San Luis Obispo County CA Archives History - Books .....Chapter VIII Early Government Of California 1883 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ca/cafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Joy Fisher sdgenweb@yahoo.com August 8, 2006, 4:55 am Book Title: History Of San Luis Obispo County California CHAPTER VIII. EARLY GOVERNMENT OF CALIFORNIA. Government under Spain—The Reglamento—Paternal and Arbitrary Government—A Characteristic Order—Mexican Control—A Republican Decree—Changes of Governors—Law of March 20, 1837—Judicial Organization—The Superior Tribunal—Courts of First Instance—Alcaldes and Justices of the Peace—Alvarado Governor—Exorbitant Tariff for Revenue—Americans aid Alvarado—The Provisional Government of 1837—Carrillo Appointed Governor—Campaign against Carrillo—Customs in 1840—Appearance of Alvarado—Visit to the Alcalde. THE principal events in California's early history, at least those pertaining to the people and settling of San Luis Obispo, have been related in the preceding chapters. There were presidios and pueblos established, settlers from foreign lands came into the country, Governors were appointed and revolutions effected, and many events occurred of interest to localities, but, not belonging to this county, can be but briefly mentioned. California was a dependency of Spain until 1822, the King being the head and source of all authority sent down through various officers to the Viceroy of Mexico, to the Commandante-General of the Department, from him to the Governors, and then to the Captains of the presidios. There was no constitution, charter, or legislature. Laws and regulations came from the King, or the "Council of the Indies," even to the smallest item regulating the people's conduct. One little concession was made to the people—after 1783 they were permitted to elect their Alcaldes. The system of government reposed no confidence in the ability of the common classes to take care of themselves, or to maintain order in society. The higher powers generally showed love and consideration for the masses, but no respect for them. They were masters by divine right, therefore assumed nothing, but felt their position as a matter of course, born to them, and a duty, inherent and unavoidable, to govern. This feeling permeated all classes, and from the lowest to the highest each individual acknowledged a superior upon whom, in a measure, he was dependent. THE REGLAMENTO. This led back to the precise regulations—reglamentos emanating from the King. In the archives of California is the reglamento issued by the King of Spain, Charles III., in 1781, "for the government of the presidios, the promotion of the erection of new missions, and of the population and extension of the establishment of Monterey." In it are minute provisions for paying, clothing, and feeding the officers and soldiers, and for supplying their families and other persons dependent on the presidios. The number of pack-mules to be kept, and how horses are to be pastured, and that four are always to be kept in the presidio, ready saddled, by day, and eight by night. At that date, says the reglamento, the country was filled from San Diego to Monterey with an immense number of gentiles, and only one thousand seven hundred and forty-nine Christians, of both sexes, in the eight missions strung along through all that distance. The manner in which pueblos are to be founded is given; each settler to have his building lot and field for planting of two hundred varas square, that being supposed to be enough to sow two bushels of grain; and the whole to have commons for wood, water, and pasturage; also a certain number of horses, mules, oxen, cows, sheep, chickens, plows, hoes, axes, etc., are to be furnished to each; and the amount of pay—for a settler had his salary for a little while as well as his outfit—his exemptions, and his obligations, are all minutely detailed. Of the first, he was to be free for five years from the payment -of tithes; of the latter, all the excess of his productions beyond his support he was required to sell at a fixed price to the presidios, and he should also keep a horse and saddle, carbine and lance, and hold himself in readiness for the service of the King. The building lot was a homestead that could not be alienated or mortgaged, and descended to the son or daughter if she should be married to a settler who had no lot. After the first five years each settler was required, in recognition of the absolute property of the King, to pay a rental of one-half fanega of grain for his sowing lot. PATERNAL AND ARBITRARY GOVERNMENT. The Governors were the representatives of the King, and were expected to see all his orders executed; but the great distance from the central power, and the infrequency and uncertainty of communication virtually gave them despotic authority, under the regulations, and as such it was exercised. Under such a system there was an entire suppression of the feeling of self-reliance, independence, and individual enterprise that make a progressive, wealthy, and powerful people, and continued California and Mexico in the back-ground of nations. A CHARACTERISTIC ORDER. As a curious instance of the paternal character of the Government the following order of his Catholic Majesty is given. Jacobo Ugarte y Loyola, was the Commandante-General of the internal provinces, and writes to Pedro Fages, Governor of California:— ARISPE, April 22, 1787. On the 20th of November last past, his Excellency, the Marquis of Sonora (Viceroy of Mexico) was pleased to communicate to me the following royal order:— "The Archbishop, Viceroy of Sante Fe (in South America) on the 2d of July last, gave me an account of a remedy, happily discovered by his confessor, against the ravages of the jigger (nigua) in the hot countries of America, which consists in anointing the parts affected by the jiggers with cold olive oil, which causes them to die, and the sacs containing them can be easily extracted—which the King desires should be published as a bando (proclamation), in the district under your government, in order that it may reach the notice of all; and you shall take care that all those who are afflicted with said insect shall use said remedy, which is as effectual as it is simple." And I insert the same to you in order that you may cause it to be published. May God preserve your life many years. JACOBO UGARTE Y LOYOLA. And so this valuable specific was made known by a public crier and with a roll of drums, all the world over, even here in California, where the troublesome insect is fortunately unknown. MEXICAN CONTROL. The military and arbitrary system of government continued under Spanish domination and for two or three years after Mexico's independence was recognized, and until the Republic was established. Then a system of government was organized with California as a Territory with a Governor appointed by the President under the title of "Political Chief (Gefe Politico), aided by a council known as the Territorial Deputation. At the same time it was proposed to establish town councils (Ayuntamientos), but there appears to have been no town —pueblo—with the requisite number of inhabitants at that time. This was under a decree passed by the Spanish courts in 1812, and although then not put in force in California, subsequently became the foundation of the Government. It will be understood that a great revolution had occurred in Spain, and that from 1808 to 1814, Joseph Bonaparte was King, with limited authority. A REPUBLICAN DECREE. The decree provided, among other things:— First—Every town which has no Common Council, and the population of which does not amount to 1,000 souls, and which, on account of the peculiar condition of its agriculture, industry, or population, requires a Common Council, it will make the same known to the deputation of the province, in order that by virtue of this information they may apply to the Government for the requisite permission. Second—Towns that do not find themselves in this situation should be united to the Ayuntamientos to which they have hitherto belonged, as long as the improvement of their political condition shall not require other measures, uniting those newly formed to those nearest them in the province, or to those which have lost their jurisdiction for want of population. Section Third relates to elections. Fourth—As it cannot fail to be proper that there should exist, between the government of the towns and their inhabitants, such proportion as is compatible with good order and its better administration, there shall be one Alcalde, two Regidores, and one Procurador-Syndico in all towns which do not have more than 200 inhabitants; one Alcalde, four Regidores, and one Procurado in those the population of which exceeds 200, but does not exceed 500 inhabitants; one Alcalde, six Regidores, and one Procurador in those which possess 500 but the population of which does not amount to 1,000 inhabitants; two Alcaldes, eight Regidores, and two Procurador-Syndicos in towns having from 1,000 to 4,000 inhabitants; and the number of Regidores will be augmented to twelve in those towns which, have more than 4,000 inhabitants. Fifth—In the capitals of the provinces there must be at least twelve Regidores, and should they possess more than 10,000 inhabitants their number will be sixteen. This decree, which was a great step toward a representative government, remained a dead letter until the arrival of General Echeandia, as Political Chief of the Territory of California in 1826, and even he did not promulgate it until 1830. Nothing, however, was accomplished under it at that time. Governor Echeandia was superseded in 1831 by General Victoria, who suppressed the decree and all efforts toward the secularization of the missions. Victoria, being opposed by a faction of the people, retired from the country, leaving Pio Pico in charge until the arrival of Governor Figueroa in 1832, when the reforms were adopted. CHANGES OF GOVERNORS. Figueroa died in 1835 and was succeeded by Jose Castro (ad interim). During 1836 there were great political disturbances, and Governors succeeded each other rapidly, Nicolas Gutierrez, Mariano Chico, and Nicolas Gutierrez again, all in 1836, settling upon Juan Bautista Alvarado in the same year, when tranquillity was restored, and Alvarado remained Governor until 1842. LAW OF MARCH 20, 1837. The Mexican Congress passed a law March 20, 1837, for the organization of the Government of California-making the following officers: Governor, Departmental Legislature (Junta), Prefects and Sub-Prefects, Ayuntamientos (Town Councils), Alcaldes, and Justices of the Peace. There were also provided a Secretary for the Governor and a Deputy to Congress. The Departmental Legislature was to be composed of seven individuals to be elected by the people, also seven substitutes to fill the vacancies should any occur. These were to be removed every four years. This body had power to pass laws relative to taxation, public education, trade, and municipal administration. The Legislature was authorized to have a Secretary at a salary not exceeding $1,200 per annum. The Governor was required to appoint a Prefect in each district, to be confirmed by the General Government and to hold office for four years. It was the duty of the Prefects to take care of the public order and tranquillity in their district, with entire subjection to the Governor. The Prefects were empowered with almost absolute authority over the people, subject to an appeal to the Governor. The Sub-Prefects were the appointees of the Prefects, subject to approval by the Governor. The Prefects had power to impose, by their own authority, a fine of $100 or sentence a person to fifteen days' labor on the public works, and the Sub-Prefect the power to impose a fine of $50.00 or eight days' labor. They were allowed $365 per annum for stationery, and no other salary, but were not prohibited from taking fees. Alcaldes, Regidores, and Syndicos were to be elected each year, and no one could refuse to serve without just cause. The Alcaldes were given authority secondary and similar to the Prefects. When no Prefect or Sub-Prefect was present the Alcalde would preside and. vote at the meetings of the Ayuntamientos, and in his absence a Regidore would take the place in the order of his appointment. Interior towns of 8,000 inhabitants, the capital, and seaports of 4,000 inhabitants only were allowed Ayuntamientos. Justices of the Peace (Juez de Paz) were named by the Prefects on the recommendation of the Sub-Prefects of the locality. Any person receiving the appointment of Justice of the Peace was compelled to serve, except for legal cause approved by the Governor or Prefect. JUDICIAL ORGANIZATION. On the 23d of May, 1837, the Mexican Congress passed an Act providing for the organization of courts in California. The system consisted of a Superior Tribunal (Supreme Court), Courts of First Instance, and Alcaldes-or Justices of the Peace Courts. THE SUPERIOR TRIBUNAL Consisted of four Judges (Ministros) and one Attorney-General {Fiscal), of which Judges the three senior ones composed the first bench (sala) and the junior one the second. The Judges and Attorney-General each received a salary of $4,000. The second bench took cognizance of the first appeals, and the first bench of the second appeals. When a prisoner asked to be heard, one of the Judges having cognizance of the case was required to go and hear what he had to say and report to the corresponding bench. Legal proceedings were simplified in California. There were but few law books in the country. The principles of the civil law were applied, however, in the adjudication of causes that came before the juezes de primera instancia— District Judges. The jurisdictional limits of the Court of First Instance of this district extended from the Santa Ynez River to the Nacimiento. COURTS OF FIRST INSTANCE Were established by the Governor and Legislature on the recommendation of the Superior Tribunal, in the chief town of each district. Each court was required to have a Clerk, Recorder, arid an executive officer. The salary of the Judges was fixed at $1,500 with stipulated fees. The court had jurisdiction in all suits for money when the J sum exceeded $100, and in all criminal cases except for trifling cause. Clergymen and military officers were privileged classes and subject to other laws. ALCALDES' AND JUSTICES OF THE PEACE Courts had cognizance of cases where the amount in dispute was less than $100, and for trifling offenses. They were required to conciliate those in dispute. The plaintiff and defendant, or the accused and accuser, were each to bring his arbitrator {hombre bueno), who should be a citizen in the exercise of his rights and had completed the twenty-fifth year of his age, and these, with the Alcalde, or Justice of the Peace, constituted the court of conciliation. When they had been made acquainted with the case, they retired to hear the opinion of the arbitrators, after which, or within eight days, the Alcalde, or justice of the Peace, made his decision. By custom, these arbitrators usually consisted of three or five men. It was equivalent to a trial by jury. Spanish and Mexican laws contemplated the restriction of the powers of the Alcaldes within reasonable limits. But it was common with them, in the remote provinces to act arbitrarily, and then justify their conduct, upon the plea of necessity. "Your Excellency," inquired the Alcalde of one of the Governors, "how shall I administer the law in my pueblo?" "Administer it," answered the Governor, "in accordance with the principles of natural right and justice." The local bandos, or laws, were enacted by the Ayuntamiento and executed by the Alcalde. Although the law authorized the establishment of courts there never was a Superior Tribunal in California, and no Judges of the First Instance before the order to elect such by General Riley, Military Governor, in 1849. ALVARADO GOVERNOR. The rapid changes of Governors in 1836, and incidents pertaining thereto, have been mentioned in previous pages. Juan Bautiste Alvarado was the Governor's Secretary in 1836, or Secretary of State, and as such, if not really the principal officer of the Government, had much to do with Governmental affairs. He was also a native Californian, while the Governors Chico and Gutierrez were natives of Mexico, and there existed here a strong party opposed to the appointment of a Governor from a distant part of the Republic, also in favor of a native holding the office, and the foundation of a sovereign State. There were at the same time quite a number of American and other foreign settlers in the region about Monterey and north of that point, who were believed to be ready to assist the Native Californian party. This feeling had been excited by the tyranny of Chico, and was brought to an active demonstration by the order from Gutierrez to arrest and imprison Alvarado for alleged insubordination. The cause is stated to have arisen from a dispute in regard to the stationing of watchmen about a ship which was landing dutiable cargo. Various reasons are given for the dispute. The question was a matter of etiquette, or rather, the prerogative of the Governor, as chief of the department in collecting the customs duties on imported merchandise. Alvarado regarded it as interfering with his duties, and as an expression of suspicion of his honesty, and therefore objected to the stationing of a guard. Some say the dispute arose in regard to the division of the bribe-money paid by the ship to pass its goods through the Custom House—that Alvarado and his associates had usually absorbed all, but that now the Governor, either for himself or the Mexican Government, wished to collect the duties according to law. EXORBITANT TARIFF FOR REVENUE. The legal duties were almost equivalent to a prohibition of imports, and many subterfuges were resorted to in order to obtain foreign merchandise, and at reasonable rates. One, as related by Mr. Dana, in his "Two Years Before the Mast," was to bring into Monterey a small vessel, have its cargo inspected, and pay the duties and then grant a permit to land the goods at Santa Barbara, San Pedro, or other point on the coast. That after landing a portion the vessel would sail out to one of the Santa Barbara Islands, or other secluded spot and replenish her stock from a larger ship that had brought the cargo from the Sandwich Islands, China, or elsewhere, and, returning to its port, continue discharging, In this manner, by neglect of the officers to collect, and by bribery, were the Californians enabled to get necessary foreign goods at reasonable rates. There appears, therefore, some just grounds for irregularities. During this period Mexico was in a constant ferment of revolution, and the ambitious and rapacious politicians of that country used every endeavor to extort money from the people, and the Californians, the missions, and the "Pious Fund" were made to suffer. These demoralizing influences spread official corruption through every branch of Government, and permeated all branches of business. AMERICANS AID ALVARADO. The arrest of Alvarado was not effected, as he fled to the cabin of Isaac Graham, who resided near the mission of San Juan Bautista, and there maintained an illicit distillery, there told his story, and an insurrection was agreed upon. Fifty American and foreign riflemen joined the insurrection, and were afterward joined by 100 Californians under Jose Castro, and these marched upon Monterey. The Governor, with more than twice the number of soldiers (some authorities say 600) composing the insurrectionary party, fled from the nearly dismantled Castillo, and shut themselves up in the Government House in the presidio. This was taken possession of by Graham and his party, and a parley ensued. Alvarado demanded the surrender of the Governor and the Government, which was haughtily rejected. After thus parleying for two days, the foreigners becoming impatient, Graham, who was Captain, directed Coppinger, an Englishman, who had been elected Lieutenant, to fire a four-pound cannon shot at the Governor's quarters. This produced a decided consternation, as the ball went crashing through the tiled roof of the building, and brought matters to a crisis. A Mr. Young, a foreigner who had not taken part in the insurrection, rushed into the Governor's house and advised a surrender, assuring the besieged, that, although they might in battle slay many of the besiegers, they would, in all probability, be mostly massacred. A surrender was agreed upon, and the schooner Clarion, of New Bedford, was purchased; the Mexican officers were shipped to San Blas, and Alvarado became Governor. THE PROVISIONAL GOVERNMENT OF 1837. California thus became an independent State of the Republic, although not at once recognized as such by Mexico. The feeling to make it a sovereign State was universal throughout the country, also the demand for the reduction of duties on imports. Shortly after the surrender of Gutierrez, the Mexican officers in the country, the Californians, and the foreigners, assembled at Monterey and passed the following manifesto as the basis of a Provisional Government:— 1st Upper California is declared to be independent of Mexico during the non-re-establishment of the federal system which was adopted in 1824. 2d. The said California shall be erected into a free and governing State, establishing a congress which shall dictate all the particular laws of the country, and elect the other supreme powers necessary, declaring the "Actual Most Excellent Deputation Constituent." 3d. The religion shall be Roman Catholic Apostolic, without admitting the exercise of any other; but the Government will not molest any persons for their particular religious opinions. 4th. A constitution shall regulate all the branches of the administration "provisionally," in conformity as much as possible with the expressed declaration. 5th. Until what is contained in the foregoing articles be put in execution, Sen or Don Mariano Guadalupe Vallejo shall be called to act as Commandante-General. 6th. The President of the "Most Excellent Deputation " shall pass the necessary communications to the Territory. CARRILLO APPOINTED GOVERNOR. The Mexican Government did not acquiesce in these summary proceedings, but, wishing to mollify the independent Californians and at the same time maintain its authority, appointed as Governor Don Carlos Antonio Carrillo, a native of the country. The people of the southern part of the State, who had not been called upon to take part in the revolution and the formation of the new Government, were probably jealous of the supremacy of the north, and were inclined to support Carrillo as Governor. This gentleman is remembered as one of the most amiable and hospitable of the native Californians ambitious of the title of Governor, but lacking the energy and force of character displayed by his nephew, Alvarado and his Lieutenant, Castro, of the farther north. CAMPAIGN AGAINST CARRILLO. Carrillo had sent a messenger to Monterey ordering Alvarado to lay down his arms under penalty of bringing down upon himself the wrath of the great Republic of Mexico. Alvarado, in answer, accompanied by Castro and the grand army, which included a hundred of men, Graham's riflemen being of the party, set out at once to overrun the southern country and capture the opposing army. Carrillo, with his forces of supposed equal numbers, was at Santa Barbara. Alvarado and his army appeared on one side of the town and Carrillo and his men rode out on the other. Each party then exhibited for the benefit of the other some fine feats of horsemanship, sometimes riding towards the town in fierce charges and then returning to their rendezvous on the hills. If any guns were fired, probably the one shooting was more frightened than the opposing party was hurt. Thus the battle raged for a few days, when it was reported that Alvarado had received a recruit, his army then outnumbering the other by one, and against such odds it was useless longer to contend. Both parties then entered the town and fraternized, and celebrated the occasion by a grand fandango. Such is the legendary account given of the campaign, but in Farnham's book on California he states that "Don Carlos Antonio Carrillo, finding that Alvarado's army numbered 104, while his numbered but 101, he fled to the mission of San Buenaventura, where, after a terrible siege of four days, in which one of the besieged was killed and one of the besiegers wounded, the Don capitulated, and that the fraternizing was such that; the people of the town could not tell, and never did know, who surrendered; that Alvarado proceeded to Los Angeles and subjected the whole country to his sway." CUSTOMS IN 1840. A few items from Mr. Farnham's book are given as indicative of the customs and business of those days:— The first duty, on setting foot in California, is to report one's self to the Governor, and obtain from him a written permission to remain in the country. This I proceeded to do. Mr. Larkin was obliging enough to accompany me to the Governors residence. We found before it a number of men who were usually complimented with the cognomen of "guard." They consisted of five half-breed Indians, and what passed for a white Corporal, lounging about the door in the manner of grog-shop savans. The outer man is worth a description. They wore raw bull's-hide sandals on their feet, leathern breeches, blankets about their shoulders, and anything and everything upon their heads. Of arms, they had nothing which deserve the name. One made pretensions with a musket without a lock, and his four companions were equally heroic, with kindred pieces, so deeply rusted that the absence of locks would have been an unimportant item in estimating their value. APPEARANCE OF ALVARADO. Governor Alvarado is represented as a well-formed, full-blooded California Spaniard, "five feet eleven inches in height, with coal black curly hair, deep black eyes, fiercely black eyebrows, high cheek-bones, an aquiline nose, fine white teeth, brown complexion, clad in broadcloth, and whiskers." VISIT TO THE ALCALDE. The Alcalde was at home, or rather in his adobe den, for there is neither a home nor the semblance of it in all the Spanish world. He was taking his siesta, or mid-day nap, on a bull's hide in the corner of the apartment. The dog, which had barked us into his presence had awakened him, so that when we entered the room, he was rolling his burly form toward a chair. After being well seated, and having, with some difficulty, brought his eyes to bear upon us, he was pleased to remark that the weather was fine, and that various other things existed in a defined state; "that his dog was very fat; the bean crop gave good promises; the Hawaiian Islands were ten miles from Monterey; the Californians were very brave," etc. The following permit to remain on shore as long as his health require'd, took one hour and a quarter's time to write:— Mr. Thomas J. Farnham, passgero en la barca Americana Don Quixote, habiendama manifesta do el pasporte de su consul y queriendo quidar en tierra a (vertarblesse) en su salud le doy el presente bolito de des aen en barco en el puerta de Monterey!! ANTONIO MA. ORIO. A. 18 de Abril de 1840. Alvarado, having powerful allies in the foreigners who had placed him in power, maintained his position for quite a lengthy period for California Governors. But these foreigners began clamoring for him to fulfill his promises to them, and in April, 1840, he caused their arrest, the history of which is related in the following chapter devoted to the biographical sketch of John M. Price, who was so unfortunate as to be one of the prisoners. These were sent to Tepic, but soon returned and were not again molested. Additional Comments: Extracted from: HISTORY OF SAN LUIS OBISPO COUNTY CALIFORNIA WITH Illustrations and Biographical Sketches OF ITS PROMINENT MEN AND PIONEERS. OAKLAND, CAL. THOMPSON & WEST 1883. File at: http://files.usgwarchives.net/ca/sanluisobispo/history/1883/historyo/chapterv427nms.txt This file has been created by a form at http://www.genrecords.net/cafiles/ File size: 28.6 Kb