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UC Irvine UC Irvine Electronic Theses and Dissertations UC Irvine UC Irvine Electronic Theses and Dissertations Title Raciolinguistic Ideologies in the Rhetoric of Early California Statehood Permalink https://escholarship.org/uc/item/6702r025 Author Fitzsimmons, Maureen A.J. Publication Date 2021 License https://creativecommons.org/licenses/by/4.0/ 4.0 Peer reviewed|Thesis/dissertation eScholarship.org Powered by the California Digital Library University of California UNIVERSITY OF CALIFORNIA, IRVINE Raciolinguistic Ideologies in the Rhetoric of Early California Statehood DISSERTATION submitted in partial satisfaction of the requirements for the degree of DOCTOR OF PHILOSOPHY in English by Maureen A.J. Fitzsimmons Dissertation Committee: Associate Professor Jerry Won Lee, Co-Chair Assistant Professor Valentina Montero Román, Co-Chair Chancellor’s Professor of English, Jonathan Alexander Assistant Professor José M. Cortez 2021 © 2021 Maureen A.J. Fitzsimmons DEDICATION To Mom and Dad because of the world you created Kathy because of your fierce constancy and lifelong faithfulness Kookie because of your authenticity and unwavering loyalty Family and Friends because of your indelible patience Breathe in golden light, Breathe out negativity and despair. Kookie Fitzsimmons and Maureen Fitzsimmons ii TABLE OF CONTENTS Introduction Literature Review ................................................................................................................................ 2 Historiographic Foundation ............................................................................................................... 46 Dissertation Overview ....................................................................................................................... 51 Case Study One: Becoming a State ..................................................................................................... 55 Theory ............................................................................................................................................... 55 Register Model of the Legislative Deliberative Process: Three Repertoires ........................................ 57 California Constitutional Convention: ........................................................................................ 59 Laws and Writings of California’s Legislature: ......................................................................... 83 “Report of Mr. Crosby on Civil and Common Law”: ................................................................ 89 Case Study Two: The Governor and The Superintendent of Schools.............................................. 107 Scaffolding ...................................................................................................................................... 113 Annual Reports ................................................................................................................................ 119 Conclusion ...................................................................................................................................... 158 Case Study Three: Californians ........................................................................................................ 159 Senator William McKendree Gwin and the Private Land Act Speech ............................................... 167 Race, Language and the Power of the California Supreme Court ...................................................... 183 The Estudillo Family ....................................................................................................................... 195 Coda ................................................................................................................................................... 201 Cyclorama Space ............................................................................................................................... 202 Appendix ............................................................................................................................................ 215 Works Cited ....................................................................................................................................... 217 iii LIST OF ILLUSTRATIONS Page Illustration 1 Map of the United States, 1850 45 Illustration 2 California State Constitution 1849 81 Illustration 3 California State School Superintendent Annual Report, 1864 154 Illustration 4 Treaty of Peace, Friendship, Limits and Settlement Passage, 1848 215 Illustration 5 Delegate Pablo Noriega De la Guerra Speech, California 216 Constitutional Convention, 1849 iv ACKNOWLEDGEMENTS It has been an incredibly long road to get to this point. The creation of this dissertation owes a great deal to the patience and academic ethos of Professor Jerry Won Lee, Committee Co-Chair; your work, which I see as an engagement of the real life experiences of people who strive to effectively communicate, and its scholarly significance, are an example I hope to live up to. Professor Lee encouraged me to follow my own path of discovery and that has made this dissertation possible. Professor Valentina Montero Román, Committee Co-Chair, inspires me both through her excellent scholarship and ability to take insightful research and present it as a fascinating narrative; your close reading, reasoned comments, and discussions of this dissertation will positively affect my writing for many years to come. Professor Jonathan Alexander has been an inspiring model of a teacher and writer who invests in the art and craft of academic writing, and its connections to life; your interest in, and support of, this dissertation means a great deal to me. Professor José Cortez’s work has been a wonderful example of engaging the long span of the study of Rhetoric while making research and writing pertinent; your advocacy and insights have helped me shape this work. To each of you, please accept my sincere and heartfelt thank you. My path of pursuing a terminal degree in English ends at the University of California, Irvine, English Department. Thank you to Professors Steven Mailloux, Jonathan Alexander, Daniel M. Gross, and Susan C. Jarratt – I can now admit that I think of you collectively as “the quartet.” Before I ever considered attending UCI, as I entered the master’s program at Loyola Marymount University, I had the incredibly good luck of meeting Professor Steve Mailloux. We were both interested in studying Jesuit rhetoric and, through the process of engaging this new material, I learned from him (and continue to try and practice) the essentials of academic research and the fundamental elements of developing and writing about my own inquires. In parallel, I also learned (and continue to try and practice) a calm, optimistic, generous approach to all things academic. I contend that the opportunity to be mentored by Steve is an example of the highest level of work by my guardian angels. Once at UCI, I benefitted greatly from observing the caliber and drive of the individual members of the quartet. I’ve already referred to Jonathan’s talent as a scholar; additionally, he has shown that there can be so much more to an academic career beyond lectures and grading papers. Daniel, as my first advisor, has been a much appreciated guide to the sometimes opaque ways of the scholar’s world. And, Susan has inspired me through her mastery and diligence – no surprise to any of her students – but also through her motivating and reliable example of being unperturbed by new material that she hasn’t figured out yet. I will carry the effects of knowing you four and studying with you four for a long time – thank you. When I first started the Ph.D. program I had the great good luck of being in the same cohort with Jens Lloyd and within a few years of Jasmine Nicole Lee and Allison Dziuba. We had an agreement to be supportive of each other while also bringing our best competitive efforts; yes, making that agreement with people of the highest personal ethics worked – and it made all the difference. Jens, thank you for reliably offering a kind and reasonable perspective on all things – so important for this challenging process. Jasmine, thank you for always exhibiting that academic excellence can coexist with the greatest of hearts – all while being a crucial and affirming advocate. Allison, thank you for bringing your beautiful perspective to my world – you constantly inspire me. And, as a newbie instructor, thank you Emily Brauer Rogers for working v with me even when most people would have found my earnestness, at least, annoying – your commitment to the positive experiences of the instructors and their students is a great model for me. Thank you to Cinthia Gannett and John Brereton, for your capacious intellects, hearts and perspectives – and for helping me laugh when it didn’t seem possible. I have had the best luck in my companions. My years at Loyola Marymount University could happen because Peter Heller was willing to hire me knowing that one reason I wanted the job was to gain access to college classes. Without his generosity and willingness to support a (then) stranger in her goals it is likely I would not have received my Bachelor of Arts or my Master’s degrees. Interviewing with and working for Peter, a true mencsh, is another example of the highest level of work by my guardian angels. Thank you to all the professors of LMU’s English Department. I wish I could be more specific regarding each of you – thank you professors Banner, Harris, Wilson, and Youngkin – you all created a really interesting department. There
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