53

and issued patents. The claims which were not mentioned in the archives, or had not been reduced to possession, might properly have been subjected to judicial inquiry." Crosby, a lawyer who took part in many of the land cases, recommended to Senator Gwin the adoption of a plan providing for a board of registration to record claims, take evidence, and turn over each case as soon as completed to the surveyorgeneral for prompt survey, disputed boundaries to be settled by arbitration, the survey to be final, and a patent to be issued after one year had been allowed for interested parties to present their claims or charges of fraud in the district court. Henry George, the opponent of land monopoly, suggests that the United States might well have confirmed to the grant-holders a certain area around their improvements, "and compounded for the rest the grants called for by the payment of a certain sum per acre, turning it into the public domain.” 55 R. C. Hopkins, keeper of the archives throughout the period of litigation, believes, like Jones, that neither the distinguishing between genuine and fraudulent claims, nor the fixing of the bounds of the former, would have presented any great difficulties to a practical man; and he thinks that the employment of such men, familiar with the people, customs, and language of the country-men like Spence, Hartnell, Stearns, or Pablo de la Guerra, for instance-in some capacity should have been a feature of the best plan.

b3 Hittell's Hist. S. F., sec. 89; see also the same author's Resources of Cal., article in Hesperian, iv. 147-55; and many articles in the S. F. Alta and other papers. H. has always persistently and consistently denounced the land law as opposed to the true interests of Cal., and his services in this respect are gracefully acknowledged by Dr Royce, Squatter Riot at Sac., who with equal earnestness and more philosophy has taken similar views of the matter, which is treated by him more ably than by any other writer, not only in the article cited, but in his California. Did space permit I might give many and long quotations of different authors in this connection.

54 Crosby's Events in Cal., MS., 67-78. This writer gives a clear account of the whole matter, showing in clear light the evils resulting from the act of '51

55 George's Our Land and Land Policy, 14-17. This author gives a very fair view of the general subject, though dwelling particularly on the bogus grants and swindling operations.

Clearly a prompt settlement was the great thing to be desired for all interests, much more important than the detection of a few petty frauds; and the whole matter should and could have been ended in five years at the utmost; most of the claims should have been confirmed, surveyed, and patented in less than three years. Litigation should have been confined to a few test cases; seven eighths of the claims should have been included in a sweeping confirmation on general principles; and the expense should have been borne by the government. Let us hope that the time may come when the united wisdom of the nation in congress assembled shall equal the practical common sense of the average business firm, and the honesty and efficiency of officials shall equal the honesty and efficiency of average business clerks; then shall we have four times the justice that we now receive, for one fourth of the cost.

CHAPTER XXI.

FILIBUSTERING.

1850-1860.

ATTRACTIONS OF SPANISH AMERICA TO UNPRINCIPLED MEN OF THE UNITED STATES-FILIBUSTERING IN TEXAS-THE MOREHEAD EXPEDITION FROM CALIFORNIA TO MEXICO-FAILURE-CHARLES DE PINDRAY'S EFFORTS AND DEATH-RAOULX DE RAOUSSET-BOULBON'S ATTEMPTS AT DESTRUCTION-CAPTURE OF HERMOSILLO AND RETURN TO SAN FRANCISCOTRIAL OF DEL VALLE-RAOUSSET'S DEATH AT GUAYMAS-WALKER'S OPERATIONS-REPUBLIC OF LOWER CALIFORNIA-WALKER IN SONORA— WALKER IN NICARAGUA-HIS EXECUTION IN HONDURAS-CRABB, THE STOCKTON LAWYER.

THE metallic wealth of southern and central America was the magnet which drew the Spaniards on to seizure and spoliation. This was conquest; and so rapidly was it accomplished that their Gallic and Anglo-Saxon neighbors found left for them only the meagre remainder in the outskirts. Yet resolved to have a share of the treasure, they, in turn, levied on the Iberians. The circumstances under which this partition was effected gave rise to the term filibustering, interpreted as piracy by the sufferers, and softened by the aggressors into freebooting under shadow of prevailing war. With the march of progress and settlement the chronic yearning for Spanish America on the part of the United States increased; but rising above the vulgar pillage of the privateer, it coveted more especially the land with its resources in soil and mineral veins. Austin had sampled the quality of their goodness in Texas, and pronouncing it delectable; Houston slipped the booty into the union. So rich a morsel whetted the appetite for more. Mexico

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ventured to remonstrate, and was mulcted for her temerity in the map-revision which placed California, New Mexico, and the intermediate country north of the boundary line. "Filibuster!" cried the losers, in impotent rage; and flattered by the revival of an antique epithet gilded by daring achievements, the Gringo nodded approval.i

gen

The weakness of Mexico, as shown by the United States invasion of 1846-7, and by her subsequent anarchic succession of rulers and frequent local and eral revolutions, served to call attention to a condition favorable to a further adjustment of boundary. This view was gaining such wide recognition as to enter into party speculation, the embryo confederacy adopting it as a compensating means for the failure to plant slavery in California. Herein lay no robbery to them. It was manifest destiny that the stars and stripes should advance with culture to the natural limits of the Isthmus, perchance to Tierra del Fuego.

With the example and fame of Houston before them, prophets rose plentifully to enunciate this gospel; and in California especially these expectant founders of states met with eager listeners. It was a land of adventurers, drawn by the thirst for gold and excitement, and stirred by a reckless gambling spirit. The cream of the gold-field had apparently been secured by the first comers, for the following hordes found, instead of mere skimming, harder work than had entered into their calculation or mood. A large proportion preferred to dream of virgin sources beyond the usual haunts, to distant fields enshrined in mystery. Their eyes turned readily to Mexico, the mother country of California, and for centuries renowned for her mines. Rumor had long since planted gold and silver mountains in Sonora, and scattered nuggets below the Gila in such profusion that the dreaded Apaches moulded from them their bullets.

1 See Hist. Cent. Amer., ii., this series, for origin and doings of the filibusters.

thirst for easy and sudden acquisition akin to the restlessness inherited from the western backwoodsmen, who were ever moving onward to new settlements.

2

The agitation took shape in 1851. After various conflicting reports, which at one time fixed upon the Hawaiian Islands as the victim, then fitted out a pirate vessel at Sydney to intercept the gold shipments by way of Panamá,3 attention settled upon the southern border, where constant strife held out the temptation to daring spirits for siding with some faction, and so acquire booty if not foothold. J. C. Morehead, during the preceding year, had risen into notice as the leader of an expedition against the Yumas under gubernatorial appointment; but the cloud dispelled before he reached the scene. Still thirsting for blood and glory, he received one of those invitations which rebel leaders in Mexico were not backward in extending, though slow to fulfil. The military promenade to Colorado, having served to point out to his followers an easier and more alluring method of earning money than by hard digging, an organization was quickly effected. One small division marched by way of Los Angeles to Sonora; another appeared subsequently at La Paz; and Morehead himself sailed in May with a company for Mazatlan. A proclamation issued by the United States government against such movements served to interfere with a complete enlistment, and on reaching Mexico the broken bands found the aspect so changed or unpromising that they were glad to slink away under the guise of disappointed miners.5

2 Sam Brannan, Estill, and others had made suspicious movements, and the king of the Islands gave vent to his alarm in a speech before his parliament, in appeals to the U. S. commissioner, and in taking steps for defence. Alta Cal., May 15, 1852. In 1854 two persons came to S. F. to organize an expedition, to which the attention of the authorities was called, but nothing resulted. U. S. Gov. Doc., Cong. 33, Sess. 2, Sen. Doc. 16, vi. 101-2. 3 White's Stat., MS.

As mentioned in the chapter on Indians.

5 For references and details, see Hist. North Mex. States, ii., under Son. and L. Cal. Morehead narrowly escaped arrest at San Diego. Alta Cal., May 17, The Jefferson Davis clique had not then acquired control at Washing

1851. ton.