accuracy can be tested, and is therefore worthy of some credit where no such test is possible.

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RULE AND OVERTHROW OF VICTORIA.

pueblo and mission respectively, the smaller force starting earlier or moving more rapidly than the other, since they met only a few miles from Los Angeles in the direction of Cahuenga.

Exactly what occurred at this unnamed battle-field on the forenoon of the 5th, so far as details are concerned, will never be known. The salient results were that two men, Captain Pacheco on the one side and José María Avila on the other, were killed. Victoria was severely wounded. Portilla's force re- treated to Los Angeles and to Los Nietos, and the governor was carried by his men to San Gabriel. After a careful study of all the testimony extant, I venture to present some additional particulars as worthy of credence. Portilla with his 150 men had halted on high ground to await Victoria's approach. Carrillo of the leading rebels was with the army; but Echeandía, Pico, and Bandini had remained be- hind. Victoria, approaching with his thirty soldiers, was urged by Pacheco not to risk an attack without reënforcements and additional preparations; but he promptly, perhaps insultingly, disregarded the cap- tain's counsels.43 He was brave and hot-headed, he did not believe Portilla's Mazatecos would fight against their comrades, and he attached little im- portance to the citizen rebels. Riding up within speaking distance, the governor was commanded by Portilla to halt, and in reply peremptorily ordered Portilla to come over with his soldiers to support his commander and the legitimate authorities. Noting a disposition to parley rather than to obey his order, Victoria ordered his men to fire; and some shots were fired, perhaps over the heads of the foe, since nobody was hurt. Portilla and his men now ran away, per- haps after one discharge of their muskets, and the Angelinos followed them; but two or three of the

43 Pio Pico, Osio, Mrs Ord, and others state that some sharp words passed between the two officers, Vietoria implying that Pacheco was moved Ly fear, and the latter indignantly repelling the taunt.

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BATTLE NEAR LOS ANGELES.

latter-who had been in the pueblo jail, had personal grievance against Victoria, and were ashamed of their companions' cowardice-made a dash against the foe before retreating. José María Avila was at the head of this party, and he first met Pacheco, whom he shot in the back with a pistol as the two horses were carried past each other by their impetus, after mutually parried thrusts of sword and lance by the respective riders. Pacheco fell dead with a bullet in his heart." Avila now rushed upon Victoria; To- más Talamantes was close behind him, and on the other side at least two soldiers defended the governor. Of the ensuing struggle, which probably did not last three minutes, it is not strange that there are many popular versions; but Victoria received sev- eral lance-wounds. A soldier was shot in the foot. Avila after a desperate resistance was unhorsed and killed, shot perhaps by one of the soldiers,45 and Talamantes, the only one of the pronunciados except Ávila who came into contact with the foe, escaped unhurt. Victoria's men attempted no pursuit, but bore the wounded governor to San Gabriel. Had it not been for his wounds, Victoria would have re-

4 For a biographical sketch of Romualdo Pacheco, sec local annals of Sta Bárbara later in this volume.

45 José María Avila was a native of Sinaloa, who came when a boy with his parents, Cornelio Ávila and Isabel Urquides, to Los Angeles. He was a wild and reckless fellow in his youth, but dashing and popular, noted for his skill in horsemanship. He amassed considerable property, and in 1825 was elected alcalde of Los Angeles, though suspended for a despotic exercise of power. On one occasion a citizen complained to Gov. Argüello that he had been arbitrarily imprisoned by the alcalde, who was called upon to explain, as he did in the following language: 'My motive for putting this person in jail was that I thought proper to do so; and because, besides that motive, I had other grounds, in the stating of which a good deal of time would be con- sumed; and since the man's complaint is only intended to take up your wor- ship's time and mine, I close by stating that this is all I have to say, repeating myself obedient to your superior orders.' Carrillo (J.), Doc., MIS., 17-20. Avila's late imprisonment by Sanchez at Victoria's order was the cause of his special wrath against the latter. Doña Inocencia Pico de Avila, Cosas de C'al., MS., 28-30, says that José María had a fight with one Nieto, and was condemned in consequence to a long imprisonment. He came to Monterey, staying at narrator's house, to induce Victoria to change the penalty to a finc; but the gov. refused, and Avila went back very angry, vowing ven- geance. As there is in the archives some reference to the troubles of Ávila and Nieto, this story may be accurate, though it is not clear how the former conkl have left the jail to visit Monterey on such business.

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RULE AND OVERTHROW OF VICTORIA.

taken Los Angeles without difficulty; and it is by no means unlikely that he would have crushed the rebellion altogether. Avila and Talamantes had de- posed the governor of California; and others had con- tributed nothing more potent than words.46

46 It would serve no good purpose to present variations of testimony on each point of this affair, which would be pretty much equivalent to giving seven eighths of the narratives in full; but I append some items from various sources, interesting for one reason or another. The narrative of Juan Avila, nephew of José María, is worthy of especial notice as the testimony of an eye- witness who is also a well known and respected man. He watched the con- fliet from a little distance, having been advised by his uncle to take no active part. He, like one or two others, thinks that V. had advanced to Cahuenga the night before. He designates the battle-ground as the Lomitas de la Cañada de Breita. His version of the fight agrees in general with that in my text, except that he says nothing of Talamantes, and states that Portilla's men fired first. His details after Pacheco's fall are as follows: Avila rushed among the soldiers in search of V., whom he gave a lance-thrust in the side, unhorsing him, but when about to repeat the blow was shot in the spine by the Mazateco Leandro Morales, and was himself unhorsed. Pedro Guerrero rushed up to kill him, but A. shot him in the knee with his remaining pistol. V. was so near that A., struggling on the ground, was able to grasp his, foot and throw him; but he rose again and killed A. with his sword. Avila, Notas, MS., 11-15. Osio, Hist. Cal., MS., 178-89, gives a very full narrative. His presentment of Portilla's grief at seeing the brave Mazatecos drawn up in battle array against each other, of his fear that all V.'s men must inevitably be killed in a bad canse, his orders to fire the first shot in the air, and the inter- position of providence in the interest of an economia de sangre, is-though given in sober earnest-amnsingly absurd. Osio's account of the fight agrees for the most part with the preceding, but he says that V. got one of his wounds from Talamantes. He also mentions the absurd actions of a drunken man, Francisco Sepúlveda, who came up at the last moment. This writer gives the impression that firing had continued, that the personal conflicts had taken place in a shower of bullets, and that the rebels retreated only after the fall of Avila. He is very severe in his remarks on their cowardice. Pio Pico. Hist. Cal., MS., 35-40, states that José Antonio Carrillo warded off Pacheco's sword-thrust with his musket, and mentions Talamantes' services. Bandini, Hist. Cal., MS., 73-6, gives no particulars, but states that V. opened the fire without consenting to give or receive explanations. In a letter written a few days later, Echeandía says: On Dec. 5th the citizens of Los Angeles 'pro- nounced with their ayuntamiento for the said plan, promising gladly to sacrifice their lives and interests in its support. This promise they kept and are keeping, for that same day Victoria, whom we supposed in Monterey, pre- sented himself in the vicinity of the pueblo, and, without accepting any arrangement or even discussion, opened fire, thinking to subject them; but in vain, because, anxious for their liberty, they gave themselves up to death, and succeeded in putting Victoria on the brink of death, since seriously wounded he retired his force to this mission.' Vallejo, Doc., MS., i. 245, xxx. 276. Valle, Lo Pasado, MS., 3-5, says it was Guerrero who killed Avila. Mrs Ord, Ocurrencias, MS., 49-50, says the report brought to Sta Bárbara was that Ávila was wounded by Pacheco, wounded Victoria, and was killed by Isidoro Ibarra. Machado, Tiempos Pasados, MS., 27-8, calls the place of the fight Arroyo Seco. Amador, Mem., MS., 133-6, had heard from Francisco Alviso, an eye-witness, that it was Victoria who shot Avila. Manuel Castro, Rel., MS., 23-9, tells ns that Avila went out by permission of the rebel leaders to fight single-handed with Pacheco and Victoria! Steven C. Foster, S. José Pioncer,

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SURRENDER OF VICTORIA.

There is little more to be said of the revolution or other events of 1831. Some citizens who took no part in the fight carried the bodies of Pacheco and Avila to the pueblo, where funeral services were per- formed next day. The fugitive residents had recov- ered from their fright and returned to their homes, while Echeandía with a part of Portilla's veterans had also come to town from the camp at Los Nietos. The wounded governor lay at San Gabriel, in danger of death, as was thought, tended by Joseph Chapman as amateur surgeon, and by Eulalia Perez as nurse, if we may credit the old lady's statement.47 His men, with two or three exceptions, had adhered to the plan or did so very soon; there was no possibility of fur- ther resistance; and this very day, December 6th, it is probable that he entered into negotiations through messengers with Echeandía, and made a formal sur- render.43 On the 9th he had an interview with Eche- andía at the mission, at which he asked to be sent to Mexico, promising to interfere no more in the affairs of California. The general consented; and on the same day wrote and despatched to the north several letters, all of similar purport, in which he narrated all that had occurred, explained his own connection with the revolution, and summoned the diputacion to assemble immediately at Los Angeles to decide according to the plan on the persons to be intrusted with the political and military command.49

July 28, 1877, states that when the bodies were found, 'Ávila still grasped the lance-staff with a death-grip, while the point had been driven through Pacheco's body,' giving other inaccurate particulars. Many of the Califor- nians in their narratives simply state that there was a battle and Victoria was wounded, and others say there was only a personal combat between Avila, Pacheco, and Victoria.

47 Perez, Recuerdos, MS., 22. She says the most serious wound was in the head, under the eye. Osio says that Charles Anderson was summoned with medicines from S. Pedro. From later letters of V. himself it appears that by the end of Dec. a troublesome discharge of blood from nose and mouth hail ceased, and all his wounds had healed except one in the chest, which cansed him much trouble even after his arrival in Mexico. He had also many con- tusions which were painful. Guerra, Doc., MS., iv. 180-3.

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History of California, Volume III, Part 23

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