Branch, an intelligent American, originally from the state of New York, who has been settled in the country a number of years. His rancho is situated on what is called the _arroyo grande_, a small stream which empties into the Pacific some two or three miles from the house. The house is new, and constructed after American models of farm-houses, with neat and comfortable apartments, chimneys and fireplaces. The arable lands here are finely adapted to the culture of maize, wheat, and potatoes.

Our horses straying, it was twelve o'clock on the 5th before we found them. The rain had fallen steadily and heavily all night, and during the forenoon, and was pouring down when we started. We pa.s.sed through the mission of San Luis Obispo just before sunset, intending to halt at a rancho about three miles distant in a _canada_. But, the storm increasing in strength, it became suddenly so dark in the mountain-gorge, that we could not distinguish the trail, and, after wandering about some time, vainly attempting to find the house, we were compelled to bivouac, wet to our skins, without fire or shelter, and the rain pouring down in torrents.

The next morning (Feb. 6.), in hunting up our loose horses, we discovered the house about half a mile distant from our camp.

Continuing our journey, we halted about nine o'clock at a rancho near the ruins of Santa Margarita. A solitary Indian was the only occupant of the house, and only inhabitant of the place; and he could furnish us with no food. Pa.s.sing two or three other deserted ranches, we reached the house of a Mexican about one o'clock, where we obtained a meal of fried eggs and _tortillas_, after having been without food thirty hours. Late in the afternoon we arrived at the mission of San Miguel, now occupied by an Englishman named Reed, his _mestiza_ wife, and one child, with two or three Indian vaqueros. Crossing the Salinas in the morning (Feb. 7), we continued down its eastern side, and encamped in a wide bottom under a large live oak. A _quesadilla_ was all we had to eat. This was divided, one-half being reserved for breakfast. The fresh vegetation has so much changed the face of the country on this river since we pa.s.sed along here in December, that I scarcely recognise it.

The gra.s.s is six or eight inches high in the bottom, the blades standing so thick as to present a matted appearance, and the hills are brilliant with flowers--pink, purple, blue, and yellow.

On the 8th we continued down the eastern bank of the Salinas, pa.s.sing through several large and fertile bottoms, and reaching the rancho of San Lorenzo about twelve o'clock. This rancho, as we learned from the proprietors, is owned by two bachelor brothers, one of whom told me that he had not been off his lands but once or twice for several years.

Large herds of fat cattle and horses were grazing upon the luxuriant gra.s.ses of the plain, and there were several extensive inclosures sowed in wheat, which presented all the indications of an abundant harvest.

But, with all these natural resources surrounding him the elder brother told us that he had nothing to eat in his house but fresh beef. A quant.i.ty of the choice pieces of a fat beef was roasted by an Indian boy, which we enjoyed with all the relish of hungry men. Our host, a gentleman of intelligence and politeness, made apology after apology for his rude style of living, a princ.i.p.al excuse being that he had no wife. He inquired, with apparent earnestness, if we could not send him two pretty accomplished and capable American women, whom they could marry; and then they would build a fine house, have bread, b.u.t.ter, cheese, and all the delicacies, luxuries, and elegancies of life in abundance. He appeared to be well pleased with the conquest of the country by the Americans, and desirous that they should not give it up.

When we resumed our journey in the afternoon, he rode with us four or five miles to show us the way, and, on taking his leave, invited us to return again, when he said he hoped his accommodations would be much improved. Riding 15 miles, we halted at a tule-cabin, where we remained until two o'clock in the morning, when, the moon shining brightly, we mounted our horses, and continued our journey.

We reached the Monterey road just at daylight. My intention had been to visit Monterey; but the Salinas being unfordable, and there being no ferry, it was not possible to do it without swimming the river, which I did not feel inclined to do. Monterey is situated on the bay by that name, about 90 miles by water south of San Francisco. The bay affords a good anchorage and landing in calm weather, being exposed only to the northers, which blow violently. The town contains about 1500 inhabitants, and is rapidly increasing in wealth and population.

Arriving at the rancho of Don Joaquin Gomez, we found no one but a _mestiza_ servant at home, and could obtain nothing to eat but a _quesadilla_. All the streams, large and small, are much swollen by late heavy rains, and the travelling is consequently very laborious and difficult. Resting our horses a short time, we crossed the mountains, and reached the mission of San Juan Bautista about noon.

At San Juan we met with Messrs. Grayson, Boggs, and a party of volunteers returning from Monterey to San Francisco, having been discharged since the suppression of the rebellion in this part of California, headed by Francisco Sanchez. Here we learned, for the first time, the arrival at Monterey of Commodore Shubrick in the ship Independence, and of the Lexington with Captain Tomkins's company of artillery, and freighted otherwise with munitions, stores, and tools necessary to the erection and defence of durable fortifications at Monterey and San Francisco.

Seven or eight miles beyond San Juan, we found that the waters of the _arroyo_ had risen so as to inundate a wide valley which we were compelled to cross. After making several ineffectual attempts to reach the opposite side, wading through the water, and sometimes falling into deep holes from which it was difficult for either men or horses to extricate themselves, we encamped for the night on a small elevation in the valley, entirely surrounded by water. Our condition was miserable enough. Tired, wet, and hungry, we laid down for the night on the damp ground.

The next day (Feb. 10), about eleven o'clock, we succeeded in finding a ford across the valley and stream, and procured dinner at a soap-factory on the opposite side, belonging to T.O. Larkin, Esq.

Continuing on, we encamped at a rancho occupied by an Englishman as _mayor domo_. He was very glad to see us, and treated us with unbounded hospitality, furnishing a superabundance of beef and _frijoles_ for our consumption. On the 11th, about three P.M., we arrived at the Pueblo de San Jose, and, finding there a launch employed by Messrs. Howard and Mellus in collecting hides, bound for San Francisco, we embarked in her, and on the morning of the 13th arrived at that place. We found lying here the U.S. sloop Warren, and Lieutenant Radford politely furnished us with a boat to land. In the afternoon the Cyane, Commander Dupont, with Gen. Kearny on board, and the store-ship Erie, with Col.

Mason on board, arrived in the harbour. Col. Mason is from the United States direct, via Panama, and brings late and interesting intelligence.

The Cyane and Warren have just returned from a cruise on the southern Pacific coast of Mexico. The town of Guymas had been taken by bombardment. The Cyane had captured, during her cruize, fourteen prizes, besides several guns at San Blas. The boats of the Warren, under the command of Lieut. Radford, performed the gallant feat of cutting out of the harbour of Mazatlan the Mexican schooner Malek Abdel.

Landing in San Francisco, I found my wardrobe, which I had deposited in the care of Capt. Leidesdorff, and the first time for nearly five months dressed myself in a civilized costume. Having been during that time almost constantly in motion, and exposed to many hardships and privations, it was, as may be supposed, no small satisfaction to find once more a place where I could repose for a short time at least.

CHAPTER XIV.

Progress of the town of San Francisco Capt. Dupont Gen. Kearny The presidio Appointed Alcalde Gen. Kearny's proclamation Arrival of Col. Stevenson's regiment Horse-thief Indians Administration of justice in California Sale of lots in San Francisco.

Wherever the Anglo-Saxon race plant themselves, progress is certain to be displayed in some form or other. Such is their "go-ahead" energy, that things cannot stand still where they are, whatever may be the circ.u.mstances surrounding them. Notwithstanding the wars and insurrections, I found the town of San Francisco, on my arrival here, visibly improved. An American population had flowed into it; lots, which heretofore have been considered almost valueless, were selling at high prices; new houses had been built, and were in progress; new commercial houses had been established; hotels had been opened for the accommodation of the travelling and business public; and the publication of a newspaper had been commenced. The little village of two hundred souls, when I arrived here in September last, is fast becoming a town of importance. Ships freighted with full cargoes are entering the port, and landing their merchandise to be disposed of at wholesale and retail on sh.o.r.e, instead of the former mode of vending them afloat in the harbour. There is a prevailing air of activity, enterprise, and energy; and men, in view of the advantageous position of the town for commerce, are making large calculations upon the future; calculations which I believe will be fully realized.

On the 15th I dined on board the sloop-of-war Cyane, with Commander Dupont, to whom I had the good fortune to be the bearer from home of a letter of introduction. I say "good fortune," because I conceive it to be one of the greatest of social blessings, as well as pleasures, to be made acquainted with a truly upright and honourable man--one whose integrity never bends to wrongful or pusillanimous expediency;--one who, armed intellectually with the panoply of justice, has courage to sustain it under any and all circ.u.mstances;--one whose ambition is, in a public capacity, to serve his country, and not to serve himself;--one who waits for his country to judge of his acts, and, if worthy, to place the laurel wreath upon his head, disdaining a self-wrought and self-a.s.sumed coronal. Capt. Dupont is a native of Delaware; and that gallant and patriotic state should feel proud of such a son. He is one of whom all men, on sea or on land, with whom his duties as an officer or citizen of our republic brings him in contact, speak well; and whose private virtues, as well as professional merits, are deserving of the warmest admiration and the highest honours.

Although I have long known Gen. S.W. Kearny from reputation, and saw him at Los Angeles, I was here introduced to him for the first time.

Gen. K. is a man rising fifty years of age. His height is about five feet ten or eleven inches. His figure is all that is required by symmetry. His features are regular, almost Grecian; his eye is blue, and has an eagle-like expression, when excited by stern or angry emotion; but, in ordinary social intercourse, the whole expression of his countenance is mild and pleasing, and his manners and conversation are unaffected, urbane, and conciliatory, without the slightest exhibition of vanity or egotism. He appears the cool, brave, and energetic soldier; the strict disciplinarian, without tyranny; the man, in short, determined to perform his duty, in whatever situation he may be placed, leaving consequences to follow in their natural course.

These, my first impressions, were fully confirmed by subsequent intercourse, in situations and under circ.u.mstances which, by experience, I have found an unfailing alembic for the trial of character--a crucible wherein, if the metal be impure, the drossy substances are sure to display themselves. It is not my province to extol or p.r.o.nounce judgment upon his acts; they are a part of the military and civil history of our country, and as such will be applauded or condemned, according to the estimate that may be placed upon them. But I may be allowed to express the opinion, that no man, placed under the same circ.u.mstances, ever aimed to perform his duty with more uprightness and more fidelity to the interests and honour of his country, or who, to shed l.u.s.tre upon his country, ever braved greater dangers, or endured more hardships and privations, and all without vaunting his performances and sacrifices.

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

Warner and Hallock, of the U.S. Engineer Corps, I rode to the Presidio of San Francisco, and the old fortification at the mouth of the bay.

The presidio is about three miles from the town, and consists of several blocks of adobe buildings, covered with files. The walls of most of the buildings are crumbling for the want of care in protecting them from the annual rains; and without this care they will soon become heaps of mud. The fort is erected upon a commanding position, about a mile and a half from the entrance to the bay. Its walls are substantially constructed of burnt brick, and are of sufficient thickness and strength to resist heavy battering. There are nine or ten embrasures. Like everything else in the country belonging to the public, the fort is fast falling into ruins. There has been no garrison here for several years; the guns are dismounted, and half decomposed by long exposure to the weather, and from want of care. Some of them have sunk into the ground.

On the 20th I was waited upon by Gen. Kearny, and requested to accept the office of alcalde, or chief magistrate, of the district of San Francisco. There being no opportunity of returning to the United States immediately, I accepted of the proposed appointment, and on the 22d was sworn into office, my predecessor, Lieut. W.A. Bartlett, of the navy, being ordered to his ship by the commanding officer of the squadron.

The annual salute in celebration of the birthday of the immortal and ill.u.s.trious founder of our republic, required by law from all the ships of the navy in commission, in whatever part of the world they may be at the time, strikes us more forcibly when in a far-off country, as being a beautiful and appropriate tribute to the unapproachable virtues and heroism of that great benefactor of the human race, than when we are nearer home, or upon our own soil. The U.S. ships in the harbour, at twelve o'clock on the 22d, each fired a national salute; and the day being calm and beautiful, the reports bounded from hill to hill, and were echoed and re-echoed until the sound died away, apparently in the distant gorges of the Sierra Nevada. This was a voice from the soul of WASHINGTON, speaking in majestic and thunder-tones to the green and flowery valley, the gentle hills and lofty mountains of California, and consecrating them as the future abode of millions upon millions of the sons of liberty. The merchant and whale ships lying at anchor, catching the enthusiasm, joined in the salute; and for a time the harbour and bay in front of the town were enveloped in clouds of gunpowder smoke.

General Kearny left San Francisco, in the frigate Savannah, Captain Mervine, on the 23d, for Monterey, and soon after his arrival at that place issued the following proclamation:--

PROCLAMATION TO THE PEOPLE OF CALIFORNIA.

The President of the United States having instructed the undersigned to take charge of the civil government of California, he enters upon his duties with an ardent desire to promote, as far as he is able, the interests of the country and the welfare of its inhabitants.

The undersigned has instructions from the President to respect and protect the religious inst.i.tutions of California, and to see that the religious rights of the people are in the amplest manner preserved to them, the const.i.tution of the United States allowing every man to worship his Creator in such a manner as his own conscience may dictate to him.

The undersigned is also instructed to protect the persons and property of the quiet and peaceable inhabitants of the country against all or any of their enemies, whether from abroad or at home; and when he now a.s.sures the Californians that it will be his duty and his pleasure to comply with those instructions, he calls upon them all to exert themselves in preserving order and tranquillity, in promoting harmony and concord, and in maintaining the authority and efficiency of the laws.

It is the wish and design of the United States to provide for California, with the least possible delay, a free government, similar to those in her other territories; and the people will soon be called upon to exercise their rights as freemen, in electing their own representatives, to make such laws as may be deemed best for their interest and welfare. But until this can be done, the laws now in existence, and not in conflict with the const.i.tution of the United States, will be continued until changed by competent authority; and those persons who hold office will continue in the same for the present, provided they swear to support that const.i.tution, and to faithfully perform their duty.

The undersigned hereby absolves all the inhabitants of California from any further allegiance to the republic of Mexico, and will consider them as citizens of the United States; those who remain quiet and peaceable will be respected in their rights and protected in them. Should any take up arms against or oppose the government of this territory, or instigate others to do so, they will be considered as enemies, and treated accordingly.

When Mexico forced a war upon the United States, time did not permit the latter to invite the Californians as friends to join her standard, but compelled her to take possession of the country to prevent any European power from seizing upon it, and, in doing so, some excesses and unauthorized acts were no doubt committed by persons employed in the service of the United States, by which a few of the inhabitants have met with a loss of property; such losses will be duly investigated, and those ent.i.tled to remuneration will receive it.

California has for many years suffered greatly from domestic troubles; civil wars have been the poisoned fountains which have sent forth trouble and pestilence over her beautiful land. Now those fountains are dried up; the star-spangled banner floats over California, and as long as the sun continues to shine upon her, so long will it float there, over the natives of the land, as well as others who have found a home in her bosom; and under it agriculture must improve, and the arts and sciences flourish, as seed in a rich and fertile soil.

The Americans and Californians are now but one people; let us cherish one wish, one hope, and let that be for the peace and quiet of our country. Let us, as a band of brothers, unite and emulate each other in our exertions to benefit and improve this our beautiful, and which soon must be our happy and prosperous, home.

Done at Monterey, capital of California, this first day of March, A.D. 1847, and in the seventy-first year of independence of the United Suites.

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

The proclamation of General Kearny gave great satisfaction to the native as well as the emigrant population of the country. Several of the alcaldes of the district of my jurisdiction, as well as private individuals (natives of the country), expressed, by letter and orally, their approbation of the sentiments of the proclamation in the warmest terms. They said that they were heartily willing to become Americans upon these terms, and hoped that there would be the least possible delay in admitting them to the rights of American citizenship. There was a general expectation among natives as well as foreigners, that a representative form of territorial government would be immediately established by General Kearny. Why this was not done, is explained by the recent publication of General Scott's letter to General Kearny, dated November 3rd, 1846, of which Colonel Mason was the bearer, he having left the United States on the 7th November. In this letter General Scott says:--

"As a guide to the civil governor of Upper California, in our hands, see the letter of June 3rd (last), addressed to you by the Secretary of War. You will not, however, formally declare the province to be annexed. Permanent incorporation of the territory must depend on the government of the United States.

"After occupying with our forces all necessary points in Upper California, and establishing a temporary civil government therein, as well as a.s.suring yourself of its internal tranquillity, and the absence of any danger of reconquest on the part of Mexico, you may charge Colonel Mason, United States first dragoons, the bearer of this open letter, or land officer next in rank to your own, with your several duties, and return yourself, with a sufficient escort of troops, to St.

Louis, Missouri; but the body of the United States dragoons that accompanied you to California will remain there until further orders."

The transport ships Thomas H. Perkins, Loo Choo, Susan Drew, and Brutus, with Colonel Stevenson's regiment, arrived at San Francisco during the months of March and April. These vessels were freighted with a vast quant.i.ty of munitions, stores, tools, saw-mills, grist-mills, etc., etc., to be employed in the fortification of the princ.i.p.al harbours on the coast--San Francisco, Monterey, and San Diego. The regiment of Col. Stevenson was separated into different commands, portions of it being stationed at San Francisco, Sonoma, Monterey, Santa Barbara, and Los Angeles; and some companies employed against the horse-thief Indians of the Sierra Nevada and the Tulares.

As good an account of these horse-thief Indians, and their depredations, as I have seen, I find in the "California Star," of March 28th, 1847, written by a gentleman who has been a resident of California for a number of years, and who has been a sufferer. It is subjoined:--

"During the Spanish regime, such a thing as a horse-thief was unknown in the country; but as soon as the Mexicans took possession, their characteristic anarchy began to prevail, and the Indians to desert from the missions. The first Indian horse-thief known in this part of the country was a neophyte of the mission of Santa Clara, George, who flourished about twenty years ago. He absconded from his mission to the river of Stanislaus, of which he was a native. From thence he returned to the settlements, and began to steal horses, which at that time were very numerous. After pursuing his depredations for some time, he was at last pursued and killed on his return from one of his forages. The mission of Santa Clara has been, from that time to the present day, the greatest nursery for horse thieves, as the Stanislaus river has been and is their princ.i.p.al rendezvous. I have taken some pains to inquire among some of the most intelligent and respectable of the native inhabitants, as to the probable number of horses that have been stolen between Monterey and San Francisco within the last twenty years, and the result has been that more than one hundred thousand can be distinctly enumerated, and that the total amount would probably be double that number. Nearly all these horses have been eaten! From the river of Stanislaus, as a central point, the evil has spread to the north and south, and at present extends from the vicinity of the Mickelemes River on the north, to the sources of the St. Joaquin on the south. These Indians inhabit all the western declivity of the great snowy mountains, within these limits, and have become so habituated to living on horseflesh, that it is now with them the princ.i.p.al means of subsistence.

"In past time they have been repeatedly pursued, and many of them killed, and whole villages destroyed, but, so far from being deterred, they are continually becoming more bold and daring in their robberies, as horses become scarcer and more carefully guarded. About twenty persons have been killed by them within the knowledge of the writer.

Among others, Mr. Lindsay and Mr. Wilson were killed by them not long ago. Only about one month since, they shot and dangerously wounded four persons employed on the farm of Mr. Weber, near the Pueblo of St.

Joseph, and at the same time stole the horses of the farm, and those also from the farms of Captain Fisher and Mr. Burnal, in the same vicinity; in all, about two hundred head. Within the last ten days numerous parties of them have been committing depredations on many of the farms in the jurisdiction of the Contra Costa, and scarcely a night pa.s.ses but we hear of their having stolen horses from some one. Three days ago, a party of them were met by some young men who had been out catching wild horses on the plains of the St. Joaquin, but as they were mounted on tired animals, they were only able to recapture the stolen horses, but could not overtake the thieves."

It has not been within the scope of my design, in writing out those notes, to enter into the minute details of the conquest and occupation of California by the forces of the United States. To do so would require more s.p.a.ce than I have allowed myself, and the matter would be more voluminous than interesting or important. My intention has been to give such a sketch of the military operations in California, during my residence and travels in the country, as to afford to the reader a general and correct idea of the events transpiring at the time. No important circ.u.mstance, I think, has escaped my attention.

Among the officers of the army stationed at San Francisco, with whom I became acquainted, were Major Hardie, in command of the troops, Captain Folsom, acting quartermaster-general in California, and Lieutenant Warner, of the engineer corps. Lieutenant Warner marched with General Kearny from the United States, and was at the battle of San Pasqual. I have seen the coat which he wore on that occasion, pierced in seven different places by the lances of the enemy. He did not make this exhibition himself; and I never heard him refer to the subject but once, and then it was with the modesty of a veteran campaigner.

The corps of topographical engineers accompanying General Kearny, under the command of Captain Emory, will, doubtless, furnish in their report much interesting and valuable information. Mr. Stanley, the artist Of the expedition, completed his sketches in oil, at San Francisco; and a more truthful, interesting, and valuable series of paintings, delineating mountain scenery, the floral exhibitions on the route, the savage tribes between Santa Fe and California--combined with camp-life and marches through the desert and wilderness--has never been, and probably never will be, exhibited. Mr. Stanley informed me that he was preparing a work on the savage tribes of North America and of the islands of the Pacific, which, when completed on his plan, will be the most comprehensive and descriptive of the subject of any that has been published.

Legal proceedings are much less complex in California than in the United States. There is no written statute law in the country. The only law books I could find were a digested code ent.i.tled, "Laws of Spain and the Indies," published in Spain about a hundred years ago, and a small pamphlet defining the powers of various judicial officers, emanating from the Mexican government since the revolution. A late Mexican governor of California, on being required by a magistrate to instruct him as to the manner in which he should administer the law within his jurisdiction, replied, "_Administer it in accordance with the principles of natural right and justice_," and this is the foundation of Californian jurisprudence. The local _bandos_, or laws, are enacted, adjudicated, and executed by the local magistrates, or alcaldes. The alcalde has jurisdiction in all munic.i.p.al matters, and in cases for minor offences, and for debt in sums not over one hundred dollars. In cases of heinous or capital offences, the alcalde has simply an examining power, the testimony being taken down in writing, and transmit-to the _juez de primera instancia_, or first judge of the district, before whom the case is tried. Civil actions, for sums over one hundred dollars, must also be tried before the _juez de primera instancia_, and from him there is an appeal to the prefect, or the governor of the province. The trial by _hombres buenos_, or good men, is one of the established legal tribunals when either of the parties demand it, and is similar to our trial by jury; the difference being in the number, the _hombres buenos_ usually consisting of three or five, as they may be ordered by the magistrate, or requested by the litigants, and our jury of twelve. With honest and intelligent magistrates, the system operates advantageously, as justice is speedy and certain; but the reverse of this, with corrupt and ignorant magistrates, too frequently in power, the consequences of the system are as bad as can well be imagined.