USA > California > Contra Costa County > History of Contra Costa County, California, including its geography, geology, topography, climatography and description; together with a record of the Mexican grants also, incidents of pioneer life; and biographical sketches of early and prominent settlers and representative men > Part 24
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W. B. Dickenson, Yuba, James Queen, South Fork,
W. L. Jenkin, Weaverville.
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, Yuba,
James Queen, South Fork,
Arba K. Berry, Weaverville.
The popular voice also made San José the capital ; but let us here de- scribe the interesting preliminaries attending this consummation.
SAN JOSE MADE THE STATE CAPITAL .- During the session of the Conven- tion the residents of San José, in public meeting assembled, elected a com- mittee to proceed 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, how- ever, 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 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 Market Square, San José, a large adobe structure, erected in the year 1849 by Sain- sevain 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 purposed 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 them- selves unwilling to take the pueblo authorities as security, who were conse- quently 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 pristine 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 dollars,
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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 building 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 indebtedness re- maining being, subsequently, the cause of vexatious and protracted litigation.
On Saturday, December 15, 1849, the first State Legislature of Cali- fornia 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 Gov- ernor Riley and his Secretary, H. W. Halleck, arrived, and on Monday nearly all members were in their places.
MEMBERS OF FIRST CALIFORNIA LEGISLATURE .- We will now introduce to our readers a number of those of California's first Legis- lators-an interesting record of by-gone times :-
SENATORS :
David F. Douglass-Born in Sumner county, Tennessee, the 8th of Jan- uary, 1821. Went to Arkansas with Fulton in 1836. On the 17th of March, 1839, had a fight with Dr. Wm. Howell, in which Howell was killed ; imprisoned fourteen months ; returned home in 1842 ; emigrated to Mis- sissippi ; engaged in the Choctaw speculation ; moved with the Choctaws west as a clerk; left there for Texas in the Winter of 1845-6. War broke out ; joined Hayes' regiment; from Mexico immigrated to California, and arrived here as a wagoner in December, 1848.
M. G. Vallejo-Born in Monterey, Upper California, July 7, 1807. On the 1st of January, 1825, he commenced his military career in the capacity of 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 Sonoma, giving land for the same. He was a member of the Convention in 1849 and Senator in 1850.
Elcan Haydenfeldt-Born in Charleston, South Carolina, September 15, 1821 ; immigrated 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, Novem- ber 19, 1819. At the age of nineteen he entered the public service. He was appointed Administrator-General "de la rentas," which position he held
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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 district of Santa Barbara and San Luis Obispo in the Senate.
S. E. Woodworth-Born in the city of New York November 15, 1815. Commenced career as a sailor A. D. 1832. Sailed from New York March 9, 1834. Entered the navy of the United States June 14, 1838. Immi- grated to California, via Rocky Mountains and Oregon, April 1, 1846. Res- ignation accepted by Navy Department October 29, 1849. Elected to represent the district of Monterey in the first Senate of the first Legisla- ture of California, for the term of two years.
Thomas L. Vermeule-Born in New Jersey on the 11th of June, 1814. Immigrated to California November 12, 1846. Did represent San Joaquin district in the Senate. Resigned.
W. D. Fair-Senator from the San Joaquin District, California. Native of Virginia. Immigrated to California from Mississippi in February, 1849, as " President of the Mississippi Rangers." Settled in Stockton, San Joa- quin district, as an attorney-at-law.
Elisha O. Crosby-Senator from Sacramento district. Native of New York State. Immigrated 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 district of San Diego. Born in Litchfield county, Connecticut, April 24, 1805. Emigrated from Connecticut to Onondago 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 Boundary 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. Immigrated 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. Immigrated 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 en- tered said port.
Benjamin S. Lippencott-Senator from San Joaquin. Born in New York. Emigrated February, 1846, from New Jersey. By pursuit a mer- chant. Elected for two years.
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ASSEMBLYMEN :
Elam Brown-Born in the State of New York in 1797. Immigrated 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. Immigrated to New Orleans, 1845, and from there to California December 18, 1848.
E. B. Bateman, M. D .- Immigrated from Missouri, April, 1847. Resi- dence, Stockton, Alta California.
Edmund Randolph-Born in Richmond, Virginia. Immigrated to New Orleans, 1843; thence to California, 1849. Residence, San Francisco.
E. P. Baldwin-Born in Alabama. Immigrated from thence in January, 1849. Arrived in California May 1, 1850. Represents San Joaquin dis- trict. Resides in Sonora, Tuolumne county.
A. P. Crittenden-Born in Lexington, Kentucky. Educated in Ohio, Alabama, 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 21st of May, 1849, when he left for California. Citizen and resident of San Francisco, which district he represents.
James A. Gray-Philadelphia. Monterey, California. Immigrated in 1846, in the First New York Regiment of Volunteers.
Joseph Aram-Native of the State of New York. Immigrated to Cali- fornia, 1846. Present residence, San José, Santa Clara county.
Joseph C. Morehead-Born in Kentucky. Immigrated to California in 1846. Resides at present in the county of Calaveras, San Joaquin district.
Benjamin Cory, M. D .- Born November 12, 1822. Immigrated to the Golden State in 1847. Residence in the valley of San Jose.
Thomas J. Henley-Born in Indiana. Family now resides in Charles- town, in that State. Immigrated to California in 1849, through the South Pass. Residence at Sacramento.
José M. Covarrubias-Native of France. Came to California in 1834 Residence in Santa Barbara, and representative for that district.
Elisha W. Mckinstry-Born in Detroit, Michigan. Immigrated to Cali- fornia in March, 1849. Residence in Sacramento district, city of Sutter.
George B. Tingley-Born August 15, 1815, Clermont county, Ohio. Immigrated to Rushville, Indiana, November, 4, 1834. Started to Califor- nia April 4, 1849. Reached there October 16th. Was elected to the As- sembly, November 13th, from Sacramento district, and is now in Pueblo de San José.
John S. Bradford represented the district of Sonoma.
At the start considerable dissatisfaction was felt in respect to the ac- commodation offered by the State House, and only four days after its first
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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 gubernatorial functions to Governor Peter H. Burnett on the 20th of De- cember, 1849; on the same date Secretary 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 Jose 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 desired to name Eureka, but. which his colleagues in the Legisla- ture, out of compliment to himself, suggested should be named Vallejo. To this end the General addressed a memorial to the Senate, dated April 3, 1850, wherein he graphically pointed out the advantages possessed by the pro- posed 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 a Deaf and Dumb Asylum ; eight acres for four com- mon 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 acceptance of these propositions the gigantic sum of $370,000, to be apportioned in the following manner: For the building of a State Capitol, $125,000 ; for furnishing the same, $10,000; for building of the Governor's house, $10,000 ; for furnishing the same, $5,000 ; for the building of State Library and Translator's Office, $5,000; for a State Library, $5,000; for the building of the offices of the Secretary of State, Comptroller, Attor- ney-General, Surveyor-General, and Treasurer, should the Commissioners
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deem it proper to separate them from the State-house, $20,000; for the building of an Orphan Asylum, $20,000; for the building of a Female Charity Hospital, $20,000; for the building of a Male Charity Hospital, $20,000; for the building of an Asylum for the Blind, $20,000; for the building of a Deaf and Dumb Asylum, $20,000 ; for the building of a State University, $20,000 ; for University Library, $5,000 ; for scientific apparatus therefor, $5,000 ; for chemical laboratory therefor, $3,000 ; for a mineral cabinet therefor, $3,000 ; for the building of four common school edifices, $10,000 ; for purchasing books for same, $1,000; for the building of a Lunatic Asylum, $20,000; for a State Penitentiary, $20,000 ; for a State Botanical Collection, $3,000.
In his memorial the General states with much perspicacity his reasons for claiming the proud position for the place suggested as the proper site for the State Capital. Mark the singleness 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 Cali- fornia required him to say thus much in addition-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 Fran- cisco 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 memo- rialist proposes 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, fringing 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 inter- course of mankind, to measure miles by the rod is a piece of vandalism of a by-gone age; and that point which can be approached from all parts of the
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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 government 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 railroad 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 coveting 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, composed of members who possessed a local knowledge of the country com- prised in the above-quoted document, both geographical and topographical, was directed to report, for the information of the President, upon the advan- tages claimed for the location of the Capital at the spot suggested, in prefer- ence 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 propositions 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 secre- tary, 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 committee
-
Г. Аввой
-9.
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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 Legis- lature 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 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 unan- imity 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 Senate, 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 morrow may bring forth " more fully brought to bear on any consideration. Senator Anderson, it is said, passed a sleep- less 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 2 P. M. on January 12, 1852, the Government and Legislature were finding its 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 government met again at Vallejo, whither had been moved in May the archives and 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 Capital 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 there- after clinched by large appropriations for building the present magnificent capitol there.
The capital being removed from San José, the Town Council sold the State-house for thirty-eight thousand dollars, which sum it was intended should be applied to the liquidation of the note mentioned above. The money, it would appear, was not so applied, therefore legal proceedings were instituted by the gentlemen holding the premises in trust for the purchasers, or their representatives, against the city, to obtain the foreclosure of a mort- gage executed to them by the civic authorities in 1850 to secure the pur- chase of the property. A decree of foreclosure was obtained, the pueblo lands brought to the hammer, and bought in by the trustees of the plain- tiffs, who had organized themselves into a land company, and claimed title
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to all the pueblo lands, a claim which was resisted to the bitter end by the pueblo authorities.
The question of the legality of the removal was brought up in 1854 be- before the Supreme Court, when a majority of the Justices, Heydenfeldt and Wells, held that according to law San José was the capital of the State, who thereupon made the following order, March 27th :
" It is ordered that the Sheriff of Santa Clara county procure in the town of San Jose, and properly arrange and furnish a Court-room, clerk's office, and consultation room, for the use of the Court. It is further ordered that the clerk of this Court forthwith remove the records of the Court to the town of San Jose. It is further ordered that the Court will meet to deliver opinions at San José on the first Monday in April, and on that day will appoint some future day of the term for the argument of cases.
" HEYDENFELDT, J.
"Attest : D. K. WOODSIDE, Clerk." " WELLS, J.
A writ of mandamus on the strength of the above was issued from the Third District Court against all the State officers, commanding that they should remove their offices to San José, or show cause why they should not do so. The argument was heard and the theory maintained that San José was the proper capital of the State, whereupon an appeal was carried to the Supreme Court. In the interim Justice Wells had died, his place being filled by Justice Bryant. On the appeal the Supreme Court decided that San José was not the State capital, from which decision Justice Heyden- feldt dissented.
RECORDS OF COURT OF SESSIONS, AND BOARD OF SUPERVISORS .- The first record we have been able to find of the transactions of the Court of Sessions was the partitioning of the county on April 17, 1850, into the three townships of New York, Martinez and San Antonio. On April 20th an election was ordered to be held for two Justices of the Peace and one Constable for each township, the inspectors appointed being J. Wood- bury at the precinct of New York; Wesley Bradley at Martinez; and J. S. Ridgely at San Antonio, those elected being desired to attend at the office of the County Clerk on the Monday after the election, to enter into bonds and take oath of office. On April 30th, an election was ordered to be held for the office of County Judge of Solano county, the position be- ing rendered vacant by the failure of James Craig to qualify for the office, a move undertaken by Judge F. M. Warmcastle of Contra Costa, in accord- ance with law. May 13th the Court of Sessions convened by order of the County Judge at the Court-house in Martinez, when there were present F. M. Warmcastle, Judge; Absolom Peak and Edward G. Guest, Associate Justices ; Thomas A. Brown, County Clerk ; and Nathaniel Jones, Sheriff. It was then ordered that there be assessed and collected for ordinary county
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