TWO GOVERNMENTS.

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brought to the front a very respectable body of men, full of reform projects, but regarding the innovation as unauthorized by still prevailing laws, the governor would not accord them any active interference with the alcalde, who stood arrayed himself with their opponents, the land monopolists. And so the city continued · to be afflicted with practically two governments, which maintained a sharp cross-fire of contradictory enactments and charges until June, when the governor's proclamation for a constitutional convention, and for the election of provisional local officers throughout the country, caused the assembly to abandon the field to the alcalde. They retired with honor; for viewed. by the light of subsequent corruption, even their deficiencies are bright with the lustre of earnest efforts.

One result of the political discord was to give opportunity for lawlessness. The riffraff of the disbanded regiment of New York Volunteers had lately formed an association for coöperation in benevolence and crime, under the not inappropriate title of the Hounds, with headquarters in a tent bearing the no less dubious appellation of Tammany Hall, after the

Backed by Burnett the assembly protested vigorously, and in a proclamation to the city set forth the illegality of military interference. Burnett's Recoll., MS., ii. 61-87; Alta Cal., June 14, 1849. Acting accordingly, they sent the sheriff to forcibly seize the records in the alcalde's possession. Ryan, Pers. Adv., ii. 252-4, gives a graphic account of the pistol flourishing on the occasion. Buffum's Six Months, 117-19. Appalled at such insolence, Riley denounced the legislature as a usurping body, and called wildly upon all good citizens to aid in restoring the records. U. S. Gov. Doc., ubi sup., 773–4. Simultaneously, June 3d, appeared the proclamation for a convention, and for local elections throughout the country, an order so far delayed in the vain hope that congress would provide a civil government. This election pretending the speedy extinction of the assembly, the members, with hopes centred in the next balloting, resolved to yield; yet not until after a deferential appeal to the public, which responded on July 9th by a vote of confidence so meagre as to be chilling. The smallness of the vote, 167 for their continuance, 7 against, was due to the departure of supporters for the mines, says Green, Stat., MS., 24; Alta Cal., July 12, 17, 1849. Willey, Pers. Mem., 1278, assumes that Riley terrified them. Their minutes cease on June 4th, the date of Riley's proclamation against them. Green naturally extols the honesty of his associates; he claims to have refused a land bribe from Leavenworth for himself and his monopoly friends on introducing the bill for abolishing the alcaldeship. Findla, Stat., MS., 9-10, also speaks of them as 'respectable men.' Price's Sketch, MS., 111.

noted eastern hot-bed of that name.60 It is but natural that this graceless set of idlers should, through lack of manly incentive, drift into political agitation, and that the original military aim of their late regiment should degenerate into race antipathy and rioting. Drunkenness and brawl, displayed in noisy processions with drum and fife and streaming banners, led to swaggering insolence and intimidation, which found a seemingly safe vent against the Hispano-Americans. Once the · robber instinct was aroused by the more disreputable, it was not long before a glittering vista opened a wider sphere.

The unsavory name of Hounds was changed to Regulators; and under pretence of watching over public security and rights, the vagabonds intruded themselves in every direction, especially upon the exposed and defenceless; and they boldly demanded contributions of the merchants in support of their self-assumed mission. Strength of numbers and arms and significant threats increased, until terrorism stalked undisguised. Finally, on July 15, 1849, under inspiriting stimulants, they ventured to make an attack in force upon the Chileno quarter, at the foot of Telegraph hill, with the avowed object of driving out the hated foreigners, and despoiling them. Not knowing what next might follow, the alarmed citzens united for action. Four companies formed, with a huge special police detachment, and the town was scoured in pursuit of the now scattering band. A score were arrested, and by the prompt application of fine and imprisonment the rest were awed into submission.61

The election of August 1, 1849, restored the ayuntamiento and prefect system, while giving the city the increased number of twelve councilmen,62 under the

60 Of New York. The tent stood on Kearny st, where Commercial st now abuts

The history of the band and outbreak is fully related in my Popular Tribunals, i. 76 et seq.

62 T. H. Green, H. A. Harrison, A. J. Ellis, S. C. Harris, T. B. Winston, J. Townsend, R. M. Price, W. H. Davis, B. Simmons, S. Brannan, W. M.

presidency of John W. Geary, the lately arrived postmaster of the city, who responded to the unanimous confidence bestowed upon him by displaying great zeal for the welfare of the city. Horace Hawes, the prefect, was an able lawyer, but with a somewhat fiery temperament that soon brought about a conflict with his colleagues. Acting upon the suggestions of their leader, the council issued a revenue ordinance, de

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Stewart, G. B. Post, in the order of popularity as indicated by votes obtained. Four had belonged to the assembly, and two to the council which it superceded. Frank Turk, second alcalde, acted for a long time as secretary to the new council; the subprefects for the districts were F. Guerrerro and J. R. Curtis. Alcalde Geary obtained the entire vote of 1,516, while Prefect Hawes polled only 913. The three highest votes for councilmen were carried by late assembly members. There were nearly a dozen tickets in the field.

63 Geary was born in Westmoreland Co., Pa. After his father's death, he taught school, supporting his mother, and paying off his father's indebtedness. He next went to Pittsburg and entered into mercantile pursuits, which proved uncongenial. Meanwhile he studied assiduously, displaying a marked taste for mathematics, and became a civil engineer and railroad superintendent. When the war with Mexico broke out, he joined the 2d Pa. Vols., rose to the rank of col, was wounded at Chapultepec, and appointed commander of the citadel after the city fell. He was appointed postmaster of S. F. on Jan. 22, 1849, with a certain control over postal matters on the Pacific coast. With his family he reached S. F. on the Oregon on Apr. 1st. His administration was one of marked efficiency. Learning that Prest. Taylor had appointed a successor, Geary turned the office over to Col Bryan. At this time he sent his family back to Pa., and became a member of the auction and commission house of Geary, Van Voorhees, and Sutton.

Biography in Hist. Cal., iii., this series.

65 Geary in his inaugural address pointed out the lack of public buildings, and funds and measures for security, and recommended a tax, not alone on real estate and auction sales, but on licenses for traders, in proportion to the goods vended, for conveyances by land and water, and for gambling; the latter as an inevitable evil being thus placed under salutary control. An inventory should be made of public documents and mutilations noted. Records were subsequently sought at Monterey. Hawes dwelt upon the necessity for measures conducive to prospective greatness of the city without making any special suggestions. S. F. Minutes, 1849, 221-4; Annals S. F., 230-1. He took the oath on Aug. 11th. The council met, from Aug. 6th, on an average twice a week. Their proceedings, with committee distributions, etc., are recorded in S. F. Minutes, 1849, 47 et seq. The attendance fell off to such a degree that the quorum had to be reduced to four by the close of the year. Rules for their guidance in general were sent in by the governor. U. S. Gov. Doc., Cong. 31, Sess. 1, H. Ex. Doc., 17, 775-6. Among appointed officials were J. Code, sergeant-at-arms, W. M. Eddy, surveyor, P. C. Lander, collector, A. C. Peachy, attorney, S. C. Simmons, controller, Ben. Burgoyne, treasurer, succeeded in Dec. by G. Meredith; P. C. Lander, tax collector, J. R. Palmer, physician, subsequently Stivers and Thorp, S. R. Gerry became health officer in Dec., J. E. Townes, sheriff, in Dec. appointed coroner. N. R. Davis, street commissioner, subsequently J. J. Arentrue, in Dec., J. Gallagher, inspector of liquors. Turk, second alcalde and acting secretary, took a seat in the council and was in Dec. replaced as secretary by H. L. Dodge. F. D. Kohler has been mentioned as chief fire-engineer. Under the prefecture were appointed P. A. Brinsmade, subprefect, in Dec., vice Curtis, F. P.

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pending chiefly on the sale of real estate and merchandise, and on licenses for trading, the latter of a hasty and disproportionate nature. Not deeming this sufficient to cover their teeming plans, notably for city hall, hospital, and public wharves, they prepared for a large sale of water lots, which were coming into eager demand. The first available money was applied to the purchase of a prison brig and shackles for chain-gangs; the police force was placed on a regular and more efficient footing; fire-engines were ordered; and strenuous efforts made to improve the streets, so as to prevent a repetition of the previous winter's mishaps, yet the following season proved comparatively

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Tracy, justice of the peace at the mission, W. B. Almond, judge of first instance with civil jurisdiction only, Hall McAllister, attorney, pay $2,000, both from Oct. 1st, F. Billings, commissioner of deeds, A. H. Flint, surveyor; also a host of notaries public. See Id., 756-840, passim; Unbound Doc., 224, 323-9, etc.; Brown's Stat., MS., 16; Merrill's Stat., MS., 5-6; Arch. Mont., xiv. 18; Cal. Miscel., ix. pt. i. 77; Alta Cal., Pac. News, Dec. 13, 1849, etc.; Gillespie's Vig., MS., 6; Hyde's Stat., MS., 12; Miscel., MS., 3.

66 On Aug. 27th. The prefect presumed to veto this ordinance, on the ground of the disproportionate nature of the imposts which pressed excessively upon labor and on men with limited means, a dealer with a capital of $150,000, for instance, paying $400 only, while a small trader with $1,000 was required to pay $300. He also considered the revenue called for in excess of requirement, and demanded details for expenditure, which should be proportioned to the measures most needed, especially protection. The ordinance was also contrary to law in defining new misdemeanors and extending the jurisdiction of the alcalde. S. F. Minutes, 1849, 224-7. The ardor of this champion of the oppressed was somewhat damped by the reminder that the veto power belonged to the governor, to whom he might report any objections against the council. The governor offered $10,000 toward the formation of a jail and court-house.

A

67 Euphemia, anchored near the corner of Jackson and Battery sts. A calaboose existed, but so poor and insufficient as to induce the former assembly to rent a room for a jail. S. F. Minutes, 1849, 10, 40, 142. The brig was soon overcrowded. Alta Cal., Aug. 4, 1850; Cal. Courier, July 16, 1850. regular allowance was made for the chain-gang overseer, whose task promoted much public work. A regular jail was erected on Broadway in 1851. Id., Sept. 30, 1851.

68 Under the direction of Malachi Fallon, as captain, chosen Aug. 13th, assisted by Major Beck and by a force which from 30 men increased to 50 by Feb. 1850, and by the following year to 75. The pay had also risen from $6 to $8 a day, with $2 extra for the 5 captains. It was then proposed to reduce the force to 46 men and 4 captains at $150 and $200 a month. Ib. Gold and silver badges were ordered for the first chief and his men; a station was assigned to each of the 4 wards. See S. F. Minutes, 1849, 52-3, 79, 90-1, 102, 161, 167; S. F. Herald, July 12, 1850; Schenck's Vig., MS., 22. Fallon was chosen city marshal by the democrats in 1850. S. F. Times, Jan. 12, 1867. Fallon had served in the New York force. Fifty-eight names on his force in S. F. Directory, 1850, 123-4.

69A street commissioner received $500 a month, and a superintendent of public repairs $600. Teams were bought by the city for clearing streets.

dry

EARLY ELECTIONS.

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Several sums were assigned for starting wharves on Market, California, and Pacific streets, which in course of two years absorbed over $300,000. The proposed hospital dwindled to a contract with Peter Smith, which proved a costly bargain for the city," and to allowances to the state marine hospital and subsequently to a brig for housing insane people.

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So far the plans of the city-builders had not brought forth any public work of a striking character, save in street improvements; but this shortcoming redounds to their credit, for at the close of the year they left a surplus in the treasury. Far different was the record of the following councils. By the election of January 8, 1850, Alcalde Geary and half of his colleagues were confirmed in position by more than double the preceding vote. The rest were new men,73 who assisted, not alone in laying the foundation for a fast-growing debt, but in reducing the resources of the city by hurried

Although citizens paid two thirds of the cost of grading and planking from their own pockets, as the grand jury points out, S. F. Herald, Sept. 30, 1851, yet large sums were continually appropriated by the authorities to this end, $100,000, on Jan. 1850, alone. S. F. Minutes, 1849-50, 124; Williams' Stat., MS., 13. The comptroller shows an expenditure for streets and landings, exclusive of wharves, from Aug. 1849 to Feb. 1851, of $471,282. Alta Cal., Apr. 27, 1851.

10 lb. $400,000 was appropriated for these wharves, Jan. 7, 18, 1850, although evidently not all paid over. Id., 112-14, 123-4.

The plans proposed in the council included a building with a city hall. The Waverly house was subsequently bought for $20,000, but destroyed by fire. In Jan. 1850 the hospital bill amounted to $6,600, in April Smith demanded $13,000. This hospital was burned in Sept. 1850. Up to May 1851, over $200,026 had been expended for hospital purposes. Alta Cal., Apr. 27, 1851. To the state marine hospital, provided for in 1850 and opened in Dec., Pac. News, Dec. 27, 1850, Cal. Statutes, 1850, 164, 343, was assigned $30,000, while its expenses were $70,000, for 97 city and 17 state patients. In 1851 a contract was concluded for the care of the city at $2,500 a month. An insufficient allowance was then made to the brig at North Beach for the reception of the insane. In 1850 pauper burials were arranged for at $35 each. S. F. Minutes, 1849-50, 68, 79-82, 98, 129-30, 138, 200; S. F. Herald, Sept. 30, 1851. Smith's claims will be treated of later.

men.

72 Of $40,000, and no bad blot upon their public character.

73 Geary received the largest vote, being 3,425. Turk figures again as second alcalde. Green, Brannan, Ellis, Stewart, Davis, were the reelected councilJ. S. Graham, F. Tilford, M. Crooks, A. M. Van Nostrand, H. C. Murray, F. C. Gray, and J. Hagan completed the number. They met Jan. 11th and formed into committees. Dodge was retained as clerk. A. A. Selover was chosen city auctioneer. S. F. Minutes, 1850, 115 et seq.; Pac. News, Feb. 1850, etc. Despite the rain the election was exciting, though orderly. Upham's Notes, 268-71.