History of California, Volume IV, Part 20

Author: Bancroft, Hubert Howe
Publication date: 1885
Publisher: San Francisco, Calif. : The History Company, publishers
Number of Pages: 820

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The reader knows that in fact there was never any approval, expressed or implied, of the Russian right to territorial possessions in California; but that the oceu- pation of Ross was begun and continued under constant and oft-repeated protest on the part of the Californian officials as Spaniards and Mexicans, even when as individuals they were on the most friendly terms with the officers of the Russian American Company. Had Russia seen fit to assert a elaim to a part of Califor- nia, her elaim would doubtless have been resisted by Spain and Mexico, and could have been maintained only by superior force. Had the question been sub- mitted to any tribunal other than one of military power, it would have presented many points of inter- est; but the equities of international law would, I believe, have been in favor of the Spaniards. Spain had not been, considering the spirit of the times, ex- cessively grasping in her elaims on the northern coasts. She had preceded other nations in explorations up to

183

THE SPANISH TITLE.

a high latitude, and so long as there was a prospect of controlling communication by water with the spice islands of India, the Atlantic, or with New Mexico, she would have fought for her prerogative in that di- rection. But as that prospect gradually disappeared, she lost her desire for possessions in the far north, and was content with a stretch of harborless coast between her northernmost port and the southernmost one of a foreign neighbor. She had not only discovered the whole northern coast, but, so far as Bodega was con- cerned, had sent to explore that bay and take formal possession the navigator who had given it his name; and she had even, on one occasion, sent a company of men both by land and sea to occupy the site which circumstances had obliged them to abandon tempora- rily. They fully believed that the region north of the bay was part of their territory, and they often signified by word and deed their intention to occupy it; but through lack of enterprise and other obstacles, their progress was slow. It is doubtless true that, in the case of an island or other definitely bounded region, mere discovery, with the attendant act of possession, unless followed within a reasonable time by actual occupation, or at least by actions showing a definite and constant intention to occupy, would have created no title to be respected by the nations; but that the Spanish march of settlement up the Pacific coast, after repeated voyages of exploration, acts of posses- sion, expressions of intention to occupy, and constant progress in that direction, could be suspended at any time by another European nation at any point a few miles beyond the northernmost permanent settlement, cannot be maintained consistently with the spirit of international law.

Russia had no right to occupy Santa Bárbara in 1769, or Santa Cruz in 1771; neither could she in 1812-not in an unbroken line of advancement from the north to meet that of Spain from the south, but by a jump over the possessions of other nations-come

184

THE RUSSIANS IN CALIFORNIA.

to Bodega and acquire an equitable title by founding a settlement in spite of Spanish protests. All this, however, is mere theorizing about a claim that never had any but an imaginary existence. Russia never made any pretension to sovereignty over the Bodega region or any portion of the Californian territory. The officers of the company were, it is true, promised imperial protection in their enterprise at the beginning; but the necessity for such protection never arose, and it is idle to speculate as to the form it might have taken. It is absurd, moreover, to defend a Russian title never claimed by Russia or recognized by any

other power. Not even the Russian American Com- pany ever advanced a claim to territorial possessions in California. Their aim was to establish a post for fur-hunting and for trade. Their efforts were to con- ciliate the Californians, and to maintain friendly com- mercial relations. They wished to be let alone. They avoided discussion respecting their rights, talked al- ways of the mutual interests of the company and California, and strove to keep the matter quiet at Madrid and St Petersburg. They would not have favored the assertion and enforcement by Russia of a territorial claim, since such a claim would have been prejudicial to their financial interests. It is true that individual Russians, including members of the com- pany, sometimes asserted and defended the rights of their nation to the lands about Ross, but their views met no official approval. Finally, the company re- solved, with a somewhat lukewarm approval from the government, to negotiate with Mexico for a conces- sion of the Ross territory and its extension to the bay; but the negotiations resulted in failure.

The strongest claim in equity-though of no legal force in Spanish or Mexican law-which the company could have set up to the lands actually occupied at Bodega would have been one of individual owner- ship, based on purchase from the natives, and an un- interrupted possession for thirty years; but it would

185

A FALSE DEED.

have served no good purpose to urge such a claim in 1841, as the land had little or no value in itself, and opposition from the Californian government was likely to interfere with the sale. Alvarado would not recog- nize any title to the land. The company expressly excepted the land in their bargain with Sutter, and Sutter did not suppose that he had purchased any land. Under these circumstances, assuredly but one argument could be advanced to show that the Rus- sian title was not dead-and that was, that it had never lived.

Yet, as we have seen, Manager Rotchef gave Sut- ter a certificate of transfer of the property that had been under his care, in which paper the lands were included. Rotchef was not the company's agent for the sale of the property, and could not have conveyed a title if there had been one to convey. But in later years when the lands had acquired greater value, and were in possession of settlers holding under Mexican grants of 1844, Sutter had the effrontery to produce the Rotchef document as a deed, and to dispose of his title to men who attempted to extort money from the settlers, and who are said to have been partially suc- cessful. This was in 1859-60. The affair gave rise to much local excitement, and to a general ransack- ing of the early annals. Public meetings were held, and ingenious arguments were presented on both sides. It is no part of my purpose to enter into the details of this transaction, by which fortunately only one or two men seem to have been victimized; but under no hypothesis that occurs to me can Sutter's action be regarded as that of an honorable man.57

57 See Veritas, An examination of the Russian grant from A. Rotcheff to John A. Sutter in 1841. Sacramento, 1860; S. F. Bulletin, May 3, 4, 1860; Petaluma Argus, Feb .- May, 1860. In Sonoma County History, p. 362-78, there is given a good descriptive and historical sketch of the Ross settlement, in which considerable attention is paid to the Sutter purchase and title; but in this part of his work the author goes far astray, representing Sutter as hav- ing been at the worst an innocent vietim of Russian wiles. I quote briefly as follows: 'They persuaded Sutter into the belief that their title was good and could be maintained .. .. The transfer was duly made, and Sutter became,

ISG

THE RUSSIANS IN CALIFORNIA.

Manager Rotchef, with all remaining servants of the company, sailed on the Constantine, which was at San Francisco in December 1841, and probably left Ross early in January 1842. One Russian, and perhaps several, remained on the ranchos to look out for the company's interests.58 Sutter sent Robert Ridley to assume charge for him at first; but John Bidwell took his place early in 1842, and was in turn succeeded by William Benitz late in 1843. Mean- while most of the movable property, including the cannon, implements, and most of the cattle, was re- moved to New Helvetia. The few hundred cattle left behind soon became so wild that if meat was needed it was easier to catch a deer or bear.59 The Californians made no effort to occupy the abandoned fortress; since, having virtually consented to the sale of everything but the land, the government had no property to be protected there; and if there had been soldiers to spare or money to spend, there were other points in more urgent need of protection.6 The local

as he thought, the greatest land-holder in California. The grants given by the Mexican government seemed mere bagatelles compared with his almost provincial possessions. But alas for human hopes and aspirations! for in reality he had paid an enormous price for a very paltry compensation of per- sonal and chattel property. It is apropos to remark here that in 1859 Sutter disposed of his Russian claim, which was a six-eighths interest in the lands, to Wm Muldrow, Geo. R. Moore, and Daniel W. Welty; but they only suc. ceeded in getting $6,000 out of one settler. The remainder refused to pay, and the claim was dropped. Some of the settlers were inclined to consider the Muldrow claim a black-mailing affair, and to censure Gen. Sutter for dis- posing of it to them, charging that he sanctioned the black-mailing process and was to share in its profits; but we will say in justice to the general that there was no idea of black-mail on his part. He supposed that he did purchase a bona fide claim and title to the land in question of the Russians, and has always considered the grants given by the Mexican government as bogus; hence, in giving this quitclaim deed to Muldrow et al., he sincerely thought he was deeding that to which he alone had any just or legal claim' (!). Com- ment is unnecessary.

58 Mofras, Explor., ii, 9, says that Rotchef sailed Jan. Ist, leaving M. Nikolai in charge of affairs.

59 Bidwell, Cal. 1841-8, MS., p. 70-100, gives many interesting facts about occurrences of this time. See also Sonoma Co. Hist., 373, ete.

60 Jan. 11, 1842, Alvarado suggests to the min. of rel. that it would be well to station 40 or 50 men at Ross to protect the frontier. Dept. Rer., MS., xiii. 8-10. But nothing more is heard of the matter. Castañares, Col. Doc. Cal., 48-9, writing in 1844 says the Mex. govt has taken no steps to occupy Ross; the cannon have been removed by Sutter; and Stephen Smith was in posses- sion of Bodega. Bustamante, Gabinete Mex., ii. 109, speaks of the abandon- ment of Ross and the orders issued at Mexico to take possession.

187

A BAD DEBT.

annals of Bodega and the surrounding region after the Russians had departed do not belong to this part of my work.

The Russians had striven faithfully but in vain to make their Californian colony a success; and now they had set for themselves a task whose difficulties were scarcely less formidable than those of their orig- inal scheme of 1811, namely, the collection of a debt from John A. Sutter. The records of their efforts and progress are not so complete as would be desirable; but for three years absolutely nothing was paid, while on account of certain expenses for which Sutter was responsible,61 the debt had increased from $30,000 to $31,774. The vessel which came for produce in the autumn of 1845 succeeded in obtaining a small quan- tity of wheat, which reduced the amount of indebt- edness to $30,219. At this time the government, in accordance with instructions from Mexico, entered into communication with Dionisius Zarembo, the company's agent, on board the Nasslednik, with a view to learn the exact condition of the affair; and Zarembo, in turn, called on the authorities to compel Sutter to pay his debt. Fears of foreign encroach- ment were then rife, as we shall see, and it was deemed desirable to get possession of New Helvetia. As Sutter would not sell, except at an exorbitant price, and as his inability to pay his debts was well known, it was in contemplation to buy the Russian company's mortgage, as the cheapest and surest way to secure the post. Though the evidence is not quite clear, I think a bargain to that effect was made; but its consummation was defeated by the war with the United States, before confirmation could be obtained from Mexico.62

61 In 1843 and 1844, Sutter also had some trouble to pay the tonnage dues on the Russian craft which had come for wheat. In 1843 his launch was seized by the revenue officers-as security, and in 1844 his draft was refused at the custom-house. Pinto, Doc., MS., ii. 25; Dep. St. Pap., Ben., MS., iii. 61.

62 Sept. 12, 1845, Sec. Covarrubias to Prefect Castro, calling for an imme- diate report in accordance with the president's orders. Castro, Doc., MS., i.

158

THE RUSSIANS IN CALIFORNIA.

In purchasing the Ross property Sutter had not deliberately intended to swindle the sellers. He had, as was usual with him, assumed a heavy obligation without consideration of his prospective ability to meet it. That he could make no payments at all within the time assigned for paying the whole sum did not seem to him an alarming state of affairs. There were excuses in abundance. Crops had failed from drought; civil dissensions had claimed his atten- tion; creditors much nearer than Sitka had pressed him; and something was likely enough to turn up- as indeed something did, in the discovery of gold. Considerable grain seems to have been delivered in 1846 or 1847; for the company's accounts show 63 that by the latter year nearly one fourth of the original $30,000 had been paid, though by reason of expenses accrued the debt had not been much reduced. Mean- while the company after the conquest had presented its claims to the new authorities, and renewed its mortgages under United States forms.6 In 1848-9

154-5. Oct. 18th, Zarembo to sub-prefect, in reply to a communication of Sept. 15th, in Russian and English, stating the amount due, and enclosing the original contract of 1841. Id., i. 178-9. Spanish translation by Hart- nell. Fernandez, Doc., MS., 45-6. Nov. 6th, Zarembo to prefect. Has seen Sutter, who will pay only 900 fan. wheat this year. Asks aid to collect this debt, and others amounting to $21,344 due from parties in Cal. Castro, Doc., MS., i. 218. Nov. 7th, Castro's reply. Will take steps to compel the payment. Id., i. 221. Castro, Relacion, MS., 160-2, states, and I have no reason to doubt the statement, that he, as prefect, and Zarembo signed a con- tract at Yerba Buena on Nov. 24th. Dec. 13th, Zarembo to gov. Asks that Leidesdorff be recognized as the company's agent in the matter. Dept. St. Pap., MS., vi. 135. Dec. 27th, - to Forbes. Rough draft of the contract. It was simply an agreement to buy and sell the claim for $31,000, and the co. was allowed to receive what Sutter might pay that year-since it was known, as the writer adds in a note, that he had little or nothing to pay. Id., v. 121-2. Dec. 29th, Covarrubias to prefeet. Wants a copy of the agreement for the gov. Castro, Doc., MS., i. 64. Jan. 24, 1846, Forbes, English vicc- consul, to governor's secretary. Speaks of the arrangement as advantageous, and thinks it should be confirmed by Mexico. A commissioner was to be sent at once. Moreno, Doc., MS., 21-6. Larkin, however, says that the Rus- sian gov. told him that he did not favor any such arrangement, deeming Sutter a safer debtor than the govt! Larkin's Notes on Personal Char. of Cal- ifornians, MS., p. 109.

63 Copies by M. Alphonse Pinart from the originals at St Petersburg. Yet according to Unbound Doc., MS., 301-2, Gov. Teberenof wrote, Dec. 15, 1846, to Capt. Mervine that only $3,812.71, had been paid; asks aid in collecting the debt. M. replics, Jan. 17, 1847, that Montgomery did all that was possible; but that Sutter cannot dispose of any property pending the report of a tribunal. 64 Nov. 10, 1846, Sutter to Washington Bartlett. Demands to know his

189

A FINAL MISFORTUNE.

Sutter, in order that some one creditor might not get an advantage over others as is said, conveyed all his property to his son;65 but in these years, or at least by 1850, as is shown by the company's accounts for that year, he was able to reduce the Russian debt by $7,000, and had made a definite agreement to pay the remainder to an agent at San Francisco. This prom- ise seems to have been kept, as all agree that the debt was paid in full not long after 1850; but one Russian authority tells us that the company's agent absconded with the last payment of $15,000, to cap the climax of Russian misfortunes in California. Yet in the flush times following the discovery of gold, they were able to sell, at very profitable rates, one or two cargoes of articles deemed valueless that had been accumulat- ing at Sitka for many years. 66

authority for issuing an attachment on his real estate, and threatens a suit for damages against him and the company. Mckinstry's Papers, MS., 24-5. 65 Burnett's Recoll., MS., ii. 1-3, 124.

66 Golovnin, Voyage, 22-3, 123. No particulars are given by any authority about Sutter's last payment, but all state that the debt was paid during the flush times; though Bidwell tells us that the payment left Sutter but little available property. In the Sonoma Co. Hist., 372, it is stated that ' the last payment was made by Sutter through Ex-gov. Burnett in 1849. Sutter paid the entire amount in cash, and not a part in cash and the remainder in wheat and real estate, as has been stated. E. V. Sutter, a son of the general, is our authority for the above statements.'

CHAPTER VII. POLITICAL AFFAIRS AND GENERAL CONDITION. 1841.

EVENTS OF THE YEAR-SMALL PART PLAYED BY CALIFORNIANS-APATHY IN POLITICS-A SEASON OF DROUGHT -- AT THE CAPITAL-GOVERNOR ALVARADO-JIMENO ACTING RULER -- NO SESSION OF THE JUNTA DE- PARTAMENTAL-No EXCESS OF GOVERNMENT-ADMINISTRATION OF JUS- TICE-MISSION AFFAIRS-CONTINUED SPOLIATION -MOFRAS' STATIS- TICS-PUEBLO OF SAN JUAN DE ARGUELLO-THE BISHOP'S ARRIVAL- INDIAN AFFAIRS -- A TIME OF PEACE-MILITARY ITEMS -- ALVARADO AND VALLEJO-POLICY AND MOTIVES OF THE COMANDANTE GENERAL-UN- FOUNDED CHARGES-ACTION IN MEXICO-RECONCILIATION-CASTRO OR PRUDON-VALLEJO'S PLANS FOR REFORM.

THE first year of the new decade was by no means an uneventful one in the annals of California. In 1841 the Russians abandoned the establishment which for three decades had caused the Spanish and Mexican authorities much anxiety politically, but in other re- spects had been a benefit to the country. Not only did the Russian American Company depart, but the English Hudson's Bay Company came in its stead to effect a permanent establishment, to continue hunting operations, to purchase live-stock for the north, and, as many feared, to monopolize the Californian trade. New Helvetia absorbed the property of Ross, and by its peculiar position, its foreign character, and the temperament of its ruler, also succeeded Ross as a fomenter of political fears. Among the forty vessels of the year there were seven men-of-war, or national exploring craft; and the trading fleet, though hides and tallow were not so readily obtained as formerly,

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101

ANNALS OF 1841.

paid $100,000 in duties on goods imported. It was in 1841 that the U. S. exploring expedition came to the Sacramento Valley by land and sea, that an at- taché of the French government made a tour of ob- servation through the country, and that California was visited by a prominent English navigator-exten- sive narratives being written as a result by Lieuten- ant Wilkes, M. Duflot de Mofras, and Sir George Simpson. In 1841 three great nations were cherish- ing hopes of supplanting Mexico in the possession of this western land. In 1841 not only did many exiles of the past year return, but the tide of overland immi- gration began to flow in across the snowy sierra.

In all this, however, it will be noticed that foreign- ers were the active agents. Each topic of foreign relations is to be fully recorded in the following chap- ters. In this one I have to write of what was done by the Californians; and it must be admitted that they did little except to wait and wonder what strangers would conclude to do with them and their country. Politically, it was a time of apathetic inaction, with- out a revolutionary symptom even on paper. In the south, especially, does the year present but a blank page in history. Except now and then a petty occur- rence of purely local nature, there is nothing to be recorded of the region below Monterey. It is not to be supposed that the abajeños had forgotten their grievances, but they gave no sign of discontent. There were no protests or pronunciamientos from the versa- tile ayuntamiento of Angeles. José Antonio Carrillo was not accused, so far as I know, of political intrigue. Even Juan Bandini held his peace and wrote no long letters. In the north, except so far as the foreign element was concerned, the current of events was almost equally placid and monotonous. The season was one of drought, causing a partial failure of crops, and considerable loss in live-stock,1 but there was no suf-

1 Bidwell, Journey to Cal., 23-5, 20, speaks of the drought of 1840-1, as do other immigrants; but he gives a table of the weather for each day in the

192

POLITICAL AFFAIRS AND GENERAL CONDITION.

fering among the people, who were as prosperous as was possible with such an expenditure of energy as they were disposed to make. The drought, however, with the diminished productiveness of the mission es- tates, made it harder than usual for the traders to fill up their cargoes, and collect the amounts due from the rancheros; so that the country's lack of prosperity was somewhat exaggerated in their reports.

At the capital the governor and the clique of offi- cials about him displayed a degree of zeal in the handling of departmental funds, if in nothing else. They received $100,000 from the custom-house, with a large but unknown amount from the ex-mission estates. There were current suspicions that the pub- lic money was squandered on various private and public fiestas, and that the residue was not quite im- partially distributed; but there are no proofs that such was the case, nor any indications that they ever had difficulty in finding a use for all the moneys they could collect. Alvarado had been at his best in the revolu- tion against Mexico in 1836 and in subsequent troubles with the south. In honesty and intelligence he had equalled, in energy and executive ability as in per- sonal popularity he had excelled, the best of those about him; but he had now degenerated in several respects. The gross charges of rascality made against him by men like Farnham were unfounded. Alva- rado was yet a courteous and well-meaning ruler, com- paratively liberal and free from narrow prejudices. But he had lost much of his old enthusiasm for reform, and was content to let public affairs drift for the most part as they would, to perform carelessly the few routine duties devolving upon him, to deplore the non- progressive condition of the department, and cast the

scason of 1841-2, indicating an average number of rainy days, 35 from Nov. 15th to March 31st. He says, however, that the winter waswet. Drought men- tioned in Honolulu Polynesian, ii. 55; Niles' Register, Ixi. 98; Torre, Remin., MS., 102; Belden's Hist. Statement, MS., 16. The drought extended to the south also. Guerra, Doc., MS., v. 203. Larkin says not water enough fell to raise the streams an inch. Vallejo, Doc., MS., xxxvi. 214.

193

THE GOVERNOR AND JUNTA.

blame on circumstances, or fate, or Mexico. He gave himself up to convivial pleasures, drank deeply, was often unable from 'illness' to attend to official duties, and having injured himself severely by a fall wlien intoxicated, was obliged to turn over his office in Sep- tember to Jimeno Casarin, as he had done several times before.2

The junta departamental did not assemble at all during the year, as a majority of the members when summoned excused their non-attendance on various pretexts more or less satisfactory to themselves.3 Neither was there any session or organization of the tribunal superior, though the members of that body had been appointed the year before.4 Andrés Cas- tillero was representing California in Congress, but he might as well have been in Patagonia for all that is heard of his public services at this time. The su- preme government did nothing but forward certain warnings against foreigners, with a few routine orders and instructions to which no special attention was paid in the department.

Thus it will be seen that California, whatever may have been her misfortunes, was not suffering from too much government; and the result, so far as the gen-

2 Jan. 1, 1841, A. assumed the govt. Dept. St. Pap., Ang., MS., xii. 44. Sept. 21st, Jimeno becomes acting gov. on account of A.'s illness. Id., xi. 127-8; Dept. Rec., MS., xii. 18, 42-3; Angeles, Arch., MS., ii. 107-9. Dec. 31st, A. re-assumes the office. Dept. Rec., MS., xii. 28, 46; Dept. St. Pap., Ang., MS., xi. 131. It was as Ist vocal of the dip. that Jimeno became acting gov., and meanwhile José Z. Fernandez acted as secretary. A.'s ac- cident is noticed in print by Sir Geo. Simpson, in MS. by Janssens, and in conversation hy many Californians.

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History of California, Volume IV, Part 20

Author: Bancroft, Hubert Howe Publication date: 1885 Publisher: San Francisco, Calif. : The History Company, publishers Number of Pages: 820

Author: Bancroft, Hubert Howe
Publication date: 1885
Publisher: San Francisco, Calif. : The History Company, publishers
Number of Pages: 820