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.