USA > California > San Francisco County > San Francisco > The annals of San Francisco; containing a summary of the history of California, and a complete history of its great city: to which are added, biographical memoirs of some prominent citizens > Part 19
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MUNICIPAL AND STATE GOVERNMENTS.
government, to the first Monday of August, and that the place of meeting be Monterey, instead of San José.
MARCH 31st .- The Pacific mail steamship " Oregon " arrived with about three hundred and fifty passengers, among whom were Col. John W. Geary and family. Col. Geary had been appointed postmaster for San Francisco, with powers to create post-offices and appoint postmasters throughout the territory ; also to estab- lish mail routes and make contracts for carrying the mails. He was the bearer of despatches from the United States Government to the commanders of the military and naval forces on the Pacific, and brought with him the first regular mail from the Atlantic States that was opened in San Francisco.
APRIL 13th .- Order issued by Brigadier-General Bennet Riley, announcing that he had assumed command of the tenth military department of the United States, and the administration of civil affairs in California.
JUNE .- For the last six months, and particularly during the last two, the public events of most consequence to San Francisco resolve themselves into two divisions, viz. : the appointment of proper district and municipal authorities, and the formation of a State government. We have already chronicled several meetings on both these heads ; but notwithstanding all that had been said or done, no common action could be obtained to promote the ends in view to the satisfaction of all parties.
As regarded the municipal question, the recently appointed legislative assembly abolished the office of alcalde, and substituted the senior justice of the peace in his place. Afterwards, the alcalde, Mr. Leavenworth, was ordered to give up the town docu- ments and official papers in his hands; upon which he applied for advice to General Smith, who recommended him not to com- pły with the demands of the legislative assembly. That body next ordered the election of a sheriff, who, when appointed, pro- ceeded to take what he considered legal steps against Mr. Leaven- worth, who had meanwhile resuscitated the old council of 1848, to sanction and confirm his proceedings, which it readily did, appealing to Governor Riley for advice and protection. The gov- ernor, accordingly, on the 4th of June, issued a proclamation to the citizens, recognizing the office and power of the existing
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alcalde, declaring the legislative assembly an illegal body, and forbidding payment of taxes to them.
While that was the state of affairs regarding the municipality and District of San Francisco, the governor, on the 3d of June, issued a proclamation to the people of California, in which, after narrating the position of the country, and the necessity of both district and general governments, he appointed the first day of August for the election, first, of certain specified municipal and district provisional officials over the whole country, according to Mexican custom ; and second, of thirty-seven delegates to be chosen from the specified districts, as delegates to a general con- vention to be held at Monterey, on the first day of September next, for the purpose of forming a State Constitution.
Following upon these proclamations, the people of San Fran- cisco held a mass meeting in Portsmouth Square, on the 12th of June, when Wm. M. Stewart was chosen president, and E. Gould Buffum, secretary. This meeting was large and enthusiastic, and after being addressed by several eloquent speakers, resolved that the people of California had a right to organize a government for their own protection-that, therefore, delegates should be chosen to frame a constitution-and that a committee of five be imme- diately appointed by the president of the meeting to correspond with the other districts of the country, in order to carry out in a practical manner the said resolutions. The meeting refused to recognize Governor Riley's proclamations as binding on them. The committee chosen consisted of Peter H. Burnett, Wm. D. M. Howard, Myron Norton, E. Gould Buffum, and E. Gilbert. This committee, on the 18th of June, issued an address to the public, in which, without admitting the right or power in Gov- ernor Riley to " appoint " time or place for the election of dele- gates and assembling of the convention, yet considered it best, as a matter of expediency, to adopt the terms of the governor's pro- clamation in these respects.
These steps settled the plan and course of future proceedings so far as the State Government was concerned. In respect to the municipality the legislative assembly published a long address to their constituents, in answer to Governor Riley's proclamation of the 3d, and the very " uncourteous and disrespectful " one of
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CONDITION OF THE COUNTRY.
the 4th June. In this document, they resolved that they were a legally constituted body, and declared their determination to hold office and to act in the same until formally deprived of their authority by the people from whom it was derived. Thus arose a sort of civil war on a small scale. The assembly afterwards having considered it expedient to appeal directly to the people, a ballot was taken on the subject on the 9th July, when one hun- dred and sixty-seven votes appeared for their continuance in office, and only seven against it. But as this result showed either the indifference of the citizens on the subject, since but a small por- tion of their number voted, or else their tacit desire that the legislative assembly should altogether cease, that body thought fit, at last, to dissolve itself. Thus the old alcalde, Mr. Leaven- worth, was virtually reinstated in triumph, and no obstacle left to the several elections ordered by Governor Riley's proclamation of the 3d of June. These various meetings and other proceedings narrated may possess little interest for the present inhabitants of San Francisco ; but they certainly much excited those who dwelt in the town at the time of their occurrence. The excesses of the " hounds," fully described in a subsequent chapter, were much encouraged by the dissensions and jealousies which existed among the rival politicians and local partisans of those days.
During the first half of this year, San Francisco was rapidly increasing the number of its houses and population. Every day added sensibly to both. The mines were continuing to yield large returns, most of which were immediately forwarded to San Francisco, in exchange for new supplies. The bay was filling with shipping from all the ports of the Pacific coast of both Americas, from the Sandwich Islands, and from China, Australia and other ports towards the west. Nearly two hundred square- rigged vessels lay at anchor about the end of July. Hosts of passengers by these vessels, after staying but a little while in the town, hurried off to the diggings. Meanwhile, others who had been fortunate were returning from the mines with bags of gold dust, to squander in gambling, in drinking and all manner of thoughtless extravagance and dissipation. Gambling, which pre- viously had been carried on to so great an extent, was now begin- ning to be developed on a still larger scale. Saloons, at the
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public tables of which every variety of game was to be found, arose in all quarters of the town, where play was carried on during the whole twenty-four hours, and where the gross amount of money or gold dust staked was enormous. It might almost be said that the same spirit of gambling or speculation reigned in every department of business ; and prices rose and fell, and for-
.....
San Francisco, in 1849, from head of Clay Street.
tunes were made, and lost, and made again, according to the "play" of the parties engaged. New towns, all of course in splendid locations, were beginning to be projected, and the build- ing lots in them sold for immense sums of money. Sacramento and Stockton were among the first and best needed of these places ; and soon they took such positions as commanded success and insured future prosperity. But besides these two cities, a multitude of other and inferior places were projected, and while the future of the whole country was uncertain, but over which hung a certain vague grandeur, their pretensions were very respectably set forth, and speculation in their allotments was rife. Some of these schemes have since shared in the general advancement of the country ; while of others probably nothing again will ever be heard.
A short experience of the mines had satisfied most of the
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CONDITION OF THE COUNTRY.
citizens of San Francisco that, in vulgar parlance, all was not gold that glittered, and that hard work was not easy,-sorry truisms for weak or lazy men. They returned very soon to their old quarters, and found that much greater profits, with far less labor, were to be found in supplying the necessities of the miners, and speculating in real estate. For a time every body made money, in spite of himself. The continued advance in the price of goods, and especially in the value of real estate, gave riches at once to the fortunate owner of a stock of the former or of a single advantageously situated lot of the latter. When trade was brisk, and profits so large, nobody grudged to pay any price, or any rent, for a proper place of business. Coin was scarce, but bags of gold dust furnished a circulating medium, which answered all purposes. The gamblers at the public saloons staked such bags, or were supplied with money upon them by the " banks," till the whole was exhausted. There were few regular houses erected, for neither building materials nor sufficient labor were to be had ; but canvas tents, or houses of frame, served the im- mediate needs of the place. Great quantities of goods continued to pour in from the nearer ports, till there were no longer stores to receive and cover them. In addition to Broadway Wharf, Central Wharf was projected, subscribed for, and commenced. Several other small wharves at landing-places were constructed at the cost of private parties. All these, indeed, extended but a little way across the mud flat in the bay, and were of no use at low tide ; yet they gave considerable facilities for landing passen- gers and goods in open boats. The different religious denomina- tions were beginning to make movements as to creating churches and appointing clergymen ; while the Freemasons and Odd-Fel- lows were likewise beginning to take their characteristic first steps. Seamen deserted their vessels, as a matter of course, so soon as they dropped anchor in the bay, and hastened to the mines. Society, not merely there, but in San Francisco, was in a state of utter disorganization, which became worse and more terrible as the autumn and winter months brought new thousands of immigrants upon the place. We have seen that there was neither a proper government for the State, nor recognized: mu- nicipal authorities, who could have protected the citizens, and
15
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ANNALS OF SAN FRANCISCO.
established order, and made provision for the systematic extension of the town and reception of the coming crowds. There was a military governor, indeed, and martial law could have been adopted, but the governor had not sufficient force at his com- mand to curb the wild elements of the population ; nor, at best, would his forcible interference have satisfied American ideas of civil independence and the national privilege of self-government. Thefts, robberies, murders, and other outrages of the most des- perate and criminal nature were taking place, and there were no proper officials to take cognizance of them, and bring the offend- ers to justice. Every man was intent on merely making money, and provided an outrage did not, in a direct manner, personally or pecuniarily affect himself, he was content to shut his eyes to the ultimate consequences.
By the beginning of 1849, the population of San Francisco had increased to two thousand. Two months later it was proba- bly about three thousand ; whilst in July, when the riots and outrages of the " hounds" came to a height, it might be nearly five thousand. This was what might be called the usual and permanent population of the time-if any thing could be sup- posed permanent in so frail and fluctuating a place, although every day new arrivals of immigrants added temporarily to the number, till they flocked off to Sacramento, Stockton, and the mines.
CHAPTER VIII.
1849.
The Hounds .- Election of Supreme Judge, delegates to convention, and municipal officers .- Al- caide's address to the Ayuntamiento .- Duties of prefects .- The prison brig Eupbemnia, and store- ship Apollo .- Churches .- Regulations and appointments of the Ayuntamiento .- The " Pacific News " commenced .- Meeting of the Constitution Convention at Monterey .- Merchants' Ex- change. - Steam Navigation. - Death of Nathan Spear. - First democratic meeting. - Circus opened .- Constitution approved and State officers elected .- First habitation on Rincon Point .- Thanksgiving Day .- Judge Almond's court .- The " Alta California." --- First great fire.
JULY 15th, et seq .- The affair of the " hounds" came to an end. This was an association of young men for the declared purpose of assisting each other in sickness, or when peril of any kind threatened any of the members. It had been imperfectly organ- ized in the beginning of the year, and was virtually a gang of public robbers. The members assumed a kind of military disci- pline, under the guidance of regular leaders, who wore a uniform, and occasionally, but only on Sundays, paraded the streets with flags displayed and drum and fife playing. They attacked the tents of inoffensive people, chiefly foreigners, and if they could not extort money from the owners or inmates by threats, tore them down to the ground, and stole or destroyed money, jewels, and every thing valuable on the premises. These outrages, per- petrated usually at night, when the more peaceable citizens had retired to rest, were so frequent that the " hounds " became a terror to all well-disposed people of the town. They invaded the stores, taverns, and houses of Americans themselves, and rudely demanded whatever they desired. They could not be refused, for their numbers were so great, while they were well armed, that nobody durst resist them. The town was paralyzed with terror, and the " hounds," who latterly adopted the name
-
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of "regulators," committed the most violent and cruel outrages in open defiance of the law and common humanity. A series of the most barbarous, destructive, and daring attacks, were perpe- trated by those desperadoes on Sunday, the 15th of July, which at last effectually roused the community to a determined coun- teraction. They formed themselves into a police force, and pro- ceeded to measure their strength against the rioters. They were successful, and immediately afterwards some twenty of the of- fenders were put upon trial. At this time San Francisco had no proper municipal organization, while neither was there an efficient State government to which the citizens could appeal for protec- tion. They therefore had to do every thing for themselves. They accordingly appointed judges and counsel for both prosecu- tion and defence, and at once proceeded with the trial of the rioters, or conspirators, as they were charged with being. A jury found them guilty of conspiracy, riot, robbery, and assault, with intent to kill. Nine were convicted and sentenced to various periods of imprisonment and considerable fines, and the town was purged for a while of the more violent ruffians that had infested it. A full account of these proceedings will be found in the Third Part of this work.
AUGUST 1st .- The elections ordered by Governor Riley took place in a spirited, though orderly manner. The candidates were numerous, and the following parties were elected :-
Judge of the Supreme Court.
Peter H. Burnett, who had 1298 votes in San Francisco, and 76 at San José.
. Prefect.
First Alcalde.
Horace Hawes, 913 votes.
John W. Geary, 1516 votes.
Sub-Prefects. Second Alcalde.
Francis Guerrero, 1503 votes.
Frank Turk, 1055 votes.
Joseph R. Curtis, 1399
Ayuntamiento, or Town Council.
Talbot H. Green, 1510 votes. Rodman M. Price, 840 votes.
Henry A. Harrison, 1491
Wm. H. Davis, 835
Alfred J. Ellis, 1354
Stephen C. Harris, 1323
Samuel Brannan, 823
Thos. B. Winton, 1052
Wm. M. Stewart, 815
John Townsend, 1052
Bezer Simmons, 825
Gabriel B. Post, 691
.
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ALCALDE'S ADDRESS TO THE AYUNTAMIENTO.
Delegates to Convention.
Supernumerary Delegates.
Edward Gilbert, 1512 votes.
Wm. D. M. Howard, 876 votes.
Myron Norton, 1436 " Francis J. Lippitt, 874
Wm. M. Gwin, 1073
Alfred J. Ellis, 872
Joseph Hobson, 839
Francisco Sanchez, 872
Wm. M. Stewart, 833
Rodman M. Price, 871
There were some ten or a dozen different tickets at this elec- tion, upon all of which the name of Col. John W. Geary ap- peared for the office of First Alcalde. He consequently received the whole number of votes polled. This decided evidence of public confidence was deserved and appreciated. At the first meeting of the ayuntamiento, the newly elected alcalde presented the following address. It is a document worthy of preservation, being well written, and giving a faithful account of the gloomy aspect of public affairs in San Francisco at that period, and much useful advice to those having the interests of the city in charge :-
" Gentlemen of the City Councils :- Having been called by the unanimous voice of my fellow-citizens to the office of chief magistrate of the city of San Francisco, I find it impossible to convey to them by words the feelings excited by this decided manifestation of their confidence and approbation. Pro- foundly sensible that the honor and trust which have been conferred upon me far transcend my descrts, I can make no other return, than a heartfelt declaration of my gratitude, accompanied by the assurance, that to the extent of my power, I will with zeal and fidelity cause the observance of every law and or- dinance made for the good of this city.
" The citizens of San Francisco, appreciating the importance of the present crisis in the territorial history of California, and particularly the high and im- portant destiny of their city, have conferred upon you, gentlemen, the onerous duty, yet high honor, of legislating for their future welfare and prosperity.
" As your presiding officer, I deem it my duty to call your attention to the situation of the city, and to ask your co-operation in making it, in point of order and security, what it must shortly be in wealth and importance, the first city, and great commercial and moneyed emporium of the Pacific. To effect this, gentlemen, it will require of you great devotion to your duties, as well as great diligence and a liberal supply of funds for municipal purposes.
" Economy in the expenditure of the public money is at all times desirable and necessary; but situated as we are here, without any superior body to legislate for us, the people of the city will, of necessity, be called upon to assume a responsibility in the enactment of laws, and in the expenditure of money for public purposes, not usual under ordinary circumstances. Of this every citizen of San Francisco is fully aware, and all who desire the prosperity
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and good government of the city will stand ready to sustain you in whatever you may do for its permanent improvement and benefit.
" At this time we are without a dollar in the public treasury, and it is to be feared the city is greatly in debt. You have neither an office for your magistrate, nor any other public edifice. You are without a single police offi- cer or watchman, and have not the means of confining a prisoner for an hour ; neither have you a place to shelter, while living, sick and unfortunate strangers who may be cast upon our shores, or to bury them when dead. Public im- provements are unknown in San Francisco. In short, you are without a single requisite necessary for the promotion of prosperity, for the protection of property, or for the maintenance of order.
"I therefore repeat, that the present exigency in public affairs requires the utmost diligence on your part, in the performance of all your duties, as well as a liberal supply of funds, to provide for the security of life and property in San Francisco.
" There is perhaps no city upon the earth where a tax for the support of its municipal government can be more justly imposed than here. Real estate, both improved and unimproved, within a short space of time, has in- creased in value in many instances a thousand-fold, and even at its present high rates, will produce in the shape of rents the largest average income upon record. Yet notwithstanding this unprecedented increased value of real estate, the burdens of government should not be borne by a tax upon that species of property alone ; each and every kind of business carried on within the limits of the district should bear its just and proper share of taxation. Equal justice to all should be your guide, and if strictly followed, none will have just cause of complaint.
" The charters of most cities in the United States, granted by the Legisla- tures, give the corporation the right to levy and collect a tax, as well to defray the expenses of its municipal government as for public improvements ; and it is usual to submit a tax bill to the Legislature for its confirmation. This is done to prevent abuses. Yet I do not know of an instance where the tax im- posed has been reduced by the Legislature. In towns not incorporated there is no resort to be had to the Legislature for a confirmation of the tax laws. The town officers, chosen by the people, impose the taxes, and collect a sufficient revenue by common consent ; and their right to do so is never questioned. That you have a right to levy and collect a reasonable and proper tax, for the support of your municipal government, cannot, in my judgment, for a moment be questioned. In the absence of State legislative authority, you, as the representatives of the people, are supreme in this district, and your acts, so long as you confine them strictly to the legitimate sphere of your duty, will not only be sanctioned and approved by the present worthy Executive of our government in California, but will be most promptly confirmed by the Legis- lature, whenever one shall be assembled either for the Territory or State.
"I would, therefore, recommend that with all convenient despatch you ascertain, as near as possible, the amount of funds deemed necessary for the support of a proper and efficient municipal government for one year ; that
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ALCALDE'S ADDRESS TO THE AYUNTAMIENTO.
when you shall have determined this, you shall proceed to collect a just equi- table tax upon real estate and upon sales at auction; and that you require all merchants, traders, storekeepers, &c., to take out a license for the transaction of their business, paying therefor an amount proportionate to the quantity of merchandise vended by them. Also, that all drays, lighters, and boats, used in the transportation of merchandise, and of passengers, to or from vessels in the harbor, be licensed.
" There is also another class of business proper to be taxed, which although sometimes prohibited by law, yet in many countries is regulated by law. I recommend you to adopt the latter course. The passion for gaming is uni- versal, even where the severest penalties are imposed to prevent its indul- gence. And it is a fact well known and understood, whenever gaming tables are licensed and subject to proper police regulations, they are less injurious to the interests and morals of the community than when conducted in defiance of law. In the one case the proprietors are amenable to the law which au- thorizes them, and are subject to proper control ; while on the other hand, if prohibited, the evasion of the law by such means as are usually resorted to, does but increase the evil, and the community is in no way benefited. I would, therefore, recommend, under present circumstances, and until State legislation can be had on the subject, that you license gaming and billiard tables.
" For the collection of each and every tax, the imposition of which I have recommended, you have the example of almost every city in the world. A revenue is necessary for the proper maintenance and support of the munici- pality, -and it is a maxim everywhere acknowledged, that every citizen should, for the privileges he enjoys, aid in the support of the government under which he lives, and which affords him protection of life, liberty, and property.
" The public documents containing all the muniments of title, &c., for real estate, are not to be found in possession of my predecessor, but in the private keeping of a portion of the citizens.
" As these documents have not been transferred to me in a legal manner by an officer of the law, and as there may be a probability of their being more or less mutilated, I particularly request you to grant me authority to appoint a committee of three respectable and intelligent citizens, who, under oath, shall make an inventory of the said documents, and a schedule of any mutila- tions, erasures, or interlineations, which may be found on their pages. I feel confident that the importance of this matter has already suggested to you such a measure, inasmuch as the value of titles to real estate might be greatly impaired by failing to adopt it. This course will not only relieve from unjust suspicion the officer to whose charge and safe-keeping those documents are intrusted by the law, but it will also render him responsible for his own acts, and not for those of his predecessor, or of any other person.
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