These laws required that any one who discovered a valuable mine on private land should first file with the alcalde, or judge of the district, a notice and claim for the benefits of such discovery; then the mine was to be opened and followed for a distance of at least one hundred feet within a specified time, and the claimants must take out samples of the mineral and deposit the same with the alcalde, who was then required to inspect personally the mine, to see that it fulfilled all the conditions of the law, before he could give a written title. In this case the alcalde had been to the mine and had possession of samples of the ore; but, as the mouth of the mine was closed up, as alleged, from the act of God, by a land-slide, it was contended by Ricord and his associates that it was competent to prove by good witnesses that the mine had been opened into the hill one hundred feet, and that, by no negligence of theirs, it had caved in. It was generally understood that Robert J. Walker, United States Secretary of the Treasury, was then a partner in this mining company; and a vessel, the bark Gray Eagle, was ready at San Francisco to sail for New York with the title-papers on which to base a joint-stock company for speculative uses. I think the alcalde was satisfied that the law had been complied with, that he had given the necessary papers, and, as at that time there was nothing developed to show fraud, the Governor (Mason) did not interfere. At that date there was no public house or tavern in San Jose where we could stop, so we started toward Santa Cruz and encamped about ten miles out, to the west of the town, where we fell in with another party of explorers, of whom Ruckel, of San Francisco, was the head; and after supper, as we sat around the camp-fire, the conversation turned on quicksilver in general, and the result of the contest in San Jose in particular. Mason was relating to Ruckel the points and the arguments of Ricord, that the company should not suffer from an act of God, viz., the caving in of the mouth of the mine, when a man named Cash, a fellow who had once been in the quartermaster's employ as a teamster, spoke up: "Governor Mason, did Judge Ricord say that?" "Yes," said the Governor; and then Cash related how he and another man, whose name he gave, had been employed by Ricord to undermine a heavy rock that rested above the mouth of the mine, so that it tumbled down, carrying with it a large quantity of earth, and completely filled it up, as we had seen; "and," said Cash, "it took us three days of the hardest kind of work." This was the act of God, and on the papers procured from the alcalde at that time, I understand, was built a huge speculation, by which thousands of dollars changed hands in the United States and were lost. This happened long before the celebrated McGarrahan claim, which has produced so much noise, and which still is being prosecuted in the courts and in Congress.
On the next day we crossed over the Santa Cruz Mountains, from which we had sublime views of the scenery, first looking east toward the lower Bay of San Francisco, with the bright plains of Santa Clara and San Jose, and then to the west upon the ocean, the town of Monterey being visible sixty miles off. If my memory is correct, we beheld from that mountain the firing of a salute from the battery at Monterey, and counted the number of guns from the white puffs of smoke, but could not hear the sound. That night we slept on piles of wheat in a mill at Soquel, near Santa Cruz, and, our supplies being short, I advised that we should make an early start next morning, so as to reach the ranch of Don Juan Antonio Vallejo, a particular friend, who had a large and valuable cattle-ranch on the Pajaro River, about twenty miles on our way to Monterey. Accordingly, we were off by the first light of day, and by nine o'clock we had reached the ranch. It was on a high point of the plateau, overlooking the plain of the Pajaro, on which were grazing numbers of horses and cattle. The house was of adobe, with a long range of adobe-huts occupied by the semi-civilized Indians, who at that time did all the labor of a ranch, the herding and marking of cattle, breaking of horses, and cultivating the little patches of wheat and vegetables which constituted all the farming of that day. Every thing about the house looked deserted, and, seeing a small Indian boy leaning up against a post, I approached him and asked him in Spanish, "Where is the master?" "Gone to the Presidio" (Monterey). "Is anybody in the house?" "No." "Is it locked up?" "Yes." "Is no one about who can get in?" "No." "Have you any meat?" "No." "Any flour or grain?" "No." "Any chickens?" "No." "Any eggs?" "No." "What do you live on?" "Nada" (nothing). The utter indifference of this boy, and the tone of his answer "Nada," attracted the attention of Colonel Mason, who had been listening to our conversation, and who knew enough of Spanish to catch the meaning, and he exclaimed with some feeling, "So we get nada for our breakfast." I felt mortified, for I had held out the prospect of a splendid breakfast of meat and tortillas with rice, chickens, eggs, etc., at the ranch of my friend Josh Antonio, as a justification for taking the Governor, a man of sixty years of age, more than twenty miles at a full canter for his breakfast. But there was no help for it, and we accordingly went a short distance to a pond, where we unpacked our mules and made a slim breakfast; on some scraps of hard bread and a bone of pork that remained in our alforjas. This was no uncommon thing in those days, when many a ranchero with his eleven leagues of land, his hundreds of horses and thousands of cattle, would receive us with all the grandiloquence of a Spanish lord, and confess that he had nothing in his house to eat except the carcass of a beef hung up, from which the stranger might cut and cook, without money or price, what he needed. That night we slept on Salinas Plain, and the next morning reached Monterey. All the missions and houses at that period were alive with fleas, which the natives looked on as pleasant titillators, but they so tortured me that I always gave them a wide berth, and slept on a saddle-blanket, with the saddle for a pillow and the serape, or blanket, for a cover. We never feared rain except in winter. As the spring and summer of 1848 advanced, the reports came faster and faster from the gold-mines at Sutter's saw-mill. Stories reached us of fabulous discoveries, and spread throughout the land. Everybody was talking of "Gold! gold!" until it assumed the character of a fever. Some of our soldiers began to desert; citizens were fitting out trains of wagons and packmules to go to the mines. We heard of men earning fifty, five hundred, and thousands of dollars per day, and for a time it seemed as though somebody would reach solid gold. Some of this gold began to come to Yerba Buena in trade, and to disturb the value of merchandise, particularly of mules, horses, tin pans, and articles used in mining: I of course could not escape the infection, and at last convinced Colonel Mason that it was our duty to go up and see with our own eyes, that we might report the truth to our Government. As yet we had no regular mail to any part of the United States, but mails had come to us at long intervals, around Cape Horn, and one or two overland. I well remember the first overland mail. It was brought by Kit Carson in saddle-bags from Taos in New Mexico. We heard of his arrival at Los Angeles, and waited patiently for his arrival at headquarters. His fame then was at its height, from the publication of Fremont's books, and I was very anxious to see a man who had achieved such feats of daring among the wild animals of the Rocky Mountains, and still wilder Indians of the Plains. At last his arrival was reported at the tavern at Monterey, and I hurried to hunt him up. I cannot express my surprise at beholding a small, stoop-shouldered man, with reddish hair, freckled face, soft blue eyes, and nothing to indicate extraordinary courage or daring. He spoke but little, and answered questions in monosyllables. I asked for his mail, and he picked up his light saddle-bags containing the great overland mail, and we walked together to headquarters, where he delivered his parcel into Colonel Mason's own hands. He spent some days in Monterey, during which time we extracted with difficulty some items of his personal history. He was then by commission a lieutenant in the regiment of Mounted Rifles serving in Mexico under Colonel Sumner, and, as he could not reach his regiment from California, Colonel Mason ordered that for a time he should be assigned to duty with A. J. Smith's company, First Dragoons, at Los Angeles. He remained at Los Angeles some months, and was then sent back to the United Staten with dispatches, traveling two thousand miles almost alone, in preference to being encumbered by a large party.
Toward the close of June, 1848, the gold-fever being at its height, by Colonel Mason's orders I made preparations for his trip to the newly-discovered gold-mines at Sutter's Fort. I selected four good soldiers, with Aaron, Colonel Mason's black servant, and a good outfit of horses and pack-mules, we started by the usually traveled route for Yerba Buena. There Captain Fulsom and two citizens joined our party. The first difficulty was to cross the bay to Saucelito. Folsom, as quartermaster, had a sort of scow with a large sail, with which to discharge the cargoes of ships, that could not come within a mile of the shore. It took nearly the whole day to get the old scow up to the only wharf there, and then the water was so shallow that the scow, with its load of horses, would not float at the first high tide, but by infinite labor on the next tide she was got off and safely crossed over to Saucelito. We followed in a more comfortable schooner. Having safely landed our horses and mules, we picked up and rode to San Rafael Mission, stopping with Don Timoteo Murphy. The next day's journey took us to Bodega, where lived a man named Stephen Smith, who had the only steam saw-mill in California. He had a Peruvian wife, and employed a number of absolutely naked Indians in making adobes. We spent a day very pleasantly with him, and learned that he had come to California some years before, at the personal advice of Daniel Webster, who had informed him that sooner or later the United States would be in possession of California, and that in consequence it would become a great country. From Bodega we traveled to Sonoma, by way of Petaluma, and spent a day with General Vallejo. I had been there before, as related, in the business of the alcalde Nash. From Sonoma we crossed over by way of Napa, Suisun, and Vaca's ranch, to the Puta. In the rainy season, the plain between the Puta and Sacramento Rivers is impassable, but in July the waters dry up; and we passed without trouble, by the trail for Sutter's Embarcadero. We reached the Sacramento River, then full of water, with a deep, clear current. The only means of crossing over was by an Indian dugout canoe. We began by carrying across our packs and saddles, and then our people. When all things were ready, the horses were driven into the water, one being guided ahead by a man in the canoe. Of course, the horses and mules at first refused to take to the water, and it was nearly a day's work to get them across, and even then some of our animals after crossing escaped into the woods and undergrowth that lined the river, but we secured enough of them to reach Sutter's Fort, three miles back from the embcarcadero, where we encamped at the old slough, or pond, near the fort. On application, Captain Butter sent some Indians back into the bushes, who recovered and brought in all our animals. At that time there was not the sign of a habitation there or thereabouts, except the fort, and an old adobe-house, east of the fort, known as the hospital. The fort itself was one of adobe-walls, about twenty feet high, rectangular in form, with two-story block houses at diagonal corners. The entrance was by a large gate, open by day and closed at night, with two iron ship's guns near at hand. Inside there was a large house, with a good shingle-roof, used as a storehouse, and all round the walls were ranged rooms, the fort wall being the outer wall of the house. The inner wall also was of adobe. These rooms were used by Captain Sutter himself and by his people. He had a blacksmith's shop, carpenter's shop, etc., and other rooms where the women made blankets. Sutter was monarch of all he surveyed, and had authority to inflict punishment even unto death, a power he did not fail to use. He had horses, cattle, and sheep, and of these he gave liberally and without price to all in need. He caused to be driven into our camp a beef and some sheep, which were slaughtered for our use. Already the goldmines were beginning to be felt. Many people were then encamped, some going and some coming, all full of gold-stories, and each surpassing the other. We found preparations in progress for celebrating the Fourth of July, then close at hand, and we agreed to remain over to assist on the occasion; of course, being the high officials, we were the honored guests. People came from a great distance to attend this celebration of the Fourth of July, and the tables were laid in the large room inside the storehouse of the fort. A man of some note, named Sinclair, presided, and after a substantial meal and a reasonable supply of aguardiente we began the toasts. All that I remember is that Folsom and I spoke for our party; others, Captain Sutter included, made speeches, and before the celebration was over Sutter was enthusiastic, and many others showed the effects of the aguardiente. The next day (namely, July 5, 1848) we resumed our journey toward the mines, and, in twenty-five miles of as hot and dusty a ride as possible, we reached Mormon Island. I have heretofore stated that the gold was first found in the tail-race of the stew-mill at Coloma, forty miles above Sutter's Fort, or fifteen above Mormon Island, in the bed of the American Fork of the Sacramento River. It seems that Sutter had employed an American named Marshall, a sort of millwright, to do this work for him, but Marshall afterward claimed that in the matter of the saw-mill they were copartners. At all events, Marshall and the family of Mr. Wimmer were living at Coloma, where the pine-trees afforded the best material for lumber. He had under him four white men, Mormons, who had been discharged from Cooke's battalion, and some Indians. These were engaged in hewing logs, building a mill-dam, and putting up a saw-mill. Marshall, as the architect, had made the "tub-wheel," and had set it in motion, and had also furnished some of the rude parts of machinery necessary for an ordinary up-and-down saw-mill.
Labor was very scarce, expensive, and had to be economized. The mill was built over a dry channel of the river which was calculated to be the tail-race. After arranging his head-race, dam and tub-wheel, he let on the water to test the goodness of his machinery. It worked very well until it was found that the tail-race did not carry off the water fast enough, so he put his men to work in a rude way to clear out the tail-race. They scratched a kind of ditch down the middle of the dry channel, throwing the coarser stones to one side; then, letting on the water again, it would run with velocity down the channel, washing away the dirt, thus saving labor. This course of action was repeated several times, acting exactly like the long Tom afterward resorted to by the miners. As Marshall himself was working in this ditch, he observed particles of yellow metal which he gathered up in his hand, when it seemed to have suddenly flashed across his mind that it was gold. After picking up about an ounce, he hurried down to the fort to report to Captain Sutter his discovery. Captain Sutter himself related to me Marshall's account, saying that, as he sat in his room at the fort one day in February or March, 1848, a knock was heard at his door, and he called out, "Come in." In walked Marshall, who was a half-crazy man at best, but then looked strangely wild. "What is the matter, Marshall!" Marshall inquired if any one was within hearing, and began to peer about the room, and look under the bed, when Sutter, fearing that some calamity had befallen the party up at the saw-mill, and that Marshall was really crazy, began to make his way to the door, demanding of Marshall to explain what was the matter. At last he revealed his discovery, and laid before Captain Sutter the pellicles of gold he had picked up in the ditch. At first, Sutter attached little or no importance to the discovery, and told Marshall to go back to the mill, and say nothing of what he had seen to Mr. Wimmer, or any one else. Yet, as it might add value to the location, he dispatched to our headquarters at Monterey, as I have already related, the two men with a written application for a preemption to the quarter-section of land at Coloma. Marshall returned to the mill, but could not keep out of his wonderful ditch, and by some means the other men employed there learned his secret. They then wanted to gather the gold, and Marshall threatened to shoot them if they attempted it; but these men had sense enough to know that if "placer"-gold existed at Coloma, it would also be found farther down-stream, and they gradually "prospected" until they reached Mormon Island, fifteen miles below, where they discovered one of the richest placers on earth. These men revealed the fact to some other Mormons who were employed by Captain Sutter at a grist-mill he was building still lower down the American Fork, and six miles above his fort. All of them struck for higher wages, to which Sutter yielded, until they asked ten dollars a day, which he refused, and the two mills on which he had spent so much money were never built, and fell into decay.
In my opinion, when the Mormons were driven from Nauvoo, Illinois, in 1844, they cast about for a land where they would not be disturbed again, and fixed on California. In the year 1845 a ship, the Brooklyn, sailed from New York for California, with a colony of Mormons, of which Sam Brannan was the leader, and we found them there on our arrival in January, 1847. When General Kearney, at Fort Leavenworth, was collecting volunteers early in 1846, for the Mexican War, he, through the instrumentality of Captain James Allen, brother to our quartermaster, General Robert Allen, raised the battalion of Mormons at Kanesville, Iowa, now Council Bluffs, on the express understanding that it would facilitate their migration to California. But when the Mormons reached Salt Lake, in 1846, they learned that they had been forestalled by the United States forces in California, and they then determined to settle down where they were. Therefore, when this battalion of five companies of Mormons (raised by Allen, who died on the way, and was succeeded by Cooke) was discharged at Los Angeles, California, in the early summer of 1847, most of the men went to their people at Salt Lake, with all the money received, as pay from the United States, invested in cattle and breeding-horses; one company reenlisted for another year, and the remainder sought work in the country. As soon as the fame of the gold discovery spread through California, the Mormons naturally turned to Mormon Island, so that in July, 1848, we found about three hundred of them there at work. Sam Brannan was on hand as the high-priest, collecting the tithes. Clark, of Clark's Point, an early pioneer, was there also, and nearly all the Mormons who had come out in the Brooklyn, or who had staid in California after the discharge of their battalion, had collected there. I recall the scene as perfectly to-day as though it were yesterday. In the midst of a broken country, all parched and dried by the hot sun of July, sparsely wooded with live-oaks and straggling pines, lay the valley of the American River, with its bold mountain-stream coming out of the Snowy Mountains to the east. In this valley is a fiat, or gravel-bed, which in high water is an island, or is overflown, but at the time of our visit was simply a level gravel-bed of the river. On its edges men were digging, and filling buckets with the finer earth and gravel, which was carried to a machine made like a baby's cradle, open at the foot, and at the head a plate of sheet-iron or zinc, punctured full of holes. On this metallic plate was emptied the earth, and water was then poured on it from buckets, while one man shook the cradle with violent rocking by a handle. On the bottom were nailed cleats of wood. With this rude machine four men could earn from forty to one hundred dollars a day, averaging sixteen dollars, or a gold ounce, per man per day. While the' sun blazed down on the heads of the miners with tropical heat, the water was bitter cold, and all hands were either standing in the water or had their clothes wet all the time; yet there were no complaints of rheumatism or cold. We made our camp on a small knoll, a little below the island, and from it could overlook the busy scene. A few bush-huts near by served as stores, boardinghouses, and for sleeping; but all hands slept on the ground, with pine-leaves and blankets for bedding. As soon as the news spread that the Governor was there, persons came to see us, and volunteered all kinds of information, illustrating it by samples of the gold, which was of a uniform kind, "scale-gold," bright and beautiful. A large variety, of every conceivable shape and form, was found in the smaller gulches round about, but the gold in the river-bed was uniformly "scale-gold." I remember that Mr. Clark was in camp, talking to Colonel Mason about matters and things generally, when he inquired, "Governor, what business has Sam Brannan to collect the tithes here?" Clark admitted that Brannan was the head of the Mormon church in California, and he was simply questioning as to Brannan's right, as high-priest, to compel the Mormons to pay him the regular tithes. Colonel Mason answered, "Brannan has a perfect right to collect the tax, if you Mormons are fools enough to pay it." "Then," said Clark, "I for one won't pay it any longer." Colonel Mason added: "This is public land, and the gold is the property of the United States; all of you here are trespassers, but, as the Government is benefited by your getting out the gold, I do not intend to interfere." I understood, afterward, that from that time the payment of the tithes ceased, but Brannan had already collected enough money wherewith to hire Sutter's hospital, and to open a store there, in which he made more money than any merchant in California, during that summer and fall. The understanding was, that the money collected by him as tithes was the foundation of his fortune, which is still very large in San Francisco. That evening we all mingled freely with the miners, and witnessed the process of cleaning up and "panning" out, which is the last process for separating the pure gold from the fine dirt and black sand.
The next day we continued our journey up the valley of the American Fork, stopping at various camps, where mining was in progress; and about noon we reached Coloma, the place where gold had been first discovered. The hills were higher, and the timber of better quality. The river was narrower and bolder, and but few miners were at work there, by reason of Marshall's and Sutter's claim to the site. There stood the sawmill unfinished, the dam and tail-race just as they were left when the Mormons ceased work. Marshall and Wimmer's family of wife and half a dozen children were there, guarding their supposed treasure; living in a house made of clapboards. Here also we were shown many specimens of gold, of a coarser grain than that found at Mormon Island. The next day we crossed the American River to its north side, and visited many small camps of men, in what were called the "dry diggings." Little pools of water stood in the beds of the streams, and these were used to wash the dirt; and there the gold was in every conceivable shape and size, some of the specimens weighing several ounces. Some of these "diggings" were extremely rich, but as a whole they were more precarious in results than at the river. Sometimes a lucky fellow would hit on a "pocket," and collect several thousand dollars in a few days, and then again he would be shifting about from place to place, "prospecting," and spending all he had made. Little stores were being opened at every point, where flour, bacon, etc., were sold; every thing being a dollar a pound, and a meal usually costing three dollars. Nobody paid for a bed, for he slept on the ground, without fear of cold or rain. We spent nearly a week in that region, and were quite bewildered by the fabulous tales of recent discoveries, which at the time were confined to the several forks of the American and Yuba Rivers.' All this time our horses had nothing to eat but the sparse grass in that region, and we were forced to work our way down toward the Sacramento Valley, or to see our animals perish. Still we contemplated a visit to the Yuba and Feather Rivers, from which we had heard of more wonderful "diggings;" but met a courier, who announced the arrival of a ship at Monterey, with dispatches of great importance from Mazatlan. We accordingly turned our horses back to Sutter's Fort. Crossing the Sacramento again by swimming our horses, and ferrying their loads in that solitary canoe, we took our back track as far as the Napa, and then turned to Benicia, on Carquinez Straits. We found there a solitary adobe-house, occupied by Mr. Hastings and his family, embracing Dr. Semple, the proprietor of the ferry. This ferry was a ship's-boat, with a latteen-sail, which could carry across at one time six or eight horses.
It took us several days to cross over, and during that time we got well acquainted with the doctor, who was quite a character. He had come to California from Illinois, and was brother to Senator Semple. He was about seven feet high, and very intelligent. When we first reached Monterey, he had a printing-press, which belonged to the United States, having been captured at the custom-house, and had been used to print custom-house blanks. With this Dr. Semple, as editor, published the Californian, a small sheet of news, once a week; and it was a curiosity in its line, using two v's for a w, and other combinations of letters, made necessary by want of type. After some time he removed to Yerba Buena with his paper, and it grew up to be the Alta California of today. Foreseeing, as he thought, the growth of a great city somewhere on the Bay of San Francisco, he selected Carquinez Straits as its location, and obtained from General Vallejo a title to a league of land, on condition of building up a city thereon to bear the name of Vallejo's wife. This was Francisca Benicia; accordingly, the new city was named "Francisca." At this time, the town near the mouth of the bay was known universally as Yerba Buena; but that name was not known abroad, although San Francisco was familiar to the whole civilized world. Now, some of the chief men of Yerba Buena, Folsom, Howard, Leidesdorf, and others, knowing the importance of a name, saw their danger, and, by some action of the ayuntamiento, or town council, changed the name of Yerba Buena to "San Francisco." Dr. Semple was outraged at their changing the name to one so like his of Francisca, and he in turn changed his town to the other name of Mrs. Vallejo, viz., "Benicia;" and Benicia it has remained to this day. I am convinced that this little circumstance was big with consequences. That Benicia has the best natural site for a commercial city, I am, satisfied; and had half the money and half the labor since bestowed upon San Francisco been expended at Benicia, we should have at this day a city of palaces on the Carquinez Straits. The name of "San Francisco," however, fixed the city where it now is; for every ship in 1848-'49, which cleared from any part of the world, knew the name of San Francisco, but not Yerba Buena or Benicia; and, accordingly, ships consigned to California came pouring in with their contents, and were anchored in front of Yerba Buena, the first town. Captains and crews deserted for the gold-mines, and now half the city in front of Montgomery Street is built over the hulks thus abandoned. But Dr. Semple, at that time, was all there was of Benicia; he was captain and crew of his ferry boat, and managed to pass our party to the south side of Carquinez Straits in about two days.
Thence we proceeded up Amador Valley to Alameda Creek, and so on to the old mission of San Jose; thence to the pueblo of San Jose, where Folsom and those belonging in Yerba Buena went in that direction, and we continued on to Monterey, our party all the way giving official sanction to the news from the gold-mines, and adding new force to the "fever."
On reaching Monterey, we found dispatches from Commodore Shubrick, at Mazatlan, which gave almost positive assurance that the war with Mexico was over; that hostilities had ceased, and commissioners were arranging the terms of peace at Guadalupe Hidalgo. It was well that this news reached California at that critical time; for so contagious had become the "gold-fever" that everybody was bound to go and try his fortune, and the volunteer regiment of Stevenson's would have deserted en masse, had the men not been assured that they would very soon be entitled to an honorable discharge.
Many of our regulars did desert, among them the very men who had escorted us faithfully to the mines and back. Our servants also left us, and nothing less than three hundred dollars a month would hire a man in California; Colonel Mason's black boy, Aaron, alone of all our then servants proving faithful. We were forced to resort to all manner of shifts to live. First, we had a mess with a black fellow we called Bustamente as cook; but he got the fever, and had to go. We next took a soldier, but he deserted, and carried off my double-barreled shot-gun, which I prized very highly. To meet this condition of facts, Colonel Mason ordered that liberal furloughs should be given to the soldiers, and promises to all in turn, and he allowed all the officers to draw their rations in kind. As the actual valve of the ration was very large, this enabled us to live. Halleck, Murray, Ord, and I, boarded with Dona Augustias, and turned in our rations as pay for our board.