USA > California > Los Angeles County > Los Angeles > A history of California and an extended history of Los Angeles and environs : also containing biographies of well-known citizens of the past and present, Volume I > Part 23
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"Done at Monterey, capital of California, this Ist day of March, A. D. 1847. W. Branford
Shubrick, commander-in-chief of the naval forces. S. W. Kearny, Brig .- Gen. United States Army, and Governor of California."
Under the administration of Col. Richard B. Mason, the successor of General Kearny as military governor, the reconstruction, or, more appropriately, the transformation period began. The orders from the general government were to conciliate the people and to make no radical changes in the form of government. The Mex- ican laws were continued in force. Just what these laws were, it was difficult to find out. No code commissioner had codified the laws and it sometimes happened that the judge made the law to suit the case. Under the old régime the al- calde was often law-giver, judge, jury and exe- cutioner, all in one. Occasionally there was fric- tion between the military and civil powers, and there were rumors of insurrections and inva- sions, but nothing came of them. The Califor- nians, with easy good nature so characteristic of them, made the best of the situation. "A thousand things," says Judge Hays, "combined to smooth the asperities of war. Fremont had been courteous and gay; Mason was just and firm. The natural good temper of the popula- tion favored a speedy and perfect conciliation. The American officers at once found themselves happy in every circle. In suppers, balls, visiting in town and country, the hours glided away with pleasant reflections."
There were, however, a few individuals who were not happy unless they could stir up dis- sensions and cause trouble. One of the chief of these was Serbulo Varela, agitator and revolu- tionist. Varela, for some offense not specified in the records, had been committed to prison by the second alcalde of Los Angeles. Colonel Ste- venson turned him out of jail, and Varela gave the judge a tongue lashing in refuse Castilian. The judge's official dignity was hurt. He sent a communication to the ayuntamiento saying: "Owing to personal abuse which I received at the hands of a private individual and from the present military commander, I tender my resig- nation."
The ayuntamiento sent a communication to Colonel Stevenson asking why he had turned Varela out of jail and why he had insulted the
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judge. The colonel curtly replied that the mili- tary would not act as jailers over persons guilty of trifling offenses while the city had plenty of persons to do guard duty at the jail. As to the abuse of the judge, he was not aware that any abuse had been given, and would take no further notice of him unless he stated the nature of the insult offered him. The council decided to no- tify the governor of the outrage perpetrated by the military commander, and the second alcalde said since he could get no satisfaction for insults to his authority from the military despot, he would resign; but the council would not accept his resignation, so he refused to act, and the city had to worry along with one alcalde.
Although foreigners had been coming to Cali- fornia ever since 1814, their numbers had not increased very rapidly. Nearly all of these had found their way there by sea. Those who had become permanent residents had married native Californian women and adopted the customs of the country. Capt. Jedediah S. Smith, in 1827, crossed the Sierra Nevada mountains from Cali- fornia and by way of the Humboldt, or, as he named it, the Mary River, had reached the Great Salt Lake. From there through the South Pass of the Rocky mountains the route had been traveled for several years by the fur trappers. This latter became the great emigrant route to California a few years later. A southern route by way of Santa Fe had been marked out and the Pattee party had found their way to the Colorado by the Gila route, but so far no emi- grant trains had come from the States to Cali- fornia with women and children. The first of these mixed trains was organized in western Missouri in May, 1841. The party consisted of sixty-nine persons, including men, women and children. This party divided at Soda Springs, half going to Oregon and the others keeping on their way to California. They reached the San Joaquin valley in November, 1841, after a toil- some journey of six months. The first settle- ment they found was Dr. Marsh's ranch in what is now called Contra Costa county. Marsh gave them a cordial reception at first, but afterwards treated them meanly.
Fourteen of the party started for the Pueblo de San José. At the Mission of San José,
twelve miles from the Pueblo, they were all ar- rested by order of General Vallejo. One of the men was sent to Dr. Marsh to have him come forthwith and explain why an armed force of his countrymen were roaming around the coun- try without passports. Marsh secured their re- lease and passports for all the party. On his return home he charged the men who had re- mained at his ranch $5 each for a passport, al- though the passports had cost him nothing. As there was no money in the party, each had to put up some equivalent from his scanty posses- sions. Marsh had taken this course to reim- burse himself for the meal he had given the half-starved emigrants the first night of their arrival at his ranch.
In marked contrast with the meanness of Marsh was the liberality of Captain Sutter. Sut- ter had built a fort at the junction of the Amer- ican river and the Sacramento in 1839 and had obtained extensive land grants. His fort was the frontier post for the overland emigration. Gen. John Bidwell, who came with the first emigrant train to California, in a description of "Life in California Before the Gold Discovery," says: "Nearly everybody who came to Califor- nia then made it a point to reach Sutter's Fort. Sutter was one of the most liberal and hospita- ble of men. Everybody was welcome, one man or a hundred, it was all the same."
Another emigrant train, known as the Work- man-Rowland party, numbering forty-five per- sons, came from Santa Fe by the Gila route to Los Angeles. About twenty-five of this party were persons who had arrived too late at West- port, Mo., to join the northern emigrant party, so they went with the annual caravan of St. Louis traders to Santa Fe and from there, with traders and trappers, continued their journey to California. From 1841 to the American con- quest immigrant trains came across the plains every year.
One of the most noted of these, on account of the tragic fate that befell it, was the Donner party. The nucleus of this party, George and Jacob Donner and James K. Reed, with their families, started from Springfield, Ill., in the spring of 1846. By accretions and combinations, when it reached Fort Bridger, July 25, it had
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increased to eighty-seven persons-thirty-six men, twenty-one women and thirty children, under the command of George Donner. A new route called the Hastings Cut-Off, had just been opened by Lansford W. Hastings. This route passed to the south of Great Salt Lake and struck the old Fort Hall emigrant road on the Humboldt. It was claimed that the "cut-off" shortened the distance three hundred miles. The Donner party, by misrepresentations, were induced to take this route. The cut-off proved to be almost impassable. They started on the cut-off the last day of July, and it was the end of September when they struck the old emigrant trail on the Humboldt. They had lost most of their cattle and were nearly out of provisions. From this on, unmerciful disaster followed them fast and faster. In an altercation, Reed, one of the best men of the party, killed Snyder. He was banished from the train and compelled to leave his wife and children behind. An old Belgian named Hardcoop and Wolfinger, a German, unable to keep up, were abandoned to die on the road. Pike was accidentally shot by Foster. The Indians stole a number of their cattle, and one calamity after another delayed them. In the latter part of October they had reached the Truckee. Here they encountered a heavy snow storm, which blocked all further progress. They wasted their strength in trying to ascend the mountains in the deep snow that had fallen. Finally, finding this impossible, they turned back and built cabins at a lake since known as Donner Lake, and prepared to pass the winter. Most of their oxen had strayed away during the storm and perished. Those still alive they killed and preserved the meat.
A party of fifteen, ten men and five women,
known as the "Forlorn Hope," started, Decem- ber 16, on snowshoes to cross the Sierras. They had provisions for six days, but the journey consumed thirty-two days. Eight of the ten men perished, and among them the noble Stan- ton, who had brought relief to the emigrants from Sutter's Fort before the snows began to fall. The five women survived. Upon the ar- rival of the wretched survivors of the "Forlorn Hope," the terrible sufferings of the snow-bound immigrants were made known at Sutter's Fort, and the first relief party was organized, and on the 5th of February started for the lake. Seven of the thirteen who started succeeded in reach- ing the lake. On the 19th they started back with twenty-one of the immigrants, three of whom died on the way. A second relief, under Reed and Mccutchen, was organized. Reed had gone to Yerba Buena to seek assistance. A public meeting was called and $1,500 subscribed. The second relief started from Johnston's Ranch, the nearest point to the mountains, on the 23d of February and reached the camp on March Ist. They brought out seventeen. Two others were organized and reached Donner Lake, the last on the 17th of April. The only survivor then was Keseburg, a German, who was hated by all the company. There was a strong suspicion that he had killed Mrs. Don- ner, who had refused to leave her husband (who was too weak to travel) with the previous relief. There were threats of hanging him. Keseburg had saved his life by eating the bodies of the dead. Of the original party of eighty-seven, a total of thirty-nine perished from starvation. Most of the survivors were compelled to resort to cannabalism. They were not to blame if they did.
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CHAPTER XXII.
MEXICAN LAWS AND AMERICAN OFFICIALS.
U PON the departure of General Kearny, May 31, 1847, Col. Richard B. Mason became governor and commander-in- chief of the United States forces in California by order of the president. Stockton, Kearny and Fremont had taken their departure, the dissensions that had existed since the conquest of the territory among the conquerors ceased, and peace reigned.
There were reports of Mexican invasions and suspicions of secret plottings against gringo rule, but the invaders came not and the plottings never produced even the mildest form of a Mexi- can revolution. Mexican laws were adminis- tered for the most part by military officers. The municipal authorities were encouraged to con- tinue in power and perform their governmental functions, but they were indifferent and some- times rebelled. Under Mexican rule there was no trial by jury. The alcalde acted as judge and in criminal cases a council of war settled the fate of the criminal. The Rev. Walter Colton, while acting as alcalde of Monterey, in 18.46-47, impaneled the first jury ever summoned in Cali- fornia. "The plaintiff and defendant," he writes, "are among the principal citizens of the country. The case was one involving property on the one side and integrity of character on the other. Its merits had been pretty widely discussed, and had called forth an unusual interest. One-third of the jury were Mexicans, one-third Califor- nians and the other third Americans. This mix- ture may have the better answered the ends of justice, but I was apprehensive at one time it would embarrass the proceedings; for the plaint- iff spoke in English, the defendant in French; the jury, save the Americans, Spanish, and the witnesses, all the languages known to California. By the tact of Mr. Hartnell, who acted as inter- preter, and the absence of young lawyers, we got along very well.
"The examination of witnesses lasted five or six hours. I then gave the case to the jury, stating the questions of fact upon which they were to render their verdict. They retired for an hour and then returned, when the foreman handed in their verdict, which was clear and explicit, though the case itself was rather com- plicated. To this verdict both parties bowed without a word of dissent. The inhabitants who witnessed the trial said it was what they liked, that there could be no bribery in it, that the opinion of twelve honest men should set the case forever at rest. And so it did, though neither party completely triumphed in the issue. One recovered his property, which had been taken from him by mistake, the other his char- acter, which had been slandered by design."
The process of Americanizing the people was no easy undertaking. The population of the country and its laws were in a chaotic condition. It was an arduous task that Colonel Mason and the military commanders at the various pueblos had to perform, that of evolving order out of the chaos that had been brought about by the change in nations. The native population neither understood the language nor the cus- toms of their new rulers, and the newcomers among the Americans had very little toleration for the slow-going Mexican ways and methods they found prevailing. To keep peace between the factions required more tact than knowledge of law, military or civil, in the commanders.
Los Angeles, under Mexican domination, had been the storm center of revolutions, and here under the new régime the most difficulty was encountered in transforming the quondam rev- olutionists into law-abiding and peaceful Amer- ican citizens. The ayuntamiento was convened in 1847, after the conquest, and continued in power until the close of the year. When the time came round for the election of a new ayun-
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tamiento there was trouble. Stephen C. Foster, Colonel Stevenson's interpreter, submitted a paper to the council stating that the govern- ment had authorized him to get up a register of voters. The ayuntamiento voted to return the paper just as it was received. Then the colonel made a demand of the council to assist Stephen in compiling a register of voters. Regidor Cha- vez took the floor and said such a register should not be gotten up under the auspices of the military, but, since the government had so disposed, thereby outraging this honorable body, no attention should be paid to said com- munication. But the council decided that the matter did not amount to much, so they granted the request, much to the disgust of Chavez. The election was held and a new ayuntamiento elected. At the last meeting of the old council, December 29, 1847, Colonel Stevenson ad- dressed a note to it requesting that Stephen C. Foster be recognized as first alcalde and judge of the first instance. The council decided to turn the whole business over to its successor, to deal with as it sees fit.
Colonel Stevenson's request was made in ac- cordance with the wish of Governor Mason that a part of the civil offices be filled by Amer- icans. The new ayuntamiento resented the in- terference. How the matter terminated is best told in Stephen C. Foster's own words: "Colo- nel Stevenson was determined to have our in- auguration done in style. So on the day ap- pointed, January 1, 1848, he, together with myself and colleague, escorted by a guard of soldiers, proceeded from the colonel's quarters to the alcalde's office. There we found the re- tiring ayuntamiento and the new one awaiting our arrival. The oath of office was adminis- tered by the retiring first alcalde. We knelt to take the oath, when we found they had changed their minds, and the alcalde told us that if two of their number were to be kicked out they would all go. So they all marched out and left us in possession. Here was a dilemma, but Colonel Stevenson was equal to the emergency. He said he could give us a swear as well as the alcalde. So we stood up and he administered to us an oath to support the constitution of the United States and administer justice in ac-
cordance with Mexican law. I then knew as much about Mexican law as I did about Chinese, and my colleague knew as much as I did. Guer- rero gathered up the books that pertained to his office and took them to his house, where he established his office, and I took the archives and records across the street to a house I had rented, and there I was duly installed for the next seventeen months, the first American al- calde and carpet-bagger in Los Angeles."
Colonel Stevenson issued a call for the elec- tion of a new ayuntamiento, but the people stayed at home and no votes were cast. At the close of the year the voters had gotten over their pet and when a call was made a council was elected, but only Californians (hijos del pais) were returned. The ayuntamientos con- tinued to be the governing power in the pueblos until superseded by city and county govern- ments in 1850.
The most difficult problem that General Kear- ny in his short term had to confront and, un- solved, he handed down to his successor, Colo- nel Mason, was the authority and jurisdiction of the alcaldes. Under the Mexican régime these officers were supreme in the pueblo over which they ruled. For the Spanish transgressor fines of various degrees were the usual penalty; for the mission neophyte, the lash, well laid on, and labor in the chain gang. There was no written code that defined the amount of pun- ishment; the alcalde meted out justice and some- times injustice, as suited his humor. Kearny appointed John H. Nash alcalde of Sonoma. Nash was a rather erratic individual, who had taken part in the Bear Flag revolution. When the offices of the prospective California Re- public were divided among the revolutionists, he was to be the chief justice. After the col- lapse of that short-lived republic, Nash was elected alcalde. His rule was so arbitrary and his decisions so biased by favoritism or preju- dice that the American settlers soon protested and General Kearny removed him or tried to. He appointed L. W. Boggs, a recently arrived immigrant, to the office. Nash refused to sur- render the books and papers of the office. Lieut. W. T. Sherman was detailed by Colonel Mason, after his succession to the office of governor, to
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proceed to Sonoma and arrest Nash. Sherman quietly arrested him at night and before the bellicose alcalde's friends (for he had quite a fol- lowing) were aware of what was going on, marched him off to San Francisco. He was put on board the Dale and sent to Monterey. Finding that it was useless for him to resist the authority of the United States, its army and navy as well, Nash expressed his willingness to submit to the inevitable, and surrendered his office. He was released and ceased from troub- ling. Another strenuous alcalde was William Blackburn, of Santa Cruz. He came to the country in 1845, and before his elevation to the honorable position of a judge of the first in- stance he had been engaged in making shingles in the redwoods. He had no knowledge of law and but little acquaintance with books of any kind. His decisions were always on the side of justice, although some of the penalties imposed were somewhat irregular.
In Alcalde Blackburn's docket for August 14, 1847, appears this entry: "Pedro Gomez was tried for the murder of his wife, Barbara Gomez, and found guilty. The sentence of the court is that the prisoner be conducted back to prison, there to remain until Monday, the 16th of Au- gust, and then be taken out and shot." August 17, sentence carried into effect on the 16th ac- cordingly. WILLIAM BLACKBURN, Alcalde.
It does not appear in the records that Black- burn was the executioner. He proceeded to dispose of the two orphaned children of the murderer. The older daughter he indentured to Jacinto Castro "to raise until she is twenty-one years of age, unless sooner married, said Ja- cinto Castro, obligating himself to give her a good education, three cows and calves at her marriage or when of age." The younger daugh- ter was disposed of on similar terms to A. Rod- riguez. Colonel Mason severely reprimanded Blackburn, but the alcalde replied that there was no use making a fuss over it; the man was guilty, he had a fair trial before a jury and de- served to die. Another case in his court illus- trates the versatility of the judge. A Spanish boy, out of revenge, sheared the mane and tail of a neighbor's horse. The offense was proved,
but the judge was sorely perplexed when he came to sentence the culprit. He could find no law in his law books to fit the case. After pon- dering over the question a while, he gave this decision: "I find no law in any of the statutes to fit this case, except in the law of Moses, 'An eye for an eye and a tooth for a tooth.' Let the prisoner be taken out in front of this office and there sheared close." The sentence was imme- diately executed.
Another story is told of Blackburn, which may or may not be true. A mission Indian who had committed murder took the right of sanc- tuary in the church, and the padre refused to give him up. Blackburn wrote to the governor, stating the case. The Indian, considering him- self safe while with the padre, left the church in company with the priest. Blackburn seized him, tried him and hung him. He then reported to the governor: "I received your order to sus- pend the execution of the condemned man, but I had hung him. When I see you I will ex- plain the affair."
Some of the military commanders of the pre- sidios and pueblos gave Governor Mason as much trouble as the alcaldes. These, for the most part, were officers of the volunteers who had arrived after the conquest. They were un- used to "war's alarms," and, being new to the country and ignorant of the Spanish lan- guage, they regarded the natives with suspicion. They were on the lookout for plots and revolu- tions. Sometimes they found these incubating and undertook to crush them, only to discover that the affair was a hoax or a practical joke. The Cañon Perdido (lost cañon) of Santa Bar- bara episode is a good illustration of the trouble one "finicky" man can make when en- trusted with military power.
In the winter of 1847-48 the American bark Elisabeth was wrecked on the Santa Barbara coast. Among the flotsam of the wreck was a brass cannon of uncertain calibre; it might have been a six, a nine or a twelve pounder. What the capacity of its bore matters not, for the gun unloaded made more noise in Santa Barbara than it ever did when it belched forth shot and shell in battle. The gun, after its rescue from a watery grave, lay for some time on the beach,
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devoid of carriage and useless, apparently, for offense or defense.
One dark night a little squad of native Cali- fornians stole down to the beach, loaded the gun in an ox cart, hauled it to the estero and hid it in the sands. What was their object in taking the gun no one knows. Perhaps they did not know themselves. It might come handy in a revolution, or maybe they only intended to play a practical joke on the gringos. Whatever their object, the outcome of their prank must have astonished them. There was a company (F) of Stevenson's New York volunteers sta- tioned at Santa Barbara, under command of Captain Lippett. Lippett was a fussy, nervous individual who lost his head when anything un- usual occurred. In the theft of the cannon he thought he had discovered a California revolu- tion in the formative stages, and he determined to crush it in its infancy. He sent post haste a courier to Governor Mason at Monterey, in- forming him of the prospective uprising of the natives and the possible destruction of the troops at Santa Barbara by the terrible gun the enemy had stolen.
Colonel Mason, relying on Captain Lippett's report, determined to give the natives a lesson that would teach them to let guns and revolu- tions alone. He issued an order from headquar- ters at Monterey, in which he said that ample time having been allowed for the return of the gun, and the citizens having failed to produce it, he ordered that the town be laid under a con- tribution of $500, assessed in the following man- ner: A capitation tax of $2 on all males over twenty years of age; the balance to be paid by the heads of families and property-holders in the proportion of the value of their respective real and personal estate in the town of Santa Bar- bara and vicinity. Col. J. D. Stevenson was ap- pointed to direct the appraisement of the prop- erty and the collection of the assessment. If any failed to pay his capitation, enough of his property was to be seized and sold to pay his enforced contribution.
The promulgation of the order at Santa Bar- bara raised a storm of indignation at the old pueblo. Colonel Stevenson came up from Los Angeles and had an interview with Don Pablo
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