History of California, Volume VI, Part 73

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

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HIST. CAL., VOL. VI. 41

642

FINANCES.

of the country, as in time it will rid the state offices of unfit incumbencies, and check the jobbery of its legislatures. 44

4+ The California Register for 1857 contains 'the first attempt to present a tabular view of the finances of the several counties of the state,' and from it I extract the following totals: The total debt of the state in Jan. 1857 was $12,163,090, $8,592,994 of which was funded, and $4,068,589 was floating indebtedness. Total assets, consisting of cash, indebtedness from counties recently organized, and delinquent taxes, amounted to $198,493. Dividing the whole indebtedness between the state, the counties, and the cities, 8 in number, the state owed $4,128,927, the counties $2,365,260, the cities $5, 668, - 903, S. F. debt being $3,661,730, and Sac. $1,507,154. The rate of interest ranged from 7 to 12 per cent, though a part of the debt of S. F. drew but 6 per cent, and a part of San Jose's drew 30 per cent interest. The assessed value of the occupied lands was $28,924,174.15; of the improvements thereon $17,319,470. The valuation of town and city lots was $6,494,008, and the improvements thereon $5,927,414. The personal property of the state was $29,877,679.95. Total value of property, real and personal, $95,007,440.97. The state tax of 70 c. on each $100 produced $665,315.45. The whole amount received into the state treasury, down to June 30, 1856, from every kind of tax, was $4,057,237.49, while the expenses of the state departments had been $7,039,651.19. There was a similar discrepancy in county and city incomes and expenses. The total shipments of gold out of the state in the same period were $322,393,856. The total duties collected on imports at S. F., $13,333,165. Total value of imports, free and otherwise, from 1853 to 1856 inclusive, $27,447,550.

CHAPTER XXIII.

POLITICAL HISTORY.

1850-1854.

QUALITY OF OUR EARLY RULERS-GOVERNOR BURNETT-GOVERNOR MCDOU- GAL-SENATORIAL ELECTION-SOWING DRAGON'S TEETH-DEMOCRATIC CONVENTION-SENATOR GWIN, THE ALMIGHTY PROVIDENCE OF CALIFOR- NIA-PARTY ISSUES-GOVERNOR BIGLER-BRODERICK-WHITE VS BLACK -SLAVERY OR DEATHI !- LEGISLATIVE PROCEEDINGS-TALK OF A NEW CONSTITUTION - WHIGS, DEMOCRATS, AND INDEPENDENTS - ANOTHER LEGISLATURE.

THE composition of Governor Burnett's character was such that he could without friction accommodate himself to circumstances, and make friends, or at least avoid making enemies, on either side of a question. He was suave, correct, with enough of a judicial air to give his opinions weight in ordinary affairs, with enough lightness and elasticity of intellect to enable him to float safely upon the surface of public opinion, and from extraordinary issues to escape scathless. Whatever in the heat of conflict we may say of such men, they are of a recognized value in society, hold- ing the balance even when anarchy would result from more able management. His life, though crowned by no great or noble achievement, has not been marred by a single conspicuous error. As superior judge, under Riley's administration, he occupied the highest position to which he could be chosen under the gov- ernment de facto; and as first governor of California he again stood approved by the voters of 1850. But he was a little too slow in action and too wordy in speech for quick-witted men of deeds; a little too con-

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644

POLITICAL HISTORY.

servative for the men of 1851, so rapidly did things change at this period; and had some prejudices which he did not care to render prominent, had changed his religion from protestant to catholic-a matter which he thought greatly concerned him, but did not in the least other people; besides which, he wished to attend to private affairs ;1 so he resigned the executive office on the 9th of January of that year,? just after the sec-

1 Burnett, Rec., MS., passim; Sac. Transcript, Jan. 14 and Feb. 1, 1851; Cal. Jour. Sen., 1851, 43, 44, 45, 46. Peter H. Burnett was born in Nash- ville, Tenn., Nov. 15, 1807, of Va parentage, to which may be attributed his ineradicable dislike of the free negro. When 10 years of age he removed with his father to Howard co., Mo., and a few years later to Clay co., where he attained the age of 19 years, in contact with a rude border society. In 1826 he returned to Tenn., where he became clerk in a store at $100 a year, and later at $200. He married, before he was quite 21, Harriet W. Rogers, started in business, studied law, and became editor of a weekly newspaper at Liberty, Mo., The Far West. His first law business was in prosecuting some Mormons for debt, and afterward was employed as counsel by the Mormon leaders whom Judge King had committed to jail in Liberty, they being charged with arson, robbery, and treason. In 1843 he emigrated to Or., where he became a farmer, lawyer, legislator, and judge. In 1848 he came to Cal. in the first company of gold-seekers, and was unpronounced enough never to have made any conspicuous failures either in business or politics. In 1857 he was appointed a justice of the sup. court of California, which position he held until Oct. 1858. He afterward became president of the Pacific Bank of S. F., in which he held a large interest. He retired from business about 1880. A lengthy dictation which I took from him he had copied and printed as Personal Recollections.

2 The senate consisted in 1851, in addition to the members holding over, of W. Adams of Butte and Shasta districts, whose seat was contested, and who resigned April 28, 1851; E. O. Crosby, of Yuba and Sutter districts; P. de la Guerra, of Sta Bárbara and San Luis Obispo districts; D. F. Douglas, of Cala- veras; S. C. Foster, of Los Angeles, elected to fill vacancy; T. J. Green, of Sac .; B. S. Lippincott, of Tuolumne; S. E. Woodworth, of Monterey; M. E. Cooke, Sonoma; E. Heydenfeldt and D. C. Broderick, S. F .; A. W. Hope, Los Angeles; who resigned Jan. 11th; T. B. Van Buren, San Joaquin; J. War- ner, San Diego. The assembly consisted by D. P. Baldwin and B. F. Moore, Tuolumne, F. C. Bennett, I. N. Thorne, J. D. Carr, J. S. Wethered, W. W. Wilkins, W. C. Hoff, S. F .; J. Bigler, D. J. Lisle, C. Robinson, Sac .; T. Bod- ley, A. C. Campbell, Sta Clara; J. S. Bradford, A. Stearns, Sonoma; E. Brown, Contra Costa; H. Carnes, Sta Bárbara; J. Cook, San Diego; J. S. Field, Yuba; C. J. Freeman, San Luis Obispo; G. D. Hall, J. J. Kendrick, El Dorado; E. B. Kellogg, Sta Cruz; J. Y. Lind, D. W. Murphy, Calaveras; A. G. Mc- Candless, Shasta; J. W. MeCorkle, Sutter; W. C. McDougall, F. Yeiser, San Joaquin; A. Pico, Los Angeles; S. A. Merritt, H. S. Richardson, Mariposa; A. Randall, Monterey; R. F. Saunders, Butte. Cal. Reg., 1857, 192-6. Of that body of men I find here and there mention of one who has gone over to the silent majority. Thomas Bodley, born in Lexington, Ky, in 1821, came to Cal. in 1849, via N. O., and engaged in merchandising at San José with Thomas Campbell. He was also in the grain business, and at one time col- lector at Alviso. He served as under-sheriff during the term of Wm Mc- Cutchen. During this period he completed the study of the law, begun some vears previous, and at the expiration of his service as sheriff began a success- ful practice. He sustained a character for integrity and liberality in his

645

FIRST GOVERNORS.

ond legislature met in session,3 and was succeeded by the lieutenant-governor, John McDougal, a gentle- manly drunkard, and democratic politician of the order for which California was destined to become somewhat unpleasantly notorious. 4

adopted city. San José Pioneer, Sept. 21, 1878; Santa Cruz Co. Times, Feb. 23, 1867. John S. Bradford came to Cal. from Ill. in 1848 or 1849. In the latter year he had a pack-train carrying goods from Sac. to Auburn. Later he used wagons, and had a store at Stony Bar, on a fork of the American river, where he built the first house of logs. Moore, Pioneer Express, MS., 2-7. He was in partnership with Semple at Benicia, as one of the firm of Semple, Robinson, & Co., for the transaction of general business. This firm pur- chased the Chilian bark Conferacion, with an assorted cargo of East Indian goods, which was dismantled and used as a wharf. Solano Co. Hist., 154-5. He was the first assemblyman from Sonoma dist. In 1853 he returned to Springfield, Ill., where he was several times elected mayor. Benicia Tribune, Feb. 7, 1874.

3 The prest of the senate was D. C. Broderick; prest pro tem., E. Heyden- feldt; secretary, J. F. Howe; asst sec., W. B. Olds; enrolling clerk, H. W. Carpenter; engrossing clerk, E. Covington; sergt-at-arms, C. Burnham; door- keeper, W. B. Stockton. Broderick was elected clerk of the supreme court Feb. 21st, and John Nugent filled the vacancy. Cal. Reg., 1857, 191. W. E. P. Hartnell was awarded the contract for translating the laws into Spanish. His pay was limited by law to $1.50 per folio. He was required to give bonds in the sum of $30,000 for the correct and entire translation of the statutes. Cal. Stat., 1851, p. 404-5; Val., Doc., MS., 35, 296, 307, 317. John Bigler was speaker of the assembly.

4 John McDougal was born in Ohio in 1818, and in boyhood removed to the vicinity of Indianapolis, Ind., where he was supt of the state prison in 1846. He was a captain in the Mexican war, in which he distinguished him- self. The Black Hawk war breaking out about the time he arrived at his majority, he became captain of a company of volunteers, and served the conn- try faithfully. In 1849 he came to Cal. with his brother George, and served in the const. convention. He was fine-looking, and adhered to the old style of ruffled shirt front, buff vest and pantaloons, and blue coat with brass buttons. He used to say that there were two beings of whom he stood in awe-God almighty and Mrs McDougal. The latter always treated him with patient kindness, although often compelled to bring him home from a mid- night debauch. When he was afterward in the U. S. senate he made but one speech, in preparation for which he was three weeks in sobering off. On several occasions he attempted suicide. Although not at that stage of his ruinous career when elected lient-governor, he was seldom fit for the discharge of his duties. Yet such was the influence of his naturally genial and generous de- portment, cultivated mind, and brilliant social talents, that only his political enemies, and not always those, could bring themselves to treat him with the contempt another man in his position would have received. He owned prop- erty in Sutterville. He died March 30, 1866, in S. F. Monitor, April 7, 1866; Buffalo Express, in Hayes' Cal. Notes, v. 86; Buffum, Six Months in Cal., 153; Placer Times, Nov. 10, 1849; Hayes' Cal. Notes, iii. 46; S. F. Alta, March 31, 1866; Crosby's Early Events, MS., 37-8; Gwin's Memoirs, MS., 13; S. F. C'all, Sept. 6, 1868; Overland Monthly, xiv. 329; Sac. Transcript, March 14, 1851. His brother George, a man of herculean proportions, engaged in cattle-dealing in Utah, and among the Navajos, was at Bent's Fort on the Arkansas River for some time. He absented himself so long from Cal. that he was supposed to be dead, and his estate was administered upon. Again he disappeared and was recognized in Patagonia, but could not be at that time induced to leave that barbarous coast. He returned, however, to Washington to prosecute a

646

POLITICAL HISTORY.

Previous to this session of the legislature, although some political flourishes had been put forth, particu- larly by the democrats, there had been little attention given to party marshalling in California. Naturally, after the admission of the state, it became for the interest of office-seekers to consider whether they would support the administration or oppose it. The composition of the legislative body of 1851, chosen in the autumn of 1850, was, democrats, 27; whigs, 18, and independents, 5.5

The election of a senator to succeed Frémont, who, hoping and expecting to be reelected, and hav- ing left Gwin to harvest all the honors at the second session6 of the thirty-first congress, as I have already shown, and who was present at the opening, was the signal to the dominant party in the legislature to put forth its anti-administration and anti-freesoil strength. In order to have time for a satisfactory canvass, the joint convention of both houses was put off until the 18th of February, when the balloting began. The nominees were Frémont, Solomon Heydenfeldt, T. Butler King, John W. Geary, John B. Weller, and James A. Collier.7. The whole number of votes was 49, and 25 were necessary to a choice. Frémont received but 8 on the first ballot, which was increased to 16 once or twice during the sitting of the conven- tion, which balloted 142 times and sat ten days without being able to elect. Times were changed since 1850, when bear-flag memories and bear-flag men elected Frémont. King, being an administration man, and a southerner by adoption, was thus furnished

claim against the govt; but becoming disheartened by the tediousness of his suit, he killed himself.

5 Sac. Transcript, Feb. 28, 1851. The whole number elected was 52; assem- blymen 36, senators 16. Cal. Reg., 1857, 190.

6 Frémont abandoned his duty for a whole session to electioneer for a reelection, only to be defeated. Morn. Globe, Aug. 19, 1856. Thus it was throughout his entire career-himself first and always.

7 Nathaniel Bennett, P. de la Guerra, George W. Crane, D. C. Broderick, P. B. Reading, Alfred Morgan, J. Neely Johnson, George B. Tingley, Wm D. M Howard, T. H. Green, A. Pico, and S. A. Merritt received some scat- tering votes. Cal. Jour. Sen., 1851, 155-274; S. F. Alta, March 1 and 5, 1851.

647

ELECTION OF SENATOR.

with two strings to his bow, so that he ran ahead of his competitors on a majority of the ballotings Hey- denfeldt, being the first choice of the democrats, ran next best after King, who was beaten by the opposi- tion of the whig political journal at San Francisco,8 the whig members of the legislature holding a caucus to denounce its editor, and repudiating it thencefor- ward as a party organ. After a session of 116 days, the legislature adjourned, having passed a large num- ber of laws, and made a few appointments.9 It had, however, not done any great amount of good for the state. 10

If the fable of the dragon's teeth had been intended to apply to California, it would have shown a remark- able crop of scoundrels from the sowing.11 In two

8 That is to say, the Courier, edited by G. W. Crane. The independent press of Cal. at this time was composed of the Herald and Alta of S. F .; the Herall of San Diego; the Herald of Sonora; the Journal of Nevada City; the Gazette of Benicia; and the Visitor of San Jose. The whig press consisted of the Morning Post, Erening Picayune, and Courier of S. F .; the Journal of Stockton; the Union of Sacramento; and the Herald of Marysville. There was but one democratic newspaper in S. F. in 1851, the Pacific Star; one in Stockton, the Republican; the Times and Transcript united was the democratic organ in Sac.

9 Atty-gen. E. C. Kewen resigned in 1850. James A. McDougall was elected to fill the vacancy, Q .- m .- gen. J. C. Moorehead was removed, and Williamn H. Richardson appointed to his place, April 26, 1851. Adj .- gen. J. R. Perlee resigned Sept 24, 1850, and E. W. Mckinstry was appointed in his stead. State printer H. H. Robinson resigned in May 1850, when J. Winchester was appointed, who resigned in March 1851. Eugene Casserly was elected by the legislature May 1, 1851, and continued in office till the contract system of 1852 was carried into effect. The first contract was awarded to G. K. Fitch and V. E. Geiger, in June 1852, who transferred it, with the consent of the legislature, to George Kerr & Co., in Feb. 1853. The contract system was repealed in May 1854, and B. B. Redding elected state printer, who was succeeded in 1856 by James Allen. Cal. Reg., 1857, 189.

10 S. F. Alta, Jan. 9, 1851; Hartnell, Convention, MS., pt. 17; Sac. Tran- script, June 1, 1851; Field's Reminiscences, 73-81, 85-90; Hayes' Scraps, An- geles, i. 41.

11 Alonzo W. Adams, elected to the senate from the district of Butte and Shasta, had been appointed poll-tax collector by the previous legislature. On the settlement of his accounts, after he took his seat, it was ascertaincd that they did not balance. A large number of written receipts were for- warded to one of the senate committees, showing that he had given these in- stead of the receipts furnished by the controller, and had diverted this portion of the public revenue to himself. He was examined before a com- mittee, which recommended his expulsion from the senate; but through the influence of personal friends, he was permitted to remain to the close of the session upon his promise to resign and leave the state immediately after. This he did, and took a steamer at a southern port for a destination unknown. W. T. Sexton, in Oroville Mercury, Dec. 31, 1865; Cal. Stat., 1851, 537. 'At the

648

POLITICAL HISTORY.

particular features of their characters the ordinary criminal and the corrupt politician are identical-both intend to obtain money without honestly laboring for it with head or hands, and both are ambitious to be chief of their fraternity. A community of interests may unite them, when they become, indeed, the most dangerous of the dangerous classes. Such a combina- tion was rapidly forming in California in the spring of 1851; but for greater convenience and economy of space, I prefer to call attention first to the politicians.

Soon after the adjournment of the legislature, par- ties began to form under their respective leaders, and while bearing the national names of whig and demo- crat, were organized merely with reference to state and local questions, and divided among themselves. A third undivided party consisted of independents, who could not accept the platforms or the candidates of the whigs and democrats.

The first state convention of the democratic party assembled at Benicia, May 19, 1851, there being present 176 delegates from the several counties,12 and there formed their state and congressional ticket,13 and their state central committee. 14 Corresponding com-

first legislature, says Crosby, 'I think there was not much bribery; there was a different class of men in the first from what there was in the second. I think there was some jobbery in the second legislature. We had not revenue in the first legislature; the state had not been admitted, and there was no money to cover jobs.' Early Events in Cal., MS., 64. A different set of men and more money made a difference. Says Frink: 'The northerners went into business on their arrival in Cal., the southerners into politics. Most of them had held office in their own states, and so were adapted to a political life.' Vig. Com., MS., 10. He might have added that many had left their country for their country's good.

12 There were now 30 counties, the boundaries of the original ones being readjusted, and Nevada, Placer, and Klamath counties created out of the surplus territory. Cal. Stat., 1851, 172-80.

13 The state ticket put up the names of John Bigler of Sac. for governor; Samnel Purdy of San Joaquin, lieut-gov .; Richard Roman of Santa Clara, treasurer; W. S. Pierce of Yuba, controller; S. C. Hastings of Solano, atty- gen .; W. M. Eddy of S. F., surv .- gen. For representatives to congress, J. W. McCorkle of Sutter, and E. C. Marshall of Tuolumne. Hayes' Cal. Pol., i. 1.

14 I think it important to bear in mind the names of party leaders, there- fore set down the names of the central committees also. It consisted of Rob- ert Semple of Benicia; Charles Lindley of Marysville; R. P. Hammond and S. A. Booker of Stockton; J. R. Hardenburg, M. S. Latham, and John S. Fowler of Sac .; D. C. Broderick, John W. Geary, F. Tilford, and F. P.

649

DEMOCRATIC CONVENTION.

mittees for the several counties were appointed; a committee chosen to report the views and resolutions of the convention,15 and a Jefferson-Madison-Jackson lauding speech made by Anderson of Tuolumne in the manner of the regular democracy, interlarded by as- sertions that the present whig administration was in- tentionally neglecting California because she had sent a democratic delegation to congress; as if it were the custom of congress to send democratic states to Cov- entry through their representatives. California had been admitted eight months, and had not yet a mint! "This," said the address, "is what we call the proscrip- tion of the people of California-the proscription of the great producing masses of California-of the man who toils in the mines. It keeps back from him that which he has earned by the sweat of his brow. When he weighed that ounce of gold, which he obtained by the hard blows of the pick, it was worth only $16. That proscription made it so. A more liberal and enlightened policy-the passage of the measure to which we refer-would have made it worth $18. Of the $50,000,000 dug from the earth by the miners, they lose at that rate of per cent $6,000,000 per an- num. Is not this enough to justify us in calling the policy of the federal party, who are now in power, the proscription of the laboring masses of California ? Are we not justified in warning you against the spirit and conduct of our rulers ?" Thus the democrats.16

When Senator Gwin returned from Washington, after the adjournment of congress in the spring of

Tracy of S. F. The president of the convention was William Smith of S. F. The vice-presidents were J. C. Potter of El Dorado; Juan B. Alvarado of Contra Costa; T. W. Sutherland of San Diego; Josh. Holden of Tuolumne; Judge Bright of Yuba; J. H. Ralston of Sac .; James S. Law of Butte. The secretaries were J. F. Howe of S. F .; G. N. Sweazy of Yuba; J. G. Marvin of Tuolumne; and A. C. Bradford of San Joaquin.

15 Anderson of Tuolumne, J. S. Heenly of Sac., T. W. Sutherland of San Diego, John H. Watson of Santa Clara, and J. G. Wilbur of Butte were chosen.

16 Pickett's Paris Exposition, 13-14; Cal. Pol. Scraps, 3-4; Pac. Star, i. 66, Ang. 6, 1851, in Taylor's Spec. Press, 566; Sac. Transcript, May 15 to June 15, 1851; Placer Times and Trans., Sept. 15, Dec. 12, 1851; Jan. 4, Feb. 4 and 29, March 21, 1852; Bigler's Scrap-Book, 1851-3.

650

POLITICAL HISTORY.

1851, he issued an address to the people of California, in which he told them that congress was loath to do anything for California, and that he was forced to work hard to extort such favors as he had been able to ob- tain; for which he was thanked by the legislature in a resolution which omitted the other members of the delegation. He planned the organization of the demo- cratic party, and canvassed the state for the nominees put forward at the convention. The resolutions of the convention gave evidence of having been suggested by the author of certain bills introduced in the sen- ate,17 and his hand was everywhere visible.18 Patron- age was sought of the great man, and the great man did not despise the help of the meanest.

On the 26th of May the whigs met in convention, in the Powell Street methodist church in San Fran- cisco, 100 delegates being present from twenty coun- ties, seven sending no representatives.19 Officers were chosen, and nominations made,20 with the usual par-

17 S. F. Alta, May 2, 1851; Gwin's Memoirs, MS., 73. The Alta accused Gwin, not without good grounds, of claiming to have accomplished all the good that was done for Cal. There certainly was a scheme to appropriate all the glory. Fremont, after his first three weeks, in which he was allowed to introduce a few bills, was induced to absent himself to attend to his reëlec- tion. The congressmen Gilbert and Wright were persuaded that the senate, being a smaller body, would be sooner acted upon, and therefore that the Cal. business was more likely to be carried if presented there in the first place. Thus the members of the lower house were kept out of sight through their desire to forward the interests of Cal.

18 It was resolved by the convention to maintain the doctrines of the demo- cratic party as transmitted by Jefferson, Madison, and Jackson; that the mineral lands of Cal. ought not to be sold by the govt, but granted to Ameri- can miners and immigrants; that all the public lands of Cal. should be re- served from sale, and granted to actual settlers who were citizens; that Cal. was entitled to the civil fund; that California would give a faithful support to the constitution and the union; that the administration of the general govt had been guilty of the most culpable neglect of the interests of Cal., had sent citizens of the older states to fill her state offices, failed to protect her border from savage aggression, utterly disregarded the demands of the people for better postal arrangements, and failed to carry into effect laws actually passed for the good of the state. Hayes' Cal. Pol., i. 1.

19 These were Colusa, Klamath, Los Angeles, Monterey, Mendocino, Sta Bárbara, and San Luis Obispo. S. F. Alta, May 27, 1851.

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History of California, Volume VI, Part 73

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