USA > California > History of California, Volume VI > Part 24
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TWO GOVERNMENTS.
brought to the front a very respectable body of men, full of reform projects, but regarding the innovation as unauthorized by still prevailing laws, the governor would not accord them any active interference with the alcalde, who stood arrayed himself with their oppo- nents, the land monopolists. And so the city continued to be afflicted with practically two governments, which maintained a sharp cross-fire of contradictory enact- ments and charges until June, when the governor's proclamation for a constitutional convention, and for the election of provisional local officers throughout the country, caused the assembly to abandon the field to the alcalde. They retired with honor; for viewed by the light of subsequent corruption, even their defi- ciencies are bright with the lustre of earnest efforts.
One result of the political discord was to give opportunity for lawlessness. The riffraff of the dis- banded regiment of New York Volunteers had lately formed an association for cooperation in benevolence and crime, under the not inappropriate title of the Hounds, with headquarters in a tent bearing the no less dubious appellation of Tammany Hall, after the
Backed by Burnett the assembly protested vigorously, and in a proclamation to the city set forth the illegality of military interference. Burnett's Recoll., MS., ii. 61-87; Alta Cal., June 14, 1849. Acting accordingly, they sent the sheriff to forcibly seize the records in the alcalde's possession. Ryan, Pers. Adv., ii. 252-4, gives a graphic account of the pistol flourishing on the occa- sion. Buffum's Six Months, 117-19. Appalled at such insolence, Riley de- nounced the legislature as a usurping body, and called wildly upon all good citizens to aid in restoring the records. U. S. Gov. Doc., ubi sup., 773-4. Simultaneously, June 3d, appeared the proclamation for a convention, and for local elections throughout the country, an order so far delayed in the vain hope that congress would provide a civil government. This election pre- tending the speedy extinction of the assembly, the members, with hopes cen- tred in the next balloting, resolved to yield; yet not until after a deferential appeal to the public, which responded on July 9th by a vote of confidence so meagre as to be chilling. The smallness of the vote, 167 for their continu- ance, 7 against, was due to the departure of supporters for the mines, says Green, Stat., MS., 24; Alta Cal., July 12, 17, 1849. Willey, Pers. Mem., 127- 8, assumes that Riley terrified them. Their minutes cease on June 4th, the date of Riley's proclamation against them. Green naturally extols the honesty of his associates; he claims to have refused a land bribe from Leavenworth for himself and his monopoly friends on introducing the bill for abolishing the alcaldeship. Findla, Stat., MS., 9-10, also speaks of them as 'respectable men.' Price's Sketch, MS., 111.
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SAN FRANCISCO.
noted eastern hot-bed of that name.60 It is but natural that this graceless set of idlers should, through lack of manly incentive, drift into political agitation, and that the original military aim of their late regiment should degenerate into race antipathy and rioting. Drunk- enness and brawl, displayed in noisy processions with drum and fife and streaming banners, led to swagger- ing insolence and intimidation, which found a seemingly safe vent against the Hispano-Americans. Once the robber instinct was aroused by the more disreputable, it was not long before a glittering vista opened a wider sphere.
The unsavory name of Hounds was changed to Regulators; and under pretence of watching over public security and rights, the vagabonds intruded themselves in every direction, especially upon the exposed and defenceless; and they boldly demanded contributions of the merchants in support of their self-assumed mission. Strength of numbers and arms and significant threats increased, until terrorism stalked undisguised. Finally, on July 15, 1849, under inspirit- ing stimulants, they ventured to make an attack in force upon the Chileno quarter, at the foot of Tele- graph hill, with the avowed object of driving out the hated foreigners, and despoiling them. Not knowing what next might follow, the alarmed citzens united for action. Four companies formed, with a huge special police detachment, and the town was scoured in pur- suit of the now scattering band. A score were arrested, and by the prompt application of fine and imprisonment the rest were awed into submission.61
The election of August 1, 1849, restored the ayun- tamiento and prefect system, while giving the city the increased number of twelve councilmen,62 under the
60 Of New York. The tent stood on Kearny st, where Commercial st now abuts
61 The history of the band and outbreak is fully related in my Popular Tribunals, i. 76 et seq.
62 T. H. Green, H. A. Harrison, A. J. Ellis, S. C. Harris, T. B. Winston, J. Townsend, R. M. Price, W. H. Davis, B. Simmons, S. Brannan, W. M.
213
THE HOUNDS.
presidency of John W. Geary, the lately arrived post- master of the city,63 who responded to the unanimous confidence bestowed upon him by displaying great zeal for the welfare of the city. Horace Hawes, the pre- fect, was an able lawyer, but with a somewhat fiery temperament that soon brought about a conflict with his colleagues. 64 Acting upon the suggestions of their leader,65 the council issued a revenue ordinance, de-
Stewart, G. B. Post, in the order of popularity as indicated by votes obtained. Four had belonged to the assembly, and two to the council which it super- ceded. Frank Turk, second alcalde, acted for a long time as secretary to the new council; the subprefects for the districts were F. Guerrerro and J. R. Cur- tis. Alcalde Geary obtained the entire vote of 1,516, while Prefect Hawes polled only 913. The three highest votes for councilmen were carried by late assembly members. There were nearly a dozen tickets in the field.
63 Geary was born in Westmoreland Co., Pa. After his father's death, he taught school, supporting his mother, and paying off his father's indebted- ness. He next went to Pittsburg and entered into mercantile pursuits, which proved uncongenial. Meanwhile he studied assiduously, displaying a marked taste for mathematics, and became a civil engineer and railroad super- intendent. When the war with Mexico broke out, he joined the 2d Pa. Vols., rose to the rank of col, was wounded at Chapultepec, and appointed com- mander of the citadel after the city fell. He was appointed postmaster of S. F. on Jau. 22, 1849, with a certain control over postal matters on the Pacific coast. With his family he reached S. F. on the Oregon on Apr. Ist. His administration was one of marked efficiency. Learning that Prest. Taylor had appointed a successor, Geary turned the office over to Col Bryan. At this time he sent his family back to Pa., and became a member of the auction and commission house of Geary, Van Voorhees, and Sutton.
64 Biography in Hist. Cal., iii., this series.
65 Geary in his inaugural address pointed out the lack of public buildings, and funds and measures for security, and recommended a tax, not alone on real estate and auction sales, but on licenses for traders, in proportion to the goods vended, for conveyances by land and water, and for gambling; the latter as an inevitable evil being thus placed under salutary control. An inventory should be made of public documents and mutilations noted. Records were subsequently sought at Monterey. Hawes dwelt upon the necessity for measures conducive to prospective greatness of the city without making any special suggestions. S. F. Minutes, 1849, 221-4; Annals S. F., 230-1. He took the oath on Aug. 11th. The council met, from Aug. 6th, on an average twice a week. Their proceedings, with committee distributions, etc., are re- corded in S. F. Minutes, 1849, 47 et seq. The attendance fell off to such a degree that the quorum had to be reduced to four by the close of the year. Rules for their guidance in general were sent in by the governor. U. S. Gov. Doc., Cong. 31, Sess. 1, H. Ex. Doc., 17, 775-6. Among appointed officials were J. Code, sergeant-at-arms, W. M. Eddy, surveyor, P. C. Lander, col- lector, A. C. Peachy, attorney, S. C. Simmons, controller, Ben. Burgoyne, treasurer, succeeded in Dec. by G. Meredith; P. C. Lander, tax collector, J. R. Palmer, physician, subsequently Stivers and Thorp, S. R. Gerry became health officer in Dec., J. E. Townes, sheriff, in Dec. appointed coroner. N. R. Davis, street commissioner, subsequently J. J. Arentrue, in Dec., J. Gallagher, inspector of liquors. Turk, second alcalde and acting secretary, took a seat in the council and was in Dec. replaced as secretary by H. L. Dodge. F. D. Kohler has been mentioned as chief fire-engineer. Under the prefecture were appointed P. A. Brinsmade, subprefect, in Dec., vice Curtis, F. P.
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SAN FRANCISCO.
pending chiefly on the sale of real estate and mer- chandise, and on licenses for trading, 66 the latter of a hasty and disproportionate nature. Not deeming this sufficient to cover their teeming plans, notably for city hall, hospital, and public wharves, they prepared for a large sale of water lots, which were coming into eager demand. The first available money was applied to the purchase of a prison brig67 and shackles for chain-gangs; the police force was placed on a regular and more efficient footing ;68 fire-engines were ordered ; and strenuous efforts made to improve the streets, so as to prevent a repetition of the previous winter's mis- haps,69 yet the following season proved comparatively
Tracy, justice of the peace at the mission, W. B. Almond, judge of first in- stance with civil jurisdiction only, Hall McAllister, attorney, pay $2,000, both front Oct. Ist, F. Billings, commissioner of deeds, A. H. Flint, surveyor; also a host of notaries public. See Id., 756-840, passim; Unbound Doc., 224, 323-9, etc .; Brown's Stat., MS., 16; Merrill's Stat., MS., 5-6; Arch. Mont., xiv. 18; Cal. Miscel., ix. pt. i. 77; Alta Cal., Pac. News, Dec. 13, 1849, etc .; Gillespie's Vig., MS., 6; Hyde's Stat., MS., 12; Miscel., MS., 3.
66 On Aug. 27th. The prefect presumed to veto this ordinance, on the ground of the disproportionate nature of the imposts which pressed excessively upon labor and on men with limited means, a dealer with a capital of $150,000, for instance, paying $400 only, while a small trader with $1,000 was required to pay $300. He also considered the revenue called for in excess of require- ment, and demanded details for expenditure, which should be proportioned to the measures most needed, especially protection. The ordinance was also contrary to law in defining new misdemeanors and extending the jurisdiction of the alcalde. S. F. Minutes, 1849, 224-7. The ardor of this champion of the oppressed was somewhat damped by the reminder that the veto power be- longed to the governor, to whom he might report any objections against the council. The governor offered $10,000 toward the formation of a jail and court-house.
67 Euphemia, anchored near the corner of Jackson and Battery sts. A calaboose existed, but so poor and insufficient as to induce the former assem- bly to rent a room for a jail. S. F. Minutes, 1849, 10, 40, 142. The brig was soon overcrowded. Alta Cal., Aug. 4, 1850; Cal. Courier, July 16, 1850. A regular allowance was made for the chain-gang overseer, whose task promoted inuch public work. A regular jail was erected on Broadway in 1851. Id., Sept. 30, 1851.
68 Under the direction of Malachi Fallon, as captain, chosen Aug. 13th, assisted by Major Beck and by a force which from 30 men increased to 50 by Feb. 1850, and by the following year to 75. The pay had also risen from $6 to $8 a day, with $2 extra for the 5 captains. It was then proposed to reduce the force to 46 men and 4 captains at $150 and $200 a month. Ib. Gold and silver badges were ordered for the first chief and his men; a station was as- signed to each of the 4 wards. See S. F. Minutes, 1849, 52-3, 79, 90-1, 102, 161, 167; S. F. Herald, July 12, 1850; Schenck's Fig., MS., 22. Fallon was chosen city marshal by the democrats in 1850. S. F. Times, Jan. 12, 1867. Fallon had served in the New York force. Fifty-eight names on his force in S. F. Directory, 1850, 123-4.
69 A street commissioner received $500 a month, and a superintendent of public repairs $600. Teams were bought by the city for clearing streets.
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EARLY ELECTIONS.
dry Several sums were assigned for starting wharves on Market, California, and Pacific streets, which in course of two years absorbed over $300,000.70 The proposed hospital dwindled to a contract with Peter Smith, which proved a costly bargain for the city,71 and to allowances to the state marine hospital and subse- quently to a brig for housing insane people.
So far the plans of the city-builders had not brought forth any public work of a striking character, save in street improvements; but this shortcoming redounds to their credit, for at the close of the year they left a surplus in the treasury.72 Far different was the record of the following councils. By the election of January 8, 1850, Alcalde Geary and half of his colleagues were confirmed in position by more than double the preced- ing vote. The rest were new men,73 who assisted, not alone in laying the foundation for a fast-growing debt, but in reducing the resources of the city by hurried
Although citizens paid two thirds of the cost of grading and planking from their own pockets, as the grand jury points out, S. F. Herald, Sept. 30, 1851, yet large sums were continually appropriated by the authorities to this end, $100,000, on Jan. 1850, alone. S. F. Minutes, 1849-50, 124; Williams' Stat., MS., 13. The comptroller shows an expenditure for streets and land- ings, exclusive of wharves, from Aug. 1849 to Feb. 1851, of $471,282. Alta Cal., Apr. 27, 1851.
70 1b. $400,000 was appropriated for these wharves, Jan. 7, 18, 1850, al- though evidently not all paid over. Id., 112-14, 123-4.
71 The plans proposed in the council included a building with a city hall. The Waverly house was subsequently bought for $20,000, but destroyed by fire. In Jan. 1850 the hospital bill amounted to $6,600, in April Smith de- manded $13,000. This hospital was burned in Sept. 1850. Up to May 1851, over $200,026 had been expended for hospital purposes. Alta Cal., Apr. 27, 1851. To the state marine hospital, provided for in 1850 and opened in Dec., Pac. News, Dec. 27, 1850, Cal. Statutes, 1850, 164, 343, was assigned $30,000, while its expenses were $70,000, for 97 city and 17 state patients. In 1851 a contract was concluded for the care of the city at $2,500 a month. An in- sufficient allowance was then made to the brig at North Beach for the recep- tion of the insane. In 1850 pauper burials were arranged for at $35 each. S. F. Minutes, 1849-50, 68, 79-82, 98, 129-30, 138, 200; S. F. Herald, Sept. 30, 1851. Smith's claims will be treated of later.
72 Of $40,000, and no bad blot upon their public character.
13 Geary received the largest vote, being 3,425. Turk figures again as second alcalde. Green, Brannan, Ellis, Stewart, Davis, were the reelected council- men. J. S. Graham, F. Tilford, M. Crooks, A. M. Van Nostrand, H. C. Murray, F. C. Gray, and J. Hagan completed the number. They met Jan. 11th and formed into committees. Dodge was retained as clerk. A. A. Selover was chosen city auctioneer. S. F. Minutes, 1850, 115 et seq .; Pac. News, Feb. 1850, etc. Despite the rain the election was exciting, though orderly. Upham's Notes, 268-71.
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SAN FRANCISCO.
sales of lots, wherein they were charged with secret participation to their own advantage.74 The tirade begun against them by Prefect Hawes was cut short by the election on May 1st of new city officials, under the charter framed in February. By this the Span- ish form of government was replaced by the Ameri- can one of a common council with two boards of aldermen, each of eight members, under a mayor.75 The county was also organized by an election on
74 After a sale of water lots in Jan. 1850 yielding $635,000, another sale was announced for March. Prefect Hawes, who had been putting some very nettling questions to the ayuntamiento concerning disbursements and men voting for them, sounded the alarm and induced the governor to issue a pro- hibit. This the councilmen resolved to disregard, whereupon Hawes charged them with intended spoliation, and pointed out that some were suspiciously preparing to leave the country. The prohibit was affirmed with the threat to file a bill in chancery against the ayuntamiento, which now yielded in so far as to postpone the sale until April. 'The enemy have fled,' cries Attor- ney-general Kewen; 'they have exposed the character of the beast that pa- raded so ostentatiously in the lion's skin.' Correspondence in S. F. Minutes, 1850, 230-7. But they were merely gaining time to persuade the governor to repeal the prohibit by exhibiting their accounts and estimates, and showing the need of money for city improvements. This achieved, they retaliated upon the obnoxious prefect, by charging him with appropriation of funds, notably $2,500 for alleged services rendered against the Hounds, and with per- mitting Justice Colton to sell district and city lands chiefly for Hawes' own advantage. The result was a boomerang in the shape of an order suspending the prefect. Emphatic denials being of no avail, his wrath now concentrated against the governor in a series of charges before the legislature, for violating the laws and suspiciously conniving with the corrupt council. In this he was supported by the subprefect, Brinsmade, appointed to replace him. Pac. News, Jan. 1, 1850, et seq.
75 As passed by the legislature on Apr. 15, 1850, the charter in 4 arts. and 45 T, assigns as boundaries to the city of San Francisco, on the south, a line parallel to Clay st two miles from Portsmouth square; on the west, a line par- allel to Kearny st one and a half miles from the square; on the north and east, the county limits. The government is vested in a mayor, recorder, and a com- mon council of a board composed of aldermen and a board of assistant aldermen, each board to consist of one member from each of the eight wards, to be desig- nated by the council. There shall also be elected a treasurer, comptroller, street commissioner, collector of taxes, marshal, city attorney, and by each ward two assessors. Voters and candidates must show a residence in the city and wards concerned of 30 days preceding the general city election, which is to be held on the fourth Monday of April in each year. For duties, bonds, etc., see Cal. Statutes, 1850, 223-9; and compare with the briefer draft by the framers, in S. F. Minutes, 1850, 144-9. In Oct. 1848 the city council had assigned for city limits a line along Guadalupe creek to the ocean. Californian, Oct. 14, 1848; and see my Hist. Cal., v., this series. Regulations for the council in S. F. Manual, p. ix .- xvi. This charter did not last long. The boundary of the county, as defined in Cal. Laws, 1850, 829, ran along San Francisquito creek westward into the ocean, three miles out, and in the bay to within three miles of high-water mark in Contra Costa county, including the entire penin- sula, and Alcatraz and Yerba Buena or Goat islands, as well as the Fara- llones. See also Cal. Jour. Sen., 1850, 1307; Id., House, 1344.
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NEW CITY GOVERNMENT.
April 1st of sheriff, county clerk, and nine other offi- cials, at San Francisco, so that the city became the seat of two governments.76 The contest for the shriev- alty was one of the most exciting on record, with lavish generosity on one side, and enthusiastic display of bands and banners on the other; but the fame of John C. Hays as a Texan ranger, and his opportune exhibi- tions of dash and horsemanship, captured the popu- lace.77
The new city government headed once more by Geary as mayor,78 with almost entirely new associates, met on May 9th, inaugurating at the same time the new city hall, lately the Graham house, a four-story wooden edifice lined on two sides by continuous bal- conies.79 The leading trait of these men was quickly
76 The chosen ones were John C. Hays, sheriff, R. N. Morrison, county judge, J. A. McGlynn, recorder, W. M. Eddy, surveyor, J. W. Endicott, treas., D. M. Chauncey, assessor, E. Gallagher, coroner, T. J. Smith, co. att'y, C. Benham, dist att'y, J. E. Addison, co. clerk, E. H. Tharp, clerk of the sup. ct.
77 He was selected by the people as an independent candidate. His career is given in Hist. North Mex. Statesand Texas, ii., this series. His opponents were J. Townes, a whig who was appointed to the post in 1849, and J. J. Bryant, democratic nominee, and a man of wealth, owner of Bryant's hotel. The latter was the only real rival. Pioneer Arch., 29-31.
78 His associates were F. Tilford, recorder, T. H. Holt, att'y, C. G. Scott, treas., B. L. Berry, comptroller, W. M. Irwin, collector, D. McCarthy, street com., M. Fallon, marshal. The aldermen were Win Green, president, C. Minturn, F. W. Macondray, D. Gillespie, A. A. Selover, W. M. Burgoyne, C. W. Stuart, M. L. Mott; assistant aldermen, A. Bartol, president, C. T. Botts, W. Sharron, J. Maynard, J. P. Van Ness, L. T. Wilson, A. Morris, W. Corbett. Aldermen Burgoyne and Macondray not taking their seat were rc- placed by M. G. Leonard and J. Middleton, and assistant aldermen Botts and Maynard, by G. W. Green and J. Grant. For assessors, clerks, court officials, police, pilots, men under J. Hagen, harbor-master, etc., see S. F. Directory, 1850, 122-9; S. F. Annals, 272-3; Alta Cal. and Pac. News, Apr. 26-May 21, 1850, with comments. On ward division, Id., Dec. 14, 1850; S. F. Herald, June 6, 1850, etc .; S. F. Municipal Repts, 1859, 177-9; S. F. Picayune, Oct. 5, 8, Nov. 2, 1850; Cal. Courier, Aug. 12, 1850. T. Green claims to have ab- stained from contesting the mayoralty out of sympathy for Geary.
79 It stood on the north-west corner of Kearny and Pacific sts, fronting 100 feet on Kearny st, with a depth of 64 feet. The commodious yard containe:1 two wells and several outhouses. The roof was metallic. This was offered by Graham, member of the council in April 1850, to his associates and bought by them on Apr. Ist, for $150,000, less $50,000 in exchange for the lately pur- chased town hall on Stockton st. Tired of drifting between the narrow con- fines of the public institute and the old adobe custom-house on the west side of the plaza, the preceding council had bought the American hotel on Stockton st, near Broadway, evidently to promote the lot speculations of certain members. Thither the council removed on the 18th of March, but the order for other officials to follow the example was vigorously objected to, on the groundl that
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SAN FRANCISCO.
manifested in their greed for spoils, to which end a heavier schedule of taxes was projected, with a corre- spondingly increased number of drainage holes, more or less cunningly concealed. Not content with the reward that must imperceptibly flow into their pockets from this effort, they hastened to anticipate a portion by voting a salary of $6,000 to each alderman of the two boards, after assigning a propitiatory $10,000 to the mayor and some of his chief aids. Geary refused to participate in the scheme; and encouraged by his attitude, the public loudly protested against such brazen spoliation of an already burdened city. The council thereupon dropped its demands 80 to $4,000 which would have given them, had not the measure been vetoed, about a hundred dollars for each of the evenings devoted by the average member to the com- mon weal. They sought solace, however, for their lacerated feelings, by voting themselves gold medals of sufficient size to impress an ungrateful public with the arduous services thereby commemorated.81
With such and other glaring diversions of public funds it can readily be conceived what the secret pil-
the hall was too remote from business centres. Nor did the offer to rent offices therein find favor. And so the present purchase was made; a bargain it was loudly claimed, for the two upper stories, with 36 rooms, besides others on the second floor, could be rented for perhaps $62,400, while the saving in rents by the scattered public offices, stations, and courts would amount to $70,000. To build a hall according to the adopted plan would cost $300,000, and require perhaps a year's delay, neither of which the city could afford. Report in S. F. Mmutes, 1850, 191-4. Descriptions in S. F. Herald, Feb. 19, 1851; Pac. News, May 17, 1850, etc. The report may be taken with due allowance, how- ever, for changes and repairs increased the cost of the building. Unbound Doc., 58. On July 4, 1850, the plaza was adorned with a faultless new liberty pole, 120 feet long, presented by Portland city. S. F. Herald, July 4, 1850. The old pole was burned with the custom-house, corner of Montgomery and Cali- fornia sts, in May 1851. S. F. Annals, 282.
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