History of the State of California Part 26

I found the town flouris.h.i.+ng and prosperous, with a busy, industrious population of Americans, and refer you to the copies of my military correspondence for the steps adopted to give them a good town government. The Bay of San Francisco, you are well aware, is a s.p.a.cious, elegant harbor, susceptible of the most perfect defence; but as yet nothing has been done towards fortifying it, or even placing any of the heavy guns in position at the old fort. It is found almost impossible to get much work out of the volunteers; and all that I can now expect of the two companies of Major Hardie's command 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 a.s.sistant quartermaster, Captain Folsom. All this labor is done by the volunteers, so that the improvements will be made at very little expense to the government. The price of lumber 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 permanent 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 department 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 sh.e.l.ls are in the town in the open air, protected by paint alone. The great difficulty of hauling such articles over the rugged hills between the town and presidio will prevent their being hauled to the latter place this season.

I did design to continue my tour of inspection to Sonoma and the Sacramento River, but was recalled by hearing of the arrival of the bearer of despatches at Monterey.

When on my way up to San Francisco, I was overtaken by Captain Brown, of the Mormon battalion, who had arrived from Fort Hall, where he had left his detachment of the battalion, to come to California to report to me in person. He brought a muster-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, Paymaster 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 battalion 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 pa.s.s 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 ent.i.tled 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 antic.i.p.ated 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 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 Sandwich 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 clothing for the regulars and volunteers is already felt in California; and unless a supply has already been despatched, many of the garrisons will be without shoes and proper clothing this winter. The price of such articles here is so exorbitant as to place them beyond the reach of the soldiers. The volunteer clothing brought by Sutler Haight has already been disposed of to citizens and soldiers, and there are no means of his renewing the supply except by sending to the United States. Justice to the soldier demands that he either be comfortably clad by the government, or that it should be within his power to clothe himself on the allowance provided for that purpose by law.

I respectfully recommend, if it has not already been done, that a large supply of infantry undress winter clothing be sent immediately to this country, to be distributed, so as to enable each volunteer to purchase for his own immediate use at cost prices. No summer clothing is needed, as the climate is too severe, summer and winter. Such articles as good blankets, cloth overcoats, caps, jackets, overalls, stockings, and shoes with stout s.h.i.+rts and drawers, are the only ones that will ever be needed here.

General orders No. 10, of 1847, promotes Lieutenant Loeser, 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 a.s.sistant adjutant general, has reduced the number of officers of that company to but two--Lieutenants Ord and Loeser. I trust that the two companies of regulars in this country will be kept with a full supply of officers, that an officer, upon being promoted, may be enabled to join the army in the field, and partic.i.p.ate in the active operations to which he looks for distinction and experience.

Captain H. M. Naglee, seventh New York volunteers, with a strong detachment of his company, is now absent in pursuit of Indians in the valley of the San Joaquin. He has with him Lieutenant Burton's company of California volunteers, which is expected to return to Monterey before the end of this month; in which case I shall cause it to be mustered out of service, and discharged on the 31st day of October.

Again I have to report the death, by sickness, of an officer of my command--Lieutenant C. C. Anderson, 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 September. He was buried with military honors by the troops at San Francisco, under direction of Major Hardie. This death reduces the number of officers in Captain Brackett's company, seventh regiment New York volunteers, to one captain and one second lieutenant.

Commodore Shubrick will sail for the west coast of 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 Commodore 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 a.s.sure the department 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 a.s.sistance of Commodores Biddle and Shubrick, and my requests have been granted with promptness and politeness; and in return I have afforded them all the a.s.sistance in my power. Our consultations have been frequent and perfectly harmonious, 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, _Colonel 1st Dragoons, Commanding_.

To General R. Jones, _Adjutant-General, Was.h.i.+ngton, D.C._

APPENDIX J.

We have already given the substance of Governor Mason's despatch to the government, giving an account of the gold discovery and a visit to the _placers_. There is, therefore, no necessity for inserting that official doc.u.ment. The appearance in Upper California, in July 1848, of Don Pio Pico, the former governor of the territory, gave rise to serious apprehensions 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 arrival of Don Pio Pico in this district. I subsequently learned that he had pa.s.sed through San Diego without 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 gubernatorial functions, and that he had only to exhibit his credentials 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 countrymen, and that, at the first appearance of any disrespect to the American authorities, I should arrest and confine them in the guard-house. This had the 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 fatigue of his journey. On Sat.u.r.day, the 15th instant, he reached the ranch of an Englishman named Workman, 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 returned to resume his gubernatorial functions, &c., and also that he should not report to me, but go direct to San Fernando, from whence he would communicate with you. The moment I became satisfied that he intended to adopt this course, I issued an order (copy inclosed) requiring him to report to me immediately in person. I sent my adjutant with a detachment of men to the ranch of Workman to deliver to Don Pio in person a copy of this order, with instructions to bring him in by force, in case he refused or even hesitated to obey. The adjutant returned here at twelve o'clock on Monday with information that the Don had left for San Fernando. I immediately despatched Lieutenant Davidson with a detachment of dragoons and a copy of the order, with instructions similar to those given Adjutant Bonnycastle. About five o'clock on Tuesday morning I received a visit from a gentleman named Reed, living at the mission of San Gabriel, who informed me that Don Pio Pico had arrived at his house quite late in the evening of Monday, on his way to San Fernando. Reed inquired if he did not intend reporting to me in person; he answered in the negative; when Reed a.s.sured him, if he attempted to pa.s.s my post without reporting, I would cause him to be arrested, and that he was aware of my being displeased at his pa.s.sing through San Diego without reporting to the commandant of that post. Don Pio Pico, upon receiving this information, became alarmed, and requested Reed to come in and see me, to say he intended no disrespect, and would come and report at any hour I would name. Reed is a highly respectable man, and has ever been friendly to the American cause; and I gave him a copy of the order I had issued in regard to Don Pio, requesting him to deliver it, and say to Don Pio, he could come in at any hour he chose, within twenty-four hours. Accordingly about eight P.M., the same evening, the ex-governor came in. He was unaccompanied even by a servant, evidently desiring it should not be known he was in town. I received him kindly, told him I had no desire to treat him harshly, but that the American authorities must be respected, and if he had not come in I should certainly have arrested him. He informed me that he left Guaynas on the 22d of May, crossed to Mulige, which he left for California on June third, and arrived at San Diego, July sixth. He says that when he left Guaynas nothing had been heard of the action of the Mexican Congress upon the treaty, but it was generally supposed it would be ratified. He says the Mexican government did not answer any of his communications; and the moment he saw the armistice published in a newspaper, he determined to return home, as he supposed he could return with credit, under the stipulations of the armistice. He brings with him no other authority for his return, and says he desires to live 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 conquered Mexican territory have been treated as kindly as the Californians have been by the American authorities. 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 about five feet seven inches high, corpulent, very dark, with strongly-marked African features; 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 informed he cannot write a connected letter; hence, as he informed me, he would 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 a.s.sume the bombastic tone he did upon his first arrival, have done him irreparable injury for he is now ridiculed by many who before entertained a high respect for him.

I have the honor to be, very respectfully, your obedient servant,

J. D. STEVENSON, _Colonel 1st New York Regiment, commanding S. M. District_.

Colonel R. B. Mason, _1st U. Dragoons, Governor of California_.

P. S.--Since writing the above, I have received the inclosed note from Don Pio Pico, inclosing a communication 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 3d 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 a.s.suming 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 that time in force, and the difficulties with various a.s.semblies elected in the northern part of the territories.

EXECUTIVE DEPARTMENT OF CALIFORNIA, _Monterey, June 30, 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 Colonel Mason from his duties as Governor of California.

It was (with the advice of Colonel Mason) my intention, on a.s.suming the direction of civil affairs in this country, to complete the organization of the existing government; at the same time to call a convention for forming a State Const.i.tution, or plan of territorial government, to be submitted to Congress for its approval. 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 without 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 affairs here, and pointing out the course it was deemed advisable to pursue in order to procure a new political organization better adapted to the character and present condition of the country. The course indicated 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 Const.i.tution, to be submitted to Congress in the early part of the coming session.

A few prefer a territorial organization, but I think a majority will be in favor of a State government, so as to avoid all further difficulties respecting the question of slavery. This question will probably be submitted, together with the Const.i.tution, 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 Const.i.tution or plan of territorial government 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 const.i.tuted 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 a.s.semblies were organized, and laws enacted for the government of the people of these districts. The members of the Sonoma a.s.sembly, however, soon became convinced of their error, and that body was dissolved. But in San Francisco the a.s.sembly 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 removed from his custody. On receiving official information of these facts, I issued my proclamation 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 a.s.sembly are convinced of the impropriety of the course pursued by that body, and in a very short time I think all the difficulties will be amicably arranged. These difficulties arose in part from a misapprehension as to what const.i.tuted 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 Was.h.i.+ngton respecting the government of this country, and the disposition manifested by the authorities here to enforce 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 dissolved, 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 until altered by 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, partic.i.p.ate in political power; they do not share in the government till [California] shall become a State. In the mean time, [California] continues to be a territory of the United States, governed by virtue of that clause of the const.i.tution which empowers Congress to make all needful rules and regulations respecting the territory and other property belonging to the United States.

When we take into consideration the great ma.s.s of floating population 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 circ.u.mstances, 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 disturbed. But it is believed that in the mean time a more complete organization 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 districts. I shall soon visit the valleys of the Sacramento and San Joaquin, and hope to be able to report upon the true state of affairs there by the August steamer. As Congress has declined pa.s.sing 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 circ.u.mstances, in leaving the placers open to all; for it would be exceedingly difficult to enforce any regulations 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, extending 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 establis.h.i.+ng a mint in California, with the least possible delay.

Information, not official, has been received, that the revenue laws 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 custom-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 government, 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 pursued by my predecessor was rendered absolutely necessary by the peculiar circ.u.mstances 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 collection of duties, large amounts of dutiable goods would have been placed in depot on this coast, to the manifest 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 expenses of the existing civil government, be given to California as a "school fund," to be exclusively devoted to purposes of education. No difficulty has been experienced in enforcing the tariff of 1846, and the revenue has been collected at a very moderate expense, considering the peculiar circ.u.mstances 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 recommend 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 centage 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 expenditures_ 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 pa.s.sing receipts, would be ent.i.tled 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.

[Ill.u.s.tration]

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 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 collected in California, and the papers and accounts connected with the expenditure of this civil fund will be sent to Was.h.i.+ngton, 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., and Governor of California_.