Page:History of California, Volume 3 (Bancroft).djvu/221

Rh who may have the patience to examine this state paper, California's first pronunciamiento, if we except that of the convict Solis in 1829, will find in it a good make a defence foreign to our views (!). The said ruler has not only shown himself shameless in the violation of law, but has at the same time imperilled our security and interests by reason of his despotism and incapacity: You yourselves are experiencing the misfortunes that hare happened during the short time of his management. For all these reasons, and with all obedience and subjection to the laws, we have proposed: 1st, To suspend the exercise of D. Manuel Victoria in all that relates to the command which he at present holds in this territory as comandante general and gefe político, for infraction and conspiracy against our sacred institutions, as we shall show by legal proofs. 2d, That when at a fitting time the excelentísima diputacion territorial shall have met, the military and political command shall fall to distinct persons as the laws of both jurisdictions provide, until the supreme resolution. These two objects, so just for the reasons given, are those which demand attention from the true patriot. Then let the rights of the citizen be born anew; let liberty spring up from the ashes of oppression, and perish the despotism that has suffocated our security. Yes, citizens; love to country and observance of the laws prescribed and approved by our supreme powers are the fundamental basis on which we travel. Property is respected; likewise the duty of each citizen. Our diputacion territorial will work, and will take all the steps conducive to the good of society; but we beg that body that it make no innovation whatever in the matter of the missions, respecting their communities and property, since our object is confined solely to the two articles as stated. To the sup. govt belongs exclusively the power to dictate what it may deem proper on this subject, and it promises to the padres to observe respect, decorum, and security of the property intrusted to their care. Thus we sign it, and we hope for indulgence in consideration of our rights and justice. Presidio of San Diego, Nov. 29, 1831. Pio Pico, Juan Bandini, José Antonio Carrillo.

'We, Capt. Pablo de la Portilla, etc. [see names at end], acquainted with the preceding plan signed by [names as before, with titles], according to which the people of this place surprised the small garrison of this plaza on the night of Nov. 29th, consider it founded on our natural right, since it is known to us in all evidence that the gefe político and comandante general of the territory, Don Manuel Victoria, has infringed our federal constitution and laws in that part relating to individual security and popular representation; and we find ourselves not in a position to be heard with the promptness our rights demand by the supreme powers of the nation, which might order the suspension which is effected in the plan if they could see and prove the accusations which give rise to so many complaints. But at the same time, in order to secure in the enterprise the best order, and a path which may not lead us away from the only object proposed, we choose and proclaim lieut-col. of engineers, citizen José María de Echeandía, to re-assume the command, political and military, of the territory, which this very year he gave up to the said Sr Victoria — this until the supreme government may resolve after the proper correspondence, or until, the diputacion being assembled, distinct persons may in legal form take charge of the two commands. And the said chief having appeared at our invitation, and being informed on the subject, he decided to serve in both capacities as stated, protesting, however, that he does it solely in support of public liberty according to the system which he has sworn, coöperation for the best order, and submission to the supreme powers of the nation. Thus, all being said publicly, and the proclamation in favor of Sr Echeandía being general, he began immediately to discharge the duties of the command. And in token thereof we sign together with said chief — both the promoters of the plan who signed it and we who have seconded it —