USA > California > History of California, Volume VI > Part 84
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13 Fit to 'found a state organization, a nation,' as the London Times ex- claims. Men of nerve an'l honor, aiming for no reward. Americans from the northern states predominated, then westerners, followed by southerners and foreigners. Many sympathizers gave pecuniary aid while holding per- sonally aloof.
14 Cheers began to roll up from the exultant spectators, but a sign of ad- monition hushed them into mute approval.
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POPULAR TRIBUNALS.
which found itself baffled in many respects. Its ap- peal for volunteers had brought only a feeble response, chiefly on the part of lawyers and politicians.15 The local authorities nevertheless planned a campaign. A habeas corpus for a certain prisoner being evaded by the committee, the attitude was construed into defiance of state authorities, and Governor Johnson, a man of narrow views and vacillating character, thereupon appealed to the United States troops for arms, de- clared San Francisco in a state of insurrection, and called out the militia. But the arms were refused, and the militia held back.16
Meanwhile the committee had tried the two pris- oners with all fairness, and condemned them to death. The sentence was carried out on May 22d, at the time the remains of the assassinated editor were on the way to the cemetery with solemn and imposing pagean- try.17 The reformers followed up their task by ferret- ing crime, watching officials, collecting testimony, and driving out malefactors; but the greatest test was yet before them. On June 21st, during the arrest of a noted political trickster, a scuffle ensued, wherein a committee officer was stabbed by Terry, judge of the state supreme court, who leaving his duties at the capital had come to drag his already soiled ermine in the demagogical slums of San Francisco. A moment later the significant tap was heard, and within a few minutes the reformers were flocking up and falling into line. The law-and-order men had noted the signal; but while they were still gathering, their
13 Assisted by a number of catholics and southerners whom King had assailed. Both the military battalions of the city disbanded to avoid serving against their fellow-citizens. 'Not one in ten responded,' reported the gov- ernors. Pop. Trib., ii. 359.
16 By orders of June 2.1 and 3d, W. T. Sherman, appointed major-general of militia and given the military command in San Francisco, promised to quickly disperse the vigilance men. Sherman soon resigned, disgusted with the gov- ernor's attitude, and was succeeded by Volney E. Howard, who talked much and fought little. U. S. Gen. Wool and Capt. Farragut declined to inter- fere. Loud appeals come in vain from Sacramento and elsewhere against the proclamation.
17 The procession was two miles in length. Places of business were closed; distant towns hel:l simultaneous obsequies, and joined in subscribing a fund for the widow, which reached about $30,000.
751
FORT GUNNYBAGS.
prompter opponents were upon them with bayonets fixed and artillery in limber. One body arrested Terry, and others enforced the surrender of dif- ferent strongholds, thus seizing the pretence and opportunity to cripple the foe.'s Terry's stab had stricken down his own party, while crowning the victors with triumph.
For a time the life of the chief justice hung on a thread; but the disabled officer recovering, the offender was arraigned on minor charges. The ex- ecutive committee found, after a trial of twenty-five days, that while Terry undoubtedly deserved expatria- tion, he was too strong politically to be treated like an ordinary criminal. The state and federal authori- ties might join to interfere in behalf of a supreme judge, and failure would injure the prestige of the committee. The success of their cause demanded an acquittal, and so it was decreed, despite the disap- pointment of the unreflecting members against the seeming lack of equity and firmness. The decision was wise, for a sentence of banishment, which could not have been enforced, would have entailed, not only serious litigation against the city, but the annulment of other sentences and general discomfiture.19
The struggle with the state government brought another victory for the reformers. The governor had prepared to carry out his proclamation, partly by trans- mitting armament from the interior; but the com- mittee boldly boarded the vessels laden therewith and seized the weapons.20 They nevertheless took meas- ures for defence by intrenching themselves at head-
18 About 1,000 stand of arms were taken, besides pistols, swords, and am- munition, and 200 prisoners, including U. S. naval agent R. Ashe. The prisoners were soon released. Gen. Howard blustered nervously to prop his fallen prestige and plumes.
19 The board of vigilance delegates held out for some time against the acquittal. Terry took refuge on board the U. S. sloop of war John Adams, whose commander had been blustering against the reformers till his superior quieted him. The judge thereupon returned to his court at Sacramento.
20 Their officers were arraigned for piracy, which implied death; but as it was shown that the arms were seized temporarily to prevent bloodshed, the jury acquitted them.
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POPULAR TRIBUNALS.
quarters, with guns planted and protected by a breastwork of sand-bags, whence the appellation Fort Gunny bags.21 Rumors of possible results flew thick and fast, some hinting even at secession, thoughi none were more loyal than these men.22 They had been driven further than had been anticipated, yet their courage rose according to the magnitude of the peril and responsibility, and they stood resolved to carry the issue to the end. Their course was approved by numerous popular demonstrations in different towns, and by additional enrolments.23 The opposition claimed a force of 6,000, but had in reality only one tenth that number, for most of military companies summoned by the governor disbanded, and the presi- dent of the United States, to whom application had been made, replied evasively.24 Thus ignominious failure stamped the efforts of the opposition and the gubernatorial prestige sank into derision.25
Striding firmly along in the task of purification, the committee saw it practically accomplished within three months. It had been marked by the execution of four men, the deportation of twenty-five, and the order for a number of others to leave, a lesson which led to the voluntary departure of some 800 malefac- tors and vagabonds.26 Stirred by fear and example,
21 In lieu of the baptismal name of Fort Vigilance. View and description in Pop. Trib., ii. 98, etc. See a previous note for armament. Passwords were frequently changed, a rally-cry was given, and a distinctive white ribbon pinned to the lapel. The city was scoured for arms that might be used by the law party.
22 Some proposed an extra session of the legislature to take measures to meet the emergency.
23 San José offered 1,000 volunteers; Sacramento formed a committee of vigilance; at Sonora 5,000 men gathered; the people of San Francisco clamored for the resignation of officials, who turned a deaf ear to the demand; even children formed in mimic battle array. Pop. Vig., ii. 203, 339, 350-2, 445, etc. On July 4th the committee stood prepared to adjourn, when further menaces roused it to defiance.
24 He saw not sufficient danger to justify interference. Urged partly by Texan resolutions, he finally did send the required order for federal aid to the governor, when assured that the danger was past. This lenient course was prompted greatly by the approaching general election and concerned party interests. Id., 363-4, 573, etc.
23 The insurrection proclamation remained a dead letter.
26 Details and names in Pop. Trib., ii. 271-82, 348-53, 509, 528, 591-8. Besides Casey and Cora, Philander Brace, a political virtuperative rowdy, and
753
WORK ACCOMPLISHED.
officials had moreover responded to duty with the most gratifying result in economic, judicial, and gen- eral administration. In the formerly well-filled county jail not a prisoner remained awaiting trial. On the 21st of August, therefore, the committee deemed it proper to adjourn, with a closing parade, their only vaunt over the happy achievement of great reforms- · a thanksgiving for deliverance. Most of the compa -. nies retained their organization, however, and a few: officers remained to watch the effect of their work. 27
And now were proven how baseless the croaking predictions of thoughtless or. scheming agitators, that
E 1851
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SAN FRANCISCO CALIFORNIA
MEDAL.
Jos. Hetherington, a dissolute though gentlemanly English gambler, were' hanged for murder. The adventures of the unsavory Judge Ned McGowan while eluding the pursuing committee, and his ultimate escape from sentence, are told in his own Narrative. See Pop. Trib., ii. 245 et seq. The conduct and treatment of a branded member of the committee is instanced in the case of A. A. Green. Appeals for redressing private wrongs had to be ignored. The abused Chinese received protection. The banished were for- bidden to return under penalty of death; but some came back after the com- mittee had retired, claimed damages, and certain compromises had to be arranged. Committee members were also persecuted when recognized by their victims in eastern cities, and unsuccessful thoughi costly suits were instituted against them. Id., 595-614, 621. The expatriation order was rescinded in Sept. 1857.
27 For parade, list of companies, closing address, and finances, see Id., 531-46. The vigilance record was kept up till Nov. 3, 1859. The governor maintained in print, till Nov. 3d, his proclamation, declaring the city in a state of insurrection, partly for election purposes, under plea that the com- mittee still retained the state armament. This was then surrendered. About the same time highway robberies became so frequent that the gov- ernor joined in the spreading alarm, protesting his inability to suppress them.
HIST. CAL., VOL. VI. 48
754
POPULAR TRIBUNALS.
California, with a fostered spirit of revolt, would foment at slight provocation, and become a vortex of lawlessness under a rule of terror, driving back capi- tal and settlers. This formal vigilance organization was not to be compared with the rash, vindictive, mob-like risings which had so often disgraced the mining region, though even here there were many calm and dispassionate popular tribunals, resulting in great good. A slight industrial disturbance was the only evil effect of the committee movement,28 while the benefits were incalculable, in many respects per- manent, and far surpassing the superficial results of the year 1851. Crime never again reached danger- ous proportions in the city. Expenditures fell from $2,646,190 in 1855 to $856,120 in 1856 and $353,292 in 1857. A people's reform party was organized, which for at least ten years did good service in maintaining an honest administration, and urging the people to a performance of the political duties so disastrously ne- glected. San Francisco purified became famed as one of the best governed among cities. Real estate ad- vanced in price, immigration received fresh impulse, and trade and industry flourished. The dignity and worth of this vigilance committee lie vindicated in the glorious results of its labor, and in the lofty prin- ciples by which it was actuated.29
28 A few timid people left the city, a court or two adjourned, and some industries had temporarily to suspend.
29 Firmness and moderation, admirable equity and self-abnegation, marked its every act, with not one serious error of judgment, not one signal failure of purpose.
CHAPTER XXVI.
ANNALS OF SAN FRANCISCO.
1851-1856.
A PERIOD OF TRIALS-LAND TITLES-CITY LIMITS-MEXICAN GRANTS- SPURIOUS CLAIMS-WATER LOTS-FLUCTUATIONS OF VALUES-THE VAN NESS ORDINANCE -VILLANOUS ADMINISTRATION-A NEW CHARTER- MUNICIPAL MALEADMINISTRATION-POPULAR PROTESTS-HONEST AND GENIAL VILLAINS -INCREASED TAXATION- VIGILANCE MOVEMENTS- REFORMS-ANOTHER CHARTER -REAL ESTATE SALES-THE BAPTISM BY FIRE AND BLOOD-MATERIAL AND SOCIAL PROGRESS - SCHOOLS, CHURCHES, AND BENEVOLENT SOCIETIES-THE TRANSFORMED CITY.
THE six years following the birth of San Francisco as a city formed a period of herculean achievements in face of discouraging obstructions-the trials and temptations of the youthful giant. Hills were tum- bled into the bay, and on mud flats was made solid ground. On the sites of smouldering ruins were erected substantial buildings, streets were paved, and a metropolis was formed which within three years took rank with the leading mercantile centres of the world. Meanwhile was maintained a constant struggle with corruption and disorder, against unscrupulous and grasping officials and lawless ruffians, by whom, midst sore affliction, the city was despoiled of her heri- tage, and burdened with heavy debt.
A fundamental trouble appeared early in the title to lands, of which the city in common with other pueblos had inherited her share,1 besides obtaining
1 As shown in my special chapter on land titles, and in the preceding vol. iii. 702-8, etc. By a decision of 1854 the land commission confirmed to the city, instead of the claimed four leagues, or 17,000 acres, only about 10,000 acres, that is, the land north of the Vallejo line, running from near
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756
ANNALS OF SAN FRANCISCO.
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757
LAND TITLES.
from the state and union valuable water lots;2 but the extent and validity of these grants were quickly assailed under the shadow of legal decisions. Irregu- larities had also crept in, by permitting one purchaser to acquire many lots; by the sale of land through jus- tices of the peace in opposition to the council; by the Peter Smith execution sales; and by the vagueness involving several early grants within the city limits.3 With such favorable opportunities the many land- sharks afflicting the country ventured to nibble at the choice peninsula, and so rose successively, in 1850-3, the claims of Stearns and Sherreback to sections south of Market street, of Santillan to three leagues of land radiating from the Mission, and of Limantour to four leagues around the central part of the city, and in- cluding many of the settled blocks. All except the first received such confirmations by courts and land commission as to rouse consternation among property holders. 4
the intersection of Brannan and Fifth streets over the summit of Lone Moun- tain to the ocean. In 1860 the four-league claim was conceded by the cir- cuit court, and five years later yielded by congress, but with the condition that the land not needed for public or federal reservation purposes, or not disposed of, should be conveyed to the parties in possession. This confirma- tion to a few large holders of valuable pueblo domains was inconsistent with the original Mexican pueblo law and its general acceptance by the U. S .; but the Clement and McCoppin ordinances affirmed the alienation, and the city gained little more than a park of sand hills under the decree. For city and county boundaries, see notes on city charters.
2 Gen. Kearny in 1847, perhaps unauthoritatively, relinquished to the town the U. S. claim to the pueblo lots and beach and water lots, which were not conveyed under Mexican laws, and the state by act of March 26, 1851, ceded for 99 years all rights to beach and water lots against 25 per cent on sale money, previous sales being confirmed. By act of May 1, 1854, the state proposed to cede such lots forever, on condition that the city should confirm to holders certain other lots, such as the obnoxious Colton grants. This was declined; but in 1852 interested speculators prevailed on the alderman to ac- cept the proposition. Mayor Harris, however, sustained by the indignant people, succeeding in having this act repealed. Concerning water lots, see Cal. Jour. House, 1851, p. 1329-33, 1853, p. 694-5; Id., Ass., 1854, ap. 9, etc .; 1855, ap. 9; 1856, 66-76; 1858, 503-6; Id., Sen., 1855, 84-6, 482-3; 1859, 23-4; S. F. Manual, 204-9.
3 To Bernal, Guerrero, etc., which in due time were confirmed. The Smith sales are spoken of later.
4 See chapter on land titles. Limantour, Bird's-eye View, 1-24; U. S. vs Limantour, with photographs of documents; U. S. Gov. Doc., Cong. 39, Sess. 1, Sen. Rept 92. See also newspaper notices, especially at the time of the several pleadings and decisions, till 1859, when it was finally rejected, to- gether with the Santillan claim. The latter was made additionally interest-
758
ANNALS OF SAN FRANCISCO.
As a natural result of the irregularities and conflict- ing decisions, almost any concocted or presumed title could be made available for temporary possession, and so squatters began to overrun the city, seizing upon every desirable unimproved lot, even upon public squares and cemeteries, perhaps fencing it during a night, and bidding armed defiance to the original owners; at times backed by a squad of ruffianly retain- ers. Pitched battles with bloodshed became frequent, but judges could not interfere effectually, nor would juries convict a presumed owner for defending his prop- erty.5 This impaired confidence and hindered improve- ments, and with the prospect of a usury bill, lenders of money for such purposes held back, so that the value of real estate was seriously reduced, falling from about seventeen million dollars in 1850-1 to eleven millions in 1851-2.6
The title to water lots was fortunately settled in 1851, and their value rapidly advanced, until four small blocks on Commercial street sold for over a mil- lion dollars in December 1853,7 when speculation and
ing from the purchase by the vigilance committee of 1856 of documents re- lating to the Mission lands through A. A. Green, and subsequent litigation for the money. See Green's Life, MS., 30-85; S. F. Herald, March 28, 1857; S. F. Bulletin, July 21, 1857; Jan. 27, 1859; July 19, 1860; S. F. Post, June 28, Aug. 21, 1878, etc .; S. F. Call, etc .; S. F. Post, June 19, 1878; and nota- bly the testimony of Coleman, Vig., MS., 120 et seq., and Dempster, l'ig., MS., 1 et seq., the vigilance leaders. The Gulnac, Rincon Point, Point Lobos, Colton grants, were among minor claims. Although the Sherreback confir- mation decree was vacated in 1860, claimants long harassed holders, while the Santillan speculators were seeking compensation from the government. The Stearns claim was early rejected.
5 Speculators hired men to hold possession till they could by legal quib- bling and bribery acquire legal right. The lot where later stood the Graud Hotel was the scene of lively encounters, as related by Farwell, Stat., MS., 10. See also Annals S. F., 456-7, 540-1. Property holders formed in 1854 an association for protecting themselves. Capt. Folsom's lots were especially exposed to seizures.
6 Values and fluctuations are considered by Williams, Rec., MS., 7; Clark, Stat., MS., 1; Olney, Stat., MS., 2-3; see also Alta Cal., S. F. Herald, etc.
7 This sale proved the means for one of the numerous raids upon the city treasury. The owners of the Sacramento and Commercial st wharves claimed that the blocks had been intended for a dock, to the advantage of their prop- erty, and were appeased with $185,000 of the sale money. Soon after paying most of the instalment money, values fell with the spreading business de- pression, and the buyers picked a flaw in the title, on the ground of an in- sufficient vote for the sale ordinance. Although this ordinance was confirmed and the flaw readily overcome, the courts after five years' litigation decided
759
THE PUEBLO LANDS.
business excitement culminated. But influenced by certain speculators who had invested in the Peter Smith execution sales, and by other prospective gains, the assembly in 1853 passed a bill for extending the water-front six hundred feet beyond the line established in 1851, on the ground that state finances sadly needed the one third of the expected six millions of sale money. Seeing little benefit to themselves in this scheme, the city authorities joined the citizens in loud protest against the proposed violation of rights guar- anteed to the present front-owners, an infraction which must also injure property holders in general, by in- volving a costly change of grade for drainage, and imperil the port by driving vessels beyond the existing headland shelter. The clamor had the effect of equal- izing votes in the senate, so that Lieutenant-governor Purdy's casting vote was able to defeat the bill.8 In- terior lots remained longer under a cloud. In 1854, however, the land commissioners confirmed the city title to land north of the Vallejo line, under a mistaken idea as to the extent of the pueblo lines; and in 1855 the Van Ness ordinance assured titles to possessors within the corporate limits of 1851. It took another
in favor of the buyers. By this time values had again risen, and now 35 of the buyers compromised by keeping the lots and accepting about one million -or more than they had paid-as compensation, chiefly interest on the par- tial purchase-money. Encouraged by this success, a few remaining buyers claimed similar restoration; but now an ingenious lawyer found that the in- stalment money, while received by the city, had not been in legal possession of the treasury, so that it must be sought through some undefined channel. The last claimants evidently lacked means to win over the weather-cock justice for further spoliation. Meanwhile improvements in the region concerned had languished under the litigation. For details, see Coon's Annals, MS., 22 -5; Cal. Jour. Sen., 1856, 608-52, ap. 18; S. F. Rept City Litig., 1-64; Id., Opinions; Sac. Union, Dec. 18, 1856; S. F. Bulletin, Oct. 28, 1859; Alta Cal., Aug. 7, 1866, etc. These authorities refer also to state sales, in Dec. 1853 for $350,000, in March and June 1854 for $241, 100, and $100,000 also in 1855, the latter especially being unfairly managed with a loss to the state, and with a cloud upon titles.
8 Roach, Stat., MS., 15-16, points to Guerra's vote as having tied the measure. The prospective cost to the state of building a breakwater had its effect on votes. Protests, etc., in S. F. Remonst., 1-8; S. F. Hist. Incid., viii .; Cal. Jour. Sen., 1853, 629-30, ap. no. 28-31, 41, 49, 65, 74; Id., Ass., 1854, 15-18, 652; Alta Cal., Apr. 13, 1853; May 4, 1854, etc. The bill was revived, but in vain. See also Farwell's Stat., MS., 4-6; Purkitt's Letter on Water Front, 1-32; S. F. Bulletin, Apr. 16, May 1, 5, 7, June 12-16, 1856; West. Amer., Jan. 31, 1852.
760
ANNALS OF SAN FRANCISCO.
decade to obtain recognition for the city of the usual four-league grant under Mexican laws, and the several claims of Sherreback, Santillan, and Limantour hav. ing by this time been finally rejected, additional ordi- nances confirmed also outside holdings, and so restored general confidence.9
The glaring maleadministration and abuses of the common council of 1850 roused the citizens to an ap- peal for a remedy, and on April 15, 1851, San Fran- cisco received a new charter, which enlarged her limits half a mile to the south and west, and placed a whole- some check on financial extravagance,10 notably by reducing or abolishing salaries in every direction, and seeking to restrain the accumulation of debts. The
, 9 The final decree of confirmation was issued in 1867 through the circuit court, and in 1867-8 the Stratton survey was made in accordance. Concern- ing city titles in general, see also Pioneer May., i. 193, 257, 321, etc .; S. F. vs U. S., Doc., etc., 1-70; S. F. Miscel .; Tilford's Argument, 1-17; Browne's. Stat., MS., 15. Among journals, Alta Cal. is especially full of comments about the dates of decisions, as indicated in preceding references. In Biart's Rambles, 81-6, is the story of the fate of a S. F. claimant. Among claims lately surviving is one by settlers for the govt reservation at Point San José. See S. F. Bulletin, June 17, 1878. Coon's efforts for promoting the settlement of titles are highly creditable. Annals, MS., 28-31.
10 Boundaries: ou the south, a line parallel with Clay st, two miles and a half distant from Portsmouth square; on the west, a line parallel with Kearny st, two miles distant from Portsmouth square; on north and south, same as county. The wards remained eight in number, but with redistriction to equalize the number of their inhabitants. Officials remained unchanged, except that the two assessors for each ward were changed into a total of three for the city. The first election under this charter was to take place in April, and thereafter annually at the general election for state officers. No debts were permitted to accrue which together with former debts should exceed the annual revenue by $50,000, unless for specific objects, authorized by pop- ular votes, and duly provided for, in interest and redemption, within 12 years. Loans in anticipation of the year's revenue could not exceed $50,000. Loans for extinguishing existing debts, etc., must be authorized by the peo- ple, and early steps taken for funding such debts. Creditors of the city might fund the debts due them, at a rate of interest not exceeding ten per cent, and payable within ten years. The net proceeds of city real estate and bonds, from the occupation of private wharves and basins, wharfage, rents, and tolls, to constitute a sinking fund for the debt. Salaries of charter offi- cers not to exceed $4,000 a year, the treasurer and collector receiving instead of salary not over half per cent and one per cent respectively on money handled by them; assessors, not exceeding $1,500 each. Aldermen received no compensation. No clerks and deputies were allowed beyond the number stated by the charter. Further details in Cal. Comp. Laws, 1853, 944-55. Compare above and other salary changes with the allowances for 1850-1 of $64,000 to 16 aldermen, $8,000 or $10,000 each to the leading officials, from $4,000 to $5,000 each to a host of clerks (now reduced to $2,000 and less), showing a salary list for the city of more than $800,000 prior to this charter.
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