CALIFORNIA. 167 



was held. This messenger brought them to a quick decision, and in a 

 few minutes a flag of truce was sent out, surrendering unconditionally. 

 At ten o'clock, the deputation which had been appointed, consist- 

 ing of Alvarado, Castro, and two ignorant Rancheros, marched in 

 with their force, accompanied, it is said, by some American masters 

 of vessels who were in port. Gutierez and his followers laid down 

 their arms and accepted the stipulations; which were a guarantee of 

 life to himself and officers, and that those who chose might either 

 remain in the country or be suffered to depart. The Mexican flag 

 was now hauled down; when the courage of Alvarado and the deputa- 

 tion failed them, and they refused to hoist the flag of California, which 

 had been prepared for the occasion, and was then ready to be dis- 

 played, without first holding a council. This was supposed to be 

 done through the advice of Ramierez and Cosme Penne, who now 

 found that the affair had reached the point they desired, and that it 

 was necessary to prevent any further act in favour of the foreigners. 

 The council was accordingly held, and Miguel Ramierez and Cosme 

 Penne were both allowed to be present. The four articles of declara- 

 tions formally made, and that have been above recited, were read over 

 for the purpose of being considered and adopted ; when these two 

 stated it was not according to their understanding of the plan agreed 

 upon: that it was not to declare the country altogether free and inde- 

 pendent of Mexico, but only until the constitution of 1824 should be 

 established. Upon this, the members of the deputation, who were per- 

 fectly ignorant of their duties or business, simply answered : " Well, 

 very well ; it is just what we wanted : some persons who have longer 

 heads than any of us to put us in the right way and help us better out 

 of the scrape we have got into." Don Cosme immediately took advan- 

 tage of this, and gave the watchword, "Viva California libre, y muerte 

 a la centralism !" — upon which the Mexican flag was again hoisted. 

 This produced much dissatisfaction among the foreigners, and the fear 

 of them prevented Ramierez and Cosme Penne from going farther. 

 In the selection of officers, Alvarado was nominated as governor, 

 by Castro ; General Vallejo, as commandant-general; Castro, as lieu- 

 tenant-colonel of the militia; and the inebriate Cosme Penne, as secre- 

 tary of state. 



This proved satisfactory to the foreigners, although it was not what 

 they wished: but the act removing one-half the duties was still more so. 



It was soon determined that the Mexicans ought to be removed at 

 once out of the country, notwithstanding the stipulations of the sur- 

 render to the contrary. Accordingly, the British brig Clementine was 

 chartered, in which Gutierez and all his officers, with a large number 



