Don Jose Antonio Julian de la Guerra y de Noriega of California

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DON JOSE ANTONIO JULIAN DE LA GUERRA Y DE NORIEGA, OF CALIFORNIA

A Thesis Presented to the Faculty of the Graduate School The University of Southern California

In Partial Fulfillment of the Requirements for the Degree Master of Arts

by William Henry Phillips June 1950

UMI Number: EP59615

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If

>s~o Ps~ 1800 (in Bowman, f,De la Guerra Documents,11 Sec. I, 4). These documents which belong to the De la Guerra family were translated by Mary Bowman in 1918. They are in two sections and belong to the California State Historical Association, Los Angeles. At present these documents are in the custody of Dr. Owen C. Coy of the University of Southern California. Hereinafter these translations will be cited as Bowman, "De la Guerra Documents."

De la Guerra left the office of the Habilitado General to take up his new duties in California, Lieutenant Col­ onel Carcaba wrote a letter of recommendation in which he certified that De la Guerra ” . . . with zeal, industry and ability.

discharged his duties His conduct in every

way was worthy of his illustrious birth.

He showed him­

self a thorough accountant."1^ On February 25 , 1801, Viceroy Marquina issued a passport to De la Guerra and two recruits who were in­ structed to march to San Bias and there obtain passage 15 on a supply ship to Alta California. De la Guerra and his charges struck out to the northwest in their journey over 600 odd miles of dusty roads from Mexico City high upon the interior plateau to the little commercial and fishing village of San Bias on the Pacific.

14

16

In all

Bancroft, "De la Guerra Notes."

15

Ibid. Bancroft further says of the two re­ cruits: "He brought two recruits, Don Juan Jose Franco and Jose Joaquin de la Torre y Enterria; both were gent­ lemen and the latter was afterwards of some prominence in California."

16

A m o d e m road map gives the distance from Mexico City to San Bias as 633 miles. Duflot de Mofras was on the Pacific coast in 1840-1842, and at that time gathered some valuable information pertaining to Oregon, Mexico and the Californias. On December 29, 1840, he wrote in his memoirs at Mazatlan telling of the cities between Mexico City and the Pacific. He gave the dist­ ance in leagues from Mexico City to Guadalajara, from

11

probability they passed wagons loaded with goods labeled for frontier California, which were ai?awn by slow-moving burros or often the even slower-plodding oxen.

When

the three soldiers got tired of marching, as undoubtedly rf they did, they could hitch a ride on a carreta until this slow transportation drove them to their two feet again. The marching trio must have sighted the fortifi­ cations and citadel of San Bias about the same moment as their eyes saw the Pacific Ocean stretching to the western horizon.

They found San Bias humming with act­

ivity for it was the port of embarcation to frontier California.

This town, established by royal order in

Guadalajara to Tepie, and Tepic to San Bias. In all, it was 262 leagues. According to Dr. Herbert Eugene Bolton in the preface to Volume IV of his Anza *s California Expeditions, a league is about 2.6 miles. He was basing his judgment on the work of Pray Pont who was a member of the Anza expedition and kept a very accurate diary. Speaking of Pont, he said: "His record for distances and directions is so accurate and his description of natural features is so graphic that nothing surprises the explorer of his trail . . . Font’s leagues were estimated by a measured league which he walked ’accord­ ing to marching pace.’ They were Mexican leagues of 5,000 varas, or about 2.6 miles." If the leagues of Duflot de Mofras are correct, and the league is figured on the basis of being 2.6 miles, Guerra and his compan­ ions marched a total of 681 miles in their trek from Mexico City to San Bias. 17 A carreta was an ox-drawn cart.

12

1768, was the home of the Spanish Navy on the Pacific Coast.

Here more than three thousand men were employed

by the Spanish government in the warehouses, docks, drydocks, and in the hospitals.

All activity centered

around loading supplies on boats for frontier outposts,r unloading goods from the Philippines, China and Calif­ ornia, building frigates to protect the Spanish Empire, and caring for the gallant crews of these ships who were often half dead from scurvy and emaciated almost beyond recognition after long trips on storm swept seas. They found two supply ships being prepared for the voyage to California-^the "Princessa" and the "Concepcion." They were given passage on the "Con19 cepcion." The voyage to California was not dissimilar l8

Duflot de Mofras, Travels on the Pacific Coast, Marguerite Eyer Wilbur, ed., I, pp.“H4-85. Duflot de Mofras found San Bias virtually deserted with less than 800 inhabitants, in 1840. The warehouses, hospital, and arsenal were in ruins. Almost all the people had moved to Tepic which was at a higher altitude where they would not be bothered by pernicious fevers and millions of mosquitoes during the rainy season. ^ The "Concepcion" was an old sailing vessel which had seen service as far back as 1769* March 14th of that year Palou said in his diary, found in Herbert Eugene Bolton, Historical Memoirs of New California, I, p. 21, that "La Purisima Concepcion de Maria Santisima" was the boat which took the sixteen missionaries from San Bias to Loreto in Lower California establishments.

13 from other sailing voyages of the day which were hazardous as well as uncomfortable.

The run from San

Bias to Alta California required from one and or&*half 20 to four months time, depending upon the weather. Lack of fresh fruits and vegetables caused the dread disease, scurvy, which was not uncommon among passengers and 21 sailors of the day.

Not until 1791*- does Bancroft mention the "Concepcion" in California waters (Hubert Howe Bancroft, History of Cal~ ifornia, I, p. 523/- At this period foreign ships and fear of possible English encroachment on California shores caused the viceroy to send more ships into California waters. The "Princesa,11 which was used in California first as an exploring vessel in 1779* was turned into an armed frigate in 1797* The "Concepcion" was also in California in this year and, after discharging supplies, remained to guard the California coast. o0 ^ Naturally, it took more time to sail to Monterey and San Francisco from San Bias than it did to San Diego. Here are some figures gleaned from Bancroft of some voyages between 1769 and 1778 (Bancroft, 0£. cit.). No. of From To Dates Days Ship San Diego La Paz San Carlos 1/9 to 4/29 110 San Diego San Antonio La Paz 2/15 to 4/11 55 San Diego San Bias Santiago 1/24 to 3/13 48 San Carlos San Bias Monterey 3/16 to 6/27 103 San Francisco 3/1 to 5/12 Santiago San Bias 73 San Francisco 3/4 to 6/17 Santiago San Bias 105 01

‘“‘'The "San Carlos" in 1769> In its initial trip to California, ran into rough seas, contrary winds, and, to make matters worse, had leaky water barrels. When they finally arrived in San Diego, they had scarcely enough able hands to row the small landing boat ashore. Fray Juan Crespi, who came by land, had the following to say in a letter to Fray Palou (found in Herbert Eugene Bolton, Fray Juan Crespi, ,Missionary Explorer on the Pacific

14 Of the voyage of the "Concepcion" in 1801, we have very little information, but that it was less perilous or less grueling than other voyages of the "Concepcion" is unlikely.

We do know that the "Princesa" and the "Con­

cepcion" both went as far as Bodega and were separated in a fog.

They then turned south, and the former entered

San Francisco Bay, while the "Concepcion" anchored in Monterey Bay on August 9th, only after "narrowly escaping grounding off Salinas."

22

When the "Concepcion" sailed into Monterey Bay, De la Guerra saw in the distance the presidio, which was one of the four such establishments in California, and was to be his home for the next few years.

The presidios

represented the material aspect of the conquest, and were very important, for around them revolved almost all act­ ivities in early California history.

They were all con­

structed along similar lines and were seldom complete. In most instances, before the presidio was actually fin­ ished other parts of it had already fallen into decay. The first presidios were stockade enclosures built in

Coast, p. 2): "We found the crews of both ships and the soldiers from the ’San Carlos’ filling a hospital on shore, recovering from the disease of loanda or scurvy." 22

footnote.

Bancroft, History of California, II, p. 2,

15 the form of a square.

These squares varied in size, but

usually each side averaged about one hundred yards in length.

The cannons were mounted in the ravelins at the

corners of the presidios and other convenient points. The quarters for the soldiers were first constructed of wood, had mud roofs, and were erected along the inside walls.

In the first few years, adobe was used in only

a few of the houses, and later adobe coupled with stone was used almost entirely.

The stones were covered with

adobe, making the buildings sturdier than those of plain adobe blocks.

In a like manner, the stockade of the

early presidio was later replaced by stone walls plastered with adobe.

The adobe buildings were whitewashed, and had

roofs of asphaltum, or red tiles.

The most imposing

structures in the square were the chapel and the command23 ant's house. At Monterey, the first buildings constructed were the chapel, a room for the visiting friar, a commandant's house, and the jail, and they were all constructed to adobe.

All the presidios had, besides these buildings,

a sergeant's house which was usually located next to the jail.

The sacristy was connected to the church, and the

chaplain's room was not far away.

Corrals for the cav-

Irving Berdine Richman, California Under Spain and Mexico, 1535-1347* P- 333, footnote.

16 airy horses were located within the walls, as were the private corrals of the commandant and chaplain which were located between their homes and the presidial walls. Storehouses, to house supplies and all types of goods, were found within the walls, as were the kitchens. The presidio at Monterey came under the attention of Governor Neve, in 1778, as did the rest of them.

When

he arrived, he found nothing but huts enclosed by a stockade.

He soon had built, with the aid of government

money, a stone wall five hundred and thirty-seven yards in circumference, twelve feet high and four feet thick. The walls enclosed ten adobe houses each twenty-one by twenty-four feet.

He also started construction upon a

barracks one hundred and thirty-six feet by eighteen 24 feet. On August 11, 1789* a great disaster overtook the presidio when a conflagration destroyed half of the buildings within the square.

The tule roofing was set

on fire by a wad from one of the cannons, when the piece fired a salute to the "San Carlos” upon her arrival in port.

Repairing the damages caused by the fire of 1789 25 cost $2,609 and restoration was' completed by 1791» 24 ^

Bancroft, History of California, I, p. 331* Ibid., p. 680, footnote.

17 Nor was this the only fire to plague Monterey.

In 1792

another fire broke out and demolished a portion of the presidio.

When Governor Borica arrived in 1793 repairs

had commenced. Just prior to the arrival of De la Guerra in 1801 the presidial buildings at Monterey had again fallen into a state of disrepair, and the work of troops and Indians for over twenty years went to naught because of the poor construction of the original buildings.

March winds blew

down the north gate which was the principal gate of the presidio.

The rooms of the barracks and Jail awaited re­

pair, and there was a definite need for a new warehouse to be erected on the foundation of the old one.

Also, it

was essential to build a new commandant's house to re­ place the old one which had been destroyed several years earlier, to prevent contagion following the death of a former commandant, Hermenegildo Sal.

In spite of $300

spent in repairs in the very year he arrived, De la Guerra found the work incomplete and Commandant Carrillo attempt­ ing to raise additional funds from the government.

After

his arrival, De la Guerra wrote about his new home, de26 scribing the presidio as:

26

Bancroft, op. cit., II, pp. 143-44.

18

110 varas square. On the north is the principal gate with barracks and three warehouses; on the west the governor’s house with parlor, eight small rooms and kitchen, also two houses for officers, and one for the surgeon; on the south nine houses for families with the chapel in the center; and on the east nine houses for families, a blacksmith shop, and a small gate. When De la Guerra arrived, he reported to his superior office, Jose Raimundo Carrillo, who was in com­ mand of the Monterey Company but was not in command of the post.

Military commandant of Alta California at the

time was Pedro de Alberni who remained as such until his death at Monterey on March 11, 1802. Juan de Dios Morelos.

The surgeon was

A new first sergeant, Gabriel

Moraga, had just replaced Company Sergeant Jose Macario Castro.

Castro was retired to San Jose as an invalid

that year. Within a few months, Jose Carrillo realized that De la Guerra, because of his previous service in the habilitado general’s office, was the logical man for the post of habilitado of the Monterey Company.

Thus, on

January 1, 1802, De la Guerra accepted this new responsi27 bility. This was not the only duty that Alferez Guerra was to perform.

Before the year ended, Captain Felipe

de Goycoechea, commander of the Santa Barbara presidio,

More will be said about the duties of the Habilitado in the next chapter.

19 was appointed habilitado general for the Californias, and sailed for Mexico October 13.» 1802. vacancy at Santa Barbara.

28

This left a

Governor-ad-Interim Arrillaga

at Loreto decided to shift Don Carrillo to Santa Barbara as commandant, although he was still to remain on the roster of the Monterey Company.

This, of course, left

the Monterey Company without a leader, so with the de­ parture of Carrillo for Santa Barbara, De la Guerra be­ came acting commandant. De la Guerra was busy writing to Governor Arrillaga in 1803, telling him what he thought of the pueblo at Branciforte, which was within his jurisdiction.

Building

at Branciforte began in 1797 but was never completed. A series of orders were issued by the viceroy and the governor, one of which would call for further construc­ tion and another halting proceedings.

As a result, De

la Guerra wrote his candid report to Arrillaga on condi29 tions. He said of the settlers: They were not so bad as other convicts sent to California; still to take a charitable view of the matter their absence for a couple of centuries at a distance of a million leagues would prove most beneficial to the province and redound to the ser­ vice of God and the king.

28

Bancroft, op. cit., II, pp. 116-17.

29 Ibid., II, p. 155-

20 All his time was not spent in writing scathing denuncia­ tions of the early California settlers; in June, 1803* he traveled to San Juan Bautista, there to sponsor the new church, and to participate in the laying of the cornerstone.

3

0

-

The next year was an eventful year in the life of De la Guerra,' for it was this year that he married the only daughter of his former superior officer, Don Jose Carrillo.

Undoubtedly De la Guerra, when he first

arrived in California, was smitten with love for this gracious and lovely senorita, who even then must have exhibited some of those traits which were to gain for her the esteem of all of those who knew her. 31 Possibly the old adage of "absence makes the heart grow fonder" was also true in this instance, for, by the end of 1802, Senorita Antonia, with tne rest of the Carrillo family had had to pack up and leave for Santa Barbara where father Carrillo had been transferred.

This

absence must have made De la Guerra realize her true worth and must have spurred him to action, for we soon find that he made application to marry Antonia. 30

Being

Ibid., p. 153.

31 Robinson, Life in California, p. 55, says: "An American lady once observed to me, that there were in California two things supremely good, La Senora Noriega, and grapes.1"

21

of noble birth, it was necessary for De la Guerra to obtain royal permission.

He at once placed the necessary

documents in order and transmitted them to Governor Arrillaga, to be sent in turn to the viceroy.

By Jan­

uary 21st of the next year, the viceroy gave his consent in a letter which he sent to Governor Arrillaga, who was to send it on to De la Guerra.

On the 23rd of March,

De la Guerra received this anxiously-awaited letter which said in part:

"I immediately granted his request, as he

had passed the age necessary for the parental consent."32 The letter further pointed out that Dona Antonia would have no right in the montepio militar, unless her husband died in action. ^ De la Guerra did not waste any time, but made ar­ rangements with the father president of the missions, Fray Tapis, to marry him to his chosen one at Santa 32

Jose Arrillaga to De la Guerra, Monterey, March 23* 1804, in Bowman, T,De la Guerra Documents," Sec. I, pp. 12-13. 33 Montepio militar was a form of military insur­ ance for widows and orphans of military officials killed in action. Apparently the rule whereby this insurance paid off only for death in action was new, for we find %hat when Jose Carrillo died a natural death in 1809, his widow received the montepio militar, even though she had to wait seven years before her claim was recognized. i

22 Barbara.

There at the mission Don Jose Antonio Julian

de la Guerra y de Noriega and Senorita Antonia Carrillo y Lugo were united in the holy bonds of matrimony on May 16, 1804.

The following day the wedding ceremony 34 and festivities closed with the nuptial mass. It was not until nearly eight months after his marriage that royal approval was received when Governor Arrillaga sent

from Loreto on January 14, 1805, the letter from the 35 viceroy in which he said: On consultation with the Supreme War Council, the King has chosen to approve the license which Your Excellency gave to Don Jose Antonio de la Guerra y Noriega, Alferez of the Presidio of Monterey in the California Peninsula, to marry Dona Antonia Carrillo y Lugo. All was not love and pleasure for De la Guerra, for in 1804, we find him dispatching troops to the rancherias fourteen leagues out of San Miguel.

It seems that the

Indian Chief Guchapa of the region refused to allow his people to become Christians, and repulsed Fray Martin and his eseort.

The troops carried out their mission

against heavy resistance on the part of Guchapa and his

3^ "First Book of Marriages, Mission Santa Bar­ bara,” I, 13, no., p \,56. 35 Jose Arrillaga to De la Guerra, Loreto, Jan­ uary 14, 1805, in De la Guerra, nDoc. Hist. Cal.,” MS, vi, p .32.

23 braves, according to De la Guerra in his report to Governor Arrillaga. 36 The next year, Indian troubles and troubles involving jurisdiction arose at Pueblo San Jose.

It seems

that Commandant Arguello of San Francisco had sent his Ser­ geant Luis Peralta to San Jose in search of assassins who had killed Christian Indians.

Sergeant Peralta was aided

by Comisionado Castro from Monterey who had not consulted his superior officer in this venture.

De la Guerra immed­

iately reprimanded him and let him know that "nothing could be done at the pueblo without his (De la Guerra’s) consent."^37 Also, to gain further knowledge of the Indians of the interior, De la Guerra at the instigation of Gover­ nor Arrillaga dispatched his sergeant, Gabriel Moraga, with a party of twenty-five, to the San Joaquin Valley.

38

It was decided to drop Felipe de Goycoechea from the rolls of the Santa Barbara Presidio, which action left a vacancy for a lieutenant.

Undoubtedly Carrillo was an­

xious to have his daughter and son-in-law, not to mention his new grandson, with him at Santa Barbara.

Governor

36 Bancroft, op. cit., II, p'. 150. 3^ Ibid., pp. 132-3338 D Ibid *, p. 50* De la Guerra’s first son, Jose Antonio, was born in 1805 at Monterey.

2k

Arrillaga appointed De la Guerra to this post in March of 1806 to fill the vacancy, pending approval from the king.

This approval was granted a year later on March

22, 1807, at Aranjuez, Spain, when the king issued the order:

"I order the Viceroy and Captain General of the;

Kingdom of New Spain that he give the necessary orders, so that he shall take possession of the employment.

tr39

De la Guerra must have caught the fancy of Governor Arrillaga who came to reside in Upper California in Jan­ uary of 1806, for the governor recommended, before De la Guerra even received his commission of lieutenant from the king, that he be promoted to captain having served the king seven years, eight months and twenty-two days.

This

favor did not turn the head of De la Guerra who continued to dispatch his duties with zeal, and when orders came for his transfer from Monterey he was prepared.

In June,

he turned over the presidial accounts to Jose Maria Estudillo. The years 1806 and 1807 saw additional personnel changes, which are particularly interesting, not only be­ cause of a fracas that occurred, but because De la Guerra

King of Spain to Viceroy of New Spain, a Royal Order, Aranjuez, Spain, March 22, 1807, in Bowman, nDe la Guerra Documents," Sec. II, p. 35.

25 was one of the main actors in this little drama.

With

the elevation of Felipe de Goycoechea to the governorship of Baja California in 1805, it meant that California needed once again a habilitado general.

An election was held in

1806, and Manuel Rodriquez, Commandant of the San Diego Company, was elected to serve California in Mexico.

To

fill the post at San Diego, the governor decided to send Jose Carrillo from Santa Barbara.

Carrillo was not able

to depart for San Diego immediately so he dispatched Don Francisco Maria Ruiz, a member of the Santa Barbara Com­ pany, to assume command until he arrived.

In the meantime,

on November 15th, the orders of De la Guerra were changed and he was instructed to report to San Diego as habilitado 40 in order to straighten out the accounts. When De la Guerra arrived in San Diego, he found Lieutenant Ruiz already in command, but as his commission was issued a few days prior to that of Lieutenant Ruiz, he had to be placed in command.

This naturally made for ill

feelings because Ruiz had had to struggle to get to the top. He was a native of Lower California and had started out in the ranks, working his way up to lieutenency, while De la Guerra, because of his noble birth, had started as a cadet. Also, according to Vallejo, the marriage of De la Guerra, consummated but two years prior, improved his position. ^0 Bancroft, op. cit., II, p. 141 footnote.

26 As Vallejo said:

"On account of the good deeds of his

father-in-law, two years after his marriage he was raised to lieutenant. Be that as it may, neither one seemed to be willing to give in to the other. did not help.

Even being related by marriage

On March 15> 1807, matters came to a head

when De la Guerra, in the presidio square, before the troops, insisted that Ruiz carry out his orders.

These

orders asked the commandant at San Diego to obtain five volunteers to be transferred to San Miguel in Lower Cal­ ifornia where they would be under the jurisdiction of Loreto.

42

De la Guerra had received from the governor

a letter which pointed out that Lieutenant Ruiz was to be in charge of the escort, and intimated he would be transferred to San Miguel.

The. letter said:

"I suggest,

on your part Lieutenant Ruiz be advised of the names of the men transferred . . . going personally to deliver them to the barracks . . . " 43 Arrillaga said: 41

Toward the end of the letter

Mariano Guadalupe Vallejo, "Historia de California, MS, iii, p. 93. 42 San Miguel was in Lower California, about the same distance from the border as San Diego is from the border on this side. 43 Jose Arrillaga to De la Guerra, Loreto, January 14, 1805, in De la Guerra, "Doc. Hist. Cal.," MS, vi, p. 32.

27 At the same time I advise you that in case the matter has not been put through of Lieutenant Ruiz's transfer to San Miguel, that you send it to Ensign Ignacio Ma“rtinez for the delivery of the said escort for which you will give him such orders as you may find convenient, so that the act of delivery may be made with all formality. One can well imagine that being asked to be in charge of such a small escort, at such an out-of-the-way station as San Miguel, was not at all pleasing to Ruiz. He refused to carry out this order in a most insulting manner, whereupon De la Guerra called upon the troops to load weapons and shouted threats to place Ruiz under ar­ rest for insubordination.

This further angered Lieutenant

Ruiz, who gave vent to words and oaths which drew a sim­ ilar tirade from De la Guerra.

Matters did not end here,

for the smoldering resentments, built up in both men over a period of four months, led to blows.

Ruiz caught. De la

Guerra across the face with a blow which sent him sprawl­ ing to the ground, and then Ruiz called upon the troops to say whom they recognized as leader.

De la Guerra

sprang to his feet, brandishing his sword, and bloodshed was only averted by the quick action of Pray Sanchez and several soldiers who rushed in to separate the two as44 sailants.

Secretary of War Galles to Viceroy Iturrigaray, Mexico, February 28, 1808, in "Provincial State Papers, Benicia Military’,” MS, xxxviii, pp. 3-6.

28 Finally, at the end of 1807, Captain Carrillo ar­ rived in San Diego to take command, having received his commission in March.

Governor Arrillaga had received

word of the quarrel between De la Guerra and Francisco Ruiz so he sent Captain Jose Arguello, who had just been appointed to succeed Carrillo at Santa Barbara, to act as a one-man investigating committee.

As a result of

Arguellofs report, Arrillaga wrote a letter to the vice­ roy in which he made the suggestion that a reprimand would be sufficient as both had seen the error of their ways.

Also friends of both men involved wrote and told

them it was to their best interests to bury the hatchet for they would only

hurt their chances of promotion.

The viceroy finally replied to Governor Arrillaga's find­ ings in conformity with a decree from the secretary of war: After the first wave of anger producing those reprehensible events had passed, they were capable of reasoning, and maintained the decorum and respect which royal orders recommend to those of their class as being so conducive to keeping subalterns in the proper subordination. These considerations, and the

Ibid. Troubles, however, Diego, undoubtedly because Carrillo but all concerned were able to keep so that their disagreements did not change of blows.

still persisted at San upheld his son-in-law, their heads sufficiently result in further ex­

fact that* with the arrival of Don Jose Raymundo Carrillo to the presidio of San Diego as instructed by the expediente, the motives which provoked these events have been removed, make any further provisions unnecessary. The next two years, De la Guerra was kept busy handling the accounts for the San Diego garrison, as well as caring for the interests of his increasing family.

In

1809, his first daughter, Teresa de Jesus, was born.

Also

at the end of this same year, in November, De la Guerra was saddened by the loss of one of his most loyal sup­ porters when his father-in-law passed away.

The last

will and testament of this venerable Californian, who probably came with the original detail from Loreto in 1769* was given verbally to De la Guerra who forwarded it to the governor.^ The death of Jose Carrillo meant that someone had to be appointed to command at San Diego, but mail was slow and it was not until March, 1810, that news came from Mexico that Ignacio Corral of the Corona Company had been appointed by the viceroy.

In the meantime

Lieutenant Ruiz was placed in command until Corral ar­ rived, probably much to the displeasure of De la Guerra. On the other hand, this displeasure could not have lasted

46 Bancroft, op. cit., II, p. 100 footnote.

30

long, for 1810 was election year.

A habilitado general

for the Californias had to be elected to replace Don Manuel Rodriguez, and to this post in Mexico City went California's most experienced accountant, Don Jose de la Guerra y Noriega, who had received a majority of the votes cast.

47

^ Jose Arrillaga to De la Guerra, Monterey, August 31, 1810, in Bowman, uDe la Guerra Documents," Sec. I, p. 53.

CHAPTER II HABILITADO* Failure of Two Missions The colonial policy instituted by the sovereigns of the Iberian Peninsula was built upon subjugation and restrictions.

There was subjugation not only of the prim­

itive semi-clad natives, but of the Spaniards who came from Spain to hold and protect the frontiers for their beloved sovereigns.

Restrictions were rigid against

mining, agriculture, and commerce by individuals, for fear they would provide competition and break down the monopoly held securely by the mother country.

Foreign­

ers were warned to keep their boats clear of California ports, and were not permitted to anchor unless to provi­ sion a half-dead crew, and even then, Spanish officers had to board the vessel to make certain that the crew was des­ titute and not in search of contraband trade.

A foreigner

so rash as to seek barter with the Spanish colonists stood the risk of having his vessel confiscated and even of death under the Spanish law.

It was only when supply

Habilitado: a paymaster and accountant, whose duties will be explained in this chapter.

32 ships from Mexico failed to arrive in frontier California that colonists violated the law and purchased from foreign vessels. Gold and silver were of little or no value on the frontier so the Spanish government shipped only enough coin to pay the governor, a few officers, and very small amounts for the soldiers.

Instead, the government sup­

plied the colonists with the necessary provisions which their money would ordinarily have bought.

These goods

were purchased in Mexico in accordance with the memorias, or memoranda of articles desired, sent from California by the governor in March or April of the previous year. Every need was considered.

Shoes, clothing, linen,

handkerchiefs, thread, needles, ornate furniture, and other articles too numerous to mention, plus part of the food supply, came by way of the yearly ships.

Upon

these very supplies, which were payment for services rendered, the government felt no qualms about making an excessive profit.

Until the new system was inaug­

urated in 1781, it was not uncommon for the government to make a profit of 150 per cent on colonial supplies.^ With the modification of this practice, effects were

1 Bancroft, History of California, I, pp. 33A-35.

33 delivered the soldiers at cost and were free of freight charges from San Bias.

To offset the lucrative loss,

however, the government cut the pay of the soldiers 40 per cent, and forced them to submit to losses and damages incurred in shipping.

Also, a commission of

two per cent was paid an habilitado of each presidial company who. was elected by the entire personnel. It was the duty of the habilitado to keep the company accounts and, under the supervision of his superior officer, he saw that pay and rations were dis­ tributed.

The habilitado also had the authorization

to purchase California articles, and, during the period 1810 to 1820 when supply ships often failed to appear, many drafts were drawn on mission produce by the various habilitados.

If any error appeared in his accounts, the

entire company was responsible for the deficit. were numerous.

Errors

The presidial books more often than not

failed to balance, usually because of want of skill on the part of the habilitados.

Governor Borica wrote to

Lieutenant Colonel Carcaba in 1795> prior to the entry of De la Guerra into the service, of the inefficiency ‘

of his officers, especially as habilitados.

^ Ibid., I, p. 630, footnote.

2

In 1797*

34 both governors, Arrillaga at Loreta and Borica in the north, were still attempting to settle accounts of the previous decade. In Mexico City was situated an habilitado-general who cared for the problems of finance and supply of both Californias, and after 1800, such officer was usually elected from among the officers of Alta California. term of office was for four years.

His

In 1810, De la Guerra

was elected by his fellow officers to replace Manuel Rodriguez in this responsible position in Mexico City. This work was not new to De la Guerra, for as a cadet he had served in the habilitado-general*s office prior to his arrival in California.

He had been in California

only four months when he was charged with caring for the accounts of the presidial company at Monterey.

One of

the chief reasons he was transferred from Monterey to San Diego by Arrillaga was to straighten out the accounts of that company.

Probably no better man could have been

elected to fill this position, for De la Guerra not only had had prior service in the office in Mexico City, but had experienced frontier privations and had come to real­ ize the needs of the colonists by being one of them from 1801 to his election in 1810. De la Guerra received news of his election in May

35 of l8l0, and in August he received another message from Governor Arrillaga, this time being given the official order to embark.

This order also requested that his

progress toward his station in Mexico City not be im­ peded by governors and justices of the peace in the places through which he must pass, but, on the contrary, he be given all necessary aid that he requested to fa3 cilitate his trip. He embarked with his family from San Diego on the ship “Santisima Virgen" around the first of September. When De la Guerra arrived in San Bias, he was met by a group of insurgents under Pray Mercado, who was one of the priests endorsing the plan of Father Hidalgo for Mexican independence.

Fray Mercado paid

no attention to the passport and request of Governor Arrillaga, but, instead, speeded De la Guerra to Ixtlan where he classified him as a Spaniard and condemned him to death.

He was thrown into a guardhouse with his

brother-in-law and four hundred other Spaniards who shared the same displeasure of Mercado and his men. On the morning of the sixteenth of September, 3

Jose Arrillaga to De la Guerra, Montejrey, August'31> 1810, in Bowman, nDe la Guerra Documents," See. I, p. 5^*

36 the day on which he was to be shot, De la Guerra was looking through the window of the guardhouse with his brother-in-law at the people in the streets of Ixtlan, when Jose Antonio Carrillo, his young brother-in-law, said:

"Look, Don Jose, there goes all dressed up as

Captain an insurgent, servant P u n c h i n e l a . D e la Guerra made certain he was not mistaken and then called, "Puchinela, Puchinela."

When he heard his name called,

Puchinela--who had entered the service of the insurgents under the name of his former employer, De la Guerra— halted and yelled out:

"Who dares recall my past/'

According to Vallejo, it was the custom of the servants of rich Californians to take the names of their patrons or masters, and Puchinela was no exception to this established custom.

He had no scruples in passing as

a distinguished member of the De la Guerra family, whose high birth gave them the right to sit at the table of his excellency, the Viceroy of Mexico.

De la

Guerra told him that it was he, and further, that he wanted to talk with him.

When Puchinela recognized

the voice of his former master, he told the soldiers 4 Vallejo, "Historia de California," MS, iii, P- 94.

5 Ibid., p. 95.

who accompanied him to halt* and went over to the guard­ house and ordered that the door of the room housing De' la Guerra and Jose Antonio be opened.

There he found

his former master and young friend heavily chained. He doffed his cap, saluted with respect and then list­ ened to De la Guerra’s story of how he came to be im­ prisoned at Ixtlan.

When Puchinela heard they were in

jail and condemned to death because they were classified as Spaniards, he immediately said that they would be set free, for he knew them to be good Californians nwho had treated very well all their servants and especially „6 the Chinos. He sent for a blacksmith, -and had the heavy chains removed and was bidding them farewell at the door to the prison when Sergeant Ramon Iriarte

halted

their departure. ~ He said that he doubted their nation­ ality and further would not permit their freedom.

At

once a heated argument ensued between Puchinela and Sergeant Iriarte which was at its height when a Cali­ fornia woman with the "ill nick-name of Pour and oner7 half,’ passed within hearing. When she found that

^ ^bid« j P« 96. In California the Chinos were the descendants of negroes and Indians. ^ Vallejo, op. cit., iii, p. 96.

38 they were placing doubt on the nationality of Jose Antonio Carrillo, she pushed Sergeant Iriarte aside and grabbed the arm of young Carrillo.

At the same time she said

she knew the boy, had seen his birth at Santa Barbara, and further, knew his family to be of the liberal party. When Sergeant Iriarte saw that "Four and one-half," who actively espoused the insurgent movement, was interested in the liberation of these two, he placed no other ob­ stacles in their way but permitted them to go out into the streets. Their lives were constantly in peril in Ixtlan until Spanish troops arrived under General Jose de la Cruz on February. 2, 1811.

On this day De la Guerra and

his brother-in-law proceeded to Tepic where De la Guerra, because of the critical times, placed himself at the disposal of the military commandant of the district, Francisco Valdez.

Commander-of-Arms Valdez saw fit to g make De la Guerra Ayudante Mayor. It was a very re­ sponsible position which dealt with the defense of Tepic which at that time was surrounded by insurgent forces. On three different, occasions, De la Guerra asked per­ mission of his superior office to go forth with troops

Francisco Valdez to De la Guerra, Tepic, Aug ust 31i l8ll, in Bowman, "De la Guerra Documents," Sec. I, p. 58.

39 against the enemy, but Valdez considered his presence Q in the city as very necessary to its defense. Because of the unsettled conditions, in which roving bands of insurgents blocked the highways between Tepic and Mexico City, it was impossible for De la Guerra to reach the capital and take charge of his duties as habilitado-general.

Therefore, on May 16, l8ll, Viceroy

Venegas sent De la Guerra his passport to quit San Bias for California, and before the end of the year he em­ barked with his family on the frigate "Princessa" for home.1 0 Apparently the long months at sea, plus the physical discomforts he was forced to suffer while a prisoner of the insurgents, affected the health of De la Guerra for many months after his return to California. A friend in Compostela, as late as February of 1813* in acknowledging a letter from De la Guerra, expressed his sympathy in that he was "still suffering from the con­ sequences of the voyage to San Bias.11'*'1

^ Certificate for De la Guerra by Jose Arguello, Santa Barbara, August 20, 1815, in De la Guerra, "Doc. Hist. Cal.," MS iv, pp. 114-16. "Historia

Bancroft, "De la Guerra Notes," and Vallejo, de California," MS iii, p. 97*

11 De la Yen to De la Guerra, Compostela,Febru- ary 15, 1813* in Bowman, op. cit., Sec.I, p. 65.

40

Nevertheless, De la Guerra soon was ordered to take charge of the books of the southernmost presidio and was asked to unravel the accounts which had proved a source of trouble and grief to Ruiz and all command­ ants who had preceded him.

Unraveling the presidial

accounts, however, was not the answer to the problem. The answer was not accurate ledgers, but adequate food, clothing, and other supplies to care for the physical needs of the troops and their dependents.

The problem

could be answered only partially by food and goods pro­ duced in the outposts.

The governor and troops still

had to look to Mexico as the main source of relief for all their wants.

And at the moment Mexico was in the

throes of revolution with marauding bands of insurgents threatening to shake the Spanish empire to its very foundation. Because of armed resistance by insurgents seek­ ing independence for Mexico, the government was unable, in the decade following 1810, to supply her dependent frontier outposts.

The supplies for 1811 were at San

Bias ready for shipment when they were seized to equip and ration the troops that fought the insurgents in the vicinity of Tepic, and were never replaced.

Prom this

year on, conditions became exceedingly bad, and no

41

government ship with desperately-needed supplies sailed 12

into California waters for the next six years.

Finally,

in l8l6, the threat of insurgent invasion of California forced the viceroy to send supplies which arrived in October on board the "San Carlos."

The almost desti­

tute Californians had no cause for celebration when the "San Carlos" anchored in Monterey Bay, for her cargo consisted chiefly of weapons and ammunition.

The in­

adequate supply of stores which came with the eight pound guns, cartridges, powder, flints, muskets and bayonets, was so badly damaged as to be fit only to be dumped into the sea. 18 ^ The next three years were bar­ ren of supplies from Mexico, and Jose Narvaez wrote to De la Guerra that even if funds were appropriated for California supplies there were no vessels available 14 for transportation. During this critical period, partial relief was afforded the outposts by the arrival of ships from Lima, which brought miscellaneous goods to barter for hides and tallow. 12 18

14

In 1813, the first Lima ships, the

Bancroft, op. cit., II, p. 197‘

'

Ibid., p. 214, footnote.

Jose Narvaez to De la Guerra, Tepic, August 4, l8l8, in De la Guerra, "Doc, Hist. Cal.," MS vi, p. 119.

42

"Tagle" and the "Flora” arrived in California; and Governor Arrillaga was not only able to purchase badlyneeded cloth, but got one of the captains to take a draft on the treasury for $2,000.

The next year found

two more Lima ships in California, but throughout 1815 and l8l6 they remained away from California because of insurgent activities off Guayaquil and Callao. 1^ ^ Evi­ dently there was a good market for tallow and hides in Lima, for 1817 saw the resumption of this trade when the "San Antonio" and "Hermosa Mexicana" arrived from Lima, in addition to the "Cazadora" from Panama which also came in search of tallow and hides to fill its 16 holds. The inability of Spain to supply her colonies bid fair to destroy her rigid system of restrictions. When conditions became unbearable, the colonists could always violate the law, and trade with the Russians of Fort Ross to' the north of San Francisco.

This is exactly

what happened in 1813, when Governor Arrillaga sent Gabriel Moraga to investigate the Russian settlement.

The "Tagle" and "Santa Eulalia" were the Lima ships in 1814. Bancroft, op. cit., II, chapter 13. This chap­ ter gives a good account of contraband trade from 1811 to 1820.



43

Apparently that was the intent of the trip of Moraga as attested to in the report of Arrillaga to the vice­ roy; but the outcome, with or without Arrillaga’s con­ sent, saw Kuskof send goods to the amount of $14,000 17 which found ready barter at San Francisco. Trade with the Russians continued during the rest of the decade with but slight interruption.

When Lieut­

enant Colonel Pablo Vicente de Sola came to California to assume the governorship, the year after the death of Arrillaga, he was full of patriotic zeal.

He insisted

upon following the law and invoked his commanders to refrain from any illegal traffic with the intruders of Fort Ross.

He even went so far as to enforce the Span­

ish law and arrested two Russians of the vessel Vlllmen" and sent them to San Bias, only to have them returned 18 to him the next year. This fervor was the ardor of a neophyte, for in two short months Sola recognized the gravity of the situation, and thereafter read the law to salve his official conscience and then closed his eyes and opened his hands to Russian goods proffered. Governor Sola was in command of his office a 17 • Bancroft, op. cit., II, p. 302. 18 Ibid., I, p. 210.

44 little over a year when on January 2, 1817* he wrote a detailed report to the viceroy depicting conditions in California. 19 In this report he expressed his concern over the frequent visits of the English and American vessels to the coast.

He was certain that their purpose

was not to obtain provisions, or even deal in contraband trade, but rather to gain first-hand knowledge of the country, as to richness and defenses, so that their na­ tions would be stirred to wrest California from Spanish control.

Be their purpose what it may, they did as

Sola said:

came well armed, shied away from the pre­

sidios, anchored in the smaller bays, landed without being challenged, and made contacts with the people. During the decade, the several. American and Brit­ ish vessels whieh sailed into California ports with their contraband goods did alleviate conditions to a certain extent.

Two American vessels were even captured.

In

1813t Captain Ayers and his crew of the "Mercury” were taken into custody by the Lima boat "Flora."

It was

unlawful to confiscate the cargo for California use but it was decided unsafe to send the $16,000 in money found on board to Mexico so a draft was drawn on the treasury for that amount, and sent with the ship instead.

19 Ibid., II, pp. 214-15.

45 In this manner, the Californians were $16,000 richer, although, as stated, commodities were far more essential than coin.

The next year, the American ship ’’Pedler”

was captured but as there was no proof of smuggling it had to be released. 20 This same year the two English vessels, ’’Isaac Todd” and ’’Raccoon” touched at Monterey and San Fran­ cisco and did some bartering.

Then, in 1816, when the

British ship ’’Colonel” came, Governor Sola heeded the solicitations of his articles of the ’’Colonel.”

Neces­

sity justified his action, he claimed in correspondence with the viceroy.

This was not the last act of necessity

of Sola during the decade, for the next year when the American ship ’’Traveler” sailed Into California waters, Sola obtained at least $1,400 in cash and cloth.

Other

American and British vessels undoubtedly landed and participated in contraband trade, but because their activities were illegal their comings and going were never entered in the records.

In all cases, contraband

trade was not sufficient to supply the needs of the col­ onists.

Also the commodities brought by the foreigners

often were articles which would appeal to the native

Ibid., II, p. 271s footnote.

46 Indians, but which did not satisfy the necessities of the colonists. One of the resources that the governor drew upon to keep his colonists from starvation and going naked was the missions.

It is true that they could not supply

manufactured articles, but they could supply food and cloth when conditions became acute.

To this expediant

the governor turned constantly during the decade.

Such

aid was not always given cheerfully, for the mission produce was the means of barter which the missions had with the vessels on the coast.

Formerly their products

were exchanged for goods brought by the yearly supply ships; now they were forced to accept drafts by the governor on the royal treasury, which many of the friars feared would never be paid.

Their fears proved correct.

On the whole, the missions contributed because their mission system was supported by Spanish royalty, and they were anxious to keep California from the grasp of any other foreign power which might not look favorably upon their work.

To keep their missions in operation,

a military force was essential.

During these troubled

years in Spain and Mexico, such a force only had recourse to supplies within the province, and as the missions had the only supplies in the province, the result was

^7 inevitable. Governor Arrillaga, in 1814, notified his presidial commanders that the troops were to be supplied by the missions within their jurisdiction.

The threat

of foreign aggression in 1817 saw the missions give a good portion of their produce to the presidios, and this was used to barter with the Lima ships.

Still later

in the decade, Sola called upon each mission to contri­ bute a ton of tallow to be used in the Lima trade.

Pre­

fect Sarria objected, and, after haggling, the missions’ contribution for the year seems to have been $2800 in cash or its equivalent in tallow.

The next year when

foreign invasion came to California establishments, the missions were ready to aid with all the resources at their command, and after the sacking and pillaging of Monterey Presidio, they contributed $3*500 to replen­ ish the losses, and in addition, furnished laborers and other articles not considered of monetary value. On the whole, De la Guerra did not suffer for lack of material goods during this critical decade. Invoices in the "De la Guerra Documents" show that ships which did get through from P/Iexico often had con­ signments of goods for De la Guerra from Uncle Noriega and, needless to say, De la Guerra had a ready market

48 for all goods he received.

During this period, the

personal status of De la Guerra rose to a new high.

The

fact that he did not complete his mission in 1810 did not diminish his rising prestige.

After the death of

Arrillaga, in December of 1814, Jose Arguello became governor~ad‘ -interim until the arrival of Pablo de Sola. On assuming this new position, Arguello wrote to De la Guerra, who was at San Diego, to come to Santa Barbara to relieve him of command of that presidio.

Then, be~

fore Sola arrived, Arguello was appointed governor of Lower California which definitely left the commandancy vacant a-t Santa Barbara.

Before the end of 1815* De la

Guerra moved to Santa Barbara and from this date made his presence felt in the channel town to such an extent that his memory is still revered by Barbaranos. The next year was important in the life and career of De la Guerra, for not only was his family enlarged with the arrival of his third child, Maria de Ahguistas, but the new governor considered him captaincy timber.

Governor Sola placed him first of four men for

promotion to captaincy of the Santa Barbara Company. He said of De la Guerra, nthat besides his long service, his proper age, good health, ability and good disposition for the profession, entitled him to such promotion.”21

49 Standing high in the estimation of his immediate superior officer bore results.

In October, 1817* Juan Ruiz de

Apodaca, the viceroy, conferred provisional command of the Santa Barbara Company upon De la Guerra, and a year later King Perdinando VII issued the order which made De la Guerra a captain in command at Santa Barbara.

22

This new position of responsibility made De la Guerra cognizant of the destitute conditions which ex­ isted among the ranks and their families, and the great­ er portion of his correspondence of the last half of the decade relates to these deplorable conditions.

In

l8l6 De la Guerra asked Fray Ripoll to establish a cloth 23 factory because the soldiers had no clothing. Sola's letters of the period are in the same vein.

He wrote

to General Cruz In Tepic that l!his heart bleeds for the indigence and suffering of officers, men, and families to cover whose nakedness he had already given away nearly 24 all his own clothing." 21

Juan Apodaca to De la Guerra, Mexico, October 30, 1817* in Bowman, "De la Guerra Documents,".Sec. I, p. 90 ^

Bancroft, "De la Guerra Notes."

23 De la Guerra to Pray Ripoll, Santa Barbara, June _ 29* 1816, in "Provincial State Papers," MS xx, p. 108. 24 Governor Pablo Sola to General Cruz, Monterey, June 4, 1817* in "Provincial State Papers," MS xx, p. 148.

50

Conditions did not improve and, in 1819* Governor Sola gave vent to his feelings when the ships "Reina" and l!San Carlos" arrived with but slight relief, which was far below what Sola had been led to believe the vice­ roy was sending to him.

Sola went so far as to accuse

the viceroy of breaking his promises and General Cruz of failing to carry out the orders of his superior.

As

far as Sola was concerned, the only recourse now left to the colonists was to send an envoy directly

to the

capital to agitate for the interests of California; so, before his anger cooled, he penned a circular to be sent to all the presidios.

This circular, dated September 18,

1819, said: 5 So as to put an end to the needs which surround us for lack of supplies in this province under my command, I have resolved to send Captain D. Jose de la Guerra y Noriega to the city of Mexico to set them forth in word and writing to His Excel­ lency the Viceroy. This same letter stated that De la Guerra in earlier correspondence had acceded to this mission and was ready to go, although he thought he should be given 100 pesos monthly, twenty-five coming from each presidio, to help defray expenses of the trip.

This, sum was to be

5 Governor Pablo Sola to Commandants of all Pre­ sidios, Rancho de Real Hacienda, September 18, 1819* in De la Guerra, "Doc. Hist. Cal.," MS vi, pp. 182-85.

raised by equal contribution on the part of the 26 individual soldiers of each presidio. Also, writs

51

were requested of each presidio which would permit De la Guerra to act in behalf of the soldiers in demand­ ing supplies long overdue.

On the 23rd of the month,

Sola wrote a long list of instructions to De la Guerra, his main point being that he should not allow anything to detain him in Guadalajara, where apparently the pres­ ent habilitado general of the Californias had been side­ tracked, but rather should proceed with all dispatch to Mexico City and there in person and writing present the petition of the governor, officers and troops to the viceroy.

To care for the immediate situation,

150,000 to 200,000 dollars was needed, and half of this amount was to be invested immediately in supplies most needed according to his (De la Guerra's) judgment.

27

De la Guerra sent a roster of his troops to Sola, delivered the command of Santa Barbara to Gabriel Moraga,

Jose Estudillo to De la Guerra, San Diego, January 3* 1821, in De la Guerra, "Doc, Hist. Cal.," MS iv, pp. 83-84. When De la Guerra returned he refused to accept this money which was due him from the troops. Captain Estudillo wrote him a letter of thanks on behalf of his men. 27 Governor Pablo Sola to De la Guerra, Monterey, September 23, 1819, in De la Guerra, "Doc. Hist. Cal.," MS vi, pp. 186-91.

52 and prepared to depart on the frigate "La Reyna de Los Angeles1' under the command of Jose Bandini.

Before the

end of September, De la Guerra had received the power of attorney to act on behalf of the California troops; and, on the 9th of October, Sola sent his passport with one for his son Cadet Don Jose de la Guerra y Carrillo.



On the seventh or eighth of November, the "Reyna de Los Angeles" sailed from San Pedro with the special envoy and his son.

Their passage was safe and swift,

for by the twenty-sixth of the same month De la Guerra was writing from San Bias to the viceroy in Mexico City. He requested an order from the viceroy to Colonel Ormaechea, late acting habilitado general of California, to deliver to him all books, papers and accounts of his office.

On January 12, 1820, the viceroy replied to

De la Guerra’s letter.

He informed him that he was for­

warding 30,000 dollars to the habilitado general at Guadalajara to be used for California supplies and that he had informed Sola that he was doing as much for California as the present condition of the treasury would permit.

The viceroy also stated that if he had

28 „ .Governor Pablo Sola to De la Guerra, Rancho del Habilitacion, October 9> 1819, in Bowman, "De la Guerra Documents," Sec. II, p. 318.

53 no further business in Mexico he could return to his post on the ,fSan Carlos."

on

De la Guerra had orders from Sola to go to Mexico City and present his petition to the viceroy in person so, on receipt of the letter of January 12th, he decided he had further business in Mexico.

He made the arduous

journey to the capital and there told the viceroy of the plight of the Californians and the criticial condi­ tion the province was in at the present moment.

He un­

doubtedly told the viceroy his opinion regarding the establishment of the habilitado general’s office at Guadalajara, where prices for goods were much higher than in Mexico City.

De la Guerra further let the vice­

roy know that the government was in arrears in the pay30 ment of all officers, including himself. The viceroy told De la Guerra that the government had good reasons for placing the funds of the Californias in Guadalajara.

De la Guerra was also informed that

orders were issued to hand him two months pay for trav­ eling expenses back to California and one thousand dol­ lars on account of back pay owed him. 29

He was unsuccessful

El Conde del Venadrito, viceroy, to De la Guerra, Mexico City, January 12, 1820, in De la Guerra, "Doc. Hist. Cal.," MS iv, p. 164. 30 De la Guerra to Viceroy, Mexico City, March, 1820 in De la Guerra, "Doc. Hist., Cal.," MS iii, pp. 152-55.

54 in obtaining any of the back pay due Governor Sola.

He

then was referred to the habilitado general of the Californias at Guadalajara. 31 De la Guerra, by his journey to the capital, did succeed in getting a few more thousand dollars appropri­ ated for desperately-needed supplies, but the final grant of 41,319 dollars, valued at 34,000 to 36,000 dollars in California, was far below the immediate request of Sola for at least 150,000 dollars.

Further, De la Guerra

was given permission to spend a portion of this amount for goods in Mexico City where they could be purchased more reasonably than in Guadalajara.

De la Guerra re­

turned to Guadalajara still desiring to review the presidial accounts, but, on April 15th, the viceroy informed him by letter that he was not the habilitado general of the Californias, and did not have the right to check the accounts.

Colonel Ormaechea, the habilitado general,

had been requested, however, to turn over such accounts to the ministers of the general treasury, to whom he, De la Guerra, might apply for same.

In this same letter,

the passports for the return trip to California for De la 32 Guerra and his son arrived.

^

Bancroft, uDe la Guerra Notes.11

55 During his stay in Mexico, De la Guerra -received many letters, most of which probably never reached him until he returned home.

Most of these letters requested

small favors in Mexico or told of a hoped-for success of his venture to alleviate the woeful conditions.

Some

of the letters informed De la Guerra that Governor Sola had said on numerous occasions that he was going to re­ sign, and that while he was in Mexico City he should avail himself of the opportunity to gain the appointment 33 of governor. One letter from Governor Sola, if it reached him, undoubtedly elevated the spirits of De la Guerra and made him anxious to return home.

It told the good news

of the birth of his fourth offspring, Pablo Andres Antonio Maria Saturnino, who was born at Santa Barbara in December of 1819*

The son was named after Pablo de

Sola, but the governor was unable to be present at the baptism nor was his proxy, Gabriel Moraga.

Nevertheless,

Governor Sola still considered himself the god-father and stated he would do all he could for the god-child and 34 ' his parents. 33

Jose Estudillo to De la Guerra, San Diego, March 30* 1820, in De la Guerra, "Doc. Hist. Cal.,” MS iv, pp. 461-62. 34 Governor Pablo Sola.to De la Guerra, Monterey,

56 The brig ffSan Carlos'* was commissioned to haul the supplies and De la Guerra to California, but before it could proceed it had to be overhauled.

In the mean­

time, De la Guerra was busy getting the invoices filled. By June, all was in readiness and they sailed for Cal­ ifornia, arriving at Santa Barbara on August 8, 1820. By the twenty-fifth of the month, the f,San Carlos" was at Monterey and the governor informed the inhabit­ ants that De la Guerra had returned with goods valued at 36,000 dollars. 5 Many people were disappointed, for they had hoped that De la Guerra would perform the impossible.

The

goal of 150,000 dollars in supplies requested by Gover­ nor Sola was not obtained, but under the circumstances De la Guerra was probably fortunate in obtaining as much as he did.

The whole Spanish empire was on the verge of

breaking with the mother country.

Conditions were not

only deplorable in California, but even in Mexico itself, marauding bands of insurgents were making it increasingly difficult to maintain the status quo.

Money.which should

have gone to outposts for security and supply of necessity had to be diverted for defensive measures in Mexico.

As

February 5> 1820, in Bowman, "De la Guerra Documents,*’ Sec. II, p. 326. ^

Bancroft, History of California, II, p. 262.

51

a result, we can not be too critical of De la Guerra. His mission was termed a failure by many who thought he would return with all the requested supplies, and an appointment as governor, or at least as habilitado gen36 eral of the Californias. When he returned with only a portion of the supplies, to say the least, some were bitter in their disappointment.

When we understand the

immensity of the obstacles faced by De la Guerra, we more fully appreciate the measure of success that he gained for the destitute citizenry of California.

That

he failed in getting all of the 150,000 to 200,000 dol­ lars worth of supplies as requested by Sola is true, but under the existing conditions it is doubtful if any one else could have done as much as he had accom­ plished for California.

Bancroft, "De la Guerra Not^s."

CHAPTER I I I

DEFENSOR* 11If your men are anxioustto fight, I can assure you that mine are desperate to meet them.” De la Guerra Between his two missions to Mexico, De la Guerra was active in defense of California against insurrection­ ary forces from the south.

The year of 1818 was riot

only memorable to De la Guerra and the other Californians who witnessed the landing of privateers from Buenos Aires, but it was unique in the annals of California history be­ cause this was the only invasion of California shores prior to the arrival of Commodore Jones at Monterey, in ©1842.

In order to better understand this action-packed

year, it is necessary to review the years prior to 1818 to see what caused such an invasion, and to discover whether the Californians anticipated such an attack upon their shores. One of the last Spanish possessions in the new world to display any tendencies toward separation from Spain was the extreme outpost— California.

One would

think the Californians would have been the first to

Defender.

59 kick over the traces, for they had received the least attention of any of the Spanish colonies.

In order to

exist, they had been forced to rely more and more upon their own ingenuity, and correspondingly less upon the supply ships from San Bias.

The colonists were, how-

ever, part and parcel of the great system of subjuga­ tion:

a system which not only demanded loyalty to the

crown, even to the extent of suffering and privations, but which in turn had them subjugating the native Ind­ ians for the royal cause.

The entire missionary system

depended upon the sword,* and the carriers of the sword, as well as of the cross, knew no other way. The Californians were far from the center of civilization, and they received only intermittent let­ ters and reports of the revolutions against the estab­ lished monarchies of Europe.

In most instances, this

correspondence was with the officials and padres who had no desire to see a change in the established sys­ tem.

On the contrary, when Ferdinand was imprisoned

by Napoleonic forces, they were zealous in raising con­ tributions among the Californians to be sent to aid in the release and re-enthronement of their king.

It was

a most joyous day in California on October 10, 1814, when news was received of the return of Ferdinand to

60

Spain.

The mission bells tolled and mass was said on

this most festive occasion.

In all, letters from home,

entreaties from the exiled monarch, and newspaper clip­ pings had the desired effect of keeping the handful of padres and ruling officials in California loyal to the royal standard. One of the most loyal servants of the King of Spain was De la Guerra, who not only contributed heavily to the war chest, but was ever ready to defend California in the interest of his sovereign.1

When he assumed com­

mand at Santa Barbara on June 17s 1815* De la Guerra

j

found himself at the head of a presidial company of

1

sixty-six men, excluding officers, and with thirty-one to twenty-seven on the invalid lists.

Of the remaining

able-bodied soldiers about twenty-five were doing active escolta (guard) duty at the missions in the vicinity. This left at the presidio an active force of from ten to fourteen men.

The white population under his juris-

diction to be defended against attack by his small

1 Jose Carrillo to De la Guerra, Mexico, April 19, 1809, in Bowman, "De la Guerra Documents," II, p. 72. In this letter dated 19 April 1809, Jose Carrillo wrote from Mexico to his cousin De la Guerra stating he had acted on his behalf and took care of his contribution of 200 pesos "for the defense of his country, religion, and beloved King Fernando Francisco."

/ I

6l

force consisted of about 1,355 persons who were scattered from the mission San Gabriel in the south to San Luis 2 Obispo in the north. In January of l8l6, but six months after De la Guerra took command, occurred an incident fraught with danger.

It gave De la Guerra the opportunity to see how

difficult it would be to defend his garrison against any large, well-armed force which might strike from land, but more probably from the sea.

This menace came from

the sea, when Ortega, one of De la Guerra's sergeants at Rancho Refugio noticed one morning at ten o'clock, ,!a bundle of some kind11 that had all the appearance of a barque, but poor visibility caused by the fog left some doubt.

A dispatch was sent to De la Guerra in which 3 Ortega stated: As I think it is a barque, I am of the opinion that you should send someone very quietly, who­ ever you think the right person, either the alferez or the sergeant, and the troop should remain some distance away, so that they will not be seen. If they should come in-^land, then we could do some­ thing. You can do as you think best. De la Guerra, who knew the new governor Sola had administered a sharp rebuke to Commandant Luis Arguello p 3

Bancroft, History of California, II, p. 361.

Jose Ortega to De la Guerra, Rancho Refugio, January 30> l8l6, in Bowman, nDe la Guerra Documents,!t I, pp. 80-81.

at San Francisco for dealing in contraband trade, de­ cided he would not find similar disfavor with the gov­ ernor.

Rather, he thought it best to make his appear­

ance at Refugio, and, with the aid of Carlos Carrillo and Santiago Arguello, he was successful in capturing the captains of the "Lydia" and the "Albatross" and part of their crews as they beached their shore boats.

These

two American vessels had sailed into Santa Barbara wat­ ers from Sitka, apparently to elicit contraband trade, which they had hoped to accomplish under the guise of replenishing depleted provisions. The "Lydia" was not armed and it was not diffi­ cult to take possession, but the "Albatross" refused to surrender and sailed away under a promise to return in eight days to learn the fate of her commander, Cap­ tain Smith.

The "Lydia" was then sailed to Santa Bar­

bara, for it was feared the winds off Point Refugio would cause her to break up on the rocks.

De la Guerra

and his men returned to Santa Barbara, very proud of their capture, and it was hot long before he received praise from Fray Jose Amoros of the San Carlos Mission, who wrote:

"I see you made yourself very proud with a

schooner and Captain.

4

It is a pity you did not accept

Bancroft, op. cit., II, p. 275*

63 the frigate.

I believe it must have been for lack of 5 persons to manage it." Few provisions, loss of commander, passport, and part of the crew was what De la Guerra hoped would cause the eventual reappearance of the "Albatross."

In the

meantime, Henry Gyzelaar, Captain of the "Lydia," and William Smith, the other captain, who were captives, were taken with their nineteen seamen to confinement in the Presidio Santa Barbara.

Calling upon the padres

once again for additional supplies, this time for the care of the captives, De la Guerra received a ready response, and Fray Payeras of Purisima said:

6

. . . everything that is asked of us will be placed in your hands from the missions under your Jurisdiction . . . as you know the truth of the conditions, you can tell me how much said prisoners consume, how much they need of medicine, of meat, seeds, soap and the manu­ factures that these missions can make? In my determination it will be done and promptly executed. The captains and the men were afforded every hospital­ ity, as further attested to by Payeras who " . . .

saw

Fray Jose Amoros to De la Guerra, Mission San Carlos, February 5, 1816, In Bowman, "De la Guerra Documents," II, p. 116.

6

Fray Mariano Payeras to De la Guerra, Mission Purisima, March 7, l8 l6 , in Bowman, op. cit., II, pp. 122-23.

64 with grief the sacrifices made by the troops and the old people, since the Americans have been captured." Gyzelaar was treated so well that he was to show his gratitude at a later date. Claim was made by Gyzelaar and his men that they knew nothing of illegality of trade on the Calif­ ornia coast and only stopped because food and water were exhausted.

The destination of the "Lydia," ac­

cording to Gyzelaar, was the China Seas.

The partial

investigation at Santa Barbara ended when De la Guerra received orders to release the "Lydia" and crew for trial in Monterey.

Padre Martinez advised that Gyzelaar

be given command of the boat on agreement that he sail her to the seat of California government, Monterey. Governor Sola was frantic, however, for he feared the "Lydia" would never reach her destined port, but the captain was honest and, under the guard of Carrillo and 7 six soldiers, kept his promise.r At Monterey, investigation was conducted by Estudillo and, as no evidence was uncovered which would prove the intention was smuggling, the “Lydia" was re­ leased under the instructions of Sola. 7

Bancroft, op. cit., II, p. 276.

With the release

65 De la Guerra was given specific directions to follow in cases of a similar nature.

If any foreign boat should

land because of lack of provisions, "the documents must be inspected with great care.

If they lack provisions

they must say so, not allowing anyone to land, neither to fish in our waters.”8

Furthermore, a report was to

be made directly to Sola. By March 11, the "Lydia” was able to depart for the south to pick up provisions, but: because of poor construction, the boat was unable to bring to De la Guerra the lumber he desired from Monterey.

Gyzelaar,

however, brought Sergeant Carlos Carrillo with the six soldiers who accompanied him north.

A similar plea to

that of Gyzelaarfs was made by Smith of the "Albatross,’? and, because of his advanced age and earnest supplica­ tion, he was released to sail on the "Lydia," which departed from Santa Barbara on March 15, l8l6.^ It was not Gyzelaar and other American merchants, or even the American Navy, that was to prove vexatious to the Californians prior to 1820.

Rather, it was the

revolutionary movement instigated by the Spanish Amer­ ican patriots of the extreme southern colonies, who 8 Pablo ‘Yicente Sola to De la Guerra, Monterey, March 9, l8l6, in Bowman, op. cit., II, pp. 123-24. ^ Bancroft, op. cit., II, p. 276.

66

fought bitterly the return of Spanish control with what patriotic forces and ships they could muster.

It was

the revolutionary flames ignited by these patriots of the Rio de la Plata area that were to envelop even the outpost California in the last month of 1818. Buenos Aires not only raised the standard of revolt, but, under the great Irish-Argentinian naval hero William Brown, and the Frenchman Hippolyte Bouchard, carried their standard into the Pacific.

It was in the

closing months of 1815 that these expeditions were sent to the Pacific in conformity with the preparations of San Martin to cross the Andes to Chile.

Their primary

purpose was to establish a blockade of Chile and Peru, gather news of troop movements and distribute propaganda wherever possible.

This purpose they were permitted to

disregard should any Spanish force be sent from Panama or other Isthmian ports to reinforce Lima.

With their

orders and three vessels remaining at their command— the fourth, the "Constitucion" having been lost round­ ing the Horn— they sailed into the Pacific in the clos­ ing weeks of the year and for several months harassed k 10 the royalists off the west coast df South America.

Lewis Winkler Bealer, "The Privateers of Buenos Aires, 1815-1821: Their Activities in the

67 Repercussions of their activities were felt as far north as California, for, before summer De la Guerra received a letter from Lima dated April 20, l8l6, which told

of the Corsarios (or privateers) depredations on

high

seas, and stated that, because of their raids, "no

one dared to make an expedition on the water."

the

This bit

of news from Cavencia, a tallow merchant, was further highlighted by the statement:

T!0n this account I have 11

not been able to send any of my vessels to your coast.11 Fray Fereida, on a visit to San Vicente from San Thomas, wrote that news had been received by Governor Sola from the Governor of Mazatlan that " . . .

a squad­

ron of five frigates and a brigantine left Lima in com­ mand

of traitors, and we hear with true foundations

that

they will appear in this country, God help us. A message dispatched from Sola to the commandants

and missions was executed with such dispatch that at the

Hispanic American Wars of Independence,n unpublished Doctor's dissertation, The University of California, Berkeley, California, 1935> PP« 119-31• 11

Jose Cavencia to De la Guerra, Lima, Peru, April 20, 1816, in Bowman, op. cit., I, p. 8l. 12 Fray Josef Pereida to De la Guerra, Mission San Vicente, June 16, 1816 , in Bowman, op. cit., II, pp. 134-35.

68

end of seven days every padre had received the message and returned a pledge of his loyalty in the impending crisis.

Sola asked for a sharp lookout to be kept; for

cartridges to be made at the expense of the archives, if necessary; and for men of the artillery militia com­ pany to be called to the presidios to be instructed, as California must be defended to the last drop of blood.

The missions were to furnish Indian vaqueros

and archers; the valuable property was to be concealed 1*3

and cattle were to be driven into the interior. J Immediately, De la Guerra asked the padres for the archers and vaqueros and had a very interesting re­ sponse from Fray Uria of the Mission Santa Ynez who was 14 in the midst of building a new church; Now for the proposition; I will say who in the devil would know which are good for arms and how many will be ill. For I say at an alarm they would all go, they are very careless here and they may not have twenty bows in the mission. In re­ gard to bows ans arrows, I can truly say, I asked how many were dead of these and they pointed out two old ones. They told me they brought them from other places and 'to make the arrows they had to go to the Tulares for the cane. For this I called one from there and I told him to get three 18

Bancroft, op. cit., II, pp. 211-12.

^ Pray Francisco Uria to De la Guerra, Mission Santa Ynez, July 8, l8l6, in Bowman, ”De la Guerra Docu­ ments,” II, pp. 142-43.

69 others for that work. He never told them any­ thing and this morning we found he had escaped. It is several years since I had anyone escape. I will contribute with three good Russian rifles in good condition, another one has a defect in the screw and the case rather old . . . I think I offer enough in recompense for the lack of bows and arrows. From Purisima, Fray Mariano wrote that in spite of all the padres who would not allow him to express himself he was sending "the cannon with all the appliances^ and the arrows...15

Further support came from Fray Uria who 16 told De la Guerra: Do not think I am a coward, I only control myself on such occasions and not to prove my­ self such, when we had a mass Tuesday in honor of the Holy Trinity, I preached and exhorted them, both the soldiers and the Indians. They all attended and I told them all to have the bows and arrows in order, so that when I would tell them, 'Let us go and fight,1 they would be ready. Fortunately, it was not necessary for De la Guerra to call for the services of Uria, as the insurgents never reached the coast of California in I6l6.

The

anxieties and fears of the Californians were allayed when the Corsarios failed to arrive by mid-summer, and, 15

Fray Mariano Payeras to De la Guerra, Mission Purisima, July 10, I8l6, in Bowman, op. cit., II, pp. 145-46. 16 Fray Francisco Uria to De la Guerra, Mission Santa Ynez, July 11, l8l6, ibid., II, pp. 146-47*

70 on August 26, De la Guerra received word from Sola to send the militia home. 17 When the insurgents failed to arrive in California, the families returned to their homes, the Indian vaqueros to their missions, and conditions in general reverted to normal.

The threat of invasion, however, was still upper­

most in the mind of the governor of Alta California, for as the new year dawned, he made a report to the viceroy in which he deplored the inadequate means at his disposal to defend California.

He pointed out that he had an

insufficient number of soldiers even to defend the mis­ sions against Indian attacks, let alone to engage a for­ eign foe adequately armed with weapons more deadly than bows and arrows.

Munitions were lacking, guns were de­

fective, and the artillerymen were unskilled and disabled. To defend the province against a foreign foe, a new force of infantry and artillery supplied with adequate weapons and munitions was absolutely essential.

He

further believed that an armed vessel to act as a cruiser and transport along the California coast was equally in­ dispensable.

In case of attack, the Indians could not

be counted upon, for their allegiance could easily be

17

Bancroft, op. cit., II, p. 212, footnote.

71 purchased with beads.

Yet in spite of all the inade­

quacies which existed., Sola stated that Spain could ill afford to abandon the province, for it was, to say noth­ ing of its intrinsic value and great spiritual field for conquest, an important commercial barrier which kept the scheming Russians and English from interfer18 ing in the trade of New Spain. The governor’s letter, with its frank admission of existing inadequacies in California’s defensive armor, fell on deaf ears, probably not because of disinterest but, rather, because Mexico was still having some trouble with insurgents within her own borders.

The year of

1817 was a bleak year for Californians, for it not only failed to bring badly-needed supplies but it likewise failed to bring troops and munitions.

Fortunately, it also failed to bring invasion by a foreign foe. 19 The year of 1817 was, indeed, the proverbial calm before the storm.

One issue of the Gaceta de Mexico,

which told of certain victories of government troops, was widely circulated in California among the friars. n o

Bancroft, op. cit., II, pp. 214-15. In October of 1816, the "San Carlos1’ brought munitions in a badly damaged state. See chapter 2.

72

It acted as oil upon the waters, allayed their fears, and caused only comfort.

The prefecto (head of missions)

stated that this peace existed because of the efforts of the friars and the government forces who had remained true to the king.

Apparently the impression in California

in 1817 was that the rebellion was about to smolder and die.

20

The arrival of the brig "Clarion11 at Santa Barbara, on October 6, l8l8, under the command of Captain Henry Gyzelaar ended the calm and sent the Californians into a flurry of activity as they once again prepared to de­ fend their land from attack.

Don Enrique Gyzelaar had

a very somber message to deliver.

He had just arrived

from the Sandwich Islands where but twenty-six days ago, on September 10th, he had seen two insurgent frigates, one of thirty-four cannons and the other of eighteen or twenty, being readied for an assault upon the coast of California. men.

They were loaded with two hundred and fifty

He delivered his message to De la Guerra and there­

by returned all the kindness which had been showered upon him while he was interned for investigation regarding contraband trade on the coast in l8l6. 20 Pi

21

Bancroft, op. cit., II, p. 219. Maria de las Angustias de la Guerra Ord, in

73 De la Guerra immediately dispatched a rider post haste to Monterey with the warning for Governor Sola, and then turned his attention to preparations for de­ fense of his small garrison and their families.

In the

afternoon, he issued an order that at eight o'clock that evening when roll was called all the people of Santa Barbara should be present.

At the appointed hour he

delivered the warning message which he had received, to his troops and their families.

He then added:

"Those

who wish to take their families out to the missions or the town of Los Angeles can begin to do so Monday, be­ cause from now on should the insurgents arrive here there will be no safety for son, mother, or woman worthwhile."

22

At the conclusion of his message, De la Guerra

appointed lookout men whose duty it was to patrol along the shore and to report at once the appearance of any craft.

The next morning, De la Guerra sent a circular

"Occurrencias," MS, 1, says: "During his detention he lived in the house of my father who treated him very well and for this reason he had great regard for him. So that when he learned what was being prepared he quickly came to California and thus gave to my father who was his best friend the news with anticipation so that prepara­ tions could be made against the Invaders." 22

Hafael Gonzalez, "Experencias de un Soldado de California," MS, 7-

74 letter to the missions to the south which were under his protection and asked that the necessary precautions be taken. On the following day, which was the eighth, Sola received the correo volador (swift courier) from De la Guerra with the warning message.

At once the governor

penned a message to the commandants of presidios in which he gave detailed instructions of what measures were to be taken to defend the province, inhabitants, and mater­ ial wealth.

First the

jewels of silver and gold, sacred

vessels and vestments of the church not excepting f,the most precious that is used in celebrating mass” were to be packed in boxes and dispatched to the interior.

All

women and children were to be assembled foh retirement at a moment's notice, to points already indicated.

Live­

stock, including calves, goats and sheep were to be driven to the interior by mission herdsmen as soon as ships were sighted off the coast.

All men classified

as able-bodied, and invalids of the company located in the villages, with whatever horses and weapons they had, were to be joined to the presidial company without a moment's .loss.

At Santa Barbara, the people belonging

to the presidio and living on ranches were "at the dis­ position of the commander, who will distribute them in

75 the places he deems most convenient.”

It was to be un­

derstood that the village of La Reina de Los Angeles was under the jurisdiction of the Santa Barbara com­ mander.^ These able-bodied men were to be located along the coast at convenient places with the necessary weap­ ons.

As soon as a ship was sighted, a flying party

under the command of an officer was to be sent to the spot.

This party was to have along six herdsmen to

care for the animals so they would not interfere with the troops.

Prom the presidios, two-thirds of the ex­

isting powder and shot was to be taken to previouslyindicated points, with the exception of the artillery ammunition.

For the artillery, ball and grape shot

were to be added to their positions, and spikes made to place them out of commission in case of a forced retreat.

Sola asked also for the commanders to estab­

lish double watches wherever they thought necessary. A watch was to consist of a gente

r.azon (or non-Indian!

and two Indians all. astride §ood mounts whose duty it was to give rapid notice of the arrival of the enemy. 23

24

Governor Pablo Sola to Commandants of Presidios, Monterey, October 8 , 1808, in "Provincial State Papers," MS, xx, pp. 243-50. pii Ibid., pp. 243-50.

76 Prom the missions were to come Indians with bows and arrows.

If notified, the friars would supply the

Indians, while on military duty, with necessary food. The coast was divided into sectors, and each sector had horsemen prepared to speed with the warning to the ad­ joining sector, and in this manner the message would be relayed from/one end of the province to the other. Sola further warned in his letter that the enemy might be flying an American or European flag and would possibly ask to be provisioned without declaring its evil intent. To prevent such a surprise, the commanders were warned by Sola to permit only the captain or an official to land, and only on the beach where he was to be received personally by the commander.

Sola said:

25

. . . unless he presents documents or papers accrediting his ships as friendly to our nation, or if he comes with falsified papers, not only will, you refuse him their requested aid, but on orders you will also forbid all communication, ordering them to retire toother points outside this province, and if needful, each of the com­ manders will use the force necessary to make himself respected. It was the further duty of each commander to see that his charges had provisions and to keep an exact 25

Governor Pablo Sola to Commandants of Pre­ sidios, Monterey, October 8 , 1808, in "Provincial State Papers," MS, xx, pp. 243-50.

77 account of the food consumed by the residents and in­ valids.

An inventory was to be made of firearms and

swords of the residents so that they, with the presidial weapons, could be distributed among the more able who were to be mounted on good horses.

In order to have the

best men possible mounted and in the presidios, only the old retired soldiers were to garrison the missions.

In

case of hostilities, prisoners were to be released and placed in positions of usefulness.

In case of Sola's

death, he stipulated that the company captain of Santa Barbara, De la Guerra, would succeed him to command. In closing Sola asked each to "take advantage of his talents of love for the king to carry out his duties with the honor befitting us. tt26 De la Guerra, on the eleventh, passed on the governor's message to the missions in his jurisdiction. He asked the reverend fathers of San Buenaventura to remove their sacred vessels and vestments to the San Fernando Mission where they were to be hidden, leaving out only the essentials to be used for mass.

He asked

for mission Indians to help retire the families of the troops as they could be useful in gathering wood and

Governor Pablo Sola to Commandants of Pre­ sidios, Monterey, October 8 , 1808, ibid., xx, pp. 243250 .

78 water.

All the tamed horses were to be kept In the

vicinity of the missions while cattle and sheep were to be retired from the coast as far as possible.

He

then requested ten or twelve herdsmen, for the present, with riding gear and horses, to be followed by all available bowmen with their bows.

These herdsmen and

bowmen were to be supplied from the missions with the necessary rations in compliance with the governor’s request.

In closing his letter, De la Guerra solicited

and charged the reverend fathers to observe these orders so far as possible and to dispatch the herdsmen as quickly as possible.

He also asked the fathers to sign

the order and return it for his files. and added:

They signed it

"Everything possible will be done gladly."

27

A week after receipt of orders from his superior, De la Guerra wrote a long letter to his chief and re­ ported how his order of the eighth was being fulfilled. De la Guerra said that forty mounted Indians were pres­ ent in the vicinity of Santa Barbara and about one hund­ red bowmen were to be ready soon, "all prepared to obey my orders in case of necessity."

The reverend fathers

were heeding his order and all kinds of mission goods were being removed to the interior for safe keeping. ^

De l a

G u e rra to

R e v e re n d F a t h e r s

o f M is s io n s

79 Eighty gente de razon, including the artillery, were all that he could muster and they would remain on the alert until they received orders to the contrary.

Likewise,

the Indians would remain at their posts until relieved by order of Sola.

De la Guerra said the ranchers, who

were few enough, remained in their homes, and he was unable to lay hands on them to have them help conduct the mails.

De la Guerra referred to Los Angeles as Mthe

village," and said that he didn’t think it wise to bring anyone "from the village because they are all busy -with their catches and gathering the vintage."

Also, they

were charged with garrisoning the port of San Pedro where the enemy might appear. ^ De la Guerra, in the same letter to Sola, spoke of the bad state of the artillery, since the best of the field pieces wouldn’t stand two shots and his artillery­ men were few in number.

His lack of confidence in his

artillery was more than made up for by his reliance on his cavalry and infantry.

His faith in the latter two

branches was so great that he was able to pen to Sola:

29

San Buenaventura and San Fernando, October 11, l8l8, in De la Guerra, "Doc. Hist. Cal.," MS, iii, pp. 135-37. 28 De la Guerra to Governor Pablo Sola, Santa Barbara, October 16, l8l8 , in De la Guerra, op. cit., pp. 110-13. 29 Ibid. , pp.- 110-13-

80

With the aid of the Lord of Battles I think I can completely destroy any scoundrels who may have the temerity to set foot on this soil; and with this intelligence, and the assurance that all your provisions are fully carried out so far as the circumstances permit, you may live in com­ plete tranquility, giving me such orders as you may think opportune. As the Indian archers rode in from the missions, De la Guerra received word from Sola to put the artil­ lery militia in active service and to place them on the pay roll as of October 11th.

The efforts of the friars

were particularly heartening to the military officials, as they received reports of preparations which were being made to defend the missions if necessary.

Padre

Martinez, after precautionary measures were taken, was even ready to burn the mission if need be rather than permit it to fall into the hands of the enemy.• At the end of a month, when enemy vessels failed to appear, Sola wondered whether it had been a false alarm, just as the anticipated attack in 1816 had never materialized.

It was getting late in the season, so

instructions were Issued by Sola to De la Guerra, and probably to the other commandants, to send their civil­ ians home to care for their crops and domestic affairs. In this letter of November 12th, Sola advised that 30

B a n c ro ft,

op.

c it.,

II,

p.

224,

fo o tn o te .

81 retirement of civilians did not mean relaxing of vigi­ lance by the commandants and their respective forces. Also, the fathers should be approached to see if they would provide herdsmen, and he still wanted to be notified of any new occurrence at sea. 81 Evidently Sola wrote another letter at this time which must have been very insulting, for De la Guerra’s daughter, Mrs. Ord, said, 11The boats delayed arriving about a month or more, and Senor Sola wrote a very insulting letter to my father accusing him saying that he let himself be carried away by stories.182 De la Guerra complied with the request of his superior, but as nothing definite had been said about the retirement of the auxiliary Indian forces of the archers, he was anxious to know what should be done. In asking for advice of Sola, he wanted him to take into account the exposed position which he had to de­ fend and the limited number of regular soldiers with whom he had to defend it.

He suggested that Sola ask

31 Governor Pablo Sola to Commandants of Santa Barbara and San Diego, in "Provincial State Papers," MS, xx, pp. 230-31. 32 Anguistas De la Guerra Ord, op. cit., p. 1 .

82 the reverend father prefect to leave the auxiliary troops in the presidios, so they would not be scattered again and so they could help, as they were doing, with the 33 night watches. On the same day that De la Guerra wrote the above letter to Sola asking for further instructions, and Sola had almost ceased to fear the arrival of ships from the Sandwich Islands, a sentinel reported two vessels off Point Pinos, approaching Monterey.

Sola at once posted

his men at the shore battery under alfereces Manuel Gomez and Jose Estrada, and sent the families to the interior.

The two ships approached and by 11:00 P.M.

that night, the smaller of the two anchored near shore while the other remained farther out in the bay.

The

boat near shore was hailed and the proper credentials were requested.

From the boat came the answer that

Spanish was not understood and that all necessary form34 alities would be attended to in the morning. At dawn, however, the smaller of the two ships, instead of observing their promise of the previous night,

33 ^ De la Guerra to Governor Pablo Sola, Santa Barbara, November 20, l8l8 , in De la Guerra, "Doc. Hist. Cal.,n MS, iii, pp. 115-16. 34 B a n c ro ft,

op.

c it.,

II,

p.

227.

83 opened fire on the shore battery.-

By the light of that

dawn the soldiers of the king of Spain could see their enemy as they prepared to reply with a salvo from their own six and eight pounders.

Their targets floating on

the waves before them were the "Argentina," better known to Californians as the "frigate negra," and the "Santa Rosa Libertad," which they called the "frigata chica." The admonition of Captain Henry Gyzelaar had been true, for these two ships— the smaller of which was sending ball and grape shot into the shore battery— were the two which he had seen making preparations for such an attack while in the Islands.

The "Argentina" of 677

tons burthern carried thirty-four heavy guns, and was under the command of Captain Hippolyte Bouchard. 35 Bouchard had sailed in the "Argentina," with four hundred fifty men, of which one hundred fifty were soldiers, in October of 1817*

They sailed for Java and

the Philippines to capture prizes.

On the 21st of May,

l8l8 , they headed for the China coast which they hoped 35

Bancroft says the "Argentina" had thirty-eight heavy guns and two light howitzers. I have taken thirtyfour to be correct from the work of Lewis W. Bealer, "Bouchard in the Islands of the Pacific," Pacific Hist­ orical Review, IV, 328-42, 1935* Bealer had access to the works of the Argentinian historian, Anjel Carranza, who in turn based his works on letters and documents of Bouchard.

to plunder, but contrary winds held them back and, as a result, Bouchard decided to head toward the Sandwich Islands.

On the 17th of August they sighted the Islands

In port they found the "Santa Rosa de Chacabuco," which also had been outfitted in La Plata as a privateer, hav­ ing sailed from there in May of 1817-

Her crew, however

mutinied two months later off the Chilean coast and then followed a career of piracy off Peru and Ecuador.

The

mutineers reached the Islands in April of l8l8 , and sold the vessel to one of the Island chie,ftains.

Bouchard

at once took over for the United Provinces of the Rio de la Plata.

He rounded up the mutineers and executed

most of them.

He bargained for the "Santa Rosa" with

the chief and signed on many of his tribesmen.

Then

Bouchard seems to have evolved the idea of descending upon California to harry the Spaniards and, if possible revolutionize the province.

When they left the islands,

the "Argentina" had a crew of two hundred sixty men, fifty of whom were islanders, while the remainder were mixed.

The "Santg. Rosa" with eighteen guns had a "com­

plement of 100 men, thirty of whom were Sandwich Island­ ers, the remainder being composed of Americans, Span­ iards, Portuguese, Creoles, Negroes, Manila men, Malays ,,36 and a few Englishmen.

Sola had forty available men to stand off the attacking force of 36O men.

In the artillery duel which

commenced at dawn, the Californians under Gomez gave a good account of themselves. They kept up a constant, effective fire and, after two hours of stubborn fighting, they forced the "Santa Rosa" to lower her flag.

Accord­

ing to the official report made by Sola, the enemy suf­ fered casualties and removed them to the "Argentina." When the flag was lowered, the shore battery then de­ manded that the commander be sent ashore, but the reply was that he had gone to the other boat.

Sola then said

that they would resume fire upon the frigate unless some responsible person was sent ashore.

Whereupon, a shore

boat, with an officer and two sailors, was rowed ashore, but all Sola could get from the men was excuses and lies, so he

hadthem placed in the guard house. At

this juncture, Sola had to focus his attention

upon the larger frigate "Argentina" which sailed into the bay and anchored just out of reach of the battery guns.

An officer then came ashore under a flag of truce

and presented Sola with Bouchard's formal demand for surrender of the province.

Of course, Sola refused to

Bealer, "Bouchard in the Islands of the Pacific Historical Review, IV, 329, 1935-

Pacific,

86

accede to the wishes of Bouchard and said that "while there was a man alive in the province he could not suc­ ceed in his plan, ^since all were faithful servants of the king and would shed the last drop of blood in his 37 service.” Things continued in a stalemate for the remainder of that day and night.

The next morning the

"Argentina” drew near the shore battery and from its decks were launched nine small shore boats, four of which carried small cannons, which headed toward Point Potreros.

Sola saw the intention of the enemy and im­

mediately dispatched Alferez Estrada with twenty-five men to prevent the beach-head.

When Sola saw that it

was impossible for Estrada and his small force to stop so many, he had one small cannon placed on a cart and sent to the interior, ordered Estrada to retreat to the battery, to spike the guns and fall back to the presidio. Slight resistance was made at the presidio, but when Sola saw how completely out-numbered they were he issued orders to burn the powder, spike the guns, and retreat oQ to Rancho del Hey, where Salinas now stands. The

Governor Pablo Sola to Hippolyte Bouchard, Monterey, November 21, 1818, in Bancroft, op. cit., II, p. 229~ nQ

1821:

Bealer, "The Privateers of Buenos Aires, 1815Their Activities in the Hispanic American Wars of

87 Spaniards were able to carry off a two-pounder, two boxes of powder, 6,000 musket cartridges and all the documents from the archives. 39 Sola decided that even with reenforcements from San Jose and San Francisco it was still unwise to ven­ ture forth against the intruders, so sentinels were posted and from vantage points they witnessed the re­ moval of a few valuables, and the destruction of their guns, with the exception of two eight-pounders which were carried away, along with Molina.

Molina was a

"thief who was given to a life of drunkenness," and had undoubtedly been left behind in a drunken stupor 40 when Sola's order for retreat was called. On the 26th, the insurgents set fire to the fort and presidio as they made preparations for departure.

As the smoke

from the burning presidio clouded the sky, Sola wrote to the padres at San Luis Obispo that the probable in­ tention of Bouchard was to sack and burn other estab­ lishments along the coast which afforded them a chance.

Independence,” MS, p. 160, says: "In succinct, caesarlike language, Bouchard described the action which fol­ lowed: 'At eight in the morning we disembarked; at ten the battery was in my power, and the flag of the homeland waved over the fortalice.'" 39 Bancroft, op. cit., II, p. 233*

4o Ord, op. cit., p. 3«

88

On the 27th, at 12:30 P.M., Sola notified his southern commandants of the departure of the insurgents and said he would announce their direction as soon as it could 41 be determined from the sentinel at Point Ano Nuevo. De la Guerra was busy while Sola was having his troubles.

One of his first orders was to place the pre42 sidial families, including his own, in safety. Hast­ ily the settlers at Santa Barbara prepared to depart for the interior.

According to Mrs. Ord, several left

on foot, and Padre Antonio Ripoll gave up his mount to a sick woman.

Most of the families headed for Santa

Inez by San Marcos or by way of Refugio and Rancho de Ortegas. 41

One family went to San Buenaventura.

It must

Bancroft, op. cit., II, p. 233* footnote.

42 Fray Luis Martinez to De la Guerra, Mission San Luis Obispo, November 25, 1818, in De la Guerra, "Dop. Hist. Cal.," MS, iii, pp. 9-10* Padre Martinez told De la Guerra that he was making a mistake by sending all the women to the interior, and reminded him of the successful defense made by the Galiacians against the French. "Remember that defenseless the Gallegos formed a line from their army of women and how the French were akin to place themselves at their feet, soon they were seen to quickly abandon their obligations of war, and then left to comply with the order of nature to which they live in subjugation. The army without a front took them without resistance leaving a multitude of gluttons in the field. And thus you must do, because the latter are no less passionate if you wish to con­ quer."

89 have been a miserable day for such an evacuation as it rained heavily* and Mrs. Ord* who was not yet four years old* remembered well the rain pouring through the sides of the carreta as they made their way through the San 43

Marcos Pass toward Santa Inez Mission. Besides getting families off to the interior De la Guerra sent Sergeant Anastacio Carrillo to the north with twenty men.

They arrived at Rancho del Rey

to find that the presidio had been sacked and burned and the insurgents had departed.

As they approached

Santa Inez on their return* they noticed a great con­ flagration in the distance.

Prom the grade* many people

were watching the fire at Rancho Refugio.

This fire

likewise had been started by the insurgents who had landed late in the afternoon of the second of December and had met with no opposition.

The Ortegas and the

families at Refugio had departed* leaving their ranches to be plundered and burned.

By 11:30 that evening* Ser­

geant Antonio Carrillo arrived from Santa Barbara with thirty men and proceeded to watch developments from Las Cruces located on a hill above the ranch.

He assembled

the fugitives from the ranch and the neophytes under

O rd *

op.

c i t .*

pp.

2- 3 .

90 the padres and then sent out scouts.

They saw homes

being plundered and burned and cattle being killed.

A

small force of Spaniards was able to surprise three mar­ auding insurgents and soon had them across the hills and into the mission stocks.

The three captives were

Lieutenant William Taylor of Boston* Martin Romero of Paraguay, and the third a negro named Mateo Jose Pascual. Apparently the insurgents made no attempt to obtain the release of their men; rather, they set sail for the south. The Spanish troops likewise turned south toward the Santa Barbara Presidio, taking with them their three captives. On the sixth of December, the fateful day that the insurgents entered Santa Barbara waters, De la Guerra wrote to Sola informing him of the reports he had received from the Ortega Ranch, and that Santa Barbara was prob­ ably the next stop on Bouchard’s itinerary.

He also re­

ported receipt of Sola’s letter in which he was told no aid was to be forthcoming from Monterey.

In spite of the

black outlook of defective field pieces and unreliable forces, De la Guerra said he would make the best defense

4*5

possible. ^

44 ^ Bealer, op. cit., p. 161. Bealer says that the capture of his three crew members 11. . . s o enraged Bou­ chard that he ordered the buildings destroyed." 4*5 J De la Guerra to Governor Pablo Sola, San

91 When the troops returned from Refugio with their prisoners, they saw the "Argentina” and the "Santa Rosa" anchored off-shore, and their own commander in the plaza surrounded by his small force made up of some residents from Los Angeles, Santa Barbara and numerous mission 46 Indians with their bows and arrows. As they watched, a small boat was lowered from the "Argentina" and made toward Voluntario Hill.

De la Guerra ordered Alferez

Maitorena and his soldiers to the beach to find out what they wanted.

As the presidial soldiers neared the

shore they were told to withdraw as they had a letter for the commandant of the fort. and a member of the small boat:

Withdrawal was effected 47

. . .got into the water, which reached to his chest; he had a letter on a stick. He waded toward shore, and buried part of the stick into the sand which was holding the letter. Afterwards he withdrew, and got on the boat and they went on their way, and when they were fifty or sixty yards from the shore they yelled ’take the letter.’ We drew near and the alferez took the letter addressed to our cap­ tain. I learned afterwards through Don Domingo Carrillo that the letter was from the chief of the insurgents Hipolito Bouchard in which he said that he had aboard prisoners and he wished to exchange them for his men taken at Refugio. Isidro, December 6, 1818, in De la Guerra, ojd. cit., xx, p. 222. 46 Rafael Gonzalez, op. cit., p. 8 . ^

Ibid., pp. 8-9-

92

De la Guerra was cautious, and he took time to think it over.

On the next day, to this message he re­

plied that the prisoners he held were still alive and their fate would depend upon the actions of Bouchard. Further, word had been sent Governor Sola regarding the proposition and six days would elapse before an answer would be received from the north.

Undoubtedly this must

have angered Bouchard who not only was impatient, but enraged to think that he should be defied, especially after having put to .rout all forces sent against him and after having destroyed Monterey, the capital.

The

answer he penned was meant to strike terror into the hearts of De la Guerra and his men and threatened sim­ ilar consequences as occurred at Monterey unless his wishes were granted. 48 This threat not only incensed De la Guerra who replied:

“if your men are anxious to fight, I can assure

you that mine are desperate to meet them," and made him boast that he had an armed force of a thousand men to 49 receive him. He then displayed his army in such an ^8

Bealer says that under a flag of truce, he demanded an exchange of prisoners be conceded, other­ wise he threatened the place would be sacked." (Bealer, op. cit., p . 3.) 4q

Jose Romero, "Memorias," MS, pp. 10-11.

93 ingenious way that it appeared that he did have a thous­ and men.

He had his troops revolve between the mission

and the presidio in such a manner that from a distance it looked like a continuous line of march and that his 50 force was much larger than it actually was. The message of De la Guerra also had informed Bouchard that:51 . . . inasmuch as feelings of humanity prompt you to propose cessation of hostilities and to return the prisoners you hold, provided those taken at Refugio are also given up, I, who value the lives of my fellow beings above every earthly interest, give you my word to have the prisoners brought here and to deliver them some time tomorrow. When the morrow arrived and De la Guerra found he was to receive only one prisoner in exchange for three he held, he dedided to call the whole transaction off.

De la

Guerra had understood from the correspondence of Bouchard that he held prisoners plural, not a single prisoner. The next day, the ninth, he reminded his foe that the moderate answer he gave was the "offspring of ray good manners and not of any fear of your threats, which are 52 of no consequence to me." 50

Ibid., p. 11; and Ord, op. cit., p. 3.

51 Romero, op. cit., pp. 11-12. ^ Ibid., p . 12.

94 Bouchard was quick to assure De la Guerra that he had but one prisoner taken from Monterey and, if he doubted his word, he had permission personally to search his ships.

Further, while the search was being con­

ducted Bouchard was willing to leave one of his officers as hostage.

Later on this same day, in order to avoid

"worse evils being visited on the subjects and Fathers of this presidio," De la Guerra consented to the unequal exchange. 53 Whereupon Molina, the inebriate whom the province would have been glad to be rid of, was presented to De la Guerra.

In spite of surprise and probable

shame upon learning the identity of the liberated pris­ oner, De la Guerra wrote to his superior officer and informed him in precise terms exactly what had occurred. Sola was furious to think that De la Guerra would enter into parleys with pirates and even agree to exchange 55 prisoners when only the Spaniards had taken prisoners. 53 De la Guerra to Governor Pablo Sola, Santa Barbara, December 9* 1818, in "Provincial State Papers," MS, xx, pp. 223-24. 54 Molina received a hundred blows on his back and was sentenced to six years in chains. Romero (op. cit., p. 12) says he "received no other sentence but that of work in the presidio in chains." At the termination of his sentence he became the servant of De la Guerra, for his daughter, Mrs. Ord, says "Years later he was my father's servant and died as such." (Ord, op. cit., p. 3.) 55 Apparently Sola did not consider Molina a

95 According to Bancroft, this was a rather harsh reprimand to De la Guerra by Sola who, with superior forces at his disposal had failed to defend Monterey. Especially, it is rather ironical when Sola received a promotion to the rank of colonel of provincial mili­ tia and received approval for the defense that Was made, while De la Guerra, who by ingenuity and parleys was able to prevent depredations at his post at Santa Barbara. 5 6 After the exchange, Bouchard quit Santa Barbara and headed south.

He passed San Pedro on the thirteenth

and continued on down the coast to San Juan Capistrano. With Bouchard's departure from Santa Barbara, De la Guerra headed his force in the same direction, just to make certain that Bouchard would keep his promise to 57 steer clear of further California ports. In the prisoner, but rather a deserter. Mrs. Ord says, “He joined with the insurgents who took, him aboard.” (Ord, op. cit., p. 3*) Romero says, “Molina drank a great deal of liquor and drunk he went aboard one of the in­ surgent boats." (Romero, op. cit., p. 11.) The account of Gonzalez is similar to that of Romero when he says, “The prisoner that Bouchard had was a drunkard named Molina who remained drunk in Monterey, when all the troops left they apprehended him.” (Gonzalez, op. cit., p. 9 .) *56 Count of Venadite to Governor Pablo Sola, Mexico, May 22, 1819* in “Provincial State Papers," MS, xx, pp. 71-72. 57 Bealer says that Argentinian accounts make no

96 meantime, on the thirteenth of December, Alferez San­ tiago Arguello was sent north from San Diego with thirty men, to defend the mission San Juan.

He and his men

helped cart mission property to safety as they moment­ arily expected the enemy to land.

On the next day,

Bouchardfs boats anchored off San Juan Capistrano, and 88 no time was lost in presenting a formal demand:*^ I desire that this city . . . contribute with with the following revenue: twenty sacks of po­ tatoes, ten sacks of corn, and four head of cattle. If this contribution be fulfilled, I shall retire without doing the slightest injury . . . A half hour was allowed for a reply, and even this amount of time was more than enough for a blunt refusal.

There­

upon Bouchard broke his promise made at Santa 'Barbara, according to the Spaniards, and sent his men toward the mission. Arguello, with his force, watched the proceedings from a hill nearby.

He was joined by De la Guerra with

his forces from the north, which included Father Martinez, who had risen from a sick bed to lead his thirty Indian mention of Bouchard ever stating that he would leave the coast without committing further hostilities. It is quite probable that he referred only to hostilities at Santa Barbara. (Bealer, "The Privateers of Buenos Aires, 1815-1821: Their Activities in the Hispanic American Wars of Independence," MS, p. 162, footnote.) 5

Ibid., p. 162.

97 warriors.

De la Guerra and Friar Martinez issued a

challenge to the invaders, but they were so busy drink­ ing wine, and spilling that which they did not drink, and carrying off property that they did not heed the chal59 lenge. On the fifteenth or sixteenth, Bouchard and his men set sail, leaving behind four deserters who asked for pardon on the basis that they had been forced to join the insurgents against their will. Elaborate preparations which included red hot balls were made for the "Argentina" and "Santa Rosa" by commandant Ruiz at San Diego, but Bouchard sailed right on past the presidio and out of California waters. With his departure, De la Guerra and his forces turned homeward, only too glad to be rid of the picarons (rogues). De la Guerra again dispatched a letter to Sola of the events which had transpired at San Juan and preparations which had been made at San Diego.

Sola, unaware of the

departure, wrote urging that strong measures be employed against the enemy. He might as well have saved his paper, for Bou­ chard and his men were never to enter California ports

5Q ^ George Tays, "Revolutionary California: The Political History of California During the Mexican Period, 1822-1846," MS, p. 34.

98 again.

With their departure came the usual feeling of

relief and the customary verbal bouquets.

Sola sent his

report to Mexico., and it was printed in the Gaceta, a Mexican newspaper.

Along with the report was printed

praise and thanks to all from the viceroy.

60

De la

Guerra, likewise, was laudatory in statement of his ap­ preciation to the padres for the services which they had rendered in the crisis, and particularly for the efforts of Pray Martinez. It is too bad that De la Guerra did not receive more praise for his share in the defense of the province. 4

It is true that he was loud in his boasts, and received the short end in an exchange of prisoners, yet he did not lose a single life at Santa Barbara; he had no prop­ erty plundered; and had no buildings fired.

When Bou­

chard arrived, De la Guerra was quick to see that his forces were badly outnumbered, yet by ruse he was able to pass off his forces as greater than they were.

Whether

Bouchard fell victim to this sham and believed that De la Guerra actually had superior numbers will never be known; at least, he did not attempt to land at Santa Barbara.

More important than the commendation was the viceroy’s promise that reenforcements and supplies were being sent.

99 After two days of threats and counter-threats, De la Guerra decided, and rightly, that discretion was much better than valor in this case, so he agreed to the uneven prisoner exchange.^

He received a rebuke from

his superior officer, who received a promotion; yet not an insurgent set foot ashore at De la Guerra's post at Santa Barbara.

CHAPTER I V

POLITICO* Give us a man of God's own mould, Born to marshal his fellow-men; One whose fame is not bought and sold At the stroke of a politician's pen. Edmund Clarence Stedman The year 1822 was a dramatic year in the annals of California history, for in this year the royal crim­ son and gold flag of Spain was struck from the halyards to be replaced by the imperial tri-color flag of Mexico. This change of standards was symbolic of a change in authority, as the rule of Ferdinand VII was ended and Augustin Iturbide became Emperador Augustin I, ruler of all Mexico, of which California was an outpost.

The

change in flag and authority made a very marked change in the life of Jose de la Guerra.

Whereas prior to

this year, his political star had been on the ascendancy, it now blinked and disappeared from the political scene. Where before De la Guerra had found favor in the eyes of his superiors in Mexico and California because of his noble Spanish birth, he now found disfavor in the sight of the new rulers.

The tides of revolution kept him

from attaining the most coveted post of governor of

101

California, and his noble Spanish blood became a cause of suspicion of his loyalty to the new government. The handwriting had been on the wall for many years.

The capture and imprisonment of De la Guerra,

in l8ll, by insurgents; the plunder of California by Bouchard, in 1819; were but indications of impending doom for Spanish rule in North America.

It was impos­

sible for the Californians who were on the extreme peri­ meter of the Spanish Empire to realize that unsettled conditions in Mexico were soon to ferment into a revo­ lution which would engulf even their own lives in faroff California.

Spain was farther away than Mexico

City, and letters were few and far between, so one can well understand the Californians1 inability to realize that Napoleon's lechery had drained Spain of resources and men, so that Ferdinand VII on his return was unable to muster the necessary forces to subjugate the wayward colonies.

Also, these same colonies, during the intern­

ment of Ferdinand, had tasted independence, liked its flavor, and would be satisfied with nothing less.

They

were certainly not eager to return to the Spanish yoke. The De la Guerra correspondence, which was chiefly from friends sympathetic with the Spanish cause, expresses annoyance and dissatisfaction with the unsettled conditions

102

which existed in their particular part of the Empire. The only cheerful note in the letters appears with Span­ ish success at arms or news of the possible return of strong Spanish control.

Gervasio Arguello wrote from

Guadalajara on January 25th, 1821, to tell of the pol­ itical conditions in Mexico, South America and Spain. He wrote:1 Lima is surrounded by land and sea. Guyaquil is taken by the English, and the General of these is Cochran who is the one what is on this ocean, stealing from everyone. In fact, in all other kingdoms they speak very melancholy and along with these are great precautions to prevent an assault. Prom Spain there is little news. They say everything is in good order. Here, it is more or less the same, although there still ex­ ists the spirit of those that are aspiring for revolution and independence, but they are as pieces of furniture that attract no attention; they do nothing but sow their venom. In fact, time will tell how serious it is. Pedro Baltazar Yerba wrote from Tepic in the same month that ". . . the situation in Vera Cruz is bad.

It seems

that some of the rancherias and pueblos have started some revolution, proclaiming their independence.11 On February 6, 1821, Benito Deler wrote De la Guerra that a new viceroy was being sent to Mexico from

Gervasio Arguello to De la Guerra, Guadalajara, January 25* 1821, in Bowman, nDe la Guerra Documents,11 Sec. I, pp. 119-20. 2

Pedro Baltazar Yerba to De la Guerra, Tepic, January 30, 1821, ibid., p. 120.

103

Spain.

There seemed to be a difference of opinion re­

garding conditions in Mexico for he said, "Some say there is tranquility in the country; others say there are rumors that a company of soldiers are to be sent from Spain with the General Carlos Espana, Gobernardo Politico, who will be appointed v i c e r o y . "3 In.July, there was further rumor of an insurrec­ tion under the leadership of Iturbide when Manuel Varela wrote from Tepic that he was out of communication with San Bias "as that place is ready to swear to independ­ ence, with arrangement of the plan of el Senor Iturbide.'1 Jose Estudillo wrote from San Diego, in August, 1821, that Iturbide went to Vera Cruz, and that in Guadalajara which favors his cause, they have written to the Infant Don Carlos.

Likewise, because of the threat of invasion

on the frontier, he had received orders to lend support with all his troops and was to permit the Indians to go free.

Jose Arguello wrote to De la Guerra at the be­

ginning of the new year, on January 8th, 1822, and asked 3

Benito Deler to De la Guerra, Guadalajara, February 6, 1821, ibid., Sec. I, p. 123* 4 Manual Varela to De la Guerra, Tepic, July 4, 1821, ibid., Sec. I, p. 132. 5 Jose Estudillo to De la Guerra, San Diego, August 5* 1821, ibid., Sec. II, pp. 38 O-8 I .

104 him why he was so silent.

"Are you independent?

If you

are, you will know that all America has succumbed to the Empire. The silence from California was undoubtedly oc­ casioned by failure to comprehend the true situation which existed in Mexico.

The ruling Spaniards and padres

were hoping and praying, in most instances, that the ac­ counts they received during 1821 were nothing more than rumors.

Even as late as January 10, 1822, the governor

of California wrote that such documents he had received from Mexico were ’’printed in a country of dreamers, since independence is a dream.”

Further he said, ”. . .

that the immortal, incomparable Spanish Nation, has many and great resources with which to make herself respected, *7

must look with contempt on such absurd views.” Arguello had told De la Guerra, at the commence­ ment of 1821, that time alone would tell how serious the threat of independence was.

Time did tell, and by the

end of 1821, Iturbide was successful in having himself appointed head of the interim government until Ferdinand or one of his brothers assumed the Spanish throne.

The



Jose Arguello to De la Guerra, Loreto, January 8, 1822, ibid., Sec. I, p. l4l. 7 Jose Arguello to Governor Pablo Sola, Loreto, January 10, 1822, in "St. Pap. Sac.,” MS, VI, p. 41.

105 Mexican cortes was summoned to meet, and in light of these developments, Governor Sola deemed it feasible to call a meeting at Monterey of the commandants and Fadre Payeras who represented the missionaries and neophytes. In this memorable meeting of the ninth of April, 1822, a fateful decision was made when ten officials, who were steeped in Spanish tradition, acquiesced in favor of the regency.

It is interesting to note that

five of the men comprising the junta, or council, were born in Spain, four in Mexico, and one was a native son.

The five Spaniards could be classified as the

elder statesmen, for their years of military and ec­ clesiastical service in the province comprised eightyfive years as against sixty-two years for the four Mexicans and lone Californian.

8 The rank and key

positions in the province, as one would expect, were fairly well concentrated in the hands of the ten men

Although Luis Arguello, the native son, was thirty-eight years of age in 1822, I credited him with only his twenty-three years in the armed forces. He became a cadet in 1799 at the age of 15 years. Payeras* in 1822 had the greatest number of years of service in California of the ten men, with a total of twenty-six years of consecrated service to his God and king. De la Guerra was third with a total of twenty-one years of military service up to 1822.

106

assembled, and the Spaniards who, because of their seniority and position, undoubtedly had much to say 9 regarding this momentous decision. By their decision, they pledged to obey the new government and recognized their dependence on the Mex­ ican Empire.

Also, they resolved to take the prescribed

oath of loyalty to the new government, which was done with all formality on the eleventh of April, by the ten members of the Junta at Sola's house, and then by the 9

The following list compares the rank, and years of service, of the five Spaniards, four Mexicans and lone Californian: Years service in Spaniards Office or rank California (1822) Pablo Vicente de Sola Governor 7 Mariano Payeras Prefect 26 Vicente Francisco Sarria Missionary 13 (representing Jose Senan, President of Missions) Jose de la Guerra Captain, Sta. Barbara -21 Joee Maria Estudillo Lieutenant 18 __ (representing Francisco Ruiz, Capt., San Diego) Total years of service 85 Mexicans Jose Antonio Navarreta Captain, San Bias Co. Pablo Portilla Captain, Mazatlan Co. Jose Mariano Estrada Brevet Lieut., Mont. Manuel Gomez Lieutenant, Mont. Total years of service

3 3 18 15 39

Californian Luis Antonio Arguello Capt., San Francisco Total (Mexicans and Californian)

23 "5^

107 troops of Monterey in the plaza.

Padre Payeras gave

his sanction to the occasion with an appropriate sermon followed by gun salutes, cheers, and illuminaitions that night in honor of the newly-accepted independence.

Be­

fore the end of May, 1822, general acceptance of the new government was established from San Francisco in the north to San Diego in the south, as all military officials, missionaries, and civilians took the oath, with very few protests being recorded. Now that California had accepted the new govern­ ment they were entitled to representation in Mexico. So after all the ceremonies, on the twelfth of April, the Junta of ten men unanimously called for an election to obtain five provincial electors who were to select a deputy to represent California in the new cortes of Mexico.

The deputy that was selected by the five elect­

ors was to receive a salary of $4,000 to be raised either by voluntary subscription or by a pro-rata tax.

The

system as outlined by Sola, on the seventeenth of April, in compliance with the decision of the Junta, called for an election of an elector de partido in the four presidial Jurisdictions with an additional elector de partido being selected for Los Angeles.

Apparently the elections were

held in accordance with Sola's communication although no

108 records are extant of the results of the local elections. rr>Jie partido electors then met at their respective capitals and chose a provincial

elector.

The provincial

electors* according to the instructions of Sola, were neither to be military men nor friars.1^

On May 21st,

the five provincial electors met at Monterey with Gov­ ernor Sola and Lieutenants Estrada, Estudillo and Gomez. By what authority these officers were permitted to take part in the selection of a deputy after specific instruc­ tions were issued that military men were not to take part is not known.

The results are known:

Governor

Sola was elected to represent California in Mexico even though the friars apparently favored De la Guerra for this position.

Sarria, who had represented Senan at

‘the

meeting on April ninth, was definitely in favor of

the

election of De la Guerra to

the cortes in Mexico,

and it was his understanding that other padres favored De la Guerra.

It should also be said that the possibil­

ity of Sola being selected had been discussed and it had been expressed that he would be a good choice, as he would require no additional salary over and above his salary as governor.'*’1

What influence the military

Bancroft, History of California, II, p. 454, footnote. Ibid., p. 453* footnote.

109 leaders Gomez, Estrada, Estudillo and Sola had upon the outcome of the election will never be known. This flurry of activity, espousing the cause of independence by Alta California, apparently went no farther than the southernmost city of San Diego for grave concern was expressed by the new governmental leaders in Mexico about the intentions of the Californians.

It was a well-known fact that the Franciscan

Order in Alta California had been a staunch supporter of Spain and the royalist cause.

The wealth of the

missions had been exaggerated out of all proportion. Fear was felt in Mexico that Alta California might be the focal point for a reactionary movement. In order to allay any possible royalist resur­ gence, it was deemed advisable to send an ag,ent or "comisionado” to California.

One of his primary duties

would be to nurture the new spirit of independence and, if the cause of independence had not been embraced by the inhabitants, then it would be necessary for the agent to stage a revolution, obtain an oath of alle­ giance, and raise the new imperial flag.

Also to this

agent would be entrusted the responsibility for instal­ lation of the new machinery of constitutional government. Iturbide realized the person

t; o

carry out such a deli­

cate mission would of necessity have to be endowed with

110

extraordinary diplomatic talents, as were apparently possessed by the canon of the Durango cathedral, Agustin Fernandez de San Vicente.

Before the month of April,

1822, had run its. course, Agustin Fernandez had re­ ceived the commission and made ready to depart for California on the "San Carlos." In

the meantime, Governor Sola was busy in Mont­

erey, preparing for his Mexico City.

departure to his new post in

He wrote to De la Guerra requesting him

to be in Monterey by the middle of July in order to 12 assume the governorship. Under the old system, De la Guerra, as second in command in Alta California was entitled to perform as acting governor until the suc­ cessor of Sola could be selected.

And if the old system

continued

In operation, the mantle would undoubtedly

fall upon

the shoulders of De la Guerra.

On the fourteenth of July, the American ship "Panther" arrived in Monterey from Loreto with news that Iturbide had been proclaimed emperor, and the Canon Agustin Fernandez was in Loreto and heading for Mont­ erey.

This called for a revision of the plans of Sola

who decided to delay his departure and prepare for the 12

Governor Pablo Sola to De la Guerra, Monterey, June 20, 1822, in De la Guerra, op. cit., IV, pp. 97-98.

Ill arrival of this important ecclesiastical representative of the new government.

The "Panther11 also brought a

pattern of the new flag and a promise from the emperor that all back salaries to troops and money owed to the missions would be hastily paid.

This political sop

alone was enough to insure success to the junket of Agustin Fernandez, the personal representative of Emperor Iturbide. After spending the better part of two months in Lower California, Agustin Fernandez arrived in Monterey aboard the "San Carlos" on the 26th day of September. In compliance with the established custom of the day, Fernandez sent his credentials ashore to Sola and Father Payeras, who acknowledged receipt of said credentials on the following day.

News of the arrival of the canon

spread like wildfire and, by the morning of the 27th, the shore was crowded with anxious people who were all eager to catch a glimpse of the representative of the new government.

Among those on the beach were Governor

Sola and his staff who were dressed in full uniform for the occasion.

Fernandez, who was followed by his ret­

inue of officials, stepped ashore and embraced all the members of the reception committee.

The sightseers

who crowded the shore found Fernandez to be a man of

112

about forty-five years, whose heavy set body was gaily robed.

He had rosy cheeks and by his manner and laugh 13 appeared to be jovial. The parade from the beach to the presidio, where quarters had been prepared for the visiting dignitaries, was marred only by the refusal of Fernandez to ride in the awaiting coach.

Instead he mounted a beautiful

horse, from which his handsome person could be seen by everyone, and rode to the presidio through an enthus­ iastic crowd that rent the September air with tumult­ uous cheers.

Undoubtedly much of this approval by the

populace of Monterey was due to his refusal to ride in the provided coach, for in those days ”in California history plebians looked toith doubt upon aristocrats and classified all who had a carriage or coachman in JflA livery as such. 13

Mariano Guadalupe Vallejo, "Historia de Calif­ ornia,” MS, i, p. 282. According to Vallejo, Fernandez was "a man about forty-five years old, heavy set, of wide literary knowledge. He knew the diplomatic intrigue as well as he did his ’Confitor mei Daus’ and was per­ haps one of the most popular and celebrated men of his period. Although in imitation of Friars Mercado, Morelos, and Hidalgo he did not handle the sword and enter Into combat with the royalists, he in the churches, in race tracks and In public places preached to the town and stimulated the people to continue fighting for their rights: also the ambition of the reverend commissioner had no limits.” Ibid., i, p. 283 .

113 The official celebration of independence under the auspices of Comisionado Fernandez lasted for several days, and among all the events probably the most color­ ful and most often recalled was the ceremony of the 15 lowering of the Spanish flag. This historic event took place on the parade grounds.

The soldiers and

officials were in full dress uniform, while the civilian population, not to be outdone, dressed in their best clothes for the occasion. about the flagpole.

A hollow square was formed

On the east side was located the

artillery, on the south side the infantry, on' the north side the cavalry, while the west side was relegated to civilians.

It was nearly noon when Fernandez and Sola,

who were dressed In full uniforms bedecked with decor* ations of their respective offices, advanced from their quarters behind the honor guard carrying the new Imper­ ial flag. 15

As the canon gave the order, "Strike the .

Bancroft, History of California, II, pp. 458-59* Bancroft says the official records are not extant on this event and the reminiscences of the early Californians are not reliable " . . . since they are inclined to group in this connection all that occurred in the way of politics from the swearing of the liberal constitution in 1820 to that of 1824 as part of the change from the old to the new, from Spanish monarchy to Mexican republicanism with the empire as a connect­ ing link." One of the most detailed pictures Is given by Vallejo, and the story that I have given follows very closely his account.

114 Royal Banner of Spaini"

two soldiers stepped forward

to the mast, seized the halyards, and slowly lowered the royal flag. It was just three centuries to the year since the royal standard of Castile had been planted by the Spanish conquistadores (conquerors) on the western shores. For three hundred years its rampant lion had flapped defiance to its foes on every sea and in every clime. Three hundred years unmatched for toil and strife, for progress and reaction, for blood and tears, for slavery and pain, all mixed together to produce a culture which did not pass away easily, a culture which was to leave its stamp indelibly upon the Western Hemisphere even in the centuries yet to come. Just as the flag was about to reach the ground, Governor Sola stepped forward and caught its silken folds in his arms.

Not a whisper, not a cheer broke

the profound silence that gripped the populace. a sigh Sola turned to Fernandez and explained:

With "They

do not cheer because they are unused to independence." Then the canon commanded: of Mexico.1"

"Hoist the Imperial flag

The new colors were then fastened to the

yard and run to the top of the mast.

As the new stand­

ard of green, white, and red unfolded to the breeze

115 Fernandez cried, "Long live Mexican Independence.1 Long live Emperor Augustin I J" Spanish California.

Such was the passing of

16

While the key to the city was being presented to Agustin Fernandez at Monterey, De la Guerra was occupied with business in Santa Barbara and apparently was in no hurry to get to the capitol.

Within the first

few days of October, he received a letter from Governor Sola, dated October first, in which he was requested to come to Monterey to receive the command, as Sola expected to depart on the "San Carlos" for Mexico City.1^

An­

other letter dated October second came to De la Guerra from Canon Fernandez in which the ecclesiastic expressed the hope that De la Guerra would come to Monterey to pay his respects to the new government.

This letter

from Agustin Fernandez is particularly interesting in that he addressed De la Guerra as "my esteemed old friend" and closes it with:

". . . i f you come to Monterey (as

I hope) to be delivered the government you will fulfill 18 your wishes, your always very good friend." Fernandez also refers to a letter which he had received from De la

-i Z T

Vallejo, op. cit., i, p. 287. 17 Governor Pablo Sola to De la Guerra, Monterey, October 1, 1822, in De la Guerra, op. cit., IV, p. 9 8 .

116

Guerra In which De la Guerra denoted happiness with the 4k

progress made by the Canon and the cause he represented. What De la Guerra did not know was that more than a letter to the Canon was necessary to make his position secure as the next governor of California. This dilatory action on the part of De la Guerra to present himself in person immediately at Monterey probably had some bearing on the results of the election of a governor to replace Sola.

De la Guerra undoubtedly

felt that according to all precedent and regulations of the past* as he had known them and seen them

operate

in his lifetime in California, the office would

auto­

matically become his with the departure of Governor Sola.

Therefore, De la Guerra apparently felt no need

to hurry to Monterey to kotow before Canon Fernandez in order to receive the office which according to all previous practice was rightfully his.

De la Guerra did

not realize that independence from Spain meant breaking with accepted practices of the past, and that Canon Fernandez's allusion to friendship would not prevent him from breaking those precedents to leave someone

l ft

G o v e r n o r P a b lo S o la t o De l a G u e r r a , M o n te r e y , O c to b e r 1, 1822, i n De l a G u e r r a , o p . c i t . , i v , p . 169 .

117 other than De la Guerra in the governor's chair if it aided the cause of independence and, above all, enhanced his own popularity.1^ Eventually De la Guerra did get to Monterey, and attended a banquet in honor of Canon Fernandez given by Governor Sola.

20

At this banquet, an incident took

place which more clearly divulged the character of Comisionado Fernandez as a popular man.

Not only did

he shake hands with everybody present but, "in order to keep the popular good will, he gave up his assigned seat of honor to sit between Captain Jose de la Guerra and Don Salvador Aspiroz, both well known Spaniards and the first ones who from the discovery of California had been compromised in a duel.”21

19

Vallejo, "Historia do California,*1 MS, i, p. 248. Vallejo says further of Fernandez that he was na man who liked popularity and accepted applause from plebians with great satisfaction of his official posi­ tion; that class of intriguers has been the cause of three-fourths of the revolutions which have ravaged Mexico during the last fifty years and of the other republics of South and Central America." 20

Vallejo would lead you to believe that this affair occurred on the night of the Canon’s arrival in Monterey, but this could hardly be the case in view of the letters from Sola and Fernandez to De la Guerra, dated October 1st and 2nd, .respectively. ^1 Vallejo, op. cit., pp. 284-85-

118 This story of bitter feelings which existed be­ tween De la Guerra and Professor Aspiroz, the latter who had just returned to California in the company of the Canon Fernandez, goes back to a dinner party given byGovernor Sola in

1817-

On that occasion De la Guerra

uttered some phrase which was offensive to Professor Aspiroz who left the table and later sent the offender 22 a written challenge. When Sola . . . learned two friends of his were preparing themselves to undertake mortal combat, he wrote to Senor Aspiroz letting him know that he had de­ cided to prevent the two Spaniards from making an example of disobedience to the laws and asked him in the name of their friendship and as country­ men to withdraw the notice of challenge which he so carelessly and so inopportunely had sent. Then, to make certain that his orders would be obeyed, he included two additional letters from Fathers Sarria and Payeras who also exhorted Aspiroz to desist in his intent and threatened to bring the wrath of the church down upon his head if he persisted in his intended duel with De la Guerra. Professor Aspiroz, upon seeing that the eccles­ iastical authorities as well as his close friend Gover­ nor Sola were opposed to his avenging his honor by the sword, wrote an answer which read:

22

Ibid., i, pp. 284-fc>5.

23

119 In answer to the attentive letter of your Ex­ cellency in which you manifest your opposition that I should carry out the challenge pending be­ tween Senor De la Guerra and your humble servant I have resolved to carry out the wishes of your Excellency and of the Reverend Fathers Sarria and Payeras and desist from my intent. I have adopted my said resolution because I am a friend of peace and an enemy of war. After this letter, from all appearances, the matter had been settled, although neither man trusted the other. After this incident, Professor Aspiroz left California only to return in the company of Canon Fernandez. At this gala occasion, sometime in the first few days of October, 1822, the two former antagonists were again at a dinner party given by their mutual friend Governor Sola, and were placed next to each other at 24 the dinner table. The astute canon, who knew Aspiroz as well as De la Guerra had many friends in California, be­ lieved it conductive to win popularity by being the mediator to renew the good relations which in 1816 had existed between them and during the dinner managed the strings with such tact that upon rising from the table Aspiroz and De la Guerra embraced each other, and from then on until death the two rivals professed sincere friendship and loyalty. The reconciliation of Aspiroz with De la Guerra was for some time the topic of con­ versation in all circles in Monterey where one was appreciated for his vast knowledge and the other was feared for his unquestioned valor.

23 Ibid., p. 285. ?4 Ibid., pp. 285 -8 6 .

120 On October eighth a meeting was held at Governor Sola’s home for the express purpose of instituting plans for placing in operation the new machinery of consti­ tutional government.

In attendance at this meeting

were Sola, Fernandez, Payeras, Sarria, Tapis, Captains Arguello and Navarrete, Lieutenants Estudillo, Estrada, and Gomez, and Alferez Haro.

De la Guerra, unfortun­

ately, had retired to Santa Barbara after the banquet. Four main points of business were discussed in this rather informal meeting in which no records were kept. From letters which were written to De la Guerra the following day we find that they discussed the estab­ lishment of a legislative assembly, ayuntamientos or town councils for Los Angeles and San Jose, seculari­ zation of the missions, and the governorship. As the deputacion (or legislature) had an im­ portant part to play in the election of the governor, it is necessary that attention be given to the decision of the Canon pertaining to this body.

Under the Con­

stitution of 1812, such a body was to have been elected, but Sola had not carried out the law, his arguments being that the Californians were not fit for self-gov­ ernment.

Fernandez refuted his arguments and said a

deputacion must be formed even if it* was composed of

121

Indians; that practice was the best way to learn the art of self-government.

Fernandez also pointed out

that the five electors who had appointed Sola to the Mexican cortes had the right to choose the deputacion, and further that they could elect themselves.

This

they did on the ninth of November and with one addi­ tional member, and one replacement, they made up the first California legislature. In the matter of selecting a governor to take the place of Sola, the wily priest had definite ideas also.

His ideas regarding this office must have cryst-

alized in his own thinking between his letter to De la Guerra on the second and the meeting at Sola’s on the eighth, and show what an astute politician he was. Under the old regime, De la Guerra would have fallen heir to the office through seniority unless the vice­ roy had deemed it advisable to send an outsider from Mexico to fill the position.

The growing bitterness

against the Spaniards in Mexico undoubtedly made Fer~ nandez decide that it would not enhance his influence 25

The elected letislature consisted of Jose Aruz, Francisco Ortega, Francisco Castro, Jose Palomares, Carlos Castro and Jose Antonio Carrillo. Carrillo was not of the original group of electors who had selected Sola for the Mexican cortes. Neither was Carlos Castro who was se­ lected to replace Ignacio Lopez who was possibly dropped because he could neither read nor write.

122

and popularity in Mexico should he leave California in charge of the Spaniard De la Guerra.

Therefore Fernandez

consulted his instructions and found that an election must he held to fill the position— the voting to be done by the officers.

26

He had noted some signs of dissat­

isfaction on the part of the younger Californians, and here and there dropped a few words among the younger officers which he reckoned would be sufficient to turn the tables against De la Guerra. Now that instructions had been given, Fernandez decided to push north to the Russian settlement at Bodega in order to gain for his government in Mexico first hand information on the Russians and their acti­ vities.

The trip began on the eleventh day of October

and ended on the second or third of the next month.

The

trip was not of primary importance for us, but rather,

Jose Narvaez to De la Guerra, Monterey, October 10, 1822, in De la Guerra, op. cit., vi, pp. 119-20. Of the letters written to De la Guerra pertaining to the business of the meeting the only one which sheds light on the next governor, and his election, was the letter written by Captain Narvaez. He said, lfBy this mail you will know the result of the meeting and what took place in this capital day before yesterday, so that the Gov­ ernor- Interno will remain when the present one retires. He will be elected by all the officials of the Province, by arrangement of the instructions that the comisionado brings, so that the employment will fall on one accus­ tomed to it. I suppose it will fall on you or Luis, to establish the constitutional government.n

123 leads us to conjecture about the political plotting that must have been done by Fernandez and the leader of the soldier escort.

This leader was Captain Luis Arguello

of the presidio at San Francisco.

It was the same Cap­

tain Arguello who had been at the meeting held at Gov­ ernor Sola's house but three days previously, and who must have been discussed as a possibility for the gov­ ernorship, or at least considered a possibility in the' minds of some of those present, as indicated in the letter of Navarrete to De la Guerra.

To have the com­

mandant of the presidio bordering on Russian territory lead the expedition was only logical, but at the same time it must have proved a golden opportunity for Luis Arguello.

Undoubtedly, as their horses cantered along

side by side, as they shared food cooked over the same fire, and sat before the smoldering embers at the close of the day, they discussed the political situation at length.

It was probably on one of those October days

that Agustin Fernandez decided he had found his man for governor. When the Canon returned from Bodega, he found that the officers would in all probability not vote in accordance with his previously implied wishes at the meeting held on the eighth of October.

In fact, some

12^

of the votes had already been cast and mailed to the capital, and were not in conformity with the Canon's plans.

Estudillo wrote from San Diego on the eleventh

of November that he voted for De la Guerra and presumed the election was over. 27' This reversal forced Fernandez to once again consult his instructions and this time he came forth with the announcement that the deputacion must have a voice in the election.

This was the coup de

grace which shattered all political hopes of De la Guerra and left him standing at the threshold of the coveted position of top man in the province. cult to forecast the results.

It was not diffi­

The members of the depu­

tacion all voted against De la Guerra in favor of Luis Arguello, and the officers with but few exceptions voted for De la Guerra.

As a result, on the ninth or tenth

of November, Don Luis Arguello, a Californian, became the first California governor under the regime of Iturbide. When the results of the election became known, De la Guerra was bitter and did not hide his feelings concerning the outcome.

His many friends were indig­

nant and charges were made that the vote of the deputacion Jose Estudillo to De la Guerra, San Diego, Nov­ ember 11, 1822, in De la Guerra, op. cit., vi, p. 111.

125 had been bought.

The correspondence on this historic

event consists chiefly of letters written to De la Guerra by his close friends who wished not only to charge cor­ ruption by the deputacion, but also to console De la Guerra in his failure to obtain this coveted post. Estudillo wrote on the twenty-first of November saying 28 that he had seen the circular of election, . . . and having taken in all the votes of all the deputies you came out with the same number, and as our chief (Sola) ceded his, another (Arguello) has been declared. Whole heartedly I give you good advice not to secure to your shoulders such a weight in so critical a day, for being a Eur­ opean anything may be attributed to you. Let us be satisfied that it is better: time will tell. Juan Malarin wrote to De la Guerra before the month of November closed.

He said that Ramirez voted

for him, Estrada for no one, and Santiago Arguello was not permitted to vote probably because he was the bro­ ther of Don Luis.

The voting came out even, but this

did not last long for there was a change in the votes of the south. The deputacion all voted in favor of 29 Luis. In a letter on the twenty-fourth of the same month Juan Malarin again wrote to De la Guerra inform­ ing him that aboard the boat "San Carlos," which was

Jose Estudillo to De la Guerra, San Diego, November 21, 1822, in De la Guerra, op. cit., vi, p. 112. Juan Malarin to De la Guerra, Monterey, Nov­ ember 2 2 , 1822 , ibid., p. 113 .

126

sailing back to Mexico with Canon Fernandez, he had a chance to talk of the past election with the Canon and the captain of the "San Carlos, Narvaez.

Malarin

claims that often he called to the attention of Fer­ nandez that injustice which had been done De la Guerra. To all this Fernandez replied "that it was necessary to be constitutional at the present day on account of the many rivals that there are, and to please excuse him with regard to the inconveniences that you have had."

In a later conversation on the same voyage,

Fernandez, when speaking of the election, said "that he had not done anything; and that the votes of the deputies had been proven."

To this Malarin pens:

"The truth of God help them, for the facts are vis­ ible to the eyes."^° In addition to the charges of corruption, the cry of secionalism broke forth from Los Angeles when Anastacio Carrillo wrote that "those in the north had their own way in electing Don Luis." 31 Another bro­ ther-in-law, Joaquin Carrillo wrote to De la Guerra, on the twenty-second of November, telling of the cele­ bration, which included excellent fireworks, for the 30

Juan Malarin to De la Guerra, Monterey, Nov­ ember 24, 1822, ibid., vi, p. 126. 31 Anastacio Carrillo to De la Guerra, Monterey,

127 arrival of the new governor Don Luis Arguello.

Appar­

ently certain documents had been written by De la Guerra and his friends which were not complimentary, 32 for Joaquin Carrillo adds: There are so many documents about him, but you and I believe firmly that the deputados here who elected him are sorry. Do not be troubled about your letters. Before you wrote I had al­ ready separated them from the others, which would not be placed in the archives. I have just put them in my trunk, to take them away instead of burning them. Meanwhile, De la Guerra was not taking his de­ feat very gracefully, for he received a letter from San Diego from the captain of the ”San Carlos,” Jose Maria Narvaez.

‘ The letter which was penned whiie the

Canon was trying his

iu c k

at cards, admonished De la

Guerra to place himself in harmony with the administra33 tion and to avoid criticism. He said: I heard they attribute to you some feelings against the constitution, as for instance, not having placed in action the Regidor or Alcalde of the presidio. I wish it were not so, as also

November 18, 1822, ibid., vi, p. 9132 Joaquin Carrillo to De la Guerra, Los Angeles, November 22, 1822, in Bowman, op. cit., Sec. I, p. 155. 33 Jose Narvaez to De la Guerra, San Diego, January 2, 1823* in De la Guerra, op. cit., vi, p. 122.

128

that you would conform yourself with your luck, without the loss of a moment, and avoid the public insults that have been given. I am of the opinion that you ought to be glad that you have not charge of this province under the present circumstances as it would bring nothing but disgust and worry, and more so in the future. Repercussions of this election were still evident as late as 1840 when a book was published in Paris en­ titled, Voyage Around the World by the Frigate Venus, During the Years 1836-1839-

The author of this book

was the captain of the "Venus," Abel du Petit-Thouras, who had sailed his boat with three hundred seamen into Monterey Bay in October of 1837•

The expedition was a

scientific venture which aimed to investigate the whale fisheries of the North Pacific with the idea of devel­ oping and protecting French interest' in that area.

The

good Captain Petit-Thouras, while at Monterey, gathered original documents on California while his crew recov34 ered from the dread scurvy. Armed with these documents *^4

Bancroft, op. cit., IV, pp. 149-50- Bancroft . says: "The French navigator gives an excellent sketch of Californian history for the ten years preceding his visit, especially of the revolutionary troubles than in progress, and of the actual condition of the country, its people, and its institutions. Naturally the author fell into some errors. But from no other single work, I think, could so complete and accurate an idea of the subject be obtained. He was the first of the visitors to collect original documents, ten of which, relative to the revolution, and for the most part unknown to other writers, are presented with translations."

129 and other information he had collected on his trip* he was able to write a book in which appeared this state. 35 ment: Don Luis de Arguello governor of California in 1823-24, was a Californian by birth. Don Jose de la Guerra y Noriega, a Spanish officer by the same rank (Captain) as the governor, could not bear to be commanded by a Mexican officer and perhaps partly influenced by a spirit of discontent caused by pol­ itical changes, sought to get up a party and pos­ sess himself of the power. But the public opposed this attempt and Noriega was obliged to betake himself to the presidio of Santa Barbara where since deprived of his functions he has continued to inspire among the Californians strong feelings of hate for the Mexicans, using every means to put the latter in the light of oppressors. This statement is most certainly a gross inac­ curacy and shortly after its appearance in print De la Guerra took pen in hand, in the same manner as he had taken the sword in defense of California, and wrote with vengeance as he defended himself against these false accusations by Petit-Thouras.

This statement

o f D e la Guerra was printed in one of the newspapers in Mexico and read in part: There appeared in Monterey a certain Senor Racionero, ^/Agustin Fernandez/^ with some commission

Abel du Petit-Thouras, Voyage^ Around the World by the Frigate Venus, During the Years lE36-lt>39, II, 90.

36

De la Guerra to Mexican Newspaper, in Documentos para la Historia de California,” Vol. iv., Doc. 1376, pp. 1154-61. The uSenor Racionero” referred to

130 from Senor Iturbide. Shortly after his arrival he asked the governor one day who was going to take his place, and the latter replied that by rights the office should fall to me, but since Senor Racionero, perhaps because of our old friendship, wished to free me of a charge which would be serious, proposed that since Don Luis Arguello and I were of the same class, circum­ stances made it appropriate that the officers should vote and that the majority of these should determine which of us two was to occupy the post. This was done, and when Senor Racionero learned that all the votes of the garrison, and one or two exceptions, were in my favor, he made another proposal that the provincial deputation assemble and that the majority of their votes, ignoring those of the officers, should determine which of the two candidates was to be chosen for the posi­ tion in question, and since the gentlemen who comprised the deputation were or had been in most part soldiers of the rank of sergeant or less, it was very easy for Senor Racionero to bring them around to his way of thinking, and he won the majority, in virtue of which Don Luis Arguello was declared interim governor. Of these details the inhabitants are well informed, as well as the Captain of Artillery Don Jose Ramirez, who at­ tended the meeting, and who is at present in this capital. This then is what happened in regard to gov­ erning, and no one can show that I have shown the least resentfulness because of the choice of my competitor Don Luis Arguello for we always looked on each other as brothers; I was his padrino ^godfather^ by marriage, and I attended to all the details of his wedding for which reason it is not conceivable that it would repel me to serve under his orders, since such bonds of close and neverbroken friendship link us, and I was aware that he did not seek the fate which befell him.

above was used as a title of disrespect, and signified De la Guerra’s attitude toward Fernandez. Literally, a racionero is a church official who receives a prebend, or- stipulated income.

131 Of the few truths which appear in the pamphlet of the gentleman is that which says that I am a Spaniard by birth, but this quality of which I am very conscious has been and will be a strong stimulus toward working with the honor which has always distinguished the sons of that estimable nation, this occidental origin never has caused me to fail my obligations and during my career before and after Independence without distinction I have respected Spanish, Mexican, and Californian chiefs, and I am certain that none of the many who still live can rightfully accuse me of pre­ sumptuousness. The fact that De la Guerra had come from Spain to the new world at the tender age of nine years, had sworn allegiance to the new government, and had carried out its edicts to the best of his ability, did not pre­ vent men in many key positions in the new government, and especially those in far-away Mexico, from looking upon De la Guerra with apprehension.

The mere fact

that he had been born in Spain was sufficient, in their minds, to cast doubt upon his loyalty to the new re­ gime.

Also, his long record of loyal service to the

king of Spain could not be dismissed.

This cloak of

suspicion enveloped De la Guerra for the rest of his life. In spite of the growing resentment against Span­ iards in the new world, it appeared, in the years 1823 to 1827* as if De la Guerra in Far-off California would be accepted as a Californian and his Spanish birth

would be overlooked.

Especially was this true on the

part of those who knew him, and had worked with him, for they appreciated his merits.

Among those who sought

his support was none other than his erstwhile rival Luis Arguello.

After Luis had been confirmed in office

he wrote to De la Guerra and solicited his favor in the administration of the new government.

Because of De la

Guerra’s knowledge of the activities of southern Calif­ ornia he was confirmed in his position as commandant at Santa Barbara which also included the additional responsibility of jurisdiction of the pueblo Los Angeles. 37 The successor to Luis Arguello as governor was Jose Maria Echeandia who came from Mexico and received the governorship from Luis in November of 1825.

Like his

predecessor, Jose Maria Echeandia also acknowledged the merits and services of De la Guerra and had him confirmed in his position.

In fact, Guadalupe Victoria, who was

then President of Mexico, sent from the palace of the federal government the order which confirmed the rank of Captain of Cavalry of the Company in the Presidio 38 of Santa Barbara upon D e l a Guerra.

Luis Arguello to De la Guerra, Monterey, Dec­ ember 4, 1823* in Bowman, op. cit., Sec. I, p. 169. 38 Guadalupe Victoria to De' la Guerra, Mexico, December 23* 1826, ibid., pp. 213-14.

133 As Jose Maria Echeandia became accustomed to life in frontier California, he noted that the deputa­ cion which had come into existence at the accession of Governor Luis Arguello had also been suspended by him.

Therefore, by the end of 1826, Echeandia called

for a new election.

This new election was not only

for the purpose of electing a representative deputacion but also to elect a deputy to the national congress in Mexico City.

The five electors from the five districts

met at San Diego on February 18, 1827> where on the first ballot Pablo de Sola, who was acting deputy to the national congress for California, was chosen.

Grave

doubt was expressed as to whether Sola could be consid­ ered a resident of California, and because of the urgent necessity that the territory be represented the vote was reconsidered and Captain Don Jose de la Guerra y Noriega was unanimously elected to represent California in the national congress with Gervasio Arguello to act as substitute.

Most certainly they could not have made

a wiser selection, for De la Guerra, because of his many years of residence and devoted service, was most certainly acquainted with California's peculiar problems. Although De la Guerra was to represent California for the period 1827 to 1828, he did not depart until

134 January of 1828.

Before his departure, many of his

friends expressed anxiety for De la Guerra in this new venture to Mexico City.

At this time, the Mexican Cong­

ress was definitely anti-Spanish and there was talk of a proposed law which would mean the expulsion of all Spaniards from Mexico and her outposts.

Possibly this

is the reason De la Guerra delayed so long before his departure from California.

His son-in-law, William

Hartnell, said on March 22, 1827* in a letter to De la Guerra: ^ I feel very badly to hear the news of the new honors that have been conferred upon you by this Nation, for I am well persuaded that you would rather live quietly here than in that turmoil. If what the Comisario says is true, you ought to do your utmost to excuse yourself from such a charge. This senor has told me that in a re­ cent, decree no Spaniard can be elected Diputado in the Courts, no matter how prominent a citizen he may be. And if you go to Mexico, it is very probable that the government will not recognize you and you will have a serious disappointment. Echeandia sent a passport to Santa Barbara for De la Buerra and two of his sons, In January of 1828, and also a letter of recommendation which was addressed to Don Manuel MIer y Tiran-.

In this letter to Mier,

Echeandia solicited the aid of Mier in obtaining other

39

William Hartnell to De la Guerra, Monterey, March 22, 1827* in Bowman, op. cit., Sec. I, pp. 218-19.

135 recommendations for De la Guerra in order that he

/

might carry out his mission as deputy for California. He told Mier that he would find De la Guerra, ,f. . .an excellent person . . . worthy of appreciation for his honest way of proceeding and circumstances that make 40 him worthy of your esteem." The fears of Hartnell were well-founded, for eight days before De la Guerra arrived at the capital, he received the disheartening news that his substitute, Gervasio Arguello, who was in Mexico as habilitado for the Californians, was seated in his place.

Gervasio

Arguello was the younger brother of Luis Arguello and, according to Vallejo, was an arrogant man of little accomplishment whose desire to figure as legislator 42 darkened his clear reasoning. Gervasio Arguello took advantage of the great ill-will which was prevalent throughout the Mexican Republic against the Spaniards 42 and had himself appointed deputy, alleging that: . . . (the) real deputy was of a nationality whose citizens were marked with a stigma of being dangerous to the public peace: that fal­ lacy gave him one more vote among the members of Congress who were all Mexican by birth and 40 _ Jose Echeandia to Manuel Mier y Tiran, Santa Barbara, January 30* 1828, in Bowman, ojd. cit., I, p. 223

41

Vallejo, op. cit., i, pp. 98 -9 9 .

1.36 hastened to give him the seat which belonged to Senor De la Guerra. When De la Guerra did arrive in Mexico and found the ill-will expressed toward him because of his Spanish birth, he abstained from even presenting his credentials. Fatigued by the long trip to the capital, dis­ appointed by his failure to be seated in the national congress, and worried by an expulsion law which congress passed on March 20, 1829* affecting all Spaniards, De la Guerra was undoubtedly happy to have been issued by President Guadalupe Victoria a passport, dated December l6, 1828, to return to his beloved California and to the bosom of his family.

Of the return trip we have

but little information other than that his passport was visa-ed at San Bias May 16, 1829* and that he was tossed about in heavy seas for sixty-two days in a very 44 unseaworthy craft. Before the end of July, De la Guerra was once again at Santa Barbara, and he immediately wrote to his 42 43 44

IMd. , p. 99. Bancroft, nDe la Guerra Notes.n

Juan Martiarena to De la Guerra, Tepic, May 24, 1830, in Bowman, op. cit., Sec. I, p. 238.

137 friends in Mexico regarding this dread expulsion law which included all of Spanish birth with but few excep­ tions.

In August of the same year, De la Guerra peti-

tioned Congress for his right to remain in California. One of the first letters De la Guerra received regard­ ing this law came from his political antagonist, Ger­ vasio Arguello, who wrote that the Chamber of Deputies had approved the law for the expulsion of Spaniards, and that the government had arrested many, and that it 46 was not known how it would all end. The one ray of hope in the letter was that Santa Ana had exempted the married men, so that the Spaniards would not have to leave little children nor old people. The friends De la Guerra did have in Mexico be­ gan at once to campaign for his exemption under the law. A motion was made by Congressman Juan Cayetano Portugal to make De la Guerra exempt under the law of March 20th. Apparently he had every reason to believe his petition would be acted upon favorably, as attested to in his 47 letter to De la Guerra on May 20, 1829. Enrique 4s . ^Bancroft, op. cit. 46 Gervasio Arguello to De la Guerra, Guadlajara, May 1, 1829* in Bowman, op. cit., Sec. I, pp. 227-28. 47 Juan Portugal to De la Guerra, Mexico, May 20, 1829 , ibid., p. 230 .

138 Virmond wrote from Mexico, in October of the same year, to tell De la Guerra that in his previous letters he had requested De la Guerra not to rush to comply with the law of expulsion because he had hopes that De la Guerra would be exempted.

The object of his letter of

October twentieth, 1829* was to tell De la Guerra that the President Senor Bustaraente had promised it.

He

was at that moment awaiting the document to send it to 48 him. The ways of justice are ofttimes slow and in the case of De la Guerra this most certainly proved to be the case.

A certificate of exemption was not drawn up

until April 14, 1830, and a copy was not remitted to De la Guerra by General Figueroa, who was then Governor 49 of California, until May 5th, 1833With the failure of Congress to seat De la Guerra in 1828, his political itinerancy in the interest of his fellow-Californians came to an end.

Never again was he

to undertake that long tedious voyage to Mexico to ful­ fill his duties as a public servant as he saw those

Enrique Virmond to De la Guerra, Mexico, October 20, 1829* in Bowman, op. cit., Sec. I, pp. 232-33. ^

Bancroft, t!De la Guerra Notes.”

139 duties.

In 1810, as habilitado, he had gone to Mexico

to obtain desperately-needed supplies for his fellowCalifornians only to become involved in the throes of a political revolution that was fast enveloping Mexico. In 1819, he again had received the trust of his fellow officers and Californians when he was sent to obtain relief which was even more necessary in the light of approaching attack and possible conquest by squadrons from Lima and Guayaquil.

This second trip, with its

hopeful expectancy for better days in California, had been only partially successful when the supplies ob50 tained for California fell far short of the mark. De la Guerra must have felt certain that as a politically-elected representative of the people of California he would fare better in Mexico on his thirdtrip.

The third time, as we have seen, however, still

did not prove to be the charm.

Again De la Guerra had

been thwarted when his efforts on behalf of the Calif­ ornians were never initiated because of the stigma of his Spanish blood, and because of the cupidity of the younger Arguello. The political star of De la Guerra disappeared

See chapter II, "Habilitado," for an account of the two previous trips to Mexico by.De la Guerra.

140 from the horizon with his failure to be recognized in Congress * in 1828.

It can simply be said that his royal

Spanish birth and ntoo many Arguello’s" were the causes for his failure to achieve the success that was most cer­ tainly due one who was so generous with his time and talents in behalf of his fellowmen.

De la Guerra was

a product of his age— a son of Royalist Spain.

His

rapid rise in the military forces was due to his favored birth; and his political descendancy came when Spain’s colonial empire in the new world slipped from her grasp as nation after nation in Latin America declared their independence.

When Mexico declared her independence

from Spain in 1822, De la Guerra was denied his most important support, and his political career, coupled as it was with the political status of his native Spain, came to an abrupt halt. De la Guerra never again figured in the political spotlight, but the importance of his presence behind the scenes as an astute politician can not be underestimated; for, because of his honored military career, . . . whose pages of service had amounted to over thirty years meritorious efforts in the public behalf; efforts made in daylight, and services

Vallejo, op. cit., i, p. 9 9 .

Ikl

witnessed by all the good people of California who were ready to give testimony of the loyalty and courage with which Captain De la Guerra had placed his individual goodness in the treasury of the communal good . . . not one of the public employees would dare undertake radical changes in the routine of their office without first consulting him.

CHAPTER

V

EL HOMBRE* His large fortune and fine character were the cause of his enjoying a great influence in the country. Duhaut-Cilly One of the best accounts of life in California during the Mexican period is the account by the distin­ guished French scholar* Auguste Duhaut-Cilly, who as commandant of the French ship nLe Heros*' visited Cal­ ifornia waters in 1827 and 1828.

During his visit his

commercial activities took him several times from the Russian settlements north of San Francisco to San Diego in the south* and permitted him to observe Californians and California institutions with discrimination.

Ban­

croft says of Duhaut-Cilly that his opportunities for observation were more extensive than those of any for­ eign visitor who preceded him.1 On March 26* 1827* William Hartnell wrote his father-in-law* De la Guerra* that he would find the *

The man.

1 Bancroft* History of California* II* p. 130.

143 commandant of the French frigate a "gentleman of such amiable qualities that I do not need to recommend you 2 to do whatever favors or help he may need." Hartnell further stated that Duhaut-Cilly was quite anxious to bring De la Guerra seven square beams for his new home 3 which was then under construction at Santa Barbara. Several other visits to Santa Barbara and the De la Guerra residence led the Frenchman to pen the following words:^ In Don Jose we found a well informed and estimable man, surrounded by a large and charming family, from whom we had a gracious and hearty reception. His large fortune and fine character were the cause of his enjoying a great influence in the country. This graphic description of De la Guerra by an outsider is undoubtedly one of the best verbal pictures extant of the venerable old Californian.

Quite often

outstanding accounts of people and institutions of a particular locale are drawn by foreigners rather than by natives who as a part of the scene itself fail to see the trees for the woods. 2

William HartnelJ to De la Guerra, Monterey, March 26, 1827, in Bowman, "De la Guerra Documents," Sec. I, p. 219. 3 This is the De la Guerra home which stands to this day on De la Guerra Street in Santa Barbara. One wing of the home is being used as a small gift and souvenir shop. ^ Charles Franklin Carter, translator, "Duhaut-

144 Most certainly a great deal of the influence that De la Guerra wielded was due to the fortune which he amassed in his fifty-seven years in frontier California. The greater proportion of the wealth, in the form of worldly goods which he did accumulate, was obtained through a medium of exchange which was peculiar to Cal­ ifornia in the first half of the nineteenth century. At that period in the history of California a man’s wealth was determined by the number of cattle he pos­ sessed, for cattle were sold not for their meat but for their hides and tallow.

Even before California

became a Mexican province, ships came from as far away as Lima and Guayaquil for botas, or hide sacks filled with tallow, and Boston merchants sent their elipper ships around the Horn for hides which were converted into sundry leather articles in far-away United States. In order to raise cattle, it was necessary to have vast acreage for grazing lands, and in California such areas were called ranchos.

Immediately after his

return from Mexico in 1820, De la Guerra busied himself in obtaining ranchos.

Perhaps the birth of the sixth

Clily’s Account of California in the Years 1827-1828," California Historical Society, Quarterly, June, 1929, P. 157. p. 157

145 child in the De la Guerra family, which meant another mouth to feed, coupled with the fact that he would in all probability be located in California permanently, caused De la Guerra to become interested in obtaining grazing sites.

His first recorded request for land

was addressed to Governor Sola when he asked for the Piru and Sespe grants.

However, he was denied posses­

sion of this territory because of vigorous protests from the padres of the Santa Barbara and San Buena­ ventura missions.^

The quarrel that ensued between

Father Senan and De la Guerra was not at all pleasing to Sola, and to keep peace he granted the old El Conejo grant to Captain De la Guerra on October 10, 1822.

This

land had originally been granted by Governor Arrillaga to Ignacio Rodriguez and Jose Polanco, but had later been abandoned.^ The next move of De la Guerra was to acquire additional holdings and consolidate them in the south­ land.

He obtained from Carrillo the Las Posas grant of

about six square leagues, and then purchased the Simi

5

Bancroft, oj9o. cit.,, II, p. 566.

^ The area conferred to De la Guerra comprised a little over eleven square leagues, or 48,671-56 acres.

146

grant from Rafael Pico for $1,019., of which he paid $819 in cash and the remainder in goods.

On acquiring

the Simi land, he found as occupants the widow Maria Ramona de la Luz Carrillo and her two children, who later contested De la Guerra's right to the land.

De

la Guerra, claiming the land, informed the widow that her busband had only been loaned the land for a time. Fortunately, there was other land available and, through the

efforts of Governor Alvarado, she was granted land

called Suey, adjacent to the La Purisima Mission. In view of the trouble De la Guerra had in oc­ cupying Simi, he decided to obtain a title, and pro7 ceeded to write the governor: I have acquired the Rancho Simi, from the an­ cient owners of the same for the price agreed upon, as is shown in the deed of sale which is herewith presented. I have also occupied the land under the contract for the last nine years, but as during former times of the Government it was not customary to give an absolute concession of land, I am convinced that by my purchase I only acquired the right of possession which be­ longed to the former owners of this property. In order to remove all doubts in relation to the matter and to secure said rancho to my heirs, I ask Your Excellency to issue me a title to the same as if the land were vacant. Governor Alvarado, acting in accordance with the proof

^ Maud Adamson, "The Land Grant System of Gov­ ernor Alvarado," p. 102.

147

g presented by De la Guerra, Issued him a title.

Simi

was no small rancho, being the third largest land grant in the province.

It covered about twenty-five and one9 half leagues, or 113,009.21 acres. San Julian, sometimes called Rancho Nacional, was the last of the four great De la Guerra grants and was issued by Governor Alvarado in 1837 when he consid­ ered "the triumph of his cause complete.

At this

time the country was more or less pacified under his rule, and he felt he could reward his southern adherents who had aided his cause.

De la Guerra informed Alvar­

ado that he had filed such a request six months before, but nothing had been done; probably "because His Honor was occupied by matters of greater importance."

De la

also informed the governor in the same letter that his large family and services warranted approval of his o Ibid., p. 103. 9 In comparison to Simi, Las Posas contained slightly over six leagues, or 26,626.36 acres. Bancroft, ojd. ei_t., III, p. 509* In granting this rancho to De la Guerra* Alvarado later wrote: "I decided that I would concede the Rancho Nacional to Captain De la Guerra y Noriega as a reward for his services, and in approbation of the increasing number that the Governor General and the state would receive from this illustrious gentleman." (Adamson, op. cit., p. 118.)

148 request.

11

Alvarado was not unmindful of the aid which

had been rendered, so on May 10th, 1837* be made De la Guerra a private grant of the presidial rancho of San Julian, and to the soldiers of the presidio he gave the 623 head of livestock.1^ But two years after the receipt of San Julian, De la Guerra was again petitioning the governor for additional land in order to further engage in stock raising.

This time he requested, in conjunction with

Robert Livermore, the right to Rancho Las Positas which had been abandoned by its owner, Guillerma Gulnac. 1 3 Alvarado checked all the reports pertaining to the mat­ ter and then issued a title.

This land, which origin­

ally belonged to the Mission San Jose, comprised two leagues, or 8,880 acres.

14

The above-mentioned grants plus several other smaller holdings embraced a total of 334,206.91 acres, 11

Adamson, op. cit., p. 118. Bancroft, op. cit., III, pp. 63O-5I.

13

This land had been granted to Guillerma Gulnac on August 8 , 1834. 14 Don Jose was not the only member of the family to acquire land during this period. His son, Jose Antonio de la Guerra y Carrillo, obtained Los Alamos, and his daughter, Maria Antonia, received several large concessions.

149 which made De la Guerra one of the largest land-holders in the province; and Simi of twenty-five and one-half leagues was the third largest single land grant in California. 15 It was on these lands that Don Jose De la Guerra and his six boys pursued their occupation as rancheros, herding their livestock from range to range ever in search of succulent grass.

At least once every year

the cattle were rounded up and branded and some were slaughtered for their hides and tallow.

This cattle

business proved to be an increasingly profitable busi­ ness for De la Guerra, for as early as l8l6 he was re16 ceiving from four to six dollars a head. One ranch of De. la Guerra alone grazed tens of thousands of cattie in its more productive years. 17 Under the admin­ istration of his sons the De la Guerra herds decreased so that upon De la Guerra's death in 1858 an inventory of his estate revealed that he had only six thousand

15 The major De la Guerra land grants of Simi, El Conejo, San Julian and Las Fosas totaled 236,525*81 acres, while his minor holdings of Corral de Quati, La Zaca, Las Positas and two Cuyamas increased his lands by 97*681.10 acres. *1 ^

Bancroft, op. cit., II, p. 4l8, footnote. 17

p. 2 8 .

Robert G. Cleland, The Place Called Sespe,

150 head of cattle remaining; but the price of* hides was considerably higher, for the herd was valued at $78,000 lb or roughly thirteen dollars a head. The De la Guerra fortune was not amassed entirely through his successful administration as a rancher, for a good portion resulted from his flourishing commercial ventures.

Soon after his entry into California, De la

Guerra had assumed the unique and enviable position of 19 Storekeeper for California. His uncle, Pedro Noriega, successful merchant in Mexico, with whom De la Guerra had served an apprenticeship upon his arrival in the new world, sent consignments of goods to De la Guerra to be sold to the Californians.

From the outset their

business was a success, for the competition on the part of the private individuals in California was very lim­ ited and supplies shipped by the government from Mexico did not arrive regularly and consisted primarily of stock commodities which did not take into account the individual tastes of the consumers.

As habilitado of

presidios Monterey, San Diego, and Santa Barbara, as well as habilitado for California in 1810 and 1819*

1 8

19

T,

Bowman, op. cit., Sec. I, p. 493.

A book could well be written on this subject alone, for well over half of the De la Guerra corres­ pondence consists of letters requesting specific goods.

151 made De la Guerra not only cognizant of the needs of the Californians, but primarily acquainted with many Californians who became his customers when he ventured into business for himself.

20

Requests for specific articles of commerce, or reports on consignments of goods which had been sent, or were in the process of being sent, comprise the bulk of the De la Guerra correspondence.

The political news,

not only of Mexico, but of the world was often sand­ wiched in between commercial transactions.

A typical

letter is one of May third, 1822, from Joaquin Astiasaran at Tepic:

21

I do not know if I have told you that they are delivering to Don Jose Medina the seventy-eight pesos for the six otter skins that you sent me of the 7th of December, 1820. My friend, we are not only now independent but we are also in a particu­ lar manner as last night there came a notice that Spain not having recognized this emancipation, the troops proclaimed Iturbide, emperor, and he was soon recognized by the Mexican Congress. We are expecting him here every hour. War, we will al­ ways have. We would not be with you in those distant lands, where nothing is heard. May God help us.1 The seven large furs and the three small ones you sent on the 14th of June, settled the ac­ count of the handkerchiefs and all the jackets I sent to you.

PD

21

See chapter II, "Habilitado.”

Joaquin Astiasaran to De la Guerra, Tepic, May 3 9 1822, in Bowman, op. cit., Sec. I, pp. 146-47.

152 It should be pointed out that while in the main the customers of De la Guerra were usually satisfied, there were occasional complaints.

One of the most

amusing letters of this type was written to De la Guerra by Pray Jose Senan who said:

"I thank you very much

for the handkerchiefs you sent me.

I could very well

make use of them if it were not that they are so coarse, for my nose is very delicate and if I used one that was not fine it would be much inflamed.

I will find some

one to give them to and God will repay you." Payeras also wrote:

22

Pray

"I received some samples and ac­

cording to your note I return six razors which the 23 Indians say are no good, not even to them." At first, De la Guerra was entirely dependent upon the yearly government supply ships to bring his consignments from Mexico, and their* failure to arrive in California waters because of unsettled conditions in Mexico curtailed his commercial activities.

This

hurt his business so much that De la Guerra thought seriously of purchasing a boat which could not only 22

Pray Jose Senan to De la Guerra, Mission San Buenaventura, April 23, 1818, in Bowman, op. cit., Sec. II, p. 226. 23 Pray Payeras to De la Guerra, Mission La Purisima, April 9 l8 l8 , ibid., Sec. II, pp. 221-22.

,

153 be used for the purpose of transporting goods from Mexico but also in coast-wise trade.

In 1829* De la

Guerra, while in San Bias, bargained with the owners of the schooner "Dorotea," which was anchored at Mazatlan, in an attempt to purchase an appreciable share of the 24 boat. De la Guerra was to pay for his share with tallow.^

Before leaving for California, he loaded

the schooner with an assorted cargo, and took on board as passengers Abel Stearns, Sherman Peak, and a Scot named Kinlock.

After sixty-two perilous days at sea,

De la Guerra landed at Monterey where he was warmly received by his old friends.

In the meantime, his

schooner continued on to San Francisco where De la Guerra met it after an overland trip from Monterey.

At San

Francisco De la Guerra had no difficulty in disposing 26 of his cargo to the padres. The next year, 1830, found De la Guerra inter­ ested in another boat. 24

This time it was the American

J. Machado to De la Guerra, Mazatlan, March 25, 1829* ibid., Sec. I, p. 22525 J. Machado to De la Guerra, Mazatlan, April 29, 1829* ibid., Sec. I, pp. 226-27* 26 Alfred Robinson, "Sketches," as cited in Ban­ croft, "De la Guerra Notes." It was also noted that Bancroft did not list the "Dorotea" in California waters in 1829* Bancroft, History of California, III, p. 146.

154

ship "Danube” which was wrecked upon the rocks off San Pedro shortly after its arrival in California waters. De la Guerra recognized an excellent business opportun­ ity so he and William G. Dana purchased for $5*077 the 27 hull and supplies of the "Danube." The goods were valuable for resale to the Californians, but De la Guerra was equally interested in the damaged "Danube" which he hoped to have repaired to be used in coast-wise trade. After further inspection it was deemed advisable to build a new vessel from salvaged parts of the "Danube."

Ac­

cording to Michael White, an American in California, he and his cousin Henry Paine constructed such a vessel 28 for De la Guerra. Carlos Carrillo was taken into the venture, and his son acted as captain of the new ship which was christened the "Santa Barbara."

It was prob­

ably the earliest product of California ship yards. Failure of supply ships to arrive from Mexico between 1810 and 1820 finally forced Governor Sola to disregard certain trade restrictions and drastically to modify others in the interest of the military personnel and missionaries in his jurisdiction.

If a foreign

vessel entered one of the California ports desperately 27 ' Bancroft, op. cit., p. 146. 28 Ibid., II, p. 140, footnote.

155 in need of supplies, those supplies were to be furnished, not primarily for the goods received in exchange for the supplies, but chiefly for the sake of the destitute mariners.

The goods the foreign vessels had to offer

were naturally appreciated by the Californians who in many respects were more destitute than the foreign seamen.

Sola insisted that the commandants make certain

that the crews of foreign vessels in their ports were at the point of starvation, and that a report of such vessel be made to him before any trading commenced. Apparently Sola had little faith in the honesty and zeal of his commandants at San Francisco and Santa Barbara to prevent illicit trade.

De la Guerra wrote

to Sola that vessels can not lie along at anchor off 29 Santa Barbara without danger from storms. De la Guerra was not eager to send these foreign merchants on their way for he, like nearly all other Californians, person­ ally profited by this illegal trade.

Undoubtedly no

small portion of the De la Guerra fortune was acquired through contraband trade with merchants from all corners of the globe.

September of 1821 found the Boston ship

"Eagle" under the command of Captain Eliab Grimes in

Bancroft, op. cit., II, pp. 284-85.

156 Santa Barbara waters.

After five days of trading, Eliab 30 Grimes had the following remarks to make: It would be advisable at this place to always deal with the commandant in the first instance as in that case he will lay no obstacle in the way of trading with these although he requires a duty of twelve and one-half percent on all goods not sold to himself— these are free. Almost all foreigners who came to California by sea, prior to 1849* were merchants interested in trade with the. Californians, and all of them who stopped-in Santa Barbara were not only glad to do business with De la Guerra but to count him among their friends.

In

1842, William Heath Davis was introduced to Captain De la Guerra, who welcomed him cordially upon learning that he was the son of William Davis, from whom he had bought largely many years before. 31 Young Davis said: "I was quite a favorite of his and came to know him well.

While supercargo of the 'Don Quixote' in 1842

and 1843* I made four or five sales to him ranging from 32 $2,000 to $4,000 each. 30

Captain Eliab Grimes, Logbook of the Eagle,

p . 64. 31

William Heath Davis, Jr.* first came to Calif­ ornia as a boy in 1831* on the ship "Louisa." His mer­ chandising activities brought him in and out of California ports until he settled down in San Francisco in 1847. He married Maria Jesus Estudillo, daughter of the Calif­ ornian, Jose Joaquin Estudillo.

157 De la Guerra was such a shrewd business man that he was able to acquire a fortune in gold and silver coins, which were never plentiful in pastoral California.

On

one of his visits to De la Guerra, William Heath Davis was taken to the attic of the De la Guerra home which was used exclusively as a place for De la Guerra to store his treasure.This room was

reached by a ladder which

could be removed when not in use.

Inside the room were

two old-fashioned Spanish chairs and twelve or fifteen woven baskets of different sizes all of which contained gold. Davis said: 33 The money amounted to a considerable sum in the aggregate. I was not to see so much coin in the possession of oneperson in a country where the wealth consisted mainly of horses and cattle. The old gentleman said the attic was the safest place to keep it. I asked him how he managed to collect so much gold, and he replied that it was the ac­ cumulations of all the years he had been upon the coast. The Spanish soldiers, when they were paid off, spent their money freely, and he had supplied them with what they wanted, having carried on a store of his own.

William Heath Davis, Seventy-Five Years in California, 239* ^

rbid., pp. 240-41. Mention should also be made of the income which De la Guerra received from the family estate in Novales, Spain. At the end of 1820 or early part.of 1821, De la Guerra received news of the death of his father, and as the oldest son he in­ herited the entailed property, which according to Sola, must have yielded him a comfortable income.

158

Many articles were also required to supply his ranchos, and he paid his vaqueros in goods, as they had not much use for money, and on these he made more or less profit. He also sold his hides and tallow, besides otter and other fur skins for cash; and had thus collected his great treasure. He had no occasion to spend money except for purchases from the vessels. Being a good merchant and shrewd manager, he knew how to take care of money. William Heath Davis further relates that the De la Guerra boys, who were inclined to be wild, devised a plan of removing the tiles and, with an improvised pitchfork, drew coins out of these baskets from the roof above. Just how many they took before their trick was discov­ ered was never known "as the Captain did not know how much money he had in the baskets, of course he could not 34 tell how much he had lost. Now that the -source of the De la Guerra fortune has been explained, an attempt will be made to portray his fine character; for the combination of the two was the cause of De la Guerra’s exerting such great influence in California, and particularly in the vicinity of Santa Barbara, according to the French visitor Duhaut-Cilly. Before reviewing some of the characteristics of the venerable Californian, it is interesting to view the physical structure from which these varied traits 34

.

Ibid., p. 241.

emanated.

De la Guerra has been described by one of

the soldiers who served under him as being a man "rather Q (T

short in stature, rather stocky, fair.1

“Not only was

he short, but he had a flat nose of which he was often reminded by his friends in their correspondence.

They

enjoyed calling him by nicknames which were not the least bit flattering.^

De la Guerra, like such other

leading Californians as Alvarado, Vallejo,

and Alvarez,

wore his hair cut short as contrasted with the "middle0-7

blood people11 who wore their hair long. ' Of the character traits of De la Guerra remem­ bered by those who survived him, that of generosity is most often mentioned.

As one goes through the De la

Guerra correspondence, many letters are found express­ ing appreciation for loans or outright contributions. In January, 1825, his former superior officer, Jose Arguello, who had been made governor of Lower California, wrote De la Guerra a letter of thanks for the present of one hundred dollars which he had received to help 38 relieve his wants. Even while away from home on osz

Jose Romero, "Memorias,11 p. 12. Bancroft, ftDe la Guerra Notes." 37

Bancroft, California Pastoral, p. 400. Bancroft, "De la Guerra Notes."

160

business for his government, De la Guerra found time to sympathize with a destitute padre in Tepic.

Over

a year later, De la Guerra received a letter from this padre, Santiago Jayme, in which he said: 39 Perhaps you do not know who is- writing this to you and to recall myself to your mind, I will ask you to remember the padre that in the cuartel of the corporal of this pueblo you visited, and had the bountifulness to loan him thirty pesos, to pay for the necessities for which he was suffering. Finding myself retired.and without any help, this generous act has been well engraved in ray heart. The generosity of De la Guerra is probably best recounted by Streeter who, in his "Recollections," pointed out that De la Guerra had a keen interest in the welfare of his neighbors.

When Streeter visited

De la Guerra each day, the first question De la Guerra would ask was:

"Who is sick?"

This would be followed

by the second:

"Have they food or can they afford to 40 get what they need? Streeter then went on to say: If they were needy he at once told the narra­ tor to take the key to the store room and take them whatever they were in need of, and let them have it without naming him. If money was needed, that was also forthcoming. One case in San Buena­ ventura is worthy of mention. A man without means

39 Fray Santiago Jayme to De la Guerra, Tepic, December 3*'l8l2, in Bowman, op. cit., Sec. I, pp. 6062 . 40 William Streeter, "Recollections," as cited in Bancroft, "De la Guerra Notes."

l6 l was taken sick at the house of a friend also quite poor and with a large family. On the narrator’s telling Captain de la Guerra he handed him twenty-five dollars to give the sick man. Juan Bautista Alvarado, a governor of California during the Mexican period, said:

"it was a character­

istic of Captain Guerra to aid the poor and sick, and many of the ranchers who settled about Santa Barbara and Los Angeles from 1830-1840 were indebted to him for building materials and implements."

4l

Generous loans

of money were made by De la Guerra to cattlemen who were low in funds.

"These loans were made only on

promises to repay in beef cattle at killing season, or heifers, or in hides and tallow after the cattle had been killed, the lender taking the borrower’s word as 42 security, as was the custom." In the spring, delivery would be made by the borrower of the number of heifers agreed upon.

These heifers, which were more easily

domesticated than older cattle, would be added to the stock of De la Guerra; or if hides and tallow had been agreed upon, they would be brought and the debt canceled. The benevolences of De la Guerra were not re41 ornia,"

Juan Bautista Alvarado, "Historia de Calif­ pp. 157-58.

iv, 42

Davis, op. cit., p. 241.

162

stricted to Individuals, for the correspondence reveals many institutions and causes which were to receive con­ tributions as expressions of his warm-hearted support. In 1807, Fray Jesus Garriday, a friend, wrote a letter of thanks to De la Guerra for the gift of two hundred pesos to the College of San Fernando of the Franciscan 43 Order, located in Mexico. Fray Amoros wrote from Mission San Carlos in 1815* regarding one hundred-twenty pesos which had been advanced, in the name of De la Guerra, by Mariano, a friend of De la Guerra residing in Monterey.

Fray Amoros in his letter said, "I will

say that n^/e)ther he nor I know anything about such alms 44 to each of the missions.” While listing benevolent acts of De la Guerra, in order to obtain an appreciative estimate of his generous nature, one of the outstanding medical events in the first quarter of the nineteenth century should not be overlooked.

It was in the year 1823 that Captain

De la Guerra became acquainted with an American, who ap45 pears in the records as William Borris. On learning 4q

Jesus Garriday to De la Guerra, Tepic, May 3 > 1822, in Bowman, op. cit., Sec. I, p. 4l. 44 Fray Juan Amoros to De la Guerra, Mission San Carlos, August 3, 1815* ibid., Sec. II, p. 94. 45 ^ Bancroft thinks it was probably William Bouroughs.

163 that Borris was a doctor* or at least had some medical knowledge* De la Guerra proffered him a contract to sup­ ply medical treatment to the troops in and ahout Santa Barbara.

His contract* which was to run for four years

at two hundred-forty dollars* called for two visits to the sick at the presidio at nine in the morning and again at five in the afternoon* and visitation of the 46 sick at the missions on permit. Perhaps terms of the contract were not agreeable to Borris* for we hear no more of him in California after 1823.

The fact that

De la Guerra’s plan for medical assistance did not be­ come effective does not alter the fact that De la Guerra was a great humanitarian who had the interest of his people at heart. One of the shortcomings in the character of Dela Guerra* which was quite noticeable to visitors* was an ^ excessive air of self-importance. true in his later years.

Particularly was this

William Heath Davis in his

first meeting with De la Guerra in 1842* said that nhe received me with a good deal of dignity and coolness* and rather pompously*11 and it was only upon learning that Davis was the son of an old friend that De la Guerra 46 footnote.

Bancroft* History of California* II* p. 576 *

164 became responsive and made young Davis welcome. 47

This

staid attitude was probably the result of innumerable considerations which had been lavished upon De la Guerra because of his gentle birth, and positions of leadership accorded him in the military and civil government of his nation. It was extremely difficult for De la Guerra's son-in-law, Alfred Robinson, to reconcile De la Guerra's piety with his ’’almost universal distrust in the faithfulness.of his menials.”48 Robinson relates that it was De la Guerra’s custom to have the Rosary said after the daily siesta.

In this religious rite the whole

family had to participate. 49 present,

One afternoon Robinson was

. . . when in front of the house some Indians were busily employed in various ways, where the work of cutting up soap into small cakes was going on preparatory to placing it away in store, and also where upon the ground, spread upon a sail, was a quantity of wheat that had been washed, for the purpose of grinding it into flour, with a few lit­ tle urchins around to keep off intruders. The old gentleman, in order to have an eye to what was going on, placed himself in the doorway leading to the corridor, and then commenced leading off the prayer, while the different members of the 47 48 49

Davis, op. cit., p. 239. Alfred Robinson, Life in California, p. 253• Ibid., pp. 253-54.

165 family, seated on the floor gave the responses. The old gentleman, whilst apparently most devout in what he was repeating, all at once called out to the Indians who were cutting up the soap, 11Stop there.1 What are you about? Why do you cut it in such large pieces?" and after giving them a severe reprimand, he resumed the prayer. It was not long, however, before the author was startled again by his crying out angrily, "Hi, there.1 Drive away those rascally chickens from the wheat, and don’t let me have to speak to you again," and then with a solemn countenance, he continued the service without any further interruption. Robinson would have us know, however, that by compar­ ison with all his good qualities, De la Guerra’s eccen­ tricities were rare. In California, a great deal of laxity existed in troop discipline, but this was not true at the Santa Barbara Presidio when De la Guerra was in command. Rafael Gonzales, one of the soldiers who served under De la Guerra, relates an incident which gives us a pic­ ture of De la Guerra the disciplinarian.

The troop

was formed, and Corporal Miguel Lugo was asked by one of the soldiers in the ranks to call the sergeant, for he wished to know about his account.

Lugo then notified

Sergeant Carrillo, who came immediately and asked who wished to question his account. in the affirmative.

A few soldiers spoke,

Carrillo then summoned De la Guerra.

The commandant, De la Guerra, walked back and forth two or three times in front of the ranks; and asked who

166

wished to know his account?

No one answered.

50

Then he began to tell them that in such and such a place had been shot some soldiers who had said, "Is it possible that we eat of this bread?" and that in another place they had shot others for a similar cause. The result was that those who had spoken at that time asked to be pardoned if they had been at fault. Rigid discipline then in force made punishable by death the most trivial things. One of the weak excuses presented by Canon Fernandez for not supporting De la Guerra’s quest for the governorship in 1822, was revealed to Manual Varela, a friend of De la Guerra, by the Canon after his depart­ ure from California.

This information in turn was for­

warded to De la Guerra by Varela who said that Fernandez was feeling sorry that he had not left De la Guerra as Governor Interno, but several of the fathers counseled him saying "that you were too much of a tyrant for the office, and according to the circumstances that the troops are now in, it Is necessary not to stretch the cord too much." 51 The contemporaries of De la Guerra, when asked to tell about the character of De la Guerra, almost always spoke of him as being a very religious man--a

Rafael Gonzalez, "Experiences of a Soldier of California," p.

51 Manuel Varela to De la Guerra, Tepic, February

167 good Catholic who was always attempting to bring others within the pale of the Catholic Church.

The fact that

he was a devout Christian naturally made him popular with the padres, but this popularity was not purchased at the price of independence, for many were his argu­ ments with the missionaries regarding policy.

In Janu­

ary of l8l8 , Governor Sola had issued stringent orders that only a certain number of neophyte Indians formally appointed as vaqueros by the padres, as per lists fur­ nished by the corporal of the mission guard and other military authorities, would be permitted to ride.

Other

Indians found on horseback were to be arrested and pun­ ished.

In compliance with this order, of his superior

officer, De la Guerra incurred the wrath of Padre Senan of San Buenaventura.

Much correspondence ensued.

As

signs of a heated quarrel appeared imminent, it was ne­ cessary, in order to restore harmony, for the Prefect of Missions, Pray Sarria, to insist upon obedience by 52 Padre Senan to Sola’s order. De la Guerra, also, had differences in 1825 with padres of the Missions San Fernando and San Buenaventura. This time the difficulty was over land.

As early as 1821,

10, 1822, in Bowman, op. cit., Sec. I, pp. 143-44. Bancroft, History of California, II, p. 405.

168

De la Guerra had applied for grant of the Plru Rancho, which grant was also desired by Padre Ibarra of Mission San Fernando.

Padre Ibarra was already using part of

the Plru Rancho for grazing his mission herds.

Padre

Senan came to the aid of Ibarra, and as a result neither Ibarra nor De la Guerra received the land. ings arose.

Bitter feel­

In 1825* Padre Ibarra claimed the presidio

was a curse rather than a help to the mission, that his fugitive neophyte Indians were finding shelter in the presidio, that the soldiers should be raising grain rather than living off the toil of the Indians whom they robbed and deceived by their talk of liberty while in reality treating them as slaves.

This brought a

sharp rebuke from the commandant of Santa Barbara, De la Guerra, who told Ibarra he had better modify his 53 tone or he might suffer from it. As compared to the discordant relationships that often existed between the majority of the military per­ sonnel and the padres, De la Guerra’s dealings with the missionaries can be called quite harmonious.

Again his

commercial activities undoubtedly gave him an advantage over other officials, who had nothing to offer the padres In the way of material goods, but who, on the contrary,

53 Ibid, I I ,

pp.

569-70.

169 had to make frequent requests of the missionaries for food to feed their troops.

A good deal of the corres­

pondence received by De la Guerra consisted of solicit­ ations by the pa.dres for various and sundry articles from Mexico. De la Guerra gladly filled their orders for need­ les, handkerchiefs, cloth, cigars, sugar, chocolate, and other articles too numerous to mention; for in so doing he received the lasting gratitude of these padres far from the centers of civilization; and, more important to him personally, he received the cream of the mission produce.

From Fray Pedro Munoz came a letter which

bore the following postscript:

"I am sending two bar­

rels that Senor Jimenez ordered, and a basket of fruit 54 and pomegranates for you for Lent." Fray Mariano Payeras wrote from Mission Purisima: ther:

"My Beloved Bro­

Padre Luis sends sausages, hams, grapes, and ap­

ples and I do not know what else and desires only to show 55 his gentle way; his generosity to his friend Noriega." Even Padre Senan, who disagreed with.De la Guerra from

•Fray Pedro Munoz to De la Guerra, Mission San Fernando, February 273 1816, in Bowman, op. cit., Sec. II, pp. 119-21. Fray Mariano Payeras to De la Guerra, Mission La Purisima, February 28, 1816 , ibid., Sec. II, p. 121.

170

time to time, wrote on August 8th, 1816, that he was sending two vaqueros to De la Guerra for two sacks of rice, and that they were bringing a basket of pears for 56 De la Guerra. - Pray Antonio wrote from his Mission San Luis Obispo, nI will make every effort to see if this coming week they can finish your saddle, although they have not begun to put the silk on it, but they will put it on Monday." 57

Livestock and poultry were also among

the gifts sent to De la Guerra, Padre Uria of Santa Inez Mission wrote. want it.

"The little pig is here for whenever you

If you want some young roosters I will send

you some so you can fatten them."

58

Padre Payeras also

had a little pig to send from La Purisima when he wrote he said, "I wish to know if Maria Antonia is ready for a little pig.

When does she want it? rt59

Space will not

permit additional similar quotations from the hundreds of letters in the De la Guerra collection dealing with

56 Pray Senan to De la Guerra, Mission San Buena­ ventura, August 8 , 1816, ibid., Sec. II, p. 153* 57 pray Antonio to De la Guerra, Mission San Luis Obispo, no date, ibid., Sec. II, p. 57. 58

Pray Uria to De la Guerra, Mission Santa Inez, no date, ibid., Sec. II, p.65. 59 Fray Payeras to De la Guerra, Mission La Purisima July 3 1816 , ibid., Sec. II, p. 137*

>

171 this type of traffic. Even the soldiers of the Presidio Santa Barbara undoubtedly lived a little better because of the warm friendship existing between the padres and De la Guerra. Rafael Gonzalez made mention of this fact years later when relating his early experiences.

He said:

60

During the years of the War of Independence with Mexico the "memorias" of supplies did not come from the king to California, and on that account the troops suffered much want. Perhaps the Company of Santa Barbara suffered less because Captain De la Guerra had friendly relations with the residents of the missions who had the means to supply the most needed articles. What we lacked was uniforms and other things which were almost necessary, but which we could do without. Friendship for De la Guerra and respect for his ability to manage accounts resulted in the selection of De la Guerra to act as sindico apostolico, or financial administrator for the Franciscan Missions.

Mrs. Ord,

daughter of De la Guerra, said that this office, which was conferred on him by the College of San Fernando, was held by him until his death.

Mrs. Ord further said,

11All the padres came to my father for their sinodos, or funds, and they never took anything, not even one cent, without getting first his opinion and advice— everyone

^ Rafael Gonzalez, "Experiences of a Soldier of California," pp. 12-13*

172

looked upon him as their best friend and loved him like „6l a brother. De la Guerra was a devout Christian in his personal life as affirmed by reports of early Californians who had the privilege of counting De la Guerra as a friend.

Although the story Alfred Robinson tells about

De la Guerra’s constant interruptions of the family de­ votions in order to reprimand his servants, is humorous, it still gives us an insight into the religious nature 62 of the man. Religion played such a real and import­ ant part in his daily life that it was only natural that the masses turned to him in the event of super63 natural occurrences. Alfred Robinson said: Such was the respect and veneration the lower classes had for Don Jose’s piety, that during the period in which they looked for earthquakes, which was in the fall of the year, they encamped around his residence, under the full conviction * they were perfectly safe from harm by these dis­ agreeable visitants.

Because of his station, wealth, and character, De la Guerra did wield great influence in California in

Maria de las Angustias de la Guerra Ord, "Occurrencias,tf MS, pp. 70-71* 62 „ See account in chapter I. ^

Alfred Robinson, Life in California, p. 253*

173 the first half of the nineteenth century.

This influ­

ence was so great that it permeated all phases of Callifornia life, in the days of the "Dons and Ranchos," and was a powerful force which always had to he reck­ oned with.

In politics, even after his retirement, those

who sought public office came to Santa Barbara for his political blessing.

Governors Echeandia, Figueroa, Al­

varado, and would-be governors like Carrillo and Vallejo sought his favor, for the political leader who had the support of De la Guerra bade fair to control the southern portion of the province, or from Santa Barbara south. This influence apparently determined even the demeanor of the citizenry of Santa Barbara.

Senor Arnaz, who

visited California towns in the ’thirties while supercargo on the vessel "Clara," spoke of the three southern centers of population in the following manner: In San Diego the people were very fond of fandangos ^dancing/, while those of Los Angeles were more reserved, and at Santa Barbara they were still more so, their superior gravity in that quarter having a religious tint, due to the padres and to the great De la Guerra, the latter being not only the defender of Santa Barbara, but the consoler of the poor.

^ Jose Arnaz, "Recuerdos," as cited in Bancroft, California Pastoral, p. 406.

174 On February eleventh, 1858, gloom pervaded the town of Santa Barbara, for their Fadre del Pueblo,' and most esteemed and revered citizen, De la Guerra, passed from this life at eleven-thirty in the morning.

Alfred

Robinson, sensible of the great calamity which had be­ fallen the people of Santa Barbara, has considered it as one of the more important events in the early hist65 ory of the state. Truly it can be said that the era of the Don and Rancho passed into history with the de­ mise of De la Guerra, for he entered California at the beginning of the nineteenth century, lived under Span­ ish and Mexican rule, and passed from the scene but eight years after California became a state of the United States.

In this period of fifty-seven years

in California, by his example he did much to establish the easy-going, happy, yet sobered with religion, way of life which we associate with the Don.

In this period

he acquired vast land grants, or ranchos, the memory of which plays such an important part in the romance of the state.

After his passing, these ranchos were

divided up among his nine children, but even prior to his departure from this earth a great portion of the

65 Alfred Robinson, Life in California, p. 251.

175 acreage had been squandered away. The funeral cortege, according to one of the son-in-laws, was longer than ever before witnessed in Santa Barbara on like occasion, for men, women, and children of all classes came to pay honor and homage to the memory of one who, while living, was their benefactor and friend.

66

Due military honors were given the de­

ceased, and his remains were buried in a vault beneath the old Mission Santa Barbara. We conclude our tribute to this outstanding early Californian with these words, published in the Santa Barbara Gazette as its closing eulogy to his memory:

67

The surest evidence of the goodness of a man • in this life is the regret of his neighbors at his death. And we can truly say that since the discovery and settlement of California no man’s death has been more regretted, and no grave more moistened with tears of the devoted friends than that of Don Jose de la Guerra y Noriega.

66 Ibid., p. 252. 67 ‘ Robinson, Life in California, p. 2^9* as cited from Santa Barbara Gazette for February 18, 1858.

B I B L I O G R A P H Y

BIBLIOGRAPHY I. A.

PRIMARY SOURCES MANUSCRIPTS

Alvarado, J. B., Historla.de California, 6 Vols. In his work Alvarado has given a verbal picture of California prior to 1848 with emphasis upon his own administration. He gives a good account of the system he employed in granting lands. Because most of De la Guerra's grants were received from Alvar­ ado, this work was invaluable in preparation of chapter V. Located in Bancroft Library, University of California, Berkeley, California. Archivo del Arzobispado de San Francisco, 5 Vols. These volumes of documents are records of the arch­ bishopric of San Francisco and are a valuable source for religious affairs. They were collected by A. S. Taylor in 1859- Located in the Bancroft Library. Archivo de Californias, 273 Vols. One of the greatest single sources of documents for the history of our state. Within this collection is a mass of loose papers. Originally this collec­ tion was kept in the U. S. Surveyor-General's Office in San Francisco. When fire swept San Francisco in 1906 many of the documents were destroyed, but fort­ unately Bancroft had already copied most of them. It is an invaluable source. The following divisions occur: Department State Papers, MS, 20 Vols; Department State Papers, Benecia Military MS, 34 Vols; Depart­ ment State Papers, San Jose, MS, 7 Vols; Department Records, MS, 14 Vols; Legislature Records, MS, 4 Vols; Provincial State Papers, MS, 22 Vols; Pro­ vincial State Papers, Benicia Military, MS, 52 Vols; Provincial Records, MS, 12 Vols; State Papers, MS,

178

19 Vols; Superior Government State Papers, MS, 21 Vols; Actas de Eleceion; Brands and Marks; and unbound documents. In preparation of this paper many of the documents from the Provincial State Papers, and Provincial State Papers, Benicia Military were micro-filmed at the Bancroft Library and then translated from Spanish into English later in Los Angeles. Archivo de la Mision de Santa Barbara, 22 Vols. Tome X is particularly valuable for its account of Bouchard’s activity on the coast in l8l8 . Loc­ ated at Mission Santa Barbara. Archivo de las Misiones, 3 Vols. A valuable account of the missions and missionaries. Located in the Bancroft Library. Bancroft, H. H., Notes on De la Guerra; Notes on Luis Martinez; Notes on Luis Arguello; and Notes on Jose Antonio CarrTTlo. These manuscripts are as the title indicates, merely notes. They are in long hand and on pagings of various size. They were made by Bancroft in preparing the biographical sketches of these men which are appended to his California History. The notes on De la Guerra proved very valuable. Located in the Bancroft Library. Carrillo, Jose Antonio, Documentos para la Historia de California. Castro, Manuel, Relacion sobre acontecimientos de la Alta California. Estudillo, Jose Joaquin, Documentos para la Historia de California, 2 Vols. Estudillo, while in command at San Diego, wrote De la Guerra quite often. His work has been of some help in preparation of chapter IV. Located in the Bancroft Library.

179 First Book of Marriages, Mission Santa Barbara, I, 13, no. 5F. Volume I was used to obtain a record of the marriage of Don Jose de la Guerra y Noriega and Senorita Antonia Carrillo y Lugo. Gonzalez, Rafael, Experiences of a Soldier of California. Gonzalez gave his personal account to Thomas Savage in 1878 at Santa Barbara. Savage was in the employ­ ment of Bancroft, and gathered material to be used in Bancroft's works on California. Gonzalez was old and feeble and it was only through much perse­ verance that Savage got the account of this old veteran who served under De la Guerra. Located in the Bancroft Library. Grimes, Eliab, Logbook of the ”Eagle." This account, which was written by Captain Eliab Grimes, is of a passage from Boston towards the Sandwich Islands. Captain Grimes was born in Lit­ tleton, Massachusetts, in 1780, and died in Calif­ ornia. This logbook is located in the Bancroft Library. Guerra y Noriega, Jose Antonio de la, Documentos para la Historia de California, 7 Vols. (Sub-title: Coleccion del Sr. Capitan Comandte, de Sta. Bar­ bara Don Jose de la Guerra y Noriega durante las dominaciones Espanola y Mexicana.) Next to the Vallejo documents, the largest collec­ tion extant for the Spanish and Mexican periods is the De la Guerra collection. At present this collection still belongs to the De la Guerra family and is located in the old adobe De la Guerra home at 13 De la Guerra Street, Santa Barbara. The fam­ ily has permitted copies to be made of the docu­ ments, of which those in the Bancroft Library are the most complete. Bancroft has relied extensively upon the De la Guerra documents as indicated in chapter XXIII of California Pastoral, which is entitled, “Bibliography of Pastoral California." I found 7 volumes and not 6 , as stated in Bancroft's list of authorities.

180

One of the few individuals permitted to copy the De la Guerra documents was Mary M. Bowman, who through the kind permission of a grand-daughter, Delfina de la Guerra, made copies of the documents from May 16, 1918 to April, 1919- These copies were made by Mary Bowman for the California Hist­ orical Survey Commission. The Commission at that time made an extensive survey of historical mater­ ial in private hands. These copies at present belong to the California State Historical Associ­ ation, Los Angeles. Typed copies of the documents are divided into two sections. Section I consists of: copies of bills, royal orders, printed and written, and personal and business correspondence of Jose de la Guerra and his son Judge Pablo de la Guerra. A majority of the letters after 1849 are from W. W. Halleck, of Civil War military fame, to Pablo de la Guerra. Halleck acted as the De la Guerra family legal representative be­ fore the Land Grant Commission. Section II con­ tains copies of letters from 1809 to 1856; from the Rev. Padre Ministers of Franciscan Missions, Governor Pablo Vicente de Sola, and other men prominent in the early settlement of the country. Section II also includes 70 letters from the Padres to De la Guerra which were not dated. Delfina de la Guerra told Mary Bowman that the De la Guerra documents would ultimately be placed in a public museum or collection^n Santa Barbara. Larios, Justo, Convulsiones de California. Gives an account of the election in 1822. in the Bancroft Library.

Located

Larkin, Thomas 0., Official Correspondence as United States Consul and Naval Agent, 1840-49, 2 Vols. Ord, Anguistas de la Guerra, Occurrencias en California. This document of 156 pages gives the events in the history of California as seen through the eyes of Mrs. Ord, a daughter of De la Guerra. Because she was very young when her father was active in the political and military life of the province, her account is not as helpful for this paper as I hoped it might be.

l8 l

Osio, Don Antonio, Historia de la California 1815-1848. A personal account related to John T. Doyle for use by Bancroft. It deals chiefly with activity in the Bay Region. Found in the Bancroft Library. Pico, Don Jose de Jesus, Acontecimientos en California. Pico, Maria Inocenta, Cosas de California. Romero, Jose, Memorias. Thomas Savage interviewed Jose Romero on December 24, 1877* He found this 91 year old Californian, who had Joined the militia during the governorship of Arrillaga, and who served under Captain De la Guerra, still living on the Rancho Los Nietos. Because of his age his mind was clouded and some of his statements were inaccurate. Located in the Bancroft Library. Vallejo, Don Jose de Jesus, Reminiscencias Historicas de California. Vallejo, Mariano Guadalupe, Historia de California, 5 Vols. The Vallejo collection of documents is the most extensive set of documents of the Spanish and Mexican periods belonging to an individual. Vallejo, using his documents and writing to re­ latives up and down the state for additional in­ formation, wrote his 5 volumes. In a letter to Anastacio Carrillo in 1816 he gave the purpose for his history. He said: "I wish to publish a true history of the country. My principal reason being that our successors, the Americans will know that all Californians of these times were not indigents nor a band of beasts, that when they took the country, here was civilization, and men that belonged to that race were illus­ trious." Mariano Vallejo to Anastacio Carrillo, Lachryma Montes, December 19* 1866, in Bowman, flDe la Guerra Documents," Sec. I, p. 551 • Volume III was valuable in preparation of chapter II, and volume I depicting the events of 1822 was excellent and was used extensively for quotations in chapter IV.

182

B.

PUBLICATIONS OP LEARNED ORGANIZATIONS

Bealer, Lewis Winkler, "Bouchard in the Islands of the Pacific,” Pacific Historical Review, Vol. IV, December, 1935* 328-42. Duhaut-Cilly, "Voyage autour du monde principalement a la Californie et aux lies Sandwich pendant les annes 1826, 1827, 1828 et 1829," as translated by Charles Franklin Carter, California Historical Society Quarterly, Vol. VIII, June, pp. 131-66, September, pp. 214-50, December, pp. 306-336, • 1929 Ogden, Adele, "Russian Sea Otter and Seal Hunting on the California Coast,” California Historical Society Quarterly, Vol, XII, September, 1933, 217-40. C.

UNPUBLISHED DISSERTATIONS AND THESES

Adamson, Maud, "The Land Grant System of Governor Juan B. Alvarado,” Unpublished Master’s Thesis, Univer­ sity of Southern California, Los Angeles, 1931Bealer, Lewis Winkler, "The Privateers of Buenos Aires, 1815-1821: Their Activities in the Hispanic Amer­ ican Wars of Independence,” Unpublished Doctor’s Dissertation, University of California, Berkeley, 1935. Tays, George, "Revolutionary California; The Political History of California During the Mexican Period, 1822-1846,” Unpublished Doctor’s Dissertation, University of California, Berkeley, 1932. D.

PRINTED MATERIALS

Corney, Peter, Voyages in the Northern Pacific, Preface and Appendix of valuable confirmatory letters pre­ pared by Prof. W. D. Alexander, Thos, G. Thrum, Publisher, Honolulu, H. I., 1896.

183 Dana, Richard Henry, Jr., Two Years Before the Mast. P. P. Collier and Son, New York, 1909* Davis, William Heath, Seventy-Five Years in California. John Howell, San Francisco, 1929Duflot de Mofras, Eugene, "Duflot de Mofras' Travels on the Pacific Coast,” translated and edited by Marguerite Eyer Wilbur. 2 Vols. Fine Arts Press, Santa Ana, California, 1937. Hoffman, Ogden, Reports of Land Cases determined in the U. S. District Court for the Northern District of California, Numa Hubert, San Francisco, 1862. Palou, Fray Francisco, Historical Memoirs of New Cal­ ifornia, edited by Herbert Eugene Bolton. *T Vols. University of California Press, Berkeley, California,

1926.

Petit-Thouars, Abel du, Voyage Autour du Monde sur la Frigate La Venus pendant les Annees 1836-1839. 2 VolsT Paris, l84l. Robinson, Alfred, Life in California Before the Conquest. Thomas C. Russell, San Francisco, 1925* E.

NEWSPAPERS

San Francisco Herald, San Francisco, October 2, 1852. Santa Barbara Gazette, Santa Barbara, February 18, 1858.

II.

SECONDARY AUTHORITIES

Atherton, Gertrude, California: An Intimate History. Horace Liveright, New York, 1927. Bancroft, H. H., History of California. 7 Vols. Bancroft and Company, San Francisco, 1885. _________ California Pastoral. The History Company Publishers, San Francisco, 1888.

A. L.

184 Blackmar, Frank W . , Spanish Institutions of the South­ west. John Hopkins Press, Baltimore, 1891. Bolton, Herbert Eugene, Anzafs California Expeditions. 4 Vols. University of California Press, Berkeley, California, 1930. . ____ _, Fray Juan Crespi Missionary Explorer on the Pacific Coast 1769-177^ University of California Press, Berkeley, California, 1927Caballeria y Collei1, Juan, History of Santa Barbara, from Its Discovery to Our Own Day. Translated by Edmund Burke, Santa Barbara, 1892. Chapman, Charles E., The .History of California, The Spanish Period. The Macmillan Company, New York, 1926 . Cleland, Robert Glass,. The Cattle on a Thousand Hills. The Huntington Library; San Marino, California, 1941. , The Place Called Sespe. 1940.

Privately printed,

Connor, E. Palmer, The Romances of the Ranchos. and Insurance Company,' Los Angeles, 1930. Denis, Albert J., Spanish Alta California. millan Company, New York, 1927-

Title

The Mac­

Dwinelle, John W., Colonial History of the City of San Francisco. Town and Bacon, San Francisco, 1883Eldredge, Zoeth Skinner, History of California. Century History Company, New York, 1915-

5 Vols.

Engelhardt, Fr. Zephyrin, Missions and Missionaries of California. 4 Vols. James H. Barry Company, San Francisco, 1912. Garrison, Myrtle, Romance and History of California Ranchos. Hans Wagner Publishing Company, San Francisco, 1935Gwinn, J., M., Historical and Biographical Record of Southern California. Chapman Publishing Company, Chicago, 1902.

185 Hill, Laurance L., .and Marion Parks, Santa Barbara, Tlerra Adorada, A Community History. Security First National Bank, Los Angeles, 1930• Hittell, Theodore H., History of California. 4 Vols. Pacific Press Publishing House, San Francisco, 1885. Hubbard, Harry D., Vallejo. Boston, 1941.

Meador Publishing Company,

Huse, Charles E., Sketch of the History and Resources of Santa Barbara City and County. Santa Barbara, 18767 McKittrick, Myrtle Mason, Vallejo, Son of California. Binfords and Mort, Portland., Oregon, 1944. Morrow, William H., Spanish and Mexican Private Land Grants. Bancroft-Whitney Company, San Francisco, 1923 .

Ogden, Adele, California Sea Otter Trade. University of California Press, Berkeley, California, 1941. Richman, Irving Berdine, California Under Spain and Mexico 1535-‘l847» Houghton Mifflin Company, New York, 1911. Sanchez, Nellie Van de Grift, Spanish Arcadia. Publishing Company, San Francisco, 1929.

Powell

Southworth, John R., Santa Barbara and Montecito Past and Present. Santa Barbara, 1920. Storke, Mrs. Yda Addis, A Memprial and Biographical History of the Counties of Santa Barbara, San Luis Obispo and Ventura, California. Lewis Publishing Company, Chicago, 1890.