Of Committee on Indian affairs to whome was referred the papers and Documents of the Fitzgerald Volunteers.
Accepted and laid on the table 28th March, 1853
Taken up and adopted, 31st March 1853
J. S. Love
Asst. Secy Senate
Report of Committee on Indian Affairs
The committee, to whom was referred the papers and documents of the Fitzgerald Volunteers, serving in San Diego County, in the year 1852 against hostile Indians,
Beg leave to Report that the matter before them has been thoroughly investigated and examined, and we feel satisfied that hostile feels of a very serious nature did exist at that time, among the Indians of the above named County, from the fact that five most worthy citizens were most brutally murdered by them at Augua Caliente, who were sojourning there for a short time with the hope of regaining their health, that the Chief Antonio Garro with his band of three to four thousands warriors intended to exterminated the white population of that county, is in the minds of the committee, without a doubt, his plans, no doubt, were well laid, through the assistance of an American named William Marshall and a Mexican named Juan Berro.
But the energetic citizens of the County, soon raised a company of Volunteers, but fearing their strength to weak to combat the numberless foe, the Sheriff addressed a letter to the Chief executive in his official capacity, imploring him to send them such aid as was necessary, to which his excellency responded by calling out a Regiment of Volunteers under Col. Jack Hays. However by this time the Fitzgerald Volunteers succeeded in Capturing the chief Antonio Garro Bill Marshall and Juan Berro, who were each and separately tried by a court martial found guilty and were executed, which caused the speed termination of indian hostilities in that county.
Your committee feel satisfied that the claims are just and should be paid, and beg leave to introduce a bill providing for their payment, and recommend its passage.
R. T. Sprague
J. B. Kurtz
J. H. Nalle
"Report of Committee for Indian Affairs," 1853
California State Archives