History of California, Volume XXII, Part 23

Author: Bancroft, Hubert Howe
Publication date: 1885-1890
Publisher: San Francisco, Calif. : The History Company, publishers
Number of Pages: 816

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212

PRELIMINARIES OF THE CONQUEST.

gest troublesome questions. For instance: Minor and others state that Sloat left Mazatlan for a short cruise and then returned, his departure being promptly made known to Seymour. What means could he have adopted more likely to start the admiral for California, and to insure his arrival there in advance? Or if, as Benton says, Sloat sailed as if for Honolulu, but took a tack in the night, what necessity was there for Sey- mour to follow exactly the same route as his rival ! Moreover, why should Seymour have been so anxious to follow every movement of the Savannah? If he intended to raise his flag at Monterey, was it abso- lutely essential that Sloat should be present at the ceremony? Fourth : Admiral Seymour seems to have paid not the slightest attention to the departure of the Cyune and Shark and Portsmouth, and Cyane again, and the Lerant, any one of which for all he knew might have orders to raise the stars and stripes at Monterey, and all but one of which were actually bound for California waters. Fifth: for a naval com- mander to devote all his energies to watching a single ship, and to leave unwatched for six months a coast of which he intended to take possession, and which was likely to fall into a rival's hands, was, to say the least, a peculiar proceeding. To the ordinary mind California would seem a convenient station for at least part of a fleet whose chief mission was to protect or conquer that country; and there is no indication that the commander of the Juno was instructed to forestall, or even to closely watch, the action of the three Amer- ican ships. Sixth: Sloat, as we have seen, delayed decisive action long after he knew that hostilities had

Within half an hour the Savannah and Preble (?) were ploughing the bosom of the deep, while the mind of the gallant commodore was made up, etc. Sey- mour on reaching Monterey told Sloat that only himself and a few leading Mexicans knew of the existence of hostilities when he left Mazatlan! See also Powers' Afoot, 316-18. Walpole, Four Years, passim, tells us that the Collingwood was becalmed off the coast, thus delaying her arrival. Cronise, Nat. Wealth of Cal., 69, says the English vessel arrived within 24 hours after the Savannah. Others simply say the Savannah outsailed her rival, or that Sloat won on account of getting the news of war first through Parrott. Thus it is seen that the evidence is meagre as well as contradictory.

213

SLOAT VERSUS SEYMOUR.

begun, unable to make up his mind, and disregarding his instructions. Are we to suppose that Seymour, who, as there is no reason to doubt, knew practically as much of events on the Rio Grande as did Sloat, was equally timid and irresolute? Or that he deemed it his duty to copy his rival's stupid blunders as well as to watch his ship? Truly, his delay was inexcus- able if his mission was as alleged; and there was no later success, as in Sloat's case, to relieve him of the blame. Seventh: what, indeed, was the need for the admiral to wait for definite news of war at all? Why might he not, if he had such a design as is imputed to him, have raised the flag in June as well as in July? The rapid increase of American immigration, or cer- tainly the acts of the Bears, afforded a plausible pre- text for acceding to the request of Governor Pico and his friends. Sloat of course required positive evidence of hostilities, because his proposed action in California was one of war, and by acting hastily, he might com- promise his government; but Seymour had no warlike project in view; he was merely to assume protection of a people at the request of its authorities. It is dif- ficult to understand in what respect his act would have been more compromising to his government, or more offensive to the United States, just before than just after the declaration of war. Eighth and finally : there was nothing in the circumstances attending Sey- mour's visit to Monterey, July 16th-23d, to sustain the theory that he had meditated interference. He and Sloat exchanged the customary courtesies without the slightest disturbance of amicable relations; and having obtained from the Americans a set of spars for his vessel, he sailed away for the Sandwich Islands without meddling in politics, or commenting, so far as may be known, on the change of flag.º5

2) In reality, little is known of the Collingwood's trip, except the date of her arrival at Monterey. Lieut Fred. Walpole of that vessel wrote Four Years in the Pacific, Lond. 1849, Svo, 2 vol .; but he pays little or no atten- tion to politics or to details of the vessel's movements. That part of his book relating to Cal. is found in vol. ii. p. 204-19. He gives a little sketch of the

214

PRELIMINARIES OF THE CONQUEST.

I would not flippantly assert that previous writers have fallen into error on a matter like this, where from the nature of the case no positive proof against them can be adduced; but in the absence of like proof in their favor, it has seemed well to consider the at- tendant circumstances; and these, as I think the reader will agree, point almost irresistibly to the con- clusion that the danger of English intervention in any form was a mere bugbear; that the race between the Savannah and Collingwood was purely imaginary. The contrary belief has been a fascinating one for Americans; it is agreeable to dwell on a contest in which we have been the winners. But the satisfaction in this case is not well founded, and there is no reason to believe that there was any intention of raising the English flag in California. The reason why the pro- ject of a protectorate, if considered, was not approved, was probably, as in the matter of conquest or purchase, that 'the game was not worth the candle,' especially as the candle was likely enough to assume the propor-

Bear Flag revolt and other current events, noting particularly the appearance and character of Fremont's trappers. On the subject now under consideration he says: 'On the morning of the 16th of July, 1846, after a long voyage, we were becalmed off the coast of Cal. in the bay of Monterey, and, toward the afternoon, anchored amidst a crowd of American vessels of war. To our as- tonishment we found that they had only a few days before taken possession of the place, hoisted the American colors, and planted a garrison iu the town.' There is no indication that the vessel came by way of Honolulu, as some writers state. Green, in the newspaper article already cited as purporting to coine from Sloat, relates a conversation between him and Seymour, which is to be regarded as purely imaginary. In his report of July 3Ist, Sloat men- tions Seymour's arrival on the 16th, and departure on the 23d, and the inter- change of friendly courtesies. Sloat thonght his coming strengthened the American cause by convincing the natives that he would not interfere. Niles' Rey., lxxi. 133. July 23d, Sloat notifies Montgomery of Seymour's presence and his friendly conduct. War with Mex., Repts Oper. Nary, 29. Phelps, Fore and Aft, 295, and Dunbar, Romance, 40, state that Seymour frankly told Sloat that he had intended to raise the English flag. Colton, Three Years, p. 13-14, notes the holding of a meeting after the flag was raised to discuss the question of asking English protection; and he quotes the facetious argument of one Don Rafael (Gonzalez ?) against it. The same writer, however, Deck and Port, 393, says: 'It has often been stated by American writers that the admiral intended to raise the English flag in Cal., and would have done it had we not stolen the march on him. I believe nothing of the kind; the allega- tion is a mere assumption, unwarranted by a single fact.' Nidever, Life and Adven., MS .. 130, and Swasey, Cal. '45-6, MS., 13-14, mention an exhibition of marksmanship by Fremont's men which delighted the officers of the Colling- wood, and reduced their store of silver dollars.

215

THE MCNAMARA PROJECT.

tions of a foreign war. It is well to note finally that the conclusion reached deprives the Bear Flag cause of the only merit that could ever with any plausibility be attributed to it, that of having saved California from English rule through the influence of Frémont's action in hastening Sloat's movements.

The McNamara colonization scheme, though it car- ries me back to 1845, and forward some days past the raising of the stars and stripes, is treated here because it has commonly been considered a part of the gen- eral scheme of English interference. Of Eugene Mc- Namara, except in connection with the affair in ques- tion, we know only that he was "a native of Ireland, catholic priest, and apostolic missionary." Before August 1845, and probably in the spring of that year, he asked the president of Mexico for a grant of land in California, to be occupied by an Irish colony. His avowed object was threefold. "I wish in the first place," he said, "to advance the cause of catholicism. In the second, to contribute to the happiness of my countrymen. Thirdly, I desire to put an obstacle in the way of further usurpations on the part of an irre- ligious and anti-catholic nation." He eulogized the Irish as the best of colonists, "devout catholics, mor- al, industrious, sober, and brave." He proposed to bring over one thousand families as a beginning, each to have a square league of land, and this first colony to be located on the bay of San Francisco; a second would be established later near Monterey; and a third at Santa Bárbara. He desired for a time exemption from taxes; and claimed to have the approval of the archbishop of Mexico. There being some hesitation on the part of the government, McNamara again urged the advantages of his project and the necessity of prompt action. "If the means which I propose be not speedily adopted, your Excellency may be assured that before another year the Californias will form a part of the American nation. Their catholic institu-

216

PRELIMINARIES OF THE CONQUEST.

tions will become the prey of the methodist wolves; and the whole country will be inundated with these cruel invaders;" but ten thousand Irishmen "will be sufficient to repel at the same time the secret intrigues and the open attacks of the American usurpers." In this communication the petitioner asked for land to be hypothecated in payment of the colonists' travel- ling expenses; and also for the customs duties at San Francisco for a term of years.26

The government was disposed to look with favor upon the scheme; though of course there was no thought of granting coast lands, or least of all, at the ports mentioned by the priest;27 and though there were not wanting those in Mexico who believed Irish settlers more likely to side with the Yankees than the Mexicans. 28 We know very little of the negotia- tions in Mexico, but on August 11th, Minister Cue- vas, in a communication to José M. Híjar, announced that McNamara, highly recommended by the arch- bishop and others, would come to California with Ini- estra's expedition. Híjar was instructed to treat him well, to examine his project, and to consult with the governor with a view to advise the government what was best to be done.29 There is no evidence, how- ever, that Híjar ever received this communication.

In January 1846, under a new administration, Mc- Namara was informed by Minister Castillo Lanzas that his memorial and plan, in accordance with the

26 McNamara's petitions to the president. In Spanish with translations, in Frémont's Cal. Claims, 19-21, 77-9. The documents have no date, and it is not stated where they were found; but there is no reason to doubt their au- thenticity. Most of the matter on the subject is given, from the above source, iu the Honolulu Polynesian, v. 105; and S. F. Californian, Oct. 28, Nov. 4, 1848.

27 Dix, in his speech of March 29, 1848, Dix's Speeches, i. 262-81; Cong. Globe, 1847-8, p. 560-1, reviews the subject, and conveys the impression that the final grant did include, besides the bay of S. F., some of the best lands and most important military and commercial positions in C'al. ! Mayer, Mex- io Aztec, i. 343-5, says ' the govt of Mexico granted 3,000 sq. leagues in the rich valley of S. Joaquin, embracing S. Francisco, Monterey, and Sta Bárbara'!

28 In the Amigo del Pueblo, Oct. 23, 1845, we read : "¿Todavia no se co- noce que todo el que hable el idioma inglés ha de tener mas simpatías hácia los rapaces Yankees que hácia nosotros?'

29 Aug. 11, 1815, Cuevas to Hijar. Fremont's Cal. Claims, 23.

217

AN IRISH COLONY.

opinion of the council, would be submitted to con- gress.30 The documentary result is not extant; but whether congress acted on the subject or not, the empresario doubtless obtained some encouragement but no positive promises from the government with a recommendation to go to California, select lands suit- able for his purpose, and submit his project in regular form to the departmental authorities.31 The Iniestra expedition not being likely to start soon, if ever, the padre took passage on H. B. M. ship Juno for Mon- terey, where he arrived before the middle of June, or possibly at the end of May. There is no informa- tion extant about the Juno's visit, except that she left Monterey on June 17th, was at Santa Bárbara on July 1st, and returning, arrived on July 11th at San Francisco.32 Making known his project to Larkin and probably to others, McNamara sailed still on the Juno for the south to see the bishop and negotiate with the governor. On July 1st at Santa Barbara he submitted his proposition in writing to Pico, hav- ing perhaps first broached the subject to him a week earlier.33 His plan, which had "received the benign cooperation of the venerable and illustrious arch- bishop of Mexico, and the cordial recognition of the supreme government," was now to bring as soon as possible 2,000 Irish families, or 10,000 souls; and he

30 Jan. 19, 1846, Castillo Lanzas to McNamara. 30th Cong. 1st Sess., Sen. Rept, 75, p. 22.

31 To Larkin on his arrival McNamara said that Pres. Herrera had approved the scheme; but that the new president made ohjections, on the ground that the Irish would join the Americans, and that he wanted no English-speaking colonists. Larkin's Off. Corresp., MS., ii. 65.

32 She arrived before June 11th. Larkin's Off. Corresp., MS., i. 90. In a later letter Larkin states incidently that she arrived in May. Id., ii. 81. In Id., ii. 65, he writes, Juue 18th, that she arrived, and left for Sta Bárbara 'yesterday.' July 11th, Montgomery to Sloat. The Juno arrived to-day and anchored at 'Sausolita ' (Sauzalito). 30th Cong. 2d Sess., H. Ex. Doc., i. pt ii. p. 16.

33 In the record of the assembly action of July 6th, Leg. Rec., MS., iv. 363-4, the governor's communication to that body is said to have been dated June 24th; and the same date is mentioned in another record of July 7th. Frémont's Cal. Claims, 25. Still another says it was written June 24th and submitted on July 2d. Bandini, Doc., MS., 87. There may therefore be some error in the printed date of July Ist, or there may have been more than one communication.

218

PRELIMINARIES OF THE CONQUEST.

asked for a grant of the land selected between the San Joaquin River and the Sierra Nevada, from the Cosumnes southward to the extremity of the Tulares, near San Gabriel. This petition was sent by Pico to the assembly, with documents relating to the project and with his approval.34 Lataillade, the Spanish vice- consul, also wrote a letter describing and advocating the colonization scheme.35 On July 6th the matter was brought up in a session of the assembly at Los Angeles, and was referred to a committee consisting of Argüello and Bandini. Their report, rendered next day in an extra session and approved, was favor- able to MeNamara's petition, and recommended that the grant be made under certain conditions; the most important of which were that land should be granted only in proportion to the number of colonists present- ing themselves; that the title should not be suscepti- ble of hypothecation or transfer to any foreign gov- ernment or other ownership; and that sections of good land should be reserved in the region granted.36 The committee further recommended that the depart- mental government should petition congress to allow the colonists exemption from taxes for a number of years; and also for the introduction free of duties of $100,000 worth of merchandise for each 1,000 colo- nists.

34 July 1, 1846, McNamara to Pico, and Pico to assembly. Fremont's Cal. Claims, 23. See also references in note 33.

35 July 2d, L. to Bandini. Bandini, Doc., MS., 84. The writer says there were difficulties in Mexico on account of prospective expenses; but now he understands that the English crown will bear the expense. He favors the plan, because it will create a barrier both against the Indians and the Americans. He foresees the raising of the stars and stripes in case of war; but thinks a period of anarchy will ensue until a regular government is es- tablished, during which the country will be overrun by hordes of lawless strangers; and that while the Irish colonists could not be expected for sev- eral years, the title to lands being acquired, England would protect it and keep the lands from the possession of adventurers.

36 July 7, 1846, report of special com. on McNamara grant. Original blotter in Bandini, Doc., MS., 87. Also in Leg. Rec., MS., iv. 364-8. The tract speci- fied within which the colony lands were to be selected-without prejudice to former grants and with the reservation of alternate sections-was 'on the river San Joaquin and towards the Tulares, on the southern extremity of the lagoons or said tulares, between the latter and the Sierra Nevada, and on the river of Las Animas and its region as far as the Cajon de Muscupiabe, near San Bernardino.'

219

A FRAUDULENT GRANT.

This favorable action of the assembly was for- warded to Pico on the same day.37 It reached Santa Bárbara probably on the 8th; but the governor, it will be remembered, had started a day or two earlier for the north, and did not reach that town on his return until the 12th or 13th. Then he doubtless made out and signed in due form a grant to McNamara, subject to the approval of the national government. The terms and conditions of the grant were substan- tially as fixed by the assembly, it being specified, however, that the tract was to be wholly in the in- terior, twenty leagues from the coast; that each of the 3,000 families-instead of 2,000 as before- should have one league, or less if the tract should not suffice; and that any excess should be reserved by the government.38 Thus far all had been appar- ently regular and in accordance with legal formali- ties. But it is to be noted that the final grant, as extant in print-I have not seen the original manu- script-is dated at Santa Bárbara on July 4th. If the document was really signed on that date, it was in advance of legislative action and invalid; other- wise it was signed after the 12th, and fraudulently dated back, in consequence of Pico's having learned on his northern trip that the United States flag had been raised on the 7th.

With his grant McNamara went up to Monterey. There he explained to Larkin the nature of his scheme somewhat more fully; informed him that he was act- ing for a private company in London; showed him the title-bearing date of July 4th, which shows that date to be not merely a misprint-and asked his opin- ion whether the United States would recognize its

37 July 7th, Figueroa, president, and Botello, sec., to Pico. Fremont's Cal. Claims, 25. July Sth, Bandini to Lataillade, in reply to letter of 2d, already cited. Has done what he could for McNamara, who appears to be satisfied. Bandini, Doc., MS., 88. July 8th, Botello to Moreno. Has been busy with the McNamara affair, which he warmly approves. Moreno, Doc. Hist. C'al., 17-18.

38 July 4, 1846, Pico's grant to McNamara. Translation from original, in Frémont's Cal. Claims, 23-5.

220

PRELIMINARIES OF THE CONQUEST.

validity. Larkin told him the governor could not grant more than eleven leagues in a single deed; and the reverend empresario sailed on the Collingwood for Honolulu en route to Mexico.39 No attempt was ever made to secure recognition of the title in California. It is said, however, that the grant was in Mexico re- ferred to the 'direccion de colonizacion e industria,' which body reported adversely on several grounds --- chiefly that the price fixed by law for the territory in question, but which McNamara had not even prom- ised to pay, was about $71,000,000! In spite of this report, it appears that the colonization committee of congress approved the project; and that is the last we hear of it.4"

Such is the history of the famous McNamara col- onization project. It appears that a company of spec- ulators in London, taking the hint perhaps from the efforts of the Mexican bond-holders in past years, if not composed in part of the same men-though there is no evidence on that point-and foreseeing that in American or other hands Californian lands were likely to increase very rapidly in value, resolved to become the possessors of as large a tract as possible. To avoid opposition from the authorities in a catholic country, a priest was employed to negotiate in the name of an Irish colony. There was probably no expectation of

39 Aug. 22, 1846, Larkin to sec. state. Larkin's Off. Corresp., MS., ii. 81. 4º I have not found any original record of these actions, which are, how- ever, unimportant on account of their date after the American occupation of Cal. I find the information given above with some details in the Honolulu Polynesian, iv. 50, Aug. 11, 1847; quoted also in S. F. Californian, Sept. 29, 1847. It is to be noted that in this account the legislative action is dated July 3d, and the grant July 4th. On Sept. 27th McNamara wrote from Hono- lulu to J. A. Forbes a letter quoted in Hartmann's Brief in Mission Cases, 65. After raving about the 'asinine stupidity of old Aberdeen' in settling the Or- egon question, and referring to his scheme for working the quicksilver mines, he says: 'I am also very desirous of doing something about that grant of land. I will give the Yankees as much annoyance as I possibly can in the matter.' Velasco, Sonora, 310, says the grant was confirmed by Santa Anna, and that McNamara went to Europe to make arrangements; but that litigation is ex- pected. Besides the works I have cited, see on the McNamara scheme, Bid- well's Cal. 1841-8, MS., 151-2, 176; Coronel, Cosas de Cal., MS., 69; First Steamship Pioneers, 170-1; Hesperian, iii. 387; Upham's Life Frémont, 240-1; Cronise's Nat. Wea'th Cal., 69; Lancey's Cruise, 54-5; Tinkham's Hist. Stock- ton, 92: Yolo Co. Hist., 25; and many newspaper accounts.

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221

POLITICAL ASPECTS.

ever sending to California any such number of families as was talked about; but it was thought that a title might be acquired to lands of great value. In order to get as much as possible on the most favorable con- ditions, and with the least possible delay, advantage was shrewdly taken of the bitter feeling against all that was American. The scheme met with as much favor as could have been shown to any measure that had to be submitted to two opposing administrations; but evoked little enthusiasm even in Mexico. And when the speculating presbítero arrived in California, where colonization on a large scale had always been a popular idea, with all his special inducements of op- position to the Yankee invaders and lobos metodistas, he found the authorities by no means in a hurry to disregard the laws and put him in possession of the whole department. He obtained little more than any presumably responsible man might have obtained in ordinary circumstances-the concession of an immense tract of land, valueless then and nearly so for many years later, away from the coast, inhabited by gentile tribes, of extent in proportion to the actual number of colonists sent to occupy it, with title not transferable -hampered, in fact, by all the legal conditions. The chance for speculation on a grand scale was not very apparent. It may be doubted that the London com- pany would have cared for the grant even had their clerical agent not been obliged to tell them that it was fraudulently antedated. At any rate it would have been sold at a low figure to some Yankee speculator during the subsequent years of litigation.

Respecting the international or political aspects of the McNamara project, there is not much to be said; though it is to that phase of the matter that writers have chiefly devoted their attention. Most of them state it as an unquestioned fact that the colony was simply a part of the general plan of the English gov- ernment to get possession of California; and failed, just as the main plan failed, because the British agents were

222

PRELIMINARIES OF THE CONQUEST.

too late. Had there been any such plan-and I have proved to my own satisfaction there was not-it would still be necessary to pronounce its relation to the colony scheme purely conjectural. It is not unlikely that the promoters of the colony, like the bond-holders of earlier years, hoped to acquire a title which should eventually attract the attention and secure the protection of the British government. It is also probable that in Mexico, and tolerably certain that in California, Mc- Namara, to advance his interests, sought to give the impression that to grant his petition would be to secure English favor; but that the government secretly fa- vored the scheme in any way, I find no evidence. In- deed, the establishment of 10,000 Irish colonists in a country as a means of acquiring peaceful possession of the same was hardly a method that would at any time have commended itself to the favor of her Britannic Majesty.

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History of California, Volume XXII, Part 23

Author: Bancroft, Hubert Howe Publication date: 1885-1890 Publisher: San Francisco, Calif. : The History Company, publishers Number of Pages: 816

Author: Bancroft, Hubert Howe
Publication date: 1885-1890
Publisher: San Francisco, Calif. : The History Company, publishers
Number of Pages: 816