The Los Angeles Common Council and Criminal Justice, 1850: Part Two

As the first Los Angeles Common (later, City) Council enacted the town's original set of ordinances, it had to reconsider some of its positions upon reflection.

At its 16 August 1850 meeting, the council's Police Committee, consisting of council members Alexander Bell and Manuel Requena, resubmitted its report, claiming that the second and third articles proposing a prohibition on the carrying and discharge of firearms, which clearly was a problem in Los Angeles and would only get worse, should be scrapped as being impossible to enforce.

Manuel Requena (1802-1876) came to Los Angeles with the Hijar-Padres colony that included Agustín Olvera and the Coronels (Ignacio, Manuel and Antonio Franco), all of whom became prominent political and/or legal figures in Los Angeles.  Requena was twice alcalde (roughly akin to mayor) in 1836, during which time the town's first vigilance committee was formed, and in 1844.  He was a Common Council member for several terms in the years 1850-67, on the first county Board of Supervisors, and in other positions of responsibility.  He was a merchant and vintner, as well.  From the California Historical Society Collection, University of Southern California Libraries, U.S.C. Digital Library.

In their stead, Requena and Bell recommended a new second article requiring that "all City prisoners must be sentenced within two days" on any conviction for violation of ordinances and that the third would manadate that when the city did not have work for the chain gang, prisoners could be turned over to the public on the highest bid not less than the sum of their fine "and for double the time which they were to serve out at hard labor."  Although this was generally expressed, it became clear that the majority of those affected by what became a vicious cycle of enforced manual labor were native Indians--a point raised in this blog before.

Four additional ordinances were suggested by the committee.  First, the recorder was to be empowered to enforce penalties and collect fines, turning these monies over to the city treasurer every eight days.  Second, the recorder was to present a monthly report concerning prisoners arrested, those convicted, what the fine paid was and providing a list of those who served their sentences on the chain hang.  Then, another was that only those arrested for infractions of ordinances were to be city prisoners, "but criminals, apprehanded by the officers of the City, shall be held at the disposition of the County Judges."  Finally, the marshal would be required to enforce ordinances and report to the recorder those persons who were arrested, as well as "any important news that may transpire."

As the council deliberated upon the revised report, the new second and third articles were quickly approved, as was one about the banning of card playing in public.  On the fifteenth article concerning sentences and fines, Morris Goodman moved that article ten's limit on operating hours of retail establishments allow for a variance for those who lived in their shops, but this was denied by the council.  The body did, however, amend that article so that "no spiritous liquors shall be sold after the hour of eight p.m. in winter and after nine p.m. in summer."

Further discussion was had about the severer sentence and fines for those who polluted the town's zanjas (water ditches) and who allowed cattle to roam untied, with Casildo Aguilar suggesting a much lower sentence of rought half the jail time or fine, but this was rejected.

The listing for Manuel Requena in the 1850 federal census, actually taken on 18 January 1851.  He listed no occupation, but was shown in later censuses as a retired merchant and a vintner.  His self-declared property value of $14,500 was substantial.  Notably, betwen 1860 and 1870, when so many residents of Los Angeles, especially Spanish speakers, saw declines in wealth during a period of floor, drought and economic instability, his declared wealth remained consistently in the low $20,000 range, indicating that Requena was still quite prosperous.

At this and without considering the four new articles, council president Requena asked for a roll call and the vote was 4-2, with Jonathan Temple abstaining and then requesting an adjournment, but Requena, perhaps hoping Temple would change his mind and vote, asked for another call--but, again, Temple abstained and the vote was the same.

The next meeting, on 30 August, included Requena and Bell's request for an amendment to the sentencing, so that jail time would be no longer than 10 days in any case and this was approved, giving half of what Aguilar had requested two weeks prior.

The first two of the added ordinances regarding the recorder's responsibilities were approved, but the third was amended so that any reference to the disposition of criminals by county judges was stricken, presumably because there would be cases in which this was not so, whether to the town's justice of the peace or to the District Court.  The last of the ordinances specifying the marshal's duties was also approved.

Los Angeles's first ordinances were then established, although the eternal conflict between the making and the enforcing of laws would, naturally, ensue in short order, especially in the battle of limiting the hours of selling liquor, disturbing the peace, "furious" horse riding, keeping the zanjas clean, and others.

At this, a major change in the council's demographics was effected by the resignations, for reasons not recorded, of Casildo Aguilar and Julian Chavez.  The council then called for a special election on 9 September at El Palacio (The Palace), the substantial adobe residence of prominent merchant Abel Stearns.

Two days after the election, the council gathered on the 11th of September and the replacements of Aguilar and Chavez were sworn in, these being Wilson Jones and Benjamin D. Wilson.  Interestingly, Wilson was also county clerk and there was discussion about a potential conflict of interest, though the city attorney, Benjamin Hayes, determined that there was none.

The election results meant that, instead of an ethnically-balanced council, the body was now composed of six Americans and one Californio, this being president Requena.  The meeting concluded with a call for a special meeting two nights later at the home of Alexander Bell.  The next post will follow the activities of the council from there.