History of California, Volume III, Part 5

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

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GUERRA AS CONGRESSMAN.

capabilities of the Indians; and he was engaged to- gether with José María Herrera in laying the founda- tions of what became later a very bitter quarrel. But of these topics I shall speak elsewhere. Montereyans were forming a prejudice against the new governor because he chose to live in the south. The padres disliked him because of the republic he represented and his expected opposition to their interests; but the governor attended to his routine duties in a manner that afforded little or no ground of complaint.

The diputacion had no existence since its suspen- sion by Argüello; but at the end of 1826 Echeandia seems to have ordered a new election, and on the 18th of February five electors de partido met at San Diego to choose, not only diputados to reorganize the terri- torial diputacion, but also a diputado to the national congress.3 Pablo de Sola was on the first vote chosen as representative in congress; but in view of the doubt whether Sola could be deemed a resident of California and of the urgent necessity that the territory should be represented, the vote was reconsidered, and Captain José de la Guerra y Noriega was unanimously elected, with Gervasio Arguello as substitute. The term of office was for 1827-8. Guerra did not start for Mex- ico until January 1828. His friends urged him not to go, fearing that as a Spaniard he would not be well received. Their fears were well founded, since he was not admitted to congress, and even had to hurry back

3 Dec. 5, 1826, Gov. orders that electors are not to start until further notice. Dec. 31st, he orders them to start. Dept Rec., MS., iv. 19-26. The order for an election is not extant, but it appears from another document to have been dated Nov. 14th. The five electores de partido, one for each pre- sidio and one for Los Angeles, were Francisco de Haro, S. F .; Estevan Mun- ras, Monterey; Carlos A. Carrillo, Sta B .; Vicente Sanchez, Los Angeles; and Agustin Zamorano, S. Diego. Actas de Elecciones, MS., 1-4; Dept St. Pap., Angeles, MS., x. 1; Guerra, Doc., MES., vii. 155-8, in which documents i; found the record of the action of the meeting. The only partido election of which we have a record was that at S. F. on Jan. 1, 4, 7, 8, 1827, where Haro was chosen over Joaquin Estudillo. Details given. Vallejo, Doc., MS., i. 99-102; and the only primary elections recorded were that at S. F., Id., and that at San Antonio on Nov. 26th, where Eugenio Naetre was chosen to go to Monterey and vote for the elector de partido. Det St. Pup., Bea. Mil., MS., lix. 17-19.

HIST. CAL., VOL. III. 3

ECHEANDIA'S RULE-POLITICAL AFFAIRS.

to California to avoid serious troubles, although he had left Spain at a very tender age.4 Gervasio Ar- güello, the suplente, took the seat, but failed to distin- guish himself or to be of much use to his constituents. The famous junta concluded its labors in behalf of California at the end of 1827; and in 1828 congress made an appropriation to give the territory a district judge.5

Among the acts of the supreme government, the decree of November 21, 1828, containing general reg- ulations for the colonization of Mexican territory, de- serves prominent notice. This was a supplementary decree, designed to give effect to the law of August 18, 1824,6 by establishing rules for the guidance of the territorial authorities in making grants of land, as also of petitioners who might desire to take advantage of the law's provisions. With some slight modifica- tions, these regulations were in force down to the end of Mexican power in California, and in this decade a few grants seem to have been made in accordance with them. I reproduce the substance of the rules in a note.7

4 Guerra, Doc., MS., vi. 99-100, 123, and passim. He sailed on the Maria Ester, carrying high recommendations from Echeandía. That he had not been admitted was known at home on Dec. 6th, Dept Rec., MS., vi. 46-7; and his passport to return was signed by President Victoria on Dec. 16th, and vised at S. Blas on May 16, 1829. Oct. 20, 1829, he speaks of his late penoso viaje in dunning Bandini for a debt. Hayes' Mission Book, i. 216. $1,000 of $5,000 due Guerra for milcage and salary was later collected in 1831. Guerra, Doc., MS., iv. 209-10. June ISth, Argüello from Guadalajara thanks the junta electo- ral. Dept St. Pap., MS., ii. 23. Vallejo, Ilist. Cal., MS., iii. 98, accuses Argüello of having intrigued, or at least used his influence, to keep Guerra from his Leat. A pamphlet of 1828, giving sketches of the congressmen of 1827-8, speaks of him of California as nada, or 'nothing.' Semblanzas de los Miembros.

5 The secretary of the interior mentions the completion of the junta's work in his report of Jan. 30, 1828, stating that a copy in print was distributed to members. Mexico, Mem. Relaciones, 1828, p. 22. Bustamante, Cuadro Hist., v. 64, speaks of the junta. The Aguila newspaper mentioned a set of the records of the junta for sale. Guerra, Doc., MS., iv. 175. It is remarkable that I have found none of these records in the archives.

6 See chap. xxiii., vol. ii. this work. In forming these regulations of 1828, the plans proposed by the junta de fomento in 1825 were doubtless taken into consideration and adopted to a certain extent. See chap. i. of this volume.

7 Mexico, Reglamento para la colonizacion de los territorios de la república. 21 de Noviembre de 1828, MS. Translation in Halleck's Report, App. No. 5; Dicinelle's Colon. Hist. S. Francisco, Add. 25-6; Wheeler's Land Titles, S-9; i. Rockwell, 453.

1. Governors of territories may grant vacant lands to such persons, Mexi-

CONSTITUTION FOR CALIFORNIA.

On May 12, 1827, the junta de fomento presented an iniciativa de ley, or general system of laws for the federal district, with the recommendation that the same be adopted by the government, as a kind of constitution for California and the other territories. There is no evidence that it was so adopted; and in- deed, I find nothing to show that any general system of organic law was ever adopted as a whole; but it would seem that the different branches of territorial government were provided for by separate laws as needed from time to time.8

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can or foreign, as will inhabit and cultivate them. 2. A person desiring lands shall, in a petition to the governor, express his name, country, etc., and shall describe the land by means of a map. 3. The governor shall at once ascertain if the conditions, as regards land and claimant, are those required by the law of 1824, and may consult the respective municipal authority. 4. This done, the governor may accede or not to the petition, according to the laws. 5. Grants to families or private persons shall not be valid without the previous consent of the diputacion, to which body the expediente shall be forwarded. 6. Not obtaining the approval of the diputacion, the governor shall report to the supreme government, with the necessary documents for its decision. 7. Grants to contractors for many families will not be valid until approved by the supreme government, to which must be sent the necessary documents, including the approval of the diputacion. S. The governor shall sign a document to serve as a title to the party interested. 9. A record shall be made, in a book kept for the purpose, of all petitions and grants, including maps; and a quarterly report must be made to the supreme government. 10. No contract for a new settlement will be admitted, unless the contractor binds himself to intro- duce as settlers at least twelve families. 11. Non-compliance with the terms within a proper designated period shall invalidate the grant; but the governor may revalidate it in proportion to the part fulfilled. 12. The colonist will prove compliance with his contract before the municipal authority, in order, on the necessary record being made, to secure his right of ownership, with power to dispose of it. 13. New settlements shall be built with all possible regularity, and shall follow the rules of existing laws for other settlements. 14. The minimum of irrigable land to one person shall be 200 varas square; of agri- cultural lands, 800 varas square; and of grazing lands, 1,200 varas square. 15. Land for a house-lot shall be 100 varas. 16. Spaces between colonized lands may be given to adjoining proprietors who have cultivated their lands with most application, and have not received the full amount allowed by the law; or to their children, who may desire to combine the possessions of their families. 17. In those territories where there are missions, the lands occu- pied by them cannot be colonized at present.

In Halleck's Report, 121-2, a law of April 6, 1830, is cited, which anthor- ized the reservation or taking of lands for forts, etc .; and also repealed art. 7 of the law of 1824 by prohibiting frontier colonization by adjacent foreign- ers. At least twice in these years, Oct. 7, 1827, and July 15, 1830, general orders were issued in California for owners of lands to appear and give in- formation about them and the titles. Olvera, Doc., MS., 1; Dept St. Pap., Ben. Mil .. MS., Ixxi. 3.

8 For an account of the acts of the junta de fomento, see chap. i., this volume. Of this iniciativa de ley, I shall not attempt to present more than a brief résumé or framework, as follows: 1. Attributes of the president as gov-

ECHEANDÍA'S RULE-POLITICAL AFFAIRS.

The junta of electors at San Diego, on February 19, 1827, also chose seven vocales, or members, and three suplentes, or substitutes, for the territorial dip- utacion, which was ordered by Echeandía to convene at Monterey a little later. It does not appear that he made any effort to have the sessions held in the south. The body assembled at the capital on June 14th, but several changes were necessary in its per- sonnel to keep a quorum in attendance.9 The gov- ernor now came north for the first time to preside at the meetings, and doubtless directed in great measure the legislative policy. The town was illuminated on

ernor of the federal district, who delegates his powers to a governor for each territory, reserving, however, the power of this and other appointments, with other faculties. 9 articles. 2. Attributes of the governor of the Californias. Appointed for 4 years, but removable at any time by the president, 35 articles. 3. Lieut .- governors, one for Upper and one for Lower California, appointed by the president for 4 years. 8 articles. 4. Council of govern- ment, 4 persons for Alta California, clected by the people for 4 years. 10 articles. 5. Ayuntamientos of alcalde, 3 regidores, and síndico for a popula- tion of 500 in Alta California. Elected, alcaldes yearly. 26 articles. 6. Administration of justice. Civil, 8 articles; criminal, 22 articles. 7. Judges learned in law; 5 in Alta California. 8 articles. S. Superior tribunal of justice, consisting of a president and 2 ministers; no salary; 15 articles. 9. L'cclesiastical government under bishop of Sonora; 9 articles. 10. Military government under governor as comandante militar; 15 articles; with recom- mendations of strengthened defences, a comisario de guerra, and a military academy. 11. Navy, recommendation of a maritime force at S. Francisco and Monterey; and transfer of the navy-yard of S. Blas to Monterey. 7 articles and 3 notes. 12. Treasury and revenue, 4, 9 articles. 13. Commerce, 8 articles. 14. Subdivision of Alta California into 4 districts (practically agreeing with that which I have always followed); adopted by the junta on June 26, 1826. There is attached to the iniciativa also the voto final of the junta, dated May 13, 1827, and containing general conclusions on the pros- pects of the Californias and the labors of the board.

9 The members elected on Feb. 19th were, in the order of their seniority: Ist, Mariano Estrada, 2d, Tiburcio Tapia, 3d, Ignacio Martinez, 4th, Antonio Ma Ortega, 5th, Juan Bandini, 6th, Anastasio Carrillo, 7th, Antonio Buelna, Ist, Supl., Nicolás Alviso, 2d, Joaquin Estudillo, 3d, Romualdo Pacheco. Actas de Elecciones, MS., 4-5; Dept St. Pap., Ang., MS., x. 1. All seem to have been pres- ent at the first session or within a few days, but they were called away by private or military business until, on Sept. Ist, the two remaining vocales, apparently Estrada and Buelna, had to call in the ayuntamiento of Monterey, and with the aid of that body elect 5 provisional members, who lived in or near the capital and could be depended on. They were Francisco Pacheco, Estevan Munras, Juan José Rocha, Mariano G. Vallejo, José Castro. Sworn in on Sept. 19th. How the whole body now stood as respects seniority does not appear. Lieut- Martinez at first served as secretary, but on June 26th, Juan B. Alvarado was duly chosen, and awarded a salary of $25 per month. Leg. Rec., MS., i. 47-39; Dep! Rec., MS., v. 67, 73, 75, 82, 87; Vallejo, Doc., MS., ii. 170; Dept St. Pap. S. José, MS., iv. 47: Il. Monterey, vi. 3-1. Alvarado's salary was to be pail from the municipal funds of MI atercy.

ACTS OF THE DIPUTACION.

the night of the 13th, and sessions were held at short intervals until the 20th of September. The subjects considered were mainly those connected with com- merce and finance, and especially with Herrera's ad- ministration of the revenues. Reserving those topics for other chapters, I append in a note an abstract of the legislative proceedings.10

10 June 14th, oath of office taken by diputados before Echeandia, and Mar- tinez chosen temporarily as secretary. June 16th, Comisario Herrera took the oath. A reglamento for the dip. was begun and completed at the next ses- sion of June 19th. Details of routine rules for business need not be given; suffice it to say that these rules were somewhat carefully prepared. There were to be two regular sessions of 3 hours each week, each including a secret meeting. The members were to be divided by the president into 3 sections or committees: Ist, on missions and finance, 3 persons; 2d, on police regu- lations, 2 persons; 3d, on education, agriculture, industry, and govt of the dip., 2 persons. The committees named were: Ist, Ortega, Bandini, and Martinez; 2d, Estrada and Tapia; 3d, Carrillo and Buelna. June 23d, Estrada's prop. that vessels be allowed provisionally to touch at the minor landing- places with the governor's consent, approved and referred to committee. Bandini introduced a manifiesto urging certain changes and reductions in duties; that the supreme government be asked for teachers for a college or academy; and that Los Angeles be declared provisionally the capital of the territory, with the title of city. June 26th, tax on wine and brandy regulated according to report of committee on finance. In afternoon Alvarado elected secretary, Martinez resigning. June 2Sth, sec. sworn in. Additional regula- tions of the liquor traffic. June 30th, July 2d, liquor traffic continued. Mar- tinez allowed to join his company in S. Francisco. July 7th, liquor regulations concluded. Bandini's proposition to make Los Angeles the capital taken up, but noaction. Gov. proposed a change in the name of the territory. See text. July 13th, Echeandía's proposition discussed and approved, subject to decision of supreme government. Ortega notallowed toretire until Bandini should come. Contador appointed. July 16th, petition from padres that vessels be allowed to touch at the landings of Sta Inez and Purísima. No power to act. July 17th, 18th, 20th, Sept. 19th-20th, action on revenue matters, involving the investi- ation of charges against Herrera, and resulting measures directed against him. Sce chap. iii. Pacheco as vocal suplente sworn in on July 20th. July 24th, long discussion on Bandini's commercial propositions, in which Comisario Herrera took part. See chap. iii. Contador Gonzalez takes oath of office. Bandini and Tapia granted leave of absence; Suplentes Estudillo and Alviso summoned. July 31st, Aug. 4th, 9th, 11th, 17th, Sept. 12th, regulations re- specting live-stock and branches of commerce and police therewith connected. Alvisoswornin Aug. 4th. Aug. 17th, Echeandia reports having ordered the pre- fcet to establisha school in each mission. Sept. Ist, ayuntamiento called in and 5 new members elected provisionally. See note 9. Sept. 11th, report receive l of removal of a local officer at Los Angeles. The next session regularly recorded, after Sept. 20th, was on July 10, 1830. Leg. Rec., MIS., i. 47- 104. Incidental mention, Arch. Arzob., MS., v. pt. i. 34; St. Po.p., S.c., MS., xix. 39; Dept Rec., MS., v. 50, 126. June 22d, Echeandia to minister of relations asks if the sub-comisario should attend as intendente, and if he and the writer should have a vote. Alvarado, Ilist. Cal., MS., ii. 118 21, represents; Echeandía as having opened the sessions with a long discourse, in which he explained the situation of the territory, the policy of Mexico, and all that ho had done since his arrival. This writer states that all the act ; of the diputacion in 1827-9 were really the work of Echeandia. Duhaut-Cilly,

ECHEANDIA'S RULE-POLITICAL AFFAIRS.

One act of this diputacion merits further notice, which may as well be presented in the words of the original record: "The committee presented the prop- osition made by his excellency the president at the session of the 7th-this being July 13th-namely, that there be proposed to the supreme government a change in the name of the territory, and also in that of the Pueblo de Los Angeles, in order to distinguish the lat- ter from the city of Puebla de Los Angeles, capital of the state of Puebla, which after close examination the committee reported for discussion, with the sugges- tions that the territory be named Moctezuma, and that to the pueblo be given the name of Villa Vic- toria de la Reina de Los Angeles; also that there should be proposed to the supreme government as a coat of arms for the territory ' an Indian with plume, bow, and quiver, in the act of crossing a strait, all within an oval having on the outside an olive and an oak,' in memory of the first peopling of these Amer- cas, which according to the most common opinion was by the strait of Anian; all of which, after sufficient discussion, was approved." So far as the records show, no attention was paid to this proposition in Mexico, and fortunately California escaped the burden of a new and inappropriate name, founded on one of the least reliable traditions of American antiquity.11

Echeandía did not extend his tour northward to San Francisco, perhaps not beyond Monterey; and I have not been able to find the general report on the

Viaggio, i. 282, who attended some of the meetings, tells us the diputados were mere puppets in the governor's hands. Echeandia would make a propo- sition supported by specious pretences and prosy arguments; sometimes by previous agreement one or two trusted ones would offer some weak objection for the president to overthrow; if any other dared to oppose, he was inter- rupted with a reprimand; did any one wince at the last moment, a look con- trolled his vote. This, of course, though amusing, is grossly exaggerated.

11 Leg. Rec., MS., i. 62-3. On Nov. 3d, Echeandía forwarded this act to the secretary of relations, Dept St. Pap., MS., ii. 44, and he included with it the proposition to make Los Angeles the capital as well as a villa, though the legislative record does not show the diputacion to have approved Bandini's motion to that effect. Taylor mentioned this proposed change of name in a newspaper article, and from him apparently it was taken by Tuthill. Hist. C'al., 123.

· GONZALEZ AND THE GOVERNOR.

condition of the country which he probably made as a result of his inspection.12 For reasons with which the reader is familiar, Echeandia had a somewhat cool reception at Monterey; but by his policy at the cap- ital he did much to remove the current prejudice, and to gain the good will of that class of Californians which constituted the progressive republican element. His course in the Herrera quarrel pleased Estrada and his large circle of friends, and he disavowed certain unpopular sentiments which his foes had attributed to him, such as approval of making California a penal colony.

Another affair which helped to give Echeandía a better standing at Monterey was his method of deal- ing with Captain Miguel Gonzalez. This Mexican officer had by virtue of his rank held the place of comandante de armas since 1826, greatly to the dis- gust of lieutenants Estudillo and Estrada, and of all the Californian officers and soldiers. Gonzalez is said-by his enemies, it must be remembered-to have been an ignorant, brutal, and despotie man, popularly known as El Macaco, the 'ugly ape.' The regular cavalry company, officers and men, accused him of arbitrary acts, and of partiality to the Mexican troops of his own artillery detachment and the others; while he complained of insubordination on the part of the Californians. It is not very important, even if it were possible, to investigate the details and merits of this quarrel. Mexican and Californian officers were in- clined to look down, cach upon the other, from a height of superiority; but the revolution gave commis- sions to many ruffians, and there is no special reason to doubt that Gonzalez was one of them. In Febru- ary 1827 he wrote long and somewhat incoherent complaints to Echeandia, asking to be relieved of his

12 Alvarado, IIist. Cal., MS., ii. 127-35, says he was received enthusiasti- eally at Sta Bárbara, contrary to his expectations, founded on the influence of the friars there; yet it was at this very time that two padres at Sta B. fled from Cal., as we shall see elsewhere. Vallejo, Hist. Cal., MS., ii. 266-71, notes a grand reception at San José, and a rather eool one at Sta Clara.

ECHEANDÍA'S RULE-POLITICAL AFFAIRS.

command, but refusing to be subordinate in any way to Estrada or Argüello. Usurping Estrada's author- ity over the presidial district outside of Monterey, he put that officer under arrest; but Echeandía affirmed Estrada's powers and ordered his release.13 When the governor came to Monterey in May, he soon took sides against Gonzalez, administering frequent repri- mands, and finally in November ordered him to pre- pare for a march to Santa Bárbara, in order that peace might be restored by his absence. How far Echeandía was influenced by the fact that Gonzalez was the friend and father-in-law of Herrera,14 we have no means of knowing.15 It would appear that Gon- zalez did not accompany Echeandía to the south in? December, or that he returned immediately; for in February 1828 he was suspended from his command and put under arrest at Monterey by Estrada, at the governor's order, after some investigations had been conducted by Lieutenant Pacheco. At the end of the year he was ordered to leave the country on the María Ester, in accordance with instructions of May 31st from Mexico; but he was at San Diego as late as April 1830.16

13 Feb. 22, 24, 1827, Gonzalez to gov. Dept St. Pap., MS., ii. 2-7, 10-11. March 6th, Apr. 10th, gov. to Gonzalez. Dept Rec., MS., v. 32, 36-7.

14 Of Doña Alfonsa, the beautiful wife of J. M. Herrera and daughter of Capt. Gonzalez, we shall hear more in later years.

15 June 13th, Gonzalez to gov., protesting against firing a salute on corpus cristi day. Dept St. Pap., MS., ii. 25. July 14th, 27th, Sept. 27th, Nov. 16th, 19th, 20th, 21st, gov. to Gonzalez, with repremands for misconduct and disre- spect-including the shooting at an alcalde, and allowing his wife to meddle in official business. The order to prepare to march for Sta Bárbara was on Nov. 16th. Nov. 21st, gov. toalcaldes, stating his orders for Gonzalez' depart- ure and forbidding any insulting or sarcastic remarks about that officer or his men or his family. Dept Rec., MS., v. 64, 69-70, 92-3, 108-I1.

16 Dec. 15, 1827, Pacheco ordered to continue investigations. Dept Rec., MS., v. 117. Feb. 14, 1828, Echeandía to Gonzalez, ordering his suspension and arrest for intrigue among the troops to keep himself in power; for dis- turbances at various places; for ignorance, disobedience, and inciting of in- subordination. Id., vi. 183-4. Feb. 22d, Estrada has arrested Gonzalez. St. Pap., MS., xii. 13. Feb. 29th (?), Echeandía's order to Estrada. Dept St. Pap., ii. 73. Nov. 9th, gov. orders Gonzalez to leave on the Maria Ester. Dept Rec., MS., vi. 131. Dec. 22d, to same effect. Id., vi. 161. Dec. 9th, however, he was ordered across the frontier by land en route to Loreto. Id., vii. 260. Apr. 23, 1829, testimony of Gonzalez at S. Diego about a statement in a Mexican newspaper that he had destroyed a Spanish flag. Dept St. Pap., Ben. Mil., MS., Ixxx .- vii. 72. Feb. 5, 1830, order from secretary of

ELECTIONS OF 182S.

Back at San Diego in April 1828,17 Echeandía summoned his diputados to assemble, presumably at San Diego;18 but there is no record of any action of the body this year, and little or no evidence that it met at all, except perhaps, as Alvarado says, to protest against the holding of meetings out of the capital, to listen to Echeandía's views on the subject, and to adjourn. 19 Later in the year, however, at an electoral junta held at San Diego on October 6th, the diputacion was re- organized by the choice of four new members.20 All

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History of California, Volume III, Part 5

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