USA > California > San Luis Obispo County > History of San Luis Obispo County, California, with illustrations and biographical sketches of its prominent men and pioneers > Part 16
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HOSPITABLE CALIFORNIANS.
The California rancheros were noted for hospitality. They practiced this virtue in a very graceful manner. In extending its rites, they made no distinction between strangers, friends, or acquaintances. "Todo lo que tengo es a la disposicion de usted, senor" (All that I possess is at your disposal, sir), they were wont to say, in declining the tender of money from travelers, who had rested at their houses, and had been probably furnished, moreover, with fresh horses, with which to continue their journeys with greater ease. They were a proud race. And as the cul- tivation of the soil, all farming operations, and the neces- sary out-of-door work around the ranch houses, were per- formed by Indian labor, they considered work of that nature as degrading. The poorest amongst them could not be hired to perform it. If one was asked to do any work of that kind, although a high compensation might be promised: "Señor," he would say in reply, with a proud look, and a slight curl on his lip, "caballero soy y no peor." (Sir, a gentleman I am, and not a foot laborer). "But," he might add, " should you want my pobre servicios (poor services), to herd your cattle and horses, they are at your disposition, and pay me in return whatever sum you may deem to be just."
THE RANCHOS.
The ranchos were generally in extent from one league to eleven. A sitio, or rancho of one league, would sup- port, it was supposed, 1,000 head of large cattle, and the horses that might be required for the work on the ranch; therefore, it was a custom that owners of that class would not infringe upon the rights of others, holding larger tracts by increasing the number of their cattle much over 1,000 head, as the entire country was unfenced and used in common. This custom, although generally rec-
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HISTORY OF SAN LUIS OBISPO COUNTY.
ognized, was violated frequently, but seldom to any very great extent.
THE RODEOS
Were given on the different ranchos in the spring. They were arranged so that they would follow one after the other, in order that the cattle belonging to the different brands in the country could be separated in a systematic manner, and driven off by their owners.
The rodeo season was one continued round of excite- ment. The rancho at which a rodeo was to be given was crowded with rancheros and their assistants that had congregated there from every rancho in the surrounding country. On the day set for it, the vaqueros started off at early dawn, in every direction, to collect the cattle. Soon after sunrise long files could be seen descending the hills and mountains to the plain below. Some bands would be running at full speed down the steep declivities, with vaqueros closely following the flying herds, shouting, and at times swinging high in the air their long riatas, as if to urge them on still faster. Upon reaching the plain their pace would slacken down to a half trot as they were converging gradually from all quarters to the rodeo ground, which was open. Arriv- ing there, the scene became intensely exciting. The unintermitting bellowing of thousands of cattle, rising in pitch until it became one continued roar, like that of the sea; the rival bulls pawing up the ground in their intense rage, and throwing the dust in clouds over the drove, then rushing furiously at each other to engage in conflict; cows, running about madly, in search of miss- ing calves; the vaqueros swaying in their saddles, and screaming wildly as they swung their riatas in great cir- cles above their heads, their horses flaked with the foam of sweat, eyes flashing fire, nostrils distended, and fiercely breathing, as their heated breath streamed out like puffs of vapor. The whole caused an exhilaration of feeling in the observer such as is seldom experienced.
After the tumult had in a measure subsided, the parting out of the cattle began. Those belonging to the other ranchos were separated from the drove and driven off by their owners; the others were taken to the corral and the calves branded.
A CHANGED CONDITION.
The war between the United States and Mexico, which resulted in the acquisition of California by the former, and the discovery of gold almost simultaneously with the declaration of peace, produced in a short period a radical change in the social condition of the California rancheros. Living before that period in the seclusion that always accompanies a pastoral life, their habits were simple. Poverty was a thing unknown, as they lived in a patriarchal manner amongst themselves; giving with a liberal hand to all who were in need, even without the asking. There was but little money in the country, nor was it, in fact, needed. There was no direct taxation, and the goods imported in foreign vessels were bartered off for hides, tallow, and dried beef. Indeed, those who brought goods to sell for nothing but money, found here no market for them. But the change of Government, and the discovery of gold, with the consequent addition to the population of a large cosmopolitan element, revo- lutionized, not alone their methods of business, but also their simple, pastoral manner of living. The bartering system was destroyed. Money was made the basis of all transactions, and foreign luxuries introduced in great profusion into the country. The rancheros soon ac- quired expensive habits, and being without any experi- ence in the management of affairs of business under the new state of things, they became involved inextrica- bly in debt, which led to the loss of their great posses-
sions. Although their descendants are numerous in the country, yet they are so scattered and so much mixed up in all their social relations with the present progressive pop- ulation that their distinctive race characteristics, with their language, are rapidly disappearing. The genius of the
ECCLESIASTICAL OR MONKISH GOVERNMENT
Of the missions was, in a general sense, adverse to real progress. Although imparting culture to the Indians, it at the same time destroyed their individuality. The Monks themselves were so formed that their individual character was lost in that of their profession. And as their spiritual supremacy and temporal power were so intimately blended together in the management of the missions, it was impossible to separate one from the other. The Indians, although instructed by them in many of the useful arts, were kept all their lives in a state of tutelage, which checked all individual advance- ment by destroying effectually the spirit of self-reliance, which is by nature implanted within the breast of every human being. Hence, we find the Indians, after the secularization of the missions, incapable of maintaining themselves in a civilized community, in an independent manner, although they were offered lands, and even the means to cultivate them, by the Mexican Government. Neglecting this opportunity of attaining a competency, they relapsed into barbarism or became serfs of the rancheros.
At the close of the Mexican War the rancheros were brought face to face with a progressive civilization to which they were strangers, and which, being so directly at variance with the patriarchal ideas of management they had adopted, they soon found themselves placed in an anomalous position. The circumstances by which they were surrounded forced them either to conform to the new order of things, in which they had had no previous experience, or to succumb with loss of property and influence. The latter alternative was inevitable. As a class they did not take an active part in the late Mexican War. They endeavored to occupy a neutral position, as they were not generally well disposed towards the Mexican Government. Nevertheless they suffered great wrongs during its continuance at the hands of the volunteer forces of the United States. Their cattle and horses were taken from them by military requisitions or driven off in herds without notice and without any com- pensation being paid to the owners. The regular forces of the United States, however, invariably respected their property.
CHAPTER VIII. EARLY GOVERNMENT OF CALIFORNIA.
Government under Spain-The Reglamento-Paternal and Arbitrary Government-A Characteristic Order-Mexican Control-A Republican Decree-Changes of Governors-Law of March 20, 1837-Judicial Organization-The Superior Tribunal- Courts of First Instance -- Alcaldes and Justices of the Peace -- Alvarado Governor-Exorbitant Tariff for Revenue-Ameri- cans aid Alvarado-The Provisional Government of 1837- Carrillo Appointed Governor-Campaign against Carrillo- Customs in 1840-Appearance of Alvarado-Visit to the Alcalde.
HE principal events in California's early history, at least those pertaining to the people and settling of San Luis Obispo, have been related in the preceding chapters. There were presidios and pueblos established, settlers from foreign lands came into the country, Govern- ors were appointed and revolutions effected, and many
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EARLY GOVERNMENT OF CALIFORNIA.
events occurred of interest to localities, but, not belonging to this county, can be but briefly mentioned.
California was a dependency of Spain until 1822, the King being the head and source of all authority sent down through various officers to the Viceroy of Mexico, to the Commandante-General of the Department, from him to the Governors, and then to the Captains of the presidios. There was no constitution, charter, or legislature. Laws and regulations came from the King, or the "Council of the Indies," even to the smallest item regulating the peo- ple's conduct. One little concession was made to the people-after 1783 they were permitted to elect their Alcaldes.
The system of government reposed no confidence in the ability of the common classes to take care of them- selves, or to maintain order in society. The higher powers generally showed love and consideration for the masses, but no respect for them. They were masters by divine right, therefore assumed nothing, but felt their position as a matter of course, born to them, and a duty, inherent and unavoidable, to govern. This feeling permeated all classes, and from the lowest to the highest each individual acknowledged a superior upon whom, in a measure, he was dependent.
THE REGLAMENTO.
This led back to the precise regulations-reglamentos emanating from the King. In the archives of California is the reglamento issued by the King of Spain, Charles III., in 1781, "for the government of the presidios, the promotion of the erection of new missions, and of the population and extension of the establishment of Mon- terey." In it are minute provisions for paying, clothing, and feeding the officers and soldiers, and for supplying their families and other persons dependent on the pre- sidios. The number of pack-mules to be kept, and how horses are to be pastured, and that four are always to be kept in the presidio, ready saddled, by day, and eight by night.
At that date, says the reglamento, the country was filled from San Diego to Monterey with an immense number of gentiles, and only one thousand seven hundred and forty-nine Christians, of both sexes, in the eight missions strung along through all that distance. The manner in which pueblos are to be founded is given; each settler to have his building lot and field for planting of two hun- dred varas square, that being supposed to be enough to sow two bushels of grain; and the whole to have com- mons for wood, water, and pasturage; also a certain num- ber of horses, mules, oxen, cows, sheep, chickens, plows, hoes, axes, etc., are to be furnished to each; and the amount of pay-for a settler had his salary for a little while as well as his outfit-his exemptions, and his obli- gations, are all minutely detailed. Of the first, he was to be free for five years from the payment of tithes; of the latter, all the excess of his productions be- yond his support he was required to sell at a fixed price to the presidios, and he should also keep a horse and saddle, carbine and lance, and hold himself in readiness for the service of the King. The building lot
was a homestead that could not be alienated or mortgaged, and descended to the son or daughter if she should be married to a settler who had no lot. After the first five years each settler was required, in recognition of the absolute property of the King, to pay a rental of one-half fanega of grain for his sowing lot.
PATERNAL AND ARBITRARY GOVERNMENT.
The Governors were the representatives of the King, and were expected to see all his orders executed; but the great distance from the central power, and the infrequency and uncertainty of communication virtually gave them despotic authority, under the regulations, and as such it was exercised. Under such a system there was an entire suppression of the feeling of self-reliance, independence, and individual enterprise that make a progressive, wealthy, and powerful people, and continued California and Mex- ico in the back-ground of nations.
A CHARACTERISTIC ORDER.
As a curious instance of the paternal character of the Government the following order of his Catholic Majesty is given. Jacobo Ugarte y Loyola, was the Command- ante-General of the internal provinces, and writes to Pedro Fages, Governor of California :-
ARISPE, April 22, 1787. On the 20th of November last past, his Excellency, the Marquis of Sonora (Viceroy of Mexico) was pleased to communicate to me the following royal order :-
"The Archbishop, Viceroy of Sante Fe (in South America) on the 2d of July last, gave me an account of a remedy, happily discovered by his confessor, against the ravages of the jigger (nigua) in the hot countries of Amer- ica, which consists in anointing the parts affected by the jiggers with cold olive oil, which causes them to die, and the sacs containing them can be easily extracted-which the King desires should be published as a bando (procla- mation), in the district under your government, in order that it may reach the notice of all; and you shall take care that all those who are afflicted with said insect shall use said remedy, which is as effectual as it is simple."
And I insert the same to you in order that you may cause it to be published.
May God preserve your life many years.
JACOBO UGARTE Y LOYOLA.
And so this valuable specific was made known by a public crier and with a roll of drums, all the world over, even here in California, where the troublesome insect is fortunately unknown.
MEXICAN CONTROL.
The military and arbitrary system of government con- tinued under Spanish domination and for two or three years after Mexico's independence was recognized, and until the Republic was established. Then a system of government was organized with California as a Territory with a Governor appointed by the President under the title of "Political Chief" (Gefe Politico), aided by a council known as the Territorial Deputation. At the same time it was proposed to establish town councils (Ayuntamientos), but there appears to have been no town -pueblo-with the requisite number of inhabitants at that time. This was under a decree passed by the Span-
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HISTORY OF SAN LUIS OBISPO COUNTY.
ish courts in 1812, and although then not put in force in California, subsequently became the foundation of the Government. It will be understood that a great revolu- tion had occurred in Spain, and that from 1808 to 1814, Joseph Bonaparte was King, with limited authority.
A REPUBLICAN DECREE.
The decree provided, among other things: -
First-Every town which has no Common Council, and the population of which does not amount to 1,000 souls, and which, on account of the peculiar condition of its agriculture, industry, or population, requires a Common Council, it will make the same known to the deputation of the province, in order that by virtue of this informa- tion they may apply to the Government for the requisite permission.
Second-Towns that do not find themselves in this situation should be united to the Ayuntamientos to which they have hitherto belonged, as long as the improvement of their political condition shall not require other meas- ures, uniting those newly formed to those nearest them in the province, or to those which have lost their juris- diction for want of population. Section Third relates to elections.
Fourth-As it cannot fail to be proper that there should exist, between the government of the towns and their inhabitants, such proportion as is compatible with good order and its better administration, there shall be one Alcalde, two Regidores, and one Procurador-Syndico in all towns which do not have more than 200 inhabit- ants; one Alcalde, four Regidores, and one Procurado in those the population of which exceeds 200, but does not exceed 500 inhabitants; one Alcalde, six Regidores, and one Procurador in those which possess 500 but the population of which does not amount to 1,000 inhabit- ants; two Alcaldes, eight Regidores, and two Procurador- Syndicos in towns having from 1,000 to 4,000 inhabit- ants; and the number of Regidores will be augmented to twelve in those towns which have more than 4,000 inhabitants.
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Fifth-In the capitals of the provinces there must be at least twelve Regidores, and should they possess more than 10,000 inhabitants their number will be sixteen.
This decree, which was a great step toward a repre- sentative government, remained a dead letter until the arrival of General Echeandia, as Political Chief of the Territory of California in 1826, and even he did not promulgate it until 1830. Nothing, however, was accom- plished under it at that time. Governor Echeandia was superseded in 1831 by General Victoria, who suppressed the decree and all efforts toward the secularization of the missions. Victoria, being opposed by a faction of the people, retired from the country, leaving Pio Pico in charge until the arrival of Governor Figueroa in 1832, when the reforms were adopted.
CHANGES OF GOVERNORS.
Figueroa died in 1835 and was succeeded by José Castro (ad interim). During 1836 there were great political disturbances, and Governors succeeded each other rapidly, Nicolas Gutierrez, Mariano Chico, and Nicolas Gutierrez again, all in 1836, settling upon Juan Bautista Alvarado in the same year, when tranquillity was restored, and Alvarado remained Governor until 1842.
LAW OF MARCH 20, 1837.
The Mexican Congress passed a law March 20, 1837, for the organization of the Government of California; making the following officers: Governor, Departmental Legislature (Junta), Prefects and Sub-Prefects, Ayunta- mientos (Town Councils), Alcaldes, and Justices of the Peace. There were also provided a Secretary for the Governor and a Deputy to Congress.
The Departmental Legislature was to be composed of seven individuals to be elected by the people, also seven substitutes to fill the vacancies should any occur. These were to be removed every four years. This body had power to pass laws relative to taxation, public education, trade, and municipal administration. The Legislature was authorized to have a Secretary at a salary not ex- ceeding $1,200 per annum.
The Governor was required to appoint a Prefect in each district, to be confirmed by the General Government and to hold office for four years. It was the duty of the Prefects to take care of the public order and tranquillity in their district, with entire subjection to the Governor. The Prefects were empowered with almost absolute authority over the people, subject to an appeal to the Governor. The Sub-Prefects were the appointees of the Prefects, subject to approval by the Governor. The Prefects had power to impose, by their own authority, a fine of $100 or sentence a person to fifteen days' labor on the public works, and the Sub-Prefect the power to impose a fine of $50.00 or eight days' labor. They were allowed $365 per annum for stationery, and no other salary, but were not prohibited from taking fees.
Alcaldes, Regidores, and Syndicos were to be elected each year, and no one could refuse to serve without just cause. The Alcaldes were given authority secondary and similar to the Prefects. When no Prefect or Sub- Prefect was present the Alcalde would preside and vote at the meetings of the Ayuntamientos, and in his absence a Regidore would take the place in the order of his appointment.
Interior towns of 8,000 inhabitants, the capital, and seaports of 4,000 inhabitants only were allowed Ayuntam- ientos.
Justices of the Peace ( Juez de Pas) were named by the Prefects on the recommendation of the Sub-Prefects of the locality. Any person receiving the appointment of Justice of the Peace was compelled to serve, except for legal cause approved by the Governor or Prefect.
JUDICIAL ORGANIZATION.
On the 23d of May, 1837, the Mexican Congress passed an Act providing for the organization of courts in California. The system consisted of a Superior Tribunal (Supreme Court), Courts of First Instance, and Alcaldes' or Justices of the Peace Courts.
THE SUPERIOR TRIBUNAL
Consisted of four Judges (Ministros) and one Attorney- General (Fiscal), of which Judges the three senior ones composed the first bench (sala) and the junior one the second. The Judges and Attorney-General each received
C. H. PHILLIPS.
THROUGHOUT this history, particularly in the chapter relating specially to the city of San Luis Obispo, the name of C. H. Phillips frequently occurs. There are men whose inventive genius, leading enterprise, and great energy make history while they live and wherever their lot may be cast. Mr. Phillips has thus made history in his endeavors to build the San Luis Obispo Railroad, in his organization of the San Luis Obispo Bank, and in the company to supply the city with water. His extensive operations in real estate have made his name familiar to all the people of the county. With his activity he has made business a success, and advanced all the interests surrounding him. Many people are so dependent on the circumstances of the times that they wait until opportunities have passed before they decide, but Mr. Phillips makes circumstances conform to his desires, and is at once ready to reap all the advantages that may arise. Tall in form, of strong physique, and commanding appearance, he represents the type of energy and force. Such is one of the principal business men of San Luis Obispo.
Chauncey Hatch Phillips is the full baptismal name of this gentleman. He was born in Wadsworth, Medina County, Ohio, July 5, 1837. His father was Nelson Phillips, and his mother Almira Hatch, the first being a native of New York, born in 1807, and the latter of Vermont, born in 1808. The father was of the old pre- Revolutionary stock, of New York, his grandfather hav- ing served in the war for independence, and was taken prisoner by the Indians. Mr. Phillip's mother was a descendant of one of the early settlers of New England, coming from England in the colonial days. In their early married life they were farmers in the State of New York, but became pioneers of the West, locating first in the wilds of Ohio, then at a later day making their home in the lovely land of Wisconsin, by the shores of Fond du Lac. Wherever young C. H. Phillips was in those early days, there he went to school, and wherever he has been through life, there he has been a student, thus fitly claiming an education of the first-class for every rank of social and business life. Removing to Fond du Lac at the age of eight years, he there remained for eight years more, when, at the age of sixteen, he left his home to make his own way in the world. He went to Walworth County, in the same State. With his ambition, he sought the higher plains of life, teaching school, read- ing law, and various pursuits in the way of earning- a livelihood.
In 1862 he returned to Fond du Lac, married, and early in 1864 came by steamer to California, leaving his wife
and child at home. He remained in San Francisco but ten days; then continued his journey to Napa. There he engaged as teacher, opening his school April 4, 1864. His first term was for three months. At first his success seemed doubtful, as he adopted a new sys- tem, which took the people by surprise. But at the end of his term, he had given such satisfaction that he was re-engaged for a term of five months. After this he entered the law office of Hon. Chancellor Hartson to continue the study of the law. In a short time he received the appointment of Deputy County Clerk, under J. Maurice Carter, afterward of Marshall & Carter, of Salt Lake, a noted law firm. After this he was appointed Chief Deputy Collector of Internal Revenue of the Fifth District, by the Collector, Hon. W. C. S. Smith.
This was in the spring of 1865, and was the opening of a business peculiarly adapted to Mr. Phillips, being the handling and accounting for of large sums of money, in transactions requiring the utmost exactness, and pur- suing minute ramifications. He was in the Internal Revenue service five years, till April 1, 1870, and part of the time was also clerk in the bank of James H. Goodman & Co. At one time, while thus employed, he organized a bank at Woodland, Yolo County, but it did not open for business. Mr. Phillips was then appointed Chief Deputy Collector of the Second District, at San José, by Dr. L. H. Cary, the Collector. In the following year the district was consolidated with the First, or San Francisco District, and the office removed to San Fran- cisco. There the office was entirely under the charge of Mr. Phillips, and the receipts aggregated $5,000,000 annually, be having control of this vast sum without bonds, none being then required. Formerly he had given bonds in a large amount, with James H. Goodman, C. Hartson, Judge Crouch, and H. H. Knapp as his sureties. These were men with whom he had been asso- ciated at Napa.
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