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him; and that when he went there, he went with these rights, and entitled to this shield of protection. Now, sir, we propose to enforce these rights, and protect him in the enjoyment of them. Appendix to the Congressional Globe, 30 Cong., 2 sess. (Blair and Rives, Wash

ington, 1849), 266-268 passim, February 24, 1849.

titution. I am unwilling to with hold from our southern brethren ani »f the rights given to them by that sacred instrument. If by the opera: ion of the Constitution they have any advantage, they may posses t.... I am not one to violate a constitution I have sworn to support, nerely to cripple an institution which I condemn. No; take it. Bu et the people of that distant country have the benefit of its protectior xtended to them, ...

... This is a peace-offering. It is not proposed to organize a gorrnment where the Wilmot proviso will be either applicable or inap licable. That question comes up when we propose to organize a erritorial government. This

an intermediate step between anarchy nd territorial government. This is to do what little we can for the ountry to protect the rights of southern men as well as men of the orth; to protect the property of the South as well as of the North...

18. A Forty-Niner (1849-1850)

BY ALONZO DELANO (1852) Delano's work is a truthful and valuable personal account of the hardships endured nauts, especially in the smaller mining towns. tory of the Pacific States, XVIII, chs. viii-ix passim, especially 161-163.

Bibliography: H. H. Bancroft, llisUR general rendezvous was to be at St. Joseph, on the Misengaged men, purchased cattle and a wagon, and subsequently laid in my supplies for the trip, at St. Louis. My wagon I shipped by water to St. Joseph, and sent my cattle across the country about the middle of March, (1849) to meet me at the place of rendezvous, in April.

Mr. DAYTON. Would the gentleman say that the Constitution of the nited States can be extended by an act of legislation? ....

Mr. WALKER. I was going to remark that, whether the Constitutio roprio vigore, extend there or not, or whether it can be extended over or not by legislation, there would be no doubt as to the extension of e principles of the Constitution as a legislative act of Congress. There nothing in the Constitution which is unconstitutional ; and, there re, it would not be unconstitutional. And, therefore, to pronde at any of its provisions applicable should be extended, would not

violation of the Constitution. If, then, we approve of the provision this measure, it is clearly constitutional, as far as legislation is coe Mr. DAYTON. May I interrupt the Senator for a moment? sed it was a clear point that the Constitution of the United States, beini Contract and agreement between sovereign States, could be extende: further than it, by its inherent power, extended itself. No act at slation could make that compact between sovereign States reach fu r than to these States. . Ir. WALKER. . . . But when we extend the provisions of the Cos ition to these territories, we do not extend its vigor and its provision hese localities as a whole, as a compact, but as a piece of legislatie the part of the supreme power of the nation. . . have before remarked, that so far as the protection of life, lidem onal security, and the rights of property are concerned, the citiz ich, had the shield of the Constitution there already thrown beter

(May 21.] Our desire to be upon the road induced us to be stirring when a drive of a mile placed us upon the great thoroughfare of the gold early, and we were moving as soon as our cattle had eaten their fill,

For miles, to the extent of vision, an animated mass of beings broke upon our view. Long trains of wagons with their white covers were road, companies of men were traveling on foot, and although the scene was not a gorgeous one, yet the display of banners from many wagons, march; and in a few moments we took our station in the line, a compoand the multitude of armed men, looked as if a mighty army was on its nent part of the motley throng of gold seekers, who were leaving home and friends far behind, to encounter the peril of mountain and plain. .

(June 29.) On leaving the Missouri, nearly every train was an organized company, with general regulations for mutual safety, and with a South Pass, we found that the great majority had either divided, or Captain chosen by themselves, as a nominal head. On reaching the

rned.

seekers.

1

broken up entirely, making independent and helter-skelter marches towards California. .

(August 10.] Reports began to reach us of hard roads ahead; that there was no grass at the Sink, or place where the river disappears in the sands of the desert, and that from that place a desert of sand, with water but once in forty-five miles, had to be crossed. In our worn-out condition this looked discouraging, and it was with a kind of dread that we looked to the passage of that sandy plain. At the same time an indefi. nite tale was circulated among the emigrants, that a new road had been discovered, by which the Sacramento might be reached in a shorter distance, avoiding altogether the dreaded desert; and that there was plenty of grass

and water on the route. ... (August 11.] ... There were a great many men daily passing, who, having worn down their cattle and mules, had abandoned their wagons, and were trying to get through as they might; but their woe-begone countenances and meagre accoutrements for such a journey, with want and excessive labor staring them in the face, excited our pity, wretched as we felt ourselves. Our own cattle had been prudently driven, and were still in good condition to perform the journey. Although our stock of provisions was getting low, we felt that under any circumstances we could get through, and notwithstanding we felt anxious, we were not discouraged. . .

[August 15.] It was decided, finally, that we would go the northern route, although some of our company had misgivings. The younger portion being fond of adventure, were loud in favor of the road. ..

[August 16.] Beyond us, far as we could see, was a barren waste, without a blade of grass or a drop of water for thirty miles at least. Instead of avoiding the desert, instead of the promised water, grass, and a better road, we were in fact upon a more dreary and wider waste, without either grass or water, and with a harder road before us. . . .

[August 17.] As I walked on slowly and with effort, I encountered a great many animals, perishing for want of food and water, on the desert plain. Some would be just gasping for breath, others unable to stand, would issue low moans as I came up, in a most distressing manner, showing intense agony; and still others, unable to walk, seemed to brace themselves up on their legs to prevent falling, while here and there a poor ox, or horse, just able to drag himself along, would stagger towards me with a low sound, as if begging for a drop of water. My sympathies

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were excited at their sufferings, yet, instead of affording them aid, I was a subject for relief myself.

High above the plain, in the direction of our road, a black, bare mountain reared its head, at the distance of fifteen miles; and ten miles this side the plains was flat, composed of baked earth, without a sign of vegetation, and in many places covered with incrustations of salt. Pits had been sunk in moist places, but the water was salt as brine, and utterly useless.

The train had passed me in the night, and our cattle traveled steadily without faltering, reaching the spring about nine o'clock in the morning, after traveling nearly forty hours without food or water.

If ever a cup of coffee and slice of bacon was relished by man, it was by me that morning, on arriving at the encampment a little after ten.

We found this to be an oasis in the desert. A large hot spring, nearly three rods in diameter, and very deep, irrigated about twenty acres of ground -- the water cooling as it ran off. ...

[August 20.] ... Through the day there was a constant arrival of wagons, and by night there were several hundred inen together; yet we learned by a mule train that at least one hundred and fifty wagons had turned back to the first spring west of the Humboldt, on learning the dangers of crossing the desert, taking wisely the old road again. This change of route, however, did not continue long, and the rear trains, comprising a large portion of the emigration, took our route, and suffered even worse than we did. It was resolved that several trains should always travel within supporting distance of each other, so that in case of an attack from the Indians, a sufficient body of men should be together to protect themselves. ... Reports again reached us corroborating the great loss of cattle on the desert beyond the Sink. The road was filled with dead animals, and the offensive effluvia had produced much sickness ; but shortly afterward, our own portion of the desert presented the same catastrophe, and the road was lined with the dead bodies of wornout and starved animals, and their debilitated masters, in many cases, were left to struggle on foot, combatting hunger, thirst and fatigue, in a desperate exertion to get through. ...

[September 17.] . . Ascending to the top of an inclined plain, the long-sought, the long-wished-for and welcome valley of the Sacramento, lay before me, five or six miles distant. ...

In May, 1850, a report reached the settlements that a wonderful lake had been discovered, an hundred miles back among the mountains,

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towards the head of the Middle Fork of Feather River, the shores of which abounded with gold, and to such an extent that it lay like pebbles on the beach. An extraordinary ferment among the people ensued, and a grand rush was made from the towns, in search of this splendid El Dorado. Stores were left to take care of themselves, business of all kinds was dropped, mules were suddenly bought up at exorbitant prices, and crowds started off to search for the golden lake.

Days passed away, when at length adventurers began to return, with disappointed looks, and their worn out and dilapidated garments showed that they had “seen some service," and it proved that, though several lakes had been discovered, the Gold Lake par excellence was not found. The mountains swarmed with men, exhausted and worn out with toil and hunger; mules were starved, or killed by falling from precipices. Still the search was continued over snow forty or fifty feet deep, till the highest ridge of the Sierra was passed, when the disappointed crowds began to return, without getting a glimpse of the grand desideratum, having had their labor for their pains. Yet this sally was not without some practical and beneficial results. The country was more perfectly explored, some rich diggings were found, and, as usual, a few among the many were benefitted. A new field for enterprize was opened, and within a month, roads were made and traversed by wagons, trading posts were established, and a new mining country was opened, which really proved in the main to be rich, and had it not been for the gold-lake fever, it might have remained many months undiscovered and unoccupied. ...

From the mouth of Nelson's Creek to its source, men were at work in digging. Sometimes the stream was turned from its bed, and the channel worked ; in other places, wing dams were thrown out, and the bed partially worked; while in some, the banks only were dug. Some of these, as is the case everywhere in the mines, paid well, some, fair wages, while many were failures. One evening, while waiting for my second supply of goods, I strolled by a deserted camp. I was attracted to the ruins of a shanty, by observing the effigy of a man standing upright in an old, torn shirt, a pair of ragged pantaloons, and boots which looked as if they had been clambering over rocks since they were made – in short, the image represented a lean, meagre, worn-out and woe-begone miner, such as might daily be seen at almost every point in the upper mines, On the shirt was inscribed, in a good business hand, “My claim failed

- will you pay the taxes?” (an allusion to the tax on foreigners.) Appended to the figure was a paper, bearing the following words:

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Proviso and Compromise

(1849-185 vards the head of the Middle Fork of Feather River, the shores of sich abounded with gold, and to such an extent that it lay like pebble

the beach. An extraordinary ferment among the people ensued, an.
grand rush was made from the towns, in search of this splendid E
orado. Stores were left to take care of themselves, business of al
nds was dropped, mules were suddenly bought up at exorbitant prices
ad crowds started off to search for the golden lake.

Days passed away, when at length adventurers began to return, with
isappointed looks, and their worn out and dilapidated garments showe'
hat they had "seen some service," and it proved that, though severa
kes had been discovered, the Gold Lake par excellence was not found
The mountains swarmed with men, exhausted and worn out with to
.nd hunger; mules were starved, or killed by falling from precipices
Still the search was continued over snow forty or fifty feet deep, till th:
nighest ridge of the Sierra was passed, when the disappointed crom
xegan to return, without getting a glimpse of the grand desideratas
aving had their labor for their pains. Yet this sally was not with
ome practical and beneficial results.

The country was more perfect's
xplored, some rich diggings were found, and, as usual, a few among the
iany were benefitted. A new field for enterprize was opened,
ithin a month, roads were made and traversed by wagons, trading parts
ere established, and a new mining country was opened, which real
roved in the main to be rich, and had it not been for the gold-lake fever
might have remained many months undiscovered and unoccupied...
From the mouth of Nelson's Creek to its source, men were at work is
gging. Sometimes the stream was turned from its bed, and the chan-
I worked; in other places, wing dams were thrown out, and the bal
rtially worked; while in some, the banks only were dug. Some of
ese, as is the case everywhere in the mines, paid well

, some, fair waren
ile many were failures. One evening, while waiting for my secon.
Oply of goods, I strolled by a deserted camp. I was attracted to the
ns of a shanty, by observing the effigy of a man standing upright in
, torn shirt, a pair of ragged pantaloons, and boots which looked as i'
y had been clambering over rocks since they were made – in shers
image represented a lean, meagre, worn-out and woe-begone mine!
h as might daily be seen at almost every point in the upper

the shirt was inscribed, in a good business hand, My claim failea
vill you pay the taxes ? (an allusion to the tax on

No. 18]
“Californians - Oh, Californians, look at me! once fat and saucy as a
privateersman, but now - look ye -a miserable skeleton. In a word,
I am a used up man.
Ludicrous as it may appear, it was a truthful commentary on the

This com-
efforts of hundreds of poor fellows in the “golden land."
pany had penetrated the mountain snows with infinite labor, in the early
part of the season, enduring hardships of no ordinary character - had
patiently toiled for weeks, living on the coarsest fare; had spent time
and money in building a dam and digging a race through rocks to drain
off the water ; endured wet and cold, in the chilling atmosphere of the
country, and when the last stone was turned, at the very close of all this
labor, they did not find a single cent to reward them for their toil and
privations, and what was still more aggravating, a small, wing dam, on
the very claim below them, yielded several thousand dollars. Having
paid out their money, and lost their labor, they were compelled to
abandon the claim, and search for other diggings, where the result might
be precisely the same.

The population of Independence represented almost every State in the Union, while France, England, Ireland, Germany, and even Bohemia, had their delegates. As soon as breakfast was dispatched, all hands were engaged in digging and washing gold in the banks, or in the bed of the stream. When evening came, large fires were built, around which the miners congregated, some engrossed with thoughts of home and friends, some to talk of new discoveries, and richer diggings somewhere else; or, sometimes a subject of debate was started, and the evening was whiled away in pleasant, and often instructive, discussion, while many, for whom this kind of recreation had not excitement enough, resorted to dealing monte, on a small scale, thus either exciting or keeping up a passion for play. Some weeks were passed in this way under the clear blue sky of the mountains, and many had made respectable piles. I highly enjoyed the wild scenery, and, quite as well, the wild life we were leading, for there were many accomplished and intelligent men; and a subject for amusement or debate was rarely wanting. As for ceremony or dress, it gave us no trouble : we were all alike. At length a monte dealer arrived, with a respectable bank.

A change had been gradually coming over many of our people, and for three or four days several industrious men had commenced drinking, and after the monte bank was set up, it seemed as if the long smothered fire burst forth into a flame. Labor, with few exceptions, seemed sus

micos

foreigner

ud to the figure was a paper, bearing the following words

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