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and rolls so that it is impossible to keep footing on deck. The table, which has just been spread for supper, is swept of every dish; the cold beef chases the vegetables around the saloon, as if death could not dissipate the force of habit; the mustard and vinegar cruets, impelled by the same instinct, gave chase to the beef, and after a protracted run, brought up at my state-room door, entirely exhausted. The most amusing trial of speed took place between a knife and fork and a mince-pie; the latter lost its cap, or I think it would have won the race. Our chains are soon repaired, and we head on our course. It is dark, and we see nothing more of the last sail; wine circulates freely; our steamer seems intoxicated, and many of her passengers are down with the same complaint.

5th. Cold unpleasant morning; a heavy sea on. The wind blowing against the current of the gulf-stream, causes a spray, which rises in columns and seems to congeal in the air. We are in close proximity to several water-spouts, seeming the connect. ing links between the ocean and the clouds. We are under twenty-one inches of steam, but no canvas, the wind having been dead ahead for the past two days.

6th. Clear and cold ; five sails in sight; ocean as smooth as a mirror. We fall in with a Delaware pilot, who reports us one hundred miles from New York. An exclamation of joy burst from the passengers, who are now all on deck. At 9 A. M., we saw the smoke of a steamer off our larboard quarter; ten sail in sight; the ocean presents a most sublime spectacle, not a breath disturbs its repose ; as if jaded by prolonged agitation, it has relapsed into a quiet slumber. We are in sight of the light-ship off Delaware Bay; a pilot comes on board; Sandy Hook is in sight; the Jersey shore stretching away to the left, but just seen above the horizon. We passed Sandy Hook light-house, twenty-five miles from New York, at 7 P.M. As night draws her curtain round, we see looming up from the horizon, directly in our course, a halo of light, indicating the locality of the city. All are prepared to land, each, for the time being, absorbed in his own thoughts. What a diversity; the countenance of each portraying in vivid colors the hopes and fears within. Here, seated by one of the main pipes, is an emaciated form, clothed in rags; the head is reclining on the hand, the eye sunken, the



visage ghastly, and now the whole frame writhes under a most distressing cough. A few short months have done their work. One year ago, a stalwart, robust, enterprising man, full of life and enthusiasm, left his wife and children to seek his fortune in a distant land. He reached his destination, and struggled hard, his prospects alternating between hope and fear; still he struggled on until at last he discovered that some lurking disease was undermining his constit:ition. The approach was gradual, but it did its work. The victim borrowed money and sailed for home. He is before me. He is destined to clasp to his bosom, once more, his wife and children, but in one short week is borne to a neighboring church yard.

This is the history and fate of more than one of our passengers; we, however, have many on board who are returning with robust constitutions and well-filled purses. Their countenances are lighted up with the fond anticipation of soon being restored to those whose greeting smile and warm embrace will heal the laceration of the past.

The excitement runs high ; there is a prospect of reaching our dock by 10 o'clock. As we approach the Narrows, our steamer suddenly slackens her pace, and we hear a cry of "aground.” Our pilot has run us upon the shoals of Coney Island; the wheels are reversed, but we are fast; the lead is thrown with a cry of three fathoms o'the deep ho!” We can plainly see the light of the city looming up from the horizon, but the chances are against us. A new pilot comes on board, who points out the channel; our wheels are reversed, our tiller put hard down, and after several efforts, we are afloat, with the loss of part of our keel. As we pass through the Narrows, our pilot hands us the morning papers, containing a detail of the Hague street disaster. The city is now in sight, and we are steaming along with lightning speed; anxiety most intense. We near our pier, which we find much obstructed by ice; small boats attempt to come off for our hawser, but we are obliged to steam over toward Jersey City and come up again; this time we succeed, and as we are nearing the dock, the death of one of the passengers is announced. He was the last of a party of six that had embarked for, and I believe the only one of the party who


lived to reach California. He lost his health soon after his ar. rival there, and died upon reaching his native shore.

As the steamer was being warped around, a passengerin attempting to jump to the pier, missed it, and fell through the mass of floating ice below. He soon gained the surface, but, uttering the most heart-rending screams, again disappeared. He was eventually rescued, and I jumped for the pier with better success, and stepping into a hack, was rapidly driven in the direction of Broadway. It is now midnight. Thirteen months have elapsed since I left, and for the last six, I have not had the least intelligence from home. My feelings can better be imagined than described, as I pulled the bell at No. 3 Warren street.

ONE word to those about to embark for California. Take the least possible amount of baggage, in a trunk of the smallest possible size. As no one can anticipate the circumstances under which they may be placed there, nor the wants of a life in California; it is recommended to buy nothing here, as purchases can be made much more judiciously in San Francisco, and other towns in California, and at about as fair rates, at the same time saving the trouble and expense of transportation. The transit charges, by the Nicaragua route, are fifteen cents per pound; this is invariably extra, even if one has a transit passage-ticket, which are issued at a charge of about $25. A limited amount of bag. gage is taken down the Atlantic and up the Pacific free, but not across. Passengers taking the Panama route, are now landed at Aspinwall (Navy Bay), thence by railroad to Miller's Station, saving thirty miles of river travel; thence in a row-boat to Gorgona, where mules are stationed in abundance to transport to Panama, twenty-five miles distant. Passengers are landed on the dock at Aspinwall, free of charge, the transit charges being about the same as by the Nicaragua route.

Constitution of the state of California.


The delegates of the people, assembled in Convention, have formed a Constitution, which is now presented for your ratification. The time and manner of voting on this Constitution, and of holding the first general election, are clearly set forth in the schedule. The whole subject is, therefore, left for your unbiassed and deliberate consideration.

The Prefect (or person exercising the functions of that office) of each district, will designate the places for opening the polls, and give due notice of the election, in accordance with the provisions of the Constitution and schedule.

The people are now called upon to form a government for themselves, and to designate such officers as they desire, to make and execute the laws. That their choice may be wisely made, and that the government so organized may secure the permanent welfare and happiness of the people of the new State, is the sincere and earnest wish of the present Executive, who, if the Constitution be ratified, will, with pleasure, surrender his powers to whomsoever the people may designate as his successor. Given ai Monterey, California, this 12th day of October, A. D., 1849. (Signed)

B. RILEY, Brevet Brig. General, U. S. A., and Governor of California. (Official)

H. W. HALLECK, Brevet Captain and Secretary of State.

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We, the People of California, grateful to Almighty God for our freedom, in order to secure its blessings, do establish this Constitution:



Sec. 1. All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety and happiness.

Sec. 2. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people; and they have the right to alter or reform the same, whenever the public good may require it.

Sec. 3. The right of trial by jury shall be secured to all, and remain invio

late forever; but a jury trial may be waived by the parties, in all civil cases, in the manner to be prescribed by law.

Sec. 4. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this State; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience, hereby secured, shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State.

Sec. 5. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require its suspension.

Sec. 6. Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel or unusual punishments be inflicted, nor shall witnesses be unreasonably detained.

Sec. 7., All persons shall be bailable by sufficient sureties: unless for capital offences, when the proof is evident, or the presumption great.

Sec. 8. No person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of militia when in actual service, and the land and naval forces in time of war, or which this State may keep with the consent of Congress in time of peace, and in cases of petit larceny under the regulation of the Legislature,) unless on presentment or indictment of a grand jury; and in any trial in any court whatever, the party accused shall be allowed to appear and defend in person and with counsel, as in civil actions. No person shall be subject to be twice put in jeopardy for the same offence; nor shall he be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

Sec. 9. Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions on indictments for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives and for justifiable ends, the party shall be acquitted: and the jury shall have the right to determine the law and the fact.

Sec. 10. The people shall have the right freely to assemble together, to consult for the common good, to instruct their representatives, and to petition the legislature for redress of grievances.

Sec. 11. All laws of a general nature shall have a uniform operation,

Sec. 12. The military shall be subordinate to the civil power. No standing army shall be kept up by this State in time of peace; and in time of war no appropriation for a standing army shall be for a longer time than two years.

Sec. 13. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, except in the manner to be prescribed by law.

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