USA > California > Humboldt County > History of Humboldt County, California : with illustrations descriptive of its scenery, farms, residences, public buildings, factories, hotels, business houses, schools, churches, etc., from original drawings, including biographical sketches > Part 12
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This was suggested to the defendant at the bar, who was delighted with the arrangement of being defended by the pre- siding Judge. There being no District Attorney present, it was expected that the presiding Judge would also look out for the interests of the people. With the Court thus organized, the trial began. Ide would question the witnesses, raise his points of law on cither side, and then get on the bench to help decide them, take exceptions to his own ruling, and then as Clerk make the entries.
When the testimony was all in Ide addressed the jury, pre- senting first the side of the prosecution, and then of the defense, winding up with a plea for mercy. Then he got on the beneb again, and instrneted the jury calmly and impartially as to the law in the case. The jury retired, and in a few moments brought in a verdict of "guilty."
*Written by Will S. Green, of the Colusa Sun, for Elliott's History of Colusa County.
58
THE RAISING OF THE AMERICAN FLAG.
When the time for sentence caine, the Judge ordered the prisoner to stand up, and he addressed him in substance as follows: " Yon have had a fair and impartial trial by a jury of ! your peers. You have been ably defendled by counsel appointed by this Court. The jury have found you guilty of grand larceny, the penalty of which, under the benign laws of this State, is death. It is, therefore, the judgment of this Court that you be taken by the Sheriff to some couvenieut place, ou the - day of -, and then and there hanged by the neck, until you are dead, dead, dead, and may the Lord have mercy on your soul."
Turning to Associate Huls, he ordered the Sheriff to take charge of the prisoner. A day or so before that set for the execution Huls went over after his prisoner, but found that he had been pardoued out by the Governor, without the officers of Colusa County knowing anything about it.
ONLY FIGIIT UNDER THE BEAR FLAG.
1846 .- The only real fight of the war occurred on the twenty- tifth of June, between a body of about eighty Californians and some twenty men under command of Lieutenant Ford. These few men were put to flight, and continued their march across thic bay. F'remont arrived at Sonoma two days after the fight, still hesitating,. He wauted, so we are told by Semuple and Ide, (who informed Will S. Green, of Colusa,) to occupy a posi- tion where he might reap the benefit of a victory and not suffer from defeat.
After the return of the Californians across the bay, the Bear Flag Party urged Fremont to capture the ship Moscow, then lying at Saucelito, cross the bay, capture Castro, and by one bold stroke end the war. Captain Phelp, of the Moscow, was in full sympathy with the movement, and even went so far as to put a lot of provisions on a launch near enough to them to be captured by the party of revolutionists.
Com. John D. Sloat took possession of Monterey, and three days afterwards the Bear Flay Party heard of it, and the Stars and Stripes took the place of the Bear at Sonoma.
AMERICAN FLAG RAISED IN MONTEREY.
On Saturday, July 11, 1846, came the astounding news from Monterey that Commodore Sloat had arrived there in the United States frigate Surannah, and had raised the United States flag, and had taken possession of the country in consequence of war, which had broken out between the United States and Mexico. It was understood that Commodore Sloat requested Captain Fremont to go with all possible dispatch to Monterey.
The United States tlag was raised in Monterey on July 7th. If the messenger started immediately, he was four days on his way to Fremont's camup. But Fremont appears to have been nine days on the way to Monterey, reaching there on Sunday, July 19th. If the question is asked, why this slowness, when
speed would be so certainly looked for, the reply must be that no auswer is apparent.
CAPTURE OF MONTEREY .*
" Concerning the capture of Monterey," says Will S. Greeu, "we were fortunate enough to hear the recital by Commodore Sloat himself. War was anticipated between the United States and Mexico long before it occurred, and Commodore Jones, thieu in command on this coast, was instructed to take Monte- rey, the capital of California, as soon as heheard hostilities had commenced. As we have seen, he acted too hurriedly, and, on the instauce of the American Minister, he was removed. Sloat, who succeeded, had the same instructions, and was lying at Mazatlan with a frigate and sloop-of-war anxiously watching the signs of the times. It was known that there was an arrangement with England to take possession of California, and hold it for Mexico iu case of war. Admiral Seymour, of the British navy, with the line-o'-battle ship Collingwood, was also at Mazatlan waiting orders. One day Seymour got dis- patches, and Sloat got none. Sloat set a watch on the Admi- ral's movements, and found him in close consultation with the leading Mexicans, who avoided the American commander. He guessed that hostility had commenced, and when Seymour went on board his vessel and began to make ready for departure, he felt certain of the fact; and the white sails of the Collingwood had not disappeared in the distance before the two small Amer- ican vessels were under way for Monterey. Every possible inch of canvas was spread and a quick voyage was made. Ou arriving at Monterey a demand was made for the surrender of the place, which was complied with without the firing of a gun. In a day or so the lookout announced the approach of the Collingwood. Not knowing how the Admiral would inter- pret his order to take possession of Monterey, the Commodore had his two small vessels got in readiness for action. The huge Englishman sailed up between the two American vessels and dropped anchor. Sloat sent an officer on board with his compliments to the Admiral, and the latter came in person to see the Commodore. He told Sloat that he knew that he had receiver] no official information of the existence of war, and added that no officer in the British navy would have taken the responsibility he had done. He then asked Sloat, in a sort of bantering way, what be would have done if he had come into port and found the British flag flying. "I would have had you sink these two little ships for me," was the Commuodore's reply. It was thus owing to the prompt action and courage of Commodore Sloat that we became possessed of California.
WHERE FIRST AMERICAN FLAG WAS RAISED.
" The soil of San Benito County claims the honor of having sustained the first American flag of conquest ever unfurled to a California ' breeze,' General Fremont having
*More fully given in the local " History of Colusa County," by Elliott & Co.
59
PROGRESS OF THE BEAR FLAG WAR.
floated the United States Hag on the Gabilan Peak in Slarch, 1846."
Judge James F. Breen, one of the survivors of the Donner party, in preparing a history for us of San Benito County, says: " This statement has been often challenged as not being a his- lorical fact. But I believe a careful examination of the facts connected with the conquest and possession of California by the United States will justify the above assertion."
General Fremont had been ordered out of the country by General Castro. Matters began to look serious, and Captain Fremont concluded to retire, at his leisure, however, but to leave nothing undoue to make an available defense if attacked. He accordingly abandoned the Mission of San Juan, and led his company, with their horses, provisions, and such munitions of war as he had, up the steep acelivities leading to the Gabilan, or Fremont's Peak, as it is often and more appropriately called. which overlooks the towns of Hollister and San Juan. He there camped, crected a flag-staff and unfurled the Stars and Stripes, and calmly awaited the attack. But the attack was uot delivered.
The spot where Captain Fremont haltedl his company, and raised the flag, is on the San Benito side of the division line between Monterey and San Benito Counties; and the prom- inent peak which rises just above the spot is to-day better known as Fremont's Peak than as the Gabilan Peak, as it was called by the Californians. And so it is that San Benito County claims, with justice, that her soil supported the first American llag of conquest that was ever unfurled to a California breeze. It is to be borne in mind that Commodore Sloat did not raise the American flag over Monterey until July 10, 1846; and that the famous " Bear Flag," which was American in senti- ment il not in design, was not raised by Ide at Sonoma until June of the same year.
WAR DECLARED AGAINST MEXICO.
In the meantime Congress had (unknown to these parties) declared war against Mexico, and an expedition 1,600 strong, nuder Gen. Stephen W. Kearney, was traversing the conti- nent in the direction of the Pacific. Simultaneously with Fremont's action in the north, Commodore Sloat seized upon Monterey; and his successor-Commodore Stockton-prepared at once for the reduction of the then principal city of Los Angeles.
CAPTURE OF LOS ANGELES.
With this end in view he organized a hattnlion of mounted ritlemen, of which Fremont was appointed Major, and Gilles- pie Captain. This force was embarked on the sloop-of-war Cyane, and dispatched to San Diego with orders to co-operate with the Commodore in his proposed movement on the Ciudad de Los Angeles. On August Ist Stockton sailed in the Con- gress, and on the sixth arrived at San Pedro, having taken possession of Santa Barbara on his way. He now learned that
the enemy under Geuerals Castro aud Andres Pico were strongly posted near Los Angeles with a force estimated at 1,500 inen. He learned further that Major Fremont had landed at San Diego, hut was unable to procure horses, and therefore could not join bim. lu the absence of Fremont's battalion, Stockton was wholly destitute of cavalry; yet, impressed with the importance of celerity of movement, he disembarked his men. The force consisted only of from 300 to 400 marines, wholly ignorant of military drill; and their only artillery-six small guns, rudely mounted and dragged by hand.
A few days after landing, a flag of truce approached over the hills, borne by commissioners from Castro. Desiring to impress these with an exaggerated ilea of the strength of his force, Stockton directed his little army to march at intervals of twenty or thirty paces apart, to a position where they would be sheltered from observation. In this manner the commis- sioners were completely deceived, and when on their arrival they were marched up to the month of an immense mortar, shrouded in skins save its huge aperture, their terror and dis- comfiture were plainly discernible.
Stockton received them with a stern and forbidding coun- tenance, harshly demanding their mission, which they disclosed in great confusion. They bore a letter from Castro proposing a truce; each party to hold its own possessions nntil a general pacification should he had. This proposal Stockton rejected with contempt, and dismissed the commissioners with the assur- ance that only an immediate disbandment of his forces and an unconditional surrender, would shield Castro.
CALIFORNIA DECLARED A U. S. TERRITORY.
After some skirmisbing of the two forces Castro surrendered, and the soldiers were permitted to go at large on their parole of honor-not again to bear arms against the United States. Commodore Stockton now issued a proclamation declaring California a territory of the United States; and, as all resist- ance had ceased, proceeded to organize a civil and military government, himself retaining the position of Commander-in- chief and Governor.
About this time Stockton first learned that war had heen declared between the United States and Mexico; and leaving fifty men under command of Lieut. A. H. Gillespie to gar- rison Los Augeles, he proceeded north, to look after affairs in that quarter. Thus the whole great territory of Upper Cali- fornia had been subjected to American rule without bloodshed or even the firing of a gun.
TREATY OF PEACE SIGNED.
The treaty of peace between the United States and Mexico was signed at Guadalupe Hidalgo, February 2, 1848; ratifica- tions were exchanged at Queretaro, May 30th, following. Under this treaty the United States assumed the Mexican debt to American subjects, and paid into the Mexican Treasury
60
CALIFORNIA IN A TRANSITION STATE.
$15,000,000 in money, receiving in exchange Texas, New Mexico, and Upper California, and the right of free navigation on the Colorado River and the Gulf of California.
FIRST AMERICAN GOVERNOR.
1846 .- Sloat proclaimed himself Governor of California, and acted as such until the 17th of August, 1846, when he was superseded by Com. R. F. Stockton, who commenced at once a vigorous campaign against the Mexicans under Flores, wbom he defeated January 8 and 9, 1847. In January, 1847, Stockton appointed Fremont Governor, but this of right belonged to Gen. S. W. Kearney, who, on March 1st, assumed that office. He was succeeded by Colonel Mason in May, and on the 15th of April, 1849, Gen. Benuett Riley was appointed Governor, and continued in office until he was suc- ceeded by Peter H. Burnett, under the State Constitution.
CALIFORNIA IN TRANSITION.
The year 1846 was the crisis-year in the destiny of California. In looking back on the events of that year, touching this country, from this distance of time, their main purpose stands out clearly revealed, as it did not when those events were traus- piring. It is plaiu enough now, that they were inspired from Washington.
The Government of the United States had kept a careful watch of what was going on on this coast for many years. Ever after the famous explorations of Lewis and Clarke, who were sent out by President Jefferson, in 1804, our Government had kept itself thoroughly informed of everything that con- corned California.
The hopes of England to acquire California were also well known, and all ber movements haviug that end in view, were carefully observed.
Meanwhile the Government at Washington continued to seek all possible information concerning this country, then so remote and unexplored. Thomas O. Larkin, who came here from Massachusetts in 1832, seems to have had a fancy and a tact for gathering up facts and statistics. These he freely communicated to the Government,
By this means, as well as in other ways, they were made acquainted, not ouly with the geography and natural resources of the country, but with its inhabitants, both the native born and the foreigu.
THE DONNER PARTY.
The following incidents were furnished us by Superior Judge Breeu, of Hollister, one of the survivors of the party :-
There are many stories of human trial and suffering whose deep interest no amount of repetition can render stale, and such a story is the record of the ill-fated party of immigrants which furnished the actors in the terrible tragedy of Donner Lake. Portions of the tale have been written by many hands. They have differed widely, aud many have been plainly colored for effect.
The story of the Donner party, in its general features, is too well known on this coast to need repetitiou. Too many suffered the hardships of crossing the plains to allow the recollections of those days to die out. For years after the great rush of immini- gration in '49 no story was told more frequently or was listened to with more eager interest than the inisfortunes of that party.
The Donner party proper was formed in Sangamon County, Illinois,and was composed of ninety persons. Numerous additions were made to the train on its way, and when it left Independ- ence, Missouri, it numbered between 200 and 300 wagons, and was over two miles in length. The journey to Salt Lake was made without any noticeable incidents, save the extreme slowness of the march. At Fort Bridger the woes of the Donner party began. Eighty-seven persons-the survivors of the original ninety- determined to go by way of the Hastings Cut-off, instead of following the old trail. The remainder of the traiu elung to the old route, and reached California in safety. The cut-off was by way of Weber Canon and was said to rejoin the old emigrant road on the Humboldt, making a saving' of 300 iniles. It proved to be in a wretched condition, and the record of the party from this time was one long series of disasters. Their oxen became exhausted-they were forced to make frequent halts; the stock of provisions ran low. Finally, in the Salt Lake Desert, the cmigrants saw plainly that they would uever reach the Pacific Coast withont assistance. Two of their number were despatched with letters to Captain Sutter implor- ing aid.
THE FATAL REST.
At the present site of Reno, the party concluded to rest. Three or four days' time was lost. This was the fatal act, The storm-clonds were already brewing upon the mountains, only a few miles distant, The ascent was omninons. Thick and thicker grew the clouds, outstripping in threatening battalious the now eager fect of the alarmed emigrants, until at Prosser Creek, three miles below Trnekee, October 28, 1846, a month earlier than usual, the storm set in, and they found themselves in six inches of newly-fallen snow. On the summit it was already from two to five feet decp.
The party, in much confusion, finally reached Donner Lake in disordered fragments. Frequent and desperate attempts were made to cross the mountain tops, but at last, baffled and despairing, they returned to camp at the lake. The storm now descended in all its pitiless fury upon the ill-fated immi- grants. Its dreadful import was well understood, as laden with omens of suffering and death. With slight interruptions, the storm continned for several days. The animals were liter- ally buried alive and frozen in the drifts. Meat was hastily prepared from their carcasses, and cabins rudely built. One cabin (Moses Schallenberger's, now a resident of San Jose), erected November, 1844, was already standing about a quarter of a mile below the lake. This the Breen family appropriated. Judge Breen, now of San Juan, gives his reminiscences of the
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61
THE TRAGIC FATE OF THE DONNER PARTY.
Donner party in our history of San Benito County. The Mur- phys erected one 300 yards from the lake, marked by a large stone twelve feet high. The Graves family built theirs near Donner Creek, farther down the stream, the three forming the apexes of a triangle, and distant 150 yards or more.
The Donner Brothers, with their families; hastily constructed a brush shed in Alder Creek Valley, six or seveu miles from the lake
The Mr. Donner who had charge of one company, was an Illineisian, sixty years of age, a man of high respectability aurl abundant means. His wife was a woman of education and rofinement, and much younger than he.
Of course these were soon utterly destitute of food, for they could not tell where the cattle were huried, and there was no hope of garne on a desert so piled with snow that nothing without wings could ineve. The number of those who were thus storin-stayed, at the very threshold of the land whose winters are one long spring, was eighty, ef whoin thirty were fomales, and several, children. Much of the time the tops. of the cahins wore helow the snow level.
FORLORN HOPE RESCUE PARTY.
It was six weeks after the halt was made that a party of fifteen, including five women and two Indians, who acted as guides, set out on show-shoes to cross the mountains, and give notice to the people of tho California settleineuts of the condi- tion of their friends. At first the suow was so light and feathery that even in snow-shoes they sank nearly a foot at evory step. On the second day they crossed the " divide," finding the snow at the summit twelve feet deep. Pushing forward with the courage of despair, they made from four to eight miles a day.
Witbin a week they got entirely out of provisions; and three of them, succumbiug to cold, weariness, and starvation, had died. Then a heavy snow-storm came on, which compelled them to lie still, buried between their blankets under the snow, for thirty-six hours. By the evening of the tenth day three more had died, and the living had beeu four days without food. The horrid alternative was accepted-they took the flesh from the bones of their dead, remained in camp two days to dry it, and then pushed on.
Ou New Year's, the sixteenth day since leaving Truckee Lake, they were toiling up a steep mountain. Their feet were frozen. Every step was marked with blood. On the second of January, their food again gave out. On the 3d, they had nothing to eat but the strings of their snow-shoes. On the 4th, the Indians eloped, justly suspicious that they might be sacri- ficed for food. On the 5th, they shot a deer, and that day one of their number died. Soon after three others died, and every death uow eked out the existence of the survivors. On the 17th, all gave out, and concluded their wanderings useless, except one. He, guided hy two friendly Indians, dragged him-
self on till he reached Johnson's Ranch on Bear River, the first settlement on the western slope of the Sierras, when relief was sent back as soon as possible, and the remaining six survivors were brought in next day. It had been thirty-two days since they left Donner Lake. No tongue can tell, uo pen portray, the awful suffering, the terrible and appalling straits, as well as the noble deeds of heroism that characterized this march of death. The eternal mountains, whose granite faces bore wit- ness to their sufferings, are fit monuments to mark the last resting-place of this heroic party.
SEVERAL RELIEF PARTIES FITTED OU'T.
The story that there were immigrants perishing on the other side of the snowy barrier, ran swiftly down the Sacra- mento Valley to New Helvetia, and Captain Sutter, at his own expense, fitted out an expedition of inen and of mules ladencd with provisions, to cross the mountains and relieve thein. It ran on to San Francisco, and the people rallying in public meeting, raised $1,500, and with it fitted eut another expedi- tion. The naval commandant of the port fitted out still others.
First of the relief parties, under Capt. J. P. Tucker, reached Truckee Lake on the 19th of February. Ten of the people in the nearest camp were dead. For four weeks those who were still alive had fed only on hullocks' hides. At Donner's camp they had but one hide remaining. The visitors . left a small supply of provisions with the twenty-nine whom they could not take with them and started back with the re- mainder. Four of the children they carried on their backs.
Second of the relief parties, under J. F. Reed, reached Truckee Lake on the Ist of March. They immediately started back with seventeen of the sufferers ; but, a heavy snow storm over- taking them, they left all, except three of the children, on the road.
The third party, under John Stark, went after those who were left on the way; found three of them dead, and the rest sustaining life hy feeding on the flesh of the dead.
THE LAST SURVIVOR.
Last rolief party reached Donner's camp late in April, when the snows had melted so that the earth appeared in spots. The main cahin was empty, hut some miles distant they found the last survivor of all lying on the cahin floor smoking his pipe. "He was ferocious in aspect, savage and repulsive in manner. His camp-kettle was over the fire and in it his meal of human flesh preparing. The stripped hones of his fellow- sufferers lay around him. He refused to return with the party, and only consented when he saw there was no escape."
This person was Louis Keseherg, who has heen execrated as a cannibal, and whose motive in remaining hehind has been ascrihed to plunder. Never until now has he made any at- tempt to refute these stories. He says :--
"For nearly two months I was alone in that dismal cahier.
62
THE TRAGIC FATE OF THE DONNER PARTY.
. * * Five of my companions had died in my cabin, and their stark and ghastly borlies lay there day and night, seemingly gazing at me with their glazed and staring eyes. I was too weak to move them had 1 trivs. I endured a thousand deathis. To have one's suffering prolonged inch by inch ; to be deserted, forsaken, hopeless; to see that loathsome food ever before my eyes was almost too much for human endurance."
For two months he lived there entirely alone, boiling the flesh of his dead companions. When the last relief party eamc they found him the sole survivor.
If he were guilty of the crimes charged to him he has cer- thinly paid the penalty. To use his own words: " Wherever I have gone people have cried; . Stone him! stone him!' Even little children in the streets have mocked ine and thrown stones at me ns I passed. Only a man conscious of his own innocence would not have succumbed to the terrible things which have been suid of me --- would not have committed sni- cide. Mortification, disgrace, disaster, and unheard-of misfor- tunc hnve followed and overwhelmed mc."
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