History of California, Volume XXII, Part 71

Author: Bancroft, Hubert Howe
Publication date: 1885-1890
Publisher: San Francisco, Calif. : The History Company, publishers
Number of Pages: 816

USA > California > History of California, Volume XXII > Part 71

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

664

LOCAL ANNALS OF THE NORTH.

plemented by foreign marauders from ship and army, three of whom were hanged for highway robbery at the end of 1848. A junta, or council of twelve mem- bers, subsequently reduced to six, there being no end of controversy respecting their election or appoint- ment, shared the alcalde's tasks in 1847-8. The at- tention of the council seems to have been chiefly directed to the town streets, squares, and lots, several surveys being made during this period; but their greatest achievement was perhaps the distribution of the outside pueblo lands in 500-acre tracts among resident heads of families, an action that in later

bery and attempted murder, were convicted by a jury, and hanged on Dec. 18th. Id., 340, 34; S. J. Ar.h., MS., loose pap., 8-9, 55.

Junta or council. In Dec. 1846 Alcalde Burton appointed a committee, or council, of 12 citizens to aid in managing the pueblo affairs. The men se- leeted were Antonio Sunol, Dolores Pacheco, José Fernandez, Jose Noriega, Felix Buelna, Salvador Castro, Wm Fisher, Isaac Branham, Greve C. Cook, Charles White, Julian Hanlis, and J. W. Weeks. Hall's Hist., 174-5. In Feb. 1847 this committee was ratified by a meeting of the people, and the committee was named a junta. May 1st, ten of the above, all except Castro and Cook, represent to Kearny that they had been so chosen, complaining that K. had decided a case on hearsay evidence, ignoring the alcalde and munta. Hist. Doc., MS., 117-1S. July 3d, Weeks and others object to the election as illegal, and propose that the gov. appoint 3 Californians and 3 Americans, recommending Pacheco, Noriega, Castro, Fisher, Hanks, and Thomas Campbell. Id., 130. It appears that a new election of 6 councilmen was ordered, and that two elections were held, the gov. in Nov. deciding that only the Ist was valid, but if any members elect were not actual residents their places must be supplied by a new election. Cal. & N. Mex. 1850, p. 417. On Nov. 15th Noriega, Castro, Campbell, James F. Reed, Robert B. Neleigh, and John Murphy were elected. Next day Charles White and 6 others protested against Reed and Murphy as non-resident gamblers chosen by a small vote. Reed is also accused of having killed a man (the Donner- party affair?). They also declare Weeks an unfit man for alcalde, and will present charges if necessary. The gov. then appointed J. S. Ruckel, Weeks, and a third to be selected by them, to investigate the election and decide the matter equitably. I do not find their definite report; but Ruckel reported privately in favor of a new alcalde and an appointed council. Id., 431-2; Unb. Doc., MS., 120-1, 132-3. Fisher, Castro, White, Noriega, Sunol, and Pa- checo are spoken of as 'a majority of the late junta ' meeting on Dec. 31st. Id., 45-6.

Pueblo lands. Feb. 11, 1847. Alcalde Bartlett of S. F. advises Burton to sell lots at the regular prices, 25 cents per front vara. There are complaints of his charging $100 for a 100-vara lot. S. J. Arch., MS., ii. 34. One of the first acts of the junta, probably in Feb., was to order a survey of the town into blocks, streets, and squares, 50-vara lots to be sold for $12.50 and fees, and no person to buy more than 4 lots, or half a block. In May the survey was made by Wm and Thomas Campbell. The alcalde's grants of these town lots were finally sustained, even against earlier titles claimed by Weber and Pico. In June the junta, their action being ratified by the alcalde and peo- ple, decided to have the outside pueblo lands surveyed into tracts of 2,000

-------

665

SANTA CLARA.

years was annulled by the courts. Town lots at San Jose, as at San Francisco, were sold by the alcaldes at 25 cents per front vara. Of the few land grants made in 1846 only one, with a few mission lots, was subsequently confirmed by the land commis- sion. Santa Clara, under the care of Padre José María Real as parish priest, has been included, so far as events are concerned, with the town, having been, indeed, more prominent than the latter in the semi-

varas square, or 500 acres-or less if the land were not enough for all-one of which should be reserved for a school, and the rest should be distributed. one to each, among the actual citizens who were heads of families, the rest being reserved for distribution to later citizens, and each tract paying an annual tax of $3. The survey was made by J. D. Hutton in July-Aug., and the tracts were distributed by drawing lots, the alcalde issuing titles which were in later years not sustained by the courts. Hall's Hist. S. J., 176-82. In 1848 a new survey was made by C. S. Lyman, U. S. surveyor, the streets and squares being much extended. Id., 182-4. See Alta, Dec. 15, 1869, for a decision of U. S. Circuit Court in one of the '500-acre ' cases. In Jan. 1848 the alcalde complained that Hutton had defrauded the citizens by certi- fying tracts of 200 to 380 acres to contain 500. He should be prosecuted for obtaining money under false pretences. Unb. Doc., MS., 45-6. March 10th, gov. decides that alcaldes have no right to dispose of pueblo lands. S. J. Arch., MS., loose pap., 14.

Ranchos granted in 1846. *Calaveras, 8 leagues, Francisco Pico, who was elaimant. Huecos, 9 1., Luis Arenas and John Roland, R. claimant. * New Almaden mine, Andrés Castillero, who was claimant. * S. José mission es- tate, Andrés Pico and J. B. Alvarado, who were el. * Sta Clara, embarca- dero, 1,000 varas, Basilia Bernal, who was el. Mission lands, Juan C. Ga- lindo, *Antonio M. Osio, Francisco Arce, *José Arnaz; * orchard to Castañeda, Arenas, and Diaz-Larkin cl. June 3, 1847, gov. to Gabriel Alviso, declar- ing his lack of authority to grant lands. Cal. & N. Mex. 1850, p. 318-19. Aug. 24th, alcalde directed not to interfere in the land quarrel of Forbes and Cook. Id., 389. Nov. 24th, gov. cannot settle disputes on land boundaries in the contra costa. Id., 435. March-Apr. 1848, the gov. decides that Iñigo has no claim to certain lands as against Castro. Idd., 498-9, 542-3.

Sta Clara mission. Padre José M. Real continued in charge as curate and temporal manager of Sta Clara, and also of mission S. José. 1846. May 25th and June 10th, P. Real authorized by govt to sell mission lands to pay debts and support himself and the church. Unb. Doc., MS., 269-70. June 30th, sale of the orchard and buildings pertaining to it for $1,200 to Juan Castañeda, Luis Arenas, and Benito Diaz; deed in Hartman's Brief, 116-18. This deed was later proved to have been fraudulently antedated. Hoffman's Opin., 15. 1847. Diaz was negotiating with Larkin for the sale of the Sta Clara orchard, and on Feb. 14th wrote to the padre to say, in Larkin's name, that the only obstacle was the Indian title, and to ask if for a fair compensa- tion to the Ind. he could remove that obstacle. On its face there was notli- ing dishonorable or irregular in this proposition; but Real chose to consider himself iusulted by a request to commit the 'bajeza de vender los intereses de unos inocentes,' and wrote a sharp letter to Larkin on the 19th. Original in Savage, Doc., MIS., ii. 57-8; copy in Larkin's Doc., v. 20. The padre also went so far as to publish the two letters in the Star of March 20th. In reply, Larkin published his reply to Real of Feb. 24th in the Star of April 10th. In this reply he had denied having authorized Diaz to write such a letter, or

666

LOCAL ANNALS OF THE NORTH.

military developments connected with the change of government in 1846-7. The mission orchard was claimed to have been sold for $1,200 in May 1846, but the purchasers did not get possession, and their title was afterwards declared invalid. There was also inuch controversy between the priest and the immi-

known its purport, expressed indignation at Real's insulting tone, and re- minded him that in 1846 he was very willing to deliver the property to an- other party, notwithstanding the rights of his innocents. In a letter to Forbes of Mar. 4th, Larkin's Off. Corresp., MS., i. 114, L. speaks of the same matter, and of Real's disposition to exceed his powers as a kind of sub-Indian agent. Kearny's order that the property remain in care of the priest was dated March 22d. In the Star of April 27th, Diaz published an explanation. May Ist, Alcalde Burton gives notice to all persons to quit the mission, unless allowed by the padre to remain. S. J. Arch., MS., loose pap., 30. June 14th, Real to gov., sends a list of effects lost by the forcible occupation of the two missions by immigrants and troops, amounting to $4,007, besides damages to buildings, gardens, etc., not less than $15,575. Unb. Doc., MS., 254-7. June 24th, gov. orders all occupants to vacate the buildings at Sta Clara and S. José immediately, the alcalde being directed to enforce the order, Cal. & N. Mex. 1850, p. 334. July 10th, gov. to Capt. Naglee, ordering him to go to the mission with his company and eject the immigrants, using force if they would not yield to persuasive means. Id., 340-1. But next day, at a per- sonal interview between Real and Gov. Mason, the former consented to per- mit the immigrants to remain until after harvest, and later, by making a special arrangement with the priest and paying rent for the benefit of the church. Therefore, Naglee was ordered simply to take a position in the val- ley, and hold himself in readiness to sustain the civil authorities. Id., 334-5, 343-3. Oct. 14th, Real to gov., protesting against the fraudulent disposal of the orchards. Larkin, on Sept. 16th, had furnished an expediente of 16 doc. showing his title. Unb. Doc., MS., 275, 277. Possession was not given, and, as I have said, the title was not finally confirmed. In the Star of Oct .- Dec. was advertised for sale a tannery at Sta Clara, as part of the property of the late Mormon concern of Brannan & Co. Nov., etc., corresp. on the sales of missiou lands by Real, which were annulled by the gov. This vol., p. 364; Halleck's Rept. 129, 168; Cat. & N. Mex. 1850, p. 429-30, 448, 452-3. In Nov., Real claimed some special privileges as a priest in personal litigation, not regarding the alcalde a ' competent judge ' in his case; but the gov. refused to take such a view of the matter. Id., 435.

S. José mission. This establishment, with Sta Clara, was under the care of Padre Real as parish priest; and most of the corresp. given above may be applied to this mission also. Of local events, nothing whatever appears in the records. May 5, 1846, the mission estate was sold, as was claimed later, to Andrés Pico and J. B. Alvarado, for $12,000. Deed in Hartman's Brief, 107-10. But the purchasers were not put in possession, and it was later de- cided, as in the case of Sta Clara, that the deed was fraudulently antedated. March 20, 1847, Col. Mason reported to Kearny having visited the mission and found the immigrants in possession, they having broken open the doors and done much damage. Unb. Doc., MS., 146. Larkin had also acquired a title to the orchard of this establishment, and on Apr. 4, 1848, complained that the property was neglected, demanding possession, or that Real be re- quired to give security for its preservation. Id., 276. But his request was not heeded, and his title was later pronounced invalid. In May 1847 he seems to have rented the property to James F. Reed, but the bargain prob- ably had no effect. Larkin's Doc., MS., v. 130.

--- --

667

SONOMA HISTORY.

grants who had taken possession of the mission build- ings; but the intruders yielded to the governor's threat of ejeeting them by force, and finally came to terms with the padre. There was also a pretended sale of San José mission, which did not go into effect. Padre Real had charge of this establishment as well as that of Santa Clara.

The great event of Sonoma annals for the period was the seizure of the place on June 14, 1846, by the American filibusters, whose operations under the Bear flag have been fully narrated. Other occurrences are somewhat dwarfed by the glory of this great outburst of patriotic folly; and from the downfall of Mexican power on the frontier to the gold fever of 1848, there was hardly a ripple of excitement in the little town; Grigsby, Revere, and Brackett were the successive military commandants; and the savages were for the most part easily controlled by the efforts of Vallejo as sub-agent of Indian affairs. The town had about 260 inhabitants in 1848.3 Municipal affairs were directed

3 Sonoma and northern frontier events. 1846. Jan., quarrel about the alcaldeship, to be noted later in this note. May, Prudon chosen delegate to the Sta B. consejo. This vol., p. 45. June, Castro's visit. Id., 51, 103-6. June 14th, capture of Sonoma by Bear-flag men, and subsequent happenings. Id., 109-21, 145-68. June-July, Fremont's campaign. Id., 169-90. July 9th, raising of U. S. flag. Id., 242-3. Lieut Revere put in command. Id., 254. Occurrences from Aug. Id., 296-8. 1847. Feb., publie meeting on the governor's council; call for a military force. Id., 433; Unb. Doc., MS., 140. April, three stores, town growing fast. S. F. Calif., May 29th. Co. C, N. Y. vol., Capt Brackett, stationed here. This vol., p. 514. April, et seq., trou- bles with Alcalde Nash. Id., 608-10. Aug., trial of Armijo et al. for out- rages on Ind. Id., 610. Nov., visit of the Ist steamer, Sitka, at the landing. Id., 578. Andrew Hoeppner's medical springs near Sonoma advertised in S. F. papers from May. A visit, view of Vallejo's house and the church. Ward's Diary. Sketch of the town in '47. Napa Register, Jan. 4, 6, 1877. In the S. José Pioneer of Sept. 15, 1847, is an account of a theatrical performance, claimed to be the first in Cal., in 1847, by members of the garrison and others. 1848. Jan., 45 houses and about 260 inhabitants. Star, Jan. Sth. Corre- spondence of the Californian of March 22d, on the notable improvement of the town. May, decision to remove garrison, and consequent fears of the people. Cal. & N. Mex. 1850, p. 556-S. June, Brackett's co. reduced by desertion. This vol., p. 516. Aug., Frisbie's Co. H takes the place of Co. C, and all mustered out. Id., 515.

Indian affairs. 1846. During the exciting times of the Bear revolt and U. S. occupation nothing is heard of the hostile Indians; but iu 1847 troubles recommenced, though not reaching very serious proportions. April, M. G.

GGS

LOCAL ANNALS OF THE NORTH

under Mexican rule by José de los Santos Berreyesa as juez de paz, after a torrent of ink had been shed in controversy about the office; then after an inter- regnum of military rule, and perhaps a short rule of Manuel McIntosh, the famous John H. Nash became alcalde, ceding the place, not without a strug- gle, in 1847 to Lilburn W. Boggs, who was aided by a council of six citizens, and continued to preside over

Vallejo appointed Iud. agent for the district. This vol., p. 568. May, skir- misli between Fernando Félix and party and Ind .; one white man killed; in- vestigation by Vallejo. Savage, Doc., MS., iii. 28-31. May 26th, V. to gov., the Yucaya chief sent in a party with articles taken in war, promising to use his influence for peace, The Ind. armed to resist outrages, which must be stopped. Unb. Doc., MIS., 314-15. July, Brackett to gov. announces that the Ind. have been stealing Salv. Vallejo's stock. Id., 301-2. Investigation of the matter. Savage, Doc., MS., iii. 32-5. Aug., gov. to Vallejo, approving his policy; cannot increase the garrison. Cal. & N. Mex. 1850, p. 380-1. 1848. Apr., V. asks to be relieved; white settlers should not be permitted to settle on lands of the gentiles until some arrangement has been effected. Vallejo, Doc., MIS., xii. 342. May, threatened hostilities in consequence of removal of Brackett's company. The gov. had not much faith in the danger, declared it impracticable to retain the garrison; the people must delend themselves, and V. must use his influence; intruders must be removed. In an emergency, aid will be sent from S. F., also ammunition. But the garri- son was finally retained till Aug. Id., xii. 346; Cal. & N. Mex. 1850, p. 556-8, 613-14. New depredations in the Clear Lake region in Dec. Id., 682. Kelsey and Stone had settled near the lake and were grossly ill-treating the latives, who took a bloody vengeance in 1849.

Municipal official list. 1846. Jueces de paz, appointed by prefect in Dec., and approved by gov. Jan. 22d, José de los Santos Berreyesa and Joa- quin Carrillo; suplentes, Damaso A. Rodriguez and Antonio Valle. The pre- ceding juez, Josć de la Rosa, had a quarrel with Berreyesa, and found in his actions some pretext for refusing to turn over the office until Jan. 9th, when he put B. under arrest and swore in Rodriguez the suplente as juez 1º, and Carrillo next day as juez 2°. There was no end of corresp. and charges, but the details are not worth presenting. Berreyesa took possession on March 5th, and Rosa was fined $50, trying to avoid payment on the ground that he was an employee of the com. general. Original corresp. in Doc. Ilist. Cal., MS., iii. 12, 14, 17-18, 20, 25-9, 30-1, 34-6, 41-5, 127, 129, 139-40. By the Bear-flag men in June there was a pretence of keeping Berreyesa in office for a short time; but for several months under the insurgents and the U. S. there was only military rule. It vaguely appears that Manuel McIntosh acted as alcalde in the autumn for a while; but later, at a date which I have been un- able to find, John H. Nash was elected by the citizens. 1847. Nash alcalde until April. For an account of Nash's refusal to give up the office, see this vol., p. 608-10. L. W. Boggs was appointed by Kearny to succeed Nash on April 10th, taking possession of the office in June. June 14th, James F. Reed was appointed sheriff. Oet. 28th, Andrew Hoeppner appointed 2d al- calde. Dec. 3d, election of a town council, consisting of Quin Fine, Jolin G. Ray, Johu Lewis (or Davis), L. P. Leese, Jesse Beasly, and H. A. Green. Unb. Doc., MS., 122; 8. F. Calif., Dec. 15th. May, alcalde asks gov. for information about the extent of his jurisdiction; whether, as Vallejo says, it extends to the Sac., Bodega, S. Rafael, and Napa. There is no jail, and the troops are tired of guarding prisoners. Unb. Doc., 110-11. Trial of Armijo et al. See this vol., p. 610. Dee., gov. to alcalde, on powers of the council,

-------- -- -

- ---------

---- ------

669

SONOMA AND SAN RAFAEL.

local government in 1848. Only three or four ranchos were granted on the northern frontier in 1846. In the disposal of town lots, Vallejo's past acts as direc- tor of colonization were recognized temporarily by the military authorities; and the sale of lots by the alcaldes continued here as elsewhere. The only reference to ex-mission affairs was in connection with a citizen's claim under General Castro's grant for one of the buildings, which was sustained against the alcalde's decision. San Rafael in 1846-8 was under the rule of Ignacio Pacheco as juez de paz, and later of Tim- othy Murphy as alcalde, the latter being still in charge

referring him to instructions for the council of S. F., as printed in the Star and Californian in Oct. Cal. & N. Mex. 1850, p. 446. 1848. Boggs con- tinucd to serve as alcalde.

Lands. The ranchos granted in 1846 were Chimiles, Napa, 4 1., to José Ign. Berreyesa, Gordon and Coombs cl .; German, 5 l., to Ernest Rufus, C. Mayer cl .; Rincon de Musulacon, 2 1., to Francisco Berreyesa, J. Horrel et al. cl .; and *Yucny, Lake, S 1., to J. J. Berreyesa, who was cl. April, Va- llejo presents to gov, his authority, under Figueroa's orders of 1835, for hav- ing granted lands on the northern frontier and town lots at Sonoma, anthority which he had exercised down to Feb., but which he now surrenders. l'allejo, Doe., MS., xii. 284-5; St. Pap., Miss. & Colon., MS., ii. 403-6. The gov. in reply assured V. that he had no doubt that his acts wouldI be recognized by the U. S. govt. Cal. & N. Mex. 1850, p. 292-4. May, the alcalde thinks the old powers should be restored to Vallejo. Unb. Doc., MS., 113. June 7th, gov. to alcalde, authorizes him to carry out so much of V.'s former in- structions as applied to the sale of town lots; and the sales by Nash must be considered valid. Cal. & N. Mex. 1850, p. 321. Lots were sold by the al- caldes here as elsewhere, and the titles were sustained in later years. Some of the charges against Nash, as against Hyde at S. F., were to the effect that he had sold lots improperly, and tampered with the map and records. Sny- der and Murphy, as we have seen, were commissioned to investigate these charges. May 17, 1848, gov. to alcalde, denying the right of the council, or any other authority, to dispute a title given by Vallejo to Jnan Castañeda before the U. S. flag was raised. Id., 551.

Mission. In June 1846 Gen. Castro gave Victor Prudon one of the ex-mis- siou buildings in payment of amounts due him from the govt. In March 1847 Alcalde Nash decided against Prndon in favor of the church, with $420 damages; but Gov. Mason overruled this, and ordered that P. be left in pos- session. In the litigation of later years, however, the title of the church was confirmed. In Sept. 1847 the gov. ordered Capt. Brackett to secure all records pertaining to the mission, and send them to Monterey. Vallejo, Corresp., MS., 12; Cal. & N. Mex. 1850, p. 293-4, 396; Unb. Doe., MS., 258.

San Rafael. 1846. Jueces de paz, Ignacio Pacheco and Gregorio Briones, appointed by the prefect and approved by gov. From the military occupa- tion in June to the end of 1847 I find no definite record of any civil authori- ties, though I think that Pacheco and perhaps Murphy may have served as alcaldes. June Ist, Gen. Castro to Col Vallejo, orders a distribution of all remaining mission property to the Ind., reserving only a few horses for the national defence. Vallejo, Doc., MS., xii. 218. A few days later Castro visited S. Rafael to get the horses, which, being sent under care of Francisco

670

LOCAL ANNALS OF THE NORTH.

of the ex-mission property. The estate was perhaps sold in June 1846 to Suñol and Pico for $8,000, but the purchasers failed to secure possession. Two other ranchos in Marin County were granted this year. The only stirring local events were in connection with the Bear revolt, or the operations of Torre, Ford, and Fremont, including the fight at Olompali, the blood- less capture of the mission, and the murder of the Haro brothers. Bodega, though honored by a formal raising of the stars and stripes in July 1846, and the appointment of a civil magistrate, had no history dur- ing this period, except as a rancho and the site of a prosperous saw-mill. Napa in 1848 was surveyed as a town site, had one or two buildings, and was hon- ored in the San Francisco press with the title of Napa City. Benicia had also its beginning and a much Arce, served as a pretext to the Bears for opening hostilities. This vol., p. 103 et seq. It was at the same date, June Sth, that the ex-mission estate, as was claimed, was sold by Gov. Pico to Antonio Sunol and Antonio M. Pico for $8,000. Decd in Hartman's Brief, 113-16. The purchasers did not obtain possession, and their title was later decided to be invalid, E. A. Breed et al being the claimants. Other ranchos granted in 1846 were Baulines, 2 leagues, Gregorio Briones, to whom the grant was confirmed; and *Buacocha, 2} 1., M. Teodora Peralta, who was claimant, rejected. June-July, fight at Olompali, Fremont's campaign, Torre's operations, murder of the Haros and Berreyesa. This vol., p. 164-77. 1847. April, Kearny to Murphy, asking for an inven- tory of mission property in his charge, also information about a debt to Hart- nell. Cal. & N. Mex. 1850, p. 297-8, 302-3. Sept., Capt. Folsom ordered to obtain the mission records and send them to the governor's office for safe- keeping. Id., 397. 1848. Tim. Murphy, alcalde. Feb., inquiries ordered by gov. about mission property that may be taken for use of the Indians. Id., 472

Bodega. This place had no beginning as a town in 1846-8; but the U. S. flag was raised here in July. This vol., p. 232; and Stephen Smith was ap- pointed civil magistrate for the region. Monterey Calif., Sept. 5th. Subse- quently Bodega was subject to the jurisdiction of the Sonoma alcalde in 1847 -S. For nearly a year the operations of Smith's saw-mill were suspended dur- ing the war by the flight of Indian laborers and the seizure of horses by the Americans; but in 1847-8, on account of the active demand for lumber at S. F., the industry became very profitable.

Napa. According to the Napa and Lake Co. Hist., 232 et seq., the town site of Napa was surveyed by Nathan Coombs early in 1848, the adobe rancho houses of Juarez and Higuera being the only buildings standing in the vicin- ity. The first building was a saloon, built by Harrison Pierce-still standing in 1SS1-in May, completed in time to be deserted for the mines on the out- break of the gold fever, but occupied by Pierce in the autumn, Yet it is to be noted that Wm F. Swasey and Chas C. Southward advertised in the Star of April-June a store at Napa City. In Aug. the election of a subordinate alcalde was ordered. Cal. & N. Mex. 1850, p. 595.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

History of California, Volume XXII, Part 71

Author: Bancroft, Hubert Howe Publication date: 1885-1890 Publisher: San Francisco, Calif. : The History Company, publishers Number of Pages: 816

Author: Bancroft, Hubert Howe
Publication date: 1885-1890
Publisher: San Francisco, Calif. : The History Company, publishers
Number of Pages: 816