A memorial and biographical history of northern California, illustrated. Containing a history of this important section of the Pacific coast from the earliest period of its occupancy...and biographical mention of many of its most eminent pioneers and also of prominent citizens of today, Part 34

Author: Lewis Publishing Company. cn
Publication date: 1891
Publisher: Chicago : The Lewis publishing company
Number of Pages: 1000

USA > California > A memorial and biographical history of northern California, illustrated. Containing a history of this important section of the Pacific coast from the earliest period of its occupancy...and biographical mention of many of its most eminent pioneers and also of prominent citizens of today > Part 34

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During the time that Sacramento was flooded, in January, 1853, all communication with the inining counties was cut off, and some of the enterprising merchants sought higher ground for the city site, where freight could be landed from vessels without danger from floods. The site they selected was on the south bank of the American River, nearly due north from the point now called Brighton, and they named the new town " Hoboken." At that day the American River was navigable to that point. A large town was laid out there, with wide streets and a steamboat landing. Within ten days a place sprang up which promised to be a rival to Sa- cramento. Three steamers made daily trips between the two places. An express office was established at Hoboken, besides many other fa- cilities for commercial business. Trade there flourished. Many of the business firmns of Sac- ramento removed to the new town, and the newspapers of the city devoted a page to the interests of Hoboken. But Hoboken declined as rapidly as it had sprung up, and to-day its site constitutes a portion of a farm.

The city of " Boston" was laid out at the con- fluence of the American and Sacramento rivers, north of Sacramento. It, however, never " ma- terialized," and existed only on maps.

The population of Sacramento, prior to Janu- ary, 1848, was comparatively insignificant; but with the influx which followed the discovery of gold its augmentation had been perhaps unpre- cedented in the history of the world. The first censns taken in the State-in 1851-during the administration of President Fillmore, was under the superintendency of J. Neely Johnson, as census agent of this district. He was after- ward Governor of the State. In that enumera- tion Sacramento was credited with 11,000 in-

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habitants. The population of the State as then returned was about 120,000. The Federal cen- sus of 1860 credits the city with 12,800; of 1870 with 16,283; of 1880, 21,420, and the present year, 1889, it has probably between 30,000 and 40,000.

George McDougal, brother of " I John," the second Governor, was a prominent character in the founding of Sacramento City. He came here from Indiana in 1848, joined Fremont's battalion, and was with it in the memorable campaign in Southern California. Returning to San Francisco, he became distinguished there; and when the mines were discovered joined the gold-seekers and had some exciting experiences in the mines. Shortly after the survey of Sac- ramento City was made, he procured a lease of a ferry privilege from Captain Sutter at a point below the entrance of Sntter Lake, and opened the first store in the place, bringing up a store ship and locating it near the foot of I street. His partner was Judge Blackburn, of Santa Cruz. The arrival of the son of Captain Sutter effected an important change in the destiny of the new city. He received the interest of his father in the city, and immediately a question arose between him and MeDougal in respect to the prerogatives of his lease. The question be- ing decided in favor of Sutter, McDougal became so disaffected with the place that he determined to "extinguish the prospects " of the new city, and move to Sutterville. Transporting all his goods to that point, and leaving his brother John in charge of them, he went East. John then issued immense placards, declaring that the firm over which he presided had determined to take the lead in competition, and accordingly would sell goods at "cost and freight," with a verbal assurance that if they could not obtain patronage at that rate they would sell at the primary cost of their merchandise. But the merchants at the fort combined and McDougal & Co. soon had to break up.

George wandered into Utah, New Mexico, and adjacent Territories, and meanwhile reports of his death were received on the coast. An

Eastern brother administered on his estate. Trace of him was lost for years. Finally Cap- tain Brown, of the ram Stonewall, was going to Japan through the Straits of Magellan, when some Patagonian chiefs came aboard, among whom was a " hirsute, squalid, weather-tanned and very tattooed man," none other than "Col- onel George McDongal!" He had journeyed through Central America and various South American countries, and was then prospecting at Sandy Point, a savage and solitary station in the straits. He was the chief of an Indian tribe! He was a giant in size, and so princely and handsome that he had been called "Lord George McDougal." Captain Brown says that after he had had him shaved, cleaned up and dressed in good clothes, he was the handsomest and most distinguished looking man he had ever seen. McDougal sobbed and cried when told of his family; but all entreaty to keep him on board and get him back home was unavailing, as he had a valuable mine which he was developing by aid of these Indians. However, he promised that as soon as possible he would proceed farther north and then make for home. Some time afterward Brown chanced to meet MeDougal in Valparaiso, and succeeded in sending him home.

The schooner John Dunlap, owned jointly by Simmons, Hutchins & Co. and E. S. Marsh, left San Francisco on her first trip to Sacramento, May 18, 1849. The first mail was brought on her second trip, when she sailed June 25 and arrived here in forty-eight hours.

The first directory of the city of Sacramento was published in 1851, by J. Horace Culver, and was printed by the Transcript press, then on K street, between Second and Third. It has ninety-six pages, with a vast amount of inter- esting information, the names of the citizens occupying not quite half the space. A copy of it is preserved in the State Library.

MUNICIPAL.

The first election for councilnen was held in the latter part of July, 1849, resulting in the choice of John P. Rogers, H. E. Robinson,

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P. B. Cornwall, Wm. Stout, E. F. Gillespie, Thomas F. Chapman, M. T. McClelland, A. M. Winn and B. M. Jennings. Stout was elected the first president, but soon afterward Winn was substituted. The first charter submitted to a popular vote was defeated.

The council then appealed to the people by proclamation, asking what they should do,-go ahead under Mexican laws, or draft a new char- ter. This appeal stirred up the people, who held a mass meeting and appointed a committee to draw up amendments. The charter thus amendel was substantially adopted by the suc- ceeding Legislature, February 27, 1850.

Following is a list of the officers of the city of Sacramento. from 1849 to 1851, inclusive:

1849 .- A. M. Winn, Mayor; the Alcalde, Re- corder; N. C. Cunningham, Marshal; William Glaskin, City Clerk and Auditor; J. A. Tutt, Assessor; S. C. Hastings, Treasurer; B. Brown, Collector; Murray Morrison, City Attorney; R. J. Watson, Harbormaster.

1850. - Hardin Bigelo v, Mayor; Horace Smith, Mayor; B. F. Washington, Recorder; N. C. Cunningham, Marshal; J. B. Mitchell, City Clerk and Auditor; J. W. Woodland, As- sessor; Barton Lee, Treasurer; E. B. Pratt, Collector; J. Neely Johnson, City Attorney; George W. Hammersley, Harbormaster.

1851 .- James R. Hardenbergh, Mayor; W. H. McGrew, Recorder; W. S. White, Marshal; L. Curtis, Clerk and Auditor; Samuel McKee, Assessor; W. R. McCracken, Treasurer; W. S. White, Collector; J. Neely Johnson, City Attor- ney; John Requa, Harbormaster.

PRISON BRIG.

The first ship ever used in the State of Cali- fornia as a " prison brig" was the bark Straf- ford, which was moored in the Sacramento River opposite the foot of I street. It was brought here from New York in 1849. While lying at the foot of O street it was sold at auc- tion by J. B. Starr, and, though it had cost $50,000, it was knocked down to C. C. Hayden for $3,750! Immediately the latter sold three- 13

quarters of his interest to Charles Morrill, Cap- tain Isaac Derby and Mr. Whiting. In March, 1850, they rented the vessel to the county for a " prison brig." May 25, 1850, the others sold out their interests to Charles Morrill, who in- tended the bark for a trader between San Fran- cisco and Panama. It was loaded at the levee, but in so poor a manner that she nearly capsized on reaching the Bay of San Francisco. It was readjusted and taken on to the sea, but was never brought back.

The county soon afterward purchased the La Grange, which had arrived in California from Salem, Massachusetts. It was moored abont op- posite H street. When the first freshet of the high water of 1861-'62 came on, the vessel pulled heavily at its moorings, and the water came in through the open seams so rapidly that it was only by great exertions the prisoners were safely removed to the city jail. The bark filled and senk right there at the anchors. Sand and sediment filled the hold and cabin and col- lected in great quantities all about it. Being sold at auction, it was purchased by T. Talbert, who, at considerable profit, disposed of it to a company of Chinese. The Celestials went ac- tively to work pegging away at the carcass of the old bark, which had so many times braved stormn and tempest; and if any of its remains were not carried off by them, they are in the deep bosom of the sand-bank buried.

Since then the Sacramento County jail has never been afloat.

CHOLERA IN SACRAMENTO.

The cholera made its first appearance in Sacra- mento on the 20th of October, 1850, when an immigrant by sea was found on the levee, in the collapsing stage of the disease. The infec- tion was brought to San Francisco on the same steamer which conveyed the intelligence of Cal- ifornia's admission to the Union, and reached Sacramento before the city had recovered from thie demoralizing effects of the Squatter Riots. As usual in such cases, the local papers en- deavored to conceal the extent of mortality, and

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their files of that date give no adequate idea of the fearful scourge. On the 21st of October the city physician reported seven cases of cholera to the council, five of which were fatal. Some of the doctors attempted to quiet public appre- hension by the opinion that the malady was only a violent form of the cholera morbus, and the Times "felt confident that there was very little danger, and had not heard of a single case where the patient had not been previously re- duced by diarrhea." On the 27th six cases were reported, and the Times " hoped that some precautionary measures would be taken," etc. On the 29th twelve cases appeared; on the 30th, nineteen, and it was no longer possible to con- ceal the presence of the ghastly destroyer. A Sacramento correspondent of the Alta, Novem- ber 4, says: "This city presents an aspect truly terrible. Three of the large gambling re- sorts have been closed. The streets are deserted, and frequented only by the hearse. Nearly all business is at a stand-still. There seems to be a deep sense of expectancy, mingled with fear, pervading all classes. There is an expression of anxiety in every eye, and all sense of pecu- niary loss is merged in a greater apprehension of personal danger. The daily mortality is abont sixty. Many deaths are concealed, and many others are not reported. Deaths during the past week, so far as known, 188."

On the 14th of November the daily mortality had decreased to twelve, and on the 17th the plagne was reported as having entirely disap- peared.

THE SQUATTER RIOTS OF 1850.

During the early gold-mining period, 1848- '49, unprincipled immigrants stole great quan- tities of property from Captain Sutter. In the latter year others, more honorable in their in- tentions, questioned Sutter's title to certain tracts, including the site of the city of Sacra- mento. Their settling upon lands claimed by Sutter soon led to litigation, and ultimately to riot and bloodshed. May 5, this year, Sutter published a notice warning persons not to settle

upon these tracts without his permission. De- cember 2, following, H. A. Schoolcraft peti- tioned the city council of Sacramento to re- move a house built by Charles Robinson npon property which he represented, and the petition was granted. Next day a suit was entered against the city for replevin, and this was de- nied. Then the party lines were closely drawn between those who had recognized Sntter's title and purchased lots of him, and those who de- nied his title and claimed that said lands were public and subject to pre-emption. The latter were eventually strengthened by the fresh arri- vals of poor and worn-ont immigrants who were willing to listen to the story that such good land was public and open to their settlement.

A "squatters' association" was organized, arguments and lawsuits commenced, and feel- ing grew more and more intense. Immigrants meanwhile continued to squat upon the con- tested lands with increasing boldness. On the 10th of May, 1850, the particular snit was commenced which resulted in the famous riots of August following. John P. Rodgers and De Witt J. Burnett commenced action against John F. Madden, in the recorder's court, B. F. Washington presiding, under the statutes con- cerning " unlawful entry and detainer." The case was sustained by E. J. C. Kewen and R. F. Morrison for the plaintiffs, and F. W. Thayer for the defendant. The latter set forth the plea of no jurisdiction, and the plea was overruled. He then instituted the plea that the property was public land, the freehold of the Govern- ment, and therefore subject to a title by settle- ment and improvement. A demurrer was in terposed by plaintiffs upon the ground that the plea set forth by the defendant was insufficient in law; and this was overruled. The defendant then made affidavit, asking a change of venne on the ground that the recorder was biased and that he could not have a fair trial in this city, the citizens also being prejudiced against him. This application was also refused, and the case went to trial. After argument, the recorder re- turned a judgment against defendant, fining

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him $300 and costs, and ordered the issuance of a writ of restitution.

The defendant appealed from this decision to the county court, and August 8 the case came up for a rehearing, before Judge E. J. Willis. At this trial the defendant was assisted by Judge McKune, C. A. Tweed and Lewis Aldrich. Af. ter argument the decision of the lower court was affirmed. The defendant then asked to appeal to the Supreme Court of the State, but there being no law to provide for such an appeal, the motion was overruled.

During this trial both parties became excited to the utmost degree, and the squatters as a body declared against the restoration of the property. Squatters and anti-squatters held meetings almost every night. Almost immedi- ately after the decision of Judge Willis was pronounced the squatters issued a poster setting forth their arguments and their history of the case, concluding with the resolution to " appeal to arms, if necessary, to protect their sacred rights with their lives."

This was regarded as a declaration of civil war, and bloodshed was then sure to come iu a short time. On the evening of the 11th the squatters held a meeting, where much wit and sarcasm was indulged in, and a resolution adopted to resist the execution of the court's deeree. Speakers from both sides were invited to take the stand, but those from the Sutter side were drowned ont by yells from the crowd. They indeed became so excited with their own noise that they sometimes voted viva-voce- iferonsly against themselves!

Madden, whose house became a sort of garri- son for the squatters, refused to evacuate for several days. He was then forced out, but on the 14th succeeded in forcing himself back again, with the aid of his fellows. At two o'clock on the afternoon of this day the crisis arrived. The two parties came into actual and bloody contact. The mayor, Hardin Biglow, was called into service, to quell the riot. The squatters formed themselves in martial order on J street, and fired several slots at the mayor,

four of which took effect, but not causing in- stant death. J. W. Woodland, who stood un- armed by his side, was accidentally killed by one of these shots. Several others were killed, on both sides.

Actual hostilities then informally ceased, but both parties, in the most feverish excitement, held meetings deliberating what to do. Briga- dier-General A. M. Winn, of the milita, declared the city under martial law, and ordered all law- abiding citizens to form themselves into volun- teer companies and report their organization at his headquarters as soon as possible. At even- ing quiet was fully restored throughout the city.

Recorder B. F. Washington was appointed inarshal by the council, and State troops were ordered from Benicia. They arrived, and quiet was maintained, but in a day or two afterward the young sheriff, Joseph Mckinney, was shot and killed while he was bravely doing his duty in endeavoring to capture one of the rioters out in the country, where there was a sort of rendezvous of the more violent squatters.

Thus ended the riot, but not the excitement; for it was feared that some of the vanquished squatters would incite a party of miners in the foot-hills and another attempt would be made to do violence in the city; but at length these fears were allayed, and excitement began grad- ually to cool down. The Sutter party were eventually victorious.

COUNTY GOVERNMENT.

In the fall of 1848 an election was held at the fort (Sutter's) for first and second alcaldes, and resulted in the election of Frank Bates and John S. Fowler. Fowler resigned in the spring following, and H. A. Schoolcraft was elected to fill the vacancy. In the spring of 1849, Bran- nan, Snyder, Slater, Hensley, King, Cheever, McCarver, McDongal, Barton Lee, Dr. Carpen- ter, Southard and Fowler were elected a Board of Commissioners to frame a code of laws for the district. Pursuant to the wish of this legislating committee, the people convened to-

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gether under a broad-spreading oak at the foot of I street. The report, which was then offi- cially submitted and which was duly accepted by the sovereigne assembled, provided the following officers of a jurisdiction extending from the Coast Range to the Sierra Nevada, and through- out the length of the Sacramento Valley, to-wit: One alcalde and a sheriff. H. A. Schooleraft was then elected alcalde and A. M. Turner, sheriff. This constituted the judiciary of North- ern California up to the time that those changes took place in very rapid succession after the immigration of 1849 began to concentrate at Sacramento.

The first attempt to establish a civil govern- ment under American ideas of government was made on April 30, 1849, when a mass meeting of the then residents of Sacramento City and other portions of Sacramento District was held at the Embarcadero to devise means for the government of the city and district. At this meeting Henry A. Schoolcraft presided, Peter Slater was vice-president and James King of William and E. J. Brooke, secretaries. Samuel Brannan explained the object of the meeting, and it was resolved that a Legislature of eleven members should be elected, " with full powers to enact laws for the government of the city and district." It was also determined to hold the election forthwith, and Henry Bates, M. D., M. T. McClellan, Mark Stewart, Ed. H. Von Pfister and Eugene F. Gillespie were appointed judges. The vote resulted in the election of John MeDougal, Peter Slater, Barton Lee, John S. Fowler, J. S. Robb, Win. Pettit, Wm. M. Carpenter, M. D., Chas. G. Sonthard, M. M. McCarver, James King of William and Samuel Brannan, but upon the announcement of the re- sult Robb declined to accept, and Henry Cheever was chosen to fill the vacancy. {Whether the list given by Morse or this one is correct we cannot decide.] The eleven were immediately sworn in, and some time afterward adopted a code that no laws were wanted and that ail the officers necessary for "the District of Saera- mento, bounded on the north and west by the

Sacramento River, on the east by the Sierra Nevadas, and on the south by the Cosumnes River, were one alcalde and one sheriff." They then submitted the code to the people for adop- tion or rejection, and asked them at the same time to vote for officeis. The code was adopted.

Nothing further toward forming a local gov- erninent was attempted until after the proclama- tion of General Riley (the military Governor) was issued at Monterey on June 3. In fact nothing seemed necessary, if theft was, by com- mnon consent, punished, as the Times says, " by giving the offender thirty or forty rawhide lashes, and then ordering him off, not to return under penalty of death."

General B. Riley, the military Governor of California, issued a proclamation for an election to be held August 1, 1849, to elect delegates to a general convention and for filling several necessary offices. On July 5, a meeting was held and a committee was appointed to organize the district into precincts, apportion the repre- sentation, and nominate the candidates to be voted for. The committee consisted of P. B. Cornwall, C. E. Pickett, William M. Carpenter, Samuel Brannan, John McDongal, W. Black- burn, J. S. Robb, Samuel J. Hensley, Mark Stewart, M. M. McCarver, John S. Fowler and A. M. Winn. On the 14th the committee re- ported, recommending the places for polls, etc. The delegates elected to the Constitutional Con- vention were: Jacob R. Snyder, John A. Sutter, Jolin Bidwell, W. F. Shannon, L. W. Hastings, W. S. Sherwood, M. M. McCarver, John S. Fowler, John MeDougal, Charles E. Pickett. W. Blackburn, E. O. Crosby, R. M. Jones, W. Lacey, James Queen. For local offices-Will- iam Stout, Henry E. Robinson, P. B. Cornwall, Engene F. Gillespie, T. L. Chapman, Berryman Jennings, John P. Rodgers, A. M. Winn and M. T. MeClellan were elected a City Council without opposition, and by an average vote of 424. James S. Thomas was elected First Mag- istrate by 393 votes, against twenty-two for S. S. White, and five for J. S. Fowler. J. C. Zabriskie was elected Second Magistrate; II.

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A. Schoolcraft, Recorder; and D. B. Hanner, Sheriff.

Under the call for the Constitutional Conven- tion, the district was entitled to but four dele- gates, and J. R. Snyder, W. E. Shannon, W. S. Sherwood and J. A. Sutter were the representa- tives, but afterward the representation was in- creased to fifteen, and in addition to the original four the following were appointed: L. W. Hast- ings, John Bidwell, John S. Fowler, M. M. McCarver, John McDougal, E. O. Crosby, W. Blackburn, James Queen, R. M. Jones, W. La- cey and C. E. Pickett.

In October the convention adjourned, and an election was called for Tuesday, November 13, 1849, to vote on the constitution, for State offi- cers, and for representatives in the Legislature. At that election the vote of Sacramento District stood as follows: For the Constitution, 4,317: against it, 643. For Governor -P. H. Barnett, 2,409; J. A. Sutter, 856; Thomas McDowell, 87; W. S. Sherwood, 1,929; William M. Stew- art, 448. For State Senators-John Bidwell, 3,474; Thomas J. Green, 2,516; Elisha O. Crosby, 2,610; Henry E. Robinson, 2,328; Murray Morrison, 2,171; Hardin Biglow, 1,407; Gilbert A. Grant, 1,687; Charles E. Pickett, 905. The first four were elected.

The county was formally organized when the Legislature passed "an act subdividing the State into counties and establishing the seats of jus- tice therein," February 18, 1850, and section 17 of it defined the boundaries of Sacramento County as follows: "Beginning at a point ten miles due north of the mouth of the American River, and running thence in an easterly direc- tion to the junction of the north and south forks of said river; thence up the middle of the prin- cipal channel of the south fork to a point one mile above the head of Mormon Island, so as to include said island in Sacramento County ; thence in a sontherly direction to a point on the Co- sumnes River eight miles above the house of William Daylor; thence due south to Dry Creek; thence down the middle of said creek to its entrance into the Moqnelumne River, or into a

large slough in the tule marsh; thence down the middle of said slough to its junction with the San Joaquin River; thence down the mid- dle of said river to the mouth of the Sacra- mento River, at the head of Suisun Bay; thence up the middle of the Sacramento to the month of Merritt's Slough; thence up the middle of said slough to its head; thence up the middle of the Sacramento River to a point due west of the place of beginning, and thence east to the place of beginning. The seat of justice shall be at Sacramento City."

The first election law appointed the first Monday in October the day for holding the election for State officers, and denominated that the general election. The first Monday in April was designated as the day for the election of county officers and was called the county elec- tion. The Legislature of 1851 repealed the clause relating to the county election and pro- vided that it should be held the same time with the State election, and the time for holding the general election was changed from the first Monday in October to the first Wednesday in September, and it has since remained that way. The terms of the county officers commenced originally on the first Monday in May, 1850, but the Legislature of 1851 changed it so that the term commenced on the first Monday in Oc- tober following the election. In 1863 the Legislature changed the law again so that the official terms commenced on the first Monday in March following the election, and it remains so now.

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A memorial and biographical history of northern California, illustrated. Containing a history of this important section of the Pacific coast from the earliest period of its occupancy...and biographical mention of many of its most eminent pioneers and also of prominent citizens of today, Part 34

Author: Lewis Publishing Company. cn Publication date: 1891 Publisher: Chicago : The Lewis publishing company Number of Pages: 1000

Author: Lewis Publishing Company. cn
Publication date: 1891
Publisher: Chicago : The Lewis publishing company
Number of Pages: 1000