History of California, Volume XXII, Part 61

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 61


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William Neilson; Weston, master; at Hon. from Cal. July 1846.


Xylon, Amer. ship; Millington; on the coast from N. Y. and Hon. in March- April 1847.


Zack Taylor, schr; built at Sta Cruz in 1848 (?) by Blackburn.


CHAPTER XXII.


THE RULE OF GOVERNOR MASON.


1847-1848.


MASON'S PROCLAMATION AND REPORTS-FEARS OF REVOLT-VISITS TO THE SOUTH AND NORTH-RETURN OF JOSÉ CASTRO-THE CANON PERDIDO AT SANTA BARBARA-RETURN OF PIO PICO-HIS CLAIMS FOR THE GOV- ERNORSHIP-IMPRISONMENT AND RELEASE-TREATY OF GUADALUPE HI- DALGO-MASON'S PROCLAMATION-CALIFORNIA IN CONGRESS, 1846-9 -- CAUSES AND EFFECTS OF THE WAR-SLAVERY IN THE TERRITORIES- OPPOSITION TO THE ACQUISITION OF CALIFORNIA-DEBATES ON TERRITO- RIAL GOVERNMENT-FINAL UNSUCCESSFUL EFFORTS-MILITARY RULE- RIGHTS OF CONQUERORS-VIEWS OF CONGRESS AND ADMINISTRATION -- POLICY OF SLOAT, STOCKTON, FREMONT, AND KEARNY-MASON'S THEORY AND PRACTICE-ITEMS-ALCALDE NASH AT SONOMA-TRIAL OF ARMIJO- BARRUS AND FOXEN-DE FACTO GOVERNMENT AFTER THE TREATY.


THE war in California had ended in January 1847, and the ensuing controversies between rival chieftains in May. The departure of Fremont and Kearny and Stockton removed for the most part all cause for dis- sension, and left the country tranquil. It also well- nigh removed all elements of interest in territorial annals, so far as the sequence of events is concerned. Since dropping the chronologie thread at the end of Kearny's rule as governor, I have devoted four chap- ters to subjects pertaining wholly or in part to Mason's rule in 1847-8; namely, the Mormon battalion, New York volunteers and artillery company, immigration, missions, Indian affairs, and trade. Most items in the records and correspondence of the period, outside of local and personal affairs, have been disposed of in connection with the subjects mentioned; but there are a few other matters that require notice in this


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583


ROUTINE AFFAIRS.


final chapter of the regular series; notably matters pertaining to the civil and municipal government, and to congressional discussion on the destines of Califor- nia, besides a brief glance at minor events in the order of their happening.


On May 31st Colonel Richard B. Mason, on the departure of General Kearny, proclaimed his assump- tion of the position of governor and commander-in- chief of United States forces in California by order of the president.1 During the month of June, as in- deed all other months of his rule, Mason's attention was chiefly occupied with routine details of military, revenue, and municipal affairs, his correspondence tak- ing the form almost exclusively of replies and instruc- tions to local subordinates on various minor matters, which, as already explained, I make no effort here to trace. On June 18th he reported to the government, expressing his need of mounted troops for Indian ser- vice, giving attention to the 'California claims,' and stating in general: "The country continues to be quiet, and I think will remain so, though the people dislike the change of flags, whatever may be said or written to the contrary, and in the southern part would rise immediately if it were possible for Mexico to send even a small force into the country; nothing keeps them quiet but the want of a proper leader and a rallying point"-a view that was much exaggerated.2


In July Lieutenant-colonel Burton was sent on the Lexington with two companies of the New York vol- unteers to take possession of Lower California, which was accomplished without serious difficulty.3 Appre- hensions of revolt continued, though almost entirely unfounded. Colonel Stevenson had complained in


1 May 31, 1847, Gov. Mason's proclamation. Los Angeles Arch., MS., iii. 65; S. F. Californian, June 12, 19, 26, 1847.


2 June 18th, Mason to adj .- general. Cal. and N. Mex., Mess. and Doc., 1850, p. 312.


3 Kearny's order of May 30th, founded on that of sec. war of Jan. 11th; Mason's order to Burton June Ist; and M.'s report to govt of B.'s departure July 21st. Id., 310, 323, 331. For the occupation of L. Cal., see Hist. North Mex. States, ii., this series.


584


THE RULE OF GOVERNOR MASON.


June that "prominent Californians" had threatened to cut down his flag-staff, and was authorized to say that "such an act will be considered an act of war, and punished accordingly." Captain Lippitt, left in command at Santa Barbara, soon learned that the Californians were about to attack his post, and sent Mr Sparks to Monterey to explain the danger. The governor went on the Dale to Santa Barbara, where he remained a week, and "became fully satisfied that there were no just grounds to apprehend a popular outbreak; and that if threats had been made, they were nothing more than the expression of natural feel- ings resulting from the bad conduct of some of the men composing the garrison." Stevenson also came to assure him of prevailing quiet at Los Angeles; and Mason, back at Monterey, explained the state of affairs in his report of September 18th, devoted mainly to the military condition and needs of the country.5 Then he went to San Francisco, where he was en- tertained at a grand ball, found all in a satisfactory condition, but was called back by the arrival of Toler


+ Cal. and N. Mex., etc., 341. Mason to Stevenson, July 14th. July 7th, Fitch in a private letter says: 'The inhabitants are alinost unanimously opposed to the U. S. govt, and detest us from the bottom of their hearts, in particular the new-comers'! Fitch, Doc., MS., 447. July 27th, ' Z.' writes to S. F. Californian, Oct. 6, 1847, on the danger of a revolt at Los Angeles if the military force should be reduced. He says the southern people differ from those of the north; 'they drink harder, gamble more, and have a more obscene code of ethics, by far, and have consequently less sympathy with us. They are Mexicans.'


5 July 16th, Lippitt to Sherman; July 21st, Mason to adj .- gen .; Sept. 18th, Id, to Id. Cal. and N. Mex., etc., 330-1, 333-9. In this report he says: ' When you remember the extent of the coast and frontier; the great numbers of Indians upon the immediate border, who know that a change of govern- ment has been effected in this country, and are watching its effects upon the character of the people, as to whether it is better for them to live on as thieves and robbers or as friendly tribes; and also the immense amount of property on deposit, you can readily appreciate my anxiety in contemplat- ing that event. There are other dangers in this country I must point ont. The number of natives and foreigners in the country are nearly balanced, and of course a strong jealousy exists between them, not only on the score of which government shall prevail, but as to ideas of personal liberty, prop- erty, and all the every-day dealings of life. There are subordinate jealousies, too, between the foreigners of different nations, the old settlers and the new; and indeed, when you remember that a great part of these foreigners are deserters from ships, and men who have been accustomed to lead a lawless life, you can see what confusion would result from the sudden withdrawal of strong authority, well backed by force.'


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583


FEARS OF REVOLT.


with despatches before he could extend his tour, as had been intended, to Sonoma and New Helvetia. His report was dated October 7th; and in the next, of November 11th, devoted mainly to commercial topics, he reported a continuance of tranquil prosperity, with good news from the peninsula.6 In December there was a renewal of alarming rumors, with which the presence of Sonorans was in some way connected, and which brought out on the 27th a proclamation requir- ing all Sonoreños in the territory to appear within ten days before the military authorities to explain their business, under penalty of arrest and treatment as enemies and spies.7 Meanwhile an overzealous sen- tinel at Los Angeles having fired his gun at the approach of a horse or cow failing to give the coun- tersign, the garrison was called to arms, the guns were made ready, and finally a lighted fuse was dropped into the ammunition-chest, causing an explosion that partially destroyed the guard-house and killed several dragoons and volunteers.8


In 1848 fears and rumors of revolt continued. Some were inclined to connect the return of José Castro with revolutionary plots, while others took the view that his return without an army indicated the end of all plottings. Three of the men suspected, Antonio Chavez, Francisco Rico, and Gabriel de la Torre, were obliged to give bonds of $5,000 each that


6 Arrival at S. F. and ball. S. F. Cal. Star, Sept. 25, Oct. 2, 1847; S. F. Californian, Sept. 29, Oct. 6, 1847. Oct. 7th, Mason to govt. Cal. and N. Mex., etc., 355-8. 'It affords me much pleasure to assure the department that the most perfect harmony subsists between the members of the naval and land forces on this coast, and that the most friendly intercourse is kept up be- tween the officers. I have had frequent occasion myself to ask assistance of commodores Biddle and Shubrick, and my requests have been granted with promptness and politeness; and in return I have afforded them all the assist- ance in my power. Our consultations have been frequent and perfectly har- monious, resulting, I hope, in the advancement of the common cause of our country.' Nov. 11th, rept on commerce. Much insubordination among the volunteers.


Sonorans at S. José, rumors of hostilities. S. F. Californian, Dec. 15, 1847. Dec. 27th, Mason's proclamation. Bonilla, Doc., MS., 28; Cal. and N. Mex., etc., 450.


8 The accident was on Dec. 7th. Los Angeles Hist., 30; Clark's First Regi- ment, 76-7.


586


THE RULE OF GOVERNOR MASON.


they would commit no act of hostility. This was in February, and at the same time Castro was travelling very slowly from Los Angeles northward, having come back to California under a passport signed by Mason in the preceding June. He was notified by the gov- ernor of the prevalent rumors respecting impending revolt, and thereupon came to Monterey and gave a solemn promise to abstain from all political interfer- ence.º


Still other revolutionary developments are to be noticed at Santa Bárbara. In April, when forces were being organized to fight the Indians, a plot was revealed to use these forces against the Americans with a view to the taking of both Santa Barbara and Los Angeles; but an investigation by Colonel Steven- son showed no definite foundation for charges that had been made against certain leading citizens.10 Mean- while, however, the affair of the cañon perdido tended to increase popular excitement and official fears. A six-pound gun belonging to the Elizabeth, that had been carried from the barracks to the beach for ship- ment, disappeared in the night of April 5th. All efforts to find it were unsuccessful; some said it had been carried in a cart toward Los Angeles, others that it had been put on board a vessel; the authorities


9 Feb. 5, 1848, bonds given by Chavez and the rest. Unb. Doc., MS., 131; Vallejo, Doc., MS., xii. 331. March 14th, Chavez allowed to go to S. Blas. Cal. and N. Mex., etc., 492. July 17, 1847, Mason's passport to Castro. Id., 323. Feb. 7, 9, 1848, Mason to Castro. Id., 472, 474. April 12th, Mason's report of both affairs. U. S. Govt Doc., H. Ex. Doc. I, pt ii. 103-4. March 4th, trouble thought to be brewing near S. José by a party in the redwoods under one Beverley. Unb. Doc., MS., 8-9. Nov. 14th, Manuel Castro urged by his mother and brother-in-law to return to Cal. Doc. Hist. Cal., i. 505. 10 Testimony at the investigation of April 18th-20th, in Guerra, Doc., MS., i. 219-28. Capt. Lippitt had been told by Pedro Carrillo, who got his infor- mation from his brother José, and he from the mother of Juan Rodriguez, that the latter, lying behind the counter at Camarrillo's store, had overhead a con- sultation on the proposed revolt between Francisco and Pablo de la Guerra, Antonio Rodriguez, Juan P. Ayala, José Lugo, and perhaps Cesario Lataillade. Rodriguez and his mother as witnesses knew nothing of the matter. José Carrillo had heard some remarks on the ease with which the barracks might be taken. Pedro Carrillo had represented the matter to Lippitt as an idle rumor, with the understanding that nothing should be done. March 10th, Alcalde Pedro Carrillo testifies to good feeling between troops and citizens, as shown particularly on Washington's birthday. Carrillo, Doc., MS., 10.


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587


EL CANON PERDIDO.


were inclined to connect the disappearance with eur- rent rumors of revolt, and to believe that the Bar- hareños, if as patriotie as they claimed to be, might clear up the mystery. Local officials and prominent citizens were offended at the suspicions cast upon them, but they could not learn who had taken the gun. Accordingly, at the end of May, Governor Mason imposed a military contribution of $500 on the town, to be paid pro rata by all inhabitants, but to be repaid to the town on discovery of the guilty individuals, or proof that they were not residents of Santa Barbara. This act caused much excitement and indignation, especially among American residents; the alcaldes offered their resignation, which was not accepted; and some individuals made trouble about paying their assessment; but the amount was collected, and in August was turned over to the alcalde to be used as a municipal fund. Ten years later the cannon was found. Five men-probably without the knowledge of others, and possibly with a vague idea that the gun might be useful in some rising of the Mexicans-had dragged it away in the surf by the aid of a yoke of oxen, and buried it in the sand of the beach. It is not of record that the municipal fund was ever devoted to public uses, the tradition being that it disappeared in an effort to double it at monte; but the affair gave names to two streets of the town still called Canon Perdido and Quinientos Pesos.11


11 April 12th, Mason, by Sherman, to Jose de la Guerra; April 20th, Gner- ra's reply; Apr. 27th, Mason's reply; May 19th, G.'s reply; threats of pen- alty, protests, explanation of details, etc. Guerra, Doc., MS., i. 83-94; Doc. Ilist. Cal., MS., iv. 1184-6. May 31st, July 21st, Mason's order for a mili- tary contribution, and later explanation. Addressed to Stevenson. Cal. and N. Mex., etc., 572, 615. July 11th, Stevenson to Mason. Has collected 8385; thinks the Barbareños not guilty. Two Americans were exempt for past services. Unb. Doc., MS., 151-6. It appears that at first the tax was $2 per head, but later changed to a percentage on property. José Ant. Aguirre was not allowed to leave the port on the Guipuzcoana till he had paid his quota of $45. Guerra, Doc., MS., vii. 202-4. Corresp. of July-Aug. on resignation of the alcaldes Pedro C. Carrillo and E. Ardisson. Both refused to pay the tax, and some of their property was seized. Unb. Doc., MS., 195-6; Miscel. Hist. Pap., MS., 9; Cal. and N. Mex., etc., 589. Aug. 7th, Mason's order to Lippitt to turn over the $500 as a municipal fund. Id., 591. José E. García, Episodios, MS., 1-7, was one of the 5 who buried the cannon, and he gives a


588


THE RULE OF GOVERNOR MASON.


Last in the series of alarming circumstances, and last development in Mexican rule over California, was the return of Pio Pico, with claim to be recognized as governor. His pretensions were characterized by Mason as absurd, and so they were so far as any chance of success was concerned; yet they were plausi- ble enough from certain points of view. The armis- tice of February 29th suspended all hostilities pend- ing the ratification of a treaty, and left Mexican civil officials free to exercise their functions. Pico, being in Sonora, understood this to restore him temporarily to authority, and he applied to the naval officer in command for permission to return in his official capac- ity, which was denied, with the assurance that there was no objection to his coming as a private citizen.12 Don Pio crossed to the peninsula in May, and arrived at San Diego on the 6th of July, reaching Santa Mar- garita three or four days later, and going to Work- man's La Puente rancho on the 15th, and to San Gabriel on the 17th. Meanwhile Colonel Stevenson became alarmed at Pico's return without a passport. at his failure to report to the military commandant at San Diego, and especially at current rumors of his having said he came with full powers as governor; and issued an order requiring him to present himself at once on penalty of being treated as a spy. Two detachments of troops sent to bring in Don Pio did not find him; but having heard of the order and sent Hugo Reid to explain matters, he came in voluntarily, with the assurance that he had no hostile intentions,


full account of the affair. His companions were José Ant. de la Guerra, José Lugo, José Dolores García, and Pacífico Cota. Streeter, in his Recollec- tions, MS., 83-9, gives many details; as also does Stephen C. Foster, Los Angeles in 1847-9, MS., 31-4.


12 May 10th, Com. Rudd to Pico, on the Dale at Guaymas, in reply to request of April 22d. Regrets his inability to carry P. across to Mulege. Original in Pico (Pio) Doc., MS., ii. IS1. That other Mex. officers took the same view as Pico is shown by an order of April 22d, from Gen. Anaya at Mazatlan to the ' Mexican comandante general of Cal.,' to proceed under art. l of the armistice to elect authorities to rule Cal. as part of the Mex. repub- lic. Unb. Doc., MS., 392-3. Also by a letter of Gov. Paras of N. Leon, announcing on April 4th his own restoration, and sent to Pico as gov. of Cal. Pico, Doc., MS., ii. 177.


389


PIO PICO'S RETURN.


and was permitted to go on to San Fernando.13 Here he summoned Covarrubias, his former secretary, and on the 22d addressed official letters to both Steveu- son and Mason to inform them that he came in con- sequence of the armistice as Mexican governor of California "to establish in the towns of this territory the benefits of said armistice," and to ask for the issu- ing of the corresponding orders to give his mission due effect !14 The colonel after receiving another let- ter of inquiry replied that although Pico's position was not tenable, that matter would be left for the decision of Mason, but meanwhile he must take no steps and abstain from conversation tending to foment discontent on penalty of imprisonment. Don Pio in


13 July 17th, Stevenson's order to Pico. Original in Piro, Doc., MS., ii. 183. July 20th, Stevenson's report to Mason. Cal. and N. Mex., Mess, and Doc., 1850, p. 599. July 21st, Mason to Stevenson, in reply to a letter not extant, on Pico's arrival. P. must be required to give a written parole, treated with the respeet due his rank, but watched carefully. Id., 572. Pico gives a clear account of the whole matter in his fist. Cal., MS., 174-8. Stevenson rep- resents Pico as denying 'ever having said that he came back with powers to resume his gubernatorial powers,' but Pico says he simply disavowed any hostile intentions, and was allowed to go to S. Fernando and open an ' official correspondence.'


14 July 22d, Pieo to Stevenson and to Mason, blotter originals in Pico, Doc., MS., ii. 185-8. The following English translation of the letter to Mason is in Cal. and N. Mex., ete., 602: 'Most Excellent Sir: As Mexican Governor of California, I have come to this country with the object that the armistice agreed upon in the city of Mexico, on the 29th of last February, by the generals in chief of the forces of the United Mexican States and those of the United States of the North, he observed herein. In making this declaration to your excellency, the just principle on which it is founded fills me with confidence; and from the favorable information which I possess respecting the qualifications which adorn your excellency, I trust that my mission to California will produce its due effect.


'For which reason, and in due observance of the before-mentioned armis- tice, I have the honor to address myself to your excelleney, requesting that you will be pleased to expedite your orders to the end that, in the places in California occupied by the forces of the United States of America, no in- pediment be placed in my way toward the establishment of constitutional order in a political, administrative, and judicial manner.


'It is my desire that the Mexicans and Americans look upon and consider themselves with the most sincere fraternity; and in accordance with this principle, I feel disposed to co-operate with your excellency in surmounting any difficulties which may arise in the business which oceupics us.


'This opportunity offers me means of protesting to your excellency the assurances of my distinguished consideration and high respect. God and Liberty! San Fernando, July 22, 1848. Pio Pico. His Excelleney R. B. Mason, Governor and Commander-in-chief of the forces of the United States in California, Monterey.' July 25th, Pico to Stevenson; July 28th, Stevenson's reply: July 29th, P.'s reply; July 30th, S.'s reply. Pico, Doc., MS., ii. 193, 197-8, 201-6.


590


THE RULE OF GOVERNOR MASON.


reply came to the city, complained in writing of the threat as uncalled for, sinee he would be the last to encourage disturbances in his country, and was per- mitted to go to his rancho of Santa Margarita to await Mason's response.15 Governor Mason, who on July 26th had sent a warning in relation to Pico's possible action in antedating records of land grants, received his letter on the 3d of August, and his an- swer was an order to Stevenson to arrest Don Pio, confine him at Los Angeles, prevent his conferring with any of his countrymen, and send him north by sea at the earliest opportunity. There is no definite record of the date or duration of his confinement, but Pico and others agree that he was kept under arrest for a week or more at Stevenson's quarters. Mason's order for his release, on receipt of news that a treaty had been signed, was dated August 8th, and was ae- companied by some bluster in very questionable taste about the ex-governor's pretensions.16


The treaty of Guadalupe Hidalgo, coneluded on February 2d, ratified at Washington March 10th and at Querétaro May 30th, put an end to the war, and gave California permanently and formally to the United States.17 The news reached California on the


15 Aug. 5th, Stevenson's pass to Pico. Pico, Doc., MS., ii. 211-13. This and the preceding 7 documents of the correspondence were printed in Span- ish in the Los Angeles Cal. Meridional, July 18, 1855. See Coronel, Doc., 174.


16 July 26th, Mason to Stevenson on land titles. By prompt and discreet action it was hoped to get on the right side of Don Pio before the holders of fraudulent grants could reach him. Cal. and N. Mex., etc., 668-9. Aug. 3d, Mason's order of arrest. Id., 631-2. Aug. 8th, countermand. 'Had it not been for this, you may inform Pico, he would have been sent to Oregon or some other foreign country. The manner in which he entered California might have subjected him to the treatment of a spy; and his subsequent con- duct, after his conversation with you, together with his absurd pretensions to the government of the country, made him merit harsher treatment than he now receives. You will please inform him that Upper California is now American territory, and that he is at liberty to leave it or not, as he pleases; but so long as he continues in Upper California he must be cautious how he acts toward our authorities, civil or inilitary. I have the honor to be your obedient servant, W. T. Sherman.' Id., 635. Aug. 23d, Mason's report to govt. Id., 601. Pico, Hist. Cal., MS., 174-8, says he refused to accompany the officer sent to arrest him, and was left to present himself voluntarily the next day. He was treated with courtesy and allowed many favors.


17 See Hist. Mex., v., this series, for full account of the negotiations and


591


TREATY OF GUADALUPE HIDALGO.


6th of August, and was announced next day in a proclamation by Governor Mason. Making known the cession of Upper California, the boundary, and the choice of citizenship offered, the governor continues: In the mean time the Mexicans " will be protected in the free enjoyment of their liberty and property, and secured in the free exercise of their religion. They, however, are reminded that, as war no longer exists, and as Upper California now belongs to the United States, they owe a strict obedience to the American authorities, and any attempt on their part to disturb the peace and tranquillity of the country will subject them to the severest penalties. From this new order of things there will result to California a new destiny. Instead of revolutions and insurrections, there will be internal tranquillity; instead of a fickle and vacillating policy, there will be a firm and stable government, administering justice with impartiality, and punishing crime with the strong arm of power. The arts and sciences will flourish, and the labor of the agricultur- ist, guided by the lamp of learning, will stimulate the earth to the most bountiful production. Com- merce, freed from the absurd restrictions formerly im- posed, will be greatly extended; the choked-up chan- nels of trade. will be opened, and the poisoned fountains of domestic faction forever dried up. Americans and Californians will now be one and the same people, subject to the same laws, and enjoying the same rights and privileges; they should therefore become a




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