History of California, Volume VI, Part 31

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

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I think the American inhabitants of California exhibited great and undeserved animosity toward

40 Ex. Doc., 311, no. 17, p. 703-6, 708-10, 869, 870; Amers Quart. Reg., ii. 296.

HIST. CAL .. , VOL. VI. 18

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POLITICAL HISTORY.

Colonel Mason in his position as governor. They failed to remember that it required as much patience in him to govern them, as it did in them to be governed by him. Into his ear for nearly two years had been poured an incessant stream of complaints from both the natives and themselves Quite often enough they had been in the wrong If they did not steal horses and cattle like the Indians, or rob and assassinate like the Mexicans, they had other ways of being selfish and unchristian-not to say criminal-which made bad blood in those ruder people. He did the best he could between them all. Had his soldiers not ab- sconded to the gold mines, even then he would have required ten times their number to keep up a police system throughout the country. Only law can reach to every part of a territory, but to do that it must be organized; and here was just where Mason's delin- quencies were most flagrant. He was not an execu- tive officer according to law, but a military governor, which as they reasoned was an offence in time of peace. That he was only obeying instructions, and that he had leaned to their side while executing his trust, did not serve to soften the asperity of their judgment, and no friendly regrets were expressed when his successor relieved him of his thankless office.41 He left Califor- nia on the 1st of May, and died of cholera at St Louis the same summer, at the age of sixty years.42

41 The orders of Gen. Smith were dated Nov. 15, 1848, and ran as follows: 'By direction of the prest, you are hereby assigned, under and by virtue of your rank of brev. brig .- gen. of the army of the U. S., to the command of the third geographical or Pacific division, and will proceed by way of New Orleans, thence to Chagres, and across the isthmus of Panamá to Cal., and assume the command of the said division. You will establish your head- quarters either in Cal. or Or., and change them from time to time, as the exigencies of the public service may require. Besides the general duties of defending the territories of Cal. and Or., and of preserving peace and protect- ing the inhabitants from Indian depredations, you will carry out the orders and instructions contained in the letter from the department to Col R. B. Mason, a copy of which you are herewith furnished, and such other orders and instructions as you may receive from your govt.' H. Ex. Doc., 31, 1, no. 17, p. 264-5.

£2 Sherman in his Memoirs, 64, says: 'He possessed a strong native intel- lect, and far more knowledge of the principles of civil government and law than he got credit for; ' and ' he was the very embodiment of the principle of fidelity to the interests of the gen. govt.'

275

GOVERNOR RILEY.

On the 12th of April the transport ship Iowa landed at Monterey brevet Brigadier-general Bennett Riley,43 lieutenant-colonel 2d infantry, with his brigade.44 Riley had instructions from the secretary of war to assume the administration of civil affairs in California, not as a military governor, but as the executive of the existing civil government. According to contempo- rary accounts, he was a "grim old fellow," and a "fine free swearer." 45 According to his own statement he was not much acquainted with civil affairs, but knew how to obey orders. He also knew how to make others obey orders-except in California. Here his soldiers soon deserted,46 leaving him without the means of enforcing the laws. In this dilemma his good sense came to his aid, and on the 3d of June, having sent the steamer Edith to Mazatlan for the necessary intelligence, and learning that nothing had been done by congress toward the establishment of a territorial government, he issued a proclamation show- ing that he had lost no time in improving his knowl- edge of civil affairs. He endeavored to remove the prejudice against a military government by putting it out of sight; and proposed a scheme of civil gov- ernment, which he assured them should be temporary, but which while it existed must be recognized. The laws of California, not inconsistent with the laws, constitution, and treaties of the United States, he declared to be in force until changed by competent authority, which did not exist in a provisional legisla-

43 Larkin, Doc., MS., vi. 203; Ang. Arch., MS., iii. 245, 246, 272; H. Ex. Doc., 31, 1, no. 17, p. 873; Willey, Personal Memoranda, MS., 119; Hyde, Statement, MS., 12; Capran, Cal., 44; Tinkham, Hist. Stockton, 120; Hist. Los Angeles, 46; Sol. Co. Hist., 438; Sherman, Mem., i. 10.

" The brigade, 650 strong, was officered as follows: Lieut Hayden, com- manding officer of Co. H; Turner, surgeon; adjutant, Jones, com'd'g Cos. C and G; Lieut A. Sully, regimental quartermaster and commissary, com'd'g Co. K; Lieut Murray, Co. J; Lieut Schareman, Co. A; Lieut Jarvis, Co. B; 2d Lieut Hendershot, Co. F; 2d Lieut Johnson, Co. E; 2d Lieut Sweeny, Co. D. N. Y. Herald, Sept 19, 1848, in Niles' Rey., Ixxiv. 193.

"> Foster's Angeles in 1847, MS., 17-18. He had a defect in his speech, aud was 55 or 56 years old. Val., Doc., MS., 35, 116; S. D. Arch., MS., ii. 349; Neal, Vig. Com., MS., 23.

46 Crosby, Statement, MS., 30-2; Burnett, Recoll., 333-4.

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POLITICAL HISTORY.

ture. The situation of California was not identical with that of Oregon, which was without laws until a provisional government was formed; but was nearly identical with that of Louisiana, whose laws were recognized as valid until constitutionally repealed. He proposed to put in vigorous operation the existing laws as designed by the central government, but to give an American character to the administration by making the officers of the law elective instead of ap- pointive; and at the same time proposed a convention of delegates from every part of the territory to form a state constitution or territorial organization, to be ratified by the people and submitted to congress for approval. A complete set of Mexican officials was named in the proclamation, with the salaries of each and the duration of their term of office.

The first election was ordered for August 1st, when also delegates to the convention were to be elected. The officers chosen would serve until January 1, 1850 The convention would meet September 1st. A regu- lar annual election would be held in November, to choose members of the territorial assembly, and to fill the offices temporarily supplied by the election of August 1st. The territory was divided into ten dis- tricts for the election of thirty-seven delegates, ap- portioned as follows: San Diego two, Los Angeles four, Santa Bárbara two, San Luis Obispo two, Mon- terey five, San José five, San Francisco five, Sonoma four, Sacramento four, and San Joaquin four.47

Such was the result of Riley's civil studies.48 The people could not see, however, what constitutional power the president had to govern a territory by ap- pointing a military executive in time of peace, or any at all before the Mexican laws had been repealed; much less what right the secretary of war had to in-

47 Debates Constit. Cal., 3-5; Cronise, Nat. Wealth, 58-9; Hittell, S. F., 140-1; Larkin, Doc., MS., vii. 137; Val., Doc., MS., 35, 124; San Luis Ob. Arch., MS., sec. i .; Savage, Doc., MS., ii. 85; Ang. Arch., MS., iii. 249-66; Placer Times, June 23, 1849.

48 Gen. Riley publicly acknowledged the 'efficient aid ' rendered him by Capt. H. W. Halleck, his sect. of state.

277

LEGISLATIVE ASSEMBLY.

struct General Riley to act as civil governor. And perhaps their reasoning was as good as the general's, when he declared they had no right to legislate for themselves without the sanction of congress. This question had been argued at some length in the Alta California about the time of Riley's arrival by Peter H. Burnett, who had come down from Oregon with the gold-hunters from the north in 1848, and whose experience with the provisional government of the American community on the Columbia made him a sort of umpire.

On the day following the above proclamation the governor issued another, addressed to the people of San Francisco, which reached them on the 9th, in which he declared that "the body of men styling themselves the legislative assembly of San Francisco has usurped powers which are vested only in the con- gress of the United States." Both were printed in Spanish as well as English, for circulation among the inhabitants, and produced no small excitement, taken in connection with the arrival of the mail steamer on the 4th with the news of the failure of congress to provide a government, aggravated by the extension of the revenue laws over California and the appointment of a collector." Taxation without representation was not to be borne; and straightway a public meeting had been held, and an address prepared by a committee of the legislative assembly, of which Burnett was chair- man, protesting against the injustice. Among other things, it declared that "the legislative assembly of the district of San Francisco have believed it to be their duty to earnestly recommend to their fellow-

49 James Collier was appointed collector of customs and special depositary of moneys at S. F., in March 1849 He came overland, and did not arrive until late in the autumn. No moneys were ever deposited with him. The act mentioned established ports of delivery at San Diego and Monterey, and a port of entry at S. F. Niles' Reg., lxxv. 193; Cal. Statutes, 1850, app. 38; U. S. Acts and Res., 70-5, 107-8, 30th Cong., 21 Sess .; Hunt's Merch. Mag., xxiii. 663-5. King succeeded Collier in May 1851, at S. F., and did act as a depositary, the sums collected being deposited with himself. U. S. Sen. Doc., 99, vol. x., 32d Cong., Ist Sess. Major Snyder was appointed collector in 1853, and remained in office until 1662. Swasey's Remarks on Snyder, MS., 15-16.

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POLITICAL HISTORY.

citizens the propriety of electing twelve delegates from each district to attend a general convention to be held at the pueblo de San José on the third Monday of August next, for the purpose of organizing a govern- ment for the whole territory of California. We would recommend that the delegates be intrusted with large discretion to deliberate upon the best measures to be taken ; and to form, if they upon mature consideration should deem it advisable, a state constitution, to be submitted to the people for their ratification or rejec- tion by a direct vote at the polls. ... From the best information both parties in congress are anxious that this should be done; and there can exist no doubt of the fact that the present perplexing state of the ques- tion at Washington would insure the admission of California at once. We have the question to settle for ourselves; and the sooner we do it, the better." It so happened that this address, which had been sub- mitted to and adopted by the assembly previous to the promulgation of Riley's proclamation, was published in the Alta June 14th, five days after, making it ap- pear, but for the explanation given by the editor, like a carefully designed defiance of the authority of the governor.

Three days after the proclamation addressed to the people of San Francisco was received, a mass meeting in favor of a convention for forming a state constitu- tion was held in Portsmouth square, presided over by William M. Steuart. 50 Resolutions were passed de- claring the right of the people of the territory, the last congress having failed them, to organize for their own protection, and to elect delegates to a convention to form a state government, "that the great and grow- ing interests of California may be represented in the

50 The vice-prests were William D. M. Howard, E. H. Harrison, C. V. Gilles- pie, Robert A. Parker, Myron Norton, Francis J Lippett, J. H. Merrill, George Hyde, William Hooper, Hiram Grimes, John A. Patterson, C. H. Johnson, William H. Davis, Alfred Ellis, Edward Gilbert, and John Towns- end. The secretaries were E. Gould Buffum, J. R. Per Lee, and W. C. Parker.

279

MEETINGS AND MEASURES.

next congress of the United States." A committee was appointed to correspond with the other districts, and fix an early day for the election of delegates and for the convention, as also to determine the number of delegates, the committee consisting of P. H. Bur- nett, W. D. M. Howard, M. Norton, E. G. Buffum, and E. Gilbert. A motion to amend a resolution, by adopting the days appointed by the governor, was rejected. The meeting was addressed by Burnett, Thomas Butler King, congressman from Georgia and confidential agent of the government, William M. Gwin, a former congressman from Mississippi, and others. King had been sent out to work up the state movement,51 which he was doing in conjunction with the governor; and Gwin had come out on the same steamer to become a senator from California. He addressed the people of Sacramento, July 4th, and on the following day a mass meeting at Fowler's hotel, and resolutions passed to cooperate with San Francisco and the other districts in forming a civil government.52 At a meeting held July 4th at Mor- mon Island, W. C. Bigelow in the chair,53 and James Queen secretary, resolutions were adopted declaring that in consequence of the failure of congress to pro- vide a government, the separation of this country from the mother country has been loudly talked of; but pledging themselves "to discountenance every effort at separation, or any movement that may tend to counteract the action of the general government in regard to California." Also that believing slavery to be injurious, they would do everything in their

51 Buffum, Six Months, 118; H Ex. Doc., 31, 1, no. 17, p. 9-11.

52 Gwin, Memoirs, MS., 5. M. M. McCarver, the 'old brass gun' of the Oregon legislature, presided at this meeting. George Mckinstry was sec. C. E. Pickett, Chapman, and Carpenter constituted a committee to draught res- olutions. A com. of 12 was appointed to organize the district into precincts, and apportion the representatives, and to nominate candidates. Correspond- ing com. appointed. Committee of 12 was composed of P. B. Cornwall, Car- penter, Blackburn, J. R. Robb, Mark Stewart, John Fowler, C. E. Pickett, Sam. Brannan, John McDougal, Samuel Housley, M. T. Mcclellan, and Col Winn.

53 Placer Times, July 9, 1849,

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POLITICAL HISTORY.

power to prevent its extension to this country. Taking alarm at some of these proceedings, Riley gave utter- ance to his views in the Alta, declaring that instruc- tions received since his proclamations fully confirmed the policy there set forth, and that it was distinctly said that "the plan of establishing an independent government in California cannot be sanctioned, no matter from what source it may come." The phrase 'independent government' drew forth a reply from Burnett disclaiming any design on the part of the agitators of a civil organization to erect a government not dependent on the United States, and repelling as a libel the insinuation contained in the governor's communication that the people of San Francisco had ever contemplated becoming "the sport and play of the great powers of the world," which they would be should they attempt a separate existence. The Alta also denied the charge in a subsequent issue; and the committee of which Burnett was chairman having published a notice making the day of election and convention conformable to the governor's appoint- ments, while asserting their perfect right to do other- wise, there was a lull in the political breeze for the intervening period.54

In the mean time San Francisco had received a post- master, John W. Geary,55 who in spite of the preju-

54 Alta Cal., July 12 and 19, 1849; Capron, 43-4; U. S. H. Misc. Doc., 44, i., p. 5-9, 31st cong., Ist sess. At a mass meeting in Sac., that district was declared entitled to 10 delegates. Placer Times (Sac.), July 14, 1849.

55 Unbound Docs., MS., 58. John W. Geary was born in Westmoreland co., Pa, in 1820. He had been col of a reg. from his state in the Mexican war, and fought at the battles of La Hoya, Chapultepec, Garita de Belen, and city of Mexico. His duties as alcalde were those of mayor, sheriff, probate and police judge, recorder, coroner, and notary public. After the appoint- ment of W. B. Almond, a man of fair legal attainments from Missouri, who was at his request made judge of first instance, with civil jurisdiction, his duties were less complex. Geary was reelected in 1850, with only 12 votes against him in 4,000. He was a 'splendid-looking man, cordial and affable.' He returned to Pa in 1852, and was appointed governor of Kansas. He served in the civil war as col of the 28th regt Pa vols. His death occurred at Har- risburg, Feb. 8, 1873. An. of S. F., 718-34; Sac. Record, Feb. 10, 1873; Oak- land Gazette, Feb. 15, 1873; Nevada Transcript, Feb. 11, 1873; Oakland Transcript, Feb. 9, 1873; Folsom Telegraph, Apr. 4, 1868; Alpine Silver Moun- tain Chronicle, Feb. 15, 1873; Albany Register, Feb. 14, 1873; Hittell, S. F., 139; Alta California, Jan. 9, 1866, and Feb. 9, 1873; Upham, Rem. of Pioneer

281

GEARY AND KING

dice at once manifested against imported officials, achieved a popularity which obtained for him the office of first alcalde, or judge of the first instance, at the election, and which kept him in office after a change of government had been effected.56

In July, T. Butler King, in his character of confi- dential agent of the government, paid a visit to the mining districts. He travelled in state, accompanied by General Smith and staff, Commodore Jones and staff, Dr Tyson, geologist, and a cavalry detachment under Lieutenant Stoneman, who afterward became a general.57 He made an extended tour, and a report in

Journalism, in Advertiser's Guide, 105, Dec. 1876; S. F. v8 U. S., 1854, docs. 22, 23; S. F. Call, Nov. 9, 1884; Pierce's Rough Sketch, MS., 188-9; Auburn Placer Argus, Feb. 15, 1873; S. F. Elevator, Feb. 15, 1873.

b6 I find the following officers under military govt in 1848-9, mentioned in Unbound Docs., MS., 319-40. James W. Weeks, K. H. Dimmick, alcaldes, San José; Estevan Addison, alcalde, Sta Bárbara; Isaac Callahan, alcalde, Los Angeles, 1848. In 1849, William Myers, alcalde; and Albert G. Toomes and David Plemmons, judges in the upper north California district; John T. Richardson, alcalde, San José; Stephen Cooper, Benicia; Dennis Gahagan, alcalde, San Diego; J. L. Majors, subprefect at Santa Cruz; Miguel Avila, al- calde, San Luis Obispo; R. M. May, alcalde, San José; A. M. White, alcalde, Mercedes River; G. D. Dickerson, prefect of the district of San Joaquin; Charles P. Wilkins, prefect of Sonoma; W. B. Almond, alcalde, S. F. (asso- ciate of Geary), Horace Hawes, prefect of S. F. district; Pacificus Ord, judge of supreme tribunal; Lewis Dent, ditto; John E. Townes, high-sheriff of S. F. district; Edward H. Harrison, collector at S. F .; Rodman M. Price, purser and navy agent, and chairman of town council committee; Philip A. Roach, in his Facts on Cal., MS., 7-8, mentions being elected to the offices of Ist alcalde and recorder of Monterey, in Oct. 1849. From other docs .- Ignacio Ezquer, Ist alcalde, Monterey; Jacinto Rodriguez, 2d alcalde, Monterey; José María Covarrubias and Augustin Janssen, jueces de paz; Antonio María Pico, prefect of northern Cal. district; N. B. Smith and Wellner, subprefects.

51 Crosby gives quite a particular account of this official 'progress ' through the country. King, he says, nearly lost his life by it, through his inability to adapt himself to the customs of border life. 'He would rise in the morn- ing after the sun was well up, and after making an elaborate toilet, having his boots blacked, and dressing as if going to the senate-chamber, would then take breakfast, and by the time he was ready to start, it would be 8 or 9 o'clock, the sun would be hot, and the marches made in the worst part of the day .... Gen. Smith said to him: "Not only you, but all the rest of the party, are rendering yourselves liable to fever and sickness .... We ought to go in the early morning, and lie by in the middle of the day." But King would not agree to this. I felt premonitions of a fever coming on, and took my leave of the party, and made my way to Sutter's Fort, and was laid up three or four weeks with a fever. The party went down to the South Fork, and then over to the Mokelumne, to the southern mines. King brought up at S. F., and came near losing his life with a fever.' Events in Cal., MS., 29-30; Letter of Lieut Cadwalder Ringgold, in H. Ex. Doc., 31, 1, no. 17, pp. 954-5; Placer Times, July 14 and Aug. 1, 1849.

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POLITICAL HISTORY

which he gave a very flattering account of the mines, and reiterated what the reader already knows concern- ing the people-their anxiety for a government which they could recognize, and its causes; namely, igno- rance of Mexican laws, and their oppressive nature when understood; the absence of any legal system of taxation to provide the means of supporting a govern- ment; the imposition of import duties by the United States, without representation; and the uncertainty of titles, with other things of less importance.

After reporting the action of the people in their efforts to correct some of these evils, and that they had resolved upon the immediate formation of a state government, he further remarked that "they consid- ered they had a right to decide, so far as they were concerned, the question of slavery, and believed that in their decision they would be sanctioned by all par- ties." King declared that he had no secret instruc- tions, verbal or written, on the subject of slavery; "nor was it ever hinted or intimated to me that I was expected to attempt to influence their action in the slightest degree on that subject." "In the elec- tion of delegates," he said, "no questions were asked about a candidate's politics; the object was to find competent men." But of the thirty-seven delegates, sixteen were from the slave-holding states, ten from the free states, and eleven were native citizens of California, all but one of whom came from districts south of the Missouri compromise line of 36° 30'. The convention therefore would have a presumptive majority of twenty-seven leaning toward the south.58 This was not the actual proportion after the election, forty-eight members being chosen, the additional dele- gates being from the mining districts and San Fran- cisco, where the population was greatest. Twenty-two were then from the northern states, fifteen from the slave states, seven native Californians, and four for- eign born.

58 King's rept, in H. Ex. Doc., 31, 1, no. 59, pp. 1-6; Green's Life and Adv., 21.

283

POPULAR IDEAS.

King was one of those anomalous individuals-a northern man with a southerner's views. Born and reared in Pennsylvania, he went early in life to Georgia, and marrying a woman of that state, be- came infected with the state-rights doctrine, and in 1838 was elected to congress as its representative. As a whig he supported Harrison and Tyler in 1840, and Taylor and Fillmore in 1848, and advocated lead- ing whig measures. But the virus of slavery with which he was inoculated developed itself later in secession, which made an end of all his greatness. While laboring to bring California into the union, he had in view the division of the territory by congress, and that all south of 36° 30' should be devoted to slavery. This was to be the price of the admission of California, or any part of it. Under this belief he was willing to be and was useful to the people of California in their efforts to obtain a civil govern- ment. The administration paid him well for his ser- vices, and rewarded him with the office of collector of customs. If the people would willingly have had no more of him they had their reasons.59

59 King made an ass of himself, generally. Crane relates with much gusto the following as illustrative of King's character. When the custom-house was burned in the great fire of 1861, King had occasion to remove the treas- ure from a vault in the ruins to the corner of Washington and Kearny streets, and assembled his force of employés to act as guard. They came together, armed with cutlasses, pistols, etc., and a cart being loaded, formed a line, himself at the head, leading off with a sword in one hand and a pistol in the other. In this manner several cart-loads were escorted to the place of deposit. When the last train was en route, some wags induced the waiters of a public eating-house to charge upon it with knives, when some of the guard ran away, King, however, holding his ground. Past, Present, and Future, MS., 12. Some one had a caricature of the proceedings lithographed, and entitled ' Ye King and ye Commones, or ye Manners and Customes of California-a new farce lately enacted in May 28, 1831.' S. F. Alta, May 29, 30, 1851. Gwin attacked Taylor's administration for the expense of King's mission, say- ing he had at his disposal the army, navy, and treasury. There was much truth in the declaration. His pay was $8 per diem; he was drawing pay as a member of congress, although he subsequently resigned, and the officers of the army and navy were enjoined to 'in all matters aid and assist him in carrying out the views of the government,' and 'be guided by his advice and council in the conduct of all proper measures within the scope of those [his] instructions.' But the government had a right to employ all its means for an object. H. Ex. Doc., 31, 1, no. 17, p. 146; Cong. Globe, IS51-2; App, 534-6. King went with the southern states when they seceded, and was sent as a commissioner to Europe. He died at his home in Georgia May 10, 1864. S. F. Call, June 20, 1864.

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History of California, Volume VI, Part 31

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