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PREFACE.
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 history of the world. According to present appearances, these events forebode a complete revolution in monetary and commercial affairs. The receipts of gold from California have already produced a sensible effect on the financial affairs of our country; and far-seeing people predict an entirely new state of things with respect to the relative value of money and propert
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CHAPTER I.
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 territory, east by territories belonging to the United States and the Gulf of California, and on the south and west by Mexico and the Pacific Ocean. California is naturally divided into two portions; the peninsu
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CHAPTER II.
CHAPTER II.
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 adjoining 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 perseverance. He employed vessels in surveying the coasts of the Me
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CHAPTER III.
CHAPTER III.
FROM THE FIRST SETTLEMENT TO THE REVOLUTION IN MEXICO. The first establishment of the Spaniards in California, was made by the Jesuits, in November, 1697. The settlement was called Loreto, and founded on the eastern side of the peninsula, about two hundred miles from the Pacific. On entering California, the Jesuits encountered the same obstacles which had before prevented a settlement of the country. The land was so sterile, that it scarcely yielded sustenance to the most industrious tiller, and
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CHAPTER IV.
CHAPTER IV.
FROM THE REVOLUTION TILL THE WAR BETWEEN THE UNITED STATES AND MEXICO. Before the commencement of the struggle for independence 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 overthrow of the Spanish rule, in 1822, the territory of California was divided into two portions. The peninsula was then call
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CHAPTER V.
CHAPTER V.
FROM THE COMMENCEMENT OF THE WAR 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 tha
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CHAPTER VI.
CHAPTER VI.
DISCOVERY OF THE GOLD PLACERS. By the treaty concluded between the United States and Mexico, in 1847, the territory of Upper California 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 U
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CHAPTER VII.
CHAPTER VII.
ADVENTURES OF SOME OF THE MINERS, AND INCIDENTS CONNECTED WITH MINING. The adventures of the eager gold-seekers in the region of their hopes, among the washings and the diggings of the placers , 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, is 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 f
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CHAPTER VIII.
CHAPTER VIII.
DESCRIPTION OF SOME OF THE CITIES AND TOWNS OF 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 fi
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CHAPTER IX.
CHAPTER IX.
THE FORMATION OF A STATE GOVERNMENT. 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 precedent in history; and from a statement of that condition, 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 government of the United States will not be contradicte
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CHAPTER X.
CHAPTER X.
POPULATION, CLIMATE, PRODUCTIONS, &C. With regard to the population, climate, soil, productions, &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 "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, "He exp
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THE OVERLAND ROUTE.
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 a
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CHAPTER XII.
CHAPTER XII.
RECENT EVENTS. Believing that every event which in any way affects the interests or welfare of California is important 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 o
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CHAPTER XIII.
CHAPTER XIII.
THE MINERALOGICAL AND OTHER CHARACTERISTICS 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
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CHAPTER XIV.
CHAPTER XIV.
ADDITIONAL RECENT EVENTS. The history of the laws of a State affords the best idea of its social condition—present and prospective; for they are framed from the necessity of circumstances and the demands of the inhabitants. We may, therefore, see the condition and the progress of the Californians 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. Among the one hundre
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CHAPTER XV.
CHAPTER XV.
A GENERAL VIEW OF CALIFORNIA AT THE PRESENT TIME. We have followed the narrative of the events in the history of California up to the present time. We have traced her progress from her first settlement up to the time when she appears as a sovereign republican State; and we have seen the effects of her vast metallic wealth working wonders in a short space of time. We have seen her towns before and after the gold discovery, and marked the contrast; and we have seen her territory become thickly peo
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CHAPTER XVI.
CHAPTER XVI.
EVENTS IN CALIFORNIA FROM THE ADMISSION OF THE STATE INTO THE UNION TO THE COMMENCEMENT OF 1853. Since the foregoing chapters were written, events of considerable importance have transpired in California. Remarkable political steps have been taken, and disastrous accidents by flood and fire have happened. The crimes of robbery and murder becoming of so frequent occurrence in San Francisco that all security of person and property was threatened with destruction, a meeting of citizens was called,
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ARTICLE I. DECLARATION OF RIGHTS.
ARTICLE I. DECLARATION OF RIGHTS.
Sec. 1. All men are by nature free and independent, 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 people. Government is instituted for the protection, security, and benefit of the people; and they have the right to alter or reform the same, whenever the public good may require it. Sec. 3. The right
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ARTICLE II. RIGHT OF SUFFRAGE.
ARTICLE II. RIGHT OF SUFFRAGE.
Sec. 1. Every white male citizen of the United States, and every white male citizen of Mexico, who shall have elected to become a citizen of the United States, under the treaty of peace exchanged and ratified 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 her
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ARTICLE III. DISTRIBUTION OF POWERS.
ARTICLE III. DISTRIBUTION OF POWERS.
The powers of the government of the State of California shall be divided into three separate departments: 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....
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ARTICLE IV. LEGISLATIVE DEPARTMENT.
ARTICLE IV. LEGISLATIVE DEPARTMENT.
Sec. 1. The legislative power of this State shall be vested in a Senate and Assembly, which shall be designated the Legislature of the State of California, and the enacting clause of every law shall be as follows: "The people of the State of California, represented 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
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ARTICLE V. EXECUTIVE DEPARTMENT.
ARTICLE V. 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
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ARTICLE VI. JUDICIAL DEPARTMENT.
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 Sta
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ARTICLE VII. MILITIA.
ARTICLE VII. 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. Officers 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 suppress insurrecti
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ARTICLE VIII. STATE DEBTS.
ARTICLE VIII. STATE DEBTS.
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 liabilities 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
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ARTICLE IX. EDUCATION.
ARTICLE IX. EDUCATION.
Sec. 1. The Legislature shall provide for the election, 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 suitable means, the promotion of intellectual, scientific, moral and agricultural improvement. The proceeds of all lands that may be granted by the United States to this State for
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ARTICLE X. MODE OF AMENDING AND REVISING THE CONSTITUTION.
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 Assembly; 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 preceding the time of making such choice. And if, in the Legislature next chosen, as afo
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ARTICLE XI. MISCELLANEOUS PROVISIONS.
ARTICLE XI. 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
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ARTICLE XII. BOUNDARY.
ARTICLE XII. BOUNDARY.
The boundary of the State of California shall be as follows:— Commencing at the point of intersection of the 42d degree of north latitude with the 120th degree of longitude west from Greenwich, and running south on the line of said 120th degree of west longitude until it intersects the 39th degree of north latitude; thence running in a straight line in a south-easterly direction to the River Colorado, at a point where it intersects the 35th degree of north latitude; thence down the middle of the
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SCHEDULE.
SCHEDULE.
Sec. 1. All rights, prosecutions, claims and contracts, 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 removal of all causes which may be pending when this Constitution goes into effect, to courts created by the same. Sec. 3. In order that no inconveni
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B. ADDRESS TO THE PEOPLE OF CALIFORNIA.
B. ADDRESS TO THE PEOPLE OF CALIFORNIA.
The undersigned, delegates to a convention authorized 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 considerat
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C MESSAGE FROM THE PRESIDENT OF THE UNITED STATES,
C MESSAGE FROM THE PRESIDENT OF THE UNITED STATES,
Transmitting information in answer to a resolution of the House of the 31st of December, 1849, on the subject of California and New Mexico. To the House of Representatives of the United States. —I transmit to the House of Representatives, in answer to a resolution of that body passed on the 31st of December last, the accompanying 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 fou
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D. Executive Department of California,
D. Executive Department of California,
Monterey, August 30, 1849 . General :—I have the honor to transmit, herewith, copies of civil papers and letters issued by me since my despatch of June 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 Wescott, and Lieutenant Derby, of my military staff, I left this place on the 5th July for the purpose of inspecting the military posts in the interior, and of learning from
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E
E
The following official despatch of General Persifor F. Smith, contains an opinion of the position of San Francisco totally different from that of the numerous California tourists. It is a valuable opinion, nevertheless, 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 Francisco, April 5, 1849 . General :—Since my last communication no troops have arrived to change the strength of the force here; but t
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Appendix F.
Appendix F.
The following despatch contains instructions to General Kearny concerning the conquest of California, contained in a despatch from the Secretary of War, marked confidential. But a portion of these instructions were carried out, in consequence of the anticipation 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 moun
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Appendix G.
Appendix G.
The particulars of the conquest of Upper California, 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 Stockton. 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
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H.
H.
United States Barracks , La Paz, California, April 13, 1848 . Sir : I have the honor to acknowledge the receipt of your letter of March 1, 1848, and to report the arrival of the army storeship "Isabella" at this place on the 22d of March, 1848, with Captain Naglee's company (D) New York volunteers, and one hundred and fourteen recruits for the detachment of New York volunteers stationed at this place. The rescue of the prisoners of war on the 15th ultimo caused great excitement among the enemy,
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Appendix I.
Appendix I.
The following 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 Mr. Toler, with despatches from Washington, the receipt of which I have the honor to acknowledge. I am also informed by Commodore Shubrick that the sloop-of-war Preble is ready to sail for Panama, with Passed Midshipman Wilson as bea
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Appendix J.
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 document. 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 a
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Appendix K.
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 that time in force, and the difficulties with various assemblies elected in the northern part of the territories. Executive Departmen
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Appendix L.
Appendix L.
Governor Riley took occasion to make an excursion through the gold regions, soon after his affairs with the assemblies were disposed of. A reconnoisance of the valleys of the Sacramento and San Joaquin was made, and particular care given to the matter of establishing military posts for defending the miners and others from the attacks of the Indians. After his return to Monterey, the following despatch was sent to the headquarters of the United States army. The subject of the Indian troubles rece
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Appendix M.
Appendix M.
In the early part of 1848, Lieut. H. W. Halleck, of the Engineers, was ordered to make a reconnoisance 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 description of the coast and harbors, and proposing a system of military defence, he submits some remarks upon the commercial and military importance of the peninsula. The whole report is interesting, and furnishes the most correct information upo
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