USA > California > Sonoma County > An illustrated history of Sonoma County, California. Containing a history of the county of Sonoma from the earliest period of its occupancy to the present time > Part 21
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"Early in the morning, it being ascertained that the sheriff had arrived the evening pre- vious, a conimittee waited upon him to ascer- tain the object of his visit. He stated that he came there to discharge his duty as an officer, which was, to put Mr. Curtis in possession of his property; he denied having anything to do with the forty-eight men brought there by Curtis, or even having any knowledge of their coming; and promised as soon as breakfast was over to go where the settlers were assembled and see them. This he did. A committee of ten was appointed to confer with him, which resulted in a stay of all proceedings for two hours, giving Sheriff Green time to confer with
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Mr. Curtis, and convey to him the wishes and will of the assemblage. Before the expiration of the two hours the sheriff returned without any satisfactory answer, so far as Mr. Curtis was concerned: but for himself, declining to do anything in the matter. believing that the inju- dicions course pursued by Mr. Curtis, absolved him from the necessity of attempting to carry out his instructions at that time.
" A committee of the citizens was then ap- pointed to wait on Mr. Curtis, whose instrue- tions were to inform him that they considered he had committed a gross outrage upon the citi- zens of this county, and the settlers in particu- lar, in having brought there, from a neighboring town, an armed body of citizens. in violation of law and good order, and for purposes which could not be recognized or tolerated: and to de- mand their immediate return to the place from whenee they came. To this peremptory demand Mr. Curtis demurred, believing, as he said, that the citizens were misinformed, and were unnec- essarily excited, and acting from a mistaken sense of duty; and that if they, the committee. would guarantee him protection from insult, he and Mr. Nuttman would aecompany them to the place of meeting, and explain the cause and motive of their procedure. They accordingly accompanied the committee and made an ex- planation, Mr. Curtis alleging that in employing these men. he did so with no intention of offer- ing an indignity or insult to the citizens of this county, but merely for the purpose of aiding himself in retaining possession of property which he thought to be justly his by the de- cisions of the legal tribunals of his country, when Sheriff Green, in the discharge of his duty, should give him such possession; and not for the purpose of taking forcible possession, or doing any overt aet; and that he was willing to meet the settlers at any time and compromise all matters at variance, and lease them the lands on which they reside, at one-half the price for which lands on other ranches are leased. Mr. Nuttman then repudiated all connection with the ' fighting-men.' and stated that his visit to
the county was for no particular or special object.
" The demand for the removal of the armed forees was again made to Mr. Curtis, with a re- fusal to treat on any subject, until after their return. After a few minutes conference with the sheriff, and one or two others. Mr. Curtis consented to their return, he paying the ex- penses of their transportation from there to San Francisco. This ended the matter. so far as he was concerned. Wagons were then proeured, and the ' deceived braves ' and their two boxes of gorernment rifles (previously shipped from San Francisco, and directed to Tyler Curtis. Bodega), together with their ammunition and thirty days' outfit, started for Petaluma, accom- panied by one hundred or more of the settlers, where they arrived a little after dark, and were received by the firing of cannon and the liveliest demonstrations of joy at the happy and peaceful result of the injudicious and uncalled for move- ment. On Thursday morning they took their departure from this city for San Francisco. where it is to be hoped they will safely arrive, wiser, if not better men. In justice to the party we would state that those of them with whom we conversed, said that they were de- ceived in regard to the object of their mission- they believing it to be one of peace not war. During their sojourn here their deportment was gentlemanly throughout."
THE HEALDSBURG WAR.
In 1862 the difficulties growing out of squat- ter settlement on the Sotoyome Rancho, near Healdsburg, culminated in a resistance of the county authorities by the settlers. J. M. Bowles, yet a respected citizen of Petaluma, was their sheriff. Resistance was made to writs of ejeet- ment placed in his hands. The Petaluma Argus of July 19, 1862. said editorially:
" Governor Stanford having declined to inter- pose the gubernatorial authority until it had been made apparent that our county authorities are unequal to the task of enforcing the laws. Sheriff Bowles has summoned a posse comitatus
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of about 300, who are notified to report them- selves, . armed and equipped as the law directs,' at Healdsburg (yesterday) Tuesday, the 13th inst. As ominous as this unfortunate difficulty may seem to persons abroad, we do not appre- hend that any very serious consequences will, at present. result therefrom; but it is one of those peculiar cases, so common in California, which may, unless remedied by wholesome and just legislation, eventnate in scenes of anarchy, de- structive alike to the moral and industrial well- being of the inhabitants of our fair State."
The result of this action of Sheriff Bowles is thus graphically described by the Healdsburg correspondent of the Argus under date of July 15th:
"At 9 o'clock this morning, Depnty Sheriff Latapie mounted a stump in front of the Sotoy- ome Hotel and called the names of several hundred men; when abont two hundred and fifty answered to their names -perhaps one-half of the whole number summoned. Sheriff Bowles then explained the nature of business, inform- ing them that seven writs of restitution and ejeetment were to be served on the settlers- Scaggs, Rice, Miller, and others. The posse was notified to be ready to march to the scene of action in fifteen minutes-and inch to the disgust of the crowd, they were ordered to pro- ceed on foot; which was not very agreeable as the sun was pouring down in tropical style- the thermometer standing at ninety-two in the shade.
hear a word from our position. Sheriff Bowles then read some papers, which we were also un- able to hear-supposed to be the order of the court. The sheriff then commanded his posse to assist him in the execution of his writs - posse mum -- backward movement perceptible settlers cocked their guns- leaders addressed them another backward movement on the part of posse, explained on the ground that the atmos- phere was purer under the oak trees. Sheriff again demanded possession of the premises- most of his posse seated themselves on logs and the grass under the oaks. Considerable parley- ing between sheriff and settlers -- when it being apparent to everybody that nothing could be done withont the effusion of blood, the sheriff wisely dismissed his posse. Cheer upon cheer went up from the crowd-both posse and settlers joining in it heartily. The immense crowd then started back to town, apparently satisfied with the day's work.
"It was generally believed that from two to four hundred armed settlers were in the imme- diate vicinity of the house during the time- though not more than fifty were to be seen. A friend informed me that he saw a large number of armed men in a ravine baek of the house abont one hundred and fifty yards off.
"Not one of the men composing the posse carried a gun, and but few of them had small arms.
"The greatest order prevailed-not a drunken or disorderly man to be seen. Mr. Geo. Bran- stradder received a severe eut under the arm by falling from a stump and coming in contact with a picket fence. No other accidents hap- pened."
"At about half-past ten o'clock the sheriff took his posse to the place occupied by Mr. Rice's family, abont one mile northwest of Healdsburg. We arrived at Rice's at 11 o'clock, where we found about fifty resolute settlers inside of the The sheriff with his posse having failed to vindicate the law. the strong arm of the State was invoked as a denier resort. What steps were taken is thus stated editorially in the Argus of the 24th of September: yard fence, well armed and apparently deter- mined not to allow us to proceed further in that direction. We advanced boldly up to said fence it being understood that the settlers were not to shoot until we crossed the line. "The public mind is again being agitated by the settlers' difficulties in the neighborhood of Healdsburg. In compliance with the requisi- which no one seemed inclined to do-when Mr. 1 .. D. Latimer read some kind of a document -- probably the 'riot act'-we were not able to tion of Sheriff Bowles, Governor Stanford
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ordered out the two military companies of this city, the Petaluma Guards and Emmet Guards, to enforce the writ of ejectment against Miller, Rice, Scaggs and others. The two companies above named, under the respective command of Captain P. B. Hewlett and Captain T. F. Baylis, took up their line of march from this city for the scene of difficulty on Monday last. By a gentleman who came down on the Healdsburg stage yesterday, we learn that the military were at Mark West Creek. The same gentleman also informed ns that he conversed, just before leaving Healdsburg, with several of the settlers, and they avowed their determination to resist the force sent against them. We sincerely trust they will think better of it, and listen to the dictates of cool judgment. The late decision of the courts, in favor of Bailhache, has done away with the pretext on which they predicted their right to resist the sheriff's posse. We ask our fellow citizens to reffeet what serious conse- quences the resisting of military might lead to. If in this instance law is set at defiance, there is a combustible element in California which would accept it as a license for guerrilla warfare. We cannot, however, believe that our neighbors of Healdsburg will be guilty of lighting the torch of civil war in our midst."
The Aryus of October 1st gives the following account of the termination of this vexed land trouble:
sympathy. and should be encouraged and assisted in their endeavors to find new and more perma- nent homes, Let the dithieulties just past be remembered only to guard against the recur- rence of like scenes in the future."
SQUATTERS ON THE GERMAN GRANT.
In 1861 there were about eighteen settlers who located on the German grant, on the coast bordering on the Gualala River and extending southward toward Fort Ross. The claimant was William Beihler, and being a foreigner, he commenced snit of ejectment in the United States District Court. The writer, then a United States Depnty Marshal, had occasion to serve papers on those squatters in 1861 and knows how " sultry " they threatened to make it for Beihler if he over dared to " materialize in that neck of woods." Beihler got his ranch, notwithstanding, but he has seldom visited it. The grant has now largely passed into other hands.
THE MULDREW SHADOW.
By reference to the last chapter on Russian ocenpation at Fort Ross it will be seen that reference is made to a bill of sale given to Cap- tain John A. Sutter, purporting to convey to him Russian title to land. This title was a source of considerable trouble to Sonoma County settlers along about 1560-'1. One Col- onel Muldrew turned up then with that title and ereated quite a panic. The Journal of May 11, 1860 said:
"On Monday morning last the military com- panies which were ordered by the Governor to as- sist Sheriff Bowles in enforcing writs of ejectment against settlers near Healdsburg, returned to " The Sutter, or Muldrew claim, lying be- tween Cape Mendocino and Cape Drake, or l'unta Reyes, and about which considerable in- terest is at present manifest by the people of this section, covers about two hundred and eighty leagues of land, and embraces within its bounds, in addition to a large area of public domain, several confirmed Spanish grants. As most of our readers are aware, this is the so- called Russian American Fur Company's claim; but we suggest that the territory should here- this city having faithfully discharged the duty for which they were ordered out. The majesty of the law has been asserted and maintained, and the serious consequences which it was feared might result therefrom have been averted. Our citizen soldiers, with their efficient officers, deserve much credit for the decided and yet humane manner in which they discharged the unpleasant task assigned them. Those families that have had to relinquish homes that cost them years of toil, are now the subject of after be known as the . Muldrew Principality.
HISTORY OF SONOMA COUNTY.
Our reason for this is, that the Colonel claims that the Russian Fur Company held and exer- cised exclusive control of the territory during a certain number of years (abont thirty-three. we think), and then transferred their rights. privileges and immunities to Captain J. A. Sntter, who in turn sold to the present claimant, he, Muldrew, should of right now be entitled to exercise all the rights and privileges, both civil and political, which belonged to the said original claimants. Let the claim then be known as the ' Mnldrew Principality, and let its rightful prince assert and exercise his authority ! True, Uncle Sam may not relish the thing much, but how is he to help himself? It was Mexican territory alone that he conquered, and not that of the Russian Fur Company ! What right then has he to complain, though this principal- ity does lay ' adjacent to,' and is surrounded by his potato patch? . By the law of nations ' (for the interpretation of which, and in further proof of the soundness of our arguments, we refer the reader to the articles in the Argus, over the signature of . Veritas,' which we think rannot fail to convince all as their author is known to be no less a person than the valiant Colonel Zabriskie, Colonel Muldrew's legal ad- viser and expounder), the Russians acquired sovereignty over it, and by the right of pur- "hase, Colonel Muldrew is now the legitimate prince and ruler; bnt, like the ' Nephew of his Uncle,' we opine he will find Jordan a hard road to travel, ere he is permitted to grasp the golden seepter of this
' Kingdom by the sea.'"
Colonel Mukrew began to force his claim to this vast estate with much vigor. He had as his attorney Colonel J. C. Zabriskie, who as anthor of the " Land Laws of California " was recognized as a lawyer of much ability. Several settlers' meetings were held in Big Valley, at which Colonel Zabriskie was present and ex- plained the nature of the title upon which his client set up a claim to lands, much of which had already been purchased by the settlers from grantees holding under Mexican title. Most of
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the settlers failed to see the potency of the ar- guments nsed and flatly refused to give any countenance to the Muldrew claims. Some, however, seem to have been fearful that his claim was something more than a mere shadow, and we have been informed that Mr. Bennitz of the Fort Ross grant was 86,000 poorer on ac- count of his credulity. Be this as it may, the Muldrew title reached a final disposition in a decision rendered by Judge Mckinstry in Octo- ber of 1860, which was as follows:
"Curtis re. Sutter, et al .-- This is a motion to dismiss the bill npon the pleadings. I grant the motion, assuming that all the faets stated in the complaint are true. The complainant does not content himself with stating that the de- fendants set up some claim or demands to his lands, but specifically de cribes their alleged title from the Russian Fur Company to the de- fendant, Sutter. Admitting that the averment that the other defendants . claim under Sutter,' as sufficient allegation that they have received deeds from Sutter, still the . Russian Fur Com- pany ' is not a legitimate source of title. If an action of ejectment were brought by defendants against a party in possession upon the deeds named, as referred to in the bill, those deeds could not constitute a color of title; the defend- ant in possession wonkl not be required to in- troduce any testimony to impeach or rebut the deeds. Hence, upon the authority of Curtis es. Sutter, et al., and Pirley rs. Haggins, I am of opinion that no preliminary injunetion should have been issued in the present case, and that the injunction already issued ought not now to be made final or perpetual. And since the only other remedy sought by the bill or which could be obtained after a feigned issue, had been de- cided in favor of plaintiff is, that the deeds of defendants be canceled, which is not only a more effective remedy than an injunction, il appears to me that if the Supreme Court have decided that no injunction shoukl issne, they have also decided that no decree of cancellation should be rendered.
" Again, this bill does not show by any definite
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HISTORY OF SONOMA COUNTY.
deseription of what portion of the rancho the plaintiff is in the actnal possession. It admits that large portions of it are held adversely by persons not parties to this snit. This is not a case where any doctrine of constructive posses- sion can apply, nor does it follow that beeanse in order to remove a cloud from a portion of which the plaintiff is in possession, it is neces- sary to examine the validity of the title to the whole Bodega Rancho -- therefore, the court will interfere to remove a clond from that of which third parties are in possession, Such examina- tion into the validity of the Bodega title is in no degree binding upon those third parties hold- ing adversely. Being in possession they must be considered (until a judgment in a direct pro- ceeding against them) as the actual owners of the land they occupy. The purpose of such a bill of peace is to remove a elond from the title which threatens to disturb the quiet and peace- able possession of a plaintiff in the actual oc- enpancy of land, and since it is impossible to ascertain from this bill that the present plaintiff is in the actual ocenpaney of any partienlar foot of land, the eanse must be dismissed.
"E. W. MCKINSTRY, " District Judge."
This decision seems to have effectually and forever, laid the Muldrew title to land acquired through Russian occupancy at Fort Ross.
THE ARROYO DE SAN ANTONIO.
This grant was a source of much disquiet and unrest to settlers. Originally there were two claimants before the board of land commission- ers, Ortega and Miranda. Ortega had been a Mexican soldier, and married the daughter of Miranda. He claimed to have received a grant of the Arroyo de San Antonio, and placed his father-in-law, Miranda, in ocenpaney thereof. On account of domestie infelicity Ortega went to Oregon and was there when gold was discov- ered in California. In the meantime Miranda seems to have received a grant for the same land on the ground of abandonment by Ortega. The two titles passed into the hands respectively of
James F. Stuart and Thomas B. Valentine. They were both laid before the land commis. sioners, but ultimately Valentine withdrew his claim, alleging as a reason that he was satisfied that the Miranda claim was without good foun- dation. Stuart litigated the Ortega claim to the highest tribunal in the land, and it was re- jected. The land was then declared subject to entry as government land. The outside lands were so entered, and the lands embraced within the city of Petaluma were entered in lots under what is known as the "town site bill." Now it was that Valentine went to Congress and sought the passage of a special bill to restore the Miranda grant to a hearing in court, claim- ing that he had discovered new evidence which showed the genniness of that grant. For sev- eral years the settlers on the land and residents of Petaluma combatted and defeated every at- tempt to have the ease reopened. Finally a compromise was made whereby Valentine agreed that if he made his title to the Arroyo de San Antonio grant he would accept " lien serip" from the government for the same, and not at- tempt to disturb the title of settlers organized through government to lands embraced in that grant. The years had run their course and in 1878 this compromise was reached. In the Petaluma Argus of December 19, 1873, we find the following in relation thereto:
" The cloud that has hovered over the lands on which the city of Petaluma is situated is fortunately fast dispelling. The history of the various struggles for title that have involved the settlers here would form a voluminous book, and the inconvenience, dread, uncertainty and possi- ble insecurity of our title have in no small de- gree retarded our growth and prosperity as a city. The time seems to have arrived at last when perfect security of title can be elaimed, withont possibility of being overwhelmed or being alarmed at some further period by a ' trumped up claim.' The . Ortega ' has been killed by the Supreme Court, and the . Miranda ' will soon be floate i off on the public domain, no more to annoy or irritate people. Then, with
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Uncle Sam's title in our pockets, we ean say, ' These are our lands; this is our heritage; here we will build onr homes and found a city that will rank first among the municipalities of the State.'
"Below will be found published entire the the decree issned in the Circuit Court for San Francisco, confirming the Miranda claim but subjecting the elaimant to the proviso of the act of Congress, which says he ' may select, and shall be allowed patents for an equal quantity of unoccupied and unappropriated public lands of the United States ' elsewhere.
" Following is the decree which is in sub- stance the same as urged npon the court by the United States Distriet Attorney Lattimer:
"' In this case, on hearing the proof's and allegations, it is ordered, adjudged and decreed that the said elaim of the petitioners is valid, and that the same be and hereby is confirmed; but this deeree and confirmation are hereby made subject to the restrictions and limitations prescribed in the aet of Congress entitled, ' An act for the Relief of Thomas B. Valentine, approved June 5, 1872.
"' The land of which confirmation is made is the same which was granted by Mannel Mich- eltorena, in the name of the Mexican Govern- ment to Juan Miranda, on the 8th day of October, 1844, and on which he resided in his life-time, and is known by the name of the Rancho Arroyo de San Antonio, and bounded by the Laguna and Arroyo of the same name, and the pass and Estredo of Petalmna, and is in extent three square leagnes, if that quantity is to be found within the exterior boundaries, and no more; and, if a less quantity is included in said boundaries, then said lesser quantity is confirmed.
" LORENZO SAWYER, "Cirenit Judge.'"
In January of 1874 the following editorial relating to the Miranda grant appeared in the Petaluma Argus, and was conelusive of all further trouble abont Valentine's claim :
" When there is a shadow npon the title to
our homes there is always an uneasiness that periodically breaks into downright fear, and oftentimes panic. There seems to be no seeu- rity. We build elegant residenees and beantify onr grounds, but so long as there is a question to the title of our lands, there is a Inrking fear always that some day in our lifetime or of our children, the lands may be wrested from us, and we would have our ' trouble for our pains,' Again, in event of a desire to sell onr realty, the shadow comes up, and our property is depre- ciated thereby. And this has been the case with Petaluma from the very day of its settle- ment. First we had the Ortega and Miranda grants to fight. As if to double teams against the settlers the Miranda claimant withdrew from the United States Commission upon a compromise and helped to fight the battle for the Ortega claim, which, after passing the Commis- sion, was adjudged a fraud by the Supreme Court. The Government then issned its pat- ents to the land claimed by the grant, and our people with Uncle Sam's title in their pockets, felt comparatively secure. But the trouble had not yet ceased. T. B. Valentine, the claimant under the Miranda saw that he had made a mis- take in his alliance with the Ortega, rushed to Washington and endeavored, by an aet of Con- gress, to get his claim reopened and before the courts. Here was trouble and vexation again. The Miranda claim was believed by many to be valid, while others took the countrary view. Whoever was right recent events go to show that it would have been a dangerous experiment had the bill been passed as it was first intro- dueed. Through the influence of our represen- tatives, however, the bill was beaten. This did not seem to satisfy the claimant. At nearly every successive Congress he was on hand with a bill for his relief. Finally to put the matter forever at rest, a bill passed Congress allowing him to present his claim to the courts, and in the event that he should prove the validity of his title he was to exeente a deed to the lands elaimed under the grant, and in lieu thereof take a corresponding amount of public lands
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