History of California, Volume XXII, Part 30

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

USA > California > History of California, Volume XXII > Part 30

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

The march to Los Angeles was begun on August 11th. Larkin had been sent ahead with a message for Castro, but that same afternoon news came of the general's retreat. No enemy was seen, but progress was very slow, as the artillery had to be drawn by oxen or by the sailors themselves. Two nights were spent on the road. Captain Phelps of the Moscow arrived at San Pedro the day after Stockton's depart- ure and at once started to overtake him. He gives an excellent account of the expedition and events immediately following, indeed the only one extant, so far as details are concerned. From him we learn that 150 sailors were sent back as soon as Castro's flight was known; that the main force encamped for the night at Temple's rancho, was kept under arms

30 It is fair to say that the last lie was taken by this writer, as it has been by others, from Colton's Three Years in Cal., 36.

281

TAKING OF LOS ANGELES.

for two hours on account of the alarm created by the cries of two coyotes; and that Stockton and Larkin entered the city, where they were joined by the writer, before the arrival of the troops.31 At Castro's abandoned camp were found ten pieces of artillery, four of them spiked.32 Major Fremont from San Diego met the marine force just outside the town; and at about 4 P. M. on the 13th the combined armies entered the capital, where the flag of the United States was at once raised with the usual ceremonies, and, here as elsewhere in California, without the slightest demonstrations of opposition or disapproval on the part of the inhabitants.33

Some of the Angelinos had fled to their ranchos or those of their friends as the Americans drew near the town; others had withdrawn to the hill to see what the strangers would do with the capital. The latter returned to their homes before night, attracted by assurances that no harm should befall them, and un- able to resist the influence of a full brass band. The former also returned with few exceptions as the days passed by. Frémont and his men made a tour south- ward in quest of fugitives; but were not able greatly to advance the cause of reconciliation, on account of

31 Phelps' Fore and Aft, 297, etc. Of Stockton's army on the march he says: 'First came the full band of music, followed by Capt. Zeilin and his marines; then Lieut Schenck and the web-feet; Lieut Tilghman and a hat- tery of four quarter-deck guns mounted on as many bullock carts; the car- riages of the guns were secured by the breechings, and ready for instant ser- vice. Each cart was drawn by four oxen-the baggage ammunition followed in similar teams; the purser, doctor, and some other officers -- part of them mounted on rather sorry horses, the others on foot.' In Stockton's Life we read: 'The enemy were often in sight, threatening their flanks or advance guard, and hovering on the brows of adjacent hills'! B. D. Wilson, Obser- vations, MS., 62-3, claims that he had gone out to meet the Americans; and that it was on his invitation that Stockton came with him in advance into the town.

32 Stockton's Mil. and Naval Oper., 2.

33 On Stockton's occupation of Los Angeles, see also Stockton's Report, 38- 9; reports of secretaries of war and navy, Dec. 5, 1846, 29th Cong. 2d Sess., II. Ex. Doc. no. 4, p. 52, 379; Stockton's despatches and annexed documents, in 30th Cong. 1st Sess., H. Ex. Doc. no. 70, p. 38-42; Lancey's Cruise, 111-14; Tuthill's Ilist. Cal., 186-9; S. F. Bulletin, Oct. 10, 1866; Monterey Califor- nian, Sept. 19, 1846. The first official act of Stockton at Angeles, as shown by the records, was the appointment of Larkin as U. S. navy agent. Lar- kin's Doc., MS., iv. 254.

282

STOCKTON'S RULE-OCCUPATION OF THE SOUTH.

the bad reputation given him by Castro, though when better known he became popular in the south. The chief influence brought to bear was that of old for- eign residents, who counselled submission. Phelps, a well known trader, did something in this direction cluring a business trip to San Diego and back. Offi- cials were required to give their parole; others merely to comply with the necessary police regulations of military rule. Castro's men had started in several parties for their northern homes soon after the gen- eral's departure, dispersing as they advanced. A few of them were captured and paroled on the way by a detachment of the California battalion sent in pur- suit.34 Others were paroled later in the north; while a few officers of both sections escaped altogether the humiliation of submission. The parole records have not been preserved; but the names of certain officers who broke their promise will be given later. Local authorities as a rule declined to serve; but there were exceptions; and several prominent abajeños, notably Bandini and Argüello of San Diego, became openly partisans of the American cause.35 There still smoul-

3+ I find in Lancey's ('ruise, 117, more particulars of this matter than any- where else. He says Lient Maddox, with the companies of Ford and Swift, left Angeles Ang. 16th; captured and paroled 15 officers near S. Luis Obispo after a 'sharp skirmish; ' and reached Monterey on Sept. 21 (this date comes from the Californian, Sept. 5, 1846) or 10th. Alvarado and Jesus Pico were among those taken; but I do not think Manuel Castro was paroled, as Lancey states, or that there was any skirmish. Pico, Acont., MIS., 67-8, mentions the arrest and parole of himself and Alvarado by a party that took possession of S. Luis. Alvarado, Hist. Cal., MS., v. 249-50, mentions his own arrest and parole by Fremont's men; but says that C'astro had previously disbanded his men and taken refuge in the mountains. Several Californians describe the march vaguely, but say nothing of any hostile meeting. I have before me an original summons sent by Sub-prefect Thompson to Manuel Castro and his companions to appear before him on complaint of citizens whose horses they were taking on their retreat. It is dated Sta Bárbara Aug. 13th. Doc. Hist. Cal., MS., iii. 261. Of course the summons was not obeyed, though some say that Don Manuel sent back a challenge to Thomp- son to come out and fight. On or about Aug. 26th Maddox seized 17 horses and a mule on Capt. Guerra's S. Julian rancho. It appears he had an order for certain animals, but took more than the order called for. So testifies the majordomo Gregorio Lopez. Guerra, Doc., MIS., vii. 200-1.

35 In Bandini, Doc., MS., 98, I have an address to the people, in which Bandini and Argüello explain their reasons for accepting the situation, and urge all Californians to do the same. It is a long document, but does not re-

283

MORE PROCLAMATIONS.

dered in the hearts of many Californians a bitter Mexican prejudice against the invaders, but there were few if any open manifestations of discontent. Mounting a few guns on the hill, and organizing a garrison, Stockton soon retired his naval force to the Congress. It only remains to notice the commodore's successive orders, his proposed organization of a civil government, his placing of garrisons in the southern towns, and his departure for the north. 36

On August 17th Stockton published his second proclamation to the people, signing himself "Com- mander-in-chief and governor of the territory of Cali- fornia." It merits none of the unfavorable criticism called forth by the earlier production. In it the com- modore simply announced that the country now be- longed to the United States,'and as soon as possible would be governed like any other territory of that nation; but meanwhile by military law, though the people were invited to choose their local civil officers, if the incumbents declined to serve. Liberty of con- science and full protection of life and property were promised to all who should adhere to the new govern- ment; none others were permitted to remain. Thieves were to be punished by hard labor on the public works; and the California battalion was to be kept in the service to preserve the peace.37 It was also on the

quire quotation. The arguments presented rest on Mexico's past neglect and California's consequent misfortunes; on the inevitable separation from Mexico sooner or later; on the impossibility of resisting the American forces; on the necessity of self-preservation; and on the prospective prosperity of the country under so liberal, fraternal, and strong a govt as that of the U. S. In Id., 93, 96, I have letters from Fremont and David Alexander to Bandini, Aug. 22d, 24th, in which both dwell on the glories of American rule, address- ing Don Juan as a friend of the cause, and Fremont also announcing the defi- nite news of the Mexican war.

36 In the Monterey, Consulate Arch., MS., ii. IS, Larkin charges up his expenses on the southern trip $376. Sept. 2d, Olvera informs Moreno that Luis Vignes had to give up thearchives. Moreno, Doc., MS., 23. Hargrave, Cal. in '46, MS., 8-9, notes the accidental discharge of his gun while he was doing duty as sentry, and Frémont was in the room above, the bullet narrow- ly missing him. Tuthill, Hist. Cal., 189-90, and several others represent Frémont as not having arrived until after the occupation of Angeles.

37 Aug. 17, 1846, Stockton's proclamation. 29th Cong. Od sess., H. Ex. Doc. no. 4, p. 669-70; S. Diego, Arch., MS., 316-17 (an original); Monte- rey Californian, Sept. 5, 1846; S. F. Cal. Star, Jan. 9, 1847; Bryant's

284

STOCKTON'S RULE-OCCUPATION OF THE SOUTH.

17th that Fremont's men started in search of Pico and other Californian fugitives; and on the same day the Warren, Commander Hull, anchored at San Pedro from Mazatlan and Monterey, bringing definite news of a declaration of war.38 On the 15th Stock- ton had fixed the duties on foreign goods at fifteen per cent ad valorem, and tonnage duties at fifty cents per ton; on the 19th, he proclaimed all the Mexican coast south of San Diego "to be in a state of vigorous blockade," except against armed vessels of neutral nations; and on the 20th he issued orders to com- manders Hull and Dupont to blockade the ports of Mazatlan and San Blas with the Warren and Cyane.39

On the 22d of August Governor Stockton ordered an election of alcaldes and other municipal officers to be held in the several towns and districts of Califor- nia, September 15th.“ This order, identical in pur- port with a paragraph of the proclamation of the 17th, was the only step taken by the new governor-except the act of calling himself governor-toward the or- ganization of a civil government. All else took the form of plans for the future. He determined, and announced his intention both to Frémont and to the secretary of the navy, to form a civil territorial gov- ernment, and to appoint a governor in the person of Frémont, with other territorial authorities to rule after his own departure. He even prepared a plan, or constitution, which he submitted to his govern- ment, but did not publish or attempt to put it in op-

What I Saw in Cal., 298-9, etc. All persons during the continuance of mili- tary law were required to be within their houses from 10 o'clock to sunrise; and persons found with arms outside their own houses were to be treated as enemies. It will be noticed that this document differs in no important re- spect from Sloat's proclamation of July 7th.

38 Phelps' Fore and Aft, 303. The arrival of the Warren at Monterey on Aug. 12th, and departure on the 13th, are noted in Colton's Three Years, 28-9. The vessel brought not only Mexican papers announcing the war, but also Sec. Bancroft's despatch of May 13th.

39 Stockton's Despatches, 1846, in 29th Cong. 2d Sess., H. Ex. Doc. no. 4. p. 668-75.

40 Id., 671; Dept. St. Pap., S. José, MS., vi. 59-60. The former alcal- des, whether elected or appointed, were to hold the election.

285

CIVIL GOVERNMENT.

eration. 41 In his later report, the commodore gave somewhat elaborately the motives that impelled him to substitute a civil for a military government, but did not allude to any definite acts beyond the issu- ance of commercial regulations and the order for local elections; though he tried to create the impression, as he always maintained, that the change from mili- tary to civil rule was practically effected at the time.4. His motives as alleged were good and sufficient; his right as a naval commander ordered to occupy Mexi- can ports to establish a civil government need not be questioned here; but the fact that he did not organ- ize such a government, while intending to do so, has some importance in view of later complications.

Deeming the conquest complete, Stockton resolved

41 Aug. 24th, Stockton to Frémont; Aug. 28th, Stockton to Bancroft; no date, form of constitution; in Stockton's Despatches, 1846, p. 668-75. To Fré- mont he says: 'I propose before I leave the territory to appoint you to be governor, and Capt. Gillespie the secretary thereof; and to appoint also the council of state, and all the necessary officers.' To Bancroft he says the same in substance; and adds: 'I enclose to you several despatches marked I to 14,' of which no. 6 is the constitution, 'by which you will see what sort of a government I have established, and how I am proceeding.' The docu- ment no. 6, without title or date, is as follows, with many verbal omissions for the purpose of coudensation: I, Robert F. Stockton, commander and governor, having taken Cal. by right of conquest, declare it to be a territory of the U. S .; and I order that the form of govt, until altered by the U. S., shall be as follows: A governor to hold office 4 years, unless removed by the pres. of the U. S., to be commander-in-chief, and supt of Ind. affairs, to approve laws, grant pardons and reprieves, commission officers, and see to the execut- tion of the laws. A secretary to record and preserve all proceedings and laws, to forward copies each year to the pres. and to congress, and to per- form the duties of gov. temporarily, in case of that officer's absence, etc. A legislative council of 7 appointed by gov. for two years, but subsequently elected each year; the council's power to extend to all rightful subjects of legislation; but no law to interfere with primary disposal of land, no tax on U. S. property, and no discrimination in taxes between residents and non- residents. Laws must be approved by the gov. Municipal officers to con- tinue as before, under the laws of Mexico, until otherwise provided for by gov. and council. Council to hold its first session when and where the gov. shall direct; but as soon as possible gov. and council to establish the capital.

42 Stockton's Report, 40. 'Actuated by such considerations, I gave my immediate attention to the establishment, upon a permanent basis, of a civil govt throughout the country, as much in conformity with the former usages of the country as could be done in the absence of any written code.' 'Hav- ing achieved the conquest of the country, and finding my military strength ample to retain it, the establishment of a civil govt naturally and necessarily resulted.' Aug. 27th, Thos Frazer writes to Larkin: 'I hear some rumors that Frémont is going to compel Stockton to nominate him as governor. The pretensions of the major run high, because old Benton will stick to him through thick and thin.' Larkin's Doc., MS., iv. 263.

286

STOCKTON'S RULE-OCCUPATION OF THE SOUTH.

to withdraw his marine force from California, "to leave the desk and camp and take to the ship and sea," and to devote his personal attention to naval opera- tions on the Mexican coast. With this object in view, he ordered Major Frémont to increase his battalion to 300 men, to garrison the different towns, and to meet him at San Francisco on October 25th to per- fect final arrangements.43 All that had been done so far was reported on August 28th to the government at Washington, the report with accompanying docu- ments being sent overland by Kit Carson at that time.44 On the last day of August Stockton commis- sioned Gillespie as commandant of the southern de- partment, instructing him to maintain martial law, and enforce the observation of the proclamation of the 17th, but authorizing him also to grant written per- mits to persons known to be friendly, to be out before sunrise and carry weapons." And finally, on Septem- ber 2d, the last day of his stay at Los Angeles, he issued a general order creating the office of military commandant of the territory, which was divided into three departments. Fremont was appointed on the same day to fill the new command.46

Gillespie was left with a garrison of 50 men at Los Angeles. It would seem that no garrison was left at San Diego, though a few men were sent there a little later. The position of Bandini and Arguello has been already noted; and several citizens accepted office un- der the new régime. John Bidwell was put in charge of San Luis Rey and the mission property.47 Stock-

# Aug. 24th, S. to F. Stockton's Despatches, 675. The garrisons, before and after the increase of force by enlistment, were to be for S. F., 50, 50; for Monterey, 50, 50; Sta Bárbara, 25, 25; Angeles, 50, 50; and S. Diego, -- , 25-so that the increase was not chiefly for garrison duty, but 'to watch Indians and other enemies.'

" These documents form the collection which I have quoted as Stockton's Despatches, 1846, in 29th Cong. 2d Sess., H. E.c. Doc. 4, p. 668-75.

4 Aug. 31st, Stockton to Gillespie. Stockton's Mil. and Naval Oper., 7-8. Gillespie might also appoint local civil officers where none were elected.

46 Id., p. S. Fremont's appointment as military commandant of the terri- tory is given in Frémont's Court-martial, 110.

47 Bidwell's Cal. 1841-8, MS., 180-1. Aug. 18th, Miguel de Pedrorena accepts the office of justice of the peace temporarily. Hayes' Doc., MS., 187.

287

RETURN TO THE NORTH.

ton left Los Angeles September 2d; and three days later sailed northward on the Congress. At Santa Bárbara on the 7th he took on board Mitchell and his men, formerly left here as a garrison. Here he also met Midshipman McRae, who after crossing Mexico had arrived in a Mexican brig, and who brought despatches dated Washington, May 15th, two days later than those received by the Warren." He arrived at Monterey the 15th, where the Erie from Honolulu had arrived before him. Meanwhile Major Frémont, with the remnant of his battalion, left Los Angeles and marched northward to the Sacramento Valley. Nothing is known of the march, except that Lieuten- ant Talbot and nine men were left as a garrison at Santa Bárbara to replace the men taken away on the Congress.49

Ang. 18th-25th, Pedro C. Carrillo accepts Stockton's appointment as collector of customs. Carrillo (P.), Doc., MS., 5-7.

48 Stockton acknowledges the receipt, and mentions his meeting witlı Mc- Rae in his report to the sec. of navy of Sept. 18th, Stockton's Mil. and Naval Oper., 1-2, at the same time stating that he had carried out the orders of May 15th, even to the sending of an overland courier, and so he had, and somewhat more, as the order did not literally require more than the occupation of Cali- fornian port towns. The order is found in 29th Cong. 2d Sess., H. Ex. Doc., 19; Cutts' Conq., append., 254-5. Phelps, Fore and Aft, 309-10, who was at Sta Bárbara, notes McRae's arrival. The brig on which he came was seized by Mitchell. The passenger pretended-it does not clearly appear why-to be an English officer, with despatches for theadmiral. Phelps suspected this was not true; and while quizzing him at dinner the Congress appeared, and the officer threw off his disguise. He said he had crossed to Acapulco in the disguise of an English officer. Stockton wished to charter Phelps' vessel as a privateer, but the offer was declined for business reasons. In a speech at a banquet of the Cal. Assoc. Pioneers, N. Y., 1875, p. 20, Ex-governor Rodman M. Price, formerly purser of the Cyane, said: 'This I know, the official news of the existence of war came by Lieut McRae of the navy, a special messenger from Washington to Monterey, and I carried it from there to Los Angeles and delivered it to Com. Stockton.'

49 In his Geog. Memoir, 39-40, Fremont gives an account of the physical features of the country as observed on this march; but the only dates are 'abont the middle of Sept. we encamped near the summit of the Cuesta de Sta Inés,' and at the end of Sept. were in the region of Soledad. Lancey, Cruise, 120, says that Frémont left Angeles Sept. 8th with 40 men; and Sta Bárbara Sept. 13th with 30 men.

CHAPTER XII.

THE CONQUEST-AFFAIRS IN THE NORTH -- REVOLT OF FLORES IN THE SOUTH.

AUGUST-OCTOBER, 1846.

AT MONTEREY-COLTON'S DIARIES-THE FIRST NEWSPAPER-FAUNTLEROY AND SNYDER AT SAN JUAN-SAN JOSE UNDER HYDE, WATMOUGH, AND WEBER-SAN FRANCISCO AFFAIRS-RECEPTION TO STOCKTON-REVERE AT SONOMA-MEETING OF BEAR FLAG MEN-RELEASE OF PRISONERS- THE WALLA WALLA INVASION-STOCKTON'S GRAND PLANS-JUAN FLACO'S RIDE-PREPARATIONS TO QUELL THE REVOLT-GILLESPIE AT ANGELES- VARELA'S ATTACK-JOSE MARIA FLORES-PRONUNCIAMIENTO-FIGHT AT CHINO RANCHO-GILLESPIE'S CAPITULATION-TALBOT DRIVEN FROM SANTA BARBARA-MERRITT FROM SAN DIEGO-MERVINE'S DEFEAT -- MEETING OF THE ASSEMBLY-STOCKTON AT SAN PEDRO-SAN DIEGO REOCCUPIED.

AFFAIRS at the north from August to the end of October, during the absence of Stockton and after his return, may be best and briefly presented in the form of local annals. Let us glance at each of the northern settlements, Monterey, San Juan, San José, San Fran- cisco, and Sutter's Fort.

Walter Colton, sometime chaplain in the navy, per- formed occasional religious service in these times, both on land and on shipboard. He served as alcalde, at first by military appointment with Rodman M. Price, and later by popular election; kept a diary, subsequently published; and in company with Semple edited and published a newspaper. From the book and paper, with some slight aid from other sources, I form a chronologie summary of local happenings, which is ( 288 )

289

COLTON'S DIARY.

appended in a note.1 Colton's diary is largely devoted to petty though interesting details of incidents con- nected with the author's administration of justice, with

1 Aug. Ist, Stockton sailed on the Congress to undertake the conquest of the south. Aug. 7th, news that the Brooklyn with its Mormon colony had arrived at S. Francisco. Aug. 11th, a deserter reports Castro as on his last legs, anxious to fly to Mex. H. B. M. brig-of-war Spy arrived from S. Blas. . She has undoubtedly news of moment, but will not reveal it.' Aug. 12th, the Warren, Com. Hull, arrived from Mazatlan, bringing the official news of war. 'The mysterious silence of the officers of the Spy is now explained.' 'The war news produced a profound sensation here. The whole population were instantly thrown into groups in the corridors and at the corners of streets. The hum of voices continued late into the night. It was an extinguisher on the hopes of those who had looked to Mexico for aid, or who had clung to the expectation that the American govt would repudiate our possession of Cal. They now relinquish all idea of a return to their old political connection, and appear resigned to their fate.' Aug. 13th, the Warren sailed for S. Pedro. Alcaldes Colton and Price issued an order strictly prohibiting the sale of liquors or wines, under penalty of forfeiture, fine, and imprisonment. Colton relates several instances of efforts on the part of dealers to evade this law. Aug. 14th, 20 Indians arrested for stealing horses brought to town. They were turned over to Capt. Mevrine, who drew up his troops in a hollow square, with the Indians in the centre expecting to be shot; but they were set free, and then taken on board the savannah to inspire them with awe, being furnished with blankets and handkerchiefs, and dismissed to the air of Hail Columbia, vow- ing eternal allegiance to the Americans! Ang. 15th, first number of the C'al- ifornian published. A man from Castro's camp reported that the general was lisposed to treat with Stockton, having only about 130 soldiers left. Aug. 1Sth-19th, some of Castro's officers, including Joaq. de la Torre, arrived and were paroled, announcing the flight of the general and governor. Aug. 21st, Lieut McLane returned from an exped. against marauding Ind. Aug. 2211, 29th, no. 2 and 3 of the Californian appeared.

Sept. 21, Lieut Maddox, with captains Ford and Swift and a portion of their companies, arrived from Los Angeles. Sept. 3d, despatches from Stock- ton included his procl. of Aug. 17th; also stated that Gov. Pico had not es- caped, but surrendered. Sept. 4th, first jury impanelled in Cal. to try the case of Isaac Graham vs Charles Roussillon, 'involving property on one side and integrity of character on the other.' The verdict acquitted the French- man of fraudulent intent, and found a balance due plaintiff of $65. Graham was satisfied, and retracted in writing his charges. The jury was composed of Juan Malarin, W. E. P. Hartnell, Manuel Diaz, Jose Abrego, Rafael Sanchez, Pedro Narvaez, Charles Chase, Geo. Minor, Milton Little, Robert H. Thomes, Florencio Serrano, and Talbot H. Green. Sept. 4th, Com. Mer- vine issued an order requiring all of Castro's officers to present themselves and sign paroles; also those already paroled were to give additional pledges. Sept. 5th, no. 4 of the Californian. Sept. 11th, an express announced the arrival of 1,000 Walla Walla Ind. on the Sac., bent on veugeance. (See later in this chapter.) Sept. 12th, no. 5 of the Californian. Ex-gov. Alva- rado arrived about this time and was well received by Capt. Mervine and by the citizens of Monterey. Sept. 14th, news that 2,000 immigrants had arrived at the Sacramento. Sept. 15th, municipal election held, with fol- lowing results: Alcalde, Walter Colton; alcalde pro tem., Milton Little; alcalde's councillors, Spence, Hartnell, Malarin, and Diaz; treasurer of mu- nicipal funds, Salvador Munras. Sept. 15th, Stockton arrived in the Con- gress. Sept. 17th, Larkin recommends the confirmation of T. H. Green as collector of the port, and the appointment of Hartnell as surveyor and ap- praiser of the custom-house. This was done. Sept. 19th, the Erie, the

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

History of California, Volume XXII, Part 30

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