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CALIFORNIA.

Letter of Capt. J. L. Folsom to Maj. Gen. Jesup.

San Francisco, Cal., Jan. 23, 1849.

Since my last private communication, nothing has occurred to change the general views I then expressed in relation to California. Within the last few weeks much has been said and done in regard to the organization of a provisional government for this territory. Several villages have appointed delegates to attend a convention for the arrangement of fundamental laws for the country; and other elections are now understood to be taking place in the remote parts of the country.

It is proposed to have the convention assembled at the Pueblo de San Jose, about sixty miles from this place, on the 4th of March, but I believe it will be found impossible to assemble all the delegates at that time, and it will - probably be found expedient to defer the meeting until it is known that the present congress has not acted on the question of a territorial government. This will probably throw the whole question back more or less, and I think the meeting will not occur before the middle of April, and not at all, should congress have acted. At this time this is a most important question to every citizen of California: for life and property are and will continue to be unsafe in this territory until congress gives us a stable government. The fact is brought feelingly home to the apprehension of every intelligent man, that there is no government and no law in California. A general feeling of insecurity depresses the whole population, and operates most injuriously upon all classes of society. Crowds of men are flocking from all quarters of the country, and among them are many persons of bad character and desperate fortunes; and every thing about them affords a reasonable assurance that every kind of villany may be practised with impunity throughout the territory.

The only tribunals which have attempted any jurisdiction in cases of murder, &c., some months past, are those formed for the occasion, as it arises; and offenders generally escape, or, if they are taken, it is amidst the frenzy of popular excitement, where the guilty and innocent may be victims together. Several executions have taken place in pursuance of this kind of law, and it is supposed that several others will be announced by the next mail from the south. In the mean time, outrages are occurring in all quarters of the country, and the public astonishment has scarcely subsided after one murder has transpired before another is committed more horrible than the first. Housebreaking, thefts, and robberies are of almost hourly occurrence. This state of things must continue until we have the firm and steady reign of government extended over the territory by congress. I have no expectation that a provisional government (should it go into operation, and this cannot be the case in less than a year from this time,) would be found adequate to the public wants.

The materials for organizing a stable government do not exist in the country at this time, and of such as there are, the best cannot be commanded for the business. The most respectable men, who are engaged in lucrative enterprises in the country quite foreign to politics, will not desert their own interests to take public stations which promise to yield little but vexation and annoyance, and should the local organization go into operation, I very much doubt if it will produce any relief for the ills which now afflict the country. It will be temporary in its nature, and having no permanent hold upon the community, it will be only a little better than no government at all. Such has been the result of the provisional arrangement in Oregon, and such must be its result every where in new communities, composed of adventurers from almost every clime and country. Besides, the natives and foreigners have

been accustomed to different institutions and religions, and a strong antipathy exists among the former for those whom they look upon as their conquerors and enemies. In the excitement of gold-digging these various races and castes are brought into contact under circumstances which have more than once threatened to break out into open hostilities, and the ensuing summer the danger of such an occurrence will be increased a hundred fold, in consequence of the augmentation of numbers, and the constant accession of emigrants who are more reckless, adventurous, and dissolute than their predecessors. If congress has the well-being of this territory in view, an immediate organization ought to take place, and such salaries should be given to the territorial officers as to secure the highest order of talent and integrity. Any good workman can realize more from his labour in the mines than is given to our territorial governors by law, and what would be a very ample compensation in the United States would not afford a decent support in California. I believe the experience of every public officer who has been in this territory within the last twelve months will be an endorsement of what I have

said.

Within the last five or six weeks we have had weather of extraordinary severity. It is said to be the coldest season experienced here since that of 1823-4. In the gold mines the snow has been four feet deep, and at Sutter's Fort ice has formed three inches in thickness. Within two weeks the streets of this village have been repeatedly whitened with snow and hail; and the hills within sight, on the opposite side of the bay, (twelve miles distant) have been capped with snow for the last fifteen days. Very heavy and protracted falls of rain have now swept off the snow from all the hills within sight; but high in the mountains, among the mines, it is thought that they have had nothing but snow. If so, it must have fallen to a very unusual depth. We now have cool winds and occasional rains, but the severity of the latter, it is believed, is now past. During the last winter we had no snow here, and only on one occasion, for two days, was there any in sight; and the falls of rain were much less heavy than those we have recently experienced.

As a general thing, the operations among the mines were suspended on the approach of winter; but large numbers of persons built log houses in the mountains, and, having laid in a winter's stock of provisions, continued among the mines for the prosecution of their business. It is now understood that the extraordinary severity of the weather has prevented them from effecting much, and there can be no doubt that much suffering will be the result. Many of the log houses were good, or at least comfortable, and some of the parties were tolerably well supplied with provisions and clothing. This remark, however, is not by any means of general application, and there can be no doubt that many are suffering for food, clothing, and shelter. After the winter rains have once set in, it is almost impossible to send goods into the mountains, and large numbers have no doubt been too reckless and improvident to foresee the consequences, and provide for them. Those who are now in the mountains are almost exclusively Indians (indigenous population) and foreigners, or emigrants. The Spaniards and Californians have retired to their ranchos, or to the various towns about the country, to await the return of spring. Many of the people who have emigrated from Oregon are in the mines. A great stagnation in business has occurred since winter set in, and prices of goods have fallen in consequence. Vessels arriving at this time find an inconsiderable market, and it will continue bad until there is a tendency towards the mines in March, when new supplies must go in that direction. Within the last ten days, six or eight vessels have arrived from Mexico and the west coast of South America, and we hear of more than forty which are likely to follow them from Chili and Peru with about three thousand emigrants. Every vessel which leaves takes away a rich freight of gold, and there are

still very large amounts of it in the country. I am satisfied that more than three million dollars' worth of gold have been taken from the mines up to this time, and that two million dollars have been taken away from the country, mostly to foreign countries and a market. I have no doubt that one million, five hundred thousand dollars' worth will have been shipped from this port alone.

These facts ought to convince the most incredulous that the government needs a mint at this place to coin the gold produced by these mines, thereby protecting its own interests, and those of American citizens residing in this territory. We hear officially from Chili that a very large amount of spurious coin is about to be shipped from Peru and Bolivia, to be put into circulation on this coast in exchange for gold, and through the custom houses. By giving what may appear to be a high price for gold dust, it would not be strange to find the community defrauded out of their property. At present gold dust is selling for about $13 50 per ounce troy; but it would not be surprising should the holders of spurious coin force it into circulation by giving a nominal circulation of $17 per ounce for gold. There is no proper authority here to expose a fraud of this kind in its inception, or to make an assay of the coin supposed to be base.

The trade of the country is rapidly increasing, in consequence of the mines and the great influx of population. For several months past the average amount of duties collected at this port, exclusive of the expenses of the custom house, has been rising thirty thousand dollars, and it is thought that it will exceed sixty thousand dollars the present month. It will be safe, I think, to put the revenue of California, for the current year, at one million dollars, and four-fifths of this will be collected at this port. The amount paid is becoming a subject of comment, and the fact that a population paying such a tax has no government and no representation is exciting very general dissatisfaction. Should congress again adjourn without an action in relation to this territory, it will create still more violent comment, and might lead to some measures on the part of the people of the country which would bring lasting disgrace upon our flag.

All the trade of the coast is fast concentrating in this bay. Nearly all the goods consumed in the lower part of this territory are sent from this port, and as soon as coasters can be got for the business, foreign vessels will not visit those ports at all. The introduction of steamers on the coast will give additional importance to this harbour, and it is most likely that much of the business of Oregon will be done here also.

In arranging government establishments in California, I believe it will be found advisable to make this the only port of entry. This would foster American shipping interests in this ocean, and would be no injury to other points on the coast, as no foreign vessel goes to the other ports now until after visiting this place, and, indeed, generally not at all. It would be the safest for the revenue, and would be the best possible arrangement to develop our commercial interests in the Pacific, as all this traffic would then be done by coasters. Much of the coast is well fitted for the operations of smugglers, and nothing can prevent them carrying on a fraudulent trade if allowed to run along the whole coast. I have reason to know that Commodore Jones agrees with me in this matter, and he thinks that the best course would be to make but one port of entry in California for some years to come.

We are now expecting the first steamer here in about a month, and all look forward to their regular trips as a new era in the history of this coast. There are many persons here will avail themselves of their rapid trips to remit gold dust to the states; and a certain, regular, and expeditious mail communication with the states will give great assistance to the mercantile community. It is VOL. II.-JUNE, 1849.

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generally believed that the business of the line will justify such an augmen. tation of boats as to allow of semi-monthly trips before the end of the present year; for it is presumed that an active emigration will take place from the eastern and middle states via Panama.

THE ENGLISH NAVIGATION LAWS.

A BILL ENTITLED AN ACT TO AMEND THE LAWS IN FORCE FOR THE ENCOURAGEMENT OF BRITISH SHIPPING AND NAVIGATION," PASSED IN THE HOUSE OF COMMONS AND

NOW PENDING IN THE HOUSE Of Lords.

Sec. 1 enumerates certain acts and parts of acts which from and after the 1st day of January, 1850, shall be repealed. This enumeration is of great length and embraces a great number of sections of eleven distinct acts, seven of which were passed since the commencement of the present reign, three in that of George 4, and one in the 37th of that of George 3.

Sec. 2 provides "That no goods or passengers shall be carried coastwise from one part of the United Kingdom to another" [including the Isle of Man] "except in British ships."

Sec. 3 extends the same provision to the communication between all parts of the United Kingdom, including the Isle of Man, and the islands of Jersey, Guernsey, Alderney and Sark, and each of them with one another.

Sec. 4. And be it enacted, That no goods or passengers shall be carried from one part of any British possession in Asia, Africa, or America, to another part of the same possession, except in British ships.

Sec. 5. Provided always, and be it enacted, That if the legislature or proper legislative authority of any such British possession shall present an address to her majesty, praying her majesty to authorize or permit the conveyance of goods or passengers from one part of such possession to another part thereof in other than British ships, or if the legislatures of any two or more possessions, which for the purposes of this act her majesty in council shall declare to be neighbouring possessions, shall present addresses or a joint address to her majesty, praying her majesty to place the trade between them on the footing of a coasting trade, or of otherwise regulating the same, so far as relates to the vessels in which it is to be carried on, it shall thereupon be lawful for her majesty, by order in council, so to authorize the conveyance of such goods or passengers, or so to regulate the trade between such neighbouring possessions, as the case may be, in such terms and under such conditions, in either case, as to her majesty may seem good.

Sec. 6. And with regard to the coasting trade of India, be it enacted, That it shall be lawful for the governor general of India in council to make any regulations authorizing or permitting the conveyance of goods or passengers from one part of the possessions of the East India Company to another part thereof in other than British ships, subject to such restrictions or regulations as he may think necessary; and such regulations shall be of equal force and effect with any laws and regulations which the said governor general in council is now or may hereafter be authorized to make, and shall be subject to disallowance and repeal in like manner as any other laws or regulations made by the said governor general in council under the laws from time to time in force for the government of the British territories in India, and shall be transmitted to England, and be laid before both houses of parliament, in the same manner as any other laws or regulations which the governor general in council is now or may hereafter be empow ered to make.

Sec. 7. And be it enacted, That no ship shall be admitted to be a British ship unless duly registered and navigated as such; and that every British-registered ship (so long as the registry of such ship shall be in force, or the certificate of such registry retained for the use of such ship.) shall be navigated during the

whole of every voyage (whether with a cargo or in ballast) in every part of the world by a master who is a British subject, and by a crew whereof three-fourths at least are British seamen; and if such ship be employed in a coasting voyage from one part of the United Kingdom to another, or in a voyage between the United Kingdom and the islands of Guernsey, Jersey, Alderney, Sark, or Man, or from one of the said islands to another of them, or from one part of either of them to another of the same, or be employed in fishing on the coasts of the United Kingdom or of any of the said islands, then the whole of the crew shall be British seamen: Provided always, that if a due proportion of British seamen cannot be procured in any foreign port, or in any place within the limits of the East India Company's charter, for the navigation of any British ship, or if such proportion be destroyed during the voyage by any unavoidable circumstance, and the master of such ship make proof of the truth of such facts to the satisfaction of the collector and controller of the customs at any British port, or of any person authorized in any other part of the world to inquire into the navigation of such ship, the same shall be deemed to be duly navigated.

Sec. 8. And be it enacted, That no person shall be deemed to be a British seaman, or to be duly qualified to be master of a British vessel, except persons of one of the following classes; (that is to say,) natural-born subjects of her majesty; persons naturalized by or under any act of parliament, or by or under any act or ordinance of the legislature or proper legislative authority of one of the British possessions, or made denizens by letters of denization; persons who have become British subjects by virtue of the conquest or cession of some newly acquired country, and who have taken the oath of allegiance to her majesty, or the oath of fidelity required by the treaty or capitulation by which such newly acquired country came into her majesty's possession; Asiatic sailors or Lascars, being natives of any of the territories, countries, islands, or places within the limits of the charter of the East India Company, and under the government of her majesty or of the said company; and persons who have served on board any of her majesty's ships of war, in time of war, for the space of three years.

Sec. 9. And be it enacted, That if her majesty shall at any time by her royal proclamation declare that the proportion of British seamen necessary to the due navigation of British ships shall be less than the proportion required by this act, every British ship navigated with the proportion of British seamen required by such proclamation shall be deemed to be duly navigated, so long as such proclamation shall remain in force.

Sec. 10. And be it enacted, That in case it shall be made to appear to her majesty that British vessels are subject in any foreign country to any prohibitions or restrictions as to the voyages in which they may engage, or as to the articles which they may import into or export from such country, it shall be lawful for her majesty (if she think fit,) by order in council, to impose such prohibitions or restrictions upon the ships of such foreign country, either as to the voyages in which they may engage, or as to the articles which they may import into or export from any part of the United Kingdom or of any British possession in any part of the world, as her majesty may think fit, so as to place the ships of such country on as nearly as possible the same footing in British ports as that on which British ships are placed in the ports of such country.

Sec. 11. And be it enacted, That in case it shall be made to appear to her majesty that British ships are either directly or indirectly subject in any foreign country to any duties or charges of any sort or kind whatsoever from which the national vessels of such country are exempt, or that any duties are imposed upon articles imported or exported in British ships which are not equally imposed upon the like articles imported or exported in national vessels, or that any preference whatsoever is shown either directly or indirectly to national vessels over British vessels, or to articles imported or exported in national vessels over the like articles imported or exported in British vessels, or that British trade and navigation

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