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HIST. CAL., VOL. III. 37
578
DON JUAN BAUTISTA AND DON CARLOS.
Bárbara, and he sent Castro with twenty-five men in great haste southward. At any rate, it gave the offi- cers and men a chance to display the new uniforms lately received by the California. The pastorela was being performed at Bandini's house, Don Juan him- self not being present apparently, and all prominent Dieguinos were assisting in the festivities of Christ- mas, when Castro and his force surrounded the house after midnight. The two Carrillos and the two Picos, with Joaquin Ortega, were taken prisoners. Alcalde Estudillo was wanted also, but hid in a loft, and was declared by his wife and son to be absent from home. Next day Castro started northward with his captives. Ortega was soon set at liberty.68
68 Dec. 22, 1838, Alvarado to Vallejo. Carrillo plotting to upset the govt, enlisting inen on the frontier and in Sonora. A letter of (or to) Ignacio del Valle had been seen revealing the plots. Vallejo, Doc., MS., v. 278. This is the only contemporary document on the subject; but there are later proofs of the prisoners being at Sta Barbara. It seems that there was a project formed to rescue them at S. Luis Rey; and that Estudillo did go to that place or near it. J. M. Estudillo, Datos, MS., 24-6, says his father returned because the prisoners disagreed and decided that no attack should be made. Another version from the Estudillos, in Hayes' Emig. Notes, 343-4; Id., Miscellany, 41, is that Castro and his men were to be made drunk at a banquet at San Luis and then attacked; but Estudillo turned back because his heart failed him at the thought of shedding blood. Pio Pico, Hist. Cal., MS., 71-6, says the prisoners were armed and the majordomos were ready to help; but Estudillo, after coming within a mile, disappointed their hopes by going back. Rafael l'into, Apuntaciones, MS., 39-43, who was with Castro, tells us the plan was arranged by Andrés Pico, who was allowed to go home for a while under Pin- to's care before starting from S. Diego. The plan was for each of the captives to stab one of the captors to the heart at the supper-table at the moment of Estudillo's attack! Mention of the affair also in Ord, Ocurrencias, MS., 115- 16; Machado, Tiempos Pasados, MS., 34-5; Ezquer, Memorias, MS., 13-14; Janssens, Vida, MS., 142; Alvarado, Ilist. Cal., MS., iv. 113-16.
CHAPTER XX.
ALVARADO'S RULE-POLITICAL EVENTS.
1839-1840.
GOVERNOR AND GENERAL AT SANTA BÁRBARA-CARLIST PRISONERS-DON CÁRLOS YIELDS-END OF THE CONFLICT-MILITARY DISCIPLINE-PRE- SIDIAL COMPANIES-DIPUTACION AS A JUNTA AT MONTEREY-DIVISION OF CALIFORNIA INTO DISTRICTS AND PARTIDOS-PREFECTS-PLOTS OF RAMIREZ AND PADRE MERCADO-LIFE OF ANGEL RAMIREZ-SEDITION AT BRANCIFORTE-FLAG TUMULT AT LOS ANGELES-CASTILLERO ELECTED TO CONGRESS-VOCALES ELECTED-WAR WITH FRANCE-JIMENO ACTING GOVERNOR-ALVARADO MARRIED BY PROXY-ARRIVAL OF THE 'CALI- FORNIA'-ALVARADO APPOINTED GOVERNOR-COSME PEÑA-CASTAÑEDA SENT TO MEXICO-ANNALS OF 1840-SESSIONS OF THE JUNTA DEPART- AMENTAL-TRIBUNAL DE JUSTICIA-MONTEREY THIE CAPITAL-CONSPIR- ACY OF CARRILLO AND GONZALEZ.
THERE yet remained some traces, albeit not bloody ones, of the past two years' conflict to be obliterated before the rulers of the department, now invested with unquestionable authority, could proceed in the work of reorganization, and open for California the path to complete prosperity, hitherto closed by sec- tional dissensions and other obstacles now for the most part removed, if the proclamations of the time were to be credited. The reader may suspect that new difficulties, or the old ones in new forms, were likely to be encountered. In the first days of the new year General Vallejo arrived at Santa Bárbara from the frontera del norte to bear his share of the post-bellum burdens; the first public business in order was mutual congratulation by governor and coman- dante.1
1 Jan. 1, 1839, Vallejo to Alvarado, transcribing his promotion of July 23d. Vallejo, Doc., MS., v. 1. Jan. 2d, V. congratulates A. on his recogui- ( 579 )
580
ALVARADO'S RULE-POLITICAL EVENTS.
At the same time arrived Lieutenant-colonel Castro with his four or five Carlist prisoners from San Diego. Carlos Carrillo was allowed the freedom of the town under parole by Alvarado. The others were soon turned over to Vallejo, who sent them on board of vessels then lying at anchor in the roadstead, with orders to the captains that no communication was to be allowed with persons on shore. José Antonio Car- rillo was confined alone on the Leonidas; the rest, the Picos, Covarrubias, and José Carrillo,2 were committed to the care of Robbins on the schooner California. Vallejo relates that the penalty included a short trip out to sea in order that true repentance might be de- veloped by the terrors of sea-sickness-not a bad idea, but perhaps an afterthought of later years.3 The California's prisoners were kept on board four days, and released January 19th-from their floating dun- geon at least.4 Don José Antonio seems not to have recovered his freedom until somewhat later, having aroused Vallejo's wrath by stating that his solitary confinement had been from fear that he would impli- cate the general himself in his plots against the gov- ernment.
On the 19th Carlos Carrillo, being released from his parole, probably at the same time the other pris-
tion as gov. Id., v. 2; St. Pap., Miss. and Colon., MS., ii. 389. Jan. 2d, A. in turn congratulates V. J'allejo, Doc., MS., vi. 160.
2 It is not quite clear whether the last two had been arrested with the rest at S. Diego or subsequently.
3 J'allejo, Ilist. Cal., MS., iii. 392-400; Alvarado, Ilist. Cal., MS., iv. 50-4, 117-19. Pico, Ilist. Cal., MS., 71-6, says they spent a few days on the vessels, and were then released. Feb. 5th, Don Pio wrote from S. Luis Rey that he had rejoined his family. He had been ill, but was urged homeward by a desire to make known his liberty and the end of all political differences. Dept. St. Pap., MS., iv. 244.
4.Jan. 15th, Vallejo's orders to captains of the two vessels to receive the prisoners on board. Vallejo, Doc., MS., vi. 13-14. Jan. 19th, order to place the ('alifornia's prisoners at Castro's disposal. Id., vi. 15.
5 Jan. 23d, V. to Capt. Castañeda. Orders an investigation of the charges against Carrillo. Vallejo, Doc., MS., vi. 19-20. The result does not appear. It is possible that Don José Antonio was released on the 19th like the rest, or that all were kept under arrest for some days after leaving the vessels. Three men of bad character were sent out of the country at this time on the Leonidas. These were Pedro and Pablo Saenz and Maximo Guerra. Jan. 24th, V. to captain of the Leonidas Id., vi. 22.
581
CARRILLO ABANDONS HIS CLAIMS.
oners left the vessels, addressed to Alvarado a letter, in which he formally recognized his legitimate author- ity as governor, relinquishing his own claims, and promising to give up all official documents in his pos- session. This communication was circulated on the 23d by the governor, with an order that Don Carlos be not molested for his past acts and opinions, quickly followed by a publication of the Mexican decrees au- thorizing a grant of coast islands, and forbidding all persecution for complicity in the past disturbances. Thus ended the long conflict between Alvarado and Carrillo, though the latter made some efforts subse- quently to collect a salary for his term of office, and certain debts contracted by him at Los Angeles as governor were paid from the departmental treasury.6 He did not obtain the island of Santa Rosa until some years later, not deeming it at the time, perhaps, a very desirable acquisition.7
General Vallejo found matters at Santa Bárbara in a condition which did not square at all with his ideas of military discipline. Don Guadalupe, proud and pompous in manner, had been a soldier from youth. He was a martinet by disposition and education, and at Sonoma, among Indians and soldiers paid from his own pocket, had been wont to put on the airs of a
G Jan. 19, 1839, Cárles Carrillo to Alvarado, offering his submission. Cir- enlated to different officials on Jan. 23d. S. Diego, Arch., MS., 215; Sta Cruz, Arch., MS., 58; l'allejo, Doc., MS., vi. 169. Jan. 24th, A. publishes decree of July 20, 1838, on grant of islands. S. Diego, Arch., MS., 216. Jan. 25th, A. proclaims communication from the see. of the int., condoning all political of- fences, Original in Coronel, Doc., MIS., 65; S. Diego, Arch., MS., 217; Sta Cruz, Arch., MS., 59. Jan. 27th, A. to sup. govt. Announces the completo restoration of tranquillity through the efforts of Castillero and himself. Sup. Gort St. Pap., MS., xv. 9. Feb. 5th, S. Diego juez de paz, in name of the in- habitants, congratulates A. S. Diego, Arch., M.S., 221. "Sept. 22d, Carrillo to Vallejo. Urges him to influence A. to give him an order on some vessel for his salary as gov. from Dec. 6, 1837, to Jan. 21, or 25, 1839. Vallejo, Doc., MS., viii. 166. July 1, 1840, sub-comisario's account, approved by A., shows $1, 141 to have been paid for 'extraordinary expenses,' that is, supplies fur- nished to D. Carlos ' en el tiempo quo fué gobernador.' Id., xxvi. 97.
7 Alvarado, Ilist. Cal., MS., iv. 121-2, says he at first told Don Carlos that the president had ordered that he should be given an island and sent to live on it, sarcastically proposing to give him a servant who would say every morning, 'How has your ExceHency slept ?' The old man begged not to be condemned to such a fate.
582
ALVARADO'S RULE-POLITICAL EVENTS.
petty sovereign. Colonel Alvarado and Lieutenant- colonel Castro, on the contrary, had never been sol- diers at all. They knew little of military discipline, and had not cared to enforce the little they knew. To their officers they were 'Juanito' and 'José,' and the men were correspondingly familiar and careless. Captain Vallejo proposed to change all that, and Alvarado had no objections to the experiment, though doubting the practicability of enforcing strict disci- pline in an army not regularly paid. The new régime was introduced at once. In a few days the guard- house was crowded with offending soldiers, while pretty much every officer in the place was under arrest. The Carlist prisoners, as we have seen, were promptly sent on shipboard, and no attention was paid to the im- portunities of weeping sisters, cousins, and aunts. A lieutenant and a citizen in conversation ventured to criticise the comandante's acts. The officer was repri- inanded, legal proceedings were begun against the cit- izen for disrespect, and Castro was placed under arrest for not having arrested the others. Castillero was snubbed. Padre Duran, coming to plead for some prisoners, was forced by a sentinel to await his turn for an audience with the general, and on announcing his errand, was informed that he might retire unless he had something to say about church matters. Cap- tain Guerra y Noriega was ordered to take the com- mand of Santa Barbara, and declining on the ground of ill health, was ordered under arrest at his own house, and informed that it was his duty simply to obey orders, though his petitions presented later in proper form would receive due attention. Some were amused and others offended at these new methods. Don Guadalupe soon found himself involved in such a tempest of protest and entreaty that he was forced to yield. At a grand party at the house of Guerra y Noriega, all shook hands, made peace, and received the surrender of the general, who was forced to admit
583
VALLEJO AT SANTA BÁRBARA.
that in an army of unpaid relatives, the old Spanish discipline must be somewhat modified.8
Vallejo not only turned his attention to the imprac- ticable scheme of restoring discipline, but he also made earnest and oft-repeated efforts, unfortunately with- out success, to restore the old presidial companies on which he believed the country's permanent prosperity to depend. The companies had now no real existence except that of San Francisco, supported at Sonoma at Vallejo's own expense. Alvarado was less enthusias- tic in the matter, but whatever his desires, he coul l barely find funds to support the few men already in arms. He however ordered the municipalities to fur- nish recruits to the number of seventy. Vallejo also addressed his representations in favor of military re- organization to the minister of war, asking for money, arms, and chaplains, but getting nothing beyond 'au- thority' to reorganize the companies. The govern- ment had authorized the retention of the civic militia in the service, but as there was no present need of that force and no money with which to support it, the members were allowed to retire to their homes. It was early in March that Vallejo returned to the north and reestablished his headquarters at Sonoma.º
8 Vallejo, Hist. Cal., MS., iii. 392-418; Alvarado, Hist. Cal., MIS., iii. 59; iv. 116-19. Jan. 28th-30th, corresp. between V. and Guerra, in Vallejo, Doc., MS., vi. 174-9.
9 Some military items, Jan .- April, 1839. Jan. 3d, supplies brought by Castillero from Mexico: 598 coats, 477 pants, 297 shirts, 208 stocks, 289 shoes, 200 cloaks, 400 caps and casques, 400 maletas, 200 chabrases, 100 muskets, 200 carbines, 99 sabres, 49 lances, 4 trumpets, 3,000 flints, 15,580 cartridges. l'a- llejo, Doc., MS., xxv. 15. Alf. Lázaro Piña with 9 men of the S. F. company at Sta B. as Vallejo's escort. Id., xxv. 10. Jan 7th, 11th, 19th, Vallejo to Alvarado, urging organization of presidial companies, or of permanent militia. Id., v. 3; vi. 163; Dept. St. Pap., MS., iv. 242. Jan. 27th-29th, recruits called for. Quota of Angeles 40, S. Diego 10, Branciforte 15, Sta Barba- ra 5. S. Diego, Arch., MS., 219, 221; Vallejo, Doc., MS., vi. 175. Jan. 31st, V. authorizes the auxiliary forces to disband temporarily. Names captains J. A. de la Guerra, Valentin Cota, and A. M. Ortega; lientenants Manuel Cota, Juan P. Ayala, Felipe Lugo, and Octavio Gutierrez; alféreces Clemente Espinosa, Guillermo Navarro, Hilarion Garcia, Isidoro Chillen, Tomás Ro- mero, Antonio Olivera, Joaquin de la Torre, and Ignacio del Valle. id., vi. 33, 183. Feb. Gth, V.'s appeals to min. of war for repair. of fortifications, etc., describing present condition, explaining dangers of foreign encroachment, recommending officers for promotion, cte. Id., vi. 217-24. Authorized Pr mn Mexico to ineur the expense of repairing fortifications Aug. 5th. Sup. Gort
5S4
ALVARADO'S RULE-POLITICAL EVENTS.
Alvarado had in the mean time convoked the dipu- tacion to assemble at the capital. He issued an elec- tion proclamation for the formation in March of a new junta departamental, and returned to Monterey at the end of January, being accorded the enthusiastic cere- monies of a public reception, with the usual salutes, speeches, races, feasting, and dancing.10
The diputacion, its composition being unchanged since 1837, met at Monterey the 25th of February. Vocal Pico was absent during the sessions, and Osio served as secretary. After delivering a short address upon the recent measures adopted in Mexico for the benefit of California, Alvarado declared the body legally installed as a junta departamental. The ses- sions continued until March 7th, and action was taken upon three subjects. First, the approaching elections for members of the junta and a deputy to congress were declared legal, despite the non-attend -. ance of electors from Baja California, if a majority of all the electors were present. Second, Alvarado's proposition to divide the department into districts, to be noticed presently, was approved. And finally a terna of three names was made out from which a per- manent governor was to be selected by the supreme government. The names in order of preference were Juan B. Alvarado, José Castro, and Pio Pico.11
St. Pap., MS., xv. 8-9. Complaints of Sergt Petronilo Rios in command of artillery at Monterey about trouble in getting funds and supplies from the sub-comisario. Vallejo, Doc., MS., vi. 269, 334-5, 465. March 13th, Prefect Castro orders from S. Juan the formation of a company of auxiliaries to pro- tect the district from Indians. Doc. Ilist. Cal., MS., i. 392. March 14th, V. to min. of war. Appeal for chaplains. Vallejo, Doc., Hist. Cal., MS., vi. 228. March 31st, J. A. Pico ordered to Sonoma from S. Diego, and wants 2 men for an escort. Hayes' Miss. Book, i. 328. No comandante, nor inuni- tions, so far as known to Judge Osuna, at S. Diego. S. Diego, Arch., MS., 221. April 25th, V. says the order to retain the auxiliary troops in service will entitle Alvarado to the military fuero. Vallejo, Doc., MS., vi. 437. April 26th, Capt. Guerra wants $12,000 of back pay. Id., vi. 487.
10 Jan. 17th, call for election. S. Diego, Arch., MS., 214; Vallejo, Doc., MS., xxxii. 174; Estudillo, Doc., MIS., i. 249. The order convoking the mem- bers of the old dip. is not extant. Jan. 29th, A. sails for Monterey. Sta Barbara, Lib. Mision, MS., 47. Reception mentioned in Alvarado, Hist. C'al., MIS., iv. 124-5.
1i Leg. Rec., MS., iii. 30-6, 47-8. The members present were Alvarado,
585
PREFECTS AND SUB-PREFECTS.
According to the laws of December 1836, the ro- public was to be divided by congress into departments, and each department by its junta into districts and partidos.12 The corresponding decree of the junta was issued by Alvarado on February 27th, dividing the department of Californias into three districts, one of them belonging to the peninsula exclusively. Of the others, the first district extended from the Sono- ma frontier to San Luis Obispo, with the capital or head town at San Juan de Castro; and the second from El Buchon to Santo Domingo on the peninsular frontier, with the head town at Los Angeles. The first district was divided at Llagas Creek into two par- tidos, of which the second had its cabecera at San Francisco mission, and the second district was divided at the space between San Fernando and Caluenga, Santa Bárbara being the cabecera of the second par- tido.13 By the laws of December 30, 1836, and March 20, 1837, each district was to have a prefect appointed by the governor and approved by the supreme gov- ernment; each partido, except one in every district, was to have a sub-prefect appointed by the prefect and approved by the governor. 14 Accordingly the prefects were named on the same day that the divi- sion was made, or the next, José Castro being ap- pointed in the first district, and Cosme Peña in the
Buelna, Guerra, Jimeno, Estrada, and Osio. The organization of temporary courts of Ist instance was discussed, without result so far as the record shows. 12 Leyes Constitucionales. Ley vi. art. 1-3, in Arrillaga, Recop., 1836, p. 367. Also decree of Dec. 30, 1836, ordering the division in Californias and the appointment of prefects, in Id., p. 379. In the Mexico, Providencia de la Suprema Corte de Justicia-que se proceda ú la division del territorio de los dle- partamentos of Nov. 11, 1837, governors were directed to have the division made at once if not already done, Id., 1838, p. 572; but this instruction had probably not reached Cal. In making the division, it does not appear that any restrictions were imposed as to number, extent, or population of districts.
13 Feb. 27, 1839, decree of junta dividing Cal. into districts and partidos, in Leg. Rec., MS., iii. 33-4; S. Diego, Arch., MS., 220; Vallejo, Doc., MIS., vi. 274; Dept. St. Pap., Angeles, MS., x. 26, xi. 112; Estudillo, Doc., MS., i. 234; Dept. St. Pap., MS., iv. 246. The 3d district in Baja California was not divided into partidos at this time.
14 Mexico, Reglamento Provisional para el Gobierno interior de los Depart- amentos, 20 de Marzo, 1837. Art. 61-121 on prefects and sub- prefects, in Arrillaga, Recop., 1837, p. 202, 214-23. Translation in Hall's Hist. S. José, 489-517.
586
ALVARADO'S RULE-POLITICAL EVENTS.
second, though the latter was not approved in Mexico.15 The prefects may be regarded as a kind of petty governors, their functions being executive rather than judicial; further explanation of the system is deferred, and the somewhat complicated record of successive changes in the incumbents of the prefectura will be cleared up in local annals. The same law of March 20, 1837, which defined the powers of prefects, made provisions also respecting ayuntamientos, which de- prived California of those bodies except at the capital, justices of the peace taking their place. This provi- sion was put in force by the dissolution of the ayunt- amientos at the end of 1839.16 It may be noted here that an attempt was made in the peninsula to oppose the union with Alta California, there being a prefer- ence for union to Sinaloa-at least in the mind of Gefc Político Castillo Negrete, who had no fondness for the position of prefect under his old foe Alvarado.17
The attention of the people was occupied in March to a slight extent with the elections, but in April and May there were several more exciting topics of popu- lar interest. Angel Ramirez was accused of new plots to rouse the Indians, being supported by Padre Mercado, and by certain. persons who were dissatisfied with the terna for governor. Ramirez had been ar- rested for complicity in the revolt of July 1837, and for much of the time since that date had been con- pelled to live at certain missions under surveillance. Whether he was yet entirely free does not appear;
15 I have not found any regular appointments of prefects, but Alvarado named Castro and Peña in his letter of Feb. 28th to Vallejo, Vallejo, Doc., MS., vi. 277, and it is evident from many documents that the appointments were issued on that date or on the 27th. The approval of tlic division and of Castro's appointment by the sup. gov. was on Ang. 7th. Dept. St. Pap., MS., iv. 131, 280; Sup. Govt St. Pap., MS., xv. 10, 12; Estudillo, Doc., MS., i. 262. Before the news reached Cal. in Sept., Pena had already resigned and had been succeeded by Tiburcio Tapia.
16 Nov. 7, 1839, gov. to prefect, ordering dissolution of ayunt. Dept. St. Pap., Angeles, MS., xii. 19. Details in local annals.
17 July 16, 1839, Luis Castillo Negrete to some clergyman. No attention is to be paid to orders from Alta California till the change now pending in the senate shall have been decided. Castro, Doc., MS., i. 37.
587
FATE OF ANGEL RAMIREZ.
nor is it possible to determine whether the charges made at this time were well founded. Both Ramirez and Mercado were detained for some time at San An- tonio, it being Alvarado's intention to send them both out of the country. 18 Perhaps Don Angel escaped to the Tulares and spent some months in the rancherías of gentile tribes. He returned, however, to live again for a time at the missions, and died early in the next year at San Luis Obispo. He had suffered long from a terrible disease, and died at last without receiving the rites of the church. His had been a strange eventful career as friar, soldier, customs officer, and conspirator. He was known in California as an able and brilliant man, but without a redeeming trait in respect of honor and morality. There is nothing in the record to show that his most unenviable reputa- tion was undeserved.19
18 April 3, 1839, Cosme Peña at Sta Bárbara to Alvarado. Reports a plot brewing to rouse the Indians of S. Antonio and other missions. Also plots to prevent the attendance of southern members elected to the junta. J'allejo, Doc., MS., vi. 359. April 11th, Alvarado to Vallejo. Sends Peña's conmu- nication. Ramirez is to remain at S. Antonio until he can be shipped away in the California. Has his eyes on the friars. Ex-gov. Carrillo has not yet sent the papers he promised. Id., vi. 404. April 29th, A. to V. The padre (Mercado?) detained at S. Antonio, and will be sent away as the general de- sires. Id., vi. 497. Pinto, Apunt., MS., 75-80, says he was sent to arrest Ramirez at S. Luis Obispo, but he escaped, through a warning from Admin- istrator Moreno, to the Tulares. Inocente Garcia, IIechos, MIS., 68-70, was administrator of S. Miguel. He says that Victor Arroyo was arrested by him and sent in irons to Monterey for complicity in this plot. Tiburcio Al- varez had also been concerned in it.
19 All the Californians agree that Angel Ramirez had been a friar of the Merced order, and later a captain in the insurgent army. Abrego, Cartas, MS., gives a few details learned from his uncle in Mexico. It seems that Ramirez had left his convent in 1820 and fought under Gen. Anaya. IIc allowed the escape of some royalist intrusted to his charge, and this saved his life later when himself captured by the Spanish forces. He was several times under arrest before coming to California. The government desired, says Osio, Hist. Cal., MS., 302-3, 316-17, 380-1, to remove him as far as possible from Mexico, where his intrigues caused constant trouble. Janssens saw him serving in command of Vice-president Gomez Farias' body-guard. Vallejo, Hist. Cal., MS., iii. 71-4, 187-8, 298-9, tells us he was a protégé of Gen. Ugarte y Loyola of New Galicia. 'Had he been president ho would have conspired against himself.' Says Alvarado, Hist. C'al., MS., ii. 224, ' El capitan fraile tenia mas mañas que un burro de aguador.' In 1833 he was made administrator of the Monterey custom-house, and arrived in the spring of 1834 overland, bringing a mistress with him. He was very free with his money and that of the government, giving many expensive dinners and balls, which, with his social qualities, gave him much popularity. Ho knew everybody, and was skilled in all the arts of a demagogue. Ho was
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