CHAPTER XIV.

Progress of the town of San Francisco

Capt. Dupont

Gen. Kearny

The presidio

Appointed Alcalde

Gen. Kearny's proclamation

Arrival of Col. Stevenson's regiment

Horse-thief Indians

Administration of justice in California

Sale of lots in San Francisco.

Wherever the Anglo-Saxon race plant themselves, progress is certain to

be displayed in some form or other. Such is their "go-ahead" energy,

that things cannot stand still where they are, whatever may be the

circumstances surrounding them. Notwithstanding the wars and

insurrections, I found the town of San Francisco, on my arrival here,

visibly improved. An American population had flowed into it; lots,

which heretofore have been considered almost valueless, were selling at

high prices; new houses had been built, and were in progress; new

commercial houses had been established; hotels had been opened for the

accommodation of the travelling and business public; and the

publication of a newspaper had been commenced. The little village of

two hundred souls, when I arrived here in September last, is fast

becoming a town of importance. Ships freighted with full cargoes are

entering the port, and landing their merchandise to be disposed of at

wholesale and retail on shore, instead of the former mode of vending

them afloat in the harbour. There is a prevailing air of activity,

enterprise, and energy; and men, in view of the advantageous position

of the town for commerce, are making large calculations upon the

future; calculations which I believe will be fully realized.

On the 15th I dined on board the sloop-of-war Cyane, with Commander

Dupont, to whom I had the good fortune to be the bearer from home of a

letter of introduction. I say "good fortune," because I conceive it to

be one of the greatest of social blessings, as well as pleasures, to be

made acquainted with a truly upright and honourable man--one whose

integrity never bends to wrongful or pusillanimous expediency;--one

who, armed intellectually with the panoply of justice, has courage to

sustain it under any and all circumstances;--one whose ambition is, in

a public capacity, to serve his country, and not to serve himself;--one

who waits for his country to judge of his acts, and, if worthy, to

place the laurel wreath upon his head, disdaining a self-wrought and

self-assumed coronal. Capt. Dupont is a native of Delaware; and that

gallant and patriotic state should feel proud of such a son. He is one

of whom all men, on sea or on land, with whom his duties as an officer

or citizen of our republic brings him in contact, speak well; and whose

private virtues, as well as professional merits, are deserving of the

warmest admiration and the highest honours.

Although I have long known Gen. S.W. Kearny from reputation, and saw

him at Los Angeles, I was here introduced to him for the first time.

Gen. K. is a man rising fifty years of age. His height is about five

feet ten or eleven inches. His figure is all that is required by

symmetry. His features are regular, almost Grecian; his eye is blue,

and has an eagle-like expression, when excited by stern or angry

emotion; but, in ordinary social intercourse, the whole expression of

his countenance is mild and pleasing, and his manners and conversation

are unaffected, urbane, and conciliatory, without the slightest

exhibition of vanity or egotism. He appears the cool, brave, and

energetic soldier; the strict disciplinarian, without tyranny; the man,

in short, determined to perform his duty, in whatever situation he may

be placed, leaving consequences to follow in their natural course.

These, my first impressions, were fully confirmed by subsequent

intercourse, in situations and under circumstances which, by

experience, I have found an unfailing alembic for the trial of

character--a crucible wherein, if the metal be impure, the drossy

substances are sure to display themselves. It is not my province to

extol or pronounce judgment upon his acts; they are a part of the

military and civil history of our country, and as such will be

applauded or condemned, according to the estimate that may be placed

upon them. But I may be allowed to express the opinion, that no man,

placed under the same circumstances, ever aimed to perform his duty

with more uprightness and more fidelity to the interests and honour of

his country, or who, to shed lustre upon his country, ever braved

greater dangers, or endured more hardships and privations, and all

without vaunting his performances and sacrifices.

On the 16th, in company of Gen. Kearny, Capt. Turner, and Lieuts.

Warner and Hallock, of the U.S. Engineer Corps, I rode to the Presidio

of San Francisco, and the old fortification at the mouth of the bay.

The presidio is about three miles from the town, and consists of

several blocks of adobe buildings, covered with files. The walls of

most of the buildings are crumbling for the want of care in protecting

them from the annual rains; and without this care they will soon become

heaps of mud. The fort is erected upon a commanding position, about a

mile and a half from the entrance to the bay. Its walls are

substantially constructed of burnt brick, and are of sufficient

thickness and strength to resist heavy battering. There are nine or ten

embrasures. Like everything else in the country belonging to the

public, the fort is fast falling into ruins. There has been no garrison

here for several years; the guns are dismounted, and half decomposed by

long exposure to the weather, and from want of care. Some of them have

sunk into the ground.

On the 20th I was waited upon by Gen. Kearny, and requested to accept

the office of alcalde, or chief magistrate, of the district of San

Francisco. There being no opportunity of returning to the United States

immediately, I accepted of the proposed appointment, and on the 22d was

sworn into office, my predecessor, Lieut. W.A. Bartlett, of the navy,

being ordered to his ship by the commanding officer of the squadron.

The annual salute in celebration of the birthday of the immortal and

illustrious founder of our republic, required by law from all the ships

of the navy in commission, in whatever part of the world they may be at

the time, strikes us more forcibly when in a far-off country, as being

a beautiful and appropriate tribute to the unapproachable virtues and

heroism of that great benefactor of the human race, than when we are

nearer home, or upon our own soil. The U.S. ships in the harbour, at

twelve o'clock on the 22d, each fired a national salute; and the day

being calm and beautiful, the reports bounded from hill to hill, and

were echoed and re-echoed until the sound died away, apparently in the

distant gorges of the Sierra Nevada. This was a voice from the soul of

WASHINGTON, speaking in majestic and thunder-tones to the green and

flowery valley, the gentle hills and lofty mountains of California, and

consecrating them as the future abode of millions upon millions of the

sons of liberty. The merchant and whale ships lying at anchor, catching

the enthusiasm, joined in the salute; and for a time the harbour and

bay in front of the town were enveloped in clouds of gunpowder smoke.

General Kearny left San Francisco, in the frigate Savannah, Captain

Mervine, on the 23d, for Monterey, and soon after his arrival at that

place issued the following proclamation:--

PROCLAMATION TO THE PEOPLE OF CALIFORNIA.

The President of the United States having instructed the undersigned

to take charge of the civil government of California, he enters upon

his duties with an ardent desire to promote, as far as he is able,

the interests of the country and the welfare of its inhabitants.

The undersigned has instructions from the President to respect and

protect the religious institutions of California, and to see that

the religious rights of the people are in the amplest manner

preserved to them, the constitution of the United States allowing

every man to worship his Creator in such a manner as his own

conscience may dictate to him.

The undersigned is also instructed to protect the persons and

property of the quiet and peaceable inhabitants of the country

against all or any of their enemies, whether from abroad or at home;

and when he now assures the Californians that it will be his duty

and his pleasure to comply with those instructions, he calls upon

them all to exert themselves in preserving order and tranquillity,

in promoting harmony and concord, and in maintaining the authority

and efficiency of the laws.

It is the wish and design of the United States to provide for

California, with the least possible delay, a free government,

similar to those in her other territories; and the people will soon

be called upon to exercise their rights as freemen, in electing

their own representatives, to make such laws as may be deemed best

for their interest and welfare. But until this can be done, the laws

now in existence, and not in conflict with the constitution of the

United States, will be continued until changed by competent

authority; and those persons who hold office will continue in the

same for the present, provided they swear to support that

constitution, and to faithfully perform their duty.

The undersigned hereby absolves all the inhabitants of California

from any further allegiance to the republic of Mexico, and will

consider them as citizens of the United States; those who remain

quiet and peaceable will be respected in their rights and protected

in them. Should any take up arms against or oppose the government of

this territory, or instigate others to do so, they will be

considered as enemies, and treated accordingly.

When Mexico forced a war upon the United States, time did not permit

the latter to invite the Californians as friends to join her

standard, but compelled her to take possession of the country to

prevent any European power from seizing upon it, and, in doing so,

some excesses and unauthorized acts were no doubt committed by

persons employed in the service of the United States, by which a few

of the inhabitants have met with a loss of property; such losses

will be duly investigated, and those entitled to remuneration will

receive it.

California has for many years suffered greatly from domestic

troubles; civil wars have been the poisoned fountains which have

sent forth trouble and pestilence over her beautiful land. Now those

fountains are dried up; the star-spangled banner floats over

California, and as long as the sun continues to shine upon her, so

long will it float there, over the natives of the land, as well as

others who have found a home in her bosom; and under it agriculture

must improve, and the arts and sciences flourish, as seed in a rich

and fertile soil.

The Americans and Californians are now but one people; let us

cherish one wish, one hope, and let that be for the peace and quiet

of our country. Let us, as a band of brothers, unite and emulate

each other in our exertions to benefit and improve this our

beautiful, and which soon must be our happy and prosperous, home.

Done at Monterey, capital of California, this first day of March,

A.D. 1847, and in the seventy-first year of independence of the

United Suites.

S.W. KEARNY

Brig.-Gen., U.S.A., and Governor of California.

The proclamation of General Kearny gave great satisfaction to the

native as well as the emigrant population of the country. Several of

the alcaldes of the district of my jurisdiction, as well as private

individuals (natives of the country), expressed, by letter and orally,

their approbation of the sentiments of the proclamation in the warmest

terms. They said that they were heartily willing to become Americans

upon these terms, and hoped that there would be the least possible

delay in admitting them to the rights of American citizenship. There

was a general expectation among natives as well as foreigners, that a

representative form of territorial government would be immediately

established by General Kearny. Why this was not done, is explained by

the recent publication of General Scott's letter to General Kearny,

dated November 3rd, 1846, of which Colonel Mason was the bearer, he

having left the United States on the 7th November. In this letter

General Scott says:--

"As a guide to the civil governor of Upper California, in our hands,

see the letter of June 3rd (last), addressed to you by the Secretary of

War. You will not, however, formally declare the province to be

annexed. Permanent incorporation of the territory must depend on the

government of the United States.

"After occupying with our forces all necessary points in Upper

California, and establishing a temporary civil government therein, as

well as assuring yourself of its internal tranquillity, and the absence

of any danger of reconquest on the part of Mexico, you may charge

Colonel Mason, United States first dragoons, the bearer of this open

letter, or land officer next in rank to your own, with your several

duties, and return yourself, with a sufficient escort of troops, to St.

Louis, Missouri; but the body of the United States dragoons that

accompanied you to California will remain there until further orders."

The transport ships Thomas H. Perkins, Loo Choo, Susan Drew, and

Brutus, with Colonel Stevenson's regiment, arrived at San Francisco

during the months of March and April. These vessels were freighted with

a vast quantity of munitions, stores, tools, saw-mills, grist-mills,

etc., etc., to be employed in the fortification of the principal

harbours on the coast--San Francisco, Monterey, and San Diego. The

regiment of Col. Stevenson was separated into different commands,

portions of it being stationed at San Francisco, Sonoma, Monterey,

Santa Barbara, and Los Angeles; and some companies employed against the

horse-thief Indians of the Sierra Nevada and the Tulares.

As good an account of these horse-thief Indians, and their

depredations, as I have seen, I find in the "California Star," of March

28th, 1847, written by a gentleman who has been a resident of

California for a number of years, and who has been a sufferer. It is

subjoined:--

"During the Spanish regime, such a thing as a horse-thief was unknown

in the country; but as soon as the Mexicans took possession, their

characteristic anarchy began to prevail, and the Indians to desert from

the missions. The first Indian horse-thief known in this part of the

country was a neophyte of the mission of Santa Clara, George, who

flourished about twenty years ago. He absconded from his mission to the

river of Stanislaus, of which he was a native. From thence he returned

to the settlements, and began to steal horses, which at that time were

very numerous. After pursuing his depredations for some time, he was at

last pursued and killed on his return from one of his forages. The

mission of Santa Clara has been, from that time to the present day, the

greatest nursery for horse thieves, as the Stanislaus river has been

and is their principal rendezvous. I have taken some pains to inquire

among some of the most intelligent and respectable of the native

inhabitants, as to the probable number of horses that have been stolen

between Monterey and San Francisco within the last twenty years, and

the result has been that more than one hundred thousand can be

distinctly enumerated, and that the total amount would probably be

double that number. Nearly all these horses have been eaten! From the

river of Stanislaus, as a central point, the evil has spread to the

north and south, and at present extends from the vicinity of the

Mickélemes River on the north, to the sources of the St. Joaquin on the

south. These Indians inhabit all the western declivity of the great

snowy mountains, within these limits, and have become so habituated to

living on horseflesh, that it is now with them the principal means of

subsistence.

"In past time they have been repeatedly pursued, and many of them

killed, and whole villages destroyed, but, so far from being deterred,

they are continually becoming more bold and daring in their robberies,

as horses become scarcer and more carefully guarded. About twenty

persons have been killed by them within the knowledge of the writer.

Among others, Mr. Lindsay and Mr. Wilson were killed by them not long

ago. Only about one month since, they shot and dangerously wounded four

persons employed on the farm of Mr. Weber, near the Pueblo of St.

Joseph, and at the same time stole the horses of the farm, and those

also from the farms of Captain Fisher and Mr. Burnal, in the same

vicinity; in all, about two hundred head. Within the last ten days

numerous parties of them have been committing depredations on many of

the farms in the jurisdiction of the Contra Costa, and scarcely a night

passes but we hear of their having stolen horses from some one. Three

days ago, a party of them were met by some young men who had been out

catching wild horses on the plains of the St. Joaquin, but as they were

mounted on tired animals, they were only able to recapture the stolen

horses, but could not overtake the thieves."

It has not been within the scope of my design, in writing out those

notes, to enter into the minute details of the conquest and occupation

of California by the forces of the United States. To do so would

require more space than I have allowed myself, and the matter would be

more voluminous than interesting or important. My intention has been to

give such a sketch of the military operations in California, during my

residence and travels in the country, as to afford to the reader a

general and correct idea of the events transpiring at the time. No

important circumstance, I think, has escaped my attention.

Among the officers of the army stationed at San Francisco, with whom I

became acquainted, were Major Hardie, in command of the troops, Captain

Folsom, acting quartermaster-general in California, and Lieutenant

Warner, of the engineer corps. Lieutenant Warner marched with General

Kearny from the United States, and was at the battle of San Pasqual. I

have seen the coat which he wore on that occasion, pierced in seven

different places by the lances of the enemy. He did not make this

exhibition himself; and I never heard him refer to the subject but

once, and then it was with the modesty of a veteran campaigner.

The corps of topographical engineers accompanying General Kearny, under

the command of Captain Emory, will, doubtless, furnish in their report

much interesting and valuable information. Mr. Stanley, the artist Of

the expedition, completed his sketches in oil, at San Francisco; and a

more truthful, interesting, and valuable series of paintings,

delineating mountain scenery, the floral exhibitions on the route, the

savage tribes between Santa Fe and California--combined with camp-life

and marches through the desert and wilderness--has never been, and

probably never will be, exhibited. Mr. Stanley informed me that he was

preparing a work on the savage tribes of North America and of the

islands of the Pacific, which, when completed on his plan, will be the

most comprehensive and descriptive of the subject of any that has been

published.

Legal proceedings are much less complex in California than in the

United States. There is no written statute law in the country. The only

law books I could find were a digested code entitled, "Laws of Spain

and the Indies," published in Spain about a hundred years ago, and a

small pamphlet defining the powers of various judicial officers,

emanating from the Mexican government since the revolution. A late

Mexican governor of California, on being required by a magistrate to

instruct him as to the manner in which he should administer the law

within his jurisdiction, replied, "_Administer it in accordance with

the principles of natural right and justice_," and this is the

foundation of Californian jurisprudence. The local _bandos_, or laws,

are enacted, adjudicated, and executed by the local magistrates, or

alcaldes. The alcalde has jurisdiction in all municipal matters, and in

cases for minor offences, and for debt in sums not over one hundred

dollars. In cases of heinous or capital offences, the alcalde has

simply an examining power, the testimony being taken down in writing,

and transmit-to the _juez de primera instancia_, or first judge of the

district, before whom the case is tried. Civil actions, for sums over

one hundred dollars, must also be tried before the _juez de primera

instancia_, and from him there is an appeal to the prefect, or the

governor of the province. The trial by _hombres buenos_, or good men,

is one of the established legal tribunals when either of the parties

demand it, and is similar to our trial by jury; the difference being in

the number, the _hombres buenos_ usually consisting of three or five,

as they may be ordered by the magistrate, or requested by the

litigants, and our jury of twelve. With honest and intelligent

magistrates, the system operates advantageously, as justice is speedy

and certain; but the reverse of this, with corrupt and ignorant

magistrates, too frequently in power, the consequences of the system

are as bad as can well be imagined.

The policy of the Mexican government has been to encourage in certain

localities the erection of pueblos, or towns, and for this purpose they

have made grants of land to the local authorities, or municipalities,

within certain defined limits, to be regranted upon application, in

lots of fifty or one hundred varass, as the case may be, to persons

declaring their intention to settle and to do business in the town. For

these grants to individuals a certain sum of money is paid, which goes

into the treasury of the municipality. The magistrates, however,

without special permission, have no power to grant lots of land within

a certain number of feet of or below high-water mark. The power is

reserved to be exercised by the governor of the province. It being

necessary for the convenient landing of ships, and for the discharging

and receiving of their cargoes, that the beach in front of the town of

San Francisco should be improved with wharfs, etc., etc., and that

titles should be granted to individuals who otherwise would make no

durable improvements. As magistrate of the town, in compliance with the

request of numerous citizens, I solicited from General Kearny, the

acting governor, a relinquishment, on the part of the general

government, of the beach lands in front of the town in favour of the

municipality, under certain conditions. This was granted by the

Governor, who issued a decree dated 10th March, permitting the sales by

auction of all such grounds adjacent to the water-side as might be

found adapted to commercial purposes, with the exception of such lots

as might be selected for the use of the United States government, by

its proper officers. The sales accordingly took place, the lots were

eagerly purchased, and the port has already become a place of

considerable commercial activity.

What I Saw in California A Description of Its Soil, Climate, Productions, and Gold Mines, with the Best Routes and Latest Information for Intending Emigrants; to Which is Annexed an Appendix Containing Official Documents and Letters Authenticating the Accounts of the Quantities of Gold Found, with Its Actual Value Ascertained by Chemical Assay; also Late Communications Containing Accounts of the Highest Interest and Importance from the Gold Districts; with a Map · 第 14 / 18 章