History of the State of California

"Speaking of them reminds me of a 'Café Restaurant,' in San Francisco, kept by a very civil Frenchman, and situated on the way to the Point. I mention it, because I one day made here the most uncomfortable repast it had ever been my lot to sit down to. Yet this was not owing to any lack of attention on the part of the proprietor, to any inferiority in the quality of his provisions, or to any deficiency of culinary skill in their preparation; but simply to the prevalence of the pest to which I have already alluded as invading my own tent, namely, the dust. The house was built chiefly of wood, and had a canvas roof, but this was insufficient to keep out the impalpable particles with which the air was charged, and which settled upon and insinuated themselves into every article in the place. There was dust on the counter, on the shelves, on the seats, on the decanters, and in them; on the tables, in the salt, on my beef-steak, and in my coffee. There was dust on the polite landlord's cheeks, and in his amiable wife's eyes, which she was wiping with the corner of a dusty apron. I hurried my meal, and was paying my score, when I caught sight of my own face in a dusty-looking and dust-covered glass near the bar, and saw that I too had become covered with it, my entire person being literally encrusted with a coat of powder, from which I experienced considerable difficulty in cleansing myself.

"Notwithstanding all I had seen of San Francisco, there yet existed here a world apart, that I should never have dreamed of, but for my being one day called upon to act upon a jury appointed to sit in inquest over a person who had died there. This place was called the 'Happy Valley.'

"Previously to our repairing thither, we attended at the court-house, to take the usual oath. Proceeding then through the lower part of the town, we reached the beach, along which, by the water-side, we walked for a distance of three miles – up to our ancles in mud and sand – until we came to a spot where there were innumerable tents pitched, of all sizes, forms, and descriptions, forming an irregular line stretching along the shore for about two miles.

"The ground was, of course, low, damp, and muddy; and the most unmistakeable evidences of discomfort, misery, and sickness, met our view on every side, for the locality was one of the unwholesomest in the vicinity of the town. Yet here, to avoid the payment of enormous ground-rents, and at the same time to combine the advantage of cheap living, were encamped the major portion of the most recently arrived emigrants, and, amongst the rest, those of the ship Brooklyn, on one of the passengers of which the inquest was about to be held.

"This, then, was the 'Happy Valley;' a term no doubt applied to it in derision, taking into consideration the squalor, the discomfort, the filth, the misery, and the distress that were rife there.

"I am satisfied that much of the crime and lawlessness that is prevalent in California – particularly in towns like San Francisco, where the ruder sex are congregated exclusively and in large multitudes – is attributable to the want of the humanizing presence of women. In San Francisco there were about ten thousand males, and scarcely a hundred females; for, although in many parts of California the latter outnumber the former, the national prejudice against color was too strong for legitimate amalgamation to take place."

Such was San Francisco soon after the discovery of the riches of the Sacramento region. From an insignificant settlement, sometimes the resort of whaling-vessels, and of a few traders, it was quickly transferred into a city, with an extensive and constantly increasing commerce. In its streets and squares, erected where, just before, was a desert plain, people of almost every nation were seen busily engaged in traffic, or preparing for departure to the gold region. It seemed the work of the enchanter.

Although, like San Francisco, Monterey was almost deserted by its inhabitants upon the receipt of information of the gold discovery, it soon began to give signs of improvement. The bay, upon the shore of which the town is located, is more exposed to the swell of the sea, and to the north-west storms, than the Bay of San Francisco, and therefore the harbor is inferior. Yet Monterey received a considerable share of the tide of emigration. Those who stopped there were generally persons who intended to make a permanent settlement, and engage in mercantile pursuits; and, therefore, though the increase of the town was not so rapid as that of San Francisco, it carried with it more denotements of stability.

The town is situated on a short bend near the entrance of the bay, upon its southern side. The point of land which partly protects its harbor from the sea is called Point Pinos. A very neat and pretty appearance is presented by the houses of the native Californians, which are generally constructed of adobés and white-plastered. Those of the Americans are easily distinguished by their being built of logs and planks, and presenting a more substantial, but rougher appearance. The town is surrounded by hills, covered with lofty pine trees. Upon a height which overlooks the town and harbor, a fort was built by the Americans during the war with Mexico, and a military force continued there till after the treaty of peace.

The country in the neighborhood of Monterey is fertile, and yields ample reward to the agriculturist. There would, therefore, be no lack of supplies of provisions, but for the indolence of the Californians, owning the different ranches in the surrounding country. From this cause, great scarcity of provisions of all kinds is often the result. Notwithstanding the additions made by Yankee enterprise and innovation, the general manners and customs of the inhabitants of Monterey retain all their old Spanish character; and some of the customs of the natives, particularly their amusements, are heartily joined in by the more susceptible of the new-comers. The fandango and the serenade with the guitar, still hold their sway as freely and as undisturbed as in old Spain. The winters are severely felt here. The rain causes torrents of water to pour down from the hills in the rear of the town, deluging the principal streets, and rendering their passage almost impossible. During this period, the only resort of the inhabitants for passing away the time is the vice of gambling, in which they early become adepts. This gambling propensity, noticed among the Californians, induced a considerable number of the initiated to emigrate from the United States, and Monterey received a goodly proportion of them. Such an increase of the population, however, could not be considered desirable. Upon the whole, though in a less degree, the effect of the golden attractions of California could be seen at Monterey as at San Francisco. Though it did not spring at once from a small settlement to a large city, it was considerably improved, and in 1849, it numbered more than a thousand inhabitants.

A short distance south of Monterey, is the town of Santa Barbara. Its situation is one of the most beautiful in California. It is built upon a plain ten miles in extent. In front is a broad bay, having a smooth beach of nearly thirty miles in extent. On the right, towards the water, is a lofty eminence rising nearly a thousand feet. Directly back of the town is a range of almost impassable hills, running in a diagonal direction. There is no harbor in the bay, and vessels are obliged to anchor in an open roadstead; and when the south-east winds prevail, they are in constant peril.

The progress of the town was not much affected by the gold mania. But though it offers no attractions for mercantile or gold digging purposes, it has others which will, no doubt, make it a favorite place of residence. In 1849, it contained about one hundred and fifty houses, built of adobés, and all one story in height. The town is celebrated for being the residence of the aristocracy of California, and for its beautiful women. Its inhabitants are principally rancheros, who visit their ranches two or three times in a year to see to the marking and killing of their cattle, and then spend the remainder of the year in the town, enjoying life as much as possible. Indolence is the general vice. A horse to ride, plenty to eat, and cigaros to smoke constitute their summum bonum. Santa Barbara is more celebrated for its fandangos than any other town on the coast. These are open to all comers, and constitute the general pastime of an evening. The climate is mild and spring-like, and, independent of the attractions in the town, the surrounding country offers many of the most beautiful rides in California. About a mile in the rear of the town, at the top of a gentle slope, is the mission of Santa Barbara, with its old, white walls and cross-mounted spires. The presiding priest of California resides there, and a number of the converted Indians still remain and cultivate the surrounding soil. The mission is in a better condition than any other in the country.

Ciudad de los Angeles, or the City of the Angels, is situated a hundred and ten miles south of Santa Barbara, at the end of an immense plain, extending from the city twenty-five miles, to San Pedro, its port. This is the garden spot of California. Before the discovery of the gold mines, the City of the Angels was the largest town in the country. It contains about two thousand inhabitants, most of whom are wealthy rancheros, who dwell there to cultivate the grape. As in all the towns of California, the houses are constructed of adobé and covered with asphaltum, which is found in great quantities near the town. The northern section is laid out in streets, and is occupied by the trading citizens; the southern section is made up of gardens, vinyards and orchards, which are made extremely productive by irrigating the soil with the water of a large stream running through them. Many acres of ground are covered with vines, which, being trimmed every year, are kept about six feet in height. In the fall of the year, these vines are burdened with rich clusters of grapes; and, in addition to these, great quantities of fruit of various kinds are raised. The surrounding country abounds with game of all kinds. In the rainy season, millions of ducks and geese cover the plains between Los Angeles and San Pedro, while the neighboring hills abound with quails, deer, elk, and antelope. The vineyards produce such quantities of grapes, that many thousand barrels of wine and aguardiente– the brandy of the country – are annually manufactured. The wine is of various kinds; some of it being equal to the best produced in Europe.

The inhabitants of the City of the Angels, being generally of the wealthy class of Californians, have always strongly adhered to the institutions of Mexico. They offered the most strenuous resistance to the American forces at the time of the conquest of California, but were vanquished in two battles, and the city taken. All the customs and amusements peculiar to the Spaniards and the countries which they colonized, are here in full vogue. Music, dancing, singing, slaughtering cattle, or gambling, are the usual pastimes of the inhabitants. Yet, with these trifling occupations, attachment to the Roman Catholic church and a careful observance of its ceremonies, is characteristic of all. Upon the tolling of the bell, gaming, swearing, dancing – every thing is stopped while the prescribed prayer is muttered, and then all go on as before.

Though Los Angeles did not experience any increase of population consequent upon the flood of emigration to California, its delightful climate and its fertile soil are gradually procuring it such consideration as will doubtless lead to the filling up of the surrounding country.

San Diego is the most southern town of Upper California. It is situated on the coast, three miles north of the line separating Upper and Lower California. The harbor is inferior only to that of San Francisco. It is perfectly sheltered by land from the gales at all seasons of the year. Vessels can lie within a cable's length of the beach, there being no surf running upon it. The town is situated about three miles from the beach, and is about the same size as Santa Barbara. It is a place of far greater facilities and promise, however, than the last mentioned town. San Diego has always been the most important depot for hides, upon the coast; and there is no doubt that an extensive inland trade will be carried on between it and the towns in the interior, as the region of the Colorado and the Gila becomes settled. Since the conquest of Upper California and the discovery of the gold, the progress of the town has been rapid. From being an inconsiderable settlement sustained principally by a mission, which had early been established there, it has become a town of great commercial promise. The climate being mild and pleasant, and the surrounding country abounding in game and adapted for grazing, thus making provisions abundant, San Diego is a very desirable place of residence.

The town of San José is situated in a fertile valley, near the most southern extremity of the Bay of San Francisco. On the south of the town runs a small stream, and the place is surrounded by plains, affording fine pasturage. Being situated on the direct route from the southern ports to the gold mines, San José received a considerable stimulus from their discovery. A profitable trade was soon established, and the town improved very rapidly. It is now a town of about four thousand inhabitants, and the increase still continues rapid. In a greater degree than any of the older towns of California, it has all the evidence of a thriving and progressive place. The greater part of the buildings are constructed in a style which shows the inroads of the taste of the people from the Atlantic States. A number of Mormons settled here at an early period, and built a great many neat wooden houses and cottages, which contrast favorably with the heavy old adobés residences of the native inhabitants. Flour and saw-mills have been erected, but the scarcity of water is severely felt by their proprietors.

San José in respect to climate and general abundance of the necessaries and luxuries of life, is one of the most desirable places of residence in California. Though situated a short distance inland, and thus deprived of the facilities which contributed to the rapid growth of San Francisco, the fertile plain surrounding it, and the increase of the inland trade and travel will draw to the town and its neighborhood a thriving, business population. The old mission of San José is situated about ten miles from the town. The establishment and the grounds belonging to it are in a state of decay. The population there is about three hundred in number, most of whom are Indians, and all of them in a degraded condition.

The emigration to the gold region caused many towns to spring up, as if by magic, in its neighborhood, and on the route to it from San Francisco. These were principally the stopping places of the gold-seekers, or the seat of a trade in provisions and articles manufactured in the States and transported thither. Some of these towns have become of a size sufficient to warrant the assertion that they will soon rival the cities of the Atlantic coast of the United States. The progress of these places is aided by the enormous price of real estate in San Francisco.

One of the most promising of the new towns is called Benicia. It is situated on the Strait of Carquinez, thirty-five miles north of San Francisco. The strait forms the entrance of Suisan into Pablo Bay. The site of Benicia is a gentle slope, which, descending to the water, becomes almost a plain. Vessels of the first class can lie at anchor at its bank, and discharge their cargoes, and the harbor is safe from violent winds. The town has been made the head-quarters of the Pacific division of the United States army, and a site for a navy-yard has been selected by Commodore Jones. The marks of governmental favor show in what estimation the position of Benicia is held. The town was laid out in 1848, by Robert Semple and Thomas O. Larkin. Early in 1850, lots were selling at very high rates, and the population numbered more than a thousand persons.

Between Benicia and Sacramento city, several towns have been laid out, all in very favorable positions. The principal are – Martinez, on the southern shore of the strait of Carquinez, nearly opposite Benicia; New York of the Pacific, at the junction of the River San Joaquin with the Bay of Suisan; Suisan, on the west bank of the Sacramento, at a distance of eighty miles from San Francisco.

Next to San Francisco, Sacramento is the largest city in California. It is situated on the eastern bank of the Sacramento River, one hundred miles from San Francisco, and sixty-five from Suisan Bay. It is located on a beautiful plain, which is not elevated more than ten or twelve feet above the river at low water. This being insufficient to protect it from the rise of the waters of the river, several disastrous floods have occurred during the existence of the city. Up to this point, the river is navigable for large class steamers. Ships drawing not more than twelve feet of water may go up that far at all seasons; and, besides these commercial advantages, Sacramento is the natural trading depot for the richest portion of the mining regions.

Where the city of Sacramento now stands, at the time of the gold discovery, there stood, "solitary and alone," a small fort. This formed the nucleus, about which, at the commencement of the rush of emigration, the town soon sprang into existence. Its increase has been almost as rapid as that of San Francisco. During the rainy season of the early part of 1850, the population numbered somewhere between twenty and thirty thousand. But at that period, a considerable portion of the gold-diggers made Sacramento and the other towns in the neighborhood of the mines, their resort, to escape the severity of spending the season at the open and exposed valleys of the gold region. The city is regularly laid out, but its appearance evidences the rapidity of its erection. The greater number of the houses and stores in the neighborhood of the river are constructed of wood, while the outskirts, particularly upon the south, are occupied by the tents of the constantly-arriving overland emigrants. Before the commencement of the last rainy season, the number of these emigrants reached two or three thousand. They squatted upon the vacant lots which had been surveyed and sold to other persons. This caused a considerable agitation in the town, which continued till the disastrous flood swept both the parties off the ground, and thus left the field clear for another commencement. Sacramento is the grand receptacle of the overland emigration, and this, combined with its commercial facilities, will continue to give the city a superiority over the majority of the other places in California.

Adjoining Sacramento city, is the town of Sutter. It is situated on the highest and healthiest ground on the river. It is not, like Sacramento, subject to an annual overflow. The town was originally laid out by Captain Sutter and others; and is owned by Hon. John McDougall, Lieutenant-Governor of California, and Captain Sutter. It has a thriving business population, and its position, and the fertility of the neighboring country will soon make it a place of importance.

Stockton is to the southern portion of the gold region what Sacramento is to the northern. It is situated upon a slough, or a succession of sloughs, containing the back waters formed by the junction of the San Joaquin and Sacramento Rivers. It is about fifty miles from the mouth of the San Joaquin, and one hundred from San Francisco. The ground upon which it is situated is high and is not subject to overflow. Vessels drawing nine feet water can ascend the San Joaquin as far as Stockton, and discharge their cargoes on the bank. In the latter part of 1848, the town was laid out and a frame building erected by Charles M. Weber. In eight months from that time, it contained a population of about two thousand permanent residents, and a large number of temporary residents, on their road to the mines. Communication is with San Francisco by means of steamboats and launches, and the commerce of the town is constantly increasing.

Other towns exist – on paper – in the neighborhood of San Francisco and the gold region, and, doubtless, they will, in the course of time, become settled by a thriving, go-ahead population from the Atlantic States. Land speculation in California is as profitable a business as gold-digging – and less toilsome. Many of the shrewd ones, who early took advantage of this "tide in the affairs of men," have already reached the goal of their hopes, an independent fortune. Those who saw how things would turn out, and purchased land in the neighborhood of the region which promised to receive the principal current of the emigration to California, found themselves wealthy in the short space of a few months.

The great influx of emigrants to Upper California has brought the subject of the settlement of the peninsula into consideration. There is but little doubt that Lower California will, sooner or later, become the property of the United States, and then its settlement and progress will be rapid. The coast upon the gulf affords many excellent harbors, and the mountainous region of the interior gives abundant evidence of mineral wealth, as far as it has been explored. Several silver mines have been opened in different places, the principal of which are at San Antonio, between La Paz and Cape San Lucas. Near Loretto, the first settlement in California, extensive copper mines have been opened, and lead and iron abound in all directions. The pearl fishery of the gulf has already yielded an enormous wealth, having been prosecuted from the time of the discovery of the peninsula. The fishing season lasts from May till November, and more than a hundred vessels are yearly engaged in the business. These resources, despite the general unfitness of the country for agricultural purposes, will soon attract their full share of consideration, and cause an influx of emigrants and adventurers from the United States and other countries. Some portions of the country are susceptible of irrigation, and might thus be rendered fit for cultivation.

The principal port of Lower California is La Paz, situated near the mouth of the gulf. The bay on the shore of which the town is located, is of great extent and beauty, and possesses a large number of rich pearl oyster-beds – the pearl fishery having at one time supplied the chief article of traffic on this part of the coast. The country around the bay is elevated and picturesque, though rugged; the soil being composed principally of rock and sand, wildly and irregularly covered with the most prickly species of stunted bushes and shrubs of sunburnt hue. The town of La Paz is neatly built and presents a pretty appearance. The streets are lined with willow trees, and these meeting overhead, form a delicious shade during the heat of the day. The houses are all constructed of adobés, plastered white, and thatched with the leaves of the palm tree. The beach is lined with palms, cocoa-nut, fig and tamarind trees. La Paz was taken by the American volunteers during the war with Mexico, and considerable destruction of the orchards, gardens and houses of the town was the consequence. The harbor offers great advantages for a naval station, and such, doubtless, it will become.

San José, the most southern town of Lower California, is situated about half-way between Cape San Lucas and Cape Palmo, on a sort of desert plain, extending from the beautiful valley of San José to the ocean. It is located about three miles from the beach, and is one of the strangest creations in the shape of a town imaginable.

The heavy rains and freshets which occur in the wet season, in this region, render every elevation invaluable as a preservative against the dangers of sudden inundations; hence all the houses are built upon steeps, rocks, and hillocks, necessarily irrespective of order; so that, even in the most densely populated districts, barren hills, as yet unoccupied by dwellings, are frequently to be met with, with deep hollows in every part, converting mere visits into positive enterprises, in most instances both tedious and disagreeable. To these great natural disadvantages, the indolence of the inhabitants has added others, their common practice being to dig for adobé clay at the nearest convenient spot, namely, for the most part, opposite their own doors; thus, one would imagine that the site of the whole town had been visited and disturbed by a succession of miniature earthquakes, which, whilst they had left the houses themselves unshaken, had heaved and perched them up in the most uncomfortable positions, and in the most inaccessible places. In the very centre of the principal street, which appears to have once upon a time been level, are three or four immense clay-pits, serving as a receptacle for dead dogs, cats, bones, vegetable refuse, and, in a word, every description of rubbish and nuisance a very dirty population can convey to or discharge in them.

But a description of the town would be incomplete without adding that it is dotted about in these hollows, and in the sand-holes in the rocks, with patches of thorn, brush, and cacti, forming a singular yet refreshing contrast with the general barrenness of the region itself, the whole being surrounded by a bleak mountainous range, which increases in elevation until it blends with the clear sky, far in the distance.

The principal, indeed the only regular street in the town, is wide and long, the houses being constructed of adobés and cane, thatched with palm leaves. It is blocked up at the remoter end by the fort, which stands upon a wide foundation of rock of considerable elevation; various portions of the adobé walls connecting the crags having been pierced, so as to allow artillery to be trained through the embrasures, whilst, in other parts, there are numerous loop-holes for musketry. There are some very awkward cavities amongst these rocks, produced by digging for clay for the adobé work. The fort is flat-roofed and parapetted, having portholes for cannon; and below, in the very centre of the building, occupying about a third of its entire length, runs a thick wall, forming a crescent, well mounted with heavy guns. At the end of this crescent, between it and the front wall, is the entrance to the fort – a mere aperture, barely wide enough to allow of one man's passing in.

These defences proved to be of great advantage to a small party of Americans that landed at San José, during the war between the United States and Mexico, and were compelled to take shelter in the old quartel, or barracks. There they were surrounded by the Californians, and stood a siege of several weeks', suffering incredible hardships. The population of San José numbers about three thousand, the majority being semi-Indians, or the pure descendants of the Mexicans. There is little promise of any considerable increase in the size of the town, owing to the natural disadvantages of situation.

The other towns of Lower California are – San Antonio, in the neighborhood of an extensive silver mine, which has been worked for a long time with considerable profit; Loreto, on the gulf coast, about two hundred miles north of La Paz; San Domingo and Todos Santos, on the Pacific coast. The latter town is situated on the bay of the same name, and is the most northerly part of Lower California. The church and mission buildings at this place are the largest and most imposing structures of the kind in Lower California. The church has a handsome front and a lofty steeple. The mission is the residence of the head of the church in Lower California. There is every reason to believe, that, when the richer portions of Upper California begin to get a little crowded, the tide of emigration will be turned to the south, and the ports of the peninsula will become of great commercial importance. Then, if not before, the country will become the property of the United States, either by way of purchase, or after the manner of Texas.

CHAPTER IX

THE FORMATION OF A STATE GOVERNMENT

The state of things which induced the people of California to form a state government deserves to be fully set forth. Their condition was without precedent in history; and from a statement of that condition, it will be seen that the framing of a constitution and the organization of a state government was the only resource of the Californians. The representations of the report of Thomas Butler King to the government of the United States will not be contradicted, and these we insert.

"The discovery of the gold mines had attracted a very large number of citizens of the United States to that territory, who had never been accustomed to any other than American law, administered by American courts. There they found their rights of property and person subject to the uncertain, and frequently most oppressive, operation of laws written in a language they did not understand, and founded on principles, in many respects, new to them. They complained that the alcaldes, or judges, most of whom had been appointed or elected before the immigration had commenced, were not lawyers by education or profession; and, being Americans, they were, of course, unacquainted with the laws of Mexico, or the principles of the civil law on which they are founded.

"As our own laws, except for the collection of revenue, the transmission of the mails, and establishment of postoffices, had not been extended over that territory, the laws of Mexico, as they existed at the conclusion of the treaty of Guadalupe Hidalgo, regulating the relations of the inhabitants of California with each other, necessarily remained in force;[11 - See American Insurance Company, et al. vs. Canter, 1st Peters' Supreme Court Reports, 542.] yet, there was not a single volume containing those laws, as far as I know or believe, in the whole territory, except, perhaps, in the governor's office at Monterey.

"The magistrates, therefore, could not procure them, and the administration of justice was, necessarily, as unequal and fluctuating as the opinions of the judges were conflicting and variable.

"There were no fee-bills to regulate costs; and, consequently, the most cruel exactions, in many instances, were practised.

"The greatest confusion prevailed respecting titles to property, and the decision of suits involving the most important rights, and very large sums of money depended upon the dictum of the judge.

"The sale of the territory by Mexico to the United States had necessarily cut off or dissolved the laws regulating the granting or procuring titles to land; and, as our own land-laws had not been extended over it, the people were compelled to receive such titles as were offered to them, without the means of ascertaining whether they were valid or not.

"Litigation was so expensive and precarious that injustice and oppression were frequently endured, rather than resort to so uncertain a remedy.

"Towns and cities were springing into existence; many of them without charters or any legal right to organize municipal authorities, or to tax property or the citizens for the establishment of a police, the erection of prisons, or providing any of those means for the protection of life and property which are so necessary in all civil communities, and especially among a people mostly strangers to each other.

"Nearly one million and a half of dollars had been paid into the custom-house, as duties on imported goods, before our revenue laws had been extended over the country; and the people complained bitterly that they were thus heavily taxed without being provided with a government for their protection, or laws which they could understand, or allowed the right to be represented in the councils of the nation.

"While anxiously waiting the action of Congress, oppressed and embarrassed by this state of affairs, and feeling the pressing necessity of applying such remedies as were in their power, and circumstances seemed to justify, they resolved to substitute laws of their own for the existing system, and to establish tribunals for their proper and faithful administration.

"In obedience, therefore, to the extraordinary exigencies of their condition, the people of the city of San Francisco elected members to form a legislature, and clothed them with full powers to pass laws.

"The communities of Sonoma and of Sacramento city followed the example.

"Thus were three legislative bodies organized; the two most distant being only one hundred and thirty miles apart.