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 60
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with part of the blankets hurled him out of the door, and thus unexpectedly uncovered his stolen property. Having thus firmly fastened the evidence upon the men, the stolen goods being in sight, they immediately yielded, obeyed all his orders, and throw- ing their bayonets in a pile, and forming themselves into a line, carried the articles back to his quarters and placed them in the spot whence they had been taken. Before leaving the guard- room he took the precaution to knock out all the flints and re- move the primings from the pans of the remaining arms. When he reached his quarters, he sent twelve of the men back, and knocking out the flint and priming and reversing the bayonet of the gun he had retained, gave it to the last man, whom he sum- marily kicked down stairs. During the day he called on the American consul and preferred charges against the men to the military commandante, who immediately ordered a trial, found them guilty of the theft, and sentenced them to be whipped with fifty lashes on the bare back in the public plaza, which was duly carried into effect on the same day. Ever afterwards the colonel was treated with the most abject humility by the military of the place-though a reputation for such daring bravery was too ter- ribly earned to be desired.
The Oregon at last arrived, and Col. Geary and family reached San Francisco on the 1st of April. Having landed his trunks, of which he had a number, he endeavored to employ persons to carry them to a residence which he had previously secured ; but being charged five dollars for each trunk, and complaining of the exorbitant price, he was told by the man whom he had addressed that he would give him five dollars each to carry them himself. Taking the hint, he shouldered a trunk and soon succeeded in conveying them one after another to his quarters. Thus, he at least saved his originally intended outlay, though he never re- ceived the additional fee promised by the labor-despising Cali- fornian.
The colonel secured a room at the corner of Montgomery and Washington streets, about eight feet by ten, for post-office pur- poses, and commenced making preparations for distributing the mail, consisting of about five thousand letters. Having no boxes, he drew lines upon the floor, forming squares, which were duly
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alphabeted, in which the letters were arranged. These he de- livered through a hole in the window, made by the removal of a pane of glass. Col. Geary's labors were most arduous-he was constantly at the delivery window-assistants could only be em- ployed at the high price of sixteen dollars a day, and their labors he was compelled to overlook and direct. It was not long, how- ever, before he had made such vast improvements as to render the postal arrangements very complete. He removed the office to the north-east corner of Washington and Stockton streets, and thence to the south-west corner of Clay and Pike streets, where it remained for a considerable time. Scarcely was the office properly arranged, and in good working order, when Col. Geary learned that General Taylor had, on his induction into the presidency, appointed a successor. Too independent to retain it a day longer than necessary, he applied to Col. Allen, then mail agent for California, to release him from his contract with the general government. Col. Bryan temporarily discharged the duties of the office, until the arrival of Jacob B. Moore, Esq., on whom the administration had bestowed the position. A uni- versal sentiment of regret prevailed on the reception of this in- telligence. Col. Geary, by his promptness and incredible dispatch in reaching the city and opening his office, and the admirable manner in which he conducted it, had won the esteem and con- fidence of the people. Owing to his removal from office, and the impossibility of deciding upon his future course, but chiefly because of the disordered state of the city, occasioned by the outrages of the "Hounds," rendering it actually unsafe for any lady to reside there, Col. Geary determined to let his family remain no longer, but sent back to Pennsylvania, in company with long tried friends, his wife and her two babes, the youngest of whom had been born in April, and was the first male child of purely American parents that was born in San Francisco after the cession of California to the United States. He now formed a co-partnership with Messrs. Wm. Van Vorhees and O. P. Sutton, and entered into a general auction and commission business, under the name of Geary, Van Vorhees and Sutton.
The proclamation of General Riley, governor of California, having been issued a short time previous, the people began to
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look around for candidates, and Col. Geary was selected for the office of First Alcalde. Notwithstanding he repeatedly and ab- solutely refused to be a candidate, his name was placed on every one of the ten different tickets, and in the ensuing election, he received every vote cast for the office, as is officially certified in the following document :
"To Hon. John W. Geary :-
" At a special election held in San Francisco, August 1st, 1849, to fill the vacancy existing in the office of First Alcalde of said town and district, you were elected by fifteen hundred and sixteen votes, being the whole number cast.
" FREDERICK BILLINGS, "Chairman Bd. Inspectors and Judges. " San Francisco, August 2d, 1849."
Col. Geary had vacated his postmastership in favor of Col. Bryan, who, on July 23d, assumed his duties, as soon as possible after hearing of Mr. Moore's appointment of April 15th. Eight days after, the entire population, by their flattering vote, had demonstrated their confidence in his abilities. In obedience to such a testimonial, the newly-elected alcalde entered on the du- ties of his position, after taking the oath of office and being duly commissioned by Governor Riley. The latter remarked in his address on the occasion, in the presence of Commodore Jones and others, that he was highly pleased at the result of the election, that he entertained the highest regard and esteem for the colonel, and was prepared to support him on all occasions, and if necessa- ry call in the aid of the army ; "and," remarked Commodore Jones, "add the navy, also." About this same time, Governor Riley personally placed in his hands the following appointment to the office of Judge of First Instance (Juez de primera In- stancia).
"Know all men by these presents, that I, Bennet Riley, Brevet Brig. Genl. U. S. A., and Governor of California, by virtue of authority in me vested, do hereby appoint and confirm J. W. Geary as Judge of First Instance in and for the District of San Francisco, to date from the first of August, 1849.
" Given under my hand and seal at San Francisco, Cala., this 6th day of August, A. D., 1849.
"B. RILEY.
( Official.) " Bt. Brig. Genl. U. S. A. and Gov. of California.
"H. W. HALLECK, Bt. Capt. and Secretary of State."
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Colonel Geary immediately set about the organization of the city, and the establishment of an efficient police force. The task was herculean. Pandemonium had to be quieted-chaos re- duced to order. Here was a large maritime city, with a popula- tion of about twenty thousand persons, and embracing a strange medley of dangerous and desperate characters-without a solita- ry officer, or a single law to govern or control them. All these rebellious elements had to be subdued, and good citizens made of daring bravados. This task fell upon the alcalde, who had to perform the duties of every one of the customary officers of a city and county jurisdiction. He was sheriff, probate, recorder,-even notary public and coroner. He daily held an ordinary police or mayor's court ; an alcalde's court for the minor cases and general executive matters of the city ; a court of first instance with uni- versal civil jurisdiction ; a court of first instance with like crimi- nal extent ; and a court of admiralty for maritime cases. In fine, he was the curator of the public, doing every thing that was to be done, even to the holding of inquests and taking acknow- ledgment of deeds. For a long time there was no other magis- trate in the place, until Judge Geary himself requested the appointment of other judicial officers, and Hon. Wm. B. Almond was made Judge of First Instance with civil jurisdiction only. Judge Geary performed all these varied and intricate duties with the utmost satisfaction, until the month of January following, when a new election took place, and he was re-elected alcalde, having all but twelve of nearly four thousand votes polled. He continued in this office until the ensuing spring, when the old Mexican institutions were supplanted by our own system of mu- nicipal government.
Under the old Mexican laws, alcaldes had power to grant away the public lands at the fixed rates of twelve dollars for fifty-vara lots and twenty-five dollars for one hundred-vara lots. All American alcaldes, previous to Geary's time, had availed themselves of this privilege, and disposed of an immense amount of valuable property at the above mere nominal rates. Soon after the organization of the ayuntamiento, a resolution was offered authorizing and directing the alcalde to make such grants at the legal rates. While the matter was yet in debate, Col.
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Geary argued against it and refused to obey it if passed, declaring that rather than make such grants he would relinquish his office, since it would disgrace any man in after years to give away so much property at prices so far below its real value. In accord- ance with his suggestions, a committee of the ayuntamiento was directed to ascertain the value of the city property at the rates named. Their report stated it to be $35,000. On learn- ing which, a small portion was ordered to be sold at public auction. This realized the handsome sum of half a million of dollars, which was duly accounted for and placed in the city treasury. The large tracts remaining unsold were now proportionally worth probably several millions of dollars. Such conduct cannot be too highly commended, at a time when precedent, law and the direc- tion of the ayuntamiento would have sanctioned the disposal of the entire public domain for merely nominal prices. Hence the titles that bear Judge Geary's signature are regarded the best that can be possessed-since the citizens of the place are familiar with his open and aboveboard conduct in regard to this affair. Certain innuendos were afterwards circulated to the effect that he had availed himself of his position and opportunities as a Com- missioner of the Funded Debt to purchase lots at low rates for his own aggrandizement,-a malicious slander that best refutes itself,-for no one will believe that any man, then possessed of as much as he need want, would contaminate his hands and risk an untarnished reputation, for a few thousand stolen dollars, when but a few months before, being then poor, he might have enriched both himself and friends with millions, perfectly in accordance with the law, and without detection or censure.
Col. Geary went into office as alcalde soon after the affair of the " Hounds." From that time until the office was abolished, the city was remarkable for the order which prevailed, and its comparative freedom from the commission of heinous crimes. The city comprised people of every nation, class and sort, many of whom had for months been exercising an unrestrained course of villainy and rascality, yet no civilized community has ever been more harmoniously governed ; and even after his adminis- tration had ceased, its condition could not compare with what it had been before, as was proved from the necessity of the action
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of the Vigilance Committee. Thefts and robberies were of so rare occurrence that valuable goods were frequently left in the streets unwatched and undisturbed, and people had no hesitancy in quitting their unprotected and generally open abodes for hours and even days, without the slightest apprehension of suffering loss during their absence. The rogues had either left the place or were terror-stricken by a few examples of severe reprehension that were given. They soon learned that they had little to ex- pect from the tenderness or partiality of the magistrate. A con- viction was sure to be followed by a merited and speedy punish- ment, rendered as severe as opportunities permitted and circum- stances seemed to demand. Finding that rascals cared little for confinement in the prison-brig, where they ate the bread of idle- ness at the public expense, the alcalde adopted a better method to hold them in awe and teach them the observance of good manners. He established a chain-gang, and attaching a chain and large ball to the ankles of the criminals that they might not escape, set them to work at improving the public streets, thus compelling them to earn their keeping, and at the same time be serviceable to the community. This company became a feature of the place. The people of San Francisco appreciated these efforts, and even those who suffered admitted the justice of his decrees. Of twenty-five hundred civil and criminal cases tried by the alcalde, not more than a dozen appeals had been taken from his decisions, and not one was ever reversed. Throughout the whole period of his arduous labors, he had exercised the most unwavering firmness in the execution of his duty, regardless of preference or friendship. He sought, too, to infuse the seeds of prosperous and healthy life in the community, by his efforts in the cause of education, and was instrumental in the establishment of the first permanent public school in the town, whereby its youths might be properly instructed and effectually shielded from the vicious examples and temptations surrounding them.
Not less commendable were his exertions for the sanitary good of the town during the fearful season of the cholera, which then appeared in San Francisco. He was elected president of both the State and City Boards of Health, and was as efficient in
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combating the attacks of disease, as he had been those of a more tangible foe on the field of battle.
The first city charter was adopted May 1st, 1850, and Col- onel Geary elected mayor under its provisions by a large and flattering vote. The important measures that he accomplished in perfecting the re-organization of the city, have been minutely detailed in other parts of this work. He sustained the city credit, and used the veto power repeatedly and judiciously in restraining the extravagant outlays of public funds that the councils, here as in eastern cities, continually voted. These were calculated to impoverish the city, by vesting a series of wealthy monopolies in the hands of private individuals. During this administration, occurred the great conflagrations that we have described elsewhere. For his almost superhuman efforts to save the city from total destruction during these calamities, Mayor Geary received the grateful thanks of the entire press. Pene- trating boldly into the midst of the burning districts, he person- ally ascertained the nature and extent of the disasters, and suc- ceeded in staying their progress by ordering the destruction of various buildings,-including valuable property of his own. Sev- eral times the owners threatened his life, and one discharged a pistol at him ; but nothing intimidated he hurled this man to the ground, and axe in hand was the first to execute the order he had issued. By these prompt actions he prevented the loss of millions of dollars worth of property. Some of the owners of the buildings he had officially ordered destroyed, supposing him able to pay, subsequently endeavored by vexatious legal pros- ecutions to compel him to indemnify them for their losses out of his private purse, notwithstanding he had suffered as severely as themselves, and his acts acknowledged not only to be judicious but absolutely demanded under the circumstances. The squatter riots at Sacramento furnished Mr. Geary another oppor- tunity of eliciting the applause of his fellow citizens by his efficient promptness on occasions of emergency and danger. Hastily enrolling a large force of citizen soldiery, comprising the first men of the town, he led them to the scene of disorder, and by his timely appearance aided materially in restoring quiet. Both the civil and military authorities of Sacramento, and the
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press of both cities, were loud in their commendation of his heroic and voluntary assistance.
Toward the expiration of his term of office, Colonel Geary received a communication numerously signed by respectable indi- viduals and business firms of every political complexion, request- ing him to be a candidate for re-election to the mayoralty, which he positively declined ; but was soon after created by the State Legislature a member of the Board of Commissioners of the Funded Debt, and on the organization of that body was elected their president. The city was then $1,500,000 in debt, at a current interest of three per cent. per month, or an aggregate of $540,000 per annum-a sum so immense that by its own accumulation it would soon have swallowed up the vast resources and real estate of the eity. At first it was difficult to get indi- viduals holding city scrip to fund it, exchanging it for bonds bearing only ten per cent. per annum interest ; but the commis- sioners, by untiring efforts, finally created a public opinion in favor of funding, by showing that it was the only manner in which the city could ever hope to pay her indebtedness and keep her faith with her creditors. These representations, and especially a pro- vision of the same Aet of Legislature creating the commissioners, that conveyed to them all the city lands in trust for the benefit of its creditors, finally induced a majority of the holders to sur- render their serip. Some positively refused to fund their accounts, and preferred suing and obtaining judgment against the city, and levying upon these lots, which the sheriff accordingly sold, though he and the publie had been repeatedly warned of their conveyance by deed of trust to the commissioners. The courts would not grant injunctions to stop these sales, and the parties interested refused to accept a settlement and satisfaction of their judgments, although in one instance Colonel Geary offered to secure the amount from his own private estate. Notwithstanding the board had done every thing in their power to attain their object, acting under the advice of their attorney, one of the most astute lawyers in the State, Hon. Solomon Heydenfeldt, now seated on the bench of the Supreme Court, and had even pub- lished catalogues of sales, they were prevented from ever making them by the injunctions of the courts, who seemed to conspire
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against them. The Supreme Court has since legalized the sheriff's sales, yet the plan of funding the debt has been suc- cessful, and alike honorable to the commissioners and City of San Francisco, their bonds having risen from twenty-five per cent. to their face value with interest added, and are now con- sidered as safe and good investment as can be made in the State. Having carefully examined and investigated all the facts con- nected with the course of the commissioners, we know of none other that could be prosecuted by them that would have resulted with so much credit and benefit to the city.
San Francisco was, in the latter part of the year 1851, startled by intelligence from southern California, that the Indians were murdering the citizens of San Diego and its vicinity. Col. Geary immediately issued a call for volunteers, and succeeded in enrolling a fine cavalry corps of one hundred and thirty men- which, with a company under Captain Aldrich, held themselves in readiness to proceed to the south. It was, however, learned by subsequent news from the sufferers that their interference would not be required ; yet. in this instance, as on every other, Col. Geary exhibited his willingness ever to draw his sword and risk his life in the cause of right, honor and humanity.
Col. Geary left San Francisco, February 1st, 1852, on a six months' leave of absence from the board ; but the death of his wife, whom he found sick on reaching home, and of several other near and dear relatives, has since prevented him from returning to the scene of his usefulness. He at present resides on his farm in Westmoreland County, and is ever actively alive to the interests and prosperity of San Francisco, and her rising rank among the great cities of the world.
CEHLSCHLAGER.
CHARLES J. BRENHAM,
SECOND AND FOURTH MAYOR OF SAN FRANCISCO.
MANY of the citizens of New Orleans and the Mississippi Valley, as well as travellers upon the great "Father of Waters," will remember the cordial, gallant and popular commander of some of the finest steamers on the Mississippi River, running between Vicksburg and the Crescent City, a few years ago-the subject of this sketch. Charles J. Brenham was born in Frankfort, Ken- tucky, November 6th, 1817. Leaving home early in life, before the age of twenty years, he found himself at Natchez, master of one of the best steamboats on the river. When he arrived in New Orleans, the underwriters, at first, refused insurance, be- cause of his extreme youth. He might have imitated in his reply the apt retort of John Randolph-" Ask my constituents." But the opinions and endorsements of older heads finally over-
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came the objections to his younger one, and he was allowed to occupy the position which his capacity had won. He proved himself a very competent commander. Having followed the business with varying success for several years, now in the full tide of fortune, now seeing the flames consume or the waters en- gulf his entire possessions, he finally determined to seek a new field of adventure.
Mr. Brenham left New Orleans, June 17th, 1849, for Cali- fornia, and arrived at San Francisco on the 18th of August fol- lowing. A short time afterwards he took command of the steamer McKim, running between San Francisco and Sacra- mento. While thus employed, he was, in 1850, much to his surprise, nominated by the whig party as a candidate for the mayoralty. Mr. Brenham had always been a thorough and ar- dent whig, but had taken no part in politics. The nomination was unsolicited and unexpected, and our subject being very pros- perous at the time, rather deprecated the election than other- wise ; indeed the position was strange to one who had never contemplated such a thing. The canvas was warmly conducted ; but Mr. Brenham never left his business for a moment, nor did he once go on shore for the purpose of electioneering, he having stipulated with the party that he would only accept the nomina- tion on the condition that he should not be required to neglect his private business. He was, however, defeated by the election of Col. Geary.
A short time afterwards, Mr. Brenham, in conjunction with others, purchased the steamer Gold Hunter. He took command of that vessel, and remained in her until she was placed in the Mazatlan trade. In 1851, he was again nominated by the whig party for the mayoralty. He was opposed by Mr. Frank Tilford, a very popular democrat, and for the previous year recorder of the city. The canvas at this time was the severest, and the ex- citement the greatest by far that had taken place at any previous election, and greater than any other which has taken place since ; and it can be said with truth that the success of the ticket was mainly attributable to the activity and exertions of Mr. Bren- ham. For weeks previous he made specches every night, and considering that he was quite unaccustomed to fill such a posi-
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tion, he acquitted himself as a public orator with great credit. On the 5th of May, 1851,-the day after the great fire,-Mr. Brenham entered upon the duties of office. The city was burned down, and broken in credit ; she had not funds sufficient to buy even stationery for the officers of the municipal government.
The year 1851, will ever be regarded as the most event- ful that had yet occurred in San Francisco, and the admin- istration of the municipal affairs may be considered an era in the history of the city, as having been the most economical, faith- ful and watchful of her true interests. The common council was composed of men who had the interest of the city alone at heart, and who nobly responded to the exigencies of the times. Be- sides the embarrassment occasioned this year by the prostrate condition of the municipal affairs, this administration encoun- tered all the excitement and troubles of the Vigilance Committee times. The position of the mayor was one of great delicacy and difficulty ; but he faltered not, although in the strict discharge of his duty he was often compelled to appear in open collision with the people. In the noted riot, when attempts were made to wrest from the court and officers the prisoner Lewis, charged with arson, nothing but Mr. Brenham's resolution and firmness prevented the mob from taking Lewis and executing him at once. Among the many acts of the mayor during this year worthy of great praise, time has shown that none will compare with his advocacy of the measure to have the "Peter Smith" judgments paid, at that time amounting only to the sum of $40,000. Had his advice and counsel been heeded, a vast amount of money and property would have been saved to the city.
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