A history of California and an extended history of its southern coast counties, also containing biographies of well-known citizens of the past and present, Volume I, Part 24

Author: Guinn, James Miller, 1834-1918
Publication date: 1907
Publisher: Los Angeles, Cal., Historic record company
Number of Pages: 1184

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Col. Philip St. George Cooke, of the Mormon battalion, was made commander of the military district of the south with headquarters at Los Angeles. Fremont's battalion was mustered out of service. The Mormon soldiers and the two companies of United States Dragoons who came with General Kearny were stationed at Los Angeles to do guard duty and prevent any uprising of the natives.

Colonel Fremont's appointment as governor of California had never been recognized by General Kearny. So when the general had made himself supreme at Monterey he ordered Fremont to report to him at the capital and turn over the papers of his governorship. Fre- mont did so and passed out of office. He was nominally governor of the territory about two months. His appointment was made by Com- modore Stockton, but was never confirmed by the president or secretary of war. His jurisdic- tion did not extend beyond Los Angeles. He left Los Angeles May 12 for Monterey. From that place, in company with General Kearny, on May 31, he took his departure for the states. The relations between the two were strained. While ostensibly traveling as one company, each officer, with his staff and escort, made sep- arate camps. At Fort Leavenworth General Kearny placed Fremont under arrest and pre- ferred charges against him for disobedience of orders. He was tried by court-martial at Wash-

ington and was ably defended by his father-in- law, Colonel Benton, and his brother-in-law, William Carey Jones. The court found him guilty and fixed the penalty, dismissal from the service. President Polk remitted the penalty and ordered Colonel Fremont to resume his sword and report for duty. He did so, but shortly afterward resigned his commission and left the army.

While Colonel Cooke was in command of the southern district rumors reached Los An- geles that the Mexican general, Bustamente, with a force of fifteen hundred men, was pre- paring to reconquer California. "Positive infor- mation," writes Colonel Cooke, under date of April 20, 1847, "has been received that the Mexican government has appropriated $600,000 towards fitting out this force." It was also re- ported that eannon and military stores had been landed at San Vicente, in Lower California. Rumors of an approaching army came thick and fast. The natives were supposed to be in league with Bustamente and to be secretly preparing for an uprising. Precautions were taken against a surprise. A troop of cavalry was sent to Warner's ranch to patrol the Sonora road as far as the desert. The construction of a fort on the hill fully commanding the town, which had previously been determined upon, was begun and a company of infantry posted on the hill.

On the 23d of April, three months after work had ceased on Emory's fort, the construction of the second fort was begun and pushed vigor- ously. Rumors continued to come of the ap- proach of the enemy. May 3, Colonel Cooke writes: "A report was received through the most available sources of information that Gen- eral Bustamente had crossed the Gulf of Cali- fornia near its head, in boats of the pearl fishers, and at last information was at a rancho on the western road, seventy leagues below San Diego." Colonel Stevenson's regiment of New York volunteers had recently arrived in Cali- fornia. Two companies of that regiment had been sent to Los Angeles and two to San Diego. The report that Colonel Cooke had re- ceived reinforcement and that Los Angeles was being fortified was supposed to have frightened

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Bustamente into abandoning his invasion of California. Bustamente's invading army was largely the creation of somebody's fertile imag- ination. The scare, however, had the effect of hurrying up work on the fort. May 13, Colo- nel Cooke resigned and Col. J. B. Stevenson succeeded him in the command of the southern military district.

Colonel Stevenson continued work on the fort and on the Ist of July work had progressed so far that he decided to dedicate and name it on the 4th. He issued an official order for the celebration of the anniversary of the birthday of American independence at this port, as he called Los Angeles. "At sunrise a Federal salute will be fired from the field work on the hill which commands this town and for the first time from this point the American standard will be dis- played. At II o'clock all the troops of the district, consisting of the Mormon battalion, the two companies of dragoons and two companies of the New York volunteers, were formed in a hollow square at the fort. The Declaration of Independence was read in English by Captain Stuart Taylor and in Spanish by Stephen C. Foster. The native Californians, seated on their horses in rear of the soldiers, listened to Don Esteban as he rolled out in sonorous Spanish the Declaration's arraignment of King George III., and smiled. They had probably never heard of King George or the Declaration of Independ- ence, either, but they knew a pronunciamiento when they heard it, and after a pronunciamiento in their governmental system came a revolution, therefore they smiled at the prospect of a gringo revolution. "At the close of this ceremony (reading of the Declaration) the field work will be dedicated and appropriately named; and at 12 o'clock a national salute will be fired. The field work at this post having been planned and the work conducted entirely by Lieutenant Da- vidson of the First Dragoons, he is requested to hoist upon it for the first time on the morn- ing of the 4th the American standard." * *

The commander directs that from and after the 4th instant the fort shall bear the name of Moore. Benjamin D. Moore, after whom the fort was named, was captain of Company A, First United States Dragoons. He was killed by a

lance thrust in the disastrous charge at the bat- tle of San Pasqual. This fort was located on what is now called Fort Hill, near the geograph- ical center of Los Angeles. It was a breastwork about four hundred feet long with bastions and embrasures for cannon. The principal em- brasure commanded the church and the plaza, two places most likely to be the rallying points in a rebellion. It was built more for the sup- pression of a revolt than to resist an invasion. It was in a commanding position; two hundred men, about its capacity, could have defended it against a thousand if the attack came from the front; but as it was never completed, in an at- tack from the rear it could easily have been cap- tured with an equal force.

Col. Richard B. Mason succeeded General Kearny as commander-in-chief of the troops and military governor of California. Col. Philip St. George Cooke resigned command of the military district of the south May 13, joined General Kearny at Monterey and went east with him. As previously stated, Col. J. D. Ste- venson, of the New York volunteers, succeeded him. His regiment, the First New York, but really the Seventh, had been recruited in the eastern part of the state of New York in the summer of 1846, for the double purpose of con- quest and colonization. The United States gov- ernment had no intention of giving up California once it was conquered, and therefore this regi- ment came to the coast well provided with pro- visions and implements of husbandry. It came to California via Cape Horn in three transports. The first ship, the Perkins, arrived at San Francisco, March 6, 1847; the second, the Drew, March 19; and the third, the Loo Choo, March 26. Hostilities had ceased in California before their arrival. Two companies, A and B, under command of Lieutenant-Colonel Burton, were sent to Lower California, where they saw hard service and took part in several engagements. The other companies of the regiment were sent to different towns in Alta California to do gar- rison duty.

Another military organization that reached California after the conquest was Company F of the Third United States Artillery. It landed at Monterey January 28, 1847. It was com-

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manded by Capt. C. Q. Thompkins. With it came Lieuts. E. O. C. Ord, William T. Sher- man and H. W. Halleck, all of whom became prominent in California affairs and attained na- tional reputation during the Civil war. The Mormon battalion was mustered out in July, 1847. One company under command of Cap- tain Hunt re-enlisted. The others made their way to Utah, where they joined their brethren who the year before had crossed the plains and founded the City of Salt Lake. The New York volunteers were discharged in August, 1848. After the treaty of peace, in 1848, four compa- nies of United States Dragoons, under com- mand of Major L. P. Graham, marched from Chihuahua, by way of Tucson, to California. Major Graham was the last military commander of the south.

Commodore W. Branford Shubrick succeeded Commodore Stockton in command of the naval forces of the north Pacific coast. Jointly with General Kearny he issued a circular or proc- lamation to the people of California, printed in English and Spanish, setting forth "That the president of the United States, desirous to give and secure to the people of California a share of the good government and happy civil organ- ization enjoyed by the people of the United States, and to protect them at the same time from the attacks of foreign foes and from inter- nal commotions, has invested the undersigned with separate and distinct powers, civil and mil- itary; a cordial co-operation in the exercise of which, it is hoped and believed, will have the happy results desired.

"To the commander-in-chief of the naval forces the president has assigned the regula- tion of the import trade, the conditions on which vessels of all nations, our own as well as foreign, may be admitted into the ports of the territory, and the establishment of all port regulations. To the commanding military officer the presi- dent has assigned the direction of the operations on land and has invested him with administra- tive functions of government over the people and territory occupied by the forces of the United States.

"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 liis 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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HISTORICAL AND BIOGRAPHICAL RECORD.

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 1846-47, 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- tom's 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 herc 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 Steplien 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.

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A history of California and an extended history of its southern coast counties, also containing biographies of well-known citizens of the past and present, Volume I, Part 24

Author: Guinn, James Miller, 1834-1918 Publication date: 1907 Publisher: Los Angeles, Cal., Historic record company Number of Pages: 1184

Author: Guinn, James Miller, 1834-1918
Publication date: 1907
Publisher: Los Angeles, Cal., Historic record company
Number of Pages: 1184