Page:History of California, Volume 3 (Bancroft).djvu/34

16 Prefect Sarría, as we have seen, declined to swear allegiance to the federal constitution or to sanction republicanism either as friar, prelate, or vicar. He left each of the friars free to decide for himself, and refused to issue instructions on the subject. There can be no doubt, however, that the question had been thoroughly discussed by the padres, and a definite understanding reached, during the many months in which the formal declaration of the republic in California had been only a question of time. Yet that the agreement had not been entirely unanimous is , while the rest were simply banished to California. The former were mostly the companions of Vicente Gomez, 'el capador,' a fiend in human form, thief and assassin, who is said never to have spared nor failed to torture any man, woman, or child of Spanish blood that fell into his hands, but who, in consideration of his services to the 'cause of independence,' was simply sent to California subject to the orders of the comandante general. It is not quite certain that he came to Monterey with the rest, since there are indications that he came to S. Diego with Echeandía, or at least about the same time. He was soon sent overland to Sonora, perhaps in the hope that he would be killed by the Indians, where he arrived in March 1826, after narrowly escaping death at the hands of the Yumas. After having been employed by Gen. Figueroa on various commissions, he was sent back, and on the way he was killed by Alf. José María Ramirez at S. Vicente, Lower California, in a personal quarrel, probably in September 1827. ''Dept St. Pap., Ben. Mil.,'' MS., lvii. 21; Dept Rec., MS., v. 96-7, 130.

One of the companions of Gomez bore the illustrious name of Fernando Cortés, 'de muy mala fama en toda la república,' but of whose Californian experience nothing is known. Another was Joaquin Solis, 'principal agente de Gomez, de muy mala conducta, voz general ser ladron,' who acquired fame as leader of a revolt in 1829, described in chap. iii. of this volume, as did also in lesser degree in the same affair another companion, Antonio Ávila, condemned to death for murders and robberies in Puebla, but pardoned on condition of exile to California. Another of the band was Francisco Badillo, sentenced to 10 years of presidio work in chains, or to be shot without hesitation or formality should he venture to move from the spot where he might be put to work. In 1835, the time having expired, Badillo was set at liberty, but remained in the country. ''Dept St. Pap., Ben. Mil.,'' MS., lxxvi. 20-2. In 1833 he had been charged with a new robbery. Id., lxxiv. 44. He was married in 1830 to his mistress at Sta Bárbara. ''Carrillo (José), Doc. Hist. Cal.,'' MS., 26. He at one time kept a monte bank at Sta Bárbara, and Manuel Castro once found him concealed under the table, and stealthily reaching out to steal his own money, merely, as he said, to keep in practice! After a long career as cattle-thief, he was finally lynched about 1860, his body with that of his son being found one morning hanging to a tree with the feet very near the ground. A little granddaughter wept bitterly because the cruel Americans allowed her grandpapa to die when a little earth under his feet would have saved him! Another son known as Six-toed Pete escaped across the frontier. ''Alvarado, Hist. Cal.,'' MS., ii. 251-3; Streeter's Recol., MS., 159-63.

Other members of this band of convicts were for the most part ordinary thieves and vagabonds, of whose life in California nothing is known, a few also not being named here by reason of their good behavior and respectable connections.