Gold! (28 page)

Joaquin Murietta, the legendary Mexican bandit of Old California.

The tailrace today. In foreground is where Sutter's Mill stood.

The actual site where Sutter's Mill stood.

Looking out into the American River from the spot where Sutter's Mill once stood.

The actual site where Sutter's Mill stood.

Views from Sutter's Mill and the surrounding area as it appears today.

The reconstruction of Sutter's Mill, not far from the actual site.

The statue in Marshall's honor, erected up the mountain road from his cabin.

Marshall's cabin, which evidences his fine work as a carpenter.

Appendix I

THE TREATIES

There were two treaties which led to California's independence from Mexico and its surrender to the United States.

The first was the Treaty of Cahuenga. It was signed in Los Angeles on January 13, 1847. The second was the Treaty of Guadalupe-Hidalgo, which formalized the end of the Mexican-American War and laid out the terms of peace for both sides. While copies of the second treaty still exist, none of the first are known to have survived.

The text of the Treaty of Cahuenga that follows was taken from Colonel John C. Frémont's memoirs. While there is no question that he profited when California became a state—the land he had bought in the Sacramento/Coloma area was gold-rich—there is no reason to believe that Frémont's recollection of the treaty is anything other than true. To All Who These Presents Shall Come, Greeting: Know Ye, that in consequence of propositions of peace, or cessation of hostilities, being submitted to me, as Commandant of the California Battalion of the United States forces, which have so far been acceded to by me as to cause me to appoint a board of commissioners to confer with a similar board appointed by the Californians, and it requiring a little time to close the negotiations; it is agreed upon and ordered by me that an entire cessation of hostilities shall take place until to-morrow afternoon (January 13), and that the said Californians be permitted to bring in their wounded to the mission of San Fernando, where, also, if they choose, they can move their camp to facilitate said negotiations.

Given under my hand and seal this 12th day of January, 1847.

J. C. Frémont,

Lieutenant-Colonel U.S.A.,

and Military Commandant of California.

ARTICLES OF
C
APITULATION
made and entered into at the Rancho of Couenga, this thirteenth day of January, Anno Domini, eighteen hundred and forty-seven, between P. B. Reading, Major; Louis Mclane, Jr., Commanding Artillery; Wm. H. Russell, Ordnance Officer; commissioners appointed by J. C. Frémont, Lieutenant-Colonel United States Army and Military Commandant of the territory of California; and José Antonio Carrillo, Commandante de
Esquadron, Agustin Olivera, Diputado, commissioners appointed by Don Andres Pico, Commander-in-Chief of the California forces under the Mexican flag.

ARTICLE
I.—The Commissioners on the part of the Californians agree that their entire force shall, on presentation of themselves to Lieutenant-Colonel Frémont, deliver up their artillery and public arms, and they shall return peaceably to their homes, conforming to the laws and regulations of the United States, and not again take up arms during the war between the United States and Mexico, but will assist in placing the country in a state of peace and tranquillity.

ARTICLE
II.—The Commissioners on the part of Lieutenant-Colonel Frémont agree to and bind themselves on the fulfillment of the first article by the Californians, that they shall be guaranteed protection of life and property, whether on parole or otherwise.

ARTICLE
III.—That until a treaty of peace be made and signed between the United States of North American and the Republic of Mexico, no Californian or other Mexican citizen shall be bound to take the oath of allegiance.

ARTICLE
IV.—That any Californian or other citizen of Mexico desiring, is permitted by this capitulation to leave the country without let or hindrance.

A
RTICLE
V.—That in virtue of the aforesaid articles, equal rights and privileges are vouchsafed to every citizen of California as are enjoyed by the citizens of the United States of North America.

ARTICLE
VI.—All officers, citizens, foreigners or others shall receive the protection guaranteed by the second article.