USA > California > San Francisco County > San Francisco > San Francisco, a history of the Pacific coast metropolis, Volume I > Part 25
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But while this great valley appealed to the imaginative and tempted the prac- tical to speculate on its possibilities, nearby resources were not overlooked. The great Santa Clara valley and other regions close to the bay were perhaps earlier objects of consideration than the vast tract whose settlement was long delayed, a fact attested by the efforts made at a very early date to provide rail transportation for the thriving region. The land on the peninsula side of the bay, intervening between the City and San Jose, and the valleys south of that city, was also favor- ably regarded and that of the transhay country, comprising the county of Ala- meda, and the timbered regions were all held in esteem, and the day was looked forward to when they would make urgent demands upon the facilities of the port, which were daily being added to, and which those concerned in the City's develop- ment believed would soon rival those of the greatest harbors of the world.
The Great Valley
Some Seeing Men
Far
CHAPTER XXIII TAXATION AND OTHER GOVERNMENTAL PROBLEMS OF THE PIONEER
NATIVE CALIFORNIANS SLIGHTLY TAXED-EXEMPTION FROM TAXATION NOT A BLESSING -ABUSE OF AN INHERITED SYSTEM-THE SPECULATIVE LURE-GENERAL KEARNY AND THE ALCALDES-ALCALDE JUSTICE IN CALIFORNIA-FIRST ALCALDE UNDER THE AMERICAN FLAG-SAN FRANCISCO'S FIRST COUNCIL-THE RUSH TO THE GOLD DIGGINGS-PEACE EASILY KEPT-ORDINANCE AGAINST GAMBLING-COUNCILMEN DESERT THEIR POSTS TO DIG FOR GOLD-NATIONAL AND LOCAL POLITICS-FACTIONAL FEELING-THREE OPPOSING SETS OF COUNCILLORS-MILITARY INTERFERENCE IN CIVIL AFFAIRS-DELEGATES TO THE CONSTITUTIONAL CONVENTION-THE NEED OF REGULATION-A SHORT BALLOT EXPERIMENT IN 1849-VOTE ON ADOPTION OF THE CONSTITUTION-HORACE HAWES A WELL HATED REFORMER-A DEFIANT AYUNTA- MIENTO-HAWES TURNED DOWN.
Production and Taxation
HE adoption of a form of government whose theories com- mend themselves as sound does not always assure the peo- OF ple that they will be well governed. Imperfect laws, ad- ministered by able and honest men are likely to produce 4 SEA OF SAN better results than can be derived from a perfect legal CO system executed by venal and incompetent officials. The Spanish and Mexican inhabitants of California had their affairs conducted for them by officials, during nearly three quarters of a century, without obtaining any special benefits from their services; but on the other hand they were never seriously victimized by the rapacity of those who were placed over them by others, or by men whom they chose to serve them.
It would not be safe to assume, however, that because the Californians nearly escaped taxation that their exemption was due to the wisdom of their rulers or to the excellence of their system and the integrity of those who administered the law. The evidence points to a wholly different cause, namely the failure to produce on a scale calculated to afford a field in which the ingenious and unscrupulous ele- ments of society could successfully and profitably operate. The cynical observation of Governor Alvarado concerning the return of certain moneys to the treasury, which it was supposed had been expended, but through prudent expenditure had been saved, indicates that occurrences of that sort must have been extremely rare for he virtually declared that the case was so exceptional that it deserved com- ment and reward.
The Spanish rule in California terminated in 1823 and the last governor under the crown was made the first Mexican governor. His administration did not give Vol. 1-12
Taxation Light Under Spanish Rule
Spanish Rule Terminated
177 ยท
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perfect satisfaction nor did that of his successors. There were frequent squabbles of a factional sort, the accounts of which sometimes suggest the absurdities of the court of the Duchy of Gerolstein, made famous by Offenbach, but there are no accounts of uprisings on account of excessive taxation or oppression. If the native Californians were oppressed they were unaware of the fact until Ide told them that such was the case in his Bear Flag declaration of independence, the preamble of which recited a formidable list of grievances regarding the nature of which there must have been serious doubts in their minds.
A Cheaply Administered Government
The government of California before the occupation was carried on for a ridicu- lously small sum of money, so insignificant indeed that the figures cast a doubt on their own accuracy. It seems incredible that any sort of an establishment could have been maintained upon the revenues of the territory, which are given at $32,000 in the year 1831. The cost of presidial garrisons, and the salary of the command- ante general and the pay of a few auxiliary troops were the chief charges and they amounted to considerably more than the revenue, aggregating $131,000, or pesos, in the year mentioned, but only $32,000 appears to have been directly drawn from the people; the deficit was made up by borrowing from the fathers, who up to that date reckoned the central government in Mexico as debtor to the amount of $450,000.
Ridiculously Small Revenues
A review of the administrative methods of the Spanish and their successors disclosed why the revenues were so ridiculously small. The native Californians, from highest to lowest, were systematic nullifiers of regulations and paid no re- spect to tariffs. By common consent disregard of the laws relating to taxation was counted a virtue, and evasion was more honored than disposition to pay. Smug- gling was conducted with such openness that it was impossible to corrupt an offi- cial. When a whole community joins in a practice offenders cannot be singled out for punishment. In such cases it is the part of wisdom to ignore what cannot be prevented, and this was a policy adhered to by both Spanish and Mexicans with sufficient closeness to make the exceptions stand out as acts of oppression, which the people, who had become unaccustomed to contributing anything to the support of government, really believed they were.
Exemption from Taxation not a Blessing
If exemption from taxation could be considered a blessing the native Califor- nians would be regarded as a blessed people, but modern enlightened opinion holds to quite another view, and justly considers that to be the best government which can extract the largest revenue and expend it for the benefit of those from whom it is drawn. It is not apparent, however, that the pioneers entertained this ad- vanced opinion. They appear to have been influenced very largely by the preva- lent belief of the period, that the best governed community is the one that is taxed the least, and doubtless adherence to that idea played its part in causing the ready acceptance of the suggestion that the existing system should be continued without any material modification or change until the necessity for it should arise.
Adherence to Ancient Customs
As a result, during the first years after the occupation of California, Americans living in Yerba Buena were content to adhere to the ancient customs. They were not, however, voluntarily adopted, but were imposed upon them by the military authori- ties who, after a conquest, never display celerity in the matter of acceptance of popular rule. It was deemed wise by those in command that the institutions of the country should be maintained so far as possible until the central government should put machinery in motion that would give the people something better.
Copyright, 1910, by M. Bebrman.
NORTH BEACH AS IT APPEARED IN 1851
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The project seemed to be in accord with those conservative instincts usually justified by the assumption that the slow course is the safest; but in this instance the belief did not work out in practice. It is hardly conceivable that any system adopted by a sane body of Americans could have produced as much mischief as was entailed by the retention of the alcaldes whose powers, when they came to be exercised by men animated by the desire for gain, were abused in some cases and in others injudiciously asserted under the mistaken impression that the community would be benefited.
The early critics of the system assert that under the Mexican law the entire con- trol of municipal affairs was intrusted to the alcalde, and that lie administered justice according to his own ideas, the only limitation on his power being his abil- ity to carry his decrees into effect. It was perfectly safe to intrust the average Spaniard or Mexican with extensive authority, for they lacked the energy, even though they may have possessed the inclination, to abuse their power. It has been related that during the long interval between the successful Mexican revolution and the American occupation of California very few lots were asked for and granted in the pueblos, and that in some cases after grants had been made and accepted by individuals they abandoned them.
There was a very speedy change when the "gringo" took hold of affairs. The results have hitherto been variously regarded, but no matter what success may have attended the vigorous efforts to energize a dormant community and start it on the road to progress it will never be contended that the means adopted to effect the purpose were scrupulously conceived or carried out. Nothing is plainer in the history of San Francisco than the fact that the Americans and other people first on the ground were convinced that Yerba Buena should be speedily settled, and that the best way to accomplish that object was to put the land in possession of people who would occupy or make use of it, and thus promote the public good. The the- ory was sound, but the absence of effort to compel those who were permitted to buy land for a song to make use of their purchases opened wide the door to specu- lation and the grossest forms of fraud.
One of the first acts of Commodore Sloat was to issue a proclamation promising the people that they should be governed by officials of their own choosing. It was accompanied by a prediction which seems to point to the existence of a strong specu- lative spirit, which he desired to make use of to attract native Californians to the new government. He said that the undoubted effect of the change would be to enhance the value of real estate. His opinion was certainly shared by all Amer- icans, who knew by experience that land is valueless until it is made use of and a demand for it created. The native, however, profited little by his advice, which practically amounted to an admonition to get land, and they seemed to be even less concerned to exercise the privilege of choosing their alcaldes.
Sloat's proclamation was issued on the 7th of July, 1846, and in August an election for alcalde was ordered for September 15th. There were several candi- dates in Monterey, but the total vote cast was 338, and the successful man received only 68, which gave him a plurality over his competitors. But while the naval branch thus liberally accorded the people the right to choose their own rulers, the army was not disposed to relinquish any authority. General Kearny very soon intervened, doubtless influenced by the belief that the alcaldes had too many pow- ers conferred upon them. The author of a history of California has told us what
Abnse of an Inherited System
Town Lots not in Demand by Natives
The New Settlers Eager for Real Estate
Commodore Sloat's Prediction
The Proclamation of July 7, 1846
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they were at the time. He says that "the office of the alcalde of Monterey involved jurisdiction over every breach of the peace, every crime, every business obligation and every disputed land title within a space of 300 miles. To his court was an appeal from every other alcalde's court in the district, but there was none from it to any other tribunal." The alcalde was in effect supreme, and "there was not a judge on any bench in the United States or England whose power was so absolute as that of the alcalde of Monterey."
Arbitrary Acts of General Kearny
These extraordinary powers must have resulted in working an injury to the commonwealth had they been permitted to endure for any considerable period, and therefore the critic hesitates to characterize as an act of unjustifiable usurpation the arbitrary performance of General Kearny, who promptly assumed control over the magistrates and removed them at his pleasure. He did not always proceed with that respect for civil authority now demanded and occasionally took a course which would in these days cause a flame of indignation throughout the land. His method of dealing with John H. Nash, the alcalde of Sonoma, illustrates his arbi- trary propensities. When he apprised Nash that he was dismissed the latter re- sented the dismissal and threatened to invoke the assistance of his friends among the Bear Flag party. The general settled the question by kidnaping Nash, Lieutenant W. T. Sherman, afterward the general of the armies of the United States, acting as kidnaper and carrying him to San Francisco, from whence he was removed to Monterey to prevent his giving further trouble.
The Alcaldes Regulated
Not only did Kearny thus effectively regulate the alcaldes, he also exercised the functions which from the beginning must have been regarded as more important than the administration of justice. As already related he attempted to make grants of land on the water front of San Francisco. On March 10, 1846, he issued a decree, in which he granted to the people of San Francisco by virtue of his author- ity as governor of California, all the right, title and interest of the government to the beach and water front lots on the east front of the town between Rincon Point and Fort Montgomery, except such as should be selected for the use of the United States.
Alcalde Justice
The first settlers of Yerba Buena were perhaps justified in thinking lightly of the judicial side of the alcalde's administrative duties. Law and justice was dis- pensed by them very much after the manner of the Oriental cadi until after the Americans came. That this mode was perfectly satisfactory to most of the native Californians is proved by the tenacity with which they clung to alcalde law in the lower part of the state down to very recent times. It is related of a major domo of the estate of Don Juan Foster in San Diego county, who was repeatedly elected as justice of the peace in San Juan Capistrano, that he invariably gave the natives who came before him to have their disputes settled the choice of statutory law or his own, and that they always chose his, which, in their minds, stood for common sense, and was not complicated with intricacies they could not comprehend.
First American Alcalde
But the complexities introduced by the newcomers would not permit the con- tinuance of this simple method of dispensing justice. Washington A. Bartlett, the first alcalde under the American flag, was able to get along with the system, but one of his immediate successors, George Hyde, was compelled to call for the assist- ance of an ayuntamiento. He selected six persons to act in that capacity, but his action did not meet the approval of Mason, who issued an ordinance in which the necessity of providing an efficient town government was dwelt upon. Among the
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reasons assigned was the rapid growth of the town and the fact that the expected advent of the whaling fleet would make its policing necessary.
In accordance with Mason's ordinance an election was held on the 13th of September, 1847, and William Glover, William D. Howard, William A. Leidersdorff, E. P. Jones, Robert A. Parker and William S. Clarke were elected. Hyde at- tempted to have his selections endorsed and an opposition ticket was put in the field for that purpose but only two of his appointees, Leidersdorff and Parker, were elected. The highest vote received by any of the six successful candidates was that of Glover, for whom 126 ballots were cast. William S. Clarke received only 72 votes. Leidersdorff was chosen treasurer.
There are no signs of increased efficiency in the records of this first council, one of whose earliest acts was the rescinding of the regulation restricting the sale of lands. While the bars were thus thrown down to speculation no harm ensued directly, because the speculative element was too small at the time to be very mis- chievous. The administration of Hyde was attended with much dissatisfaction and he resigned on that account, not, however, until complaints were made against him which caused Governor Mason to institute a formal inquiry, the result of which did not disclose anything sufficiently grave to warrant his removal. Hyde's place was filled by Dr. J. Townsend, who was sworn in on the 3d of April, 1848, and was in office when the gold rush began.
The second election took place on October 3, 1848, when Dr. T. M. Leaven- worth, who had been elected on the 29th of August as first alcalde, was again chosen. At the same time B. R. Buckalew and Barton Mowrey were chosen coun- cilors. There were 158 votes polled at this election, a number suggestive of indif- ference to public duty, but the smallness of the vote is accounted for by the fact that there had been an exodus to the newly discovered placers. Its extent may be measured by the fact that in May the "Californian" was obliged to issue a fly sheet instead of its regular publication in order to announce that it would be necessary to suspend as the printers had gone to the diggings, an example which was promptly followed by its rival the "Star."
It is not surprising that under such circumstances the councilors abandoned the duties they had been elected to perform. The temptation of enormous rewards to be obtained in the gold field proved irresistible, and for several months no meeting was held by them. The result was unfortunate for the prestige of civil authority, for it involved the necessity of the governor making a direct appeal to the people to assist in the apprehension of deserters from the army and navy who were abandoning their commands and ships. The request, however, bore no fruit. Nobody seemed to think that he was called upon to keep men from participating in the opportunity to get rich quickly even if obligations were violated and the public interests thereby jeopardized.
Up to the time of the gold discovery the course of events in San Francisco had not been attended by much excitement of any sort except that growing out of the possibility of getting hold of desirable property cheaply. As already noted the citizens seemed so engrossed in their personal affairs that Governor Mason was impelled to remind them that an efficient government was required in order to insure the policing of the town. The possibility of an influx of whalers suggested that something of the kind would be necessary to keep the sailors in order while in port, but there was no apprehension of trouble from any other quarter.
San Francisco's First Conneil
Throwing Down the Bars
A Small Number of Voters
Authorities Desert their
Posts
A Vegetating Community
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If the whalers proved a troublesome element the fact has not been recorded. There is evidence that they were not difficult to deal with, for we find that in 1849, when the population had increased to fully 5,000, the only police protection was that afforded by six constables, utterly undisciplined, and no more effective than a like number of men performing the duties of peace officer in an interior village. If the sailors or other classes in the growing seaport were turbulent no special effort was made to keep them within bounds. There were very few disturb- ances during 1847 requiring the active intervention of the authorities, and that probably excused the failure to make ample provision for maintaining the peace, when the necessity arose in 1848, as it did soon after the gold rush began. There was as much indifference on this point then as during the interval when the most serious troubles were those which grew out of over-indulgence in aguardienti. and the disputes of the gamblers and their patrons.
Council Attempts to Stop Gambling
On January 11, 1848, the council had passed an ordinance in relation to gambling, but it was less designed to repress the evil than to create a source of revenue for the town. It provided that all the money found on gambling tables should be seized and turned into the treasury. Its effect was to indirectly license the practice of public gambling, which had been so prevalent in California before its occupation by the Americans. It proved absolutely ineffective so far as re- straining it was concerned, but it did produce a feeling of irritation among the considerable class who regarded interference with the monte table as an infringe- ment of personal liberty.
The City Limits
At the time of the election of Leavenworth as first alcalde, the limits of the town for judicial purposes embraced a small area. They were within boundaries described by a line commencing at the mouth of Guadalupe creek, following its course to where it emptied into the bay, and from thence west to the Pacific, thence north along the coast to the entrance to the harbor, thence eastwardly through the middle of that inlet to the bay, including the whole of the anchorage ground. Marked out on the map of the City of to-day this seems but a comparatively small space, but it soon taxed the abilities of the newly created authorities to keep peace within its limits.
Prevalence of Crime
Perhaps had the councilmen remained at their posts the troubles which speed- ily arose might have been averted, but disorder gained ground rapidly and dissat- isfaction manifested itself. Public meetings were held to urge the necessity of establishing a provisional government because of the growing prevalence of crime. As is usual in all such public movements the system rather than the administrators was held responsible, and it was believed that a speedy remedy would be found in abandoning the Spanish-Mexican methods and resorting to those to which the dissentients had been accustomed in their old homes. Much stress was laid upon the neglect of congress and resolutions were passed by gatherings in December, urging the holding of a general convention in the following March. Meetings were held in other parts of the state, at which resolutions of like tenor were adopted.
National and Local Affairs
At the period we are speaking of it was the fashion to subordinate everything political to what was conceived to be the most important issue. National, state and municipal affairs were inextricably bound together, and the determination of inconsequential as well as important local matters was dependent on the attitude of the people of the various communities towards the institution of slavery. It was not always possible to distinguish the effects of the injection of partisan prej-
Police Protection
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udice into local affairs, but a searching analysis of the moving causes that produced dissension almost invariably discloses that no dispute, however trivial, was wholly dissociated from national politics.
California was more afflicted in this regard than any other part of the country during the decade preceding the Civil war, and in the early Fifties it was a battle ground on which the advocates of the extension of slavery, and those opposed to the institution fought with varying success. The adoption of a constitution, in which the part of freedom was boldly taken and maintained, by no means settled the dispute. California unequivocally declared against slavery and took its posi- tion as one of the free states, but the Southerners, who had entered the country in large numbers, refused to abide by the decision of the constitutional convention.
It is due to this incessant conflict that there was so much division of opinion on local matters in San Francisco, and to the evil influence of the overshadowing importance of the national issue may be traced many of the troubles to account for which contradictory explanations have been given. It is improbable that the men who on two occasions exhibited their ability to absolutely control the lawless elements of San Francisco would have found it difficult to preserve the peace if they had not been divided by the burning question of the day. It was solely owing to this division that extra legal methods had to be resorted to in order to save the City from the rule of the mob. The ordinary machinery of government had been taken possession of by men engrossed by one idea, and who could not find a point of contact which would permit them to act in unison with others on questions purely local, while the control of the ballot box, the courts and the legis- lature was necessary to carry out their larger aims.
It will be seen that men who were utterly unable to come together to use the machinery provided for the purpose of giving effect to American theories of gov- ernment, could strike hands and work shoulder to shoulder for a common cause when that machinery was discarded. But until they did so every question of municipal government was directly or indirectly influenced by national politics. To the complications thus introduced are attributable the difficulties growing out of the selection of bad men for municipal positions; men who usually owed their success in securing office to the division of the forces of those who would naturally stand for good government and the indifference of those who were too busily en- gaged in trying to advance their own fortunes to concern themselves very much about the methods adopted by others to achieve their purposes.
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