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. II > Part 16
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previous services. President Polk approved the verdict, except on the charge of mutiny, but remitted the penalty and ordered Frémont to report for duty. In its findings the court stated: "The attempt to assail the leading witness for the prosecution (General Kearny) has involved points not in issue, and to which the prosecution has brought no evidence. In the judgment of the court his honor and character are unimpeached."
Frémont declined to accept the president's clemency and sent in his resignation, which was accepted March 14th.
General Kearny was nominated in July 1848, for brevet major-general for gallant conduct at San Pascual and for meritorious services in New Mexico and California. Thomas H. Benton spoke for thirteen days against the confirmation and then announced that he had but begun his theme-the conspiracy against Frémont.
In person Kearny was five feet, ten or eleven inches in height, of fine figure and soldierly bearing; features regular; eyes blue; and in ordinary social intercourse the expression of his countenance was mild and pleasing and his manners and conversation unaffected, urbane, and conciliatory, without any sign of vanity or egotism. A strict disciplinarian, he brooked no delinquency and was stern and uncompromising towards those who failed or were neglectful of duty. Upright, brave, and energectic, he was true to himself and to the interests and honor of his country.
COLONEL MASON
Richard Barnes Mason, son of George Mason of Lexington, Fairfax county, Virginia, was born on the family estate in Fairfax county in 1797. He came of a family distinguished in the annals of his state and his grandfather, George Mason, was the author of the
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THE BEGINNINGS OF SAN FRANCISCO
Virginia bill of rights and the friend of Washington and Jefferson. On the 2d of September 1817, Mason was appointed second lieutenant of the Eighth infantry. He was made first lieutenant September 25, 1817, and Captain July 31, 1819. On the formation of the First dragoons in 1833, Mason was commissioned major March 4th. He was made lieutenant-colonel July 4, 1836, and colonel June 30, 1846, on Kearny's promotion. On July 31, 1829, he was made brevet major for ten years' faithful service in one grade and on May 30, 1848, brevet brigadier-general for meritorious service in California.
In 1824 Mason accompanied the expedition of General Atkinson to the Yellowstone, served through the Black Hawk war in 1832, and his whole service was spent on the northern and western frontiers. In November 1846 Colonel Mason was ordered to California to relieve General Kearny and he sailed for Chagres on November Ioth reaching San Francisco February 12, 1849. The war in California was over and on May 31st he received from General Kearny the command, both civil and mili- tary. One of Mason's earliest appointments was that of Lieutenant Henry W. Halleck of the engineers, as secretary of state: a most fortunate selection. Halleck was not only the great soldier he afterwards proved himself to be, but was a wise and able lawyer, well educated, with a mind of high intellectual development. Perhaps the most troublesome question the government of California had to deal with was that relating to land titles. Halleck, at Colonel Mason's request, made a careful study of the subject and his report of March I, 1849, on the laws and regulations governing the grant- ing and holding of lands is an exhaustive review of the matter. Halleck resigned in 1854 and was a member of the law firm of Halleck, Peachy, and Billings, taking part in many great land suits and acquiring a large fortune.
COLONEL RICHARD B. MASON From a portrait in possession of his daughter.
Hours Most Truly
698
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I ever ro obe grade and on May 30, 1848, brevet phi for mentorions service in California.
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NOTES
He reentered the army in 1861, became major-general, and was commander-in-chief, 1862 to 1864. He died at Louisville, Kentucky, in 1872, at the age of fifty-six. Halleck was considered a cold blooded, unpopular man by those persons who only wanted a share of the property belonging to some one else, but his fame does not rest upon them.
The great event during Colonel Mason's administration was the discovery of gold at Sutter's mill on the American river, and it was Mason's report of August 17, 1848, incorporated in the president's message at the opening of congress in December, that caused the great excitement. Leaving Monterey on June 17th accompanied by Lieu- tenant W. T. Sherman, Mason reached San Francisco on the twentieth and found that all, or nearly all the male population had gone to the mines. Crossing with their horses to Sausalito they proceeded by way of Bodega and Sonoma to Sutter's fort where they arrived July 2d. Along the whole route mills were idle, fields of wheat were open to cattle, houses vacant, and farms were going to waste. At Sutter's all was life and business. Launches were discharging their cargoes and carts were hauling goods to the fort where were already established several stores and a hotel. Mechanics were getting ten dollars a day and merchants were paying a hundred dollars a month per room. Proceeding to Mormon island Mason found some two hundred men working in the intensely hot sun, washing for gold, some with tin pans, some with Indian baskets, but the greater part with a rude machine on rockers called a cradle. Four men, thus employed, averaged a hundred dollars a day. The gold was in fine bright scales and he secured a sample. From these diggings he went to the mill, about twenty-five miles above, or fifty milesfrom Sutter's fort. Under guidance of Marshall, Mason visited the various diggings in that
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THE BEGINNINGS OF SAN FRANCISCO
vicinity, obtained samples of coarse gold and nuggets and listened to the tale of the discovery at first hand. Re- turning to Sutter's fort he was preparing to visit the placers on the Feather, Bear, and Yuba rivers when dispatches recalled him to Monterey where he arrived July 17th. On his return trip he visited the quicksilver mines at New Almaden. Before leaving Sutter's fort he satisfied himself that gold existed in the beds of the Feather, Yuba, and Bear rivers, and in many of the smaller streams that lie between the Bear and the Ameri- can Fork, and that it had been found in the Cosumnes. He not only heard the marvellous tales but was shown great quantities of clean washed gold. The most moder- ate estimate he could obtain from men acquainted with the subject was, that upwards of four thousand men were working in the gold district, of whom more than half were Indians, and that from thirty to fifty thousand dollars worth of gold, if not more, was daily obtained. He reported that the entire gold district was government land; and he thinks the government should receive rents or fees for the privilege of procuring the gold; but considering the large extent of country, the character of the people engaged, and the small scattered force at his command, he resolved not to interfere, but to permit all to work freely. He was surprised to learn that crime of any kind was very infrequent and that no thefts or robberies had been committed in the gold district, though all lived in tents, in brush houses, or in the open air; and men had frequently about their persons thousands of dollars' worth of gold; and he marveled that such peace and quiet should continue. He says that the discovery of gold has entirely changed the character of Upper California. Farmers, mechanics, laborers, and tradesmen kave left everything and have gone to the mines. Saflors desert their ships as fast as they arrive, and soldiers their garrisons.
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The events of Mason's administration have been fairly epitomized in the various chapters of the historical narrative preceding. He was the one man power, everything had to be put up to him and from his decision there was no appeal. Walter Colton tells of two murderers convicted in his court and sentenced to be hanged. At the execution the knots slipped and down they came. The priest who confessed them was in the crowd that witnessed the execution and he at once declared that the penalty was paid and the criminals absolved. Has- tening to the governor he demanded his mandate to that effect. Colonel Mason gravely informed the priest that the prisoners had been sentenced by the court to be hanged by the neck until they were dead, and that when this sentence had been executed the knot slipping business might perhaps be considered.
Mason was relieved at his own request by Bennet Riley on April 13, 1849, and sailed for the east in May. He was placed in command at Jefferson Barracks where he died July 25, 1850.
Colonel Mason was a large fine looking man with the bearing of a soldier and the breeding of a gentleman. General Sherman testifies: "He possessed a strong native intelligence and far more knowledge of the prin- ciples of civil government and law than he got credit for." Mason was not popular with a certain class of Americans. He stood in their way; but as General Sherman says, "he was the very embodiment of the principle of fidelity to the interests of the general government," and he might have added, to the people of California also.
GENERAL RILEY
Bennet Riley was born in St. Mary's county, Maryland, about the year 1790. He entered the service as ensign of Forsyth's regiment of rifles January 19, 1813, and
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THE BEGINNINGS OF SAN FRANCISCO
joined the army at Sacketts Harbor in the spring of that year. He served throughout the war with credit and was favorably mentioned on several occasions by his commanding officers. He was already distinguished for heroic courage, coolness in battle, and great natural sagacity.
At the conclusion of peace Riley served with his regiment on the Mississippi frontier. In 1821 the rifles were disbanded and Riley was transferred to the infantry. He had been made third lieutenant March 12, 1813; second lieutenant April 15, 1814; first lieutenant March 31, 1817, and captain August 6, 1818. While stationed on the frontier he was frequently called on to engage the Indians, and in 1823 distinguished himself to such a degree, in a battle with the Anickorees, that he received the brevet of major. In 1829 he was ordered to guard the caravan to Santa Fé with directions to await on the Mexican line the return of the traders. During their absence he defeated the Indians in two pitched battles; and subsequently convoyed the merchants safely to St. Louis. For his conduct in this expedition the legis- lature of Missouri voted him a sword.
Riley served through the Black Hawk war and took part in the final struggle, the battle of Bad-axe. On September 26, 1837, he was made a major and ordered to Fort Gibson. On December 1, 1839, he was made a lieutenant-colonel and ordered to Florida where he served until 1842 and distinguished himself by his energy, promptitude, and courage, receiving the brevet of colonel for gallantry in the action of Chokachatta; being made colonel January 31, 1850.
In July 1846 Riley was ordered to Mexico. For gallant and meritorious conduct at the pass of Cerro Gordo, April 17-18, 1846, he was brevetted brigadier-general. On August 7th the army moved on the City of Mexico
BRIGADIER-GENERAL BENNET RILEY. From a painting in the office of the commandant at Fort Riley, Kansas.
Fire BOLTSINCE OF SAN FRANCISCO
10 Why Browy ix Shabab. Harbor in the spring of . . TE wh ) dronghout the war with credit ww Tir osløy mentioned on several occasions by his Icems. He was already distinguished for Faye codines in battle, and great natural
i relation of peace Riley served with his so the Mussapoi frontier. In 1821 the 5- I Finded and Riley was transferred to the Il hão been made third lieutenant March
CHE 1.7 and captain August 6, 1818. While mirin the Frontier he was frequently called on Teuover the Tolidni, and in 1923 distinguished himself To Tems a doerce, in & til with the Abickortes, that Tre Hoved the breves bi major. In x was ordered
troms to await
During TIOH Js fNEbasmimos Sdr to soffo sds ni ghinisq & moi wint in two pitched werehints safely 10 F0 Ladis. For To exp liChen the legis-
Rey asvel though The Black Hawk war and took the battle of Bad-axe. On Sep mber số: 1817 Mir was made a major and ordered boxe Tabson On December 1, 1839, he was made Amuyeneut-cellbuel and ordered to Florida where he o pred offil (842 and dining wished himself by his energy, (nominunc, and courayey receiving the brevet of colonel o sallantry in the action of Chokachatta; being made Jul January 31, 1850
1: Twr 1846 Riley wayordered to Mericos Fur wallant wat wwabribus conduct of the pass of Cerro Gordo, Noen xy:IR, 1846 he wit brevetted brigadier-general. Avessi zth the army moved on the City of Mexico
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and Colonel Riley was assigned to command of the Second brigade of the Second division. Arriving in front of Contreras on the afternoon of August 19th he proved the coolness and discipline of his brigade. Charged by the enemy's lancers in overwhelming numbers, he remained unmoved. He formed his brigade into a square and received the enemy with a rolling volley, repulsing them in disorder. Three times they reformed and charged; but the third time after delivering his volley, Riley ordered his men to follow with the bayonet, on which the Mexicans fled in confusion and did not renew the attempt. For his skill and daring on this occasion Riley received the commendations of the commander- in-chief in his official report. On the succeeding morning an attack was planned on the entrenched camp of the enemy and its execution was entrusted to Riley. After a laconic harangue to his men,* he led them into a ravine by which the heights above the entrenchments were reached and then with a wild yell the Americans rushed down upon the enemy. In consternation they broke and fled with scarcely any show of resistance and in a few minutes the action was over. The commander-in- chief, General Scott, said in his report: "The oppor- tunity afforded to Colonel Riley by his position was seized by that gallant veteran with all the skill and energy for which he is distinguished. The charge of this noble brigade down the slope, in full view of friend and foe, unchecked even for a moment, until he had planted all his colors upon their furthest works, was a spectacle that animated the army to the boldest deeds." For his gallant conduct in this battle Riley was brevetted major-general, dating from August 20, 1846.
* S. C. Foster says: "In the morning of the battle Riley said to his men: 'Boys, we must all do our duty to-day. Ben Riley gets hell or the orange scarf before night.' " Angeles From '47 to'49.
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THE BEGINNINGS OF SAN FRANCISCO
At Churubusco, on this same day, Riley engaged in the assault of the hacienda and for his behavior in this action was again commended by Scott as well as by the commanding officer of his division, Twiggs.
Bennet Riley was another of the strong individualities that ruled California during the interregnum; a man of courage and of strong convictions, he could not be moved from the line of duty as he saw it. He was intelligent and was direct and soldier-like in all his dealings. His period was that of the great immigration of 1849, and his qualities were put to the severest test by the inrush of peoples from every quarter of the globe, riotous, and freed from the restraints that had hitherto held them in check. Riley was ever ready to help when help was needed and he was as ready with the strong arm when the help of that arm was required to protect the weak. That his courage was not alone that of the battlefield the following letter (in part) to the assistant adjutant-general of the Pacific Division will show. It appears that the commanding general of the division (Persifer F. Smith) had made an order on August 12, 1849, that the moneys of the "civil fund" be turned over to military authorities and that disbursing officers of the army be permitted to draw on that deposit for all expenses allowed by law. The civil fund at that time amounted to some six hundred thousand dollars, was in possession of Major Robert Allen, treasurer of California, and was disbursed only on the order of the governor.
"Executive Department of California. "Monterey, August 30, 1849.
"Colonel:
"I have the honor to acknowledge the receipt of your letter of the 12th instant communicating the views of General Smith respecting my acts and duties as governor of California.
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* * * "On assuming command in this country as civil gover- nor, I was directed to receive from Governor Mason all his instructions and communications, and take them for my guidance in the administration of civil affairs. Upon an examination of these instructions, and a full consultation with Governor Mason, I determined to continue the collection of the revenue till the general government should assume that power and to add the proceeds to the 'civil fund'-using that fund for the necessary expenses of the civil government.
* "This 'civil fund' was commenced in the early part of 1847, and has been formed and used in the manner pointed out in the early instructions to the governor of this territory. The money has been collected and disbursed by the 'governor of California,' and by those appointed by him in virtue of his office. He is, therefore, the person responsible for this money, both to the government and the parties from whom it was collected; and it can be expended only on his order. Not a cent of this money has been collected under the authority of any department of the army; nor can any such department, or any officer of the army, simply in virtue of his military commission, have any control, direct or indirect, over it.
* "No collectors in California now hold, or have ever held, any appointments, commissions, or authority from any military department; nor have they ever received any orders or instructions from such sources. All their powers have been derived from the governor of California and they have been subject to his orders only. * And I am both surprised and mortified to learn that, at this late hour, an attempt is to be made to remove this money from my control, and to place it at the disposition of officers who have had no responsibility in its collection, and who of right can exercise no authority over it. * * If, however, it now be the general's wish to assume a military control of the collection of duties on imports into California, I will immediately discharge the collectors appointed by the governors of California, and surrender the entire direction of the matter to such military department or military officers as he may direct. But for the money which has already been collected by the civil officers under my authority, I alone am responsible; and until further instructions from Washington, I shall continue to hold it, subject to my orders only, and to expend, as heretofore, such portions of it as may be required
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for the support of the existing civil government. No military officer or military department will be allowed to exercise any control over it.
"I beg leave to remark, in conclusion, that while I shall always be most happy to receive the advice and suggestions of the commanding general of the division respecting my duties as civil governor of California, I must nevertheless be permitted to decide upon the measures of my own government; for as no military officer can be held accountable for my civil acts, so no such officer can exercise any control whatever over those acts.
"Very respectfully, your obedient servant "B. RILEY, "Brevet Brig. Gen. U. S. Army and Governor of California.
"Brevet Lieutenant Colonel J. HOOKER, "Assistant Adj. General, Pacific Division."
The concluding sentence was called out by some remarks concerning his course with Indian affairs and the public lands. General Smith made several mistakes in Cali- fornia and one of them was when he attempted to interfere with the civil government of B. Riley.
Riley notified the war department of this demand for the civil fund and forwarded copies of the correspondence, together with a full history of the fund. He expressed his opinion that the civil fund belonged to the people of California and recommended that such portions of the moneys so collected as should be left after defraying the expenses of the existing civil government, be given to California as a school fund, to be exclusively devoted to purposes of education. In his letter of October I, 1849, he stated that the convention called by him to frame a constitution had nearly completed its labors and that it had determined by unanimous vote that the new government organized under this constitution should go into operation as soon as convenient after its ratification
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by the people, without waiting for the approval of congress and the admission of California into the Union. He said that while doubting the legality of such a course, he should consider it his duty to comply with the wishes of the people and surrender his civil powers into the hands of the new executive, unless he received special orders from Washington to the contrary. The secretary of war wrote him, November 28th, that as the arrangement contemplated by him might already have been made any instructions from the department contrary to his views on the subject might militate against the peace and quiet of the community and be productive of evil; that the first consideration was the due observance of law and order, and this, it was hoped and believed, would be attained under the new order of things. The civil fund remaining in his hands he was directed to place in the safe keeping of the proper officers of the treasury department, to be held subject to the final disposition of congress.
Riley was not a little criticised by the Americans for his strict adherence to what he considered his duty. They could not see it as he did and there was much loud talk about "military interference." This bluster affected him not at all. It was all a matter of course. Later, when they realized what he was doing for them, the tide began to turn. On October 13th the constitution adopted by the convention called by General Riley was signed by the members. As they met for the last time they were called to order by William M. Steuart of San Fran- cisco, the president, Dr. Semple, being sick. Steuart called John A. Sutter to the chair and taking the floor read the address to the people. As the last name was signed to the document the flag was run up the staff in front of the government building while the guns on the redout boomed thirty-one times. Three times three
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cheers were given for the new star added to the constella- tion, and then the convention proceeded in a body to the governor, headed by Captain Sutter, who, in an address to his excellency, conveyed to him the thanks of the convention for the great and important services he had rendered to their common country and especially to the people of California; and the members of the convention he said, entertained the confident belief that when the governor returned from his official duties in California he would receive from the whole people of the United States that verdict so grateful to the heart of the patriot, "Well done, thou good and faithful servant."
The bluff soldier was somewhat taken aback by this unexpected mark of respect. The tears in his eyes and the plain sincerity of his voice and manner went to the heart of every one present. "Gentlemen" said he, "I never made a speech in my life. I am a soldier-but I can feel; and I do feel deeply the honor you have this day conferred upon me. Gentlemen, this is a prouder day to me than that on which my soldiers cheered me on the field of Contreras. I thank you from my heart. I am satisfied now that the people have done right in selecting delegates to frame a constitution. They have chosen a body of men upon whom our country may look with pride; you have framed a constitution worthy of California, and I have no fear for California while her people choose their representatives so wisely. Gentlemen, I congratu- late you upon the successful conclusion of your arduous labors, and I wish you all happiness and prosperity. What- ever success my administration has attained is mainly owing to the efficient aid rendered by Captain Henry W. Halleck, the secretary of state. To him should be the the applause. He has never failed me."
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