CALIFORNIA, [From the Spectator, Sept. 8]

New Zealand Spectator and Cook's Strait Guardian, Volume VI, Issue 484, 23 March 1850, Page 4

CALIFORNIA, [From the Spectator, Sept. 8 ]

.A letter from the Times' " own correspondent" at San Francisco, dated July 2, gives by far the completest account which has appeared of the state of things in California. Passing over minor prodigies — such as the rental of "the hotel" of the place being £15.000 a year, that of a single room for a counting-house being £150 a month, and houses being altogether so scarce that it was proposed to haul up the hundred ships lying idle in the bay and turn them into habitations by cutting doors and windows in their sides — we invite attention lo the following illustrations of political and social developments : — " In California there is de facto no government and no administration of justice. Those establishments are in a novel if not in an unprecedented state. General Riley is Governor of California, and resides at Monterey, the nominal seat of government. Commodore Jones is Commander-in-chief of the nival, forces, and has his flag hoisted on board tb« Warren frigate, at present in San Franchfeb bifbour ; and General. Smith is Com-

mander-in-chief of tbe land forces iv California and Oregon, and has hii head-quarters in Sanr Francisco* Thia array of authority looks well on paper, but from tbe desertion of soldiers and sailors (particularly the former) the arm of military power is almost power* less. The military are posted in different parts of the country ; a few at the Presidio of San Francisco, about three miles and a half from this, situated near tbe entrance to the harbour from the ocean. A small party of men is at Fenicia ; and several small parties are posted at different parts of the Sacramento river, tbe great highway to the gold region. All the soldiers are allowed indulgences to preserve their fidelity. Those at the Presidio are permitted to ccme into San Francisco to work at all manner of jobs on their own account, by turns, on leave of absence. They are also allowed the use of the government cars and waggons, which they let out on job ; wbile the men in the interior are allowed furloughs to go to the * placeros,' to try their hands at ' digging,' by turns ; the produce of their labours forming a common fund. " In the absence of legislative measures by the American Congress for the government of California, the administration of the country is attempted to be carried on by a mixed and necessarily confused system of Spanish law, grafted on American institutions, which it is found impossible to amalgamate and impracticable to work. The only semblance of a court of justice which exists in San Francisco is that vested in the office of Alcalde. The functions and attributes of this magistrate, if fully carried out according to Spanish (Mexican) law, are incompatible with American notions of civil and criminal jurisprudence — inconsistent with free institutions, and totally repugnant to the feelings and sentiments of American citizens. Hence a good deal of bitterness of feeling has been engendered, and a conflict has arisen between the Alcalde (an American) and many, of his fellow citizens." The writer gives" 'an amusing summary of the contest :-" SbYne ninths back, a public election took place here by universal suffrage in the widest sense of the term (for votes were admitted without regard to qualification by citizenship) for the oiuirisibte'dbject of supplying the - district with * government. Out of the members so elected had sprurtg-a body styling itself 'The Legislative Assembly of the district of San Francisco.' This Assembly completed its arrangements by appointing a staff of salaried officers* such as a | Speaker,' « Clerk/ • Sheriffs/ &c; One of its earliest acts Was to abolish tbe office of Alcalde, on a charge of malfeasance, preferred or alleged against the officer filling the office. It then called upon the officer to deliver up the archives of his office. The Alcalde resisted, and applied to General Riley, the Governor." Some weeks were spent in fruitless negotiation. "At length the Assembly brought the affair to an issue, by sending us Sheriff with a posse, who took possession of the records vi et armis. The Alcalde showed fight on the occasion, by presenting a loaded pistol, which, as he told me, he always kept at hand, 'as an auxiliary in the dispensing of justice' from the judgment-seat, and threatening to fire at any one who touched bis ' papers.' The Sheriff had anticipated him. He presented his six-barrel-revolver at the 'head of the magistrate ; when the latter, as he expressed himself the next day, ' seeing his chance of the first shot to be lost, gave up further resistance. ' The Sheriff and his satellites possessed themselves of what books and papers they thought might be the records of tbe office, and carried them away to the " Hali of the Assembly,' where they remain locked up, and inaccessible to the public. The dethroned Alcalde preferred a second complaint in person to the Governor at Monterey ; whereupon a proclamation was issued, repudiating the conduct of the Assembly, on the ground that its members had ' usurped powers which are vested only in the Congress of the United States.' "In the absence of a constitutional and universally acknowledged and respected government, of an effective military force, of legally appointed tribunals of .justice,, of municipal authorities, of a militia, and of police, it would naturally be supposed that this country was in a state of anarchy, confusion, and disorder, if not of riot, rapine and bloodshed. This is far from being the case, however extraordinary the assertion may appear. Merchandise of all sorts, furniture, and liquors, are exposed in the streets, on the beach, in open yards — in short, all over the town, owing to the want of warehouse room for storage, and remain, except in very few and solitary instances, untouched by the hands of the robber and the thief. " The trade of this place does not increase in proportion to the increase of emigration ; because a great many of the emigrants bring goods for sale and provisions for their own use, besides houses to live in. The trade of the place is much overdone, and there is a glut of many goods in the market ; the fleet of merchantmen tad# in tht harbour having

brought varied and large cargoes from all pfcrtfe, so that a va»t amount of money trill be lost by shippers generally. ' What must be provided for, in a great measure, are the desires, whims, tastes and caprices of men hitherto unused to wealth, suddenly enriched by gold-digging, carried away by sudden impulses imo'a vortex of extravagance and all soits of wild indulgences ; reckless in their expenditure, and indulging in luxuries that they formerly knew only by name. Hence the great demand for champagne and liquors of the first class, and of preserved meats and fruits, and other delicacies, which has all along existed, and which still continues, although the increased supply has lowered the price." In respect to "the diggings," the correspondent gives full and interesting extracts from the journal of a friend, whom he describes as " a scientific and practical miner, at present engaged with a party of fourteen men on the Juba river," and .whose " information may be relied on." "I am at present (June 1849)," writes the 'friend, " working at a place on the Juba where the gold has already been taken from the surface ; and I find that the deeper I dig the richer the earth is. As a proof that this gold is alluvial (or brought down by the river), it is found in greater quantities at a bend where the river forms a bar. I have also observed, that where the hills on the sides of the river are bold and precipitate, the auriferous deposit is generally greater than where they run in a gentle slope. As yet, I have seen no veins of gold in these mountains ; but a specimen of gold embedded in a matrix of white quartz was shown to me, said to have been brought from the Snowy Ridge. It was exceedingly rich, the greatest part of the ston* (ore) being pure gold, and weighing about 41b. troy. " Although there has been much exaggeration in the statements with regard to the gold in California, which I had seen previous to my arrival in this country, nevertheless, its riches appear almost incredible, and I have much hesitation in stating the quantities of gold which I know persons to have washed out in a very short time, i will confine myself to the fact which has come under my own personal observation, that a man with a common washing-pan, which is merely a round wooden bowl, containing about the fourth part of a bashel of earth, in six or seven hours' labour obtains from one to two ounces of gold of pure gold too ; and this (He men under ray direction are actually doing. Le me remark, that this is a sum which has never been got out of the gold-washings of Chili or Peru, by a regular routine "of labour, at their highest pitch of fertility since the couquest." The following was. taken down from the friend's dictation : it confirms the preceding remarks applying to the coast ports, — " I will conclude with the. mention of perhaps the most remarkable fact connected with this remarkable country ; which is, that although we are entirely without laws or authority in the mines (as indeed is the case in all other parts of ,the country), and although the miners are generally composed of a bold, daring, and adventurous race, a code of honor and justice has been voluntarily established amongst themselves, which is strictly observed. No miner encroaches upon the washing-ground of his neighbour, although he sees sometimes that it is vastly richer than his own. Robbery has been hitherto entirely unknown ; and you leave your tent, containing your goods* provisions, and gold (the latter buried, however), and go out to f jour labour without leaving behind any other safeguard than the good faith of your neighbours, which on the river Juba has never been violated ; though, in case of violation, it has been agreed upon by all that summary and severe chastisement would follow. The penalty of a conviction of robbery before a jury of miners would be certain and speedy death by hanging to a bough of the nearest tree." A correspondent of the JV«« York 7Vibune at Columma Mills, California, narrates Lynch-law proceedings by the white settlers against the " miserable wretches of Indians, very little above the monkey tribe," which equal any atrocities of past times and savage countries in their revolting barbarity. Five Oregon men had been killed in the Roidalle Fork, and a war-party of thirty settlers set out to track the tribe suspected of the homicide. The tribe was overtaken, and attacked ; twenty-seven men were killed in the conflict, and thirty-seven men and three women made prisoners, and marched to the Columma station. The writer in the Tribune aays — "One of the war-party as he rode by me, called my attention to the false hair hanging i down each side of his horse's head ; which was too readily perceived, by its black, straight, and shining appearance, to be the I scalps of Indians. Another drew his knife, and, exhibiting the blade covered with blood, laid 'That this had dons it* work; I

•hall lay it by.' The wretched prisoner* were marched from one end of the village to the other, and made to sit or squat down in tows under the trees, where they were questioned'through an interpreter. Two of them were found guilty. Suspicions weri entertained against fire othert ; who, with' the two already doomed, were retained, and thY others set free. " A meeting was called, and a messenger sent for Captain Sutter to come up and try them ; but he having been threatened with death from the whites; as Well as the Indians, gave that as his reason for Dot coming. When the messenger returned, the council, consisting principally of the war-ptrty, met and concluded to try them that afternoon ; and at six' o'clock, one of them that could converse with the Indians told them that they were to' be marched, out to take their seats upon aiog and" have their trial. ' He also stated tbat tHere had been enough evidence given to* convict two of them, and that the others would probably be cleared. The poor wretches then followed the chiefs out to a triangular space, bounded on one side by the bills, on another by the village, and on the other by* the' rapid current of the swollen rivef\ When within five paces of the pine 1 tree, which that night had been laid low by one of the peaceful and industrious inhabitants to build him a shelter for the coming winter, they broke and ran, some towards the hills, and others towards the river. Tbe order was given to fire, and two immediately fell, one upon the log on which he was to have been tried, the other six or seven paces beyond ; and the others who had fled to the hills were overtaken and stabbed with bowieknives. Of the two who plunged into the almost freezing waters' of the American Fork, one was shot, but yet swam till halfway across the river, when some white men were seen running down the opposite bank to head him off. He immediately turned and swam back to the shore from which he had first plunged ; and when he reached the brush which grew along the bank, one of the Oregon men drew one of Colt's revolvers, and put a ball through bis brain ; he never moved afterwards ; and when I passed again a few minutes after, he was still entangled in the bushes, but nothing more than the back of bis head coulJ be seen. The other swam to tbe opposite shore, but was prevented from landing by two mounted men, who threw stones at him, nntil one of the' numerous stones from this side struck his 1 head^ and be sank to rise no more. When the' chase was over, and the party returned to where the first shots were fired, the two Indians were still alive ; one was lying on his face, with his bed blanket spread over him. One of the captors, perceiving that he still breathed, drew a knife and plunged it into his side, while -another beat his brains out wi h a large stone. The other miserable victim, who fell over the log, and whom I saw making an effort to rise immediately after he was shot, ' at this time was laid parallel with the trunk of the tree ; another ball had extinguished the little life that the first fire had left ; and his only garment, a spotted calico shfrt, Was burning, having been set on fire by the fire' from the pistol, so near was the muzzle when ' he was shot. Furthei to the left, on the side of the hill, I saw another of the party bending over the body of his victim, busily engaged in removing the scalp. " Captain. Greenwood proposed burying the Indians near where they fell. 'No, no!' Was the cry ; ' they burned the bodies of our men, and we will burn them.' But Greenwood's ~ influence prevailed, and the bodies, were cot vered with earth. All that I have related as having taken place here I saw. . . " I have little doubt that tbe innocent suffered in this case as well at the guilty. But I will make no comments ; every one has a right to his own opinion. '• The war-party, e«rly- the" next, day:, with few exceptions.left and took up their quarter! on the ether side of the river, intending to 1 move off over the Rocky Mountains, At the ! time this tragedy was being performed, Mrs. Wimmer represents the Indians who have been encamped in the village, as being in a dreadful state of alarm. She states that they ran to her, and begged her to save them, as they feared that they were a]l to meet with the same fate. Tbat evening they were gathered around their fires crying like so many children ; but before the sun shone upon this valley they had departed, and now not one /rf them is to be seen here, neither has there been since this sad catastrophe."