History of California, Volume VI, Part 34

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

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Large assemblages were held in Sacramento of the no-party politicians, the object of which was to select and present candidates for election to both houses of the legislature, and also to obtain the United States senatorship for some man of that district.90 The can-

87 Rather at a loss to some of the most active of the prefects and sub- prefects whose duty it was to disseminate the political news. Crosby says he spent about $1,400 for which he was never reimbursed. Events in Cal., MS., 56; Fernandez, Doc., 4; Ang. Arch., iii. 277-8; Taylor, Eldorado, i. 159-60.

88 O). P. Sutton, McMillan, Thos J. Agnew, John McVickar, W. H. Jones, E. V. Joyce, and Annis Merrill acted as vice-presidents; J. Ross Browne, Joseph T. Downey, Daniel Cronin, and John H. McGlynn as secretaries. Oakland Transcript, March 5, 1873; Solano Vallejo Democrat, Feb. 11, 1871; Upham, Notes, 26, 25.

89 Geary, Van Voorhies, and Sutton were opposed to King. Sutton, State- ment, MS., 9. 'St Chupostom,' in Placer Times, Nov. 17, 1849, condemns the formation of parties, and says King 'ought to have sense enough not to set the ball rolling.' Polynesian, vi. 98.

9ª A mass meeting for these purposes in Sac. was held on the 29th of Oct.

305

ASPIRANTS FOR OFFICE.

didates in the field for the executive office were Peter H. Burnett, William M. Steuart, John W. Geary, John A. Sutter, and Winfield S. Sherwood. Burnett was superior judge at the time, having been appointed by Governor Riley to that position on the 13th of August. He was in Monterey during the session of the constitutional convention, and being satisfied that it would go before the people and be adopted, an- nounced himself a candidate in September, and re- turned to San José before the close of the proceedings to commence a canvass. Sherwood91 proposed that Burnett and himself should submit their claims to a committee of mutual friends, who should decide which should withdraw; but this Burnett declined. The election showed that he knew his strength, the vote standing: Burnett, 6,716; Sherwood, 3,188; Sutter, 2,201; Geary, 1,475; Steuart, 619. The office of lieutenant-governor was sought by John McDougal and A. M. Winn, the former being elected.

The 13th of November, the day appointed for the election, was one of storm, and the vote in consequence was light. The population of California at this period was estimated at 107,000; the number of Americans in the country 76,000; of foreigners 18,000; of natives 13,000. The whole vote polled was 12,064 for and 811 against the constitution ; or the vote of about one sixth of the American inhabitants. It was a satis-

in front of the City hotel; S. C. Hastings, prest; Albert Priest, vice-prest; W. R. Grimshaw, sec .; W. M. Steuart, John McDougal, E. Gilbert, J. R. Snyder, W. S. Sherwood, P. A. Morse, G. B. Tingley, Edward J. C. Kewen. The meeting adjourned to the 30th, when it put in nomination for state sena- tors John Bidwell, E. O. Crosby, Henry E. Robinson, and Thos J. Green; and for the assembly Thos J. White, John F. Williams, R. Gale, E. W. Mc- Kinstry, P. B. Cornwall, George B. Tingley, John Bigler, J. P. Long, and John T. Hughes. The meeting divided and another nominating committee reported another ticket, which was adopted. For state senators, Bidwell, Robinson, Crosby, and Harding Bigelow. For assemblymen, Cardwell, Cornwall, Fowler, Ford, Walthal, W. B. Dickinson, James Green, T. M. Ames, and A. K. Berry. Placer Times, Nov. 3 and Dec. 1, 1849.

91 Sherwood was a native of Washington co., N. Y. He had served in the N. Y. legislature, and although awkward in appearance was possessed of good acquirements and ready wit. He was still a young man. In 1852 he was a democratic presidential elector. S. F. Alta, July 24, 1852; Havilah, Courier, Jan. 12, 1867; Tinkham, Hist. Stockton, 124.

HIST. CAL., VOL. VI. 20

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POLITICAL HISTORY.

factory majority of those who took enough interest in the future of the country to go to the polls. Edward Gilbert and George W. Wright were elected repre- sentatives in congress. State senators and represent- atives were also elected.

The schedule to the constitution provided that if the instrument should be ratified, the legislature should meet on the 15th of December, elect a presi- dent pro tempore, proceed to complete the organization of that body, and to install all the officers of state as soon as practicable. Three days previous to the meeting of the legislature, Governor Riley had issued a proclamation declaring the constitution submitted to the people in November to be "ordained and estab- lished as the constitution of the state of California." On the 20th Burnett was installed governor, General Riley having by proclamation laid down that office on the same day,32 together with that of his secretary of state, Halleck. The civil appointments made under him expired gradually, as the state government came into action in all its branches. 93

The services of General Riley to California were of the highest value, combining, as he did, in his admin- istration the firmness of a military dictatorship, with a statesmanlike tact in leading the people to the results aimed at by them, and in a manner to correct any leaning toward independence, but uniting them firmly with the general government by showing them their dependence upon it. He continued to reside at Monterey until July 1850, when he returned to the

92 Supp. Pacific News, Dec. 27, 1849; Wilmington Journal, May 27, 1865. Peter Italstead, 'the erratic and talented son of a distinguished father,' was a candidate for congressman on the whig side of politics. He was from New Jersey, and died in New York subsequently, being assassinated in a house of ill-fame. Gwin, Mem., MS., 129.

93 The several proclamations are given entire in Burnett, Recoll., 359-60; Pico, Doc., i. 228; San Luis Ob., Arch., sec. 19; Hall, Hist. San José, 218; Hittell, S. F., 145-6. A thanksgiving proclamation was issued by Gov. Riley, setting apart the 29th day of Nov. to be kept in making a general and public acknowledgment of gratitude to the Supreme Ruler of the universe for his kind and fostering care during the year that was past. H. Ex. Doc. 31, i. no. 17, p. 867; Pico, Doc., i. 198; Ang. Arch., iii. 281; San José Pioneer, June 23, 1877.

307

PRESENTATION AND BANQUET.

states, bearing with him tangible proofs of the esteen in which he was held by the citizens of that town, ill the form of a massive gold medal, and a heavy chain composed of nuggets of gold in their native shapes.94 Thus ended with a banquet and a presentation one of the most important periods through which the Cali- fornia country was to pass.

94 These gifts were presented on the occasion of a farewell banquet given to General Riley at the Pacific house at Monterey, where 200 covers were laid, and the ceremonies were in an imposing style. Gen. T. H. Bowen pre- sided. The city of Monterey voted him a medal of gold weighing one pound, which was presented to him by Maj. P. A. Roach. It cost $600. On one side it bore the arms of the city; on the other, this legend: "The man who came to do his duty, and who accomplished his purpose.' Id., April 20, 1878. Canta Cruz Sentinel, July 23, 1870; Quigley, Irish Race, 343. Some citizens of S. F. had previously presented him with a gold snuff-box. Pacific News, dan. 1, 1850.

CHAPTER XIII.

POLITICAL HISTORY.

1849-1850.

THE FIRST LEGISLATURE-QUESTION OF STATE CAPITAL-MEETING OF THE LEGISLATURE AT SAN JOSÉ-ORGANIZATION AND ACTS-PERSONNEL OF THE BODY-STATE OFFICERS -- FURTHER STATE CAPITAL SCHEMES-CALI- FORNIA IN CONGRESS-IMPENDING ISSUES -- SLAVERY OR NO SLAVERY- ADMISSION INTO THE UNION-CALIFORNIA REJOICES.

THE first legislature of the state of California con- sisted of sixteen senators and thirty-six assemblymen. The rainy season which had set in on the 28th of Oc- tober, 1849, was at its height by the middle of Decem- ber, and did not close until the 22d of March, during which period thirty-six inches of water fell upon the thirsty earth.1 The roads were rendered nearly im- passable, and the means of travel, otherwise than on horseback, being limited, it was with difficulty that the members made their way to San José from their different districts, no quorum being present on the first and second days.

The people of San José had sent as commissioners Charles White and James F. Reed to Monterey, dur- ing the session of the constitutional convention, to endeavor to secure the location of the capital at their town. They were compelled to pledge themselves to provide a suitable building for the meetings of the first legislature, upon the chance that the capital might be fixed there. The legislative building furnished was

1 Dr Logan, at Sac., kept a rain-gauge, from which the fall for the season was taken.

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309

THE FIRST LEGISLATURE.

an unfinished box, sixty feet long and forty feet wide, two stories in height, having a piazza in front. The upper story, devoted to the use of the assembly, was simply one large room, approached by a flight of stairs from the senate-chamber, a hall forty by twenty feet on the ground-floor; the remainder of the space being occupied by the rooms of the secretary of state, and various committees.2 For the first few weeks, owing to the incompleteness of their hall, the senators held their meetings in the house of Isaac Branham, on the south-west corner of the plaza.

The crudity of the arrangements occasioned much dissatisfaction, and on the 19th a bill to immediately remove the capital to Monterey passed its first read- ing, but was laid over, and the business of the session allowed to proceed.3 The senate was organized on the

2 This house was destroyed by fire April 29, 1853. S. F. Argonaut, Dec. 1, 1877.

3 There being no county organizations, the members of the legislature were elected by districts. San Diego district sent to the senate E. Kirby Chamber- lain; San Joaquin, D. F. Douglas, B. S. Lippincott, T. L. Vermeule, Nelson Taylor, and W. D. Fair; San José, W. R. Bassham; Sonoma, M. G. Vallejo; Monterey, Selim E. Woodworth; Santa Barbara, Pablo de la Guerra; Los Angeles, A. W. Hope; Sac., E. O. Crosby, John Bidwell, H. E. Robinson, and Thomas Jefferson Green; S. F., N. Bennett, G. B. Post, D. C. Broderick. Post resigned, and E. Hydenfeldt was elected to fill his place. Broderick was not elected until Jan. 1850. Six of the senators were from New York state; namely, John Bidwell, born 1819, immigrated to Pa, Ohio, Mo., and theuce in 1841 to California; E. O. Crosby, aged 34, came to Cal. in 1848; D. C. Broderick, born in D. C., but brought up in New York, came to Cal. in 1849; B. S. Lippincott, aged 34, born in New York, came out with N. Y. Vol. from New Jersey; Thomas L. Vermeule, born in New York in 1814, came to Cal. in Nov. 1849; he resigned his seat; S. E. Woodworth, born in New York in 1815, began life as a sailor in 1832, entered the navy in 1838, came to Cal. overland through Or. in 1846, resigned his commission in Oct. 1849, and was elected senator for two years in Nov. He was a son of the author of the ' Old Oaken Bucket.' Connecticut furnished 2 senators: E. K. Chamberlain, born 1805, removed to New York in 1815, to Pa in 1829, to Cincinnati subsequently, where he studied medicine, served during the Mexi- can war as army surgeon, and accompanied the Boundary Line Commission to Cal. in 1849; C. Robinson, born in Conn., removed at an early age to La, studied law, but engaged in mercantile pursuits, and came to Cal. on the first mail steamer in Feb. 1849. Cal. furnished 2 senators: Pablo de la Guerra, born at Santa Bárbara in 1829. He entered the public service at the age of 19, being appointed administrator-gen., which position he held until 1846. M. G. Vallejo was born at Monterey in 1807. In 1824 he commenced his military career as a cadet, and served as lieut, lieut-col, and commander of northern Cal. He founded the town of Sonoma. E. Heydenfeldt was born in S. C. in 1821, removed to Alabama in 1841, to La in 1844, and to Cal. in 1849. D. F. Douglas was born in Tenn. in 1821, removed to Ark. in 1836. Three years afterward he fought a duel with Dr William Howell, killing his

310

POLITICAL HISTORY

17th, E. Kirby Chamberlain being elected president pro tem. On the same day the assembly elected Thomas J. White speaker.4 On the 20th the governor and lieutenant-governor were sworn in by Kimble H. Dimmick, judge of the court of first instance of San José. Immediately thereafter the legislature in con- vention proceeded to the election of United States antagonist. He was imprisoned over a year, and when liberated returned to Tenn., but afterward removed to Miss. and engaged in Choctaw speculation, moved with these Indians as their commissary, but finally lost money, and went to N. O., where he was clerk to a firm; from N. O. he went to Texas in the winter of 1845-6, and in Mex. war joined Hay's regiment. From Mex. he came to Cal. in 1848. W. D. Fair was born in Va, and came to Cal. via Rio Grande and Gila route in 1846 from Miss., as president of the Mississippi Rangers.

4 The assemblymen came from the several districts as follows: San Diego, O. S. Witherby; Los Angeles, M. Martin, A. P. Crittenden; Santa Bárbara, J. Scott, J. M. Covarrubias; San Luis Obispo, H. A. Tefft; Monterey, T. R. Per Lee, J. S. Gray; San José, Joseph Aram, Benjamin Cory, Elam Brown; S. F., W. Van Voorhies, Edmund Randolph, J. H. Watson, Alexander Pat- terson, Alfred Wheeler, L. Stowell, and Clarke; Sonoma, J. E. Brackett, J. S. Bradford; Sac., P. B. Cornwall, H. C. Cardwell, John T. Hughes, E. W. Mckinstry, J. Bigler, George B. Tingley, Madison Walthall, Thomas J. White, John F. Williams; San Joaquin, B. F. Moore, R. W. Heath, D. P. Baldwin, Charles M. Creaner, J. S. K. Ogier, James C. Moorehead, J. F. Stephens, Van Beascheten, Crane, and Stewart, 4 of these being substitutes for members who resigned during the session. Those who resigned were Martin, Van Voorhies, Cornwall, and speaker White. Joseph Aram was a na- tive of N. Y., who came to Cal. in 1846. Elam Brown, born in N. Y. in 1797, removed to Mo., and from there to Cal. in 1846. E. B. Bateman immigrated from Mo. in 1847, to Stockton, Cal. D. P. Baldwin, born in Ala, came to Cal. in May 1849, and resided at Sonora, in what is now Tuolumne co. A. P. Crittenden, born in Lexington, Ky, married in Va, settled in Texas in 1839, left his family in Tex. and came to Los Angeles, Cal., in 1849. B. Cory, born in Ohio in 1825, came to Cal. in 1847, and resided at San José. José M. Covarrubias, born in France, came to Cal. in 1834, and resided at Sta Bárbara. James A. Gray, born in Phil., came to Cal. in 1846, in N. Y. regt. John F. Hughes, born in Louisville, Ky, came to Cal. in 1849. Thomas J. Henly, born in Ind., came to Cal. in 1849, through the South Pass; resided at Sac. Joseph C. Moorehead, born in Ky, came to Cal. in 1846. Elisha W. Mckinstry, born in Detroit, Mich., came to Cal. in 1849; resided at Sut- ter. J. S. K. Ogier, born in S. C., removed to N. O., and thence to Cal. in 1848. Edmund Randolph, born in Va, migrated via N. O. to S. F. in 1849. Geo. B. Tingley, born in 1815, in Ohio, came to Cal. in 1849. John Cave, born in Ky. Alfred Wheeler, born in N. Y. city, in 1820, came to Cal. in 1849; resided at S. F. Marin Co. Hist., 210-12; Colusa Sun, in Southern Califor- min, May 22, 1873; Anthropographic Chart, 1867; Cal. State Register, 1857. The secretary of the senate was J. F. Howe; asst sec., W. B. Olds; enrolling clerk, A. W. Lockett; engrossing clerk, B. Dexter-resigned April 10, 1850- succeeded by F. T. Eldridge; sergt-at-arms, T. J. Austin; door-keeper, E. Russell. The clerk of the assembly was E. H. Thorp, who, being elected clerk of the supreme court Feb. 21st, was succeeded by John Nugent; asst clerk, F. H. Sandford; enrolling clerk, A. D. Ohr, appointed asst clerk, and Sandford enrolling clerk in Jan. Engrossing clerk, C. Mitchell; transcribing clerk elected in Jan., G. O. McMullin; sergt-at-arms, S. W. Houston; door- keeper, J. H. Warrington. Hayes' Scraps, Cal. Notes, iii. 198.

311

ELECTION OF SENATORS.

senators, this being the object of the so early meeting of that body, the candidates being upon the ground, plying their trade of blandishments, including an inex- haustible supply of free liquor.5

Of candidates there were several, Thomas Butler King, John C. Fremont, William M. Gwin, Thomas J. Henley, John W. Geary, Robert Semple, and H. W. Halleck. On the first count Frémont received twenty-nine out of forty-six votes, and was declared elected. On the second count Gwin received twenty- two out of forty-seven votes, increased to twenty-four at the third count, and he was declared elected. Hal- leck ran next best; then Henley. King received ten votes on the first count, the number declining to two, and at last to one.6 Charges were preferred against him, and he was not wanted because he was thought not to be so much interested in California as in his own personal aggrandizement. Frémont enjoyed the popularity which came from his connection with the conquest, and his subsequent trial in Washington, in which he had the sympathies of the people. Gwin

5 It has always been alleged that the American-Californians of an early period drank freely, and this body has been styled the 'legislature of a thou- sand drinks.' However this may have been, it was the best legislature Cali- fornia ever had. For what they drank, the members returned thanks. All were honest-there was nothing to steal. Their pay was no inducement, as they could make thrice as much elsewhere. Furthermore, this was before Californians began to sell themselves as political prostitutes. In Currey's In- cidents, 7, 1 find it stated that the first legislature was chiefly made up of the 'chivalry,' who were aggressive, and so on, but the evidence is the other way. I should say that chiefly they were hard-working men. The candidates for the U. S. senatorship kept 'ranchos,' as they were termed, or open houses, where all might enter, drink freely, and wish their entertainer's election. But the legislature of a thousand drinks received its designation, not on account of this prodigal custom, but through the facetiousness of Green of Sac., who, for lobbying purposes, kept a supply of liquors near the state-house, and whenever the legislature adjourned, he cried to the members, 'Come let us take a thousand drinks.' Crosby says: 'There were a few roistering men in the legislature, more in the assembly, the senate being a small body, and composed of very circumspect gentlemen.' Early Events, 61-2; Fernandez, Cal .. MS., 165; Watsonville Pájaro Times, April 29, 1865; Owen, Sta Clara Valley, 10; Hayes' Scraps, Cal. Notes, v. 30; Sac. Record Union, March 27, 1875; Hall, San Jose Hist., 220; Peckham, Bioy., in San Jose Pioneer, July 28, 1877, 30.

6 Jour. Cal. Leg., 1850, 23-26; Petaluma Argus, Sept. 12, 1873; Polynesian, vi. 150; Amer. Quart. Reg., iv. 515; Sup. S. F. Pac. News, Dec. 27, 1849; Tuthill, Cal., 76-7; Cal. Jour. Sen., 1850, 38-9; Id., 1851, 19-21.

312

POLITICAL HISTORY.

was no less selfish in his aspirations than King; but there was this difference: he was an abler man, cooler and more crafty. Furthermore, while King cared only for himself and for the present, Gwin's selfishness was less proximate and prominent. He had a distinct object in view, which concerned the future of the coun- try. His sympathy with the fire-eaters of the south was well understood, and more than anything else elected him; for in the then existing struggle between the north and south in congress, the northern men in the legislature saw that to elect two senators with anti-slavery sentiments would prevent the admission of the state. Conceding that honesty was his best policy, his fitness for the position was admitted, while his personal interests, it was believed, would lead him to labor for the good of California.

On the 21st Governor Burnett delivered his inaugu- ral message to the legislature. "The first question you have to determine," said he, "is whether you will proceed at once with the general business of legisla- tion, or await the action of congress upon the question of our admission into the union." Upon this he made an argument which was conclusive of their right to proceed; made some comments on the science of law; cautioned them concerning the "grave and deli- cate subject of revenue," informing them that the ex- penses of the state government for the first year would probably exceed half a million dollars; recommended a direct tax, to be received in California gold at six- teen dollars per ounce; advised the exclusion of free negroes from the state; and made suggestions touch- ing the judiciary. It is a verbose document, charac- terized by no special ability. The exclusion of free negroes was always a hobby of Burnett's. When he revised the Oregon fundamental laws in 1844, he introduced the same measure against negroes, which was finally incorporated in the constitution of that state, where it remains to this day, a dead letter. The negro had never so great an enemy as his former

313

GOVERNOR BURNETT.

master, with whom there was no compromise, it was master or nothing. Burnett had been brought up in a slave state, and although he had resigned the privi- leges of master, he could not brook the presence of the enslaved race in the character of freedmen. Then, too, if to exclude black slaves was a popular measure, to exclude black freemen must be more popular, and popularity was by no means to be ignored. There was a good deal of apprehension among men of Bur- nett's class, who were alarmed at the rumor that many southern men designed bringing their slaves to work in the mines, taking the risk of their becoming free. In point of fact, a good many persons of the African race were brought to California in 1849 and 1850, who being thus made free, asserted their rights and remained free, often acquiring comfortable fortunes and becoming useful citizens. As soon as it became established by experience that slavery could not exist in California, even for a short time, the importation of negroes ceased, and there was no need of a law for their exclusion, and the preservation of society from the evils apprehended from their presence. But the effort to maintain the right of the master to the slave?

" An advertisement appeared in the Jackson Mississippian, of April 1, 1850, headed, 'California, the Southern Slave Colony,' inviting citizens of the slave- holding states wishing to go to Cal. to send their names, number of slaves, period of contemplated departure, etc., to the Southern Slave Colony, Jack- son, Miss. It was stated that the design of the friends of the enterprise was to settle in the richest mining and agricultural portions of Cal., and 'to se- cure the uninterrupted enjoyment of slave property.' The colony was to comprise about 5,000 white persons, and 10,000 slaves. The manner of effect- ing the organization was to be privately imparted. Placer Times, May 1, 1850. Under the influence of the governor's message, and their apprehensions, the assembly passed a bill excluding free negroes, which was indefinitely post- poned in the senate. Jour. Cal. Leg., 1850, 1232-3, 347. On the 23d of May a colored man named Lawrence was married to a colored woman, Margaret, hired out to service by a white man named William Marr, who claimed her as his slave. Early on the following morning Marr forced the woman, by threats, and showing a pistol, to leave her husband and go with him. He afterward offered to resign her on payment of $1,000. Placer Times, May 27, 1850. A white man named Best brought a colored woman, Mary, to Nevada, Cal., in 1850, from Mo. He was a cruel master, but she remained with him until he returned in 1854, when she borrowed money to purchase her freedom. Soon after she married Harry Dorsey, a colored man, and live l happily with him until her death in 1864. Nevada Gazette, Sept. 3, 1854. Charles, a colored man, came to Cal. as the slave of Lindal Hayes. He escaped, and was brought before Judge Thomas on a writ of habeas corpus, and discharged,

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POLITICAL HISTORY.

was not relinquished for a number of years, as will be seen hereafter.

On the 22d and succeeding days contributions were made to a state library of the Natural History of the State of New York, and reports upon the common schools and agriculture of that state, Dana's Mineral- ogy, Fremont's Geographical Memoir and Map, the Mier Expedition, and a copy of the Bible. If any of the members found time to look between the covers of these improving books, it does not appear in the jour- nals.

An election of state officers resulted in making Richard Roman, treasurer; John S. Houston, comp- troller; Edward J. C. Kewen, attorney-general;8 and Charles A. Whiting, surveyor-general. S. C. Has- tings was elected chief justice of the supreme court, and Henry A. Lyons and Nathaniel Bennett associ- ate judges. There was not so much as a quire of writing paper, an inkstand, or a pen belonging to the state, nor any funds with which to purchase them. No contract had been made for printing, and each sena-

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History of California, Volume VI, Part 34

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