The San Francisco Call. Newspaper, September 9, 1903, Page 18

THE SAN FRANCISCO CALL, WEDNESDAY., SEPTEMBER 9, 1903, — o/ - %@&Mfl HAT eplc sung in far-off Ionian isles or what saga ndered from the throats of Norse warriors has told es more wondrous or of ing than those contained f the days of gold? The times are written in n forgot their homes, b en to be swept in of gold madness which ddies from every cor- The ry its e terrors of grim lust of frenzled udden wealth or of ese were the grisly phan- over the fields of fab- g their victims by Yet from all this f feve activities > whose great destiny y disclosed, of February Willlam lsborers who had brought the » San Franc! 4 at the sig eserted their masters, sailors crews, doctors for- the editor of end pub- loss of his print- a month the town contained hovere f the jes dogs and old women i han shovel dle hrewd Yankee made af ne n x butc! rancisco impelied the Middle The story of the parched the mid , and over of the Sierras, will never fu M= a hidden skull there along the length of the old Cali- whose cleft crown could add ny to the harrowing tales t b Many a bleached bone, blown sands of the desert, bespea last ny of some thirst- rlade Anarchy Raises Its Head Over a Land Devoid of Government. uble stream of humanity g in from ship and trail ated itself in a thousand among the guiches the Sierras. Towns names sprang up along the length of Rough manners and were their charac- were no courts of law; man unto himself a court of first instance and of final appeal. The time was even seen when it was a mooted question whether or not murder was a crime or even if there was any such thing as crime annels s of able ere was eack serate condition of public senti- s due entirely to the unparalleled 1 which California found her- self during the years of "4 and 50, By the end of "¢ there were 100,000 people in the territory and yet there was absolute- Iy mo system of judicial procedure for their governance nor yet any legal status given to the territory by Congress. Since peace had been made with Mexico in '48 there could be no shadow of authority in military rule, according to the conception of the majority of settlers, and since Con- gress had provided no etvil government, the territory was practically in a state of anarchy. With hundreds of murderers, blacklegs and unscrupulous politicians in the new country, with the small military organization powerless to inaugurate ac- tion and to pursue it if inaugurated, cer- tainly no state or territory of the Union was ever in a position so perilous. But ZAsy SPIKZ , never was the innate American genius for self-government better shown as In on which was taken by the set- > effect for themselves what Con- vide them. May, 1849, General Riley suc- nel Mason as military gov- of the Territory of California ke ¢ for some form They maintained an usurper since the can war had deprived governor of his legal pow- ey declared that under the Con- they had a right to meet and late for themselves since Congress h provided no Territorial form of gov- ernment. Governor Riley held that the old Mex laws of California, such as they were, must be enforcd until action by Congress and that no initiative on the of the people was possible. The secret of the tr ay in the great question, then agitating Congress, of whether or not the vast extent of terri- tory wrested from Mexico should be free or open to slavery. President Polk in giving instruc ns of one character to Governor Riley and expressing different ntiments in his message, was but fol- lowing the precedent of the time, which was one of hesitancy and indecision. The slavery and anti-slavery parties in Con- gress were fighting a death struggle in which both factions were so evenly matched that a deadlock ensued and Cali- fornia was the sufferer thereby. Such master minds as those of Webster, Cal- houn and Clay were engaged in the strug- gle. California was the balance weight which would swing the scale either one way or the other. When President Taylor took his seat in March, 1849, things took a turn. By spe- clal orders of the President, Governor Riley announced on June 3 that a conven- tion would be called to draft and adopt a State constitution. So delegates were elected and they met at Monterey September 3, 1849, to put into motion ma- chinery for the government which had been so earpestly desired. The delegates were divided among three parties: those of the anti-argonautic regime, representa- tives of the old native Californian gov- ernment and a strong Southern faction, advocating slavery. The convention drew up a constitution modeled on the plan of that of Iowa and submitted it to the vote of the people on November 13, 1849, by whom it was rati- fied. At the first election, Burnett was elected Governor, General Fremont and W. M. Gwinn being chosen as delegates to Congress. On February 13, 1850, Pres! dent Fillmore presented California’ petition for Statehood to Congress. This occasioned a great deal more hesitation and sparring on the part of the two fac- tions until at last Henry Clay's famous “Omnibus Bfll,” which included among its compromises the admission of Califor- nia, passed through Congress on Septem- ber 7 and was signed by the President two days afterward. Thus on September 9, 1550, did California become the thirty-first star on the escutcheon of the Union. The Monterey convention, which draft- ed the first constitution of Californla, aiso selected the great seal of the State. The story of the selection contains some odd features and deserves mention, During the time that the convention was in session, Major Robert 8. Garnett, then stationed temporarily in the little CIROHAVIORY AHEY TOLI869 POINT town, drew the design for the seal as it now appears, with slight modifications, and showed it to several members of the convention. He was pressed to submit it, but modestly declined and allowed Caleb Lyon, one of the clerks of the Constitu- tional Assembly, to present the design be- fore that body as his own. When he did 80, G ral Mariano Vallejo, who had been s0 unceremoniously hustled out of bed and taken to prison only three years be- fore by the enthuslasts of the Bear Flag, demanded that the mild looking bear be either eliminated from the seal or made fast by a lasso in the hands of a vaquero. His objection was overruled on the grounds that the bear appeared to be harmiess. Iron Hand of Digilantes Smites Lawlessness a Death Blow. HILE the first Legislature is un- wder consideration, a brief history of the peregrinations of the State may be noted at this point. had always been the seat Spanish and Mexican gov- ernments, and was naturally chosen as the first capital of California. At the very first meeting of the Constitutional Assembly, San Jose and San Francisco put in a bid for the location of the seat of government. San Jose won out, and the first Legisiature met there in December, 1549. But this town was not destined to hold the honor long, for General Vallejo offered to lay out a city on Carquinez Straits, to grant the Btate 156 acres of land therein and to donate $370,000 for the erection of State bufldings. This munifi- cent offer was accepted favorably and an act passed to submit the selection of a site at the next general election. Vallejo was the place chosen by the suffrage of the voters. When the time for the next session of the Legislature drew nigh, General Val- lejo had so far failed to keep his promise that preparations for the reception of the solons were very inadequate, and their session was marked by a scarcity of food and the total absence of a washerwoman. San Jose renewed its offers and Benicia and Sacramento appeared as new contest- ants in the fleld. Before the Vallejo ses- sion was completed the disgusted mem- bers moved bodily to Sacramento. But this was only temporary, and the State archives and machinery of legislatiop ‘were removed to Benicla upon the passage of an act making that the capital city. Finally the last change was made by the Legislature of 1854, which decreed that Sacramento should be the chosen city for the State government, and there it has re- mained, notwithstanding continuous ef- forts made by Oakland and San Francis- co during the next few years to have it removed. Hardly had there passed away the phe- nomenon of the California people organ- izing a government independent of Con- gressional action, when there came into existence a still more remarkable prodigy, the Vigilance Committee. Twice was San Francisco destined to see a band of deter- mined men wield executive and judicial powers without a shadow of authority and even in armed opposition to the rightful officers of the government. Twice was she to witness the phenomenon of capital Monterey of the ——— first éditor of the Bulletfn. In his fear- less editorials, King had openly attacked notably James P. Casey, who had fraudulently elected himself Su- pervisor. On May 14, 1856, Casey met the editor on the corner of Montgomery and ‘Washington streets and shot him dead. Immediately a crowd of exasperated cit- izens gathered before the jall whereln Casey was incarcerated and from their anger was born the second Vigilance Committee. On May 15 a select few met in a hall on Sacramento street, Leldesdorff, selected Willlam T. Coleman chairman of the executive committee and enrolled 1500 memters the first day. With- in a week 3000 men were assembled Into companies, armed, drilled and stationed in various armories about the city. This pertected organization on the Sunday fol- lowing the shooting of King, marched through the streets in full military array, halted at the jail on Broadway and with & brass cannon pointed at the door, de- manded the person of Casey. Casey, together with Charles Cora, who had murdered United States Marshal Richardson, was dellvered over to the Vigilantes and vy them taken to the head- quarters on Sacramento street. With all of the forms of procedure of a court of justice, Casey and Cora were given a fair trial before a jury, being allowed the services of an attorney for their defense. They were found gullty and while the whole city was on the streets to attend the public funeral of King, the two men convicted by this summary court of jus- tice, were strung up in front of the Vigil- ance headquarters. The committee continued in its work, driving gamblers out of the city and de- porting boodlers, when they came Into clash with Governor John N. Johnson, who ordered Major General Willlam T. Sherman to use the militia of San Fran- cisco to put down the Vigilance Commit- tee as participators in armed sedition. Bherman resigned rather than execute his orders. The frantic Johnson then petitioned President Plerce to use the military and naval forces of the United States to put down what he termed a re- bellion, but his application was denied. Meanwhile the Vigilantes, behind their “Fort Gunnybags,” were continuing their perfect military organization, evén pre- suming to keep as a prisoner for seven weeks and then release after a trial D. 8. Terry, Chief Justice of the Supreme Court of the State. On August 18, after a remarkable career in purging the city of crime, the Vigil- ance Committee dissolved. Such was the appreciation accorded it by the citizens, that the dissolution partook of the nature of a triumphal public procession. Thus passed into history that remarkable or- ganization which upheld the law and maintained order while itselt technically a lawless body. The great stress of the Civil War which racked the States east of the Rockies in the throes of Internecine bloodshed scarcely affected California. Our land was then too remote to hear, except in soft- ened echoes, the thunder of the cannons. Though there were enough Southerners in the country to make feeling run high for a time, no doubt of California’s loy- alty ever existed and the stream of gold near B\ 72\ iSTERN GIANT s acknowledged to be under the thumb of the railroad, while in San Francisco bald faced corruption was rampant. Juries were weak, judges weaker, and it came a proverb that one might commit a murder if he took the advice of the best lawyers. Things had reached this pass when a mass-meeting held in San Franeisco In the fall of '77 for the purpose of express- ing sympathy for the striking rafiroad employes at Pittsburg, Pa., developed into a demonstration against the Chineso, which looked for a time like a general at- tack on Chinatowr. Out of this first rat er aimless demonstration was born Sand Lot party, with Denis Kearn its head. Kearney, who was a pow the Draymen’s Union at the time, braced the opportunity offered by the S tember elections for municipal, State a Congressional officers to call a meeting workingmen and malcontents with a view to forming a permanent grganization for the purpose of Insisting dpon elected ficers living up to pledges made befors election and to oppose Chinese immigra- tion. Upon the sand lot where the City Hal now stands and where only the Hall Records had been completed, Kearney a his rapldly growing band of agitato were wont to hold monstrous open-air meetings, whereat the speeches both of Kearney and his fellow workers took a more and more turbulent character. At one night meeting held on Nob Hill Kearney dellvered himself of the opinion that the millionaire rallroad magnates living thereon deserved to have their houses burhed, whereat he was arrested. But being released, Kearney became the hero of the masses and his Workingman's party flourished, embracing the whole State, with Kearney as Its president. Wherever Kearney spoke he decreed that the Chinese must go. sa New State Constitution Springs From Sand Lot Agitation. Y that peculiar power which gives B{orcs to popular agitati Kea ney's party grew in streng 1 of mést of the city o red to success on a Stat ticket. When the question of a new co stitution was submitted to the people Kearney's pa d with the so-called Granger mov among the farmers ef the Interior, carried the day, and a constitutional convention was called the summer of 1578, when the delegates to the convention were ingman's party at. the farm valleys were in the prepondera h the is best shown markable inst fore the pec The vere. pro industry out of the co were alleged to be c tution of the T null. But the ¢ ty were strong and Typical Scenes Illustrating Some Crucial Periods in California’s Later History. Pprivate citizens arising In their wrath to sit in judgment upon murderers and boodlers who were pursuing their knavish Ways unmolested by the proper civil authority. More remarkable still: though this band of men had usurped authority, armed a battalion of volunteers and build- ed themselves a fort in the heart of the clty to defy the power of the Chief Jus- tice of the Supreme Court and the Gov- ernor himself, they had with them the almost undivided support of the whole city and were honored as herces when their work was done. The Vigilance Committees of 181 and 1856 were born of the urgent necessities of the times. Within a year after the discovery of gold San Francisco became a hell hole of robbers, gamblers, political sharpers and murderers. From the Aus- tralian penal colonfes, from the flotsam of Eastern and European cities there poured into the new city an ever increas- Ing stream of the veriest rogues. The feeble municipal government was unable to cope with them. Emboldened by their OWn successes, the rascals stuffed ballot boxes and bought their way into power 80 that the arms of justice were effectu- ally paralyzed. Nothing but a Vigilance Committee could save San Francisco from absolute ruin. The great fire of May 4, 1851, which was unanimously considered to Be of incen- diary origin, at last drove the respectable portion of ‘the inhabitants to desperation. In the early part of June, therefore, there met in secret session over a hundred of the determined citizens. They bound themselves by oath that no thief, burglar, incendiary or assassin should longer es- cape justice, that should any member of the association hear of some overt crime, he should assemble the whole Committee by an alarm on the fire bell and imme- diate actlon would be taken according to the will of the majority. Meeting rooms were provided and some members weref always present to receive reports. Citizens Turn Soldiers to Protect Justice With Bayonets. N June 10 John Jenkins was appre- O hended by the Vigilantes for rob- bing a store. He was tried that night, condemned and hanged in Ports- mouth Square at 2 o'clock next morn- ing. On July 11 James Stuart was hanged on Market-street wharf. On August 24 thirty-six armed Vigilantes broke into the jail, recaptured two prisoners who had been taken from them by the Sheriff and hanged them from the eaves of their own headquarters. Upon incriminating findings of Coroner’s juries in the instances of these hangings, the Vigilance Committee boldly issued a proclamation, stating their reasons for action and signed by all of the members. No steps were taken against them by the authorities and they continued their ex- istence until the reign of lawlessness had been checked, when they adjourned to meet again if necessary. The second' Vigilance Committee of 1856 was called into action largely by the aw- ful corruption existing in the city gov- ernment and the consequent utter paral- ysis of justice. In municipal elections clubs were openly formed for the purpose of trafficking in votes. The so-called “double, improved, back-action ballot boxes'” served to elect scamps and bood- lers into rich offices of political graft. Judges and juries were either bought or “instructed” by a higher power. San Francisco municipal government had sunk to its lowest ebb. 4 The crisis was precipitated by the as- sassination of James King of William, which she sent back to the impoverished treasury at Washington did much to fur- nish the sinews of war for the North. Close upon the reign of peace came an event which was fraught with much significance to California. The iron ribbons of the Central Pacific, which had been stretching toward one another from the East and the West, were at last joined in May, 1869, at Promentory Point, Utah. This was the bond which cemented the far distant commonwealth on the Pacific to the East and made California a power in the Union rather than the isolated em- pire which she had been. With the open- ing of traffic and the contemporaneous discovery that gold could also be found in orchard and wheat fleld as well as in mountain, the young giant on the western sea leaped Into his manhood by a mar- velous growth. The “Great Bonanza™ excitement of the early'70's had introduced among all classes a widespread mania for stock gambling. The millionaire on Nob Hill and the hos- tler in his stable alike invested their money In wildcat schemes. But in 1877 the wave of hard times from the East struck California and the bubble of false wealth was instantly pricked. The moneyed kings could stand the crash, but the farmer, the poorly paid store clerk and mechanic felt the pinch severely. The farmer claimed that the great railroad system which controlled the State was wringing his sustenance from him. The great army of unemployed which collect- ed at San Francisco demanded that somebody give them work. Everywhere the Chinese were working for wages which were impossible as far as white labor was concerned. Another undoubted evil existed in the wholesale corruption which had honey- combed State government and munici- pal machinery a%ke. The Legislature was ure by a small majority. This done, they proceeded to elect a Legislature to put the instrument into effect, but a reaction set in against their propaganda, and when that body met a strong conservative ele- ment passed statutes which gave effgct to the provisions of the constitutien in a form far less harmful than was expected. The Sand Lot party then gradually sank into insignificance and finally disappeared. Of the history of California during last twenty-five y\ there is much can be written in the future when th lapse of time has thrown events into a proper historical perspective. Mucl - has happened and is now of persomal or party prejudice cannct be dwelt upon until the passage of years makes it pure history. Now at the fifty-third anniversary of the birth of our State we have the oppor- tunity to pause and reflect on the future. Consider how, up to fifty years ago, C fornia dreamed away her days ia iuxur- jous Indolence, contented to besk lazily in the glad sunshine of her own skies. Then, as if by the touch of a magiclan’'s wand, she roused herself to umceasmng energy. The wealth of mine and fieid which had Jain hidden for centuries was brought to light. A stable commonwealtn was built out of the exigencies of tne moment. A hardy race of men was tamed to the task of upbuilding an em- pire. Peace was established where dis- order reigned. The new State was raised to be a leader among her sisters of tne American Union. Now stands California on the edge of the continent with her eyes to the West, whither ever the touch of destiny has led the American people. California has ceased to be the frontier; that has been moved to lands below the sweep of the horizon. Instead California stands as the keystone of the arch of American empire which springs from Porto Rico to Luzon.