History of California, Volume IV, Part 54

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


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Early in April there came the news of Micheltore- na's actual overthrow-news by no means unexpected; whereupon José María Híjar, a person not unknown to my readers, was at once sent as a comisionado to California, with instructions dated April 11th, which were virtually an approval of all that had been done. There was in them no word of blame; there was an exhortation to peace, a request that the assembly would propose the man desired for governor, and an assur- ance that the military force to be sent for the coun- try's defence would be composed of good men under a carefully selected leader.16


Early in May, the tidings came to Mexico that, de-


15 Mexico, Mem. Rel., 1845, p. 25-7; Id., Mem. Guerra, 1845, p. 9-10. Jan. 9th, declaration of Tellez and Mejia-Micheltorena's agents-that they adhere to Gen. Paredes' pronunciamiento. Meteoro de Sinaloa, Jan. 20, 1845. Jan. 18th, decree subjecting Cal. to art. 134, fac. 17 of bases orgánicas-that is, allowing the pres. to appoint a gov. without regarding the list of candidates sent by the assembly. Mexico, Col. de Leyes (Palacio), 1844-6, p. 81.


16 Híjar, Instrucciones del Gobierno Supremo al Comisionado para Cali- fornia, 1845, MS. Later in this chapter I speak again of Híjar's mission.


527


A MILITARY EXPEDITION.


spite Micheltorena's downfall, order had been restored in California, which was by no means disloyal to the nation; and on May 25th was printed in the official newspaper Pio Pico's report of March 28th, in which he gave a correct version of the late troubles, with assurances that his countrymen were law-abiding peo- ple. 17 In reply, a communication was despatched to Pico on May 29th, virtually recognizing the legality of his position as governor, asking his cooperation for the welfare of the country, repeating the spirit of Hi- jar's instructions, demanding California's vote for pres- ident, and renewing the promise of a military force.18 In June and later, several orders were sent to the north bearing on the imminence of war with the United States, as will be noted later,19 and in July, as we have seen, Micheltorena arrived and was not very cordially received. With one exception, there is no other topic to be noticed in this connection.2)


The military expedition determined on by the gov- ernment as early as April was long enshrouded in a kind of mystery, for reasons not very apparent. I have already noted several allusions to the matter. As late as July 18th, the minister of war assured congress that there was being fitted out 'a most bril- liant expedition,' the success of which depended on a secret which he had no authority to reveal.21 It was in August that the veil of secrecy was lifted, and it became known that a fully equipped force of at least 600 men, veteran troops, was to be sent from Mexico


17 Diario del Gobierno, May 25, 1845, containing Pico's report of March 28th, copied in substance next day in Bustamante, Mcm. Hist. Mex., MS., ii. 103- 6, with previous mention of the subject in Id., ii. 92, 100. Bustamante dis- liked Micheltorena, and was very ready to believe that the Californians had been justified. The report of Pico has been noted in connection with the Micheltorena, Exped., printed in other Mex. newspapers.


18 May 29th, Cuevas to Pico. St. Pap., Sac., MS., xvi. 17-19; Guerra, Doc., MS., vii. 199.


19 Vallejo, Hist. Cal., MS., v. 64-9, quotes a letter of June 3d from Cas- tillero to Castro, announcing that the latter was to be confirmed as conian- dante general. 'The pill is a bitter one, but they will have to swallow it'!


20 In Nov. there was a report of a union of some kind between Cal. and Sonora. Bustamante, Mem. Hist. Mex., iii. 158.


21 Bustamante, Nuevo Bernal Diaz, i. 48.


528


RULE OF PICO AND CASTRO-POLITICAL ANNALS.


by Acapulco, under the command of Colonel Ignacio Iniestra, an able officer educated in the military schools of France. Salvador M. Iturbide was the agent, or comisario, who, under Iniestra, superin- tended the outfit of this army. Large quantities of stores were purchased at the capital and sent on mules to the coast; four vessels were chartered at Acapulco to transport the troops under two men-of- war as convoys, and the troops themselves, including three hundred infantry under Colonel Baneneli, marched from Mexico in detachments, which in Oc- tober were scattered along the route to Acapulco. Meanwhile Andrés Castillero had been sent to Cali- fornia to superintend preparations for the reception of the force,22 and a controversy had broken out at the capital. It was charged that there had been waste, extravagance, and even dishonest management in fitting out the expedition, so that the funds liber- ally but carelessly provided by the government had been exhausted at the beginning, and before the end of September great difficulty was experienced in sup- porting the troops already en route. Iniestra and Iturbide denied the charges of mismanagement, and threw the blame for present difficulties on other shoulders. In the details of the scandal we are not interested,23 and the results are not very definitely


22 No date, Castillero's instructions from Gen. Iniestra. Dept. St. Pap., MS., vii. 37-8. It was probably in July or August that he left Mexico, aud the expedition was then expected to sail from Acapulco about Sept. 20th.


23 Iniestra, Expedicion de Californias, 18.45, a series of long editorials, with letters from Iniestra, Iturbide, and others, in the Amigo del Pueblo, Sept. 2, 9, 18, 27, Oct. 4, 23, 25, 30, Nov. 15, 25, 27, Dec. 4, 1845. It was charged that tent-poles were sent from Mexico on mules; that 'hard-tack' was likewise transported, its cost in Mexico being about the same as at Acapulco; and that the charter of one of the vessels at least cost as much as the vessel was worth. Much ridicule was also directed to the employ- ment of a large number of musicians; it being suggested that California, like Jericho, was to be taken by the sound of trumpets miraculously, by this 'expedicion musico-militar.' The transports chartered and lying at Acapulco for months at great expense were the Mercurio, Catalina, Correo de Acapulco, and Primavera; and the convoys Anáhuac and Correo de Californias. In many numbers of the Amigo from Sept. to Nov. appeared a series of 'pre- guntas sueltas,' one of which was, 'La espedicion a Californias, por fin, va o no ? Herros visto al Coronel Iniestra muy despacio en un café, y muy con- tento al parecer, mientras que los buques estan ganando estadías en Acapulco,


520


INIESTRA AND HÍJAR.


recorded. It seems, however, that before the end of the year the arms, ammunition, and various other stores belonging to the expedition reached Acapulco, as did a large part of the troops; but the men joined General Álvarez in the revolution of December against President Herrera, and all the stores, together with the ships, fell into the hands of the revolutionists, while California was left to defend herself.24


Let us return to California and to the month of June. José María Híjar, Mexican comisionado and formerly director of the famous Híjar and Padrés colony of 1834, arrived at Santa Bárbara on June 8th. He announced his arrival, presenting his instructions next day, and was welcomed by Governor Pico on the 11th, by the assembly on the 13th, and by Castro and Alvarado a little later, no secret being made of the nature of his mission.25 Híjar had been selected because of his knowledge of California, where his unpopularity, arising from the colony affair, was supposed to have died out. Had there been any difficulties in his way, his mission would doubtless have been a failure; but as he really had nothing to


y se está apolillando la galleta que se llevó allá desde esta capital. Esto no es calcular á la Iniestra, sino á la siniestra.'


2ª President Paredes, in his address of June 6, 1846, to congress, qualifies the revolt of this expedition as 'horrible and parricidal.' Mexico, Mem. Relaciones, 1847, annex., p. 94. Gen. Manuel Marquez de Leon writes to the Eco de Occidente (Guaymas), Sept. 25, 1878, that he was a member of the expedition, and blames the party that prevented its departure and thus lost California. The news that the expedition was in difficulty and would proba- bly not come reached California on the Hannah, Jan. 17, 1846. Dept. St. Pap., Ben. Pref. y Juzg., MS., ii. 116. See also Bustamante, Nuevo Bernal Diaz, ii. 14, 58.


23 July Ist, Pico to min. of rel., announcing Hijar's arrival and reception at Angeles; likewise the 'inexplicable pleasure in my heart' with which he ordered the publication of his instructions, 'amid salvos of artillery, ringing of bells,' ete. Dept. Rec., MS., xiv. 53-6. April 11th, Hijar's instructions. Dept. St. Pap., Ben., MS., iii. 72-6. June 9th, H. to P. Dept. St. Pap., MS., vi. 34-5. June 11th, P. to H. Dept. Rec., MS., xiv. 49-50. June 13th, action of assembly, thanking the sup. govt and welcoming Hijar. Leg. Rec., MS., iv. 68-70. June 21st, Alvarado to H. Castro starts to confer with H. Dept. St. Pap., Ben., MS., iii. 70-1. June 25th, Pico to Larkin, describing Hijar's mission. Vallejo, Doc., MS., xxxiv. 139. June 12th, Pico announces to the people that the sup. govt is seeking to promote the welfare of Cal. Dept. St. Pap., Ang., MS., x. 77; also in Avila, Doc., MS.,. 143-8.


HIST. CAL., VOL. IV. 34


530


RULE OF PICO AND CASTRO-POLITICAL ANNALS.


do but to announce the welcome news that the revolutionists had nothing to fear from Mexico, he met with no opposition whatever. He was an educated gentleman, who played the guitar and made himself agreeable. He did not meddle in politics beyond writing a few routine communications, and he died at Los Angeles on December 19th, probably before he had spent all the advance of salary received in Mexico. 26


At about the time of Híjar's arrival, Castro sent José María Castañares to Mexico, presumably in con- sequence of the Monterey meeting of May 24th, to explain California's needs in connection with the ru- mors of coming war. Of his instructions, or what he tried to accomplish in Mexico, nothing is known, and nothing was known at the time; but Pico and the as- senibly suspected that the mission might not be fa- vorable to their interests, and requested the suprenie government to pay no heed to Castañares' representa- tions on matters pertaining to the civil administra- tion.27 On June 27th, in accordance with the recom- mendation brought by Híjar, the assembly balloted for a quinterna of candidates for governor, selecting the following five names given in the order of prefer- ence: Pio Pico, Juan Bandini, M. G. Vallejo, José de la Guerra y Noriega, and Antonio M. Osio.28 In


26 Dec. 19th-20th, death and burial of Híjar. Dept. St. Pap., MS., vi. 136; Arch. Sta B., MS., x. 247. Arnaz, Recuerdos, MS., 82-3, says that Híjar told him he had authority to declare himself governor or general if he should dcem it best. Alvarado, Hist. Cal., MS., v. 96-109, 116-23, and Vallejo, Hist. Cal., MS., v. 35-43, devote considerable space to Híjar's mission, which they ridicule, blaming Picoalso for divulging the nature of his secret instruc- tions. They state that H., finding he could accomplish nothing, resigned. They say also that he was coldly received by all but Bandini and some of the old colony men, speaking of impolite toasts and speeches made at a banquet given him by Bandini. I find, however, no contemporary evidence that the old troubles were remembered, or that Hijar had any difficulties whatever.


zī Leg. Rec., MS., iv. 246-7; Dept. St. Pap., MS., vi. 84; viii. 8-9; Castro, Relacion, MS., 145-9.


28 June 27th, Pico's proclamation of the result. Doc. Hist. Cal., MS., ii. 40; Dept. St. Pap., MS., viii. 30-3; Id., S. José, v. 95-6; Leg. Rec., MS., iv. 74, 76; July 29th, Celis to Vallejo. Vallejo, Doc., MS., xii. 145. ' What a se- lection!' writes Jones. 'This I will wager, however, that should the president select from that number-a thing most improbable-Bandini will be the man; and in my opinion, of the five he is the man most fit to fill the office; he would,


531


SUPREME COURT.


the same month there were fears at the capital that there was to be another revolt of the prisoners, José Antonio Carrillo having in the mean time been re- stored to command.23 I append an outline of the as- sembly's proceedings for June and July.30


The three great matters that occupied the atten- tion of the legislators at Los Angeles in July were the reorganization of the supreme court, constitu- tional reform, and a restoration of the prefectures. The tribunal superior, according to the act of the as- sembly on July 2d and Pico's proclamation of the 4th, was to consist provisionally of two justices, to al- ternate as presidents, and a fiscal, each receiving a salary of $2,000 and being appointed by the governor from candidates named by the assembly. The tribu- nal was to appoint a secretary, first oficial, and clerk; was to be divided into two chambers to consider cases of second and third instance respectively; and was to be governed by the law of 1837. Men learned in the law were to be obtained for justices as soon as possi-


however, never go down for governor in California.' Larkin's Doc., MS., iii. 212.


29 June 16th, Carrillo to Pico, and governor's orders. Dept. St. Pap., MS., vi. 42-3; Id., Ang., xi. 149-51.


30 Sessions of assembly, June 1845. June 11th, land grants; complaints of private individuals against local authorities; absence of members. June 13th, Guerra of Sta Bárbara takes his seat; land grants; Hijar's instructions. June 16th, 18th, lands; Híjar's mission. June 20th, lands; Bandini retires from secretaryship in favor of Covarrubias. June 23d, lands; committee on polit- ical division of the department urged to make haste; Valle not permitted to retire. June 25th, lands; petty local affairs; committee work. June 27th, lands; S. Diegans want a tribunal mercantil; report on courts; quinterna for governor. June 30th, lands; courts. Botello and Valle generally monopo- lized the discussions in these days. Leg. Rec., MS., iv. 64-77.


Session of July 2d, organization of courts. July 4th, ditto; and division of dept into districts and partidos. July 7th, reply to criticism; absent mem- bers; vote to publish corresp., showing that due efforts had been made to se- cure attendance. July 9th, lands; supreme court. July 11th, lands; elections; constitutional reform; Valle allowed to retire; also Guerra for 15 days. July 14th, 16th, 18th, constitutional reform; Spence and Munras still 'sick.' July 21st, same topic; long discussion on parliamentary rules; Botello vs Pico; gov. not allowed to decide a tie by his vote de calidad. July 25th, Botello had left the assembly in disgust, but now returned to his duties; declaration in favor of the federal system of 1824; Castro's representation to the sup. govt read. Leg. Rec., MS., iv. 77-104. The more important topics are fur- ther noticed in my text.


532


RULE OF PICO AND CASTRO-POLITICAL ANNALS.


ble, and were to receive an increased salary. As the court seems never to have performed any of its duties, it does not appear necessary to specify those duties more fully.31 On July 9th the assembly suggested three candidates for each of the leading positions, and two for each of the substitute justices; and on the 12th the following appointments were made: 1st min- istro, J. A. Carrillo; 2d, Manuel Requena; fiscal, Ma- riano Bonilla; ministros suplentes, Ignacio Coronel, Santiago Argüello, Raimundo Carrillo, José Abrego, Salvio Pacheco, and Guillermo Castro.32 Carrillo de- clined the appointment immediately, and Bonilla later, as did Bandini appointed in Carrillo's place. Juan Malarin, president of the old tribunal, protested against a change which deprived him of his position, but his protest was not heeded. In September, and later, an attempt was made to organize the court by calling in the suplentes, but apparently without success. 33


In the matter of constitutional reform, suggestions had been received from Híjar on changes affecting California alone; while on those affecting the national system, propositions were received from Michoacan, Puebla, and Chiapas. On the first point, the decision reached by the assembly, June 14th, to be submitted to the supreme government for approval, was that to California there should be granted exceptional laws, giving to the governor, assembly, and municipalities greater powers than were held in other states, and also that duties on foreign goods should be reduced at least ten per cent, no class of goods being prohibited,


$1 July 2d-4th. Leg. Rec., MS., iv. 75-83; Doc. ITist. Cal., MS., ii. 46; Dept. St. Pap., Ang., MS., x. 64-7.


8% Leg. Rec., MS., iv. 87-9; Doc. Hist. Cal., MS., ii. 51-2; Dept. St. Pup., MS., vi. 85; Id., Angeles, x. 67-9.


33 July 13th, Carrillo declines, Dept. St. Pap., Ben. Pref. y Juzg., MS., iv. 44, 46-7. July 21st, Requena accepts. Id., iv. 47. Aug. 8th, Sept. 11th, Coronel and Bonilla decline. /d., iv. 44, 46. Aug. 20th, Malarin complains. Id., iv. 47. Sept. 25th, 27th, Bandini declines. Id., iv. 45-6. Aug. 18th to Oct. Ist, action of assembly and efforts to organize the court. Leg. Rec., MS., iv. 113-15, 227-8, 237-8, 281-2, 200-3; Dept. St. Pap., MS., viii. 29; Id., Ang., x. 73; xi. 161. Malarin had been snubbed by the assembly, but he still presented his claims on Dec. 31st. Dept. St. Pap., MS., vi. 137-8.


533


PREFECTURES RESTORED.


and trade in national goods being entirely free. So far as national affairs were concerned, the assembly voted finally, on July 25th, in favor of the federal sys- tem of 1824, with some modifications to prevent een- tralization of power, and to insure individual rights.34


The third project, and the only one of the three that was practically carried into effect, was a division of the department into districts, and a restoration of the former system of prefectures. By the act of July 4th, published by Pico July 5th, Alta Cal- ifornia was divided into two districts-the 1st, that of Los Angeles, from San Luis Obispo south, with three partidos, 1. Los Angeles, 2. Santa Bárbara, 3. San Diego; and the 2d, that of Monterey, from San Miguel north, with two partidos, 1. Monterey, 2. Yerba Buena. At Monterey there was to be a prefect, and in every other partido a sub-prefect. At Los Angeles and Monterey the ayuntamientos were to remain; and in each other partido there was to be a junta municipal, consisting of the justice of the peace and two citizens, presided over by the sub- prefect. In the 1st district the sub-prefects were to exercise the powers of the prefects, except cer- tain ones reserved for the governor. All the new officials were to be governed by the former regula- tions of 1837, except so far as they might conflict with the constitution and with the present decree.35 Manuel Castro, nephew of Pico, cousin of the gen- eral, and a prominent man in the first movement against Micheltorena, was made prefect of the 2d district, and assumed the office August 2d.36 The


34 June 13th, Híjar to Pico. Dept. St. Pap., MS., vi. 35-7. Action of as- sembly July 11th, 14th, 16th, 21st, 25th. Leg. Rec., MS., iv. 91-103, 270-3; Moreno, Doc., MS., 85; Carrillo, Doc., MS., 3-4; Carrillo (J.), Doc., MS., 47-9.


35 July 4th, 5th, decree of assembly and Pico's bando restoring prefec- turas. Doc. Hist. Cal., MS., ii. 47; Leg. Rec., MS., iv. 79-83; Dept. St. Pap., S. José, MS., v. 98-101: Id., Ang., x. 60-3; Sta Cruz, Arch., MS., 30. The prefect had a salary of $1,500, with a sec. at $600; sub-prefects had $500, except at Angeles, $600-all to pay their own office expenses. All appointed by the gov. except the sub-prefect of Yerba Buena, who was appointed by the prefect with the governor's approval.


36 July 12th, Castro's appointment; July 18th, letter of acceptance;


534


RULE OF PICO AND CASTRO-POLITICAL ANNALS.


appointments of sub-prefects will be given in connec- tion with local annals.


Early in July General Castro went down to Los Angeles. About the same time the Soledad brought Captain Flores with the Mexican despatch of May 29th, already mentioned as including a virtual approval of all that the Californians had done, an assurance that a large military force would soon arrive, and a request for the presidential vote of the department.37 Castro's business at the capital was chiefly connected with the division of the revenues between the civil and military branches, on which topic the governor and general soon came to an agreement, as will be re- lated in the next chapter.33 There is but slight evi- dence of controversy at this time between the two factions, except in the letters of Jones, who repre- sented Castro as having come south full of wrath and determined to have vengeance, though his tone was somewhat modified by the news from Mexico. It is evident that Jones' statements on this subject were exaggerated.39 Jones and Larkin also fell into an error respecting the news from Mexico, representing the coming expedition as intended to punish the Cali- fornians and their foreign allies against Micheltorena,. all of whom were in great terror, but resolved to resist to the death, and to that end were engaged in


Aug. 2d, sworn in. Doc. Hist. Cal., MS., i. 491; ii. 84; Castro, Doc., MS., i. 132, 137; Dept. Rec., MS., xiv. 65-6; Dept. St. Pap., Ben., MS., v. 375- 6, 364-5; Id., Angeles, x. 68-9.


37 July 9th, arrival of the Soledad at S. Pedro; July 11th, 12th, publication of the despatch of May 29th. Dept. St. Pap., MS., viii. 1-2; Id., Ang., xi. 156-8; St. Pap., Sac., MS., xvi. 17-19; S. José, Arch., MS., iii. 2; Sta Cruz, Arch., MS., 91-3; Guerra, Doc., MS., iv. 188-9. July 12th, Mckinley to Larkin on the arrival. Larkin's Doc., MS., iii. 218.


38 June 21st, Castro leaves the command at Monterey to Alvarado during his absence. Dept. St. Pap., MS., xiii. II. June 30th, C. expected soon at Angeles, but not yet arrived. Doc. Hist. Cal., MS., ii. 44.


39 July 7th, Jones to Larkin. Larkin's Doc., MS., iii. 212, and similar ideas in other letters. In his letters of July 20th he says: 'From all accounts, the capital is in a most rebellious and disorderly state. Justice has closed her wings and fled from that place. The governor is most unpopular; he is led by the nose by the new secretary (Covarrubias), who is placarded almost every day. The Honorable Assembly are at loggerheads, and confusion is the order of the day.' It is also said that Castro and Hijar had quarrelled.


535


VOTE FOR PRESIDENT.


raising forces.4 Of course this was all wrong. Mexico had no intention to avenge Micheltorena's downfall; and the Californians had no fear of such a movement, understanding perfectly that the expedition was to de- fend the country against American invaders. It is not easy to determine whether Larkin intentionally misrepresented these matters for effect on newly ar- rived immigrants and at Washington, or whether he was misled by Castro and Alvarado, who wished to conceal the preparations being made against the United States.


California's vote was cast on August 1st by the as- sembly for Herrera as president of the republic, though Gomez Farías got two of the five votes-those of Bo- tello and Carrillo.4 Later in the month came rumors of impending war, duly published with appeals to pop- ular patriotism, and orders for military organization- all to be repeated and redoubled in September, when there came from Mexico more definite reports and orders, brought by Andrés Castillero, who came to act as co-comisionado with Híjar, and especially to prepare for the reception of Iniestra's army. Indeed, this expectation of war with the United States, with resulting acts and correspondence, including the re- ception of overland immigrants and Castillero's nego- tiations for the purchase of Sutter's Fort, was the principal matter to be noticed in the last half of this year; but it is also a topic to be treated in a later


4 July 7th, 20th, J. to L. July 10th, L. to sec. state and to N. Y. Journal of Commerce. Larkin's Doc., MS., iii. 212, 226; Id., Off. Correxp., MS., ii. 25- 6; Niles' Reg., Ixix. 203.


4 Aug Ist, vote for Herrera announced by Pico to min. of rel. Dept. St. Pap., MS., viii. 7; Leg. Rec., MS., iv. 104-5; Doc. Hist. Cal., MS., ii. 71; Vallejo, Doc., MS., xxx. 147. Vallejo, Hist. Cal., MS., v. 43-4, credits Pico with having managed this affair very skilfully to get the vote thrown for Her- rera, who was not popular, while Castro and Alvarado were absent; but there is no foundation for this view of the matter. Doubtless the bearer of the de- spatch of May 29th had instructions as to who was to receive the vote, and the Californians were glad to obey orders, not caring who was president. Rivera, Hist. Jalapa, iii. 705, states that Cal. did not vote. Perhaps the vote did not arrive in time. On April 21st Herrera's accession to the presidency had been published in Cal. Dept. St. Pap., Ben. Pref. y Juzg., MS., v. 30. On Sept. 9th, a vote was also thrown for Castillo as justice of the Mexican sup. court. Leg. Rec., MS., iv. 121-2.




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