THE COUNTRY AND ITS RESOURCES.

The country lying between the _Sierra Nevada_ and the Pacific Ocean,

and bounded at the north, though somewhat indefinitely, by the Oregon

Territory, and at the South by the Lower California, confined by

the late treaty of the two neighboring Republics to the line three

miles south of San Diego, is known as Upper California, a country

now engrossing the attention of the civilized world with its future

importance. There is no other instance known in history where a country

just emerging so to say, from obscurity, immediately acquired such

complicated and multifarious relations, not only to the nation of whose

territory it is only a small portion, but to the whole civilized world,

as California has. In view of these various relations, we propose here

to consider the subject of Upper California.

Before California can answer all those expectations, the realization of

which the world with good reason looks for, an increase of population

must be secured for her. To effect which it will not be very difficult,

if to its natural advantages, the government of the Union will add its

efforts to promote by every legislative and administrative measure the

influx of new settlers. But in all its proceedings, liberality should

be its motto, and none of that miserly policy that is afraid of losing

an acre from its lands or a dollar from its treasury.

California holds in its bosom resources that no other country can

boast of comprised in so small a territory--its mineral wealth, its

agricultural capacity, its geographical position, conspire to make it

in time one of the most favored lands. And it will lie in the power of

the government either to accelerate or retard the unfolding of its

future importance. When considered in point of mineral productions,

if allowed to be developed by capitalists, California is capable of

becoming an important centre of the commerce of the Pacific. Here

we find in the neighborhood of the Clear Lake, about a hundred and

twenty-five miles north of Sonoma, Lead, Copper, Sulpher and Saltpetre;

on the South side of San Francisco Bay, Silver-mines have been found

in the vicinity of Pueblo de San Jose; Quicksilver mines which are

pronounced to be richer than those of Spain, are already being worked

to a great profit in the same region; Coal strata have been also found

in the coast range of mountains near Santa Cruz, in the neighborhood

of the Mission of San Luis Obispo, and near San Diego. California Coal

seems to be in the intermediate state between the anthracite and the

bituminous; it is not as hard as the former nor so soft as the latter;

it burns more easily than the first, and does not give out so smoky and

unpleasant a flame as the second; it ignites easily and burns with a

very pleasant flame without much smoke. Iron is scattered through the

mountains of the country, and we have no doubt that a workable mine of

it will before long be discovered. We mention not the gold washings

that are being worked so successfully at present, for as respects

their duration and the developement of the industry of the country,

they scarcely deserve the attention of the economist be they ever so

rich; as all other mines are more beneficent in their influence to the

progress of a country than gold mines. These will become the means of

advancing the prosperity of the country only when a regular system of

mining by sinking shafts into the rocks shall commence, which it is to

be hoped will be done ere long.

The labor expended in working these various mines would give a firm

support to the agriculture of the country, which at this day is totally

neglected. There is no country, probably, where the soil is so grateful

to the hand that cultivates it. There is almost no plant, grain, or

fruit that cannot be raised here. Rye grows wild on the skirts of

the gold region towards the _Sierra Nevada_; oats cover completely

the coast range of the mountains; wheat and corn grow luxuriantly on

all the plains, notwithstanding it rains only in the winter season;

potatoes, onions and every other kind of garden vegetables with very

little care grow to a very large size and of excellent flavor. Some

of these vegetables can be kept growing all the year round, such as

onions, peas, and some others. Every description of fruit trees seem

to be natural to the soil, for they attain here a great perfection.

The apple, the peach, the pear, the apricot, the fig, the cherry, the

plum, the grape, the pomegranate, the citron, the orange, the olive,

the currant, the gooseberry and various other berries are found here

either cultivated or in a wild state. The inhabitants of the country

have not done much towards the culture of any fruit trees or shrubs;

and that is the reason the quantity of any fruit is very limited, when

compared with the wants of the population and the capacities of the

soil. Knowledge and industry with very little exertion would increase

the quantity not only to supply the wants of the country but even

to a super-abundance. The pear and the olive seem to have been the

favorite fruit with the Priests of the Missions, as they have raised

them in large quantities and of excellent quality. The California olive

is among the largest known, and in flavor surpasses that of France;

the varieties of the pear are numerous and delicious in quality. The

grape vine grows throughout the country, from the extreme north down

to San Diego. Excellent grape is produced at Sonoma, at the Mission

of San Jose, and some other points. The best however, or where it was

made the best use of, is that of the Pueblo de los Angeles. The wine

produced there by several vine growers is of excellent quality; in the

opinion of many judges in the matter, it is superior to any wine that

Spain or Portugal can produce. Its color, its flavor and its strength

are _sui generis_; it wants only to be known to be sought after by

_amateurs_; and there is no doubt but its culture and the exportation

of it will extend rapidly with the increase of commerce on this coast.

The most celebrated wine at present is that made by M. Vignes, a French

gentleman who settled in the country some fifteen years ago and was

the first to plant a vineyard in this region. There are two qualities

of it, red and white; the latter is more inviting than the former by

the very beauty of its color. The growing of the grape vine and of the

olive may be made a very profitable branch of foreign commerce, if

there were men to attend to the business; settlers from the South of

Europe could develope this branch of industry to great advantage, and

could not fail to make themselves opulent. There are in the country

appropriate spots for the culture of rice and the sugar cane: the

former could be easily raised on the overflowed lands of the San

Joaquin and on the creeks of San Francisco Bay. Cotton even might be

raised here, but we think one could employ his time more profitably in

some other business, as cotton is so cheap elsewhere. Hemp grows wild

in different parts of the country.

There is yet another branch of industry at which we have not heretofore

so much as hinted, but which would prove for California one of the

richest mines of which she could boast; we mean the raising of sheep.

The climate of the country and much of its surface are admirably

adapted for the purpose; in fact, as it proved a source of wealth

to New South Wales, it would be equally so to California; a great

similarity of climate of the two countries guarantees the result. In

this way every portion of the country would be turned to advantage; the

mountains now lying barren would be a grazing ground for the sheep; and

the valleys now trodden exclusively by cattle and horses would be given

up to the plough, and there would be no more livestock raised than

the actual wants of the country require. Merino rams could be easily

procured from Oregon, Peru, or even New South Wales, to improve the

native breed of the sheep. He who enters upon this business the first

will lay the foundation for a colossal fortune which he can realize in

a few years.

The face of the country being broken up into mountains and having

large valleys separating the two coast ranges of mountains into the

sea coast range on the west, and the spurs of the Sierra Nevada on the

East, offers an ample ground for the shepherd and agriculturalist. The

valleys south of San Francisco Bay lie almost parallel with the sea

coast, gradually receding with it in a South-east direction. This gives

an opportunity for the North-west winds, which prevail on the coast, to

sweep over them, and thus temper the heat of the sun, renovate the air,

and carry away over the snowy mountains any _miasmata_ that might be

suspended in the atmosphere, and which if left undisturbed might prove

a prolific source of disease. This accounts for the extreme healthiness

of the sea coast of California. The portion of the country that is

less salubrious than the rest of it is confined between the Sacramento

and the San Joaquin; fevers seem to be dominant there, yet even there

people can get acclimated and enjoy good health for years. In point

of climate San Francisco and San Diego present a striking contrast.

The former being so much exposed to the North-west winds has a very

disagreeable temperature; but it is nothing more than disagreeable,

as fogs and winds have their periods there; it is however, far from

being unhealthy; with ordinary care and prudence, one in a few months

gets acclimated, and cannot but enjoy perfect health. Its winter,

notwithstanding the rains, is more agreeable than its summer, when fog

and chilling winds prevail. This climate extends only the length of the

bay; it improves as we recede farther south. On the contrary, in San

Diego the climate is most delicious and equable; neither enervating by

excessive heat, nor disagreeable on account of Northern blasts. Rains

are scanty, yet vegetation is luxuriant wherever the soil is good.

We may observe here in regard to the climate of California in general,

that for the sake of health, summer dress should be entirely dispensed

with; the nights throughout the coast are cold, and every new comer is

more liable to suffer through neglect of this precaution than even the

natives. Woolen dress is never oppressive here, but always beneficial.

Strangers, if they suffer, owe their illness to the oversight of this

fact, together with the excesses that some of them commit.

The agriculture of a country should be made the basis of every branch

of industry and trade; these latter should, so to say, feed the springs

of the former. In California every facility is offered to the farmer.

The working of the various mines will guarantee him a profitable sale

of all his productions. The exterior commerce naturally following the

working of mines, will equally contribute its share in favor of the

agriculturalist. The American whalers scattered throughout the Pacific

Ocean to the number of nearly 700, will come to California for fresh

provisions if they have the security that they will run no risk of

losing their crews on their arrival there. It will be the duty of the

Federal Government, as well as of the local authorities, to devise

measures that will give this security to all shipping. The government

squadron that will be constantly stationed in the Pacific, will also

draw its provisions from California as soon as she shall be able to

furnish them, since it will be less expensive to the Government, and

more beneficial for the service; for much of the stores that are now

shipped round Cape Horn at considerable expense, become unfit for use

by the time they are wanted by the Navy.

Such are the unfailing sources from which the labor of the farmer

will be liberally paid; but they are not the only ones. Every year

will see them expand and always working for the advantage of the

agriculturalist. It is not necessary to be gifted with an extraordinary

foresight to predict that as soon as the industry and enterprise of

the Americans take a fair footing on this soil, the commerce of the

country will grow daily; the trade with China, with the Islands of

the Pacific, and with the whole western coast of America will be ere

many years, in the hands of American citizens resident in California,

which will be made a _depot_ of the industry of the whole Union. To

swell this commercial tide beating against the shores of California

comes the railroad that must inevitably be built across the territory

of the Union, and whose terminus must be on the Bay of San Francisco.

It may take many years before this work will be accomplished, but we

have no doubt of its being sooner or later entered upon. We have a

particular right to express our faith in the accomplishment of the

work, as we were the first, at least to our knowledge, who, five years

ago, prophesied on a public occasion, the union of New York with San

Francisco by means of the iron bars laid across the continent. At that

time it was more difficult to foresee than it is now, and probably

those who then smiled at our enthusiastic visions of the future, will

now agree with us that the time is not far removed when the Pacific

shore railroad will pass into the facts of history. The accomplishment

of this work will appear less difficult when we consider that one

half of the proposed railroad is already built--we mean the distance

from New York to Natchez. Now, combining all the results of the

different branches of industry above spoken of, and which can and will

be exercised in this territory whenever there shall be a sufficient

number of inhabitants for the work, is it difficult to foresee the

part California is to perform in the civilized world? And all this

will ultimately turn to the especial benefit of the tiller of the

soil. The country can sustain several millions of inhabitants with the

greatest ease possible. The apparent drawback upon the agriculture of

the country in the eyes of a farmer from the States is the comparative

scarcity of timber and water; and he is more disagreeably impressed,

if, arriving by land, he beholds, first of all, the extensive plains of

the Sacramento.--Should he come from Oregon he feels home-sick, and is

willing almost immediately to turn upon his heels for his well wooded

home. But the Sacramento plains are not the best representatives of the

country; they are good only for a scanty population; the want of an

abundant supply of wood and water is only apparent at first sight, and

particularly to those whose first idea of farming is to clear away the

woods from the land they are to settle upon. The same time which the

farmer in Oregon devotes to the clearing of land can be, if necessary,

devoted to looking for and securing a lasting spring of water that

may answer for all farming purposes--a thing very easily done, if one

possesses a little knowledge and industry. We can say safely, that

there is hardly a spot in California on which water cannot be found if

looked for; although frequently on the surface there may be no signs

of it, yet the ground, notwithstanding this, is so percolated with it

that it needs, comparatively speaking, but little labor to strike upon

a lasting spring. We doubt not that those who have means would find it

profitable to sink an artesian well, if the land require it, which work

would not be very expensive here, because there is never an occasion

to go very deep in search of water in California. By what we have said

we do not mean to imply that the necessity for these wells will be

felt throughout the country; far from it--there are not only numerous

streams in the hills that never dry up, offering fine mill sites, but

others that wash the plains can be turned to agricultural purposes

with all ease. At one time, when California was under the direction

of the Spanish priests, it was like a garden; but the Mexican misrule

blasted it like the Northern wind when it breathes upon a budding

flower. Those who have not seen such things before, would be surprised

at finding wheat and corn, the principal grains that are raised here,

growing luxuriantly in plains where there are but scanty rains. We

have seen excellent potatoes grow on a slope of a hill in the Bay of

Monterey. This is undoubtedly owing to the moisture brought from the

sea by winds, nightly dews, and to the fact that the sub-soil is always

more or less moist. There is a remarkable advantage in the climate of

California for the farmer; the seasons and their peculiarities are so

well known that he can count almost with certainty upon the results of

his rural labors.

Although timber cannot be found on every spot that is arable, yet we

may safely assert that there is a sufficient quantity of it through the

country to satisfy all the wants of the inhabitants that are yet to

settle here. The coast range of mountains from Oregon down, is quite

plentifully wooded; particularly near Botega on the North and Santa

Cruz on the South side of the Bay of San Francisco. There are already

from six to eight saw-mills in the country, and there is yet room for

more. In fact, in our opinion, if the American farmer get rid of his

_stereotyped_ notions of farming, and using his intelligence, adapts

himself to the climate and the state of the country, he will reap a

golden harvest much more abundant than anywhere else; and even we would

go farther and assert that he will do so with much less labor than in

any of the States.

In connexion with the farming interest we cannot overlook the excellent

state of natural roads throughout the country. A good road enables

the farmer to dispose of his produce and greatly diminishes his rural

labors. There are but a few, if any, countries that can boast of so

good natural roads as California. From San Francisco down to San Diego,

a carriage may pass along the valleys almost upon a beaten track,

although everything in relation to roads is at present completely

neglected. In Spanish times they were in a better state, for the

Priests then used to make their journeys to San Diego in carriages all

along the coast. A very little labor would make them even now all that

roads need be.

Not less important to the farming interest, as to every interest in the

country, is a railroad uniting the States on the East side of the Rocky

Mountains with the Pacific shores. The advantages of such a National

work are numerous, and if the people and the government of the Union

understand fully its importance, they will lose no time in undertaking

it. The practicability of the work is not to be questioned; the country

through which it _should_ pass, and the energy and enterprise of the

American citizens are sufficient guarantees for its feasibility. The

immense advantages in a commercial point of view to be derived from

such an enterprise are indisputable. The trade of China, of the Islands

of the Pacific and the whole Western coast of America, will be brought

so much nearer the Union that it will not fail to pour immense wealth

into her lap. She will become really a formidable commercial rival

of Great Britain, and a common carrier to the whole of Europe. It

will bind the whole Union with more indissoluble ties; the sectional

interests of each State will be mingled and merged in the common

interest made fast to the Pacific shore. To California individually,

such a railroad will be of great consequence, as it will make it a

centre of an extensive commerce, and will bring to her a sufficient

population to develope all her internal resources.

Once before we have indicated the route for such a railroad, and we

will take this opportunity to enforce it upon the public still more, as

farther reflection and information upon the subject enables us to do

even with more reason than before.

The projected railroad across the continent should start from the

Mississippi near the mouth of the Ohio, or at such a point that the

navigation will never be liable to be interrupted by ice; thence to

the vicinity of the Arkansas; thence along the prairie ridge which

separates the waters that flow into the Arkansas from those which

flow into the Mississippi and Missouri, to the point where the road

passes from Missouri to New Mexico, and by _San Miguel_ to _Santa

Fe_; thence up the valley of the _Rio del Norte_ to the mouth of the

_Abaca_ creek; thence up the creek to the town of the same name, and

thence through a pine forest of low sandy hills ninety miles in length

to the _Rio de la Plata_, which is a tributary of the _San Juan_. The

latter is a tributary of the _Colorado_. It should cross the _Colorado_

to the Northwest side and proceed along the trail from _Santa Fe_

to California to a point between the _Mahahve_ river and the _San

Bernardino_ mountain; thence through about ten miles of low hills to

the great valley of the _San Joaquin_; thence down that magnificent

and fertile valley, about five hundred miles on a level, to the tide

water of the Bay of San Francisco. By this route the road will pass

over a dead level of about eight hundred miles at the eastern end, and

about five hundred miles at the western; it will have _no mountains to

cross_, will be nearly free from snow in all parts, will afford, for

New Mexico, an outlet to both Oceans, and terminate at the best part of

the western coast of America.

The point of the terminus of the railroad is by an accident, so to

speak, already selected with a good deal of discernment; it is called

the New York of the Pacific, situated at the upper part of the Bay of

San Francisco, known here as Suisun Bay. An enterprising company, at

the head of which is Col. Stevenson, have bought a tract of land at

the mouth of the _San Joaquin_, where it mingles its waters with those

of the Sacramento, and are already building a town. Its situation for

the terminus of the railroad is very advantageous; it is level; has

abundance of land to expand upon; it is in the neighborhood of grazing

farms; its climate is healthy, as is the rest of the south bank of the

San Joaquin; well-water can be found there within a few feet of the

surface; the river is deep enough to admit large vessels close to the

shore, and its water here is fresh and sweet; ships can water here with

the greatest facility. The vessels going up the Sacramento pass within

sight of it. It is a spot very judiciously selected for a town, and we

have no doubt it will grow, as the proprietors spare no efforts to make

it acceptable to new settlers.

But the railroad should not stop here; it should branch away along

the shore to the point where now the town of _Martinez_ is being laid

out,--a very pretty site facing the straits of Carquinez; thence

it should strike the valley of San Jose--one of the richest spots

in California and which would support, a million of industrious

inhabitants--and following along the coast terminate at San Diego.

The advantages of uniting the two opposite points of the country by

means of a railroad, will not only help its speedy settlement--an

important consideration in many respects--but will be equal to gaining

a free port on the coast of Mexico for the exclusive benefit of

American citizens. By the means of _Santa Fe_ and _San Diego_, should

the railroad be constructed as indicated above, the Union will have the

command of the largest share of the Mexican trade.

So far as we know, and we have taken considerable pains to ascertain

the fact, we may assert that there is no better route for a railroad

from the States to California. No other passage through the _Sierra

Nevada_ can be found but the one we have indicated. There is none to

be found between the heads of the Sacramento and San Joaquin rivers.

We have rambled over that region, and the conformation of the country

gives us confidence in saying that it is not at all favorable to such

a passage; and besides, supposing that such a passage could be found,

a single fact in relation to the subject will destroy all hopes of

effecting the object; we mean that from the line where the auriferous

region terminates, to the very ridge of the _Sierra Nevada_--the region

of granite, occasional limestone, and Masses of sand-stone--snow

lies for six months, accompanied with intense cold; the depressions

of the mountains are filled up with it to such a degree that the

tops of the highest trees only peep through it as if they were but

so many insignificant bushes. In fine, the snow levels the tops of

the mountains into a continuous plain, as it were, through which the

melting sun alone, by degrees, can effect a passage towards the end

of June or the beginning of July. This is the time when the Snowy

Mountains can be traversed. The government a few weeks ago sent an

expedition in search of such a passage through the Northern portion of

the gold region about the head of the Sacramento river. We feel sure

that the attempt will be fruitless.

It would be well, on the part of the government, to look for passages

for military roads leading from the States to the Pacific, or to take

advantage of those already discovered. There ought to be at least three

such roads; one leading to Oregon, another to the north of California,

striking at the head of the Bear Creek, and the third taking a

southerly course to San Diego. These roads would offer great facilities

to the emigrants from the States, who never should take the same

track in large companies, on account of the scantiness of grass. The

military posts thus established would keep in check the roving tribes

of Indians, offering security to the emigrants. There is already,

considering the character of the country through which it passes, a

very good road made by the renowned mountaineer, Greenwood, leading by

the head of _Yuba_ and striking at the _Bear Creek_ valley, till it

reaches Johnson’s farm on the confines of the plains. This road may be

made better and much shorter, if it should follow from the ridge at the

head of Bear Creek valley, striking at the head of the north fork of

the same creek, and following it along a little towards the Yuba side,

then again turning towards the Bear Creek, and continuing so till the

hills acquire a more confused outline, and finally striking Johnson’s

farm. By this route the journey would be shortened several days, and

the difficult descent at the junction of the North Fork of the Bear

Creek with the same creek would be avoided.

The military roads thus disposed would give a security to the

settlements from horse thieving Indians, who now frequently make

incursions upon them, carrying away herds of horses and mules, and

sometimes even pick up an unaware traveller on his journey. The present

disposition of the troops is of no real service to the country. They

are stationed in comfortable and quiet quarters in towns where they are

the least wanted, and the thieving Indians are allowed to make nightly

excursions into the settlements, and to infest the roads. Under the

Spanish government there were different military posts established in

the country, and the troops in detachments were made constantly to

traverse the country in different directions from post to post, thus

keeping always on the road, they kept in check the predatory Indians,

who, by the way, are neither very brave nor formidable in numbers.

According to our notions, soldiers are not kept for the purpose of

meddling with politics and living always in towns; they should perform

the service that the country may need at their hands, although that

service may lead them into camp life.

Since the occupation of the country by the American forces, the

inhabitants complained bitterly of the frequent depredations of

the horse thieving Indians, but the powers that be listened with

indifference to them, and offered no effective remedy for the evil, and

it does not seem probable that the present military authorities will

do any better for the country, judging from the disposition they have

made of the forces. The inhabitants, if they can combine, will have to

take the subject into their own hands, for it is even doubtful whether

the highest authorities of the Union will deign to look into the wants

of the _benighted ranchero_ of California. However, we will not lay the

faults of the past government at the door of the present one; we will

hope still a while longer for the best at its hands.

It is of no small importance to those who wish to settle in California

to know the state of landed property in the country; it will be but

following their wishes if we offer a few pertinent remarks upon the

subject, which we will do after a few preliminaries. A line drawn

from the coast eastward that would pass at the southern edge of

the Clear-lake valley; then another that would go north and south,

intersecting the former, touching the western side of the auriferous

region, and following it down to the frontier line south of San Diego,

may be considered as enclosing the inhabited portions of the country.

There is very little public land within the above described lines, as

it is almost entirely occupied by proprietors or covered by titles.

The government, therefore, cannot expect to find much in the settled

portion of the country that should come under its immediate control

in the shape of public lands. The land on the north and east sides

of the imaginary lines we drew, is either unoccupied or inhabited

by rambling tribes of Indians. We may say that the whole auriferous

region is occupied by Indians in its whole extent, and the oak is the

frontier line of the Indian dominions; beyond that line the undisputed

possessions of the pine and the bear commence. The wild Indians of

California are probably the most inferior race of all the Aborigines of

the continent; they lack energy and spirit; they live on roots, acorns,

pine-nuts, insects, and occasionally on game, when they can catch it,

or on horse or mule flesh when they can steal it. North of the Bay of

San Francisco, and between the Sacramento and San Joaquin rivers, some

of the Indians live in the families of the settlers, or near their

farms, working for their subsistence and an occasional blanket. These

are called in Spanish, very properly, _Indios manzos_--(tame Indians.)

The others live in the woods, rambling frequently from spot to spot and

sustaining themselves in the way we have already mentioned.

On the south side of the Bay of San Francisco and the San Joaquin

rivers, the Indians are more numerous, and particularly as we go

further south they are more spirited and enterprising in thieving than

those of the north; and those particularly on the southern frontier

of California are brave and formidable. The _Indios manzos_ are

sufficiently numerous in the settlements here, and some thousands of

them were living at the Missions. The wild Indians in this portion

of the country occupy the mountains back of the settlements; amongst

them are now found in large numbers, those who, after the Mexican

government succeeded in ruining the Missions, fled into the mountains

and resumed their former life. In these mountains are found numerous

beautiful valleys, well watered and full of game of every description;

the climate is said to be very benign. It would be very difficult to

estimate accurately the number of Indians, both tame and wild, in the

country; we therefore will not offer any supposition of our own on the

subject.

The government at Washington will find itself somewhat embarrassed

in selecting a course of conduct with these Indians; they have been

accustomed to a different system of management than that of the United

States. They cannot be removed, in justice and humanity, from the

country, for there is no place to remove them to where they could

subsist; it would be dooming them to destruction; and it would be more

humane to butcher them outright than expose them to a slow but sure

extinction. The system that the Spanish government pursued with them

seems to suit, at least the Indians of this country, better than the

American way. It acknowledged no rights in them to the soil, but it

sends out missionaries to gather them into the folds of the church,

and to make settlements of them under the directions of the Priests.

In our opinion, the only safe and humane mode of bringing them within

the pale of civilization, would be by establishing Protestant Missions,

if you like,--but modeled somewhat after the Spanish fashion,--in

those mountains on the spots fit for agriculture and grazing, where

they could be brought to an industrious and peaceable life by

persuasion, which could be easily effected, as they are sufficiently

docile, and in this manner their services might be secured for the

country as heretofore; they are, when engaged with settlers, those

who generally perform the labors of the field or about the house,

without losing, however, their freedom. In these occupations they seem

quite contented, if they have enough meat to eat, which of course

never fails in California. There can be in California no other but

free labor hereafter, as it has been heretofore. The new settlers,

as well as the old ones, are extremely opposed to any other. It is

in vain that the gentlemen from the Southern States of the Union, in

their dreaming hours, try, or have tried, to introduce their black

institutions through the _legal doors_, as they think, of Congress

into the territory of California. Whether Congress may please, in its

wisdom, to think that it has a right to introduce slavery into its new

territories or not, it matters not for California; she cares very

little what Congress may do in forgetfulness of its duty towards her,

but she is resolved to resist any such measure; and whoever entertains

the question for a moment, either in the legislative halls or before

the public, shows his ignorance of the disposition and unanimous

determination of the inhabitants of California. The slave-holder who

would come here with his legalized chattles, would find his sojourn

very uncomfortable, and would lose completely on his speculation. The

inhabitants of this country feel already indignant at the intrigues

of the Southern gentlemen who prevented, in the last Congress, the

passage of necessary laws for California. We may state here once for

all, that if Congress wish to govern this country, it must be just and

paternal in its care of it; if it pass any laws it must not pass them

in ignorance of the state of things in California; it must not imagine

that this country is only inhabited by semi-barbarous tribes that can

be co-erced into obedience. The inhabitants are very easily governed

by justice, and there are no more loyal citizens in the whole Union

than the California settlers; but they think they understand their

rights, and would not be downtrodden by any legislative bodies. At this

moment the larger portion of them are Europeans and Americans, and the

rest are Mexicans either born in California or in other States of that

Republic. It is the interest of the Union to keep them in good humor,

and consolidate the new territories by just and liberal laws.

Judging from the specimens of the laws proposed in Congress for the

benefit of California, and which, thanks to the knowledge, wisdom and

eloquence of Hon. T. H. Benton, Senator from Missouri, failed to go

into effect, we fear that that honorable body is in danger of running

on shoals in its legislative measures relating to this country, and

particularly in laws affecting landed property. The gentlemen in

Congress apply their American ideas of the value of landed property

to a country that has been, so to say, born and raised under Spanish

system of laws, and is totally different from any of the States in

its domestic and civil arrangements. It would be impossible by any

legislative act to change suddenly the character of former civil

institutions of the country without committing outrageous injustice

to its inhabitants, and even running the risk of raising their

opposition. California, as well as New Mexico, comes into the Union as

a full-grown man, whose habits are already formed, connects himself by

ties of matrimony with another family; his new relations, if they be

wise, do not wish him to be like themselves in every particular, but

gradually by gentle influences, try to assimilate him to themselves,

in which, in the long run, they will succeed. This is precisely the

position of the government of the Union in regard to these newly

acquired territories. To assimilate them by degrees without doing

violence or injustice to their habits and possessions, should be the

rule of a wise legislation. They are not to be punished for what,

in the eyes of American legislators, appears to be defective in the

Spanish or Mexican laws; if so, it would be doing violence to justice,

to the laws of nations, and to the very late treaty by which the

American government bound itself to respect their rights of property

precisely as the Mexican government would have done or did do. The

plain meaning of this is that the government of the United States is

bound to recognize and legalize after its fashion to suit its system of

laws, the present possessions of the Californians as it finds them, and

has no right to go behind the fact of actual possession and scrutinize

and invalidate them. The Mexican government has left them so, as we

find them, and if it had continued its sway in these countries, there

is no possible doubt but it would not have disturbed them. These people

who were brought up to tend their cattle on a large surface of land,

as their grazing farms are, without any knowledge of any other mode

of getting a living, if cut down to the American idea of a farm, of a

hundred and eighty acres, or supposing even a section of 640 acres,

would be reduced to beggary, nay, worse, to servitude. Would such a

step be creditable to an enlightened, Christian nation like the United

States? Tending cattle is their only occupation and only knowledge; it

will take some time before they be trained to a different mode of life.

The Spanish and Mexican law does not know a fee-simple title,--in the

meaning of the U. S. laws it is a grant of perpetual lease, on some

conditions. To suit its own practice, the American government should

recognize the titles as it finds them in the country by giving the

proprietors a fee-simple title, after its own fashion, on the top of

the former one by which the land was held.

The Spanish and Mexican governments were liberal in giving facilities

to acquire land, particularly in California. It was a common practice

of the Mexican government that when a foreigner married a native he

was recognized as a citizen, and by applying, could obtain a grant of

land for a grazing farm of from a league to four leagues, or sometimes

even more. As a general rule, the largest grazing farm that could have

been granted under Mexican government, consisted of eleven leagues;

there are, however, individuals that possess as many as thirty and

forty leagues of land. Such large possessions are open to suspicion in

regard to their being legal possessions, and into such the American

government may inquire with more justice, as they are larger than even

the necessities of California farmer’s life could require. But small

proprietors cannot have more than is absolutely necessary to their

maintenance.

The landed possessions in California may be arranged into three

categories, which sprang very naturally from the system of the

colonization of the country. There are Mission lands, _Pueblo_ lands

and _ranchos_, as they are called here, but in better Spanish they

would be called _haciendas_, and in plain English, grazing farmlands of

private individuals.

The settlement of California was owing to the will of a pious Countess

in Mexico, who left an immense fortune to christianize the heathen

inhabitants of this country. About the year of 1670, an expedition,

led by a missionary priest, and escorted by a company of soldiers and

settlers, landed on the shores of California. The first attempts at

colonizing the country were not successful, but by perseverence in

repeated efforts the Spaniards at last succeeded in getting a foot-hold

in this land. They gathered Indians about them, christianized them

after their fashion, and made them _manzos_; soon, with their labor,

Mission buildings were erected, farms put in order, cattle raised, and

the Indians were instructed in various handicrafts. Finally, in course

of time, through the whole length of the land, Missions were planted,

and flourished; the Priests grew fat and rich, and the Indians became

tame and industrious, and were well taken care of. The country smiled

with abundance and the people were happy. Soon, settlers came into the

country and planted themselves, very naturally, near the Missions,

on which, at first, they depended for their worldly goods; but by

degrees they sprung into _Pueblos_, viz. towns. These towns had lands

alloted to them by leagues, which were to be used in common by all

the inhabitants for their cattle; or if any of them wished to till a

piece of land, by an application to the _alcalde_, if there were no

objections by the inhabitants, he received a permit from the judge

so to do, and as long as he or his heirs occupied it, no body had a

right to disturb them. In this way it followed that the inhabitants of

towns acquired small portions of land for their houses and tillage,

while the rest of the town land was used in common for grazing. Under

this arrangement of town property there was always enough land for all

new settlers that might come to inhabit these _Pueblos_. This manner

of disposing of town land, sanctioned by Mexican law, served as a

precedent to the town authorities of San Francisco, Pueblo de San Jose,

Santa Cruz and Monterey, when they, in 1847, disposed of a portion

of the land belonging to those respective towns, giving perpetual

leases to their possessors. This measure was particularly favorable to

foreigners recently arrived in the country, as thus they were enabled

to buy the rights of the natives who were not disposed to put much

value upon so small parcels of land, and thereby the American interest

was much promoted.

The land of the _ranchos_ was always either a royal grant of Spain

or of the supreme government of Mexico, or latterly of the Governor

of California; all these grants practically had the same effect; the

possessor of the tract of land thus granted was always in the full

enjoyment of his rights and privileges, and no authority could disturb

him in his possessions. As the country was frequently disturbed by

revolutions, when it was not uncommon for one of the contending

parties to burn up or carry away or destroy the archives of a town or

even of the country, the land proprietors were not molested in their

possessions, although they could not show their property enregistered

in the records. Besides the officers of the Mexican government being

proverbially negligent of their duties, may not have paid sufficient

attention to proper order in these matters. Under such circumstances it

would not be surprising if some proprietors should find their property

unregistered in the archives of the country. Whatever land is left that

has not been disposed of in one of the ways aforesaid, is public land

at the disposal of the government.

Such being the disposition of landed property in California, the

American government, if it be just and does not wish to create a

general disaffection among the people towards itself, must recognize

the actual possessors in their possessions by a summary act of

legislation recognizing the rights they claim, and to prevent all

future difficulties, giving them the fee-simple title to their

possessions. The _ranchos_ must be acknowledged to be the property of

private individuals; the towns must have their rights to their town

lands, and the Missions, if they yet have any Indians, ought to retain

their tracts of land; or if these exist no longer, the church and

public education have the next and best right to them. The lands of

the Missions were always considered as Indian lands, or lands devoted

for the benefit of the Indians living at the Missions; the priest was

but a steward of the Mission. When the riches of the Missions excited

the envy of some high persons in office, they set themselves to work

to secularize them--and they succeeded under the Mexican government.

The Missions were secularized and circumscribed, and received laymen

for their administrators, who superintended and administered them so

well that the riches of the Missions fled, their buildings were ruined,

their Indians scattered, and at present scarcely their shadow is left;

yet they do exist just to remind the world of their former opulence.

With the exception of two or three, on all of them there are yet some

Indians and a Priest left shorn of their former glory.

In view of the state of landed property of the country, there are three

methods by the means of which California may receive an increase to

its population without any violence to justice or law being committed.

Supposing that the American government has recognized all titles to

lands as it found them, then those who have no means of buying land

from private individuals should receive liberal donations from the

government, or settle in one of the towns where yet town lands exist,

and taking advantage of the Mexican law by petitioning the _alcalde_,

the settler could get land for his house and tillage, and being

more industrious than the natives, he could even grow rich soon and

enjoy his possessions as if they were his in fee simple. Those who

have means could find tracts of land to buy, either enough only for

themselves, or larger than they actually need, to be divided into farms

of sufficient size and induce new settlers, by offering them liberal

terms, to settle around them; by this arrangement both parties would be

gainers.

In our view of the subject, we think the interest of the whole country

would induce the government to use all means at its disposal to favor

a prompt settlement of California, since the sooner it will be densely

settled the sooner its vast resources will be developed, and the sooner

the whole Union will reap advantages resulting from such a developement.

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