LIBRARY OF THE UNIVERSITY OF CALIFORNIA. GIFT OK Accession 988.27 Class if i *. President Benjamin Ide Wheeler. From the painting by Orrin Peck t_r i nt Vol.xxxix Overteoxd /loathly n*y, 1902. 7 UNIVERSITY OF sggUFOgj^ Mo 5. The True History of the Founding of the Uni- versity of California BY SAMUEL L. LUPTON ^ 7 ACTS of history sometimes grow =4 dim in the past, the memories of men fail, and when the living witnesses pass away it is not al- ways an easy task to rescue the truth frodfifceblivion. The University of Cali- fornia has now been in existence for the period of time usually allotted as the duration of one generation, and the men who brought it into existence have nearly all passed away. It seems to me the true history of its foundation should oe recorded, while there are yet some living witnesses. On July 2, 1862, Congress passed an act under which this State became entitled tc 150,000 acres of public land for main- taining an agricultural and mechanical arts college. When the legislature met in December, 1865, the State was but fifteen years old. At this session William Holden, a lawyer from Ukiah, represented Mendocino County as an Assemblyman. Notwith- standing the burdens of the people of the State had been great and taxation heavy, Mr. Holden was in favor of accepting the grant of the Government and establish- ing and providing support for a State College, and he proposed, in making the effort to carry out this purpose, to have the institution located, if possible, in his part of the State. We therefore find on page 135 of tne Journal of the Assembly at that session, under the head of introduction of bills, this entry, "By M'r. Holden, for an act to establish an Agricultural and Mechanical Arts College in Sonoma County. Read first and second times, referred to a se- lect committee of five, and the usual number of copies ordered printed." On page 138 of the same journal, we find, "The speaker announced the fol- lowing special committee on agricutural college, Messrs. Holden, Hunt of Santa Clara, Reed, Smith of Eldorado, and Meredith." The Reed here mentioned was Charles F. Reed, assemblyman from Yolo County, and who was at the time the president of the State Agricultural Society, and the Hunt, assemblyman from Santa Clara County, was A. B. Hunt, a lawyer, and now registrar of the United States Land Office in San Francisco. On page 271 of the same journal, a clerk was allowed the committee, on motion of Mr. Holden, for one week. The special committee appointed on Mr. Holden's Bill was in favor of the purpose of the bill, but not in favor of fixing the location in Sonoma County, and favored the changing of the title and purpose of the bill to "An Act to Estab- lish an Agricultural, Mining and Mechan- ical Arts College." The committee there- fore adopted a substitute to the original bill so as to put the three leading indus- tries of the State upon an equal footing. Accordingly on page 372 of the same journal, we find this entry, "Mr. Holden made the following report, 'Mr. Speaker: The special committee to whom was re- ferred Assembly bill No. 49, an act to establish an agricultural and mechanical arts college in Sonoma County, have had the same under consideration and report if back to the Assembly with a substitute therefor, and recommend the adoption of the substitute. Holden, for committee.' "On motion of Mr. Holden the usual number of copies of the substitute above 834 Overland Monthly. Bridge and walk made by students in 1896. reported was ordered printed." This substitute was passed by the legis- lature and became a law M'arch 31, 1866. On page 702, same journal, we find, Mr. Holden introduced, "An act to pro- vide for the selection of the lands do- nated to the State of California by the Act of Congress, approved July 2, 1862, for the endowment of colleges for the benefit of agriculture and the mechanic arts, and all lands that may be granted to the State for like purposes," which act became a law April 2, 1866. On page 770, same journal, we find Mr. Holden offered a joint resolution for the meeting of the Senate and Assembly in joint convention for the purpose of elect- ing five directors for the new college, which joint resolution was adopted. The joint convention was held, and Messrs. Joseph B. Meader, Henry Phil- lips, Felix Tracy, William Holden and C. F. Ryland were elected directors, (see Assembly journal pages 803, 806, 809), to act in conjunction with the three ex- officio members, who were the Governor of the State, F. F. Low; the president of the State Agricultural Society, Charles F. Reed; and the president of the M'e- chanics' Institute of San Francisco, who was at the time, I believe, A. S. Hallidie, the inventor of the cable street-car sys- tem. Thus the organization for the estab- lishment of a State College was put in motion, and William Holden was all through the proceedings leading up there- to the moving active agent thereof. When the State once resolved and un- dertook to establish a State college, "a high seminary of learning, in which the graduates of the common schools can commence, pursue and finish a course of study, etc.," its character and usefulness in the future was necessarily but a mat- ter of evolution and development. The title by which this institution was named was the one used in the act of Congress making the grant of land with the de- partment of ^mining added. The word college was 'used therefore instead of university, although the latter was used Founding of the University of California. 835 in article IX of the first State constitu- tion, wherein it was provided that all grants of land made by the general gov- ernment, or others, in the past, the pres- ent or in the future, should be carefully protected, and the fund accruing from the rents or sale of such lands, or from any other source, shall be a permanent fund for the support of a university, (that is when the fund got to be large enough to establish a university), "for the promo- tion of literature, the arts and sciences." In the memorial of the State Constitu- tional Convention to Congress asking for the admission of the State, on motion of William M. Gwinn, who was afterwards for twelve years United States Senator from this State, and the most influential representative the State has ever had at the National Capital, a grant was asked of public lands for the founding of a university. There were, however, at that time not people enough west of the Rocky Mountains to support a university. The word university was not used as advisedly in those days as now. It was then often used to mean simply a higher class of college. Practically universities did not exist in the United States in those days. Even Harvard and Yale were then commonly known as colleges instead of universities by name. The so-called universities at that time in the United States were generally such only in name, and were institutions of comparatively minor educational importance and stand- ing. When this Agricultural College bill had become a law, the directors met, organ- ized and elected Governor Low President of the Board. They then selected a site for the State College, which was located about a mile north of the present site of the university. Prior to this time there had been sev- eral colleges established in the State. In 1851, the Methodists had established a college at Santa Clara and which is now known as the University of the Pacific. Very early in the fifties the Catholics had also established a college at Santa Clara, now known as Santa Clara College. These colleges have graduated many students. Another college known as the College of California principally under Presbyter- ian and Congregational influences, had been established about 1860, and it was located in Oakland. This college was the outgrowth of a classical school or seminary established by Doctor Dur- ant. It had no president but the Rev. Dr. Willey, the vice-president, acted as such. Having the advantage of location, being near the leading commercial city, San Francisco, and the then center of the State and convenient to its controlling influences, a strong effort was made by its several professors to bring to its sup- port the men of education and the poss- essors of wealth. A list was made of all the known graduates of colleges of the United States residing in the vicinity of the bay. Invitations were sent to them to attend the commencement exercises of the college, and their aid and interest sought in all available directions. The institution, however, was sorely pressed for means, and placed its hope for future development and strength upon the sup- port of the influences above mentioned which it sought to draw around it. It had, however, obtained title to 160 acres of land where the university now stands, and which had at the instance of Freder- ick Billings been named Berkeley. This college was in existence for five or six years and graduated about twenty stu- dents during that time. The passage of the bill to establish the State Agricultural College, and its pro- posed location near Oakland, was to this college of California as the hand- writing on the wall. Its friends knew that the influences on which it must de- pend for prosperity and support would gather around the State institution, and that their college could not for want of support exist with the State College in its immediate neighborhood. The proposal to establish this new agricultural and mining college met with such universal support and encourage- ment from the men of education in the State and the tax-payers that its future was assured. Those having charge of the College of California saw this. They could not absorb or unite the new col- leges with theirs, for the act of the legis- lature expressly prohibited its being 836 Overland Monthly. united or connected with any other in- stitution of learning in the State, and also from in any manner whatever being connected with or controlled by any sec- tarian denomination, while the College of California was at least a semi-Presby- terian and Congregational institution. Such being the state of affairs with the College of California, those who con- trolled its affairs concluded that they might as well join in with the friends and supporters of the new college and help it along for the general benefit of the State. They therefore consulted with the friends and directors of the new State institution in regard to its future. As they had resolved to quit business and disincorporate, they agreed to turn over to the directors of the State College the 160 acres of land where the State University now stands, so that the loca- tion selected by the directors of the State College could be relinquished. This proposition was accepted. They also asked that the law be so extended that distinct provision should therein be made for a classical department for the new institution, as well as the departments for instruction in agriculture, mining and the mechanical arts, and for future exten- sions or affiliated colleges. These suggestions all coincided with the views of the directors and friends of the new institution, and all agreed that the title of the new institution was cum- bersome and inconvenient for use. It was therefore fully agreed by all con- cerned that the title of "University of California" should be adopted. It was also deemed wise to change the method of selecting directors and their number. These matters being fully agreed upon the trustees of the college of California stipulated to turn over to the State insti- tution whatever assets it might be pos- sessed of. A bill by consent of all parties having interest therein was drawn embodying these proposals and agreements, and was introduced into the legislature at its next session by John W. Dwinelle, a prom- inent member of the San Francisco bar, and a graduate of Hamilton College, and who was at the time a resident of Oak- land, and a member of the Assembly from Alameda County. Of course this bill being intended to supersede the old law, as it did, was carefully drawn, though since many times added to and amended, and was designed to cure what crudities or imperfections existed in the original law. It was the result of two years' ex- perience and reflection of the directors and friends of the new State college. It became a law March 23, 1868. When it passed the legislature, William Holden, who had been in the mean time elected Lieutenant-Governor of the State, and acted as president of the State Senate, advocated the passage of the bill. It sub- stituted the more mature and perfected new law for the old one, and repealed the old one. If, however, the Holden bill had not been a law, the new bill introduced by Mr. Dwinelle and which became the substituted law, would never have had an existence. I think these facts show that William Holden was the father of the University of California. I was not uninformed about college matters in this State at that time, for a fellow college student, my senior in age and in classes, became in the early fifties . / -~^- one of the Professors of the University of the Pacific at Santa Clara, and re- mained with that institution for a number of years; while a college classmate of mine was the instructor in mathematics in the college of California at the time the agricultural bill became a law. In Rev. Dr. Willey's history of the College of California will be found a list of the known college graduates residing in t is vicinity at this time and whose interest and influences were sought in behalf of the welfare of that college. My name ap- pears in that list. When the Holden bill was passed es- tablishing the agricultural and mining college, and the Dwinelle bill was passed as an amendment or substitute therefor, I was at both sessions a member of the Assembly from San Francisco, being at that time elected by the city at large. I voted for and actively interested my- self in the passage of both laws. I felt so much interest in the matter that, when the Holden bill was passed, I wrote an article calling public attention to the Under the laurels. 838 Overland Monthly. law, and urging encouragement and sup- port to the new institution. It was pub- lished as an editorial in the Evening Examiner, October 23, 1866. The writing of this present article has been incited by the fact that the only formal history of the University of Cali- fornia published that I know of, and which seems to have the endorsement of that institution, intimates strongly that the reason the university was not found- ed earlier was because the people of the State were ignorant, and had to be edu- cated up to the point of realizing the necessity and advantages of such an in- stitution. It even intimates that the legislature was occupied in passing bills for the establishment of prisons and that the one that passed the Holden bill, was too ignorant to know enough to pass a bill establishing a State university at once. The exact language being, "Thus, in their blindness, did the legislators of 1866, seek to defeat the predestined or- ganization of the university," thus at- tacking the real founders of that in- stitution. As inducing causes to the establishment of the university, it re- cites vain acts of individuals of more or less erratic character, but whose efforts were devoid of effect or influence. It also gives great credit to persons who delivered speeches on occasions such as college commencements, in which the establishment of a university in the future was predicted, just as a fourth of July orator would predict the ad- vancement, growth and glory of our re- public in the future, drawing vividly on his imagination, regardless of fact or conditions, and had about as much in- fluence in one case as in the other. The first thirty or forty pages of that history I believe to be untruthful in theory and fact. It assumes facts -and gives credit where such does not belong, and with- holds or suppresses credit from those to whom it belongs in connection with the foundation of the State College or university, and its intimations in some instances are wholly without just foun- dation. I believe it is due to the people of the State and to the character of the university that that part of the history should be rewritten. The extraordinary circumstances under which California became a part of the United States, and was rapidly settled and became a State of the Union and has grown into a great common- wealth, - passed so rapidly into history and under such uncommon and excep- tional circumstances that it seems often difficult for the generation of to-day to comprehend fully the changes that have occurred, the growth that has been ma 'e, or the circumstances under which events took place or the trials and difficulties encountered by the early residents, not to say pioneers. When the United States forces took possession of California in 1846, there were in this great State, which is seven hundred miles long and from two to three hundred miles wide, only about 5000 white inhabitants, with perhaps ten thousand so-called domesticated Indians, the wild Indians being unestimated. These few people were scattered over the surface of this great State. Yerba Buena of which the great commercial city of San Francisco is the successor, had at the time about 300 inhabitants, while cities like Sacramento, Stockton, and Oakland had none or only a nominal existence. In 1850, when California was admitted as one of the States of the Union, its entire population was 92,597. The character of this population and that of a few years after that date and its burdens, seem nowadays not gener- ally understood. The civilized world was electrified by the stories of the discovery of gold in 1848, and when the truth concerning the existence of gold became generally known intelligent, enterprising men of every State in the Union and every civ- ilized and semi-civilized country in txie world, began to wend their way to this State. It was as if the unfixed, un- anchored possessors of energy and in- telligence in the world bent their way to California. They came by steamers or sailing vessels around Cape Horn, or from south of the equator, across the Isthmus of Panama, or from the distant Orient, while others sought to reach the same destination by traveling thousands Founding of the University of California. 839 of miles across the uninhabited, trackless and unknown plains and deserts, and over the Rocky and Sierra Nevada Mountains, in those days thought to be a trip to be undertaken only by the most hardy and venturesome, while fierce In- dians and dangerous wild beasts were likely to be encountered at any hour of night or day. Some of these people came with their families, others came to repair or make their fortunes and then return there- with to their homes. Many came and many after a short stay returned, some with fortunes, others without. But others, attracted by the climate and business opportunities, and who saw a great future for the State and city, re- mained here to make their future homes. The enterprise which these people dis- played was extraordinary, the endurance heroic, with hope ever undismayed, one failure resulting usually but in another effort. Intelligence of the highest order dominated these people. All through the Placer mines, and in every branch of business were found educated and ex- perienced merchants, lawyers, doctors, and all kinds of professional or semi-pro- fessional and educated men. While the mechanics and common laborers were of the highest intelligence and energy of their class. The trip across the plains or a long distance by sea to reach this State required large sums of money for an outfit and for cost of passage, and tne people generally who in those days could command such sums were people of energy, enterprise, and character. Of course there were some others. There are in all communities. But there never has been a day in the history of the State of California that the large majority of the people of our city and State was not peaceable, orderly, and law-abiding, and of the better class of citizens. The other elements that came tc the surface like the froth of the r.ea were, when deemed necessary, severely dealt with, and human life and property in the early fifties and later on was, gen- erally speaking, as safe throughout this A glimpse of the University campus. Founding of the University of California. 841 city and State as it is to-day. Consid- ering the fact that many thousands of people from all parts of the Union, and in fact from all parts of the world, were suddenly thrown together in quest of gold and fortunes, the record is aston- ishingly creditable. The world's his- tory had never recorded like circum- stances. No ordinary men laid the foundations of this city and State. Many of them had held high positions in their former homes, and many in after years became distinguished or wealthy men in all the States of the Union, as well as here in our own midst. Many officers of tne army and navy became citizens, and when the Civil War broke out this State contributed from among its then or for- mer residents such men as Halleck, Sherman, Hooker, Geary, Grant, McPher- son, Baker, Stone, Fremont, Hancock, Naglee, Dent, Sheridan, Ord, Lippitt, and others, and to the navy Farragut, and to the Confederate side Albert Sidney John- son. All of these men had relations with the people and their affairs, and had influence in the community. Many ed- ucated, energetic and ambitious young men who had just started in life, or who had just completed their college course, were here and gave their best energies and efforts to the building up of these communities. At the time the Civil War had com- menced, it has often been said and among the older residents thoroughly believed, that no city of the same size as San Francisco could have in all respects pro- duced a people, in proportion to popula- tion, the superior of those to be found then in our city. The Civil War, how- ever, and the discovery of the Bonanza and Constock mines and the completion of the overland railroad produced great changes in our population. From 1856, for ten or twelve years after the Act consolidating the City and County of San Francisco went into oper- ation, this city had no superior as to government in the world. The public officers were thoroughly honest, thor- oughly capable, intelligent in the per- formance of all their duties, and gentle- manly to all who had personal or busi- .53 ness intercourse with them. The extent of the burdens these peo- ple had to bear in building up a great State from the very foundation, as from the naked earth, is not always remem- bered. These 92,597 people, constituting the population of the State at the time of its admission into the Union, and their suc- cessors, were compelled to build a State house and State prisons, insane asylums, County Court houses and jails, hospitals, wagon, and stage roads and bridges, trails across the mountains, school houses and churches, and even the houses to live in and to do business in. Gas and water works had to be estab- lished, all taking capital to do so, while all building material had to be brought from a distance. They had to contribute to the building of telegraphs, stage lines and railroads, and establish all the industries of the State, and their efforts met with discour- agement or were unsuccessful. In many instances, as in mining, new methods had to be devised and put into opera- tion. Coal was brought around Cape Horn. Hundreds of miles of streets had to be graded, sewered, curbed, paved and sidewalked in the cities and towns, which themselves had to be created and the ground to be graded and made or- derly. Agriculture was comparatively un- known, orchards and vineyards had to be planted as an experiment as to soil and climate, tons of clippings for the latter being brought from Europe. Land was held in large tracts. In many instances the most desirable parts were held un- der Spanish or Mexican grants, and was used only as grazing places for cattle and horses, with a few sheep. State, city, town, and county govern- ments had to be established. At the be- ginning the State was under military rule. Irrigation was unknown. Ditches had to be made to carry water to the mines, mills had to be erected, and tun- nels run to the mines. The flour con- sumed had to be brought from Chili or some far distant port. In 1852 San Fran- cisco was destroyed by fire, and a like fate at various times befell many of the 842 Overland Monthly. interior towns, while Sacramento, in con- sequence of floods, was compelled twice to raise the grade of her streets ten feet. In the winter of 1861-2 many parts of the State were flooded, doing great dam- age, especially in the Sacramento and San Joaquin valleys, and the Legislature was compelled to adjourn to San Fran- cisco, while in 1863 a great drought caused many thousands of cattle to die for want of pasturage and water. In 1861 the Civil War broke out, and the State was compelled to meet the ad- ditional burden of fitting out five or six regiments of soldiers and maintaining them during the war, yet neither the State nor the city had any public debt. Millionaires were unknown in those days, the bonanza mines on the Corn- stock had not yet yielded their millions. Many men became poor holding on to land and paying taxes, while hoping it would improve in value, and the result of many extensive and expensive enter- prises were still undetermined. Cali- fornia was the young mother of the States and territories west of the Rocky Moun- tains. She was the first admitted into the Union. It was her capital, energy, and people that discovered and first de- veloped the resources and industries of those States and territories. Under such circumstances, here partly set forth, the burden was considered to be too great and taxes too heavy to un- dertake to establish a college at State expense, until the National government lent its aid by grants of land. The man who attacks the intelligence of energy of the early settlers of this State but manifests his ignorance of facts, and attempts to pervert truth. The exercise of intelligent energy in this State in those days was so universal as to be looked upon as a matter of course. When the university was finally set going, the brothers John and Joseph Le Conte were called from South Carolina, and were made professors, the former of them being elected President. Profes- sors Durant and Kellogg, both former professors of the College of California, were also made professors. This latter fact and its attendant associations may in some degree account for the exces- sively partial statements made in the published history of the University as to the participation of these latter gentle- men in its origin, notwithstanding the fact that the passage of the bill for the establishment of a State college was without their procurement or wish. In conclusion I would say: All honor to William Holden, the country lawyer, the father of the University of Califor- nia. THE INTERIM BY HERMAN SCHEFFAUER Veiled with thy hair, my eyes stray o'er Thy face. Ah, who would wish thee more? Still, from the voiceless void of Nought, Leaps forth unconquered one dread thought; Leaps like a flame my heart to sear Listen, my love, and do not fear. O, when that day of dread is due, When part we must, we hapless two; Remember! all the time that flies When drowned with earth this body lies, Is but a briefer day than this, Far briefer than our briefest kiss. Aeons on aeons waste away; And what to us? a second's stay, An interlude that angels play. The Soul may live by Will and Strife, Since Life is but the way to Life. What hope holds the Unknowable, Save hope that I with thee may dwell? Heaven with thee, without thee Hell. Awakened by strange morning light, Fair in our faces after night, We shall arise new life to greet Like travelers from distant lands, With lips to lips and hands in hands, When Death makes Life complete. e/ ifc OJ 98827