History of California, Volume VI, Part 36

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

USA > California > History of California, Volume VI > Part 36

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

That money was used freely to corrupt members of the legislature while the seat of government was for sale, no one has ever pretended to doubt.22 If the practice which has prevailed down to the present time, of buying and selling votes, could be said to have originated in the race for the capital, it is to be regretted that the constitution and first legislature left the subject open to this species of patriotism.

In February 1850, the governor laid before the assembly an address from the citizens of the "State of Deseret," presented by John Wilson and Amasa Lyman, delegates, asking that a new convention be held, to allow the people of California to vote upon the proposition of uniting Deseret and California tempo- rarily in one state. The reason given for this request was that when the men of Deseret formed the consti- tution of their state, they neglected to exclude slavery, which now they perceived, in order to relieve congress of the existing conflict, they should have done. The true reason appeared to be, however, the desire to se- cure the privileges of state government without a sufficient population, and peradventure to prevent California being first admitted, with the boundary as

21 Soulé, Statement, MS., 4; Santa Clara News, Nov. 7, 1867; Placer Times, Jan. 15, 1852; Cal. Statutes, 1853, 217; Cal. Jour. Sen., 1854, 574, 603, 601; Cal. Code, 1854, 45; Alta Cal., May 27, 1854; Sac. Union, Nov. 13, 1854.

22 A writer in the S. F. Post, April 14, 1877, says that he was told by a shrewd and wily politician that to secure the passage of the bill removing the capital to Sac., he paid $10,000 in gold to the reigning king of the lobby, with which to purchase the votes of ten senators, and that the money was paid over for that purpose, and secured the measure. Though many of our patriots who go to Sacramento to make laws can be bought for $200 or $300, as high as $50,000 has been paid for a single vote.

326

POLITICAL HISTORY.

chosen by her, which cut them off from a sea-port accessible during the winter season; their constitution taking in San Diego and a "very small portion of the coast. ">23 The governor, in his message accompanying the address, and both branches of the legislature, de- clined to consider the proposal.

With regard to the public domain and mineral lands, two reports were presented by the committee on these subjects. The majority report presented the follow- ing views: that the mineral wealth of California had cost the United States too much to justify its unre- stricted diffusion among foreigners; that permitting persons from South America to work their peons in the mines was giving them an advantage over citizens of the United States, who were prohibited from bring- ing their slaves to California for the same purpose; that the presence of so large a foreign population as was crowding into the mines was dangerous to the peace of the country, tending toward collisions, some of which had already occurred; that the morals of the young men flocking here from the states were jeopar- dized by enforced contact with the convict class which the mines were drawing from Australia; in short, that the mines of California should be reserved for her own citizens, and that congress be asked to pass laws ex- cluding all except citizens, and those who honestly designed to become such, and empowering the legisla- ture to make such regulations as should be deemed necessary. This report urged on the government the policy of not selling, but of leasing, mineral land, in small tracts, and only to American citizens or naturalized foreigners. This, it was thought, would secure the settlement of the mining regions with a moral and industrious class. The minority report opposed both

23 The Mormon legislators assumed that the Sierra Nevada was the proper boundary between west and east California. By extending a line south from the main chain, where it breaks off above the 35th parallel, the sea is reached, owing to the south-east trend of the coast, about San Pedro Bay. For the documents in this case, see Jour. Cal. Leg., 1850, 756-70; Tuthill, Cal., 287-8; Hull, Hist. San José, 223-4.

327

PUBLIC DOMAIN.

selling and leasing, either system being sure to result in the control by monopolists of vast districts, to the exclusion of the great mass of the people, the holders combining to reduce labor to the lowest point, and de- grading the laborer. But congress was to be urged to allow the mines to remain free, "a common inheri- tance for the American people."

The legislature finally passed joint resolutions on the subject of lands and other matters, instructing the California delegates to ask for the early extension of preemption laws over California; the survey of tracts fronting on streams of water; for grants of land for educational and other purposes; for the passage of a law prohibiting foreigners from working in the mines ; for the establishment of custom-houses at Sacramento, Stockton, Benicia, Monterey, and San Diego; for a branch mint at each of the towns of Stockton and Sacramento; for the money collected in California from impost duties before the extension of the revenue laws of the United States over the country, and until the adoption of the state constitution; and to prevent any action by congress which should either strengthen or impair the title to land in the state of California, but to have all questions concerning titles left to the judicial tribunals of the country. The only law passed touching the subject of lands belonging to the United States gave the occupant title by possession, against intrusion, provided the amount of land claimed did not exceed 160 acres, that it was marked out by boundaries easily traced, or had improvements thereon to the value of $100; but a neglect to occupy or cultivate for a period of three months should be considered an abandonment of the claim. Any person claiming under this act was entitled to defend his rights accord- ing to its provisions in courts of law.

Another act concerned cases of forcible entry and detainer, and like the first was intended to prevent land troubles, which, as has already been shown, com-

328

POLITICAL HISTORY

menced with the conquest of the country,24 and par- ticularly in Sacramento, the validity of the Sutter title to lands in and contiguous to that city being in dispute. But these laws had exactly the opposite effect to that intended, since they gave vitality to the squatter organization, which became contumelious in consequence, the discontent leading up to serious riot- ing, in which several officers of the law and citizens were killed.

The squatter party was composed chiefly of men from the Missouri border, who had no knowledge of Spanish grants, and who regarded the whole country as belonging to the United States and subject to pre- emption-the same class of men who rooted out the Hudson's Bay Company from Oregon, schooled in the idea that all soil under the American flag is free to all Americans until patented to individuals by the government. Finding that the Sacramento town com- pany was making money freely out of sales of land to which, in their estimation, no title had yet been obtained, they sat down on vacant lots within and without the surveyed limits, and without reference to the fact that other men had purchased those same parcels of land at high prices from the Spanish grantee and his associates, proceeded to enclose and build upon the same. To the laws passed by the legislature they paid no heed, except to condemn them as hostile to themselves, refusing to yield obedience to a govern- ment not yet sanctioned by congress. This subject has been treated of in a general way in my chapter on Mexican land titles; but the incidents attending the

24 As early as 1847 and 1848 the Cal. Star published articles advocating a territorial legislature in order that laws might be enacted for the settlement of land titles. The author of these articles was probably L. W. Hastings, to whom I have often had occasion to refer. Later, when he was a member of the constitutional convention, he was held in check by the necessity of making such regulations as congress would pronounce valid and just under the treaty. But Hastings only represented the western idea of land matters. To the people belonged all the unoccupied U. S. territory. Cal. was, after the con- quest and treaty, U. S. territory; therefore C'al. belonged to the people. Better informed men held similar views, founded upon the right and duty of the people to frustrate monopolies-a higher law doctrine.

329

SQUATTER RIOT.

squatter outbreak at Sacramento offering a striking commentary upon the critical condition of the country while waiting for congress to admit the state, I append an account condensed in the form of a note. 25

25 Sacramento was surveyed in the autumn of 1848, for Sutter by Warner, when Burnett became agent and attorney for Sutter, to sell lots and. col- lect money. The sales were rapid, at good prices, and naturally excited re- mark among the ultra-American element in the mines. Sutter, who had been in embarrassed circumstances, was quickly relieved, and under the excite- ment of success sold land to which his title was doubtful, and as it afterward proved worthless-that is, on his Micheltorena grant, which was made to cover, as the squatters declared, 'the whole Sacramento Valley.' An exami- nation of the Sutter grants showed, as many believed, that the Alvarado grant did not reach to the city of Sacramento by a distance of 4 miles, as has else- where been stated. Those who had no respect for Spanish and Mexican grants believing that to be valid they must first be confirmed by congress, and that congress would never allow such vast tracts to pass to single individ- uals; and those who believed that the Alvarado grant did not cover the city of Sac .- began in 1847 to organize themselves into a Settlers' Association, Placer Times, June 3, 1850, and to squat upon land both in the town and out- side of it. About the middle of October, Z. M. Chapman, erroneously called George Chapman in Morse's Directory of Sac., 1853-4, 17, went upon a piece of unoccupied land out of city limits claimed by Priest, Lee, & Co., and cut timber, to erect a cabin and for other purposes. In Chapman's account in the S. F. Bulletin, of June 15, 1865, which seems an honest statement, he says that if a man pitched a tent within the limits of the city he was com- pelled to pay to Priest, Lee, & Co. a bonus of from $5 to $12 per day. This tax fell heavily on the weary gold-seeker who had just come across the plains and desired to have a starting-point from which to set out in the spring. It was probably designed to compel such persons to purchase lots. But lots were held at from $500 to $6,000 and $8,000; and Chapman, who was a new- comer, 'thought he had as good a right to any unoccupied lands adjacent to the city as any citizen of the U. S.,' squatted accordingly, as I have said, claim- ing 160 acres. Twelve days after he began building; and when his house was ready for the roof, he was visited by Pierre B. Cornwall and another of the town owners, who required him to desist from cutting timber, and on his de- claring his intention to preempt the land, warned him off at the peril of his life. Chapman replied that they were all within jurisdiction of civil author- ity, and as his life was threatened, they must immediately report at the al- calde's office, or submit to arrest, on which they agreed to dispossess him legally if they could. On the following day a writ of ejectment was served on Chapman, who was ordered to stand trial a few days afterward. When the suit came on many persons were in attendance. Chapman called for proofs of Sutter's title, and none satisfactory were produced. Three times the case was adjourned, but finally a jury decided in favor of Sutter's claim, a decision which the settlers' organization ignored, calling the trial a sham. It was then that squatting on town lots began, nearly every unoccupied lot being taken. Chapman still refused to quit his claim. Placer Times, Dec. 1, and 15, 1849. According to his statement, he was offered peaceable possession of 20 acres to relinquish his pretensions to the remainder of the 160 acres, which offer he refused, when he was waited on by the sheriff with a writ of ejectment. Still Chapman refused to vacate the premises, and received an- other visit from the sheriff, with a posse of 50 men, who, the friends of Chapman being absent, pulled his house down, after removing his portable property. This was Saturday evening. On Monday a meeting was called for Tuesday, which was largely attended, and resolutions passed by the squatters that no more houses should be torn down. While the resolutions

330

POLITICAL HISTORY

The land questions were indeed of the greatest im- portauce, while congress had failed to take any meas-

were being passed, the Sutter party set fire to and burned a cabin which had been erected on Monday by the squatters on Chapman's claim. Another cabin soon arose on the same site, and the squatters held another meeting, at which it was resolved to retaliate upon Sacramento if any more squatter buildings were destroyed. The rainy season commencing soon afterward, and a flood causing both parties to abandon temporarily the city site, no further action was taken before the following spring. As for Chapman, he returned to the states, having lost his health from exposure to the inclemency of that season, and never returned to renew his claim. Not so his associates, who in the spring of 1850 redoubled their efforts to prove Sutter's claim illegal. At their head in 1850 was Charles Robinson, afterward governor of Kansas, who was an immigrant from Fitchburg, Mass., a college graduate, a physi- cian, and a man of honest convictions, who was fighting for squatterism be- cause he believed in it. J. Royce, in Overland Monthly, Sept. 1885.

In May there was a great accession to the squatter force. The organiza- tion kept a recorder's office, paid a surveyor and register, and issued certificates of title as follows:

We know our rights, and knowing dare defend them.

OFFICE OF THE SACRAMENTO CITY, SETTLERS' ASSOCIATION. SACRAMENTO CITY, ... 1850.

Received of fifteen dollars for surveying and recording lot No. .... situated on the . . side of ...... street, between ...... and ... , street; measuring forty feet front by one hundred and sixty feet in depth, according to the general plan of the city of Sacramento, in conformity with the rules of the association.

$15.

[Signed]

Surveyor and Register of the Sacramento Settlers' Association. The public domain is alike free to all.

Men who had purchased lots of Priest, Lee, & Co. had their lumber brought for building purposes removed, or were forbidden to leave it on the ground. Even a sum of money offered by the owner failed to induce the squatter to vacate the lot. A petition was forwarded to congress asking in effect for a distribution of the public lands among actual settlers. Cases brought into the courts, and determined against the squatters produced no change in their proceedings. Two suits were decided adversely to them in Jus- tice Sackett's court, argued by MeCane on their side, and Murray Morrison on the opposite side. Nothing, however, moved them from their position; and least of all the charge of cowardice, which was hurled at them by the press. Complaint being made that the squatters had not a fair hearing in the news- papers, they were invited to 'come out openly, and make known their real views. Merely abstract ideas do not meet the present occasion. And all who properly consider their own interests and the peace and welfare of the city must take immediate and summary action.' Placer Times, June 3 and 5, 1850. The excitement increased; squatters' fences were pulled down, and meetings continued to be held. The squatters endeavored to evade going to court, hoping to hold out until the state should be admitted, when they ex- pected that U. S. laws would come to their relief. Yet they did sometimes get into the courts.

On the 10th of August an adverse decision was rendered in the case of John F. Madden, who had squatted on a lot belonging to John P. Rogers and others, of the Sutter party, in the county court, by Judge Edward J. Willis. The attorneys for Madden talked of appeal to the supreme court, on the ground that the plaintiff Rogers had shown no title. Judge Willis re- marked that he knew of no law authorizing such an appeal. The rumor spread abroad that Willis had said no appeal could or should be had. 'No appeal ! Shall Judge Willis be dictator?" Outrage!' Such were the ejacula-

331

LAND TITLES.

ures providing for their adjustment. The titles to the land on which the three chief cities were built were

tions. A meeting was called for that evening, and resolutions of resistance to oppression passed. On the 12th, being Monday, Robinson published a mani- festo refusing to recognize the state legislature and other state officials as anything but private citizens, and threatening a resort to arms if molested by the sheriff. This amounted to rebellion and revolution, and in fact re- tarded the execution of the judge's order to dispossess the squatters on the land in question. About 200 men were assembled on the disputed territory. Robinson had about 50 names enrolled of men he could depend upon to fight, and managed, by adroitly mingling them with the other 150, to make his army appear larger than it really was. Mayor Bigclow appeared on horseback and made an address, advising the crowd to disperse, to which Robinson replied respectfully but firmly that his men were upon their own ground, and had no hostile intentions unless assailed. An interview was finally ar- ranged between Robinson and the mayor at his office, when the latter said that he would use his personal influence to prevent the destruction of the property of the settlers, and also informed Robinson of the postponement of the executions issued by the court. The squatters then dispersed for the day. Some steps had been taken to organize militia companies, but from the unready condition in which the crisis found the municipal government, it is apparent that Mayor Bigelow did not realize the danger of the situation. On the 13th James McClatchy and Michael Moran were arrested and brought before Justice Fake, charged with being party to a plan to resist the enforce- ment of Judge Willis' writ of ejectment. The evidence being strong, in de- fault of $2,000 bail they were lodged in the prison brig, anchored in the river. The county attorney, McCune, was also under arrest, to be tried on the 14th, and a warrant was out for Robinson, but he was not taken. Sac. Transcript, Aug. 14, 1850. On the morning of the 14th the sheriff, Joseph Mckinney, seized a house on 2d street, in pursuance of his duty. A party of 30 squat- ters, under the leadership of James Maloney, retook the house. Maloney, on horseback armed with a sword and pistols, next marched down L street to the levee, iu the direction of the prison ship, followed by a crowd of citizens, who thought their intention was to release the prisoners. By this time the excitement ran high, although there was no apprehension of bloodshed. The affair seemed rather a spectacle than a coming tragedy, and the spectators hooted, laughed, and shouted. But the mayor, who could no longer blind himself to the necessity of asserting his authority and the power of law, rode up and down the streets, and made his proclamation to the people to sustain both. Many then ran for arms. The squatters on reaching I street halted and began to remove some lumber from a lot; but Maloney checked them, alleging that the lumber belonged to one of his friends. He then led them up I street, still followed by a laughing and jeering crowd. At the corner of I and Second street, seeing the inayor approaching, the citizens waited to hear what he might have to say to them, but the squatters marched on, turn- ing into Third street, and continuing to J street. In the mean time the mayor had ordered the citizens to arrest the armed squatters, and with three cheers they followed his lead. The two parties approached each other on J street, the squatters drawing up in time across Fourth street, facing J. The mayor and sheriff rode up, and ordered them to lay down their arıns and yield themselves to arrest. While they were yet advancing, Maloney gave the order to fire, and said distinctly, 'Shoot the mayor.' His order was only too well obeyed, seve .! guns being pointed, though some were elevated to be out of range. The hiring was returned by those citizens who had se- cured arms; a general mêlée ensued, and the squatters fled from the field, which was now a field of blood. The mayor received no less than 4 wounds, in the cheek, the thigh, the hand, and through the body in the region of the liver. He recovered in a maimed condition, after a long illness, and a $2,238

332

POLITICAL HISTORY.

almost hopelessly confused. As a consequence, the state was left without property or revenue, without

bill for five weeks' attendance and care at Dr Stillman's house in S. F., only to die of cholera, Nov. 27th following, in the same city. Harding Bigelow was born in Mass., of the well-known family of Bigelow, removed to N. Y. in early childhood, where he grew to manhood, and subsequently moved to the north-west territory. In the explosion of the steamboats Moselle and Wilmington he sustained severe losses and narrowly escaped with his life. During the Black Hawk war in Ill. he had also some hair-breadth escapes. He went to the West Indies, New Granada, Peru, Chili, and Central America, arriving in Cal. by the first steamer, and entered at once into the affairs of the country, being much interested in building up Sac., whose first mayor he was. It was greatly by his personal exertions that the town was saved dur- ing the flood of 1849-50. Sac. Transcript, April 26, 1850. His course with the squatters was marked with charity and moderation even to a fault. S. F. Pacific News, Nov. 29, 1850. He was interred with military honors at Sac- ramento. Culver's Sac. City Directory, 74, 79; Shuck, Repres. Men, 936; Placer Times, April 6, 1850; Winans' Statement, MS., 21.

Besides the mayor, the city assessor, J. M. Woodland, was wounded mor- tally, surviving but a few moments. Jesse Morgan was killed outright. On the squatter side, Maloney was killed, being shot by B. F. Washington, city recorder; Robinson was severely wounded, and another man killed, name not mentioned in any of the reports of the battle. J. H. Harper, of Mo., was severely wounded; Hale, of the firm of Crowell & Hale, was slightly wounded; and a little daughter of Rogers, of the firm of Burnett & Rogers, was slightly injured; total, 4 killed and 5 wounded. The bolt had fallen, and nothing more was to be seen than the ruins. Lieut-gov. McDougal now appeared upon the scene, 'his face very pale,' and ordered all the men with arms to assemble at Fowler's hotel, after which he immediately left for S. F. by steamer. But not many went to the rendezvous, where a few men had mounted an old iron ship's gun, on a wooden truck, which was loaded with scrap iron. That night about 60 volunteers were enrolled, under Capt. J. Sherwood, and remained at headquarters, near the corner of Front and L streets. A guard was set, of regular and special police, and men were chal- lenged on the streets as if the city were under martial law. Robinson was carried to the prison ship on a bed. One Colfield, a squatter, was arrested and accused of killing Woodland. County Attorney McCune was brought into court, but his case postponed for the next day. Recorder Washington was placed by the city council at the head of the police, with authority to increase the force to 600; and the prest of the council, Demas Strong, as- sumed the duties of mayor. Sac. Transcript, Aug. 15, 1850. On the follow- ing day, after the burial of Woodland, Sheriff Mckinney and a posse of about 20 men proceeded to Brighton, near Sutter's Fort, to attempt the arrest of a party of the squatters at a place which was kept by one Allen. The house was carefully approached after dark, the force being divided into three detachments, under Gen. Winn, a Mr Robinson, and the sheriff, who were to approach so as to surround the house. Mckinney entered first, and went to the bar with his squad to call for drinks, in doing which he caught sight of 8 or 10 armed men, whom he commanded to lay down their arms. They replied by a volley from their guns and pistols, and were answered by shots from the sheriff's party. All was confusion. Mckinney had run out of the house after the attack, and stood near the door, when Allen deliberately shot him, and he fell, expiring in a few moments. Briarly then fired, wounding the assassin, who however sent another shot among the sheriff's party, grazing Crowell's arm, who returned the shot. The further immediate results of the battle were the killing of two squatters, M. Kelly and George W. Henshaw, the wounding of Capt. Radford severely, and the injury of Capt. Hammersly by being thrown from his horse in the melee. Reinforcements being sent for

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

History of California, Volume VI, Part 36

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