USA > California > El Dorado County > Historical souvenir of El Dorado County, California : with illustrations and biographical setches of its prominent men & pioneers > Part 16
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The number of arrivals on the water-way at San Francisco, from April 12th, 1849, to February 28th, 1850, was 43,824. The emigrant road from the Car- son Pass down into El Dorado alone, saw passing over it, if not more, at least as many arriving emigrants as those who landed at San Francisco.
CHAPTER XVI.
ORGANIZATION OF COUNTY AND COUNTY COURT SEAT.
El Dorado county is one of the twenty-seven coun- 4 ties into which the State was divided at its organiza- tion, their boundaries being the matter of an act signed February 18th, 1850.
When the order of the day brought up the debate for subdividing the state into counties, it was found that not only the geography of the territory, to the greater extent, was still unknown and the rest veiled, but the population was still so uncertain and unsettled, the course of the rivers as well as the character of the mountains not sufficiently known, that all this caused much perplexity and delay. But it must be said, they did the best they could do under the perplexing cir- cumstances, and however ungainly in shape or boun- daries, some of the counties might have been laid out first, causing many a correction in later years, the boundaries of El Dorado, with the first choice, struck the right point ; little or no alterations have been necessary up to the present day. As the county in which the discovery of gold was made, and conse- quently having the greatest attraction for all those who had come to hunt up a fortune in this new El Dorado, and being one of the largest and richest counties in the mining district, she was deservedly complimented with the name she bears.
In 1850, when the vote was taken for the location of a court seat in the county, Coloma received the larg- est number of votes, for the reason it then had hardly any competitor of note, as up to that time most all the population had concentrated around Coloma. But its development was limited and the increase of its population could not stand the comparison with other
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ORGANIZATION OF COUNTY.
districts, particularly those of Hangtown and Weber creek. And ere long the ambition of the people of the first named district grew high enough to start an agitation for the removal of the county court seat to Placerville, as being located so much more convenient and the most central location of the county. Public meetings were held at Placerville, in January, 1854, and as the result of a resolution then adopted, the fol- lowing bill for the permanent location of the county court seat of El Dorado county was introduced in the State Legislature :
The People of the State of California, represented in Senate and Assembly, do enact as follows :
SECTION I. The county judge of El Dorado county shall, at least four weeks prior to the next general elec- tion, make proclamation to the voters of said county, and shall cause the same proclamation to be published in all the newspapers published in said county, as often as the same may be issued, that at the next gen- eral election the question of the removal of the county seat shall be voted on by the qualified voters of said county, and stating the form of ballot to be used at said election, which shall be as follows : "For County Seat," naming the place to be voted for, and said bal- lots shall be counted at the same time, and in the like manner as those cast for the officers to be chosen at said election.
SEC. 2. The returns of the votes so cast for a county seat shall be made to the county clerk as in manner provided by law.
SEC. 3. After the returns shall have been canvassed, it shall be the duty of the county judge to declare that place which shall have received the greatest number of votes, to be the county seat and shall cause the same to be certified to the Secretary of the State.
SEC. 4. If it shall be ascertained that the place chosen, as aforesaid, for the county seat of said county, is other than the town of Coloma, the court of ses- sions shall immediately proceed to make all necessary contracts for the erection of a court-house and jail, and other necessary offices for the county seat, which contracts shall be given to the lowest responsible bid- der. Bonds and sureties shall be required of a re- sponsible character, equal in amount to the price to be paid for the erection of the buildings specified in such contracts ; and payments shall be made on the contracts in such manner as the court of sessions shall deem most conducive to the interest of the people of the county ; provided that no payments shall be made until the completion of the buildings according to con- tract, and until they shall have been received by the court of sessions.
the preceding section, until after the proposals for such contract shall have been advertised by the court of sessions, for at least two weeks, in all the newspapers published in said county, which proposals shall specify with exactness the size, and manner of construc- tion, and the time within which the said buildings shall be completed, and no member of the court of sessions or other county officers, shall be interested either directly or indirectly in the contract so made.
SEC. 6. Within sixty days after the execution of such contract, or as soon as the buildings at the new county seat shall be ready for use and occupancy, it shall be the duty of the court of sessions to cause to be removed, the public archives, records and other property of said county, to the place so declared to be the county seat ; and the terms of the county court of sessions and the district court of said county shall thereafter be holden at the county seat.
SEC. 7. Whenever the buildings now occupied at the present county seat shall be no longer needed for public use, it shall be the duty of the court of sessions to order the sheriff of the county to expose the same for sale at public auction, to be sold to the highest bidder, together with the ground belonging thereunto ; the proceeds of which shall be paid into the county treasury. 'The sheriff shall furnish a bill of sale of all the property sold, to the county treasurer, and take the treasurer's receipt for the moneys paid him on ac- count of such sale ; which receipt shall be filed as a voucher with the county auditor.
SEC. 8. All laws or parts of laws conflicting with the provisions of this act so far as they or either of them are applicable or relate to the county of El Do- rado, are hereby repealed.
This act, passed by the Legislature of California in April, 1854, was the result of a petition of the citi- zens of Placerville, introduced as a bill in the Legis- lature in session ; the city of Placerville being incor- porated about the same time and being undoubtedly the most important town in the county, and in full un- derstanding of the way and means how to increase her significance, made great efforts to get the county seat changed from Coloma to Placerville, making it plausi- ble that suitable buildings for court-house and offices would be given by the citizens. The Legislature, as above stated, submitted the question to the decision of the people at the next general election, to come off in September of the same year, giving the matter an ample chance for agitation in the meantime.
Besides Coloma, anxious to keep what had been in her possession since the organization of the county, and Placerville, three more aspirants entered the con- test for the county seat. Georgetown also marched
SEC. 5. No contract shall be made as specified in in the field for the agitation for removal of the county
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HISTORY OF EL DORADO COUNTY, CALIFORNIA.
seat. The Mountain Democrat of May 18th, 1854, gives the following :
" At a meeting of the citizens of Georgetown and the northern portion of El Dorado county, held at Georgetown on the evening of the 12th inst., on the subject of the removal of the county seat, T. W. Brotherton, Esq., was called to the chair, and Joseph C. Terrell, appointed secretary. Whereupon the fol- lowing preamble and resolutions were unanimously adopted :
WHEREAS, The Legislature of California has left the question of the permanent location of the county seat of El Dorado county to be decided by the qual- ified voters of said county at the approaching elec- tion ;
AND WHEREAS, For the opinion of this meeting, Georgetown is the most suitable place in the county for the permanent establishment of the county seat, possessing as it does, many advantages unequal'ed by any other place spoken of to be voted for the county seat.
Among which advantages might be mentioned the regular manner in which it is laid out, and the great width of its streets ; which not only afford extraordi- nary facilities for business and travel, but are almost a sure guaranty against fire.
In addition to which, her citizens never have been, and it is presumed never will be found wanting in energy, liberality and public spirit, as is evidenced by the fact that we have a large and spacious town hall- an edifice unequalled by anything of the kind in the mountains of California-as well as a large substan- tial church, built by the citizens generally, without distinction of sect or creed, and free for all Christian denominations. Also a fine district school-house, fin- ished after the most approved models, and affording the best accommodations for the children of the district.
We have also an inexaustible supply of mountain water, which requires neither snow nor ice to make it palatable, as well as a never-failing stream running through our midst ; and as for beauty of scenery, sa- lubtity of climate and uniform good health, we chal- lenge the world to find a parallel-making Georgetown altogether one of the most desirable places for the permanent location of the county seat, that can be found in the county of El Dorado. Therefore,
Resolved, That we will use all honorable means within our power, to secure the permanent location of the county seat of El Dorado county at Georgetown.
Resolved, That if Georgetown is successful in pro- curing the county seat, that we pledge ourselves to do- nate to the county of El Dorado, for county purposes, the large and commodious building in said town known as the " Town Hall."
Resolved, That a standing committee of five be ap- pointed to devise and carry into execution the best means to secure the election of Georgetown for the permanent county seat of El Dorado county, and said committee report at "Warren's Hall," at 8 o'clock, two weeks from to-night.
Resolved, That the proceedings of this meeting be published in the State Journal, the Sacramento Union) and in the papers of this county.
On motion, the meeting adjourned.
T. W. BROTHERTON, Pres't. J. C. TERRELL, Sec'y."
Georgetown, however, withdrew in favor of Green- wood Valley, and if it had not been for the jealousy of Diamond Springs, we don't know why the county seat would not have been removed in 1854 from Co- loma to Placerville. At the general election of Sep- tember 6th, 1854, the following vote was given for county seat :
Coloma 4,601
Placerville 3,745
Diamond Springs 2,073
Mud Springs. 685
Greenwood Valley. 441
Immediately after the election, for the first time some talk was circulating to divide the county of El Dorado, on account of her huge dimensions, but in fact as the hearty wish of some politicians to try the experiment, expecting to have better control of the votes of the county in the diminished shape; but for this time it was of no consequence whatever. About a year later, however, a member of the State Assembly by the name of White gave notice in the House that he would introduce a bill to divide the " Empire county."
The question of the removal of the county seat from Coloma to Placerville, that had been slumbering since the election in the fall of 1854, turned up again in the spring of 1856. This time the first request was made by the population of Cosumnes and White Oak townships, comprising the whole population of the southern and southwestern part of the county, who by reason of the geographical location of their places of residence, would be benefitted by a removal of the county seat to Placerville, as the most central and con- veniently located place. 'Coloma, in anticipation of this second contest, that promised to become a more serious one, and that she might not be able to come out of it as lucky as the first time, opened subscription lists and solicited names for remonstrances.
At Placerville the citizens convened at a large and enthusiastic meeting March 15th, 1856; Mayor Jervey was called to preside, Captain W. H. Smith and ex- Mayor A. Hunter were chosen vice-presidents, and W.
STALBANS COTTAGE. RESCE OF WM.J . FOWLER. AND.SAM! . LAWSON. NEAR KELSEY. ELDORADO CO . CAL.
73
ORGANIZATION OF COUNTY.
Wadsworth and I). W. Gelwicks were appointed secre- taries. The object of the meeting being stated, to take into consideration the subject of the location of the county seat, on motion, the following gentlemen were appointed a committee to draft and report reso- lutions expressive of the sense of the meeting : B. R. Nickerson, Captain Smith, Dr. Child, Captain Norton, and J. O'Donnell. Mr. Nickerson reported the fol- lowing resolutions, which were, after a full discussion, unanimously adopted. The most determined spirit characterized the whole proceedings.
Resolved, That we fully recognize the inherent right of governments, whether territories, states, counties or corporations to legislate and determine their own local affairs through the direct action of their own cit. izens ; therefore,
Resolved, That the course of a portion of the El Dorado delegation in our State Legislature, consisting of Messrs. Taylor, White, Welch and Oliver, to whom was referred the bill to submit the permanent location of our county seat to a direct vote of the people at a special election, is a gross outrage of every principle of popular sovereignty, and merits our decided repro- bation.
Resolved, That the committee of the House, upon "Counties and County Boundaries," for their unani- mnous report in favor of the passsage of the bill to sub- mit to the electors of El Dorado county, at a special election, the permanent location of the county seat, deserves our unqualified approbation.
Resolved, That Messrs. Gage, Heiskell, Bowe and Borland, for their strict adherence to the true interests of their constituency, as well as to a well settled na- tional principle, in urging upon the Legislature the passage of the bill to submit the question to a direct vote of the whole people, disconnected with party pol- itics, have done their duty to their constituents.
Resolved, That the report submitted by Dr. Taylor is in direct conflict with the will of a large majority of the people he was elected to represent, and in all the essential features at variance with the facts ; and that part of said report relating to our county buildings a wanton attempt to mislead the Legislature upon a sub- ject of vital importance to the citizens of our county.
Resolved, That we will support no man for office at the coming election, of any particular party, who by his action upon this vital principle of self-government refuses to submit the same to the people directly con- cerned.
W. E. JERVEY, President.
W. WADSWORTH,
D. W. GELWICKS, Secretaries.
Under date of April 21st, 1856, the Board of Super- visors issued the following :
WHEREAS, An act entitled " An act to submit the question of removal of the county seat of El Dorado county to the qualified voters thereof," having been enacted by the people of the State of California: and
WHEREAS, Said act having been approved by the governor of this State, and the same certified to the board ; and, whereas, said act provides that an elec- tion, thirty days after the passage of said act, shall be held in said county of El Dorado, to locate and estab- lish the county seat of said county, and to determine whether the said county seat shall remain at Coloma or be removed to the city of Placerville.
Therefore, we, the Board of Supervisors of said county, hereby give notice under our order, that an election will be held in all the precincts in this county, on Saturday, the 17th day of May, A. D 1856, in pur- suance of said act.
ALEX. IRVINE, Chairman Board of Supervisors. D. C. McKENNEY, Clerk.
The election returns gave a total vote of 13,393, of these 85 had been rejected for want of proper certiti- cates ; the balance of the 13,308 were divided as fol- lows :
For Coloma, 7,413 ; for Placerville, 5,895.
In consequence of this vote, an indignation meet- ing of the citizens of Placerville was held on the plaza, Thursday evening, May 29th, 1856, for the purpose of eliciting the sentiment of the people in regard to the late flagrant outrage upon the right of suffrage com- mitted in Coloma. and developed in counting the re- turns of the late election for county seat.
The meeting was called to order by nominating S. M. Johnson, Esq., chairman, and Dr. I. S. Titus, sec- Jetary.
Able addresses were delivered by Messrs. Hume, Keene, Bruce, Lee, Carr and Stewart. During the proceedings, the following preamble and resolutions were unanimously adopted :
WHEREAS, At an election held in this county on Saturday, the 17th inst., to decide upon the perma- nent location of the county seat, it was determined by the votes of the people, as declared and known after closing the polls, and counting the votes in the vari ious precincts of the county, that the city of Placer ville received a majority of all the votes cast, of over five hundred votes ; and, whereas, fraudulent returns have been made to the county clerk from three pre- cincts, representing a vote of 2,245 votes, thereby changing the result, and overriding the voice of the people, and substituting in the place thereof the will of designing knaves; therefore, be it
Resolved, That the returns from Uniontown of 811 votes, from Dry Creek house. 872 votes, and from
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HISTORY OF EL DORADO COUNTY, CALIFORNIA.
McDowellville, 562 votes, are base forgeries upon the election franchise ; degrading the ballot box ; a deep disgrace, which must rest upon every freeman in the Empire county, who does not with all his political, moral and physical might resist this invasion of our liberties.
Resolved, That to submit to this outrage upon our dearest rights, is to entrust our future welfare and right of self-government committed to us by our fathers, into the hands of ballot-box stuffers, and law- defying villains ; by so doing, rendering the will of the people powerless, and destroying all our liberty.
Resolved, That all the corrupt officials who have been accessory in vamping and producing false returns from the above precincts, have shown themselves ut- terly unworthy of the confidence of the people of El Dorado county, and should be held to a strict account therefor, etc.
Resolved, That John Hume, Esy., late an honored citizen of this place, for his bold and able advocacy of the claims of this city, is hereby accorded our highest respect and profound thanks.
Resolved, That we recognize to its fullest extent, the right of the people to decide every question of public interest, at the ballot box; and to that verdict, when fairly expressed, we should ever submit ; and we de- nounce those who have attempted to defile this sacred palladium of our liberties, as enemies of our race, traitors to our glorious land, and more justly entitled to the benefits of hemp, than some of their predeces- sors.
Resolved, That the proceedings of this meeting be published, etc.
S. W. JOHNSON, Chairman.
I. S. Trrus, Secretary.
The facts about this election were these :
On May 17th, 1856, the people of El Dorado county by à large majority, voted to remove the county seat from Coloma to Placerville. In fear that fraud would be committed by the friends of Coloma, the citizens of Placerville took the precaution to send two agents to each precinct in the county, with instructions to re- main at the polls until they were closed, and to pro- cure from the judges of election a correct return of the votes polled, and the number cast for each place -- Placerville and Coloma-certified by a proper officer. The judges in every instance furnished the desired in- formation and sent the following returns, as counted after the polls had closed :
For Placerville 5,926
For Coloma 5,280
Majority for Placerville 646
The official vote, as given before, differed materially
from the above ; the vote of Coloma, within the short space of two weeks was increased astonishingly from 5,280 to 7,413. The above report gave Placerville a vote of 5,926; the official vote was 5,895, a difference of but thirty-one votes. Coloma township at the county seat election cast 2,038 votes, at the Presidential elec- tion the same township gave but 937 votes. At the county seat election White Oak precinct cast 347 votes, all but five for Coloma, while at the Presidential elec- tion it gave 69 votes in all. The precincts of McDowell- ville and Dry Creek at the county seat election cast 1,436 votes, but two of them for Placerville ; while at the Presidential election there was not one vote cast in either of these precincts.
The question of the removal of the county seat that had rested for nearly a year, sprung to life again with the opening of the legislative session in January 1857. On the 22d of said month, Mr. G. McDonald pre- sented a bill in the Assembly, providing for the re- moval of the county seat of El Dorado county from Colomna to Placerville. The bill passed the lower house without any opposition, while some controversy came in when the bill was brought up in the Senate ; but a large majority of the votes of the latter body de- cided for the removal of the county seat of the Empire county from Coloma to Placerville. This ended the struggle of three years agitation for the supremacy- at last Placerville had won a victory and fully en- joyed it.
Some parties of the northern part of El Dorado county to show their discontentedness and dissatis- faction with this result, held a meeting at Georgetown, where some resolutions were read and accepted, out of which we give the following :
Resolved, That we are in favor of a division of the county of El Dorado, making Georgetown the seat of the new county.
Resolved, That the members of the Legislature from this county are requested to use their influence to se- cure the immediate passage of a bill for the above purpose
The line which these office-seekers and county butchers proposed for that new county was the South Fork of the American river -- to include the whole dis- trict bounded by the South and Middle Forks of the American river running east to the state line-stating in the preamble to those resolutions that the people of said district had expressed themselves favorable to a division.
Dr. Turner introduced a bill into the assembly for the division of El Dorado county, and the creation of Eureka county. It was referred to the committee on Counties and County Boundaries, whereupon Mr. C. Orvis presented a remonstrance against it, causing the
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EL DORADO COUNTY, GEOGRAPHICALLY.
whole matter to be referred to the El Dorado delega- tion. The latter presented a majority report signed by Messrs. Hamm, Hall, Orvis, Hume, McDonald and Carpenter, and a minority report signed by Messrs. Turner and Mitchell. The bill came up for consider- ation in the Assembly on the 8th of April, 1857, and a motion to reconsider the vote by which that body re- fused to order the bill engrossed, was indefinitely post- poned.
But while all those who had an interest in county affairs were attentively following the proceedings of the proposed county division, anxiously wishing that it might be prevented, not sufficient attention was given to the danger from a similar robbery on the southern boundary ; here, a part of El Dorado county from Dry creek, the hitherto boundary line, to the South Fork of the Cosumnes river was given to Ama- dor county to increase her size. The petitioners for this act had pretended to work in full agreement with the people of that respective part of country, but in fact, the people had not been asked about their opin- ion; on the contrary, just those people had only a short time ago expressed their opinion, by requesting the removal of the county seat from Coloma to Placer- ville. Now in this request they had been satisfied, what reason could exist for another move.
Meanwhile the county seat officially had been re- moved to Placerville, and the ground for the perma- nent location of the county buildings not yet being se- lected, the Board of Supervisors rented a large stone building in the rear of the Mountain Democrat office, for county purposes, and by some alterations converted it into a temporary court-house.
One would have believed that this would have been the last act in the question of the removal of the county seat, but this was not so. The Legislature in the session of 1857-58, was again requested to take up the matter. A bill had been introduced into the State Assembly providing for an appropriation of $59, ooo to erect the necessary buildings for the county court seat, by Mr. Lee and Mr. Buell answered with a substitute, to remove the county seat from Placerville back to Coloma. The bill passed the lower house in March, 1858, but not the senate, and never turned up again, and Placerville remains the county seat of the county until this day.
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