An illustrated history of Sacramento County, California : containing a history of Sacramento County from the earliest period of its occupancy to the present time, together with glimpses of its prospective future portraits of some of its most eminent men, and biographical mention of many of its pioneers and also prominent citizens of today, Part 4

Author: Davis, Winfield J., 1851- 4n
Publication date: 1890
Publisher: Chicago : Lewis Pub. Co.
Number of Pages: 916

USA > California > Sacramento County > An illustrated history of Sacramento County, California : containing a history of Sacramento County from the earliest period of its occupancy to the present time, together with glimpses of its prospective future portraits of some of its most eminent men, and biographical mention of many of its pioneers and also prominent citizens of today > Part 4

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He was a giant in size, and so princely and handsome that he had been called " Lord George McDongal." 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. MeDougal 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.

FIRST ELECTION.

Among the mnsty old papers on file in the office of the county clerk in San Francisco, is the original polling list of an election for magis- trate held in Sacramento District, September 28, 1846, and which it is thought was the first election in the district. Following is the copy of the list of voters, furnished Themis by As- sistant Adjutant-General Perrie Kewen:

Daniel Sill, William Potter, Ed. J. Minier, T. J. Shadden, David Dutton, Peter Cadel, William Johnson, I. Fnller, James Smith, Jas. Tylee, James McDowell, William Northgrave, James Gregson, Ben. Sena, Martin Murphy, HIeling Downing, Jared Sheldon, Perry McCoon, Gardner T. Wyman, J. A. Sutter, Silas Hitch- cock, Edmund Bray, Tobias Cadel, John Kunye.

The candidates and the number of votes were: John Sinclair, 15; Jared Sheldon, 8; J. A. Sut- ter, 1.

The subscribers certify that the above is a correct register and poll of votes for the election of a magistrate of the Sacramento District, held at Fort New Helvetia, on the 28th day of Sep- tember, A. D. 1846.

J. A. SUTTER, Judge.

G. T. WYMAN,

J. TYLEE.

FIRST MAIL TO SACRAMENTO.

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 interesting information, the names of the citizens occupying not quite half the space. A copy of it is preserved in the State Library.

THE FIRST PUBLIC RECEPTION AND BANQUET IN SACRAMENTO.

The following is an old-time reminiscence from the memory of W. M. Siddons, of Sacra- mento:

"In June, 1849, Hon. T. Butler King was sent ont by the general Government to.lecon- noiter the Sacramento Valley, and report to Washington. Ile called on General P. F. Smith, who afterward was conspicuous in the army of the Rebellion, but who was then in command of the military of the Pacific; also upon Commo- dore Jones, in command of the navy, to whom he presented his credentials and orders, at Beni- cia. An expedition was made up at that point, consisting of two six-mule teams, one dingay

HISTORY OF SACRAMENTO COUNTY.

cart, with supplies for the trip. A detachment of thirty dragoons was formed under command of Lieutenant Stoneman-afterward a famous war General, later Governor of California-to aet as escort.

" The expedition started on the 4th day of July, 1849, the writer being one of the party. We reached a point at the mouth of the Feather River, called Frémont, crossed over to Ver- non, and set out for Sacramento, where we ar- rived on July 7. Lieutenant Stoneman was left in charge of the camp about five miles from the eity. General Smith, Commodore Jones, T. Butler King and myself came to the city, and were met by General Sutter, Sam Brannan, E. F. Gillespie, J. G. Hyer, P. B. Cornwall, Colo- nel J. B. Starr, W. R. Grimshaw, and a large number of citizens. After congratulatory re- marks, a banquet was given the visitors by the citizens. General Sutter had a considerable quantity of English ale, which was the principal beverage for the occasion. Considering the searcity of the commodities that usually appear at banquets, this early effort in that line was a success. It must be remembered that Sacra- mento City was composed then only of a few buildings and tents.

" During the stay we visited Sutter's Fort, where we received additional courtesies from General Sutter. After making a tour of Marys- ville, through the Yubas, we crossed the Ameri- ean, Feather and Stanislaus Rivers, and stopped at Stockton, abont Angust 1. We had a good reception and an improvised banquet at that place, which was comprised of bnt few houses. We moved on to the foot of Mount Diablo, where we found Dr. Marsh, who owned a large ranch, and who also entertained us handsomely. Our circuit was made in one month and eleven days."

THE FIRST GRAND BALL

in Sacramento is so eloquently described by Dr. Morse that we must quote his language:

" About the 4th of July [1849], a grand ball was given at the City Hotel, which building was not yet completed. An immense and vigorous

effort was made to get up a ball upon a mag- nificent scale. To do this, it was essentially im- portant that every Caucasian descendant of Eve in this section of the State should be present. Accordingly a respectable number of gallant young gentlemen were commissioned to explore the country, with specific instructions to visit every ranch, tent or wagon bed where there was any indication of feminine divinity, and, irre- spective of age, cultivation or grace, to bring one and all to this ' aristocratie' festal occasion. These orders were admirably attended to, and at the opening of the dance the hungry, rather voracious optics of about 200 plain-looking gen- tlemen were greeted with the absolute presence of some eighteen ladies, not Amazons all, but replete with all the adornments that belong to bold and enterprising pioneers of a new country. Such a sight in California at that time was almost a miraculous exhibition, and filled men with such an ebullition of sentiment as to make it impossible to breathe without inhaling the dying cadences of the most devoted and tenderly ex- pressed politeness.

"Tickets of admission to this ball were $32. The supper was most sumptuously prepared, and champagne circulated so freely that identity became jeopardized, and the very illumination of the room converted into a grand magnifying medium for the revels of fancy and delights of illusion."

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 () street it was sold at anc- 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- 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-

HISTORY OF SACRAMENTO COUNTY.

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 ncarly 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 about 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 scams so rapidly that it was only by great exertions the prisoners were safely

removed to the city jail. The bark filled and sank right there at the anchors. Sand and sedi- ment filled the hold and cabin and collected 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 actively to work pegging away at the carcass of the old bark, which had so many times braved storm 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.

HISTORY OF SACRAMENTO COUNTY.

THE

SQUATTER

RIOTS.

CHAPTER VI.

N our sketch of the life of Sutter, in a pre- vious chapter, allusion is made to the fact that some unprincipled immigrants entered upon his lands, cut timber, and stole his cattle, horses, etc. In 1849 others, more honorable in their intentions, questioned Sutter's title to certain tracts, including the site of the city of Sacramento. Their settling upon lands claimed by Sutter soon led to litigation and ultimately to riot and bloodshed. Our account of this very delicate affair is the one given by Dr. John F. Morse, who compiled a history of the city soon after that tragic period, from official and other sources.

Dr. Morse says:

In the Placer Times of May 5, 1849, we find the following:

" NOTICE TO SQUATTERS.

" All persons are hereby cautioned not to settle, without my permission, on any land of mine in this Territory. Said land is bounded as follows: Commencing on the north, in lati- tude thirty-nine degrees, thirty-three minutes and forty-five seconds, at a point on the east bank of the Sacramento River, running thence east three leagues beyond Feather River; thence south to latitude thirty eight degrees, forty-one minutes and thirty-two seconds; thence west to said Sacramento River; thence up and along the course of said Sacramento River to its inter-

section with Feather River; thence in a westerly direction up and along the course of the said Sacramento River to the place of beginning,. excepting a certain tract, included in the above, lying on the east side of the said Sacramento River, bounded on the north by latitude thirty- nine degrees one minute and forty-five seconds, and on the south by the American Fork, granted by the Republic of Mexico to one Elias Grimes. "JOHN A. SUTTER, JR."

On the 7th of December, following, H. A. Schoolcraft petitioned the City Council to re- move a honse built by Charles Robinson upon property which he represented. Robinson, whose sketch appears in the chapter on the Legislators of this county, was among the first to contest Sutter's title. He settled upon and claimed a lot on the levee near I street and regarded by him as public ground. The city authorized the removal. The next day a suit was entered against the city because of the removal of the building, and it resulted in favor of the city.

The claim that Sutter's title was no good, and that his grant was public land and subject to pre-emption, had been promulgated in the early part of the fall of 1849, but it was treated by the speculators in town lots and the owners of property with indifference. This treatment, while it suppressed for a short time the bold- ness of the squatters, did not extinguish their spirit. They intimated that they would receive

HISTORY OF SACRAMENTO COUNTY.

a reinforcement, when the immigration arrived, to seeure them in their possession of the prop- erty upon which they had settled. This as- sumption was based on the arrival of immigrants across the plains. Worn ont by a long journey, and without money or homes, they did not listen with indifference to the assurance that by the inere locating of their tents upon a city lot it be- came their property. Thus, in a very few weeks, the timid and esteemed insignificant squatterism, became a distinet party organization. Lots were staked off in many parts of the city, and the squatter title was boldly presented as a superior claim to that based upon conveyances and sub conveyanees from Sutter.

The latter claimed the land now embraced within the limits of the city, through a grant from the Mexican Government and the guarantees of the treaty of the United States with Mexico. Ifis claim was sustained by an actual settle- ment, by immense and most useful improve- ments, by the occupation of the present site of the city, and survey made by a person whom he supposed to be a competent engineer, and an accompanying map, both of which located him upon the land he claimed. Upon this claim, he conveyed the property to his son, John A. Sutter, Jr., from whom it had been purchased and sold, and passed through the hands of thon- sands of individuals.

Against this elaim the squatters urged that the natural boundaries of the land claimed were not in keeping with the imaginary lines, or the boundaries by latitude and longitude given by the engineer; that Sutter had not complied with the requisitions of his grant, and especially that the site of the city could not be embraced within the land granted, as by the stipulations it would not be subjected to annual inundations, and that by the improvement of Hock Farm and New Helvetia he had overstepped the boundaries of his possessions under the grant, either to the northi, or south; and as the engi- neer had given the southern boundary by lati- tudinal lines, and as those lines, when correctly taken, placed his sonthern limit considerably

above this point, therefore this: the site of Sacramento was public land and subject to pre- emption by occupation and improvement. The first civil suit against the squatters was insti- tuted in November, 1849, by John A. Sutter et al. es. George Chapman. A writ of restitu- tion was issued by Judge Thomas and served by Presley Dunlap of the sheriff's office.

These were the leading issues that were first developed in the fall of 1849 between the squatters and the anti-squatters. The removals alluded to gave great umbrage to the squatters, and were not forgotten by them, although the incoming rainy season and the terrible flood gave a temporary buietus to the subject.

During the summer of 1850, a Squatters' Association was formed in the city. The first meeting was called by John H. Keyser, at the house of Mr. Kelly, who kept a place of enter- tainment on Front street, above J. At this place meetings were frequently held prior to the flood. Sometimes these meetings would be very largely attended. The speakers at first were not only entirely uneducated, but also so poorly sus- tained by native talent as to incur the ridicule of all but their immediate associates. But very soon men of talent and tact succeeded them, and infused into their proceedings a degree of strength and popular pleading that made the purchasers of Sutter titles watch their move- ments with anxiety. This anxiety was produced by an attention to the speaking Squatters; for as a general thing their speeches were freighted with denunciations against "Grasping and de- signing men," "Speculators in lots and land monopolists." In the month of May the asso- eiation was ably sustained by a most talented engineer, Colonel John Plumbe, who was the regular surveyor and recorder of the organiza- tion. After the floods of January and March, a more thorough and complete organization of the party took place, and a deep feeling of hos- tility sprung up between the Squatters and the purchasers of the Sutter titles. The members of the association began to demonstrate their views by squatting upon lots in different parts

HISTORY OF SACRAMENTO COUNTY.

of the city. Contests ensued and removals oc- casionally effected.

But on the 10th of May, the particular suit was commenced which resulted in the riots of August, 1850. John P. Rodgers and De Witt J. Burnett commenced action against John F. Madden, in the Recorder's Court, B. F. Wash- ington presiding, under the statute providing for "Unlawful entry and detainer." The lot settled upon and claimed by Madden was situ- ated on the southeast corner of N and Second streets. The case was sustained by E. J. C. Kewen and R. F. Morrison for the plaintiff's, and F. W. Thayer for the defendant. The lat- ter set forth the plea of no jurisdiction, and the plea was overruled. He then instituted the plea that the property was public land, the free hold of the Government, and therefore subject to a title by settlement and improvement; thatabout the 1st of March, 1850, he had peaceably en. tered upon the premises and made improve- ments thereon. A demurrer was interposed by plaintiff's upon the ground that the plea set forth by defendant was insufficient in law. The plea was overruled. The defendant then filed an affidavit asking a change of venue upon the ground that the recorder was biased and that he conld not have a fair trial in this city, the citizens also being prejudiced against him. The application was refused, and the case went to trial. After argument, the recorder returned a judgment against defendant, fining him $300 and costs, and ordered the issuance of a writ of restitution.

The defendant appealed from this decision to the County Court, and on the 8th of August, 1850, the case came up for hearing before Judge Willis, of that tribunal. At this trial the de- fendant was assisted by J. H. MeKnne, C. A Tweed and Lewis Aldrich. Defendants moved for a nonsuit, on the ground that the Recorder's Court had no jurisdiction, but finally by con- sent the case was submitted upon its merits. The claim of title from Sutter being offered .by plaintiffs, defendant objected, and the objection was overruled. The case was then argued, and

the following day judgment was rendered sus- taining the decision of the Inferior Court. The defendant then asked to appeal to the Supreme Court, but there being no law to provide for such an appeal, the motion was overruled. Dur- ing the proceedings of this trial both parties became excited to the utmost degree, and the Squatters, as a body, declared against the resto- ration of the property pursuant to the judg- ments of the conrts. Squatters and Anti-squat- ters held meetings almost every night, and the city was excited.

Almost immediately after the decision of Judge Willis was pronounced, the Squatters issued the following poster:

TO THE PEOPLE OF SACRAMENTO CITY.

It is well known that a few individuals have seized upon nearly all the arable public lands in this county, and the following are some of the means they have resorted to in order to retain the property thus taken :

First, They have used brute force and torn down the buildings of the settlers and driven them from their homes by riotous mobs.

Second, They have used threats of violence, even to the taking of life, if the occupant or settler persisted in defending his property, and thus extorted from the timid their rightful possessions.

Third, they have passed or procured the pass- age of certain rules in the so-called Legislature of California, for the purpose, as their attorneys affirm, of protecting themselves and removing the settlers from the land they may occupy, whether right or wrong; thus settling the ques- tion of title in an assumed legislative body, which question can alone be settled by the Su- preme Government of the United States.

Fourth, Under said legislative regulations, by them called laws, they have continually har- rassed the settler with suits, and in many in- stances compelled him to abandon his home for want of the means to pay the costs of their courts. Many others have paid these costs with the hope of carrying their cause through these so-called courts to the proper tribunal for final decision, namely, the Supreme Court of the United States.

But these hopes were vain; for Judge Willis, so-called, has decided that from his decision there is no appeal.

HISTORY OF SACRAMENTO COUNTY.

And now, inasmuch as the so-called Legisla- ture is not recognized by Congress, and their rules and regulations not approved, and are therefore of no binding force upon the citizens of the United States, but simply advisory; and inasmuch as the co-called law of "Forcible Entry and Detainer," if passed for the purpose affirmed by their counsel, namely, to drive off settlers, with or without title, is unconstitu- tional, and would be in any State, the people in this community called settlers, and others who are friends of justice and humanity, in consid- eration of the above, have determined to disre- gard all decisions of our courts in land cases, and all summonses or executions by the sheriff, constable or other officer of the present county or city touching this inatter. They will regard the said officers as private citizens, as in the eyes of the constitution they are, and hold them accountable accordingly. And, moreover, if there is no other appeal from Judge Willis, the settlers and others, on the first show of violence to their persons or property, either by the sheriff or other person, under color of any execution or writ of restitution, based on any judgment or decree of any court in this county, in an action to recover possession of land, have deliberately resolved to appeal to arms and protect their sacred rights, if need be, with their lives.

Should such be rendered necessary by the acts of the sheriff or others, the settlers will be governed by martial law. All property, and the persons of such as do not engage in the contest, will be sacredly regarded and protected by tbem, whether land-holders or otherwise, but the property and lives of those who take the field against them will share the fate of war.

This card of the Squatters increased the ex- citement in the community to such an intensity as to make collision and blood-shed an inevita- ble result. It was pronounced to be a declara- tion of civil war, and enlisted many people against the Squatters who had previously favored them by a sort of passive approbation.

August 11, the Squatters held a meeting upon the levee, which we find thus reported in the Transcript of the following day:

"The meeting of the Squatters, at the foot of J street, on Saturday evening was largely at- tended. The proceedings were characterized by great excitement, with a mixture of mnirthi and

sparkling wit, which made the meeting decid- edly 'rich and racy.' When we arrived Dr. Robinson, chairman of the meeting, was read- ing a series of resolutions declarative of the sentiments of the Squatters. Among others was a resolution to resist decisions made by Judge Willis, of the County Court.

" A motion was adopted that the resolutions be taken up separately. At this stage of the proceedings loud calls were made for different speakers-McKnne, Kewen, Brannan, Barton Lee, McClatchy, etc.

" Mr. McKnne appeared on the stand, and had proceeded about three-quarters of an hour, in an exposition of the Sutter title and defenses of the Squatters, when he was interrupted by loud cries for 'a new speaker,' ' Brannan,' ' Kewen,' etc.

"The chairman at length succeeded in re- storing order, assuring the audience that Mr. Brannan should be heard when Mr. McKnne closed. During his speech McKune made a statement in regard to Mr. Sutter's place of residence, that if he had one any more than another it was at Hock Farm and not at the fort, which was promptly pronounced as ' false' by Mr. Brannan. This renewed the commotion, and amidst a goodly sprinkling of 'noise and confusion' Mr. McKune retired.

"The cries for different speakers were both 'loud and long.' Mr. Brannan and Judge Wilson took the stand. The latter stated he had just returned to the city with a complete translation of the Mexican laws in relation to land titles, and proceeded to show that the Squatters were vastly mistaken in regard to one or two of the arguments they used in support of their rights and adverse to the validity of Captain Sutter's title.

" Disorder again reigned supreme, until Mr. Brannan had gotten fully under headway. Mr. Brannan proceeded to show that he was justifi- able in pronouncing the statement made by Mr. MeKane as being ' false, untrue.' Mr. Bran- nan also adverted to his agency in removing a Squatter from his land, 'Land that had been

HISTORY OF SACRAMENTO COUNTY.

paid for, with money he had earned by liard work.'

"Colonel E. J. C. Kewen was loudly called for. After considerable tumult, that gentleman took the stand, and was proceeding, when he was interrupted by cries of ' Who's the speaker?' ' Give us your name!' ' My name,' said Colo- nel Kewen, ' is Ed Kewen, a man who is not afraid to face any populace, or give expression to the honest convictions of his heart, at any time, or under any circumstances.' 'Are you a land holder?' ' Yes, I have a few acres of land, which I have honestly acquired-land which I bought and paid for.' Colonel Kewen remarked that many of those who were now here claiming land had been deluded by de- signing persons-that at heart they were lion- est men; and alluded to the general integrity of the Anglo Saxon race. Whilst indulging in this strain, he was interrupted with cries of ' soft soap.' ' Yes,' replied the speaker, ' I be- lieve there is a little too much lie in it, and I will forbear.' Colonel Kewen referred to the decision of Judge Willis, and controverted the position assumed by Mr. McKune. His re- marks were received with plaudits on one side and disapprobation on the other.

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Author: Davis, Winfield J., 1851- 4n Publication date: 1890 Publisher: Chicago : Lewis Pub. Co. Number of Pages: 916

Author: Davis, Winfield J., 1851- 4n
Publication date: 1890
Publisher: Chicago : Lewis Pub. Co.
Number of Pages: 916