Still, after the rejoicing came a time of anxiety and sorrow. In its
treatment of the land question in California the United States made one
of the gravest mistakes ever made by a civilized nation.
The man whom the government sent out to investigate the subject, W. C.
Jones, was an able Spanish scholar, skilled in Mexican and Spanish law,
and his carefully prepared report declared that the greater part of the
rancheros had perfect title to their lands, and all that was necessary
for the United States to do was to have them resurveyed.
In Congress, Senator Benton and Senator Fremont in most points supported
this report as the only just plan. Against the bill that was finally
passed Senator Benton protested vigorously, saying that it amounted
to confiscation of the land instead of the protection promised by the
American government, through Larkin and Sloat.
This law made it necessary for every Californian, no matter how long he
had lived on his land, to prove his title to it, and that, too, while
the United States attorney resisted his claim inch by inch, as if he
were a criminal.
Thus the Spanish American, who was seldom a man of business after
the standard of the Eastern states, was forced into the distressing
necessity of fighting for what was his own, in courts, the law and
language of which he did not understand. Meantime his property was
rendered hard to sell, while taxation fell heaviest upon him because he
was a large land owner. Often, too, he would have to pay his lawyer in
notes, promising to give money when he could get it, and in the end the
lawyer often got most of the land which the United States government had
left to the unhappy Californian.
The way in which unprincipled men got the better of the rancheros would
fill a volume. Guadalupe Vallejo, in the Century Magazine (Vol. 41),
tells how a leading American squatter came to her father and said:--
“There is a large piece of your land where the cattle run loose, and
your vaqueros are all gone to the mines. I will fence the field at my
own expense if you will give me half of it.” Vallejo agreed, but when
the American had inclosed it, he entered it on the record books as
government land and kept it all.
This article also describes the losses of the ranchmen from cattle
stealing. It tells how Americans, who were afterward prosperous
citizens, were guilty of selling Spanish beef which they knew had been
stolen.
The life of the Spanish-speaking people at the mines was made miserable.
The American miners seemed to feel that the Californian had no right
to be there. Of course there were some of the lower class, many of whom
were part Indian, who would lie, steal, or, if they had an opportunity,
murder; but often those who were persecuted were not of this type.
A woman of refinement, who under the title of “Shirley” wrote her
experiences at the mines, says:--
Public-domain text, read in full here on John Shaqi.
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