History of California, Volume VI, Part 38

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

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32 Calhoun said that to ' save the union the north had only to do justice by conceding to the south an equal right in the acquired territory, and to do her duty by causing the stipulations relative to fugitive slaves to be faithfully fulfilled; to cease the agitation of the slave question, and to provide for the insertion of a provision in the constitution, by an amendment, which will restore to the south in substance the power she possessed of protecting herself before the equilibrium between the sections was destroyed by the action of this government.' Cong. Globe, 1849-50, App., pt i. 370-1.

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POLITICAL HISTORY.

between slave-holding states should be regulated by the laws of those states. The debates upon these resolutions continued for many months;33 and by the last of July they had been so altered and amended that nothing remained of their original features. Most of their several provisions were, however, in- corporated in bills which were passed, and which con- stituted in effect a compromise.

In the midst of this conflict the California delega- tion arrived and added to the excitement, their presence being regarded by some of both sections, but especially by the south, as unwarranted, even imper- tinent. Calhoun, who was dying, sent for Senator Gwin, with whom he held a conference, " solemn and impressive." They differed upon the policy to be pursued by congress in the admission of California, Calhoun insisting that it would destroy the equilibrium in the senate, which was the only safeguard of the south against the numerical superiority of the north, and prophesying civil war. He held that in the event of the north conquering the south, "this government, although republican in name, would be the most des- potic of any in the civilized world." So much bitter- ness poisoned this great and generous mind! 34

33 Davis of Miss. repudiated the idea of concession from the north. 'Where is the concession to the south? Is it in the admission, as a state, of California, from which we have been excluded by congressional agitation? Is it in the announcement that slavery does not and is not to exist in the remain- ing territories of New Mexico and California? Is it in denying the title of Texas to one half of her territory?' He held that gold washing and mining was particularly adapted to slave labor, as was agriculture that depended on irrigation. Cony. Globe, 1849-50, App., pt i. 149-57.

3+ ' Mr Calhoun,' says Gwin, 'never appeared in the senate but once after this interview. It was on the occasion of the delivery of Mr Webster's great speech of the 7th of March, 1850. The senate-chamber as well as the galleries were crowded, and it was known only to a few that Mr Calhoun was in his seat; and when Mr Webster, in alluding to him, regretted the cause of his vacant seat in the senate, Mr Calhoun rose up in the presence of that iminense audience, as a man rising from the grave, for he looked like a corpse, and said, in a hollow, deep-toned voice, "I am here !" which electrified the whole audience. Mr Webster turned to him and said: "Thank God that the sena- tor is able again to resume his seat in the senate, and I pray to God he may long continue to adorn this chamber by his presence, and aid it by his coun- sels."' The same as reported in the Cong. Globe, App., i. 271, is less dramatic. Gwin's Memoirs, MS., 32-5; Crane's Past, Present, etc., 10; Cong. Speeches, no. 3, 4, 8, 9, 19, 20; Placer Times, Apr. 22, May 8, 1850; Niles' Reg., 1xx. index p. viii .; S. F. Bulletin, Sept. 9, 1862, and 1864; Benton's Thirty Years, ii. 769-

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GWIN'S PERFORMANCES.

Gwin, finding himself on the unpopular side with his party, "retired to New York in order not to be considered a partisan," but was recalled by Mr Clay, who imparted to him his design of offering his com- promise resolutions, combining all the questions on the subject of slavery then agitating the country, in order to overcome the united opposition of the south to the admission of California. 35 Again Gwin retired to New York, and again was he recalled, this time by the president, who desired that the California delegation should make a joint communication to congress upon the necessity of admitting California, aside from other considerations, and disconnected with the compromise measures. This request was complied with early in March,36 and a concise history of California, since the treaty of 1848, laid before both houses. The effect of the memorial was apparently to bring General Riley into unpleasant prominence, and the president under the displeasure of the south.37

Thus the struggle was maintained until August 13th, when the bill for the admission of California passed the senate by a vote of 34 to 18; the vote standing, whigs 19, democrats 32, free-soilers two.38 On the 14th

73; Polynesian, vii. 34; Speech of J. M. Read, in Philadelphia, March 13, 1850; Letter of Gilbert, in S. F. Alta, June 25, 1850; N. Am. Review, lxx. 221-51: Am. Quart. Rey., iv. 16-54, 58-64; U. S. H. Jour., 1676, 1683, 1793, 1800; 31st cong., Ist sess .; Santa Cruz S. W. Times, 6 to 9, 1871; Life of Stockton, App., 69-79; Sherman, Mem., i. 81-3; Gwin, Memoirs, MS., 32.

38 It is stated in Gwin's Memoirs that political differences had divided Clay and Benton for years, though they were connected by marriage. The ques- tion of the admission of Cal. brought them together in cordial relations; but Clay's compromise resolutions again sundered them more widely than before, in which estrangement they ended their lives. Few men are too great to quarrel, few minds too magnanimous not to stoop to beastly bickerings.

36 This memorial is printed along with Ross Browne's Constit. Debates, App., xiv .- xxiii .; see also Placer Times, Apr. 26, 1850; U. S. Misc. Doc., 44, i. 1- 18, 34-5, 31st cong., Ist sess.

37 Gwin dwells upon the obstinacy of Prest Taylor, and remarks that he has always believed that had Taylor lived a civil war would have resulted at that time. Taylor, he says, was strongly opposed to Clay's compromise measures. Thurston of Oregon was the only man in congress from the Pa- cific coast, and he defended Riley's action, saying that the govt in Cal. would have been formed without his proclamation. Cong. Globe, 1849-50, App., i. 345-9.

38 It was in the last days of this memorable conflict that Seward said he should have 'voted for the admission of Cal., even if she had come as a slave state,' under the circumstances of her justifiable and necessary establish-

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POLITICAL HISTORY.

Hunter of Virginia presented a protest against the admission, and asked that it might be spread upon the journals of the senate; but this was refused upon parliamentary grounds. This protest is a significant part of the history of the California bill. It declares that the act of admission gave the sanction of law, and thus imparted validity to the unauthorized action of a portion of the inhabitants of California, by which an odious discrimination was made against the property of the slave-holding states, which were thus deprived of that position of equality which the constitution so manifestly designed. It defeated the rights of the slave-holding states to a common and equal enjoyment of the territory of the union. To vote for such a bill was to agree to a principle which would forever exclude the slave states from all enjoyment of the common territory of the union, and thereby rob them of their rights of equality. Every effort to obtain a fair divis- ion of California between the slave and free states had failed. And lastly, the bill was contrary to prece- dent, obvious policy, and the spirit and intention of the constitution of the United States, and therefore dangerous to liberty and equality.39

Such was the fateful character imputed to the instru- ment draughted at Monterey by men of all sections, who intended primarily to escape the strife and pas- sion of the slavery question by excluding slavery from the state; and who secondly had some fastidious ob- jections to working in the mines side by side with the 'niggers' of chivalry masters. The truth will have to be acknowledged that the admission of California as a free state led to the war of the rebellion. The spirit of the south protested angrily against it; the more so that it was a land of gold and sunshine. They

ment of a constitution, 'and the inevitable dismemberment of the empire consequent upon her rejection.'

39 This protest was signed by Mason and Hunter of Va; Butler and Barn- well of S. C .; Soule of La; Turney of Tenn .; Jeff. Davis of Miss .; D. R. Atchison of Mo .; Morton and Yulee of Fla. Mccluskey, Pol. Text Book, 605-6; Benton, Thirty Years, ii. 769-71; Cong. Globe, 1849-50, 1578; S. F. Bulletin, Sept. 9, 1862.

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CALIFORNIA BILL PASSED.

read in it the doom of slavery and loss of power. For their disappointment every generous heart must feel a sympathetic pang. We experience the same pain when we see the surgeon maiming a brother to save his life-protesting and consenting in the same thought.

On the 7th of September the house of representa- tives passed the California bill by a vote of 150 to 56. All the votes against it were of southern men. The act was approved September 9th,40 and the California delegation presented themselves on the 11th. Objec- tions were made by southern senators to their being sworn in, Davis of Mississippi leading the opposition, supported by Butler of South Carolina, Mason of Virginia, and Berrien of Georgia. It was the last kick at their dead lion, and ineffectual. Congress had been in session for nine months, and now made haste to despatch neglected business. Gwin, who had drawn the long term, busied himself during the time before adjournment in draughting bills ; no less than eighteen41

40 U. S. Pub. Laws, 452-3, 31st cong., Ist sess .; Capron, 51; Acts and Resol'ns, 31st cong., Ist sess., 51-2; Amer. Quart. Reg., ii. 295-6.

41 Some of these bills were before congress for a long time. They are num- bered in Gwin's Memoirs as follows: I. A bill to provide for the appointment of a recorder of land titles in Cal. II. To provide for the appointment of sur .- gen. in Cal., and for the survey of the public lands. III. To provide for the erection of land-offices in Cal. IV. To provide for the ascertainment of private land titles, and for the adjudication and settlement of the same. V. To grant donations of land to settlers in Cal., before the cession of that coun- try to the U. S., and to allow preemption rights to subsequent and all future settlers. VI. To regulate the working of the placers and gold mines, and to preserve order by granting temporary permits to actual operators to work the same in limited quantities. VII. For extending the laws and judicial system of the U. S. to Cal. VIII. To refund to the state of Cal. the amount of moneys collected for duties on imported goods at S. F. and the other ports, before the custom-house laws of the U. S. were extended to Cal. IX. To grant to the state of Cal. certain quantities of public land for the pur- poses of education. X. To grant 6 townships of land for a university. XI. To grant 4 sections of land to aid in constructing public buildings at the seat of govt. XII. To grant two townships of land for establishing an asylum for the deaf and dumb, and for the blind and insane. XIII. To relinquish to the city of S. F. all the grounds reserved for military or other purposes in said city which are no longer wanted for such purposes. XIV. To grant to the state of Cal. 12 salt springs, with a section of land around each. XV. To grant to the city of Monterey the old government house in that city, and the ground upon which it stands. XVI. To provide for opening a road across the Sierra Nevada, on the line of the Rio de los Americanos and Carson River, and the pass at their heads, as the commencement of opening a common travelling road between the present western settlements of the U. S. and the

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POLITICAL HISTORY.

were presented by Frémont, who thought three weeks of senatorial life hardly long enough to win a reëlec- tion, and was, by consent of his colleague, put forward on the subject of Mexican and Spanish land grants, and came to blows with Foote of Mississippi on that issue.

The condition of California during the period occu- pied by congressional discussion, politically, was one of indifference. Some effort there was by would-be party leaders to divide the population into whigs and democrats; and so far as the districts containing prin- cipal towns were concerned, they were partially suc- cessful, San Francisco being governed by democrats and independents, and Sacramento by whigs.42 The second general election under the state constitution took place on the 7th of October, when senators and assemblymen, with a number of state officers, were elected.43 Although little interest was manifested by the mining population in the results of election, the canvass showed the great numerical superiority of the northern counties, which were able to exercise a pow- erful influence in determining the future political action of the state," and to carry their measures in the legislature. The miners were, in truth, much more interested in legislation concerning mining, both

state of Cal. XVII. To grant the state of Cal. 1,600,000 acres of land for purposes of internal improvement, in addition to the 500,000 acres granted for such purposes to each new state by a general law. XVIII. To preserve peace among the Indian tribes in Cal. by providing for the extinction of their territorial claims in the gold-mining districts, and a resolution establishing numerous post-routes in Cal.

42 Ashley, Doc., 533-79; Peckham, Biog., in San José Pioneer, July 28, 1877; S. F. Picayune, Sept. 4, 1850; Placer Times, March 30, 1850; Sac. Transcript, Aug. 30, Sept. 30, Oct. 14, and Nov. 29, 1850; S. F. Alta, May 20 and Dec. 17, 1868.

43 E. J. C. Kewen having resigned, James A. McDougall was chosen to fill the vacancy in the office of attorney-general. John G. Marvin was made supt of public instruction. E. H. Sharp was chosen clerk of the sup. ct. Dist attys were elected in the 9 districts.

44 Moore, Pion. Exper., MS., 10; Burnett, Recoll., MS., ii. 266-7. The votes polled in Sac. co. were 3,000; El Dorado, 2,900; Yuba, 4,163; Sutter, 1,389; Yolo, 107; Butte, 900; Colusa, 20; Shasta, 150; aggregating 12,629. The whole vote of the San Joaquin country was not more than 6,850, and of S. F. 3,450. Sac. Transcript, Nov. 29, 1850

347

RECEPTION OF THE NEWS.

state and national, than in party questions, and more likely to make this a party issue at that time than slavery or anti-slavery, much as they had done to bring on the agitation. There were men in the mines whose journey to California, whose digging and delv- ing, whose gambling and whiskey-drinking, whose pros- pecting, Indian-shooting, and clubbing of foreigners, were all as lenses that enabled them to see how much of self and how little of public weal occupied the pon- derous brains of the eight-dollars-a-day law-makers at Washington !

The defeat of the compromise bill, and consequent probability that no definite action would be taken by congress for the admission of California for some time to come, was engendering angry feelings in the wait- ing state, where rebellious utterances were beginning to be heard. Judge Thomas, of the district court of Sacramento, openly reproached the government for neglect, and Bear-Flag sentiments were voiced in the streets. Some there were who, in the event of dis- couraging news by the next two or three steamers, were in favor of a separation from the United States, if separation it could be called where there was no union, and setting up an independent government. Anarchy and confusion would have resulted from such a movement. The public journals generally discoun- tenanced the expression of bitter feeling, but admitted that California would not submit to be dismembered, and acknowledged the critical nature of the situation. 45 But the heavily burdened people were to be spared the last straw. Intelligence of the admission of Cali- fornia reached San Francisco on the morning of Octo- ber 18th, when the mail steamer Oregon entered the harbor flying all her bunting,46 and signalling the good

45 Id., Apr. 26 and Aug. 30, 1850; Placer Times, May 8, 1850; S. F. Pica- yune, Sept. 14, 1850; Crosby, Early Events, MS., 52-3.

46 A flag had been made in New York and forwarded by the Cherokee to be given to Capt. Patterson of the Oregon on this side, and another was made on board the Oregon, on which was inscribed, 'California is a state.' The pioneer

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POLITICAL HISTORY

news. The revulsion of feeling was instant and extreme. Business was suspended; courts were ad- journed; and the whole population, frenzied with delight, congregated on Portsmouth square to con- gratulate each other. Newspapers containing the intelligence from Washington sold for five dollars each. The shipping in the harbor was gayly dressed in flags; guns boomed from the height; bonfires blazed at night; processions were formed; bands played; and the people in every way expressed their joy. Mount- ing his box behind six fiery mustangs lashed to high- est speed, the driver of Crandall's stage cried the glad tidings all the way to San José, " California is admit- ted!" while a ringing cheer was returned by the peo- ple as the mail flew by. On the 29th there was a formal celebration of the event, when a new star was added to the flag which floated from the mast in the centre of the plaza, and every species of amusement and parade was made to attest the satisfaction of the citizens of the first American state on the Pacific coast.47 As it is good to be young once in our lives,

society is now in possession of these flags, presented by capts Phelps and Cox. S. F. Bulletin, Feb. 5, 1869; Cal. Courier, Oct. 19, 1850; S. F. Alta, Feb. 5, 1869; San José Pioneer, Sept. 15, 1877.

47 The public procession was, considering the youth of the city, quite a re- markable parade. It was divided into 7 parts, in charge of 4 marshals each, wearing crimson scarfs with gold trimmings. The several societies and asso- ciations had their marshals in variously colored scarfs, all mounted on capari- soned horses. After the grand marshal were 4 buglers, then 3 marshals, followed by mounted native Californians bearing a banner with 31 stars on a blue satin ground, with the inscription in gold letters, 'California. E Pluribus Unum.' Next came the California pioneers with a banner on which was represented a New Englander in the act of stepping ashore and facing a native Californian with lasso and serape. In the centre, the state seal and the inscription, 'Far West, Eureka, 1846. California Pioneers, organized August 1850.' Then came the army officers and soldiers, the navy officers and marines, the veterans of the Mexican war, and the consuls and repre- sentatives of foreign governments. Behind these was a company of Chinese in rich native costumes under their own marshal, carrying a blue silk banner inscribed, 'The China Boys.' In the triumphal car which followed were 30 boys in black trousers and white shirts, representing the 30 states, and each supporting the national breast-plate with the name of his state inscribed thereon. In the centre of the group was a young girl robed in white, with gold and silver gauze floating about her, and supporting a breast-plate upon which was inscribed, 'California, The Union, it must and shall be preserved.' After these came the municipal officers and fire department, followed by a company of watermen with a boat on wheels; and finally the several secret and benevolent societies. At the plaza the ceremonies consisted of prayer,

349

ADMISSION DAY.

so it is pleasant to remember occasions when our local world seemed revolving in an intoxicating atmosphere of self-praise and mutual admiration. For the encour- agement of these agreeable sentiments, admission day continues to be celebrated in California, and is by statute a legal holiday.

The Spanish-sired young state, like a Sabine maiden, had been wrested from her kindred, and forcibly wed- ded with a greater people. She had protested48 in vain, and consented with reluctance; yet she had con-

music, an oration by Judge Bennett, and an original ode by Mrs Wills of Louisiana. See S. F. Picayune, Oct. 19, 30, and 31, 1850; S. F. Pac. News, Oct. 21, 28, 29, and 30, 1850; S. F. Herald, Oct. 19, 25, 28, and 31, 1850; S. F. Courier, Oct. 31, 1850; S. F. Bulletin, Sept. 8, 1875; Sonoma Democrat, Sept. 14, 1878; Napa Register, Sept. 21, 1878; S. F. Post, Sept. 9, 1878; Peta- luma Aryus, Oct. 5, 1877; S. F. Call, Sept. 9 and 10, 1870; Sac. Union, Sept. 13, 1871; Pac. Rural Press, Sept. 20, 1879; Oakland Transcript, Sept. 9, 1877; Visalir Delta, Sept. 11, 1875. Jacks, of S. F., manufactured a medal which was designed to commemorate the admission of the state, and to com- pliment her friend, the statesman of Ky. It was 23 inches in diameter, weighing over 2 ounces. On the upper edge was engraved, 'California, ad- mitted Sept. 9, 1850;' on the lower edge, 'City of San Francisco, October 29, 1850.' Within the circle was inscribed, 'Presented to Henry Clay by Jacks and brothers.' On the reverse was a raised rim like a wreath, composed of small gold specimens from Bear, Yuba, and Feather rivers, and from the Los Angeles Mining Co.'s veins. Inside the wreath were 30 small stars, with a large star in the centre, on which stood a piece of white gold quartz of the size and shape of an acorn. S. F. Cal. Courier, Jan. 25, 1851; Sac. Transcript, Feb. 1, 1851.

48 In Feb. 1850, the people of Los Angeles, alarmed at the action of the legislature in taxing land, held a mass meeting to propose some method of escape from the impending evil. They wished not to have to pay the ' enor- mous expense ' of a state govt; and complained that the legislature favored the more thickly populated north, disregarding the interests of the thinly populated south. This was unavoidable, as the public domain could not be taxed, and the lands covered by Spanish grants only could. The Los An- geles people said they feared ruin; and proposed to petition congress to form a territory to be called Central California, embracing the country from San Luis Obispo to San Diego. An address to congress was finally adopted, declaring that they had not had time to become acquainted with American institutions when they joined in forming a state constitution. They believed a territorial govt the most suitable. Ruinous taxes would have to be levied to support the state. They could not believe congress would admit Cal. as a state. It was too large, and the interest too diverse. They would have a separation and a territorial govt. It was signed by Manuel Requena, prest, Enrique Dalton and Agustin Olvera, secs. Val., Doc., MS., xiii. 39; Hayes' Scraps, Angeles, i. 5, 12, 29-30; Sta Bárbara Arch., MS., viii. 229-30, 233; Costa Coll., 25-36. On the 9th of May, 1850, Foote produced in the U. S. senate a letter addressed to him by Agostin Harazthy, of San Diego, enclos- ing the address of the Los Angeles meeting. The Santa Barbara and San Luis Obispo people were opposed to the memorial. Foote moved to have the documents printed, but objections being made, they were not received. Cong. Globe, 1849-50, 967.

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POLITICAL HISTORY.

sented, and now joined in the rejoicings. 49 Henceforth her destiny was one with the superior race. At the union the world looked on amazed.50 The house she entered was divided against itself on her account. But under all these embarrassments she conducted herself with dignity, doing her best to preserve the honor and unity of the nation, and contributing of her treasures as required of her with a liberal hand. Thrice blessed California! Blessed in giving rather than in receiv- ing ; for of all the many mighty states of this American confederation, she has given more and received pro- portionately less than any one of them.

49 An address 'a los Californias,' urging them to celebrate, was printed in Spanish, and circulated among the native population.

50 The London Times, commenting on the admission celebration at S. F., said: 'Forgetting for a moment the decorative features of this exhibition, let the reader consider the extraordinary character of the facts it symbolized. Here was a community of some hundreds of thousands of souls collected from all quarters of the known world-Polynesians and Peruvians, Englishmen and Mexicans, Germans and New Englanders, Spaniards and Chinese-all organized under old Saxon institutions, and actually marching under the command of a mayor and alderman. Nor was this all, for the extemporized state had demanded and obtained its admission into the most powerful feder- ation in the world, and was recognized as a part of the American union. A third of the time which has been consumed in erecting our house of parlia- ment has here sufficed to create a state with a territory as large as Great Britain, a population difficult to number, and destinies which none can fore- see.'

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History of California, Volume VI, Part 38

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