Part Two: Chapter IX
PUBLIC AFFAIRS AFTER THE WAR
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Soon after the formal ending of the war in California the famous Mormon Battalion reached San Diego by way of Warner's. They camped for a few days at the old mission, and the journal of their colonel supplies the following description of the historic spot as it appeared on January 29, 1847:
The Mormons remained but a short time at first, but were reorganized at Los Angeles and a company of 78 returned to Fort Stockton, where it served as a garrison for a period of six months. They were under the command of Captain Jesse D. Hunter, whose wife presented him with a son having the distinction of being the first child whose parents were both Americans, to be born in Old San Diego. The boy was named Diego Hunter and lived for several years in San Diego. He died, several years ago, at San Luis Rey, where his father was Indian agent. The Mormons, then as now objects of unusual interest, appear to have performed their duties successfully while in San Diego. These duties were not arduous—merely those of a Garrison in time of peace—and they had time to ply their trades, burning bricks, digging wells, making log-pumps, and doing other things really more useful than soldiering. One of their number, Henry G. Boyle, relates in his diary: "I think I whitewashed all San Diego. We did their blacksmithing, put up a bakery, made and repaired carts, and, in fine, did all we could to benefit ourselves as well as the citizens. We never had any trouble with Californians or Indians, nor they with us." One thing they did which the present historian regrets, as those of the future are likely to. Quartered in an old building in which public documents were stored, they used some of these documents for fuel and thereby destroyed the records of the past. Upon the departure of the Mormons, they were succeeded by Company I of the famous Stephenson Regiment. This company was raised at Bath, New York, and its officers were captain, William E. Shannon; lieutenants, Palmer B. Hewlett, Henry Magee, and William H. Smith; sergeants, Joshua S. Vincent, Joseph B. Logan, and Joseph Evans. The company was mustered out here on September 25, 1848, and this was the end of the military occupation of San Diego. José Ramon Argüello, who was appointed sub-prefect April 3rd and took office on the 12th, 1846, was the last Mexican prefect. The last Mexican jueces de paz, or alcaldes, were José Antonio Estudillo and Juan M. Osuna. In August, Miguel de Pedrorena took Estudillo's place, the latter being absent. On September 15th, at the election ordered by Stockton, Henry D. Fitch and Joaquin Ortega were elected alcaldes, the first under American rule. At the custom house, Henry D. Fitch was in charge but resigned in April; Pedro C. Carrillo was acting as collector when the Americans came and was reappointed by Stockton upon taking the oath. Pedrorena was appointed collector on June 24, 1847, but as military orders required the commanding officer in each port to serve in that capacity, Lieutenant Robert Cliff, of the Mormon company, filled the place. The constitutional convention met at Monterey in September, 1849, Miguel de Pedrorena and Henry Hill representing San Diego. The legislature met the following winter and launched the great American State of California. San Diego was the first county created under the act of February 2, 1850, and San Diego and Los Angeles made up the first judicial district. The first legislature also provided for a custom house at San Diego. Two voting precincts were established under a law providing for the first elections in the new state, one at Old Town, the other at La Playa—and the official record of the election held here April 1, 1850, reads as follows:
For Clerk of the Supreme Court—No Candidate. FIRST PRECINCT—POLL LIST. Poll list of an election held for county officers at San Diego, California, April 1, 1850 (1st precinct):
We the undersigned, Clerks of Election held in the first precinct of the county of San Diego, State of California, on the first clay of April, 1850, do hereby certify that the foregoing Poll List gives the names of all persons voting at said election.
San Diego, April 2, 1850. SECOND PRECINCT—VOTES FOR OFFICERS. List of votes polled at the Playa, Precinct No. 2, San Diego, April 1, 1850, pursuant to an Act of the Legislature passed March 2, 1850. (Here follows the tally list, which is omitted, the aggregate vote for each candidate being given in the annexed certificate.) We the undersigned, Judges of said Election, do hereby certify that Wm. C. Ferrell had 68 votes for District Attorney; that John Hays had 68 votes for County Judge; that Agostin Haraszthy had 62 votes for Sheriff; that Philip Crosthwaite had 5 votes for Sheriff; that Henry C. Matsell had 53 votes for Recorder; that A. Jay Smith had 14 votes for Recorder; that Thos. W. Sutherland had 66 votes for County Attorney; that Richard Rust had 64 votes for County Clerk; that José Antonio Estudillo had 62 votes for Assessor; that Juan Bandini had 63 votes for County Treasurer; that John Brown had 65 votes for Coroner; that Albert B. Gray had 56 votes for County Surveyor; that Henry Clayton had 12 votes for County Surveyor; and that Festus G. Patton had one vote for County Clerk.
SECOND PRECINCT—POLL LIST. Pursuant to notice from the Prefect of the District of San Diego, the electors, residents of the Playa San Diego, met at the store of Messrs. Gardiner and Bleecker at ten o'clock a. m. on the 1st of April, and proceeded to elect Edward T. Tremaine Inspector of Election, who forthwith proceeded to appoint John R. Bleecker and John Hensley Judges of Election, and David L. Gardiner and Daniel Barbee Clerks, whereupon the polls were declared open, and the following is a list of the voters:
We hereby certify that the whole number of votes polled at this election was 68.
The following is a list of the first county officials elected: district attorney, Wm. C. Ferrell; county judge, John Hays: county clerk, Richard Rust; county attorney, Thos. W. Sutherland; county surveyor, Henry Clayton; sheriff, Agostin Haraszthy; recorder, Henry C. Matsell; assessor, José Antonio Estudillo; coroner, John Brown; treasurer, Juan Bandini. The first district judge was Oliver S. Witherby, who was appointed by the legislature and not voted for at the election. For some reason Bandini refused to qualify as treasurer, and Philip Crosthwaite was appointed in his place. The first term of the district court was held May 6, 1850. The judge and the clerk were present, but no business was transacted, as it was found that the laws had not been received nor the officers properly qualified. On the 2nd of the following September the court was duly organized, grand and trial jurors summoned, and six cases tried. Two other cases were continued. The seal of the District Court was designed by Wm. H. Leighton, the other seals by Chas. H. Poole. The names of the first grand jurymen were: Charles Haraszthy, Ramon Osuna, James Wall, Loreto Amador, Manuel Rocha, J. Emers, Bonifacio Lopez, Holden Alara, Seth B. Blake, Louis Rose, Wm. H. Moon, Cave J. Couts, José de Js. Moreno, Cristobal Lopez, and Antonio Aguirre. This body found no indictments, but made one presentment. The practicing attorneys enrolled in this year were: James W. Robinson, Thomas W. Sutherland, John B. Magruder, and Wm. C. Ferrell. At the session of the District Court held in April, 1856, Messrs. D. B. Kurtz and E. W. Morse were examined and admitted to practice. San Diego was incorporated as a city by the legislature of 1850 and the first election under the charter took place on June 16th of that year. Joshua H. Bean was chosen the first mayor, while the councilmen were Charles Haraszthy, Atkins S. Wright, Chas. P. Noell, Chas. R. Johnson, and William Leamy; treasurer, José Ant. Estudillo; assessor, Juan Bandini; city attorney, Thos. W. Sutherland; marshal, Agostin Haraszthy. The council met and organized on June 17th. On July 20th, Henry Clayton was chosen city surveyor, and on August 12th, George F. Hooper was elected councilman in place of Johnson, resigned. On August 24th, Noell resigned, and on Sept. 8th, Philip Crosthwaite was chosen to fill the vacancy. Bandini refused to serve and Richard Rust became assessor in July. On June 29th, an ordinance was passed, against the protest of Noell, fixing the amount to be appropriated for salaries of city officers at $6,800 per annum. There were $10,610.54 in the treasury. The mayor vetoed this "salary grab," and a new salary ordinance was passed, fixing the total sum to be appropriated at $2,400 per annum. The mayor and council appear to have been at loggerheads in September, but the cause of the trouble is not apparent at this day. On October 14th, the council appropriated $500 for a complimentary ball to be given to the officers of the U. S. Coast Survey, and on October 18th, they set aside $300 for a ball in honor of the admission of California into the Union. In 1852, the city charter was repealed and the government of the town vested in a board of trustees. The Herald says of this: "From and after Monday next our hitherto busy, bustling city dwindles into a quiet village. A little less than two years ago, with some $12,000 or $13,000 in the treasury, and when land speculation was rife throughout the city, our precocity showed itself in a wonderful manner . . . . Now, with an empty treasury and in debt deeply, we return to 'first principles.'" There were no more charter changes until the new town grew up at Morton's Addition. Elections were held from time to time, but frequently the trustees held over. The business of both town and county was small and several offices were often held by one man. It is said that in 1852, Philip Crosthwaite, who was then county clerk and recorder, was deputized by all the other county officers to act for them while they went to attend a bull-and-bear fight, and thus for a short time held all the county offices, at once. Captain George A. Pendleton, who was county clerk and recorder for many years, also held for a time, in addition to these offices, those of auditor, clerk of the board of supervisors, and county superintendent of schools—all this regularly, not as deputy. On March 18, 1854, a public meeting was held at the court home to consider the state of the country. Col. Ferrell made an address, referring to the failure to secure a share of the State school funds, the neglect of persons elected to qualify for their offices, etc. It seems that the sheriff had resigned and the assessor declined to serve; the county judge was absent and had been so for several months, while the retiring judge first called an extra session of the court of sessions and then declined to go on with it. April 8, 1854, Editor Ames complains that "we are now without judge, assessors, supervisors, or any proper legally qualified officers, except trustees and attorneys, and the clerk and county treasurer; and to sum up, a term of the district court soon to be held, with prisoners out on bail." The administration of justice in these early days presents many features of interest. In the first state laws, district and county courts were provided for and two years later a court of sessions was created. Oliver S. Witherby, the first judge of the district court, was a prominent citizen of San Diego for many years. John Hays, the first judge of the county court, was not a lawyer. He served four years. The first justice of the peace in San Diego was Charles Haraszthy, a Hungarian. The story of how Squire Haraszthy gave judgment for costs against the defendant, because the plaintiff was impecunious, has become a classic in the annals of San Diego. The best account is that of Captain Israel, who was an interested party:
E. W. Morse is authority for the following story: . The political life of the early days was thoroughly characteristic of pioneer conditions, yet many able and high-minded men were engaged in the public service, though there were doubtless others who were illiterate and incompetent. Social customs have improved since judges adjourned court in order to take a drink or to witness a bull-and-bear fight. It was the customs rather than the courts that were to blame for such things. In 1851 a strong agitation began in favor of dividing the state and organizing Southern California as a separate territory. Public sentiment in San Diego supported the movement, and a, committee was appointed to co-operate with Los Angeles, Santa Barbara, and Monterey in bringing it to fruition. In 1859 the legislature submitted the question to a referendum vote in the six southern counties. It was carried by a two-thirds majority, but the legality of the vote was questioned, much opposition arose, and the effort was abandoned. Under date of Feb. 13, 1849, James Buchanan, Secretary of State, issued instructions for running the international boundary line between the United States and Mexico. The head of the Commission, who came to San Diego in connection with the work, was Colonel John B. Weller, of Ohio, afterward governor of California and one of its representatives in the United States Senate. He was accompanied by Andrew B. Gray, surveyor, Wm. H. Emory, astronomer, and Oliver S. Witherby, quartermaster and commissary. The instructions of the Commission were to "run and mark that part of the boundary consisting of a straight line from a point on the coast of the Pacific Ocean distant one marine league due south of the southernmost point of the port of San Diego, to the middle of the Rio Gila, where it unites with the Colorado." The initial point of the boundary was fixed 18 miles south of San Diego, on a spot 500 feet from the ocean and 12 feet above its level. The monument was erected in June, 1851. There was some disappointment in California at the failure of the United States to obtain the Peninsula in the settlement with Mexico, and genuine dissatisfaction with the result on the part of some citizens of Lower California. As a consequence, there was some sympathy with William Walker when he made his filibustering attempt upon the Peninsula in 1853-4. When the effort collapsed, some of Walker's associates, among them his secretary of state, were arrested in San Diego and taken to San Francisco for trial. The politics of San Diego city and county was strongly Democratic in the early days of American rule. Many, probably a majority, of the first American settlers were from the Southern States, and the following incident shows the social temper of the time. Miss Mary C. Walker arrived in San Dieo on the morning of July 5, 1865, having been sent from San Francisco by the state superintendent of schools to fill a vacancy as teacher. She was a native of New England and entertained no prejudices against negroes. On the voyage from San Francisco, she suffered from mal de mer and was attended by the stewardess, a quadroon. Some weeks later, while her school was in progress, she found this negress in Manasse's store, eating a lunch of crackers and cheese, and feeling a friendly interest in the woman, invited her to take dinner with her at the Franklin House. When they entered the dining-room and sat down at the table together, a number of people who were there at once got up and left, and Miss Walker and her guest had the table and the room to themselves. There was a storm, at once. The teacher's dismissal was demanded and most of the children were taken out of school. The Yankee school-ma'am did not understand things clearly, and made the matter worse by some unguarded remarks comparing the complexion of certain of the protesting Californians with that of her guest. The school trustees at the time were Dr. D. B. Hoffman, E. W. Morse, and Robert D. Israel. Hoffman felt that, whatever the merits of the case, the school money could not be wasted keeping an empty schoolroom open. Israel was an old soldier and a Republican, and his sentiments are best expressed in his own words: "`Morse,' said I, 'I'll be damned if I wouldn't take that school money and throw it in the bay as far as I could send it, before I would dismiss the teacher to please these copperheads! You may do as you please, but I will never consent to her dismissal.'" It is easy to believe that the Captain would have stood his ground, but it proved that the third trustee, Morse, was a diplomatist. He was then a widower and had matrimonial designs upon the teacher. She tendered her resignation and became Mrs. E. W. Morse, and thus the country was saved once more. [from William Ellsworth Smythe's History of San Diego]
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