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could be made by other means than mining, many of the new-comers forcibly entered upon his land and commenced cutting and selling his wood and using his grass, under the plea that his land was vacant and unappropriated land of the United States. Lawyers were found who sustained them in their trespass and advocated their rights, although there were none who came from any part of Christendom who had not heard of the General's claims and large landed estates, the full justice given to and recognition of which by the Mexican Government is shown by the following fact: When Don Andres Castillero, a senator from Mexico, visited Gen. Sutter, in company with the Californian authorities, they offered him, by authority and in the name of the Mexican Government, either the sum of $100,000, or the property of the mission of San José, with the live-stock thereon, and orders for cash on the Custom-House, in exchange for New Helvetia. Both of these then very handsome offers were declined, contrary to the advice of the late Pierson B. Reading and others, for the reason that, by giving up that point, New Helvetia, considered to be, and called by the Mexicans "La llave de la California"-key to California-the American citizens and other immigrants would have lost all protection which Gen. Sutter's then considerable power and position vouchsafed to them.

Another class of men, without any pretext but that of power and address, commenced stealing his horses and butchering his cattle, hogs, and sheep: the first were taken off some distance and exchanged or sold: the meat was sold to the immigrants. Up to the first day of January, 1852, the settlers, under the pretence of preemption claims, had occupied all his lands capable of settlement or appropriation; and the other class had stolen all his horses, mules, cattle, sheep, and hogs, save a small portion used and sold by Gen. Sutter himself. One party of five men of this second class, during the high waters of 1849-'50, when his cattle were partly surrounded by water near the Sacramento river, on his lands in Sutter county, killed and sold the beef of enough of them to derive $60,000; after which they left for "the States."

Having beheld his power decline and his riches take wings, Gen. Sutter removed to the west bank of the Feather river, and took up his residence on Hock Farm. Here, in the midst of his family, which had recently arrived from Europe, he led the quiet, useful life of a farmer, in the county which bears his name. He has patiently devoted many long years to efforts to regain some portion of that opulence which his energy won, and which he continued to enjoy, until the event occurred which enriched his country and impoverished him. He is now at Washington, where he has been for a considerable time, engaged in pressing his claims upon the general government, for remuneration for the losses and injuries he sustained at the hands of the immigrants of '49.

Gen. Sutter is strongly attached to California, and as soon as his business duties permit, he expects to return, and pass, in the peaceful pursuits of husbandry, amid the scenes of his former prosperity, the sunset of his life.

JOSÉ ANTONIO DE LA GUERRA.

BY ALFRED ROBINSON. *

DON

ON JOSE ANTONIO DE LA GUERRA Y NORIEGA was born in Novales, in the province of Santander, Spain, A. D. 1776. He emigrated to Mexico in 1778, where, soon after his arrival, he entered the mercantile house of his uncle, Don Pedro Noriega, a wealthy gentleman residing in the capital, with the intention of becoming a merchant; but finding the business unsuited to his taste, and being ambitious of distinction, and desirous of serving his country and sovereign, he obtained, in 1798, the appointment of cadet in the Royal Army. In 1800, he was promoted ensign to the company then stationed at Monterey, Upper California, where he arrived the following year. In 1804, he married the daughter of Don Raimundo Carillo, Commandante of the Presidio of Santa Barbara. In 1806, he was again promoted, and received the commission of lieutenant in the company stationed at Santa Barbara. In 1810, he was named "Habitado General" of both Upper and Lower California, and immediately embarked with his family for San Blas, on his way to the city of Mexico. On his landing, he was taken prisoner by the curate, Mercado, a partisan of Hidalgo in the revolution of that time, and carried to Istlan, where he fortunately escaped from the cruel assassination of his fellow-prisoners.

The revolution of Hidalgo having deprived him of his office, he remained some time in Tepic, where he served

For forty-one years a resident of California,

as Ayudante Mayor in the army there stationed, much to the satisfaction of the government. In 1811, he returned with his family to California. For several years

thereafter he held command of the troops quartered at San Diego.

In 1817, he was promoted captain and commandante of the company stationed at Santa Barbara. Thither, in that year, he repaired with his family. In 1819, he again went to Mexico as Habitado General. After a short official service, the revolution of 1821 caused him to return to California.

Upon his return, he forwarded to the Mexican Republican government his resignation. It was not accepted. The President, Guadaloupe Victoria, feeling the great need for his services, continued him in the command at Santa Barbara.

In 1828, he was named Diputado to the General Congress of Mexico, but did not fill the office, in consequence of his seat having been already taken and occupied by the "Suplente," Don Gervasio Arguello. He returned to California the following year, in a vessel which he purchased and loaded with an assorted cargo.

He embarked with him as passengers, Abel Stearns, Sherman Peck, and a Scot named Kinloch. Mr. Stearns' visit to California was to receive a large grant of land which his partner had obtained from the Mexican government, and to make arrangements for opening the same to American colonization.

It was in July, 1829, when they landed at Monterey. Their arrival caused considerable commotion and excitement among the Spanish population which, at that time, inhabited the little town. After passing a few days of feasting and enjoyment among his friends and old companions, Don José took leave of them and started overland for San Francisco, (Yerba Buena). He dispatched his vessel to meet him at the last named place. On his route, he was received at the different missions at which he tarried with all the respect and attention due his rank, by the ringing of bells and firing of guns. In consequence of his great intimacy and friendship with the old

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