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Frost's Pictorial History of California.

TiTt~ory~"

OP THE

STATE OF CALIFORNIA.

FROM THE PERIOD OF THE CONQUEST BY
SPAIN, TO HER OCCUPATION BY THE
UNITED STATES OF AMERICA. .

COXTAINIXG AN ACCOUNT OF THE DISCOVERY OF THE IMMENSE
GOLD MINES AND PLACERS, THE ENORMOUS POPULATION
OF GOLD-SEEKERS, THE QUANTITY OF GOLD ALREADY
OBTAINED, A DESCRIPTION OF HER JIINERAL
AND AGRICULTURAL RESOURCES, WITH
THRILLING ACCOUNTS OF ADVEN-
TURES AMONG THE MINERS.

ALSO,

ADVICE TO EMIGRANTS ON THE BEST ROUTES, AND THE

PREPARATIONS NECESSARY TO GET THERE.

TO WHICH 13 ADDED

A BRIEF ACCOUNT OF THE FORMATION OF THE GOVERNMENT

AND CONSTITUTION OF THE SAID STATE.

WITH NTJMEROUS^ ILIXTSTRATIONS.

BY JOHN FROST, LL.D.

AUBURN, N. Y.

DERBY AND MILLEK.

1850.

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THENEWYORK

'PUBLICLIBSARY

ASTOR, LENOX AND

TJLDEN FOUNDATlONa,

1897.

Entered according to Act of Congrese, in the year 1850.

bt derby and MILLEK,

In the acrk's Office for the Northern District of New York.

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PREFACE.

The occupation of California by the people
of the United States, and the discovery of its
rich gold mines, form a new era in the historj^
of the world. According to present appear-
ances, these events forebode a complete revolu-
tion in monetary and commercial afiairs. 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 tiic 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, vrill become a pleasant excursion.

(3)

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 Cahfornia, and some official docu-
ments, whose importance demanded their pre-
servation in a permanent form.

CONTENTS

CnAPTER I.
Geographical Ovtum op CAuroRiriA 7

CHAPTER n.
DiscoviET Of California 11

CHAPTER m.
From the first Settlemxkt to the Retolction i» Mexico 28

CHAPTER IV.
From the Revolution till the War between the United States and Mexico- 2i

CHAPTER V.
From the commencement of the War till its Close 27

CHAPTER TI.
Discovery op the Gold Placers 3fl

CHAPTER Tn.

AdVENTVEES of 60ME OF THE MINERS, AND INCIDENTS CONNECTED VHTH MINING • • 56

CHAPTER Vni
Description op some op the Cities and towns of Californt.1, before and after
the discovert of the gold minxs 87

CHAPTER IX.
The FoRMAtiON of a State Government 118

CHAPTER X.
Present state op Californu 132

CHAPTER XL
The different Routes to California, and their respective characters 181

CHAPTER XIL
Recent Events connected with, and happening in, Caufornu 218

CHAPTER XIIL

The Mineralogical and other characteristics of Gold, and the mode op dis-
tinguishing it WHEN found; together with the assay, reduction, and Mr

riNZMENT OF GOLD 238

(5)

9

6 CONTENTS. '

P»ge

CHAPTER XIV.

Additional RECE>Tr Etexts 243

CHAPTER XV.
A General View of California at the present time • 255

CHAPTER XVI.
Natural Bistort of Californu 275

Appendix • • ,,..,,..,. 387

«»«W^V^^SI>'^>/>^^^*""*

LIST OF EMBELLISHMENTS.

PRINCTPAL Street in San Fkancisco • -Froniispkce

One of the old Spanish Houses in San Fr.incisco 28

Rancee in Upper California 47

Life in the Diggings— Supper-tjme 65

Sonorians Dry-washing Gold 67

Gold-rocker, Washing-pan, and Gold-bearer •• 70

Going to a Fandango 79

Mode of Wasqing Clothes in California 86

Gambling Scene in San Francisco 9.3

A Ship's Gallex turned into a Cafe Restaurant in San Francisco 96

Sacramento City 112

San Jose, in Lower Californl^ 116

Monterey 130

Trading-post in the Mines 176

Crossing the Isthmus 197

Mountain Scenery IN Lower Calitoenu 504

THE

HISTORY OF CALIPORNIA.

-«♦•»»

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, to
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 Pacii^c Ocean. Califor-
nia is naturally divided into two portions ; the penin-
sula, called Lower Cahfornia, 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. Tho* 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
heat 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 hj the
passage of a rivulet through a sandy defile, where
iiTigation 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 ofiers 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 Yizcaino, east of the
Isle of Cedaro, Port San Bartolomd, 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 principal harbors of Upper California are those

10 HISTORY OF CALIFORNIA..

oflfered 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
powers of Europe might there find safe shelter. It
is surrounded by ranges of high hills, and joins the
Pacific by a passage two miles w^ide and three in
length. The other harbors can only be frequented in
the fine season, and aifford 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-
vail 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 land 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 afi'ords but a poor shel-
ter from storms.

The Sacramento and San Joachim are the princi-
pal rivers of California, but the Sacramento alojie 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 11.

DISCOVERY OF CALIFORNIA.

The 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
conquered, 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 152G,
were sent to the East Indies.

The first expedition of the Spaniards, sent along
the western coast of Mexico, was conducted by Petlro
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
Santiairo River, a hundred leafrues 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 CALIFORNIA.

conquered hy 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
Avas in Spain, whither he had gone to have his title
and powers more clearly defined. He returned in
1530 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, occupied 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 contirrent 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 report^ 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 under

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. lie remained there till the
following spring, and then returned home. Becerra
proceeded north-westward ; but his crew mutinied,
and he was murdered bj Fortuno Ximenes. The
mutineers, under Ximenes, then steered directly west
from the main land, and soon reached a coast not
known to them before. They landed, and soon after
Ximenes 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 Xuno 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 ih 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 3d 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

2

14 HISTORY OF CALIFORNIA.

Santa Cruz, and possession of it was taken in the
name of tlie Spanish sovereign.

The country claimed by Cortes for Spain, was the
south-east portion of the peninsuhi, 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 --ith 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, IMendoza, 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,

II

HISTORT OF CALIFORNIA. 15

from Tampa Bay, Florida, until thcj reached Culia-
can. Thej tad received from the natives, accounts
of rich and populous countries situated to the north-
west, ^lendoza, wishing to ascertain the truth of the
reports, sent two friars, according to the adrice of
Las Casas, to make an exploration. Thej 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 Tth of March, 1539.

Soon after the departure of the friai-s, 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. UUoa reached the Bay of Santa Cruz, after
losing one of his vessels in a storm. From Santa
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 32° 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, I!

and often landed and fought with the natives. In .i

January, 1540, UUoa 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 returning 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 as
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 senl 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. 17.

•

commanded by Francisco Yasqucz de Coronado, who
had been appointed governor of Xew Galiicia, in place
of Nuno de Guzman. The party left Culiacan on the
22d of April, 1540, and took their way north, follovr-
ing the course described by the friars. They found
the route which had been represented as easy, 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 Elvers 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 niGTORY OF CALIFORXIA. ^

the command of Juan Rodcriguez Cabrillo, a Portn-
guese navigator of great reputation. The two vessels
sailed from jS'avidad, a small port in Xalisco, in June,
1542. Thej rounded Cape San Lucas, and proceeded
north-west, along the coast, as far as the 88th degree
of latitude, when he was driven back, and took refuge
in a harbor of one of the San Barbara islands. There
Cabrillo died and the command devalved on Barto-
lome Ferrelo. Ferrelo was a zealous and determined
man, and he resolved to proceed 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 Capo. 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 Aj^ril, 1548.
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
thai of San Francisco. He formally took possession
of the country in the name of Queen Elizabeth, and
called it New Albion. lie left California on the 22d
of July, loTO. Ill the spring of 159G, 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. Yiscaino visited the coast of Upper Califor-
nia in 1G02, and discovered and named some of the
places Cabrillo had discovered and named long before.
The Port San Miguel of Cabrillo vras 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 tfiore than a hundred and sixty years.

Various attempts were made to establish colonies,
garrisons, and fishirig 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 III.

FROM THE FIRST SETTLEMENT TO THE REVOLUTION

IN MEXICO.

The first establisliment of the Spaniards in Califor-
nia, was made bj the Jesuits, in November, 1697.
The settlement was called Loreto, and founded on
the eastern side of the peninsida, 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 sea, 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 Cahfor-
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
languages 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 with a ci\dl 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 peninsula 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

22 HISTORY OF CALIFORNIA.

on to the bay of San Francisco, and could not retrace
their steps before the did weather set in, and thej
then returned to San Diego. The people left at San
Dief^o 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 Bias, 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 missions were under the control of the Francis-
cans, who, unlike the Jesuits* took little care to exert
themselves in procui'ing 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 heyond 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 sam« year, 1775, Bodega, a Spanish commander,
roturning 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 aocordingly
gave it his own name, which it stili retains. This Bay
of Bodega is si4;uated a littl-e 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 5lexican war of independcnce.
An attempt of the Russians to form a settlement 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 ((uit the place disobeyed. The Rus-
sian agent, Kushof, denied the right of the Spaniards
to the territory, and the governor being unable to

J

24 HISTORY OF CALIFORNIA.

enforce 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.

Before 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-
sula 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 to them. 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 Califbrnia began to Le 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 the
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 witli this state of
things, and ordered the governor of Fpper 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 authorities
ordered the settlers to be driven back to Mexico. In
1836, the federal system was abolished by the Mexi-
can government, and a new constitution adopted,
which destroyed all state rights, and established a
central power. This was strenuously resisted in Cali-
fornia. The people rose, 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 ©n quietly in California until 1842.
In that year, Commodore Jones, while cruising in the
Pacific, received information which led him to believe
that Mexico had declared war against the United
States. He determined to strike a blow at the sup-
posed enemy, and, accordingly, he appeared before
Monterey, on the 10th of October, 1842, with the
frigate United States and the sloop-of-war Cyane.
He demanded the surrender of all the castles, posts,
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
between the United States and Mexico, and he accord-
ingly 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 the inhabitants considerably, and, no

HISTORY OF CALIFORNIA. 27

doubt, tended to increase tlie ill-feeling before exist-
ing between Mexico and the people of the United
States.

CHAPTER V.

FROM THE COMMENCEMENT OF THE TTAR TILL ITS CLOSE.

"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 Cvane 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 not
authorized to surrender the place, l^ut 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 Mervine,
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, Commodore
Sloat despatched a courier to the commanding-general
of California, summoning him to surrender every thing
under his control in the country, and assuring him of
protection if he should comply. The general 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 seamen 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 marines then returned
to the ship, leaving Lieutenant 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. Lieutenant Missroon was
despatched with a small party of these volunteers to
reconnoitre the Presidio and fort. He returned the

HISTORY OF CALIFORNIA. 29

same day, and reported that the Presidio had been
abandoned, and that the fort, seven miles from the
town, >vas dihipidated 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 Bucna,
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 13th 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-
terey, 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 ^lounted 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 General 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 CALIFORNIA.

re J, and liaving landed, marched for the Mexican
camp. When he arrived witliin twelve miles of the
Mexicans, they fled in small parties, in different direc-
tions. Most of the principal officers were afterwards
taken, but the mounted riflemen not getting up in
time, mo3t of tlie 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 superintendent of Indian
affairs, have a pardoning and reprieving powTr, 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 act?
and proceedings of the governor. The legislative
pov/er 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 or CALIFORXIA. 31

•

territory before the conquest, were continued until
altered by the governor and council.

On the loth of August, 1846, Commodore Stockton
adopted a tariff of duties on 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 Col ton, 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 issue<l in California.

Early in September, Commodore Stockton withdrew
his forces 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
300. Finding himself overpowered. Captain Gillespie
capitulated on the 30th, and thence retired with all
the foreigners aboard of a sloop-of-war, and sailed for
Monterey. Lieutenant Talbot, who commanded only
nine men at Santa Barbara, refused to surrender, and
marched out with his men, arms in hand. The frijxate
Savannah was sent to relieve Los Angeles, but she
did not arrive till after the above events had occurred.
Her crew, numbering 320 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. The Californians were

32 HISTORY OF CALIFORNIA.

mounted on fine horses, and with artillery, had every
advantage. 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
men forward to receive the fire of the enemy and then
fall back upon the main body without returning it. The
main body Avas 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 An^reles.
The Californians determined to meet them on their
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 CALIFOKNIA. 33

first regiment of United States dragoons, and Captain
Gillespie with sixty mounts riflemen. The troops
marched one hundred and ten miles in ten days, and,
on the 8th 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 pieces
of artillery, prepared to dispute tlie passage of the
river. The Americans waded through the vrater,
dragging their guns with them, exposed to a galling
fire from the enemy, without returning a shot. Yf hen
they reached the opposite shore, the Californians
charged upon them, but were driven back. They
then charged up the bank and succeeded 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

J

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 ¥6, reached Warner's rancho, the fron-
tier 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 Gillespie, 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 Cahfornians 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 ac-cordingly 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 Moore, mounted mostly on the tired mules
they had ridden from Santa Fe— a distance of 1050
miles. Next came about twenty volunteers, under

HISTORY OF CALIFORNIA. 35

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
ba<j£jao-e.

Co c

As the day of December Gth dawned, the enemy at
San Pasquul were seen to be already in the saddle,
and Captain Johnson, with his advance guard, made a
fui'ious charge upon them ; he being supported by the
dragoons, tfie 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
of the rest of the American party, Avhen they broke
and 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 Tth the march was resumed, and, near San
Bernardo, Kearnv's advance encountered and defeated
a small party of the Californians who had taken post
on a hill. At San Bernardo, the troops remained till
the morning of the'llth, when they were joined by a

36 HISTORY OF CALIFORNIA.

party of sailors and marines, under Lieutenant Gray.
They then proceeded upon their march, and on the
12th, arrived at San Diego ; having 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 hlive given an account in this chapter, was
successfully consummated, and tranquillity restored in
California. General Kearny and Commodore Stock-
ton returned to the Ignited 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 th-e United States
and Mexico.

CHAPTER VL

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. 37

Union, embraces an area of 448,961 square miles. It
extends along the Pacific coast, from about the thirty-
second parallel of north latitude, a distance of near
seven hundred miles, to the forty-second parallel, the
southern boundary of Oregon. On the east, 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 pouring 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 the aborigines, that
attracted their curiosity. A nation'* 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.

m

Guards of Cliarles 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 ob the
west by the Sacramento river. Having purchased
the stock, arms, and ammunition of the Russian
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
fo 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 years
in the immediate vicinity of the recently discovered
flacSras, 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 Francfsco, and of the Sacramento River and
its tributaries, were made by Lieutenant 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 thes^ officers made any
discoveries of minerals, although they were led to
conjecture, as private individuals who had visited the

* Farnham's Adventures in California.— Wilkes's Narrative of the
Exploring Expedition.— Fremont's Narrative.

HISTORY OF CALIFORNIA. 39

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, and 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.

♦ Sec Farnham's Adventures- Wilkes's and Fremont's Narratives,
and Emory''8 Report — In 184G, Eugenic 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 establisljing 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 Father Macnamara was aware of the existence of gold in tlitf
valley of the San Joaquin.

40 HISTORY OF CALIFORNIA.

Business of every kind was neglected, and the
ripened grain was left in the fields unharvested.
Kcarly the whole population of Upper California he-
came infected with the mania, and flocked to the
mines. AVhalers and merchant vessels entering the
ports were abandoned bj 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 10th Mili-
tary Department, August 17, 1848.— Letters of Thomas C. Larkin,
U. S. Consul at Monterey, to the Secretary of State, June 1, and
June 28, 1848.

I

f I

i

HISTORY OF CALIFOENIA. 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 "svere
also made in the valley of the San Joaquin, -which
resulted in the discovery of gold on the Cosumn^s
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 bein^
applied by a very rude process, — yielded 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 profitable — 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, zinc, and
cobalt, were discovered every where ; coal was found
to exist in large quantities in the Cascade range of
Oregon, 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
empties into the main river about fifteen miles above New Helvetia.
Though the Sacramento is navigable for vessels only to that place,
boats can pass up one hundred miles further.

42 HISTORY OF CALIFORNIA.

are immense quarries of marble and granite, for
building purposes.

Colonel Mason had succeeded Colonel Fremont in
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, arid
proceeded 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-T\oven 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, Tvith 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-
ins motion to the machine ; while a fourth dashes on
water from the stream itself.

" The sieve keeps the coarse stones from entering
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 black 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 a day. 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 HISTOllY OF CALIFORNIA.

three pieces, 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 a rock. This gold cannot have been car-
ried far bv 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 Julv 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 creek) 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 suflficient quantities to
satisfy them. I send you a small 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 small side
valleys that put into it. These latter are exceedingly
rich, and two ounces were considered an ordinary yield
for a day's work. A small gutter not more than a
hundred yards long, by four feet wide and two or three
feet deep, was pointed out to me as the one where two
men — William Daly and Parry McCoon — had, a short

HISTORY OF CALIFORXIA. 45

time before, obtained §17,000 worth of gold. Captain
Weber informed me that he knew that these two men
had employed four white men and about a hundred
Indians, and that, at the end of one week's work, they
paid off their party, and had left §10,000 worth of
this gold. Another small ravine was shown me, from
which had been taken upward of §12,000 worth of
gold. Hundreds of similar ravines, to all appearances,
are as yet untouched. I could not have credited these
reports, had I not seen, in the abundance of the pre-
cious metal, evidence of their truth.

'' Mr. Neligh, an agent of Commodore Stockton,
had been at work about three weeks in the neighbor-
hood, and showed me, in bags and bottles, over §2000
worth of gold ; and Mr. Lyman, a gentleman of edu-
cation, and worthy of every credit, said he had been
engaged, with four others, with a machine, on the
American Fork, just below Sutter's mill; that they
worked eight days, and that his share was at the rate
of fifty dollars a day; but hearing that others were
doing better at "Weber's place, they had removed there,
and were then on the point of resuming operations. I
might tell of hundreds of similar instances ; but, to
illustrate how plentiful the gold was in the pockets of
common laborers, I will mention a single occurrence
which took place in my presence when I was at
Weber's store. This store was nothing but an arbor
of bushes, under which he had exposed for sale goods
and groceries suited to his customers. A man came
in, picked up a box of Seidlitz powders, and asked the
price. Captain Weber told him it was not for sale.
The man offered an ounce of gold, but Captain Weber
told him it only cost fifty cents, and he did not wish
to sell it. The man then offered an ounce and a half,

46 niSTORY OF CALIFORNIA.

when Captain Weber had to take it. The prices of
all things are high, and yet Indians, who before hardly
knew what a breech cloth was, can now afford to buy
the most gaudy dresses.

'■^ The country en either side of Weber's creek is
much broken up by hills, and is intersected in every
direction by small streams or ravines, which contain
more or less L'old. Those that have been worked are
barely scratched ; and although thousands of ounces
have been carried away, I do not consider that a seri-
ous impression has been made upon the whole. Every
day was developing new and richer deposits ; and the
only impression seemed to be, that the metal would be
found in such abundance as seriously to depreciate in
value.

" On the 8th of July, I returned to the lower mines,
and on the following day to Sutter's, where, on the
19th, I was making preparations for a visit to the
Feather, Yuba, and Bear Rivers, when I received a
letter from Commander A. R. Long, United States
Navy, who had just arrived at San Francisco from
Mazatlan with a crew for the sloop-of-war Warren,
wuth ojders t-o take that vessel to the squadron at La
Paz. Captain Long wrote to me that the Mexican
Congress had adjourned without ratifying the treaty
of peace, that he had letters from Commodore Jones,
and that his orders wer-e to sail with the Warren on or
before the 20th of July. In consequence of these, I
determined to return to Monterey, and accordingly
arrived here on the 17th of July. Before leaving
Sutter's, I satisfied myself that gold existed in the bed
of the Feather River, in the Yuba and Bear, and in
many of the smaller streams that lie between the
lattei* and the American Fork ; also, that it had been

HISTORY OF CALIFORNIA. 47

found in the Cosumncs to the south of the American
Fork. In each of these streams the gold is found in
small scales, whereas in the intervening mountains it
occurs in coarser lumps.

"Mr. Sinclair, whose rancho is three miles above
Sutter's, on the north side of the American, employs
about fifty Indians on the north fork, not far from its
junction with the main stream. He had been engaged
about iive weeks when I saw him, and up to that time
his Indians had used simply closely woven willow
baskets. His net proceeds (which I saw) were about
§16,000 worth of gold. He showed me the proceeds
of his last week's work — fourteen pounds avoirdupois
of clean-washed gold.

" The principal store at Sutter's Fort, that of
Brannan and Co., had received in payment for goods
$36,000 (worth of this gold) from the 1st of May to
the 10th of Julv. Other merchants had also made
extensive sales. Large quantities of goods were daily
sent forward to the mines, as the Indians, heretofore
so poor and degraded, have suddenly become con-
sumers of the luxuries of life. I before mentioned
that the greater part of the farmers and rancheros
had abandoned their fields to go to the mines. This
is not the case with Captain Sutter, who was carefully
gathering his wheat, estimated at 40,000 bushels.
Flour is already worth at Sutter's thirty-six dollars a
barrel, and soon will be fifty. Unless large quantities
of breadstufi's reach the country, much sufi'ering will
occur ; but as each man is now able to pay a large
price, it is believed the merchants will bring from Chili
and Oregon a plentiful supply for the coming Avinter.
" The most moderate estimate I could obtain from
men acquainted with the subject, was, that upward of

48 HISTORY OF CALIFORNIA.

four thousand men were working in the gold district,
of whom more than one-half were Indians ; and that
from $30,000 to §50,000 worth of gold, if not more,
•was daily obtained. The entire gold district, with
very few exceptions of grants made some years ago
by the Mexican authorities, is on land belonging to
the United States. It was a matter of serious reflec-
tion with me, how I could secure to the government
certain rents or fees for the privilege of procuring
this gold ; but upon considering the large extent of
country, the character of the people engaged, and the
small scattered force at my command, I resolved not
to interfere, but to permit all to work freely, unless
broils and crimes should call for interference. I was
surprised to hear that crime of any kind was very un-
frequent, and that no thefts or robberies had been
committed in the gold district.

" All live in tents, in bush arbors, or in the open air ;
and men have frequently about their persons thousands
of dollars worth of this gold, and it was to me a mat-
ter of surprise that so peaceful and quiet state of
things should continue to exist. Conflicting claims to
particular spots of ground may cause collisions, but
they will be rare, as the extent of country is so great,
and the gold so abundant, that for the present there
is room enough for all. Still the government is entitled
to rents for this land, and immediate steps should be
devised to collect them, for the longer it is delayed
the more difficult it will become. One plan I would
suggest is, to send out from the United States survey-
ors with high salaries, bound to serve specified periods.

" The discovery of these vast deposits of gold has
entirely changed the character of Upper California.
Its people, before engaged in cultivating their small

w=^

lii#

v^y/r'^sJ^

'%

'1-

i?^

y.

C

HISTORY OF CALIFORNIA. 49

patches of ground, and guarding their herds of cattle
and horses, have all gone to the mines, or are on their
way thither. Laborers of every trade have left their
work benches, and tradesmen their shops. Sailors
desert their ships as fast as they arrive on the coast,
and several vessels have gone to sea with hardly
enough hands to spread a sail. Two or three are now
at anchor in San Francisco with no crew on board.
Many desertions, too, have taken place from the gar-
risons within the influence of these mines ; twentv-six
soldiers have deserted from the post of Sonoma,
twenty-four from that of San Francisco, and twenty-
four from Monterey. For a few days the evil appeared
so threatening, that great danger existed that the gar-
risons would leave in a body ; and I refer you to my
orders of the 2oth of July, to show the steps adopted
to meet this contingency. I shall spare no exertions
to apprehend and punish deserters, but I believe no
time in the history of our country has presented such
temptations to desert as now exist in California.

^' The danger of apprehension is small, and the
prospect of high wages certain ; pay and bounties are
trifles, as laboring men at the mines can now earn in
one day more than double a soldier's pay and allow-
ances for a month, and even the pay of a lieutenant
or captain cannot hire a servant. A carpenter or
mechanic would not listen to an ofi'er of less than
fifteen or twenty dollars a day. Could any combina-
tion of aff'airs try a man's fidelity more than this ? I
really think some extraordinary mark of favor should
be given to those soldiers who remain faithful to their
flag throughout this tempting crisis.

"Many private letters have gone to the United
States, giving accounts of the vast quantity of gold

5

50 HISTORY OY CALIFORXIA.

recently discovered, and it may be a matter of surprise
■\vhy I have made no report on this subject at an earlier
date. The reason is, that I could not bring myself
to believe the reports that I heard of the wealth of
the frold district until I visited it myself. I have no
hesitation now in savincr that there is more gold in the
country drained by the Sacramento and San Joaquia
Rivers than will pay the cost of the present war with
Mexico a hundred times over. No capital is required
to obtain- this gold, as the laboring man wants nothing
but his pick and shovel and tin pan, with which to dig
and wash the gravel ; and many frequently pick gold
out of the crevices of the rocks with their butcher
knives, in pieces of from one to six ounces.

" Mr. Dye, a gentleman residing in Monterey, and
worthy of every credit, has just returned from Feather
River. He tells me that the company to which he
belonged worked seven weeks and two days, with an
average of fifty Indians (washers,) and that their gross
product was two hundred and seventy-three pounds
of gold. His share (one seventh,) after paying all
expenses, is about thirty-seven pounds, which he
brought with him and exhibited in Monterey. I see
no laboring man from the mines who does not show
his two, three, or four pounds of gold. A soldier of
the artillery company returned here a few days ago
from the mines, having been absent on furlough twenty
days. He made by trading and working, during that
time, $1500. During these twenty days he was
travelling ten or eleven days, leaving but a week in
which he made a sum of money greater than he re-
ceives in pay, clothes, and rations, during a whole
enlistment of five years. These statements appear
incredible, but they are true.

uistohy of calipornia. 51

" Gold is also believed to exist on the eastern slope
of the Sierra Nevada ; and -when at the mines, I was
informed by an intelligent Mormon that it had been
found near the Great Salt Lake by some of his frater-
nity. Nearly all the Mormons are leaving California
to go to the Salt Lake, and this they surely would not
do unless they were sure of finding gold there in the
same abundance as they now do on the Sacramento.

"" The gold ' placer' near the mission of San Fer-
nando has lonfj been known, but has been little wrouorht
for want of water. This is a spur which puts off from
the Sierra Nevada (see Fremont's map,) the same in
which the present mines occur. There is, therefore,
every reason to believe, that in the intervening spaces,
of five hundred miles (entirely unexplored) there must
be many hidden and rich deposits. The ' placer' gold
is now substituted as the currency of this country ; in
trade it passes freely at §16 per ounce ; as an article
of commerce its value is not yet fixed. The only
purchase I made was of the specimen No. 7, which I
got of Mr. Neligh at §12 the ounce. That is about
the present cash value in the country, although it has
been sold for less. The great demand for goods and
provisions, made by this sudden development of wealth,
has increased the amount of commerce at San Fran-
cisco very much, and it will continue to increase."

The Californian, published at San Francisco on the
14th of August, furnishes the following interesting
account of the Gold Region :

"It was our intention to present our readers with a
description of the extensive gold, silver, and iron mines,
recently discovered in the Sierra Nevada, together
with some other important items, for the good of the
people, but we are compelled to defer it for a future

~ ^

52 HISTORY OF CALIFORNIA.

number. Our prices current, many valuable commu-
nications, our marine journal, and other important
matters, have also been crowded out. But to enable
our distant readers to draw some idea of the extent
of the gold mine, we will confine our remarks to a few
facts. The country from the Ajuba to the San Joaquin
rivers, a distance of about one hundred and twenty
miles, and from the base toward the summit of the
mountains, as far as Snow Hill, about seventy miles,
has been explored, and gold found on every part.
There are now probably 3000 people, including Indians,
engaged collecting gold. The amount collected by
each man who works, ranges from §10 to §350 per
day. The publisher of this paper, while on a tour
alone to the mining district, collected, with the aid
of a shovel, pick and tin pan, about twenty inches in
diameter, from §44 to §128 a day — averaging §100.
The gross amount collected will ' probably exceed
§600,000, of which amount our merchants have re-
ceived about §250,000 worth for goods sold ; all within
the short space of eight weeks. The largest piece of
gold known to be found weighed four pounds.

" Labor has ever been high in California, but pre-
vious to the discovery of the placera gold, the rates
ranged from §1 to §3 per day. Since that epoch
common labor cannot be obtained, and if to be had,
for no less price than fifty cents per hour, and that the
most common. Carpenters and other mechanics have
been ofi'ered §15 a day, but it has been flatly refused.
Many of our enterprising citizens were largely engaged
in building, and others wish to commence on dwellings,
warehouses, and the like, but all have had to suspend
for the lack of that all important class of community,
the working men."

HISTORY OF CALIFORNIA. 53

The following extracts from the published journal
of a physician in California, give accounts of the recep-
tion of the news of the gold discovery in San Fran-
cisco, with its consequent effects.

" May 8th. — Captain Fulsom called at Sweeting's
to-day. He had seen a man this morning, who reported
that he had just come from a river called the American
Fork, about one hundred miles in the interior, where
he had been gold washing. Captain Fulsom saw the
gold he had with him ; it was about twenty-three
ounces weight, and in small flakes. The man stated
that he was eight days getting it, but Captain Fulsom
hardly believed this. He says that he saw some of
this gold a few weeks since, and thought it was only
*mica,' but good judges have pronounced it to be
genuine metal. He talks, however, of paying a visit
to the place where it is reported to come from. After
he was gone, Bradley stated that the Sacramento,
settlements, which Malcolm wished to visit, were in
the neighborhood of the American Fork, and that we
might go there together ; he thought the distance was
only one hundred and twenty miles.

" May 10th. — Yesterday and to-day nothing has
been talked of but the new gold ' placer,' as people
call it. It seems that four other men had accompanied
the person Captain Fulsom saw yesterday, and that
they had each realized a large quantity of gold. They
left the ' diggings' on the American Fork, (which it
seems is the Rio de los Americanos, a tributary to the
Sacramento) about a week ago, and stopped a day or
two at Sutter's Fort, a few miles this side of the dig-
gings, on their way ; from there they had travelled
by boat to San Francisco. The gold they brought
has been examined by the first Alcalde here, and by

54 HISTORY OF CALIFORNIA.

all tlie merchants in tlie place. Bradley showed us a
lump weighing a quarter of an ounce^ which he had
bought of one of the men, and for which he gave him
three dollars and a half. I have no doubt in mj own
mind about its being genuine gold. Several parties,
we hear, are already made up to visit the diggings ;
and, according to the newspaper here, a number of
people have actually started off with shovels, mattocks,
and pans, to dig the gold themselves. It is not likely^
however, that this will be allowed, for Captain Fulsom
has already written to Colonel Mason about taking
possession of the mine on behalf of the government,
it being, as he says, on public land.

" May Vlth, — This place is now in a perfect furor of
excitement ; all the work-people have struck. Walking
through the town to-day, I observed that laborers
were employed only upon about half-a-dozen of the
fifty new buildings which were in the course of being
run up. The majority of the mechanics at this place
are making preparations for' moving off to the mines,
and several hundred people of all classes — lawyers,
store-keepers, merchants, &c., — are bitten with the
fever ; in fact, there is a regular gold mania springing
up. I counted no less than eighteen houses which were
closed, the owners having left."

The mania continued to increase, and within a few
months all the principal towns were nearly emptied
of their population. Gold was the universal object,
and splendid and rapid fortune the universal hope.
No occupation seemed to offer such a prospect as that
of digging gold, and, accordingly, those who were not
able to bear the fatigues of such W9rk, or were at the
head of any sort of business in the different towns, had
to pay enormous prices for the labor of subordinates

HISTORY OF CALIFORNIA. 55

who performed the meanest services. The prices of
all agricultural and manufactured products became
treble the previous rates.

Soon came the first waves of the tide of emigration
that was to flood the placers of the gold region. The
first influx consisted of Mexicans of the province of
Sonoma, Chilians, and some few Chinese. These,
principally took possession of the southern mines, or
those on the San Joaquin and its tributaries. Some
few stopped at San Francisco, and secured lots of
ground which they knew would become very valuable
in a short time, and erected temporary stores and
dwellings. This gave the impulse to the progress of
the town, and it soon advanced rapidly in size and
population. Then came the emigration from the
Atlantic States of the Union, and the whole territory
felt the progressive and enterprising spirit of the gold-
seekers. The Americans generally took possession
of the mines upon the northern tributaries of the
Sacramento River ; but as their numbers increased
they pushed towards the southern mines, and frequent
collisions with the foreigners were the consequence-
Finally, a great number of the latter were compelled
to leave the country.

)

Jl

66 HISTORY OF CALIFORKIA.

^\

CHAPTER VIL

ADVENTURES OF SOME OF THE MINERS, AND INCIDENTS
CONNECTED WITH MINING.

The adventui'es of the eager gold-seekers in the
region of their hopes, among the washings and the
diggings of the jj'Zacers, cannot but be interesting.
The toil to which the men have to submit if they would
obtain any thing like a satisfaction to their desires, i&
of a very irksome character. In the summer season,
the heat is intense, and the principal part of the labor
of washing and digging must be performed exposed to
the full blaze of the sun. In the " dry diggings,"
the miners suffer greatly from the want of water.
Most of the provisions having to be transported from
the towns on the Sacramento and San Joaquin, soon
grow unwholesome from exposure to the sultry air of
the day and the damp air of the night. This diet,
conjointly with the exposure of the miners, tends to
produce intermittent fever and dysentery. The miners
generally reside in huts of a rude construction, or in
canvas tents, which afford but poor protection from
the changes of the weather.

The most prominent man in the neighborhood of
the "diggins," is Captain Sutter, the Daniel Boone
of that part of the country. He was formerly an
officer in the Swiss guards of Charles X. of France.
After the revolution of 1830, in that country, he came
to the United States. Emigrating to California, ho
obtained a grant of land from the Mexican govern-

HISTORY OF CALIFORJsIA. 6T

ment, and founded the settlement kno"^'n as Sutter's
Fort. Upon his land, the first discovery of the rich-
ness of the soil was made, and his house and the
settlement around it has been, ever since, the resort
of persons going to and from the ^^/acers, and a depot
for provisions and articles used by the miners. Stores
and workshops have been established, and a consider-
able amount of business is transacted there. Captain
Sutter is held in very great respect by the people of
the settlement and those stopping at his house on the
road to the placers. Several versions of the account
of the discovery of the gold mines have been circu-
lated, but the true one, in the Captain's own words,
is given in a work recently published.* The account
is here inserted, both on account of the interest con-
nected with the discovery, and in order to correct
wrong versions of the matter.

• *'I was sitting one afternoon," said the Captain,
"just after my siesta, engaged, by-the-bye, in writing
a letter to a relation of mine at Lucerne, when I was
interrupted by Mr. Marshall — a gentleman with whom
I had frequent business transactions — bursting hur-
riedly into the room. From the unusual agitation in
his manner, I imagined that something serious had
occurred, and, as we involuntarily do in this part of
the world, I at once glanced to see if my rifle was in
its proper place. You should know that the mere
appearance of Mr. Marshall at that moment in the
fort was quite enough to surprise me, as he had but
two days before left the place to make some altera-
tions in a mill for sawing pine planks, which he had
just run up for me, some miles higher up the Ameri-

* Four Months Among the Gold Finders of California, by J. Tyr-
whit Brooks, M. D.

58 HISTORY OF CALIFORNIA.

canos. When he had recovered himself a little, he
told me that, however great my surprise might be at
his unexpected reappearance, it would be much greater
when I heard the intelligence he had come to bring
me. 'Intelligence,' he added, 'which, if properly
profited bv, would put both of us in possession of un-
heard-of wealth— millions and millions of dollars, in
fact.' I frankly own, when I heard this, that I thought
something had touched Marshall's brain, when sud-
denly all my misgivings were put an end to by his
flinging on the table a handful of scales of pure virgin
gold. I was fairly thunderstruck, and asked him to
explain what all this meant, when he went on to say,
that, according to my instructions, he had thrown the
mill-wheel out of gear, to let the whole body of the water
in the dam find a passage through the tail-race, which
was previously too narrow to allow the water to run
oflf in sufficient quantity, whereby the wheel was pre-
vented from efficiently performing its work. By this
alteration the narrow channel was considerably en-
larged, and a mass of sand and gravel carried off by
the force of the torrent. Early in the morning after
this took place, he (Mr. Marshaill) was walking along
the left bank of the stream, when he perceived some-
thing which he at first took for a piece of opal — a
clear transparent stone, very common here — glittering
on one of the spots laid bare by the sudden crumbhng
away of the bank. He paid no attention to this ; but
while he was giving directions to the workmen, having
observed several similar glittering fragments, his
curiosity was so far excited, that he stooped down and
picked one of them up. ' Do you know,' said Mr.
Marshall to me, ' I positively debated within myself
two or three times whether I should take the trouble

HISTORY OF CALIFORNIA. 59

to bend mj hack to pick up one of the pieces, and had
decided on not doing so, when, further on, another
glittering morsel caught my eye — the largest of the
pieces now before you. I condescended to pick it up,
and to my astonishment found that it was a thin scale
of what appears to b.e pure gold.' He then gathered
some twenty or thirty similar pieces, which on exami-
nation convinced him that his suppositions were right.
His first impression was, that this gold had been lost
or buried there by some early Indian tribe — perhaps
some of those mysterious inhabitants of the West, of
whom we have no account, but who dwelt on this con-
tinent centuries ago, and built those cities and tem-
pleSj the ruins of which are scattered about these
solitary wilds. On proceeding, however, to examine
the neiojhborinf' soil, he discovered that it was more or
less auriferous. This at once decided him. He mounted
his horse, and rode down to me as fast as it would
carry him, with the news.

"At the conclusion of Mr. Marshall's account,"
continued Captain Sutter, " and when I had convinced
myself, from the specimens he had brought with him,
that it was not exaggerated, I felt as much excited as
himself. I eagerly infjuired if he had shown the gold
to the work people at the mill, and was glad to hear
that he had not spoken to a single person about it.
We agreed," said the Captain, smiling, " not to men-
tion the circumstance to any one, and arranged to set
off early the next day for the mill. On our arrival,
just before sundown, we poked the sand about in
various places, and before long succeeded in collecting
between us, more than an ounce of gold, mixed up
with a good deal of sand. I stayed at Mr. Marshall's
that night, and the next day we proceeded some little

00 HISTORY OF CALIFORNIA.

distance up tlie South Fork, and found that gold
existed along the whole course, not only in the bed of
the main stream, where the water had subsided, but
in every little dried-up creek and ravine. Indeed, I;
think it is more plentiful in these latter places, for I
myself, with nothing more than a^ small knife, picked ■
out from a dry gorge, a little way up the mountain, a
solid lump of gold which weighed nearly an ounce and
a half.

" On our return to the mill, we were astonished by
the work-people coming up to us in a body, and show-
ing us small flakes of gold similar to those we had
ourselves procured. Marshall tried to laugh the mat-
ter off with them, and to persuade them that what they
had found was only some shining mineral of trifling
value ; but one of the Indians, who had worked at the
gold mine in the neighborhood of La Paz, in Lower
California, cried out, ^ Oro ! oro !' We were disap-
pointed enough at this discovery, and supposed that
the work-people had been watching our movements,
although we thought we had taken every precaution
against being observed by them. I heard, afterwards,
that one of them, a sly Kentuckian, had dogged us
about, and that, looking on the ground to see if he
could discover what we were in search of, he had
lighted on some flakes of gold himself.

" The next day I rode back to the Fort, organized
a laboring party, set the carpenters to work on a few-
necessary matters, and the next day, accompanied
them to a point of the Fork, where they encamped
for the night. By the following morning I had a
party of fifty Indians fairly at work. The way we
first managed was to shovel the soil into small buckets,
or into some of our famous Indian baskets ; then wash

niSTOIlY OF CALIFORNIA. 61

all the light earth out, and pick away the stones ;
after this, yre dried the sand on pieces of canvas, and
with long reeds blew away all but the gold. I have
now some rude machines in use, and upwards of one
hundred men employed, chiefly Indians, who are well
fed, and who are allowed whisky three times a day.

" The report soon spread. Some of the gold was
sent to San. Francisco, and crowds of people flocked
to the diofdno-s. Added to this, a large emio;rant
party of Mormons entered California across the Rocky
Mountains, just as the afi'air was first made known.
They halted at once, and set to work on a spot some
thirty miles from here, where a few of them still re-
main. When I was last up to the diggings, there were
full eight hundred men at work, at one place and
another, with perhaps something like three hundred
more passing backwards and forwards between here
and the mines. I at first imafrined that the cjold
would soon be exhausted by such crowds of seekers,
but subsequent observations have convinced me that it
will take many years to bring about such a result,
even with ten times the present number of people
employed.

"What surprises me," continued the Captain, "is,
that this country should have been visited by so many
scientific men, and that not one of them should have
ever stumbled upon the treasures ; that scores of
keen-eyed trappers should have crossed this valley in
every direction, and tribes of Indians have dwelt in it
for centuries, and yet that this gold should have never
been discovered. I myself have passed the very spot
abovo a hundred times during the last ten years, but
was just as blind as the rest of them, so I must not
wonder at the discovery not having been made earlier."

6

62 HISTORY OF CALIFORJaA.

•

The plan of operations adopted by most of tlie
miners who were not Indians or Californians, was to
form bands of three, five or ten, under the command
of one of the number, whose name the party took, and
by wliich it was afterwards known. Some larger
companies were formed in the United States, and
repaired to California, and their operations were of
course, on a more extensive scale ; tlicy having all
the necessary equipments of gold-washers and miners.
Written rules were generally drawn up for the govern-
ment of the parties, varying in particulars according
to the peculiar views of the framers. These rules
provided for the modus operandi of procuring the
gold, supplying the party with necessaries, attending
to the sick, and the division of the fruits of their labor.

One of the most frequented placers of California is
called the Stanislaus mine, situated near the Stanis-
laus River. It was one of the first places worked to
any extent by the gold-seekers, but not satisfying the
expectations of some of the most greedy, it has since
been partially abandoned. A description of this mine,
and of the living and operations of its workers in the
winter of 1848-49, will give a good general idea of the
toils and privations endured by the early gold-seekers in
that region, and, also, of their mode of procuring the
precious metal at most of the mines. We extract
from a recently published work, distinguished for
minuteness of detail and accuracy of description.*

" The mine w^as a deep ravine, embosomed amidst
lofty hills, surmounted by, and covered with pine, and
having, in the bottom itself, abundance of rock, mud,
and sand. Ilalliday and I encamped at the very

* Personal Adventures in Upper and Lower California, by William
Redmond Ryan.

HISTOnY OF CALIFORNIA. 63

lowest part of the ravine, at a little distance from Don
Emanuel's party ; a steep rock which towered above
our heads affording us shelter, and a huge, flat stone
beneath our feet promising a fair substitute for a dry
bed. Here then we stretched our macheers and
blankets, and arranged our saddles and bags, so as to
make ourselves as comfortable and warm as possible,
although, in spite of our precautions and contrivances,
and of a tolerably good fire, our encampment was
bitterly cold, and we lay exposed to a heavy dew.
"VYe had given up our horses into the charge of the
Indians, and I saw to their being safely placed in the
cavallard, whilst Halliday went to chop wood ; a task
I was too weak to perform. I cannot say we slept ;
we might more correctly be said to have had a long
and most uncomfortable doze, and when morning
broke, we were shivering with cold, and shook the
dew in a shower from our clothes. I consulted with
my companion, and urged upon him the prudence of
our settinf]' to work to construct ourselves a sort of los
cabin ; otherwise I felt certain, from the experience
of th^ past night, our sojourn at the mines would be
likely to prove fatal to one or both of us. He was,
however, far too eager to try his fortune at digging
to listen to my proposal, at which he even smiled,
probably at the bare idea of weather, privation, or
toil, being able- to affect his powerful frame. I saw
him presently depart up the ravine, shouldering a pick,
and glancing now and then at his knife, whilst I pro-
ceeded in search of materials for constructing a tem-
porary place of shelter.

" As my strength was unequal to the task of felling
timber, I endeavored to procure four poles, intending
to sink them into the ground, and to stretch on the

64 HISTORY OF CALIFORNIA.

top of them a bed-tick I had reserved for the purpose.
The contrivance was a sorry one at the best, but
shelter was indispensable; and great Avas my disap-
pointment— though I procured the timber after a pain-
ful search — to find that the rocks presented an insu-
perable obstacle to my employing it as I intended.
My efforts to sink the poles proved utterly futile, and
I was at last compelled to renounce the attempt in
despair. I then packed up our goods into as close a
compass as possible ; and, having requested one of
the Spaniards in Don Emanuel's party to keep watch
over them, departed to explore the ravine.

" Within a few paces of our encampment there was
a large area of ground, probably half a mile square,
the surface of which consisted of dark soil and slate,
and was indented with innumerable holes of every
possible dimension, from six inches to as many feet or
more, wide and deep. In all of these lay abundance
of water, of which large quantities are to be found a
little beneath the surface, the ravine being supplied
with it in great abundance by the rains that pour
down from the hills during the wet season. To the
extreme right of our camp, the ground assumed a
more rocky character ; and, from the vast deposit of
stagnant water, did not seem to offer many attractions
to the miners. Yet there was scarcely a spot in any
of these places where the crow-bar, the pick, or the
jack-knife, had not been busy : ' evidence that the
whole locality must have been extremely rich in the
precious metal, or it would not have been so thoroughly
worked.

" In crossing the ravine, I was obliged to leap from
one mound of earth to another, to avoid plunging
ancle-deep in mud and water. It was wholly deserted

LIFE AT THE DIGGINS— SUPPER TIME.

m nrsTORr of California. 65

in this part, thoigh formei'ly so much frequented; and,
with the exception of a few traders, who, having taken
up their station here when times were good, had not
yet made arrangements for removing to a more pro-
ductive place, not a soul w^s to be seen.

'* I walked on until I reached the trading-post of
Mr. Anderson, formerly our interpreter in the Lower
Country, whom I felt deligiited to meet with again.
His shed was situated in one of the dampest parts of
the mine, and consisted of a few upright poles, tra-
versed by cross-pieces, and covered in with raw hides
and leaves, but yet much exposed at the sides to the
wind and the weather. lie had a few barrels of flour
and biscuit, which he retailed at two dollars a pound ;
for he made no difference between the price of the
raw and the prepared material. The flour would go
further, it was true ; but then the biscuit required no
cooking on the part of the miner, whose time was
literally money, and whose interest therefore it was to
economize it in every possible manner. He also sold
unprepared coffee and sugar at six Yankee shillings a
pound ; dried beef at one dollar and a half ; and
pork, which was regarded as a great delicacy here, at
two dollars for the same weight. The various articles
of which his stock-in-trade consisted he had brouo-ht
all the way from Monterey at considerable labor and
expense ; but, by the exercise of extraordinary tact,
perseverance, and industry, he had succeeded in esta-
blishing a flourishing business.

" I discovered, however, that he possessed another
resource — by which his gains were marvellously in-
creased— in the services of seven or eight Indians,
whom he kept constantly at work, in the rear of his
shed, digging gold, and whose labor he remunerated

6*

QQ HISTOr.Y OF CALirORNIA.

with provisions, and occasional presents of articles of
trifling value to him, but highly esteemed by the
Indians. They were watched by an American over-
seer, who was employed by him, to assist in the general
busine,ss, particularly in slaughtering ; for, as beef
was scarce, he used to send his man in quest of cow^s
and oxen; which he killed, cut up, salted and dried,
in his shed, and watching the most favorable moment
for the operation — namely, when meat could not be
procured at the ' diggins' — never failed to realize his
own price for it.

"Proceeding higher up the ravine, I observed a
large tent erected on the slope of a hill, within a few
yards of the bottom, where the gold is usually found.
It was surrounded by a trench, the clay from which,
as it was dug up, had apparently been thrown out
against the canvas, forming a kind of embankment,
rendering it at once water and weather-proof. I ven-
tured into it, encountering on my way an immense
piece of raw beef, suspended from the ridge-pole.
Upon some stones in front, inclosing a small fire, stood
a frying-pan, filled with rich looking beef collops,
that set my mouth watering, and severely tested my
honesty ; for, although acorns are all very well in
their way, and serve to stay the cravings of the
stomach for awhile, I did not find my appetite any the
less sharp, notwithstanding the quantity I had eaten.
But I resisted the temptation, and penetrated further
into the tent. At one side of it lay a crow-bar, and
an old saddle that had seen rough service ; yet not a
soul appeared, and my eyes were again ogling the
collops, whilst an inward voice whispered how impru-
dent it was to leave them frizzling there, when, all at
once, a little man, in a ' hickory shirt,' with his faco

HISTORY OF CALIFORNIA. 67

ail bedaubed witli pot-black and grease, darted out of
some dark corner, flourishing in one hand a long bowie
knife, and in the other three by no means delicate
slices of fat pork, Avhich he at once dropped into the
frying-pan, stooping down on one knee, and becoming
immediately absorbed in watching the interesting
culinary process then going on in it.

"' I came up next with a group of three Sonomeans,
or inhabitants of Sonoma, busily engaged on a small
sandy flat — the only one I had observed — at the bot-
tom of the ravine. There was no water near, although
I noticetl several holes which had evidently been sunk
in quest of it. These men were actively pursuing a
process that is termed 'dry-washing.' One was
shovelling up the^ sand into a large cloth, stretched
out upon the ground, and which, when it was tolerably
well covered, he took up by the corners, and shook
until the pebbles and larger particles of stone and dirt
came to the surface. These he brushed away care-
fully with his hand, repeating the process of shaking
and clearing until the residue was sufficiently fine for
the next operation. This was performed by the other
men, who, depositing the sand in large bowls hewn
out of a solid block of wood, which they held in their
hands, dexterously cast the contents up before them,
about four feet« into the air, catching the sand a^ain
very cleverly, and blowing at it as it descended. This
process being repeated, the sand gradually disap-
peared, and from two to three ounces of pure gold
remained at the bottom of the bowl. Easy as the
operation appeared to me to be, I learned, upon in-
quiry, that to j)erform it successfully required the
nicest management, the greatest perseverance, and
especially robust lungs. The men I saw had lighted

'68 HISTORY OF CALIFORNIA.

upon a productive sand ; but very often, indeed, those
who adopt this mode of gold washing toil long at bar-
ren soil before they discover the uselessness of labor-
ing thus arduously.

'' I noticed, that although the largest proportion of
the gold obtained in this manner presented the appear-
ance of a fine powder, it was interspersed, here and
there, with large scales of the precious deposit, and
with a few solid lumps. The metal was of a dingy
hue, and, at a cursory view, might easily have been
mistaken for particles of yellow clay, or laminae of
stone of the same color. The Sonomeans placed the
product of their labor in buckskin bags, which were
hung around their necks, and carefully concealed
inside of their shirts. They work in this fashion at
the mines in their own country ; but I doubt if any
other than a native constitution could very long bear
up against the peculiar labor of ' dry-washing' in such
a climate and under such difficult circumstances. I
felt half tempted to try the process myself, for the
surface of this sandy bed was literally sparkling with
innumerable particles of the finest gold, triturated to
a polish by the running of the waters — as I conjec-
tured ; but I soon discovered how fruitless my efforts
would be. Had I possessed any chemical agents at
hand, however, I might soon have exhausted the bed
of its precious contents, and should, doubtless, have
realized an immense weight of the metal of the very
purest quality.

" I may as well mention here, that of the various
new machines manufactured and sent out to Califor-
nia for the purpose of digging and washing gold, the
great majority have been found quite useless. There
are two or three of them, however, that have been

HISTORY OF CALIFORNIA. 69

employed Tvith great success. I have made a sketch
of those most in use amongst the diggers, as my
readers may feel desirous of acquainting themselves
with the latest improvements introduced in the art of
mining, as practised in this country. They consist,
in the first place, of the washing-rocker, or ^ cradle,'
which has, in numerous instances, formed the model
for ruder machines, constructed by the miners them-
selves, whilst in the mountains. The lid, at the bottom
of which lie the holes through which the gold and soil
pass, is fastened by hinges at the back, in order that
it may be raised up, the more readily to throw off,
from time to time, the stones that accumulate. Three
men are required to work this rocker with success,
and there are few processes in which a smaller num-
ber could operate without extraordinary labor. One
person throws the soil upon the lid, another pours on
the water, whilst a third is engaged in rocking the
cradle by the handle attached to it for the purpose.
In this way these men keep each other constantly
employed ; and, indeed, this cradle, like its prototype,
has often proved the bond of union between indi\iduals
who would otherwise have separated, for this simple
reason, that one man could not work it half so profit-
ably alone. The cross pieces, observable at the bot-
tom, serve to intercept the gold as it flows towards
the smaller end of the machine, whilst the dirt is
carried off by the admixture with the water produced
by the continual 'rocking.' As the earth becomes
thoroughly dissolved, the gold naturally gravitates to
the bottom ; and thus it is impossible for any but the
very finest particles of the ore to escape.

" The second machine, in importance, is the gold-
borer. It is particularly useful in examining the

70 HISTORY OF CALIFOENIA.

bottom of streams, and consists of a short conical
cylinder at the end of a long handle, containing inside,
at its louver extremity, a valve, arranged so as to
admit the earth and gold, and prevent their escaping
when the receptacle is full. This instrument is used
in the same manner as an augur. The third machine,
the pan, is also of late introduction, but has been
found rather too deep for the purpose for which it is
intended.

"Notwithstanding the success which seemed to
attend the labors of the Sonomeans, I subsequently
discovered that the entire quanity of gold thus painfully
obtained, disappeared at the gambling-stalls. They
were generally clad most wretchedly, many of them
wearing nothing more than a dirty shirt, a pair of
light pantaloons, and the wide sombrero peculiar to the
inhabitants of this country and Mexico. Some few
sported a serapa, but they were men of superior native
rank, of which this garment is a distinctive character-
istic.

" Continuing my route up the ravine, I met a man
named Corrigan, galloping along with two fine horses,
one of which he was leading. He stopped as soon as
he recognized me, and we were soon engaged in a very
interesting conversation respecting the doings at the
*diggins.' The substance of his information was, that
he had made a great deal of money at the mines by
digging, but infinitely more by speculation. He thought
of buying a ranchS, marrying, and settling down. He
was then going to seek for pasture for his horses ;
and, bidding me a hasty good-bye, galloped off, and
soon disappeared.

" As I advanced, the ground became drier and more
sandy, rock and slate of various kinds abounding;

HISTORY OF CALIFORNIA. 71

some quite soft and friable, yielding readily to the
pickaxe or the crowbar ; and, in other places, so hard
as to resist the utmost strength of the miners. Several
of the diggers were perseveringly exploring the locali-
ties where the rotten sorts of slate were found in the
largest quantities, and I saw them pick out a good
deal of gold with their jack-knives. Their principal
aim was to discover what they termed 'a pocket,'
which is nothing more than a crevice between the
blocks of slate, into which a deposit of gold has been
washed by the heavy rains from the higher districts,
and which, soon accumulating, swell into rapid tor-
rents, which rush down these ravines with extraor-
dinary swiftness and force, sweeping every thing
before them.

" There did not appear to be many mining parties
at the Stanislaus at this particular period, for the
encampments were generally from two to five miles
apart, the space between them increasing the higher
you advanced towards the mountains, to the foot of
which the ravine extended — altogether, a distance of
many miles. The lower part of the mine, I concluded
from this fact, to be by far the richer, simply from
the circumstance I have mentioned ; richer, compara-
tively, because here the deposits of gold are more
easily found and extracted ; not richer, in reality, as
the metal must exist in immense quantities in the
upper regions, from which it is washed down by the
rains and floods into the lower districts. The virgin
deposit would, doubtless, be difficult to come at ; but,
if sought after at all, that it is to be sought in the
mountains and high lands, I feel persuaded.

" I turned back, after prosecuting my excursion
until the ravine became almost too rocky to allow me

.

72 HISTORY OF CALIFORNIA.

to proceed, and until I saw tliat the ' diggins' dimin-
ished materially in number. On clambering the hills
at the side, I beheld abundance of pines, oak, cedar,
and palm ; but no grass, nor vegetation of any other
kind, save prickly shrubs, with here and there a patch
of extremely dry moss. On my way back, I passed
several tents and huts erected by the miners, all of
the very poorest and most wretched description.

" I found Van Anker's party at dinner, in front of
their tent. Van showed me a leathern bag, contain-
ing several pounds' weight of very pure gold, and
which was carelessly tossed about from one to the
other for examination. It was the produce of his
morning's work, he having fortunately struck upon a
large pocket.

" On inquiring whether, as there existed such strong
temptation, robberies were not very frequent, I was
informed, that, although thefts had occurred, yet,
generally speaking, the miners dwelt in no distrust of
one another, and left thousands of dollars' worth in
gold dust in their tents whilst they were absent dig-
ging. They all felt, intuitively, that honesty was
literally the best policy, and a determination to punish
robbery seemed to have been come to by all as a
measure essential to the security and welfare of the
mining community, independent of any question of
principle.

" Gambling and drinking were carried on, I found,
to a most demoralizing extent. Brandy and cham-
pagne, whenever they were brought to the *diggins,'
realized enormous prices, varying from sixteen to
twenty dollars a bottle ; and some of the men would^
after accumulating some hundred dollars, squander the
whole in pmxhasing these beverages. Believing the

SONORIANS DRY-WASHING GOL0>

HISTORY OF CALIFORNIA. T3

supply of gold to be inexhaustible, tbej persisted in
this reckless course, and discovered only when it be-
came too late to redeem their error, that even here
gold cannot always be procured. They went on until
the placers failed to yield, and were then reduced to
great extremities.

'' The miners were by no moans averse to lending
' dust' to those who required it, notwithstanding that
the lenders often experienced some difficulty in getting
back the advance. One of Van's party, for instance,
lent another six ounces of gold, which not being
returned at the stipulated period, nor for some time
afterwards, he dunned his debtor at every meal, until
the latter, who had quietly submitted to the importu-
nity, begged him to 'just wait ten minutes, and time
it.' He shouldered his pickaxe, as he said this, and
going out of the shed, returned within the time, bring-
ing back more than sufficient to liquidate the debt.
This little incident created much amusement."

The whole of the gold region lies between the San
Joachin and Sacramento Rivers and the California
range of mountains. The principal mines are the
Towallomie, the Stanislaus, the Macalamo, the Merced,
Fremont's Diggings, or Mariposa, the Calaveras, the
Macassime, the South, Middle, and North Forks,
Bear Creek, Yuba, Feather River, and the Sacra-
mento. The mines are nothing more than so many
ravines, which run across from the range of mountains,
and are flooded by the torrents which pour down from
the upper region during the rainy season, and which
have been supposed to bring the gold down with them.

The Macalamo Dry Diggings is considered one of
the richest placers in the gold region. It is a long
ravine, the soil of which is red, and sometimes blucish

7

74 HISTORY OF CALIFORNIA.

in places, sand predominating. The blue clay is
thought to be the richest by the diggers. The sides
of the ravine are so steep and irregular, that the miners
are troubled to find resting places of a night. The
gold taken out of this mine runs large ; the average
size of the lumps being that of a pea. Pieces have
been taken out of it that weighed above two pounds.

Instances of robberv and murder have not been few in
the gold region, as might be conjectured from a know-
ledge of the motley character of the miners, and the
temptations offered to avaricious spirits. Yet, all
things considered, the number of instances will not
appear so very extraordinary. Lynch law, the only
resort of the wronged in pocket, or the friends of the
murdered, exercised its terril)le power, and tended to
prevent the crimes that would, otherwise, have been
frequent. An instance of this summary justice we
here relate, to illustrate the means by which the miners
protected their lives and property.

"A sailor, a deserter from the Ohio, took it into

his head, one night, to rob one of the volunteers, who

had set up a drinking store. He had already got two

bags, containing about five thousand dollars' worth of

gold ; but, not satisfied with them, grasped at a third,

half full of dollars in silver. The jingling of the coin

awoke the owner, who, springing up, gave the alarm,

and, after a hot pursuit, the thief was captured, and

bound to a tree until morning. At about nine, a jury

of twelve miners sat to consider the case, a volunteer

named Nutman officiating for Judge Lynch. Of

course, he was found guilty, and sentenced to be

hanged ; but, some opposition being raised to depriving

him of life, and a milder punishment suggested ; it was

finally determined that he should receive a hundred

HISTORY OF CALIFORNIA. 75

lashes on his bare back, have lils ears cut off, and his
head shaved, so that he might be every -where recog-
nized in the mining districts. This sentence gave
general satisfaction. The poor wretch was at once
fastened by his hands to the branch of a tree, and the
fellows proceeded to shave his head, whilst some
sailors of the party set to work manufacturing cats.
His feet were then tied together to the foot of the tree,
and when his head had been shaved, a doctor lopped
off his ears. He bled a good deal ; but, when the
blood was staunched, they set to flogging him, and
they didn't spare him either. After this, they kicked
him out.

*' Well, he went off, and when he was about half a
mile away, stole a mule, and rode over to the ' Cala-
Yeras' diggins, where the animal was claimed by the
owner. He was thereupon tried for mule-stealing,
and sentenced to receive another flocro^incr • but when
the miners came to strip him, they found his back so
shockingly cut up, that they took compassion on him,
and contented themselves with driving him out of the
district, where he never appeared again."

During the summer season, when exposure and
labor in the mines, together with unwholesome food,
produce a great prevalence of fever and dysentery,
the native Californians make use of a singular remedy.
It is called the temascal ; being a sort of hot air bath,
shaped something like a sentry-box. It is built of
wicker-work, and afterwards plastered with mud until
it becomes air tight. The mode of application of this
remedy is as follows : — A large fire is built close up
to the door of the structure — a narrow aperture, just
large enough for a roan to squeeze through. This is
allowed to burn itself out, having while burning.

76 ^ HISTORY OF CALIFORNIA.

heated to a very high degree the air in the interior
of the box. Into this the patient screws himself, and
there remains until a profuse perspiration is produced,
which is checked suddenly bj a plunge into the chilly
waters of the river. This is of the nature of a Thomp-
sonian remedy.

The absorbing interest with which the gold-seekers
proceed in their work is admirably depicted by one
of the adventurers, in a book published after his
return.*

" Arriving on the har^ the scene presented to us
was new indeed, and not more extraordinary than
impressive. Some with long-handled shovels, delved
among clumps of bushes, or by the side of large rocks,
never raising their eyes for an instant ; others with
pick and shovel worked among stone and gravel, or
with trowels searched under banks and roots of trees,
where, if rewarded with small lumps of gold, the eye
shone brighter for an instant, when the search was
immediately and more ardently resumed. At the
edge of the stream, or knee deep and waist deep in
water, as cold as melted ice and snow could make it,
some were washing gold with tin pans or the common
cradle rocker, while the rays of the sun were pouring
down on their heads, with an intensity exceeding any
thing we ever experienced at home, though it was but
the middle of April.

" The thirst for gold and the labor of acquisition
overruled all else, and totally absorbed every faculty.
Complete silence reigned among the miners ; they
addressed not a word to each other, and seemed averse
to all conversation. All the sympathies of common

* Sights in the Gold Region, or Scenes by the Way, by Theodore
T. Johnson.

HISTORY OF CALIFORNIA. 77

humanity, all the finer and noble attributes of our
nature seemed lost, buried beneath the soil they were
eagerly delving, or swept away with tlifc rushing waters
that revealed the shining treasure."

This extract is susrsrestive of considerable reflection.
The same amount of attention given to any pursuit
must produce results equally as satisfactory as that
given to gold-seeking. But gold carries with it such
obvious enjoyments to the grosser minds, that the
pursuit of it alone can attract their attention sufficiently
to effect any thing considerable. Could the pure
enjoyments connected with the practice of virtue be
made as obviojLis to all minds, the result would be
something at which the philanthropist might rejoice.

The extremes of heat and cold, during the summer,
in the valleys and caiions of the gold region, are very
remarkable. From nine o'clock in the morning till
five in the afternoon, the heat is almost intolerable.
The sun's rays pour doAvn through an atmosphere
clear and dry, and their power is increased by reflec-
tion from the sides of the cations and mountains, and
from the surface of the streams. During the night,
the air becomes so cold as to render blankets very
serviceable. This is caused by the waters of the different
streams rising during the night, their volume being
increased by the melting of the snows of the Sierra
Nevada, by the heat of the previous day.

Thousands of Indians, belonging to the Snake,
Shoshonee, and Crow tribes, are at work at the mines.
They are generally employed by some of the wealthy
white men, and are paid in provisions and a sort of
liquor made from California grapes, called pisco.
What money or gold they get for themselves is spent
in gambling — a vice to which they are most excessively

78 HISTORY OF CALIFORNIA.

addicted. Instances are not few of their having
staked the produce of their labor during some weeks
subsequent to the game. Many of the Indians desire
no other pay than as much pisco as they can drink,
witli a little acorn bread.

The native Californians form a goodly proportion
of the gold-seekers. Many of the men are accom-
panied by their wives, who are attended by Indian
girls. The graceful Spanish costume of the Califor-
nians adds quite a feature to the busy scene at the
mines. There may be seen the long, lank forms of
the Yankees, with their wide white trousers and straw
hats ; the half-naked Indians ; the native born Cali-
fornians, with their dusky visages and lustrous black
eyes. The latter are generally clad in a short, tight
jacket, with lace trimming, and velvet breeches, with
a silk sash fastened round the waist. With regard to
the appearance of the women, and, also, for the sake
of the description of one of the evening entertainments
in the gold region, we quote from a recent tourist, to
whom we have been indebted before.'^

*' The appearance of the women is graceful and
coquettish. Their petticoats, short enough to display
in most instances a well-turned ankle, are richly
laced and embroidered, and striped and flounced with
gaudy colors, of which scarlet seems to have the prefer-
ence. Their tresses hang in luxuriant plaits down
their backs ; and in all the little accessories of dress,
such as earrings, necklaces, &c., the costume is very
rich. Its distinguishing feature, however, is the
reboso. a sort of scarf, generally made of cotton,
which answers to the mantillii of Old Spain. It is

• Four Months Among the Gold Finders of California, by J. Tyr-
vrhit Brooks, M. D.

HISTORY OF CALIFORNIA. 79

worn in many different and graceful fasliions — some-
times twined round the waist and slioulders ; at others,
hanging in pretty festoons about the figure, but always
disposed with that indescribable degree of coquettish
grace which Spanish women have been for ages
allowed to possess in the management of the fiin and
the mantilla. Since these arrivals, almost every
evening a fandango is got up on the green, before
some of the tents. The term fandancro, thouMi oriiiin-
ally signifying a peculiar kind of dance, seemed to be
used here for an evenin^r's dancinji entertainment, in
which many different jias are introduced. I was pre-
sent at a fandango a few nights ago, when a couple
of performers were dancing ' el jarabe,' which seemed
to consist chiefly of a series of monotonous toe and
heel movements on the ground. The motions of the
foot were, however, wonderfully rapid, and always in
exact time to the music. But at these entertainments
the waltz seems to be the standing dish. It is danced
with numerous very intricate figures, to which however,
all the Californians appear quite au fait. Men and
women alike waltz beautifully, with an easy, graceful
swinging motion.

" It is quite a treat, after a hard day's work,
to go at nightfall to one of these fandangos. The
merry notes of the guitar and the violin announce
them to all comers ; and a motley enough looking
crowd, every member of which is puffing away
at a cigar, forms an applauding circle around the
dancers, who smoke like all the rest. One cannot
help being struck by the picturesque costume and
graceful movements of the performers, who appear to
dance not only with their legs, but with all their hearts
and souls. During the interval between the dances,

80 HISTORY OF CALIFORNIA.

coffee is consumed by the scnoras, and the coffee with
something stronger by the senors ; so that, as the
night advances, tlie merriment gets, if not ' fast and
furious,' at least animated and imposing."

The dangers which the adventurers are subjected to
encounter are often increased by the hostiHty of the
Indians. These, however, only molest those who are
daring enough to frequent the outskirts of the gold
region. There the Indians are treacherous, and will
attack small parties, even after smoking the pipe of
peace with them. Their principal weapons are bows
and arrows ; for though many of them have guns in
their possession, the scarcity of ammunition prevents
them from using them to any purpose. The following
description of an encounter with them by a small party,
encamped in the valley of the Bear River, then seldom
frequented by white men, will give an idea of their
mode of attack :

" We were just on the point of returning to the
camp to dinner, when Dowling, who w^as standing near
some sage bushes at the upper part of the ravine,
heard a rustling among them, and on moving in the
direction of the noise saw an Indian stealthily creeping
along, who, as soon as he perceived he was discovered,
discharged an arrow, which just missed its mark, but
lacerated, and that rather severely, Dowling's ear.
The savage immediately set up a most terrific whoop,
and ran off, but tumbled before he could draw another
arrow from his quiver, while Dowling, rushing for-
ward, buried his mattock in the head of his fallen foe,
killing him instantaneously.

" At this moment we heard the crack of a rifle in
the direction of the camp, which, with the Indian's
whoop at the same moment, completely bewildered us.

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mSTORY OF CALIFORNIA. 81

Every man, liowevcr, seized liis rifle, and DoT^ling,
hastening towards us, told us of what had just occurred.
All wa,s still for the next few moments, and I mounted
a little hill to reconnoitre. Suddenly I saw a troop of
Indians, the foremost of them on horseback, approach-
ing at full speed. I hastily returned to my companions,
and we sought shelter in a little dell, determined to
await there, and resist the attack, for it was evident
that tho savages' intentions were any thing but pacific.
" It was a moment of breathless excitement. "We
heard the tramp, tramp of the horses coming on
towai-ds us, but as yet, they and their riders were
concealed from our view. I confess I trembled vio-
lently, not exactly with fear, although I expected that
a few moments would see us all scalped by our savage
assailants. It was the suddenness of the danger which
startled me, and made my heart throb violently ; but
at that moment, just as I was reproaching myself with
the want of courage, a terrific yell rung through the
air at a short distance from us, and forty or fifty war-
like Indians appeared in sight. My whole frame was
nerved in an instant, and when a shower of arrows
flew amongst us, I was the first man to answer it with
a rifle-shot, which brought one of the foremost Indians
off his horse to the ground. I instantly reloaded, but
in the mean while the rifles of my companions had been
doing good service. We had taken up our position
behind a row of willow trees which skirted the banks
of a narrow stream, and here we were protected in a
great measure from the arrows of our assailants, which
were in most cases turned aside by the branches. A
second volley of rifle-shots soon followed the first ;
and while we were reloading, and the smoke had
slightly cleared away, I could see that wo had spread

6

82 HISTORY OF CALIFORNIA.

consternation in the ranks of the Indian warriors, an^
that they were gathering up their wounded prepara-
tory to retiring. I had my eye on an old man, who
had just leaped from his horse. My finger was on
the trigger, when I saw him coolly advance, and,
taking one of his w^ounded companions, who had been
shot through the leg, in his arms, place him on a
horse, then mounting his own, and catching hold of
the other animal's bridle, gallop off at full speed.
Although I knew full well that if the fortune of the
day had gone against us, these savages would not
have spared a single man of our party, stilly I could
not find it in my heart to fire on the old chief, and he
carried off his wounded comrade in safety.

" In a few minutes the hill-sides were clear, and
when we emerged from our shelter, all that was visible
of the troop of warriors was three of them weltering
in their blood, a bow or two, and some empty quivers,
and a few scattered feathers and tomahawks, lying on
the ground."

The grizzly bear is also one of the terrors encoun-
tered by the gold-seekers. This animal grows to the
size of four feet in height and six in length. It is one
of the most ferocious animals of North America.
Mules and cattle of various kinds, and even men, are
attacked by it, and its great strength generally enables
it to come off with its prey. Great quickness and
courage are absolute essentials of those who hunt these
animals, or encounter them accidentally. An adven-
ture of two or three gold-seekers, on their road to the
mines, accidentally meeting with a grizzly bear, is
thus shortly detailed in the journal of a returned
adventurer.*

• Six Months in the Gold Mines, by E. Gould BuflTum.

HISTORY OF CALIFORNIA. 83

*' About half way from the ranclieria a loud bray-
ing, followed by a fierce growl, attracted our attention,
and in a few moments a frightened mule, closely pur-
sued by an enormous grizzly bear, descended the
hill-side within forty yards of where we stood leaning
on our rifles. As the bear reached the road, Iliggins,
with his usual quickness and intrepidity, fired, and an
anearthly yell from the now infuriated animal told
with what eff'ect. The mule in the interval had crossed
the road, and was now scampering away over the
plains, and Bruin, finding himself robbed of his prey,
turned upon us. I levelled my rifle and gave him the
contents with hearty good will, but the Avounds he had
received only .served to exasperate the monster, who
now made towards us with rapid strides. Deeming
prudence the better part of valor, we ran with all con-
venient speed in the direction of the camp, within a
hundred yards of which my foot became entangled in
the underbrush, and I fell headlong iipon the earth.
In another instant I should have fallen a victim to
old Bruin's rage, but a well-directed ball from my
companion's rifle entered his brain and arrested his
career. The whole party now came to our assistance
and soon despatched Mr. Grizzly. Dragging him to
camp, we made a hearty supper from his fat ribs, and,
as I had probably been the more frightened of the
two, I claimed as an indemnity his skin, which pro-
tected me afterward from the damp ground many a
cold night. He was a monstrous fellow, measuring
nearly four feet in height, and six in length, and a
stroke from his huge paw would, had he caught us,
have entirely dissipated the golden dreams of Iliggins
and myself."

The same writer gives quite a graphic description

84 mSTORY OF CALIFORNIA.

of an attack of tlie scourge of the miners, tlie disease
called scurvy. He says :

" I was again dreaming of fortune and success, when
my hopes were blasted by an attack of a terrible
scourge that wrought destruction through the northern
mines durinor the winter of 1848. I allude to the land
scurvy. The exposed and unaccustomed life of two-
thirds of the minors, and their entire subsistence upon
salt meat, without any mixture of vegetable matter,
had produced this disease, which was experienced more
or less by one-half of the miners within my knowledge.
Its symptoms and progress may not be uninteresting.
It was first noticed in the 'Dry Diggings,' where,
about the middle of Februar}", many persons were
rendered unable to walk by swellings of the lower
limbs, and severe pains in them. It was at first sup-
posed to be rheumatism, and was treated as such.
But it withstood the most powerful applications used
in that complaint, and was finally decided to be scurvy.
So long as the circumstances which caused it continued,
the disease made rapid progress. Many, who could
obtain no vegetables, or vegetable acids, lingered out
a miserable existence and died, — while others, fortu-
nate enough to reach the settlements, where potatoes
and acids could be procured, recovered. I noticed its
first ajttack upon myself by swelling and bleeding of
the gums, which was followed by a swelling of both
legs below the knee, which rendered me unable to
walk ; and for three weeks I was laid up in my tent,
obliged to feed upon the very articles that had caused
the disease, and growing daily weaker, without any
reasonable prospect of relief. There were, at that
time, about eight hundred persons at work on the river,
and hoping to get some medicine, I despatched one of

HISTORY OF CALIFORNIA. 86

mj companions one morning, ■with instructions to
procure me, if possible, a dose of salts, and to pay for
it any price that should be asked. He returned at
night with the consoling news that he had failed,
having found only two persons who had brought the
article with them, and they refused to sell it at any price.
^' I was almost in despair; with only a blanket be-
tween myself and the damp, cold earth, and a thin
canvas to protect me from the burning sun by day,
and the heavy dews by night, I lay day after day
enduring the most intense suffering from pain in my
limbs, which were now becoming more swollen, and
■were turning completely black. Above me rose those
formidable hills which I must ascend ere I could
obtain relief. I believe I should have died, had not
accident discovered the best remedy that could have
been produced. In the second week of my illness,
one of our party, in descending the hill on which he
had been deer hunting, found near its base, and strewn
alonor the foot-track, a quantity of beans which sprouted
from the ground, and were in leaf. Some one, in
descending the hill with a bag of them on his back,
had probably dropped them. My companion gathered
a quantity and brought them into camp. I had them
boiled, and lived entirely on them for several days, at
the same time using a decoction of the bark of the
spruce tree. These seemed to operate magically ; and
in a week after commencing the use of them, I found
myself able to walk, — and as soon as my strength was
partially restored, I ascended the hill, and with two
companions walked into Culoma ; and by living prin-
cipally upon a vegetable diet, which I procured by
paying three dollars per pound for potatoes, in a very
short time I recovered."

8

86 HISTORY OF CALIFORNIA.

Thus life in the gold region is made up of variety*
and contrast. Sometimes the diggers and washers
pass weeks busily engaged at their toilsome occupation,
without the monotony of the time and scene being
disturbed. Again, adventures and exciting incidents
will be plentiful and various. At one time, pleasant
weather and fandangos offer easy enjoyment ; at
another, extremes of weather, hard work, and bad
food render the life of the miner almost intolerable.
Frequently, the gold-seeker chances to meet spots
that yield ample reward for his toil; and often he
works beneath the fierce rays of a broiling sun, while
his legs are in chilly water, and his day's toil scarce
yields more than enough to pay for his living. The
trading-posts, situated at and near the mines, do a far
more certain and an equally profitable business. They
are generally the establishments of shrewd, speculat-
ing Yankees, who know what sort of labor is requisite
to make a gold-seeker successful, and prefer to trust
to the profits of bargaining in provisions and mining
necessaries for gold.

That the country is pregnant with an enormous
quantity of the precious metal is unquestionable. But
that severe and weakening labor, together with tough
constitutions, are indispensable requisites for pro-
curing it, scarcely admits of a doubt. Very few spend
any considerable time in working at the " diggings,"
who do not suffer from exposure, and lose a portion
of their constitutional stability. So far, all attempts
at the construction of machines for washing the gold
from the sand, have been of little avail. Machines
have been invented and carried out to the gold region
by some of the numerous companies, which, upon
trial, have soon been abandoned for the "cradle," and

HISTORY OP CALIFORNIA. 87

common wash pan ; but still, the field for invention is
open, and the labor now necessary for procuring the
gold is susceptible of considerable diminution. Of
course, the means of transporting provisions and other
necessaries to the mines are constantly improving, as
the country is becoming settled ; and thus, one great
source of privation and disease is rapidly diminishing.

CHAPTER VIII.

DESCRIPTIOX OF SOME OF THE CITIES AND TOWNS OP
CALIFORNIA, BEFORE AND AFTER THE DISCOVERY OF
THE GOLD MINES.

At the time of the discovery of the existence of
gold in the region of the Sacramento, San Francisco
was a very inconsiderable town. As soon as the news
of the discovery was spread among its inhabitants, it
became almost deserted. Indeed, at one time, there
was only seven male inhabitants left in the town. The
site of the present city of San Francisco was not then
occupied by more than fifty houses in all. These
were occupied by a few foreign merchants and some
laative Californians. The houses were rudely con-
structed, the principal materials being adobes, or un-
burnt bricks. They were generally one story high,
and most of them were erected near the beach ; while at
the rear of the *'town," was a sandy plain terminated
by a range of hills. But as soon as the news of the
gold discovery reached the United States, and other
countries, companies for mining purposes were imme-

88 HISTORY OF CALIFORNIA.

diately formed, and emigrants soon crowded every
route to the " Land of Promise." Then San Francisco
began to be the great receptacle of the emigrants and
the merchandise of various kinds necessary for their
maintenance. The following is a very complete pic-
ture of the city after the spreading of the gold news,
and the flood of emigration had commenced.

" Numberless vessels, mostly from the United States,
filled the bay, in front of San Francisco, many of them
being deserted by their crews, and unable to procure
others to take their places. On landing, I had to
clamber up a steep hill, on the top of which, and
opposite to where I stood, was a large wooden house,
two stories high, and scarcely half finished. In the
rear of this, rose another and a steeper hill, whose
slopes were covered with a multiplicity of tents. To
my right, ran a sort of steep, or precipice, defended
by sundry pieces of cannon, which commanded the
entrance to the harbor. I next came to the ' Point,*
and, crossing it, found myself within the town.

" The first objects that attracted my notice were
several canvas houses, measuring from ten to forty
feet square, some being grog-shops, others eating
establishments, and the larger set apart as warehouses,
or places of storage. The proprietors of the latter
were making enormous sums by the accommodation
their tents afforded to the hundreds of travellers who
were arriving every day from different parts, and who,
being extremely embarrassed as to what they should
do with their luggage, were heartily glad to find any
safe place to store it in, and content to pay for the
convenience.

" The spectacle which the beach presented from a
convenient opening, whence I could comprise the

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HISTORY OF CALIFORNIA. 89

whole at a glance, vras singularly interesting and
cm'ious. A croAvd of individuals, in motley garb, and
of every variety of race, might be seen pressing eagerly
upward towards the town, jostling and pushing one
another, in their anxiety to be first, yet looking eagerly
about them, as if to familiarize themselves at once
with the country of their adoption. Here were dandies
from the United States and from France, picking their
steps mincingly, as they strove to keep pace with the
sturdy fellows who carried their luggage ; their beaver
hats, fashionable frock-coats, irreproachable and well-
strapped pantaloons, exciting the derisive remarks of
the spectators, the majority of them ' old Californians,*
whose rough labor at the ' diggins' had taught them
to estimate such riiaiseries at their proper value. By
their side stalked the stately and dignified Spaniard,
covered with his broad-brimmed, low-crowned sombrero,
and gracefully enveloped in his ample serapa, set off
by a bright scarlet sash. He turns neither to the
right nor to the left, nor heeds the crowd about him,
but keeps on the even tenor of his way — though even
he has occasionally to jump for it — presenting, in his
demeanor and costume, a striking contrast to the
more bustling activity of the Yankees, who are elbow-
ing every one, in their anxiety to go a-head. A lot
of shopboys, too — mere lads, as spruce and neatly
attired as though they had just stepped out of some
fashionable emporium, mingle with the rest, and, as
they enter the town, strike up the popular parody —

' Oh, California. That's the land for me !
I'm bound for the Sacramento, with
The wash-boTvl on my knee.'

And presently, their brother-adventurers, excited

90 HISTORY OF CALIFORNIA.

by hopes of tlie wildest kind, join vociferously in
chorus, in the exuberance of their joy.

" A group of Englishmen, muscular in form, and
honest in feature, are chaffering with the keen-witted
Yankee porters for the carriage of their luggage.
There is an air of dogged resolution about them, that
plainly indicates they will not submit to what they
evidently consider an imposition. Such a sum for so
slender a service ! Well, then, they can carry their
baggage themselves : so they will ; and, quickly
shouldering it, some depart in the track of the rest,
whilst two or three remain behind, to watch what is
left, until their friends return. They are manifestly
well known to one another, and seem to be almost
intimate ; the voyage has made them friends.

'' Here come a number of Chilians and Peruvians,
and a goodly number of natives from the Sandwich
Islands. A couple of Irishmen, too ! I know them
by their vivacity, and by the odd trick they have of
getting into every body's way ; to say nothing of their
broad, merry faces. Their property is in common, it
seems; for they have only one small pack between
them.

" Here come ten or a dozen plainly but comfortably
dressed mechanics ; hard-working men they seem, and
just the sort of persons to make their way in a coun-
try where the artisan occupies his proper position, and
where honest toil — and dishonest, too, sometimes — is
almost certain to reap a harvest. Far differently will
you fare, and far preferable, too, will be your lot, in
regions where privation is the rule, to that of many
amongst your numerous fellow-travellers, unaccus-
tomed as they are to laborious occupations — with
frames uninured to fatigue, and constitutions unha-

HISTORY OF CALIFORNIA. 91

bituated to scanty fare, to exposure to lieat and cold,
and wet and sudden changes I Whilst you are succeed-
ing in your object, they will grow wearied, disappointed,
and home-sick, and long to be back again on the
theatre of their former strugc'les.

'' The human stream ceases not to flow from the
vessels in the harbor ; no sooner is one boat-load
disposed of than another arrives, and so on, until the
town is gorged with new-comers, who, after a few
days' sojourn, to recruit their strength, after the
fatigues of a long and irksome voyage, depart, and
are seen no more for months; many, perhaps, never
to return. Very few of this vast multitude deserve
the epithet of poor. To get here at all requires
money ; and to maintain one's self after getting here,
the emigrant must have some little means.

*' The majority of the emigrants are men occupying
a respectable station in society ; some are even
distinguished in their calling ; but the eager desire of
making a fortune in a hurry has induced them to
throw up good employments and comfortable homes ;
to leave friends, relatives, connexions, wife, children,
and familiar associations, to embark then- strength,
intelligence, and activity, in this venture. All is
bustle where they have landed : boats going to and
fro ; rafts slowly discharging their cumbrous loads ;
porters anxiously and interestedly civil ; all excited ;
all bent on gain ; ships innumerable in the bay ;
mountains around ; a clear, blue sky above ; and the
bright waters dancing in the sun, until they touch the
horizon in the distance, blending their brightness with
his golden track.

" I walked on until I came up to a group of men,
who, like myself, were looking on the busy scene

92 HISTORY OF CALIFORNIA.

before us with no small degree of interest. I recog-
nized amongst tliem two of the volunteers, with whom
I forthwith claimed acquaintance. The whole party
had come from the mines, as was easily to be seen
from their appearance, which was something the
worse for wear, their countenances being weather-
beaten and bronzed by exposure ; whilst their attire,
consisting of buckskin coats, leather leggings, and
broad-brimmed hats, denoted the sort of labor in
which they had been recently engaged. I learned
from them, in the course of a subsequent conversation,
that they had all of them been successful at the 'dig-
gings.' One of the number had made, or * picked,'
two thousand dollars, and the rest, from that to nine
thousand dollars each, within the space of a few
months. With this, however, they were far from
satisfied, most of them being determined to realize a
large fortune before they quitted the country ; for not
one of them seemed to have the remotest intention of
settling.

" The party had come down from the mines to make
purchases, and to enjoy a little recreation. They were
admirable specimens of their class — hardy in appear-
ance and rough in demeanor ; but shrewd, withal, and
toil-enduring. For the moment, their conversation
turned upon the prospects of the newly-landed emigrants
— for I should have stated that there were one or two
arrivals in the harbor — and they were unsparing of
their remarks upon such of the new comers as by their
dress, or any physical peculiarity, offered a fair target
for their witticisms, which were not less pointed than
coarse.

" The discovery of the gold mines, has done at
once for San Francisco what it was reasonable to

HISTORY OF CALIFORNIA. 93

anticipate time only could have effected ; and its pro-
gress in importance has far outstripped the most
sanguine expectations which could be based upon anj
hypothesis hazarded on the strength of its admirable
position and facilities for trade. Nevertheless, its
growth seems unnatural ; and, looking at it as I saw
it then, it left on my mind the impression of instability,
so marvellous was it to gaze upon a city of tents, wood,
and canvas, starting up thus suddenly, forming but a
halting-place to the thousands who visited it ; having
for citizens a large majority of gamblers and specula-
tors ; and presenting of civilization but the rudest
outline, and some of its worst vices. It was impossible,
indeed, for an observer to contemplate San Francisco,
at this particular period of its history, and not to feel
that every thincr about it savored of transition. A
storm or a fire must have destroyed the whole in a few
hours ; for every house, shed, or tent, had manifestly
been constructed merely to serve the end of the actual
occupier ; they were all adapted for trading, but not
a convenience or a comfort appertained to them, to
indicate a desire or an intention of settlement. Every
day brought new-comers, and added to the number of
ephemeral structures which crowded the hill-sides.
Mechanics of every description of calling were at work,
earnestly, busily, and cheerfully ; and, whichever way
I turned, there was bustle and activity ; yet, withal, I
felt that such a state of things was unsound, because
resting on what was essentially speculative, and I
doubted not but a o^reat chan^j^e must come before the
city could be regarded as substantially advancing.
Comprised at a glance, it presented no other ap-
pearance save that of a confused crowd of tenements,
of every variety of construction ; some high, some

94 HISTORY OF CALIFORNIA.

low, perched upon tlie steep lulls, or buried in the
deep valleys — but still tents and canvas every
where and any where, their numbers defying calcula-
tion, their structure and position all analysis. There
existed neither wells nor ponds within a vefy consider-
able distance ; and what struck me as most singular,
being aware that the Spaniards had a mission here,
there was no sign of a church. I subsequently ascer-
tained that the site of the Mission of Dolores, about
five miles distant, had been preferred by the Spaniards,
and that divine service was performed there still.

" As I proceeded along the road leading into the
principal street of the city, I was uncomfortably re-
minded that it would soon become necessary for me to
select a place where I could procure refreshment ;
and in connexion with this necessity, arose another
consideration no less important, namely, where I should
lodge ? There was no other mode of solving the diffi-
culty, save by an exploration of the localities ; accord-
ingly, I kept these objects in view, whilst I also grati-
fied my curiosity by continuing my perambulations.

" In this same road, but nearer to the entrance of
the main street than I should say was, under any cir-
eumstances, altogether pleasant, stood the correl of the
Washington Market, being a spacious area of ground,
inclosed Avith stakes, over which were stretched raw
hides. Owing to the large number of cattle slaugh-
tered here for the use of the inhabitants, the odor
from this place was insufierable, and I quickened my
pace until my olfactory organs became sensible of a
purer atmosphere.

" I turned into the principal street, and soon came
up to the market itself, which is a wooden house, about
thirty feet square, kept by an American. To my

HISTORY OF CALIFORNIA. 95

right, as I advanced, Tverc some stores and hotels,
and a confectioner's shop of remarkably neat ajid
clean appearance : these were all one story, wooden
buildings. One of the hotels was appropriately desig-
nated as ' The Colonnade.' It was kept by a volun-
teer named Huxley, and differed from every similar
establishment in the town, inasmuch as the proprietor
allowed neither gambling nor drunkenness on his
premises. To this the 'Gotham Saloon,' a little fur-
ther on, offered a perfect contrast, for here there were
several monte rooms and a large bowling-alley, where
persons who had a taste for the latter amusement
might indulge in their favorite pastime for a dollar a
game. This saloon was likewise kept by two volun-
teers, as was also the confectioner's by a fourth ; so
that three of the most noted houses in the town were
rented by men, who, a few months before, scarcely pos-
sessed any tiling save their enterprise and their indus-
try, but who were now on the high road to opulence.
The more credit was due to them, and others of their
brethren whom fortune had similarly favored, because,
at first, they had deep-rooted prejudices to encounter,
which prudence and perseverance only could have
enabled them to overcome.

"I came next to the Square, or 'Plaza,' on one
side of which, and fronting it, stood the ' Miner's
Bank,' established by a Mr. Wright, a keen specula-
tor, who had secured possession of a large extent of
landed property, which he was turning to the very
best account. On the left of the Plaza, I noticed a
spacious-looking wooden building, two stories high,
called the ' Parker House ;' but the handsome piazza
in front caused me to hesitate on the threshold ; for I
apprehended — and not without reason — that, even in

96 HISTORY OF CALIFORNIA.

California, appearances must be paid for ; as, tliere-
fore, my purse was not overstocked, I prudently sought
a more modest establishment.

*' I passed another hotel, similar to this one, but not
quite so large, and came presently to a low wooden
house, of most unattractive and unprepossessing ex-
terior, which was dignified by the name of the ' Cafe
Frangais.' As this seemed likely to suit my present
convenience, and to promise a scale of prices on a par
with its external appearance, I entered boldly, and
seated myself at the dining-table. I noticed, as I went
in, that, notwithstanding the poverty without, there
was abundance within ; the counter being literally
overcharged with French pastry, a variety of ingenious
culinary preparations, and some foreign liquors.

" After I had finished my repast, consisting of a
beef-steak, two GggSj and a couple of cups of cofi'ee, I
prepared to depart. I specify the items of which my
repast was made up, because of the price I paid for
them — namely, two dollars and a half. I was informed,
on hazarding an observation respecting the amount,
that the charges were excessively moderate, any thing
in the shape of a dinner being usually charged one
dollar and fifty cents ; half a dollar each for the eggs,
which were extras, was only a reasonable price for
such luxuries, as they frequently sold for double. I
considered the information thus obtained to be cheap,
of its kind, and went away with a mental reservation
not to eat any more eggs in California, unless they
were of another description than the golden ones.

" As I repassed the * Parker House,' the hotel, par
excellence, of San Francisco, I went in, knowing that,
like all similar establishments, there were the usual
amusements going on within.

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Hi
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HISTORY OF CALIFOnXIA. 97

*^ This is not only the largest, but the handsomest
building in San Francisco ; and, having been con-
structed at enormous expense, and entirely on specula-
tion, a concurrence of fortunate circumstances alone,
such as had followed upon the discovery of the gold
mines, could have insured its prosperity. It was now
one of the most frequented, fashionable, and firmly
established hotels in the country ; and, in so far as it
presented a model to the builders and settlers in the
town, was a signal illustration of the shrewdness and
enterprise of the Yankee character, and a standing
credit to the projectors and proprietors.

" It is built entirely of wood, and contains two very
spacious principal rooms ; the one a dining-room, the
other set apart for billiards. Besides these, there are
three saloons of lesser dimensions, especially devoted
to gambling, and two well supplied bars — one below,
to the right of the entry, the other in the billiard-
room. The portion of the hotel that is not set apart
for the usual offices and conveniences is divided ofi"
into innumerable chambers, which are occupied by the
superior classes of emigrants — lawyers, doctors, money-
brokers, cum multis aliis.

" The saloon contains two very handsome billiard-
tables, which are constantly occupied by players,
chiefly Americans, some of them of first-rate excel-
lence. The charge was a dollar per game of a hundred,
and they were no sooner vacated by one party than
another came in.

" The establishment contained nine gambling-tables,
which were crowded day and night, by the citizens
and the miners ; many of the latter staking very large
sums upon the turn of a card. The stakes, however,
varied from twenty-five cents to five thousand dollars )

9

98 HISTORY OF CALIFORNIA.

and tlie excitement of some. of tbe losers was frequently
fearful to contemplate. Some who gained largely
prudently withdrew ; and I was informed that, a few
days previously to my arrival, a new-comer from the
States, who was bound for the mines, having come
into the saloon, and tried his fortune at the monte
tables, luckily made twenty thousand dollars, with
which he returned home, by the steamer, two days
afterwards.

"The 'Golden Eagle,' {VAguUa d'Oro) is another
gambling establishment, situated in one of the streets
leadins: into the Plaza. It is a canvas house, about
fifty feet square, fitted up with the requisites for play,
and let out by the proprietor at the rate of fifteen
hundred dollars a month. Every available spot around
the tables was crowded to inconvenience by persons
who were engaged deeply in the game, the majority
standing up and watching the chances with counte-
nances betokening the greatest excitement.

" I now proceeded to the City Hotel, a large but
somewhat antiquated building, constructed of adobSy
after the Spanish fashion, but hybridized by American
improvements. The interior was even more insuffer-
able than the El Dorado, in respect of the boisterous-
ness of its frequenters. In the first room that I
entered were five gambling-tables, doing a ' smashing
business' — a term employed, somewhat in contradic-
tion to its import, to denote prosperity. The majority
of the players were Americans and other foreigners,
intermixed with a goodly number of Spaniards of the
lowest order. There was the same excitement, the
same recklessness, and the same trickery here, as at
the other gambling saloons, only infinitely more noise
and smoke, and swearing and inebriety.

HISTORY OF CALIFORNIA. 99

" Here I met with another of the volunteers, who
proposing a walk, we went out together, and proceeded
to the Plaza. I found a good many old acquaintances
set up in business at this spot ; one, who had been a
captain, had recently turned money-broker, and now
kept an office for the exchange of coin and gold-dust,
having entered into partnership with a highly respect-
able and agreeable individual, of active business habits,
who promised to prove a great acquisition to the con-
cern.

^'^Xe soon reached a low, long, adobj building,
situated at the upper side of the square, and which
my companion told me was the Custom House. To
the ri^ht of the Plaza stood the Saint Charles's
Hotel, a wooden edifice covered in with canvas, and
the Peytona House, an establishment of a similar
description, in both of which we did not fail to find
the usual games carried on.

*' The streets leading down to the water-side contain
comparatively few hotels or eating-houses, they being
chiefly wood and canvas trading-stores. I observed
amongst them several newly opened auction and com-
mission-rooms, where goods were being put up, recom-
mended and knocked down in true Yankee style. An
immense number of wooden frame-houses in course of
erection met our view in every direction ; and upon
remarking that many of them appeared to have been
purposely left incomplete, I ascertained that this arose
from the extreme difficulty of procuring lumber, which,
on account of its scarcity, occasionally fetched an in-
credibly high price. A good deal of it is brought
from Oregon, and some from South America. Many
of the larger houses, but far inferior, notwithstanding,
to such of the same kind as could easily be procured

T-^=3»-

^i^^<j

100 HISTORY OF CALIFORNIA.

in New York at a rental of from 300 to 400 dollars
a-year, cost here at least 10,000 dollars to build tLem,
the lots on which they were erected being valued at
sums varying from 30,000 to 50,000 dollars, according
to the locality. Many spots of ground, just large
enough for a small trading-house or a tent to stand
upon, let at from 1200 to 2000 dollars.

*' Amongst the various emigrants who daily flocked
into the city — for each day brought its fresh arrivals
— were numerous Chinese, and a very considerable
number of Frenchmen, from the Sandwhich Islands
and from South America. The former had been
consigned, with houses and merchandise, to certain
Americans in San Francisco, to whom they were
bound by contract, as laborers, to work at a scale of
wages very far below the average paid to mechanics
and others generally. The houses they brought with
them from China, and which they set up where they
were wanted, were infinitely superior and more sub-
stantial than those erected by the Yankees, being
built chiefly of logs of wood, or scantling, from six to
eight inches in thickness, placed one on the top of the
other, to form the front, rear, and sides ; whilst the
roofs were constructed on an equally simple and inge-
nious plan, and were remarkable for durability.

" These Chinese had all the air of men likely to
prove good citizens, being quiet, inofi*ensive, and par-
ticularly industrious. I once went into an eating-
house, kept by one of these people, and was astonished
at the neat arrangement and cleanliness of the place,
the excellence of the table, and moderate charges. It
was styled the ' Canton Restaurant ;' and so thoroughly
Chinese was it in its appointments, and in the manner
of service, that one might have easily fancied one's

HISTORY OF CALIFORNIA. 101

self in the heart of the Celestial Empire. The bar-
keeper— though he spoke excellent English — was a
Chinese, as were also the attendants. Every article
that was sold, even of the most trifling kind, was set
down, in Chinese characters, as it was disposed of;
it being the duty of one of the waiters to attend to
this department. This he did very cleverly and
quickly, having a sheet of paper for the purpose, on
which the article and the price were noted down in
Chinese characters, by means of a long, thin brush,
moistened in a solution of Indian or Chinese ink. As
I had always been given to understand that these
people were of dirty habits, I feel it only right to
state that I was delighted with the cleanliness of this
place, and am gratified to be able to bear testimony
to the injustice of such a sweeping assertion.

" As for the French, they seemed entirely out of
their element in this Yankee town ; and this circum-
stance is not to be wondered at, when the climate and
the habits of the people are taken into consideration,
and also the strange deficiencies they must have
observed in the ordinary intercourse of life between
the citizens, so difierent from the polished address,
common even amongst the peasantry in their rudest
villages ; to say nothing of the difllculty of carrying
on business amongst a people whose language they did
not understand. But their universal goal was the
mines ; and to the mines they went, with very few
exceptions.

" Speaking of them reminds me of a * Cafe Restau-
rant^' in San Francisco, kept by a very civil French-
man, and situated on the way to the Point. I mention
it, because I one day made here the most uncomfort-
able repast it had ever been my lot to sit down to.

9*

102 HISTORY OF CALIFORNIA.

Yet this was not owing to any lack of attention on the
part of the proprietor, to any inferiority in the quality
of his provisions, or to any deficiency of culinary skill
in their preparation ; but simply to the prevalence of
the pest to which I have already alluded as invading
my own tent, namely, the dust. The house was built
chiefly of wood, and had a canvas roof, but this was
insufficient to keep out the impalpable particles with
which the air was charged, and which settled upon
and insinuated themselves into every article in the
place. There was dust on the counter, on the shelves,
on the seats, on the decanters, and in them ; on the
tables, in the salt, on my beef-steak, and in my coffee.
There was dust on the polite landlord's cheeks, and in
his amiable wife's eyes, which she was wiping with the
corner of a dusty apron. I hurried my meal, and
was paying my score, when I caught sight of my own
face in a dusty-looking and dust-covered glass near
the bar, and saw that I too had become covered with
it, my entire person being literally encrusted with a
coat of powder, from which I experienced considerable
difficulty in cleansing myself.

"Notwithstanding all I had seen of San Francisco,
there yet existed here a world apart, that I should
never have dreamed of, but for my being one day
called upon to act upon a jury appointed to sit in
inquest over a person who had died there. This place
was called the ' Happy Valley.'

^ ' Previously to our repairing thither, we attended
at the court-house, to take the usual oath. Proceed-
ing then through the lower part of the town, we
reached the beach, along which, by the water-side, we
walked for a distance of three miles — up to our ancles
in mud and sand — until we came to a spot where there

HISTORY OF CALIFORNIA. 103

were innumerable tents pitched, of all sizes, forms, and
descriptions, forming an irregular line stretching along
the shore for about two miles.

" The ground was, of course, low, damp, and muddy ;
and the most unmistakeable evidences of discomfort,
misery, and sickness, met our view on every side, for
the locality was one of the unwholesomest in the
vicinity of the town. Yet here, to avoid the payment
of enormous ground-rents, and at the same time to
combine the advantage of cheap living, were encamped
the major portion of the most recently arrived emi-
grants, and, amongst the rest, those of the ship
Brooklyn, on one of the passengers of which the in-
quest was about to be held.

*' This, then, was the * Happy Valley;' a term no
doubt applied to it in derision, taking into considera-
tion the squalor, the discomfort, the filth, the misery,
and the distress that were rife there.

" I am satisfied that much of the crime and lawless-
ness that is prevalent in California — particularly in
towns like San Francisco, where the ruder sex are
congregated exclusively and in large multitudes — is
attributable to the want of the humanizing presence of
women. In San Francisco there were about ten
thousand males, and scarcely a hundred females ; for,
although in many parts of California the latter out-
number the former, the national prejudice against
color was too strong for legitimate amalgamation to
take place."

Such was San Francisco soon after the discovery
of the riches of the Sacramento region. From an
insignificant settlement, sometimes the resort of
whaling-vessels, and of a few traders, it was quickly
transferred into a city, with an extensive and con-

_^i

104 HISTORY OF CALIFORNIA.

stantly increasing commerce. In its streets and
squares, erected where, just before, was a desert-
plain, people of almost every nation were seen busily
engaged in traffic, or preparing for departure to the
gold region. It seemed the work of the enchanter.

Although, like San Francisco, Monterey was almost
deserted by its inhabitants upon the receipt of informa-
tion of the gold discovery, it soon began to give signs
of improvement. The bay, upon the shore of which
the town is located, is more exposed to the swell of
the sea, and to the north-west storms, than the Bay of
San Francisco, and therefore the harbor is inferior.
Yet Monterey received a considerable share of the tide
of emigration. Tliose who stopped there were gener-
ally persons who intended to make a permanent
settlement, and engage in mercantile pui*suits ; and^
therefore, though the increase of the town was not so
rapid as that of San Francisco, it carried with it more
denotements of stability.

The town is situated on a short bend near the en-
trance of the bay, upon its southern side. The point
of land which partly protects its harbor from the sea
is called Point Pinos. A very neat and pretty appear-
ance is presented by the houses of the native Califor-
nians, which are generally constructed of adobes and
white-plastered. Those of the Americans are easily
distinguished by their being built of logs and planks,
and presenting a more substantial, but rougher appear-
ance. The town is surrounded by hills, covered with
lofty pine trees. Upon a height which overlooks the
town and harbor, a fort was built by the Americans
during the Avar with Mexico, and a military force con-
tinued there till after the treaty of peace.

The country in the neighborhood of Monterey is

HISTORY OF CALIFORNIA. 105

fertile, and yields ample reward to the agriculturist.
There would, therefore, be no lack of supplies of pro-
visions, but for the indolence of the Californians,
owning the different ranches in the surrounding coun-
try. From this cause, great scarcity of provisions of
all kinds is often the result. Notwitlistanding the
additions made by Yankee enterprise and innovation,
the general manners and customs of the inhabitants
of Monterey retain all their old Spanish character ;
and some of the customs of the natives, particularly
their amusements, are heartily joined in by the more
susceptible of the new-comers. The fandango and
the serenade with the guitar, still hold their sway as
freely and as undisturbed as" in old Spain. The win-
ters are severely felt here. The rain causes torrents
of water to pour down from the hills in the rear of the
town, deluging the principal streets, and rendering
their passage almost impossible. During this period,
the only resort of the inhabitants for passing away the
time is the vice of gambling, in which they early
become adepts. This gambling propensity, noticed
amono: the Californians, induced a considerable num-
ber of the initiated to emigrate from the United States,
and Monterey received a goodly proportion of them.
Such an increase of the population, however, could
not be considered desirable. Upon the whole, though
in a less degree, the effect of the golden attractions
of California could be seen at Monterey as at San
Francisco. Though it did not spring at once from a
small settlement to a large city, it was considerably
improved, and in 1849, it numbered more than a
thousand inhabitants.

A short distance south of Monterey, is the town of
Santa Barbara. Its situation is one of the most

106 HISTORY OF CALIFORNIA.

beautiful in California. It is built upon a plain ten
miles in extent. In front is a broad bay, having a
smooth beach of nearly thirty miles in extent. On
the right, towards the water, is a lofty eminence rising
nearly a thousand feet. Directly back of the town is
a range of almost impassable hills, running in a diago-
nal direction. There is no harbor in the bay, and
•vessels are obliged to anchor in an open roadstead ;
and when the south-east winds prevail, they are in
constant peril.

The progress of the town was not much affected by
the gold mania. But though it offers no attractions
for mercantile or gold digging purposes, it has others
which will, no doubt, make it a favorite place of resi-
dence. In 1849, it contained about one hundred and
fifty houses, built of adobes, and all one story in height.
The town is celebrated for being the residence of the
aristocracy of California, and for its beautiful women.
Its inhabitants are principally rancheros, who visit
their ranches two or three times in a year to see to
the marking and killing of their cattle, and then
spend the remainder of the year in the town, enjoying
life as much as possible. Indolence is the general
vice. A horse to ride, plenty to eat, and cigaros to
smoke constitute their summum bonum. Santa
Barbara is more celebrated for its fandangos than
any other town on the coast. These are open to all
comers, and constitute the general pastime of an even-
ing. The climate is mild and spring-like, and, inde-
pendent of the attractions in the town, the surrounding
country offers many of the most beautiful rides in
California. About a mile in the rear of the town, at
the top of a gentle slope, is the mission of Santa
Barbara, with its old, white walls and cross-mounted

HISTORY OF CALIFORNIA. 107

spires. The presiding priest of California resides
there, and a number of the converted Indians still
remain and cultivate the surrounding soil. The mis-
sion is in a better condition than any other in the
country.

Ciudad de los Angeles, or the City of the Angels,
is situated a hundred and ten miles south of Santa
Barbara, at the end of an immense plain, extending
from the city twenty-five miles, to San Pedro, its port.
This is the garden spot of California. Before the
discovery of the gold mines, the City of the Angels
was the largest town in the country. It contains about
two thousand inhabitants, most of whom are wealthy
rancheros, who dwell there to cultivate the grape. As
in all the towns of California, the houses are con-
structed of adobes and covered with asphaltura, which
is found in great quantities near the town. The
northern section is laid out in streets, and is occupied
by the trading citizens ; the southern section is made
up of gardens, vinyards and orchards, which are made
extremely productive by irrigating the soil with the
water of a large stream running through them. Many
acres of ground are covered with vines, which, being
trimmed every year, are kept about six feet in height.
In the fall of the year, these vines are burdened with
rich clusters of grapes ; and, in addition to these,
great quantities of fruit of various kinds are raised.
The surrounding country abounds with game of all
kinds. In the rainy season, millions of ducks and
geese cover the plains between Los Angeles and San
Pedro, while the neighboring hills abound with quails,
deer, elk, and antelope. The vineyards produce such
quantities of grapes, that many thousand barrels of
wine and aguardiente — the brandy of the country —

108 HISTORY OF CALIFORNIA.

are annually manufactured. The wine Is of various
kinds ; some of it being equal to the best produced in
Europe.

The inhabitants of the City of the Angels, being
generally of the wealthy class of Californians, have
always strongly adhered to the institutions of Mexico.
They offered the most strenuous resistance to the
American forces at the time of the conquest of Cali-
fornia, but were vanquished in two battles, and the
city taken. All the customs and amusements peculiar
to the Spaniards and the countries which they colo-
nized, are here in full vogue. Music, dancing, sing-
ing, slaughtering cattle, or gambling, are the usual
pastimes of the inhabitants. Yet, with these trifling
occupations, attachment to the Roman Catholic church
and a careful observance of its ceremonies, is charac-
teristic of all. Upon the tolling of the bell, gaming,
swearing, dancing — every thing is stopped while the
prescribed prayer is muttered, and then all go on as
before.

Though Los Angeles did not experience any increase
of population consequent upon the flood of emigration
to California, its delightful climate and its fertile soil
are gradually procuring it such consideration as will
doubtless lead to the filling up of the surrounding
country.

San Diego is the most southern town of Upper
California. It is situated on the coast, three miles
north of the line separating Upper and Lower Califor-
nia. The harbor is inferior only to that of San Fran-
cisco. It is perfectly sheltered by land from the gales
at all seasons of the year. Vessels can lie within a
cable's length of the beach, there being no surf run-
ning upon it. The town is situated about three miles

HISTORY OF CALIFOnXIA. 109

from the beach, and is about the same size as Santa
Barbara. It is a place of far greater facilities and
promise, however, than the last mentioned town. San
Diego has always been the most important depot for
hides, upon the coast ; and there is no doubt that an
extensive inland trade vrill be carried on between it
and the towns in the interior, as the region of the
Colorado and the Gila becomCvS settled. Since the
conquest of Upper California and the discovery of the
gold, the progress of the town has been rapid. From
being an inconsiderable settlement sustained princi-
pally by a mission, which had early been established
there, it has become a town of great commercial
promise. The climate being mild and pleasant, and
the surrounding country abounding in game_ and
adapted for grazing, thus making provisions abundant,
San Diego is a very desirable place of residence.

The town of San Jose is situated in a fertile valley,
near the most southern extremity of the Bay of San
Francisco. On the south of the town runs a small
stream, and the place is surrounded by plains, afford-
ing fine pasturage. Being situated on the direct
route from the southern ports to the gold mines, San
Josd received a considerable stimulus from their dis-
covery. A profitable trade was soon established, and
the town improved very rapidly. It is now a town of
about four thousand inhabitants, and the increase still
continues rapid. In a greater degree than any of the
older towns of California, it has all the evidence of a
thriving and progressive place. The greater part of
the buildings are constructed in a style which shows
the inroads of the taste of the people from the Atlantic
States. A number of Mormons settled here at an
early period, and built a great many neat wooden

10

110 HISTORY OF CALIFORNIA. •

houses and cottages, 'svliicli contrast favorably with
the heavy old adobes residences of the native inhabit-
ants. Flour and saw-mills have been erected,
but the scarcity of water is severely felt by their pro-
prietors.

San Jose in respect to climate and p;eneral abun-
dance of the necessaries and luxuries of life, is one
of the most desirable places of residence in California.
Though situated a short distance inland, and thus
deprived of the facilities which contributed to the
rapid growth of San Francisco, the fertile plain sur-
rounding it, and the increase of the inland trade and
travel will draw to the town and its neidiborhood a
thriving, business population. The old mission of
San Jose is situated about ten miles from the town.
The establishment and the grounds belonging to it are
in a state of decay. The population there is about
three hundred in number, most of whom are Indians,
and all of them in a degraded condition.

The emigration to the gold region caused many
towns to spring up, as if by magic, in its neighborhood,
and on the route to it from San Francisco. These
were principally the stopping places of the gold-seekers,
or the seat of a trade in provisions and articles manu-
factured in the States and transported thither. Some
of these towns have become of a size sufficient to war-
rant the assertion that they will soon rival the cities
of the Atlantic coast of the United States. The pro-
gress of these places is aided by the enormous price
of real estate in San Francisco.

One of the most promising of the new towns is called
Benicia. It is situated on the Strait of Carquinez,
thirty-five miles north of San Francisco. The strait
forms the entrance of Suisan into Pablo Bay. The

• HISTORY OF CALIFORNIA. Ill

site of Benicia is a gentle slope, ■wliicli, descending to
the water, becomes almost a plain. Vessels of the
first class can lie at anchor at its bank, and discharge
their cargoes, and the harbor is safe from violent
winds. The town has been made the hcad-r|uarters of the
Pacific division of the United States army, and a site
for a navy-yard has been selected by Commodore Jones.
The marks of governmental favor show in what estima-
tion the position of Benicia is held. The town was
laid out in 1848, by Robert Semple and Thomas 0.
Larkin. Earlv in 1850, lots were selling at verv hi;rh
rates, and the population numbered more than a
thousand persons.

Between Benicia and Sacramento city, several towns
have been laid out, all in very favorable positions.
The principal are — Martinez, on the southern shore of
the strait of Carquinez, nearly opposite Benicia ; New
York of the Pacific, at the junction of the River San
Joaquin with the Bay of Suisan; Suisan, on the west
bank of the Sacramento, at a distance of eighty miles
from San Francisco.

Next to San Francisco, Sacramento is the largest
city in California. It is situated on the eastern bank
of the Sacramento River, one hundred miles from San
Francisco, and sixty-five from Suisan Bay. It is
located on a beautiful plain, which is not elevated more
than ten or twelve feet above the river at low water.
This being insufficient to protect it from the rise of
the waters of the river, several disastrous floods have
occurred during the existence of the city. Up to this
point, the river is navigable for large class steamers.
Ships drawing not more than twelve feet of water may
go up that far at all seasons ; and, besides these
commercial advantages, Sacramento is the natural

112 HISTORY OF CALIFORNIA.

trading depot for the richest portion of the mining
regions.

Where the city of Sacramento now stands, at the
time of the gold discovorv, there stood, "solitary and
alone," a small fort. This formed the nucleus, about
which, at the commencement of the rush of emio^ra-
tion, the town soon sprang into existence. Its increase
has been almost as rapid as that of San Francisco.
During the rainy season of the early part of 1850,
the population numbered somewhere between twenty
and thirty thousand. But at that poriod, a consider-
able portion of the gold-diggers made Sacramento and
the other towns in the neighborhood of the mines,
their resort, to escape the severity of spending the
season at the open and exposed valleys of the gold
region. The city is regularly laid out, but its appear-
ance evidences the rapidity of its erection. The
greater number of the houses and stores in the neigh-
borhood of the river are constructed of wood, while
the outskirts, particularly upon the south, are occupied
by the tents of the constantly-arriving overland emi-
grants. Before the commencement of the last rainy
season, the number of these emigrants reached two or
three thousand. They squatted upon the vacant lots
which had been surveyed and sold to other persons.
This caused a considerable agitation in the town, which
continued till the disastrous flood swept both the par-
ties off the ground, and thus left the field clear for
another commencement. Sacramento is the grand
receptacle of the overland emigration, and this, com-
bined with its commercial facilities, will continue to
give the city a superiority over the majority of the
other places in California.

Adjoining Sacramento city, is the town of Sutter.

HISTORY CF CALIFORNIA. 113

It is situated on the highest and healthiest ground on
the river. It is not, like Sacramento, subject to an
annual overflow. The town was originally laid out
by Captain Sutter and others ; and is owned by Hon.
John McDougall, Lieutenant-Governor of California,
and Captain Sutter. It has a thriving business popula-
tion, and its position, and the fertility of the neigh-
boring country will soon make it a place of import-
ance.

Stockton is to the southern portion of the gold
region what Sacramento is to the northern. It is
situated upon a slough, or a succession of sloughs, con-
taining the back waters formed by the junction of the
San Joaquin and Sacramento Rivers. It is about
fifty miles from the mouth of the San Joaquin, and
one hundred from San Francisco. The ground upon
which it is situated is high and is not subject to over-
flow. Vessels drawing nine feet water can ascend the
San Joaquin as far as Stockton, and discharge theii"
cargoes on the bank. In the latter part of 1848, the
town was laid out and a frame building erected by
Charles M. Weber. In eight months from that time,
it contained a population of about two thousand per-
manent residents, and a large number of temporary
residents, on their road to the mines. Communication
is with San Francisco by means of steamboats and
launches, and the commerce of the town is constantly
increasing.

Other towns exist — on paper — in the neighborhood
of San Francisco and the gold region, and, doubtless,
they will, in the course of time, become settled by a
thriving, go-ahead population from the Atlantic States.
Land speculation in California is as profitable a
business as gold-digging — and less toilsome. Many of

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114 HISTORY OF CALIFOKNTA.

the shrewd ones, who early took advantage of this
" tide in the aifairs of men/' have already reached the
goal of their hopes, an independent fortune. Those
who saw how things would turn out, and purchased
land in the neighborhood of the region wdiich promised
to receive the principal current of the emigration to
California, found themselves wealthy in the short
space of a few months.

The great influx of emigrants to Upper California
has brought the subject of the settlement of the penin-
sula into consideration. There is but little doubt that
Lower California will, sooner or later, become the
property of the United States, and then its settlement
and progress will be rapid. The coast upon the gulf
affords many excellent harbors, and the mountainous
region of the interior gives abundant evidence of
mineral wealth, as far as it has been explored. Several
silver mines have been opened in different p]aces, the
principal of which are at San Antonio, between La
Paz and Cape San Lucas. Near Loretto, the first
settlement in California, extensive copper mines have
been opened, and lead and iron abound in all direc-
tions. The pearl fishery of the gulf has already
yielded an enormous wealth, having been prosecuted
from the time of the discovery of the peninsula. The
fishing season lasts from May till November, and
more than a hundred vessels are yearly engaged in
the business. These resources, despite the general
unfitness of the country for agricultural purposes, will
soon attract their full share of consideration, and
cause an influx of emigrants and adventurers from the
United States and other countries. Some portions
of the country are susceptible of irrigation, and
might thus be rendered fit for cultivation.

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HISTORY OF CALIFORNIA. 115

The principal port of Lower California is La Paz,
situated near the mouth of the gulf. The bay on the
shore of which the town is located, is of great extent
and beauty, and possesses a large number of rich
pearl oyster-beds — the pearl fishery having at one
time supplied the chief article of traffic on this part
of the coast. The country around the bay is elevated
and picturesque, though rugged ; the soil being com-
posed principally of rock and sand, wildly and irre-
"^ularly covered with the most prickly species of
stunted bu^^hes and shrubs of sunburnt hue. The
town of La Paz is neatly built and presents a pretty
appearance. The streets are lined with willow trees,
and these meeting overhead, form a delicious shade
during the heat of the day. The houses are all con-
structed of adobes, plastered white, and thatched with
the leaves of the palm tree. The beach is lined with
palms, cocoa-nut, fig and tamarind trees. La Paz
was taken by the American volunteers during the
war with Mexico, and considerable destruction of the
orchards, gardens and houses of the town was the
consequence. The harbor oJBfers great advantages for
a naval station, and such, doubtless, it will become.

San Jose, the most southern town of Lower Cali-
fornia, is situated about half-way between Cape San
Lucas and Cape Palmo, on a sort of desert plain,
extending from the beautiful valley of San Josd to the
ocean. It is located about three miles from the beach,
and is one of the strangest creations in the shape of a
town imaginable.

The heavy rains and freshets which occur in the
wet season, in this region, render every elevation in-
valuable as a preservative against the dangers of sud-
den inundations ; hence all the houses are built upon

116 HISTORY OF CALIFORNIA.

steeps, rocks, and hillocks, necessarily irrespective of
order ; so that, even in the most densely populated
districts, barren hills, as yet unoccupied by dwellings,
are frequently to be met with, with deep hollows in
every part, converting mere visits into positive enter-
prises, in most instances both tedious and disagreeable.
To these great natural disadvantages, the indolence
of the inhabitants has added others, their common
practice being to dig for adobe clay at the nearest
convenient spot, namely, for the most part, opposite
their own doors ; thus, one would imagine that the
site of the whole town had been visited and disturbed
by a succession of miniature earthquakes, which, whilst
they had left the houses themselves unshaken, had
heaved and perched them up in the most uncomfort-
able positions, and in the most inaccessible places. In
the very centre of the principal street, which appears
to have once upon a time been level, are three or four
immense clay-pits, serving as a receptacle for dead
dogs, cats, bones, vegetable refuse, and, in a word,
every description of rubbish and nuisance a very dirty
population can convey to or discharge in them.

But a description of the town would be incomplete
without adding that it is dotted about in these hollows,
and in the sand-holes in the rocks, with patches of
thorn, brush, and cacti, forming a singular yet refresh-
ing contrast with the general barrenness of the region
itself, the whole being smTOunded by a bleak moun-
tainous range, which increases in elevation until it
blends with the clear sky, far in the distance.

The principal, indeed the only regular street in
the town, is wide and long, the houses being con-
structed of adobes and cane, thatched with palm leaves.
It is blocked up at the remoter end by the fort, which

HISTORY OF CALIFORNIA. 117

stands upon a wide foundation of rock of considerable
elevation ; various portions of the adohS walls con-
necting the crags having been pierced, so as to allow
artillery to be trained through the embrasures, whilst,
in other parts, there are numerous loop-holes for
musketry. There are some very awkward cavities
amongst these rocks, produced by digging for clay for
the adohe work. The fort is flat-roofed and para-
petted, having portholes for cannon ; and below, in
the very centre of the building, occupying about a third
of its entire length, runs a thick wall, forming a cres-
cent, well mounted with heavy guns. At the end of
this crescent, between it and the front wall, is the
entrance to the fort — a mere aperture, barely wide
enough to allow of one man's passing ip.

These defences proved to be of great advantage to
a small party of Americans that landed at San Jos^,
durinof the war between the United States and Mexico,
and were compelled to take shelter in the old quartel,
or barracks. There they were surrounded by the
Californians, and stood a siege of several weeks',
suflfering incredible hardships. The population of San
Jose numbers about three thousand, the majority being
semi-Indians, or the pure descendants of the Mexicans,
There is little promise of any considerable increase in
the size of the town, owing to the natural disadvan-
tages of situation.

The other towns of Lower California are — San
Antonio, in the neighborhood of an extensive silver
mine, which has been worked for a long time with
considerable profit ; Loreto, on the gulf coast, about
two hundred miles north of La Paz ; San Domingo
and Todos Santos, on the Pacific coast. The latter
town is situated on the bay of the same name, and is

118 HISTORY OF CALIFORNIA*

tlie most northerly part of Lower California. The
church and mission buildings at this place are the
largest and most imposing structures of the kind in
Lower California. The church has a handsome front
and a lofty steeple. The mission is the residence of
the head of the church in Lower California. There
is every reason to believe^ that, when the richer por-
tions of Upper California begin to get a little crowded,
the tide of emigration will be tui-ned to the south, and
the ports of the peninsula will become of great com-
mercial importance. Then, if not before, the country
will become the property of the United States, either
"by way of purchase, or after the manner of Texas.

CHAPTER IX,

THE FORMATIOX OF A STATE GOVERXME^'T,

The state of things which induced the people of
California to form a state government deserves to be
fully set forth. Their condition was without prece-
dent in history ; and from a statement of that condi-
tion, it will be seen that the framing of a constitution
and the organization of a state government was the
only resource of the Californians. The representations
of the report of Thomas Butler King to the govern-
ment of the United States will not be contradicted,
and these we insert.

" The discovery of the gold mines had attracted n
very large number of citizens of the United States t >

HISTORY OF CALIFORNIA. 119

to that territory, who had never been accustomed to
any other than American law, administered by Ameri-
can courts. There they found their rights of property
and person subject to the uncertain, and frequently
most oppressive, operation of laws written in a lan-
guage they did not understand, and founded on prin-
ciples, in many respects, new to them. They complained
that the alcaldes, or judges, most of whom had been
appointed or elected before the immigration had com-
menced, were not lawyers by education or profession ;
and, being Americans, they were, of course, unac-
quainted with the laws of Mexico, or the principles of
the civil law on which they are founded.

" As our own laws, except for the collection of
revenue, the transmission of the mails, and establish-
ment of postoffices, had not been extended over that
territory, the laws of Mexico, as they existed at the
conclusion of the treaty of Guadalupe Hidalgo, regu-
latinn- the relations of the inhabitants of California
with each other, necessarily remained in force ;* yet,
there was not a single volume containing those laws,
as far as I know or believe, in the whole territory,
except, perhaps, in the governor's office at Monterey.

" The magistrates, therefore, could not procure
them, and the administration of justice was, neces-
sarily, as unequal and fluctuating as the opinions of
the judges were conflicting and variable,

" There were no fee-bills to regulate costs ; and,
consequently, the most cruel exactions, in many in-
stances, were practised.

" The greatest confusion prevailed respecting titles
to property, and the decision of suits involving the

♦ Sec American Insurance Company, et al. vs. Canter, 1st Peters'
Supreme Court Reports, 542.

120 HISTORY OF CALIFORNIA.

most important rights, and very large sums of money
depended upon the dictum of the judge.

" The sale of the territory by Mexico to the United
States had necessarily cut off or dissolved the laws
regulating the granting or procuring titles to land ;
and, as our own land-laws had not been extended over
it, the people were compelled to receive such titles as
were offered to them, without the means of ascertain-
ing whether they were valid or not.

" Litigation was so expensive and precarious that
injustice and oppression were frequently endured,
rather than resort to so uncertain a remedy.

*' Towns and cities were springing into existence ;
many of them without charters or any legal right to
organize municipal authorities, or to tax property or
the citizens for the establishment cf a police, the
erection of prisons, or providing any of those means
for the protection of life and property which are so
necessary in all civil communities, and especially
among a people mostly strangers to each other.

" Nearly one million and a half of dollars had been
paid into the custom-house, as duties on irnported
goods, before our revenue laws had been extended over
the country; and the people complained bitterly that
they were thus heavily taxed without being pro-
vided with a government for their protection, or
laws which they could understand, or allowed the
right to be represented in the councils of the
nation.

" While anxiously waiting the action of Congress,
oppressed and embarrassed by this state of affairs, and
feeling the pressing necessity of applying such reme-
dies as were in their power, and circumstances seemed
to justify, they resolved to substitute laws of their own

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HISTORY OF CALIFORNIA. 121

for the existing system, and to establish tribunals for
their proper and faithful administration.

"In obedience, therefore, to the extraordinary
exigencies of their condition, the people of the city of
San Francisco elected members to form a legislature,
and clothed them with full powers to pass laws.

" The communities of Sonoma and of Sacramento
city followed the example.

" Thus were three legislative bodies organized ; the
two most distant being only one hundred and thirty
miles apart.

" Other movements of the kind were threatened,
and doubtless would have followed, in other sections
of the territory, had they not been arrested by the
formation of a State government.

" While the people of California were looking to
Congress for a territorial government, it was quite
evident that such an organization was daily becoming
less suited to their condition, which was entirely differ-
ent from that of any of the territories out of which
the new States of the Union had been formed.

" Those territories had been at first slowly and
sparsely peopled by a few hunters and farmers, who
penetrated the wilderness, or traversed the prairies,
in search of game or a new home ; and, when thus
gradually their population warranted it, a government
was provided for them. They, however, had no foreign
commerce, nor any thing beyond the ordinary pui'suits
of ajzriculture, and the various branches of business
which usually accompany it, to induce immigration
within their borders. Several years were required to
give them sufficient population and wealth to place
them in a condition to require, or enable thera to sup-
port, a State government.

11

122 HISTORY OF CALIFORNIA.

"Not SO with California. The discovery of the
vast metallic and mineral wealth in her mountains had
abeadj attracted to her, in the space of twelve months,
more than one hundred thousand people. An exten-
sive commerce had sprung up with China, the ports of
Mexico on the Pacific, Chili, and Australia.

" Hundreds of vessels from the Atlantic ports of
the Union, freighted with our manufactures and
agricultural products, and filled with oui* fellow-citi-
zens, had arrived, or were on their passage round
Cape Horn ; so that, in the month of June last, (1849)
there were more than three hundred sea-going vessels
in the port of San Francisco.

" California has a border on the Pacific of ten de-
grees of latitude, and several important harbors which
have never been surveyed; nor is there a buoy, a
beacon, a lighthouse, or a fortification, on the whole
coast.

" There are no docks for the repair of national or
mercantile vessels nearer than New York, a distance
of some twenty thousand miles round Cape Horn.

" All these things, together with the proper regula-
tions for the gold region, the quicksilver mines, the
survey and disposition of the public lands, the adjust-
ment of land titles, the establishment of a mint and
of marine hospitals, required the immediate formation
of a more perfect civil government than California
then had, and the fostering care of Congress and the
Executive.

" California had, as it were by magic, become a
State of great wealth and power. One short year
had given her a commercial importance but little
inferior to that of the most powerful of the old States.
She had passed her minority at a single bound, and

HISTORY OF CALIFORNIA. 123

might justly be regarded as fully entitled to take her
place as an equal among her sisters of the pnion.

" When, therefore, the reality became kno'svn to the
people of that territory that the government had done
nothing to relieve thein from the evils and embarrass-
ments under which they were suffering, and seeing no
probability of any change on the subject which divided
Congress, they adopted, with most unexampled una-
nimity and promptitude, the only coui'se which lay
open to them — the immediate formation of a State
government.

" They were induced to take this step not only for
the reason that it promised the most speedy remedy
for present difficulties, but because the great and
rapidly growing interests of the territory demanded
it ; and all reflecting men saw, at a glance, that it
ought not to be any longer, and could not, under any
circumstances, be much longer postponed.

" They not only considered themselves best qualified,
but that they had the right to decide, as far as they
were concerned, the embarrassing question which was
shaking the Union to its centre, and had thus far
deprived them of a regularly organized civil govern-
ment. They believed that, in forming a constitution,
they had a right to establish or prohibit slavery, and
that, in their action as a State^ they would be sustained
by the North and the South.

" In taking this step, they proceeded with all the
regularity which has ever characterized the American
people in discharging the great and important duties
X)f self-government.

*' The steamer in which I was a passenger did not
stop at Monterey ; I therefore did not see General
Riley, nor had I any communication with him until

124 HISTORY OF CALIFOENIA.

about the middle of the month, -R-hen he came to San
Francisco. A few days after my arrival, his procla-
mation calling a Convention to form a State constitu-
tion, dated the tJiird of June, was received.

"The people acted in compliance with what they
believed to be the views of Congress, and conformably
to the recommendations of the proclamation ; and pro-
ceeded, on the day appointed, to elect members to a
Convention for the purpose of forming a constitution,
to be regularly submitted to the people for their ratifi-
cation or rejection, and, if approved, to be presented
to Congress, with a prayer for the admission of Cali-
fornia, as a State, into the Union."

According to the recommendation of General Riley,
the civil governor of California, an election of delegates
to form a Convention was held on the 1st of August,
1849. The number of delegates to be elected was
thirty-seven. General Riley, General Smith, and
Thomas Butler King, used every means to stimulate
the people to hold the preparatory meetings, and they
were generally successful. But in some districts
scarcely any move was made until a few days before
the election. In one or two instances, the election
was not held upon the day appointed ; but the Con-
vention nevertheless admitted the delegates elected in
such cases.

The Convention was to meet on the 1st of Septem-
ber, at Monterey ; but it did not get regularly organ-
ized until the 4th of that month, when Dr. Robert
Semple, of the Sonoma district, was chosen president.
The proportion of the native Californian members to
the American was about equal to that of the popula-
tion. Among the members was Captain John Sutter,
the pioneer settler of California, General Yalleja and

HISTORY OF CALIFORNIA. 125

Antonio Pico, who had both been distinguished men
in California, before the conquest. The body, as a
whole, comnMinded respect, as being dignified and
intellectual.

The Declaration of Rights was the first measure
adopted by the Convention. Its sections being general
and liberal in their character, were nearly all adopted
by a unanimous vote. The clause prohibiting the
existence of slavery was tlie unanimous sentiment of
the Convention. The Constitution will be found in
another part of this work, and we will not here recapitu-
late its provisions. It combines the best features of the
Constitutions of the States east of the Rocky Moun-
tains, and is in most respects similar to that of the
State of New York.

The most exciting questions discussed were, a clause
prohibiting the entrance of free people of color into
the State, the boundary line, and the great seal of
the State. The first, the clause prohibiting the
entrance of free people of color into the State,
passed first reading, but was subsequently rejected
by a large majority. The question of sufi'rage occa-
sioned some discussion, widely difi"ering opinions
being entertained by the members. An article was
adopted by the Convention, excluding Indians and
negroes, with their descendants, from the privilege of
voting ; but it was subsequently modified by a proviso,
which gave the Legislature power of admitting Indians,
or the descendants of Indians to the right of sufi'rage
by a two-thirds concurrent vote. Under this provi-
sion, some of the most wealthy and influential Califor-
nians are excluded from voting until permitted by the
Legislature.

The boundary question, which came up towards the

11*
I

126 IIISTOEY OF CALIFORNIA.

close of the Convention, Avas the most exciting theme.
The point of dispute was the eastern boundary line.
The Pacific formed the natural boundary on the west ;
the parallel of 42 degrees, the boundary on the north,
and the Mexican line, run in conformity with the
treaty of Guadalupe Hidalgo, the boundary on the
south. The discussion, reconsideration and voting
upon the various propositions occupied nearly two
days. Finally, the line detailed in the Constitution
was adopted.

The discussion upon the adoption of the Great Seal
for the State was amusing. Eight or ten designs were
offered, and the members from the different districts
were all anxious to have their particular district repre-
sented. The choice finally fell upon one offered by a
Major Garnett. The principal figure is Minerva, with
spear and shield, emblematic of the manner in which
California was born, fidl-grown, into the confederacy.
At her feet crouches the grizzly bear. Before him is
the wheat-sheaf and vine, illustrating the agricultural
products of the country. Near them is the miner,
with liis implements. In the distance is the Bay of
San Francisco, and beyond that, the Sierra Nevada,
over which appears the word "Eureka." The closing
scenes of the Convention are described in graphic and
vivid colors by one who was an eye-witness to them,
and recorded them upon the spot.*

" The members met this morning at the usual hour,
to perform the last duty that remained to them — that
of signing the Constitution. They were all in the
happiest humor, and the morning was so bright and
balmy that no one seemed disposed to call an organi-

* Bayard Taylor, El Dorado, or Adventures in the Path of Empire.

HISTORY OF CALIFORNIA. 127

zation. Mr. Scmple was sick, and Mr. Steuart, of
San Francisco, therefore called tlie meeting to order
by moving Captain Sutter's appointment in his place.
The chair was taken by the old pioneer, and the mem-
bers took their seats around the sides of the hall,
which still retained the pine-trees and banners, left
from last night's decorations. The windows and doors
were open, and a delightful breeze came in from the
bay, whose blue waters sparkled in the distance. The
view from the balcony in front was bright and inspiring.
The town below — the shipping in the harbor — the
pine-covered hills behind — were mellowed by the blue
October haze, but there was no cloud in the sky, and
I could plainly see, on the northern horizon, the
mountains of Santa Cruz and the Sierra de Gavilan.

"After the minutes had been read, the Committee
appointed to draw up an Address to the people of
California, was called upon to report, and Mr. Steuart,
Chairman, read the Address. Its tone and sentiment
met with universal approval, and it was adopted with-
out a dissenting voice. A resolution was then offered
to pay Lieutenant Hamilton, who is now engaged in
engrossing the Constitution upon parchment, the sum
of §500 for his labor. This magnificent price, proba-
bly the highest ever paid for a similar service, is on a
par with all things else in California. As this was
their last session, the members were not disposed to
find fault with it, especially when it was stated by one
of them that Lieutenant Hamilton had written day
and night to have it ready, and was still working
upon it, though with a lame and swollen hand. The
sheet for the signer's names was ready, and the Con-
vention decided to adjourn for half an hour and then
meet for the purpose of signing.

128 HISTORY OF CALIFORNIA.

"I amused myself during the interval by walking
about the town. Every body knew that the Conven-
tion was about closing, and it was generally under-
stood that Captain Burton had loaded the guns at the
fort, and would fire a salute of thirty-one guns at the
proper moment. The citizens, therefore, as well as
the members, were in an excited mood. Monterey
never before looked so bright, so happy, so full of
pleasant expectation.

"About one o'clock the Convention met ao^ain; few
of the memoers, indeed, had left the hall. Mr. Sem-
ple, though in feeble healthy called them to order, and,
after having voted General Riley a salary of $10,000,
and Mr. Halleck, Secretary of State, $6000 a year,
from the commencement of their respective offices,
they proceeded to affix their names to the completed
Constitution. At this moment a signal was given ;
the American colors ran up the flag-staff in front of
the government buildings, and streamed out on the
air. A second afterward the first gun boomed from
the fort, and its stirring echoes came back from one
hill after another, till they were lost in the distance.

"All the native enthusiasm of Captain Sutter's
Swiss blood was aroused ; he was the old soldier again.
He sprang from his seat, and, waving his hand around
his head, as if swinging a sword, exclaimed ; ' Gentle-
men, this is the happiest day of my life. It makes
me glad to hear those cannon : they remind me of the
time when I was a soldier. Yes, I am glad to hear
them — this is a great day for California !' Then,
recollecting himself, he sat down, the tears streaming
from his eyes. The members with one accord, gave
three tumultuous cheers, which were heard from one
end of the town to the other, As the signing went

tiiiis.

o
<

HISTORY OF CALirORNIA. 129

on, gun followed gun from the fort, the echoes rever-
berating grandly around the bay, till finally, as the
loud ring of i\ie thirfij -first was heard, there was a
shout : ' That's for California I' and every one joined
in giving three times three for the new star added to
our Confederation.

'' There was one handsome act I must not omit to
mention. The captain of the English bark Volunteer,
of Sidney, Australia, lying in the harbor, sent on shore
in the morning for an American flag. When the first
gun was heard, a line of colors ran fluttering up to the
spars, the stars and stripes flying triumphantly from
the main-top. The compliment was the more marked,
as some of the American vessels neglected to give any
token of recognition to the event of the day.

" The Constitution having been signed and the Con-
vention dissolved, the members proceeded in a body
to the house of General Riley. The visit was evidently
unexpected by the old veteran. When he made his
appearance, Captain Sutter stepped forward, and
having shaken him by the hand, drew himself into an
erect attitude, raised one hand to his breast as if he
were making a report to his commanding officer on the
field of battle, and addressed him as follows :

" ' General : I have been appointed by the dele-
gates, elected by the people of California to form a
Constitution, to address you in their names and in
behalf of the whole people of California, and express
the thanks of the Convention for the aid and coopera-
tion they have received from you in the discharge of
the responsible duty of creating a State government.
And, sir, the Convention, as you will perceive from
the official records, duly appreciates the great and
important services you have rendered to our common

130 HISTORY OF CALIFOE]SIA.

country, and especially to tlie people of California,
and entertains the confident belief that you will receive
from the whole of the people of the United States,
when you retire from your official duties here, that
verdict so grateful to the heart of the patriot : ' Well
done, thou good and faithful servant.'

" General Riley was visibly affected by this mark
of respect, no less appropriate than well deserved on
his part. The tears in his eyes, and the plain, blunt
sincerity of his voice and manner, went to the heart
of every one present. ' Gentlemen,' he said, ' I
never made a speech in my life. I am a soldier — but
I can feel; and I do feel deeply the honor you have
this day conferred upon me. Gentlemen, this is a
prouder day to me than that on which my soldiers
cheered me on the field of Contreras. I thank you
all from my heart. I am satisfied now that the people
have done right in selecting delegates to frame a Con-
stitution. They have chosen a body of men upon
whom our country may look with pride ; you have
framed a Constitution worthy of California. And I
have no fear for California while her people choose
their representatives so wisely. Gentlemen, I con-
gratulate you upon the successful conclusion of your
arduous labors ; and I wish you all happiness and
prosperity.'

" The General was here interrupted with three hearty
cheers which the members gave him, as Governor of
California, followed by three more, ' as a gallant soldier,
and worthy of his country's glory.' He then con-
cluded in the following words : * I have but one thing
to add, gentlemen, and that is, that my success in the
affairs of California is mainly owing to the efficient
aid rendered me by Captain Halleck, the Secretary

HISTORY OF CALIFORNIA. 131

of State. He has stood by me in all emergencies.
To liim I liave always appealed when at a loss myself;
and he has never failed me.'

'•' This recognition of Captain Halleck's talents and
the signal service he has rendered to our authorities
here, since the conquest, was peculiarly just and appro-
priate. It was so felt Ly the members, and they
responded with equal warmth of feeling by giving
three enthusiastic cheers for the Secretary of State.
They then took their leave, many of them being anxious
to start this afternoon for their various places of resi-
dence. All were in a happy and satisfied mood, and
none less so ili;ui the i ative members. Pedrorena
declared that this was the most fortunate day in the
history of California. Even Carillo, in the beginning
one of our most zealous opponents, displayed a genuine
zeal for the Constitution, which he helped to frame
under the laws of our republic."

The elections for the various officers under the new
Constitution took place on the 13th of November,
1849. Peter H. Burnett was chosen Governor, and
John McDougall, Lieutenant-Governor. George W.
Wriijht and Edward Gilbert were chosen to fill the
posts of representatives in Congress. The first State
Legislature met at the capital, the pueblo de San
Jose, on the loth of December, and elected John C.
Fremont and Wm. M. Gwin, Senators to Congress.
Every branch of the civil government went at once
into operation, and admission into the Union as a
State seems all that is necessary to complete the settle-
ment of afliiirs in California.

132 HISTORY OF CALIFOKKIA.

CHAPTER X.

POPULATION, CLIMATE, PRODUCTIONS, kc.

With regard to the population, climate, soil, pro-
ductions, &c., we extract from Mr. King's Report, as
giving the most reliable and complete information.

^'Humboldt, in his 'Essay on New Spain,' states
the population of Upper California, in 1802, to have
consisted of

Converted Indians, . . . 15,562
Other classes, .... 1,300

16,862

" Alexander Forbes, in his ' History of Upper and
Lower California,' published in London, in 1839, states
the number of converted Indians in the former to
have been, in 1831, . . . 18,683

Of all other classes, at . . . 4,342

23,025

" He expresses the opinion that this number had
not varied much up to 1885, and the probability is,
there was very little increase in the white population
until the emigrants from the United States began to
enter the country in 1838.

"They increased from year to year, so that, in
1846, Colonel Fremont had little difficulty in calhng
to his standard some five hundred fis-htincr men.

" At the close of the war with Mexico, it was sup-
posed that there were, including discharged volunteers,

HISTORY OF CALIFORNIA. 133

from ten to fifteen thousand Americans and Callfor-
nians, exclusive of converted Indians, in the territory.
The immigration of American citizens in 1849, up to
the 1st of January last, was estimated at eighty thou-
sand— of foreigners, twenty thousand.

" The population of California may, therefore, be
safely set down at 115,000 at the commencement of
the present year.

"It is quite impossible to form any thing like an
accurate estimate of the number of Indians in the ter-
ritory. Since the commencement of the war, and
especially since the discovery of gold in the mountains,
their numbers at the missions, and in the valleys near
the coast, have very much diminished. In fact, the
whole race seems to be rapidly disappearing.

" The remains of a vast number of villages in all
the valleys of the Sierra Nevada, and among the foot-
hills of that range of mountains, show that at no dis-
tant day there must have been a numerous population,
where there is not now an Indian to be seen. There
are a few still retained in the service of the old Cali-
fornians, but these do not amount to more than a few
thousand in the whole territory. It is said there are
large numbers of them in the mountains and valleys
about the head-waters of the San Joaquin, along the
western base of the Sierra, and in the northern part
of the territory, and that they are hostile. A number
of Americans were killed by them during the last
summer, in attempting to penetrate high up the rivers
in search of gold ; they also drove one or two parties
from Trinity River. They have, in several instances,
attacked parties coming from or returning to Oregon,
in the section of country which the lamented Captain
Warner was examining when he was killed.

12

134 HISTORY OF CALIFORNIA.

" It is quite impossible to form any estimate of tlie
number of these mountain Indians, Some suppose
there are as many as three hundred thousand in the
territory, but I should not be inclined to believe that
there can be one-third of that number. It is quite
evident that they are hostile, and that they ought to
be chastised for the murders already committed.

"The small bands with whom I met, scattered
through the lower portions of the foot-hills of the
Sierra, and in the valleys between them and the coast,
seemed to be almost the lowest grade of human beings.
They live chiefly on acorns, roots, insects, and the
kernel of the pine burr; occasionally, they catch fish
and game. They use the bow and arrow, but are said
to be too lazy and efieminate to make successful hun-
ters. They do not appear to have the slightest incli-
nation to cultivate the soil, nor do they even attempt
it — as far as I could obtain information — except when
they are induced to enter the service of the white
inhabitants. They have never pretended to hold any
interest in the soil, nor have they been treated by the
Spanish or American immigrants as possessing any.

" The Mexican government never treated with them
for the purchase of land, or the relinquishment of any
claim to it whatever. They are lazy, idle to the last
degree, and, although they are said to be willing to
give their services to any one who will provide them
with blankets, beef, and bread, it is with much diffi-
culty they can be made to perform labor enough to
reward their employers for these very limited means
of comfort.

" Formerly, at the missions, those who were brought
up and instructed by the priests made very good ser-
vants. Many of these now attached to families seem

HISTORY OF CALIFORNIA. 135

to he faithful and intelligent. But those who are at
all in a wild and uncultivated state are most degraded
objects of filth and idleness. \

" It is possible that government might, by collecting
them together, teach them, in some degree, the arts
and habits of civilization ; but, if we may judge of the
future from the past, they will disappear from the face
of the earth as the settlements of the whites extend
over the country. A very considerable military force
Trill be necessary, however, to protect the emigrants in
the northern and southern portions of the territory."

So much for the population of California at the
commencement of the present year, (1850.) By its
close, it is highly probable, the number will reach two
hundred thousand, exclusive of the Indians. Such a
population, composed, for the most part, of those who
are impregnated with the active, progressive spirit of
the American people, will undoubtedly conduct Cali-
fornia to a brilliant position among the stars of the
republic. With regard to the climate of the country,
various conflicting statements have been promulgated,
which arises from the visits of those who make the
statements having been made to different portions of
the country, and stating the climate of a portion as
the climate of the whole. Mr. King's Report fur-
nishes the most accurate account of the changes of
the temperature, and the state of the atmosphere
throughout the year, together with an explanation of
their causes. He says —

" I come now to consider the climate. The climate
of California is so remarkable in its periodical changes,
and for the long continuance of the wet and dry sea-
eons, dividing, as they do, the year into about two
two equal parts, which have a most peculiar influence

136 HISTORY OF CALIFORNIA.

on the labor applied to agriculture and the products
of the soil, and, in fact, connect themselves so insepa-
rably with all the interests of the country, that I deem
it proper briefly to mention the causes "which produce
these changes, and which, it will be seen, as this report
proceeds, must exercise a controlling influence on the
commercial prosperity and resources of the country.

" It is a well-established theory, that the currents
of au' under which the earth passes in its diurnal
revolutions, follow the line of the sun's greatest attrac-
tion. These currents of air are drawn towards this
line from great distances on each side of it ; and, as
the earth revolves from west to east, they blow from,
north-east and south-east, meeting, and, of course,
causing a calm, on the line.

" Thus, when the sun is directly, in common par-
lance, over the equator, in the month of March, these
currents of air blow from some distance north of the
Tropic of Cancer, and south of the Tropic of Capri-
corn, in an oblique direction towards this line of the
sun's greatest attraction, and forming what are known
as the north-cast and south-east trade winds.

" As the earth, in its path round the sun, gradually
brings the line of attraction north, in summer, these
currents of air are carried with it ; so that about the
middle of May the current from the north-east has
extended as far as the 38th or 39th degree of north
latitude, and by the twentieth of June, the period of
the sun's greatest northern inclination, to the northern
portions of California and the southern section of
Oregon.

" These north-east winds, in their progress across
the continent, towards the Pacific Ocean, pass over
the snow-capped ridges of the Rocky Mountains and

O

HISTORY OF CALIFORNIA. 137

the Sierra Nevada, and are, of coivrse, deprived of all
the moisture which can be extracted from them by the
low temperature of those regions of eternal snow, and
consequently no moisture can be precipitated from
them, in the form of dew or rain, in a higher tempera-
ture than that to which they have been subjected.
They, therefore, pass over the hills and plains of
California, where the temperature is very high in
summer, in a very dry state ; and, so far from being
charged with moisture, they absorb, like a sponge, all
that the atmosphere and surface of the earth can yield,
until both become, apparently, perfectly dry.

" This process commences, as I have said, when the
line of the sun's greatest attraction comes north in
summer, bringing with it these vast atmospheric
movements, and, on their approach, produce the dry
season in Cahfornia ; which, governed by these laws,
continues until some time after the sun repasses the
Equator in September, when, about the middle of
November, the climate being relieved from these north-
east currents of air, the south-west winds set in from
the ocean charged with moisture — the rains commence
and continue to fall, not constantly, as some persons
have represented, but with sufficient frequency to
designate the period of their continuance, from about
the middle of November until the middle of May, in
the latitude of San Francisco, as the luct season.

"It follows, as a matter of course, that the dr?/
season commences first, and continues longest in the
southern portions of the territory, and that the climate
of the northern part is influenced in a much less
degree, by the causes which I have mentioned, than
any other section of the country. Consequently, we
find that, as low down as latitude 39°, rains are sufli-'

138 HISTORY OP CALIFORXIA.

ciently frequent in summer to render irrigation quite
unnecessary to the perfect maturity of any crop which
is suited to the soil and cUmate.

" There is an extensive ocean current of cold water,
"which comes from the northern regions of the Pacific,
or, perhaps, from the Arctic, and flows along the
coast of California. It comes charged with, and emits
in its progress, cold air, which appears in the form of
fog when it comes in contact with a higher tempera-
ture on the American coast, as the gulf-stream of the
Atlantic exhales vapor when it meets, in any part of
its progress, a lower temperature. This current has
not been surveyed, and, therefore, its source, tempera-
ture, velocity, width, and course, have not been accu-
rately ascertained.

*' It is believed, by Lieutenant Maury, on what he
considers sufficient evidence — and no higher authority
cxin be cited — that tliis current comes from the coasts
of China and Japan, flows northwardly to the penin-
sula of Kamtschatka, and, making a circuit to the
eastward, strikes the American coast in about latitude
41° or 42°. It passes thence southwardly, and finally
loses itself in the tropics.

" Below latitude thirty-nine, and west of the foot-
hills of the Sierra Nevada, the forests of California
are limited to some scattering groves of oak in the
valleys and along the borders of the streams, and of
red wood on the ridges and in the gorges of the hills
— sometimes extending into the plains. Some of the
hills are covered with dwarf shrubs, which may be
used as fuel. With these exceptions, the whole
territory presents a surface without trees or shrub-
bery. It is covered, however, with various species
of grass, and, for many miles from the coast, with

HISTORY OF CALIFORNIA. 139

wild oats, which, in the valleys, grow most luxuriantly.
These grasses and oats mature and ripen early in the
dry season, and soon cease to protect the soil from
the scorching rays of the sun. As the summer ad-
vances, the moisture in the atmosphere and the earth,
to a considerable depth, soon becomes exhausted ;
and the radiation of heat, from the extensive naked
plains and hill-sides, is very great.

" The cold, dry currents of air from the north-east,
after passing the Rocky Mountains and the Sierra
Nevada, descend to the Pacific, and absorb the moist-
ure of the atmosphere, to a great distance from the
land. The cold air from the mountains, and that
which accompanies the great ocean current from the
north-west, thus become united ; and vast banks of
fog are generated, which, when driven by the wind,
has a penetrating, or cutting^ efi'ect on the human
skin, much more uncomfortable than would be felt in
the humid atmosphere of the Atlantic, at a much
lower temperature.

" As the sun rises from day to day, week after week,
and month after month, in unclouded brightness dur-
ing the dry season, and pours down its unbroken rays
on the dry, unprotected surface of the country, the
heat becomes so much greater inland than it is on the
ocean, that an under-cui-rent of cold air, bringing the
fog with it, rushes over the coast range of hills, and
through their numerous passes, towards the interior.

"Every day, as the heat, inland, attains a sufficient
temperature, the cold, dry wind from the ocean com-
mences to blow. This is usually from eleven to one
o'clock ; and, as the day advances, the wind increases
and continues to blow till late at night. When the
vacuum is filled, or the equilibrium of the atmosphere

140 HISTOKY OF CALIFORNIA.

restored, the wind ceases ; a perfect calm prevails
until about the same hour the following day, when
the same process commences and progresses as be-
fore ; and these phenomena are of daily occurrence,
with few exceptions, throughout the dry season.

" These cold winds and fogs render the climate at
San Francisco, and all along the coast of California,
except the extreme southern portion of it, probably
more uncomfortable, to those not accustomed to it, in
summer than in winter.

"A few miles inland, where the heat of the sun
modifies and softens the wind from the ocean, the
climate is moderate and delightful. The heat, in the
middle of the day, is not so great as to retard labor
or render exercise in the open air uncomfortable.
The nights are cool and pleasant. This description
of climate prevails in all the valleys along the coast
range, and extends throughout the country, north and
south, as far eastward as the valley of the Sacramento
and San Joaquin. In this vast plain, the sea-breeze
loses its influence, and the degree of heat in the
middle of the day, during the summer months, is
much greater than is known on the Atlantic coast in
the same latitudes. It is dry, however, and probably
not more oppressive. On the foot-hills of the Sierra
Nevada, and especially in the deep ravines of the
streams, the thermometer frequently ranges from
110° to 115° in the shade, during three or four hours
of the day, say from eleven until three o'clock. In
the evening, as the sun declines, the radiation of heat
ceases. The cool, dry atmosphere from the mountains
spreads over the whole country, and renders the
nights cool and invigorating.

"I have been kindly furnished, by Surgeon-General

HISTORY OF CALIFORNIA. 141

Lawson, U. S. Army, with tliermomctrlcal observa-
tions, taken at the following places in California,
viz : At San Francisco, by Assistant-Surgeon W. C.
Parker, for six months, embracing the last quarter of
1847 and the first quarter of 1848. The monthly
mean temperature was as follows : October, 57°;
November, 49°; December, 50°; January, 49°;
February, 50°; March, 51°.

"At Monterey, in latitude 3G° 38' north and longi-
tude 121° west, on the coast, about one degree and a
half south of San Francisco, by Assistant-Surgeon
W. S. King, for seven months, from May to Novem-
ber inclusive. The monthly mean temperature was :
May, dQ""; June, 59°; July, 62°; August, 59°; Sep-
tember, 58°; October, 60°; November, 56°.

"At Los Angeles, latitude 34° 7', longitude west
118° 7', by Assistant-Surgeon John S. Griffin, for
ten months, from June, 1847, to March, 1848, inclu-
sive. The monthly mean temperature was : June,
73°; July, 74°; August, 75°; September, 75°;
October, 69°; November, 59°; December, 60°;
January, 58°; February, 55°; March, 58°. This
place is about forty miles from the coast.

"At San Diego, latitude 32° 45', longitude west
117° 11', by Assistant-Surgeon J. D. Summers, for
the following three months of 1849, viz : July,
monthly mean temperature, 73°; August 75°; Sep-
tember, 70°.

" At Suttersville, on the Sacramento River, latitude
38° 32' north, longitude west 121° 34', by Assistant-
Surgeon R. Murray, for the following months of 1849:
July, monthly mean temperature, 73°; August, 70°;
September, 65°; October, (jr>°.

" These observations show a remarkably high tempe-

142 HISTORY OF CALIFORNIA.

rature at San Francisco during the six months from
October to March inclusive; a variation of only
eight degrees in the monthly mean, and a mean
temperature for the six months of 51 degrees.

"At Monterey, we find the mean monthly tempera-
ture of the seven months to have been 58°. If we
take the three summer months, the mean heat was 60°.
The mean of the three winter months was a little over
49°; showing a mean difference, on that part of the
coast, of only 11° between summer and winter.

" The mean temperature of San Francisco, for the
three winter months, was precisely the same as at
Monterey — a little over 49°.

" As these cities are only one degree and a half
distant from each other, and both situated near the
ocean, the temperature at both, in summer, may very
reasonably be supposed to be as nearly similar as the
thermometer shows it to be in winter.

" The mean temperature of July, August, and Sep-
tember, at San Diego, only 3° 53' south of Monterey,
was 72°. The mean temperature of the same months
at Monterey was a little over 59°; showing a mean
difference of 13°.

" This would seem to indicate that the cold ocean
current is thrown off from the southern part of the
coast by Point Conception, and the islands south of
it ; and consequently its influence on the climate of
San Diego is much less than at Monterey and San
Francisco. . »

" At Los Angeles, 40 miles distant from the coast,

the mean temperature of the three months was 74°;

of the three autumn months, 67°; of the three
winter months, 57°.

"At Suttersville, about one hundred and thirty

HISTORY OF CALIFORNIA. 143

miles from the ocean, and four degrees north of Los
Angeles, the mean temperature of August, Septem-
ber, and October, was 67°. The mean temperature
of the same months at Monterey was 59°; showing a
diflference of 8° between the sea-coast and the interior,
on nearly the same parallel of latitude. A much
greater difference would undoubtedly appear, if we
had observations for the spring and summer months
of Suttersville and the gold mines.

" These variations in the climate of California ac-
count for the various and conflicting opinions and
statements respecting it.

" A stranger arriving at San Francisco in summer is
annoyed by the cold winds and fogs, and pronounces
the climate intolerable. A few months will modify,
if not banish his dislike, and he will not fail to ap-
preciate the beneficial effects of a cool, bracing atmo-
sphere. Those who approach California overland,
through the passes of the mountains, find the heat of
summer, in the middle of the day, greater than they
have been accustomed to, and, therefore, may com-
plain of it.

Those who take up their residence in the valleys
which are situated between the great plain of the
Sacramento and San Joaquin and the coast range of
hills, find the climate, especially in the dry season, as
healthful and pleasant as it is possible for any climate
to be which possesses sufficient heat to mature the ce-
real g^ns and edible roots of the temperate zone.

*' The division of the year into two distinct seasons
— dry and wet — impresses those who have been ac-
customed, to the variable climate of the Atlantic
States unfavorably. The dry appearance of the
country in summer, and the difficulty of moving about

144 HISTORY OF CALIFORNIA.

in winter, seem to impose serious difficulties in the
way of agricultural prosperity, while the many and
decided advanta^ies resultinor from the mildness of
winter, and the bright, clear weather of sum.mer, are
not appreciated. These will appear when I come to
speak of the productions of California. We ought
not to he surprised at the dislike which the immigrants
frequently express to the climate. It is so unlike
that from which they come, that they cannot readily
appreciate its advantages, or become reconciled to its
extremes of dry and wet.

"If a native of California were to go to New
England in winter, and see the ground frozen and
covered with snow, the streams with ice, and find
himself in a temperature many degrees colder than
he had ever felt before, he would probably be as much
surprised that people could or would live in so in-
hospitable a region, as any immigrant ever has been
at what he has seen or felt in California.

" So much are our opinions influenced by early im-
pressions, the vicissitudes of the seasons with which
we are familiar, love of country, home, and kindred,
that we ought never to hazard a hasty opinion when
we come in contact with circumstances entirely differ-
ent from those to which we have all our lives been
accustomed."

These remarks explain the reason of the diversity
of opinion expressed by persons who have visited
California, in a very satisfactory manner. ThdJtaUan
climate of Los Angeles has received the praises of
nearly all who have visited that city or its neighbor-
hood. The themometrical observations detailed in
the above account seem to prove that much of the un-
favorable opinions expressed concerning the climate is

HISTORY OF CALIFOF.MA. 145

the result of hasty judgment, and a dislike of tliat
which is different from that to which we have been
used.

The soil of California has also been the subiect of
various and conflicting statements. Many of those
who have spent some months in the country, and re-
turned to publish their hastily gathered observations,
either set down the soil as totally unfit for agricultural
purposes, or, having been located in some garden spot
the great portion of their time of residence there, pro-
nounce it unsurpassed for richness and fertility. As
Mr. King visited California with the sole object of
making accurate observations upon the territory and
its resources, the statements of the character of the
soil which are given in his report will carry greater
weight than any other. He says —

" The valleys which are situated parallel to the
coast range, and those which extend eastwardly in all
directions among the hills, towards the great plain of
the Sacramento, are of unsurpassed fertility.

" They have a deep black alluvial soil, which has
the appearance of having been deposited when they
were covered with water. This idea is strengthened
by the fact that the rising grounds on the borders of
these valleys, and many hills of moderate elevation,
have a soil precisely like that of the adjoining plains.

" This soil is so porous that it remains perfectly un-
broken by gullies, notwithstanding the great quantity
of water which falls in it annually during the wet
season. The land in the northern part of the terri-
tory, on the Trinity and other rivers, and on the bor-
ders of Clear Lake, as far as it has been examined, is
said to be remarkably fertile.

" The great valley of the Sacramento and San

13

10

146 HISTORY OF CALIFORNIA.

Joaquin lias evidently been, at some remote period,
the bed of a lake ; and those rivers, which drain it,
present the appearance of having cut their channels
through the alluvial deposit after it had been formed.
In fact, it is not possible that they could have been
instrumental in forming the plain through which they
pass. Their head-waters come from the extreme ends
of the valley, north and south ; and, were it not for
the supply of water received from the streams which
flow into them from the Sierra Nevada, their beds
would be almost, if not quite, dry in the summer
months. The soil is very rich, and, with a proper
system of drainage and embankment, would, undoubt-
edly, be capable of producing any crop, except sugar-
cane, now cultivated in the Atlantic States of the
Union.

^' There are many beautiful valleys and rich hill-
sides among the foot-hills of the Sierra Nevada, which,
when the profits of labor in mining shall be reduced
so as to cause its application to agriculture, will pro-
bably support a large population. There is said to
be a rich belt of well-timbered and watered country
extending the whole length of the gold region between
it and the Sierra Nevada, some twenty miles in width.
There is no information sufficiently accurate respect-
ing the eastern slope of the great snowy range to
enable us to form any opinion of its general character
or soil. Some of its valleys have been visited by
miners, who represe^it them as equal to any portion
of the country to the westward of it.

''The great valley of the Colorado, situated between
the Sierra Madre and the Sierra Nevada, is but little
IvTiown. It is inhabited by numerous tribes of savages,
who manifest the most decided hostility towards the

HISTORY OF CALIFORNIA. 147

whites, an'l have hitherto prevented any explorations
of their country, and do not permit emigrants to pass
through it. Therefore, parties from Santa Fe, on
their way to California, are compelled to make a cir-
cuit of near a thousand miles northward to the Salt
Lake, or about the same distance southward by the
route of the Gila. Although this valley is little known,
there are indications that it is fertile and valuable.

" The name of the river * Colorado' is descriptive
of its waters ; they are as deeply colored as those of
the Missouri or Red River, while those of the Gila,
which we know flows through barren lands, are clear.

"It would seem impossible for a large river to col-
lect sediment enough in a sandv, barren soil, to color
its waters so deeply as to give it a name among those
who first discovered and have since visited its shores.
The probability, therefore, is, that this river flows
through an alluvial valley of great fertility, wdiich has
never been explored. This conjecture is strengthened
by the fact that the Indians who inhabit it are hostile,
and oppose, as far as they can, all persons who attempt
to enter or explore it. This has been their uniform
course of conduct respecting all portions of the conti-
nent which have been fertile, abounding in game and
the spontaneous productions of the earth.

"As this valley is situated in the direct route from
Santa Fe to California, its thorough exploration be-
comes a matter of very great importance, especially
as it is highly probable that the elevated regions to
the north of it, covered with snow during most of the
year, will force the line of- the great national railway
to the Pacific through some portion of it.

" The soil I have described, situated west of the
Sierra Nevada, and embracing the plain of the Sacra-

148 HISTORY OF CALIFORNIA.

mento and San Joaquin, covers an area, as nearly as
I can estimate, of between fifty and sixty thousand
square miles, and would, under a proper system of
cultivation, be capable of supporting a population
equal to that of Ohio or New York at the present
time."

If this account be accurate, the soil of California
will yield a rich reward to the agriculturist, and be-
come a strong attraction to permanent settlers, who
are willing to trust to the more certain returns for
labor spent in tilling it. It is agriculture, undoubtedly,
which must give stability to the increase of the coun-
try, and, whatever may be the value of the gold mines,
furnish California with her substantial wealth. Few
cities or towns ever had a permanent prosperity which
had not a neighboring country fit for agricultural
purposes.

The quantity and quality of the present productions
of California, other than her mineral wealth, is an
important subject for inquiry. Previous to the dis-
covery of the gold, the exportable products consisted
almost exclusively of hides and tallow ; the inhabitants
paying more attention to the raising of horses and
cattle than to the cultivation of the soil. The reason
is found in the general characteristic of the Califor-
nians — indolence. Horses were raised to gratify
their passion for riding ; and cattle, because they
afforded a subsistence at a very small cost of labor.
As to what are, and what, by the character of the
soil and climate, might be, the products of California,
and how the wants of the people are to be supplied,
■we quote Mr. King's remarks:

" Beef cattle, delivered on the navigable waters of
the Bay of San Francisco, are now worth from $20 to

HISTORY OF CALIFORNIA. 149

^30 per head; horses, formerly worth from $5 to
§10, are now valued at ?60 to $150. The destruc-
tion of cattle for their hides and tallow has now entirely
ceased, in consequence of the demand for beef. This
demand, will, of course, increase with the population ;
and it would seem that, in a very few years, there
will be none to supply the market.

" If we estimate the number of cattle now in Cali-
fornia at 500,000 head, which is believed to be about
the number, and the population at 120,000 for the year
1850 — a low estimate — and suppose it to increase one
hundred thousand por annum, there will be in the
Territory or State, in 1854, five hundred and twenty
thousand people.

" If we adopt the estimate of those well acquainted
with the demand, of half a beef, on an average, to
each inhabitant, it appears there will be a consump-
tion, in 1850, of 60,000 head; in 1851, of 110,000;
^ 1852, of 160,000 ; in 1853, of 210,000 ; in 1854,
of 260,000— making an aggregate of 800,000, which
would absorb all the present stock, with its natural
increase.

" This is a very important matter, as connected with
the amount of supply which that country will ultimately
require from the Atlantic States of the Union. There
is no other country on earth which has, or will ever
possess, the means of supplying so great a demand.

" It is now a well-established fact among the immi-
grants to California, that oxen possess greater powers
of endurance than mules or horses; that they will
perform the distance with loaded wagons in less time,
and come in at the end of the journey in better con-
dition.

" Cows are now driven in considerable numbers

150 HISTORY or CALIFORNIA.

from Missouri, and the time cannot be far distant
when cattle from the "Western States will be driren
annually by tens of thousands to supply this new
market.

"If California increases in population as fast as
the most moderate estimate would lead us to believe,
it will not be five years before she will require more
than one hundred thousand head of beef cattle per
annum, from some quarter, to supply the wants of her
people.

" It must not be supposed that salt provisions may
supply this vast demand. Those who have attempted
to live on such food, during the dry season, have been
attacked with scurvy and other cutaneous diseases, of
which many have died.
- " There is no climate in the world where fresh meat
and vegetables are more essential to human health.
In fact, they are indispensable.

" It must not be inferred that cattle driven acrc^
the plains and mountains, from the Western States,
will be fit for beef on their arrival in California. But
one winter and spring, on the luxuriant pastures of
that country, will put them in a condition which would
render them acceptable in any Atlantic market.

" These grazing grounds are extensive enough to
support five times as many cattle as maybe annually
required ; therefore, there will be no scarcity of food
for them.

"I am acquainted with a drover who left California
in December last, with the intention of bringino- in
ten thousand sheep from New Mexico. This shows
that the flocks and herds east of the Rocky Mountains
are looked to already as the source from which the
markets on the Pacific are to be supplied.

HISTORY OF CALIFORNIA. 151

" The climate and soil of California are well suited
to the growth of wheat, barley, rye, and oats. The
temperature along the coast is too cool for the success-
ful culture of maize as a field crop. The fact that
oats, the species which is cultivated in the Atlantic
States, are annually self-sowed and produced on all
the plains and hills along the coast, and as far inland
as the sea-breeze has a marked influence on the climate,
is sufficient proof that all the cereal grains may be
successfully cultivated without the aid of irrigation,

^' It is quite true that this auxiliary was extensively
employed at the missions, and undoubtedly increased
the product of all crops to which it was applied, as it
will in any country on earth if skilfully used. This
does not prove, however, that it was essentially neces-
sary to the production of an ample reward to the
husbandman. The experience of all the old inhabit-
ants is sufficient evidence of this. If their imperfect
mode of culture secured satisfactory returns, it is
reasonable to presume that a more perfect system
would produce much greater results. There is abun-
dant evidence to prove that, in the rich alluvial valleys,
wheat and barley have produced from forty to sixty
bushels from one bushel of seed, without irrigation.

" Irish potatoes, turnips, onions, in fact all the edible
roots known and cultivated in the Atlantic States, are
produced in great perfection. In all the valleys east
of the coast range of hills, the climate is sufficiently
warm to mature crops of Indian corn, rice, and pro-
bably tobacco.

" The cultivation of the grape has attracted much
attention at the missions, among the residents of
towns, and the rural population, and been attended
with much success, wherever it has been attempted.

152 HISTORY OF CALIFORNIA.

•

The dry season secures the fruit from those diseases
which are so fatal in the Atlantic States, and it attains
very great perfection.

" The wine made from it is of excellent quality, very
palatable, and can be produced in any quantity. The
grapes are delicious, and produced with very little
labor. When taken from the vines in bunches, and
suspended in a dry room by the stems, they become
partially dry, retain their flavor, and remain several
weeks, perhaps months, without decay.

*' Apples, pears, and peaches are cultivated with
facility, and there is no reason to doubt that all the
fruits of the Atlantic States can be produced in great
plenty and perfection.

"The grasses are very luxuriant and nutritious,
affording excellent pasture. The oats, which spring
up the whole length of the sea-coast, and from forty
to sixty miles inland, render the cultivation of that
crop entirely unnecessary, and yield a very great
quantity of nutritious food for horses, cattle, and
sheep. The dry season matures, and I may say
ewes, these grasses and oats, so that they remain in
an excellent state of preservation during the summer
and autumn, and afford an ample supply of forage.
While the whole surface of the country appears
parched, and vegetation destroyed, the numerous flocks
and herds which roam over it continue in excellent
condition.

" Although the mildness of the winter months, and
the fertility of the soil, secure to California very
decided agricultural advanta-ges, it is admitted that
irrigation would be of very great importance, and
necessarily increase the products of the soil, in quan-
tity and variety, during the greater part of the- dry

histohy of califokxia. 1^3

season. It should, therefore, be encouraged by
government, in the survey and disposition of the
public lands, as far as practicable.

" The fiirmer derives some very important benefits
from the dry season. His crops in harvest time are
never injured by rain ; he can "with perfect confidence
permit them to remain in his fields as long after they
have been gathered as his convenience may require ;
he has no fears that they m\\ be injured by wet or
unfavorable weather. Hence it is that many who
have long been accustomed to that climate prefer it to
the changeable weather east of the Rocky Mountains.

" As already stated, the forests of California, south
of latitude 39°, and west of the foot-hills of the
Sierra Nevada, are limited to detached, scattering
groves of oak in the valleys, and of red wood on the
rido;es and on the frorn-es of the hills.

*'It can be of no practical use to speculate on the
causes which have denuded so large an extent of coun-
try, further than to ascertain whether the soil is or is
not favorable to the growth of forest trees.

" When the dry season sets in, the entire surface is
covered with a luxuriant growth of grass and oats,
which, as the summer advances, become perfectly dry.
The remains of all dead trees and shrubs also become
dry. These materials, therefore, are very combustible,
and usually take fire in the latter part of summer and
beginning of autumn, which commonly passes over the
whole country, destroying, in its course, the young
shrubs and trees. In fact, it seems to be the same
process Avhich has destroyed or prevented the growth
of forest trees on the prairies of the Western States,
and not, any quality in the soil unfriendly to their
growth.

154 HISTORY OF CALIFORNIA.

" The absence of timber and the continuance of the
dry season are apt to be regarded by farmers, on first
going into the country, as irremediable defects, and as
presenting obstacles, almost insurmountable, to the
successful progress of agriculture. A little experience
will modify these opinions.

"It is soon ascertained that the soil will produce
abundantly without manure ; that flocks and herds
sustain themselves through the winter without being
fed at the farm-yard, and, consequently, no labor is
necessary to provide forage for them ; that ditches are
easily dug, which present very good barriers for the
protection of crops, until live fences can be planted,
and have time to grow. Forest trees may be planted
with little labor, and in very few years attain a suffi-
cient size for building and fencing purposes. Time
may be usefully employed in sowing various grain and
root crops during the wet or winter season. There is
no weather cold enough to destroy root crops, and,
therefore, it is not necessary to gather them. They
can be used or sold from the field where they grow.
The labor, therefore, required in most of the old
States to fell the forests, clear the land of rubbish,
and prepare it for seed, may here be applied to other
objects.

" All these things, together with the perfect security
of all crops in harvest time, from injury hy wet
weather, are probably sufficient to meet any expense
which may be incurred in irrigation, or caused, for a
time, by a scanty supply of timber.

" In the northern part of the territory, above lati-
tude 39°, and on the hills which rise from the great
plain of the Sacramento and San Joaquin to the foot
of the Sierra Nevada, the forests of timber are beau-

niSTOlii' OF CALIFORXIA. 155

tiful and extensive, and would, if brought into use, be
sufficiently productive to supply the wants of the
southern and western portions of the State."

It is not to be expected that the labor and attention
necessary for the improvement of the soil will be given
to that object, so long as the continued discovery
of gold and other metals promise an easy road to
wealth. Many who were prosperously engaged in
agricultural employments, in the most fertile regions,
have abandoned it, lured by the golden bait, and
shouldered the pick and shovel to try their luck or
perseverance at gold digging. The gardens and the
vineyards of Los Angeles have been deserted for the
barren hills and ravines where the precious dust
abounds. In this state of things, California must
become an extensive market for the products of the
Atlantic States of the Union.

The extent and value of the public domain, and
the validity of the titles to various tracts of land in
California, will, doubtless, be the cause of much liti-
gation and disturbance, as the country becomes more
thickly settled. The relation in which the claimants of
land granted to them under the Mexican government,
stand towards the government of the United States,
is clearly and fully set forth by Mr. King, in his Cali-
fornia report. He says —

'' It is not known whether the Jesuits who founded
the mission, or their successors the Franciscans, ever
did, or do now, hold any title from the Spanish crown
to the lands which they occupied. Nor has any in-
vestigation been made to ascertain how far those
titles, if they ever existed, have been invalidated by
the acts of the priests, or the decrees of the Mexican
government.

156 HISTORY OF CALIFORNIA.

** A superficial view of the matter would be very apt
to lead to the supposition that the Jesuits, so cele-
brated for wisdom and cunning, would not fail to
secure that which, at that time, would probably have
been obtained by merely asking for it — a royal decree,
granting to them all the lands they might require in
that remote country for ecclesiastical purposes. There
have been some intimations to that effect, but nothing
is distinctly known. These missions embrace within
their limits some of the most valuable lands in the
Territory, and it is very important that it should be
ascertained whether they belong to the Government,
or may be justly claimed by individals.

'' Most of the land fit for cultivation, south of lati-
tude 39°, and west of the valley of the Sacranlento
and San Joaquin, is claimed under what purport to
be grants from the Mexican government.

" On most of these grants, the minerals and metals
are reserved to the government : conditions were
coupled with many of them which have not been com-
plied with. In others, the boundaries described em-
brace two or three times as much land as the grant
conveys.

" The Mexican law required all grants made by the
provincial government, with few exceptions, to be
confirmed by the supreme government. The great
distance which separated them, and the unfrequent or
difficult means of communication, made a compliance
with the law so expensive and tardy that it came to be
almost disregarded.

" There were other causes which ]cd to this neglect.

" Previous to the treaty with Mexico and the immi-
gration of American citizens to that country, land
was not regarded as of much value, except for grazing

HISTORY OF CALIFORNIA. 157

purposes. There was room enough for al]. There-
fore, the claimants or proprietors did not molest one.
another, or inquire into the validity of titles.

" These extensive grants are described by natural
boundaries, such as mountains, bays, and promontories,
•which, in many instances, might allow of a variation
of several miles in the establishment of a corner with
chain and compass.

'' By the treaty of Guadalupe Hidalgo, the United
States purchased all the rights and interests of
Mexico to and in California. This purchase not only
embraced all the lands which had not been granted
by Mexico, but all the reserved minerals and metals,
and also reversionary rights which might accrue to
Mexico from a: want of compliance on the part of the
grantees with the conditions of their grants, or a want
of 'perfection in the grants.

'' It will, be perceived that this is a subject of very
great importance, not only to the people of California,
but to the United States, and calls for prompt and
efficient action on the part of the Government. It is
believed that the appointment of competent commis-
sioners, fully empowered to investigate these titles, in
a spirit of kindness towards the claimants, with
power to confirm such titles as justice may seem to
demand, or with instructions to report their proceed-
ings and awards to Congress, for confirmation or
rejection, will be the best and perhaps the only satis-
factory mode of adjusting this complex and difficult
question."

He also makes the following observations and re-
commendations concerning the extent and value of
the land, to which the title of the government is un-
questionable, and the best mode of improving it.

14

158 HISTORY OF CALIFORNIA.

" The lands in the northern part of the Territory,
above the 39°, have not been explored or granted.
They are supposed to embrace an area of about twenty
millions of acres, a large portion of "which is doubt-
less valuable for its timber and soil.

" Comparatively few grants have been obtained in
the great valley of the Sacramento and San Joaquin.

'' This vast tract, therefore, containing, as is esti-
mated, from twelve to fifteen millions of acres, belongs
mostly to the Government. South of this valley, and
west of the Colorado, within the limits of California,
as indicated in her Constitution, there are said to be
extensive tracts of valuable, unappropriated land ;
and, on investigation, it will probably appear that
there are many of them in detached bodies, which
have not been granted.

" I do not speak of the gold region, embracing the
entire foot-hills of the Sierra Nevada, some five
hundred miles long and sixty miles broad, in connec-
tion with the public domain, which may be embraced
in the general land system for sale and settlement,
for reasons which will be hereafter assigned.

" The survey of the public lands on a system suited
to the interests of the country is a matter of very
great importance. In the inhabited portions of the
Territory, the boundaries of Mexican grants, running
as they do in all directions, will render the system of
surveys by parallels of latitude and longitude quite
impracticable.

" In all parts of the country, irrigation is desirable,
and its benefits should be secured, as far as possible,
by suitable surveys and legal regulations. Most of
the valleys are watered by streams sufi5ciently large
to be rendered very useful. It would, therefore, seem

HISTORY OF CALIFO^v^'IA. 159

wise to lay off the land in conformity to tlio course
of the hills and streams which bound and drain the
valleys.

"A system of drainage, which would also secure
irrigation, is absolutely necessary to give value to the
great plain of the Sacramento and San Joaquin.
This valley is so extensive and level that, if the rivers
passing through it were never to overflow their banks,
the rain which fiills in winter would render the greater
portion of it unlit for cultivation. The foundation of
such a system can only be established in the survey
and sale of the land.

" This can he done hj laying out canals and drains^
at suitable distances^ and in proper directionSy and
hy leaving wide margins to the rivers, that they may
have plenty of room to increase their channels
when their waters shall he confined ivithin them hy
embankments.

" It would be well also to regulate the price of
these lands, so -as to meet, in some degree, the ex-
pense of draining them.

" This system would, when agriculture shall become
a pursuit in California, make this valley one of the
most beautiful and productive portions of the Union."

AVith regard to the present state of the commerce
and of the commercial resources of California, it is
observed, that her resources are confined almost
entirely to the metallic wealth of the country, and that
such a state of things would seem unfavorable to an
extensive commercial intercourse. Undoubtedly, this
metallic wealth of itself, could not long maintain an
extensive commerce with the various nations of the
earth. But when the mineral wealth bco:ins to be
developed, as it soon will, there will be no lack of

160 HISTORY OF CALIFORNIA,

return freights for vessels arriving yrith supplies.
The quicksilver mines already yield an enormous
profit, and will soon be extensively worked. Respect-
ing the present state of the commerce of the country,
extent of her resources, and facilities of communica-
tion with the Atlantic States of the Union, and other
countries, Mr. King's Report furnisher the following
account —

" Gold is the product of the country, and is imme-
diately available, in an uncoined state, for all the
purposes of exchange. It is not there, as in other
countries, where the productions of the earth and of
art are sent to markets — foreign or domestic — to be
exchanged for the precious metals, or other articles
of value. There, gold not only supplies the medium
of domestic trade, but of foreign commerce.

" At first view, this state of things would seem to
be unfavorable to an extensive intercourse with other
parts of the world, because of the want of return
freights of home 'production for the vast number of
vessels which will arrive with supplies.

" These vessels, however, making no calculations
on return cargoes, will estimate the entu-e profits of
the voyage on their outward freights, and become, on
their arrival, willing carriers for a comparatively small
consideration.

^' This tendency in the course of trade, it would
seem, must make San Francisco a warehouse for the
supply, to a certain extent, of all the ports of the
Pacific, American, Asiatic, and the Islands.

" Almost every article now exported by them finds
a ready market in California, and the establishment
of a mint will bring there also the silver bullion,
amounting to more than ten millions per annum, from

HISTORY OF CALIFORXIA. 161

the west coast of ^Mexico, and, perhaps, ultimatclj*
from Chili and Peru, to be assayed and coined.

" Vessels bound round Cape Horn, "with cargoes for
markets on tlie American coast of the Pacific, can, bj
taking advantao-e of the south-east trade ^vinds, and
* standing broad-off the Cape,' make the voyage to
San Francisco in as short a time as they can to
Valparaiso, or any port south of California. Vessels
have sailed from our Atlantic ports to San Francisco
in less than one hundred days, and they have been,
in more than one instance, over one hundred and
twenty days in going from Panama to San Francisco.

" This astonishing difference in time and distance
was caused by the course of the winds, and the gulf-
stream of the Pacific, mentioned in my remarks on the
climate of California,

" The vessels from our Atlantic ports took advan-
tage of the winds by steering from the Cape as far
into the Pacific as to be enabled to take a course west
of the gulf-stream in sailing northward, thus availing
themselves first of the south-east, then of the north-
east ' trades,' and avoiding opposing currents.

" The vessels from Panama were kept back by
calms, adverse winds, and currents. It will be per-
ceived, therefore, that there can be no inducement for
vessels bound round Cape Horn, with mixed or
assorted cargoes, to stop at Valparaiso, Callao, Guaya-
quil, or any port on the west coast, because the ex-
ports of all those places will seek a market at San
Francisco ; and their supply of merchandise, as 7'eturn
freight, will be delivered at less expense than it can
be by vessels direct from Atlantic ports, American or
European. This tendency of trade to concentrate at
San Francisco will be aided by the com*se of exchange.

11

162 ' HISTORY OF CALIFORNIA.

* " Gold dust is worth but $17 per ounce in Chili. It
is worth $18 at the United States mint. If, there-
fore, a merchant of Valparaiso has ten thou&and
ounces in San Francisco, received in payment for
lumber, barley, flour, or other produce, and desires an
invoice of goods from the United States or Europe,
he Atill gain $10,000 at the outset by sending his
gold to New York, besides saving something on the
freight and insurance, and at least rone month's
interest.

" The countries on the west coast of America have
no exports which find a market in Chimt, or other
parts of Asia. San Franci'sco will, therefore, become
not only the mart of these exports, but also of the
products and manufactures of India, required in ex-
change for them, which must be paid for, principally,
in gold coin or gold dust. Neither gold coin nor gold
dust will answer as a remittance to China. Gold, in
China, is not currency in any shape, nor is it received
in payment of import duties, or taxes on land, or on
the industry of the people.

" The value of pure gold in China is not far from
$14 the ounce. Hence, the importer of manufactures
and products of India into San Francisco will remit
the gold coin or dust direct to New York, for invest-
ment in sterling bills on London. These bills will be
sent to London, and placed to the credit of the firm
in China from whom the merchandise has been
received, and who, on learning of the remittance
having gone forward to their agents, will draw a six
months' sight hill for the amount, which will sell in
China at the rate of four shillings and two pence or
three pence per dollar.

" I have a statement before me from one of the

HISTORY OF CALIFORNIA. 163

most eminent merchants and bankers of New York,
who was for many years engaged extensively in the
India trade, which shows that the profit or gain on
ten thousand ounces of gold, thus remitted, would
be §33,434 44

And that the loss on the same quantity,

sent direct to China, would be . 15,600 00

Total difference in profit and loss in favor

of the remittance to New York, . §50,034 44

" It will thus be perceived that nature has so
arranged the winds and currents of the Pacific, and
disposed of her vast treasures in the hills and moun-
tains of California, as to give to the harbor of San
Francisco the control of the commerce of that ocean,
as far as it may be connected with the west coast of
America.

** Important as the commerce of the Pacific un-
doubtedly is, and will be, to California, it cannot now,
nor will it ever compare in magnitude and value to
the domestic trade between her and the older States
of the Union.

" Two years ago, California did not probably con-
tain more than fifteen thousand people. That portion
of it which has since been so wonderfully peopled by
American citizens was, comparatively, without inhabi-
tants, without resources, and not supplied with the
common comforts of shelter afforded by a forest
country.

"Notwithstanding the great distances immigrants
have been compelled to travel to reach the territory,
more than one hundred thousand have overcome all
difficulties and spread themselves over its hills and
plains. They have been supplied from distances as

164 HISTORY OF CALIFORNIA.

great as tliey themselves have passed with not only
the necessaries, but the comforts and many of the
luxuries of life. Houses have been imported from
China, Chili, and the Atlantic States of the Union.
All the materials required in building cities and
towns have been added to the wants of a people
so numerous, destitute, and remote from the sources of
supply.

" These wants will exist as long as immigration con-
tinues to flow into the country, and labor employed in
collecting gold shall be more profitable than its appli-
cation to agriculture, the mechanic arts, and the great
variety of pursuits which are fostered and sustained
in other civilized communities.

" This may be shown by mentioning the prices of a
few articles. Last summer and autumn, lumber was
sold in San Francisco at §300 to $-100 per thousand
feet. At Stockton and Sacramento City, at §500 to
§600. At these prices, it could be made in the terri-
tory, and many persons were engaged in the business.
I perceive, by recent accounts, that the price had
fallen at San Francisco to §75. At this price, it
cannot be made where labor is from §10 to §15 per
day; and the difficulties attending its manufacture
are much greater than in the Atlantic States. Lumber
can be delivered in oui* large lumber markets for an
average of the various qualities of §16, and freighted
to San Francisco for §24, making §40 per thousand
feet. This price would cause the manufacture of it in
California to be abandoned. We may add §20 per
thousand, to meet any increase of price in the article
itself, or in the freight, and the result would be the
same.

" It is probable that the demand, for several years

HISTORY OF CALIFORNIA. 165

to come, ^ill not be less than twenty millions of feet
per annum, which, at §40 per thousand, will be
$800,000.

" When California comes to have a population of
200,000, which she will have before the close of the
present year, she will require nearly half a million
barrels of flour from some quarter, and no country
can supply it so good and cheap as the old States of
the Union. Including freight . and insurance, this
may be set down as an item of about §5,000,000. The
article of clothing, allowing §20 to each person, would
be §4,000,000.

" There is no pretension to accuracy in these items,
and they may be estimated too high ; but it is quite
as probable they are too low.

"We have no data on which to found a calculation
of what the value of the trade between the States east
of the Rocky Mountains and California will be during
the current year. I will venture the opinion, how-
ever, that it will not fall short of twenty-five millions
of dollars. It may go far beyond that sum. At
present, I can conceive no cause which will retard or
diminish immigration.

" If the movement shall continue five years, our
commerce with that territory may reach one hundred
millions per annum. This is doubtless a startling
sum ; but it must be borne in mind that we have to
build cities and towns, supply machinery for mining,
coal for domestic purposes, and steam navigation, and
all the multifarious articles used in providing the com-
forts and luxuries of life, for half a million of people,
who will have transferred themselves to a country
which is to produce, comparatively, nothing except
minerals and the precious metals, and whose pursuits

166 HISTORY OF CALIFORNIA.

will enable them to purchase, at any cost, whatever
may be necessary for their purposes.

" It is difficult to imagine or calculate the effect
which will be produced on all the industrial pursuits
of the people of the Old States of the Union, by
this withdrawal from them of half a million of pro-
ducers, who, in their new homes and new pursuits,
will give existence to a commerce almost equal in
value to our foreign trade. Let no one, therefore,
suppose he is not interested in the welfare of Cali-
fornia. As well may he believe his interests would
not be influenced by closing our ports and cutting off
intercourse with all the world.

" The distance round Cape Horn is so great that
bread-stuffs and many other articles of food deterio-
rate, and many others are so perishable in their nature
that they would decay on the passage. This would
be the case particularly with all kinds of vegetables
and undried fruits. Until some more speedy mode
of communication shall be established by which pro-
duce can be transferred, the farmers and planters of
the old States will not realize the full value of this
new market on the Pacific.

" Many other important interests will be kept
back, especially the consumption of coal. The
American steamers, now on that ocean, those on their
way there, and others shortly to be sent out, will con-
sume not far from one hundred thousand tons of coal
per annum. The scarcity of wood in California will
bring coal into general use as fuel, as soon as it can
be obtained at reasonable prices. Suppose there may
be, three years hence, forty thousand houses, which
shall consume five tons each per annum. This, with
the steamers, would be a consumption of three hundred

11

mSTORY OF CALIFORNIA. 167

tlioaisand tons. If delivered at §20 per ton, it would
compete successfully with the coal from Vancouver's
Island and New Holland, and amount to $6,000,000.

" The construction of a railroad across the Isthmus
of Panama would secure the market for those articles
agaiciSt all competition.

'' Some idea may be formed of the demand for them
from the prices paid in San Francisco last autumn.
Coal was sold at §60 to §100 per ton ; potatoes §16
per bushel ; turnips and onions for 25 to 62J cents
'each ; eggs from §10 to §12 per dozen.

" The distance from Chagres to New York has
recently been run in seven days. The same speed
would carry a steamboat from Panama to San Fran-
cisco in ten days. Allow three days to convey freight
across the Isthmus, on a railway, and both passengers
and freight will be conveyed from New York to San
Francisco in twenty days.

'* This celerity of movement would secure for
American produce the entire market of California.
Sailing vessels may be successfully employed between
our Atlantic and gulf ports and the terminus of the
railway on this side of the Isthmus ; and propellers
from Panama to San Francisco. These latter vessels
will be found peculiarly suited to that trade ; they
ean use ticir steam through the calms of the Bay of
Panama, and against head-winds and currents going
north, and their sails with favorable winds and cur-
rents coming south.

^' These modes of conveyance, in connection with
the railroad across the Isthmus, would be sufficiently
expeditious and economical to turn the tide of com-
merce, between the Atlantic and Pacific States of the
Union, into that channel. The tendency of our

-A

168 HISTORY OF CALIFORNIA.

commerce on the Pacific to promote the employment
of ocean steamers is of much importance as connected
with the defence of our extensive line of coast from
latitude 32^ to 49°, the protection of the whale
fishery, and other branches of trade on that ocean.
The establishment of a line of heayy steamers to
China #'ould promote all these objects; increase our
intercourse with that country, and probably be the
means of opening communications with Japan. Money
wisely employed in promoting these objects, it is
believed, would add more to the power and prosperity
of the country than its expenditure on any general
system of fortification at the present prices of labor
and materials. There is one point, however, of such
vast importance that no time should be lost in taking
the necessary steps to render it perfectly impregnable
' — that is, the entrance to the harbor of San Francisco.
On the strength of the works which may be erected
to defend that passage will depend the safety of Cali-
fornia in time of war with a maritime power. Permit
a hostile fle-et to cast anchor in the harbor of San
Francisco, and the country would be virtually con-
quered.

" The coast has not been surveyed, nor has its out-
line been correctly ascertained. There are many
rocks above and below the water-line, and small
islands not mentioned or indicated on any chart, which
render navigation near the land, especially at night,
extremely dangerous.

" An accurate sui'vey of the coast, to commence at
the most important points, the constniction of light-
houses, and the placing of buoys in proper positions,
are objects of much importance, and, it is not doubted,
will attract the early attention of Government."

I

HISTORY OF CALIFORNIA. 1G9

We come now to that ■which has huilt up so rapidly
this empire of the Pacific — the metallic and mineral
wealth of California. As to the extent of the region,
and indication| of the existence of the gold, together
with the attendant <Teolo;i:ical formations, the state-
ments of Mr. King's report will not be, nor have not
been, gainsayed; but as to the origin of the gold,
whether in combination with quartz, or mixed with
the sands of the ravines and »trcams, various opinions
have been expressed by those who have spent consi-
derable time in working:: and observinor the different
formation?. That due weight may be given to both
of the principal theories, we extract the observation
and opinion of a person who favors the idea of the
gold having been scattered over the country, by a
tremendous volcanic eruption.

"The gold found in every placer in California
bears the most indubitable marks of having, at some
time, been in a molten state. In many parts it is
closely intermixed with quartz, into which it has evi-
dently been injected while in a state of fusion ; and I
have myself seen many pieces of gold completely
coated with a black cement that resembled the lava
of a volcano. The variety of form, which the placer
gold of California has assumed, is in itself sufficient
evidence of the fact, that it has been thrown over the
surface while in a melted state. The earliest compa-
risons of the California gold were to pieces of molten
lead dropped into water. The whole territory of the
gold region bears the plainest and most distinct marks
of being volcanic. The soil is of a red, brick color, in
many places entirely barren, and covered with a flinty
rock, or pebble, entirely parched in the summer, and

during the rainy season becoming a perfect mire. The

15

170 HISTORY OF CALIFORNIA.

formation of the hills, the succession of gorges, the
entire absence of fertility in many portions, distinctly
exhibit the result of a great up-heaving during past
times. But there is one phenomenon in the mining
region which defies all geological research founded
upon any other premises than volcanic formation.
Throughout the whole territory, so generally that it
has become an indication of the presence of gold, a
white slate rock is found, and is the principal kind of
rock in the mining region. This rock, instead of
lying as slate rock does in other portions of the earth,
in horizontal strata, is perpendicular, or nearly so;
seeming to have been torn up from its very bed and
left in this position. On the banks of the Middle
Fork are several excavations, wliich can only be ac-
counted for upon the supposition, that they were at
some time volcanic craters. There is one of these on
the mountain side, about five miles below the " Big
Bar;" from which, running down to the base of the
mountains, is a wide gorge entirely destitute of ver-
dure, while the earth around it is covered with shrub-
bery. This, I am fully convinced, was the bed of the
lava stream that was thrown up from the crater ; and
in searching for gold at the very foot of it, I found
several pieces entirely covered with the black cement
or lava, of wdiich I have previously spoken. From
all these evidences, I am fully satisfied that at some
early date in the world's history, by some tremendous
volcanic eruption, or by a succession of them, gold,
which was existing in the form of ore, mixed with
quartz rock, was fused and separated from its sur-
rounding substances, and scattered through every
plain, hill, and valley, over an immense territory. By
its own gravity, and the continual washing of the

HISTORY OF CALIFORNIA. 171

rains, it sank into the earth until it reached a rock,
or hard, impenetrable clay. It still continued wash-
ins and slidinor down the hill-side, until it reached the
rivers or ravines, and in the former was washed along
with its current until it settled in some secure place
in their beds, or was deposited upon their banks ; and
in the latter rested among the crevices of rocks."*

The following from Mr. King's report, presents the
opposite theory, with its evidence in full. The two
accounts are at variance both in regard to fact and
theory. But that of Mr. King, who enjoyed every
facility of obtaining information from observation, and
from the statements of intelligent miners, is considered
most reliable, in respect to matters of fact, and, there-
fore, of more dependence in forming a theory. He
says —

" The principal formation, or substratum, in these
hills, is talcose slate; the superstratum, sometimes
penetrating to a great depth, is quartz. This, how-
ever, does not cover the entire face of the country,
but extends in large bodies in various directions — is
found in masses and small fragments on the surface,
and seen along the ravines and in the mountains,
overhancring the rivers, and in the hill-sides in its
original beds. It crops out in the valleys and on the
tops of the hills, and forms a striking feature of the
entire country over which it extends. From innumer-
able evidences and indications, it has come to be the
universally admitted opinion, among the miners and
intelligent men who have examined this region, that
the gold^ ivJiether in detached jjarticles and pieces, or
in veinSy was created in combination with the quartz.

• Six Months in the Gold Mines, by E. Gould Buffum.

172 HISTORY OF CALIFORNIA.

Gold is not found on the surface of the country
presenting the appearance of having been thrown up
and scattered in all directions by volcanic action. It
is only found in particular localities, and attended by
peculiar circumstances and indications. It is found
in the bars and shoals of the rivers ; in ravines, and
in what are called the 'dry diggings.'

" The rivers, in forming their channels, or breaking
their way through the hills, have come in contact with
the quartz containing the gold veins, and by constant
attrition cut the gold into fine flakes arid dust, and it
is found among the sand and gravel of their beds at
those places where the swiftness of the current re-
duces it, in the dry season, to the narrowest possible
limits, and where a wide margin is, consequently,
left on each side, over which the water rushes, during
the wet season, with great force.

" As the velocity of some streams is greater than
that of others, so is the gold found in fine or coarse
particles, apparently corresponding to the degree of
attrition to which it has been exposed. The water
from the hills and upper valleys, in finding its way to
the river, has cut deep ravines, and, wherever it has
come in contact with the quartz, has dissolved or
crumbled it in pieces.

'' In the dry season, these channels are mostly with-
out water, and gold is found in the beds and margins
of many of them in large quantities, but in a much
coarser state than in the rivers ; owing, undoubtedly,
to the moderate flow and temporary continuance of
the current, which has reduced it to smooth shapes,
not unlike pebbles, but has not had sufficient force to
cut it into flakes or dust.

"The dry diggings are places where quartz contain-

HISTOBY OF CALIFORNIA. 173

ing gold has cropped out, and been disintegrated,
crumbled to fragments, pebbles, and dust, bj the
action of water and the atmosphere. The gold has
been left as it "was made, in all imaginable shapes ;
in pieces of all sizes, from one grain to several pounds
in weight. The evidences that it was created in
combination with quartz are too numerous and striking
to admit of doubt or cavil. They are found in com-
bination in large quantities.

" A very large proportion of the pieces of gold
found in these situations have more or less quartz ad-
hering to them. In many specimens, they are so com-
bined they cannot be separated without reducing the
whole mass to powder, and subjecting it to the action
of quicksilver.

" This gold, not having been exposed to the attrition
of a strong current of water, retains, in a great
degree, its original conformation.

" These diggings, in some places, spread over val-
leys of considerable extent, which have the appear-
ance of an alluvion, formed by washings from the ad-
joining hills, of decomposed quartz and slate earth,
and vegetable matter.

" In addition to these facts, it is, beyond doubt,
true that several vein-mines have been discovered in
the quartz, from which numerous specimens have been
taJien, sho"sving the minute connection between the
gold and the rock, and indicating a value hitherto
unknown in gold-mining.

" These veins do not present the appearance of
places where gold may have been lodged by some
violent eruption. It is combined with the quartz, in
all imaginable forms and degrees of richness.

" The rivers present very striking, and, it would

15*

174 HISTORY OF CALIFORNIA.

seem, conclusive evidence respecting tlie quantity of
gold remaining undiscovered in the quartz veins. It
is not probable that the gold in the dry diggings, and
that in the rivers — the former in lumps, the latter in
dust — was created by different processes. That which
is found in the rivers has undoubtedly been cut or
worn from the veins in the rock, w^ith which their
currents have come in contact. All of them appear
to be equally rich. This is shown by the fact that a
laboring man may collect nearly as much in one river
as he can in another. They intersect and cut through
the gold region, running from east to west at irregu-
lar distances of fifteen to twenty, and perhaps some
of them thirty, miles apart.

"Hence it appears that the gold veins are equally
rich in all parts of that most remarkable section of
country. Were it wanting, there are further proofs
of this in the ravines and dry diggings, which uni-
formly confirm what nature so plainly shows in the
rivers."

It is an interesting inquiry — what was the amount
of the golden treasure collected during the years 1848
and '49 ? The satisfaction of this inquiry will enable
us to form some faint conception of the value of the
gold region, and the dependence w^hich may be placed
upon its yield for a commercial return. Premising
that the gold was first discovered in May, 1848, and
that intelligence of it was not received in the United
States till late in the following autumn, Mr. King, in
his report, proceeds in making an estimate of the
quantity accumulated till the close of 1849 :

"No immigration into the mines could, therefore,
have taken place from the old States in that year.
The number of miners was, consequently, limited to

HISTORY OF CALIFORNIA. 175

the population of the territory, some five hundred men
from Oregon — Mexicans, and other foreigners, who
happened to be in the country, or came into it during
the summer and autumn — and the Indians, who were
employed by or sold their gold to the whites.

. "It is supposed there were not far from five thou-
sand men employed in collecting gold during that sea-
son. If we suppose they obtained an average of one
thousand dollars each — which is reirardcd bv well
informed persons as a low estimate — the aggregate
amount will be §5,000,000.

" Information of this discovery spread in all direc-
tions during the following winter ; and, on the com-
mencement of the dry season in 1849, people came
into the territory from all quarters — from Chili, Peru,
and other States on the Pacific coast of South Ame-
rica ; from the west coast of Mexico, the Sandwich
Islands, China, and ^N'ew Holland.

" The immigration from the United States came in
last, if we except those who crossed the Isthmus of
Panama, and went up the coast in steamers, and a
few who sailed early on the voyage round Cape Horn.

"The American immigration did not come in by
sea, in much force, until July and August, and that
overland did not begin to arrive until the last of Au-
gust and first of September. The Chilenos and Mexi-
cans were early in the country. In the month of July,
it was supposed there were fifteen thousand foreigners
in the mines. At a place called Sonoranian Camp, it
was believed there were at least ten thousand Mexi-
cans. They had quite a city of tents, booths, and
log-cabins ; hotels, restaurants, stores, and shops of
all descriptions, furnished whatever money could pro-
cure. Ice was brought from the Sierra, and ice-

176 HISTORY OF CALIFORNIA.

creams added to numerous other luxuries. An in-
closure made of the trunks and branches of trees,
and lined with cotton cloth, served as a sort of am-
phitheatre for bull-fights. Other amusements, charac-
teristic of the Mexicans, were to be seen in all direc-
tions.

*' The foreigners resorted principally to the southern
mines, which gave them a great superiority in nume-
rical force over the Americans, and enabled them to
take possession of some of the richest in that part of
the country. In the early part of the season, the
Americans w^ere mostly employed on the forks of the
American, and on Bear, Uba, and Feather Rivers.
As their numbers increased, they spread themselves
over the southern mines, and collisions were threat-
ened between them and the foreigners. The latter,
however, for some cause, either fear, or having satis-
fied their cupidity, or both, began to leave the mines
late in August, and by the end of, September many
of them were out of the country.

"It is not probable that, during the first part of
the season, there were more than five or six thousand
Americans in the mines. This would swell the whole
number, including foreigners, to about twenty thou-
sand the beginning of September. This period em-
braced about half the season, during which gold may
be successfully collected in the rivers.

" Very particular and extensive inquiries respect-
ing the daily earnings and acquisitions of the miners
lead to the opinion that they averaged an ounce per
day. This is believed by many to be a low estimate ;
but, from the best information I was able to procure,
I am of opinion it approaches very near actual re-
sults. The half of the season, up to the 1st of Sep-

fc1

»— «

E-«

HISTORY GF CALIFOnNIA. 177

tember, would give sixty-five working days, and to
each laborer, at $16 per ounce, $1,040. If, there-
fore we assume §1,000 as the average collected by
each laborer, we shall probably not go beyond tlie mark.
^'This would give an nggregate of ,^20,000,000 for
the first half of the season— §15,000,000 of which
was probably collected by foreigners. During the
last half of the season, the number of foreigners was
very much diminished, and, perhaps, did not exceed
five thousand. At this time, the American immigra-
tion had come in by land and sea, and the number of
our fellow-citizens in the mines had, as was estimated,
increased to between forty and fifty thousand. They
were most of them inexperienced in mining, and it is
probable the results of their labors were not so great
as has been estimated for the first part of the season,
and experienced miners. Assuming that the average
of half an ounce per day ought to be considered as
reasonable, it would give an aggregate of about
§20,000,000. If from this we deduct one-fourth on
account of the early commencement of th« wet sea-
son, we have an estimate of §15,000,000 ; at least
five of which was collected by foreigners, who pos-
sessed many advantages from their experience in
mining and knowledge of the country.

" These estimates give, as the result of the opera-
tions in the mines for 1848 and 1849, the round sum
of §40,000,000 ; one-half of which was probably col-
lected and carried out of the country by foreigners.

From the best information I could obtain, I am led
to believe that at least §20,000,000 of the $40,000,000
were taken from the rivers, and that their richness
has not been sensibly diminished, except in a few
locations, which had early attracted large bodies of

^z^l

12

178 HISTORY OF CALIFORNIA.

miners. This amount has principally been taken
from the northern rivers, or those which empty into
the Sacramento ; the southern rivers, or those which
flow into the San Joaquin, having been, compara-
tively, hut little resorted to until near the close of the
last season. These rivers are, however, believed by
those who have visited them, to be richer in the pre-
cious metal than those in the northern part of the
gold region."

Adopting the hypothesis that the gold found in
these streams had been cut or worn away from
the veins in the quartz through which they have
forced their way, and considering the fact that they
are all equally productive, we may conjecture what a
vast amount of treasure remains undisturbed in the
veins which run through the masses of rock over a
space of forty or fifty miles wide, and near five hun-
dred miles long. Such an estimate would almost
defy our belief ; yet, if the hypothesis is true, there
is no reason to doubt that the value of the gold which
that region will yield, is almost beyond calculation.

The quicksilver mines of California are believed to
be numerous, extensive, and very valuable. The
largest and most profitable one yet opened is situated
near San Jos^, and belongs to, or is claimed by, Mr.
Forbes, of Tepic, in Mexico. The cihnabar ore, which
produces the quicksilver, is easily procured, and
machinery has been put in operation, which enables
the proprietor to make an extensive profit. The value
of the quicksilver mines, by being so near the gold
region, is considerably increased ; quicksilver being
almost indispensable in gold mining.

Extensive beds of silver, iron, and copper ores are
believed to exist in the territory, but their existence

HISTORY OF CALIFORNIA. 179

and value is not accurately ascertained, the allure-
ments held out by the continued success of the <2jold-
miners and the continued discovery of new and profit-
able placers being too strong to permit any search for
the baser, but more useful metals. Respecting the
propriety of the establishment of a mint in California,
Mr. Kino: makes the folloAvin2 observations —

'' I have already alluded to the propriety of estab-
lishing a mint in California. TJiis is important in
many respects. At this time, there is not coin in the
country to supply a currency. Much difiiculty is
experienced in procuring enough to pay the duties on
imported goods. The common circulating medium is,
therefore, gold dust, -which is sold at §15 oO to $16
per ounce. In the mines, it is frequently sold much
lower. The miners, the laboring men, are the
sufferers from this state of things.

" Those who pui-chase and ship gold to the Atlantic
States make large profits: hut those who dij lose vjJiat
others make.

"I have estimated that there will be §50,000,000
collected during the current year. At §16 per ounce,
that sum will weigh 3,125,000 ounces.

" Gold, at the United States mint, is worth §18
per ounce, making a difference in value on that quan-
tity, between San Francisco and Xew York, of
§6,250,000, which would be saved to the miners by
the establishment of a mint.

" I have also suggested its importance as a means
of promoting and increasing our trade with the west
coast of Mexico and South America.

^'It is not doubted that the construction of a rail-
way across the Isthmus of Panama, and, perhaps, the
establishment of other lines of communication between

180 niSTORY OF CALIFORNIA.

the two oceans, will give to the products and manu-
factures of the older States of the Union command of
the market of California to the exclusion, in a grfeat
degree, of those of the west coast.

"A mint will, therefore, become of the utmost
importance, to give such marketable value to silver
bullion as to enable the merchants of those countries
to keep up and increase the intercourse with our prin-
cipal ports on the Pacific.

" The silver bullion shipped to Europe from the
west coast of Mexico amounts to more than ten
millions of dollars per annum. From the countries
on the west coast of South America, probably an
equal quantity. That from Mexico goes to pay for
European importations into her ports on the Atlantic
side.

" A market at San Francisco for this bullion will
be the means of substituting American and Chinese
fabrics for those of European manufacture in all those
countries. This will greatly increase the trade between
China and California."

A bill for the establishment of a mint at San
Francisco was introduced into Congress, during the
present session, (1849-50) and passed both houses ;
thus securing to California the advantages mentioned
in the above extract, by Mr. King.

We have thus given a complete description of
California, in respect to population, climate, soil,
productions, commercial resources, and metallic and
mineral wealth, as accurate and comprehensive as the
most authentic sources could furnish, or as could be
ascertained at the present time. Although the terri-
tory already contains a large population and has pro-
duced a great amount of treasure in the short dura-

HISTORY OF CALIFORNIA. 181

tion of its existence ; although it is already a large
State, i^hich has sprung into existence, as it may be
termed, there is every evidence that this is but the
*' beginning of the end." "■ The greatest is behind."
To what such commercial facilities, mineral and metal-
lic resources, and an active and progressive population
will conduct California, it is easy to imagine. They
will build up a State, which, although the member of
a confederacy, will be powerful enough to maintain
itself, independent of the aid to be derived from the
Union. Its ports will be the resort of the vessels of
all nations, and its valleys and hill-sides will become
the homes of an agricultural population, reaping the
rich reward of their toil. Canals and railroads, the
children of enterprise, will soon intersect the territory,
transport the riches of one section to another, and
increase the social communication of the inhabitants.
Such a State will add greatly to the power of the
confederated republic, and form an additional stimulus
to the rapid filling up of the vast territory situated
between California and her sister States.

CHAPTER XL

THE DIFFERENT ROUTES TO CALIFORNIA, AND THEIR
RESPECTIVE CHARACTERS.

The various routes taken by the emigrants to Cali-
fornia have aflforded almost as much matter for discus-
sion as the territory itself. The shortest and most
travelled route is that by way of the Isthmus of

16

182 HISTORY OF CALIFORNIA.

Panama ; and of tliis we shall first give a description,
with recommendations to travellers, and the experi-
ence of some who have taken that route to the " land
of promise."

Both steam and sailing vessels are constantly en-
gaged in carrying freight and passengers from the
principal ports of the Atlantic States to Chagres, the
principal port on the eastern coast of the Isthmus.
Tickets which will carry passengers to Chagres, and,
after crossing the Isthmus, from Panama to San Fran-
cisco, can be purchased in New York, from whence to
Chagres, the passage generally occupies about eight
days, and has been accomplished in seven. The
harbor of Chagres is a small but good one, for vessels
of less than two hundred tons burden. It is protected
by hills on all sides and towards the ocean, by a beet-
ling cliff, jutting out into the sea, on the summit of
which is the ancient and somewhat dilapidated castle
of San Lorenzo. At the base of this cliff is the chan-
nel which forms an entrance to the town. Ignoran-ce
of this fact caused the wreck of several of the vessels
which went from the United States to Chagres soon
after the receipt of the news of the gold discovery.
The following is a description of Chagres and its
inhabitants in the early part of 1849. It has since
improved considerably, on account of the travel across
the Isthmus.

" The first thing which struck our wondering gaze
on entering Chagres, was its bee-hive appearance. It
is a strange, fantastic, and oddish-looking town, situ-
ated in a deep, dark hollow or cove. It consists of
some forty or fifty huts, with pointed palm-thatched
roofs, and reed walls. Nor were the innumerable
buzzards which were flying about or resting on the

HISTORY OF CALIFORNIA. 183

houses, together with the energetic gesticulation of the
natives when in conversation, as we drew near, at all
calculated to lessen the picturesque effect of a first
view. The surrounding country was any thing but
devoid of interest and beauty. All had a strange,
equatorial look ; while the green hills around, clothed
with rich tropical verdure, and the graceful and
shadowy palm and cocoanut, with other strange fan-
tastic trees, together with the ruins of the large old
Spanish castle, on the heights above the town, gave
to the scenery a very beautiful and picturesque aspect.
" Most of us were soon ashore and rambling through
the town. We landed at the beach, on some logs,
which, during the rainy season, are necessary to pre-
serve the pedestrian from a quagmire, in the midst of
dense foliage that was here luxuriant to the water's
€dge, surrounded by about thirty canoes and some
forty or fifty huge black fellows, mostly in the garb in
which nature arrayed them. We passed on beneath
a burning sun, which in the shade brought the ther-
mometer to 90° of Fahrenheit. A majority of the
natives are black, but some are of a deep copper or
mulatto color. The thick lips and woolly head of the
African ; the high cheek-bones, straight hair, and
<io<^<T^ed look of the Indian ; and the more chisled fea-
tures and finely expressive eyes of the Spaniard, are
all here, though often so blended, that it is difficult to
Bay to which race they chiefly owe their origin. In
truth they are a mongrel race, but generally have the
most magnificent, large, dark, expressive eyes I have
ever seen. These, when in conversation, which is
almost continual, they use to some purpose, while the
incessant rapid clatter of their tongues, and their
violent gesticulations and grimaces, are often quite

184 HISTORY OF CALIFORNIA.

ludicrous. The females, some of whom have rather
pretty faces, and particularly fine eyes, were dressed
out in the most tawdry finery, with divers furbelows^
flounces, and ruffles, encircling the shoulders, where
the dress begins, and terminating somewhere about
or below the knee. Some of the younger ones were
entirely model artiste, at least so far as their clothing
was concerned, but the forms of most were rather
indifi"erent. Many were sitting or lounging about the
doors or in the cabins, eating tamarinds, oranges, and
other fruit, surrounded by hairless dogs, pigs, naked
children, turkey-buzzards, and some other little live
stock, forming altogether quite a congruous and homo-
geneous mixture.

" In a country like this, where the temperature is
80 nearly alike throughout the year, there is a natural
tendency to indolence and sloth, and it is remarkable
what an influence the climate exerts on the character
of the people. Here nature with a bounteous hand
spontaneously fructifies the earth, and the natives,
with few wants to supply, pluck the fruit and are
satisfied ; and Avith few necessities, for enterprise and
industry, such is their love of indolence, that all the
charms of existence appear to consist in dreaming
away life in quiet and repose. Basking beneath a
tropical sun, or listlessly reclining on nature's downy
couch, days — years — are passed in drowsy languor
and supine sloth.

" But the influx of men from rouster dimes an(3
bleaker regions will probably exercise a salutary influ-
ence, by showing them the advantages of industry
and patient toiL Ali'^ady they begin to perceive
this, to some extent, and though such dear lovers of
money, that in closing a bargain they will jabber their

-■^

HISTORY OF CALIFORNIA. 185

patois, or bad Spanish, with uncouth gesticulations, for
half a day, the majority of them are unwilling to make
any extra bodily effort to procure it ; but when per-
suaded by liberal offers to undertake a task, it is
astonishing with what dogged perseverance they will
often pursue it, what weights they can support, and
what toil they can endure."*

It is recommended that passengers from the States
should remain as short a time in Chagres as possible.
The exhalations from its malarious atmosphere are
extremely prejudicial to the health of the new-comer.

From Chagres, the travellers j/roceed in canoes up
the Chagres river, to Gorgona, a distance of about
fifty miles, or eight miles further, to Cruces. The
canoes are mostly owned by the natives, and the
greatest care is necessary to get them to keep their
agreement. The usual plan by which their services are
secured, is this : A bargain is made with the owner of the
canoe, stipulating for the necessary captain and poles-
men, and then some of the party going up the river in
the canoe, take possession of it, and maintain it, while
one goes before the alcalde, and pays the whole amount
agreed upon, taking a receipt in Spanish. This pre-
caution is rendered necessary ^ the proprietor of the
canoe returning the money to those who engaged it,
on finding he can obtain a greater price from others.
At the present time, vessels, steam and sailing, are
being constructed at Chagres, for the passage up the
river, the increase of the Isthmus travel rendering it
both necessary and profitable.

The beauty of the country through which the
Chagres river flows has been the theme of frequent
praise. Its banks are filled with all the luxuriant

• Diary of a Physician in California, by James L. Tyson, M. D.

16*

186 HISTORY OF CALIFORNIA.

verdure which tropical climes produce. The tama-
rind, the date, the pomegranate, the plantain, the
banana, the cocoanut, the lime, the citron, and the
pine apple, are abundant. Flowers of every hue send
forth their fragrance upon the air, rendering its sweet-
ness delightful to the senses. Orange groves are
numerous, and the fruit is as plentiful as the apple of
the Southern States of the Union. Mountains, hills,
and valleys diversify the prospect, while the ear is
filled with the melodious notes of thousands of birds,
native of the tropics, their music contrasting with the
discordant noise of the parrots, mackaws, and chat-
tering monkeys. Such a scene is worth the travel to
the Isthmus, and the toils sometimes endured in cross-
ing it.

Several small towns and ranches are scattered
along the banks of the river. The first is Gatun, ten
or twelve miles above Chagres. About ten miles
further is Dos Hermano ; further on, Puro Blanco,
and Palenquilla last, about two-thirds of the way to
Gorgona. These are stopping places for the canoes,
where refreshments and supplies can be procured.

At night, parties that land are compelled to build
fires to keep off the wild beasts and venomous ser-
pents, which abound in the neighborhood of the river,
and to disperse the myriads of insects with which the
air teems. Alligators of a large size, are to be seen
lying on the banks in the day time, basking in the
sun. Above PalenquiM are some powerful currents,
which it requires considerable toil to move against.
The river is in some places a half a mile wide, and
in others, not more than thirty yards. The boatmen
are exceedingly indolent, and require constant driving
and coaxing to keep them moving; but sometimes,

HISTORY OF CALIFORNIA. 187

when tliej are prevailed upon to go to work, they will
exhibit an endurance and perseverance almost aston-
ishing. They have been frequently known to work
at the poles, pushing the boat along, for twenty-four
hours, without rest. The diflBculty of ascending the
Chagres river, may be appreciated, when it is stated,
that although Gorgona is only fifty miles from the
town of Chagres, it frequently occupies as high as
forty hours for the canoes to reach that place. Stop-
•pages are, of course, numerous, both on account of
the tirincr of the boatmen and for refreshment.

" Gorgona is located upon a bend of the river,
from which a fine view of the river and valley is ob-
tained. The valley is here about five miles wide, the
mountains rising from it in successive ranges, and
with increasing: elevations. It is an admirable loca-
tion for a town, and must become one of considerable
importance — especially should it be on the route of
the proposed railroad across the Isthmus. It has a
far better appearance than Chagres ; the streets are
laid out with some pretensions to regularity. It is
the head of canoe navigation, and steamboats of light
draft can approach it. The dwellings or huts are of a
better class than those at Chagres ; they have an un-
finished Catholic chin-ch that looks rude and ragged,
but nevertheless, it is a church. The carrying trade
is now almost the only business pursued by its inha-
bitants ; what they did before the gold of California
began to invite a swarm of adventurers across the
Isthmus, to the town is more than can be divined.
Theirs must have been as near a pastoral or primitive
life, as any that can be seen in our day. The soil is
teeming with the evidences of its richness — inviting
the hand of man to its cultivation, by showing what

188 HISTORY OF CALIFORNIA.

it is capable of doing without it — but it is undis-
turbed, save in a few stinted spots of less size than
our ordinary kitchen gardens. All else is left to
spontaneous production. They have herds of cattle ;
these, with game, flesh, fish, and fowl, easily pro-
cured, must have been their principal sustenance. But
it is with them as with the rest of the world, wants
increase with the facilities for gratifying them. They
are rapidly changing their habits since they have an
opportunity to earn money and luxuries, that they*
have been strangers to, are brought within their
means and their reach.

During the dry season, which lasts from December
till June, the road from Gorgona to Panama is gene-
rally preferred; at other times, the canoes proceed
up the river about eight miles, to the town of Cruces,
and take the road leading from that place to Panama.
Each of these routes shall receive our consideration,
and their respective advantages and disadvantages be
set forth. It is advisable, that travellers should rest
as short a time as possible at Gorgona, as accommoda-
tions are of very poor character. Mules and a small
species of mustang are easily obtained, but the mule
is far preferable. Some travellers find it a great
relief to walk a part of the distance, and, with that
intention, parties hire mules or horses in the propor-
tion of two to every three travellers. The baggage
will have to be placed under the charge of the native
muleteers, but, from their observed habits of filching
wherever they get a chance, it is advisable not to
trust them out of sight. There are several places
upon the route where refreshments can be procured ;
but most of the travellers start at daylight from Gor-
gona, and push directly through to Panama, in one

HISTORY OF CALIFORNIA. 18S

day. This is the best mode of proceeding, if the
fatigue is found to be endurable : for it is above all
things important that in such a climate too great
fatigue should be avoided. The following account of
a journey to Panama by way of the Gorgona road,
and descriptions of the road is from a recently pub-
lished narrative :

" We arose from cot and hammock, flea-bitten, and
but little refreshed, though ready to start on what we
deemed our perilous journey across the Isthmus.
Hour after hour elapsed, till the most pleasant part
of the day was gone, and the sun shone with torrid
fervor ; but still our mules were not ready, our host
keeping them back, as we afterwards learned, to obtain
a higher rate. Annoyed beyond endurance at the
delay, and the tardy movements of the worthless set
around us, we scoured the town, and at length suc-
ceeded in obtaining four miserable-looking little ani-
mals at eight dollars a-piece. Another was still
wanting, and, by an offer of ten dollars, I at length
succeeded in getting a tolerably good one. Though
so wretched in appearance, we found these animals
capable of great endurance.

" Glad that the vexatious and irritating events of
the morning, which the cupidity and dogged laziness
of these slothful mongrels had produced, were happily
ended, we hastily swallowed a cup of bad coffee, handed
by a damsel nearly 7iude, and mounting our liosinaiiteSy
we started at a brisk canter, beneath a broiling sun,
while our guido^ all stripped and on foot, trotted off
in advance.

" For the first mile, the way was very pleasant over
a nearly level plain, at the termination of which there
were stronger indications of rougher riding, for wo

17-

190 HISTORY OF CALIFORNIA.

soon began to descend a nearly perpendicular preci-
pice, the only pass, down -which was a narrow mule-
way, where, step by step, these animals had worn a
passage, over rocks, loose stones, sand and mud. We
at length reached the bottom of the ravine, and, cross-
in (^ a brook, which in some parts was a wide and deep
chasm, we commenced a toilsome ascent on the oppo-
site side, over a similar pathway, surrounded by
scenery of wild and unknown plants and trees, on the
mountain and glen, through whose dense foliage a
breath could scarcely penetrate. The fervent atmo-
sphere produced an almost stilling sensation, while the
deathlike silence that reigned throughout, disturbed
only by the audible footfall of our animals, as we
slowly wound around the tortuous asc-ent, made the
journey peculiarly toilsome and solitary.

" For the first few miles I followed closely at the
heels of our guide, and would often pause and turn to
examine the apparently almost impassable route I had
traversed, watch the progress of the rest of the party,
and wonder at the security with which their cautiously-
stepping and sagacious animals would gradually over-
come seemingly insurmountable obstacles. These
mustangs and mules, early trained to travel ' in the
wild mountain track,' are capable of great endurance,
and certainly possess much more knowledge than most
of their riders, when exercised upon what they consider
the safest and surest stepping-place, and best mode
of proceeding. I urged mine repeatedly, to make him
choose a path, which to all appearance was preferable
to his own, but to no purpose. He would turn half
round, and in a slow, solemn way, put his nose to the
ground, and looking keenly about the place, would
cautiously put one foot forward, then another, then a

rri

HISTORY OF CALIFORNIA. 191

third and a fourth, when, poised ©n all drawn under
him, and close together, he would have abetter oppor-
tunity for further inspection, which having satisfactorily
accomplished, another equally deliberate and cautious *
step Avould be made as before, down what, to all |

appearance, was an impracticable route, and so on,
until the difficulty was overcome. Finding that he
knew so much better than I did, how, where, and
when he ought to travel, I invariably threw the reins
to him, when hazardous passes or other obstacles were
to be surmounted. The result was alwavs fortunate.
One or two of the party, however, were satisfied that
' horses should not have their own way,' and whipped
and spurred theirs to such an extent, to compel com-
pliance with their better judgment, that the issue was
as I had anticipated. One was thrown over his horse's
head into a mud puddle, and the other, with horse and
all, stuck fast in a quagmire, from which it was not
easy \o extricate him. Should these lines ever meet »
the eye of those worthy gentlemen, I trust they will
pardon the liberty I have taken in recording here their
feats of muleship. It is true that mine stumbled on
some loose stones once or twice, in descending hills,
and my efforts alone with the reins saved both him
and me from a fall ; but for unmistakeable judgment
in traversing these perilous mountain-passes, I must
admit he proved himself the better of the two.

•' Thus we trudged on, often over difficult, and some-
times dangerous ways. Occasionally we would have
to go up or down, as the case might be, for nearly
half a mile at one time, through a chasm or sluice,
probably worn in the mountains by the torrents of
water that descend during the rainy season. These
gully-holes are often ten and fifteen feet deep through-

I

§

192 HISTORY OF CALIFORNIA.

out their entire extent, and the passes are so narrow,
as barelj to admit of one horse or mule passing
throuo-h at a time ; the rider, to avoid a severe contu-
sion, or probably a broken limb, in turning the sharp
angles, being compelled to place his feet as near the
animal's head as possible, and in this manner he can
ride in perfect safety, though some little management
is requisite to maintain an equilibrium. Before enter-
ing these defiles, the muleteers shout at the top of
their voices, and stop for a short time, continuing the
shouting as they advance, to apprize others at the
opposite extremity of the pass, that the way is already
occupied. This is necessary and important, for if two
on horseback were to meet in one of these narrow
but crooked paths, the scene between the Quaker and
Dandy would have to be re-enacted, for many news-
papers would have to be read, and many segars
smoked, before either could turn out of the way for
his neighbor.

" Continuing on, we passed two or three liadcalas^
or huts, by the way, and after several brief but pleasant
stoppages at the various brooks and mountain-rills, we
at length came out on a beautiful undulating meadow,
where picturesque villas and shadowy trees decked the
verdant plain, and soon thereafter the towers of
Panama were in view. The sun was just setting as we
entered the suburbs, and a flood of purple glory rested
on the sky, reflected back by the sparkling waters of
the Pacific, which brought the distant mountains into
bolder relief, and cast a deeper shadow through the
twilight groves. Half an hour's ride over the paved
Btreet, brought us to the city, which we entered at the
* Gorgona gate,' passing through a heavy stone arch-

CROSSING THE ISTHMUS,

HISTORY OF CALIFORNIA. 193

way, supporting a cupola, in wliicli hangs the alarm
bell mounted by a cross,"*

Such is the character of the Gorgona road to Pana-
ma. With regard to the Crucis road, we may observe
that it is a common practice, for most of those who
take the Gorgona road in going to Panama, on their
return, to take the Crucis road, no doubt hoping that
the difficulties and toil to be encountered are less than
those they know are to be met with upon the other.
The following account of a return journey by way of
the Crucis road, with the full character of the route,
is given in the journal of a returned adventurer.

" I had passed three days in Panama ; and, feeling
desirous of continuing my journey, I had no sooner
concluded this arrangement, than I got my mule sad-
dled, and my box and carpet-bag packed in the regular
Isthmus fashion. The mule I obtained, like most of
his fellows, was little better than a mere skeleton ;
but still it was the best I could procure, and I was
fain to content myself with it. Some of my friends
endeavored to persuade me that it was better to pro-
ceed on foot ; but I knew the muddy and stony nature
of the road, and thought it infinitely more comfortable
to ride a slow animal than subject myself to the suffer-
ings that I must experience from these inconveniences.

" The negro, I had hired, brought to my hotel a
lon^ frame of bamboo, with a sort of basket at the
end, into which h^cl%mi^d ray luggage. This frame
had two straps ^tcned to the upper part of it,
through one of which he slipped his arm, whilst he
passed the other over his left shoulder, and attached
it under the latter to the frame which was now on
his back. This contrivance not only effectually

• Diary of a Physician in California, by James L. Tyson, M. D.

17

13

*^~

194 HISTORY OF CALIFORNIA. %

secures the load in its place, but protects the shoulders
of the bearer from the continual friction they would
otherwise undergo,

" A large party had preceded me ; but I felt no
anxiety to overtake it, as there was little or no danger
of my encountering violence on the route. I was
armed with a good revolving pistol, in the event of
any thing of the sort presenting itself; so that, all
things considered, I was just as well pleased to be
left to my own society.

'* I proceeded on my route with my sable attendant,
and found the commencement pleasant enough travel-
ling, the road for some distance being paved with
large and regularly cut stone. This, however, soon
terminated in abundance of sand ; the route still con-
tinuing dry, and comparatively easy to what I had
expected to find it. Soon after we had quitted the
paved road, the negro stopped and asked my permis-
sion to take a few things to his family, who lived in a
small hut to our left. Apprehensive that he was
meditating an escape with my luggage, I replied that
I had no objection, provided he would leave his
basket in my care. He accordingly took the frame
ofif his back, and, separating a small bundle contain-
ing provisions from my baggage, he took his departure.
I took care, however, to keep him in sight and saw
him enter a wretched-looking bamboo-hut at a little
distance from the route. He remained absent a con-
siderable time ; and, having paid him half his wages
in advance, according to the usual custom vnth. these
people, wlio arc exceedingly distrustful, I began to
fear that he was about to desert me, and therefore
called out lustily, until at last I saw him reluctantly
emerge from the hut, and make his way towards me.

HISTORY OF CALIFORNIA. 1^5

These negroes being constantly in the habit of desert-
ing travellers on the route, and stealing their bag-
gage whenever the opportunity presents itself, I was
particularly careful not to lose sight of my attendant.
" A few miles further on, I again found myself on
a stone road, said to have been paved by Cortes to
facilitiite the passage of his troops from the Atlantic
to the Pacific coast ; and, although I have travelled
rougher and steeper routes in Lower California, I can-
not say that I have ever encountered such a combina-
tion of petty difficulties and annoyances. The road
is, for the greater part, barely wide enough to admit
of one mule passing with its packs, the sides forming
steep embankments, composed chiefly of rich clay,
but, in many places, of large rocks, through which a
passage had evidently been cut with great labor.
But little of the country can be seen on either side,
owing to the height of these embankments ; but now
and then the traveller obtains a glimpse of dense
thickets, and occasionally of undulating hills, the
summits of which are covered with a deep perennial
green. The recent rains having poured in torrents
down the steep sides of the road, every cavity and
crevice was filled with water and mud. Owino; to the
nature of the soil, and the constant trirffic across the
route from the time it was originally cut through,
innumerable stones and flags had sunk considerably
below the level of their original position ; whilst a
few had retained their places, as if to serve as step-
ping-stones to the traveller over the wet and mud.
It is a task of incessant and wearying exertion, how-
ever, even for those who are mounted on mules, to
avoid floundering into some of these pitfalls and quag-
mires at every step they make.

196 HISTORY OF CALIFORNIA.

*^ The mules themselves are, as I have abeady stated,
80 "worn-out, and broken-down, that it requires the
utmost vigilance and care on the part of their riders
to prevent them dropping, and precipitating them into
the mire. In order to guard as much as possible
asainst this continn-ency, whenever ladies travel this
route, thej are obliged to discard the side-saddle, and
resort to a less feminine style of equitation. I overtook
a party of about twenty persons on the road, amongst
whom was a married lady on her way to the States ;
and I watched her rather curiously, to observe how
she got over the difficulties that beset her. Being
fortified with that article of male attire, the figurative
possession of which is said to denote domestic ascen-
dency, she thought it incumbent upon her, I suppose,
to display all the courage and nerve that should
properly be encased in it. Several times, when I
fancied that both she and her mule were on the point
of being capsized, she recovered herself with ad-
mirable presence of mind, and seemed to enjoy the
risk exceedingly.

"As to myself, I floundered on as well as I could
with a mule tottering beneath me from sheer exhaus-
tion, and sinking every minute up to his knees in
mud. It seemed to me that we were making little or
no progress ; and I became thoroughly tired and dis-
heartened. I do not know any temptation, however
powerful, that would again induce mo to encounter
the never-ending series of difficulties and annoyances
that laid in wait for me at every step ; and I must
candidly own, that even the force of female example,
of which I had so merry a specimen before me, did
not at all shame me into a less impatient endm^ance
of them.

HISTORY OF CALIFORNIA. 197

" The negroes whom I met on their way to and
from Panama excited my astonishment, from the
amount of physical exertion which they seemed
capable of undergoing. "With their legs and feet bare,
and nothing but a cloth around their loins, they car-
ried enormous burdens on their backs, stepping from
stone to stone with wonderful strength and dexterity.
These poor creatures must lead the most wretched
and laborious of all the painful modes of existence to
which their race is condemned ; and not even long
habit, or their peculiar physical construction, can di-
vest it of its distressing character in the eyes of a
stranger. They all bear, on their hard and wrinkled
faces, the stamp of overtaxed strength ; but they
seemed content with their lot, and will, doubtless,
regret the formation of a better route, as tending to
depreciate the value of their services. Notwithstand-
ing the toilsome and laborious nature of their occupa-
tions, however, the carriers of Panama are the hardi-
est and most muscular race to be seen here ; for the
rest of the population, both white and black, are of
comparatively sickly and diminutive appearance.

" Moving somewhat like a ship in a storm, rising
and sinking alternately at stern and bow, surmounting
first one huge stone, then a deep mud hole, then
another stone, and then a small lake, my mule and my-
self at last reached Crucis in the evening, the whole
distance traversed not being above twenty miles."*

The town of Crucis is a place very similar to Gor-
gona, but not so large. The houses are built of cane
and plastered with mud. No attention is given to
arrangement, and but a small portion is so constructed

• Personal Adventures in California, by W. Redmond Ryan.

198 HISTORY OF CALIFORNIA.

as to bear any resemblance to a street. The climate
is unhealthy, and travellers from the United States
make as short a stay there as possible. Doubtless,
with the increase of travel, the character of the town
and its accommodations will improve ; but the heat
and humidity of the atmosphere, particularly just
after the rainy season, cause a great deal of injury to
the health of people from the United States, and will
prevent any considerable settlement of Anglo-Saxons
in the town.

Panama, the terminus of the varied and difficult
route across the Isthmus, is situated on the shore of
an extensive and beautiful bay. It contains about
eight thousand inhabitants, most of whom are negroes.
Being one of the old Spanish towns, upon the decline
of the Spanish power, the place fell into decay. The
houses are generally of stone or brick, two and three
stories in height, whitewashed or covered with a coat
of plaster, and are invariably surrounded by a bal-
cony protected from sun and rain by the roofs of the
houses extending over them. The town is regularly
arranged, the strait and narrow streets intersecting
each other at right angles. The substantial character
of the buildings as well as the evidences of neglect
and decay, strike the traveller at the same time. A
wall was built by the Spaniards, around the portion
of the town nearest the bay, but at least one half of
the population reside beyond its limits, and it is in a
dilapidated state. A venerable, decayed, but still
imposing cathedral ; a grand plaza, or open common
— a general characteristic of Spanish built towns ;
several churches, partly in ruins ; the ruins of the
College of Jesuits, which cover a large extent, and of
two monasteries, of which the walls and bells alone

15

HISTORY OF CALIFORNIA. 199

remain ; and the frowning walls and towers of the
battery, fronting the bay, are th-e principal features
of the town of Panama. Since the commencement
of the emigration to California^ a number of Ameri-
cans have established hotels and eating-houses in the
t>own, and good accommodations are, therefore, to be
obtained by travellers.

The atmosphere at Panama is particularly injurious
to people from the northern climes, and great care
must be taken by travellers during their stay at that
place. It is best to avoid eating fruit altogether ; but,
if indulged in, it should be in very inconsiderable
quantities. Exposure to the mid-day sun is a fre-
quent cause of sickness among the travellers, and
should be avoided, as well as exposure to the rain.
During the raiey season, the vomito is often prevalent
among the inhabitants of Panama, and is generally a
fatal disease; but there is a great deal less travel
across the Isthmus during that season, on account of
the sickliness of the climate and the difficulties of the
route. A sort of bilious fever and dysentery arc the
most common forms of disease among travellers from
the north ; but both may be avoided by proper care.

From Panama, steamships of superior size and
accommodation, convey passengers to San Francisco-
Starting from the front of the city, the beautiful bay,
^ith its semi-circular shores skirted with green foliage
acd inclosed with high mountains, and the lofty
islands of Flamingo, Perico, Taboga, and others,
present themselves to the view. At the island of Ta-
boga, all the vessels that come into the bay obtain
their supplies, and the Pacific Mail Steamship Com-
pany have established their depot for eoal, &c., on
its shores. After obtaining all the necessary supplies,

J

200 HISTORY or CALIFORNIA,

the steamsliip moves out of the bay, rounding Point
^lala. The voyage upon the Pacific, with all its
variety of incident and scenery, then commences.
The principal annoyance of travellers is the almost
intolerable heat of the sun and furnaces of the steam-
ship united. Water-spouts and different species of
whale are frequent sights. Korth of the Gulf of Te-
huantepec, the steamer nears the land, and the bold
mountain coast of Mexico breaks upon the view, and,
at night, the passengers enjoy a view of the glaring
light produced by the burning volcano of Colima ;
though the volcano itself is but imperfectly seen,
being at the distance of ninety miles from the vessel.
Soon after this fades from the view, the islands off the
town of San Bias appear, and an immense white rock,
isolated from the sea, serving as a lighthouse to ships
steering for the port. At San Bias, the steamships
remain some time, to obtain supplies of coal, fresh
fruits, and provisions. These indispensables having
been procured, the vessel proceeds upon her voyage.
Cape Corientes next appears, and, soon afterwards,
the entrance to the Gulf of California is approached ;
and then, Cape San Lucas, the extreme southern
point of California, with its mountains and rocky
shores, is hailed by the traveller as the first portion of
the "promised land" that greets his sight. Passing
along the western coast of the peninsula, the island
and bay of Magdalena appear, with shores three or
four thousand feet above the sea. 'Next, the towering
ridges of Cerros Isles are passed, and the bold, rocky
shores of the peninsula are in continual view. The-
change of the temperature of the air is generally
keenly felt by those who do not take care to provide
against it. Within a few days after leaving Panama,

?

!

• 1

HISTORY OP CALIFORNIA. 201

the thermometer falls from 95° to 55°, and such a
change must have an injurious effect, if additional
clothing is not put on to meet it.

The first portion of Upper California, or the
'' Golden Land," which presents itself to the voy-
agers, is the Ceronados, two high, round-topped rocks
off the port of San Diego. Then the beautiful, semi-
circular harbor is entered, and if -vvanting, supplies
are obtained from the town. From the harbor of San
Diego, the vessel proceeds along the coast of Califor-
nia, and the towering peaks of the coast range of
mountains, engage the attention. The high pro-
montory of St. Vincent is passed, and then the open
bay of Monterey is entered, and passengers are either
let off the steamer or taken aboard as necessity may
occasion. From Monterey the steamer keeps along
the coast, and mountainous shores alone meet the
view, until tho voyagers come in sight of the Faral-
lones, two large detached rocks at the southern side
of the entrance to the bay of San Francisco. Then
the Golden Gate, as the strait or entrance is called, is
entered by the steamer, and the perpendicular cliffs
and hills upon each shore afford matter for wonder.
The strait is about three miles long, and from one to
two miles broad. As the vessel reaches its terminus,
the great bay of San Francisco opens to the view,
looking like a miniature ocean. Bird Island, Wood
Island, Angel Island, with the beautiful little bay of
Sancelito, successively meet the gaze, and very soon
the steamer is anchored, having reached her destina-
tion. Such is the Isthmus route to the "frold re-
gion." It is the shortest route, or the one which oc-
cupies the least time in traversing, presents great

' 202 HISTORY OF CALIFORNIA.

variety, and upon the wliole, its beauties and plea-
sures outnumber the difficulties and annoyances.

THE OVERLAND ROUTE.

We now proceed to give the general character and
direction of that which is considered the best land
route to California, and which is the most travelled
by emigrants. The principal advantage possessed by
this route may be stated in a few words. It is the
shortest route to the bay of San Francisco and the
gold region. The Indians upon the route are friendly
and very few acts of hostility have been committed.
The trail is plain and good where there are no physical
obstructions. To these must be added the certainty
of the emigrants reaching their place of destination,
in good season ; which will not exist, if new and un-
explored routes are attempted. The greatest cala-
mities and sufferings have been endured by those who
have either taken an entirely different route, or de-
viated from the line which we will describe. Advice
concerning the time of starting, preparations, &;c.,
will be interspersed in the description.

The starting point, and the general rendezvous for
emigrants, is the town of Independence, Missouri, sit-
uated about six miles from the Missouri River, on the
south side of it. This town has been, for many years,
the principal outfitting point for the Santa Fe traders,
and contains about two thousand inhabitants. Emi-
grants should be at the starting place by the 20th of
April, and start upon their journey as soon thereafter
as the grass will permit. The outfit of companies of
emigrants would be too tedious to mention, and as it
varies considerably, from differences of means and
taste, a description would hardly be accurate. But

HISTORY OF CALIFORNIA. 203

there are certain things which arc indispensable to
those who take this route, and these vre will mention.
With respect to wagons and teams, the lightest wagon
that can be constructed of sufficient strength to carry
2,500 pounds weight, is the vehicle most desirable.
This can be drawn by three or four yokes of oxen, or
six mules ; oxen are usually employed for this purpose.
Pack mules can only be employed by parties of men ;
but the journey can be made in great deal less time
with mules than with oxen. The provisions taken by
the companies, consist mainly of flour, bacon, coffee,
and sugar ; besides these indispensables, there is rice,
crackers, salt, pepper, and other luxuries of light
weight. As to the quantity necessary, that may be
determined by considering the length of the route
and the average number of miles which the emigrants
travel per day. From Independence to the first set-
tlement in California, which is near the gold region,
it is about two thousand and fifty miles — to San Fran-
cisco, 2,290 miles. Oxen teams travel about fifteen
miles per day upon an average. At that rate, it would
require one hundred and thirty-one days to reach the
first settlement in California. Allowance should be
made for stoppages by accident. Every man should
be provided with a good rifle, a pair of pistols, with a
quantity of ammunition, and a bowie knife and hatchet,
in his belt. A set of carpenter's tools is also necessary.
Starting from Independence, and travelling a few
miles over a good road, the first prairie opens upon
the view. This is called the Blue Prairie, and pre-
sents a surface undulating and clothed with rich ver-
dure. In crossing this prairie, violent storms often
overtake the emigrants, and to those who have not
been accustomed to it, the scene during the storm is

204 HISTORY OF CALirORXIA.

terriScallj grand. Fourteen miles travel upon the
prairie brings the emigrants to the "Blue Creek,"
■which is fordable, except after a heavy rain. Ford-
ins: the creek and crossino; the timbered bottom of the
stream, another magnificent prairie is entered, which
is beyond the Missouri line, and within the Indian ter-
ritory. Sixteen miles travel over this beautiful plain
brings the emigrant to Indian Creek, the banks of
vrhich usually serve for a place of encampment. The
prairie offers the best pasturage for cattle ; but con-
stant watching is necessary to keep them from stray-
ing away and returning to the settlements. From
Indian Creek, the emigrants proceed across the prairie,
along the Santa Fe trail, for about fifteen miles, and
then leave it, turning off to the right hand. Cross-
ing several deep ravines, which are very difficult of
passage in rainy weather, the emigrants arrive on the
banks of the "Werkarusa Creek. This is another
favorite place of encampment, groves of trees being
on each side of it. From this creek, the route is over
the high-rolling prairie, upon a smooth and hard trail.
The want of water is the only annoyance that is ex-
perienced by the travellers, and a long day's journey
is necessary to bring them to the nearest creek — a
branch of the Kansas River. The banks of the creek
are steep, and considerable toil is requisite to cross it.
The crossing of the Kansas River is the next diffi-
culty to be met. There is a regular ferry about five
miles from whc^re the emigrants cross the tributary
creek. At that place the river is never more than
two hundred yards wide, even after heavy rains. The
wagons are placed in boats, owned by the Indians,
and transported to the opposite shore for the sum of
one dollar per load. The oxen and horses are com-

HISTORY OF CALIFORNIA. 205

pelled to swim across. Following the trail for about
three miles, a place of encampment, on the banks of
Soldier Creek, is reached. The soil in the neighbor-
hood of the Kansas is luxuriantly productive, and the
most refreshing verdure meets the eve along the
trails from that river to Soldier Creek. The route
is then pursued over a flat plain — boggy in some
places — for several miles, till another creek is reached,
the banks of which are steep, and this, as in other
cases, make its crossing a matter of great toil. The
trail then runs over a high, undulating country, pre-
senting every variety of scenery, as far as Black
Paint Creek, near which are two Kansas Indian vil-
lages. The Kansas are a friendly tribe, and if they
were not, they are not powerful enough to attack large
parties of emigrants. They are somewhat disposed
to pilfer whatever they can conveniently, and require
close watching.

After crossing the creek, the trail is followed
through a fertile valley, across Hurricane Creek, which
is somewhat difficult of passage, and then over an
open and rolling prairie, broken by small branches
and ravines. Many places, convenient for encamping,
are to be found on the route, some of which have
springs of pure cold water. Farther on, the ground
becomes more broken, and Yermilion Creek, a large
and rapid stream, is reached. Its banks are steep,
and its fording very toilsome and difficult. Between
this creek and the Big Blue, there is neither wood
nor water to be obtained, and therefore, it is cus-
tomary for the emigrants to fill their casks at this
place. The ground between the two streams, a dis-
tance of ten miles, is more broken than any upon
the former part of the route, and on arriving at the

18

206 HISTORY OF CALIFORNIA.

Big Blue, a steep descent is made to the low, bottom
lands near the river. The usual width of the Big
Blue is about a hundred yards, at which time alone
it is fordable. It becomes much swollen by heavy
rains, and very rapid in its current.

Arising from the bottom of the Big Blue Biver, the
emigrants are again upon the high and undulating
prairie. Every variety of scenery is presented to the
view, and springs of water, issuing from the cliffy
banks of the small branches and ravines, and shaded
by groves of trees offer many places for rest and re-
freshment. Fourteen miles from the Big Blue, one
of its tributaries, exceedingly difficult to cross with
large wagons and teams, is met with. After passing
it, the trail runs over a smooth inclined plane for the
distance of twelve miles, to another encamping place
for emigrants, upon the banks of a small creek.
From that creek there is a gradual ascent for the dis-
tance of about fourteen miles, and then a beautiful
valley, through which flows a small stream, meets the
eye of the wearied emigrants, and offers groves of
oak to serve for places of rest. Then there is another
gradual ascent, through a country which is more
sandy and less fertile than any met with upon the
former part of the route, for more than twenty miles.
The Little Blue is then reached, and the train con-
tinues along up the banks of the stream for the dis-
tance of about fifty miles ; the road being dry and
firm, except in a few ravines. The trail then diverges
from the stream to the right, ascending over the
bluffs, into the high table land of the prairie, and
continues to ascend gradually until the bluffs overlook-
ing the valley of the Platte River, are reached. The
soil along this part of the trail is sandy, and the grass

z=r\

HISTORY OF CALIFORNIA. 207

rather scarce ; but vratcr can be obtained at several
places.

The Platte River is about one hundred and fifty
yards in breadth where the trail reaches it. The
current is sluggish and turbid, and the water is very
shallow. The trail continues aToncj the banks of the
river, the course of which is nearly from west to east,
and the road is all that could be wished for travelling.
The bluffs which skirt the valley present considerable
variety, and as the route is continued, they become
more elevated and broken. The soil of the valley
becomes less %rtile and the vesretation is thin and
short. After traversing the valley of the Platte for
the distance of one hundred and thirty miles, the
trail crosses the river and continues along the narth-
ern bank of the south fork for about tvrelve miles,
when it diverges from the stream to pass over the
prairie to the north fork. The distance from the
south to the north fork of the Platte, by the emigrant
trail, is about twenty-two miles, without water. The
country between the two streams is high and rolling.
The soil is poor, the grass short, and no trees or
shrubs are visible. The trail descends into tlie valley
of the north fork of the Platte, through a pass known
as Ash Hollow. There is but one steep or difficult
place for wagons in the pass, and in the valley will be
found a spring of pure cool water. At this place,
there is a sort of post office, where letters are left by
emigrants, with requests that they shall be taken to
the States by those who pass this way.

For several miles from Ash Hollow the trail passes
over a sandy soil, which is very soft, but which after-
wards becomes firmer. The scenery then presents
the aspect of barrenness and desolation. Sand and

208 HISTORY OF CALIFORNIA.

rocks are all that meet tlie view for many miles. The
landscape then assumes a greener and more refresh-
ing appearance, and groves of trees relieve the emi-
grants from pursuing their way any farther during
the day. Farther on, the well-known landmark, called
the " Chimney Rock,'* which can be seen at a great
distance, is met by the emigrants. It is composed of
soft rock, and is several hundred feet high. The
scenery in the neighbourhood of the rock is very
remarkable and picturesque. There are a number of
rocky elevations which present the appearance of
vast tem.ples and pyramids, with domf s and spires
partially in ruins. Over a sandy soil, the trail is
pursued for about twenty miles, the surrounding
scenery being of the most sublime and singular char-
acter. Near a remarkable rocky conformation, called
" Scott's Bluff," the trail leaves the river, and runs
over a smooth valley in the rear of the bluff. It
there ascends to the top of the dividing ridge, from
which the Rocky Mountains can be seen. Descending
from the ridge, it passes over a barren country, broken
by deep chasms and ravines, for about twelve miles,
when Horse Creek is reached. From that creek, the
trail is followed to the Platte River, where a place for
encampment is found, though the grass is very in-
different. Continuing for several miles through a
barren country, the trail is followed to " Fort Ber-
nard," a small building, rudely constructed of logs,
used as a trading-post. Eight miles farther on, is
Fort Laramie, or Fort John, as it is sometimes called.
This fort has been the principal trading-post of the
American Fur Company. It is situated in the Lara-
mie River, near its junction with the Platte, and is six
hundred and seventy-two miles from Independence.

HISTjRY of CALIFORNIA. 209

The building is quadrangular, and is constructed of
adobcj or sun-dried bricks. Its walls are surmounted
by watch-towers and its gate is defended by two
brass swivels.

From Fort Laramie, the trail continues on through
a broken country, to the Platte River, a distance of
twenty miles. Crossing a small creek which empties
into the Platte, it proceeds through the dry bed of
one of its branches, over a deep sand for six or eight
miles, and reaches the summit of a high ridge. From
thence it descends into a narrow valley, through
which flows a small stream of pure water. Another
ridge of hills is then ascended, and a wild, desolate,
^but picturesque scene is presented to the view. Nu-
merous lofty mountain peaks, barren rocks, and a vast
prospect of low conical hills are the principal features.
Through a country, the principal features of which
are of this description, the trail is followed, and the
monotony of the journey is only relieved by an occa-
sional stoppage at a refreshing spring of water. The
trail gradually ascends towards the summit of the
Rocky Mountains, and the country becomes more
broken and sterile, till it reaches Beaver Creek, a
tributary of the Platte. There the grass and water
are good, and the wood is abundant. The country
exhibits every indication of fertility upon the trail lead-
ing from Beaver Creek, and pure and limpid streams
are frequent, until the Platte River is again struck
and followed upon its southern bank, for the distance
of about eighteen miles. The river is then forded,
and the trail ascends the high bluffs overlooking the
valley, and proceeds over several miles of table-land
till the valley of the Platte is again reached. At
this point, the trail finally leaves the Platte, and,

18*

14

210 HISTORY or CALIFORNIA.

ascending tlie bluffs on the right, passes oyer an arid
plain diversified with immense piles of rocks, deep
ravines and chasms, and presenting a wide-spread
sterility and desolation, for the distance of forty
miles. V^ater is to be obtained in very small quanti-
ties and at few places on this part of the trail, and,
therefore a scarcity should be provided for before
leaving the Platte. At the end of that distance, the
trail descends into a small valley, where spring water
can be obtained and some refreshing shade. Ascend-
ing from this valley, the trail gradually ascends to
the summit of a dividing ridge, from which a view of the
Sweetwater River Mountains can be obtained. De-
scending from the ridge, a small stream, the grassy
banks of which serve for an encampment, is soon
reached. Farther on is a well-known landmark among
the mountains, called Independence Rock. It is an
isolated elevation, composed of masses of rock, about
one hundred feet in height, and a mile in circum-
ference, standing near the northern bend of the Sweet-
water River, and between the ranges of mountains
which border the valley of that stream.

The trail proceeds up the Sweetwater River, and
passes a remarkable fissure in the Rocky Mountain
wall, which is called the Devil's Gate. The fissure is
about thirty feet in breadth, and the perpendicular
walls on each side of the channel of the stream which
tiows through it, are nearly three hundred feet high.
The trail leaves the river about twelve miles from
where it first strikes it, and then retm^ns to it after
traversing about sixteen miles. It again diverges from
the river and crosses a broken and arid plain, which
presents but few signs of vegetation. Passing through
a gap between two ranges of granite mountains, the

HISTORY OF CALIFORXIA. 211

first view of the Wind River Mountains is obtained.
The trail then proceeds through a narrow valley
several miles in length, the surface of which is white
with an alkaline efflorescence, and then returns to the
8wectwater River. Continuhig up the valley of the
iSAveetwater, occasionally leaving the bank of the
stream and passing over the rolling and barren table-
lands, it crosses two small creeks which present good
places for encampment. Several miles farther on, the
trail crosses the Sweetwater River, and then leaves it
finally, making a gradual ascent to the South Pass of
the Rocky Mountains, or the dividing ridge which
separate the waters of the Atlantic and Racilic.

After the summit of the ridge is reached, the trail
passes two or three miles over a level surface, and
then descends to the spring, well known to emigrants
as the ''^ Pacific Spring." The water from this spring
is emptied into the Colorado River of the West, which
river empties into the Gulf of California, This Pacific
Spring is two miles west of the South Pass, and nine
hundred and eighty-three miles from Independence,
Missouri,

From the Pacific Spring, the trail passes over an
arid, undulating plain, in a west-by-north course, for
about twenty-eight miles, when the " Little Sandy"
River, a branch of the Green or Colorado River, pre-
sents itself, and furnishes the first water after leaving
Pacific Spring. From the Little Sandy River, the
trail passes over a plain of white sand or clay, and
within twelve miles reaches the Big Sandy River, and
passes along it for about eighteen miles, and then
strikes oft' and crosses the Green River, or Colorado
of the West. This river is shallow and only about
seventy yards broad. The trail then continues down

212 HISTORY OF CALIFORNIA.

the Green River a short distance, and then, making a
right angle, ascends the bluffs bordering the valley of
the stream, in nearly a west course. The country
then becomes still more broken and barren, and the
trail ascends gradually to the summit of a ridge, from
■which it descends to the banks of the Black Fork, a
tributary of the Green River. This Black Fork is
crossed several times upon the route, but is not more
than sixty yards wide and is very shallow. The trail
leaves it to cut off the bends and then returns to it.
The scenery along this part of the route is interesting,
but the soil is frightfully sterile. Diverging from the
stream the trail passes over a barren plain with no
vegetation upon it except the wild sage, so common
even in the most sterile country, and then passes
through a bottom of grass, offering a good place for
an encampment.

Near this place is Fort Bridger, a small trading-
post established by a Mr. Bridger. The buildings
are two or three rudely constructed log cabins, and
they are situated in a handsome fertile bottom, on the
banks of a small stream. This fort is about eleven hun-
dred miles from Independence, Missouri. From Fort
Bridger, many parties anxious to explore the country,
take the route by way of the south end of the great
Salt Lake. But the scarcity of water and the other
difficulties encountered in crossing the sterile plains
and the great Salt Desert should be sufficient to deter
emigrants with families from taking that direction.
Oxen could not travel fast enough from one watering-
place to another, and must necessarily perish from
thirst. Besides, the route is but poorly defined, and
may be wandered from very easily.

The trail of fhe old route, and the one taken by

HISTORY OF CALIFORNIA. 213

most of the emigrants, leaves Fort Bridger, and pur-
sues a north-westerlj course, through the Bear River
valley, Tvliich it leaves at a remarkable landmark
called Sheep Rock, and crossing a dividing ridge
reaches Fort Ilall, by the valley of the Portneaf
River. This fort was established by the Hudson
Bay Company, and it is the seat of a considerable
trade in furs with the Indians and trappers. From
Fort Hall the trail continues on till it reaches the
valley of Mary's River. There a tolerably fertile soil
and refreshing vegetation greets the eye of the travel-
worn emigrant. The trail crosses the river five or six
times in as many miles, in order to take advantage of
the narrow bottoms made by the windings of the
stream. The bottom is skirted by very high ranges
of mountains to where the trail leaves it, and turning
to the right ascends over low, gravelly hills. Descend-
ing from the summit of a ridge of hills, it passes
through a valley where good grass and water can be
obtained — the valley containing several springs of
pure cold water. Emerging from this valley through
a narrow gap, the trail passes into another still more
extensive, and pursues a south-westerly direction for
about twenty miles, keeping near the margin of Mary's
River, A succession of low hills are crossed, and
another valley is reached. During the journey through
these valleys, the emigrants are exposed to the fiery
rays of the sun, and the hot winds from the desert
are very oppressive. The trail then follows the course
of the river in a direction nearly north-west, through
valleys, or plains of great extent, and mountainous
defiles, occasionally following a bend of the river
towards the south-west. The greater portion of these
valleys is barren, but there are frequent fertile spots

^

214 HISTORY OF CALIFORNIA.

near the boiling springs. The only Indians met on
this part of the route are the diggers, and they do
not possess the power to do much harm, if they even
were hostile ; but they are friendly. The want of
water is the principal annoyance.

Passing over the desolate valleys and hills that
border Mary's River, the trail descends into a large
circular basin, in which a place for encamping ia
found, but with little water. From this basin, it
crosses some considerable elevations and then a totally
barren plain ten miles wide. Beyond this, water and
grass of tolerable quality are soon found ; and there,
if possible, a supply should be obtained suflBcient to
last for a long day's journey. Rounding the base of
a mountain, the trail takes a south-west course, across
a totally barren plain. No sign of the river, or the
existence of any water is exhibited. Near the southern
edge of the plain, which is twenty miles in extent,
some pools of standing water are found, and the place
is known as the " Sink of Mary's River." From
these pools to the Truckee, or Salmon Trout River,
the distance is forty-five miles. The trail is followed
over the hills of ashy earth, in which the mules often
sink to their bellies, and over a ground destitute of
any vegetation, except occasional clumps of wild sage.
A ridge of mountains is then ascended by an easy
inclined plain, and a view of the distant range of
Sierra Nevada is obtained on reaching the summit.
The intervening valley presents as barren a prospect
as the country immediately preceding it. Descending
into it, numerous boiling springs are found, which
often serve to delude the thirsty emigrants. But by
damming up the streams which flow from them, the
water may be cooled, and, although impregnated with

HISTORY OF CALIFORNIA. 215

salt, sulpliur, and magnesia, it may quench the thirst.
The phenomenon of mirage is frequently presented to
the view of tho emigrants, and it very often assumes
the appearance of things unknown to that desert
region, such as lakes, cascades, and foaming and
tumbling waters. About twelve miles from the
springs, a ridge of sandy hills, running across the
valley, is ascended, and then an elevated plain of
about ten miles in extent is crossed by the trail. Over
this plain the travelling is very laborious — the sand
being very deep. But at length the Truckee River is I

reached, and water, grass and trees, larger than any
upon the former part of the route for five hundred
miles preceding, greet the wearied and thirsty
emigrant.

The Truckee River is about fifty feet in breadth
with a shallow but rapid current of clear water. The
bottom land is exceedingly fertile, and game is some-
times to be obtained in its neighborhood. The trail
crosses the Truckee very frequently, in its winding
course, but the country being agreeable, this is not
considered toilsome by the emigrant, after traversing
the barren plains in the vicinity of Mary's River. The
course of the Truckee is nearly from the south-west to
the north-east, and in some places it passes between
very high mountains, affording scarcely room for tra-
vellers to pass. Sometimes the trail is followed
through fertile valleys and then over barren hills and
rocky passes till the summit of a gap in the moun-
tains is reached, and a pleasant valley opens to the
view, oflfering a fine place for encampment. The trail
then turns to the left, and proceeds in a southerly
direction, crossing the Truckee several times, until
the Truckee Lake breaks upon the view. This small

216 HISTORY OF CALIFORNIA.

sheet of water is surrounded by lofty mountainSy ex-
cept upon the side where its outlet flows from it. The
trail strikes the shore of the lake at its eastern end,
and continues around its* north-eastern side over a
yery difficult, boggy road. Having reached the upper
end of the lakes, the trail leayes the shore on the
right hand, ascends over some rocky hills^ and, cross-
ing some deep ravines and swampy ground, arrives at
the base of the crest of the Sierra Nevada. Then
comes the ascent of the steep pass — a work of diffi-
culty and danger. The mules are compelled to leap
from crag to crag, and, when heavily laden, are often
precipitated backward in climbing the almost perpen-
dicular rocks.

Having attained the summit of the pass, the view
I is inexpressibly grand and comprehensive. A mile

journey upon the top of the mountain brings the tra-
veller to a small lake, surrounded by good grass,
which is often used as a place of encampment. Leav-
ing the lake on the right hand, the trail descends over
the rocky ground for a few miles, and then enters a
beautiful valley about five miles long. Through this
valley, which is called the Yuba valley, by the emi-
grants, flows the Yuba River, a tributary of the
Feather River, and the scene of considerable gold
digging and washing. This is the commencement of
the gold region, and after their journey through the
wilderness, here the emigrants greet the " promised
land." From this point to Sacramento city, the great
terminus of the overland emigration, it is about sixty
miles ; but the trading post of Yuba, Johnson's
ranche, Vernon, and the other posts, ofier convenient
intermediate resting places.

We have thus sketched the general character of the

HISTORY OF CALIFOKNIA. 217

principal overland route to California, and Lave fol-
lowed the trail of the emigrant over all the difficul-
ties and obstacles which present themselves upon the
route. That there are portions of the journey which
are pi^oductive of considerable suffering, and which
demand stout hearts and strong constitutions to meet
them, is not to be doubted. But they are few com-
pared with the dangers to be encountered by deviat-
ing from the particular trail whose course we have
followed. The want of water is the priiicipal source
of annoyance towards the lake part of the route, but
this occurs in few places. The longest distance to be
travelled without finding water, is about forty-five
miles — from the "Sink" of Mary's River to Truckee
River, and this may be prepared for. It is a matter
of great importance, that the delay upon the route
should be as little as possible. Great suffering and
many deaths have been caused by delaying too long
at different camping places. It should be made an
urgent duty to get over as much ground every day as
possible, and to keep in the old trail.

The overland route which we have sketched, and
the route by way of Chagres and Panama, are the two
routes by which most of the California emigrations had
proceeded ; but there are others projected, and some
have been followed. Many persons have proceeded to
California through Mexico ; but the difficulty and
delay in the matter of passports, and the opposition
of the Mexicans to armed parties of another country
passing their territory, must prove weighty objections
to any such route. Another has been projected, and
will probably be opened. It is a route across the ter-
ritory of Nicaragua, in Central America. This will
be the shortest and most convenient route to the gold

19

218 HISTORY OF CALIFORNIA.

region, and will absorb the greater portion of the
travel thither ; but the overland route will always be
taken by those who have been accustomed to a coun-
try life, or have a thirst for adventure. It presents
the greatest variety of scenery — some of it of a cha-
racter not to be seen elsewhere ; and affords oppor-
tunities for studying nature in all h'er visible forms ;
and, though attended with toils and dangers, which
will daunt the feeble, it possesses the strongest at-
tractions for the lovers of variety, and the hardy ad-
venturer who has confidence in his own powers of
endurance.

CHAPTER XII.

RECENT EVENTS.

Believing that every event which in any way
affects the interests or welfare of California is im-
portant to those who have watched her progress and
have been astonished at her rapid rise, we will in this
and a subsequent chapter, bring the narrative up to
the time of issuing this work.

The city of San Francisco, in the midst of her
progress and prosperity, has been twice visited by the
destroying element of fire. The first calamity of this
kind occurred on the morning of the 25th of Decem-
ber, 1849. The fire consumed all that portion of the
city on and near the plaza, involving a loss, at Califor-
nia prices, of over a million of dollars. Fortunately,

HISTORY OF CALIFORNIA. 219

it was the rainy season. If the fire had occurred
during the dry season, and the prevalence of the
furious gales, the whole city, composed, as it was, of
canvas tents and wooden houses, must have been
destroyed. The event did not materially affect the
progress of the city ; for the burnt district was entirely
rebuilt within twenty days.

The second great fire occurred on the night of the
4th of May, 1850. It broke out in the United States
Hotel, situated on the plaza, or Portsmouth Square —
the very heart of the city. The flames soon spread
to the adjoining buildings, and several of the principal
hotels were destroyed. NotHing could stop the pro-
gress of the fire but the tearing down of a whole block
of houses on one of the streets leading from the
Square. Five entire blocks of the business portion
of the city were destroyed — involving a loss of about
a million of dollars. To sIk.w the amount of enter-
prise and energy existing in San Francisco, no better
opportunity is afforded than to look at the state of
things in that city, ten days after the fire. We extract
from the Alta Californian of the 15th of May, the
following remarks :

*^TnE Burned District. — Intimately as we are
acquainted with the predominant spirit of energy and
enterprise of our city, we have almost wondered at
the rapidity with which the burned district is being
again built up. It exceeds the speed with which the
work was accomplished after the December fire.
Already, in Portsmouth Square, the Bella Union and
St. Charles, houses of public resort, are opened and
hourly thronged. In Washington Street, two dry
goods stores, ' La Amarilla' and Juan Cima's, are
opened and stocked, and on both sides of the way

220 HISTORY OF CALIFORNIA.

buildings are nearly completed, and will be ready for
occupation by the latter end of this week. In fact,
the ruins are more than half covered over, and except
that the new edifices are not of so elegant a character
or so substantially built, even, as previously, they will
present a handsome appearance.

" The fact of the business season having now fairly
commenced, and the necessity of being alive to take
advantage of it, has materially accelerated operations.
The present busy hum created by the industrious
mechanic, will soon give way to the usual activity and
bustle of mercantile trade, and ere the departure of
the next steamer a casual observer would be scarcely
able to realize the devastation of the 4th inst. Not-
withstanding the immense amount of property de-
stroyed, which was not at all over-estimated, business
has not been so generally depressed, even momenta-
rily, as it was feared and anticipated. Our community
have risen again to the surface of the waters with
cork-like buoyancy, and the sad and gloomy faces of
the early part of last week have brightened by the
prosperous hopes anticipated in the future. Never
was calamity taken with more fortitude and philosophy
than in this city. And if to win success is but to
deserve, then those who have sufi'ered will meet with
their just reward. Nil desperandum seems to be the
popular motto, amalgamated with the David Crocket
principle, enlarged and improved. We are satisfied
that nothing can retard or check the prosperity, rapid
growth, advancement and importance of this, the prin-
cipal city and seaport of the Pacific coast. Vive
San Francisco !"

The annexed extract from the Message of the Mayor
of San Francisco gives an idea of the quantity of

HISTORY OF CALIFORNIA. 221

disease and destitution in that citv. No douLt San
Francisco is the grand receptacle for all who become
diseased in anj waj at the mines or other places in
the interior ; and this may serve to account for the
extraordinary statements contained in the Message —

" During the last nine months, an expense of eighty
thousand dollars has been incurred for the support of
the sick and destitute, who have been thrown penniless
upon our shores, and found friendless and homeless in
our streets, and for the burial of those who have died
without sufficient means to defray the expenses of
interment. If these enormous expenditures are con-
tinued, (and it is evident from the rapid growth of the
population, that they must seriously increase, unless
some new system is adopted,) it will readily be per-
ceived that a very large portion of the revenue of the
city will be absorbed in defraying the expenses of the
hospital department alone. Something therefore must
speedily be done to remedy this great drain upon the
public purse."

As an indication of the vast increase of the com-
merce of San Francisco, it is stated that, in six days
in the month of May, 1850, there arrived at that port
seventy-six vessels, freighted with cargoes to find a
market there. Several large steamboats have been
put upon the Sacramento and the Bay of San Fran-
cisco, and they are reaping extraordinary profits. The
trip from San Francisco to Sacramento City was, a few
years ago, a work of some days, but it is now per-
formed in less than nine hours.

The reports from the mines continue to be of the
most favorable character. Gold has been discovered
upon Trinity River, about two hundred miles north of
Sacramento City, and the digging has proved to be

222 HISTORY OF CALIFORNIA.

equal to chat of any of the other placers. The mouth
of the river, which empties into Trinity Bay, has been
surveyed, and, being considered a very good harbor,
a town has been projected, to be situated upon the
sliore at the mouth of the river. Rich diggings have
been opened near Mariposa, and on one occasion, a
mass of gold and quartz, weighing fifty pounds, was
taken from them, and sold for sixteen hundred dollars.
Several important discoveries have been made on the
Mokulumne River. Out of one hole, three men, in two
days, took the sum of four thousand dollars. It is
thouf'ht that more bullion will be obtained during the
dry season of the present year, 1850, than has been
received since the commencement of the gold-digging.
This seems to falsify the predictions of some persons,
that the gold region would be speedily exhausted.

The following is an account of some bloody trans-
actions upon the North Fork of the American River.
We extract it from the Pacific News of May 15th,
1850:—

" About two weeks ago, a party of Indians came
stealthily upon a few miners who were sleeping after
their work was over in their tents on the North Fork,
some twenty miles above Auburn. Before the Indians
gave any warning to the whites of their presence, they
killed two, wounded another, and then succeeded in
making their escape. On Friday of last week, a
trader, who was travelling with his team, was sur-
rounded by Indians when about fifteen miles above
Auburn. The arrows from their bows took effect up-
on his person, and he only saved his life by a preci-
pitous flight. They carried off his coat which he left
in his wagon, with $600 worth of gold dust in the
pocket. They also robbed his wagon of several valu-

HISTORY OF CALIFORNIA. 223

able articles. Upon receiving news of this attack at
Auburn, a number of men set out on horseback, in
pursuit of the Indians. They overtook them in a
valley not far from Auburn, and found a large party
of them drawn up to meet them. The Indians were
armed with bows and arrows and had one gun. The
whites attacked them, and soon put them to flight.
The Indians left a considerable number of dead be-
hind them, and it is supposed that they carried off
many more. Two of the whites were Avounded with
the arrows of the Indians, but not fatally.

"It is believed by many of the miners that there
are white men among the Indians, inciting them to
hostilities. It is pretty certain that a German doctor
has been leading them on in their attacks. A meet-
ing was held at Auburn, last Monday evening, to
raise a company of volunteers for the purpose of
scouring the country, and making war upon the Indians
wherever found, so long as they maintain a hostile
position, and a number of men were enrolled."

A portion of the Indians of the eastern part of
California have always manifested their hostility to
the whites, and have taken numerous occasions to
wreak their vengeance upon those whom they consider
the invaders of their country. But the pursuit of
such a course will only hasten their own destruction.
They are in no condition to contend with the whites,
and their proper course would be to conciliate those
whom thev cannot resist. The followino; account of
an exterminating expedition against the Indians is
from the Alta Californian of the first of June. To
our thinking, the punishment far exceeded the offence,
and the officer who gave the order for extermination,
is culpable in a high degree.

:iJ

224 HISTORY OF CALIFORNIA.

" We have received particulars of the recent slaugh--
ter of a large body of Clear Lake Indians by an expe-
dition sent out against them from the United States
garrisons at Sonoma and Benecia. The tribe that
incurred this terrible punishment, comprises the natives
of Sonoma and Napa valleys, and has maintained, in
general undisturbed peaceful relations with the white
settlers of that section of California. Last summer,
however, a stubborn family Indian offered an indignity
to the wife of one Kelsey, who had resided in the
country some nine years, for which he was taken be-
fore a magistrate and sentenced to receive one hundred
lashes. After this punishment, on the same day, we
are informed Kelsey, sought the wretched offender,
and laid him dead at his feet, shootinir him in the
presence of several gentlemen, who remonstrated with
him on the barbarity of the deed. This man Kelsey
was afterwards murdered, as was also a brother-in-
law, by the Indians of the neighborhood. Since then
repeated acts of violence have been visited upon the
natives, and our readers will remember the accounts
which we published a few months since, of outrages
committed in Sonoma and Napa, by a party of despe-
rate white men. The Indians were driven to the
mountains, and subsequently made depredatory incur-
sions upon their old masters, driving away cattle, and
indulging their natural propensity to steal. Com-
plaints were made, — doubtless the accounts of their
conduct highly colored, — to the garrisons of Benecia
and Sonoma, and on the 1st of the month an expedi-
tion was fitted out against them, composed of a detach-
ment of infantry, and a company of dragoons, under
command of Lieutenant Davidson, (seventy-five in all,)

1

HISTORY OF CALIFOPtNIA, 225

witli orders to proceed against the Clear Lake Indians,
and exterminate^ if possible, the tribe,

"The troops arrived in the vicinity of the lake,
and came unexpectedly upon a body of Indians num-
bering between two and three hundred. They imme-
diately surrounded them, and as the Indians raised a
shout of defiance and attempted escape, poured in a
destructive Jireindiecriminateli/ itpoji men, icomcix, and
children. ' They fell,' says our informant, ' as grass
before the sweep of the scythe.' Little or no resist-
ance was encountered, and the work of butchery was
of short duration. The shrieks of the slaughtered
victims died away, the roar of muskets then ceased,
and stretched lifeless upon the sod of their native
valley were the bleeding bodies of these Indians —
nor sex, nor age was spared; it was the order
of extermination fearfully obeyed. The troops re-
turned to the stations, and quiet is for the present
restored."

Here is the account of more Indian troubles.

*' Fight with the Sacramento Indians. — Trea-
ty.— In consequence of depredations of the Indians of
the Sacramento valley and outrages committed by them,
General Thomas J. Green, 1st Division, State Militia,
ordered out two companies of Mounted Volunteers,
under command of Captain Allgiers and Captain
Charles Hoyt, and marched from Oro, on the 17th of
May, in the direction of Deer Creek. On the same
day Lieutenant Bell, of Captain A.'s company, with
ten men, encountered a large number of Indians,
killed five, and took six prisoners.

" On the 18th the command scoured the country in
the region of Deer Creek and Bear River. On the
19th, the trail to Colonel Holt's mill, where he was

15

226 HISTORY OF CALIFORNIA.

murdered, was taken, the villages found to be deserted,
and the white settlement abandoned.

" On the 20th, the Indians, two or three hundred
stronsr, were discovered wathin two miles of Bear
River, upon an elevated conical hill. An engagement
took place, in which eleven Indians were killed and a
number wounded. About fifty of the state volunteers
were engaged. None were killed, but Captain Hojt,
Lieutenant Lewis, and Mr. Russell wore wounded.
Major Frederick Emory (brother of 3Iajor Emory,
United States Topographical Engineers of the bound-
ary Commission,) was accidentally shot through the
thigh with a rifle ball. He was aid-de-camp to General
T. J. Green.

'• On the 2oth, the Indian Chiefs Weimer, Buckler,
and Pooliel, came in, by permission, and entered into
a treaty of peace between the three tribes, severally
represented, and the State of California and Govern-
ment of the United States. The treaty is sensible
and comprehensive."

In tlie following, among other interesting intelli-
gence, will be found an account of that which was
expected long before it occurred — the resistance of
some of the numerous body of foreign gold-seekers
to the tax imposed upon them. The license tax is
certainly a just one ; but the foreigners presumed
upon their number and strength, that they had power
suflicient to resist its imposition. The easy exci-
tability of the Americans, upon any subject connected
with their own soil is well known ; and it is exceeding-
ly strange that a serious collision did not take place.
We extract from the Alta Californlan, of June 1st,
1850.

The Alta Californian has letters from Stockton to

HISTOPwY OF CALIFORNIA. 227

May 22(1. On the Tuolumne, but little gold digging
has been effected since last fall along the banks. The
gold is under water, and preparations were making
by companies to dam the streams to get at it. This
work has been actively going on for five or six months.
There is want of men at this kind of work, and eight
or ten dollars a day is readily obtained. The dig-
gings at Jamestown, Sonora, &;c., have been partially
deserted on account of new diggings discovered at Co-
lumbia, three miles from Sonora, at the last accounts
some two thousand persons had collected there, and
town lots were selling at high prices.

Sonora is growing very rapidly, being in the centre
of an extensive mining region. It is likely to be next
to Stockton in size and importance. Discoveries of
rich placers have been made in its vicinity lately;
some of the richest holes at Columbia are thirty, forty,
and fifty feet deep. A serious difficulty has broken
out at Sonora. A number of foreigners refused to
comply with the law taxing them for the privilege of
working the mines, A time was fixed by the collector
to summon a posse of American citizens to prevent
them from working. The day previous to the time
fixed, the foreigners paraded with guns, &c., and rein-
forcements of Americans were sent for from the
neighboring towns. A letter from Stockton, dated
May 22d, adds :

" In the evening, the sheriff, Mr. AYork, was ac-
costed by a Mexican, who asked him if he was not an
pfficer, or the officer who intended to enforce the pay-
ment of the license. On replying that he was, the
Mexican made an attempt to stab him, when a person
standing by, named Clark, with a single stroke of a
bowie knife, nearly severed his head from his body.

22S-. HISTORY OF CALIFORNIA.

Thirty armed Americans soon arrived from Mormon
Gulch, and the whole American population were on
the alert all night.

" At last accounts there were two or three hundred
Americans at Sonora, under arms, and others were
hourly arriving. On Monday the excitement had
somewhat abated. Hundreds of the Mexicans and
Chileans were packing up and leaving for Stockton.
Many of them disclaimed having had any intention
of resorting to arms, and all were evidently more or
less frightened at the aspect of affairs. It appears
that the Mexicans who took part in the disturbance,
were led on by some hot-headed Frenchman, lately
arrived from France, of the Red Republican order.
They found, however, that the majority of the Span-
iards were not disposed to join them, and it is sup-
posed that the whole affair will blow over without any
very serious consequences. The affair will probably
be a severe blow to business, for the present, in So-
nora."

The Stockto7i Times has a letter from Sonora, giv-
ing the details of this difficulty. The foreigners said
they were willing to pay four or five dollars per month,
but that the amount demanded was utterly beyond
their power to pay. They made this statement at an
interview with the Governor. The letter goes on as
follows :

"During the discussion, an American who wished
to get out of the crowd, began elbowing his way from
the place where he stood, when a Mexican or Chilian,
in front of him, drew a pistol. In a moment a dozen
revolvers were out, and a precipitate retreat was made
by the foreigners. No shot was fired, but the Mexi-

HISTORY OF CALIFORNIA. 229

cans were alarmed, and the town was cleared in five
minutes. Our peace now seemed threatened by about
five thousand men outside, and no inconsiderable
alarm was created in town. The citizens armed them-
selves, and expresses were sent to Mormon Creek and
Sullivan's Diggings, from which places about five
hundred well armed Americans arrived, and marched
throuo:h the streets with ffuns and rifles on their
shoulders. The demonstration was sufllcient ; the
crowds in the vicinity soon dispersed, and quiet was
restored. The only thing to be feared, is the mis-
guided zeal of our own citizens, who although gene-
rally sympathizing with the discontent occasioned by
the unjust tax, are incensed that the foreigners should
presume to take the law into their own hands, and
may not be willing to allow the afiair to rest where
it is.

A serious afi'ray took place this afternoon, in which
a Mexican was seriously wounded. A man was
noticed parading the streets with two or three pistols
and a knife in his belt ; the man was intoxicated, and
the sheriff arrested him, or rather took his arms from
him. While in the act, a Mexican came up behind
and made a stab at the officer with a large knife. The
murderous inten-t was frustrated by a bystander, who,
with a bowie knife, struck the man, wounding him
severely. Mr. Work, the sheriff, was happily un-
touched.

This state of affairs, if allowed to last, will ruin
the prosperity of the whole southern mines, and your
own town of Stockton will be the first to suffer
thereby.

Monday^ May 20. — A guard was kept up all last

20

230 HISTORY OF CALIFORNIA.

niglit, but every thing was quiet, and as I said yester-
day, I believe the danger, if any was to be appre-
hended, had passed away. But the excitable feelings
of the hundreds of Americans now under arms had to
be indulged, and hearing that a camp, mostly com-
posed of foreigners, situated about seven miles from
Sonora, had mounted Mexican, Chilian, and French
flags, (what truth there is in the report, I know not,)
they have started out this morning to avenge the in-
sult, and chastise the temerity of the "greasers" and
"outsiders." I sincerely trust there will be good
sense enough in the party to refrain from wanton ag-
gression.

Gov. Burnett has sent Hon. John Bidwell and Judge
H. A. Schoolcraft in charge of the block of stone con-
tributed by California to the Washington Monument.
It is thus described :

" This block of gold-bearing quartz, is from the
Mariposa diggings, near Fremont's mines, and weighs
about one hundred and twenty-five pounds. In shape
it is irregular, approaching a square, its sides varying
from eighteen to twenty inches in length. It averages
in thickness nine inches — across its face diagonally it
is twenty-one inches by measurement. Very little
gold is perceptible to the naked eye, but it is estimated
to contain about eighty dollars worth."

Since the above events were recorded, another most
disastrous fire has occurred in the city of San Fran-
cisco. It broke out in the Sacramento House, situated
in the wealthiest portion of the city, on the 17th of
June, 1850, at eight o'clock, A. M., and in the short
space of three hours, about two-thirds of the wealthiest
district was consumed. The shipping in the harbor

' HISTORY OF CALIFORNIA. 231

was only saved hj the greatest exertion. The entire
loss is estimated at from three to four millions of
-dollars. This event occuiTiug so soon after the pre-
vious fire, has had a depressing and gloomy effect upon
the business operations, not only of San Francisco,
but of Sacramento City also. Many of the heaviest
trading houses have been entirely ruined ; and others
brought to the verge of it. Several individuals, includ-
ing the Mayor of the city, distinguished themselves
hj their noble and generous exertions to arrest the
progress of the fire and save property.

The emigration to California bv way of the over-
iand route is six times as great during the present
year as it was ia 1849. The last company left Coun-
cil Bluffs, on the 15th of June. They brought up the
rear of near four thousand wagons, ten or twelve
thousand persons, and about twenty thousand head of
horses and cattle. The continued success of the gold-
diggers and the extraordinary prospect in regard to
the quantity that will be obtained during the mining
season of 1850, serves to keep up the excitement and
to allure the emigrant to the golden land-
There is a prospect that the seat of government of
California will be removed from San Josd to the pro-
posed new city of Yallejo, about twenty miles above
San Francisco, near the Straits of Carquinez, and at
the junction of the Napa and San Pablo Bays.
The new city has already been surveyed, and a
company of influential capitalists organized, with the
determination to "go ahead," whether the capital Ls
or is not established at this point. The site no doubt
presents many advantages for a large commercial city,
cot possessed hy San Francisco. The distance from

J

■

232 HISTORY OF CALIFORNIA.

the "Golden Gates,'* (as the entrance from the PacijSc
to the succession of bays connected with the harbor
of San Francisco is termed) is about the same as San
Francisco. The harbor is one of the safest and most
commodious in the world, and the commissioners
appointed by the general government to make surveys
and decide upon the best location, have to recommend
Mare's Island, half a mile from Yallejo, as the naval
depot of the United States in California. The climate
of Vallejo is delightful, and the place is never sub-
jected to those strong and cold northerly winds which
render San Francisco so disagreeable as a residence
and so dangerous as a commercial city* There is
plenty of marble for building purposes in the immediate
vicinity of Vallejo, and plenty of limestone at a con-
venient distance, and easily obtainable. The new
city will command a most beautiful view of San Pablo
Bay and of the country adjacent, and the Napa valley
(through which the Napa River flews, and near the
mouth of which the city is located,.) and the Sonoma
valley in the vicinity are among the most fertile in
California. Near Vallejo are also mineral springs,
possessing similar properties, and said to equal the
celebrated Congress Springs at Saratoga.

HISTORY OF CALIFORNIA. 283

CHAPTER XIII.

THE MINERALOGICAL AND OTHER CHARACTERISTI'.^ OF
GOLD, AND THE MODE OF DISTINGUISHING IT WHEN
FOUND ; TOGETHER WITH THE ASSAY, REDUCTION,
AND REFINEMENT OF GOLD.

For the purpose of presenting all that is connected
with that precious metal, that has built up a state
within a few years, and of making the reader fully
acquainted with all that is necessary for the gold-
seeker to know, we will now describe, in some detail,
the natural history, character of gold, and the mode
of determining its presence and value.

Gold invariably exhibits something of the peculiar
yellow color which it is known to possess in a pure
state ; but this color is modified by various metals
with which it may be mixed. Thus it may be described
as having various shades of gold-yellow ; occasionally
approaching silver-white, occasionally resembling
brass-yellow of every degree of intensity, and even
verging on steel-gray in some specimens from South
America.

The lustre of gold is highly metallic and shining,
and owing to the small amount of oxidation at its sur-
face, it preserves its shining lustre even after long
exposure in contact with other substances. Thus the
shining particles are often seen in sand when the
quantity is barely sufficient to repay the cost of work-
ing, notwithstanding the value of the metal. Even

20*

234 HISTORY OF CALIFORNIA.

however, if the surface is dull, the true color and appear-
ance are easily restored by rubbing, and when polished
it takes a very vivid lustre, which is preserved for a
long time in the atmosphere.

Although in the division which has been intro-
duced into gold-yellow, brass-yellow, and grayish-
yellow, native gold seems with some slight modifica-
tions to agree with the geological relations of its
varieties, yet this mode of arrangement deserves little
serious notice. The gold-yellow varieties comprise
the specimens of the highest gold-yellow colors, though
there are some among them which have rather a pale
color ; they include most of the crystals and of the
imitative shapes, in fact the greater part of the species
itself. The brass-yellow native gold is confined to
some of the regular and imitative shapes of a pale
color (which is generally called brass-yellow,) and, as
it is said, of a less specific gravity than the preceding
one ; but this docs not seem to have ever been ascer-
tained by direct experiment. The grayish-yellow
native gold occurs only in those small flat grains which
are mixed with the native platina, and possess a yellow
color a little inclining to gray ; they are said to have
the greatest specific gravity of them all. The real
foundation of this distribution seems to be the opinion
that the first are the purest, the second mixed with a
little silver, and the third with platina. It is n^t
known whether the latter admixture really takes place,
but it is certain that several varieties of gold-yellow
native gold contain an admixture of silver.*

In color and lustre, inexperienced persons might
mistake various substances for gold ; these are chiefly

♦ Mobs' Mineralogy, by Ilaidinger, vol. ii. p. 438.

HISTORY OF CALIFORNIA. 235

iron and copper pyrites, but from tlicm it may bo
readily distinguished, being softer tlian steel and very
malleable ; whereas iron pyrites is harder than steel,
and copper pyritel is not malleable ; for although the
latter mineral yields easily to the point of a knife, it
crumbles when we attempt to cut or hammer it, whereas
gold may be separated in thin slices, or beaten out
into thin plates by the hammer. There can thus be
no possible difficulty in distinguishing these various
minerals in a native state, even with nothing but an
ordinary steel knife. From any other minerals, as
mica, whose presence has also misled some persons,
gold is easily known by very simple experiments with
a pair of scales, or even by careful washing w4th water,
for gold- being much heavier than any other substance
found with it (except platina and one or two extremely
rare metals,) will always fall first to the bottom, if
shaken in water with mud, while mica will generally
be the last material to fall. This is the case,
however fine or few the particles of either mineral
may be.

Gold therefore can be distinguished by its relative

weight or specific gravity, and by its relative hardness,
from other bodies which resemble it. It is described
generally as soft, completely malleable and flexible,
but more accurately as softer than iron, copper or
silver, but harder than tin or lead. It is useful to
know facts of this kind, as a simple experiment that
can be made with instruments at hand, is often more
valuable than a much more accurate examination
requiring materials not immediately available. Thus
if it is found that a specimen (perhaps a small scale or
spangle) is readily scratched by silver, copper or iron,
and scratches tin and lead, it may, if of the right

236 HISTORY OF CALIFORNIA.

color and sinking rapidly in water, be fairly assumed
to be gold.

The weight of gold, as of all substances, it is con-
venient to estimate relatively, and in comparison with
the weight of an equal volume of water. The relative
weight, or specific gravity, as it is called, of gold, is
remarkably high, the lightest varieties being twelve
times heavier than water, and pure gold nineteen
times. This is expressed by saying that the specific
gravity of native gold is 12 — 19, and the number
determined by comparing the weight of the mineral in
water and air.

As the value of gold depends almost entirely on its
specific gravity, and this test, therefore, is of the
greatest practical importance, it will not be out of
place if we here explain some very simple apparatus
for the determination of this point.

If the specimen then is large enough to be sus-
pended conveniently by a thread, weigh it first in air
by a fine balance, expressing the result in grains, and
taking care previously to remove dust or loosely adher-
ing particles. Then suspend it by a horsehair from
the scale-pan (it is convenient to have a hook attached
to it for this purpose,) and thus suspended, immerse
it and re-weigh it in water, taking care that it is
covered on all sides by at least half an inch of water,
and carefully brushing ofi" with a feather any bubbles
of air that adhere to the surface. The results may
then be noted as follows : —

Weight of substance in the air in grains ....

Deduct weight of ditto in water

Difference . , .

This result gives the weight of a bulk of water

HISTORY OF CALIFOEXIA. 237

equal to that of the specimen, and by dividing the
weight of the specimen in air hy this number, the
Fpecific gravity is obtained.

r, .f, . 'wei;iht of substan *o in air

Specific gravity . , ^ ^- , , y. — 7; :

^ o ./ weigtit ui equal bulk 01 water

If, however, the substance is in the foim of fine
sand, or very small lumps, it Ls better, after weighing
it carefully, to take a small dry phial furnislied with a
stopper ; counterpoise this phial accurately in the
weight-scale by shot or strips of lead, then fill it com-
pletely with pure wat m-, tnkino: 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 =

Difference (weight of water left in bottle) =

"Weight of bottle full of water in grains =
Weight of water left in bottle =

Difference (weight of water displaced |

by, and equal in bulk to, powder) j

_, .„ . weight of powder in air

The specific gravity= — r°. ^ , ' ^ — y- — ^ i

weigiit 01 water displaced.

It may be useful to know the specific gravity of
various substances at all resemblino: fjold in wciirht or

00 o

233

HISTORY OF CALIFORNIA.

appearance, and we therefore append the following
short table. The specific gravity of water is assumed
to be unity : —

Osmium . . .

. 21i

Platinum . .

. 19^ — 22 not hammered.

Iridium . . .

. 18/,

Gold . . . .

. 15| 19}

ditto

Mercury , . .

. 13}

Palladium . .

. lly'a

•

Lead . . . .

. U\

Rhodium

. . 10|

Silver . . .

. . 10

Copper . .

. . 71—8

Brass . . .

. 8^

Lead ore (galer

la) 7^

Copper pyrites

. 5

Iron pyrites

. . 4

Diamond

. . 3^

Sand . .

. . 2i-3

By the help of this table the value of auriferous
sand may also be in some degree estimated, since, as
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 ,''5
to 18/^ ; but when much paler they may range as low

♦ A vCTy 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.

17

HISTORY OF CALIFORNIA. 239

as 12J, 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-
ojists as *'fine hacklv." This fracture indicates that
the mineral is torn 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 pejntaSj 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 pcpita 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 spaii-
gles. In nature, and when seen in veins of quartz,
gold often occurs foliated, or in leafy expansions of
extreme thinness, or in branchy (dcndrltie) 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 CALIFORXIA.

circumstances in methods tliat will he alluded to in a
future chapter. In pepitas a^nd 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,'*

Locality.

Gold. , Sllrer.

Auriferous sand of Schabrowski, near Kathe-

rinenburg, Siberia (G. Rose).

Boruschka, near Nijny-Tagilsk, Siberia (Rose)-

Brazil (Darcet)

Beresovsk, Siberia (Rose) -

Sand near Miask, Siberia (Rose)

Bogota (Boussinctault)

Washings near Miask, Siberia (Rose)

Gold of Senegal (Darcet)

Auriferous sand, Nijny-Tagilsk, Siberia (Rose)

Trinidad gold, (BoussingaiUt)

Transylvaniau gold (Ditto)

Mine of Sinarowski in the Altai (Rose)

}

98-76 0-16

94-41
94-00
93-78
92-47
92-00
89-35
86-97
83-85
82-40
64-52
60.08

5-23

5-85

5-94

7-27

8-00

10-65

10-53

16.15

17-60

35-48

38-38

Copper.

0-35
0-39

0-08
0.06

0.33

Iron.

0-05
0.04

0-08

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 occasional] v found in Siberia, and known under
the name of elcctrum. Its color is pale brass-yellow,
passing into silver-wliite. It occurs in small plates
and imperfect cubes, and possesses many of the charac-
ters of gold, but it consists only of G4 per cent, of that
metal, and 36 per cent, silver. It is at once known
by its low specific gravity, which does not exceed 1 2.

Other mixtures of gold are (1) a rhodium-gold
found in Mexico, and containing 3-4 to 43 j^er cent, of
rhodium, having a specific gravity of 15i — IG'8, and
a clear, dirty yelloAV color; and (2) a paUadium-gohl
(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

21

1(5

242 HISTORY OF California.

of <]cold, because of the many readier ways of deter-
mining the metal, but it seems advisable to state the
appearances presented. All the varieties are readily
fusible into a globule, Tshich when the gold is pure, ia
unaltered by the continuance of the heat. In this
respect it differs entirely from iron and copper pyrites,
which, on being exposed to the Hame, 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 A\i!.h the addi-
tion of a little nitre. Before the oxy-hvdro<Ten 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 aqua 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 srold dust in a class 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 ;
but if pyrites or brass-filings should have been mixed

niSTORY OF CALIFORNIA, • 243

with it, the acid will hecomc turbid, green, and black,
discliartrin^'- bubbles of ffas. 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 experi-
ment be repeated till all effervescence ceases, it will
finally leave the gold dust pure-

, CHAPTER XIV.

ALDITIOXAL RECENT EVENTS.

The history of the laws of a State affords the best idea
of its social condition — present and prospective ; for
thev are framed from the necessity of circumstances
and the demands of the inhabitants. Vs e may, there-
fore, see the condition and the progress of the Cali-
fornians in their legislative 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.
Amon<^ the one hundred and forty-three acts and
joint resolutions passed, we notice the following :

To incorporate the cities of Bonecia, San Diego, San
Jose, Los Au'T^eles, 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., navigable, creatiug health

244 HISTORY or 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 limnicipal court in San
Francisco, abolishing all laws in force in the State, ex-
cept such as were passed by this Legislature, adopting
thft 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
adopted by the Legislature was the substitution of
the common law for the uncertain civil law which
existed in California when ceded to the L^nited States.
The whole legal administration will now conform to
that of most of the other States of the L'nion. 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
gold 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-
metictxlly 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 uj^on a rich deposit of gold, in a gulch 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

21*

246 HISTORY OF CALIFORNIA.

their earnings in gambling and drinking at night,
thej incautiously let out the secret, and it spread
among the whites. The latter, without scruple, took
possession of the ground, and set the Indians adrift.
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, all
scraped up in the short space of seven weeks.

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 does exist in
the vicinity of San Jose. 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 mt)st 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 Alfa Califomian, 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.
Everj 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 h/tt furnace.

Pueblo (ie los Angeles— Cifij of the Angels. So named from the fer-
tility of the soil, tlie 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;
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 decided in favor of the Indians,
an unknown personage, decorated with the most extraordinary plu-
mage, and making divers movements, suddenlj' appeared near the
combatants. The Indians were victorious, and the incognitio (Puy)
departed toward the mount. The defeated soldiers, on ascertaining
that the spirit went through the same ceremony dailj- and at all hours,
named the mount "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 Lieutenant Gabriel Mo-
raga, in a second 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 stjied was named from
the fact of three thousand skulls having been found lying on its banks
by it« early (^iscoverers. 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 butterfiy. The river was so named in 1S07, by a
hunting party of Californians, from the tact of their encampment
there having been surrounded by myriads of most gorgeous butterfiies.

Solano was so named after a celebrated Catholic missionary.

Yolo is a corruption of the Indian word " Yoloy," and means a place
abounding with rushe«.

248 HISTORY OF CALIFORNIA.

treasure, and we regard the discovery of tlie 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 wsls so designated after a §n"eat Indian chief, who made wai
so desperately against the Spaniards.

Sonoma is an Indian word, signifying valley of the 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 inliabited 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 Company 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 was
the name.

Shalta county is so styled after an Indian tribe also.

HISTORY OF CALIFOR^'IA. 2-49

week. A vast nuniLcr 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 console them for their disappointment.

The following extract from the Placer Times of
the ITth 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 durins: 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
§500 each per day. We were told that the previous

I

25 Q 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.
The length of the journey and the quantity of provi-
sions required, there being no stores in the region,
rendered an outfit rather expensive. Mules and
horses 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 lies at a
very considerable elevation among the mountains that
divide the waters of the Soutli Fork of Feather from
those of the north branch of the Yuba. The direction
from Marysviile 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 mil 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 lift 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, a man by the name
of McLelland came into Marysviile on the 17th, with
$7000, the result of four days' labor at Gold Lake.

niSTORT OF CALIFORNIA. 251

"WTiatcvcr may be the truth of the reports, there is no
doubt of one thing — the whole population of Marjs-
ville and its vicinity have become infected by the news,
and are taking up their march thitherwards in crowds.

The Transcript speaks rather doubtiugly 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 Dorado. 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 Gold 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 deep — " six feet" — and but little gold.

The following extract from the Placer Times, is the
most positive information within oui' 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 IIISTOKY OF CALIFORNIA.

tion of a country j mnt. Tt 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, it is 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 Lake, 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. 2t>3

" Of course tlie most extravagant anticipations are
founded on tlie result of this work, induced •bv 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
penetrated."

The Yuba River is destined to be thoroughly rifled
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 season, 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 HISTORY 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 families
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 region 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 creat influence on California aff*airs. This is the
discovery of the existence of abundance of gold in
Oregon territory. The discovery created great ex-
citement through the various cities and towns of
Oreiron, and the northern towns of California. That
which is exhibited, shows an entirely different charac-

niSTORY OF CALIFOIINIA. 255

tcr 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
emifcration from the Atlantic States than she had
before, and 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 territories will operate
for the benefit of both, and only tend to increase the
quantity of emigration.

CHAPTER XV.

A GENERAL VIEW OF CALIFORNIA AT THE PRESENT TIME.

We have followed the narrative of the events in the
history of Californi<a 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 wealtli 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 rccjuire for an infancy.
We have also considered her soil, climate, productions,
and population, and exhibited each subject as fully as

256 HISTORY OF CALIFORXIA.

our information -svarranted. But in order to give a
clear conception of the general character of Califor-
nia and her resources and capabilities, and to enable
the reader to obtain an idea of the brio-ht future to
which she is destined, we have concluded to add
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 country
has become thoroughly American in its government
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 public education. The power and capability of the
people to rule themselves has been recognized in the
matter of electing nearly all the officers of the govern-
ment— including the judges of the various courts over
which the State has control. The Lemslature, in the
course of a laborious session, has abolished the old civil
law which ruled the country under the ]\Iexican 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 policy. 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 CALIFORNIA. 257

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 doinf's of Conojress. The state of feeling on the
subject is clearly stated in one of the California papers ;
and it is worthy of attention. AVe extract it.

''Shall California be Admitted? — "VVe 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 ai\ open refusal to admit us as equal sharers in the
benefits, as we are of the bui-dens 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. Tliis is the uni-
versal sentiment of one hundred thousand citizens of
this 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 been sent here, but his power to put into

22*

17

258 HISTORY OF CALIFORNIA.

successful operation a tliorough 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
is none. And now a sentiment 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
unintelligibllities of the Mexican code. Under it, she
would still belaborinsr, had the action of Conn^ress been
awaited. Neither to this state of vassalage to institu-
tions foreign to the habits and education of her citizens,
nor to a second 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

L

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 offer
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 pros-
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 their laws, a view of the character of society in
California, in many particulars, but there are others
which require farther 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 Fpcculation ; 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 Parifj ; the coarse-looking German, with
a lively conception of the wealth of the country, and
a deep consideration of tlie means of gi'asping a goodly
share of it ; the half-Spanisli native of California, with
his love of indolence, and easy of satisfaction ; the

260 HISTORY OF CALIFOEIflA.

Chilian, with the ferocity and the cowardice of the
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 foreigners 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. AVith 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
adohe houses of the Californians, is singular, and
seems as if the old dead looking trunk of the tree
had suddenly sent out new branches full of life and
freshness.

All the \'ices 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
law shall be supreme throughout the gold region.

The principal thing which has contributed in some
degree to influence the prospect aTid 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 certainly a just one,

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. Ccr-

HISTORY OF CALIFORNIA. 263

tain 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 through it, but all the towns along the coast have
felt the impulse, and have become the seat of a trafiBc
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
suSered 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 OP 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 Jos(), and Sutter are each
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-

' DO

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 Josd,
near Pueblo San Jos(5 ; San Juan, Santa Cruz and
Carmel, near Monterey ; Soledad, San Antonio, and
San Miguel, in the valley of Salina River ; San Luis
Obispo, La Purisima, Santa Ynez, Santa Barbara, and
San Buenaventura, near Santa Barbara ; San Gabriel
and San Fernando, near Los Angeles ; and San Luis
Key, San Juan Capistrano and San Diego, on the
coast, south of Los Angeles.

The wealth and power of these missions have fled,
and they are all, more or less, in a 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
arc still existing, and the picturesque appearance of

23

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 waj 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 Pacific News^ the Courier, and the Placer Times.
The three first are pubhshed 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 diiferent 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. It
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-
Bequencc. They should be induced to relinquish their

268 HISTORY OF CALIFORNIA.

claims to the soil of California as far as the Sierra
Nevada, 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
State, 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 the
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 it in 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 upo*n reaching the edge of the har^ 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
blood and overcome ; while the other two attempted
to escape by crossing the fork, one succeeding in
reachinjx the other side, but both finallv 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 ranchcria.

"Accordingly, on the IGth 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
enormous 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, a long 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 Chilians,
with a number of their peoneSj 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

23*

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 Cuiloma 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 Koss, 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 each 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 believed 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 tlie 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 HISTORY OF CALIFORNIA.

from his distant height, to gaze after his companicns,
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
sackcloth 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 raore, 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 guilty among the Indians, and not
by an indiscriminate 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 to a 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
Gorgona, 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 CALirORNIA. 273

number to lower the price of travel and decrease the
delay.

The facilities of intercourse between California and
the States east of the Rockv Mountains will tend to
cement her to the Union bv all the ties of trade and
mutual interest. The people of that State, being at
80 great a distance from the rest of the States, would
seem to be alien to 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 vessel —
annihilate 'distance, and will be the means of attaching
the Californians to the confederacy. In her union
with the other States, there is her 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 ? "Where 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 suffi-
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 to her admission into the Union, with
her present boundaries. But it is of little weiglit at .

IS

%

274 HISTOHY 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 admitted 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 arc shown along the feet of these
mountains, 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 to California.

-I'—

/

HISTORY OF CALIFORNIA. 275

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 Tth 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.

NATURAL HISTORY OF CALIFORNIA.

A DESCRIPTION or history of California would
scarcely be complete without some account of the
animal and vegetable life, native to the country ; and,
happily, the information upon the subject is copious
and accurate. The travels and the observations of
Fremont, Emory and others, have developed com-
pletely the character aud extent of the Californian
vegetable kingdom, and some features of it, particu-
larly the great pine forests, have been the theme of
general admiration among the tourists. Respecting
the various species of beast, bird, fish and reptile,
that belong to the country, we have not so full or

276

HISTORY OF CALIFORNIA.

exact information ; but sufficient to make the subject
interesting, and to satisfy the desire for general in-
formation. ^Ye shall begin with the animal kingdom.
The Grisly Bear, Ursus Ferox, is the largest, most
formidable and most ferocious animal in the country
— and, indeed, in North America. Numerous and
almost incredible stories are related of its great
strength and courage. Specimens are to be met with
measuring four feet in height, and weighing from five
hundred to one thousand pounds. Unlike the other
kinds of bear, this species never climbs trees. His
habits are solitary, and although a terrible foe to
meet, he seldom becomes the aggressor against man.
When his favorite flesh is not to be obtained, he will
eat vermin, berries, and roots, in digging for which
he frequently overturns fallen timber which a yoke of
oxen could scarcely move. On account of the imper-

BLACK BEAR.

fection of their weapons, the Indians seldom venture
to attack this animal ; and whenever one is killed by
them, the occasion becomes a matter of great rejoic-
ing, and the fortunate victor becomes a man of conse-

HISTORY OF CALIFORNIA. 277

quence at once. The flesh of the grisly bear is by
no means food to be despised, and the skin forms a
comfortable couch for the hunter.

Besides the Grisly Bear, there are other species of
the bear race to be found in California. The common
Black Bear is two well known to need a description.
The American barren ground bear, is of a lighter
color than the common bear, and in its habits, espe-
cially in regard to its food, it resembles, in a great
degree, the brown bear of Norway. It feeds princi-
pally upon fish. The great Polar Bear often makes
his appearance on the extreme northern coast of Cali-
fornia, but cannot be considered as a California animal.

POLAR BEAR.

The Glutton, or Wolverine, which partakes of the
nature of the bear, the fox, and the weasel, is well
known to the beaver trappers, by the constant annoy-
ance to which it subjects them, in devouring their
baits, and destroying their traps. It is a savage,
sullen creature, and though not formidable to man, it
preys upon small animals, and even the deer. Stories
are frequently told of the manner in which the wolve-
rine entraps the deer, and makes them his prey — by

24

i

278 HISTORY or California.

climbing to a branch of a tree, and letting down
moss, upon which the victim comes to feed, and is im-
mediately mounted by the Glutton, which never ceases
its hold until the lacerated deer falls to the ground.

THE WOLF.

Several species of Wolf are found in California,
and in some parts they are very numerous. The
Common Wolf, the Gray Wolf, Dusky Wolf, Black
Wolf, and the Prairie Wolf all abound in different
portions of the country.

Of Foxes, the most common is the American Red
Fox [Canis Fulvus). The Red Fox has a much finer
brush than the European, and is altogether a larger
animal. The fur of the body is full, long, soft, and
of a bright rufous brown ; the skin is therefore valued
as an article of trade, and about eight thousand are
annually imported into England from the fur coun-
tries, where the animal is very abundant, especially
in the wooded parts. It is not, however, confined
to the colder latitudes ; its range, in fact, extends
throughout the whole of the United States. In habits
and manners the Red Fox agrees with our common
Reynard, but possesses neither the same wind nor the
same vigor and power of endurance.

HISTORY OF CALIFORNIA. 279

^^It runs," says Dr. rtichardson, ''for about a
hundred yards with a great swiftness, but its strength
is exhausted in the first burst, and it is soon overtaken
by a wolf or a mounted huntsman." Foxes of various
gradations of color, termed Cross Foxes, are common
in the fur countries of North America, These are
considered by Dr, Richardson, and most naturalists,
to be varieties of the Red Fox, and such is the opinion
of the native hunters, than whom none are more like-
ly to possess accurate knowledge on such points. The
ordinary Cross Fox is distinguished by a gray fur
mingled with black, which latter color prevails over
tlie shoulders. A rarer and more valuable variety is
the Black or Silver Fox {Cams Fulvus, var. argen-
tatus). Dr. Richardson states that seldom more than
four or five of this variety are taken in a season at
one post, though the hunters no sooner find out the
haunts of one than they use every art to catch it,
because its fur fetches six times the price of any other
fur produced in North America. This fox is some-
times found of a rich, deep, glossy black, the tip of
the tail alone being white ; in general, however, it is
silvered over (** sable silvered"), the end of each of
the long hairs of the fur being white, producing a
beautiful appearance.

The Racoon {Procyon Lotor) is found in California.
As this animal, though often mentioned, is not often
seen, we will describe its habits. In size, and in the
colors of its fur, it bears some resemblance to the
foxes, but this resemblance does not extend far ; the
hairs are white in the middle, and black at the roota
and the points, which produces a kind of gray re-
sembling that which covers what are called the black
and silver foxes ; the tail is deep russet, surrounded

1

I

280 HISTORY OF CALIFORNIA.

by four or five rings of black ; the under parts of the
body are whitish, and so are the feet and the face,
•with the exception of a black band, which begins near
the eye, and extends down the side of the neck ; the
claws have more the character of digging than of pre-
hensile claws ; the soles of the feet are fuiTiished with
five elastic tubercles upon each, one near the heel,
one at the base of the thumb of the first toe and of
the last toe, and the remaining one between the basis
of the two middle ones, which toes are longer than
any of the others ; notwithstanding that it is partially
digitigrade, and does not apply the whole length of
the foot at every plant, the racoon is rather a clumsy
walker, and their gait may be described as being
heavy compared with the true digitigrade animals,
though it is light as compared with that of the bears.
They can readily stand erect on their hind feet, and
lay hold with their fore ones ; but this operation of
grasping is not performed by the contracting of one
paw, but by pressing both together. They do not
possess the same pliability in the internal part of the
fingers as the quadrumana, but, by clasping both
paws together, they can, by this means, carry their
food to their mouth. The animals have a habit of
plunging their food in water, and then rolling it be-
tween their paws, before they devour it. Their sight
is very delicate, and they have great difficulty in
distinguishing objects in the bright sunshine, or any
other strong light. In the daytime they generally
remain inactive, seated on their posteriors, with the
head reclining between the thighs, thus presenting
the appearance of a ball; but, in the night, they
evince considerable activity in roaming abroad in
quest of their food, which consists of worms, insects,

HISTORY OF CALIFORNIA.

281

fruits, and the roots of plants. They move about in
all directions on the surface of the earth, searching
the most minute and unfrequented holes and corners
in quest of these ; and they also climb trees with great
dexterity, for the purpose, no doubt, of robbing and
plundering the nests of birds. They are particularly
fond of drinking water, -which they do by sucking it
up into the mouth, and there is no necessary of life
on which they seem to set greater value, or to relish
more. They are said to frequent the banks of rivers
and the sea-shore, for the purpose of catching mol-
lusca and fishes, which are their most favourite food.
They are very delicate in the sense of smelling, but
their organs of hearing are very imperfect. Their
appearance resembles the bears more than any other
of the carnassiers. Their generally fat condition of
body, together with the thickness of fur with which
they are clothed, gives them a clumsy rotundity of
form. They have an extremely tufted tail, but it
does not appear to be employed for any particular
purpose in the economy of the animal. They are by
no means difficult to tame — soon become familiar —
and seem to court caresses ; but they do not seem to
possess the quality of attachment to their master, or
the docility to obey his commands. In order to pre-
vent them from escaping, it is necessary to keep them
chained up ; for, though captivity softens their nature
to a considerable extent, they never seem to yield up
that spirit of independence which they possess in the

wild state.

The American Badger {Meles Salvadoiroe) is found

in the northern part of California. It burrows in the

sand and is particularly strong in the fore-feet. It is

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282

HISTORY OF CALIFOKNIA.

different in aspect and habits from the Badger of
Europe.

'u.^ ^milho^^^X

THE BADGER.

The Common Weasel {3Iu8tela Vulgaris) and the
Ermine {31ustela Erminia) are both common in Cali-
fornia, as also the Mink {3fustela Vison), the Marten
(Mustela Martes), and the Skunk, {Mephitis Ameri-
cana). They are well, though not vcr}^ agreeably
known, in all parts of the American continent.

^.;^;cr^M«^^fK=^

THE SKUXK.

Among the animals of the cat kind found in
California, are the Northern Lynx [Fclis Canadensis),
Branded Lynx (Fclis fasciata), Red Lynx {Felis
rufa) and the Puma, or (Cougar Felis concolo?'); often
called by the inhabitants, says Farnham, the lion.

HISTORY OF CALIFORNIA. 283

THE PUMA.

The Puma is found both in South and in North
America, probably with some varieties of color ; and
if we are to credit some of the anecdotes which are
related of it, we should be apt to consider it as a
more formidable animal in the colder latitudes than in
the warmer. This is certainly contrary to the natural
analogies of the genus ; and some of the anecdotes
are, besides, such as cannot easily be brought within
the range even of possibility. It has, for instance,
been gravely said, that the Puma has been known to
carry the body of a man that it had killed up into a
tree. Now, in the first place, it has not been very
satisfactorily ascertained that the Puma is a climber
of trees, even when it is not loaded ; in the second
place, if this wero ascertained, it would be ^n argu-
ment against the killing of man, for the tree-cats are
chiefly catchers of birds, squirrels, and monkeys ;
. and, in the third place, notwithstanding all the mar-
vels that have been told of lions and tigers, there is
no feat at all comparable with this told of either of
them. We have heard a similar story of a common
brown bear carrying the body of a horse along a
single tree which lay across a wide and deep ravine,
in the Scandinavian forests, but we never supposed
that the tale was meant to be believed, and the feel-

284 ^ HISTORY OF CALIFORNIA.

in'T with rcirard to this feat of the Puma is much of
the same kind.

The more probable accounts represent the Puma as
attacking only the weaker animals, and as hoarding
or burying its food ; and pumas, when tamed, can be
made to play with substances in the same way as
young cats, only they are more indolent, and their
motions not so graceful. It is well ascertained that
the Puma is very easily tamed, and that, if it is fed,
it shows not the least disposition to attack any animal,
but shows considerable affection for those who are at-
tentive to it. Its general manners are more like those
of the domestic cat than, perhaps, any others of the
genus, more so even than the wild cat of Europe,
which is often, though it would seem erroneously, con-
sidered as the parent stock of the domestic. The
Puma watches for birds in the same manner, and with
the same action of the body, as the domestic cat, and
like that animal, it purrs when caressed.

Mr. Farnham says, that on the Sacramento and
San Joaquin Rivers, as well as on many parts of the
coast, the common plain Seal, {Pltoca Vitellind) is
found, and on the same rivers the Musk Rat (Fiber
Zibethicus) is often met with.

The Beaver [Castor Fiber), is another of the Cali-
fornian animals, which is much sought on account
of the value of its fur.

In an economical point of view, the Beaver is a
very valuable animal. The fur is more glossy and
beautiful than almost any other of the same fineness:
it takes a rich black color, without having its gloss
in the least destroyed ; it wears well, and is not much
subject to injury from rain ; and it very readily unites
into a strong, though light and flexible fabric, by the

,1
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HISTORY OF CALIFORNIA. 285

THE EEAYER.

operation called felting. Hats are put together bj
that operation, unless very inferior ones, in T\hich
glue is applied in supplement, -which of course spots
the hat, and refreshes with its unctuous droppings
the head of the wearer during rain ; and the fur of
the beaver has those qualities which render a much
better material for hats than any other vrhich is
known. Accordingly it was very early used for this
purpose ; and so exclusively used, when hats were
fewer and beavers more numerous, that both the
English and the Latin name of the animal became
synonymous for the article of dress. At one period it
was deemed necessary to enact statutes for prevent-
ing the admixture of any other material with the fur
of beavers in the manufacture of hats ; and at that
time the hat outlasted the wearer, and could be
washed in the same manner as a piece of woollen
cloth ; but in more modern times, owing partly to the
great decrease in the number of beavers, and partly
to the increased demand for hats, the article is so ex-
pensive that no hat is made entirely of beaver. The
body is formed of wool, and that is plated over with
beaver, which is worked fully through the body, or
*' felt," in good hats, but only very p)artially in infe-

286 HISTORY OF CALIFORNIA.

rior ones. A slioTrer takes the beaver off the latter ;
and it is not very long in wearing bare, and showing
the felt in the former.

The skin of the beaver is also used in the manu-
facture of gloves, and sometimes in that of shoes,
though in the latter case the shoe, like the bad hat,
requires a little glue to make it saleable. Even the
gloves are of very inferior quality, as the skin is
thick and very rough and loose in the texture ; so that
if it were not for the fur, the Beavers would not be de-
prived of their lives for the sake of their skins.

There is another part of the beaver which is used
in medicine, though not so largely at present as for-
merly. It is a peculiarly unctuous product, secreted
by a follicle immediately under the tail of the animal.
It has a very disagreeable smell, and nauseous taste,
but it was once in high request as an antispasmodic,
and also as producing an important and specific
action on the uterine system. It is still retained in
the Pharmacopoeia, under the name of castoreziniy or
castor. It is not our province to examine its virtues
as a drug; but we may observe that it was introduced
into medicine at a time when nostrums were held as
being beneficial, very much in proportion as they
were nasty; and to what extent this may be the case
still, is also without our province.

In consequence of these uses in the arts, the Beaver
has been hunted with great assiduity ; and some idea
of the total quantity killed in all parts which Beavers
inhabit may be obtained from the fact that, in the
year 1808, there were 126,927 taken to England,
from Canada alone.

Many stratagems are resorted to for the capture

HISTORY OF CALIFORNLV. 287

of an animal so much in request, but -we shall notice
these very briefly.

The skin of the cub-beaver is more hi^^hly prized
than that of older animals, as bein^x darker and more
glossy ; the winter season is preferred for capturing
them, on account of the superiority of their coat at 1

that time. There are various menns employed in ;

taking them. One of the ways in which they are j

captured is, by boring a number of holes in the ice, !

when they are driven from their habitations, which !

I

are then destroyed. They remain under water a i

short time (as they are incapable of remaining in
that element for any very protracted period,) then by
rising to the surface where the ice is broken, they are
easily taken. At these times many of them retreat
to the holes in the banks, where they lodge in sum-
mer ; but these vaults are soon discovered by expe-
rienced hunters, by striking on the ice with chisels,
and they select such spots for their opening.s as they
know will readily lead to the capture of their victims,
and they are seldom mistaken. Another way in
which they are taken is, to cut the ice both above
and below their dwellings, nets are then .thrown across,
and the animals are driven from their abodes and
compelled to enter the nets. It is usual, in summer,
to take them in their houses, by what is called staking
them. To effect this purpose the hunters lirst make
an opening in the roof, in order to discover the exact
position of the angle, and having adapted a number
of stakes to the opening, so as to completely blockade
it, they cover in the top, and leave tlie stakes on one
side ready for use. This done, they drive the Beavers,
by means of dogs, from all parts of tlie pond or river;
and when the affrighted and hunted animals have sue-

288

niSTOllY OF CALIFORNIA.

ceeded in reaching tlieir homes, thej again put up
their stakes before the door-waj, take off the tempo-
rary covering from the roof, and either take them in
a living state, or spear them in their habitations.
When they inhabit a sheet of water, which is merely
kept up by a dam, they are still more readily taken,
by letting off the water, and leaving their huts quite
dry. The gun is also sometimes, though not very
generally, used; and log-traps, baited with poplar
sticks, are now and then made use of to commit havoc
among them.

THE MOOSE.

The Moose or Elk {Cervus Alees) is found in CaK-
fornia. This animal is the largest of his genus, being
higher at the shoulders than the horse; its horns
weigh sometimes near fifty pounds; accordingly, to

HISTORY OF CALIFORNIA. 289

o>

bear this heavy Tveight, its neck is short and strong
taking awaj much of the elegance of proportion so
generally predominant in the deer ; but when it is
asserted that the elk Trants beauty or majesty, the
opinion can be entertained by those only who have
seen the female, the young, or the mere stuffed speci-
mens ; for we who have had the opportunity of view-
ing the animal in all the glory of his full-grown horns,
amid the scenery of his own wilderness, no animal
could appear more majestic or more imposing. It is,
however, the aggregate of his appearance which pro-
duces this effect ; for when the proportions of its
structure are considered in detail, they certainly will
seem destitute of that harmony of parts which in the
imagination produces the feeling of beauty. The
head, measuring above two feet in length, is narrow
and clumsily shaped by the swelling upon the upper
part of the nose and nostrils ; the eye is proportion-
ally small and sunk ; the ears long, hairy, and asinine ;
the neck and withers are surmounted by a heavy
mane, and the throat furnished with long coarse hair,
and in younger specimens encumbered with a pendu-
lous gland ; these give altogether an uncouth charac-
ter to this part of the animal. Its body, however, is
round, compact, and short ; the tail not more than
four inches long, and the legs, though very long,
are remarkably clean and firm ; this length of limbs
and the overhanging lips, have <;*aused the ancients
to fancy that it grazed walking backwards. The
hair of the animal is coarse and angular, breaking
if bent.

The Elk is an inhabitant of northern latitudes ; in
Europe between the fifty-third and sixty-fifth degrees,
making a part of Prussia, Poland, Sweden, Xorway,

25

19

^:^M

290 niSTORT OF CALIFORNIA.

Finland, Lapland, and Kussla. In Asia it is found
farther south, from thirty-five to beyond the fiftieth,
spreading over Tartary, and abounding in Japan, if
indeed the denomination of Elk is not misstated for
that of Rusa, or an undescribed species. In America
it resides between the forty-fourth and fifty-third de-
grees, round the great lakes, and over the whole of
Canada and New Brunswick.

Its movements are rather heavy, and the shoul-
ders being higher than the croup it does not gallop,
but shuffles or ambles along, its joints cracking at
every step with a sound heard to some distance. In-
creasing its speed, the hind feet straddle to avoid
treading on its fore-heels, tossing the head and shoul-
ders like a horse about to break from a trot to a
gallop. It does not leap, but steps without cfi'ort over
a fallen tree, a gate, or a split fence. During its
progress it holds the. nose up, so as to lay the horns
horizontally back. This attitude prevents it seeing
the ground distinctly, and as the weight is carried very
high upon his elevated legs, it is said sometimes to
trip by treading on its fore-heels or otherwise,
and occasionally to give itself a heavy fall. It
is probably owing to this occurence that the Elk
was believed by the ancients and the vulgar to have
frequent attacks of epilepsy, and to be obliged to
smell its hoof before it could recover ; hence the
Teutonic name of cleud (miserable), and the reputa-
tion especially of the fore hoofs as a specific against
the disease.

During the winter months, the Elk resides chiefly
in hilly woods, in snowy Aveather seeking the covers,
and in clear the open spaces. In summer it frequents
swamps on the borders of lakes, often going deep into

HISTORY OF CALIFORNIA. 291

the water to escape the sting of gnats, &c., and to
feed without stooping. Its usual food in winter con-
sists of the buds and bark of button-wood, spruce, and
juniper pines, birch and maple, and under the snow it
seeks stink wood {Ana</?/ris foctida) and mosses, but
this is always with difficulty, for then it is obliged to
spread the fore ^n^^ or even it is said to kneel. The
branches of trees it turns down with the horns very
dexterously; but to get at the ground we have been
assured by Huron and the Canadian hunters, when
the snow has fallen only a foot or two in depth, that
the herd, led by an old male, shovel it back, and throw
it over their heads, the snow falling on either side, as
it slides from the inclined planes of the bq^'k of their
horns ; meantime the fore feet of all are equally en-
gaged in striking it fr,om under them.

During a part of the year, the herd consists of an
old female, two adult females, two young females, and
two young males ; but during the snowy periods, at
least in America, one or more adult males are certainly
among them, very old males alone keeping aloof un-
til the rutting season, unless the winter be very severe.
Several of these families keep near each other, and
in very cold weather they seek cover together, and
remain closely pressed against each other, or trot in a
circle till they have beaten the snow down. "When
the rutting period commences, which is about the be-
ginning of September, the old males seek the females,
and expel the young, who are obliged to keep aloof
while the animals remain in heat. At this time they
will swim rivers in pursuit of the females, or after
them to remain concealed in some of the Lake Islands.
The males are then very pugnacious ; they bellow of-
ten and sink in flesh. The gravid females brinix forth

292 HISTORY OF CALIFORNIA.

about tlie middle of May, at first one, but ordinarily
two calves, of a brown red color. These are so
simple and void of fear that in the first months they
are easily taken, and if in the water, where they wil-
lingly go to avoid the flies, they will suffer persons in
a canoe to come up to them and take them by the
head vfithout appearing in the least frightened.

The dags, prickets, or incipient antlers are the first
year not more than an inch in length ; the second,
they rise to a foot ; the third, they are forked ; and
the fourth, they assume six snags and are somewhat
flattened ; the fifth year the blade is still small, but
their expansion from that time forward is uniform,
though it does not appear that the number of snags
ever exceed twenty-eight. In a very large specimen —
there were twenty- two, the length, from the head to the
tip twenty-seven inches, and from tip to tip across the
horns three feet six ; the two lower snags on either
side separated by a deep indenture ; the weight about
thirty-three pounds. Old Elks shed their horns in
January and February, and, if lean from a severe
winter, in March ; the younger later, till the month of
May. They are again completely restored in the
former by the end of June, and in the latter in
August.

Several other species of deer are found in Cali-
fornia. Among others are the Large Eared Deer
(Cervus Macrotis). This is a species, resembling the
Virginian and Mexican deer, and also in some respects
the Wapiti ; but according to the descriptions of
Harlan and Say, it is different. The upper part is
light reddish brown^ and the sides and fore part of
the nose ash color ; the back intermixed with blackish
tipped hairs, which form a distinct line on the neck

HISTORY OF CALIFORXIA.

293

near tlie head ; tail reddish-cinereous black at the
tip; this part is somewhat compressed, and almost

THE LARGE EARED DEER.

naked beneath ; the hoofs are shorter and wider thaii
those of the Virginian Deer, and more like those of
the Wapiti ; the horns slightly grooved and tubercu-
lated at base with a similar antler, as in the Virginian ;
the beam less curved forwards, is bifurcated near the
summit, again divided, the anterior of the second bi-
furcation being somewhat longer than the posterior ;
the ears very long, extend to the principal bifurca-
tion, about half the length of the whole horn ; the
lateral incisor teeth are larger in proportion to the
intermediate than in the Virginian ; eyelashes black ;
lachrymal apertures also larger, and the hair coarser,
and undulated, and compressed like that of the Wa-

orii.

HISTORY CF CALIFORNIA.

piti. The species is found in the most remote north-
western territories of the United States, and from the
context of this description it appears evident that the
Guaziipuco Deer is nearest allied to it, and that the
Guazuti and the Virginian are clearlj of the same
group. t

THE LONG-TAILED DEER.

The Long-tailed Deer {Cervus 3Iacrourus) is an-
other California animal. This species is described as
being larger than the Red Deer or Stag of Europe,
darker in color on the upper part, and having the bel-
ly white, the tail, from which it gets its specific name,
different from that of most species of deer, is about
eighteen inches in length, black on the upper part,
but with broad white margins, and carried erect when

HISTORY OP CALIFORNIA.

295

the animal runs. The horns are short and altogether
of small size and flattened, but not palmated.

The Pronghorn Antelope [Antilope Furcifur) is
another beautiful species of deer found in California.
Ifc is found chiefly in the mountain regions, where it is
often seen to tantalize the hunter bj its extreme shy-
ness and its great agility.

PRONGHORN ANTELOPE.

The Argali Ovis Montanoe is found in California, is
sometimes called the Rocky Mountain Sheep.*

By some the goat of the Rocky Mountains has been
confounded with this animal ; and it has also been
called an antelope, though it is neither the one nor the
other, but truly and properly a goat. The characters
of this species, or probably variety (for it really seems
that, notwithstanding all the diversities of the genus
Om, whether in the wild or the cultivated state, there

296 HISTORY OF CALIFORNIA.

ARGALI.

is no well made out distinction more broad than that
of variety,) are very apparent, and at once prevent
any possibility of confounding it either with the ante-
lopes or the goats, though of course, as all sheep do,
it approximates more closely to the latter of these than
to the former. The body is remarkable for its thick-
ness and roundness in proportion to its length ; the
legs are very long ; the outline of the forehead, seen
in profile, is nearly straight ; and the muzzle is almost
exactly that of the common sheep. The horns of the
male are very thick and large ; they advance in front
of the eyes, and form nearly an entire turn of a
spiral. They are flattened laterally like those of the
domestic ram, and have similar transverse furrows and
ridges. These furrows and ridges are very conspicu-
ous on the basal half of the length of the horn, but
much less so on the terminal half; and of the three
lateral faces the front one is the largest. The horns
of the female are much more slender than those of the
male ; they are compressed, nearly straight, and with-
out furrows ; there are, in some instance?, plates or
folds of skin undei: the throat, especially in the male ;

HISTORY OF CALIFORNIA. 297

the tail is very short in both sexes ; the color In sum-
mer is generally grayish fawn, with a reddish or
yellowish line down the back, and a large patch of
the same color on the buttocks ; and the under part,
and the insides of the legs are either russet, yellowish,
or of a white sand color ; in winter the color of the
upper part is more reddish, and the throat and breast
are more inclining to white ; but the patch on the
buttocks remains much the same at all seasons.

These animals are found in little flocks, of about
twenty or thirty in each, on the Rocky Mountains,
and extending southward as far as California. Several
naturalists have expressed their conviction that the
mouflon of the south of Europe, the Argali of Asia, and
the wild sheep of America, are only climatal varieties
of one great species, to which they have given the
name of '^mountain sheep ;" but whether this is or is
not positively the fact, we have no means of ascertain-
ing. Probability is in favor of it, however, and the
more so that, among the domesticated sheep, which
we have every reason to believe are all originally of
the same stock, whatever that stock may have been,
there are differences of external appearance fully
greater than any which are to be met with among the
wild ones ; and we believe that, in the whole genus,
there are no differences but external ones. Some
further confusion and uncertainty is produced among
these wild sheep by the conduct of the keepers of
museums, who have filled these with horns and other
scraps, not having any history, and which have, in
consequence, been referred to places where they are
not to be found. The great puzzle in the history of
this genus, however, is the proneness which it has to
break into varieties, not only in different countries,

= -I

298

HISTORY OF CALIFORNIA.

but in the same country, and even in tlie same flock.
There are, however, other two species or varieties
which are worthy of notice, though even they do not
settle, or tend to settle, the question of common origin.
The Bison (Bos Americanus) is extremely rare
now in California, though supposed to have been com-
mon in former times.

BISON.

Like its congener the aurochs, the American Bison
is of powerful frame, and exceeds in bulk the ordinary
race of cattle, its height at the fore-quarters being
upwards of six feet, and its weight from twelve to
fifteen hundred weight, and sometimes much more.
The head is huge, ponderous, and carried low; the
withers are massive and elevated ; the eyes are small

HISTORY OF CALIFORNIA. 299

and their expression is ferocious ; the horns are small
and black. The neck, ^vithers, and chest, are covered
with a profusion of long shaggy hair, contributing to
render the appearance of the animal wild and terrific ;
the hinder quarters are clothed with shorter wool.
The general color is umber brown, acquiring a rusty
tint in winter. Endowed with the sense of smell
in great perfection, wary and fierce, the Bison asso-
ciates in large herds conducted by one or two old
bulls, whose motions the rest appear to follow ; but
herds of bulls also live separately. Their food consists
of grass and rank herbage, to obtain which in winter
they scrape away the snow with their feet. On the
approach of an enemy the herd immediately takes to
flight ; but if one be wounded, the life of the hunter, is
placed in great jeopardy, for turning in a moment, it
rushes on its assailant with headlong impetuosity and
with determined resolution. Several fatal instances
might be cited in which the hunter has perished from
want of- caution in attacking this formidable beast, and
many hairbreadth escapes are on record.

In defending itself from a dog the Bison strikes
violently with its fore-feet and easily keeps its annoy-
ing foe at bay.

The flesh of this animal is accounted excellent, the
tongue and hump, or flesh on the top of the withers,
being especial delicacies. The chase of the Bison is
therefore assiduously carried on, both by the natives
and the Europeans.

The Bison swims well, and during the heats of sum-
mer vast herds make their way to shady rivulets,
streams, and pools, in which they delight to plunge
and bathe. Herds of twenty thousand, crossing rivers
upwards of a mile in breadth, have been seen, as

300 HISTORY OF CALIFORNIA.

Lewis and Clarke inform us, or darkening the plains
on their passage to fresh feeding-grounds.

Salt springs, or saline morasses, or salt-licks, are
great attractions to this animal, and at all seasons are
visited by numerous herds. These, however, are
incessantly thinned by the hunters, and the time is
not probably far distant when the American Bison
will be as rare and as limited in its extent of range as
the aurochs of Lithuania.

At certain seasons of the year the bulls engage in
terrible conflicts, and rush furiously upon man, or any
other animal which ventures near them. With the
exception of man, the most formidable enemy against
which the Bison has to contend is the huge grisly bear,
and before this dreaded monster the strongest bull
goes down.

It appears that the Bison will breed with the ordi-
nary race of domestic cattle, against which the aurochs
displays the greatest antipathy, though in one respect
the latter approaches nearer to the common ox than
does the Bison ; we allude to the number of ribs, which
are thirteen in the ox on each side, fourteen in the
aurochs, and fifteen in the Bison.

The Sea Otter (Lutra Marina)^ so renowned for its
valuable fur, is found on the coast, and the Land
Otter [Lutra Brasiliensis) in the rivers.

The Sea-Otter is a native of the north-west coast of
America, from California to latitude 60°, and of the
opposite coast of Asia, from the Yellow Sea to the
north of Kamtchatka and the intermediate islands.
Its fur, which is of a black color, sometimes chestnut-
brown, and occasionally even yellow, is soft, full, and
beautiful, and is an object of commerce, being pro-

HISTORY OF CALIFORNIA. 301

cured by the Russians for the Cliinese market, where
it sells for a high price.

This animal haunts sea-washed rocks, and lives
mostly in the water, where it procures its food, which
consists of fish, and, as is indicated by the character
of the teeth, which are evidently formed for bruising
hard substances, shelled mollusks, and Crustacea, In
summer the Sea-Otter often ascends the rivers to the
inland lakes. The female produces on land a single
cub. The average length of this species is three feet,
exclusive of the tail, which measures about ten -inches.

There are several species of rats, mice, marmots,
and sr|uirrel3 in California. Mr. Farnham informs us
that the Pouched Rat [Pecudostoma bursariuyn), and
the small marmot [Arctomt/s Beecheyi), are found in
California, the latter being very plentiful in the plains
near San Francisco and Monterey, burrowing in the
ground and carrying in its capacious chest pouches, a
store of nuts, corn, and acorns. There are several
other varieties of the Arctomvs, such as the Prairie
Marmot [Arctomys ludoviciayius), and the "Woodchuck,
(Arctomys Monax,) the latter is found in the Atlantic
States.

It does not inhabit the very cold places of America,
but rather the central and southern parts of the
United States, and perhaps places further to the south ;
for Catesby styles it " the Bahama rabbit." In the
United States it is called the ground hog, and various
other local names, none of which are very applicable.
Its color is rusty brown, rather darker on the flanks
than on the middle of the back ; a portion round the
muzzle is bluish gray, and the tail is black.

Among the animals of the squirrel kind enumerated

26

302

HISTORY OF CALIFORNIA.

WOODCHUCK.

by Mr. Farnliam, are the Gray Squirrel, [Sciunes
Cinereus,) the Great-tailed Squirrel (/S'ciMrtis macrou-
veus), the Flying Squirrel, the Striped Squirrel, and
the Black Squirrel [Sciurus niger.) The last is a
beautiful species sometimes found in the Atlantic
States.

Its face is described as being in general blach, but
with some white markings very differently placed in
different individuals. In some the nose is white, in
others the feet ; in others, again, the tip of the tail ;
yet, again, there is a white collar round the neck ; and
these markings may all appear in the same individual,
or any number of them may appear in any of the
combinations which they can form*. These circum-

HISTORY or CALIFORNIA.

303

THE BLACK SQUIRREL.

Stances render the history of the species uncertain ;
but it appears, if a distinct species, to be pretty widely
spread, for it has been obtained in the States and also
in Mexico. It is described as being a much more
social animal than the gray squirrel.

Of the Hare there are several- fine species, one
wcighirg from eight to twelve pounds, which Mr.
Farnham supposes to be the Lepus glaciaUa ; another
is the Prairie Hare {Lepus Virrjinianun), and the

304

HISTORY OF CALIFORXIA.

Little Hare [Lejinis princeps), only six inches in
length.

Among the more remarkable birds of California,

are the following :

THE CONDOR.

The Condor ( Vulture condor) is the celebrated
vulture of America, of whose size, strength, and daring,
so many marvellous tales have been told, that had
there been any such animals as elephants in South
America, it is highly probable that we should have had
an account by " eye-witnesses," of the Condor flying
clear over Chimborazo with an elephant in its claws. We

HISTORY OF CALIFOriNIA. 305

have no room to go into its liistory, and it is not
necessary, as it may be found any -where, since Hum-
boldt broudit it within reason and reasonable dimen-
sions. It is only a little. larger than the mountain
vulture of the Alps, and its habits are nearly the
same ; but the appendages to the naked part of the
bird bring it more v.ithin the present section. The
color is blackish, ^vith great part of the wings ash,
and the collar on the neck silky and white. The male
has one large carunculated membrane above the bill,
and another below ; but these are wanting in the
female. The female is nearly of a uniform grayish
brown ; and the young in their first plumage are ash
brown, and without the collar of feathers upon the
neck. Even after all the exaggerations are discounted,
the Condor is a bird of no small interest. It is the
most lofty-dwelling bird of the whole class ; and the
regions of storm and earthquake vrhich it inhabits are
of themselves well calculated to give it a very peculiar
importance.

Cathartus are the vultures of North America, some
of which have occasionally been confounded with the
Condor ; and, though none of them are equal to that
bird in story, they rival, if not exceed it, in size and
in power. ^Yo cannot go into the details of all the
species, of which there are several ; and therefore we
shall give a few particulars of one as a specimen.

Californian Vulture, {Cathartus vulturinus.) This
is a very large bird, about four feet and a half in
length, and nearly ten feet in the stretch of the wings.
It inhabits North America to the westward of the
Stony Mountains, and is particularly abundant in the
lower valley of the Columbia. It is a woodland bird,
and does not appear to inhabit very high latitudes,

26*

20

r=d*

TAa] history of califoknia.

though, like the vultures of the eastern hemisphere, it
is more northerly in the summer thp>,n in the winter.
Their general color is brown, without any very decided
markings ; they nestle in' the thick "vvoods, choosing
the tallest pines in the wildest and most inaccessible
parts of the mountain valleys. The nest is composed
of sticks and coarse grass, and the pair occupy it for
many years in succession. The eggs are two, of a jet
black color, nearly round, and about the size of those
of a p-oose. The hatchins; time is about the first of
June, and the incubation lasts about thirty days. The
young are at first covered with whitish down, and five
or six weeks elapse before they are able to quit the
nest.

Where these birds inhabit is truly a Vulture's coun-
try, as the turns of the seasons are particularly violent
both on land and at sea. Many land animals are
beaten down by the rains, or overtaken by tbe swell-
ing rivers ; and when the storm abates, the wreck
both of the land and the water is great. This is in-
discriminately eaten by the vultures, which make
common prize both of fishes and of land animals, and
heed not much how far they may be gone in putrefac-
tion. Their senses are keen, especially their sense
of sight, and Ave shall not enter upon the disputed
keenness of the sense of smell in vultures, which, to
say the best, appears to have been most gratuitously
exaggerated. When on the reconnoitre, or tracking
the progress of a wounded animal, they fly very high ;
and, though there may not be one in sight when it
falls, the carcass of a large animal speedily attracts a
number of vultures ; and they come to a recent car-
case just as readily as to a tainted one, to that which
does not smell with the same readiness as to that

ii

HISTORY OF CALIFORNIA.

307

which does, and this is against the common notion of
the acutcness of their scent. Indeed the foetid dis-
tillation from their own nostrils is a pretty strong
argument against their smelling power ; a man with
his nose constantly bathed in assafoctida would not be
in the best condition for finding roses by the scent.
"Their voracity," says the lamented David Douglas,
*' is almost insatiable, and they are extremely ungene-
rous, suSoring no other animal to approach them
while feeding. After eating they become so sluggish
and indolent as to remain in the same place, until
urged by hunger to go in quest of another repast.
At such times they perch on decayed trees, with
their heads so much retracted as to be with difficulty
observed tlirough the long, loose, lanceolate feathers
of the collar; tlie winfjs at the same time hancj down
over the feet. This position they invariably preserve

308 HISTOPwY OF CALIFORNIA.

in dewy mornings, or after rains. Except after eating,
or while guarding their nest, they are so excessively
wary that the hunter can scarcely ever approach
sufficiently near for even huck-shot to take effect on
them, the fulness of the plumage affording them a
douhle chance of escaping uninjured. Their flight is
slow, steady, and particularly graceful, gliding along
with scarcely any apparent motion of the wings, the
tips of which are curved upward in flying. They
are seen in greatest numhers, and soar highest before
hurricanes and thunder-storms. Their quills are used
by the hunters as tubes for tobacco-pipes."

TURKEY BUZZARD, OR TURKEY VULTURE.

The Turkey Vulture (Cathartus aura) is another
American species of smaller size, and more generally
distributed. It is about two feet and a half in length,
and six feet in the expanse of the wings. The upper
parts are nearly black, with some white markings, and
the lower parts sooty brown. They are common in
the United States, but leave the northern ones in the
winter.

The Black Vulture [CatJiartus atratus) is a darker

HISTORY OF CALIFORNIA. 309

and smaller species ; and so familiar that it frequents
the towns, and plies as a scavenger in the streets, in
which office it is protected by the inhabitants. It is
about two feet two inches in length, and four feet four
inches in the stretch of the wings. The general color
is dull black, with some white on the insides of the
primary quills. It is a dull and sluggish bird, and the
smell of it is peculiarly offensive.

The Golden Eagle {Aquila CjirT/saefos,) is one of
the most powerful of the eagle tribe. Its feathers are
much prized by the Indians as ornaments, and are
attached to their pipes or calumets, whence they call
the bird the Calumet Eagle. It is seen on the coast
and in the woods and mountainous parts of California.
The following are nearly the average external
characters of the female Golden Eagle, whrch is the
more powerful bird, and therefore the typical one,
at that age when the colors expressive of youth
have disappeared, and those of old age have not come
on : — Tip of the bill and the claws black ; basal part
of the bill bluish ; naked skin or cere at the base of
the bill, and toes, which are the only naked parts of
the feet, yellow ; irides of the eyes bright orange
brown, inclining to yellgw ; crown of the head and
nape of the neck bright orange brown ; sometimes, in
birds which have passed a certain age, margined with
white, which becomes broader as age increases. The
feathers on the neck narrow, pointed, and very distinct,
bristling out from each other when the bird is in a
state of excitement ; chin and throat rich dark brown,
passing gradually into pale reddish brown on the
under part, in which it terminates in the vent feathers,
and feathers on the tarsi, the latter being slender and
very much produced ; upper part deep orange brown,

310

HISTORY OP CALIFORNIA.

GOLDEN EAGLE.

margin rather paler, ^yhich gives a bold relief to the
individual feathers ; coverts of the wings nearly the
same ; secondary quills clouded with various shades
of brown ; and primary quills black. Tail purplish
brown, barred across with blackish brown, and having
a broad line of the same across the extremity. The
feathers are all remarkable for the firmness of their
texture, and their profusion in the eagle feather, whi<;h

HISTORY OF CALIFORNIA.

311

■ 4^

BALD EAGLK

gives them something of the sam-e appearance as if
they were imbricated scales-

The Bald Eagle (Aquila leucocephalus.) As this
bird is certainly much more characteristic of North
America than of any other part of the Avorld, and,
as it is there a bird of the greatest interest, we
should be doing it injustice if we attempted to describe
it in any other language than that of AVilson: — "This
distinguished bird," says this equally distinguished
naturalist, "as he is th« most beautiful of his tribe in
this part of the world, and the adopted emblem of our
country, is entitled to particular notice. The cele-
brated cataract of Niagara is a noted place of resort

812 HISTORY OF CALIFORNM.

for the Bald Eagle, as well on account of the fish pro-
cured there, as for the numerous carcasses of squirrels,
deer, bears, and various other animals, that, in their
attempts to cross the river above the Falls, have been
dragged into the current, and precipitated down that
tremendous gulf, where, among the rocks that bound
the rapids below, they furnish a rich repast for the
vulture, the raven, and the Bald Eagle, the subject of
the present account. Formed by nature for bra\dng
the severest cold; feeding equally on the produce of
the sea, and of the land ; possessing powers of flight
capable of outstripping even the tempests themselves ;
unawed by any thing but man ; and, from the ethereal
heights to vrhich it soars, looking abroad at one glance,
on an immeasurable expanse of forests, fields, lakes,
and ocean, deep below him, he appears indifi'erent to
the little localities of change of seasons ; as in a few
minutes he can pass from summer to winter, from the
lower to the higher regions of the atmosphere, the
abode of eternal cold, and from thence descend, at
will, to the torrid or the artic regions of the earth.
He is, therefore, found at all seasons in the countries
he inhabits ; but prefers such places as have been men-
tioned above, from the great partiality he has for fish,
" In procuring these, he displays in a very singular
manner the genius and energy of his character, which
is fierce, contemplative, daring, and tyranical ; attri-
butes not exerted but on particular occasions, but,
when put forth, overpowering all opposition. Elevated
on the high dead limb of some gigantic tree, that
commands a wide view of the neighboring shore, and
ocean, he seems calmly to contemplate the motions' of
the various feathered tribes that pursue their busy
avocations below ; the snow white gulls slowly win-

■rr

HISTORY OF CALIFORNIA. 313

nowing the air ; the busj tringjB coursing along the
sands ; trains of clucks streaming over the surface ;
silent and -watchful cranes, intent and wading ; clamor-
ous crows; and all the winged multitudes that subsist
by the bounty of this vast liquid magazine of nature.
High over all these hovers one whose action instantly
arrests his whole attention. By his wide curvature
of wing, and sudden suspension in air, he knows him
to be 4:he fish hawk, settling over some devoted victim
of the deep. His eye kindles at the sight, and, balanc-
ing himself, with half-opened wings, on the branch,
he watches the result. Down, rapid as an arrow from
heaven, descends the distant object of his attention,
the roar of its wings reaching the ear as it disappears
in the deep, making the surges foam around. At this
moment, the eager looks of the Eagle are all ardor ;
and, levelling his neck for flight, he sees the fish hawk
once more emerge, struggling with his prey, and
mounting in the air with screams of exultation. This
is the signal for our hero, who, launching in the air,
instantly gives chase, and soon gains on the fish hawk ;
each exerts his utmost to mount above the other,
displaying in these renconfres the most elegant and
sublime aerial evolutions. The unencumbered Eagle
rapidly advances, and is just on the point of reaching
his opponent, when, with a sudden scream, probably
of despair and honest execration, the latter drops his
fish : the Eagle, poising himself for a moment, as if to
take a more certain aim, descends like a whirlwind,
snatches it in his grasp ere it reaches the water, and
bears his ill-gotten booty silently away to the woods."
The Fish Hawk (Aquila Ilaliccta) referred to
above, inhabits the coast and many parts of the inte-
rior of this country. The flight of this bird is easy

27

314

HISTORY OF CALIFORNIA.

THE FISH HAWK.

and graceful, and its plunge, when sweeping down to
its finny prey, inconceivably rapid. Audubon says
that it never strikes at a fish leaping out of the water.
In the Gulf of Mexico, where these birds are numer-
ous, and where shoals of flying-fish are continually
emerging from the sea to escape the pursuit of the
dolphins, he observed that the Fish-haAvks never made
a sweep at them, but would at once plunge after them,
or other fish, while swimming in their usual mode near
the surface. When it plunges into the water in pur-
suit of a fish, it sometimes proceeds deep enough to
disappear for an instant, throwing the water around
into foam ; on rising, it mounts a few yards into the

L_

HISTORY OF CALIFORNIA. 315

air, shakes off the spray, and flies off to its nest with
its booty, or to an accustomed tree, there to satisfy
its appetite, -when, ^vithout Linger repose, i^ again
launches into the air, and sails circling at a great
height over the "waters.

The nest of the Fish-hawk is built in a tree, and
consists of a mass of sticks, seaweed, grass, turf, kc,
and being repaired every year, is sometimes a fair
cartload. Among the interstices of the materials,
other birds are permitted to nidify, and several pairs
of grakles, or crow-blackbirds, may be often seen tak-
ing up their abode around the margin and sides of
the structure, " like humble vassals round the castle of
their chief," laying their eggs, rearing their young,
and living together in the utmos-t harmony.

The Fish-hawk breeds in May ; and both parents
are devoted to their young, defending them from any
assailant with indomitable resolution, and using both
beak and talons with terrible effect. The young are
generally three in number.

The Peregrine Falcon (Falco Peregrinus). This
bird so famous as having been used in the princely
sport of hawking in old times, is found in this country.
Mr. Selby," in his British Ornithology, gives an in-
stance of great daring in a Falcon. " In exercising
mv dogs upon the moors previous to the commence-
ment of the shooting season, I observed a large bird
of the hawk genus hovering at a distance, which up-
on approaching I knew to be a Peregrine Falcon. Its
attention was now drawn towards the dogs, and it ac-
6ompanied them while they beat the surrounding
ground. Upon their having found and sprung a brood
of grouse, the falcon immediately gave chase ' and
struck a young bird before they had proceeded far

316

HISTORY OF CALIFORNIA.

THE PEREGRINE FALCON.

upon the wing. My shouts and rapid advance pre-
vented it from securing its prey. The issue of this
attempt, however, did not deter the Falcon from watch-
ing our subsequent movements ; another opportunity
soon offering, it again gave chase, and struck down
two birds by two rapidly repeated blows, one of which
it secured and bore off in triumph." The flight of
this Falcon when pursuing its quarry is astonishingly
rapid. Montagu has reckoned it at one hundred and
fifty miles an hour ; and Colonel Thornton, an expert
falconer, estimated the flight of one in pursuit of a
snipe to have been nine miles in eleven minutes, with-
out including the frequent turnings. Audubon, in his
" Birds of America," states that he has seen this Fal-
con come at the report of a gun, and carry off a teal
not thirty steps distant from the sportsman who had
killed it, " with a daring assurance as surprising as
unexpected."

This singular aptitude in the wild bird to join men

HISTORY OF CALIFOEXIA. 317

and dogs in tlicir pursuit of game, availing itself of
their assistance, slio^vs at once the little irouhle com-
paratively speaking, requisite for reclaiming apd train-
ing it. A knowledge of the service rendered by dogs
and men in putting up game, thereby giving it the
opportunity of striking it, is intuitive. In disposition
it is confident and docile; and with patience, kind
treatment, and proper management, its training is
soon effected.

The Peregrine Falcon, breeds on the ledges of pre-
cipitous rocks, laying four eggs, of a reddish brown
color, with darker blotches and variegations.

The Fen Falcon {Falco Islandicus) is large, strong,
exceedingly compact and very firm in its plumage.
The male bird is about twenty two inches long, and the
stretch of its wings about four feet. The female is
still larger. This bird is found in Upper California.
Among: other birds of the Falcon tribe are the
Sparrow Hawk, [Falco Sparverius), Pigeon Hawk,
[Falco Columbarius)y and the Gos Hawk (Accipiter
Columharius),

There are several species of the Owl in California.
Among these is the Hawk Owl {Strix Funerea), a
remarkable species which forms the connecting link
between the falcons and the hawks. This bird preys
on small birds, and sometimes follows the hunter like
a falcon and boldly siezes the wounded game as it
flutters on the ground. He also feeds on mice, squir-
rels, and insects. Sometimes the Hawk Owls are
observed to hover round the camp fires of the natives
in quest of any offal or rejected game.

The Virginian Horned Owl {Bubo Vlrginiarius),
common in the United States and the fur countries,
is found here. The flight of this bird is elevated,

27*

r7'

318

HISTORY OF CALIFORNIA,

HAWK OWL.

rapid, and graceful. It sails with apparent ease in
large circles, and rises and descends without the least
difficulty, by merely inclining its wings or its tail as
it passes through the air. Now and then it glides
silently close over the earth with incomparable ve-
locity, and drops as if shot dead on the prey beneath.
At other times it suddenly alights on the top of a
fence, stake, or dead stump, and utters a shriek so
horrid, that the Avoods around echo to its dismal
sound. During the utterance of the deep gurgling

DISTORT OF CALIFORNIA.

319

VIRGINIAN HORNED OWL.

crie3 so "well described hj Wilson, it moves its body,
and particularly its head^ in various grotesque ways,
and at intervals violently snaps its bill. Its food
consists of various gallinaceous birds, half-grown tur-
keys, domestic poultr}^ of all kinds, ducks, grouse,
hares, opossums, and squirrels; and ^vhencvor chance
thi-ows a dead fish on the shore, this bird feeds on it

320 HISTORY OF CALIFORNIA.

with peculiar avidity. The Yirginian Horned Owl is
very powerful, and equally spirited. Mallards, gui-
nea-fowl, and common fowls fall an easy prey, and
are carried off in its talons to the depths of the woods.
When wounded, says Auduhon, it exhibits a revenge-
ful tenacity of spirit^ scarcely surpassed by the noblest
of the eagle tribe ; disdaining to scramble away, it
faces its enemy with undaunted courage, protruding
its powerful talons, and snapping its bill. Its large
goggle eyes open and shut in quick succession ; and
the feathers of its body are puffed up, and swell out
its apparent bulk to nearly double the natural size.
In some districts it is a great nuisance to the settler,
making sad havoc among his stock of poultry. Among
some of the Indian nations a sort of reverential
horror is entertained towards this bird, and the priests
and conjurers have adopted it as the symbol of their
office, carrying about with them a stuffed specimen
with glass eyes, which excites general awe. This
bird usually constructs a bulky nest in the forked
branch of a tree, composed externally of crooked
sticks, and lined with coarse grass and feathers.
The eggs are three or four in number, and of a dull
white.

The Mottled Owl \Strix noevia\ a small, hand-
some species known as the Little Screech Owl, inhabits
California and Oregon as well as the Atlantic States.
They feed on small birds, beetles, crickets, and other
insects, build in hollow trees, and utter most dismal
shrieks in the late summer and autumn evenings, keep-
ing up the din till midnight. Mr. Farnham mentions
the Great Snow Owl [Strix Nictoea), and the Burrow-
ing Owl {Strix Cunicularid) which inhabits the

HISTORY OF CALIFORNIA.

321

THE MOTTLED OWL.

burrows of the Prairie Marmot. This bird is thus
described bv L. Bonaparte.

" In the trans-Mississippian territories of the United
States the Burrowing Owl resides exclusively in the
villages of the marmot or prairie dog, whose excava-
tions are so commodious as to render it unnecessary
that our bird should dig for himself, as he is said to
do in other parts of the Vrorld where no burrowing
animals exist. These villa;:es are verv numerous,
and variable in their extent, sometimes covering only
a few acres, and at others spreading over the surface
of the country for miles together. They are com-
posed of slightly elevated mounds, having the form
of a truncated cone, about two feet in width at base,
and seldom rising as high as eighteen inches above
the surface of the soil. The entrance is placed either

21

822 HISTOKY OF CALIFOKXIA.

at the top or on the side, and the whole mound is beat-
en down externally, especia'ly at the summit, re-
sembling a much-used footpath.

" From the entrance, the passage into the mound
descends verticallj for one or two feet, and is thence
continued obliquely downwards, until it terminates in
an apartment, within which the industrious marmot
constructs, on the approach of the cold season, a com-
fortable cell for his winter's sleep. Tins cell, which
is composed of fine dry grass, is globular in form,
Avith an opening at top capable of admit; ing the fin-
ger ; and the whole is so firmly compacted, that it
might, without injury, be rolled over the floor.

'' In all the prairie-dog vilkiges the Burrowing
Owl is seen moving briskly about, or else in small
flocks scattered among the mounds, and at a distance
it may be mistaken for the marmot itself when sit-
ting erect. They manifest but little timidity, and
allow themselves to be approached sufficiently close
for shooting ; but if alarmed, some or all of them
soar away or settle down again at a short distance ;
if further disturbed, their flight is continu'ed until
they are no longer in view, or they descend into their
dwellings, whence they are difficult to dislodge.

" The burrows into wdiich these Owls have been
seen to descend, on the plains of the River Platte (a
tributary to the Missouri), where they are most nume-
rous, were evidently excavated either by the mar-
mot, whence it has been inferred by Say that they
were common though unfriendly residents of the same
habitation, or that our Ovrl was the sole occupant of
a burrow^ acquired by the right of conquest. That
the latter idea is correct was clearly presented by the
ruinous condition of the burrows tenanted by the Owl,

i_.

HISTORY OF CALIFORNIA. 323

while the neat and wcll-prcscrvcd mansion of the mar-
mot showed the active care of a skilful and industri-
ous owner. We have no evidence that the Owl and
marmot habitually resort to one burrow ; yet we are
well assured by Pike and others that a common dan-
ger often drives them into the same excavation, where
lizards and rattlesnakes also enter for concealment
anil safety. The Owl observed by Vieillot in St. Do-
mingo digs itself a burrow two feet in depth, at the
bottom of which its eggs are deposited on a bed of
moss, herb-stalks, and dried roots.

" The note of our bird is strikingly similar to the
cry of the marmot, which sounds like cheh, cheh,
pronounced several times in rapid succession ; and
were it not that the Burrowing Owls of the West In-
dies, where no marmots exist, utter the same sound,
it might be inferred that the marmot was the unin-
tentional tutor to the young owl: this cry is only
uttered as the bird begins its flight. The food of the
bird we are describing appears to consist entirely of
insects, as, on examination of its stomach, nothing
but parts of their hard wing-cases were found."

The American Shrike, or Butcher Bird {Lanius
Septentrlonalis), is found here. Ilis principal food
is large insects, such as grasshoppers, crickets, and
spiders, sometimes impaling them on thorns, possibly
as a lure to smaller birds, which he sometimes attacks
and tears in pieces with his sharp hooked bill. He
is noted also for his imitative powers as a songster;
but his usual note is discordant and hoarse.

There are several species of the Fly Catcher.
Among others, the well known King Bird, or Tyrant
Fly Catcher, (Muscicapa 7)'jrannus.) Among smaller
American birds, the most pugnacious and intrepid.

824

niSTORY OF CALIFORNIA.

AMERICAN SHRIKE.

On this bird, Nuttall has the following remarks :
" In a natural state he takes his station on the top
of an apple tree, a stake, or a tall weed, and betwixt
the amusement of his sqeuaking tAvitter, employs him-
self in darting after his insect food. Occasionally he
is seen hovering over the field, with beating wing,
almost like a hawk, surveying the ground or herbage
for grasshoppers, which are a favorite diet. At other
times they may be observed in small companies flick-
ering over still waters in the same employment, the
gratification of appetite. Now and then, during the
heat of summer, they are seen to dip and bathe, in
the watery mirror, and with this washing, drying, and
pluming, they appear to be both gratified and amused.
During the season of their sojourn, the pair are often
Been moving about in company, with a rapid quiver-

mSTORY OF CALLFOENIA,

S2

ij

KING BIRD.

inor of the wln<Ts, and a continued tremulous shriekins:
twitter. Their energetic and amusing motions are
most commonly performed in warm and fine weather,
and continue, with little interruption, until towards
the end of August.

" One of the most remarkable traits in the charac-
ter of the King Bird, is the courage and affection
which he displays for his mate and young ; for on his
first arrival he is rather timid, and readily dodges
before the swallow and purple marten. Indeed, at
this season I have seen the spotted sandpipers drive

28

326 ni,STORY OF California.

away a pair of King Birds, because they happened
to approach the premises of her nest. But he now
hecomes, on this important occasion, so tenacious of
his rights as readily to commence the attack against
all his feathered enemies, and he passes several
months of the summer in a scene of almost perpetual
contest, and not overrating his hostile powers, he
generally finds means to come off with impunity.
Eagles, hawks, crows, jays, and in short every bird
which excites his suspicion, by their intentional or ac-
cidental approach, are attacked with skill and courage ;
he dives upon the heads and backs of the larger in-
truders, who become so annoyed and tormented as
willingly to make a precipitate retreat. He pursues
his foes sometimes for a mile ; and at length, assured
of conquest, he returns to his prominent watch-ground,
again quivering his wings in gratulation, and rapidly
uttering his shrill and triumphant notes. He is,
therefore, the friend of the farmer, as the scourge of
the pilferers and plunderers of his crop and barn
yard. But that he might not be perfectly harmless,
he has sometimes a propensity for feeding on the
valuable tenants of the bee hive ; for these he watches,
and exultingly twitters at the prospect of success, as
they wing their way engaged in busy employment;
his quick-sighted eyes now follow them, until one,
more suitable than the rest, becomes his favorite mark.
This selected victim is by some farmers believed to be
a drone rather than the stinging neutral worker.
The selective discernment of the eyes of this bird
has often amused me ; berries of different kinds, held
to my domestic King Bird, however similar, were re-
jected or snatched, as they suited his instinct, with
the nicest discrimination."

•

HISTORY OP CALIFORNIA.

327

AMERICAN ROBIN.

The American Robin (Turdus migratorius) is found
in California and Oregon.

"From the petulant and reiterated chirp so com-
monly uttered by*the Robin, when surprised or irri-
tated, the Indians of Hudson Bay, call him, from
this note, Pee-pee-tshu. They often, also, utter a
loud echoing, 'M 'kh 'kh, and sometimes chirp in a
high or slender toue when alarmed, and with an affec-
tation of anger sharply flirt the tail and ends of the
wings. They raise several broods in a season, and
considerable numbers flock together in the latter end
of summer and autumn. When feeding on cherries,
poke, sassafras, and sour-gum berries, they are so
intent as to be easily approached, and shot down in
numbers ; and when fat, are justly esteemed for food,
and often brought to market. In the spring they fre-

'..

328 HISTOKY OF CALIFORNIA.

quentlj descend to the ground in quest of "\Torms and.
insects, which then constituto their principal support,

" They are commonly brooght up in the cage, and
seem very docile and content. They siag well^ readily
learn to imitate lively parts of tunes, and some have
been taught to pipe forth psalms even to so dull and
solemn a measure as that of " Old Hundred r They
acquire also a considerable taste for mimickry^ imitat-
ing the notes of most of the birds around them, such
as the blue bird, pcwee, whip-poor-will, and others.
On being approached with the finger, they usually
make some show of anger, by cracking and snapping
the bill. At times they become very tame, and will
go in and out of the house w^ith domestic confidencey
feel uneasy when left alone, and on such occasions,
have sometimes the sagacity of calling attention by
articulating endearing words, as, pretty, pretty, &c.y
connecting, apparently with these expressions, their
general import of attentive blandishment. They be-
come almost naked in the moulting season, in which
they appear to suffer considerablj^, yet have been
known to survive for seventeen years or upwards. The
rufous color of the breast becomes deeper in those
birds which thus live in confinement. Their principal
song is in the morning, and commences before sunrise,
at which time it is very loud, full and emphatic.

'' This bird, according to Richardson, inhabits every
part of the fur countries. Nests of the Robin are
found as high as the 67th parallel ', and from the
reports of travellers it is known to visit the north-
west coast of America. It arrives in the Missouri
(in lat. 41|°,) from the eastward, on the 11th of
April ; and in the course of its northerly movement,
visits Severn River, in Hudson Bay, about a fort-

HISTORY OF CALIFORNIA. 329

niffht later. On the Ttli of May, in 1827, it was seen
at Fort Chepewyan, in lat. 58|°, and in the distant
parallel of 6i>°, at Fort Franklin, on the 20th of that
month. In the 54th degree, they begin to hatch by
the end of May ; but 11 degrees f^irther to the. north,
they do not commence incubation until the 11th of
June. The snow even then partially covers the
ground ; bu.t there are, in those latitudes, abundance
of the berries of the alpine arbutus, crow-berry,
(Empetrum y^igrum,) whortle-berry and cow-berry,
[Vaccinium uUginosum, and V. Vitis idoea,) besides
those of some other plants, which, after having been
frozen u.p all the winter, are exposed, on the melting
of the snow, again to view, full of juice, and retain-
ing their original flavor. Dr. Eichardson remarks,
that the notes of the Robin " resemble those of the
common thrush [Turdus musicus), but are not so
loud. Within the Arctic circle the woods are silent
in the bright light of noon-day, but towards midnight,
when the sun travels near the horizon, and the shades
of the forest are lengthened, the concert commences,
and continues till six or seven in the morninir. Even
in those remote regions, the mistake of those natu-
ralists who have asserted that the feathered tribes of
America are void of harmony might be fully dis-
proved. Indeed, the transition is so sudden from the
perfect repose, the death-like silence of an arctic i

winter, to the animated bustle of summer ; the trees j

spread their foliage with such magic rapidity, and i

every succeeding morning opens with such agreeable j

accessions of feathered sonojstcrs to swell the chorus — I

their plumage as gay and unimpaired as when they
enlivened the deep-green forests of tropical climes,
that the return of a northern spring excites in the

28*

-I

330

HISTORY OF CALIFORNIA.

mind a deep feeling of the beauties of the season, a
sense of the bounty and providence of the Supreme
Being, ^vhich is cheaply purchased by the tedium of
nine months winter. The most verdant lawns and
cultivated glades of Europe, the most beautiful pro-
ductions of art, fail in producing that exhilaration
and joyous buoyancy of mind which we have expe-
rienced in treading the w^ilds of Arctic America, when
their snowy covering has just been replaced by an
infant but vigorous vegetation.' "

THE CAT BIRD.

The Cat Bird {Mimus Felivox) is found in various
parts of California. This quaint and familiar song-
ster passes the winter in the southern extremities of
the United States, and along the coast of Mexico,
from whence, as early as February, they arrive in

\^—Z

HISTORY OF CALIFORNIA. 331

Georgia. About the middle of April tliej are first
seen in Pennsylvania, and at length leisurely approach
this part of Xew England, by the close of the first or
beginning of the second week in May. They con-
tinue their migration also to Canada ; where they
proceed into the fur-countries as far as the 45th
parallel, arriving on the banks of the Saskatchewan,
about the close of May. They are said also to in-
habit Kamtschatka, and consequently penetrate very
far to the north. Throughout this extent, and to the
territory of the Mississippi, they likewise pass the
period of incubation and rearing their young. They
remain in New England till about the middle of Octo-
ber, at which time the young feed principally upon
wild berries.

The Cat-Bird often tunes his cheerful song before
the break of day, hopping from bush to bush, with
great agility after his insect prey, while yet scarcely
distinguishable amidst the dusky shadows of the dawn.
The notes of difi*erent individuals vary considerably,
so that sometimes his song, in sweetness and compass,
is scarcely at all inferior to that of the ferruginous
thrush. A quaintness, however, prevails in all his
efforts, and his song is frequently made up of short
and blended imitations of other birds, given however,
with great emphasis, melody, and variety of tone;
and, like the nifchtinfjale, invadin^j the hours of re-
pose, in the late twilight of a summer's evening, when
scarce another note is heard, but the hum of the
drowsy beetle, his music attains its full effect, and
often rises and falls with all the swell and studied
cadence of finished harmony. During the heat of
the day, or late in the morning, the variety of his

332

niSTOKY OF CALIFORNIA.

song declIncSj or he pur.sues his employment in silence
and retirement.

Of the other birds of the Thrush genus, the Brown
Thrush, (OrpJteus Riifus), the Varied Thrush {Tur-
dus ]\^wviiis), very similar to the American robin, the
Wood Thrush [Turdus MusteUnus), the Dwarf Thrush
(Tardus Nanus), Wilson's Tlirush ( Wilsonn), and the
Western Thrush [Turdus CcstulafU'S), have all been
observed by Mr. Townsend and others in Oregon and
California.

Of the Sylvicola there are several species in this
region, such as the Myrtle Bird, (Sylvicola coronata,)
Audubon's Warbler (Sylvicola Auduhoni), and the
Summer Yellow Bird, (Sylvicola destiva.) On the
geographical distribution of this bird Mr. Nuttall has
the following remarks :

SUMMER YELLOW BIRD.

This very common and brilliant summer species is
found in all parts of the American continent from the
confines of the arctic circle to Florida and Texas, as

HISTORY OF CALIFORNIA. 333

"Well as Oregon and tlie Rocky Mountains, -where it
spends the mild season. About the middle of ^larch,
I already heard their song amidst the early blooming
thickets and leafy -svoods of the Altamaha ; but they
do not arrive in Pennsylvania and this part of New
England before the 1st of May. About the close of
August in the northern, and by the middle of Septem-
ber in the central States of the Union, or as soon as
their second brood are capable of joining the migrating
host, they disappear, probably in the twilight, and
wing their way by easy stages to their tropical desti-
nation, passing through Louisiana in October, and
appearing at length, about Vera Cruz, from whence
they spread their numerous host througli tropical
America to Guiana, Cayenne, St. Domingo, and other
of the larger contiguous islands of the West Indies.

Mr. Kuttall also places in California and Oregon,
the Blue Mountain Warbler [Sylvicola montana), the
Hermit "Warbler [Sylvicola Occidentalis), Townsend's
Warbler, (Sylvicola Totvnsendi.) and that sweet
songster, the Maryland Yellow Throat, [Trichas
3Iarylandica.) lie says in relation to the Yellow
Throat :

This common and familiar species extends its sum-
mer migrations from Florida to Nova Scotia, arriving
in Pennsylvania towards the middle of April, and in
this part of New England about the first week in May.
They return to the south in September ; a few strag-
glers of the young, however, may be seen to the first
week in October, and though some may remain and
winter in the Southern States, it is more probable
that the main body retire at this season into the in-
terior of tropical America ; as they were seen late in
autumn, around Vera Cruz, by the naturalist and

334

HISTORY OF CALIFORNIA.

i

YELLOW THROAT.

traveller Mr. Bullock. Early in the month of March,
however, I heard this species singing in the forests of
West Florida. They also exist in the territory of
Oregon, where Mr. Townsend obtained specimens.
We met with them on Lewis's River, of the Shoshonee
in the centre of the Rocky Mountain chain.

The Maryland Yellow Throat, with cheerful devoted-
ness to the great object of his summer migration, the
attachments and cares of his species, passes his time
near some shady rill of water, amidst briers, brambles,
alders, and such other shrubbery as grow in low and
watery situations. Unambitious to be seen, he seldom
ascends above the tops of the underwood, where he
dwells busily employed in collecting the insects on
which he feeds. After these, like the wren, he darts
into the deepest thicket, and threads his devious way
through every opening ; he searches around the stems,
examines beneath the leaves, and raising himself on
his peculiarly pale and slender legs, peeps into each
crevice in* order to seize by surprise his tiny lui'king
prey.

HISTORY OF CALIFORNIA.

335

SHORE LARK.

Among the different species of Larks found in Cali-
fornia, the most beautiful is the Shore Lark, {Alauda
Alpestris.)

This beautiful species, says Nuttall, is common to
the north of both the old and new continent, but, as
in some other instances already remarked, the Shore
Lark extends its migrations much farther over America
than over Europe and Asia. Our bird was met with
in the Arctic regions by the late adventurous voyagers,
and Mr. Bullock saw them in the winter around the
city of Mexico, so that in their migrations over this
continent they spread themsi'lves across tlie whole
habitable northern hemisphere to .the very equator ;
while in Europe, according to the careful observations
of Temminck, they are unknown to the south of Ger-
many. Pallas rnet with these birds round Lake Baikal
and on the Wolga, in the 5od degree of latitude.
Westward they have also been seen in the interior of
the United States, along the shores of the Missouri.

Inseparable in all their movements, like the hen

336 HISTORY OF CALirORNIA.

and her fostered cliickens, tliej roost together in a
close ring or company, bj the mere edge of some
sheltering weed or tuft of grass on the dry and gravelly
ground ; and, thickly and warmly clad, they abide the
frost and the storm with hardy indifference. They
fly rather high and loose, in scattered companies, and
follow no re<]!:ular time of mi";ration, but move onward
only as their present resources begin to fail. They
are usually fat, esteemed as food, and are frequently
seen exposed for sale in our markets. Their diet, as
usual, consists of various kinds of seeds which still
remain on the grassland weeds they frequent, and
they swallow a considerable portion of gravel to assist
their digestion. They also collect the eggs and larvae
of insects w^ien they fall in their way.

The Snow Bunting {Emheriza nivalis), and the
Red-winged Blackbird or Troopial [Icterus phoeni-
ceus,) are found in various parts of California.

The Red-winged Troopial in summer inhabits the
whole of North America from Nova Scotia to Mexico,
and is found in the interior from the 53d degree across
the whole continent to the shores of the Pacific and
along the coast as far as California. They are migra-
tory north of Maryland, but pass the winter and sum-
mer in great numbers in all the southern States,
frequenting chiefly the settlements and rice and corn-
fields, towards the sea-coast, wdiere they move about
like blackening clouds, rising suddenly at times with
a noise like thunder, and exhibiting amidst the broad
shadows of their funeral plumage, the bright flashing
of the vermilion with which their Winers are so sinfjcu-
larly decorated. After whirling and waving a little
distance, like the starling, they descend as a torrent,
and darkening the branches of the trees by their num-

HISTORY OF CALIFORNIA.

337

RED-WIXGED BLACKBIRD.

bers, they commence a general concert that may be
heard for more than two miles. This music seems to
be somethincr betwixt chatterincr and warbling: ; iinir-
ling liquid notes like those of the bobolink with
their peculiar kong-quer-ree and hob a lee, o-hoh a lee ;
then complaining chirps, jars, and sounds like saw-
filing, or the motion of a sign-board on its rusty hinge,
the whole constituting a novel and sometimes grand
chorus of discord and harmony, in which the perform-
ers seem in good earnest, and bristle up their feathers,
as if inclined, at least, to make up in quantity what
their show of music may lack in quality.

When their food begins to fail in the fields, they
assemble with the purple grakles, very familiarly
around the corn-cribs and in the barn-yards, greedily
and dexterously gleaning up every thing within their
reach. • In the month of March, Mr. Bullock found
them very numerous and bold near the city of Mexico,

29

2Z

IIISTOILY OF CALIFORNIA.

where they fullowecl mules to steal a tithe of their

barley.

The Whitewinged Crowbill {Loxia Leucoptera), is
found in the pine and hemlock forests, subsisting on
the seeds obtained from the pine cones.

THE RAVEN.

The Raven {Corvus Corax\ common to both conti-
nents is found here. Though spread over the whole
world, says Nuttall, Ravens are rarely ever birds of
passage, enduring the winters even of the arctic circle,
or the warmth of Mexico, St. Domingo, and Madagas-
car. They are particularly attached to the rocky
eyries where they have been bred and paired. Through-
out the year they are observed together in nearly
equal numbers, and they never entirely abandon this

niSTOKY OF CALIFORNIA. 839

adopted home. If tlicy descend into the plain, it is
to collect subsistence ; but thcj resort to the low
grounds more in winter than summer, as thej avoid
the heat and dislike to wander from their cool retreats.
They never roost in the woods like crows; and have
sufficient sap^acitv to choose in their rockv retreats a
situation defended from tlie winds of the north, com-
monly under the natural vault formed by an extend-
ing ledge or cavity of the rock. Here they retire
during the night in companies of fifteen to twenty.
They perch upon the bushes which grow straggling in
the clefts of the rocks ; but they form their nests in
the rocky crevices, or in the holes of the moulderinn-
walls, at the summits of ruined towers ; and sometimes
upon the high branches of large and solitary trees.
After they have paired, their fidelity appears to con-
tinue through life. The male expresses his attachment
by a particular strain of croaking, and they are often
observed caressing by approaching their bills, with as
much semblance of affection as the truest turtle doves.

The Crow {Corvus corone) is also abundant in Ca-
lifornia. The Magpie {Corvus i^ica) is a California
bird.

This bird, says Xuttall, is much more common in
Europe than in America, being confined in this coun-
try to the northern regions, and to the plains and
table lands or steppes of the Kocky Mountains ^vest
of the Mississippi. Thence they continue to the
banks of the Columbia, and on the opposite side of
northern and temperate Asia, are found in Kams-
chatka, Japan, and China. They are sometimes met
with as far down the ^libsouri as Boonsborouirh in the
severity of winter, driven from the western wilder-
ness, only by the impejious calls of hunger. In

340

HISIOKY OF CALIFORNIA,

IHE MAGPIE.

summer they are so rare, even in the Missouri terri-
tory, that from March to October, and from St. Louis
to the trading house at the Mandans, a distance by
the river of sixteen hundred miles, a party of near
seventy men, attended by constant hunters, never met
with a single Pie, nor were any appearances of their
nests any where visible. Eleven hundred miles up the
Arkansas, and more than one thousand up the Red
River, countries which I visited in summer, never pre-
sented a specimen of this otherwise familiar and rov-
ing ^ird. The season of incubation with the Ameri-
can Pies, so different from their familiar habits in the
old continent, is passed, no doubt, in the wooded re-
cesses of the Rocky Mountains, which abound with
berries and acorns, and with small birds and their
eggs. They are known to make so great a destruc-
tion among the eggs of grouse, pheasants, partridges,
and even among young chickens, in many parts of

HISTORY OF CALIFORNIA. 341

Europe, as to be proscribed by law, and destroyed for
the premium justly set upon their heads. The ab-
sence of food and shelter for their nests in summer,
suitable for the Magpie, on the vast prairies of the
Arkansas and Missouri, particularly in the dry deserts
at the base of the Rocky Mountains, will probably
continue as a perpetual barrier to the eastern migra-
tions of this mischievous species, whose means of
flight and travelling are still more circumscribed than
those of the common crow. They consequently ex-
perience annually, in the terrible vicissitudes of cli-
mate incident to the countries they inhabit; like the
Esquimaux of the Arctic regions, either a feast or a
famine, and are rendered so bold and voracious by
want, that in the vicinity of the northern Andes,
towards Xew Mexico, Colonel Pike was visited by
them in the month of December, in latitude 41°,
while the thermometer was at the dreadful line of 17°
below zero, on the scale of Reaumur. They now
assembled round the miserable party in great numbers
for the purpose of picking the sore backs of their
perishing horses, and, like the ^•ulture of Prometheus,
they did not await the death of the subjects they tor-
mented, but fed upon them still living, till their flesh
was raw and bleeding. They were so bold and
familiar as to alight on the men's arms, and eat flesh
out of their hands.*

To the party of Lewis and Clark, the Magpies
were also very familiar and voracious, so that they
penetrated into their tents, and^ without ceremony,
like the harpies of Virgil, snatched the meat even
from the dishes, preferring the chance of any death

♦ Pike's Journal, p. 170.

29*

342

HISTORY OF CALIFORNIA.

BLUE JAY.

to that of hunger. ' Thej were also frequent attend-
ants on the hunters, and while these were en^raged in
dressing and skinning their game, the Pies would
venture to seize the meat suspended within a foot or
two of their heads.

The Blue Jay [Garrulus cristatus) and the {Garru-
lus Stelleri) according to Farnham, are quite common.

Of the Woodpeckers, the [Oolaptes 3Iexicanus), and
the Flicker or Golden-winged Woodpecker, {ColajAes
auratus), are the only ones found in California.

The latter breeds and inhabits throughout iSiorth
America, from Labrador and the remotest wooded
regions of the fur countries to Florida, being partially
migratory only from Canada and the Northern States,

niSTOKY OF CALIFORNIA.

343

FLICKER.

proceeding to the south in October, and returning
north in April. From the great numbers seen in the
Southern States in winter, it is evident that the prin-
cipal part of the species migrate thither from the
North and West to pass the inclement season, which
naturally deprives them of the means of acquiring their
usual sustenance. At this time also they feed much
on winter berries, such as those of the sumach, smilax,
and misseltoe. In the Middle States, some of these
birds find the means of support through the most in-
clement months of the winter. In New England, they
reappear about the beginning of April, soon after
which they commence to pair and build ; for this pur-

844 HISTORY OF CALIFORNIA.

pose tlicy often make choice of the trunk of a decayed
apple or forest tree, at different heights from the
ground. "When an accidental cavity is not conveniently
found, confident in the formidable means provided
them by nature, with no other aid than the bill, they
have been known to make a winding burrow through
a solid oak for fifteen inches in length. At this labor,
for the greater security and privacy, they continue till
late in the evening, and may be heard dealing blows
as loud and successive as if aided by the tools of the
carpenter.

Mr. Farnham stiys that he saw but two species of
Humming Birds in California. One of these, the
Trochilus rufus, he describes as a delicate, splendid
little creature, less than the common species, and the
most perfect gem in nature. When glancing through
the trees it resembles the flash of a large ruby.

The Northern Humming Bird ( Trochilus coVuhri^)
is the other kind noticed by Mr. Farnham.

This wonderfully diminutive and brilliant bird, says
Nuttall, is the only one of an American genus, of more
than one hundred species, which ventures beyond the
limit of tropical climates. Its approaches towards the
north are regulated by the advances of the season.
Fed on the honeyed sweets of flowers, it is an exclusive
attendant on the varied bounties of Flora. By the
10th to the 20th of March, it is already seen in the
mild forests of Louisiana, and the warmer maritime
districts of Georgia, where the embowering and fra-
grant Grelsemium (Carolina Jessamine), the twin-
leaved Bignonia, and the white-robed Myhcariumj
with a host of daily expanding flowers, invite our little
sylvan guest to the retreats he had reluctantly for-
saken. Desultory in his ' movements, roving only

HISTORY OF CALIFORNIA.

345

NORXnERN HUMMING BIRD.

through the region of blooming sweets, his visits to
the Northern States are delayed to the month of May.
Still later, as if determined that no flower shall
" blush unseen, or waste its sweetness on the desert
air," our little sylph., on wings as rapid as the wind,
at once launches without hesitation into the flowery
wilderness which borders on the arctic circle. Accord-
ing to Richardson, this species frequents the fur coun-
tries up to the 57th parallel, and Mr. Drummond
found a nest of the Humming Bird near the sources
of Elk River in the remote interior of the north, and
we met with it on Lewis's River of the Shoshone, in
the latter part of July.

Of Swallows, Mr. Farnham mentions the Cliff

346

HISTORY OP CALIFORNIA.

THE BARN SWALLOW.

Swallow [Rirundo Lunifro7\s\ the Eank Swallow
(Hirundo riparia), and the Barn Swallow [Hirundo
Americana.) Of this bird Mr. Nuttall says :

Their northern migration extends to the sources of
the Mississippi, the Rocky Mountains, and the fur
countries, where distant from the habitations of man
they inhabit caves, particularly those in the limestone
rocks. They retire from Massachusetts about the
18th of September, and are observed, in the same
month and in October, passing over the peninsula of
Florida on their way to tropical America, where they
probably pass the winter. I have seen a straggling
pair in this vicinity even on the 15th of October. In
the months of January and February the common
Chimney Swallow of Europe has been observed to
moult, by Mr. Pearson of London, and Mr. Natterer
of Vienna; with the latter they survived in cages, to

HISTORY OF CALIFORNIA.

347

which thej are easily reconciled, for eight or nine
years, and showed no propensity to torpidity. The
fleetness with which they move, and the peculiarity of
their insect fare, are circumstances which would impel
a prompt transition to more favorable climates. Acci-
dental fits of torpidity, like those which occasionally
and transiently take place with the Humming Bird,
have undoubtedly happened to Swallows, without
proving any thing against the general migrating
instinct of the species.

The Kingfisher {Aleedo Alci/on), is very common on
the banks of the rivers and Avater-courses of California.
The Night Hawk {^Caprhnulgus Virginianus)^ is also
common.

RUFFED GROUSE.

Mr. Farnham says that there is probably no coun-
try in the world which produces so many varieties of
the Grouse, and in so great numbers as California.
The Great Cock of the Plains [Tetrao Urophasianus),
second only in size and beauty to the cock of the
"Woods of Europe, is plentiful in Northern California.
He is thirty inches long, nearly four feet in extent,
and weighs from seven to ten pounds. The Dusky

348

HISTORY OF CALIFORNIA.

Grouse [Tetrao Ohscurus), less than the preceding in
size, and the Rock Grouse (Tetrao rupestris), is also
common in the mountainous regions. Also the
Ruffed Grouse (Tetrao umhellas)^ called in the South-
ern States, Pheasant, and in the Northern States, the
Partridge, is found here. The White-tailed Grouse
[Tetrao Leucurus), is common in different places, as
also the Pinnated Grouse [Tetrao cupido,) called the
Prairie Hen, of which species the male has a singular
wing-like appendage to the neck.

PINXATED GROUSE.

There are also several species of the Quail in Cali-
fornia. Of the common Quail, called in the Middle
States the Partridge {Ortyx Virginana)^ Nuttallsays:

The Partridge of America, exceedingly prolific, has
extended its colonies from the inclemjent coasts of
New England and the western plains of Missouri to
the mild latitudes of Mexico and Honduras. In
Jamaica, where it has long been introduced and natu-
ralized, the inhabitants distinguish it as the Partridge,
an appellation sufficiently prevalent in various parts

HISTORY OF CALIFORNIA.

349

QUAIL.

of the United States. At the north, this species is
rarely seen to the extremity of New Hampshire, and
this limit, no doubt, is determined by the length and
severity of the winters which prevail in this rigorous
climate. They seldom migrate, except to short dis-
tances, in quest of food, and consequently, often perish
beneath deep drifts of snow, so that their existence is
rendered impossible in the arctic winters of our high
latitudes. Indeed, sometimes they have been so
thinned in this part of the country, that sportsmen,
acquainted with their local attachments, have been
known to introduce them into places for breeding and
to prevent their threatened extermination. So seden-
tary are the habits of this interesting bird, that until
the flock is wholly routed by the unfeeling hunter,
they continue faithfully attached to the neighborhood
of the spot where they have been raised and supported.
Besides this species there are several which appear

30

J]

350 HISTORY OP CALIFORNIA.

CALIFORNIA QUAIL.

to be peculiar to California. The California Crested
Quail [Lophortyx Californica)^ is thus noticed by
Nuttall :

This species, discovered by M^nzies, is wholly con-
fined to the west side of the northern Andes, and is
common throughout the provinces of Upper California,
and the territory of the Oregon.

In small flocks and pairs they are abundant in
Upper California, and are sometimes so gentle and
confidant, as to show but little alarm when approached.
Its manners are very similar to those of the common
American Partridge. The males in spring are often
seen perched on low bushes, where they utter for hours
their peculiar almost crowing call, and in the same
quaint voice with its eastern prototype.

A day or two after my arrival at Monterey in Cali-
fornia, in the evening, returning from a walk, I heard,
as I thought, some Indians or boys calling out in a
loud strain ; but soon found that this cry was answered
at small distances like the crowing of fowls. It was,
in fact, the call of the Tufted Californian Quail,
''¥li, 111 k'h Fh:' About the middle of April, in
the plains round the port of St. Diego, this species
was very abun<lant ; and every now and then in the
day, the male, perched on some low bush or hillock,

HISTORY OF CALIFORNIA. 851

was heard calling out, rather quickly, he Jcai Jcoo,
FkaikoOy which was usually answered by some other
males, to the right and left, who were within hearing.
At this time they were paired. About the middle of
the day, we sometimes surprised small flocks basking
and scratching in the shade of the bushes.

Mr. Townsend met with small coveys of the Plumed
Quail [Lophortyjc Pliimifera), in the woods near the
Columbia River. It is probably more common in
Upper California ; and Douglas's Crested Quail
[Lophortyx Dcfuylasi), and the elegant crested Quail
Lophortyx eleyans, have both been found in Upper
California.

The bays, inlets, and rivers, says Mr. Farnham,
are well stocked with different species of water birds,
and the low lands near the outlets of some of the
streams on the Pacific coast actually swarm with
geese, widgeons, teal, cranes, curlews, snipes, and
various other waders and swimmers.

The "Wild Swan (Cygnus ferus), is the largest of
these water birds. They are by far the largest of the
web-footed water-fowl, and their plumage throughout
is of the purest white. The neck is not more remark-
able for its extreme length than for its majestic per-
sonation of the line of beauty ; its bill, slightly hooked
at the point, of a black coloi', without a tubercle, is
all of an equal breadth, only higher than it is wide at
the base ; the feet are black. The young, pale ash color.
The male is upwards of five feet in length, and more
than eight in the expanse of its wings ; its usual
weight averages from twenty to twenty-five pounds,
and sometimes it will even reach thirty ; the female is
smaller in size. In former days, swans as well as
peacocks were served up at the tables of the great ;

352

niSTOr^Y OF CALIFORNIA.

---c/^

■ ■ ."^^ -

WILD SWAN.

but both have now disappeared from our feasts, and
are retained only for their beauty, their flesh at best
being dry and hard when the birds are full-grown ; yet
cygnets are still occasionally used, but certainly more
for show than taste, as they are not at all comparable
to a good barn-yard chicken. The swan is a long-
lived bird, but it is disputed whether the traditionary
accounts ^vhich allot it a term of more than a century
be correct ; about half that period may perhaps be its
legitimate boundary. The Swan lives almost entirely
upon the water, and feeds chiefly upon aquatic
plants, yet varying its vegetable diet with frogs and
insects.

The Trumpeter Swan [Cygniis buccinator)^ is more
common. It is from this kind that the bulk of the
swan-skins imported by the Hudson Bay Company are
obtained. Douglas mentions a third kind equal in

HISTOKY OF CALIFORNIA.

353

size to the common swan, and of a bluish-grav color
on the back and -^vhite on the belly.

Mr. Farnham gives the following species of geese.
The Laughing Goose (Aiiser albifi-ons), the Snow
Goose [A7iscr hjpohoreus), the Common Wild Goose
{Anser Canadensis), and the Brant Goose (Anser
hernacla.)

THE COMMON WILD GOOSE.

The Common Wild Goose, or Canada Goose, is
larger than the tame <xoose, and slender in its make.
The back and upper parts of the body are brown,
with white spots ; the head and neck black, with a
conspicuous white patch on the throat and lower part
of the cheeks ; the bill is black and the feet lead
colored. It is not, however, confined to Canada, but
extends its migrations from the southernmost borders
of the United States to the most northern points that

30*

23

— ^

854 niSTORY OF cauforkia.

bave been reached bj man ; and thej are marked by
the swiftness of their flight, and the height to which
they soar :

** Vainly the fowler s eye, \

Might mark thy distant flight, to do thee wrong;

As darkly painted on the crimson sky, \

Thy figure floats along.

" Seek'st thou the plashy brink,
Of weedy lake, or n>erge of river wide ;
Or where the rocking billows rise and sink
On the chaffed ocean side ;

" There is a Power, whose care
Teaches thy way along the pathless coast,
The desert and illimitable air,

Lone wandering, but not lost.

" Thou'rt gone ! thy abyss of heaven
Hath swallowed up thy form!"

If few, they fly in one line, but if numerous, in
two, converging to a point like the letter A turned
upside down, and they are always led by an old ex-
perienced gander. They make their appearance in
Hudson Bay in spring, going north, where great
quantities are taken, and salted for a winter's store ;
and on their return in w^inter, they are killed and
frozen up for fresh provisions. They are easily
domesticated, and readily pair with the common gray
goose ; but their wings must be cut to prevent their
absconding, for on the approach of spring they are
always observed to become restless and uneasy, fre-
quently looking up into the air, making attempts to
fly away, and hailing every flock of their wild
brethren that passes over their heads, who always ac-
knowledge and return the salute.

The Barnacle Goose, or Brant Goose, is common
to the northern regions of both continents, emigrat-
ing to more temperate climates in autumn and winter.

HISTORY OF CALrFOIlNI-\.

355

BRA2sT GOOSE.

The most ridiculous fables have been invented con-
cerning the origin of this bird, which was long be-
lieved to be the produce of a kind of shells, hence
called conchoe anatiferoe^ found on certain trees on the
coast of Scotland and the Orkneys, or on the rotten
timber of decayed ^^hips. Abundance of authority
for this absurd fiction may be found in the old books
of natural history.

The White Pelican [PeUcayius Onocrotalus), is
sometimes seen on various parts of the coast. This
bird is as large as a swan, measuring, when fully
grown, from five to six feet from the point of its bill
to the tip of its tail. Its bill, which stretches to six-
teen or eighteen inclies, and two or three in breadth,
forms the distinnruisliin;: sinfrularity of this bird. The
upper mandible is quite fiat, with a small red hook at
the point ; the under consists of two pieces united at

356

HISTORY OF CALIFORNIA.

:N'- •

■ i^JvM.^

THE WHITE PELICAN.

the tip, between which is placed a large dilatable
pouch, of a light straw color, that extends down the
fore part of the neck, and is capable of containing,
"when extended, fifteen quarts liquid measure, and
serving the double purpose of a reservoir and provision
bag, for in this the parent fetches both food and water
to its young. The neck has somewhat of the curva-
ture of the swan, but without its majestic bearing, and
is covered with a short close down ; the head is bare
in front, and flesh-colored, but on the back part has a
tuft of feathers falling down on the neck. The body
is large ; the wings of a moderate size, extremely
light in their bony structure, and capable of receiving
a large quantity of air, which enables it to soar high
and continue long on the wing; the legs are short, and

HISTORY OF CALIFORNIA. 857

bar« above the knee. In an adult bird, the plumage
is almost entirely white, excepting the quill feathers,
which are black ; but as it advances in age, it becomes
tinged with light red or yellow. The White Pelican
is found on the s^a-shore, and on the banks of lakes
or great rivers, in almost every part of the Old World,
with the exception of the arctic regions. In the year
1663, a straggler was shot in England at Horsey Fen.
It feeds on fish ; and when a single bird is in search
of prey, it wheels round and round at the height of
fifteen or twenty feet, and as soon as it perceives a
fish, darts upon it with inconceivable rapidity : should
it miss, it rises, and again repeats the manoeuvre, till
it succeeds ; and, as soon as caught, it is consigned to
its bag, till it accumulates a sufficient store to satisfy
its voracity, with which it retires to some neighboring
rock or tree to eat and digest at leisure, and to sleep
till the call of hunger stimulate it to fresh exertion.
Sometimes, according to Bufi*on, they assemble in large
flocks, and exhibit no small ingenuity in collecting and
securing an abundant meal. This they accomplish by
forming a circular line, and gradually narrowing the
inclosure, till the fishes are driven within a limited
space ; then, upon a given signal, they all plunge into
the water at once, fill their wallets, and return loaded
to land to satiate their gluttony. It builds in rocks,
or in marshy and unfrequented places in low islands
and lakes, and lays two or three white eggs. It is
affectionate and attentive to its young, and from feed-
ing it out of its pouch originated the fable of its
piercing its breast and feeding them with its blood.

Off the Pacific coast may be seen the Albatross, or
Man-of-War Bird, [Diomeda exulans), the biggest of
all aquatic birds, frequently larger than a swan, and

358

HISTORY OF CALIFORNIA.

THE ALBATROSS.

has a wide range upon the ocean, both within and
without the tropics. It has a large strong yellow bill,
terminated by a stout hook on the upper mandible;
the plumage is white, the back and wings marked with
black lines, and the feet a carnation red ; it has only
three toes, webbed. It is a very voracious bird, and
commits great depredations on the salmon, which are
found in shoals at the mouths of rivers in these coun-
tries ; and it is the greatest enemy of the flying-fish,
when forced to seek refuge in the air from the pursuit
of its destroyers in the sea ; nor are its ravages con-
fined to the finny tribes — it makes a prey likewise of
the smaller water-fowl, when it can contrive to surprise
them. In return, however, it finds powerful antago-
nists in the sea eagle, and the skua gull, especially

HISTORY OF CALIFORNIA.

359

after it has gorged itself and become heavy, when it
sometimes paj's the penalty of its gluttonizing. On
the shores of South America, about the end of Sep-
tember, it builds a nest of earth upon the ground, from
one to three feet high, and lays a number of eggs, four
and a half inches long, which are eaten by the natives ;
its flesh is hard and drv, but it also is used for food.
Its voice is said to resemble the braying of an ass.

The Sanderling Plover [Tringa arenaria\ is often
seen on the coast. The numerous flocks keep a low
circling course along the strand, at times, uttering a

SANDERLING PLOVER.

slender and rather plaintive whistle, nearly like that
of the smaller sandpipers. On alighting, the little
active troop, waiting the opportunity, scatter them-
selves about in the rear of the retiring surge, the
succeeding wave then again urges the busy gleaners

-•J

r

:■

I

3t)0 HISTORY OF CALIFORNIA.

before it, when they appear like a little pigmy army
passing through their military evolutions ; and at this
time the wily sportsman, seizing his opportunity,
spreads destruction among their timid ranks ; and so
little are they aware of the nature of the attack, that,
after making a few^ aerial meanders, the survivors
pursue their busy avocations with as little apparent
concern as at the first. The breeding place of the
Sanderling, in common with many other wading, and
aquatic birds, is in the remote and desolate regions of
the north, since they appear to be obliged to quit those
countries in America a little after the middle of
August. According to Mr. Hutchins, they breed on
the coast of Hudson Bay, as low as the 55th parallel ;
and he remarks that they construct, in the marshes, a
rude nest of grass, laying four dusky eggs, spotted
with black, on which they begin to sit about the middle
of June.

The Common or Golden Plover {Charadrius plu-
vialis), is also found on this coast. Indeed the Com-
mon Plover is, according to the season of the year,
met with in almost every part of the world, particu-
larly in Asia and Europe, from Kamtschatka to China,
as well as in the South Sea Islands ; and on the present
continent from Arctic America, where it breeds, to
the Falkland Islands ; it is also seen in the interior^
at least as far as Missouri. They breed in Siberia,
and in the northern parts of Great Britain, but not in
France or Italy, where they are also common. At
such times, they select the high and secluded moun-
tains sheltered by the heath, where, without much
attempt at a nest, they deposit about four, or some-
times five eggs of a pale olive color, marked with
blackish spots.

^

HISTORY OF CALIFORNIA.

361

GOLDEN PLOVER.

Thej arrive on the coast of the Middle and Northern
States in spring and early autumn. Near to Nantas-
ket and Chelsea beach, they are seen, on their return
from their inclement natal regions in the north, by the
close of August, and the young remain in the vicinity
till the middle of October, or later, according to the
state of the weather. They live principally upon
land insects, or the larvae and worms they meet with
in the saline marshes, and appear very fond of grass-
hoppers. About the time of their departure they are,
early in a morning, seen sometimes assembled by
thousands, but they all begin to disperse as the sun
rises, and at length disappear high in the air for the
season. They usually associate, however, in small
flocks and families, and when alarmed, while on the
wing, or giving their call to those who are feeding
around them, they have a wild, shrill and whistling
note, and are at most times timid, watchful, and diili-

t

362 HISTORY OF CALIFORNIA.

cult to approach. Though thej continue associated
in numbers for common safety during the day, they
disperse in the evening, and repose apart from each
other. At daybreak, however, the feeling of solitude
again returns, and the early sentinel no sooner gives
the shrill and well known call than they all assemble
in their usual company. At this time, they are often
cauorht in great numbers by the fowler, with the assist-
ance of a clap-net, stretched before dawn, in front of
the place they have selected to pass the night. The
fowlers now surrounding the spot, prostrate themselves
on the ground when the call is heard, and as soon as
the birds are collected together, they rise up from
ambush, and by shouts, and the throwing up of sticks
in the air, succeed so far in intimidating the Plovers
that they lower their flight, and thus striking against
the net, it falls upon them. In this, and most other
countries, their flesh, in the autumn, and particularly
that of the young birds, is esteemed as a delicacy, and
often exposed for sale in the markets of the principal
towns.

The Cinereous Coot {Fullca Americana) appears
here among the water birds. This bird, says Nuttall,
is found in almost every part of the continent, from the
grassy lakes that skirt the Saskatchewan plains, in the
55th parallel, to the reedy lagoons of East Florida, and
the marshes of Jamaica. To the West, the species seems
to inhabit the waters of the Columbia, in the remote
territory of Oregon. Mr. Say observed them also in the
lower part of Missouri, and in Long's Expedition, they
were seen in Lake Winnipique (lat. 42°), on the Tth of
June. Mr. Swainson has also received specimens from
the distant table-land of Mexico. We may, therefore,
conclude almost with certainty, that the Coot of

HISTORY OF CALIFORNIA.

363

CINEREOUS COOT.

America, indifferent to climate, dwells and breeds in
every part of the North American continent, over a
range of probably more than fifty degrees of latitude !
Nocturnal in their habits, and dispersing themselves
far and wide over every water solitude, they appear, in
many places, to have disappeared for the season, until
the numbers, swelled by their prolific broods, and im-
pelled at the approach of winter to migrate for food,
now begin to show themselves in the lakes, pools, and
estuaries in the vicinity of the sea, from which they
gradually recede towards the south, as the severity
of the season compels them, being unable to subsist
amidst the ice. In this way they proceed, accumu-
lating in numbers as they advance, so that in the in-
undated and marshy tracts of Florida, particularly
along the banks of the San Juan, they are seen in
winter, congregated in vast and noisy flocks. In the
milder latitudes, their whole migrations will be limited
to a traverse from the interior to the vicinity of the

364

HISTORY OF CALIFORNIA.

THE WIDGEON.

8ea, while those which visit the wilderness of Upper
Canada, where they are abundant in the summer, will
probably migrate from twenty-five to thirty degrees
every spring and autumn.

The Widgeon, or Bald-Pate {Anas Americana) is
another California game bird.

The Widgeon, or Bald-Pate, is a frequent attend-
ant on the canvas-back, and often profits by this asso-
ciation. The former, not being commonly in the
habit of diving for subsistence, or merely from caprice,
watches the motions of its industrious neighbor, and
as soon as the canvas-back rises with the favorite
root on which they both greedily feed, the Bald-Pate
snatches the morsel and makes oflf with his booty.
They are always very alert and lively, feeding and
swimming out into the ponds and rivers at all hours
of the day, but are extremely watchful, sheltering in
coves and behind the land, and on the slighest attempt
to steal upon them, immediately row out into the

niSTOIlY OF CALirORNIA.

365

AMERICAN TEAL.

stream beyond gun-sliot, and then only take to wing
when much disturbed.

The American Teal (Anas crecca,) is another valu-
able game fowl.

They are commonly seen on the pools, in close com-
panies of ten or twelve together, frequenting the rivers
and unfrozen springs in winter, where they subsist on
aquatic plants. They fly very swiftly, and utter a
sort of whistling cry. The Teal breeds in the fens,
continuing in the temperate parts of Europe the whole
year. It conceals its nest among the bulrushes, con-
structing it of their stalks, and lining it with feathers ;
it rests also sometimes on the surface on the water, so
as to rise and fall with the flood. The eggs are about
ten or twelve, of a soiled white, indistinctly marked
with brown spots. The female takes the whole man-

31*

» I

1

866 HISTORY OF CALIFORNIA.

agement of incubation ; the males, at this time, seem
to leave them and associate by themselves in com-
panies.

Another interesting specimen of the duck is the
Golden Eye (FuJigida Clangula.) The Golden Eye*
is a common inhabitant of the boreal regions of both
continents, from whence it migrates in small flocks at
the approach of winter, accompanying the velvet,
surf duck, and scoter, in their desultory route in
quest of subsistence. On their way, soon after the
commencement of their adventurous voyage, they
visit the shores of Hudson Bay, and their congenial
lakes in the interior, on which they linger, feeding on
tender and small shell-fish, until debarred by the in-
vasion of frost. They breed in all parts of the deso-
late and remote fur countries in great numbers,
frequenting the rivers and fresh-water lakes, on whose
borders they pass the period of reproduction, malting
a rude nest of grass, and protecting the necessary
warmth of their eggs by a layer of feathers or down
plucked from the breast. According to Linnaeus it
lays from seven to ten white eggs, which it often con-
ceals and protects with its nest in hollow trees. And
Skioldebrand adds, that in common with the velvet
duck, it breeds abundantly in Lapland, on the banks
of the Tornea, within the Arctic circle, and nearly to
the northern extremity of Europe. The inhabitants,
for the value of the eggs, take the trouble to accom-
modate these useful and almost domestic birds, by
attaching hollowed pieces of wood to the stunted
pine trees in which they ordinarily breed. They
extend their summer residence as far as Northern

* NuUall.

HISTORY OF CALIFORNIA. 867

Asia and Greenland, yet in Europe some pairs
are observed to propagate even in temperate coun-
tries.

Although furnished vnth a remarkably complicated
trachea in the male, and the name clang ula, ^ve can-
ntDt learn that they ever possess any audible voice.
When flushed they rise in silence, and we then only
hear, instead of a cry or a quack, the very percep-
tible and noisy "whistling of their short and laboring
wings, for which reason they are here sometimes
called by our gunners the Brass-Eyed Whistlers. In
their native haunts they are by nu means shy, allow-
ing the sportsman to make a near approach, as if
conscious at the same time of their impunity from
ordinary peril, for no sooner do they perceive the
flash of the gun, or hear the twang of the bow, than
they dive with a dexterity which sets the sportsman
at defiance, and they continue it so long and with
such remarkable success that the aboriginal natives
have nick-named them as conjuring or " spirit ducks."

The food of the Golden Eye, for which they are
often seen diving, consists of shell-fish, fry, small rep-
tiles, insects, small Crustacea, and tender marine
plants. In and near fresh waters they feed on fluvia-
tile vegetables, such as the roots of Equisetums, and
some species of PoJyijonum. Their flesh, particu-
larly that of the young, is generally well flavored,
though inferior to that of several other kinds of ducks.

The Rocky Mountain Golden Eye [Clangula Bar-
rovii), also occurs in these regions. The habits of
this species, so nearly related to the preceding, are
said to be wholly similar. It has hitherto been found
only in the valleys of the Rocky Mountains. Besides
the permanent difference in the bill, this species is

368

HISTORY OF CALIFORNIA.

THE IIARLEQUIX DUCK.

further distinguished by the purer color of its dorsal
plumage, and the smaller portion of ^^^hite on its wing
and scapulars. Its long flank feathers are also much
more broadly bordered all round with black.*

The Harlequin Duck [Fuligula Illstrionica) is
common to both continents. This singularly marked
and beautiful species is almost a constant resident of
the hyperboreal regions of the northern hemisphere,
from which it migrates but short distances towards
more temperate latitudes, and is as in Europe a rare
and almost accidental visiter as far as the Middle
States of the Union. It is however more frequent in
Eastern Europe up to Greenland ; and common from
Lake Baikal to Kamtschatka. Now and thep it is
killed in Scotland and the Orkneys. Dr. Richardson
found it to be a rare bird in the fur countries, haunt-
ing eddies under cascades, and rapid streams, where
it dwells and breeds apart from all other ducks. In
Kamtschatka it affects the same retired and remark-

Nuttall.

1

HISTORY OF CALIFORNIA. 8G9

able romantic situations ; like the alpine cinclus, it
seeks out the roost rocky and agitated torrents, in
such situations it has been seen in the rivulets of Hud-
son Bay, as much as ninety miles inland from the
sea ; here it seeks out its appropriate fare of ^pawn,
shell-fish and the larva? of aquatic or fluviatile insects.
On the low bushy and shady banks of these streams
it constructs its nest, ^Yhich contains from twelve to
fourteen pure white eggs. On the margins of fresh-
water ponds in Labrador Mr. Audubon also observed
this species, and he remarks, that instead of rearing
their young in the same situations chosen for breeding,
as with the velvet and surf duck, it conducts its brood
to the sea as soon as they are hatched. Its flight is
hifrh and swift ; and it swims and dives with the ut-
most dexterity. So ^rreat is its confidence in the
security of its most natural element, that on the re-
port of a gun over the water, it instantly quits its
flight and dives at once with the celerity of thought.
It is said to be clamorous, and that its voice is a sort
of whistle; the anatomy of the trachea is however,
unknown, and it is not said whether this sibilation be
really produced from the throat or the wings, as is
the latter case in the common clangula or golden eye.
Driven from their solitary resorts in the interior by
the invasion of frost, they are now seen out at sea
engaged in obtaining a difl*erent mode of subsistence.
Amidst these icy barriers they still continue to endure
the rigors of winter, continually receding farther out
to sea, or making limited and almost accidental visits
to milder regions. AVhen discovered, they display
the utmost vigilance, and instantly take to wing. It
is considered to be a game superior in flavor to the
common wild duck. From the singular and beautiful

.-J

21

870

nrSTOFvY OF CALIPORXIA.

crescent-shaped lines and marks -which ornament ita
neck and breast it has probably come by the dignified
appellation of lord, among the fishers of Newfound-
land. It is here too rare to have acquired any par-
ticular name.*

THE LONG-TAILED DUCK.

The Long-Tailed Duck {Fuligula Crlacialis) is
often seen among the water birds on the Pacific shores.
This elegant and noisy duck, known so generally in
the Southern States by the nickname of * South-
Southerly,' from its note, and, in most other parts by
the appellation of * Old Squaws' or ' Old Wives,' is
an Arctic inhabitant of both continents, and abounds
in the glacial seas of America, where it is seen com-
monly associated with the eider, surf, black and <?ther
ducks of congenial haj^its, who invariably prefer the

• Nuttall.

n.

IIISTOriY OF CALIFORNIA. 371

frail but, to tliem, productive dominion of the sea to
tlie land or its more peaceful waters. So strong is
the predilection of this species for its frigid natal
climes and their icy liarricrs,* that it is seen to linger
in the north as long as the existence of any open
■water can be ascertained ; when tbe critical moment
of departure, at length approaches, common wants
and general feeling begin so far to prevail as to unite
the scattered families into numerous flocks. They
now proceed towards the south, and making a halt on
the shores and inland lakes round Hudson Bay,
remain until again reluctantly driven towards milder
climes. They arc the last birds of passage that take
leave of the fur countries. Familiar with cold, and
only driven to migrate for food, in the latter end of
August, when already a thin crust of ice is seen
forming in the night over the still surface of the
Arctic Sea, the female Harelda is observed ingeni-
ously breaking a way vfiih. her wings for the egress
of her young brood.

According to the state of the weather we conse-
quently observe the variable arrival of these birds.
In October they generally pay us a visit, the old al-
ready clad in the more dazzling garb of winter. The
young sometimes seek out the shelter of the fresh-
water ponds, but the old keep out at sea. No place
in the Union so abounds with these gabblers as the
Bay of Chesapeake. They are lively, restless and
gregarious in all their movements, and fly, dive, and
swim with unrivalled dexterity ; and subsist chiefly
upon small shell-fish, and marine plants, particularly
the zostera or grass-wrack. Late in the evening, or

• NutlalL

372 HISTORY OF CALIFORNIA.

early in the morning, towards spring more particu-
larly, vast flocks are seen in tlie bays and sheltered,
inlets, and in calm and foggy weather we hear the '
loud and blended nasal call reiterated for hours from
the motley multitude. There is something in the sound
like the honk of the goose, and as far as words can ex-
press a subject so uncouth, it resembles the guttural
syllables 'ogh oiigh egli^ and then 'ogli ogli ogh ough
egh, given in a ludicrous drawling tone : but still with
all the accompaniments of scene and season, this
humble harbinger of spring, obeying the feelings of
nature, and pouring forth his final ditty before his
departure to the distant north, conspire with the
novelty of the call, to please rather than disgust
those happy few who may be willing " to find good in
every thing." This peculiar cry, is well known to the
aboriginal sons of the forest, and among the Crees
the species is called '-'• Hah-ha-ivay,'' so much like the
syllables I have given above, that many might
imagine my additions no more than a version of the
same.

The Velvet Duck [Fuligula fusca) is another beau-
tiful species of this genus.

The Velvet Duck is common to the northern regions
of both continents, where it retires late in the spring
to pass the period of reproduction. Like the preced-
ing, they live principally upon the sea and its pro-
ductions, diving often in broken water for shell-fish
and other marine bodies. They breed along the
Arctic coast and around Hudson Bay and Labrador,
retiring inland for the purpose ; nesting contiguous to
small fresh-water pools in the shelter of juniper or
pine bushes, laying from eight to ten white eggs,

HISTORY OF CALIFORNIA.

373

VELVET DUCK.

which the female closely covers with her elastic feather.
The young are attended by the female only, who
remains with her brood in these seclusions until they
are nearly ready to fly. She also makes a show of
defending them, and the young themselves often by
their great alertness in diving escape the attacks of
their enemies. They are abundant in the Orkneys
and Hebrides, as well as in Norway, Sweden and Lap-
land; and arc common in some parts of Siberia and
Kamtschatka. Near Kengis, on the banks of the
Tornea in Lapland, a little beyond the 67th parallel,
Skioldebrand remarked them nesting in trees, particu-
larly pines, accompanied by the golden eye [Fuligula
clanglua). The inhabitants, he also adds, knowing the

32

874 HISTORY OF CALIFORNIA.

trouble they have in forming their nests, attach hol-
lowed pieces of wood to the trees for their conve-
nience ; and in recompense receive a quantity of their
eggs, which supply the place of those of the common
fowl, no longer found to endure the severity of these
hyperboreal climates.

On the commencement of incubation, the males
leave the land and again assemble together in flocks
out at sea. In the moulting season, which soon after
takes place among these seceding birds, the natives at
Ochotska to the number of fifty or more, in the same
manner as the Indians of the Bay of Fundy, taking
advantasre of the flood tide, drive the whole flock
before them up the river, in canoes, and as soon as
the water ebbs, they despatch them with clubs in such
numbers that each individual often comes in for twenty
or thirty to his share.

The Velvet Duck is said to return late to its breed-
ing quarters in Sweden, the eggs being sometimes
found fresh as late as the beginning of July. In April
they are seen, in cloudy weather more particularly,
proceeding steadily on the wing in large flocks towards
their northern destination. At these times they fly
low in an irregular angular phalanx, making a straight
course just outside of the land, and are perfectly silent
and intent on their voyage. In the spring of 1831, I
saw them thus migrating by thousands, though not
more than twelve to twenty associate in any one flock.
They proceed in all probability to the very extremity
of the Union, in the course of the winter, are very
abundant in the Bay of Chesapeake, being usually
accompanied by the scoters, and are taken sometimes
in the same nets with* them. With the other dark

HISTORY OF CALIFORNIA. 375

Bpecies of this subgenus tliey are here known by the
appellation of Coots, and these are distinguished by
the name of the White-Winged kind. Whether from
their nocturnal habits or what other cause, I cannot
pretend to say, when they have been seen in Fresh
Pond, which they sometimes visit, at least the young,
their heads have been observed nodding, as though
they were oppressed by sleep ; and we sometimes here
have a saying of being as sleepy as a Coot. The
flesh of the old bird is strong, dark, and sedgy, yet
they are much sought after in this quarter, and often
exposed for sale in the market, particularly the young
birds whose flavor is more tolerable. They arrive in
New England from the north about the close of Sep-
tember, and according to Richardson, spend some
time on the coasts of Hudson Bay and the lakes of
the interior previous to their departure for the south.*
The Cormorant [Phalacrocorax carho). This uncouth
and gluttonous bird is plentiful on the rocky shores
of Great Britain, Holland, France, and Germany.
On the shores of the Caspian they are sometimes seen
in vast flocks, and are frequent on Lake Baikal.
They inhabit China, the coast of the Gape of Good
Hope, and are common in the Phillippine Islands,
New Holland, New Zealand, and other neighboring
regions. At Nootka Sound, and in Kamtschatka
they have been observed by various navigators ; and
are found in North America, from Hudson Bay and
Labrador, to the coasts of Carolina and Georgia. They
are not however common in the central parts of the
United States, though they penetrate into the interior
as far as the Missouri liiver. They breed, and are

• NuttalJ.

376

HISTORY OF CALIFORNIA.

CORMORANT.

seen in the vicinity of Boston on bare and roclcy
islands, nearly throughout the year, and in all places
appear shy, retiring and sedentary, enduring the most
Bevere weather with impunity, and only removing sea-
wards or south in the depth of winter for the purpose
of acquiring food. Mr. Aububon found them breeding
on the ledges of almost inaccessible rocks at Grand
Manan Isle, in the Bay of Fundy. Their eggs are
three to five, white, roughened with a calcareous in-
crustation, and small for the size of the bird. They
appear very wary and shy, and feed their young with

i[

niSTOKY OF CALIFORNIA. 3T7

great assiduity, whose voice at this time resembles the
hissing of snakes.

The Cormorant is a very dexterous and voracious
fisher, committing great havoc when it visits pools
and lakes ; but it almost constantly resides on the sea
shores, and is seldom seen inland. Swimming beneath
the water with the velocity of a dart in the air, and
remaining a long time submerged, its prey scarcely
ever escapes, and it almost always rises with a fish in
its bill, to swalloAv which it employs the expedient of
tossing it into the air, and dexterously catches the
head in its descent, so that the fins lie flat, and thus
favor the passage down the throat ; the small pouch
at the same time stretches so as to admit the whole
body of the fish, which is often very large in propor-
tion to the neck, and it there remains undergoing a
preparatory digestion previous to its passage into the
lower part of the stomach.

In some countries, as in China, and formerly in
England, the dexterity of the Cormorant in fishing
was turned to profit ; for, by buckling a ring about
the lower part of the neck, to prevent deglutition, and
accustoming it to return with its acquisitions in the
bill to its master, it was made a useful and domestic
fisher. On the rivers of China, Cormorants, thus
fixed, are perched on the prows of boats, and at a
signal made by striking the water with an oar, they
instantly plunge, and soon emerge with a fish, which
is taken from them ; and this toil continued till its
master is satisfied, he looses the collar, and finishes
the task by allowing it to fish fo^j itself. But it is
only hunger which gives activity to the Cormorant ;
when glutted with its meal, which is soon acquired, it
relaxes into its native indolence, and dozes away the

32*

378

HISTORY OF CALIFOENIA.

'•'n.'Trrti/^:

SEA DOTTEREL.

greatest part of its time in gluttonous inebriety,
perched in solitude on naked and insulated or inacces-
sible rocks to which it prudently retires for greater
safety from the intrusion of enemies.

The Turnstone, or Sea Dotterel, {Strepsilus inter-
pres) is also a visiter in California.

This singular marine bird is not only common to
the whole northern hemisphere, but extends its colo-
nies even to Senegal and the Cape of Good Hope, in
the southern half of the globe. Their favorite breed-
ing resorts are, however, confined to the inclement re-
gions of the north, to which they are in no haste to
return, but linger along the coast in the temperate
climates for several months, before they attain to the
remote and desolate shores of their nativity. Their
southern progress in America, is in all probability
continued as far as the tropics, since their race even
extends itself into the other hemisphere. Buffon, in
fact, figures a specimen of the young bird from Cay-
enne. In New Jersey, according to Wilson, they

HISTORY OF CALIFORNIA. 379

arrive in the month of April, and there linger until
June, very soon after which thcj are seen at their
breeding quarters, on tlie shores of Hudson Bay, and
along the desolate strand of the Arctic Sea, -where
they have been met -with by the northern navigators,
as far as the 75th parallel. They already begin to
depart from these remote boreal regions in August, in
"which month, and even towards the close of July, I
have seen young birds for sale in the market of Bos-
ton. They visit the shores of Great Britain also
about the same time, arriving thence probably from
the Arctic shores of Siberia. Five or six weeks
later, they. are observed to visit the borders of the
Delaware, and proceed onward to the south as the
weather increases in coldness. The most southern
summer residence of this species known, if Mr. Flem-
ing oe correct, is the Scottish isle of Zetland. They
are also said to inhabit the isles of the Baltic durinfir
summer. In a mere depression of the sand or gravel,
along the sea coast, it is said to drop its eggs, which
are four in number, and according to Mr. Ilutchins,
are of an olive green, spotted with blackish brown.

It is naturally of a wild and solitary disposition,
coursing along the shore by pairs, or in small families
which have been bred together. In the months of
May and June, in New Jersey, they almost wholly
feed upon the spawn of the king-crab, or horse-foot,
(^Monoculus pohjphcmuSy Lin.) which affords them
and other animals an abundant and almost inex-
haustible supply.

We could easily extend this list of the quadrupeds
and birds of California much further ; but we have
already shown that the country abounds in game ad

380

HISTORY OF CALIFORNIA.

well as in the various other objects of interest which
form the study of the zoologist.

All writers agree that the waters of California
abound in fish in a most extraordinary degree. Num-
berless varieties of sea fish literally swarm oflf the
coast, and the rivers abound in valuable kinds suitable
for the table. Shell fish are also abundant ; oysters,
the pearl shell, already referred to, clams and several
species of the haliotis are found. Salmon which are

known to be so abundant in the Columbia Rivera are
not less so in the San Joaquin and Sacramento. Two
or three thousand, according to Farnham, are some-
times taken in a day. The Indians take them in a
basket of wicker work like a lobster basket, as they
pass up the rivers in the spring. They are also very
skilful in spearing them. The fish are preserved by
drying and salting.

STURGEON.

The Sturgeon {Accipenscr transmontanus\ is found
in the large rivers eight or ten feet in length, and
weighing five hundred pounds.

HISTORY CF CALIFORNIA.

381

In the Bay of Monterey there are great numbers of
the Mackerel and a fish similar to the Sardine. Por-
poises are seen playing and spouting in the hays, and
the whale is found off the coast.

PORPOISE.

Mr. Farnham enumerates among the fishes, the
halibut, skate, turbot, and bonito. But these of course
form but a yery small part of that immense yariety
which are found on the coast where the fish of the
tropical regions are mingled with those which people
the waters of the north.

In the plants and trees of California there is a yisible
field for the future explorations of the botanist. In
the vegetable as in the animal kingdom, we find the
products of yarious latitudes from the tropics to the
arctic re^^ions all minted to;:jether. Seyeral yarieties

O CO

of the pine are found, the most remarkable of which
is the Pinus Douglasii, first described by Douglas.
In the mountains about the Bay of San Francisco, the
Colorado River, and other parts of Upper California
specimens of this tree are found two hundred and forty
feet high, the bases of whose trunks are nearly sixty
feet in circumference. The trunk, says Farnham,
is quite destitute of branches until above more than
half the altitude, when they grow outward and upward

382 HISTORY OF CALIFORNIA.

in such a manner as to give the top the form of an
inverted pyramid. From the ends of the bra aches
hang the cones or seed-vessels, from twelve to fifteen
inches in length, and egg-shaped. The seeds are as
large as a good-sized bean, and furnish a common arti-
cle of food to the Indians, who collect large quantities
of them in the autumn, and pound them into a kind of
cake, which is baked on heated stones. The wood is
very fine-grained, and contains a great quantity of
resin.

The Pinus Sahinii, P. Lamhertiana, P. 7iobUs,
and P. resinosa, are also fine species, though less in
size than their gigantic relative. The former is, how-
ever, a large tree, being often found one hundred and
ten feet high, and from ten to twelve in diameter.
Among the elevated plains of Upper California it
grows quite plentifully, as also on the low hills, near
the coast, where it attains a larger size. The natives
frequently build their fires against these trees to save
the trouble of collecting fuel. By this means, also, a
sweet gum is made to exude from the trunk, which
serves them for sugar.

Mr. Farnham also mentions among the trees of
California, the White Oak, Live Oak, Maple, Ash,
Beech, and Chestnut.

The flowering shrubs and plants of California are
yery numerous. Mr. Farnham says :

It is impossible to give a full description of the
flowering shrubs and plants of Upper California, so
great is their variety and beauly. We have only
space to notice a few of the most conspicuous. A
species of Raspberry, Rihes speciosum, is one of the
most elegant flowering shrubs of the country. It is
exceedingly abundant in some localities, and, with its

HISTORY OF CALIFORNIA. S83

long crimson stamens and its deep green leaves, pre-
sents an appearance truly lovely. The flowers bloom
early in spring. The fruit I have not seen. In many
places are found several species (*f 3Iiniuh(S, one of
which is from three to four feet in height, and is a
very showy plant. This country also has numerous
species of Phlox and IR'ucIiera, and innumerable
quantities of Epilohium^ Enothera or Primrose,
Pentstemon^ Xapaver or Poppy, Delpliiniiun, and
Salvia. A species of lily also grows here, the roots
of which are eaten by the natives. The Scilla escu-
lenta grows along the whole coast of Upper California.
This is called by the natives " Quamash," and the
root forms a very common article of food. To prepare
this for eating, a hole is made in the ground, and a
number of stones placed in it, on which a fire is
kindled, and kept burning until they are made hot,
when the fire is extinguished, and the roots wrapped
in straw, leaves, and moss, and placed upon them.
They are well roasted in a few hours ; and are then
taken off and hung up to dry. This root is also some-
times pounded and made into cakes, which are pre-
served for future use. The taste is sweet, and rather
agreeable ; but if eaten too freely, they are apt to
produce diarrhoea. This plant is most abundant on
the banks of rivers and on lowlands by the margins of
forests ; in which localities are also found several
species of Pyrola^ Caprifolium^ and Lupi?ius, which
sometimes cover an immense extent of land. The
Arbutus is also abundant in similar situations. The
large species, A. procera, is a fine shrub, frequently
attaining a growth which entitles it to be called a tree.
The A. uva ursi is found in almost every part of the
colder sections of the country, and its berries are fre-

rr

I

384 HISTORY OF CALIFORNIA.

quently eaten bj the natives, and even by travellers.
A very useful plant to the natives is the Helonias
tenax, the fibres of which are stronger than any hemp.
Cords made of this are used by the Indians for the
purpose of snaring deer and other animals ; and one
the thickness of the little fin;]^er is so stronfi; as not to
be broken by the largest elk.

The Gooseberry grows in Upper California, and
bears plentifully. The sand-hills and moors are
covered with a great variety of Syngenesious plants,
and on the more fertile and humid soil grows a gaudy-
flowered Currant-bush and a pretty species of Honey-
suckle. Perhaps the most remarkable shrub here is
the Yedra, a poisonous plant, which, however, affects
some particular constitutions only. By contact with
the skin, it produces tumors and violent inflammation.
It is a slender shrub, preferring cool and shady places,
and bearing a trefoil crenated leaf. Two roots — the
plants of which I have not seen — are used by the
natives for soap; these are called Aiyiole and Samate.
On the rocky coast south of Monterey are immense
collections of sea-weed — Fucus pi/rifornis — which are
said to have gathered there in such abundance, as to
have saved several vessels from splitting on the rocks,
when driven on them by the tempest.

A resident in California writing to a member of
Congress, thus speaks of the vegetable productions
and appearance of the country.

I know you will ask me for reasons for this. Apart
from the gold, and the people who have, are coming,
and will come, to possess it, I can give you one, and
you not having seen for yourself cannot appreciate
the truth of my remarks. All I can do is to ask you
to rely upon my assertion, which in its terms falls

HISTORY OF CALIFORNIA. 385

short of what the reality would appear to you were
you here. Our country is a continued succession of
mighty mountain ranges, perpetually snow-capped,
and peopled with the grisly bear, between which high
and lofty mountains are deep, beautiful, fertile and
luxuriant valleys, which have no superiors and few
parallels in America, either for richness of soil or beauty
of landscape. Wheat, barley, oats, kc, grow here
finer than in any State in the Union. The grains are
generally produced without irrigation ; but with irri-
gation, you can have a succession of two or three
crops a year. Our coldest weather does not exceed
that of New Orleans, never seeing more than a slight
white frost, while for six months of the year you can
see from where you stand, at any time, the terrible
snow storm raging on the mountain tops, while the
landscape at your feet is covered with Flora's most
lovely variety of flowers. Our valleys are mostly
prairies, with timber enough for fires and fences, but
none for lumber. The latter is to be had in the moun-
tains. The gigantic trees down in Maine are mere
bushes to our pines, redwood, hemlock, spruce, and
firs, from three hundred to five hundred feet in
height, and twenty, nay, up to thirty feet in diameter
— as straight and tapering from the root to the top
(the latter only as big as your finger) as if they had
been turned in a Jathe by a skilful mechanic. Such
forests, both as to timber and extent ! — You cannot
realize the idea I wish to convey. I once helped to
fell some of these gigantic trees, with my own hands,
to make fire to keep from freezing, while in a terrible
storm of fourteen days and nights, exposed to all its
furies, without any covering but the skies. When we
at last reached the Sacramento valley, the contrast

33

25

386 HISTORY OF CALIFORNIA.

was indescribable — it was one extended flower-bed and
grass-plat !

Of the mineral riches of California we have already
given so full an account in the previous chapters of
this work, that it is unnecessaiy to advert to it in this
connexion. In justice to Mr. Farnham, however, we
cannot omit to quote a passage from his excellent
work '' Life, Adventures, and Travels in California,"
published before the discovery of the gold mines, in
which the future destiny of California is distinctly
foretold.

"No doubt is entertained by those best acquainted
with the Californias, that they will become, when
science shall be applied in the development in their
wealth, one of the richest mineral provinces in America.
This belief is much strengthened by the fact, that the
Indians, whenever they choose, can bring into the
settlements large quantities of these ores, which they
either find on the surface, or pry from the crevices of
the rocks with sharpened sticks, bones, or hunting
knives. They cannot be induced to show the whites
where they obtain these, on account of an old tradi-
tional superstition, that if they should do so, they
would immediately die."

APPENDIX.

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 ofiice) 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 wi^sely made, and that the govern-

387

388 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., 1840.

(Signed) B. Kiley,

Brevet Brig. General, U. S. A., and Governor of
California. '

(Official) ^ II. W. Halleck,

Brevet Captain and Secretary of State.

WE THE PEOPLE OF CALIFORNIA, GRATEFUL TO AL-
MIGHTY GOD FOR OUR FREEDOM, IX ORDER TO
SECURE ITS BLESSINGS, DO ESTABLISH THIS CON-
STITUTION : —

ARTICLE I.

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. 389

Sec. 3. 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.

Sec. 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.

Sec. 5. The privilege of the writ of liahem 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.

Sec. 7. All persons shall be bailable, by sufficient
sureties: unless for capital offences, when the proof is
evident or the presumption great.

Sec. 8. No person shall be held to answer for a
capital or other^Nise 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

33*

390 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. 13. 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 to
be prescribed by law.

HISTORY OF CALIFORNIA. 391

Sec. 14. Representation sliall be apportioned ac-
cording to population.

Sec. 15. No person sliall 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.

Sec. 17. Foreigners who are, or who may here-
after become, bona Jide 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, Neitlier slavery^ nor involuntary servi-
tude^ unless for the punishment of crimes, shall ever
he 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.

J

392 HISTORY OF CALIFORNIA.

ARTICLE IL

RIGHT OF SUFFRAGE.

Sec. 1. Every -nhlte 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 30th 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 suifrage, Indians or the descendants of Indians,
in such special cases as such a proportion of the legis-
I 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 shaH
be deemed to have gained or lost a residence by rea~
son of his presence or absence while employed in the
service of the L^nited States ; nor while ensra^ed in

' DO

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. 393

almshouse, or other asylum, at puLlic expense ; nor

Yrhile 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.

Sec. 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.

Sec. 1. The legislative power of this State shall
be vested in a Senate and Assembly, which shall be
desiirnated the Le^jislature 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."

Sec. 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

394 HISTORY OF CALIFORNIA.

chosen annually, by the qualified electors of their

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.

Sec. 4. Senators and Members of Assembly shall

be duly qualified electors in the respective counties

and districts which they represent.

Sec. 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 election.

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 efiect, 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. 395

Sec. 10. Each house shall determir?e the rules of
its own proceedings, and may with the concurrence
of two-thu'ds of all the members elected, expel a
member.

Sec. 11. Each ]io\he shall keep a journal of its own
proceedings, and pubhsh 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. 13. 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. 1G. Any bill may originate in either house of
the Legislature, and all bills passed by one house may
be amended in the other.

Sec. it. 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-

396 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.

Sec. 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-
cretary^ 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 CALIFOR^'IA. 397

term, except such oiEce as may be filled bj 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 docs not exceed five
hundred dollars per annum, shall not be deemed lucra-
tive.

Sec. 22. Xo 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 efi'ect during
the term for which the members of either house shall
have been elected.

Sec. 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,

34

398 HISTORY OF CALIFORNIA.

the act revised, or section amended, shall be re-
enacted and published at length.

Sec. 26. No divorce shall be granted by the Legis-
lature.

Sec. 27. No lottery shall be authorized by this
State, nor shall the sale of lottery tickets be allowed.

Sec. 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.

Sec. 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 be-
longing to another district ; and no county shall be

HISTORY OF CALIFORNIA. 399

divided, in forming a congressional, senatorial, or
assembly district.

Sec. 31. Corporations may be formed under gene-
ral laws, but shall not be created by special act, ex-
cept for municipal purposes. All general la%Ys 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. 33. 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 sued,
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 ; ])ut 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. 35. 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 liable for his proportion of all Its debts and
liabilities.

Sec. 37. It shall be the duty of the Legislature to

400 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 municinal
corporations.

Sec. 38. In all elections by the Legislature, the
members thereof shall vote viva voce, and the votes
shall be entered on the journal.

ARTICLE y.

EXECUTIVE DEPARTMENT.

Sec. 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.

Sec. 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. 3. 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.

Sec. 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. 401

more have an equal and the highest number of votes,
the Legislature shaJ by joint-vote of both houses,
choose one of said persons, so having an equal and
the highest number of rotes, for Governor.

Sec. 5. The Governor shall be commander-in-chief
of the militia, the army, and navy of this State.

Sec. C. lie 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. T. 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.

Sec. 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.

Sec. 11. m case of a disagreement between the
two houses, with respect to the time of adjournment,
the Governor shall have power to adjourn the Legis-
lature to such time as he may think proper ; Provided
it be not beyond the time fixed for the meeting of the
next Legislature.

34*

20

402 HISTORY OF CALIFORNIA.

Sec. 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 i-elative 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."

Sec. 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.

Sec. 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. 403

sidcnt 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-
abilitv shall cease.

Sec. 17. In case of the impeachment of the Go-
vernor, or his removal from office, death, inability to
discharge the powers 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
disability 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, he 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. 10. The Secretary of State shall be appointed
by the Governor, by and with the advice and consent
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.

404 HISTORY OF CALIFORNIA.

Sec. 20. The Comptroller, Treasurer, Attorney-
General and Surveyor-General,* shall be chosen by
joint 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.

Sec. 3. 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 ; provided that the Legisla-

HISTORY OF CALIFORNIA. 405

ture shall, at its first meeting, elect a Chief 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 and
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. G. 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-

J

406 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, ex-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 OP CALIFORNIA. 407

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 elected 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.

408 HISTORY OF CALIFORNIA.

Sec. 18. The style of all process shall he " 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 VIL

MILITIA.

Sec. 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. OfiBcers of the militia shall be elected, or
appointed, in such manner as the Legislature shall
from time to time direct ; and shall be commissioned
by the Governor.

Sec. 3. The Governor shall have power to call forth
the militia, to execute the laws of the State, to &up-
press insuiTections, and repel invasions.

ARTICLE VIIL

statedebts.

The Legislature shall not in any manner create any
debt or debts, liability or liabilities, 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 oi liability, as it falls due, and
also pay and discharge the principal of such debt oi

HISTORY OF CALIFORNIA. 409

liability -within twenty years from the time of the
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.

Sec. 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 L'nited 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 L'nion, approved
A. D. 1841 ; and all estates of deceased persons who

35

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410 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 Legislature 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
durinn:; such ne";lect.

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 as
may be, to provide effectual means for the improve-
ment and permanent security of the funds of said
University.

HISTORY OF CALIFORNIA. 411

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-
inor the time of makino^ such choice. And if, in the
Legislature next chosen, as aforesaid, such proposed
amendment or amendments shall be an;reed 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 votinjr thereon, such amendment or amendments
shall become part of the Constitution.

Sec. 2. And if, 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 electors
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

412 HISTORY OF CALIFORNIA.

•s\itliln 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 XL

MISCELLANEOUS PROVISIONS.

Sec. 1. The first session of the Legislature shall be
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.

Sec. 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 aat 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.

Sec. 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 oath or affirmation.

" I 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. 413

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. T. 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 tovor in aid of, any indi-
vidual, association, or corporation ; nor shall the
State, directly or indirectly, become a stockholder in
any association or corporation.

Sec. 11. Suits may be brought against the State,
in such manner, and in such courts, as shall be directed
by law.

Sec. 12. No contract of marriage, if otherwise

35*

414 HISTORY OF CALIFORNIA.

duly made, shall be invalidated, for want of confor-
mity to the requirements of any religious sect.

Sec. 13. 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
toAvn 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 Aaving given or ofi'ered 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
suftVage shall be supported by laws regulating elec-
tions, and prohibiting, under adequate penalties, all

I

I

i

HISTORY OF CALIFORNIA. 415

undue influence llieroon, from power, bribery, tumult,
or other improper practice.

Sec. 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
lono-itude west from Greenwich, and runnino; 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 I

to the River Colorado, at a point where it intersects I

the 35th degree of north latitude ; thence down the
middle of the channel of said river, to the boundary j

line between the United States and Mexico, as esta- j

blished by the treaty of May 30th, 1848 ; thence run- i

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- 1

in<T the direction of the Pacific coast to the 42d dofz;rec i

of north latitude ; thence on the line of said 42d I

degree of north latitude to the place of beginning.

416 HISTORY CF CALIFORNIA.

Also all tlie islands, liarbors 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 eflfect, to courts created by the
same.

Sec. 3. Li order that no inconvenience may result
to the public service, from the taking eflfect 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 appl}^ 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. 417

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 dav afore-
said, in their respective districts. The election shall
be conducted in the manner v.hich 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-
iiig 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 receive 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
^'4ted 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

27

418 HISTORY OF CALIFORNIA.

the receipt of suid 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. 419

dent pro tempore^ until the Lieutenant-Governor shall
be installed into office.

Sec. 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.

Sec. 11. Tlic 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 organiz.ition, proceed to elect two Senators
to the Congrcs; 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, Avhen 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. 13. 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 sooi\
thereafter as practicable.

Sec. 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 districts

420 HISTOPvY OF CALIFORNIA.

of Santa Barbara and San Luis Obispo sball jointlj
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 ©f Sacramento^
four senators ; and the district of San Joaquin, four
senators : — xind 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 Lieutenant-
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.

421

nnder 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.
Wm, G. Marcy, Secretary.

J. Aram,

C. T. Botts,

E. Brown,

J. A, Cariilo,

J. M. Covarrubias,

E. 0. Crosby,

P. De La Guerra,

L. Dent,

M. Dominguez,

K. H. Dimmick,

A. J. Ellis,

S- C. Foster,

E. Gilbert,

W, M. Gwinn,

H. W. Halleck,

Julian Hanks,

L. W. Hastings,

Henry Hill,

J. Hobson,

J. McH. HoUingsworth,

J. D. Hoppe,

J. M. Jones,

T. 0. Larkin.

Francis J. Lippitt,

B. S. 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. S. Sherwood,
J. R. Snyder,
A. Stearns,
W. M. Steuart,
J. A. Sutter,
Henry A. Tefft,
S. L. Vermule,
M. G. Vallejo,
J. Walker,
0. M. Wozoncraft.

36

422 HISTORY OF CALIFORNIA.

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, cOmingfrom 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. 423

expediency of several measures embodied in the Con-
Btitution ; 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 hut earnestly i^com-
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 landmarks, 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 lights, 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^

424 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 ^hich 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 meet 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 tlie rights ef Mexican.3 to enjoy
those of American citizens. Long accustomed ta 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
once see the advantages of the proposed new govern-
ment, or yield an immediate approval of new laws,
however salutary their provisions, ar condueive to the
general welfare. But it is confidently believed, whea
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 v<^ill unite in
the cordial support of institutions, which are not only
the pride and boast of every true-hearted citizen of the

-r

HI5T0RY OF CALIFORNIA. 425

Union, but have gone forth, a guiding light to every
people groping through the gloom of religious su^>er-
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 undersisned 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 every 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 majority of freemen California,

36*

426 HISTORY OF

CALIFORNIA.

the bright star of the West, claims a place in the

diadem of that glorious republic, formed by the Union

of thirty-one sovereign States.

(Signed)

Joseph Aram,

Edw. Gilbert,

Chas. T. Botts,

Wm. M. Gwin,

Elam Brown,

Julian Hanks,

Jose Anto. Carillo,

Henry Hill,

Jose M. Covarrubias,

J. D. Hoppe,

Elisha 0. Crosby,

Joseph Hobson,

Lewis Dent,

H. W. Halleck,

Manuel Dominguez,

L. W. Hastings,

K. H. Dimmick,

J. McH. Hollingsworth,

A. J. Ellis,

Jas. McHall Jones,

' Stephen G. Foster,

Thomas 0. Larkin,

Pablo De La Guerra,

Francis J. Lippitt,

Benj. S. Lippincott,

Jacob R. Snyder,

M. M. McCarver,

W. Scott Sherwood,

John McDougal,

Wm. C. Shannon,

Benj. F. Moore,

Pedro Sansevain,

Myron Norton,

Abel Stearns,

P. Ord,

W.. M. Steuart,

Miguel De Pedrorena,

R. Semple,

Rodman M. Price,

Henry A Tefft,

Antonio M. Pico,

M. G. Vallejo,

Jacinto Rodrigues,

Thos. L. Vermule,

Hugh Reed,

Joel P. Walker,

John A Sutter,

0. M. Wozoncraft.

1

HISTORY OF CALIFORNIA. 427

MESSAGE FROM THE PRESIDENT OF THE UNITED

STATES,

TransmiUing information in ansiver to a resolution of the House
of the Zld of December^ 1849, on the subject of California and
New Mexico.

To THE House of Representatives of the
United States. — I transmit to the House of Repre-
sentatives, in answer to a resolution of that body
passed on the 31^t 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 arrano-ement, 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 authoritv, 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 lay in the power of the Executive, and to
enable Congress to act, at the present session, with as

428 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 as a 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

HISTORY OF CALIFORXIA. 420

of any census taken in either of the Territories men-
tioned in the resolution, as I have no information on
those subjects.

As ah-eady 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 guaranties
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.

430 niSTORY 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 Xew 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 skall, 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 uninhabited, 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 aflforded 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 0? CALIFORNIA. 431

question, and it remains for Congress to devise some
mode for its adjustment. Meanwhile, I submit to Con-
gress the question whetlior 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 g»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
American freemen. Great numbers of them are na-

432 niSToiiY OF califorxia.

tive citizens of the United States not inferior to the
rest of 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 the treaty of cession itself, shall ever be uttered
by me, 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 Avant, for a short
period, of a government established by Congress over
that part cf the Territory Avhich 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 v/ith 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. 433

any unnecessary controversy ^vhich can either en-
danger it or impair its strength, the chief element of
which is to be found in the regard and affection of the
people for each other.

Z. TAYLOR.
Washington City, D. C, January 21st, 1850.

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 30, 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
crossed 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

37

28

434 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 have 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 <^ur animals, and
can never be of much value for agricultural purposes.
There, however, is, some excellent land on the east

I. —

HISTORY OF CALIFORNIA. 435

side of that \ Ivor, 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 ^ith 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 Avill
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,

436 HISTORY OF CALirOKNIA.

at its last session, to autliorize the sale of public landa
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. 437

tliese 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, I
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 the
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 alcaldes 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

37*

438 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
cUmate 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 difi"erent 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 I think 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. 439

"prospecting," or looking for newer and richer locali-
ties.

I also found that the reports which had reached me
of hostilities between Americans and foreigners, in
the mining districts, were greatly exaggerated, and
that, with a few individual exceptions, every thing had
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,
Irish, 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-

440 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 som@
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 $T.

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
of 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 the

HISTORY OF CALIFORNIA. ^ 441

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

442 HISTORY OF CALIFORNIA.

mountaineers had committed most horrible barbarities
on the defenceless Indians in that vicinity.

Those cruel and inhuman proceedings, added, per-
haps, to the execution of a number of chiefs 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 1st 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 CALIFORXIA. 443

transmitted to Washington for tlie 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
reorular 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 will

444 HISTORY OF CALIFORNIA.

be afforded, so far as the means at my disposal will
admit.

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 General
Kearnj, in 1846, for his guidance in California, the
establishment of port regulations on this coast was
assigned to the commander of the Pacific 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 custom-
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 military 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 CALIFORNIA. 445

of the Pacific squadron continued 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 this
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
duties; 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 as I 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-

38

446 HISTOEY OF CALIFORNIA.

vious to require comment. I have pledged myself to
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 early 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.
Xone 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 EILEY,
Brevet Brig. Gen. U. S. Army, ,
and Governor of California.

Major-General E. Jones,

Adjutant-General of the Army, Washington., D. (7.

HISTORY OF CALIFOENIA. . 447

The follo-wing 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.

Headquarters Third Division,
San Frayicisco, 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 acf|uired 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 w^ords, it is always difficult to

448 HISTORY 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 she 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 reach 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, wh-en 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. 449

of war, cnomies' 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 arc 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 shouhl 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 the 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

38*

29

450 HISTORY OF CALIFORNIA,

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 could
be procured, I directed the quartermaster to issue him

HI5T0HY OF CALIFORNIA. 451

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 arc said to lia\e been made; and it is now
pretty certain tliat tiic whole slope of the Sierra Ne-
vada, comprised within the head waters of the San
Joa(|uin to tlie 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 cast, 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 tliose most generally 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
seen, 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, wliich have often the form of tlie leaves and
gravel on which they have fallen. I speak of this
as an appearance, not as a theory or hypothesis. The
extent ascertained within which gold is thus found is

452 msTor.Y or California.

at least four hundred miles long by forty wide ; in al-
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 of people engaged in mining, or the
amount they liave produced. Persons engaged in
trading with the miners say they amount to about ten
thousand, but I cannot say vfith 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 collected 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
Eu]»pean 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 so little
gold has reached the United States.

When the merchandise now on its way from our At-
lantic 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 labor, storage, &c. 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 paid

HISTOrvY OF CALIFORNIA. ^53

for labor, rent, and subsistence, have hardly been
fullj set forth. But all the estimates of the amount
actually produced are but mere suppositions, which
may surpass or may fall short of the truth.

I have already dii-ectcd 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
is hard 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.

I am, with respect, your obedient servant,

PERSIFOR F. SMITH,
Brevet 31aJor-Ge7ieraJ, commanding 2>d Division.-

Brigadier-General R. Jones,
Adjutant' G-eneraL

454 history of california.

Appendix F.

«

The following despatch contains instrnctions 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.

[Confidential.]

War Department,

Washington, June 3, 1846.

Sir : I herewith send you a copy of my letter to
the governor of Missouri for an additional force of
one thousand mounted men.

The object 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 carfnot be determined how far this additional
force will be behind that designed for the Santa Fe

HISTORY OF CALIFORNIA. 455

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

456 HISTORY OF CALIFOENIA.

thej will be paid as other volunteers, and you can allow
them to designate, so far as it can be properly done,
the persons to act as officers thereof. It is under-
stood that a considerable number of American citizens
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 to
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

HISTORY OF CALIFOR>-IA. 457

to make the best arrangement jou 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. Ai'ms, 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-
sign of the United States to provide for them a free

39

I

458 HISTORY OF CALIFORNIA.

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-
vinces 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 therein 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 as 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. 459

ammunition, and supplies for the land forces will be
sent to jou.

Very respectfully, jour 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, afte^ the United States
marines had taken San Josd, the natives rose, and
they were reduced to the necessity of taking refuge
in an old fort, or cuartel, in the town.

Barracks, Lower California,
San Jose, February 20, 1848.
Sir : I continut) 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

460 HISTORY OF CALIFORNIA.

that date the enemy were continually in sight of us,
intercepting all communication with the interior, and
drivinor off all the cattle from the neio^hborhood. 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 gre-atest distress. I found it necessary, as
soon as our fresh b.e-ef 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 th6
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 m 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 CALIFOIINIA. 461

rice and tobacco in a house some three hundred yards
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, occupjang 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 a 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 lament

39*

462 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
cartilaire, lodo;ed 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 w^orth.

On the morning of the 12th, at daylightj 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 command-
ing our watering place. We fired several round shot
at it, with little effect. "VVe 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
it imprudent to blast, as the eSemy, 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' w^ater. On the 14th
wd continued difjsiino: for water. "VVe 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, 30 minutes
P. M., a sail was reported in sight, which proved to be
the United Ship Cyane. She anchored after sun-

HISTORY OF CALIFORNIA. 463

down. It was of course a joyful sight to us to see
friends so near ; but I was apprehensive that they
coukl render us but little assistance, the enemy being
so vastly superior in numbers. The enemy continued
their firing upon us dunng the night. On the 15th at
day-light, we became aware that the Cyane was landing
men. They soon commenc-ed 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 all
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 ex-

464 HISTORY OF CALIFORNIA.

posed to. The loss of the enemy we have not posi-
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 Ics.s 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
JN^^dshipman 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, Eu-
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. Captain
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

niSTORY OF CALIFORNIA. 465

for the prompt and efficient assistance ^-liicli Captain
Dupont, his officers, and crew have rendered us.
I am, sir. respectfully, your obedient servant,

^ CHAS. IlEYWOOD,
Lieutenant U. S. Nairn, com' g., San Jose,
Lieut. Col, Henry S. Burton,
U. S\ Army, cnmg, troops in Lower California,

W. T. SIIEK'mAX,
First Lieutenant M Artillery, A. A. A, General.

H.

United States Barracks,
La Paz, California^ April 13, 1848.

Sir : I have the honor to acknov.ledge 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) Nqw 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 moi'ning of the
26th instant with two hundred and seventeen officers
and men ; Lieutenant Ilnlleck, United States en-
gineers, acting chief of staff, and Passed Midshipman
Duncan, United States navy, temporarily attacliod to
the mounted portion of Captain Naglee's command.

I'

i!
ii

I

I

1)

3J

466 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
enem}^ 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 a cross-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
beinii: near Todos Santos, and hearins the firinir.

nisTonr of California. 467

attacked 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 eiirht wounded. Our loss was nothinxr ; one
man and the horse of Acting Lieutenant Scott were
slightly wounded, the enemy, as usual, firing too high.

Our officers and men fullv sustained the character
they won on the IGth and 2Tth of November last.

My warmest thanks are due to Lieutenant Halleck,
for his assistance as chief of staft', 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 Xaglee also deserves particular notice for
the enercretic 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 Ilalleck started for San Josd 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 C^^ane. He returned here on the 11th
instant, having captured ten prisoners on his march,
and taken a number of arms.

468 EISTOEY OF CALIFORNIA.

From liim I learn tliat tlie 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 bv 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, ofScers
of the Mexican forces.

We left Todos Santos on the 5th instant, and arrived
at this place on the Ttli. 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, and
one hundred and three non-commissioned officers and
privates ; and others arc 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 S. BURTON,
Lieutenant Colonel New York Volunteers,

Lieutenant W. T. Suerman,

Act. Ass. Adjt. G-e7i. Tenth Mil. Bep.

W. T. SIIERMxVN,
First -Lieut. Zd Artillerij A, A. A. G-eneral.

I

HISTORY OF CALIFORNIA. 469

Appendix I.

The folloTiying despatch from Governor Mason, gives
an account of the state of affairs in Upper California,
in October, 1847 :

Headquarters Tenth Military Department,
Monterey^ California^ October 7, 1847.

Sir : I returned from San Francisco yesterday, and
found here 3Ir. Toler, with despatches from Washing-
ton, the receipt of which I have the honor to acknow-
ledge. I am 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 miUtary correspondence for the
steps adopted to give them a good town government.
The Bay of 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 Ilardie's command will 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,

40

470 HISTORY OF CALIFORNIA.

Captain Folsom. All this labor is done by tbe volun-
teers, so that the improvements will be made at very
little expense to the government. The price of lum-
ber at San Francisco is §50 per M. ; but Captain
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 erect per-
manent structures to any extent 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 oS 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. 471

"who had arrived from Fort Ilall,' where he had left
his detachment of the battalion, to come to California
to report to me in person. He brought a muster-roll
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. I am 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 season, and at

1

J

472 HISTORY OF CALIFORNIA.

present wheat is plenty and cheap at San Francisco.
Beef is also plenty. Beans can be purchased at the
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
as may enable his department to act with the proper
economy. The want of good clotliing 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 renevfing 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 jthis country, to be
distributed, so as to enable each volunteer to pui'chase
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, cloth
overcoats, caps, jackets, overalls, stockings, and shoes,
with stout shirts and drawers, are the only ones that
will ever be needed here.

HISTORY OF C-U.IFOIINIA. 473

General orders No. 10, of 1847, promotes Lieute-
nant Looser, third artillery, and orders him to join
his company. I regret that at this moment his services
cannot 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 Looser. 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 looks for distinction and experience.

Captain H. M. Xaglee, 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 rbturn to Monterey before the end of this month ;
in which case I shall cause it to be mustered out of
service, and discharfjed on the 31st day of October.

Again I have to report the death, by sickness, of
an officer 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 13th of Septem-
ber. He was buried with military honors by the troops
at San Francisco, under direction of ^Lijor 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

40*

I
-;

474 HISTORY OF CALIFORNIA.

Mexico from this harbor next week ; 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.

Note. — Colonel Burton will be directed to leave a
sufficient number of men at La Paz to keep the flag
flying.

It 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. I have 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.

I have the honor to be, your most obedient servant,

R. B. MASON,
Oolonel \st DragoonSy Commanding,

To General R. Jones,

Adjutant- Greneraly Washington, D. (7.

HISTORY OF CALIFORNIA. 475

Appendix J.

"VVe have already given the substance of Governor
Mason's despatch to the government, giving an ac-
count of the gohl 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.

Headquarters Southern Military 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

476 HISTORY OF CALIFORNIA.

effect to check all excitement here ; but as Don Pio
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 fatio^ue
of his journej. 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 Monday 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 v.hence 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, v.ho informed me that Don Pio Pico

HISTORY OF CALIFOFt^'IA. 477

had arrived at liis 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 liim,
if he attempted to pass my post without reporting, I
would cause him to be arrested, and tliat 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 tliis infor-
mation, became alarmed, and requested Piecd to come
in and see me, to say he intended no disrespect, and
"would come and report at any hour I v, ould 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 Gcuaynas on the 22d of
May, crossed to Mulige, which he left for California
on June tldrd, and arrived at San Diego, July sixth.
He says that when he left -Gua^-nas nothing had been
heard of the action of the ^lexican Congress upon
the treaty, but it was generally supposed it would be
ratified. He says the Mexican government did not
answer any of his communications ; and the moment
he saw the armistice published in a newspaper, he
determined to return home, as he supposed he could

478 HISTORY OF CALIFORNIA.

return with credit, under the stipulations of the
armistice. He brings "with him no other authority
for his return, and says he desires to Hve peaceably,
and attend to his private affairs. He denies ever
having said that he came back with powers to resume
his gubernatorial functions, and that he rebuked such
of his friends as he had seen for their last attempt at
a revolution, and advises that they remain quiet and
obey the laws, as no part of the people of the con-
quered Mexican territory have been treated as kindly
as the Californians have been by the American au-
thorities. He thanked me for my personal kindness
to his family and countrymen in general, and said if
I would permit him he would go to San Fernando,
from whence he would answer that part of my order
which required a written communication from him. I
gave him permission to leave, and offered him an
escort, which he thanked me for, but declined. Don
Pio Pico is abotit five feet seven inches high, corpu-
lent, very dark, with strongly-marked African fea-
tures ; he is, no doubt, an amiable, kind hearted man,
who has ever been the tool of knaves ; he does not
appear to possess more intelligence than the rancheros
generally do ; he can sign his name, but I am in-
formed he cannot write a connected letter ; hence, as
he informed me, he w^ould be compelled to send for
his former secretary before he could answer my order
or communicate with you, which he advised me he
intended doing. I have promised to take charge of
and forward any communication he may choose to
make you. He left town on Wednesday morning very
early, as obscurely as he had entered it ; and those
who advised him to assume the bombastic tone he did
upon his first arrival, have done him irreparable injury,

HISTORY OF CALIFORNIA. 479

for he is now ridiculed by many who before enter-
tained a high respect for him.

I have the honor to be, very respectfully, your obe-
dient servant,

J. D. STEVENSON,
Colonel 1st New York Regiment^ commanding .
8.M. District.

Colonel R. B. Mason,

Is^ U, Dragoons, Governor oj California.

P. S. — Since writing the above, I have received the
inclosed note from Don Pio Pico, inclosinfr a commu-
nication to your excellency. In the note of Don Pio
to me, you will perceive that he is no sooner arrived
at San Fernando than he claims to have returned to
California as its Mexican governor, to carry out the
provisions of the armistice. I shall not answer his
note until I have heard from you ; but I shall keep
an eye on him, and if I find he is preaching sedition,
I will bring him in here at short notice.

J. D. STEVENSON,
Colonel, commanding,
W. T. SHERMAN,
First Lieutenant Zd Artillery, A. A. A. General,

Appendix K.

On the 13th of April, 1849, Colonel Mason at his
own request, was relieved from the post of Governor
of California, and Brigadier-General Riley took his
place. The despatch of that officer, dated 30th of
June, following his assuming the duties of his post,
is important, as containing an account of the state of
feeling in California, upon the subject of the laws at

480 HISTORY OF CALir^P.XIA.

that time in force, and tlie difficulties with various as-
semblies elected in the northern part of the terri-
tories.

Executive Department of Califorxia,

Monterey^ June SO, 1849.

General : I have the honor to transmit herewith
copies of all civil correspondence and papers since
the 13th of April last, at which time I relieved Colo-
nel Mason from his duties as Governor of California.

It was (with the advice of Colonel }.Iason) my in-
tention, on assumins: the direction of civil affairs in
this country, to complete the organization of the exist-
inix government ; at the same time to call a convention
for forming a State Constitution, or j^lan of territorial
government, to be submitted to Congress for its appro-
val. But on further consultation it was deemed best
to postpone all action on this subject, until I could
ascertain what had been done in Congress. On the
first instant I received reliable information by the
steamer "Edith" that that body had adjourned with-
out organizing any territorial government for this
country ; and accordingly, on the 3d instant I issued
my proclamation to the people of California, defining
what was understood to be the legal position of aff*airs
here, and pointing out the course it was deemed ad-
visa,ble to pursue in order to procure a new political
organization better adapted to the character ' and
present condition of the country. The course indi-
cated in my proclamation will be adopted by the
people, almost unanimously, and there is now little or
no doubt that the convention will meet on the first of
September next and form a State Constitution, to be
submitted to Congress in the early part of the coming
session.

HISTORY OF CALIFORNIA. 481

A few prefer a territorial organization, but I tliink
a majority will be in favor of a State government, so
as to avoid all furtlier difficulties respecting the ques-
tion of slavery. This question will probably be sub-
mitted, together with the Constitution, to a direct vote
of the people, in order that the wishes of the people
of California may be clearly and fully expressed. Of
course, the Constitution or plan of territorial govern-
ment formed by this convention can have no legal
force till approved by Congress.

On the receipt of the treaty of peace with Mexico,
doubt was entertained by a portion of the people here
respecting what constituted the legal government and
laws of the country. A few contended that all
government and all laws in California were at an end,
and that therefore the people, in their sovereign
capacity, might make such government and laws as
they should deem proper. Accordingly, in two of the
northern districts, local legislative assemblies were
organized, and laws enacted for the government of
the people of these districts. The members of the
Sonoma assembly, however, soon became convinced
of their error, and that body was dissolved. But in
San Francisco the assembly continued its sessions,
making laws, creating and filling offices, imposing and
collecting taxes, without the authority and in violation
of law, and finally went so far as to abolish the office
of alcalde, whose records and papers were seized and
forcibly refnoved from his custody. On receiving
official information of these facts, I issued my procla-
mation of the 4th instant. Since then I have made
a personal visit to San Francisco, and find that the
more respectable members of the so-called district
assembly are convinced of the impropriety of the

41

31

482 nisTOHY of California.

course pursued by tliat body, and in a very short time
I think all the difficulties will be amicably arranged.
These difficulties arose in part from a misapprehen-
sion as to -what constituted the legal government of
the country, and in part from the unpopularity of the
first alcalde of that district, against whom serious
charges had been made. Unfortunately, there was
at the time no legal tribunal for investigating these
charges ; and, there being no other magistrate in that
district, I could not, with propriety, remove him from
office. A new election, however, will soon be held to
supply his place; and on the organization of the
"superior court," the charges against him can be
properly investigated.

The publication of a portion of the instructions
received from "Washington respecting the government
of this country, and the disposition manifested by the
authorities here to enforc-e the existing laws, have
done much to remove the erroneous opinions which
were for a time entertained by a portion of the people
of California. The civil government of this country
has been, and will continue to be, administered on the
principle laid down by the Supreme Court of the
United States, viz : on the transfer of the ceded
territory, it has never been held that the relations of
the inhabitants with each other undergo any change.
Their relations with their former sovereign are dis-
solved, and new relations are created between them
and the government which has acquired their territory.
The mere act which transfers their country transfers
the allegiance of those who remain in it ; and the law
which may be denominated political is necessarily
changed, although that which regulates the intercourse
and general conduct of individuals remains in force

1

HISTORY OF cahiforxia. 483

until altered hy the newly-created power of the
State.

The treaty is the law of the land, and admits the
inhabitants of [California] to the enjoyment of the
privileges, rights, and immunities of citizens of the
United States. It is unnecessary to inquire whether
this is not their condition, independent of stipulation.
They do not, however, participate in political power;
they do not share in tlie government till [California]
shall become a State. In the mean time, [California]
continues to be a territory of the United States,
governed by \irtue of that clause of the constitution
which emj»'jwer.5 Congress to make all needful rules
and regula lions respecting the territory and other
property belouging to the United States.

When we take into consideration the great mass of
floating po}>dlation of the United States and of other
countries — people of all nations, kindreds and tongues
— which has been suddenly thrown into this country,
it must be acknowledged that every thing has, thus
far, remained remarkably quiet, and that the amount
of crime has been much less than might, under the
circumstances, have reasonably been expected. It is
to be feared, however, that during the coming winter,
when large numbers of the miners collect in the towns,
public order may be occasionally distm'bed. But it is
believed that in the mean time a more complete organi-
zation of the existing government will be effected, so
as to enable the authorities to enforce the laws with
greater regularity and efficiency.

Rumors have reached me that there is no very
amicable feeling existing between the Americans and
foreigners in the gold regions, and that the former
are disposed to forcibly expel the latter from the placer

484 HISTOEY OF CALirOENIA.

districts. I shall soon visit the valleys of the Sacra-
mento and San Joaquin^ and hope to be able to report
upon the true state of affiiirs there by the August
steamer. As Congress has declined passing any laws
restricting the "working of the placers, I shall not
deem myself authorized to interfere in this matter, any
further than may be necessary to preserve the public
tranquillity. Indeed there is much reason to believe
that Congress has pursued the best policy, under the
circumstances, in leaving the placers open to all ; for
it would be exceedingly difficult to enforce any regula-
tions not absolutely required by the necessity of the
case, and it is more than probable that any attempt
at this time to rent out the mineral lands, or to tax
their products, would involve a great expense, and it
is quite possible that such an attempt would lead to
very serious difficulties. Of the large numbers who
have been attracted to this country by the flattering
prospect of sudden wealth, and with the intention of
returning to their former homes to enjoy their gains,
many foreigners as well as Americans are becoming
established in business, and will make California their
permanent place of residence. It is therefore well
worthy of serious consideration whether the present
system may not prove equally beneficial with that of
a more exclusive policy. It certainly conduces much
towards developing the resources of the country, ex-
tending its commerce, and rapidly augmenting its
wealth and population. As soon as I have made a
personal examination of the gold regions, I shall be
prepared to express my views on this subject ; but I
cannot omit the present occasion to urge upon the
government the importance of establishing a mint in
California, with the least possible delay.

HISTORY OF CALIFORNIA. 485

Information, not official, has been received, that the
revenue hxws of the United States have been extended
over this country, and that a collector and deputies
may soon be expected to take charge of the collection
of revenue in this district. On their arrival, all cus-
tom-houses and custom-house property will be turned
over to them, and the temporary collectors employed
by my predecessor and by myself will be discharged.
The moneys collected during and since the war, under
the direction of the governor of California, and not
required for defraying the expenses of the civil govern-
ment, will be kept as a separate and distinct fund,
subject to the disposition of Congress. The grounds
upon which this revenue has been collected since the
declaration of peace, are fully stated in a letter to the
collector of San Francisco, dated the 24th of February
last. It may be proper to add, that the course pur-
sued by my predecessor w^as rendered absolutely
necessary by the peculiar circumstances of the case.
The wants of the country rendered it imperative upon
him to permit the landing of foreign goods in this
territory ; and had this been done without the collec-
tion of duties, large amounts of dutiable goods would
have been placed in depot on this coast, to the mani-
fest injury of the revenue and prejudice to our own
merchants. The importers have sold their goods at
such prices as to cover the duties paid, and still leave
them enormous profits ; and to now return these
duties to the importers would be a virtual gift, without
in any way benefitting the people of California. But,
to expend this money in objects of public utility in
the country, would confer a lasting benefit upon all.
I would therefore recommend that such portions of
these moneys as may be left, after defraying the

41*

486 HISTORY OF CALIFORNIA,

expenses of the existing civil government, be given to
California as a *' school fund," to be exclnsivelj devo-
ted to purposes of education. No difficulty has been
experienced in enforcing the tariff of 1846, and there-
venue has been collected at a very moderate expense^
considering the peculiar circumstances of the times.

All officers of the civil government of California
will be paid out of the "civil fund" arising from the
customs, the salaries fixed by law, and I would recom-
mend that those officers of the army and navy who^
have been employed as collectors and receivers of
customs in California, both during and since the war,
be allowed a fair per ccntage on the money which
they have collected and disbursed. Two and a half
per cent, on the amount collected, with the restriction-
contained in section 2 of the Act of March 3, 1849,
is deemed a fair allowance for collecting these customs,
and two and a half per cent, on the amount actually
expended is deemed ample compensation for keeping
and accounting for the same. It would be more just
and proper to make the allowance for the actual eX'
penditures than for receiving and keeping these
moneys ; because, if the reversed rule were established,
officers who have received large sums, and within a
few days transferred them to others, with no other
trouble than merely passing recdpts, would be entitled
to a higher pay than those who have had all the
trouble of expending this money in small sums, and in
keeping and rendering accounts of these expenditures.

As soon as these " civil funds" can be collected
from the officers now holding them, it is proposed to
place them in the hands of some officer, or other
responsible person, who will act as treasurer for the
civil government, with a fixed compensation for his

HISTORY OF CALIFORNIA. 487

services. On the arrival of the regular collector and
deputies, appointed according to law, a full statement
will be made of all the moneys which have been col-
lected in Cahfornia, and the papers and accounts con-
nected with the expenditure of this civil fund will be
sent to Washington, as heretofore, in order that all
officers who shall receive or expend the same may be
held to a strict accountability.

I am, sir, very respectfully, your obedient servant,

B. RILEY,
Brevet Brig. Gen. U. S. A.j and Grovcrnor of Cali-
forma.

Major-General R. Jones,
Adjutant Crcneral of the Army^ Washington, D. (7.

Appendix L.

Governor Riley took occasion to make an excursion
through the gold regions, soon after his affairs with
the assemblies were disposed off. A reconnoisance
of the valleys of the Sacramento and San Joaquin was
made, and particular care given to the matter of es-
tablishing military posts for defending the miners and
others from the attacks of the Indians. After his re-
turn to Monterey, the following despatch was sent to the
headquarters of the United States army. The subject
of the Indian troubles receives especial consideration.

Headquarters Tenth Military Department,

Monterey, California, August 30, 1849.

Colonel: I found, on my return to this place from

a reconnoissance of a portion of the valleys of San

Joaq^uin and Sacramento Rivers, general orders No. 1

488 HISTORY OF CALIFORNIA.

from the headquarters of the army ; and, as I cannot
have copied, in season for transmission by the steamer
of the 1st proximo the military correspondence at
these headquarters, I respectfully submit, for the in-
formation of the commander-in-chief, a brief summary
of reports heretofore made in relation to military
affairs in this department.

My attention was directed, on my arrival in this
country, to the unparalleled excitement in relation to
the mineral regions ; the imminent danger that our
troops, as they arrived, would desert to the ^^ placers,'*
and, instead of giving protection to the parties, and
aid in the preservation of order and tranquillity, would
themselves become the very worst element of dis-
order ; the great extent of Indian frontier to be
guarded, and the difficulties then apprehended from
the unsettled state of affairs in the mininoj districts.
An attentive consideration of these subjects impressed
me with the opinion that the policy most likely to
prove advantageous to the service, would be the con-
centration of all the troops serving in this department,
except the necessary guards for the depots at one or
more points in the immediate vicinity of the gold
regions, from whence a portion of them might be per-
mitted to visit the placers for the purpose of working
them for their own benefit — the remainder to be held
embodied in a proper state of discipline, in readiness
for any emergency that might occur. After the ex-
piration of the furlough of the first class, a second
class to be furloughed, and so in succession with the
remainder ; the troops stationed at points so distant
from the mines, that they could not be furloughed, to
be relieved by exchange with commands that have
been more favorably situated. The practice of grant-

HISTORY OF CALIFORNIA. 489

ing furloughs, adopted at some of the posts in this
country, with the sanction of the former department
commander, had succeeded Tvell, and tlie information
received about the time of my arrival from the south-
ern part of this department confirmed me in the
opinion pre\'iously entertained, that the mania for gold-
hunting would exist, in its most exaggerated form, at
points most remote from the placers. I accordingly,
immediately after relieving Colonel Mason in the
command of the department, recommended the adop-
tion of the policy above indicated. It is a matter of
regret, that the emergencies of the service have been
such that it could not be carried out to the extent re-
commended ; for the experience of the past four
months has convinced me that it is the only course
that can be adopted, with reasonable hope of success,
until the state of affairs in this country is materially
changed. In addition to the mere question of expe-
diency, Indian difficulties that were then occurring,
and the threatening danger of a proximate collision
between the different classes at work in the gold re-
gion, made it highly important that a strong military
force should be established in the immediate vicinity
of the mining region.

For the disposition of the troops in the department,
and the measures taken to prevent desertions, kc, I
respectfully refer to department order and special
orders forwarded to you by this mail. These furnish
you with a history of the operations in the department
since my assumption of the command. The present
disposition of the troops is the same as indicated in
orders No. 16, except that company A, 2d infantry,
re-inforced by details from other companies — in all,
four ufBcers and eighty men — has been detached, un-

490 HISTORY OF CALIFORNIA.

der instructions from the commander of the division,
as an escort for Captain Warner, topographical engi-
neers, and company E, 1st dragoons, when en route
for the station, was diverted from that route, for the
purpose of securing the perpetrators of some murders
committed by Indians on or near Los Reyes River.

The difficulties apprehended from a collision be-
tween the different classes of the mining population
have not yet occurred in the form which it was feared
they would assume, and at present I do not apprehend
any serious difficulty from that source. Some serious
Indian disturbances have occurred on the American
fork of the Sacramento, and a few isolated murders
have occurred at other points ; but at the date of the
last report from the frontier, every thing was quiet.
The Indians of the Sierra Nevada, although in a great
number, are of a degraded class, and are divided into
so many different tribes, or rancherias, speaking differ-
ent languages, that any combination on their part is
scarcely to be apprehended. Their depredations
heretofore have been confined generally to horse-steal-
ing, and only occasionally have murders been com-
mitted by them. These, however, have been made
the pretence, by the whites in their neighborhood, for
the commission of outrages of the most aggravated
character — in one or two cases involving in an indis-
criminate massacre the wild Indians of the Sierra
and the tame Indians of the ranchos. The command-
ers of detachments serving on the Indian frontiers are
instructed to prevent any authorized interference with
the Indians by the whites, and to support the Indian
agents of their districts in the exercise of their appro-
priate duties. From the character of the mining
population, and the nature of their occupations, unless

HISTORY OP CALIFORNIA. 491

a stroniT military force be maintained on that frontier,
it will be impossible to prevent the commission of out-
rages upon the Indians ; and thev, in tnrn, will be
avenged bj murders committed upon isolated parties
of whites. Unfortunately, the eagerness with which
gold is sought after bj detached parties of miners,
gives many opportunities for the commission of such
outrages. To seek after and apprehend the perpe-
trators in cases of this kind, a mounted force is abso-
lutely necessary ; and, although great difficulty will
be experienced in obtaining forage and replacing
horses that may be disabled, its services are so indis-
pensably necessary, that I greatly regret my inability
to supply more than one company on the Indian fron-
tier until after the company now on duty with the
commissioner of the boundary survey is relieved.

I have heretofore called the attention of the War
Department and the division commander to the in-
sufficiency of the force assigned to this department
by general order No. 49 of 1848. As it may not be
possible, with the present military establishment, to
order any additional force to this country without the
action of Congress, I respectfully invite the attention
of the commanding general to the views heretofore
expressed on this subject. A topographical sketch
of a portion of this department is herewith inclosed,
upon which I have indicated the positions or neigh-
borhoods in which I deem it important that troops
should be established. The amount and character of
the force required in my report to division headquar-
ters, of June 11, is also inclosed.

The embarrassments under which the service haa
labored will be so readily appreciated at home, that
it is unnecessary to refer to them here except to say

492 HISTORY OF CALIFORNIA.

that, great as these embarrassments have been, they
have been greatly increased by the want of line and
staff officers.

In consequence of the extraordinary prices of labor,
and the consequent enormous expenditures in this coun-
try, young officers of the lin-e should not be, injustice to
the service and themselves, as they have unnecessarily
been, encumbered, in addition to their company duties,
with money and property responsibilities to a very
great amount. Experienced officers of the quarter-
master's department are required at San Francisco,
San Diego, and with the commands on the upper Sa-
cramento and San Joaquin Rivers. I have now but
one officer. Captain Kane, of that department, under
my control ; and he is necessarily detained at depart-
ment headquarters in the preparation of my estimates
for the services ot the ensuing year. Quarters must
soon be erected at several of the posts in this depart-
ment ; and I cannot spare line officers for this duty,
without destroying their efficiency with their compa-
nies, even were it proper to do so. There are no topo-
graphical engineers on duty in this department, and,
in consequence of the want, I have been able to per-
form very little of the duty devolved upon me by the
111th paragraph general orders No. 49, of 1848. A
reconnoissance of a portion of the valleys of the Sacra-
mento and San Joaquin Rivers, undertaken for the
purpose of determining the position to be occupied, as
recommended in my report to division headquarters
of April 16, to the War Department of the 25th of I

the same month, has strengthened my opinion of the ^

importance of giving the country a most thorough
examination before any military posts are permanently
located in the interior. The whole district of country

HISTORY OF CALIFORNIA. 493

lying between the coast range and the Sierra Nevada
is exceedingly sickly at certain seasons of the year.
The common timber of the country (oak) is not fit for
building purposes ; and I was greatly disappointed in
finding that south of the Sacramento Ri\'er, pine fit
for lumber exists only on the spur of the mountains
in small quantities, and in places difficult, of access.
Stone, as a building material is scarce ; and at several
of the points where it may be desirable to establish
military posts, grain for forage is out of the question,
and grass can only be found in exceedingly limited
quantities. I expressed a hope in my despatches to
the War Department of June 30, that I would be able
to make an examination of the country along the
western slope of the Sierra Nevada, from the source
of the San Joaquin to the southern boundary of Cali-
fornia ; but the season is now so far advanced that I
fear I shall not be able to accomplish more than the
determination of a position to be occupied in the
neighborhood of Los Reyes River. It is of great im-
importance that this point should be determined as
soon as possible; for the new discoveries of gold
constantly being made in that direction, are at-
tracting thither a large portion of the mining
population. The rapidly increasing population of the
northern placers is gradually forcing the Indians to
the south, and congregating them on the waters of the
Lake Buena Vista, (Tula.) This position should be
occupied, if possible, before the miners have become
established in Los Reyes and the neighboring rivers ;
and the necessary examinations and arrangements will
be made as soon as it is possible to do so.

Since my application (April 25) for officers of the
quartermaster's department was made, two officers of

42

T

494 HISTORY OF CALIFOEXIA.

that corps, Majors Allen and Fitzgerald, whom I had
supposed would be available for duty in this depart-
ment, have been permanently separated from it ; and
the number then applied for should be increased by
two.

Two of the medical officers in this department are
now prostrated by disease ; and as their places cannot
be supplied here, there should be at least three in this
department, in addition to those actually required for
duty at the different posts in the department, to meet
emercjencies of this kind.

The ordnance depots at Monterey and San Fran-
cisco are under the charge of military store-keepers.
It is important, for the preservation of this property
in a serviceable condition, that they should be under
the supervision of an experienced ordnance officer.

With the exception of the assistant quartermaster
above referred to, the officers above enumerated have
heretofore been applied for ; but as, none have been
reported to me, I will state in detail what officers are
absolutely required with this command :

Four' officers of the quartermaster's department in
addition to Captain Kane now on duty here :

Two topographical engineers :

Three additional medical officers:

One officer of the ordnance department :

One officer of the subsistence department.

The irregular communication with some of the in-
terior posts, creates a good deal of embarrassment by
delaying the department returns. In consequence of
this I am unable to furnish a later return than for
June. The transport Mary and Adeline, with com-
panies A and F, 2d infantry, reached San Francisco
on the 8th ultimo. The detachment of dragoons, on

-J

HISTORY OF CALIFORNIA. 495

their marcTi to the department Avith tlie collector of
this district and the Arkansas emigrants, have not
yet arrived. During the months of July and August,
so far as reports have heen received, there "were but
few desertions, except from the company detailed for
the escort of Captain Warner, topographical engineers ;
thirty-four men, more than half the Avhole number
reported, have deserted from this company. The
entire force in the department at this time does not
probably exceed six hundred and fifty, (aggregate :)
and consequently more than four hundred recruits are
now required to fill up these companies to the standard
authorized for this department.

A detailed report of my reconnoissancc in the val-
leys of the San Joaquin and Sacramento will be for-
warded by the next steamer. I have delayed it in
order to embody in it information in regard to the
country in the neighborhood of the Tula, which I am
in the daily expectation of receiving.

The want of company officers is very much felt ; and
I request that authority may be given me to break up
the companies whose captains are permanently absent,
transferring the officers to other companies, as their
services may be needed.

I have the honor to be, very respectfully, colonel,
your obedient servant,

B. RILEY,
Brevet Brigadier- General U. S. Arm?/, commanding,

Lieut. Col. W. G. Freeman,

. Assistant Adjutant General U. S. Armi/,

Headquarters of the Army, New York,

496 HISTORY OF CALIFORNIA.

Appexdix M.

In the early part of 1848, Lieut. H. AY. Halleck,
of the Engineers, was ordered to make a reconnoi-
sance of the coast of Lower California, with reference
to the location of works of military defence. In his
report to Colonel Mason, after giving a general de-
scription of the coast and harbors, and proposing a
system of military defence, he submits some remarks
upon the commercial and military importance of the
i)eninsula. The whole report is interesting, and fur-
nishes the most correct information upon the subject
of the reconnoisance. It will form an interesting
conclusion to a work which has been principally
devoted to a description and history of Upper Cali-
fornia.

La Paz, April 12, 1848.

Sir : In compliance with the instructions of the
commanding general of the department to make a
" reconnoisance of the coast of California, with refer-
ence to the location of works of military defence," I
reported in my last upon so much as relates to the
upper province, and I now submit a few remarks on
the military defence of the peninsula of Lower Cali-
fornia.

I. General description of the coast and harbors. —
The principal ports of the coast of Lower California,
visited by whaling and merchant vessels, are San
Quintin, Magdalena, San Jose, La Paz, Escondido, near
Loreto,) and Mulige. — There are some other points
which vessels occasionally touch for supplies and at
trade, but they are comparatively of little commercial

HISTORY OF CALirOKXIA. 497

or military importance. The port of San Quintin,
in latitude thirty degreCvS twenty-three minutes, is re-
presented as affording a secure anchorage for vessels
of every description, and to be suiliciently commo-
dious for the reception of a numerous fleet. The ex-
tensive bay of ^lagdalcna has acquired considerable
notoriety from its being resorted to qycyj "winter by
large numbers of whaling vessels. Its size gives it
the character of an inland sea, its waters being navi-
gable for the distance of more than a hundred miles.
It furnishes several places of safe and commodiou?^
anchorage. The bay of San Jose, near Capo Saint
Lucas, is much frequented by coastiug vessels, and
occasionally visited by whalers and men-of-war. Be-
ing the outlet of a fertile valley, extending some
forty or fifty miles into the interior, it is probably the
best place in the peninsula for supplying shipping
with water and fresh provisions. It is, however, a
mere roadstead, affording no protection whatever dur-
ing the season of southeasters.

La Paz is the seat of government and the principal
port of Lower California, and its extensive bay
affords excellent places of anchorage for vessels of
any size, and is suflSciently commodious for the most
numerous fleets. The principal pearl fisheries are
in this immediate vicinitv, and also the most valuable
mining districts. It is the outlet of the fertile
valley of the Todos Santos, and of the produce of
the whole country between Santiago and Loreto.
The cove or estero, opposite the town of La Paz, fur-
nishes spacious and safe anchorage, which may be
reached by vessels drawing not more than eighteen
or twenty feet of water ; and the cove of Pichilingue,
at the south-eastern extremity of the bay, and about

42*

32

498 nisTORY OP California.

six miles from the town, affords an excellent anchor-
age for vessels of any size ; but the inner bay can be
reached only by small merchant vessels. The bar,
however, between the two is only a few yards in ex-
tent ; and if the importance of the place should ever
justify it, the channel might be made deeper without
difficulty or great expense. The adjacent country
being barren and mountainous, and the roads to the
interior exceedingly difficult, this place can never be
the outlet of much agricultural produce. But as the
island of Carmen, nearly opposite the entrance to
this bay, contains an almost inexhaustible supply of
saltj very easy of access, it is possible that the trade
in this article may eventually give considerable im-
portance to the port of Escondido.

The bay of Mulige contains several places of an-
chorage, but none of them are deemed safe for large
vessels, or even from small vessels, at all seasons of
the year. There are also several other parts in the
gulf farther north which are occasionally visited bj
coasting vessels, but it is not known that any of them
are likely to be of much commercial importance.

II. Projyosed system of defence. — It is not sup-
posed that, under existing circumstances, any military
post will be necessary on the western coast of the
peninsula ; nor is it probable that, for many years,
any place there will become of sufficient importance
to justify the construction of military works for its
defence. It is true that the whale fishery on this
coast has become, from the amount of shipping en-
gaged in it, an object of the highest consideration ;
but our having ports of refuge at San Francisco or
San Diego, and at La Paz, strong enough to resist a
naval coup de main, will, it is believed, afford sufficient

HISTOKY OF CALIFORNIA. 499

security to these Avlialers in case of a ^^ar with a
maritime power.

On our arrival here in October last, it was deemed
desirable to establish a small military post at San
Jose, for the double purpose of giving protection to
the friendly inhabitants against a band of Mexican
freebooters who had crossed the gulf from Guaynas
to Muligc and Loreto, and of preventing the further
introduction of i^ien and munitions from the opposite
coast. The fsld mission building was found well
adapted to tlie purpose in view, and with a few
repairs and iiiiprovements served as an admirable pro-
tection for the little garrison in the several attacks
which it •after\vards sustained from greatly superior
forces. It will probably be necessary to continue
this post during the war with Mexico, or at least so
long as there is any danger of the enemy's sending
troops from the opposite coast to again disturb the
tranquillity of the peninsula ; but it is not deemed ad-
visable to establish at this place any works of perma-
nent defence, the cliaracter of the port not beinc such
as to warrant expenditures for this purpose. The
defences of the cuartel or mission building: are deemed
sufficient for all purposes of temporary occupation.

Should the war with Mexico continue, and the
naval forces be again withdrawn from the gulf, it may
be necessary to establish temporarily a small military
post at Mulige ; but no permanent garrison will be
required either at that place or Escondido, unless,
perhaps, hereafter tlie commercial importance of the
latter port should justify such a measure.

La Paz is, therefore, the only port in Lower Cali-
fornia which it will be necessary, for the present, to
occupy with a permanent military force, or to secure

500 niSTORY OF CALIFORNIA.

by means of fortifications. For temporary pur-
poses, the site of the old cuartel is well suited
for the construction of defensive barracks, inas-
much as it commands the town, and may readily be
secured against an attack from the side. The
buildings at present occupied as barracks are not
judiciously located. A permanent work on Punta
Colorada vrill completely close the entrance to
Pichilingue cove, and its heavy guns will reach the
entrance to the channel of La Paz ; but to give the
requisite security to the latter, a small battery will be
necessary on Punta Prieta. The topographical fea-
tures of both these points are favorable for the con-
struction of small fortifications. Stone of good
quality for building purposes is found in the imme-
diate vicinity, and good lime may be procured Ml the
distance of only a few jiilles. Quarries have been
opened in the " Calaveras," and the stone, though
soft and easily worked, is found to be in this climate
of a very durable character. La Paz Is not difficult
to defend against a naval attack, and the proposed
fortifications may be constructed in a short time and
without a very large expenditure of money. The com-
mercial character of the place, its military import-
ance as connected with the defence of the peninsula,
its great value as a naval depot and port of refuge
for our commercial and military marine in case of war
with any naval power, will, it is believed, fully justify
the expenditures necessary for securing this port
against a maritime attack.

III. Commercial and military importance of Lower
California. — Thus far in my report I have proceeded
on the supposition that it Is the intention of our gov-
ernment to retain the v»hole of California in any

HISTORY OF CALIFORNIA. 501

treaty of peace ^vith Mexico ; but doubts have re-
cently been expressed on the policy of retaining this
peninsula, on account of its being of little or no value
to the United States. As the guerrilla forces "which
were sent over from Mexico the past summer, during
the absence of our squadron from this coast, to regain
possession of Lower California, and force the inhabit-
ants to their allegiance to the Mexican government,
have been defeated and completely dispersed, leaving
our own troops in undisputed possession of the terri-
tory, nothing but a conviction of the utter worthless-
ness of the country could now induce our government
to consent to its abandonmiCnt. On this subject I
beg leave to add a few remarks :

The peninsula of California lies between twenty-
two degrees fifty minutes and thirty-two degrees thirty
minutes north latitude, being about seven hundred
miles in length, and varying from fifty to one hundred
miles in breadth. An irregular chain or broken ridge of
mountains extend from Cape St. Lucas to the frontiers
of Upper California, with spurs running off on each
side to the gulf and ocean. Between these spurs are
numerous broad plains covered with stunted trees,
and during the rainy months with a thin but nutri-
cious grass. In the dry season this grass is parched
up like hay, but from its nutricious character it affords
abundant food for the herds of cattle and horses
which constitute the principal wealth of rancheros.
The dryness of the soil prevent the growth of trees
of any considerable magnitude, except on the borders
of a few mountain streams. This timber, though far
from being plentiful, is exceedingly durable and much
esteemed in ship-building. The greatest height of the
mountains is estimated five thousand feet ; many of

502 HISTORY OF CALIFORNIA.

them are piles of mere broken rocks, while others are
covered with grass, shrubbery, and small trees. The
plains are sandy and mostly unproductive — not, how-
ever, from any natural barrenness in the soil, but
from a deficiency of water. There are but few
durable streams in the whole country, and streams of
good water are extremely scarce. But in the plains
and most of the dry beds of rivers water can be obtained
by digging wells only a few feet in depth ; and
wherever irrigation has been resorted to by means of
these wells, the produce of the soil, from its remark-
able fertility, has abundantly rewarded the labor of the
agriculturist. Mu-ch of this soil is of volcanic origin,
having been washed from the mountains by the action
of heavy rains, and the produce extracted by means
of irrigation from these apparently barren and un-
prolific sands is something most marvellous. The
general aspect of the country on the coast is exceed-
ingly barren and forbidding, but I have seen no in-
stance where the soil is properly cultivated that the
labor bestowed on it is not well rewarded. The
growth of vegetation is exceedingly rapid, and the
soil and climate are such as to produce nearly all the
tropical fruits in great perfection. But the inhabit-
ants are disinclined to agriculture, and most of them
live indolent and roving lives, subsisting principally
upon theii* herds. Notwithstanding the unfavorable
character of the country, it is capable, in the hands
of an industrious and agricultural people, of support-
ing a population much more numerous than the pre-
sent. In the time of the missions, when very small
portions of the soil were cultivated, and even these
but rudely, by the Indians, the four districts of San
Jose, Santiago, San Antonio, and Todos Santos con-

HISTORY OF CALIFORNIA. 503

tamed a population of thirtv-five thousand souls,
whoreas, the present population of the same districts
is only seven thousand.

The agricultural products of Lower California are
maize, sugar-cane, potatoes, dates, figs, grapes, quin-
ces, lemons, and olives. A considerable quantity of
hides, beef, cheese, soap, sugar, figs, raisins, &c., is
annually exported to Mexico and Upper California,
flour and merchandise belncr received in exchange.
The vegetable market of Mazatlan is also in part
supplied from the valley of San Jos^.

But the value of Lower California does not result
from its being either a grazing or agricultural country.
Its fisheries, mines, commerce, and the influence of
its geographical position, are matters of much higher
importance than its agricultural productions.

The whole coast of the peninsula abounds with fish ;
clams and oysters are found in great plenty and of
every variety. The islands of the gulf abound with
seal, and the whaling grounds on the Pacific coast are
of great value. During the past year Magdalena
bay alone has, at one time, contained as many as
twenty-eight sail, all engaged in this fishery. The
pearl fishery is also exceedingly valuable. Formerly,
when it was conducted with system and regularity,
the annual produce of a single vessel with thirty or
forty divers, between the months of July and October,
usually amounted to about §60,000 ; and now, badly
as the fishery is conducted, the annual exportation of
pearls amounts to between forty and fifty thousand
dollars. Tortoise and pearl shells are also articles of
exportation.

Lower California contains valuable mines of gold,
silver, copper, and lead ; but, for the want of capital,

504 nisTonY of California.

very few of these are worked, and this in the rudest
manner possible. Nevertheless, the labor expended
on them is well rewarded ; and there can be no doubt
that with capital and suitable means they would yield
very handsome profits. The salt mines on Carmen
island are capable of supplying the whole coast of
Mexico and California; already the duties on this
article amount to a considerable sum.

The commerce of the peninsula is now very limited,
being principally confined to a coasting trade with
the ports of Mexico. The whole population of the
country is but little more than ten thousand, and the
annual imports and exports are estimated at $300,000..
But in our hands this commerce, freed from the ab-
surd restrictions imposed by Mexico, will soon receive
a very great extension. La Paz will become the prin-
cipal depot of American goods for the western coast
of Mexico ; and in a few years most foreign goods in-
tended for this coast will also be deposited in the
warehouses of Lower California, to be transferred to
the ports of Mexico at such times and in such quanti-
ties as the demands of the market may require. In
the present variable state of Mexican trade, resulting
from an irregular and fluctuating tariif, which differs
for each port and changes with every change of
general or state administration, it is frequently neces-
sary to transfer vessels with their cargoes from one
port to another, or to keep them for weeks at sea,
standing off and on, so as to enable the agents to
arrange the rate of duties at the custom-house before
landing the cargoes. Sometimes the consignees are
obliged to send their vessels to the Sandwich islands,
or Valparaiso until a change of administration will
enable them to avoid the exorbitant demands of some

MOUNTAIN SCENERY— LOWER CAI.IFOMMA.

HISTORY OF CALIFORNIA. 505

petty governor or collector of customs. Moreover,
the principal commercial ports of this coast (Mazatlan
and San Bias) arc inaccessible to merchant vessels for
four months of each year, and during that time are
visited only by small coasters. But, with Lower
California in our possession, merchant vessels of
whatever character, at all seasons and in all winds,
can find a refuge in La Paz, and their cargoes
despatched in such quantities and to such points of
the opposite coast as circumstances may justify. This
place in a few years will be what Mazatlan now is,
and Mazatlan experience the fate of San Bias and
Acapulco.

The importance, however, of this port results mainly
from its geographical position, and the influence it
is likely to exert as a military and naval depot upon
our commercial interests in the Pacific. The port of
San Francisco, in Upper California, should be well
fortified, and every care taken to make it a harbor
of refuge for our merchant and military marine, in
case of a maritime war ; but it must be remembered
that that place is nearly fifteen hundred miles from
the nearest port of Mexico, and that it is very far
north of some of the best whaling grounds in the Paci-
fic, and too distant to afibrd much protection to our
commerce with Central America, although its position
gives it a controlling influence over the commerce of
Sandwich Islands, L^pper California, and Oregon.
In the same way a well-fortified naval station at La
Paz, from its immediate proximity to the coast of
Mexico, would have a most beneficial influence on our
commercial and whaling interest in this part of the
Pacific. The great value, in time of maritime war,
of such key points as La Paz, and the commanding

43

506 HISTORY OF CALIFORNIA.

influence exercised by them in the protection of com-
merce, have become settled principles in military
defence ; and England shows her appreciation of their
truth, and the wisdom of her own policy, in establish-
ing stations and points like St. Helena, Cape of Good
Hope, Gibraltar, Malta, Corfu, and Bermuda.

Again, the growing commerce of California and
Oregon, and the political importance of our posses-
sions on the Pacific, render it necessary that we should
have some means of rapid communication between
them and the seat of government at Washington.
This communication must be effected by the isthmus
of Panama or of Tehuantepec. In either case steam-
ers bound to Upper California and the Columbia River
must have one or more intermediate depots of fuel;
and in time of war it is important that these depots
be established in our own rather than in a hostile ter-
ritory. A glance at the map will show that La Paz
is nearly equidistant from the extremities of this line ;
and that Tehuantepec, La Paz, and San Francisco
divide into four equal parts the whole distance from
Panama to Oregon. Moreover, as this ocean is pecu-
liarly suited to steam navigation, a large part of the
commerce of the Pacific must eventually be carried on
in steam vessels ; and in all probability not many
years will elapse before a portion of our naval force in
these waters is of the same character. Under this
supposition, the importance of our possessing some
naval depot and harbor of refuge and repair south of
Upper California is too manifest to require argument
or illustration.

But whatever may be thought of the value of this
peninsula or of the gulf as a natural boundary between
us and Mexico, instead of an imaginary line drawn

HISTORY OF CALIFORNIA. 507

from the Colorado to the Pacific, thus separating a
kindred people, and exposing the governments of the
two territories to continual collisions, the propriety of
retaining Lower California is, in mv opinion, now no
longer an open question. When this country was fii-st
taken possession of by the forces of the United States,
the people were promised the protection of our govern-
ment against Mexico, and guarantied the rights secured
by our Constitution; and in November, 1847, they
were assured by the commander-in-chief of the Paci-
fic squadron, (with the approbation of the Secretary
of the Navy,) that this territory would be permanent-
ly retained by the American government ; and again,
by the President of the United States, in his annual
message of December, 1847, that it " should never
be given up to Mexico." Acting under these assur-
ances, all the most respectable people of the territory
not only refused to take part with the Mexican forces
which were sent to attempt the recapture of that country
from the Americans, but many of them actually took
up arms in our defence, and rendered most valuable
services in ridding the peninsula of the guerrilla hordes
sent over from Mexico for the purpose of efi'ecting
our expulsion. In this conflict, some who thus sided
with us lost their lives, many their property, and all
have exposed themselves to the vengeance of the
Mexican government. But these losses and dangers
they have willingly encountered, in the hope of ob-
taining the better government of the United States.
They have regarded these promises as made in good
faith, and have been guided in their conduct by the
assurances thus held out to them by the agents of the
American government ; and now, for the United
States to voluntarily surrender this country to the

508 HISTORY OF CALIFORNIA.

republic of Mexico, and leave these Californians ex-
posed to the loss of life and confiscation of property,
for having sided with us, under the assurances thus
held out to them, would not only be in itself a breach
of national faith, but would make us appear in the
eyes of the world guilty of the most deliberate and
cruel deception.

H. WAGER HXLLECK.
Lieutenant of Engineers,
Colonel R. B. Mason,

Commanding Tenth Military/ Department,

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A History of the late war prepared for popular circulation. The writer takes a
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volume, illustrated — uniform with "Headley's Sacred
Mountains." $1,25.

The author of this work possesses enough traits of resemblance to the author ©f
the Sacred Mountains, to leave no doubt of his right to the name of Headley. There
i8 much of that spirited descriptive power, which has made the elder brother a
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sketches are brief, and embody all the historic incidents recorded of them. — Neu)
York Evangelist.

A younger brother of J. T. Headley is the author of this beautiful Tolume. It will
probably have a larger circulation than ilie splendid work issued last fall by the
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while it is ornamental enough for the centre table. It contains nineteen descriptive
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history. The ilUi.«trations are from original designs, and are numerous and appro-
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of the most remarkable females of a must extraordinary era in the world's history.
The author h.-is appropriated very much of the poetry and romance of the Bible, in
the sketches he has given of nineteen women, who have come down to us through
Iheir peculiar merits, embalmed in sacred inspiration. Whoever reads the story of
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The Lives of Mary and Martha, mother and
wife of Washington : by Margaret C. Conkling,
with a steel portrait, 18mo, scarlet cloth.

Miss Conkling, who is a daughter ef Judge Conkling of Auburn, is favorably
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A woman may be made."

The mother and wife of Washington were, in many respects, model women, and
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drawn on these pages. — Literary Messenger.

This beautifully printed and elegantly bound little work, reflecting the highest
credit upon the skill and task of the publishers, contains biographical sketches of
Mary, the mother, and Martha, ihe wiis of the Father ol his country. It is a most
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great public events of the century during which the subjects lived, but those pictures
01 home lite, and that exhibition of social manners and customs, which constitute
the most important part of life, but which, from the fact ol their apparent triviality
and intangibility, the historian generally passes over. The authoress evidently
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womanly virtues which characterized the heroines of her narrative, she makes the
most eloquent plea in favor of the dignity of her sex. It is dedicated to Mrs. Wm.
H. Seward, and contains a finely executed engraving of the wife of Washington.
We cordially commend it to the public, and most especially our lady readers.—
Syracuse Journal.

This acceptable and well written volume goes forth upon a happy mission,
" To teach us how divine a thing
A woman may be made,"

by unfolding those charms of character which belong to the mother and wife of the
hero of the Land of the Free ; and in the companionship of which, while they illus-
trated the watchful tenderness of a mother, and the confiding aflections of a wife,
is shown those influences which made up the moral sentiments of a man, whose
moral grandeur will be felt in all that is future in government or divine in
philosophy ; and one whose name is adored by all nations, as the leader of man in
m the progress of government, to that perfection of human rights where all enjoy
liberty and equality. To say that Miss Conkling has fulfilled the task she says a
"too partial friendship has assigned her" faultlessly, would perhaps be too
unmeasured praise, for perfection is seldom attained; but it will not be denied but
that her biographies are traced in the chaste elegances that belong to the finished
periods of a refined style, which fascinates the reader with what she has thus contri-
buted to our national literature.

The design of the volume is, to picture a mother fitting the " Father of hi!?
Country " in a light full of the inexhaustible nobleness of woman's nature, and yet
as possessing that subdued and quiet simplicity, where Truth becomes the Hope on
which Faith looks at the future with a smile. The mother of Washington was
tried in a school of practice where frugal habits and active industry were combined
with the proverbial excellences of those Virginia matrons, who were worthy mothers
of such men as Washington, Jefferson, Marshall, and Henry. Miss C. has pictured
with fidelity and elegance, her views of this remarkable woman ; not less beauti-
fully has she sketched the character of Martha, the wile ; following her from her
brilliant manners as the Virginia belle, through the various phases of her life, she
gives a rapid but comprehensive view of those characteristics which make up the
quiet refinement of manners native to her, and which ever gave her the reputation
of an accomplished wife and lady. And with peculiar delicacy Miss Conkling has
portrayed the thousand virtues with which she embellished a home ; her amiable
disposition and winning maimers made the happiest to the purest and best of all
men fame has chosen' for its noblest achievments.— Syracuse Star.

y^