The Emperor Norton Trust

TO HONOR THE LIFE + ADVANCE THE LEGACY OF JOSHUA ABRAHAM NORTON

RESEARCH • EDUCATION • ADVOCACY

Filtering by Tag: California Supreme Court

Joshua Norton, Eternal Optimist

Between 1853 and 1859 — a period during which the courts handed him a series of crushing legal defeats that ultimately forced him to declare bankruptcy in 1856 — Joshua Norton engaged in a pattern of making bold public moves that belied — and defied — the harsh facts on the ground.

We recently discovered two early markers in this pattern that appear to have gone undocumented before now:

1) In August 1853 — on the eve of his first major court loss — Joshua offered himself as a Whig candidate for California State Assembly.

2) Under the terms of the Fourth District Court’s ruling of August 1853, the Court ordered the San Francisco sheriff to seize and sell two of Joshua Norton’s properties. In November 1853 — three days before the sale — Joshua took out a newspaper ad seeking a loan for $7,500, possibly part of a gambit to buy back the properties.

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A Tale of Two Storeships

For some eight decades, maybe more, the story has circulated in Emperor Norton biographies and in Nortonland more broadly that Joshua Norton owned the Genessee — the storeship that “received” the hundred tons of rice that Joshua’s firm bought off a ship in San Francisco Bay in December 1852.

According to this story, the Genessee was a major asset of Joshua Norton & Co., with the firm using the storeship as a warehouse and doing a brisk business in renting out space in the ship to other merchants.

In fact, the only contemporaneous documentation of a connection between Joshua Norton and the Genessee makes it very clear that Joshua was the renter. He did not own the Genessee — he simply rented warehouse space there, as many other traders and merchants did.

However, we recently uncovered a previously undocumented newspaper ad which suggests that — more than two years earlier, in August 1850 — Joshua Norton did lease space in a different storeship, the Orator, with the intention of sub-leasing this space to others.

Read on for documentation of the original arrivals of the Genessee and the Orator in San Francisco — of when these cargo / passenger ships were sold and converted into storeships — of how Joshua Norton’s path intersected with the Genessee and the Orator — and of these ships’ later fates.

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Joshua Norton at the Merchants' Exchange

The period between October 1854 and June 1855 has been an underexplored moment in the Joshua Norton story. But, it's a moment that found Joshua at his steeliest.  

He had no choice, really. In October 1854, the California Supreme Court ruled against Joshua in his rice appeal. Foreclosures on his real estate interests were immediate. But, he knew that it was only a matter of time before the Court lowered the heaviest boom — which the Court did when, in May 1855, it ordered Joshua to pay the plaintiffs $20,000.

And yet, during this most precarious of 8 months: Joshua Norton attached himself to the most prestigious new business address in the city. And, he found friends to help him stay afloat and, in one case, to take a crack at launching a major civic infrastructure project — not a bridge, but at the time even more necessary — that the state legislature would not catch up to authorizing for another 5 years.

This is not a man who was going down without a fight.

Read on for a deep-dive into a previously unreported key episode that foreshadowed the Survivor-Emperor to come.

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The Pro-Vaccination Emperor of 1869

Documentation is elusive for those Proclamations of Emperor Norton that were published in the mid to late 1860s — the period in between (a) the few years after Joshua Norton declared himself Emperor in 1859 and (b) Emperor Norton’s adoption of the Pacific Appeal newspaper as his “imperial gazette” in late December 1870.

So, it’s gratifying to have discovered a “new” Proclamation from this period — especially one that

  • has resonance for our current public health crisis brought on by COVID–19; and that

  • adds to the body of evidence strongly suggesting that Joshua Norton thought of himself as being Emperor long before he declared it publicly in 1859.

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Joshua Norton's Losses, 1854–1856

In October 1854, the California Supreme Court upheld a lower-court ruling against Joshua Norton & Co. in Ruiz v. Norton — the famous “rice case.”

Details of the fallout from this ruling suggest that Joshua already was overextended and carrying heavy debt before the rice fiasco; that he was overinvested — and highly leveraged — in real estate; and that, in general, his wealth was much more fragile and precarious than often is supposed.

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