USA > California > San Francisco County > San Francisco > The annals of San Francisco; containing a summary of the history of California, and a complete history of its great city: to which are added, biographical memoirs of some prominent citizens > Part 11
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ANNALS OF SAN FRANCISCO.
" Head-quarters, Ciudad de los Angeles, January 11th, 1847.
" The COMMANDER-IN-CHIEF congratulates the officers and men of the southern division of the United States forces in California on the brilliant victories obtained by them over the enemy on the 8th and 9th instants, and on once more taking possession of Ciudad de los Angeles.
" IIe takes the earliest moment to commend their gallantry and good con- duct, both in the battle fought on the 8th, on the banks of the Rio San Ga- briel, and on the 9th inst., on the Plains of the Mesa.
" The steady courage of the troops in forcing their passage across the Rio San Gabriel, where officers and men were alike employed in dragging the guns through the water, against the galling fire of the enemy, without ex- changing a shot, and their gallant charge up the banks against the enemy's cavalry, has perhaps never been surpassed ; and the cool determination with which in the battle of the 9th they repulsed the charge of cavalry made by the enemy at the same time on their front and rear, has extorted the admiration of the enemy, and deserves the best thanks of their countrymen.
"R. F. STOCKTON,
" Governor and Commander-in-Chief of the Territory of California."
Commodore Stockton, in pursuance of instructions which he had communicated to the Government in September, now appoint- ed Col. Fremont governor of the territory, and Wm. H. Russell, secretary. It is painful to relate that unfortunate disputes arose as to the right of Fremont to the high dignity of governor. Gen- eral Kearny produced a commission appointing himself to the office. His pretensions, however, were opposed both by Stockton and Fremont, who contended that a new train of circumstances had arisen since the produced commission had been granted. The instructions to General Kearny from the wardepartment, ("should he conquer the country,") Com. Stockton considered as anticipated by himself ; and of course the resulting action prescribed by those instructions contingently, ("to form a civil government,") as de- volving on himself, the real conqueror of the, territory. In these views of Stockton, the Government entirely acquiesced,-so far as respected the approval in mass of his whole conduct,-the secre- tary of the navy specially thanking him for anticipating the wishes of the Government. It is not a little singular, that although the validity of Stockton's acts was thus sanctioned, yet Col. Fremont, for obedience to his orders, was tried by court martial, and con- victed of disobedience to the orders of Gen. Kearny. His sentence
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KEARNY BECOMES GOVERNOR OF CALIFORNIA.
was suspension from the service; but the President, in considera- tion of his many services and mitigating circumstances, was pleas- ed to remit the punishment, and ordered him to be restored to his former rank. But Fremont, being of opinion that he had done no wrong, refused to accept this clemency, and accordingly resign- ed his commission, and retired from the American military service. Whatever may have been the merits of this case, it is certain that Fremont showed himself a true hero, in his efforts to overthrow the Mexican power in California, and is deserving of the gratitude of American settlers in that territory. As an adventurous, per- severing and talented explorer, who has laid open practicable and easy paths to a great country that had long been closed against the boldest pioneers, he deserves the approbation of the civilized world.
In the mean time, General Kearny applied to Commodore Shubrick (who arrived in California on the 22d of January, 1847, and as senior in commission, superseded Commodore Stockton in command of the squadron,) to place him in the chief command. But under the instructions to Com. Sloat of 12th July, 1846, which devolved on the naval commander the conquest and civil government of California, Shubrick did not consider himself au- thorized to accede to his wishes. Soon after, however, other in- structions, dated 9th November, 1846, having been received by Com. Shubrick, Kearny was recognized as governor, and acted as such until he relinquished the command to Colonel Mason, upon his departure for Washington. These instructions Kearny did not communicate to Fremont. Thus there were two acting gov- ernors at the same time in California, and Fremont, without any knowledge of his authority being annulled by the instructions of the 9th November, subjected himself, in the performance of what he considered his duties, to charges of disobedience to his superior officer. He was ordered to surrender the howitzer lost by Kearny at San Pasqual, at this time in possession of the California batta- lion, to the Mormon regiment under Col. Cooke. This could not have been done without the hazard of a revolt, and therefore was declined by Fremont.
Before narrating the further steps adopted by the Americans, when they had thus taken military possession of the country, we
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ANNALS OF SAN FRANCISCO.
may give a brief notice of the various governors and other public officers who were connected with California, subsequently to the Mexican declaration of independence. The list is somewhat a long one for so short a period ; and illustrates the feeble hold which Mexico had upon the political affections of so remote and neglect- ed a province :-
Sola was the last Californian governor under the Spanish flag and the first under the Mexican. In 1823 he was ordered to Mexico, and Don Luis Antonio Argüello was named governor, with all the powers of his predecessor, and remained so until the arrival of Echeandia, in the beginning of 1825. Echeandia had command until the arrival of Victoria, in 1830. Victoria con- tinued in power until the winter of 1832, when the Californians revolted, and sent him away. At that time Pio Pico was the senior member of the territorial department, and by law became governor pro tempore. Echeandia, meanwhile, had remained among his friends at San Diego, probably expecting some speedy change in political affairs; and, when Victoria was about to leave, he took the military command. Both he and Pico continued in office till the arrival of Figueroa in 1833. Figueroa died in 1835 ; and, during his last illness, delivered over the civil command to Don José Castro, and the military to Don Nicolas Gutierrez, Castro being at that time senior member of the department. These remained in office until the arrival of Chico, in 1836. The same year Chico was sent away by the Junta department. Previous to his departure he left the military and civil command with Gu- tierrez, he having been formerly his second.
On the 6th of November, 1836, the Californians, assisted by foreigners under Captain Graham, an American, and Captain Coppinger, an Englishman, revolted against Gutierrez; and the latter was forced to leave the country, with all his officers, except those who took part in favor of the natives, and wished to remain. Don Mariano Guadalupe Vallejo played an important rôle in this revolution, and became commander of the forces ; while his nephew, Don Juan Bautista Alvarado, was made civil governor. These positions they held until the arrival of Micheltorena, in 1842. Early in 1845, Micheltorena was sent away by the Californians, after forming a sort of treaty with them (he being desirous to pro-
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CONSULS IN CALIFORNIA.
ceed to Mexico), leaving José Castro with the military command. Pio Pico, who was again the senior member of the Junta depart- ment, then became governor. These two continued in power, as military and civil heads respectively, until the Americans took possession of the country. Sola, Argüello, Echeandria, Victoria, Figueroa, Chico and Micheltorena, all had the united civil and military authority.
In 1843, Mr. Thomas O. Larkin was appointed the first, as he happened to be the last American consul in California. That gentleman also held various other official and important appoint- ments from the United States Government up to the year 1848, when peace was declared, and the country became American. In 1845, Mr. Larkin, who resided at Monterey, the nominal Mexican capital of the province, named Mr. William A. Leidesdorff the United States vice-consul, at the port of San Francisco. Mr. James A. Forbes received the appointment of the first British con- sul in 1844, or 1845. The first French consul, Don Luis Gasquet, arrived in California, via Mexico, about the 10th of May, 1845, and left some time in 1847. He remained a considerable time in the country after he delivered the consulate over to M. Movenhaut.
CHAPTER XI.
Peace concluded between the Mexican and American States .- Terms of the Treaty .- California ceded to the United States .- The country ruled provisionally by American Governors .- Rapid increaso of population by immigration .- Discovery of gold on the American River by Mr. James W. Mar- shall .- Great excitement in consequence of the discovery, and rush of people to the gold placers. -Mixed character of the population .- Necessity for the establishment of a proper form of Gov- ernment .- Independent sectional legislation inadequate and unsatisfactory .- Meetings held to effect a general civil organization .- General Riley issues a proclamation for a meeting to be held at Monterey to adopt a State Constitution .- Names of delegates appointed .- Meeting at Monte- rey .- Constitution of California adopted, and rejoicings on the occasion.
THE general war continued for about a year after the reduction of California. At last, in the month of February, 1848, an ar- mistice was entered into between the hostile parties, which en- dured till a formal treaty of peace was concluded. This was rati- fied by the Senate of the United States in March, and by the Mexican Congress in May following of the year just named. By this treaty a considerable territory was ceded by Mexico. The boundary line between it and the United States was declared to be the Rio Grande, up mid-channel of which it ran till about the thirty-second parallel ; from whence, turning westward, along the southern limit of New Mexico till it cut the Gila, down the mid- dle of which river it proceeded till its junction with the Rio Colo- rado ; from whence it ran westward till it reached the Pacific, at & point about one league south of San Diego, nearly on latitude thirty-two and a half. Thus Texas, to its full extent, New Mex- ico and Upper California were altogether contained within the boundary line on the American side. The free navigation of the Rio Colorado, from the mouth of the Gila to the Gulf of Califor- nia, as well as of the gulf itself, were likewise secured to the Uni- ted States. To compensate, in some measure, for the cession of such a vast territory, the American Government agreed to pay to Mexico the sum of $15,000,000 ; and, moreover, took upon itself all liability for the damages due by Mexico to American subjects,
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RAPID INCREASE OF POPULATION.
which, as before stated, was one of the original causes of the war. Each nation was to defray its own expenses in conducting hostil- ities. There were several minor stipulations in the treaty ; but with these we have nothing here to do. It is sufficient merely to say, that California was now, wholly and legally, a portion of the American Union ; and her people of Spanish or of other origin, were henceforward American citizens.
Meanwhile the country was ruled, provisionally, by successive American governors, until a constitution could be granted by Congress, when it would be formally assumed as a Territory of the Union. Events, however, were about to happen which superse- ded the necessity of such a constitution, and hastened the devel- opment of California into a State, without passing through the intermediate stage of a territory. Like the Minerva on its public seal, it started into life a full grown being, ripe in all its faculties and powers, and at once fitted to contend with whoever and what- ever should oppose its wonderful progress. This was owing to the discovery of gold in the country and consequent rush of immi- gration thither, with all its attendant effects.
But before this discovery took place, a vast immigration from all sides had begun to flow towards California. The pre- vious advantages which the country had offered to the intending immigrant, were on a sudden immensely increased by the cir- " cumstance of its being now a portion of the American Union. Accordingly, large bodies of people were beginning to flock to the land ; and agriculture, trade and commerce were greatly benefited by the accession of such numbers of active, intelligent and industrious settlers. In 1845, it was estimated that the white population had increased to about 8,000 ; while the do- mesticated Indians, who but a dozen years before had numbered nearly 30,000, now scarcely amounted to one-third of that number. As for the wild or " gentile " Indians, it was impossi- ble to form any reasonable conjecture as to their numbers. They were, however, generally supposed, by different parties, to num- ber from one to three hundred thousand. As they inhabited districts hitherto scarcely visited by the white man, their pres- ence and numbers were considered as of no account in the pro- gress of the country. The years 1846 and 1847 brought a very
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ANNALS OF SAN FRANCISCO.
large accession to the white population. Colonel Stevenson's regiment of New York volunteers alone gave a body of a thou- sand hardy settlers, as nearly the whole number, officers as well as men, remained in the country upon being disbanded, which indeed had been anticipated. But beside these, great numbers of Americans had journeyed from the Atlantic States across the Rocky and Snowy Mountains, and settled in California. Nume- rous companies of Mormons likewise either came direct from the Eastern States, or from their settlements beside the Great Salt Lake. A portion of these had formed the noted " Mormon Battal- ion" of the war. At the same time, far more than the usual proportion of stragglers, runaway seamen, and adventurers from all nations continued to pour into the country, so soon as the war and its first results were known. At the close of hostilities, it was estimated that the white population, of all nations, num- bered between 12,000 and 15,000, which was not merely annually but daily increasing. Such was the beneficent influence and magie power of the American flag ! People knew that they were safe under its folds, and free to run the race of a prosperous career.
But immeasurably exceeding all other causes in raising the swelling tide of immigration was the discovery of gold. This happened at Coloma, a valley and town situated between fifty and sixty miles east of Sacramento City, in the month of Janu- ary, 1848 ; curiously enough, just when the land was ceasing to be Mexican. Many strange and improbable stories have been told as to the alleged earliest discoveries ; but we believe that the only reliable account is that given by Captain Sutter, upon whose ground the precious metal was first found, and which we shall therefore adopt, without noticing the various fabulous state- ments alluded to.
It appears that Captain Sutter, during the winter of 1847-48, was erecting a saw-mill for producing lumber, on the south fork of the American River, a feeder of the Sacramento. Mr. James W. Marshall contracted with Sutter for the building of this mill; and, in the course of his operations, had occasion to admit the river water into the tail-race, for the purpose of widening and deepening it by the strength of the current. In doing this, a
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DISCOVERY OF GOLD.
considerable quantity of mud, sand and gravel was carried along with the stream, and deposited in a heap at the foot of the tail- race. Marshall, when one day examining the state of his works, noticed a few glittering particles lying near the edge of the heap. His curiosity being aroused, he gathered some of the sparkling objects ; and at once became satisfied of their nature and the
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Sutter's Mill.
value of his discovery. All trembling with excitement, he hur- ried to his employer, and told his story. Captain Sutter at first thought it was a fiction, and the teller only a mad fool. Indeed, he confesses, that he kept a sharp eye upon his loaded rifle, when he, whom he was tempted to consider a maniac, was eagerly dis- closing the miraculous tale. However, his doubts were all at once dispelled when Marshall tossed on the table before him an ounce or so of the shining dust. The two agreed to keep the matter secret, and quietly share the golden harvest between them. But, as they afterwards searched more narrowly together, and
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ANNALS OF SAN FRANCISCO.
gloated upon the rich deposits, their eager gestures and looks, and muttered, broken words, happened to be closely watched by a Mormon laborer employed about the neighborhood. He followed their movements, and speedily became as wise as themselves. As secrecy was of little importance to him, he forthwith divulged the extraordinary intelligence, and in confirmation of the story, exhibited some scales of gold which he had himself gathered. Immediately, every body in the neighborhood left his regular employment, and began to search for the precious metal. A large body of Mormon immigrants about this time was approach- ing California by the south pass of the Rocky Mountains ; and, on hearing news of the discovery, hastened at once to the spot. Rumors of these circumstances speedily flew across the length and breadth of the land, variously modified by the warmth or coolness of fancy of the successive narrators, but all agreeing in this, that gold was to be had in large quantities, for the mere trouble of picking it up, at Sutter's Mill, on the south fork of the Rio de los Americanos. To that quarter, then, all the loose population around instantly directed their steps. Soon the neigh- borhood swarmed with diggers; and, within a few days after the first discovery, upwards of twelve hundred people were busily at work, with spades, shovels, knives, sticks, wooden bowls, cradles, and all manner of implements, many of them of the rudest and most primitive fashion, excavating, riddling and washing earth for the precious particles it contained. Over all California the excitement was prodigious. Spaniard, American and foreigner were all alike affected. The husband left his wife; the father, his family ; people tore themselves from the most pressing duties at home; men deserted their masters, and these followed their servants-all hurried to Sutter's Mill. Some withstood the temptation for a short time ; but, very soon, nearly the whole male population of the country, unable to resist the evidence of their senses when specimens of the newly found gold were exhi- bited before their dilated eyes, became suddenly infected with the maddened whirl of the "yellow fever," -- the auri sacra fames, and rushed off at a tangent, helter-skelter, to gather riches, as Aladdin had plucked fruits of priceless value in his fairy garden, in the bowels of the earth, among the valleys of the Snowy
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MIXED CHARACTER OF THE POPULATION.
Mountains. Towns were dispeopled, ships in harbor deserted, all kinds of business sent to the dogs ; the whole settled parts of the country were suddenly deprived of their inhabitants, or wo- men and children alone formed the population, though even of these many flocked to the placers and the diggings, to see and be seen, to make money somehow, and as surely to spend it.
Meanwhile, other streams and other valleys were found to contain the auriferous sands. Not only the whole strip of coun- try west of the Sierra Nevada, which was drained by feeders of the Sacramento, but that other strip, locally in connection with the former, and lying to the south, which was watered by the streams which fell into the San Joaquin, was ascertained also to possess auriferous deposits in large quantities. In fact it was believed that the gold regions could not be exhausted of their treasures during countless generations. There was enough, therefore, and to spare, for all comers, though their name should be "legion." Individuals were daily making considerable for- tunes, while all who chose to work steadily at the business, were sure to earn much larger wages than they could do at any other kind of labor in the country.
All this while, the few ships that were enabled to get away from the coast, and travellers and expresses by land, were spread- ing the news far and wide over remote seas and through foreign climes. The circles of excitement grew wider and wider, and scarce- ly lost strength as they spread farther distant. First, the Mexi- cans from the nearest, and then those from the remotest provinces, flocked to California. The indolent, yet adventurous, half-wild population of Sonora poured in its many thousands from the south ; while Oregon from the north sent its sturdy settlers in almost equal numbers. The Sandwich Islands followed, with their strange medley of white and colored races. Peru and Chili then hurried an innumerable crowd, as fast as ships could be obtained to carry them to the fields of gold. Before long, China sent forward her thousands of thrifty wandering children, feeble, indeed, both in body and mind, but persevering, and from their union into laboring companies, capable of great feats. Australia likewise contributed her proportion of clever rascals, and per- haps as many clever adventurers who had not been convicted
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ANNALS OF SAN FRANCISCO.
felons. The United States, which at all times contain a vast roving and excitable population, next were affected to their very centres ; and armies-to use a moderate term, were on a sudden organized instantly to proceed to California and share in the golden spoil. The year 1848 was lost for the land passage ; but by the early summer of 1849, great and numerous caravans were in full march, by various routes, across the Rocky Mountains. Many hardships were endured by these immigrants, and numbers died on the road. But their unburied bodies and bleaching skeletons were unheeded by the succeeding throng, or only pointed out to the weary yet restless travellers the paths where others had gone before, and which perhaps the new-comers should only avoid. On-on ! to the land of gold ! There, fortune smiled on all, while her worshippers revelled among riches. On-on ! Round Cape Horn fleets were bearing additional thousands ; while through Mexico to all her eastern ports, and especially across the Isthmus of Panama, still other thousands were hurry- ing, by new ships on the Pacific, to the "Golden Gate." Later in the year, and somewhat diminished in intensity, the excite- ment produced in Europe similar results. Many of the young, strong and adventurous, the idle, dissipated, reckless, sanguine youths of Great Britain, France and Germany, broke through the ties of home, friends and country, and perhaps of civilization itself, and embarked for California, to seize fortune in a bound, and with one eager clutch, or to perish in the attempt.
These astonishing circumstances soon gathered into California a mixed population of nearly a quarter of a million of the wildest, bravest, most intelligent, yet most reckless and perhaps dangerous beings ever before collected into one small district of country. Gold, and the pleasures that gold could buy, had allured them to the scene. They were flushed with hope and excitement. Chiefly young men, they were naturally boisterous and riotous. When their " blood was up" they would dare all things, heedless of consequences. Rich or poor-fortunate, or the reverse in their search for gold, they were almost equally dangerous members of the community. If unsuccessful, they were moody and discon- tented, fit and ready for any new and desperate enterprise : if fortunate, the excesses of warm youthful constitutions, the
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PROPER FORM OF GOVERNMENT NEEDED.
gaming table, women and drink, were certain to produce a pro- lific crop of vice, crime and all social disorders. Without family ties, without the restraining and softening charms of home and modest female society, the strange mixed population of California at this time was like the dormant volcano, which at some unex- pected moment may break forth and devastate all within its in- fluence. Or it may be compared to the swelling flood of a mighty river which threatens every instant to overleap or burst its banks, and overwhelm the great country through which it rolls, and which, when the stream is confined within proper limits, it only fertilizes and enriches. The good sense of the community, and the speedy establishment of a legal constitution could alone save California from the threatened manifold evils of its heterogeneous population, and direct its immense and wavering energies into the best and most profitable channels for their reception.
The cooler and more intelligent settlers in California early foresaw the urgent necessity of a regular constitution being adopt- ed. The provisional government subsisting since the conquest of 1847 was but a make-shift at the best ; fit perhaps to regulate the concerns of such a limited community as then inhabited California, but by no means able to satisfy the wants of the great, growing and dangerous population which now so strangely and suddenly had arisen. Probably, Congress, at a distance, was not. sufficiently alive to the pressing need of adequate measures being instantly taken to remedy the alarming state of things described, by means of a formal territorial government. At any rate, the most honest, intelligent and influential inhabitants of California believed that they could wait no longer the slow movements of Congress, and conceived that their own social safety would be best consulted by at once improvising governments of their own. Accordingly, attempts were soon severally made, by the people of San Francisco, Sonoma and Sacramento, to form legislatures for themselves, which they invested with supreme authority. Other portions of the country prepared to follow the example of the places named. It was quickly found, however, that these indepen- dent legislatures threatened occasionally to come into collision with each other, while the existence in a limited country of so many different supreme courts, each governed by its own maxims
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