USA > California > History of California, Volume III > Part 28
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Having returned to the capital, the governor had his attention engaged to some extent in October by a minor revolt at San Francisco, where a few soldiers, including the escolta at Santa Clara, attempted by irregular and unmilitary methods-though no force seems to have been used-to get rid of their coman- dante, Vallejo, whom they accused of ill treatment, chiefly in the matter of furnishing food and clothing. Vallejo was angry, and demanded the infliction of se- vere penalties; but a court-martial merely ordered a transfer of eight men to other presidios. 16
In addition to what has been presented in this chap- ter, beyond the routine of official correspondence, much of which relating to missions, commerce, finance, and other general subjects will receive some attention elsewhere, there is nothing more to be said of events in California during 1833; but I deem it best to go on with the annals of the following year, before calling the attention of readers to certain important develop- ments in Mexico.
The diputacion, whose acts form a prominent ele- ment in the annals of 1834, assembled at the gov- ernor's house17 in Monterey May 1st, with Figueroa in the chair as president, and all the seven vocales in
15 July 24, 1833, F. to min, of rel. in Dept. St. Pup., Ben. Mil., MS., lxxxviii. 11-12. We shall see later that Bandini at this very time was work- ing in congress for a separation of the commands. On Sept. 21st F. was at Los Angeles. Currillo (D.), Doc., MS., 79.
16 St. Pap., Sac., MS., xi. 49-54 ; Vallejo, Doc., MS., ii. 119, 178, 195.
17 Jan. 2, 1834, Figueroa to Sec. Alvarado about furnishing a room for the meetings. Carpets, eurtains, wall-paper, seats, etc., all deemed indispensable for the dignity of the body, but the most necessary articles are to be obtained first. An appropriation will be asked for to cover the expense. Dept. St. Pap., Ben. Mil., Ixxxviii. 19. Alvarado gives a list of needed furniture to the value of $299; only $10 in the box. Id., 10.
219
THE DIPUTACION IN 1834.
attendance except Pio Pico. I append a résumé of proceedings at the successive sessions, as compact as it can be intelligibly made.19 The president opened
18 Sessions of the diputacion territorial of Cal. in 1834. Recorded in Ley- islative Records, MS., ii. May Ist, the oath was administered by the presi- dent; the members took their seats; and Figueroa delivered an address. Committees appointed: ways and means, J. A. Carrillo, Haro, and Estudillo; government and police, C. A. Carrillo, Pico, and Ortega; publie works, Haro, J. A. Carrillo, and Castro; public instruction, C. A. Carrillo, J. A. Carrillo, and Estudillo; industry and agriculture, Ortega, Pico, and Castro; statistics, J. A. Carrillo, Haro, and Pico; colonization, Ortega, Castro, and Estudillo; vacant lands, C. A. Carrillo, Pico, and Ortega; municipal regulations, J. A. Carrillo, C. A. Carrillo, and Haro; roads and highways, Ortega, Castro, and Estudillo. Adjourned to 10 A. M. of next day. Alvarado, sec. Secret ses- sion. Information from Mex. that the European cabinets had agreed to make the Infante D. Francisco de Paula emperor of Mexico, with recommendations of zeal and vigilance. Passed to committee on govt. (p. 34-50.) May 2d, 6 despatches from the gov., of this and the past year, some enclosing or- ders from Mex. on secularization, duty on otter-skins, municipal regulations of Monterey, and furnishing of a hall for meetings, referred to com. On mo- tion of Figueroa, the formation of regulations for proceedings of the dip. was made a subject of preference, and meanwhile Tuesday, Thursday, and Satur- day were to be the days of meeting. J. A. Carrillo moved to fully organize the ayuntamiento of Sta Bárbara, and was told by the president to put his proposition in due form and let it take its course. (p. 51-4.) May 31, 25 expedientes on land grants submitted for approval and referred to com. A letter of C. A. Carrillo, dated in Mex. 1831, was read asking the dip. to pc- tition the govt for schools, and organic law, and the separation of the com- mands. Carrillo spoke on what he had accomplished in Mex., and the Ist and 2d points were referred. Communication from the ayunt. on expense of a road. Resignation of secretary offered on account of illness. Proposed that sessions begin at 10 A. M. and last 3 hours. Prop. that the comandante of Sta B. be deprived of judicial powers, and that 2 regidores be added to the ayunt., the place having 940 inhabitants-to be read three times. May 6th, petition of S. Diego for an ayuntamiento. Public buildings for Monterey. Prop. to have the mission lands surveyed, and to require inventories of mis- sion property. May 10th, minor municipal matters of Monterey and Branci- forte. Prop. to fix bounds of S. F. mission. Hours of meeting not settled. The Monterey road must be 'paralyzed' for the present for want of funds; casas consistoriales and jails should have the preference-so reports the com. Report in favor of accepting Alvarado's resignation. Also in favor of asking Mex. for $2,500 per year for schools, and for an organic law. Many land grants approved by the com. 2d reading of various propositions. (p. 55-68.) May 13th, foreign lumbermen. Artillery militia. Days fixed for discussion of certain matters. Haro's proposition to survey mission lands discussed and defeated. May 15th, Mex. secularization law of Aug. 17, 1833, referred to com. on missions (?). Regulation of weights and measures, also of brands, con- sidered. Funds of Branciforte. Many minor measures postponed as belong- ing to general subjects to be treated as a whole. Further discussion on tho Monterey calzada. Ortega complained of the imperfections of municipal govt and proposed the early formation of ordenanzas for the ayunt. Carrillo and Castro appointed to visit prisons. (p. 68-79.) May 17th, many land grants submitted, and approved. Sec. Alvarado agrees to serve a month longer. May 20th, petition for fixing mission boundaries sent back to await the arrival of Hijar, who was coming with a special commission to regulate secularization. (p. 80-6.) May 22d, duties of foreigners as citizens. Land grants. Moro discussion on mission bounds. Report on the Monterey calzada. Mission in- ventories. Proposition to assign lands and to stop the slaughter of mission
250
FIGUEROA'S RULE-HÍJAR AND PADRÉS COLONY.
the sessions with an address, in which he reviewed the condition of the country, and the character of the legislation needed. In high-flown language the speaker predicted great prosperity, now that Spanish tyranny was a thing of the past, and the diputacion was at cattle. (p. 86-93.) Figueroa absent on account of illness. May 24th, re- port of com. on missions on law of secularization. The national govt to be asked for instructions. May 26th, secret session called to consider the re- ports of a conspiracy formed by P. Duran and Capt. Guerra. Jose María Maldonado, sec. (p. 2-10.) May 27th, ayunt. of Sta B. Dip. declines to call in suplente Estrada to take Pico's place. (p. 93-6.) May 30th, unim- portant. Figueroa very busy in preparing correspondence for Mex. by the Dorotea. June 3d, further discussion on secularization as per prop. of May 24. (p. 97-103.) June 12th, convicts. Pico's absence excused, as he was ill. Minor communications answered. Petitions of individuals asking privi- leges or redress of grievances. Land grants. Mission lands again, and slaughter of cattle. (p. 104-12.) June 16th, municipal funds. Land grants. Resignation of Alvarado again postponed. June 17th, foreign citizens. Wild stock. First reading of report on municipal and legislative regulations. June 19th, land grants. First reading of several reports on topics already mentioned. (p. 113-21.) June 21st, Branciforte affairs. Land grants. Discussion on live- stock regulations. Discussion on reglamento postponed until the absent mnem- bers should arrive. (p. 121-9.) June 26th, much nufinished business. Scc. Alvarado again, it not being quite clear what he wanted, but he was 'exon- erated' from his place. His accounts and his position as contador were in some way involved. Long discussion on some articles of a reglamento for legislative proceedings. (p. 129-37.) June 2Sth, land grants. Discussion of various matters relating to municipal govt. (p. 138-41.) July Ist, Mal- donado elected sec. in Alvarado's place, and sworn in. Land grants. Munic. govt continued. July 3d, land grants. Munic. govt. Com. on ways and means instructed to hurry, as the dip. lacks funds. (p. 142-6.) July 5th, Sth, land grants. A moderate slaughter of mission cattle allowed. (p. 146-8.) Secret session of July Sth to consider charges of malversacion of mis- sion property against P. Anzar. (p. 10-11.) July 10th, slaughter of mission cattle at S. Luis Rey. Land grants. Minor reports read and days set for discussion. Long discussion of reports on munic. revenues. (p. 149-63.) July 12th-15th, 19th, 22d, some land grants and unimportant matters. (p. 161-5.) On July 19th there was a secret (?) session, at which a prop. relating to administrators of missions was considered; and on July 22d, when the same subject was continued. (p. 11-13.) July 24th, munic. regul. and reve- nues. (p. 165-7.) July 26th, discussion on lands (not given). July 29th, articles 8-53, titles 3-6, of a reglamento for the dip. discussed and approved. (p. 168-80.) July 30th, land grants. Liquor tax. Completion of the regla- mento. Tit. 8-14, art. 54-74. (p. 181-8.) July 31st, unimportant. Extra sessions on administrators of missions, July 29th; on provisional regulation for secularization, July 30th, 31st. 23 articles approved. (p. 13-28.) Ang. 1st, 2d, land grants and prop. to form an ayunt. for S. Diego and one for Sta B., increasing that of Los Angeles. (p. 189, 28.) Oct. 17th-18th, extra session to consider Híjar's claims as gefe político and director of colonization. (p. 190-6.) Pico sworn in. Oct. 22.1, secret session on the same subject. Report of com. 13 articles approved. (p. 29-34.) Oct. 23d, 25th, 28th, 30th, 31st, minor local matters. Few details. (p. 196-9.) Nov. 3d, discus- sion and approval on first reading on account of approaching end of the ses- sions, of several prop. relating to the colony and to secularization. Extra session in evening, action on preservation of timber. Members authorized to retire to their liomes. (p. 199-212.) The sessions of May 1st-20th are also recorded in Dept. St. Pap., Ben., MS., ii. 43-96.
251
ACTS OF THE DIPUTACION.
liberty to resume its deliberations. There was much to be done. All was yet in embryo; but the speaker had faith that by patient effort California, if she could not aspire to absolute perfection, might one day figure at the side of Jalisco and Zacatecas! One great ob- stacle had been the tendency of his predecessors to assume too many powers and duties for the political rule, as if representing an absolute government. A proper division of power according to the constitution should be effected, and the people must learn not to trouble the gefe político with every petty affair. Munici- pal government was in a sad state of disorganization; local officers incompetent, and the people lacking in respect for the authorities. Schools were neglected; and there were no jails nor other public buildings worthy of the national honor. Municipal revenues were far from sufficient for necessary expenses; he had been obliged to borrow money to fit up a room for this meeting. Agricultural and stock-raising regu- lations and restrictions had been oppressive. He re- viewed the evils of the monastic despotism, and the measures taken and required to raise the neophytes from degradation, noted the necessity of certain public works at Monterey, and the importance of a fort on the northern frontier. His discourse was warmly ap- proved by the vocales, and he took a very prominent part in subsequent proceedings.19
The labors of the diputacion were very largely de- voted to the consideration of matters connected with the secularization of the missions, and in this respect will be more fully noticed in another chapter.23 An- other prominent matter was that of finance and rey- enuc, of which I shall also have something to say separately.21 Grants of public lands made by the
19 Besides the copies of the speech in Leg. Rec., MS., ii. 34-49; Dept. St. Pap., Ben., MS., ii. 45-50, I have also, Figueroa, Discurso de Apertura de la Diputación Territorial en 1° de Mayo, 1834, MS., the author's original blotter copy.
20 See chap. xi. of this volume.
21 The reports of the com. of ways and means on July 10th, 12th, 24th, 26th, 30th, on revenue and taxation, are given in St. Pap., Miss, and Colon.,
232
FIGUEROA'S RULE-HÍJAR AND PADRES COLONY.
new governor in accordance with the laws were pre- sented for investigation and approval at nearly every session. To these grants attention will be given in the proper place. The Hijar and Padres colony, to be treated fully later in this chapter and in the next, furnished the assembly matter for discussion in the later sessions of the year. Action on municipal gov- ernment, and many minor items of legislation, will naturally come up more or less fully in connection with local annals; here it need only be stated, that not only were the older pueblo governments perfected, but ayuntamientos, or town councils, were organized at San Diego and San Francisco, where they had never existed before.22 With the abstract of proceed- ings already given, the references of this paragraph, and the mention of a grand ball given on November 1st, at the capital, in honor of this body,23 I dis- miss the legislative doings of 1834; but append at some length the reglamento of the diputacion en résumé, not only as a document of some interest and importance, but as the first book ever printed in Cal- ifornia. 24
MS., ii. 238-53, much more fully than in the Leg. Rec. proper; and the results were printed in the edict of Aug. 6th. Plan. de Propios y Arbitrios para fondos Municipales, 1834, in Earliest Printing in Cal. I shall speak of financial topics for 1831-5 in chap. xiii.
22 Leg. Rec., MS., ii. 188-9, 244-5. Figueroa's edict of Aug. 6th. Dept. St. Pap., Mont., MS., vi. 33. F.'s orders on boundaries. St. Pap., Miss. and Colon., MS., ii. 217-20; Vallejo, Doc., MS., ii. 316; xxxi. 133, 137, 140. S. Diego, Arch., MS., 30, 36, 56, 63. There is some dispute respecting S. F., but of that more elsewhere.
23 Printed invitation to this ball in Earliest Printing in Cal.
21 Reglamento Provisional para el Gobierno interior de la Ecma Diputación Territorial de la Alta California, aprobada por la misma Corporacion en sesion de 31 de Julio del presente año. Monterrey, 1834. Imprenta de A. I. Zamorano y Ca. 16mo. 16 p. I have never seen any other copy of this rare little work than that in my possession. It was presented to me by Carlos Olvera, son of Agustin Olvera.
Tit. i .- Installation .- Art. 1. Regular sessions will open May 1st, new members taking the oath before the president. 2. Sessions to close on Aug. 3Ist; but the dip. will meet in extra sessions whenever convoked by the gefe político. 3. Form of oath. 4. Then the pres. shall say aloud: 'The dip., etc., is declared legitimately constituted.' 5. One more than half the members must be present for an ordinary session.
Tit. ii .- Presidency .- Art. 6. Duties of the pres .: (1) to open and close the sessions; (2) to see that all observe 'orden, compostura, y silencio;' (3) to present all communications; (4) to determine what subjects shall be discussed,
253
TOPICS OF 1834.
There yet remain to be noticed in the annals of 1834 a few detached topics before I take up the most prominent of all, the colony. The negotiations of
giving preference to those of common utility except by agreement on motion of some vocal; (5) to give the floor alternately to the members for and against; (6) to call members to order; (7) to sign the records as soon as approved, and correspondence to the govt and to ayuntamientos; (8) to convoke extra sessions for serious motives. 7. If his ruling is objected to, one shall speak for and one against, and the majority shall decide. 8. In performing his regular duties, he may remain seated; but in discussion, he must ask for the floor and be subject to the same rules as others.
Tit. iii .- Secretary .- Art. 9. Sec. appointed by the dip. according to law of June 23, 1813, receiving for the present $50 per month. 10. Duties: (1) to keep a record of proceedings 'laconic and clear,' without criticising speeches or reports; (2) to write and sign communications from the dip .; (3) to insert in the acta of Ist day of each month a list of expedientes in various stages of advancement; (4) to lay before the dip. different subjects in the following order: Ist, the acta of preceding session; 2d, official communica- tions; 31, private communications; 4th, propositions of members; 5th, reports fixed for discussion; 6th, reports for Ist reading.
Tit. iv .- Sessions .- Art. 11. Sessions public, lasting 3 hours from 10 A. M., and longer at the request of any member. 12. Sessions on Tuesday, Thursday, and Saturday, except holidays religious and secular. 13. Secret session following the public one whenever the subject may demand reserve. 14. Any member may ask for a secret session, and the pres. will call it. 15. In a secret session will be presented: (1) confidential communications to the dip .; (2) ecclesiastical and religious matters; (3) other subjects which the pres. may deem to demand reserve. 16. Secret sessions to begin by a discus- sion whether the subject requires such a session, and to close by asking if the proceedings are to be kept strictly secret. 17. Members must be present from beginning to end, decently dressed; be seated without preference; and observe the silence, decorum, and deportment corresponding to their posi- tion. 18. A member unable to attend for serious cause must notify the pres .; but a recorded permission of the dip. is necessary for more than 3 days' ab- sence. 19. Such licenses cannot be granted to more than 2 members.
Tit. v .- Motions .- Art. 20. Motions must be presented in writing, signed by the author, to the sec., wordel like the resolution which is desired. 21. Every motion to be discussed as soon as made; the author will explain his motives, and 2 members may speak for and against; then it goes to the proper committee. 22. No prop. can be approved without first passing to the com., except by express consent of the dip.
Tit. vi .- Committees .- Art. 23. To facilitate business, committees, both permanent and special, will be appointed to examine matters and put them in shape for final action. 24. The permanent committees will be on ways and means, colonization, vacant lands, missions, government and police, municipal regulations, public works, industry, public instruction, and statis- tics. The number may be increased or diminished by the dip. 23. The dip. will also classify special com. according to nature of business. 26. The pres. must name permanent committees on the day of installation after adminis- tering tho oath. 27. A com. will consist of 2 or 3 members, but may be in- ercased by consent of the dip. 28. No member shall refuse a place assigned him on a com. 29. On granting leave of absence, the dip. will name mem- bers to replace the absentees on com. 30. The same must be done when members of a com. have a personal interest in the matter considered; neither can such interested parties vote. 31. The gefe político, or the senior vocal when acting as pres., cannot serve on com. 32. Com. must render their reports in writing, and conclude them with simple propositions to be voted
254
FIGUEROA'S RULE-HÍJAR AND PADRES COLONY.
1833 respecting the fortification and settlement of the northern frontier have been mentioned. I may add that in the spring of that year, Vallejo had made a
on. 33. A com. report must be signed by a majority; the dissenting member to give his opinion in writing. 34. Com. may call for any doc. or instruc- tions from territorial archives or offices, except where secrecy is required. 35. A receipt must be given for such doc., and they must be promptly re- turned. 36. A com. may suspend action on a subject by reporting the rea- sons, and it will be considered in secret session. 37. A com. keeping an expediente in hand over 15 days must report to the pres. 38. Any member may be present and speak in com. meetings, but without a vote. 39. The chairman of a com., the one first named, will be responsible for all expedientes delivered to him.
. Tit. vii .- Discussions .- Art. 40. Every report will have a Ist and 2d reading in different sessions, and discussion will immediately follow the 2d reading. 41. At the hour of discussion there must be read the original mo- tion, the communication that gave rise to it, the com. report, and dissenting vote, if any. 42. The pres. will give the floor to members who ask it en pro ó en contra. 43. A com. report must first be discussed as a whole, and later each article separately. 44. Members to speak alternately for and against in order of asking the floor. 45. Members of the com. and the author of the prop. may speak three times, others only twice. 46. No one can be called to order except through the pres .: (1) when an article of this reg. is infringed; (2) when some person or corporation is insulted. 47. Speaking of faults com- mitted by subordinate functionaries of the dip. is not cause for calling to order; but in case of calumny, the injured party retains his right to do so. 48. No discussion to be suspended except (1) for adjournment; (2) when the dip. may agree to give the preference to another more important subject; (3) for some suspensive motion approved by the dip. 49. Any member may call for the reading of any law or doc. to illustrate the matter under discussion, but not otherwise. 50. After the speeches according to this regl., the pres. will direct the sec. to ask if the question has been sufficiently discussed; if so a vote will be taken; if not, after one member has spoken on each side, the question will be repeated. 51. Discussion being declared sufficient, it shall be asked if the report shall be voted on as a whole; if yes, being approved in general, a discussion of the articles separately will follow; but if it be not approved as a whole, the question shall be to return it to the com. for amend- ment or not; and if the decision be in the negative, the proposition is to be considered defeated. 52. The discussion on any article being closed, it will be approved by vote, or returned to the com. 53. A report being rejected as a whole or in any of its articles, the dissenting report, if any, is to be discussed. 54. A measure having been approved may be amended by any member in writing before it is entered in the minutes; and the amendment being admit- ted shall be passed to the com .; otherwise it is to be considered as defeated.
Tit. viii .- V'oting .- Art. 55. Voting to be done in one of two ways: (1) by the rising of those who approve, while opponents remain seated; (2) by calling of names. 56. All voting to be decided by an absolute plurality of votes. 57. In case of a tie, a new vote is to be taken after discussion; if there be still a tie, the matter is to be postponed until the next session; and if there be still no decision, it is to be settled by lot. 58. No member can be excused from voting on matters subject to his deliberation.
Tit. ix. - Resolutions .- Art. 59. The resolutions of the dip. shall be offi- cially communicated to the gefe político when absent.
Tit. x .- Ceremonial .- Art. 60. Neither pres. nor members may wear arms at the sess. 61. Members presenting themselves to take the oath after the sess. arc opened must be received at the inner door of the hall by two mem- bers named by the pres. 62. The dip. when in sess. will attend as a body at religious and political ceremonies.
255
PETALUMA AND SANTA ROSA.
tour of inspection to Bodega and Ross; 25 and that in the autumn the same officer had endeavored to begin in a small way settlements at Petaluma and Santa Rosa. Ten heads of families, fifty persons in all, agreed to settle at the former place, hitherto unoccu- pied; but the padre at San Francisco Solano, hearing of the project, sent a few men to build a hut and place a band of horses at that point in order to estab- lish a claim to the land as mission property. Two or three of the settlers remained and put in crops at Petaluma, Vallejo himself having ten bushels of wheat sown on his own account. The padre's representatives also remained, and the respective claims were left to be settled in the future. Much the same thing seems to have occurred at Santa Rosa, where a few settlers went, and to which point the padre sent two neophytes with some hogs as the nucleus of a mission claim. All this before January 8, 1834.26 In his speech of
Tit. xi .- Guard! - Art. 63. The dip. will have a military guard whenever it may be deemed necessary. 64. The guard will be subject only to the orders of the pres., who shall demand it from the proper authorities. 65. The pres. is to arrange the number of sentinels and report to the dip. 66. The guard shall form in line at the entrance and exit of the pres .; and the sentinel must shoulder arms at the arrival or departure of a member.
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