Seeing, then, that the question which now excites such painful

sensations in the country will, in the end, certainly be settled by

the silent effect of causes independent of the action of Congress, I

again submit to your wisdom the policy recommended in my annual

message, of awaiting the salutary operation of those causes, believing

that we shall thus avoid the creation of geographical parties, and

secure the harmony of feeling so necessary to the beneficial action of

our political system. Connected as the Union is with the remembrance

of past happiness, the sense of present blessings, and the hope of

future peace and prosperity, every dictate of wisdom, every feeling of

duty, and every emotion of patriotism, tend to inspire fidelity and

devotion to it, and admonish us cautiously to avoid any unnecessary

controversy which can either endanger it or impair its strength, the

chief element of which is to be found in the regard and affection of

the people for each other.

Z. TAYLOR.

WASHINGTON CITY, D.C., January 21st, 1850.

D.

EXECUTIVE DEPARTMENT OF CALIFORNIA,

_Monterey, August 30, 1849_.

GENERAL:--I have the honor to transmit, herewith, copies of civil

papers and letters issued by me since my despatch of June 30, and to

continue my report on the civil affairs of this country from this

date.

Accompanied by Captain Halleck, Secretary of State for California, and

Major Canby, Captain Wescott, and Lieutenant Derby, of my military

staff, I left this place on the 5th July for the purpose of inspecting

the military posts in the interior, and of learning from personal

observation the actual state of affairs in the mineral regions, and

also of allaying, so far as I could, the hostile feeling which was

said to exist between the Americans and foreigners who were working in

the gold placers. My report on the state of the troops and a more

detailed account of my tour will be forwarded with my military papers.

Passing the mission of San Juan Bautista, we crossed the coast range

of mountains near the ranche of Senor Pacheco, and struck the San

Joaquin River near the mouth of the Merced; and, after visiting Major

Miller's camp on the Stanislaus, we proceeded to examine the principal

placers on the tributaries of that river and of the Tuolumne. These

washings or diggings have been among the richest and most productive

in California.

They are situated within a circuit of some twelve or fifteen miles,

and are known as Jamestown, Wood's Creek, Sonoranian Camp, Sullivan's

Creek, Curtis's Creek, French Creek, Carson's Creek, and Angelo Creek.

Some of these have become places of considerable business,

particularly the Sonoranian Camp, which presents the appearance of a

city of canvas houses.

Passing the Stanislaus River in the mountains, we proceeded to Major

Kingsbury's camp near the mouth of the American River, crossing in our

route the Calaveras, Moquelume, Seco, and Cosumnes Rivers; all of

which have rich washings near their sources, and on their bars and

islands. From Major Kingsbury's camp we ascended the American River to

Cullamo Hills, where the first placer was discovered by Captain

Sutter's employees in the spring of 1848. From Cullamo we crossed the

country to Stockton, a new town on an estero some distance above the

mouth of the San Joaquin, and thence proceeded to Colonel Cazey's camp

at the straits of Carquinnes; returning via San Francisco to Monterey,

which place we reached on the afternoon of the 9th instant.

We found the country at this season dry and parched by the sun, the

heat of which became very great the moment we crossed the coast range

of mountains. The thermometer ranges as high as 113° Fah. in the

shade, and above 140° Fah. in the sun. A great portion of the valley

of the Joaquin is so barren as scarcely to afford subsistence for our

animals, and can never be of much value for agricultural purposes.

There, however, is, some excellent land on the east side of that

river, bordering its large tributaries. A considerable portion of the

valleys of the Moquelume, Seco, Cosumnes, and American Rivers is also

well adapted to agriculture; and the broad plains lying between them

furnish abundant pasture for raising stock. But the amount of good

arable land, as compared with the extent of country which we passed

over, is small, and I am inclined to believe that the richness and

extreme fertility of certain localities have led to erroneous

conclusions respecting the general character of the country. Certain

it is, that while there may be found sufficient arable lands to

support, if well cultivated, a numerous population, here is also a

very great extent of rough and mountainous country and sandy and

barren plains which are of little value. The great difficulty to be

encountered in agricultural pursuits in some portions of California is

the want of water for irrigation; but possibly this difficulty may be

overcome in part by resorting to artesian wells. If so, much of the

public land which is now unsaleable may be brought into market, and

the settlement of the country greatly accelerated. I would, therefore,

suggest whether it may not be advisable for our government to direct

some experiments to be made at the public expense in sinking wells of

this character, for even if unsuccessful as a means of irrigation,

their construction will greatly assist in determining the geological

character of the country. At present nearly all agricultural labors

are suspended in the general scramble for gold; but the enormous

prices paid for fruit and vegetables in the towns will undoubtedly

induce many, during the coming year, to turn their attention to the

cultivation of the soil. The failure on the part of Congress, at its

last session, to authorize the sale of public lands in California, has

proved detrimental to the agricultural interest of the country.

A large number of those who have recently emigrated to California are

desirous to locate themselves permanently in the country, and to

cultivate the soil, but the uncertainty which exists with respect to

the validity of land titles in California, and to what actually

constitutes the public domain, serves as a serious check to the

forming of new agricultural settlements; moreover, speculators are

purchasing up fraudulent and invalid titles to large tracts of the

public domain, and selling them off in parcels, and at enormous

profits, to those who have recently arrived in the country, and who

are necessarily ignorant of the real state of the case. All the

mission lands in California were secularized, or made government

property, by a law of Mexico, dated August 17th, 1833, and the

territorial government of California, under the authority of the

Mexican laws, leased and sold a portion of these lands and mission

property. Another portion of this property, however, still remained

unsold when the Americans took possession of the country, and it has

since been left in the hands of government agents for preservation.

Erroneously supposing that these lands are subject to pre-emption

laws, some of the recent emigrants have attempted to settle upon them.

But I cannot deem myself justifiable in permitting this, for I do not

conceive that lands which have been under cultivation for half a

century, and now belong to government, can be subject to the

pre-emption claims of private individuals, in the same manner as the

uncultivated lands of the public domain. It is, however, important for

the interest of the country that these mission lands be brought into

market with the least possible delay, and also that provision be made

by law for the settlement and sale of other public lands in

California. And as disputes are almost daily occurring between

individuals respecting the extent of their several claims, and the

validity of their titles, I would urge upon our government the

necessity of immediately taking measures for the speedy and final

settlement of these titles upon principles of equity and justice. This

is absolutely essential for the peace and prosperity of the country.

For information connected with this subject, I beg leave to call

attention, to the report of Captain Halleck, Secretary of State for

California, which was forwarded to Washington by my predecessor, in

the early part of April last.

Before leaving Monterey I heard numerous rumors of irregularities and

crimes among those working in the _placers_; but, on visiting the

mining regions, I was agreeably surprised to learn that every thing

was quite the reverse from what had been represented, and that order

and regularity were preserved throughout almost the entire extent of

the mineral districts. In each little settlement, or tented town, the

miners have elected their local alcaldes and constables, whose

judicial decisions and official acts are sustained by the people, and

enforced with much regularity and energy. It is true, that in a few

instances certain local questions have produced temporary excitements

and difficulties, but none of these have been of a very important

character, or led to serious results. Alcaldes have probably in some

cases, and under peculiar circumstances, exercised judicial powers

which were never conferred upon them by law; but the general result

has been favorable to the preservation of order and the dispensation

of justice.

The old _placers_ are still exceedingly productive, and new ones are

almost daily discovered in the smaller streams running from the

western slope of the Sierra Nevada into the great valleys of the

Sacramento and San Joaquin Rivers.

I am satisfied, however, from personal observation, that very

exaggerated accounts have been sent to the United States respecting

the ease with which the precious metal is extracted from the earth,

and that many who come to this country with the expectation of

acquiring sudden wealth, with little or no labor, will be sadly

disappointed. It is true that the reward of labor in the mines is very

high; but it should not be forgotten that gold _digging_ and gold

washing in that climate require strong constitutions and great

physical exertions, and very few need expect to acquire fortunes by

working the _placers_, without severe labor and fixed habits of

industry and temperance. The yield of different localities is, of

course, very different, some of the _placers_ being exceedingly rich,

while the product of others is scarcely sufficient to pay the expenses

of working. But I think the general averages per diem, for those

actually employed in washing for gold, will not vary much from an

ounce or an ounce and a half per man; some make much more than that

sum, while those who are less fortunate fall much short of it. The

actual number of persons working the _placers_ will not vary much from

ten thousand. The entire population now in the mining district is much

greater than that number; but many are engaged in mercantile pursuits

and in transporting goods and provisions, while others employ much of

their time in "prospecting," or looking for newer and richer

localities.

I also found that the reports which had reached me of hostilities

between Americans and foreigners, in the mining districts, were

greatly exaggerated, and that, with a few individual exceptions, every

thing had remained quiet and orderly. In some of the northern

_placers_ a party of Americans and Europeans, urged on by political

aspirants, who seem willing to endanger the peace and tranquillity of

the country, in order to promote their own personal interest, have

assumed the authority to order all Mexicans and South Americans from

that part of the territory. Their orders were quietly submitted to by

the foreigners, a portion of whom removed to the mines further south,

where the American population manifested a very decided disposition to

afford them protection should they be further molested. The more

intelligent and thinking portion of Americans regard this measure as

illegal and injudicious, and will discountenance any repetition of

movements so well calculated to disturb the public tranquillity, and

to create bitter and exasperated feelings, where it is evidently our

policy to cultivate those of the most friendly character. Some of the

English, Irish, and German emigrants, in the northern _placers_,

assisted in this movement against the Mexicans, Peruvians, and

Chilians, and probably exerted themselves much more than any of our

own citizens to create a prejudice and excitement against the Spanish

race. They were probably actuated by pecuniary interest. The great

influx of people from the southern portion of this continent was

diminishing the price of labor in the towns near the northern rivers,

and the large number of pack animals brought from Lower California

and Sonora was producing a corresponding reduction in the expenses of

transportation.

For example, the price of a pack mule in some parts of the mining

districts a few months ago was about $500, whereas they can now be

purchased for less than $150. The cost of transportation from the

principal landing on the San Joaquin River to the Sonoranian camp was

$75 per hundred, whereas at the present time it is only about $7.

This has reduced the prices of provisions in the _placers_ one and two

hundred per cent. Some of the merchants who had large stocks of goods

in the mines, and those who were engaged in transportation at the

prices formerly paid, have suffered by the change, and it is natural

that they should feel incensed against that class of foreigners who

have contributed most to effect it.

But it is thought by others that the great majority of the laborers

and consumers in the mining districts have been benefited by this

change, and that it would be injurious to the prosperity of the

country to restore things to their former state by the expulsion and

prohibition of foreigners from the mines.

Americans, by their superior intelligence and shrewdness in business,

generally contrive to turn to their own benefit the earnings of the

Mexicans, Chilians, and Peruvians in this country, and any measure of

exclusiveness which is calculated to diminish the productive labor of

California would be of exceedingly doubtful policy.

When applied to by the different parties for my opinion on the

question of expelling foreigners, I have uniformly told them that no

persons, native Americans or foreigners, have any legal right to dig

gold in the public lands; but that, until the government of the

United States should act in the matter, they would not be molested in

their pursuits; that I could not countenance any class of men in their

attempts to monopolize the working of the mines, and that all

questions touching the temporary right of individuals to work in

particular localities, of which they were in actual possession, should

be left to the decision of the local judicial authorities.

I cannot close my remarks on this subject without again calling the

attention of government to the importance of establishing a mint in

California at the earliest moment.

This measure is called for by every consideration of natural policy

and of justice to the mercantile mining population of California.

General Kearny, during his administration of affairs in this country,

appointed, by virtue of his authority as governor of California, two

sub-Indian agents, who have ever since been continued in office, and

their services found of great utility in preserving harmony among the

wild tribes, and in regulating their intercourse with the whites.

They have been paid from the "civil fund" very moderate salaries,

which will be continued until arrivals of agents regularly appointed

by the general government. Notwithstanding every effort on the part of

those agents and of the officers of the army here, it has not been

possible at all times to prevent aggression on the part of the whites,

or to restrain the Indians from avenging these injuries in their own

way.

In the month of April last, the agent in the Sacramento valley

reported that a body of Oregonians and mountaineers had committed

most horrible barbarities on the defenceless Indians in that vicinity.

Those cruel and inhuman proceedings, added, perhaps, to the execution

of a number of chiefs some year and a half since by a military force

sent into the San Joaquin valley by my predecessor, (the facts of

which were reported to Washington at the time,) have necessarily

produced a hostile feeling on the part of the natives, and several

small parties of whites, who, in their pursuit of gold, ventured too

far into the Indian country, have been killed.

My correspondence with the Indian agents and military officers

established in the Sacramento and San Joaquin valleys will inform you

of the measures taken to prevent a repetition of these difficulties.

I would respectfully recommend that at least three sub-Indian agents

be appointed for this country, and stationed in the valleys of the

Sacramento and San Joaquin.

These agents should receive ample pay in order to enable them to

defray the expenses of living in that part of the country, and should

be men of the highest moral character; for otherwise they would not

resist the temptation to engage in illicit trade with the natives, or

to employ them for the individual benefit of the agents in washing for

gold.

The election called by me for the 1st instant was held on that day,

and has been attended with the most happy results.

Every district has elected its local officers, and appointed delegates

to meet in general convention at this place on the 1st proximo, to

form a State Constitution or plan of territorial government, which

will be submitted to the people for their ratification, and

transmitted to Washington for the action of Congress.

Most of the local and judicial officers named in my proclamation of

the 3d of June, have already entered upon their duties, and the

interest which was taken by the people in every part of the country in

this election, and the zeal manifested by those elected and appointed

to office, afford strong hopes that the existing government will be

able to preserve order and secure the administration of justice until

a new one shall be put into regular and successful operation.

In my former despatch I mentioned that the civil officers of the

existing government would be paid their regular salaries from the

"civil funds," which had been formed, under the direction of the

governor of California, mainly out of the proceeds of the temporary

custom-houses established by my predecessors on this coast.

It will also be necessary to use a portion of this fund in the

immediate construction of jails for the security of civil prisoners.

The want of such jails has already led to the most serious

inconveniencies; prisoners have so frequently effected their escape,

that, on several occasions, the people have risen in masses and

executed criminals immediately after trial, and without waiting for

the due fulfilment of all the requisitions of the laws.

In many cases it has been found necessary to confine civil prisoners

on board vessels of war, and in the guard-houses of the garrison; but

in towns, at a distance from the coast and the military posts, the

difficulty of retaining prisoners in custody has led, in some

instances, to immediate and summary executions.

This evil calls for an immediate remedy, which will be afforded, so

far as the means at my disposal will admit.

I beg leave, in this place, to add a few remarks on the use which has

been, and will continue to be, made of this "civil fund."

In the instructions from Washington to General Kearny, in 1846, for

his guidance in California, the establishment of port regulations on

this coast was assigned to the commander of the _Pacific squadron_,

while it was said "the appointment of temporary collectors at the

several ports appertains to the civil governor of the province."

It was also directed that the duties at the custom-houses be used for

the support of the necessary officers of the civil government. This

division of duties, and this disposition of the proceeds of the

customs were continued during the whole war.

On the receipt of the Treasury Department regulations respecting the

collection of military contributions in Mexico, officers of the army

and navy were made collectors at some of the ports, but at others the

civil collectors appointed by the Governor of California were

retained.

At the close of the war, Governor Mason, for reasons already

communicated, determined to continue the collection of revenue in the

country, on the authority which had previously been given to him,

until Congress should act in the matter, or orders to the contrary be

received from Washington. He, therefore, as governor of California,

again appointed civil collectors in the ports where military officers

had temporarily performed those duties, and collected the customs on

all foreign goods, in accordance with the provisions of the tariff of

1846, while the commander of the Pacific squadron continued the

direction of all matters relating to port regulations. A double

necessity impelled the governor to this course. The country was in

pressing need of these foreign goods, and Congress had established no

port of entry on this coast. The want of a more complete organization

of the existing civil government was daily increasing, and, as

Congress had made no provisions for supporting a government in this

country, it was absolutely necessary to create a fund for that purpose

from the duties collected on these foreign goods. It is true that

there were no laws authorizing the collection of these duties; but at

the same time the laws forbade the landing of the goods till the

duties _were_ paid. Governor Mason, therefore, had no alternative but

to pursue the course which he adopted. He immediately communicated to

Washington his action in the case; and as the receipt of his despatch

was acknowledged without any dissent being expressed, it must be

presumed that his course met the approbation of the government. When I

assumed command in this country as civil governor, I was directed to

receive these communications and instructions from Governor Mason, for

my guidance in the administration of the civil affairs of this

Territory. I have accordingly continued the collection of the revenue,

and added the proceeds to the "civil fund," using that fund for the

necessary expenses of the civil government. The expenses of employing

civil officers in this country are very great; and as I have no

authority to lay taxes, this fund forms my only means of carrying on

the government. The necessity of employing these officers, and of

paying them the full salaries authorized by law under the existing

state of affairs, is too obvious to require comment. I have pledged

myself to pay these salaries from the "civil fund," unless forbidden

to do so by direct orders from Washington; and that pledge will be

fulfilled. This "civil fund" was commenced in the early part of 1847,

and has been formed and used in the manner pointed out in the early

instructions to the governor of the Territory. This money has been

collected and disbursed by the "Governor of California" and by those

appointed by him in virtue of his office. He is, therefore, the person

responsible for this money, both to the government and to the parties

from whom it is collected, and it can be expended only on his orders.

None of the military departments of the army, nor any army officer

simply in virtue of his commission, can have any control, direct or

indirect, over it. It is true that some of this money has, from time

to time, as the wants of the service required, been transferred to the

different military departments; but this transfer was in the form of a

_loan_, and the money so transferred will be returned to the "civil

fund" as soon as arrangements can be made for that purpose. The

increased expenditures for the support of the existing government will

soon render the restoration absolutely necessary; especially as the

transfer of the custom-houses to the regular collectors appointed by

the general government, will now cut off all further means of

supplying the civil treasury. These collectors have not yet arrived,

but are daily expected.

Very respectfully, your obedient servant,

BENNET RILEY,

_Brevet Brig. Gen. U.S. Army,

and Governor of California_.

Major-General R. JONES,

_Adjutant-General of the Army, Washington, D.C._

APPENDIX E.

The following official despatch of General Persifor F. Smith, contains

an opinion of the position of San Francisco totally different from

that of the numerous California tourists. It is a valuable opinion,

nevertheless, and led to the selection of the town of Benicia, on the

Straits of Karquinez, as a military and naval station.

HEADQUARTERS THIRD DIVISION,

_San Francisco, April 5, 1849_.

GENERAL:--Since my last communication no troops have arrived to change

the strength of the force here; but the steam transport Edith arrived

on the 21st of March, and reports that the transports Iowa and

Massachusetts, the former having General Riley with a part of the 2d

infantry, and the latter having the command of artillery for Oregon on

board, left Valparaiso about the 8th of February. The former is

expected here every day, and the Edith is held in readiness to convey

the troops south to the position they are to occupy.

There will be great difficulty in establishing and maintaining a post

at the mouth of the Gila, until more knowledge is acquired of the

navigation of the head of the gulf of California and the lower part of

the Colorado. Transportation by land from San Diego is impossible for

large quantities of stores.

In the gulf, the winds blow in the winter almost invariably from the

northward; and in the summer, when they come occasionally from

southward, it is in violent gales, with severe squalls and thunder,

rendering it very dangerous to be in the gulf then. In other words, it

is always difficult to run up the gulf, but almost always easy to run

south. These circumstances render the employment of steam vessels very

advantageous. If the navigation of the gulf permits the Edith to be

used she will answer, having both sails and steam. If she draws too

much water, others of lighter draught could be procured. I mention

this now, as the boundary commission will commence their labors on

this end of the line, and will be on the Gila next season. I should

have observed that the Colorado is supposed to be navigable only for

boats drawing three or four feet.

I see no reason for posting troops on any other point out of reach of

the ports on the Pacific. The Indians in the interior do not make it

necessary, and it would be useless to place them near the mines to

maintain order there. Nothing but the establishment of a regular civil

government, to be carried on by those most interested in the existence

of good order, will answer that end.

Such detachments as go to the southern part of the Territory will

accordingly be placed, as heretofore mentioned, in healthy and

convenient positions, and those on this bay at such points as will

combine good climate, convenience of supply, and facility of movement.

I propose, when such a point is found, to have removed all the public

stores there, both from this place and Monterey, leaving the heavy

ordnance and stores.

The town of San Francisco is no way fitted for military or commercial

purposes; there is no harbor, a bad landing-place, bad water, no

supplies of provisions, an inclement climate, and it is cut off from

the rest of the country, except by a long circuit around the southern

extremity of the bay. In time of war, enemies' troops could be landed

for many miles south of the entrance of the bay on the sea beach, and

thus cut it off by a short line across the peninsula on which it

stands. There are points on the bay, more inland, having good harbors

and landings, good water, and open to the whole country in rear, and

accessible without difficulty to ships of the largest class. One of

these should be the point at which the future depots should be

established; and I propose to go to-morrow in the Edith, in company

with Commodore Jones and other officers of the army and navy, to

examine the straits of Karquinez, said to combine most advantages. I

hope to return and report the result of our examination before the

next mail boat leaves, (on Monday, 9th,) but at any rate by the

succeeding boat, a few days afterwards.

I hope that in fixing the port of entry, capital, or other public

places, the law will leave to the President the selection; otherwise,

private interests already involved in speculation here, will, by

misrepresentation, lead to a very bad choice.

If Congress has not provided by law for the government of this

Territory, or its admission as a State, I would be very glad that the

government would officially promulgate its views as to the civil

authority now exercised here. Some important questions of law,

involving both life and property, are now depending; and judges and

jurors, without experience in these difficult questions, are called

upon to act under great responsibility.

It appears to be the opinion of merchants in many of the ports of the

Pacific--and they allege in support of it the advice of some of our

consuls--that in virtue of the circular of the Secretary of the

Treasury of October 30, as the Treasury Department could not collect

duties on imports in California, their goods, though dutiable, could

be imported without paying duty. I have held that this was not the

construction proper to be given to the circular, but only that the law

had not provided the means of collecting duties here, that law being

still in force which prohibits certain goods being introduced into the

United States, unless they pay duties as prescribed; that consequently

no dutiable goods can be landed in California unless they shall have

paid their duties elsewhere--the effect of which would be, that they

could not be admitted at all from foreign ports.

Under the circumstances, which showed a very hard case, I thought it

proper that the parties should be allowed to deposit the amount of

duties and land the goods; but, lest this should be construed as

giving them a right for the future, and as the president may think

proper to put an end to this indulgence, I have addressed a circular

to all our consuls on these seas, warning them of this possibility--a

copy of which is inclosed.

I was directed, when coming here, by the Secretary of War, to do all I

could to facilitate the arrival of the civil officers of government in

Oregon, as the public service required their presence there. The

steamer in which we came here could go no farther north, and there was

no possible way of those gentlemen getting there, except on a small

vessel about sailing, on which there were no accommodations.

Commodore Jones kindly sent carpenters from the fleet to put up some

berths, and on General Adair's (the collector's) representation, that

no bedding could be procured, I directed the quartermaster to issue

him the necessary number of blankets for the voyage, and take his

receipt for them. I respectfully ask that this may be approved, and

the amount charged to General Adair. The quartermaster could not tell

him the price of the blankets when he took them.

As the rainy season has ended, people are again repairing to the

mines. New discoveries farther south are said to have been made; and

it is now pretty certain that the whole slope of the Sierra Nevada,

comprised within the head waters of the San Joaquin to the south and

those of the Sacramento to the north, contains gold. These two rivers,

forming, as it were, a bracket, join to enter the bay of San

Francisco; and their tributaries from the east, in their beds, expose

the deposits of gold as they descend from the mountains. It is on the

banks and branches of these streams that adventurers are now at work;

but some excavations elsewhere, to a depth equal to that worn by the

creeks, have disclosed quantities similar to those most generally

found. There appears to be a line parallel to the summit of the main

ridge, and some distance down the slope, at which the product of gold

is at its maximum; but whether this be from the quantity deposited, or

from the different position as relates to the surface, or from the

difficulty of working it, I have not the means of knowing.

The gold is found in small particles: the largest I have seen, but

such are rare, weighs seventy-one ounces troy. The appearance

invariably is as though it had been spurted up when melted through

crevices and fissures in drops, which have often the form of the

leaves and gravel on which they have fallen. I speak of this as an

appearance, not as a theory or hypothesis. The extent ascertained

within which gold is thus found is at least four hundred miles long

by forty wide; in almost every part of which, where the surface is

depressed by the beds of rivers, gold has been obtained without

digging more than ten feet below the surface, and very seldom that

much.

It is impossible to furnish any grounds for estimating the number of

people engaged in mining, or the amount they have produced. Persons

engaged in trading with the miners say they amount to about ten

thousand, but I cannot say with what reason. They can better judge of

the amount produced, which the lowest estimate places at $4,000,000.

More than three thousand persons have been added to the miners up to

this time,--chiefly from Mexico and South America.

When the mines were first discovered, all the ports of South America

on the Pacific, and of the Sandwich islands, sent the merchandise

collected and stored there to be sold here. They realized enormous

profits, before any competition from our eastern States could meet

them; and these goods were generally owned by European houses, who

thus became possessed of the first fruits of the mines, which were

shipped to Europe on their account; and it is thus that so little gold

has reached the United States.

When the merchandise now on its way from our Atlantic States arrives,

and is sold, the current will set that way; but the profits will be

much diminished by competition, and still more by the enormous

expenses here for labor, storage, &c. These are almost incredible; the

ordinary wages for the poorest laborer is $6 per day; many receive

$10.

The extent and richness of the gold region have not been exaggerated;

and the exorbitant prices paid for labor, rent, and subsistence, have

hardly been fully set forth. But all the estimates of the amount

actually produced are but mere suppositions, which may surpass or may

fall short of the truth.

I have already directed that the men to whom their commanding officers

may give short leaves of absence may be employed by the quartermasters

at the usual rates here. This will be an encouragement to the men and

an advantage to the public service, as labor is hard to get. But I

doubt the propriety of yielding to the current of gold-seeking, and

allowing large bodies of the men to go to the mines. It may be

permitted to reward good conduct, as any other indulgence is; but to

make it general, would be either to acknowledge the right of the men

to modify their obligations as they please, or to confess our

inability to enforce their fulfilment. For the sake of principle and

preciseness, it would be better to adhere to what is right now, though

the effect here in this particular instance would be the desertion of

the men.

I am, with respect, your obedient servant,

PERSIFOR F. SMITH,

_Brevet Major-General, commanding 3d Division_.

Brigadier-General R. Jones,

_Adjutant-General_.

APPENDIX F.

The following despatch contains instructions to General Kearny

concerning the conquest of California, contained in a despatch from

the Secretary of War, marked confidential. But a portion of these

instructions were carried out, in consequence of the anticipation of

the conquest by Commodore Stockton and Colonel Fremont.

[Confidential.]

WAR DEPARTMENT,

_Washington, June 3, 1846_.

SIR: I herewith send you a copy of my letter to the governor of

Missouri for an additional force of one thousand mounted men.

The object of thus adding to the force under your command is not, as

you will perceive, fully set forth in that letter, for the reason that

it is deemed prudent that it should not, at this time, become a matter

of public notoriety; but to you it is proper and necessary that it

should be stated.

It has been decided by the President to be of the greatest importance

in the pending war with Mexico to take the earliest possession of

Upper California. An expedition with that view is hereby ordered, and

you are designated to command it. To enable you to be in sufficient

force to conduct it successfully, this additional force of a thousand

mounted men has been provided, to follow you in the direction of Santa

Fe, to be under your orders or the officer you may leave in command at

Santa Fe.

It cannot be determined how far this additional force will be behind

that designed for the Santa Fe expedition, but it will not probably

be more than a few weeks. When you arrive at Santa Fe with the force

already called, and shall have taken possession of it, you may find

yourselves in a condition to garrison it with a small part of your

command (as the additional force will soon be at that place), and with

the remainder press forward to California. In that case you will make

such arrangements as to being followed by the reinforcement before

mentioned, as in your judgment may be deemed safe and prudent. I need

not say to you that in case you conquer Santa Fe, (and with it will be

included the department or state of New Mexico), it will be important

to provide for retaining safe possession of it. Should you deem it

prudent to have still more troops for the accomplishment of the

objects herein designated, you will lose no time in communicating your

opinion on that point, and all others connected with the enterprise,

to this department. Indeed, you are hereby authorized to make a direct

requisition for it upon the governor of Missouri.

It is known that a large body of Mormon emigrants are _en route_ to

California for the purpose of settling in that country. You are

desired to use all proper means to have a good understanding with

them, to the end that the United States may have their co-operation in

taking possession of and holding that country. It has been suggested

here that many of these Mormons would willingly enter into the service

of the United States, and aid us in our expedition against California.

You are hereby authorized to muster into service such as can be

induced to volunteer; not, however, to a number exceeding one-third of

your entire force. Should they enter the service they will be paid as

other volunteers, and you can allow them to designate, so far as it

can be properly done, the persons to act as officers thereof. It is

understood that a considerable number of American citizens are now

settled on the Sacramento River, near _Sutter's_ establishment, called

"Nueva Helvetia," who are well disposed towards the United States.

Should you, on your arrival in the country, find this to be the true

state of things there, you are authorized to organize and receive into

the service of the United States such portion of these citizens as you

may think useful to aid you to hold the possession of the country. You

will in that case allow them, so far as you shall judge proper, to

select their own officers. A large discretionary power is invested in

you in regard to these matters, as well as to all others, in relation

to the expeditions confided to your command.

The choice of routes by which you will enter California will be left

to your better knowledge and ampler means of getting accurate

information. We are assured that a southern route (called the caravan

route, by which the wild horses are brought from that country into New

Mexico) is practicable, and it is suggested as not improbable that it

can be passed over in the winter months, or at least late in autumn.

It is hoped that this information may prove to be correct.

[Illustration: GAMBLING SCENE AT SAN FRANCISCO.]

In regard to the routes, the practicability of procuring needful

supplies for men and animals, and transporting baggage, is a point to

be well considered. Should the President be disappointed in his

cherished hope that you will be able to reach the interior of Upper

California before winter, you are then desired to make the best

arrangement you can for sustaining your forces during the winter, and

for an early movement in the spring. Though it is very desirable that

the expedition should reach California this season, (and the President

does not doubt you will make every possible effort to accomplish this

object), yet if, in your judgment, it cannot be undertaken with a

reasonable prospect of success, you will defer it, as above suggested,

until spring. You are left unembarrassed by any specific directions in

this matter.

It is expected that the naval forces of the United States which are

now, or will soon be in the Pacific, will be in possession of all the

towns on the seacoast, and will co-operate with you in the conquest of

California. Arms, ordnance, munitions of war, and provisions to be

used in that country, will be sent by sea to our squadron in the

Pacific for the use of the land forces.

Should you conquer and take possession of New Mexico and Upper

California, or considerable places in either, you will establish

temporary civil governments therein--abolishing all arbitrary

restrictions that may exist, so far as it may be done with safety. In

performing this duty, it would be wise and prudent to continue in

their employment all such of the existing officers as are known to be

friendly to the United States, and will take the oath of allegiance to

them. The duties at the custom-house ought at once to be reduced to

such a rate as may be barely sufficient to maintain the necessary

officers, without yielding any revenue to the government. You may

assure the people of those provinces, that it is the wish and design

of the United States to provide for them a free government with the

least possible delay, similar to that which exists in our territories.

They will then be called on to exercise the rights of freemen in

electing their own representatives to the territorial legislature. It

is foreseen that what relates to the civil government will be a

difficult and unpleasant part of your duty, and much must necessarily

be left to your own discretion. In your whole conduct you will act in

such a manner as best to conciliate the inhabitants and render them

friendly to the United States.

It is desirable that the usual trade between the citizens of the

United States and the Mexican provinces should be continued, as far as

practicable, under the changed condition of things between the two

countries. In consequence of extending your expedition into

California, it may be proper that you should increase your supply for

goods to be distributed as presents to the Indians. The United States

superintendent of Indian affairs at St. Louis will aid you in

procuring these goods. You will be furnished with a proclamation in

the Spanish language, to be issued by you and circulated among the

Mexican people on your entering into or approaching their country. You

will use your utmost endeavors to have the pledges and promises

therein contained carried out to the utmost extent.

I am directed by the President to say that the rank of brevet

brigadier-general will be conferred on you as soon as you commence

your movement towards California, and sent round to you by sea or over

the country, or to the care of the commandant of our squadron in the

Pacific. In that way cannon, arms, ammunition, and supplies for the

land forces will be sent to you.

Very respectfully, your obedient servant,

W. L. MARCY,

_Secretary of War_.

Colonel S. W. KEARNY.

_Fort Leavenworth, Missouri._

APPENDIX G.

The particulars of the conquest of Upper California, as well as the

suppression of the insurrections, we have already given in substance

as they are in the despatches of General Kearny and Commodore

Stockton. But we have said nothing of the transactions in the

Peninsula, as that afterwards was surrendered to Mexico. All that is

interesting in the conquest of Lower California, will be found in the

following despatches from the commander of the New York regiment of

volunteers, which with a number of marines were the only troops

employed in that quarter. We premise, that, after the United States

marines had taken San José, the natives rose, and they were reduced to

the necessity of taking refuge in an old fort, or _cuartel_, in the

town.

BARRACKS, LOWER CALIFORNIA,

_San Jose, February 20, 1848_.

SIR: I continue my report from the 22d ultimo, from which time my

force consisted of twenty-seven marines and fifteen seamen, of whom

five were on the sick report, besides some twenty volunteers,

Californians, who at least served to swell the numbers. From that

date the enemy were continually in sight of us, intercepting all

communication with the interior, and driving off all the cattle from

the neighborhood. A party of our men who went out to endeavor to

obtain cattle, were driven in and narrowly escaped being cut off. We

succeeded in obtaining a few cows, however, which were very necessary

to us in the reduced state of our provisions, as, in addition to our

garrison, we were obliged, in humanity, to sustain some fifty women

and children of the poor, who sought our protection in the greatest

distress. I found it necessary, as soon as our fresh beef was

consumed, to put all hands on half allowance of salt provisions. We

had no bread. On the 4th of February, the enemy closed around us more,

and commenced firing upon all who showed themselves at our port-holes,

or above the parapets. On the morning of the 6th the enemy appeared to

be a little scattered, a considerable force being seen riding about

some distance from the town, and at the same time a strong party of

them posted at the lower end of the street were keeping up an annoying

fire upon us. I judged this a favorable opportunity to make a sortie

upon them, and taking twenty-five men with me, closed with them and

dislodged them, driving them into the hills without the loss of a man

on our part, and returned to the cuartel. On the morning of the 7th it

was reported to me that the enemy had broken into the houses on the

main street, and there was some property exposed which might be

secured. I took a party of men and went down and brought up a number

of articles belonging to the Californians, who were in the cuartel;

some distant firing took place, but no injury was sustained. On the

same day, hearing there were some stores of rice and tobacco in a

house some three hundred yards down the main street, I determined upon

an effort to obtain them, and sallied out with thirty men: these were

immediately fired upon from several different quarters, and some

fighting ensued, resulting in the death of one of my volunteers--shot

through the heart. We charged down the end of the street, and drove

the enemy to the cover of a cornfield at the outside of the town,

where they were considerably reinforced, and recommenced a hot fire;

but we were enabled to save a part of the articles which we were in

search of, though we found that the enemy had anticipated us in this

object, having forced the building from the rear. On the afternoon of

the following day, Ritchie's schooner, having provisions for us from

La Paz, came in sight and anchored, but a canoe which was enticed

toward the shore by a white flag displayed by the enemy, was fired

upon, and the schooner immediately got under way.

On the 10th the enemy had entire possession of the town: they had

perforated with port-holes all the adjacent houses and walls,

occupying the church, and, hoisting their flag on Galindo's house,

ninety yards distant, held a high and commanding position, which

exposed our back yard and the kitchen to a raking fire, which from

this time forth was almost incessant from all quarters upon us, the

least exposure of person creating a target for fifty simultaneous

shots. The enemy appeared to have some excellent rifles, among other

arms; and some of them proved themselves tolerably sharp shooters,

sending their balls continually through our port-holes. On the 11th

the fire was warm, but on our part it was rarely that we could get a

sight of them. In the afternoon of this day we had to lament the

death of Passed Midshipman McLanahan, attached to the United States

ship Cyane; a ball striking him in the right side of the neck, a

little below the thyroid cartilage, lodged in the left shoulder. He

died in about two hours. He was a young officer of great promise,

energetic, of much forethought for his age, and brave to temerity. All

lamented his untimely fate, and all bear willing testimony to his

worth.

On the morning of the 12th, at daylight, we discovered that the enemy

had thrown up a breastwork upon the sand, about one hundred and fifty

yards to the north-east of the cuartel, and entirely commanding our

watering place. We fired several round shot at it, with little effect.

We succeeded in getting in being in strong force, and kept a close

watch upon us. Their force was over three hundred, speaking within

bounds. I immediately commenced digging a well in the rear of Mott's

house, which is the lowest ground. I found that we had to go through

rock, and judged we should have to dig about twenty feet. I thought it

imprudent to blast, as the enemy, suspecting our intention, would

throw every obstacle in our way. The men worked cheerfully on this and

the succeeding day against all difficulties. Our situation was

becoming now an imminently critical one, having with the greatest

economy but four days' water. On the 14th we continued digging for

water. We found that the enemy had thrown up a second breastwork more

to the westward, giving them a cross-fire upon our watering place:

there was a continual fire kept up upon the cuartel during the day. At

three o'clock, 30 minutes P.M., a sail was reported in sight, which

proved to be the United Ship Cyane. She anchored after sundown. It

was of course a joyful sight to us to see friends so near; but I was

apprehensive that they could render us but little assistance, the

enemy being so vastly superior in numbers. The enemy continued their

firing upon us during the night. On the 15th at day-light, we became

aware that the Cyane was landing men. They soon commenced their

advance, which for a few moments was opposed only by a scattering

fire; then the enemy opened upon them in earnest. They had

concentrated nearly their entire force near San Vincente. We saw the

flash of musketry through all the hills above the village. There was

the odds of three to one against our friends. Steadily they came on,

giving back the enemy's fire as they advanced. There was still a party

of the enemy occupying the town, firing upon us. I took thirty men,

and sallied out upon them, drove them from cover, killed one and

wounded several of them, and marched out to join the Cyane's men, who,

with Captain Dupont at their head, had now drawn quite near to us.

There were small detached parties of the enemy still hovering about

them, and firing at them, but the main body of the enemy had been

broken, and retired to "Las Animas," distant two miles. The march of

the Cyane's men to our relief, through an enemy so vastly their

superior in numbers, well mounted and possessing every advantage in

knowledge of the ground, was certainly an intrepid exploit, as

creditably performed as it was skilfully and boldly planned, and

reflects the greatest honor on all concerned. It resulted most

fortunately for us in our harassed situation. They had but four

wounded; this cannot be termed any thing but the most remarkably good

luck, considering the severe fire that this heroic little band were

exposed to. The loss of the enemy we have not positively ascertained:

we hear of thirteen killed, with certainty, and general report says

thirty-five; wounded not known. Of the total loss of the enemy in

their attack upon the cuartel, I cannot speak with certainty; we have

found several graves, and know of a number wounded, one of whom we

have in the cuartel a prisoner. I suppose their total loss to be not

far from fifteen killed, and many wounded; I am sure it could not be

less than this. Our own total loss was three killed and four slightly

wounded. After the death of Passed Midshipman McLanahan, there

remained but one officer to my assistance, Passed Midshipman George A.

Stevens, to whom, for his coolness and indefatigable zeal at a time

when so much devolved upon him, I am most happy to accord the highest

credit; and at the same time I must honorably mention the conduct of a

volunteer, Eugene Gillespie, Esq., who, although suffering from

illness, never deserted his post, and was with me in the sortie of the

7th. The non-commissioned officers and men went through privation,

unceasing watchfulness, and danger, without a murmur. I cannot express

too highly my satisfaction in their conduct. Captain Dupont

immediately upon his arrival here, becoming aware of our situation as

regards provisions, took measures for our supply. The day after the

battle of San Vincente he despatched a train, which brought us by hand

(the enemy having driven off all the mules and horses) a quantity of

stores and articles of which we stood most in need, among the rest,

bread, and has since been unceasing in his exertions for our relief. I

cannot too earnestly express the obligations which we are under for

the prompt and efficient assistance which Captain Dupont, his

officers, and crew have rendered us.

I am, sir, respectfully, your obedient servant,

CHAS. HEYWOOD,

_Lieutenant U.S. Navy, com'g., San Jose_.

Lieut. Col. HENRY S. BURTON,

_U.S. Army, com'g. troops in Lower California_.

W. T. SHERMAN,

_First Lieutenant 3d Artillery, A.A.A. General_.

H.

UNITED STATES BARRACKS,

_La Paz, California, April 13, 1848_.

SIR: I have the honor to acknowledge the receipt of your letter of

March 1, 1848, and to report the arrival of the army storeship

"Isabella" at this place on the 22d of March, 1848, with Captain

Naglee's company (D) New York volunteers, and one hundred and fourteen

recruits for the detachment of New York volunteers stationed at this

place.

The rescue of the prisoners of war on the 15th ultimo caused great

excitement among the enemy, and tended very much to disorganize their

forces, and the important arrival of the reinforcements to my command

determined me to take the field as soon as possible; accordingly, I

left this place on the morning of the 26th instant with two hundred

and seventeen officers and men; Lieutenant Halleck, United States

engineers, acting chief of staff, and Passed Midshipman Duncan, United

States navy, temporarily attached to the mounted portion of Captain

Naglee's command.

The afternoon of the 27th, a party of fifteen men captured, in San

Antonio, Pineda, the commander of the Mexican forces, with his

secretary, Serrano.

The morning of the 29th, having received information that the enemy

had concentrated their forces in Todos Santos, we pressed on with all

speed, fearing they might evade us, by retreating towards Magdalena

Bay. The morning of the 30th, about ten o'clock, having received

accurate information respecting the enemy, Captain Naglee with

forty-five mounted men was despatched to intercept the road leading

from Todos Santos to Magdalena Bay, and, if practicable, to attack the

enemy in the rear at the same time our main body made its attack in

front.

The road leading from Todos Santos to La Paz, for some distance before

reaching the first named place, passes through a dense growth of

chaparral, (very favorable for an ambush), and in this the enemy made

their arrangements to receive us. We left the road about five miles

from Todos Santos and marched along a ridge of high land on the north

side of the river, having full view of the enemy's operations.

They then took possession of a commanding hill directly in our route,

between three and four miles from Todos Santos, with their Indians in

front. Companies A and B, under the direction of Lieutenant Halleck,

were deployed as skirmishers in such a manner as to expose the enemy

to a cross-fire. The enemy opened their fire at long distance, but our

force advanced steadily, reserving their fire until within good musket

range, when it was delivered with great effect, and the enemy

retreated very rapidly, after a short but sharp engagement. At this

time, Captain Naglee being near Todos Santos, and hearing the firing,

attacked the enemy in rear, and after a severe action completed their

dispersion. Our men and horses being too much fatigued by their long

march to pursue the scattered enemy, we marched on to Todos Santos.

The loss of the enemy in this engagement cannot be ascertained with

any accuracy; we know of ten killed and eight wounded. Our loss was

nothing; one man and the horse of Acting Lieutenant Scott were

slightly wounded, the enemy, as usual, firing too high.

Our officers and men fully sustained the character they won on the

16th and 27th of November last.

My warmest thanks are due to Lieutenant Halleck, for his assistance as

chief of staff, and I present him particularly to the notice of the

colonel commanding, for the able manner in which he led on the attack

on the 30th ultimo.

Captain Naglee also deserves particular notice for the energetic and

successful manner in which he fulfilled his instructions.

On the 31st ultimo, Captain Naglee, with fifty mounted men of his

company, was ordered to pursue the enemy in the direction of Magdalena

Bay. He returned to La Paz on the 12th instant, having pursued the

enemy very closely, capturing five prisoners and some arms.

Lieutenant Halleck started for San José with a party of mounted men,

consisting of one officer and twenty-five non-commissioned officers

and privates, on the 5th instant, for the purpose of communicating

with Captain Dupont, commanding United States sloop-of-war Cyane. He

returned here on the 11th instant, having captured ten prisoners on

his march, and taken a number of arms.

From him I learn that the naval force at San José have thirty odd

prisoners, and among others "Mauricio Castro," the self-styled

political chief of Lower California. Lieutenant Selden, with a party

from the Cyane, made a most opportune march on Santiago, where he

captured a number of the enemy who had fled from the field of Todos

Santos. Castro, who commanded the enemy's forces in the action of the

30th, was arrested near Maria Flores by the civil authorities and

delivered up to Lieutenant Selden.

During the stay of our main body at Todos Santos fourteen prisoners

were captured; among them two sons of the reverend padre Gabriel

Gonzales, officers of the Mexican forces.

We left Todos Santos on the 5th instant, and arrived at this place on

the 7th. The result of this short campaign has been the complete

defeat and dispersion of the enemy's forces.

We have captured their chief and six officers, and one hundred and

three non-commissioned officers and privates; and others are daily

presenting themselves to the civil authorities in different parts of

the country.

The captured arms have been given to those rancheros known to be

friendly to the interests of the United States, for their protection.

I am, sir, with much respect, your obedient servant,

HENRY S. BURTON,

_Lieutenant Colonel New York Volunteers_.

Lieutenant W. T. SHERMAN,

_Act. Ass. Adjt. Gen. Tenth Mil. Dep._

W. T. SHERMAN,

_First Lieut. 3d Artillery A.A.A. General_.

APPENDIX I.

The following despatch from Governor Mason, gives an account of the

state of affairs in Upper California, in October, 1847:

HEADQUARTERS TENTH MILITARY DEPARTMENT,

_Monterey, California, October 7, 1847_.

SIR: I returned from San Francisco yesterday, and found here Mr.

Toler, with despatches from Washington, the receipt of which I have

the honor to acknowledge. I am also informed by Commodore Shubrick

that the sloop-of-war Preble is ready to sail for Panama, with Passed

Midshipman Wilson as bearer of despatches for the United States. I

therefore avail myself of the opportunity to send you my letter of the

18th of September, with its several packages, and now have to

communicate the result of my visit to San Francisco.

I found the town flourishing and prosperous, with a busy, industrious

population of Americans, and refer you to the copies of my military

correspondence for the steps adopted to give them a good town

government. The Bay of San Francisco, you are well aware, is a

spacious, elegant harbor, susceptible of the most perfect defence; but

as yet nothing has been done towards fortifying it, or even placing

any of the heavy guns in position at the old fort. It is found almost

impossible to get much work out of the volunteers; and all that I can

now expect of the two companies of Major Hardie's command will be to

improve their quarters at the old presidio. This they are at present

engaged upon, using lumber made at the horse saw-mill, under direction

of the assistant quartermaster, Captain Folsom. All this labor is

done by the volunteers, so that the improvements will be made at very

little expense to the government. The price of lumber at San Francisco

is $50 per M.; but Captain Folsom says that he has it sawed and

delivered, by the labor of the volunteers and his own machinery, at

about $16. The mill is placed in the timber known as the Red Woods,

near the mission of San Rafael, on the west and north sides of the

bay, where any amount can be had. If the government design to erect

permanent structures to any extent in this country, it would be

advisable to send out a steam engine, with all the necessary frames

and iron-work to adapt it to immediate use in connexion with the saw

and grist mills now in possession of the quartermaster's department

here. The site at present selected by Captain Folsom is well adapted,

as easy water communication is had with the San Joaquin and Sacramento

Rivers as well as the parts of the country south of San Francisco.

At San Francisco I found all the powder, arms, accoutrements, and

perishable ordnance property well stored in a building prepared for

the purpose at the presidio barracks; but the guns, mortars,

carriages, shot, and shells are in the town in the open air, protected

by paint alone. The great difficulty of hauling such articles over the

rugged hills between the town and presidio will prevent their being

hauled to the latter place this season.

I did design to continue my tour of inspection to Sonoma and the

Sacramento River, but was recalled by hearing of the arrival of the

bearer of despatches at Monterey.

When on my way up to San Francisco, I was overtaken by Captain Brown,

of the Mormon battalion, who had arrived from Fort Hall, where he had

left his detachment of the battalion, to come to California to report

to me in person. He brought a muster-roll of his detachment, with a

power of attorney from all its members to draw their pay; and as the

battalion itself had been discharged on the 16th of July, Paymaster

Rich paid to Captain Brown the money due the detachment up to that

date, according to the rank they bore upon the muster-rolls upon which

the battalion had been mustered out of service. Captain Brown started

immediately for Fort Hall, at which place and in the valley of Bear

River he said the whole Mormon emigration intended to pass the winter.

He reported that he had met Captain Hunt, late of the Mormon

battalion, who was on his way to meet the emigrants and bring into the

country this winter, if possible, a battalion according to the terms

offered in my letter to him of the 16th of August, a copy of which you

will find among the military correspondence of the department.

In my letter I offered Captain Hunt the command of the battalion with

the rank of lieutenant-colonel, with an adjutant; but I find, by the

orders lately received, that a battalion of four companies is only

entitled to a major and acting adjutant. I will notify Captain Hunt of

this change at as early a moment as I can communicate with him. I am

pleased to find by the despatches that in this matter I have

anticipated the wish of the department.

Last season there was a great scarcity of provisions on the coast of

California; but when the stores are received that are now on their

way, there will be an ample supply for the coming winter. The crops in

this country have been very fine this season, and at present wheat is

plenty and cheap at San Francisco. Beef is also plenty. Beans can be

purchased at the southern ports, and sugar imported from the Sandwich

Islands; but for all other subsistence stores we are dependent upon

the South American ports or those of the United States. I have

directed Captain Marcy, acting commissary of subsistence at this post,

to supply the chief of his department with the market price of all

kinds of provisions, with such other facts as may enable his

department to act with the proper economy. The want of good clothing

for the regulars and volunteers is already felt in California; and

unless a supply has already been despatched, many of the garrisons

will be without shoes and proper clothing this winter. The price of

such articles here is so exorbitant as to place them beyond the reach

of the soldiers. The volunteer clothing brought by Sutler Haight has

already been disposed of to citizens and soldiers, and there are no

means of his renewing the supply except by sending to the United

States. Justice to the soldier demands that he either be comfortably

clad by the government, or that it should be within his power to

clothe himself on the allowance provided for that purpose by law.

I respectfully recommend, if it has not already been done, that a

large supply of infantry undress winter clothing be sent immediately

to this country, to be distributed, so as to enable each volunteer to

purchase for his own immediate use at cost prices. No summer clothing

is needed, as the climate is too severe, summer and winter. Such

articles as good blankets, cloth overcoats, caps, jackets, overalls,

stockings, and shoes with stout shirts and drawers, are the only ones

that will ever be needed here.

General orders No. 10, of 1847, promotes Lieutenant Loeser, third

artillery, and orders him to join his company. I regret that at this

moment his services cannot be spared, and I am compelled to retain him

on duty with company F, third artillery, because the absence of

Captain Tompkins, the death of Lieutenant Minor, and Lieutenant

Sherman being detached as acting assistant adjutant general, has

reduced the number of officers of that company to but two--Lieutenants

Ord and Loeser. I trust that the two companies of regulars in this

country will be kept with a full supply of officers, that an officer,

upon being promoted, may be enabled to join the army in the field, and

participate in the active operations to which he looks for distinction

and experience.

Captain H. M. Naglee, seventh New York volunteers, with a strong

detachment of his company, is now absent in pursuit of Indians in the

valley of the San Joaquin. He has with him Lieutenant Burton's company

of California volunteers, which is expected to return to Monterey

before the end of this month; in which case I shall cause it to be

mustered out of service, and discharged on the 31st day of October.

Again I have to report the death, by sickness, of an officer of my

command--Lieutenant C. C. Anderson, seventh New York volunteers, who

contracted a fever when on duty at Fort Sacramento, and died in

consequence at San Francisco on the 13th of September. He was buried

with military honors by the troops at San Francisco, under direction

of Major Hardie. This death reduces the number of officers in Captain

Brackett's company, seventh regiment New York volunteers, to one

captain and one second lieutenant.

Commodore Shubrick will sail for the west coast of Mexico from this

harbor next week; and having made application to me, I have directed

Lieutenant Halleck, of the engineer corps, to accompany him, and shall

give Lieutenant Colonel Burton, in command at La Paz, Lower

California, authority to accompany Commodore Shubrick, should the

latter design an attack upon any point or points of the west coast of

Mexico, with orders, of course, to resume his position at La Paz as

soon as the object is accomplished for which his command is desired.

NOTE.--Colonel Burton will be directed to leave a sufficient number of

men at La Paz to keep the flag flying.

It affords me much pleasure to assure the department that the most

perfect harmony subsists between the members of the naval and land

forces on this coast, and that the most friendly intercourse is kept

up between the officers. I have had frequent occasion myself to ask

assistance of Commodores Biddle and Shubrick, and my requests have

been granted with promptness and politeness; and in return I have

afforded them all the assistance in my power. Our consultations have

been frequent and perfectly harmonious, resulting, I hope, in the

advancement of the common cause of our country.

I have the honor to be, your most obedient servant,

R. B. MASON,

_Colonel 1st Dragoons, Commanding_.

To General R. Jones,

_Adjutant-General, Washington, D.C._

APPENDIX J.

We have already given the substance of Governor Mason's despatch to

the government, giving an account of the gold discovery and a visit to

the _placers_. There is, therefore, no necessity for inserting that

official document. The appearance in Upper California, in July 1848,

of Don Pio Pico, the former governor of the territory, gave rise to

serious apprehensions of another insurrection. The despatch of Col.

Stephenson, the commander of the garrison at Los Angeles, to Colonel

Mason, contains an account of the matter, together with a description

of the ex-governor.

HEADQUARTERS SOUTHERN MILITARY DISTRICT,

_Los Angeles, California, July 20, 1848_.

SIR: By the last mail I informed you of the arrival of Don Pio Pico in

this district. I subsequently learned that he had passed through San

Diego without presenting himself to Captain Shannon, or in any manner

reporting his arrival. Immediately after his arrival, rumors reached

me of conversations had by him with his countrymen, in which he stated

that he had returned with full powers to resume his gubernatorial

functions, and that he had only to exhibit his credentials to you to

have the civil government turned over to him. I found the people

becoming very much excited, and some rather disposed to be imprudent.

I sent for Jose Ant. Carrillo and some others in the town, who were

giving currency to these reports, and informed them that I should hold

them responsible for any imprudent or indiscreet act of their

countrymen, and that, at the first appearance of any disrespect to the

American authorities, I should arrest and confine them in the

guard-house. This had the effect to check all excitement here; but as

Don Pio removed up the country, the same excitement began to spread

among the rancheros. In the mean time, his brother Andreas informed me

that he, Don Pio, would come in and report to me in person in a few

days, as soon as he had recovered from the fatigue of his journey. On

Saturday, the 15th instant, he reached the ranch of an Englishman

named Workman, some eighteen miles from here. This man has ever been

hostile to the American cause and interest, and is just the man to

advise Pico not to come in and report to me.

On Sunday and Monday I was advised that many Californians had visited

Pico at Workman's, and that the same story had been told them of his

having returned to resume his gubernatorial functions, &c., and also

that he should not report to me, but go direct to San Fernando, from

whence he would communicate with you. The moment I became satisfied

that he intended to adopt this course, I issued an order (copy

inclosed) requiring him to report to me immediately in person. I sent

my adjutant with a detachment of men to the ranch of Workman to

deliver to Don Pio in person a copy of this order, with instructions

to bring him in by force, in case he refused or even hesitated to

obey. The adjutant returned here at twelve o'clock on Monday with

information that the Don had left for San Fernando. I immediately

despatched Lieutenant Davidson with a detachment of dragoons and a

copy of the order, with instructions similar to those given Adjutant

Bonnycastle. About five o'clock on Tuesday morning I received a visit

from a gentleman named Reed, living at the mission of San Gabriel, who

informed me that Don Pio Pico had arrived at his house quite late in

the evening of Monday, on his way to San Fernando. Reed inquired if he

did not intend reporting to me in person; he answered in the negative;

when Reed assured him, if he attempted to pass my post without

reporting, I would cause him to be arrested, and that he was aware of

my being displeased at his passing through San Diego without reporting

to the commandant of that post. Don Pio Pico, upon receiving this

information, became alarmed, and requested Reed to come in and see me,

to say he intended no disrespect, and would come and report at any

hour I would name. Reed is a highly respectable man, and has ever been

friendly to the American cause; and I gave him a copy of the order I

had issued in regard to Don Pio, requesting him to deliver it, and say

to Don Pio, he could come in at any hour he chose, within twenty-four

hours. Accordingly about eight P.M., the same evening, the ex-governor

came in. He was unaccompanied even by a servant, evidently desiring it

should not be known he was in town. I received him kindly, told him I

had no desire to treat him harshly, but that the American authorities

must be respected, and if he had not come in I should certainly have

arrested him. He informed me that he left Guaynas on the 22d of May,

crossed to Mulige, which he left for California on June third, and

arrived at San Diego, July sixth. He says that when he left Guaynas

nothing had been heard of the action of the Mexican Congress upon the

treaty, but it was generally supposed it would be ratified. He says

the Mexican government did not answer any of his communications; and

the moment he saw the armistice published in a newspaper, he

determined to return home, as he supposed he could return with

credit, under the stipulations of the armistice. He brings with him no

other authority for his return, and says he desires to live peaceably,

and attend to his private affairs. He denies ever having said that he

came back with powers to resume his gubernatorial functions, and that

he rebuked such of his friends as he had seen for their last attempt

at a revolution, and advises that they remain quiet and obey the laws,

as no part of the people of the conquered Mexican territory have been

treated as kindly as the Californians have been by the American

authorities. He thanked me for my personal kindness to his family and

countrymen in general, and said if I would permit him he would go to

San Fernando, from whence he would answer that part of my order which

required a written communication from him. I gave him permission to

leave, and offered him an escort, which he thanked me for, but

declined. Don Pio Pico is about five feet seven inches high,

corpulent, very dark, with strongly-marked African features; he is, no

doubt, an amiable, kind hearted man, who has ever been the tool of

knaves; he does not appear to possess more intelligence than the

rancheros generally do; he can sign his name, but I am informed he

cannot write a connected letter; hence, as he informed me, he would be

compelled to send for his former secretary before he could answer my

order or communicate with you, which he advised me he intended doing.

I have promised to take charge of and forward any communication he may

choose to make you. He left town on Wednesday morning very early, as

obscurely as he had entered it; and those who advised him to assume

the bombastic tone he did upon his first arrival, have done him

irreparable injury for he is now ridiculed by many who before

entertained a high respect for him.

I have the honor to be, very respectfully, your obedient servant,

J. D. STEVENSON,

_Colonel 1st New York Regiment, commanding

S. M. District_.

Colonel R. B. Mason,

_1st U. Dragoons, Governor of California_.

P. S.--Since writing the above, I have received the inclosed note from

Don Pio Pico, inclosing a communication to your excellency. In the

note of Don Pio to me, you will perceive that he is no sooner arrived

at San Fernando than he claims to have returned to California as its

Mexican governor, to carry out the provisions of the armistice. I

shall not answer his note until I have heard from you; but I shall

keep an eye on him, and if I find he is preaching sedition, I will

bring him in here at short notice.

J. D. STEVENSON,

_Colonel, commanding_.

W. T. SHERMAN,

_First Lieutenant 3d Artillery, A.A.A. General_.

APPENDIX K.

On the 13th of April, 1849, Colonel Mason at his own request, was

relieved from the post of Governor of California, and Brigadier

General Riley took his place. The despatch of that officer, dated 30th

of June, following his assuming the duties of his post, is important,

as containing an account of the state of feeling in California, upon

the subject of the laws at that time in force, and the difficulties

with various assemblies elected in the northern part of the

territories.

EXECUTIVE DEPARTMENT OF CALIFORNIA,

_Monterey, June 30, 1849_.

GENERAL: I have the honor to transmit herewith copies of all civil

correspondence and papers since the 13th of April last, at which time

I relieved Colonel Mason from his duties as Governor of California.

It was (with the advice of Colonel Mason) my intention, on assuming

the direction of civil affairs in this country, to complete the

organization of the existing government; at the same time to call a

convention for forming a State Constitution, or plan of territorial

government, to be submitted to Congress for its approval. But on

further consultation it was deemed best to postpone all action on this

subject, until I could ascertain what had been done in Congress. On

the first instant I received reliable information by the steamer

"Edith" that that body had adjourned without organizing any

territorial government for this country; and accordingly, on the 3d

instant I issued my proclamation to the people of California, defining

what was understood to be the legal position of affairs here, and

pointing out the course it was deemed advisable to pursue in order to

procure a new political organization better adapted to the character

and present condition of the country. The course indicated in my

proclamation will be adopted by the people, almost unanimously, and

there is now little or no doubt that the convention will meet on the

first of September next and form a State Constitution, to be submitted

to Congress in the early part of the coming session.

A few prefer a territorial organization, but I think a majority will

be in favor of a State government, so as to avoid all further

difficulties respecting the question of slavery. This question will

probably be submitted, together with the Constitution, to a direct

vote of the people, in order that the wishes of the people of

California may be clearly and fully expressed. Of course, the

Constitution or plan of territorial government formed by this

convention can have no legal force till approved by Congress.

On the receipt of the treaty of peace with Mexico, doubt was

entertained by a portion of the people here respecting what

constituted the legal government and laws of the country. A few

contended that all government and all laws in California were at an

end, and that therefore the people, in their sovereign capacity, might

make such government and laws as they should deem proper. Accordingly,

in two of the northern districts, local legislative assemblies were

organized, and laws enacted for the government of the people of these

districts. The members of the Sonoma assembly, however, soon became

convinced of their error, and that body was dissolved. But in San

Francisco the assembly continued its sessions, making laws, creating

and filling offices, imposing and collecting taxes, without the

authority and in violation of law, and finally went so far as to

abolish the office of alcalde, whose records and papers were seized

and forcibly removed from his custody. On receiving official

information of these facts, I issued my proclamation of the 4th

instant. Since then I have made a personal visit to San Francisco, and

find that the more respectable members of the so-called district

assembly are convinced of the impropriety of the course pursued by

that body, and in a very short time I think all the difficulties will

be amicably arranged. These difficulties arose in part from a

misapprehension as to what constituted the legal government of the

country, and in part from the unpopularity of the first alcalde of

that district, against whom serious charges had been made.

Unfortunately, there was at the time no legal tribunal for

investigating these charges; and, there being no other magistrate in

that district, I could not, with propriety, remove him from office. A

new election, however, will soon be held to supply his place; and on

the organization of the "superior court," the charges against him can

be properly investigated.

The publication of a portion of the instructions received from

Washington respecting the government of this country, and the

disposition manifested by the authorities here to enforce the existing

laws, have done much to remove the erroneous opinions which were for a

time entertained by a portion of the people of California. The civil

government of this country has been, and will continue to be,

administered on the principle laid down by the Supreme Court of the

United States, viz: on the transfer of the ceded territory, it has

never been held that the relations of the inhabitants with each other

undergo any change. Their relations with their former sovereign are

dissolved, and new relations are created between them and the

government which has acquired their territory. The mere act which

transfers their country transfers the allegiance of those who remain

in it; and the law which may be denominated political is necessarily

changed, although that which regulates the intercourse and general

conduct of individuals remains in force until altered by the

newly-created power of the State.

The treaty is the law of the land, and admits the inhabitants of

[California] to the enjoyment of the privileges, rights, and

immunities of citizens of the United States. It is unnecessary to

inquire whether this is not their condition, independent of

stipulation. They do not, however, participate in political power;

they do not share in the government till [California] shall become a

State. In the mean time, [California] continues to be a territory of

the United States, governed by virtue of that clause of the

constitution which empowers Congress to make all needful rules and

regulations respecting the territory and other property belonging to

the United States.

When we take into consideration the great mass of floating population

of the United States and of other countries--people of all nations,

kindreds and tongues--which has been suddenly thrown into this

country, it must be acknowledged that every thing has, thus far,

remained remarkably quiet, and that the amount of crime has been much

less than might, under the circumstances, have reasonably been

expected. It is to be feared, however, that during the coming winter,

when large numbers of the miners collect in the towns, public order

may be occasionally disturbed. But it is believed that in the mean

time a more complete organization of the existing government will be

effected, so as to enable the authorities to enforce the laws with

greater regularity and efficiency.

Rumors have reached me that there is no very amicable feeling existing

between the Americans and foreigners in the gold regions, and that the

former are disposed to forcibly expel the latter from the placer

districts. I shall soon visit the valleys of the Sacramento and San

Joaquin, and hope to be able to report upon the true state of affairs

there by the August steamer. As Congress has declined passing any laws

restricting the working of the placers, I shall not deem myself

authorized to interfere in this matter, any further than may be

necessary to preserve the public tranquillity. Indeed there is much

reason to believe that Congress has pursued the best policy, under the

circumstances, in leaving the placers open to all; for it would be

exceedingly difficult to enforce any regulations not absolutely

required by the necessity of the case, and it is more than probable

that any attempt at this time to rent out the mineral lands, or to tax

their products, would involve a great expense, and it is quite

possible that such an attempt would lead to very serious difficulties.

Of the large numbers who have been attracted to this country by the

flattering prospect of sudden wealth, and with the intention of

returning to their former homes to enjoy their gains, many foreigners

as well as Americans are becoming established in business, and will

make California their permanent place of residence. It is therefore

well worthy of serious consideration whether the present system may

not prove equally beneficial with that of a more exclusive policy. It

certainly conduces much towards developing the resources of the

country, extending its commerce, and rapidly augmenting its wealth and

population. As soon as I have made a personal examination of the gold

regions, I shall be prepared to express my views on this subject; but

I cannot omit the present occasion to urge upon the government the

importance of establishing a mint in California, with the least

possible delay.

Information, not official, has been received, that the revenue laws of

the United States have been extended over this country, and that a

collector and deputies may soon be expected to take charge of the

collection of revenue in this district. On their arrival, all

custom-houses and custom-house property will be turned over to them,

and the temporary collectors employed by my predecessor and by myself

will be discharged. The moneys collected during and since the war,

under the direction of the governor of California, and not required

for defraying the expenses of the civil government, will be kept as a

separate and distinct fund, subject to the disposition of Congress.

The grounds upon which this revenue has been collected since the

declaration of peace, are fully stated in a letter to the collector of

San Francisco, dated the 24th of February last. It may be proper to

add, that the course pursued by my predecessor was rendered absolutely

necessary by the peculiar circumstances of the case. The wants of the

country rendered it imperative upon him to permit the landing of

foreign goods in this territory; and had this been done without the

collection of duties, large amounts of dutiable goods would have been

placed in depot on this coast, to the manifest injury of the revenue

and prejudice to our own merchants. The importers have sold their

goods at such prices as to cover the duties paid, and still leave them

enormous profits; and to now return these duties to the importers

would be a virtual gift, without in any way benefitting the people of

California. But, to expend this money in objects of public utility in

the country, would confer a lasting benefit upon all. I would

therefore recommend that such portions of these moneys as may be left,

after defraying the expenses of the existing civil government, be

given to California as a "school fund," to be exclusively devoted to

purposes of education. No difficulty has been experienced in enforcing

the tariff of 1846, and the revenue has been collected at a very

moderate expense, considering the peculiar circumstances of the times.

All officers of the civil government of California will be paid out of

the "civil fund" arising from the customs, the salaries fixed by law,

and I would recommend that those officers of the army and navy who

have been employed as collectors and receivers of customs in

California, both during and since the war, be allowed a fair per

centage on the money which they have collected and disbursed. Two and

a half per cent. on the amount collected, with the restriction

contained in section 2 of the Act of March 3, 1849, is deemed a fair

allowance for collecting these customs, and two and a half per cent.

on the amount actually expended is deemed ample compensation for

keeping and accounting for the same. It would be more just and proper

to make the allowance for the _actual expenditures_ than for receiving

and keeping these moneys; because, if the reversed rule were

established, officers who have received large sums, and within a few

days transferred them to others, with no other trouble than merely

passing receipts, would be entitled to a higher pay than those who

have had all the trouble of expending this money in small sums, and in

keeping and rendering accounts of these expenditures.

[Illustration]

As soon as these "civil funds" can be collected from the officers now

holding them, it is proposed to place them in the hands of some

officer, or other responsible person, who will act as treasurer for

the civil government, with a fixed compensation for his services.

On the arrival of the regular collector and deputies, appointed

according to law, a full statement will be made of all the moneys

which have been collected in California, and the papers and accounts

connected with the expenditure of this civil fund will be sent to

Washington, as heretofore, in order that all officers who shall

receive or expend the same may be held to a strict accountability.

I am, sir, very respectfully, your obedient servant,

B. RILEY,

_Brevet Brig. Gen. U.S.A., and Governor of California_.

Major-General R. JONES,

_Adjutant General of the Army, Washington, D.C._

APPENDIX L.

Governor Riley took occasion to make an excursion through the gold

regions, soon after his affairs with the assemblies were disposed of.

A reconnoisance of the valleys of the Sacramento and San Joaquin was

made, and particular care given to the matter of establishing military

posts for defending the miners and others from the attacks of the

Indians. After his return to Monterey, the following despatch was sent

to the headquarters of the United States army. The subject of the

Indian troubles receives especial consideration.

HEADQUARTERS TENTH MILITARY DEPARTMENT,

_Monterey, California, August 30, 1849_.

COLONEL: I found, on my return to this place from a reconnoissance of

a portion of the valleys of San Joaquin and Sacramento Rivers, general

orders No. 1 from the headquarters of the army; and, as I cannot have

copied in season for transmission by the steamer of the 1st proximo

the military correspondence at these headquarters, I respectfully

submit, for the information of the commander-in-chief, a brief summary

of reports heretofore made in relation to military affairs in this

department.

My attention was directed, on my arrival in this country, to the

unparalleled excitement in relation to the mineral regions; the

imminent danger that our troops, as they arrived, would desert to the

"_placers_," and, instead of giving protection to the parties, and aid

in the preservation of order and tranquillity, would themselves become

the very worst element of disorder; the great extent of Indian

frontier to be guarded, and the difficulties then apprehended from the

unsettled state of affairs in the mining districts. An attentive

consideration of these subjects impressed me with the opinion that the

policy most likely to prove advantageous to the service, would be the

concentration of all the troops serving in this department, except the

necessary guards for the depots at one or more points in the immediate

vicinity of the gold regions, from whence a portion of them might be

permitted to visit the placers for the purpose of working them for

their own benefit--the remainder to be held embodied in a proper state

of discipline, in readiness for any emergency that might occur. After

the expiration of the furlough of the first class, a second class to

be furloughed, and so in succession with the remainder; the troops

stationed at points so distant from the mines, that they could not be

furloughed, to be relieved by exchange with commands that have been

more favorably situated. The practice of granting furloughs, adopted

at some of the posts in this country, with the sanction of the former

department commander, had succeeded well, and the information received

about the time of my arrival from the southern part of this department

confirmed me in the opinion previously entertained, that the mania for

gold-hunting would exist, in its most exaggerated form, at points most

remote from the _placers_. I accordingly, immediately after relieving

Colonel Mason in the command of the department, recommended the

adoption of the policy above indicated. It is a matter of regret, that

the emergencies of the service have been such that it could not be

carried out to the extent recommended; for the experience of the past

four months has convinced me that it is the only course that can be

adopted, with reasonable hope of success, until the state of affairs

in this country is materially changed. In addition to the mere

question of expediency, Indian difficulties that were then occurring,

and the threatening danger of a proximate collision between the

different classes at work in the gold region, made it highly important

that a strong military force should be established in the immediate

vicinity of the mining region.

For the disposition of the troops in the department, and the measures

taken to prevent desertions, &c., I respectfully refer to department

order and special orders forwarded to you by this mail. These furnish

you with a history of the operations in the department since my

assumption of the command. The present disposition of the troops is

the same as indicated in orders No. 16, except that company A, 2d

infantry, re-inforced by details from other companies--in all, four

officers and eighty men--has been detached, under instructions from

the commander of the division, as an escort for Captain Warner,

topographical engineers, and company E, 1st dragoons, when _en route_

for the station, was diverted from that route, for the purpose of

securing the perpetrators of some murders committed by Indians on or

near Los Reyes River.

The difficulties apprehended from a collision between the different

classes of the mining population have not yet occurred in the form

which it was feared they would assume, and at present I do not

apprehend any serious difficulty from that source. Some serious Indian

disturbances have occurred on the American fork of the Sacramento, and

a few isolated murders have occurred at other points; but at the date

of the last report from the frontier, every thing was quiet. The

Indians of the Sierra Nevada, although in a great number, are of a

degraded class, and are divided into so many different tribes, or

rancherias, speaking different languages, that any combination on

their part is scarcely to be apprehended. Their depredations

heretofore have been confined generally to horse-stealing, and only

occasionally have murders been committed by them. These, however, have

been made the pretence, by the whites in their neighborhood, for the

commission of outrages of the most aggravated character--in one or two

cases involving in an indiscriminate massacre the wild Indians of the

Sierra and the tame Indians of the ranchos. The commanders of

detachments serving on the Indian frontiers are instructed to prevent

any authorized interference with the Indians by the whites, and to

support the Indian agents of their districts in the exercise of their

appropriate duties. From the character of the mining population, and

the nature of their occupations, unless a strong military force be

maintained on that frontier, it will be impossible to prevent the

commission of outrages upon the Indians; and they, in turn, will be

avenged by murders committed upon isolated parties of whites.

Unfortunately, the eagerness with which gold is sought after by

detached parties of miners, gives many opportunities for the

commission of such outrages. To seek after and apprehend the

perpetrators in cases of this kind, a mounted force is absolutely

necessary; and, although great difficulty will be experienced in

obtaining forage and replacing horses that may be disabled, its

services are so indispensably necessary, that I greatly regret my

inability to supply more than one company on the Indian frontier until

after the company now on duty with the commissioner of the boundary

survey is relieved.

I have heretofore called the attention of the War Department and the

division commander to the insufficiency of the force assigned to this

department by general order No. 49 of 1848. As it may not be possible,

with the present military establishment, to order any additional force

to this country without the action of Congress, I respectfully invite

the attention of the commanding general to the views heretofore

expressed on this subject. A topographical sketch of a portion of this

department is herewith inclosed, upon which I have indicated the

positions or neighborhoods in which I deem it important that troops

should be established. The amount and character of the force required

in my report to division headquarters, of June 11, is also inclosed.

The embarrassments under which the service has labored will be so

readily appreciated at home, that it is unnecessary to refer to them

here except to say that, great as these embarrassments have been,

they have been greatly increased by the want of line and staff

officers.

[Illustration: GOING TO A FANDANGO.]

In consequence of the extraordinary prices of labor, and the

consequent enormous expenditures in this country, young officers of

the line should not be, in justice to the service and themselves, as

they have unnecessarily been, encumbered, in addition to their company

duties, with money and property responsibilities to a very great

amount. Experienced officers of the quartermaster's department are

required at San Francisco, San Diego, and with the commands on the

upper Sacramento and San Joaquin Rivers. I have now but one officer,

Captain Kane, of that department, under my control; and he is

necessarily detained at department headquarters in the preparation of

my estimates for the services of the ensuing year. Quarters must soon

be erected at several of the posts in this department; and I cannot

spare line officers for this duty, without destroying their efficiency

with their companies, even were it proper to do so. There are no

topographical engineers on duty in this department, and, in

consequence of the want, I have been able to perform very little of

the duty devolved upon me by the 111th paragraph general orders No.

49, of 1848. A reconnoissance of a portion of the valleys of the

Sacramento and San Joaquin Rivers, undertaken for the purpose of

determining the position to be occupied, as recommended in my report

to division headquarters of April 16, to the War Department of the

25th of the same month, has strengthened my opinion of the importance

of giving the country a most thorough examination before any military

posts are permanently located in the interior. The whole district of

country lying between the coast range and the Sierra Nevada is

exceedingly sickly at certain seasons of the year. The common timber

of the country (oak) is not fit for building purposes; and I was

greatly disappointed in finding that south of the Sacramento River,

pine fit for lumber exists only on the spur of the mountains in small

quantities, and in places difficult of access. Stone, as a building

material is scarce; and at several of the points where it may be

desirable to establish military posts, grain for forage is out of the

question, and grass can only be found in exceedingly limited

quantities. I expressed a hope in my despatches to the War Department

of June 30, that I would be able to make an examination of the country

along the western slope of the Sierra Nevada, from the source of the

San Joaquin to the southern boundary of California; but the season is

now so far advanced that I fear I shall not be able to accomplish more

than the determination of a position to be occupied in the

neighborhood of Los Reyes River. It is of great importance that this

point should be determined as soon as possible; for the new

discoveries of gold constantly being made in that direction, are

attracting thither a large portion of the mining population. The

rapidly increasing population of the northern _placers_ is gradually

forcing the Indians to the south, and congregating them on the waters

of the Lake Buena Vista, (Tula.) This position should be occupied, if

possible, before the miners have become established in Los Reyes and

the neighboring rivers; and the necessary examinations and

arrangements will be made as soon as it is possible to do so.

Since my application (April 25) for officers of the quartermaster's

department was made, two officers of that corps, Majors Allen and

Fitzgerald, whom I had supposed would be available for duty in this

department, have been permanently separated from it; and the number

then applied for should be increased by two.

Two of the medical officers in this department are now prostrated by

disease; and as their places cannot be supplied here, there should be

at least three in this department, in addition to those actually

required for duty at the different posts in the department, to meet

emergencies of this kind.

The ordnance depots at Monterey and San Francisco are under the charge

of military store-keepers. It is important, for the preservation of

this property in a serviceable condition, that they should be under

the supervision of an experienced ordnance officer.

With the exception of the assistant quartermaster above referred to,

the officers above enumerated have heretofore been applied for; but as

none have been reported to me, I will state in detail what officers

are absolutely required with this command:

_Four_ officers of the quartermaster's department in addition to

Captain Kane now on duty here:

_Two_ topographical engineers:

_Three_ additional medical officers:

_One_ officer of the ordnance department:

_One_ officer of the subsistence department.

The irregular communication with some of the interior posts, creates a

good deal of embarrassment by delaying the department returns. In

consequence of this I am unable to furnish a later return than for

June. The transport Mary and Adeline, with companies A and F, 2d

infantry, reached San Francisco on the 8th ultimo. The detachment of

dragoons, on their march to the department with the collector of this

district and the Arkansas emigrants, have not yet arrived. During the

months of July and August, so far as reports have been received, there

were but few desertions, except from the company detailed for the

escort of Captain Warner, topographical engineers; thirty-four men,

more than half the whole number reported, have deserted from this

company. The entire force in the department at this time does not

probably exceed six hundred and fifty, (aggregate;) and consequently

more than four hundred recruits are now required to fill up these

companies to the standard authorized for this department.

A detailed report of my reconnoissance in the valleys of the San

Joaquin and Sacramento will be forwarded by the next steamer. I have

delayed it in order to embody in it information in regard to the

country in the neighborhood of the Tula, which I am in the daily

expectation of receiving.

The want of company officers is very much felt; and I request that

authority may be given me to break up the companies whose captains are

permanently absent, transferring the officers to other companies, as

their services may be needed.

I have the honor to be, very respectfully, colonel, your obedient

servant,

B. RILEY,

_Brevet Brigadier-General U.S. Army, commanding_.

Lieut. Col. W. G. FREEMAN,

_Assistant Adjutant General U.S. Army_,

_Headquarters of the Army, New York_.

APPENDIX M.

In the early part of 1848, Lieut. H. W. Halleck, of the Engineers, was

ordered to make a reconnoisance of the coast of Lower California, with

reference to the location of works of military defence. In his report

to Colonel Mason, after giving a general description of the coast and

harbors, and proposing a system of military defence, he submits some

remarks upon the commercial and military importance of the peninsula.

The whole report is interesting, and furnishes the most correct

information upon the subject of the reconnoisance. It will form an

interesting conclusion to a work which has been principally devoted to

a description and history of Upper California.

LA PAZ, _April 12, 1848_.

SIR: In compliance with the instructions of the commanding general of

the department to make a "reconnoisance of the coast of California,

with reference to the location of works of military defence," I

reported in my last upon so much as relates to the upper province, and

I now submit a few remarks on the military defence of the peninsula of

Lower California.

I. _General description of the coast and harbors._--The principal

ports of the coast of Lower California, visited by whaling and

merchant vessels, are San Quintin, Magdalena, San Jose, La Paz,

Escondido (near Loreto), and Mulige.--There are some other points

which vessels occasionally touch for supplies and at trade, but they

are comparatively of little commercial or military importance. The

port of San Quintin, in latitude thirty degrees twenty-three minutes,

is represented as affording a secure anchorage for vessels of every

description, and to be sufficiently commodious for the reception of a

numerous fleet. The extensive bay of Magdalena has acquired

considerable notoriety from its being resorted to every winter by

large numbers of whaling vessels. Its size gives it the character of

an inland sea, its waters being navigable for the distance of more

than a hundred miles. It furnishes several places of safe and

commodious anchorage. The bay of San Jose, near Cape Saint Lucas, is

much frequented by coasting vessels, and occasionally visited by

whalers and men-of-war. Being the outlet of a fertile valley,

extending some forty or fifty miles into the interior, it is probably

the best place in the peninsula for supplying shipping with water and

fresh provisions. It is, however, a mere roadstead, affording no

protection whatever during the season of southeasters.

La Paz is the seat of government and the principal port of Lower

California, and its extensive bay affords excellent places of

anchorage for vessels of any size, and is sufficiently commodious for

the most numerous fleets. The principal pearl fisheries are in this

immediate vicinity, and also the most valuable mining districts. It is

the outlet of the fertile valley of the Todos Santos, and of the

produce of the whole country between Santiago and Loreto. The cove or

estero, opposite the town of La Paz, furnishes spacious and safe

anchorage, which may be reached by vessels drawing not more than

eighteen or twenty feet of water; and the cove of Pichilingue, at the

south-eastern extremity of the bay, and about six miles from the

town, affords an excellent anchorage for vessels of any size; but the

inner bay can be reached only by small merchant vessels. The bar,

however, between the two is only a few yards in extent; and if the

importance of the place should ever justify it, the channel might be

made deeper without difficulty or great expense. The adjacent country

being barren and mountainous, and the roads to the interior

exceedingly difficult, this place can never be the outlet of much

agricultural produce. But as the island of Carmen, nearly opposite the

entrance to this bay, contains an almost inexhaustible supply of salt,

very easy of access, it is possible that the trade in this article may

eventually give considerable importance to the port of Escondido.

The bay of Mulige contains several places of anchorage, but none of

them are deemed safe for large vessels, or even from small vessels, at

all seasons of the year. There are also several other parts in the

gulf farther north which are occasionally visited by coasting vessels,

but it is not known that any of them are likely to be of much

commercial importance.

II. _Proposed system of defence._--It is not supposed that, under

existing circumstances, any military post will be necessary on the

western coast of the peninsula; nor is it probable that, for many

years, any place there will become of sufficient importance to justify

the construction of military works for its defence. It is true that

the whale fishery on this coast has become, from the amount of

shipping engaged in it, an object of the highest consideration; but

our having ports of refuge at San Francisco or San Diego, and at La

Paz, strong enough to resist a naval coup de main, will, it is

believed, afford sufficient security to these whalers in case of a

war with a maritime power.

On our arrival here in October last, it was deemed desirable to

establish a small military post at San Jose, for the double purpose of

giving protection to the friendly inhabitants against a band of

Mexican freebooters who had crossed the gulf from Guaynas to Mulige

and Loreto, and of preventing the further introduction of men and

munitions from the opposite coast. The old mission building was found

well adapted to the purpose in view, and with a few repairs and

improvements served as an admirable protection for the little garrison

in the several attacks which it afterwards sustained from greatly

superior forces. It will probably be necessary to continue this post

during the war with Mexico, or at least so long as there is any danger

of the enemy's sending troops from the opposite coast to again disturb

the tranquillity of the peninsula; but it is not deemed advisable to

establish at this place any works of permanent defence, the character

of the port not being such as to warrant expenditures for this

purpose. The defences of the cuartel or mission building are deemed

sufficient for all purposes of temporary occupation.

Should the war with Mexico continue, and the naval forces be again

withdrawn from the gulf, it may be necessary to establish temporarily

a small military post at Mulige; but no permanent garrison will be

required either at that place or Escondido, unless, perhaps, hereafter

the commercial importance of the latter port should justify such a

measure.

La Paz is, therefore, the only port in Lower California which it will

be necessary, for the present, to occupy with a permanent military

force, or to secure by means of fortifications. For temporary

purposes, the site of the old cuartel is well suited for the

construction of defensive barracks, inasmuch as it commands the town,

and may readily be secured against an attack from the side. The

buildings at present occupied as barracks are not judiciously located.

A permanent work on Punta Colorada will completely close the entrance

to Pichilingue cove, and its heavy guns will reach the entrance to the

channel of La Paz; but to give the requisite security to the latter, a

small battery will be necessary on Punta Prieta. The topographical

features of both these points are favorable for the construction of

small fortifications: Stone of good quality for building purposes is

found in the immediate vicinity, and good lime may be procured at the

distance of only a few miles. Quarries have been opened in the

"Calaveras," and the stone, though soft and easily worked, is found to

be in this climate of a very durable character. La Paz is not

difficult to defend against a naval attack, and the proposed

fortifications may be constructed in a short time and without a very

large expenditure of money. The commercial character of the place, its

military importance as connected with the defence of the peninsula,

its great value as a naval depôt and port of refuge for our commercial

and military marine in case of war with any naval power, will, it is

believed, fully justify the expenditures necessary for securing this

port against a maritime attack.

III. _Commercial and military importance of Lower California._--Thus

far in my report I have proceeded on the supposition that it is the

intention of our government to retain the whole of California in any

treaty of peace with Mexico; but doubts have recently been expressed

on the policy of retaining this peninsula, on account of its being of

little or no value to the United States. As the guerrilla forces which

were sent over from Mexico the past summer, during the absence of our

squadron from this coast, to regain possession of Lower California,

and force the inhabitants to their allegiance to the Mexican

government, have been defeated and completely dispersed, leaving our

own troops in undisputed possession of the territory, nothing but a

conviction of the utter worthlessness of the country could now induce

our government to consent to its abandonment. On this subject I beg

leave to add a few remarks:

The peninsula of California lies between twenty-two degrees fifty

minutes and thirty-two degrees thirty minutes north latitude, being

about seven hundred miles in length, and varying from fifty to one

hundred miles in breadth. An irregular chain or broken ridge of

mountains extend from Cape St. Lucas to the frontiers of Upper

California, with spurs running off on each side to the gulf and ocean.

Between these spurs are numerous broad plains covered with stunted

trees, and during the rainy months with a thin but nutricious grass.

In the dry season this grass is parched up like hay, but from its

nutricious character it affords abundant food for the herds of cattle

and horses which constitute the principal wealth of rancheros. The

dryness of the soil prevent the growth of trees of any considerable

magnitude, except on the borders of a few mountain streams. This

timber, though far from being plentiful, is exceedingly durable and

much esteemed in ship-building. The greatest height of the mountains

is estimated five thousand feet; many of them are piles of mere

broken rocks, while others are covered with grass, shrubbery, and

small trees. The plains are sandy and mostly unproductive--not,

however, from any natural barrenness in the soil, but from a

deficiency of water. There are but few durable streams in the whole

country, and streams of good water are extremely scarce. But in the

plains and most of the dry beds of rivers water can be obtained by

digging wells only a few feet in depth; and wherever irrigation has

been resorted to by means of these wells, the produce of the soil,

from its remarkable fertility, has abundantly rewarded the labor of

the agriculturist. Much of this soil is of volcanic origin, having

been washed from the mountains by the action of heavy rains, and the

produce extracted by means of irrigation from these apparently barren

and unprolific sands is something most marvellous. The general aspect

of the country on the coast is exceedingly barren and forbidding, but

I have seen no instance where the soil is properly cultivated that the

labor bestowed on it is not well rewarded. The growth of vegetation is

exceedingly rapid, and the soil and climate are such as to produce

nearly all the tropical fruits in great perfection. But the

inhabitants are disinclined to agriculture, and most of them live

indolent and roving lives, subsisting principally upon their herds.

Notwithstanding the unfavorable character of the country, it is

capable, in the hands of an industrious and agricultural people, of

supporting a population much more numerous than the present. In the

time of the missions, when very small portions of the soil were

cultivated, and even these but rudely, by the Indians, the four

districts of San Jose, Santiago, San Antonio, and Todos Santos

contained a population of thirty-five thousand souls, whereas, the

present population of the same districts is only seven thousand.

[Illustration: SACRAMENTO CITY.]

The agricultural products of Lower California are maize, sugar-cane,

potatoes, dates, figs, grapes, quinces, lemons, and olives. A

considerable quantity of hides, beef, cheese, soap, sugar, figs,

raisins, &c., is annually exported to Mexico and Upper California,

flour and merchandise being received in exchange. The vegetable market

of Mazatlan is also in part supplied from the valley of San José.

[Illustration: ONE OF THE OLD SPANISH HOUSES, SAN FRANCISCO.]

But the value of Lower California does not result from its being

either a grazing or agricultural country. Its fisheries, mines,

commerce, and the influence of its geographical position, are matters

of much higher importance than its agricultural productions.

The whole coast of the peninsula abounds with fish; clams and oysters

are found in great plenty and of every variety. The islands of the

gulf abound with seal, and the whaling grounds on the Pacific coast

are of great value. During the past year Magdalena bay alone has, at

one time, contained as many as twenty-eight sail, all engaged in this

fishery. The pearl fishery is also exceedingly valuable. Formerly,

when it was conducted with system and regularity, the annual produce

of a single vessel with thirty or forty divers, between the months of

July and October, usually amounted to about $60,000; and now, badly as

the fishery is conducted, the annual exportation of pearls amounts to

between forty and fifty thousand dollars. Tortoise and pearl shells

are also articles of exportation.

Lower California contains valuable mines of gold, silver, copper, and

lead; but, for the want of capital, very few of these are worked, and

this in the rudest manner possible. Nevertheless, the labor expended

on them is well rewarded; and there can be no doubt that with capital

and suitable means they would yield very handsome profits. The salt

mines on Carmen island are capable of supplying the whole coast of

Mexico and California; already the duties on this article amount to a

considerable sum.

The commerce of the peninsula is now very limited, being principally

confined to a coasting trade with the ports of Mexico. The whole

population of the country is but little more than ten thousand, and

the annual imports and exports are estimated at $300,000. But in our

hands this commerce, freed from the absurd restrictions imposed by

Mexico, will soon receive a very great extension. La Paz will become

the principal depot of American goods for the western coast of Mexico;

and in a few years most foreign goods intended for this coast will

also be deposited in the warehouses of Lower California, to be

transferred to the ports of Mexico at such times and in such

quantities as the demands of the market may require. In the present

variable state of Mexican trade, resulting from an irregular and

fluctuating tariff, which differs for each port and changes with every

change of general or state administration, it is frequently necessary

to transfer vessels with their cargoes from one port to another, or to

keep them for weeks at sea, standing off and on, so as to enable the

agents to arrange the rate of duties at the custom-house before

landing the cargoes. Sometimes the consignees are obliged to send

their vessels to the Sandwich islands or Valparaiso until a change of

administration will enable them to avoid the exorbitant demands of

some petty governor or collector of customs. Moreover, the principal

commercial ports of this coast (Mazatlan and San Blas) are

inaccessible to merchant vessels for four months of each year, and

during that time are visited only by small coasters. But, with Lower

California in our possession, merchant vessels of whatever character,

at all seasons and in all winds, can find a refuge in La Paz, and

their cargoes despatched in such quantities and to such points of the

opposite coast as circumstances may justify. This place in a few years

will be what Mazatlan now is, and Mazatlan experience the fate of San

Blas and Acapulco.

The importance, however, of this port results mainly from its

geographical position, and the influence it is likely to exert as a

military and naval depot upon our commercial interests in the Pacific.

The port of San Francisco, in Upper California, should be well

fortified, and every care taken to make it a harbor of refuge for our

merchant and military marine, in case of a maritime war; but it must

be remembered that that place is nearly fifteen hundred miles from the

nearest port of Mexico, and that it is very far north of some of the

best whaling grounds in the Pacific, and too distant to afford much

protection to our commerce with Central America, although its position

gives it a controlling influence over the commerce of Sandwich

Islands, Upper California, and Oregon. In the same way a

well-fortified naval station at La Paz, from its immediate proximity

to the coast of Mexico, would have a most beneficial influence on our

commercial and whaling interest in this part of the Pacific. The great

value, in time of maritime war, of such _key_ points as La Paz, and

the commanding influence exercised by them in the protection of

commerce, have become settled principles in military defence; and

England shows her appreciation of their truth, and the wisdom of her

own policy, in establishing stations and points like St. Helena, Cape

of Good Hope, Gibraltar, Malta, Corfu, and Bermuda.

Again, the growing commerce of California and Oregon, and the

political importance of our possessions on the Pacific, render it

necessary that we should have some means of rapid communication

between them and the seat of government at Washington. This

communication must be effected by the isthmus of Panama or of

Tehuantepec. In either case steamers bound to Upper California and the

Columbia River must have one or more intermediate depots of fuel; and

in time of war it is important that these depots be established in our

own rather than in a hostile territory. A glance at the map will show

that La Paz is nearly equidistant from the extremities of this line;

and that Tehuantepec, La Paz, and San Francisco divide into four equal

parts the whole distance from Panama to Oregon. Moreover, as this

ocean is peculiarly suited to steam navigation, a large part of the

commerce of the Pacific must eventually be carried on in steam

vessels; and in all probability not many years will elapse before a

portion of our naval force in these waters is of the same character.

Under this supposition, the importance of our possessing some naval

depot and harbor of refuge and repair south of Upper California is too

manifest to require argument or illustration.

But whatever may be thought of the value of this peninsula or of the

gulf as a natural boundary between us and Mexico, instead of an

imaginary line drawn from the Colorado to the Pacific, thus

separating a kindred people, and exposing the governments of the two

territories to continual collisions, the propriety of retaining Lower

California is, in my opinion, now no longer an open question. When

this country was first taken possession of by the forces of the United

States, the people were promised the protection of our government

against Mexico, and guarantied the rights secured by our Constitution;

and in November, 1847, they were assured by the commander-in-chief of

the Pacific squadron, (with the approbation of the Secretary of the

Navy,) that this territory would be _permanently_ retained by the

American government; and again, by the President of the United States,

in his annual message of December, 1847, that it "should never be

given up to Mexico." Acting under these assurances, all the most

respectable people of the territory not only refused to take part with

the Mexican forces which were sent to attempt the recapture of that

country from the Americans, but many of them actually took up arms in

our defence, and rendered most valuable services in ridding the

peninsula of the guerrilla hordes sent over from Mexico for the

purpose of effecting our expulsion. In this conflict, some who thus

sided with us lost their lives, many their property, and all have

exposed themselves to the vengeance of the Mexican government. But

these losses and dangers they have willingly encountered, in the hope

of obtaining the better government of the United States. They have

regarded these promises as made in good faith, and have been guided in

their conduct by the assurances thus held out to them by the agents of

the American government; and now, for the United States to voluntarily

surrender this country to the republic of Mexico, and leave these

Californians exposed to the loss of life and confiscation of property

for having sided with us, under the assurances thus held out to them,

would not only be in itself a breach of national faith, but would make

us appear in the eyes of the world guilty of the most deliberate and

cruel deception.

H. WAGER HALLECK,

_Lieutenant of Engineers_.

Colonel R. B. MASON,

_Commanding Tenth Military Department_.