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.