Page:History of California, Volume 3 (Bancroft).djvu/555

Rh sworn to obey. There were, however, other and more serious complications. Alvarado had placed himself at the head of a revolution, and while he had surrendered in a sense and acknowledged the supremacy of the national laws, yet the government had not accepted his surrender, Castillero having had no authority whatever in the matter. In the eyes of the government at the time of this last appointment he was simply a rebel chief, ordered virtually, not to transfer the governorship, but to obey the governor. Was he under obligation to come down from the vantage-ground of success and high position, to place himself without guaranties as a private citizen at the mercy of a power that might legally shoot him as a traitor? Could he disregard the fate of his associates whose position was like his own? Surely no successful rebel was ever known to give such excessive proofs of devotion to his country. Again, Alvarado looked upon himself at this time as the legitimate ruler of California. He was so considered by the people, even by Cárlos Carrillo, and there was not much reason to fear that President Bustamante would not so recognize him, knowing the circumstances, even if he should insist upon naming a successor. An order to the incumbent to deliver the office was, by custom if not by law, as necessary to a change of rulers as was the appointee's order to receive it, and the recognition implied in such an order was of vital importance to Don Juan. Thus a way seemed open to the delay so urgently demanded by the safety of the former rebels as well as by Alvarado's ambitious hopes.

In his proclamation of October 31st, the governor made known to the people the news which he had unofficially received, and of which he hoped to receive confirmation by the next mail, adding, "All the department may be sure that I shall deliver the command to the nominee on receiving the slightest intimation from the supreme government." Within a few days he notified the ayuntamientos in due form,