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 17
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In the fall of 1871 he sought a new home in San Luis Obispo, and proceeded to organize a bank for that place, which until then had no such institution. In this he was associated with H. M. Warden. The bank was opened for business on the 13th of December, 1871, and continued successfully in business as a private insti- tution until October 15, 1873, when it was merged into a corporation, styled the Bank of San Luis Obispo, with a capital stock of $200,000. The incorporators were C. H. Phillips, H. M. Warden, E. W. Steele, George Steele, P. W. Murphy, J. P. Andrews, Hugh Isom, D. W. James, M. Gilbert, John Harford. Wm. L. Beebee, James H. Goodman, and I. G. Wickersham. H. M. Warden was President and C. H. Phillips Cashier, and
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BIOGRAPHY OF C. H. PHILLIPS.
the organizer without the knowledge of any but the cor- porators. Mr. Phillips was Cashier four years, then President one year, and was its manager at all times.
In the history of the bank are many interesting inci- dents, but a few of which will illustrate the character of the manager. In August, 1875, came the great revulsion, and the failure of the Bank of California, then the financial dictator of the Pacific Coast. All ordin try banks feel as if they must succumb, and sus- pend payments in such cases, spreading the ruin. Mr. Phillips did nothing of the kind. The news of the fail- ure of the Bank of California was received by telegraph. Any nervousness or exhibition of fear would have been taken as evidence of weakness, and would have caused a panic, a run, and failure. But Mr. Phillips at once posted a notice that all demands would be paid, and met his customers with perfect coolness and reassuring confi- dence. This averted a panic, and saved the bank. A few of the wealthy depositors stood by him manfully. R. E. Jack had on deposit $18,000. This was told, and he declared his confidence in the bank and that the money should stay. Nathan Goldtree had $10,000, which he at first proposed to withdraw, but the explana- tions of Mr. Jack and the coolness of Mr. Phillips reassured him, and he allowed it to remain.
Mr. Phillips' residence was, in 1878, in the northern part of the city at some distance from his neighbors.
On the Ist of April, 1878, at about 8 o'clock in the evening he was called to the front door, where he found a suspicious-looking character, who invited him to come out. This Mr. Phillips declined, and was stepping back into the house, when the villain caught him and struck at his breast with a large knife. A struggle ensued which was witnessed by a young daughter of Phillips, there being a bright light in the hall shining out of the door. Mr. Phillips at last escaped and closed the doors, and the robbers decamped. Several had been seen, but two had been so closely observed by himself and daughter that a description was given by which they were subse- quently arrested and convicted. The robbers, as that was proven to be their business, and robbing the bank their intention, were two Mexicans, one Frenchman, and one Swiss.
In October, 1878, he retired from the bank after being five years its manager, during which it had paid its stock- holders $100,000 in dividends. It had a credit of $50,- ooo in San Francisco.
After leaving the bank he engaged in the business of real estate and insurance agency, which, with a few experi- mental episodes, he has continued to the present, making a grand success. The present style of the firm is C. H. Phillips & Co., being associated with Mr. P. H. Dallidet, Jr., a young gentleman, a native of San Luis Obispo, and who for four or five years was a deputy in the office of the County Clerk.
The transactions of Mr. Phillips, both before and after his association with Mr. Dallidet, have been very large. In 1875 he was the purchaser of the Morro y Cayucos Rancho of 8, 100 acres, but the title was not then satis- factory, but at a subsequent date the title was perfected
and the land sold on terms very satisfactory to all. The town of Cayucos was laid out in 1875 under Mr. Phillips' supervision, and he gave broad and straight streets, one of which, Ocean Avenue, is one mile in length and 100 feet in width.
In May, 1882, he made arrangements with Steele Brothers to sell for them their lands on the Corral de Piedra, Balsa de Chemissal, Arroyo Grande, and Pismo Ranchos, and these lands were sold at good prices. In September, 1882, he bought the Corbitt tract of 1,900 acres for $8,000, and sold it in ninety days for $16,000. In 1883 he took the San Miguelito Rancho to sell, and many other large transactions are recorded. His busi- ness has been so successful that from June, 1882, to April, 1883, his profits aggregated $30,000.
Mr. Phillips, although so absorbed in business, takes much interest in politics and public, educational, and social affairs. In 1879 he received the nomination by the Republicans for the position of Railroad Commissioner for the Third District of California. He was opposed by Gen. George Stoneman, nominated by the Working- men's Party, by the New Constitution Party, and by the Democrats. As an example of how outside, or class parties, are governed by principle is shown the fact that the Prohibition Party, professedly temperate, indorsed the nomination of General Stoneman, who was openly opposed to their principles, and rejected Mr. Phillips, a strictly temperance man. With the strange combinations against him Mr. Phillips was defeated. In 1879 he commenced the publication of the Advocate, a newspaper which he edited and conducted with ability for nearly one year, when he sold it. He has occupied many posi- tions of public trust and influence, being for four years a member of the Town Council and part of the time Pres- ident, during which many important improvements were made in the city, building the bridges over San Luis Creek, etc. He has also been school trustee and Presi- dent of the Board of Education, in all instances being the active power of the different bodies of which he was a member.
Mr. Phillips is a member of the Masonic Order, of the Independent Order of Odd Fellows, of the Chosen Friends, and of the Knights of Pythias. In religion he is a member of the Presbyterian Church, and in politics a Republican.
He has a very interesting family of wife and seven children, one being married and residing with her husband, Mr. Sperry, on the Arroyo Grande, and the others occupying their splendid home in the suburbs overlooking the city of San Luis Obispo. Mr. Phillips was married at Fond du Lac, January, 18, 1862, to Jane Woods, a native of Vermont. Their children are Mary Woods Phillips, now Mrs. Sperry, born at Fond du Lac, Wisconsin, January 10, 1863; Jane, born in Napa, Sep- tember 17, 1867; Eliza, born in Napa, August 29, 1869; C. H., Jr., born in San Francisco, August 28, 1871; Josephine, born in San Luis Obispo, January 24, 1874; Chester D., born in San Luis Obispo, September 10, 1876; and Nelson Burnham, born in San Luis Obispo, Septem- ber 15, 1881.
61
EARLY GOVERNMENT OF CALIFORNIA.
a salary of $4,000. The second bench took cognizance of the first appeals, and the first bench of the second appeals. When a prisoner asked to be heard, one of the Judges having cognizance of the case was required to go and hear what he had to say and report to the corre- sponding bench.
Legal proceedings were simplified in California. There were but few law books in the country. The principles of the civil law were applied, however, in the adjudication of causes that came before the juezes de primera instancia- District Judges. The jurisdictional limits of the Court of First Instance of this district extended from the Santa Ynez River to the Nacimiento.
COURTS OF FIRST INSTANCE
Were established by the Governor and Legislature on the recommendation of the Superior Tribunal, in the chief town of each district. Each court was required to have a Clerk, Recorder, and an executive officer. The salary of the Judges was fixed at $1,500 with stipulated fees. The court had jurisdiction in all suits for money when the sum exceeded $100, and in all criminal cases except for trifling cause. Clergymen and military officers were priv- ileged classes and subject to other laws.
ALCALDES' AND JUSTICES OF THE PEACE
Courts had cognizance of cases where the amount in dispute was less than $100, and for trifling offenses. They were required to conciliate those in dispute. The plaintiff and defendant, or the accused and accuser, were each to bring his arbitrator (hombre bueno), who should be a citizen in the exercise of his rights and had completed the twenty-fifth year of his age, and these, with the Alcalde, or Justice of the Peace, constituted the court of conciliation. When they had been made acquainted with the case, they retired to hear the opinion of the ar- bitrators, after which, or within eight days, the Alcalde, or Justice of the Peace, made his decision. By custom, these arbitrators usually consisted of three or five men. It was equivalent to a trial by jury.
Spanish and Mexican laws contemplated the restric- tion of the powers of the Alcaldes within reasonable limits. But it was common with them, in the remote provinces to act arbitrarily, and then justify their conduct, upon the plea of necessity. "Your Excellency," inquired the Alcalde of one of the Governors, "how shall I administer the law in my pueblo ?" "Administer it," answered the Governor, "in accordance with the principles of natural right and justice." The local bandos, or laws, were en- acted by the Ayuntamiento and executed by the Alcalde.
Although the law authorized the establishment of courts there never was a Superior Tribunal in California, and no Judges of the First Instance before the order to elect such by General Riley, Military Governor, in 1849.
ALVARADO GOVERNOR.
The rapid changes of Governors in 1836, and incidents pertaining thereto, have been mentioned in previous pages. Juan Bautista Alvarado was the Governor's Sec- retary in 1836, or Secretary of State, and as such, if not really the principal officer of the Government, had
much to do with Governmental affairs. He was also a native Californian, while the Governors Chico and Guti- errez were natives of Mexico, and there existed here a strong party opposed to the appointment of a Governor from a distant part of the Republic, also in favor of a native holding the office, and the foundation of a sovereign State.
There were at the same time quite a number of Amer- ican and other foreign settlers in the region about Mon- terey and north of that point, who were believed to be ready to assist the Native Californian party. This feeling had been excited by the tyranny of Chico, and was brought to an active demonstration by the order from Gutierrez to arrest and imprison Alvarado for alleged in- subordination. The cause is stated to have arisen from a dispute in regard to the stationing of watchmen about a ship which was landing dutiable cargo. Various rea- sons are given for the dispute. The question was a matter of etiquette, or rather, the prerogative of the Governor, as chief of the department in collecting the customs duties on imported merchandise. Alvarado regarded it as interfering with his duties, and as an ex- pression of suspicion of his honesty, and therefore objected to the stationing of a guard. Some say the dispute arose in regard to the division of the bribe- money paid by the ship to pass its goods through the Custom House-that Alvarado and his associates had usually absorbed all, but that now the Governor, either for himself or the Mexican Government, wished to col- lect the duties according to law.
EXORBITANT TARIFF FOR REVENUE.
The legal duties were almost equivalent to a prohibi- tion of imports, and many subterfuges were resorted to in order to obtain foreign merchandise, and at reasonable rates.
One, as related by Mr. Dana, in his "Two Years Be- fore the Mast," was to bring into Monterey a small vessel, have its cargo inspected, and pay the duties and then grant a permit to land the goods at Santa Barbara, San Pedro, or other point on the coast. That after landing a portion the vessel would sail out to one of the Santa Barbara Islands, or other secluded spot and replenish her stock from a larger ship that had brought the cargo from the Sandwich Islands, China, or elsewhere, and, return- ing to its port, continue discharging. In this manner, by neglect of the officers to collect, and by bribery, were the Californians enabled to get necessary foreign goods at reasonable rates. There appears, therefore, some just grounds for irregularities. During this period Mexico was in a constant ferment of revolution, and the ambi- tious and rapacious politicians of that country used every endeavor to extort money from the people, and the Cali- fornians, the missions, and the "Pious Fund" were made to suffer. These demoralizing influences spread official corruption through every branch of Government, and permeated all branches of business.
AMERICANS AID ALVARADO.
The arrest of Alvarado was not effected, as he fled to the cabin of Isaac Graham, who resided near the mission
62
HISTORY OF SAN LUIS OBISPO COUNTY.
of San Juan Bautista, and there maintained an illicit dis- tillery, there told his story, and an insurrection was agreed upon. Fifty American and foreign riflemen joined the insurrection, and were afterward joined by 100 Califor- nians under José Castro, and these marched upon Mon- terey. The Governor, with more than twice the number of soldiers (some authorities say 600) composing the in- surrectionary party, fled from the nearly dismantled cas- tillo, and shut themselves up in the Government House in the presidio. This was taken possession of by Gra- ham and his party, and a parley ensued. Alvarado de- manded the surrender of the Governor and the Govern- ment, which was haughtily rejected. After thus parleying for two days, the foreigners becoming impatient, Graham, who was Captain, directed Coppinger, an Englishman, who had been elected Lieutenant, to fire a four-pound cannon shot at the Governor's quarters. This produced a decided consternation, as the ball wentcrashing through the tiled roof of the building, and brought matters to a crisis. A Mr. Young, a foreigner who had not taken part in the insurrection, rushed into the Governor's house and advised a surrender, assuring the besieged, that, although they might in battle slay many of the besiegers, they would, in all probability, be mostly massacred. A surrender was agreed upon, and the schooner Clarion, of New Bedford, was purchased; the Mexican officers were shipped to San Blas, and Alvarado became Governor.
THE PROVISIONAL GOVERNMENT OF 1837.
California thus became an independent State of the Republic, although not at once recognized as such by Mexico. The feeling to make it a sovereign State was universal throughout the country, also the demand for the reduction of duties on imports. Shortly after the surrender of Gutierrez, the Mexican officers in the coun- try, the Californians, and the foreigners, assembled at Monterey and passed the following manifesto as the basis of a Provisional Government :-
Ist. Upper California is declared to be independent of Mexico during the non-re-establishment of the federal system which was adopted in 1824.
2d. The said California shall be erected into a free and governing State, establishing a congress which shall dictate all the particular laws of the country, and elect the other supreme powers necessary, declaring the " Actual Most Excellent Deputation Constituent."
3d. The religion shall be Roman Catholic Apostolic, without admitting the exercise of any other; but the Government will not molest any persons for their par- ticular religions opinions.
4th. A constitution shall regulate all the branches of the administration "provisionally," in conformity as much as possible with the expressed declaration.
5th. Until what is contained in the foregoing articles be put in execution, Señor Don Mariano Guadalupe Vallejo shall be called to act as Commandante-General.
6th. The President of the "Most Excellent Deputa- tion " shall pass the necessary communications to the Territory.
CARRILLO APPOINTED GOVERNOR.
The Mexican Government did not acquiesce in these summary proceedings, but, wishing to mollify the inde- pendent Californians and at the same time maintain its
authority, appointed as Governor Don Carlos Antonio Carrillo, a native of the country. The people of the southern part of the State, who had not been called upon to take part in the revolution and the formation of the new Government, were probably jealous of the supremacy of the north, and were inclined to support Carrillo as Gov- ernor. This gentleman is remembered as one of the most amiable and hospitable of the native Californians, ambitious of the title of Governor, but lacking the energy and force of character displayed by his nephew, Alvarado, and his Lieutenant, Castro, of the farther north.
CAMPAIGN AGAINST CARRILLO.
Carrillo had sent a messenger to Monterey ordering Alvarado to lay down his arms under penalty of bringing down upon himself the wrath of the great Republic of Mexico.
Alvarado, in answer, accompanied by Castro and the grand army, which included a hundred of men, Gra- ham's riflemen being of the party, set out at once to overrun the southern country and capture the opposing army. Carrillo, with his forces of supposed equal num- bers, was at Santa Barbara. Alvarado and his army appeared on one side of the town and Carrillo and his men rode out on the other. Each party then exhibited for the benefit of the other some fine feats of horseman- ship, sometimes riding towards the town in fierce charges and then returning to their rendezvous on the hills. If any guns were fired, probably the one shooting was more frightened than the opposing party was hurt. Thus the battle raged for a few days, when it was reported that Alvarado had received a recruit, his army then outnumbering the other by one, and against such odds it was useless longer to contend. Both parties then entered the town and fraternized, and celebrated the occasion by a grand fandango.
Such is the legendary account given of the campaign, but in Farnham's book on California he states that "Don Carlos Antonio Carrillo, finding that Alvarado's army numbered 104, while his numbered but 101, he fled to the mission of San Buenaventura, where, after a terrible siege of four days, in which one of the besieged was killed and one of the besiegers wounded, the Don capitulated, and that the fraternizing was such that the people of the town could not tell, and never did know, who surrendered; that Alvarado proceeded to Los Angeles and subjected the whole country to his sway."
CUSTOMS IN 1840.
A few items from Mr. Farnham's book are given as indicative of the customs and business of those days :-
The first duty, on setting foot in California, is to report one's self to the Governor, and obtain from him a writ- ten permission to remain in the country. This I pro- ceeded to do. Mr. Larkin was obliging enough to ac- company me to the Governor's residence. We found before it a number of men who were usually complimented with the cognomen of "guard." They consisted of five half-breed Indians, and what passed for a white Corporal, lounging about the door in the manner of grog-shop savans. The outer man is worth a description. They wore raw bull's-hide sandals on their feet, leathern
63
BIOGRAPHY OF JOHN M. PRICE.
breeches, blankets about their shoulders, and anything and everything upon their heads. Of arms, they had nothing which deserve the name. One made pretensions with a musket without a lock, and his four companions were equally heroic, with kindred pieces, so deeply rusted that the absence of locks would have been an unimpor- tant item in estimating their value.
APPEARANCE OF ALVARADO.
Governor Alvarado is represented as a well-formed, full- blooded California Spaniard, "five feet eleven inches in height, with coal black curly hair, deep black eyes, fiercely black eyebrows, high cheek-bones, an aquiline nose, fine white teeth, brown complexion, clad in broad- cloth, and whiskers."
VISIT TO THE ALCALDE.
The Alcalde was at home, or rather in his adobe den, for there is neither a home nor the semblance of it in all the Spanish world. He was taking his siesta, or mid-day nap, on a bull's hide in the corner of the apartment. The dog, which had barked us into his presence had awakened him, so that when we entered the room, he was rolling his burly form toward a chair. After being well seated, and having, with some difficulty, brought his eyes to bear upon us, he was pleased to remark that the weather was fine, and that various other things existed in a defined state; "that his dog was very fat; the bean crop gave good promises; the Hawaiian Islands were ten miles from Monterey; the Californians were very brave," etc.
The following permit to remain on shore as long as his health required, took one hour and a quarter's time to write ?---
Mr. Thomas J. Farnham, passgero en la barca Ameri- cana Don Quixote, habiendama manifesta do el pasporte de su consul y queriendo quidar en tierra a (vertarblesse) en su salud le doy el presente bolito de des aen en barco en el puerta de Monterey !! ANTONIO MA. ORIO.
A. 18 de Abril de 1840.
Alvarado, having powerful allies in the foreigners who had placed him in power, maintained his position for quite a lengthy period for California Governors. But these foreigners began clamoring for him to fulfill his promises to them, and in April, 1840, he caused their arrest, the history of which is related in the following chapter devoted to the biographical sketch of John M. Price, who was so unfortunate as to be one of the pris- oners. These were sent to Tepic, but soon returned and were not again molested.
CHAPTER IX. BIOGRAPHY OF JOHN M. PRICE.
John Michael Price-Sails for the Pacific-Arrives in California- Lands to Kill Sea Elephants-Runs from the Ship-Kind Treatment at Colima-An Opportunity to go to California- Safe in Monterey-Making Him Their Prisoner -- The Graham Insurrection -- Sketch of Graham -- Arrested by Alvarado -- The Prisoners Sent to San Blas-Alvarado's Cruelty-The Prison- ers at Santa Barbara-Alvarado's Short-lived Triumph-Alva- rado's Incentive-Justice Accorded the Prisoners-Fremont Appears-Gold Mining-Public Services-A Celebrated Case -Marriage and Family.
OHN M. PRICE was one of those whom fate in its waywardness snatched from misfortune and dis- tress and cast, apparently helpless and deserted, upon this peaceful shore, where wealth and honors and happiness were to reward his future efforts. Born in Bristol, England, September 29, 1810, and growing up in that seaport town, he found the most available vocation for a boy without a fortune to be that of a sailor. When but fifteen years of age he became a sailor boy, going on a three-year voyage as a whaler in the Southern Ocean.
SAILS FOR THE PACIFIC.
Returning. from his first voyage, after a brief stay on shore he shipped on the bark Kent, Captain Lawton, for the South Sea, as the Pacific Ocean was then called, again in search of whales. On this vessel was a hard master, and the life of the sailor was not a happy one. An adventurous youth who had made the acquaintance of the world in the seaport town of Bristol, and at eighteen was on his second voyage along the pleasant shores of the Pacific, was not the one to submit tamely to the brutalities so commonly reported of sea captains. Although he was exacting of his men, working them severely, and very rough, he was considerate of their health, and in case of accident was energetic in their protection.
ARRIVES IN CALIFORNIA.
The Kent, sailing along the Spanish coast of South America and Mexico, entered the harbor of Monterey. There three sailors deserted, whose names, Mr. Price thinks, were Thomas Cole, Wm. Malthus, and Anderson. A few kanakas were obtained, but the bark sailed away, short-handed, for the coast of Lower California in search of whales, and sea elephants, or whatever yielded oil.
LANDS TO KILL SEA ELEPHANTS.
While sailing close to land along the coast of Lower California, large numbers of sea elephants were seen on the shore; as Mr. Price says, " millions and millions of them." Four boats with men were sent on shore to kill the elephants for their blubber, but the boats capsized in the surf, losing most of the implements, and one man drowning. With such implements as they could get the slaughter began, and an immense number were killed and the blubber heaped in great piles like hay-stacks. The ship sailed off and on for a week or more, making repeated efforts to aid and rescue those on shore. At
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HISTORY OF SAN LUIS OBISPO COUNTY.
last a kanaka swam through the breakers with a line, and a boat was pulled through.
An effort was made to get the blubber to the ship, but the sharks were so numerous and so voracious that they tore it from the lines, and the work was abandoned until the vessel could go to some Mexican port and obtain a supply of fresh water and wood. The bay of Manzanillo was the port sought. It was then a wild, uninhabited region. On the southern shore of the bay was a hut where the Custom House officer stopped when at the port. The city of Colima was at some unknown distance inland.
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