to make certain experiments in order to test the occupied weeks, and comprehended every refernature and character of the rock found in the ence, illustration, and authority that bore the cave. By means of a gun-barrel and a tub of remotest relation to the subject. Perhaps since water they smelted and condensed a small quan- the beginning of the Government no cause has tity, from which they obtained several globules been presented for adjudication in the courts inof quicksilver. Castillero made an informal de- volving greater interests, or graver or more comnouncement of his discovery before the Alcalde plicated questions, embracing as they did the of San Jose, and soon after returned to Mexico learning of the French jurisconsults, the princito give an account of his mission, taking with ples of the laws of nations, the history of all him specimens of the ore. The land upon which mining countries, ancient and modern; the docthe discovery was made was claimed by an old trines of the Common Law of England as to the ranchero named Berryessa, under a grant for rights of miners and the tenure of the soil, and military services. Castillero having exhibited the language, literature, and laws of Spain and his specimens in the City of Mexico, and made Mexico. The list of witnesses included the such representations as to induce the Govern- names of nearly all the prominent men who held ment to grant him facilities for the development office in Mexico at and about the dates of the of the mine, was about to return to California, title-papers in question; and it is said a steamwhen certain of the Anglo-Mexican capitalists ship was chartered to convey them from Mexico procured from him a cession of his claim, and to San Francisco. Day after day the courtin 1848 proceeded to work the mine, and take room was thronged with the beauty, wealth, and such steps as they deemed necessary to perfect fashion of San Francisco. For the first time in their title. A strict compliance with the Ordi- the history of its judicial proceedings places were nances of 1783, established by the King of Spain assigned to the gentler sex. The forensic disand still in force, was required under the Mex- cussion was worthy the cause and the scene. ican law. It was necessary to the validity of a The fame of the speakers, the novelty of the denouncement that a careful survey should be questions, the magnitude of the prize at stake, made, the course and inclination of the vein rendered the occasion one of surpassing interest. accurately defined, and a detailed registration The Castillero title was based upon a claim made before the proper authorities. That these to three thousand varas of ground in every direquirements were not complied with by Castil-rection from the centre of the mine, in virtue of lero appears from the decision of the case by the his denouncement; also to a two-league grant Supreme Court. of land from the Mexican Government. Two grants of land had been made in 1842 by Governor Alvarado, of California-one to a person named Justillarios, and the other to José Reyes Berryessa; and the mines were claimed by adverse parties under these grants, both of which had been confirmed by the Land Commission. Their boundaries, however, were in dispute, and this was the gist of nearly all the litigation. The Justillarios title was acquired by a man named Fossat, and that part of the "Capitancillos" became known as the Fossat Ranch. The Berryessa grant was acquired by the holders of the Castillero title, and was known as the San Vincente Ranch. There were various intermediate conveyances and complications, of no interest to the general reader.

Upper California was ceded to the United States by the treaty of Guadaloupe-Hidalgo, on the 2d of February, 1848. Our Government bound itself to protect the private property of all Mexicans in the territory acquired. The Mexican Government had made many grants of land for the purpose of colonization, and it became necessary to provide for the separation of the public from the private lands. Congress, in 1851, created a Board of Land Commissioners to pass upon the claims presented under the terms of the treaty. The title-papers to the New Almaden mine, derived from Andres Castillero, were recognized as genuine by two members of the Commission, and the title pronounced valid; the third Commissioner, assuming the genuineness of the papers, pronounced them invalid as a title. The case was carried to the United States District Court, where it was found in 1858 by Mr. Stanton, the present Secretary of War, who, under instructions from the Attorney-General, took proceedings to prevent the further working of the mine by the parties in possession. It was charged by the Government that the papers upon which the Castillero title was based had been fabricated after the cession of California, and consequently that the title was void. A writ of injunction was granted by the Court, restraining the parties in possession from the further working of the mine. The claimants then secured the professional aid of Reverdy Johnson and J. P. Benjamin, and the testimony and papers in the cause became expanded into several volumes. The arguments

After much deliberation the United States District Court decided in favor of Castillero's three-thousand-vara grant, but rejected his twoleague grant. From this decision the Government took an appeal to the Supreme Court of the United States, before which tribunal it was argued in 1863. The Fossat and Berryessa grants had been confirmed, but their boundaries were still in controversy. Government claimed as public domain the range of hills in which the quicksilver mines are located. The Supreme Court decided against the validity of the Castillero title. The efforts of the Government counsel were then principally directed to a determination of the boundaries which would exclude the mines from the Fossat and Berryessa grants, and place them upon public land. An exciting contest ensued; and it was not until April,

1864, that the case was brought to a close by a | ers, Italians, Chilenos, French, Germans, Irish, decision in favor of the claimants under the and various other races, representing altogether Fossat grant, allowing them three thousand three twenty-eight nationalities. To preserve harhundred and sixty acres of land, inclusive of the mony amidst so many incongruous elements mines. By compromise and purchase the pres- requires no ordinary tact, firmness, and soundent Quicksilver Mining Company, which holds ness of judgment. With occasional exceptions, its title under the Fossat grant, has acquired however, when aroused by some injurious or the title to the Berryessa grant, embracing 4438 exciting influence, they form as peaceable, oracres; so that its possessions now cover some derly, and harmless a community as any existtwelve square miles of land, including all the ing within the limits of California. mines and mining property heretofore in litiga- In the spring of 1863 Mr. Sam. F. Buttertion. It has been estimated that more than a worth, then President of the Company, was third of this extensive domain is traversed by commissioned by the Directors to visit Califorrich veins of cinnabar. The New Almaden nia and take charge of the mines. Various difmine, which yielded under its former ownership ficulties and vexed questions still existed as to 24,000,000 pounds of quicksilver, is but a single boundaries; and the long course of litigation, development of this vast mineral deposit. Ex- and repeated changes of administration in the clusive of the time it was closed by injunction, working of the mines, had resulted in a loose the total value of the products derived from this system of operations which required the judimine, and from the Enriqueta and other branches cious exercise of a controlling power. Mr. Butof the same great cinnabar deposit, during the terworth had taken a prominent part in the propast twelve years, amounts to about fifteen mill- ceedings which had resulted in favor of the ions of dollars in gold. The permanent improve- Company, and was not only thoroughly familiar ments on the property of the Company consist of with the details of the controversy, but possessed 405 buildings, comprising dwelling-houses, work- peculiar qualifications for the discharge of the shops, and stores, erected at a cost of $160,000; duties with which he was intrusted. It needed six furnaces at the hacienda, costing about a man of great firmness of character, clear and $100,000; and a railway from the mines to the comprehensive intellect, and long experience in furnaces, which, when in complete working or- financial matters, combined with agreeable mander, will probably cost about $20,000. In the ners and a popular reputation, to bring order employ of the Company, and directly or indi- out of the chaos which existed at New Almarectly dependent upon it, there is at this time a den. Such a selection was that made by the total population of 1943, about five-eighths of Company, and the result has proved highly satwhom are Mexicans or native Californians. The isfactory to all parties interested. Mr. Butterremainder consist of Americans, Cornish min-worth, having made all the preliminary arrange

8. F. BUTTERWORTH.

showing an increase of nearly double under the present management. In a corresponding ratio the foreign and domestic trade in quicksilver has augmented. The exports to foreign countries now average over 3000 flasks per month, viz., to China, 4250; Mexico, 1000; Callao, 500; and Valparaiso, 300. In California and Nevada about 1000 flasks a month are consumed, of which this Company furnishes 600; the Guadaloupe and New Idria companies furnish about 250 flasks, and 150 flasks are derived from miscellaneous sources. For a few months past the New Almaden mines have averaged 4500 flasks, of which the surplus-over the foreign shipments and domestic consumption, as above stated-is exported to London and the continent of Europe. It may seem strange that the export of this article to China should be so large, compared with the consumption in California and Nevada; but the explanation is simple enough. Quicksilver is extensively used in China for mechanical purposes, and also for the preparation of the vermilion coloring which contributes so much to the bloom of ladies' cheeks all over the world, especially in the highly-civilized parts of it. In California and Nevada the modern improvements in the art of mining result in a great saving of material. Much of the quicksilver used performs its functions many times over. The demand, nevertheless, is rapidly increasing, with the development of our new mineral districts.

From San Jose to the Hacienda, a distance of twelve miles, the country is nearly level, and the road is fringed with luxuriant groves of oak, cotton-wood, sycamore, and willow. A more delightful drive is not to be found in California. Two lines of stages make a daily trip each way; so that passengers from San Francisco are enabled to reach the mines within four or five hours. Private conveyances are always to be had, especially if the visitor be so fortunate as to enjoy the acquaintance of the general agent and factor, whose kindness and hospitality are proverbial.

ments for the permanent working of the mines, visited Arizona during the winter of 1863-'4,* and returned to New York in February. So well pleased were the Directors with the result of his labors that they offered him the most liberal inducements to return to California. He had held the Presidency since the organization of the Company, but resigned it on grounds of local expediency, accepted the more responsible and onerous position of general agent and factor, and returned to California in July, 1864, under an engagement for five years. As such agent and factor he was empowered to make all purchases for the operation of the mines, to receive and dispose of their products, to have full control over all the employés, and to make all necessary provision for the development and extension of the business. Since he assumed entire control a marked and beneficial change has taken place at the mines. Industry, order, and respect for the constituted authorities prevail. Every man knows his place and performs his duty. The most complicated branches of Entering the shady groves of the Arroya de the business have been systematized; and the los Alamilos, the road winds along the decliviwhole of this vast concern, in all its ramifica- ties of the cañon for a distance of a mile and a tions, works with the regularity of a machine. half, when a little to the left is seen the capaAs a consequence, the products of the mine cious mansion now known as the Hacienda, or have enhanced to a degree unparalleled in the head-quarters, its massive walls and broad vehistory of quicksilver mining. No such results randas embosomed in shrubbery. The eye dehave ever before been produced either here or in lights to rest upon such a scene of rural comany other country. The average annual pro- fort, which presents not only the rarest natural duct for eleven years, from July, 1850, to Au- beauties but the highest evidences of cultivated gust, 1863-deducting a period of two years be- taste. Flowers of rich and variegated hues bloom tween November, 1858, and January, 1861, dur. in the gardens, graveled walks traverse the or ing which the mines were closed by injunction--chards and graperies, and wind through the was about 28,000 flasks, † or a little over 2333 umbrageous groves that fringe the Alamilos. flasks per month. The average monthly product for ten months, from September, 1863, to June, 1864, was 2774 flasks; and for six months, from July to December, 1864, 4118 flasks,

See Harper's Magazine for February, 1865.

† A flask contains about 75 pounds, value 65 cents a pound.

The music of rippling waters chimes pleasantly with the singing of birds and the happy voices of children. An air of luxury and refinement pervades the premises. All the offices and ap. pointments are in excellent taste, combining simplicity and rural effect with convenience and elegance. One is reminded of the sumptuous

and old-fashioned homes in the South-now, the door; spirited horses, saddled for the ladies alas! desolated by civil war. Here all is peace and their attendants, prance impatiently at their and prosperity. Carriages are drawn up before posts; easy-chairs scattered along the veranda

are occupied by such of the guests as prefer the fragrant Havana and the last newspaper to the excitement of an excursion up the mountains. Happy is he who can spare a few days from his business in the city and partake of the social amenities that prevail at the Hacienda; for here is luxury without pretense, elegance without restraint, and hospitality without affectation, where all may enjoy that rarest privilege-perfect liberty to be happy in their own way.

that bind the community together.

Standing in bold relief near the entrance of the first plateau is the Company's storehouse, recently erected by order of the General Agent for the accommodation and protection of the miners. The privileges heretofore granted to independent traders had resulted in such gross abuses that a withdrawal of their licenses became absolutely essential to the welfare of the commu nity. It was impossible to hold them to such a rigid accountability as would prevent extortion and fraud. The miners were constantly cheated of their earnings; and still more injurious consequences followed from the demoralizing habits that prevailed at these places of resort. Mr. Butterworth calmly "considered the position;" made up his mind that something must be done; and at one fell swoop exterminated the enemy. It was a bold stroke, calculated to arouse the most violent hostility even on the part of the miners themselves, who are extremely sensitive on the subject of independence; but it was good for them, and it was effectual.

Their right to be swindled and made drunk on the Company's possessions has been curtailed, but their independence has not been in any degree sacrificed. At the public storehouse they can purchase at the San Francisco market prices, with the addition of freight, the best quality of goods; or they can purchase wherever else they please beyond the Company's lines, and have their goods transported to their cottages free of charge. Since the establishment of the system the utmost satisfaction prevails.

Some of the most delightful days I have ever spent in California have been in this charming retreat, where, for the time, the busy cares of the world were forgotten and the day-dreams of youth revived. A stroll through the gardens in the early morning, when the sun's rays glittered through the foliage, and the flowers gave forth their most delicate odors; a bath in the sparkling waters of the Alamilos; a view from the grass-covered slopes of the east hill, and a pleasant saunter back by the island and the Chinese Pagoda, were among the enjoyments that ushered in the day. Then came breakfast and cigars and the last evening's pa- Passing on for a distance of half a mile we per from San Francisco; and then, by special come to the Town on the Hill, containing a mixappointment, the ambulance, with its spirited ed population of seventeen or eighteen hundred. horses; and the glorious drive up the mount- Here is a little world in itself, presenting interains, over a road scarcely surpassed for scenic esting material for the student of human naeffects by the winding turnpikes of Switzerland. ture-nearly two thousand souls, living within On every side are the most cheering evidences a circuit of a few miles, representing twentyof progress and prosperity. Neat cottages, oc- eight nationalities, yet orderly and industrious cupied by the workmen and their families, adorn and with as few bickerings or jealousies as comthe coziest nooks by the road-side as the visitor monly exist in a community of the same numapproaches the mines; wagons, heavily laden ber bound together by all the ties of consanwith ores, pass down to the Reduction Works; guinity. Each preserves its national characterand the sounds of hammer and anvil and whis-istics. The Americans are bold and enterpristling steam-engines, and the dull reverberation ing, wasteful and prodigal, restless and some of the subterranean blasts, give evidence of the what disposed to quarrel; but fortunately there