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CALIFORNIA 


Books  by 
GERTRUDE  ATHERTON 

[PUBLISHED   BY  HARPER  &   BROTHERSl 

The  Story  op  California.     Illustrated.    Crown  8vo 

Rulers  of  Kings.    Post  8vo 

The  Bell  in  the  Fog.   Frontispiece  Portrait.  Post  8vo 

The  Travelling  Thirds.     Post  8vo 

Ancestors.     (Californian.)     Post  8vo 

[published  elsewhere] 

NOVELS  AND  STORIES  OF  CALIFORNIA 

Rezanov     (1806)  )  To  be  issued  in  one  volume. 

The  Doomswoman  (1840) >  "  Before  the  Gringo  Came" 

The  Splendid  Idle  Forties  (1800-46) 

The  Valiant  Runaways   (1840) 

A  Daughter  of  the  Vine   (The  Sixties) 

American  Wives  and  English  Husbands 

(The  Eighties) 
The  Calipornians   (The  Eighties) 
A  Whirl  Asunder  (The  Nineties) 

OTHER   NOVELS  AND  STORIES 

Perch  of  the  Devil 

Patience  Spabhawk  and  Heb  Times 

Senator  North 

His  Fortunate  Grace 

The  Gorgeous  Isle 

Mrs.  Pendleton's  Foub-in-Hand 

The  Aristocrats 

Tower  of  Ivory 

Julia  France  and  Her  Times 

BIOGRAPHY 
The  Conqueror 
A  Few  op  Hamilton's  Lettbbs 


r 


This  monument  was 
erected  in  San  Fran- 
cisco, September  g, 
1897^  to  commemorate 
the  admission  of  Cali- 
fornia to  the  Union, 
September  9,  1850,  and 
dedicated  to  the  Native 
Sons  of  the  Golden 
West.  The  sculptor 
was  Douglas  Tilden,  a 
native  of  California, 
and  the  monument  was 
presented  to  the  city 
by  James  D.  Phelan. 


..^ma^^^^Ma^mtM 


THE    NATIVE    SONS     FOUNTAIN 


Al  ^1 

4 


A 


CALIFORNIA 


AN    INTIMATE    HISTORY 


BY 


Gertrude    Atherton 


ILLUSTRATED 


/ 


HARPER  &•  BROTHERS    PUBLISHERS 

NEW  YORK  AND    LONDON 

MCMXIV 


r 


,iiiL2i1953 

'siry  of 

852181 


COPYRIGHT.    IS14.    BY    HARPER   a    BROTHERS 

PRINTED   IN   THE   UNITED   STATES   OF   AMERICA 
PUBLISHED    OCTOBER.     1914 


TO 

JAMES    D.   PHELAN 

THIS     STORY     OF     THE     CALIFORNIA     TO 

WHOM   HE  HAS  ALWAYS   BEEN    FAITHFUL 


CONTENTS 


CHAP.  PAGE 

I.  The  Geological  Drama i 

II.  The  Mission  Padres 15 

III.  The  Spanish  Governors — I 36 

IV.  The  Spanish  Governors — II 47 

V.  The  Mexican  Governors — I 62 

VI.  The  Mexican  Governors — II 78 

VII.  Fremont  and  the  Bear-flag  Revolution 94 

VIII.  Gold 116 

IX.  San  Francisco 130 

X.  Crime  and  Fire 144 

XL        Politics 162 

XII.  James  King  of  Wm 174 

XIII.  The  Vigilance  Committee  of  1856 190 

XIV.  The  Vigilance  Committee  and  David  S.  Terry  .    .    .  201 

XV.  Broderick 218 

XVI.  Broderick  and  Gwin 230 

XVII.  The  Broderick-Terry  Duel 249 

XVIII.  The  War 263 

XIX.  The  Terrible  Seventies 272 

XX.  The  Chinese  in  California 282 

XXI.  "The  Chinese  Must  Go" 290 

XXII.  Last  Phases 308 


ILLUSTRATIONS 


The  Native  Sons'  Fountain       Frontispiece 

From  a  photograph  by  Charles  Weidner. 

Kaweah  Mountains,  near  Kern  River  Canon       .     .     .Facing p.       6 
Three  Brothers,  Showing  the  Merced  River  ....       "         12 

From  a  photograph  by  Taber. 

Glacier  Point,  3,300  Feet,  and  South  Dome "         12 

From  a  photograph  by  Taber. 

Statue  of  Padre  Junipero  Serra "         18 

From  a  photograph  by  Charles  Weidner. 

Santa  Barbara  Mission — Founded  1786 "         28 

From  a  photograph  by  Graham  &  Morrill; 

San  Gabriel  Mission  (First  Gold  Found  in  1842)     .    .       "         28 

From  a  photograph  by  Graham  &  Morrill. 

Don  Jose  de  la  Guerra "    80 

Don  Pablo  de  la  Guerra "    80 

From  a  photograph  in  the  Charles  B.  Turrill  collection. 

Gen.  Don  Jose  Castro "         80 

From  a  photograph  loaned  by  Delfina  de  la  Guerra. 

Casa  Grande,  the  Home  of  the  De  la  Guerras  ..."    90 

From  a  photograph  loaned  by  Delfina  de  la  Guerra. 

John  A.  Sutter "       102 

From  a  photograph  in  the  Charles  B.  Turrill  collection. 

James  W.  Marshall "       102 

Gen.  John  C.  Fremont "       102 

From  Harper's  Weekly,  i860. 

Gen.  M.  G.  Vallejo      "       102 

From  a  photograph  by  Taber  loaned  by  Delfina  de  la  Guerra. 

Sonoma  Mission "       104 

Mission  Sam  Juan  Bautista "       104 

Sutter's  Fort  as  It  Was  in  1848 "       116 

From  California  Illustrated,  1853. 

March  of  the  Car.wan "       ii8 

From  The  Expedition  of  the  Donner  Party. 

From  "London  Punch,"  i860 "       122 

The  "El  Dorado"  Gambling  Saloon "       122 

From  Annals  of  San  Francisco. 

vii 


ILLUSTRATIONS 

Sacramento,  California,  1850 Facing  p.   136 

From  The  United  Slates  Illustrated.     Published  by  H.  J.  Meyer. 

San  Francisco "       136 

From  an  old  print. 

First  Admission-Day  Celebration,  1850,  California  and 

Montgomery  Streets "       168 

From  an  old  print. 

James  King  of  Wm "       174 

From  a  photograph  in  the  Charles  B.  Turrill  collection. 

Back  of  a  Typical  Letter-sheet  Such  as  was  Used  for 

Personal  Letters  to  Correspondents  "East"    .    .       "       186 

From  an  old  print  in  the  Charles  B.  Turrill  collection. 

Fort  Vigilance,  or  Fort  Gunnybags.    William  T.  Cole- 
man, President  of  the  Committee  of  Vigilance.    .       "       210 

From  a  photograph  in  the  Charles  B.  Turrill  collection. 

David  C.  Broderick       "  252 

Col.  E.  D.  Baker "  252 

David  S.  Terry "  252 

William  M.  Gwin "  252 

William  C.  Ralston  [Insert],  who  Frequently  Took  His 
Guests  to  Yosemite  and  Big  Trees,  was  the  First 

TO  Drive  a  Four-in-hand  through  "Wawona"     .    .  "  274 

James  D.  Phelan "  310 

From  a  photograph  by  Hartsook. 

Judge  Lawlor "       320 

From  a  photograph  by  Vaughan  &  Fraser. 

Rudolph  Spreckels    "       320 

From  a  photograph  by  Habenicht 

Francis  J.  Heney      "       320 

Fremont  Older "       320 

From  a  photograph  by  Estey. 

Gov.  Hiram  Johnson "       324 

From  a  photograph  by  Pach  Brothers. 

Prune-orchard "       328 

From  a  photograph  in  the  Charles  B.  Turrill  collection. 

Wheat-field      "       328 

From  a  photograph  in  the  Charles  B.  Turrill  collection. 


In  compressing  the  history  of  California,  a  state  of 
unexampled  variety  and  crowding  interest,  an  uncommon 
number  of  personalities  and  dramatic  incidents,  into  one 
volume  it  is  only  possible  to  select  the  main  historic 
events  for  treatment,  connecting  them  with  a  synopsis  of 
the  contributing  causes  and  illustrating  them  with  all  the 
personalities  and  anecdotes  available.  The  details  neces- 
sarily sacrificed  are  so  well  worth  reading,  however,  that 
I  shall  feel  I  more  than  doubly  have  achieved  my  purpose 
in  telling  this  strange  tale  of  California  in  rapid  narrative 
if  I  have  stimulated  an  interest  that  will  send  readers  to 
Theodore  A.  Hittell's  History  of  California  (four  voltunes) ; 
Bancroft's  many  volumes  on  the  Pacific  coast;  Josiah 
Royce's  California  (one  volume  and  dealing  mainly  with 
Fremont) ;  Jeremiah  Lynch's  Senator  of  the  Fifties  (Brod- 
erick) ;  the  memoirs  of  William  M.  Gwin  and  of  Stephen  J. 
Field;  the  various  books  relating  to  the  Vigilance  Com- 
mittee of  1856,  and  to  a  possible  reprint  of  that  delightful 
and  useful  volume,  The  Annals  of  San  Francisco,  by 
Soul6,  Gihon,  and  Nisbit,  from  which  all  historians  of  the 
period  between  1849  and  1854  have  drawn,  with  never 
an  acknowledgment.  For  those  interested  in  the  later 
political  history  of  the  state,  and  particularly  of  San 
Francisco,  there  are  the  "Report  on  the  Causes  of  Mu- 
nicipal Corruption  in  San  Francisco,"  etc.,  made  by  a 
committee  appointed  by  Mayor  Taylor  in  1908,  of  which 
Mr.  William  Denman,  always  keenly  interested  in  the 

ix 


reform  of  the  city,  was  chairman,  and  a  forthcoming 
volume  called  The  System,  by  Franklin  Hichbom,  who 
made  a  thorough  investigation  of  the  records  of  the  San 
Francisco  graft  prosecution  before  they  began  to  take 
wings. 

To  those  interested  in  the  geology  of  the  state  there  are 
the  works  of  Professor  Whitney,  chief  of  the  first  Pacific 
Coast  Geodetic  Survey  sent  out  by  the  United  States 
government  in  the  early  60 's;  that  impeccable  classic 
by  a  member  of  his  staff,  Clarence  King,  Mountaineering 
in  the  Sierra  Nevada;  the  works  of  John  Muir,  George 
Davidson,  and  of  Professor  Le  Conte  of  the  University 
of  California. 

I  have  striven  to  be  as  accurate  as  history— never 
accurate — will  permit,  while  writing  an  interesting  story 
— or  a  paradoxical  drama — ^but  I  have  enjoyed  the  reading 
of  the  many  authorities  as  much  as  my  own  work,  and 
therefore  confidently  recommend  to  Califomians,  at  least, 
a  thorough  course  in  California  history. 

If  I  used  the  word  "paradox  "  just  now  it  was  because 
I  suddenly  remembered  how  many  good  men  we  have  pro- 
duced in  California  and  what  bad  history  they  have  suc- 
ceeded in  making. 

Gertrude  Atherton. 

New  York,  August  11,  JQ14. 


CALIFORNIA 


% 


CALIFORNIA 


THE   GEOLOGICAL  DRAMA 

When  Caspar  de  Portola  discovered  the  Bay  of  San 
Francisco  in  1769  he  found  the  surroiinding  country  in- 
habited by  Indians  whose  ancestors  had  dwelt  on  the 
peninsula  and  among  the  Marin  hills  ever  since  that 
uneasy  coast  had  been  hospitable  to  man.  From  them 
he  heard  the  tradition  that  some  two  hundred  years 
earlier  the  space  covered  by  the  great  inland  sheet  of 
water  had  been  a  valley,  fertile  and  beautiful,  broken 
by  hills  and  watered  by  two  rivers  that  rose  in  the  far 
north  and  found  their  outlet  to  the  sea  through  Lake 
Merced.  Then  came  a  mighty  earthquake,  the  valley 
sank,  the  hills  of  the  coast  were  rent  apart,  the  salt  waters 
rushed  in  and  covered  not  only  the  sunken  valley  floor, 
but  all  save  the  tips  of  its  hills.  A  man  on  the  peak  of 
Mount  Tamalpais  might  have  seen  the  whole  terrific 
drama,  and  then,  later,  marveled  at  the  justice  of  Nature. 
Only  the  end  of  the  fertile  Central  Valley  was  gone,  and 
in  its  place  the  Pacific  coast  had  been  presented  with  one 
of  the  three  great  harbors  of  the  world. 

There  are  certain  facts  that  give  a  strong  color  to  the 
truth  of  this  legend;  and,  although  it  makes  a  geologist 


CALIFORNIA 

Writhe  even  to  intimate  that  any  significant  physical 
phenomena  can  have  taken  place  within  the  historic  era, 
the  layman  is  sometimes  reminded  that  the  most  con- 
servative students  of  the  rocks  do  not  always  maintain 
the  theories  they  have  inherited,  or  even  advanced,  long 
enough  to  permit  them  to  grow  quite  hoary  with  age. 
The  reader,  therefore,  is  invited  to  take  his  choice. 

It  was  on  June  17,  1579,  that  Drake  cast  anchor  in  the 
little  bay  that  bears  his  name.  It  is  but  fifteen  miles 
north  of  the  Golden  Gate.  He  not  only  disembarked  and 
lived  with  his  officers  inotents  for  thirty-six  days,  but  took 
excursions  over  the  Marin  hills  and  valleys  under  the 
guidance  of  the  friendly  Indians  who  besought  him  to 
remain  and  be  their  king.  Drake  neither  heard  nor  saw 
anything  of  this  superb  green  jewel  of  otirs;  if  he  had, 
England,  instead  of  being  profoundly  indifferent  to  the 
strip  of  land  he  dutifully  took  possession  of  in  the  name 
of  the  crown,  would  have  grabbed  it  promptly.  Even  if 
he  had  sailed  up  the  coast  of  California  there  would  have 
been  nothing  remarkable  in  his  oversight,  provided  he  had 
not  lingered  in  his  little  cove;  for  the  long  narrow  cleft 
between  the  hills  known  as  the  Golden  Gate  is  often  ob- 
literated by  fog.  But  that  after  his  long  sojourn,  dur- 
ing which  he  must  have  climbed  Tamalpais  and  roamed 
the  hills  above  Sausalito,  he  should  have  left  the  coast 
in  ignorance  of  this  inland  tract  of  water,  dotted  with 
beautiful  islands  and  large  enough  to  harbor  the  com- 
bined navies  of  the  world,  is  incredible  save  on  the 
hypothesis  that  it  did  not  exist.  For  all  we  know  Drake 
and  his  party  may  have  picnicked  in  the  glades  on  the 
lower  slope  of  Belvedere,  now  many  fathoms  beneath  the 
green  nervous  waters  of  the  bay. 

2 


THE   GEOLOGICAL    DRAMA 

The  great  valley  of  the  Yosemite  looks  as  if  miles  had 
been  neatly  sliced  out  of  a  high  plateau  and  dropped  like 
a  plummet  into  the  yawning  earth;  the  walls  are  often 
perpendicular,  rising  to  the  height  of  several  thousand 
feet.  Professor  Whitney  admits  that  the  bottom  may 
have  dropped  out  of  the  space  covered  by  the  present 
valley  floor,  although,  being  a  wary  geologist,  he  hastens 
to  add  that  it  was  probably  at  a  time  when  that  section 
of  the  earth  was  semi- viscid.^  Even  conservative  geolo- 
gists admit  that  the  subsidence  which  forms  the  Golden 
Gate  and  filled  the  end  of  the  Central  Valley  with  sea- 
water  occurred  in  later  Pleistocene — that  is  to  say,  only 
about  forty  thousand  years  ago.  But  it  is  a  mere  idiosyn- 
crasy of  the  scientific  mind  which  persists  in  relegating 
any  phenomenon  of  which  it  has  not  positive  historical 
data  to  as  remote  a  period  geologically  as  the  rocks  will 
stand.  An  earthquake  which  metamorphosed  some  fifty 
miles  of  coast-land,  however  quick  in  action,  was  no  more 
phenomenal  than  the  performances  of  the  Mississippi 
Valley  in  1811-12,  of  Krakatoa  in  1883,  nor  that  titanic 
convulsion  in  India  in  1762,  when  all  but  the  higher  parts 
of  an  area  of  sixty  square  miles  of  coast  sank  beneath  the 
sea.  For  several  days  after  the  California  earthquake  of 
1906,  when  San  Francisco  for  a  long  minute  seemed  to 
fight  with  the  very  roots  of  the  earth  for  release,  govern- 
ment boats  were  to  be  seen  daily  in  the  bay  taking  sound- 
ings; much  apprehension  was  felt  lest  the  profoimd  dis- 
turbance of  its  floor  may  have  rendered  it  unnavigable,  and 
closed  the  commercial  history  of  the  state. 

James  Perrin  Smith,  to  quote  but  one  of  many  authori- 

^  Glacial  erosion  is  the  popular  belief  to-day,  but  to  one  brought  up  in  an 
earthquake  country  the  old  theory  seems  more  natural. 

3 


CALIFORNIA 

tative  writers  on  the  disturbance  of  1906,  has  this  to  say 
in  Science,  September  10,  1909:  "The  last  phase  of  the 
physical  history  of  the  western  coast  is  the  recent  sub- 
sidence that  allowed  the  sea  to  encroach  on  the  river- 
valleys  forming  the  Bay  of  San  Francisco  and  other  bays 
along  the  coast.  This  has  been  going  on  in  almost  modern 
times,  for  Indian  shell-mounds,  apparently  made  by  the 
same  race  that  still  exists  in  California,  have  been  flooded 
by  the  continued  subsidence  of  the  Bay  of  San  Francisco." 
It  must  be  borne  in  mind  that  a  geologist's  modem 
time  is  not  ours;  but,  as  there  is  no  evidence  that  Indians 
were  living  in  California  during  any  of  the  interglacial 
periods,  nor,  in  all  likelihood,  for  many  years  after  the 
end  of  the  Pleistocene — ^some  twenty-five  thousand  years 
ago — we  may  believe,  if  we  like,  that  the  Bay  of  San 
Francisco  is  post-Drakian. 

Far  more  sharply  outlined  and  more  independent  of  its 
Indian  traditions  is  the  history  of  the  Salton  Sea.  There 
is  no  doubt  that  when  Francisco  de  UUoa  explored  the 
Gulf  of  California  in  1539  that  long  arm  of  the  sea  differed 
little  if  any  from  its  present  channel  and  termination. 
Its  lost  two  hundred  miles,  to  be  known  by  us  as  Salton 
Sink,  had  run  their  course  from  a  dismembered  part  of 
the  Great  Pacific  Ocean,  down  through  long  geological  ages 
to  a  mere  desert  of  salt. 

The  enemy  here  was  the  Colorado  River,  whose  mouth 
was  then  some  sixty  miles  east  of  its  present  location. 
It  built,  with  true  geological  leisure,  the  delta  that 
gradually  separated  the  headwaters  of  the  gulf  from  its 
main  supply.  This  creature  of  a  sovereign  and  cruel 
river  was  alternately  toyed  with  and  neglected ;  sometimes 
rejuvenated  with  an  abundant  stream  of  fresh -water, 

4 


THE   GEOLOGICAL   DRAMA 

when  his  majesty,  the  Colorado,  tired  of  the  less  respon- 
sive gulf,  abruptly  swung  aside  and  poured  his  offerings 
into  the  lake.  But  his  long  periods  of  neglect  grew  longer, 
the  stranded  sea  contracted,  its  waters  more  and  more 
alkaline ;  deserted,  finally,  it  fell  a  victim  to  the  dry  winds 
of  the  desert,  its  aqueous  history  at  an  end  for  a  thousand 
years.  The  Salton's  chief  title  to  fame  other  than 
spectacular  is  its  depression  below  sea-level,  273.5  feet, 
a  distinction  it  shares  with  but  one  other  tract  of  land  in 
the  United  States. 

But  although  as  recently  as  190 1  the  Salton  Sea  looked 
as  ancient  and  as  dead  as  the  moon,  its  history  was  not 
finished.  During  that  year  the  Colorado  River,  via  the 
Alamo  and  the  New  rivers,  made  one  of  its  old  capricious 
visits,  overflowed  the  Salton  Sink,  threatened  a  section 
of  the  Southern  Pacific  Railroad  with  destruction,  and 
obHterated  a  great  corporation  industry.  It  flooded  the 
Sink,  burying  the  productive  salt -beds  fifty  feet  deep. 
In  the  autumn  of  1906  the  Southern  Pacific  Company 
managed  to  shut  it  off,  only  to  do  battle  once  more  in 
December,  and  again  to  conquer.  Whether  the  science  and 
determination  of  man  will  prevail  against  one  of  the  most 
irresistible  and  wickedly  resourceful  forces  of  the  Western 
Hemisphere  remains  to  be  seen.  The  river  that  made  the 
Grand  Cafion  of  Arizona,  gnawing  out  mile  after  mile  of 
solid  rock,  fighting  Nattire  herself  at  every  step,  is  likely 
to  fume  and  fret  imder  the  harness  of  man  and,  finally, 
to  take  a  swift  revenge. 

But  both  the  San  Francisco  Bay  and  the  Salton  Sea, 
whatever  their  birth-dates,  are  the  youngest  of  California's 
phenomena  children,  bom  in  the  last  of  her  throes,  pic- 
turesque hostages  that  her  monstrous  labors  were  over, 

5 


CALIFORNIA 

that,  save  for  an  occasional  spasm  along  her  earthquake 
rift,  she  would  make  geological  history  no  more. 

California,  according  to  conservative  geologists,  reading 
the  tale  of  the  Archean  rocks  in  the  Sierra  Nevada  range, 
began  her  life  some  himdred  and  fifty  million  years  ago. 
But  it  was  not  until  the  latter  part  of  the  Palasozoic  era, 
some  thirty  million  years  ago,  that  an  uplift  began  along 
the  axis  of  the  range,  manifesting  itself  in  outpourings  of 
lavas  and  other  volcanic  ejecta.  And  it  was  not  until 
several  million  years  later,  in  Jurassic  times,  that  these 
strange  and  formidable  masses  of  rock,  still  insignificant 
in  height,  estabHshed  themselves  permanently  above  the 
epicontinental  sea. 

They  are  the  oldest  of  California's  children,  sole  sur- 
vivors of  the  extrusive  eon,  during  which  life  made  its 
first  negligible  appearance  on  the  globe.  As  the  range 
rose  higher  and  higher  during  vast  succeeding  reaches  of 
geological  time  the  Sierra  witnessed  the  gradual  unfold- 
ing of  the  California  drama;  destined  itself  to  undergo 
many  and  terrific  changes,  it  was  the  solitary  spectator  of 
the  heroic  and  often  thwarted  struggle  for  existence  of  a 
younger  range  of  mountains,  born  of  the  sea. 

At  first  the  Sierra  looked  west  over  an  illimitable 
expanse  of  gray  water  that  washed  its  very  base.  What- 
ever folding  and  crumpling  might  be  going  on  under  that 
stormy  surface,  it  was  many  million  years  before  a  long 
low  chain  of  rocks  lifted  its  heads  and  tarried  long  enough 
to  be  so  eroded  that  man — ^when,  some  forty  million  years 
later,  he  developed  the  scientific  brain — should  read  the 
story  as  the  old  Sierra  saw  it.  They  were  smothered  for 
eons  again,  not  only  by  the  sea,  but  by  sediments  many 
thousands  of  feet  deep,  to  be  known  later  as  the  Franciscan 

6 


o 
> 

o 

2 


THE   GEOLOGICAL   DRAMA 

or  Golden  Gate  series.  The  boldest  of  the  peninsula's 
headlands,  Telegraph  Hill,  and  the  present  islands  in  the 
bay  are  of  sandstone  interspersed  with  shales  and  rocks 
of  peculiar  interest  to  the  geologist,  not  only  for  their  age 
and  record,  but  for  their  coats  of  many  colors. 

In  late  Jurassic  or  early  Cretaceous  times,  some  twenty 
million  years  after  its  first  baffled  attempt  to  live,  the  coast, 
including  what  are  now  its  bay  shores  and  islands,  then 
but  a  part  of  the  range,  was  born  again.  Folded  and 
faulted  on  the  sea's  uneasy  floor,  the  mass  was  pushed  up 
into  the  light  at  last  and  permitted  to  grow  and  breathe, 
and  harden  and  erode,  and  signal  across  a  gray  cold  sea  to 
the  stately  first-born  of  the  west — for  nearly  a  million 
years.  Then  down  she  went  once  more,  and  the  Pacific 
stood  on  end  and  rushed  with  tidal  ferocity  at  the  in- 
vincible Sierra. 

But  the  Coast  Range,  if  her  ambitions  were  curtailed, 
did  not  waste  her  time.  During  that  long  period  of  sub- 
mergence she  accumulated  those  deposits  of  fossiliferous. 
Cretaceous,  Eocene,  and  Miocene  treasures,  so  beloved 
of  her  students  to-day.  The  sediments  of  the  last  period 
alone  attained  a  thickness  of  eight  thousand  feet.  This 
took  time,  and  it  was  not  until  some  twelve  million  years 
after  her  first  appearance,  and  during  the  Miocene,  that 
she  got  her  hydra-headed  masses  out  again.  The  faulting 
and  crumpling  and  folding  and  deformation  went  on  dur- 
ing that  vast  reach  of  time  until,  bombarded  from  below, 
the  reluctant  sea  parted  and  there  rose  at  last  a  real  range 
of  mountains,  oscillating  and  bowing  through  the  mists 
to  the  Sierra,  who  thought  that  her  long  and  lonely 
watch  was  ended.  But  alas!  Reckoning  geologically, 
which  was  all  the  time  she  knew,  her  companionship  was 

7 


CALIFORNIA 

brief.  In  late  Pliocene  the  Coast  Range  subsided  once 
more,  and  only  a  long  low  chain  of  hills  held  their  heads 
obstinately  above  the  sea  and  broke  the  ponderous  at- 
tacks of  the  Sierra's  old  enemy. 

It  was  during  the  Pliocene,  late  Tertiary,  about  six  hun- 
dred thousand  years  ago,  that  the  Coast  Range  achieved 
her  wonderful  series  of  deposits  known  as  the  Merced, 
which  may  be  seen  to-day  along  the  edge  of  the  ocean 
near  San  Francisco.  The  deposit  is  a  mile  in  thickness, 
and  at  its  base  is  what  the  sea  has  left  of  an  old  pine  forest. 
During  the  last  submergence  it  went  down  some  five 
thousand  feet,  and  so  rapidly  that  the  trees  were  buried 
under  sediment  before  they  could  decay.  In  the  upper 
beds  are  fossils  of  Recent  Quartenary,  which  began  (to 
be  conservative)  but  twenty-five  thousand  years  ago. 
Their  elevation  has  been  more  gradual  than  their  descent, 
and  they  are  now  tilted  up  at  an  almost  perpendicular 
angle  and  dislocated  by  a  fault. 

It  was  not  long  before  that  doughty  coast  proved — 
what  all  geologists  now  admit — ^that  her  disposition,  un- 
daunted by  cruel  vicissitudes,  is  to  grow,  and  not  long 
after  her  subsidence  she  began  once  more  to  rise.  At  one 
time,  indeed  (early  Quartenary),  she  stood  some  three 
thousand  feet  higher  than  now,  if  we  read  aright  the  tale 
of  her  submerged  cations,  eroded  by  other  elements  than 
the  sea.  But  although  she  was  forced  to  accept  a  later 
subsidence — ^no  doubt  to  fill  a  hole  in  ocean's  floor — she 
kept  her  heads  out,  as  we  have  seen,  and  she  has  been 
growing  ever  since. 

It  was  at  the  beginning  of  the  Miocene  that  certain 
faulting  and  folding  developed  the  great  earthquake  rift 
of   California.     That   was  something  over  two  million 


THE    GEOLOGICAL    DRAMA 

years  ago,  and  one  shudders  to  think  what  it  must  have 
done  in  its  heyday.  For  that  old  wound  has  never 
healed ;  every.f orty  or  fifty  years  the  Coast  Range  has  an 
acute  attack  of  Miocene  fever,  accompanied  by  spasms 
and  followed  by  many  minor  protests  at  this  long  chastise- 
ment of  nature. 

But  these  are  merely  the  pangs  of  old  age,  which  she 
endures  with  more  equanimity  than  we  do,  ruminating  as 
she  must  upon  the  visitations  of  her  youth  and  maturity; 
and  not  only  upon  those  painful  births,  deaths,  burials, 
and  reincarnations,  but  that  terrific  vulcanic  period  when 
she  was  forced  to  tear  apart  her  smooth  yotmg  flanks  and 
the  most  lofty  and  aspiring  of  her  brows  to  disgorge  into 
the  shrinking  central  sea  the  molten  masses  the  earth 
could  no  longer  contain. 

That,  of  course,  was  the  most  spectacular  era  of  our 
Western  Hemisphere's  history,  but  the  great  Sierra  herself 
was  too  fully  occupied  letting  the  fiery  blood  of  the 
swollen  patient  to  observe  and  admire  the  new  activities 
of  her  interesting  neighbor.  But  to  the  men  in  the  moon, 
whose  atmosphere  as  it  sank  inward  may  have  been 
converted,  for  aught  we  know  (all  things  being  so  wonder- 
ful at  that  time) ,  into  a  powerful  lens,  it  must  have  been  a 
stupendous  drama :  that  red  and  roaring  world,  dulling  the 
music  of  the  spheres,  ten  hundred  thousand  thousand 
flames  distorted  into  as  many  shapes,  and  seen  fitfully 
through  a  smoky  curtain  rent  with  boiling  rock  magma. 

The  igneous  activities  began  with  the  close  of  the 
Cretaceous  period  and  reached  its  climax  some  seven 
million  years  later  in  the  Miocene,  although  by  no  means 
its  end.  Of  course,  the  Coast  Range,  being  swallowed 
periodically,  was  unable  to  discharge  her  share  of  the 

9 


CALIFORNIA 

obligation  during  all  of  that  time,  but  making  due  al- 
lowance for  periods  of  rest — throughout  long  geologic 
ages — ^and  these  mean  tens  of  thousands  of  years  at  best — 
torrents  of  flaming  lava  poured  incessantly  from  the  lofty 
craters  and  the  mangled  sides  of  both  of  California's 
mountain-chains.  Before  the  waters  retreated  during  the 
early  Pliocene  the  central  sea  was  a  steaming  hissing 
cauldron,  hiding  the  throes  of  one  range  from  the  other, 
and  after  that  the  valley  was  dry  and  scorched,  the  thick 
Miocene  deposits  pelted  with  red-hot  rocks  and  ash. 
Gradually,  however,  the  valley  floor  was  raised  and  built 
up  by  sediment,  and  during  those  intervals,  now  and  then, 
when  the  plutonic  energy  of  the  moimtains  ceased,  the 
ranges,  scarred  and  battered  but  serene,  smiled  at  each 
other  across  a  magnificent  valley,  dotted  with  lakes 
and  groves  of  trees,  and,  no  doubt,  ancient  and  fearsome 
monsters,  now  happily  extinct  save  in  museums. 

And  dtuing  all  these  measureless  eons,  while  her 
neighbor  was  tossed  aloft  or  recalled  to  stop  a  hole  in  the 
sea,  the  Sierra  had  many  and  varied  trials  of  her  own, 
holding  her  breath  for  centuries,  wondering  if  she,  too, 
were  to  be  engulfed,  if  that  persistent,  ponderous,  roaring 
ocean  meant  to  devour  her.  There  had  been  compression 
and  faulting  at  the  end  of  the  Palaeozoic,  as  well  as  some 
igneous  activity  and,  later,  erosion.  The  whole  range, 
about  eleven  milUon  years  ago,  at  the  close  of  the  Jurassic, 
was  once  more  compressed,  folded,  and  then  triumphantly 
uplifted.  But  the  elements  peneplained  her  imtil  the  close 
of  the  Miocene,  and  the  sea  tore  at  her  roots  unceasingly, 
although  never  again  to  dislodge  them.  Rivers  wore 
away  her  surfaces,  to  lay  the  floor  of  the  central  sea 
until  she  was  some  four  thousand  feet  lower  than  she  is 

lO 


THE    GEOLOGICAL   DRAMA 

to-day.  It  was  during  this  period,  when  the  vast  Eocene 
sea  threatened  her  existence,  and  she  was  torpid  with  fear 
and  exhaustion,  that  her  "aged  rivers'*  rescued  the  gold 
from  her  battered  veins  and,  crawling  downward  with 
their  heavy  burden,  disgorged  it  into  the  lower  canons,  or 
carried  it  out  into  the  sea  between  the  ranges,  where  it 
sank  into  the  rising  beds  of  future  rivers. 

In  the  late  Miocene,  or  early  Pliocene,  the  central 
waters  receded  for  ever,  and  the  Sierra,  dtiring  a  long  and 
blessed  interval  between  igneous  violence,  was  elevated 
again,  and  her  streams,  like  herself,  rejuvenated.  During 
these  intervals  of  repose  she  no  doubt  was  almost  as 
beautiful  as  she  is  to-day;  although  the  cations  and 
scenery  of  the  highest  portions  of  the  range  are  post- 
Tertiary,  the  work  of  the  ice-chisels,  her  vigorous  streams 
carved  deep  cafions  into  her  lower  slopes,  quite  as  fine  as 
those  cut  into  the  lost  pedestal  of  the  Coast  Range. 

Then  once  more  her  great  chimneys  sent  forth  their 
pillars  of  flame  and  smoke  and  were  answered  by  the 
watch-fires  on  the  heights  opposite,  and  the  valley  was 
pounded  with  rock  and  covered  with  lava  and  dust  and  the 
bones  of  monsters,  for  which  there  was  no  escape. 

To  this  long  age  of  alternate  turmoil  and  the  heavy 
fatigue  of  convalescence,  or  the  brief  periods  of  rejuvena- 
tion and  beauty,  succeeded  an  epoch  of  terrible  repose. 
After  the  trial  by  fire  the  ptmishment  of  the  ice.  Al- 
though California  was  too  far  south  to  be  included  in  the 
great  ice-sheet  that  came  down  out  of  the  north  in  the 
Pleistocene  (glacial)  era  she  had  an  ice  age  of  her  own 
which,  with  the  interglacial  periods,  lasted  some  five 
hundred  thousand  years. 

Diuing  the  greater  part  of  this  time  the  Sierra  was 

II 


CALIFORNIA 

covered  with  a  continuous  sheet  of  ice.  The  crystal 
masses  were  packed  into  every  canon  and  river  and  lake, 
covered  every  crag  and  table-land,  rose  in  frozen  waves 
from  the  dead  craters  of  a  thousand  volcanoes.  The  ice 
laid  its  heavy  weight  on  the  harsh  outlines  of  the  moun- 
tains, mighty  hands  grasping  a  million  little  chisels  to 
carve  the  high  caiions,  the  pinnacles  and  domes  and 
turrets,  the  arches  and  lacework  and  spires,  that  make 
the  Sierra  Nevada  a  thing  of  wonder  to-day. 

It  was  the  turn  of  the  Coast  Range,  less  afflicted,  to 
watch  and  admire  and  hold  its  breath  in  the  face  of 
that  stupendous  beauty  which  only  death  cotild  create. 
For  silent  interminable  centuries  the  crystal  mountains 
flashed  prismatically  in  the  simlight  or  lay  white  and  cold 
under  the  gray  mists  that  rose  from  the  frozen  earth. 
Then  came  the  first  long  interglacial  period,  when  the  ice- 
sheets  crept  down  the  mountainsides,  carrying  great 
masses  of  decayed  material  to  choke  the  Central  Valley, 
whose  lakes  and  rivers,  released  from  the  long  and  bitter 
winter,  sparkled  in  a  warmth  and  sunshine  almost 
forgotten. 

The  rocks  breathed  again  and  called  to  the  green  hills 
of  the  coast,  protected  by  the  milder  currents  of  the 
Pacific,  from  the  assault  of  the  ice,  but  only  for  a  brief 
space  of  fifty  to  a  hundred  thousand  years.  Like  the 
Coast  Range,  during  her  earlier  trials,  the  Sierra  was 
engulfed  again,  not  by  a  vast  and  restless  sea,  but  equally 
helpless  under  snow-fields  and  ice-sheets. 

But  all  things  come  to  an  end,  temporarily  at  least. 
The  Coast  Range  witnessed  the  last  of  the  interglacial 
periods,  the  last  of  the  ice  descents  which  is  behind  us; 
life  struggled  from  below  the  soil ;  the  mountainsides  and 

12 


■ 

,«wi''  tt, 


THE   GEOLOGICAL   DRAMA 

the  Central  Valley  turned  green;  acorns  that  had  slept 
for  centuries  side  by  side  with  the  nuggets  torn  from  the 
veins  of  the  high  Sierra,  stirred  and  swelled,  and  pushed 
their  way  out  of  the  softened  earth ;  trees  burst  from  the 
mountainsides  and  lined  her  canons.  From  the  moun- 
tains of  Asia  wandered  in  due  course  what  we  call  the 
Rocky  Moimtain  goat,  a  beautiful  spirited  creature,  as 
white  as  the  polar  bear.  He  is  the  surest  proof  that  the 
Indians  of  our  west  came  from  the  same  region,  following 
in  his  wake,  or  driving  him  before  them.  That  was  before 
a  narrow  neck  of  land  between  the  hemispheres  broke 
in  two. 

It  is  only  twenty-five  thousand  years  since  the  end  of 
the  ice  age  (or  so  we  believe  at  this  writing).  Forests  on 
the  moimtainsides,  protected  from  the  cold  and  blustering 
winds  of  the  Pacific,  rose  and  fell,  were  born  and  died, 
living  for  a  longer  period,  perhaps,  than  man  and  the 
elements  permit  to-day.  No  one  knows.  The  Merced 
book  was  old  and  closed  long  before  Asia  conceived  the 
myth  of  Noah.  The  "Big  Trees"  {sequoia  gigantea)  are 
believed  to  have  lived  in  Tertiary  times,  a  few  of  their 
roots  or  seeds  surviving  the  ice,  to  father  those  in  exist- 
ence to-day.  It  is  estimated  that  there  may  have  been  a 
time  when  these  trees,  peculiar  to  a  few  hundred  miles 
of  the  Pacific  coast,  flourished  for  five  thousand  years 
instead  of  a  paltry  fifteen  hundred.  Certainly  the  miser- 
able degenerate  Asiatics  we  call  Indians — nowhere  farther 
below  the  standards  of  the  white  races  than  in  California 
— did  not  disturb  them.  The  savages  cut  young  trees  for 
their  wigwams  or  huts,  as  they  lived  on  hares  and  goats 
and  the  rich  products  of  the  valley's  soil  which  Nature 
planted  and  tended  and  watered. 

13 


CALIFORNIA 

But  the  great  trees  of  the  Sierra  awaited  the  coming 
not  merely  of  the  white  man,  but  of  the  genus  Americana 
to  fall  before  anything  but  storm  and.  time.  There  is  no 
historic  proof,  but  it  seems  indubitable  that  the  men  of 
the  early  surveying  parties,  or  the  emigrants  who  followed 
in  their  footsteps,  who  were  obliged  to  build  cabins  in  the 
Sierra,  were  the  first  to  lay  an  ax  to  the  roots  of  the 
great  sequoia.  The  missions  were  built  of  adobe  and  were 
far  from  the  redwood  forests.  The  ranch-houses  were  all 
built  of  adobe,  and  so  was  Sutter's  Fort,  although  he  was 
close  to  the  oak-trees  of  the  Sacramento  Valley.  The 
redwoods  felled  by  Luis  Arguello  were  in  the  Coast  Range 
and  of  an  inferior  variety.  As  a  nation  we  are  prone  to 
hitch  our  wagon  to  a  star,  and  we  therefore  lay  claim  to 
be  the  direct  connecting-link  between  a  time,  reckoned — 
as  time  goes  and  as  typified  by  the  Sierra — at  a  hundred 
and  fifty  million  years,  and  the  apologetic  modem  period 
which  will  follow  this  chapter. 


II 

THE  MISSION   PADRES 

California's  historic  period  began  very  late.  When 
New  England  was  burning  witches  on  the  green,  and  the 
South  was  dancing  the  minuet,  and  New  York  was  foimd- 
ing  an  aristocracy  out  of  Dutch  burghers,  this  vast  and 
lovely  tract,  with  a  soil  as  rich. as  the  minerals  within  her, 
was  peopled  by  a  few  Indian  tribes,  so  stupid  that  they 
rarely  learned  one  another's  language,  so  lethargic  that 
they  rarely  fought.  The  squaws  did  what  work  was  done; 
the  bucks  basked  in  the  sun  for  eight  months  in  the  year, 
and  during  the  brief  winter  sweated  out  their  always 
negligible  energies  in  the  temescals. 

Nevertheless,  there  were  strange  legends  about  Cali- 
fornia, and  in  the  light  of  her  actual  inhabitants  it  would 
be  interesting  to  trace  their  origin.  When  Ordonez  de 
Montalvo  wrote  his  astonishing  yam  all  the  world  (at  that 
time  principally  a  Spanish  world)  believed  that  the  vari- 
ously located  California  was  a  land  of  "romantic  wonders 
and  fabulous  riches,  splendid  cities  and  vast  magazines 
of  wealth."  There  was  a  legendary  "seven  golden  cities  " 
which,  Cortez  failing  to  find  during  his  visit  to  the  southern 
peninsula  in  1535,  were  later  relegated  to  the  western  base 
of  the  great  Sierra  rampart.  Montalvo  begins  his  assur- 
ance to  a  credulous  world  in  this  wise : 

Be  it  known  unto  you  that  at  the  right  hand  of  the  Indies  [sic]  there 
was  an  island  formed  of  the  largest  rocks  known  and  called  California, 

2  IS 


CALIFORNIA 

very  near  to  the  terrestrial  Paradise.  This  island  was  inhabited  by  ro- 
bust dark  women  of  great  strength  and  great  warm  hearts,  who  lived 
almost  as  Amazons,  and  no  man  lived  among  them.  Their  weapons 
and  the  trappings  of  the  wild  beasts  which  they  rode  after  taming 
them  were  entirely  of  gold,  and  no  other  metal  existed  on  the  island. 
The  people  lived  in  well-hewn  caves.  They  had  many  ships  in  which 
they  made  excursions  to  other  countries,  where  they  caught  men  whom 
they  carried  away  and  subsequently  killed.  During  periods  of  peace 
with  their  neighbors  they  commingled  with  them  without  restraint. 
When  children  were  born  the  females  were  preserved,  but  the  males 
were  killed  at  once,  saving  only  those  required  to  guard  against  de- 
population, so  that  their  domination  over  the  land  would  be  securely 
maintained. 

There  were  many  griffins  on  the  island,  and  they  were  a  great 
torment.  There  were  also  an  infinite  ntmiber  of  wild  beasts  which 
are  found  in  no  other  part  of  the  world.  When  these  animals  had 
young  the  women  went  to  fetch  them  and  carried  them,  covered  with 
heavy  skins,  to  their  caves,  and  there  bred  them  and  fed  them  with 
the  men  and  male  children.  The  women  brought  up  these  animals 
with  such  skill  that  they  knew  them  well  and  did  them  no  harm,  and 
they  attacked  and  killed  any  man  who  entered  the  island  and  ate  him ; 
and  when  their  appetite  was  sated  they  would  take  them  up  flying  into 
the  air  and  let  them  fall  from  great  heights,  killing  them  instantly. 

This  quotation,  from  a  once  famous  book,  is  interesting, 
if  only  to  reveal  what  a  Spaniard  of  the  sixteenth  century- 
believed  to  constitute  a  "great  warm  heart"  in  woman. 

Certain  romantic  writers  and  even  historians  connected 
California  with  Asia  via  what  we  now  call  Newfoundland, 
and  many  expeditions  were  fitted  out  by  Spain  in  the 
hope  of  discovering  this  golden  land  and  claiming  it  in  the 
name  of  God  and  the  king. 

But  California  might  have  taken  one  of  her  ancient 
dips  beneath  the  sea,  so  elusive  did  she  prove  until  1542, 
when  Cabrillo,  convinced  that  the  beautiful  coast  rising 
before  his  galleons  was  California  (or  might  as  well  be), 
sailed  into  two  of  its  bays  and  named  them  San  Diego  and 
Monterey.     He  took  note  of  a  country  rich  in  scenery  and 

16 


THE   MISSION   PADRES 

naked  savages,  but  with  no  visible  Amazons  or  gold. 
He  died,  and  his  captain,  Farello,  sailed  as  far  north  as 
Cape  Mendocino,  and  so  did  Viscaino  in  the  following 
century.  Neither  saw  anything  of  the  Golden  Gate  and 
the  great  inland  sheet  of  water  encircled  by  hills. 

California,  in  spite  of  these  formal  acts  of  possession — 
the  erection  of  cross  and  flag — seems  to  have  lost  her  lure. 
Mexico  (New  Spain)  already  covered  an  immense  area, 
in  great  part  imexplored,  much  of  it  infested  by  savages, 
and  but  sparsely  populated  by  the  Spaniard.  None 
of  the  explorers  had  learned  aught  of  the  fertile  central 
valleys  of  California  or  of  the  golden  skeleton  within  her. 
The  Jesuits,  against  incredible  odds,  made  repeated 
attempts  to  colonize  that  long  strip  of  land  that  still 
belongs  to  Mexico,  called  Baja  (Lower)  California,  and 
Christianize  the  Indians.  But  the  country  was  so  barren 
and  arid  that  almost  all  material  sustenance  was  brought 
from  the  other  side  of  the  gulf,  and  the  Indians  did  not 
take  kindly  to  the  spiritual.  Although  the  hardy  priests 
managed  to  interest  Spain  to  some  extent  in  the  pearl- 
fisheries,  the  beds  could  be  ravaged  without  financing  mis- 
sions, and  the  poor  padres  were  supported  mainly  by 
private  funds.  In  1768  Spain  drove  the  Jesuits  out  of  all 
her  possessions,  and  those  in  Baja  California  were  forced 
to  abandon  the  Indians  after  seventy  years  of  devoted  but 
almost  futile  labors  in  a  cause  to  which  they  had  given  not 
only  their  youth  and  strength,  but  their  personal  means. 
They  left  CaHfomia,  still  believing  it  to  be  an  island, 
and  having  made  no  attempt  to  penetrate  Alta  (Upper) 
California,  which  they  also  assumed  to  be  an  island  and 
bounded  on  the  north  by  the  "Straits  of  Amien." 

But  California's  first  and  greatest  pioneer  was  born, 

17 


CALIFORNIA 

and  her  historic  period  was  to  begin  in  1769,  the  year 
after  the  expulsion  of  the  Jesuits. 

Twenty  years  earHer  a  priest  had  left  Spain  for  Mexico 
and  spent  the  intervening  time  either  in  the  College  of 
San  Fernando  or  the  lonely  perilous  missions  of  the  Sierra 
Gorda.  His  piety  and  exaltation  were  on  every  tongue, 
and  by  many  he  was  hailed  as  the  most  remarkable  man 
of  his  order  since  it  was  founded  by  his  prototype,  Francis 
of  Assisi.  His  name  was  Junipero  Serra.  There  is  a 
monument  erected  in  his  honor  in  the  Golden  Gate  Park 
of  San  Francisco,  and  another  overlooks  the  harbor  of 
Monterey.  No  name  shines  in  the  brief  history  of 
California  with  a  brighter  and  more  persistent  luster. 
While  he  looked  nine-tenths  spirit,  and  no  doubt  was,  and 
was  endowed  with  a  humility  and  simplicity  of  mind  that 
permitted  him  to  see  a  miracle  in  every  meager  bit  of 
good  luck  that  fell  to  his  share,  he  was  the  bom  pioneer, 
resourceful,  practical,  indomitable.  He  knew  no  obstacle 
where  the  glory  of  the  Church  was  concerned;  neither 
weary  leagues  infested  by  hostile  tribes,  nor  the  racking 
ills  of  his  own  frail  body. 

Simultaneously  with  the  expulsion  of  the  Jesuits  the 
Franciscans  determined  to  succeed  where  the  rival  order 
had  failed.  They  were  encouraged  by  Charles  III.,  King 
of  Spain,  one  of  the  most  enlightened  princes  of  his  time. 
He  was  quite  willing  to  save  the  souls  of  the  pestilential 
savages  if  it  could  be  done,  but  his  ardent  missionaries 
were  a  cloak  for  his  ultimate  design;  he  purposed  to 
occupy  and  settle  that  land  of  all  possibilities,  explored 
along  eight  hundred  miles  of  its  coast  by  Cabrillo,  Farello, 
and  Viscaino — to  say  nothing  of  the  insolent  foreigner, 
Drake,  who  had  presumed  to  call  the  land  New  Albion-^ 

18 


STATUE  OF  PADRE  JUNIPERO  SERRA 

He    was   the    founder  of  the    California   missions.     He  was  hailed  as  the  rnost  re- 
markable man  of  his  order  since  it  was  founded  by  his  prototype,  Francis  of  Assisi 


h 


THE    MISSION    PADRES 

thus  linking  it  inseparably  to  the  Spanish  crown.  The 
spiritual  expedition  was  placed  as  a  matter  of  course  in 
charge  of  Junipero  Serra,  and  he  and  his  little  band  of 
priests  went  first  to  Loreto  to  re-establish  the  missions  of 
Baja  California.  They  arrived  on  Good  Friday,  April  i, 
1768,  with  orders  to  separate  to  the  different  mission 
establishments  left  by  the  Jesuits  and,  while  saving  souls 
by  baptism,  await  further  orders  from  Don  Jose  de 
Galvez,  who  had  been  appointed  Visitador  -  general  and 
charged  with  the  execution  of  the  real  purpose  of  the  king. 

Galvez  arrived  in  Loreto  two  months  later  and  held  a 
long  consultation  with  Father  Fr.  Junipero  Serra,  who, 
as  president  of  the  California  missions,  was  almost  his 
equal  in  authority.  They  mutually  agreed  that  forces 
and  missionaries  should  be  sent  early  in  the  following 
year  by  land  and  sea  to  take  formal  possession  of  Alta 
California. 

Serra  at  this  time  was  fifty-five  years  old;  his  body  was 
wasted  by  fasting  and  scourging  and  tireless  missionary 
work,  but  animated  by  one  of  the  most  remarkable  wills 
ever  developed  in  the  psychical  anatomy.  Although  three 
ships  had  been  placed  at  the  disposal  of  the  explorers,  he 
elected  to  go  with  one  of  the  land  expeditions,  which,  of 
course,  meant  traversing  hundreds  of  thorny  miles  either 
on  foot  or  the  back  of  a  mule. 

The  ships  sailed  (one  of  them  was  lost).  The  first  of 
the  two  land  expeditions  started  under  the  leadership  of 
Capt.  Rivera  y  Moncada.  The  second  was  in  charge  of 
Capt.  Caspar  de  Portola  (also  appointed  governor  of  Cali- 
fornia), and  left  Loreto  on  March  9,  1769.  Serra  was  to 
have  ridden  at  the  head  of  this  party,  but  was  forced  to  re- 
main behind  and  in  bed  for  several  days.    Since  his  arrival 

19 


CALIFORNIA 

in  Mexico  in  1749,  when  he  had  insisted  upon  walldng 
from  Vera  Cruz  to  the  City  of  Mexico  for  the  glory  of  God, 
he  had  suffered  from  a  painful  ulcer  in  the  leg,  which  was 
constantly  irritated  by  his  arduous  and  unremitting  labors 
and  received  no  attention  from  this  devoted  servant  of  the 
Church  until  he  collapsed  from  weakness. 

On  March  25  th,  accompanied  by  two  soldiers  and  a 
servant,  he  began  his  march  over  roads  that  might  have 
been  designed  by  Nature  in  her  most  vicious  geological 
mood  to  test  his  unfaltering  spirit.  Baja  California  is 
little  more  than  a  rough  mountain-chain,  parched,  stony, 
already  blistering  at  this  time  of  the  year  imder  a  tropic 
sun.     The  only  game  was  rattlesnake. 

Serra's  leg  became  so  swollen  that  it  threatened  not  only 
to  become  insupportably  painful,  but  useless.  But  re- 
monstrance availed  not ;  resting  but  a  day  or  two  at  the 
successive  missions  (where  the  beds  were  probably  boards) , 
he  continued  his  march,  losing  himself  in  religious  medita- 
tion or  dreams  of  the  beautiful  land  he  was  about  to 
redeem.  Mind  triumphed  over  matter  (aided  by  an 
opportune  mule-doctor  who  poulticed  him  with  herbs) ;  he 
caught  up  with  Portola  in  May.  On  July  ist  they  arrived 
on  the  shores  of  the  Bay  of  San  Diego  and  found  the  party 
of  explorers  that  had  preceded  them  camped  in  the  sandy 
valley,  and  two  of  the  ships  in  the  harbor.  Serra  went 
to  work  the  day  he  arrived  upon  the  latent  religious 
sensibilities  of  a  particularly  suspicious  and  bloodthirsty 
tribe  of  Indians.  First  he  celebrated  mass,  and  then  he 
made  them  presents. 

Portola  gave  them  their  first  taste  of  beef.  He  and 
Capt.  Rivera  y  Moncada  had  driven  before  them  the 
ancestors  of  the  herds  and  flocks  the  Americans  foimd 

20 


THE   MISSION   PADRES 

in  the  California  valleys  three  -  quarters  of  a  century 
later. 

Portola,  having  seen  his  missionaries  and  their  guard 
safe,  as  he  supposed,  within  a  stockade,  set  out  on  the 
14th  of  July  to  rediscover  the  Bay  of  Monterey.  He  was 
accompanied  not  only  by  his  peons  and  a  large  body- 
guard of  soldados  de  cuera  (leather- jacketed  soldiers),  but 
by  Capt.  Rivera  y  Moncada,  Don  Pedro  Pages,  Don 
Miguel  Constanzo  (engineer),  Father  Gomez,  and  Father 
Crespi — to  whose  diary  the  historian  is  so  deeply  indebted. 
A  train  of  mules  carried  provisions  for  the  journey.  But 
Portola  could  not  find  the  Bay  of  Monterey.  Indifferent 
to  the  Bay  of  San  Francisco^  which,  pushing  on  north, 
he  inadvertently  discovered,  and  convinced  that  the  bay 
most  famous  among  California  explorers  had  disappeared, 
he  wended  his  weary  and  himgry  way  back  to  San  Diego. 
There  he  was  horrified  to  learn  that  Father  Serra  and  his 
little  colony  barely  had  escaped  massacre  by  the  Indians ; 
they  had  saved  themselves  less  with  their  firearms  than 
with  their  wits. 

Portola  was  thoroughly  discouraged.  He  had  been 
tramping  for  the  greater  part  of  six  months  over  a 
dusty  or  muddy  imbroken  coimtry,  whose  magnificent 
scenery  was  no  compensation  for  the  mule  diet  to  which 
he  finally  had  been  reduced.  The  bay  coveted  by  the 
King  of  Spain  evidently  had  been  obliterated  by  the 
elements ;  and,  although  he  had  found  a  superb  bay  farther 
north,  he  scorned  it,  convinced  that  it  was  the  harbor 
discovered  by  Drake  and  the  Spanish  explorers,  and  held 
by  Spain  as  of  little  account.  As  the  Drake  harbor  was 
named  San  Francisco  on  the  Spanish  maps,  he  rechristened 
the  inland  sheet  after  the  patron  saint  of  the  expedition  j 

21 


CALIFORNIA 

to  the  unbounded  delight  of  Father  Serra,  who  looked 
upon  Portola's  march  north  and  discovery  of  the  bay- 
already  named  for  St.  Francis  in  the  light  of  a  miracle. 

He  was  a  handsome  and  gallant  yoimg  officer,  this 
Don  Gaspar  de  Portola,  first  governor  of  California,  but 
there  is  no  denying  that  he  was  stupid ;  and  when  he  dis- 
covered later  that  he  had  camped  for  several  days  on  the 
beach  before  the  Bay  of  Monterey,  perhaps  he  thought  so 
himself.  As  none  of  the  Spaniards  ever  appreciated  the 
Bay  of  San  Francisco,  he  lived  and  died  in  blissful  ignorance 
of  the  greatest  of  his  mistakes. 

Only  one  of  the  ships  remained  in  the  Bay  of  San  Diego, 
the  San  Carlos.  The  San  Antonio  had  been  sent  back  to 
San  Bias  in  July,  not  only  for  provisions,  but  for  sailors 
and  soldiers,  many  having  died  on  the  voyage  out  from 
diseases  caused  by  the  abominable  conditions.  The  San 
Antonio  had  not  returned;  Portola  doubted  if  it  ever 
would.  The  provisions  on  hand  were  running  low.  He 
made  up  his  mind  to  return  to  Mexico  at  once,  and  would 
have  done  so  had  it  not  been  for  the  prayers  and  deter- 
mination of  Father  Serra.  There  is  no  doubt  that  if  the 
Spaniards  had  abandoned  CaHfornia  at  that  time  the 
government,  upon  receiving  the  discouraging  reports  of 
such  seasoned  officers  as  Portola  and  Rivera  y  Moncada, 
would  have  lost  interest  once  more.  Without  the  pic- 
turesque if  imperfect  civilization  of  the  late  eighteenth  and 
early  nineteenth  centimes  men  of  a  more  energetic  and 
adventiirous  breed  never  would  have  heard  of  California. 
Her  "American"  history  woiild  have  been  delayed  for  a 
century  or  more ;  and  those  enterprising  citizens  that  have 
wrested  fortunes  from  her  vitals,  her  fertile  surfaces,  or 
their  fellow-citizens,  should  render  yearly  thanks  to  that 

22 


THE    MISSION    PADRES 

old  priest  of  racked  body  and  unquenchable  enthusiasm, 
and  of  a  will  too  strong  for  Gaspar  de  Portola.  Otherwise 
they  might  be  battling  with  the  wilderness  themselves 
instead  of  reaping  the  harvest  of  the  argonauts  and  pio- 
neers of  '49. 

Portola  unwillingly  consented  to  wait  till  the  19th  of 
March.  On  that  date  if  the  San  Antonio  had  not  arrived 
he  should  abandon  California.  She  arrived  on  the  19th 
(another  miracle),  and  only  because  she  needed  an 
anchor — she  had  been  ordered  to  Monterey.  Portola, 
now  convinced  that  God  and  the  authorities  were  on  the 
side  of  the  heathen,  and  that  if  he  valued  his  career  he  had 
better  be  also,  immediately  organized  another  expedition 
to  search  for  the  Bay  of  Monterey.  But  this  time  he 
went  by  sea,  already  half  persuaded  by  Father  Serra 
(who  took  care  to  accompany  him)  that  the  bay  above 
which  Viscaino  had  erected  a  cross — still  remaining — 
could  not  have  disappeared.  Even  when  the  ship  steered 
straight  for  the  cross,  however,  Portola  saw  nothing  that 
resembled  a  bay,  but  Serra  recognized  it  at  once  and  pro- 
nounced it  a  beautiful  port.  Portola,  who  seems  to  have 
been  able  to  see  anything  that  was  ticketed  and  labeled, 
agreed  with  him,  and  they  took  possession  of  Monterey 
with  impressive  ceremonies. 

This  was  on  Jtme  3,  1770,  a  fateful  day  in  the  history  of 
California.  San  Diego,  sandy,  barren,  intensely  hot, 
differing  little  from  Baja  California,  would  hardly  have 
unloosed  the  purse-strings  of  the  "pious  fund"  of  Mexico 
had  that  second  expedition  north  not  been  undertaken. 
But  now  even  Portola  admitted  that  California  was  a 
vast  orchard  of  plums,  all  worthy  of  the  active  appetite 
of  Spain.     He  had  eaten  wild  grapes  and  oranges  himself 

23 


CALIFORNIA 

in  the  lovely  valleys  he  had  traversed,  he  now  remembered, 
and  seen  pine  forests  of  which  seventy-times-seven  cities 
might  be  built.  These  same  forests  had  towered  on  the 
coast  above  them  as  the  San  Antonio  crawled  north; 
and  along  the  cliffs  was  a  narrow  belt  of  ancient  cypress 
trees,  an  advance-guard  from  the  Holy  Land  to  greet  the 
cross. 

Seals  crowded  the  outlying  rocks,  over  which  the  pon- 
derous waves  of  the  Pacific  dashed  on  their  way  to  assault 
the  cliffs.  They  kept  up  an  incessant  and  horrible  racket, 
but  the  scene  above  was  very  cool  and  green  and  inviting 
to  eyes  weary  of  the  glare  of  the  desert. 

On  the  ship  had  been  packed  not  only  the  necessaries  of 
camp  life,  but  altars,  vestments,  all  the  paraphernalia  of 
the  Church,  as  well  as  the  parade  uniforms  of  the  officers. 
On  the  morning  of  June  3d  priests  and  officers  arrayed 
themselves  magnificently  and  assembled  about  an  altar 
under  the  great  oak  named  for  Viscaino.  The  priests  rang 
the  silver  bells  they  had  hidden  among  the  branches,  sum- 
moning all  that  might  hear  to  prayer.  The  Indians,  who 
were  hidden  behind  every  rock,  ignored  the  invitation,  but 
felt  sufficient  awe  of  the  impressive  ceremonies  to  remain 
passive. 

The  little  congregation  was  composed  of  Don  Caspar  de 
Portola  and  his  officers,  several  priests,  many  soldiers, 
and  the  native  muleteers,  who  had  been  Christianized  in 
Baja  California.  They  all  knelt  while  Father  Serra,  in 
the  white  ceremonial  robes  of  his  order,  blessed  them  and 
consecrated  the  ground  and  sands  of  the  shore,  sprinkled 
them  with  holy  water,  and  planted  an  immense  cross. 
The  chanting  was  incessant,  and,  as  there  were  no  musical 
instruments,  salvos  of  artillery  and  musketry  were  fired 


THE    MISSION    PADRES 

during  the  mass.  With  the  Te  Deum  the  religious  cere- 
monies finished  and  the  military  ceremonies  began. 

The  royal  standard  was  planted,  and  California  (which 
extended  to  the  north  pole,  for  all  they  knew)  taken  posses- 
sion of  in  the  name  of  Charles  III.,  King  of  Spain.  The 
day  finished  with  a  great  feast  on  the  beach.  The  brave 
little  band  was  tired  and  hungry,  but  happy.  Not  only 
had  the  Mission  of  San  Carlos  de  Monterey  been  founded, 
but  a  royal  presidio. 

When  the  barracks  were  built  the  high  stockade  in- 
cluded not  only  the  quarters  of  the  governor  and  his 
officers  and  barracks  for  the  soldiers  and  peons,  but  a 
parish  chapel  and  rooms  for  the  missionaries.  Later  a 
Castillo  (fort)  was  erected  on  an  eminence  above  the  har- 
bor, and  the  presidio  was  rebuilt  far  from  the  shore  and 
about  a  large  plaza. 

The  natives  proved  docile  and  willing  to  be  baptized. 
Father  Serra  soon  made  up  his  mind  that  Monterey  was 
no  place  for  a  mission,  owing  to  the  absence  of  broad  acres 
to"  till  and  waters  to  irrigate.  Serra,  like  all  the  priests 
that  came  after  him,  was  an  excellent  judge  of  soils; 
moreover,  he  was  far-sighted,  and  did  not  mean  that  his 
missions  should  be  encroached  upon  by  future  towns. 
Prowling  up  and  down  the  coast,  he  soon  discovered,  about 
a  league  to  the  south,  a  beautiful  and  fertile  valley  on  the 
shores  of  a  river,  which  he  named  Carmel.  The  waves 
dashed  over  Point  Pinos,  and  the  mountains  were  black 
with  pines,  but  there  were  hundreds  of  acres  of  rolling  land 
which  could  be  covered  with  grain  and  fruit,  and  there  was 
a  lake  of  fresh  water  besides  the  river. 

He  ordered  certain  of  his  Indians,  old  and  new,  to  fell 
trees  and  erect  a  stout  inclosure  for  a  church,  garrison, 

25 


CALIFORNIA 

Kving-rooms,  huts,  and  a  corral.  This  he  baptized  with 
the  name  Mission  de  San  Carlos  del  Rio  Carmel,  but 
then,  as  now,  more  briefly  known  as  Carmel. 

When  this  energetic  little  padre,  propelling  his  tormented 
body  by  the  living  flame  within,  was  not  designing,  pro- 
jecting, overseeing,  exhorting,  or  baptizing  he  was  writing 
letters  to  the  College  of  San  Fernando  in  Mexico,  dwelling 
with  holy  zeal  and  real  descriptive  ability  upon  the  beau- 
ties of  the  new  land,  the  richness  of  her  soil,  above  all,  of 
course,  the  precious  souls  to  be  saved.  He  asked  for  a 
hundred  more  missionaries,  and  he  got  thirty;  not  only 
did  he  communicate  his  enthusiasm  to  the  Guardian  of 
San  Fernando,  but  to  the  more  practical  Viceroy  of 
Mexico  and  the  Visitador  -  general.  The  news  of  the 
solemn  ceremonies  on  the  shores  of  the  Bay  of  Monterey 
had  already  been  received,  and  the  Marques  de  Croix,  the 
viceroy,  had  published  the  news  in  the  capital  and  ordered 
the  cathedral  and  all  the  little  churches  to  ring  their  bells. 

Two  years  before  when  Portola  and  his  band  were  toil- 
ing over  the  Santa  Lucia  range  Father  Crespi  had  been 
deeply  impressed  by  a  valley  seen  from  the  summit  and 
afterward  crossed  by  the  weary  party.  It  was  a  valley 
of  beautiful  proportions,  with  waving  fields  of  wild  oats 
and  grains,  and  fruits  as  wild.  When  word  came  from  the 
College  that  the  new  missionaries  with  the  necessary  vest- 
ments, bells,  and  funds  would  start  as  soon  as  might  be, 
Father  Crespi  recalled  the  beautiful  fertile  valley  and  in- 
fected Father  Serra  with  his  enthusiasm.  That  warrior 
soul  mounted  his  mule,  and,  accompanied  by  two  priests 
and  a  body-guard,  set  out  for  the  spot,  some  twenty-five 
leagues  south  of  Monterey.  When  he  reached  the  wide 
valley,  watered  by  a  river,  dotted  with  groves  of  stately 

26 


THE    MISSION    PADRES 

trees,  the  ripened  oats  looking  like  a  waving  sheet  of  gold, 
he  lost  the  head  that  never  had  been  as  strong  as  his 
spirit,  capered  about  in  spite  of  his  always  swollen  leg, 
and,  as  soon  as  the  bells  were  hung  in  the  trees,  pulled  the 
rope  himself,  shouting:  "Come,  oh  ye  Gentiles,  come  to 
the  Holy  Church!    Come  to  the  faith  of  Jesus  Christ!" 

Inasmuch  as  there  was  not  a  Gentile  (Indian)  in  sight, 
and  no  church,  and  as  his  conduct  was  altogether  imusual, 
his  companions  thought  he  had  gone  mad.  But  who 
knows  what  visions  of  the  future  flashed  across  his  vision 
on  that  brilliant  July  morning?  Given  a  starved  and 
neglected  body,  a  brain  filled  with  the  poisons  of  that 
body,  an  inner  altar  upon  which  the  flame  never  burned 
low,  surroimd  these  deviations  from  the  normal  by  the 
blue  and  gold  of  a  California  morning,  a  thousand  choirs 
of  birds,  the  exquisite  scents  of  the  virgin  earth,  and 
visions  follow  as  a  matter  of  course. 

Thus  was  founded  the  Mission  of  San  Antonio  de  Padua. 

When  I  saw  it  more  than  a  century  later  its  ruins  were 

crowded  with  evicted  Mexican  squatters,  the  women  very 

fat,  wearing  a  solitary  calico  garment,  and  the  children, 

although  the  San  Antonio  Valley  is  bitter-cold  in  winter, 

quite  naked.     But  it  must  have  been  a  beautiful  mission 

up  to  the  days  of  secularization,  long  and  low,  red-tiled 

and  painted  white;  the  rancheria  (Indian  quarters)  and 

factories  close  by,  set  in  a  magnificent  valley,  one  of  whose 

ranches,^  when  I  saw  it,  covered  forty-five  thousand  acres. 

^  My  father-in-law,  Faxon  D.  Atherton,  saw  this  ranch  when  a  youth 
on  his  way  to  Chile  in  search  of  fortune.  He  vowed  to  himself  that  he 
would  one  day  own  it,  and  did  obtain  possession  sometime  in  the  70's, 
after  a  lawsuit  of  several  years;  he  had  bought  it  as  a  Spanish  grant, 
and  the  many  squatters  in  possession  claimed  that  it  was  government 
land.  The  Supreme  Court  decided  in  his  favor,  and  the  squatters  (threaten- 
ing my  husband  and  the  gh^riffs  with  death,  but  doing  nothing),  were  evicted, 

27 


CALIFORNIA 

During  Father  Serra's  lifetime  the  neophytes  numbered 
1,084.  Like  all  the  missions,  it  was  self-supporting ;  seeds 
and  pits  of  fruits,  cereals,  grains,  and  vegetables,  cattle 
and  sheep  were  sent  from  Mexico,  and  the  priests  soon 
learned  to  ciiltivate  the  wild  orange  and  grape. 

San  Gabriel  was  the  next  mission  to  be  foimded.  It 
stands  in  another  rich  plain  not  far  from  the  sea  and 
walled  in  behind  by  a  rampart  of  high  mountains,  white 
with  snow  when  the  oranges  and  olives  are  ripe  in  the 
valley.  Near  by  to-day  is  the  California  Chicagito,  still 
named  for  the  little  Spanish  pueblo  that  once  drowsed  at 
its  base,  Los  Angeles,  City  of  the  Angels !  As  few  people 
know  the  meaning  of  the  name  they  mispronounce,  the 
incongruity  is  less  painful  than  it  might  be. 

San  Luis  Obispo,  surrounded  by  bare  chrome  hills  and 
beautiful  valleys,  arose  next.  Then,  after  passionate  rep- 
resentations on  the  part  of  Father  Serra  as  well  as  a  trip 
to  Mexico,  during  which  he  nearly  expired  of  fever  and 
exhaustion,  funds  and  missionaries  were  sent,  and  the 
following  missions  built  in  quick  succession:  San  Juan 
Capistrano,  San  Francisco  de  Assisi,  Santa  Clara,  San 
Bueneventura,  Santa  Barbara,  La  Purissima,  Santa  Cruz, 
Soledad,  San  Jose,  San  Juan  Bautista,  San  Miguel,  San 
Fernando,  San  Luis  Rey,  and  Santa  Inez.  These  missions, 
with  their  barracks,  factories,  and  rancherias  for  the 
neophytes,  were  about  thirty  miles,  or  one  day's  ride, 
apart.  The  spots  chosen  were  as  far  as  possible  from  the 
mountains  on  either  side  of  the  long  valleys,  and  a  con- 
stant lookout  was  maintained  by  sentries  for  hostile  In- 
dians. The  churches  were  humble  in  the  beginning,  but 
were  gradually  replaced  by  large  buildings  of  adobe, 
painted  white,  the  roofs  covered  with  bright-red  tiles,  and 

28 


SANTA    BARBARA    MISSION — FOUNDEU    I  786 


SAN    GABRIEL    MISSION    (FIRST   GOLD   FOUND   IN    1842) 


THE    MISSION    PADRES 

were,  for  the  most  part,  of  Moorish  architectiire.  There 
was  a  long  corridor  before  the  living-rooms  and  facing  the 
plaza,  or  courtyard,  and  under  its  sheltering  roof  a  friar 
might  tell  his  beads  and  meditate  upon  the  hopeless 
Indian ;  few  being  as  unremittingly  enthusiastic  as  Father 
Serra. 

The  chain  of  missions  beginning  at  San  Diego  on  the  south 
finished  for  many  years  at  San  Francisco,  the  bay  being 
then  an  insurmountable  obstacle  to  further  progress.  A 
road  was  gradually  beaten  out  between  the  establishments, 
and  the  chance  traveler  was  always  sure  of  a  welcome,  a 
good  bed,  and  a  far  better  meal.  Each  was  a  hive  of 
industry,  for  the  Indians  worked  if  the  padres  stood  over 
them,  and  they  had  learned  how  to  make  cakes  of  choco- 
late and  other  delicacies,  to  till  the  soil,  to  turn  the  grape 
into  wine  and  the  wheat  into  fine  bread.  A  sheep  or  a 
beef  was  always  killed  in  honor  of  the  guest ;  he  was  in- 
vited to  remain  as  long  as  he  pleased,  and  sent  on  his  way 
with  a  fresh  horse.  No  questions  were  asked,  but  he  was 
expected  to  attend  mass.  For  the  visitors  soon  ceased  to 
be  merely  priests.  Many  explorers  cast  anchor  in  the 
bays — La  Perouse,  Vancouver,  Puget,  Duflot  de  Mofras 
are  the  most  celebrated — sailors  deserted  ships,  and  set- 
tlers had  been  encouraged  to  emigrate  from  Mexico  at 
once.  These  came  by  every  packet-boat — ^which,  to  be 
sure,  was  not  often! — and  they  were  given  small  farms 
near  the  presidios  and  furnished  with  two  cows,  two 
sheep,  two  goats,  a  mule,  farming-implements,  and  a  yoke 
of  oxen.  Those  that  settled  at  the  pueblos  (towns), 
founded  in  due  course  at  San  Jose  and  Los  Angeles,  were 
treated  with  even  more  paternalism,  for  the  central  gov- 
ernment was  anxious  that  these  and  other  pueblos  should 

29 


CALIFORNIA 

grow  and  flourish.  Houses  were  built  for  each  inhabitant, 
his  farm  and  orchard  staked  off  and  his  irrigation  ditches 
dug.  In  addition  he  was  stocked  as  generously  as  the 
farmer.  Little  can  be  said  for  these  first  settlers.  Some 
were  convicts,  and  all  were  idle  and  dissipated.  The  fine 
old  Spanish-California  families  are  descended,  not  from 
them,  but  from  the  officers  that  protected  the  missions. 
Many  of  these  sent  for  their  families  and  in  course  of  time 
— although  bitterly  opposed  by  the  priests — obtained 
large  grants  of  land  and  became  the  great  ranchers  of 
California's  pastoral  era;  sometimes  the  younger  officers, 
hastening  eagerly  to  the  City  of  Mexico,  when  their  term 
of  duty  expired,  returned  by  the  next  packet-boat,  ac- 
companied by  their  brides,  and  settled  in  a  country  which 
even  then  seems  to  have  exercised  a  curious  fascination. 
There  was  little  to  do,  an  abundance  of  game  and  every 
other  delicacy  that  cost  nothing,  sunshine  for  eight  months 
of  the  year,  a  climate  electric  in  the  north  and  soporific 
in  the  south,  and  not  too  much  discipline — save  at  the 
missions. 

Padre  Serra,  in  spite  of  his  increasing  ills  and  feebleness, 
spent  much  of  his  time  visiting  his  long  chain  of  missions. 
He  was  granted  the  right  to  confirm  by  a  special  edict, 
there  being  no  bishop  in  the  coimtry,  and  month  after 
month,  year  after  year,  he  traveled  over  those  terrible 
roads,  choked  with  dust  in  stimmer,  knee-deep  in  mud  in 
winter,  making  sure  that  his  idle,  thieving,  stupid,  but 
affectionate  Indians  would  pass  the  portals  of  heaven. 
A  motorist  skimming  up  and  down  El  Camino  Real  to-day 
would  stare  hard  at  the  vision  of  a  shnmken  figure  in  a 
brown  habit,  with  a  shining  face  above,  plodding  along  on 
a  mule,  his  body-guard  of  soldiers  a  few  respectful  paces 

30 


THE    MISSION    PADRES 

behind.  There  was  not  an  inch  of  that  long  road  between 
San  Diego  and  Dolores,  nor  any  trail  that  led  from  it,  that 
was  not  as  familiar  to  him  as  to  the  pleasiire-seekers  of 
to-day. 

The  missions,  after  an  interval  of  warfare  with  the  more 
aggressive  and  unfriendly  tribes,  in  which  they  lost  both 
priests  and  soldiers,  settled  down  to  a  long  period  of 
simple  peace  and  prosperity.  Immense  fields  of  grain 
were  cultivated,  vineyards  were  planted,  and  wine  was 
made;  the  women  were  taught  weaving  and  spinning,  all 
fruits  and  vegetables  seemed  to  flourish,  and  the  horses 
and  cattle  and  sheep  multiplied  in  the  land.  That  long 
chain  of  snow-white  red-tiled  missions,  hedged  with  Cas- 
tilian  roses,  surrounded  by  olive-orchards,  whose  leaves 
were  silver  in  the  sim,  orange-groves  heavy  with  golden 
fruit,  the  vast  sweep  of  shimmering  grain-fields  broken  by 
stately  oaks,  winding  rivers  set  close  with  the  tall  pale 
cottonwoods,  lakes  with  the  long  branches  of  willows 
trailing  over  the  surface ;  bounded  by  forest  and  mountain 
and  sea,  and  not  a  city  to  break  the  harmony,  must  have 
been  the  fairest  sight  in  the  modern  world. 

But  there  was  another  side  to  the  picture.  Father 
Serra  and  the  other  devoted  priests  who  were  willing  to 
give  their  lives  to  the  saving  of  heathen  souls  were  terrific 
disciplinarians.  It  was  not  only  their  mission  to  convert 
and  save  at  any  price,  but  to  use  these  instruments  God 
had  given  them  to  insure  the  wealth  and  perfection  of 
their  establishments.  Haussmann  took  no  more  pride  in 
rebuilding  Paris  nor  Ludvig  I.  in  modern  Mimich  than 
these  clever  priests,  exiled  to  the  wilderness,  but  educated 
in  Madrid  or  the  City  of  Mexico,  in  their  beautiful  adobe 
missions,  some  severely  plain,  others  sculptured,  but  all 

3  31 


CALIFORNIA 

symmetrical  and  built  by  their  brains  with  Indian  hands. 
It  is  to  be  confessed  that  the  hands  had  a  sorry  time  of  it. 
Father  Serra  had  no  cruelty  in  hirn,  but  many  of  the 
other  priests  in  their  pious  zeal  developed  more  than  was 
good  for  either  the  soul  or  body  of  the  neophyte.  It  was 
after  Serra's  death,  and  while  Lausen  was  president  of 
the  missions,  that  La  Perouse  visited  California.  He  wrot^ 
the  story  of  his  voyages,  and  as  follows  of  Monterey: 

The  Indian  population  of  San  Carlos  consisted  of  seven  hundred  and 
forty  persons  of  both  sexes,  including  children.  They  lived  in  some 
fifty  miserable  huts  near  the  church,  composed  of  stakes  stuck  in  the 
ground  a  few  inches  apart  and  bent  over  at  the  top  so  as  to  form  oven- 
shaped  structures,  some  six  feet  in  diameter  and  the  same  jn  height, 
and  illy  thatched  with  straw.  In  such  habitations  as  these,  closely 
packed  together  at  night,  they  preferred  to  live  rather  than  in  houses 
such  as  the  Spanish  built,  alleging  that  they  loved  the  open  air  which 
had  free  access  to  them,  and  that  when  the  huts  became  uncomfortable 
on  account  of  fleas  and  other  vermin  they  could  easily  bum  them  down 
and  in  a  few  hours  build  new  ones.  The  condition  of  the  neophyte 
was  that  of  abject  slavery.  The  moment  an  Indian  allowed  himself 
to  be  baptized  that  moment  he  relinquished  every  particle  of  liberty 
and  subjected  himself,  body  and  soul,  to  a  tyranny  from  which  there 
was  no  escape.  The  Church  then  claimed  as  its  own  himself,  his  labor, 
his  creed,  and  his  obedience,  and  enforced  its  claims  with  the  strong 
hand  of  power.  His  going  forth  and  his  returning  were  prescribed; 
his  hours  of  toil  and  his  prayers  fixed;  the  time  of  his  meals  and  his 
sleep  prearranged.  If  he  ran  away  and  attempted  to  regain  his 
native  independence  he  was  hunted  down  by  the  soldiers,  brought 
back,  and  lashed  into  submission.  His  spirit,  if  he  ever  had  any, 
was  entirely  broken,  so  much  so  that  in  a  short  while  after  the  estab- 
lishment of  a  mission  anything  like  resistance  was  almost  unknown, 
and  its  three  or  four  hundred  or  a  thousand  neophytes  were  driven  to 
their  labors  by  three  or  four  soldiers  like  so  many  cattle.  .  .  .  They 
were  roused  with  the  sun  and  collected  in  the  church  for  prayers  and 
mass.  These  lasted  an  hour.  During  this  time  three  large  boilers 
were  set  on  the  fire  for  cooking  a  kind  of  porridge,  called  atole,  consist- 
ing of  a  mixture  of  barley,  which  had  first  been  roasted  and  then 
pounded  or  ground  with  great  labor  by  the  Indian  women  into  a  sort 
of  meal,  with  water.  .  .  .  Three-quarters  of  an  hour  were  allowed  for 

32 


THE   MISSION    PADRES 

breaMast.  Immediately  after  it  was  over  all  the  neophytes,  men  and 
women,  were  obliged  to  go  to  work,  either  tilling  the  ground,  laboring 
in  the  shops,  gathering  or  preparing  food,  as  might  be  ordered  by  the 
missionaries,  under  whose  eyes,  or  the  eyes  of  other  taskmasters 
appointed  by  them,  all  the  operations  were  performed.  At  noon  the 
church-bells  announced  the  time  for  dinner.  ...  At  about  two  o'clock 
the  Indians  were  obliged  to  return  to  their  labors  and  continue  until 
about  five,  when  they  were  again  collected  in  the  church  for  an  hour 
of  evening  prayers.  They  lived  on  porridge,  but  on  rare  occasions 
meat  was  given  them  in  small  quantities.  This  was  eaten  raw. 
When  a  cow  was  slaughtered  the  poor  wretches  who  were  not  at  work 
would  gather  round  like  hungry  ravens,  devouring  with  their  eyes 
what  they  dare  not  touch  with  their  hands,  and  keeping  up  a  croaking 
of  desire  as  the  parts  for  which  they  had  the  greatest  avidity  were 
exposed  in  the  process  of  dressing. ...  In  rainy  weather  they  were  kept 
as  hard  at  work  indoors,  and  on  Sundays,  although  they  were  allowed 
an  hour  or  two  of  games,  they  were  driven  for  the  most  part  into  the 
church  to  pray. 

Other  travelers  Were  horrified  at  the  conversion,  not  so 
much  of  the  heathen  to  Catholicism  as  of  a  race  inde- 
pendent  for  centuries  into  unhappy  machines;  and  there 
is  no  doubt  that  many  of  the  instances  of  reported  cruelty 
are  true.  But  it  must  bo  remembered  that  this  was  in  a 
day  when  more  enlightened  nations  than  Spain  were  buy- 
ing and  selling  slaves,  whipping  them,  and  separating 
them  from  their  families.  Even  the  white  underdog  had 
not  learned  to  raise  his  head,  and  schoolmasters  and 
parents  all  over  the  world  used  the  rod  unsparingly.  The 
Spanish  priests  had  come  to  the  wilderness  not  only  to 
save  souls,  but  to  do  their  share  in  welding  California  to 
the  crown  of  Spain.  Moreover,  no  nation  that  brings  its 
children  up  in  the  bull-ring  can  be  otherwise  than  cruel, 
or  callous  at  the  best.  These  savages  were  the  only 
instruments  an  all-wise  Providence  had  deposited  in  Cali- 
fornia for  the  priests  to  use  in  the  performance  of  their 
task,  and  they  used  them.     If  the  instruments  had  to  be 

33 


CALIFORNIA 

remade,  even  by  the  process  of  fire,  why  not,  if  it  were  to 
the  glory  of  God  and  the  King  of  Spain? 

There  is  no  question  of  their  pious  zeal.  And  all  for 
naught.  Never  were  devoted  services  in  the  Garden  of  the 
Lord  more  futile.  Brainless,  little  higher  in  the  scale  of 
life  than  the  wild  beasts  of  their  plains  and  forests,  these 
native  Indians  of  California,  so  aptly  renamed  "Diggers" 
at  a  later  date  by  the  American,  did  not  rise  one  step  in  the 
scale  of  civilization.  Further  enervated  by  diseases  in- 
troduced by  the  Spanish  soldiers,  and  reduced  almost 
seventy-five  per  cent,  by  the  ravages  of  smallpox,  while 
still  under  the  sway  of  the  missions,  they  relapsed  into 
savagery  as  soon  as  the  priests  were  shorn  of  their  power; 
meaner  objects  than  before,  for  they  had  lost  their  an- 
cient independence.  It  may  be  argued  against  the  padres 
that  the  results  of  modern  methods  in  California  show 
that  a  certain  amount  of  intelligence  and  character  in  the 
Indian  can  be  developed  by  education  and  kindness. 
Even  so  he  is  far  below  any  white  standard,  and  there  is 
no  evidence  of  modern  or  any  sort  of  civilization  in  his 
villages.  He  merely  has  the  benefit  of  what  he  can 
assimilate  from  a  more  enlightened  era,  an  era  of  which 
the  priests  of  Spain  had  no  vision;  nor  would  have 
treated  with  aught  but  scorn  and  contempt  had  it  been 
interpreted  to  them  by  an  oracle.  God  made  the  poor 
to  toil  for  the  rich,  the  weak  to  be  oppressed  by  the  strong, 
and,  as  both  were  put  upon  the  earth  to  glorify  Him, 
why  not? 

Padre  Serra  loved  them  all,  individually  and  collectively, 
being  not  a  priest,'but  a  saint.  He  saw  nothing  of  their 
ugly  squat  bodies  and  stupid  faces,  only  the  soul  within, 
which,  of  course,  he  never  guessed  was  but  a  projection 

34 


THE    MISSION    PADRES 

from  his  own  radiant  and  supernormal  ego.  He  died  at 
the  Mission  of  Carmel,  August  28,  1784,  full  of  years  and 
honors  and  bodily  sores,  and  was  buried  under  the  floor 
of  the  church  he  loved  best — the  chiurch  in  the  Mission 
de  San  Carlos  del  Rio  Carmel.  It  became  in  due  course  a 
magnificent  ruin,  with  an  owl-haunted  belfry,  and  the 
weeds  grew  over  his  grave,  and  all  the  tombs  were  broken. 
But  it  is  now  restored  and  quite  hideous. 

Father  Fr.  Junipero  Serra  may  have  failed  to  reap  the 
great  harvest  of  Indian  soiils  he  had  baptized  with  such 
gratitude  and  exultation,  and  that  consoled  him  for  all 
his  afflictions,  but  he  lifted  California  from  the  imread 
pages  of  geological  history  and  placed  it  on  the  modern 
map.     I  wonder  what  he  thinks  of  it. 


Ill 

THE  SPANISH   GOVERNORS — I 

Charles  III.  had  not  a  suspicion  of  the  gold  that 
lacquered  the  Sierra  canons  and  spangled  the  beds  of  the 
rivers,  but  it  was  the  policy  of  Spain  to  add  land  and  more 
land  to  her  American  dominions,  and  so  recover,  if  possible, 
the  power  and  prestige  she  had  lost  in  Europe.  There  is 
no  doubt  that  this  far-sighted  ruler  purposed  to  encroach 
upon  as  much  of  the  American  continent  as  his  soldiers 
could  hold  and  his  missionaries  civilize.  This,  it  must  be 
remembered,  was  during  the  last  third  of  the  eighteenth 
century;  the  English  and  French  were  on  the  far  eastern 
rim,  curving  north  and  south;  Vancouver  had  not  yet 
visited  the  northwest,  nor  is  it  likely  that  an  echo  of  the 
rising  storm  of  "American"  discontent  had  reached  the 
Spanish  king.  What  we  now  call  Texas,  New  Mexico, 
Arizona,  Utah,  Nevada  already  had  been  invaded  by  the 
Spaniards  from  their  central  stronghold,  Mexico;  no 
doubt,  like  the  great  Russian,  Rezanov,  after  him,  Charles 
dreamed  of  a  new  American  empire  that  should  extend 
as  far  as  the  Rocky  Mountains,  at  least,  and  farther  still, 
mayhap. 

Portola  was  succeeded  as  governor  of  the  Calif  omias  by 
Felipe  de  Barri  in  1771 ;  and  if  he  possessed  even  as  much 
personality  as  Don  Caspar  it  has  not  come  down  to  us 
through  those  early  meager  pages  of  California  history. 

36 


THE    SPANISH    GOVERNORS  — I 

His  short  administration  was  distinguished  chiefly  by- 
rows  with  the  missionaries  over  the  vexed  question  of 
supremacy.  Portola,  ahhough  a  strict  discipHnarian  in 
the  army,  had  too  much  respect  for  the  president  to  inter- 
fere with  the  missions,  but  Barri  aspired  to  be  lord  of  all 
this  vast  domain,  with  the  priests  as  his  humble  subjects. 
He  was  routed  by  Father  Serra,  although  the  friction  con- 
tinued. The  chief  weapon  in  the  missionaries'  moral 
armory,  and  one  they  never  failed  to  flourish,  was  the 
avowed  purpose  of  Spain  to  annex  the  Californias  solely 
for  the  glory  of  God  and  the  redemption  of  heathen  souls. 
The  military  was  sent  along  merely  to  protect  the  mis- 
sions; and  the  civil  administrations  necessary  to  pueblos 
were  even  more  incidental. 

It  was  during  the  administration  of  the  third  governor, 
Filipe  de  Neve,  although  while  he  was  still  detained  in 
Baja  California,  that  the  presidio  of  San  Francisco  and 
the  neighboring  mission  were  founded.  During  the 
previous  year,  1775,  Bucareli,  the  enlightened  Viceroy  of 
Mexico,  had  sent  Juan  de  Ayala,  Lieutenant  of  Frigate  of 
the  Royal  Navy,  to  survey  the  Bay  of  San  Francisco. 
This  was  done,  not  because  even  he  realized  its  strategical 
importance,  but  to  gratify  Father  Serra,  who  had  long 
importuned  him  for  means  to  establish  a  mission  at  a 
point  hallowed  by  the  name  of  the  patron  saint  of  Cali- 
fornia. 

Ayala,  the  first  white  man,  so  far  as  is  known,  to  sail 
through  the  Golden  Gate,  arrived  in  the  Gulf  cf  the 
Farallones  on  August  5th,  and  sent  a  launch  ahead  to 
navigate  the  straits.  He  followed  on  the  same  evening 
in  his  packet-boat,  the  San  Carlos,  and  navigated  the  bay 
as  thoroughly  as  one  might  in  those  days.     He  also  named 

37 


CALIFORNIA 

the  islands — ^Alcatraz  and  Nuestra  Senora  de  los  Angeles 
(Angel  Island).  In  the  following  year,  while  men  of 
English  birth  at  the  other  end  of  the  continent  were  filling 
the  land  with  the  clamor  of  liberty  bells,  the  peninsula 
of  San  Francisco  wrote  her  own  first  chapter  in  modern 
history.  To  the  terrific  cataclysms  of  the  geological  cen- 
turies had  succeeded  the  camp-fires  and  dances  and 
lazily  gliding  canoes  of  Indians ;  nothing  more  momentous 
enlivening  the  shores  of  the  bay  on  any  side  than  a  war- 
dance  or  a  battle  between  rival  tribes.  But  now  there 
were  to  be  forts  on  her  heights  and  a  fine  presidio  not  far 
from  the  beach,  officers  strutting  about  in  uniform, 
parades,  love-making  at  grated  windows,  and  cock- 
fights. It  was  not  a  change  that  threatened  the  peace  of 
the  world,  but  it  marked  the  end  of  the  prehistoric  era 
and  the  embarcation  of  San  Francisco  upon  her  changeful 
seas. 

A  league  to  the  south  the  Mission  of  St.  Francis  d'Assisi 
was  founded,  to  be  known  almost  at  once  from  the  lake 
on  which  it  stood,  as  the  Mission  Dolores.  It  had  been 
the  intention  of  Captain  Anza,  who  had  charge  of  the 
expedition,  to  found  a  pueblo  close  by,  but  the  settlers 
whom  he  brought  with  him  had  just  sufficient  intelligence 
to  see  no  prospect  of  farming  sand-dunes.  Governor 
Neve,  when  he  arrived,  sent  Lieutenant  Moraga  to  con- 
duct them  down  to  the  Mission  of  Santa  Clara,  and  the 
pueblo  of  San  Jose  was  founded.  The  padres,  however, 
appropriated  many  hundreds  of  acres  to  the  south  of 
Dolores,  and  this  mission  soon  became  almost  as  flourish- 
ing as  the  others. 

Governor  Neve  also  founded  the  pueblo  of  Los  Angeles, 
and  he  composed  a  code  of  legislation  (Reglamento)  for 

38 


THE    SPANISH    GOVERNORS  — I 

both  presidios  and  pueblos,  so  minute  and  so  far-seeing 
that  it  would  serve  them  did  they  ever  attain  to  the 
growth  of  large  cities.  But  he  was  too  big  a  man  for  a 
mere  province,  and  was  soon  recalled  to  the  City  of  Mexico 
with  high  honors.  The  missionaries  saw  him  go  with  no 
regret.  He  disliked  them  intensely  and  did  not  hesitate 
to  tell  them  that  their  policy  of  repression  and  cruelty 
was  both  imwarranted  and  short-sighted. 

Pedro  Pages  succeeded  him.  He  was  one  of  the  pio- 
neers, and  had  accompanied  Portola  on  that  first  futile 
expedition  in  search  of  the  Bay  of  Monterey.  He  was  a 
man  of  enterprise  and  industry  and  high  in  favor  with  the 
Viceroy  and  the  Visitador-general.  He  was  also  a  favorite 
of  Father  Serra,  but  he  disliked  the  missionaries  in  general 
and  resented  their  power. 

Pages  had  the  ability  to  rule  as  well  as  the  instinct,  and 
if  he  could  not  force  the  missionaries  to  their  knees  he 
managed  to  make  them  feel  the  weight  of  his  authority. 
He  got  a  law  passed  that  no  one  should  leave  the  Cali- 
fomias  without  the  consent  of  the  governor.  The  priests 
had  been  in  the  habit  of  nmning  over  to  Mexico  to 
refresh  their  souls  with  civilization  and  the  holy  conversa- 
tion of  the  College  San  Pemando.  The  new  law  emanated 
from  the  City  of  Mexico,  and,  although  the  priests  gnashed 
their  teeth  and  hated  Pages,  they  were  helpless.  Cali- 
fornia in  those  days  was  pastoral,  but  not  too  pastoral. 

He  also  curbed  the  immorality  of  the  soldiers,  and 
encouraged  them  to  marry  the  neophyte  girls,  settle 
down,  and  become  the  real  pioneers  of  the  country.  He 
seems  to  have  been  the  first  to  punish  horse-stealing  and 
to  interfere  with  the  excessive  sale  and  consumption  of 
liquor.     The  eight  years  of  his  administration  were  spent 

39 


CALIFORNIA 

either  in  reforms  or  in  enforcing  the  original  laws,  and 
he  took  an  equal  interest  in  the  domestic  affairs  of  the 
colonists,  settling  their  quarrels,  prodding  them  to  their 
work,  berating  and  encouraging  them. 

But  he  had  his  match  at  home,  and  his  own  domestic 
affairs  were  the  talk  of  California.  His  servants  whis- 
pered the  secrets  of  the  gubernatorial  household  to  the 
"wash-tub  mail" — the  women  that  washed  in  the  stone 
tubs  sunken  in  the  ground  near  a  convenient  spring  or 
creek — and  they  told  other  servants,  who  told  their  ladies, 
who  wrote  to  other  ladies  at  other  presidios.  Society  was 
barely  out  of  its  shell  in  those  days,  and  that  first  dish  of 
gossip  must  have  been  a  godsend. 

The  Sefiora  Pages  has  the  honor  to  be  the  first  woman 
named  in  the  history  of  California.  If  wives  and  daughters 
accompanied  the  previous  governors  and  their  officers 
they  were  too  meek  to  win  mention  in  the  records,  but  the 
helpmate  of  Pages  was  an  individual  if  not  an  angel. 
As  it  is  not  possible  that  she  was  with  her  husband  during 
that  first  expedition  into  unknown  territory,  this  lady  of 
high  degree,  and  consequence  in  the  City  of  Mexico,  must 
have  had  the  courage  to  take  the  long  and  hazardous 
journey  with  a  child  and  a  retinue  of  ignorant  peon  ser- 
vants, practically  alone.  But  that  same  spirit  made  her 
too  mettlesome  for  the  hearthstone.  And  brave  and 
hardy  as  she  was,  she  abominated  the  rough  presidio  life 
that  awaited  her  at  Monterey.  No  doubt  she  had  read 
Montalvo  and  dreamed  her  dreams. 

To  be  sure,  the  missionaries  and  settlers  were  cultivating 
the  fields,  and  her  table  was  loaded  with  delicate  fish  and 
luscious  fruits,  venison,  fowl,  and  bear-steak;  there  were 
pine  woods  on  the  hills  where  she  and  the  officers*  ladies 


THE    SPANISH   GOVERNORS— I 

could  roam  and  talk  of  the  City  of  Mexico,  and  look  at 
whales,  spouting  iridescent  geysers  in  the  bay,  a  bay  as 
blue  as  the  vice-reine's  sapphires,  and  curving  to  silver 
sands;  she  could  thrill  at  the  whoops  of  unbaptized  In- 
dians prowling  round  the  stockade  at  night ;  and  on  Sun- 
day, after  mass,  she  could  attire  herself  in  a  flowered  gown, 
drape  her  handsome  head  in  a  mantilla,  and,  coquettishly 
wielding  a  fan  from  Madrid,  sit  on  the  corridor  surrounded 
by  gallant  officers  and  watch  a  bull  fight  a  bear  in  the 
plaza;  and  there  were  festas  aplenty  at  the  missions.  But, 
although  everybody  seems  to  have  worked  himself  to  the 
bone  to  please  her,  there  was  no  peace  in  the  governor's 
mansion — which  she  called  an  adobe  hovel.  She  wanted 
the  pleasures  and  excitements  of  the  City  of  Mexico ;  and, 
as  the  governor  could  not  import  them  and  would  not 
return,  neither  he  nor  all  his  minions  could  smooth  her 
brow  nor  curb  her  tongue.  The  padres,  called  in  by  the 
unhappy  governor,  talked  to  her  of  the  consolations  of 
the  Church,  and  were  treated  with  high  disdain. 

Exhausting  her  resources  in  other  directions,  she  pre- 
tended to  be  jealous  of  her  husband,  that  stern  dispenser 
of  stocks  and  stripes  to  amorous  soldiers.  In  her  deter- 
mination to  amuse  herself  with  a  scandal  she  became  a 
scandal  herself,  for  she  hurled  her  wrongs  into  the  public 
ear,  which  expanded  to  twice  its  natural  size. 

Once  more  the  distracted  Pages  appealed  to  the  priests, 
and  this  time  they  entered  her  sala  with  the  authority  of 
the  Church  and  threatened  her  with  handcuffs  and  a 
sound  whipping.  Her  silvery  laughter  could  be  heard  all 
over  the  presidio.  Well  she  knew  that  never  would  they 
dare  to  put  such  an  indignity  upon  the  Senora  Goberna- 
dora,  even  though  she  belonged  to  that  sex  held  in  such 

41 


CALIFORNIA 

casual  regard  by  the  men  of  her  race.  The  padres  gave 
her  up,  and  Capt.  Nicolas  Soler,  first  in  military  command, 
was  next  called  in.  Soler  was  not  only  a  disciplinarian  of 
the  first  water,  but  diplomatic  and  resourceful.  He  began 
by  upbraiding  her  furiously,  telling  her  that  she  was  a  keg 
of  gimpowder  full  of  sparks  which  sooner  or  later  would 
blow  up  California  and  lower  the  prestige  of  Spain  in  the 
eyes  of  the  world.  This  flattered  her,  and  she  applied  her- 
self to  calming  the  indignant  officer,  who  in  turn  wheedled 
her.  Perhaps  her  mood  of  revolt  had  worn  itself  out ;  in 
\  this  more  enlightened  era  it  would  seem  that  the  poor 
exiled  lady  was  merely  suffering  from  nerves  and  idleness. 
She  settled  down  finally  into  the  leader  of  fashion,  not 
only  for  Monterey,  but  for  those  growing  pueblos,  San 
Jose  and  Los  Angeles,  and  for  the  other  presidios.  Her 
maiden  name  was  Eulalia  Challis,  and  she  deserves  fame 
as  the  first  woman  of  California  to  assert  her  rights 
and  stand  upon  them,  albeit  her  methods  were  a  bit 
old-fashioned.  Peace  was  restored  in  the  gubernatorial 
mansion  by  the  unconditional  stu-render  of  the  governor 
himself.  Every  packet-boat  until  the  end  of  the  Pages 
administration  in  1790  brought  her  gowns  and  mantillas, 
guitars  and  fans,  music  and  candelabra  from  the  City  of 
Mexico.  But  all  breathed  more  freely  when  she  left ;  and 
so,  no  doubt,  did  she. 

Dofia  Josefa  Romeau,  whose  husband  succeeded  Pages, 
had  no  chance  to  display  what  individuality  she  may 
^  have  possessed,  for  she  was  fully  occupied  niursing  a  man 

'  who  was  a  prey  to  insomnia  and  finally  to  tuberculosis. 

He  died  in  1792,  and  Don  Jose  de  Arrillaga  served  as 
Gobernador  interino  for  two  years.  Diego  de  Borica 
received  the  appointment  of  Gobernador  propietario  by  a 

42 


THE    SPANISH    GOVERNORS— I 

royal  order  from  Madrid  in  June,  1793,  but  did  not  arrive 
in  Monterey  until  the  following  year. 

It  was  not  the  fate  that  Diego  de  Borica  would  have 
chosen,  exile  to  the  wilderness  of  the  Califomias,  a  country 
comparatively  uninhabited,  believed  to  be  too  poor  to 
progress  far  beyond  its  present  condition  and  with  no 
society  worthy  the  name. 

Borica  was  the  first  man  of  solid  intellectual  attainments 
to  take  up  his  residence  in  California.  Mexico  was 
already  old  enough  to  have  its  scholars  and  seats  of 
learning,  and  with  these  Borica  had  been  in  close  touch, 
delighting  in  literature  and  controversial  hours.  This  was 
the  more  remarkable  as  he  was  an  active  soldier  and  made 
close  companions  of  his  wife  and  daughter.  It  is  doubt- 
ful if  there  was  even  a  book  of  old  plays  in  California  at 
that  time.  The  priests  had  their  hands  full  educating 
the  Indians  in  religion,  agriculture,  and  manufacturing. 
The  comandantes  of  the  four  presidios — Monterey,  San 
Diego,  Santa  Barbara,  and  San  Francisco — ^found  them- 
selves as  fully  occupied  with  military  duties,  siestas,  flirt- 
ing, bull-fights,  and  cock-fights ;  they  would  have  thought 
it  a  sin  to  waste  time  cultivating  their  minds.  The 
settlers  of  the  pueblos  were  men  that  had  been  failures  at 
home,  and  degenerated  instead  of  developing  any  pioneer 
traits.  California  was  a  veritable  exile  for  an  intellectual 
man.       ^ 

But  Borica,  now  a  man  of  fifty,  was  also  a  soldier.  He 
did  as  he  was  told.  For  a  few  weeks  after  his  arrival  in 
Monterey  he  had  the  consolation  of  the  society  of  two 
explorers  and  men  of  the  world,  George  Vancouver  and 
Peter  Puget,  who  were  anchored  in  the  harbor;  but  even 
before  they  sailed  away  he  had  set  himself  to  work  to 

43 


CALIFORNIA 

improve  conditions  in  general  with  a  zeal  that  never 
flagged  throughout  the  five  years  and  eight  months  of  his 
administration.  He  determined  to  lay  the  comer-stone, 
at  least,  of  a  future  civilization. 

One  of  his  first  measures  after  strengthening  the  forti- 
fications along  the  coast  was  to  reform  the  pueblos.  He 
scolded  the  alcaldes  (the  alcalde  was  an  official  who  com- 
bined several  administrative  offices  in  one  and  finally 
wielded  a  power  that  led  to  great  abuses)  so  vehemently 
and  threatened  them  with  punishments  so  dire  that  there 
was  an  immediate  decrease  in  the  amount  of  liquor  sold 
and  consumed ;  and  the  settlers,  instead  of  spending  their 
time  gambling  and  drinking  and  fighting,  cultivated  their 
fields  with  an  almost  feverish  ardor. 

Knowing  his  sovereign's  desire  that  many  civil  com- 
munities should  flourish  in  the  province,  he  next  tiuned  his 
attention  to  the  founding  of  a  "city"  near  the  present  site 
of  Santa  Cruz.  It  was  laid  out  by  the  one  engineer  in  the 
country,  Alberto  de  Cordoba,  a  young  man  both  able  and 
thorough.  The  city  he  made  on  paper  had  a  church,  fine 
government  buildings,  houses  of  adobe  for  the  colonists 
instead  of  huts  thatched  with  tules  like  those  of  San  Jos6 
and  Los  Angeles.  Nor  was  it  huddled  about  a  plaza; 
it  covered  four  square  leagues  of  land,  with  long  streets 
and  ample  building-lots  and  grants  beyond  for  farms. 
It  was  named  the  Villa  de  Branciforte  in  honor  of  the 
Viceroy  of  New  Spain. 

The  most  favorable  terms  were  offered  to  colonists,  but 
in  spite  of  Borica's  stipulation  that  they  should  include 
not  only  able-bodied  men  and  women,  but  agricultu- 
rists, carpenters,  blacksmiths,  masons,  tailors,  shoemakers, 
tanners,  and  fishermen,  only  seventeen  poverty-stricken, 

44 


THE    SPANISH    GOVERNORS— I 

diseased,  half-naked  emigrants  arrived  by  the  first  ship, 
and  the  subsequent  relays  were  no  better.  Lieutenant 
Moraga,  however,  made  them  work,  and  the  first  crops 
were  good.  But  the  Villa  Branciforte  barely  survived 
Borica's  administration  nor  traveled  far  beyond  Cordoba's 
table.  The  enthusiasm  and  enterprise  of  one  man  cannot 
make  a  city,  and  the  inhabitants  of  Branciforte  were  no 
better  and  little  more  intelligent  than  the  native  Indians. 
No  doubt  they  were  degenerated  half-breeds,  already  de- 
generated at  birth.  In  spite  of  its  beautiful  situation  on 
the  Bay  of  Santa  Cruz  it  disappeared,  while  the  little 
pueblos  of  San  Jose  and  Los  Angeles  climg  to  the  map  and 
are  cities  to-day. 

But  Borica's  chief  and  lasting  work  was  the  schools  he 
founded.  Not  only  was  there  until  his  time  no  teaching 
outside  the  missions  for  the  white  children,  but  the  Indians 
themselves  received  no  more  than  enabled  them  to  under- 
stand the  exhortations  and  orders  of  the  padres.  The 
priests  opposed  him  violently,  but  he  established  secular 
schools  and  installed  the  best  teachers  he  could  find.  He 
also  controlled  to  a  large  extent  the  cruelties  practised  by 
the  priests  on  the  Indians,  which,  since  Father  Serra's  death, 
had  become  a  scandal  in  the  land.  As  long  as  he  remained 
in  California  the  unfortunate  natives  were  not  hunted 
down  like  dogs  if  they  ran  away  nor  lashed  in  the  missions 
until  they  bled.  It  was  during  Borica's  administration 
also  that  the  military  post,  Yerba  Buena,  the  site  of  the 
future  City  of  San  Francisco,  was  founded. 

If  this  enlightened  man  did  not  accomplish  aU  he  strove 
for  he  at  least  managed  to  fill  his  time  during  his  long 
exile,  and  it  is  doubtful  if  he  contemplated  failure  for  a 
moment.     And  he  accomplished  a  great  deal.     Not  only 

45 


CALIFORNIA 

did  he  compel  parents  to  send  their  children  to  his  schools, 
but,  despairing  of  decent  immigrants,  he  ordered  the 
Spanish  families  —  gente  de  razon  —  to  have  their  boys 
taught  the  mechanical  occupations.  To  this  there  was 
much  opposition;  the  best  families  were  all  military  in 
origin,  or  fact,  and  the  blue  in  their  veins  kept  family 
pride  alive  even  in  a  colony.  But  Borica  put  his  foot 
down,  and  the  boys  went  to  work.  The  province  flour- 
ished as  never  before,  for  few  dared  to  be  idle.  The 
fields  and  orchards  yielded  enormous  harvests,  and  there 
were  now  hundreds  of  acres  sown  in  hemp  and  flax. 
Blankets  and  cloth  for  even  the  gente  de  razon  were  woven ; 
and  cattle  and  sheep,  horses  and  mules,  roamed  through 
every  valley  of  the  Coast  Range;  the  great  Central  Valley 
at  this  time  was  almost  unknown. 

If  severe  and  inexorable,  Borica  was  a  just  man.  He 
would  not  permit  natives  to  be  executed,  no  matter  how 
grave  their  offense,  holding  that  their  contact  with 
civilization  was  far  too  recent  to  have  taught  them  the 
laws  of  right  and  wrong  and  the  sacredness  of  human  life. 
No  doubt  he  reflected  also  that  with  the  exception  of 
the  missionaries  and  the  few  officers  of  high  character, 
the  Indians  had  found  little  to  admire  and  emulate  in  the 
ruling  class.  When  they  were  sent  on  errands  to  the 
presidios  and  pueblos  or  ran  away  and  hid  in  them,  their 
associates  were  the  soldiers  and  immigrants,  whose  only 
virtue  was  obedience. 

In  1779  Borica  felt  himself  worn  out  with  his  unremit- 
ting labors  and  asked  to  be  relieved.  His  release  came  in 
January  of  the  following  year,  and  with  his  devoted  fam- 
ily he  returned  at  once  to  Mexico ;  but  not  to  enjoy  the 
society  of  scholars  and  books.    He  died  six  months  later. 


IV 

THE  SPANISH   GOVERNORS — II 

It  was  during  the  administration  of  Don  Jose  de  Arri- 
llaga,  who  succeeded  Borica  as  Gohernador  propietario,  that 
California  set  the  stage  for  her  first  romantic  drama.  To 
the  principals  it  was  real  enough,  but  to  us,  looking  down 
that  long  perspective  to  a  vanished  day,  so  different  from 
our  own,  it  would  seem  as  if  some  great  stage-manager  had 
found  a  sad  and  beautiful  play  and  then  great  actors  to 
perform  it. 

Concha  (christened  Concepcion)  Argiiello  grew  up  in 
the  presidios  of  Santa  Barbara  and  San  Francisco,  her 
father  being  alternately  comandante  of  these  posts. 
Don  Jos6  Arguello  was  not  only  an  able  and  energetic 
officer ;  he  was  so  good  that  he  was  called  el  santo ;  and, 
although  he  had  worked  himself  up  from  the  ranks,  he  had 
married  a  Castilian,  Doiia  Ignacia  Moraga,  and  was  the 
most  eminent  of  his  Majesty's  subjects  in  the  Califomias. 
Although  the  republican  ideas  flourishing  in  the  eastern 
part  of  the  continent  as  well  as  in  France  horrified  him, 
and  he  was  an  uncompromising  monarchist,  he  was  more 
liberal  in  other  respects  than  most  Spaniards  of  any  rank, 
and  permitted  his  daughter  Concha,  a  remarkably  bright 
girl,  to  take  full  advantage  of  the  schools  founded  by 
Borica.  She  was  only  ten  when  the  governor  resigned, 
but  she  had  heard  much  learned  talk  in  his  family;  her 
4  47 


CALIFORNIA 

mind  had  received  a  bent  which  impelled  her  to  read  all 
the  books  in  the  coimtry  that  were  not  under  the  ban 
of  the  priests. 

Although  much  of  her  time  was  spent  in  the  lonely- 
presidio  of  San  Francisco,  she  visited  at  other  presidios 
and  at  many  ranch-houses.  California  was  no  longer  a 
wilderness  in  the  year  1806,  although  far  from  the  climax 
of  that  arcadian  life  so  famous  in  its  history.  The  mis- 
sions, but  thirty  miles  apart,  had  been  the  first  chain  to 
link  that  long  coast  together;  the  ranchers  were  the  next; 
and  the  yoimg  people,  with  their  incessant  desire  to 
dance,  picnic  (merienda),  and  ride  from  one  presidio  and 
ranch  to  the  next  and  then  again  to  the  next,  took  from 
the  coast  valleys  at  least  all  suggestion  of  a  day,  not 
forty  years  before,  when  the  Indians  ruled  the  land. 
Packet-boats  brought  mantillas  and  satins  and  embroid- 
ered shawls  from  Mexico,  silks  for  rebozos  (a  simpler  sub- 
stitute for  the  mantilla)  fans,  laces  for  the  ruffles  of  the 
men,  fine  linen,  high  combs,  gold  chains,  and  books  for  a 
few. 

The  population  of  Alta  California  in  1806  was  about 
twenty-seven  thousand,  of  which  a  little  over  two  thousand 
were  whites.  The  gente  de  razon  consisted  not  only  of  the 
immediate  military  society  and  the  official  members  of 
the  pueblos,  but  of  the  rapidly  increasing  descendants  of 
the  first  officers  and  a  few  soldiers  and  settlers,  the  most 
enterprising  of  whom  had  managed  to  obtain  ranchos  in 
spite  of  the  opposition  of  the  padres.  The  women  of  the 
upper  class  when  not  bearing  children  (which  they  did 
commendably)  had  Httle  to  do  but  oversee  their  numerous 
Indian  servants,  dance,  and  enjoy  the  climate.  Some  of 
the  leading  families  had  large  adobe  houses,  white,  with 

48 


THE   SPANISH   GOVERNORS  — II 

red  tiles,  many  of  them  on  long  irregular  streets  leading 
from  the  presidio;  the  Indians  were  now  too  broken  in 
spirit  to  be  dangerous — save  sporadically  at  long  intervals 
— or  had  fled  to  the  mountains.  They  Hved  in  such  state 
as  was  possible  with  the  accompaniment  of  whitewashed 
walls  and  horsehair  furniture;  and  these  estimable  wom- 
en (about  whom  there  seems  never  to  have  been  a  scan- 
dal) and  such  of  their  lords  as  did  not  gamble  away 
their  grants  and  patrimonies  laid  the  foundation  of  one 
of  the  few  real  aristocracies  in  the  United  States.  Their 
names  will  be  given  later  when  they  enter  California 
history  through  the  door  of  politics. 

Concha,  when  her  fate  sailed  through  the  Golden  Gate 
on  that  April  morning,  1806,  was  only  sixteen,  but  she 
was  a  Spanish  girl,  with  the  early  maturity  of  her  race 
and  a  mind  and  personality  all  her  own.  She  was  La 
favorita  of  her  day,  and  many  men  sang  at  her  grating. 

Even  during  Arrillaga's  first  administration  he  had 
avowed  much  anxiety  over  the  long  strip  of  exposed  coast 
and  the  dilapidated  condition  of  the  presidios.  He  put 
them  in  repair  and  caused  a  fort  to  be  built  near  the 
presidio  and  overlooking  the  Golden  Gate.  This  spot  is 
still  fortified,  and  we  call  it  Fort  Point.  Borica  followed 
up  this  good  work  with  his  usual  ardor,  for  Spain  went  to 
war  with  France  and  believed  herself  to  be  threatened  by 
England.  He  also  had  heavy  artillery  sent  over  from 
Mexico  and  installed  at  all  the  presidios  and  at  Yerba 
Buena.  The  war-cloud  blew  away,  but  the  Californians 
remained  alert  and  were  under  orders  from  the  central 
government  to  do  no  trading  with  foreign  vessels,  nor 
give  them  encouragement  to  remain  in  port. 

Arrillaga,  when  made  Gohernador  propietario,  was  the 

49 


CALIFORNIA 

eighth  of  the  Spanish  governors.  He  found  about  foiu* 
hundred  mfen  in  the  military  establishments  of  the  two 
Califomias,  which  cost  the  government  nearly  a  hundred 
thousand  dollars  a  year.  There  were  thirty-eight  men 
regularly  on  duty  at  San  Francisco,  sixty-five  at  Monterey, 
sixty-one  in  Santa  Barbara  and  San  Diego  respectively, 
and  seventy-one  in  Loreto,  Baja  California.  Don  Jos6 
Arguello  was  chief  of  all  the  forces  in  Alta  California,  a 
great  man  in  his  little  way,  and  enjoying  the  full  con- 
fidence of  the  powers  in  Mexico,  although  for  some  rea- 
son they  never  made  him  Gobernador  propietario  of  the 
Californias.  Little  he  recked  that  he  was  to  emerge 
from  the  dry  pages  of  history  as  the  father  of  his  Concha. 

This  brilliant  Spanish  girl  not  only  had  the  fine  dense 
black  hair  and  flashing  black  eyes  of  the  handsomest  of 
her  race,  but  the  white  skin  so  prized  by  the  blooded  of 
Castile,  and  cheeks  as  pink  as  the  Castilian  roses  that 
grew  about  her  grating.  All  chroniclers  and  travelers 
unite  in  praises  of  her  beauty  and  vivacity,  and  there  is 
no  doubt  that  she  was  high  above  the  common,  this  first 
of  California's  many  beauties,  whose  sad  but  exalted  fate 
has  given  her  a  place  in  history.  It  is  related  by  the 
descendants  of  Don  Jos6  de  la  Guerra,  of  Santa  Barbara, 
in  whose  house  she  lived  for  several  years,  that  in  her 
dark  days  she  wished  to  cut  off  her  eyelashes,  which  at- 
tracted too  much  attention  by  their  extraordinary  length 
and  softness,  but  was  ordered  by  a  sensible  priest  to  do 
nothing  so  foolish  as  to  deprive  her  eyes  of  the  protection 
the  good  God  had  given  them. 

At  the  time  of  Rezanov's  arrival  in  California  her  father 
was  in  command  at  Monterey,  and  his  son,  Don  Luis 
Arguello,  at  the  San  Francisco  presidio.    Luis  was  a  man 

59 


THE    SPANISH    GOVERNORS— II 

of  no  little  independence  and  individuality  himself,  as 
we  shall  see  later.  Concha,  as  well  as  her  mother  and  the 
younger  children,  appear  to  have  remained  as  his  guests. 

Baron  Nicolai  Petrovich  de  Rezanov,  first  Russian 
Ambassador  to  Japan,  and  circumnavigator  of  the  globe, 
a  chamberlain  at  court  and  privy  councilor,  chief  part- 
ner in  the  great  Golikov-Shelikov  fur  company  of  Rus- 
sian America  (Alaska),  author  of  a  charter  that  when 
signed  by  the  Tsar  Paul  made  his  company  as  formidable 
as  a  modern  trust,  a  man  of  great  gifts  and  ambitions  and 
enterprise,  who  had  tired  early  of  court  life  and  become 
one  of  the  most  active  business  men  of  his  time,  had 
spent  the  winter  of  1805-06  in  New  Archangel  (Sitka), 
and  learned  at  first  hand  the  privations  and  sufferings 
of  his  company  diuing  those  long  arctic  months  when 
the  storms  were  incessant  and  there  was  little  or  nothing 
to  eat. 

But  he  heard  also  of  a  California  rich  in  soil  and  climate, 
and  he  made  up  his  mind  to  visit  its  capital  and  establish 
relations  with  the  colony,  which  would  enable  him  to 
obtain  a  yearly  supply  of  cereals  and  other  nourishing 
foodstuffs  for  his  faithful  subjects.  He  bought  a  barque, 
the  Juno,  from  a  Yankee  skipper,  and  its  cargo  of  mer- 
chandise; for  he  wanted  immediate  as  well  as  future  re- 
lief, and  knew  that  it  would  be  useless  to  go  to  California 
empty-handed.  And  then  he  set  sail  to  play  a  part  that 
never  crossed  even  his  ardent  imagination.  He  was 
forty-two  at  this  time.  In  his  youth  he  had  married  a 
daughter  of  the  merchant  Shelikov,  but  she  had  died 
soon  afterward.  His  mind  was  crowded  with  ambitions, 
duties,  and  business;  his  thoughts  turned  seldom  these 
days  to  women. 

51 


CALIFORNIA 

It  was  in  the  month  of  April,  1806,  just  one  hundred 
years  and  six  days  before  the  earthquake  and  fire  of  1906, 
which  might  have  devoured  a  Russian  city  had  this  great 
practical  dreamer  lived  a  few  years  longer,  that  Rez^nov 
sailed  through  the  Golden  Gate  and  into  that  romance 
which  alone  was  to  keep  his  name  alive.  He  was  a  re- 
markably handsome  man,  both  in  stature  and  the  bold 
outline  of  his  rather  cold  and  haughty  face,  towering 
above  the  Califomians,  and  always  wearing  one  or  other 
of  the  superb  uniforms  of  his  rank  and  time.  It  is  no 
wonder  that  there  was  a  face  at  every  grille  on  the  day 
of  his  arrival,  and  a  Castilian  rose  above  every  little  ear 
at  the  ball  that  night. 

He  was  received  with  anxious  hospitality  by  Luis 
Arguello.  Rezanov  was  a  menacing  figure,  but  his  cre- 
dentials were  in  order.  That  night  a  ball  was  given  to 
him  and  to  his  officers  and  guests,  and  Rezanov  devoted 
himself  to  the  beautiful  sister  of  the  comandante.  It 
was  a  long  while  since  the  Russian  had  seen  female  beauty 
of  any  sort ;  and,  although  he  probably  never  had  talked 
to  so  young  a  girl  before,  Concha  was  not  as  other  girls, 
and  attracted  him  as  much  by  her  dignity  and  vivacious 
intelligence  as  by  her  exceptional  beauty.  That  she 
should  lose  her  heart  to  this  superb  and  distinguished 
stranger,  the  first  man  of  the  great  world  she  had  ever 
met,  was  inevitable. 

Whether  Rezanov  would  have  permitted  his  heart  to 
act  independently  of  his  cool  and  calculating  brain,  had 
he  been  able  to  accomplish  his  object  and  sail  away  in  a 
few  days,  no  man  can  tell.  But  he  met  with  unexpected 
obstacles.  It  was  against  the  law  of  the  country  to 
trade  with  foreign  vessels,  and  it  was  not  until  after  the 

52 


THE    SPANISH    GOVERNORS— II 

arrival  of  Governor  Arrillaga  (Rezanov  was  not  permitted 
to  go  to  Monterey)  and  Don  Jose  Arguello  and  long  pow- 
wows with  the  subtle  missionaries  of  Dolores  (whose  in- 
terest Rezanov  had  enlisted  with  diplomatic  presents 
from  his  cargo)  that  they  arrived  at  a  compromise.  There 
must  be  no  trading,  but  Rezanov  could  sell  his  cargo,  and 
with  the  California  money  immediately  buy  a  hold-full 
of  foodstuffs.  So  would  the  loyal  governor's  conscience 
(and  possibly  his  official  head)  be  saved. 

Meanwhile  six  weeks  passed.  Rezanov  saw  Concha 
daily.  He  permitted  himself  to  fall  in  love,  having  made 
up  his  ambitious  mind  that  an  alliance  between  Russian 
America  and  New  Spain  would  be  of  the  greatest  possible 
advantage,  not  only  to  his  starving  company,  but  to  the 
empire  itself.  He  would  take  up  his  residence  in  Cali- 
fornia; little  by  little,  and  then  more  and  more  frequent- 
ly, he  would  welcome  colonists  from  his  own  frozen  land. 
These,  propagating  rapidly  in  the  hospitable  climate  of 
California,  would  soon  outnumber  the  Spanish  (he  heard 
of  the  type  of  colonists  induced  to  emigrate  from  Mexico) ; 
if  necessary,  sudden  hordes  would  descend  from  the  north 
at  the  propitious  moment  and  snatch  the  province  from 
New  Spain,  whose  navy  was  contemptible  and  whose 
capital  was  too  many  arid  leagues  away  to  offer  success- 
ful resistance  by  land.  Nor  was  it  California  alone  that 
Rezanov  desired  for  Russia,  but  the  entire  Pacific  coast 
north  of  San  Diego  and  as  far  inland  as  he  should  find 
it  worth  while  to  penetrate. 

There  was  a  terrific  excitement  at  the  presidio  when 
he  asked  Don  Jos6  for  the  hand  of  his  daughter.  In 
spite  of  his  personal  popularity  all  her  family,  save  Luis 
and  Santiago,  and  even  the  priests,  opposed  the  marriage; 

53 


CALIFORNIA. 

being  of  the  Greek  Church,  he  was  a  heretic,  and  not  for 
him  was  a  Catholic  maiden,  particularly  the  daughter 
of  el  santo,  loyal  subject  of  king  and  Church. 

But  it  was  his  personal  quality,  as  well  as  his  offer  to 
go  himself  to  Rome  for  a  dispensation  and  to  Madrid  for 
the  king's  permission,  that  finally  broke  down  their  re- 
sistance. They  even  went  so  far  as  to  permit  a  formal 
betrothal  to  take  place;  and  late  in  May  Rezanov  re- 
luctantly set  sail  to  obtain  not  only  the  consent  of  the 
pope  and  king,  but  of  his  own  sovereign  to  the  marriage, 
which  he  now  desired  with  heart  as  well  as  mind.  Opposi- 
tion, the  fear  that  after  all  he  might  not  win  this  girl,  had 
completed  the  conquest  of  that  imperious  mind  and  ar- 
dent heart.  And  as  bitterly  as  Concha  did  he  resent  the 
two  years  that  must  elapse  imtil  his  return.  Even  com- 
munication might  be  impossible. 

He  sailed  out  of  the  Golden  Gate  filled  with  visions 
not  only  of  a  real  happiness,  despite  his  sadness  and 
resentment,  but  of  a  magnificent  gift  to  his  country,  a 
vast  territory  over  which  he  as  viceroy  should  rule  with 
a  power  as  absolute  as  the  Tsar's  in  Russia.  He  saw  the 
hills  of  San  Francisco  white  with  the  marble  of  palaces 
and  gay  with  bazars,  flashing  with  the  golden  roofs  and 
crosses  that  had  made  the  fame  of  Moscow — cupolas, 
spires,  lofty  towers  with  bulbous  domes !  And  about  this 
wonderful  bay,  which  he  had  had  the  wit  to  appre- 
ciate at  a  glance,  a  line  of  bristling  forts,  villas  between, 
painted  with  the  bright  colors  of  Italy,  and  set  in  gar- 
dens sweet  with  Castilian  roses.  He  was  a  great  and 
practical  dreamer,  as  the  historians  of  his  country  testi- 
fied after  his  untimely  death ;  but  the  Fates  were  on  the 
side  of  the  Americans,  as  usual,  and  they  had  willed  that 

54 


THE    SPANISH    GOVERNORS— II 

in  the  history  of  Cahfornia  his  name  was  to  shine  not  as 
a  conqueror,  but  as  a  lover. 

His  health  had  been  broken  in  Japan,  where  he  had 
been  a  virtual  prisoner  on  his  ship  for  six  months;  and 
there  had  been  no  chance  to  recuperate  during  that  ter- 
rible winter  in  New  Archangel,  where,  like  his  employees, 
he  had  often  gone  himgry.  Perhaps  if  he  had  set  out 
upon  his  long  overland  journey  immediately  upon  his 
arrival  at  New  Archangel,  while  the  weather  was  com- 
paratively mild,  he  might  have  survived.  But  there  he 
lingered  to  strike  a  blow  at  Japan,  and  it  was  October 
before  he  began  that  journey  of  four  months  and  many 
thousands  of  all  but  impassable  miles;  with  never  a 
comfort  and  with  the  most  hideous  privations;  drenched 
often  to  the  skin;  the  infrequent  boat  alternating  thou- 
sands of  miles  on  horseback. 

After  lying  several  times  in  wayside  inns  with  fever, 
he  succumbed  at  Krasnoiarsk,  in  March,  1807,  and  all 
the  fine  fabric  of  his  dreams,  and  the  earthly  happiness 
of  Concha  Argiiello,  lie  under  that  altar-shaped  stone  in 
the  cemetery  of  the  little  Siberian  town. 

Concha  waited  until  definite  news  of  his  death  came  by 
the  slow  way  of  schooners  from  the  north,  and  then  left 
the  world  for  ever  and  devoted  her  life  to  the  care  of  the 
sick  and  the  teaching  of  the  poor;  although  at  one  time 
she  had  a  school  in  Monterey  for  the  daughters  of  the 
aristocracy.  There  was  no  convent  to  enter  for  many 
years,  but  she  wore  the  gray  habit  of  a  "Beata.'*  When 
Bishop  Alemany,  of  the  Dominican  order,  came  to  Cali- 
fornia he  saw  at  once  to  the  building  of  a  convent  in 
Monterey,  and  Concha  was  not  only  its  first  nun,  but 
Mother  Superior.    Another  convent  was  built  some  years 

55 


CALIFORNIA 

later  in  Benicia,  and  she  died  there  at  the  age  of  sixty. 
Practically  all  of  the  women  of  California's  gente  de  razon, 
who  have  died  of  old  age  during  the  past  twenty  years, 
were  educated  by  her,  and,  after  the  convent  moved  to 
Benicia,  the  daughters  of  several  Americans. 

Her  life  until  she  became  a  nun  had  some  variety.  She 
accompanied  her  father  to  Baja  California,  in  1814,  when 
he  was  appointed  Gobernador  propietario  of  that  territory, 
now  dissevered  from  Alta  California,  and  she  was  in 
Mexico  when  her  mother  died.  After  that  she  returned 
to  the  north  and  was  a  guest  at  "Casa  Grande,"  the 
home  of  the  De  la  Guerras  in  Santa  Barbara,  not  ming- 
ling with  the  family,  but  doing  her  part  unostentatiously 
among  the  poor  until  able  to  take  orders. 

Arrillaga  was  an  active  man  of  no  particular  ability, 
and  far  more  friendly  toward  the  missionaries  than  tow- 
ard the  Indians,  who  in  spite  of  the  worm-like  state  to 
which  they  had  been  reduced  sometimes  turned  and  bit 
like  scorpions.  Occasionally  they  murdered  a  priest 
more  than  commonly  hated,  and  more  than  once  they 
plotted  uprisings.  But  there  was  no  uprising  during 
Arrillaga's  times;  and  if  severe,  he  authorized  no  execu- 
tions of  Indian  delinquents. 

He  had  none  of  Borica's  antipathy  to  aguardiente  and 
gambling,  although  a  temperate  man  himself,  and  the 
pueblos  of  San  Jose  and  Los  Angeles,  even  while  increasing 
in  size,  became  a  scandal  for  dissipation  and  idleness  once 
more,  while  the  pretentious  Branciforte  withered  away. 
But  several  notable  events  occurred  during  Arrillaga's 
administration  besides  the  romance  of  Rezanov  and 
Concha  Arguello.  That  great  adventurer's  colossal 
schemes  died  with  him;   but  Baranhov,  manager  of  his 

{6 


THE   SPANISH   GOVERNORS  — n 

company  and  governor  of  Russian  America,  a  man  of 
great  ability,  was  fired  by  Rezanov's  report  of  the  fer- 
tility of  California  and  the  immense  number  of  otters 
and  seals  the  Russians  had  seen  in  the  bay  and  along  the 
coast.  When  news  of  Rezanov's  death  came  he  sent  a 
copy  of  his  report  to  St.  Petersburg,  and  Russia  at  once 
entered  into  negotiations  with  Spain  for  permission  to 
establish  a  colony  on  the  northern  coast  of  California 
"for  the  sole  purpose  of  hunting  the  fur-bearing  animals 
and  curing  their  skins."  These  negotiations  were  brought 
to  a  satisfactory  conclusion  in  1811,  and  early  in  the  fol- 
lowing year  Baranhov  sent  M.  de  Koskov  with  a  hun- 
dred Russians  and  a  hundred  Kodiak  Indians  to  Bodega, 
where  they  established  themselves  and  began  their  himt- 
ing  and  curing.  They  brought  with  them  sealskin 
canoes  called  cayukas,  or  haidarkas,  with  which  they  ex- 
plored the  coasts  and  islands  of  both  arms  of  the  Bay 
of  San  Francisco,  and  all  its  coves  and  creeks  and  sloughs 
and  marshes.  The  Califomians  never  did  get  used  to 
them,  and,  although  there  were  no  conflicts,  there  were 
many  imeasy  reports  from  the  successive  governors  to 
the  Viceroy  of  New  Spain. 

There  were  weeks  when  they  killed  seven  or  eight 
hundred  otters  in  the  Bay  of  San  Francisco  alone.  As 
the  skins  were  worth  from  eighty  to  a  hundred  dollars 
apiece  the  profits  were  enormous.  They  also  framed  and 
succeeded  in  forcing  trade  relations  with  the  Califomians. 
Before  long  they  built  Fort  Ross  on  the  cliffs  of  Sonoma, 
a  square  inclosure  with  round  bastions,  ramparts,  a 
Greek  chapel,  magnificently  furnished,  and  a  substantial 
log  houses  for  the  governor  and  his  staiff.  It  is  a  beauti- 
ful and  lonely  spot,  and  much  romance  is  connected  with 

57 


CALIFORNIA 

it.  The  hills  rise  abruptly  behind  to  a  dense  forest  of 
redwoods,  and  the  gray  Pacific  rolls  its  big  heavy  waves 
to  the  foot  of  the  cliffs,  a  viscid-looking  mass  which  seems 
to  drop  with  its  own  weight.  In  a  little  cemetery  high 
on  one  of  the  hills  and  just  below  the  forest  are  buried 
those  that  died  during  the  Russian  occupation ;  they  are 
in  copper  coffins,  it  is  said,  for  the  Russians  built 
ships  here,  among  other  things.  One  of  the  dead  was 
a  beautiful  guest  of  the  last  governor,  M.  de  Rotschev, 
and  his  wife  Princess  Hel^ne.  One  day  she  discovered 
that  her  lover,  whom  she  believed  to  be  in  Siberia, 
was  in  the  "town,"  the  collection  of  huts  beyond  the 
fort  and  occupied  by  the  laborers  of  the  company. 
That  night  she  met  him  in  a  mill,  also  without  the 
inclosure,  and  they  agreed  to  flee,  and  throw  themselves 
on  the  mercy  of  the  comandante  of  the  presidio  of  San 
Francisco.  The  miller's  son,  whom  she  had  never  seen 
but  who  had  stared  often  at  her,  followed  her  into  the 
mill,  overheard  the  conversation,  and  set  the  machinery 
revolving.  It  caught  the  girl's  hair,  and  she  was 
whirled  upward  and  crushed  to  death.  Her  lover  flung 
himself  over  the  cliffs.  Other  convicts  ran  away  now 
and  again,  carefully  avoiding  the  Mission  San  Fran- 
cisco Solano  (Sonoma),  where  Vallejo  reigned  like  a  king 
and  was  friendly  with  the  Russians  (this,  of  course,  is 
anticipating).  When  they  were  caught  and  brought  back 
they  were  beheaded  at  the  foot  of  the  cliffs  or  put  on  a 
vessel,  which  stood  out  some  distance,  and  then  made  to 
walk  the  plank.  There  is  a  tradition  at  Fort  Ross  that  on 
windy  nights  you  can  hear  the  shrieks  of  the  Russian  girl 
in  the  mill,  and  moans  of  convicts  in  the  process  of  de- 
capitation ;  but,  although  I  once  spent  three  months  in  that 

S8 


THE    SPANISH    GOVERNORS— II 

romantic  spot,  I  am  free  to  say  that  I  heard  nothing. 
The  Russians  remained  imtil  1842,  in  spite  of  many- 
alarms  and  protests,  and  then  they  went  of  their  own 
accord.     The  fur-bearing  animals  were  exhausted. 

Meanwhile  the  missionaries  indulged  in  much  contra- 
band trade  of  otter  and  seal  skins  with  Boston  skippers, 
and  often  under  the  very  nose  of  Arrillaga,  who  was 
violently  opposed  not  only  to  trade  of  any  sort  with 
foreigners,  but  to  the  mere  visits  of  navigators  or  travelers. 
He  had  all  the  narrow  suspicion  of  his  time  and  race,  and 
none  of  the  brains  and  genuine  ability  that  distinguished 
such  men  as  Neve  and  Borica,  to  say  nothing  of  the 
Arguellos.  He  was  the  more  nervous  as  alarming  reports 
came  from  Mexico,  which  was  preparing  to  throw  off  the 
yoke  of  Spain. 

It  was  during  Arrillaga's  administration  that  the  first 
severe  earthquake  of  the  historic  period  occurred  in 
California.  The  walls  of  the  presidio  of  San  Francisco, 
which  were  of  adobe  many  feet  thick  and  reinforced  with 
the  solid  trunks  of  trees,  were  thrown  down,  and  many  of 
the  buildings.  The  mission  over  in  the  valley  suffered 
less,  but  great  damage  was  done  in  the  south. 

Arrillaga  died  in  18 14,  and  Jose  Argiiello  was  Gohernador 
interino  imtil  Don  Vicente  de  Sola,  the  last  of  the  Spanish 
governors,  arrived  in  the  following  year.  Mexico  was 
then  in  arms  against  Spain ;  and,  as  the  revolution  was  un- 
popular in  California,  Sola,  as  the  representative  of  the 
crown,  was  received  in  Monterey  with  unusual  ceremony 
and  rejoicing.  Priests,  acolytes,  distinguished  subjects, 
and  all  officers  that  could  obtain  leave  of  absence 
came  from  the  other  presidios  to  take  part  in  the 
ceremonies,    The  pillars  of  the  "corridor"  surrounding 

59 


CALIFORNIA 

the  plaza  of  the  presidio  were  decorated  with  festoons  of 
evergreens  from  the  woods  on  the  hill  and  hung  with  many 
lamps — Uttle  pots  containing  suet  and  a  wick.  At  dark 
there  was  a  social  function  in  the  presidio ;  and  the  guests, 
men  and  women,  old  and  young,  romped  in  the  courtyard 
or  along  the  corridor,  strummed  the  guitar,  danced  and 
sang;  it  is  not  to  be  imagined  that  there  was  much  con- 
versation in  those  days.  The  capital  held  itself  appre- 
ciably above  the  other  settlements  until  American  occupa- 
tion, and  it  had  already  become  the  fashion  among  the 
women  to  wear  only  white  at  night,  while  the  men  wore 
dove  color,  silver  buckles,  white  silk  stockings,  and  much 
fine  linen  and  lace..  Let  the  cruder  communities  flaunt 
the  cruder  colors,  but  Monterey  prided  itself  upon  its 
elegant  simplicity. 

The  next  morning  high  mass  was  celebrated  in  the 
church  of  the  presidio.  The  padres  wore  their  sacerdotal 
vestments,  and  there  was  a  choir  of  forty  Indians,  all 
dressed  in  gay  colors  and  making  music  on  viols,  violins, 
flutes,  and  drums.  They  accompanied  the  chants  of  the 
priests  in  perfect  tempo.  The  troops,  both  cavalry  and 
artillery,  were  drawn  up  in  front  of  the  church,  which  was 
crowded  with  the  gente  de  razon  of  the  presidios  and 
ranchos;  those  that  could  not  find  entrance  knelt  in  the 
plaza  and  on  the  corridors.  When  the  governor  and  his 
staff  left  the  gubernatorial  mansion  and,  crossing  the 
plaza,  marched  into  the  church,  the  Te  Deum  Ladaumus 
was  assisted  by  salvos  of  musketry  and  cannon. 

The  cavalry  were  drawn  up  immediately  before  the 
entrance.  They  wore  their  sleeveless  bullet-proof  cueras, 
or  jackets  of  buckskin,  trousers  of  dark  cloth,  low- 
crowned  hats  fastened  with  yellow  straps  under  the  chin, 

60 


THE    SPANISH    GOVERNORS— II 

rough  shields  on  their  left  arms  made  from  bull-hides, 
and  lances  in  their  right  hands.  They,  too,  knelt  during 
the  gran  funcion,  but  sprang  to  their  mettlesome  steeds 
the  moment  it  was  over  and  stood  at  attention  while  the 
governor,  followed  by  a  gorgeous  procession  of  padres, 
marched  to  the  flagstaff  in  the  center  of  the  plaza  and 
saluted  the  royal  colors  of  Spain.  The  loyal  demonstra- 
tion from  men  and  women  and  muskets  and  cannon  that 
followed  this  simple  act  on  the  part  of  the  governor  could 
be  heard  at  the  ruins  of  Branciforte  on  the  opposite  side 
of  the  bay. 

A  magnificent  banquet  had  been  prepared  by  the  ladies 
of  the  presidio  of  which  all  guests  were  invited  to  par- 
take. A  troop  of  young  girls,  three  of  whose  names  have 
come  down  to  us — Magdalena  Vallejo,  Magdalena  Estu- 
dillo,  and  Josefina  Estrada,  big  names  in  the  future  his- 
tory of  Old  California — ^led  the  governor  to  it.  It  was  a  day 
festa,  and  the  young  and  slim  wore  skirts  of  fine  muslin 
covered  with  gilt  spangles,  and  colored  jackets,  and  slip- 
pers with  high  wooden  heels  that  clacked  as  they  danced. 
Their  hair  was  gathered  in  a  net  at  the  base  of  the  head 
or  held  high  with  a  tall  comb,  and  all  wore  a  string  of 
Baja  California  pearls. 

The  ceremonies,  religious,  military,  and  social,  lasted 
for  days,  both  at  mission  and  presidio,  and  then  the 
governor  settled  down  to  work.  He  was  the  tenth  and 
last  Spanish  governor  of  the  Califomias,  and  his  rule  was 
short.  He  came  in  1815.  In  1821  the  revolution  was 
successful,  and  Iturbide  Augustin  I,  ascended  the  throne 
to  reign  briefly  as  emperor  of  the  new  and  sovereign 
empire  of  Mexico. 


THE   MEXICAN   GOVERNORS — I 

Luis  Arguello  is  known  informally  as  the  first 
Mexican  governor  of  California,  although  he  never  was 
made  Gobernador  propietario;  possibly  because  he  had 
too  much  individuality  and  independence  to  suit  either 
the  Church  or  the  powers  in  Mexico. 

The  reign  of  Iturbide  was  brief.  He  was  compelled  to 
abdicate  in  1823,  and,  shortly  afterward,  the  republic  was 
proclaimed.  Meanwhile,  Sola  had  been  elected  a  deputy 
to  the  Imperial  Congress,  and  Luis  Arguello  became  Gober- 
nador interino.  The  Califomians  liked  neither  the  em- 
pire nor  the  republic,  but  they  were  far  from  the  seat  of 
trouble;  they  were  an  indolent  race,  and  their  resent- 
ment soon  expired  in  philosophy. 

Luis  Arguello  was  far  more  active  and  enterprising 
than  most  of  his  countrymen;  he  belongs  to  that  small 
band  of  exceptions  in  the  history  of  Old  California  that 
deserved  to  have  been  planted  on  one  of  the  higher  ter- 
races of  civilization.  He  thought  for  himself;  was  never 
dissipated  until  misfortune  and  bitterness  overwhelmed 
him,  and  was  devoted  to  the  military  service. 

The  presidio  of  San  Francisco,  of  which  he  was  co- 
mandante  during  the  administration  of  Sola,  was  in  one 
of  its  most  acute  stages  of  disrepair.  Monterey  was  more 
than  forty  leagues  away,  and  the  governor  much  concerned 

62 


THE    MEXICAN    GOVERNORS— I 

over  prowling  ships  and  pirates  in  the  south.  Luis  made 
up  his  mind  to  put  his  presidio  in  order  without  waiting  for 
the  slow  permission  that  might  or  might  not  come  from 
the  capital.  There  happened  to  be  an  English  carpenter 
in  the  country,  and  he  ordered  him  to  construct  a  launch. 
While  it  was  building  he  sent  soldiers  by  land  to  Corte 
Madeira,  a  point  only  twelve  miles  up  the  bay,  but  near- 
ly two  hundred  by  land,  with  orders  to  cut  down  a  num- 
ber of  redwood-trees.  When  the  launch  was  built  he 
taught  his  peaceful  soldiers  how  to  sail  it,  and  finally  he 
set  out  with  them  across  that  bay  so  beautiful  to  the 
eye,  but  full  of  strong  and  treacherous  currents,  and  sub- 
ject to  sudden  squalls.  The  elements  played  him  every 
trick,  the  boat  was  nearly  swamped,  the  soldiers  refused 
to  do  aught  but  pray.  But  Arguello  kept  his  head,  sailed 
the  boat  to  safety,  and  towed  back  his  timber.  This  feat 
he  performed  several  times,  until  there  were  enough  logs 
to  repair  the  presidio.  But  his  energies  were  abruptly 
checked  by  an  infuriated  governor.  To  this  old  dis- 
ciplinarian, the  most  obedient  of  servants  himself,  it  was 
unthinkable  that  any  soldier  should  presume  to  act  with- 
out the  consent  of  his  superior;  while  to  build  a  launch 
in  these  times  of  trouble  and  revolt  stank  of  high  treason. 
He  sent  a  guard  to  San  Francisco  to  seize  the  launch  and 
bring  it  to  Monterey,  and  ordered  the  young  comandante 
to  the  capital  forthwith. 

Luis  was  too  good  a  disciplinarian  himself  not  to  obey 
orders  without  question,  and  he  set  out  for  Monterey  on 
horseback,  covering,  with  relays,  fifteen  miles  an  hour. 
A  dashing  soldier,  a  reckless  rider,  a  gay  and  handsome 
caballero,  haughty,  amiable,  independent,  but  always 
eager  to  serve  his  country,  and  withal  an  honest  gentle- 

5  63 


CALIFORNIA 

man,  Luis  Argiiello  is  by  far  the  most  interesting  man  in 
Old  California  history  until  Alvarado  comes  upon  the 
scene  many  years  later. 

Barely  stopping  to  rest,  and  injuring  his  leg  from  the 
stumbling  of  his  horse,  he  arrived  in  Monterey,  dusty, 
weary,  and  in  much  pain,  but  indomitable  as  ever.  It 
was  early  morning ;  but,  knowing  the  old  man's  impatient 
temper,  he  hurried  to  the  gubernatorial  mansion,  dis- 
carded his  stick  at  the  door,  and,  supporting  himself  on 
his  naked  sword,  entered  the  presence.  The  governor, 
who  was  drinking  his  morning  chocolate,  scowled  at  the 
tincourtly  figure,  and  without  asking  him  to  sit  down 
growled  out  a  demand  for  an  explanation  of  his  abomi- 
nable breach  of  discipline. 

"It  is  plain  to  all,"  said  Luis,  "that  I  and  my  officers 
and  our  families  are  living  in  decaying  hovels.  Why 
should  I  waste  time  supplicating  the  royal  treasury?  I 
was  quite  capable  of  attending  to  the  matter  myself — 
as  I  have  proved — without  adding  to  your  excellency's 
burdens." 

The  governor,  who  was  always  irascible  in  the  morning, 
gave  a  roar  of  rage  at  this  offhand  reply,  and  seized  the 
staff  with  which  he  so  often  administered  chastisement, 
not  only  to  peons  and  soldiers,  but  to  the  officers  and 
quaking  members  of  the  gubernatorial  family.  But  Luis, 
instead  of  bowing  to  the  storm,  lifted  his  haughty  crest  and 
put  himself  in  an  attitude  of  defense.  It  was  then  that 
the  governor  caught  sight  of  the  naked  sword. 

"What — what  does  that  mean?"  His  excellency  could 
hardly  articiilate.  He  paused  in  his  onslaught,  pointing 
to  the  sword. 

"It  means,"  replied  Luis,  coolly,  "first,  that  I  have  in- 

64 


THE    MEXICAN   GOVERNORS— I 

jured  my  leg,  and  when  I  am  tired  of  standing  in  one  posi- 
tion I  find  it  necessary  to  change  to  another;  and  sec- 
ond, that,  being  a  soldier  and  a  man  of  honor,  I  do  not 
purpose  that  you  or  any  other  man  shall  beat  me." 

For  the  moment  Sola  was  too  stunned  to  reply.  No  one 
had  ever  thought  of  resisting  him  before,  and  seldom  a 
day  passed  that  he  did  not  use  his  cane.  He  stared  at 
Arguello  but  a  moment,  however,  before  he  flung  his 
stick  across  the  room  and  advanced  with  outstretched 
h^-ndg. 

"This,"  said  he,  "is  the  bearing  of  a  soldier  and  a  man 
of  honor.  I  solicit  your  friendship.  Blows  are  only  for 
the  pusillanimous  scamps  that  deserve  them." 

Luis  was  quick  to  respond.  The  two  shook  hands,  and, 
for  aught  we  know,  kissed  each  other  on  either  cheek, 
then  sat  down  to  chocolate.  Sola,  paying  a  visit  to  San 
Francisco  a  few  days  later,  admitted  that  Luis  had  been 
justified  in  making  his  repairs  in  his  own  way,  but  he 
liked  the  launch  so  well  that  he  never  returned  it. 

It  was  shortly  after  Rezanov's  visit  that  Luis  had  been 
able  to  marry  Rafaella  Sal,  a  red-haired,  gray-eyed  girl, 
to  whom  he  had  been  engaged  for  six  interminable  years. 
So  important  a  subject  as  the  son  of  Jos6  Arguello  could 
not  marry  without  royal  consert,  and  that  was  long  in 
coming.  It  is  hard  to  realize  in  these  days  of  steam  and 
steel  and  speed  that  a  hundred  years  ago  California  was 
almost  as  remote  from  the  centers  of  civilization  ias  had 
she  been  on  the  satellite,  and  communication  as  slow. 
But  he  married  his  Rafaella  at  last;  only  to  lose  her  a, 
year  or  two  later.  Time  closed  the  wound,  and  jn  1822 
he  wished  to  marry  Dona  Maria  Soledad  Ortega,  of  the 
Rancho   del   Refugia  on  the   Santa  Barbara  channel. 

65 


CALIFORNIA 

That  was  during  Iturbide's  brief  reign,  and  the  City  of 
Mexico  was  closer  than  Madrid.  Sola,  now  his  ardent 
friend,  bestirred  himself,  and  the  permission  arrived 
within  a  few  months.  There  was  a  great  wedding  at  the 
Rancho  del  Refugio.  It  faced  a  roadstead,  and  Luis 
came  down  by  sea,  as  well  as  the  guests  from  San  Fran- 
cisco and  Monterey.  Those  from  the  ranchos  came  on 
horseback,  the  caballero  often  holding  his  dona  before 
him;  the  older  people  in  carretas,  the  wagon  of  the 
country — low,  springless,  made  from  solid  sections  of 
large  trees,  and  drawn  by  bullocks. 

For  months  before  a  hundred  Indian  girls  had  drawn 
the  fine  threads  of  deshilados  for  undergarments  and  bed- 
spreads, fashioned  silks  and  satins  into  gowns,  while 
twelve  of  the  girl  friends  of  Doiia  Maria  embroidered  the 
flowers  of  the  country  on  white,  particularly  the  red-gold 
poppy,  which  had  been  named  not  long  since  for  the  good 
Dr.  Eschscholz.  This  scientist  had  visited  California  in 
1816  on  the  Rurik,  when  Otto  von  Kotzbue  brought  the 
first  confirmation  of  Rezanov's  death.  How  the  girls,  their 
needles  flying,  or  sitting  up  half  the  night,  serenaded  and 
sleepless,  talked  with  bated  breath  of  that  romantic 
tragedy  and  wondered  what  their  own  fates  would  be! 
There  were  Carillos  and  Orenas,  more  Ortegas,  De  la 
Guerras,  Estudillos,  Vallejos,  Alvarados,  Castros,  Picos, 
Estradas  in  that  gay  party,  and  those  that  could  not  be 
entertained  even  six  in  a  bed  in  the  great  adobe  ranch- 
house  met  them  at  the  Santa  Barbara  Mission,  where  the 
wedding  was  held ;  then  rode  over  for  the  days  and  nights 
of  festivity,  when  beds,  so  far  as  we  can  make  out,  were 
mere  encumbrances. 

I^uis  ha4  ?ent  to  the  City  of  Mexico  for  the  donas  of  the 

66 


THE    MEXICAN   GOVERNORS— I 

bridegroom:  mantillas  black  and  white,  silk  stockings, 
fans,  lace  flounces,  Roman  sashes,  pearis  from  Baja 
California,  high  combs  bound  with  gold,  a  rosary  of 
amethyst  beads,  a  necklace  of  topaz,  and,  the  fine  flower 
of  the  wedding-gift  which,  if  forgotten,  would  have  cost 
the  bridegroom  his  bride,  six  camisas,  fine  as  cobweb,  em- 
broidered, deshiladoed,  trimmed  with  precious  lace.  The 
bride's  wedding-dress  was  made  with  a  long  pointed 
bodice  and  full  flowing  skirt,  and  a  mantilla  half  hid  her 
face  and  flowed  almost  to  the  hem  of  her  gown.  Luis 
wore  his  bravest  imiform.  It  was  the  first  great  wedding 
that  had  taken  place  in  California,  and  the  priests  of 
Santa  Barbara  celebrated  it  with  all  the  pomp  and 
ceremony  of  the  Chtirch.  The  older  people  vowed  that  it 
was  worthy  of  a  governor's  wedding  in  the  cathedral  of 
the  City  of  Mexico,  but  the  younger  were  impressed  only 
by  the  prospect  of  three  days  and  nights  of  dancing. 

When  the  festivities  were  over  Luis  and  his  bride  set  sail 
for  San  Francisco  in  the  packet-boat  that  awaited  them  in 
the  roadstead ;  and  they  were  as  glad  and  happy  as  they 
deserved  to  be,  when  at  last  they  were  in  the  quiet  presi- 
dio, sheltered  by  its  fogs  and  serenaded  by  the  seals  and 
the  sea.  Both  are  quieter  to-day  in  the  churchyard  of 
Dolores,  but  for  a  while  life  seems  to  have  smiled  upon 
them.  When  they  were  tired  of  the  gray  peninsula  they 
could  go  down  to  their  ranch  in  the  San  Mateo  Valley,  El 
Pilar  (sometimes  known  as  Las  Pulgas!),  and  bask  in  the 
sun  or  wander  in  the  most  beautiful  woods  in  Califor- 
nia; and  while  Luis  was  Gohernador  interino  they  lived  in 
Monterey. 

Argiiello  had  none  of  that  petty  jealousy  of  foreigners 
which  closed  the  doors  for  so  many  years  to  legitimate 

67 


CALIFORNIA 

trade  with  the  outer  world.  WilHam  E.  P.  Hartnell,  an 
EngHsh  merchant  from  Lima,  Peru,  was  the  first  foreigner 
to  become  a  permanent  resident  of  CaHfomia  and  es- 
tabHsh  himself  in  business.  This  was  in  1822,  during 
Arguello's  administration,  and  he  found  no  difBculty  in 
opening  negotiations  with  the  prefect  of  the  missions  for 
the  purchase  of  hides  and  other  native  products.  He 
married  a  daughter  of  Don  Jose  de  la  Guerra  y  Noriega  in 
1825  and  became  naturalized  in  1830.  It  was  during 
ArgCiello's  administration  also  that  another  Englishman 
arrived  who  was  to  marry  and  settle  in  the  country, 
William  A.  Richardson  (some  accounts  say  that  he  was  a 
runaway  sailor) ;  and.,  shortly  afterward,  Capt.  John  Rogers 
Cooper,  from  Boston,  who  asked  and  received  permission 
to  trade,  although  the  old  law  was  still  in  force.  But 
Arguello  thought  for  himself,  after  his  habit,  remarking 
that  "necessity  was  higher  than  law."  Necessities,  in- 
deed, came  more  and  more  rarely  from  that  hotbed, 
Mexico,  and  luxuries  not  at  all.  The  priests  as  well  as  the 
ranchers  were  clamoring;  and  Hartnell  and  Cooper,  who 
had  a  hold-full  of  merchandise,  obtained  their  own  terms 
as  well  as  the  hospitality  of  the  country.  This  was  the 
formal  inauguration  of  trade  in  California. 

Luis  also  purchased  Captain  Cooper's  schooner  and  sent 
it  under  his  command  to  China,  laden  with  otter-skins. 
Cooper  disposed  of  them  for  a  large  sum  which  enabled 
the  governor  to  pay  the  arrears  of  his  officers  and  soldiers 
(also  overlooked  by  Mexico)  and  to  repay  half  of  twenty 
thousand  dollars  he  had  borrowed  of  the  missionaries. 
For  all  of  these  transactions  he  made  himself  personally 
responsible. 

But  his  liberal  vieWs  Were  hot  confined  to  business. 

68 


THE    MEXICAN    GOVERNORS— I 

His  foreign  friends  introduced  the  waltz,  which  promptly 
went  to  both  head  and  feet  of  the  entire  department. 
The  young  folks  danced  every  night  at  the  presidios, 
pueblos,  and  ranchos.  They  discarded  the  dances  of  the 
country — el  son,  el  jota,  the  contradanza — and  whirled 
up  and  down  corridor  and  sala  like  madcaps,  while 
parents  shuddered  and  priests  thimdered.  Both  might 
as  fruitfully  have  ordered  the  sea  to  lie  still.  The  waltz 
became  faster  and  more  furious.  Finally  the  Bishop  of 
Sonora  was  appealed  to.  He  issued  an  edict  threatening 
all  with  excommimication  who  waltzed  either  in  private 
or  public.  The  young  people  were  thrown  into  a  panic. 
They  dreaded  excommunication  with  all  their  pious  souls, 
and  with  all  their  youth  they  resented  being  bereft  of  the 
most  delicious  excitement  they  had  ever  known  in  that 
isolated  land. 

Comandante  Jos6  Maria  Estudillo  was  giving  a  party 
in  the  presidio  of  Monterey  on  the  night  the  edict  was 
tacked  to  the  door  of  the  church.  The  governor  and  his 
young  wife  were  present.  No  one  could  talk  of  anything 
but  the  edict ;  if  they  coiild  not  waltz  they  cared  not  to 
dance  at  all,  these  Calif omians  that  had  danced  out  of 
their  cradles.  Finally  some  wide-awake  spirit  conceived 
the  idea  of  asking  the  governor's  advice. 

Argiiello  shrugged  his  shoulders.  "I  am  not  a  bishop 
nor  an  archbishop,"  he  answered,  "and  have  no  juris- 
diction over  dancing.  But  if  I  knew  how  and  felt  like 
it  I  should  waltz  as  much  as  I  pleased." 

The  group  about  the  governor  cried  "Brava!"  The 
word  flew  round  the  room.  In  another  moment  the 
musicians  were  fiddling,  and  every  young  couple  in  the 
sala  was  whirling.    The  missionaries  gave  it  up.    Even 

69 


CALIFORNIA 

in  those  remote  and  unenlightened  days  public  opinion 
and  determined  insubordination  had  their  effect.  They 
made  no  report  to  the  Bishop  of  Sonora. 

During  his  brief  administration  Luis  did  what  he 
could  to  improve  the  lot  of  the  mission  Indians,  who,  as 
he  wrote  in  his  report  to  Mexico,  were  "poor  and  dis- 
eased, without  medical  attendance,  and  in  a  state  of 
slavery."  As  Borica  so  often  had  done,  he  wrote  warmly 
also  on  the  subject  of  California's  wasted  fertilities,  her 
vast  valleys,  her  splendid  forests,  her  "capacities  of  all 
kinds  for  becoming  one  of  the  richest  and  happiest  coun- 
tries in  the  world."  But  Mexico,  although  she  finally  sent 
money  and  supplies  for  the  troops,  took  no  heed  of  Argu- 
ello's  prayer  for  commercial  expansion  and  settlers. 

Great  Britain  and  the  United  States  recognized  the 
independence  of  Mexico.  Jose  Maria  de  Echeandia  was 
appointed  Gobernador  propietario  of  the  Califomias  (once 
more  united),  but  did  not  arrive  in  San  Diego  until 
October,  1825,  and  meanwhile  the  Mazatlan  troops, 
mainly  composed  of  convicts  and  other  bad  characters, 
with  which  California  had  been  inflicted  during  Mexico's 
period  of  unrest — to  protect  the  coast — ^were  withdrawn. 
These  men  had  so  misbehaved,  taking  night  or  day 
whatever  they  were  sober  enough  to  fancy,  that  Argiiello 
had  been  driven  to  drastic  measures.  He  had  issued  a 
proclamation  to  the  effect  that,  owing  to  the  leniency  of 
his  predecessors,  crime  had  increased  in  the  Department 
of  California  to  a  frightful  extent,  and  that  the  usual 
punishments  had  no  effect;  he  therefore  ordered  that 
every  person  guilty  of  stealing  property  of  the  value  of 
two  hundred  reales  or  upward,  or  of  burglary  and  house- 
breaking, should  suffer  death.     Minor  offenses  would  be 

70 


THE    MEXICAN    GOVERNORS— I 

punished  with  imprisonment  and  public  flogging.  Ar- 
giiello  was  the  kindest  of  men,  but  he  was  a  strict  dis- 
ciplinarian and  a  keen  student  of  his  little  worid.  This 
proclamation  was  conspicuously  posted  all  over  the  de- 
partment, and  crime  immediately  lost  its  charms. 

When  Echeandia  arrived  Luis  returned  to  the  presidio 
of  San  Francisco  as  comandante.  He  died  there  March 
27,  1830,  aged  forty-six.  He  lies  under  the  tall  pointed 
monument  of  the  little  church  of  the  Mission  Dolores, 
whose  thousands  of  fertile  acres  have  shnmken  to  a 
churchyard.  After  the  earthquake  of  1906  I  went  out 
to  see  what  had  happened  to  the  "mission"  and  the 
monument  of  my  friend  Luis.  Even  the  fire  had  spared 
Dolores,  but  the  upper  part  of  the  monument  had  snapped 
off  and  the  point  flown  into  the  wall.  It  was  soon  re- 
placed, however,  and  the  old  cemetery,  with  its  Spanish 
names,  its  periwinkles  smothering  the  graves  and  crosses, 
and  its  Castilian  roses,  is  once  more  a  peaceful  little  oasis 
of  the  past.     It  looks  singularly  out  of  place. 

Echeandia  gave  a  cheerful  attention  to  his  duties ;  but, 
although  the  description  has  come  down  to  us  of  a  tall 
gaunt  man  constantly  shivering  with  cold  (for  which 
reason  he  preferred  San  Diego  to  Monterey),  and  although 
he  was  the  first  to  suggest  that  the  missions  be  converted 
into  pueblos  and  the  Indians  given  ranchos  of  their 
own,  and  although  he  put  down  an  Indian  uprising  with 
a  firm  hand,  we  see  him  as  a  man  of  little  personaHty  and 
no  popularity. 

Although  secularization  did  not  come  in  his  time,  his 
administration  witnessed  the  curbing  of  clerical  power; 
immense  grants  of  land  were  made  to  distinguished  sub- 
jects; Don  Jose  de  la  Guerra,  of  Santa  Barbara,  received 

,    71 


CALIFORNIA 

grants  from  time  to  time  until  his  acres  numbered  three 
hundred  thousand.  This  really  marked  the  downfall  of 
the  priests,  who  heretofore  had  claimed  all  the  fertile 
valleys  near  the  missions  as  their  own,  granting  small 
ranchos  to  their  favorites,  and  even  these  under  protest. 
During  this  administration,  also,  foreigners  received  their 
first  formal  permission  to  marry  and  settle  in  the  country 
provided  they  complied  with  the  laws  of  the  department. 
Other  men  of  various  nationalities,  recognizing  the  pos- 
sibilities of  the  country,  were  not  long  following  Hartnell's 
example.  California  women  seem  to  have  married  for- 
eign men,  and  Americans  in  particular,  whenever  the  op- 
portunity was  offered  them;  frugal,  sensible,  and  virtu- 
ous, they  no  doubt  recognized  the  inferiority  of  their  own 
men  as  soon  as  they  had  a  new  standard  of  comparison. 

With  Echeandia  had  come  from  Mexico  a  young  en- 
sign of  engineers,  brave,  handsome,  and  intelligent.  His 
name  was  Romualdo  Pacheco ;  and,  although  his  life  was 
brief,  he  was  destined  to  found  a  family  whose  name  lin- 
gered longest  in  the  new  California  after  the  Americans 
had  obliterated  Arcadia.  His  son  of  the  same  name 
was  prominent  in  the  politics  of  the  state,  representing  it 
in  Congress,  and  successful  in  business ;  owing,  no  doubt, 
to  the  lady  selected  by  his  gallant  young  father. 

Almost  immediately  upon  his  arrival  in  San  Diego 
Pacheco  met  Dona  Ramona  Carillo,  a  woman  of  character 
and  energy,  although  at  that  time  little  more  than  a 
handsome  and  clever  girl,  famous  for  a  brilliant  smile 
and  uncommon  vivacity.  After  her  young  husband's 
death  she  married  a  Scotchman,  Capt.  John  Wilson,  who 
brought  up  the  little  Romualdo  without  indulgence  and 
gave  his  mind  a  practical  instruction  enjoyed  by  few 

72 


THE    MEXICAN   GOVERNORS— I 

Califomians.  For  some  years  after  the  American  occu- 
pation, however,  he  continued  to  practise  the  reckless 
hospitality  of  his  race.  A  visitor  brought  a  letter  to  the 
Wilsons  and  was  invited  to  their  great  rancho,  Caiiada 
de  los  Osos,  near  San  Luis  Obispo.  Romualdo  took  him 
to  his  room  and,  as  he  was  about  to  leave  the  guest  alone, 
wheeled  and  kicked  aside  a  pile  of  saddle-bags  in  the 
comer,  revealing  a  large  sack.  The  neck  was  open ;  the 
sack  was  filled  with  "slugs"  of  gold,  valued  at  about 
twenty  dollars  each.  "Help  yourself,"  said  young 
Pacheco.  "The  house  is  yours.  Bum  it  if  you  will." 
He  had  almost  forgotten  the  sack  was  there. 

But  to  return  to  1825.  Pacheco's  comrade,  Augustin 
Zamorano,  became  enamoured  at  the  same  time  of  Luisa, 
daughter  of  Santiago  Arguello.  Both  the  weddings  took 
place  simultaneously  at  San  Diego,  with  all  the  gaiety  and 
pomp  of  the  time,  and  the  two  bridal  trains,  consisting  of 
hundreds  of  relatives  and  friends  of  the  brides,  attired  in 
their  most  brilliant  plumage,  mounted  on  splendid  horses, 
accompanied  the  governor  to  Monterey.  The  long  jour- 
ney was  enlivened  with  meriendas  and  dances  and  barbe- 
cues and  feats  of  horsemanship,  and  every  other  festive 
antic  which  enabled  the  light-hearted  Californians  to 
forget  that  they  were  a  stranded  people  on  the  edge  of 
the  world. 

Don  Jose  de  la  Guerra  had  been  commandante  of  Santa 
Barbara  for  many  years,  but  he  went,  about  this  time,  as  a 
delegate  to  the  Mexican  congress,  and  Pacheco  was  ap- 
pointed to  fill  the  vacant  post.  He  and  his  bride  lived  in 
the  old  military  square  of  Santa  Barbara  (of  which  the 
adobe  house  built  by  Don  Jose  in  1826  is  the  only  building 
of  note  remaining)  until  1831.     The  superb  valley  is  shut 

73 


CALIFORNIA 

in  by  a  big  and  barren  range  of  mountains  which  throw 
into  bold  relief  the  long  white  mission  with  its  double 
towers  and  red  tiles  on  the  rising  groimd  at  its  feet. 
There  was  also  a  white  aqueduct  in  those  days  built  by 
the  padres,  and  the  whole  scene  was  full  of  color:  the 
sky  and  sea,  as  always,  of  a  deep  hot  blue,  the  green 
expanse  between  the  mission  and  the  presidio  (also  white, 
with  red  tiles  on  the  low  roofs)  strewn  with  boulders,  and 
here  and  there  a  tree;  in  the  vicinity  of  the  mission  and 
presidio  there  were  olive-groves  shining  Uke  polished  sil- 
ver, and  fruit  of  every  color  ripening  imder  that  golden 
relentless  sun. 

Echeandia  was  governor  from  1825  imtil  1831.  His 
successor,  Manuel  Victoria,  remained  in  office  ten  months 
and  nine  days.  No  high  official  was  ever  more  cordially 
hated  or  more  quickly  disposed  of.  Half  Indian,  cruel, 
ignorant,  prejudiced,  he  was,  altogether,  a  type  of  gov- 
ernor California  never  had  been  inflicted  with  during  the 
authority  of  Spain.  He  gratified  his  hatred  of  aristocracy 
by  exiling  eminent  citizens  without  reason,  refused  to  call 
the  territorial  deputation  which  assisted  the  chief  official 
in  governing,  and  he  gratified  his  lust  of  blood  by  enacting 
to  the  letter  Luis  Arguello's  drastic  law  against  criminals. 
In  short,  he  threw  the  department  into  a  ferment  which 
quickly  developed  into  a  revolution.  He  was  finally 
cornered  with  thirty  soldiers  under  Pacheco,  who  believed 
it  his  duty  to  stand  by  his  chief.  Pacheco  was  shot 
through  the  heart.  The  soldiers,  deprived  of  their  cap- 
tain, ran  away.  Victoria  fled  to  the  Mission  of  San 
Gabriel  and  delivered  over  the  government  to  Echeandia, 
who  had  lingered  in  San  Diego. 

But  Pio  Pico,  one  of  the  most  influential  Californians 

74 


THE    MEXICAN    GOVERNORS— I 

of  his  day  and  the  most  eminent  citizen  of  Los  Angeles, 
high  in  poHtics  and  rich  in  acres,  claimed  the  governorship 
ad  interim,  and  Captain  Zamorano  started  a  coimter  revo- 
lution. In  fact,  from  that  time  on  the  history  of  Cali- 
fornia imtil  American  occupation  is  concerned  mainly  with 
internal  revolutions.  As  long  as  the  kind  but  firm  hand 
of  Spain  directed  the  destinies  of  its  province  it  remained 
monarchical  and  submissive ;  but  whether  it  was  that  the 
Califomian  had  no  respect  for  the  governments  set  up 
in  Mexico,  or  whether  the  spirit  of  revolution  had  entered 
his  own  blood,  certain  it  was  that  pastoral  lethargy  was 
frequently  enlivened  by  a  restless  desire  to  put  almost 
any  one  in  authority  but  the  official  who  claimed  the 
right.  California  also  suddenly  awakened  to  the  fact 
that  she  had  been  oppressed  by  the  missionaries,  and 
began  to  demand  secularization.  This  not  only  would  be 
an  act  of  poetic  justice,  but  would  divide  tens  of  thousands 
of  acres  of  the  best  lands  for  grazing  and  farming,  between 
loyal  subjects  who  would  become  rich  and  prosperous, 
and  treat  the  miserable  Indian  with  kindness. 

Pio  Pico,  having  wrested  Alta  California  from  the 
filming  Echeandia,  expressed,  as  Gobernador  interino,  the 
public  sentiment  regarding  the  missionaries  in  a  report  to 
the  City  of  Mexico: 

Such  governors  as  have  hitherto  been  sent  to  this  country  have 
been  absolutely  subject  to  the  influence  of  the  Spanish  missionaries. 
These  missionaries,  unfortunately,  owing  to  prepossessions  in  their 
favor  and  general  fanaticism,  acquired  and  enjoy  a  certain  amount  of 
acceptance  among  the  larger  portion  of  the  population.  This  they 
have  managed  greatly  to  augment  by  means  of  the  wealth  of  their 
territory,  which  they  have  administered  to  the  prejudice  of  the 
wretched  neophytes,  who  have  been  compelled  to  labor  incessantly 
and  without  deriving  any  advantages  whatever  either  to  themselves 
or  their  children  for  their  labor.    Up  to  date,  consequently,  these  un-^ 

75 


CALIFORNIA 

fortunates  have  remained  in  the  same  unhappy  circumstances  as  at 
the  beginning  of  the  conquest,  with  the  exception  of  a  very  few  who 
have  acquired  some  knowledge  of  their  natural  rights.  But  in  gen- 
eral they  have  languished  in  oppression.  They  have  been  ground  down 
with  stripes  inflicted  with  the  purpose  of  suppressing  in  their  minds 
the  inborn  tendency  to  seek  reUef  from  tyranny,  in  the  liberty  which 
manifests  itself  in  republican  ideas.  During  the  entire  history  of  the 
country  the  missionaries  have  never  lost  an  opportunity  of  seducing 
the  hearts  of  the  governors  and  eradicating  from  their  bosoms  every 
sentiment  of  philanthropy  in  favor  of  the  Indians. 

The  missionaries  had  obeyed  that  ancient  instinct  of  the 
human  heart  to  oppress  the  weak.  Spain  had  invested 
them  with  great  power,  and  it  had  gone  to  their  heads. 
They  had  read  history  and  seen  something  of  the  world: 
the  strong  ever  waxed  arrogant  and  ruthless,  and  the 
weak  were  born  to  submit.     Now,  alas,  it  was  their  turn ! 

From  the  moment  the  ball  was  set  rolling  toward  secu- 
larization it  never  halted  until  the  padres  were  first  de- 
spoiled and  then  in  many  cases  driven  out.  And  never 
had  the  missions  been  so  flourishing  as  when  the  ecclesi- 
astics realized  th^-t  their  day  was  over.  At  the  begin- 
ning of  1834  they  reigned  over  thirty  thousand  neophytes, 
who  tilled  their  fields  (some  of  which  yielded  two  crops  a 
year),  herded  their  flocks  and  cattle,  and  increased  the 
vqlue  of  those  vast  properties  year  by  year.  They  owned, 
when  the  shadow  of  secularization  rose,  more  than  four 
hundred  and  twenty  thousand  cattle,  sixty  thousand 
horses,  three  hundred  and  twenty  thousand  sheep,  goats, 
and  hogs,  and  they  realized  annually  thousands  of  bushels 
of  maize,  wheat,  beans,  and  the  like.  In  1834  they 
slaughtered  over  a  hundred  thousand  cattle  for  the  sake  of 
the  hides,  in  such  demand  by  the  traders;  and  these,  with 
the  tallow,  brought  them  for  that  year  an  income  of  over 
a  million  dollars.     Every  mission  had  its  great  orchard, 

7^ 


THE   MEXICAN   GOVERNORS— I 

vineyard,  and  beautiful  gardens,  although  those  of 
Dolores  as  well  as  San  Francisco  Solano  (Sonoma)  and 
San  Rafael  (two  missions  north  of  the  bay  which  had  been 
established  in  1823  as  barriers  against  the  Russians)  were 
less  prolific  than  those  farther  south.  Many  were  set  in 
orange-groves,  and  few  that  were  not  shaded  with  the 
immense  fig-trees  that  flourished  in  all  the  warmer  valleys 
of  California.  It  was  not  unlike  the  ' '  terrestrial  paradise ' ' 
of  Montalvo. 

As  soon  as  it  became  certain  that  secularization  was 
inevitable  the  missionaries  began  a  systematic  work  of 
destruction.  Some  sold  what  property  they  could  dis- 
pose of  favorably,  and  others  uprooted  their  vineyards  and 
ordered  the  slaughter  of  thousands  of  cattle,  not  only  for 
the  sake  of  the  hides,  but  to  leave  as  little  to  their  despoilers 
as  possible.  At  the  Mission  San  Gabriel  all  were  slaugh- 
tered. This  mission  was  then  the  richest  in  the  Depart- 
ment of  California.  It  possessed  over  a  hundred  thou- 
sand cattle.  They  were  struck  down  wherever  they 
happened  to  be,  the  hides  taken  off,  and  the  carcasses — 
strewn  all  over  the  beautiful  valley  and  hillsides — left 
to  rot.  For  years  this  region  was  white  with  skulls  and 
skeletons;  the  new  rancheros  foimd  them  useful  in  the 
building  of  fences ! 


VI 

THE   MEXICAN   GOVERNORS — II 

An  avowed  object  of  secularization  was  to  convert  the 
missions  into  Indian  pueblos  surrounded  by  farms;  in 
other  words,  to  give  the  Indians  the  lands  to  which  they 
were  entitled  by  natural  law.  But  it  did  not  work.  In 
the  first  place,  the  Indians  had  neither  the  intelligence  nor 
the  energy  to  cultivate  even  a  small  estate  and  make  a 
living  out  of  it;  and  in  the  second,  they  were  still  the 
weaker  race.  Numbers  never  have  coimted  and  never 
will  count  against  superior  brains  and  ruthless  energies. 
The  activities,  mental  and  physical,  of  the  Califomians 
may  have  amused  the  Americans  when  they  devoured 
them  later,  but  they  were  infinitely  superior  to  those  of 
a  race  spawned  by  Nature  while  she  was  still  an  amateur 
in  the  game  of  life. 

The  conversion  into  pueblos  proceeded  slowly;  these 
were  ruled  by  white  officials,  and  the  Indian  was  toler- 
ated according  to  the  value  of  his  services.  San  Juan 
Capistrano  was  the  only  exception;  possibly  as  an  ex- 
periment, or  as  a  salve  to  the  departmental  conscience, 
the  beautiful  sculptured  ruins  of  the  mission — wrecked 
by  the  earthquake  of  1812  and  only  partly  rebuilt — was 
made  into  an  Indian  pueblo  according  to  the  original 
edict.     Its  career  may  be  imagined. 

Governor  Figueroa,  who  arrived  in  California  in  time 

78 


THE    MEXICAN   GOVERNORS— II 

to  save  it  from  another  civil  war,  was  half  Aztec,  and 
consequently  in  sympathy  with  the  Indian;  but  his  ad- 
ministration, owing  to  ill  health,  was  brief.  The  impulse 
he  gave  to  Yerba  Buena  will  be  described  elsewhere. 
Barely  had  secularization  been  accomplished  when  he 
retired,  and  once  more  there  was  trouble. 

He  handed  over  the  reins  to  Jose  Castro,  the  first 
member  of  the  territorial  deputation,  and  a  yotmg  officer 
of  brilliant  gifts,  who  was  destined  to  play  a  part  in 
California  history.  Castro,  however,  held  the  position 
of  Gobernador  interino  for  four  months  only.  The  cen- 
tral government  ordered  him  to  tvun  it  over  to  Nicolas 
Gutierrez,  who  enjoyed  the  office  for  about  the  same 
length  of  time.  In  December,  1835,  the  Mexican  govern- 
ment sent  Col.  Mariano  Chico  as  Gobernador  propietario, 
and  the  outsider  proved  himself  to  be  as  petty,  tyrannical, 
and  futile,  as  unjust  and  quarrelsome  as  Victoria  had 
been.  After  three  agitated  months  he  was  glad  to  es- 
cape fron  the  country  with  his  life.  The  Califomians 
had  foimd  themselves. 

Gutierrez  again  assumed  command,  and  a  month  later 
he  also  was  taking  passage  for  Mazatlan.  A  new  sort 
of  revolution  had  been  accomplished  imder  Juan  Bautista 
Alvarado,  the  ablest  man  Old  California  produced.  Cali- 
fornia pronounced  itself  a  free  and  sovereign  state. 
Alvarado  was  appointed  governor,  and  he  in  turn  ap- 
pointed his  imcle,  Mariano  Guadalupe  Vallejo,  that  lord 
of  the  northern  valleys  whose  home  was  in  the  mission 
pueblo,  Sonoma,  comandante  of  all  the  forces.  The 
congressional  deputation  which  heretofore  had  been 
called  at  the  pleasure  of  the  Mexican  governor  was  turned 
into  a  constitutional   congress,  to  meet  at  regular  in- 

6  79 


CALIFORNIA 

tervals;  and,  although  the  Roman  Catholic  religion  was 
the  only  one  recognized  by  the  state,  no  man  was  to  be 
molested  on  account  of  his  religious  opinions.  This 
beneficent  law  was  passed,  no  doubt,  on  behalf  of  the 
considerable  number  of  foreigners  now  settled  in  the 
country,  and  who  had  become  merchants  or  ranchers  of 
importance. 

Mexico,  busy  with  irritations  nearer  home,  ignored 
California ;  and  the  new  state,  barring  the  usual  jealous 
explosion  from  Los  Angeles  (stronghold  of  the  Picos, 
Carrillos,  and  Bandinis)  went  her  way  in  peace  and  pros- 
perity for  several  months. 

The  revolution  had  not  been  instigated  by  Alvarado, 
but,  as  the  man  whose  abilities  were  now  most  con- 
spicuous, he  was  pushed  immediately  to  the  front,  forced 
to  undertake  its  leadership,  and  upon  its  rapid  and  suc- 
cessftil  conclusion,  as  natiirally  made  governor.  But 
knowing  that  California  was  too  weak  to  stand  alone,  he 
deftly  wheeled  it  back  to  its  old  position  under  the  Mexican 
flag,  after  having  given  the  central  government  to  under- 
stand that  hereafter  the  department  would  choose  its 
own  governors  and  administer  its  own  affairs.  Mean- 
while, he  devoted  himself  assiduously  to  the  reform  of 
abuses  and  to  bringing  order  out  of  the  chaos  caused  by 
the  rapid  succession  of  governors.  He  rose  with  the  dawn 
and  worked  far  into  the  night  with  his  secretary.  His 
dream  was  to  make  California  a  model  state ;  and  if  Cali- 
fornia had  been  wholly  composed  of  Alvarados,  Castros, 
Arguellos,  De  la  Guerras,  and  -Pachecos,  and  that  pest- 
hole, Los  Angeles,  had  not  existed,  no  doubt  he  would 
have  succeeded. 

But,  although  he  had  suppressed  Los  Angeles,  which, 

80 


DON    lOSE    DE    LA    Gl'ERRA 


DON    PABLO    DE   LA    GUERRA 


GEN.    DON    JOSE   CASTRO 


THE   MEXICAN   GOVERNORS  — II 

since  it  emerged  from  pueblo  swaddling-clothes,  had 
longed  to  be  the  capital  of  California,  it  was  for  the 
moment  only.  He  was  suddenly  dumfoimded  with  the 
news  that  Carlos  Antonio  Carrillo  had  been  appointed  by 
the  Mexican  government  to  supplant  him.  Although  he 
was  the  choice  of  all  California,  saving  only  Los  Angeles, 
and  the  department  now  longed  for  peace  and  order, 
Jose  Antonio  Carrillo,  late  delegate  to  Mexico,  had  ob- 
tained the  governmental  ear,  defamed  Alvarado,  exalted 
his  brother,  and  claimed  to  speak  for  California. 

Once  more  the  north  flew  to  arms.  Alvarado,  being 
above  all  things  a  patriot,  high-minded  and  imselfish, 
would  have  yielded;  but  not  so  his  compatriots.  Not 
only  were  they  determined  that  the  wisest  among  them 
should  rule,  but  no  longer  would  they  submit  to  the 
dictation  of  Mexico.  Vallejo  remained  neutral  until  the 
issue  should  be  plain.  The  army  marched  toward  Los 
Angeles  under  Jose  Castro.  The  south  also  flew  to  arms. 
Its  general  was  Juan  de  Castaiiada. 

Those  internal  "wars"  were  more  to  let  off  steam  than 
anything  else.  Hot-headed  as  the  Califomians  were, 
they  were  mortally  afraid  of  hurting  their  opponents, 
possibly  because  they  were  all  so  closely  knit  by  the 
marriage-tie.  Generally  it  was  the  army  that  made  the 
greatest  display  of  force  and  noise  that  won,  and  so  it 
was  in  this  case.  Jose  Castro  surprised  Castafiada  at 
San  Buenaventura  and  surrounded  his  army,  demanding 
an  unconditional  surrender.  When  this  was  haughtily 
refused,  Castro's  men  fired  somewhere,  certainly  not  into 
the  enemy's  ranks,  whereupon  the  southern  army  ran 
away  and  Castro  captured  the  leaders,  including  Jose 
Antonio  Carrillo.    When  the  northern  general  marched 

8i 


CALIFORNIA 

proudly  into  Monterey  with  his  quarry,  Alvarado  sent 
the  prisoners  to  Sonoma.  Vallejo  had  a  reputation  for 
extreme  cruelty  against  the  Indians,  whom  he  had  been 
sent  out  at  various  times  to  subdue.  This  may  or  may 
not  be  true,  for  General  Vallejo  had  many  enemies,  like 
other  rich  men;  but  Alvarado  is  reported  to  have  said, 
when  he  despatched  the  prisoners  of  war  north  to  the 
stronghold  at  Sonoma,  that  if  he  sent  these  men  to  the 
devil  they  would  not  get  their  deserts,  but  they  would  if 
he  sent  them  to  Vallejo. 

Vallejo  was  a  man  of  many  conflicting  qualities;  able, 
intellectual,  the  only  man  in  the  department  besides 
Alvarado  who  in  his  youth  had  defied  the  priests  and 
read  extensively;  reputed  brave  and  cruel,  but  never 
backing  Alvarado  in  his  revolutions  until  convinced  that 
success  was  assured ;  an  admirable  man  of  business  until 
the  gold-rush  brought  thousands  of  abler  men  to  the 
country;  haughty,  arrogant,  proud  of  his  untainted 
Spanish  blood,  but  withal  a  very  fine  gentleman  and 
gallant  soldier;  if  not  one  of  the  few  great  men  of  Old 
California,  he  was  one  of  its  pre-eminent  figures.  His 
treatment  of  the  southern  prisoners  was  all  that  Alvarado 
could  wish,  and  that  firm  but  amiable  governor  soon  par- 
doned them  and  told  them  to  go  home  and  behave  them- 
selves. 

Meanwhile,  he  sent  an  ambassador  to  the  City  of 
Mexico,  Andres  Castillero,  the  discoverer  of  the  New 
Almaden  quicksilver-mines  near  San  Jose.  This  able 
man  soon  convinced  the  President  of  the  Republic  that 
it  would  be  wiser  to  permit  the  ever-loyal  Califomians 
to  choose  their  own  governors.  Simultaneously,  Alta  and 
Baja  California,  which  had  been  separated  once  more, 

$3 


THE    MEXICAN    GOVERNORS— II 

were  reunited ;  and  Alvarado  became,  without  further  op- 
position, Gohernador  propietario  of  the  Department  of  the 
CaHfornias.  Vallejo  was  comandante  militar.  Alvarado 
issued  a  proclamation  ordering  an  electoral  college  to  meet 
at  Monterey  in  May,  1839,  and  returned  to  the  work  of 
governing  wisely  and  peacefully  and  to  the  satisfaction  of 
all  concerned  but  Los  Angeles.  But,  although  his  admin- 
istration was  comparatively  serene,  it  was  notable  for  many 
events  of  far  more  importance  than  bloodless  revolutions. 

When  Alvarado  became  governor  there  were  one  hun- 
dred and  forty-seven  foreigners  resident  in  Alta  Cali- 
fornia, either  naturalized  or  licensed,  besides  a  number  of 
vagabond  hunters  and  trappers  north  of  the  Bay  of  San 
Francisco.  The  most  distinguished  of  the  new-comers 
were  William  E.  P.  Hartnell,  merchant,  trader,  school- 
teacher, rancher,  Visitador-general  of  Missions  in  1839, 
linguist,  translator,  and  interpreter;  Thomas  O.  Larkin, 
United  States  Consul  and  resident  of  Monterey;  Alfred 
Robinson,  merchant,  whose  marriage  to  Dona  Anita  de  la 
Guerra  is  so  brilliantly  described  by  Richard  Henry  Dana 
in  Two  Years  Before  the  Mast;  James  Alexander  Forbes, 
a  Scotchman;  Don  Timeteo  Murphy;  David  Spence; 
Capt,  John  Wilson,  who  married  Dona  Ramona  Pacheco; 
Abel  Sterns;  Jacob  P.  Leese,  a  German- American,  mar- 
ried to  a  sister  of  General  Vallejo ;  and  William  A.  Richard- 
son, the  first  American  resident  of  Yerba  Buena. 

During  Alvarado's  term  of  office  there  was  a  great 
influx  of  foreigners,  the  most  notable  of  the  Americans 
being  W.  D.  M.  Howard,  who  became  a  few  years  later 
one  of  the  great  merchants  of  San  Francisco ;  and  the  most 
notable  of  all,  John  Augustus  Sutter,  bom  in  the  Grand 
Duchy  of  Baden  (1803),  a  seeker  of  fortune  in  the  United 

83 


CALIFORNIA 

States  and  the  "Sandwich  Islands"  (H.  I.)  until  1839, 
when  he  made  up  his  mind  to  try  his  luck  in  California. 
He  arrived  in  the  Bay  of  San  Francisco  in  June,  1839,  with 
a  company  of  colonists,  twelve  men  and  two  women.  As 
he  had  no  license,  the  authorities  would  not  permit  him  to 
land;  he  therefore  proceeded  down  the  coast  to  Monterey 
and  informed  Alvarado  that  he  wished  to  settle  in  Cali- 
fornia and  found  a  colony. 

Alvarado  was  fully  alive  to  the  dangers  of  too  many 
foreigners  in  his  isolated  and  ill-defended  province,  es- 
pecially when  they  were  of  a  low  type.  But  he  recog- 
nized in  Sutter  a  man  of  uncommon  ability  and  serious 
purpose,  who  intended  to  become  a  citizen  of  California 
and  improve  the  conditions  of  that  portion  of  the  country 
where  he  should  settle.  Long  conversations  between  the 
two  men  convinced  Alvarado  that  Sutter  was  not  only 
willing  but  able  to  keep  the  prowling  vagabonds  and 
restless  Indians  of  the  north  in  order;  he  gave  him  the 
license  to  enter  and  to  settle  on  a  fork  of  the  Sacramento 
and  American  rivers,  naturalization  papers  in  the  follow- 
ing year,  a  large  grant  of  land,  and  appointed  him  a 
representative  of  the  government  on  the  "Sacramento 
River  Frontier."  This  part  of  the  country  was  infested 
with  men  of  the  lowest  type,  outlaws  in  their  own  coun- 
try, that  had  wandered  over  the  Sierras  from  the  United 
States  and  Mexico,  and  by  the  more  savage  tribes  of 
Indians ;  as  there  was  now  a  considerable  number  of 
ranchers,  both  Californian  and  foreign,  north  of  the  Bay 
of  San  Francisco,  it  was  necessary  that  these  despera- 
does should  be  turned  back  or  reduced  to  submission 
by  a  strong  hand  in  the  north.  Vallejo,  it  would  seem, 
had  not  proved  equal  to  this  task. 

84 


THE    MEXICAN   GOVERNORS— II 

Sutter,  who  during  the  first  year  had  built  a  fort  and 
a  house  and  outbuildings,  all  surrounded  by  a  stockade, 
in  that  wild  valley  facing  the  Sierra,  was  authorized  to 
arrest  and  punish  thieves,  robbers,  and  vagrants,  and 
warn  off  hunters  and  trappers  that  were  unlicensed; 
in  short,  while  bearing  in  mind  that  the  jurisdiction  of  the 
comandante  at  Sonoma  extended  even  to  the  splendid 
domain,  which  Sutter  called  New  Helvetia,  and  where  he 
ruled  like  a  feudal  lord,  he  was  to  be  the  government's 
strong  arm  in  the  central  north. 

Sutter  felt  no  hesitation  in  using  the  powers  invested 
in  him.  As  may  be  imagined,  there  was  no  love  lost 
between  him  and  Vallejo,  who,  although  he  may  have 
lacked  the  personality  and  executive  ability  of  Sutter, 
bedeviled  him  when  he  could,  and  let  him  understand  at 
once  that  the  troops  of  Sonoma  would  never  be  at  his 
disposal  to  enforce  the  law.  But  Sutter  was  quite  able 
to  manage  without  his  neighbor's  assistance.  He  soon 
had  a  colony  of  three  hundred  Indians,  whom  he  taught 
not  only  agriculture  but  the  mechanical  trades,  and  who 
became  much  attached  to  him.  He  established  a  primary 
school,  built  the  natives  comfortable  huts,  and  altogether 
seems  to  have  treated  them  with  paternal  kindness  as 
long  as  they  obeyed  him  blindly.  When  he  was  called 
upon  by  the  ranchers  to  put  down  bands  of  horse-thieves 
he  furnished  his  Indians  with  muskets,  and  they  accom- 
plished their  purpose  quite  as  effectively  as  the  lazy 
Sonoma  garrison  would  have  done.  In  1841  the  Rus- 
sians, having  exhausted  the  fur-bearing  animals,  were 
ready  to  abandon  Fort  Ross  and  Bodega ;  and,  although 
Vallejo  claimed  all  their  farms  and  other  properties  in  the 
"sacred  name  of  Mexico,"  Sutter  quietly  bought  them 

85 


CALIFORNIA 

out  for  thirty  thousand  dollars.  Of  course,  he  had  no 
such  sum  in  gold,  but  the  property  was  turned  over  to 
him  and  the  debt  assumed  by  the  government. 

But,  although  Sutter  was  quite  equal  to  the  more  dis- 
reputable of  the  adventurers,  and,  indeed,  insured  a  cer- 
tain degree  of  confidence  among  the  residents  of  the  north, 
the  increasing  stream  of  American  immigrants,  whose 
white  prairie-wagons  he  could  see  from  the  roof  of  his 
fort  through  a  spy-glass  crawl  down  the  long  slopes  of 
the  Sierra,  was  quite  another  problem.  These  invaders 
were  farmers  and  their  families,  some  in  search  of  pro- 
ductive soil,  others  merely  itinerant  and  restless.  The 
Americans  in  Texas  had  "imfurled  the  banner  of  re- 
bellion" and  won.  The  same  danger  might  threaten 
California  at  any  moment.  Alvarado  wrote  to  Mexico  for 
a  larger  army;  but,  although  the  government  was  aware 
that  the  American  newspapers  were  coveting  California, 
it  was  unable  to  spare  troops.  The  immigrants,  who,  in 
the  course  of  a  year  or  two,  numbered  several  hundred, 
were  advised  of  this  and  laughed  at  the  proclamations  of 
the  governor  and  at  Castro's  display  of  military  force. 
There  was  nothing  to  be  done  as  long  as  the  invaders 
obeyed  the  laws  of  the  country.  California  was  not 
strong  enough  to  put  them  out,  and  persecution  would 
have  invited  the  wrath  of  the  United  States. 

Alvarado  fain  would  have  kept  California  for  Mexico, 
torn  by  civil  wars,  distracted  by  her  losses,  threatened 
on  every  side.  He  was  too  wise  and  clear-sighted  not 
to  have  foreseen  Mexico's  ultimate  fate,  but  he  battled 
on,  enforcing  obedience  to  the  laws  of  his  department, 
and  keeping  the  foreigners,  save  the  few  that  enjoyed  his 
confidence,  out  of  politics.    If  his  abilities  had  been  recog- 

86 


THE    MEXICAN    GOVERNORS— II 

nized  and  he  had  been  called  to  the  City  of  Mexico,  that 
turbulent  nation  might  have  told  a  different  story  for 
one  generation  at  least. 

Alvarado  was  a  man  of  great  dignity,  coolness,  re- 
source, energy,  and  a  bom  leader  and  administrator.  Of 
fine  commanding  appearance,  taller  than  the  majority  of 
his  race,  with  black  hair  and  eyes,  regular  features  and  the 
white  skin  of  his  Castilian  ancestry,  simple  in  his  dress 
and  reserved  in  manner,  although  courteous,  he  had  been 
a  notable  figure  in  the  province  from  boyhood,  when  he 
defied  the  priests  and  fed  his  ambitious  mind  on  all  the 
books  he  could  find  in  the  coimtry  or  procure  from  Mexico. 
Beginning  his  public  life  at  eighteen,  he  filled  one  office 
after  another,  indifferent  to  the  dissipations  of  the  young 
officers  and  rancheros,  and  winning  more  and  more  of  the 
public  confidence,  until  the  time  came  to  lead  California 
both  in  war  and  peace.  His  ideal  and  model  was  Wash- 
ington, and  there  is  no  question  that  if  born  to  a  wider 
sphere  he  would  have  achieved  something  more  than  a 
local  fame.  His  most  remarkable  characteristic,  consid- 
ering his  blood,  was  his  self-restraint.  His  proclamations 
and  state  papers  show  nothing  of  the  rhetorical  bombast 
of  his  time  and  race ;  they  are,  indeed,  models  of  style.  He 
showed  his  independence  at  the  age  of  fifteen  by  cutting 
off  his  flowing  curls,  and  for  many  years  was  the  only 
young  Californian  who  did  not  wear  his  hair  long  and  tied 
back  with  a  ribbon.  He  was  born  in  Monterey  in  1809, 
and  was  therefore  only  twenty-seven  when  he  became 
governor  of  the  Californias.  But  even  his  enemies  ad- 
mitted that  it  would  be  impossible  for  a  man  of  any  age 
to  make  fewer  mistakes  than  he  did  during  the  six  years 
of  his  administration.     In  1839  he  married  Dona  Martina 

87 


CALIFORNIA 

Castro,  of  San  Pablo.  His  mother  was  a  Vallejo,  which 
may  have  been  the  secret  of  his  long  patience  with  the 
unreliable  general. 

The  other  California  families  now  active  and  prominent 
in  the  department  were  the  De  la  Guerras,  Carrillos, 
Penas,  Estradas,  Osios,  Gonzalez,  Requenas,  Jimenos 
(Xim^nos),  Del  Valles,  Martinez,  Peraltas,  Bandinis, 
Avilas,  Picos,  the  Santiago  Arguellos,  and  the  Castros. 

The  greater  number  of  these  had  immense  ranchos,  and 
did  a  yearly  trading  with  the  Boston  skippers,  exchanging 
hides  and  tallow  for  a  hundred  and  one  articles  of  mer- 
chandise— ^from  fine  silks  and  high-heeled  slippers  to  car- 
penters' tools  and  pots  and  pans. 

Don  Jose  Castro  had  a  ranch  at  San  Juan  Bautista,  but 
spent  the  greater  part  of  his  time  in  Monterey;  his  wife, 
Dofia  Modeste,  a  beautiful  woman  with  black  hair,  white 
skin,  and  the  green  eyes  so  prized  by  the  Spaniards,  was 
California's  leader  of  fashion  until  1846.  General  Castro, 
who  seems  to  have  led  all  the  California  armies  of  his 
time  into  war,  while  Vallejo  sneered  in  Sonoma  and  en- 
joyed the  imposing  title  of  comandante  militar,  was  a  gal- 
lant officer  and  a  stem  disciplinarian.  He  won  his  battles 
by  superior  tactics ;  and  if  a  little  given  to  grandiloquence 
in  his  proclamations,  he  was  none  the  less  quick,  alert, 
and  wary.  Old  California  women  who  are  now  dead 
described  him  to  me  as  a  rather  tall,  dark,  dignified  man, 
very  straight,  with  keen,  flashing  eyes,  aquiline  features, 
and  beard  worn  d  la  basca,  a  narrow  strip  running  from 
ear  to  upper  lip.  Vallejo  wore  his  face  hair  in  the  same 
fashion  for  many  years,  but  he  had  a  large  benevolent 
forehead  and  a  fat  chin.  His  expression  was  aloof  and 
somewhat   cynical,   and  his   manner,   while  suave   and 


THE   MEXICAN   GOVERNORS— 11 

courteous,  did  not  inspire  unbounded  confidence.  Sutter 
also  had  an  immense  forehead,  caused  by  receding  hair, 
a  long  fine  nose,  a  mustache  so  heavy  that  his  mouth 
is  quite  as  well  concealed  in  his  pictures  as  a  curtained 
window  at  night,  and  heavy  eyebrows,  under  which  twin- 
kled large,  deep-set,  shrewd,  but  kindly  eyes.  He  wore  the 
sort  of  whiskers  we  now  associate  with  stage  butlers,  and 
the  underlip  tuft  with  Napoleon  III.  In  figure  he  was 
upright  and  authoritative,  and  his  manners  were  as  culti- 
vated as  his  mind.  He  was  an  adventurer,  no  doubt,  but 
an  adventurer  of  the  highest  type.  He  did  not  come  to 
California  penniless,  by  any  means;  and  if  he  induced 
Alvarado  to  give  him  a  great  domain  he  made  good  use 
of  it,  educated  and  drilled  the  Indians  to  better  purpose 
than  the  missionaries  had  ever  done,  was  a  genuine  and 
useful  pioneer;  and  if  he  treated  Alvarado  with  in- 
gratitude, as  we  shall  presently  see,  and  made  grave  mis- 
takes of  judgment — ^for  he  fell  short  of  being  first-rate — 
he  was  on  the  whole  loyal  to  the  country  he  had  adopted, 
not  only  under  Mexican  but  American  rule.  The  Ameri- 
cans, of  course,  gobbled  him  up,  and  the  city  of  Sacra- 
mento now  stands  on  the  site  of  New  Helvetia,  although 
it  has  had  the  grace  to  preserve  the  fort. 

Pio  Pico,  who  is  remembered  chiefly  because  he  was 
always  agitating  the  question  of  moving  the  capital  down 
to  Los  Angeles,  and  was  the  last  Mexican  governor  of 
California,  was  short  and  very  stout,  with  a  snapping  eye 
and  a  fat  empurpled  nose.  He  had  brains  and  an  ex- 
tremely active  mind,  and  lived  to  a  great  age ;  witnessing 
not  only  the  passing  of  his  own  people,  but  of  several 
generations  of  Americans.  In  his  day  Los  Angeles  was 
a  beautiful  little  pueblo  with  a  church  of  the  mission 

89 


CALIFORNIA 

period  and  a  sleepy  plaza.  It  was  surrounded  by  ranchos 
that  jdelded  abundantly  wheat  and  fruits  and  hides,  for 
it  was  on  the  edge  of  the  rich  San  Gabriel  Mission. 

Don  Jose  de  la  Guerra  y  Noriega  built  his  large  adobe 
house  (Casa  Grande),  which  covers  three  sides  of  a  court, 
in  1826,  and  moved  into  it  from  the  presidio,  where  he 
so  often  had  been  comandante  until  politics  claimed 
him.  It  was  from  this  house  that  the  great  wedding 
took  place  described  by  Dana.  Of  his  vast  estate  twenty- 
five  thousand  acres  remain — the  Rancho  San  Julian — the 
property  of  one  of  his  granddaughters  and  her  children. 
Casa  Grande  is  in  an  almost  perfect  state  of  preservation, 
and  occupied  by  two  other  daughters  of  his  son,  Don 
Pablo  de  la  Guerra,  who  for  several  years  after  the  Ameri- 
can occupation  played  an  important  part  in  politics. 

It  was  during  Alvarado's  administration  that  the 
establishment  of  Dolores,  legally  converted  into  the 
Pueblo  San  Francisco,  was  made  the  capital  of  the  north- 
em  subdistrict,  and  the  peninsula  entered  upon  yet 
another  phase  of  its  history ;  although  the  site  of  modem 
San  Francisco  was  still  called  Yerba  Buena.  The  priests, 
shorn  of  their  great  estates,  either  returned  to  Mexico 
or  clung  to  their  mission  churches  and  the  crumbling 
rooms  alongside;  the  gente  de  razon  still  attended  mass. 
It  was  seldom  that  an  Indian  entered  the  doors  of  Dolores 
or  any  other  mission,  after  secularization.  They  con- 
tinued to  live  in  their  rancherias,  unless  they  wandered 
off  to  the  mountains  or  more  interior  valleys;  but  they 
relapsed  into  a  deeper  degradation,  assisted  by  aguardiente, 
than  had  characterized  them  before  they  enjoyed  the 
edif3ring  example  of  the  white  man. 

Alvarado's  administration  also  was  notable  for  the 

90 


THE    MEXICAN   GOVERNORS— II 

first  discovery  of  gold  in  California.  In  1842  a  ranchero 
named  Francisco  Lopez,  living  on  Piru  Creek  about  thirty- 
five  miles  west  of  Los  Angeles,  took  his  noonday  siesta 
under  a  tree  one  day,  and,  as  he  awoke,  absently  played 
with  a  clump  of  wild  onions.  The  roots  were  dislodged, 
and  as  the  sleepy  ranchero  regarded  his  trophy  his  eyes 
opened  wider  and  wider  until  he  sat  up  quite  straight. 
The  roots  were  glittering  with  bright  yellow  particles, 
which,  he  made  no  doubt,  were  gold.  He  was  not  the 
man  to  keep  a  secret.  There  was  a  rudimentary  gold- 
rush  ;  and,  although  the  news  did  not  leave  the  state,  about 
eight  thousand  dollars  were  panned  out  between  the 
Santa  Clara  River  and  Moimt  San  Bernardino.  But  its 
story  was  forgotten  after  1848. 

In  1842,  Alvarado's  health  failing,  he  asked  to  be  re- 
lieved; and  Manuel  Micheltorena  was  sent  from  Mexico 
as  Gohernador  propietario.  Of  course  there  was  another 
war.  This  time,  however,  it  was  not  only  that  several 
ambitious  men  wanted  the  position,  but  the  entire  de- 
partment had  just  cause  for  complaint.  Micheltorena 
arrived  with  an  "army"  three  hundred  and  fifty  strong 
(Mexico  having  decided  that  it  was  time  to  reinforce 
California),  composed  of  the  scoiuings  of  the  prisons. 
Without  a  jacket  or  a  pantaloon  between  them,  and  clad 
in  tattered  blankets,  with  manners  and  morals  on  a  par  with 
their  appearance,  this  present  from  the  Mexican  stepmother 
was  regarded  by  the  proud  Californians  as  a  bitter  insult. 

To  add  fuel  to  the  flame,  Micheltorena  halted  at  Los 
Angeles  and  announced  that  he  should  make  it  the  capi- 
tal of  California  during  his  administration.  His  reason 
was  not  inadequate.  The  United  States,  in  the  person  of 
Commodore  Thomas  Ap  Catesby  Jones,  had  made  a  pre- 

91 


CALIFORNIA 

mature  seizure  of  Califomia,  and  occupied  Monterey  at 
that  moment ;  being  under  the  impression  that  Mexico  and 
the  United  States  were  at  war,  and  having,  as  he  thought, 
raced  a  British  squadron  from  Peru.  Finding  that  the 
information  upon  which  he  had  acted  was  in  both  cases 
false,  or,  at  least,  premature,  he  apologized  on  the  day- 
following  his  landing  and  elevation  of  the  American  flag 
on  the  custom-house  (October  19th),  and  withdrew  from 
Mexican  waters.  But  Califomia  did  not  forgive  a  gov- 
ernor, particularly  when  commanding  an  "army"  of  his 
own,  for  not  advancing  at  once  upon  the  intruder.  Michel- 
torena  seems  to  have  possessed  a  genius  for  doing  the 
wrong  thing.  His  next  offense  was  an  attempt  to  restore 
the  mission  lands  to  the  Church,  which,  of  course,  would 
have  meant  the  dislodgment  of  the  now  wealthy  rancheros. 
He  did  restore  twelve  mission  churches  to  the  mission- 
aries, and  ordered  the  Indians  to  return  to  their  old 
allegiance.  But  this  was  a  mere  farce  and  pleased  no 
one.  Then  he  turned  his  attention  to  reducing  the 
salaries  of  high  officials  who  had  done  little  more  than 
draw  them,  and  the  department  reverberated.  He  at- 
tempted to  accomplish  something  in  the  cause  of  educa- 
tion, but  with  little  success,  and  he  took  certain  active 
if  futile  measures  to  prepare  California  for  the  inevitable 
war  with  the  United  States.  But  he  could  win  no  favor 
from  the  Calif ornians.  His  own  offenses  were  supple- 
mented by  the  abominations  of  the  imported  troops, 
who  clothed  themselves  as  they  listed  and  fed  from  any 
larder  that  pleased  them.  No  woman  dared  venture 
abroad,  and  if  Los  Angeles  temporarily  realized  her  am- 
bition she  payed  dearly  for  the  privilege,  for  she  lost  her 
popularity  as  a  resort  even  in  the  south, 

92 


THE   MEXICAN   GOVERNORS— II 

Micheltorena  arrived  in  1842.  The  Calif omians  stood 
him  until  November,  1844.  Alvarado,  although  adminis- 
trator of  the  custom-house  at  Monterey,  spent  the  greater 
part  of  his  time  on  his  rancho,  for  he  seems  never  to  have 
recovered  his  health.  However,  he  was  called  upon  to 
head  a  revolution,  and  responded  promptly.  Vallejo 
being  reluctant,  as  usual,  the  northern  army  marched 
south  under  the  command  of  General  Castro  and  of 
Alvarado  himself.  To  their  amazement,  Sutter  marched 
his  forces  to  the  support  of  Micheltorena ;  and,  although 
he  was  bitterly  repentant  later  on  and  tried  to  explain 
his  conduct  with  the  excuse  that  he  had  believed  his 
allegiance  to  be  due  to  his  governor,  he  never  regained 
his  old  prestige  with  the  Californians. 

Alvarado  and  Castro  made  short  work  of  Micheltorena, 
his  troops,  and  his  allies.  They  ran  him  out  in  Feb- 
ruary, 1845. 

Pio  Pico  succeeded  him,  becoming  governor  of  the 
Calif ornias  in  May,  1845.  But  during  his  administra- 
tion events  occurred  too  big  with  significance  and  results 
to  be  included  in  the  accoimt  of  any  Mexican  governor's 
administration.  They  marked  the  beginning  of  Cali- 
fornia's American  era,  and  must  be  treated  separately. 
Not  even  Alvarado's  hand  could  have  stayed  them;  and 
Pico,  almost  forgetting  his  morbid  loyalty  to  Los  Angeles, 
could  only  stalk  about  Monterey  and  fume,  flee  to  Mexico, 
return  and  proclaim  himself  governor  in  a  brave  little 
attempt  to  defy  the  hated  gringo,  and  finally  subside. 
The  superstitious  may  like  to  hear  that  he  was  not  only 
the  last  Mexican  governor  of  California,  but  the  thirteenth. 


VII 

FREMONT  AND  THE  BEAR-FLAG  REVOLUTION 

In  1835  the  United  States  offered  to  buy  California 
from  Mexico.  The  offer  was  rejected;  Mexico  knew 
that  she  had  practically  lost  Texas,  and  had  no  desire 
to  curtail  her  American  possessions  further. 

The  American  colony  in  Texas  was  very  large.  In 
1835,  wearying  of  the  tyrannies  of  Mexico,  they  declared 
their  independence,  and  for  nearly  a  year  waged  a  san- 
guinary war  with  the  Mexican  troops  sent  to  exterminate 
them.  On  April  2 1 , 1 83  6,  the  Texas-American  forces  imder 
Sam  Houston  completely  routed  the  enemy  and  took  Santa 
Anna  prisoner.  The  United  States,  in  spite  of  its  desire 
to  expand  westward,  adroitly  refused  to  annex  Texas 
until  its  independence  had  been  recognized  by  Mexico, 
having  no  excuse  as  yet  to  violate  that  elastic  myth  known 
as  the  faith  of  nations.  Texas  was  told  to  go  ahead  and 
prove  its  power  to  stand  alone  and  establish  a  govern- 
ment which  the  world  would  be  compelled  to  recognize. 
Texas  did  the  best  she  could ;  but,  being  constantly  har- 
assed by  Mexico,  she  once  more  asked  the  boon  of  an- 
nexation in  1845.  She  had  at  least  maintained  her  in- 
dependence for  eight  years,  and  this  time  the  United 
States  was  prepared  to  respond.  No  one  could  now  ac- 
cuse her  of  grabbing  the  greater  part  of  another  republic 
at  the  first  excuse,  but  she  had  been  impatiently  awaiting 

94 


THE    BEAR-FLAG    REVOLUTION 

the  right  moment  to  become  embroiled  with  Mexico  and 
acquire  CaHfomia. 

The  United  States  cared  little  about  Texas  one  way  or 
another,  and  she  might  be  working  out  her  own  destiny 
still  had  she  not  been  useful  as  a  cat's-paw.  It  was  Cali- 
fornia that  the  government  had  its  eye  on,  and  under- 
ground wires  had  been  humming  for  several  years.  The 
gold  discovery  of  1842  had  attracted  little  attention,  nor 
was  the  cupidity  of  the  United  States  particularly  excited 
by  the  letters  of  the  American  settlers — which  frequently 
found  their  way  into  the  newspapers — although  the  glow- 
ing accounts  of  soil  and  climate  were  responsible  for  many 
an  emigrant  train.  It  was  the  Bay  of  San  Francisco  that 
the  government  wanted  and  was  determined  to  possess. 
At  first,  no  doubt,  the  powers  in  Washington  hoped  that 
the  American  emigrants  would  solve  the  problem  as  they 
had  done  in  Texas,  and  every  means,  subtle  and  open, 
was  employed  to  encourage  the  farmers  of  states  where 
nature  had  done  little  for  soil  and  less  for  climate  to  take  the 
long  trip  across  plains  and  mountains  to  a  land  abundantly 
provided  with  milk  and  honey.  Thousands  rose  to  the 
bait,  poured  over  the  Sierras,  and  pitched  their  tents  in 
the  great  Central  Valley,  to  the  dismay  of  Alvarado  and 
Castro  and  the  secret  exultation  of  Vallejo  and  Sutter; 
who,  if  not  so  loyal,  were  the  first  to  appreciate  the  advan- 
tage California  would  reap  if  delivered  over  to  the  enter- 
prising American.  That  it  would  mean  their  own  ruin 
never  occurred  to  them.  They  believed  that  France  had 
machinated,  and  that  England  hovered  ready  to  pounce, 
and  for  reasons  best  known  to  themselves  they  preferred 
the  neighbor  next  door.  An  Irish  priest  named  McNamara 
dreamed  of  bringing  two  thousand  Irish  families  to  Cali- 

7  95 


CALIFORNIA 

fornia,  driving  out  the  Spaniards  and  the  Americans,  and 
restoring  the  mission  lands  to  the  Church;  although  he 
talked  of  colonization  only.  Pio  Pico  favored  this  scheme, 
if  only  to  spite  the  Americans.  All  knew  that  war  be- 
tween Mexico  and  the  United  States  was  inevitable. 

Colonization  is  slow  work.  The  policy  of  the  United 
States  has  never  been  a  bold  aggressive  one  in  regard  to 
conquest.  No  country  has  ever  been  more  certain  of 
what  she  wants  or  more  certain  of  getting  it;  but  she 
refuses  to  grab,  partly  owing  to  an  innate  sense  of  jus- 
tice, partly  to  a  youthful  taste  for  being  patted  on  the 
back,  and  an  equal  distaste  for  criticism.  In  the  begin- 
ning, no  doubt,  hers  was  the  policy  of  a  weak  nation  too 
wise  to  offend  the  great  across  the  sea,  but  inherited 
Anglo-Saxon  pharisaism  may  have  had  something  to  do 
with  it.  To-day  it  is  a  settled  poHcy;  and,  although  the 
United  States  has  offered  to  buy  and  has  bought,  no  one 
can  deny  that  she  can  acquire  more  territory  at  less  ex- 
penditure of  blood  and  money  than  any  nation  in  history. 
No  one  has  ever  been  bom  as  shrewd  as  a  Yankee,  nor 
as  persistent,  nor  as  fathomless,  under  his  straightfor- 
ward simple  guile.  If  the  United  States  ever  falls  into 
decay,  after  the  fashion  of  certain  European  states,  it 
will  be  because  she  has  permitted  the  scourings  of  those 
states  to  swamp  and  exterminate  the  original  Yankee. 

And  so  it  was  in  the  early  forties.  Thomas  O.  Larkin, 
it  is  now  known,  drew,  in  addition  to  his  pay  as  United 
States  Consul  to  California,  the  sum  of  six  dollars  per 
diem  for  what  in  these  crisp  days  would  be  termed  "keep- 
ing on  the  job  all  the  time."  It  was  his  duty  to  win 
the  confidence  of  the  leading  Californians  and  inspire 
them  with  belief  in  the  friendship  of  the  United  States 

96 


THE    BEAR-FLAG   REVOLUTION 

for  this  insulted  and  neglected  department  of  Mexico; 
to  animate  them  with  a  love  of  freedom,  particularly 
under  the  protection  of  the  United  States  flag;  but  if 
the  idea  of  a  change  of  flags  alarmed  them — ^for  the 
Spaniards,  too,  have  an  adage  combining  the  frying-pan 
and  the  fire — then  he  was  to  intrigue  merely  to  separate 
them  from  Mexico  and  persuade  them  to  cast  themselves 
upon  the  protection  and  sympathy  of  a  sister  republic. 
Moreover,  he  was  never  to  let  them  forget  the  wicked 
intentions  of  England  and  France,  which  had  shown  their 
hands  so  plainly  by  impertinent  explorers,  and  squadrons 
at  no  great  distance  from  Pacific  shores. 

The  minds  of  the  Califomians  being  duly  prepared,  the 
United  States,  which  also  had  a  squadron  in  the  Pacific, 
would,  upon  the  outbreak  of  hostilities  with  Mexico,  run 
up  the  flag  in  Monterey  and  San  Francisco  as  a  natural 
act  of  war,  without  opposition  from  the  local  authorities — 
it  was  hoped  with  their  joyous  consent.  Larkin  did  his 
duty  faithfully.  He  nursed  along  the  leaders  of  thought 
and  politics  in  the  country  he  sincerely  loved,  planted 
American  ideas  in  those  bright  but  often  empty  brains, 
and  even  succeeded  in  quieting  the  apprehensions  of  all 
but  a  few  regarding  the  long  trains  of  emigrant  wagons 
rolling  like  a  thin  cascade  over  the  western  flanks  of  the 
Sierras.  All  was  going  well,  and  the  war-cloud  was  slow- 
ly rising  on  the  horizon  and  taking  such  shape  and  form 
as  would  compel  the  United  States  to  do  the  proper 
thing,  when  a  yoimg  man  upset  Larkin's  apple-cart  as 
Jameson  upset  Cecil  Rhodes 's.  His  name  was  John 
Charles  Fremont. 

So  completely  forgotten  is  this  remarkable  man  that 
it  is  difficult  to  realize  that  in  the  forties  and  fifties  he 

97 


CALIFORNIA 

was  the  idol  of  the  American  boy,  and  was  very  close  to 
being  carried  by  a  popular  wave  straight  into  the  White 
House.  "The  Pathfinder"  at  the  age  of  twenty-three 
had  accompanied  the  French  geographer  Nicolett  in  his 
capacity  of  lieutenant  of  topographical  engineers,  to  ^- 
plore  the  northwestern  prairies;  and  three  years  later 
was  in  sole  command  of  an  expedition  to  explore  the 
South  Pass  of  the  Rocky  Mountains,  which  opens  the 
way  to  the  Colimibia  River  valley.  Emigration  was  being 
encouraged  not  to  California  alone.  The  ostensible  pur- 
pose of  this  and  the  two  following  expeditions  was  to 
mark  out  a  suitable  overland  trail  for  emigrants  and 
select  the  proper  sites  for  forts;  but  Fremont  seems  to 
have  received  instructions  from  Benton,  at  least,  never 
for  a  moment  to  lose  sight  of  the  principal  object  in  spread- 
ing a  net  over  the  continent,  which  was  to  get  the  Eng- 
lish out  of  Oregon  and  prevent  them  from  getting  into 
California.  The  immediate  result  of  these  expeditions 
was  an  enormous  public  interest  in  the  West  and  desire 
for  its  ownership.  Fremont's  reports,  published  by  the 
government  and  widely  distributed,  became  the  most 
popular  literature  of  the  day.  Here  were  genuine  hard- 
ships heroically  endured,  encounters  with  Indians  in 
which  real  blood  was  spilled,  harrowing  adventures  of 
every  sort  in  which  man's  personal  bravery  and  wit 
triumphed  over  Nature — and  all  told  in  a  vivid  and  fas- 
cinating style.  There  can  be  little  doubt  that  Fremont 
was  selected  for  these  expeditions  as  much  for  the  manner 
in  which  he  was  able  to  portray  the  advantage  of  a  region 
coveted  by  the  United  States,  as  for  his  talents  as  a  path- 
finder and  his  scientific  attainments. 
Everything  was  in  Fremont's  favor,  not  only  to  make 

98 


THE    BEAR-FLAG    REVOLUTION 

him  a  popular  hero  and  current  "best-seller,"  but  to  give 
him  immortal  fame.  Bom  of  a  good  family  in  Savannah, 
Georgia  (January  21,  18 13),  at  the  time  he  first  appeared 
upon  the  scene  he  was  young,  dashing,  fearless,  the  bom 
explorer  and  adventurer,  and  in  appearance  slender,  ad- 
mirably proportioned,  and  woiild  have  been  handsome 
had  he  not  cultivated  a  bushy  beard  and  had  not  Nature 
presented  him  with  a  somewhat  hard  and  staring  eye. 
But  youth  and  fame  cover  all  defects,  and  for  many  years 
he  was  the  most  gallant  and  picturesque  of  America's 
heroes. 

Upon  his  return  to  Washington  after  his  expedition 
with  Nicolett  he  made  a  friend  of  Senator  Benton  of 
Missouri,  who  had  a  bright  and  handsome  daughter. 
With  her  he  fell  in  love  in  his  usual  headlong  fashion, 
and  seems  to  have  had  little  or  no  difficulty  in  rousing  a 
like  ardor  in  Miss  Benton.  The  romantic  young  couple 
saw  fit  to  elope,  but  were  quickly  forgiven,  and  then 
Benton  and  Fremont  laid  their  heads  together. 

The  government  sent  Fremont  on  the  second  expedi- 
tion (1843),  during  which  he  reconnoitered  Oregon  and 
California.  There  was  much  uneasiness  in  Washington 
over  England  in  Oregon.  As  a  matter  of  fact,  that  astute 
nation  when  she  lost  California  relinquished  Oregon  as 
not  worth  fighting  about;  but  there  was  no  doubt  in 
the  government's  mind  that  she  coveted  the  whole  Pacific 
coast  in  the  northern  hemisphere.  The  time  had  come 
to  strike,  and  the  war-cloud  was  permitted  to  rise. 

Polk  became  President  of  the  United  States  in  March, 
1845,  ^^d  he  made  no  secret  of  his  determination  to  ac- 
quire California.  He  would  have  purchased  it,  but  this 
was  recognized  as  impossible  before  Fremont  started 

99 


California 

upon  his  third  expedition.  Fremont  claims  that  he  had 
a  secret  understanding  with  the  government  to  walk 
warily  but  to  act  at  his  own  discretion.  The  Pacific 
squadron  received  orders  to  seize  the  ports  of  California 
as  soon  as  war  was  declared ;  and,  although  no  such  defi- 
nite instructions  could  be  given  to  a  young  engineer  in 
charge  of  a  topographical  expedition,  there  seems  no 
reason  to  doubt  that  Fremont,  encoiu*aged  by  his  father- 
in-law,  with  whom  it  was  a  ruling  passion  to  acquire 
Oregon  and  California,  and  assisted  also  by  his  not  in- 
considerable faith  in  himself  and  his  exalted  destiny, 
believed  in  this  silent  commission  from  the  government. 
He  was  not  a  model  of  discretion,  but  he  was,  all  things 
considered,  a  necessary  tool  at  the  moment;  and  there  is 
little  doubt  that  the  government  fully  intended  to  use 
him,  and  then  applaud  or  repudiate  him  later,  as  cir- 
cumstances might  dictate. 

In  December,  1845,  Fremont  had  crossed  the  Sierras 
and  was  for  the  second  time  a  visitor  at  Sutter's  Fort. 
Thence  he  rode  down  to  Monterey  to  enlist  the  influence 
of  the  consul,  Mr.  Larkin,  with  the  authorities,  as  he  wished 
to  bring  his  men  to  one  of  the  settlements  and  replenish 
their  ragged  outfits,  as  well  as  to  buy  new  saddles  for  the 
horses  and  lay  in  the  necessary  supplies  for  his  "geo- 
graphical expedition."  Pico  was  away,  but  Larkin  took 
him  to  call  on  General  Castro,  the  prefect,  the  alcalde, 
and  Alvarado.  He  informed  these  dignitaries  that  he 
was  engaged  in  surveying  the  nearest  route  from  the 
United  States  to  the  Pacific  ocean,  the  object  of  the  sur- 
vey being  geographical  and  in  the  interests  of  science 
and  commerce.  He  made  his  usual  good  impression, 
and,  the  necessary  permission  being  given,  he  sent  for 

100 


THE    BEAR-FLAG    REVOLUTION 

both  sections  of  his  divided  party  and  met  them  at  a 
vacant  rancho  about  thirteen  miles  south  of  San  Jos6. 
Here  he  remained  imtil  the  2 2d  of  February,  purchasing 
horses  and  suppHes  and  refitting  his  men. 

Meanwhile  Castro  and  Alvarado  had  been  laying  their 
heads  together.  They  knew  that  Fremont  was  a  son- 
in-law  of  the  powerful  Senator  Benton,  so  deep  in  the 
confidence  of  the  United  States  government;  and  he  had 
a  retinue  of  sixty  men,  a  large  number  to  the  Califor- 
nians,  whose  army  rarely  exceeded  three  or  four  hundred. 
Fremont  had  asserted  that  these  men  were,  with  the  ex- 
ception of  the  himters  and  trappers,  strictly  scientific, 
and  unarmed;  but  Castro  had  his  doubts.  Fremont  also 
had  had  the  imprudence  to  remark  casually  that  ten 
thousand  American  colonists  were  prepared  to  emigrate 
to  California  and  Oregon  in  the  spring.  What  more  like- 
ly than  that  this  subtle  gringo  had  come  to  consolidate 
the  Americans  already  in  the  country  and  provoke  an 
uprising  ?     Better  be  rid  of  him  at  once. 

It  was  no  difficult  matter  to  involve  one  of  Fremont's 
men  in  a  row  with  a  Califomian  over  a  woma»,  and  then 
protest  that  the  California  women  were  not  safe  when 
gringos  were  about.  Castro  wrote  Fremont — who  was 
now  in  the  Salinas  Valley — a  peremptory  order  to  leave 
the  country  immediately. 

But  Fremont  had  no  intention  of  doing  anything  of  the 
sort.  It  was  too  soon  to  give  battle,  for  as  yet  there 
was  no  news  of  the  outbreak  of  hostilities  between  Mexico 
and  the  United  States ;  but  he  returned  word  by  the  mes- 
senger that  he  would  not  comply  with  an  order  that  was 
an  insult  to  his  government.  The  next  morning  he  moved 
his  camp  to  the  summit  of  Gavilan  Peak ;  and  his  men, 

191 


CALIFORNIA 

who  were  jubilant  at  the  idea  of  a  possible  fight,  built  a 
log  fort  and  unfurled  the  American  flag.  From  this 
eminence  he  could  see  the  green  Salinas  Valley  in  all  di- 
rections and  San  Jos6  in  the  distance.  At  his  feet  was 
the  beautiful  Mission  San  Juan  Bautista,  the  residence 
of  General  Castro,  and  other  buildings  about  the  plaza. 
It  may  be  imagined  that  the  fort  on  Gavilan  made  a 
sensation.  Every  hour  the  rancheros  rode  into  San 
Juan  and  tied  their  horses  in  the  plaza  and  volubly  dis- 
cussed the  audacity  of  a  gringo  of  America,  a  nation 
incredibly  young,  insignificant,  plebeian,  but  withal  ag- 
gressive, to  intrench  himself  and  run  up  his  ridiculous 
flag.     Incidentally  they  hoped  for  battle. 

But  Fremont's  designs  were  deep  and  well  ordered. 
On  the  second  day  he  saw  a  party  of  cavalry  ascending 
Gavilan  Peak  and  made  ready  to  defend  himself.  Noth- 
ing would  have  pleased  him  better  than  an  attack,  for 
this  would  have  been  an  act  of  aggression  on  the  part  of 
Mexico  and  directed  against,  not  himself,  but  the  Amer- 
ican flag;  and  his  men  were  all  armed  and  experienced 
sharp-shooters.  But  the  cavalry  suddenly  wheeled  and 
rode  down  the  mountain.  Fremont  waited  another  day 
and  then  reluctantly  withdrew.  It  was  evident  that 
Castro  also  had  no  desire  for  the  doubtful  fame  of  pre- 
cipitating war. 

Fremont  withdrew  up  the  valley,  and  after  a  week  at 
Sutter's  Fort,  where  he  bought  more  horses,  he  began 
to  march  toward  Oregon,  announcing  publicly  that  he 
should  return  thence  to  the  United  States.  He  did  not 
make  any  undue  haste,  however,  and  while  he  was  camping 
on  the  shores  of  Klamath  Lake  he  was  overtaken  by  two 
men  from  Sutter's  Fort  and  informed  that  Lieut.  A.  H. 

Z02 


JOHN    A.    SUTTER 


JAMES    W.    MARSHALL 


GEN.    JOHN    C.    FREMONT 


GEN.    M.    G.    VALLEJO 


THE    BEAR-FLAG    REVOLUTION 

Gillespie  had  arrived  with  despatches  for  him  from  the 
United  States  government  and  was  under  directions  to 
find  him,  wherever  he  might  be.  He  had  trailed  him  for 
many  weary  leagues  north  of  the  fort,  and  was  now  in 
camp  some  forty-five  miles  south  and  surrounded  by 
dangers  from  hostile  Indians.  "Then,"  says  Fremont, 
"I  knew  that  the  hour  had  come!" 

When  Fremont  was  examined  in  1847-48  before  the 
Claims  Committee  in  Washington  he  "protected"  the 
United  States  with  masterly  evasions,  but  many  years 
later,  both  in  articles  over  his  own  name  and  in  an  inter- 
view with  Josiah  Royce,  he  asserted  that  the  messages 
from  headquarters — destroyed  by  Gillespie  before  enter- 
ing Mexico — conveyed  to  him  the  authoritative  informa- 
tion that  the  United  States  purposed  to  seize  California, 
and  that  he  was  absolved  from  his  duty  as  an  explorer 
and  left  to  perform  his  duty  as  an  officer  of  the  United 
States.  As  for  Senator  Benton's  letters  delivered  by 
Gillespie,  veiled  as  the  language  was,  it  was  clear-cut  to 
Fremont.  "His  letters,"  said  he,  "made  me  know  dis- 
tinctly that  at  last  the  time  had  come  when  England 
must  not  get  a  foothold;  that  we  must  be  first.  I  was  to 
act,  discreetly  but  positively." 

It  must  be  borne  in  mind  that  Fremont  was  the  only 
United  States  army  officer  in  California  at  that  time. 
Captain  Montgomery,  commanding  the  Portsmouth,  was 
anchored  off  Yerba  Buena,  and  Commodore  Sloat  had 
sent  the  Cyane  and  the  Levant  to  Monterey.  Sloat  him- 
self was  hovering  about  Mazatlan  awaiting  definite  news 
of  war  before  sailing  for  California;  but  in  all  that  vast 
and  coveted  territory  Fremont  alone  represented  the 
army  of  his  coimtry.     If  he  felt  a  trifle  important  and 

103 


CALIFORNIA 

disposed  to  act  on  his  own  initiative,  who  shall  blame 
him?  The  trouble  with  Fremont  was  not  so  much  that 
he  thought  too  well  of  himself  during  this  momentous 
chapter  of  his  country's  history,  but  that  he  was  not  so 
justified  as  certain  other  men  have  been  in  similar  con- 
ditions. 

The  immediate  result  of  that  meeting  in  the  northern 
wilderness,  after  the  Indians  had  been  disposed  of,  was 
that  Fremont  and  his  little  company  marched  south  and 
camped  near  the  Marysville  Buttes — a  fine  range  of 
mountains  rising  abruptly  out  of  the  valley  floor.  Short- 
ly afterward  all  the  American  ranchers  north  of  the  bay 
received  an  anonymous  paper  stating  that  two  hundred 
and  fifty  Calif ornians  were  on  their  way  to  the  Sacra- 
mento Valley,  destroying  the  crops,  slaughtering  the  cat- 
tle, and  burning  the  houses  of  the  settlers.  Men  who 
valued  their  liberty  were  advised  to  go  at  once  to  the 
camp  of  Captain  Fremont.  A  large  number  responded, 
and  the  captain  informed  them  that,  while  he  could  not, 
as  an  officer  of  the  United  States  army,  commit  any 
act  that  might  be  construed  as  a  hostility  by  a  nation 
which,  so  far  as  he  knew,  was  still  at  peace  with  his  own 
country,  he  could  and  would  give  them  some  friendly 
advice.  The  advice  was  as  follows:  They  should  elect 
ten  or  twelve  of  their  number  to  harass  the  California 
troops;  if  possible  they  should  secure  the  leaders  and 
incarcerate  them,  thus  possibly  provoking  the  fiery 
Castro,  already  irritated  almost  beyond  endurance  with 
Fremont  and  Americans  in  general,  to  commit  some  overt 
act  of  hostility  against  the  United  States.  It  would  also 
be  advisable  to  have  horses  in  readiness  upon  which  to 
jBee  the  country. 

J04 


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THE    BEAR-FLAG   REVOLUTION 

The  first  act  of  the  northern  drama  was  the  seizing  of 
two  hundred  and  fifty  horses  which  Francisco  d'Arce  and 
fourteen  vaqueros  (the  bugaboo  army)  were  driving  down 
to  Castro's  camp  at  Santa  Clara.  The  American  party, 
headed  by  one  Ezekial  Merritt,  captured  the  horses,  re- 
turned with  the  booty,  and  informed  Fremont  that  he  had 
told  Arce  to  tell  Castro  that  if  he  wanted  his  horses  to 
come  and  get  them.  Then  occured  the  Bear  Flag  episode, 
and  whether  Fremont  suggested  or  encouraged  it  may 
never  be  known.  Historians  disagree ;  Ide — possibly  out 
of  personal  vanity — says  that  it  was  his  own  idea,  and 
Fremont  himself  indignantly  repudiates  it.  However 
this  may  be,  there  is  no  doubt  that  it  was  he  who  de- 
spatched a  force  of  settlers,  again  under  Merritt,  to  Sonoma 
to  take  General  Vallejo  prisoner,  although  he  remained 
himself  in  the  background. 

There  were  no  soldiers  in  the  Sonoma  garrison  at  the 
time,  as  the  troops  were  concentrated  at  Monterey  and 
Los  Angeles,  Castro  and  Pio  Pico  being  engaged  in  a 
furious  controversy  over  the  capital  of  the  department, 
and  both  expecting  to  receive  the  news  of  war  at  any 
moment.  Vallejo  occupied  a  large  house  on  one  side  of 
the  square,  and  close  by  were  the  houses  'of  Salvator 
Vallejo,  Victor  Prudon,  and  Jacob  P.  Leese.  The  bar- 
racks occupied  another  side  of  the  plaza,  and  in  the 
northeast  corner  was  the  mission  church. 

Just  before  sunrise  of  June  14th  the  Americans,  having 
stolen  into  the  pueblo  at  midnight,  surrounded  the  house 
of  General  Vallejo ;  and  Merritt,  Dr.  Semple,  and  William 
Knight  rapped  loudly  on  the  front  door.  Vallejo,  when 
invited  to  lead  civil  revolutions,  may  have  declined 
through  moral   cowardice  or  cynicism,   but   there  was 

105 


CALIFORNIA 

never  any  dispute  over  his  physical  bravery  and  his 
dignity  as  a  soldier.  He  haughtily  stuck  his  head  out  of  a 
window  and  demanded  to  know  who  and  what  they  were 
that  they  dared  to  disturb  a  personage  of  his  importance 
at  that  hour  of  the  night.  While  the  trio  were  endeavor- 
ing to  explain  through  Knight,  who  acted  as  interpreter, 
Salvator,  Leese,  and  Prudon  were  escorted  to  Vallejo's 
"corridor"  by  an  armed  guard,  and  then  Knight  an- 
nounced unequivocally  that  the  Sonomans  were  prisoners. 
It  was  not  necessary  to  mention  Fr6mont's  name.  The 
Americans  had  real  grievances  and  cause  for  uneasiness: 
General  Castro  had  issued  a  proclamation  ordering  all 
Americans  to  become  Mexicans  at  once  or  leave  the 
country. 

The  dawn  was  breaking,  and  Vallejo  saw  that  the  plaza 
was  filled  with  armed  men.  The  California  rancheros 
north  of  the  bay  were  not  within  call,  and  they  were  far 
outnumbered  by  their  American  neighbors.  He  with- 
drew his  head,  dressed  himself  in  his  uniform,  buckled  on 
his  sword,  and  then  opened  his  doors  and  invited  the 
three  leaders  to  come  in  and  have  a  glass  of  wine.  The 
door  closed  and  time  passed. 

It  was  very  cold  outside,  as  cold  and  gray  as  California 
dawns  usually  are.  Those  awaiting  the  return  of  the 
chiefs  became  first  impatient  and  then  alarmed.  Could 
Messrs.  Semple,  Merritt,  and  Knight  be  poisoned?  One  of 
their  number,  John  Grigsby,  was  elected  to  enter  the Jiouse 
and  return  at  once  with  a  report.  Grigsby  entered  with- 
out the  formality  of  knocking;  and  he  also  did  not  return. 
More  indignant,  and  still  more  alarmed,  the  victors  laid 
their  heads  together  and  finally  induced  William  Ide  to 
venture  within. 

zo6 


THE    BEAR-FLAG    REVOLUTION 

Ide  knocked,  but  there  was  no  response.  He  opened 
the  door  and  found  his  way  to  the  large  dining-room. 
Merritt  was  lying  half  across  the  table  among  the 
empty  glasses  and  bottles,  asleep.  Grigsby  also  slept. 
Knight's  head  was  nodding  on  his  chest.  Semple,  who 
seems  to  have  carried  his  liquor  better,  was  writing  the 
formal  articles  of  capitulation.  Three  of  the  prisoners 
were  smoking  and  yawning.  General  Vallejo  regarded 
his  guests  with  some  philosophy.  They  could  take  him 
prisoner,  but  he  had  made  fools  of  them. 

Ide  went  outside  with  the  articles  of  capitulation  and 
read  them  to  the  Americans.  Over  Spanish  and  American 
signatures  was  an  agreement  by  the  Califomians  to  sub- 
mit and  to  bear  no  arms,  and  an  announcement  that  a 
government  had  been  established  on  the  principles  of  the 
Republic  of  the  United  States.  Seciuity  of  life  and  prop- 
erty was  promised  to  the  prisoners. 

The  next  question  was  what  to  do  with  the  illustrious 
quarry.  Some  were  for  marching  them  to  Fremont's 
camp.  Grigsby  staggered  out  and  demanded  what  were 
the  orders  of  Fr6mont.  Then  it  was  that  the  Americans 
learned  one  from  the  other  that  the  wily  Fremont  had 
given  no  orders,  leaving  all  to  the  discretion  of  his  wise 
and  gallant  countrymen.  Grisgby  fell  into  a  drunken 
panic,  vowed  he  had  been  deceived,  and  would  run  away. 
Semple  ran  him  back  into  the  house  lest  his  panic  be  com- 
mimicable;  and  there  might,  indeed,  have  been  a  general 
and  ignominious  stampede  had  not  Ide,  who,  despite  his 
absurdities,  possessed  some  of  the  qualities  of  leadership, 
rallied  them  by  crying  out  that  rather  than  play  the  part 
of  a  coward  he  would  remain  alone.  He  sprang  on  a  box 
and  made  a  speech,  reminded  them  of  all  the  wrongs,  real 

J07 


CALIFORNIA 

and  imaginary,  they  had  endured  at  the  hands  of  the 
Calif ornians,  and  darkly  hinted  of  worse  to  come;  then, 
having  propped  up  those  wilted  spirits,  he  thundered  that 
there  was  "nothing  now  but  to  see  the  thing  through." 
"We  must  be  revolutionists  or  suffer  the  fate  of  robbers 
and  horse-thieves !"  he  cried ;  and  this  appealed  to  the  true 
American  spirit.  They  proclaimed  Ide  their  leader,  and 
the  next  step  was  to  seize  the  fort.  This  act  was  com- 
mitted against  the  will  of  Semple  and  the  now  compara- 
tively sober  Merritt  and  Grisgby,  for  seizing  the  fort 
meant  the  cannon  and  other  ammunition  in  it  as  well  as 
the  treasury,  and  constituted  an  act  of  war.  Their 
reasoning,  in  the  light  of  their  articles  of  capitulation, 
and  seizure  of  the  comandante  militar,  was  somewhat 
obscure,  but  at  all  events  they  repudiated  the  new  leader 
and  rode  off  with  their  prisoners. 

Ide  was  one  of  those  vainglorious  men  who  deceive 
themselves  (and  others  for  a  time)  with  sounding  phrases, 
refuse  to  recognize  their  itching  desire  for  what  they  call 
fame,  who  are  called  idealists  by  their  friends  and  asses 
by  their  critics,  and  who  are  quite  certain  of  being  ani- 
mated by  a  mixture  of  patriotism,  brotherly  love,  and 
Christianity.  He  had  been  a  carpenter  in  Massachusetts, 
and  was  now  a  farmer,  and  father  of  a  large  brood  in 
California;  a  long,  lank,  hairy  person,  who  waved  his 
arms  and  uttered  many  words. 

His  next  speech  was  a  ringing  declaration  of  indepen- 
dence and  a  demand  for  a  flag.  Fremont  had  provided 
them  with  none,  but  there  was  an  artist  in  the  company, 
who  claimed  later  to  be  a  relative  of  Mrs.  Abraham 
Lincoln.  His  name  was  Todd.  He  found  a  flour-sack, 
which  he  cut  into  the  proper  oblong  shape.    Then  he 

io8 


THE    BEAR-FLAG    REVOLUTION 

pressed  into  service  a  strip  from  the  red-flannel  shirt  of 
another  of  that  gallant  band  and  sewed  the  red  to  the 
white.  Then  he  found  a  pot  of  paint  and  in  the  northwest 
comer  of  the  "flag"  he  painted  a  star,  and  not  far  away 
the  counterfeit  presentment  of  a  bear  (the  Califomians 
thought  it  was  a  pig)  and  the  proud  words  "California 
Republic."    The  Mexican  flag  was  hauled  down  and  this 


CALIFORNIA   BEAR   FLAG 


work  of  art  and  patriotism  given  to  the  breeze.  The 
Bear-flag  Revolution  entered  history.  The  date  was 
June  14,  1846. 

Ide  organized  his  forces,  prohibited  intoxicants,  re- 
assiired  the  trembling  native  population  (eighteen  in  all), 
promising  them  a  liberty  they  never  yet  had  enjoyed, 
but  warning  them  to  be  his  friends  would  they  live  to 
enjoy  it.  He  frequently  invoked  the  name  of  Washington 
while  haranguing  them.     It  was  the  only  word  of  his  dis- 

109 


CALIFORNIA 

course  they  understood,  but  they  knew  that  the  ablest 
man  of  their  Httle  world,  Juan  Bautista  Alvarado,  ad- 
mired Washington;  so  they  embraced  the  long  ugly 
Yankee  on  both  cheeks  and  promised  to  be  his  loyal 
subjects. 

Fremont  was  growing  restless.  War  had  begun  on 
May  13th;  but,  although  he  assumed  that  this  must  be  the 
case,  he  had  no  information,  and,  full  of  military  ardor  as 
he  was,  had  much  difficulty  to  keep  in  the  background. 
He  moved  his  camp  down  to  New  Helvetia,  and  when 
the  prisoners  arrived  consigned  them  to  the  fort.  This 
act  of  hospitality  must  have  enchanted  both  Sutter  and 
Vallejo.  Nor  could  Fremont  hear  of  any  act  of  reprisal 
on  Castro's  part.  Finally  on  the  23d  he  received  a  letter 
from  William  Ford,  of  the  Bear-flag  party,  begging  him 
to  come  to  Sonoma,  as  the  Americans,  who  had  now  been 
reinforced  and  numbered  one  hundred  and  thirty,  were 
despising  Ide.  He  started  at  the  head  of  seventy-two 
mounted  riflemen,  and  when  he  reached  Sonoma  was 
informed  that  Capt.  de  la  Torre,  of  the  first  division  of 
Castro's  army,  was  in  command  of  the  guerrilla  forces 
north  of  the  bay  and  harassing  the  American  settlers. 
He  ordered  Ford  to  take  command  of  sixty  men  and 
march  on  the  enemy;  he  would  go  along  with  his  seventy- 
two  "to  see  the  sport"  and  "explore  the  neighborhood  of 
the  bay."  Ford,  who  seems  to  have  made  up  in  fervor 
what  he  lacked  in  practice,  ran  De  la  Torre  so  hard  that 
the  Califomian,  little  used  to  real  fighting,  would  have 
scampered  back  across  the  bay  if  Ford  had  not  cornered 
him.  So  he  resorted  to  strategy.  Three  prisoners  were 
taken  by  the  young  American  "general,"  and  in  their 
boots  were  letters  betraying  the  fact  that  Castro  was 

no 


THE    BEAR-FLAG    REVOLUTION 

marching  on  Sonoma.  This  ruse  succeeded,  and  Fremont 
and  Ford  hastened  back  to  Sonoma  while  De  la  Torre 
made  good  his  retreat.  The  three  imfortunate  prisoners 
were  shot  as  an  act  of  vengeance  for  the  death  of  two 
Americans;  the  famous  scout,  Kit  Carson,  who  was  in 
Fremont's  train,  boasting  later  that  he  was  the  execu- 
tioner. Fremont  turned  about  and  pursued  De  la  Torre 
as  far  as  Sausalito,  where  he  discovered  that  the  Cali- 
fornian  and  his  men  had  crossed  the  bay.  He,  too,  bor- 
rowed a  boat,  and  was  rowed  to  Fort  Point.  The  pre- 
sidio was  deserted.  He  spiked  the  fourteen  gims  and 
retiuned  to  Sonoma  on  July  ist. 

But  Castro  had  no  intention  of  attacking  Fremont. 
He  realized  that  the  Americans  were  too  many  and  too 
determined  for  him,  rumors  of  war  were  growing  thicker 
every  hour,  and  there  were  United  States  sloops  of  war 
in  the  San  Francisco  and  Monterey  harbors.  He  and  Pico 
forgot  their  grievances  and  took  counsel  regarding  armed 
resistance  should  the,  enemy  appear  in  force.  The  Cal- 
ifomians  may  have  had  quaint  methods  in  battle,  but 
there  was  never  any  question  of  their  elaborate  and  war- 
like methods  before  the  event. 

Fremont  was  deeply  mortified.  He  had  fully  expected 
that  Castro  would  make  an  attempt  to  rescue  Vallejo. 
He  appeared  to  be  side-tracked  in  Sonoma  with  these 
ridiculous  Bear -flag  warriors,  for  even  Commodore 
Montgomery,  who  had  furnished  him  with  ammunition, 
while  refusing  Ide,  had  declined  to  follow  and  capture 
De  la  Torre.  He  could,  however,  publicly  proclaim  his 
lack  of  affiliation  with  the  Bear-flag  movement,  dispose 
of  the  chief  offenders,  and  prepare  for  another  move.  A 
number  of  naval  officers  had  accompanied  him  back  to 

8  III 


..  CALIFORNIA 

Sonoma,  prestimably  to  "see  the  fun."  Fremont  called 
a  convention  and  stated  explicitly  before  it  that  as  an 
officer  of  the  United  States  army  he  could  not  countenance 
such  an  act  of  aggression  as  the  capture  of  Sonoma,  nor 
could  he  interfere  with  politics  or  attack  the  government; 
but  he  did  not  consider  it  an  act  of  war  to  pursue  and 
capture  Castro,  who  had  insulted  the  government  of  the 
United  States,  and  take  him  to  Washington  as  a  prisoner. 
He  then  invited  the  American  settlers  to  enroll  them- 
selves under  his  banner,  promising  them  protection  and 
provisions  from  his  commissariat,  and  pointing  out  that 
an  undertaking  of  this  sort,  which,  he  hoped,  would  be- 
come a  brilliant  example  to  the  oppressed  throughout  the 
world,  must  be  led  by  capable  and  experienced  officers. 
Ide  protested,  but  was  quickly  overruled.  These  shrewd 
Americans,  whatever  may  have  been  their  secret  opinion 
of  Fremont's  tactics,  liked  and  admired  him  as  much  as 
they  now  despised  Ide.  With  cheers  they  proclaimed  him 
their  chief  and  pronounced  the  Bear-flag  revolution  at 
an  end.  Fr6mont  was  to  lead  the  American  party  in 
California  to  independence.  Once  more  it  looked  as  if 
Fremont  would  be  able  to  provoke  a  battle  and  be  the 
war's  central  figure  in  California ;  and  if  this  had  been  the 
5th  of  Jtme,  who  knows  what  might  have  happened? 

But  it  was  the  5th  of  July.  On  the  26.  Commodore 
Sloat,  having  heard  that  the  Mexican  troops  had  in- 
vaded Texas,  entered  the  Bay  of  Monterey.  On  the 
7th,  although  he  had  as  yet  received  no  confirmation 
of  an  engagement,  he  determined  to  land  and  run  up 
the  American  flag  on  the  custom-house.  Not  only  was  it 
imperative  to  get  ahead  of  the  British  admiral.  Sir  George 
Seymour  of  the  Collingwood,  watching  events  at  San  Bias, 

112 


THE    BEAR-FLAG   REVOLUTION 

but  he  found  the  Califomians  in  a  state  of  war-like  fury 
with  Fremont,  who  for  a  time  at  least  had  the  credit  of 
forcing  the  war.  Sloat  believed  that  Fr6mont  was  acting 
under  positive  information  and  orders;  in  any  case,  he 
rhade  up  his  mind  that  it  was  better  to  be  sacrificed,  if  he 
had  to  be,  "for  doing  too  much  than  too  little,"  landed 
his  marines,  hauled  down  the  Mexican  colors  from  the 
custom-house,  and  ran  up  the  American  flag.  The  Col- 
lingwood  arrived  on  the  1 6th,  and  Sloat  was  prepared  to  give 
battle,  if  necessary.  But  Great  Britain  had  no  intention 
of  going  to  war  with  the  United  States.  She  had  lost 
the  race  and  gracefully  withdrew. 

The  next  day  the  American  flag  was  raised  in  Yerba 
Buena,  and  a  day  or  two  later  at  Sonoma  and  Sutter's 
Fort.  Castro  and  Pio  Pico  were  understood  to  be  mass- 
ing their  forces  in  the  south.  Commodore  Stockton  ar- 
rived on  the  Congress,  and  on  the  24th  received  full  com- 
mand, succeeding  Sloat.  Fremont  by  this  time  was  in 
Monterey  with  his  company,  which  consisted  of  about 
one  hundred  and  sixty  men.  Stockton  formed  them  into 
"The  Battalion  of  California  Volunteers,"  appointed 
Fremont  major  and  Gillespie  captain,  and  ordered  them 
to  San  Diego  by  sea  to  engage  the  forces  of  Castro  and 
Pico  and  complete  the  conquest  of  California;  at  last  it 
was  definitely  known  that  the  two  countries  were  at  war. 

Gone  was  the  dream  of  being  received  by  California  as 
a  matter  of  course  or  with  passionate  gratitude.  The  Cal- 
ifomians, although  their  army  was  not  in  sight,  were  known 
to  be  boiling  with  fury  over  the  indignities  in  the  north. 
To  the  possible  war  they  had  been  indifferent,  or  to  its 
outcome,  but  that  bandaleros,  horse-thieves,  canaille, 
led    by    that    arch -conspirator    Fremont,    should    take 

113 


CALIFORNIA 

prisoner  the  comandante  militar  and  other  Califomians, 
haul  down  the  Mexican  flag  and  elevate  their  own,  and 
proclaim  a  republic,  besides  shooting  three  California 
soldiers  in  cold  blood,  and  all  unprovoked,  seemed  to 
them  a  wanton  insult,  and  it  aroused  them  to  a  deeper 
indignation  than  if  Sloat  had  bombarded  Monterey.  With 
one  accord  they  hated  the  Americanos;  even  the  Mon- 
tereiios,  who,  under  Larkin's  subtle  manipulation,  had 
been  on  the  verge  of  loving  them. 

Nevertheless,  when  Fremont  arrived  in  San  Diego  he 
found  no  army,  although  horsemen  were  frequently  seen 
on  the  horizon.  It  was  rumored  that  Castro  and  Pio 
Pico  had  retreated  to  Sonora.  Stockton,  who  had  been 
routing  various  little  California  companies  on  his  march 
south,  took  formal  possession  of  Los  Angeles  and,  leaving 
Gillespie  in  charge  with  a  small  force,  returned  with  Fre- 
mont to  Monterey.  California  might  hate  the  invader, 
but  it  looked  as  if  she  was  overawed  and  had  concluded 
to  submit. 

The  Americans  congratulated  themselves  until  August 
28th,  when  a  mounted  courier  dashed  into  Monterey 
crying  that  all  the  south  was  in  arms  and  Gillespie  fight- 
ing for  his  life  in  Los  Angeles.  This  proved  to  be  no 
false  alarm,  and  it  took  the  Americans  under  Fremont, 
Stockton,  Talbot,  and  General  Kearney,  when  he  arrived 
overland  from  Mexico,  until  January  13  th  to  subdue  them. 
It  is  not  necessary  to  give  in  detail  those  engagements 
in  which  the  Americans  were  not  always  victorious;  for 
the  Californians,  not  being  opposed  to  friends  and  rela- 
tions, fought  with  valor  and  admirable  tactics.  But 
there  was  no  question  of  the  outcome,  and  on  January 
J 3th  the  entire  forcQ  surrendered  to  Fremont,  lai4  down 


THE    BEAR-FLAG    REVOLUTION 

their  arms  and  dispersed.  Fremont  by  his  clemency  and 
generosity  recaptured  his  lost  prestige  and  was  once 
more  the  popular  hero.  Stockton  appointed  him  "gov- 
ernor," but  by  this  time  Stockton  and  Kearney  were  at 
sword's  points  over  the  supreme  command  in  California. 
The  upshot  of  many  broils  and  the  bitter  enmity  of  Kear- 
ney was  Fremont's  trial  in  Washington  for  "mutiny" 
and  numerous  other  charges.  He  was  found  guilty  by 
the  commission,  and  pardoned  by  the  President;  he  re- 
signed from  the  army,  and  returned  to  California  to 
embark  upon  a  political  career. 

And  the  Calif omians?    Their  day  was  over,  their  sun 
had  set.     Once  more  the  strong  devoured  the  weak. 


VIII 

GOLD 

Sutter  felt  very  happy  and  secure  with  the  Ameri- 
can flag  hanging  hmp  above  his  fort  in  the  windless 
valley  summer.  Although  a  European  born,  he  had  al- 
ways despised  the  Spaniards  as  much  as  he  admired  the 
vigorous  enterprising  people  of  the  Great  Republic.  To 
be  sure,  he  reigned  like  a  prince  at  New  Helvetia,  where 
his  domain  covered  thirty- three  square  miles,  with,  just 
beyond,  another  vast  grant  of  ninety -three  thousand 
acres.  He  had  thousands  of  head  of  cattle,  horses,  sheep, 
hundreds  of  Indians  who  were  veritable  subjects;  his 
crops  were  magnificent  in  that  warm  Central  Valley,  and 
practically  every  trade  was  pursued  at  the  Fort.  It  is 
not  likely  that  he  dreamed  of  greater  wealth  under  the 
Americans  so  much  as  of  seciuity;  for  he  distrusted 
Mexico.  But  he  had  known  the  cities  and  towns  of 
the  Eastern  states,  with  their  teeming  industries,  and 
he  longed  to  see  California  roused  from  her  lethargy, 
all  her  great  resources  developed.  And  in  a  sense  he 
certainly  forced  the  pace  of  California  history. 

For  several  years  Sutter  had  watched  the  emigrant 
trains  roll  down  the  slopes  of  the  Sierras;  and  what  in- 
spired a  more  or  less  vague  mistrust  in  the  minds  of  the 
Californians  was  a  foregone  conclusion  to  the  clever 
Swiss.     He  dispensed  hospitality  to  these  weary  adven- 

ii6 


GOLD 

turers,  selling  them  all  the  necessaries  of  life  from  his 
stores  when  they  had  the  money  to  pay,  and  giving  lavish- 
ly to  the  needy.  He  advised  them  where  to  pitch  their 
tents  and  how  to  avoid  encroaching  on  the  ranchos,  enter- 
tained the  more  presentable  at  his  board,  and  sent  many  a 
relief  party  up  into  the  high  Sierras  when  emigrants  had 
been  overtaken  by  disaster. 

Hundreds  and  hundreds  of  these  covered  wagons  har- 
nessed to  oxen  crawled  down  the  mountain-trail  during 
the  years  1845-46,  most  of  them  from  the  Middle  West, 
all  of  the  immigrants  in  search  of  little  farms  in  the  land 
of  climate  and  plenty.  During  the  following  two  years, 
as  if  in  obedience  to  the  law  of  nature  that  sends  the  lull 
before  the  storm,  the  numbers  fell  off ;  but  there  was  one 
party  destined  to  live  in  the  history  of  California  at 
least,  and  its  name  was  Donner. 

This  was  a  party  of  eighty-five  people — men,  women, 
children— that  had  started  early  enough  to  cross  the 
Sierras  before  the  snow  fell,  but  lost  time  on  a  false  trail 
and  began  the  eastern  ascent  on  the  last  day  of  October, 
with  exhausted  provisions.  They  encountered  one  bliz- 
zard after  another.  The  snow  buried  their  wagons  and 
cattle;  they  built  cabins  of  boughs  covered  with  hides, 
fearing,  in  spite  of  those  that  pushed  on  ahead  in  search  of 
relief,  that  they  must  spend  the  winter  in  these  terrible 
fastnesses.  Relief  parties  from  Sutter's  Fort  were  little 
more  fortunate.  They  fell  coming  in,  or  going  out  with 
the  few  that  were  able  to  brave  the  storms  and  travel. 
The  winter  wore  on,  the  blizzards  increased  in  fury  and 
duration.  Men,  women,  and  children  died,  exhausted 
or  starved.  The  Sacramento  Valley  was  covered  with  a 
brilliant  carpet  of  the  California  wild  flowers  of  spring 

117 


CALIFORNIA 

before  the  last  of  the  relief  parties  brought  out  the  last 
of  the  ill-fated  emigrants. 

Donner,  like  a  good  captain,  had  refused  to  leave  his 
foundering  ship  until  those  under  his  command  had  been 
saved.  When  the  second  relief  party  left  Donner  Lake 
they  took  all  that  were  camped  at  this  point  except 
Donner,  who  was  now  too  weak  to  travel,  Mrs.  Donner,  who 
refused  to  leave  her  husband,  and  a  man  named  Keys- 
burg,  who  was  ordered  to  remain  and  look  after  them. 
When  the  snows  had  melted  somewhat  a  third  relief 
party  reached  the  lake  to  find  Donner  laid  out  in  a  winding- 
sheet,  Keysburg  looking  like  a  gorilla  and  acting  like  a 
maniac,  and  no  Mrs.  Donner.  They  found  her  later  in 
the  camp  kettle  and  a  bucket,  salted  down.  When 
Keysburg,  assisted  by  a  rope  round  his  neck,  recovered 
his  mind,  he  confessed  to  having  miu-dered  and  eaten 
portions  not  only  of  this  brave  woman,  who  had  perhaps 
consciously  dared  worse  than  the  Sierra  storms  to  console 
her  dying  husband,  but  of  others,  before  the  second  relief 
party  had  come.  Nor  did  he  deny  the  story  that  a  child, 
perishing  with  cold,  had  crept  one  night  into  his  blankets, 
and  that  he  had  devoured  it  before  morning. 

Such  law  as  there  was  in  the  country  seemed  to  break 
down  before  this  monster.  A  year  or  two  later  the 
Americans  would  have  lynched  him;  but  Sutter,  knowing 
the  effect  of  the  terrible  stillnesses  under  falling  snow,  the 
monotonies  of  a  long  Sierra  winter,  and  the  hunger  and 
privation  that  poison  the  brain  with  vitiated  blood,  let 
him  go.  He  lived  miserably  in  the  mountains  for  the 
rest  of  his  life,  shunned  as  a  pariah. 

Sutter  had  had  men  engaged  in  looking  for  a  site  for  a 
sawmill  when  Fremont  arrived  and  set  the  country  by  its 

ii8 


GOLD 

ears.  Yerba  Buena,  the  immigrants,  and  various  settle- 
ments springing  to  life  along  the  Sacramento  River  de- 
manded lumber,  and  the  man  who  supplied  them  would 
make  a  fortune.  Sutter,  in  spite  of  his  baronial  domain 
and  his  many  enterprises,  was  always  in  debt,  and  he 
would  have  put  this  new  idea  for  increasing  his  revenues 
into  immediate  execution  had  not  Fr6mont  carried  off 
nearly  all  the  able-bodied  men  in  the  north. 

Sutter  also  wanted  lumber  for  a  projected  flour-mill 
from  which  there  would  be  another  fine  revenue,  but  the 
lumber  must  be  brought  from  the  Sierras.  Finally  an 
immigrant  from  New  Jersey  drifted  in,  a  wheelwright  by 
occupation,  James  W.  Marshall  by  name,  to  whom  Sutter 
gave  work,  and  soon  recognized  as  an  honest  and  indus- 
trious man,  if  somewhat  surly  and  erratic.  He  talked 
over  his  schemes  for  the  two  mills  with  him,  and  the  up- 
shot was  that  Marshall  agreed  to  find  a  site  and  build  and 
manage  the  sawmill  if  Sutter  would  take  him  into  partner- 
ship. Those  were  frontier  days  when  one  did  what  one 
could,  not  what  one  would,  and  articles  of  partnership 
were  drawn  up :  Sutter  was  to  furnish  money,  men,  tools, 
and  teams,  and  Marshall  would  do  the  rest. 

The  point  selected  by  Marshall  was  in  a  mountain 
valley  about  fifteen  hundred  feet  in  altitude;  and  in 
August  of  that  year  (1847)  he  started  for  the  Sierras, 
accompanied  by  six  Mormons,  who  after  service  in  the 
Mexican  War  were  on  their  way  back  to  Salt  Lake,  but 
thankful  for  remunerative  work;  and  ten  or  twelve 
Indians.  The  road  across  the  valley,  beaten  out  by 
emigrant  trains,  was  about  forty-five  miles  long,  but  the 
men  rode  or  drove  the  wagons,  and  in  the  bracing  Sierra 
air  were  soon  at  work. 

119 


CALIFORNIA 

They  were  four  months  felling  trees,  building  the  mill 
and  dam,  and  digging  the  race.  It  was  shortly  after  the 
gates  had  been  put  in  place  and  the  water  had  been 
turned  into  the  race  to  carry  off  the  loose  dirt  and  rock 
that  Marshall  immortalized  himself.  The  water  had 
been  turned  off  one  afternoon,  and  he  was  walking  in  the 
tail-race  when  he  saw  something  glittering  on  the  bed. 
He  picked  up  several  of  the  yellow  bits  and  examined 
them  doubtfully.  They  looked  Hke  gold,  but — ^he  had 
also  seen  pyrites.  However,  certain  tests  convinced  him 
that  he  had  at  least  found  an  alloy  in  which  gold  might 
predominate.  This  was  on  Monday,  the  24th*  of  January. 
Several  days  later  he  rode  into  New  Helvetia  and  showed 
his  little  collection  of  golden  peas  to  Sutter.     He,  too. 


AUTOGRAPH  OF 


^S^L^f4^^^ 


THE  DiSCOYMR  OF  GOLD  W  CAL1R)M1A 

January  19th,  1848. 


AUTOGRAPH   OF  J.  W.  MARSHALL,  FROM   CALIFORNIA'S   GOLDEN  JUBILEE 

was  doubtful,  but  he  possessed  an  encyclopedia.  The 
two  men  read  the  article  on  gold  carefully,  and  then  ap- 
pHed  the  sulphuric-acid  test;    finally,  with  the  further 

^  The  mistakes  in  dates  which  prevailed  for  many  years  were  due  to  the 
fact  that  Marshall  was  old  and  his  memory  feeble  by  the  time  historians 
^sked  him  for  statements. 

I«9 


GOLD 

assistance  of  scales,  they  convinced  themselves  that 
Marshall's  trove  was  pure  gold. 

Neither  of  the  men  was  unduly  excited.  The  gold  had 
been  found  in  the  mill-race  only,  and  was  probably  iso- 
lated, a  mere  pocket.  At  all  events,  they  made  up  their 
minds  to  say  nothing  until  the  flour-mill  was  completed. 
Sutter  now  had  a  number  of  intelligent  men  working 
for  him,  thanks  to  the  Mormon  wayfarers,  and  he  had 
no  desire  to  lose  them. 

But,  although  Nature  may  keep  her  golden  secrets  for 
several  hundred  thousand  years,  man  is  bom  of  woman. 
One  of  Marshall's  laborers  was  sent  out  every  few  days 
to  shoot  a  deer.  The  gold  discovery  had  interested  this 
man  Bigler  mightily,  and  he  invariably  searched  the 
edges  of  the  streams  he  passed.  He  soon  became  con- 
vinced that  gold  was  as  thick  in  the  Sierra  cafions  as  the 
sands  on  the  shores  of  the  sea;  in  less  than  six  weeks 
Sutter  did  not  have  an  able-bodied  man  left  at  the  Fort, 
and  many  of  his  Indians  had  joined  the  stampede. 

Yerba  Buena  at  this  time  was  not  a  mere  adjunct  to 
the  military  post  at  the  presidio,  but  a  town  of  eight 
hundred  and  fifty  inhabitants,  the  most  important  of 
whom  were  the  American  merchants  and  traders.  Be- 
sides the  large  importing  and  exporting  firms  there  were 
a  nimiber  of  small  merchants  that  supplied  the  inhabi- 
tants with  all  the  necessaries  of  life  and  did  a  quiet  but 
remunerative  business.  The  mechanics  commanded  about 
two  dollars  a  day.  The  only  excitement  was  the  arrival 
of  mail  from  the  East,  and  an  occasional  fight  or  fan- 
dango, duly  recorded  in  the  two  weekly  newspapers,  the 
Calif ornian  and  the  California  Star.  On  March  15th  the 
Calif  ornian  announced  casually  that  there  was  rumor  of  a 

121 


CALIFORNIA 

gold-mine  having  been  discovered  at  Sutter's  sawmill ;  and 
shortly  afterward  the  editor  left  to  get  what  news  there 
might  be,  at  first  hand.  He  visited  the  original  "mine," 
escorted  by  Sutter  himself,  but  returned  to  tell  his  pub- 
lic that  it  was  all  a  sham,  and  advised  them  to  stay  at 
home  and  stick  to  business.  A  few  weeks  later  he  was 
forced  to  close  his  printing-office,  as  there  was  not  a  man 
left  in  Yerba  Buena  to  set  the  type. 

There  was  no  telegraph  wire  in  California,  nor  even  a 
pony  express,  but  it  would  seem  that  the  word  "  gold  " 
was  carried  on  invisible  waves  and  shouted  into  every  ear. 
The  large  merchants  closed  their  warehouses  for  want  of 
laborers,  and  the  small  ones  left  their  shops  in  charge 
of  their  wives,  if  they  had  any,  or  merely  turned  the  key; 
mechanics  threw  down  their  tools,  bought  a  pick,  shovel, 
and  pan  and  shouted  that  they'd  work  for  other  men  no 
more;  farmers  left  their  crops  to  rot  in  the  fields;  the 
editors  followed  their  printers.  The  great  ranchos  were 
deserted,  for  even  the  indolent  Calif omians  and  their 
Indians  were  dazzled  by  the  hope  of  sudden  wealth,  or 
by  that  subtle  and  deadly  magnetism  which  emanates 
from  the  metal.  By  July  the  whole  territory  was  at  the 
mines  or  marching  there,  some  in  the  family  coach,  many 
on  horseback,  more  on  foot,  others  by  sloop  to  the  em- 
bar  coder  o  near  Sutter's  Fort.  The  ranch-houses  looked 
like  the  castles  of  Europe  in  the  Middle  Ages,  when  all 
the  men  were  at  the  wars  and  the  women  stayed  at 
home  to  spin. 

For  a  time  the  excitement  was  confined  to  California. 
There  were  rumors  in  the  East;  but,  long  before  she  took 
the  discovery  seriously,  the  ports  of  the  Pacific,  to  which 
bags  of  gold-dust  were  sent  to  buy  provisions  for  the 

122 


FROM    "LONDON    PUNCH,"    1860 


THE    "el    dorado"    GAMBLING    SALOON 


t^i 


GOLD 

camps,  had  recognized  the  significance  of  the  placer- 
mines;  and  Mexicans,  Peruvians,  Chilians,  as  well  as 
settlers  in  Oregon,  had  begun  to  pour  into  California. 
But  Mr.  Larkin  wrote  twice  to  the  Secretary  of  State, 
Mr.  Buchanan,  giving  a  circumstantial  account  of  the 
discovery.  Before  writing  the  second  time  he  visited 
the  mines  and  satisfied  himself  that  they  were  of  enor- 
mous richness  and  extent.  It  was  already  known  that 
the  placers  extended  for  miles;  and  some  men  were  taking 
out  from  one  thousand  to  five  thousand  dollars'  worth  of 
gold  a  day.  Mexicans  told  him  that  there  was  nothing 
so  rich  in  Mexico.  Governor  Mason  also  paid  a  visit 
to  the  mines,  and  estimated  that  the  gold  yield  was  from 
twenty  to  thirty  thousand  dollars  a  day.  The  metal  was 
so  abundant  that  many  men  found  their  pickaxes,  shovels, 
pans,  and  cradles  superfluous,  and  pried  it  out  from  the 
crevices  of  the  rocks  with  their  jack-knives.  These  re- 
ports, when  given  to  the  public,  banished  any  doubts 
that  may  have  lingered  in  the  minds  of  those  who  had 
received  letters  from  their  friends  at  the  diggings,  and 
in  the  spring  of  1849  the  great  stampede  began. 

Once  more  Sutter  watched  the  emigrant  wagons  roll 
down  the  slopes  of  the  Sierra,  this  time  looking  not  like 
thin  cascades,  but  avalanches  of  dusty  snow.  Already 
he  had  rented  buildings  to  enterprising  storekeepers, 
who  were  paying  him  a  hundred  dollars  a  month  for  one 
room;  but  to  the  few  mechanics  he  had  induced  to  re- 
turn he  was  paying  ten  dollars  a  day. 

About  twenty-five  thousand  of  the  gold-seekers  crossed 
the  Sierras  that  year.  The  government  had  made  a  con- 
tract with  the  Pacific  Mail  Steamship  Company  for  a  line 
of  monthly  steamers  between  New  York  ^nd  San  Fran,- 

f23 


CALIFORNIA 

Cisco  by  way  of  Panama,  and  thousands  more  took  the 
journey  by  sea.  There  were  few  women  in  either  wagon- 
trains  or  ships,  and  almost  without  exception,  during 
that  first  exodus,  the  men  were  yotmg,  strong,  and  of 
good  character.  Many  of  them  had  recently  been  mustered 
out  of  the  army  that  had  reduced  Mexico  to  terms ;  they 
were  excellently  disciplined  and  accustomed  to  hardships. 
Some  were  young  men  of  good  family  whom  necessity 
compelled  to  work,  and — "good  families"  were  not  very 
democratic  in  those  days — preferred  to  work  with  pick 
and  shovel  in  distant  California  to  clerking  in  aristocratic 
New  York  or  Boston.  California  was  truly  democratic 
for  several  years,  and  some  of  these  young  men  who  were 
not  strong  enough  for  the  hard  work  of  the  mines  made 
a  living  as  they  could  in  San  Francisco.  One  man  who 
afterward,  when  fortune  had  smiled  on  him,  became  a 
brilliant  member  of  San  Francisco's  young  society  and 
finally  died  of  lockjaw  as  the  result  of  being  wounded 
in  the  aristocratic  duel,  peddled  shoe-strings  for  several 
months  until  a  family  friend  discovered  him  and  set  him 
up  in  business.     But  to  return  to  the  placers. 

It  is  estimated  that  not  less  than  seventy  thousand 
immigrants  arrived  from  the  East  during  1849  and  went 
straight  to  the  mines.  Among  them,  of  course,  were 
many  deserting  sailors;  and  for  months  the  Bay  of  San 
Francisco  was  crowded  with  craft  marooned  and  waiting 
for  the  gold-fever  to  subside.  Thousands  more  poured 
in  from  the  Pacific  ports;  at  the  end  of  the  year  there 
were  not  less  than  a  hundred  thousand  whites  in  Cali- 
fornia, most  of  them  Americans.  Every  trade,  every 
class,  was  represented,  also  every  variety  of  human 
nature,  as  was  soon  discovered  when  the  camps,  so  far 

124 


GOLD 

from  the  towns,  became  a  law  unto  themselves,  although 
there  was  little  trouble  during  that  first  year.  The  men 
worked  hard  by  day,  excited,  silent,  minding  their  own 
business  strictly;  in  the  evenings  they  spun  yams  of 
home  before  rolling  into  their  blankets  to  be  lulled  to 
sleep  by  the  singing  of  the  pines,  rent  now  and  again  by 
the  long  yowls  of  the  coyote  or  the  snorting  of  the  grizzly 
bear.  The  gold  yield  of  that  year  was  twenty-three 
million  dollars. 

But  those  rich  and  apparently  inexhaustible  placers 
soon  became  a  magnet  for  the  type  of  man  that  flocks  where 
gold  is  after  some  one  else  has  taken  the  trouble  to  make 
it  or  extract  it  from  the  earth.  Gamblers  and  sharpers 
of  all  sorts  began  to  take  passage  for  California,  many 
of  them  remaining  in  San  Francisco,  but  others  going  to 
the  mines  and  pitching  their  tents.  Soon  every  camp  had 
its  faro-table  and  other  varieties  of  gambling  "hells"; 
dance-halls  and  the  easy-money  female  followed  as  a 
matter  of  course;  there  were  as  many  bars  as  there  were 
gallons  of  bad  whisky;  and  the  work  of  demoralization 
began.  Men  who  were  tired  of  work  or  had  worked  as 
little  as  possible  began  to  make  a  profession  of  gambling 
or  mined  only  to  have  "  dust  "  to  stake.  Fights  were  of 
daily  occurrence,  and  if  one  of  the  antagonists  fell  no 
one  bothered  to  try  the  victor.  Thieves  and  disrep- 
utable characters  were  often  run  out  of  camp  by  the 
better  class  of  miners,  or  left  it  at  the  end  of  a  rope. 
Few  men  returned  from  that  great  orgie  of  gold  precisely 
the  men  they  were  when  they  reached  those  beautiful 
silent  canons  and  began  the  work  of  tearing  them  to 
pieces;  although  many  a  man's  character  stood  the  test, 
and  he  returned  to  civilization  with  a  fortune  in  his  belt, 

125 


CALIFORNIA 

no  blood  on  his  knife,  and  a  character  so  hardened  and 
toughened  that  he  was  quite  equal  to  the  task  of  founding 
the  greatness  of  San  Francisco.  Others  boasted  to  their 
dying  day  of  how  many  times  they  had  "killed  their 
man";  and  countless  others,  despite  that  auriferous 
abundance,  failed  to  "make  their  pile,"  owing  to  physical 
weakness  sometimes,  but  mental  weakness  generally; 
they  slunk  back  to  the  towns  or  remained  to  haunt  the 
camps,  whine  about  their  luck  until  they  were  kicked 
out  or  died  of  starvation,  or  blew  out  their  brains  "up  the 
gulch."  Darwin  would  have  been  delighted  and  social- 
ists puzzled.  Even  Marshall  died  in  poverty.  His  saw- 
mill was  soon  overrun  by  the  ruthless  miner,  and  he 
seemed  to  have  had  little  affinity  for  the  metal  he  dis- 
covered. Either  he  was  a  poor  miner  or  he  could  not 
get  along  with  other  men;  like  the  rolling  stone  he  had 
always  been,  he  kept  moving  on,  accomplishing  nothing. 
During  the  seventies  the  legislature  voted  him  a  pension 
for  a  few  years,  then  forgot  him,  and  he  died  old  and 
alone  in  a  mountain  cabin.  A  few  years  later  California 
suddenly  remembered  him  and  spent  several  thousand 
dollars  on  a  big  bronze  effigy,  which  now  stands  over 
his  grave  near  the  spot  where  he  enriched  the  world  and 
starved  to  death. 

And  Sutter?  Wealth  poured  in  on  him  for  a  time,  for 
if  he  could  not  supply  all  the  wants  of  that  vast  concourse 
of  miners  the  men  who  did  had  to  rent  his  land  and 
buildings.  His  sawmill  was  destroyed,  but  his  grist- 
mills went  day  and  night,  and  he  could  command  any 
price  for  his  cattle  and  horses.  Moreover,  his  was  the 
fame  of  the  discovery,  and  he  entertained  constantly  at 
his  fort  men  who  were  his  intellectual  equals,  or  visited 

126 


GOLD 

them  in  San  Francisco.  His  popularity  was  enormous, 
aside  from  his  hospitality.  He  was  now  a  man  of  forty- 
six,  gray,  but  ruddy  and  erect,  his  blue  eyes  always  full  of 
good  will,  and  he  delighted  in  playing  the  grand  seignieur 
either  when  entertaining  his  equals  or  giving  largess  to 
the  unfortunate;  his  manners  were  more  natural  and 
simple  than  was  to  be  expected  of  a  man  who  had  ruled 
so  long.  He  seldom  visited  the  mines  himself,  but  often 
laughed  at  the  names  his  droll  new  countrymen  had  given 
them:  Whisky  Bay,  Brandy  Gulch,  Poker  Flat,  Seven- 
up  Ravine,  Loafer's  Retreat,  Git-Up-and-Git,  Gospel 
Swamp,  Gouge  Eye,  Ground  Hog's  Glory,  Lousy  Ravine, 
Puke  Ravine,  Blue  Belly  Ravine,  Petticoat  Slide,  Swelled- 
Head  Diggings,  Nary  Red,  Hangtown,  Shirt-tail  Caiion,  Red 
Dog,  Coon  Hollow,  Skunk  Gulch,  Piety  Hill,  Hell's  Delight. 
Whole  chapters  of  mining  history  might  be  evoked  from 
these  names  alone.  No  wonder  that  Bret  Harte  was  inspired ! 

But  although  Sutter  entertained  many  gentlemen,  their 
dress  differed  little  from  that  of  the  humblest  of  their 
associates :  a  blue  or  red  woolen  shirt,  pantaloons  finishing 
inside  long  heavy  hobnailed  boots  and  belted  in  at  the 
waist,  a  slouch-hat  over  long  hair  and  uncut  beard.  In 
the  belt  were  the  inevitable  brace  of  pistols  and  bowie- 
knife.  The  typical  miner  of  any  class  was  as  cool  as  he 
was  reckless  and  hot-tempered;  as  time  went  on  he  be- 
came more  and  more  laconic  and  more  and  more  profane, 
and  the  best  of  them  drank  hard  and  gambled,  little  as 
it  might  affect  them.  They  amused  themselves  at  the 
gaming-tables  for  want  of  other  entertainment  and  lost  as 
lightly  as  they  won.  Some  hated  the  thought  of  living  in 
a  house  again,  governed  by  the  laws  of  civilization;  others 
"made  their  pile"  and  returned  to  the  city  or  "back 

9  127 


CALIFORNIA 

East,"  satisfied  with  their  adventure  and  ready  for  the 
more  serious  matters  of  Hfe. 

The  gold  yield  of  1850  was  $50,006,000;  of  1853, 
$65,000,000.  Then  the  placers  began  to  show  signs  of 
decline,  and  men  left  them  in  hordes.  Sutter  had  laid 
out  the  town  of  Sacramento,  a  square  mile  about  his  fort, 
with  two  streets  running  through  the  marsh  down  to  the 
embarcadero.  This  he  had  sold  in  lots,  and  as  he  wit- 
nessed the  troubles  and  disgraceful  riots  caused  by 
"squatters,"  the  lawless  element  that  had  entered  the 
country  shouting  that  California  belonged  to  the  American 
and  that  no  Mexican  grant,  despite  the  treaty,  should  be 
valid,  he  may  have  had  some  premonition  of  his  own  fate. 
If  he  did  not,  he  was  soon  enlightened.  These  needy 
adventurers  "squatted"  wherever  the  land  pleased  them, 
swarming  not  only  over  the  rich  grants  of  Sutter,  but  of 
the  rancheros.  The  only  hope  lay  in  the  courts,  and  the 
result  was  years  of  litigation  and  either  a  complete  loss 
in  the  end  or  the  cession  of  the  more  valuable  parts  to 
lawyers  to  cover  their  fees. 

And  the  lawyers  that  left  their  Eastern  practices  to  come 
where  prices  were  high  and  pickings  abundant,  were, "with 
a  few  notable  exceptions,  men  of  as  little  decency  and 
principle  as  the  squatters.  They  had  no  desire  to  break 
their  backs  at  the  mines,  but  no  aversion  whatever  from 
soiling  their  hands.  They  not  only  charged  their  clients 
exhorbitantly  and  were  on  sale  to  the  other  side,  but, 
being  real  Americans,  they  despised  foreigners  and  were 
solicitous  of  squatter  votes. 

The  details  of  the  despoiling  of  the  Califomians  is 
one  of  the  ugliest  chapters  not  only  of  state,  but  Amer- 
ican history;  for  Congress,  by  passing  Senator  Gwin's 

128 


GOLD 

bill,  subtly  worded  but  conceived  entirely  in  the 
interests  of  the  Americans  in  California,  made  de- 
spoliation of  the  original  grant -holders  practically  cer- 
tain. 

Sutter's  grants  were  worth  millions,  but  in  1870  he 
had  not  a  dollar.  The  California  legislature  of  that  year 
granted  him  a  pension  of  two  hundred  and  fifty  dollars  a 
month,  but  discontinued  it  when  he  went  to  Washington 
to  ask  for  justice.  He  died  in  poverty,  this  great  land 
baron,  monarch  of  all  he  surveyed  for  so  many  years,  and 
lies  in  Littiz,  Lancaster  County,  Pennsylvania.  The  year 
of  his  death  was  i88o,  and  he  was  seventy-seven  years  old. 


IX 

SAN   FRANCISCO 

In  April,  1806,  Rezanov,  anchored  off  the  presidio  of 
San  Francisco,  dreamed  of  a  Russian  navy  in  the  bay, 
saw  the  gaunt  hills  and  sandy  amphitheater  of  the  penin- 
sula set  with  the  palaces  and  churches  and  bazars,  the 
lofty  towers  with  their  Tartar  domes,  the  slender  crosses 
of  his  native  land;  the  gay  California  sun  shedding  a  daz- 
zling light  on  marble  walls  and  golden  roofs.  In  April, 
1906,  San  Francisco,  one  of  the  ugliest  cities  in  the  worid, 
but  one  of  the  most  famous  and  prosperous,  was  de- 
stroyed by  earthquake  and  fire.  It  has  risen  again, 
handsome,  substantial,  earthquake-proof  and  fireproof, 
its  picturesqueness  and  "atmosphere"  gone  for  ever,  but 
on  the  eve  of  a  larger  population  and  commercial  activi- 
ties through  the  Panama  Canal;  climbing  steadily  over 
the  hills  toward  the  south,  and  threatening  to  embrace 
the  towns  around  the  bay;  in  the  course  of  a  few  years 
boimd  to  become  one  of  the  greater  cities  of  the  United 
States,  as  it  has,  almost  from  its  beginnings,  been  one  of 
the  most  notable. 

Between  the  dreams  of  Rezanov,  dust  long  since  in 
Krasnoiarsk,  and  the  triumph  of  American  materialism 
over  the  desire  of  a  few  for  the  beautiful  and  artistic  city 
Nature  had  in  mind  when  she  planned  the  site,  San  Fran- 
qisco  has  passe4  through  many  changes  intrinsic  an4 

130 


SAN    FRANCISCO 

fortuitous.  It  was  these  changes,  in  number  out  of  all 
proportion  to  her  brief  existence,  which  made  the  "at- 
mosphere" that  went  up  in  smoke  in  April,  1906. 

The  battery  of  Yerba  Buena  in  Rezanov's  day  was  situ- 
ated between  our  Telegraph  Hill  and  Rincon  Point  on 
a  cove  afterward  filled  and  built  upon,  but  then  be- 
ginning at  Montgomery  Street.  Coyotes  and  even  bears 
roamed  over  the  sand-dunes,  and  the  sea-gulls  were  al- 
most as  numerous  as  on  Alcatraz  and  Angel  Island.  It 
was  in  the  month  of  May,  1835,  that  Governor  Figueroa 
determined  to  lay  out  a  settlement  at  Yerba  Buena,  and 
offered  William  A.  Richardson,  the  Englishman  who  had 
arrived  in  California  in  1822  and  naturalized  in  1829,  the 
position  of  captain  oethe  port  if  he  would  settle  on  the 
cove.  Richardson,  ;^j.io  was  a  business  man,  and  who 
seems  to  have  recognized  the  importance  of  Yerba  Buena, 
consented,  and  with  his  family  moved  north  at  once  from 
his  home  near  the  San  Gabriel  Mission. 
-  The  governor  died  shortly  after  Richardson  reached 
the  end  of  that  long  slow  journey  of  many  weary  leagues 
with  his  train  of  bullock-carts  packed  with  women,  chil- 
dren, and  household  goods.  He  arrived  at  the  cove  in 
June,  and  literally  pitched  his  tent,  awaiting  the  next 
move  of  the  government.  After  Figueroa's  death  Jose 
Castro,  as  primer  vocal,  confirmed  Richardson's  appoint- 
ment and  told  him  to  select  a  site  for  the  village.  The 
alcalde  of  the  Pueblo  y^)olores  was  the  surveyor  appointed, 
and  in  October  he  lai^  out  the  foundation  street — La  Calle 
de  la  Fundacion — running  from  a  point  near  the  present 
comer  of  Kearney  and  Pine  streets  northwest  to  the 
water.  That  seems  to  have  exhausted  him,  and  he  re- 
tired to  Dolores,  while  Richardson  selected  for  himself  a 

131 


CALIFORNIA 

lot  one  hundred  varas  square,  embracing  the  present  Du- 
pont  Street  between  Clay  and  Washington  streets. 
There,  with  what  assistance  he  could  get  from  the  Indians 
remaining  at  the  Pueblo  Dolores,  he  erected  his  rude 
dwelling.  This  is  known  in  history  as  the  first  house 
built  on  the  site  of  the  future  city  of  San  Francisco;  but 
it  is  to  be  supposed  that  the  Mexican  officers  in  charge 
of  the  battery  for  many  years  did  not  sleep  in  the  sand. 

The  next  settler  was  Jacob  P.  Leese,  an  American  who 
had  arrived  in  California  the  year  before  and  engaged  in 
the  mercantile  business  in  Monterey.  He  came  to  San 
Francisco  to  establish  a  branch  house  and  do  business 
of  all  sorts  not  only  with  the  many  ships  that  took  shel- 
ter in  Yerba  Buena  waters,  but  wf'.h  the  ranchers  north 
and  east  of  the  bay.  Governor  Chi^.^)  gave  him  permission 
to  select  a  lot  one  hundred  varas  square,  but  not  within 
two  hundred  yards  of  the  embarcadero,  that  space  being 
reserved  by  the  government.  Leese,  who  brought  lum- 
ber and  working-men  with  him,  put  up  a  frame  building 
sixty  by  twenty-five,  after  choosing  a  lot  near  the  present 
site  of  the  Plaza  or  Portsmouth  Square.  Shortly  before 
it  was  completed  this  astute  merchant  issued  invitations 
for  a  great  Fourth  of  July  celebration,  Captain  Richard- 
son, not  being  overwhelmed  with  work,  riding  north  and 
east  with  the  invitations.  General  Vallejo  rode  down 
to  this  entertainment  with  a  retinue  from  Sonoma,  him- 
self a  gallant  figure  on  one  of  his  "superbly  caparisoned 
horses.  Sutter  came  by  water  in  a  large  flat-bottomed 
boat  manned  by  ten  naked  Indians.  He  sat  alone  in  the 
stern,  quite  as  imposing  as  General  Vallejo. 

The  other  rancheros  and  residents  of  the  pueblos, 
Americans  and  CaUfomians,  men  and  women,  came  on 

132 


SAN    FRANCISCO 

horse  and  in  carreta,  and  crossed  the  bay  Heaven  knows 
how.  But  they  found,  for  that  day,  a  grand  entertain- 
ment awaiting  them.  Numerous  tents  had  been  erected 
for  their  comfort,  and  flying  above  them  as  well  as  at 
each  corner  of  a  great  marquee  and  the  new  house  were 
the  American  and  Mexican  flags.  The  officers  of  the 
presidio  were  there,  visitors  from  Monterey,  and  the  cap- 
tains and  supercargoes  from  the  vessels  in  the  harbor — 
which  had  furnished  the  bunting.  They  were  entertained 
at  a  really  magnificent  banquet  under  the  marquee  at 
five  o'clock  on  the  4th;  a  band  composed  of  drum, 
clarinet,  fife,  and  bugle  discoursed  airs  national  and 
sentimental,  when  the  more  important  of  the  sixty  guests 
were  not  on  their  feet  complimenting  one  another  and 
making  toasts.  Vallejo  toasted  Washington  in  flowery 
Spanish,  and  all  cheered  wildly  when  another  speaker 
alluded  feelingly  to  the  union  of  the  Mexican  and  Ameri- 
can flags. 

When  the  banquet  finished  the  guests  danced  in  the 
new  house  until  the  evening  of  the  5  th,  rested  in  their 
tents,  and,  again  replete,  dispersed  regretfully  to  their 
homes,  invoking  blessings  on  the  Fourth  of  July.  A  few 
days  later  Leese's  store  was  packed  with  twelve  thousand 
dollars'  worth  of  merchandise,  and  his  grateful  guests 
were  the  first  and  most  amenable  of  his  purchasers.  In 
the  following  year  he  married  a  sister  of  General  Vallejo, 
and  their  daughter,  Rosalia  Leese,  born  April  15,  1838, 
was  the  first  white  child  born  in  the  future  San  Francisco. 

Leese  remained  the  most  successful  and  energetic  citi- 
zen of  Yerba  Buena  until  1841,  when  he  sold  out  to  the 
Hudson's  Bay  Company  and  moved  to  Sonoma.  Soon 
after  Alvarado  v/as  firmly  established  in  Monterey  he 


CALIFORNIA 

asked  that  most  enlightened  and  pubHc-spirited  of  gov- 
ernors to  give  his  attention  to  the  languishing  village  on 
the  cove.  Jose  Castro  was  prefect  of  the  district,  and 
immediately  received  orders  Irom  Alvarado  to  have  a 
survey  made  of  Yerba  Buena  and  of  such  of  the  adjoin- 
ing lands  as  were  likely  to  become  incorporated  in  a 
growing  pueblo.  Leese  had  in  his  household  a  young 
civil  engineer  named  Jean  J.  Vioget,  and  Castro  appointed 
him  to  survey  the  pueblo  and  give  it  streets. 

Vioget 's  little  city  was  laid  out  between  the  present 
Broadway,  Montgomerj^  Powell,  and  California  streets, 
obliterating  the  Calle  de  la  Fundacion.  This  was  in 
1839,  and  soon  afterward  other  merchants  saw  the  advan- 
tages of  living  on  that  popular  harbor.  The  more  active 
business  men  were  foreigners,  Americans  for  the  most 
part,  although  a  few  Mexicans  had  little  shops,  and  one 
even  had  a  grist-mill.  William  Thomes,  who  visited 
CaHfornia  as  a  sailor -boy  in  1843,  describes  this  fair 
sample  of  Mexican  industry  as  follows: 

We  came  to  an  old  adobe  biiilding  about  a  cable's  length  from 
Clark's  Point  and  looked  in.  It  seemed  to  be  a  mill  for  grinding 
wheat,  for  there  was  a  poor  disconsolate-looking  mule  connected  with 
a  pole,  and  it  would  xnake  two  revolutions  of  the  ring  and  then  stop 
and  turn  round  to  see  what  was  going  on  at  its  rear.  A  cross  be- 
tween a  poor  Mexican  and  an  Indian,  who  seemed  to  have  charge  of 
matters,  would  yell  out  in  the  shrillest  of  Spanish  after  each  halt: 

"Carambal    Diablo/    Amiga/    Malo/     Vamos/" 

Then  the  mule,  after  hearing  such  frightful  expressions,  quietly 
dropped  its  ears  and  went  to  sleep,  and  the  Mexican  would  roll  a 
cigarette,  strike  fire  with  flint  and  steel,  and  smoke  contentedly  for 
half  an  hour,  then  get  up  and  hurl  some  more  bad  words  at  his  com- 
panion. .  .  . 

It  may  be  imagined  that  this  breed  of  Mexicans  was 

of  little  more  use  for  loading  and  unloading  and  working 

in  the  warehouses  than  the  Indians;   and,  as  a  matter  of 

134 


SAN    FRANCISCO 

fact,  the  men  employed,  until  the  gold-rush  brought  thous- 
ands of  American  laborers  into  the  country,  were  Kanakas 
— natives  of  the  Hawaiian  Islands.  Even  then  there  was 
an  American  saloon  on  the  Plaza,  but  it  seems  to  have 
done  little  business  except  when  a  ship  was  in  harbor. 

In  1846  there  were  about  two  hundred  people  living  in 
Yerba  Buena.  The  most  notable  of  the  California  resi- 
dents was  Dona  Juana  Briones.  She  was  a  widow,  hand- 
some and  vivacious,  and,  electing  to  live  in  what  to  her 
eyes  no  doubt  was  a  gay  and  busy  city,  built  an  adobe 
house,  raised  chickens,  and  kept  several  cows  in  a  corral, 
so  wild  that  they  had  to  be  lassoed  and  their  legs  tied 
before  they  could  be  milked.  She  had  a  big  white- 
washed sala  and  gave  many  a  fandango,  to  which  all  were 
invited,  irrespective  of  nationality.  But  it  must  have 
been  a  very  quiet  life  in  the  little  gray,  foggy,  wind-swept 
village ;  and  even  the  American  business  men,  no  doubt, 
took  their  daily  siesta  and  closed  their  stores  in  the  middle 
of  the  day.  The  first  real  excitement — for  they  paid  little 
attention  to  the  internal  revolutions — was  caused  by  Fre- 
mont and  his  escapades  in  the  north,  the  arrival  of  Mont- 
gomery on  the  Portsmouth,  and  the  news  that  the  United 
States  and  Mexico  might  go  to  war  at  any  moment. 

On  the  morning  of  July  8,  1846,  Captain  Montgomery, 
accompanied  by  seventy  sailors  and  marines,  landed  and 
marched  to  the  Plaza.  There,  under  a  salute  of  twenty- 
one  guns  from  the  Portsmouth,  he  hauled  down  the  Mexican 
flag  and  ran  up  the  Stars  and  Stripes.  The  Plaza  was  re- 
christened  Portsmouth  Square  by  the  delighted  American 
residents,  and  shortly  afterward  the  street  along  the  em- 
barcadero  was  named  for  Montgomery.  The  first  Ameri- 
can alcalde  was  Lieut.  Washington  A.  Bartlett,  of  the 

135 


CALIFORNIA 

Portsmouth,  and  he  appointed  Jasper  O'Farrell  to  resttr- 
vey  the  pueblo.  The  practical  American  cossed  the 
streets  at  right  angles  and  enlarged  the  blocks,  but  the 
achievement  of  which  he  and  Bartlett  were  proudest 
was  the  naming  of  the  streets,  heretofore  undesignated 
in  that  friendly  village,  after  the  men  prominent  in  the 
history  of  the  moment:  Montgomery,  Kearney,  O'Far- 
rell, Beale,^  Mason,  Powell,  Stockton,  and  California. 

It  is  to  Bartlett  also  that  we  finally  owe  our  San  Fran- 
cisco, between  whose  tonic  atmosphere  and  uneasy  sur- 
face we  were  thus  permitted  to  grow  up  instead  of  in 
a  remote  and  ill-weathered  comer  of  a  subsidiary  bay. 
General '  Vallejo,  Thomas  0.  Larkin,  and  Dr.  Semple, 
landholders  of  the  north,  certain  of  the  destiny  of  Cali- 
fornia, although  ignorant  of  its  great  auriferous  deposits, 
and  desirous  to  be  among  the  first  to  reap  the  benefit  of  a 
rapidly  increasing  population,  conceived  a  subtle  and  far- 
sighted  scheme.  They  projected  a  town  on  the  shores  of 
San  Pablo  Bay,  a  continuation,  in  the  north,  of  San  Fran- 
cisco Bay,  to  be  called  the  City  of  Santa  Francisca,  nomi- 
nally as  a  marital  compliment  on  the  part  of  the  general, 
really  because  they  knew  that  a  city  so  identified  with 
the  famous  Bay  of  San  Francisco  would  be  a  natural  bait 
both  for  settlers  and  sea-craft,  becoming  in  the  course  of 
a  few  years  the  metropolis  of  the  future  state. 

Fortunately,  Bartlett's  mind  worked  as  quickly  and 
astutely  as  theirs.  Before  they  had  time  to  record  the 
title  of  their  town  he  changed  the  name  of  his  from  Yerba 
Buena  to  San  Francisco,  publishing  the  ordinance  in  the 

*  Named  for  Lieutenant  afterward  General  Beale,  who  distinguished  him- 
self during  the  final  "war"  with  the  Calif omians.  He  was  the  father  of 
Truxtun  Beale,  a  well-known  citizen  of  San  Francisco  and  mentioned  in 
appendix, 


SACRAMENTO.    CAUFORNIA      185O 


SAN    FRANCISCO 

Authenticated  picture  of  the  city  as  it  appeared  in  1846-47 


SAN    FRANCISCO 

California  Star,  recently  started  by  Sam  Brannan. 
Vallejo,  Larkin,  and  Semple  protested  in  vain.  Con- 
fusion must  be  avoided,  and  the  fuming  capitalists  on  the 
Straits  of  Carquinez  were  obliged  to  call  their  village 
Benicia,  the  second  name  of  Sefiora  Vallejo.  There  is 
to-day  a  town  near  by  called  Vallejo.  But  neither  of 
these  little  northern  communities  has  risen  to  the  dignity 
of  ten  thousand  inhabitants,  although  there  is  an  arsepal 
at  Benicia  and  the  city  named  for  the  old  general  is  close 
to  the  Mare  Island  Navy  Yard. 

Brannan  had  arrived  on  the  31st  of  July,  1846,  on  the 
Brooklyn,  with  a  ship-load  of  Mormons.  It  was  his  purpose 
to  found  a  colony  on  the  bay  and  erect  a  great  tabernacle. 
But  he  found  the  American  flag  flying  in  Portsmouth 
Square,  and  the  United  States  gO"«''emment  was  not 
partial  to  Mormon  colonies.  However,  they  pitched  a 
large  number  of  tents  on  the  sand-hills  behind  the  little 
town  and  prepared  to  make  the  best  of  it.  Some  joined 
Fr6mont  when  he  marched  south  to  subdue  the  Califor- 
nians,  a  few  sought  farms,  and  later  many  went  on  to 
Salt  Lake;  but  for  the  moment  they  were  a  decided 
acquisition  to  Yerba  Buena,  as  there  were  many  excellent 
mechanics  among  them  who  had  brought  implements 
and  tools.  Their  leader  carried  everything  necessary  for 
printing  a  newspaper,  and  on  January  9,  1847,  published 
the  first  number  of  the  Star,  having  previously  issued  an 
extra  containing  General  Taylor's  official  report  of  the 
battles  of  Palo  Alto  and  Resaca  de  la  Palma.  Brannan's 
generous  details  in  the  issue  of  April  loth  of  the  horrors 
of  the  Donner  party  pales  to  a  mere  modest  primrose  the 
yellowest  efforts  of  to-day.  So  estimably  has  our  taste 
for  morbid,  hideous,  and  exaggerated  details  decreased 

137 


CALIFORNIA 

since  1847  that  it  would  be  quite  out  of  the  question  to 
transfer  extracts  on  this  absorbing  topic  from  the  Cali- 
fornia Star  into  a  respectable  history. 

On  May  28th  there  was  a  grand  illumination  in  San 
Francisco  in  honor  of  General  Taylor's  victory  over  the 
Mexicans  at  Buena  Vista.  Every  home,  tent,  warehouse, 
and  shop  flew  the  American  flag  and  was  as  brilliant  at 
night  as  a  limited  amount  of  oil  and  tallow  would  permit. 
Of  course,  there  was  a  grand  fandango.  Fire-crackers 
cracked  for  twenty-four  hoiu-s,  and  big  bonfires  flared  on 
the  sand-dunes  and  on  the  steep  granite  hills  behind  the 
settlement. 

At  this  time  there  was  every  prospect  that  San  Francisco 
would  continue  to  be  a  peaceful  and  prosperous  little  town 
whose  worst  vice  was  gambling  in  moderation.  It  was 
well  governed  by  the  alcalde  and  the  ayuntamiento,  a  town 
council  of  six  members,  initiated  by  Governor  Figueroa; 
there  was  little  strain  on  the  spirit  of  law  and  order;  a 
school  flourished;  the  leaders  and  merchants  were  growing 
rich.  There  were  two  "hotels,"  several  boarding-houses; 
private  dwellings  were  slowly  increasing  in  number,  and 
there  were  one  or  two  billiard-rooms,  pool-rooms,  and  ten- 
pin -alleys.  Lots  on  the  water-front  were  selling,  two 
wharves  were  in  the  process  of  construction.  There  were 
twelve  mercantile  and  commission  houses,  agencies  of 
large  firms  in  the  East,  British  America,  South  America, 
and  the  "Sandwich  Islands"  (H.  I.).  The  little  town  was 
clustered  just  above  Montgomery  Street,  that  being  the 
water-front,  and  if  it  had  not  the  physical  allurements  of 
the  southern  towns,  and  only  men  seriously  engaged  in 
business  were  attracted  to  it,  nevertheless  it  was  the  city 
preferred  by  the  sea-captains,  for  it  was  full  of  bustle  and 

138 


SAN    FRANCISCO 

real  business.  The  center  of  life  by  day  was  the  Plaza; 
at  night  there  were  dances,  and  the  men  guided  their 
womenkind  to  the  scene  of  festivity  with  a  dark-lantem; 
there  was  also  much  entertaining  on  the  war-ships  and 
commoner  craft  out  at  anchor.  Men  settled  down  to  the 
business  of  getting  rich  slowly,  enjoying  life  in  a  way, 
looking  forward  to  retirement  in  some  one  of  the  civilized 
cities  "at  home."  Only  those  that  had  married  Cali- 
fornia women  dreamed  for  a  moment  that  they  would 
spend  their  lives  on  this  edge  of  the  world  where,  the 
occasional  news  of  the  war  over,  the  only  excitement  was 
when  the  ships  sailed  through  the  Golden  Gate,  bringing 
merchandise  and  mail. 

And  then,  presto !  all  things  changed. 

For  some  weeks  after  the  news  of  the  gold  discovery 
drifted  into  San  Francisco  that  well-regulated  com- 
munity poo-poohed  the  idea.  Then  suddenly  the  stam- 
pede. When  Governor  Mason  arrived  in  San  Francisco 
from  Monterey  on  June  20th  he  found  not  an  able-bodied 
man  in  the  place  save  the  merchants  (and  not  all  of  those), 
who  were  unloading  the  merchandise  themselves,  even  the 
sailors  having  nm  off  to  the  mines.  He  wrote  to  Commo- 
dore Jones,  who  was  at  Mazatlan,  that,  treaty  or  no  treaty, 
the  gold  discovery  had  settled  the  destiny  of  California. 
But  before  this  letter  reached  its  destination  definite  news 
of  the  Treaty  Guadalupe  Hidalgo,  which  ceded  Alta  Cali- 
fornia (including  what  we  now  call  Nevada,  Utah,  and 
Arizona),  New  Mexico,  and  Texas  to  the  United  States 
for  the  sum  of  fifteen  million  dollars,  had  arrived.  Mexico 
cursed  herself  when  she  heard  that  one  of  her  cheaply  sold 
provinces  had  turned  into  a  river  of  gold,  but  luck  as  ever 
was  with  the  United  States. 

139 


CALIFORNIA 

There  was  by  this  time  another  newspaper  in  San 
Francisco  (removed  from  Monterey)  called  the  Califor- 
nian,  and  on  the  29th  of  May,  1848,  it  published  this  in- 
dignant editorial : 

The  whole  country  from  San  Francisco  to  Los  Angeles,  and  from  the 
sea  to  the  base  of  the  Sierra  Nevada,  resounds  with  the  cry,  "GOLD! 
GOLD ! !  GOLD ! ! ! "  while  the  field  is  left  half  planted,  the  house  half 
built,  and  everything  neglected  but  the  manufacture  of  shovels  and 
pickaxes,  and  the  means  of  transportation  to  a  spot  where  a  man 
obtained  one  hundred  and  twenty-eight  dollars'  worth  of  the  real  stuj 
in  one  day's  washing,  and  the  average  for  all  is  twenty  dollars  per 
diem. 

The  following  week  there  was  no  Star.  Even  the  editor 
was  on  the  highroad,  a  pick  over  one  shoulder,  a  shovel 
over  the  other,  and  a  pan  under  his  arm. 

In  September  certain  leading  citizens  who  had  caught 
the  gold-fever  recovered  and  hastened  back  to  the  de- 
serted city,  and  a  number  of  American  working-men,  realiz- 
ing the  anxiety  of  those  and  other  eminent  citizens  who 
had  proved  immune,  to  have  their  work  done  and  erect 
new  buildings,  and  that  labor  would  command  almost  as 
much  a  day  as  an  ordinary  man  could  pan  out  while 
breaking  his  back,  transferred  themselves  to  San  Fran- 
cisco, Soon  afterward,  the  first  brick  building  erected  in 
California  was  finished.  It  was  on  the  corner  of  Mont- 
gomery and  Clay  streets  and  was  the  property  of  Mellis 
and  Howard. 

Still,  those  that  remained  in  the  town  must  have 
taken  a  gloomy  view  of  the  future.  Shops  were  closed; 
it  was  difficult  to  obtain  the  commonest  necessaries  of 
life.  The  little  city  so  serene  and  prosperous  a  few 
months  before  now  looked  like  a  deserted  mining-camp 
itself.    The  windows  of  empty  shops  were  broken  by 

140 


SAN   FRANCISCO 

the  small  boy,  who  never  under  any  circumstance  deserts 
the  type;  doors  were  barricaded;  merchandise  was  rot- 
ting on  the  wharves;  and  prices  threatened  to  wipe  out 
tidy  little  fortimes.  The  streets  of  the  town  huddled  on 
the  bay  looked  like  dreary  canons  running  up  into  the 
gray  unfriendly  hills.  During  the  spring  and  autumn 
there  was  little  change,  although  a  number  of  unsuccess- 
ful miners  returned  to  their  old  homes  emaciated,  feeble, 
and  dispirited.  Those  that  could  work  demanded  ten  and 
twenty  dollars  a  day,  and  the  price  of  all  foodstuffs  had 
risen  four  hundred  per  cent.  The  shopkeepers  were 
among  those  that  returned  early^  knowing  the  necessities 
at  the  mines.  Within  the  first  eight  weeks  after  the  ter- 
ritory was  alive  to  the  richness  of  the  ''diggings"  two 
hundred  and  fifty  thousand  dollars  in  gold-dust  had 
reached  San  Francisco,  and  within  the  next  eight  weeks 
six  hundred  thousand  dollars  more;  all  to  purchase  sup- 
plies at  any  price  for  the  miners. 

But  early  in  1849  San  Francisco,  predestined  city  of 
many  changes,  entered  upon  a  new  phase  of  her  chec- 
quered  career.  Ship-load  after  ship-load  of  immigrants 
arrived  from  the  East,  and  of  necessity  passed  through 
San  Francisco  and  were  fitted  out  for  the  mines.  They 
paid  what  w^as  demanded  for  picks,  shovels,  pans,  and 
camping-outfits:  about  fifteen  dollars  apiece  for  the  im- 
plements of  mining,  and  from  fifty  to  eighty  dollars  for 
a  rocker.  These,  with  the  overland  immigrants,  were  the 
men  who  were  to  go  down  to  history  as  the  "pioneers  of 
'49,"  and  there  were  some  thirty-five  thousand  of  them. 

Before  the  year  was  well  advanced  San  Francisco  could 
no  longer  complain  of  dullness.  Not  only  had  many 
more  ships  arrived  in  the  harbor — where  they  remained 

141 


CALIFORNIA 

helpless  for  months — but  the  later  ones  brought  as  many 
scalawags  as  honest  miners.  In  a  short  time  San  Fran- 
cisco had  more  saloons  and  gambling-houses  than  she 
had  dwellings,  and  they  were  open  twenty-four  hours  of 
the  day.  By  this  time  many  of  the  miners  were  returning, 
some  with  mere  sacks  of  gold-dust,  others  with  fortunes, 
but  all  longing  for  at  least  a  semblance  of  civilization 
once  more  after  the  incredible  barbarisms  of  mining  life. 
Many  intended  to  return  to  the  East  as  soon  as  a  ship 
could  be  manned,  and  it  has  been  stated  that  not  one  of 
those  that  really  enriched  themselves  remained  to  build 
up  San  Francisco;  all  found  amusement  meanwhile  at  the 
gambling-houses. 

These  were  scattered  all  over  the  town,  but  the  largest 
and  most  dazzling  were  clustered  about  the  Plaza.  No 
matter  how  rough  the  structures,  they  invariably  had  large 
plate-glass  windows,  music,  a  handsome  bar,  a  handsomer 
cashier,  and  dozens  of  little  tables.  Day  and  night  these 
tables  were  surrounded  by  men  in  flannel  shirts,  top- 
boots,  and  sombrero  or  silk  hat.  On  the  tables  beside 
the  cards  were  little  bags  of  gold-dust  and  piles  of  "slugs" 
worth  ten  or  twenty  dollars  each.  In  the  aisles  himdreds 
of  people  passed  continually,  watching  the  gambling  or 
awaiting  their  turn  at  a  table,  while  hundreds  more  pressed 
eagerly  against  the  plate-glass  windows.  And  every  grade 
of  life  was  represented,  as  at  the  mines:  scions  of  good 
families,  young  soldiers,  small  merchants,  mechanics,  par- 
sons, school-teachers,  editors  and  their  former  printers, 
sailors,  firemen,  farmers,  tramps,  and  professional  gam- 
blers. Of  all  these  gambling-houses  "El  Dorado"  be- 
came the  most  famous.     Fortunes  were  lost  and  won. 

New  "hotels"  were  erected  in  an  incredibly  short  time, 

142 


SAN    FRANCISCO 

but  could  not  catch  up  with  the  demand,  and  hundreds 
slept  in  bunk-houses  that  looked  like  the  worst  of  accom- 
modations on  a  river  steamboat.  Tents  also  were  pitched 
in  the  city  streets,  and  the  abandoned  hulks  of  two 
beached  vessels  served  as  quarters  for  the  night.  But 
all  were  gay  and  philosophical,  unless  they  ruined  them- 
selves at  the  tables,  when  they  either  remained  philo- 
sophical or  shot  themselves  out  in  the  sand-hills. 

The  merchants  soon  adapted  themselves  to  the  high 
prices  and  wages,  as  employers  ever  do,  and  gouged 
somebody  else.  At  the  end  of  July,  1849,  the  population 
numbered  five  thousand,  and  in  September  twenty 
thousand.  Real  estate  was  booming,  the  city  was  spread- 
ing over  the  hills,  the  new  houses  being  mainly  "canvas, 
blanket,  and  bough-covered  tents."  But  building-lots 
had  been  surveyed,  and  a  large  number  of  warehouses 
and  stores  were  building,  while  the  bay  was  a  forest  of 
masts.  The  streets  were  almost  impassable  with  shifting 
sand-banks  in  summer  and  mud  after  the  first  rains. 
The  plank  sidewalks  were  seldom  repaired.  Rats  played 
in  the  ooze,  and  there  were  enormous  heaps  of  rubbish 
everyivhere.  But  no  one  minded  these  trifling  draw- 
backs. All  were  rich,  or  expected  to  be.  The  shop- 
keepers cried  aloud  their  wares  in  front  of  their  doors, 
"sized  up"  a  new  arrival's  qualifications  for  being  "done," 
and  made  their  charges  accordingly.  As  for  the  mechanic, 
he  made  thirty  dollars  by  day  and  lost  it  at  night  in  one 
of  the  gambling-saloons  "glittering  like  fairy  palaces, 
where  all  was  mad,  feverish  mirth,  the  heated  brain  never 
allowed  to  get  cool  while  a  bit  of  coin  or  dust  was  left." 
Such  was  San  Francisco  in  1849. 
10 


X 

CRIME  AND  FIRE 

During  San  Francisco's  short  existence  as  a  growing 
pueblo  everybody  made  a  good  living  without  extor- 
tion, and  the  more  energetic  of  the  merchants  looked 
forward  to  independence  in  the  course  of  a  few  years. 
Leese  and  Richardson  had  already  retired  to  the  country, 
and  the  little  town,  despite  fogs  and  winds  and  rats  and 
fleas  and  isolation,  must  have  been  as  light  of  heart  and 
free  of  care  as  is  possible  to  any  community  of  human 
beings  on  this  imperfect  planet.  There  is  no  record  of 
bitter  enmities,  murder,  or  even  the  lighter  crimes.  There 
was  not  a  poHceman  in  the  city,  and  if  they  had  no  church 
tieither  had  they  found  it  necessary  to  build  a  jail.  It  is 
ttue  there  was  some  gambling  and  the  inevitable  saloon, 
but  neither  led  to  excess  nor  crime.  Moderation,  tem- 
perance in  the  real  meaning  of  the  word,  seems  to  have 
been  the  keynote  between  1835  and  1848. 

But  that  was  the  last  tranquillity  San  Francisco  was 
to  know.  Her  history  has  been  singularly  imhappy. 
Both  nature  and  man  have  done  their  utmost  to  destroy 
her;  and  even  now  it  remains  to  be  seen  whether  she  has 
survived  grafting  politicians  only  to  be  throttled  by  labor- 
unionism,  too  ignorant  to  realize  that  dead  geese  no 
longer  lay  golden  eggs. 

The  exodus  to  the  gold-mines  was  the  first  convulsion 

144 


CRIME   AND    FIRE 

to  shake  San  Francisco  fairly  out  of  her  true  Califomian 
serenity ;  but  as  the  greater  number  of  the  sober-minded 
citizens  returned  within  a  few  months,  Httle  harm  would 
have  been  done  as  far  as  law  and  order  were  concerned 
had  all  emigrants  elected  to  cross  the  Sierra  Nevadas. 
But  the  thousands  that  passed  through  San  Francisco 
left  their  refuse  behind  them,,  men  who  since  the  begin- 
ning of  history  have  preyed  upon  their  fellows,  sometimes 
frankly  as  thieves  and  highwaymen,  as  often  endeavoring 
to  deceive  the  public,  and  possibly  themselves,  under 
sounding  titles  and  protestations  of  brotherly  love. 

It  was  in  the  spring  of  1849  that  a  gang  of  young  des- 
perados calling  themselves  "The  Regulators,"  but  soon 
rechristened  "The  Hounds,"  loudly  proclaimed  that  they 
were  an  association  formed  to  protect  the  weak  against 
the  strong,  to  succor  those  that  were  too  "green"  to  bear 
the  new  burden  of  wealth  alone — there  being  so  little  law 
in  San  Francisco — to  be  as  a  reliable  squadron  in  times  of 
danger.  On  Sundays  they  paraded  the  streets  with  flags 
flying  and  band  playing.  But  busy  and  absorbed  as 
San  Francisco  was  during  those  exciting  months,  it  did 
not  take  her  long  to  define  the  status  of  the  Regulators. 
They  were,  in  truth,  an  admirably  organized  band  of  cut- 
throats, thieves,  cowards,  and  bulHes.  Wise  enough  to 
avoid  the  muscular  American,  unless  he  was  quite  alone, 
they  confined  their  attention  to  the  Chilenos  and  other 
foreigners  who  lived  in  tents  beyond  the  city  limits. 
Their  own  headquarters  were  a  large  tent  near  the  Plaza, 
which,  in  fond  memory,  no  doubt,  of  the  great  city  of  the 
East,  they  called  Tammany  Hall.  It  is  to  be  presumed 
that  they  slept  by  day,  for  every  night,  armed  with  dubs 
and  bludgeons,  they  sneaked  from  their  lairs  on  Tele- 
US 


CALIFORNIA 

graph  Hill  to  the  isolated  tents,  taking  the  gold-dust  of 
those  more  recently  rettimed  from  the  mines,  and  any- 
thing else  they  fancied,  and  beating  all  that  presumed  to 
resist.  These  foreigners,  being  far  less  robust  than  the 
Americans,  remained  at  the  mines  only  long  enough  to 
accumulate  a  bag  of  dust  or  nuggets;  and,  owing  to  the 
enterprise  of  the  Hounds,  seldom  enjoyed  the  excitement 
of  losing  either  at  the  gaming-tables.  It  was  useless  to 
appeal  to  the  alcalde,  for  no  alcalde  could  enforce  laws 
without  police.  In  those  early  days  no  wrongs  were 
redressed  until  they  became  so  abominable  as  to  call 
for  a  mass-meeting  of  the  citizens. 

The  citizens  stood  this  infliction  for  several  months 
with  the  notorious  patience  of  Americans.  They  no 
longer  ventiired  into  the  street  at  night,  and  barricaded 
their  doors  and  windows;  but  their  gorge  rose  slowly. 

It  was  these  very  people  scattered  in  tents  over  the  hill- 
sides that  the  Hounds  claimed  to  be  waging  war  against 
for  the  benefit  of  the  good  American  citizen;  many  of 
the  men  and  all  of  the  women  of  the  tent  colony  were 
wayfarers  of  little  character,  and  as  they  were  Chileans, 
Peruvians,  or  Mexicans,  no  doubt  it  was  that  contempt 
of  foreigners  so  ingrained  in  the  American  mind  that  per- 
mitted the  outrages  to  last  as  long  as  they  did. 

The  Hounds  naturally  grew  bolder  and  bolder.  On 
the  afternoon  of  Sunday,  the  15  th  of  July,  they  returned 
from  a  piratical  adventure  among  the  ranchos  across  the 
bay;  triumphant  and  very  drunk,  they  suddenly  deter- 
mined to  outdo  themselves.  Flourishing  firearms  and 
bludgeons,  and  led  by  their  "lieutenant,"  who  wore  a 
uniform  of  sorts,  they  paraded  the  streets  shouting  and 
screaming  and  occasionally  discharging  a  gun  into  the 

146 


CRIME    AND    FIRE 

air.  At  sundown  they  made  a  violent  descent  upon  the 
foreign  quarter,  tore  down  the  tents,  plundered  the  ter- 
rified dwellers  of  their  last  dollar  and  everything  port- 
able, then  beat  them  until  the  hills  resounded  with  groans 
and  screams,  pelted  them  with  stones,  and  yelled  like 
Indians  as  they  saw  the  blood  flow;  finally,  they  let  off 
their  firearms,  killing  a  number  of  those  that  were  unable 
to  hide  in  the  brush  or  find  refuge  in  the  town.  They 
kept  this  up  all  night. 

On  the  following  day  San  Francisco  rose  to  a  man. 
Alcalde  Leavenworth,  urged  by  Sam  Brannan,  a  better 
citizen  than  Mormon,  issued  a  proclamation  calling  a 
mass-meeting  at  three  o'clock  in  the  Plaza.  At  that  hour 
all  work  was  suspended,  all  shops  and  places  of  business 
closed.  Every  resident  of  San  Francisco  except  the 
Hounds  and  their  victims  packed  Portsmouth  Square. 
Mr.  W.  D.  M.  Howard,  one  of  the  many  Eastern  men  of 
education  and  ability  who  had  settled  in  the  country, 
was  called  upon  to  preside,  and  Dr.  V.  J.  Fourgeaud  was 
named  secretary.  Brannan  addressed  the  meeting,  ex- 
pressing the  alarm  and  disgust  of  all  at  the  criminal  horde 
which  they  had  permitted  to  attain  full  growth  in  their 
midst,  and  giving  a  terse  but  eloquent  recital  of  the 
Hounds'  many  outrages.  A  subscription  was  taken  up 
for  the  wounded  and  plundered  foreigners,  and  then  a 
volunteer  force  of  twenty-three  grim  and  determined 
citizens  were  organized  as  constables  to  dispose  of  the 
Hounds.  They  were  armed  to  the  teeth,  and  that  same 
afternoon  arrested  twenty  of  the  outlaws  and  imprisoned 
them  on  the  United  States  ship  Warren. 

Another  meeting  meanwhile  was  held  in  the  Plaza,  and 
Dr.  William  J.  Gwin  and  James  C.  Ward  were  elected 

147 


CALIFORNIA 

associate  judges  to  assist  Alcalde  Leavenworth,  who  has 
not  left  a  very  high  record  for  efficiency;  Horace  Hawes 
was  appointed  district  attorney,  and  Hall  McAllister  his 
associate  counsel.  Mr.  McAllister,  who  soon  afterward 
rose  to  the  leadership  of  the  California  bar  and  maintained 
it  until  his  death,  won  his  spurs  in  this  the  first  sensational 
lawsuit  of  his  adopted  city. 

There  was  little  difficulty,  however,  in  proving  these 
wretches  guilty.  They  were  condemned  to  various 
periods  of  imprisonment ;  but  as  there  was  no  prison  in  the 
city,  the  authorities  were  forced  to  set  them  at  liberty. 
Their  backbone  was  broken,  however,  and  they  feared 
lynching.  Many  of  them  left  the  country,  others  returned 
to  the  mines,  where  for  the  most  part  they  were  disposed  of 
by  buzzards  while  dangling  from  trees  "up  the  gulch." 

As  the  treasury  was  empty  and  there  was  a  crying  need 
for  policemen,  watchmen,  and  street-lighting,  there  was 
another  mass-meeting;  and  after  a  furious  debate  a  law 
was  passed  licensing  the  gambling-houses  and  imposing  a 
heavy  tax  upon  them  as  the  likeliest  source  of  revenue. 
Hundreds  of  gambling-houses  were  now  flourishing,  and 
every  hotel  had  its  tables :  faro,  monte,  roulette,  rouge-et- 
noir,  vingt-et-un.  Heavy  taxes  were  also  levied  upon 
real  estate,  auction  sales,  and  licenses  of  all  kinds.  The 
hulk  of  the  brig  Euphemia,  then  anchored  at  what  is  now 
the  corner  of  Jackson  and  Battery  streets,  was  bought  and 
converted  into  a  city  prison.  On  August  31st  a  Baptist 
church  was  dedicated;  and  other  denominations,  which 
already  had  Sunday-schools,  bestirred  themselves  to  build 
stable  places  of  worship,  if  only  to  counteract  the  licensed 
vice  of  the  town.  A  little  steamboat  was  sent  out  from 
Boston,  and  new  town  lots  were  surveyed.     The  streets 

148 


CRIME    AND    FIRE 

and  Plaza  were  now  almost  constantly  filled  with  a 
changing  throng,  representing  practically  all  the  races  of 
the  world,  many  in  their  native  costumes:  Chinamen, 
Malays,  Negroes,  Abyssinians,  Kanakas,  Fiji-Islanders, 
Japanese,  Russians,  Turks,  Jews,  Spaniards,  Mexicans, 
Peruvians,  Chilenos,  Englishmen,  Italians,  Frenchmen, 
and  Americans. 

Among  this  vast  motley  crowd  [says  Sould]  scarcely  two  men  from 
any  state  in  the  Union  could  be  found  dressed  alike.  .  .  .  The  long- 
legged  boot  with  every  variety  of  colored  top,  the  buckled-up  trouserg, 
scrapes,  cloaks,  pea-jackets,  broad-brimmed  slouch-hats  and  glazed 
hats.  ...  On  one  if  not  three  sides  of  the  Plaza  were  the  open  doors  of 
the  "hells"  of  San  Francisco.  On  other  portions  stood  hotels,  stores, 
and  offices,  the  custom-house  and  courts  of  law.  .  .  .  The  little  open 
space  which  was  left  to  the  crowds  was  occupied  by  a  multitude  of 
nondescript  objects,  by  horses,  mules,  and  oxen  dragging  burdens 
along,  boys  at  play,  stalls  with  sweetmeats,  newspapers,  prints,  toys, 
.  .  .  occasionally  even  at  this  early  period  the  crowd  would  make  way 
for  the  passage  of  a  richly  dressed  woman,  sweeping  along,  apparently 
proud  of  being  recognized  as  one  of  frail  character,  or  several  together 
of  the  same  class  mounted  on  spirited  horses  dashing  furiously  by, 
dressed  in  long  riding-skirts  pr,  wjiat  wag  quite  comnqon,  male  attire. 

The  average  age  of  the  men  was  twenty-five,  and  there 
were  few,  if  any,  over  thirty.  These  men  when  they  came 
in  from  the  mines  wore  the  usual  red  or  blue  flannel 
shirt,  top-boots  almost  concealing  the  trouser-leg,  a  heavy 
leather  belt  in  which  two  pistols  and  a  knife  were  con- 
spicuously displayed,  and  on  their  heads  a  silk  hat.  This 
last,  worn  at  all  hours,  was  a  sort  of  advertisement  of  its 
proud  possessor's  good  luck  at  the  mines. 

In  that  year  of  '49  there  were  few  decent  women  in  the 
city,  and  no  homes  save  those  that  had  existed  before  the 
discovery  of  gold.  The  women  of  commerce  had  followed 
the  invading  army  as  ever,  and  those  that  did  not  go  to 
the  mining-camps  to  share  the  golden  harvest  without  toil 

149 


CALIFORNIA 

presided  over  the  gambling-rooms  or  were  employed  as 
decoys  for  the  restaurants  and  saloons.  The  young  men 
returning  from  the  mines  heavy  laden,  eager  for  new 
excitements  and  any  kind  of  civilization,  sought  the  com- 
pany of  these  women,  there  being  none  other  to  seek. 
They  paraded  the  streets  with  them  by  day,  to  the  scandal 
of  the  few  but  increasing  number  of  decent  and  permanent 
citizens,  and  crowded  the  gambling-rooms  at  night.  San 
Francisco  at  that  time  was  a  sort  of  crucible  in  which 
human  character  became  fluid,  only  the  wildest  and  most 
lawless  impulses  crystallizing  on  the  surface.  Perhaps 
the  htmian  character  never  has  been  put  to  so  severe  a 
test.  Most  of  these,  young  men  had  been  well  brought  up, 
many  would  return,  if  they  did  return,  to  a  social  position 
in  their  native  town.  But  they  were  in  a  country  almost 
without  law,  with  none  of  the  restraining  influences  of 
organized  society,  their  brains  reeling  with  sudden  wealth 
taken  from  the  earth  in  the  most  romantic  surroundings, 
and  further  exhilarated  by  the  electric  air;  all  that  was 
primitive  in  them  became  rampant. 

To  characters  naturally  strong  came  the  inevitable 
reaction  before  harm  had  been  done,  and  many  of  these 
wild  young  men  lived  to  become  "leading  citizens  "  in  San 
Francisco  and  elsewhere.  But  others  formed  habits  never 
to  be  broken,  squandered  all  they  had  on  worthless  women 
and  in  the  gambling-halls,  and  either  drifted  whence  they 
came  or  hid  themselves  under  the  brush  of  the  sand- 
hills and  blew  out  their  brains.  The  mines  themselves 
were  a  relentless  clearing-house.  It  required  not  only 
physical  strength  but  moral  endurance  to  succeed  greatly ; 
and  hundreds  of  miners,  weakened  by  hardships  and  the 
unsanitary  conditions,  and  despairing  of  ever  "striking  it 


CRIME    AND    FIRE 

rich,"  crept  back  to  the  city  to  die  of  pneumonia,  dysen- 
tery, or  by  their  own  hand;  unless  they  had  saved  the 
price  of  the  return  voyage  or  could  borrow  it. 

Only  the  clean  tonic  air  of  San  Francisco  saved  it  from 
hideous  epidemics,  for  its  population  grew  daily,  and  most 
of  it  was  herded  in  bunk-houses  made  of  lath  and  cotton, 
or  was  camping  in  tents.  The  refuse  was  left  in  the  streets ; 
there  was  a  garbage-heap  at  every  door.  As  it  was,  there 
were  several  light  epidemics  of  cholera,  and  it  is  possible 
that  even  the  keen  Pacific  winds  would  not  have  saved  the 
city  from  sudden  depopulation  had  not  another  element 
come  to  the  rescue.  Within  eighteen  months  San  Fran- 
cisco was  almost  burned  to  the  ground  six  times.  The 
first  of  these  fires  occurred  on  December  4,  1849,  and  a 
million  dollars  went  up  in  flames,  but  with  them  a  vast 
amount  of  germ-breeding  filth.  On  the  4th  of  May,  1850, 
property  was  destroyed  to  the  amount  of  four  million 
dollars.  The  greatest  of  these  fires  was  on  the  14th  of 
May,  185 1,  in  which  twelve  million  dollars'  worth  of 
business  blocks  and  merchandise  were  consumed. 

After  each  of  these  fires,  almost  before  they  were  ex- 
tinguished, the  citizens  began  to  rebuild  with  dauntless 
courage  and  energy,  and  in  spite  of  the  cumulative  effects 
of  disasters  seeming  to  hint  that  Nature  had  not  lost  her 
old  spite  against  that  coast  of  so  many  geological  vicis- 
situdes. But  the  final  result  was,  that  after  the  most 
leveling  fire  in  her  history,  not  to  be  surpassed  until 
April,  1906,  she  erected  the  greater  number  of  her  hotels 
and  business  houses  of  substantial  materials  and  organ- 
ized a  proper  water  system;  an  improvement  entirely 
overlooked  before.  The  indomitable  spirit  and  enter- 
prise of  that  day  can  be  laid  to  the  survival  of  the  fittest, 


CALIFORNIA 

The  times  needed  strong  men,  strong  of  body  and  brain, 
and  only  the  strong  could  survive  in  the  face  of  unparal- 
leled hardships,  trials,  temptations,  and  disasters.  These 
men,  not  all  saints  by  any  means,  formed  a  nucleus  which 
enabled  San  Francisco  itself  to  survive  and  become  the 
great  city  of  the  Western  world. 

It  is  to  be  remembered  that  although  a  year  and  a  half 
is  a  negligible  period  in  an  old  community,  every  month  is 
a  crowded  year  in  such  conditions  as  existed  in  San 
Francisco  during  and  immediately  after  the  gold-rush. 
Scarcely  a  day  that  men  did  not  have  their  faculties  and 
characters  tried  to  the  limit  of  human  endurance.  The 
strong  men  saw  the  weak  falling  on  every  side,  dying  like 
flies,  creepijig  back  from  the  mines  unrecognizable  wrecks 
of  the  men  that  had  struck  the  trail  a  few  months  before 
with  the  insolent  boast  that  they  would  sail  for  "the 
States"  with  a  million  in  their  pockets  before  the  year 
was  out.  The  men  bom  to  survive  spent  their  days  in 
keen  business  competition,  money  crises,  and  in  a  fever- 
ish atmosphere  whose  temperature  never  seemed  to  drop; 
their  nights  with  one  ear  open  for  the  horrid  cry  of  fire  and 
the  sharp  clang  of  alarm-bells.  At  the  first  signal  they 
were  out  of  bed,  doctors,  lawyers,  merchants,  politicians, 
mechanics  rushing  to  the  engine-houses,  of  which  the 
greater  number  were  enrolled  members,  thence  to  the  hills 
to  watch  a  sea  of  flame  roll  over  all  they  possessed.  They 
had  their  moments  of  despair,  of  wild  excitement,  hut  out 
of  each  succeeding  conflagration  they  emerged  more 
finely  tempered,  more  grimly  determined  that  this  city 
of  San  Francisco  should  become  as  great  a  city  as  any 
they  had  left  behind,  and  their  own  fortunes  rise  from  the 
ashes  seventy  times  seven  if  the  Fates  pursued  them, 


CRIME   AND    FIRE 

When  one  remembers  the  character  of  these  men  and  the 
spirit  with  which  they  animated  the'^city  and  stamped  it, 
one  can  the  more  easily  understand  the  courage  and 
energies  which  astonished  the  world  after  the  great 
disaster  of  1906. 

But  the  sturdy  citizens  of  San  Francisco  were  not  tested 
by  fire  alone  and  the  demoralizing  atmosphere  of  the 
times.  No  sooner  had  they  disposed  of  the  Hounds  than 
they  became  aware  of  a  new  menace  to  their  security, 
although  these  fresh  additions  to  the  young  city's  under- 
world were  difficult  to  locate.  Taking  warning  from  the 
fate  of  the  noisy  and  defiant  Hoimds,  these  scoundrels  did 
not  advertise  themselves  by  a  headquarters,  nor  did  they 
parade.  A  few  of  this  new  band  of  criminals  were 
Mexicans,  but  the  greater  number  and  by  far  the  bolder 
were  released  criminals  and  ticket-of-leave  men  from 
Australia.  At  the  end  of  1849  a  himdred  thousand  immi- 
grants had  poured  into  the  territory.  A  similar  number 
arrived  in  1850,  advancing  the  population  of  San  Fran- 
cisco alone  from  five  thousand  to  nearly  thirty  thousand. 
Naturally,  it  was  easy  for  criminals  to  slip  in  singly  or  in 
hordes,  for  all  claimed  to  be  bound  for  the  mines,  which 
were  turning  millions  a  month  into  the  pockets  of  the 
industrious,  the  persistent,  and  the  lucky.  The  "Sidney 
Coves,"  however,  had  no  intention  of  working  with  pick 
and  shovel  at  the  min^s;  San  Francisco  was  a  gold-mine 
itself. 

The  citizens,  after  their  exercise  of  summary  justice  by 
popular  tribunal,  had  elected  officers  to  keep  the  city  in 
order,  and  returned  to  their  personal  avocations.  But 
while  the  merchants,  bankers,  and  other  business  men 
snatched  the  city  again  and  again  from  ruin  by  fire>  finan- 

IS3 


CALIFORNIA 

cial  shipwreck,  and  the  still  greater  menace  of  moral  evil, 
the  judges,  lawyers,  and  public  officials  in  general  were 
no  credit  to  the  community.  The  Hall  McAlHsters  were 
rare,  and  lawyers  of  the  order  of  shyster  and  shark  had 
come  to  the  new  territory  in  droves,  knowing  that  they 
could  establish  themselves  imnoticed  and  make  as  much 
money  with  their  dishonest  wits  as  all  but  the  luckiest 
at  the  mines.  These  men  could  be  bought  by  the  enter- 
prising members  of  the  underworld  with  gold-dust  and 
promise  of  votes,  and  the  human  vultures  that  now  infested 
the  city  were  able  to  conceal  their  individualities  and  their 
dwelling-places  from  the  citizens  as  long  as  they  chose, 
looting  the  town  with  such  frequency  and  thoroughness 
that  every  man  went  to  business  with  a  pistol  in  his  belt 
and  slept  with  it  under  his  pillow.  Once  more  nobody 
stirred  abroad  at  night;  and  those  that  patronized  the 
gambling-rooms  entered  before  dusk  and  remained  imtil 
daylight. 

Where  the  Hounds  had  dared  to  kill  upon  one  occasion 
only,  these  desperados  murdered  nightly  and  often  by 
day,  partly  because  it  amused  them,  partly  to  cover  their 
tracks.  The  few  police  were  terrorized  and  rarely  inter- 
fered with  their  adventures.  They  were  more  than  sus- 
pected of  starting  the  fires  that  they  might  loot  by  whole- 
sale, and  they  even  raided  the  gambling-houses  in  broad 
dayHght,  filling  their  hats  with  the  gold  on  the  tables 
and  leaving  a  trail  of  blood  behind  them. 

It  is  true  that  some  were  arrested,  but  their  lawyers 
were  well  paid  and  specious,  and  it  was  seldom  that  a 
judge  could  be  found  to  convict  them.  Theft,  robbery, 
burglary,  murder  were  all  in  the  day's  work,  and  as 
their  contempt  for  law  increased,  a  community  of  un- 

154 


CRIME    AND    FIRE 

speakable  wickedness  and  degradation  called  Sidney 
Town  flourished  openly  on  the  outskirts  of  the  city  at 
Clark's  Point.  Its  denizens  seemed  to  increase  with  the 
malignant  velocity  of  locusts.  The  busy  harried  citizens 
of  the  little  community  endured  their  outrages  from  the 
end  of  '49  to  the  beginning  of  '51,  hoping  against  hope 
that  the  law  would  prove  equal  to  its  obligations  and 
leave  the  good  men  free  to  build  and  rebuild  and  attend 
to  their  ever-increasing  problems.  But  although  the 
San  Franciscan  is  noted  for  his  philosophy  and  his  pa- 
tience, he  is  equally  distinguished  for  the  sudden  cessa- 
tion of  those  virtues  and  for  his  grim  and  immovable 
attitude  when  he  has  made  up  his  mind  to  exterminate 
and  reconstruct. 

Tlie  citizens  of  San  Francisco  suddenly  and  without 
warning  "sat  up"  in  June,  185 1,  and  formed  the  first 
of  the  two  famous  Committees  of  Vigilance. 

One  hundred  and  eighty-four  of  the  wealthiest,  most 
prominent,  and,  what  was  more  to  the  point,  as  it  meant 
neglect  of  business,  the  most  industrious  and  enterprising 
of  San  Francisco's  men  formed  themselves  into  a  secret 
Committee  of  Vigilance  for  the  purpose  of  cleaning  up 
the  city  morally  and  restoring  it  to  order.  Although  it 
had  been  mooted  for  some  time,  it  was  not  organized  until 
Jime,  and  then  not  until  a  desperate  attempt  had  been 
made  to  induce  the  proper  authorities  to  enforce  the  law. 
The  patience  of  the  general  public  being  exhausted,  there 
had  been  daily  mass-meetings,  and  indignation  reached 
its  climax  when  two  alleged  murderers,  an  Englishman 
named  James  Stuart  and  a  confederate,  Joseph  Windred, 
were  taken  to  the  City  Hall  for  trial  with  little  prospect 
of  conviction.     Eight  thousand  citizens  surrounded  the 

155 


CALIFORNIA 

building,  clamoring  for  justice.  Fourteen  of  their  num- 
ber— W.  D.  M.  Howard,  Samuel  Brannan,  A.  J.  Ellis, 
H.  P.  Teschemacker,  W.  H.  Jones,  B.  Ray,  G.  A.  King, 
A.  H.  Sibley,  J.  L.  Folsom,  F.  W.  Macondray,  Ralph 
Dorr,  Theodore  Pajme,  Talbot  H.  Green,  and  J.  B.  Huie — 
were  appointed  a  committee  to  consult  with  the  authori- 
ties and  guard  the  prisoners  from  public  wrath  until 
they  should  be  tried.  The  situation  may  be  indicated 
by  the  brief  speech  made  by  Mr.  Brannan  to  the  more 
conservative  of  the  committeemen: 

I  am  very  much  surprised  to  hear  people  talk  about  grand  juries, 
recorders,  or  mayors.  I'm  tired  of  such  talk.  These  men  are  mur- 
derers, I  say,  as  well  as  thieves.  I  know  it,  and  I  will  die  or  see  them 
hung  by  the  neck.  I'm  opposed  to  any  farce  in  this  business.  We 
had  enough  of  that  eighteen  months  ago,  when  we  allowed  ourselves 
to  be  the  tools  of  those  judges  who  sentenced  convicts  to  be  sent  to 
the  United  States.  We  are  the  mayor  and  the  recorder,  the  hangman 
and  the  law.  The  laws  and  the  courts  never  yet  hung  a  man  in  Cali- 
fornia, and  every  morning  we  are  reading  fresh  accounts  of  murders 
and  robberies.  I  want  no  technicalities.  Such  things  are  devised 
to  shield  the  guilty. 

But  moderation  prevailed  for  the  moment.  After  an- 
other appeal  to  the  assembled  people  it  was  decided  to 
choose  a  jury  from  their  number,  as  well  as  a  sheriff, 
judges,  a  clerk,  and  a  public  prosecutor.  Men  of  the  high- 
est standing  were  immediately  elected  for  these  offices: 
William  T.  Coleman,  prosecuting  attorney;  Hall  McAl- 
lister and  D.  O.  Shattuck,  counsel  for  the  prisoners; 
J.  R.  Spence,  presiding  judge;  H.  R.  Bowie  and  Charles 
L.  Ross,  associate  judges;  John  E.  Townes,  sheriff;  and 
W.  A.  Jones,  clerk.  While  the  whole  town  was  still  in 
an  uproar  the  two  prisoners  were  tried  and  defended, 
but  the  jury  disagreed,  and  in  spite  of  the  shouts  of 
"Hang  them!    Hang  them!"  from  without,  "The  ma- 

J56 


CRIME   AND    FIRE 

jority  rules!"  they  were  handed  over  to  the  authorities 
to  be  tried  in  due  legal  form.  The  result  Was  what  no 
doubt  even  those  stem  but  still  patient  men  may  have 
expected :  Windred,  who  was  sentenced  to  fourteen  years' 
imprisonment^  found  no  difficulty  in  cutting  his  way  out 
of  jail  and  escaping;  and  Stuart  (who  turned  out  to  be 
the  wrong  man  and  innocent)  was  sent  to  Marysville  to 
stdnd  his  trial  for  murder. 

It  was  then  that  patience  ceased  to  be  a  virtue  and  the 
Vigilance  Committee  was  organized. 

They  chose  as  headquarters  rooms  on  the  fcornfer  of 
Battery  and  Pine  streets.  The  Monimiental  Fire  Com- 
pany was  to  toll  the  bell  (instead  of  ringing  it  wildly,  as 
for  fires)  as  a  signal  for  the  committee  to  meet  and  try 
a  prisoner.  It  was  on  the  night  of  the  ibth  of  June  that 
the  bell  tolled  for  the  first  time ;  and  its  deep  solemn  note 
filled  the  city.  Thousands  of  citizens  who  had  the 
merest  inkHng  of  what  was  on  foot  tumbled  out  of  their 
houses  and  gathered  in  the  street  before  the  lighted  room 
to  await  the  verdict,  for  they  sOon  learned  that  a  prisoner, 
John  Jenkins,  a  "Sidney  Cove,"  was  t>n  trial  for  his  lif6. 

The  proceedings  within  were  thorough  but  brief.  At 
midnight  the  bell  tolled  again  as  a  signal  that  the  death- 
sentence  had  been  passed  and  that  the  execution  would 
take  place  at  once.  Mr.  Brannan  came  out  and  addressed 
the  crowd,  telling  them  what  had  been  done,  that  all 
evidence  had  been  sifted,  and  asking  their  opinion  of  the 
verdict.  The  crowd  expressed  its  unanimous  approval  iti 
a  shout  which  drowned  the  slow  clanging  of  the  bell.  A 
clergyman  went  in  to  talk  to  the  condemned  man,  and  at 
two  o'clock  Jetikins  was  brought  out,  closely  pinioned  and 
surrounded  by  the  members  of  the  committee,  who  Wei-e 

157 


CALIFORNIA 

armed  to  the  teeth.  The  waiting  crowd  silently  fell  into 
line  behind  and  marched  through  Sansome,  CaHfomia, 
Montgomery,  and  Clay  streets  to  the  Plaza.  The  noose 
was  adjusted  and  the  other  end  thrown  over  a  beam 
projecting  from  an  adobe  house.  Scarcely  a  word  was 
spoken,  but  many  hands  volimteered  at  the  rope  imtil  the 
wretch's  struggles  ceased.  The  man  was  one  of  the  most 
notorious  of  the  desperados  infesting  the  city,  but  had  he 
been  obscure  it  is  doubtful  if  "the  law"  would  have  taken 
more  than  a  perfimctory  notice  of  this  act  of  summary 
justice,  being  now  fully  aware  that  the  majority  of  San 
Francisco's  population  was  on  the  side  of  the  Vigilantes. 

The  committee  then  emerged  from  its  secrecy,  published 
its  roll  of  names  in  full,  and,  invoking  an  old  Mexican  law 
which  forbade  the  immigration  of  any  person  convicted 
of  crime  in  another  country,  ordered  the  Cove  population 
to  leave  California  at  once.  Some  were  shipped  off; 
others,  terrified  by  the  fate  of  Jenkins,  fled  without 
further  invitation. 

Meanwhile  the  Committee  of  Vigilance  had  fotmd  the 
true  James  Stuart  and  ordered  the  miserable  creature 
shivering  in  the  Marysville  jail  to  be  set  at  liberty.  Of 
all  the  villains  of  that  day  Stuart  seems  to  have  been  dyed 
with  the  darkest  and  most  indelible  pigment.  He  had 
begun  his  career  of  crime  at  the  age  of  sixteen  and  omitted 
none  in  the  calendar.  When,  staring  down  at  those  rows 
of  determined  men,  with  their  set  grim  faces,  and  at  the 
armed  body-guard  against  the  walls,  at  the  doors,  and  on 
the  stairs,  he  realized  that  the  game  was  up  he  deter- 
mined to  retire  from  the  world  in  a  blaze  of  glory,  and  told 
of  his  hundred  crimes  vividly  and  in  horrid  detail.  After 
he  had  finished  he  was  given  two  hours  for  repentance. 

158 


CRIME    AND    FIRE 

At  the  end  of  that  time  the  big  bell  tolled;  manacled  and 
siuTOimded  by  drawn  pistols  to  prevent  any  attempt  at 
rescue,  he  was  escorted  to  the  wharf  at  the  foot  of  Market 
Street  and  hanged. 

At  this  point  the  governor,  John  McDougal,  although 
secretly  in  S5mipathy  with  the  committee,  felt  that  he 
must  make  a  show  of  upholding  the  law,  and  when  it  was 
known  that  two  other  prisoners  had  been  taken  to  the 
rooms  on  Battery  Street  he  counseled  the  sheriff  to  rescue 
them  and  take  them  to  the  official  lockup.  The  sheriff 
effected  the  rescue  by  a  coup;  but  immediately  the  bell 
tolled,  and  the  committee  hastened  to  their  headquarters. 
A  few  hours  afterward  they  broke  into  the  jail,  brushed 
aside  the  guards,  and  hurried  the  prisoners  into  a  coach.  A 
whip  was  freely  applied  to  the  horses,  which  galloped  down 
to  Battery  Street,  while  the  bell  tolled  the  annoimcement 
that  the  men,  Whittaker  and  McKenzie,  were  about  to  die. 
The  crowd  ran  after  the  carriage,  but  when  they  reached 
the  place  of  execution  the  two  bodies,  hooded  and  pinioned, 
were  swinging  in  the  air. 

After  this  no  further  attempt  was  made  to  interfere 
with  the  committee,  but  neither  were  they  called  upon  to 
execute  further  vengeance.  Those  of  the  Coves  that  had 
dared  to  linger  on  fled  like  rats,  and  for  a  while  the  city 
had  a  complete  rest  from  crime,  although  seldom  from 
excitement. 

It  was  now  a  substantial-looking  city,  with  real  hotels 
and  solid  houses  in  place  of  shacks  and  tents;  a  hospital, 
a  mercantile  Hbrary,  a  cemetery  (for  a  time  the  dead  had 
been  buried  where  they  fell  and  often  sickened  in  the 
streets),  churches,  brick  and  granite  business  buildings,  and 
an  orderly  population — for  a  time.  The  better  class  no 
11  159 


CALIFORNIA 

longer  gambled  in  public  or  attended  bull-fights  at  the 
mission ;  and  although  the  city  was  still  unpaved  and  the 
rats  ran  over  the  citizens'  feet  as  they  floundered  through 
the  mud  at  night,  and  the  prices  remained  so  high  that 
the  San  Franciscans  of  the  '50's  would  have  laughed  to 
scorn  the  complaints  of  to-day,  at  least  the  proud  citizens 
could  go  unarmed  once  more  and  enjoy  the  knowledge 
that  their  belongings  were  their  own  and  that  there  was  a 
reasonable  prospect  of  dying  in  bed. 

The  population  of  California  at  the  close  of  1853  was 
estimated  at  326,000,  of  whom  204,000  were  Americans, 
30,000  Germans,  28,000  French,  20,000  Hispano-Amer- 
icans,  other  foreigners  of  white  extraction  5,000,  Chinese 
17,000,  Indians  30,000,  Negroes  2,000.  Of  this  number 
one  hundred  thousand  were  supposed  to  be  working 
miners,  the  others  forming  the  population  of  the  towns 
and  rural  communities.  The  population  of  San  Francisco 
was  fifty  thousand,  thirty- two  thousand  of  whom  were 
Americans.  By  this  time  the  metropolis  boasted  about 
eight  thousand  women,  good,  bad,  and  indifferent.  Three 
hundred  children,  many  of  them  the  abandoned  offspring 
of  the  criminal  class,  had  wandered  into  a  town  which  had 
little  welcome  for  the  unprotected.  In  185 1  my  grand- 
father, Stephen  Franklin,  assisted  by  several  ladies  of  the 
different  churches,  succeeded  in  founding  an  orphan- 
asylum,  and  gathered  up  such  of  the  waifs  as  had  sur- 
vived neglect  or  had  not  gasped  out  their  feeble  lives, 
abandoned  among  the  sand-hills. 

There  were  fifteen  fire-companies  in  this  ambitious  but 
inflammable  city,  which  now  had  nearly  two  hundred  and 
fifty  streets  and  alleys,  two  public  squares,  sixteen  hotels, 
sixty-three  bakeries,  five  public  markets,  twenty  bathing- 

160 


CRIME   AND    FIRE 

establishments,  fifteen  flour  and  saw  mills,  thirteen  foun- 
dries and  iron-works,  nineteen  banking-firms,  eighteen 
public  stables,  ten  public  schools  with  twenty-one  teach- 
ers and  1,259  scholars,  besides  private  schools,  eighteen 
churches  with  8,000  members,  six  military  companies 
with  350  members  in  all,  two  government  hospitals  and 
one  private  one,  an  almshouse,  eight  lodges  of  secret  be- 
nevolent societies,  a  fine  law  library,  two  himdred  attor- 
neys, four  public  benevolent  societies,  twelve  newspapers, 
a  Philharmonic  Society,  five  theaters,  two  race-courses, 
several  lecture  -  halls,  twelve  large  wharves,  forty -two 
wholesale  liquor  houses,  and  five  hundred  and  thirty- 
seven  saloons.  It  was  now  five  years  since  the  great 
immigration  had  given  a  fresh  impulse  to  the  once  serene 
little  city,  and  it  had  lived  at  the  rate  of  fifty.  It  cov- 
ered three  square  miles,  and  its  real  estate  was  valued  at 
thirty-eight  million  dollars.  Since  it  had  risen  from  the 
ashes  of  the  last  fire  in  185 1  it  had  begun  to  feel  more 
like  a  veritable  city,  not  quite  like  other  cities  perhaps, 
but  still  one  of  which  its  indomitable  and  sorely  tried 
founders  could  well  be  proud.  After  its  sweeping  clean- 
up it  breathed  freely  for  almost  three  years ;  but  although 
it  had  few  delusions  about  the  permanence  of  good  con- 
duct in  that  town  of  many  nationalities  and  temptations, 
nothing  was  further  from  its  mind  than  tolling  the  bell 
for  another  Committee  of  Vigilance. 

But  before  describing  those  tragic  and  far-reaching 
events  whicl.  led  to  the  organization  of  the  most  formi- 
dable public  tribunal  in  the  history  of  modem  civilization 
it  is  necessary  to  devote  a  chapter  to  the  politics  of  the 
state  from  the  time  of  the  American  occupation,  in  1846, 
until  the  assassination  of  James  King  of  Wm. 


XI 

POLITICS 

The  military  governors  of  California  immediately  fol- 
lowing the  occupation  were  Sloat,  Stockton,  Kearney, 
Mason,  and  Riley.  On  April  13,  1849,  Brig.-Gen.  Ben- 
nett Riley,  upon  his  arrival  in  California,  annoimced 
that  he  had  assumed  the  administration  of  the  civil 
affairs  of  California.  He  foimd  a  territory  seething 
with  political  problems  in  no  wise  obscured  by  the  ex- 
citement of  the  gold  discovery. 

Congress  had  provided  no  territorial  government  for 
its  new  possession  on  the  Pacific  coast,  although  the  treaty 
with  Mexico  had  been  ratified  in  May  of  the  previous 
year.  It  was  not  long  before  the  anxious  and  indignant 
Califomians,  their  need  of  definite  laws  increasing  daily, 
learned  the  reason.  The  two  great  parties  in  Congress 
had  locked  horns  over  the  question  of  the  introduction 
of  slavery  into  the  vast  territory  extending  to  the  Rocky 
Mountains  and  known  as  CaHfomia.  The  South  had 
advocated  the  annexation  of  Texas  and  the  Mexican  War 
solely  in  the  hope  of  increasing  its  own  strength.  Con- 
gress being  equally  divided  on  the  slave  question. 

President  Polk  in  his  message  of  December  5,  1848, 
had  pointed  out  that  California  with  its  abnormal  con- 
ditions demanded  the  immediate  organization  of  a  terri- 
torial government.     Its  inhabitants,  already  numbering 

162 


POLITICS 

many  hundreds  of  Americans,  were  entitled  to  the  pro- 
tection of  the  laws  and  Constitution  of  the  United  States, 
and  yet  were  left  without  any  provision  according  them 
their  rights.  It  was  true  that  the  very  Hmited  power  of 
the  executive  had  been  exercised  to  preserve  and  protect 
them  from  anarchy;  but  the  only  government  in  the 
country  was  that  estabUshed  by  the  military  authority. 
In  other  words,  California  had  a  mere  de  facto  govern- 
ment— ^resting  on  the  presumed  consent  of  the  inhabi- 
tants— consisting  of  nine  parts  military  authority  and 
the  rest  such  efforts  as  minor  officials  might  make  to  in- 
sure peace  by  the  enforcement  of  the  old  Mexican  ma- 
chinery. The  Americans  in  California  had  accepted  this 
condition  on  the  understanding  that  Congress,  immedi- 
ately upon  the  consummation  of  the  treaty  with  Mexico, 
would  legislate  a  legal  and  authoritative  government. 
New-comers  and  old  cherished  nothing  but  contempt  for 
the  rusty  and  inadequate  Mexican  laws,  and  they  liked 
the  undemocratic  military  rule  no  better.  As  time 
passed  and  no  relief  came  from  Washington  they  grew 
more  and  more  indignant,  holding  mass-meetings  all 
over  the  state,  save  at  the  gold-mines,  which  preferred 
their  own  laws. 

All  that  Washington  had  done  at  the  beginning  of 
1849  was  to  extend  the  revenue  laws  over  the  new  terri- 
tory, making  San  Francisco  a  port  of  entry,  and  Monterey, 
San  Diego,  and  what  was  called  later  Fort  Yuma,  ports 
of  delivery;  authorize  the  President  to  appoint  a  col- 
lector of  customs,  and  provide  a  complete  revenue 
system;  appoint  William  van  Voorhies  agent  for  the 
establishment  of  post-offices  and  the  transmission  of 
mails  throughout  the  territory;   and,  in  January,  to  ap- 

163 


CALIFORNIA 

point  a  commission  under  John  B.  Weller  to  run  and 
mark  the  boimdary  hne  between  Mexico  and  the  United 
States.  At  the  end  of  the  Polk  administration,  in  March, 
1849,  with  the  free  and  slave  states  equal  nimierically, 
it  looked  as  if  California  might  precipitate  the  death- 
struggle  between  the  North  and  the  South. 

There  were  already  many  able  men  in  California  apart 
from  the  hardy  pioneers  seeking  fortune  at  the  mines;  men 
of  brains,  education,  political  experience,  executive  ability, 
and  sense  of  public  responsibility.  Some  of  the  men — 
Sutter,  Leese,  Howard,  Pacificus  Ord,  Walter  Colton, 
Larkin,  Hartnell,  Semple,  Brannan,  Don  Timeteo  Mur- 
phy, Josiah  Belden,  first  mayor  of  San  Jose  —  had 
lived  in  the  country  for  many  years  before  the  dis- 
covery of  gold.  A  few  were  native  Califomians — Valle- 
jo,  Pablo  de  la  Guerra  (son  of  the  redoubtable  old  Don 
Jose),  Romualdo  Pacheco,  Carrillo,  Covarrubias.  But  the 
ablest  by  far  were  William  Gwin  and  David  Broderick, 
two  men  who  had  come  to  the  future  great  state  to  gratify 
their  political  ambitions  more  quickly  than  was  possible 
in  older  communities,  and  share  in  its  spectacular  oppor- 
tunities. Gwin  was  from  Tennessee,  a  gentleman  by 
birth,  upon  whom  fortune  continued  to  smile  until  the 
Civil  War,  a  man  of  wide  experience  in  politics,  and, 
what  was  rare  for  that  day,  of  considerable  personal  ex- 
perience of  Europe.  He  also  had  had  adventures  enough 
to  harden  him  for  the  r61e  of  pioneer.  He  may  be  ranked 
as  the  most  intellectual,  brilliant,  subtle,  suave,  and  im- 
scrupulous  leader  California  has  ever  had.  His  one 
rival  was  Broderick,  an  Irish-American,  a  stone-mason's 
son,  who  had  been  a  fireman  and  ward  politician  in  New 
York.     His  native  abilities  were  as  great  as,  if  not  greater 

164 


POLITICS 

than,  Mr.  Gwin's,  but  he  had  had  Httle  education  and  at 
that  time  was  rough  in  dress  and  manner.  But  there  was 
no  poUtical  trick  he  did  not  know,  nor  had  he  the  least 
scruple  in  using  the  basest  henchmen  to  accomplish  his 
ends.  But  he  was  a  man  in  whom  good  predominated 
outside  of  politics,  as  will  be  seen ;  and  he  possessed,  and 
gradually  developed,  real  greatness.  Both  men  were 
Democrats,  but  Gwin  was  proslavery,  Broderick  violently 
opposed  to  it  and  determined  that  it  should  never  be  in- 
troduced into  California.  He  was  twenty-nine  years  old 
at  this  time,  Gwin  forty-four — so  advanced  an  age  in 
that  era  of  young  men  that  he  was  always  mentioned  as 
"old  Gwin."  He  was  a  very  handsome  man,  however, 
tall,  stately,  smooth-shaven,  patrician.  Broderick,  it 
must  be  confessed,  looked  like  a  chimpanzee;  his  upper 
lip  was  abnormally  long,  and  his  face  fringed  from  ear 
to  ear,  but  he  was  quite  as  impressive  in  his  way  as 
Mr.  Gwin,  and  had  a  cold  blue-gray  eye  of  extraordinary- 
penetration  and  power. 

Fremont  also  had  come  back  to  California  to  play  a 
political  r61e  in  the  territory  so  romantically  associated 
with  his  name,  but  his  California  career  was  practically  at 
an  end.  Other  men  to  figure  in  the  history  of  the  state 
and  of  San  Francisco  particularly  were  William  T.  Cole- 
man, Horace  Hawes,  Eugene  Casserly,  Hall  McAllister, 
Peter  Burnett,  John  McDougal,  Thomas  B.  King,  James 
King  of  Wm.,  Joseph  H.  Folsom,  John  W.  Geary,  Theo- 
dore Payne,  and  a  future  chief  justice  of  the  United  States, 
Stephen  J.  Field,  at  that  time  identified  with  Marysville. 

These  men  were  not  tempted,  or  but  briefly,  by  the 
mines.  They  recognized  their  own  mental  abilities  as 
well  as  the  future  greatness  of  California;  but  they  were 

165 


CALIFORNIA 

appalled  by  the  conditions  bordering  on  chaos,  and  they 
had  asked  Governor  Mason  to  call  a  constitutional  con- 
vention. But  although  Mason  was  the  best  and  most 
sympathetic  of  the  military  governors,  he  was  a  cool  and 
wary  officer  and  felt  no  disposition  toward  so  radical  a 
measure.  Before  his  administration  came  to  an  end, 
however,  he  was  convinced  that  California  in  the  absence 
of  protection  from  Washington  and  with  a  vast  and 
increasing  number  of  problems,  must  do  something  for 
herself,  and  advised  his  successor,  General  Riley,  to  call 
the  convention. 

Riley  demurred  and  hesitated,  but  when  he  learned  that 
once  more  Congress  had  adjourned  without  organizing  a 
territorial  government  for  California  he  issued  a  proclama- 
tion to  the  effect  that  it  was  necessary  to  call  a  constitu- 
tional convention,  and  appointed  August  ist  as  election 
day  for  delegates.  These  elections  caused  great  excite- 
ment all  over  the  territory,  but  most  of  the  men  who 
wished  to  be  delegates  and  had  organized  their  forces 
properly  were  sent  to  Monterey.  It  was,  on  the  whole,  a 
notable  gathering,  and  among  the  thirty-seven  delegates 
were  many  of  the  men  already  mentioned.  The  conven- 
tion met  in  Colton  Hall,  Monterey,  on  September  ist,  and 
lasted  until  the  middle  of  October.  There  was  no  ques- 
tion from  the  beginning  of  a  practically  universal  senti- 
ment against  the  introduction  of  slavery  into  the  territory; 
and  Gwin,  too  wise  ever  to  advocate  a  lost  cause  openly, 
strove  to  preserve  the  territorial  boimdaries  of  the  cession, 
which  embraced  the  present  Nevada,  Utah,  and  Arizona, 
and  foist  it  upon  Congress  for  admission  into  the  Union 
as  one  vast  state.  Inevitably  it  would  fall  to  pieces  of  its 
own  weight,  and  it  would  then  be  an  easy  matter  not  only 

i66 


POLITICS 

to  deliver  portions  of  it  to  the  Southern  faction,  but  to 
separate  southern  California  from  the  north  and  capture 
it  for  slavery.  The  native  Califomians,  who  were  already- 
disgusted  and  alarmed,  favored  the  division  at  once,  but 
the  whole  scheme,  subtle  and  open,  was  defeated.  North- 
ern men  were  on  the  watch  for  every  move  of  the  enemy, 
and  the  Americans  of  the  intermediate  period  in  Cali- 
fornia were  determined  upon  a  compact  state  between  the 
Sierra  Nevada  Mountains  and  the  Pacific  Ocean. 

The  state  constitution,  closely  following  that  of  the 
state  of  New  York,  was  drawn  up  finally,  and  in  No- 
vember submitted  to  the  people.  They  adopted  it 
promptly,  and  Peter  H.  Burnett  was  elected  governor, 
John  McDougal  lieutenant-governor,  Edward  Gilbert  and 
George  W.  Wright  Representatives  to  Congress.  On 
Saturday,  December  15th,  the  first  legislature  imder  the 
constitution  met  at  San  Jose,  and  Gwin  and  Fremont  were 
elected  United  States  Senators;  but  Fremont  drew  the 
short  term  and  enjoyed  the  coveted  honor  for  only  six 
months. 

When  the  Senators  and  Representatives  arrived  in 
Washington  the  fight  over  the  admission  of  CaHfornia 
was  at  white-heat.  Clay,  curiously  enough,  advocated  it 
without  the  slave  clause,  and  Webster  refused  to  vote  for 
the  prohibition,  "as  California  was  destined  for  freedom, 
and  he  would  not  take  the  pains  to  reaffirm  an  ordinance 
of  nattu-e  or  re-enact  the  will  of  God!"  Calhoun,  on  the 
other  hand,  expended  his  dying  energy  in  denouncing  the 
Califomians  for  daring  to  make  a  state  without  the  con- 
sent of  Congress,  insisted  that  it  should  be  remanded 
back  to  its  old  condition,  as  its  admission  would  irretriev- 
ably destroy  the  equilibrium  between  the  two  national 

167 


CALIFORNIA 

sections.  Having  exhausted  their  thunder,  they  put  the 
momentous  question  to  the  vote;  and  in  August,  1850,  the 
bill  providing  for  the  admission  of  California  as  a  state 
passed  the  Senate,  all  members  from  free  states  and  six 
from  slave  states  voting  in  its  favor.  On  September  19, 
1850,  President  Fillmore  signed  the  bill,  and  California 
became  the  thirty-first  state  of  the  Union. 

When  the  news  made  its  slow  way  to  the  Pacific  coast 
there  was  ringing  of  bells  in  San  Francisco,  and,  in  all  the 
towns  of  the  state,  bonfires,  balls,  and  general  rejoicing. 
One  great  question  was  settled  for  all  time,  and  the  new 
constitution  had  given  them  the  laws  of  an  old  and  highly 
civilized  state.  But  the  laws  proved  to  be  more  civilized 
than  the  inhabitants.  As  we  have  seen,  the  responsible 
citizens  of  San  Francisco  had  twice  been  obliged  to  take 
the  law  into  their  own  hands;  and  this  was  done  again 
and  again  at  the  mines. 

A  community  large  enough  for  the  making  of  money 
in  more  than  living  quantities  would  seem  to  be  much 
like  the  human  body  afflicted  with  certain  microbous 
diseases:  the  germs  can  be  frozen  out  or  dried  out  by 
change  of  climate  and  drastic  measures,  but  when  vigil- 
ance is  relaxed  they  swarm  back  to  devour  the  body  or 
the  body  politic.  If  it  were  not  for  this  eternal  warfare 
between  good  and  evil  life  would  be  dull  enough,  no 
doubt,  and  anathema  to  the  reformers;  but  it  is  certainly 
a  remarkable  fact  that  with  advancing  civilization  there 
is  little  or  no  diminution  of  the  number  and  prowess  of 
the  forces  of  evil.  As  quickly  as  the  surgeon's  knife  is 
applied  to  one  spot  and  the  world  triumphantly  informed 
that  this  particular  abuse  is  gone  for  ever,  the  same  malig- 
liant  elements  rooted  in  human  nature  break  out  in  an- 

168 


POLITICS 

other  spot,  are  called  by  another  name,  and  eat  their 
vile  way  until  once  more  they  are  cut  from  the  surface 
and  forced  to  burrow  toward  a  new  pasture.  In  other 
words,  the  good  men  (or  the  better)  go  to  sleep  after  a 
grand  display  of  all  their  latent  forces,  and  the  bad  men 
(who  have  enjoyed  a  rest  and  recuperated)  move  silently 
to  the  fore. 

In  a  young  community  like  San  Francisco,  which  had 
skipped  the  intermediate  stages  of  growth  and  developed 
abruptly  from  an  almost  innocent  and  quite  contented 
childhood  to  a  raging,  crude,  and  heterogeneous  ma- 
turity, life  was  a  matter  of  extremes.  Men  grew  rich  in  a 
month  by  the  inflation  of  prices  and  lost  all  in  the  reac- 
tion after  a  wild  period  of  speculation;  they  were  upright 
patriotic  citizens,  behaving  themselves  astonishingly  well, 
considering  the  atmosphere  in  which  they  lived,  or  they 
were  disreputable  gamblers,  pimps,  and  outlaws.  All 
classes  and  kinds  had  but  one  thing  in  common — they 
were  as  extravagant  as  if  the  very  sand-dunes  behind 
the  ugly  uncomfortable  little  city  were  composed  of  grains 
of  gold  and  would  be  renewed  until  the  end  of  time. 
Wives  and  daughters  had  been  sent  for  before  the  fifties 
were  well  advanced,  and  they  dressed  quite  as  brilliantly 
as  the  ladies  of  the  lower  ten  thousand;  many  private 
carriages  looked  singularly  out  of  place  in  those  uneven 
streets  fringed  with  garbage;  there  were  nightly  balls, 
and  the  theaters  were  crowded  whenever  artists  found 
the  way  to  that  remote  coast.  In  that  feverish  unreal 
life  the  domestic  settled  existence  of  older  communities 
was  almost  unknown;  business,  politics,  and  the  ever- 
increasing  problems  of  the  town,  furnished  a  constant 
excitement  for  the  men,  who  preferred  to  spend  their 

169 


CALIFORNIA 

evenings  in  the  private  rooms  of  public  resorts  discussing 
ways  and  means.  The  women  had  to  find  excitement 
for  themselves;  and  the  consequence  was  many  divorces. 
In  fact,  imless  a  woman  had  young  children  to  ab- 
sorb her,  or  abnormally  high  principles,  or  some  inner 
capital,  flirtation  was  practically  the  only  distraction  in 
that  new  community  absolutely  without  the  common 
resources  of  civilization.  It  was  for  that  reason  that 
when  such  natural  social  leaders  as  Mrs.  Hall  McAllister, 
Mrs.  Gwin,  and  other  Southern  women  did  take  hold 
and  organize  society,  their  laws  were  more  stringent  than 
anything  they  had  left  behind  them.  Women  who  would 
remain  members  of  that  select  band  must  at  least  exer- 
cise prudence  in  their  indiscretions ;  and  although  no  one 
in  that  gossiping  community  was  free  from  slander,  if 
sufficiently  prominent,  at  least  there  was  a  high  standard, 
and  this  standard  existed  until  almost  the  present  time. 

But  these  women  numbered  himdreds,  and  the  women 
of  commerce  swarmed  into  San  Francisco  by  the  thou- 
sand and  paraded  the  streets  constantly,  bolder  than 
they  have  ever  dared  to  be  since — although  any  woman 
in  a  crinoline  and  a  coal-scuttle  bonnet  must  have  found 
some  difficulty  in  making  herself  look  bold  and  unclassed 
— and  these,  besides  being  the  decoys  for  the  gambling- 
houses,  saloons,  and  restaurants,  furnished  cause  for 
many  of  the  divorces. 

And  as  for  the  underworld,  it  might  flee  the  immediate 
wrath,  but  it  invariably  crept  back — unless  lynched — and 
was  augmented  by  villains  of  a  new  dye.  After  the  sup- 
pression of  lawlessness  in  185 1  the  citizens  had  much  to  oc- 
cupy their  attention  for  several  years.  Until  1854  money 
came  freely,  people  seemed  to  grow  richer  every  day.    As 

170 


POLITICS 

a  natural  result  they  became  intoxicated  with  prosperity 
and  over-built,  over-speculated,  over-imported,  and  spent 
with  mad  extravagance.  In  1854  came  the  inevitable  re- 
action, which  was  precipitated  by  a  dry  winter  and  crop 
failures,  the  ruinous  speculation  and  even  dishonesty  of 
business  men  and  bankers,  the  looting  of  the  city  treasury 
by  officials.  In  1854  three  hundred  out  of  a  thousand 
business  houses  failed,  and  in  the  course  of  the  year  there 
were  filed  in  the  courts  seventy-seven  petitions  of  in- 
solvency, aggregating  many  millions  of  dollars.  In  the 
following  year  the  insolvencies  numbered  one  hundred 
and  ninety  -  seven,  and  several  banking-houses  failed, 
crippling  or  ruining  outright  a  large  number  of  depositors 
and  business  firms. 

It  may  be  imagined  that  during  this  stormy  period 
the  excitement  was  greater  than  ever  before,  men  were 
more  individual  and  self -centered  in  their  interests.  This 
was  the  opportunity  for  thousands  of  human  buzzards, 
and  they  swarmed  in,  fattening  on  prosperity  and  ruin 
alike. 

By  far  the  most  devastating  of  these  to  the  distracted 
city  were  the  professional  politicians,  men  of  the  lowest 
type,  who  had  been  educated  in  the  wards  of  the  Eastern 
cities,  and  whose  sole  attitude  to  the  world  was  that  of 
the  looter  in  search  of  loot.  Either  finding  it  expedient 
to  vanish  from  their  native  haunts,  or  scenting  heavier 
dividends  in  vice,  they  came  to  the  new  city  by  every 
ship;  and  while  its  citizens  were  using  all  their  energies, 
first  in  aggrandizement  and  pleasiire  and  then  to  keep 
their  imseaworthy  ship  above  the  storm  waters,  they 
quietly  took  political  possession. 

Honest  men,  in  fact,  learned  to  avoid  the  polls,  gangs 

171 


CALIFORNIA 

of  bullies  being  on  hand  to  relieve  the  political  organiza- 
tion from  the  embarrassment  of  honest  men's  votes. 
Conventions  were  a  mere  matter  of  form,  the  inner  ring 
having  made  its  decisions  in  secret  conclave;  votes  were 
sold  to  the  highest  bidder,  ballot-boxes  were  stiiffed,  the 
type  in  vogue  having  a  "double  improved  back  action," 
and  in  which  any  number  of  tickets  could  be  hidden  in 
advance :  there  was  always  danger  that  a  few  honest  men 
might  get  by  the  bullies  and  cast  their  vote. 

As  this  gang  of  clever  rascals  appointed  all  the  officials 
it  followed  that  the  judges  were  as  corrupt  as  most  of  the 
lawyers,  and  their  social  status  may  be  inferred  by  the 
fact  that  they  chewed  and  expectorated  in  court,  sat  on 
the  bench  in  their  shirt-sleeves,  swore  and  shouted,  and 
even  cut  their  corns. 

The  people  of  the  better  class  of  San  Francisco  were  well 
aware  that  their  city  was  worm-eaten  and  threatened  with 
decay,  but,  absorbed  in  personal  matters,  were  unwilling 
to  face  the  fact  and  unite  in  a  tribunal  which  must  mean 
the  neglect  of  business  for  several  months  at  least.  Be- 
tween 1849  and  1856  over  a  thousand  miu-ders  had  been 
committed,  and  only  one  legal  conviction  secured.  The 
lawsuits  following  the  failures  of  1854-55  had  revealed 
the  utterly  corrupt  state  of  the  law.  No  one  was  con- 
victed, no  one  could  obtain  satisfaction ;  the  lawyers  were 
masters  of  every  technicality  that  permitted  evasion  or 
defeat  of  justice;  lawsuits  threatened  to  outlast  a  life- 
time, and  an  apathetic  despair,  which  may  be  compared 
to  the  proverbial  lull,  settled  upon  the  citizens  of  San 
Francisco,  half  or  wholly  ruined,  as  they  watched  pros- 
perity ebbing  daily;  politics  and  law  in  the  hands  of 
crooks  and  criminals;  and  thieves,  looters,  and  murderers 

172 


POLITICS 

as  thick  as  the  fleas  in  the  sand.  Even  the  newspapers 
were  terrorized ;  and  although  the  editors  had  many  duels, 
they  were  not  with  the  men  they  most  feared. 

The  times  were  ripe  for  the  man,  and,  as  ever,  he 
arrived. 


XII 

JAMES   KING   OF   WM. 

Of  all  the  personalities  that  stand  out  so  compell- 
ingly  in  the  annals  of  that  formative  period  of  San 
Francisco  James  King  of  Wm.  is  the  most  appealing. 
Gifted  with  a  brilliant  mind,  an  upright  character,  an 
honest  and  generous  heart,  no  one  ever  developed  a  more 
passionate  scorn  of  corruption  and  love  of  civic  decencies, 
no  one  ever  was  less  discouraged  by  the  remonstrances 
of  timid  men  and  the  threats  of  the  powerful  and  un- 
scrupulous. Single-handed  this  dauntless  little  gentleman 
undertook  to  clean  up  San  Francisco.  He  accomplished 
his  end  far  sooner  than  he  anticipated,  but  with  his  life, 
not  his  pen. 

James  King  of  Wm.  was  bom  in  Georgetown,  D.  C, 
January  28,  1822.  When  he  was  sixteen,  finding  another 
James  King  in  his  immediate  circle,  he  affixed  his  father's 
patronymic,  and  to  the  day  of  his  death  was  rarely  alluded 
to  more  briefly. 

He  married  in  1843,  worked  too  hard  in  the  banking- 
house  of  Corcoran  &  Riggs,  in  Washington,  broke  down 
early  in  1848,  visited  Peru  and  Chili  with  the  view  of  en- 
gaging in  business,  but  heard  of  the  gold  discovery  in  Cali- 
fornia and  sailed  at  once  for  San  Francisco.  He  was  not 
strong  enough  for  the  hard  physical  work  and  exposure  at 
the  mines,  however,  and  after  a  few  months  of  indifferent 

174 


JAMES    KING   OF    WM. 


JAMES    KING    OF    WM. 

luck  went  to  Sacramento  and  obtained  a  position  in  the 
mercantile  firm  of  Hensley,  Reading  &  Co.  His  abilities 
seem  to  have  been  recognized  at  once,  for  he  was  made  a 
partner  in  the  same  year.  In  the  following  year,  however, 
he  opened  a  banking-house  in  San  Francisco  in  partner- 
ship with  Jacob  B.  Snyder;  the  firm  was  called  James 
King  of  Wm.  &  Co.  His  family  now  joined  him,  and  for  a 
time  his  home  was  one  of  the  conspicuous  centers  of  hos- 
pitality, refinement,  and  luxury,  where  the  talk  was  as 
sparkling  as  the  wines.  But  this  brilliant  social  episode 
lasted  less  than  four  years.  In  June,  1854,  his  associates 
having  involved  him  by  speculations,  he  merged  his  firm 
with  that  of  Adams  &  Co.,  and  went  down  to  disaster 
with  that  house  in  the  panic  of  1855.  He  surrendered  to 
his  creditors  everything  he  possessed,  and  in  order  to 
explain  to  an  excited  public  his  connection  with  the  out- 
rageous frauds  of  Adams  &  Co.,  which  he  had  been  unaware 
of  before  the  merger  and  powerless  to  arrest  later,  he 
Wrote  a  number  of  pamphlets  and  newspaper  articles. 
The  style  of  these — brilliant,  forcible,  and  direct — arrested 
immediate  attention ;  and  as  it  was  known  that  he  wished 
to  edit  a  newspaper,  the  money  was  raised  at  once.  On 
October  8,  1855,  he  issued  the  first  number  of  the  Daily 
Evening  Bulletin,  a  newspaper  that  again  and  again  has 
played  its  part  in  the  history  of  the  state. 

By  this  time  James  King  of  Wm.  was  as  well  known  to 
his  fellow-citizens,  good  and  bad,  as  a  pronounced  individu- 
ality ever  must  be  in  a  small  community.  His  honor,  in 
spite  of  his  unfortunate  association  with  Adams  &  Co., 
was  unchallenged;  he  never  had  hesitated  to  express  his 
opinion  openly  of  the  civic  and  individual  corruptions  of 
San  Francisco  and  to  suggest  remedies;    hot-tempered 

12  17s 


CALIFORNIA 

and  argumentative,  he  had  refused  to  fight  when  challenged 
to  a  duel,  but  no  one  thought  of  questioning  his  personal 
courage.  When  he  declined,  however,  he  added  that, 
while  he  was  opposed  on  principle  to  dueling,  and  had  a 
family  to  consider,  he  went  armed  and  certainly  shotild 
defend  himself  if  assaulted. 

Therefore  when  the  public  heard  that  King  was  about 
to  edit  a  paper  of  his  own  they  were  far  more  interested 
than  was  usual  in  that  day  of  many  and  hapless  journalistic 
ventures.  It  knew  that  his  paper  would  be  interesting, 
virile,  a  new  departure,  and  that  it  would  be  as  fearless 
as  himself,  waging  relentless  war  upon  the  forces  of  evil 
that  were  devastating  the  city.  In  short,  lively  times 
were  anticipated,  and  no  one  was  disappointed. 

He  began  with  light  satiric  fencing;  but  in  the  fourth 
issue  he  took  off  his  gloves.  Certain  banking-firms,  alive 
and  defunct,  were  shown  up  in  all  their  rottenness.  No 
other  paper  had  dared  to  attack  them — Sam  Braiman 
had  retired  from  journalism  and  Mormonism  long  since, 
and  was  now  engaged  in  becoming  a  millionaire — but 
when  King  had  finished  his  exposures,  written  as  they 
were  by  one  who  had  grown  up  in  the  banking  business, 
the  most  friendly,  indifferent,  and  doubting  were  con- 
vinced. He  next  paid  his  respects  to  Broderick,  whom 
he  called  David  Cataline  Broderick,  accusing  him  of  the 
most  flagrant  election  frauds,  of  striving  by  corrupt  means 
only  to  get  himself  elected  United  States  Senator,  and  of 
complicity  in  the  Jenny  Lind  Theater  swindle,  one  of  the 
financial  disasters  of  the  moment.  He  finished  one  of 
his  attacks  with  a  sentence  that  may  have  sealed  his  fate; 
for,  although  Broderick  himself  was  above  compassing 
the  death  of  any  man  save  in  fair  fight,  the  evil  forces  of 

176 


JAMES    KING   OF   WM. 

the  city  were  growing  more  uneasy  and  angry  with  every 
issue  of  the  Bulletin. 

"We  have  every  confidence,"  wrote  King,  "that  the 
people  will  stand  by  us  in  this  contest ;  and  if  we  can  only 
escape  David  C.  Broderick's  hired  bullies  a  little  while 
longer  we  will  turn  this  city  inside  out,  but  we  will  expose 
the  corruption  and  malfeasance  of  her  officiary." 

But,  although  threatened  and  challenged,  no  attempt 
was  made  upon  his  life  for  a  time,  and  he  attacked  every 
man  and  every  institution  given  to  corrupt  practices, 
paying  particular  attention  to  the  large  gambling-houses 
(whose  advertisements  kept  most  of  the  newspapers 
going)  and  other  traps  for  the  weak  and  unwary.  It  is 
unnecessary  to  add  that  an  attempt  was  made  to  muzzle 
him,  by  the  offer  of  large  and  remunerative  advertise- 
ments, from  the  most  notorious  of  these  concerns,  and 
that  he  paid  as  little  attention  to  them  as  to  threats  and 
black  looks.  Nor  had  he  any  hesitation  in  showing  up 
the  other  newspapers. 

Even  the  strongest  and  most  upright  among  his  friends 
were  aghast  and  uneasy;  in  the  whole  history  of  journal- 
ism no  editor  had  ever  gone  as  far  as  this.  But  he  was 
quite  justified  in  anticipating  public  support.  Everybody 
bought  the  Bulletin — ^those  that  hoped  it  would  air  the  evils 
of  the  city  and  probe  its  sores  until  the  disease  had  disap- 
peared, and  those  that  execrated  it  yet  were  afflicted  with 
a  morbid  desire  to  read  what  might  be  written  about 
themselves  or  their  friends.  By  the  end  of  the  year  its 
circulation  was  larger  than  that  of  all  the  other  news- 
papers combined,  and  none  had  ever  compared  with  it 
in  swaying  public  opinion.  While  undeniably  sensa- 
tional, it  was  not  vulgar  nor  blatant,  and  it  was  invariably 

177 


CALIFORNIA 

well  written  and  interesting.  Above  all,  it  furnished  at 
last  what  m^ny  had  long  more  or  less  vaguely  desired — 
a  rallying-point  toward  which  all  the  decent  element  in 
the  city  could  converge  for  purposes  of  organization. 

But  still  nothing  happened.  All  that  he  exposed  was 
known  or  suspected  already,  and  until  some  fresh  enor- 
mity occurred  it  hardly  would  be  possible  for  King  to 
hasten  those  converging  but  lagging  footsteps  into  a  dead 
run.  He  knew  that  such  an  opportunity  must  come;  and 
come  it  did,  long  before  the  public  had  time  to  tire  of  his 
exposure  of  well-known  abuses  against  which  the  laws 
were  powerless. 

In  less  than  six  weeks  after  the  first  issue  of  the  Bul- 
letin, and  while  little  else  was  discussed  but  the  topics 
it  furnished  daily,  and  the  people  were  in  just  the  right 
frame  of  mind  to  burst  into  frenzy  upon  provocation, 
United  States  Marshal  William  H.  Richardson  was  mur- 
dered by  a  notorious  gambler  named  Charles  Cora.  The 
two  men  drank  more  than  their  tempers  could  stand  in 
a  saloon,  got  into  an  altercation,  and  left  the  place  still 
wrangling.  Richardson,  it  is  assumed,  had  attacked  the 
system  of  ballot-box  stuffing,  in  which  Cora  was  a  con- 
spicuous expert.  When  the  two  men  reached  the  neigh- 
borhood of  California  and  Leidersdorff  streets  they  paused 
suddenly,  and  a  bystander  saw  Cora  grasp  the  collar  of 
Richardson's  coat  and  point  a  pistol  at  his  breast.  Rich- 
ardson, who  had  his  hands  in  his  pockets,  exclaimed: 
"You  would  not  shoot  me,  would  you?  I  am  not  armed." 
Before  any  one  seems  to  have  been  able  or  disposed  to 
go  to  the  rescue  Cora  had  fired  and  shot  him  dead. 

This  man,  of  uncertain  nationality,  was  a  well-known 
figure    about    town,    being    good-looking,    young,    well 

178 


JAMES    KING    OF    WM. 

dressed,  always  to  be  seen  on  Kearney  and  Montgomery 
streets  at  the  promenade  hours,  in  the  fashionable  res- 
taurants, and,  during  San  Francisco's  madder  hours,  in 
one  or  other  of  the  great  gambling-houses.  He  also 
walked  the  fashionable  thoroughfares  openly  with  the 
most  famous  woman  of  commerce  in  the  town,  Belle 
Cora,  who  had  impudently  assumed  his  name  in  exchange 
for  the  funds  that  gratified  his  exquisite  tastes,  when  luck 
failed  him  at  the  tables.  When  the  news  flew  through  the 
city  that  an  upright  citizen  and  servant  of  the  Federal 
government  whose  only  weakness  was  the  one  most  easily 
excused  in  mining  communities  had  been  murdered  in 
cold  blood  by  a  creature  whom  all  decent  men  regarded 
with  abhorrence  as  a  maquereau,  to  say  nothing  of  his 
degraded  life  in  all  respects,  there  was  immediate  and  in- 
tense excitement.  Cries  of  "Lynch  him!"  resounded 
from  the  crowds  that  filled  the  principal  streets  in  less 
than  half  an  hour;  men  already  inflamed  by  King's  daily 
Exposures  were  in  no  mood  to  endure  philosophically  the 
thought  that  this  man  Cora  could  command  all  the  cor- 
rupt machinery  of  the  law  in  his  defense. 

Cora  had  been  hurried  off  to  jail  and  locked  up  under 
a  heavy  guard ;  but,  although  the  city  that  night  held  its 
breath  as  the  old  tocsin  of  the  California  Engine  Com- 
pany's No.  4  bell  tolled  suddenly  and  imperatively,  and 
although  many  of  the  Vigilantes  of  1851  promptly  an- 
swered the  call — the  first  being  the  fiery  Sam  Brannan — 
it  was  decided  after  several  hours  of  debate  to  give  the 
law  one  last  opportunity  to  redeem  itself. 

On  Monday  the  coroner's  inquest  pronounced  that  the 
murder  had  been  premeditated  and  without  a  mitigating 
circumstance.    No  other  verdict  was  possible  without 

179 


CALIFORNIA 

housing  the  town  to  frenzy,  and  a  few  hoped  for  a  real 
trial  and  conviction.     But  not  James  King  of  Wm. 

That  no  effort  will  be  spared  to  get  Cora  clear  [he  wrote  in  the  Bulle- 
tin] begins  now  to  be  apparent.  His  friends  are  already  at  work. 
Forty  thousand  dollars,  it  is  said,  have  been  subscribed  for  the  purpose. 
Of  this  some  five  thousand  will  be  sufficient  to  cover  the  lawyers'  fees 
and  court  charges,  and  the  balance  can  be  used  as  occasion  may  re- 
quire. One  bad  man  on  the  jury  will  be  sufficient  to  prevent  an  agree- 
ment. Look  well  to  the  jury!  .  .  .  What  we  propose  is  this:  If  the 
jury  which  tries  Cora  is  packed  either  hang  the  sheriff  or  drive  him  out 
of  town.  ...  If  Mr.  Sheriff  Scannell  does  not  remove  Billy  Mulligan 
from  his  present  post  as  keeper  of  the  county  jail,  and  Mulligan  lets 
his  friend  Cora  escape,  hang  Billy  Mulligan,  or  drive  him  into  banish- 
ment. That's  the  word!  .  .  .  Oh,  Heaven,  it  is  a  mortification  to  every 
lover  of  decency  and  order  in  and  out  of  San  Francisco,  to  think  that 
the  sheriff  of  this  county  is  an  ex-keeper  of  a  gambling-hell ;  that  his 
deputy,  who  acts  as  keeper  of  the  county  jail,  is  the  notorious  Billy 
Mulligan,  the  late  "capper"  at  a  "string  game"  table. 

Belle  Cora  had  retained  several  lawyers  more  eminent 
for  brains  and  legal  ability  than  bitter  virtue.  When  they 
discovered  that  the  smoldering  virtue  of  the  citizens  was 
aroused  and  growing  a  hotter  white  every  instant  they 
tried  to  withdraw,  particularly  Col.  E.  D.  Baker,  who 
was  really  an  estimable  person,  and  who  distinguished 
himself  later  in  the  Civil  War.  But  San  Francisco  was  a 
motley  city  where  abilities  of  some  sort  were  necessary  to 
pre-eminence,  and  Belle  Cora  was  not  queen  of  the  night 
life  for  nothing.  She  held  her  lawyers  to  their  bargain — 
they  had  accepted  heavy  retainers — and  they  were  obliged 
to  make  their  appearance  in  court  with  their  client,  who 
was  got  up  like  a  hero  of  melodrama.  He  wore  a  gorgeous 
waistcoat,  light  gloves,  a  new  suit  of  pale  material,  a 
jaimty  overcoat;  his  mustache  was  little  and  black,  and 
he  lolled  with  the  gambler's  air  of  well-bred  indifference. 
The  insolent  bearing  of  this  creature,  fresh  from  a  wanton 

i8o 


JAMES    KING   OF   WM. 

murder,  caused  every  one  that  saw  him  to  hiss,  and  the 
crowd  in  the  court-room  was  with  difficulty  kept  in  order. 

Colonel  Baker  was  one  of  the  chief  exponents  of  th'i 
inflamed  oratory  of  the  day,  and,  being  trapped  by  a 
woman  cleverer  than  himself,  made  up  his  mind  to  save 
the  murderer  if  words  could  do  it.  His  closing  speech 
was  a  masterpiece,  judging  it  by  the  standards  of  the 
time;  and,  carried  away  by  his  own  eloquence,  he  sud- 
denly held  up  Belle  Cora  as  a  model  for  all  men  to  admire ; 
picturing  her  as  wronged,  mistmder stood,  unfortimate, 
yea,  but  admirable.  Her  devotion  to  her  lover  redeemed 
her  of  frailty  in  the  eyes  of  all  men,  particularly  of  himself, 
and  he  almost  wept  as  he  paid  her  his  tribute.  This 
speech  enraged  the  public,  but  it  served  its  purpose  with 
the  jury,  which,  "fixed  "  beforehand,  could  plead  that  it  had 
been  convinced  by  the  great  lawyer's  eloquence,  and  that 
the  defendant  had  been  actuated  by  the  highest  motives 
in  killing  a  marshal  of  the  United  States  for  objecting  to 
the  stuffing  of  ballot-boxes.  After  being  out  for  twenty- 
four  hours  it  failed  to  agree;  in  other  words,  the  seven 
men  that  were  above  being  "fixed,"  voted  for  murder,  one 
for  manslaughter,  and  four  for  acquittal. 

The  Bulletin  rushed  out  an  extra  invoking  the  heavens 
to  drape  themselves  in  black. 

The  money  of  the  gambler  and  the  prostitute  has  succeeded,  and 
Cora  has  another  respite.  The  jury  cannot  agree  and  has  been  dis- 
charged. Will  Cora  be  hung  by  the  officers  of  the  law?  No.  Even 
on  this  trial  one  of  the  principal  witnesses  was  away,  having  sold  out 
his  establishment  for  twenty-four  hundred  dollars  and  left  the  state. 
It  is  said  that  another  trial  cannot  be  had  this  term,  and  by  that 
time  where  will  the  other  witnesses  be?  Rejoice  ye  gamblers  and 
harlots !  Rejoice  with  an  exceeding  gladness !  Assemble  in  your  dens 
of  infamy  to-night,  let  the  costly  wine  flow,  let  the  welkin  ring  with 
your  shouts   of   joy.    Your  triumph    is   great — oh,  how    you  have 

?8; 


CALIFORNIA 

triumphed!  Triumphed  over  everything  that  is  holy  and  virtuous 
and  good;  and  triumphed  legally — yes,  legally!  Your  money  can 
accomplish  anything  in  San  Francisco,  and  now  you  have  full  per- 
mission to  run  riot  at  pleasure.  Talk  of  safety  in  the  law?  It  is  a 
humbug.  .  .  .  Rail  at  the  Vigilance  Committee  and  call  it  an  illegal 
tribunal?  What  scoundrel  lost  his  life  by  their  action  who  did  not 
richly  deserve  it  ?  Many  complain  of  vigilance  committees  and 
say  we  should  leave  criminals  to  be  dealt  with  by  the  law.  Dealt 
with  by  the  law  indeed!  How  dealt  with?  Allowed  to  escape  when 
ninety-nine  men  out  of  a  hundred  believe  the  prisoner  to  be  guilty 
of  murder?  Is  not  this  very  course  calculated  to  drive  an  exasperated 
people  to  madness,  and,  instead  of  a  vigilance  committee  with  all  its 
care  and  anxiety  to  give  a  fair  trial  without  the  technicalities  of  the 
law,  to  call  into  action  the  heated  blood  of  an  outraged  community; 
that,  rising  in  its  might,  may  carry  everything  before  it,  and  bang 
the  wretch  without  even  the  semblance  of  a  trial?  We  want  no 
vigilance  committee  if  it.  can  be  avoided,  but  we  do  want  to  see  the 
murderer  pimished  for  his  crimes. 

Day  after  day  King  poured  forth  his  indignation  in  the 
newspaper  that  every  man  read  and  an  ever-increasing 
ntimber  looked  to  for  guidance.  It  speaks  well  for  the 
stem  school  of  those  few  years  in  a  new  and  unprecedented 
community  that  the  men  of  San  Francisco  restrained 
themselves  as  long  as  they  did.  They  were  law-abid- 
ing citizens  and  determined  to  give  their  law  every  op- 
portunity to  vindicate  itself;  but  King  knew  that  there 
was  no  hope  in  the  law  unless  it  could  be  shamed  into 
vengeance  upon  such  men  as  Cora  and  others  of  his  ilk; 
into  action  over  murders  committed  daily,  not  only  in  San 
Francisco,  but  throughout  the  lawless  state.  Two  com- 
mitted on  prominent  citizens  tinder  circumstances  of 
peculiar  atrocity  while  traveling  in  the  country  served 
to  press  his  arguments  home,  although  he  needed  no  fresh 
fuel  to  feed  his  own  horror  and  disgust. 

King  knew  his  danger,  knew  that  his  enemies,  who 
numbered  not  only  the  entire  underworld,  but  the  corrupt 

182 


JAMES    KING   OF   WM. 

in  his  own  class,  were  eager  to  have  him  out  of  the  way. 
They  experienced  the  sensation  of  being  marooned  in  the 
crater  of  a  Hve  volcano  with  upright  and  unscalable  walls. 
At  any  moment  the  muttering  lava  tides  beneath  might 
shoot  up  and  deprive  any  one  of  them  of  power  and  even 
of  life.  One  more  earthquake  and  their  fate  would  be 
sealed.  If  they  could  reach  down  and  choke  the  daunt- 
less little  stoker  of  that  bubbling  furnace  all  might  yet  be 
well.  Life  was  very  busy,  memories  were  short,  the 
other  newspapers  could  be  relied  upon.  Who  were  in  the 
plot  to  eliminate  James  King  of  Wm.  will  never  be  known ; 
possibly  because  the  directing  brains  were  too  clever  to 
commit  themselves  to  anything  but  whispered  directions 
in  back-rooms,  conveyed  through  an  inconspicuous  tool. 
But  that  it  was  a  conspiracy  deliberately  planned  and 
executed  no  one  may  doubt.  And  it  furnished  the  final 
earthquake  they  sought  at  any  price  of  blood  or  con- 
science to  avoid. 

On  May  14  (1856),  four  months  after  the  farce  of  the 
Cora  trial,  King  published  an  article  in  the  Bulletin 
attacking  the  appointment  of  a  man  named  Bagley  to  a 
position  in  the  United  States  custom-house.  This  man 
had  been  engaged  not  long  before  in  a  disreputable  elec- 
tion fight  with  James  P.  Casey,  one  of  the  San  Francisco 
supervisors.  The  editorial  was  aimed  not  so  much  at 
Bagley  as  at  Casey,  who  was  one  of  the  most  "undesirable 
citizens"  in  the  town. 

It  does  not  matter  [remarked  Mr,  King]  how  bad  a  man  Casey  has 
been  nor  how  much  benefit  it  might  be  to  the  public  to  have  him  out 
of  the  way,  we  cannot  accord  to  any  one  citizen  the  right  to  kill  him 
nor  even  beat  him  without  justifiable  personal  provocation.  The 
fact  that  Casey  has  been  an  inmate  of  Sing  Sing  prison,  in  New  York, 
is  no  offense  against  the  laws  of  this  state;  nor  is  the  fact  of  having 

183 


CALIFORNIA 

stuffed  himself  through  the  ballot-box  and  elected  to  the  board  of 
supervisors  from  a  district  where  it  is  said  he  was  not  even  a  can- 
didate, any  justification  why  Mr.  Bagley  should  shoot  Mr.  Casey, 
however  richly  the  latter  may  deserve  to  have  his  neck  stretched  for 
his  fraud  on  the  people. 


Shortly  after  this  article  appeared  Casey  presented  him- 
self at  the  Bulletin  office,  which  was  on  Merchant  between 
Montgomery  and  Sansome  streets,  and  walking  in  with- 
out ceremony,  demanded  in  a  loud  voice: 

"What  do  you  mean?" 

King,  who  was  writing  at  his  desk,  glanced  up  casually. 

"Mean?" 

"What  do  you  mean  by  saying  that  I  was  a  former  in- 
mate of  Sing  Sing?" 

"And  were  you  not?" 

"That's  not  the  question.  I  don't  want  my  past  raked 
up.  On  that  point  I  am  sensitive,"  added  Mr.  Casey, 
naively. 

"Have  you  finished?"  'King  had  not  laid  down  his 
pen.  "There  is  the  door.  Go.  Never  show  your  face 
here  again." 

Casey  glanced  through  an  open  door.  There  were 
men  in  the  next  room.  If  K!ing  had  been  quite  alone  it  is 
possible  that  he  would  have  lost  no  time.  As  it  was,  he 
merely  struck  a  belligerent  attitude  and  exclaimed,  in  a 
loud  voice,  "If  necessary  I  shall  defend  myself." 

King  rose  and  pointed  to  the  door.  "Go.  Never 
show  your  face  here  again." 

He  did  not  even  take  the  trouble  to  remind  the  hired 
assassin,  who  stalked  out,  that  he  might  have  selected  a 
more  plausible  pretense  for  his  indignation  than  the  Bul- 
letin's allusion  to  his  sojourn  in  Sing  Sing,  since  in  the  trial 

184 


JAMES    KING   OF    WM. 

following  his  election  fight  with  Bagley  he  had,  under 
cross-examination,  admitted  the  fact,  and  the  news  had 
been  commented  upon  by  every  newspaper  in  town. 
Casey  was  a  thoroughly  bad  man  of  violent  temper,  quite 
ready  to  commit  a  cowardly  murder  for  a  consideration, 
secure  in  the  protection  of  an  element  that,  in  a  later 
battle  for  municipal  decency,  came  to  be  known  as  the 
"higher  ups." 

King  was  under  no  illusions,  and  when  he  left  the  office 
saw  that  his  pistol  was  in  his  hip  pocket. 

San  Francisco  will  always  be  a  gray  city,  for  although 
her  winds — ^poetically  but  incorrectly  known  as  "the 
trades" — make  her  uncommonly  healthy,  the  fogs  that 
roll  down  from  the  tule  lands  of  the  north  and  in  from 
the  sea  impress  their  sad  hue  on  the  imagination  of 
the  builders.  This  may  be  because  the  Californians  are 
an  artistic  people,  and  the  law  of  harmony  demands 
that  the  city  landscape  shall  mate  with  the  soft-gray 
tides  that  sweep  and  curl  about  the  shelters  of  men, 
often  obliterating  them;  or  the  fog-bank  that  marches 
through  the  Golden  Gate  like  a  mighty  ship,  to  wreck 
itself  upon  the  hills  in  a  thousand  fantastic  shapes. 

The  streets  of  San  Francisco  are  almost,  and  often 
wholly,  deserted  when  the  fogs  invade  the  city,  giving 
them  an  unspeakably  dreary  aspect  and  afflicting  delicate 
throats.  When  the  hour  for  closing  comes  in  the  business 
district,  hundreds  of  men  swarm  down  to  the  ferry-boats 
at  the  foot  of  Market  Street  eager  to  reach  their  homes 
under  the  sun  and  set  with  flowers;  those  living  in  the 
city  hurry  along  like  black  ghosts,  with  their  heads  down, 
looking  neither  to  the  right  nor  the  left  and  longing  for 
their  warm  firesides. 

i8s 


CALIFORNIA 

At  five  o'clock  on  that  evening  of  May  14th  King  left 
the  Bulletin  office  to  walk  to  his  home  on  the  comer  of 
Pacific  and  Mason  streets.  He  wore  a  slouch-hat  and  a 
cloak  called  "talma,"  which  he  had  a  habit  of  holding 
together  across  his  chest.  It  is  possible  that  he  had  quite 
forgotten  Casey  and  the  advisability  of  being  on  the  alert, 
particularly  when  the  fog  was  drifting  through  the  city, 
for  his  hands  were  in  their  usual  position  and  far  from  his 
pistol-pocket.  He  was  crossing  Montgomery  Street  di- 
agonally between  Washington  and  Clay,  and  was  more 
than  half-way  across,  when  Casey,  who  had  been  skulk- 
ing behind  an  express-wagon,  suddenly  stepped  out  of 
the  fog,  threw  off  his  cloak,  and  pointed  a  large  navy  re- 
volver at  King's  breast.  Even  he,  it  would  appear,  had 
his  nerves,  for  he  cried  out  excitedly: 

"Are  you  armed?  Defend  yourself!  Come  on!  De- 
fend yourself!" 

But  he  was  probably  unconscious  of  his  words,  for  he 
fired  as  he  spoke.  His  victim  had  no  time  to  draw  his 
pistol. 

King  staggered  into  the  Pacific  Express  building  on  the 
comer.  The  only  other  person  visible  seems  to  have  been 
Casey's  friend,  "Ned"  McGowan,  who  scuttled  up  Wash- 
ington Street ;  and  no  one  behind  walls  noticed  anything 
so  common  as  a  pistol-shot  until  King  appeared,  stum- 
bling and  fainting,  in  the  office  of  the  Pacific  Express 
Company.  Then  he  was  tenderly  cared  for,  messengers 
were  despatched  post-haste  for  surgeons,  and  a  bed  was 
improvised.  When  the  surgeons  arrived  they  found  that 
the  ball  had  entered  the  left  breast  and  gone  out  of  the 
body  imder  the  left  shoulder-blade.  There  could  be  no 
doubt  that  the  wound  was  mortal.    He  was  in  great 

186 


JAMES    KING   OF    WM. 

pain;  anesthetics  were  administered,  and  his  wife  was 
sent  for. 

Casey  had  hastened  to  give  himself  up,  knowing  that 
the  only  safe  place  for  him  was  the  jail  guarded  by  his 
friends  and  protected  by  "the  law."  He  was  none  too 
soon.  Although  that  was  long  before  the  day  of  the  tele- 
phone, the  news  that  King  had  been  mortally  wounded  by 
Casey  flew  over  the  city  as  if  there  had  been  a  town  crier 
in  every  street,  and  in  an  incredibly  short  time  there  was 
a  howling  shrieking  mob  "down -town,"  composed  of 
men  as  hysterical  as  only  men  can  be  under  strong 
provocation,  demanding  that  Casey  be  lynched  on  the 
moment.  The  prison  officials,  sure  that  the  jail  would 
be  rushed  by  the  black  howling  mass  in  the  Plaza,  sent 
for  a  carriage ;  and  Casey,  accompanied  by  the  city  marshal 
and  the  captain  of  police  and  several  police  officers,  ran 
down  Dimbar's  alley  and  entered  it  at  the  comer  of  Wash- 
ington Street.  The  coachman  whipped  his  horses  into  a 
gallop,  and  the  hack  with  the  prisoner  and  his  guards 
inside,  and  another  friend,  the  chief  engineer  of  the  fire 
department,  clinging  on  behind,  dashed  furiously  into 
Kearney  Street  toward  the  coimty  jail,  on  Broadway 
near  Dupont  Street.  The  crowd,  shrieking  "Hang  him! 
Kill  him!"  ran  after,  but  the  man  was  safely  within  the 
stronger  walls  before  they  could  catch  up  with  the  horses. 

In  front  of  the  jail  stood  three  of  Casey's  friends  armed 
to  the  teeth,  Charles  Duane,  Daniel  Aldrich,  and  Edward 
McGowan.  Thomas  King,  the  dying  man's  brother, 
harangued  the  crowd  of  furious  men,  inflaming  their  pas- 
sions further  until  they  made  an  attempt  to  rush  the  jail. 
They  were  repulsed,  and  while  they  were  making  ready 
for  another  attack  the  nmior  flew  about  that  the  Vigilance 

187 


CALIFORNIA 

Committee  was  organizing.  At  the  same  time  Mayor 
Van  Ness  appeared  and  demanded  to  be  heard ;  he  made  a 
speech,  coimseling  patience  and  promising  justice,  and, 
although  frequently  interrupted  with  derision,  managed  to 
keep  them  quiet  imtil  three  separate  companies  of  armed 
citizens,  willing  to  see  Casey  hung  but  opposed  to  violence, 
arrived  and  not  only  stu*rounded  the  jail,  but  stationed 
themselves  in  the  corridors  and  on  the  roof.  The  crowd, 
having  no  leader,  finally  turned  its  back  and,  still  ciu-sing, 
went  down  to  Montgomery  Street  and  halted  before  the 
building  where  King  lay.  In  a  short  time  not  less  than 
ten  thousand  men  stood  there,  anxious  for  news  of  the 
sufferer,  and  the  police  were  obHged  to  stretch  a  rope 
in  front  of  the  Pacific  Express  office.  Bulletins  were 
issued  every  few  minutes ;  but  as  the  men  could  not  con- 
tain themselves,  they  finally  adjourned  to  the  Plaza,  where 
speeches  could  be  made  and  some  method  of  vengeance 
determined  upon.  But  again  there  was  no  leader;  and, 
once  more  hearing  that  the  Vigilance  Committee  was 
assembling,  they  finally  adjourned  to  the  space  in  front 
of  the  county  jail.  About  three  hundred  men  were  now 
on  guard  there. 

At  eleven  o'clock  Frederick  W.  Macondray  and  John 
Sime,  two  friends  of  King,  and  themselves  citizens  of  the 
highest  type,  obtained  admittance  to  the  jail.  When  they 
came  out  they  informed  the  crowd  that  it  was  impossible 
for  Casey  to  escape  or  to  be  rescued.  A  half -hour  later 
a  mounted  battalion  under  Major  Rowell,  consisting  of 
the  California  Guards,  the  First  Light  Dragoons,  and  the 
National  Lancers,  reinforced  the  guard  of  citizens,  and  the 
crowd  finally  dispersed.  Casey  for  the  moment  was  safe 
from  lynch  law. 

i88 


JAMES    KING   OF   WM. 

But  the  next  morning  the  same  crowd,  full  of  undimin- 
ished fury,  resenting  the  lack  of  leadership  and  action, 
assembled  again,  drawing  together  like  so  many  magnets 
and  utterly  disregarding  business.  Then  suddenly  they 
received  a  piece  of  news  that  caused  them  to  march  as  one 
man  down  to  Sacramento  Street  near  Leidersdorff  and 
stand  in  silence  before  the  walls  of  the  American,  or 
"Know  Nothing,"  Club.  The  rumors  of  the  night  before 
that  had  served  to  keep  their  passions  in  leash  had  been 
foimded  upon  the  futile  meeting  of  several  of  the  members 
of  the  Vigilance  Committee  of  1851.  Within  those  walls 
an  entirely  new  organization  was  forming,  and  the  grim, 
sober,  indignant  citizens  assembled  there  had  found  their 
leader. 


XIII 

THE   VIGILANCE   COMMITTEE   OF    1 856 

William  T.  Coleman  was  bom  in  Cynthiana,  Ken- 
tucky, on  February  29,  1824,  worked  on  his  uncle's 
farm  and  in  the  lumber-camps  of  the  north,  studied 
at  night,  and  finally  made  and  saved  enough  to  carry 
him  not  only  through  school,  but  the  University  of 
St.  Louis;  which  gave  him  the  degree  of  Bachelor  of 
Science.  He  joined  the  stampede  to  California,  by  the 
Overland  route,  and  arrived  in  Sacramento  in  August, 
1849.  It  had  been  his  intention  to  go  to  the  mines, 
but  he  foimd  business  conditions  in  the  little  town  so 
attractive  that  he  opened  a  store.  It  amused  him  in 
later  years  to  tell  that  his  principal  source  of  revenue  at 
this  time  was  derived  from  pies  made  by  himself  from  his 
Kentucky  aunt's  recipe  and  sold  to  miners — during  their 
weekly  visits  to  Sacramento  with  a  bag  of  "dust"  to  get 
rid  of — for  ten  dollars  apiece.  But  as  he  was  a  young 
man  of  great  force  of  character,  courage,  and  persistence, 
and  of  strength  of  will  under  a  modest  and  reserved 
demeanor,  united  to  original  business  abilities,  it  was  not 
long  before  he  was  one  of  the  leading  merchants  of 
San  Francisco.  That  was  the  day  when  men  rose  or  fell 
with  a  rapidity  hardly  paralleled  before  or  since. 

In  1855,  despite  the  panic  and  general  depression,  he 
had  demonstrated  his  faith  in  the  future  of  California  by 
organizing  a  line  of  clipper  ships  between  San  Francisco 

190 


VIGILANCE   COMMITTEE   OF    1856 

and  New  York,  believing  that  cereals  were  bound  to  be 
produced  in  enormous  quantities  in  the  great  valleys  of 
the  state  and  must  find  a  ready  market  in  the  East  and 
Europe.  Moreover,  there  was  hardly  a  local  issue  in 
which  Mr.  Coleman  did  not  take  an  active  interest,  and, 
although  he  never  would  consent  to  hold  office,  he  was 
prominent  in  every  movement  for  civic  reform.  To  all 
such  projects  he  contributed  liberally,  as  well  as  to  char- 
ities, and  he  had  been  a  member  of  the  first  Vigilance 
Committee.  During  the  five  stormy  years  that  had 
passed  since  the  organization  of  185 1  disbanded  he  had 
risen  steadily  to  an  eminence  of  clean  and  honorable 
citizenship  in  that  community  whose  fierce  light  per- 
mitted no  man  to  be  misvalued;  and  as  his  courage,  fair- 
ness, and  gift  for  leadership  were  equally  recognized  it 
followed  as  a  matter  of  course  that  when  a  new  Committee 
of  Vigilance  became  inevitable  he  should  be  its  president. 
He  was  only  thirty-two,  but  few  of  those  leading  citizens, 
estimable  or  otherwise,  were  older. 

Sam  Brannan  relieved  his  mind  to  the  crowd  outside 
the  building  in  Sacramento  Street  while  the  work  of 
organization  proceeded  within.  Mr.  Coleman  coun- 
seled that  the  organization  be  impersonal,  that  its  mem- 
bers should  be  known  by  their  nimibers  only. 

"It  is  necessary,"  said  he,  "that  the  organization  shall 
be  very  close,  very  guarded.  We  must  be  very  careful 
whom  we  admit." 

He  wrote  out  an  oath  of  fealty  to  the  organization 
pledging  life,  liberty,  property,  and  honor,  and  swore  in 
those  that  were  present.  He  then  directed  that  every 
member  take  his  number  and  write  it  in  a  book  with  his 
name  and  address. 

13  191 


CALIFORNIA 

"Who  will  be  number  one?"  he  asked;  and  many  cried 
simultaneously : 

"You,  Mr.  Coleman." 

Even  then  he  was  willing  to  resign  his  leadership  if 
some  one  else  was  thought  better  qualified;  but  opinion 
was  unanimous  on  this  point,  and  he  wrote  himself  dovm : 

"No.  I." 

The  enrolment  after  this  was  very  rapid,  and  so  many 
men  in  addition  to  the  old  members  of  1851  applied  for 
membership  that  the  Committee  was  obliged  to  adjoiirn 
to  the  Turn  Verein  Hall  in  Bush  Street,  and  thence  to 
a  large  wholesale  house  in  Sacramento  Street  between 
Davis  and  Front  streets;  the  old  "water-lots"  below 
Montgomery  Street  having  been  "filled  in"  and  built 
upon  for  some  years.  Thirty-five  hundred  men  were  en- 
rolled within  two  days,  all  sorts  and  conditions  of  men  being 
admitted  who  were  above  suspicion.  Hundreds  who  could 
not  bring  themselves  to  so  radical  a  departure  from  "law 
and  order"  secretly  sympathized  with  the  Committee 
and  sent  it  liberal  donations ;  such  being  the  noble  institu- 
tion of  compromise  invented  by  man!  The  public,  bar- 
ring the  "Law  and  Order"  party  shortly  to  be  formed, 
and  the  worst  element,  now  furious  and  apprehensive, 
supported  the  new  Vigilance  Committee  from  the  first,  if 
only  because  it  had  complete  faith  in  Mr.  Coleman.  So 
did  the  other  cities,  and  even  the  mountain  communities 
of  the  state,  mass-meetings  of  indorsement  being  held  as 
soon  as  the  news  reached  them. 

However,  the  Governor  of  California,  John  Neely 
Johnson,  notified  by  Mayor  Van  Ness,  came  down  post- 
haste and,  arriving  in  the  evening,  went  at  once  to  the 
Committee  rooms  and  remained  there  until  two  o'clock 

192 


VIGILANCE   COMMITTEE   OF   1856 

in  the  morning.  Mr.  Coleman  advised  him  to  take  the 
philosophical  view  of  the  inevitable  so  wisely  adopted  by- 
Governor  McDougal  in  1851.  He  gave  him  a  statement 
in  detail  of  the  abominable  wrongs  of  the  city — the  looted 
treasury;  the  filthy  dilapidated  streets;  the  impudent 
flaunting  vice ;  the  lack  of  police  protection  for  decent 
citizens,  the  police  being  a  part  of  the  corrupt  political 
machinery;  the  stuffing  of  ballot-boxes.  The  law,  added 
Mr.  Coleman,  was  a  dead  letter.  It  was  merely  the  ob- 
ject of  the  Committee  to  turn  San  Francisco  from  a  hell 
into  a  city  fit  for  decent,  industrious,  and  law-abiding 
men  to  live  in;  and  this,  Mr.  Coleman  gently  intimated, 
the  Committee  purposed  to  do,  governor  or  no  governor. 
He  so  won  Johnson  by  his  eloquence  without  rhetoric  that 
the  chief  officer  of  the  state  finally  sprang  to  his  feet  and 
slapped  him  on  the  back,  exclaiming : 

"Go  it,  old  boy.  But  get  through  as  quickly  as  you 
can.  Don't  prolong  it,  because  there  is  a  terrible  opposi- 
tion and  a  terrible  pressure." 

But  Governor  Johnson  was  not  what  you  would  call 
a  man  of  iron  purpose.  He  imderwent  a  change  of  heart 
before  night.  In  truth,  there  was  much  to  daunt  all  but 
the  strongest,  although,  judging  by  his  final  words  to  Mr. 
Coleman,  he   already  had  experienced  "pressure." 

But  men  were  deserting  by  the  score  from  the  militia 
companies  on  guard  at  the  jail  and  joining  the  Vigilantes; 
and  William  T.  Sherman,  who  was  major-general  of  the 
second  division  of  the  California  militia,  and  had  been 
chosen  captain  of  the  citizens'  posse  about  the  county 
jail,  refused  to  serve  under  Sheriff  Scannell  or  in  any 
capacity  save  that  of  major-general.  He  obtained  an 
interview  with  the  governor  shortly  after  the  long  con- 

193 


CALIFORNIA 

ference  in  Mr.  Coleman's  office,  and,  having  drawn  an 
alarming  picture  of  the  state  of  the  public  mind,  demon- 
strating that  the  Committee  roll  of  membership  was  in- 
creasing every  hour,  and  that  the  great  bankers,  John 
Parrott,  William  C.  Ralston,  and  Drexel,  Sather  & 
Church,  were  covertly  supporting  it,  persuaded  the  gover- 
nor that  a  stand  must  be  made  for  law  and  order,  and 
that  the  only  thing  to  do  was  to  enter  into  a  treaty  with 
William  T.  Coleman  and  other  members  of  the  Committee. 

Sherman  was  a  better  soldier  than  diplomatist.  He 
seems  to  have  been  a  signal  failure  whenever  he  attempted 
the  office  of  intermediary.  All  Mr.  Coleman  would  con- 
cede was  that  the  executive  should  place  a  guard  of  ten 
men  inside  the  jail;  otherwise  he  proceeded  with  the  mo- 
mentous business  in  hand  exactly  as  if  the  governor  slept 
in  Sacramento.  For  the  present  there  was  but  one  law 
in  the  city,  and  he  was  at  the  head  of  it. 

Meanwhile  James  King  of  Wm.,  although  he  rallied 
once  or  twice,  was  slowly  dying.  He  had  been  removed 
to  a  room  in  the  Montgomery  Street  block,  where  the  best 
of  surgeons  and  nurses,  besides  the  members  of  his  family, 
were  in  constant  attendance. 

Charles  Doane  had  been  elected  chief  marshal  of  the 
Vigilance  Committee's  military  forces.  Of  the  fifteen 
hundred  men  he  had  put  imder  arms  and  drilled,  many 
had  seen  service  in  the  Mexican  War,  others  had  belonged 
to  disbanded  militia  companies.  These  helped  to  drill 
the  raw  recruits,  and  between  enthusiasm  and  concen- 
tration of  purpose  this  little  army  at  the  end  of  three 
days  might  have  been  composed  of  war  veterans. 

King  was  shot  on  the  14th.  On  Sunday,  the  i8th, 
Marshal  Doane,  having  notified  the  Committee  that  hig 

194 


VIGILANCE   COMMITTEE   OF    1856 

forces  were  ready  for  active  and  immediate  service,  Mr. 
Coleman  sent  word  to  the  governor,  who  was  at  the 
International  Hotel  engaged  in  constant  and  futile  con- 
ference with  Sherman  and  others,  that  the  Committee 
was  about  to  acti  At  noon  the  companies  started  by- 
three  separate  routes  for  the  jail.  They  marched  up 
Kearney,  Dupont,  and  Stockton  streets — King  opened 
his  eyes  as  he  heard  the  slow  steady  tramp  of  many  feet, 
and  apparently  understood  what  was  about  to  happen — 
and  when  they  converged  at  the  jail  fell  into  position  as 
precisely  as  if  they  had  rehearsed  their  parts  on  the  spot. 
It  was  a  brilHant  day;  the  steel  bayonets  flashed  in  the 
May  sunshine.  Before  the  doors  of  the  jail  a  cannon 
was  pointed,  and  a  gunner  was  beside  it.  On  the  hills 
above,  on  all  the  roofs  near  by,  in  the  adjacent  streets, 
stood  dense  masses  of  silent  people.  Now  that  men  of 
high  authority  were  acting,  there  was  no  impulse  among 
lesser  men  to  expend  themselves  in  vain  emotions. 
•  A  carriage  drove  up  and  Mr.  Coleman  and  Miers  F. 
Truet  ascended  the  steps  of  the  jail  in  full  view  of  all. 
Sheriff  Scannell,  standing  behind  the  wicket  of  the  jail 
door,  refused  entrance.  Mr.  Coleman  pulled  out  his 
watch  and  gave  Scannell  five  minutes.  The  gunner  beside 
the  cannon  lit  the  fuse.  Every  man  in  the  crowd  took  out 
his  watch  and  counted  the  minutes.  The  gunner  waved 
his  fuse.  Precisely  as  the  five  minutes  expired  the  door 
opened  and  Mr.  Coleman  and  Mr.  Truet  entered. 

They  found  Casey  brandishing  a  knife  and  screaming 
hysterically,  but  upon  being  assured  that  he  would  have 
a  fair  trial  he  surrendered  and  went  quietly  out  to  the 
carriage  between  the  president  and  his  associate.  Mr. 
Coleman  quickly  suppressed  with  a  wave  of  his  hand  the 

195 


CALIFORNIA 

cheer  that  greeted  his  arrival  at  the  head  of  the  steps, 
and  drove  off  amidst  an  intense  and  ominous  silence  to 
headquarters.  The  carriage  returned  shortly  after,  and 
Cora  was  led  out  in  the  same  manner  and  driven  down  to 
Sacramento  Street,  and  then  the  troops  reformed  and 
marched  back  to  protect  "the  fort." 

From  the  roof  of  the  International  Hotel  in  Jackson 
Street,  Governor  Johnson,  Mayor  Van  Ness,  and  William 
T.  Sherman  were  helpless  onlookers  at  this  extraordinary 
spectacle;  the  law-and-order  forces,  under  R.  Augustin 
Thompson,  numbered  only  one  himdred  and  fifty.  Sher- 
man estimated  that  there  were  at  least  ten  thousand 
people  within  rifle-shot  of  the  jail.  It  was  an  impressive 
sight  from  first  to  last:  Marshal  Doane  on  his  white 
horse,  the  invincible  ranks  of  earnest  young  volunteers,  the 
carriage  driving  up  with  the  man  upon  whom  a  people 
had  conferred  the  power  of  a  Tsar,  the  cowed  trembling 
figures  of  the  murderers  hurried  out  and  away,  the  black 
mass  of  people  covering  Telegraph  Hill  to  the  top, 
brightened  with  the  gay  shawls  and  bonnets  of  women  of 
every  degree. 

The  trial  of  Cora  began  on  May  20th.  He  was  per- 
mitted to  choose  his  own  counsel  and  asked  Miers  F. 
Truet  and  T.  J.  L.  Smedley  to  undertake  his  defense. 
The  executive  committee  sat  in  the  long  upper  front  room 
before  a  table.  There  were  armed  guards  on  the  stairs 
and  on  the  roof  and  parading  the  square  before  the  building. 

Cora,  facing  those  serious  implacable  faces,  hardly 
could  have  forborne  to  contrast  them  with  the  packed 
juries  of  his  experience;  and  Mr.  Coleman,  a  man  of 
imposing  appearance  and  great  dignity,  must  have  seemed 
to  him  a  grotesque  contrast  to  the  tobacco-chewing,  shirt- 

196 


VIGILANCE   COMMITTEE   OF    1856 

sleeved  judges  of  the  San  Francisco  courts.  And  in  a 
moment  lie  trembled.  Marshal  Doane  entered  hastily 
and  announced  the  death  of  James  King  of  Wm.,  and 
added  that  the  most  intense  excitement  pervaded  the  city. 
He  was  directed  to  inform  the  people  that  the  trials  were 
in  progress,  but  that  the  Committee  must  proceed  with 
the  utmost  deliberation  and  that  every  witness  would  be 
carefully  examined. 

James  King  of  Wm.  died  at  half  past  one  on  Thursday, 
May  20,  1856.  Every  building  in  the  city — save  the 
gambling-houses  and  the  saloons — was  immediately  draped 
in  black;  all  business  ceased.  The  bells  of  the  churches 
and  engine-houses  tolled,  and  in  the  harbor  craft  of  every 
sort  displayed  their  flags  at  half-mast.  No  other  private 
citizen  has  ever  received  such  a  tribute;  the  crowds  that 
packed  the  streets  with  cr^pe  on  every  arm  not  only  were 
manifesting  their  profound  respect  and  grief  for  the  man 
who  had  attempted  to  reform  his  miserable  city  single- 
handed,  but  a  deep  affection  for  the  man  himself.  It  was 
only  1856,  he  had  lived  among  them  but  seven  years,  but, 
as  has  been  observed,  men  in  those  days  lived  by  lightning, 
and  virtue  that  could  not  be  hid  under  a  bushel  was  re- 
garded with  awe  and  reverence.  They  knew  also  that  if 
he  could  have  lived  to  round  out  his  threescore  and  ten 
he  would  have  spent  it  in  the  public  service;  and  per- 
sonally he  seems  to  have  been  one  of  the  most  lovable 
of  men.  In  all  the  other  towns  of  the  state  the  people, 
although  few  had  known  him  save  as  a  public  character, 
paid  him  a  similar  tribute.  Stores  and  public  buildings 
were  draped  with  black,  mass-meetings  were  held,  and 
services  in  the  churches. 

The  Committee  of  Vigilance  sat  almost  continuously 

197 


CALIFORNIA 

for  two  days  and  two  nights  listening  to  the  evidence  for 
and  against  Casey  and  Cora.  No  two  scoundrels  ever 
received  a  fairer  trial.  They  were  unanimously  pro- 
noiinced  guilty  and  sentenced  to  be  hanged  on  Friday,  the 
23d,  at  twelve  o'clock. 

On  Thursday  King's  funeral  took  place,  and  once  more 
all  the  world  was  in  the  street  and  on  the  housetops,  a 
point  of  vantage  lost  to  the  present  generation.  Tt  was 
an  imposing  cortege  that  left  the  Unitarian  Church  on 
Stockton  between  Clay  and  Sacramento  streets  after  the 
services.  The  Masons,  Royal  Arch  Chapter,  in  full 
regalia,  led  the  procession.  Following,  four  abreast,  were 
the  officiating  clergymen  and  surgeons;  then  came  the 
hearse  drawn  by  four  white  horses  and  attended  by 
fourteen  pall-bearers,  ten  coaches  filled  with  the  family 
and  friends  and  the  men  employed  on  the  Bulletin;  then 
the  Society  of  California  Pioneers  in  regalia,  members  of 
the  press,  Sacramento  Guards  in  uniform,  San  Francisco 
Fire  Department,  St.  Mary's  Library  Association,  three 
hundred  and  twenty  draymen  on  horseback,  the  Steve- 
dores Association,  the  German  Benevolent  Society,  Turn 
Verein  Association,  a  delegation  of  colored  men,  and  forty 
carriages  of  citizens.  The  procession  was  a  mile  long  and 
accompanied  for  a  part  of  the  distance  by  practically  the 
remainder  of  the  decent  population  of  the  city.  It  moved 
slowly  out  Bush  Street  toward  Lone  Mountain  Ceme- 
tery, and  no  doubt  the  population  would  have  escorted  it 
the  entire  way,  but  suddenly  a  rumor  spread,  coming 
whence  no  one  ever  knew,  and  some  ten  or  twelve  thousand 
of  those  not  in  the  funeral  procession  began  to  melt  back- 
ward; finally,  when  beyond  sound  of  the  solemn  music, 
they  broke  into  a  run. 

198 


VIGILANCE    COMMITTEE   OF    1856 

The  executive  committee  had  determined  to  execute 
Cora  and  Casey  on  that  day  while  all  the  town  was 
marching  toward  the  cemetery,  thus  avoiding  a  possible 
disturbance  on  the  morrow. 

The  condemned  men  were  informed  of  their  fate.  Two 
Catholic  priests  were  with  them ;  and  one,  Father  Michael 
Accolti,  went  at  once  for  Arrabella  Ryan  and  married 
her  to  the  man  whose  name  she  had  assumed  long  since. 
She  was  now  legally  Belle  Cora,  and  perchance  found 
some  consolation  in  being  a  widow. 

Wooden  platforms  a  yard  long  had  been  run  out  from 
the  second-story  windows  fronting  on  Sacramento  Street, 
and  provided  with  hinges  at  the  outer  edges  of  the  window- 
sills.  These  platforms  were  held  in  a  horizontal  position 
by  cords  fastened  at  their  outer  ends,  passing  up  to  beams 
projecting  directly  overhead  from  the  roof  of  the  building. 
To  these  beams  were  attached  ropes  with  nooses  and 
slip-knots  already  prepared.  Below  in  a  hollow  square 
stood  the  Committee  troops,  under  Marshal  Doane,  with 
their  muskets  on  their  shoulders.  There  was  also  a  de- 
tachment on  the  roof,  in  front  of  the  great  alarm-bell  of 
"Fort  Vigilance."  At  each  end  of  the  block  a  cannon 
was  in  place.  No  attempt  was  made  at  rescue,  however, 
and  the  crowd  that  rapidly  collected  and  blocked  all  the 
neighboring  streets  or  cHmbed  to  the  tops  of  the  business 
buildings,  were  bent  on  seeing  vengeance  done. 

The  condemned  men  emerged  from  the  windows  at  a 
little  after  one  o'clock.  They  wore  shapeless  white  gar- 
ments, and  their  arms  were  pinioned.  Each  was  accom- 
panied by  a  priest,  and  for  the  moment  both  seemed  to 
be  firm.  But  almost  immediately  Casey  broke  into  an 
excited  tirade,   proclaiming  that  he  was  no  murderer; 

199 


CALIFORNIA 

attributing  his  present  position  to  the  faults  of  early- 
education  in  one  breath  and  glorifying  his  mother  in  an- 
other, he  adjured  each  newspaper  in  turn  not  to  call  him 
a  murderer.  Finally  he  broke  down  completely,  scream- 
ing :  "Oh,  my  poor  mother !  My  poor  mother !  How  her 
heart  will  bleed  at  this  news.  It  is  her  pain  I  feel  now. 
But  she  will  not  believe  me  a  murderer.  I  but  resented 
an  injury.  Oh,  my  mother!  My  mother!  God  bless 
you.  Gentlemen,  I  pardon  you.  God  will  forgive  you.  I 
know  He  will  forgive  me.  O  God,  with  the  accumulated 
guilt  of  my  twenty-nine  years  have  mercy  on  me!  Oh, 
my  poor  mother!"  The  priest  attempted  to  persuade 
him  to  pray,  but  in  vain.  He  continued  to  fill  the  crowd 
below  with  pity  and  admiration  for  the  good  mother  of 
a  bad  man  until  his  legs  were  strapped  together,  the  noose 
adjusted,  and  a  white  cap  drawn  over  his  face  and  head. 
Cora  had  stood  unmoved;  nor  did  he  protest  when  he, 
too,  was  strapped  and  covered.  At  twenty-one  minutes 
past  one  the  signal  was  given,  the  cords  holding  up  the 
platforms  were  cut  from  above,  and  the  two  white- 
hooded  men  swung  off  into  space. 

As  they  had  repented  and  been  received  back  into  the 
Catholic  Church,  the  Mission  Dolores  could  not  refuse 
them  burial  in  its  hallowed  groiuid.  They  were  hurried 
out  in  the  night  by  Belle  Cora  and  a  few  friends  and 
buried  by  torchlight  in  a  comer  of  the  cemetery  that 
holds  Luis  Arguello. 


XIV 

THE   VIGILANCE   COMMITTEE   AND   DAVID   S.    TERRY 

The  Committee  of  Vigilance  remained  in  continu- 
ous session  for  six  months.  They  hanged  two  other 
murderers,  Joseph  Hetherington,  an  EngHshman,  and 
Philander  Brace,  a  desperado  from  New  York;  forcibly 
expelled  from  California  all  on  their  famous  "black  list," 
packing  them  off  by  wholesale  on  steamers  and  sailing- 
vessels.  Each  was  given  a  fair  trial.  It  was  soon  under- 
stood by  the  most  desperate  as  well  as  by  the  most  dis- 
approving that  the  Committee  was  implacable,  and  that 
it  would  not  adjourn  until  the  city  was  as  clean  as  was 
humanly  possible.  All  things  being  relative,  it  would 
be  clean. 

The  net  result  of  the  long  session  was  two  murders  as 
against  over  one  hundred  in  the  previous  six  months; 
the  passing  of  the  current  joke — "a  man  every  morning 
for  breakfast";  a  complete  reform  of  local  politics;  and 
as  peaceable  and  decent  a  state  of  affairs  for  something 
like  twenty  years  as  San  Francisco  could  stand  without 
instant  dissolution. 

But,  although  the  steady  processional  advance  of  this 
strange  tribunal's  high  accomplishment  was  like  a  Greek 
drama  in  its  secret  sinister  atmosphere  of  blind  justice 
and  crushing  inevitableness,  and  its  achievements  were 
phenomenal  considering  that  mere  men  held  the  scales 

20I 


CALIFORNIA 

and  worked  for  the  regeneration  of  one  of  the  wickedest 
cities  on  earth,  it  was  beset  with  dangers  every  step  of 
the  way  and  compelled  to  exert  every  resotirce  of  its 
composite  brain  to  save  its  own  life. 

The  Southerners,  who  for  the  most  part  formed  the 
Law  and  Order  party,  were  against  the  Vigilance  Com- 
mittee practically  to  a  man.  Their  excuse  was  that  it 
was  every  good  citizen's  duty  to  uphold  the  law  in  all  cir- 
cumstances, but  their  real  reasons  were  so  well  known 
that  in  private  life  they  did  not  hesitate  to  express  them. 
Apart  from  the  smoldering  resentment  against  the 
Northerners  for  declaring  California  a  free  state  at  the 
constitutional  convention,  and  the  fact  that  were  it  not 
for  one  man,  David  C.  Broderick  (also  a  Democrat),  the 
politics  of  the  state  would  be  entirely  in  their  hands, 
there  was  a  lively  fear  that  those  men  who  were  making 
history  down  by  the  water-front  in  their  impregnable 
"fort"  might  develop  into  a  strong  political  power,  able 
to  retain  a  permanent  control  of  the  state.  And  for  the 
present  the  Vigilance  Committee  actually  was  the  only 
power  in  California.  Not  a  politician  dared  to  raise  his 
head.  The  governor  had  issued  an  absurd  proclamation 
declaring  the  city  of  San  Francisco  in  a  state  of  insur- 
rection, that  further  paralyzed  the  Southern  party  in  any 
attempt  toward  future  adjustment. 

The  Southerners  who  adventured  into  California  in  and 
shortly  after  1849,  either  to  improve  their  fortunes  or  to 
find  a  sure  and  quick  means  of  gratifying  their  political 
ambitions,  were  for  the  most  part  gentlemen,  well  edu- 
cated, more  or  less  accomplished,  and  all  experienced  in 
politics;  in  the  South  of  that  day  politics  was  the  ruling 
passion.    Few  of  these  men  went  to  the  mines;  and  the 

202 


DAVID    S.    TERRY 

stalwart  immigrants  from  the  North  and  West,  farmers, 
mountaineers,  mustered-out  soldiers,  who  invested  their 
gold-dust  in  the  coimtry  that  fascinated  them,  sent  for 
their  families  and  became  the  solid  business  men,  me- 
chanics, and  farmers  of  the  state,  stood  in  awe  for  many- 
years  of  these  suave,  urbane,  occasionally  fire-eating  and 
always  well-dressed  gentlemen  from  the  most  aristocratic 
section  of  the  Union.  They  were  forced  to  admit  that 
the  Southerner's  experience  of  life  and  politics  was  as 
superior  as  his  manners,  and  if  at  first  they  did  not 
realize  the  subtlety  with  which  the  stronger  party  so  often 
gained  its  ends  they  were  in  no  doubt  whatever  as  to  the 
effects.  Before  this  keen,  clever,  but  too  heterogeneous 
mass  "found  itself,"  the  Southerners,  bom  leaders,  and 
with  politics  the  paramount  interest  in  their  lives,  had 
control  of  both  San  Francisco  and  California. 

Of  these  WiUiam  M.  Gwin  was  the  leader.  The  first 
long-term  Senator  from  the  state,  he  planted  a  friend  in 
every  one  of  its  federal  offices,  not  only  gratifying  his  sense 
of  noblesse  oblige,  but  "making  himself  solid"  against  fu- 
ture emergencies.  *T  leave  for  California  to-morrow,"  he 
had  said  to  Stephen  A.  Douglas  on  the  eve  of  departure 
from  New  York.  "It  will  become  a  state,  and  I  shall  be 
back  in  a  year  bearing  my  credentials  as  United  States 
Senator."  This  prophecy  he  fulfilled  to  the  letter,  and 
during  both  terms  of  his  incumbency  he  was  an  ornament 
to  the  state  and  of  some  use.  But  his  career  is  too  bound 
up  with  that  of  Broderick  to  be  enlarged  upon  further  in 
this  chapter. 

The  Thorntons,  Crittendens,  Lafayette  Maynards, 
Gwins,  Bowies,  Howards;  the  Maxwells,  MacMullens,  and 
McNutts  (the  "Three  Macs");  the  Shorbs,  Hitchcocks, 

203 


CALIFORNIA 

Kelloggs,  Kips,  Louis  McLanes,  Athertons,  McKinstrys, 
HoUidays,  Kings,  Gordons,  Randolphs,  Thibaults,  Selbys, 
Parrotts,  Redingtons,  Macondrays,  Otises,  Maillards, 
Fairfaxes,  Bebcocks,  Poetts,  Scotts,  and  the  Hall  McAl- 
listers— either  Southerners  themselves  or  high  in  favor 
with  the  dominant  party — are  a  few  of  the  names  still 
remembered  that  played  so  great  a  social  r61e  in  the  '50's 
and  '6o's,  before  the  Civil  War  put  many  of  them  out 
of  politics.  It  was  many  years,  however,  before  the 
Southerners  in  San  Francisco  lost  their  social  supremacy; 
they  ruled  as  long  as  they  had  any  money  left,  and  gave 
a  tone  to  that  city  of  many  epochs  that  is  still  a  tradition 
if  not  a  guide.  Of  all  those  Southern  women  that  ruled 
society  as  inexorably  as  their  husbands  led  in  law,  politics, 
or  business,  admitting  and  excluding  as  they  chose,  Mrs. 
Hall  McAUister  was  the  most  brilliant,  individual,  and 
accomplished.  Although  her  husband,  so  soon  at  the 
head  of  the  California  bar,  was  not  a  Southerner,  she  was; 
her  position  was  unchallenged,  not  only  because  of  her 
birth  and  gift  for  leadership,  but  because  even  in  those 
days  a  New  Yorker  of  family  estimated  himself  as  highly 
as  any  Southerner.  Moreover,  Mr.  McAUister  had  no 
political  aspirations. 

Not  all  the  Northerners  by  any  means  belonged  to  the 
Vigilance  Committee  or  even  helped  it  in  secret,  and  in 
its  ranks  were  a  few  who  were  above  sectional  distinctions 
in  this  far-off  land.  William  T.  Coleman  himself  was  a 
Kentuckian — and  a  Democrat.  Men  from  the  North  and 
the  West,  however,  that  had  stood  aloof  at  first  were  con- 
verted after  they  reaUzed  that  nothing  but  a  return  of  Cal- 
ifornia to  her  old  haunts  under  the  Pacific  could  retard  the 
progress  of  the  Committee  of  Vigilance  or  interfere  with 

204 


DAVID    S.    TERRY 

its  ultimate  success.  Admiral  Farragut,  stationed  at 
Mare  Island,  had  declined  to  bombard  the  toKTi  and 
exterminate  the  "insurrectionists,"  and  Major-General 
Wool,  commanding  the  Pacific  division  of  the  United 
States  army,  and  stationed  at  Benicia,  refused  to  furnish 
the  governor  with  arms  and  ammunition.  Sherman  made 
desperate  efforts  to  raise  companies  of  militia  to  oppose 
the  formidable  and  ever-growing  military  forces  of]  the 
Vigilance  Committee ;  but,  as  nearly  all  his  old  men  had 
gone  over  to  the  enemy,  and  as  the  new  recruits  were  for 
the  most  part  contemptible  in  numbers  and  character, 
and  as  the  governor  could  not  be  brought  to  see  reason,  he 
resigned  in  disgust.  Governor  Johnson  even  sent  two 
influential  men,  R.  Augustin  Thompson  and  Ferris  For- 
man,  to  Washington  to  solicit  the  aid  of  the  President  in 
restoring  California  to  its  lawful  owners.  The  President 
declined  to  interfere,  and  the  Vigilance  Committee  grew 
in  power  daily. 

Both  the  Law  and  Order  party  and  the  commercial 
and  professional  men  in  sympathy  with  the  Vigilance 
Committee  contained  many  known  as  "moderate  men." 
A  number  of  these  formed  themselves  into  a  commission 
to  bring  about  some  sort  of  adjustment  between  the 
governor  and  the  Vigilance  Committee.  Judge  Joseph 
B.  Crockett,  F.  W.  Macondray,  Henry  S.  Foote,  Martin 
R.  Roberts,  Judge  James  D.  Thornton,  James  Donahue, 
Bailey  Peyton,  and  John  J.  Williams  waited  upon  the 
executive  board  of  the  Committee,  and  after  much  palaver 
obtained  a  set  of  resolutions  whereby  the  Committee 
pledged  itself  to  keep  its  forces  out  of  the  public  squares 
arid  streets  and  offer  no  resistance  to  the  admission  of 
any  writ  of  habeas  corpus  on  consideration  that  the  gov- 

205 


CALIFORNIA 

ernor  would  withdraw  his  proclamation  and  the  forces 
of  Law  and  Order  disband. 

On  June  7  th  the  governor  started  for  San  Francisco 
by  boat,  and  the  Citizens'  Committee,  accompanied  by 
Sherman,  took  the  up-river  boat  in  order  to  meet  the 
executive  at  Benicia.  They  arrived  first;  and  Sherman, 
waiting  at  the  wharf,  saw,  to  his  disgust,  that  his  chief 
was  accompanied  by  Volney  E.  Howard,  Edward  Jones, 
Edward  E.  Baker,  and  David  S.  Terry,  Justice  of  the 
Supreme  Bench — on  his  way  down  to  play  his  part  in 
that  long  and  bloody  drama  of  the  fifties. 

"All  of  these  men,"  said  Sherman,  later,  "were  known 
to  be  of  the  most  ultra  kind,  men  of  violent  feelings,  and 
who  were  determined  to  bring  about  a  collision  of  arms 
if  possible." 

The  governor  went  at  once  to  the  Solano  Hotel,  and, 
counseled  by  his  fire-eaters,  at  first  refused  to  see  the 
Citizens'  Committee.  All  were  convinced  that  these 
men  were  secret  Vigilantes,  and  they  alternated  uncom- 
plimentary epithets  with  wholesale  denunciation  of  Gen- 
eral Wool.  But  Sherman  finally  succeeded  in  assuring 
them  of  this  particular  committee's  moderation,  and  that 
Judge  Thornton,  on  the  night  of  Casey's  arrest,  had  been 
one  of  the  first  to  seize  his  pistols  and  rush  to  the  assist- 
ance of  Sheriff  Scannell,  in  the  name  of  law  and  order. 
He  further  assured  the  governor  that  all  the  arms  in  the 
state  not  in  the  possession  of  the  army  and  navy,  were 
owned  by  the  Vigilance  Committee. 

Finally  the  Committee  of  Citizens  was  permitted  to 
come  up-stairs  and  enter  the  presence;  and  the  manners 
of  California  society  in  the  fifties,  outside  of  exclusive 
Southern  circles,  cannot  be  better  illustrated  than  by 

206 


DAVID    S.    TERRY 

describing  the  attitude  of  Judge  Terry,  of  the  Supreme 
Bench,  as  the  doors  were  thrown  open,  and,  for  the 
matter  of  that,  throughout  the  interview.  In  the  pres- 
ence of  the  governor  of  the  state  he  sat  with  his  hat  on 
and  his  feet  on  the  table.  He  had  a  smooth  upper  lip, 
and  a  long  "political  beard,"  and,  I  don't  doubt,  was 
chewing  tobacco. 

The  conference  was  futile.  The  governor  had  been 
persuaded  before  he  left  Sacramento  that  the  Vigilance 
Committee  was  really  weak  and  ready  to  "cave  in."  He 
announced  his  determination  to  enforce  the  law;  "and 
if  unhappily  a  collision  should  occur,  and  injury  to  life 
and  property  result,  the  responsibility  must  rest  upon 
those  that  disregarded  the  authorities  of  the  state."  It 
was  then  that  Sherman  resigned. 

This  was  virtually  a  declaration  of  war,  and  the  Vig- 
ilance Committee  proceeded  to  intrench  itself  more 
securely.  Sewers  were  examined,  and  the  lines  of  patrol 
extended  and  doubled.  The  building  in  Sacramento 
Street  was  surrounded  by  a  barricade  of  coarse  "gunny" 
sacks  filled  with  sand.  These  breastworks,  six  feet  thick 
and  ten  feet  high,  and  extending  out  from  the  front  cor- 
ners of  the  building,  made  a  large  inclosure  including 
the  street.  Embrasures  were  left  for  cannon,  and  there 
was  an  inside  platform  and  openings  for  musketry  fire. 
Cannon  were  also  placed  on  the  roof.  Sympathizers  in 
the  neighborhood  offered  their  stores  and  warehouses  as 
depositories  for  arms  and  food,  and  for  hospital  purposes, 
and  on  the  roofs  of  these  buildings  sentries  were  stationed. 
The  immediate  result  was  a  great  mass-meeting  indorsing 
the  Committee,  and  the  men  within  "Fort  Gunnybags" 
went  on  trying  and  banishing  the  bad  characters  of  the  city. 
14  207 


CALIFORNIA 

The  state  under  the  law  was  entitled  to  a  certain  quota 
of  arms  from  the  federal  arsenal,  and  these  Governor 
Johnson  finally  managed  to  extract  from  Major-General 
Wool — six  cases  of  muskets.  Two  men,  Reuben  Maloney 
and  John  C.  Phillips,  went  secretly  to  Benicia  for  them, 
stowed  them  into  a  schooner,  the  Julia,  and  started  for 
San  Francisco.  The  Vigilance  Committee  having  been 
notified  of  this  move  by  the  captain  of  another  schooner, 
a  force  was  sent  to  relieve  the  confidential  agents  of  their 
burden.  The  Julia  was  boarded  in  San  Pablo  Bay,  and 
both  arms  and  men  taken  into  custody.  At  San  Fran- 
cisco the  men  were  released  and  the  muskets  taken  to 
Fort  Gunnybags. 

Then  came  a  series  of  events  which  must  have  made 
the  Committee  wish  that  they  had  kept  their  hands  out 
of  one  hornets'  nest,  at  least.  They  determined  to  re- 
arrest Maloney  and  Phillips,  and  sent  Sterling  A.  Hopkins, 
of  their  police  force,  to  bring  them  to  headquarters. 
Hopkins  suffered  from  an  excess  of  zeal  and  no  little 
egoism.  Maloney  proved  to  be  in  the  office  of  Dr.  R.  P. 
Ashe,  a  captain  of  one  of  the  Law  and  Order  companies. 
He  was  surrounded  by  Terry,  Hamilton  Bowie,  and  James 
McNab.  Terry,  as  a  peace  officer,  forbade  the  arrest 
in  his  presence. 

Hopkins  withdrew,  but  instead  of  going  to  head- 
quarters for  instruction,  doubled  his  forces  and  started 
for  the  office  again.  As  he  was  marching  down  Jackson 
Street  he  met  the  Maloney  party  on  their  way  to  the 
armory  of  the  San  Francisco  Blues  on  the  northeast  cor- 
ner of  Dupont  Street.  They  were  armed  with  guns. 
Hopkins  and  his  nine  men  bore  down  upon  them  and 
attempted  to  seize  Maloney.     Terry,  whose  fighting-blood 

208 


DAVID    S.   TERRY 

always  seems  to  have  been  on  tap,  rushed  at  Hopkins, 
brandishing  his  gun.  The  poHce  officer  caught  it  below 
the  nozzle,  and  the  two  men  struggled  to  gain  sole  pos- 
session, until  Terry,  now  quite  beside  himself,  drew  his 
bowie-knife  and  plunged  it  into  Hopkins's  neck.  The 
wounded  man  sank  to  the  sidewalk  streaming  with  blood. 
He  was  caught  up  and  carried  to  the  Pennsylvania  Engine- 
house  by  his  companions,  who  do  not  seem  to  have  had 
the  presence  of  mind  to  make  an  arrest. 

The  Law  and  Order  citizens,  their  minds  no  doubt 
visited  abruptly  by  a  picture  of  those  thirty  men  sitting 
in  judgment  behind  a  long  table  down  at  Fort  Vigilance, 
ran  for  the  armory,  and,  the  usual  crowd  filling  the  nar- 
row streets  at  once,  the  doors  were  closed  and  barred. 
A  few  moments  later  that  most  ominous  sound  known 
to  the  fifties,  the  alarm-bell  of  the  Vigilance  Committee, 
sounded  its  single  loud  deep  note.  Within  fifteen  min- 
utes every  fighting  member  of  the  Committee  was  armed 
and  ready  to  march  imder  the  leadership  of  Marshal 
Doane  on  his  white  horse. 

It  was  three  o'clock  when  the  tap  sounded.  Merchants, 
professional  men,  mechanics,  the  rich,  the  poor,  dropped 
their  work,  seized  their  guns,  and  hurried  to  headquarters. 
Draymen  imhitched  the  horses  from  their  vehicles, 
mounted  them,  and  galloped  for  Fort  Gunnybags.  At 
the  end  of  another  fifteen  minutes  not  only  the  armory, 
but  every  bmlding  identified  with  the  Law  and  Order 
forces  was  surrounded.  The  crowds  retreated  to  the 
roofs.  For  blocks  the  streets  were  packed  with  silent 
rows  of  upright  military  -  looking  men,  their  muskets 
glittering  in  the  sun.  This  was  the  first  object-lesson  the 
inimical  party  had  received  of  the  marvelous  drilling, 

209 


CALIFORNIA 

the  appalling  numbers,  and  the  unanimity  of  spirit  the 
Vigilance  Committee  was  able  to  command  with  a  single 
tap  of  its  bell. 

The  horrified  party  inside  the  armory  of  the  Blues  sent 
out  a  letter  to  the  Committee  offering  to  surrender  if 
assured  of  protection  from  violence.  The  letter  was 
signed  by  Ashe,  as  captain  of  Company  A,  and  Martin 
J.  Reese,  as  first  lieutenant  of  Company  B.  They  re- 
ceived the  assurance  of  protection  provided  they  would 
surrender  not  only  Maloney  and  Terry,  but  all  the  ammu- 
nition in  the  building.  As  the  intrenched  were  disposed 
to  dicker,  two  cannon  were  moved  to  a  position  command- 
ing the  front  of  the  armory.  They  were  given  fifteen 
minutes  to  accept  or  reject  the  terms,  and  the  surrender 
of  the  others  in  the  armory  was  now  demanded  in  addi- 
tion to  the  original  two.  The  men  inside  were  no  fools. 
They  opened  the  doors  without  further  parley,  and  a 
detachment  of  the  Vigilance  Committee  forces  marched 
in.  Three  hundred  muskets  and  other  weapons  were 
carried  out  first,  loaded  on  drays,  and  sent  down  to  the 
fort.  Then  two  carriages — "hacks,"  in  local  parlance — 
which  always  seem  to  have  dogged  those  ominous  mus- 
terings,  drove  up  to  the  doors.  The  prisoners  entered, 
police  officers  climbed  to  the  box-seats  and  roof  or  hung 
on  behind.  Large  bodies  of  infantry,  which  in  turn  was 
protected  by  cavalry,  surrounded  the  hacks  and  began 
their  march  down  to  Fort  Gunnybags.  On  their  way 
they  paused  before  other  Law  and  Order  strongholds, 
which  gave  up  their  arms,  ammunition,  and  themselves 
without  parley.  Sherman  must  have  been  under  a  mis- 
apprehension when  he  informed  the  governor  that  all 
the  arms  in  the  city  were  in  the  possession  of  the  VigilancQ 

219 


DAVID    S.    TERRY 

Committee,  for  on  that  day  alone  they  took  six  hundred 
muskets  and  a  corresponding  amount  of  powder  and  shot 
and  other  munitions  of  war.  They  also  captured  eleven 
cases  of  muskets  and  three  boxes  of  pistols  and  ammu- 
nition sent  down  from  Sacramento  on  the  Mariposa. 
It  is  possible  that  Sherman,  thoroughly  disgusted  and 
secretly  believing  in  the  righteousness  of  the  other  cause, 
did  not  care  to  arm  the  riffraff  of  the  city,  who  were  more 
likely  to  loot  than  to  face  the  forces  of  the  Vigilance 
Committee. 

Terry  had  ruined  the  Law  and  Order  cause  as  thor- 
oughly as  if  he  had  been  its  bitterest  enemy,  and  he 
was  a  most  imwelcome  guest  at  Fort  Vigilance.  As  a 
member  of  the  Committee  remarked,  "They  had  gone 
gunning  for  ferrets  and  corralled  a  grizzly."  Terry  not 
only  was  a  state  officer,  a  sufficient  embarrassment  in 
itself,  but  he  had  been  prominent  in  California  ever  since 
his  arrival,  and  had  served  his  coimtry  in  the  Mexican 
War.  No  man  was  more  conspicuous  as  a  bitter  partisan 
in  politics;  he  had  indisputable  legal  ability,  and  he  was 
brave  and  reckless  to  a  degree  that  might  have  justified 
him  in  posing  as  a  symbol  of  the  times.  Always  retaining 
something  of  the  Texas  ranger  in  his  swagger  and  dress — 
to  say  nothing  of  manners — ^he  was  a  pictiiresque  figiire  in 
spite  of  his  beard,  and,  like  all  men  of  violent  individuaHty, 
was  rabidly  loved  and  hated. 

It  is  possible  that  if  Terry  had  made  off  for  the  interior 
on  horseback  he  would  not  have  been  hunted  with  ardor; 
but,  although  to  hang  a  justice  of  the  Supreme  Bench  of 
the  state  was  the  last  thing  the  Committee  had  anticipated 
when  organizing,  they  were  prepared  to  go  even  that 
length  if  the  wound  he  had  inflicted  proved  mortal. 

211 


CALIFORNIA 

Dr.  Ashe,  being  a  naval  officer  of  the  port,  was  almost 
as  great  an  embarrassment;  but,  as  he  was  innocent  of 
attempted  murder  and  gave  his  word  to  remain  neutral 
and  to  hold  himself  at  the  disposal  of  the  Committee,  he 
was  let  out  on  parole.  The  Committee  had  no  desire  to 
get  into  trouble  with  the  United  States  government. 
The  other  Law  and  Order  prisoners  were  also  dismissed 
after  an  uncomfortable  night. 

It  is  true  that  before  Terry's  arrest  the  majority  of 
first-class  men  in  the  Law  and  Order  party  had  resigned  in 
disgust,  not  only  because  the  governor,  who  should  have 
adequately  supported  them,  proved  to  be  weak  and 
obstinate,  but  they  were  men  of  brains  and  realized  their 
own  futility.  The  Vigilance  party  numbered  thousands 
to  their  hundreds,  and  was  supported  by  public  opinion. 
They  had  dropped  out  one  by  one,  and  those  that  remained 
steadfast  felt  keenly  the  humiliation  of  being  classed  with 
the  miserable  crooks  and  gamblers  and  saloon  hangers-on 
with  whom  they  had  been  forced  to  fill  their  ranks ;  more- 
over of  learning  every  few  days  that  a  fresh  batch  of  these 
very  "Law  and  Order  soldiers"  had  been  arrested  and 
deported. 

Of  those  that  had  remained  until  the  day  which  wit- 
nessed the  final  overthrow  of  the  party  Gen.  Volney 
Howard  was  the  most  conspicuous  by  reason  of  being  in 
command  of  the  Law  and  Order  forces  and  his  intimacy 
with  Terry.  He  took  his  humiliation  in  no  philosophical 
spirit,  and,  although  a  general  without  an  army,  blustered 
to  the  Vigilance  Committee  that  he  would  put  them 
down  in  sixty  days,  as  he  expected  reinforcements  from 
Washington.  The  Vigilance  Committee  did  not  even 
pause  to  smile,   and  he  retreated  to  Sacramento  and 

212 


DAVID   S.   TERRY 

poured  out  his  indignation  over  Justice  Terry's  arrest 
at  the  hands  of  law-breakers  until  some  one  interrupted 
him  with  the  pertinent  question:  What  business  had  a 
justice  to  leave  his  bench  in  Sacramento  and  engage  in  a 
street  row  in  San  Francisco?  There  was  no  doubt  that 
the  entire  sta.te,  with  the  exception  of  the  individual 
remnants  of  the  former  Law  and  Order  party,  and 
Terry's  friends,  was  behind  the  Vigilance  Committee; 
nevertheless,  men  of  all  opinions  sincerely  hoped  that 
Hopkins  would  live. 

Terry  has  been  blamed  for  not  remaining  quiet,  dig- 
nified, passive,  refusing  to  acknowledge  the  jurisdiction  of 
the  Committee  or  in  any  manner  to  recognize  its  action. 
If  he  had  maintained  this  lofty  and  judicial  attitude  it 
is  argued  that  the  hostile  sentiment  of  the  c^'ty  would 
have  yielded  to  admiration,  and  there  might  even  have 
been  a  peremptory  demand  from  members  of  the  Com- 
mittee itself  that  he  be  discharged  as  outside  of  its  juris- 
diction. 

But  when  a  man  has  a  rope  roimd  his  neck,  helpless  in 
the  grasp  of  the  most  powerful  and  awe-inspiring  secret 
tribunal  the  world  has  seen  since  the  days  of  the  doges, 
when  he  is  a  big-bodied  full-blooded  Texas  ranger  ac- 
customed to  bluff,  and  to  bellowing  down  opponents,  the 
judicial  attitude  of  mind  is  liable  to  suspension.  He 
railed  at  the  Committee,  shouted  over  the  top  of  his 
"cell,"  communicated  with  his  friends  outside  through 
his  wife,  and  never  for  a  moment  ceased  to  demand  his 
liberty. 

Great  pressure  was  brought  to  bear  upon  the  Com- 
mittee ;  even  Commander  Boutwell,  United  States  sloop 
John  Adams,  then  in  the  harbor,  demanded  that  Terry, 

213 


CALIFORNIA 

as  a  state  judge,'^be  imprisoned  on  board  his  ship.  This 
move  was  intended  to  embroil  the  Committee  with  the 
United  States  government,  an  issue  that  Governor  John- 
son, under  the  advice  of  Terry,  had  endeavored  to  com- 
pass from  the  beginning. 

But,  although  such  powerful  men  as  Hall  McAllister, 
Judge  Thornton,  and  Alexander  P.  Crittenden  managed 
to  delay  the  trial  on  the  pretext  of  negotiation  between 
Terry  and  the  executive  committee — ^which  involved  many 
interviews — it  all  came  to  naught.  Dr.  Beverly  Cole  had 
testified  on  the  day  after  the  arrest  that  Hopkins  was 
dangerously  wounded,  and  once  more  San  Francisco  was 
in  a  state  of  wild  excitement.  Really  one  wonders  how 
those  agitated  brains  of  the  fifties  ever  survived  into  the 
more  tranquil  sixties,  and  what  time  they  had  to  attend 
to  their  flourishing  businesses.  San  Francisco,  however, 
despite  her  many  trials,  has  always  manifested  an  almost 
uncanny  ability  to  take  care  of  herself. 

Although  the  trial  was  postponed  until  Friday,  the 
testimony  of  Dr.  Ashe  was  taken  on  the  Sunday  after  the 
arrest,  and  that  same  evening  Terry  was  indicted  on  the 
following  coimts.  In  a  brief  space  they  give  not  only 
an  insight  into  Terry's  character  and  career,  but  into  the 
searching  methods  of  the  Committee  toward  any  prisoner 
before  its  bar. 

Resisting  with  violence  the  officers  of  the  Vigilance  Committee 
while  in  the  discharge  of  their  duties. 

Committing  an  assault  with  a  deadly  weapon  with  intent  to  kill 
Sterling  A.  Hopkins  on  June  21,  1856. 

Various  breaches  of  the  peace  and  attacks  upon  citizens  while  in 
the  discharge  of  their  duties,  specified  as  follows: 

I.  Resistance  in  1853  to  a  writ  of  habeas  corpus  on  account  of  which 
one  Roach  escaped  from  the  custody  of  the  law,  and  the  infant  heirs 
of  the  Sanchez  family  were  defrauded  of  their  rights, 

2X4 


DAVID    S.    TERRY 

2.  An  attack  in  1853  on  a  citizen  of  Stockton  named  Evans. 

3.  An  attack  in  1853  on  a  citizen  in  San  Francisco  named  Purdy, 

4.  An  attack  at  a  charter  election  on  a  citizen  of  Stockton  named 
King. 

5.  An  attack  in  the  court-house  of  Stockton  on  a  citizen  named 
Broadhouse. 

Although  there  were  now  practically  no  arms  in  the 
city  save  those  in  the  possession  of  the  Vigilance  Com- 
mittee, it  was  feared  that  a  sufficient  number  might  be 
supplied  by  Boutwell  to  encourage  the  friends  of  Terry 
to  rush  the  fort ;  and  it  is  possible  that  this  naval  officer, 
who  does  not  appear  to  have  been  a  monster  of  judgment, 
might  have  done  some  practical  meddling  had  he  not 
been  promptly  called  to  order  by  Admiral  Farragut,  who 
had  no  intention  of  risking  a  rebuke  from  Washington. 
But  meanwhile  Fort  Vigilance  had  extended  its  lines  of 
guards  in  all  directions,  and  Terry  was  transferred  to  a 
cell  where  he  could  not  shout  to  possible  friends  on 
neighboring  roofs. 

An  effort  was  made  by  the  negotiators  to  induce  Terry 
to  resign  his  position  on  the  Supreme  Bench  and  promise 
to  leave  the  state;  but  if  his  fearless  spirit  ever  considered 
this  road  to  liberty  we  have  no  knowledge  of  it.  We  do 
know,  however,  that  Mrs.  Terry  said  loudly  that  he 
never  should  leave  the  Committee  fort  alive  save  as  a 
justice  of  the  Supreme  Court. 

All  the  correspondence  relative  to  the  case,  by  the 
way,  that  issued  from  the  Committee  rooms  was  signed 
Secretary  33,  a  signature  that  caused  as  keen  a  thrill  of 
terror  in  those  days  as  the  tap  of  the  alarm-bell.  The 
man  behind  was  Isaac  Bluxome,  Jr.  Finally  all  cor- 
respondence relative  to  Terry  ceased  and  the  trial 
began. 

215 


CALIFORNIA 

Terry  was  led  into  the  long  room  and  directed  to  stand 
before  the  bar  of  the  executive  committee.  It  was  a 
scene  that  Terry  knew  had  daunted  nerves  as  stout  as 
his:  that  long  table  with  its  sober  faces,  Mr.  Coleman  in 
the  middle,  just  and  implacable,  no  one  else  in  the  room 
but  the  prisoner,  the  counsel,  and  one  witness.  Seventy- 
five  men  under  arms  were  within  the  building;  rank  upon 
rank  without.  Gunners  stood  beside  the  cannon,  and  a 
drawbridge  was  in  readiness  to  be  lowered  from  the  sec- 
ond-story window,  that  Terry  might  be  spirited  away  in 
case  of  attack. 

The  taking  of  testimony  and  the  examination  of  wit- 
nesses occupied  three  weeks.  Terry  was  defended  by 
Miers  F.  Truet.  Thomas  J.  L.  Smiley  appeared  for  the 
prosecution.  Terry  plead  not  guilty  to  all  the  charges, 
and  this  attitude  entailed  the  examination  of  a  vast 
number  of  witnesses,  all  of  whose  testimony  was  thor- 
oughly sifted.  Hopkins  was  on  the  road  to  recovery 
long  before  the  trial  was  over,  and  this  fact  had  restored 
all  Terry's  dashing  confidence  in  himself  and  his  destiny. 
On  June  2 2d  he  plead  his  own  case,  reiterating  what  he 
had  maintained  from  the  beginning,  that  he  merely  had 
resented  an  insult  and  defended  his  life.  This  was  pal- 
pably a  lie,  but  the  court  was  anxious  to  be  rid  of  him 
now  that  he  no  longer  was  a  potential  murderer,  and  not 
only  in  his  own  person  but  as  a  state  officer  had  been 
punished  by  much  humiliation  and  loss  of  prestige.  A 
vote  of  three-fifths  was  required  to  convict  him.  He  was 
found  guilty  on  the  first  charge  and  on  one  of  the  minor 
charges.  Upon  the  second  charge,  that  of  assault  with 
intent  to  kill,  the  committee  sat  up  for  two  nights  and 
finally  pronoimced  him  "guilty  of  assault."    He  was  dis- 

2j6 


DAVID    S.   TERRY 

charged  and  told  to  leave  the  state;  but  the  order  was 
not  enforced. 

There  is  no  doubt  that  he  owed  his  discharge  not 
merely  to  the  fact  that  he  was  a  white  elephant — ^for  many 
members  of  the  committee  refused  to  consider  the  dig- 
nified position  he  held  on  the  bench — but  to  the  utter 
and  universal  contempt  which  Hopkins  had  managed  to 
inspire.  He  strutted  about  like  a  swollen  turkey  cock 
as  soon  as  he  was  able  to  be  out,  and  while  still  in  bed 
had  held  daily  receptions.  Finally  he  appeared  before 
the  Vigilance  Committee  and  offered  to  compromise  with 
Terry  on  a  money  basis.  The  executive  committee,  dis- 
gusted that  such  a  creature  should  have  crept  into  their 
ranks,  were  the  more  inclined  to  be  lenient  with  Terry, 
who  at  least  was  a  man. 

Boutwell  received  the  justice  on  board  the  John  Adams 
and  fired  a  salute  in  his  honor.  As  soon  as  possible 
Terry  took  the  river-boat  for  Sacramento.  There  he 
remained  quiet  for  a  while,  to  emerge  later  in  a  far  more 
important  and  terrible  rdle. 


XV 

BRODERICK 

David  C.  Broderick,  the  ablest  man  in  California's 
political  history  and  in  many  respects  the  most  interest- 
ing, was  also  one  of  the  most  complete  exponents  of  the 
Irish- American  politician  of  the  large  successful  type  that 
the  United  States  has  produced.  It  would  seem  that 
only  men  of  this  peculiar  breed  can  wage  war  against 
an  aristocracy  or  oligarchy  without  becoming  mere  dem- 
agogues or  deluding  themselves  with  the  fiction  that 
they  are  working  for  the  brotherhood  of  man,  coining 
new  names  to  explain  themselves. 

Broderick  at  all  events  cherished  no  delusions  of  that 
sort.  He  wanted  the  earth,  and  he  wanted  it  for  himself. 
A  plebeian  by  birth,  bom  in  an  era  when  the  aristocracies 
of  the  republic  were  all-powerful,  his  great  abilities  ham- 
pered by  the  oligarchies  he  despised,  he  swore  to  conquer 
in  spite  of  every  intrenched  and  opposing  force,  and  to 
achieve  the  highest  ambitions  that  might  be  cherished 
by  the  "true-blue  American."  He  was  ambition  incar- 
nate. If  he  had  any  weaknesses  or  vicious  tendencies  he 
plucked  them  out  by  the  roots  while  he  was  still  a  young 
man,  lest  they  interfere  with  his  paramount  object.  He 
neither  drank  nor  smoked  nor  looked  upon  woman.  He 
had  warmth,  and  humor,  but  he  rarely  allowed  these  too 
human  tendencies  to  appear,  lest  they  also  retard  his 

218 


BRODERICK 

progress ;  nevertheless,  they  were  to  be  divined,  as  well  as 
his  sense  of  fair  play  and  gratitude;  and  in  consequence 
his  friends  loved  him  as  passionately  as  his  enemies  hated 
him.  No  man,  however,  was  close  to  him — ^until  those 
dark  days  when  he  knew  that  his  political  enemies  had 
decreed  that  he  must  die,  and  for  the  first  time  his  great 
soul  was  discouraged. 

His  personal  magnetism  and  political  acumen  were  so 
extraordinary  that  men  of  all  ages  followed  him  like  dogs, 
only  asking  to  be  allowed  to  take  orders  from  this  bom 
leader  of  men;  and  no  one  smiled  when  at  the  age  of 
twenty-nine  it  was  known  that  he  had  said  to  General 
Sickles,  just  before  leaving  New  York  for  California,  that 
he  intended  to  return  as  United  States  Senator.  He 
never  admitted  to  cherishing  a  higher  ambition  still,  but 
few  doubted  that  if  he  had  been  permitted  to  outlive  the 
Civil  War  he  would  have  roimded  out  his  career  in  the 
White  House. 

Broderick  was  bom  in  the  District  of  Columbia,  Febru- 
ary 4,  1820.  His  father  was  a  stone-cutter,  and  the 
marble  columns  that  support  the  eastern  front  of  the 
Capitol  were  the  work  in  part  of  the  laborer  whose  son 
was  to  be  the  first  man  of  humble  birth  to  invade  the 
aristocratic  Senate  chamber  and  force  its  members  to 
listen  to  him.  The  mason  moved  to  New  York  and  died 
when  David  was  fourteen,  leaving  him  with  a  family  to 
support.  He  had  been  apprenticed  to  a  stone-cutter,  but, 
being  a  big  strong  fellow  and  eager  to  take  good  care  of 
his  mother  and  brother,  he  joined,  when  he  was  old 
enough,  the  New  York  Volunteer  Fire  Company.  He 
soon  became  its  most  famous  member.  All  New  York 
firemen  are  fearless,  and  it  was  not  easy  to  win  a  reputa- 

219 


CALIFORNIA 

tion  for  reckless  bravery;  but  he  did,  his  reputation  en- 
hanced by  the  ready  and  effective  use  of  his  fists.  Before 
long  he  was  foreman  of  his  company,  and  drifted  naturally 
into  politics.  To  increase  his  influence  as  well  as  the 
comforts  of  his  family  he  opened  two  saloons,  to  which 
his  magnetic  and  enigmatical  personality  drew  all  the 
politicians  of  the  neighborhood. 

He  was  a  Democrat ;  but,  although  he  hated  the  Whigs, 
he  hated  the  aristocratic  and  powerful  wing  of  his  own 
party  far  more.  The  "Albany  Regency  "  of  the  state,  and 
The  "Old  Man's  Committee"  of  the  city,  made  a  formi- 
dable wall  for  any  ambitious  young  plebeian  to  scale. 
Nevertheless,  v/hen  he  was  twenty-one  he  obtained  a 
position  in  the  custom-house  (a  mere  side-issue  with 
him,  however)  through  the  friendship  of  no  less  a  personage 
than  President  Tyler.  Jeremiah  Lynch  relates  an  inci- 
dent which  illustrates  the  daring  and  resource  of  this 
remarkable  young  man. 

.  . .  President  Tyler  had  received  and  accepted  an  invitation  to  visit 
New  York  City.  A  committee  of  officials,  accompanied  by  eminent 
citizens  and  foreign  guests,  embarked  on  a  steamer  to  meet  the  Presi- 
dent on  the  Jersey  shore.  Although  elected  as  a  Whig,  Tyler  was 
coquetting  with  the  Democrats,  and  so  Tammany  Hall  also  selected 
a  committee,  or  rather  two  committees,  to  tender  homage  to  the  Presi- 
dent. 

One  committee  represented  the  ultra-aristocratic  element — for 
Tammany  was  then  respectable — and  the  other,  also  a  Tarmnany  selec- 
tion, was  made  up  of  young  men  as  distinct  from  old  men;  in  other 
words,  the  classes  against  the  masses.  Broderick  was  of  the  second 
committee,  which  was  expected  to  gaze,  be  humble  and  silent.  How- 
ever, the  forty  sachems — twenty  and  twenty — after  disembarking  from 
their  steamer,  walked  to  the  President's  residence,  and  while  the 
mighty  rich  were  awaiting  on  the  lawn  the  President's  appearance, 
Broderick  strode  to  the  door  alone,  opened  it,  entered,  and  presently 
returned  with  the  President  of  the  United  States  on  his  arm.  Con- 
ducting Tyler  to  the  astounded  group,  he  saluted  the  President  and 

220 


BRODERICK 

then  said,  in  the  same  loud  tones  as  when  directing  his  fire-laddies  at 
a  conflagration,  "Now,  then,  form  a  circle  and  the  President  will  talk 
to  you."  For  a  moment  no  one  moved,  so  aghast  were  they,  until  one 
of  the  immaculates  said  like  a  philosopher,  "Come,  gentlemen,  give 
attention  to  the  President,"  and  Tyler  delivered  a  short  address. 
After  the  President  ceased  he  very  naturally  turned  to  Broderick  as 
the  leader,  and  the  latter,  quietly  taking  the  President's  arm  with  an 
injunction  to  all  Knickerbockers  and  firemen  to  "form  the  line  of 
march,"  led  the  way  to  the  landing j  where  the  tardy  boat  containing 
the  real  city  committee,  with  its  music  and  platoons  of  uniforms,  had 
just  arrived.  Here  he  was  obliged  to  surrender  his  prisoner;  and, 
although  President  Tyler  was  so  delighted  with  him  that  he  gave  him 
a  lucrative  position  in  the  custom-house,  he  made  und3ang  enemies 
of  the  oligarchy  he  had  humiliated. 

His  mother  died  when  he  was  twenty-four;  his  brother 
was  accidentally  killed.  So  far  as  he  knew  he  was  alone 
in  the  world.  But  he  had  no  leisure  hours  for  loneliness. 
When  politics  spared  him  he  read  and  studied  under  the 
guidance  of  educated  men  whom  he  had  interested  and 
who  foresaw  something  of  his  futtue.  He  helped  to  carry 
his  state  for  Polk,  but  his  political  course  was  not  to  be 
run  in  New  York.  His  opponents  as  well  as  his  bitter 
personal  enemies  had  made  up  their  minds  that  it  was 
time  to  get  rid  of  him,  and  when  he  ran  for  Congress 
not  only  the  Whigs,  but  the  Democratic  oligarchy  united 
against  him,  and  he  was  defeated.  At  that  age  he  did  not 
know  the  meaning  of  discouragement,  although  he  was 
quite  astute  enough  to  see  that  he  could  not  win  against 
so  formidable  a  combination  of  forces.  Just  then  came 
the  news  of  the  gold  discovery  in  California.  Nearly  all 
his  friends  joined  the  hegira,  and  it  was  not  long  before 
he  made  up  his  mind  that  the  new  country  was  the  place 
for  him  and  his  ambitions.  He  sailed  via  the  Isthmus, 
and  arrived  in  San  Francisco  on  June  13,  1849. 

The  long  unsanitary  journey  and  the  usual  detention 

221 


CALIFORNIA 

in  that  pest-spot,  the  Isthmus  of  Panama,  seriously 
affected  his  health.  He  was  in  no  condition  for  the  mines, 
and  the  ragged  little  city  of  San  Francisco,  with  its  hovels 
and  tents,  its  cloth  and  lath  bunk-houses  infested  with 
vermin,  its  garish  gambling-houses,  its  unpaved  streets, 
knee -deep  in  mud  in  winter  and  sand  and  refuse  in 
simmier,  alternately  in  a  wild  state  of  excitement  and 
black  depression,  must  have  looked  hopeless  to  a  young 
New  Yorker  of  twenty-nine  with  an  enfeebled  body,  not 
a  penny  in  his  pocket,  and  a  colossal  ambition.  But  he 
wasted  no  time  in  regrets  or  despair.  Whatever  jobs  he 
could  obtain  to  keep  body  and  soul  together  he  worked 
at  faithfully,  and  within  a  month  he  had  a  lucrative  busi- 
ness of  his  own. 

Col.  J.  D.  Stevenson,  who  had  known  him  in  New 
York,  and  appreciated  his  caliber,  lent  him  a  thousand 
dollars;  in  company  with  another  New  York  friend 
named  Kohler,  he  opened  an  assay  office  and  manu- 
factured gold  slugs  whose  intrinsic  value  was  four  or 
eight  dollars  respectively,  but  readily  passed  as  five  or 
ten  dollar  pieces,  so  delighted  were  the  people  to  get  some- 
thing more  convenient  than  gold-dust  as  a  medium 
of  exchange.  To  this  lucrative  occupation  the  young 
men  added  the  manufacture  of  jewelry,  and  as  the  women 
of  commerce  were  pouring  into  the  town  the  income  of 
the  firm  jumped  from  day  to  day. 

Broderick  soon  left  this  business  to  his  partner,  how- 
ever, for,  his  necessities  relieved,  he  lost  all  interest  in 
money-making.  After  the  first  great  fire  he  organized 
a  fire  company  on  the  model  of  the  one  whose  foreman 
he  had  been  in  New  York,  and  his  political  career  began 
almost  immediately.     He  was  elected  to  the  first  state 

222 


BRODERICK 

legislature  in  January,  1850,  six  months  after  his  arrival, 
and  by  an  overwhelming  majority.  He  was  already  the 
best-known  young  politician  in  San  Francisco,  no  doubt 
through  his  manipulation  of  that  mighty  influence  in 
politics,  the  fire  department;  and  he  ruled  certain  wards 
despite  the  already  growing  power  of  the  Southerners. 

Gwin,  when  he  became  United  States  Senator,  obtained 
the  complete  control  of  the  federal  appointments.  Prac- 
tically every  office  in  the  gift  of  the  national  Executive 
was  filled  with  Southerners,  more  or  less  aristocratic,  and 
the  custom-house  was  currently  known  as  the  "Virginia 
Poorhouse."  But  when  it  came  to  municipal  politics 
the  Southern  Democrats,  astute  and  accomplished  poli- 
ticians as  they  were,  and  with  the  formidable  strength 
of  imion,  found  a  rival  in  this  young  Tammany  man, 
whose  rise  to  power  and  distinction  was  quick  and  spec- 
tacular even  for  that  day. 

During  the  second  session  Governor  Burnett  resigned 
and  was  succeeded  by  the  lieutenant  -  governor,  John 
McDougal.  This  left  the  office  of  president  of  the  senate 
vacant,  and  Broderick  was  elected  to  fill  it.  He  was 
now  thirty-one,  and  already  the  most  active  and  marked 
politician  in  the  state  of  which  he  had  been  a  citizen  for 
a  year  and  a  half.  As  a  presiding  officer  he  won  enco- 
miums even  from  his  enemies,  of  which  he  already  had  a 
full  crop;  he  had  acquired  somewhere  a  thorough  knowl- 
edge of  parliamentary  law,  and  he  always  applied  his 
faculties  to  the  matter  in  hand  with  that  power  of  con- 
centration inseparable  from  minds  born  to  dominate. 

Those  were  tiu*bulent  days  in  the  itinerary  capital  of 
the  state,  as  in  San  Francisco.  The  austerity  and  dig- 
nity of  Broderick 's  character  would  have  dictated  an 

15  223 


CALIFORNIA 

unswerving  attitude  of  lofty  detachment.  But  the  youth 
in  him  made  his  fists  as  ready  as  ever,. and  even  senators 
appeared  in  the  chamber  bristling  about  the  hips,  al- 
though they  immediately  transferred  both  pistols  and 
bowie-knife  to  the  desk  in  front  of  them!  Sometimes 
these  were  pushed  aside  by  their  feet  or  obscured  by 
tobacco-smoke,  or  mayhap  they  fell  into  the  spittoon; 
but  they  never  were  wholly  forgotten.  In  those  days 
politics  were  taken  far  more  personally  than  now,  and 
every  man  was  ready  to  defend  his  party  with  his  fists 
or  the  more  deadly  weapon,  as  with  every  resource  of  his 
brain.  Broderick  got  into  more  than  one  fight,  and  had  his 
duel.  He  soon  proved  his  mettle,  and,  although  courage 
and  coolness  were  not  overvalued  in  a  community  where 
the  coward  hardly  existed  long  enough  to  prove  the  rule, 
still  a  few  exhibitions  of  both  were  useful  in  placing  a 
man  once  for  all. 

After  the  adjournment  of  the  legislature  Broderick 
remembered  that  the  ambition  of  his  life  was  to  be  a 
Senator  of  the  United  States.  He  Tammanyized  San 
Francisco,  and  returned  a  large  number  of  his  friends  and 
supporters  to  the  next  legislature.  There  his  name  was 
proposed  to  succeed  Fremont,  whose  place  had  been 
vacant  since  March  ist  of  the  previous  year.  The  vote 
he  received,  although  not  sufficient  to  elect  him,  demon- 
strated his  growing  power. 

John  B.  Weller  was  elected;  and  Broderick,  nothing 
daunted,  began  to  work  for  the  vacancy  which  would 
occur  at  the  expiration  of  Gwin's  term  in  March,  1855. 

He  had  three  years  to  lay  his  senatorial  wires,  and 
meanwhile  he  was  a  member  of  the  first  Vigilance  Com- 
mittee, helped  to  put  out  the  fires  that  ravaged  the  city, 

224 


BRODERICK 

and  invested  in  water-lots  the  money  he  had  made  in 
slugs  and  jewelry,  an  investment  that  made  him  a  rich 
man.  He  seems  to  have  had  little  personal  use  for 
money,  for  he  lived  simply,  rarely  frequenting  the  society 
even  of  men,  spending  all  his  spare  hours  in  study,  and 
further  improving  his  mind  with  what  literature  there  was 
in  the  state.  But  he  had  much  use  for  gold  in  his  political 
organizations,  and  he  not  only  made  it  as  rapidly  as  he 
could,  but  he  impressed  more  and  more  men  that  had  it 
into  his  service.  In  addition  to  his  political  ambitions, 
recognized  by  all,  he  cherished  a  desire  to  become  San 
Francisco's  most  energetic  and  useful  citizen;  and,  al- 
though he  had  to  share  this  honor  with  such  men  as 
William  T.  Coleman,  San  Francisco  owed  many  of  its 
improvements  and  public  buildings  to  his  inspiration. 
It  was  about  this  time  that  he  discarded  the  familiar  blue 
shirt,  "pants"  tucked  into  his  boots,  and  silk  hat  worn 
far  back;  the  last  so  distinctive  of  leading  citizens. 
He  sent  to  New  York  for  the  dignified  apparel  of  the 
truly  eminent  and  respectable,  and  for  the  rest  of  his  life 
was  rarely  seen  save  in  a  "boiled"  shirt  and  black  frock- 
coat  and  trousers.     The  silk  hat  alone  was  retained. 

Always  reserved  and  dignified,  he  grew  more  so,  more 
and  more  averse  from  talking  about  himself  and  his 
plans  save  when  it  was  necessary  to  take  associates  or 
henchmen  into  his  confidence.  He  must  have  been  an 
imposing  figure  in  those  unsartorial  days,  and  I  would 
that  he  had  looked  less  like  a  reissue  of  the  Neanderthal 
race;  but  the  preternaturally  long  upper  lip,  the  tight 
mouth  with  the  ruff  of  hair  below,  may  have  had  some- 
thing to  do  with  the  absence  of  those  temptations  exerted 
by  the  fair  sex — in  spite  of  his  wonderful  eyes,  keen, 

225 


CALIFORNIA 

penetrating,  glittering  like  ice.  I  would  also  that,  as  an 
admirer  of  this  remarkable  and  unhappy  man,  I  could 
record  that  his  political  ways  were  above  reproach,  as 
white  and  open  and  innocuous  as  politics  one  day  may  be, 
when  in  their  coffin;  but  there  is  little  doubt  that  he 
employed  base  tools  and  that  his  methods  were  too  often 
devious  and  without  scruple. 

On  the  other  hand,  and  for  the  same  reason — ^that  he 
was  a  great,  not  a  little,  politician — ^no  man  questioned 
his  word;  he  never  broke  a  promise — save  in  the  case  of 
Latham — and  he  was  as  tender  of  his  friends'  interests  as 
of  his  own,  as  eager  to  reward  as  Gwin  himself.  But  the 
ideal  half  of  his  rapidly  developing  intellect  was  at  war 
with  the  practical  brain  that  made  use  of  life  as  he  found 
it ;  and  while  this  saddened  him  and  made  him  one  of  the 
loneliest  men  that  ever  lived,  he  realized  that  life  was  too 
short  for  one  man  to  reform  it  and  achieve  something  of 
his  mighty  ambitions  at  the  same  time. 

Sheriff,  district  attorney,  alderman,  tax-collector,  as- 
sessor, all  were  his,  and  the  price  was  half  their  gains — 
nothing  was  said  of  mere  salaries — to  be  handed  over  to 
the  political  organization  through  which  Broderick  ruled 
San  Francisco.  He  gave  the  city  a  party  system,  how- 
ever imperfect,  but  he  did  not  interfere  in  local  affairs. 
The  dirty  work,  the  ballot-box  stuffing,  the  bullies  at  the 
polls,  these  he  shut  his  eyes  to.  He  needed  an  organiza- 
tion for  his  tdtimate  purpose,  but  with  its  details  he 
would  not  pollute  his  mind. 

He  never  descended  to  jobbery,  his  personal  record  was 
above  reproach,  and  he  disbtirsed  money  with  a  large 
hand,  excusing  his  followers  from  contributions  for 
bands,  halls,  or  any  of  the  expensive  paraphernalia  of 

?26 


BRODERICK 

elections.  He  stood  alone  like  royalty,  and  money  was 
merely  one  of  his  slaves  to  be  used  for  the  benefit  of  the 
faithful. 

It  is  a  curious  and  interesting  fact  that  Broderick  from 
the  first  succeeded  by  sheer  ability,  for  he  had  not  a  grace 
of  manner,  nor  tact,  nor  policy.  To  his  followers  he  was 
an  autocrat,  and  he  treated  his  enemies  with  open 
contempt. 

Gwin's  term  was  to  expire  March  i,  1855 ;  Weller's  two 
years  later.  To  the  legislature  assembling  in  January, 
1855,  would  fall  the  duty  of  electing  Gwin's  successor. 
But  that  was  a  mere  matter  of  custom  and  precedent. 
Broderick  had  other  plans. 

He  was  sure  of  the  legislature  of  1854.  He  was  too 
perfectly  equipped  a  politician  not  to  discount  the  un- 
known as  far  as  was  humanly  possible.  He  determined 
that  the  present  legislature  should  snap  its  fingers  at 
precedent  and  elect  Gwin's  successor. 

Some  of  the  Broderick  forces  were  distiurbed  at  this 
bold  affront  to  custom,  for  the  politician  heart  is  normally 
conservative;  but  they  rallied  to  a  man.  It  was  Brod- 
erick or  anti-Broderick.  His  word  was  law.  Obey  or 
leave. 

The  other  forces  also  rallied,  the  followers  of  Gwin,  of 
Weller,  those  whose  personal  ambitions  Broderick  threat- 
ened, those  who  opposed  him  on  principle.  His  first 
move  was  to  have  the  migratory  capital  definitely  located 
in  Sacramento ;  and  so  capttued  the  votes  of  members  of 
that  ambitious  community,  and  of  its  near-by  farmers  and 
ranchers.  Then  his  friends  and  henchmen  proceeded  to 
corrupt  the  enemy,  and  there  was  a  scandal  that  threat- 
ened disaster  at  the  outset.    A  San  Francisco  banker  ap- 

227 


CALIFORNIA 

proached  an  incorruptible,  who  caught  the  next  boat  for 
Sacramento  to  tell  the  story;  and  it  took  the  combined 
brains  of  Hall  McAllister,  Stephen  J.  Field,  and  S.  H. 
Williams  to  extricate  the  banker. 

The  assembly  was  Broderick's  by  a  large  majority, 
but  in  the  house  the  forces  were  almost  evenly  divided. 
The  bill  was  on  the  table  for  two  months.  Two  Broder- 
ick  men  took  an  otherwise  unconquerable  foe  out  for  a 
drive  and  ditched  him.  He  was  unhurt  but  thoughtful. 
There  was  to  be  no  pairing.  Each  man  was  to  do  his 
own  voting.  There  was  a  senator  from  Santa  Clara 
named  Grewell,  recently  a  clergyman.  His  convictions 
were  not  iron-clad,  and  it  was  known  that  he  had  been 
approached;  he  was  locked  up  and  closely  guarded. 
Broderick  held  himself  haughtily  aloof,  but  the  excite- 
ment grew  more  intense  every  moment.  Insults,  fights, 
duels,  sessions  in  which  men  used  their  firearms  to  gestic- 
ulate with — San  Francisco  had  a  gallant  rival  in  Sacra- 
mento. 

Grewell,  who  appears  to  have  listened,  at  least,  when 
offered  a  round  sum  for  his  vote  by  a  Broderick  agent, 
was  kidnapped  first  by  one  side  and  then  by  the  other, 
finally  taking  refuge  of  his  free  will  in  the  Broderick 
headquarters.  The  bill  came  up  in  the  assembly  and 
passed  by  a  vote  of  forty  to  thirty-eight.  The  assem- 
bly adjourned  to  witness  the  struggle  in  the  senate. 
There  the  excitement  was  so  intense  that  even  Broderick 
was  affected  and  found  it  impossible  to  preserve  his  air 
of  cold  detachment.  But  Grewell  was  produced  and, 
voting  with  the  Broderick  forces,  the  result  was  a  tie. 
The  president  of  the  senate  cast  his  vote  for  Broderick, 
and  on  one  side  of  the  chamber  the  cheering  made  the 

228 


BRODERICK 

ramshackle  building  tremble  on  its  foundations.  No- 
body questioned  that  Broderick  had  won,  that  the  elec- 
tion of  the  next  Senator  of  the  United  States  would  take 
place  in  this  his  session.  But  that  night  the  kidnapped 
was  kidnapped  again,  while  his  keeper  slept  the  sleep  that 
knows  no  awakening  until  whisky  fumes  have  run  their 
course.  On  the  following  day  he  voted  for  a  reconsidera- 
tion, which  was  carried  by  a  vote  of  eighteen  to  fifteen. 
Then  the  senate  voted  that  the  subject  be  indefinitely 
postponed.  Broderick  had  lost.  Such  were  politics  in 
California  in  the  year  of  our  Lord  1854. 


XVI 

BRODERICK  AND  GWIN 

But  Broderick  was  not  crushed,  not  for  a  moment. 
It  was  a  bitter  disappointment  to  lose  the  prize  that 
he  actually  had  fondled  in  his  hand ;  but  he  immediately 
went  to  work  to  get  possession  of  the  next  legislature. 
His  opponents,  however,  were  equally  active.  They 
were  thoroughly  alarmed.  So  far,  whatever  Broderick's 
power  in  San  Francisco,  the  state  belonged  to  the  Chivalry 
Democrats — "Chivs"  in  affection  or  scorn — and  they 
were  bitterly  opposed  to  Broderick,  both  because  he  was 
not  of  their  class  and  far  more  because  he  was  a  vehe- 
ment antislavery  man.  Nor  was  this  merely  a  mental 
attitude  of  Broderick's.  He — and  his  great  following — 
had  voted  down  a  bill  against  the  immigration  of  free 
negroes  as  well  as  a  fugitive-slave  bill.  Moreover, 
Broderick  had  denounced  Stephen  A.  Douglas's  indorse- 
ment of  squatter  sovereignty  in  Nebraska.  But  if  this 
uncompromising  attitude  solidified  the  proslavery  party 
against  him,  it  attracted  to  his  standard  all  that  were 
opposed  to  slavery  on  principle  and  all  that  had  begun 
to  think  for  themselves.  In  short,  he  typified  the  anti- 
slave  sentiment  of  the  state. 

The  state  Democratic  convention  assembled  in  Sacra- 
mento in  July,  1854.  Broderick  as  chairman  of  the  state 
committee   arranged   the   preliminaries.     He   hired   the 

230 


BRODERICK    AND    GWIN 

First  Baptist  Church  in  Fourth  Street  and  directed  his 
followers  to  enter  by  a  rear  door  an  hour  before  the  con- 
vention opened  and  occupy  the  front  seats.  The  Op- 
position were  welcome  to  the  back  of  the  room,  where  they 
might  see  or  hear  or  attract  attention  as  Providence  willed. 

But  the  Opposition  was  not  asleep.  It  now  numbered 
representatives  of  every  faction  opposed  to  Broderick, 
eager  for  the  fray  and  determined  to  extinguish  him. 
They  had  their  spies  in  the  enemy's  camp.  Knowing 
also  that  Edward  McGowan  had  been  selected  by  Brod- 
erick to  preside  at  the  convention,  they  resolved  upon 
former  Governor  McDougal,  and  upon  a  list  for  the  com- 
mittee on  credentials  and  organization. 

They  reached  the  front  door  of  the  church  just  as  the 
Broderick  cohorts  were  about  to  enter  by  the  rear. 
Thirty  men,  including  David  S.  Terry,  surroimded 
McDougal,  forced  the  door,  and  ran  down  the  aisle  tow- 
ard the  platform.  The  Broderick  men,  who  had  now 
swarmed  in,  attempted  to  head  them  off,  but,  although 
the  afterward  notorious  James  Casey  and  Billy  Mulligan 
were  there  to  use  their  fists,  the  Opposition  forces  managed 
to  secure  as  many  front  seats  as  the  Broderickites.  The 
tension  may  be  imagined. 

Broderick  walked  on  to  the  rostrum  from  the  rear  door, 
looking  more  granite  than  hirnian,  and  called  the  con- 
vention tc  order.  (The  word  order  must  have  been  a 
standing  joke  in  the  fifties.)  The  moment  he  had  uttered 
the  necessary  formalities  a  man  named  O'Meara  sprang 
to  his  feet  and  nominated  McDougal  for  president  of 
the  convention.  But  simultaneously  a  Broderick  man 
was  on  his  feet  (if,  indeed,  he  had  sat  down)  nominating 
McGowan.     Broderick  said  peremptorily: 

231 


CALIFORNIA 

"I  nominate  the  gentleman  from  Santa  Clara.  The 
seat  of  the  other  is  contested,  and  I  will  not  recognize  him." 

There  were  loud  and  indignant  protests.  Broderick 
ignored  them  and  put  the  question  on  the  nomination  of 
McGowan.  The  other  side  indulged  in  a  similar  formality 
and  carried  the  nomination  of  McDougal.  Both  nominees 
were  rushed  wildly  to  the  platform  by  their  friends. 
Pandemonium  broke  loose.  Screaming,  and  brandishing 
fists  and  pistols,  both  sides  struggled  to  get  close  to  their 
men.  A  pistol  went  off.  Three  of  the  most  excitable  but 
less  war-like  delegates  bolted  through  a  stained-glass 
window.  Another  shrieked  that  he  could  feel  blood 
running  down  inside  his  "pants."  He  was  carried  out 
fainting  and  quite  whole. 

In  spite  of  the  confusion  the  two  candidates  managed 
to  reach  the  platform  simultaneously.  They  seated 
themselves  side  by  side,  and  while  glaring  at  each  other 
shouted  the  names  of  their  vice-presidents.  Pushing  and 
jostling,  tripped  and  elbow-ribbed,  these  dignitaries  also 
reached  the  rostrum  and  seated  themselves  beside  their 
winded  superiors.  Then  two  sets  of  committees  were 
appointed,  and  when  they  had  shouted  themselves 
hoarse  two  sets  of  reports  were  made.  Then  everybody 
for  another  hour  tried  to  make  a  speech,  of  which  the  only 
words  distinguishable  were  "bolting"  and  "treachery." 
No  doubt  there  were  others  which  the  polite  stenographer 
omitted.  But  there  were  wild  accusations  of  every  sort. 
The  men  shouted,  snarled,  sprang  on  their  chairs,  bran- 
dished their  fists,  made  megaphones  of  their  hands,  or  tried 
to  look  oratorical. 

It  was  quite  impossible  to  accomplish  any  business. 
Broderick  merely  sat  like  a  rock,  hardly  looking  to  the 

2^2 


BRODERICK   AND   GWiN 

right  or  the  left,  but  conveying  the  impression  that  so  he 
could  sit  until  the  end  of  time.  The  clergyman  and  trus- 
tees, alarmed  finally  at  the  noise,  entered  and  asked  the 
statesmen  to  leave.  They  were  invited  to  go  about  their 
business.  However,  they  refused  lamps.  Darkness  had 
fallen.  Some  one  produced  two  candles,  lighted  them, 
and  placed  one  in  front  of  each  president.  '■ 

At  nine  o'clock  everybody  was  tired  out.  Both  sides, 
which  had  consistently  opposed  adjournment,  suddenly 
compromised.  The  two  presidents  locked  arms  and  walked 
down  the  center  aisle.  The  candidates  for  the  vice-presi- 
dency followed,  side  by  side;  then  the  delegates,  also 
paired,  joined  the  stately  procession.  The  church  was  re- 
stored to  the  trembling  pastor. 

Really,  women,  when  they  are  sufficiently  enfranchised 
to  hold  conventions,  may  be  no  better  than  men,  but  they 
hardly  can  be  worse. 

■  This  uproar,  part  of  the  time  in  almost  total  darkness, 
had  lasted  five  hours.  Only  once  had  Broderick  been  at- 
tacked personally.  A  man  sprang  to  the  platform  and 
brandished  a  pistol  in  his  face.  "Take  care!"  said 
Broderick.  "Take  care!  That  might  go  off  and  hurt 
somebody."  As  the  man's  jaw  fell  Broderick  gently 
captured  the  pistol  and  placed  it  on  the  table.  His  mere 
personality  had  conquered,  as  often  before,  and  the  man 
slunk  to  the  back  of  the  church. 

The  next  day  the  two  parties  held  separate  conventions 
and  made  their  nominations  for  the  coming  state  elec- 
tions. Both  put  up  strong  men,  and  so  did  the  Whigs. 
On  election  day,  September  6th,  Broderick  once  more  was 
beaten. 

In  San  Francisco  on  that  day  a  characteristic  incident 

233 


CALIFORNIA 

took  place.  There  were  the  usual  bullies  and  fist-fights  at 
the  polls.  Broderick  and  Colonel  Peyton  met  when  about 
to  vote,  and  the  "Chiv,"  already  heated  by  several  alter- 
cations, immediately  burst  into  speech  and  informed  the 
Tammany  man  what  he  thought  of  him.  Finally  Peyton 
made  a  significant  movement  toward  his  hip  pocket. 
Broderick  had  his  right  hand  in  his  overcoat  pocket,  and 
he  fixed  the  temperamental  Southerner  with  his  cold  and 
glittering  eye. 

"Move,  Colonel  Peyton,"  said  he,  "and  you  are  a  dead 
man." 

Peyton  knew  what  that  meant :  Broderick  had  a  der- 
ringer in  his  concealed  hand.  His  own  hand  remained 
suspended.  Broderick  continued  in  those  cold  incisive 
tones  for  which  he  was  famous : 

"There  is  no  need  for  us  to  kill  each  other  or  to  have 
any  personal  difficulty.  Let  us  take  a  boat  out  on  the 
bay  or  a  walk  under  the  trees  and  talk  this  matter  over. 
If  we  cannot  agree  then  I  am  ready  to  fight  to  the  death. 
Come  on." 

Peyton  nodded,  and  the  two  men  walked  out  the  Mis- 
sion road.  When  they  returned  they  were  arm  in  arm. 
And  they  were  friends  for  life.  Possibly  if  Broderick 
had  yielded  oftener  to  the  impulse  to  be  conciliatory  he 
would  have  won  many  supporters  as  well  as  admirers 
from  the  ranks  of  both  the  Whigs  and  the  Chivs. 

Among  Broderick's  followers  were  men  of  the  highest 
probity,  and  one  of  them  finally  remonstrated  with  him 
for  employing  pugilists  and  bullies  to  smround  the  polls. 
"You  respectable  people  I  cannot  depend  upon,"  replied 
the  chief.  "You  won't  go  down  and  face  the  revolvers 
of  the  other  side,  and  I  have  to  take  such  material  as  I 

234 


BRODERICK    AND    GWIN 

can  get  hold  of.  They  stuff  ballot-boxes  and  steal  the 
tally-lists,  and  I  have  to  keep  these  men  to  aid  me." 

Once  more  Broderick  was  undismayed  and  began  to 
lay  a  new  set  of  senatorial  wires.  Gwin,  whose  term 
expired  in  March,  wished  to  succeed  himself.  The 
legislature  convened  in  January.  Broderick  knew  that 
he  cotdd  not  be  elected  by  it,  during  its  first  session  at 
all  events.  But  neither  should  Gwin.  The  great  leader 
of  the  Chivalry  Democrats  had  more  than  a  majority  of 
the  Democratic  members,  but  far  from  a  majority  of  all 
the  members  put  together.  His  only  hope  was  to  induce 
the  Democrats  to  go  into  caucus;  as  the  caucus  nominee 
he  would  be  assured  of  election  as  his  own  successor. 

Broderick  organized  his  forces  and  prevented  the 
caucus.  The  entire  session  was  frittered  away.  At  its 
end  neither  Gwin  nor  any  one  had  been  elected.  Brod- 
erick had  persuaded  a  sufficient  number  of  the  legislators 
that  he  and  his  party  represented  the  genuine  Democracy. 
Gwin  was  far  weaker  than  at  the  beginning  of  the  term. 

But  there  was  another  enemy  in  the  field.  The  Whig 
party  in  the  United  States  had  been  wrecked  by  the  de- 
feat of  Gen.  Winfield  Scott  for  the  Presidency  in  1852. 
Almost  simultaneously  that  party  of  short  but  vigorous 
life  known  first  as  the  American  and  then  as  the  "Know- 
nothing"  party  (owing  to  its  reticence)  sprang  into  exist- 
ence. Its  leading  principles  were  well  enough  known: 
opposition  to  foreigners  and  foreign  immigration  (mean- 
ing principally  the  Irish),  and  to  the  Catholic  Church. 
They  absorbed  the  greater  number  of  the  Whigs  and 
many  of  the  disgruntled  Democrats,  and  in  1854  they 
had  multiplied  in  California.  In  1855  they  held  their 
first  state  convention  in  Sacramento,    After  the  fashion 

235 


CALIFORNIA 

of  political  parties,  they  promised  all  good  things,  and 
nominated  John  Neely  Johnson  for  governor,  Hugh 
Murray  and  David  S.  Terry  for  justices  of  the  Supreme 
Bench.  They  carried  their  ticket  in  September,  and  it 
looked  as  if  the  Broderick  power  was  broken  in  California. 
From  the  following  it  will  be  seen  that  they  used  strong 
language,  but  nothing  else  in  those  days  made  much 
impression: 

Evil  has  followed  evil,  and  calamity  has  followed  calamity,  until 
the  young  state  which  yesterday  filled  the  world  with  renown  to-day 
lies  bankrupt,  crime-ridden,  and  abject. 

Not  that  they  were  so  far  wrong. 

But  Broderick  did  not  know  the  meaning  of  defeat. 
During  the  session  of  1856  he  again  prevented  the  ap- 
pointment of  Gwin's  successor,  as  there  was  no  hope 
during  that  legislature  for  himself.  In  1857  the  Demo- 
crats, imited  against  the  Whigs  and  the  Know-nothings 
and  the  new  RepubHcan  party,  were  once  more  in  power. 
Broderick  had  made  capital  of  every  weak  point,  and 
recaptured  the  recalcitrant  members  of  his  own  party, 
visiting  them  all  over  the  state.  It  was  the  year  of 
the  presidential  election  —  Buchanan  and  Breckinridge 
on  the  Democratic  ticket,  Fremont  and  Dayton  on  the 
Republican,  Fillmore  and  Donaldson  on  the  Know- 
nothing.  Buchanan  and  Breckinridge  were  elected.  The 
other  parties  were  prostrated.  Broderick  ruled  in  Cali- 
fornia. 

But  he  no  longer  purposed  to  be  Gwin's  successor  in 
that  United  States  Senate  of  his  unswerving  ambition. 
Two  years  of  Gwin's  term  were  gone.  Weller's  term 
would  expire  in  March,  1857.  His  successor  would  have 
a  full  term  in  the  Senate. 

i236 


BRODERICK   AND    GWIN 

Nor  would  Broderick  permit  the  legislature  to  act  ac- 
cording to  precedent  and  elect  Gwin's  successor  first. 
He  intended  to  enjoy  this  advantage  himself,  and  then 
indicate  his  confrere  at  his  leisure,  or  when  the  moment 
was  ripe.  He  found  that  he  lacked  two  of  a  majority, 
and  for  these  he  must  recruit  in  the  ranks  of  the  con- 
testing men — Gwin,  Weller,  and  Milton  S.  Latham.  He 
entered  into  a  deal  with  Latham  promising  him  Gwin's 
place  if  he  would  secure  the  needed  number  of  votes. 
The  Democrats  went  into  caucus,  decided  to  waive  prece- 
dent, and  elect  Broderick  for  the  long  term.  On  January 
9th  Broderick  was  elected,  receiving  seventy-nine  votes 
against  seventeen  cast  for  the  Know-nothing  candidate 
and  fourteen  for  the  Republican.  He  had  achieved  his 
ambition,  and  would  leave  California  in  February  to 
take  his  seat  in  the  Senate  of  the  United  States. 

He  was  determined  upon  a  colleague  whom  he  could 
rule.  Latham  was  not  of  a  malleable  disposition.  For 
the  first  and  only  time  in  his  career  Broderick  broke  his 
word.  He  exalted  the  great  national  issue — slavery — 
above  an  election  promise.  Knowing  Gwin's  consuming 
ambition,  he  determined  to  use  it  for  his  own  ends. 
Gwin  cared  more,  he  believed,  for  his  position  as  a  United 
States  Senator  and  his  social  life  in  Washington  than  he 
did  for  abstract  principles  or  even  for  federal  patronage. 
Then  occurred  one  of  the  most  memorable,  not  to  say 
melo-dramatic  incidents  in  California  history. 

The  caucus,  after  ineffectual  balloting  over  Gwin's  suc- 
cessor, adjourned  until  Monday.  Sacramento  snatched 
a  few  hours'  sleep.  Then  they  were  on  the  streets  again, 
men  of  all  parties,  excited,  as  usual,  betting,  arguing;  street- 
comers  blocked,  saloons  packed  with  men  keeping  up  their 

237 


CALIFORNIA 

courage  and  mere  physical  stamina.  On  Sunday  the  ex- 
citement was  at  fever-heat :  Monday  and  the  convening 
of  the  legislatiu-e  seemed  insupportably  remote. 

Gwin  was  staying  at  the  Orleans  Hotel.  At  midnight 
he  enveloped  himself  in  a  long  black  cloak,  pulled  a  black 
slouch-hat  far  down  over  his  face,  and  stole  out  of  the 
back  door  of  his  hotel.  Sacramento  was  poorly  lighted. 
He  found  little  difficulty  in  avoiding  the  groups  "swap- 
ping" stories  of  political  trickeries,  wound  his  tortuous 
way  through  dark  and  narrow  alleys  (full  of  refuse  and 
cats),  and  reached  the  rear  entrance  of  Broderick's  head- 
quarters in  the  Magnolia  Hotel.  A  henchman  of  the 
great  chief  was  waiting  for  the  Old  Roman,  and  escorted 
him  up-stairs.  By  this  time  Broderick's  manners  could 
be  almost  as  good  as  Gwin's,  when  he  chose,  although 
never  as  suave.  He  greeted  his  visitor  with  the  kindly 
courtesy  of  a  monarch  about  to  sign  the  death-warrant, 
bade  him  be  seated,  and  waved  his  minions  from  the  room. 
The  two  were  not  long  coming  to  terms.  Gwin  con- 
sented to  give  up  the  patronage  of  the  Pacific  coast,  and 
Broderick  assured  him  that  he,  and  not  Latham,  should 
accompany  him  to  Washington.  Gwin  then  wrote  the 
document  afterward  to  be  known  as  the  "scarlet  letter," 
and  stole  back  as  he  had  come. 

He  was  elected.  Once  more  Sacramento  and  San 
Francisco  seethed  with  stories  of  political  rottenness  and 
shameful  compacts.  Broderick's  double  triumph  and 
the  haughty  "Chiv's  "  abasement  were  shouted  from  the 
housetops.  But  nothing  could  be  proved  at  that  time. 
Gwin,  upon  his  return  to  San  Francisco,  gave  a  banquet, 
and  many  of  the  invited  declined.  On  the  other  hand, 
Broderick  was  received  with  a  tremendous  ovation.     In 

238 


BRODERICK    AND    GWIN 

matters  of  bribery  and  corruption  you  must  give,  not 
receive. 

The  two  men  went  as  far  as  New  York  together  ami- 
cably enough.  Gwin  hastened  to  Washington  to  whisper 
into  the  presidential  ear  and  rally  his  social  forces  in  the 
Senate.  Broderick  remained  in  his  old  city  for  several 
days,  receiving  another  ovation  from  his  former  political 
associates,  who  were  jubilant  over  their  old  leader's  rapid 
fulfilment  of  his  notorious  ambition. 

In  Washington,  where  he  was  bom,  he  was  received 
like  a  conquering  hero.  He  was  picturesque;  he  came 
to  them  from  the  most  romantic  state  in  the  Union. 
Only  six  years  before  had  he  gone  to  it  a  poor  boy,  and 
in  less  than  a  year  he  had  dominated  it;  he  had  been 
bom  on  the  soil  of  his  ultimate  goal.  No  one  questioned 
that  he  was  a  man  of  extraordinary  abilities,  of  genius. 
Gwin  was  coldly  received.  The  particulars  of  his  deal 
with  the  enemy  were  unknown,  but  rumors  had  preceded 
him.  Broderick  was  the  hero  of  the  hour,  and  Gwin 
took  his  seat  among  averted  faces. 

But  Broderick  was  not  bom  to  a  bed  of  roses.  His 
troubles  at  the  capital  of  the  nation  began  immediately. 
Whether  or  not  Gwin  had  any  intention  of  keeping  his 
midnight  pledges  to  Broderick  in  return  for  the  toga, 
no  one  but  Gwin  himself  ever  knew;  but  it  is  a  mat- 
ter of  history  that  he  had  Buchanan's  ear,  and  that  the 
new  President  took  a  profound  dislike  to  the  indepen- 
dent young  Senator  from  California,  treated  him  with  in- 
sulting coldness,  even  during  his  first  visit  to  the  White 
House,  and  commanded  him  to  put  into  writing  all  his 
requests  for  federal  patronage.  This  was  unprecedented, 
and  Broderick  left  the  Executive's  presence  enraged,  and 
16  239 


CALIFORNIA 

inspired  with  his  first  doubts  of  Gwin's  good  faith.  Of 
course,  he  had  made  the  usual  campaign  promises,  and 
it  was  doubtful  if  he  could  keep  any  of  them.  As  a 
matter  of  fact,  merely  to  save  appearances,  he  received  a 
few  crumbs,  in  themselves  an  insult.  The  whole  loaves, 
as  before,  went  to  Gwin. 

Broderick  became  the  President's  bitterest  enemy  in 
Congress,  although  he  observed  the  etiquette  of  the 
Senate  and  made  no  attempt  to  speak  during  his  first 
session.  He  maintained  a  semblance  of  friendliness  with 
Gwin,  and  told  no  one  of  the  secret  compact.  Not  yet 
was  he  wholly  convinced  of  his  colleague's  treachery, 
nor  was  he  in  the  habit  of  betraying  confidences. 

He  went  to  California  before  the  session  was  finished 
to  look  after  his  political  interests ;  his  enemies  were  active, 
as  usual.  But  he  was  in  his  seat  when  the  Thirty-fifth 
Congress  opened  in  December,  and  the  lid  flew  off  the 
volcano  shortly  afterward. 

The  question  agitating  the  country  was  the  internal 
condition  of  Kansas  and  its  momentous  relationship  to 
the  balance  of  power  between  the  North  and  the  South. 
Kansas  became  a  territory  in  1854.  Stephen  A.  Douglas, 
Senator  from  Illinois,  had  injected  a  clause  into  the  ter- 
ritorial act  providing  that  the  question  of  slavery  in  the 
new  territory  should  be  determined  by  a  vote  of  its 
citizens.  There  was  an  immediate  rush  into  Kansas  of 
emigrants  from  slave  and  free  states,  and  the  result  was 
a  condition  bordering  upon  civil  war.  United  States 
troops  were  called  in  to  preserve  the  peace.  Ultimatelj'' 
two  legislatiu'es  were  chosen.  The  one  representing  anti- 
slavery  was  dispersed  by  the  United  States  marshal  in 
January,    1857.     The    proslavery  legislature  then  con- 

240 


BRODERICK   AND    GWIN 

vened  and  provided  for  a  constitutional  convention, 
which  met  in  September  of  the  same  year  at  Lecompton 
and  framed  a  proslavery  constitution.  The  antislavery 
party  refused  to  vote  for  delegates,  maintaining  that  the 
legislature  which  called  the  convention  was  an  illegal 
body.  Nor  would  they  go  to  the  polls  when  the  con- 
stitutional question  was  submitted  to  the  people.  On 
December  2Sth,  therefore,  that  famous  firebrand  known 
as  the  Lecompton  Constitution  was  elected  by  a  large 
majority.  But  there  had  been,  meanwhile,  another  elec- 
tion and  another  legislature.  This  body  submitted  the 
Lecompton  Constitution  to  the  popular  vote  in  January, 
1858,  and  it  was  rejected  by  a  vast  majority. 

But  when  Kansas  made  her  application  for  statehood 
to  the  Congress  of  1857-58  it  was  with  the  Lecompton 
or  proslavery  constitution  in  her  hand.  Buchanan,  who 
was  a  Northern  man  with  proslavery  sympathies,  fa- 
vored the  constitution  which  would  make  Kansas  a  slave 
state,  and  urged  Congress  to  ratify  it.  The  result  was 
an  immediate  split  in  the  Democratic  party,  Douglas  at 
the  head  of  one  faction,  Buchanan  of  the  other.  The 
Senate  passed  the  bill  with  the  Lecompton  Constitution, 
but  the  House  rejected  it  and  demanded  a  substitute 
bill,  which  the  Senate  rejected.  Ultimately  a  new  bill 
was  adopted  by  both  Houses  which  provided  that  the 
Lecompton  Constitution  should  be  submitted  to  the  peo- 
ple of  Kansas  for  a  third  time.  This  was  done,  and  once 
more  it  was  overwhelmingly  defeated.  That  settled  the 
question  as  far  as  Kansas  was  concerned,  but  the  Demo- 
cratic party  was  now  divided  into  two  factions,  calling 
themselves  Lecomptons  and  anti-Lecomptons.  The  last 
drifted  slowly  toward  the  new  Republican  party. 

241 


CALIFORNIA 

Broderick,  always  opposed  to  slavery,  gave  all  his  sup- 
port toDouglas.  Gwin,  naturally,  came  out  for  the  President. 

It  was  during  the  session  of  1857-58  that  Broderick 
distinguished  himself  and  forced  the  most  indifferent  and 
hostile  to  admit  his  great  abilities  and  recognize  him  as 
one  of  the  inevitable  forces  in  national  affairs.  He  never 
became  a  polished  speaker,  but  he  possessed  a  pointed 
vocabulary  and  a  power  of  invective  that  must  have  made 
the  President  writhe  many  times,  unless,  to  be  sure, 
Presidents  are  case-hardened  long  before  they  reach  the 
4th  of  March.  Broderick  controlled  the  minority,  and 
dictated  the  filibustering  tactics  calculated  most  to  annoy 
the  Executive  as  well  as  the  proslavery  party.  By  this 
time  he  had  done  far  more  than  win  admiration  for  his 
gifts;  he  enjoyed  the  complete  confidence  of  his  own 
faction.  His  poise,  courage,  stable  equilibrium,  and 
power  of  quick  clear  thinking  lifted  him  in  Washington 
as  in  New  York  and  California  to  the  leadership  of  men. 
And  as  a  notable  figure  in  that  greatest  of  all  arenas  he 
soon  attracted  the  attention  of  the  American  people  as  a 
whole.  His  brilliant  arraignments  of  the  President,  the 
public  scalpel  he  applied  to  that  unfortimate  official's 
weak  spots,  delighted  the  enemies  of  the  government  and 
focused  upon  him  the  attention  of  men  of  all  shades  of 
political  opinion.  He  became  known  as  one  of  the 
strongest  and  most  useful — or  most  dangerous — anti- 
slavery  men  in  public  life.  Had  he  been  permitted  to  live 
there  is  little  doubt  that  he  would  have  become  a  candi- 
date for  the  presidency  after  Lincoln's  death;  and  his 
party  by  that  time  was  the  only  one  worth  considering 
in  the  coimtry:  the  anti-Lecomptons  were  then  calling 
themselves  Republicans. 

242 


BRODERICK    AND    GWIN 

Mr.  Jeremiah  Lynch  gives  a  number  of  extracts  from  the 
first  of  Broden'ck's  speeches  which  attracted  wide  atten- 
tion. It  was  also  his  first  long  speech.  The  body  of  it 
was  devoted  to  a  scathing  attack  on  the  President  for 
urging  another  slave  state  upon  Congress.  Then  he  ana- 
lyzed the  slavery  enactments  of  Congress  from  the  Mis- 
souri Compromise  of  1820,  quoting  the  eminent  champions 
on  either  side,  down  to  the  Lecompton  agitation. 

How  foolish  [he  concluded]  for  the  South  to  hope  to  contend  with 
success  in  such  an  encounter!  Slavery  is  old,  decrepit,  consumptive. 
Freedom  is  young,  strong,  vigorous.  The  one  is  naturally  stationary 
and  loves  ease.  The  other  is  migrating  and  enterprising.  .  .  .  They 
say  that  Cotton  is  King.  No  sir.  Gold  is  King!  [He  was  the  first  of  the 
great  modems  to  put  this  painful  fact  into  concrete  form  and  fling  it 
into  the  public  teeth.]  I  represent  a  state  where  labor  is  honorable; 
where  the  judge  has  left  his  bench,  the  lawyer  and  doctor  their  offices, 
and  the  clergyman  his  pulpit,  for  the  purpose  of  delving  into  the  earth; 
where  there  is  no  station  so  high  and  no  position  so  great  that  its 
occupant  is  not  proud  to  boast  that  he  labored  with  his  hands.  [This,  it 
must  be  remembered,  was  flung  into  the  face  of  an  aristocratic  oli- 
garchy.] There  is  no  state  in  the  Union,  no  place  on  earth,  where 
labor  is  so  honored  and  so  well  rewarded;  no  time  and  no  place  since 
the  Almighty  doomed  the  sons  of  Adam  to  toil,  where  the  curse,  if  it 
be  a  curse,  rests  so  lightly  as  now  upon  the  people  of  California. 

Some  haughty  slave-owner  in  a  choleric  moment  had 
applied  the  disagreeable  term  "mud-sills"  to  the  laboring- 
class  of  the  North.  It  may  be  imagined  that  the  growl 
of  the  proletariat  was  deep  and  loud,  and  that  the  anti- 
slavery  leaders  dyed  red  this  rag  of  speech  and  waved 
it  aloft. 

I  suppose  the  Senator  from  South  Carolina  [continued  Broderick, 
alluding  to  the  unhappy  inventor  of  the  classic]  did  not  intend  to  be 
personal  in  his  remarks  to  any  of  his  peers  on  the  floor.  If  I  had 
thought  so  I  would  have  noticed  it  at  that  time.  I  am,  sir,  with  one 
exception  the  youngest  in  years  of  the  Senators  upon  this  floor.  It  is 
not  long  since  I  served  an  apprenticeship  of  five  years  at  one  of  the 

243 


CALIFORNIA 

tnost  laborious  trades  pursued  by  man,  a  trade  that  from  its  nature 
devotes  its  follower  to  thought,  but  debars  him  from  conversation. 
I  would  not  have  alluded  to  this  if  it  were  not  for  the  remarks  of  the 
Senator  from  South  Carolina,  and  that  thousands  who  know  that  I 
am  the  son  of  an  artisan  and  have  been  a  mechanic  would  feel  disap- 
pointed in  me  if  I  did  not  reply  to  him.  I  am  not  proud  of  this.  I 
am  sorry  it  is  true.  I  would  that  I  could  have  enjoyed  the  pleasures 
of  life  in  my  boyhood  days,  but  they  were  denied  me,  I  say  this  with 
pain.  I  have  not  the  admiration  for  the  men  of  that  class  whence  I 
sprang  that  might  be  expected;  they  submit  too  tamely  to  oppression, 
and  are  too  prone  to  neglect  their  rights  and  duties  as  citizens.  But, 
sir,  the  class  of  society  to  whose  toil  I  was  bom,  under  our  form  of 
government,  will  control  the  destinies  of  the  nation.  [Once  more  it 
may  be  pointed  out  that  this  speech  was  made  in  1858,  not  in  19 14]. 
If  I  were  inclined  to  forget  my  connection  with  them,  or  to  deny 
that  I  sprang  from  them,  this  chamber  would  not  be  the  place  in 
which  I  could  do  either.'  While  I  hold  a  seat  here  I  have  but  to  look 
at  the  beautiful  capitals  adorning  the  pilasters  that  support  the  roof 
to  be  reminded  of  my  father's  talent  and  handiwork. 

I  left  the  scenes  of  my  youth  for  the  West  because  I  was  tired  of 
the  jealousies  and  struggles  of  men  of  my  class,  who  could  not  under- 
stand why  one  of  their  fellows  should  seek  to  elevate  his  position  above 
the  common  level.  I  made  my  new  abode  among  strangers  where 
labor  is  honored.  I  had  left  without  regrets.  There  remained  no  tie 
of  blood  to  bind  me  to  any  being  in  existence.  If  I  fell  in  the  struggle 
for  reputation  and  fortune  there  was  no  relative  on  earth  to  mourn  my 
fall. 

Then,  after  a  brief  but  pungent  account  of  his  political 
career  in  California,  he  once  more  paid  his  respects  to  the 
President. 

I  hope,  sir,  that  in  mercy  to  the  boasted  intelligence  of  this  age  the 
historian,  when  writing  of  these  times,  will  ascribe  this  attempt  of  the 
Executive  to  force  this  constitution  on  an  unwiUing  people,  to  the 
fading  intellect,  the  petulant  passion,  and  the  trembling  dotage  of  an 
old  man  on  the  verge  of  the  grave. 

During  this  session  of  Congress  Broderick  secured  the 
passage  of  several  measures  important  to  California, 
energetically  advocating  an  overland  railroad ;  and  if  he 

244 


BRODERICK   AND    GWIN 

could  not  secure  the  federal  plums  for  his  friends,  he  at 
least  managed  to  extract  much  of  their  flavor. 

Gwin  was  seldom  in  his  seat,  Broderick  as  seldom 
absent.  The  junior  Senator  introduced  a  bill  to  decrease 
the  salaries  of  California  officials,  paid  out  of  the  treasury, 
stating  and  proving  that  the  cost  of  living  in  the  new  state 
which  had  been  responsible  for  their  high  salaries  in  the 
beginning  was  now  altogether  normal.  The  bill  passed, 
and  there  was  gnashing  of  teeth  in  the  Virginia  Poor- 
house  and  elsewhere.  Broderick's  enemies  became  bit- 
terer than  ever,  but  he  lost  few  of  his  friends  in  Cali- 
fornia in  spite  of  his  inability  to  keep  his  election  promises. 
When  the  legislatiire  of  California  instructed  her  two 
Senators  in  Washington  to  vote  for  the  Lecompton  con- 
stitution Broderick  put  himself  on  record  without  delay. 

The  resolutions  introduced  by  my  colleague  [he  said]  will  have  no 
influence  upon  my  action  here  now  nor  in  the  future.  I  am  satisfied 
that  four-fifths  of  the  people  in  California  repudiate  the  Lecompton 
fraud. 

When  he  returned  to  California  he  found  that  his  anti- 
slavery  principles,  avowed  in  the  Senate  of  the  United 
States,  had  cost  him  his  Southern  following  in  the  Demo- 
cratic party,  and  that  even  his  Northern  friends  were 
inclined  to  think  him  premature  in  his  belief  that  war 
between  the  two  factions  was  inevitable.  And  this  was 
only  three  years  before  the  war ! 

During  this  interval  between  sessions  Broderick  left 
politics  alone,  made  money  in  real  estate,  and  qualified 
at  the  bar.  Nevertheless,  a  disturbing  incident  happened. 
He  had  confided  to  W.  I.  Ferguson,  the  intermediary  who 
arranged  the  midnight  interview  between  himself  and 
Gwin,  that  compromising  sheet  soon  to  be  known  as  the 

245 


CALIFORNIA 

"scarlet  letter."  Few  people  knew  of  its  existence. 
Ferguson  was  what  used  to  be  known  as  a  young  man  of 
brilliant  parts.  He  was  making  a  career  for  himself  and 
had  attracted  attention  by  a  speech  in  the  antagonistic 
legislature  of  1858  in  favor  of  Douglas  and  Broderick, 
scoring  the  President.  Soon  after,  while  in  San  Francisco, 
a  Buchanan  Democrat  involved  him  in  a  political  dispute 
— no  difficult  matter  in  those  days — ^and  challenged  him 
to  a  duel.  Ferguson  imderstood;  he  was  to  be  killed  as 
a  warning  to  Broderick  and  because  the  enemy  was 
determined  to  obtain  possession  of  the  letter.  His  antag- 
onist was  a  practised  duelist.  He  was  a  novice.  He 
confided  the  letter  to  another  friend  of  Broderick's  and 
went  out  to  be  shot.     Four  balls  ended  his  career. 

The  Southern  element  that  controlled  the  President 
was  opposed  to  an  overland  railroad,  as  it  would  terminate 
on  free  soil.  If  the  road  must  be  built,  then  they  de- 
manded that  it  lie  below  the  parallel  36°  30',  that  line  being 
the  accepted  division  between  slavery  and  freedom  in  the 
Western  states  and  territories.  Moreover,  it  must  stop 
at  California's  state  line;  if  the  Calif omians  wished  to 
extend  it  to  San  Francisco  they  could  build  the  extra 
five  himdred  miles  themselves.  But  far  better  no  railroad 
at  all. 

Broderick  was  the  first  to  advocate  the  forty-first  par- 
allel, and  he  was  one  of  the  most  energetic  advocates  of 
building  a  railroad  at  once  to  connect  the  two  oceans* 
When  he  returned  to  Washington  for  the  last  time  he 
traveled  overland  by  the  new  stage  route.  It  was  a  jour- 
ney of  forty-seven  days  to  St.  Joseph,  and  at  every  city 
and  hamlet  Broderick  not  only  learned  that  the  demand 
for  a  railroad  was  practically  unanimous,  but  that  the 

246 


BRODERICK   AND    GWIN 

country  relied  upon  him  to  carry  this  great  project  through. 
He  was  thus  enabled  to  speak  in  the  Senate  with  first- 
hand knowledge.  As  a  direct  result  he  was  dropped 
from  the  Committee  on  Public  Lands,  and  his  enemies 
were  more  definitely  arrayed  against  him  than  before; 
they  also  had  increased  in  numbers. 

He  was  opposed  in  every  niewspaper,  insulted  at  every 
turn,  baited,  derided,  made  to  feel  that  he  stood  alone 
with  his  back  to  the  wall.  Not  for  nothing  might  a 
yovmg  Senator  from  a  far  Western  state  dare  to  oppose 
slavery,  advocate  free  labor,  denounce  corrupt  Indian 
agents,  jobbery  by  postmasters  and  revenue  collectors, 
demand  a  reform  and  retrenchment  in  public  affairs,  and 
propose  a  transcontinental  railway  in  the  teeth  of  feudal 
lords  who  knew  the  value  of  slow  communication  and 
painful  costly  travel. 

In  California  the  federal  and  state  officials  combined 
to  drag  him  down.  He  was  a  dangerous  man,  therefore 
a  marked  man.  Besides,  too  much  success  through  per- 
sonal effort  always  goes  against  the  grain.  More  and 
more  were  the  enemies'  ranks  recruited.  In  Washington 
even  Douglas  was  afraid  to  stand  by  him  openly,  fearing 
for  his  own  political  fortunes.  Probably  no  man  of  high 
ability  has  ever  stood  so  completely  alone  in  the  United 
States  Senate. .  He  knew  the  fearful  odds  against  him, 
that  a  combination  was  forming  to  force  him  out  of  polit- 
ical life,  by  men  that  had  perfect  faith  in  the  continued 
power  of  the  Southern  faction — if  not  too  severely  threat- 
ened by  such  men  as  Broderick — but  who  hated  him  with 
a  hatred  bom  of  fear  not  only  personal,  but  of  the  rising 
Republican  party,  to  which  Broderick  in  all  but  name 
now  belonged.     It  is  possible  that  he  forecast  his  death 

247 


CALIFORNIA 

even  before  there  was  a  definite  plot  to  kill  him.  Living, 
he  would  have  fought  on  without  quailing,  and,  as  events 
shaped,  would  have  seen  his  principles  win  and  no  doubt 
have  achieved  his  highest  ambitions.  He  brushed  several 
attempts  to  challenge  him  contemptuously  aside,  but  he 
knew  that  sooner  or  later  he  must  fight  to  the  death. 


XVII 

THE    BRODERICK-TERRY   DUEL 

In  1859,  after  the  adjournment  of  Congress,  Gwin 
and  Broderick  hastened  to  California,  the  junior  Senator 
to  rally  the  state  to  the  anti-Lecompton  standard,  the 
older  and  more  subtle  man  to  win  it  to  the  support  of 
Lecomptonism  and  the  administration. 

There  were  tremendous  Lecompton  and  anti-Lecomp- 
ton meetings  all  over  the  state,  and  Broderick  took  the 
stump  for  the  first  time.  Horace  Greeley,  visiting  Cali- 
fornia during  this  agitation,  advised  the  anti-Lecomp- 
tonites  to  join  forces  with  the  new  Republican  party  and 
against  proslavery  Democracy.  Broderick  called  him- 
self a  Democrat  tmtil  the  day  of  his  death;  but,  although 
he  did  not  live  to  see  the  fusion  accomplished,  he  must 
stand  in  the  history  of  California  as  the  first  great  Re- 
publican of  the  state. 

It  was  a  season  of  uncommon  political  excitement,  not 
only  because  men  were  involved.  The  slavery  question, 
pro  and  anti,  was  reaching  its  acute  stage  even  in  Cali- 
fornia. But  the  sensation  of  the  campaign  was  Brod- 
erick's  long  -  reserved  opinion  of  Gwin.  He  denounced 
him  with  a  cold  fury  of  invective  never  surpassed  by  him- 
self. At  Shasta  he  read  aloud  from  the  platform  the 
"scarlet  letter,"  and  gave  it  to  the  press.     Here  it  is: 

249 


CALIFORNIA 

Sacramento  City,  January  ii,  1857. 
Hon.  D.  C.  Broderick. 

Dear  Sir, — I  am  likely  to  be  the  victim  of  unparalleled  treachery 
of  those  who  have  been  placed  in  power  by  my  aid  and  exertion. 

The  most  potential  portion  of  the  federal  patronage  is  in  the 
hands  of  those  who,  by  every  principle  that  should  govern  men  of 
honor,  should  be  my  supporters  instead  of  my  enemies,  and  it  is  being 
used  for  my  destruction.  My  participation  in  the  distribution  in  this 
patronage  has  been  the  source  of  numberless  slanders  upon  me  that 
have  fostered  a  prejudice  in  the  public  mind  against  me  and  have 
created  enmities  that  have  been  destructive  to  my  happiness  for 
years.  It  has  entailed  untold  evils  upon  me,  and  while  in  the  Senate 
I  will  not  recommend  a  single  individual  to  appointment  to  office  in 
the  state.  Provided  I  am  elected,  you  shall  have  the  exclusive  control 
of  this  patronage,  so  far  as  I  am  concerned;  and  in  its  distribution  I 
shall  only  ask  that  it  may  be  used  with  magnanimity,  and  not  for  the 
advantage  of  those  who  have  been  our  mutual  enemies  and  unwearied 
in  their  efforts  to  destroy  us. 

This  determination  is  unalterable;  and  in  making  this  declaration 
I  do  not  expect  you  to  support  me  for  that  reason,  or  in  any  way  to 
be  governed  by  it;  but,  as  I  have  been  betrayed  by  those  who  should 
have  been  my  friends,  I  am  in  a  measure  powerless  and  depend  upon 
your  magnanimity. 

Very  respectfully,  your  obedient  servant, 

Wm.  M.  Gwin. 

In  spite  of  verbiage  and  pretense  there  was  no  mistak- 
ing the  real  character  of  this  letter.  Moreover,  it  was 
equally  obvious  that  Gwin  had  not  kept  his  part  of  the 
shameful  bargain.  He  took  to  the  stump  himself  and 
denounced  the  letter  as  a  "cowardly  lie."  But  if  any 
one  doubted  its  authorship  or  that  Ferguson  had  been 
killed  to  get  possession  of  it,  uncertainty  vanished  after 
hearing  the  two  men  speak.  Gwin  had  little  power  of 
oratory,  even  of  the  old-fashioned  sort,  and  he  lacked  the 
force  in  speaking  that  carries  conviction;  in  this  case  he 
lacked  the  righteous  indignation.  Broderick,  cold,  im- 
placable, rarely  indulging  in  gestures  or  play  of  facial 

250 


THE    BRODERICK-TERRY    DUEL 

muscle,  and  with  a  ringing  sledge-hammer  logic,  never 
failed  to  convince  people  of  his  sincerity,  however  much 
he  might  antagonize  or  even  infuriate. 

He  knew  that  his  death  must  have  been  resolved  upon, 
and  he  expected  a  challenge  from  Gwin.  But  either  the 
stately  Southern  Senator  moved  too  slowly  or  it  was  agreed 
in  council  that  the  honor  should  be  relegated  to  another. 

David  S.  Terry,  who  so  narrowly  escaped  leaving  Fort 
Gunnybags  by  the  second-story  window,  could  be  trusted 
to  spout  fire  upon  a  moment's  notice.  He  was  a  violent 
proslavery  man  and  Lecompton  Democrat  (the  Know- 
nothing  party  being  defunct),  and  had  always  been 
among  the  most  fervent  of  Broderick's  political  oppo- 
nents. At  one  time  the  two  men  must  have  been  personal 
friends,  for  when  Terry  was  incarcerated  by  the  Vigilance 
Committee  Broderick  supported  newspapers  in  his  de- 
fense. But  that  was  as  long  ago  as  1856.  Three  whole 
years  had  passed.  For  San  Francisco  and  the  fifties  that 
was  a  generation. 

In  1859  he  was  a  candidate  for  renomination  to  the 
Supreme  Bench.  Before  the  convention  he  delivered 
himself  of  his  present  opinion  of  the  jimiorSenator  from 
California. 

They — ^the  anti-Lecompton  party — are  a  miserable  remnant  of  a 
faction  sailing  under  false  colors,  trying  to  obtain  votes  under  false 
pretenses.  They  are  the  followers  of  one  man,  the  personal  chattels 
of  a  single  individual  whom  they  are  ashamed  of.  They  belong  heart 
and  soul,  body  and  breeches,  to  David  C.  Broderick.  They  are  yet 
ashamed  to  acknowledge  their  master  and  are  calling  themselves,  for- 
sooth, Douglas  Democrats,  when  it  is  known  that  the  gallant  Senator 
from  Illinois  has  no  affiliation  with  them.  Perhaps,  Mr.  President,  I 
am  mistaken  in  denying  their  right  to  claim  Douglas  as  their  leader, 
but  it  is  the  barmer  of  the  black  Douglas,  whose  name  is  Frederick, 
not  Stephen, 

251 


CALIFORNIA 

Broderick  did  not  like  this  speech.  Personally,  I  never 
read  anything  more  childish,  but  it  is  truly  said  that  no 
man  is  sane  during  a  political  campaign;  which  means, 
no  doubt,  that  the  blood — poisoned  blood,  at  that — is  in 
the  head  all  the  time.  A  few  days  later  Broderick  was 
breakfasting  at  the  International  Hotel  in  San  Francisco, 
surrounded  by  a  number  of  people.  He  suddenly  turned 
to  a  man  named  Perley  and  said,  biting  out  his  words: 

"I  see  that  your  friend  Terry  has  been  abusing  me  in 
Sacramento." 

"Ah?"  said  Perley.     "How  so?" 

Then  Broderick,  whose  magnificent  self-control  had 
been  strained  to  the  breaking-point  by  the  long  campaign 
in  the  face  of  almost  certain  defeat,  burst  forth: 

"The  miserable  wretch,  after  being  kicked  out  of  the 
convention,  went  down  there  and  made  a  speech  abusing 
me.  I  paid  and  supported  three  newspapers  to  defend 
him  during  the  Vigilance  Committee  days,  and  this  is  all 
the  gratitude  I  get  from  the  miserable  wretch.  I  have 
hitherto  spoken  of  him  as  an  honest  man — as  the  only 
honest  man  on  the  bench  of  a  corrupt  Supreme  Court, 
but  now  I  find  I  was  mistaken ;  I  take  it  all  back.  He  is 
just  as  bad  as  the  others." 

Perley  said  he  should  inform  Terry  of  the  language  that 
so  neatly  summed  him  up,  and  Broderick  told  him  to 
carry  his  news  as  quickly  as  possible.  But  Perley,  who 
saw  a  chance  here  to  swing  his  little  name  before  the 
public  camera,  promptly  challenged  Broderick  to  a  duel. 
No  reply  could  be  more  insulting.  Broderick  sent  him 
word  that  if  he  should  be  compelled  to  accept  a  challenge 
it  would  be  from  some  one  of  his  own  importance  and 
responsibility.     That  disposed  of  Perley,  but  Broderick's 

252 


DAVID   C.    BRODERICK 


COI..    E.    D.    BAKER 


DAVID    S.    TERRY 


WILLIAM    M.    GWIN 


THE    BRODERICK-TERRY    DUEL 

recklessness  was  due  not  only  to  the  certainty  that  his  life 
was  sought,  and  to  the  desire  to  have  the  crisis  come  and 
be  done  with:  his  health  was  almost  shattered.  The 
mental  and  physical  strain  of  the  campaign  had  been 
terrific,  and,  moreover,  he  had  a  heavy  and  persistent 
cold.  His  friends  should  have  put  him  to  bed;  but 
Broderick,  no  doubt,  like  other  men,  was  a  fractious 
child  where  his  health  was  concerned,  and  willing  to  send 
for  a  doctor  only  when  in  a  state  of  collapse. 

The  following  extract — apropos  of  Broderick's  refusal 
to  fight  Perley — from  a  San  Francisco  newspaper,  may 
be  taken  as  significant  of  the  general  understanding  that 
Broderick's  enemies  had  resolved  to  eliminate  him,  and 
of  the  matter-of-fact  acceptance  of  the  methods  of  the  day : 

For  refusing  to  fight  a  duel  under  the  circumstances  the  large  masses 
of  the  people  will  honor  David  C.  Broderick.  The  belief  is  quite  gen- 
eral that  there  are  certain  political  opponents  of  his  who  long  for  a 
chance  to  shoot  him,  either  in  a  fair  or  unfair  fight,  and  that  efforts 
would  be  made  sooner  or  later  to  involve  him  in  a  personal  difficulty. 
It  is  wisdom  on  his  part  to  avoid  the  traps  set  for  him  and  thus  defeat 
all  the  plans  of  those  in  whose  path  he  happens  just  now  to  stand. 
His  seat  in  the  Senate  would  be  quite  acceptable  to  a  number  of 
gentlemen  of  this  state.  The  people  of  California  ought  to  manifest 
in  a  manner  not  to  be  mistaken  their  approval  of  the  conduct  of  a 
public  man  who  exhibits  courage  to  refuse  on  any  ground  to  accept 
a  challenge. 

Terry,  knowing  that  Broderick  would  not  consider  a 
challenge  during  the  campaign,  and  finding  no  oppor- 
tunity for  a  fierce  personal  encoimter  in  which  his  ready 
knife  could  do  the  deadly  work  with  neatness  and  de- 
spatch, held  his  peace  until  after  election  day,  September 
7th.  His  duration  of  office  would  expire  with  the  year. 
He  failed  of  re-election,  and  immediately  sent  his  resigna- 
tion to  the  governor,  left  Sacramento  for  Oakland,  and 

253 


CALIFORNIA 

entered  at  once  into  the  correspondence  with  Broderick 
that  terminated  in  the  long-expected  duel.  Broderick  was 
staying  at  the  house  of  a  friend  at  Black  Point,  almost  in 
a  state  of  collapse,  and  undoubtedly  in  the  first  stages  of 
pneumonia.  His  friends,  instead  of  permitting  him  to 
rest  until  the  last  minute,  routed  him  out  at  midnight 
on  the  loth  and  drove  him  into  the  city  to  be  presented 
with  the  cartel.  Calhoun  Benham  and  Thomas  Hayes 
were  the  seconds  chosen  by  Terry;  David  D.  Colton  and 
Joseph  C.  McKibben  acted  for  Broderick. 

Broderick's  seconds,  exercising  their  privilege,  chose 
pistols.  The  principals  were  to  stand  ten  paces  apart, 
facing  each  other,  the  pistols  to  be  held  with  the  muzzles 
pointed  downward  until  the  signal  was  given  to  fire. 
Broderick  was  one  of  the  best  shots  in  the  state,  but  with 
the  long  heavy  dueling-pistol  then  in  common  use.  His 
seconds  might  have  been  in  league  with  the  enemy,  so 
little  did  they  watch  his  interests.  They  permitted 
themselves  to  be  persuaded  to  accept  a  pair  of  famous 
dueling-pistols  of  Belgian  make  and  of  well-known 
idiosyncrasies,  which  belonged  to  a  friend  of  Terry's, 
Dr.  Aylette,  of  Stockton.  As  a  matter  of  fact,  it  trans- 
pired afterward  that  Terry  had  practised  with  these 
pistols  during  the  interval  between  his  provocative  speech 
in  June  and  the  challenge  in  September. 

Broderick  was  a  large  man  with  a  large  hand,  and  the 
Aylette  pistols  were  very  small,  with  a  hair-trigger.  It  is 
not  even  certain  that  his  seconds  told  him  of  the  sort  of 
pistol  with  which  he  would  defend  his  life.  However,  it  is 
possible  that  he  was  too  much  absorbed  during  the  time 
that  remained  to  him  to  pay  any  attention  to  the  details 
of  the  meeting.     He  roused  himself  from  his  lethargy  and 

254 


THE    BRODERICK-TERRY    DUEL 

put  his  affairs  in  order,  seemingly  convinced  that  he  had 
come  to  the  end  of  his  days. 

It  would  have  been  possible  also  for  Broderick's  sec- 
onds, on  a  doctor's  certificate,  to  have  postponed  the  duel 
until  he  had  recovered  his  usual  alertness  of  mind  and 
steadiness  of  hand,  but  they  did  nothing  of  the  sort. 
Perhaps  they  were  merely  fatalists;  perhaps,  like  so  many 
others,  they  were  eager  for  the  dramatic  finale  of  the  great 
political  drama.  The  meeting  was  arranged  for  half  past 
five  on  Monday  morning,  September  12th,  but  was  in- 
terrupted by  some  legal  forrnality  and  postponed  until 
the  following  morning  at  the  same  time.  The  night  be- 
fore, in  place  of  permitting  Broderick  to  sleep  comfort- 
ably in  his  bed,  Messrs.  Colton  and  McEabben  drove  him 
in  a  lumbering  hack  to  a  road-house  on  the  old  Mission 
road  several  miles  from  both  town  and  the  rendezvous. 
There  they  slept  in  one  room  on  cots  or  in  bunks,  and  on 
mattresses  stuffed  with  "pulu,"  a  Hawaiian  vegetable  be- 
loved of  wayside  shacks  and  invariably  infested  with  ver- 
min. Nights  in  San  Francisco,  or  close  to  the  sea  in  any 
part  of  central  California,  are  cold  and  often  raw.  The 
coverings  were  scanty,  and  between  chilly  and  the  battalions 
that  promptly  deserted  the  pulu,  no  one  closed  his  eyes. 
They  rose  at  five  and  were  unable  to  obtain  even  a  cup 
of  coffee.  Shivering  in  their  overcoats,  and  depressed 
as  only  men  can  be  before  breakfast,  they  entered  the 
hack  and  were  jolted  over  the  sand-dunes  to  the  dueling- 
ground  on  the  shores  of  Lake  Merced.  Terry  and  his 
seconds,  who  had  slept  comfortably  in  a  farm-house  near 
by  and  eaten  a  good  breakfast,  were  already  on  the 
ground. 

It  was  a  dismal  spot.  The  fog  was  drifting  over  the 
17  255 


CALIFORNIA 

bare  ugly  hills,  the  gray  sea  was  booming  in  its  heavy 
sullen  fashion;  but  the  hills  were  covered  with  people, 
and  several  other  hacks  stood  beside  the  lake.  The  un- 
asked witnesses  to  this  most  famous  of  California's  duels 
bored  people  for  the  rest  of  their  lives. 

According  to  Article  7  of  the  dueling-code  Broderick, 
who  had  brought  a  brace  of  pistols  along,  might  have 
been  favored  by  chance  if  his  seconds  had  demanded  that 
a  coin  be  tossed  to  determine  the  choice  of  weapons. 
But  they  did  nothing  of  the  sort,  and  even  when  the  little 
Belgian  pistols  were  handed  to  McKibben  he  merely 
snapped  a  cap  on  the  one  Terry  was  to  use  and  said, 
"All  right."  The  armorer  then  inspected  the  two  and 
pronounced  them  in  perfect  condition,  bi4t  told  Colton 
and  McKibben  that  the  one  allotted  to  their  principal 
was  lighter  on  the  trigger  than  the  other.  At  the  inquest 
he  testified  that  the  one  intended  for  Broderick  was  so 
delicate  that  it  wotild  explode  by  a  sudden  jar  or  move- 
ment. 

Broderick  turned  the  little  pistol  over  and  over  in  his 
big  hand.  Then  he  turned  to  his  friend  Elliot  More, 
who  stood  beside  him  until  he  took  his  position,  and  said 
contemptuously : 

' '  My  seconds  are  children.  As  likely  as  not  they  have 
traded  away  my  Hfe." 

The  principals  were  told  to  take  off  their  overcoats — 
the  seconds  had  talked  until  nearly  seven  o'clock.  They 
obeyed  and  revealed  themselves  in  the  formal  dueling- 
costume  of  the  day:  full  black  suits,  the  frock  coat  tight- 
ly buttoned,  and  no  collars.  Broderick  wore  a  soft  hat 
pulled  low  over  his  eyes.  Both  were  felt  over  for  possible 
suits   of  mail.      Broderick's  pistol  was  loaded   by  the 

256 


THE    BRODERICK-TERRY   DUEL 

armorer;  Terry's  by  S.  A.  Brooks,  a  well-known  Chivalry 
Democrat  and  relative  of  the  powerful  Crittenden  and 
Thornton  factions. 

Terry  and  Broderiek  were  fine  specimens  of  men, 
tall,  upstanding,  Broderiek  the  more  massive  of  the  two, 
Terry  the  more  agile  and  wiry.  Both  were  in  the  prime 
of  life,  but  neither  could  be  adjudged  handsome  by  any 
standard.  Broderiek 's  powerful  prehistoric  face  was 
the  more  honest,  however,  for  Terry's  mild  amiable  vis- 
age belied  the  hot  temper  and  deadly  purposes  of  the 
man. 

Terry,  whose  favorite  weapon  was  the  knife,  was 
noticeably  nervous  before  the  two  men  advanced  to 
position;  but  Benham  whispered,  it  is  assumed,  the  en- 
couraging information  that  his  was  the  best  pistol,  for 
he  immediately  threw  back  his  head  and  looked  as  if 
about  to  hum  a  time.  Broderiek,  who  had  been  cool  and 
collected  throughout  this  long  ordeal,  in  spite  of  his 
physical  condition,  seemed  to  lose  some  of  his  famous 
nerve,  as  he  once  more  turned  the  little  pistol  over  in  his 
hand.  Moreover,  he  had  barely  contained  his  rage  at 
the  thoroughness  of  Benham's  exploration  in  search  of  a 
coat  of  mail.  McKibben  merely  had  tapped  Terry;  but 
Broderiek,  whose  coiurage  never  had  been  called  into  ques- 
tion, was  subjected  to  an  insulting  examination.  Cer- 
tainly the  fates  were  obsessed  in  favor  of  Terry. 

The  men  stood  in  position,  ten  paces  apart.  Broder- 
iek, upon  whom  apathy  seemed  to  have  descended  again, 
and  who  was  staring  at  the  tiny  weapon  in  his  hand, 
projected  his  body  in  such  a  manner  as  to  offer  a  fair 
mark.  His  seconds  might  have  insisted  upon  his  plant- 
ing himself  squarely,  but  they  merely  informed  him  that 

257 


CALIFORNIA 

he  was  slightly  out  of  line.  It  is  doubtful  if  he  heard 
them.     Colton  asked: 

"Gentlemen,  are  you  ready?" 

Broderick  adjusted  the  weapon  between  his  big  fingers 
and  nodded.     Terry  replied  promptly: 

"Ready." 

The  duelists  held  their  pistols  vertically  at  their  sides. 
Colton  enunciated  slowly,  "One,  two,  three — "  The 
men  raised  their  pistols  at  the  word  "One."  Broderick's 
pistol  went  off  and  hit  the  ground.  Terry  fired  before 
Colton  had  time  to  drawl  out  "Two,"  and  hit  Broderick  in 
the  right  breast,  penetrating  the  lung.  The  hair-trigger 
pistol,  light  at  that,  had  done  what  was  to  be  expected 
in  the  unaccustomed  hand,  and  Terry  had  taken  an  im- 
mediate advantage.  Broderick  raised  both  his  arms, 
looked  out  at  the  heavy  dull  waves  of  the  Pacific,  which 
he  had  crossed  with  such  enthusiasm  ten  years  before, 
shuddered,  and  dropped  the  pistol.  But  he  stood  upright 
for  a  few  seconds  longer ;  then  a  powerful  tremor  convulsed 
his  body,  and  he  sank  literally  by  inches,  as  if  his  will  were 
protesting  to  the  last.  But  when  his  friends  reached 
him  he  lay  in  a  heap.  Terry  stood  with  folded  arms  as 
Broderick's  surgeon  and  seconds  examined  the  fallen 
man.  It  was  several  moments  before  Terry  was  per- 
suaded that  he  could  not  have  another  shot  at  his  ad- 
versary. "I  hit  too  far  out,"  he  said,  discontentedly, 
demonstrating  that  he  had  shot  to  kill  and  would  not  be 
balked.  But  he  was  finally  convinced  that  Broderick 
was  mortally  wounded,  and  left  the  field. 

Broderick's  surgeon  lost  his  head,  and  nothing  was  done 
to  relieve  the  dying  man  until  Terry's  surgeon  volunteered 
his  services.    Then  Broderick  was  put  into  the  same  old 

258 


THE    BRODERICK-TERRY    DUEL 

lumbering  hack  in  which  he  had  suffered  tortures  already, 
and  jolted  out  to  Black  Point.  His  friend  Colonel  Baker 
hastened  to  his  side  as  soon  as  the  news  of  the  duel  and 
its  fatal  termination  flew  over  the  town;  and  Broderick, 
with  the  blood  gushing  again  from  the  wound,  managed 
to  gasp  out,  "Baker,  when  I  was  struck  I  tried  to  stand 
firm,  but  the  blow  blinded  me  and  I  could  not."  It  is 
no  wonder  that  the  world  loves  the  brave  and  forgives 
them  all  their  sins. 

He  lived  for  three  days,  chloroform  relieving  him  of 
some  hours  of  suffering.  In  his  delirium  he  revealed 
plainly  that  he  had  known  all  along  he  was  being  hunted 
to  death ;  but  as  often  he  talked  of  the  slave  power,  against 
which  he  had  pitted  all  the  great  resources  of  his  mind, 
and  for  which  he  was  to  die. 

"They  have  killed  me  because  I  was  opposed  to  a 
corrupt  administration,"  he  muttered  again  and  again. 
"A  corrupt  administration  and  the  extension  of  slavery." 

Some  of  the  newspapers  had  the  courage  to  express  the 
sentiments  of  a  community  almost  as  outraged  as  at  the 
miu-der  of  James  King  of  Wm. 

What  has  this  man  done  that  he  should  be  hunted  and  abused? 
[asked  one].  Wherein  was  his  offense  against  the  land  or  the  nation? 
What  law  of  morality  or  religion  did  he  violate?  What  treason  did 
he  commit  against  his  country?  What  widow  did  he  wrong?  What 
orphan  did  he  defraud?  What  act  of  his  in  an  official  capacity  ever 
stained  his  hand?    What  was  his  crime? 

But  Broderick  knew  that  the  legislature  was  composed 
of  his  enemies,  and  he  murmured  as  he  sank  into  un- 
consciousness: "I  die.     Protect  my  honor." 

He  expired  on  Friday  morning,  September  i6,  1859. 
That  Friday  is  said  to  have  been  the  gloomiest  in  the 
history  of  San  Francisco.     There  was  no  excitement,  for 

259 


CALIFORNIA 

the  duel  had  been  anticipated  for  months,  and  Broderick's 
death  for  three  days.  But  the  bankers,  the  merchants, 
and  all  the  shopkeepers  closed  their  doors  and  draped 
them  with  cr^pe  or  black  cloth.  The  crowds,  as  the  body 
of  Broderick  was  carried  past  on  its  way  to  the  Union 
Hotel,  on  the  comer  of  Merchant  and  Kearney  streets, 
looked  terrified  and  spoke  only  in  whispers,  as  if  fearful 
that  this  time  their  city  had  been  cursed  by  the  powers 
above.  Night  and  day  there  was  a  procession  past  the 
bier  where  the  face  of  the  dead  man  was  exposed. 

The  funeral  took  place  on  Saturday.  The  casket  lay 
on  a  catafalque  in  the  middle  of  the  Plaza;  and  before 
some  thirty  thousand  people  Colonel  Baker  pronounced 
the  funeral  oration,  a  superb  flight  of  oratory  according 
to  the  standards  of  the  day.  After  this  ceremony  the 
funeral  procession,  accompanied  by  almost  the  entire 
male  population  of  San  Francisco,  took  its  slow  way  out 
to  Lone  Mountain — where  so  many  famous  San  Francis- 
cans were  to  join  Broderick,  and  where  so  much  of 
San  Francisco  history  seems  crowded  into  a  final  chapter. 

Broderick  had  his  posthumous  compensations,  for  not 
only  was  he  venerated  as  a  martyr  in  the  greatest  cause 
before  the  nation,  but  what  influence  he  had  lost  during 
his  last  bitter  struggle  in  California  he  regained  in  death. 
His  party  two  years  later  swept  back  into  power,  their 
talisman  the  name  of  their  lost  leader,  and  the  "Chivs" 
were  routed  for  good  and  all.  The  Southerners  had 
triumphed  for  the  last  time  in  California  when  they 
broke  Broderick's  heart  and  sent  his  body  to  Lone 
Mountain.  The  Civil  War  disposed  of  them  as  effectually 
as  if  California  had  returned  tc  her  old  tricks  and  swal- 
lowed them  up. 

26<3 


THE    BRODERICK-TERRY    DUEL 

As  for  Terry,  although  his  trial  was  a  farce,  he  expiated 
his  sin  so  heavily  that  he  demands  a  certain  measure  of 
sympathy.  One  must  remember  that  he  was  a  child 
of  his  times,  poisoned  with  political  bitternesses,  and  no 
more  sensible  of  committing  murder  by  dueling  than  by 
sending  a  criminal  to  the  scaffold.  He  was  a  brave 
man,  and  willing  to  take  his  chances;  and  Broderick's 
death  put  an  end  to  what  ambitions  he  may  have 
cherished.  He  never  was  elected  to  the  Supreme  Bench 
again;  and  although  he  continued  to  practise  law  in 
California,  his  position  as  a  first-rate  man  had  gone  for 
ever.  In  the  revolution  of  political  feeling  that  began 
with  Broderick's  death  and  culminated  when  the  next 
legislature  expunged  from  its  records  the  resolutions  of 
censure  compassed  by  his  enemies,  Terry  came  to  be  re- 
garded more  and  more  as  a  pariah,  and  what  had  promised 
to  be  one  of  the  most  brilliant  careers  in  California  was 
over. 

During  the  '80 's  he  took  the  case  of  an  adventuress 
named  Sarah  Althea  Hill,  who  claimed  to  have  made  a 
contract  marriage  with  William  Sharon,  then  one  of  the 
city's  leading  millionaires.  The  case  was  lost,  but  he 
married  the  lady  himself.  In  the  legal  tangle  that  en- 
sued Mrs.  Terry  appeared  before  Stephen  J.  Field,  Asso- 
ciate Justice  of  the  Supreme  Court  of  the  United  States. 
Judge  Field  ruled  unfavorably  to  Mrs.  Terry,  who  sprang 
to  her  feet  and  screamed  out  her  unfavorable  opinion  of 
the  justice.  He  ordered  her  removed  from  the  court- 
room; and  Terry,  whose  self-control  had  not  improved 
with  the  years  and  the  frowns  of  society,  drew  his  knife 
and  attacked  the  bailiffs.  He  was  overpowered,  and  both 
he  and  his  wife  were  sentenced  to  short  terms  in  jail, 

261 


CALIFORNIA 

Terry  emerged  vowing  vengeance  on  Judge  Field. 
As  he  was  not  a  man  whose  animosities  burned  out,  but 
rather  more  fiercely  for  smoldering,  the  justice  never 
appeared  in  the  West  again  save  in  the  company  of  a 
guard  employed  by  the  government.  On  the  15th  of 
August,  1899,  Judge  Field  and  his  guard,  a  man  named 
Neagle,  while  on  their  way  from  Los  Angeles  to  San 
Francisco,  were  obliged  to  leave  the  train  for  lunch  at 
Lathrop,  one  of  those  dreary,  dirty,  fly-ridden  eating- 
houses  which  still  disgrace  the  West.  Terry,  with  his 
wife,  was  on  the  same  train,  and  when  he  entered  the 
restaurant  and  saw  Judge  Field  the  blood  flew  to  his 
head.  He  managed  to  control  himself  for  a  few  moments, 
then  sprang  abruptly  from  his  seat,  and,  approaching 
Judge  Field  from  behind,  slapped  the  esteemed  justice 
in  the  face.  The  sequel  did  not  consume  a  moment. 
The  guard  leaped  to  his  feet  and  shot  Terry  dead.  This 
was  almost  thirty  years  to  a  day  from  the  September 
morning  when  Terry  went  out  to  Lake  Merced  with  the 
deliberate  intention  of  killing  a  far  greater  man  than 
either  himself  or  Judge  Field.  His  wife  lost  her  mind 
and  died  in  an  asylum  for  the  insane. 

Broderick  had  his  grave  faults,  but  they  were  the 
faults  of  the  big  men  of  history.  He  was  a  law  unto  him- 
self, and  in  his  great  strength  he  could  be  crushed  only 
by  a  combination  of  factions  and  enemies.  It  was  de- 
creed that  he  must  die  lest  he  emerge  from  defeat  stronger 
than  ever,  and  mount  to  the  highest  places  in  the  land 
over  the  bodies  of  his  foes.  So  he  died.  He  was  thirty- 
nine  years  old.  He  is  still  immovable  on  his  lofty  and 
solitary  pedestal  in  the  history  of  California.  He  re- 
mains in  death  as  in  life  the  greatest  of  her  sons. 


XVIII 

THE    WAR 

At  the  Presidential  election  of  i860  California  surprised 
itself  by  coming  out  for  the  Union.  All  efforts  were 
made  to  consolidate  the  two  wings  of  the  Democratic 
party;  but  they  were  irreconcilable,  and  the  new  Republi- 
can party,  composed  of  anti-Lecomptonites,  remnants  of 
the  old  Whig  party  and  loyal  Unionists  of  any  faction, 
stopped  playing  with  politics  and  declared  for  the  flag. 
Gwin's  term  in  the  United  States  Senate  expired  on  March 
3,  1 86 1.  He  was  not  mentioned  as  a  candidate  when  the 
new  legislature  took  up  the  business  of  filling  the  vacancy. 
James  A.  McDougal,  an  anti-Lecompton  Democrat,  re- 
ceived fifty-seven  votes  on  the  last  ballot;  John  Nugent 
and  John  B.  Weller,  Chivalry  Democrats,  thirty-nine  and 
four.  Shortly  afterward  there  was  another  duel  in  which 
once  more  a  "Chiv"  was  victorious  and  an  anti-Le- 
comptonite  killed.  This  roused  so  much  and  such  pro- 
longed comment  that  it  proved  to  be  the  last  of  the  duels 
in  California. 

Of  course,  there  were  plots  and  counterplots  in  a  state 
that  had  been  ruled  by  the  proslavery  faction  during  its 
brief  history ;  and,  although  it  was  no  new  thing  to  hear 
that  the  Mexican-Californians  of  the  South,  who  had  been 
despoiled  of  their  vast  possessions  by  squatters,  unfair 
rulings,  and  disproportionate  taxation,  were  agitating  to 

263 


CALIFORNIA 

cut  California  in  two,  this  time  the  rumor  was  investi- 
gated and  the  unrest  traced  to  the  Chivalry  Democrats, 
who  hoped  to  profit  by  a  new  state  so  dissatisfied  with 
the  federal  government.  Washington  was  informed — 
rumor  said  by  Edmund  Randolph — that  not  only  was 
the  southern  part  of  the  state  on  the  verge  of  secession, 
but  that  Brig. -Gen,  Albert  Sidney  Johnston,  of  Kentucky, 
in  command  of  the  Pacific  Department,  had  entered  into 
a  plot  with  certain  federal  ofiicials  in  San  Francisco  to 
seize  the  port  and  hold  it  for  the  Southern  Confederacy. 
There  was  no  proof  of  this,  nor  has  any  transpired  since; 
but  all  rumors  are  alarming  in  war -time,  and  it  was 
thought  best  to  replace  him  with  a  strong  Union  general. 
Before  the  order  reached  him  he  had  been  warned  by 
way  of  the  pony  express,  and  resigned.  He  afterward 
distinguished  himself  in  the  Confederate  army. 

In  spite  of  the  fact  that  Edmund  Randolph  was  a 
Virginian  and  an  F.  F.  V.  he  had  been  openly  opposed 
to  secession  and  had  upheld  the  Union  at  the  polls  and 
on  the  stump.  His  family  was  among  the  most  prominent 
socially,  in  those  days  when  the  Southern  women  ruled 
with  an  iron  hand,  and  he  himself  was  an  odd  mixture  of 
the  romantic  and  the  practical.  That  is  to  say,  he  was 
practical  when  the  blood  was  out  of  his  head,  and  ro- 
mantic to  the  point  of  hysteria  when  wrought  up  on  the 
stump  or  by  any  sudden  acute  crisis.  He  was  a  lawyer 
of  striking  ability  and  had  been  employed  by  the  United 
States  government  in  the  New  Almaden  Quicksilver  Mine 
case,  and  held  his  own  against  such  men  as  Judah  P. 
Benjamin  and  Reverdy  Johnson.  On  the  other  hand,  he 
had  helped  to  finance  the  filibuster  scheme  of  William 
Walker  against  Nicaragua — that  same  William  Walker 

264 


THE  WAR 

whom  Joaquin  Miller  described  in  eloquent  verse  as  a 
superb  and  picturesque  figure  in  full  regimentals,  red  sash 
and  sombrero,  standing  on  a  hill-top  and  shading  his  eyes 
against  the  tropic  sun,  but  whom  my  grandfather,  who 
was  in  Nicaragua  at  the  time,  remembers  in  a  wrinkled 
linen  duster,  battered  "panama,"  and  sandy  beard. 

In  spite  of  Randolph's  abilities  no  one  was  ever  sur- 
prised at  any  of  his  abrupt  departures  from  a  former 
standard,  and  when  he  appeared  before  the  Chivalry 
convention  in  Sacramento  immediately  after  the  news  of 
the  firing  upon  Sumter  was  received,  and  indulged  in  a 
wild  recrudescence  of  all  his  Southern  instincts,  the  mem- 
bers merely  smiled ;  but  wh  en  he  died  a  few  months  later 
his  right-about-face  was  ascribed  to  failing  powers. 

Gentlemen  [he  cried.  He  is  described  as  a  distraught  figure  spring- 
ing suddenly  to  his  feet],  my  thoughts  and  my  heart  are  not  in  this 
house  to-night.  Far  to  the  east  in  the  homes  from  which  we  came, 
tyranny  and  usurpation  with  arms  in  their  hands,  are  this  night, 
perhaps,  slaughtering  our  fathers,  our  brothers,  and  our  sisters,  and 
outraging  our  homes  in  every  conceivable  way  shocking  to  the  heart 
of  humanity  and  freedom.  To  me  it  seems  a  waste  of  time  to  talk. 
For  God's  sake  tell  me  of  battles  fought  and  won.  Tell  me  of  usurpers 
overthrown;  that  Missouri  is  again  a  free  state,  no  longer  crushed 
under  the  armed  heel  of  a  reckless  and  odious  despot.  Tell  me  that 
the  state  of  Maryland  lives  again;  and  oh,  let  us  read,  let  us  hear,  at 
the  first  moment,  that  not  one  hostile  foot  now  treads  the  soil  of  Vir- 
ginia. If  this  be  rebellion,  then  I  am  a  rebel.  Do  you  want  a  traitor? 
Then  I  am  a  traitor.  For  God's  sake  speed  the  ball.  May  the  lead 
go  quick  to  his  heart,  and  may  our  country  be  free  from  the  despot 
usurper  that  now  claims  the  name  of  President  of  the  United  States. 

A  good  many  other  Southerners  died  hard,  but  they 
died.  The  Rev.  William  A.  Scott,  the  leading  Presby- 
terian minister  of  San  Francisco  and  a  native  of  New 
Orleans,  delivered  impassioned  sermons  in  the  cause  of 
secession.    He  created  a  tremendous  uproar,  being  hung 

265 


CALIFORNIA 

in  effigy  in  front  of  his  own  church  and  frequently  threat- 
ened by  mobs.  Finally  his  friends  took  him  in  hand. 
A  steamer  was  sailing  on  a  certain  Sunday.  Passage  was 
secured  for  Dr.  Scott  by  several  of  his  parishioners,  al- 
though he  was  not  taken  into  their  confidence.  Morning 
service  was  held  as  usual,  and  in  spite  of  warnings  from 
friends  as  well  as  enemies  he  once  more  denounced  the 
government  and  pleaded  the  holy  cause  of  a  new  flag  and 
a  new  people.  Meanwhile  a  mob  had  gathered  in  front 
of  the  church,  and  roared  its  threats.  It  was  patent 
that  this  time  he  was  not  to  be  permitted  to  leave  sanc- 
tuary without  a  dangerous  mauling.  But  Mrs.  Thomas 
H.  Selby  had  her  carriage  waiting  in  the  rear.  Finally 
Dr.  Scott  was  persuaded  out  of  the  pulpit  by  his 
anxious  friends  and  into  the  carriage.  The  coach- 
man whipped  up  his  horses  and  raced  the  mob  to  the 
docks;  Dr.  Scott,  fuming,  was  safely  stowed  away.  He 
remained  in  the  South  imtil  the  war  was  over,  then 
returned  to  San  Francisco  and  resumed  his  pastoral  duties. 
My  grandfather,  Stephen  Franklin,  was  a  member  of 
this  church,  having  been  a  friend  of  Dr.  Scott's  in  New 
Orleans.  He  came  to  California  first  in  185 1,  then  went 
to  Central  America  and  returned  to  California  several 
years  later  with  his  family.  Although  he  took  no  part 
in  politics,  he  was  opposed  to  the  Vigilance  Committee  on 
principle,  being  a  firm  believer  in  the  written  law.  For- 
merly a  cotton-planter  in  Louisiana  himself,  he  voted  with 
the  Chivalry  Democrats;  and,  a  man  of  rigid  principles, 
both  religious  and  political,  it  was  not  in  him  to  compro- 
mise either  then  or  later  with  the  great  organization  that 
reformed  San  Francisco  (although  devoted  personally  to 
William  T.  Coleman),  or  with  the  men  that  elevated  the 

266 


THE   WAR 

flag  above  the  "beloved  South."  When  the  news  flashed 
across  the  wires  of  the  assassination  of  Lincoln  the  excite- 
ment in  San  Francisco  exceeded  anything  that  had  con- 
vulsed it  before.  Word  ran  round  the  city  that  every 
house  and  building  of  any  sort  must  drape  itself  in 
mourning  or  prepare  for  attack.  No  one  disobeyed  this 
unwritten  order  but  a  church,  several  newspaper  officers, 
and  my  grandfather.  He  was  the  reverse  of  a  violent  or 
even  a  bitter  man,  but  he  did  not  approve  of  Lincoln,  and 
that  was  the  end  of  it.  He  would  not  put  his  house  in 
mourning  for  him.  The  mob  wrecked  the  church  and  the 
newspaper  offices  and  then  started  for  my  grandfather's 
house.  As  it  appeared  at  the  head  of  Stockton  Street, 
the  next-door  neighbors  tore  up  a  black  gown,  rushed  in, 
and  hung  it  from  the  upper  windows.  My  father,  Thomas 
L.  Horn,  one  of  the  young  merchants  of  the  city,  had  been 
a  member  of  the  Vigilance  Committee,  and  was  an  ardent 
Union  man.  I  merely  relate  this  bit  of  family  history  as 
an  instance  of  the  intensity  of  feeling  so  far  from  the  seat 
of  war,  and  as  proof  that  I  am  able  to  be  an  impartial 
historian!  I  was  brought  up  by  my  grandfather,  and 
during  that  time  and  for  years  after  I  was  an  ardent 
Southerner,  but  I  have  got  over  it. 

The  following  would  be  incredible  if  it  were  not  true, 
and  illustrates  the  raging  patriotism  of  the  women  of  the 
South  compared  to  which  that  of  the  men  was  quite 
commonplace.  A  certain  eminent  judge  had  a  family  of 
women,  pre-eminent  socially,  and  by  this  time  not  on 
speaking  terms  with  any  one  upholding  the  flag.  The 
judge  heard  the  news  of  Lincoln's  assassination  down- 
town, and,  jumping  into  his  buggy,  drove  furiously  for 
home.    There  were  no  telephones  in  those  days,  but  he 

267 


CALIFORNIA 

feared  his  women  might  hear  the  news  and  disgrace  him 
in  the  street.  When  he  reached  home  he  coaxed  his  wife 
and  other  female  relatives  up  the  stairs  and  into  a  room 
at  the  back  of  the  house.  There  he  locked  the  door,  put 
the  key  in  his  pocket,  and  told  them  that  Lincoln  had  been 
assassinated.  His  wife  (who  upon  ordinary  occasions 
boasted  all  the  hauteur,  repose,  and  suave  manners  of  an 
F.  F.  V.)  shrieked  like  an  Indian  and,  picking  up  her 
skirts,  executed  a  waY-dance.  (She  was  very  short  and  very 
fat.)  The  other  women  were  hysterical  in  their  delight, 
screaming,  laughing,  and  clapping.  The  judge  was  shut 
up  with  them  for  nearly  two  hours.  Then  he  let  them 
out  only  when  each  gave  him  her  solemn  word  of  honor 
that  she  would  not  run  up  and  down  the  street  shouting 
her  satisfaction.  But  by  this  time  they  were  exhausted 
and  ready  to  behave  themselves. 

California  contributed  three  distinguished  men  to  the 
Union  army — Sherman,  Halleck,  and  Baker.  In  1861  she 
sent  two  full  regiments  of  cavalry,  eight  full  regiments 
of  infantry,  besides  eight  companies  that  enlisted  in  the 
First  Regiment  of  Washington  Infantry  Volunteers: 
sixteen  thousand  in  all.  In  1863  seven  more  companies 
of  cavalry  were  raised,  six  companies  constituting  the 
First  Battalion  of  California  Mountaineers;  and  in  the 
next  two  years  two  other  regiments. 

California  was  equally  liberal  with  her  gold,  although 
she  refused  to  submit  to  the  imposition  of  greenbacks; 
and  she  became  the  chief  supporter  of  the  famous  Sani- 
tary Commission  organized  in  behalf  of  the  sick  and 
wounded.  Thomas  Starr  King,  a  Unitarian  clergyman, 
whose  fame  survived  him  locally  many  years,  a  tomb 
being  erected  to  him  in  the  yard  of  his  church,  which 

968 


THE  WAR 

stood  in  the  heart  of  the  city,  took  charge  of  the  braVich 
organization  in  San  Francisco,  and  with  his  energy  and 
eloquence  raised  six  thousand  dollars  at  the  first  meeting. 
That  was  a  good  deal  of  money  for  those  days,  particu- 
larly in  war-time;  but  ten  days  later  a  further  sum  of 
one  hundred  and  sixty  thousand  dollars  in  gold  was  sub- 
scribed and  sent  to  headquarters  in  New  York.  In 
October  another  hundred  thousand  dollars  were  sent  on, 
and  before  the  end  of  1862  still  another  hundred  thousand. 
Being  in  gold  coin,  this  contribution  represented  a  half  a 
million  in  legal-tender  notes. 

In  1863  California  responded  to  another  appeal  and 
announced  her  intention  of  subscribing  twenty-five 
thousand  dollars  a  month  as  long  as  the  war  lasted.  At 
the  close  of  the  war  the  report  of  the  central  commission 
showed  that  out  of  four  million  eight  hundred  thousand 
dollars  contributed  to  the  sanitary  fund  California  had 
supplied  nearly  a  million  and  a  quarter,  and  Oregon  and 
Nevada  nearly  a  quarter  of  a  million,  the  three  together 
contributing  a  third  of  the  whole  amount. 

The  war  proved  to  be  of  enormous  benefit  to  Califor- 
nia. The  telegraph  line  across  the  continent  was  com- 
pleted in  October,  1861,  putting  her  in  direct  communi- 
cation with  New  York.  In  1862  Congress  granted  her 
petition  for  the  long-denied  railroad  from  the  Missouri 
River  to  the  Pacific  Ocean,  the  withdrawal  of  Southern 
members  from  both  houses  making  this  concession  pos- 
sible at  last.  And  her  population  received  an  immediate 
stimulus.  Hundreds  of  families,  believing  that  the  war 
would  last  for  many  years,  emigrated  to  California,  where 
they  would  be  spared  the  immediate  suffering,  the  ter- 
rible strain  and  anxieties  of  those  living  too  close  to  the 

269 


CALIFORNIA 

path  of  war.  Within  a  year  a  thousand  new  houses  were 
contracted  for  in  San  Francisco ;  and  the  Russ  House,  the 
Lick  House,  and  the  Occidental  Hotel,  superfine  hostel- 
ries  for  their  day,  went  up,  the  last  two  retaining  some- 
thing of  their  old  prestige  until  burned  in  1906.  Street- 
railroads  were  built,  and  business  of  all  sorts,  which  had 
been  depressed  before  the  outbreak  of  the  war,  was,  from 
many  sources,  stimulated.  The  Republican  party,  of 
course,  claimed  all  the  credit,  and,  it  must  be  admitted, 
ruled  the  state  without  too  many  iniquities  for  several 
years. 

In  1867  the  United  States  government  purchased  what 
is  now  know  as  the  territory  of  Alaska  from  the  Russian 
government,  an  enormous  tract  of  land  of  over  five  hun- 
dred and  eighty  thousand  square  miles,  thus  shifting 
California  almost  to  the  center  of  the  United  States.  But 
the  most  exciting  event  for  CaHfornians  after  the  close 
of  the  war  was  the  completion  of  the  railroad  in  1869- 
Theodore  D.  Judah,  a  native  of  Bridgeport,  Connecticut, 
who  had  already  demonstrated  his  ability  in  railroad- 
building  locally,  interested  four  Sacramento  merchants  in 
the  scheme  of  an  immediate  railroad  across  the  conti- 
nent, now  that  the  hostile  influence  in  Congress  was  re- 
moved. It  was  owing  to  the  far-sightedness  of  these 
four  men — Charles  Crocker,  Mark  Hopkins,  Leland  Stan- 
ford, and  Collis  P.  Huntington — as  well  as  to  the  brilliant 
young  engineer,  that  California  got  her  railroad  in  the  six- 
ties. They  organized  the  Central  Pacific  Railroad  Com- 
pany, notwithstanding  ridicule  and  opposition,  incorporated 
it  in  California,  raised  money,  obtained  the  consent  and 
aid  of  Congress  in  spite  of  the  war;  and  on  January  8, 
1863,  Stanford  broke  the  first  ground  in  Sacramento  at 

270 


THE   WAR 

the  comer  of  Front  and  K  streets,  not  far  from  the  fort 
where  Sutter  used  to  watch  the  train  of  emigrant  wagons 
crawl  down  the  slopes  of  the  Sierra  Nevada  Mountains. 
This  railroad,  one  of  the  most  difficult  of  all  engineering 
feats  owing  to  the  intervening  chains  of  mountains,  is  a 
monument  to  the  young  engineer  who  conceived  it, 
Theodore  D.  Judah,  and  to  the  four  men  who  won  as 
much  contimiely  as  gratitude  for  pushing  it  through  and 
connecting  the  two  oceans.  No  longer  did  Californians 
have  to  travel  East  by  mail-coach,  hanging  first  out  of 
one  side  and  then  the  other,  their  eyes  raking  the  horizon 
for  scalping  Indians.  No  longer  were  they  forced  to  take 
the  alternative  to  this  grizzling  experience  and  lose  a 
precious  month  at  sea,  and  possibly  their  lives  crossing 
"the  Isthmus."  Indeed,  the  greater  number  of  Cali- 
fornia immigrants,  important  and  insignificant,  when 
they  sent  for  their  families,  had  resigned  themselves  never 
to  see  their  native  states  again.  But  as  soon  as  the  rail- 
road was  built  they  became  the  restless  travelers  they 
have  remained  ever  since. 

18 


XIX 

THE  TERRIBLE   SEVENTIES 

Speculation  is  a  permanent  microbe  in  the  blood 
of  Califomians,  and  they  are  never  really  happy  save 
when  they  have  turned  it  loose  to  multiply  and  run  riot ; 
in  other  words,  when  they  have  food  for  excitement .  After 
the  great  gold-rush,  although  they  speculated  in  whatever 
came  to  hand — city  varas,  water-lots,  stocks  and  bonds,  new 
placers — ^they  had  no  really  terrific  excitement  financially 
until  the  seventies.  Then  it  was  so  mad  and  so  prolonged 
that  it  might  have  glutted  even  a  San  Franciscan. 

In  1872  began  the  sensational  history  of  the  great  silver- 
mines  of  Nevada,  and  witnessed  the  coruscations  of  a 
new  galaxy  of  milHonaires :  Mackay,  Fair,  Flood,  O'Brien, 
Ralston,  Sutro,  Sharon,  HagginS  Tevis,  D.  O.  Mills,  "Jim" 
Keene,  and  too  many  others  to  mention  here. 

Of  these  by  far  the  greatest  personality  was  William 
C.  Ralston.  Bom  in  Ohio  in  1825,  educated  at  the  public 
schools,  leaving  abruptly  to  try  his  hand  at  ship-building, 
he  finally  started  for  California  in  1850.  At  Panama, 
however,  he  was  offered  the  position  of  agent  of  a  line  of 
steamships  plying  between  New  York  and  San  Francisco, 
and  accepted  it.  In  1853  he  was  sent  to  represent  the 
same  firm  in  San  Francisco.  Shortly  afterward,  his  em- 
ployers opened  a  bank,  and,  recognizing  his  great  abilities, 
took  him  into  partnership.     The  firm  was  called  Garrison, 

*James  Ben  Ali  Haggin  was  a  pioneer,  and  also  a  man  of  wealth 
long  before  this;  but  his  family  did  not  begin  to  play  a  leading  part 
until  the  seventies. 

272 


THE   TERRIBLE    SEVENTIES 

Morgan,  Fretz  &  Ralston.  Later  it  became  Fretz  &  Ral- 
ston, the  more  brilliant  and  adventurous  member  of  the 
firm  carrying  it  safely  over  the  shoals  of  1855.  After 
another  change  Ralston  in  1864  induced  D.  O.  Mills 
and  several  other  men  who  already  were  on  the  broad  way 
to  fortune  to  join  in  foimding  the  Bank  of  California, 
still,  in  spite  of  all  vicissitudes  and  changes,  the  great 
bank  of  the  Pacific  coast,  and  known  all  over  the  world. 
Mills  was  the  first  president,  Ralston  the  cashier,  but 
succeeding  soon  afterward  to  the  presidency.  WilHam 
Sharon  was  the  confidential  agent  in  Virginia  City,  Nevada. 
Ail  distinguished  foreigners  in  those  days  brought  letters 
of  introduction  to  the  Bank  of  California,  and  many  to  Mr. 
Ralston  personally.  He  entertained  them  at  his  magnifi- 
cent and  picttiresque  country  house  at  Belmont,  about 
thirty  miles  from  San  Francisco.  It  was  an  immense 
white,  rambling,  French-looking  structure,  situated  in  a 
wild  and  windy  canon.  One  of  the  sights  of  those  days 
was  Ralston's  four-horse  char-d-banc  crowded  with  guests 
(generally  breathless)  dashing  along  the  old  Mission 
road,  himself  at  the  wheel.  It  might  be  daylight  or 
black  midnight,  it  was  all  one  to  Ralston ;  he  never  slack- 
ened his  pace.  He  generally  managed  to  arrive  with  his 
guests,  however,  just  after  dark,  when  the  immense  house 
against  the  black  background  of  the  canon  was  a  blaze 
of  light.  There  a  banquet  was  always  spread,  the  ball- 
room always  open,  and  the  hundred  bedrooms  ready. 
Innumerable  Chinese  servants  in  white  were  at  the  ser- 
vice of  the  guests.  At  the  top  of  the  staircase  was  a 
large  room  built  like  an  opera-box,  where  it  amused  Ral- 
ston to  sit  with  a  few  of  his  chosen  friends  and  watch  his 
company  disport  itself  below. 

273 


CALIFORNIA 

When  Anson  Burlingame  passed  through  California  on 
his  way  to  the  Orient  to  conclude  the  treaty  which  bears 
his  name,  Ralston  drove  him  down  to  Belmont  at  his 
usual  furious  rate.  Shortly  before  dinner  was  announced 
he  had  him  escorted  to  the  library.  This  was  a  room  rather 
small,  handsomely  finished  with  laurel,  and,  as  I  remem- 
bered it,  never  a  book.  There  Mr.  Burlingame  found  the 
large  company  gathered  in  his  honor,  and  was  asked  to 
sit  down.  All  the  guests  faced  one  way.  A  few  moments 
passed.  All  knew  that  some  sort  of  a  stirprise  was  in 
store,  and  felt  that  Ralston's  originality  could  be  relied 
upon.  Suddenly  the  opposite  wall  gave  a  sort  of  shiver, 
then  rose  slowly  like  the  curtain  of  a  theater,  revealing 
an  immense  banqueting-hall  laden  with  the  most  splen- 
did plate,  china,  and  glass  that  had  been  brought  to  Cali- 
fornia at  that  period,  and  an  almost  limitless  variety  of 
flowers  and  fruits.  As  motionless  as  an  army  about  to 
salute  were  the  pigtailed  Chinese. 

The  next  morning  the  ambassador  at  Mr.  Ralston's 
request  picked  out  the  site  for  a  future  town  the  magnate 
had  in  mind,  and  it  was  promptly  named  in  his  honor. 
Ralston  did  not  live  to  build  it,  but  to-day  Burlingame 
is  a  fashionable  little  community  representing  many 
millions.  One  of  its  members,  by  the  way,  is  a  daughter 
of  James  Kling  of  Wm.,  and  another  a  son  of  William  T. 
Coleman. 

For  five  or  six  years  Ralston  enjoyed  a  world-wide 
reputation  as  a  host  and  a  new-world  Monte  Cristo.  He 
would  take  fifty  or  sixty  guests  at  a  time  to  Yosemite  and 
the  Big  Trees,  or  entertain  them  at  the  Cliff  House  and 
other  road-houses,  hiring  special  trains  and  entire  livery- 
stables.    Meanwhile,  the  stock  excitement  was  rising  daily, 

^74 


WILLIAM   C.    RALSTON    [iNSERT],    WHO   FREQUENTLY   TOOK   HIS   GUESTS   TO   YOSEMITE 
AND  BIG  TREES,  WAS  THE  FIRST  TO  DRIVE  A  FOUR-IN-HAND  THROUGH  "  WAWONA  " 


THE   TERRIBLE    SEVENTIES 

There  was  some  interest  in  the  Virginia  City  silver- 
mines  as  early  as  1863,  when  Ophir,  Savage,  Hale  and 
Norcross,  and  Gould  and  Curry  were  opened,  and  they 
were  regularly  bought  and  sold  on  the  Stock  Exchange; 
but  it  was  not  until  the  exploitation  of  the  Comstock 
Lode,  with  its  fabulous  and  apparently  inexhaustible 
riches,  that  California,  and  San  Francisco  in  particular, 
suddenly  broke  out  with  the  most  virulent  form  of  specu- 
lation fever;  soon  beyond  all  htunan  power  to  check. 

The  great  silver-mines  of  the  Comstock  Lode  were  the 
California,  Consolidated  Virginia,  Crown  Point,  Belcher, 
and  Rajnnond  and  Ely.  Consolidated  Virginia  was  the 
most  popular,  made  a  few  great  fortimes  and  bankrupted 
half  the  coast.  It  was  controlled  by  four  men,  Mackay 
and  Fair,  practical  miners,  and  Flood  and  O'Brien,  who 
for  many  years  had  kept  a  saloon  in  San  Francisco;  being 
men  of  uncommon  shrewdness,  they  extracted  the  salt 
from  the  oceans  of  mining  talk  always  flowing  over  their 
bar. 

These  five  mines  were  called  the  Bonanzas,  and  prac- 
tically the  whole  state  invested  in  them.  Women  sold 
their  jewels,  and  every  clerk  and  servant  hoped  to  make 
his  or  her  "pile."  The  old  Stock  Exchange  was  no  longer 
able  to  accommodate  the  increasing  number  of  brokers, 
and  in  January,  1872,  the  California  Stock  Exchange 
Board  was  organized.  Daily  and  hourly,  until  men  fell 
in  their  tracks  from  exhaustion,  it  was  a  scene  of  such 
frenzied  excitement  that  the  old  stampeding  days  to  the 
diggings  were  relegated  to  the  storehouse  of  insignificant 
memories.  That  any  one  survived  those  years,  par- 
ticularly 1875,  is  a  phenomenon  that  must  be  explained 
by  the  cHmate.    Thousands  did  not.    They  either  com- 

27s 


CALIFORNIA 

mitted  suicide  or  crawled  away  to  hide  themselves  for  the 
rest  of  their  shattered  lives.  Only  a  few  tremendous 
fortunes  were  made.  Several  millionaires,  their  reason 
burnt  up  with  the  speculation  microbe,  were  ruined,  and 
more  of  the  merely  well-to-do ;  but  the  greater  number  of 
people  with  "money  behind  them"  managed  either  to  come 
out  even  or  save  enough  to  begin  life  over ;  the  vast  num- 
ber that  lost  all  were  those  that  had  nothing  to  lose. 

In  1872  the  market  value  of  the  Nevada  stocks  shot  up 
from  seventeen  millions  to  eighty-four  millions  of  dollars, 
and  the  sales  numbered  many  millions.  Business  was 
neglected.  Even  the  gambling-tables  languished.  People 
invested  all  they  had,  all  they  could  borrow,  beg,  pawn,  or 
steal,  in  stocks.  No  one  talked  of  anything  else;  and 
many  women,  known  as  Mudhens,  sold  stocks  on  the 
curb.  Everybody  assumed  that  one  spot  of  earth  at  least 
had  enough  for  all,  and  that  this  day  one  year  he  would 
be  handling  money  by  the  bushel  and  proclaiming  that 
never  in  this  life  would  he  do  another  stroke  of  work. 
Husbands  must  have  been  quite  unmanageable  in  those 
days,  and  repellant  to  all  but  wives  that  were  equally 
reckless  and  irresponsible. 

All  this  went  to  Ralston's  head,  but  in  a  totally  different 
fashion  from  its  devastations  in  the  average  cranium. 
Ralston,  like  Broderick,  or,  to  soar  higher,  like  Cecil 
Rhodes  or  Napoleon,  was  a  law  unto  himself,  and,  as  his 
brothers  have  done,  discovered  that  sooner  or  later  Law 
manages  to  hold  its  own  like  the  wind  and  the  waves. 
Nevertheless,  if  the  crash  had  not  come  when  it  did 
Ralston's  commanding  genius  for  finance  and  his  mag- 
nificent civic  patriotism  never  would  have  been  called 
into  question;  now  he  must  be  regarded  as  a  great  man 

276 


THE   TERRIBLE    SEVENTIES 

gone  wrong.  He  just  missed  having  hideous  statues 
erected  to  his  memory  all  over  the  state  of  California. 
What  he  needed  was  a  whole  mine  of  his  own. 

Between  the  insupportable  excitement  of  those  years 
and  the  fact  that  he  was  regarded  as  the  uncrowned  king 
of  California  he  lost  all  sense  of  proportion,  all  power  of 
foresight.  Bom  one  of  the  clearest  of  thinkers,  and 
famous  in  the  financial  world  for  taking  precisely  one 
minute  to  make  up  his  mind  on  questions  involving 
millions,  it  would  seem  that  his  brain,  being  the  biggest  in 
the  state,  could  accommodate  the  greatest  number  of 
microbes.  His  passion  was  San  Francisco,  his  ambition, 
to  make'  her  one  of  the  greatest  cities  in  the  Union,  the 
rival  of  the  proudest  in  the  older  East.  With  the  silver 
floods  rolling  down  from  Nevada  it  seemed  to  him  that 
now  was  the  time  to  do  it — take  the  tide  at  its  flood. 
In  rapid  succession  his  fertile  brain  projected  and  his 
superhuman  energy  put  through  the  Mission  Woolen  Mills, 
the  Kimball  Carriage  Factory,  the  Cornell  Watch  Fac- 
tory, the  West  Coast  Furniture  Factory,  the  San  Fran- 
cisco Sugar  Refinery,  the  Grand  Hotel,  the  Palace  Hotel, 
the  Dry  Dock  at  Hunter's  Point,  the  Reclamation  Work 
at  Sherman  Island,  the  Irrigating  Works  of  the  San 
Joaquin  Valley,  the  Rincon  Hill  Cut,  the  extension  of 
Montgomery  Street,  and  the  California  Theater.  Ralston 
possessed  one  of  the  greatest  civic  imaginations  the  world 
has  produced,  and  if  he  only  could  have  found  that  mine 
he  would  rank  with  such  city-makers  and  castle-builders 
as  Ludwig  I.  and  Ludwig  II,  of  Bavaria,  both  of  whom, 
by  the  way,  nearly  bankrupted  their  state. 

One  can  only  admire  the  ruthlessness  of  these  great 
imaginations  that  elevate  the  beauty  and  prosperity  of 

277 


CALIFORNIA 

their  chosen  territory  above  the  commonplace  needs  of 
the  "  plain  people,"  or  their  own  safety,  and  wish  they  could 
discover  the  mines  that  are  wasted  on  the  sordid  or  the 
unworthy.  To  my  mind  Ralston  is  far  more  entitled 
to  admiration  and  real  fame  than  any  of  the  thousand  and 
one  smug  millionaires  that  live  smugly,  take  no  risks  save 
for  themselves,  and  leave  no  impress  on  the  world.  Ludwig 
I.  found  Munich  a  medieval  stronghold  and  converted  it 
into  a  great  Renaissance  city  (with  comers  of  other 
periods),  to  which  all  the  world  goes  and  leaves  many 
millions  of  marks  a  year.  Moreover,  it  is  a  city  without 
a  slum.  The  beautiful  and  unique  castles  upon  which 
Ludwig  II.  spent  the  revenues  of  his  state  until  the 
government,  fearing  bankruptcy,  deposed  and  imprisoned 
him,  are  one  of  the  greatest  sources  of  revenue  in  Bavaria 
to-day.  As  for  Ralston,  practically  all  of  the  businesses  he 
founded,  as  well  as  his  other  investments,  survived  him- 
self, flourished,  and  added  to  the  wealth  and  importance 
of  his  city.  The  Palace  Hotel,  finished  by  Mr.  Sharon, 
became  one  of  the  famous  hotels  of  the  world. 

But  he  did  not  live  to  see  the  fruition  of  any  of  his 
great  schemes,  nor  the  growth  of  the  city  that  until  the 
fire  of  1906  owed  more  to  him,  to  the  tremendous  impetus 
he  gave  it,  than  to  all  other  San  Franciscans  of  his  era  put 
together;  for  he  was  the  first  to  rouse  civic  pride  in  a 
very  selfish  and  self-centered  community.  But  almost 
imperceptibly  the  mines  began  to  show  signs  of  exhaus- 
tion, to  say  nothing  of  unconquerable  undergroimd  floods. 
And  Ralston  had  been  improving  San  Francisco  with  the 
capital  of  the  Bank  of  California. 

Of  coiirse,  he  had  borrowed  of  other  banks.  It  suited 
one  of  these  banks,  intensely  jealous  of  the  man  as  well 

278 


THE    TERRIBLE    SEVENTIES 

as  of  the  Bank  of  California,  to  watch  for  the  weak  mo- 
ment and  then  turn  on  the  screws;  in  other  words,  call 
in  its  loans.  On  August  27,  1875,  California  rocked  with 
the  news — ^and  vibrations  of  this  earthquake  were  felt  all 
over  the  world,  for  Ralston 's  famous  institution  was  the 
agent  of  the  Rothschilds — that  the  Bank  of  California, 
which  had  been  regarded  as  Gibraltar's  twin,  had  closed 
its  doors. 

Behind  those  doors  the  excitement  was  none  the  less 
intense  for  being  suppressed — by  men  that  had  no  time 
for  emotions.  William  Sharon  and  others  agreed  to  set 
the  bank  on  its  feet  again  out  of  their  personal  fortunes, 
but  Ralston  was  requested  to  resign.  The  man  that  had 
made  the  bank  one  of  the  greatest  institutions  in  the  world, 
and  given  California  a  position  financially  she  never  had 
enjoyed  before,  was  treated  without  mercy.  But  he 
must  have  picked  up  his  hat  and  left  that  council  chamber 
of  the  just  with  the  hope  that  he  never  woiild  lay  eyes  on 
one  of  those  men  again. 

He  was  in  the  habit  of  taking  a  daily  swim  from  North 
Beach.  He  drove  from  the  bank  to  his  usual  bath-house, 
swam  out  and  went  down.  The  next  excitement  in  San 
Francisco  was  "Ralston's  suicide."  That  night  Mr. 
Sharon  said  to  my  grandfather,  "Best  thing  he  could 
have  done."  But  my  grandfather,  who  was  perhaps  the 
most  intimate  friend  Mr.  Ralston  had,  never  for  a  mo- 
ment believed  in  that  immediately  adopted  theory  of 
suicide,  a  theory  that  gained  swift  credence  not  only 
because  Ralston  was  ruined  and  had  wrecked  the  bank, 
but  because  he  was  a  man  of  intense  pride.  Some  years 
afterward  Dr.  John  Pitman,  who  was  Ralston's  doctor, 
made,  at  the  request  of  one  of  the  great  Califomian's 

279 


CALIFORNIA 

daughters,  a  written  statement  which  should  dispose  once 
for  all  of  the  popular  theory. 

Fort  Wayne,  Indiana,  January  5,  igo3. 

Dear  Madam, — I  have  to-day  received  a  letter  from  Mr.  Charles 
E.  Dark,  of  Indianapolis,  telling  me  of  your  serious  desire  to  have  a 
statement  from  me  regarding  the  death  of  your  father,  Mr.  W.  C. 
Ralston,  whom  it  was  my  pleasure  and  honor  to  know. 

If  I  remember  correctly  it  was  August,  1875.  He  was  President  of  the 
California  Woolen  Mills,  California  Furniture  Company,  and  the  Bank 
of  California.  He  had  for  some  time  been  almost  pursued  by  Senator 
Sharon,  whose  manipulations  caused  the  suspension  of  the  Bank  of 
California,  which  was  totally  unnecessary,  as  the  bank  was  solvent; 
but  Sharon  played  his  cards  causing  the  suspension.  The  day  of 
Mr.  Ralston's  death  was  a  blazing  hot  day,  the  city  was  a  furnace  of 
heat.  I  met  him  as  he  was  coming  out  of  the  bank  and  shook  hands 
with  him.  He  told  me  he  had  just  shifted  a  load  of  care  from  his 
shoulders  by  resigning  the  presidency  of  the  bank,  and,  to  use  his  own 
words,  "felt  Uke  a  school-boy  ofif  for  his  holidays."  It  had  been  a 
custom  of  his  to  go  in  swimming  at  North  Beach,  and  he  told  me  he 
was  off  for  a  swim,  and  he  wanted  me  to  go  with  him.  I  warned  him 
that  he  was  overheated,  that  the  water  of  the  Pacific  was  dangerously 
cold,  and  begged  him  to  forego  his  bath;  but  he  insisted.  I  was  un- 
able to  go  with  him  at  the  time,  but  promised  if  he  would  wait  an  hour 
I  would  go  with  him  to  North  Beach.  We  then  separated.  I  fully 
expected  to  find  him  waiting  for  me  at  the  bath-house,  but  I  was  de- 
layed, and  the  first  thing  I  heard  was  the  newsboys  calling  an  extra 
with  a  statement  of  his  suicide.  The  Call  and  the  Bulletin  had  both 
been  opponents  of  his,  and  were  only  too  glad  to  do  their  dirty  work. 
Mr.  Ralston  was  a  grand  man,  a  noble  man;  he  had  no  idea  of  suicide, 
and  I  so  stated  over  my  signature  in  the  Chronicle.  He  was  a  coiu^a- 
geous  man,  not  a  coward,  was  ready  to  meet  all  emergencies,  and  never 
discouraged.  He  was  a  friend  of  the  poor  man  and  the  rich;  he  knew 
men,  and  his  judgment  never  was  at  fault.  His  death  was  a  great  loss 
to  the  Pacific  coast,  and  Senator  Sharon  and  the  Call  and  the  Bulletin 
were  guilty  of  the  foulest  lie  when  they  accused  him  of  suicide.  His 
death  was  due  to  cramp  produced  by  his  heated  condition  and  very 
cold  water. 

Trusting  these  lines  may  be  of  some  comfort  from  one  who  knows 
the  facts,  I  am 

Yours  very  sincerely, 

John  Pitman, 
239 


THE  TERRIBLE   SEVENTIES 

Mr.  Ralston  was  only  fifty;  his  energies — ^never  allowed 
to  rust — ^were  at  their  supreme  pitch  of  development ;  his 
resourceful  and  highly  organized  brain  was  a  perfect  ma- 
chine, equipped  for  every  emergency.  If  he  had  lived, 
no  doubt  he  would  have  made  another  fortune  and  con- 
tinued to  devote  himself  to  the  advancement  of  his  city. 
In  spite  of  the  nagging  attacks  of  the  Call  and  the  Bulletin, 
which  preceded  his  death  for  several  weeks,  it  is  doubt- 
ful if  he  ever  lost  the  confidence  or  admiration  of  the 
public.  And  once  more  all  San  Francisco  turned  out  for 
a  funeral.  He  lies  not  far  from  Broderick  in  Lone 
Mountain. 

I  remember  Mr.  Ralston — who  was  the  great  man  of 
my  childhood — as  a  thick-set  man  with  a  massive  face, 
clean-shaven  above  the  mouth,  and  not  too  much  hair 
below,  a  piercing  but  kind  and  often  humorous  blue  eye, 
a  tightly  set  mouth  which  could  relax — ^rarely — into  a 
charming  and  spontaneous  smile — sandy  hair,  and  a  cast- 
iron  repose.  I  know  now  that  that  granitic  exterior  sur- 
rounded a  d3mamo,  and,  no  doubt,  often  an  insupportable 
nervous  tension.  He  was  a  great  man  set  down  into  too 
small  a  field,  and,  Hke  other  great  men  that  have  ignored 
the  laws  made  by  lesser  men,  he  paid  a  heavy  price. 


XX 

THE   CHINESE   IN   CALIFORNIA 

When  California  was  admitted  into  the  Union  in  1850 
the  Chinese,  welcome  immigrants,  turned  out  as  patrioti- 
cally as  the  Americans  in  the  great  parade  which  cele- 
brated that  historic  episode,  and  were  given  an  honor- 
able position.  Both  Governor  Burnett,  the  first  civil 
governor  of  California,  and  his  successor,  accepted  the 
Chinese  as  desirable  acquisitions;  and  Governor  McDougal, 
in  his  annual  message,  spoke  of  them  as  "one  of  the 
most  worthy  classes  of  oiu*  newly  adopted  citizens,"  and 
recommended  that  further  immigration  should  be  en- 
couraged, as  they  were  particularly  fitted  to  work  on  the 
reclamation  of  the  fertile  tule- swamps  overflowed  by 
the  rivers  during  the  rainy  season.  When  the  Vigilance 
Committee  of  1856  was  organized  the  Chinese  merchants 
of  San  Francisco,  already  a  powerfvd  and  concentrated 
colony,  contributed  munificently  to  its  funds  and  received 
a  vote  of  thanks. 

But  it  was  far  otherwise  in  the  mines.  Almost  from  the 
first  there  was  an  outcry  against  these  frugal,  thrifty, 
thorough,  tireless  Orientals.  This  was  owing  partly  to  an 
ineradicable  race  prejudice  against  color,  characteristic 
of  this  land  of  many  races,  partly  to  an  irritating  sense  of 
the  economical  superiority  of  the  Asiatic,  partly  to  the 
discovery  that  the  maximum  of  the  precious  dust  which 

382 


THE    CHINESE    IN   CALIFORNIA 

had  been  sluiced  upward  throughout  long  vulcanic  ages 
for  the  benefit  of  honest  Americans  was  being  sent  to 
China — ^from  which,  it  is  possible,  California  derived  her 
ancient  populations.  Whatever  the  motive,  the  China- 
men were  nm  out  of  digging  after  digging,  laws  were 
enacted  against  them;  before  long,  although  here  and 
there  they  were  permitted  to  herd  together  at  inferior 
placers,  they  began  to  drift  into  the  towns,  particularly 
San  Francisco,  where  they  proceeded  to  reduce  the  cost  of 
living  by  their  low  charges  as  laundrymen,  merchants, 
street  venders,  and  servants.  One  of  the  most  familiar 
sights  of  San  Francisco  for  many  years  was  the  coolie  with 
his  coarse  blue  linen  smock  and  wide  trousers,  native 
straw  hat  (that  so  curiously  resembles  his  native  archi- 
tecture), and  a  pole  balanced  across  his  shoulders  from 
which  depended  large  baskets  filled  with  salmon  and 
other  fish,  fruits,  and  vegetables.  These  he  peddled 
from  house  to  house  at  incredibly  low  prices. 

The  children  were  never  weary  of  standing  in  front  of 
the  Chinese  wash-houses  and  watching  the  "pigtails"  fill 
their  mouths  with  water  and  eject  it  in  a  hissing  stream 
over  the  underclothes  and  linen  that  their  vindictive 
rival,  the  laundress,  sprinkled  occidentally.  The  Chinese 
quarter  gave  a  complete  illusion  of  the  Orient,  particularly 
at  night,  with  its  gaudy  Chinese  architecture  and  crowds 
and  smells,  its  thousands  of  swaying  lanterns,  often  nebu- 
lous blots  of  light  in  the  fog,  its  ornate  Joss  house,  its 
theaters  of  gorgeous  costumes  and  no  scenery,  its  under- 
ground opium-dens,  its  hanging  balconies,  over  which  on 
the  occasion  of  a  merchant's  banquet  drifted  the  hopeless 
monotonous  wailing  of  the  women,  singing  to  entertain 
their  lords.     Th§  shops  were  fascinating  both  to  tpuiists 

283 


CALIFORNIA 

and  Califomians  with  their  prodigal  stock  of  kimonos 
ranging  from  one  dollar  to  seventy-five  dollars,  their  china 
of  all  prices,  their  jades  and  carved  cabinets  and  bed- 
spreads. Until  the  fire  of  1906  San  Francisco's  China- 
town was  one  of  the  sights  of  the  world,  but  to-day  the 
shops  alone  have  their  old  attraction. 

The  antagonism  in  San  Francisco  toward  the  Chinese 
grew  slowly.  In  185 1  the  immigration  had  reached  about 
twenty-seven  hundred.  In  1852  there  were  eighteen 
thousand  four  hundred  additional  Chinese  in  California, 
and  the  uneasiness  had  spread  from  the  mines  and  entered 
poHtics. 

The  celebrated  phrase  "The  Chinese  must  go"  is  at- 
tributed to  one  Dennis  Kearney,  the  "sand-lot  agitator"; 
but  Bigler,  third  governor  of  California,  came  out  flatly 
with  the  sentiment  in  a  special  message  to  the  legislatiu"e, 
April  23,  1852,  giving  expression  to  the  growing  belief  that 
it  was  important  to  check  Chinese  immigration,  particu- 
larly of  coolies,  who  were  sent  out  under  contract  to  work 
at  the  mines,  and  would  be  retiimed  to  China  after  a  fixed 
period  by  one  or  other  of  the  six  companies.  These 
coolies,  he  advised  the  legislature,  came  to  California 
influenced  by  cupidity  only  (here  we  find  no  mention  by 
his  excellency  of  the  motives  influencing  the  stupendous 
white  immigration  of  1849-50,  which  included  clergymen, 
school-teachers,  lawyers,  editors,  and  other  exponents  of 
the  high  occidental  standard,  who  had  deserted  their 
avocations  and  stampeded  for  the  mines) ;  he  went  on  to 
say  that  these  coolie  miners  received  from  the  companies 
a  mere  wage,  that  not  one  of  them  intended  to  settle  in  the 
country,  that  as  their  standards  in  all  things  were  so  low 
(the  American  has  always  despised  frugality),  opposed 


THE   CHINESE   IN   CALIFORNIA 

diametrically  to  those  of  the  United  States,  they  were 
necessarily  the  most  imdesirable  class  of  citizens  which 
the  country  could  adopt.  He  made  no  reference  to  the 
fact  that  in  spite  of  the  prejudice  against  the  Chinamen 
at  the  mines  it  never  had  been  found  necessary  to  lynch 
one  of  them,  whereas  every  white  race  had  been  repre- 
sented at  the  end  of  a  rope  up  the  gulch. 

However,  there  is  no  logical  argument  that  can  make  the 
least  headway  against  race  prejudice;  and  if  the  Orientals, 
who,  we  are  all  willing  to  grant,  are  vastly  otir  superiors 
economically,  would  appreciate  this  fact  once  for  all,  much 
trouble  and  possibly  bloodshed  would  be  averted.  It  is 
the  masses  that  rule  in  this  country,  not  the  enlightened 
few,  who,  whatever  their  breadth  of  mind,  are  always 
forced  to  yield  to  the  popular  clamor. 

Bigler,  who  was  anything  but  broad-minded,  attributed 
all  the  vices  of  all  the  ages  to  the  Chinese,  and  in  his  mes- 
sage, at  least,  left  them  not  one  rag  of  virtue  to  cover  their 
corruption.  He  went  so  far  as  to  discourage  the  keeping 
of  the  contracts  with  the  companies,  and  intimated  that 
it  would  be  an  impertinence  if  the  Chinese  attempted 
retaHation;  the  conditions  of  California  were  peculiar, 
therefore  she  should  enact  peculiar  laws ;  having  examined 
the  constitutional  question  involved,  he  believed  that  the 
state  had  the  right  to  prevent  the  entry  of  any  class  of 
persons  that  it  "deemed  dangerous"  to  the  interests  or 
welfare  of  its  citizens. 

But  although  Bigler  with  this  message  encouraged  the 
prejudice  against  the  yellow  race  among  the  unruly 
members  of  the  population,  subjecting  it  to  abuse  and 
indignities,  he  was  unable  to  obtain  any  legislation  on  the 
subject;  and  the  answers  of  the  Chinese  merchants  so  far 

285 


CALIFORNIA 

exceeded  hi?  message  in  logic  and  dignity  that  many 
Californians  resented  the  position  in  which  their  governor 
had  placed  them.  On  March  9,  1853^  five  members  of 
the  Committee  on  Mines  and  Mining  Interests — James  H. 
Gardner,  T.  T.  Cabaniss,  Benjamin  B.  Redding,  R,  G. 
Reading,  and  Patrick  Cannay — ^presented  a  report  which 
indicated  that  among  legislators  at  least  there  was  a 
reaction  in  favor  of  the  inoffensive  race  that  had  played 
so  important  a  part  in  developing  the  industries  and 
resources  of  the  state. 

Their  report  asserted  that  there  were  twenty-two 
thousand  Chinese  in  California,  mostly  from  the  Canton 
district.  They  had  divided  themselves  into  four  de- 
partments, representing  that  district.  Each  department 
had  a  house  in  San  Francisco  presided  over  by  two  men 
who  were  elected  by  the  department  in  the  state.  All 
coolies  that  came  to  the  country  were  under  the  super- 
vision of  these  houses,  and  were  not  allowed  to  leave  the 
country  until  debts  were  settled.  In  sickness  they  were 
given  care  in  hospitals  in  Chinatown,  and  in  the  same 
district  all  legal  matters  were  attended  to  without  refer- 
ence to  the  California  courts.  The  heads  of  these  houses, 
men  that  stood  high  in  the  estimation  of  all  reputable 
San  Francisco  business  men,  had  appeared  before  the 
committee  and  stated  that  the  original  practice  of  bringing 
coolies  to  the  coimtry  under  contract  to  labor  for  em- 
ployers had  been  abandoned;  most  of  them  now  came  as 
their  own  masters  and  with  their  own  means;  some  had 
borrowed  money  and  pledged  their  property;  some  had 
agreed  to  give  the  proceeds  of  their  labor  for  a  certain  time ; 
others  had  pledged  their  children  to  be  owned  as  slaves 
in  case  of  non-payment.     They  estimated  the  Chinese 

286 


THE    CHINESE    IN    CALIFORNIA 

capital  in  the  state,  other  than  that  employed  in  mining, 
at  two  miUions  of  dollars. 

There  was  much  palaver,  and  then  the  matter  was 
dropped  for  a  time,  although  Bigler  in  his  successive 
messages  took  occasion  to  scold  the  legislature  for  doing 
nothing  to  arrest  Chinese  immigration;  and  the  small 
boy,  and  sometimes  his  father,  continued  to  stone  China- 
men in  the  streets  or  pull  his  pigtail  when  the  mood  was 
on  him.  Weller,  the  fourth  governor,  in  response  to  a 
petition  for  aid  from  Shasta  County  to  put  down  an  anti- 
Chinese  riot,  sent  a  hundred  and  thirteen  rifles,  and  the 
message  that  the  spirit  of  mohocracy  must  be  crushed 
at  no  matter  what  cost  of  money  or  blood. 

Governors  Latham  and  Downey  do  not  seem  to  have 
taken  any  stand  on  the  subject,  probably  because  it  was 
engidfed  in  the  all-absorbing  war;  but  Governor  Stanford 
in  1862  took  as  positive  a  stand  against  the  Chinese  as  the 
first  governor  had  done,  maintaining  that  Asia  sent  us  the 
dregs  of  her  population  and  that  immigration  should  be 
discouraged  by  every  legitimate  means.  Governor  Low, 
with  more  independence — for  the  Chinese  antipathy  was 
increasing  daily  and  had  been  made  an  issue  in  the  recent 
campaign — "took  strong  ground  against  the  illiberal  and 
barbarous  provisions  of  the  law  excluding  Mongolian  and 
Indian  testimony  from  the  courts  of  justice  where  a  white 
person  was  a  party." 

Governor  Haight,  in  his  message  of  December,  1869, 
alluded  to  Chinese  immigration  in  the  choicest  English 
incorporated  in  our  democratic  vocabulary:  "The"  Chi- 
nese," said  he,  "are  a  stream  of  filth  and  prostitution 
pouring  in  from  Asia,  whose  servile  competition  tends  to 
cheapen  and  degrade  labor."    He  also  declared  Chinese 

19  287 


CALIFORNIA 

testimony  to  be  utterly  unreliable,  but  in  the  next  breath 
announced  himself  in  favor  of  "the  removal  of  all  barriers 
to  the  testimony  of  any  race  or  any  class  as  a  measure  not 
simply  of  justice  but  sound  policy." 

Governor  Booth's  remarks,  which  might  have  been 
written  yesterday,  are  worth  quoting : 

It  may  be  true  that  the  interests  of  capital  and  labor  are  the  same 
[said  he] ;  but  in  practice  each  is  prompted  by  self-interest,  and  avails 
himself  of  the  other's  necessities;  and  any  system  that  introduces  a 
class  of  laborers  whose  wages  are  exceptionally  low  gives  capital  an 
advantage;  and  in  so  far  as  it  has  a  tendency  to  establish  a  fixed  line 
of  demarcation  between  capital  and  labor  and  create  a  laboring  caste, 
it  is  a  social  and  poUtical  evil.  But,  however  this  may  be  and  what- 
ever the  course  of  action  the  federal  government,  which  has  exclusive 
control  of  the  subject  of  Asiatic  immigration,  may  take  in  relation  to 
it,  there  is  but  one  thing  to  do  in  reference  to  the  Chinese,  and  that 
is  to  afford  them  full  and  perfect  protection.  Mob  violence  is  the 
most  dangerous  form  by  which  the  law  can  be  violated,  not  merely 
in  the  immediate  outrage  committed,  but  in  the  results  which  often 
follow:  commimities  debauched,  jurors  intimidated,  and  courts  con- 
trolled by  the  political  influence  of  the  number  that  are  guilty.  .   .  . 

Romualdo  Pacheco,  who  as  Heutenant-govemor  admin- 
istered for  ten  months  after  Booth  resigned  to  take  his 
seat  in  the  United  States  Senate,  seems  to  have  had  no 
time  to  devote  to  the  question;  but  Governor  Irwin 
opposed  Chinese  immigration  in  1875.  By  this  time, 
however,  the  opinion  of  a  governor  on  this  vital  subject 
counted  for  little  save  as  it  affected  his  chances  of  election. 
It  was  become  the  especial  prerogative  of  the  mob  agitators. 

Periodically  labor  is  disgraced  and  crippled  by  agitators 
whose  only  ambition  is  a  Utopian  condition  in  which  they 
can,  after  looting,  loaf  for  the  rest  of  their  Hves,  and  whose 
shibboleth  is  the  brotherhood  of  man.  The  mass  of 
laborers,  unionist  or  otherwise,  go  about  their  business, 
protect   themselves   by   well-thought-out   methods,   and 


THE    CHINESE   IN   CALIFORNIA 

possess  brains  enough  to  realize  that  all  changes  must 
evolve  slowly;  if  radically,  the  result  will  be  mob  rule 
and,  its  inevitable  sequence,  a  dictator — and  a  reversion 
to  first  principles  after  the  destruction  of  all  that  steady 
progress  has  achieved.  But,  as  in  every  other  class,  there 
are  thousands  without  brains,  and  these  are  easily  manipu- 
lated when  conditions  have  arisen  that  present  a  striking 
opportunity  to  those  of  their  number  that  live  without 
work. 

In  the  '70's,  when  everybody  was  excited  and  enormous 
fortimes  were  being  made  in  the  Virginia  City  mines — 
many  on  paper,  as  the  events  proved,  for  few  were  wary 
enough  to  sell  before  it  was  too  late — ^agitators  in  San 
Francisco  began  holding  meetings  in  empty  sand-lots  on 
the  outskirts  of  the  town  and  shouting  that  it  was  time 
for  the  rich  to  disgorge  in  favor  of  his  superior  in  all  the 
virtues,  the  day-laborer;  that  no  man  should  be  permitted 
to  own  more  than  a  few  acres  of  land.  But  this  was  a 
mere  preliminary  skirmish.  They  were  quite  willing  to 
appropriate  all  the  capital  in  the  state ;  but  as  that  drastic 
measure  presented  difficulties  they  concentrated  on  the 
unfortunate  Mongolian.  This  was  the  easiest  way  of 
currying  favor  with  the  masses  during  that  era;  it  was  the 
war-cry  of  the  politicians  after  votes,  and  the  stock  in 
trade  of  the  agitators.  And,  as  has  been  pointed  out, 
the  temperature  of  the  '70's  was  high.  Everybody  was 
excited  about  something  all  the  time,  or  if  he  enjoyed  a 
brief  respite  he  feared  that  he  was  worn  out. 


XXI 

"the   CHINESE   MUST  GO" 

Dennis  Kearney,  a  drayman,  who  had  arrived  in  Cali- 
fornia in  1868  and  nattiralized  in  1876,  soon  became  the 
most  conspicuous  of  the  sand-lot  agitators.  He  was  a 
man  of  some  natural  ability,  and,  although  without  edu- 
cation, bright  enough  to  pick  up  a  large  amoimt  of  useful 
knowledge.  As  he  had  that  mystic  quality  known  as 
personality,  and  made  the  most  noise  denouncing  capital, 
monopoly,  and  the  Chinese,  he  rose  rapidly  to  the  leader- 
ship of  the  most  serious  labor  agitation  in  the  history  of 
California.  There  were  nightly  meetings  in  the  sand- 
lots,  lighted  by  torches  when  the  moon  was  too  young  or 
the  familiar  fog  drifted  over  Twin  Peaks,  at  all  of  which 
an  enormous  amount  of  talking  and  hissing  and  shouting 
was  done;  but  the  first  overt  act  which  called  out  the 
police  was  in  July,  1877.  News  had  come  over  the  wire 
of  socialistic,  labor,  and  railroad  riots  at  Philadelphia, 
Baltimore,  and  Pittsburg;  and  Kearney  &  Co.  had  little 
difficulty  persuading  the  lighter  heads  among  the  working- 
men  as  well  as  the  hoodlums  (successors  to  the  Hounds 
in  intention,  although  less  criminal  in  act)  that  these 
agitations  "back  East"  were  but  the  forerunners  of  a 
national  revolution  that  would  give  the  country  once  for 
all  to  the  labor  party. 

On  July  23d  a  band  of  choice  spirits  burned  a  Chinese 

290 


*'THE    CHINESE    MUST    GC 

laundry  and  sacked  several  others.  Then  the  "Sand- 
lotters ".  indulged  in  a  grand  parade,  shouting  that  they 
would  drive  the  Chinese  out  of  San  Francisco  if  they  had 
to  hum.  all  Chinatown  to  do  it.  The  police  force  of  the 
city  numbered  one  hundred  and  fifty,  totally  inadequate 
to  cope  .with  such  a  mob.  San  Francisco  was  for  the 
most  part  built  of  wood.  Quite  apart  from  the  burning 
of  Chinatown,  situated  in  the  heart  of  the  business  dis- 
trict, if  the  agitators  saw  fit  to  fire  houses  simultaneously 
at  different  points  and  then  were  able  to  obstruct  the 
fire  brigade,  the  city  would  bum  to  the  ground. 

Once  more  William  T.  Coleman  was  the  man  of  the 
hour.  In  response  to  the  general  demand  he  organized 
on  July  •24th  a  strong  force  of  volunteers  to  be  called  the 
Committee  of  Safety.  The  mimicipal  government,  al- 
though corrupt  enough,  was  far  better  than  that  of  1856, 
thanks  to  the  Vigilance  Committee,  and  it  was  not  neces- 
sary to  interfere  with  the  police  force,  merely  to  supple- 
ment it. 

Seventy  thousand  dollars  were  subscribed,  and  thou- 
sands of  citizens  enrolled  themselves  at  Horticultiural 
Hall,  the  Committee's  headquarters,  on  the  comer  of 
Stockton  and  Post  streets.  Mr.  Coleman  was  supported 
by  the  United  States  Government,  and  provided  with  all 
the  arms  he  demanded;  five  war-ships  came  down  from 
Mare  Island  and  anchored  in  the  bay.  All  this  within 
forty-eight  hours,  and  due  primarily  to  the  state  and 
national  reputation  that  Mr.  Coleman  had  acqmred 
during  his  administration  of  the  Vigilance  Committee 
of  1856. 

He  organized  and  enrolled  with  the  simple  direct 
methods  he  had  employed  twenty  years  before.    But  he 

291 


CALIFORNIA 

had  no  intention  of  spilling  any  blood  if  it  could  be  avoid- 
ed. The  firearms  were  stacked  to  be  used  if  all  other  re- 
sources failed.  He  ordered  the  purchase  of  six  thousand 
hickory  pick-handles,  and  before  the  night  of  the  5th  the 
volunteers  had  been  formed  into  companies  armed  with 
these  formidable  weapons  and  ready  to  reinforce  the 
police.  They  became  known  as  the  Pick-handle  Brigade- 
Only  fifteen  hundred  went  on  duty  that  night,  but  there 
was  a  total  force  of  five  thousand  members,  who  would 
have  reached  Horticultural  Hall  a  few  minutes  after  the 
tap  of  the  alarm-bell. 

Of  the  fifteen  hundred  on  duty  there  were  three  hun- 
dred cavalry  that  patrolled  the  manufacturing  districts 
and  the  outskirts  of  the  city.  There  were  also  squads  of 
police  in  boats  along  the  water-front. 

No  one  slept  that  night,  and  few  but  expected  to  see 
the  city  in  flames  before  morning,  in  spite  of  the  universal 
confidence  in  Mr.  Coleman;  for  the  rioters  were  known 
to  number  many  thousand,  most  of  whom  no  doubt  were 
drunk.  The  large  force  of  volunteers  at  the  disposal  of 
the  Committee  was  still  a  secret.  The  result  should  have 
reassured  San  Franciscans  once  for  all  that  when  the 
strong,  quick-thinking,  self-reliant,  and  totally  fearless 
men  of  that  almost  isolated  strip  on  the  edge  of  the 
Pacific  rouse  themselves,  use  their  brains  and  superior 
powers  of  organization,  they  will  put  down  the  worst 
form  of  mob  violence  that  could  threaten  their  city.  They 
may  sacrifice  blood  and  money,  but  they  will  do  the 
work.  There  is  always  a  WilUam  T.  Coleman,  a  man 
of  the  hour. 

But  it  was  a  wild  night.  All  day  there  had  been  en- 
counters between  the  police  and  the  mob.    Thousands 


'THE    CHINESE    MUST    GO" 

of  people,  women  as  well  as  men,  stood  in  the  streets  on 
the  long  uneven  ridge  known  as  Nob  Hill,  where  so  many 
of  the  hated  rich  had  built  their  big  ugly  houses  (only  the 
size  could  have  excited  envy  in  the  least  artistic  mind) 
staring  down  upon  that  large  flat  district  once  known  as 
Happy  Valley;  then  for  a  time  very  fashionable,  with 
substantial  homes  surrounded  by  gardens  on  Brannan 
Street,  Folsom  Street,  and  on  Rincon  Hill  closer  to 
the  bay;  now  known  generically  as  South  of  Market 
Street,  and  given  over  to  factories,  the  dwellings  of 
the  laboring  -  class,  cheap  lodging-houses,  and  cheaper 
shops.  It  is  bounded  on  the  east  and  south  by  the 
docks. 

At  any  moment  the  crowd  on  the  hilltops  expected  to 
see  one  or  all  of  the  factories  and  dockyards  burst  into 
flames,  and  then  a  black  mass  of  men  surge  forward  like 
a  tidal  wave  to  the  hills.  All  were  prepared  to  break 
ranks  and  flee  to  the  Presidio  and  Black  Point  at  the  first 
sign  that  the  Committee's  troops  had  been  overcome  by 
the  mob. 

Suddenly  they  did  see  flames.  They  leapt  from  the 
lumber-yards  near  the  Pacific  Mail  Steamship's  docks  at 
the  foot  of  Brannan  Street,  where  the  Chinese  immi- 
grants were  landed;  and  the  roar  of  the  mob  came  faintly 
to  the  watchers  on  the  hills.  The  fire-bells,  which  were 
a  familial-  sound  in  those  days  of  wood  and  carelessness, 
rang  wildly,  sounding  a  general  alarm.  Almost  immedi- 
ately the  flames  were  extinguished.  Not  a  red  tongue 
anywhere  else;  there  had  been  far  worse  fires  in  that  dis- 
trict on  many  other  nights. 

Then  some  one  came  running  up  with  the  word  that 
the  Pick-handle  Brigade  was  administering  heavy  chastise- 

293 


CALIFORNIA 

ment  to  the  rioters.  The  angry  roar  below  grew  in  vol- 
ume, but  only  a  few  shots  punctuated  it.  Finally  the 
uproar  subsided,  save  for  an  occasional  drunken  shout. 
South  of  Market  Street  went  to  bed  utterly  routed  by 
the  hickory  sticks,  and  having  let  no  blood  to  speak  of. 
The  watchers  on  the  heights  also  dispersed,  vowing  to 
erect  a  statue  to  William  T.  Coleman,  a  vow  which,  with 
characteristic  American  ingratitude,  they  promptly  for- 
got. 

The  mob  was  cowed,  defeated.  On  the  day  following 
what  had  promised  to  be  a  portentous  uprising  of  the  pro- 
letariat, the  working-men  went  sullenly  to  their  jobs,  or 
himg  about  in  groups  with  no  fight  in  them.  This  was  a 
magnificent  demonstration  of  what  can  be  accomplished 
in  a  republic  by  the  superior  class  of  citizens  over 
demagogues  and  their  mistaken  followers  —  and  the 
lawless  element  of  a  city;  a  vastly  different  thing 
from  the  tyrannies  of  European  states  ruled  by  mili- 
tarism. In  republics  agitators  merely  lie  for  their  own 
purposes  when  they  assert  that  all  men's  chances  are 
not  equal;  cream  will  rise  to  the  top  until  the  day  of 
doom. 

The  Committee  of  Safety  disbanded  for  the  moment, 
but  its  members  had  been  so  thoroughly  disciplined,  even 
in  the  short  period  of  its  existence,  that  they  could  be 
called  together  at  the  tap  of  the  bell.  Thanks  were  for- 
warded to  Washington,  and  the  marines  and  sailors  asked 
permission  to  parade  through  the  city  before  returning 
to  Mare  Island.  Permission  was  given  willingly,  and 
they  were  an  impressive  and  significant  sight,  especially 
for  "South  of  Market  Street." 

But  the  times  were  hard.    Hundreds  of  men  were  out 

294 


**THE    CHINESE    MUST   GO*' 

of  work.  Cowed  as  they  were,  their  passions  had  been 
roused;  they  had  had  a  taste  of  red  blood,  and  they  still 
were  grist  for  the  mill  of  the  demagogue. 

It  was  then  that  Dennis  Kearney  organized  what  he 
named  the  Working-man's  Party  of  California — the  W. 
P.  C. — but  what  the  people  of  San  Francisco  promptly 
nicknamed  the  Sand -lot  Party.  Every  Sunday  after- 
noon those  in  work  and  those  idle  from  necessity  or 
choice  gathered  once  more  in  the  sand-lots  and  listened 
to  Kearney  demand  the  blood  of  the  rich,  the  hanging  of 
William  T.  Coleman  and  his  "hoodlum  Committee  of 
Safety,"  the  police,  the  municipal  officials,  and  certain 
specified  capitalists  whose  mansions  on  Nob  Hill  (hap- 
pily obliterated  by  the  fire  of  1906)  they  would  bum  to 
the  ground.  He  predicted  that  in  one  year  there  would 
be  twenty  thousand  laborers  in  San  Francisco  armed  with 
muskets  and  able  to  defy  the  United  States  army.  In 
another  flight  he  predicted  for  San  Francisco  the  fate  of 
Moscow.  But  this  was  merely  talk,  talk,  talk.  Not 
one  of  his  audience  bought  a  musket  or  even  reconnoit- 
ered  Nob  Hill.  But  the  better  class  of  these  working- 
men,  alarmed  by  the  continued  hard  times,  and  disgusted 
by  the  colossal  fortimes  made  by  men  no  better  than 
themselves  and  no  higher  in  the  social  scale,  who  now 
ignored  their  existence,  doing  nothing  to  relieve  their 
anxieties  or  privations,  were  in  a  mood  to  do  something 
concrete.  The  W.  P.  C.  grew  larger  daily  with  the 
spectacular  Kearney  (in  whom  it  still  had  confidence)  as 
president;  John  D.  Hay,  vice-president;  and  H.  L. 
Knight,  secretary. 

As  is  customary  with  new  parties  laboring  under  real 
grievances,  they  vowed  themselves  to  an  infinite  number 

295 


CALIFORNIA 

of  impossible  reforms.     The  principles  of  the  association 
were  formulated  as  follows: 

To  unite  all  poor  men  and  working-men  and  their  friends  into  one 
political  party  for  the  purpose  of  defending  themselves  against  the 
dangerous  encroachments  of  capital  on  the  happiness  of  our  people  and 
the  liberties  of  our  country;  to  wrest  the  government  from  the  hands 
of  the  rich  and  place  it  in  those  of  the  people,  where  it  properly  be- 
longs; to  rid  the  country  of  cheap  Chinese  labor  as  soon  as  possible; 
to  destroy  the  great  money  power  of  the  rich — and  by  all  means  in 
our  power  because  it  tends  still  more  to  degrade  labor  and  aggrandize 
capital ;  to  destroy  land  monopoly  in  our  state  by  a  system  of  taxation 
that  will  make  great  wealth  impossible  in  the  future. . . .  The  rich  have 
ruled  us  until  they  have  ruined  us.  We  will  now  take  our  own  affairs 
into  our  own  hands.  The  republic  must  and  shall  be  preserved,  and 
only  working-men  can  do.  it.  Our  shoddy  aristocrats  want  an  emperor 
and  a  standing  army  to  shoot  down  the  people. 

These  sentiments  and  resolutions  were  uttered  in  1877, 
but  they  have  a  striking  family  likeness  to  the  soap-box 
utterances  of  19 14.  The  interval  is  thirty-seven  years. 
Even  yet  the  working-class  has  not  learned  that  its  agi- 
tators seek  to  benefit  no  one  but  themselves.  If  ever  a 
leader  arises  among  them  both  selfless  and  capable  they 
will  be  a  mighty  force  to  reckon  with,  but  so  far  their 
leaders  have  proved  themselves  to  be  merely  the  more 
sharp  and  cunning  men  of  their  class,  gifted  with  the 
plausible  tongue,  some  talent  for  organizing,  and  a  com- 
manding talent  for  extracting  money  and  living  at  ease. 

Even  Dennis  Kearney,  poseur  as  he  was  and  ignorant 
of  history,  soon  discovered  that  he  must  bestir  himself 
and  do  something  besides  vituperate  if  he  would  hold 
his  position  as  leader  of  a  large  body  of  men  that  were 
beginning  to  think.  Each  of  these  men  had  a  vote. 
The  W.  P.  C.  must  make  itself  felt  in  the  composition 
9,n4  then  upon  the  performances  of  the  next  legislature, 

296 


THE    CHINESE    MUST   GO 


J  ♦ 


He  invented  the  phrase  "The  Chinese  must  go,"  and 
it  became  the  shibboleth  of  the  working-man's  party, 
although  the  Chinese  were  but  one  of  its  grievances.  On 
October  i6th  one  leading  newspaper  of  San  Francisco 
published  a  long  manifesto  from  Kearney  demanding  the 
expulsion  of  the  Chinese.  It  was  written  in  his  charac- 
teristic style — that  is  to  say,  the  style  of  his  sort.  Not 
one  of  these  agitators  since  time  began  has  displayed  the 
slightest  originality. 

Congress  [said  he]  has  often  been  manipulated  by  thieves,  specula- 
tors, land-grabbers,  bloated  bond-holders,  railroad  magnates,  and 
shoddy  aristocrats  [sic!];  a  golden  lobby  dictating  its  proceedings. 
Our  own  legislature  is  little  better.  The  rich  rule  them  by  bribes. 
The  rich  rule  the  country  by  fraud  and  cunning,  and  we  say  that 
fraud  and  cunning  shall  not  rule  us.  The  reign  of  bloated  knaves  is 
over.  The  people  are  about  to  take  their  affairs  into  their  own  hands, 
and  they  will  not  be  stopped  either  by  "citizen"  vigilantes,  state 
militia,  or  United  States  troops. 

It  has  long  been  the  wise  policy  of  the  United  States 
and  England  to  let  agitators  "talk  their  heads  off,"  and 
the  press  is  always  willing  to  give  them  space  if  they  are 
sufficiently  spectacular.  News  is  news.  For  the  mo- 
ment the  sand-lotters  confined  their  explosions  to  the 
sand-lots,  the  police  winked,  the  papers  gave  them  head- 
lines, the  citizens  began  to  feel  bored,  and  Mr.  Coleman 
was  not  the  man  to  sound  the  alarm-bell  unless  life  and 
property  were  menaced.  In  consequence  the  W.  P.  C. 
came  to  the  conclusion  that  they  had  intimidated  the 
enemy  and  were  now  strong  enough  to  take  possession 
of  the  city.  But  some  had  a  lively  remembrance  of  those 
fifteen  hundred  hickory  sticks,  and  in  conference  it  was  re- 
solved to  "go  slow"  at  first;  so  they  merely  stoned  China- 
men when  no  policeman  was  on  the  beat,  burned  laundries 

297 


CALIFORNIA 

in  the  night,  and  continued  to  inveigh  against  the 
rich. 

But  memories  are  short  and  blood  becomes  hotter  and 
hotter  when  inflamed  with  talk  and  potations.  There 
was  a  moderate  faction  that  advocated  a  constitutional 
convention  and  subsequent  legislation  to  remedy  all  evils ; 
but  there  were  many  more  (augmented  by  the  hoodlums) 
who  finally  worked  themselves  up  to  a  point  where  only 
an  immediate  demonstration  against  the  rich  would 
lower  their  temperature.  It  was  on  October  28th  that 
this  faction  was  persuaded  by  Kearney  to  give  the  "blood- 
suckers" an  object-lesson  of  their  power  to  take  posses- 
sion of  San  Francisco  whenever  they  chose.  Some  three 
thousand  marched  up  to  Nob  Hill,  shouting  that  the 
Chinese  must  go,  and  the  rich  as  well.  They  also  gave 
to  the  winds  their  ultimate  determination  to  demolish  the 
big  houses  recently  built  by  the  railroad  magnates — Crock- 
er, Stanford,  and  Hopkins — as  well  as  those  of  Haggin, 
Tevis,  Colton,  and  others  who  had  indulged  in  the  heinous 
and  un-American  crime  of  making  money. 

When  the  mob  reached  the  "spite  fence"  that  Mr. 
Charles  Crocker  had  bmlt  about  an  unpurchasable  bit 
of  land  in  the  rear  of  his  "palatial  residence,"  Dennis 
Kearney  mounted  a  wagon  and  shouted  to  the  world  at 
large  that  he  had  thoroughly  organized  his  party  and  that 
he  and  his  men  would  march  upon  these  Nob  Hill  mag- 
nates and  plunder  the  city  just  as  soon  as  they  felt  like 
it.  He  would  give  the  Central  Pacific  Railroad  just  three 
months  to  discharge  its  Chinamen  (who,  by  the  way, 
had  been  largely  instrumental  in  building  the  road,  the 
white  man  objecting  to  separation  from  his  family,  and 
preferring   jobs  involving  less  hardship),  and   that   if 

298 


''THE    CHINESE    MUST    GO*' 

Stanford  did  not  attend  personally  to  this  detail  he  must 
take  the  consequences.  He  denounced  and  threatened 
Crocker  in  similar  terms,  and  then,  in  the  good  old  fash- 
ion, proceeded  to  call  every  capitalist  by  name  and  de- 
noimce  him  as  a  thief,  a  murderer,  a  bloated  aristocrat, 
etc. 

There  was,  of  course,  an  understanding  between  the 
police  and  the  leaders  of  this  mob,  for,  although  the 
guardians  of  the  city  were  out  in  force,  they  did  not  break 
up  the  march  nor  interfere  with  the  speeches.  When 
Kearney  and  his  cabinet  had  talked  themselves  hoarse 
the  crowd  marched  back  to  South  of  Market  Street, 
merely  emitting  an  occasional  "The  Chinese  must  go." 

After  two  or  three  more  of  these  demonstrations,  how- 
ever, the  city  authorities,  realizing  that  the  citizens  were 
becoming  alarmed,  determined  to  make  a  display  of  re- 
sentment and  force.  Kearney,  while  vociferating  on 
Barbary  Coast,  was  arrested  and  jailed.  As  it  was  ex- 
pected that  an  attempt  would  be  made  to  rescue  him,  the 
militia  was  called  out.  Chinatown,  which  was  tmcom- 
fortably  close  to  the  jail,  appealed  to  the  mayor  for 
protection  and  barricaded  its  flimsy  houses.  Nothing 
happened,  however,  as  is  always  the  case  when  the  au- 
thorities show  energy  and  decision;  and  during  the  next 
three  or  four  days  several  of  Kearney's  disciples  were 
arrested  while  imitating  his  thunder. 

This  was  as  salutary  for  the  city  as  for  the  W.  P.  C. 
It  proved  that  the  agitators  were  cowards  and  could  be 
relied  upon  to  make  no  war-like  move  unless  inflamed  by 
the  eloquence  of  Mr.  Kearney  at  first  hand.  Naturally, 
he  could  not  harangue  them  from  the  inside  of  the  jail, 
an4  they  let  him  stay  there.    He  and  his  disciples  finally 

»99 


CALIFORNIA 

broke  down,  wept,  protested  that  they  had  meant  no 
harm,  promised  to  call  no  more  mass-meetings  and  lead 
no  more  mobs,  and,  in  fact,  to  do  nothing  to  excite  further 
riot.  So  they  were  forgiven  and  told  to  go  home  and 
behave  themselves.  When  Kearney  emerged  his  own 
dray  was  waiting.  He  was  crowned  with  roses,  heaved 
on  to  it,  and  dragged  to  his  headquarters  by  his  still  en- 
thusiastic supporters. 

Kearney  had  given  a  promise  very  difficult  for  him  to 
keep.  Much  as  he  disliked  jail  and  its  discomforts,  he 
loved  the  limelight  more.  So  he  stimiped  the  state,  pre- 
tending to  talk  the  politics  of  the  new  party,  but  in  reality 
trying  to  organize  a  vast  "army."  The  farmer  and  the 
country  laborer,  however,  sent  him  so  promptly  about  his 
business  that  he  returned  a  trifle  wiser  to  San  Francisco, 
and,  as  he  had  lost  his  influence  with  the  superior  men  of 
the  W.  P.  C,  made  desperate  attempts  to  regain  it.  Ap- 
pear on  the  first  page  of  the  newspapers  and  be  discussed 
at  the  breakfast-table  he  must,  if  life  were  to  be  the 
prismatic  orgie  of  his  paranoiac  dreams. 

His  influence  with  the  superior  men  of  the  W.  P.  C. 
was  gone  beyond  recall,  but  San  Francisco  could  be  relied 
upon  to  furnish  a  respectable  following  of  hoodlums,  vaga- 
bonds, criminals,  and  the  hopelessly  ignorant  of  the  labor- 
ing-class; and  again  he  led  processions,  this  time  to  the 
City  Hall  to  demand  work,  and  harangued  them  in  the 
sand-lots;  he  even  had  a  new  set  of  words  and  phrases 
to  express  his  contempt  of  those  upon  whom  fortime  had 
deigned  to  smile.  No  notice  was  taken  until  he  began 
to  counsel  lynching,  burning  the  docks,  and  dropping 
bombs  from  balloons  into  the  Chinese  quarter. 

Then  the  Committee  of  Safety  reorganized.     The  au- 

300 


''THE    CHINESE    MUST    GO'* 

thorities,  however,  were  now  on  their  mettle  and  prompt- 
ly rearrested  Kearney  and  the  worst  of  the  soap-box 
offenders.  Once  more  these  wept,  promised,  and  were 
discharged.  The  legislature  passed  the  "Gag  law,"  how- 
ever, an  amendment  to  the  penal  code,  by  whose  pro- 
vision such  men  as  Kearney  could  be  sent  to  prison  for 
felony  if  they  continued  to  incite  riots.  It  also  provided 
for  a  larger  police  force.  Kearney,  who  was  well  aware 
that  he  had  been  discharged  twice  because  there  was  no 
law  to  cover  his  offense,  and  send  him  to  San  Quentin, 
was  now  thoroughly  disconcerted,  and  transferred  his 
attentions  to  the  elections  and  the  proposed  constitu- 
tional convention. 

The  working-man's  party  was  now  very  strong — the 
W.  P.  C.  of  San  Francisco  was  reinforced  by  ' '  the  Granger 
party"  of  the  state.  In  November,  1878,  it  elected  a 
senator  to  the  new  legislature,  and  in  March,  at  the  regu- 
lar city  elections,  it  elected  another  senator  and  an 
assemblyman.  In  Sacramento  and  Oakland  it  elected 
its  own  candidates  for  mayor  and  certain  other  official 
positions.  In  a  convention  held  in  January  it  had  adopted 
resolutions  to  sever  all  connection  with  the  Republican 
and  Democratic  parties.  A  new  party  was  in  the  field, 
and  it  began  to  look  formidable.  "The  Chinese  must  go" 
was  its  war-cry. 

The  best  and  wisest  thing  it  did  was  to  expel  Kearney 
from  the  office  of  president  (May  6,  1878),  alleging  that 
he  was  corrupt  and  using  the  organization  to  advance  his 
own  selfish  ends.  This  resulted  in  a  split,  with  Kearney 
at  the  head  of  the  faction  that  admired  his  oratory. 
Moreover,  he  was  a  wiry  little  Irish  fighter,  and  there 
is  ever  a  magic  in  the  oft-reiterated  name.     Kearney's 

301 


CALIFORNIA 

picture,  with  the  familiar  sweater,  collarless,  had  been 
published  in  many  an  Eastern  newspaper.  He  was  still 
a  great  man. 

The  W.  P.  C,  however  split,  was  a  distinct  menace,  and 
an  attempt  was  made  to  fuse  the  Republican  and  Demo- 
cratic parties  to  fight  the  common  enemy.  This  proved 
to  be  impossible  before  1880.  An  act  for  calling  a  con- 
vention to  change  the  constitution  was  due  to  the  strength 
of  the  new  party.  It  passed  the  legislature  April  i,  1878, 
and  was  signed  by  Governor  Irwin. 

The  personnel  of  this  constitutional  convention  was  far 
more  remarkable  and  significant  than  that  of  the  one 
which  created  a  state  in  1849.  On  June  19th  the  election 
for  delegates  resulted  in  78  non-partisans,  including  32 
delegates  at  large;  51  working-men,  including  31  dele- 
gates from  San  Francisco;  11  Republicans;  10  Demo- 
crats; and  two  independents.  There  were  lawyers, 
farmers,  mechanics,  merchants,  doctors,  miners,  jour- 
nalists, school-teachers,  music-teachers,  restaurant-keep- 
ers, and  a  cook. 

The  W.  P.  C.  wing  was  partly  communistic,  partly 
anarchistic.  The  conservative  wing  of  the  convention 
was  said  to  possess  more  men  of  brains,  experience,  and 
ripe  judgment  than  any  assemblage  in  the  history  of  the 
state.  The  thinking  people  were  alive  to  the  danger  to 
their  republican  institutions,  which,  however  faulty,  were 
far  better  than  any  yet  devised  by  man.  They  were  out- 
numbered, but  if  driven  to  extremities  they  meant  to 
make  the  new  constitution  so  radical  that  the  people 
would  not  elect  it.  It  is  not  for  a  moment  to  be  denied 
that  the  corporations  were  represented  among  these  men, 
but  it  must  be  remembered  that  they  believed  it  to  be  a 

302 


''THE    CHINESE    MUST    GO" 

death-struggle,  and  the  "classes"  no  more  could  be  ex- 
pected to  lay  down  their  arms  and  surrender  than  the 
"masses." 

There  is  no  question  that  however  passion  may  have 
blinded  the  men  of  the  laboring-class  and  whipped  them 
on  to  make  absurd  demands  upon  the  impregnable  for- 
tress of  modern  civilization,  they  were  justified  in 
their  fears  for  the  future  of  their  class  on  the  Pacific 
coast  if  no  restraint  were  put  upon  Oriental  immigration. 
The  Chinese  underbid  the  white  man  in  the  shops,  fac- 
tories, railroad-yards,  hotels,  fruit-ranches,  private  houses; 
they  lived  on  rice,  sent  their  wages  to  China,  were  highly 
efficient ;  and  they  were  well  liked  by  employers  not  only 
on  account  of  their  skill  and  industry,  but  because  they 
were  polite,  even-tempered,  and  sober.  Formidable 
rivals,  indeed,  and,  although  the  employer,  particularly 
the  asparagus-raiser  and  the  housewife,  will  always  regret 
them,  it  is  plain  justice  that  in  a  white  man's  country 
the  white  man  should  have  no  rival  but  himself. 

James  Bryce,  in  The  American  Commonwealth,  has  stated 
very  succinctly  the  grievances  presented  by  the  W.  P.  C. 
at  the  convention,  as  well  as  their  achievement. 

THE  GRIEVANCES 

The  general  corruption  of  politicians  and  bad  conduct  of  state, 
county,  and  city  government. 
Taxation,  alleged  to  press  too  heavily  on  the  poorer  class. 
The  tyranny  of  corporations,  especially  railroads. 
The  Chinese. 

THE  RESULTS 

I.  It  (the  convention)  restricts  and  limits  in  every  possible  way 
the  powers  of  the  state  legislature,  leaving  it  little  authority  except  to 
carry  out  by  Statute  the  provisions  of  the  constitution.  It  makes  lob- 
bying (i.  e.,  the  attempt  to  corrupt  a  legislator)  and  the  corrupt  action 
of  the  legislator  felony. 

20  303 


CALIFORNIA^ 

a.  It  forbids  the  state  legislature  or  local  authorities  to  incur  debts 
beyond  a  certain  Umit,  taxes  uncultivated  land  equally  with  the  culti- 
vated, makes  sums  due  on  mortgage  taxable  in  the  district  where  the 
mortgaged  property  lies,  authorizes  an  income  tax,  and  directs  a 
highly  inquisitorial  scrutiny  of  evetybody's  property  for  the  pur- 
poses of  taxation. 

3.  It  forbids  the  watering  of  stock,  declares  that  the  state  has  power 
to  prevent  corporations  from  conducting  their  business  so  as  to  infringe 
the  general  well-being  of  the  state;  directs  that  the  charges  of  tele- 
graph and  gas  companies  and  of  water-supplying  bodies  be  regulated 
and  limited  by  law;  institutes  a  railroad  commission  with  power  to 
fix  the  transportation  rates  on  all  railroads,  and  examine  the  books 
and  accounts  of  all  transportation  companies. 

4.  It  forbids  all  corporations  to  employ  any  Chinese,  debars  them 
from  the  suffrage,  forbids  their  employment  on  any  public  works, 
annuls  all  contracts  for  "coolie  labor,"  directs  the  legislature  to  pro- 
vide for  the  punishment  of  any  company  which  shall  import  Chinese, 
to  impose  conditions  on  the  residence  of  Chinese,  and  to  cause  their 
removal  if  they  fail  to  observe  these  conditions. 

5.  It  also  declares  that  eight  hours  shall  constitute  a  legal  day's 
work  on  all  public  works. 

To-day  these  provisions  of  the  constitution  of  1879  are 
merely  a  curiosity.  It  was  elected  by  the  people  be- 
cause many  voters  were  napping  (as  usual),  but  the  net 
result  for  the  working-man's  party  was  nil,  with  the  ex- 
ception of  the  provision  for  an  eight-hour  working-day. 
When  the  Chinese  were  excluded  it  was  by  the  federal 
government,  and  those  that  remained  in  the  state  were 
always  sure  of  employment;  and  as  a  temporary  fusion 
of  Democrats  and  Republicans  in  1880  drove  the  W.  P. 
C.  out  of  existence,  and  as  clever  lawyers  argued  that 
many  of  the  provisions  of  the  new  instrument  were  un- 
constitutional, and  as,  moreover,  clever  and  more  clever 
men  went  to  successive  legislatures,  the  stronger  con- 
tinued as  ever  to  do  as  they  pleased,  constitution  or  no 
constitution;  and,  as  the  strong  has  done  since  the  be- 
ginning of  time,  used  their  power  to  the  full  for  the  benefit 

304 


"THE   CHINESE   MUST   GO" 

of  their  own  class  and  laughed  at  the  impotent  anger  of 
the  weak.  There  is  no  lesson  so  persistently  taught  by 
history  as  this,  and  it  would  be  well  for  idealists,  Uto- 
pians, socialists,  communists,  single-taxers,  labor-union- 
ists, and  all  the  rest  of  them  to  read  it,  accept  it,  digest  it, 
and  then  either  make  the  best  of  conditions  as  they  are 
or  find  a  leader,  cultivate  their  brains,  let  alcohol  alone, 
avoid  windy  agitators  like  plague-bearing  rats,  sink  petty 
differences,  and  consolidate.  And  the  best  they  may  do 
will  be  as  naught  imless  they  find  a  great  leader. 

This  convention  sat  for  one  hundred  and  fifty-seven 
days.  Of  course  much  time  was  constmied  in  speeches 
on  the  Chinese  exclusion  question.  There  were  excep- 
tional chances  for  oratory.  It  is  to  be  noted  that  a  num- 
ber of  far-sighted  and  liberal-minded  persons  attempted 
to  insert  a  plank  giving  the  suffrage  to  women.  But  they 
were  too  far  ahead  of  their  times,  and  the  motion  was  de- 
feated. Altogether  it  may  be  inferred  that  the  conven- 
tion upheld  the  best  traditions  of  California  in  the  acri- 
monious liveliness  of  its  atmosphere,  the  choiceness  of  its 
invective,  the  absurdity  of  many  of  its  motions,  and  the 
dissatisfaction  and  disgust  of  everybody  concerned.  Of 
course  no  one  got  what  he  wanted  except  the  proletariat, 
and  he  suffered  from  doubts  even  then. 

A  number  of  the  eminent  men  present — ^W.  H.  L. 
Barnes,  Eugene  Casserly,  Samuel  M.  Wilson,  John  F. 
Miller — ^refused  to  sign  the  instrument  at  all,  and  it  is 
probable  that  such  men  as  Judge  Hager,  Henry  Edgerton, 
J.  West  Martin,  James  McM.  Shafter,  J.  J.  Winans, 
wrote  their  names  only  because  they  feared  for  the  fail- 
ure of  the  convention  and  the  election  of  another  with 
an  eyen  worse  personnel. 

305 


CALIFORNIA 

It  is  not  to  be  supposed  that  no  good  laws  were  passed 
by  this  angry  and  desperate  convention.  The  judiciary 
department  was  remodeled,  prison  regulations  were  im- 
proved, convict  labor  was  prohibited,  as  well  as  the  grant- 
ing of  railroad  passes  (another  dead  letter),  the  Univer- 
sity of  California  was  recognized  as  a  public  trust,  to  be 
maintained  by  the  state  and  kept  free  of  all  political  and 
sectarian  control  and  open  to  both  sexes.  The  eight- 
hour  law  was  passed,  proving  the  forerunner  of  a  general 
eight-hour  law.  But  the  attempt  to  "cinch"  capital  ut- 
terly failed. 

In  1879  California  voted  against  further  immigration 
from  China,  the  vote  standing  154,638  to  883.  Pressure 
had  already  been  brought  to  bear  upon  Congress,  and 
on  March  20th  the  Exclusion  Bill  passed.  President 
Hayes  refused  to  sign  it,  as  being  in  conflict  with  the 
Burlingame  Treaty,  which  provided  that  "Chinese  sub- 
jects in  the  United  States  shall  enjoy  entire  liberty  of  con- 
science and  shall  be  exempt  from  all  persecution  and 
disability."  In  1880  a  commission  was  sent  to  Pekin  to 
negotiate  a  new  treaty  permitting  the  restriction  of  im- 
migration. This  treaty  was  ratified  by  the  Senate  in 
March,  1881.  It  gave  the  United  States  the  power  to 
"regulate,  limit,  or  suspend"  the  immigration  of  the 
United  States,  but  not  to  prohibit  it  altogether.  By 
tinkering  at  this  treaty,  employing  the  amendment 
method,  the  Chinese  were  virtually  excluded,  and  the 
conditions  of  re-entry  for  those  already  resident  in  the 
United  States,  who  wished  to  visit  China,  were  so  severe 
and  harassing  that  a  large  proportion  made  no  attempt 
to  return  to  California. 

As  for  Dennis  Kearney,  he  was  (Jispo^4  pf  by  bein^ 


**THE   CHINESE    MUST   GO'* 

made  a  capitalist  in  a  small  way,  and  so  adroitly  that 
no  doubt  he  awakened  one  morning  to  find  himself  no 
longer  famous,  but  rich.  I  met  him  shortly  before  his 
death,  and  asked  him  how  he  reconciled  his  present  con- 
ditions with  his  former  socialistic  principles,  and  he  re- 
plied lightly: 

"Oh,  you  know,  somebody  has  to  do  the  work.    What's 
the  use?" 


XXII 

LAST   PHASES 

All  things  being  relative,  San  Francisco  for  some  fifteen 
or  twenty  years  after  the  housecleaning  given  it  by  the 
Vigilance  Committee  of  1856  was  a  peaceful  and  decent 
city.  But,  as  ever,  its  citizens  ceased  to  be  alert  to  any 
but  their  personal  affairs,  particularly  during  the  Corn- 
stock  madness;  and,  logically,  the  body  politic,  unpro- 
tected by  renewed  vaccination,  fell  an  easy  prey  to  the 
insidious  and  venomous  microbes  of  the  underworld;  and 
before  the  city  realized  that  its  system  was  even  relaxed, 
"run  down,"  it  had  broken  out  virulently  in  several 
places.  Nor  did  the  hostile  swarms  confine  their  activi- 
ties to  the  police,  the  professional  politician,  the  munici- 
pal organs  generally;  eminent  citizens  were  infected — 
and  they  are  still  fumigating  themselves. 

Following  the  denunciations  of  the  Sand-lotters,  which 
no  one  attempted  to  refute  in  toto,  there  was  a  reaction 
in  favor  of  the  upper  classes,  owing  to  the  intemperate 
excesses  of  the  W.  P.  C.  and  the  new  constitution  they 
were  instrumental  in  foisting  upon  California.  But  in 
the  course  of  the  next  fifteen  years  many  besides  the  pro- 
letariat were  awake  and  alarmed  at  the  dangers  threaten- 
ing the  city.  The  Wallace  grand  jury  was  impaneled 
in  August,  1 89 1.  The  exposures  of  this  body,  after  in- 
vestigations made  under  the  greatest  difficulties,  so  se- 

308 


LAST    PHASES 

curely  were  the  malefactors  intrenched,  proved  a  system 
of  wholesale  bribery  and  corruption  by  corporations, 
legislators,  and  supervisors. 

For  some  years  San  Francisco  had  been  dominated  by 
"bosses,"  the  most  notorious  and  shameless  of  whom 
was  "Blind"  Boss  Buckley.  (The  others  are  too  con- 
temptible for  more  than  a  passing  mention.)  All  of  them, 
and  Buckley  in  particular,  were  experts  in  every  form  of 
extortion,  oppression,  and  demoralization  of  their  army 
of  human  tools.  The  investigations  of  the  Wallace  grand 
jury  startled  complacent  San  Francisco,  and  Buckley  fled 
to  return  no  more;  but  there  was  little  improvement  in 
conditions  until  another  sudden  awakening  of  the  civic 
conscience  swept  Mr.  James  D.  Phelan  into  the  mayor's 
chair  in  1897. 

One  of  the  crying  needs  of  San  Francisco  was  a  new 
charter  granting  enlarged  powers  to  the  mayor,  for  the 
exercise  of  which  he  would  be  directly  responsible.  As 
the  case  stood  he  might  be  an  angel  of  light,  but  his  hands 
were  tied;  the  legislature  passed  nearly  all  laws  for  San 
Francisco,  and  behind  that  august  body  of  sea-green 
incorruptibleg  the  "machine"  could  hide  and  shift  re- 
sponsibility as  it  listed. 

Mr.  Phelan  at  once  appointed  a  committee  of  one  hun- 
dred citizens  to  draft  a  charter;  and,  what  was  more  to 
the  point,  he  put  it  through.  It  provided  for  a  respon- 
sible government,  civil-service  reform,  and  home  rule,  and 
declared  for  municipal  ownership  of  those  public  utili- 
ties, light,  water,  transportation,  so  preyed  upon  and  de- 
bauched by  the  municipal  council,  which  had  the  power 
to  fix  the  rates. 

Mr.  Phelan  was  mayor  of  San  Francisco  for  five  years, 

309 


CALIFORNIA 

and,  in  the  estimation  of  any  impartial  student  of  that 
politics-ridden  town,  was  the  ablest  and  most  energetic 
in  her  annals.  It  would  be  an  insult  to  add  that  he  was 
honest  if  he  were  not  a  San  Franciscan,  and  the  tempta- 
tion to  do  so  is  irresistible,  because  California  officials  who 
are  able,  energetic,  and  honest  are  so  rare  that  they  should 
have  at  least  plaster  statues  while  alive;  to  be  bronzed 
over  or  not,  as  an  impartial  and  discriminating  posterity 
shall  advise. 

Mr.  Phelan  stood  firmly  with  the  people  against  the 
bosses,  exposed  the  fraudulent  specifications  of  the  light- 
ing monopoly,  and  saved  the  people  three  himdred  thou- 
sand dollars  a  year;  defended  the  city  from  pillage  at  the 
hands  of  the  supervisors,  among  other  amounts,  divert- 
ing two  million  dollars  from  reaching  their  itching  palms 
by  "blocking  jobs";  raised  the  standard  of  the  pay  of 
laborers  in  the  city's  employ;  and  gave  back  to  San 
Francisco  in  public  gifts  many  times  his  salary  as  mayor. 

Our  rich  men  of  late  years  have  been  so  culpably 
negligent  of  San  Francisco's  interests,  so  long  as  their 
own  have  prospered,  that  too  much  emphasis  cannot  be 
laid  upon  Mr.  Phelan's  sleepless  and  practical  concern  for 
his  city,  quite  apart  from  his  munificent  donations  and 
his  unostentatious  help  to  so  many  in  private  life,  and  his 
presentation  to  the  city  of  the  best  of  its  statues.  His 
father  made  the  fortune  which  he  inherited  and  doubled, 
and  if  he  had  chosen  to  devote  all  his  energies  to  business, 
or  even  if  it  had  been  his  disposition  to  loaf,  no  one  woiild 
have  been  surprised  or  critical.  Nor,  oddly  enough, 
would  he  have  made  one-tenth  of  the  enemies  he  accumu- 
lated while  striving  to  clean  up  San  Francisco.  If  he  had 
been  poor  and  originally  obscure  he  would  have  been  for- 

310 


JAMES    D.    PHELAN 


LAST    PHASES 

given,  for  Americans  seem  to  imderstand  and  forgive 
ambition  and  public  efforts  in  the  impecunious;  but  in 
new  communities,  at  least,  symptoms  of  civic  decency  in  a 
rich  man  are  regarded  with  alarm  as  a  new  and  mysteri- 
ous germ  which  may  prostrate  the  entire  order.  When 
the  symptoms  develop  into  aggression  they  are  for  stamp- 
ing the  traitor  out  of  existence.  All  sorts  of  mean  mo- 
tives are  ascribed  to  him,  the  press  sneers  and  villifies, 
he  falls  a  victim  to  the  cartoonist,  and  only  his  friends 
and  solid  money  respect  him.  If  he  survives  and  pur- 
sues his  undeviating  way  this  phenomenon  is  due  to  two 
causes  only:  his  sta5dng-powers  and  the  basic  common 
sense  of  the  American  people.  As  Abraham  Lincoln 
once  remarked,  "You  can  fool,  etc." 

During  the  last  two  years  of  Mr.  Phelan's  incumbency 
there  were  serious  labor  troubles.  Capital  assumed  a 
hostile  attitude  to  large  bodies  of  working-men  striking 
not  only  for  more  pay,  but  for  recognition  of  the  imion; 
and  labor  in  turn  becoming  still  more  hostile,  the  two 
camps,  even  after  the  "Teamsters'  Strike"  was  settled, 
remained  armed  and  bristling.  The  result  was  the  rise 
of  Abraham  Ruef  and  his  creature,  Eugene  E.  Schmitz. 

Ruef  was  a  little  ferret-faced,  black-eyed  French  Jew, 
of  abilities  so  striking  that  he  could  have  become  one  of 
the  most  respected  and  useful  citizens  in  the  history  of 
San  Francisco  had  he  not  deliberately  chosen  the  "crook- 
ed" r61e.  Sentimentalists  cannot  argue  in  Ruef's  case 
that  "he  never  had  a  chance."  He  was  of  well-to-do 
parents,  he  finished  his  education  at  the  University  of 
California,  graduated  into  the  law,  and  had  a  lucrative 
practice  from  the  beginning.  But  although  his  worst 
personal  indulgence  was  "candy,"  he  was  one  of  the  most 

311 


CALIFORNIA 

innately  vicious  men  this  country  has  spawned,  and  one 
of  the  most  destructive  incubated  by  poor  San  Francisco. 

The  stiff-necked  attitude  of  the  Employers'  Organiza- 
tion, which  denied  labor's  right  to  unionize,  gave  Ruef  his 
opportunity.  He  skilftilly  engineered  his  friend  Schmitz, 
an  imposing,  bluff,  and  hearty  person,  and  a  real  man  of 
the  people,  having  been  a  fiddler  in  a  local  opera  com- 
pany, into  the  mayor's  chair  with  little  or  no  difficulty. 
The  class  line  was  as  sharply  drawn  as  the  earthquake 
fault,  and  the  proletariat  and  his  sympathizers  outnum- 
bered the  others  and  voted  with  entire  independence  of 
party  lines.  They  wanted  a  labor-union  man;  to  his  bias 
otherwise  they  were  indifferent.  This  fine  figurehead  at 
the  prow,  Ruef  began  to  build  up  his  machine. 

The  board  of  supervisors  during  the  first  two  years 
of  the  Schmitz  incumbency  continued  to  be  the  decent 
men  natural  to  Mr.  Phelan's  administration;  for  even 
Ruef,  with  his  brilliant  if  distorted  talents  for  organiza- 
tion, could  not  upset  the  work  of  an  honest  mayor  as 
quickly  as  he  had  hoped.  But  he  went  on  fomenting 
class-hatred  to  his  own  advantage  and  that  of  Schmitz, 
and  simultaneously  they  grew  rich  by  grafting  on  vice, 
forcing  that  class  of  establishments  euphemistically  known 
in  San  Francisco  as  "French  restaurants  "  to  pay  an  enor- 
mous tribute,  under  threat  of  revocation  of  license. 

When  in  the  elections  of  1905  Schmitz  was  found  to 
have  lost  strength  with  the  Labor-union  party,  always 
prone  to  fickleness  and  suspicion,  and  to  have  polled  a 
heavy  vote  in  capitalistic  districts,  citizens  shrugged  their 
shoulders  and  "guessed"  that  the  stories  of  the  Ruef- 
Schmitz  machine,  holding  up  corporations  and  rich  men 
for  large  sums  before  granting  franchises,   were  true, 

319 


LAST   PHASES 

The  Evening  Bulletin,  true  to  its  traditions,  and  edited 
by  Fremont  Older,  of  the  genuine  militant  brandy  had 
been  thundering  for  some  time  against  the  police  board 
and  the  administrative  boards  of  the  machine,  which 
were  making  no  visible  use  of  the  money  raised  by 
taxation  for  specific  purposes.  The  police  board  could 
be  bought  by  any  violator  of  the  law  who  came  to  it  with 
the  price  in  his  hand.  But  the  result  of  the  elections  fur- 
nished Mr.  Older  with  new  and  forked  lightning;  the  heavy 
vote  polled  for  Schmitz  was  in  the  wrong  quarter,  and 
the  board  of  supervisors  were  Ruef's  tools,  chosen  from 
the  dregs  of  the  working-class,  men  with  no  inherited 
ideals  to  give  them  moral  stamina,  and  utterly  unable  to 
resist  temptation  in  the  form  of  the  large  simi  that  would 
fall  to  each  after  Ruef  and  Schmitz,  having  "gouged" 
some  impatient  corporation,  had  divided  the  lion's  share. 
Then  once  more  the  citizens  of  San  Francisco  "sat  up," 
awake  to  the  new  perils  that  threatened  their  battered 
city. 

But  although  the  Ruef-Schmitz  machine  looked  as 
formidable  as  an  invading  horde  of  locusts  in  Kansas, 
and  grew  more  arrogant  every  day,  more  contemptuous 
of  public  opinion,  it  had  its  weak  spots.  Ruef  in  January^ 
1906,  made  the  irretrievable  blunder  of  putting  an  honest 
man  in  office.  Apprehending  that  Schmitz  was  losing  his 
hold  on  the  Labor-union  party,  he  permitted  William  A. 
LangdoUj  superintendent  of  schools,  and  possessing  a  large 
following  in  labor  circles,  to  be  elected  district  attorney. 
When  he  made  the  discovery  that  Mr.  Langdon  was  quite 
honest  and  nobody's  creature,  his  amazement  and  wrath 
would  have  been  ludicrous  if  they  had  not  been  pathetic. 

No  sooner  had  Mr.  Langdon  taken  the  oath  of  office 

313 


CALIFORNIA 

than  he  began  a  series  of  raids  on  the  various  gambling 
institutions  which  paid  a  heavy  tribute  to  the  machine 
but  flourished  nevertheless. 

Of  course,  San  Francisco  has  always  been  a  gambling 
city.  It  is  in  the  marrow  and  brain-cells  of  her  people, 
whether  their  blood  ancestors  were  "Forty-niners"  or 
not,  and  as  there  is  no  evil  out  of  which  good  may  not 
come,  it  is  the  source  of  their  superb  powers  of  bluff, 
their  unquenchable  optimism,  and  their  indomitability 
under  the  most  harrowing  afflictions.  When,  after  the 
earthquake  and  fire  of  1906,  the  world  was  startled  to 
learn  that  the  people  of  San  Francisco  were  planning  to 
rebuild  before  the  ashes  were  cold,  David  Belasco  said 
to  a  reporter,  "The  Calif ornians  are  bully  gamblers!" 

Therefore,  when  Mr.  Langdon  made  it  manifest  that 
he  purposed  to  put  an  end  to  the  industrial  manifestation 
of  the  race  spirit,  there  was  not  only  a  terrific  howl  from 
his  victims,  but  the  well-regulated  citizens  themselves 
were  amazed.  Mr.  Langdon,  however,  paid  as  little  at- 
tention to  one  as  to  the  other.  He  brought  down  the 
heavy  hand  of  the  law  on  the  Emeryville  Race -track 
(the  most  sordid  and  wholly  abominable  in  the  West), 
and  upon  the  slot-machine,  that  lucrative  partner  of  the 
saloon  and  the  cigar-stand.  In  the  ordinary  course  of 
events  he  would  be  crippled  for  funds;  legal  investiga- 
tion and  prosecution  were  necessary,  and  the  coffers  of 
the  city  were  in  the  robber  stronghold.  But  Ruef  had 
discovered  some  time  since  that  there  was  another  dark 
cloud  on  his  horizon  and  that  in  the  middle  of  it  was  a 
star.  And  while  the  star  directed  a  cold  and  hostile 
gleam  on  Mr.  Ruef,  it  was  the  bright  hope  of  the  district 
attorney. 

314 


LAST    PHASES 

Rudolph  Spreckels  it  was  who  proved  to  be  the  nemesis 
of  Ruef.  This  very  remarkable  yoimg  man  had  left  his 
father's  roof  when  a  boy  of  nineteen,  taking  the  part  of 
a  brother  whom  he  believed  to  be  a  victim  of  parental 
injustice.  Then  he  proceeded  to  make  his  own  fortune; 
and,  having  that  special  group  of  brain-cells  which  con- 
stitute the  talent  for  making  money,  he  was,  in  the  course 
of  a  few  years,  one  of  the  richest  men  in  the  commimity. 
Until  1903  business  and  the  enjojmient  of  life  in  a  quiet 
way  occupied  him  fully,  but  by  Abraham  Ruef — ^unwit- 
ting  savior  of  his  city ! — ^his  eyes  were  opened  to  the  needs 
and  perils  of  San  Francisco. 

Ruef,  with  the  serene  confidence  of  the  congenitally 
corrupt  that  every  man  has  his  price,  approached  the 
young  financier  with  a  particularly  abominable  plan  for 
enriching  himself  at  the  expense  of  the  city,  and  Mr. 
Spreckels  suddenly  woke  up.  His  enlightenment  was  com- 
pleted by  Mr.  Phelan  and  Fremont  Older.  He  applied 
himself  to  a  thorough  study  of  existing  civic  conditions, 
and  was  horrified  to  discover  that  for  viciousness  and 
general  rottenness  San  Francisco  could  vie  proudly  with 
the  worst  cities  of  ancient  or  modem  history. 

He  was  emphatically  the  man  for  the  hour.  He  was 
young,  rich,  energetic,  honorable,  implacable,  ruthless, 
and  tenacious.  Mr.  Phelan  could  help  him  with  advice 
and  money,  but  he  had  made  too  many  enemies  among  the 
grafters  of  all  classes  during  his  five  years  as  mayor  to  be 
an  effective  leader.  Mr.  Spreckels  was  greeted  as  a  sort 
of  knight  of  the  Holy  Grail;  for  in  the  beginning,  when  his 
sole  intention  was  to  crush  the  Ruef-Schmitz  machine 
and  imprison  its  chiefs  and  tools,  he  was  acclaimed  by 
^ven  that  capitalistic  class  that  later  accused  him  of 


CALIFORNIA 

every  contemptible  motive  and  trait  revealed  in  the 
course  of  human  history. 

Ruef  also  made  his  investigations  and  discovered  that 
Mr.  Spreckels  had  built  his  fortune  honestly,  and  was, 
therefore,  unbribable.  This,  of  cotuse,  was  before  1906, 
and  when  the  anachronistic  Mr.  Langdon  grasped  the 
reins  carelessly  tossed  him  by  the  idol  of  the  Labor  party, 
it  became  immediately  apparent  that  if  the  machine 
would  not  furnish  the  money  for  the  investigations  and 
reforms  Mr.  Spreckels  would.  Moreover,  Mr.  Phelan, 
Mr.  Older,  and  Mr.  Spreckels  had  seciu-ed  the  services  of 
Attorney  Francis  J.  Heney,  and  induced  President  Roose- 
velt to  give  them  the  services  of  Detective  Burns,  then 
employed  by  the  United  States. 

Then  came  the  earthquake  and  fire  of  April,  1906. 
The  reader  may  remember  that  old  melodrama,  "The 
Silver  King,"  and  the  escaping  convict  who,  watching  the 
train  on  which  he  had  escaped  blazing  from  end  to 
end  with  its  imprisoned  victims — ^he  being  almost  the 
only  survivor^falls  on  his  knees  and  thanks  God.  Pic- 
ture Mr.  Ruef  as  he  watched  San  Francisco  burning.  The 
crippled  millionaires,  including  Mr.  Phelan  and  Mr. 
Spreckels,  would  be  occupied  with  their  own  affairs  for 
years  to  come.  He  and  Schmitz  were  free.  So  profoimd 
a  student  of  human  nature  was  Mr.  Ruef. 

An  hour  or  two  after  the  earthquake,  when  it  became 
apparent  that  a  large  part  of  San  Francisco  would  burn, 
the  pipes  of  the  water  system  being  broken  and  thirty 
fires  having  started  simultaneously,  Mr.  Downey  Har- 
vey, a  grandson  of  the  "War  Governor,"  John  G.  Dow- 
ney, and  himself  a  citizen  of  wealth  and  influence,  went 
^own  to  Mayor  Schmitz's  office  and  suggested  that  im- 

316 


LAST    PHASES 

mediate  measures  be  taken  for  the  protection  of  the  city 
and  the  reHef  of  the  homeless — who  were  already  fleeing 
to  the  Presidio  and  the  hills  beyond  the  city.  Every- 
body on  that  terrible  day  was  either  at  a  pitch  above 
the  normal  or  hopelessly  demoralized.  Schmitz,  being  a 
musician,  had  a  temperament ;  consequently  he  was  in  the 
upper  register.  Morally  supported  by  the  "Committee 
of  Fifty"  that  he  called  together  at  Mr.  Harvey's  sug- 
gestion, he  proved  himself  as  admirable  an  administra- 
tive officer  as  if  life  had  groomed  him  to  be  a  symbol 
of  all  the  civic  virtues.  In  truth,  he  was  a  weak  man  of 
good  intentions^  but  putty  in  the  hands  of  a  tnan  like 
Ruef. 

Mr.  Phelan,  during  the  first  day  or  two,  was  busy  in 
actual  rescue  work  and  in  carrying  dynamite  in  his  car 
for  the  piupose  of  blowing  up  buildings — a  vain  attempt 
to  prevent  the  spread  of  the  fire.  But  he  was  elected 
chairman  of  the  Citizens'  Finance  Committee,  and  to  him 
as  great  a  compliment  was  paid  as  to  Mr.  Coleman  in 
1878.  Congress  voted  a  million  and  a  half  dollars  for  the 
relief  of  San  Francisco,  but  hesitated  to  send  it  via  Ruef- 
Schmitz.  When,  however.  President  Roosevelt  was  in- 
formed that  Mr.  Phelan  had  been  made  chairman  of  the 
Citizens'  Finance  Committee,  he  sent  him  the  money  per- 
sonally. The  President  also  issiied  a  proclamation  direct- 
ing the  people  of  the  United  States  to  send  their  contri- 
butions to  Mr.  Phelan,  chairman  of  the  Citizens'  Finance 
Committee;  and  the  corporation  growing  out  of  this 
committee  received  all  the  supplies  and  approximately 
$10,000,000  in  money. 

Mr.  Phelan  as  well  as  Mr.  Spreckels  and  Mr.  Har- 
vey, and  all  the  other  men  on  the  committee,  neglected 


CALIFORNIA 

their  private  affairs  for  months,  and  the  refugees  were 
housed  on  the  hillsides  either  in  tents  or  cottages,  fed, 
clothed,  and  generally  taken  care  of.  Ruef  accepted  the 
temporary  domination  of  the  committee  with  apparent 
philosophy,  and  himself  opened  an  office  just  beyond  the 
burned  district,  obviously  adjusting  matters  for  his  legal 
clients.  In  reality  he  was  looting  right  and  left,  preying 
upon  the  women  of  commerce,  the  bootblacks,  the  news- 
boys, the  small  shopkeepers,  upon  every  class,  in  fact,  to 
which  his  tentacles  had  reached  during  the  years  of  his 
autocracy. 

But  Mr.  Spreckels  did  not  forget  him  nor  his  ultimate 
object  for  a  moment.  Heney,  when  he  promised  his  ser- 
vices, was  still  engaged  in  exposing  the  Oregon  land  frauds, 
but  he  was  free  in  June.  Then  he  came  to  town,  and  with 
him  Detective  Btuns.  This  was  only  two  months  after 
the  disaster ;  but  although  Ruef  was  surprised,  he  was  not 
particularly  apprehensive;  he  did  not  believe  that  they 
could  make  any  headway  in  the  existing  conditions. 

In  October  siifficient  evidence  of  extortion  in  the  mat- 
ter of  the  French  restaurants  had  been  accumtilated  to 
warrant  District-Attorney  Langdon  announcing  that  a 
general  investigation  would  begin  at  once.  He  appointed 
Mr.  Heney  assistant  district  attorney. 

This  was  six  months  after  the  earthquake.  Men  never 
alluded  to  it  any  more.  The  women  still  talked  nothing 
but  earthquake  and  fire;  but  the  men  talked  only  in- 
surance and  rebuilding.  They  went  about  dressed  in 
khaki  and  top-boots,  exhilarated  by  the  tremendous  call 
upon  their  energies,  and  with  all  the  old  pioneer  spirit 
reincarnated  and  intensified  by  the  consciousness  that 
they  were  about  to  build  a  great  city,  not  merely  using 

318 


LAST    PHASES 

its  site  while  "making  their  pile"  to  dissipate  at  a 
gambling-table  or  carry  elsewhere.  And  this  time  they 
wanted  a  decent  city.  Schmitz,  resting  on  his  labors, 
had  gone  to  Europe,  and  they  had  no  intention  of  re- 
electing him. 

Ruef  was  thoroughly  frightened.  But  he  was  ever  a 
man  of  resource;  he  suddenly  played  one  of  the  boldest 
coups  in  the  history  of  any  city.  Mr.  Langdon  was  off 
campaigning  for  the  governorship;  T.  H.  Gallagher, 
president  of  the  board  of  supervisors,  was  acting-mayor, 
and,  of  course,  a  creature  of  the  Chief.  He  was  ;^ordered 
to  remove  Langdon  from  the  district-attomeyship  on 
the  ground  of  neglect  of  duty  and  appoint  Abraham  Ruef. 
The  city  held  its  breath  and  then  emitted  a  roar  of  indigna- 
tion; it  was  quite  patent  that  San  Francisco  was  not  as 
selfishly  absorbed  as  Mr.  Ruef  had  believed.  The  impu- 
dence of  this  plot  to  dictate  the  personnel  of  the  proposed 
grand  jury  may  be  the  better  understood  when  it  is  re- 
membered that  the  city  had  just  been  informed  officially 
of  Mr.  Ruef  *s  iniquities  and  that  he  would  be  subjected 
to  prosecution.  But  this  attempt  to  balk  justice  was 
summarily  defeated;  Judge  Seawell,  of  the  Superior  Court, 
held  that  as  the  district  attorney  represented  the  people 
as  a  whole,  the  mayor  had  no  jurisdiction  over  him. 

After  this  events  proceeded  rapidly.  On  November 
loth  Judge  Thomas  F.  Graham  appointed  a  grand  jury 
to  investigate  the  condition  of  the  city.  It  was  known  as 
the  Oliver  grand  jury,  Mr.  B.  F.  Oliver  having  been 
elected  foreman.  The  other  members  were:  Maurice 
Block,  C.  G.  Burnett,  Jeremiah  Deasy,  Dewey  Coffin, 
Frank  A.  Dwyer,  E.  J.  Gallagher,  James  E.  Gordon, 
Alfred   Greenebaum,    Morris    A.   Levingston,    Rudolph 

21  319 


CALIFORNIA 

Mohr,  W.  P.  Redington,  Ansel  C.  Robinson,  Christian 
P.  Rode,  Mendle  Rothenberg,  P.  "G.  Sanborn,  Charies 
Sonntag,  Herman  H.  Young,  Wallace  G.  Wise. 

It  will  be  observed  that  five  members  of  the  OHver 
grand  jury  were  of  the  same  race  as  Ruef ;  in  fact,  prac- 
tically every  denomination  was  represented.  Many  of 
these  men  had  close  affiliations  in  the  social  and  business 
world  with  "eminent  citizens"  they  were  forced  later  on 
to  indict;  but  never  did  an  investigating  body  do  its 
work  more  thoroughly  and  impersonally. 

Like  Mr.  Spreckels,  they  met  with  encouragement  at 
first,  their  original  and  avowed  piupose  being  to  "get" 
Ruef,  Schmitz,  and  the  supervisors,  without  whose  consent 
no  franchise  could  be  obtained. 

It  had  been  common  talk  for  at  least  two  years  that 
every  man  and  corporation  with  capital  to  invest  or 
some  new  industry  to  launch  was  "held  up"  by  the  board 
of  supervisors  before  they  could  proceed.  Capital  of  every 
sort  was  grafted  upon  the  moment  it  sought  new  outlets, 
and  rich  men  in  condoling  with  one  another  had  ceased 
to  comment  upon  the  miseries  of  San  Francisco  in 
general.  Therefore,  the  Oliver  grand  jury,  as  well  as 
Mr.  Heney  and  Detective  Burns,  thought  that  it  would 
be  an  easy  matter  to  obtain  affidavits  from  these  dis- 
tingmshed  victims  which  would  go  far  toward  convicting 
the  malefactors.  At  that  time  they  had  not  a  thought 
of  prosecuting  the  "higher-ups."  But,  to  their  amaze- 
ment, the  rich  men,  individually  and  collectively,  swore 
that  they  never  had  been  approached,  never  had  paid  a 
cent  of  graft  money.  In  the  terminology  of  the  hour, 
they  refused  to  "come  through."  It  looked  as  if  the 
grand  jury  could  not  gather  evidence  enough  to  con- 

320 


JUDGE   LAWLOR 


RUDOLPH    SPRFXKELS 


FRANCIS    J.    HENEV 


FREMONT    OLDER 


LAST    PHASES 

vict  the  machine  of  anything  but  the  tribute  levied  on 
vice. 

Then  it  was  that  Mr.  Heney  and  Mr.  Bums  and  his  de- 
tectives changed  their  tactics.  They  offered  immunity 
to  the  supervisors  if  they  would  give  the  information  nec- 
essary to  convict  not  the  bribed,  but  the  bribers.  They 
agreed,  and  the  grand  jury  was  enabled  to  find  indict- 
ments not  only  against  Ruef  and  Schmitz,  but  against 
Patrick  Calhoun,  president  of  the  United  Railroads,  and 
his  manager.  Thorn  wall  Mullaly;  the  finance  committee 
of  the  San  Francisco  Gas  and  Electric  Company;  the 
agent  of  the  Parkside  Realty  Company;  the  Home  Tele- 
phone; the  Pacific  Telephone,  and  the  Prize-fight  Trust. 

It  is  only  possible  here  to  give  a  brief  account  of  the 
two  principal  trials.     To  quote  from  the  Denman  report: 

The  supervisors'  testimony  gave  the  grand  jury  the  facts  as  to  the 
passing  of  the  ordinances,  the  payment  of  the  money  by  Gallagher 
to  various  supervisors,  and  the  payment  of  the  money  from  Ruef  to 
Gallagher.  The  chain  of  evidence,  however,  stopped  at  Gallagher's 
testimony  that  Ruef  paid  him  the  money  in  all  but  the  Pacific  Coast 
Telephone  briberies,  and  no  further  evidence  was  discovered  against 
the  mayor  in  connection  with  the  French  restaurant  extortions.  The 
question  then  arose  as  to  the  advisabiUty  of  treating  with  Ruef  to 
secure  the  evidence  as  to  the  method  by  which  the  moneys  came  from 
the  quasi-public  corporations  ...  it  became  apparent  that  without 
this  man's  testimony  the  many  bribe-givers  whose  enrichment  by  the 
large  profits  of  such  tmdertakings  made  them  equally  if  not  more 
dangerous  to  society,  woiild  not  only  escape  the  penalty  which  was 
their  due,  but  that  even  their  names  would  not  be  discovered  and 
written  in  the  "detinue  book"  of  the  city's  suspicious  characters. 
Besides,  without  Ruef 's  assistance,  the  conviction  of  Schmitz,  with  the 
resultant  change  in  the  mayoralty,  the  police,  and  other  municipal 
boards,  seemed  impossible.  The  district  attorney  had  his  choice  in 
this  dilemma.  He  could  leave  the  mayor  and  his  administrative 
boards  in  power,  discover  nothing  regarding  the  profit-takers  from 
briberies,  and  content  himself  with  a  mere  change  in  the  supervisors 
pud  a  long  term  of  imprisonment  for  Ruef,  or  he  could  reasonably  ex- 

321 


CALIFORNIA 

pect  the  conviction  of  the  mayor,  the  cleaning  up  of  the  city  govern- 
ment, the  obtaining  of  a  complete  revelation  of  the  grafters  "high  up  " 
as  well  as  the  "low  down,"  and  the  possible  conviction  of  some  of 
them.  The  district  attorney  chose  the  latter  alternative  and  bar- 
gained with  Ruef .  ...  A  written  contract  was  finally  signed  whereby 
Ruef  agreed  to  tell  fully  and  unreservedly  all  he  knew  of  the  briberies 
and  to  plead  guilty  to  certain  of  the  French  restaurant  extortion  cases, 
and  the  district  attorney  agreed  to  use  the  power  of  his  office  to  pro- 
cure him  immunity  as  to  the  other  charges. 

Complete  immunity  never  was  promised. 

Schmitz  was  tried  and  found  guilty  on  Ruef's  testi- 
mony, and  convicted  on  June  13,  1907.  He  was  subse- 
quently released  on  a  technicality.  Although  Ruef  had 
pleaded  guilty  to  accepting  bribes  during  his  own  trial, 
he  also  escaped  the  penalty  imder  the  decision  which 
freed  Schmitz. 

Sixteen  supervisors  had  confessed  to  receiving  bribe- 
money  from  their  president,  Gallagher,  who,  of  course,  con- 
fessed that  he  got  it  from  the  Chief.  Ruef  was  again  in- 
dicted and  made  desperate  efforts  to  escape  prosecution, 
including  a  change  of  venue.  All  devices  failing,  he  ran 
away.  His  friends,  the  sheriff,  the  coroner,  and  the  po- 
lice force  failed  to  find  him,  but  an  elisor  named  by  the 
court  tmearthed  him.  It  was  then  that  he  bargained  with 
the  district  attorney. 

But  Ruef,  after  promising  to  "come  through"  (in 
which  case  he  would  have  been  prosecuted  for  the  French 
restaurant  cases  alone),  fell  into  a  panic  as  he  reflected 
upon  the  condign  punishment  stire  to  be  visited  upon 
him  did  he  betray  his  powerful  associates;  he  resolved 
not  to  "snitch" — to  quote  once  more  from  the  elegant 
vocabulary  of  the  moment — ^and  attempted  to  pretend 
confession  while  admitting  nothing. 

But  Heney  was  far  more  agile  of  mind  than  the  now 

322 


LAST    PHASES 

distracted  Ruef.  He  caught  him  lying  and  exposed  him. 
The  immunity  was  canceled,  and  he  was  brought  to  his 
second  trial  in  the  bribery  transactions,  August  26,  1908. 
These  trials — ^financed  by  Rudolph  Spreckels — ^were  con- 
ducted in  Carpenter's  Hall  in  Fulton  Street,  just  beyond 
the  burnt  district,  and  before  Judge  Lawlor. 

The  chief  witness  against  Ruef  was  the  president  of 
the  board  of  supervisors,  T.  H.  Gallagher.  On  April  29, 
1908,  his  house  in  Oakland  was  wrecked  by  dynamite, 
but  the  witness  whose  life  was  sought  survived  and  gave 
his  testimony.  The  man  who  placed  the  bomb  testified 
that  he  was  employed  by  a  henchman  of  Ruef. 

This  attempt  at  murder  had  been  preceded  by  the 
kidnapping  of  Fremont  Older,  whose  thimders  in  the 
Bulletin  had  never  ceased.  Naturally,  statements  crept 
into  those  inflammatory  columns  that  were  not  wholly 
substantiated.  One  day  Mr.  Older  accidentally  printed 
a  libel.  He  made  amends  on  the  following  day,  but  he 
had  given  the  enemies  of  the  prosecution  one  of  the 
chances  for  which  they  had  been  lying  in  wait.  The 
libeled  man  had  Mr.  Older  indicted  in  Los  Angeles.  Mr. 
Older  ignored  the  summons,  knowing  well  that  if  he  went 
to  Los  Angeles  he  would  remain  there  until  the  trials 
were  over. 

On  October  27,  1907,  he  was  lured  by  a  false  tele- 
phone message  into  a  quiet  street  and  forced,  by  several 
men,  into  an  automobile,  which  dashed  through  and  out 
of  the  city.  The  muzzle  of  a  "gun"  was  pressed  against 
Mr.  Older's  side;  but  he  was  wise  enough  not  to  struggle. 
A  south-bound  train  was  boarded  at  a  way-station,  and 
Mr.  Older  shut  up  in  a  drawing-room.  One  of  the  kid- 
nappers was  an  attorney  for  the  United  Railroads,  R. 

323 


CALIFORNIA 

Porter  Ashe,  a  son  of  the  Dr.  Ashe,  friend  of  Terry 
and  other  "Law  and  Order"  men  of  1856,  who  so  bitterly 
opposed  the  Vigilance  Committee. 

The  plot  did  not  succeed.  The  hue  and  cry  was  raised 
by  suspicious  friends  in  San  Francisco,  and  Mr.  Older  and 
his  kidnappers  were  traced.  The  authorities  in  Santa 
Barbara  were  appealed  to,  and  when  the  train  arrived  in 
the  morning  the  party  was  commanded  to  appear  in  court, 
and  Mr.  Older  was  released.  The  net  result  of  this  epi- 
sode was  the  "reform"  of  the  spelling  of  the  word  "kid- 
napped," which,  as  may  be  imagined,  was  overworked. 
It  is  now  spelt — and  presumably  pronoimced — ^by  the 
California  press,  kidnaped. 

In  November,  1908,  an  attempt  was  made  on  the  life 
of  Mr.  Heney.  The  San  Francisco  newspapers,  with  the 
exception  of  the  Bulletin  and  the  Call,  by  this  time  were 
indulging  in  furious  attacks  on  the  various  members  of 
the  prosecution,  and  upon  Heney  in  particular.  The  at- 
tacks were  necessarily  personal,  as  they  would  not  have 
dared  to  defend  Ruef ,  even  had  they  been  so  inclined,  but 
no  doubt  they  were  actuated  by  fear  that  Heney's  hector- 
ing methods  would  surprise  the  names  of  the  "higher- 
ups"  from  the  defiant  Ruef,  now  in  his  third  trial.  Their 
diatribes,  assisted  by  cartoons,  were  held  responsible  for  the 
attempted  murder  of  the  assistant  district  attorney;  but 
the  general  opinion  is  that  the  man  was  a  hired  assassin. 
His  name  was  Haas.  There  was  little  doubt  that  at- 
tempts were  being  made  to  "fix"  the  jury;  and,  as  this 
man  had  boasted  that  he  soon  would  be  able  to  live  in 
luxury,  Heney  succeeded  in  getting  him  off  the  third 
jury  by  exposing  the  fact  that  Haas  had  sojourned  in  a 
State's  Prison  for  forgery.     He  was  altogether  a  miserable 

324 


Copyright  by  Pach  Brothers. 

GOV.    HIRAM   JOHNSON 


I 


LAST    PHASES 

specimen  of  humanity.  On  the  13  th  of  November  he 
slipped  up  behind  Mr.  Heney  in  the  crowded  court-room 
and  fired  a  pistol-bullet  into  his  head,  just  before  his  right 
ear.  Heney's  mouth  happened  to  be  open.  The  ball  passed 
between  the  skull  and  jaw  and  exhausted  its  strength  in 
the  soft  lining  at  the  back  of  the  mouth,  finally  lodging 
in  the  bone  of  the  jaw  on  the  opposite  side. 

There  was  great  excitement  in  Fulton  Street  that  day. 
The  old-time  crowds  were  there,  wrought  up  to  the  point 
of  hysteria,  and  there  was  much  speechmaking  and  talk 
of  l5mching.  But  it  ended  in  no  overt  attempt  to  frus- 
trate the  law,  and  Haas  meanwhile  had  been  rushed  to 
jail  in  an  automobile.  When  searched,  no  other  weapon 
was  discovered,  but  that  night  he  was  found  dead  from  a 
derringer  wound  in  his  head.  Whether  the  derringer  had 
been  concealed  in  his  shoe  or  whether  it  had  been  passed 
to  him  in  his  cell  with  orders  to  use  it,  or  whether  he  was 
miirdered,  will  probably  never  be  known.  He  certainly 
knew  too  much  to  be  permitted  to  stand  the  "third 
degree." 

Heney  was  ill  from  the  shock,  although  his  only  per- 
manent disability  was  deafness  in  one  ear.  The  prose- 
cution of  the  Ruef  case  was  continued  by  Matt  I.  Sulli- 
van and  Hiram  Johnson,  one  of  the  ablest  lawyers  in 
San  Francisco,  and  in  full  sympathy  with  the  prosecution. 

Probably  Ruef  himself  was  not  more  astonished,  when 
he  actually  was  convicted  and  sentenced  to  fourteen 
years  in  the  penitentiary,  than  San  Francisco,  so  long 
accustomed  to  the  miscarriage  of  "justice,"  particularly 
when  the  prosecuted  was  a  rich  man.  But  Ruef,  at  least, 
is  out  of  the  way. 

The  next  sensational  trial  was  that  of  Patrick  Cal- 

32s 


CALIFORNIA 

houn,  a  gentleman  of  variegated  record,  handsome  ap- 
pearance, and  fascinating  personality,  who  had  honored 
San  Francisco  with  his  citizenship  for  several  years  and 
was  now  president  of  the  United  Railroads.  There  is 
no  space  to  devote  to  this  trial,  which  was  spun  out  over 
many  weary  months.  He  wanted  an  overhead  trolley 
system,  and  obtained  the  franchise  from  the  Ruef- 
Schmitz  machine.  His  best  friends  never  denied  in 
private  conversation  that  he  had  paid  over  at  least  two 
himdred  thousand  dollars,  although  he  denied  the  charges 
in  toto  when,  after  indictment  by  the  grand  jury,  he  was 
brought  before  the  bar.  Witnesses  disappeared,  the  jury- 
men were  bribed,  and  copies  of  the  reports  of  the  govern- 
ment's detectives  were  stolen.  It  was  impossible  to  con- 
vict him  legally. 

The  bringing  of  Calhoun  to  trial  was  the  signal  for  a 
disruption  of  society  rivaling  that  caused  by  the  Civil 
War.  So  many  of  the  men  whose  families  composed 
society  were  in  danger  of  a  similar  indictment  that  they 
naturally  herded  together;  and  Mr.  Calhoim  being  a 
social  ornament,  the  wives  were  as  vehement  in  his  sup- 
port as  their  husbands.  Mrs.  Spreckels,  who  enjoyed 
a  brilliant  position  at  Burlingame,  the  concentrated  es- 
sence of  California  society,  suddenly  foimd  herself  an  out- 
sider. So  did  Mrs.  Heney,  who  was  a  member  of  one  of 
the  old  Southern  families.  Mr.  Phelan  also  was  ostra- 
cised; and  the  few  people  of  wealth  and  fashion  that 
stood  by  the  prosecutors  were  for  a  time  in  a  similar 
plight.  One  wife  of  a  suspected  millionaire  and  personal 
friend  of  Calhoun  went  so  far  as  to  demand  the  politics 
of  her  guests  as  they  crossed  her  threshold.  And  among 
all  there  was  a  bitterness  unspeakable. 

326 


LAST    PHASES 

But  although  Calhoun  could  not  be  convicted,  nor  the 
few  others  that  were  brought  to  trial,  the  prosecution  at 
least  accomplished  a  moral  fumigation.  The  first  evi- 
dence of  this  was  the  election  to  the  mayoralty,  after  the 
deposition  of  Schmitz,  of  Dr.  Edward  Robeson  Taylor. 
The  second  was  the  triumphant  personal  campaign  for 
governor  of  Hiram  Johnson.  The  whole  state  had  fol- 
lowed the  trials,  condemned  the  grafters,  and  made  up 
its  mind  to  elect  the  best  men  to  office.  Of  course,  that 
high  pitch  of  enthusiasm  does  not  last ;  and  as  Dr.  Taylor 
refused  to  build  up  a  machine  of  decent  men,  the  next 
mayor  was  an  objectional  person  named  P.  H.  McCarthy. 
He  disgusted  the  Labor  party,  however,  and  they  helped 
to  elect  Mr.  Rolph,  the  present  mayor,  with  whom  all 
parties  are  as  satisfied  as  they  ever  are  with  any  one. 

The  most  interesting  event  which  followed  the  graft 
prosecutions  and  their  direct  results  was  the  passing  of 
the  Woman's  Suffrage  Bill  in  191 1.  Conservative  peo- 
ple and  the  liquor  trust  fought  the  campaign  success- 
fully in  San  Francisco;  but  the  women,  who  had  taken 
motors  and  visited  practically  every  farmer  and  hamlet 
in  the  state,  won  with  the  country  vote.  What  changes 
they  will  make  in  the  moral  conditions  of  the  state  re- 
main to  be  seen,  but  there  is  no  question  that  the  cam- 
paign and  its  encouraging  result  have  awakened  the  minds 
of  the  California  women  and  developed  them  intellectu- 
ally. They  read  better  books,  take  an  interest  in  public 
questions,  quite  ignored  before,  are  making  constant  at- 
tempts to  improve  the  condition  of  the  poor  women  and 
children;  and  at  the  San  Francisco  Center  of  the  Civic 
League  some  great  or  pressing  question  of  the  day  is 
discussed  by  the  best  authorities  obtainable.     Its  weekly 

327 


CALIFORNIA 

meetings  are  patronized  by  hundreds  of  women,  and  all 
men  invited  have  long  since  foimd  it  quite  worth  their 
while  to  attend. 

California,  cleaned  up  as  thoroughly  as  may  be,  is 
flourishing  and  happy,  secure  in  the  fact  that  with  her 
enormous  grain-supply  and  orchards  and  vineyards  and 
cattle-ranges,  her  thousand  healing  springs,  she  never 
can  go  bankrupt,  no  matter  how  hard  the  times,  and 
that  her  perennial  beauties  will  bring  many  hundreds 
of  thousands  of  dollars  into  the  state  annually:  the 
tourist  never  deserts  California,  and  her  winter  cities 
in  the  south  are  always  crowded  by  the  people  of  the 
Eastern  states  that  dread  the  cold  of  their  own  winters, 
and  by  those  from  the  mountain  states  of  the  North- 
west, who  long  for  sea-air  and  low  altitudes.  No  matter 
what  happens  in  the  world  beyond  the  Rocky  Moimtains 
or  the  Pacific  Ocean,  her  orange-groves  bear  their  yellow 
fruit,  her  skies  are  bluer  than  Italy's,  her  people  are  idle 
and  luxurious  and  happy  in  the  warm  abundant  south,  or 
bustling,  energetic,  and  keenly  alive  in  San  Francisco — 
which  is  no  more  California  than  Paris  is  France.  She  is 
the  permanent  resort  of  cranks,  and  faddists,  and  extrem- 
ists, and  professional  agitators  and  loafers,  but  they  are  in 
the  minority  despite  their  noise.  As  a  whole  the  state  is 
one  of  the  most  dependable,  patriotic,  and  honorable  in 
the  Union,  and  has  produced  great  personalities,  eminent 
and  good  men,  and  brilliant  and  gifted  minds  out  of  all 
proportion  to  her  age.  May  the  fools  and  extremists 
never  wreck  her! 


PRUNE-ORCHARD 


WHEAT-FIELU 


Herewith  a  list  of  men  and  women  identified  with  Califor- 
nia's artistic  life: 

Poets — Ina  Donna  Coolbrith,  Joaquin  Miller,  Bret  Harte, 
Charles  Warren  Stoddard,  Edwin  Markham,  Edward  Robe- 
son Taylor,  Luis  Robertson,  Agnes  Tobin,  and  George  Stirling. 

Writers  of  Fiction — Bret  Harte,  Ambrose  Bierce,  William 
C.  Morrow,  Frank  Norris,  Jack  London,  Stewart  Edward  White, 
Herman  Whittaker,  Richard  Tully,  Hermann  Scheffauer, 
Charles  F.  Lummis,  John  Vance  Cheney,  James  Hopper, 
Emma  Francis  Dawson,  Elizabeth  Dejeans,  Elinor  Gates, 
Gelett  Burgess,  Mary  Austin,  John  Fleming  Wilson,  Charles 
Field,  Miriam  Michaelson,  Geraldine  Bonner,  Cora  Miranda 
Older,  Kate  Taylor  Craig,  Lloyd  Osborne,  Esther  and  Lucia 
Chamberlain,  Kathleen  Norris,  Wallace  Irwin,  Chester  Bailey 
Femald,  and  my  humble  self. 

Horace  Annesley  Vachell  spent  several  years  near  San  Luis 
Obespo  and  wrote  a  number  of  California  romances  and  a 
well-known  book  on  California  sports.  Marie  Van  Saanen- 
Algi,  author  of  Anne  of  Treboul,  is  a  great-granddaughter  of 
Josiah  Belden,  of  San  Jos6,  one  of  the  most  notable  of  the 
pioneers. 

Painters  —  William  Keith,  Charles  Rollo  Peters,  Alex- 
ander Haixison,  Frank  McComas,  Jules  Tavemier,  Theodore 
Wores,  Albert  Bierstadt,  Matilda  Lotz,  Clara  McChesney, 
Julian  Rix,  and  Frederick  Yates. 

Actors  of  both  Sexes — Nance  O'Neil,  Mary  Anderson, 
Blanche  Bates,  Katherine  Grey,  David  Warfield,  and  Holbrook 
Blinn. 

Lotta  erected  a  drinking-fountain  in  Market  Street  as  a 
token  of  her  devotion  to  the  city  of  San  Francisco. 

Prime  Donne — Sibyl  Sanderson,  Emma  Nevada,  Maude 
Fay. 

329 


CALIFORNIA 

Dancers — Isadora  Duncan,  Maude  Allen. 

One  architect  of  genius  we  have  produced,  Willis  Polk;  one 
sculptor,  Douglas  Tilden;  one  composer,  Edgar  Kelley;  and 
one  stage-manager,  David  Belasco. 

Newspaper  writers  that  have  made  a  reputation  outside  of 
California  are:  Ambrose  Bierce,  Arthur  McEwen,  E.  W. 
Townsend,  George  Hamlin  Fitch,  Wallace  Irwin,  Will  Irwin, 
and  Ashton  Stevens,  dramatic  critic. 

Robert  Loiiis  Stevenson,  Mark  Twain,  and  Henry  George 
are  casually  identified  with  San  Francisco. 

The  historians  and  geologists  have  been  mentioned  in  the 
preface;  but  the  names  of  Benjamin  Ide  Wheeler,  president  of 
the  University  of  California;  David  Starr  Jordan,  long  presi- 
dent of  Stanford  University;  Professor  Holden;  Professor 
Morse  Stevens,  so  closely  associated  with  California's  intel- 
lectual life,  cannot  be  omitted  even  in  a  brief  history  of  the 
state;  nor  that  of  Luther  Burbank.  Chief  among  those  that 
have  given  liberally  from  their  private  fortunes  to  enrich  Cali- 
fornia artistically  and  educationally  are:  Mr.  and  Mrs.  Leland 
Stanford,  Mark  Hopkins  (via  Edward  F.  Searles),  Mrs.  Hearst, 
W.  R.  Hearst  (whose  beautiful  Greek  Theater  at  Berkeley  would 
create  the  perfect  illusion  were  it  not  for  the  anachronism  of  the 
donor's  name,  cut  deep  and  painted  green,  above  the  stage), 
Dr.  H.  H.  Toland,  Adolf  Sutro,  William  H.  Crocker,  Claus 
Spreckels,  Raphael  Weill,  Truxtim  Beale,  Rudolph  Spreckels, 
and  James  D.  Phelan. 

To  all  that  I  may  have  forgotten  I  make  humble  apologies. 
Since  California  embarked  upon  her  daedal  sea  she  has  turned 
out  artists  (using  the  word  generically)  at  such  a  rate  that  it 
is  simpler  to  write  a  history  of  the  state  than  to  keep  track  of 
any  but  those  that  have  won  a  national  reputation,  or  those 
that  one  happens  to  number  among  one's  acquaintance.  It  is 
easier  to  recall  the  benefactors. 

G.  A. 


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