Page:History of California, Volume 3 (Bancroft).djvu/516

498 the ayuntamiento's instructions of the 17th to form a treaty. Andrés Pico, who accompanied them, had brought from the south the news not only that reënforcements were coming, but that Pio Pico and two associates were on the way as comisionados for San Diego, and in order that those gentlemen might take part in the negotiations they were again postponed until the next day.

On the morning of the 20th, as Pico had not arrived, Sepúlveda and Osio, probably accompanied by others, went again to Encino or Calabazas. Instead of proceeding to negotiate a treaty, however, they merely showed to Alvarado their instructions, which had been intended to be kept secret, and obtained his approval of them in writing on the margin, together with an additional promise, written in pencil, not to molest any one, Mexican or Californian, for having taken up arms under the alcalde's orders. The document, with which the reader is familiar, was regarded by the governor as not conflicting in any essential point with the plan of Monterey, and as one which he was amply authorized to sign by virtue of the 'extraordinary powers' which had been given him. The comisionados now set up the claim that, as a treaty had been signed, Alvarado should at once disband his forces and retire to the north. To this, of course, not being a man entirely out of his senses, Don Juan Bautista would. not listen; and after long discussions, he brought the matter to a close on the 21st by sending a message to Sepúlveda that if San Fernando was not surrendered