CHAPTER III.

A THIEF OBEYING ORDERS.—GAME.—NO PENITENTIARY SYSTEM.—THE CALIFORNIA

CART ON A GALA DAY.—THE RUNAWAY DAUGHTER.—FAITH OF THE

INDIANS.—RETURN FROM THE WAR.—FIRST TRIAL BY JURY.—INDIAN AND HIS

SQUAW ON THE HUNT.—WHALES IN THE BAY.—THE TWO GAMBLERS.—LADIES ON

HORSEBACK.—MERRIMENT IN DEATH.—THE ENGLISHMAN AND HIS MISTRESS.

MONDAY, AUG. 24. One of our officers, bound with dispatches to San Juan,

fell in with an Indian to-day, on a horse, without saddle or bridle,

save a lasso; and knowing from this circumstance that he had stolen the

animal, ordered him to come to Monterey and deliver himself up to the

alcalde, and then passed on. So on the Indian came with the horse, and

presented himself at our office.

I asked him what he wanted; he told me the order he had received; but I

could not at first comprehend its import, and inquired of him if he knew

why the order had been given him. He replied, that it was in consequence

of his having taken the horse of another man. I asked him if he had

stolen the animal; he said yes, he had taken him, but had brought him in

here and given himself up as ordered; that he could not escape, as the

Americans were all over California. I told him stealing a horse was a

crime, and sentenced him to three months’ labor on the public works. He

was half naked. I ordered him comfortable clothes, and gave him a plug

of tobacco, and in an hour he was at his task, chewing and cheerful. He

is not wanting in intelligence; and if he only had as much respect for

the rights of property as he has for military orders, he might be a

useful member of the community.

Oats in California grow wild. The last crop plants the next, without the

aid of man. The yield is sufficient to repay the labors of the

husbandman, but is gratuitously thrown at his feet. But the fecundity of

nature here is not confined to the vegetable kingdom, it is

characteristic of the animals that sport in wild life over these hills

and valleys. A sheep has two lambs a year; and if twins, four: and one

litter of pigs follows another so fast that the squealers and grunters

are often confounded.

WEDNESDAY, AUG. 26. The Californians breakfast at eight, dine at twelve,

take tea at four, supper at eight, and then go to bed—unless there is a

fandango. The supper is the most substantial meal of the three, and

would visit anybody but a Californian with the nightmare. But their

constant exercise in the open air and on horseback gives them the

digestion of the ostrich.

The only meat consumed here to any extent is beef. It is beef for

breakfast, beef for dinner, and beef for supper. A pig is quite a

rarity; and as for chickens, they are reserved for the sick. The woods

are full of partridges and hare; the streams and lagoons are covered

with ducks and wild geese; and the harbor abounds with the most

delicious fish. But no Californian will angle or hunt, while he has a

horse or saddle left. And as for the Indians, but very few of them have

any hunting gear beyond the bow and arrow; with these they can kill the

deer and elk, but a partridge and hare are too shy and too quick. They

spear a large salmon which frequents Carmel river, three miles distant,

and bring it in to market. This fish is often three feet long, extremely

fat, and of a flavor that takes from Lent half the merit of its

abstinence. Spearing them is high sport for the Indian, and is another

feature in California life.

THURSDAY, AUG. 27. Nothing puzzles me so much as the absence of a

penitentiary system. There are no work-houses here; no buildings adapted

to the purpose; no tools, and no trades. The custom has been to fine

Spaniards, and whip Indians. The discrimination is unjust, and the

punishments ill suited to the ends proposed. I have substituted labor;

and have now eight Indians, three Californians, and one Englishman at

work making adobes. They have all been sentenced for stealing horses or

bullocks. I have given them their task: each is to make fifty adobes a

day, and for all over this they are paid. They make seventy-five, and

for the additional twenty-five each gets as many cents. This is paid to

them every Saturday night, and they are allowed to get with it any thing

but rum. They are comfortably lodged and fed by the government. I have

appointed one of their number captain. They work in the field; require

no other guard; not one of them has attempted to run away.

FRIDAY, AUG. 28. The ox-cart of the Californian is quite unique and

primitive. The wheels are cut transversely from the butt-end of a tree,

and have holes through the centre for a huge wood axle. The tongue is a

long, heavy beam, and the yoke resting on the necks of the oxen, is

lashed to their horns, close down to the root; from these they draw,

instead of the chest, as with us; and they draw enormous loads, but the

animals are large and powerful.

But to return to the cart. On gala days it is swept out, and covered

with mats; a deep body is put on, which is arched with hoop-poles, and

over these a pair of sheets are extended for a covering. Into this the

ladies are tumbled, when three or four yoke of oxen, with as many Indian

drivers, and ten times as many dogs, start ahead. The hallooing of the

drivers, the barking of the dogs, and the loud laughter of the girls

make a common chorus. The quail takes to the covert as the roaring

establishment comes on, and even the owl suspends his melancholy note.

What has his sad tone to do amid such noise and mirth? It is like the

piping cry of an infant amid the revelry and tumult of the carnival.

SATURDAY, AUG. 29. Four Californians—a girl, her father, mother, and

lover, all well clad and good-looking—presented themselves before me

to-day. The old man said he had come to reclaim his daughter, who had

run away with the young Mexican,—that he had no objection to his

marrying her, but this running away with her didn’t look decent. The

rash lover stated in his defence that he was ready to marry her, had run

away with her for that purpose, had placed her immediately with his

sister, and that she was still as chaste and pure as the driven snow. To

all this the father and mother assented.

I now expected we should have a wedding at once, and that I might be

called upon to officiate. But to my utter surprise, on asking the girl

if she insisted on marrying her lover, she declined. She said her escape

with him was a wild freak; she had now got over it, and wished to return

with her father. This fell like a death-knell on the ears of her lover,

who again protested his affection and her purity. Having been once

myself a disappointed suitor, I had a fellow feeling for him, and

advised the girl to marry him; but she said no, that she had changed her

mind: so I delivered her to her father, and told my brother in

misfortune he must wait; that a woman who had changed her mind once on

such a subject, would change it again.

SUNDAY, AUG. 30. Several gentlemen and ladies of Monterey were present

to-day at our service on board the Savannah. I have it in contemplation

to establish a service on shore. There are plenty of halls, which are

now used for dancing, and I should have as little scruple in converting

one of them into a church, as Father Whitfield had in appropriating to

his use the popular airs of the day, when he said he had no notion of

letting the devil run away with all the fine tunes. Blessings on the

memory of that devoted missionary! He has embalmed in his church

melodies that will live when the profane lyres from which they flowed

have long since been silent.

The wild Indians here have a vague belief in the soul’s immortality.

They say, “as the moon dieth and cometh to life again, so man, though he

die, will again live.” But their future state is material; the wicked

are to be bitten by serpents, scorched by lightning, and plunged down

cataracts; while the good are to hunt their game with bows that never

lose their vigor, with arrows that never miss their aim, and in forests

where the crystal streams roll over golden sands. Immortal youth is to

be the portion of each; and age, and pain, and death, are to be known no

more.

MONDAY, AUG. 31. I am at last forced into a systematic arrangement of my

time; without it, I could never get through with my duties. I rise with

the sun, read till eight o’clock, and then breakfast, at nine, enter on

my duties as alcalde, which confine me till three, P. M., then dine; and

at four take my gun and plunge into the woods for exercise and

partridges; return at sunset, take tea, and in the evening write up my

journal, and an editorial for the Californian.

When the Sabbath comes, I preach; my sermons are composed in the woods,

in the court-room, or in bed, just where I can snatch a half hour. I

often plan them while some plaintiff is spinning a long yarn about

things and matters in general, or some defendant is losing himself in a

labyrinth of apologetic circumstances. By this forbearance both are

greatly relieved; one disburdens himself of his grievances, the other

lightens his guilt, and, in the mean time, my sermon develops itself

into a more tangible arrangement. My text might often be—“And he fell

among thieves.”

TUESDAY, SEPT. 1. It is singular how the Californians reckon distances.

They will speak of a place as only a short gallop off, when it is fifty

or a hundred miles distant. They think nothing of riding a hundred and

forty miles in a day, and breaking down three or four horses in doing

it, and following this up by the week. They subsist almost exclusively

on meat, and when travelling, sleep under the open sky. They drive their

ox-carts, loaded with lumber or provisions, two hundred miles to market.

Their conceptions seem to annihilate space.

WEDNESDAY, SEPT. 2. The officers of Gen. Castro have been permitted to

return to their homes, after having taken an oath that they will not, on

pain of death, be found in arms against the United States during the

existence of the present war. A few, perhaps from national pride,

refused at first the oath, but were compelled to take it, or be treated

as prisoners of war. They of course preferred the former. The ladies

don’t seem to care much about these nice points in military etiquette:

they want their husbands at home; and their return, though on parole, is

the signal for getting up a ball. A Californian would hardly pause in a

dance for an earthquake, and would be pretty sure to renew it, even

before its vibrations had ceased. At a wedding they dance for three days

and nights, during which time the new-married couple are kept on their

feet. No compassion is shown them, as they have so much bliss in

reserve.

THURSDAY, SEPT. 3. Dispatches were received this morning, by courier,

from Com. Stockton, dated at the Pueblo de los Angeles. They contain his

second address to the people of California, which defines the new

attitude in which the country is placed by the declaration of war

between the United States and Mexico. The address is humane in its tone,

expansive and vigorous in its spirit. It has had the salutary effect to

set the community at rest, by establishing in the minds of the wavering

the full conviction that California is henceforth a part of the United

States. Ex-Gov. Pio Pico, it seems, did not escape with Gen. Castro, but

has surrendered to the commodore. He is one of the few who commanded the

confidence and respect of the public.

FRIDAY, SEPT. 4. I empannelled to-day the first jury ever summoned in

California. The plaintiff and defendant are among the principal citizens

of the country. The case was one involving property on the one side, and

integrity of character on the other. Its merits had been pretty widely

discussed, and had called forth an unusual interest. One-third of the

jury were Mexicans, one-third Californians, and the other third

Americans. This mixture may have the better answered the ends of

justice, but I was apprehensive at one time it would embarrass the

proceedings; for the plaintiff spoke in English, the defendant in

French, the jury, save the Americans, Spanish, and the witnesses all the

languages known to California. But through the silent attention which

prevailed, the tact of Mr. Hartnell, who acted as interpreter, and the

absence of young lawyers, we got along very well.

The examination of the witnesses lasted five or six hours; I then gave

the case to the jury, stating the questions of fact upon which they were

to render their verdict. They retired for an hour, and then returned,

when the foreman handed in their verdict, which was clear and explicit,

though the case itself was rather complicated. To this verdict, both

parties bowed without a word of dissent. The inhabitants who witnessed

the trial, said it was what they liked—that there could be no bribery in

it—that the opinion of twelve honest men should set the case forever at

rest. And so it did, though neither party completely triumphed in the

issue. One recovered his property, which had been taken from him by

mistake, the other his character, which had been slandered by design. If

there is any thing on earth besides religion for which I would die, it

is the right of trial by jury.

SATURDAY, SEPT. 5. I encountered on my hunting excursion to-day a wild

Indian, with a squaw and papoose. They were on horses, he carrying his

bow, with a large quiver of arrows hung at his side, and she with the

child in the bunt of her blanket, at the back. They were dashing ahead

in the wake of their dogs, which were in hot chase of a deer. The squaw

stuck to her fleet animal as firmly as the saddle in which she sat, and

took but little heed of the bogs and gullies over which she bounded. His

glance was directed to a ridge of rocks, over which he seemed to expect

the deer to fly from the field of wild oats through which the chase lay.

I watched them till they disappeared in their whirlwind speed over the

ridge. Whether the deer fell into their hands or escaped, I know not;

but certainly I would not hazard my neck as they did theirs for all the

game even in the California forests. But this, to them, is life; they

seek no repose between the cradle and the grave.

SUNDAY, SEPT. 6. The bell of the Roman Catholic church, which has been

silent some weeks, rung out loud and clear this morning. I directed the

prisoners, sentenced to the public works, to be taken to the service. I

had given them soap, and sufficient time to clean their clothes, on

Saturday; though having but one suit, they had only their blankets for

covering while these were washing and drying. With a marine at their

head, armed and equipped, they made quite a respectable appearance.

Their conduct, during service, was reported to me as very becoming. They

may yet reform, and shape their lives after the precepts of morality and

religion. My own service was on board the Savannah, where we had the

officers of the Erie.

MONDAY, SEPT. 7. We have been looking for a whale-ship, or spouter, as

she is called by our sailors, to come in here, and take care of the

whales which are blowing around us. One belonging to the genuine old

Nantucket line, came to anchor last evening. She had been on the

northwest coast in pursuit of the black whale; but found them so wild,

owing to the havoc that has been made among them, that she captured but

very few.

This morning her boats were lowered, and their crews put off in pursuit

of one of these monsters. The fellow plunged as they approached, and was

out of sight for some minutes, when he hove up at a distance. “There she

blows!” was the cry, and off they darted again; but by the time they had

gained the spot another plunge was heard, and only a deep foaming eddy

remained. The next time she lifted they were more successful, and lodged

one of their harpoons. The reel was soon out, and away the boat flew,

like a little car attached to a locomotive. But the harpoon at last

slipped its hold, and the whale escaped. The loss seemed proportionate

to the bulk of the monster.

TUESDAY, SEPT. 8. We have had for the last five days hardly an hour of

sunshine, owing to the dense fogs which prevail here at this season.

These murky vapors fill the whole atmosphere; you seem to walk in them

alone, like one threading a mighty forest. A transcendentalist might

easily conceive himself a ghost, wandering among the cypresses of a dead

world. But, being no ghost or transcendentalist, I had a fire kindled,

and found refuge from the fog in its cheerful light and warmth.

WEDNESDAY, SEPT. 9. A Californian came into my court in great haste last

evening, and complained that another Californian was running away with

his oxen. Suspecting the affair had some connection with a gambling

transaction, I immediately handed him a warrant for the arrest of the

fugitive, when off he started at the top of his speed to execute it. In

less than an hour he returned with his prisoner.

I then asked the plaintiff if the oxen were his; he said they were. I

asked him of whom he obtained them; he said of the man who attempted to

run away with them. I asked him what he gave for them; this was a

puzzler, but after hemming and hawing for a minute, he said he had

played for them, and won them. I asked him what else he had won of the

man; he replied, the poncho, and a thin jacket, both of which he had on.

I then ordered them both into the calaboose for the night. The winner,

who had apprehended the other, and who, no doubt, expected to get the

oxen at once, looked quite confounded.

This morning I had the two gamblers before me: neither of them looked as

if he had relished much his prison-couch. I made the winner return all

his ill-gotten gains, oxen, poncho, and jacket, and then fined them each

five dollars. The one who had served the warrant shrugged his shoulders,

as if he had made a great mistake. There was no escape from the

judgment, so they paid their fine and departed. The next time they

gamble, they will probably settle matters between themselves, without a

resort to the alcalde.

THURSDAY, SEPT. 10. My alcalde duties required me to-day to preside at

the executive sale of two dwelling-houses and a store. I was about as

_au fait_ at the business as Dr. Johnson at the auction of widow

Thrales’ brewery, when he informed the bidders, in his towering

language, that he offered them, not a few idle vats and worms, but the

“potentiality of becoming rich.” The property sold well, forty per cent.

higher than it would under the Mexican flag. All real estate has risen

since our occupation of the territory. This tells what the community

expects in terms which none can mistake. A Californian told me to-day

that he considered his lands worth forty thousand dollars more than they

were before our flag was hoisted. The old office-holders may, perhaps,

grumble at the change, but they whose interest lies in the soil silently

exult. They desire no ebb in the present tide of political affairs.

FRIDAY, SEPT. 11. An express came in to-day, bringing the intelligence

that a thousand Wallawalla Indians had reached the Sacramento from

Oregon. They have come, as the express states, to avenge the death of a

young chief, who was wantonly and wickedly killed about a year since, by

an American emigrant. They belong to a tribe remarkable for their

intelligence, hardihood, and valor. Their occupation is that of

trappers, and they are thoroughly used to fire-arms. Capt. Mervin has

sent a force from the Savannah, and Capt. Montgomery another from the

Portsmouth, to arrest their progress. Capt. Ford, with his company of

California rangers, who understand the bush-fight, will also be on the

spot.

SATURDAY, SEPT. 12. My partner in the “Californian” has been absent

several weeks. All the work of the office has devolved upon a sailor,

who has set the type for the whole paper, with fingers stiff as the

ropes around which they have coiled themselves into seeming fixtures.

Yet the “Californian” is out, and makes a good appearance. Who would

think, except in these uttermost ends of the earth, of issuing a weekly

journal, with only an old tar to set the type, and without a solitary

exchange paper! By good fortune, a hunter brought along a copy of the

“Oregon Spectator;” it was quite a windfall, though the only

intelligence it contained from the United States, was that brought its

editor by some overland emigrant. The “Spectator” speaks of the

institutions of the “City of Oregon” with as much reverence as if they

had the antiquity of the Egyptian Pyramids; when there is scarce a

crow’s nest which does not date further back. But age is no certain

evidence of merit, since folly runs to seed as fast as wisdom.

The land of gold; or, Three years in California · 第 3 / 33 章