Page:History of California, Volume 3 (Bancroft).djvu/580

562 however, a treaty was signed which I give in full. By its terms the opposing factions were to be for the most part disbanded; Carrillo was to accompany Alvarado to San Fernando, where an arrangement was to be made respecting the governorship; and until such arrangement had been made, Vallejo was to be recognized as general.

It was after the general terms had been agreed upon, but before they were signed, that Tobar was allowed to escape, either by intention or carelessness on the part of Castro. The treaty was virtually a surrender by Don Cárlos, who indeed, consistently with his aversion to the use of cannon, could do nothing but surrender. He may have had some hopes of success in the consultation to be held at San Fernando, but there was nothing in the treaty on which to found such hopes. A few southerners Tratado de Las Flores entre Alvarado y Carrillo, 23 de Abril, 1838. Original MS. Copy in ''Bandini, Doc. Hist. Cal.,'' MS., 77.

'In the space between the northern and southern forces of Alta California, on the field of Las Flores, April 23, 1838, the subscribers have agreed upon the following articles: Art. 1. The force of the south at Las Flores will be disbanded absolutely, the citizens (volunteers) retiring to their homes with the arms belonging to them. Soldiers in said force will march under their respective chiefs to protect the points where they belong. Art. 2. The artillery and munitions belonging to the said division will remain at the disposition of the departmental government. Art. 3. The division of the north near the said pueblo will disband its auxiliary citizen soldiery at the same time that the disbanding mentioned in art. 1 takes place — there remaining as a guard for Don Cárlos Antonio Carrillo and Don Juan Bautista Alvarado 75 men chosen by their respective chiefs. Art. 4. Don C. A. Carrillo will proceed, accompanied by Don J. B. Alvaralo, with the escort cited in the preceding article, to the establishment of San Fernando for the purpose of arranging there gubernatorial matters pertaining to Alta California, this not being done in the city of Los Angeles, named by a law as capital of the department, for lack of resources to do so in the present circumstances. Art. 5. Meeting in the said establishment, both gentlemen named in the preceding article will agree upon what is necessary for the tranquillity of the country. Art. 6. Persons in the division of the south remain entirely at liberty to live, work, or settle at any point of Alta California; assured that they will not be molested for having manifested their opinion on this occasion, on condition that they never use their arms to break this agreement, others concerned enjoying the same guaranties on the same conditions. Art. 7. Gen. Tobar will be recognized as an officer of the Mexican army, and will be shown all the consideration due to his position. Art. 8. Pending the arrangement indicated in art. 5, Lieut M. G. Vallejo will be recognized as comandante general of Alta California. Cárlos Anto Carrillo. Juan B. Alvarado.'