The Evening News. September 29, 1916.

9. Law And Order In The Pueblo. Part II.

Indians were seldom imprisoned. The government thought a jail too costly and distinguished for Indians. It was far easier to flog or shoot them. Governor Fages punished theft of cattle among the Indians by death. It was for the civilized Americans to introduce hanging.

Cattle stealing was a fascinating and incurable crime among Indians.

In 1783 Governor Fages marched with troops against gentiles near Santa Clara for stealing horses from settlers. They killed two Indians and frightened the rest into obedience. In 1877 fifteen natives, including three chiefs, worked in the Presidio for stealing horses. Thirty-five pounds of powder, 800 bullets, 100 flints were sent to San Jose as reserve ammunition.

Horse stealing has always been considered a serious offense in California. In the early days every man was supposed to take care of his life, but property was defenseless. As late as 1852 Governor Burnett, the first Governor of California, in a message to the Legislature, recommended hanging as a punishment for theft of horses until prisons and jails should be established.

In 1835 no one could mark, brand or kill stock except on days designated by the Ayuntamiento (Town Council), and never without permission from the juez (judge), who should inform the Alcalde. A violation of this law was punishable by a fine. No one could even give a fandango without permission of the Alcalde. A non-licensed dance was stopped and the host was obliged to pay a fine of $20.00.

At the close of the eighteenth century the Alcalde ordered immoral girls in San Jose whipped or kept at public work, sweeping streets or carrying brick and mortar for buildings. If the girls had a few reales to pay as a fine, punishment was remitted.

Women were not allowed to go to the Pueblo without their husbands. Men and women who went to the Mission to sleep without leave were placed in stocks.

There was no leniency shown by the government to immoral men. All boys over twelve were compelled to sleep in the guardhouse "for protection of family peace." Governor Borica stormed at erring husbands form Monterey. He threatened them with exposure. Then if they persisted in evil they were handcuffed, secluded in a respectable house and later sentenced to hard work.

The early archives are stained with the misconduct of one Francisco Avila, who must have been the wickedest man in town. He was usually in prison, exile or doing a jail sentence for his sins. One wrongdoer from Los Angeles, Navarro, was exiled to San Jose. So evil was he here that he was exiled to San Francisco, where he is lost in history. One of the laws for the citizens of Santa Cruz was that her citizens must not go in pleasure trips to wicked San Jose.

In 1804 citizens of San Jose, in order to gratify their love of gaudy finery, appeared in soldiers uniforms. Commandant de la Guerra at Monterey complained. The Governor ordered citizens of San Jose to desist from wearing the insignia of the army. Otherwise they had eighteen days in the calabozo. A man who made a scandal in church in San Jose received twenty-five blows in public or passed a month in stocks.

In 1821 the church threatened anyone who waltzed with excommunication. Juan Bandini introduced the waltz in 1830, when for the first time it was danced at the Governor's ball in Monterey.

(To be Continued)

Transcribed by Claire Martin, for the Santa Clara Co. CAGenWeb Project. 2007.

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