History of California, Volume VI, Part 30

Author: Bancroft, Hubert Howe
Publication date: 1885-1890
Publisher: San Francisco, Calif. : The History Company, publishers
Number of Pages: 816

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21 The history of the arrival in Cal. of Comp. F, 3d artillery, Jan. 1847, the N. Y. volunteers in March 1847 and Feb. 1848, and a battalion of dra- goons from Mexico in Ang. 1848, is given in my Hist. Cal., v., ch. xix.

22 Lancy, Cruise of the Dale, 222; Grimshaw, Narr., MS., 12-13.

23 Californian, S. F., Dec. 23, 1848.

24 H. Ex. Doc., 17, p. 641. See order of A. A. Adjut. W. T. Sherman

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ATTITUDE OF THE ARMY.

It was indeed a difficult position to occupy, that of chief in a country where the forts were without sol- diers, ordnance without troops enough to guard it, towns without able-bodied men left in them; a colonial territory without laws or legislators, or communication with the home government, or even with the navy, for many months. "The army officers," writes one of them, "could have seized the large amount of funds in their hands, levied heavily on the country, and been living comfortably in New York for the last year, and not a soul at Washington be the wiser or worse for it. Indeed, such is the ease with which power can go un- checked and crime unpunished in this region, that it will be hard for the officers to resist temptation; for a salary here is certain poverty and debt, unless one makes up by big hauls." That temptations were not yielded to under these circumstances 25 redounds to the honorable repute of disbursing officers and collectors of the special war tax known afterward as the civil fund.

This was a duty levied on imports by the United States authorities in California during the military occupation of and previous to the extension of custom- house laws over the country,26 and amounted in 1849 to $600,000. The custodian of this fund in 1848 at San Francisco was Assistant Quartermaster Captain J. L. Folsom, who was under no bonds, and account-

relative to purchasing or receiving arms, clothing, etc., from deserters, in California Star, June 14, 1848.

25 Reference to the Cal. Star and Californian of Dec. 9 and 16, 1848, reveals the fact that Gov. Mason and his adjutant, Sherman, were driven by inade- quate salaries to attempt some unofficial operations to eke out a living. Charles E. Pickett, who, whether he was on the banks of the Willamette, the shores of S. F. Bay, or among the peaks of the Sierra, was always critic-in-chief of the community afflicted with his presence, was the author of charges against these officers, and against Capt. Folsom, which had their foundation in these efforts. Sherman tells us in his Memoirs, 64-5, that Mason never speculated, although urged to do so; but ' did take a share in the store which Warner, Bestor, and I opened at Coloma, paid his share of the capital, $500, and received his share of the profits, $1,500. I think he also took a share in a venture to China with Larkin and others; but on leaving Cal. was glad to sell out without profit or loss.' Com. Jones was convicted in 1851 of specu- lating in gold-dust with govt funds, and sentenced to suspension from the navy for 5 years, with loss of pay for half that time.

20 Gwin, Memoirs, MS., 40, 111; Crosby, Events in Cal., MS., 43.

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POLITICAL HISTORY.

able to no one except his commanding officer. He was, in fact, collecting duties from American importers as if he were the servant of a foreign power, whereas he was, in that capacity, the servant of no power at all, there being no government existing in California after the 30th of May, 1848. The fund, however, proved a very convenient treasury to fall back upon during the no-government period, as we shall see here- after.2

Notwithstanding the treaty, the opinion was preva- lent that congress would fail to establish a territorial government, it being well understood that the question of slavery would obstruct the passage of a territorial bill, but the difficulties already referred to, with the necessity for mining laws and an alarming increase in crime, furnished sufficient ground on which the agi- tators might reasonably demand an organization, or at least a governor and council, which they insisted that Mason, as commander of the United States forces, had the power to appoint. But Mason knew that while the president would willingly enough have conferred on him this power, had he himself possessed it, with- out the consent of congress, no such authority existed anywhere out of congress; and what the president could not do, he could not undertake. The agitators were thus compelled to wait to hear what action had been taken by congress before proceeding to take affairs in their own hands.

The subject received a fresh impetus by the arrival in November of Commodore Jones, with whom Mason had a conference. It was agreed between them that

27 There was no system of direct taxation existing in California before it become a state of the union. The only revenue Mexico derived from it was that produced by a high tariff on imports. The 'military contributions,' as the U S govt was pleased to denominate this revenue, diverted to itself, have been the subject of much discussion. Dr Robert Semple, in an article in the Californian of Oct 21, 1848, states that there was no show of right to col- lect this tariff after the war had ceased, but that the ports, coasts, bays, and rivers of Upper California were 'as free as the island of Juan Fernandez,' in point of fact, until the revenue laws of the U. S. were extended over them. But the collection went on, and the American shipping-masters and mer- chants paid it

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TIRESOME WAITING.

should congress prove to have adjourned without pro- viding a government for California, the people should be assisted to organize a temporary constitution for themselves,28 and Mason was understood as promising to turn over to the provisional government the civil service fund, above alluded to,29 for its expenses.

Time passed, and the last vessel on which any com- munications from Washington could be hoped for had arrived, while the agitators openly declared that the government evidently intended that they, its military officers, should have taken the responsibility of making matters easy for the people in the establishment of a civil organization, the inference being that they were exercising unjustifiable power in impeding it. An agent was, however, actually on his way at that mo- ment, who was commissioned to observe and report upon the character and disposition of the inhabitants, with a view to determining whether it were wise or not to encourage political movements in California, in the event of the struggle in congress over slavery be- ing prolonged. The letter of instructions furnished to this agent 30 by Secretary Buchanan contained, indeed, no such admission. On the contrary, after expressing the regrets of the president that California had not received a territorial government, the secretary "ur- gently advised the people of California to live peace- ably and quietly under the existing government," consoling themselves with the reflection that it would endure but for a few months, or until the next session of congress. But to live peaceably and quietly under the government de facto, half Mexican and half mili-

28 Califonian, S F., Oct. 21, 1848; Tuthill, Hist. Cal., 247.

29 Unbound Doc., MS., 140-1; Star and Californian, Nov. 18, 1848.

30 William V. Voorhies was the agent employed by the postmaster-general to make arrangements for the establishing of post-offices, and for the trans- mission, receipt, and conveyance of letters in Oregon and California.' To him was intrusted the secretary's open message to the people of Cal., and such instructions as concerned more private matters. Buchanan's letter recog- nizing the govt left at the termination of the war as still existing and valid, when not in contradiction to the constitution of the U. S., is fonnd in Amer. Quart. Reg., Iv. 510-13; and in E.x. Doc., i., accompanying the president's message at the 2d sess. of the 30th cong.

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POLITICAL HISTORY.

tary, was what they had decided they were unable to do. Before the message arrived they had begun to act upon their own convictions, and were not likely to be turned back. 31 Meantime, to the population already

31 Proofs of this were not lacking. Mrs Hetty C. Brown of S. F., having been deserted by her husband, applied to the governor for a divorce in Dec. 1847. He decided that neither he nor any alcalde had the authority to grant a divorce; but gave it as his opinion that there being no law in Cal. on the subject of divorce, and she being left without any support, she might view her husband as dead, so far as she was concerned Unbound Doc., MS., 137. Continual complaints were made of the alcaldes. Pickett wrote to Gen. Kearny, in March 1849, that John H. Nash, alcalde at Sonoma, was ignorant, conceited, and dogmatical, and governed by whims; he was also under the influence of a pettifogger named Green. The unrestricted powers assumed by these magistrates were laying the foundations for much litigation in the future when their decisions would be appealed from. J. S. Ruckel wrote to the gov. Dec. 2Sth on the affairs of the pueblo of San José that ' matters which were originally bad are growing worse and worse-large portions of the popu- lation lazy and addicted to gambling have no visible means of livelihood, and of course must support themselves by stealing cattle or horses .... Wanted, an alcalde who is not afraid to do his duty, and who knows what his duty is.' On the other hand, there were complaints that Monterey was frequently visited by ' American desperadoes, who committed assaults on the native population, and defied the authorities. They were at last put down; some were shot on the spot, and some were afterwards disposed of by lynch law.' Roach, Facts, on California, MS., 5. Charles White, alcalde of San Jose, wrote to Gov. Mason in March 1848, that he had received information of 60 men organizing, and daily receiving recruits, who had constant communication with volun- teers in the service, who had in view to soon attack the prison at Monterey and release the prisoners. 'They also have formed the plan of establishing an independent government in California. They are well armed; the good people of the country standing in fear of exposing these people, lest they might be killed in revenge.' Unbound Doc., MIS., 169. Immigrants had taken possession of the missions of San José and Santa Clara, injured the buildings, and destroyed the vineyards and orchards, having no respect to any part of them except the churches. At the same time wild Indians were making or- ganized and successful raids on the stock belonging to Americans and immi- grants, and were aided by the mission Indians. W. G. Dana writing from San Luis Obispo in June 1847, complained that 'society was reduced to the most horrid state. The whole place has for a long time past been a complete sink of drunkenness and debauchery.' Murders were also reported by the alcalde. Affairs were a little less deplorable at the more southern missions, where lawless persons, both native and foreign, committed depredations on mission property everywhere. In July 1848 a meeting was held at S. F. to consider the question of currency, and a committee consisting of W. D. M. Howard, C. V. Gillespie, and James C. Ward presented to Gov. Mason the following resolutions: Ist. That the gov'r be petitioned to appoint one or more assayers to test the quality of the gold taken from the placers on the Sacramento. 2d. That the gov'r he asked to extend the time allowed for the redemption of the gold-dust, deposited as collateral security for payment of duties, to 6 months, so as to allow time for the importation of coined money into the country for that purpose. 3d. That the gov'r be requested to ap- point a competent person to superintend the conversion of gold into ingots of convenient weights, the same to be stamped with the name of the person fur- nishing the gold to be cast; the weight, and if possible, its fineness, in refer- ence to standard; the said officer to keep a record of all the gold cast, the expense of casting to be defrayed by the person furnishing the raw material.

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DETERMINED ACTION.

in the country were added a company of miners from the "state of Deseret," and several companies from the province of Oregon. These were all men who had supported independent governments; some of them had assisted in forming one, and regarded themselves as experienced in state-craft. There was also consid- erable overland immigration in the autumn.

The murder in the mining district of Mr Pomeroy and a companion in November, for the gold-dust they car- ried, furnished the occasion seized upon by the Star and Californian of renewing the agitation for a civil govern- ment. Meetings were held December 11, 1848, at San José; December 21st, at San Francisco; and at Sacra- mento on the 6th and 8th of January, 1849.32 The San

Last resolution not carried. 4th. Appointment of a committee to petition congress to establish a mint in this town-the petition to be circulated in the Sacramento Valley and elsewhere for signatures. The said committee to consist of C. V. Gillespie, James C. Ward, W. D. M. Howard, and Capt. Joseph L. Folsom, U. S. A. Id., 136-7.

32 The meeting was held at the alcalde's office in San José, Charles White in the chair; James Stokes, Maj. Thomas Campbell, Julius Martin, vice-prests; P. B. Cornwall, William L. Beeles, secs; Capt. K. H. Dimmick, Ord, Ben- jamin Cory, Myron Norton, and J. D. Hoppe were appointed a committee to frame resolutions. The meeting was addressed by O. C. Pratt of Ill. A con- vention was appointed for the 2d Monday in Jan., and Dimmick, Cory, and Hoppe elected delegates. Star and Californian, Dec. 23, 1848. Reports of these meetings are contained in the Alta California, then published by Edward Gilbert, Edward Kemble, and George C. Hubbard, and supporting the provis- ional govt movement. Of the Sac. meetings Peter H. Burnett, who had been judge and legislator in Oregon, and helped to form the Oregon laws, was president. The vice-prests were Frank Bates and M. D. Winship; and the secs Jeremiah Sherwood and George Mckinstry. A committee consisting of Samuel Brannan, John S. Fowler, John Sinclair, P. B. Reading, and Bar- ton Lee was appointed to frame a set of resolutions which should express the sense of the meeting. These resolutions recited that congress had not ex- tended the laws of the U. S. over the country, as recommended by the prest, but had left it without protection; that the frequency of robberies and mur- ders had deeply impressed the people with the necessity of having some reg- ular form of government, with laws and officers to enforce them; that the discovery of gold would attract immigration from all parts of the world, and add to the existing danger and confusion; therefore, that trusting to the govt and people of the U. S. for sanction, it was resolved that it was not only proper but necessary that the inhabitants of Cal. should form a provisional govt and administer the same; and that while lamenting the inactivity of congress in their behalf, they still desired to manifest their confidence in and loyalty to the U. S. The proceedings of the San Jose and S. F. meetings were concurred in, and the people were recommended to hold meetings and elect delegates to represent them in a convention to be held March 6th at San José for the purpose of draughting a form of govt to be submitted to the people for their sanction. A meeting was appointed to take place on the 15th to elect 5 delegates from that district to the convention at San José. A com- mittee was chosen by the prest to correspond with the other districts; namely,

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José meeting recommended that the convention assem- ble at that place on the second Monday of January; the San Francisco meeting, that the convention should assemble on the 5th day of March; but on the 24th of January the corresponding committee of San Fran- cisco notified a postponement of the convention to the 6th of May.33 The reasons given for the change of date were the inclemency of the weather, making it difficult to communicate with the southern districts; and recent intelligence from the United States, from which it appeared probable that congress would organ- ize a territorial government before the adjournment of the session ending March 4th. A month being al- lowed for the receipt of information,34 there could be no further objection to the proposed convention should congress again disappoint them. All these circum- stances together operated to defeat the movement for a convention. The Sacramento delegates, Charles E. Pickett and John Sinclair, protested against a change of time, but the majority prevailed, and the conven-

Frank Bates, P. B. Reading, and John S. Fowler. Frank Bates, Barton Lee, and Albert Priest were appointed judges of the election of delegates. A res- olution was offered by Sam Brannan that the delegates be instructed to 'oppose slavery in every shape and form in the territory of California,' which was adopted. Burnett, Recoll., 295-8. The meeting at S. F. was presided over by John Townsend; William S. Clark and J. C. Ward were chosen vice- prests, and William M. Smith and S. S. Howison secs. The committee on resolutions consisted of Edward Gilbert, George Hyde, B. R. Buckelew, Henry A. Schoolcraft, Myron Norton, Henry M. Naglee, and James Creigh- ton. They reported on the 23d, and their resolutions were adopted. Gilbert, Ward, Hyde, Toler, and Davis were appointed judges of election. Buckelew moved that duties collected at all ports in Cal., after the ratification of the treaty of peace in Ang., rightfully belonged to Cal .; and furthermore, that as the U. S. congress had not provided a government for the people of the ter- ritory, 'such duties as have been collected since the disbandment of the ex- traordinary military force justly belongs to the people of this territory, and should be claimed for our benefit by the govt we may succeed in creating.' Adopted after some debate; Gilbert, Ward, and Hyde were appointed corre- sponding committee. Star and Californian, Dec. 23, 1848.

33 Alta California, Jan. 24, 1849; S. F. Minutes Proceedinys Legis. Assem., etc., 296 (no. 1, in S. F. Hist. Inc., etc.). Meetings were held at Santa Cruz and Monterey to elect delegates to the convention in May. Santa Cruz delegates were William Blackburn, J. L. Majors, Eli Moore, John Dobindiss, J. G. S. Dunleavy, Henry Speal, and Juan Gonzales. Arch. Sta Cruz, 102. Walter Colton draughted the resolutions for the Monterey meeting. Colton, Three Years, 393; An. S. F., 136; Mendocino Co. Hist., 269-319.

34 The ocean mail steamers were announced to commence their regular trips between Panamá and California and Oregon early in the spring.

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SELF-GOVERNMENT.

tion was finally postponed to the first Monday of August,35 when, should congress not then have created a territorial government for California, there should be no further delay in organizing a provisional gov- ernment. In the mean time event crowded on the heels of event, changing the purposes of the people as their condition changed.

With the expiration of 1848 expired also the term of the town council of San Francisco which Mason had authorized in August of the previous year. By a municipal law, an election for their successors was held on the 27th of December, when seven new coun- cilmen were chosen. The former council 36 declared the election fraudulent and void, and ordered a new one. A majority of the population opposed this unwarrant- able assumption of power, and refused to attend, but an election was held and another council chosen. Until the 15th of January, when the old council voted itself out of existence, three town governments were in operation at the same time, and the two remaining ones for some weeks longer. Wearied and exasper- ated by the confusion in their affairs, the people of San Francisco district called a meeting on the 12th of February, at which it was resolved to elect a legis- lative assembly of fifteen members, who should be empowered to make such necessary laws "as did not conflict with the constitution of the United States, nor the common law thereof." 37 This legislative body

35 This postponement was made in a communication addressed to the Alta Cal. of March 22d, signed by the following delegates: W. M. Steuart, Myron Norton, Francis J. Lippitt, from S. F .; Charles T. Bolts, Monterey; J. D. Stevenson, Los Angeles; R. Semple, Benicia; John B. Frisbie and M. G. Vallejo, Sonoma; S. Brannan, J. A. Sntter, Samuel J. Hensley, and P. B. Reading, from Sac.

36 Refer to note 11, this chapter, for names.

37 M. Norton presi led at the meeting of the 12th, and T. W. Perkins acted as sec y. The preamble to the ordinances established by the meeting recited that 'the people of S. F., perceiving the necessity of having some better de- fined and more permanent civil regulations for our general security than the vague, unlimited, and irresponsible authority that now exists, do, in general convention assembled, hereby establish and ordain.' Then follow the regu- lations. Alta Cal., Feb. 15, 1849.

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POLITICAL HISTORY.

also appointed an election of three justices of the peace, abolished the office of alcalde, his books and papers being ordered to be resigned to one of the justices; and abolished both the town councils, the members being commanded to send their resignations to a com- mittee appointed to receive them.38 The election of the legislative assembly and justices was ordered for the 21st of the month, and took place; but as there was no actual power in the legislature to enforce its acts, the new government threatened to prove as pow- erless for good as its predecessor. The alcalde Leav- enworth refused to relinquish the town records39 to the chief magistrate, Norton, as directed ; and such was the pressure of private business that it was found difficult to procure a quorum at the meetings of the legislature. To correct the latter defect in the govern- ment, the members were added to the assembly in May, and the offices of register, sheriff, and treasurer created.

On the 26th of February, five days after the first election of assemblymen, there arrived at San Fran- cisco the mail steamer California, having on board General Persifer F. Smith, who as commander of the military division of California superseded Colonel Mason. Smith blundered, as military men are prone to do in managing civil affairs. He wrote to the secretary of war from Panamá that he was "partly inclined to think it would be right for me to prohibit foreigners from taking the gold, unless they intend to become citizens." Next he wrote to the consuls on South American coast "that the laws of the United States forbade trespassing on the public lands," and that on arriving in California he should enforce this law against persons not citizens. To the secretary he again wrote: "I shall consider every one not a citizen of the United States, who enters on public land and digs for gold, as a trespasser, and shall enforce that

38 The committeemen were Alfred J. Ellis, Wmn F. Swasey, B. R. Bucke- few, and George Hyde. Burnett, Recoll., 310.

39 Findla, Statement, MS., 10.

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LEADING QUESTIONS.

view of the matter if possible, depending upon the distinction made in favor of American citizens to en- gage the assistance of the latter in carrying out what I propose. All are undoubtedly trespassers; but as congress has hitherto made distinctions in favor of early settlers by granting preemptions, the difficulties of present circumstances in California may justify for- bearance with regard to citizens, to whom some favor may be hereafter granted."

This doctrine of trespass furnished the Hounds, an organized band of Australian criminals and deserting English sailors, with their only apology for robbing every Mexican of Californian they met, upon the ground that they were foreigners, at least not citizens; and passports had actually to be furnished to these people in the land where they were born.40 The Hounds did not long remain, but had their congé from the authorities civil and military.

To General Smith the legislature of San Francisco district addressed a letter inviting his sympathy and support, to which he returned a noncommittal reply, without attempting to interfere with the operations of the experimental government. There was no exigency requiring him to intermeddle while awaiting the action of congress, drawing to a close, and the incoming of a new national administration whose policy was yet un- known. The community in general supporting the assembly, the sheriff, furnished by Judge Norton with a writ of replevin, and assisted by a number of volun- teer deputies, finally compelled Alcalde Leavenworth to surrender the records, which were deposited in the court-house, where justice was hereafter to be admin- istered. This did not occur, however, before the in- action of congress had become known, and California had received another governor.

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History of California, Volume VI, Part 30

Author: Bancroft, Hubert Howe Publication date: 1885-1890 Publisher: San Francisco, Calif. : The History Company, publishers Number of Pages: 816

Author: Bancroft, Hubert Howe
Publication date: 1885-1890
Publisher: San Francisco, Calif. : The History Company, publishers
Number of Pages: 816