An illustrated history of Sacramento County, California : containing a history of Sacramento County from the earliest period of its occupancy to the present time, together with glimpses of its prospective future portraits of some of its most eminent men, and biographical mention of many of its pioneers and also prominent citizens of today, Part 5

Author: Davis, Winfield J., 1851- 4n
Publication date: 1890
Publisher: Chicago : Lewis Pub. Co.
Number of Pages: 916

USA > California > Sacramento County > An illustrated history of Sacramento County, California : containing a history of Sacramento County from the earliest period of its occupancy to the present time, together with glimpses of its prospective future portraits of some of its most eminent men, and biographical mention of many of its pioneers and also prominent citizens of today > Part 5

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" Dr. Robinson, the chairman, asked leave to address the meeting; at the same time James Queen applied for a similar favor. Mr. Queen was denied the privilege, whereupon he turned to the assemblage and put the question for per- mission for the chair, which was also refused. (Roars of laughter.)

" Here there was a perfect ' war of words' and bandying of set phrases, between the Squatters and others. The reading of the resolutions was loudly called for, when Dr. Robinson proceeded to read the first, and then delivered a speech of considerable length in defense of the resolutions. Dr. Robinson closed with the remark, that, as for himself, he meant to defend the property he had settled upon, at all hazards."

Madden retained possession of his premises for some time, being defended by members of the association. The house itself became a sort

of garrison for the Squatters. In it they kept a variety of muskets, pistols and some very an- tiquated sabres and swords. The sheriff, Mc- Kinney, in his endeavors to execute the writ of restitution, discovered a number of individuals, whom he knew, among the party resisting his authority, and reported the names of James Mc- Clatchy, Charles Robinson and others, and war- rants for their arrest were issued by Justice Charles C. Sackett. The excitement continued to increase, and hasty and unwarrantable acts were committed on both sides for several days. McClatchy had in the meantime delivered him- self up, and was confined in jail during the sub- sequent conflicts. Madden was finally dispos- sessed of his house, but recovered it on the 14th of August. On the morning and through the day of the 14th, a crisis arrived, which can be best appreciated by a re-publication of the inci- dents as then recorded by the journals:

From the Daily Times of the 15th we quote: " At two o'clock a body of Squatters, number- ing about forty, proceeded to the foot of I street, on the levee, and undertook to regain possession of a lot of ground, which had been lately in the occupation of one of their party. They were fully armed, and a general understanding pre- vailed that their object included the liberation of the two men committed the day before to the prison ship, upon the charge of being concerned in a riotous assemblage on the morning of the 12th, for the purpose of forcibly resisting the process of law. After the displacement of some of the lumber npon the ground, the party of Squatters were deterred from proceeding further in their intent. The Mayor, Hardin Biglow, had meantime requested all good citizens to aid in suppressing the threatened riot, and very large numbers had gathered about the spot -- several citizens armed, proceeded also to the prison ship-but no demonstration was made in that direction.

"The Squatters retreated in martial order, and passed np I street to Third, thence to J and up to Fourth followed by a crowd of persons. They were here met by the mayor, who ordered them

HISTORY OF SACRAMENTO COUNTY.

to deliver up their arms and disperse. This they refused to do, and immediately several shots were fired at him, four of which took effect. He fell from his horse, and was carried to his resi- dence, dangerously if not mortally wounded. J. W. Woodland, who, unarmed, stood near the mayor at the time, received a slot in the groiu which he survived but a few moments. A man, named Jesse Morgan, said to be from Millers- ville, Ohio, lately arrived, and who was seen to aim at the mayor, next fell dead, from the ef- fects of a ball which passed through his neck. James Harper was very severely but not danger- ously wounded, in supporting the sheriff. It is difficult to give an exact detail of the terrible incidents which followed in such rapid succes- sion. It appeared, from an examination before the coroner, that the party of Squatters drew up in regular order, on arriving at the corner of Fourth street, and that the sheriff was several times fired upon before he displayed any weap- ons. Testimony was also given as to the per- son who was seen to fire upon Woodland. The mounted leader of the Squatters, an Irishman by the name of Maloney, had his horse shot under him; hé endeavored to escape, was pur- sned a short distance up an alley and shot through the head, falling dead. Dr. Robinson, one of the armed party under his command, was wounded in the lower part of his body. Mr. Hale, of the firm of Crowell, Hale & Co., was slightly wounded in the leg. A young boy, son of Mr. Rogers, was also wounded. We have heard of several others, but are not assured of the correctness of the reports. Upon oath of several gentlemen, that they saw Dr. Robinson deliberately aim at the mayor, he was arrested and placed in confinement. An Irishman, named Henry A. Caulfield, accused of a similar act with regard to both the mayor and Woodland, was arrested late in the afteruoon. [A sketch of Caulfield is given at the close of this chapter.]

" After these terrible scenes, which occupied less time than we have employed to describe them, had passed, a meeting of the council was held, the citizens gathered at the corner of

Second and J streets, and other places through - out the city, and proceeded to organize in parties to prevent further outrage. A body of mounted men under the command of the sheriff, hearing the report that the Squatters were reinforcing at the fort, proceeded thither. The lawless mob was nowhere to be found; scouts were dispatched in all directions, but no trace of them could be discovered; meanwhile several other parties liad formed into rank, and proceeded to different parts of the city, establishing rendezvous at various points. Brigadier-General A. M. Winn issued a proclamation, declaring the city under martial law, and ordering all law-abiding citizens to form themselves into volunteer companies, and report their organization at headquarters as soon as possible. At evening, quiet was fully restored throughout the city. Lieutenant-Gov- ernor McDougal, who left upon the Senator, and expects to meet the Gold Hunter, will bring up this morning a detachment of troops from Benicia. An extraordinary police force of 500 was summoned for duty during the night."

By the minutes of the council, we find that B. F. Washington was appointed marshal, and Captain J. Sherwood, assistant, to whom all per- sons desirous of making arrests were requested to apply for authority and aid.

From the Placer Times Extra of the 15th of August, the following few paragraphs are taken, as also a copy of the letter found in Dr. Robin- son's text:

"The night passed without the least disturb- ance. The companies of Captain Sherwood and Major Snyder, and the artillery under Major Fowler, were constantly on duty; also a police force of about 200. The greatest vigilance was observed, but no farther arrests were made, and quiet seems to be fully restored throughout the city. The public mind is composed, but reso- lute and fairly determined that the work shall be well done now. The few persons who were heard to promulgate opinions opposed to the action which the authorities have pursned, have prudently desisted from their course, aud but one sentiment is known at this time among the

HISTORY OF SACRAMENTO COUNTY.

entire community. The Squatters have success- fully concealed themselves or fled. A proposi- tion is very generally supported to give notice to all occupying city property as Squatters to leave forthwith, and that their tenements be de- molished, and all vestiges of their presence be removed. An early action in this direction will probably ensue. The most important develop- ment of the day is the letter found in the tent ot Dr. Robinson, which is in his own hand writing, as can be fully proved. It is a damn- ing evidence of the plans and purposes which governed the proceedings of the lawless mob of the 13th. We have no expression for the enormity of guilt which is thus brought home to them and all that abetted their cause.

" Lieutenant-Governor MeDougal returned from Benica on the Gold Hunter this morning, bringing fifty stand of arms and 1,500 cartridges.

" The arrangements for the funeral of J. W. Woodland are completed.

" A general expression of admiration is awarded to the conduct of the sheriff, Joseph MeKinney. Under the most critical circumstances, bravery and discretion have united to commend his every action. He has been placed in positions de- manding the exercise of the most exalted cour- age, and in the midst of the most intense excite- inent which surrounded him his perfect coolness and composure did not desert him. To these attributes, as well as the fortune which favors the brave, is the preservation of his life owing; and our community may rejoice that such a well-tried public officer continnes to hold an- thority among them. IIe was, during the mêlée the mark of many shots, but his vigilance and a kind Providence protected him.

" We would allude in the same connection to the intrepid valor of Recorder Washington, upon whom the highest civic powers of com- inand have devolved by the action of the council, with the enthusiastic and unanimons approbation of the entire community.

" Sheriff McKinney, on returning from the fort yesterday, entered the house of the sur- veyor of the Settlers' Association, and took

possession of all records, documents, etc., found therein."

Following is a copy of the letter found in Dr. Robinson's tent:

" August 12, 1850 .- Although I have writ- ten one letter, yet, as I have been called upon by circumstances to remain in town, and as I have a little leisure, I will talk with you a little, my ever dear S. Since writing you, we have seen much and experienced much of a serions and important character, as well as much excite- ment. The county judge, before whom our cases were brought, decided against us, and on Satur. day morning declared that from his decisions there should be no appeal. The Squatters im mediately collected on the ground in dispute, and posted on large bills the following: ' Outrage! ! ! Shall Judge Willis be dietator? Squatters, and all other republicans, are invited to meet on the levee this evening, to hear the details.' It was responded to by both parties, and the speculators, as aforetime, attempted to talk against time, etc. On the passage of a series of resolutions presented by your humble servant, there were about three ayes to one nay, although the Transcript said they were about equal. Sun- day morning I drew up a manifesto, carried it with me to the church, paid one dollar for preach- ing, helped them sing, showed it to a lawyer, toseeif my position was correct, legally, and pro- cured the printing of it in handbills and in the paper, after presenting it to a private meeting of citizens for their approval, which I addressed at some length. After a long talk for the pur- pose of consoling a gentleman just in from the plains, and who the day before had buried his wife whom he loved most tenderly, and a few days previous to that had lost his son, I threw my- self upon my blankets and ' seriously thought of the morrow.'

" What will be the result? Shall I be borne ont in my position? On whom can I depend? Ilow many of those who are Squatters will come out if there is a prospect of a tight? Will the sheriff take possession, as he has promised, before 10 o'clock A. M? How many speculators

HISTORY OF SACRAMENTO COUNTY.

will fight? Have I distinctly defined our posi- tion in the bill? Will the world, the universe and God say it is just ?- etc., etc., etc., Will you call me rash if I tell you that I took these steps to this point when I could get but twenty- five men to pledge themselves on paper to sus- tain me, and many of them, I felt, were timid? Such was the case.

" This morning I was early on my feet, silently and quietly visiting my friends, collecting arms, etc. Our manifesto appeared in the paper and in bills early, and the whole town is aroused. Nothing is thought or talked of but war. Abont 200 men assembled on the disputed territory, and most of them sympathized with us. A few, however, were spies. We chose our com- mander, and enrolled such as were willing to lay down their lives, if need be, in the cause. About fifty names could be obtained. I managed by speeches, business, etc., to keep the spectators and fighters mningled in the mass, all unarmed, so as to let no one know but all were men of valor, and ready to fight. While thus engaged, the mayor appeared and addressed us from his saddle-not ordering us to disperse, but advis- ing us to do so. I replied, most respectfully, that we were assembled to injure no one, and to assail no one who left us alone. We were on our own property, with no hostile intentions while unmolested. After he left I, with others, was appointed a committee to wait upon him at his office, and state distinctly our position, etc., so that there could be no possibility of mistake. He said he should use his influence, as an indi- vidual, to keep anyone from destroying our property, and told us the sheriff had just told him that the executions from the court had been postponed. We returned, and after reporting, and making some further arrangements for an- other meeting, if necessary, we adjourned. I told the mayor we should remain together if no attempt was to be made to execute their war- rants, but I told him if in the meantime a sheriff or any other person molested a Squatter, we should hold him responsible according to our proclamation. From this position we could not

be driven, although we knew it was in violation of the regulations of the State. We were pre- pared to abide the result.

" It is said that a writ is made out for my ar- rest, as a rebel, etc. If so, it will not probably be served at present."

From the Daily Times of the 16th, the fol- lowing paragraphs are taken:

" Another day of gloom arrives in the dread succession which we are compelled to record. Scarcely had the funeral rites been rendered to one victim, ere a second is immolated upon the sacred altar of duty. The sheriff of this county, Joseplı Mckinney, was killed last evening. He had proceeded to Brighton in company with a party of about twenty, to make arrests of per- sons whom he had been advised were concerned in the riotous outrages of the 14th. On reach- ing Pavilion, and being assured that the parties sought for were at the hotel of one Allen in the- neighborhood, it was arranged that Mr. Mc- Dowell, of Mormon Island, well known at the house, should proceed there, make observations and return. They did not wait for him, how- ever, but soon after rode up to the door, when the sheriff demanded of Allen that he and the others should surrender themselves. They re- fused to do this, and immediately several shots were fired, mortally wounding Mr. Mckinney. He expired in a few moments. Meanwhile, several of those with him had entered the bar- room, where about a dozen Squatters were as- sembled. Three of the latter were killed on the spot. Allen escaped, though wounded. Three prisoners were taken and brought into town. We have heard that a fourth and a negro Squat- ter were also taken.

" At the time the first report of these pro- ceedings reached the city, the council was in session. Messrs. Tweed and Spaulding were ap- pointed to unite with Captain Sherwood in taking measures to meet the emergency. Num- bers of the citizens left immediately for the scene of disturbance. The greatest commotion pervaded the city, and the inost contradictory and exaggerated rumors were circulated. It was

HISTORY OF SACRAMENTO COUNTY.

feared that in the excitement the protection of the city would be neglected. In the course of a few hours the facts became known, and quiet was restored. Messengers continued to arrive throughout the night. A strict patrol was kept in the vicinity of Brighton and of the city. A man was arrested by Captain Sherwood, being identified by two or three persons as implicated in the riot of the 14th. We are denied room for comment. But a few hours ago, we had the satisfaction to give a just tribute of appreciation to the gallant conduct of the officer whose sac- rifice we now relate. Every member in our community feels in his own person the enormity of the crime which has been committed against all the social and political rights prized by our countrymen. A similar ontrage is almost un- precedented in the history of the American peo- ple, and every interest of this community de- inands that the retribution should be summary and complete."

The following is the dispatch sent to General A. M. Winn, by Governor Burnett, when he heard of the troubles at Sacramento:

SAN JOSÉ, Aug. 15, 1850. To Brig. Gen. A. M. Winn, Second Brigade, First Division, California Militia:

Sir: It having been made to appear to me that there is a riotous and unlawful assembly, with intent to cominit a felony at Sacramento City, in Sacramento County, you will forthwith order out the whole of your command, to appear at Sacramento City on the 16th day of August, 1850, or as soon thereafter as practicable; and you will take command of the same, and give all the aid in your power to the civil authorities, in suppressing violence and enforcing the laws. Should the force ordered ont not be sufficient, you will forthwith inform me accordingly.

Your obedient servant, PETER II. BURNETT, Governor of California and Com'r-in-Chief.

On the morning of the 16th, two military companies arrived by the steamer Senator, from San Francisco, under command of Captains Howard and McCormick, accompanied by Colo- nel J. W. Geary, Mayor of San Francisco, and afterward Governor of Pennsylvania, and they

placed themselves under command of General Winn, who transmitted to the Common Council the following letter:

BRIGADE HEADQUARTERS, Aug. 17, 1850. To the Acting Mayor and Common Council of Sacramento City :

I have the honor to inform you that the Sec- ond Brigade, First Division, California Militia, is now in readiness to give aid to the civil au- thorities in suppressing violence and enforcing law. Any orders emanating from your board shall be promptly attended to.

With high respect, I subscribe myself your obedient servant,

A. M. WINN, Brig. Gen. By E. J. C. KEWEN, Asst. Adj. Gen., Second Brig., First Dir., Cal. Militia ..

The Council then made the following reply : COUNCIL CHAMBER, SACRAMENTO CITY, August 17, 1850.

Sir: Your communication of this date is re- ceived, notifying me of the readiness of the Sec- ond Brigade, First Division, California Militia, under your command, to aid the civil authori- ties in suppressing violence and enforcing law, and stating that any orders emanating from this board shall be promptly attended to. In reply, I would state that immediately after the unex- pected riot of the 14th inst. a police force of 500 men was authorized to be raised, and B. F. Washington, Esq., appointed as marshal to take command, aided by Captain J. Sherwood. Thus far this force has proven itself capable of sus- taining our laws and protecting the property of our citizens without resort to military aid; and from all the information which we now possess there is no great probability of such aid being needed. Should any emergency arise requiring it, rest assured we shall avail ourselves of your kind offer.

By order of the board, D. STRONG, Pres. Common Council and Acting Mayor.

Two days afterward the mayor issued the following proclamation:

Fellow Citizens: Peace, order and quiet- ness have re-assumed their sway. Scouts have returned, after sconring the neighborhood, and report the absence of any appearance of hostili- ties. A heavy guard is constantly maintained,

HISTORY OF SACRAMENTO COUNTY.

and the city is safe from an attack. Reliable information has been received from the mines, assuring us of the falsity of the rumors of as- semblages to resist the law. An observance oť the ordinance against discharging fire-arms in the city is commanded. Especially is it neces- sary at this time, after nightfall. Officers on duty will attend to this. No farther disturb- ance is apprehended, but our vigilance must not be relaxed.

D. STRONG,

Pres. Common Council and Acting Muyor. Angust 19, 1850.

Under the heading " Restoring of quiet," the Transcript of August 19 had the following:

" We are happy to see at last the dawning of a calmer state of things in our midst. Under the circumstances, the excitement of the past few days was perhaps unavoidable. It is a terrible step for men to take, to rise in armed opposi- tion to the laws and constitution of the State in which they reside; but when such a step is taken, it must be promptly met. Our citizens have aroused with determination; they have rushed in multitudes to the side of law and authority. The blow has been struck. The armed opposition has been crushed. The riot- ers are scattered, and the authority of our Gov- ernment is still maintained. In addition two telling moral blows have been struck whose effect will last long in our community. We allude to the funerals of Mr. Woodland and of Mr. Mckinney. It almost seemed as if the en- tire city rose to perform over them the last duties which were left to be performed.

"At present all is quiet in our midst; and we trust that until there is need of further excite- ment, our fellow citizens will do what lies in their power to allay the turmoil which has jos- tled our city from its course of prosperity. The remote evils resulting from such an excitement as we have passed through are much to be de- plored, and should be avoided if it is within the range of possibility. The utter stagnation of all business, the cessation of works of public iin- provement, the stop placed upon private works of enterprise, the forgetfulness of the thousand and one subjects which should demand the im-

mediate attention of the public,-these all call upon us to allay the excitement no longer called for, and to resume our former condition of quiet."

The death of Woodland was the result of an exposure that was prompted by one of the no- blest impulses of the human heart. He was walking up the street, and near the corner of Fourth and J, in company with a friend, when the Squatters ranged themselves diagonally across Fourth and J, with their guns presented toward the approaching mayor and his party. The moment he saw the menacing attitude of these men he exclaimed to his friend, " Oh! it's too bad for these men to take such a stand, for they will certainly be shot down; I will go up and advise them." In an attempt to execute this intention he went forward a couple of steps when he received a ball that killed him almost in- stantly.

After Mayor Biglow had been disabled by his wounds received on the 14th, Demas Strong, now of New York City, became the acting mayor for the balance of the term.

After the riot, Squatterism seemed for a time totally dead so far as concerned city property.

A prominent citizen who lived here at the time of the riot furnishes the following ac- count of the death of Sheriff Mckinney:

" At the conclusion of the funeral ceremonies of Woodland, the sun hung low and red in the haze of the western horizon, and as the people were returning in irregular masses to the city, a squad of abont forty mounted men, led by Sheriff Mckinney, were observed to file out upon the plain, at a leisurely pace, in a north- easterly direction toward Brighton. To those who had the curiosity to inquire, it was whis- pered that the sheriff had intelligence of a meeting, in secret conclave that evening, of the band of Squatters who had been engaged in the fight the day before, in which Woodland had cost his life.

" As the sheriff hoped to surprise his enemy, he proceeded slowly so as to time his arrival at the scene of action after dark. He reached the

HISTORY OF SACRAMENTO COUNTY.

' Pavilion,' a large house of public resort on the main road about a mile short of the house where he supposed the party he sought would be congregated, and there rested to consult upon a plan of action and gain further intelli- gence. The sequel shows that his information was of a very uncertain sort. About a mile beyond the Pavilion was a small roadside inn, kept by one who was familiarly known as 'old man Allen,' and who was supposed to be one of the armed band, and this place was thought to be the rendezvous of the scattered Squatter leaders.

" Among the sheriff's party was David Mc- Dowell, who had a trading post at MeDowell Hill, a short distance above Mormon Island, and who was a frequent traveler on the road, and knew Allen and his house. McDowell volunteered to go up the road, make an appar- ently casual call at Allen's, reconnoitre the po- sition, and return in as short a time as possible. It was so arranged, and it was understood that the sheriff should not leave the Pavilion until McDowell returned. The latter, taking with him Country McCloskey-at that time a well- known ex-hero of the prize ring, but yet little per- sonally known in Sacramento - proceeded upon what his nervous companions thought a perilous undertaking. McDowell, however, had no fears; and if the agreement upon which he relied- that the sheriff should await his return-had been observed, the catastrophe which followed would have been avoided. McDowell and his companion tied their horses at Allen's door and entered the little bar-room of the house. They found Allen and two or three strangers there, but saw nothing unusual. A few guns stood in a corner. The strangers appeared like innocent travelers. A friendly conversation ensued, as well as a couple of drinks at the bar. The sub- ject of the Sacramento riot was not touched by either party. McDowell learned that Allen's wife was lying very ill of typhoid fever in an adjoining room. Wishing not to appear in too much haste nor to excite Allen's suspicion as to the object of their call, the visitors, after 3

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Author: Davis, Winfield J., 1851- 4n Publication date: 1890 Publisher: Chicago : Lewis Pub. Co. Number of Pages: 916

Author: Davis, Winfield J., 1851- 4n
Publication date: 1890
Publisher: Chicago : Lewis Pub. Co.
Number of Pages: 916