USA > California > El Dorado County > Historical souvenir of El Dorado County, California : with illustrations and biographical setches of its prominent men & pioneers > Part 9
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To the commander-in-chief of the naval forces the President has assigned the regulations of the import trade-the conditions on which the vessels of all na- tions, 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 President has assigned the direction of the operations on land, and has invested him with administrative functions of government over the people and territory occupied by the forces of the United States.
Done at Monterey, Capital of California, this first day of March, 1847.
W. BRADFORD SHUBRICK, Commander-in-Cheif of Naval Forces.
S. W. KEARNEY,
Brigadier-General U. S. A., and Governor of California.
A proclamation by Kearney, as governor, was issued the same day. In this he entirely ignores the exist- ence of the treaty of Couenga, notifying the Califor- nians that they were citizens of the United States and were absolved from allegiance to Mexico. This was a breach of faith, and they were justified to doubt in the integrity of those into whose hands they had fallen.
PROCLAMATION
TO THE PEOPLE OF CALIFORNIA.
"The President of the United States having instructed the undersigned to take charge of the civil govern- ment of California, he enters upon his duties with an
ardent desire to promote, as far as he is able, the in- terests of the country and the welfare of its inhabi- tants.
" The undersigned has instructions from the Presi- dent to respect and protect the religious institutions of California, and to see the religious rights of the people are in the amplest manner preserved to them, the Constitution of the United States allowing every man to worship his Creator in such a manner as his conscience may dictate to him.
" The undersigned is also instructed to protect the persons and property of the quiet and peaceable in- habitants of the country against any or all of their enemies, whether from abroad or at home; and when he now assures the Californians that it will be his duty and pleasure to col. ply with those instructions, he calls upon them all to exert themselves in preserving order and tranquility, in promoting harmony and con- cord, and in maintaining the authority and efficiency of the law.
" It is the wish and design of the United States to provide for California, with the least possible delay, a free government similar to those in her other territo- ries, and the people will soon be called upon to exer- cise their rights as freemen in electing their own rep- resentatives, to make such laws as may be deemed best for their interest and welfare; but, until this can be done, the laws now in existence, and not in con- flict with the Constitution of the United States, will be continued until changed by competent authority, and those persons who hold office will continue in the same manner for the present, provided they swear to support the Constitution and faithfully perform their duty.
"The undersigned hereby absolves all the inhabitants of California from any further allegiance to the Re- public of Mexico, and will consider them as citizens of the United States. Those who remain quiet and peaceable will be respected in their rights and pro- tected in them. Should any take up arms against or oppose the government of this territory, or instigate others to do so, they will be considered as enemies and treated accordingly.
"When Mexico forced war upon the United States, time did not permit the latter to invite the Californians as friends to join her standard, but compelled her to take possession of the country to prevent any Euro- pean power from seizing upon it, and in doing so, some excesses and unauthorized acts were no doubt committed by persons employed in the service of the United States, by which a few of the inhabitants have met with a loss of property. Such losses will be duly investigated and those entitled to remuneration will receive it.
38
HISTORY OF EL DORADO COUNTY, CALIFORNIA.
" California has for many years suffered greatly from domestic troubles. Civil wars have been the poison fountains which have sent forth trouble and pestilence over her beautiful land. Now those fountains are dried up, the star spangled banner floats over Califor- nia, and as long as the sun continues to shine upon her, so long will it float there, over the natives of the land as well as others who have found a home in her bosom; and under it agriculture must improve and the arts and sciences flourish as seed in a rich and fertile soil.
"The Americans and Californians are now one peo- ple. Let us cherish one wish, one hope, and let that be for the peace and quiet of our country. Let us, as a band of brothers, unite and emulate each other in our exertions to benefit and improve this beautiful land which soon must be our happy and prosperous home.
"Done at Monterey, capital of California, this Ist day of March, A. D. 1847, and in the seventy-first year of the Independence of the United States.
S. W. KEARNEY, Brig. Gen., U. S. A., and Gov. of California."
Fremont thus being ousted from the governorship, got orders on March 11th, which without a doubt sat- isfied him that neither Commodore Stockton nor him- self would be sustained by the home government; he furthermore was ordered to either disband the Cali- fornia battalion or muster it into the United States service. This the whole force refused to do, but wanted their pay, and when Fremont addressed himself to Kearney to get this transaction settled, he received orders from Monterey to send those under his com- .mand that would not muster, by water to Monterey, and report at the same place within twelve days. This he failed to do, and when he saw that one man's strength could stand such pressure no longer, he yielded; Col. P. St. George Cook, of the Mormon bat- talion had between the time demanded possession of his artillery and Colonel R. B. Mason came from Monte- rey to Los Angeles to muster the California battalion into the United States service. Kearney, however, refused him permission to join his regiment, but sold bis horses, disposed of his other outfit and or- dered him to repair to Monterey. And when Kear- ney was ready to go East, on May 31, 1847, Fre- mont was compelled to accompany him to Fort Leav- enworth, where he was arrested for insubordination, thence conveyed to Fortress Monroe, tried by Court- martial, found guilty of mutiny, disobedience and disor- derly conduct, and was sentenced to forfeit his com- mission in the army, but was recommended to the be- nevolence of the President. The latter approved the sentence of the court, but ordered him on duty again ;
and Fremont, after suffering all such outrageous treat- ment only in consequence of the quarrel between his superiors and the jealousy of one of them, declined to profit of the executive benevolence and quitted the military service.
After Fremont's departure, May 31st, Colonel R. B. Mason, of the first United States dragoons, by means of his rank, took up the office of governor, with W. T. Sherman as his adjutant-general, and H. W. Halleck as secretary of state, and as his term lasted until April 13, 1849 ; it was during his administra- tion that the great events of the year 1848 occurred; but while these events, as far as the old world is con- cerned, were dressed in revolution and painted in the color of war-blood, the contemporary events in this world were devoted to peace and peaceable dis- coveries, which resulted in gaining of the national wealth and the opening of a great field for immigra- tion.
Gold was discovered at Coloma on January 19, 1848. At the same time, and unaware of the wealth of the country they were discussing about, the peace commissioners met to stipulate the articles for a treaty between the United States and Mexico, which was made and signed on February 2d, to be ratified by the government of the United States on March 10th, and by that of the Republic of Mexico on May 24th, and the official news of peace between the United States and Mexico arrived at Governor Mason's head quarters in September. The news of the discovery of gold, sent officially by Governor Mason to the President at Washington, arrived there in time to be taken up in the President's regular message of 1848. After the aforementioned treaty, California as well as New Mexico remained to be a part of the United States, for which the latter government paid to Mexico the amount of $15,000,000, and assumed an indemnity debt of $3,500,000, owed by the Mexican government to citizens of the United States.
The population of California, on January 1, 1849, on an estimate amounted to 13,000 Californians, 8,000 Americans 5,000 foreigners ; a total of 26,000.
During the year 1848, the news of the discovery of gold in California had not benefitted many more than the residents of the country, but the news was run- ning all over the globe, and where it arrived there was caused more or less excitement, and everywhere some daring fellows would be found anxious to test the news.
On the 31st of August a vessel from the Sandwich Islands sailing up the Columbia, brought the first news of the discovery into Oregon, and soon a. com- pany was made up to start with twenty wagons over- land to California ; this was the first trial to take
39
LAWS AND ORGANIZATIONS OF CALIFORNIA.
wagons from Oregon to California ; while about an equal number took passage with whatever vessel was accessible to start direct or indirect for San Francisco, and San Francisco became the motto of the day. The name of Yerba Buena disappearing entirely, first in common use, and soon followed by the official au- thorities.
The first vessel from abroad, laden with gold seek- ers, arrived in the port of San Francisco early in the Spring of 1849, introducing the rapid succession of vessels of all nations that came, for many years, sailing or steaming into this port like being thrown together by a tidal wave. During the ten and a half months, from April 12th, 1849, to February 28th, 1850, there arrived in San Francisco 43,824 passen- gers ; 31,725 of them were American men, 951 Amer- ican women, 10,394 foreign men, 754 foreign women; and a stream of emigrant trains equal to the former was moving continually over the plains, creeping up and down the mountains, fording rivers with all possible difficulties, and under continuous danger of being attacked by hostile Indians ; but they arrived one after another, opening the great emigrant roads over the Sierra Nevada into California, and swelling the population up to never before thought of figures.
The population of California :
-CENSI'S- /INCREASE-
January Ist, 1849, (estimated). 26,000
1850, 107,069 81,069
1852,. 264,435 171,838
6
1860,
379,994
115,559
1870,.
560,247
180,253
66
¥
1880, 864,836
304,589
CHAPTER XI.
LAWS AND ORGANIZATIONS OF CALIFORNIA.
The Laws Executed in the Territory-Three Bills for Territo- rial Government in California Defeated by Congress-Bill foi Admittance of California as a State-General Riley Is- suing a Call for a Constitutional Convention-Number of Delegates the Sacramento District is entitled to-Dele- gates Chosen-Constitutional Convention Organized Sept. 3d, 1849-Officers of the Convention-The Slavery Clause -G. J. Carpenter's Opinion-Size of the State-Mining and Cow Counties-San Jose first Capital-Peoples' vote for and against the Constitution-Vote for Governor and other Officers-State Senators and Congressmen of Sacra- mento District-Military Government Renounced-Califor- nia asks for Admission again-First California Legislature, United States Senators elected-Subdividing the State into Counties-Authorizing County Elections-List of Original Counties-State of California Admitted into the Union- The news Arrived in San Francisco-List of Governors- Table of Population.
But the uncertainty of the laws executed. in the Territory seemed to create much discontentedness
between that part of the population that came from other parts of the United States, and as they were the majority of new comers this feeling was rather growing than diminishing. Immediately after the news of the conclusion of the treaty of Queretaro, sometime in the Spring of 1848, reached the coast, California made great efforts to throw off the control that the military branch of the United States government unlawfully continued; but three bills introduced in Congress for the organization of a territorial government for the new territory were defeated, after a series of accrimo- nious debates, by the Congress in session. On the first day of the following session Stephen A. Douglas gave notice of a bill for the admission of California as a State, and introduced it seven days thereafter. The short session of the 30th Congress, however, having distinguished itself by sectional strife over this and kindred measures, adjourned on the 4th of March, 1849, and when Governor Bennett Riley, who suc- ceeded R. B. Mason, or rather General Persifer Smith, on April 13th, 1849, declared in his proclamation that the same laws that had been executed in the country since Sloat hoisted the American flag at Mon- terey, and the country was kept under the conquest, would remain in force within the territory provided they were not contrary to the Constitution of the United States, until changed by competent authority ; it did not result in an increase of popularity in regard to those laws. On the contrary, the understanding grew more and more that there was no law in existence under which the military branch of the United States government could continue to control the country, as she actually did, after peace was made and the treaty had been ratified by both parties ; and General Riley, upon an official hint from Washington, although not authorized by law, in response to the vox populi, on June 3d, by proclamation prescribing election districts, the number of delegates and the mode of their election, recommended a Constitutional Convention, to meet at Monterey on the Ist of Sep- tember, 1849. The 1st af August was set for the elec- tion of delegates to the proposed convention, and for filling any vacancies existing in office. The dis- tricts of Sonoma, Sacramento and San Joaquin were to vote for one Judge for the Superior Court also, and the persons chosen, if qualified, were to be appointed by the governor. The district of Sacramento, includ- ing that part of the State east of the Sacramento river and north of the Cosumnes, was entitled to four delegates, but Gen. Riley, in his proclamation had given permission for any district to elect supernumer- aries, if the district thought itself entitled to more rep- resentatives,, and left the question of admitting these gentlemen to the decision of the Convention. The
40
HISTORY OF EL DORADO COUNTY, CALIFORNIA.
delegates thus chosen from the district were : John A. Sutter, Jacob R. Snyder, Winfield Scott Sherwood and W. E. Shannon ; and the supernumeraries : John S. Fowler, L. W Hastings, John McDougal, E. O. Crosby, M. M. McCarver, John Bidwell, W. Black- burn, James Queen, R. M. Jones, W. Lacy and C. E. Pickett.
At the appointed time the Constitutional Conven- tion met at Monterey, on Sept. rst, but it being a Sat- urday, and no quorum being present, an adjournment was made until Monday, Sept. 3d, 1849. On Monday the convention was organized ; the total number of members was forty-seven, representing seventeen states of the Union, and five foreign countries, as well as all political parties. Of the fifteen delegates elected only eight were present and partook of the duties and honors of framing the constitution. The meetings of the Convention were held in Colton Hall, at Monterey.
Table showing the representation of Sacramento District in the Constitutional Convention at Mon- terey, September, 1849 :
Name and Profession.
Age.
Born.
Last State
Town elect from
Term of stayin Cal.
I Jacob R. Snyder, surveyor 34
Phila.
Penn
Sac.
4 yrs
2 W. S. Sherwood, lawyer.
|32 S'n'y Hill N. Y.
Mor. Is' 4 mos
3 L. W. Hastings, lawyer ..
30 Knox Co Ohio
Sutter
6 yrs
4 John A. Stuter, farmer . ..
47 Switzl'nd Mo.
Sutter
10 yrs
32 Ohio Ind.
Sutter
7 mos
5|John McDougal, merch. . 6 E. O. Crosby, lawyer ... . 7 M. M. McCarver, farmer. 8 W. E. Shannon, lawyer. .
34 Tompsco N. Y.
Vernon
7 mos
42 K'nt'cky Or.
Sac.
3 yrs
27 Ireland
N. Y. Coloma 13 yrs
Dr. Robert Semple, the editor of The Californian, and founder of Benicia, was elected President ; Wil- liam G. Marcy, Secretary and designor of seal ; Caleb Lyons, of Lyonsdale, Assistant Secretary and De- signor of Seal ; and J. Ross Browne was short-hand reporter. After an industrious and harmonious ses- sion of six weeks the Convention had completed its labors and adjourned on the 13th of October. On the tenth day of the session the following clause, prohibit- ing slavery in the new State, was adopted unanimously and without a debate, notwithstanding a majority of the members of the Convention were from the South, or slave-holding states : "Neither slavery nor involun- tary servitude, unless for the punishment of crime, shall ever be tolerated in this State."-"Thus did the Convention rebuke congressional agitation and inter- vention, and show how much better and wiser it is to manage and control local affairs at home than to in- trust them to incapables at a distance." (G. J. Car- penter, Centennial oration.)
The constitution was to a great extent made up by selections from the constitutions of other States ; that of the recently organized State of Iowa fur-
nishing the model. The lines of the State were drawn around one hundred and eighty-seven thou- sana square miles, and provisions made for selecting officers and for voting for or against the constitution. There were, however, some heavy restrictions upon the liberty and progress of the colored race. This was then a "white man's government." The principal question creating discussion was the subject of taxa- tion. The two great interests were mining and stock- raising ; giving rise to the appellation of "mining counties" and "cow counties." The stock-raisers car- ried their points by inserting the clause that "all prop- erty shall be taxed according to its value." This proved a most important and comprehensive clause, preventing the exemption of any property not pro- tected from taxation by the Constitution and laws of the United States. San Jose was made the capital.
"The constitution was regarded as one of the best of the United States at that time, but the judicial sys- tem was cumbersome and expensive, and it allowed great latitude to the legislature, which it was after- wards found, generally went to the extreme of their constitutional permits, and a more binding instrument was demanded."
The constitution was submitted to a vote of the people on November 13, 1849, together with the gen- eral election of state officers, and the vote was almost solid in favor of the constitution ; 12,065 being for, and only 811 against it. The following votes were cast for the five nominated candidates for governor :
Peter H. Burnett. 6,716.
Winfield Scott Sherwood. 3,188.
J. W. Geary 1,475.
John A. Sutter 2,201.
William M. Stewart 619.
Total. 14,199.
John McDougal was elected Lieutenant-Governor ; William Van Voorhies, Secretary of State ; Richard Roman, Treasurer ; J. S. Houston, Comptroller ; Ed. J. C. Kewen, Attorney-General ; Charles J. Whiting, Surveyor-General, S. C. Hastings, Chief-Justice. A. Lyon and Nathaniel Bennett, Assistant-Justices. Ed- ward Gilbert and George W. Wright, were elected to represent the territory in congress.
Sacramento district elected the following senators : John Bidwell, Elisha O. Crosby, Thomas J. Green and Henry E. Robinson ; and the following to the assem- bly : John Bigler, P. B. Cornwall, (resigned January 28, 1850), Thomas J. Henley (chosen in his stead), E. W. Mckinstry, Madison Walthall, John F. Wil- liams, H. C. Cardwell, John T. Hughes, George B Tingley, Thomas J. White and W. G. Deal.
41
LAWS AND ORGANIZATIONS OF CALIFORNIA.
The constitution provided that in case of its adop- tion the officers chosen should enter upon their duties on the 15th of December, without waiting for the ac- tion of Congress. An order of Governor Riley, dated December 20, 1849, declared the renunciation of the administration of civil affairs, and California assumed the character of a State, skipping entirely the prepar- atory condition of a territory. Then, at the opening of the thirty-first Congress, California presented herself in Washington, demanding, for reasons of her own, admission as the thirty-first state of the Union. There was something in the appearance of the self-made de- putant and petitioner that seemed to say : "A state demands admission and awaits a reply. Stop not, do not argue questions that she has decided for herself." And over the responsive roar of opposition, headed by Calhoun, Foote and Jefferson Davis that California never should become a state of the Union as long as such a declaration was engrafted in her constitution, was heard the gallant greeting of Senator Douglas, the " Little Giant " of Illinois, who had brought in the bill for the admission of California already once before, and with him stood Webster, Clay, Benton and Wil- liam H. Seward, and the decision of the bill followed Seward's princely welcome, when he said :
"Let California come in ! California, that comes from the clime where the west dies away into the rising east ; California, that bounds at once the empire and the continent ; California, the youthful queen of the Pacific, in the robes of freedom, gorgeously inlaid with gold, is doubly welcome. She stands justified for the irregularities in the method of her coming."
The constitution having been ratified, and state offi- cers elected, the first California legislature met at San Jose, on December 15th, 1849, just one month after the election. It consisted of sixteen senators and thirty-seven assemblymen, and on the sixth day of the session elected two United States senators : Wil- liam M. Gwinn and John C. Fremont.
One of the labors of this legislature was to subdi- vide the state into counties, and in the debate it was found that this was a matter of more difficulty than it seemed to be on account of the totally imperfect knowledge of the geography of the state, and finally it was agreed upon to confirm the original twenty- seven counties of the state, fixing the boundaries thereof as well as could be done at the time. The act was finally approved February 18, 1850. Following are the names of these counties, with derivation of the terms as given by General M. G. Vallejo :
San Diego (Saint James) takes its name from the old towr., three miles from the harbor, discovered by Viscaino in 1602.
dad de Los Angeles), founded by order of the viceroy of New Spain in 1780.
Santa Barbara was named after the town established in 1780, to protect the five adjacent missions.
San Luis Obispo, after its principal town, on the site of a mission founded 1772 by Junipero Serra and Jose Cavaller.
Monterey, after the chief town, which was named by Viscaino in honor of his friend and patron, the Viceroy, Count of Monterey.
Santa Cruz (the Holy Cross), was named from the mission of the same name on the north side of the bay.
San Francisco, named in honor of the Friars' pat- ron saint.
Santa Clara, named from the mission established there in 1777.
Contra Costa, (the opposite coast), as the natural designation of the county across the bay from San Francisco.
Marin county, named after a troublesome chief whom an exploring expedition encountered in 1815. Marin died at the San Rafael mission in 1784.
Sonoma, named after a noted Indian, who also gave name to his tribe. The word means "Valley of the Moon."
Solano, the name of a chief, who borrowed it from his missionary friend, Father Solano.
Yolo, the corruption of an Indian word yoloy, sig- nifying a place thick with rushes ; also the name of an Indian tribe on Cache creek.
Napa, named after a numerous tribe in that region, which was nearly exterminated by small-pox in 1838.
Mendocino, named by the discoverer after Mendoza, Viceroy of New Spain.
Sacramento, (the Sacrament.) Moraga gave the main river the name of Jesus Maria, and the princi- pal branch he called the Sacramento. Afterwards, the main river came to be known as the Sacramento and the branch Feather river, (de las Plumas.)
El Dorado, the appropriate name of the district where gold was discovered in 1848.
Sutter county, named in honor of the world-re- nowned pioneer, John A. Sutter.
Yuba, a corruption of Uva, a name given to a branch of Feather river in 1824 by an exploring party, on ac- count of the great quantities of wild grapevines growing on the banks of the river.
Butte, the common French term for a mound, in allusion to three symmetrical hills in that county, so named by a party of Hudson Bay Company's hunters. Colusa, from Coluses, the name of a numerous tribe on the west side of the Sacramento ; the meaning of
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