The Emperor Norton Trust

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

RESEARCH • EDUCATION • ADVOCACY

Filtering by Tag: Ruiz v. Norton

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 and the McAllister Brothers

The new HBO series The Gilded Age, from Downton Abbey creator and writer Julian Fellowes, is introducing a new generation to the historical figure of Ward McAllister. Famous for being an arbiter of New York’s “high society” of the 1860s–90s, McAllister used his list of “the 400” to advise Caroline Schermerhorn Astor a.k.a. “Mrs. Astor” on whom should be “in” and whom should be “out.”

But, before arriving in New York in 1858, Ward had spent the dawning years of the 1850s in San Francisco, where he lived in the same house with his older brother Hall McAllister, who arrived in the city in 1849 and remained until his death in 1888 — a period during he which he became of the most eminent and respected attorneys of his generation.

It’s very likely that, in the early 1850s, Joshua Norton — then at the height of his prosperity and influence — socialized with the brothers McAllister in their home, together with his friend Joseph Eastland, a founding partner of the company that went on to become PG&E.

In fact: It was Hall McAllister who — in 1853–54 — represented Joshua’s opponents in the rice affair.

It’s a fascinating set of connections that (a) reveals Joshua Norton to have been a guest — but never really a member — of a world of privilege and power that would become closed to him once his life took a different turn, even as it (b) shines new light on one member of that world who never forgot him.

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San Francisco Rice Imports From Late 1852 to Early 1853 Point to Market Specifics of Joshua Norton’s Gambit

For years, the popular narrative of events leading up Joshua Norton's fateful rice contract of December 1852 has followed the claim of William Drury, in his 1986 biography of Emperor Norton, (1) that Joshua and his partners had connected to the only rice cargo in San Francisco harbor, and (2) that, before that, no rice had been arriving in the city at all.

But, this version of events is not reflected in the daily and weekly reports of rice cargoes that were published in the "Importations" column of the Daily Alta California, one of the city's leading newspapers during this period.

These reports show that the rice cargo that Joshua Norton & Co. contracted for was the largest shipment that had been seen in San Francisco in about a month — but not the only one. In fact, three rice shipments totaling well over 100 barrels had arrived over the previous 10 days. And, shipments of varying sizes had been coming in all along — generally three or four per week.

In other words: There had been a "slow flow" of rice coming in to the city — but not "no flow."

William Drury hyped the severity of the shortage for dramatic effect.

To illustrate the point, the following article includes, from the Daily Alta's "Importations" column, a comprehensive listing of rice cargoes arriving in San Francisco from September 1852 through January 1853 — the period from four months before Joshua Norton, on 22 December 1852, inked his deal with Ruiz, Hermanos, to buy their 200,000-lb. shipload until the Ruiz brothers sued him for non-payment and breach of contract on 21 January 1853.

To our knowledge, this is the first such listing that has been compiled and published in the context of Norton studies.

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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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