EDITOR’S NOTE: This is the fourth in a series by William S. Dodge, the first U.S. collector of customs in Alaska, who stayed in Sitka after the Oct. 18, 1867, transfer and became mayor. His account of the first two years of Sitka under the American flag was published in the July 9, 1876 issue of the Alaska Herald, a San Francisco newspaper. Alaska historian Chris Allan discovered this account in a university archive and made it available to the Sentinel.
Part 4 of a series. Today: Sitka’s first municipal charter, adopted in an election in which the 18 Russians who chose American citizenship could cast ballots.
By William S. Dodge
Alaska Since The Cession
REMINISCENCES OF SITKA, ALASKA
WRITTEN FOR THE ALASKA HERALD
SYNOPSIS OF THE CHARTER
It is well now to give a synopsis of this first charter of Sitka.
As adopted, it was divided into three parts – co-ordinate in government – executive, legislative and judicial. The executive authority vested in the Mayor all powers generally conferred on Mayors in other municipal corporations. He presided over the Council, attested and approved or vetoed all laws passed by that body, superintended all improvements, revised tax lists, approved all accounts before auditing by the Treasurer, etc.
The legislative power was vested in a Council of five (never to exceed nine). It passed all laws necessary to the public weal, revised all official accounts, directed all public improvements, levied all taxes (limited to two percent by the charter), authorized all contracts and all disbursements of moneys.
The charter provided for the maintenance of a jail and prisoners, and for the care of the poor and the destitute sick. It provided for the construction of wharves, sewers, sidewalks, all other necessary improvements and work conducive to the interest and the health of the people.
The judicial power was vested in the Mayor, and the jurisdiction of his court extended to all criminal cases in the nature of petty offences, and to all misdemeanors as defined by American common law. In felony like murder, jurisdiction was confined to that of an ordinary committing magistrate. In civil suits, jurisdiction was extended to all caused except so far as related to suits involving the title to public lands, there being originally a limitation in actions for money to one hundred dollars, as generally limited by Congress in Territorial Organic Acts. No maritime jurisdiction was conferred, although in actions for seamen’s wages suits were maintained in personam; but no attachments could issue against property.
Thus it will be seen that while the government was, in nomine, in three co-ordinate parts, yet de factor it was not – the executive and the judiciary being vested in the same person. Consequently, the proper and just exercise of these separate powers depended upon the knowledge and integrity of the person in power. How these powers, thus joined in one individual, were exercised up to 1871, the people can best tell.
RUSSIANS ACCEPTING AMERICAN CITIZENSHIP – OFFICERS INSTALLED
In the first election citizenship of the United States previous to the day of balloting was a requisite qualification. No officer or soldier of the army, and no marine, sailor or officer in the navy could vote. In accordance with one of the articles of the treaty, several Russians were admitted to citizenship by certificate of Gen. Jeff. C. Davis, and there exercised for the first time the rights of American citizens. The number thus naturalized prior to the 24th of November, 1867, (principally through the efforts of Mr. Murphy), was eighteen.
On the 26th of November, 1867, each of the persons declared elected received his certificate from and was sworn into office by the Judges of Election.
At once the wheels of municipal government were set in motion, and it is no vain boasting to say that the next three years much good was accomplished.
The Mayor and Council worked actively to make this little nursery of republicanism a success. Ordinances were passed from time to time, carrying out the letter and spirit of the charter, and with rare exceptions the right to thus govern the people was unquestioned. As in every society – new or old – there were a few malcontents who preferred ruin to rule; but their machinations came to naught. Wise counsels prevailed.
Thursday: The City Council levies, and collects, property taxes and license fees.
