During the early part of the conquest of California, the western boundary of the whole American possessions was undefined, and a source of danger between England and the United States; but happily, on the 15th of June, 1846, a treaty was concluded between the two nations, confirming the western boundary of the American republic, and also confirming the title of the United States to the Territory of Oregon, the boundary line being "the forty-ninth degree of latitude from the Stony mountains west to the middle of the channel which separates Vancouver island from the continent; thence southerly through the middle of the channel and to Fuca straits to the Pacific ocean."

The more fully to define and illustrate to the reader the origin of the legal Spanish and American titles to California, and to understand the chain of titles, let it be remembered that the Portuguese, previous to the discovery of America by Columbus in 1492, had discovered the Azore islands, in longitude thirty-one west; in consequence of which, all the discoveries made by Columbus were claimed to belong to the crown of Portugal, and that Spain had no title to them and that her subjects should be excluded from these possessions. This proposition was rejected by Spain. The dispute upon the right of possession between Spain and Portugal to these countries was referred to Pope Alexander VI-the law of nations and the adopted law of the world then recognizing the pope as the ultimate source of all temporal power. He was king of kings, making and unmaking them and their possessions at will, without recourse upon the part of the dethroned. The origin and source of all landed titles was conceded to be in his infallible holiness.

On the 3d day of May, A. D. 1493, the pope rendered his decision between the crowns of Spain and Portugal. By his decree, all countries inhabited by infidels, already discovered by or which might be discovered by the Spanish, west of one hundred leagues west of the Azores, he granted to Spain; and all lying east of that line to Portugal. In 1494, a treaty between the Kings of Spain and Portugal moved this boundary two hundred and seventy leagues further west. The boundaries thus established continued to be respected by all nations; and, when an infringement of it was attempted through the avarice of King Henry VII of England, who attempted to possess himself of a portion of the territory granted to Spain, a bull from his holiness the pope caused him to abandon his designs. Thus it will be seen that the chain of title to California was, first, by the discoveries of Spain and Portugal; then by the decree and division by Pope Alexander granting it to Spain; from Spain to Mexico by revolution; from Mexico by conquest and treaty to the United States.

In conjunction and illustration of the foregoing history of American title and claim to the northern boundary of the republic, the following extracts from a speech delivered in the United States Senate, on the 12th day of January, 1843, by the Hon. Thomas H. Benton, may serve a good purpose.

Mr. Benton, speaking upon the northern boundary question, said:

"The treaties of 1803 and 1819; the former with France, by which we acquired Louisiana; the latter with Spain, by which we acquired all her rights on the northwest coast of America north of forty-two degrees. By the first of these treaties we became a party to the tenth article of the treaty of Utrecht between France and

England, the treaty of peace of 1714, which terminated the wars of Queen Anne and Louis XIV, and settled all their differences of every kind in Europe and America, and undertook to prevent the recurrence of future differences between them. The tenth article of this treaty applied to their settlements and territories in North America, and directed commissioners to be appointed to mark and define their possessions. These commissioners did their work. They drew a line from ocean to ocean, to separate the French and British dominions, and to prevent further encroachments and collisions. This line began on the coast of Labrador, and followed a course slightly southwest to the centre of North America, leaving the British settlements of Hudson bay to the north, and the French Canadian possessions to the south. This line took for a landmark the Lake of the Woods, which was then believed to be due east from the head of the Mississippi; and from that point took the forty-ninth parallel of latitude indefinitely to the west. The language is 'indefinitely;' and this established the northern boundary of Louisiana, and erected a wall beyond which future French settlements could not cross to the north nor British to the south.

"As purchasers of Louisiana, the treaty of 1803 made us a party to the tenth article of the treaty of Utrecht, and made the forty-ninth parallel the same to us and the British which it had been to the French and the British: it became a wall which neither party could pass, so far as it depended upon that line."

California, from her permanent occupation by Spain and the establishment of her rule in 1767, to 1822-a term of fifty-five years-had ten Governors. Under twenty-four years of Mexican rule-from 1822 to 1846 -she had thirteen governors; and under the American military rule of four years-from July 7, 1846, to September 9, 1850-had six military governors.

But three nations had appointed consuls in California previous to the American occupation of the country. In 1843, Thomas O. Larkin, an American, who arrived in California in 1836, was appointed United States consul which office he held until July 7, 1846, when

Commodore Sloat took possession of the country in the name of the United States. In 1844, James A. Forbes was appointed the first consul from Great Britain, which office he still held at the time of the American occupation. In May, 1845, Don Louis Gasquet was appointed French consul, which office he held until 1847, when he was succeeded by M. Movenhaut. All these officers resided at the Mexican capital of the Territory, Monterey.

CHAPTER IX.

California under American rule-Population in 1842 and 1845Arrival of Mormons at San Francisco-Population in 1848-In 1870-Composition of population of San Francisco in 1842— Establishment of Mission Dolores-First house built in San Francisco-First child born-Hudson Bay Company at San Francisco -First newspaper in California-First school-First Protestant minister-First Protestant church-First steamboat-Discovery of gold-Sutter and Marshall-First mining-Rush to the mines -Official notice of the gold discovery-Early gold-seekersAdvent of the Chinese.

No sooner was California in the possession of the Americans, and the flag of the republic waving its protecting folds over the land, than new life was infused into every branch of commerce, trade, and industry; and the Spanish, Mexicans, and Indians began to seek seclusion or oblivion before the march of the invader, who laughed at the tame realities of life, so soon to give place to scenes of commercial enterprise, industry, speculation, and wild excitement hitherto unknown in the annals of history.

The total white population of California, in 1845, is estimated to have been about eight thousand. During the years 1846 and 1847, considerable emigration had found its way from Oregon, over the Rocky mountains, and by sea.

On the 31st of July, 1846, the ship Brooklyn, from New York, with about two hundred and thirty Mormons, under the leadership of Samuel Brannan, arrived at San Francisco, with the intention of founding a Mormon settlement.

At the beginning of 1848. it was estimated that the