USA > California > History of California, Volume XXII > Part 69
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1848. In Jan .- Feb. there are but slight indications of the continuance of the controversy, and none at all of the investigation supposed to be in prog- ress. The two papers continued to snarl at each other, the Californian crit- icising the council, which was mildly defended by the Star. Hyde found it necessary to deny his alleged ownership in the former paper. Charges were made against Leidesdorff, the treasurer, provoking several letters and edito-
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651
ALCALDE TROUBLES.
tive of more or less fire, and in view of the character of some of the accusers and the earnestness of their doubtless exaggerated statements of prevalent law- lessness, it is perhaps necessary to conclude that Hyde was not altogether a model alcalde. Much opposition was also developed against Leavenworth, though it did not produce definite results until after the end of the period now under consideration.
rials, and a resolution for investigation in the council. Early in March, 4 of the 6 councilmen sent an undated request to the gov. to remove Hyde, im- plying that the charges against him had been substantiated; but the gov. re- quired something more definite. March 9th, Hyde to gov .. declaring the charges slanderous and fully refuted; but the council are not gentlemen enough to retract the accusations. There is a bitter feeling against him on the part of certain men; Leidesdorff, formerly his friend, has turned against him; he is disgusted with his thankless position, and wishes to come to Mon- terey and resign. Similar request on the 11th. Unb. Doc., MS., 41-2, 27-8. March 10th, prominent citizens, including Fourgeaud, Jones, J. C. Ward, Brannan, Howard, W. H. Davis, E. H. Harrison, Leidesdorff, C. L. Ross, G. W. Whittock, Henry Mellus, etc., petition the gov. for the removal of Hyde and Leavenworth, and the appointment of Townsend and Buchanan. They represent the town as in a disgraceful state of disorder; bloody street-fights of almost daily occurrence; the alcalde defied, publicly insulted on the bench, not daring to endanger his personal safety, and moreover, the open associate of the worst characters. Another petition of the same date supports Town- send's claims. Same date, Leidesdorff, in a private letter to the gov., explains that the accumulation of testimony has changed his opinion of Hyde, who is responsible for all the lawlessness, prevents the council from effecting reforms, is suspected of being the author of scurrilous articles in the Californian, and, like the professional gamblers McDougall and Lippincott, is the writer's per- sonal foe on account of his efforts to suppress gambling. Unb. Doc., MS., 29- 32. March 18th, Jones and Leidesdorff of the council to gov., declaring that Hyde prevented the progress of the investigation hy legal quibbles and long cross-examination of witnesses on matters foreign to the case, continued for 2 months, until the patience of the investigators was exhausted, the accusers withdrew from the prosecution in disgust, and the witnesses went home; yet 2 of the charges were fully sustained by the evidence and were admitted by the accused, viz .: Ist, changing numbers on the town map; 2d, granting lots to later applicants, ignoring the rights of earlier ones. Of the council, Glover and Howard, through sickness and absence, have not been present at meet- ings; Parker thinks he has said enough in the earlier report, and Clark de- clines to unite with J. and L .; therefore, only these two sign, and they ask the gov. to treat the report as a 'private communication'! Id., 39-40; Calif., Apr. 5th. March 19th, 20th, Hyde to gov., complaining that, despite his efforts to have the investigation completed, nothing has been done for months; the council has acted most unjustly by waiting so long before recommending his removal; they are influenced solely by personal enmity; but he tenders his resignation as he has done before, and recommends that the alcalde in future have nothing to do with the council, which should choose its own presi- dent. March 20th, Clark to gov., dissenting from the views of the 4 council- men against Hyde, as not supported by evidence. Unb. Doc., MS., 171-3, 80-1. The Star of the 25th has an editorial against Hyde, who had gone to Monterey to influence the gov. in his own behalf. The Calif. of the 221 had an editorial against the proceedings of the council, also noting H.'s departure to consult the gov. Also on the 25th, the gov. replied to Leidesdorff and
652
LOCAL ANNALS OF THE NORTH.
Town lots to the number of about 1,200 were granted or sold for the benefit of the municipal treas- ury during the three years; at first for purposes of actual settlement, under condition of fencing and building; later without conditions, though still at nominal prices of $12 and $25 each for lots of 50 and 100 varas; and finally at auction, the purchasers, especially of beach and water lots, being for the most part speculators who paid in some instances as high
Jones, declining to treat their commun. as 'private,' or to remove Hyde, as no proper investigation had been held and no details of testimony had been furnished. This corresp. was published in the Californian of April 5th, with an editorial favorable to Hyde. But as we have seen, on March 27th Hyde's resignation was accepted and Townsend was appointed. In his Hist. Facts, MS., 16-26, Hyde, in reply to the statements of Jones and Leidesdorff, and to that of the Annals of S. F., 201, that 'some 9 or 10 charges of a criminal na- ture were made, only two of which were established by proof,' denies positively that these two charges were substantiated, or that they were ever admitted by himself; and he gives copies of letters from W. D. M. Howard, R. A. Parker, and W. S. Clark of the council, written in 1835 in reply to his own let- ters, and confirming his statement that he was completely exonerated from the 2d charge, while the Ist one was not ' established by proof.' In June-Aug., Alcalde Townsend went to the mines, and the citizens sent petitions to have Ed. Gilbert, and later J. D. Hoppe, appointed Ist alcalde. The gov. declined to make an appointment, but on Aug. 7th directed the 2d alcalde to hold an election, at which on Aug. 29th Leavenworth was elected by 99 votes against 76 for Hoppe. K. H. Dimmick, Win Evans, and John S. Norris were the judges. On the same day Howard, W. H. Davis, Jones, and 40 others pro- tested to gov. against the election as illegal, and the gov. on Sept. 4th sus- tained their view, on the grounds that sufficient notiee had not been given; that the franchise had been limited to the town, whereas it extended to the district; and that Mexicans and other classes of residents had been denied the right to vote. He ordered a new election, with at least 3 weeks' notice, and named Howard, Gillespie, Dimmick, Clark, and J. C. Ward as judges. Unb. Doc., MS., 73-4, 19, 73-80; Cal. & N. Mex. 1850, p. 568, 593, 661-2. Sept. Sth, 29 citizens ask for an election for 2 councilmen. Unb. Doc., MS., 158. Sept. 16th, gov. orders the election of councilmen to take place on the same day as that for alcalde, Oct. 3d. Cul. & N. Mec. 1850, p. 667. Sept. 221, Leavenworth to gov., has advised his friends to give Hyde, Ross, ete., 'ample rope to hang themselves with.' Their assertions will be proved false. Unb. Doc., 36. Of the 2d election, at which Leavenworth was reelected, I have no other record than that in the Annals of S. F., 206, where it is stated that 158 votes only were cast. There seems to have been no further serions controversy before the end of the year, though trouble was brewing for 1849.
Pueblo lands. Beyond the fact that the alcaldes continued to grant lots, there was nothing in developments of 1846-8 which had any special bearing on the town's claim to 4 leagues of land, or the great question of later litiga- tion. Wheeler's Land Titles in S. F. contains, besides an excellent résumé of land annals down to the date of publication in 1852, lists of about 1,200 lots granted to private owners in 1816-8, dates, lots, grantees, and grantors being specified. 1846. There had been 61 lots granted previously at Yerba Buena, and IS were granted before July 9th, making 79 at the end of Mex. rule; while in July-Dec. there were 39, or a total of 116 at the end of 1846. These grants were made according to the Vioget survey of 1839, and with the con-
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TOWN LANDS.
as $600. During the earliest phases of the 'flush times' before the end of 1848 some of the lots ou favorite corners changed hands for $10,000; and 40 years later many then not deemed desirable are worth more than a million each; while four miles beyond the limits of O'Farrell's survey lots sell from $6,000
dition of fencing and building on the lots within a year. Oct. Sth, Larkin, Grimes, and Wm H. Davis petition Com. Stockton for land on the water side of Montgomery St. for a wharf. Larkin's Doc., MIS., iv. 303.
1847. Total no. of lots granted 762, of which 248 were water-lots obtained like many others for speculative purposes, being beyond the limits of actual improvements. Total no. at end of the year 878. Jan. 16th, the Star in an editorial advised the people that no title to beach and water lots conld in any way be obtained; but argned that the lots ought to be sold for the benefit of the town, and hoped this would be rendered legally possible. At a public meeting in the plaza on Feb. 15th, enlivened by harsh words between Parson Dunleavy and Editor Jones, resolutions to the above effect were adopted. Star, Feb. 20th. Accordingly, Gov. Kearny, who probably had no anthority to do anything of the kind, on March 10th proceeded to 'grant, convey, and release ' to the town all the title of the U. S. in the beach and water lots between Fort Montgomery and the Rincon, except lots to be selected by army and navy officers for government use, the lots to be sold at auction for the benefit of the town. Cal. & N. Mex. 1850, p. 291, often repeated elsewhere. Halleck, Report, 123-4, regarded this as an order for the selection of lands needed by the govt, and a release of U. S. title to the rest, if the lots were within the limits of the town-not as a land grant by a territorial gov- ernor. March 16th, Alcalde Bryant announced the sale for June 29th, and Jasper O'Farrell was employed to make a survey for the purpose; terms one fourth cash, and one fourth in 6, 12, and 18 months, with interest at 10 per cent. Vallejo, Doc., MS., xii. 282; S. F. Cal. Star, March 20th and following nos. Feb. Ist, W. S. Clark applied to the gov. for a confirmation of his title to the lot on Broadway and Battery, where he was to build a wharf; but the gov. said he had given up all authority in the matter, though recommending the grant to the local authorities. Cal. & N. Mex. 1850, p. 297-S. Similar reply to Wm Pettet. Id., 301-2. Advertisement of sale in Californian from May 23d. June 2Ist, Gov. Mason decides, in the case of Buckelew, that any loss sustained by an owner by changes in the streets should be paid by the town, but that other (beach) land cannot be granted in compensation except by public auction. Cal. & N. Mex. 1850, p. 333. June 23d, gov. orders Maj. Hardie to select the lots needed by the govt for custom-house, wharves, etc., before the sale. Id., 339-40. The Rincon site of the later marine hospital was also reserved under this order. By advertisement of July 10th the sale of beach-lots was postponed to July 20th. In the newspapers of July also holders of Mex. titles to lots, who had not complied with the conditions, were ordered to present their titles at the alcalde's office. The sale took place July 20th-23d, when nearly 250 lots, each 45 x 1373 feet, were sold. The beach- lots brought as high as $600, while water-lots sold from $50 to $400. The results announced in the Calif. and Star of July 25th. Hittell, Hist. S. F., 114, says that all those between Clay and Sacramento streets were reserved for possible public uses, and sold 6 years later at an average of $12,000 each. Aug. 23d, Larkin says house-lots in S. F. have increased 500 per cent. Off. Corresp., MS., ii. 120-1. Sept. 22dl, charge from citizens that the records had been tampered with, some 20 grants having been erased for some informality. Californian. Something has been already said on this subject. Hyde, in his Hist. Facts, MS., admits that some errors of his predecessors were corrected on the map, though not by him; and Wheeler's lists show opposite many num-
654
LOCAL ANNALS OF THE NORTH.
to $10,000. In 1846, but for buildings and fences vaguely outlining unnamed streets on a small area, there were no public improvements; but in 1847 the region extending some half a mile in different direc- tions from the plaza was surveyed and mapped by Jasper O'Farrell, street names being permanently fixed. Gradually, as needed, a few streets were graded
bers such notes as 'erased, deed void, not taken out as required by law. Geo. Hyde.' Meanwhile, O'Farrell's survey extending over land as well as water, and far beyond the limits of Vioget's survey, lots were granted, about 500 in number, at $12 each for 50-vara lots, and $28.62 for 100-vara lots, of which few were granted. Sept. 27th, council decides that hereafter lots shall not be forfeited for failure to fence and build, all conditions being removed. Star, Oct. 2d. Sept 30th, gov. to alcalde, orders not to grant any more lots south of Rincon Point and east of a certain line. Cal. & N. Mex. 1850, p. 361. Oct. 11th, council ratifies the action of the alcalde in having granted more than one lot to one person. Star, Oct. 16th; Calif., Oct. 13th. Oct. 28th, council orders that hereafter all lots on land or water must be sold at auction. Star, Oct. 23d. Nov. 22d, C. E. Pickett, two citizens, and a soldier, pe- titioned the gov. to appoint a special court to settle land titles in S. F .. a scheme which Gov. Mason on Dec. 14th declared impracticable. Cal. & N. Mex. 1850, p. 470. 1848. Total no. of lots granted this year, 388, making 1,266 in all; 36 were of the beach and water lots, 300 of the 50-vara survey, 10 of the 100-vara survey (below Market St), 17 100-vara lots in the region of the lagoon, 6 at North Beach, and 10 at Clark's Point. Jan. 5th, advertise- ment of sale of the rest of the water-lots at auction on Feb. Ist; postponed to Ist Monday in March. Star, Jan Sth, Feb. 3d. I find no record of the sale, and the 36 lots appear on Wheeler's list as having been 'granted on petition ' to W. S. Clark and W. C. Parker ou Sept. 9th and 25th. In connection with the plan at the end of this chapter, some additional items on the location of the carlier grants may be found.
Streets and publie improvements. See plan and notes at end of this ehap- ter. The survey made by Vioget in 1839 has already been mentioned. By it lots were granted throughout 1846, but it gave no name to streets. In Jan. 1846 Jacob R. Snyder obtained authority from the sub-prefect to survey lands-chiefly outside of the town, perhaps-for the owners. Doc. Hist. Cal., MS., iii. 4S. But of the results in town, if there were any, nothing is known. I have found no definite record of the naming of streets at first, but evidently Montgomery, Kearny, Clay, Washington, Jackson, and some other leading streets were named in 1846, after the raising of the U. S. flag in July. In Oct. Larkin and others petitioned the gov. for land on Montgomery St for a wharf, but nothing was accomplished. Exeept a general outlining of streets by fences and buildings on a part of the lots, and the wooden bridge over the neck of the lagoon, there were no street improvements before the end of 1846. At the end of the year or beginning of 1847 the necessity of a new survey was agitated at a publie meeting and in the Star, but there was a general disagree- ment about what to do and how to pay for it. In Feb., however, a Yerba Buena corresp. of the Ilonolulu Friend, v. 84, writes that a man was then en- gaged in surveying the place and laying out streets; also that there was a hope of having a wharf in a few months. This may have been O'Farrell, who was perhaps already at work making a semi-official extension of the Vioget survey. The result was probably a map signed by Alcalde Bartlett Feb. 22.1, and pre- served in the Sacramento State Library and S. F. hall of records, a photographic copy of which is described in the Alta of Feb. 27, 1875. It covers the tract included between Vallejo, Powell, and Sutter streets. Powell St has no
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STREET IMPROVEMENTS.
through sand hills to the water front. On one occa- sion it was resolved to open California Street from Kearny to the bay, at a cost of $150. The only other improvements were the filling-up of the lagoon at the corner of Jackson and Montgomery streets, and the construction of two wooden wharves at the foot of Clay and Broadway streets, respectively, rep- resenting at that period rival sections of the town.
name; Battery is Battery Place; Sansome is called Sloat; Pacific is Bartlett; Sacramento is Howard; there is no Pine St between Bush and California; and Dupont and Stockton are reversed, Dupont being farthest west. The lots and grantees seem not to agree in all cases with those indicated on the later survey. The lot at the s. E. cor. of Vallejo and Sansome is marked as the graveyard. The Californian of July 24th mentions this burial-place on Sansome and Broadway, calling attention to the necessity of selecting a new place. And according to the Alta of Feb. 4, 1831, Anderson of the N. Y. vol., who died in Sept., was buried far out of town in the North Beach region, this being the beginning of a new cemetery, which already in 1831 was in process of destruction. O'Farrell's regular survey of the town was begun probably in March, though perhaps virtually a continuation of earlier work as above, and completed in Aug., in connection with the sale of water-lots. It included three divisions, the beach and water lots between Clark's Point and the Rincon, the 100-vara survey south of Market St, and the 50-vara survey ad- joining the original Yerba Buena. Says Hittell, O'Farrell's survey covered 'an area of about 800 acres. His map included the district bounded by the lines of Post, Leavenworth, and Francisco streets and the water front, and south of Market St it showed four full blocks fronting on Fourth St, and 11 full blocks fronting on Second St. There were besides a few fractional blocks. O'F. disliked many things in Vioget's little survey, but some he could not change. Kearny and Dupont streets were too narrow, but these could not be widened without an expense of several thousand dollars, which nobody wanted to incur. It was considered indispensable, however, that the acute and obtuse angles of V.'s lots should be corrected, and to do this a change of 25 degrees was necessary in the direction of some of the streets. This transferred the situation of all the lots, and was subsequently called "O'Far- rell's swing" of the city. For years, on account of the swing, buildings were to be seen at various places projecting a little beyond the general line of the street. The corner of Kearny and Washington streets was the pivot of the swing, and the maiu monument or starting-point was established there. The new map gave to the streets the names which they now have.' Hist. S. F., 114-16. Lots granted before the end of 1846 were chiefly in the tract bounded by California, Stockton, and Broadway streets and the water front, 27 lots within this space remaining unsold; south of California only 7 lots had been sold, west of Powell 17, and north of Vallejo 13. In Sept. 1847 the council appointed a committee to consider the subject of building a wharf; and in Oct. the construction of two wharves was ordered, $10,000 being appropri- ated to that at the foot of Clay St, and $2,000 to that on Broadway, which was to be 10 x 150 feet. The Clay-St result was ridiculed in the Californian of Nov. 10th as a 'monument to the folly of the town,' fortunately not strong enough to last through the winter; but it was decided to extend the wharf to 49 x 547 feet, at a cost of $11,000, for which $1,000 was appropriated Nov. 27th. The Broadway structure 'took a start seaward' in Dec., but $2,000 more was appropriated, and the work went on slowly till suspended in Jan. 1848 for lack of funds; and in Feb. all wharf work was ordered to be stopped, except so far as material was on hand for the Clay-St structure. The last we hear of
656
LOCAL ANNALS OF THE NORTH.
A private school was opened by J. D. Marston in April 1847 ; after much agitation of educational proj- ects by citizens and press a school-house on the plaza was completed in December; and finally a public school under Thomas Douglas as teacher was open
the wharves before the gold excitement is a record of various 'reports of progress,' not unmixed with protests, in April; for besides the usual 'jobs,' there was much rivalry between property owners of the 'old town' and those at Clark's Point. Meanwhile, the project of filling up the lagoon had been agitated since October, and work had been actually begun near the corner of Montgomery and Jackson in Jan., the widening of Montgomery St at that point being favorably considered. In Oct. O'Farrell was paid $300 on account for his lahors as surveyor; and negotiations with him were opened to run the town boundary after the completion of the survey. In Nov. the council de- cided to open Broadway from Sansome to the bay, and California from Kearny to the bay, the appropriation being $150. The sum of $2,000, soon increased by $500, was appropriated in Jan. 1848 for general street improve- ments. In April Gerke took a contract to grade Pacific Street, and it was resolved in March to complete the work, citizens being allowed to work out their indebtedness to the town. In March there were also petitions for mov- ing fences to correspond with the survey, and for opening Jackson St to San- some; but only reports of progress in April appear as results.
Education. I find no record of any school in operation or even proposed in 1846, under either the Mexican or American rule. But the Star of Jan. 16, 1847, urged the importance of attending to educational interests, having counted 40 children in the streets who ought to be in school. A lot and $50 in money were editorially offered. In the next number, Jan. 23d, a subscrip- tion and a public meeting were proposed. A meeting was held and a com- mittee of 5 appointed; but nothing more was accomplished, as appears from editorials in the same paper of Feb. 6th and March 6th. According to the Annals, 677, a private school was opened in April by Marston, a Mormon, as Fitzgerald, Educ. in Cal., MS., 2, states, though there was no such Mormon in the Brooklyn colony; but I find no definite information about this school. In July and Aug. both Star and Californian continued to agitate the matter, and it was complained that the lot selected had been granted by the alcalde to private ownership. In June, however, Lieut Edl. Gilbert had taken a census showing 129 persons under 20 years, and 36 between 5 and 15 ycars. Star, Aug. 28th. At a council meeting of Sept. 24th, Leidesdorff, Glover, and Clark were appointed a com. on the building of a school-house. They re- ported progress on Oct. 4th, and were empowered to receive sealed bids, which were opened on the 11th, and that of Mr Stark accepted. Its comple- tion was announced in the Star of Dec. 4th, though with a complaint of the council's lack of energy as likely to defer the opening of a school, and another that 'the nut-brown of red-wood lumber is not sufficiently fanciful for San Francisco,' and the appearance of the exterior should be improved. Also mention in the Californian of Dec. 29th. The Annals, 675, has a view of the structure. On Feb. 1, 1848, at a public meeting presided by E. H. Harrison, with E. C. Kemble as sec., Brannan, Ross, and Harrison were chosen as a committee to canvass the town for scholars, select a teacher, and suggest to the council the propriety of ordering an election of 5 school commissioners. Star, Jan. 29th, Feb. 5th. On Feb. 14th the council ordered an election for the 21st, when Fourgeaud, Ross, Townsend, John Sirrine, and Wm H. Davis were chosen as trustees. Id., Feb. 19th, 26th. They advertised for a teacher on March Ist. Id., March 4th. The council on the 17th appropriated $400 for the payment of a teacher; and on April Ist the school was announced to begin on the 3d. under Thomas Douglas, a graduate of Yale; tuition $5 to $12
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CHURCHI AND NEWSPAPERS.
in April and May 1848. Besides the weekly meet- ings of the Mormons there was no regular religious service at San Francisco until November 1848, when Rev. T. D. Hunt, presbyterian, was employed as town chaplain; but there had been occasional preach- ing by naval chaplains and others; and in May 1847 a sabbath school was organized through the agency of Oregon methodists, with J. H. Merrill as super- intendent. The California Star, San Francisco's first newspaper, was published by Samuel Brannan, with E. P. Jones and E. C. Kemble as successive
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