USA > California > History of California, Volume VI > Part 29
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2 No more convincing reference could be made to prove the conciliatory spirit of the free states than the constitution itself, nor to show that they re- garded slavery as local and temporary. Section 9 of article 1 declares: 'The migration or importation of such persons as any of the states now existing shall think proper to admit shall not be prohibited by the congress previous to the year 1808, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.' The slave states were fewer in num- ber and more thinly settled than the free states; therefore the latter, to equalize the power of the two sections, and secure the federation of all the states, made important concessions; and while saying that 'no capitation or direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore di- rected to be taken,' and that representation should be determined by numbers, says further, 'which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and ex- cluding Indians not taxed, three fifths of all other persons,' meaning three fifths of the slaves in the slave states, which were not subject to taxation, though held as property, and though not acknowledged to be men, were represented in congress. See sec. 1, article I, of the constitution.
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ritory, enjoying privileges of exemption from just tax- ation, and having excessive representation in congress and a preponderance of the political patronage. The north, in 1846, had more than twice the free voting population of the south, while the south had more states than the north,3 consequently more votes in the United States senate, with the privilege of a prop- erty representation in the lower house. Such was the aggressiveness of the north toward the south, of which for a dozen years we heard so much in con- gress.4
It was said in seeming earnest that the south had not desired the acquisition of Mexican territory. This was but a feint on the part of the southern leaders. The whigs of the north and south, in the senate, op- posed the war policy, while the democrats favored it. Nor was it different in the house of representatives. Yet when it came to be voted upon, the matter had gone past the nation's power to retract, and the last $3,000,000 was placed in the president's hands by a nearly equal vote in the senate, and a large majority in the house. Having done the final act, the people could exult in their new possessions, and elect a whig to the presidency for having been the conquering hero in the decisive Mexican battles.
The conquest of California had been a trifling mat-
3 At the period when these discussions were being carried on, Feb. 1847, the northern or free states were Maine, New Hampshire, Vermont, Massa- chusetts, Connecticut, Rhode Island, New York, New Jersey, Pennsylvania, Ohio, Illinois, Indiana, Iowa, and Michigan, 14. The southern or slave states were Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, Kentucky, Tennessee, Missouri, Arkansas, and Texas, 15. In August Wisconsin was admitted, which restored the balance in the senate. The struggle which followed over the admission of California was a battle for political supremacy as well as for slave territory. That this cause underlying this strife has been removed, the nation should be profoundly grateful.
+ Schenk of Ohio, speaking to the house of representatives, said: "This much we do know in the free states, if we know nothing else, that a man at the south with his hundred slaves counts 61 in the weight of influence and power upon this floor, while the man at the north with his 100 farms counts but 1. Sir, we want no more of that; and with the help of Godl and our own fir.n purpose we will have no more of it.' Cony. Globe, vol. 18, 1847-8, 1023.
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POLITICAL HISTORY.
ter, mere guerrilla practice between a few hundred American settlers of the border class and a slightly larger force of Californians. At the proper juncture the former were given aid and comfort by the United States military5 and naval forces, and the conquest had cost little bloodshed. It is true, there was a re- volt, which was cut short by the treaty of Cahuenga in January 1847 There was the irony of fate in what followed the conquest, first planned by southern politicians, and accomplished in defiance of their sub- sequent opposition ; namely, the contemporaneous dis- covery of gold, and the influx of a large population, chiefly from the northern states. As to the real Cali- fornians, those of them who had not been masters had once been slaves, and they now would have only free- dom.
The idea of conquest in the American mind has never been associated with tyranny.6 On the con- trary, such is the national trust in its own superiority and beneficence, that either as a government or as individuals we have believed ourselves bestowing a precious boon upon whomsoever we could confer in a brotherly spirit our institutions. And down to the present time the other nations of the earth have not been able to prove us far in the wrong in indulging this patriotic self-esteem. But there are circum- stances which obstruct all transitions of this nature, and temptations which being yielded to by individuals impart an odor of iniquity to governments which they have not justly merited. It was so when soldiers
" Prof. Josiah Royce, of Harvard college, by philosophic reasoning as well as by collateral evidence, arrives at similar conclusions. Study of American Character.
6 Luis G. Cuevas, sec. of interior and foreign relations of Mexico, in his report to congress of 5th Jan., 1849, speaking of the treaty of Guadalupe Hi- dalgo, says that the future of the Californians was an object of deep solicitude to the govt and congress, and to the plenipotentiaries of Mexico, 'and the relative stipulations of the treaty, and the measures subsequently taken to diminish their misfortune, make evident how deep is the feeling caused by the separation from the national union of Mexicans, those so worthy of pro- tection, and of marked consideration.' Mex. Mem. Relac., 1849, p. 14. So far as the Californians were concerned, they were ripe for separation, as the secretary must have known.
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MILITARY RULE.
of the Castilian race, under the seeming authority of the Spanish rulers at Madrid, robbed and massacred the native races of this continent, notwithstanding the mandate not to commit these crimes against human- ity. It is so to-day, when the cry is daily going up against our Indian policy, which thoughtfully exam- ined in the light of history is in some respects an enlightened and christian policy; for instead of reduc- ing the savages to slavery or taxing them to support the government of the invader, it simply kills them, the few survivors being supported and educated at public expense. It is a wise policy, a humane policy, but in the hands of vile politicians and their creatures, it results in acts that satisfy Satan most of all. Still, if certain Americans, being possessed of the souls of sharks rather than of men, contrived by the aid of laws maleadministered to swallow up the patrimony of many a Juan and Ignacio of this dolce far niente land, it cannot be said that the United States was an intelligent party to the scandal.
When Commodore Sloat, at Monterey, in July 1846, proclaimed California free from Mexican rule, and a territory of the United States, he exercised no tyrannous authority, simply informing the people that until the United States should erect a government they would be under the authority and protection of military laws.7 He assured them that their rights of conscience, of property, and of suffrage should be re- spected; that the clergy should remain in possession of the churches; and that while the manufactures of the United States would be admitted free of duty, about one fourth of the former rates would be charged on foreign merchandise. Should any not wish to live under the new government as citizens of it, they would be afforded every facility for selling their property and retiring from the country. Should they prefer to remain, in order that the peace of the country and
7 Hall, Hist. San José, 148-50
HIST. CAL., VOL. VI. 17
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POLITICAL HISTORY.
the course of justice should not be disturbed, the pre- fects of districts and alcaldes8 of municipalities were to retain their offices, and continue the exercise of the functions pertaining to them in the same manner as formerly. Provisions furnished the United States officers and troops should be fairly purchased, and the holders of real estate should have their titles confirmed to them. Such were the promises and intentions of the government, reiterated from time to time by the military governors.
In the disquiet incident to a sudden change of gov- ernment, it happened that Americans not infrequently were appointed to the office of alcalde, to fill vacancies occurring through these disruptive conditions. Wal- ter Colton, the American alcalde at Monterey, exer- cising the unlimited authority conferred upon him by the office, impanelled the first jury ever summoned in Monterey, September 4, 1846, composed one third
8 Bidwell, 1841 to 1848, MS., 231. The district of Sonoma was bounded by S. F. Bay, the ocean, the Oregon line, and the Sac. River; the Sac. dis- trict, the territory east of the Sacramento, and north and east of the San Joa- quin; and so on. There was an alcalde wherever there was a settlement. Crosby's Statement, MS., 16. It was not necessary that an alcalde should know much about written law or precedents. In both civil and criminal suits brought before him his decisions were final, the penalties being severe and invariably applied. Burnett, Recoll., MS., ii. 143. The punishment of stealing, the most common crime, was for Mexicans a fine, and for Indians whipping. The Californians had no penitentiary system, nor work-houses. Colton, who was appointed by Stockton alcalde of Monterey, July 28, 1846, introduced compulsory labor for criminals, and before the end of a month had 8 Indians, 3 Californians, and one Englishman making adobes, all sentenced for stealing horses or cattle. Each must make 50 adobes per day; for all over that number they were paid a cent a piece, the total of their weekly earnings being paid every Saturday night. A captain was put over them, chosen from their own number, and no other guard was required. Three Years in Cal., 41- 2. Colton was chaplain on board the ship Congress when appointed. He held the position only until Sept. 15th, when he returned to his duties on board the ship. He really discharged the duties of prefect, for, he says: 'It devolved upon me duties similar to those of a mayor of one of our cities, without any of those judicial aids which he enjoys. It involves every breach of the peace, every case of crime, every business obligation, and every disputed land-title within 300 miles. From every other alcalde's court in this jurisdiction there is an appeal to this, and none from this to any higher tribunal. Such an ab- solute disposal of questions affecting property and personal liberty never ought to be confided to one man. There is not a judge on any bench in Eng- land or the United States whose power is so absolute as that of the alcalde of Monterey.' Colton held under a military commission, succeeding the purser of the Congress, R. M. Price, and the surgeon, Edward Gilchrist. After the 15th of Sept. the office was restored to its civil status, the incumbent being elected by the people.
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ALCALDE JUSTICE.
each of native Californians, Mexicans, and Americans. The case being an important one, involving property on one side and character on the other, and the dis- putants being sonie of the principal citizens of the county, it excited unusual interest, to which being added the novel excitement of the new mode of trial, there was created a profound impression. By means of interpreters, and with the help of experienced lawyers, the case was carefully examined, and a ver- dict rendered by the jury of mixed nationalities, which was accepted as justice by both sides, though neither party completely triumphed. One recovered his prop- erty which had been taken by mistake, and the other his character which had been slandered by design.9 With this verdict the inhabitants expressed satisfac- tion, because they could see in the method pursued no opportunity for bribery They had yet to learn that even juries could be purchased.
Stockton, who succeeded Sloat, acted toward the Californian population in the same conciliatory spirit. The strife in 1847 was not between them and the mili- tary authorities, but between the military chiefs, who each aspired to be the first to establish a civil govern- ment in the conquered country, as I have shown in a previous volume.10 Kearny claimed that he had been instructed by the secretary of war to march from Mexico to California, and to "take possession" of all the sea-coast and other towns, and establish civil govern- ment therein. When he arrived, possession had al- ready been taken, and a certain form of government, half civil and half military, had been put in operation. Stockton had determined upon Frémont as military commander and governor, who was to report to him as commander-in-chief. Kearny would have made Frémont governor had he joined him against Stockton. On January 19, 1847, Frémont assumed the civil gov- ernment, with William H. Russell secretary of state,
9 Colton's Three Years in Cal., 47.
10 Hist. Cal., v. 444-51, this series.
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POLITICAL HISTORY.
under commissions from Stockton. A legislative council was appointed, consisting of Juan Bandini, Juan B. Alvarado, David Spence, Eliab Grimes, San- tiago Arguello, M. G. Vallejo, and T. O. Larkin, summoned to convene at Los Angeles, March 1st; but no meeting was ever held. Finally, the authorities at Washington ordered Frémont to return to the capi- tal as soon as his military services could be dispensed with. There was a new naval commander in January, Shubrick, who sided with Kearny. Together they issued a circular, in which Kearny assumed executive powers, fixing the capital at Monterey. The country was to be held simply as a conquest, and as nearly as possible under the old laws, until such time as the United States should provide a territorial government. In June, Kearny set out for Washington with Fre- mont. In July, Stockton also took his departure. The person left in command of the land forces, and to act as governor, was R. B. Mason, colonel 1st dragoons, who, perceiving the rock upon which his predecessors had split, confined his ambition to compliance with instructions, and who ruled as acceptably as was pos- sible under the anomalous condition of affairs in the country.
In October, Governor Mason visited San Francisco, where he found a newly elected town council. On taking leave, after a flattering reception, he addressed a communication to the council,11 reminding them that their jurisdiction was limited to the territory embraced by the town limits, which the alcalde 12 was directed to
11 The council consisted of William Glover, William D. M. Howard, Wil- liam A. Leidesdorff, E. P. Jones, Robert A. Parker, and William S. Clark. Howard, Jones, and Clark were chosen a committee to draught a code of muni- cipal laws. Under these regulations George Hyde was first alcalde, and was not popular. The second alcalde, for there were two, was T. M. Leavenworth. Leidesdorff was nominated town treasurer, and William Pettet secretary of the council. At the same meeting the council imposed a fine of $500, and 3 months' imprisonment on any one who enticed a sailor to desert, or who har- bored deserting seamen. Certain odious conditions in the titles to town lots were removed.
12 Washington A. Bartlett, a lieutenant attached to a U. S. vessel, was the first American alcalde of S. F., appointed in Jan. 1847, and responsible for the restoration of name from Yerba Buena to the more sonorous, well-
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CONSTITUTIONAL CONVENTION.
determine without unnecessary delay ; that their duties were prospective, not retrospective; warning them against abrogating contracts made by previous author- ities, further than to exercise the right of appeal in the case of injurious regulations, and advising the council to keep the municipality free from debt. Three petitions being presented to him for the removal of the then alcalde, he ordered an investigation of the charges, which resulted in the resignation of that officer and the appointment of another in his place. Having settled these affairs, Mason returned to Monterey; and from the proceedings here hinted at may be in- ferred how rapidly, even at this date, the country was becoming Americanized, the best evidence of which was the freedom with which the existing institutions were assailed by the press, represented by two weekly newspapers, both published at San Francisco.
As early as February 13, 1847, the California Star urged the calling of a convention to form a constitu- tion for the territory, justifying the demand by rail- ing at the existing order of things. The author of these tirades was Doctor Semple, of whom I shall have more to say hereafter, and whom Colton calls his "tall partner." "We have alcaldes," he said, "all over the country, assuming the power of legislatures, issuing and promulgating their bandos, laws, and orders, and oppressing the people." He declared that the "most nefarious scheming, trickery, and speculating have been practised by some." He spoke propheti- cally of what was still in the future rather than of
known, and saintly appellation which it now bears. It had at this time 300 inhabitants, 50 adobe houses, and a weekly newspaper, the California Star, owned by Sam Brannan and edited by E. P. Jones. In May the Californian, started at Monterey Aug. 15, 1846, was removed to S. F. During Bartlett's administration Jasper O'Farrell surveyed and planned the city. Some dis- satisfaction existed with the grants made by his successor, Hyde, who was appointed Feb. 22, 1847. He was succeeded by Edwin Bryant, author of What I Saw in California, who returned to the states with Kearny and Fre- mont. Hyde was again appointed, and was succeeded, as I have said, by J. Townsend, T. M. Leavenworth, and J. W. Geary, the last alcalde and first mayor of S. F.
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POLITICAL HISTORY.
anything of which complaint had been made at that time. Before the end of the year, however, causes of dissatisfaction had multiplied with the population,13 and the "inefficient mongrel military rule" was becom- ing odious. Some of the alcaldes refused to take cogni- zance of cases involving over $100; but the governor failing to provide higher tribunals, they were forced to adjudicate in any amount or leave such cases with- out remedy ; and the authority they exercised, which combined the executive, legislative, and judicial func- tions in their persons, constantly became more poten- tial, and also more liable to abuse. But there was no help for the condition of public affairs until the United States and Mexico should agree upon some treaty terms by which military rule could be suspended and a civil government erected.
The year 1848 opened with the discovery that the territory acquired by the merest show of arms, and for which the conquering power was offering to pay a friendship-token of nearly twenty millions, was a gold- field, which promised to reimburse the purchaser. It had hardly become known in California, and was un- known in Mexico and the United States, when on the 2d of February, 1848, the treaty of Guadalupe Hidalgo was signed;14 nor was it fully substantiated at the seat of government when, on the 19th of June, the treaty was proclaimed by the president. The news did not reach California until August, when it was here proclaimed on the 7th of that month.
Mason seems to have been at his wit's end long before this. He was undoubtedly favorable to the project of a civil government, and he was aware that the administration secretly held the same views. Polk understood the American people-they had given him a precedent in Oregon. When Mason had reason to think that any day he might receive despatches from Washington appointing a governor, and furnishing a
13 California Star, Jan. 22, 1848.
14 Hist. Mex., v. 542, this series.
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AFFAIRS AT SAN FRANCISCO.
code of laws for the temporary government of the country, he drew back from the responsibility. But the rush and roar of the tide being turned upon the country by the gold discovery staggered him. In June he visited the mines to judge for himself of the necessity for political action.15 When he issued his proclamation of the treaty two months later, he an- nounced that he had instructions from Washington "to take proper measures for the permanent occupa- tion of the newly acquired territory;"16 and in conso- nance with this declaration he formally promulgated a code, printed in English and Spanish.17 With this the American population were not satisfied, insisting on a complete territorial organization, such as he had no authority to establish.18
San Francisco was, unlike Monterey, Los Angeles, and San José, to all intents an American town, whose inhabitants demanded security for their persons and property, and titles to their real estate. But this was by no means the sole or most urgent cause of anxiety to the governor.19 Early in the spring there had ar-
15 Larkin, Doc., vi. 135.
16 Californian, S. F., Sept. 2, 1848, iv., p. I.
17 Id., Aug. 14, 1848, iii. 2.
18 Hyde, Statement, MS., 11.
19 The Americans, Mason knew, could take care of themselves. They had already organized the San Francisco guards. A meeting was held Sept. 2d in the public building on Portsmouth square. It was called to order by P. A. Roach; J. C. Ward was appointed chairman, and R. M. Morrison secty. Officers elected: Edward Gilbert, captain; James C. Ward, Ist lieut; James C. Leighton, 2d lieut; William Grove, 3d lieut; W. D. M. Howard, Ist sergt, A. J. Ellis, 2d sergt; George W. Whittock, 3d sergt; James Lee, 4th sergt; corporals, Francis Murray, A. Durkin, Daniel Leahy, Ira Blanchard; surgeon, W. C. Parker; quartermaster, E. H. Harrison; paymaster, R. M. Sherman. Civil officers of the corps selected were, prest, T. R. P. Lee; Ist vice-prest, James Creighton; 2d vice-prest, R. M. Morrison; treasurer, A. A. Brins- made; secty, H. L. Sheldon. A committee was appointed to address the governor, asking for a loan of arms. Californian, S. F., Sept. 9, 1848, iii., p. 3. On the 24th of Sept., 1849, bids were received by the Guards for the erection of a building on the corner of Jackson and Dupont sts, 40x55 ft, 3 stories high. The contract was given to John Sime at $21,000. Such a building would be worth in 1878 about $2,500. Williams' Statement, MS., 10- 11. A branch organization was formed at Sac. in 1850, called the Sacramento guards, having 64 members. The officers were David McDowell, capt .; Henry Hale, Ist lieut; W. H. Crowell, 2d lieut; James Queen, 3d lieut; sergts, Ist, H. G. Langley; 2d, B. B. Gore; 3d, C. C. Flagg; 4th, W. H. Tal- mage; corporals, L. I. Wilder, G. L. Hewitt, T. H. Borden, W. E. Moody; clerk, W. R. McCracken. Sac. Transcript, Aug. 30, 1850; Bluxome, MS., 6, 20.
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POLITICAL HISTORY.
rived a number of vessels with troops, despatched to California in the autumn of 1849, while the Mexican war was in progress.20 Such were the temptations offered by the gold mines that the seamen deserted, leaving their vessels without men to navigate them. The newly arrived soldiers did the same,21 and it was found necessary to grant furloughs to the men, to give them an opportunity to try their fortunes in gold-get- ting. 22
On the arrival of Commodore T. Ap Catesby Jones, in October, he felt compelled to offer immunity from punishment to such deserters from the navy as were guilty of no other offence than desertion. This clem- ency was based upon the information, real or pre- tended, that many of them were in distress,23 and deterred from returning to duty only by their fears; but the majority of seamen were by no means eager to forsake the mines for the forecastle, or the chances of a fortune for a few dollars a month and rations. In August, Mason wrote to the quartermaster-general of the army that, in consequence of the quantity of gold obtained in the country, cash-meaning silver coin- was in great demand, and that drafts could not be negotiated except at a ruinous discount. At the same time, disbursements were heavy, in consequence of the small garrisons, and the necessity of hiring laborers and guards for the quartermaster storehouses, at "tremendous wages;" namely, from $50 to $100 monthly.24
20 There was the Anita, purchased by the govt for the quartermaster's dept, and placed under past midshipman Selim E. Woodworth, who it will be remembered arrived overland with the Oregon immigration the previous year. She is mentioned in the Califorma Star, Feb. 26, 1848. She was armed with two guns, to be used as a man-of-war on the upper California coast, and manned with seamen from the sloop-of-war Warren at Monterey. The ships Isabella and Sweden arrived in Feb. with recruits for N. Y. vols., who were employed in garrisoning the Cal. military posts. The Huntress arrived later with recruits, who nearly all deserted. H. Ex. Doc., 31, i., no. 17, pp. 648-9.
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