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 26
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All human institutions are subject to abuse, and especially in the youth of a quickly growing community, where every member is heart and soul occupied in providing only for himself. Many charges have been made and more insinuated, as to the corrupt, careless, and extravagant behavior of most of the officials, since the fall of Mexican power, down even to 1854, in the adminis- tration of the revenues and properties, both of the State of Cal- ifornia and of the City of San Francisco. In a country and place like these, where hitherto gold has been pretty generally the only thing supposed to be worth living for, one cannot avoid be- lieving that many of these charges and insinuations were true ; and yet the occupants of office might otherwise have been "in- different honest " men, and, after all, perhaps quite as' good as their clamant neighbors. When any transaction of a particularly glaring, base or improper nature was found out, public opinion was sure to rise in rebellion and shame the rogues to common decency at least. Much popular feeling was, at one period of 1850, expended at "mass " and " indignation " meetings against the municipal authorities ; but, by and by, the community, who could not afford the pecuniary loss of such gratis excitement and attention, settled down into comparative calmness and indiffer- ence.
The "Colton Grants " and the " Leidesdorff Estate," proved the means of much litigation in the courts of law, and from the great extent of pecuniary interest involved, and the variety of parties interested, these legal matters became of exceeding pub- lic importance, and merit a passing allusion. We have already noticed the death of Mr. Leidesdorff on the 18th May, 1848. Circumstances had led that gentleman to become a Mexican citizen about the year 1844, whereby he was enabled to hold, as he afterwards acquired, real estate to a large extent in Yerba Buena and its neighborhood, now San Francisco. From the great immigration which subsequently took place, this property
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suddenly became of immense value. Mr. Leidesdorff was re- puted to have died some fifty thousand dollars in debt, and yet within two years afterwards his estate was worth nearly a million. This indeed was a prize worth contending for. The very admin- istration of its revenues, at San Francisco charges, was the means of making annual fortunes to lucky agents. Hence the legal strife, and perhaps the imputing and bandying of improper mo- tives among the judges and parties chiefly interested. The Leidesdorff estate was subsequently claimed by the State of Cal- ifornia, on the ground that Mr. Leidesdorff had died intestate, leaving only alien, though legitimate relatives, whereby his pro- perty escheated to the State. In the spring of 1854, measures were about to be taken by the Legislature to make that claim effectual.
The financial condition of the city continued in a very bad state. Large sums of money were raised on scrip and loan war- rants, for the purposes of municipal improvements and to defray the ordinary expenses, which there seemed no apparent means of soon redeeming. It is true the city possessed considerable pro- perty, but it was not yet time to sell it to advantage, while the pressure of taxation was beginning to be heavily felt by the in- habitants. The interest payable for public loans, as likewise in the case of private accommodation of the kind, was exceedingly great, the ordinary rates varying from five to eight per cent. per month. When private parties borrowed, they had generally to give real security for the amount, and to pay these high rates of interest monthly in advance.
The social and moral state of general society had meanwhile improved but little. Gambling indeed was not pursued, at least openly, by the more respectable classes, and among all it was much diminished in intensity. The common council had like- wise passed ordinances which effectually prevented the public fol- lowing of the avocation on Sunday. But notwithstanding this tribute to religious decency, and check against one branch of profligacy, crime was increasing, and the boldness and number of the criminals became very alarming. All manner of burglaries, robberies and thefts were of daily occurrence. So were personal assaults of an aggravated nature ; while murders were repeatedly
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taking place. A great many attempts at incendiarism had been detected, although the charge seldom or never could be fairly brought home to individuals. If, however, there were some legal
₡
San Francisco, Winter of 1849-50, showing Montgomery street North from California street. For same view in 1854, see Frontispiece.
uncertainty on the subject, which prevented convictions, no moral doubt existed but that there was an active and numerous band of desperadoes existing in the city, who added to many other crimes that of wilful fire-raising. They did not display banners and march in procession through the streets to the music of drum and fife, like the old "hounds," but nevertheless they seemed to be as thoroughly organized and to support each other when ne- cessary, as that notorious gang of villains. Besides the numerous real cases, false alarms of fire were still more frequently raised ; and during the attendant confusion many depredations were committed. Hundreds of the loafer and rowdy class haunted the town, who had no visible means of support, and whose lives showed only one continued scene of vice, crime and violence. There seemed a wide-spread combination among the rogues to divide systematically the different branches and gains of their un-
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hallowed profession ; and from petty theft and swindling up to highway robbery and murder, the actors seemed to be perfect adepts in their several parts. The prisons were full ; but they could not hold a tithe of the offenders. The police were few and not very highly paid, and they could not pretend to cope with the more daring rascals, who defied all their efforts at capture and conviction. False swearing at trials, by trusty and unblushing comrades, confounded the few prosecutions and ensured ultimate escape to the most guilty.
People, at last, began to talk among themselves of the urgent necessity of again adopting Lynch law, since the tedious and un- certain measures of the authorities did not seem to have the effect of terrifying and putting down the disturbers of the public peace. Even a portion of the newspaper press boldly advocated such doctrines ; considering that the present alarming juncture of events formed such an exceptional case as to require a depart- ure from the ordinary course of administering justice. As the successive conflagrations had developed a large volunteer force to watch over the safety of the town from fire, so the continued in- crease of open and daring crime was certain in the end to induce the establishment of a great police that would not be trifled with, but would uproot, by some sure and terrible means, villainy and villains wherever they could be found. Already the necessity of such a police was recognized, and it only wanted a few more glar- ing cases of outrage, spoil and murder, to give it a sudden being and irresistible strength.
CHAPTER XIV.
1851.
The Gold Bluffs and Pacific Mining Company .- The oxcitement at the City Hall in February, 1851. -Attempt to Lynch Burdue and Windred .- Their subsequent escape .- Burning of the steamers Hartford and Santa Clara.
JANUARY .- San Francisco has been startled "from its propriety" by news from the celebrated "Gold Bluffs ;" and during the greater part of this month has dreamed unutterable things of black sand, and gray sand, and cargoes of gold. A band of pio- neers and prospecters had recently proceeded in the Chesapeake steamer northwards to the Klamath River, near which, on the sea shore, they fancied they had found the richest and most extra- ordinary gold field that had ever been known. The sands of the sea, for a broad space several miles in length, beneath cliffs some hundred feet high, appeared to be literally composed in one half, at least, of the pure metal. Millions of diggers for ages to come could not exhaust that grand deposit. Already a few miners had collected about the spot ; but these were so amazed and lost in the midst of the surrounding treasure that they knew not what to do. Like the ass with its superabundance of hay, they could not resolve to begin any thing. No man could well carry more than seventy-five or a hundred pounds weight upon his back for any great distance, and with that quantity of pure gold it was ridiculous, so it was, to be content, when numberless tons lay about. So these men-there were just nineteen of them-(the tellers of the story were very particular in some facts),-had re- solved to wait till the spring, when they would freight and fill a ship with the wealth which they were then jealously watching over. Let us not be misunderstood, or supposed altogether jest- ing. A brilliant reporter for the Alta California says-" 'The
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gold is mixed with the black sand in proportions of from ten cents to ten dollars the pound. At times, when the surf is high, the gold is not easily discovered, but in the spring of the year, after a succession of calms, the entire beach is covered with bright and yellow gold. Mr. Collins, the secretary of the Pacific Mining Company, measured a patch of gold and sand, and estimates it will yield to each member of the company the snug little sum of $43,000,000 [say, forty-three millions of dollars !] and the esti- mate is formed upon a calculation that the sand holds out to be one tenth as rich as observation warrants them in supposing." No digging even was required, since one had only to stoop a little and raise as much as he wished of the stuff-half gold, half sand, from the surface of the beach.
Back the adventurers hastened to San Francisco, where they had long been impatiently expected ; and the glorious news ran like wild-fire among the people. General John Wilson and Mr. John A. Collins, both of whom had been among the number of discoverers, frankly testified to the truth of these wonderful state- ments. The beach, they said, for a great distance, was literally strewed with pure gold. It was found in the greatest quantity in a certain kind of " black sand," although the "gray sand," which was rather more abundant, contained likewise a large pro- portion of the same black-colored stuff with its special share of gold. "Mr. Collins," says the poetic reporter, " saw a man [one of the nineteen, no doubt,] who had accumulated fifty thousand pounds, or fifty thousand tons-he did not recollect which-of the richest kind of black sand."
Such intelligence astounded the community. In a few days eight vessels were announced as about to sail for this extraordinary region. The magic phrase " GOLD BLUFFS !" " GOLD BLUFFS !! " every where startled the most apathetic, and roused him as with a galvanic shock. "GOLD BLUFFS ! !! " filled the columns of newspapers among the shipping advertisements ; they covered, on huge posters, the blank walls of houses at the corners of the streets ; they were in every man's mouth. A company was formed called the "Pacific Mining Company," the shares of which instantly rose to a handsome premium. There seemed no doubt of their incalculable gains, since they showed
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numerous samples of the wondrous " black sand," where the golden particles lay and shone mildly, as stars in the milky way, innumerable. The company had already, by the greatest good fortune, secured a considerable number of miners' claims, em- bracing indeed the entire beach beneath the " Bluffs," so that all was clear for immediate operations. We have seen the intelli- gent secretary's calculations on the subject. No wonder people raved, and either invested a few thousand dollars in shares of this company, or sold or forsook their all, and made sail for the Gold Bluffs. The ancient excitement of Mississippi and South Sea schemes was a bagatelle in comparison with that which now stirred San Francisco, used though it had been to all manner of rumors of placers, and gigantic " pockets " of gold. The skepti- cism of envious un-"progressive " people was happily ridiculed, and the press compared the ocean to a mighty cradle that had been rocking and washing up gold from the bottom of the sea for unknown ages, and had chanced to throw it in tons and ship- loads beneath the hitherto undiscovered Gold Bluffs. It was tru- ly great news for San Francisco.
The first damper to the hot blast that raged through the town, and from whence it spread and fired up distant countries, -until the arrival of the next mail,-was intelligence from the earliest miners, that they found it very difficult to separate first the black sand from the gray, and next the gold itself from the black sand, the particles of the precious metal being so remarka- bly fine. A little later, it was found that the innumerable " patches " of black sand began most unaccountably to disap- pear. Heavy seas came and swept them right away ; and though it was hoped that heavier seas might soon bring them back again, the people got tired of waiting for that event, and hastily fled from the place, ashamed of their own hopes and credulity, and cursing the cruel wags that had exhibited in San Francisco sealed phials of dingy sand largely mixed with brass filings.
But we cannot pursue this pleasantry farther. Much serious loss was suffered by the Gold Bluff's piece of business. The un- fortunate "Pacific Mining Company" had bought the Chesa- peake at a cost for boat and repairs of twenty thousand dollars, had run her up the coast several trips at the loss of as many
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thousands more, and afterwards, when she had been injured in a storm, were glad to sell her for about two thousand dollars. If, however, the shareholders, or any single adventurer lost much money-why, they had at one time the most brilliant hopes im- aginable of immense riches ; and these were surely some com- pensation. For what, after all, is life without hope ? There was considerable gold at the Bluffs, but it turned out in the end to cost more trouble to gather than it was worth. Hence the place was abandoned, except by a few still hopeful individuals, after a few months' trial. Since the whole affair formed a very striking, though latterly a ridiculous event in the progress of San Francisco, we could not refuse it a place in these " Annals."
FEBRUARY .- After the affair of the "Hounds," in 1849, the citizens left the execution of the laws against criminals in the hands of the constituted authorities. Either the laws, however, or the authorities, or something else soon went wrong, and crime fearfully increased. At length, not only were the people serious- ly inclined to believe that they must take the law back to them- selves and issue it in a new form, but the public journals dis- cussed the matter gravely and argumentatively, and urged the instant appointment of "volunteer police," or " regulators," who would supply the place of an inefficient executive and judicature. Hitherto there had been no organization for the purpose men- tioned, although occasional mobs had ducked or whipped offend- ers caught in the act of crime.
On the 19th of this month, about eight o'clock in the eve- ning, two men entered the store of C. J. Jansen & Co., and, pro- fessing to be purchasers, asked to see some blankets. Mr. Jan- sen, who was alone in the store, was in the act of producing the articles, when he was violently struck with a slung shot, and fell insensible on the floor. While in that state he seems to have been farther maltreated, and was probably considered by the ruffians as dead. These robbed the premises of two thousand dollars, and immediately fled. The whole circumstances of the outrage were of the most daring character, and the knowledge of them caused much excitement among the people. The next day a man was arrested, believed to be one James Stuart, but who gave his name as Thomas Burdue, on the charge of having
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murdered Mr. Moore, the Sheriff of Auburn, and of having robbed him of four thousand dollars. Stuart had been confined in the jail of Sacramento to await his trial, but had escaped two months before. Circumstances meanwhile had raised a suspicion that this man Stuart, alias Burdue, had had something to do with the attack on Mr. Jansen ; and accordingly he, and another
The City Hall, February 22d, 1851.
person of the name of Windred, who had been apprehended on suspicion of the same offence, were, on the 21st, confronted with the wounded man. Jansen at once recognized Stuart and also Windred, although with some faint doubt of the identity of the latter, as being the two persons who had committed the assault and the robbery. These circumstances being known, the citizens, in a state of the greatest excitement, gathered, on the following day (Saturday, 22d February), around the City Hall, where the examination of the prisoners was going on. Upwards of five thousand people thus collected. This was not a mob, but the people, in the highest sense of the term. They wanted only a
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leader to advise and guide them to any undertaking that pro- mised relief from the awful state of social terror and danger to which they were reduced. Handbills were extensively circulated among the multitude, which were to the following effect :-
" CITIZENS OF SAN FRANCISCO.
" The series of murders and robberies that have been committed in this city, seems to leave us entirely in a state of anarchy. 'When thieves are left without control to rob and kill, then doth the honest traveller fear each bush a thief.' Law, it appears, is but a nonentity to be scoffed at ; redress can be had for aggression but through the never failing remedy so admirably laid down in the code of Judge Lynch. Not that we should admire this process for redress, but that it seems to be inevitably necessary.
" Are we to be robbed and assassinated in our domiciles, and the law to let our aggressors perambulate the streets merely because they have furnished straw bail ? If so, 'let each man be his own executioner.' 'Fie upon your laws !' They have no force.
" All those who would rid our city of its robbers and murderers, will assemble on Sunday at two o'clock on the plaza."
While the examination of the prisoners was progressing, a shout arose among the assembled multitude, "Now is the time ; " and many rushed into the court room to seize the accused out of the hands of the authorities. This attempt was successfully re- sisted. The " Washington Guards," who had been secretly sta- tioned in an adjoining room, through the foresight of the recorder, who had anticipated some outbreak of this nature, now rushed, under the command of Capt. A. Bartol, into the court-hall, and soon cleared it of its noisy occupants, while the prisoners were hurried through a back door into the cells beneath. During the whole day the excitement continued, and many of the spectators remained about the place, though the greater number gradually dispersed, chiefly through the persuasions of some parties who thought like themselves. Towards dusk the people again assem- bled around the City Hall in greater numbers than before, when, after some speeches, the following gentlemen were appointed a committee to consult with the authorities and guard the prison- ers till the next day, viz. : Messrs. W. D. M. Howard, Samuel Brannan, A. J. Ellis, H. F. Teschemacker, W. H. Jones, B. Ray, G. A King, A. H. Sibley, J. L. Folsom, F. W. Macondray, Ralph Dorr, Theodore Payne, Talbot H. Green, and J. B. Huie.
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This committee the same evening met in the recorder's room, and discussed the position of affairs, and what was next to be done. To show the temper, not of this committee, for they were moderate and cautious in their proceedings, but of the general public on the occasion, we may quote a short speech by Mr. Brannan, who seems to have been always for stringing up and hanging every rogue outright, on the shortest possible grace. His language was certainly to the point, and quite accorded with the sentiments of a great majority of the vast multitude that was anxiously waiting without. One of the committee having proposed that the citizens should choose a jury to try the prison- ers, Mr. Brannan said :-
" I am very much surprised to hear people talk about grand ju- ries, or recorders, or mayors. I'm tired of such talk. These men are murderers, I say, as well as thieves. I know it, and I will die or see them hung by the neck. I'm opposed to any farce in this business. We had enough of that eighteen months ago [alluding to the affair of the " hounds,"] when we allowed ourselves to be the tools of these judges, who sentenced convicts to be sent to the United States. We are the mayor and the recorder, the hangman and the laws. The law and the courts never yet hung a man in California ; and every morning we are reading fresh ac- counts of murders and robberies. I want no technicalities. Such things are devised to shield the guilty."
The rest of the committee did not exactly think with Mr. Brannan, and after appointing a patrol of twenty citizens to watch over the prisoners, a majority of them adopted a resolution by Captain Howard, that they should adjourn to the following day, on the plaza, to report the proceedings to the people.
Next day (Sunday), about eight thousand people collected round the court-house. Mayor Geary, and others on the part of the authorities then addressed them, advising coolness and mod- eration, and suggesting that a committee of twelve of their number should be appointed to sit as a jury along with the pre- siding justice on the trial to take place the following day, the verdict of which jury should be final. Other counsels, however, prevailed ; and on the motion of Mr. Wm. T. Coleman, a com- mittee of twelve was appointed, to retire and consider the best
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course of action to be adopted. Almost immediately afterwards this committee returned and reported, that the trial should be conducted by and among themselves-that if the legal courts choose to assist in the business, they were welcome and invited to do so ; but if not, that counsel should be assigned to the prison- ers, a public prosecutor appointed, and the trials immediately commenced. This was all accordingly done. The public au- thorities having declined to interfere farther in the matter, and being powerless before so numerous a body, retired from the con- test.
At two o'clock of the same day, the committee and a great number of citizens assembled in the recorder's room, while out- side, in Kearny and Pacific streets, an immense multitude had collected. The following parties were then empanneled as a jury, viz. :- R. S. Watson, S. J. L. Smiley, W. E. Stoutenburg, J. L. Riddle, George Endicott, D. K. Minor, George A. Hudson, David Page, Jas. H. Robinson, J. E. Schenck, S. J. Thompson and I. C. Pelton. J. R. Spence was appointed to preside on the bench, and H. R. Bowie and C. L. Ross were named associate judges. J. E. Townes was selected to officiate as sheriff, and W. A. Jones as judge's clerk. Mr. Coleman was chosen public prosecutor, and Judge Shattuck and Hall McAllister were ap- pointed counsel for the prisoners. We are particular in giving the names of these gentlemen, since they show the high charac- ter and social standing of the parties who were concerned in this movement against the legal and municipal authorities. As we said before, the crowd was not a mob, but emphatically the people. After evidence was led for the prosecution, an impartial charge was given by Mr. Spence. The jury then retired, and were ab- sent a considerable time, as they seemed unable to agree upon a verdict. Seeing there were no signs of being able to come to a speedy agreement, they returned to the court, and their foreman reported that nine were for conviction, and three had doubts. Much disappointment and agitation was now manifested by the people, who had considered the prisoners clearly guilty on the testimony. Loud cries burst from all quarters of " Hang them, any how ! A majority rules!" After some time order was re- stored, and the jury were discharged. It was now midnight, and
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the numbers present were considerably diminished. The same excitement, however, prevailed, and it required all the efforts of the cooler and wiser portion of the assembly to preserve peace and decorum to the end. Addresses were spoken to this effect by Mr. Smyth Clarke, Dr. Rabe and Mr. Hutton. The latter gentleman was now chosen chairman, and the meeting adjourned to the outside of the building. At last-twenty minutes to one o'clock on Monday morning,-the question was put from the chair, that they should indefinitely adjourn, which being answered affirmatively, the crowd quietly dispersed.
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