Page:History of California, Volume 3 (Bancroft).djvu/117

Rh protesting against the manner of his treatment, Martinez, while not attempting to deny his well known political sentiments, claimed that he was not such a fool as to suppose that Spain could be benefited by petty revolts in California, that he desired the welfare of the territory, and that in his opinion it could not be advantageously separated from Mexico. The two padres Cabot testified to having seen letters in which Martinez declined to take part in the political schemes of Solis, declaring that if the king wished to conquistar any part of America, he might do it himself, in his own way. Prefect Sarría also presented an argument to prove Martinez innocent.

The 9th of March a junta de guerra, composed of six officers, besides the governor, met at Santa Bárbara to decide on the friar's fate. Echeandía explained, at considerable length, the difficulties in the way of administering a suitable penalty, and he seems to have counselled leniency, fearing or pretending to fear the action of the other padres; but after full discussion, it was decided by a vote of five to one to send him out of Mexican territory by the first available vessel. Stephen Anderson, owner of the English brig Thomas Nowlan, was called in immediately, and gave bonds to carry the prisoner to Callao, and put him on board a vessel bound for Europe. Padre Martinez, on the same day, promised in verbo sacerdotis not to land at Manila or the Sandwich Islands, and on March 20th the Nowlan sailed. The friar