Val. Union, June 22, 1872; Panamá Star, Feb. 24, 1849; Hewlett's Stat., MS.; Hearn's Cal. Sketches, MS., 3; Little's Stat., MS., 6-8, 12; Sayward's Pion. Remin., MS., 12-13; Auger, Voy. en Cal., 105-16; Crescent City Herald, Nov. 29, 1854; Chas Holland, in Coast Review, May 1873, p. 75; Coke's Ride, 185, 359-60; Grass Val. Foothill Tidings, March 15, 22, 29, Apr. 5, 12, 19, 26, May 3, 10, 17, 1879; Cassin's Stat., MS., 18; Fresno Expositor, June 22, 1870; Fay's Stat., MS., 11-13; Lambertie, Voy. Cal., 239-40, 259-63; Hist. Stanislaus Co., 103-4; Perry's Travels, 90-1; S. F. Call, Jan. 19, 1873; Jan. 10, 1875; S. F. Mer. Gaz. and Shipp'g Reg., Jan. 3, 1857; S. F. Whig and Advert., June 11, 1853, 2; 8. F. Post, Aug. 8, 1877; S. F. Manual, 197–204; 8. F. Herald, Jan. 29, June 1, 4, 6, 8, July 19, 23, Aug. 1, 1850; May 21, 1852; Cal. Spirit Times, Dec. 25, 1877; S. F. Morn. Globe, Aug. 19, 1856; S. F. Town Talk, May 6, 1856; Ferry, Cal., 106-7; Lecky's Rat., i. 275; Cerruti's Ramblings, 28-9; Fisher's Cal. 42-9; Thompson's Stat., MS., 21-6; Fitzgerald's Cal. Sketches, 179-81; Mrs Tibbey, in Miscel. Stat., 19-20; Peachy's Mining Laws, 1-86; Lett's Cal. Illust., 102-4; Findla's Statement, MS., 9; Cal. Rev. and Tax. Scraps, 4-10; 8. F. Bulletin, 1855-7, passim; Brooks' Four Months, 15, 17, 51-3, 59-61, 65, 68-72, 77, 89, 91, 183, 206; Id., Hist. Mex. War, 536; Grass Val. Union, Nov. 15, 1867; Meadow Lake W. Sun, Nov. 24, 1864; C. Costa Gazette, Apr. 9, 1879; Cal. Digger's Hand-Book, 7-9, 12-14, 27-8, 30-8, 43, 66, 72-8; S. F. Pacific News, Dec. 22, 1849; Jan. 1, 10, Apr. 26-7, 1850; May-Dec. 1850, passim; Unbound Doc., 12, 50, 318, 327-8, 383, 408-11; El Universal, June 5, 1849; Nov. 30, 1850; Tyler's Bidwell's Bar, MS., 2-7; Trinity Times, Jan. 27, 1855; Trask's Geol. Cal., 23-4; Torres, Perip., 81, 148-9; Todd's Sunset Land, 45; South. Quart. Review, v. (N. S.) 301–21; Kirkpatrick's Jour., MS., 37; Kip's Cal. Sketches, MS., 5, 36-41, 48-52; Kelly's Excursion, ii. 23-4; Matthewson's Stat., MS., 8-9; Upham's Notes, 328-9; Seventh U. S. Census, 985; Siskiyou Co. Affairs, MS., 10; Sherwood's Cal., 3–27; S. F. Cal. Courier, July-Dec. 1850, passim; Sac. Union, 1854-6, passim; St Amant, Voy., 575-9; Miguel Urrea, in Soc. Mex. Geog., ii. 44; Grass Val. National, Dec. 31, 1874; S. José Mercury, Jan. 12, 1865; Direct. Grass Val., 1865, 69–88; Garniss' Early Days S. F., MS., 15; 8. Diego Arch., 325, 349; Hayes' Scraps, San Diego, i. 94; Id., Angeles, ii. 102–8, 258, 272, 279; xviii. 101–3; Id., Mining Cal., i.-vii., passim; Cal. Gold Regions, 15; Cal. Pol. Scraps, 267-74; Swan's Trip to the Gold Mines; Cal. Pion., no. 49, pp. 48-9; Barstow's Stat., MS., 2, 4-7, 14; Capron's Hist. Cal., 229-34; Borthwick's Three Years in Cal, passim; Bonwick's Mormons, 350-1, 370-1, 379, 391; Knox' Underground, 797– 814; Savage Coll., MS., iii. 188; U. S. Land Off. Rept, 1855, 141-2; Simpson's Gold Mines, 5, 7-8, 11, 13, 27; Marysville W. Appeal, Aug. 24, 1867; Marysville D. Appeal, Oct. 23, 1864; Marysville Direct., 1858, 23-30, 94; Barry's Up and Down, 125-30; Hutchings' Illust. Cal. Mag., i. 218, 340; iii. 343, 469, 506, 519; iv. 452, 497; Valle, Doc., 72 et seq.; Hist. Doc. Cal., i. 507–9, 520; iii. 371, 373, 379-82; Vallejo, Col. Doc., xxxv. 63; xxxvi. 189, 213; Bigler's Diary, MS., 76; Browne's Min. Res., 15-72, 193-200; Martin's Nar., MS., 54-5; Marryat's Mountains; Kane, in Miscel. Stat., 10; Hawley's Observ., MS., 8-9; Mariposa Gazette, Feb. 26, 1869; Jan. 17, June 27, 1873; Id., Chron., Dec. 8, 1854; U. S. Govt Doc., Spec. Sess., March 1853, Sen. Doc. 4, pp. 405; Id., 31st Cong., 1st Sess., Sen. 1, p. 488; McDaniel's Early Days, MS., 7; McCollum's Cal., 45; Jacob's Prec. Metals, ii. 41 et seq.; Janssens, Vida y Ad., MS., 221; Bakersfield South. Cal., June 8, Nov. 23, 1876; Barnes' Or. and Cal., 14-18, 118; Misc. Hist. Papers, Doc. 26, 34; Soc. Mex. Geog., Bolet., ii. 44; Vowell's Mining Districts, MS., 23-4; Ballou's Advent., MS., 25; Wheaton's Stat., MS., 6, 9; Columbia Gaz., Dec. 9, 1854; Id., Clipper, Dec. 2, 1854; Sonora Herald, Dec. 9, 1854; Schlagintweit, Cal., 216-311; Saford's Narr., MS., 21-2; Son. Co. Hist., 29-38; Weston's Life in the Mines, MS., 7; La Voz de Sonora, Oct. 5, 1855; Velasco, Son., 307; Van Dyke's Stat., MS., 3-5, 8; Yuba Co. Hist., 44, 136; Vallejo D. Recorder, Nov. 5, 1870; S. F. Alta California, 1849-56, passim; Wright's Big Bonanza, 567-9; Son. Democrat, Jan. 31, 1880; Sutton's Stat., MS., 3-4, 11; Yreka Union, Feb. 20, 1864, June 5, 1869; Woodward's Stat., MS., 3, 5; Wood's Sixteen Months, 50–4, 57, 64, 84, 100, 125-30, 135, 144-8, 171-6; Id., Pioneer Work, 64–5, 98–9.

CHAPTER XVII.

BIRTH OF TOWNS.

1769-1869.

MEXICAN TOWN-MAKING-MISSION, PRESIDIO, AND PUEBLO-THE ANGLOAMERICAN METHOD-CLEARING AWAY THE WILDERNESS--THE AMERICAN MUNICIPAL IDEA-NECESSITIES ATTENDING SELF-GOVERNMENT— HOME-MADE LAWS AND JUSTICE-ARBITRATION AND LITIGATION-CAMP AND TOWN SITES-CREATION OF COUNTIES-NOMENCLATURE-RIVERS AND HARBORS-INDUSTRIES AND PROGRESS.

FOR three quarters of a century California had been a colonial appendage of Mexico, occupied as a military frontier, with friars to superintend the subjugation of the natives, and convert them into citizens useful to themselves and to the state. They were, for lack of ready material, to swell the ranks of the colonists, who, under protection of the sword and cross, formed nuclei for towns, raising up in due time a self-sustaining province of tribute-paying subjects. The missions being gradually changed into locally self-governing pueblos, the teaching and protecting friars and soldiers were to pass onward with the extending border line. But the Mexicans did not possess the true spirit of hard-working, thrifty colonists and home-builders. They were easily deterred by such obstacles as distance from convenient centres and home associations, especially when their indolent disposition was disturbed by danger from beasts and savages. Even for contiguous states within the republic, colonization had to be fostered by military settlements, with semi-compulsory enlistment; hence progress fell into the ruts of

slow pastoral life, in which the well-known prolificness of the race ranked as chief factor. Under like conditions there would have been like drawbacks, only in less intensified degree, when California became a part of the United States. Development would have been very gradual but for the same incentive which had promoted the occupation of America, and the rapid extension of Spanish conquests to the borders of Arizona-gold. The broader effect of its discovery was here greatly owing to the facilities provided for immigration by a more advanced age, no less than to the energetic, enterprising character of the chief participants.

The Anglo-Americans were in good training for the conquest of nature. During the past two centuries much of their time had been spent in subduing the wilderness, in killing off the wild beasts and wild men, and planting settlements along the gradually retreating frontiers; so that when they came to California they were ready to make short work of whatever should stand between them and that grand development which was to see a valley of pathless plains and silent foothills blossom within one brief year into countless camps and busy highways. Before this their adventurous vanguard had displayed to easy-going pueblo dwellers their bent for city building by planning more than one pretentious site; but it was in the mining region that this talent was to appear in impromptu evolutions, out of which should spring regulations so admirable in principle and adaptability as to serve as a basis for later communities, and to eclipse the century codes of Europe.

The concurrence of the miners at some promising locality, and the demand of numerous and less fortunate late comers, called for a distribution or readjustment of ground claims on the principle of free land and equal rights, at least among citizens of the United States, as title-holders, and with special consideration for the discoverer. This was the foundation of the mining-camp system.

The miners were an ultra-democratic body, priding themselves upon an equality which to the present end manifested itself in according free and full voice to every person present. True, might here also retained a certain sway, permitting the bully at times to override the timid stranger or the stripling, and ever giving precedence to the preponderance of brain, of tact, of fitness, which required assurance, however, to make its way in the jostling crowd. The only injustice countenanced in general assembly was perhaps in the direction of race prejudice. A large proportion of the people had been trained partly in local political clubs and movements, partly in the rules and coöperative duties of overland companies; and the need of partners for labor and camp routine tended to sustain the practice, frequently defined by written rules,' but tinctured by a socialism of the fraternal type.

With the Germanic trait of swift adaptation of means to ends, so highly developed among Americans, the first indication of a gathering community or the brewing of public questions was signalized by a meeting for framing rules and appointing officers to watch over their observance. The emergency found both able leaders and intelligent followers. A committee was promptly nominated of men with clear heads and haps legal experience; and their project for regulating the size and tenure of claims, the settlement of disputes, recording titles and enforcing order in the camp, would be enunciated by the chairman from the commanding elevation of a tree-stump or empty provision barrel, and adopted with occasional dissent, article by article, by show of hands or word of mouth.2 The

per

1Concerning the share in expenses, household and mining labor, tools, yield, etc., as shown in the chapters on mines.

2 For rules, see the chapter on mining. In due time the boundaries of districts were given to which the rules applied. The use of water, encroachments, rights of foreigners, recorder's duties, meeting place and procedure, the sale of claims, fees, amendments, etc., received consideration, although not at all meetings, the earliest rules covering as a rule only a few essential points. Each camp was a body politic by itself, asking leave or counsel of none others; and thus arose a lack of uniformity, which in due time, however, was modified through the lessons brought by intercourse.

prevalence of distinct rules, even in closely adjoining districts, was no doubt confusing, but they had the merit of better suiting the requirements of its occupants and the nature of the environments than a general code, which frequently proved obstructive by inapplicable features. In some camps hearsay sufficed to rule proceedings subsequent to the first distribution, but usually a recorder was chosen to register claims and decide disputes. Compromise formed here the leading feature of Anglo-Saxon adjustment, until complex society and interests gave predominance to lawyers. In grave cases, or in those of wide application, a gathering was called, from which judge, jury, and defenders might be chosen to hold trial. Conventions were also ordained for stated periods to consider the condition of affairs and effect improvements. A public jealous of its rights, and with ready views, kept guard over proceedings, and assisted with fixed or voluntary and casual contributions to form a financial department for the simple and honest administration of affairs.

3

5

Larger camps found it prudent for order and administration to install a permanent council, with more

3As a rule, questions were submitted to neighbors. Some districts designated a special arbitrator, or a standing committee sworn by the alcalde. Fees ranged from $2 or $3 to 50 cents, at times with mileage added.

*At the instance of any one, although it was left to the summoned persons to disregard the appeal if trivial. A vote on the spot might settle the question; otherwise a presiding officer, judge, jury, and defenders would be chosen; witnesses were summoned, and a written record was kept. Any one was permitted to prosecute, while liable to be called out as executive officer. In civil cases the jury was often restricted to six men for the sake of economy. There were plenty of lawyers among the miners, who appeared when called upon. Although decisions were as a rule prompt, with enforcement or execution within a few hours, yet at times days were consumed to accord full weight to testimony. The fund derived from registration of claims provided for the costs; otherwise collections or assessments were made, particularly to pay the sheriff. The alcalde used to receive his ounce of gold for a trial, jurors probably $5 for a case, and witnesses actual expenses. Two rival claimants to a deposit at Scott Bar, Klamath River region, once sent to S. F. for lawyers and judge to conduct the case. The winners paid the cost.

With the aid of delegates from other districts, and to annul obnoxious rules. Instance the six-monthly meetings at Jamestown, and those of Brown Valley in Jan. and Aug. 1853. Claim-holders had in some places to attend. Instance also the 'hungry convention' at Grass Valley during the winter of 1852-3.

6 As at Rough and Ready, where three citizens composed it. The stand