Note 3 — Concepción De Argüello.

At the time of Marshall's discovery, the United States was still at war with Mexico, its sovereignty over the soil of California not being recognized by the latter. The treaty of Guadalupe Hidalgo was not signed until February 2d, and the ratified copies thereof not exchanged at Querétaro till May 30, 1848. On the 12th of February, 1848, ten days after the signing of the treaty of peace and about three weeks after the discovery of gold at Coloma, Colonel Mason did the pioneers a signal service by issuing, as Governor, the proclamation concerning the mines, which at the time was taken as a finality and certainty as to the status of mining titles in their international aspect. "From and after this date," the proclamation read, "the Mexican laws and customs now prevailing in California relative to the denouncement of mines are hereby abolished." Although, as the law was fourteen years afterwards expounded by the United States Supreme Court, the act was unnecessary as a precautionary measure[3] still the practical result of the timeliness of the proclamation was to prevent attempts to found private titles to the new discovery of gold on any customs or laws of Mexico.