



#MD23
1853
Quarto (ca. 24.5 x 19 cm or 9 ½ x 7 ½ in). Black ink on bluish laid paper with papermaker’s blindstamp in upper left corner (bifolium). 3 pp. Addressed, stamped, and docketed on verso of second leaf. Fold marks, minor tearing along fold marks and edges, otherwise a very good letter.
A historically significant and early California letter written by Thomas Gray, the first provider of ferry service between Oakland and San Francisco, to California State Senator Charles Fayette Lott (1824-1918). Lott was a judge and a participant of the California Gold Rush, having arrived in 1849. He was later elected to the California State Senate in 1851 for Butte County, serving one term.
Colonel Thomas Gray was a California pioneer, arriving in 1849. He established the first ferry between Oakland and San Francisco shortly after (San Francisco Chronicle, 3 February 1892, p. 7). However, by 1853, Gray felt his business was threatened by the growing monopoly of the Contra Costa Steam Navigation Company (c. 1853-1865).
He writes to Senator Lott to urge the State Senate into acting on changing laws surrounding the operation of ferries in the Bay of San Francisco. Gray opens the letter by referencing his petition signed by residents of San Francisco that was presented in the Senate (17 February). Gray complains that the County of Contra Costa is overstepping its jurisdiction, having been fined by its courts for being violation of the “So Called ferry laws” and stating that “the power assumed by [the county] to grant license is Illegal,” given that the Bay of San Francisco is a “public high way” for all counties on the bay.
Mention of Gray’s petition can be found in the session records of the California State Legislature. It appears Gray’s letter may have been effective, as less than two weeks after the letter was written, on 16 March, the matter of amending the ferry laws is brought up again.
“Mr. Synder [Jacob R. Snyder, c. 1812-1878] presented the petition of citizens of San Francisco, requesting that the ferry laws might be so amended as to exempt the Bay of San Francisco from their operation, and moved its reference to the Committee of Commerce and Navigation” (Journal of the Fourth Session of the Legislature of the State of California, San Francisco: George Keer State Printer, 1853, p. 121).
“Mr. Roach, Chairman of the [Committee on Commerce and Navigation], to whom was referred the petition of citizens of San Francisco, praying an amendment to the Ferry Laws, as regards the Bay of San Francisco; reported back Senate bill for “An Act to amend the Act creating and regulating Public Ferries,” and in order to meet the views of the petitioners, recommended the passage of the bill with amendments” (Journal of the Fourth Session of the Legislature of the State of California, San Francisco: George Keer State Printer, 1853, p. 217).
Overall, a very interesting letter from a pioneering ferry operator in the Bay of San Francisco to a California State Senator.
Excerpts from the letter (spelling original):
“Some time ago, I had a petetion [sic] drew-up [sic] and signed, praying for an amendment of the genl Ferry laws of this State, so as not to be applicable to the Bay of San Francisco. I addressed it to Senator Snyder who I see duly presented the same. It was refered [sic] to the Committee on Commerce, since then I have not heard of it. The object of this letter is to call your attention to the matter, so as it may not get the […?] this Session; few matters if any, more urgently demand legislation action than this. You will recollect that, the County of Contra-Costa, assumed the right to issue a ferry License across the Bay. I was running a Boat at the time, <…> at the place now called Oakland, that there was competition at the time and, In order To run me off, the other parties procured a License Characterizing themselves as a ferry. Notwithstanding, I had a License from the genl Government to carry on the Coasting trade by the decesione [sic] of the Court at Contra Costa, I was fined and Confined for a violation of the So Called Ferry Laws.
“I mention this circumstance by way of [rebutting?] anything that may be [said?] in the way of a necessity of granting privelege [sic] of ferry write [sic] at the time. By the interpretation of the [C…?], it was, and is, granting a monopoly to the […?] of me at that time, and since so all whose […?] caused them to Cross the Bay at this point from the past. That the rates are regarded exorbitant, <…> and the monopolist can just do as he please. Now to obviate this, the only remedy left is to amend the genl ferry act, so as not to apply to the Bay of San Francisco. There is no question that the power assumed by the Count of Contra Costa County to grant license is Illegal. The Bay is a public High way, and for every County fronting on the Bay. To assume the power of granting License in the name of ferry would be a perversion of Just Government and [insure?] only to the Benefit of the few, to the detriment of the many. But my object is not to enlighten you on this subject, It is to call your attention to the matter, that it may not be passed over, as unfinished business, but that it may be reported and acted on. It has been to me, no Trivial matter, and all agree in expressing the opinion, that the Legislature should, and will, remedy the evil complained off [sic].”