What I Saw in California
By Edwin Bryant

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Chapter XIV.

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

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

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

Although I have long known Gen. S.W. Kearny from reputation, and saw him at Los Angeles, I was here introduced to him for the first time. Gen. K. is a man rising fifty years of age. His height is about five feet ten or eleven inches. His figure is all that is required by symmetry. His features are regular, almost Grecian; his eye is blue, and has an eagle-like expression, when excited by stern or angry emotion; but, in ordinary social intercourse, the whole expression of his countenance is mild and pleasing, and his manners and conversation are unaffected, urbane, and conciliatory, without the slightest exhibition of vanity or egotism. He appears the cool, brave, and energetic soldier; the strict disciplinarian, without tyranny; the man, in short, determined to perform his duty, in whatever situation he may be placed, leaving consequences to follow in their natural course. These, my first impressions, were fully confirmed by subsequent intercourse, in situations and under circumstances which, by experience, I have found an unfailing alembic for the trial of character–a crucible wherein, if the metal be impure, the drossy substances are sure to display themselves. It is not my province to extol or pronounce judgment upon his acts; they are a part of the military and civil history of our country, and as such will be applauded or condemned, according to the estimate that may be placed upon them. But I may be allowed to express the opinion, that no man, placed under the same circumstances, ever aimed to perform his duty with more uprightness and more fidelity to the interests and honour of his country, or who, to shed lustre upon his country, ever braved greater dangers, or endured more hardships and privations, and all without vaunting his performances and sacrifices.

On the 16th, in company of Gen. Kearny, Capt. Turner, and Lieuts. Warner and Hallock, of the U.S. Engineer Corps, I rode to the Presidio of San Francisco, and the old fortification at the mouth of the bay. The presidio is about three miles from the town, and consists of several blocks of adobe buildings, covered with files. The walls of most of the buildings are crumbling for the want of care in protecting them from the annual rains; and without this care they will soon become heaps of mud. The fort is erected upon a commanding position, about a mile and a half from the entrance to the bay. Its walls are substantially constructed of burnt brick, and are of sufficient thickness and strength to resist heavy battering. There are nine or ten embrasures. Like everything else in the country belonging to the public, the fort is fast falling into ruins. There has been no garrison here for several years; the guns are dismounted, and half decomposed by long exposure to the weather, and from want of care. Some of them have sunk into the ground.

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

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

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

Proclamation to the People of California.

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

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

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

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

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

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

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

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

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

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

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

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

“After occupying with our forces all necessary points in Upper California, and establishing a temporary civil government therein, as well as assuring yourself of its internal tranquillity, and the absence of any danger of reconquest on the part of Mexico, you may charge Colonel Mason, United States first dragoons, the bearer of this open letter, or land officer next in rank to your own, with your several duties, and return yourself, with a sufficient escort of troops, to St. Louis, Missouri; but the body of the United States dragoons that accompanied you to California will remain there until further orders.”

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

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

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

“In past time they have been repeatedly pursued, and many of them killed, and whole villages destroyed, but, so far from being deterred, they are continually becoming more bold and daring in their robberies, as horses become scarcer and more carefully guarded. About twenty persons have been killed by them within the knowledge of the writer. Among others, Mr. Lindsay and Mr. Wilson were killed by them not long ago. Only about one month since, they shot and dangerously wounded four persons employed on the farm of Mr. Weber, near the Pueblo of St. Joseph, and at the same time stole the horses of the farm, and those also from the farms of Captain Fisher and Mr. Burnal, in the same vicinity; in all, about two hundred head. Within the last ten days numerous parties of them have been committing depredations on many of the farms in the jurisdiction of the Contra Costa, and scarcely a night passes but we hear of their having stolen horses from some one. Three days ago, a party of them were met by some young men who had been out catching wild horses on the plains of the St. Joaquin, but as they were mounted on tired animals, they were only able to recapture the stolen horses, but could not overtake the thieves.”

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

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

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

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

The policy of the Mexican government has been to encourage in certain localities the erection of pueblos, or towns, and for this purpose they have made grants of land to the local authorities, or municipalities, within certain defined limits, to be regranted upon application, in lots of fifty or one hundred varass, as the case may be, to persons declaring their intention to settle and to do business in the town. For these grants to individuals a certain sum of money is paid, which goes into the treasury of the municipality. The magistrates, however, without special permission, have no power to grant lots of land within a certain number of feet of or below high-water mark. The power is reserved to be exercised by the governor of the province. It being necessary for the convenient landing of ships, and for the discharging and receiving of their cargoes, that the beach in front of the town of San Francisco should be improved with wharfs, etc., etc., and that titles should be granted to individuals who otherwise would make no durable improvements. As magistrate of the town, in compliance with the request of numerous citizens, I solicited from General Kearny, the acting governor, a relinquishment, on the part of the general government, of the beach lands in front of the town in favour of the municipality, under certain conditions. This was granted by the Governor, who issued a decree dated 10th March, permitting the sales by auction of all such grounds adjacent to the water-side as might be found adapted to commercial purposes, with the exception of such lots as might be selected for the use of the United States government, by its proper officers. The sales accordingly took place, the lots were eagerly purchased, and the port has already become a place of considerable commercial activity.

Continue...

Chapter I.  •  Chapter II.  •  Chapter III.  •  Chapter IV.  •  Chapter V.  •  Chapter VI.  •  Chapter VII.  •  Chapter VIII.  •  Chapter IX.  •  Chapter X.  •  Chapter XI.  •  Chapter XII.  •  Chapter XIII.  •  Chapter XIV.  •  Chapter XV.  •  Chapter XVI.  •  Chapter XVII.  •  Chapter XVIII.  •  Appendix.  •  Journey From Arkansas to California.

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By Edwin Bryant
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