USA > California > San Francisco County > San Francisco > The beginnings of San Francisco : from the expedition of Anza, 1774, to the city charter of April 15, 1850 : with biographical and other notes, Vol. I > Part 12
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* Davis: Sixty Years in California.
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TRADE ON THE COAST
up and ship and cargo condemned and sold. The whalers coming into San Francisco bay for supplies and anchoring at Sausalito were allowed to trade goods in limited amounts in payment of supplies and they took advantage of their privilege to engage in extensive smuggling operations.
Having attended to the formalities of the custom- house at Monterey the ship became a floating store and traded up and down the coast until her cargo was disposed of and a return load secured. As the hides were collected they were taken to La Playa at San Diego where great hide houses were erected for their curing and storing and where the ship loaded for her homeward voyage. The Boston houses found the trade very lucrative. They sold their goods at a large profit and bought their return cargoes at a low price. A voyage generally took between two and three years, and a house engaged in the trade contrived to have one or two ships on the coast all the time. Richard Henry Dana's Two Years Before the Mast gives a most interesting account of these "hide droghing" days and second only to this is William H. Thomes' On Land and Sea. The customs duties that in 1826 were thirteen thou- sand dollars, rose in 1835, the year of Dana's arrival, to fifty thousand dollars and in 1840 to seventy thousand dollars. These sums may be safely esti- mated at about one-half of what they should have been, while the annual exports of California were valued at that time at two hundred and forty-one
216
THE BEGINNINGS OF SAN FRANCISCO
thousand dollars, of which San Francisco furnished eighty-three thousand dollars. The Boston ships paid the greater part of these duties, but so extensive became the operations of the smugglers that the trade ceased to be profitable to houses that paid duties and the Boston ships retired.
The first private land grant in California was made November 22, 1775, to Manuel Butron, a soldier of the Monterey presidio, by virtue of his military services and also in recognition of the claims of his wife, Margarita, a daughter of the mission of the Cármelo. The grant was for a piece of land one hundred and forty varas square and was made by Don Fernando de Rivera y Moncada, comandante of California, and attested by Corporal Hermenegildo Sal, who acted as a sort of secretary of state.
This grant was made pursuant to a reglamento of Bucaréli, viceroy of New Spain, dated August 17, 1773. This reglamento authorized the coman- dante of California to distribute lands in private to such Indians as would devote themselves to agri- culture and the breeding of cattle; it also gave the comandante authority to distribute lands to settlers according to their merit and means of labor. The reglamento of Felipe de Neve, governor of California, approved by the king October 24, 1781, provided that the colonist (poblador) should receive one hundred and sixteen dollars and forty-four cents per year for two years and sixty dollars per year for the next three years, in lieu of rations; each was to
217
LAND FOR SETTLERS
receive a house lot (solar), and a planting lot (suerte) two hundred varas square, together with cattle, sheep, pigs, fowls, and implements, and was to be exempt from all taxes for five years. Each poblador was to hold himself equipped with two horses, a saddle complete, musket and other arms, for defense at the call of the governor. In the decree of August 18, 1824, the Mexican nation "promises to those foreigners who may come to establish themselves in its territory, security in their persons and property, provided they subject themselves to the laws of the country." It provided for distribution of lands to Mexican citizens, without distinction except only such as is due to private merit and services rendered. No one person could obtain ownership of more than one league square of five thousand varas of irrigable land (tierra de regadio), four superficial ones of land dependent on the seasons (de temporal), and six superficial ones for the purpose of rearing cattle (de abrevadero). Land within twenty leagues of the boundaries of any foreign nation, or within ten leagues of the coast could not be colonized without the previous approval of the general government. The general rules and regulations of November 21, 1828, authorized the governors of the territories, in compliance with the law of August 18, 1824, to grant vacant lands to such contractors (empresar- ios), families, or private persons, whether Mexicans or foreigners, who might ask for them for the purpose of cultivating and inhabiting them. These were the
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THE BEGINNINGS OF SAN FRANCISCO
laws under which lands were granted down to the time of the American occupation in 1846. The law made provision for the method to be followed in the granting of lands and no private grant was valid without the consent of the territorial diputacion, though an appeal to the supreme government could be taken by the governor should the diputacion reject a grant. The petitioner filed with his appli- cation a plan or sketch (diseño) of the desired tract. The request was then referred to the proper authori- ties for information concerning the applicant and the land desired, and if all was favorable, the grant was made, the papers (expediente) transmitted to the diputacion where they were copied into the record, and were then delivered to the applicant for his protection and constituted his title. But few grants were made prior to the establishment of the republic, but after the opening of the ports to foreign trade the applications for ranchos became more numerous and with the secularization of the mis- sions, the advent of the foreigners, and the general expectation of American domination, the scramble for land became very great. The foreigners were very well treated and by becoming naturalized obtained grants of land. Many of the Americans who came during the last days of Mexican control imagined that they were entitled to land, and refused to comply with the requirements of law, expecting to obtain it without doing so. Some even claimed that land had been promised them to induce them to
219
LAND COMMISSION CREATED
emigrate to California. Perhaps it had, but not by those who owned it. With the conquest and the subsequent discovery of gold, the land question became acute. Americans with guns in their hands asserted their right to "preempt" such land as they chose to consider vacant, and in the opinion of the "squatters" the Californians had no rights the conquerors were bound to respect. The matter was further complicated by the appearance of a number of alleged grants, whose timely production was, to say the least, suspicious.
In 1851 Congress passed an act creating a com- mission to examine all California land claims. Within a stated period all claims must be presented before the board by the claimants and those not so presented were to be no longer regarded, but the lands in question were then to be considered part of the public domain. All claimants were to appear before the board as suitors against the United States which as represented by its attorneys was to resist their claims. Either party could appeal from the decision of the board to the United States district court and thence to the United States supreme court.
The treaty of Guadalupe Hidalgo had guaranteed to Californians the protection of their property rights and the land bill of 1851 was an act of injustice and a violation of the spirit of the treaty. Instead of the protection guaranteed, the land owner was obliged to defend his title to land which had perhaps been in his family for many years and to which his
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THE BEGINNINGS OF SAN FRANCISCO
right was well known and had never been disputed. He was placed in the position of holding a fraudulent title which he had to defend at his own expense against a powerful opponent. The lawyers took immense fees in land and cattle, while the United States through its able attorneys contested the claims. By questioning the title, the law rendered the land hard to sell and the owner in order to raise money for taxes, support, and defense was obliged to part with a good portion at a fraction of its value and thus vast tracts fell into the hands of lawyers and speculating land sharpers. The resulting concentra- tion in a few hands of a great part of the agricultural lands worked to the detriment of the development of the state, while to the individual Californian the result was disastrous. If the land commission decided in his favor the case could be, and usually was, appealed to the district court and thence to the supreme court at Washington; the struggle for "pro- tection" lasting anywhere from five to twenty-five years, and long before a final decision was reached the once ranchero prince had perhaps parted with his last acre and was a vagabond and a wanderer.
CHAPTER XI. SPANISH ADMINISTRATION 1769-1846
U NDER the rule of Spain the administration of California was purely military. The terri- tory was divided into four districts, each under the protection of a military post known as a presidio .* A presidio was a walled camp about six hundred feet square whose walls of adobe were some fourteen feet high and five feet thick with small bastions flanking the angles. The walls had but one gate and were surrounded by a ditch twelve feet wide and six feet deep. Its armament generally con- sisted of eight bronze cannon-eight, twelve, and sixteen pounders. Although incapable of resist- ing an attack of ships of war these fortifications were sufficient to repel the incursions of Indians. Not far from the presidio was the fort or battery, called the castillo. Within the enclosure of the pre- sidio were the church, the quarters of the officers and soldiers, the houses of colonists, store houses, work- shops, stables, wells, and cisterns. The military reservation of a fort or presidio (egidos) as laid down by law was equal to a square of three thousand varas;} that is, fifteen hundred varas measured to "each wind" (cardinal point) from the center of its plaza. If the lay of the land was such that the measurement could not be made in the form of a square, the required quantity was to be made up by measurements in other directions. The commander
* From the Roman praesidium, a garrison or fortified camp.
1 3000 varas square equals 1564 acres.
223
224
THE BEGINNINGS OF SAN FRANCISCO
of the presidio had full jurisdiction within his district, subject to the approval of the governor. The governor, who was an officer of the army, held his appointment from the viceroy of New Spain; there was neither a legislative body nor council, the gov- ernor executing the orders of the viceroy and being responsible to him only. Each presidio furnished to the missions within its district, a guard (escolta) varying from five to eight soldiers under command of a corporal or sergeant, and also a guard of from two to five soldiers to each pueblo, keeping in the presidio as a garrison and for escort duty, expeditions, etc., from twenty to thirty men.
The small military establishment of California excited the wonder of foreign naval commanders visiting the coast. They could not understand Spain's neglect of a country of such great natural resources. The excellence of its climate, the fertility of its soil, the spaciousness of its harbors, rendered possible the creation of a province of great power and influence on the coast of the Pacific. Van- couver, writing in 1793, after describing the beauty of the country, its climate, soil, etc., says: "From this brief sketch some idea may be formed of the present state of the European settlements in this country, and the degree of importance they are to the Spanish monarchy, which retains the extent of country under its authority by a force that, had we not been eye-witnesses of its insignificance in many instances, we should hardly have given credit
CALIFORNIA INDIANS, NAPA VALLEY From BARTLETT's Narrative.
334 70: BEGINNINGS OF SAN FRANCISCO
ni roc presidio had Full jurisdiction within his district, wfuest to the wayvil of the governor. The governo!, who wir theofficer of the army, held hi appomtmen kum the viceroy of New Spain; there Was withsera Pondsuve body nor council, the gov- erner eur farine the orders of the viceroy and being Fach presidio furnished to The my r. within its district, a guard (escolta) Varvarre from hye to Light soldiers under command of a von arl or sergeant, and also a guard of from 198 le hve soldiers to each pueblo, keeping in the pre dio nt d o irricci And for escort duty, expeditions, To-, freien ewenig po thirty muy
Cle imall military establishment of California weired YIJJAV ALAN ZVAIGKI AINAOHNIAS Ommanders
oder tand Spain's neglect of a . I Mieb great natural resources. The care of ite climare, the fertility of its soll, the wwwisness of its harbors, rendered possible the creation of a province of great power and influence on the coast of the Pacific. Van- couver, wring if 1793, after describing the beauty of the semmiry, its climate, soil, etc., says: "From 10 Bff fletch some idea may be formed of the presentate of the European settlements in this worry, the degree of importance they are to the Spammt monarchy, which retains the extent sumary under its authority by a force that, had W por Ucen ere-withestes of its insignificance in ni instance .we should hardly have given credit
225
SMALL MILITARY FORCE
to the possibility of so small a body of men keeping in awe and under subjection the natives of this country, without resorting to harsh or unjustifiable measures. The number of their forces between port St. Francisco and San Diego, including both estab- lishments, and occupying an extent of one line of upwards of four hundred and twenty nautical miles, does not amount to three hundred, officers included. * *
"Should the ambition of any civilized nation att mpt to seize on these unsupported posts (the pre- sidios of San Francisco, Monterey, Santa Barbara, and San Diego) they could not make the least resistance and must inevitably fall to a force barely sufficient for garrisoning and securing the country."*
The force at the time of Vancouver's visit was two hundred and twenty-five men all told. It was increased in 1795 to two hundred and eighty, and in 1796 a company of seventy-five Catalan volunteers (infantry), and eighteen artillerymen were added, raising the force to three hundred and eighty-five men, the largest number it attained.
Until 1804 the two Californias were united under one governor, but in 1805 a separate governor was appointed for Lower California. The first governor of the Californias, Gaspar de Portola, was a captain of dragoons. His successors held the rank of lieutenant-colonel. The presidios were each com- manded by a lieutenant, but in 1805 these officers
* Vancouver: Voyage of Discovery ii, 499-501.
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THE BEGINNINGS OF SAN FRANCISCO
were raised to the rank of captain and henceforth the comandante held that rank. The capital of the Californias until 1777 was Loreto, in Lower California, Alta California being ruled by the coman- dante. In November 1777, the governor, Felipe de Neve, by order of the king, removed his office to Monterey, which henceforth with exception of a brief interval was the capital.
In the Mexican war for independence California took no part, and the sympathy of the people, so far as it was manifested, was with Spain. During the long struggle California suffered from neglect. For ten years the troops received no pay and but for the assistance rendered them by the missions, must have starved. The transports, which had twice a year brought supplies to the presidios, failed to appear and the result was great distress to the gar- risons. The supplies collected in 1810 for the Cali- fornia presidios were captured by the insurgent forces, and those collected in 1811 were held in Mexico for fear they would fall into the hands of the rebels while being conveyed to the coast. In 1812 the Russian- American company established a post at Bodega, a few miles north of San Francisco, built a fort, which they called Ross, and issued a proclamation express- ing a wish to establish commercial relations with their friends and neighbors, the noble and brave Spaniards of the Californias, and offering to supply them with the various lines of goods which they needed. Trade was forbidden the province, but
227
A PIRATICAL ADVENTURER
the necessities of the governor (Arrillaga) compelled him to supply from the Russian company some of the most imperative needs of the presidios. Another source of supply was the foreign ships visiting the coast for the skins of fur animals. This trade was, of course, strictly forbidden, but the smugglers managed to land goods from time to time to the great profit of those concerned and the relief of the needy inhabitants. For beef and produce the gover- nor made his requisitions on the missions, giving in payment his drafts on the real hacienda,* and in 1820 the missions held unpaid treasury drafts for hundreds of thousands of dollars. For ten years the padres supported the province and during that entire time received no salaries. There was no increase of popu- lation during this period beyond a few soldiers sent from Mexico and the natural increase in the families.
In November 1818, two ships flying the flag of the Buenos Aires insurgents suddenly appeared off Monterey and the commander, Captain Hippolyte Bouchard, a piratical adventurer, landed three hundred men and captured and plundered the presi- dio. The pirate then sailed south, plundered and burned the buildings of the Refugio rancho near Santa Barbara, and then departed without doing further damage in California. The news reached Mexico in December and a company of one hundred infantry was sent from San Blas and a cavalry com- pany of one hundred men from Mazatlan, to rein-
* Royal treasury.
228
THE BEGINNINGS OF SAN FRANCISCO
force the presidios. The San Blas infantry was composed of cholos-convicts and vagabonds of the lowest description-and they gave the Californians an infinite amount of trouble before they succeeded in getting rid of them.
After the independence of Mexico California became a territory of that republic and entitled to one diputado in its congress. The first territorial diputacion was organized at Monterey, November 9, 1822. It was composed of seven members, two substitutes, and a secretary. Each of the four presidial districts: Monterey, San Francisco, Santa Barbara, and San Diego, was represented by a mem- ber, one from the pueblo of Los Angeles, one at large, and the governor, ex-officio president. This was the first legislature of California. It was, however, more of the nature of a council than a legislative body. Its resolutions had to be sent for approval to the supreme government at Mexico. Figueroa said, in referring to its powers, "The Diputacion never had the vain pretension to attribute to any of its determinations the force of laws."* In 1827 the diputacion adopted a resolution changing the name of California to Moctezuma, but the govern- ment at Mexico, fortunately, did not give its ap- proval.
In 1825 a special board, the Junta Fomento de Californias, was assembled in the City of Mexico to formulate plans for the government and coloniza-
* Figueroa: Manifiesto, p. 26.
PORT OF MONTEREY IN 1846 Reproduced from DE MOFRAS' Atlas.
TO: HEGIS 7 63 OF SAN FRANCISCO
loro lhe presidios. The San Blas infantry was
composed of cholos convicts und vagabond of the Dwelt des ipcon- and they gave the Californians An infinite amchint of trouble before they succeeded io getliny-ud of them.
After the independence of Mexico California beenmy a merilrory of that republic and entitled to one diplinio o its congress. The first territorial dimarion was organized at Monterey, November 9, raz. It was composed of seven members, two wowieuets. and a secretory. Each of the four proonidial districts: Monterey, San Francisco, Santa Barbara, and San Diego, win sepre ented by a mein- bar, one From the pueblo of Los Angeles, one at large, and the governor was the 081 X11 YHHATZOLL HO TAO4 however, first Icei datu
mure Di the Than a legislative body. Je resolutions had to be sent for approval to the supreme government at Mexico. Figueroa said, in referring to its powers, "The Diputacion never had the vain pretension to attribute to any of i determinations the force of laws."* In 1827 the diputacion adopted a resolution changing the Mug of California to Moctezuma, but the govern- ment al Mexico, fortunately, did not give its ap-
In 1825 a special board, the Junta Fomento de Californias, was assen bled in the City of Mexico to form alate plans for the government and coloniza-
· Pipwww_ Manifesto, p. 26.
Villa de Branciforte
Utas & limpe de Baie
·
Miniferry
+ Kam hy del Rey
PZ .. IN
DU PORT ET DE LA BAIE DE MONTE- REY situés sur la Côte Sept de la Californie.
Presidio Hattade Sal
Variation
: Missing del Carmelo
--
-
r. Marine .
Ris ile d' Intanis om det Pájaro
229
JUNTA FOMENTO DE CALIFORNIAS
tion of the territory. It was composed of the most distinguished statesmen and lawyers of Mexico, and among them was Don Pablo Vicente de Sola, who had for seven years been governor of California. This board while recognizing the benefits resulting from the Spanish system of discoveries and conquests felt that the time had come when the natives should be aroused to a desire for civil and social life. They recommended a change in the monastic system of administration, that the government assume the administration of the mission temporalities, and that the lands be distributed to the Indians. The report of the junta was published in 1827 and formed the basis for the reglamento of November 21, 1828 .* In regard to the distribution of lands however, the reglamento provided that those occupied by the mis- sions could not be colonized until it was determined whether they were to be considered as the property of the establishments of the neophytes, catechumens, and Mexican colonists. The Indians must first be provided for and this Governor Figueroa undertook to do in his reglamento of August 9, 1834, before alluded to, in which he decreed that to every individ- ual head of a family and to all those above twenty-one years of age, although they have no family, should be given a lot of land not less than one hundred nor more than four hundred varas square, a portion of the self-moving property (cattle) and of the
* For the colonization of the territories of the Republic.
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THE BEGINNINGS OF SAN FRANCISCO
chattels, tools, instruments, and seeds on hand. Also in cummunity, a sufficient quantity of land for pasturing and watering their cattle.
Mexican independence was followed by the regency; that by the empire of Iturbide, and the empire, in turn, by the republic. The federal constitution was received in California in January 1825, and ratified by the diputacion the following March. The padres did not take kindly to the republic. Most of them were born in Spain and their sympathies were with the monarchy. They refused to take the oath of allegiance and until compelled refused to furnish supplies to the presidios. The ratification of the constitution by the diputacion was unaccompanied by the religious ceremony customary on such occasion, as Padre Sarría, comisario prefecto,* did not approve of the republic. Though the attitude of the priests caused some angry protests, and the Indians, under their influence, gave signs of disaffection, they con- tinued to rule over the temporal as well as the spiritual affairs of their respective missions.
While the general condition of the mission pueblos was one of peace and content, severe treatment for petty offences caused, in several instances, serious revolt. In 1824 the Indians of Santa Inés, La Purisima, and Santa Barbara rose simultaneously,
* The comisario prefecto was the superior of the father president and had charge of the mission temporalities. Sarria refused to take the oath, pleading anterior obligations. Sarria á Argüello, Archivo de Arzobispado iv, 135-6. Bancroft Collection.
PORT OF SAN DIEGO IN 1840 Reproduced from DE MOFRAS' Atlas.
Note the Punta de los Muertos where the dead of the First Expedition were buried; also the hide houses mentioned by DANA.
THE BEGINNINGS OF SAN FRANCISCO
dupes was lowments, and seeds on hand. wilicient quantity of land for their cattle.
Asavat independence was followed by the regency ; But up the empire of Iturbide, and the empire, in worn, hy the republic. The federal constitution was received in California in January 1825, and ratified by the diputaclon the following March. The padres did not take kindly to the republic. Most of them were hom in Spain and their sympathies were with Als monarchy. They refused to take the oath of allegiance and until compelled refused to furnish wyrbe in the presidios. The mtification of the constitution basti doaid VIA? Ho Taoaccompanied bythe bigjouash AreAgoM. za moi bsouborqs Asuch occasion, jeTi'I ods to bsob ods siodw aofioul aol ob staid oda ston! pprove zd benoitnom eseuod, sbid ont oals ; boitud snow noitiboqxd of the republic. Inouon ne AV.AO priests caused some angry protests. Indians, under thejt influence, gave signs of disaffection, they con- timied to male over the temporal as well as the spiritual affairs of their respective missions.
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