History of California, Volume III, Part 6

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

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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).

war for Gonzalez to proceed to Mexico. Sup. Gort St. Pap., MS., vi. 1. Inocente García, Hechos, MIS., 40, 44, says that one of the offences for which Gonzalez was sent away was the arbitrary infliction on him, García, of 100 palos without trial, and he not being a soldier. Bcechey, Voyage, ii. 57, 85, speaks of Gonzalez as having risen from the ranks by his own merit.

li En résumé, E., as shown by his corresp., had left S. Diego late in March 1827; was at Sta Bárbara during a large part of April; arrived at Monterey about the middle of May, and left there late in Nov .; was at Sta B. from Dec. until March; and returned to S. Diego carly in April.

18 April 10, 1828, Echeandía's summons to Estudillo, Alviso, Buelna, Ortega, Bandini, and Tapia to meet as agreed upon at the close of the last sessions, but not naming the place. Dept Rec., MS., vi. 198. Buelna and Anastasio Carrillo mentioned as members in Sept. Id., vi. 92. Aug. 9th, E. orders Habili- tado Domingo Carrillo (of S. Diego) to pay out of the municipal funds Alvarado's salary of $25 per month as secretary. Id., vi. 81. Other indications of Al- varado's presence as secretary at S. Diego as late as Dec. Dept St. Pap., Ben. Mil., MS., Ixvi. 90-1. Alvarado's own version is confused in respect to dutes, representing a first visit to S. Diego as having been in 1826, before E.'s visit to the north.

19 Alvarado, Ilist. Cal., MS., ii. 139-40; iii. 14-22, tells us that when the diputados arrived at S. Diego they sent him as secretary to inform the governor of their presence and that they awaited his message. The first act on assez)- bling in the large hall of the comandancia was to protest on motion of Buelna against meeting away from the capital. Echeandía received the protest courteously, and a few days later explained his theory that as comandante general he had the right to live where he could do most for the interests of the country, that is in his opinion at S. Diego. The diputacion replied that if he had that right, it as a body had it not, but was required by law to meet at the capital under the presidency of the senior vocal in the absence of the gefe político. Echeandía replied: 'I do not object. Let the diputados rs. turn to Monterey if they like.' The governor, however, had some resentment against Alvarado, in whose handwriting was the protest. Soon, on accords of a quarrel with P. Menendez, chaplain of the troops-a Dominican where wine he had been drinking and whose sermons he had been writing-Alvarado was summoned before the gefe político, and reprimanded for disrespect to a friar. A stormy scene followed, in which the young secretary-so he says -- crowded Echeandía into a corner, pretended to have a dagger, and fina .y induced him to become calm, talk the matter over, and listen to reason. They parted friends, and E. went so far as to explain his real reason for choosing to live at S. Diego, viz., his fear of Herrera and his confederates, who had plotted to seize him and send him to Mexico !

20 These were Carlos A. Carrillo, Pio Pico, Vicente Sanchez, and José Tiburcio Castro, as 1th, 5th, 6th, and 7th respectively. Acias de Elecciones, MS., S; Leg. Rec., MIS., i. 127; Dept St. Pap., S. José, MS., ii. 12; Dept Rec.,

ECHEANDÍA'S RULE-POLITICAL AFFAIRS.

were summoned to assemble at San Diegoon January 1, 1829; and they seem to have done so, part of them, at least, only to prove unmanageable, and to be dismissed by the gefe político. Immediately after the suspen- sion of the southern session, a summons was issued for the diputados to convene at Monterey June 1st, and proceed to public business under the presidency of the senior vocal; but I find no evidence that any such meeting was held; in fact, Echeandía himself had no confidence that his summons would be heeded. Thus it may be said that in 1828-9 the legislature was not in session.21

In December 1829 Echeandía started northward again, and on the way summoned the diputacion to meet, this time at Santa Barbara by reason of the troubles at Monterey. Possibly the body did assem- ble there, but only to adjourn;22 for the troubles, to

MS., vi. 108. At the same time Manuel Dominguez, Salvio Pacheco, and Carlos Castro were chosen as Ist, 2d, and 3d suplentes. The first three places were held respectively by Bandini, Anastasio Carrillo, and Buelna, who held over from the old board. St. Pap., Sac., MS., xix. 42-3.

21 Dec. 1828, summons to Pico, Sanchez, and Dominguez to meet at S. Diego on Jan. Ist. Dept Rec., MS., vi. 159. Feb. 19, 1829, gov. permits Domin- guez to retire because it is impossible to have any session, 3 of 5 members having refused to attend. Id., vii. SS. May 22d, gov. says that the diputados sum- moned to S. Diego had not wished to come on account of the illegality of meeting except at the capital ; therefore he asks them to go on at Montercy without his presence. Id., vii. 164. April 10th, gov. tells the minister of rela- tions that he suspended the junta on account of its 'desorganization,' attri- butable largely to the influence of Vicente Sanchez, prompted as he believes by Herrera. He proceeds to give a description of each of the 10 members in respect of character, ability, education, and property-in no case a flattering picture. Doubts that the diputados can be induced to leave their private affairs to meet even in Monterey. Id., vii. 4-6. It does not seem likely, however, that Sanchez, a Los Angeles man, should have plotted in favor of Monterey. Don Pio Pico, Ilist. Cal., MS., 17-19, says that at S. Diego there was just a quorum, and that he prevented the session by insisting on its being held at Angeles, and withdrawing when his wish was not followed. He also went to Monterey. and met Jose T. Castro, the only other proprietary member present. April 9th, summons to convene at Monterey June Ist. Dept Rec., MS., vii. 128. May 10th, Wm. A. Gale, in a letter to Cooper from S. Pedro, mentions the meeting ordered for June Ist. Vallejo, Doc., MS., xxix. 354. It seems that Sanchez was suspended from his position as dipu- tado in the course of this affair. Dept Rec., MS., vii. 260.

22 Dee. 8, 1829, E. from S. Gabriel to Sanchez, Pico, and Bandini, revoking the suspension of the first, and urging all to hasten as patriots to Sta Bárbara, in view of the critical condition. Dept Rec., MS., vii. 260. Jan. 18, 1830, similar summons to the Carrillos. Id., viii. 10. Feb. 5th, E. to comandante at Monterey, states that the diputacion did mect to devise means for the restoration of tranquility. Dept St. Pap., MIS., ii. 128.

SESSIONS OF THE LEGISLATURE.

be described in the next chapter, having passed, the governor went at the end of March to the capital, where he succeeded with some difficulty in getting together four of the vocales,23 and regular sessions were held from July 10th to October 7th, save that for one month during this period the members were allowed leave of absence to attend to their harvests. I append in a note an abstract of legislative action, much of which is noticed more fully elsewhere in connection with the special topics treated.24

The electoral junta which met at San Diego and

23 Dept Rec., MS., viii. 25, 53, 61; Dept St. Pap., Ben. Mil., MS., ii. 4; Leg. Rec., MS., i. 130. The four were Buelna and José T. Castro, with Sal- vio Pacheco and Carlos Castro as suplentes. Other members came in later. 21 July 10th, the four members sworn in. Alvarado was still secretary. Castro and Buelna were named for Ist committee; Pacheco for the 2d; and ('árlos Castro for the 3d. July 14th, a proposition was presented by the com- mittee on education, that schools be established at such missions as had none. July 16th, Juan B. Alvarado was appointed contador de propios y arbitrics (municipal treasurer), in accordance with a decree of the cortes in 1813. Sal- ary, $15 per month. July 16th, secret session. Regulations on the proposed mission schools. July 20th, the matter of instructions to the newly appointed contador was referred to a com. The reglamento adopted in 1827 was modified in some respects, the changes including provision for 3 sessions : week, on Tuesday, Thursday, and Saturday. The president then submit- ted to the diputacion his plan for changing all the missions into pueblos. Sce chap. iv. July 23d, voted $30 dollars a month to I'. Menendez as chaplain. The president made a speech on the necessity of making a beginning of e tablishing an ayuntamiento at Monterey and Sta Bárbara, according to the bando of Dec. 15, 1820, and decree of June 23, 1813, and consequently of assigning bounds to pueblo lands. A salary of $20 per month was voted for the teacher of S. Diego. July 24th, boundaries of the egidos of Monterey were fixed. See local annals. July 28th, boundaries of the jurisdiction of Monterey, continued. July 20th, same subject, continued. Also the secu- larization project taken up, and the first articles approved. See chap. iv. July 31st, Aug. 3d, approval of Echeandia's secularization plan concluded. Aug. 6th, the subject of convict settlers discussed, the dip. strongly disapproving the sending of any more of them to Cal., expressing a desire to get rid of those now here as soon as possible, but approving Echeandia's plan of a public workshop for such as had trades. It was voted to ask the sup. govt that only good and useful families be sent in the future. Aug. 10th, a reglamento in 6 articles for the contador de propios y arbitrios discussed and approved. Details of keeping the books of the office, cte. Aug. 13th, establishment of two convents approved as a supplement to the secularization project. Aug. 17th, a tariff of duties on timber established. See chap. v. Aug. 21st, 24th, certain members ask and receive leave of absence for 15 days. Others were to be summoned, but it seems this was not a success, since there wero no more meetings for more than a month. Sept. 29th, at Bandini's request the difficulties of getting a quorum in attendance were put on record. Sept. 30th, approval of land grants to Ignacio Vallejo and Dolores Pico, in accordance with the colonization law of Nov. 24, 1828. Oct. 7th, sessions closed because several members wished to go home to attend to private business. Leg. Rec., MS., i. 130-72.

ECHEANDÍA'S RULE-POLITICAL AFFAIRS.

chose the diputacion whose acts I have just recorded assembled in obedience to a proclamation issued by Echeandía on July 30, 1828, which not only ordered an election, but prescribed in detail the methods to be followed.25 The primary object was to elect a mem-

25 Echeandia, Bando sobre Elecciones, 1828, MS. This document was in substance as follows: 1-2. Elections to be primary, or municipal; secondary, or of the partido; and tertiary, or territorial. Must be accompanied by pub- lic prayers. 3-6. Primary juntas shall include all citizens over 18 years of age resident in the partidos. Sentenced criminals, men morally or physically incapable, vagabonds, and domestic servants were not voters. 7-2. Primary elections to be held on 3d Sunday in Aug. in plaza of the 4 presidios and 2 pueblos, presided by comandantes and alcaldes, in the morning after mass, a secretary and 2 inspectors being chosen. 10-12. Challenging voters, etc. 13. Municipal electors to be chosen as follows: S for S. Francisco; 5 for S. Jos.'; 9 for Monterey; 7 for Sta Bárbara; 7 for Los Angeles; and 13 (?) for S. Di- ego. 14-15. Method of voting. The voter to repeat the names of his candi- dates, to be written down by the sec. He may have the names on a list, which the secretary must read aloud. 16-17. The president to announce the result. A tie to be decided by lot. Each elector chosen to receive a copy of the acta. 18-22. A candidate must be a citizen, etc .; 25 years old, or 21 if married; able to read and write; holding no office, civil, military, or ecclesias- tical. Cannot excuse himself. No weapons at the election. No other buci- ness to be done by the junta. 23-5. Secondary juntas, or partido elections, to be held on Ist Sunday in Sept., at same places as the primary; under same presiding officer; composed of the municipal electors before chosen. 26-3. Three days before the clection the electors meet and choose a secretary and 2 inspectors. Next day, credentials presented. Next day, report on creden- tials. 29-32. Election by secret ballot. If no one has a majority, there must be a 2d ballot from the 2 highest candidates, a tie being decided by lot. Three votes at least required for election. 33-5. An elector de partido must have 5 years' residence in the partido in addition to the other qualifications. (See 18-22.) Credentials, a certified copy of the acta, given to the successful candidate, and also sent to the president of the territorial junta. 36-8. Ter- tiary or territorial junta to consist of the 6 electores de partido, and to mect at S. Diego on Ist Sunday in Oct. being presided by the highest political authority present. 39-41. Preliminary meetings for 3 days, as in secondary clections. 42-6. Election first of a diputado, and then of a suplente. Method as before, except that the meeting must be with open doors, the voting viva voce, and 5 electors at least must take part. 47-52. Quali.i- cations for a diputado to congress: 25 years of age, and two years of citizen- ship in the state if not born in it; 8 years of citizenship, and an cstate of SS,000 or income of $1,000, if not born in Mexican territory. Property qual- ification not required of those born in Spanish America who have not joined another nation. Certain high officials debarred. 53-6. Method and form of credentials. 57. The day after this election of a congressman, the junta is to renew the territorial dip. by electing the new members required, in the same manner as before. 58. After the election, all officers, electors, and clecs shall pass to the church, where shall be sung a solemn te deum of thanksgiving.

On pp. 125-30, in continuation of the preceding bando, there are partial records of the primary and secondary elections at the different places except S. Francisco. The electors who met at S. Diego were Miguel Gonzalez de Alava, for S. José; José Tiburcio Castro, for Monterey: Francisco Atanasio Cota, for Sta Bárbara; Manuel Dominguez, for Los Angeles; and Agustin V. Zamorano, for S. Diego. Leg. Rec., MS., i. 126; Dept Rec., MS., vi. 107; Actas de Elecciones, MS., C-7. In the last-named authority, the election of

MAITORENA FOR CONGRESS.

ber of congress to take the place of Gervasio Argüe- llo for the term of 1829-30; and on Sunday, Octo- ber 5th, Lieutenant José Joaquin Maitorena of Santa Bárbara was chosen for the place, with Santiago Ar- güello as substitute. This was a most extraordinary choice; for Maitorena, though honest enough and good-natured, was unreservedly given up to drunken- ness, and had retained his place in the Santa Bárbara company only because he had when sober some skill as an accountant. There were times, generally fol- lowing illness and confinement in the calabozo, when, like Rip van Winkle, he 'swore off"; perhaps it was in one of these sober intervals that he was elected to con- gress. But the honor was too much for the poor fel- low. He was very drunk at Tepic, where he was the object of much ridicule; he seems not to have been in a condition to take his seat as diputado, and he died in Mexico about the time his term of office ex- pired.26

Maitorena by 3 votes and Argüello by 4 is recorded, as also in St. Pap., Sac., MS., xix. 48; Dept. St. Pap., S. José, MS., iv. 74; and Leg. Rec., MS., i. 130. Echeandia's bando is also found in Dept. St. Pap., S. José, MS., iv. 53-71. Aug. Ist, E. orders comandantes and alcaldes to publish the bando. Dept. Rec., MS., vi. 74. Nov. 1328, Jan. 1829, E. orders Maitorena to start for Mexico. I.l., vii. 70; vi. 128. June 25, 1829, Echeandía explains to minister of justice the arrangement of election districts, S. Gabriel and S. Fernando being joined to Los Angeles, and Sta Clara and Sta Cruz to S. José. Id., vii. 23.

26 José Joaquin Maitorena entered the military service as a soldado distin- guido, his father having been an officer in 1800; came to Cal. in 1801 as cadet in the Sta Bárbara company; was made alférez in 1806; and after several rec- ommendations from governor and comandante he was finally promoted to be lieutenant of the company in 1827. Prov. St. Pap., MS., xxi. 58; Dept. R.c., MS., v. 39, 121-2; Doc. Ilist. Cal., MS., iv. 655-6. 1816-21, corresp. of Sola and Guerra, with frequent mention of Maitorena's drunkenness, and the result- ing troubles to his family as well as to the public service. Guerra, Doc., MS., iii. 95-6, 101, 113; iv. 4, 16-19, and passim; Pror. St. Pap., MS., xx. 110. From 1822 to 1827 little is said on the subject, and it is probable that Don Joaquin behaved himself better than before. His actions at Tepic, where he stayed two months on his way to Mexico, are described in a letter of Manuel Varela, dated Tepic, Aug. 1, 1829. Guerra, Doc., MIS., vi. 133-7. 1Ie was constantly intoxicated; attracted the attention of everybody by his foolish actions and re- marks; was initiated into a mock lodge of masons; and had a ludicrous quarrel with the treasurer to whom he applied for money on account of his ciuti os. Cor- los Carrillo, in a letter from Tepic of April 2, 1831, gives the remaining details of Maitorena's life as learned from Navarro, the member from Lower C'al. In Mexico he was rarely in his right mind, and was not deemed in a fit condition to take his seat, though his credentials were admitted, and part of his salary was paid. He died probably late in 1830 of apoplexy caused by his dissipa- tion. Guerra, Doc., MS., iv. 199-200. The vagaries of this congressman are

ECHEANDÍA'S RULE-POLITICAL AFFAIRS.

Thus California was not represented in the congress of 1829-30, for there is no evidence that Santiago Argüello went to the national capital at all; yet the territory received some slight notice from the Mexican authorities. The minister of the treasury department included in his report some information respecting Californian finances,27 which, so far as it is intelligible, will be utilized elsewhere. The military establishment was also honored with brief mention, and an ayudante inspector, an officer unknown in California since the time of Captain Soler, was sent to aid General Echean- día, in the person of Lieutenant-colonel José María Padres, who came up from Loreto in the summer of 1830.28 To supply another urgent need of the terri- tory, where there were as yet no lawyers, the licenci- ado Rafael Gomez was sent to California as asesor, or legal adviser. He arrived about the same time as Padrés, and took the oath of office at San Diego on August 18, 1830.23 The political struggles, revolu-

also noticed in Alvarado, ITist. Cal., MS., ii. 122-6; Fernandez, Cosas de C'al., MS., 33-7; Vallejo, Hist. Cal., MS., ii. 18-24. Alvarado attributes to him many good qualities, although admitting his faults. Maitorena left some kind of a quarrel with Capt. Miguel Gonzalez, which both Gov. Victoria and Gov. Figueroa were ordered to investigate; but finally in 1834 Capt. Zam- orano suggested that, Maitorena being dead, the matter might as well be dropped. Dept. St. Pap., Ben. Mil., MS., Ixxiv.

27 Mexico, Mem. Ilacienda, 1830, annexes 24, 33, 37, 41, 43, 44, 52, 56, 57, 64. Aug. 17, 1829, law imposing a forced loan on California with other ter- ritories, and discounting salaries. Sept. 15th, decrees creating a fund for the war against Spain ; but exempting the troops of California from the discount on pay, on account of their position on an Indian frontier. Arrillaga, Reco- pilacion de Leyes, 1829, p. 214-23; 1831, 24-36, 48.

28 In Mexico, Mem. Guerra, 1830, annex. 1-3, the force in the Californias is given as 422 cavalry, supported at a cost of $131,440. Feb. 11, 1830, order to merge the S. Blas company into the regular presidial companies. Sup. Gort St. Pap., MS., vi. 2. Arrival of Padres at S. Diego on the Leonor on July 1, 1830. Sup. Gort St. Pap., MS., vi. 9; Carrillo (J.), Doc., MS., 27-8; Dept. St. Pap., Ben. Mil., MS., Ixxii. 21.

20 Gomez's taking possession of the office. Dept. St. Pap., S. José, MS., iv. 91; Id., Mont., vi. 6; Id., Ben. Mi., Ixxii. 21, 42; Dept. Rec., MS., viii. 92. He had a salary of 83,000. The law creating the office seems to have been dated July or Aug. 20, 1820. In his report of Jan. 1831 the sec. of justice recommended that the asesor be made judge as well, with appeal to the near- est circuit court instead of Mexico, on account of the great distance. Mex.co, Mem. Justicia, 1831, p. 7, annex 4. Mexico, Mem. Hacienda 1832, annex N. Oct. 12, 1820, Virmond from Mexico announces the appointment of the fol- lowing officers for California: Rafacl Gonzalez, administrator of customs at Monterey; Manuel Jimeno Casarin, contador of custom-hoase; Francisco Perez

A PENAL COLONY.

tions, and counter-revolutions for the presidency, be- tween Gomez Pedraza, Guerrero, and Bustamante, in the years 1828-30, made no impression, in fact were hardly known, in California.30 Other national meas- ures, with a single exception, require no special atten- tion. 31

The exception was in the matter of utilizing Cali- fornia as a penal colony for Mexican criminals. A small number of convicts had arrived, as we have seen, in 1825, and now orders were issued to send them from all parts of the republic.32 These instructions, which the Mexican authorities had the assurance to regard as a means for improving the morals of the convicts and for colonizing California, were much more promptly obeyed, it is safe to say, than if they had been calculated to benefit the territory; and within a year more than a hundred criminals had been sen- tenced to presidio work in this northern Botany Bay.33 Echeandía protested rather feebly, as soon as the news

Pacheco, comandante of the resguardo; and Lieut. Zamorano, promoted to captain. Guerra, Doc., MS., vi. 143.

30 Sept. 9, 1829, news of Pres. Guerrero's accession received. Dept. Rer., MS., vii. 222. Feb. 19, 1829, gov. forbids communication with Acapulco, and adhesion to the plan de Perote. Id., vii. 87. March 14th, communication reopened. Id., vii. 109.

31 Jan. 21, 1828, orders from Mexico circulated to send in bids for repairs on the public roads. May 21st, no bids. Echeandia, however, recommends the opening of a road to Sonora, and one from Sta Barbara to S. Diego. Dept. Rec., MS., vi. 173; vii. 17. Jan. 30, 1829, minister of justice wants a list of ayuntamientos, jurisdictions. prisoners, etc. Sup. Gort St. Pap., MS., v. 1. Congress urged to give the Californias a form of government suited to their interests, since now the old Spanish laws prevail. Mexico, Mem. Relaciones, 1829, p. 21.

$2 April 29, 1829, secretary of justice issues a circular urging judges to sen- tence criminals to California presidios instead of Vera Cruz. Order trans- mitted by secretary of war. May 9th, further orders to governors of different states about forwarding convicts. Arrillaga, Recop., 1829, p. 67-9. Oct. 21st, sec. of war to comandante of Acapulco. The govt will send to Cal. the fami- lies of such convicts as may desire it. Id., p. 269-70. March 221, the govt expects improvement in the morals of the convicts, is preparing a regulation for their management, and to give them the means of carning an honest liv- ing, forwarding their families, etc. Mexico, Mem. Justicia, IS30, p. 13, 19-20.

33 I have before me the records of sentence of very many of these criminals, with name, place, date, and crime, in Vallejo, Doc., MS., xxix. 408-80; St. Pap., Ben., MS., i. 82-9; Dept. St. Pap., Ben. Mil., MS., Ixxx. 12-13; Id., Ben. Cust .- II., MS., iv. 484-5. List of 80 convicts brought to Cal. ou the Maria Ester, with full particulars, in St. Pap., Ben., MS., i. 86-9; Dept. St. Pap., Ben. Mil., MS., Ixxii. 19. List of 60 convicts sentenced to California before Dec. 1829. Vallejo, Doc., S., xxxi. 83; St. Pap., Sac., MIS., xi. 10-12.

ECHEANDÍA'S RULE-POLITICAL AFFAIRS.

came, in September 1829, against the sending of any but 'useful' convicts, since California had no jails, and the local government could be responsible neither for the safety of the criminals nor for the morals of the community thus exposed to contamination.34 Of course this had no effect; and in February 1830 the María Ester brought up about eighty of the unwel- come colonists from Acapulco to San Diego. Cap- tain Holmes was not allowed to land them in the governor's absence, and went on to Santa Bárbara in March. A sergeant and twelve soldiers were in charge of the convicts.35

How to dispose of the new-comers was a question of much perplexity. Nobody wanted anything to do with them; and a month passed before any decision was reached, perhaps before they were landed at all; and then, late in April, thirty of the worst of them, and probably many more, were sent over to Santa Cruz Island with a supply of cattle and fish-hooks to get a living as best as they could; while the rest were set to work for private employers in the region of Santa Bárbara and Los Angeles.36 Protests were re-

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History of California, Volume III, Part 6

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