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 23
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bent deposit removed principally by Charles Evans, "Petrified Charley," a Swede, who seeing its value for exhibition purposes. enclosed the ground in 1871, and charged a small fee to vis- itors to requite him for his labor in excavating around the trees. The largest tree thus ex- cavated is eleven feet in diameter at the butt and sixty-eight feet in length, but is broken into several pieces. Much labor has been spent on the place in improvements until the thousands, who have visited the place pronounced it not only one of the great wonders of the world, but "one of the prettiest places " in the hills of California. The forest can be reached and ex- amined in a day by taking the Santa Rosa and Calistoga stage, it being only sixteen miles from the former place. Visitors to the Geysers by the Cloverdale route, after they have exhausted the curiosities of that wonderful region, with its eurious productions of one of Nature's under- ground laboratories, can reach the petrified forest by taking the stage which runs between the Geysers and Calistoga. No Eastern or European tourist can truly say that he " has done California " unless he has seen the petrified forest.
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HISTORY OF SONOMA COUNTY.
LEILILIL
MEXICAN LAND GRANTS OF SONOMA COUNTY.
CHAPTER XV.
RANCHOS MUSALACON COTATE GUILICOS -- CANADA DE POGOLOME-LLANO DE SANTA ROSA-EL MOLINO ILUICHHA -- YULPA-GUENOC-SOTOYOME-BODEGA -- BLUCHER-CALLAYOMI --- MUNIZ LAGUNA DE SAN ANTONIO-ARROYO DE SAN ANTONIO-SENODE MALCOMES ROBLAR DE LA MISERA- CANADA DE LA IONIVA-ESTERO AMERICANO-GERMAN -PETALUMA-SAN MIGUEL -TZABACO CASLAMAYOME-CABEZA DE SANTA ROSA-AGUA CALIENTE.
TT will be of interest to future generations to know what valne the Mexican government placed upon its public domain. When the reader of the next century scans these grants as listed below, and sees that these pioneer colon- ists of California asked for, and got land by the league, he will naturally conclude that the first half of the nineteenth century must have been a period of regal splendor here. But such was not the fact. The people were land and stock poor. They had but few of either the comforts or conveniences of civilized life, and could not stand the light of a higher civilization. Like the Indians. they have passed on.
THE UNITED STATES, Appellants rs. JOHNSON HORRELL, claiming the Rancho Musalucon .- This was a claim for two leagues of land in Sonoma County, situated in Cloverdale Town- ship, confirmed by the Board of Commissioners and appealed by the United States. The claim- ants in this case produced the original grant made by Governor Pio Pico to Francisco Ber- ryesa on May 2. 1846. The record of the approval of the Departmental Assembly was dated June 3, 1846. No doubt is suggested as to the genuineness of any of these documents. The grantee appears within the year prescribed
by the grant to have entered into possession of his land and to have resided in a wooden house built by him upon it. He also placed upon it cattle, and commenced its cultivation. There is no difficulty in identifying and locating the lands by means of the description in the grant and the map to which it refers, and which is contained in the expedient. The commis- sioners in their opinion on this case observe " that although the title was executed but a short time before the American occupation, it appears to have been made in good faith and with due regard to the requirements of the law." The decision of the board was affirmed and a de- cree entered accordingly. On page SO of the appendix we find: " .Johnson Morrell. et al. claimants for Rincon de Musalacon, two square leagues, in Mendocino and Sonoma counties. granted May 2, 1846, by Pio Pico to Francisco Berryesa, claim filed February 11, 1853, con- firmed by the Commission December 12, 1854, by the District Court, January 14, 1856, and appeal dismissed April 2, 1857, containing 8,866.88 acres.
THE UNITED STATES, Appellants es. THOMAS S. PAGE, claiming the Runcho Cotate .- This claim which was for four leagnes of land in
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HISTORY OF SONOMA COUNTY.
Sonoma County situated partly in Vallejo and partly in Santa Rosa townships, was confirmed by the Board, and appealed by the United States. In this case the original grant was not produced, but its existence and loss are proved beyond all reasonable doubt by the depositions of the witnesses and the production of the expe- diente from the archives containing the usual documents, and also a certificate of approval by the departmental assembly. The grant is also mentioned in the index of grants by the former government. No doubt was entertained by the commissioners as to the sufficiency of the proofs on these points, nor is any objection raised in the District Court in regard to them. The evidence discloses a full compliance with the conditions, and the description in the grant and map determined its locality. No objection is raised on the part of the appellants to the confirmation of this claim, and on looking over the transcript the court did not perceive any reason to doubt its entire validity. l'age 48 of the appendix tells us: "Thomas S. Page, elaimant for Cotate, four square leagues in Sonoma County, granted July 7, 1814, by Man- uel Micheltorena to Juan Castanida; elaim tiled September 21, 1852, confirmed by the Commis- sion August 27, 1854, by the District Court January 14. 1856, and appeal dismissed March 21, 1857, containing 17,238.60 acres. l'at- ented."
THE UNITED STATES, Appellants es. JUAN WILSON, claiming the Rancho Guilicos. Claim for a tract of land, supposed to contain four leagues, in Sonoma County, situated in Santa Rosa and Sonoma townships, confirmed by the Board and appealed by the United States. The claim in this ease was confirmed by the Board. No doubt is suggested as to the authenticity of the documentary evidence submitted, and the only point npon which a question was made was whether the grant and map accompanying it sufficiently indicate the granted land-there being no designation of the quantity or num- bef of leagues in the original grant. The grant bears date November 13, 1839, but was not
1
issued until the 20th. The signature of the Governor to the original grant is fully proved, and the expediente produced from the archives containing the proceedings upon the petition, the various orders of the Governor, and the decree of approval by the Departmental Assem- bly. The requirements of the regulations of 1828 seem to have been substantially complied with, and the land cultivated and inhabited within reasonable time. With regard to locat- ing the tract, there seems to be no difficulty. The grant describes it as the parcel of land known by the name of " Guilicos," within the boundaries shown in the map which accom- panies the petition. On inspecting the map, those boundaries appear to be indicated with tolerable certainty, and it is presumed that by means of it no practical difficulty will be found by the surveyor in laying off to the claimant his land. A decree of confirmation innst there- fore be entered. l'age 5 of the appendix says: "Juan Wilson, claimant for Guilicos, four square leagues, in Sonoma County, granted November 13, 1839, by Juan B. Alvaralo to John Wilson; claim filed February 10. 1852, confirmed by the Commissioner Deceember 27, 1853, by the District Court March 3, 1856, and appeal dismissed December 8, 1856, containing 18,833.86 acres. l'atented."
THE UNITED STATES, Appellants es. ANTONIA C'AZARES, claiming the Rancho Canada de l'o- golome .- " Claim for two leagues of land situ- ated in Marin (and Sonoma) County, in Bodega and Analy townships, confirmed by the Board. and appealed by the United States." It ap- pears from the documentary evidence in this ease that James Dawson, the deceased husband of the present claimant, on December 27, 1837, presented a petition to the commanding Gen- eral, setting forth that he, together with Mc- Intosh and one James Black, had obtained a grant for the place called " La Punta del Este- rodel Americano;" that he had built a house upon it, and planted a large vineyard and an orchard with more than 200 fruit trees, and had placed upon it cattle, horses, etc. He further
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HISTORY OF SONOMA COUNTY.
represented that the grant had been obtained in partnership with the two persons mentioned, but that McIntosh was attempting to ejeet hin. Ile, therefore, prayed that he might be protected in his rights. The petitioner, though he had long resided in the country, does not appear to have been naturalized at the time of making this petition. but the documents show that let- ters of naturalization were obtained by him on December 29, 1841. On September 18, 1843, he renewed his application to be put in posses- sion of the land, and the Governor, to whom this second petition was addressed, referred it to the Secretary for information. By the reports of that officer it appears, that although the pe- tition for the land had been in the name of the three applicants, yet the grant had been made to MeIntosh solely. as he alone possessed the essential requisite of being a naturalized Mexi- can citizen. The Secretary, therefore, suggests that, although the request of Dawson cannot be granted, yet, inasmuch as he had sinee been naturalized, and had married a Mexican woman, his application for another piece of land should be favorably considered. The Governor, in ac- cordance with this suggestion, on October 21, 1843, ordered the proceedings to be returned to the party interested for his information. It is presumed that it was in this way that these documents came into the parties' possession, and are not now found among the archives. It does not appear that Dawson petitioned for a grant before his death, which occurred very soon after; but a grant is produced in which it is reeited that his widow. the present claimant, has sufficiently proved the right of her deceased husband to petition for the land which she then occupied. and in consideration of the great losses sustained by her husband on separating himself from McIntosh, and the favorable re- ports, ete., the Governor grants to her the land solicited, known by the name of . Canada de Pogolome,' to the extent of two square leagues, a little more or less. It is this land which is now claimed by the appellee. This grant was issued on February 12, 1844, and it appears to
have been approved by the Departmental As- sembly on September 26, 1845. The genuine- ness of the above documents is fully proved, and it is also shown that the land was long occu- pied by Dawson before his decease, and since then by the present elaimant. Although the expediente for this grant is not among the archives, yet, as observed by the commission- ers, 'its notoriety, the long possession, and the circumstances surrounding it, relieves it from any suspicion of fraud or forgery.' The boun- daries, as well as the extent of the land, are specified in the grant, and indicated with evi- dent precision on the map to which it refers. We think, therefore, that the claim is valid and vught to be confirmed." Of this ease, page 3. of the appendix. says: " Antonia Cazares, elaimant for Canada de l'ogolome, two square leagues, in Marin and Sonoma Counties, granted February 12, 1844, by Manuel Micheltorena to Antonia Cazares; claim filed February 3, 1852, confirmed by the commission April 11. 1853, by the District Court, March 24, 1856, and ap- peal dismissed December 8, 1856, containing 8,780.81 acres."
THE UNITED STATES, Appellants rs. JOAQUIN CARRILLO, claiming the Runcho Llano de Santa Rosu .- Claim for three leagues of land in So- noma County (situated in Santa Rosa and Analy Townships), confirmed by the board and appealed by the United States. " It appears from the expediente in this case that the elaim- ant, on June 22. 1843, petitioned Governor Micheltorena for a grant of land on the plain adjoining the rancho of his mother. The Gov- ernor, however, suspended action on the subject. as no judicial measurement had been made of the adjoining ranchos, and the extent of the sobrante or surplus reserved was not ascer- tained." "On March 12, 1844, the claimant applied to the district for permission to sow. and build a house upon the land, during the pendency of his application to the Governor for a grant. The Alealde granted him leave to sow the land, holding himself responsible to the owners of the land if there should be any dam-
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HISTORY OF SONOMA COUNTY.
age, but he refused him permission to build the house. On March 26. 1844, the claimant re- newed his application to the Governor, stating that his petition still remained nnacted upon on account of the neglect of the colindantes or ad- joining proprietors to have their lands meas- nred according to law. The secretary to whom this second petition was referred, reported favor- ably to it, and advised a grant of not more than three square leagues, subject to the measure- ments of the adjoining proprietors. In accord- ance with this report the grant now produced was made; and it appears in evidence that he built, first, a small house and afterward a very large one on the land, on which he has contin- ued ever since to reside. He has also cultivated from 100 to 300 aeres of it with corn, barley, wheat, etc. The handwriting of the grant in the possession of the party is fully proved, and there seems no reason to doubt the entire validity of this claim. The map and the desig- nation in the grant of the colindantes or con- teminous owners abundantly show the locality of the tract granted; and the claimant's title to the land solicited must be confirmed to the ex- tent of three leagues, subject to the measure- ments of the land previously granted to the colindantes. The decision of the board must, therefore. be affirmed." In reference to this case we find, on page 35 of the appendix, " Joaquin Carrillo, claimant for Llano de Santa Rosa, three square leagues in Sonoma County, granted March 29, 1844, by Manuel Michelto- rena to Mareus West: claim tiled May 31, 1852, confirmed by the commission October 21, 1853, by the District Court, March 24, 1856, and appeal dismissed January 13, 1857, con- taining 13,336.55 acres."
THE UNITED STATES, Appellants, rs. JouN B. R. COOPER, claiming the Rancho El Molino .- Claim four leagnes of land in Sonoma County (situated in Santa Rosa, Analy and Russian River townships), confirmed by the board and appealed by the United States. The claimant in this case, a naturalized Mexican citizen, oh- tained in December, 1833, a grant from the
Governor for the place called Rio Ayoska. This grant was approved by the Departmental Assembly, and certificate of its confirmation de- livered to the grantec, as appears from the testimony, and the expediente filed in the case.
" He subsequently appealed to the Governor for an exchange of the land granted for that now claimed by him. Proceedings on this ap- plication were commenced by Governor Figueroa, and the new grant was made as desired by the petitioner, by Governor Gutierrez, on February 24, 1836. These facts are proved by the testimony of Harnell and Vallejo, whose evidence is corroborated by the expediente on file in the archives. The genuineness of the grant is fully established. Previously to ob- taining the last grant, the claimant had gone into possession of the tract solicited, and had built a house upon it. He also had, as early as 1834, placed a considerable number of eattle upon it and had commenced the erection of a mill, upon which he expended more than ten thousand dollars. He also erected a blacksmith shop, and for two years had employed upon his rancho men to the average number of sixteen, and sometimes thirty or forty Indians. It is clear that the grantee fulfilled the conditions and carried ont the objects of the colonization laws to an extent very nnusnal in the then con- dition of the country. With regard to the location of the land, it appears from the testi- mony of O'Farrell and other witnesses who are acquainted with the adjacent country, that there is no difficulty in ascertaining its locality by means of the diseon which accompanies the grant. O'Farrell, who had long been a surveyor under the Mexicans, testifies that he has, by means of the grant and the diseon, made a sur- vey of the land, and that it contains, as surveyed by him, only the quantity specified in the grant. The claim was held to be valid by the Board. No objections to it are suggested on the part of the United States, and we are of opinion that the decision of the board should be affirmed." Page 27 of the appendix, in regard to this grant, remarks: "John B. R. Cooper elaimant for El
152
HISTORY OF SONOMA COUNTY.
Molino or Rio Ayoska, ten and one-half square leagnes in Sonoma County, granted December 31, 1533, by José Figueroa, February 24, 1836, by Nicholas Gutierrez, to J. B. R. Cooper; claim filed April 20, 1852, confirmed by the commission November 14, 1854. by the District Court, March 24. 1866, and appeal dismissed December 15, 1856, containing 17,892.42 acres. Patented. "
THE UNITED STATES, Appellants rs. JACOB P'. LEESE, claiming the Rancho Huichica. Claim for five leagues of land in Sonoma County (sit- nated in Sonoma Township), confirmed by the Board and appealed by the United States. " The claimant in this case obtained on October 21, 1841, a grant from Manuel Jimeno, acting Governor of California, for two square leagnes of land as designated on the map which aceom- panied his petition. Juridicial possession was given of the tract as delineated on the map, but the extent of land measured to him largely ex- ceeded the quantity mentioned in the grant. Ile thereupon petitioned for an augmentation and July 6, 1844, he obtained from Governor Micheltorena an additional grant for three and one-half leagues, making in all five leagnes and a half. The proofs show that as early as 1839 the land was occupied and a house built upon it. The grantee also placed there cattle and horses, and cultivated abont two hundred acres of land. Ile has ever since continued to occupy it. The anthenticity of the grant is shown by proof of the genuineness of the signatures, and the production of the expediente from the archives of the former government. The claim was confirmed by the Board and no objections to it are suggested in this conrt. A decree of confirmation must therefore be entered." We find on page 23 of the appendix the following: " Jacob P'. Leese, elaimant for Huichaca, two square leagues in Sonoma County, granted Octo- 26, 1841, by Mannel Jimeno, and ,Inly 6, 1844, by Mannel Micheltorena, to J. P. Leese; claim filed April 6, 1852, confirmed by the commis- sion April 18, 1853, by the District Court, April 22, 1856, and appeal dismissed Decem-
ber 24. 1856, containing 18,704.04 aeres. Patented."
MARIANO G. VALLEJO, claiming the Rancho Yulupe es. THE UNITED STATES. Claim for three leagues of land in Sonoma County, re- jected by the Board, and appealed by the claim- ant. "The claimant in this case has produced the original grant by Governor Micheltorena to Miguel Alvarado, dated November 23. 1844. This grant was approved by the Departmental Assembly on February 18, 1845. The gennine ness of the grant is fully proved, and the ocenpa- tion of and the cultivation of a portion of the land established by testimony. The claim was rejected by the Board for the reason that the tract granted was not segregated from the public domain. The land is described in the grant as known by the name of Yulupa, and bounded by the ranchos of Petaluma, Cotate, Santa Rosa and Los Gnilicos. Jasper O'Farrell, who was a goverment surveyor in 1847 and 1848, and as sneh surveyed ranchos in the vicinity, states that he knows the latter well, and that the Rancho Yulupa is situated between them; that it is near the town of Sonoma, and can easily be segregated from the adjoining ranchos. Julio Carrillo testifies that he has known the lands of YnInpa since 1838; and that it lies between the ranchos of . Petaluma,' . Cotate,' . Santa Rosa,' and . Guilicos;' that it contains about three leagnes and is well known. The witness further states that Alvarado built a house on the land, and ocenpied it with cattle and horses in 1843 or 1844. The evidence of these and other wit- nesses whose testimony has been taken in this court on appeal, sufficiently, in my opinion, establishes the identity of the land granted to Alvarado, and removes the only objection urged to a confirmation of the claim. A decree ot confirmation must therefore be entered. On page 35 of the appendix it is recorded: " Mari- ano Guadalupe Vallejo claimant for Yulnpa. three square leagues, in Sonoma County, granted November 23, 1844, by Manuel Micheltorena to Miguel Alvarado; claim filed May 31, 1852, re- jected by the commission May 10, 1854 ; con-
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HISTORY OF SONOMA COUNTY.
firmed by the District Court January 21, 1857; decree reversed by the United States Supreme Court and canse remanded for further evidence." So far unfortunately do these cases go, we are, therefore, constrained to proceed to what in- formation can be gleaned out of the appendix, from which the following are taken:
Archibald A. Ritchie, claimant for Guenoca, six square leagnes, in Sonoma County, granted May 8, 1845, by Pio Pico to George Rock; claim filed Jannary 27, 1852; confirmed by the commission December 18, 1852, and appeal dismissed December 15, 1856; containing 21,- 220.03 acres. Vide page 3, Appendix HIoff- man's Reports, Vol. 1.
Josefa Carrillo Fitch et al., claimants for Sotoyome, eight square leagues, in Sonona and Mendocino counties (sitnated in Mendocino and Russian River townships), granted September 28, 1841, by Manuel Micheltorena to Henry D. Fiteh; claim filed February 2, 1852, confirmed by the commission April 18, 1853, and appeal dismissed November 17, 1857; containing 48,- 836.51 acres. Patented. Vide page 3, Ap- pendix Hoffman's Reports, Vol. 1.
Stephen Smith and Manuela T. Curtis, claimants for Bodega, eight square leagnes in Sonoma County (situated in Bodega and Ocean townships), granted September 14, 1844, by Manuel Micheltorena to Stephen Smith; claim filed February 9, 1852, confirmed by the eoni- mission February 21, 1853, by the District Court July 5, 1855, and appeal dismissed April 5, 1857; containing 35,787.53 acres. Patented. Vide page 4, App. Hoffman's Reports, Vol. 1.
Stephen Smith, claimant for Blucher, six sqnare leagues in Sonoma County (situated in Analy Township), granted October 14, 1844, by Manuel Micheltorena to Juan Vioget; claim filed February 9, 1852; confirmed by the com- mission October 31, 1854, by the District Court January 26, 1857, and appeal dismissed Novem- ber 24, 1856; containing 22,976.66 acres. Vide page 4, Appendix Hoffman's Reports, Vol. 1.
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Archibald A. Ritchie and Paul S. Forbes, claimants for Callayome, three square leagnes in
Sonoma County granted January 17, 1845, by Manuel Micheltorena to Robert F. Ridley ; claim filed February 12, 1852; confirmed by the commission December 22, 1852, and appeal dismissed December 8, 1856; containing 8,- 241.74 acres. Vide page 6, Appendix Hoff- man's Reports, Vol. 1.
Mannel Torres, claimant for Muniz, four square leagnes in Mendocino County (now Sonoma, situated in Ocean and Salt Point town- ships), granted December 4, 1845, by Pio Pico to Mannel Torres; elaim filed February 17, 1852; confirmed by the commission December 27, 1853; by the District Court, October 17, 1855, and appeal dismissed May 7, 1857, con- taining 17,760.75 acres. Patented. Vide page 7, Appendix Hoffman's Reports, Vol. 1.
Bartolome Bojorquez, claimant for Laguna de San Antonio, six square leagues in Marin County (a great part in Sonoma County, Pet- aluma Township), granted November 5, 1845, by Pio Pico to B. Bojorquez; claim filed Feb- ruary 17, 1852; confirmed by the commission October 12, 1853; by the District Court Septem- ber 10, 1855, and appeal dismissed November 24, 1856, containing 24,903.42 acres. Vide page 7, Appendix Hoffman's Reports, Vol. 1.
Thomas B. Valentine, claimant for Arroyo de San Antonio, three square leagues in Marin and Sonoma counties, part in Petaluma Town- ship, and embracing the city of Petaluma. Granted October S, 1844, by Manuel Michel- torena to Juan Miranda. Claim filed February 17, 1852, and discontinued February 6, 1855. The land was then entered by settlers as gov- ernment land, and the lots in Petaluma were entered under the " Town Site Bill." Valen tine, by special act of Congress in 1873, got his claim reinstated before the courts, conditioned that if he made good his claim to the Arroyo de San Antonio grant, he would not disturb the title of the settlers on the grant, but accept from the government " lien serip," which could be located on government land elsewhere. Valen- tine received a confirmation of his grant, accepted his lien serip in 1874, and so the matter ended.
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HISTORY OF SONOMA COUNTY.
José de los Santos Berryesa, for Seno de Malacomes or Moristal y Plan de Agna Cali- ente, four leagnes in Sonoma County (situated in Knight's Valley Township), granted October 14, 1843, by Manuel Micheltorena to J. de los Santos Berryesa; claim filed February 20, 1852; confirmed by the commission June 27, 1854; by the District Court December 24, 1856, and appeal dismissed November 24, 1856, contain- ing 12,540.22 aeres. Vide page 9, Appendix Hoffman's Reports, Vol. 1.
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