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 66
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THEODORE PAYNE.
missioners to sell the great landed interests of the city, the bene- fits of which appointment they still enjoy. In the prosecution of this business many and great opportunities occurred for lucra- tive speculations in real estate, of which Mr. Payne so judiciously availed himself, that, in a very brief period he accumulated valu- able property to a very considerable extent.
In the mean time he had met with serious reverses. Like almost every other business man in San Francisco, he was a heavy loser by the frequent terrific conflagrations that swept over the entire populous portions of the city. On more than one occasion his whole carnings were suddenly snatched from him by these wholesale and frightful calamities. But still he never sunk into the slough of despondency, but bore his severe losses with ad- mirable philosophy, retained his extraordinary cheerfulness of disposition, and never slackened his efforts, nor suffered his ener- gies to diminish for a single moment. " Onward " was his motto, and when thrown down by one calamity, he was soon up again, and at work, to repair the injuries sustained.
In the gloomiest days that San Francisco has ever known- when the city was involved in debt to an immense amount, and very few could discern by what means its liabilities could ever be met, or its difficulties overcome-when many lost all confidence, and even left the place in despair-when real estate had deteri- orated in value to almost nothing-when the corporation script could not be sold for one third its face value-when, in fact, the great mass of the population were fast relinquishing all hopes of its future prosperity-Mr. Payne was among the few clear-sighted and far-seeing citizens who doubted not its subsequent greatness. A large portion of the city property had been sold at sheriff's sale under executions in favor of its creditors, at mere nominal prices, redeemable six months after date of sale. The limited time expired ; but the commissioners were without funds to redeem the property. Mr. Payne took a lively interest in the matter, and perceiving that this large amount of property was likely to be inevitably sacrificed, nobly stepped forward and offered to the commissioners the needed relief, which was gladly accepted. Messrs. T. Payne & Co. drew a check on Messrs. Page, Bacon & Co., for the large amount of $17,696, which was the sum
51
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ANNALS OF SAN FRANCISCO.
required to meet the emergency. Thus Mr. Payne continued to exhibit an unwavering confidence in the future ability of the city to meet its liabilities and recover its earlier prosperity. It was at this period that his rare business qualifications and remarkable powers of discernment were rendered most conspicu- ous. With great exertion, and patient toil, and persevering effort he succeeded in calling the attention of capitalists to the true condition of things and the ultimate value that would be attached to the city property, and his labors, as much as those of any other individual, tended to effect the rapidly increased value of lots within the city limits ; always maintaining that San Francisco would become a great commercial metropolis, and that neither fire, nor flood, nor earthquakes, nor storms, would arrest its pro- gress. Even as far back as 1849, he advocated these views. At that period much was said in favor of Benicia ; and many sensi- ble people contended that that city would take precedence of any other in the State. On this ground Mr. Payne was strongly urged to remove to the latter named place ; but he ridiculed the idea, and pointed out very clearly the superior advantages that San Francisco then possessed and would ever maintain. The result shows the propriety of his judgment. Many persons through his persuasion were induced to invest their limited means in land purchases, through which they have suddenly accumulated handsome fortunes. The advice he gave to others he followed himself, and thus became one of our wealthiest citizens.
Mr. Payne has signalized himself by the active part taken by him in many of the popular excitements that have agitated San Francisco. In the memorable affair of February, 1851, when the enraged populace had resolved upon lynching and hanging the men Burdue and Windred, for an alleged assault upon Mr. Jansen, he was chosen one of the Committee of Safety, and did himself credit by wise and judicious counsel. During the " Colton Grants " excitement which threatened to result in seri- ous public disturbances, he did service to the city by his active opposition to the attempts made by certain parties to possess themselves of the property of others and the city on the plea of holding those fraudulent and worthless titles. He was the means of arresting several, who, upon this pretence, had taken possession
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THEODORE PAYNE.
of and were piling in the public slips. For his services in this matter he was presented by a number of prominent merchants with a superb magic-case watch richly set with diamonds. He was among the most active of those who, to prevent a useless squandering of the public funds, opposed the purchase by the common council of the Jenny Lind Theatre at the extravagant
REAL ESTATE & STOCK SALES
ROOM
SALES ROCH
THEODORE PAYNE&C"
Formerly the Jackson House, south-west corner of California and Montgomery streets.
price of two hundred thousand dollars. Indeed, whenever and wherever the interests of the city were about being jeopardized, Mr. Payne was sure to be found among its supporters and defend- ers-a strenuous advocate of its rights, and a fearless and deter- mined opposer of every corrupt and selfish official scheme. Although a firm and stanch democrat, he kept aloof from all cliques and party caucusses, whose ends were personal advance- ment rather than the public good.
Since the fall of 1849, Mr. Payne has been a useful and effi- cient member of the Fire Department, and is now one of the Trustees of its Charity Fund. He early became a member of the first Masonic Lodge established in San Francisco, and con-
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ANNALS OF SAN FRANCISCO.
tributed generously to the many works of charity performed by that benevolent institution. In fact, when an act of generosity was to be done-when donations for the relief of the sick or dis- tressed were required-the kind-hearted subject of this sketch was never appealed to in vain. His sympathies were ever as large as his purse, and on some occasions they drew forth charitable con- tributions which the latter could but ill afford.
In September, 1851, Mr. Payne was elected by the people to the office of Street Commissioner, and for a time performed its duties. But before the term for which he was elected expired, he for sundry reasons vacated the situation, and turned his entire attention to his business, which was far more agreeable to his feelings and beneficial to his interests. Having removed his family to San Francisco, he is now among its permanent, most useful and valued citizens. Besides other prominent associations to which he is attached, he is a highly respected member of the well-known " Society of California Pioneers."
APPENDIX.
SEAL
OF
THE
GREAT
EUREKA
ST
AVE
THE
CA
SEAL OF THE STATE OF CALIFORNIA.
THE credit of the design of the Great Seal of the State of California, as well as the $1000 award for the same, were given to Caleb Lyons of Lyonsdale, N. Y., at that time a resident of this State. Much disenssion having been occasioned both with respect to the artistic merit of the dev ce and its real paternity, it may not be out of place here, to state the facts concerning it.
The convention which framed the Constitution of the State of California passed a resolution, appropriating $1000 for a design for the official Great Seal. One was presented by Mr. Lyons, of which he professed to be the author. It represented the bay of San Francisco as emblematic of the commercial importance of the City and State; with the goddess Minerva, in the foreground, illustrat- ing its sudden springing into maturity ; and the Sierra Nevada in the distance, as indicativo of the mineral wealth of the country. The motto was the Greek word "Eureka," (Eupyka, I have found it). This was presented to the committee, which consisted virtually of Hon. John MeDougal, his associate, IIon. Rodman M. Price, being absent. Gen. MeDougal was pleased with the design, and wished it adopted with little or no alteration ; but finding that impossible, consented to several minor additions. Thus the figure of the grizzly bear was added, as appropriate to the only section of the country producing that animal. This was especially insisted upon by those who had borne a part in the " Bear Flag " affair, conspicuous among whom was the Hon. Jacob R. Snyder. The native Ca'l- fornians, on the other hand, opposed it, wrongly supposing that its introduction was Intended to In- mortalize that event. The sheaf of wheat and bunch of grapes were also adopted. as emblems of the agricultural and horticultural interests of the southern sections of the State, particularly. With these exceptions, the seal as designed by Mr. Lyons, was that selected.
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ANNALS OF SAN FRANCISCO.
CONSTITUTION OF THE STATE OF CALIFORNIA.
ARTICLE I.
DECLARATION OF RIGHTS.
Section 1. All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty ; acquiring, possessing and protecting pro- perty ; and pursuing and obtaining safety and happiness.
Sec. 2. All political power is inherent in the people. Government is instituted for the protection, security and benefit of the people ; and they have the right to alter or reform the same, whenever the publie good may require it.
Sec. 3. The right of trial by jury shall be secured to all, and remain inviolate for ever; but a jury trial may be waived by the parties, in all civil cases, in the manner to be prescribed by law.
Sec. 4. The free exercise and enjoyment of religious protession and worship, withont discrimina- tion or preference, shall for ever be allowed in this State ; and no person shall be rendered incompe- tent to be a witness on account of his opinions on matters of religious belief; but the liberty of con- science, hereby secured, shall not be so construed as to excuse acts of licentiousness, or justify prac- tiees inconsistent with the peace or safety of this State.
Sec. 5. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require its snpension.
Sec. 6. Excessive bail shall not be required, nor excessive fines imposed, nor shall ernel or unusual punishments be inflicted, nor shall witnesses be unreasonably detained.
Sec. 7. All persons shall be bailable by sufficient sureties ; unless for capital offences, when the proof is evident or the presumption great ..
Sec. 8. No person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of militia when in actual service, and the land and naval forces in time of war, or which this State may keep with the consent of Congress in time of peace, and in cases of petit larceny under the regulation of the Legislature) unless on presentment or indictment of a grand jury ; and in any trial in any conrt whatever, the party accused shall be allowed to appear and de- fend in person and with counsel, as in civil actions. No person shall be subject to be twice put in jeop- ardy for the same offence ; nor shall he be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.
Sec. 9. Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal proseentions on indictments for libels, the truth may be given in evidence to the jury ; and if it shall appear to the jury that the matter charged as libellous is trne, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.
Sec. 10. The people shall have the right freely to assemble together, to consult for the common good, to instruct their representatives, and to petition the Legislature for redress of grievances.
Sec. 11. All laws of a general nature shall have a uniform operation.
Sec. 12. The military shall be subordinate to the civil power. No standing army shall be kept up by this State in time of peace ; and in time of war no appropriation for a standing army shall be for a longer time than two years.
Sec. 13. Ne soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, except in the manner to be prescribed by law.
Sec. 14. Representation shall be apportioned according to population.
Sec. 15. No person shall be imprisoned for debt, in any civil action on mesne er final process, unless in cases of frand ; and no person shall be imprisoned for a militia fine in time of peace.
Sec. 16. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed.
Sec. 17. Foreigners who are, or may hereafter become bona fide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment, and inheritance of property, as native born citizens.
Sec. 18. Neither slavery, nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this State.
Sec. 19. The right of the people to be secure in their persons, bouses, papers, and effects, against unreasonable seizures and searches, shall not be violated; and no warrant shall issue but on probable
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cause, supported by oath or affirmation, particularly describing the place to be searched, and the per- sons and things to be seized.
Sec. 20. Treason against the State shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall he convicted of treason, unless on the evi- dence of two witnesses to the same overt act, or confession in open court.
Sec. 21. This enumeration of rights shall not be construed to impair or deny others retained by the people.
ARTICLE II.
RIGHT OF SUFFRAGE.
Section 1. Every white male ci izen of the United States, and every white male citizen of Mexico, who shall have elected to become a citizen of the United States, under the treaty of peace exchanged and ratified at Queretaro, on the 30th day of May, 1849, of the age of twenty-one years, who shall have been a resident of the State six months next preceding the election, and the county or district in which he claims his vote thirty days, shall be entitled to vote at all elections which are now or here- after may be authorized by law : Provided, that nothing herein contained shall be construed to pre- vent the Legislature, by a two thirds concurrent vote, from admitting to the right of suffrage, Indians or the descendants of Indians, In such special cases as such a proportion of the legislative body may deeni just and proper.
Sec. 2. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest on the days of the election, during their attendance at such election, going to or returning therefrom.
Sec. 8. No elector shall be obliged to perform militia duty on the day of election, except in time of war or public danger.
Sec. 4. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States ; nor while en- gaged in the navigation of the waters of this State, or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any almshouse, or other asylumn, at public expense ; nor while confined in any public prison.
Sec. 5. No idiot or insane person, or person convicted of any infamous erime, shall be entitled to the privileges of an elector.
Sec. 6. All elections by the people shall be by ballot.
ARTICLE III.
DISTRIBUTION OF POWERS.
The powers of the Government of the State of California shall be divided into three separate departments : the Legislative, the Executive, and Judicial ; and no person charged with the exercise of powers properly belonging to one of these departments, shall exercise any functions appertaining to either of the others, except in the cases hereinafter expressly directed or permitted.
ARTICLE IV. LEGISLATIVE DEPARTMENT.
Section 1. The legislative power of this State shall be vested in a Senate and Assembly, which shall be designated the Legislature of the State of California ; and the enacting clause of every law shall be as follows: "The people of the State of California, represented in Senate and Assembly, do enact as follows."
Sec. 2. The sossions of the Legislature shall be annual, and shall commence on the first Monday of January, next ensuing the election of its members, unless the Governor of the State shall, In the interim, convene the Legislature by proclamation.
Sec. 3. The members of the Assembly shall be chosen annually, by the qualified clectors of thelr respective districts, on the Tuesday next after the first Monday in November, unless otherwise ordered by the Legislature, and their term of office shall be one year.
Sec. 4. Senators and members of Assembly shall be duly qualified electors in the respective conn- ties and districts which they represent.
Sec. 5. Senators shall be chosen for the term of two years, at the same time and places as mem- bers of Assembly ; and no person shall be a member of the Senate or Assembly who has not been a citizen and inhabitant of the State one year, and of the county or district for which he shall be chosen, six months next before his election.
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ANNALS OF SAN FRANCISCO.
Scc. 6. The number of Senators shall not be less than one third, nor more than one half, of that of the members of Assembly ; and at the first session of the Legislature after this Constitution takes effect, the Senators shall be divided by lot as equally as may be, into two classes; the seats of the Senators of the first class shall be vacated at the expiration of the first year, so that one half shall be chosen annually. .
See. 7. When the number of Senators is increased, they shall be appointed by lot, so as to keep the two classes as nearly equal in number as possible.
Sec. S. Each House shall choose its own officers and judge of the qualifications, elections, and returns of its own members.
Sec. 9. A majority of each House shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner, and under such penalties, as each House may provide.
Sec. 10. Each House shall determine the rules of its own proceedings, and may, with the concur- rence of two thirds of all the members elected, expel a member.
Sec. 11. Each House shall keep a journal of its own proceedings, and publish the same; and the yeas and nays of the members of either House, on any question, shall, at the desire of any three members present, be entered on the journal.
Sec. 12. Members of the Legislature shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest, and they shall not be subject to any civil process during the session of the Le- gislature, nor for fifteen days next before the commencement and after the termination of each session.
Sec. 13. When vacancies occur in either House, the Governor, or the person exercising the func- tions of the Governor, shall issue writs of elections to fill such vacancies.
Sec. 14. The doors of each House shall be open, except on such occasions as, in the opinion of the House, may require secrecy.
Sec. 15. Neither House shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting.
Sec. 16. Any bill may originate in either House of the Legislature, and all bills passed by one House may be amended in the other.
See. 17. Every bill which may have passed the Legislature, shall, before it becomes a law, be pre- sented to the Governor. If he approves it, he shall sign it; but if not, he shall return it, with his ob- jections, to the House in which it originated, which shall enter the same upon the journal, and pro- ceed to reconsider it. If, after such reconsideration, it again pass both Houses, by yeas and nays, by a majority of two thirds of the members of each House present, it shall become a law, notwithstaud- ing the Governor's objections. If any bill shall not be returned within ten days after it shall have been presented to him, (Sunday excepted.) the same shall be a law, in like manner as if he had signed it, unless the Legislature, by adjournment, prevent such return.
Sec. 18. The Assembly shall have the sole power of impeachment; and all impeachments shall be tried by the Senate. When sitting for that purpose, the Senators shall be upon oath or affirma- tion ; and no person shall be convicted, without the conenrrence of two thirds of the members present.
Sec. 19. The Governor, Lieutenant-Governor, Secretary of State, Comptroller, Treasurer, Attor- ney General, Surveyor General, Justices of the Supreme Court and Judges of the District Courts, shall be liable to impeachment for any misdemeanor in office ; but judgment in such cases shall ex- tend only to removal from office, and disqualification to hold any office of honor, trust, or profit, under the State; but the party convicted or acquitted, shall nevertheless be liable to indictment, trial, and punishment according to law. All other civil officers shall be tried, for misdemeanors in office, in such a manner as the Legislature may provide.
Sec. 20. No Senator, or member of Assembly, shall, during the term for which he shall have been elected, be appointed to any civil office of profit, under this State, which shall have been created, or the emoluments of which shall have been increased, during such term, except such office as may be filled by elections by the people.
See. 21. No person holding any lucrative office under the United States, or any other power, shall be eligible to any civil office of profit, under this State : Provided, that officers in the militia to which there is attached no annual salary, or local officers and post-masters whose compensation does not exceed five hundred dollars per annum, shall not be deemed lucrative.
Sec. 22. No person who shall be convicted of the embezzlement, or defalcation of the public funds of this State, shall ever be eligible to any office of honor, trust or profit under this State ; and the Leg- islature shall, as soon as practicable, pass a law providing for the punishment of such embezzlement, or defalcation, as a felony.
Sec. 23. No money shall be drawn from the treasury but in consequence of appropriations made by law. An accurate statement of the receipts and expenditures of the public moneys shall be at- tached to and published with tho laws at every regular session of the Legislature.
Sec. 24. The members of the Legislature shall receive for their services a compensation to be fix-
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CONSTITUTION OF CALIFORNIA.
ed by law and paid out of the public treasury ; but no increase of the compensation shall take effect during the term for which the members of either Honse shall have been elected.
Sec. 25. Every law enacted by the Legislature shall embrace but one object, and that shall be ex- pressed in the title ; and no law shall be revised, or amended, by reference to this title; but in such case, the Act revised, or section amended, shall be re-enacted and published at length.
Sec. 26. No divorce shall be granted by the Legislature.
Sec. 27. No lottery shall be authorized by this State, nor shall the sale of lottery tickets be allowed-
Sec. 28. The enumeration of the inhabitants of this State shall be taken, under the direction of the Legislature, in the year one thousand eight hundred and fifty-two, and one thousand eight hun- dred and fifty-five, and at the end of every ten years thereafter ; and these enumerations, together with the census that may be taken, under the direction of the Congress of the United States in the year one thousand eight hundred and fifty, and every subsequent ten years, shall serve as the basis of representation in both Houses of the Legislature.
Sec. 29. The number of Senators and members of Assembly shall, at the first session of the Legisla- ture bolden after the enumeration herein provided for and made, be fixed by the Legislature, and appor- tioned among the several counties and districts to be established by law, according to the number of white inhabitants. The number of members of Assembly shall not be less than twenty-four, nor more than thirty-six, until the number of inhabitants within this State shall amount to one hundred thousand ; and after that period, at such ratio that the whole number of members of As- ein- bly shall never be less than thirty nor more than eighty.
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