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The Scene Of The CrimeOn
the morning of September 19th, 2009, users of Monterey's shoreline
recreation trail were dismayed to find that a twenty foot redwood
cross,
which stood on Del Monte Dunes near the Monterey Beach Resort, had been
cut
down by vandals during the night. What began as a simple crime quickly
became a constitutional crisis that has sharply divided the community.
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| The crime
scene |
Explanatory
plaque
Click photo to enlarge |
When the story broke, it also came to light that the American Civil
Liberties Union was in the process of challenging the legality of the
cross because it was on city property. A heated debate
immediately
followed. While everyone agreed that
vandalism should not be tolerated, there remained the question of what
to do next. Should the cross be repaired, moved to private property, or
left to rot somewhere out of public view?
On
October 7th the Monterey City Council voted to replace the cross, with
the stipulation that a legal defense fund of $50,000 be established
with private donations before proceeding.
Many
were outraged by this decision, and as many people praised it. Some
were of the opinion that the city had no business
promoting a religious symbol on public property, citing constitutional
principles of separating church and state. Others felt the ACLU's
grievance
was petty, and that a cross was a beautiful symbol
of faith.
Virtually lost in the shouting was the true meaning of this particular
cross. Though many people on both sides recognized its local historic
significance, most of these folks got the story
wrong. This only added to the confusion over whether this was
a secular or religious monument. The most popular misconception
is that it marked the location
where the Portola-Crespi expedition "landed" on the shores of Monterey
Bay (hard to do, since it was a land expedition), and the cross was
erected as part of their quest to spread Christianity.
What follows is the true story.
The quest to find Monterey Bay
In 1602, the Spanish explorer Sebastian Viscaino sailed from Mexico up
the coast of what was then known as Alta California. He brought back
reports of a large bay with a natural harbor at its southern end. He
felt that it's
relative seclusion, and proximity to sources of timber made the site
suitable for future colonization. Viscaino was not the first to sail
here, for Juan Cabrillo had reported on this bay 60 years earlier. But
Viscaino provided more detailed and glowing (some say, exaggerated)
reports. He named the place after the viceroy who approved his
expedition, the Count of Monte Rey.
Yet another century and
a half passed before the Spanish got serious about colonizing
Alta
California. It wasn't until 1768 that another expedition from Mexico
was planned.
It had two goals. First, to establish a presidio (a fortified settlement) at San Diego, and
second, to locate Monterey Bay and establish another presidio by the
harbor described by Viscaino.
The San Diego settlement was
established in the late Spring of 1769. Shortly thereafter a land
expedition, a large group consisting of soldiers, natives, and pack
mules, was assembled there. Led by Captain Don Gaspar de Portola and
Father Juan
Crespi, they began their march northward on July 14th. A supply
ship from Mexico, the San Jose, was supposed to
rendezvous with them when
they reached Monterey Bay. Little did they know, the ship had already
been lost at sea before they set out.
The expedition worked its way up the coast then turned
inland near Morro Bay. They struggled
over coastal mountains until they came upon what is now known as the
Salinas River. However, they mistook it for the Rio del Carmelo (Carmel
River) described by Viscaino. That was their first
navigational mistake which caused confusion for the rest of their
journey.
Viscaino
accurately described the Carmel River as
being south of Monterey Bay. So when the Portola-Crespi expedition
arrived at the mouth of the Salinas River on October 1, 1769, they
believed they were still south of their destination.
After five
days they continued north until they reached San Francisco Bay. By
November
11th, realizing they had overshot their destination, they turned back
south.
By now they were acutely aware that the
navigational information left by Viscaino was woefully inadequate. Even
worse, their provisions were running low and the San Jose
was nowhere to be found.
On
November 28th, the party stood on the southern shores of Monterey Bay,
completely unaware that they had arrived at their destination. To their
eyes it looked nothing like the bay described by Viscaino. In one last
attempt, they marched a bit farther south, and camped for several days
near San Jose Creek, unaware that they were just south of the actual
Carmel River. Suffering
from malnutrition and illness, the decision was finally made to return
to San Diego.
On
December 9th or 10th (Mr. Toy's history books disagree on the exact
date) the group erected a
large wooden cross on the shore near the campsite to signal passing ships, the San Jose
in
particular. A cross was chosen because it was easily constructed from available
materials and would be readily identified by the ship's lookouts. Etched in
the wood were instructions to dig at the base where a
message was placed in a container. The message explained their
situation
and stated that they were returning to San Diego. A second cross
was erected
on the shore near the southeast side of Monterey Bay before heading back
to their San Diego base.
Success at last
In April
1770 Portola and Crespi set out once again, this time with an
understanding of their earlier navigational errors. They located
Monterey on May 24th. They soon discovered that the second cross they had erected was still
standing. Crespi reported in his journal that natives had placed a pile
of mussels at the base, which was also surrounded by arrows stuck in
the
ground. Hanging from the cross was a string of "half fresh" sardines.
Meanwhile, Father Junipero Serra
set sail aboard the
supply ship San Antonio, arriving at Monterey on
May 31st. The first Spanish settlers were in Monterey to stay. |
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Modern Commemoration
The Portola cross replica overlooking Carmel Bay
In
1944 Harry Downie, who was in charge of the Carmel Mission restoration,
raised a hand-made replica of Portola's first cross on a small hill
overlooking the Carmel River lagoon, in honor of the expedition that
camped nearby 175 years earlier. The site, which at the time was
privately owned, became part of Carmel River State Beach in 1953.
Downie's cross fell during a fierce storm in November 1983, and was
promptly replaced by a group of local volunteers. A plaque at the base
of the hill's south side explains the history behind the cross.
Downie
also made second replica to commemorate the bicentennial of
Monterey's founding. It was raised and dedicated at a public ceremony
on December 9, 1969, exactly 200 years after Portola's men erected
their second cross on the same shore. Hand made from locally
grown redwood, it was anticipated that this cross would be durable
enough to stand until the
city's 300th birthday. A small explanatory plaque with the
following inscription was mounted on a rock near it's base:
In
the winter of 1769, the Spanish expedition in search of Monterey Bay,
under the command of Don Gaspar De Portola and Father Juan Crespi,
erected a cross on or near this site and left the following message:
"The land expedition is returning to San Diego for lack of provisions
today, December 9, 1769."
This monument was dedicated December 9, 1969 by the citizens
of Monterey to honor our 200th birthday.
Forty
years later this cross lay flat on the dune after a criminal's power
saw ripped through the wood at its base.
As
of this writing, it is
unknown if it will rise again. Only about $5,000 was raised for the
legal defense fund. After an initial surge of support, donations
stopped coming in. (Probably because the fund was not promoted beyond
the initial announcement.) On February 26, 2010 it was decided that the
fund would be abandoned and the donations would be returned to the
contributors.
A Historic Dilemma
There are many legal and moral questions in this case that need clear
answers:
- Since a cross was the only significant artifact left by the explorers, can any sort of monument, other than a bland,
uninspiring plaque, be erected here to accurately
represent the historic event without displaying a cross of some sort?
- This
particular cross has a specific secular meaning, representing an
actual historical act. The ACLU argues that a "reasonable person" viewing the cross on a
public beach would assume that the city was endorsing religion. But
would a reasonable person's thought process be so shallow as to ignore
other possibilities? Would they not seek further information to find
out for sure? Would it not be the unreasonable person who would jump to
a hasty conclusion? Does
a common misperception of it's meaning take priority
over the actual intent of the monument in determining its
legality?
- Do the US and state constitutions really
require that all religious references be banished from public property,
or are they flexible enough to accommodate historical monuments with
religious connotations? Is the government prohibited from acknowledging the role religion played in local history?
- If
the ACLU's threat of litigation prevents the city from repairing the
cross wouldn't that suggest that the ACLU had taken advantage of a
crime for its own purposes? Wouldn't that set a bad precedent and
indicate that the crime of vandalism was an effective means "resolving"
a First Amendment dispute?
- If it is determined that this
cross is unconstitutional, how will other
monuments and activities with religious significance on local public
lands be affected? These
include:
- The other Portola-Crespi cross replica near the Carmel
River.
- The Santa Rosalia statue - the patron saint of fishermen - next to
Fisherman's Wharf.
- Two statues of Father Junipero Serra in
Carmel.
- The "El Camino Real" mission bells along
public roads and highways marking the original route that connected the Catholic missions.
- Monterey's famous hand-painted Christmas angels hung on light poles every December.
- The
memorial cross erected on Fort Ord land marking the site where the body
of 13 year old kidnap and murder victim Cristina Williams was
found.
- Temporary religious activities on public
land,
such as wedding ceremonies at Lovers Point, or Native American
ceremonial dances in front of Monterey City Hall on First Night?
- One might also ask why the ACLU has not gone after these other
items. Why has the ACLU singled out the Monterey beach cross?
Something tells us this cross will make history again. Stay tuned.
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