History of California, Volume IV, Part 53

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


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51 March 1, 1845, Abella to Torre. Refuses to surrender the town with- out an order from Micheltorena. Doc. Hist. Cal., MS .. ii. 13. March 5th, Torre to Castro, explaining the reasons for making the demand and for not having enforced it. He had 62 men. Id., ii. 14. I suspect that Torre may have made the second demand after he heard of Pieo's approach, with a view to gain credit with the new govt. Josiah Belden, Hist. Statement, MS., 36-9, says the Californians marched on Monterey and demanded its surrender soon after the governor's departure. Mrs Micheltorena was not sure of her own soldiers, and Belden at Larkin's request organized a guard of 6 American riflemen, who thereafter kept guard at her house. Abella and his officers were at first inclined to surrender, but Mrs M. protested and carried her point. Later came a second demand (that of Torre already noted), and com- missioners were sent out, who made an arrangement by which the Californi- ans were to hold the fort, and the garrison the town, one party or the other to yield later according to the issue of the struggle in the south. Swan, Hist. Sketches, MS., 3-4, says the foreigners stood guard under the direction of Spence and Dr Stokes. Feb. 4th, news of the troubles at Monterey had reached S. F. Torre was said to have won over most of the garrison, and even to have occupied the town. Vallejo, Doc., MS., xii. 134. García, Apunte, MS., G, says that some of the garrison went over to the Californians. Gomez, Lo Que Sabe, MS., 190-4, and Garnica del Castillo, Recuerdos, MS., 4-7, talk of various movements of defence and offence, of spies, of shots fired, of threats to blow up the govt house, etc. Felipe Butron and Santiago Estrada are named as leaders among the Californians.


516


EXPULSION OF GOVERNOR MICHELTORENA.


were not permitted to land, and the purely imaginary danger of new troubles with him was averted.52


There was an alarm at Sonoma that Sutter on his march southward had detached a part of his force to return and ravage the northern frontier. Colonel Va- llejo so far credited the report that he issued a stirring appeal to the people to rally in defence of their homes; but Osio soon wrote from Yerba Buena that the report was founded on nothing more terrible than Sutter's boasting of what he would do on his return.53 Mean- while Sutter was detained for some days under nomi- nal arrest at Los Angeles; but finally the new authori- ties pretended to accept his explanation that he had aided Micheltorena merely as a subordinate officer in obedience to orders, and not only released him, as indeed they were bound to do by the treaty, but also allowed him to retain all his old powers on the Sacramento. In March he started with Bidwell, Townsend, Vaca, his kanaka servants, and part of his Indian warriors, returned northward by way of the Tejon Pass and Tulares Valley, and arrived at New Helvetia the 1st of April."+ The foreigners of the rifle company did not return in a body, but most of them were probably at their homes before the end of Mareh. Gantt and Marsh before leaving the south made a contract with Pico to attack the Indian horse-thieves for a share of the live-stoek they might recover. None of the num-


52 Feb. 23d, Castro's instructions to Pico. Pico, Doc., MS., ii. 27-8. Al- varado, Hist. Cal., MS., v. 89-93, thinks M. had no idea of making a new stand. Most Californian writers merely mention Pico's taking command at Monterey; there is no need to repeat the references.


53 Feb. Ist, V.'s circular. Vallejo, Doc., MS., xii. 132. Feb. 4th, 6th, 8th, Osio to V. Id., xii. 134, 136-7.


54 Sutter, Personal Reminis., MS., claims that many were in favor of shoot- ing him, which is likely enough, and that the discovery of M.'s order among his papers was all that saved him. But of course he was protected by the treaty, and probably also by promises made to him at the time of his capture and previously to his companions, to say nothing of the fact that he promised his hearty support to the new govt. Feb. 26th, S. to Pico, asserting that he had acted merely by M.'s orders, and asking to be released. Dept. St. Pap., MS., v. 123-4. Arrival home on April Ist, after having been 'acquitted with all honors.' Sutter's Diary, 6. Before April 9th he had made an Indian can- paign and killed 22 of the savages who had killed Thomas Lindsay. Dept. St. Pap., MS., vi. 173.


517


RETURN OF GANTT'S COMPANY.


ber lost anything but their time, or suffered any op- pression because of their unwise meddling in politics, though the most of them, not being citizens, were not legally protected by the treaty. 55


55 Feb. 27th, contract between gov. and Gantt. Dept. St. Pap., MS., vi. 171-2; St. Pap., Sac., MS., xix. 20-2. March Ist, Gantt to J. A. Carrillo. Declares that charges against himself, Marsh, Hensley, and Dickey, in a letter from Carrillo, are unfounded and very strange. Carrillo (Dom.), Doc., MS., 104. He was then at S. Francisco rancho. April 12th, Castro to Weber. Sntter's men wishing to settle may be offered guaranties; besides, they are pro- tected by the treaty. Letter in Halleck's Mex. Land Laws, MS.


CHAPTER XXII.


RULE OF PICO AND CASTRO-POLITICAL ANNALS. 1845.


PICO AND CASTRO IN COMMAND-LOS ANGELES THE CAPITAL-SESSIONS OF ASSEMBLY-EXPEDIENTE AGAINST MICHELTORENA-PRISONERS' REVOLT- JUNTA DE GUERRA AT MONTEREY-ACTS OF MEXICAN GOVERNMENT- EFFORTS OF CASTAÑARES-INIESTRA'S EXPEDITION-A FIASCO-HÍJAR'S MISSION-J. M. CASTAÑARES SENT TO MEXICO-PROPOSALS FOR GOVER- NOR-SUPREME COURT-CONSTITUTIONAL REFORMS-PREFECTURES RE- STORED-VOTE FOR PRESIDENT-JONES AND LARKIN-CASTILLERO'S MIS- SION-MILITARY ORGANIZATION-SEPTEMBER REVOLT AT ANGELES- ELECTIONS-ALVARADO FOR CONGRESS-VARELA REVOLT AT ANGELES- CARRILLO EXILED-FLORES REVOLT AT SANTA BARBARA-INDIAN AF- AIRS-CONTRACT WITH GANTT AND MARSH-LOCAL ITEMS.


THE rule of Pio Pico as governor, and of José Castro as comandante general, both holding office ad interim under Micheltorena's enforced acknowledg- ment, and Pico also legally as senior vocal of the assembly, dates from the treaty of Cahuenga on the 22d of February, 1845. Neither had any special qualifications for his position; neither would have been chosen by the leading citizens, or even by a popular vote, perhaps, in his own section; and neither would have selected the other as his associate. Castro had earned his place by his services in the revolution; and Pico, in addition to his legal claims and his claims as a southern man, had also the support, politically, of Alvarado. Don Juan Bautista, if, as many believe, he had hoped to secure the governorship for himself, had been forced to make this concession as an alterna- tive of failure; and when the danger was past, he was


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519


LOS ANGELES THE CAPITAL.


not a man to break his word, nor did he desire to place himself in open rebellion against Mexico, or to stir up the old sectional animosities.1


It is not known whether there had been any posi- tive stipulation that Los Angeles was to be the capital, as part of the price paid for southern cooperation; but the silence of northern politicians on the subject during this year indicates that such was the case.2 At any rate, with a southern governor and a southern major- ity in the assembly, there was no hope for Monterey; and to Los Angeles the capital went and remained there without official protest, the sessions of the as- sembly being held there, for the most part without the attendance of northern members. Pico made Juan Bandini his secretary of state at first, and a little later José M. Covarrubias. He was unsuccessful in his ef- forts to bring the treasury also to the south, and to establish a custom-house at San Diego; but he made Ignacio del Valle a kind of treasurer to have charge of that portion of the revenues belonging to the civil government. Alvarado was made administrator of


1 Alvarado, Hist. Cal., MS., i. 231; iv. 17-18; v. 59-60, 64-5, 72, says he was urged by Castro and by others to make himself governor, on the legal ground or pretext that he had not served out his term when Micheltorena had come to relieve him; but he refused, being determined not to set an example of violating the laws. I suspect that a still stronger motive was his promise to Pico and his friends; but it must be admitted that Alvarado, throughout his career, was rarely if ever found taking a position against the letter of the law. Pico, Hist. Cal., MS., 121-2, tells us that he distrusted Castro from the first, making an effort to bave Vallejo chosen as general. Many officers agreed with him, but it was feared that if the matter were pressed Castro would com- mit some act of violence. March 21st, J. C. Jones, writing to Larkin in approval of the general result of the revolution, says: 'But as to our new governor. Ye gods ! The idea of Pio Pico being dignified with the title of Excellency ! It is almost too ridiculous to believe, but still Pio Pico will be a more efficient governor than Micheltorena, and if he errs, it will be through ignorance and bad advice. I do not believe, however, that his reign will be long; there will be a flare-up no doubt before many months between the Cali- fornians themselves. The great bugs of Sonoma are to be crushed; there will be no office assigned to any one of that great family.' Larkin's Doc., MS., iii. 75. March 4th, Larkin sends his respects, etc., to Pico, and asks for informa- tion about the changes of govt. Id., Off. Corresp., MS., i. 29. Feb. 27th, Bishop García Diego congratulates Pico on his accession. Dept. St. Pap., MS., vi. 141.


2 Private individuals in the north complained frequently of the inconven. ience of so distant a capital. Vallejo in his letter to Bustamante recom- mended Sta Clara as a central and altogether suitable place.


520


RULE OF PICO AND CASTRO-POLITICAL ANNALS.


the custom-house at Monterey, where Abrego retained the treasury, and where Castro established his military headquarters, with Francisco Arce as secretary. Cas- tro's military authority in the south was delegated to José A. Carrillo, who was an enemy to Pico, and who occupied a position as comandante of the southern line similar to that of Vallejo in the north.


Thus the conditions were not favorable to har- mony. With the governer, capital, and assembly at Los Angeles, and the civil offices all in the hands of the abajeños, while the military headquarters, custom- house, and treasury were at Monterey, under the con- trol of arribeño politicians, a renewal of the old sec- tional quarrels, as well as of those between military and civil authorities, might safely be predicted. Yet, perhaps because the spoils and advantages were more evenly divided between the north and south than in former years, the quarrel was not in 1845 so bitter or so disastrous in its effects as might have been ex- pected. The troubles were, moreover, not so much between the two sections of the department, as be- tween the general and governor; and in most cases the petty conflicts were waged on southern soil, be- tween the Pico element and certain southern men who represented, and were perhaps abetted by, the Castro clique at Monterey.


Outside of the personal and official jealousies re- ferred to, the reader will find but little to condemn in the acts of this administration; that is, in comparison with the average of preceding ones, and before the outbreak of the final and inevitable storm that brought it to an end. Particularly will there be found much to be mildly praised in Pico's general policy during the year 1845. He was not a brilliant man, and ef- fected no radical reforms; but he displayed a credita- ble degree of good sense and moderation in his man- agement of public affairs, and was far from deserving the ridicule that has been heaped upon him by his countrymen and others. This will be particularly


521


SESSION OF THE JUNTA.


apparent from the three following chapters, devoted to the important general topics of mission affairs, trade, finance, immigration, and foreign relations.


The asamblea, or junta, whose sessions of January and February have already been recorded in connec- tion with the revolution,3 met again at Los Angeles in regular session on the 2d of March, and held fre- quent meetings until October, the northern members, Spence, Munras, and Estrada, being absent, but sev- eral southern suplentes being called in at various times to take their places.4 Pico, Botello, Figueroa, Cárlos Carrillo, and Ignacio del Valle were the members and suplentes who were present from March to May. The first matter that came up for consideration-and the only important one except those connected with commerce and missions, as noted elsewhere-was the preparation of an expediente on the late proceedings against Micheltorena, to be sent to Mexico as a de- fence of the Californians. Pico and Castro, three days after the treaty of Cahuenga, had written to the


3 See chap. xxi. of this vol.


4Sessions of March, April, and May, recorded in Dept. St. Pap., MS., x. 77, 87; Leg. Rec., MS., iv. 37-64, 250-61, 266; Dept. St. Pap., S. José, MS., v. 93; Id., Ben., ii. 101. Many minor routine matters, including land grants, local complaints, days of meeting, regulations of voting and debate, reports of committees, excuses of members for non-attendance, etc., receive no further notice. I may note, however, the following items not pertaining to the topics treated in my text. March 28th, four laws proposed and sent to Mexico for approval, Ist and 2d, on trade, opening the port of S. Diego, and pro- hibiting the introduction of liquors; 3d, on the appointment of gov., the pres- ident to appoint him for 5 years from a list proposed by the assembly accord- ing to art. 136-7 of the bases orgánicas, the 2d part of facultad xvii. of art. 134-giving the pres. authority to disregard the list in the case of frontier departments-not to have effect in Cal .; and 4th, Alta Cal. to extend south to S. Fernando on the Baja Cal. frontier. April 18th, 21st, action on missions. April 23d, educational projecto de ley. April 25th, discussion on confirmation of land grants. April 28th, prop. to establish a mercantile tribunal at Mon- terey; also secret session to propose candidates for gov., with no result given. April 30th, May 7th, land grants. May 9th, 12th, 14th, various minor mat- ters, without results. May 16th, a forest law passed, prohibiting the cutting of timher on private lands and regulating it on public lands. May 19th, the sec., Olvera, to have an assistant as soon as the assembly can afford the funds; rumors of war with the U. S. May 21st, mission matters. May 23d, local troubles between judges at S. Francisco. May 26th, troubles caused by the absence of members without legal excuses. May 28th, decree on the renting and sale of missions.


522


RULE OF PICO AND CASTRO-POLITICAL ANNALS.


president, asking that the ex-governor's reports be not credited, and that judgment be deferred until full ex- planations could be received from a commissioner who would soon be sent for that purpose.5 The assembly named Spence and Abrego at Monterey, Olvera at Angeles, and Francisco de la Guerra in Santa Bár- bara to collect evidence on the subject, indicating in instructions issued some of the sources from which and points upon which evidence was to be sought. At the same time Miguel Pedrorena and J. A. Car- rillo were appointed to visit Mexico and present the charges. Both declined the service, and Pico was authorized to appoint substitutes; but nothing more is recorded in the matter after the end of April.6 On the 28th of March, however, Pico had sent a report and defence to Mexico, with a collection of twelve doc- uments in support of his statements. The documents have been already cited; and the only peculiarity of Pico's defence is the fact that he represented Michel- torena's refusal to convene the assembly as one of his chief offences, alluding to the illegal session at Mon- terey in the spring of 1844. This phase of the sub- ject was rather weak.7


Meanwhile there were disturbances at the new capital, more or less political in their significance. In March Simplicio Valdés was arrested on a charge of having conspired to seize the public funds and proclaim Micheltorena governor and general.8 At the same time Matías Moreno, afterward a somewhat prominent man, was prosecuted for indecorous expres-


5 Feb. 25th, P. and C. to pres. Dept. St. Pap., MS., vi. 18.


6 Mar. 4th, appointments. Leg. Rec., MS., iv. 37-44, 306-8. Pico to Spence, Alvarado, and Castro. Dept. Rec., MS., xiv. 6. Pico to Olvera with instrnc. Dept. St. Pap., MS., vi. 74-5. April 9th, Abrego's instruc. to take statements of 5 or 6 prominent men, search for doc., etc. St. Pap., Sac., MS., xix. 1-2. April 11th, Alcalde Escobar prepared 20 p. of matter under Abrego's instruc. Leg. Rec., MS., iv. 311-12. April 23d, Carrillo and Pedrorena decline. Dept. St. Pap., MS., vii. 330.


Micheltorena, Expediente contra cl General, 1845. In Monitor Constit., May 27-8, 1845; Minerva, May 29-31, 1845.


8 March 26th, Agapito Ramirez was the accuser. An investigation ordered. No results recorded. Dept. St. Pap., MS., vi. 27; Id., Ben. Pref. y Juzg., ii. 54; Dept. Rec., MS., xiv. 27.


523


TUMULTS AT THE CAPITAL.


sions against the government in writing. There was an order issued to banish Moreno across the frontier, but he was set free a few months later.9 In the night of April 8th, some twenty criminals confined in the jail, or guard-house, overpowered their guards, seized their arms, and stationed themselves before the church, where they kindled a bonfire and opened fire with cannon and muskets up and down the street, shouting "Down with Pico, Carrillo, and Sanchez!" As the citizens began to assemble in arms, the enthusiasm of the rebels cooled, and most of them surrendered to the authorities. Three or four of the ringleaders obtained horses and escaped, to be retaken later and sentenced to six years of convict life at Acapulco.10 At the beginning of May, for reasons not explained, Carrillo was temporarily relieved of his command in favor of Andrés Pico, by Castro's order.11 John C. Jones wrote to Larkin as follows: "I have just returned from the pueblo; they are all at loggerheads there. Pio Pico is most unpopular, and José Antonio Carrillo, in my opinion, is endeavoring to supplant him. The present government of California cannot exist six months; it will explode by spontaneous combustion." 12


9 March 26th, 31st, June 13th, 25th. Dept. Rec., MS., xiv. 28-9.


10 April 9th, Carlos Carrillo to Capt. Guerra. Guerra, Doc., MS., iv. 252-3. April 10th, J. A. Carrillo to com. of Sta Bárbara. Id., v. 168-9. Ricardo Urihe, Ritillo Valencia, and Cordero are named as leaders. July, 4 men condemned. Castro wishes them sent away on the Soledad. Dept. St. Pap., MS., vi. 46. Pio Pico, Hist. Cal., MS., 138-9, in telling the story, states that the prisoners were 6 or 8 'respectable men' who were exasperated at Mayor Gen. Carrillo's ill treatment, and fired their cannon at his house. A few days later they sent for Pico, and by his advice gave themselves up for trial, and were acquitted. José Arnaz, Recuerdos, MS., 79-81, gives many particulars of the efforts of the citizens under Covarrubias and Palomares to recapture the prisoners. He says their leader was one Faustino, a Spanish carpenter, who had been unjustly imprisoned by Alcalde Sanchez. They were not sent to Acapulco, but taken north by Castro and finally released. Mannel Castro, Relacion, MS., 142-3, says the prisoners were Indians.


11 May Ist, command of the plaza surrendered. Dept. St. Pap., Ang., MS., viii. 44.


12 May Ist, J. to L. Larkin's Doc., MS., iii. 139. In a letter of May 23d he continues, Id., iii. 163: 'I am more and more convinced that the new govern- ment will be of short life. His Excellency has few or no friends, and every day is becoming more unpopular. Since the arrival of Don Andrés and his taking command over Don José Antonio, who leads a powerful party, the governor


524


RULE OF PICO AND CASTRO-POLITICAL ANNALS.


It was in May that the Maria Teresa brought a report of war with the United States. The matter was mentioned in the assembly, exciting but little at- tention; but at Monterey it was deemed sufficiently important to justify the holding of a junta de guerra, at which about thirty officers were present, the 24th of May. Patriotic speeches were made by Castro, Alvarado, and others; but the only practical result was to authorize the general to despatch a vessel to Acapulco in quest of definite news, and material re- sources for defence, as well as to give assurance of California's loyalty and determination to resist inva- sion.13 It does not appear that any vessel was chiar- tered; but Castañares was subsequently sent to Mexico by the general.


The arrival in June of a comisionado from the supreme government, and the sending of a military comisionado to represent the department at the na- tional capital, as will be recorded a little later, render this a convenient opportunity to turn our attention to Mexico, and to what was done there in 1845 with reference to Californian affairs. During the first three months of the year no later news reached Mex- ico from Monterey than that contained in Michel- torena's reports of December 12, 14, 1844, which arrived in January. Over and over again did Cas- tañares represent the critical condition of his depart- ment, declaring that if relief were not promptly afforded, not only would Micheltorena be forced to leave the country, but that within a few months California would share the fate of Texas, and be lost forever to Mexico. The administration was some- what alarmed, summoned Castañares to a conference, and proposed to send him as governor and general


and Carrillo have been at swords' points. They have descended to personal and scurrilous abuse, and came almost to blows.' Jones was a man prone to hold exaggerated views in these days.


13 May 24th, full report of the meeting by J. M. Castañares, sec., and signed by all the officers participating, in Amigo del Pueblo, Aug. 30, 1845.


525


CASTAÑARES IN MEXICO.


to restore order and save the country. Don Manuel was willing to accept the position temporarily, but he refused to start unless he could carry with him not only assurances and promises, with definite instructions to send away the worst of the cholos and to convoke the assembly, but also 200 cavalrymen perfectly armed and equipped, a complete equipment for 150 infantry- men of the batallon, some cannon and 200 muskets with the proper munitions, and above all, some $13,000 in ready money, with positive orders for prompt quar- terly payments in advance of the $8,000 per month already assigned! He did not propose to go to Cali- fornia on a fruitless mission, to be ridiculed and driven out by his constituents; but his conditions did not suit the government, and no more was heard of the appoint- ment. This was on February 1st; after keeping silent for two months from motives of delicacy, Don Manuel renewed his supplications, and was assured on March 27th that the president had ordered the sending of troops to California. 14


Ministers Cuevas and García Conde in their reports of March both alluded to the lamentable condition of affairs in California and to the probable expulsion of Micheltorena. They regarded the defence of that de- partment as of the highest importance, recognized the real causes that had led to the late governor's over- throw, regretted past neglect on the part of Mexico, and announced the purpose of the government to avert the consequences of that neglect by prompt action.


14 Corresp. of Castañares with the govt, Jan .- March 1845, in Castañares, Col. Doc., 54-70. In his letter of March 30th he seems not to approve the sending of troops that had been announced, without other necessary measures, since their coming was likely to alarm rather than relieve the Californians. The only letter of later date than March was one of July 17th, in which he ex- pressed his fears that it was now too late to save Cal. He wrote no more, as he states in a final note, because the govt in subsequent measures did not con- sult him at all. The preface to his printed collection is dated Oct. 10th, and he concludes with: 'Quiera Dios alejar de nosotros los males que traería á la nacion la pérdida de las Californias!' Bustamante, Nuevo Bernal Diaz, i. 48, represents Castañares as making himself intrusive, in the hope of succeeding Micheltorena. The deputies sitting near him complain that he keeps them Californiados, talking of nothing else. The zealous deputy never returned to Cal.


525


RULE OF. PICO AND CASTRO-POLITICAL ANNALS.


"The government is busy with measures which will assure the integrity of our territory in that most pre- cious part of our republic. A purely military expedi- tion would be impolitic in the actual state of Cali- fornias, since the people were groaning under the ominous yoke of soldiery, which never permitted a meeting of the assembly or of municipal bodies, but made them feel all the weight of brutal power. There- fore the government has to employ force, but always combined with political measures expected to produce the most happy results. The executive regrets that he cannot announce his plans on this subject; but re- peats that he hopes for a favorable and permanent re- sult," said García Conde; while Cuevas added, "This administration desires-and may its measures be suc- cessful !- to supply resources in men, money, and arma- ment, on the point of starting under the command of a new chief, who by his wise conduct may be able to conjure the evils with which California is threat- ened."15




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