History of Alameda County, California : including its geology, topography, soil, and productions, Part 23

Author: Munro-Fraser, J. P
Publication date: 1883
Publisher: Oakland, Calif. : M.W. Wood
Number of Pages: 1206

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The military freebooter Sanchez had at this time established a reign of terror in the districts around the Bay of San Francisco, neither man, horse, nor stock of any kind being free from his predatory band. Concealing themselves in thicket or ravine, they were wont to fall upon the unsuspecting traveler, who, after being robbed, was too often most foully murdered. In the month of December, 1846, about the eighth day, a foraging party under Lieutenant W. A. Bartlett of the sloop-of-war Warren and five men, among them being Martin Corcoran, a much respected citizen of San José, started from Yerba Buena to purchase beef for the United States forces. When they arrived in the vicinity of that locality where now stands the Seventeen-mile House,

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on the San José road from San Francisco, and when in the act of driving together some cattle, thirty of Sanchez' men rushed from an ambuscade, captured them and carried them off to their camp in the redwoods of the Coast Range of mountains; but after a space removing to another portion of the same chain in San Mateo County, he increased his force to a hundred men and one piece of artillery-a six pounder-and commenced a succession of marauding expeditions in the country that lies within fifty miles of San José. Intelligence reaching the pueblo of these depredations of Colonel Sanchez, without loss of time Captain Weber sounded the "call" to boot and saddle, and about Christmas day, 1846, was in full chase. Learning, however, of the recent addition to the enemy's strength, he avoided an encounter with a force so much his superior in numbers and pushed on to San Francisco where he reported to the Commandant.

Still retaining his six prisoners under close guard, Sanchez advanced into the Santa Clara Valley, by way of the head of the Bay of San Francisco, and called a halt about ten miles from San José, which place he came to after a rest of forty-eight hours. Aware full well that Weber and his company were not in the town, and noth- ing remained for its defense but a few marines, he thought that it would fall before his mighty presence, even without firing a shot, he therefore dispatched a note to Lieutenant Pinkney, calling upon him to surrender and withdraw his men; in which event the Americans would be permitted to retire unmolested; should he refuse, then an attack would be forthwith made and all put to the sword. But Pinkney was not to be intimidated by such shallow bravado. As the sun sank into the west on that day he formed his men in line and read to them the arrogant communication of the robber chief, which being ended, he said, if there were any there who did not wish to fight they had full liberty to rejoin the ship at San Francisco. Such, however, hap- pily is not the spirit of the American people or their forces, else the glorious Union would not be in the lead of nations as it is to-day. Pinkney's men raised their voices as one man, and elected to stay and let Sanchez do his worst, while their gallant com- mander vehemently asserted, "Then, by G-d, Sanchez shall never drive me out of here alive !" And then there burst from the throats of that handful of heroes one hoarse cheer that made the welkin ring. Like a true soldier, the Lieutenant gave not an order the carrying out of which he did not personally superintend. He divided his small force into four squads, who were, on an alarm being sounded, each to press for a particular side of the breast-work which he had built around the Juzgado; if, however, the enemy should be found in a body trying to effect an entrance at any other side, then were the four divisions to rush en masse to that spot. That night Pinkney doubled the guard, and his men slept on their arms. It was his expectation to be attacked by a force immeasureably his superior in point of numbers, but at dead of night Sanchez rode round the pueblo, reflected deeply, and wisely determined that to be valorous was to be discreet, therefore he withdrew his men leaving our forces in full possession. Lieutenant Pinkney is described as being a tall, well-proportioned man, over six feet high, with sandy whiskers and hair. He was straight as an arrow and looked the soldier all over; his very appearance showed where he would be in a hot contest. There was not a man among his little band that did not have the utmost confidence in him.

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Let us now return and see how fared it with the prisoners captured near the Seventeen-mile House. To try and effect their release, James Alexander Forbes (who died in Oakland in May, 1881), Her Britannic Majesty's Consul, visited Sanchez' band, where his brother-in-law was serving, and strove to obtain the liberation of the captives, but with no success. After a good deal of palaver, however, Sanchez con- sented to Lieutenant Bartlett being permitted to accompany Forbes to his resi- dence in Santa Clara, but on no account was he to be handed over to the American authorities, while, as to the other five, he was willing that they all should be surren- dered to their nationals, but Captain Weber, who had before the commencement of hostilities between the United States and Mexico, been in the service of the latter Government, must be given up to him. Consul Forbes transmitted the result of his diplomatic mission to the commanding officer at San Francisco, who replied that he unconditionally refused such terms, and Bartlett could be returned to Sanchez.

A day of reckoning was now fast drawing nigh, for a little army with the destruction of Sanchez and his band in view, was being formed in San Francisco under command of Captain Ward Marston, of the Marine corps attached to the United States ship Savannah. The force was composed as follows: Assistant-Surgeon J. Durall, Aid-de-Camp; detachment of marines, under Lieutenant Robert Tansil, thirty-four men; artillery, one field-piece, six pounder, under charge of Master William F. D. Gough, assisted by midshipman John Kell, ten men; interpreter, John Pray; Mounted Company, San José Volunteers, under command of Captain Charles M. Weber, Lieutenant John M. Murphy and acting Lieutenant John Reed, thirty-three men; Mounted Company of Yerba Buena Volunteers, under command of William M. Smith (a pioneer of Contra Costa County), Lieutenant John Rose; with a small detachment, under Captain Julius Martin (still residing at Gilroy, Santa Clara County), of twelve men, the whole being in the neighborhood of one hundred men.

The little army marched out of San Francisco on the 29th December, their course being southward and through the Santa Clara Valley. On the morning of January 2, 1847, they came in sight of the enemy, who, upon learning of their ap- proach, had dispatched their six prisoners, on foot, into the mountains in charge of a guard of twelve men, who, having proceeded a couple of miles, halted.

Upon the force of Americans coming up with the enemy, at ten o'clock in the morning, orders were given to open fire at two hundred yards' range which was done with telling effect, the first one or two volleys entirely breaking the line in which Sanchez chose to fight. Finding his alignment cut in twain, Sanchez wheeled his men so as to bring each of his sections on either flank of Captain Marston's corps, but still making a retrograde movement, while the latter advanced. Ever and anon would the desperate Colonel rally his already demoralized troops in front, and again wheel them on the flanks of his opponents, thus alternately fighting in front and on flank, but still keeping up the order of his retreat for two or three hours.

Lieutenant Pinkney from his fortified position in San José, hearing the firing, gave orders for making hundreds of cartridges, and placed everything in a state of defense, in case Sanchez should be victorious and come down on the pueblo, while he waited anxiously for news of the battle, for he believed the Americans were outnum- bered, and had some doubt as to how the fortune of the day might turn; while, at

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Santa Clara Mission, people crowded the roof-tops and there witnessed the engage- ment, to which place the retreat tended. Finding this new force to contend against he drew off unwilling to renew a fight of which he had already had too much, and found his way to the Santa Cruz Mountains whence he dispatched a flag of truce and a communication stating the terms on which he would surrender. The reply he re- ceived was that his surrender must be absolute, and notwithstanding that he said he would die first, an armistice was agreed upon and dispatches sent to the Command- ant at San Francisco, asking for instructions.

Meanwhile Pinkney's suspense was put to an end by the receipt of a message as to the result of the action, while Marston marched his men to the Santa Clara Mission where they were received with demonstrative joy by the American ladies and children there assembled. Captain Aram now received permission to proceed in quest of certain horses which had been stolen from the American settlers in the Santa Clara Valley, some of which he knew to be in the cavalcade of the enemy, and while engaged in this duty was informed by Sanchez that another body of United States troops was on its way from Monterey. This information could scarcely be credited by the Captain, who, ascending a commanding point, perceived the intelligence to be correct. This accession to the fighting strength of the Americans made Sanchez tremble lest he should be attacked by them, he therefore begged Aram to advance and inform them of the situation of affairs, which he did. The new-comers felt con- siderable chagrin at this situation of affairs for they longed to have a brush with the enemy. This force was under the command of Captain Maddox of the United States Navy, and consisted of fifty-nine mounted sailors and marines.

The courier sent to San Francisco returned on the 6th with instructions to Captain Marston that the surrender of Sanchez must be unconditional, a copy of which he transmitted to the Colonel, whereupon the terms of capitulation were agreed upon. Another reinforcement arrived under Lieutenant Grayson on the 7th and on January 8, 1847, his whole force laid down their arms and the six anxious prisoners were returned to the hands of their countrymen. The Mexican Colonel was taken to San Francisco and held as a prisoner, for a time, on board the United States ship Savannah, while his men were permitted to return to their respective homes.

And thus the curtain is dropped upon the closing act in the war-like drama, as enacted in the northern part of Upper California in the years 1846 and 1847.

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HISTORY OF ALAMEDA COUNTY, CALIFORNIA.

LEGISLATIVE HISTORY OF ALAMEDA COUNTY.

CHRONICLES OF ORGANIZATION AND POLITICAL ANNALS.

THE first organization of counties in the United States of America, originated in Virginia, where her earliest settlers became possessed of vast tracts of land,

1 lived the life of isolated patricians, imperious in demeanor, aristocratic in feel- ing, and, in a measure, were dictators to the laboring classes by whom they were sur- rounded. Therefore it will readily be appreciated that owing to the scarcity of voters, and the large district over which they were scattered, there was not the material from which to create towns. Moreover, county organization was in perfect harmony with the social and judicial dignities of Great Britain, in which, as descendants of that country, they felt so much glory. In Virginia, in 1634, eight counties were estab- lished. In a little this lead was followed by the Southern and several of the North- ern States, with the solitary exceptions of Louisiana and South Carolina, in the for- mer of which, after the custom of France, parishes were organized, and districts created in the latter.

In New England towns were formed before counties, while they in turn were organized before States, whose powers of government originally were exercised by towns or townships. The powers afterwards assumed by States were from surrender on the part of towns, while counties were created for the purpose of defining the jurisdiction of Courts of Justice. The representative system arose from out of a union of towns which were formed into States, each town being represented in the State Legislature, or General Court, by delegates chosen by its freemen at stated meeting.

The first authentic evidence of a town meeting, which we can find, is that held by the delegation of the Plymouth Colony on March 23, 1621, which had in view the perfecting of a military organization. At that session a Governor was chosen for the ensuing year; and it is noticed as a coincidence, whether from that source, or other- wise, that the annual town meetings in New England, and in most of the other States, have ever since been held in the Spring of the year. It was not, however, until 1635 that the township system was adopted as a quasi corporatim in Massachusetts.

It may be interesting to note what were the provisions contained in the first legal enactment concerning this system. It read: "Whereas, particular towns have many things which concern only themselves, and the ordering of their own affairs, and dis- posing of business in their own towns; therefore the freemen of every town, or the major part of them, shall only have power to dispose of their own lands and woods, with all the appurtenances of said towns; to grant lots and to make such orders as may concern the well-ordering of their own towns, not repugnant to the laws and orders established by the General Court. They might also impose fines of not more than thirty shillings, and choose their own particular officers, as constables, surveyors for highways, and the like." This enactment, no doubt, relieved the General Court of a mass of municipal details, without any danger to the controlling power of that body

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in general measures of public policy, while, it is also probable that a demand of the freemen of the towns was felt for the control of their own home concerns.

The colonies of New England were first governed by a "General Court," com- posed of a Governor and small Council, which Court comprised the most influential inhabitants, and, while possessing legislative powers, exercised judicial functions, which were limited only by the wisdom of the holders. They made laws, ordered their execution, elected their own officers, tried and decided civil and criminal causes, enacted all manner of municipal regulations, and, in fact, transacted all the business of the colony.

This system, which was found to be eminently successful, became general as terri- tory was added to the Republic and States were formed. Divisions of less size were in turn inaugurated and placed under the supervision of proper officials whose num- bers were increased as time developed a demand, until the system of county and township organization in the United States is the most complete of any land.

Let us now proceed to trace the formation of Alameda County.

ORGANIZATION OF ALAMEDA COUNTY .- On the acquisition of Upper California by the United States of America under a treaty of peace, friendship, limits, and set- tlement, with the Republic of Mexico, dated Guadalupe Hidalgo, February 2, 1848, the boundaries of the territory ceded were properly defined. The President duly ratified it on the 16th of February of the same year ; it was exchanged by the cov- enanting parties at Queretaro, May 30th, and subsequently promulgated, July 4, 1848, by President James K. Polk and attested by Secretary of State James Buchanan. A Constitutional Convention assembled in Monterey in the year 1849, and on October 12th, at the close of the session, a proclamation calling upon the people to form a Government was issued. Its objects were declared by Brigadier-General Riley, the Military Governor, to be: "to designate such officers as they desire to make and execute the laws; that their choice may be wisely made, and that the Government so organized may secure the permanent welfare and happiness of the people of the new State, is the sincere and earnest wish of the present executive, who, if the Constitution be ratified, will, with pleasure, surrender his powers to whomsoever the people may designate as his successor."

In accordance with Section fourteen of Article twelve of the Constitution, it was provided that the State be divided into counties, while the first session of the Legis- lature, which began at San José on December 15, 1849, passed, February 18, 1850, "An Act subdividing the State into counties and establishing seats of justice therein." The Act was finally confirmed April 25, 1851, and directed the boundaries of Contra Costa, in which the greater portion of Alameda County was included, to be as under.

ORIGINAL BOUNDARY OF CONTRA COSTA COUNTY .- Beginning at the mouth of Alameda Creek and running thence in a southwesterly direction to the middle of the Bay of San Francisco; thence in a northerly or northwesterly direction, following, as near as may be, the middle of the bay to the Straits of San Pablo; thence up the middle of the Bay of San Pablo to the Straits of Carquinez; thence running up the middle of said Straits to the Suisun Bay, and up the middle of said bay to the mouth

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of the San Joaquin River; thence following up the middle of said river to the place known as Pescadero or Lower Crossing; thence in a direct line to the northeast corner of Santa Clara County, which is on the summit of the Coast Range, near the source of Alameda Creek; thence down the middle of said creek to its mouth, which was the place of beginning, including the islands of San Pablo, Coreacas, and Tesoro. The seat of justice shall be at the town of Martinez.

CREATION OF ALAMEDA COUNTY .- We have already stated that originally Alameda County formed a large portion of Contra Costa. In 1853 it was created from out of the southern portion of Contra Costa, and a part (Washington Township) of Santa Clara County. The process of formation may be thus briefly described: In that year (1853) both the counties were represented in the State Senate by George B. Tingley, who was a resident of the latter, and, in the Assembly, the first by Horace W. Carpentier and the last by W. S. Letcher and Henry C. Smith, who lived at a place then known as New Haven, but which has since been named Alvarado. On March 10, 1853, the Legislature being then convened at Benicia, Solano County, Mr. Smith, from his place in the Assembly, presented a petition from Santa Clara and Contra Costa's residents, praying that a new county, to be called Alameda, be created from out of territory then comprised within their limits. Having passed the searching eye of the Committee on Counties and County Boundaries the bill entitled " An Act to create the county of Alameda and establish the seat of justice therein, to define its boundaries, and provide for its organization," was introduced by Mr. Smith, read the first and second times, and once more sent to the above-named committee, by whom it was reported back on the following day, the 11th of March, with the recommenda- tion that it be passed. On the 12th it was declared to be correctly engrossed, and on the next day, the 13th, it found its way into the presence of the Senate, in which august chamber it was amended. These ratifications were returned to the Assembly, who, March 18th, signified their concurrence in the amendments of the Upper House, whence it was referred back to the Lower Chamber for correction in errors of enroll- ment on the 23d; these were declared duly made on the 25th, on which date it was presented for the Governor's approval, which it received March 28, 1853.

After its passage it was found that the Act contained several material defects which it was thought advisable to amend; therefore, on the 31st of March, Mr. Smith introduced an amendatory bill, which passed the Senate on April Ist, and finally received the signature of Governor John Bright on April 6, 1853. On the 21st of the same month, an attempt was made by Mr. Carpentier to have the bill amended so as to make Oakland the seat of justice, instead of New Haven or Alvarado, but which was rejected, on a vote being taken, by nineteen noes to seventeen ayes.

The boundaries of the county as prescribed by the above Act were defined as follows :-

ORIGINAL BOUNDARY OF ALAMEDA COUNTY .- Beginning at a point at the head of a slough, which is an arm of the Bay of San Francisco, making into the main- land in front of the Gegara Ranchos; thence to a live sycamore tree that stands in a ravine between the dwellings of Fluhencia and Valentine Gegara; thence up said

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ravine to the top of the mountains; thence in a direct line easterly to the junction of the San Joaquin and Tuolumne Counties; thence northwesterly on the west line of San Joaquin County to the slough known as the Pescadero; thence westwardly in a straight line until it strikes the dividing ridge in the direction of the house of Joel Harlan, in Amador Valley; thence westwardly along the middle of said ridge, crossing the gulch one-half mile below Prince's Mill; thence to and running upon the dividing „ridge between the Redwoods known as the San Antonio and Prince's Woods; thence along the top of said ridge to the head of the gulch or creek that divides the ranchos of the Peraltas from those known as the San Pablo Ranchos; thence down the middle of said gulch to its mouth; and thence westwardly to the eastern line of the County of San Francisco; thence along said last-mentioned line to the place of beginning. Seat of justice, Alvarado.

PRESENT BOUNDARY OF ALAMEDA COUNTY .- After changes which it is unnec- essary to follow here, the boundaries of Alameda County, as at present defined in the Political Code of California are: Beginning at the southwest corner, being the com- mon corner of San Mateo, Santa Clara and Alameda, as established in Section three thousand nine hundred and fifty-one; thence easterly on northerly line of Santa Clara, as established in Section three thousand nine hundred and fifty-two, to com- mon corner of San Joaquin, Stanislaus, Santa Clara and Alameda, as established in Section three thousand nine hundred and thirty-two; thence northwesterly, on the west line of San Joaquin County, to the slough known as the Pescadero, being the west channel, or old San Joaquin River; thence westerly in a straight line, until it strikes the dividing ridge, in the direction of the house of José Harlan, in Amador Valley; thence westerly along said ridge, crossing the gulch one-half mile below Prince's Mill; thence to and running upon the dividing ridge between the Redwoods known as the San Antonio and Prince's Woods; thence along said ridge to the head of the gulch or creek (Cerrito Creek) that divides the ranchos of the Peraltas from the San Pablo Ranchos; thence down said gulch to its mouth; thence southwesterly to the common corner of San Francisco, Contra Costa, and Alameda, as established by Section three thousand nine hundred and fifty; thence southerly to a point in the Bay of San Francisco that would intersect a line parallel with the north line of the Central Pacific Railroad Company's wharf (as it now is) if extended five hundred feet toward Yerba Buena Island; thence southeasterly in a line parallel with the east line of the City and County of San Francisco (which is the line now dividing said city and county from the County of Alameda) to its intersection with the south line of said city and county, as established in Section three thousand nine hundred and fifty; thence easterly along said last-mentioned line to the northeast corner of San Mateo; and thence southeasterly along the eastern line of San Mateo to the place of begin- ning. Horace A. Higley's survey and map of Alameda County, 1857, are declared to contain a more particular description of the line out of the Bay of San Francisco.

County seat, City of Oakland; provided that nothing in this Act contained shall be construed to place "Yerba Buena Island," or any part thereof, outside the limits of the City and County of San Francisco, but the same shall be deemed to be within said city and county, and the westerly boundary line of the County of Alameda shall

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not come within two thousand and five hundred feet of any part of said island. [Amendment approved March 30, 1874; Amendments 1874-5, 168, took effect six- tieth day after passage .* ]

SENATORIAL DISTRICTS .- In the first partition of the State, Contra Costa was attached to Santa Clara County for Senatorial purposes. On the creation of Alameda County, she was joined to Santa Clara, and formed into the Fourth Senatorial Dis- trict, and thus she continued until created into the Ninth Senatorial District. By the. Act approved March 16, 1874, Alameda County was designated as the Fourteenth Senatorial District, to have two Senators, and as such she has remained until the present session of the Legislature, when the State was re-districted, and Alameda County formed into the Sixteenth, Seventeenth, and Eighteenth Senatorial Districts, with one Senator for each. The First, Fourth, and Sixth Wards of the City of Oak- land, together with the election precincts of West Berkeley, Bay, and Ocean View, constitute the Sixteenth Senatorial District; the Second, Third, Fifth, and Seventh Wards of the City of Oakland, together with the election precincts of East Berkeley, Temescal, and Piedmont, constitute the Seventeenth Senatorial District; and that portion of Brooklyn Township outside of the City of Oakland, together with the Townships of Alameda, Eden, Washington, and Murray, constitute the Eighteenth Senatorial District.

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History of Alameda County, California : including its geology, topography, soil, and productions, Part 23

Author: Munro-Fraser, J. P Publication date: 1883 Publisher: Oakland, Calif. : M.W. Wood Number of Pages: 1206

Author: Munro-Fraser, J. P
Publication date: 1883
Publisher: Oakland, Calif. : M.W. Wood
Number of Pages: 1206