History of California, Volume XXII, Part 59

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

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11 March 10, 1846, Tornel to Castro and Pico. The original in my posses- siou. Pico, Doc., MS., ii. 171.

12 Hoffman's Opinions, 12, 38; U. S. Sup. Court Repts, 1 Wallace, 745, 766. The 'ample powers,' it seems to me, must have included the power to raise funds by selling the only national property in the province.

13 A point not noticed, so far as I know, by the land lawyers was this: the Tornel order authorized Pico and Castro to adopt measures for the defence of ('al. against the Americans, but for nearly the whole period of the alleged mission sales Pico was straining every nerve-not to resist the Americans, for he did not believe an invasion imminent-but to defend himself against Gen. ('astro! The absence of the Tornel order from the archives may be explained either by the late date of its reception, or, if it came in June, by Pico's un- willingness to admit to the sureños that Castro had also the 'ample faculties.'

563

PICO'S SALES-FLORES' ORDER.

vate hands had been written after Pico's return to California in 1848, or at least after the raising of the United States flag in July 1846, and fraudulently antedated. That the same was true of others is strongly indicated by various circumstances: notably the absence of original archive evidence, the error in date of the assembly's decree, with other irregularities in the documents, 14 the mystery enshrouding the alleged payment of large sums of money, the delay of pur- chasers in making known their claims, and the failure to call certain witnesses in the resulting litigation. I suppose, however, that several of the establishments were deeded more or less in good faith before July 7, 1846, to creditors of the government who were willing to take the risks of obtaining confirmation of their titles; but I do not venture to name the missions so disposed of.

The only subsequent action of Californian authori- ties in this connection was a decree of the assembly on October 30th, promulgated by Governor Flores on the 31st, which annulled Pico's sales, and author- ized the new ruler to mortgage some of the missions, and thus raise funds for a continued resistance to American invasion.15 Of course under the United States régime this act had no validity except as an argument respecting the view taken by Californians of the sales and their legality. As to the ultimate fate of these mission titles, the supreme court decided

14 On the other hand, if Pico had written the titles after his return in 1848, he would naturally have cited the Tornel order in his possession. The sus- picious circumstances are catalogued and exaggerated by Hartman and others. The Mex. treaty commissioners in 1848 assured the U. S. representative that there had been no land grants since May 13, 1846.

15 Oct. 27, 1846, measure introduced by com. on ways and means. Olvera, Doc., MS., 46-8. Oct. 30th, 31st, decree approved by assembly and published by Flores. Original in Soberanes, Doc., MS., 326; also in Halleck's Rept., 167; Castro, Doc., MS., ii. 153; Janssens, Doc., MS., 33-5; Unb. Doc., MS., 360-1. Unfortunately this decree does not name the missions that have been sold, and it may possibly refer to the sales of 1845. It also provides that the inissions shall continue in the possession of the lessees. This might indicate ignorance that the leased missions had been sold; but it must be noted that by some of the deeds the purchasers were to have possession only on the expiration of the lease.

564

MISSIONS-INDIAN AFFAIRS-COMMERCE.

in 1863, in the cases of San Gabriel and San Luis Rey, that Pico had no right to make the sales; but before that decision was rendered, the titles of San Di- ego, San Buenaventura, San Fernando, Soledad, and San Juan Bautista had been finally confirmed by the land commission and district courts, while the other six had been rejected by the same tribunals. The 'church property' proper, including the church build- ings, priest's house, and lands to the extent of six to one hundred and ninety aeres at each of the twenty- one establishments, was finally confirmed to the arch- bishop, representing the catholic church.

It soon became evident to the new rulers of Cali- fornia that there was room for much doubt respecting the true ownership of the mission estates, and during 1847-8 they wisely adhered to the policy of maintain- ing the matter in statu quo. On March 22, 1847, Kearny ordered that four establishments in the north should remain in charge of the priests, without preju- dice to the rights of claimants, until proper judicial tribunals should be established.16 This caused some trouble at Santa Clara, where American immigrants had taken possession. Governor Mason announced that "the government fully recognizes and will sus- tain the rights of the priests at the missions and to all mission property, against all who cannot in due course of law show a just and sound legal title;" and he once ordered a military force under Captain Naglee to eject the immigrants; but Padre Real finally per- mitted them to remain till after harvest, and longer by paying a small sum for the support of the church.17 In the south the occupants, whether priests, lessees,

16 March 22, 1847, Kearny's order that S. José, Sta Clara, Sta Cruz, and S. Jnan remain in charge of the priests. Halleck's Rept, 168; Arch. Arzoh., MS., v. pt ii. p. 73-4, etc.

17 Cal. and N. Mex., Mess. and Dor., 1850), p. 343-4. P. Real had sold some mission lands, under orders from Gen. Castro of May 25 and June 16, 1846; but Mason on Jan. 3, 1848, declared all such sales void. Neither did he permit claimants under the alleged Pico sale to take possession of the orchard. At Sta Cruz, on complaint of the padre, forbade the sale of lots by the alcalde. Id., 433. Prudon's occupancy of a building at Sonoma was sus- tained against the padre's claim and alcalde's decision.

565

ECCLESIASTICAL AFFAIRS.

or purchasers, were allowed to remain in possession; nor was interference permitted with the Indians who were living on certain tracts of disputed lands. Even a claimant under a grant from Governor Flores was temporarily sustained at Santa Inés. In the case of certain occupants who claimed a double title, that of lessee was preferred, and an effort was made to obtain documentary evidence for future use as well as to prevent a waste of property by a strict investigation of accounts. For alleged abuses, the lessee of San Buenaventura was ejected after investigation by Colonel Stevenson; and San Diego was also leased by the American authorities. In current correspond- ence there is little but local items.

" Of general mission and ecclesiastical matters out- side of those connected with the disposal of estates, a bare mention will suffice." This remark on the sub- ject for 1845 will apply equally well to the period of 1846-8. At the beginning there were thirteen sur- viving friars, six Fernandinos, and seven Zacatecanos; at the end only one of the former, Padre Ordaz, was left, with six of the latter. The year of the Ameri- can conquest brought death to five of the missionaries. The old organization was kept up to a certain extent, Padre Duran retaining the prefecture in the south until his death in June 1846, and Anzar being suc- ceeded by Gonzalez as chief of the Zacatacan friars. Even the formality of assigning stipends for each of the missions was kept up in Mexico, though of course no money was forwarded.18 Bishop García Diego, being seriously ill in April 1846, appointed father's Duran and Gonzalez as his vicars, who after the bishop's death in May took charge of the ecclesiasti- cal government; and after Duran's early death, Gon- zalez retained the position for the rest of the period.19

18 Mex., Mem. Hacienda, 1846-8.

19 April 19, 1846, bishop to PP. Duran and Gonzalez, with appointment. April 20th, pastoral letter of D. and G., asking for prayers, etc. April 22d, bishop announces the appt accepted by D. and G. April 28th, gov. announces the matter. May Ist, 3d, death and burial of the bishop. May 6th, circular

566

MISSIONS-INDIAN AFFAIRS-COMMERCE.

Church matters led to few complications during the military occupation, though American ideas of mar- riage as a civil contract troubled the priests consid- erably, and their complaints caused Governor Mason to issue, in August 1847, an order forbidding alcaldes to perform the marriage ceremony when either of the parties was a member of the catholic church. Entire freedom was guaranteed in matters pertaining to re- ligious belief and worship; but beyond the preaching of the Mormon elders at San Francisco, and some slight beginnings of protestant service there and at San José and Santa Cruz, there was little to inter- rupt the current of old-time religious customs.

Iudian affairs, the doings of gentiles and apostates, will afford a few items for local annals of 1846-8; but the general subject requires but brief treatment. Naturally, the quarrels of Californian rulers, followed by the war of American occupation, tended to pro- mote rather than check the ravages of horse-thief tribes roaming through the broad interior. During the first half of 1846 complaints of depredations were of constant occurrence, especially in the Los Angeles region, where propositions to effect a loan, to send out an armed force, or to station a garrison at the Cajon pass were always pending; and where parties of volunteers under Lugo, Salazar, Palomares, Wilson, and others made several effective raids. Many Indians were killed, recovered property was distributed among the captors, and captive women and children were brought to the ranchos to work and be educated. In April the assembly went so far as to resolve in seven arti- cles to devote surplus revenues to active efforts against

of the vicars. May 19th, sub-prefect orders their recognition. Sta Clara, Par- roquia, MS., 29; Doc. Hist. Cal., MS., iii. 187; Dept. St. Pap., MS., vii. 118; Id., Pref. y Juzg., ii. 62, 65, 118, iv. 65; Id., Angeles, xi. 172; Sta Bárbara, Lib. Mis., MS., 39; S. Luis Ob .. Arch., MS., 25; Arch. Arzob., MS., v. pt ii. 66. Oct. 7, 1847, the chapter of the metropolitan of Mex. approves Gonzalez's title as vicario capitular y gobernador de la mitra de Californias. Arch. Obisp., MS., 26. In Corresp. Mis., MS., 13-37, is an undated appeal of P. Gonzalez to the pope in behalf of Cal., asking for the power to administer confirmation.

567

MASSACRE AT PAUMA.

the savages!20 At the same time, in reply to urgent petitions from the people of San José for protection, Governor Pico authorized the prefect to organize a vigorous campaign, and to pay expenses with $6,000- from Castro's part of the revenues!21 Of Indian affairs in the Sacramento Valley at this time something has been said in connection with Frémont's operations.

During the war in the last half of 1846 prominent phases of the general subject, and almost the only ones of which anything is recorded, are the fears of Walla Walla invasion, the enlisting of Kern's Indian garrison at New Helvetia, and the formation of an Indian company to serve in the California battalion, all of which have been noticed elsewhere. Here I may mention a kind of census, by which the native population of the region about the fort, the district including the ranchos and settlements of the valley, was made 2,665, a number increased to about 22,- 000 by Bidwell's estimate of the next year for the region above the Buttes.22 In the San José district a somewhat extended campaign of Purser Watmough with San Francisco volunteers is recorded in Septem- ber.23 In the south the only noticeable event was the massacre of eleven men at Pauma rancho in December by Garra's band of Cahuillas and fugitive ex-neophytes of San Luis Rey. These men had re- tired to Pauma to avoid military service either for or against Flores. There was an unfounded theory that they were really killed in the fight at San Pascual. The Indians were instigated by William Marshall, who doubtless led them to suppose their acts would be approved by the Americans. Marshall was after- wards hanged for this offence; and in January Garra's

20 Leg. Rec., MS., iv. 332-3; Doc. Hist. Cal., MS., iii., 192; Dept. St. Pap., MS., viii. 97-9; Id., Pref. y Juzg., ii. 123. If the surplus did not suffice, civil employés were to be called upon for part of their salaries.

21 Dept. St. Pap., MS., vii. 45-8; Doc. Hist. Cal., MS., iii. 191; S. José Arch., MS., Loose Pap., 31.

22 Originals in Mckinstry's Pap., MS.

23 Mont. Calif., September 26, 1846. Long account by C. P. Briggs in Napa Reporter, Aug. 31, 1872.

5GS

MISSIONS-INDIAN AFFAIRS -- COMMERCE.

band was drawn into an ambush, and most of the offenders slain by a force of friendly Indians and Cal- ifornians under Lugo.24

In 1847 8 under American rule depredations of hostile Indians still continued, and the records show but slight change in methods or results of warfare against them. None of the local happenings are of sufficient importance to call for notice here. In April General Kearny appointed Sutter as sub-Indian agent for the district of the Sacramento and San Joaquin, and Vallejo for the Sonoma district extend- ing to Cache Creek and Clear Lake. Their salary was to be $750. They were to have no power to spend publie money, but were to deal chiefly in good advice, explanation of recent changes in government, and promises of reward or threats of punishment from the president of the United States as the 'great father' of the Indians, mainly bent on taking care of his good children. Both Vallejo and Sutter had large experience in dealing with the Indians of their respective districts, and no better men could have been selected for the position. In August Captain J. D. Hunter was appointed agent for the southern district, with headquarters at San Luis Rey, and ad- ditional instructions were issued by Governor Mason, in which he enjoined upon the agents the care and protection of Indian servants and ex-neophytes, as well as the keeping in check of gentile bands. Sta- tisties and information on manners and customs were also called for, and a new supply of promises fur- nished, though there were as yet no funds available for the purchase of gifts.25 In the Sacramento Valley

" See local annals of S. Diego, chap. xxiii. of this volume.

25 April 7, 1847, Sutter's appointment. April 14th, Vallejo's. Aug. Ist. Hunter's. Aug. 16th, Mason's instructions. Cal. and N. Mex., Mess, and. Doc., 1850, 294-7. 344-5, 358-9; Vallejo, Doc., MS., i. 23-4; xii. 311; S. F. Californian, April 10, 17, 1847. Oct. 30th, Vallejo's recommendations on regulations for Indian matters. J'allejo, Doc., MS., xii. 317; Unb. Doc., MS., 94-7. Nov. 29th, Mason's order forbidding sale of liquor to Indians. Origi- nal print in English and Spanish. Vallejo, Doc., xii. 319; S. F. Californian. Dec. 8, 1847. In April 1848 Vallejo offered his resignation, which was not accepted. April 15th, May 25th. Vallejo, Doc., MIS., xii. 342, 346.

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569

COMMERCIAL AFFAIRS.

there were complaints of outrages by settlers, notably in July, when Armijo, Smith, and Egger killed a dozen Indians in capturing some forty for laborers, an act that resulted in a trial of the offenders by a special court. San José residents also abused the Indians, and took horses from them on the Cosumnes; and the records contain frequent mention of depredations and of expeditions in preparation. Also in the dis- tricts of Los Angeles and San Diego complaints and raids continued, the dragoons being defeated on one or two occasions by the Indians. The same state of things continued in the early part of 1848, but the items are vaguely recorded or unimportant. In May there were alarming rumors in the Sonoma district, but they were believed to have no other foundation than a desire to prevent the removal of troops and the recall of citizens from their search for gold. Better founded were the fears at Los Angeles in August on the disbanding of the volunteers at the end of the war; but arms were furnished the citizens, and no serious disasters resulted.

At the end of this chapter I give a list of vessels shown by different records to have visited the coast in 1846-8, though it is doubtless not so complete as the similar lists for earlier years. Of commercial and maritime annals during this period of transition from Mexican to United States methods, beyond what has been included in the narrative of political events, there is naturally little to be presented. Particularly is this true during the period of military operations from June 1846 to January 1847. Statistical and other records are meagre; but slight attention was paid to the observance of any system; there were no notable con- troversies or other happenings; and the series of petty detached items that might he put in print would be uninteresting as well as valueless. From January to July 1846 commercial affairs were in the same condi- tion as in the preceding year, the only change being

570

MISSIONS-INDIAN AFFAIRS-COMMERCE.

an order of Governor Pico in March abolishing the tax of $600 per year on each foreign vessel.26 The Monterey custom-house remained in charge of Guerra, and finally of Hartnell,27 while Abrego retained con- trol of the treasury. 28 A few petty regulations on trade and the collection of duties were issued by Gov- ernor Stockton or his subordinates.29 Exports of the year were estimated by Larkin at 80,000 hides, 60,000 arrobas of tallow, 10,000 fanegas of wheat, soap to the value of $10,000, and furs $20,000, 1,000 barrels of brandy and wine, 200 ounces of gold, and 1,000,000 feet of lumber.30

Of trade statistics for 1847-8 we have still but fragmentary items, San Francisco having become now the chief port of entry, doing more business probably than all the others combined, and attracting some attention as a Pacific metropolis threatening the supremacy of Honolulu.31 Exports and imports at San Francisco for the last quarter of 1847 were $49,598 and $53,590 respectively, the former includ- ing $30,354 of Californian products, and $31,741 of

26 Mar. 28, 1846, Pico abolishes the tax on foreign vessels. Dept. St. Pap., Ben. Cust .- H., MS., viii. 14; against protest of administrator at Mont. Dept. St. Pap., Ben., MS., iii. 86.

21 In May Hartnell was admin., José Rafael Gonzalez, com. de celadores, and the celadores, Benito Diaz, Ant. Chavez, Jacinto Rodriguez, and Wm A. Hartnell. Doc. Hist. Cal., iii. 204. Hartnell was inspector in Sept., and Tal- hot H. Green collector in Nov.

28 There are no complete accounts extant. In April receipts from customs were $26,826; the outlay was $32,566, including $11,552 for extraordinary ex- penses; and the balance in the treasury May Ist was $10,835. Dept. St. Pap., MS., xiii. 16-17.

29 Aug. 15th, Stockton fixed a tariff of 15 per cent on imported goods, and a tonnage duty of 50 cents. Cutts' Cong., 125. Sept. 4th, S. orders collector of S. Diego to collect 810 anchorage on whalers instead of the tonnage. Misccl. Hist. Pap., MS., no. 3. Aug. 29th, elaborate regulations for inspectors of hides and tallow for the region round S. F. Bay, approved by the comandaute, and signed by Alcalde Bartlett. Sauzalito, Corte Madera, S. Rafael, Peta- Iuma, Sonoma, Napa, Sutter's Landing, and Dr Marsh's Landing were the places where produce might he shipped for Yerba Buena, besides others ap- parently on the Contra Costa. Sonoma Sta Rosa Dem., Dec. 30, 1871. Sept. Gth, trade regulations of Capt Montgomery. S. F. Munic. Repts, 1866-7, p. 519.

30 Larkin's Descrip. Cal., MS., 94. July 24th, L. writes to his cousin in Boston very enthusiastically on commercial prospects. Doc., MS., iv. 227.

31 See Hon. Polynesian, iv. 78, 135, v. 17. It need not be added that the Hawaiians did not altogether admit the danger, or fear the annihilation of their trade.

571

STATISTICS AND REGULATIONS.

the latter coming from the Sandwich Islands. An estimate of the time was $250,000 for the year's in- ports from Honolulu at all the ports.32 Arrivals of merchant vessels at San Francisco for the year end- ing April 1848 were eighty-five.33 Exports from Santa Bárbara from March to September 1847 amounted to $27,780.34 At Monterey sixty-seven vessels arrived in thirteen months ending October 9, 1848, of which fifty-five were traders with a tonnage of 11,504 tons. The amount of duties collected at Monterey in the same period was $25,000, and in all California $120,000, according to a record kept by a naval officer. 35 In August 1847 Larkin wrote to the government, "the commerce of California has trebled within a year. The regular traders of many years' standing from Boston appear to have retired from the trade, which is now carried on by transient vessels from the Sand- wich Islands, South America, and the United States." 36

From the beginning of 1847 we have a series of communications that passed between Governor Mason, the collectors of ports, and military commandants of the several districts, on commercial affairs and the collection of revenues. Most relate to the appoint- ment of collectors and their duties in various matters of official routine.37 These collectors received a salary of $1,000, except at San Francisco, where it was $1,200; and they made quarterly returns to the mili- tary commandants of their respective districts, the

32 S. F. Calif., Mar. 29, 1848. Of the exports $33,890 went to Honolulu, $7,286 to Sitka, $5,000 to Mazatlan, $2.000 to U. S .; imports from U. S., $6,791, Oregon, $7,702, Chili, 83,676, S. I., $31,741, Sitka, $2,471, Bremen, $493, Mex., $712. Copied in Annals of S. F., 198; Cronise's Nat. Wealth, 63; Hunt's Merch. Mag., xix. 52, etc.

33 S. F. Alta, Apr. 17, 1852.

34 Carrillo, Doc., MS., 15. Duties for quarter ending June 30th were $307. Id., 11, 16.

35 Niles' Reg., lxxv. 208. For 6 months ending Feb. 1847, the number of trading vessels entering Monterey was 23. Larkin's Off. Corresp., MS., ii. 112.

36 Larkin's Off. Corresp., MS., ii. 120. In June L. had written, 'Goods are falling off in price; produce from the ranchos is rising.' Id., i. 159.

37 Cal. and N. Mex., Mess. and Doc., 1850, passim; also the same or similar letters in MS. collections, and in the S. F. Star and Californian.

572

MISSIONS-INDIAN AFFAIRS-COMMERCE.

resulting funds being subject to the governor's orders for expenses of the civil government.33 As to system, the ports were still regarded as Mexican, and in theory the old regulations were followed, except as modified by circumstances, according to the views of the new authorities. Practically, and in accordance with prom- ises by different commanders during the war, the old burdens were largely removed, much to the satisfac- tion of both the people and traders. In February it was ordered that certain staple articles of food should be admitted free for six months; and by the regulations of March and April the cargoes of American vessels were to be admitted free, those of foreign vessels to pay fifteen per cent on the value at the port of entry, with five cents per ton anchorage, and fees amounting to four dollars.39 Even under these regulations there was much smuggling, but of several confiscations recorded none seem to require notice.

In October, however, there came from Washington new orders, including tariff regulations formed in March for all Mexican ports in possession of the United States. It was decided to open all these ports to trade, to collect heavy specific duties as war contributions, and thus to force the Mexican govern- ment by the loss of revenue and by popular complaints of high prices to treat for peace. As a war measure directed against a hostile people, this was perhaps good policy; but the regulations were absurdly inap- plicable to the condition of California, where the natives were not only submissive, but without national influence, and where American residents were the

38 The collectors were: at Sau Diego, Pedro C. Carrillo, Santiago Arguello. and from June Miguel Pedrorena; at S. Pedro, Dav. W. Alexander; at Sta Bárbara, Pedro C. Carrillo; at Monterey, Talbot H. Green; at S. F., Wm A. Richardson.

39 Feb, 11, 1847, Shubrick's order for free admission of beef, pork, bread, flour, butter, cheese, sugar, and rice for six months. S. F. Cal. Star, Feb. 20, 1847. March 29th, Biddle's orders to collectors. Carrillo, Doc., MS., 7- S: aud other orders of like import in April. No vessel could clear for Mex. ports not held by the U. S. Nothing but specie, treasury notes, or drafts to be received for duties.

573

WAR CONTRIBUTIONS.

chief purchasers of imported goods.4 Mason and Shubrick recognized at once the injustice and impolicy of such a measure in California, and decided not to enforce its most onerous requirements. Explaining their reasons to the government and announcing in proclamations that the continuance of their lenient policy would depend on the good behavior of the people, they issued in October a new series of regu- lations radically different in many respects from those of the national authorities. 41

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History of California, Volume XXII, Part 59

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