History of Alameda County, California : including its geology, topography, soil, and productions, Part 26

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

USA > California > Alameda County > History of Alameda County, California : including its geology, topography, soil, and productions > Part 26

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POLITICAL HISTORY OF THE COUNTY.

CONSTITUTIONAL CONVENTION .- On September 1, 1849, the Convention met at Mor.erey, Robert Semple, of Benicia, one of the delegates from the District of Sonoma, bcing chosen President. The session lasted six weeks, and, notwithstanding an awkward scarcity of books of reference and other necessary aids, much labor was performed, while the debates exhibited a marked degree of ability. In framing the original Constitution of California slavery was forever prohibited within the ju. isdic- tion of the State; the boundary question between Mexico and the United States was set at rest; provision for the morals and education of the people made; a seal of State was adopted, with the motto EUREKA, and many other subjects discussed. The Constitution was duly framcd, submitted to the people, and at the electon held on the 13th of November, ratified by them and adopted by a vote of twelve thousand and sixty-four for and eleven against it, there being, besides, over twelve hundred ballots that were treated as blanks, because of an informality in the printing. The vote of the District of San José on the occasion was five hundred and sixty-seven votes for and nine against its adoption, while five hundred and seventeen votes were cast for Peter H. Burnett as Governor. In Contra Costa, on that occasion, one hundred and seventeen votes were polled at the three precincts then established; Governor Burnett received seventy-four votes; Lieutenant-Governor John McDougal thirty-one, and F. J. Lippett sixty-four, while W. R. Bascom, of San José, was elected Senator, and Elam Brown, of Lafayette, Contra Costa County, Joseph Aram, Dr. Ben. Cory, and J. H. Mathews were sent to the Lower House of the State Legislature, Edward Gil- bert and George W. Wright being sent to Congress.

Among those who took a prominent part in the Convention were Hon. Chas. T. Botts and J. Ross Browne, who was its official reporter, both gentlemen long associated with Alameda County.

We here reproduce, as curiosities, two of the tickets which were voted at the time, and distributed in and around Sacramento and the upper portion of the State :-

PEOPLE'S TICKET.

FOR THE CONSTITUTION.

FOR GOVERNOR, John A. Sutter.

FOR LIEUTENANT-GOVERNOR, John McDougal.

FOR REPRESENTATIVES IN CONGRESS, William E. Shannon, Pet. Halstead.

FOR STATE SENATORS,

John Bidwell, Upper Sacramento, Murray Morrison, Sacramento City, Harding Bigelow, Sacramento City, Gilbert A, Grant, Vernon.

FOR ASSEMBLY, H. C. Cardwell, Sacramento City, P. B. Cornwall, Sacramento City, John S. Fowler, Sacramento City, J. Sherwood, Elisha W. Mckinstry, Madison Waltham, Coloma, W. B. Dickenson, Yuba, James Queen, South Fork, W. L. Jenkin, Weaverville.

PEOPLE'S TICKET.

FOR THE CONSTITUTION.

FOR GOVERNOR, Peter H. Burnett.

FOR LIEUTENANT-GOVERNOR, John McDougal.

FOR REPRESENTATIVES IN CONGRESS, Edward Gilbert, George W. Wright. FOR STATE SENATORS, John Bidwell, Upper Sacramento, Murray Morrison, Sacramento City, Harding Bigelow, Sacramento City, Gilbert A. Grant, Vernon.

FOR ASSEMBLY, H. C. Cardwell, Sacramento City, P. B. Cornwall, Sacramento City, John S. Fowler, Sacramento City, H. S. Lord, Upper Sacramento, Madison Waltham, Coloma,

W. B. Dickenson, Vuha,

James Queen, South Fork, Arba K Berry. Weaverville.

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HISTORY OF ALAMEDA COUNTY, CALIFORNIA.

The popular voice also made San José the Capital; but let us here describe the interesting preliminaries attending this consummation.

SAN JOSÉ MADE THE STATE CAPITAL .- During the session of the Convention the residents of San José, in public meeting assembled, elected a committee to pro- ceed to Monterey, to there use their utmost endeavors with the members to have San José named in the Constitution the State Capital. They found a staunch opponent . at once in the person of Dr. Robert Semple, the President, who coveted the honor for his then rising town of Benicia, he offering at the time that if the favorers of the San José scheme would agree to permit the first session to be held at the former place he doubted not but the permanent location at the latter could be readily effected. This, however, did not suit the views of San José's plenipotentiaries, and, as if to bait the hook, they emphatically promised to be ready with a suitable building by the 15th of December, about the time when *the Legislature would sit-a rash promise enough when is taken into consideration the fact that such an edifice had not then been completed in the town. Let us see how the pledge was redeemed. At that time there stood on the east side of what is now called Market Square, San José, a large adobe structure, erected in the year 1849 by Sainsevain and Rochon, which was meant by them for a hotel. This edifice, as the most suitable the town could offer for a State House, the Ayuntamiento, or Town Council, proposed to rent for the Legislature, but the price asked was so exorbitant, four thousand dollars per month, that it was deemed best to purchase the building outright; but here the proprietors declared themselves unwilling to take the public authorities as security, who were consequently placed in the two-fold dilemma of being without the requisite funds to effect the purchase and no credit to rent it. Happily those citizens in whose coffers lay most of the wealth, rather than see the future glories attendant on the presence of the Legislature in San José glide from them, with marvelous generosity came forward to save the honor of the delegates to the Convention, as well as the credit of the Town Council, and nineteen of them executed a note for the price asked, thirty-four thousand dol- lars, with interest at the rate of eight per cent. per month from date until paid. A conveyance was made to three of their number, who held the premises in trust for the purchasers, to be ultimately conveyed to the Town Council when it could pay for them. An appropriation of fifty thousand dollars, purchase money for the build- ing, was made by the Legislature, and bonds bearing interest at the rate of two and one-half per cent. per month for that amount were issued; but the credit of the new State, unfortunately, was below par; actual cash in hand was the slogan of the vendors. The bonds were sacrificed at the rate of forty cents on the dollar, and the amount received thereby used in partial liquidation of the debt, the liability remain- ing being subsequently the cause of vexatious and protracted litigation.

On Saturday, December 15, 1849, the first State Legislature of California met at San José, E. Kirby Chamberlin being elected President pro tem. of the Senate, and Thomas J. White Speaker of the Assembly. On the opening day there were only six Senators present; the following day Governor Riley and his Secretary, H. W. Halleck, arrived, and on Monday nearly all members were in their places.

Ezra Decoto-

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POLITICAL HISTORY OF THE COUNTY.

MEMBERS OF FIRST CALIFORNIA LEGISLATURE .- We will now introduce to 4

our readers a number of those of California's first Legislators-an interesting record of by-gone times :-

SENATORS.

DAVID F. DOUGLASS .-- Born in Sumner County, Tennessee, the 8th of January, 1821. Went to Arkansas with Fulton in 1836. On the 17th of March, 1839, had a fight with Doctor William Howell, in which Howell was killed; imprisoned fourteen months; returned home in 1842; emigrated to Mississippi; engaged in the Choctaw speculation; moved with the Choctaws west as a clerk; left there for Texas in the winter of 1845-46. War broke out; joined Hays' regiment; from Mexico emigrated to California, and arrived here as a wagoner in December, 1848.

M. G. VALLEJO .- Born in Monterey, Upper California, July 7, 1807. On the Ist of January, 1825, he commenced his military career in the capacity of a cadet. He served successively in the capacity of Lieutenant, Captain of Cavalry, Lieutenant- Colonel, and General Commandant of Upper California. In 1835, he went to Sonoma County and founded the town of Sono.na, giving land for the same. He was a mem- ber of the Convention in 1849 and Senator in 1850.

ELCAN HAYDENFELDT .- Born in Charleston, South Carolina, September 15, 1821. Emigrated to Alabama in 1841; from thence to Louisiana in 1844; to California in 1849. Lawyer by profession.

PABLO DE LA GUERRA .- Born in Santa Barbara, Upper California, November 19, 1819. At the age of nineteen he entered the public service. He was appointed Admistrator-General " de la rentas," which position he held when California was taken by the American forces. From that time he lived a private life until he was named a member of the Convention which framed the Constitution of the State. Represents the districts of Santa Barbara and San Luis Obispo in the Senate.

S. E. WOODWORTH .- Born in the city of New York, November 15, 1815. Com- menced career as a sailor, A. D. 1832. Sailed from New York March 9, 1834 Entered the navy of the United States June 14, 1838. Emigrated to California, via Rocky Mountains and Oregon, April 1, 1846. Resignation accepted by Navy Department October 29, 1849. Elected to represent the district of Monterey in the Senate of the first Legislature of California, for the term of two years.

THOMAS L. VERMEULE .- Born in New Jersey on the IIth of June, 1814. Immi- grated to California November 12, 1846. Did represent San Joaquin District in the Senate. Resigned.

W. D. FAIR .- Senator from San Joaquin District, California. Native of Virginia. 'Emigrated to California from Mississippi in February, 1849, as President of the " Mississippi Rangers." Settled in Stockton, San Joaquin District, as an Attorney- at-law.

ELISHA O. CROSBY .- Senator from Sacramento District. Native of New York State. Emigrated from New York December 25, 1848. Aged thirty-four years.

D. C. BRODERICK .- Senator from San Francisco. Born in Washington City, D. C., February 4, 1818. Emigrated from Washington to New York City March, 1824. Left New York for California April 17, 1849.

E. KIRBY CHAMBERLIN, M. D .- President pro tem. of the Senate, from the dis-

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HISTORY OF ALAMEDA COUNTY, CALIFORNIA.

trict of San Diego. Born in Litchfield County, Connecticut, April 24, 1805. Emi- grated from Connecticut to Onondaga County, New York, in 1815; thence to Beaver, Pennsylvania, in 1829; thence to Cincinnati, Ohio, in 1842; served as surgeon in the United States Army during the war with Mexico; appointed surgeon to the Bound- ary Line Commission, February 10, 1846; embarked from Cincinnati, Ohio, February 15th; arrived in San Diego June 1, 1849, and in San José December 12, 1849.

J. BIDWELL .-- Born in Chautauqua County, New York, 5th of August, 1819. Emigrated to Pennsylvania; thence to Ohio; thence to Missouri; thence, in 1841, to California. Term in Senate, one year.

H. C. ROBINSON .- Senator from Sacramento; elected November 15, 1849. Born in the State of Connecticut. Emigrated at an early age to Louisiana. Educated as a lawyer, but engaged in commercial pursuits. Arrived at San Francisco, February, 1849, per steamer California, the first that ever entered said port.

BENJAMIN S. LIPPENCOTT .- Senator from San Joaquin. Born in New York. Emigrated February, 1846, from New Jersey. By pursuit a merchant. Elected for two years.

ASSEMBLYMEN.

ELAM BROWN .- Born in the State of New York in 1797. Emigrated from Massachusetts in 1805; to Illinois in 1818; to Missouri, 1837, and Platte County, in Missouri, 1846, to California.

J. S. K. OGIER .- Born in Charleston, South Carolina. Emigrated to New Orleans, 1845, and from there to California, December 18, 1848.

E. B. BATEMAN, M. D .- Emigrated from Missouri, April, 1847. Residence, Stockton, Alta California.

EDMUND RANDOLPH .-- Born in Richmond, Virginia. Emigrated to New Orleans, 1843; thence to California, 1849. Residence, San Francisco.

E. P. BALDWIN .- - Born in Alabama. Emigrated from thence in January, 1849. Arrived in California, May 1, 1850. Represents San Joaquin District. Resides in Sonora, Tuolumne County.

A. P. CRITTENDEN .- Born in Lexington, Kentucky. Educated in Ohio, Ala- bama, New York, and Pennsylvania. Settled in Texas in 1839. Came to California in 1849. Represents the county of Los Angeles.

ALFRED WHEELER .- Born in the city of New York, the 30th day of April, 1820. Resided in New York City until the Ist of May, 1849, when he left for California. Citizen and resident of San Francisco, which district he represents.

JAMES A. GRAY .- Philadelphia, Monterey, California. Emigrated in 1846 in the first New York Regiment of Volunteers.

JOSEPH ARAM .-- Native of the State of New York. Emigrated to California, 1846. Present residence, San José, Santa Clara County.

JOSEPH C. MOREHEAD .- Born in Kentucky. Emigrated to California in 1846. Resides at present in the county of Calaveras, San Joaquin District.

BENJAMIN CORY, M. D .- Born November 12, 1822. Emigrated to the Golden State in 1847. Residence in the valley of San José.

THOMAS J. HENLEY .- Born in Indiana. Family now resides in Charlestown in that State. Emigrated to California in 1849, through the South Pass. Residence at Sacramento.

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POLITICAL HISTORY OF THE COUNTY.

JOSÉ N. COVARRUBIAS .- Native of France. Came to California in 1834. Resi- dence in Santa Barbara, and representative for that district.

ELISHA W. MCKINSTRY .- Born in Detroit, Michigan. Emigrated to California in March, 1849. Residence in Sacramento District, city of Sutter.

GEORGE B. TINGLEY .- Born August 15, 1815, Claremont County, Ohio. Emi- grated to Rushville, Indiana, November 4, 1834. Started for California April 4, 1849. Reached there October 16th; was elected to the Assembly November 13th, from Sac- ramento District, and is now in Pueblo de San Josê.

JOHN S. BRADFORD .- Represented the district of Sonoma.

At the start considerable dissatisfaction was felt in respect to the accommodation offered by the State House, and only four days after its first occupation, George B. Tingley, a member from Sacramento, introduced a bill to remove the Legislature to Monterey. It only passed its first reading and was then consigned to the purgatory of further action.

GOVERNOR BURNETT ASSUMES OFFICE .- Governor Riley resigned his Guberna- torial functions to Governor Peter H. Burnett on the 20th of December, 1849; on the same date Secretary of State Halleck was relieved of his duties, and at noon of the day following the new Governor delivered his first message. On this day also Colonel J. C. Fremont received a majority of six votes, and Dr. William M. Gwin a majority of two, for the United States Senate.

STATE CAPITAL REMOVED .- And now a monster enemy to the interests of San José appeared in the field.

In the year 1850 General-Senator Mariano Guadalupe Vallejo became convinced that the capital of California should be established at a place which he designed to name Eureka, but which his colleagues in the Legislature, out of compliment to him- self, suggested should be named Vallejo. To this end the General addressed a memo- rial to the Senate, dated April 3, 1850, wherein he graphically pointed out the advan- tages possessed by the proposed site over other places which claimed the honor. In this remarkable document, remarkable alike for its generosity of purpose as for its marvelous foresight; he proposed to grant twenty acres to the State, free of cost, for a State Capitol and grounds, and one hundred and thirty-six acres more for other State buildings, to be apportioned in the following manner: Ten acres for the Governor's house and grounds; five acres for the offices of Treasurer, Comptroller, Secretary of State, Surveyor-General, and Attorney-General, should the Commissioners determine that their offices should not be in the capitol building; one acre to State Library and Translator's office, should it be determined to separate them from the State House building; twenty acres for an Orphan Asylum; ten acres for a Male Charity Hospital; ten acres for a Female Charity Hospital; four acres for an Asylum for the Blind; four acres for Deaf and Dumb Asylum; eight acres for four Common Schools; twenty acres for a State University; four acres for a State Botanical Garden; and twenty acres for a State Penitentiary.

But with a munificence casting this already long list of grants into the shade, he further proposed to donate and pay over to the State, within two years after the

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HISTORY OF ALAMEDA COUNTY, CALIFORNIA.

acceptance of these propositions, the gigantic sum of three hundred and seventy thousand dollars, to be apportioned in the following manner: For the building of a State Capitol, one hundred and twenty-five thousand dollars; for furnishing the same, ten thousand dollars; for building of the Governor's house, ten thousand dollars; for furnishing the same, five thousand dollars; for the building of State Library and Translator's office, five thousand dollars; for a State Library, five thousand dollars; for the building of the offices of the Secretary of State, Comptroller, Attorney- General, Surveyor-General, and Treasurer, should the Commissioners deem it proper to separate them from the State House, twenty thousand dollars; for the building of an Orphan Asylum, twenty thousand dollars; for the building of a Female Charity Hospital, twenty thousand dollars; for the building of an Asylum for the Blind, twenty thousand dollars; for the building of a Deaf and Dumb Asylum, twenty thousand dollars; for the building of a State University, twenty thousand dollars; for University Library, five thousand dollars; for scientific apparatus therefor, five thousand dollars; for chemical laboratory therefor, three thousand dollars; for a mineral cabinet therefor, three thousand dollars; for the building of four common schools, ten thousand dollars; for purchasing books therefor, one thousand dollars; for the building of a Lunatic Asylum, twenty thousand dollars; for a State Penitentiary, twenty thousand dollars; for a State Botanical Collection, three thousand dollars.

In his memorial the General states, with much perspicacity, his reasons for claim- ing the proud position for the place suggested as the State Capital. Mark the single- ness of purpose with which he bases these claims :-

"Your memorialist, with this simple proposition (namely, that in the event of the Government declining to accept his terms, it should be put to the popular vote at the general election held in November of that year-1850,) might stop here, did he not believe that his duty as a citizen of California required him to say thus much in addi- tion-that he believes the location indicated is the most suitable for a permanent seat of government for the great State of California, for the following reasons: That it is the true center of the State, the true center of commerce, the true center of population, and the true center of travel; that while the Bay of San Francisco is acknowledged to be the first on the earth, in point of extent and navigable capacities, already, throughout the length and breadth of the wide world, it is acknowledged to be the very center between Asiatic and European commerce. The largest ship that sails upon the broad sea can, within three hours, anchor at the wharves of the place which your memorialist pro- poses as your permanent seat of government. From this point, by steam navigation, there is a greater aggregate of mineral wealth within eight hours' steaming, than exists in the Union; besides, from this point the great north and south rivers-San Joaquin and Sacramento-cut the State longitudinally through the center, bringing the immense gold deposits on the one hand, and untold mercury and other mineral resources on the other; from this point steam navigation extends along the Pacific Coast south to San Diego, and north to the Oregon line, affording the quickest possible facilities for our sea-coast population to reach the State Capital in the fewest number of hours. This age, as it has been truly remarked, has merged distance into time. In the operations of commerce and the intercourse of mankind, to measure miles by the rod is a piece of vandalism of a by-gone age; and that point which can be

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POLITICAL HISTORY OF THE COUNTY.

approached from all parts of the State in the fewest number of hours, and at the cheapest cost, is the truest center.

" The location which your memorialist proposes as the permanent seat of govern- ment is certainly that point.

"Your memorialist most respectfully submits to your honorable body whether there is not a ground of even still higher nationality? It is this: that at present, throughout the wide extent of our sister Atlantic States, but one sentiment seems to possess the entire people, and that is, to build, in the shortest possible time, a rail- road from the Mississippi to the Bay of San Francisco, where its western terminus may meet a three weeks' steamer from China. Indeed, such is the overwhelming sentiment of the American people upon this subject, that there is but little doubt to apprehend its early completion. Shall it be said, then, while the world is covet- ing our possession of what all acknowledge to be the half-way house of the earth's commerce-the great Bay of San Francisco-that the people of the rich possessions are so unmindful of its value as not to ornament her magnificent shores with a Capital worthy of a great State ?"

Upon receipt of General Vallejo's memorial by the Senate, a committee, com- posed of members who possessed a local knowledge of the country, comprised in the above-quoted document, both geographical and topographical, were directed to report, for the information of the President, upon the advantages claimed for the location of the capital at the spot suggested, in preference to others. The report, in which the following words occur, was presented to the Senate on April 2, 1850: " Your committee cannot dwell with too much warmth upon the magnificent propo- sitions contained in the memorial of General Vallejo. They breathe throughout the spirit of an enlarged mind, and a sincere public benefactor, for which he deserves the thanks of his countrymen and the admiration of the world. Such a proposition looks more like the legacy of a mighty Emperor to his people than the free dona- tion of a private planter to a great State, yet poor in public finance, but soon to be among the first of the earth."

The report, which was presented by Senator D. C. Broderick, of San Francisco, goes on to point out the necessities which should govern the choice of a site for California's capital; recapitulates the advantages pointed out in the memorial; and, finally, recommends the acceptance of General Vallejo's offer. This acceptance did not pass the Senate without some opposition and considerable delay; however, on Tuesday, February 4, 1851, a message was received from Governor Burnett, by his private secretary, Mr. Ohr, informing the Senate that he did this day sign an Act originating in the Senate, entitled "An Act to provide for the permanent location of the Seat of Government." In the meantime General Vallejo's bond had been accepted; his solvency was approved by a committeee appointed by the Senate to inquire into that circumstance; the report of the Commissioners sent to mark and lay out the tracts of land proposed to be donated was adopted, and, on May 1, 1851, the last session of the Legislature in San José was completed; but the archives were not moved to the new seat of government at Vallejo at that time, the want of which was the cause of much dissatisfaction among the members.

The Legislature first met at Vallejo on January 5, 1852, but there was wanting

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HISTORY OF ALAMEDA COUNTY, CALIFORNIA.

that attraction of society which would appear to be necessary to the seat of every central government. With these Sacramento abounded, from her proximity to the mines. The Assembly, therefore, with a unanimity bordering on the marvelous, passed a bill to remove the session to that city, ball tickets and theater tickets being tendered to the members in reckless profusion. The bill was transferred to the Sen- ate, and bitterly fought by the Hons. Paul K. Hubbs and Phil. A. Roach. The removal was rejected by one vote. This was on a Saturday, but never was the proverb of " we know not what the morn may bring forth," more fully brought to bear on any consideration. Senator Anderson, it is said, passed a sleepless night through the presence of unpleasant insects in his couch; on the Monday morning he moved a reconsideration of the bill. The alarm was sounded on every hand, and at two P. M., on January 12, 1852, the Government and Legislature were finding their way to Sacramento by way of the Carquinez Straits. On March 7, 1852, a devastating flood overwhelmed Sacramento, and where they had before feared contamination, they now feared drowning. The Legislature adjourned at Sacramento May 4, 1852, the next session to be held at Vallejo. On January 3, 1853, the peripatetic Govern- ment met again at Vallejo, whither had been moved in the previous May the State offices. Once more the spirit of jealousy was rampant. Sacramento could not with any grace ask for its removal thither again, but she, working with Benicia, the Capi- tal was once more on wheels, and literally carted off to the latter town for the remaining portion of the session, where it remained until a bill was passed to fix the Capital of the State at Sacramento, and thereafter clinched by large appropriations for building the present magnificent capitol there.

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History of Alameda County, California : including its geology, topography, soil, and productions, Part 26

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