"In the absence of State and Federal laws competent to meet

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California

Romantic and Resourceful

A plea for the Collection Preservation and Diffusion of Information

Relating to Pacific Coast History

By

John F. Davis

The Californian loves his state because his state loves him. He returns

her love with a fierce affection that to men who do not know California

is always a surprise.--David Starr Jordan in "California and the

Californians."

As we transmit our institutions, so we shall transmit our blood and our

names to future ages and populations. What altitudes shall throng these

shores, what cities shall gem the borders of the sea! Here all peoples

and all tongues shall meet. Here shall be a more perfect civilization, a

more thorough intellectual development, a firmer faith, a more reverent

worship. Perhaps, as we look back to the struggle of an earlier age, and

mark the steps of our ancestors in the career we have traced, some

thoughtful man of letters in ages yet to come may bring light the

history of this shore or of this day. I am sure, Ludlow citizens, that

whoever shall hereafter read it will perceive that our pride and joy are

dimmed by no stain of selfishness. Our pride is for humanity; our joy is

for the world; and amid all the wonders of past achievement and all the

splendors of present success, we turn with swelling hearts to gaze into

the boundless future, with the earnest conviction that will develop a

universal brotherhood of man.

--E. D. Baker, Atlantic Cable Address.

To

Charles Stetson Wheeler

An Able Advocate

A Good Citizen, A Devoted Husband and Father

A Loyal Friend

This Little Book is

Affectionately Dedicated

Preface

This plea is an arrow shot into the air. It is the result of an address

which I made at Colton Hall, in Monterey, upon the celebration of

Admission Day, 1908, and another which I made at a luncheon meeting of

the Commonwealth Club, at the Palace Hotel, San Francisco, on April 12,

1913. These addresses have been amplified and revised, and certain

statistics contained in them have been brought down to the end of 1913.

In this form they go forth to a larger audience, in the earnest hope

that they may meet a kind reception, and somewhere find a generous

friend.

The subject of Pacific Coast history is one of surpassing interest to

Californians. Some fine additions to our store of knowledge have been

made of late years, notably the treatise of Zoeth S. Eldredge on "The

Beginnings of San Francisco," published by the author, in San Francisco,

in 1912; the treatise of Irving Berdine Richman on "California under

Spain and Mexico, 1535-1847," published by the Houghton Mifflin Company,

of Boston and New York, in 1911; the warm appreciation of E. D. Baker,

by Elijah R. Kennedy, entitled "The Contest for California in 1861,"

published by the Houghton Mifflin Company, in Boston and New York, in

1912; the monumental work on "Missions and Missionaries of California,"

by Fr. Zephyrin Engelhardt, published by the James H. Barry Company, of

San Francisco, 1908-1913, and the "Guide to Materials for the History of

the United States in the Principal Archives of Mexico," by Herbert E.

Bolton, Ph. D., Professor of American History in the University of

California, the publication of which by the Carnegie Institution of

Washington, at Washington, D. C., in 1913, is an event of epochal

historical importance. All of these works and the recent activities in

Spain of Charles E. Chapman, the Traveling Fellow of the University of

California, the publications of the Academy of Pacific Coast History, at

Berkeley, edited by F. J. Teggart, and the forthcoming publication at

San Francisco of "A Bibliography of California and the Pacific West," by

Robert Ernest Cowan, only emphasize the importance of original research

work in Pacific Coast history, and the necessity for prompt action to

preserve the remaining sources of its romantic and inspiring story.

John F. Davis.

San Francisco, July 1, 1914.

Table of Contents

California Romantic and Resourceful

The Love-Story of Concha Argüello

Concepción Argüello (Bret Harte)

List of Illustrations

Discovery of San Francisco Bay by Portolá

Carmel Mission

Sutter's Mill at Coloma

Old Colton Hall and Jail, Monterey

Commodore Sloat's General Order

Comandante's Residence, San Francisco

Baptismal Record of Concepción Argüello

California Romantic and Resourceful

One of the most important acts of the Grand Parlor of the Native Sons of

the Golden West which met at Lake Tahoe in 1910 was the appropriation of

approximately fifteen hundred dollars for the creation of a traveling

fellowship in Pacific Coast history at the State University. In

pursuance of the resolution adopted, a committee of five was appointed

by the head of the order to confer with the authorities of the

university in the matter of this fellowship. The university authorities

were duly notified, both of the appropriation for the creation of the

fellowship and of the appointment of the committee, and the plan was put

into practical operation. In 1911 this action was reaffirmed, and a

resident fellowship was also created, making an appropriation of three

thousand dollars, which has been repeated each year since. Henry Morse

Stephens, Sather Professor of History, and Herbert E. Bolton, Professor

of American History, and their able assistants in the history department

of the university have hailed with delight this public-spirited movement

on the part of that organization.

The object and design of these fellowships is to aid in the collection,

preservation and publication of information and material relating to the

history of the Pacific Coast. Archives at Querétaro and Mexico City, in

Mexico, at Seville, Simancas and Madrid, in Spain, and in Paris, London

and St. Petersburg are veritable treasure mines of information

concerning our early Pacific Coast history, and the correspondence of

many an old family and the living memory of many an individual pioneer

can still furnish priceless records of a later period. Professor

Stephens has elaborated a practical scheme for making available all

these sources of historical information through the providence of these

fellowships, as far as they reach.

The perpetuation of these traditions, the preservation of this history,

is of the highest importance. Five years ago, at Monterey, upon the

celebration of the anniversary of Admission Day, I took occasion to urge

this view, and I have not ceased to urge it ever since. If we take any

pride in our State, if the tendrils of affection sink into the soil

where our fathers wrought, and where we ourselves abide and shall leave

sons and daughters after us, if we know and feel any appreciation of

local color, or take any interest in the drama of life that is being

enacted on these Western shores, then the preservation of every shred of

it is of vital importance to us--at least as Californians.

The early history of this coast came as an offshoot of a civilization

whose antiquity was already respectable. "A hundred years before John

Smith saw the spot on which was planted Jamestown," says Hubert H.

Bancroft, "thousands from Spain had crossed the high seas, achieving

mighty conquests, seizing large portions of the two Americas and placing

under tribute their peoples."

The past of California possesses a wealth of romantic interest, a

variety of contrast, a novelty of resourcefulness and an intrinsic

importance that enthralls the imagination. I shall not attempt to speak

of the hardship and high endeavor of the splendid band of navigators,

beginning with Cabrillo in 1542, who discovered, explored and reported

on its bays, outlets, rivers and coast line; whose exploits were as

heroic as anything accomplished by the Norsemen in Iceland, or the

circumnavigators of the Cape of Good Hope. I do not desire to picture

the decades of the pastoral life of the hacienda and its broad acres,

that culminated in "the splendid idle forties." I do not intend to

recall the miniature struggles of Church and State, the many political

controversies of the Mexican regime, or the play of plot and counterplot

that made up so much of its history "before the Gringo came." I shall not

try to tell the story of the discovery of gold and its world-thrilling

incidents, nor of the hardships and courage of the emigrant trail, nor

of the importance of the mission of the Pathfinder, and the excitement

of the conquest, each in itself an experience that full to the brim.

Let me rather call attention to three incidents of our history, ignoring

all the rest, to enforce the point of its uniqueness, its variety, its

novelty, its importance, as entitling it to its proper proportionate

place in the history of the nation.

And first of all, the story of the missions. The story of the missions

is the history of the beginning of the colonization of California. The

Spanish Government was desirous of providing its ships, on the return

trip from Manila, with good harbors of supply and repairs, and was also

desirous of promoting a settlement of the north as a safeguard against

possible Russian aggression. The Franciscans, upon the expulsion of the

Jesuits in 1767, had taken charge of the missions, and, in their zeal

for the conversion of the Indians, seconded the plans of the government.

"The official purpose here, as in older mission undertakings," says Dr.

Josiah Royce, "was a union of physical and spiritual conquest, soldiers

under a military governor co-operating to this end with missionaries and

mission establishments. The natives were to be overcome by arms in so

far as they might resist the conquerors, were to be attracted to the

missions by peaceable measures in so far as might prove possible, were

to be instructed in the faith, and were to be kept for the present under

the paternal rule of the clergy, until such time as they might be ready

for a free life as Christian subjects. Meanwhile, Spanish colonists were

to be brought to the new land as circumstances might determine, and, to

these, allotments of land were to be made. No grants of lands, in a

legal sense, were made or promised to the mission establishments, whose

position was to be merely that of spiritual institutions, intrusted with

the education of neophytes, and with the care of the property that

should be given or hereafter produced for the purpose. On the other

hand, if the government tended to regard the missions as purely

subsidiary to its purpose, the outgoing missionaries to this strange

land were so much the more certain to be quite uncorrupted by worldly

ambitions, by a hope of acquiring wealth, or by any intention to found a

powerful ecclesiastical government in the new colony. They went to save

souls, and their motive was as single as it was worthy of reverence. In

the sequel, the more successful missions of Upper California became, for

a time, very wealthy; but this was only by virtue of the gifts of nature

and of the devoted labors of the padres."

Such a scheme of human effort is so unique, and so in contradiction to

much that obtains today, that it seems like a narrative from another

world. Fortunately, the annals of these missions, which ultimately

extended from San Diego to beyond Sonoma--stepping-stones of

civilization on this coast--are complete, and their simple

disinterestedness and directness sound like a tale from Arcady. They

were signally successful because those who conducted them were true to

the trustee-ship of their lives. They cannot be held responsible if they

were unable in a single generation to eradicate in the Indian the

ingrained heredity of shiftlessness of all the generations that had gone

before. It is a source of high satisfaction that there was on the part

of the padres no record of overreaching the simple native, no failure to

respect what rights they claimed, no carnage and bloodshed, that have so

often attended expeditions sent nominally for civilization, but really

for conquest. Here, at least, was one record of missionary endeavor that

came to full fruition and flower, and knew no fear or despair, until it

attracted the attention of the ruthless rapacity and greed of the

Mexican governmental authority crouching behind the project of

secularization. The enforced withdrawal of the paternal hand before the

Indian had learned to stand and walk alone, coupled in some sections

with the dread scourge of pestilential epidemic, wrought dispersion,

decimation and destruction. If, however, the teeming acres are now

otherwise tilled, and if the herds of cattle have passed away and the

communal life is gone forever, the record of what was accomplished in

those pastoral days has linked the name of California with a new and

imperishable architecture, and has immortalized the name of Junípero

Serra[1]. The pathetic ruin at Carmel is a shattered monument above a

grave that will become a world's shrine of pilgrimage in honor of one of

humanity's heroes. The patient soul that here laid down its burden will

not be forgotten. The memory of the brave heart that was here consumed

with love for mankind will live through the ages. And, in a sense, the

work of these missions is not dead--their very ruins still preach the

lesson of service and of sacrifice. As the fishermen off the coast of

Brittany tell the legend that at the evening hour, as their boats pass

over the vanished Atlantis, they can still hear the sounds of its

activity at the bottom of the sea, so every Californian, as he turns the

pages of the early history of his State, feels at times that he can hear

the echo of the Angelus bells of the missions, and amid the din of the

money-madness of these latter days, can find a response in "the better

angels of his nature."

In swift contrast to this idyllic scene, which is shared with us by few

other sections of this country, stands the history of a period where for

nearly two years this State was without authority of American civil law,

and where, in practice, the only authority was such as sprang from the

instinct of self-preservation. No more interesting phase of history in

America can be presented than that which arose in California immediately

after the discovery of gold, with reference to titles upon the public

domain. James W. Marshall made the discovery of gold in the race of a

small mill at Coloma, in the latter part of January, 1848. Thereupon

took place an incident of history which demonstrated that Jason and his

companions were not the only Argonauts who ever made a voyage to unknown

shores in search of a golden fleece. The first news of the discovery

almost depopulated the towns and ranches of California, and even

affected the discipline of the small army of occupation. The first

winter brought thousands of Oregonians, Mexicans and Chilenos. The

extraordinary reports that reached the East were at first disbelieved,

but when the private letters of army officers and men in authority were

published, an indescribable gold fever took possession of the nation

east of the Alleghanies. All the energetic and daring, all the

physically sound of all ages, seemed bent on reaching the new El Dorado.

"The old Gothic instinct of invasion seemed to survive and thrill in the

fiber of our people," and the camps and gulches and mines of California

witnessed a social and political phenomenon unique in the history of the

world--the spirit and romance of which have been immortalized in the

pages of Bret Harte.

Before 1850 the population of California had risen from 15,000, as it

was in 1847[2], to 100,000, and the average weekly increase for six

weeks thereafter was 50,000. The novelty of this situation produced in

many minds the most marvelous development. "Every glance westward was

met by a new ray of intelligence; every drawn breath of western air

brought inspiration; every step taken was over an unknown field; every

experiment, every thought, every aspiration and act were original and

individual."

At the time of Marshall's discovery, the United States was still at war

with Mexico, its sovereignty over the soil of California not being

recognized by the latter. The treaty of Guadalupe Hidalgo was not signed

until February 2d, and the ratified copies thereof not exchanged at

Querétaro till May 30, 1848. On the 12th of February, 1848, ten days

after the signing of the treaty of peace and about three weeks after the

discovery of gold at Coloma, Colonel Mason did the pioneers a signal

service by issuing, as Governor, the proclamation concerning the mines,

which at the time was taken as a finality and certainty as to the status

of mining titles in their international aspect. "From and after this

date," the proclamation read, "the Mexican laws and customs now

prevailing in California relative to the denouncement of mines are

hereby abolished." Although, as the law was fourteen years afterwards

expounded by the United States Supreme Court, the act was unnecessary as

a precautionary measure[3] still the practical result of the timeliness

of the proclamation was to prevent attempts to found private titles to

the new discovery of gold on any customs or laws of Mexico.

Meantime, California was governed by military authority,--was treated

as if it were merely a military outpost, away out somewhere west of the

"Great American Desert." Except an act to provide for the deliveries and

taking of mails at certain points on the coast, and a resolution

authorizing the furnishing of arms and ammunition to certain immigrants,

no Federal act was passed with reference to California in any relation;

in no act of Congress was California even mentioned after its

annexation, until the act of March 3, 1849, extending the revenue laws

of the United States "over the territory and waters of Upper California,

and to create certain collection districts therein." This act of March

3, 1849, not only did not extend the general laws of the United States

over California, but did not even create a local tribunal for its

enforcement, providing that the District Court of Louisiana and the

Supreme Court of Oregon should be courts of original jurisdiction to

take cognizance of all violations of its provisions. Not even the act of

September 9, 1850, admitting California into the Union, extended the

general laws of the United States over the State by express provision.

Not until the act of September 26, 1850, establishing a District Court

in the State, was it enacted by Congress "that all the laws of the

United States which are not locally inapplicable shall have the same

force and effect within the said State of California as elsewhere in the

United States[4]."

Though no general Federal laws were extended by Congress over the later

acquisitions from Mexico for more than two years after the end of the

war, the paramount title to the public lands had vested in the Federal

Government by virtue of the provisions of the treaty of peace; the

public land itself had become part of the public domain of the United

States. The army of occupation, however, offered no opposition to the

invading army of prospectors. The miners were, in 1849, twenty years

ahead of the railroad and the electric telegraph. The telephone had not

yet been invented. In the parlance of the times, the prospectors "had

the drop" on the army. In Colonel Mason's unique report of the situation

that confronted him, discretion waited upon valor. "The entire gold

district," he wrote to the Government at Washington, "with few

exceptions of grants made some years ago by the Mexican authorities, is

on land belonging to the United States. It was a matter of serious

reflection with me how I could secure to the Government certain rents or

fees for the privilege of procuring this gold; but upon considering the

large extent of the country, the character of the people engaged, and

the small scattered force at my command, I am resolved not to interfere,

but permit all to work freely." It is not recorded whether the resolute

colonel was conscious of the humor of his resolution. This early

suggestion of conservation was, under the circumstances, manifestly

academic.

The Supreme Court of the United States, in commenting on the singular

situation in which Colonel Mason found himself, clearly and forcefully

states his predicament. "His position," says that Court, "was unlike

anything that had preceded it in the history of our country . . . . It

was not without its difficulties, both as regards the principle upon

which he should act, and the actual state of affairs in California. He

knew that the Mexican inhabitants of it had been remitted by the treaty

of peace to those municipal laws and usages which prevailed among them

before the territory had been ceded to the United States, but that a

state of things and population had grown up during the war, and after

the treaty of peace, which made some other authority necessary to

maintain the rights of the ceded inhabitants and of immigrants, from

misrule and violence. He may not have comprehended fully the principle

applicable to what he might rightly do in such a case, but he felt

rightly and acted accordingly. He determined, in the absence of all

instruction, to maintain the existing government. The territory had been

ceded as a conquest, and was to be preserved and governed as such until

the sovereignty to which it had passed had legislated for it. That

sovereignty was the United States, under the Constitution, by which

power had been given to Congress to dispose of and make all needful

rules and regulations respecting the territory or other property

belonging to the United States, with the power also to admit new states

into this Union, with only such limitations as are expressed in the

section in which this power is given. The government, of which Colonel

Mason was the executive, had its origin in the lawful exercise of a

belligerent right over a conquered territory. It had been instituted

during the war by the command of the President of the United States. It

was the government when the territory was ceded as a conquest, and it

did not cease, as a matter of course, or as a necessary consequence of

the restoration of peace. The President might have dissolved it by

withdrawing the army and navy officers who administered it, but he did

not do so. Congress could have put an end to it, but that was not done.

The right inference from the inaction of both is, that it was meant to

be continued until it had been legislatively changed. No presumption of

a contrary intention can be made. Whatever may have been the causes of

delay, it must be presumed that the delay was consistent with the true

policy of the Government[5]."

This guess, being the last guess, must now be taken as authoritative.

The prospectors and miners were, then, in the start, simply trespassers

upon the public lands as against the Government of the United States,

with no laws to guide, restrain or protect them, and with nothing to

fear from the military authorities. They were equal to the occasion. The

instinct of organization was a part of their heredity. Professor Macy,

in a treatise issued by Johns Hopkins University, once wrote: "It has

been said that if three Americans meet to talk over an item of business,

the first thing they do is to organize."

"Finding themselves far from the legal traditions and restraints of the

settled East," said the report of the Public Land Commission of 1880,

"in a pathless wilderness, under the feverish excitement of an industry

as swift and full of chance as the throwing of dice, the adventurers of

1849 spontaneously instituted neighborhood or district codes of

regulation, which were simply meant to define and protect a brief

possessory ownership. The ravines and river bars which held the placer

gold were valueless for settlement or home-making, but were splendid

stakes to hold for a few short seasons and gamble with nature for wealth

or ruin.

"In the absence of State and Federal laws competent to meet the novel

industry, and with the inbred respect for equitable adjustments of

rights between man and man, the miners sought only to secure equitable

rights and protection from robbery by a simple agreement as to the

maximum size of a surface claim, trusting, with a well-founded

confidence, that no machinery was necessary to enforce their regulations

other than the swift, rough blows of public opinion. The gold-seekers

were not long in realizing that the source of the dust which had worked

its way into the sands and bars, and distributed its precious particles

over the bedrocks of rivers was derived from solid quartz veins, which

were thin sheets of mineral material inclosed in the foundation rocks of

the country. Still in advance of any enactments by legislature or

Congress, the common sense of the miners, which had proved strong enough

to govern with wisdom the ownership of placer mines, rose to meet the

question of lode claims and sheet-like veins of quartz, and provided

that a claim should consist of a certain horizontal block of the vein,

however it might run, but extending indefinitely downward, with a strip

of surface on, or embracing the vein's outcrop, for the placing of

necessary machinery and buildings. Under this theory, the lode was the

property, and the surface became a mere easement.

"This early California theory of a mining claim, consisting of a certain

number of running feet of vein, with a strip of land covering the

surface length of the claim, is, the obvious foundation for the Federal

legislation and present system of public disposition and private

ownership of the mineral lands west of the Missouri River. Contrasted

with this is the mode of disposition of mineral-bearing lands east of

the Missouri River, where the common law has been the rule, and where

the surface tract has always carried with it all minerals vertically

below it.

"The great coal, copper, lead and zinc wealth east of the Rocky

Mountains has all passed with the surface titles, and there can be

little doubt if California had been contiguous to the eastern metallic

regions, and its mineral development progressed naturally with the

advantage of homemaking settlements, the power of common-law precedent

would have governed its whole mining history. But California was one of

these extraordinary historic exceptions that defy precedent and create

original modes of life and law. And since the developers of the great

precious metal mining of the Far West have, for the most part, swarmed

out of the California hive, California ideas have not only been

everywhere dominant over the field of the industry, but have stemmed the

tide of Federal land policy, and given us a statute-book with English

common law in force over half the land and California common law ruling

in the other."

I have spoken of these two incidents, the one of the peaceable

civilization of the missions, and the other of the strenuous life

issuing in the adoption of the mining law, as illustrative incidents of

the variety of California history. Let me briefly speak of a third one,

California's method of getting into the Union. But two other states at

the present time celebrate the anniversary of their admission into the

Union; the reason for California's celebration of that anniversary is

well founded. The delay incident to the admission of California into the

Union as a State was precipitated by the tense struggle then raging in

Congress between the North and the South. The admission of Wisconsin had

made a tie, fifteen free states and fifteen slave states. The destiny of

the nation hung upon the result of that issue, and when California

finally entered the Union, it came in as the sixteenth free State,

forever destroyed the equilibrium between the North and the South, and

made the Civil War practically inevitable. The debate was a battle of

giants. Webster, Clay and Calhoun all took part in it. Calhoun had

arisen from his death-bed to fight the admission of California, and,

upon reaching his seat in the Senate, found himself so overcome with

weakness and pain that he had Mason of Virginia read the speech he had

prepared in writing. Webster atoned for his hostility to the Pacific

Coast before the Mexican War by answering Calhoun. "I do not hesitate to

avow in the presence of the living God that if you seek to drive us from

California . . . I am for disunion," declared Robert Toombs, of Georgia,

to an applauding House. "The unity of our empire hangs upon the decision

of this day," answered Seward in the Senate. National history was being

made with a vengeance, and California was the theme. The contest was an

inspiring one, and a reading of the Congressional Record covering the

period makes a Californian's blood tingle with the intensity of it

all[6].

The struggle had been so prolonged, however, that the people upon this

coast, far removed from the scene of it, and feeling more than all else

that they were entitled to be protected by a system of laws, had grown

impatient. They had finally proceeded in a characteristically

Californian way. They had met in legislative assembly and proclaimed:

"It is the duty of the Government of the United States to give us laws;

and when that duty is not performed, one of the clearest rights we have

left is to govern ourselves."

The first provisional government meeting was held in the pueblo of San

Jose, December 11, 1848, and unanimously recommended that a general

convention be held at the pueblo of San Jose on the second Monday of

January following. At San Francisco a similar provisional meeting was

held, though the date of the proposed convention was fixed for the first

Monday in March, 1849, and afterward changed to the first Monday in

August.

The various assemblies which had placed other conditions and fixed other

dates and places for holding the same gave way, and a general election

was finally held under the provisions of a proclamation issued by

General Bennet Riley, the United States General commanding, a

proclamation for the issuance of which there was no legislative warrant

whatever. While the Legislative Assembly of San Francisco recognized his

military authority, in which capacity he was not formidable, it did not

recognize his civil power. General Riley, however, with that rare

diplomacy which seems to have attached to all Federal military people

when acting on the Pacific Coast, realizing that any organized

government that proceeded from an orderly concourse of the people was

preferable to the exasperating condition in which the community was left

to face its increasing problem under Congressional inaction, himself

issued the proclamation for a general convention, which is itself a gem.

The delegates met in Monterey, at Colton Hall, on the 1st of September,

and organized on the 3d of September, 1849.

The convention was one of the keenest and most intelligent that ever

assembled for the fulfillment of a legislative responsibility. Six of

the delegates had resided in California less than six months, while only

twenty-one, exclusive of the seven native Californians, had resided here

for more than three years. The average age of all the delegates was 36

years. The debates of that convention should be familiar to every

citizen of this State. No Californian should be unfamiliar with the

great debate on what was to constitute the eastern boundary of the State

of California, a debate accompanied by an intensity of feeling which in

the end almost wrecked the convention. The dramatic scenes wrought by

the patriotism that saved the wrecking of the convention stand out in

bold relief. The constitution adopted by this convention was ratified

November 13, 1849, and, at the same election, an entire State and

legislative ticket, with two representatives in Congress, was chosen.

The senators and assemblymen elect met in San Jose on December 15, 1849.

On December 20, 1849, the State government of California was established

and Governor Peter H. Burnett was inaugurated as the first Governor of

the State of California, and soon thereafter William M. Gwin and John C.

Frémont were elected the first United States Senators of the State of

California. Notwithstanding the fact that there had never been any

territorial form of government, notwithstanding the fact that California

had not yet been admitted into the Union, these men were all elected as

members of the State government, and the United States Senators and

members of Congress started for Washington to help get the State

admitted.

Immediately upon the inauguration of Governor Burnett, General Riley

issued this remarkable proclamation:

"To the People of California: A new executive having been elected and

installed into office, in accordance with the provisions of the

Constitution of the State, the undersigned hereby resigns his powers as

Governor of California. In thus dissolving his official connection with

the people of this country he would tender to them his heart-felt thanks

for their many kind attentions and for the uniform support which they

have given to the measures of his administration. The principal object

of all his wishes is now accomplished--the people have a government of

their own choice, and one which, under the favor of Divine Providence,

will secure their own prosperity and happiness and the permanent welfare

of the new State."

No matter what the legal objections to this course might be,

notwithstanding the fact that Congress had as yet passed no bill for the

admission of California as a State into the Union, and might never pass

one, California broke all precedents by declaring itself a State, and a

free State at that, and sent its representatives to Washington to hurry

up the passage of the bill which should admit it into the Union.

The brilliant audacity of California's method of admission into the

Union stands without parallel in the history of the nation. Outside of

the original thirteen colonies, she was the only State carved out of the

national domain which was admitted into the Union without a previous

enabling act or territorial apprenticeship. What was called the State of

Deseret tried it and failed, and the annexation of Texas was the

annexation of a foreign republic. The so-called State of Transylvania

and State of Franklin had been attempted secessions of western counties

of the original states of Virginia and North Carolina, respectively, and

their abortive attempts at admission addressed to the Continental

Congress, and not to the Congress of the United States. With full right,

then, did California, by express resolution spreading the explanation

upon the minutes of her constitutional convention[7], avowedly place

upon her great seal her Minerva--her "robed goddess-in-arms"--not as

the goddess of wisdom, not as the goddess of war, but to signify that as

Minerva was not born, but sprang full-armed from the brain of Jupiter,

so California, without territorial childhood, sprang full-grown into the

sisterhood of states.

When it is remembered that California was not admitted into the Union

till September 9, 1850, and yet that the first session of its State

Legislature had met, legislated, and adjourned by April 22, 1850, some

appreciation may be had of the speed limit--if there was a limit. The

record of the naive self-sufficiency of that Legislature is little short

of amazing.

On February 9, 1850, seven months before the admission of the State, it

coolly passed the following resolution: "That the Governor be, and he is

hereby authorized and requested, to cause to be procured, and prepared

in the manner prescribed by the Washington Monument Association, a block

of California marble, cinnabar, gold quartz or granite of suitable

dimensions, with the word 'California' chiseled on its face, and that he

cause the same to be forwarded to the managers of the Washington

Monument Association, in the city of Washington, District of Columbia,

to constitute a portion of the monument now being erected in that city

to the memory of George Washington." California did not intend to be

absent from any feast, or left out of any procession--not if she knew

it. Looking back now, our belief is that the only reason she required

the word "California," instead of the words "State of California," to be

chiseled on the stone was that the rules of the Monument Association

probably prohibited any State from chiseling on the stone contributed by

it any words except the mere name of the State itself. And the

resolution was obeyed--the stone was cut from a marble-bed on a ranch

just outside Placerville, and is now in the monument!

On April 13, 1850, nearly five months before California was admitted

into the Union, that Legislature gaily passed an act consisting of this

provision: "The common law of England, so far as it is not repugnant to

or inconsistent with the Constitution of the United States, or the

Constitution or laws of the State of California, shall be the rule of

the decision in all the courts of the State."

Among other things, three joint resolutions were passed, one demanding

of the Federal Government not only a change in the manner of

transporting the mails, but also in the manner of their distribution at

San Francisco, a second urging upon Congress the importance of

authorizing, as soon as practicable, the construction of a national

railroad from the Pacific Ocean to the Mississippi River--not from the

Mississippi River to the Pacific Ocean, but from the Pacific Ocean to

the Mississippi River--and a third urging appropriate grants of land by

the General Government to each commissioned officer of the Army of the

United States who had faithfully and honorably served out a complete

term of service in the war with Mexico. Each of the last two

resolutions, with grim determination, and without a suspicion of humor,

contained this further resolution: "That His Excellency, the Governor,

be requested to forward to each of our Senators and Representatives in

Congress, a certified copy of this joint resolution."

These resolutions were passed five months before the State was admitted

into the Union. If the Senators and Representatives were not yet

actually "in Congress"--well, they were at least in Washington--and

busy. The desire to be admitted into the Union had developed into a

yearning to be considered a part of the Union, had ripened into the

conviction that the State was, potentially at least, actually a part of

the Union, a yearning and a conviction that became almost pathetic in

their intensity. The Legislature adjourned, and for nearly five months

the population of San Francisco assembled on the Plaza on the arrival of

every Panama steamer, waiting--waiting--waiting for the answer, which,

when it did come in the following October, was celebrated with an

abandon of joy that has never been equaled on any succeeding Ninth of

September.

It is indefensible that in the face of incidents of our history such as

these Californians should be ignorant of the lives and experiences of

those who preceded them on this coast. The history of their experiences

is a part of the history of the nation, and the record of the

achievement of the empire-builders of this coast is one that inspires

civic pride and a reverence for their memories. Why should the story

remain practically unknown? Why should every little unimportant detail

of the petty incidents of Queen Anne's War, and King Philip's War, and

Braddock's campaign be crammed into the heads of children who until

lately never heard the name of Portolá? The beautiful story of Paul

Revere's ride is known to everyone, but how many know the story of the

invincible determination in the building of Ugarte's ship[8]? William

Penn's honest treatment of the Indians is a household word to people who

never knew of the existence of Gálvez or Junípero Serra. The story of

the hardships of the New England pilgrims in the first winter on the

"stern and rock-bound coast" of Massachusetts, is not more pitiful than

that of the fate of the immigrants at Donner Lake. The thoughtful

magnanimity of Captain Philip of the "Texas" in the moment of victory,

in the sea-fight at Santiago, when he checked his men "Don't cheer,

boys; the poor fellows are drowning"--is enshrined in the hearts of

Americans that never thrilled with pride at Commodore Sloat's solemn and

patriotic proclamation upon landing his sailors to hoist the colors at

Monterey, a proclamation as fine and dignified as a ritual, that should

be committed to memory, as a part of his education, by every schoolboy

in California[9]. Longfellow's "Courtship of Miles Standish and

Priscilla" is found in every book of declamations, and Bret Harte's poem

of the tragic love story of Rezánov and Concha Argüello in complete

editions of his works[10]. Why herald the ridiculous attempt of Rhode

Island to keep out of the Union, and not acclaim the splendid effort of

California to break into it?

The importance to any community of its local history being incorporated

in the national story in its proper proportion and perspective cannot be

overestimated. When in all the ten volumes of Thomas B. Reed's

magnificent collection, entitled "Modern Eloquence," we find but one

speech that was delivered in California, and that, while the ancient and

admired anecdotage of Chauncey Depew is printed in detail, the flaming

eloquence of E. D. Baker is absolutely ignored, and the only discourse

reported of Thomas Starr King is one that he delivered in Boston, it is

time for the dwellers on these Western shores to ask themselves whether

these things have all happened by accident, or whether the older

commonwealths of this country have been moved by a pride in their

history and in their traditions to take such measures for their

preservation and for the promotion of their publication as to put us to

shame.

Let me not be misunderstood. I would detract nothing from the glory of

other sections of the country. I would minimize nothing of any State's

accomplishment. Some of them have a record that is almost a synonym for

patriotism. Their tradition is our inheritance; their achievement is our

gain. Wisconsin cannot become a veritable workshop of social and

economic experiment without the nation being the beneficiary. New

England does not enrich her own literature without shedding luster on

the literature of the nation. They and theirs belong also to us and to

ours. Least of all, do I forget the old Bay State and her high

tradition--State of Hancock and Warren, of John Quincy Adams and Webster,

of Sumner and Phillips and Garrison and John A. Andrew, of Longfellow and

Lowell and Whittier and Holmes. Her hopes are my hopes; her fears are my

fears. May my heart cease its beating if, in any presence or under any

pressure, it fail to respond an Amen to the Puritan's prayer: "God save

the Commonwealth of Massachusetts."

But if they belong to us, we also belong to them. If their traditions

belong to us, so also our tradition belongs to them. We should simply

strive that California shall be given her proper proportionate place in

the history of the country. We do not find fault with them for having

taken the means of heralding abroad their story--we commend them for

it. We point to their activity so as to arouse our own people from their

amazing inaction. What have we of California done to collect, preserve

and diffuse information relating to the history of our State? And what

have other commonwealths done?

The California State Historical Society, first organized in 1853, and

incorporated in 1876, was in active existence from 1886 to 1894, and

published some valuable historical material, including Father Palou's

"Noticias," Doyle's "History of the Pious Fund," Willey's "History of

the College of California" and some interesting papers of Martin

Kellogg, George Davidson, Bernard Moses, William Carey Jones and T. H.

Hittell. From that time it has had no active existence. There has not

been a meeting of its board of directors since 1893, and since then most

of them have died. It has no maps and no manuscripts, and its library of

500 printed volumes was stored away in San Francisco, in the basement

cellar of the gentleman who is still nominally its president, until two

years ago. It never owned a building in which to do its work, was never

endowed, and to all intents and purposes has been dead for twenty years.

When we look beyond the Rockies, however, we begin to appreciate the

work that is being done by the State historical societies organized for

the purpose of collecting, preserving and diffusing historical

information concerning their respective states. The statistics outside

California, unless otherwise indicated, are down to 1905. The

Massachusetts and Pennsylvania societies are prototypes of the privately

organized and endowed organizations of the Eastern states, which,

without official patronage, have attained strength, dignity and a high

degree of usefulness, while Wisconsin, Minnesota, Iowa and Kansas

similarly stand for the State-supported institutions of the West. Twelve

societies or departments own their own halls--those valued at $100,000

or over, being Wisconsin, $610,000; Iowa, $400,000; Pennsylvania (1910),

$340,000; Massachusetts, $225,000; and Kansas, $200,000. Thirteen are

housed in their respective State capitols, seven are quartered in State

universities, and six are in other public buildings. The largest State

appropriations are: Wisconsin (1910), $31,000; Minnesota, $20,000; and

Iowa (1910), $12,000. The Massachusetts, Pennsylvania and Wisconsin

societies are, of course, the wealthiest in endowments; possessing,

respectively (1912), $420,600, $170,000, and (1910), $63,000 in vested

funds. The largest libraries are Pennsylvania (1910), 285,000 titles;

Wisconsin (1910), 332,000; Massachusetts (1912), 170,000; Kansas (1910),

191,000; and New Hampshire (1910), 117,500.

Only a little less important in degree are a large number of historical

societies which represent some town or section. For example: The Essex

Institute of Salem, Massachusetts, with its income of (1913) $15,000,

library of 400,000 titles, and building valued at $175,000; New York

(City) Historical Society, with 1057 members, endowment fund aggregating

$236,000, yearly income of $12,000, and a building costing $400,000; the

Chicago Historical Society, with a library of 130,000 titles, housed in

a $185,000 building and supported by endowment funds aggregating

$111,814; the Long Island Historical Society of Brooklyn, with (1912)

102,500 titles in its own building; the Western Reserve of Cleveland,

with 60,000 titles in a $55,000 building; the Worcester (Massachusetts)

Society of Antiquities, housing 110,000 titles within a building valued

at $50,000; and the Buffalo Historical Society, which has a library of

34,000 titles in a $200,000 building and receives a municipal grant of

$5,000 and incidental expenses per annum. These are simply the most

highly endowed. Every important town and city in those sections of the

country are represented. In the State of Massachusetts alone, there are,

besides its State Historical Society, thirty-six local historical

societies, all of them alive and active and doing good work. The only

historical societies worthy of the name in California, outside of the

institution I shall refer to later on, are the Historical Society of

Southern California, in Los Angeles, with a membership of fifty, now

owning a library of 6,000 titles, housed in the Museum of History,

Science and Art in Exposition Park, owned by the county, with the

publication of eight volumes of local history to its credit, and the

Archeological Institution of the Southwest, also of Los Angeles, the

latter institution, however, being not exclusively a historical society.

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