ie 4 Bic pros einen Dw vars S Faz VET lw 3 1924 097 311 942 Cornell University Libvary | BOUGHT WITH THE INCOME FROM THE : SAGE ENDOWMENT FUND | THE GIFT OF t Henry W. Saar | 1891 ASD OURBIAEST WENA LAPT OLN BALUT AA OPEL AARALE LS A a SM ee HISTORY — OF THE — STATE OF GALIFORNIA, FROM THE PERIOD OF THE CONQUEST BY SPAIN, TO HER OCCUPATION BY THE UNITED STATES OF AMERICA. CONTAINING AN ACCOUNT OF THE DISCOVERY OF THE IMMENSE GOLD MINES AND PLACERS, A DESCRIPTION OF HER MINERAL AND AGRICULTURAL RESOURCES, WITH THRILLING ACCOUNTS OF ADVENTURES AMONG THE MINERS, — aLso, — A BRIEF ACCOUNT OF THE FORMATION OF THE GOVERNMENT AND CONSTITUTION OF THE STATE, WITH NUMEROUS ILLUSTRATIONS. By JOHN © ROST, LL.D, —— ecm, NEW YORK: HURST & CO., PUBLISHERS, 122 NASSAU STREET. A po Tao PREFACE. Tue occupation of California by the people of the United States, and the discovery of its rich gold mines, form a new era in the history of the world. According to present appear- ances, these events forebode a complete revolu- tion in monetary and commercial affairs. The receipts of gold from California have already produced a sensible effect on the financial af- fairs of our country; and far-seeing people pre- dict an entirely new state of things with respect to the relative value of money and property. Still more important effects are anticipated from the establishment of a new, rich, and en- terprising State of the American Union on the shores of the Pacific. Railroads across the con- tinent will soon transport the rich products of Eastern Asia, by a quick transit, to the Atlan- tic cities and to Europe; and a passage to China or India, which was formerly a serious undertaking, will become a pleasant excursion. (3 4 PREFACE. To gratify the public curiosity with respect to the history and present state of this new member of the Union, is the purpose of this volume. In preparing it, the author has passed rapidly over the early history, and dwelt chiefly on recent events, and the actual state of the country, as he considered that, by this course, utility would be more effectually consulted. In the Appendix he has introduced the con- stitution of California, and some official docu- ments, whose importance deranded their pre- servation in a permanent form. CONTENTS CHAPTER f. GVECGRAPHICAL OUTLINE OF CALIFORNIA: +++ e+ cecuceecenerssevusesecs CHAPTER IL. ISCOVERE OF CALIFORNIA: ess sseces ec secccsecsceavecnevevscvesensovessveee JD CHAPTER UG. PROM TEE FIRST SETTLEMENT TO THE REVOLUTION IN MENECO + +++ sereereeeeees 20 CITAPTER LV. BRoM THE REVOLUTION TILL THE WAR BETWEEN THE UNITED STATES AND Mexico: 24 CHAPTER ¥. #ROM THE COMMENCENENT OF THE WAR TILL ITS CLOSE-- +++ etseeersereces OF CHAPTER Vi. DISCOVERY OF THE GOLD PLACERS «++ ++ -eee ee eeees ee eee eee eee eee ee - 36 CUALPTER VIi. ADVENTURES OF SOME OF THE MINERS, AND INCIDENTS CONNECTED WIT Mininc-- 56 CUAPTER VIII DESCRIPTION OF SOME OF THE CITIES AND TOWNS OF CALITORSTA, BEFORE AND AFTER THE DISCOVERY OF THE GOLD MINES- ++ +--+ ++ 0s iiarsaniensasengmeng IY OUAPTER TX. THE FORMATION CP & STATE GOVERNMENT: + esse ee ee eee cette eres eee te ee eee +) 118-—______ CHAPTER X. PRESENT STATE OF CALIEORNIA- ++ ee eeee ee ccee ence ences Geeloihavegeuga dees souk 132 CIEAPTER XI. THE DIFFERENT RevuTes TO CALZFORNIA, AND THEIR RESPLCTIVE CHARACTLRS-+-+-- 181 CHAPTER XII. RECENT EVENTS CONNECTED WiTH, AND UAPPLNING IN, C\LIFORNIA- ++ +--+ ee ee eee 218 CITAPTER NIT. Toe MINERALOGICAL AND CTHER CHARACTERISTICS OF GOLD, AND TRE “ODE OF DIg- TINGUISOING IT WHEN FOUND; TOGETIiR WITH THE ASSAY, REDUCTION, AND RE- FINEMENT OF GOLD - : 7 6 CONTENTS. CHAPTER XTV. Pe ADDITIONAL WeCENT EVENTS «ee eee esse ee ee ee ee eee + 86 4a be eeies boip ewes ew esae 249 CHAPTER XY. A GENERAL VIEW or CALIFORNIA AT THB PRESENT TIME: +++ tote eeeeeeeeecerees 2565 CHAPTER XVI. Natrona [istory OF CALIFORNIA: -- . APPENDLE- +20 sscnccesccccscscons THE HISTORY OF CALIFORNIA. CHAPTER I. GEOGRAPHICAL OUTLINE OF CALIFORNIA. THE territory called California is that part of North America situated on the Pacific Ocean, and extending from the 42° of north latitude southwardly to 22° 48’, and from 107° longitude, west from Greenwich, tc 124°. It is bounded on the north by Oregon terri- tory, east by territories belonging to the United States and the Gulf of California, and on the south and west by Mexico and the Pacific Ocean. Califor- nia is naturally divided into two portions; the penin- sula, called Lower California, and the territory ex- tending northward from the peninsula, on the Pacific Ocean, called Upper California. The line of division between Upper and Lower California runs nearly along the 32d parallel of latitude, westward from the head of the Gulf of California. The peninsula of California is about one hundred and thirty miles in breadth, where it joins the conti- nent. It extends south-eastwardly, generally dimi- nishing in breadth, till it terminates in two points. The point farthest south-west is called Cape San (7) 8 HISTORY OF CALIFORNIA. Lucas. The other, sixty miles east by north of San Lucas, is called Cape Palmo. The peninsula is about seven hundred miles long Upper California extends, upon the Pacific, from the 32d parallel of latitude, northward to the 42d parallel, a distance of about seven hundred miles. It is separated from Oregon by a range of highlands, called the Snowy Mountains, or, by the Spaniards, the Sierra Nevada. The eastern limit of Upper Cali- fornia is rather uncertain. By some it is considered as including the region watered by the Colorado River, while others limit it by the great mountain range that extends along the western side of the continent. The Californian peninsula seems to be a prolonga- tion of the great western chain of mountains. It consists entirely of high, stony ridges, separated by sandy valleys, and contains very few tracts of level ground. In a general view, it might be termed an irreclaimable desert. The scarcity of rain and the small number of springs of water, with the intense neat of the sun’s rays, uninterrupted in their passage, render the surface of the country almost destitute of vegetation. Yet in the small oases formed by the passage of a rivulet through a sandy defile, where irrigation is possible, the ground may be made to pro- duce all the fruits of tropical climes, of the finest quality, and in great quantity. The southern portion of the peninsula contains several gold mines, which have been worked, though not to any great extent. On the Pacific side, the coast offers many excellent harbors, but the lack of fresh water near them proves an obstacle in the way of their occupation. The principal harbors are the Bay of la Magdalena, separated from the ocean by the long island of Santa HISTORY OF CALIFORNIA. 9 Margarita, the Bay of Sebastian Vizcaino, east of the Isle of Cedaro, Port San Bartolomé, sometimes called Turtle Bay, and Port San Quintin, a good harbor, with fresh water in the vicinity, and called by the Spanish navigators the Port of the Eleven Thousand Virgins. The great westernmost range of mountains runs northward from the peninsula, nearly parallel with the Pacific coast, to the 34th parallel of latitude, be- low which is Mount San Bernardin, one of the highest peaks in California, about forty miles from the ocean. Farther northward, the space between the mountains and the coast becomes wider, and, in a few places, reaches eighty miles. ‘The intermediate region is tra- versed by lines of hills, or smaller mountains joined with the great range. The most considerable of the inferior ridges extends from Mount San Bernardin’ to the south side of the entrance of the Bay of San Francisco, where it is called the San Bruno Moun- tains. Between this range and the coast runs the Santa Barbara range, terminating at the Cape of Pines, on the south-west side of the Bay of Monterey. Bordering on the Bay of San Francisco, on the east side, is the Bolbona ridge. Beyond these are lines of highlands which stretch from the great chain and ter- minate in capes on the Pacific. There are many streams among the valleys of Upper California, some of which, in the rainy season, swell to a considerable size. But no river, except the Sacramento, falling into the Bay of San Francisco, is known to flow through the maritime range of moun- tains, from the interior to the Pacific. The valleys thus watered offer abundant pasturage for cattle. The pe harbors of Upper California are those 10 FISTORY OF CALIFORNIA. offered by the Bays of San Francisco, Monterey, San Pedro, Santa Barbara, and San Diego. The Bay of San Francisco is one of the finest harbors in the world. The combined fleets of all the naval pewers of Europe might there find safe shelter. It is surrounded by ranges of high hills, and joins the Pacific by a passage two miles wide and three in length. The other harbors can only be frequented in the fine season, and afford a very insecure shelter for vessels. San Diego is the farthest south. The bay at that place runs ten miles eastward into the land, and is separated from the ocean by a ridge of sand. Proceeding northward, about seventy miles, the Bay of San Pedro is next met. It is open to the south- west winds, but sheltered from the north-west. About a hundred miles north-west of San Pedro, is the har- bor of Santa Barbara. It is an open roadstead shel- tered from the north and west winds, but exposed to the violence of the south-westerly storms, which pre- yail during the greater part of the year. A hundred miles farther north is the Bay of Monterey. It is extensive, and lies in an indentation of the coast, somewhat semicircular. The southernmost portion is separated from the ocean by the point of Jand ending at the Cape of Pines. In the cove thus formed, stands the town of Monterey, for some time the capi- tal of California. The harbor affords but a poor shel- ter from storms. The Sacramento and San Joachim are the princi- pal rivers of California, but the Sacramento alone is navigable to any extent worthy of mention. There are numerous small streams and lakes in the interior, the principal outlet of which is the Colorado River. The valleys through which these streams flow are HISTORY OF CALIFORNIA. 11 fertile, and afford good pasture for cattle; but the remainder of the region between the maritime and the Colorado ranges of mountains is a barren waste of sand. CHAPTER II. DISCOVERY OF CALIFORNIA. Tue first exploration of the Pacific coasts of North America was made by the Spaniards, in the sixteenth century. After Hernando Cortes had completed the conquest of Mexico, he commenced exploring the ad- joining seas and countries; no doubt, with the hope of discovering lands richer than those which he had couqucred, and which would afford new fields for the exercise of his daring enterprise and undaunted per- severance. He employed vessels in surveying the coasts of the Mexican Gulf, and of the Atlantic more northerly. Vessels were built upon the Pacific coast for like purposes, two of which as early as 1526, were sent to the East Indies. The first expedition of the Spaniards, sent along the western coast of Mexico, was conducted by Pedro Nunez de Maldonado, an officer under Cortes. He sailed from the mouth of the Zacatula River, in July, 1528, and was six months engaged in surveying the shores from his starting-place to the mouth of the Santiago River, a hundred leagues farther north-west. The territory he visited was then called Xalisco, and inhabited by fierce tribes of men who had never been 12 HISTORY OF CALITORNIA. conquered by the Mexicans. Flattering accounts of the fertility of the country and of the abundance of the precious metals in it were brought back by the ex- pedition, and these served to excite the attention of the Spaniards. When the expedition returned Cortes was In Spain, whither he had gone to have his title and powers more clearly defined. He returned in 15380 with full power to make discoveries and con- quests. upon the western coast of Mexico. From the opposition of his enemies, he was prevented from fit- ting out an expedition before 1532. The most north- ern post upon the Pacific coast, oecupied by the Spaniards, was Aguatlan, beyond which the coast was little known. The expedition sent by Cortes to the north-western coast of Mexico was commanded by his kinsman, Diego Hurtado de Mendoza. It sailed from Tehuantepec in July, 1532, and consisted of two vessels; one com- manded by Diego Hurtado de Mendoza in person, and the other by Juan de Mazuela. Mendoza proceeded slowly along the shore of the contiment as far as the 27° of latitude, where, his crew being mutinous, he sent back one of his vessels with the greater part of his men, and continued the voyage with the remaining vessel, Vague reports were afterwards received that Mendoza’s vessel was thrown ashore somewhere to the northward, and that all on board had perished. The vessel which was sent back, was stranded near the mouth of the River Vanderas, and after the murder of the greater part of the crew, she was plundered by Nuno de Guzman, Governor of Xalisco. About the middle of the next year, Cortes received the news of the return of the vessel which Mendoza had sent back, and he immediately despatched two ships urder HISTORY OF CALIFORNIA. 13 the command of Hernando Grijalva and Diego Be- cerra, in search of the other. These ships sailed on the 30th of September, 1533, but were soon sepa- rated. Grijalva discovered the islands of St. Thomas, as he called them—a group of islands about fifty leagues from the coast. He remained there till the following spring, and then returned home. Becerra proceeded north-westward; but his crew mutinied, and he was murdered by Fortuno Ximenes. The mutineers, under Aimenes, then steered directly west from the main land, and soon reached a coast not known to them before. They landed, and soon after XAimenes and nineteen men were killed by the na- tives. The rest of the men carried the vessel over to Xalisco, where she was seized by Nuno de Guz man. Soon after these unlucky expeditions, Nuno de Guzman sent out several exploring parties in a north. erly direction, one of which traced the western shore as far as the mouth of the Colorado, and brought back accounts of a rich and populous country and splendid cities in the interior. When Cortes became acquainted with the seizure of his vessels, a dispute arose be- tween him and Nuno de Guzman, which almost led to a battle between their forces. But no action oc- curred, and Cortes, having heard of the newly disco- vered country, which was said to abound in the finest pearls, embarked at Chiametla, with a portion of his men, and set sail for the new land of promise. On the 8d of May, 1535, the day of the Invention of the Holy Cross, according to the Roman Catholic Calen- dar, Cortes arrived in the bay where Ximenes and his fellow-mutineers had met their fate in the previous year. In honor of the day, the place was called 14 HISTORY OF CALIFORNIA. Santa Cruz, and possession of it was taken in the name of the Spanish sovereign. The country claimed by Cortes for Spain, was the south-east portion of the peninsula, which was after- wards called California. The bay, called by Cortes, Santa Cruz, was, perhaps, the same now known as Port La Paz, about a hundred miles from the Pacific, near the 24th parallel of latitude. Cortes landed on the shore of this bay, rocky and forbidding as it ap- peared, with a hundred and thirty men, and forty horses. He then sent back two of his ships to Chia- metla, to bring over the rest of his troops. The ves- sels soon returned with a portion of the troops, and being again despatched to the Mexican coast, only one of them returned. The other was wrecked on her way. Cortes then took seventy men and embarked for Xalisco, from which he returned just in time to save his troops from death by famine. A year was spent in these operations, and the troops began to grow discontented. A few pearls had been found on the coast, but the country was found to be barren, and without attractions for Spaniards. In the mean time, the wife of Cortes hearing reports of his ill success, sent a vessel to Santa Cruz, and en- treated him to return. He then learned that he had been superseded in the government of New Spain by Don Antonio de Mendoza, who had already entered the capital as viceroy. Cortes returned to Mexico, and soon after, recalled the vessels and troops from Santa Cruz. The viceroy, Mendoza, had received some informa- tion concerning the country north-west of Mexico, from de Cabeza-Vaca and two other Spaniards, who had wandered nine years, through forests and deserts. HISTORY OF CALIFORNIA. 15 from Tampa Bay, Florida, until they reached Culta- can. ‘They had received from the natives, accounts of rich and populous countries situated to the north- west. Mendoza, wishing to ascertain the truth of the reports, sent two friars, according to the advice of Las Casas, to muke an exploration. They were ac- companied by a Moor who had crossed the continent with Cabeza-Vaca and his friends, and they set out from Culiacan on the 7th of March, 1539. Soon after the departure of the friars, Cortes sent out his last expedition. It was commanded by Fran- cisco de Ulloa, and consisted of three vessels, well equipped. Sailing from Acapulco, on the 8th of July 1539. Ulloa reached the Bay of Santa Cruz, after losing one of his vessels in a storm. From Sante Cruz he started to survey the coast towards the north- west. He completely examined both shores of the Gulf of California, and discovered the fact of the connection of the peninsula with the main land, near the 82° of latitude. This gulf Ulloa named the Sea of Cortes. On the 18th of October, he returned to Santa Cruz, and on the 29th again sailed with the object of exploring the coasts farther west. He rounded the point now called Cape San Lucas, the southern extremity of California, and sailed along the coast towards the north. The Spaniards proceeded slowly, as they were opposed by north-western storms, and often landed and fought with the natives. In January, 1540, Ulloa reached the island under the 28th parallel of latitude, near the coast, which they named the Isle of Cedars. There he remained till April, when one of the ships, bearing the sick and accounts of the discoveries, was sent back to Mexico. The veturning vessel was seized at Santiago by the 16 HISTORY OF CALIFORNIA. officers of the viceroy. The fate of the remaining vessel is uncertain. Some of the writers of that day asserting that he continued his voyage as far north ag the 30° of latitude, and returned safely to Mexico; while one asserts that nothing more was heard of him after the return of the vessel he sent back. In the mean time, the two friars and the Moor penetrated a considerable distance into the interior of the continent, and sent home glowing accounts of rich and delightful countries which they said they had dis- covered. The inhabitants had, at first, been hostile, and had killed the Moor; but in the end submitted to the authority of the King of Spain. Mendoza, be- lieving the accounts of the friars to be strictly true, prepared an expedition for the conquest of the coun- tries they described. Disputes with the different Spanish chieftains occupied some months, at the end of which Cortes returned to Spain, in disgust. Men- doza despatched two bodies of troops, one by land, the other by sea, to reconnoitre the newly discovered land, and clear the way for conquest. The marine expedition was undertaken by two ships, under the command of Fernando de Alarcon, who sailed from Santiago on the 9th of May, 1540, and proceeding north-west along the coast, he reached the head of the California Gulf, in August of the same year. There he discovered the river now called the Colorado. The stream was ascended to the distance of eighty leagues, by Alarcon and some of his men, in boats ; but all their inquiries were unsatisfactorily answered, and it was determined to return to Mexico. The ves- sels returned safely before the end of the year. The land forces sent, at the same time, to the north- west, were composed of infantry and cavalry, and HISTORY OF CALIFORNIA. 1% commanded by Francisco Vasquez de Coronado, who had been appointed governor of New Gallicia, in place of Nuno de Guzman. The party left Culiacan on the 22d of April, 1540, and took their way north, follow- ing the course described by the friars. They found the route which had been represented as casy, almost impassable. They made their way over mountains, and deserts, and rivers, and, in July, they reached the country called Cibola by the natives, but found it a half cultivated region, thinly inhabited by a people destitute of the wealth and civilization they had been represented as possessing. What had been represented as seven great cities, were seven small towns, rudely built. A few Aurquoises and some gold and silver supposed to be good, constituted the amount of what had been termed immense quantities of jewels, gold and silver. The Spaniards took possession of the country and wanted to remain and settle there. But Vasquez refused to acquiesce; and after naming one of the towns he visited, Granada, he started for the north-west, in search of other countries. The region called Cibola by the inhabitants, which Vasquez visited, is the territory now called Sonora, and is situated about the head waters of the Rivers Yaqui and Gila, east of the upper portion of the Gulf of California. The movements of the Spaniards after leaving Cibola, in August, 1540, have been the subject of very vague and contradictory accounts. All that is certain is, that the greater part of the force soon returned to Mexico, and that Vasquez, with the remainder, wandered through the interior for nearly two years longer, when, being disappointed in his expectations, he returned to Mexico in 1542. In the spring of 1542, two vessels were placed under 2 18 ILISTORY OF CALIFORNIA. the command of Juan Roderiguez Cabrillo, a Portu guese navigator of great reputation. The two vessels sailed from Navidad, a small port in Xalisco, in June, 1542. They rounded Cape San Lucas, and proceeded north-west, along the coast, as far as the 88th degree of Jatitude, when he was driven back, and took refuge in a harbor of one of the San Barbara islands. There Uabrillo died and the command devolved on Barto- lome Ferrelo. Ferrelo was a zealous and determined man, and he resolved to procced with the expedition. He sailed towards the north, and on the 26th of February, reached a promontory near the 41st parallel of latitude, which he named Stormy Cape. On the 1st of March, the ships reached the 44th parallel, but they were again driven south; and the men being almost worn out, Ferrelo resolved to go back to Mexico. He arrived at Navidad on the 14th of April, 1543. The promontory called Stormy Cape by Ferrelo, was the most northern portion of California visited by that navigator, and it is probably the same which is now called Cape Mendocino. From all accounts that they had been able to collect, the Spaniards concluded that neither rich and popu- lous countries existed beneath the 40th parallel of latitude, nor was there any navigable passage between the Atlantic and Pacific Oceans to be found in the same region. They, therefore, ceased to explore the north-western territory for some time after the return of Ferrelo in 1543. Having thus given a somewhat detailed account of the discovery and explorations of the territory now called California, it will be sufficient to merely mention the various expeditions that visited it prior to the first regular settlement. In the spring of 1579, California HISTORY OF CALIFORNIA. 19 was visited by Sir Francis Drake, the English naviga tor, who landed on the shores of a bay supposed to be that of San Francisco. He formally took possession of the country in the name of Queen Elizabeth, and called it New Albion. He left California on the 22d of July, 1579. In the spring of 1596, Sebastian Viscaino, under orders from the viceroy of Mexico, attempted to plant colonies on the peninsula of Cali- fornia, but the country was soon abandoned on account of the barrenness of the soil and the ferocity of the natives. Viscaino visited the coast of Upper Califor- nia in 1602, and discovered and named some of the places Cabrillo had discovered and named long before. The Port San Miguel of Cabrillo was named Port San Diego; Cape Galera was named Cape Conception, the name now borne by it; the Port of Pines was named Port Monterey. This was the last expedition made by the Spaniards along the coast of California for more than a hundred and sixty years. Various attempts were made to establish colonies, garrisons, and fishing or trading ports, on the eastern side of the peninsula of California, during the seven- teenth century, but all failed, either from the want of funds, the sterility of the country, or the hostility of the natives. The pearl fishery in the gulf was the principal bait that attracted the Spaniards, and they succeeded in obtaining a considerable quantity, some of which were very valuable. 20 HISTORY OF CALIFORNIA. CHAPTER IIL. FROM THE FIRST SETTLEMENT TO THE REVOLUTIC? IN MEXICO. THE first establishment of the Spaniards in Califor- nia, was made by the Jesuits, in November, 1597. The settlement was called Loreto, and founded on the eastern side of the peninsula, about two hundred miles from the Pacific. On entering California, the Jesuits encountered the same obstacles which had before prevented a settlement of the country. The land was so sterile, that it scarcely yielded sustenance to the most industrious tiller, and as the settlements were all located near the sca, fishing was the resource of the settlers to make up the deficiency of food. The natives continued hostile, and killed several of the Jesuit fathers. By perseverance and kindness, the Jesuits overcame all the obstacles with which they met, and within sixty years after their entrance into Califor- nia, they had established sixteen missions, extending along the eastern side of the peninsula, from Cape San Lucas to the head of the gulf. Each of these establishments consisted of a church, a fort, garrisoned by a few soldiers, and some stores and dwelling-houses, all under the control of the resident Jesuit father. Each of the missions formed the centre of a district containing several villages of converted Indians. None of the Jesuits visited the western coast of the peninsula except on one occasion, in 1716. Great exertions were made by the settlers to acquire HISTORY OF CALIFORNIA. 21 a knowledge of the geography, natural history and }:nguages of the peninsula, and they appears to have been generally successful. The result of their re- searches were published in Madrid, in 1757, and the work was entitled a “ History of California.” They surveyed the whole coast of the Gulf of California, and, in 1709, Father Kuhn, one of the Jesuit fathers, ascertained beyond doubt the connection of the penin- sula with the continent, which had been denied for a century. But all the labors of the Jesuits were brought to an end in 1767. In that year, Charles III. of Spain, issued a decree, banishing members of that order from the Spanish territories; and a strong military force, under command of Don Gasper de Portola, was despatched to California, and soon put an end to the rule of the Jesuits by tearing them from their converts. The Spanish government did not intend to abandon California. The peninsula immediately became a province of Mexico, and was provided witha civil and military government, subordinate to the viceroy of that country. The mission fell under the rule of the Dominicans, and from their mode of treatment, most of the converts soon returned to their former state of barbarism. The Spaniards soon formed establishments on the western side of the peninsula. In the spring of 1769, a number of settlers, with some soldiers and Franciscan friars, marched through the poninsula to- wards San Diego. They reached the bay of San Diego after a toilsome journey, and the settlement on the shore of the bay was begun in the middle of May, 1769. An attempt was made, soon after, to establish a colony at Port Monterey; but the party under Portola that went in search of the place, passed further oe HISTORY OF CALIFORNTA. on to the bay of San Francisco, and could not retrace their steps before the cold weather set in, and they then returned to San Diego. The people left at San Diego had been several times attacked by the natives, and after the return of Portola’s party they almost perished for want of food. But a supply arrived on the very day upon which they had agreed to abandon the place and return to Mexico. Portola again set out for Monterey, and there effected a settlement. Parties of emigrants from Mexico came to the western shore of California during the year 1770, and establish- ments were made on the coast between San Diego and Monterey. The multiplication of their cattle, inde- pendent of the fruits of agricultural labor, before 1775, made the settlers of Upper California able to resist the perils to which their situation exposed them. In order to give efficiency to the operations on the western coast of North America, the Spanish govern- ment selected the port of San Blas, in Mexico, at the entrance of the Gulf of California, for the establish- ment of arsenals, ship-yards and warehouses, and made it the centre of all operations undertaken in that quarter. A marine department was created for the special purpose of advancing the interests of the Spaniards in the settlement of the western shore of California. By the energy displayed in managing this department the Spaniards succeeded in making eight establishments on the Pacific coast between the California peninsula and Cape Mendocino, before 1779. The most southern post was San Diego, and the most northern, San Francisco, on the great bay of the same name. The establishments were almost entirely military and missionary, the object of the Spaniards being solely the occupation of the country, HISTORY OF CALIFORNIA. 23 The inissions were under the control of the Francis- cans, who, unlike the Jesuits, took little care to exert themselves in procuring information concerning the country in which they were established. Various expeditions for exploring the coast of Upper California above Cape Mendocino, were made by the Spaniards. One of these proceeded as far north as the latitude of 41 degrees, and some men were landed on the shores of a small bay, just beyond Cape Men- docino, and gave the harbor the name of Port Trinidad. The small river which flows into the Pacific near the place where they landed was called Pigeon River, from the great number of those birds in the neighborhood of it. The Indians appeared to be a peaceable and industrious race, and conducted themselves towards the Spaniards in the most inoffensive manner. In the same year, 1775, Bodega, a Spanish commander, returning from a voyage extended as far north as the 58th degree of latitude, discovered a small bay which had not previously been described, and he accordingly gave it his own name, which it still retains. This Bay of Bodega is situated a little north of the 38th degree of latitude. Few events worth recording occurred in California, during the whole period of fifty years, from the first establishment of the Spaniards on the western coast till the termination of the Mexican war of independence. An attempt of the Russians to form asettlement on the shores of the Bay of Bodego, in 1815, was met with a remonstrance from the governor of California. The remonstrance of the governor was disregarded, and his commands to quit the place disobeyed. The Rus- sian agent, Kushof, denied the right of the Spaniards to the territory, and the governor being unable to 24 HISTORY OF CALIFORNIA. enfuree his commands, the intruders kept posses sion of the ground until 1840, when they left of their own accord. CHAPTER IV. FROM THE REVOLUTION TILL THE WAR BETWEEN THE UNITED STATES AND MEXICO. BrroreE the commencement of the struggle for inde- pendence in Mexico, the missions in California were, to some extent, fostered by the Spanish government, and supplies were sent to them regularly. But when the war began, the remittances were reduced, and the establishments soon began to decay. After the over- throw of the Spanish rule, in 1822, the territory of California was divided into two portions. The penin- aula was then called Lower California, and the whole of the continental territory called Upper California. When the Mexicans adopted a constitution, in 1824, each of these territories became entitled to send one representative to the National Congress. At the same time, the adult Indians who could be considered civilized, were declared citizens of the republic, and had lands given tothem. This, of course, freed them from submission to the missionaries, who, thus deprived of their authority, either returned to Spain or Mexico, or took refuge in other lands. The Indians being free from restraint, soon sank to a low depth of bar- barism and vice. Immediately after the overthrow of the Spanish HISTORY OF CALIFORNIA. 25 authorities, the ports of California began to be the resort of foreigners, principally whalers and traders from the United States. The trade in which they engaged, that of exchanging manufactured goods for the provisions, hide and tallow furnished by tho natives, was at first irregular, but as it increased, it became more systematic, and mercantile houses were established in the principal ports. The Mexican government became dissatisfied with this state of things, and ordered the governor of Upper California to enforce the laws which prohibited foreigners from entering or residing in the territories of Mexico with- out a special permission from the authorities. Accord- ingly, in 1828, a number of American citizens were seized at San Diego, and kept in confinement until 1830. In that year, an insurrection broke out, headed by General Solis, and the captured Americans were of some assistance in suppressing it, and, in con- sideration of their services, they were permitted to leave the territory. The Mexican government strove to prevent the evils expected to flow from the presence of numbers of foreigners in California, by establishing colonies of their own citizens in the territory. A number of persons were sent out from Mexico, to settle on the lands of the missions, but they never reached their destination. The administration which originated the scheme was overthrown, and the new authoritics ordered the settlers to be driven back to Mexico. In 1836, the federal system was abolished by the Mexi- ean government, and a new constitution adopted, which destroyed all state mghts, and established a central power. This was strenuously resisted in Cali- fornia. a people ruse, and drove the Mexican ; 26 HISTORY OF CALIFORNIA. officers from the country, declaring that they would remain independent until the federal constitution was restored. The general government issued strong pro- clamations against the Californians, and sent an expe- dition to re-establish its authority. But General Urrea, by whom the expedition was commanded, declared in favor of the federalists, and the inhabitants governed themselves until July, 1837, when they swore allegiance to the new constitution. Things went on quietly in California until 1842. In that year, Commodore Jones, while cruising in the Pacific, received information which led him to belicve that Mexico had declared war against the United tates. He determined to strike a blow at the sup- posed enemy, and, accordingly, he appeared hefore Monterey, on the 19th of October, 1842, with the frigate United States and the sloop-of-war Cyane. Hie demanded the surrender of all the castles, posta, and military places, on penalty, if refused, of the visi- tation of the horrors of war. The people were asto- nished. A council decided that no defence could be made, and every thing was surrendered at once to the unexpected Americans. The flag of the United States was hoisted, and the commodore issued a proclamation to the Californians, inviting them to submit to the government of the United States, which would pro- tect them in the exercise of their rights. The procla- mation was scarcely issued, before the commodore became aware of the peaceable relations existing letween the United States and Mexico, and he aceord- incly restored the possession of Monterey to the authorities, and retired with his forces to his ships, just twenty-four hours after the surrender. This affair irritated ‘he mhubitants considerably, and, no HISTORY OF CALIFORNIA. 27 doubt, tended to incrcase the ill-feeling before exist- ing between Mexico and the people of the United States. CHAPTER V. FROM THE COMMENCEMENT OF THE WAR TILL ITS CL 30k. War was declared by Mexico against the United States, in May, 1846. The same month, orders were transmitted to Commodore Sloat, commanding the Pacific squadron, instructing him to protect the interests of the citizens of the United States near his station, and to employ his forces to the best advantage in operations directed against the Mexican territory on the Pacific. The fleet under Commodore Sloat was the largest the Americans ever sent to that quar- ter, and the men were anxious to commence active operations. Soon after receiving his first orders, the commodore was again instructed to take and keep possession of Upper California; or, at least, of the principal ports. On the 8th of June, Commodore Sloat left Mazat- lan, in the flag-ship Savannah, and on the 2d of July, reached Monterey, in Upper California. There he found the Cyane and Levant, and learned that the Portsmouth was at San Francisco, as previously arranged. On the morning of the Tth, Captain Mer- vine was sent to demand the surrender of Monterey. The Mexican commandant replied that he was nct authorized to surrender the place, but referred Com- 28 HISTORY OF CALIFORNIA. modore Sloat to the commanding-general of Califor nia. A force of two hundred and fifty marines and sea men was immediately landed, under Captain Mer ‘ine, and they marched to the custom-house. There they hoisted the American flag amid cheers and a salute of twenty-one guns. The proclamation of Commodore Sloat was then read and posted about the town. After taking possession of Monterey, Commodor s Sloat despatched a courier to the commanding-gener +l of California, summoning him to surrender every thiag under his control in the country, and assuring him of protection if he should comply. The gencral refused, and said he would defend the country as long as he could reckon on a single person to join his cause. A summons to surrender was also sent to the governor of Santa Barbara, but no answer was returned. Orders were despatched to Commander Montgomery, in the Portsmouth, at San Francisco, directing him to take possession of the Bay of San Francisco, and hoist the flag of the United States at Yerba Buena. On the 9th of July, the day after the receipt of his orders, Montgomery landed at Yerba Buena with seventy scamen and marines, and hoisted the American flag in the public square, amid the cheers of the people. A proclamation was then posted to the flag staff, and Montgomery addressed the people. The greater part of the seamen and marincs then returned to the ship, leaving Licutenant H. B. Watson with a small guard, formally installed as military occupant of the post. Thirty-two of the male residents of Yerba Buena were enrolled as a volunteer corps, choosing their own officers. Licutenant Missroon was despatched with a small party of these volunteers toe reconncitre the Presidio and fort. Ie returned the HISTORY OF CALIFORNIA. 29 same day, and reported that the Presidio had becn abandoned, and that the fort, seven miles from the town, was dilapidated and mounted only a few old pieces of cannon. The flag of the United States had been displayed from its ramparts. On the 11th, Montgomery informed Commodore Sloat that the flag of the United States was then flying at Yerba Buena, Sutter's Fort, on the Sacramento, Bodega, on the coast, and Sonoma. The inhabitants of these places appeared to be satisfied with the protection afforded them by the Americans. On the 18th of July, Commodore Sloat sent a flag to the foreigners of the pueblo of San Jose, about seventy miles from Monterey, in the interior, and appointed a justice of the peace in place of the alcaldes. On the 15th, Commodore Stockton arrived at Mon- tercy, in the frigate Congress; and Commodore Sloat being in bad health, the command devolved upon Stockton, and Sloat returned home. The operations of Commodore Stockton, from the 23d of July to the 28th of August, 1846, have been rapidly sketched by himself in his despatches to the secretary of the navy. From these we condense a short account. On the 23d of July, the commodore organized the “ California Battalion of Mounted Riflemen.” Captain Fremont was appointed major, and Lieutenant Gil- lespie captain of the battalion. The next day, they were embarked on board the sloop-of-war Cyane, Commander Dupont, and sailed from Monterey for San Diego, in order to land south of the Mexican force, consisting of 500 men, under Gencral Castro, well fortified at a place three miles from the city. A few days afterwards, Commodore Stockton sailed in the Congress for San Pedro, thirty miles from Monte- 30 HISTORY OF CALLFORNIA. rey, and having landed, marched for the Mexican camp. When he arrived within twelve miles of the Mexicans, they fed in small parties, in different direc- tions. Most of the principal officers were afterwards taken, but the mounted riflemen not getting up in time, most of the men escaped. On the 13th of August, Commodore Stockton being joined by eighty riflemen, under Major Fremont, entered the capital of California, Cuidad de los Angeles, or the “City of the Angels.’ Thus, in less than a month after Stockton’s assuming command, the American flag was flying from every commanding position in California, conquered by three hundred and sixty men, mostly sailors. The form of government established in California, after the conquest, was as follows: The executive power was vested in a governor, holding office for four years unless sooner removed by the President of the United States. The governor was to reside in the territory, be commander-in-chief of the army thereof, perform all the duties of a supcrintendent of Indian affairs, have a pardoning and reprieving power, com- mission all persons appointed to office under the laws of said territory, and approve all laws passed by the legislature before they took effect. There was the office of the Secretary of the Territory established, whose principal duty was to preserve all the laws and proceedings of the legislative council, and all the acts and proceedings of the governor. The legislative power was vested in the governor and a council of seven persons, who were to be appointed by the governor at first, and hold their office for two years; afterwards they were to be elected by the people. All the laws of Mexico, and the municipal officers existing in the HISTORY OF CALIFORNIA. i 81 territory before the conquest, were continucd until aitcred by the governor and council. On the 15th of August, 1846, Commodore Stockton adopted a tariff of duties cn all goods imported from foreign parts, of fifteen per cent. ad valorem, and a tonnage duty of fifty cents per ton on all foreign ves- sels. On the 15th of September, when the elections were held, Walter Colton, the chaplain of the frigate Congress, was elected Alcalde of Monterey. In the mean time, a newspaper called the “ Californian,” had been established by Messrs. Colton and Semple. This was the first newspaper issued in California. Early in September, Commodore Stockton withdrew his forees from Los Angeles, and proceeded with his squadron to San Francisco. Scarcely had he arrived when he received intelligence that all the country below Monterey was in arms and the Mexican flag again hoisted. The Californians invested the “ City of the Angels,” on the 23d of September. That place was guarded by thirty riflemen under Captain Gillespie, and the Californians investing it numbered 800. Finding himself overpowered, Captain Gillespie capitulated on the 30th, and thence retired with all the forcigaers aboard of a sloop-of-war, and sailed for Monterey. Licutcnant Talbot, who commanded only nine men at Santa Barbara, refused to surrender, and marched out with his men, arms in hand. The frigate Savannah was sent to relieve Los Angeles, but she did not arrive till after the above events had oceurred.. Her crew, numbering 820 men, landed at San Pedro and marched to meet the Californians. About half way between San Pedro and Los Angeles, about fifteen miles from their ship, the sailors found the enemy drawn up on a plain. aie Coliosuans were 3 & 82, ; HISTORY OF CALIFORNIA. mounted on fine horses, and with artillery, had every advautage. The sailors were forced to retreat with a loss of five killed and six wounded. Commodore Stockton came down in the Congress to San Pedro, and then marched for the “ City of the Angels,” the men dragging six of the ship’s guns. At the Rancho Sepulvida, a large force of the Californians was posted. Commodore Stockton sent one hundred mon forward to receive the fire of the enemy and then fall back upon the main body without returning it. The main body was formed in a triangle, with the guns hid by the men. By the retreat of the advance party, the enemy were decoyed close to the main force, when the wings were extended and a deadly fire opened upon the astonished Californians. More than a hun- dred were killed, the same number wounded, and their whole force routed. About a hundred prisoners were taken, many of whom were at the time on parole and had signed an obligation not to take up arms during the war. Commodore Stockton soon mounted his men and prepared for operations on shore. Skirmishes followed, and were continually occurring until January, 1847, when a decisive action occurred. General Kearny had arrived in California, after a long and painful march overland, and his co-operation was of great service to Stockton. The Americans left San Diego on the 29th of December, to march to Los Angeles. The Californians determined to meet them on ther route, and decide the fate of the country in a general battle. The American force amounted to six hundred men, and was composed of detachments from the ships Congress, Savannah, Portsmouth and Cyane, aided by General Kearny, with sixty men on foot, from the HISTORY OF CALIFORNIA. 53 first regiment of United States dragoons, and Captain Gillespie with sixty mounted rifemen. ‘The troops marched one hundred and ten miles in ten days, and, on the Sth of January, they found the Californians in a strong position on the high bank of the San Gabriel river, with six hundred mounted men and four picces of artillery, prepared to dispute the passage of the river. The Americans waded through the water, dragging their guns with them, exposed to a galling fire from the enemy, without returning a shot. When they reached the opposite shore, the Californians charged upon them, but were driven back. They then charged up the bank and succceded in driving the Californians from their post. Stockton, with his force, continued his march, and the next day, in cross- ing the plains of Mesa, the enemy made another attempt to save their capital. They were concealed with their artillery in a ravine, until the Americans came within gun-shot, when they opened a brisk fire upon their right flank, and at the same time charged both their front and rear. But the guns of the Cali- fornians were soon silenced, and the charge repelled. The Californians then fled, and the next morning the Americans entered Los Angeles without opposition. The loss of the Americans in killed and wounded did not exceed twenty, while that of their opponents reached between seventy and eighty. These two battles decided the contest in California. General Flores, governor and commandant-general of the Californians, as he styled himself, immediately after the Americans entered Los Angeles, made his escape and his troops dispersed. The territory be- came again tranquil, and the civil government was soon in operation again in the places where it had 34 HISTORY OF CALIFORNIA. been interrupted by the revolt. Commodore Stockton and General Kearny having a misunderstanding about their respective powers, Colonel Fremont exercised the duties of governor and commander-in- chief of California, declining to obey the orders of General Kearny. The account of the adventures and skirmishes with which the small force of United States troops under General Kearny met, while on their march to San Diego, in Upper California, is one of the most in- teresting to which the contest gave birth. The party, which consisted of one hundred men when it started from Santa Fé, reached Warner’s rancho, the fron- ticr settlement in California, on the Sonoma route, on the 2d of December, 1846. They continued their march, and on the 5th were met by a small party of volunteers, under Captain Gillespic, sent out by Com- modore Stockton to meet them, and inform them of the revolt of the Californians. The party encamped for the night at Stokes’s rancho, about forty miles from San Diego. Information was received that an armed party of Californians was at San Pas- qual, three leagues from Stokes’s rancho. A party of dragoons was sent out to reconnoitre, and they re- turned by two o'clock on the morning of the 6th. Their information determined General Kearny to attack the Californians before daylight, and arrange- ments were accordingly made. Captain Johnson was , given the command of an advance party of twelve dragoons, mounted upon the best horses in possession of the party. Then followed fifty dragoons, under Captain Muvore, mounted mostly on the tired mules they had ridden from Santa Fé—a distance of 1050 miles. Next came about twenty volunteers, under HISTORY OF CALIFORNIA. 85 Captain Gibson. Then followed two mountain howit- zers, with dragoons to manage them, under charge of Lieutenant Davidson. The remainder of the dragoons and volunteers were placed under command of Major Swords, with orders to follow on the trail with the baggage. As the day of December 6th dawned, the enemy at San Pasqual were seen to be already in the saddle, and Captain Joknson, with his advance guard, made a furious charge upon them; he being supported by the dragoons, the Californians at length gave way. They had kept up a continual fire from the first appearance of the dragoons, and had done considerable execution. Captain Johnson was shot dead in his first charge. The enemy were pursued by Captain Moore and his dragoons, and they retreated about half a mile, when seeing an interval between the small advance party of Captain Moore and the main force coming to his support, they rallied their whole force, and charged with their lances. For five minutes they held the ground, doing considerable execution, until the arrival cf the rest of the American party, when they broke ena fled. The troops of Kearny lost two captains, a lieutenant, two sergeants, two corporals, and twelve privates. Among the wounded were General Kearny, Lieutenant Warner, Captains Gillespie and Gibson, one sergeant, one bugleman, and nine privates. The Californians carried off all their wounded and dead except six. On the 7th the march was resumed, and, near San Bernardo, Kearny’s advance encountered and defeated a small party of the Californians who had taken post ona hill. At San Bernardo, the troops remained till the morning of the 11th, when they were joined by a 36 TIISTORY OF CALIFORNiA. party of sailors and marines, under Licutenant Gray. They then procceded upon their march, and on the 12th, arrived at San Diego; haying thus completed a march of eleven hundred miles through an enemy's country, with but one hundred men. The force of General Kearny having joined that of Commodore Stockton, the expedition against Los Angeles, of which we have given an account in this chapter, was successfully consummated, and tranquillity restored in California. General Kearny and Commodore Stock- ton returned to the United States in January, 1847, leaving Colonel Fremont to exercise the office, of governor and military commandant of California. No further events of an importance worth recording occur- red till the treaty of peace between the United States and Mexico. CHAPTER VI. DISCOVERY OF THE GOLD PLACERS. By the treaty concluded between the United States and Mexico, in 1847, the territory of Upper Califor- nia became the property of the United States. Little thought the Mexican government of the value of the land they were ceding, further than its commercial importance ; and, doubtless, little thought the buyers of the territory, that its soil was pregnant with a wealth untold, and that its rivers flowed over golden beds. This territory, now belonging to the American HISTORY OF CALIFORNIA. a7 Union, embraces an area of 448,961 square miles. It extends along the Pacific coast, from about the thirty- tecond parallel of north latitude, a distance of near tcven hundred miles, to the forty-second parallel, the southern boundary of Oregon. On the cast, it is bounded by New Mexico. During the long period which transpired between its discovery and its cession to the United States, this vast tract of country was frequently visited by men of science, from all parts of the world. Repeated examinations were made by learned and enterprising officers and civilians; but none of them discovered the important fact, that the mountain torrents of the Sierra Nevada were con- stantly pourmg down their golden sands into the valleys of the Sacramento and San Joaquin. The glittering particles twinkled beneath their feet, in the ravines which they explored, or glistened in the water- courses which they forded, yet they passed them by unheeded. Not a legend or tradition was heard among the white settlers, or tho aborigines, that attracted their curiosity. A nation’s ransom lay within their grasp, but, strange to say, it escaped their notice—it flashed and sparkled all in vain.* The Russian American Company had a large establishment at Ross and Bodega, ninety miles north of San Francisco, founded in the year 1812; and factories were also established in the territory by the Hudson Bay Company. Their agents and employes ransacked the whole country west of the Sierra Nevada, or Snowy Mountain, in search of game. In 1838, Captain Sutter, formerly an officer in the Swiss * A gold placera was discovered some years ago, near the mission of San Fernando, but it was very little worked, on account of the want of water. 38 HISTORY oF CALIFORNIA. Guards of Charles X., King of France, emigrated from the state of Missouri to Upper California, and obtained from the Mexican government a conditional grant of thirty leagues square of land, bounded on the west by the Sacramento river. Having purchased the stock, arms, and ammunition of the Mussian establishment, he erected a dwelling and fortification on the left bank of the Sacramento, about fifty miles from its mouth, and near what was termed, in allusion to the new settlers, the American Fork. This formed the nucleus of a thriving settlement, to which Captain Sutter gave the name of New Helvetia. It is situated at the head of navigation for vessels on the Sacra- mento, in latitude 38° 33’ 45’ north, and longitude 121° 20’ 05” west. During a residence of ten ycars in the immediate vicinity of the recently discovered placéras, or gold regions, Captain Sutter was neither the wiser nor the richer for the brilliant treasures that lay scattered around him.* In the year 1841, careful examinations of the Bay of San Francisco, and of the Sacramento River and its tributaries, were made by Licutenant Wilkes, the commander of the Exploring Expedition; and a party under Lieutenant Emmons, of the navy, proceeded up the valley of the Willamette, crossed the intervening highlands, and descended the Sacramento. In 1843-4, similar examinations were made by Captain, after- wards Lieutenant-Colonel Fremont, of the Topogra- phical Engineers, and in 1846, by Major Emory, of the same corps. None of these officers made any discoveries of mincrals, although they were led to conjecture, as private individuals who had visited the *Farnham’s Adventures in California.—Wilkes’s Narrative of tng Exploring Expedilion.—Fremont’e Narrative. HISTORY OF CALIFORNIA. 29 country had done, from its volcanic formation and peculiar geological features, that they might be found to exist in considerable quantities.* As is often the case, chance at length accomplished what science had failed to do. In the winter of 1847-8, a Mr. Marshall commenced the construction of a saw-mill for Captain Sutter, on the north branch of the American Fork, aud about fifty miles above New Helvetia, in a region abounding with pine timber. The dam and race were completed, but on attempting to put the mill in motion, it was ascertained that the tail-race was too narrow to permit the water to escape with perfect freedom. A strong current was then passed in, to wash it wider and deeper, by which a large bed of mud and gravel was thrown up at the foot of the race. Some days after this occurrence, Mr. Marshall observed a number of brilliant particles on this deposit of mud, which attracted his attention. On examining them, he became satisfied that they were gold, and communicated the fact to Captain Sutter. It was agreed between them, that the cir- cumstance should not be made public for the present ; but, like the secret of Midas, it could not be concealed. The Mormon emigrants, of whom Mr. Marshall was one, were soon made acquainted with the discovery, and in a few weeks all California was agitated with the starling information. * Sce Farnham’s Adventures. Wilkes’s and Fremont’s Narratives, and Emory’s Report.—In 1846, Eugenio Macnamara, a Catholic priest and Missionary, obtained a grant of a large tract of land between the San Joaquin and the Sierra Nevada, the Cosumnes and the Tulares in the vicinity of San Gabriel, from Pio Pico, governor of the Califor- nias, for the purpose of establishing upon it a large colony of Irish Catholics; but the grant was not ratified by the Central Government, and the project was not carried into effect. There is no evidence that Futher Macnamara was aware of the existence of gold in the valley of the San Joaquin 40 TISFORY OF CALIFORNIA. 3usin2ss of exery kind was neglected, and the ripened grain was Icft in the fields unharvested. Nearly the whole population of Upper California be- came infectea with the mania, and flocked to the wines. Whalers-and merchant vesscls entcring the ports were abandoned by their crews, and the Ameri- can soldiers and sailors deserted in scores. Upon the disbandment of Colonel Stevenson’s regiment, most of the men made their way to the mineral regions. Within three months after the discovery, it was com- puted that there were near four thousand persons, including Indians, who were mostly employed by the whites, engaged in washing for gold. Various modes were adopted to separate the metal from the sand and gravel—some making use of tin pans, others of close- woven Indian baskets, and others still, of a rude machine called the cradle, six or eight feet long, and mounted on rockers, with a coarse grate, or sieve, at one end, but open at the other. The washings were mainly confined to the low wet grounds, and the mar- gins of the streams—the earth being rarely disturbed more than eighteen inches below the surface. The value of the gold dust obtained by each man, per day, is said to have ranged from ten to fifty dollars, and sometimes even to have far exceeded that. The natu- ral consequence of this state of things was, that the price of labor, and, indeed, of every thing, rose imme- diately from ten to twenty fold.* As may readily be conjectured, every stream and ravine in the valley of the Sacramento was soon ex- plored. Gold was found on every one of its tributa- * Official Despatch of Colonel Mason, Commander of the ith M.li- tary Department, August 17, 1848.—Letters of Thomas C. Larkin, U. 8. Consul at Monterey, to the Secretary of State, June 1, and June 2%, 1843, HISTORY OF CALIFORNIA. 41 ries; but the richest earth was discovered near the Rio de los Plumas, or Feather River,* and its branches, the Yuba and Bear rivers, and on Weber’s creek, a tributary of the American Fork. Explorations were also made in the valley of the San Joaquin, which resulted in the discovery of gold on the Cosumnés and other streams, and in the ravines of the Coast Range, west of the valley, as far down as Ciudad de los Angeles. In addition to the gold mines, other important dis- coveries were made in Upper California. A rich vein of quicksilver was opened at New Almaden, near Santa Clara, which, with imperfect machinery,—the heat by which the metal is made to exude from the rock being applied by a very rude process,—yiclded over thirty per cent. This mine—one of the principal advan- tages to be derived from which will be, that the work- ing of the silver mines scattered through the territory must now become protitable—is superior to those of Almaden, in Old Spain, and second only to those of Idria, near Trieste, the richest in the world. Lead mines were likewise discovered in the neigh-. borhood of Sonoma, and vast beds of iron ore near the American Fork, yielding from eighty-five to ninety per cent. Copper, platina, tin, sulphur, zine, and cobalt, were discovered every where; coal was found to exist in large quantities in the Cascade range of Orcgon, of which the Sierra Nevada is a continuation ; and in the vicinity of all this mineral wealth, there * Feather River is the first considerable branch of the Sacramento below the Prairie Buttes. It has a course of about forty miles, and ‘emptics into the main river about fifteen miles above New Hel-etia. Though the Sacramento is navigable tor vessels only to that place, boats can pass up one hundred miles further. 42 HISTORY OF CALIFORNIA. arc immense quarries of marble and granite. fer building purposes. Colonel Mason had succeeded Colonel Fremont ia the post of governor of California and military com- mandant. A regiment of New York troops, under the command of Colonel Stevenson, had been ordered to California, before the conclusion of the treaty of peace, and formed the principal part of the military force in the territory. “ Colonel Mason expressed the opinion, in his official despatch, that “there is more gold in the country drained by the Sacramento and San Joaquin rivers, than will pay the cost of the [late] war with Mexico a hundred times over.” Should this even prove to be an exaggeration, there can be little reason to doubt, when we take into consideration all the mineral re- sources of the country, that the territory of California is by far the richest acquisition made by this govern- ment since its organization. The appearance of the mines, at the period of Governor Mason’s visit, three months after the dis- covery, he thus graphically describes : “At the urgent solicitation of many gentlemen, I delayed there [at Sutter’s Fort] to participate in the first public celebration of our national anniversary at that fort, but on the 5th resumed the journey, and procecded twenty-five miles up the American Fork to a point on it now known as the Lower Mines, or Mor- mon Diggins. The hill-sides were thickly strewn with canvas tents and bush arbors; a store was erected, and several boarding shanties in operation. The day was intensely hot, yet about two hundred men were at work in the full glare of the sun, washing for gold —some with tin pans, some with close-woven Indian HISTORY OF CALIFORNIA. 43 baskets, but the greater part had a rude machine, known as the cradle. This is on rockers, six or eight feet long, open at the foot, and at its head has a coarse grate, or sieve; the bottom is rounded, with small cleats nailed across. Four men are required to work this machine; one digs the ground in the bank close by the stream; another carries it to the cradle and empties it on the grate; a third gives a violent rock- ing motion to the machine; while a fourth dashes on water from the stream itself. ‘“‘The sieve keeps the coarse stones from entcring the cradle, the current of water washes off the earthy matter, and the gravel is gradually carried out at the foot of the machine, leaving the gold mixed with a heavy, fine biack sand above the first cleats. The sand and gold, mixed together, are then drawn off through auger holes into a pan below, are dried in the sun, and afterward separated by blowing off the sand. A party of four men thus employed at the lower mines, averaged $100 aday. The Indians, and those who have nothing but pans or willow baskets, gradu- ally wash out the earth and separate the gravel by hand, leaving nothing but the gold mixed with sand, which is separated in the manner before described. The gold in the lower mines is in fine bright scales, of which I send several specimens. “From the mill [where the gold was first discovered], Mr. Marshall guided me up the mountain on the opposite or north bank of the south fork, where, in the bed of small streams or ravines, now dry, a great deal of coarse gold has been found. I there saw several parties at work, all of whom were doing very well; a great many specimens were shown me, some as heavy as four or five ounces in weight, and I’send 44 HISTORY OF CALIFORNIA. three picces, labeled No. 5, presented by a Mr. Spence. You will perceive that some of the specimens accom- panying this, hold mechanically pieces of quartz; that the surface is rough, and evidently moulded in the crevice of arock. This gold cannot have been car- ried far by water, but must have remained near where it was first deposited from the rock that once bound it. I inquired of many people if they had encountered the metal in its matrix, but in every instance they said they had not; but that the gold was invariably mixed with washed gravel, or lodged in the crevices of other rocks. All bore testimony that they had found gold in greater or less quantities in the numer- ous small gullies or ravines that occur in that moun- tainous region. “On the 7th of July I left the mill, and crossed to a stream emptying into the American Fork, three or four miles below the saw-mill. I struck this stream (now known as Weber’s creck) at the washings of Sunol and Co. They had about thirty Indians em- ployed, whom they payed in merchandise. They were getting gold of a character similar to that found in the main fork, and doubtless in sufficient quantitics to gatisfy them. I send you asmall specimen, presented by this company, of their gold. From this point, we proceeded up the stream about eight miles, where we found a great many people and Indians—some engaged in the bed of the stream, and others in the smal! side valleys that put into it. These latter are exceedingly rich, and two ounces were considered an ordinary yield for a day’s work. r, taking care that no bubbles of air are left in, and weigh the quantity of water it contains: afterwards empty the bottle and dry it inside. Next fill the bottle about two-thirds full of the powder to be examined, weigh this and record the weight. Then fill the bottle once more with water, taking care, as before, that all bubbles are expelled and none of the powder washed out. Once more weigh it. We have then to make the following calculation: Weight of powder and water in grains Deduct weight of powder alone I tl Difference (weight of water left in bottle) Weight of bottle full of water in grains Weight of water left in bottle qt Difference (weight of water displaced ) _ by, and equal in bulk to, powder) \ — weight of powder in air +f eo The Sppetes eranty weight of water displaced. It may be useful to know the specific gravity of various erbarantey at all resembling gold in weight or 238 HISTORY OF CALIFORNIA. appearance, and we therefore append the following short table. The specific gravity of water is assumed to be unity :— Osmium. . . . 214 Platinum . . . 194—22 not hammered. Tridium. . . . 1875 Gold. . . . « 153-19} ditto Mereury. . . . 183} Palladium . . . Ilyy Lead. . . . . 11} Rhodium . . . 103 Silver. . . . . 10 Copper . . . . 73-8 Brass ... . 8} Lead ore (galena) 7} Copper pyrites 5 Tron pyrites . . 4 Diamond ie ae SOR Sand . .. . 23—3 By the help of this table the value of auriferous sand may also be in some degree estimated, since, ag will be seen, the specific gravity of most of the sands is under 3, while that of the most impure gold is 12; so that if the specific gravity of the sands them- selves, when experimented on, is much greater than that of ordinary sand, it is likely that the excess will be for the most part gold, in a district otherwise known to be auriferous: the greater the specific gravity, too, the greater probability there is, of this being the cause. It may also be worth while to mention here, that the specific gravity of those pepitas or lumps of gold which present a fine yellow color varies generally from 14,4 to 18,8;; but when much paler they may range as low * A very rough estimate of the value of specimens of native gold may be obtained by multiplying the specific gravity by 4; the result gives the value in shillings nearly. HISTORY OF CALIFORNIA. 239 a3 123, which is that of a mineral called electrum, which will be described presently, and which is a mix- ture of silver and gold. When a piece of gold is broken (which is not done without difficulty—greater in proportion to its purity,) the fractured edges are very uneven and torn, exhibit- ing a peculiar fibrous appearance, known to mineralo- gists as “fine hackly.”’ This fracture indicates that the mineral is tern asunder and not really broken, and is a proof of considerable toughness. The form in which gold is found is various. It is sometimes crystalline, in eight or twelve-sided regular figures, passing into cubes, but the crystals are gene- rally small and rare. In case of such crystals being found, it is well worth knowing that they possess a value as mineral specimens far beyond that of the gold which they contain. More frequently the metal is found in lumps or grains, called by the Spaniards pepitas, varying in size from that of a pin’s head to masses weighing, as has been already mentioned, nearly one hundred pounds troy. The term pepita is only applied to grains of some magnitude, and the most common limits of size are from that of a small pin’s head to that of a nut or gooseberry. When much smaller and still rounded, they are called gold dust, and when flattened, scales or span- gies. In nature, and when seen in veins of quartz, gold often occurs foliated, or in leafy expansions of extreme thinness, or in branchy (dendritic) forms, probably made up of minute crystals. It is in the form of very minute grains that the metal is generally disseminated through rocks and auriferous ores of various metals, and these are reduced according to 240 HISTORY OF CALIFORNIA. circumstances in methods that will be alluded to ma future chapter. In pepitas and small grains it is car- ried down by streams and deposited in their beds, the pepitas being usually most abundant where there is reason to suppose considerable disintegration of the surface, and where the action of denuding causes to a great extent is evident. The coast of Africa and the rivers of Europe are examples of the former case, while the Siberian deposits and those of California would appear to belong to the latter. The following are examples of the constituent parts of various specimens of gold obtained from different gold districts, and will form a useful guide for com- parison. Table showing the Composition of Native Gold.* f Locality. | Gold. | Silver] Copper. | Tron. 0-16 0°35 | 0-05 523 0-39 | 0.04 Auriferous sand of Schabrowski, near ey 98-76 rinenburg, Siberia (Gi. Rose). +++++rsererr ah Boruschka, 1 near Nijny. k, Siberia (Rose)--+| 94-41 Brnzil (Darcet):---- + es eee re cee ee eee eee ees 94-00 Kervsovsk, Siberia (Rose): - e Sand near Mias kK, Siberia (Rose)--- Bogota (Boussings Washings near Miask, Siberia (Rose)- Gold of ‘Senegal (Dar cet) Auriferous sand, Nijny-Tagilsk, Siboris (Rese) - a 85 | 16.15 Trinidad gold, (Bonssingauit) renee tree eeeree ees 2-40 | 17-60 Transylvanian gold (Ditto) settee eeeee +| 6452 | 35-48 Mine of Sinarowski in the Altai (Rose) coD8 38-33 0.33 a oe nn SoH 0-08 "| 9247 7-27 6.06 | 603 | 8697 | 10°55 -| 89°35 | 10°65 The gold from California, according to the assay of Mr. Warwick of New York, yields 89-58 per cent. pure gold, and is therefore, about equal to that ob- tained from the washings of Miask (the richest district in Western Siberia, and that producing the largest pepitas,) and superior, as the assayer remarks, to the gold dust from Senegal. There is a remarkable mixture of native gold with + Abridged from Dufresnoy’s “Mineralogie.” HISTORY OF CALIFORNIA. 241 silver occasionally found in Siberia, and known under the name of electrum. Its color is pale brass-yellow, passing into silver-white. It occurs in small plates and imperfect cubes, and possesses many of the charac- ters of gold, but it consists only of 64 per cent. of that metal, and 36 per ccnt. silver. It is at once known by its low specific gravity, which does not exceed 12. Other mixtures of gold are (1) a rhodium-gold found in Mexico, and containing 34 to 43 per cent. of rhodium, having a specific gravity of 154—16-8, and a clear, dirty yellow color; and (2) a palladium-gold (containing 9.85 per cent. palladium, and 4°17 per cent. silver) found in Brazil and elsewhere in South America, in small crystalline grains of pale yellow color. The auriferous ores of tellurium, including silver, have hitherto only been found in Transylvania. Their color is steel-gray, and they tarnish on exposure- The variety called graphic-gold, or graphic tellurium, consists of about 60 per cent. of tellurium, 30 per cent. gold, and 10 per cent. silver, and is worked chiefly as an ore of gold. Another variety, “yellow gold glance,” yields somewhat less tellurium, gold and silver, and as much as 20 per cent. of lead. Having now explained at some length the more manifest characteristics of gold, namely, its color, hardness, and specific gravity, it is necessary, before explaining the mode of separating it from associated minerals, that we should here give some account of the behavior of this metal under the blowpipe, and when exposed to simple chemical tests. The assay of gold and its accurate analysis, we postpone for the present. The method of blowpipe analysis, although exceed- ingly useful, is not absolutely necessary in the case 242 HISTORY OF CALIFORNIA. of gold, because of the many readier ways of deten mining the metal, but it seems advisable to state the appearances presented. All the varieties are readily fusible into a globule, which when the gold is pure, is unaltered by the continuance of the heat. In this respect it differs entirely from iron and copper pyrites, which, on being exposed to the flame, give off sulphur fumes and undergo considerable change. In the case of gold containing other metals, these, with the ex- ception of silver, may generally be got rid of by con- tinuing the heat in the exterior flame with the addi- tion of a little nitre. Before the oxy-hydrogen blow- pipe, the metal is volatilized in the form of a purple oxide. Gold is not acted on by any of the acids alone. When exposed to the mixture of nitric with hydro- chloric acid (in the proportion of one part nitric to four of hydrochloric) called agua regia, it dissolves without residue, the solution giving a purple precipitate with protochloride of tin, and a brown precipitate with pro- tosulphate of iron. Electrum, the mixture of silver with gold above alluded to, is only partially soluble in aqua regia, giving a residue of chloride of silver. The solution is acted on by protosulphate of iron, as already explained. The following simple mode of detecting attempts at imposition in gold dust is worthy of being recorded in this place. Place a little gold dust in a glass tube or earthen- ware saucer, and pour nitric acid upon it; then hold the glass or saucer over a flame, or upon a few embers, until red flames (nitric vapors) arise; if it be pure gold, the liquid will not become’discolored , kut if pyrites or brass-filings should have been mixed HISTORY OF CALIFORNIA. 243 with it, the acid will become turbid, grecn, and black, discharging bubbles of gas. After the ebullition has ceased, the residue should be washed with water, and acid again poured upon it, when the same effect may be observed, but in a less degree; and if the cxperi- ment be repeated till all effervescence ceases, it will finally leave the gold dust pure. CHAPTER XIV. ADDITIONAL RECENT EVENTS. Tue history of the laws of a State affords the best idea of its social condition—present and prospective; for they are framed from the necessity of circumstances and the demands of the inhabitants. We may, there- fore, see the condition and the progress of the Cali- fornians in their lecislative transactions. The California Legislature adjourned on the 22d April. They have passed a law creating a State assayer, until a mint be established in California. Among the one hundred and forty-three acts and joint resolutions passed, we notice the following: To incorporate the cities of Benecia, San Diego, San Jose, Los Angeles, San Francisco, Sonoma, and Santa Barbara, and a general act for the incorporation of cities; concerning the State revenue, etc, and its man- agement; creating loans temporarily, appropriations, and other fiscal acts; relating to the appointment of pilots, regulating the duties of harbor masters, declar- ing certain rivers, etc, uavigable, creating health 244 HISTORY OF CALIFORNIA. officers for San Francisco, creating a marine hospital, regulating quarantine at San Francisco, providing for the inspection of steamboats; subdividing the State into counties, establishing county seats and providing for the complete organization of all the counties; or- ganizing the supreme court, providing for the early pub- lication of the laws, organizing district courts through- out the State, establishing a municipal court in San Francisco, abolishing all laws in force in the State, ex- cept such as were passed by this Legislature, adopting the common law, regulating the interest of money, public ferries, notaries public, jails and jailers, limited partnerships, roads and highways, public elec- tions, volunteer companies, wills, militia, liens of mechanics and others, descents and distributions, bills of exchange and promissory notes, constables, coro- ners, guardians, fraudulent conveyances and contracts, the rights of husband and wife, incorporation of col- leges, marriages, auctioneers, government and protec- tion of the Indians, settlement of the estates of de- ceased persons, proceedings against debtor by attach- ment; creating the office of State assayer, melter and refiner of gold, to regulate Senatorial and As- sembly districts, prescribing the mode of maintaining and defending possessory actions on lands belonging to the United States; to prevent the importation of convicts ; for the better regulation of the mines and the government of foreign miners, the national Washington monument, pay of chaplain, the Pacific railway, and concerning grants of land by the General Govern- ment to commissioned officers who served in the late war with Mexico. Here we have all the machinery necessary for the full regulation of a large, commercial, agricultural, manu- HISTORY OF CALIFORNIA. 245 facturing, and mining community. The session of the Legislature must have been laborious, indeed; but the members have acquitted themselves of their ar- duous duties rapidly and well. One great measure adspted by the Legislature was the substitution of the common law for the uncertain civil law which existed in California when ceded to the United States. The whole legal administration will now conform to that of most of the other States of the Union. The provisions in the Constitution for the purpose of edu- cation, have been nobly carried out by an act for the incorporation of colleges. Agriculture in California appears to be improving, and as it is getting to be as profitable as any thing else, it is attracting increased attention. Boxes of garden seeds which had cost nine dollars, have been sold for one hundred dollars, and scythes which cost three dollars, sold for forty-five dollars. The seeds which were sent around Cape Horn, were almost use- less, while those which went over the Isthmus, her- meticully sealed, came up first. One man near San Jose, has made fifty thousand dollars by raising pota- toes. What toil in digging and washing gold would be necessary to realize that amount! Among the recent mining incidents, the following is remarkable:—Last winter, three men accidentally struck upon a rich deposit of gold, in a guleh about twelve miles from Knight's Ferry, on the Stanislaus River, and four or five miles back from it. They worked this vein with great success, managing to keep it a secret, until an Indian, wandering through the locality, discovered the secret, and communicated it to his tribe. The next day, several hundred Indians fell to work, with the same success; but as they spent Le 18 246 HISTORY OF CALIFORNIA. their earnings in gambling and drinking at night, they incautiously let out the secret, and it spread among the whites. The latter, without scruple, took possession of the ground, and set the Indians adrifs. An alcalde was elected, the ground staked off, and allotted to the several claimants. This gulch, although rifled of its richest treasures, afforded good digging for a large number of persons, for some weeks, many carrying away, when the water failed, a thousand dollars and upwards, as the result of their labors. The three discoverers of the gulch, took away with them about forty pounds of gold to each man, ali scraped up in the short space of seven wecks. Imitation lumps of gold have been made and brought into circulation in California. The State Assayer states that above forty specimens have been brought to his notice. They are generally in size from four to five ounces to a pound in weight—quartz, and every thing else necessary to make them look right, properly intermixed. It has been definitely settled that gold docs exist in the vicinity of San José. Specimens have been taken to San Francisco. Several artesian wells have been constructed at San Francisco, since the second great fire, and it is thought that others will soon add to the comfort and conve- nience of the people of that city. The want of good water for drinking purposes, has been the most serious objection to San Francisco as a place of residence ; and additional incentive to exertion in the matter is furnished by the constant apprehension of destructive fires.* * The Alta Californian, of the 1st of May, 1850, furnishes us with an interesting account of the origin and meaning of the names of HISTORY OF CALIFORNIA. 247 Coal has been discovered in California, in various places, and is reported to abound in considerable quantities in the neighborhood of San Francisco. Every day developes some new wealth of this land of places in the new State. We have elsewhere alluded to the name California, as being derived from caliente and fornalla, two Spanish words, together signifying hot furnace. Pueblo de los Angeles—City of the Angels. So named from the fer- tility of the soil, the geniality of the climate, &c. San Diego, Santa Barbara, San Luis Obispo, Santa Clara, Santa Cruz, San Francisco, were all originally Catholic missionary stations and were so named by the priests. Monterey signifies literally king of forests, and was so called in honor of Count Monterey, as well as from the neighboring forest of massive pines and other trees. Contra Costa, the name of a county, signifies opposite coast, from its being opposite San Francisco. Mount Diablo, which is in this county, was named from the following circumstance: In 1806 a military expedition from San Francisco marched against the tribe “ Bolgones,” who were encamped at the foot of the mount 3 the Indians were prepared to receive the expedition, and a hot en- gagement ensued in the large hollow fronting the western side of the mount. As the victory was about to be decidedin favor of the Indians, an unknown personage, decorated with the most extraordinary plu- mage, and making divers movements, suddenly appeared near the combatants. The Indians were victorious, and the incognitio (Puy) departed toward the mount. The defeated soldiers, on ascertaining that the syurit went through the same ceremony daily and at all hours, named the inount “Diablo,” in allusion to its mysterious inhabitant, that continued thus to make his strange appearance, until the tribe was subdued by the troops in command of Licutenant Gabric!l Mo- raga, in asecond campaign of the same year. In the aboriginal tongue “Puy” signifies “ Evil Spirit ;” in Spanish it means Diablo, and Devil in the Anglo-American language. Calaveras signifies skulls, and the creek thus styled was named from the fact of three thousand skulls having been found lying onits banks by its early discoverers. They were the remnants of a great battle be- tween the Indians. Tuolumne, which has been spelt so many different ways in the letters from California, is a corruption of the Indian word “talma- lamme,” a cluster of stone wigwams. Mariposa means butterfly. The river was so named in 1807, by a hunting party of Californians, from the fact of their encampment there having been surrounded by myriads of most gorgcous butterflies, Solano was so named after a celebrated Catholic missionary. Yolo is a corruption of the Indian word “ Yoloy,” and means a place abounding with rushes. 248 HISTORY OF CALIFORNIA. treasure, and we regard the discovery of the abundance of coal as in the highest degree important to the resi- dents of California. Even amid the news of the extraordinary yield of the gold region during the present year, 1850, when a single vessel, in one trip, brings $2,000,000 worth of gold dust to the United States, we can pause to notice the discovery of the more useful substances. The Trinity River and Humboldt Harbor, in the north-western part of California, have lately become a resort for the superfluous population of the Sacramento and San Joaquin regions. The harbor is pronounced a very good one, and the discovery of abundance of gold on the branches of Trinity River, will, doubtless, contribute to the building of a large town upon its shores. In the middle of June, there was much excitement in San Francisco, caused by the reported discovery of a gold lake, among the mountains between the South Fork of Feather River and the Yuba. One man was said to have got $7000 in four days, and a party of ten Kanakas were reported to have got $75,000 in a Marin was so designated after a great Indian chief, who made war so desperately against the Spaniards. Sonoma is an Indian word, signifying valley ofthe moon. The In- dians so named the valley in which the present town of that title is situated. Napa was the name of the Indian tribe who inhabited the valley of the same name. Mendocino was so named after the first Viceroy of Mexico. Yuba, a corruption of “uba,” originally alluded to the immense quantities of vines which shaded the river. Butte is a French word signifying hill, and was given by a party of hunters from the Hudson Bay Cumpany to a range of high hills in the valley of the Sacramento. From thence the county is named Coluse county was so called after an Indian tribe of which it waa the name. Shalta county is so stylea after an Indian tribe also. HISTORY OF CALIFORNIA. 249 week. A vast number of people were by this means attracted to the sources of the Feather and Yuba Rivers, and though they found the lake story a hoax of a vile character, they found tolerably fair diggings, which would consyle them for their disappointment. The following extract from the Placer Times of the 17th of July, 1850, under the head of “ Great Discoveries of Gold—Gold Lake,” will afford the reader a lively conception of the degree of excitement caused in California by every new announcement of a newly discovered locality abounding in gold: “We were inclined to give only an average degree of credit to stories that have reached us during the past few days, of the unprecedented richness which this locality has developed. A few moments passed in Marysville on Saturday, convinced us that there is much more show of reality in this last eureka report, than usually attaches to the like. In a year’s experi- ence of local excitements from the same cause, we have seen none equal to what now prevails in that town. It has visited all the inhabitants indiscrimi- nately, lawyers, doctors and judges, traders, teamsters, mechanics and gamblers. Our readers know we are the last to justify the circulation of unfounded or exaggerated reports, but we deem it right to conceal nothing of what may prove (for aught that we can see to the contrary) one of the most astounding discoveries in the modern history of diggings. The specimens brought into Marysville are of a value from $1600 down. ‘Ten ounces is reported as no unusual yield to a panfull, and the first party of sixty, which started out under the guidance of one who had returned suc- cessful, were assured that they would not get less than $509 each per day. We were told that the previous 250 HISTORY OF CALIFORNIA. morning two hundred had left the town with a full supply of provisions and four hundred mules. Those who could not go were hiring others in their stead. ‘Lhe length of the journey and tho quantity of prov: sions required, there being no stores in the region, rendered an outfit rather expensive. Mules and herses had doubled in value, and $400 were considered no more than enough to furnish a proper start. The distance to Gold Lake was first reported two hundred miles; the best informed, however, say that it is but little more than half of that. It lics at a very considerable elevation among the mountains that divide the waters of the South Fork of Feather from those of the north branch of the Yuba. The direction from Marysville is a little north of east. The story has of course spread ere this far and wide among the miners high up on the Feather and Yuba, and the spot will be as crowded as all other good places are, ere the tardy adventurer from this region could reach it. The region of the Gold Lake wonders is a new one, however, and lies between what are established to be diggings of unsurpassed richness. It is our belief that it is better for one who has got some initia- tion into the gold mysteries, (if there be any,) not to be content in old ‘used up’ localities, but to push along to the great field yet unexplored; and that, though the search be long and laborious, the big Uft is ulti- mately pretty sure for those who are patient and per- severing. The same paper of July 18th, contains additional particulars, having a tendency to add plausibility to the reports. Among other things, aman by the name of McLelland came into Marysville on the 17th, with $7000, the result of four days’ labor at Gold Lake. HISTORY OF CALIFORNIA. 251 Whatever may be the truth of the reports, there is no doubt of one thing—the whole population of Marys- ville and its vicinity have become infected by the news, and are taking up their march thitherwards in crowds. The Transcript speaks rather doubtingly on the subject ; it says—“‘ The reports come as a general thing, through teamsters and other persons whose interest it is to give as favorable accounts as possible. The statements are very conflicting.” To this we may add the statement of a gentleman who reached this city from Marysville, direct, on Tuesday night. The excitement, he says, is great; but no one could give any definite information of the locality or of its productiveness. Yet all seemed to think there was no doubt in the matter, and as many as could get away were starting, or getting ready to push for the new El Dorade. Upon his way down, on board the boat, he conversed with a man who professed to have explored that region lately, although he did not claim to know where Geld Lake was. But between the North Fork of the Yuba and Feather Rivers, at the foot of the great chain of mountains, he reported a series of lakes of various dimensions, and “two thousand people,” prospecting all about. The snow was very decp— six feet’ —and but little gold. The following extract from the Placer Tunes, is the most positive information within our knowledge. On the arrival of the “ Lawrence,” yesterday, from Marysville, we received more news of the Gold Lake excitement, now prevailing in those parts. It pro- mises to spare no one. Many who would not be understood to have yielded to it, seek, under various pretences, to get away—some pleading business in other quarters of the mines; others desiring the recrea+ 252 TVISTURY OF CALIFORNIA. tion of a country jaunt. It is reported that, up to Thursday last, two thousand persons had taken up their journey; that many who were working good claims, and had made considerable progress, were deserting them for the new discovery. Mules and horses were almost impossible to be obtained. A supply from this quarter was expected daily, and most anxiously awaited. Although the truth of the report rest on the authority of but two or three who have returned from Gold Lake, yet but few are found who doubt their marvellous revelations. The first man who came into Marysville took out a party of forty as guide, on condition they paid him one hundred dollars each if his story was verified, and offering his life as a forfeit for any deception. “This party, itis understood, came near losing their way, from the difficulty the guide found in retracing his path, after the snow had melted. Fortunately, however, they encountered another man, who was on his way returning, and he showed the track. The second person has since left with a much larger party, who are to give him two hundred dollars each, and the same forfeit is provided. The spot is described as very difficult of approach, and it is feared that many will lose their way. A party of ten Kanakas are reported to have wintered at Gold Luke, subsist- ing chiefly on the flesh of their animals. They are said to have taken out about $75,000 the first week. The lake is not large, and, after the wet season ceases, has no outlet; at present, however, the water runs over the basin, and finds its way into the North Fork of Feather River. At a lower stage, it admits of easy drainage, and the undertaking is already pro- jected. HISTORY OF CALIFORNIA. 2538 “Of course the most extravagant anticipations are founded on the result of this work, induced by the yield from the borders of the lake which have already been realized. The “ placer” proper is very limited, and little encouragement is given as to the character of the surrounding country; indeed, it is probably entirely unexplored, as the region lies about as far up among the snows as the most adventurous have yet penctrated.” The Yuba River is destined to be thoroughly riflea of its wealth. Three miles above the new town of Lina, a company has turned the river from its course, and made it run through a lateral slough. Prospect- ing of the bed has proved very satisfactory, and the shares in the company’s stock have sold at a high rate. As was apprehended, various difficulties have oc- curred between the owners of land at Sacramento City, and a large number of squatters upon it. The ground was bought and surveyed, and the title to ownership was perfect. But the number of emigrants who arrive at Sacramento at particular seasons forces them to encamp outside of the regularly built town, and when thus encamped, they consider themselves as settlers, and are unwilling to give up possession of the ground. The power of the law has been called into requisition several times to eject these squatters. The emigrants to California by way of the Great Salt Lake route have endured terrible hardships during the present year. The rigors of the scason, and the want of water, have been but secondary matters. The Indians, always unfriendly, have been particularly hostile, and several battles between them and the emi- grants have taken place. In one of the battles, thirty Indians were killed, while the whites had several] 22 254 HIST. RY OF CALIFORNIA. wounded, but none killed. It is supposed that the assailants belonged to the Utahs. The Salt Lake City is the great refuge of the belated emigrants upon that route, and the Mormons are hospitable to all who visit them for shelter, or for mere curiosity. The great body of the emigrants continue to take the old route, which we have elsewhere described, and find that it is the safest and shortest of the land routes. Judging from the statements of the number of emigrants who have passed Fort Laramie this sea- son, we should say, that the route could scarcely be called a wilderness, when it is impossible to travel thirty miles without meeting with parties and familics of whites. Part of this tide of emigration will flow to Oregon, no doubt, on account of the fertile lands to be there obtained ; but the golden land will get the bulk of it. In a recent tour through the rezion bordering on Moqueleme River, in California, a couple of gentle- men from Stockton, discovered a cave or grotto of great extent. They found that it contained large quantities of stalactite, and saw evidences of gold. The Indians who accompanied the gentlemen were horror stricken at their audacity, when they entered a cave which tradition said no man returned from alive. The skeleton of a human being was found at some distance from the opening. An event has occurred which will no doubt exercise a great influence on California affairs. This is the discovery of the existence of abundance of gold in Oregon territory. The discovery created great ex- citement through the various citics and towns of Oregon, and the northern towns of California. That wicb is exhibited, shows an eutircly different charac- OOSTONY ONVYuUA xyes t sgsnnan HSINVas di as O ORL ~L JO FNO —————SSS ——= S NARS = = = = ~s = SSS ee ai i = SSSSSSS==_] HISTORY OF CALIFORNIA. 255 ter to any of that dug in the mines of California. It contains large quantities of platina, and is said to be of a richer character. The mines just discovered are situated about two hundred miles from Oregon City. ‘The consequences of this discovery may be easily ap- prehended. Oregon will secure a larger share of the emigration from the Atlantic States than she had before, aud her progress will be rapid, for her soil and climate render the country an attractive place of re- sidence. But will the progress of California be less rapid in consequence of this? We think not. The united attractions of the two terr‘tories will ope:‘ate for the benefit of both, and only tend to increase the quantity of emigration. CHAPTER XV. A GENERAL VIEW OF CALIFGRNIA AT THE PRESENT TIME. Wu have followed the narrative of the events in the history of California up to the present time. We have traced her progress from her first settlement up to the time when she appears as a sovereign republican State; and we have seen the effects of her vast metallic wealth working wonders in a short space of time. We have seen her towns before and after the gold discovery, and marked the contrast; and we have seen her territory become thickly peopled, and her resources developed in a space of time which other territories less favored, would require for an infancy. We have also considered her soil, climate, productions, and population, and exhibited cach subject as fully as 256 HISTORY OF CALIFORNIA. our information warranted. But in order to give 4 clear conception of the general character of Califor. nia and her resources and capabilitics, and to enable the reader to obtain an idea of the bright future to which she is destined, we have concluded to adi another chapter upon the general state of things there at the present time. California is now a State—in organization at least, if not in being a member of the Union. The countr7 has become thoroughly American in its governmen’ and laws. A Constitution is adopted as a State organi- zation, which bears the impress of enlightened senti- ment and just principles. The most liberal provisions have been made in that instrument for the grand end of publie education. The power and capability of the people to rule themselves has been recognized in the matter of eleeting nearly all the officers of the govern- ment—ineluding the judges of the various courts over which the State has control. The Legislature, in the course of a laborious session, has abolished the old civil law which ruled the country under the Mexican govern- ment, and continued after the acquisition of the terri- tory by the United States, and have substituted the com- mon law of England and many of the States in the Union. In taking this step, they were actuated by sound pelicy. Few of those who were subjected to be tried, or to have their suits decided by the rules of this civil code were aware of the nature of these rules; and from their crude and unintelligible charac- ter, it would have been a long time before they could have been fully or certainly informed. The old com- mon law is that to whose rules they have conformed in the older States, and which is better suited to their habits and principles of action. HISTORY OF CALIFORNIaz. Zot But with her complete State organization, California has applied for admission into the Union, and from various causes, without reason, as we conceive, has not yet been admitted to her claim. This delay, continued through a long session of Congress, has somewhat irritated the Californians, who are anxiously watching the doings of Congress. The state of feeling on the subject is clearly stated in one of the California papers ; and it is worthy of attention. We extract it. “SHALL CALIFORNIA BE ADMITTED ?—We desire once more to state calmly and firmly the grievances under which the State of California labors, in order that Congress, in her hesitation, which may terminate in an open refusal to admit us as equal sharers in the benefits, as we are of the burdens of the general government, may not act in ignorance of the true state of feeling existing here upon a point so vital to our future. “ California feels that she has been made the sport of gambling politicians long enough. This is the uni- versal sentiment of one hundred thousand citizens of tlris State, expecting daily reinforcements which will swell the number to an aggregate of two hundred and fifty thousand before the second session of the present Congress.. She feels that such a mass of men, born under the flag of the Union, have a right to some of the privileges which they were taught to suppose it typified. She feels that she has no right to be taxed and not protected—to be taxed, and not represented, to be taxed, and nothing but taxed. Nothing else has been done for her. We hear of no Indian agent in the country. American citizens are slaughtered weekly if not daily by savages on our border. An agent of the Postoffice Depart- ment has becn sent here, but his power to put into 258 HISTORY OF CALIFORNIA. successful operation a thorough mail system, com- mensurate with the wants of the people, has been effectually crippled from the want of an appropriation to meet the necessary expenses. We are without admiralty courts; yet the interests of the commerce of the Pacific are centring in the Bay of San Fran- cisco. We are paying millions into the treasury of the United States yearly. Our custom-house is thronged daily with captains and consignees of vessels, paying government dues, which eventually come from the pockets of the citizens of the whole State; yet there is hardly a possibility that one dollar in a thousand will ever be expended for our benefit. “This state of things is unnatural—too much so for a quiet endurance, unless stern necessity is at the bottom. Were there any reason why we should be treated thus, we could patiently suffer on. But there isnone. And now asentiment is fast gaining ground here, that it is the intention of Congress—or a portion of Congress, to throw us back upon a territorial organi- zation. It may not be amiss to state that California, under no circumstances, will give up her State organi- zation. She has just escaped from the crudities and unintelligibilities of the Mexican code. Under it, she would still be laboring, had the action of Congress been awaited. Neither to this state of vassalage to institu- tions foreign to the habits and education of her citizens, nor toasecond vassalage of territorial government under Congress, will she submit now. She knows her interests too well for this. If we are driven to take matters into our own keeping, the responsibility rests not upon us, neither should the odium, if any attaches. Should Congress ever come to its senses, and do what naked justice demanded months ago, California will ever be HISTORY OF CALIFORNIA 259 ready and proud to form one of the States of the Union ; but it is asking too much that she should oirer herself a willing sacrifice on the altar of demagogues.”’ This is strongly and firmly said; and we hope that it will exercise some influence on those to whose atten- tion it is directed. Nothing can be more unjust in politics than taxation without a due compensation of protection and of law. There is scarcely any pres- pect, however, that California will be required to go back to a territorial organization. Such a request would be absurd in the highest degree, and none but ultras recommend it. Whether California be admitted into the Union at the present session of Congress, or not, we may con- sider her Constitution and many of her laws necessary for carrying out the provisions of the Constitution, as fixed and operative. We have then, in a knowledge of thcir laws, a view of the character of society in California, in many particulars, but there are others which require further observation. One feature strikes the observer at first glance. It is the variety of nation which marks the population of the principal cities of California. There may be seen the rapid, yet prudent. Yankee, with a sharp eye to the main chance, and a ready comprehension of the consequences of a bargain or a speculation; the cool, slow, and heavy-moving Englishman, wishing to be sure of his game, and, therefore, late in grasping for it; the lively and sociable Frenchman, contrasting appearances and manners with things in Paris; the coarse-looking German, with a lively conception of the wealth of the country, and a deep consideration of the means of grasping a goodly share of it; the half-Spanish native of California, with his love of indolence, and easy of satisfaction ; the 260 HISTORY OF CALIFORNIA Chilian, with the ferocity and the cowardice of tha descendants of the Spaniards, and loving fandangoes and riding horses, as intensely as the Californians; the Chinese, with dirty, but industrious habits, and the native Indians—a mean, degraded specimen of that noble race that once were lords of the American forests. At the present time, it is a matter of doubt, whether the Americans or the forcigners predominate in the population of California. It is certain that the former have things pretty much their own way in the various cities and in the mines. But that may be from a want of unity of action among the foreigners. The habits and modes of life belonging to the Ameri- cans are generally prevalent in the cities; but in the smaller and older towns, the native Californians con- duct every thing in the old Spanish mode. The differ- ence between the society of Los Angeles and Sacra- mento City, is wide, and affords a good contrast be- tween the restless, enterprising, utilitarian spirit of the Americans, and the indolent, pleasure-loving spirit of the Californians. With the Americans, in the cities where they are in the majority, business is the uppermost consideration upon all occasions, and profit and loss, and chances of obtaining a competency, the constant subject of thought. With the Californians, the enjoyment of the present, which alone is theirs, is at all times a matter of prime importance; and gambling, drinking, dancing, guitar-playing, and riding on horseback, are the principal sources of their plea- sures. Which of these modes of passing away life is the most philosophical, we leave to the speculative. But it is apparent in California, that the energy of the American character is exercising a great influence on the descendants of the Spaniards. Their spirit is HISTORY OF CALIFORNIA. 261 infectious. In some of the towns upon the coast, one half of the buildings are occupied by persons who have emigrated from the Eastern States; and the contrast between their log and brick houses, and the adobé houses of the Californians, is singular, and secms as if the old dead looking trunk of the tree had suddenly sent out new branches full of life and freshness. All the vices consequent upon a heterogeneous population, suddenly thrown together and stimulated to an extraordinary degree of activity, have fully ex- hibited themselves in California. Nearly every body in the mining regions carries deadly weapons of some sort, and with the promptings of avarice, and the ex- citement of passion, many shocking, secret murders, and many open, revengeful encounters are continually occurring. ‘The practice of carrying deadly weapons can only be abolished when a stronger feeling of security, induced by a confidence in the protection of the laws, shall take the place of constant dread. The mining population is of as mixed a character as that in the commercial cities; and national jealousies will occur occasionally. The elation consequent upon suc- cessful gold digging and speculating, leads to excess in drinking and gambling, and these lead to frequent quarrels and deadly encounters. The remedy for these things is only to be found in the reaction to which a few years will lead, when the power of the jaw shall be supreme throughout the gold region. The principal thing which has contributed in some degree to influence the prospect and the labors of the miners, is the government tax upon the foreigners who wish to work upon the public lands in digging and washing gold. The tax is ey a just ong 262 HISTORY OF CALIFORNIA. but many are of opinion that it is too high. A lighter tax would more readily receive the assent of the mass of foreigners; but whether it is not just that they should pay a tax of eight dollars for every ounce of of gold they obtain from the land of others, is another question. The greater portion of the gold region belongs to the government, and was paid for by the government. The people of the United States should, therefore, have the sole right to occupy it; and it is but just, that those people of foreign nations who wish to reap a profit from it either by digging gold or culti- vating the ground, should pay for the use of it. The effect of the tax is, that those who must pay it, either must give up mining or work harder to reap sufficient profit. In either case, the country is benefited. The mining region is constantly increasing in ex- tent. The placers first worked still yield a profit suffi- cient to reward the gold seeker for his labor, and the frequent discovery of new ones by parties prospect- ing, keeps up the heat of excitement. The region is constantly extending towards the north. The vicinity of Trinity River is the most northern part of Cali- fornia where gold is obtained in any considerable quantity, and the source of the San Joaquin, is the most southern. The entire region embraced between these two points is known to abound in the precious metal, and is traversed by the gold “ prospecters.” Of the gold obtained, a great quantity—a third, at least, remains in the country. Another is carried out of California by the foreigners, and the remainder is sent to the Atlantic States of the Union. This is but a rough estimate; but it seems warranted by the facts of the number of foreigners in the country, and the necessary current money of the residents. Cer- HISTORY OF CALIFORNIA. 263 fain it is, that were we to judge of the quantity of gold obtained in California, by the amount received in the United States, we would fall far too short of the truth. The growth of the commerce of California neces- sarily carries with it the growth of all those cities and towns which have any commercial advantages, or which are connected with the various ports. Not only has San Francisco constantly in her harbor a tremendous fleet of merchant vessels from all parts of the world, pouring into her lap the commodities neces- sary to a new country and a rapid building city, and Sacramento, the commerce of the mines continually passing throughit, but all the towns along the coast have felt the impulse, and have become the seat of a traffic of some sort. San Diego, Santa Barbara, San Pedro, and Monterey, are all commercial ports, which have become the resort of those traders who wish to escape the crowd of competitors to be met with at the more northern towns, and to have a pleasant place of residence besides. Los Angeles, twenty-five miles from the port of San Pedro is the centre of an ex- tensive inland trade, and from its being a delightful place of residence, will contribute to the building up of San Pedro in a greater degree than the commerce of San Pedro can influence it. At present, San Francisco is a city of about thirty thousand inhabitants, and in spite of the repeated visitations of the calamity of destructive fire, it has suffered no stoppage in its rapid progress. On the contrary, these fires seem to give a new impulse to the energy and enterprise of its inhabitants, and, by im- pressing upon them the utility of building their houses and stores of the more substantial brick, to have 264 HISTORY OF CALIFORNIa. been of permanent benefit. Like the water of a rapid river, which, meeting with a serious obstacle in its course, is checked for the moment and then, having gathered new strength, surmounts the barrier and springs forward with renewed energy, San Francisco has pursued her course. The late fire, decidedly the most disastrous the new city has experienced, produced for awhile a general stand in business. But the go- aheadative principle was too strong for a continuance of a stagnation; and all the sufferers set about doing their utmost to retrieve their fortunes. Success must wait upon such persevering energy. Sacramento City is fast treading upon the heels of her commercial sister city. Improvements are con- stantly being made to the appearance of the city and the comfort of its inhabitants. A levee is in course of construction, which, it is thought, will effectually protect the city from being flooded during the season of the rise of the river. The overland emigration of which Sacramento is the goal, contributes to swell the population rapidly; and, during the rainy season, the greater portion of the population of the northern mines flock into the city for refuge till the digging season commences. Stockton, Benicia, San José, and Sutter are cach increasing the number of their residents and their trade very fast. The first is the depot of the south- ern mines; the second, the military and naval station, chosen by the government officers; the third is the capital of the State; the last is a thriving town, near Sacramento, but in a better situation. One of the most interesting features of California is the number of the missions in various parts of the State. They are and will continue to be interesting, HISTORY OF CALIFORNIA. 265 because of their age, and the self-denying and ener- getic labors with which they are connected. They were the centres, established by a few Catholic priests, from which the rays of enlightenment and civilized enjoyment were spread to the native Indians of Cali- fornia. Each mission was a little principality, with many leagues of land attached, with some thousand head of cattle, and all the neighboring Indians sub- ject to the control of the padre, and cultivating the land for their own and the padre’s benefit. In 1800, these missions were sixteen in number, and three only have been added since that time. They are named and located as follows:—San Rafael and San Fran- cisco Solano, north of San Francisco Bay; Dolores, near San Francisco; Santa Clara and San José, near Pueblo San José; San Juan, Santa Cruz and Carmel, near Monterey; Soledad, San Antonio, and San Miguel, in the valley of Salina River; San Luis Ohispo, La Purisima, Santa Ynez, Santa Barbara, and San Buenaventura, near Santa Barbara ; San Gabricl and San Fernando, near Los Angeles; and San Luis Rey, San Juan Capistrano and San Dicgo, on the coast, south of Los Angeles. The wealth and power of these missions have ficd, and they are all, more or less, ina state of decay. The Indians who were prospering under the care of the priests have either taken refuge in the mountains or linger about the old mission buildings, in a de- graded and ignorant state. The immense quantity of land which was once attached to them has been taken from them from time to time, and now they but seem the ruins of former greatness. The beauty of the country surrounding those of the missions which are still existing, and the picturesque appearance of 266 HISTORY OF CALIFORNIA. those which are in ruins make them well worthy a visit to the lover of the antiquated. The usual attendant of the American enterprise, the printing press, has found its way to California, to contribute to the information and convenience of the people. Several papers are in extensive circulation in the cities and towns, and projects for others have been formed. The principal are the Alta Californian, the Paeifie News, the Courier, and the Placer Times. The three first are published in San Francisco, and the last at Sacramento. The want of facilities for transportation must be severely felt in the interior settlements of California. Steam vessels of the swiftest and most commodious character are the means of easy communication and transportation between San Francisco and the towns on Suisan Bay and the Sacramento, as far as Sacra- mento City. Communication by the same means will doubtless, soon be established between the different ports on the coast. But railroads and canals are requisites for increasing the social communication and drawing the people of all parts of the State more closely together. These, however, will not be long in demand, after the State has been admitted into the Union. The companies for such purposes will feel secure in their charter, and receive assistance from the government. There is nothing more efficacious in binding a people together and maintaining peace and harmony of action, than the mechanical facility of communication. The Atlantic States of the Union afford plentiful illustration and evidence of this asser- tion. Mark the differences of habit and sentiment in those States, where the means of intercourse between the inhabitants are comparatively few and far between. HISTORY OF CALIFORNIA. 267 The interests of the different sections of a large State are of course, dissimilar, and produce the widest separation of feeling and opinion, which cannot be harmonized without the facilities of intercourse afford- ed by railroads and canals. In no State are there greater means of communication between the people of the different sections, than in Massachusetts; and in no State is there a more harmonious action in the Legislative department of the government. Let the railroads and canals be so constructed in California as soon as possible, and the effect will be the same. We have elsewhere mentioned and characterized the different harbors of California. There has been one other surveyed and pronounced excellent, and the beginning of a town made upon its shores. This is called Humboldt, after the distinguished traveller. Jt is about one hundred and seventy-five miles north of San Francisco. The river formerly called Pigeon, but now Trinity, empties into it. The harbor is sheltered from the south-west winds, but is exposed to the north- west. The north-west winds prevail from November till March, and are severe; but the south-west winds during the remainder of the year, are violent, and the harbor that is sheltered from them is considered a good one. The Indians who inhabit a large portion of Califor- nia, have been, and will be, the subject of considerable trouble to the white residents. It is a matter of the first importance for their safety, and that of the Indians themselves, that agents should be sent among them, with power to negotiate and settle all claims made by them and disputes arising between them and the whites, else, a destructive war will be the con- sequcnce They should be induced to relinquish their 268 HISTORY OF CALIFORNIA. claims to the soil of California as far as the Sierra Hevada, and receive due compensation therefor. But for the want of properly constituted agents from the government, they have been either driven from their old haunts by the mountaineers and other settlers, or remain amongst the whites to be a constant source of trouble. ‘The Shosonees, or Snakes, are the most numerous tribe to be found within the limits of the tate, but there are others which are more warlike and untameable. They have all suffered considerably from the aggressions of the white emigrants, and their attacks upon individuals and parties are but tho promptings of revenge, which should be’ taken into consideration. Lately, a war of extermination against the whole number of certain tribes was commenced on account of the doings of one or two of them. Few of them are provided with better weapons than bows and arrows, and, of course, they can make but a poor resistance to the rifles of the white men. In illustra. tion of the treatment of the Indians, we quote an account of the doings of a war party against them, described in the work of a California tourist :— “A few days before our arrival in the mines, five men from Oregon, named Robinson, Thompson, English, Johnson, and Wood, were murdered by Indians while engaged in gold digging. Having but one rifle, they imprudently left itin their tent. This the Indians some thirty or forty in number, first secured, and then commenced their attack with bows and arrows. The Oregonians defended themselves some time, repeatedly driving the Indians with no other weapons than the stones they found on the bar where they were at work, but upon reaching the edge of the bar, they were each time obliged again to retreat. At length three of HISTORY OF CALIFORNIA. 269 them, stuck full of arrows, were exhausted with loss of bluod and overcome; while the other two attempted to escape by crossing the fork, one succeeding in reaching the other side, but both finally meeting the fate of the others. One of the warriors of the tribe who participated in these murders was afterwards taken prisoner, and furnishing the above narration, his life was spared on condition that he should guide the whites to their rancheria. “ Accordingly, on the 16th of April, a war party was made up of about twenty young mountaineers, mostly Oregon men, and including also the young Greenwoods. Well mounted, and equipped with the cnormous gingling California spurs, they rode up to Old Greenwood’s for a review from the old man pre- paratory to starting. Each man carried besides his inseparable rifle, along Spanish knife usually mounted with silver, and stuck in the folds of his deerskin leg- gings; and many were also provided with a brace of pistols or bowie knife, worn in the red Mexican sash around the waist. Old Greenwood shouted ‘ Mind the scalps and squaws for me, and be sure you bring ‘em all in, boys,’ and away they went, at a thundering lope, eager for revenge.” The day afterwards, the party returned. They were preceded by a party of Peruvians and Chiliaus, with a number of their peones, or slaves. “ Following closely this motley group, came on foot a body of about sixty California Indians. Warriors and boys, squaws with papooses tied on boards and slung at the back, all were prisoners. Clustered to- gether like sheep driven to the slaughter, they hastened through the gorge with uncertain steps, the perspira- tion rolling off their faces now pale with fright. Many M* 270 HISTORY OF CALIFORNIA, of them were quite naked, and the men and boys especially, looked more like ourang-outangs than human beings. “In flank and rear rode the war party, which had left the Culloma Valley two days previous. Every man’s rifle lay across the pommel of his saddle, and dangling at both sides hung several reeking scalps. Among them was a dashing young mountaineer named John Ross, who had two scalps for his share, and sticking in his sash was the red-sheathed bowie knife, which the writer had sold him a few days previous for an ounce of gold dust. Used previously to sever the rinds of pork, or shovel in rice and frijoles, it had now been ‘ wool gathering’ or collecting wigs for old Green- wood’s fancy stores. “¢ Well done, boys,” shouted Grover, ‘you have given it to them this time; now, what’s the news ?’ In reply to this inquiry, we learned that the captured Indian had led them the night before according to promise, to their rancheria, on Weber’s Creek, where some of them showing fight and others attempting escape, they were fired upon and some twenty to thirty were killed. Their chief fought until shot the third time, rising cach time to his knees and discharging his arrows, Ross finally killing, cutting off his head and scalping him. Their rancheria was then searched and burned ; the Indians delivering up the papers of the Oregon men, obtained at the time of their murder, and confessing that they had afterwards burned their bodies to ashes on the mountains. “The subsequent facts were related to the writer by his highly esteemed friend, Mr. Donald Grant, a native of bonnie Scotland, who was one of our party to the mines, and an eye witness to the scene; not HISTORY OF CALIFORNIA. 271 having left on his return to San Francisco till the following day. “ Arriving in the Culloma valley with their prison- ers, the mountaineers and miners had a grand revel and jollification to celebrate their achievement. During the day most of the prisoners were released, but a few squaws and seven warriors were retained. The latter were questioned and examined relative to their parti- cipation in the murder of the Oregonians. Nothing ‘being elicited to prove their guilt, it was nevertheless determined that they should die; because being bad looking and strong warriors, it was belicved they were participators in the murders. Accordingly the con- sumption of champaigne and brandy continued till sunset. At that hour the seven Indians were brought forth, and knowing well their fate, one of them put up his hand as a signal, and all leaped along the valley in rapid flight. Quick as thought the rifles began to crack in every direction, while old Greenwood raving around his cabin remonstrated at the deed, tossed his arms aloft with violent denunciation; and stooping down gathered the dust in his palms, and sprinkled it on his head, swearing he was innocent of their blood. Meantime, John Greenwood stood beside the old man in stoic silence, too brave to participate in the massacre, but too much of a crow to utter his disapproval. But frantic with excitement the others thought only of revenge, and the balls whistling in every direction laid five of the warriors dead in the valley and mortally wounding another, only one escaping unscathed. The dying rays of the sun deserting the bloody scene, yet lingered on the mountain top, and the smoke of the discharge rolled in thick volume, like a pall over the corpses of the slain, while that solitary warrior turned 272 ISTORY OF CALIFORNIA. from his distant height, to gaze after his compani ns, a moment in vain. But his heart quivered with ven- geance, and the thin white locks of the old man in the valley, still mingled with the gray twilight, like the sackeloth and ashes of despair. “ And this is what they call fighting the Indians! A few days before only, we saw a young mountaineer wild with rage, threaten the life of an American who had ventured to suggest, that the murders committed by these Indians were provoked by many previous murders by the whites, and that they should be avenged by the death of the gudlty among the Indians, and not by an éndiseriminate slaughter.” We cannot think highly of the civilization of the white men who take such unmerciful and indiscriminate revenge as this. Such are not the means to gain the Indians over toa peace. Revenge only breeds revenge ; and those who commit such slaughter in retaliation for the murder of one or two men must look to the consequences. The great body of the travel to California is at present by way of the Isthmus of Panama; but those who intend to settle permanently in the State, and who will increase the real population of it, take the overland route from Independence, Missouri. The shortest and best route for commercial purposes will soon be opened across Nicaragua. This will have many advantages over the old Isthmus route, but will not cause that one to be abandoned altogether. Chagres has become somewhat Americanized, and so have Grorgona, Cruces, and Panama. Travel has been some- what facilitated by the addition of American boats on the Chagres River, and the provision of the mountain mules for the rough road to Panama, in sufficient HISTORY OF CALIFORNIA. 273 number to lower the price of travel and decrease the delay. The facilities of intercourse between California and the States east of the Rocky Mountains will tend to ecment her to the Union by all the ties of trade and mutual interest. The people of that State, being at so great a distance from the rest of the States, would seem to be alien te them in interest, and, therefore, that an independent government would contribute most to their prosperity. But mechanical influences —the telegraph—the railroad and the steam vesscl— annihilate distance, and will be the means of attaching the Californians to the confederacy. In her union with the other States, there isher strength. She will add much to their wealth and power, but her free institutions—entirely American, require the support of the confederacy which produced them—at least, until the State has reached her maturity. What will be the future California is a question which admits of a ready answer. If she retains her present boundaries, with her extensive sea coast, and her progress bears any proportion to that since the conquest, in fifty years—it is a warranted conclusion— the State will surpass any of those upon the Atlantic coast. For, what State has such united commercial facilities and vast resources? Whcre are such in- ternal wealth and such splendid harbors to be found united? It is probable, however, that the State may be divided, after the population has reached a sufli- cient number. It is the opinion of some of the mem- bers of the present Congress, that there is too much sea coast for one State to possess, and that has been made an objection t> her admission into the Union, with ner present boundaries. But it is of little weight at 274 HISTORY OF CALIFORNIA. this time. After the State has existed a few years, the utility of such a division as is proposed will be manifest or disproved. In the mean time, let Cali- fornia be admitt:d into the Union as her people have created her, and then she will have every thing neces- sary for her to go on in the fulfilment of a glorious destiny. The gold discoveries in New Mexico and Oregon will have but a slight influence on California affairs. Yet for that slight influence, they deserve to be men- tioned. The recent discoveries in New Mexico, would seem to indicate that the El Dorado of the early Spanish voyagers has been found, and nearly in the place to which their attention was directed by the Indians. A late number of the Houston Telegraph, says: ‘“‘That preparations are in progress in all parts of the State, for a grand expedition to the gold region that has been discovered in New Mexico, not far from the ruins of the celebrated city of Grand Quivira. Gold mines have been found all along the great chain of mountains extending from the sources of the Ar- kansas and Platte Rivers, by Santa Fe, to the Puerto. Immense excavations are shown along the feet of these iountains, and the ruins of vast cities indicate that these mines were once worked by millions of people. The geographical formations of this region are so similar to those of the gold regions of California, that they appear to be identical, and contain similar de- posits of the precious metals. These facts have been made known throughout Texas, and the Tele- graph would not be surprised to find that the emi- gration to the gold region of Texas, in the ensuing autumn, should exceed the emigration tv California. ey HISTORY OF CALIFORNIA. 278 The “consummation devoutly to be wished’’ has been attained. California has at length been admitted to take her place as a star of the confederated repub- lic. The bill for that object passed the House of Representatives on the 7th of September, 1850, by a vote of yeas, one hundred and fifty, nays fifty-six. It had previously passed the Senate by a no less decisive majority. The announcement of the passage of the bill was received with the greatest enthusiasm by its friends, and considerable excitement upon the part of its opponents. The most constant exertions were made by members from the Southern States to defeat the bill by adjournment and by numerous amendments, but they were unavailing. California triumphed. CHAPTER XVI. EVENTS IN CALIFORNIA FROM THE ADMISSION OF THE STATE INTO THE UNION TO THE COMMENCEMENT OF 1858. Since the foregoing chapters were written, events of considerable importance have transpired in Cali- fornia. Remarkable political steps have been taken, and disastrous accidents by flood and fire have hap- pened. The crimes of robbery and murder becoming of so frequent occurrence in San Francisco that all security of person and property was threatened with destruction, a meeting of citizens was called, and it was resolved to organize a Vigilance Committee, for 276 HISTORY OF CALIFORNIA. the summary trial and execution of offenders. This wus an open manifestation of contempt for the consti- tuted authorities, and they protested against it. But a majority of the citizens of San Francisco, feeling that extraordinary measures were necessary, sup- ported those persons who were appointed upon the Committee. Such officers generally abuse the exten- sive authority conferred upon them; but justice requires that we should say, that the members of the San Francisco Vigilance Committee acted throughout with a due appreciation of an awful responsibility. Several persons were arrested, tried, convicted and hung. One or two were notorious criminals, who had often been up before the regular courts, and always contrived to elude justice. By the certain and sum- mary measures of the Committce, sccurity was in a great measure restored, and the members then sur- rendered their authority—acknowledging the entire supremacy of the courts. In October, 1851, the State elections occurred. The contest was spirited. The Democrats were gene- rally successful. John Bigler, their gubernatorial candidate, was elected by about thirteen hundred majority over Mr. Reading, the candidate of the Whigs. At the succeeding session of the Legislature, John B. Weller, formerly of Ohio, was elected to the Senate of the United States, to succeed John C. Fre- mont, who had resigned his seat. Mr. Weller had long been a prominent member of the Democratic party. He commanded the Ohio regiment in the Mexican war. It was believed that he would be an efficient colleague of the industrious and practical Senator Gwin. The Chinese portion of the population of California "ANID OLNAWVUNVS boar eee } a WS , ‘aR Ab fh \ mY | BEB | f wae I ic HISTORY OF CALIFORNIA. 277 has gradually become quite numerous. They have proved themselves steady, energetic and useful citi- zens. Gov. Bigler, however, had a different estima- tion of them. As they do not respect the oaths and forms established by law for the regulation of busi- ness in California, he thought they could not be bound sufficiently in their bargains to suit the busi- ness community; and accordingly he recommended to the Legislature, that some measures should be adopted for checking Chinese immigration. This called forth a spirited remonstrance from the Chinese citizens of San Francisco. They argued with much reason, that they had conducted themselves properly ever since they had entered California, and that there was no real ground of complaint against them. The methods of binding them were explained, it is believed, to the general satisfaction of the busincss community. We should think that Chinese labor would be in great demand in California, as the ‘“ Celestials’” not only work for less than the Americans, but can endure more toil and exposure. In October, 1852, events occurred in the Mexican State of Sonora, which the Californians could not but regard with much interest. Count de Raousset-Boul- bon, a French adventurer, was the prime actor, in a brief but stirring drama, in that quarter. He had come to California in search of fortune. Being unsuccessful, he went to Mexico. At the period of his arrival there the Province of Sonora was devastated by the Alpaca Indians, who committed all sorts of depredations with impunity. Count de Raoussct-Boulbon presented himself to the Mexican Government, and offered to deliver Sonora from the red-skins with which it was infested. The 24 278 TIISTORY OF CALIFORNIA. Mexican Government was ready to fall upon the neck of M. de Raousset-Boulbon. ‘I am a Frenchman. I know the country. I understand war. I will an- swer for every thing,” said the Count. ‘ Good,” said the government, “we will place an army of ten thou- sand men at your disposal.” “Thank you,” said M. de Raousset-Boulbon, “‘keep.your army; it would only get in my way. Give me some muskets, and two hundred thousand francs, and leave the rest to me.” He received the required sum, returned to Sonora, organized a corps of Frenchmen, resolute men like himself, and proceeded to hunt down the Indians. The merchants of the country, delighted with the successes obtained by their defender against a set of rascals who had so long been masters of their provinces, sent subsidies to M. de Raousset-Boulbon, put themselves under his protection, and assured hirn that neither he nor his troops should ever want for any thing if he would only continue the war. The Count closed with the offer. But the popularity of the young general, and the success of his little army, alarmed the Mexican Government. They issued an order requiring him to quit the country with his forces. Count de Raousset-Boulbon replied, that the merchants and land-owners of the country having placed Sonora under his immediate protection, he felt it due to his honor not to abandon them, and consequently he distinctly refused to obey the order. The Mexican Government then sent a frigate to blockade the principal port of Sonora. Count de Raousset-Boulbon took the frigate. The government sent Gen. Blanco, at the head of an army, against the French commander. A battle was fought, and after a short but fierce struggle, superior HISTORY OF CALIFORNIA. 279 numbers triumphed, and the French were defeated. A treaty was then negotiated, by the terms of which, Count Boulbon agreed to quit Sonora, in considera- tion of receiving a large sum of money. It is the prevailing opinion that this movement originated in a mere restless spirit of adventure. But there are some sagacious statesmen at Washing- ton and some keen-eyed politicians in California, who regard it as having had the object of organizing a powerful French state, which might check the pro- gress of the great North American confederacy. Senator Bell, of Tennessee, predicted that such a design would be entertained, and such a movement executed by the French. It is well that the people of California should be upon their guard. A republic can have no safe neighbors but republics. There are a large number of Frenchmen in California; but if the Americans are vigilant there is nothing to be feared from them. On the 2d of November, 1852, the presidential election was held throughout the United States. The Democrats carried California for their electoral ticket, pledged to vote for Franklin Pierce, of New Hampshire, and William R. King, of Alabama. The state election occurred at the same time, and in this, also, the Democrats were completely successful. About the same time, destructive fires occurred in various parts of California. The greater part of the city of Sacramento was laid in ashes by a conflagra- tion, which occurred on the 2d of November. Of this terrible disaster, the San Francisco Herald of the 4th of November, gives the following account :— At 114 o'clock on Tuesday evening, a fire broke out in the millinery shop of Madam Lanos, on 280 HISTORY OF CALIFORNIA. J street, near the corner of Fourth. The inspectors were counting the votes, and a numerous crowd were awaiting the decision of the judges, so that no time was lost in delay. With astonishing rapidity the fire spread from building to building—up, down and across the street, in five minutes. The Crescent City Hotel, on the opposite side of the street, was in flames, and being of inflammable materials and of large size, sent the fiery torrent in every direction. The hardware store of Pawoth, Eels & Co. com- municated the flames to the brick block adjoining, _ which was speedily burned to the ground, and carried the fire up street on both sides, until it reached Eighth strect, and on the south side of J street. On the corner side, from Brown, Kenny & Co.’s brick block, which caught from the Crescent City fire, there was nothing to stay its progress but the Overton Block, on the corner of Third and J streets, on the one side, and Scudder, Carroll & Co. on the other. For a time the superhuman exertions put forth seemed to check, and it was hoped would entirely subdue the fire, and the boom of the powder, like artillery, that was deposited in every building, by the hook and ladder boys, was deemed the signal for the arrest and staying of the fire on this line. In vain, however; the wind, heretofore blowing towards the levee, in- creased to a gale and changed to the north, thus turning the fire broadside on, and in five minutes it had spread to M. street. From J and Third, the fire curled around Scud- der & Carroll’s, and extended to Dr. Morrell’s drug store, on the south side of J street, which proved a barrier for a time. These buildings, of wood, were built in 1849, and as combustible as powder. The HISTORY OF CALIFORNIA. 281 flames caught the wooden building opposite, and spread to the rear on I street. At this time, W. R. McCall & Co.’s building caught on the roof. The burning of their building sealed the fate of all to the levee, on both sides of the street, and bearing down the length of the city, the flames extended, soon wrapping the Orleans Hotel. The buildings all around were blown up with the rapidity of magic, carts stand- ing ready with 25lb. kegs of powder. The Union office next fell, the proprietors saving two presses, type and paper sufficient for a few days’ supply. The Tahama block, containing Page, Bacon & Co.'s, Swift’s and Grimes’ banking offices, saved, wind changing, blowing directly south from them. J. B. Starr’s store also made a wall to prevent the further spread of the fire in that direction. At this moment the fire reached, from the levee, J and K street to Tenth, one sea of fire, crumbling every thing to ashes, The large brick store of J. A. Haines, the brick blocks on K—with the exception of that of the Lady Adams Co. on K, between First and K streets—are a pile of ruins. The L. A. Co.’s buildings stand prominent and erect this morning, a monument to the proprietor’s sagacity and good sense. The families on the line below K street, were busy removing their valuables and furniture, when the flames crossed the brick bar- rier, and swept with remorseless fury down and across, licking with its forked tongue from street to alley, apparently shrivelling the wooden buildings with a single breath. The inmates of the hospital, seventy in number, were taken in season to the levee, and from thence to a suitable house, by Drs. Briarly and Williams. The City market, filled with hay, and the hospital, were the last on that line of the fire, where 24* 282 HISTORY OF CALIFORNIA. the citizens effectually stopped its farther progress, On F street the brick building of Reynolds & Co. made but a light barrier, the roof falling in almost immediately, with three of No. 3’s engine men, who were burned to death. Every thing to Highth street, on the north, and Ninth Street on the south side of J street to Twelfth street, on K down to N street on the southeast, through N and M to the levee—the El Dorado, supposed impregnable hitherto, as also Merritt's, Dr. Morrill’s, Scudders’, and Case & Co.’s are completely gutted. Thus far the number of lives ascertained to be lost are six. Three of No. 3’s Engine Company’s men, who fell with the roof of Reynolds & Co.’s building, were swallowed up alive; the confusion of the morn- ing, and the scattering of people, prevented a roll cel! to ascertain the names of the gallant but unfortunate firemen. A lady, next door to the place where the fire originated, is also reported burnt. The number scorched is enormous, all of whom, however, are care- fully attended to by surgeons on board the Camanche. Every assistance possible was proffered by the captains and agents of the steamers, whose vessels were soon crowded with females. The levee was strewn with merchandise of every description, and the wind blow- ing from the northwest threw the sparks from the goods and saved them all. At 5 a.m., the fire had nearly ceased, the smouldering embers throwing huge clouds of smoke and lurid flashes, bringing desolation to the hearts of all who witnessed the sickening sight. The losses cannot be less than $5,000,000. On the evening of the 9th of November, another great fire occurred at San Francisco. Of this the Cali- fornia Whig of Nov. 10, gives the following account :— HISTORY OF CALIFORNIA. 283 Last evening, at half past eight o’clock, our citizens were alarmed by the dreadful cry of fire, which proved to be too well founded, for in less than five minutes the whole city was illumed by the lurid glare of the flames. There is much contradiction as to where the fire originated, but it is pretty generally conceded that it was in the upper story of the frame building on the corner of Merchant and Kearny streets, occupied by some lodgers. In a very short time all the buildings on the corner of the street were in a blaze, and wholly beyond the power of human aid to save. The close proximity of the building to the Union, on the opposite corner, rendered the probability of its destruction almost certain. In a very few minutes the latter building caught. In the meantime the frame buildings on Merchant, and between that and Clay streets caught, and were in a blaze. The whole force of the fire department were promptly on the spot, with their apparatus, and put into the most effective service. Never since they have been in organization have they displayed their unequalled energy and training as they did on this occasion. Fortunately for the safety of the lower part of the city, there was but little air stirring, and a slight misty rain had fallen during the day and evening, which checked the tendency of the fire to spread towards the bay. Had it not been for this, the mass of sparks falling upon the roofs of the frame buildings on the east side of Montgomery street, must have extended it to the whole lower side of the city. These buildings were covered with men provided with 284 HISTORY OF CALIFORNIA. wet blankets, buckets of water, and every thing necessary to extinguish the flames, should they com- municate to their roofs. The fire burnt eastward to the buidings of Messrs. Austin & Lobdell, fronting on Clay street, and that of Mr. Naglee, fronting on Merchant street. On the north side of Merchant it took the Union Hotel, and all the buildings fronting on that street, down towards Montgomery, to Bolton and Barron’s build- ing. It did not cross over to Washington in any instance. This is the second time that the building of Messrs. Austin & Lobdell has proved an effectual barrier to the progress of a fire, and without receiving the least injury itself, or damaging the goods within it. Nothing but the determined and unparalleled efforts of the firemen prevented the fire from extending to the south side of Clay street; as it was, some $10,000 damage was done to goods and buildings upon that side. The fire broke out, as we have said, at half past eight o'clock, and it was not until a quarter past ten that it was checked or its further spread prevented, and the engines worked for some time longer. The records of the different courts in the old City Hall were removed, but thrown into the utmost confusion. In the midst of the excitement, Mr. Masalski, a gentleman well known to the community as the former keeper of the Sacramento House, rushed to the scene of disaster, and shortly afterwards returned to his dwelling. He was immediately seized with the most alarming symptoms, and in a few moments breathed his last. Dr. Guatier, who attended him in his last moments, says that it is difficult to pronounce upon HISTORY OF CALIFORNIA. 285 the cause of his death, other than that it was brought about by congestion of the brain, but what was the immediate cause of this congestion he is unable to say at present. It is of course impossible for us to give a correct estimate of the losses sustained, but we have heard it variously estimated as from $150,000 to $200,000. Other destructive fires occurred at Marysville, Sonora, Stockton, San Diego and in the agricultural districts, an immense amount of property being destroyed. In the cities, the damage was repaired, with an astonishing rapidity, but some individuals were utterly ruined—the results of years of labor being swept away in a single night. The cities of California are now generally supplied with fire en- gines and hook and ladder companies. But these machines are not always available. The mining news contained in California papers of November, 1852, is very interesting. A letter dated Nevada, Oct. 24, says that the con- tinued dry weather has given unusual opportunities and facilities to miners now working in the river channels. At the best these operations are very pre- carious in their nature—neeessarily attended with a vast outlay, and frequently, where the most sanguine hopes were entertained, the results have been most unfortunate. The time for working in the rivers is usually confined to a very limited period, the water being seldom or never sufficiently low to work to advantage earlier than September; it follows, there- fore, that every additional week of dry weather is of the utmost value to such as are thus engaged. Luckily for them, the present dry season has been unusually protracted, consequent upon which, the 286 HISTORY OF CALIFORNIA. rivers are at an exceedingly low stage, and the success of the miner proportionate to this advantage. On the other hand, those interested in ravine and hill mining (by far the greater proportion of the miners,) are anxiously awaiting the wet season for a supply of water-—without which, all their labor is fruitless. The Bear River and Auburn Water Company’s canal is so far completed as to be available to the miners by the first rains, notwithstanding the great expense and time attending its construction, arising from a want of experience, and so far beyond the calculations of its projectors. This work traverses an extensive and rich mining country, totally dependent upon the canal for water, which cannot be exhausted for many years. The discovery of a continuation of the celebrated Coyote lead, in Nevada, from which so many millions of the precious metals were extracted in 50 and ’651, is now established beyond a doubt. As yet it is not developed to any great extent, but enough, however, to give employment to a goodly number of miners. The character of the lead continues to be similar to the old mines, in appearance and _ productiveness. A few weeks’ further investigation of the locality will no doubt give a new impetus to mining operations here, which have latterly been somewhat stagnant. The Sacramento Journal says:—We.have been shown a lot of the gold taken out of the Mokelumne run, valued at $2,500, which was superior to any thing we ever examined before. The pieces of glitter- ing ore were of sizes varying from a cucumber seed up to a pumpkin seed, and all in that flat, oval shape so peculiarly characteristic of Mokelumne gold. It was sent down from the store of D. L. Angier, in HISTORY OF CALIFORNIA. 287 Calaveras county, and we are informed that the same company of six men that disposed of it, have taken out of the claim $36,000 of the same kind of specimens. Gold has been found in considerable quantities in the mountains back of San Buenaventura. The existence of the gold was made known by the Indians +o some white men, who, on visiting the spot indicated, were rewarded with six ounces of the precious metal. The prospect is said to be good. Three quartz mills have recently commenced ope- rations in Scott valley. We have not received any definite information as to what these mills have ac- complished, but are informed that one of them is pro- ducing gold in great abundance. The Columbia Mining Company took ont 12 Ths. of gold in one day, and 8 Ibs. at night—making in all 20 lbs. The same gentleman informs us that miners generally in that vicinity are doing remarkably well. New diggings have been discovered near the Ame- rican ranche. Those working there are getting weil paid, in coarse, heavy gold. They are making from $12 to $20 per day to the man. The diggings are ravine diggings, and can be worked all winter. A convention of the quartz miners of Nevada county was to have been held at Nevada on the 13th of November, to adopt measures having for their purpose more unity of operation and greater sccurity of labor and capital. The San Francisco papers of Jan. 1, 1853, contain most interesting intelligence of the state of the gold region. The following is the most important :— The present winter is conceded to be the mosé severe experienced in this country since it has been populated by Americans. During the last fortnight 288 HISTORY OF CALIFORNIA. it has been raining and snowing continually in the mountains and valleys, and we are daily in the receipt of accounts of disasters and suffering in all parts of the state. The waters have been unusually high, and communication through the mining regions almost entirely cut off, either by snow or overflowed streams. The rivers have been swelled to such an extent as to inundate all the low lands, causing immense damage, destroying stock and agricultural products. The whole country between Tehama and Sacra- mento city was entirely under water, whilst Marys- ville was partly inundated, and though Sacramento city was well protected by a levee, the lower portions were submerged. The waters at the present time have subsided, although the rains still continue. On the mountain streams, the loss of mining implements has been great, and all work for the present is sus- pended. Bridges have been swept away, and ferries destroyed, and some few lives lost. The southern portion of the mining district has suffered equally with the northern. Stockton has been inundated partially, and property to a considerable amount destroyed. The bridges on the Calaveras, Stanislaus, and other streams have been swept away, and com- munication with the mining towns for a while sus- pended. The flood has been universal, and the waters higher than in the memorable winter of 1849. The great scarcity of provisions, and the conse- quent high prices, have. occasioned much suffering and distress already, and it is feared that many will actually die from starvation. Many miners subsist entirely on beef and potatoes, whilst in other portions of the mines there are hundreds who have nothing at HISTORY OF CALIFORNIA. 289 all but barley and potatoes. In portions of Yuba and Sierra county the snow was already ten feet deep, and still falling, and the miners actually reduced to absolute want. In one place they held a meeting and forced a trader to sell what flour he had on hand at 45 cents per pound, and all who were able to leave did so, thus leaving the provisions for those who were unable to find their way through the snows to the valleys. In some places cabins are entirely covered with snow, and the roofs of many have been crushed in, thus cutting off the last chance of protection. The accounts received may be greatly exaggerated—nevertheless, there is much suffering and distress, and it is not improbable that some may perish by starvation. A few days since, we were visited with a terrible southeast gale, which prevailed for two days. Several light tenements were blown down, and some injury done to the shipping in the harbor. For a day or two, communication by stage with San Jose was cut off, owing to the sudden rise of the intermediate streams. Several important 4ccisions have been rendered in our courts, among which is the decision of the State Supreme Court, recognizing the right of native claim- ants of land to the summary remedy of ejectment where they are disturbed by squatters. This applies to parties who are in possession of their claims, and relieves them from what, by a previous decision of the court, was a necessity, that they should incur first the expensive process of a writ of right in order to prove their title. The Land Commission are making considerable progress in the adjudication of claims. Of these, the 25 290 HISTORY OF CALIFORNIA. most important, perhaps, is that of Mr. Fremont, to a large tract of land on the head waters of the Mari- posa river. The Commission recognizes his claim to the land, but does not undertake to decide upon his title to the mineral wealth, which, as is well known, is embraced within the limits of the grant. A convention of Quartz Miners, held at Nevada, have adopted a code of laws for the government of those working quartz veins in that country. Barley has been used for bread in some places in the interior, and is found to be a good substitute for flour. Farmers are getting their lands ready for the crops of the next year, and it is understood that considera- ble quantities of wheat will be sown. Preparations are also being made for the erection of grist mills, and it is not likely another season will find us so dependant upon foreign supply for breadstuffs. There was considerable excitement in California, during the latter part of December, about a supposed monopoly of flour. The article had been very scarce and high for some time, and the exorbitant rates it commanded were attributed in a great measure to an organized effort to force up prices. Indignation meet- ings were held in the interior, and in San Francisco several of the public prints endeavored to expose the supposed plots of the speculators. The timely arrival of cargoes from Chili and elsewhere, however, soon caused a decline, and the excitement on the subject consequently abated. Vallejo has been made the capital of the state. It possesses many advantages of situation, and promises to bea large city. If the government should continue MISTORY OF CALIFORNIA. 291 to have its seat there, Vallejo may prove a formidable rival to San Francisco. At Sacramento city much alarm prevailed, in con- sequence of the rise of the water in the river and its tributaries. The papers say :— The warm and unprecedented heavy rains of the last forty-eight hours have brought down upon us an avalanche of water from the snowy regions skirting the forks of the American River, and swollen the latter stream toa greater height than at any former period of the present season. At 9 o’clock, yesterday morning, the water was eyen with its natural banks, and soon after com- menced percolating through the unfinished embank- ments at the gaps of the old levee. These were speedily torn away by the force of the current, and the water, now running on unobstructed through the breach of the new levee, and so on down towards the city. By dusk last evening, that portion of the town lying south of J and east of Fifth street, was entirely submerged, to the depth of from one to three feet. During the whole of yesterday the rain poured down in torrents, and the weather was warmer than we have known it for a month past. The American river continued to rise, up to a very late hour, and, at last accounts, was eleven and a half feet higher than on Wednesday. It is useless to deny the fact that the highest mark has not yet been reached, for there is a great body of snow that, under the influence of the present storm, must dissolve, and find its way to the Sacra- mento. The latter sircam also rose steadily during 292 HISTORY OF CALIFORNIA. Thursday, but still lacks some two feet of being up to the top of the levee. There is no danger whatever of the embankment yielding at any point in front of the city—the only danger to be apprehended is that it may not prove sufficiently high to retain the stream within its appro- priate bounds. A small breach was discovered early yesterday morning in the new levee, near Dudley’s farm, but it was repaired before any damage was done. There was a rumor prevailing last evening that Lisle’s bridge had been swept away, but could be traced to no reliable source. Every body is busily engaged in making prepara- tions to meet the anticipated flood. Merchants and shopkeepers, and all having property on the ground floor, are raising them above high water mark—boats are moored at the doors—vehicles of every descrip- tion, stock, grain, tents, hay, provisions and people, are crowded together on the public square, and every available dry nook and corner is occupied. The Marysville Express of the 20th, says: ‘“‘The water is within three or four inches as high as it was at the last flood, when it was 64 inches higher than ever known before. The rain is still falling heavily, and when we consider the enormous, almost frightful, quantity of snow in the mountains, the most alarming fears may most reasonably be entertained. All seem to join in the belief that the present will exceed any previous flood known. The accounts we receive from the mining districts are really heart rending; death by cold and starva- tion has visited many poor unfortunates, while as yet the tale of horrors is but half told. It was feared HISTORY OF CALIFORNIA. 293 that as intelligence should be received from the moun- tains, we shall have to record the sad fate of many more. Great quantities of gold are still obtained in Cali- fornia. The average value of the gold dust brought by each steamer of the Panama line is about $500,000. This is an astonishing production; and we are almost ready to believe the enthusiastic declarations of the first adventurers in this El] Dorado, that the gold re- gion is inexhaustible. Emigration to California continues to be extensive. Most of those who intend to become permanent settlers proceed by the overland route, from Independence, Missouri, to Sacramento City. Late in the summer of every year, a relief train is sent from the settled portion of California, to meet the emigrants. Many persons are thus saved from death by starvation. The expense of the relief train is a consideration of little importance, when its object is borne in mind. Had the same measure been adopted soon after the gold discovery, many of those whose bones are bleach- ing on the plains, would have survived to become use- ful citizens of California. Interesting proceedings have taken place in the United States Senate, in regard to the Tehuantepec route to California. The Mexican government has shown a disposition to prevent the construction of a road across Tehuantepec, which some senators think should be promptly rebuked. In a recent speech upon the subject, Mr. Mason, of Virginia, said that the acquisition of California and the intervening terri- tory, placed this Government in the position of having some of its dependencies almost inaccessible. The discovery of the gold in California, made the subject 21 294 HISTORY OF CALIFORNIA. of a communication with that region, of the deepest importance, and has naturally drawn the eyes of the world to the necessity of securing some safe, reliable, and speedy right of way to the Pacific Ocean. Pana- ma has been sought, and it has been used as a place of transit, without any serious objection on the part of any government there. Mexico alone has intcr- posd an obstacle to this desired communication with the Pacific. Mexico, from whom our territory was derived, and who is our neighbor and sister Republic, has alone refused the right of way to the world, and has not only refused the right of transit to other nations, but has also set aside an existing grant of that right. For years, enterprises have been pro- jected to connect the two Oceans at Tehuantepce. In view of the vast importance of this connection, the minds of the people of the United States have been concentrated upon the discovery of that plan which shall be the least expensive, and at the same time the most certain and efficient, to unite the two Oceans by means of travel or transportation. Mr. Mason read a table showing the distance between New York and San Francisco by the Chagres route, to be 6650 miles ; between New Orleans and San Francisco, by way of Chagres, 5675 miles; between New York and San Francisco, by the Tehuantepec route, 4970 ; between New Orleans and San Francisco, by the Tehuantepec, 3740 miles. The average time from New York to San Francisco, by the Chagres route, was 28 days, and the shortest 24 days.’ The average time by the Tehuantepec route was 19 days, and the shortest 15. From New Orleans, by way of Tehuantepec, the average time would te 14 days, and the shortest 12 days. HISTORY OF CALIFORNIA. 295 It is believed that spirited action on the part of our government will secure from Mexico the recognition of aright of way across Tehuantepec, which, accord- ing to Senator Mason’s able representation, is but a matter of justice. Mexico is at present almost ready to fall to pieces, most of its states, or provinces, being in successful rebellion. She is not, therefore, in a condition to resist a formidable foreign power. It is lamentable, when a government is weak, and yet dares to be unjust. The people of California have a considerable stake in the decision of the Tehuantepec question. The gold region is constantly being extended by new discoveries—especially in the north-eastern sec- tion of the state. In the meantime the old mines continue to yield a good profit to industrious laborers. Before the recent flood, the mining news from the Mariposa diggings was very favorable—the miners averaging from $25 to $30 a day. On Cottonwood Creek, Shosta Valley, operations were also well re- warded—one company making $100 per day to the hand. The number of persons engaged in mining and crushing the gold-bearing quartz is very large, and the yield rewards the toil. The miners still occasionally take upon themsclves the punishment of offenders. Recently, a half-breed Mexican, named John Bathus, having stolen $800 in gold dust from 8. B. Star, on the Klamath, was caught, tried by the miners of the district, convicted, sentenced to be shot, and executed accordingly. About the same time, a man named Morrison, having committed a theft among the miners on Humbug Oreck, was caught, and received twelve lashes on his bare back. These cases, however, occurred in wild 296 HISTORY OF CALIFORNIA. districts, where the laws of the State are but imper- fectly executed, and where summary measures can alone secure the miner in possession of his hard-earned property. The Indians in the State are very troublesome, in spite of the strong regular force kept in vigilant ser- vice. The most recent disturbances have occurred in Trinity County, whither Gen. Hitchcock was com- pelled to despatch a company of United States troops. Prompt and vigorous measures being adopted, the savages were quieted. Other disturbances in that section of the country about the mouth of the Kla- math, were terminated as promptly. A late number of the Shasta Courier says, the Indians on Churn Creek, on the east side of the Sac- ramento river, have become very annoying to the whites. They have stolen a great many mules, and are constantly watching for opportunities to take human life. But recently, a man named Henry Wel- den, was pursued for several miles by a band of these Indians, and narrowly escaped with his life. In con- sequence of these outrages, a company of miners was formed for the purpose of driving the savages to a safer distance, or exterminating them. The company was equipped for efficient service in the mountains. The Indians fled before them, and could not be over- taken. Several months previous the Indians on the Gila were incited to war by some reckless Mexicans. Several expeditions were sent against them from Fort Yumas, and recently the savages have been so far quieted, that the country is now considered safe for emigrants. Among the new and most remarkable placer's, are HISTORY OF CALIFORNIA. 297 the gold bluffs, situated near the mouth of the Kla- math river, about thirty miles north of Trinidad. The approach to them by land is over a plain of sand, into which the traveller sinks ankle-deep at every step. The bluffs stretch along some five or six miles, and present a perpendicular front to the ocean of from 100 to 400 feet in height. In ordinary weather the beach is from 20 to 50 feet in width, composed of a mixture of gray and black sand, the latter con- taining the gold in scales so fine that they cannot be separated by the ordinary proccss of washing; 80 that resort must be had to chemical means. The beach changes with every tide, and sometimes no black, auriferous sand is to be seen on the surface. By digging down, it is found mixed with gray sand, which largely predominates. The violence of the surf renders landing in boats impracticable. When the beach was discovered early in 1851, several tons of goods were landed from a steamer despatched thither, by means of lines from the vessel to the shore. The Pacific Mining Company have made good profits in working the bluffs and the sand of the beach. Tunneling has been carried on quite extensively in the mining region. Some of the tunnels through solid rock are wonderful achievements. At Duggan’s Flat, a party bored 150 feet in the solid rock before finding the gold. Professor Forrest Shepherd, of New Haven, has made some remarkable discoveries of thermal action in California. In one place where there was nothing on the surface to attract attention, on digging down the heat increased so rapidly that at the depth of two feet he could not bear his hand in the earth, and the 298 HISTORY OF CALIFORNIA. thermometer indicated a temperature of 130 degrees. At another place, after wandering for four days through dense thickets, he came upon a chasm a thou- sand feet deep, through which flowed a stream, the banks of which, on the 8th of February, were covered with vegetation. Following up the stream, the earth grew so hot as to burn the feet through the boots. There was no appearance of lava, and the rocks were being dissolved by a powerful catalytic action. From innumerable orifices steam was forced to the height of two hundred feet. The number of spouting geysers and boiling springs, on a half mile square, excecded two hundred. The Professor, in the course of a lec- ture delivered at San Jose, said he did not doubt that silver, lead, and iron abounded in California. The legislation of Congress in regard to California has sometimes been of a very unsatisfactory cha- racter. By an act passed in 1850, the Secretary of the Treasury was authorized to contract upon the most reasonable terms with the proprietors of some well-established assaying works then in successful operation in California, who should perform such duties in assaying and fixing the value of gold in grains and lumps, and in forming the same into bars, as should be prescribed by the Secretary of the Trea- sury, and the assayer was to fix the stamp of the United States, indicating the degree of fineness and value, upon each bar or ingot. This was a measure of convenience, and the merchants of the California ports had then ample means of paying their custom house duties. In 1852, however, Congress passed an act, creating a branch mint of the United States in California: and to this act was appended a clause, repealing the act which authorized the office of As- ‘OOSIONVUM NYS LY SNAOS ONVIGAIY dy 4 a - GH fh aN h i / if 1 i a ‘¢ Wi a NS A) NY Mi ON ‘ fi i yl illil? yy dears i Wh LT i HISTORY OF CALIFORNIA. 299 sayer, a3 soon as public notice was given of the erea- tion of the branch mint. In consequence of this legislation, the Assayer’s office was abolished, and yet there was no mint for coining in the golden land. Time was required for making the necessary appro- priation of money, erecting buildings, and construct- ing machinery, all of which had not been considered. The clause of the former act which made the stamped ingots receivable for duties was repealed. The mer- chants of California had no means of paying their duties at the custom house, and great excitement and confusion ensued. Finally, an arrangement was made with the Collector of San Francisco, under which un- coined gold could be received in payment of duties, and then business went on as usual. Care is one of the first essentials of beneficial legislation. The cir- cumstance that the peeple of California are so far from the seat of the federal government, requires a strict attention in legislators, to prevent evils which cannot be quickly remedied. The people of California seem to be deeply inte- rested in the construction of a great railroad from the Mississippi to the Pacific. At San Diego, seve- ral mectings have been held, and reports adopted, advocating and exhibiting the advantages of a south- ern route for the proposed railroad. The route which the meetings favored is to start from the Gulf of Mexico or some of its tributaries, and passing through Texas, Louisiana, and New Mexico te California, and strike the Pacific at San Diego. Its entire length would not exceed sixteen hundred miles, whilst it would have the advantages, as alleged by the report, of passing through a section in which universal sum- 800 HISTORY OF CALIFORNIA. mer prevails, and of affording opportunities for late- ral roads connecting with the cities of Mexico, through which a large trade might be obtained. The subject has been brought to the consideration of Congress, and that body has prudently appropriated a large sum for a survey of the various routes proposed. APVENDIX. APPENDIX A. CONSTITUTION OF CALIFORNIA. PROCLAMATION TO THE PEOPLE OF CALIFORNIA THE delegates of the people assembled in Conven- tion, have formed a constitution, which is now pre- sented for your ratification. The time and manner of voting on this constitution, and of holding the first general election, are clearly set forth in the sche- dule. The whole subject is, therefore, left for your unbiassed and deliberate consideration. The Prefect (or person exercising the functions of that office) of each district, will designate the places for opening the polls, and give due notice of the elec- tion, in accordance with the provisions of the consti- tution and schedule. The people are now called upon to form a govern- ment for themselves, and to designate such officers as they desire, to make and execute the laws. That their choice may be wisely made, and that the govern- 301 302 HISTORY OF CALIFORNIA. ment so organized may secure the permanent welfare and happiness of the people of the new State, is the sincere and earnest wish of the present Executive, who, if the constitution be ratified, will, with pleasure, surrender his powers to whomsoever the people may designate as his successor. Given at Monterey, California, this 12th day of October, A. D., 1849. (Signed) B. RI ey, Brevet Brig. General, U. 8. A., and Governor of California. (Official) H. W. Hatvecx, Brevet Captain and Secretary of State. WE THE PEOPLE OF CALIFORNIA, GRATEFUL TO AL- MIGHTY GOD FOR OUR FREEDOM, IN ORDER TO SECURE ITS BLESSINGS, DO ESTABLISH THIS CON- STITUTION :-— ARTICLE T. DECLARATION OF RIGHTS. Sec. 1. All men are by nature free and indepen- dent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety and happiness. Sec. 2. All political power is inherent in the peo- ple. Government is instituted for the protection, se- curity, and benefit of the people; and they have the right to alter or reform the same, whenever the pub- lic good may require it. HISTORY OF CALIFORNIA. 303 Sec. 38. The right of trial by jury shall be secured to all, and remain inviolate for ever; but a jury trial may be waived by the parties, in all civil cases, in the manner to be prescribed by law. Src. 4. The free exercise and enjoyment of reli- gious profession and worship, without discrimination or preference, shall for ever be allowed in this State; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of reli- gious belief; but the liberty of conscience, hereby secured, shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State. Src. 5. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebel- lion or invasion, the public safety may require its suspension. Sec. 6. Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel or unusual punishments be inflicted, nor shall witnesses be un- reasonably detained. Src. 7. All persons shall be bailable, by sufficient sureties: unless for capital offences, when the proof is evident or the presumption great. Src. 8. No person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of militia when in ac- tual service, and the land and naval forces in time of war, or which this State may keep with the consent of Congress in time of peace, and in cases of petit larceny under the regulation of the Legislature,) un- less on presentment or indictment of a grand jury; and in any trial in any court whatever, the party ac- cused shall be allowed to appear and defend in person 27 R* 804 HISTORY OF CALIFORNIA. and with counsel, as in civil actions. No person shall be subject to be twice put in jeopardy for the same offence; nor shall he be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. Sec. 9. Every citizen may freely speak, write, and publish his sentiments on all subjects, being respon- sible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions on indict- ments for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libellous is true, and was pub- lished with good motives and for justifiable ends, the party shall be acquitted: and the jury shall have the right to determine the law and the fact. Sec. 10. The people shall have the right freely to assemble together, to consult for the common good, to instruct their representatives, and to petition the legis- lature for redress of grievances. Sec. 11. All laws of a general nature shall have a uniform operation. Sec. 12. The military shall be subordinate to the civil power. No standing army shall be kept up by this State in time of peace; and in time of war no appropriation for a standing army shall be for a longer time than two years. Sec. 18. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, except in the manner t9 be prescribed by law. HISTORY OF CALIFORNIA. 205 Src. 14. Representation shall be apportioned ac- cording to population. Sec. 15. No person shall be imprisoned for debt in any civil action on mesne or final process, unless in cases of fraud; and no person shall be imprisoned for a milita fine in time of peace. Sec. 16. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed. Src. 17. Foreigners who are, or who may here- after become, bona fide residents of this State, shall enjoy the same rights in respect to the possession, en- joyment, and inheritance of property, as native born citizens. Sec. 18. Neither slavery, nor involuntary servi- tude, unless for the punishment of erimes, shall ever be tolerated in this State. Sec. 19. The right of the people to be secure in their persons, houses, papers and effects, against un- reasonable seizures and searches, shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describ- ing the place to be searched, and the persons and things to be seized. Sec. 20. Treason against the State shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason, unless on the evidence of two witnesses to the same overt act, or confession in open court. Sec. 21. This enumeration of rights shall not be construed to impair or deny others retained by the people. 3806 HISTORY OF CALIFORNIA. ARTICLE II. RIGHT OF SUFFRAGE. Sec. 1. Every white male citizen of the United States, and every white male citizen of Mexico, who shall have elected to become a citizen of the United States, under the treaty of peace exchanged and rati- fied at Queretaro, on the 80th day of May, 1848, of the age of twenty-one years, who shall have been a resident of the State six months next preceding the election, and the county or district in which he claims his vote thirty days, shall be entitled to vote at all elections which are now or hereafter may be autho- rized by law: Provided, that nothing herein contained shall be construed to prevent the Legislature, by a two-thirds concurrent vote, from admitting to the right of suffrage, Indians or the descendants of Indians, in such special cases as such a proportion of the legis- lative body may deem just and proper. Sec. 2. Electors shall, on all cases except treason, felony, or breach of the peace, be privileged from arrest on the days of the election, during their attendance at such election, going to and returning therefrom. Sec. 3. No elector shall be obliged to perform militia duty on the day of election, except in time of war or public danger. Sec. 4. For the purpose of voting, no person shall be deemed to have gained or lost a residence by rea- son of his presence or absence while employed in the service of the United States; nor while engaged in the navigation of the waters of this State, or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any HISTORY OF CALIFORNIA. 807 almshouse, or other asylum, at public expense; nor while confined in any public prison. Sec. 5. No idiot or insane person, or person con- victed of any infamous crime, shall be entitled to the privileges of an elector. Sc. 6. All elections by the people shall be by ballot. ARTICLE III. DISTRIBUTION OF POWERS. The powers of the government of the State of Cali- fornia shall be divided into three separate depart- ments: the Legislature, the Executive, and Judicial ; and no person charged with the exercise of powers properly belonging to one of these departments, shall exercise any functions appertaining to either of the others; except in the cases hereinafter expressly directed or permitted. ARTICLE IV. LEGISLATIVE DEPARTMENT. Szc. 1. The legislative power of this State shall be vested in a Senate and Assembly, which shall be designated the Legislature of the State of California, and the enacting clause of every law shall be as fol- lows: “ The people of the State of California, repre- sented in Senate and Assembly, do enact as follows.”’ Src. 2. The sessions of the Legislature shall be annual, and shall commence on the first Monday of January, next ensuing the election of its members ; unless the Governor of the State shall, in the interim, convene the Legislature by proclamation. Sec. 3. The members of the Assembly shall be 308 HISTORY OF CALIFORNIA. chosen annually, by the qualified electors of theit respective districts, on the Tuesday next after the first Monday in November, unless otherwise ordered by the Legislature, and their term of office shall be one year. Src. 4. Senators and Members of Assembly shall be duly qualified electors in the respective counties and districts which they represent. Src. 5. Senators shall be chosen for the term of two years, at the same time and places as Members of Assembly; and no person shall be a Member of the Senate or Assembly, who has not been a citizen and inhabitant of the State one year, and of the country or district for which he shall be chosen six months next before his clection. Sec. 6. The number of Senators shall not be less than one third, nor more than one half, of that of the Members of Assembly; and at the first session of the Legislature after this Constitution takes effect, the Senators shall be divided by lot as equally as may be, into two classes; the seats of the Senators of the first class shall be vacated at the expiration of the first year, so that one half shall be chosen annually. Sec. 7. When the number of Senators is increased, . they shall be apportioned by lot, so as to keep the two classes as nearly equal in number as possible. Sec. 8. Each house shall choose its own officers, and judge of the qualifications, elections, and returns of its own members. Sec. 9. A majority of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attend- ance of absent members, in such manner, and under such penalties as each house may provide. HISTORY OF CALIFORNIA. 309 Sec. 10. Each house shall determine the rules of its own proceedings, and may with the concurrence of two-thirds of all the members elected, expel a member. Sec. 11. Each house shall keep a journal of its own proceedings, and publish the same; and the yeas and nays of the members of either house, on any question, shall, at the desire of any three members present, be entered on the journal. Sec. 12. Members of the Legislature shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest, and they shall not be subject to any civil process during the session of the Legisla- ture, nor for fifteen days next before the commence. ment and after the termination of each session. Sec. 18. When vacancies occur in either house, the Governor, or the person exercising the functions of the Governor, shall issue writs of election to fill such vacancies. Sec. 14. The doors of each house shall be open, except on such occasions as in the opinion of the house may require secrecy. Sec. 15. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting. Sec. 16. Any bill may originate in either house of the Legislature, and all bills passed by one house may be amended in the other. Src. 17. Every bill which may have passed the Legislature, shall, before it becomes a law, be pre- sented to the Governor. If he approve it, he shall sign it; but if not, he shall return it, with his objec- tions, to the house in which it originated, which shall enter the same upon the journal, and proceed to re 22 810 HISTORY OF CALIFORNIA. consider it. If, after such reconsideration, it again pass both houses, by yeas and nays, by a majority of two-thirds of the members of each house present, it shall become a law, notwithstanding the Governor's objections. If any bill shall not be returned within ten days after it shall have been presented to him, (Sunday excepted,) the same shall be a law, in like manner as if he had signed it, unless the Legislature, by adjournment, prevent such return. Suc. 18. The Assembly shall have the sole power of impeachment ; and all impeachments shall be tried by the Senate. When sitting for that purpose, the Senators shall be upon oath or affirmation; and no person shall be convicted without the concurrence of two-thirds of the members present. Sec. 19. The Governor, Lieutenant-Governor, Se- eretary of State, Comptroller, Treasurer, Attorney- General, Surveyor-General, Justices of the Supreme Court, and Judges of the District Courts, shall be liable to impeachment for any misdemeanor in office ; but judgment in such cases shall extend only to re- moval from office, and disqualification to hold any office of honor, trust or profit, under the State; but the party convicted, or acquitted, shall nevertheless be liable to indictment, trial and punishment, according to law. All other civil officers shall be tried for mis- demeanors in office, in such manner as the Legislature may provide. Sec. 20. No Senator or member of Assembly shall, during the term for which he shall have been elected, be appointed to any civil office of profit, under this State, which shall have been created, or the emolu- ments of which shall have been increased, during such HISTORY OF CALIFORNIA. 811 term, except such office as may be filled by elections by the people. Sec. 21. No person holding any lucrative office under the United States, or any other power, shall be eligible to any civil office of profit, under this State ; provided, that officers in the militia, to which there is attached no annual salary, or local officers and post- masters whose compensation does not exceed five hundred dollars per annum, shall not be deemed lucra- tive. Sec. 22. No person who shall be convicted of the embezzlement or defalcation of the public funds of th-s State, shall ever be eligible to any office of honor, trust, or profit, under the State; and the Legislature shall, as soon as practicable, pass a law providing for the punishment of such embezzlement, or defalcation as a felony. Sec. 23. No money shall be drawn from the Trea- sury but in consequence of appropriations made by law. An accurate statement of the receipts and ex- penditures of the public moneys shall be attached to, and published with, the laws, at every regular session of the Legislature. Sec. 24. The members of the Legislature shall receive for their services, a compensation to be fixed by law, and paid out of the public treasury; but no increase of the compensation shall take effect during the term for which the members of either house ehall have been elected. Src. 25. Every law enacted by the Legislature, shall embrace but one object, and that shall be ex- pressed in the title; and no law shall be revised, or amended, by reference to its title; but in such case, 312 HISTORY OF CALIFORNIA. the act revised, or section amended, shall be re enacted and published at length. Sxc. 26. No divorce shall be granted by the Legis- lature. Szo. 27. No lottery shall be authorized by this State, nor shall the sale of lottery tickets be allowed. Src. 28. The enumeration of the inhabitants of this State shall be taken, under the direction of the Legis- lature, in the year one thousand eight hundred and fifty-two, and one thousand eight hundred and fifty- five, and at the end of every ten years thereafter ; and these enumerations, together with the census that may be taken, under the direction of the Congress of the United States, in the year one thousand eight hundred and fifty, and every subsequent ten years, shall serve as the basis of representation in both houses of the Legislature. Ssc. 29. The number of Senators and Members of Assembly, shall, at the first session of the Legislature, holden after the enumeration herein provided for are made, be fixed by the Legislature, and apportioned among the several counties and districts to be esta- blished by law, according to the number of white in- habitants. The number of Members of Assembly shall not be less than twenty-four, nor more than thirty-six, until the number of inhabitants within this State shall amount to one hundred thousand: and after that period, at such ratio that the whole number of Members of Assembly shall never be less than thirty, nor more than eighty. Sec. 30. When a congressional, senatorial, or assembly district, shall be composed of two or more counties, it shall not be separated by any county bo longing to another district; and no county shall b HISTORY OF CALIFORNIA. 313 divided, in forming a congressional, senatorial, or assembly district. Ssc. 81. Corporations may be formed under gene- ral laws, but shall not be created by special act, ex- cept for municipal purposes. All general laws and special acts passed pursuant to this section may be altered from time to time, or repealed. Sec. 32. Dues from corporations shall be secured by such individual liability of the corporators, and other means, as may be prescribed by law. Sec. 838. The term corporations, as used in this article, shall be construed to include all associations and joint-stock companies, having any of the powers or privileges of corporations not possessed by indivi- duals or partnerships. And all corporations shall have the right to sue, and shall be subject to be sucd, in all courts, in like cases as natural persons. Sec. 34. The Legislature shall have no power to to pass any act granting any charter for banking pur- poses ; but associations may be formed under general laws, for the deposit of gold and silver; but no such association shall make, issue, or put in circulation, any bill, check, tickets, certificate, promissory note, or other paper, or the paper of any bank, to circulate as money. Sec. 85. The Legislature of this State shall pro- hibit, by law, any person or persons, association, com- pany, or corporation, from exercising the privileges of banking, or creating paper to circulate as money. Sec. 36. Each stockholder of a corporation, or joint-stock association, shall be individually and per- sonally able for his proportion of all its debts and liabilities. Sec. 87. It shall be the duty of the Legislature to 314 HISTORY OF CALIFORNIA. provide for the organization of cities and incorporated villages, and to restrict their power of taxation, as- sessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assess- ments, and in contracting debts, by such municipal corporations. Sec. 88. In all elections by the Legislature, the members thereof shall vote viva voce, and the votes shall be entered on the journal. ARTICLE V. EXECUTIVE DEPARTMENT. Src. 1. The supreme executive power of this State shall be vested in a chief magistrate, who shall be styled the Governor of the State of California. Src. 2. The Governor shall be elected by the qualified electors, at the time and places of voting for Members of Assembly, and shall hold his office two years from the time of his installation, and until his successor shall be qualified. Sec. 8. No person shall be eligible to the office of Governor (except at the first election) who has not been a citizen of the United States and a resident of this State two years next preceding the election, and attained the age of twenty-five years at the time of said election. Src. 4. The returns of every election for Governor shall be sealed up and transmitted to the seat of gov- ernment, directed to the Speaker of the Assembly, who shall, during the first week of the session, open and publish them in presence of both houses of the Legislature. The person having the highest number of votes shall be Governor; but in case any two or HISTORY OF CALIFORNIA. 315 more have an equal and the highest number of votes, the Legislature shal by jomt-vote of both houses, choose one ot said persons, so having an equal and the highest number of votes, for Governor. Sec. 5. The Governor shall be commander-in-chief of the militia, the army, and navy of this State. Sec. 6. He shall transact all executive business with the officers of government, civil and military, and may require information in writing from the officers of the executive department, upon any subject relating to the duties of the respective offices. Sec. 7. He shall see that the laws are faithfully executed. Sec. 8. When any office shall, from any cause, be- come vacant, and no mode is provided by the constitu- tion and laws for filling such vacancy, the Governor shall have power to fill such vacancy by granting a commission, which shall expire at the end of the next session of the Legislature, or at the next election by the people. Sec. 9. He may, on extraordinary occasions, con- vene the Legislature by proclamation, and shall state to both houses, when assembled, the purpose for which they shall have been convened. Suc. 10. He shall communicate by message to the Legislature, at every session, the condition of the State, and recommend such matters as he shall deem expedient. Ssc. 11. in case of a disagreement between the two houses, with respect to the time of adjournment, the Governor shall have power to adjourn the Legis- Jature to such time as he may think proper; Provided it be not beyond the time fixed for the meeting of the next Legislature. 316 HISTORY OF CALIFORNIA. Szc. 12. No person shall, while holding any office under the United States, or this State, exercise the office of Governor, except as hereinafter expressly provided. Sec. 13. The Governor shall have the power to grant reprieves and pardons after conviction, for all offences except treason, and cases of impeachment, upon such conditions, and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason he shall have the power to suspend the execution of the sentence until the case shall be re- ported to the Legislature at its next meeting, when the Legislature shall either pardon, direct the execu- tion of the sentence, or grant a further reprieve. He shall communicate to the Legislature, at the begin- ning of every session, every case of reprieve, or par- don granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the pardon or reprieve. Sec. 14. There shall be a seal of this State, which shall be kept by the Governor, and used by him officially, and it shall be called “The Great Seal of the State of California.” Ssc..15. All grants and commissions shall be in the name and by the authority of the people of the State of California, sealed with the great seal of the State, signed by the Governor, and countersigned by the Secretary of State. Src. 16. A Lieutenant-Governor shall be elected at the same time and place, and in the same manner as the Governor; and his term of office, and his qua- lifications, shall also be the same. He shall be Pre- HISTORY OF CALIFORNIA. R17 sident of the Senate, but shall only have a casting vote therein. If, during a vacancy of the office of Governor, the Lieutenant-Governor shall be im- peached, displaced, resign, die, or become incapable of performing the duties of his office, or be absent from the State, the President of the Senate shall act as Governor, until the vacancy be filled, or the dis- ability shall cease. Src. 17. In case of the impeachment of the Go- vernor, or his removal from office, death, inability to discharge the pewers and duties of the said office, resignation or absence from the State, the powers and duties of the office shall devolve upon the Lieutenant- Governor for the residue of the term, or until the isability shall cease. But when the Governor shall, with the consent of the Legislature, be out of the State in time of war, at the head of any military force thereof, ke shall continue commander-in-chief of all the military forces of the State. Sec. 18. A Secretary of State, a Comptroller, a Treasurer, an Attorney-General and Surveyor-Gene- ral, shall be chosen in the manner provided in this Constitution; and the term of office, and eligibility of each, shall be the same as are prescribed for the Governor and Lieutenant-Governor. Sec. 19. The Secretary of State shall be appointed by the Governor, by and with the advice and conscnt of the Senate. He shall keep a fair record of the official acts of the Legislature and Executive Departments of the Government; and shall, when required, lay the same, and all matters relative there- to, before either branch of the Legislature: and shall perform such other duties as shall be assigned him by law. 318 HISTORY OF CALIFORNIA. Sec. 20. The Comptroller, Treasurer, Attorney. General and Surveyor-General, shall be chosen by jeint vote of the two Houses of the Legislature, at their first session under this Constitution, and there- after shall be elected at the same time and places, and in the same manner, as the Governor and Lieu- tenant-Governor. Sec. 21. The Governor, Lieutenant-Governor, Se- cretary of State, Comptroller, Treasurer, Attorney- General, and Surveyor-General, shall each at stated times during their continuance in office, receive for their services a compensation, which shall not be in- creased or diminished during the term for which they shall have been elected; but neither of these officers shall receive for his own use any fees for the perform- ance of his official duties. ARTICLE VI. JUDICIAL DEPARTMENT. Sec. 1. The judicial power of this State shall be vested in a Supreme Court, in District Courts, in County Courts, and in Justices of the Peace. The Legislature may also establish such municipal and other inferior courts as may be deemed necessary. Sec. 2. The Supreme Court shall consist of a Chief Justice, and two Associate Justices, any two of whom shall constitute a quorum. Src. 8. The Justices of the Supreme Court shall be elected at the general election, by the qualified electors of the State, and shall hold their office for the term of six years from the first day of January next after their election; prov‘ded that the Legisla- HISTORY OF CALIFORNIA. 319 ture shall, at its first meeting, elect a Uhief Justice and two Associate Justices of the Supreme Court, by joint vote of both houses, and so classify them that one shall go out of office every two years. After the first election, the senior Justice in commission shall be the Chief Justice. Sec. 4. The Supreme Court shall have appellate jurisdiction in all cases when the matter in dispute exceeds two hundred dollars, when the legality of any tax, toll, or impost, or municipal fine is in ques- tion: and in all criminal cases amounting to felony, or questions of law alone. And the said court tnd each of the Justices thereof, as well as all district and county judges, shall have power to issue writs of ha- beas corpus, at the instance of any person held in actual custody. They shall also have power to issue all other writs and process necessary to the exercise of the appellate jurisdiction, and shall be conserva- tors of the peace throughout the State. Sec. 5. The State shall be divided by the first Legislature into a convenient number of districts, subject to such alteration from time to time as the public good may require ; for each of which a district judge shall be appointed by the joint vote of the legislature, at its first meeting, who shall hold his office for two years from the first day of January next after his election; after which, said judges shall be elected by the qualified electors of their respective districts, at the general election, and shall hold their office for the term of six years. Sec. 6. The District Courts shall have original jurisdiction, in law and equity, in all civil cases where the amount in dispute exceeds two hundred dollars, exclusive of interest. In all criminal cases not other Ss 320 HISTORY OF CALIFORNIA. wise provided for, and in all issues of fact joined in the probate courts, their jurisdiction shall be unlimited. Sec. 7. The Legislature shall provide for the elec- tion, by the people, of a Clerk of the Supreme Court, and County Clerks, District Attorneys, Sheriffs, Coro- ners, and other necessary officers; and shall fix by law their duties and compensation. County Clerks shall be, ez-officio, Clerks of the District Courts in and for their respective counties. Sec. 8. There shall be elected in each of the or- ganized counties of this State, one County Judge who shall hold his office for four years. He shall hold the County Court, and perform the duties of Surrogate, or Probate Judge. The County Judge, with two Justices of the Peace, to be designated ac- cording to law, shall hold courts of sessions, with such criminal jurisdiction as the Legislature shall pre- scribe, and he shall perform such other duties as shall be required by law. Sec. 9. The County Courts shall have such juris- diction, in cases arising in Justices Courts, and in spe- cial cases, as the Legislature may prescribe, but shall have no original civil jurisdiction, except in such spe- cial cases. Sec. 10. The times and places of holding the terms of the Supreme Court, and the general and spe- cial terms of the District Courts within the several districts, shall be provided for by law. Sec. 11. No judicial officer, except a Justice of the Peace, shall receive to his own use, any fees, or per quisites of office. Sec. 12. The Legislature shall provide for the speedy publication of all statute laws, and of such judicial decisions as it may deem expedient; and all HISTORY OF CALIFORNIA. 321 laws and judicial decisions shall be free for publica tion by any person. Sec. 13. Tribunals for conciliation may be esta- blished, with such powers and duties as may be pre- scribed by law; but such tribunals shall have no power to render judgment to be obligatory on the parties, except they voluntarily submit their matters in difference, and agree to abide the judgment, or assent thereto in the presence of such tribunal, in such cases as shall be prescribed by law. Sec. 14. The Legislature shall determine the num- ber of Justices of the Peace, to be electcd in each county, city, town, and incorporated village of the State, and fix by law their powers, duties, and respon- sibilities. It shall also determine in what cases appeals may be made from Justices’ Courts to the County Court. Sec. 15. The Justices of the Supreme Court, and Judges of the District Court, shall severally, at stated times during their continuance in office, receive for their services a compensation, to be paid out of the treasury, which shall not be increased or diminished during the term for which they shall have been elected. The County Judges shall also severally, at stated times, receive for their services a compensation to be paid out of the county treasury of their respective counties, which shall not be increased or diminished during the term for which they shall have been elected. Sec. 16. The Justices of the Supreme Court and District Judges shall be ineligible to any other office, during the term for which they shall have been elected. Sec. 17. Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law. 322 HISTORY OF CALIFORNIA. Sec. 18. The style of all process shall be “The People of the State of California ;” all the prosecu- tions shall be conducted in the name and by the autho- rity of the same. ARTICLE VII. MILITIA. Ssc. 1. The Legislature shall provide by law, for organizing and disciplining the militia, in such manner as they shall deem expedient, not incompatible with the constitution and laws of the United States. Sec. 2. Officers of the militia shall be elected, or appointed, in such manner as the Legislature shal} from time to time direct; and shall be commissioned by the Governor. Src. 8. The Governor shali have power to call forth the militia, to exeeute the laws of the State, to sup- press insurrections, and repel invasions. ARTICLE VIIL STATE DEBTS. The Legislature shal] not in any manner ereate any debt or debts, liability or habilities, which shall singly, or in the aggregate, with any previous debts or liabili- ties exceed the sum of three hundred thousand dollars, except in case of war, to repel invasion, or suppress insurrection, unless the same shall be authorized by some law for some single object or work, to be distinctly specified therein, which law shall provide ways and means, exclusive of loans, for the payment of the interest of such debt or liability, as it falls due, and also pay and discharge the principal of such debt or HISTORY OF CALIFORNIA. 323 liability within twenty years from the time of tha contracting thereof, and shall be irrepealable until the principal and interest thereon shall be paid and dis- charged ; but no such law shall take effect until, at a general election, it shall have been submitted to the people, and have received a majority of all the votes cast for and against it at such election; and all money raised by authority of such law shall be applied only to the specific object therein stated, or to the payment of the debt thereby created; and such law shall be published in at least one newspaper in each judicial district, if one be published therein, throughout the State, for three months next preceding the election at which it is submitted to the people. ARTICLE IX. EDUCATION. Suc. 1. The Legislature shall provide for the elec- tion, by the people, of a Superintendent of Public Instruction, who shall hold his office for three years, and whose duties shall be prescribed by law, and who shall receive such compensation as the Legislature may direct. Sec. 2. The Legislature shall encourage, by all suit- able means, the promotion of intellectual, scientific, moral and agricultural improvement. The proceeds of all lands that may be granted by the United States to this State for the support of schools, which may be sold or disposed of, and the five hundred thousand acres of land granted to the new States, under an act of Congress distributing the proceeds of the public lands among the several States of the Union, approved A. D. 1841; and all estates of deceased persons whe 324 HISTORY OF CALIFORNIA. may have died without leaving a will, or heir, and also such per cent. as may be granted by Congress on the sale of lands in this State, shall be and remain a perpetual fund, the interest of which, together with all the rents of the unsold lands, and such other means as the Legislature may provide, shall be inviolably appropriated to the support of Common Schools throughout the State. Sec. 3. The Legislazure shall provide for a system of Common Schools, by which a school shall be kept up and supported in each district at least three months in every year: and any school district neglecting to keep up and support such a school, may be deprived of its proportion of the interest of the public fund during such neglect. Sec. 4. The Legislature shall take measures for the protection, improvement, or other disposition of such lands as have been, or may hereafter be, reserved or granted by the United States, or any person or per- sons to this State for the use of a University ; and the funds accruing from the rents or sale of such lands, or from any other source, for the purpose aforesaid, shall be and remain a permanent fund, the interest of which shall be applied to the support of said university, with such branches as the public convenience may demand for the promotion of literature, the arts and sciences, as may be authorized by the terms of such grant. And it shall be the duty of the Legislature, as soon aa may be, to provide effectual means for the improve- ment and permanent security of the funds of said University. HISTORY OF CALIFORNIA. 825 ARTICLE X. MODE OF AMENDING AND REVISING THE CONSTITUTION. Sec. 1. Any amendment or amendments to this Constitution may be proposed in the Senate or Assem- bly; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken thereon, and referred to the Legislature then next to be chosen, and shall be published for three months next preced- ing the time of making such choice. And if, in the Legislature next chosen, as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the Legislature to submit such proposed amendment or amendments to the people, in such manner, and at such time, as the Legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the Legisla- ture voting thereon, such amendment or amendments shall become part of the Constitution. Sec. 2. Andif, at any time, two-thirds of the Senate and Assembly shall think it necessary to revise and change this entire Constitution, they shall recommend to the electors, at the next election for members of the Legislature, to vote for or against the convention ; and if it shall appear that a majority of the electcra voting at such election have voted in favor of calling a convention, the Legislature shall, at its next session, provide by law for calling a convention, to be holden 28 826 HISTORY OF CALIFORNIA. within six months after the passage of such law; and such convention shall consist of a number of members not less than that of both branches of the Legislature. ARTICLE XI MISCELLANEOUS PROVISIONS. Sec. 1. The first session of the Legislature shall ba held at the Pueblo de San Jose, which place shall be the permanent seat of government, until removed by law; provided, however, that two-thirds of all the members elected to each house of the Legislature shall concur in the passage of such law. Src. 2. Any citizen of this State who shall, after the adoption of this Constitution, fight a duel with deadly weapons, or send or accept a challenge to fight a duel with deadly weapons, either within the State or out of it; or who shall act as second, or knowingly aid or assist in any manner those thus offending, shall not be allowed to hold any office of profit, or to enjoy the right of suffrage under this Constitution. Src. 3. Members of the Legislature, and all officers, executive, and judicial, except such inferior officers as may be by law exempted, shall, before they enter on the duties of their respective offices, take and sub- scribe the following cath or affirmation. “JT do solemnly swear (or affirm, as the case may be,) that I will support the Constitution of the United States, and the Constitution of the State of California: and that I will faithfully discharge the duties of the office of , according to the best of my ability.” And no other oath, declaration, or test, shall be required as a qualification for any office or public trust. HISTORY OF CALIFORNIA. 827 Sec. 4, The Legislature shall establish a system of county and town governments, which shall be as nearly uniform as practicable, throughout the State. Sec. 5. The Legislature shall have power to pro- vide for the election of a board of supervisors in each county ; and these supervisors shall, jointly and indi- vidually, perform such duties as may be prescribed by law. Sec. 6. All officers whose election or appointment is not provided for by this constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed as the Legisla- ture may direct. Sec. 7. When the duration of any office is not pro- vided for by this constitution, it may be declared by law; and of not so declared, such office shall be held during the pleasure of the authority making the ap- pointment; nor shall the duration of any office, not fixed by this constitution, ever exceed four years. Sec. 8. The fiscal year shall commence on the first day of July. Sec. 9. Each county, town, city, and incorporated village, shall make provision for the support of its own officers, subject to such restrictions and regula- tions as the Legislature may prescribe. Sec. 10. The credit of the State shall not in any manner be given or loaned to, or in aid of, any indi- vidual, association, or corporation; nor shall the State, directly or indirectly, become a stockholder in any association or corporation. Src. 11. Suits may be brought against the State, in such manner, and in such courts, as shall be directed by law. Src. 12. No contract of marriage, if otherwise S* 828 HISTORY OF CALIFORNIA. duly made, shall be invalidated, for want of confor- mity to the requirements of any religious sect. Sec. 18. Taxation shall be equal and uniform throughout the State. All property, in this State, shall be taxed in proportion to its value, to be ascer- tained as directed by law; but assessors and collectors of town, county, and State taxes, shall be elected by the qualified electors of the district, county, or town, in which the property taxed for State, county, or town purposes is situated. Sec. 14. All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterwards by gift, devise, or descent, shall be her separate property; and laws shall be passed more clearly defining the rights of the wife, in relation as well to her separate property, as to that held in common with her husband. Laws shall also be passed providing for the restoration of the wife’s separate property. Sec. 15. The Legislature shall protect by law, from forced sale, a certain portoin of the homestead and other property of all heads of families. Sec. 16. No perpetuities shall be allowed, except for eleemosynary purposes. Sec. 17. Every person shall be disqualified from holding any office of profit in this State, who shall have been convicted of having given or offered a bribe, to procure his election or appointment. Sec. 18. Laws shall be made to exclude from office, serving on juries, and from the right of suffrage, those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes. The privilege of free suffrage shall be supported by laws regulating elec- tions, and prohibiting, under adequate penalties, all HISTORY OF CALIFORNIA. 399 undue influence thereon, from power, bribery, tumult, or other improper practice. Szc. 19. Absence from this State on business of the State, or of the United States, shall not affect the question or residence of any person. Sec. 20. A plurality of the votes given at any elec- tion shall constitute a choice, where not otherwise directed in this constitution. Sec. 21. All laws, decrees, regulations and provi- sions, which from their nature require publication, shall be published in English and Spanish. ARTICLE XII. BOUNDARY. The boundary of the State of California shall be as follows :— Commencing at the point of intersection of the 42d degree of north latitude with the 120th degree of longitude west from Greenwich, and running south on the line of said 120th degree of west longitude until it intersects the 39th degree of north latitude; thence running in a straight line in a south-easterly direction to the River Colorado, at a point where it intersects the 35th degree of north latitude; thence down the middle of the channel of said river, to the boundary line between the United States and Mexico, as esta- blished by the treaty of May 30th, 1848; thence run- ning west and along said boundary line to the Pacific Ocean, and extending therein three English miles; thence running in a north-westerly direction, and follow- ing the direction of the Pacific coast to the 42d degree of north latitude; thence on the line of said 42d degree of north latitude to the place of beginning. 8380 HISTORY OF CALIFORNIA. Also all the islands, harbors and bays, along and adjacent to the Pacific coast. SCHEDULE. Sec. 1. All rights, prosecutions, claims and con- tracts, as well of individuals as of bodies corporate, and all laws in force at the time of the adoption of this Constitution, and not inconsistent therewith, until altered or repealed by the Legislature, shall continue as if the same had not been adopted. Sec. 2. The Legislature shall provide for the re- moval of all causes which may be pending when this Constitution goes into effect, to courts created by the game. Sec. 3. In order that no inconvenience may result to the public service, from the taking effect of this Constitution, no office shall be superseded thereby, nor the laws relative to the duties of the several officers be changed, until the entering into office of the new officers to be appointed under this Constitution. Sec. 4. The provisions of this Constitution con- cerning the term of residence necessary to enable persons to hold certain offices therein mentioned, shall not be held to apply to officers chosen by the people at the first election, or by the Legislature at its first session. Sec. 5. Every citizen of California, declared a le- gal voter by this Constitution, and every citizen of the United States, a resident of this State on the day of election, shall be entitled to vote at the first general election under this Constitution, and on the question of the adoption thereof. Sec. 6. This Constitution shall be submitted to the people, for their ratification or rejection, at the HISTORY OF CALIFORNIA. 331 general election to be held on Tuesday, the thirteenth day of November naxt. The Executive of the exist- ing government of California is hereby requested to issue a proclamation to the people, directing the Pre- fects of the several districts, or in case of vacancy, the Sub-Prefects, or senior Judge of First Instance, to cause such election to be held, on the day afore- said, in their respective districts. The election shall be conducted in the manner which was prescribed for the election of delegates to this convention, except that the Prefect, Sub-Prefect, or senior Judge of First Instance ordering such election in each district, shall have power to designate any additional number of places for opening the polls, and that, in every place of hold- ing the election, a regular poll-list shall be kept by the judges and inspectors of election. It shall also be the duty of these judges and inspectors of election, on the day aforesaid, to reccive the votes of the electors qualified to vote at such election. Each voter shall express his opinion, by depositing in the ballot-box a ticket, whereon shall be written, or printed “ For the Constitution,” or “Against the Constitution,” or some such words as will distinctly convey the inten- tion of the voter. These Judges and Inspectors shall also receive the votes for the several officers to be voted for at the said election, as herein provided. At the close of the election, the judges and inspec- tors shall carefully count each ballot, and forthwith make duplicate returns thereof to the Prefect, Sub- Prefect, or senior Judge of First Instance, as the case may be, of their respective districts; and said Prefect, Sub-Prefect, or senior Judge of First Instance shall transmit one of the same, by the most safe and rapid conveyance, to the Secretary of State. Upon 332 HISTORY OF CALIFORNIA. the receipt of said returns, or on the tenth day of December next, if the returns be not sooner received, it shall be the duty of a board of canvassers, to con- sist of the Secretary of State, one of the Judges of the Superior Court, the Prefect, Judge of First In- stance, and an Alcalde of the District of Monterey, or any three of the aforementioned officers, in the presence of all who shall choose to attend, to compare the votes given at said election, and to immediately publish an abstract of the same in one or more of the newspapers of California. And the Executive will also, immediately after ascertaining that the Consti- tution has been ratified by the people, make proclama- tion of the fact; and thenceforth this Consitution Shall be ordained and established as the Constitution of California. Sec. 7. If this Constitution shall be ratified by the people of California, the Executive of the existing government is hereby requested, immediately after the same shall be ascertained, in the manner herein directed, to cause a fair copy thereof to be forwarded to the President of the United States, in order that he may lay it before the Congress of the United States. Sec. 8. At the general election aforesaid, viz: the thirteenth day of November next, there shall be elected a Governor, Lieutenant-Governor, mem- bers of the Legislature, and also two members of Congress. Sec. 9. If this constitution shall be ratified by the people of California, the Legislature shall assemble at the seat of government, on the fifteenth day of December next, and in order to complete the organi- zation of that body, the Senate shall elect a Presi- HISTORY OF CALIFORNIA. 333 dent pro tempore, until the Lieutenant-Governor shall be installed into office. Sc. 10. On the organization of the Legislature, it shall be the duty of the Secretary of State, to lay before each house a copy of the abstract made by the board of canvassers, and, if called for, the original returns of election, in order that each house may judge of the correctness of the report of said board of can- vassers. Src. 11. The Legislature, at its first session, shall elect such officers as may be ordered by this Constitu- tion, to be elected by that body, and within four days after its organization, proceed to elect two Senators to the Congress of the United States. But no law passed by this Legislature shall take effect until signed by the Governor, after his installation into office. Sec. 12. The Senators and Representatives to the Congress of the United States, elected by the Le- gislature and people of California, as herein directed, shall be furnished with certified copies of this Consti- tution, when ratified, which they shall lay before the Congress of the United States, requesting, in the name of the people of California, the admission of the State of California into the American Union. Sec. 18. All officers of this State, other than mem- bers of the Legislature, shall be installed into office on the fifteenth day of December next, or as soon thereafter as practicable. Ssc. 14. Until the Legislature shall divide the State into counties, and senatorial and assembly dis- tricts, as directed by this Constitution, the following shall be the apportionment of the two houses of the Legislature, viz: the districts of San Diego and Los Angeles shall jointly elect two senators ; the districtg 334 HISTORY OF CALIFORNIA. of Santa Barbara and San Luis Obispo shall jointly elect one senator; the district of Monterey, one sena- tor; the district of San Jose, one senator; the district of San Francisco, two senators; the district of Sonoma, one senator; the district of Sacramento, four senators; and the district of San Joaquin, four senators :—And the district of San Diego shall elect one member of assembly; the district of Los Angeles, two members of assembly; the district of Santa Bar- bara, two members of assembly; the district of San Luis Obispo, one member of assembly; the district of Monterey, two members of assembly; the district of San Jose, three members of assembly; the district of San Francisco, five members of assembly; the district of Sonoma, two members of assembly ; the district of Sacramento, nine members of assembly ; and the district of San Joaquin, nine members of assembly. Sec. 15. Until the Legislature shall otherwise di- rect, in accordance with the provisions of this Consti- tution, the salary of the Governor shall be ten thousand dollars per annum ; and the salary of the Licutenant- Governor shall be double the pay of a state senator ; and the pay of members of the Legislature shall be sixteen dollars per diem, while in attendance, and sixteen dollars for every twenty miles travel by the usual route from their residences, to the place of hold- ing the session of the Legislature, and in returning therefrom. And the Legislature shall fix the salaries of all officers, other than those elected by the people, at the first election. Sec. 16. The limitation of the powers of the Le- gislature, contained in article 8th of this Constitution, tution, shall not extend to the first Legislature elected HISTORY OF CALIFORNIA. 335 under the same, which is hereby authorized to nego- tiate for such amount as may be necessary to pay the expenses of the State government. R. SEMPLE, President of the Convention and Delegate from Benecia. Wo. G. Marcy, Secretary. J. Aram, C. T. Botts, E. Brown, J. A. Carillo, J. M. Covarrubias, E. 0. Crosby, P. De La Guerra, L. Dent, M. Dominguez, K. H. Dimmick, A. J. Ellis, 5. C. Foster, E. Gilbert, W. M. Gwinn, H. W. Halleck, Julian Hanks, L. W. Hastings, Henry Hill, J. Hobson, J. McH. Hollingsworth, J. D. Hoppe, J. M. Jones, T. O. Larkin. Francis J. Lippitt, B. 8. Lippincott, M. M. McCarver, John McDougal, B. F. Moore, Myron Norton, P. Ord, Miguel Pedrorena, A. M. Pico, R. M. Price, Hugo Reed, Jacinto Rodriguez, Pedro Sansevaine, W. E. Shannon, W. 8. Sherwood, J. R. Snyder, A. Stearns, W. M. Steuart, J. A. Sutter, Henry A. Tefft, 8. L. Vermule, M. G. Vallejo, J. Walker, O. M. Wozencraft, 336 HISTORY OF CALIFORNIA. B. ADDRESS TO THE PEOPLE OF CALIFORNIA, The undersigned, delegates to a convention autho- rized to form a Constitution for the State of California, having, to the best of their ability, discharged the high trust committed to them, respectfully submit the accompanying plan of government for your approval. Acknowledging the great fundamental principles, that all political power is inherent in the people, and that government is instituted for the protection, security and benefit of the people, the Constitution presented for your consideration is intended only to give such organic powers to the several departments of the pro- posed government, as shall be necessary for its efficient administration: and while it is believed no power has been given, which is not thus essentially necessary, the convention deem individual rights, as well as public liberty, are amply secured, by the people still retain- ing not only the great conservative power of free choice and election of all officers, agents, and repre- sentatives, but the unalienable right to alter or reform their government, whenever the public good may require. Although born in different climes, coming from differ- ent States, imbued with local feelings, and educated, perhaps, with predilections for peculiar institutions, laws, and customs, the delegates assembled in conven- tion as Californians, and carried on their deliberations in a spirit of amity, compromise, and mutual conces- sion for the public weal. It cannot be denied that a difference of opinion was entertained in the convention, as to the policy and HISTORY OF CALIFORNIA. 337 expediency of several measures embodied in the Con- stitution ; but looking to the great interests of the State of California, the peace, happiness, and pros- perity of the whole people,—individual opinions were freely surrendered to the will of the majority, and, with one voice, we respectfully but earnestly recom- mend to our fellow citizens the adoption of the Con- stitution which we have the honor to submit. In establishing a boundary for the State, the con- vention conformed, as near as was deemed practicable and expedient, to great natural Jandmarks, so as to bring into a union all those who should be included by mutual interest, mutual wants, and mutual dependence. No portion of territory is included, the inhabitants of which were not or might not have been legitimately represented in the convention, under the authority by which it was convened ; and in unanimously resolving to exclude slavery from the State of California, the great principle has been maintained, that to the people of each State and Territory, alone, belongs the right to establish such municipal regulations, and to decide such questions as affect their own peace, prosperity and happiness. A free people, in the enjoyment of an elective government, capable of securing their civil, religious, and political rights, may rest assured these inestimable privileges can never be wrested from them, so long as they keep a watchful eye on the operations of their government, and hold to strict accountability those to whom power is delegated. No people were ever yet enslaved, who knew and dared maintain the co-relative rights and obligations of free and independent citizens. A knowledge of the laws—their moral force and effi- cacy, thus becomes an essential element of freedom. 338 HISTORY OF CALIFORNIA. and makes public education of primary importance. In this view, the Constitution of California provides for, and guarantees in the most ample manner, the establishment of common schools, seminaries and col- leges, so as to extend the blessings of education throughout the land, and secure its advantages to the present and future generations. Under the peculiar circumstances in which California becomes a State— with an unexampled increase of a population coming from every part of the world, speaking various lan- guages, and imbued with different feelings and preju- dices, no form of government, no system of laws, can be expected to mcet with immediate and unanimous assent. It is to be remembered, moreover, that a con- siderable portion of our fellow-citizens are natives of * Old Spain, Californians, and those who have volun- tarily relinquished the rights of Mexicans to enjoy those of American citizens. Long accustomed to a different form of government, regarding the rights of person and of property as interwoven with ancient usages and time-honored customs, they may not at ence see the advantages of the proposed new govern- ment, or yield an immediate approval of new laws, however salutary their provisions, or conducive to the general welfare. But it is confidently believed, when the government as now proposed shall have gone into successful operation, when each department thereof shall move on harmoniously in its appropriate and respective sphere, when laws, based on the eternal principles of equity and justice, shall be established, when every citizen of California, shall find himself secure in life, liberty, and property—all will unite in the cordial support of institutions, which are not only the pride and boast of every true-hearted citizen of the HISTORY OF CALIFORNIA. 339 Union, but have gone forth, a guiding light to every people groping through the gloom of religious super- stition or political fanaticism—institutions, which even now, while all Europe is agitated with the convulsive efforts of nations battling for liberty, have become the mark and model of government for every people who would hold themselves free, sovereign, and independent. With this brief exposition of the views and opinions of the convention, the undersigned submit the Constitu- tion and plan of government for your approval. They earnestly recommend it to your calm and deliberate consideration, and especially do they most respectfully urge on every voter to attend the polls. The putting into operation of a government which shall establish justice, insure domestic tranquillity, promote the general welfare, and secure the blessings of civil, religious, and political liberty, should be an object of the deepest solicitude to every true-hearted citizen, and the consummation of his dearest wishes. The price of liberty is eternal vigilance, and thus it is not only the privilege but the duty of every voter to vote his sentiments. No freeman of this land who values his birthright, and would transmit unimpaired to his children an inheritance so rich in glory and honor, will refuse to give one day to the service of his country. Let evory qualified voter go early to the polls, and give his free vote at the election ap- pointed to be held on Tuesday, the 13th day of Novem- ber next, not only that a full and fair expression of the public voice may be had, for or against a constitu- tion intended to secure the peace, happiness and prosperity of the whole people, but that their numeri- cal and political strength may be made manifest, and the world see by what majovity of freemen California, 840 HISTORY OF CALIFORNIA. the bright star of the West, claims a place in the liadem of that glorious republic, formed by the Union of thirty-one sovereign States. (Signed) Joseph Aram, Chas. T. Botts, Elam Brown, Jose Anto. Carillo, Jose M. Covarrubias, Elisha O. Crosby, Lewis Dent, Manuel Dominguez, K. H. Dimmick, A. J. Ellis, Stephen G. Foster, Pablo De La Guerra, Benj. 8. Lippincott, M. M. McCarver, John McDougal, Benj. F. Moore, Myron Norton, P. Ord, Miguel De Pedrorena, Rodman M. Price, Antonio M. Pico, Jacinto Rodrigues, Hugh Reed, John A Sutter, Edw. Gilbert, Wn. M. Gwin, Julian Hanks, Henry Hill, J. D. Hoppe, Joseph Hobson, H. W. Halleck, L. W. Hastings, J. McH. Hollingsworth, Jas. McHall Jones, Thomas O. Larkin, Francis J. Lippitt, Jacob R. Snyder, W. Scott Sherwood, Wm. C. Shannon, Pedro Sansevain, Abel Stearns, W. M. Steuart, R. Semple, Henry A Tefft, M. G. Vallejo, Thos. L. Vermule, Joel P. Walker, O. M. Wozencraft. HISTORY OF CALIFORNIA. 341 MESSAGE FROM THE PRESIDENT OF THE UNITED STATES, Transmitting information in answer to a resolution of the House of the 31st of December, 1849, on the subject of California and New Mexico. To tHE House oF REPRESENTATIVES OF THE Unitep Srares.—I transmit to the House of Repre- sentatives, in answer to a resolution of that body passed on the 31st of December last, the accompany- ing reports of heads of departments, which contain all the official information in the possession of the Executive asked for by the resolution. On coming into office, I found the military com- mandant of the department of California exercising the functions of civil governor in that Territory; and left, as I was, to act under the treaty of Guada- lupe Hidalgo, without the aid of any legislative pro- vision establishing a government in that Territory, I thought it not best to disturb that arrangement, made under my predecessor, until Congress should take some action on that subject. I therefore did not interfere with the powers of the military commandant, who continued to exercise the functions of civil governor as before; but I made no such appointment, ‘conferred no such authority, and have allowed no increased compensation to the commandant for his services. With a view to the faithful execution of the treaty, so far as Jay in the power of the Executive, and tu enable Congress to act, at the present session, with ag 24 842 HISTORY OF CALIFORNIA full knowledge and as little difficulty as possible, on all matters of interest in these Territories, I sent the honorable Thomas Butler King as bearer of despatches to California, and certain officers to California and New Mexico, whose duties are particularly defined in the accompanying letters of instruction addressed to them severally by the proper departments. I did not hesitate to express to the people of those Territories my desire that each Territory should, if prepared to comply with the requisitions of the Consti- tution of the United States, form a plan of a State Constitution and submit the same to Congress, with a prayer for admission into the Union asa State; but I did not anticipate, suggest, or authorize the establish- ment of any such government without the assent of Congress; nor did I authorize any government agent or officer to interfere with or exercise any influence or control over the election of delegates, or over any convention, in making or modifying their domestic institutions, or any of the provisions of their proposed Constitution. On the contrary, the instructions given by my orders were, that all measures of domestic policy adopted by the people of California must originate solely with themselves; that while the Exe- cutive of the United States was desirous to protect them in the formation of any government republican in its character, to be at the proper time, submitted to Congress, yet it was to be distinctly understood that the plan of such a government must, at the same time, be the result of their own deliberate choice, and originate with themselves, without the interference of the Executive. I am unable to give any information as to laws passed by any supposed government in California, or MONTEREY. HISTORY OF CALIFORNIA. 343 of any census taken in either of the Territories men- tioned in the resolution, as I have no information on those subjects. As already stated, I have not disturbed the ar- rangements which I found had existed under my predecessor. In advising an early application by the people of these Territories for admission as States, I was actu- ated principally by an earnest desire to afford to the wisdom and patriotism of Congress the opportunity of avoiding occasions of bitter and angry dissensions among the people of the United States. Under the Constitution, every State has the right of establishing, and, from time to time, altering its municipal laws and domestic institutions, independent- ly of every other State and of the general govern- ment; subject only to the prohibitions and guarantics expressly set forth in the Constitution of the United States. The subjects thus left exclusively to the respective States were not designed or expected to become topics of national] agitation. Still, as, under the Constitution, Congress has power to make all needful rules and regulations respecting the Territories of the United States, every new acquisition of terri- tory has led to discussions on the question whether the system of involuntary servitude which prevails in many of the States should or should not be prohibited in that Territory. The periods of excitement from this cause which have heretofore occurred have been safely passed ; but during the interval, of whatever length, which may elapse before the admission of the Territories ceded by Mexico as States, it appears probable that similar excitement will prevail to an undue extent. S44 HISTORY OF CALIFORNIA. Under these circumstances, I thought, and still think, that it was my duty to endeavor to put it in the power of Congress, by the admission of California and New Mexico as States, to remove all occasion for the unnecessary agitation of the public mind. It is understood that the people of the western part of California have formed a plan of a State Constitu- tion, and will soon submit the same to the judgment of Congress, and apply for admission as a State. This course on their part, though in accordance with, was not adopted exclusively in consequence of, any expression of my wishes inasmuch as measures tending to this end had been promoted by the officers sent there by my predecessor, and were already in active progress of execution before any communica- tion from me reached California. If the proposed Constitution shall, when submitted to Congress, be found to be in compliance with the requisitions of the Constitution of the United States, I earnestly recom- mend that it may receive the sanction of Congress. The part of California not included in the proposed State of that name is believed to be untnhabited, ex- cept in a settlement of our countrymen in the vicinity of Salt Lake. A claim has been advanced by the State of Texas to a very large portion of the most populous district of New Mexico. If the people of New Mexico had formed a plan of a State government for that Terri- tory as ceded by the treaty of Guadalupe Hidalgo, and had been admitted by Congress as a State, our Constitution would have afforded the means of obtain- ing an adjustment of the question of boundary with Texas by a judicial decision. At present, however, no judicial tribunal has the power of deciding that HISTORY OF CALIFORNIA. 845 question, and it remains for Congress to devise some mode for its adjustment. Meanwhile, I submit to Con- gress the question whether it would be expedient, before such adjustment, to establish a territorial government, which, by including the district so claimed, would practically decide the question ad- versely to the State of Texas, or, by excluding it, would decide it in her favor. In my opinion, such a course would not be expedient, especially as the peo- ple of this Territory still enjoy the benefit and pro- tection of their municipal laws, originally derived from Mexico, and have a military force stationed there to protect them against the Indians. It is un- doubtedly true that the property, lives, liberties, and religion of the people of New Mexico are better pro- tected than they ever were before the treaty of cession, Should Congress, when California shall present her- self for incorporation into the Union, annex a condi- tion to her admission as a State affecting her domes- tic institutions, contrary to the wishes of her people, and even compel her temporarily, to comply with it, yet the State, could change her Constitution at any time after admission, when to her it should seem expedient. Any attempt to deny to the people of the State the right of self-government, in a matter which peculiarly affects themselves, will infallibly be re- garded by them as an invasion of their rights; and, upon the principles laid down in our own Declaration of Independence, they will certainly be sustained by the z.eat mass of the American people. To assert that they are a conquered people, and must, as a State, submit to the will of their conquerors in this regard, will meet with no cordial response among Amer‘can freemen. Great numbers of them are na 346 HISTORY OF CALIFORNIA. tive ‘itizens of the United States not inferior to the rest. Cf our countrymen in intelligence and patriotism ; and no language of menace, to restrain them in the exercise of an undoubted right, guarantied to them by tne treaty of cession itself, shall ever be uttered by we, or encouraged and sustained by persons acting under my authority. It is to be expected that, in the residue of the Territory ceded to us by Mexico, the people residing there will, at the time of their incor- poration into the Union as a State, settle all questions of domestic policy to suit themselves. No material inconvenience will result from the want, for a short period, of a government established by Congress over that part of the Territory which lies eastward of the new State of California; and the reasons for my opinion that New Mexico will, at no very distant pe- riod, ask for admission into the Union, are founded on un-official information, which, I suppose, is common to all who have cared to make inquiries on that subject. Seeing, then, that the question which now excites such painful sensations in the country will, in the end, certainly be settled by the silent effect of causes inde- pendent of the action of Congress, I again submit to your wisdom the policy recommended in my annual message, of awaiting the salutary operation of those causes, believing that we shall thus avoid the creation of geographical parties, and secure the harmony of feeling so necessary to the beneficial action of our political system. Connected as the Union is with the remembrance of past happiness, the sense of present blessings, and the hope of future peace and prosperity, every dictate of wisdom, every feeling of duty, and every emotion of patriotism, tend to inspire fidelity and devotion to it, and admonish us cautiously to avoid HISTORY OF CALIFORNIA. 347 any unnecessary controversy which can either en- danger it or impair its strength, the chief element of which is to be found in the regard and affection of tha people for each other. Z. TAYLOR. Wasuineton City, D. C., January 21st, 1850. D. EXECUTIVE DEPARTMENT OF CALIFORNIA, Monterey, August 30, 1849. GENERAL :—I have the honor to transmit, herewith, copies of civil papers and letters issued by me since my despatch of June 80, and to continue my report on the civil affairs of this country from this date. Accompanied by Captain Halleck, Secretary of State for California, and Major Canby, Captain Wes cott, and Lieutenant Derby, of my military staff, I left this place on the 5th July for the purpose of in- specting the military posts in the interior, and of learning from personal observation the actual state of affairs in the mineral regions, and also of allaying, so far as I could, the hostile feeling which was said to exist between the Americans and foreigners who were working in the gold placers. My report on the state of the troops and a more detailed account of my tour will be forwarded with my military papers. Passing the mission of San Juan Bautista, we srossed the coast range of mountains near the ranche of Senor Pacheco, and struck the San Joaquin River near the mouth of the Merced; and, after visiting Major Miller’s camp on the Stanislaus, we proceeded to examine the principal placers on the tributaries of 348 HISTORY OF CALIFORNIA. that river and of the Tuolumne. These washings or diggings have been among the richest and most pro- ductive in California. They are situated within a circuit of some twelve or fifteen miles, and are known as Jamestown, Wood’s Creek, Sonoranian Camp, Sullivan’s Creek, Curtis’s Creek, French Creek, Carson’s Creek, and Angelo Creek. Some of these have become places of consi- derable business, particularly the Sonoranian Camp, which presents the appearance of a city of canvas houses, Passing the Stanislaus River in the mountains, we proceeded to Major Kingsbury’s camp near the mouth of the American River, crossing in our route the Calaveras, Moquelume, Seco, and Cosumnes Rivers; all of which kave rich washings near their sources, and on their bars and islands. From Major Kings. bury’s camp we ascended the American River to Cul- lamo Hills, where the first placer was discovered by Captain Sutter’s employees in the spring of 1848. From Cullamo we crossed the country to Stockton, a new town on an estero some distance above the mouth of the San Joaquin, and thence proceeded to Colonel Cazey’s camp at the straits of Carquinnes; returning via San Francisco to Monterey, which place we reached on the afternoon of the 9th instant. We found the country at this season dry and parched by the sun, the heat of which became very great the moment we crossed the coast range of moun- tains. The thermometer ranges as high as 113° Fah. in the shade, and above 140° Fah. in the sun. A great portion of the valley of the Joaquin is so barren as scarcely to afford subsistence for our animals, and can never be of much value for agricultural purposes. There, however, is, some excellent land on the east HISTORY OF CALIFORNIA. 349 side of that .iver, bordering its large tributaries. A considerable portion of the valleys of the Moquelume, Seco, Cosumnes, and American Rivers is also well adapted to agriculture; and the broad plains lying between them furnish abundant pasture for raising stock. But the amount of good arable land, as com- pared with the extent of country which we passed over, is small, and I am inclined to believe that the richness and extreme fertility of certain localities have led to erroneous conclusions respecting the general character of the country. Certain it is, that while there may be found sufficient arable lands to support, if well cultivated, a numerous population, here is also a very great extent of rough and moun- tainous country and sandy and barren plains which are of little value. The great difficulty to be en- countered in agricultural pursuits in some portions of California is the want of water for irrigation; but possibly this difficulty may be overcome in part by resorting to artesian wells. If so, much of the public land which is now unsaleable may be brought into market, and the settlement of the country greatly ac- celerated. I would, therefore, suggest whether it may not be advisable for our government to direct some experiments to be made at the public expense in sinking wells of this character, for even if unsuccess- ful as a means of irrigation, their construction will greatly assist in determining the geological character of the country. At present nearly all agricultural labors are suspended in the general scramble for gold; but the enormous prices paid for fruit and vegetables in the towns will undoubtedly induce many, during the coming year, to turn their attention to the cultiva- tion of the soil. The failure on the part of Congress, 350 HISTORY OF CALIFORNIA. at its last session, to authorize the sale of public lands in California, has proved detrimental to the agricul- tural interest of the country. A large number of those who have recently emi- grated to California are desirous to locate themselves permanently in the country, and to cultivate the soil, but the uncertainty which exists with respect to the validity of land titles in California, and to what actu- ally constitutes the public domain, serves as a serious check to the forming of new agricultural settlements ; moreover, speculators are purchasing up fraudulent and invalid titles to large tracts of the public domain, and selling them off in parcels, and at enormous profits, to those who have recently arrived in the country, and who are necessarily ignorant of the real state of the case. All the mission lands in California were secu- larized, or made government property, by a law of Mexico, dated August 17th, 1833, and the territorial government of California, under the authority of the Mexican laws, leased and sold a portion of these lands and mission property. Another portion of this pro- perty, however, still remained unsold when the Ameri- cans took possession of the country, and it has since been left in the hands of government agents for pre- servation. Erroneously supposing that these lands are subject to pre-emption laws, some of the recent emi- grants have attempted to settle upon them. But I cannot deem myself justifiable in permitting this, for I do not conceive that lands which have been under cultivation for half a century, and now belong to government, can be subject to the pre-emption claims of private individuals, in the same manner as the uncultivated lands of the public domain. It is, however, important for the interest of the country that HISTORY OF CALIFORNIA. 851 these mission lands be brought into market with the least possible delay, and also that provision be made by law for the settlement and sale of other public lands in California. And as disputes are almost daily occur- ring between individuals respecting the extent of their several claims, and the validity of their titles, 1 would urge upon our government the necessity of immediately taking measures for the speedy and final settlement of these titles upon principles of equity and justice. This is absolutely essential for the peace and prosperity of the country. For information connected with this subject, I beg leave to call attention to the report of Captain Hal- leck, Secretary of State for California, which was forwarded to Washington by my predecessor, in thc early part of April last. Before leaving Monterey I heard numerous rumors of irregularities and crimes among those working in the placers ; but, on visiting the mining regions, I was agreeably surprised to learn that every thing was quite the reverse from what had been represented, and that order and regularity were preserved through- out almost the entire extent of the mineral districts. In each little settlement, or tented town, the miners have elected their local alealdes and constables, whose judicial decisions and official acts are sustained by the people, and enforced with much regularity and energy. It is true, that in a few instances certain local ques- tions have produced temporary excitements and diffi- culties, but none of these have been of a very important character, or led to serious results. Alcaldes have probably in some cases, and under peculiar circum- stances, exercised judicial powers which were never conferred upon them by law; but the general result L* 30 352 HISTORY OF CALIFORNIA. has been favorable to the preservation of order and the dispensation of justice. The old placers are still exceedingly productive, and new ones are almost daily discovered in the smaller streams running from the western slope of the Sierra Nevada into the great valleys of the Sacramento and San Joaquin Rivers. I am satisfied, however, from personal observation, that very exaggerated accounts have been sent to the United States respecting the ease with which the precious metal is extracted from the earth, and that many who come to this country with the expectation of acquiring sudden wealth, with little or no labor, will be sadly disappointed. It is true that the reward of labor in the mines is very high ; but it should not be forgotten that gold digging and gold washing in that climate require strong constitutions and great physical exertions, and very few need expect to acquire for- tunes by working the placers, without severe labor and fixed habits of industry and temperance. The yield of different localities is, of course, very different, some of the placers being exceedingly rich, while the product of others is scarcely sufficient to pay the expenses of working. But Ithink the general averages per diem, for those actually employed in washing for gold, will not vary much from an ounce or an ounce and a half per man; some make much more than that sum, while those who are less fortunate fall much short of it. The actual number of persons working the placers will not vary much from ten thousand. The entire population now in the mining district is much greater than that number; but many are engaged in mercantile pursuits and in transporting goods and provisions, while others employ much of their time in HISTORY OF CALIFORNIA. 853 “prospecting,” or looking for newer and richer locali- ties. IT also found that the reports which had reached me of hostilities between Americans and foreigners, in the mining districts, were greatly exaggcrated, and that, with a few individual exceptions, every thing hac remained quiet and orderly. In some of the northern placers a party of Americans and Europeans, urged on by political aspirants, who seem willing to endanger the peace and tranquillity of the country, in order to promote their own personal interest, have assumed the authority to order all Mexicans and South Americans from that part of the territory. Their orders were quietly submitted to by the foreigners, a portion of whom removed to the mines further south, where the American population manifested a very decided dispo- sition to afford them protection should they be further molested. The more intelligent and thinking portion of Americans regard this measure as illegal and inju- dicious, and will discountenance any repetition of movements so well calculated to disturb the public tranquillity, and to create bitter and exasperated feel- ings, where it is evidently our policy to cultivate those of the most friendly character. Some of the English, Trish, and German emigrants, in the northern placers, assisted in this movement against the Mexicans, Peru- vians, and Chilians, and probably exerted themselves much more than any of our own citizens to create a prejudice and excitement against the Spanish race. They were probably actuated by pecuniary interest. The great influx of people from the southern portion of this continent was diminishing the price of labor in the towns near the northern rivers, and the large number of pack animals brought from Lower Califor. 854 HISTORY OF CALIFORNIA. nia and Sonora was producing a corresponding reduc. tion in the expenses of transportation. For example, the price of a pack mule in some parts of the mining districts a few months ago was about $500, whereas they can now be purchased for less than $150. The cost of transportation from the principal landing on the San Joaquin River to the Sonoranian camp was $75 per hundred, whereas at the present time it is only about $7. This has reduced the prices of provisions in the placers one and two hundred per cent. Some of the merchants who had large stocks of goods in the mines, and those who were engaged in transportation at the prices formerly paid, have suffered by the change, and it is natural that they should feel incensed against that class of foreigners who have contributed most to effect it. But it is thought by others that the great majority af the laborers and consumers in the mining districts have been benefited by this change, and that it would be injurious to the prosperity of the country to restore things to their former state by the expulsion and pro- hibition of foreigners from the mines. Americans, by their superior intelligence and shrewdness in business, generally contrive to turn to their own benefit the earnings of the Mexicans, Chilians, and Peruvians in this country, and any measure of exclusiveness which is calculated to diminish the productive labor of California would be of exceed- ingly doubtful policy. When applied to by the different parties for my opinion on the question of expelling foreigners, I have uniformly told them that no persons, native Americans or foreigners, have any legal right to dig gold in tha HISTORY Of CALIFORNIA. 855 public lands ; but that, until the government of the United States should act in the matter, they would not be molested in their pursuits; that I could not countenance any class of men in their attempts to monopolize the working of the mines, and that all questions touching the temporary right of individuals to work in particular localities, of which they were in actual possession, should be left to the decision of the local judicial authorities. I cannot close my remarks on this subject without again calling the attention of government to the importance of establishing a mint in California at the earliest moment. This measure is called for by every consideration of natural policy and of justice to the mercantile mining population of California. General Kearny, during his administration of affairs in this country, appointed, by virtue of his authority as governor of California, two sub-Indian agents, who have ever since been continued in office, and their services found of great utility in preserving harmony among the wild tribes, and in regulating their inter- course with the whites. They have been paid from the “civil fund” very moderate salaries, which will be continued until arri- vals of agents regularly appointed by the general government. Notwithstanding every effort on the part of those agents and of the officers of the army here, it has not been possible at all times to prevent aggression on the part of the whites, or to restrain the Indians from avenging these injuries in their own way. In the month of April last, the agent in the Sacra- mento valley reported that a body of Oregonians and 356 HISTORY OF CALIFORNIA. mountaineers had committed most horrible barbaritieg on the defenceless Indians in that vicinity. Those cruel and inhuman proceedings, added, per- haps, to the execution of a number of chicfs some year and a half since by a military force sent into the San Joaquin valley by my predecessor, (the facts of which were reported to Washington at the time,) have neces- sarily produced a hostile feeling on the part of the natives, and several small parties of whites, who, in their pursuit of gold, ventured too far into the Indian country, have been killed. My correspondence with the Indian agents and military officers established in the Sacramento and San Joaquin valleys will inform you of the measures taken to prevent a repetition of these difficulties. I would respectfully recommend that at least three sub-Indian agents be appointed for this country, and stationed in the valleys of the Sacramento and San Joaquin. These agents should receive ample pay in order to enable them to defray the expenses of living in that part of the country, and should be men of the highest moral character; for otherwise they would not resist the temptation to engage in illicit trade with the natives, or to employ them for the individual benefit of the agents in washing for gold. The election called by me for the 1st instant was held on that day, and has been attended with the most happy results. Every district has elected its local officers, and appointed delegates to meet in general convention at this place on the Ist proximo, to form a State Con- stitution or plan of territorial government, which will be submitted to the people for their ratification, and HISTORY OF CALIFORNIA. 357 transmitted to Washington for the action of Con- gress. Most of the local and judicial officers named in my proclamation of the 3d of June, have already entered upon their duties, and the interest which was taken by the people in every part of the country in this election, and the zeal manifested by those elected and appointed to office, afford strong hopes that the exist- ing government will be able to preserve order and secure the administration of justice until a new one shall be put into regular and successful operation. In my former despatch I mentioned that the civil officers of the existing government would be paid their regular salaries from the “civil funds,” which had been formed, under the direction of the governor of California, mainly out of the proceeds of the temporary custom-houses established by my predecessors on this coast. It will also be necessary to use a portion of this fund in the immediate construction of jails for the security of civil prisoners. The want of such jails has already led to the most serious inconveniencies; prisoners have so frequently effected their escape, that, on several occasions, the people have risen in masses and executed criminals immediately after trial, and without waiting for the due fulfilment of all the requisitions of the laws. In many cases it has been found necessary to confine civil prisoners on board vessels of war, and in the guard-houses of the garrison; but in towns, at a dis- tance from the coast and the military posts, the diffi- culty of retaining prisoners in custody has led, in some instances, to immediate and summary executions. This evil calls for an immediate remedy, which wil) 25 358 HISTORY OF CALIFORNIA. be afforded, so far as the means at my lLisposal will adinit. I beg leave, in this place, to add a few remarks on the use which has been, and will continue to be, made of this “civil fund.” In the instructions from Washington to Gencral Kearny, in 1846, for his guidance in California, the establishment of port regulations on this coast was assigned to the commander of the Paczfie squadron, while it was said “the appointment of temporary col- lectors at the several ports appertains to the civil governor of the province.” It was also directed that the duties at the custum- houses be used for the support of the necessary officers of the civil government. This division of duties, and this disposition of the proceeds of the customs were continued during the whole war. On the receipt of the Treasury Department regu- lations respecting the collection of military contri- butions in Mexico, officers of the army and navy were made collectors at some of the ports, but at others the civil collectors appointed by the Governor of California were retained. At the close of the war, Governor Mason, for rea- sons already communicated, determined to continue the collection of revenue in the country, on the au- thority which had previously been given to him, until Congress should act in the matter, or orders to the contrary be received from Washington. He, there- fore, as governor of California, again appointed civil collectors in the ports where railitary officers had tem- porarily performed those duties, and collected the customs on all foreign goods, in accordance with the provisions of the tariff of 1846, while the commander HISTORY OF CALIFuRNIA. 859 of the Pacific squadron contmued the direction of all matters relating to port regulations. A double necessity impelled the governor to this course. The country was in pressing need of these foreign goods, and Congress had established no port of entry on thig coast. The want of a more complete organization of the existing civil government was daily increasing, and, as Congress had made no provisions for supporting a government in this country, it was absolutely necessary to create a fund for that purpose from the duties col- lected on these foreign goods. It is true that there were no laws authorizing the collection of these luties; but at the same time the laws forbade the landing of the goods till the duties were paid. Gov- ernor Mason, therefore, had no alternative but to ‘pursue the course which he adopted. He immediately communicated to Washington his action in the case; and as the receipt of his despatch was acknowledged without any dissent being expressed, it must be pre- sumed that his course met the approbation of the government. When I assumed command in this country as civil governor, I was directed to receive these communications and instructions from Governor Mason, for my guidance in the administration of the civil affairs of this Territory. I have accordingly continued the collection of the revenue, and added the proceeds to the “civil fund,” using that fund for the necessary expenses of the civil government. The expenses of employing civil officers in this country are very great; and asI have no authority to lay taxes, this fund forms my only means of carrying on the government. The necessity of employing these officers, and of paying them the full salaries authorized by law under the existing state of affairs, is too ob- 064 HISTORY OF CALIFORNIA. vious to require comment. I have pledged myself te pay these salaries from the ‘civil fund,” unless for- bidden to do so by direct orders from Washington ; and that pledge will be fulfilled. This “civil fund” was commenced in the early part of 1847, and has been formed and used in the manner pointed out in the carly instructions to the governor of the Terri- tory. This money has been collected and disbursed by the “Governor of California’ and by those ap- pointed by him in virtue of his office. He is, there- fore, the person responsible for this money, both to the government and to the parties from whom it is collected, and it can be expended only on his orders. None of the military departments of the army, nor any army officer simply in virtue of his commission, can have any control, direct or indirect, over it. It is true that some of this money has, from time to time, as the wants of the service required, been transferred to the different military departments; but this transfer was in the form of a loan, and the money so trans- ferred will be returned to the “civil fund” as soon as arrangements can be made for that purpose. The in- creased expenditures for the support of the existing government will soon render the restoration absolutely necessary ; especially as the transfer of the custom- houses to the regular collectors appointed by the general government, will now cut off all further means of supplying the civil treasury. These collectors have not yet arrived, but are daily expected. Very respectfully, your obedient servant, BENNET RILEY, Brevet Brig. Gen. U. S. Army, and Governor of California. Major-General R. Jones, Adjutant-General of the Army, Washington, D. ©. HISTORY GF CALIFORNIA. 361 The following official despatch of General Persifor F, Smith, contains an opinion of the position of San Francisco totally different from that of the numerous California tourists. It is a valuable opinion, never- theless, and led to the selection of the town of Benicia, _ on the Straits of Karquinez, as a military and naval station. Heapquarters THIRD Division, San Francisco, April 5, 1849. GENERAL:—Since my last communication no troops have arrived to change the strength of the force here; but the steam transport Edith arrived on the 21st of March, and reports that the transports Iowa and Massachusetts, the former having General Riley with a part of the 2d infantry, and the latter having the command of artillery for Oregon on board, left Val- paraiso about the 8th of February. The former is expected here every day, and the Edith is held in readiness to convey the troops south to the position they are to occupy. There will be great difficulty in establishing and maintaining a post at the mouth of the Gila, until more knowledge is acquired of the naviga- tion of the head of the gulf of California and the lower part of the Colorado. Transportation by land from San Diego is impossible for large quantities of stores. In the gulf, the winds blow in the winter almost invariably from the northward; and in the summer, when they come occasionally from southward, it is in violent gales, with severe squalls and thun- der, rendering it very dangerous to be in the gulf then. In other words, it is always difficult to 362 HISTURY OF CALIFORNIA. run up the gulf, but almost always easy to run south. These circumstances render the employment of steam vessels very advantageous. If the navigation of the gulf permits the Edith to be used she will answer, having both sails and steam. If sne draws too much water, others of lighter draught could be procured. I mention this now, as the boundary commission will commence their labors on this end of the line, and will be on the Gila next season. I should have ob- served that the Colorado is supposed to be navigable only for boats drawing three or four feet. I see no reason for posting troops on any other point out of rcach of the ports on the Pacific. The Indians in the interior do not make it necessary, and it would be useless to place them near the mines to maintain order there. Nothing but the establishment of a regular civil government, to be carried on by those most interested in the existence of good order, will answer that end. Such detachments as go to the southern part of the Territory will accordingly be placed, as heretofore mentioned, in healthy and convenient positions, and those on this bay at such points as will combine good climate, convenience of supply, and facility of move- ment. I propose, when such a point is found, to have removed all the public stores there, both from this place and Monterey, leaving the heavy ordnance and stores. The town of San Francisco is no way fitted for military or commercial purposes; there is no harbor, a bad landing-place, bad water, no supplies of pro- visions, an inclement climate, and it is cut off from the rest of the country, except by a long circuit around the southern extremity of the bay. In time HISTORY OF CALIFORNIA. 363 of war, enemies’ troops could be landed for many miles south of the entrance of the bay on the sea beach, and thus cut it off by a short line across the peninsula on which it stands. There are points on the bay, more inland, having good harbors and land- ings, good water, and open to the whole country in rear, and accessible without difficulty to ships of the largest class. One of these should be the point at which the future depots should be established; and I propose to go to-morrow in the Edith, in company with Commodore Jones and other officers of the army and navy, to examine tbe straits of Karquinez, said to combine most advantages. I hope to return and report the result of our examination before the next mail boat leaves, (on Monday, 9th,) but at any rate by the succeeding boat, a few days afterwards. I hope that in fixing the port of entry, capital, or other public places, the law will leave to the President the selection; otherwise, private interests already involved in speculation here, will, by misrepresenta- tion, lead to a very bad choice. If Congress has not provided by law for the govern- ment of this Territory, or its admission as a State, I would be very glad that the government would official- ly promulgate its views as to the civil authority now exercised here. Some important questions of law, involving both life and property, are now depending ; and judges and jurors, without experience in these difficult questions, are called upon to act under great responsibility. It appears to be the opinion of merchants in many of the ports of the Pacific—and they allege in sup- port of it the advice of some of our consuls—that in virtue of the circular of the Secretary of the Treasury bot MISTORY OF CALIFOnNIA. of October 30, as the Treasury Department could not collect duties on imports in California, their goods, though dutiable, could be imported without paying duty. I have held that this was not the construction proper to be given to the circular, but only that the law had not provided the means of collecting duties here, that law being still in force which prohibits cer- tain goods being introduced into the United States, unless they pay duties as prescribed; that conse- quently no dutiable goods can be landed in California unless they shall have paid their duties elsewhere—the effect of which would be, that they could not be ad- mitted at all from foreign ports. Under the circumstances, which showed a very hard case, I thought it proper that the parties should be allowed to deposit the amount of duties and land the goods; but, lest this should be construed as giving them a right for the future, and as the president may think proper to put an end to this indulgence, I have addressed a circular to all our consuls on these seas, warning them of this possibility—a copy of which is inclosed. I was directed, when coming here, by the Secretary of War, to do all I could to facilitate the arrival of the civil officers of government in Oregon, as the public service required their presence there. The steamer in which we came here could go no farther north, and there was no possible way of those gentle- men getting there, except on a small vessel about sail- ing, on which there were no accommodations. Commodore Jones kindly sent carpenters from the fleet to put up some berths, and on General Adair’s (the collector’s) representation, that no bedding vould be procured, I directed the quartermaster to issue him HISTORY OF CALIFORNIA. 365 the necessary number of blankets for the voyage, and take his receipt for them. I respectfully ask that this may be approved, and the amount charged to General Adair. The quartermaster could not tell him the price of the blankets when he took them. As the rainy season has ended, people are again repairing to the mines. New discoveries farther south are said to have been made; and it is now pretty certain that the whole slope of the Sierra Ne- vada, comprised within the head waters of the San Joaquin to the south and those of the Sacramento to the north, contains gold. These two rivers, forming, as it were, a bracket, join to enter the bay of San Francisco; and their tributaries from the east, in their beds, expose the deposits of gold as they descend from the mountains. It is on the banks and branches of these streams that adventurers are now at work ; but some excavations elsewhere, to a depth equal to that worn by the creeks, have disclosed quantities simi- lar to those most gencrally found. There appears to be a line parallel to the summit of the main ridge, and some distance down the slope, at which the pro- duct of gold is at its maximum; but whether this be from the quantity deposited, or from the different position as relates to the surface, or from the diffi- culty of working it, I have not the means of knowing The gold is found in small particles: the largest I have scen, but such are rare, weighs seventy-one ounces troy. The appearance invariably is as though it had been spurted up when melted through crevices and fissures in drops, which have often the form of the leaves and gravel on which they have fallen. I speak of this ag an appearance, not as a theory or hypothesis. The extent ascertained within which gold is thus found is 366 HISTORY OF CALIFORNIA. at least four hundred miles long by forty wide; in ale most every part of which, where the surface is de- pressed by the beds of rivers, gold has been obtained without digging more than ten feet below the surface, and very seldom that much. It is impossible to furnish any grounds for estima- ting the number -f people engaged in mining, or the amount they have produced. Persons engaged in trading with the miners say they amount to about ten thousand, but I cannot say with what reason. They can better judge of the amount produced, which the lowest estimate places at $4,000,000. More than three thousand persons have been added to the miners up to this time,—chiefly from Mexico and South America. When the mines were first discovered, all the ports of South America on the Pacific, and of the Sand- wich islands, sent the merchandise eolleeted and stored there to be sold here. They realized enormous profits, before any competition from our eastern States could meet them ; and these goods were generally owned by European houses, who thus became possessed of the first fruits of the mines, which were shipped to Eu- rope on their account; and it is thus that s0 little gold has reached the United States. When the merchandise now on its way from our At- Yantic States arrives, and is sold, the current will set that way; but the profits will be much diminished by competition, and still more by the enormous expenses here for Jabor, storage, &e. These are almost incredi- ble; the ordinary wages for the poorest laborer is $6 per day; many receive $10. The extent and richness of the gold region have not been exaggerated; and the exorbitant prices raid HISTORY OF CALIFORNIA. 867 for labor, rent, and subsistence, have hardly been fully set forth. But all the estimates of the amount actual’y produced are but mere suppositions, which may surpass or may fall short of the truth. I have already directed that the men to whom their commanding officers may give short leaves of absence may be employed by the quartermasters at the usual rates here. This will be an encouragement to the men and an advantage to the public service, as labor ishard to get. But I doubt the propriety of yielding to the current of gold-seeking, and allowing large bodies of the men to go to the mines. It may be permitted to reward good conduct, as any other indul- gence is; but to make it general, would be either to acknowledge the right of the men to modify their obligations as they please, or to confess our inability to enforce their fulfilment. For the sake of principle and preciseness, it would be better to adhere to what is right now, though the effect here in this particular instance would be the desertion of the men. J am, with respect, your obedient servant, PERSIFOR F. SMITH, Brevet Major-General, commanding 3d Division. Brigadier-General R. Jonzs, Adjutant-General, U 31 368 HISTORY OF CALIFORNIA. APPENDIX F. The following despatch contains instructions to Gen- eral Kearny concerning the conquest of California, contained in a despatch from the Secretary of War, marked confidential. But a portion of these instruc- tions were carried out, in consequence of the antici- pation of the conquest by Commodore Stockton and Colonel Fremont. [Confilential.] Wak VELARTMENT, Washington, June 8, 1846. Sir: I herew'ra send you a copy of my letter to the governo: ot Missouri for an additional force of one thousand mounted men. The gbject of thus adding to the force under your command is not, as you will perceive, fully set forth in that letter, for the reason that it is deemed prudent that it should not, at this time, become a matter of public notoriety; but to you it is proper and neces- sary that it should be stated. It has been decided by the President to be of the greatest Importance in the pending war with Mexico to take the earliest possession of Upper California. An expedition with that view is hereby ordered, and you are designated to command it. To enable you to be in sufficient force to conduct it successfully, this additional force of a thousand mounted men has been provided, to follow you in the direction of Santa Fe, to be under your orders or the officer you may leave in command at Santa Fe. It cannot be determined how far this additional force will be behind that designed for the Santa Fe HISTORY OF CALIFORNIA. 369 expedition, but it will not probably be more than a few weeks. When you arrive at Santa Fe with the force already called, and shall have taken possession of it, you may find yourselves in a condition to garri- son it with a small part of your command (as the additional force will soon be at that place), and with the remainder press forward to California. In that case you will make such arrangements as to being followed by the reinforcement before mentioned, as in your judgment may be deemed safe and prudent. I need not say to you that in case you conquer Santa Fe, (and with it will be included the department or state of New Mexico), it will be important to provide for retaining safe possession of it. Should you deem it prudent to have still more troops for the accom- plishment of the objects herein designated, you will lose no time in communicating your opinion on that point, and all others connected with the enterprise, to this department. Indeed, you are hereby authorized to make a direct requisition for it upon the governor of Missouri. It is known that a large body of Mormon emigrants are en route to California for the purpose of settling in that country. You are desired to use all proper means to have a good understanding with them, to the end that the United States may have their co- operation in taking possession of and holding that country. It has been suggested here that many of these Mormons would willingly enter into the service of the United States, and aid us in our expedition against California. You are hereby authorized to muster into service such as can be induced to volun- teer ; not, however, to a number exceeding one-third of your entire force. Should they enter the service 3870 HISTORY OF CALIFORNIA. they will be paid as other volunteers, and you can allow them to designate, so far as it ean be properly done, the persons to act as officers thereof. It is under- stood that a considerable number of American citizeng are now settled on the Sacramento River, near Sutter’s establishment, called ‘Nueva Helvetia,’ who are well disposed towards the United States. Should you, on your arrival in the country, find this to be the true state of things there, you are authorized te organize and receive into the service of the United States such portion of these citizens as you may think useful to aid you to hold the possession of the coun- try. You will in that case allow them, so far as you shall judge proper, to select their own offi- cers. A large discretionary power is invested in you in regard to these matters, as well as to all others, in relation to the expeditions confided to your command. The choice of routes by which you will enter Cali- fornia will be left to your better knowledge and ampler means of getting accurate information. We are assured that a southern route (called the caravan route, by which the wild horses are brought from that country into New Mexico) is practicable, and it is suggested as not improbable that it can be passed over in the winter months, or at least late in autumn. It is hoped that this information may prove to be correct. In regard to the routes, the practicability of pro- curing needful supplies for men and animals, and transporting baggage, is a point to be well considered. Should the President be disappointed in his cherished hope that you will be able to reach the interior of Upper California before winter, you are then desired HIFTORY OF CALIFORNIA. vi to make the best arrangement you can for sustaining your forces during the winter, and for an early move- ment in the spring. Though it is very desirable that the expedition should reach California this season, {and the President does not doubt you will make every possible effort to accomplish this object), yet if, in your judgment, it cannot be undertaken with a reasonable prospect of success, you will defer it, as above suggested, until spring. You are left unembarrassed by any specific directions in this matter. It is expected that the naval forces of the United States which are now, or will soon be in the Pacific, will be in possession of all the towns on the seacoast, and will co-operate with you in the conquest of Cali- fornia. Arms, ordnance, munitions of war, and pro- visions to be used in that country, will be sent by sea to our squadron in the Pacific for the use of the land forces. Should you conquer and take possession of New Mexico and Upper California, or considerable places in either, you will establish temporary civil govern- ments therein—abolishing all arbitrary restrictions that may exist, so far as it may be done with safety. In performing this duty, it would be wise and prudent to continue in their employment all such of the exist- ing officers as are known to be friendly to the United States, and will take the oath of allegiance to them. The duties at the custom-house ought at once to be reduced to such a rate as may be barely sufficient to maintain the necessary officers, without yielding any revenue to the government. You may assure the people of those provinces, that it is the wish and de- sion of the United States to provide for them a free 372 HISTORY OF JALIFORNIA. government with the least possible delay, similar to that which exists in our territories. They will then be called on to exercise the rights of freemen in electing their own representatives to the territorial legislature. It is foreseen that what relates to the civil government will be a difficult and unpleasant part of your duty, and much must necessarily be left to your own discretion. In your whole conduct you will act in such a manner as best to conciliate the in- habitants and render them friendly to the United States. It is desirable that the usual trade between the citizens of the United States and the Mexican pro- vinoes should be continued, as far as practicable, under the changed condition of things between the two countries. In consequence of extending your expedition into California, it may be proper that you should increase your supply for goods to be distributed as presents to the Indians. The United States super- intendent of Indian affairs at St. Louis will aid you in procuring these goods. You will be furnished with a proclamation in the Spanish language, to be issued by you and circulated among the Mexican people on your entering into or approaching their country. You will use your utmost endeavors to have the pledges and promises thercin contained carried out to the utmost extent. I am directed by the President to say that the rank of brevet brigadier-general will be conferred on you as soon ag you commence your movement towards California, and sent round to you by sea or over the country, or to the care of the commandant of our squadron in the Pacific, In that way cannon, arms, HISTORY OF CALIFORNIA. 313 ammunition, and supplies for the land forces will be sent to you. Very respectfully, your obedient servant, W. L. MARCY, Secretary of War. Colonel S. W. Kearny. Fort Leavenworth, Missouri. APPENDIX G. The particulars of the conquest of Upper Cali- fornia, as well as the suppression of the insurrections, we have already given in substance as they are in the despatches of General Kearny and Commodore Stock- ton. But we have said nothing of the transactions in the Peninsula, as that afterwards was surrendered to Mexico. All that is interesting in the conquest of Lower California, will be found in the following despatches from the commander of the New York regiment of volunteers, which with a number of marines were the only troops employed in that quar- ter. We premise, that, after the United States marines had taken San José, the natives rose, and they were reduced to the necessity of taking refuge in an old fort, or cwartel, in the town. Barracks, LowER CALIFORNIA, San Jose, February 20, 1848. Sir: I continue my report from the 22d ultimo, from which time my force consisted of twenty-seven marines and fifteen seamen, of whom five were on the sick report, besides some twenty volunteers, Califor- nians, who at least served to swell the numbers. From 26 874 HISTORY OF CALIFORNIA. that date the enemy were continually in sight of us, intercepting all communication with the interior, and driving off all the cattle from the neighborhood. A party of our men who went out to endeavor to obtain cattle, were driven in and narrowly escaped being cut off. We succeeded in obtaining a few cows, however, which were very necessary to us in the reduced state of our provisions, as, in addition to our garrison, we were obliged, in humanity, to sustain some fifty women and children of the poor, who sought our protection in the greatest distress. I found it necessary, as soon as our fresh beef was consumed, to put all hands on half allowance of salt provisions. We had no bread. On the 4th of February, the enemy closed around us more, and commenced firing upon all who showed themselves at our port-holes, or above the parapets. On the morning of the 6th the enemy ap- peared to be a little scattered, a considerable force being seen riding about some distance from the town, and at the same time a strong party of them posted at the lower end of the street were keeping up an annoying fire upon us. I judged this a favorable opportunity to make a sortie upon them, and taking twenty-five men with me, closed with them and dis- lodged them, driving them into the hills without the loss of a man on our part, and returned to the cuartel. On the morning of the 7th it was reported to me that the enemy had broken into the houses on the main street, and there was some property exposed which might be secured. I took a party of men and went down and brought up a number of articles belonging to the Californians, who were in the cuartel; some distant firing took place, but no injury was sustained. On the same day, hearing there were some stores of HISTORY OF CALIFORNIA. 387¢ rice and tobacco in a heuse some three hundred yarde down the main street, I determined upon an effort to obtain them, and sallied out with thirty men: these were immediately fired upon from several different quarters, and some fighting ensued, resulting in the death of one of my volunteers—shot through the heart. We charged down the end of the street, and drove the enemy to the cover of a cornfield at the outside of the town, where they were considerably reinforced, and recommenced a hot fire; but we were enabled to save a part of the articles which we were in search of, though we found that the enemy had an- ticipated us in this object, having forced the building from the rear. On the afternoon of the following day, Ritchie’s schooner, having provisions for us from La Paz, came in sight and anchored, but a canoe which was enticed toward the shore by a white flag displayed by the enemy, was fired upon, and the schooner immediately got under way. On the 10th the enemy had entire possession of the town: they had perforated with port-holes all the ad- jacent houses and walls, occupying the church, and, hoisting their flag on Galindo’s house, ninety yards dis- tant, held a high and commanding position, which ex- posed our back yard and the kitchen to a raking fire, which from this time forth was almost incessant from all quarters upon us, the least exposure of person creat- ing @ target for fifty simultaneous shots. The enemy appeared to have some excellent rifles, among other arms; and some of them proved themselves tolerably sharp shooters, sending their balls continually through our port-holes. On the 11th the fire was warm, but on our part it was rarely that we could get a sight of them. In the afternoon of this day we had to Jament U* 376 HISTORY OF CALIFORNIA. the death of Passed Midshipman McLanahan, attached to the United States ship Cyane; a ball striking him in the right side of the neck, a little below the thyroid cartilage, lodged in the left shoulder. He died in about two hours. He was a young officer of great promise, energetic, of much forethought for his age, and brave to temerity. All lamented his untimely fate, and all bear willing testimony to his worth. On the morning of the 12th, at daylight, we dis- covered that the enemy had thrown up a breastwork upon the sand, about one hundred and fifty yards to the north-east of the cuartel, and entirely commanI- ing our watering place. We fired several round shot at it, with little effect. We succeeded in getting in being in strong force, and kept a close watch upon us. Their force was over three hundred, speaking within bounds. I immediately commenced digging a well in the rear of Mott’s house, which is the lowest ground. I found that we had to go through rock, and judged we should have to dig about twenty feet. I thought 1t imprudent to blast, as the enemy, suspecting our intention, would throw every obstacle in our way. The men worked cheerfully on this and the succeeding day against all difficulties. Our situation was becom- ing now an imminently critical one, having with the greatest economy but four days’ water. On the 14th we continued digging for water. We found that the enemy had thrown up a second breastwork more to the westward, giving them a cross-fire upon our water- ing place: there was a continual fire kept up upon the cuartel during the day. At three o’clock, 80 minutes P.M., a sail was reported in sight, which proved to be the United Ship Cyane. She anchored after sun- HISTORY OF CALIFORNIA. 37 dewn. It was of course a joyful sight to us to see friends so near; but I was apprehensive that they could render us but little assistance, the enemy being so vastly superior in numbers. The enemy continued their firing upon us during the night. On the 15th at day-light, we became aware that the Cyane was landing men. They soon commenced their advance, which for a few moments was opposed only by a scattering fire ; then the enemy opened upon them in earnest. They had concentrated nearly their entire force near San Vincente. We saw the flash of musketry through ali the hills above the village. There was the odds of three to one against our friends. Steadily they came on, giving back the enemy’s fire as they advanced. There was still a party of the enemy occupying the town, firing upon us. I took thirty men, and sallied out upon them, drove them from cover, killed one and wounded several of them, and marched out to join the Cyane’s men, who, with Captain Dupont at their head, had now drawn quite near to us. There were small detached parties of the enemy still hover- ing about them, and firing at them, but the main body of the enemy had been broken, and retired to “Las Animas,” distant two miles. The march of the Cyane’s men to our relief, through an enemy so vastly their superior in numbers, well mounted and possess- ing every advantage in knowledge of the ground, was certainly an intrepid exploit, as creditably performed as it was skilfully and boldly planned, and reflects the greatest honor on all concerned. It resulted most fortunately for us in our harassed situation. They had but four wounded; this cannot be termed any thing but the most remarkably good luck, considering the severe fire that this heroic little band were cx. 318 HISTORY OF CALIFORNIA. posed to. The loss of the enemy we have not post tively ascertained: we hear of thirteen killed, with certainty, and general report says thirty-five ; wounded not known. Of the total loss of the enemy in their attack upon the cuartel, I cannot speak with certainty; we have found several graves, and know of a number wounded, one of whom we have in the cuartel a prisoner. I suppose their total loss to be not far from fifteen killed, and many wounded; I am sure it could not be less than this. Our own total loss was three killed and four slightly wounded. After the death of Passed Midshipman McLanahan, there remained but one officer to my assistance, Passed Midshipman George A. Stevens, to whom, for his coolness and indefatigable zeal at a time when so much devolved upon him, I am most happy to accord the highest credit; and at the same time I must honorably mention the conduct of a volunteer, Ku- gene Gillespie, Esq., who, although suffering from ill- ness, never deserted his post, and was with me in the sortie of the 7th. The non-commissioned officers and men went through privation, unceasing watchfulness, and danger, without a murmur. I cannot express too highly my satisfaction in their conduct. Cuptain Dupont immediately upon his arrival here, becoming aware of our situation as regards provisions, took mea- sures for our supply. The day after the battle of San Vincente he despatched a train, which brought us by hand (the enemy having driven off all the mules and horses) a quantity of stores and articles of which we stood most in need, among the rest, bread, and has since been unceasing in his exertions for our relief. I cannot too earnestly express the obligations which we are under HISTORY OF CALIFORNIA. 319 ter the prompt and efficient assistance which Captain Dupont, his officers, and crew have rendered us. I am, sir, respectfully, your obedient servant, CHAS. HEYWOOD, Lieutenant U. S. Navy, com’g., San Jose. Lieut. Col. Henry §. Burron, U.S. Army, com’g. troops in Lower California. W. T. SHERMAN, First Lieutenant 3d Artillery, A. A. A. Generat. H. Unitep STATES BARRACKS, La Paz, California, April 18, 1848. Sir: I have the honor to acknowledge the receipt of your letter of March 1, 1848, and to report the arrival of the army storeship “ Isabella” at this place on the 22d of March, 1848, with Captain Naglee’s company (D) New York volunteers, and one hundred and fourteen recruits for the detachment of New York volunteers stationed at this place. The rescue of the prisoners of war on the 15th ultimo caused great excitement among the enemy, and tended very much to disorganize their forces, and the import- ant arrival of the reinforcements to my command determined me to take the field as soon as possible; accordingly, I left this place on the morning of the 26th instant with two hundred and seventeen officers and men; Lieutenant Halleck, United States en- gineers, acting chief of staff, and Passed Midshipman Duncan, United States navy, temporarily attached te the mounted portion of Captain Naglee’s command. 880 HISTORY OF CALIFORNIA. The afternoon of the 27th, a party of fifteen men captured, in San Antonio, Pineda, the commander of the Mexican forces, with his secretary, Serrano. The morning of the 29th, having received informa- tion that the enemy had concentrated their forces in Todos Santos, we pressed on with all speed, fearing they might evade us, by retreating towards Magdalena Bay. The morning of the 30th, about ten o’clock, having received accurate information respecting the enemy, Captain Naglee with forty-five mounted men was despatched to intercept the road leading from Todos Santos to Magdalena Bay, and, if practicable, to attack the enemy in the rear at the same time our main body made its attack in front. The road leading from Todos Santos to La Paz, for some distance before reaching the first named place, passes through a dense growth of chaparral, (very favorable for an ambush), and in this the enemy made their arrangements to receive us. We left the road about five miles from Todos Santos and marched along a ridge of high land on the north side of the river, having full view of the enemy’s operations. They then took possession of a commanding hill directly in our route, between three and four miles from Todos Santos, with their Indians in front. Com- panies A and B, under the direction of Lieutenant Halleck, were deployed as skirmishers in such a man- ner as to expose the enemy to across-fire. The enemy opened their fire at long distance, but our force ad- vanced steadily, reserving their fire until within good musket range, when it was delivered with great effect, and the enemy retreated very rapidly, after a short but sharp engagement. At this time, Captain Naglee being near Todos Santos, and hearing the firing, HISTORY OF CALIFORNIA. 881 uttacked the enemy in rear, and after a severe action completed their dispersion. Our men and horses being too much fatigued by their long march to pursue the scattered enemy, we marched on to Todos San- tos. The loss of the enemy in this engagement cannot be ascertained with any accuracy; we know of ten killed and eight wounded. Our loss was nothing ; one man and the horse of Acting Lieutenant Scott were slightly wounded, the enemy, as usual, firing too high. Our officers and men fully sustained the character they won on the 16th and 27th of November last. My warmest thanks are due to Lieutenant Halleck, for his assistance as chief of staff, and I present him particularly to the notice of the colonel commanding, for the able manner in which he led on the attack on the 30th ultimo. Captain Naglee also deserves particular notice for the energetic and successful manner in which he ful- filled his instructions. On the 31st ultimo, Captain Naglee, with fifty mounted men of his company, was ordered to pursue the enemy in the direction of Magdalena Bay. He returned to La Paz on the 12th instant, having pur- sued the enemy very closely, capturing five prisoners: and some arms. Lieutenant Halleck started for San José with a party of mounted men, consisting of one officer and twenty-five non-commissioned officers and privates, on the 5th instant, for the purpose of communicating with Captain Dupont, commanding United States sloop-of-war Cyane. He returned here on the 11th instant, having captured ten prisoners on his march, and taken a number of arms. 382 HISTORY OF CALIFORNIA. From him I learn that the naval force at San Jos¢ have thirty odd prisoners, and among others “ Mau- ricio Castro,” the self-styled political chief of Lower California. Lieutenant Selden, with a party from the Cyane, made a most opportune march on Santiago, where he captured a number of the enemy who had fled from the field of Todos Santos. Castro, who commanded the enemy’s forces in the action of the 30th, was arrested near Maria Flores by the civil authorities and delivered up to Lieutenant Selden. During the stay of our main body at Todos Santos fourteen prisoners were captured; among them two sons of the reverend padre Gabriel Gonzales, officers of the Mexican forces. We left Todos Santos on the 5th instant, and arrived at this place on the 7th. The result of this short campaign has been the complete defeat and dispersion of the enemy’s forces. We have captured their chief and six officers, an one hundred and three non-commissioned officers and privates; and others are daily presenting themselves to the civil authorities in different parts of the country. The captured arms have been given to those ran- cheros known to be friendly to the interests of the United States, for their protection. I am, sir, with much respect, your obedient servant, HENRY 8. BURTON, Lheutenant Colonel New York Volunteers. Lieutenant W. T. Suerman, Act. Ass. Adjt. Gen. Tenth Mil. Dep. W. T. SHERMAN, First Lieut. 3d Artillery A. A. A. General. HISTORY OF CALIFORNIA. 385 APPENDIX I, The following despatch from Governor Mason, zives en account of the state of affairs in Upper California, in October, 1847: Heapquarters Tenta Mititary DEPARTMENT, Monterey, Calofornia, October 7, 1847. Siz: [returned from San Francisco yesterday, and found here Mr. Toler, with despatches from Washing- ton, the receipt of which I have the honor to acknow- ledge. Iam also informed by Commodore Shubrick that the sloop-of-war Preble is ready to sail for Panama, with Passed Midshipman Wilson as bearer of despatches for the United States. I therefore avail myself of the opportunity to send you my letter of the 18th of September, with its several packages, and now have to communicate the result of my visit to San Francisco. I found the town flourishing and prosperous, with a busy, industrious population of Americans, and refer you to the copies of my military correspondence for the steps adopted to give them a good town government. The Bay ef San Francisco, you are well aware, is a spacious, elegant harbor, susceptible of the most per- fect defence; but as yet nothing has been done towards fortifying it, or even placing any of the heavy guns in position at the old fort. It is found almost impossible to get much work out of the volunteers; and all that I can now expect of the two companies of Major Hardie’s command wil] be to improve their quarters at the old presidio. This they are at present engaged upon, using lumber made at the horse saw- mill, under direction of the assistant quartermaster, OSE TISTORY OF VALIFORNIa. Captain Folsom. All this labor is done by the volun- teers, so that the inprovements will be made at very little expense to the government. The price of lum- ber at San Francisco is $50 per M.; but Captara Folsom says that he has it sawed and delivered, by the labor of the volunteers and his own machinery, at about $16. The mill is placed in the timber known as the Red Woods, near the mission of San Rafael, on the west and north sides of the bay, where any amount can be had. If the government design to ereet per- watent structures to any exicnt in this country, it would be advisable to send out a steam engine, with all the necessary frames and iron-work to adapt it to immediate use in connexion with the saw and grist mills now in possession of the quartermaster’s depart- ment here. The site at present selected by Captain Folsom is well adapted, as easy water communication is had with the San Joaquin and Sacramento Rivers as well as the parts of the country south of San Francisco. At San Francisco I found all the powder, arms, accoutrements, and perishable ordnance property well stored in a building prepared for the purpose at the presidio barracks; but the guns, mortars, carriages, shot, and shells are in the town in the open air, pro- tected by paint alone. The great difficulty of hauling such articles over the rugged hills between the town and presidio will prevent their being hauled to the latter place this season. I did design to continue my tour of inspection to Sonoma and the Sacramento River, but was recalled by hearing of the arrival of the bearer of despatches at Monterey. When on my way up to San Francisco, I was over- taken by Captain Brown, of the Mormon battalion, HISTORY OF CALIFORNIA. 335 who had arrived from Fort Hall, where he had left his detachment of the battalion, to come to California to report to me in person. He brought a muster-roli of his detachment, with a power of attorney from all its members to draw their pay; and as the battalion itself had been discharged on the 16th of July, Pay- master Rich paid to Captain Brown the money due the detachment up to that date, according to the rank they bore upon the muster-rolls upon which the batta- lion had been mustered out of service. Captain Brown started immediately for Fort Hall, at which place and in the valley of Bear River he said the whole Mormon emigration intended to pass the winter. He reported that he had met Captain Hunt, late of the Mormon battalion, who was on his way to meet the emigrants and bring into the country this winter, if possible, a battalion according to the terms offered in my letter to him of the 16th of August, a copy of which you will find among the military correspondence of the department. In my letter I offered Captain Hunt the command of the battalion with the rank of lieutenant-colonel, with an adjutant; but I find, by the orders lately received, that a battalion of four companies is only entitled to a major and acting adjutant. I will notify Captain Hunt of this change at as early a moment as I can communicate with him. Iam pleased to find by the despatches that in this matter I have antici- pated the wish of the department. Last season there was a great scarcity of provisions on the coast of California; but when the stores are received that are now on their way, there will be an ample supply for the coming winter. The crops in this country have been very fine this scason, and at 386 HISTORY OF CALIFORNIA. present wheat is plenty and cheap at San Franciseo, Beef is also plenty. Beans can be purchased at tha southern ports, and sugar imported from the Sand- wich Islands; but for all other subsistence stores we are dependent upon the South American ports or those of the United States. I have directed Captain Marcy, acting commissary of subsistence at this post, to supply the chief of his department with the market price of all kinds of provisions, with such other facts ag may enable his department to act with the proper economy. The want of good clothing for the regulars and volunteers is already felt in California; and unless a supply has already been despatched, many of the garrisons will be without shoes and proper clothing this winter. The price of such articles here is so exorbitant as to place them beyond the reach of the soldiers. The volunteer clothing brought by Sutler Haight has already been disposed of to citizens and soldiers, and there are no means of his renewing the supply except by sending to the United States. Justice to the soldier demands that he either be comfortably clad by the government, or that it should be within his power to clothe himself on the allowance provided for that purpose by law. I respectfully recommend, if it has not already been done, that a large supply of infantry undress winter clothing be sent immediately to this country, to be distributed, so as to enable each volunteer to purchase for his own immediate use at cost prices. No summer clothing is needed, as the climate is too severe, sum- mer and winter. Such articles as good blankets, clotk overcoats, caps, jackets, overalls, stockings, and shoes. with stout shirts and drawers, are the only ones that will ever be needed here. Se MQ agg ‘ RQ WI SS S CLOSSING THE ISfHMUS. HISTORY OF CALIFORNIA. 387 General orders No. 10, of 1847, promotes Liente- vant Loeser, third artillery, and orders him to join Liscompany. Ircgret that at this moment his services cunot be spared, and I am compelled to retain him on duty with company F, third artillery, because the absence of Captain Tompkins, the death of Lieutenant Minor, and Lieutenant Sherman being detached as acting assistant adjutant general, has reduced the number of officers of that company to but two— Lieutenants Ord and Loeser. I trust that the two companies of regulars in this country will be kept with a full supply of officers, that an officer, upon being promoted, may be enabled to join the army in the field, and participate in the active operations to which he lovks for distinction and expericnce. Captain II. M. Naglee, seventh New York volun- teers, with a strong detachment of his company, is now absent in pursuit of Indians in the valley of the San Joaquin. He has with him Lieutenant Burton’s company of California volunteers, which is expected to return to Monterey before the end of this month; in which case I shall cause it to be mustered out of service, and discharged on the 81st day of October. Again I have to report the death, by sickness, of an oficer of my command—Lieutenant C. C. Ander- son, seventh New York volunteers, who contracted a fever when on duty at Fort Sacramento, and died in consequence at San Francisco on the 18th of Septem- ber. He was buried with military honors by the troops at San Francisco, under direction of Major Hardie. This death reduces the number of officers in Captain Brackett’s company, seventh regiment New York volunteers, to one captain and one second lieutenant. Commodore Shubrick will sail for the west coast of 388 HISTORY OF CALIFORNIA. Mexico from this harbor next weck ; and having made application to me, I have directed Lieutenant Halleck, of the engineer corps, to accompany him, and shall give Lieutenant Colonel Burton, in command at La Paz, Lower California, authority to accompany Com- modore Shubrick, should the latter design an attack upon any point or points of the west coast of Mexico, with orders, of course, to resume his position at La Paz as soon as the object is accomplished for which his command is desired. Notz.—Colonel Burton will be directed to leave a sufficient number of men at La Paz to keep the flag flying. Tt affords me much pleasure to assure the depart- ment that the most perfect harmony subsists between the members of the naval and land forces on this coast, and that the most friendly intercourse is kept up between the officers. Ihave had frequent occasion myself to ask assistance of Commodores Biddle and Shubrick, and my requests have been granted with promptness and politeness; and in return I have afforded them all the assistance in my power. Our consultations have been frequent and perfectly harmo- nious, resulting, I hope, in the advancement of the common cause of our country. Lhave the honor to be, your most obedient servant, R. B. MASON, Oolonel 1st Dragoons, Commanding. To General R. Jones, Adjutant-General, Washington, D. @. HISTORY OF CALIFORNIA. 389. APPENDIX J. We have already given the substance of Governor Mason’s despatch to. the government, giving an ac- count of the gold discovery and a visit to the placers. There is, therefore, no necessity for inserting that official document. The appearance in Upper Cali- fornia, in July 1848, of Don Pio Pico, the former gov- ernor of the territory, gave rise to serious apprehen- sions of another insurrection. The despatch of Col. Stephenson, the commander of the garrison at Los Angeles, to Colonel Mason, contains an account of the matter, together with a description of the ex-governor. HEaDQuaRtEeRS SoutHeRN Miirary District, Los Angeles, California, July 20, 1848. Sir: By the last mail I informed you of the ar- rival of Don Pio Pico in this district. I subsequently learned that he had passed through San Diego with- out presenting himself to Captain Shannon, or in any manner reporting his arrival. Immediately after his arrival, rumors reached me of conversations had by him with his countrymen, in which he stated that he had returned with full powers to resume his guberna- torial functions, and that he had only to exhibit his cre- dentials to you to have the civil government turned over to him. [I found the people becoming very much excited, and some rather disposed to be imprudent. I sent for Jose Ant. Carrillo and some others in the town, who were giving currency to these reports, and informed them that I should hold them responsible for any imprudent or indiscreet act of their country- men, and that, at the first appearance of any dis- respect to the American authorities, I should arrest and confine them in the guard-house. This had the 27 390 HISTORY OF CALIFORNIA. effect to check all excitement here; but as Don Pie removed up the country, the same excitement began to spread among the rancheros. In the mean time, his brother Andreas informed me that he, Don Pio, would come in and report to me in person in a few days, as soon as he had recovered from the fatigue of his journey. On Saturday, the 15th instant, he reached the ranch of an Englishman named Work- man, some eighteen miles from here. This man has ever been hostile to the American cause and interest, and is just the man to advise Pico not to come in and report to me. On Sunday and Monduy I was advised that many Californians had visited Pico at Workman’s, and that the same story had been told them of his having re- turned to resume his gubernatorial functions, &c., and also that he should not report to me, but go direct to San Fernando, from whence he would communicate with you. The moment I became satisfied that he intended to adopt this course, I issued an order (copy inclosed) requiring him to report to me immediately in person. I sent my adjutant with a detachment of men to the ranch of Workman to deliver to Don Pio in person a copy of this order, with instructions to bring him in by force, in case he refused or even hesitated to obey. The adjutant returned here at twelve o’clock on Monday with information that the Don had left for San Fernando. I immediately de- spatched Lieutenant Davidson with a detachment of dragoons and a copy of the order, with instructions similar to those given Adjutant Bonnycastle. About five o’clock on Tuesday morning I received a visit from a gentleman named Reed, living at the mission of San Gabriel, who informed me that Don Pio Pics HISTORY OF CALIFORNIA. 891 had arrived at his house quite late in the evening of Monday, on his way to San Fernando. Reed inquired if he did not intend reporting to me in person; he answered in the negative; when Reed assured him, if he attempted to pass my post without reporting, I would cause him to be arrested, and that he was aware of my being displeased at his passing through San Diego without reporting to the commandant of that post. Don Pio Pico, upon receiving this infor- mation, became alarmed, and requested Reed to come in and see me, to say he intended no disrespect, and would come and report at any hour I would name. Reed is a highly respectable man, and has ever been friendly to the American cause; and I gave him a copy of the order I had issued in regard to Don Pio, requesting him to deliver it, and say to Don Pio, he could come in at any hour he chose, within twenty- four hours. Accordingly about eight P. M., the same evening, the ex-governor came in. He was unaccom- panied even by a servant, evidently desiring it should not be known he was in town. I received him kindly, told him I had no desire to treat him harshly, but that the American authorities must be respected, and if he had not come in I should certainly have arrested him. He informed me that he left Guaynas on the 22d of May, crossed to Mulive, which he left for California on June third, and arrived at San Diego, July sixth. He says that when he left Guaynas nothing had been heard of the action of the Mexican Congress upon the treaty, but it was generally supposed it would be ratified. He says the Mexican government did not answer any of his communicatious; and the mom