USA > California > San Luis Obispo County > History of San Luis Obispo County, California, with illustrations and biographical sketches of its prominent men and pioneers > Part 20
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CAPTAIN JAMES M'KINLEY.
At Los Angeles Castro was reinforced by about sixty foreigners under command of a brave and resolute Scotchman, James McKinley, and with this aid retraced his steps to give battle to Micheltorena. The two armies. met on the plains of San Fernando. Castro's forces took up a favorable position, the Americans under Captain Mckinley seeking natural defenses, and the mounted Californians on the flank of the Mexican forces. The latter opened a heavy fire of artillery, but with such wild. firing as to do no damage, while Mckinley's riflemen told heavily upon the artillerymen. Sutter's men took no part in the battle, and Mckinley's men did not attempt to harm them.
At last Mckinley determined on a conference with the men of Sutter's party, and, leaving the protection of his rifle pit, rushed out on the plain with his rifle in one: hand and waving his hat in the other, passed on a run, amid a shower of musket balls from the Mexicans, and reached the other party unhurt. He vigorously ex- plained to his northern friends, several of whom were old acquaintances, the true position of affairs, resulting in their demand of the Governor that he surrender.
SURRENDER OF MICHELTORENA.
As a consequence a truce was sounded and a capitula- tion agreed upon, of which the following is a true copy, translated by the late J. Alexander Forbes, of Oak- land :---
ARTICLES OF CAPITULATION. -
Agreement made on the field of San Fernando, between Don Manuel Micheltorena, General of Brigade and Commander-in-Chief of this Department, and Don Josè Castro, Lieutenant-Colonel of the forces opposed to the troops of General Micheltorena.
ARTICLE I. Whereas, no decision of the Central Gov- ernment of Mexico has been received in reply to the per- mission solicited by General Micheltorena, through his Brigade Major, Don Raphael Telles, for the withdrawal of the General and his troops from this department, for the purpose of returning to the interior of the Republic.
Wherefore, and in consequence of the present united armed opposition of the inhabitants of California to the said troops, against which hostile movements the General, with his small force and scarcity of resources, can no longer contend, he agrees to march forthwith to San Pedro, accom- panied by his soldiers, where Colonel Castro will provide a vessel, duly victualed, for transporting the General and his troops to Monterey.
ART. 2. The soldiers who may desire (voluntarily) to remain in California, shall, on their arrival at San Pedro, deliver up their arms to the officer of their escort, and remain as citizens under the protection of the existing authorities.
ART. 3. The soldiers who may choose to follow Gen- eral Micheltorena shall embark with him at San Pedro, carrying their arms with them; and on the arrival of the transport at Monterey the Mexican soldiers that now occupy that post shall embark thereon, also with their arms; and in case of insufficiency of room for all of said soldiers in one vessel, another shall be provided for them, and the said vessel or vessels shall sail for any Mexican port the General may choose to direct.
ART. 4. The officers who may choose to remain in California shall be respected in their rank as officers of the Mexican army; their lives and property shall be guar- anteed, and their salaries shall be paid from the depart- mental treasury.
ART. 5. The same privileges shall be enjoyed by all the citizens who, in the present difficulties, have given aid to General Micheltorena.
ART. 6. All arms, ammunition, and warlike imple- ments actually existing in the armory at Monterey shall be delivered to the commander, Castro, of the opposing forces, in order that with them he may defend the entire department, and the national independence, encharged by General Micheltorena.
ART. 7. That henceforward the civil government of this department shall be vested in the presiding member of the Assetubly, as ordered by that corporation, accord- ing to law, for which object General Micheltorena will deliver a circular order to the chief of the opposing forces for immediate publication throughout the department.
ART. 8. In like manner General Micheltorena will issue another order, that Don José Castro, Lieutenant- Colonel of the army, be duly acknowledged as the Com- manding-General of this Department.
The commissioners appointed on said field for submit- ting these stipulations to the respective chiefs for their approbation or rejection, were, on the part of General Micheltorena, Don Felix Valdaz, battalion commander, and Don José Castanares, Colonel of infantry; and on the part of Colonel Castro, Don José Antonio Carrillo and Lieut. Manuel Castro.
On the field of San Fernando, February, 22, 1845,
(Signed)
( FELIX VALDAZ,
JOSE MARIA CASTANARES.
(Approved) MICHELTORENA.
(Signed) ( JOSÉ ANTONIO CARRILLO.
(Approved)
MANUEL CASTRO. CASTRO.
ADDITIONAL ARTICLE.
The division of General Micheltorena will march with all the honors of war, their flags flying, drums and trumpets sounding, two field-pieces, six-pounders, and one four-pounder culverin, with matches lighted, and will be saluted by the opposing forces under the Lieutenant- Colonel Don José Castro, with colors flying and drums beating. And on the arrival of General Micheltorena at San Pedro, the said three field-pieces, with all their
HMMWarden
H. M. WARDEN.
THE portrait of one of San Luis Obispo's most fortu- nate and popular citizens is here given, and an illustra- tion on another page represents what is claimed as the handsomest residence in San Luis Obispo County, with its fine gardens, costly marble fountain, and all the rich adornments of an elegant country home. This is the home of Horatio Moore Warden, a native of Ohio, born at Granville, Licking County, May 13, 1828. Mr. War- den springs from old colonial stock of high rank, who, when the difficulties came between the colonies and the mother country, espoused the patriot cause, and upon the declaration of independence became a Captain in the American Army, continuing in the field through the Revolutionary War. Mr. Warden's father was Gabriel Warden, a native of Burlington, Vermont, and his moth- er's maiden name was Mary Seely, a native of Massa- chusetts. This worthy couple raised a family of twelve children, three of whom were daughters and nine sons, the subject of this sketch being next to the youngest. Granville was noted for its excellent schools, and there young Warden received his education and grew to man's estate. When twenty years of age, in company with two older brothers, he went from Ohio to Illinois, where they engaged in dealing in cattle, supplying the Chicago mar- ket. In that business they were engaged tivo years, dur- ing which time they resided in Marshall County in that State. In 1850, in company with Lew M. Warden, his brother, he crossed the plains to California, reaching Hangtown (Placerville) July 6th, making an exceedingly rapid journey for that period, including a stay of one week at Salt Lake City. The mines were then in their freshness, and virgin ground, enriched with the precious dust, was accessible to all, and in the mines of Placerville he immediately went to gathering gold. Subsequently, he mined on the American River, meeting with success gen- erally, and soon accumulating sufficient capital to enable
himself and brother to enter largely into business. In 1851 they went to Sacramento and established a livery stable, and put on a line of stages to Marysville, the first of the kind to that city.
Pursuing that business successfully for one year, he sold out in Sacramento and removed to Placer County, where he established lines of stages from Auburn to Yankee Jim's, Iowa Hill, and Illinoistown. From 1852 to 1856, during the busy times of mining in Placer County, he maintained these stage lines, which were very profitable to their owner. April 15, 1856, while in Placer County, he married Miss Maria Mercedes Villigran. This esteemed lady died April 13, 1881, at their home in San Luis Obispo County. In 1856 he sold his business and removed to Napa County, where he purchased a farm which he successfully cultivated for twelve years, until, in 1868, he removed to San Luis Obispo County, where he has since lived. After coming to this county he engaged in sheep and wool growing, which he carried on with the good success that usually attended his en- terprises. The necessity of a bank of deposit and ex- change, there being none in the county, was very ap- parent, and in 1872, in company with C. H. Phillips, es- tablished the bank of Warden & Phillips, of which Mr. Warden was President, until he severed his connection with it. This is now the Bank of San Luis Obispo, and is an incorporated institution.
November 30, 1882, he married Miss Queenie Parr, daughter of Mrs. Loraine Page Parr, at the residence of the mother, in Grass Valley, Nevada County. The mother is a native of Granville, the native place of Mr. Warden, and an acquaintance of former years. Mrs. Warden is a native of Iowa. The kind heart of Mr. Warden is shown in the adoption and great care of two children, to whom he has given his name and treats as his own. Rosa Louisa Warden he has had in his family for several
BIOGRAPHY OF H. M. WARDEN.
years, and Joseph Wilkinson Warden he adopted in September, 1882. Both are about thirteen years of age. In furnishing a pleasant home for these Mr. Warden is rewarded by the consciousness of doing good.
Mr. Warden and his family now reside on his splendid and highly improved ranch of 3, 100 acres, being a portion of the Los Osos Grant, six miles from the city of San Luis Obispo. Here he indulges his taste for thoroughbred stock, having upon his place some very choice breeds of horses and cattle. His Short-horn Durhams are the pride of the country as well as of the owner, and his stock of all kinds is of the highest class.
The career of this gentleman has been one of almost uninterrupted success; coming as a young pioneer to California, he has passed through all the grades of en- terprise, miner, stage proprietor, farmer, banker, until now he holds a princely estate of thousands of acres of the best of land, and a home of refinement and ease. The various steps through life have been taken with clear
and good judgment, his business managed with honor and skill, all apparently being conducted without trouble, and bringing the natural result of wealth. In social and public life he has always borne a prominent part, being ·fond of good society, affable and pleasant to all, acting well to the motto of "suaveter in modo, fortiter in re," which has brought him the regard and respect of all. Of the social and benevolent orders he is a member of the Free Masons and of the Independent Order of Odd Fellows. Politically he is a Republican, and has great influence in his party, taking great interest in public mat- ters. In 1880 and 1881 he was one of the Supervisors of the county. He has also been a school trustee, and through his energy and exertions the fine public school building in San Luis Obispo has been erected. In all his business he has been thorough and exact, believing in the principle that all that is worth doing at all is worth doing well.
RANCHAND RESIDENCE OF H. M. WARDEN, LOS OSOS VALLEY, SAN LUIS OBISPO CO. CAL.
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THE INSURRECTIONARY PERIOD.
caissons and ammunition, shall be delivered to the officer encharged by Colonel Castro to receive them.
(Signed)
§ MICHELTORENA. CASTRO.
CLOSE OF THE CAMPAIGN.
Captain Sutter's forces did not surrender to Castro, but as Lieut. David T. Bird, who was of the command, said, "they simply drew out." They were not assured of protection, as the articles of capitulation referred only to "citizens." The party had been greatly reduced by desertion, and returned in humiliation. Their route homeward was via the Tejon Pass and the valley of the San Joaquin, then a totally unoccupied region.
The articles of capitulation are in the usual style between contesting parties of that people, and show the innate politeness and consideration of the feelings of the defeated. As in the case of the surrender of Carrillo to Alvarado it was difficult to tell which party surrendered, the fraternization was so cordial and the rejoicings so hearty. The conqueror provides for salutes, and escorts the conquered who marches as an army fully equipped for battle, and the conquered in turn bestows rank and honors upon his conqueror.
PIO PICO GOVERNOR.
By the conditions of the capitulation the presiding offi- cer of the Departmental Assembly became Governor, Don Pio Pico held that position and consequently became the Governor. This gentleman was a native of California, had been at the head of the Assembly for many years, and was a member of one of the most prominent families of the country. His administration is distinguished for the increase of the American population, the consultations for a change of government, and the final conquest and annexation of the country by the United States,
THE FIRST CONSPIRACY.
The action of Captain Sutter in taking part with Mich- eltorena, whom so many Americans opposed, called atten- tion to the necessity of a better understanding between the foreigners, for the sake of acting in concert for mutual protection. To effect this Dr. John Marshe and Capt. Charles M. Weber, at San Jose, prepared a document, which others signed, calling a secret convention of the foreigners. The following is the document :-
The undersigned, in common with all other foreigners with whom they have been able to communicate person- ally, being very desirous to promote the union, harmony, and best interests of all the foreigners resident in Cali- fornia, have thought that this desirable object can be best attained by the meeting of some individuals from each of the different districts of the northern part of the country. We therefore hereby invite the persons of foreign birth, whether naturalized or not, to send two or more of their number to represent them in a meeting, to be held in the Pueblo de S. José, on the 4th day of July next. It is considered to be very desirable that Monterey, Santa Cruz, Yerba Buena, Sonoma, and the districts of the Sacramento should be fully represented. In the mean- time, we think it will be obvious to every man of sense or reflection, that the foreigners ought carefully to refrain from taking any part, either in word or deed, in any move-
ment of a political nature that may take place in the country-amongst native Mexicans.
Pueblo of St. Joseph, March 27, 18.45.
JOHN MARSHE, PETER HEGARTY,
CHARLES M. WEBER, GEORGE A. FERGUSON,
WM. GULNACK, JAMES ROCK,
PETER DAVIDSON, THOMAS JONES,
JOHN BURTON,
H. M. PIERCE,
GEORGE W. BELLONNY,
WILLARD BUZZILL,
JAMES W. WEEKES, JOHN HAMES,
JOHN DAUBENBISS, WM. KNIGHT,
THOMAS G. BAIRN, GEORGE FRAEZHER,
BENJ. WALBURN, THOMAS COLE,
DANIEL MILNER, GUILLERMO G. CHARD,
DANIEL FISHER.
The document was written by Dr. Marshe, and the words (amongst native Mexicans) added by Weber. This was the first step taken for uniting the foreigners and had for its ulterior object, besides preventing a repe- tition of the blunder in opposing each other as in the expulsion of Micheltorena, when they became sufficiently strong, to wrest the northern part of the country from Mexican rule, and make it an independent State, as Texas had done. The meeting was never held, but its objects were obtained by a conference and mutual understanding one with another.
EXTRAORDINARY CONVENTION CALLED.
The native Californians were as dissatisfied with the Mexican Government as were the foreigners in their midst, and were determined on a change. While not believing themselves strong enough to establish an in- dependent Government, they debated as to which of the powerful nations they should attach themselves. The Departmental Assembly of California early in 1846 passed an Act for calling an extraordinary convention to be styled El Concejo General de los Pueblos Unidos de Califor- nia-The general council of the united pueblos of Califor- nia-which was to meet at Santa Barbara, June 15, 1846. This was supposed to decide the future of California. Three great powers were desirous of winning the rich prize. These were represented by their Consuls, Thomas O. Larkin, for the United States; J. Alexander Forbes, for Great Britain, and M. Guys, for France; and these gen- tlemen commenced their plotting and counter-plotting to influence the members in the interest of their respective Governments.
An informal preliminary meeting was held at the house of Gen. José Castro, in Monterey, and the question was discussed. Governor Pico was opposed to the Yankees, saying they were too cunning and too powerful to have as masters, that, as General Vallejo reports it, " the North Americans were so enterprising a people that, if it were proposed, they were quite capable of changing the color of the stars." Some preferred the Catholic monarchy of France, as the French were of the Latin race and co- religionists; some advocated the strong monarchy of Great Britain, as with her powerful navy she could give protection and maintain a reliable Government. General Vallejo maintained the superior advantages in belonging to the United States, making a long and powerful argu- ment on the subject. There was no longer any depend-
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HISTORY OF SAN LUIS OBISPO COUNTY.
ence to be placed in Mexico. He said, "We have endured her official cormorants and her villainous sol- diery until we can endure it no longer." He first advo- cated independence, but if submitting to any power it should be to the United States, where, instead of being subjects, they would become fellow-citizens, with the right to choose their own local and federal rulers. " If it is our destiny to fall into the jaws of the bull-dog or the grey- hound, the latter is the first in the race, let him take California."
The remarks of Vallejo and the firm position of his friends convinced the other factions that there would be no prospect of their unity, and the convention was not held. A few months later and California was beyond the influence of conventions.
FREMONT'S COMING.
While things were in this eventful condition, the United States Government dispatched John C. Fremont, then a Captain of Topographical Engineers, on a third tour across the plans, ostensibly to find a better route to the mouth of the Columbia River, but with a private under- standing, as is generally believed, that he should be suffi- ciently near to assist in the event of the breaking out of hostilities between the two nations.
He reached the frontier early in March, 1846, with a force of only sixty-two men. The force was ample to cross the plains, or to make a scientific exploration, but he was a natural leader of men, daring and decisive, and, if nec- essary, could organize the Yankee population into a bat- talion that would soon settle all questions of the suprem- acy of the Anglo-Saxon or Spanish races. He visited the capital, and asked permission to recruit his men and horses in the San Joaquin Valley, where there was plenty of game and grass, but no ranches, before proceeding on his way to Oregon, which was granted.
He did not, however, proceed immediately on his way, but from San José, where he then was, took a southerly course, and we next hear of him at Captain Fisher's rancho, between San José and Monterey. There some horses in his band were claimed as stolen. Fremont disputed the claim, thinking it a fabricated case to make him trouble, or to arrest his march to the sea-coast. Fremont's rea- sons for his march in that direction was the necessity to enter Monterey to obtain supplies he could not get at San José.
SPICY CORRESPONDENCE.
As he refused to deliver up the alleged stolen horses, a summons was sent him by the Alcalde of San José to appear before him and answer to the complaint. Instead, however, he sent the following :-
You will readily understand that my duties will not permit me to appear before the magistrates in your town on the complaint of every straggling vagabond who may choose to visit my camp. You inform me that unless satisfaction be immediately made, by the delivery of the animals in question, the complaints will be forwarded to the Governor. I will beg you at the same time to inclose to His Excellency a copy of this note. I am, very respect- fully, your obedient servant, J. C. FREMONT, U. S. A.
To Sr. Don Dolores Pacheco, Alcalde of San José.
After this curt and rather insolent letter, he proceeded in the direction of Monterey, but on the 5th of March was met by an officer bearing a letter, and backed by a company of eighty mounted lancers.
MONTEREY, March 5, 1846.
I have learned, with much dissatisfaction, that, in con- tempt of the laws and authorities of the Mexican Repub- lic, you have entered the towns of the district under my charge with an armed force, which the Government of your nation must have placed under your command for the purpose of examining its own territory; that this Pre- fecture orders you, immediately on the receipt of this communication, to return with your party beyond the limits of this department, with the understanding that if you do not comply, this Prefecture will take the necessary measures to compel you to respect this determination. God and liberty. MANUEL CASTRO.
Senor Capt. Don J. C. Fremont.
The course of Gen. José Castro, in first granting Fre- mont permission to recruit his animals in the country, and afterwards summarily ordering him to leave, has usually been severely condemned by American writers; but his movements, and his letter to Pacheco, were such as to excite suspicion of him, and to absolve the Californians from any duties of hospitality. A few years before Commodore Jones had taken possession of Monterey; the Americans in the country were believed to be ready, or willing, to overthrow the Government; and here was Fremont with sixty-two armed and reckless men march- ing toward their capital. There were certainly sufficient grounds for serious apprehension, and it may be readily believed that, had the case been reversed, an American people would quickly have arisen and severely punished so insolent an intruder.
Fremont now apprehended an attack and fortified him- self on the Pico de Gabilan (Hawks Peak), near the mis- sion of San Juan Bautista. General Castro with an army of about 200 men and a six-pounder field-piece, moved out of Monterey to put in force the order given to Fre- mont to leave the country. They did not, however, approach within reach of the American rifles, but dis- played their force in sight of the explorers' camp.
While thus beleagured, Fremont wrote the following letter to the American Consul.
MARCH 10, 1846.
MY DEAR SIR : I this moment received your letters, and, without waiting to read them, acknowledge the re- ceipt, which the carrier requires immediately. I am making myself as strong as possible, with the intention, if we are unjustly attacked, to fight to extremity, and will refuse quarter, trusting to our country to avenge our deaths. No one has reached our camp, and from the heights we are able to see the troops mustering at St John's and preparing cannon. I thank you for your kindness and good wishes, and would write more at length as to my intentions did I not fear that my letters would be intercepted. Very truly yours,
J. C. FREMONT. To Thos. O. Larkin, Esq., Consul for U. S., Monterey.
He wrote bravely, threatening to fight to desperation if attacked, probably thinking the letter would fall into the hands of the Californians, and they would thus be deterred from making the attack. The same day he sud-
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THE INSURRECTIONARY PERIOD.
denly left, leaving his camp-fires burning, and proceeded to the San Joaquin Valley and en route to Oregon.
FREMONT RECALLED.
When Fremont had reached the Oregon line, he learned that an officer of the United States Army was on his trail with important dispatches. He immediately retraced his steps and met Lieutenant Gillespie, who had crossed the continent from Vera Cruz to Mazatlan, and thence to Monterey in a sloop-of-war, with unwritten, but im- portant dispatches, the written letters only commending him to Fremont's favor and confidence. A letter from Thomas H. Benton and other members of the family contained paragraphs which would have appeared inno- cent enough if captured by the Custom House, or other authorities, but which, explained by the verbal commu- nications, were momentous. On his return to the Sacra- mento Valley, Fremont found the settlers in a state of excitement. The determination of the Californians to drive out the gringos was becoming more apparent every day, and, in the absence of better information, they were led to believe that Fremont had actually fled before Castro's cavalry. There was a report that Castro was advancing with a force upon Sacramento Valley, and the settlers immediately began to flock to Fremont, who had his camp near the mouth of Feather River. The story of the actual movement of troops to expel the settlers was so far true that horses for mounting a legion to attack the Americans were being taken from Sonoma and other valleys to San Jose. It was deemed wise and justifiable to interfere with this arrangement, and actual hostilities were commenced by intercepting the horses, and sending word to Castro by the vaqueros that, if he wanted the horses, he must come and take them.
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