USA > California > Marin County > History of Marin County, California also an historical sketch of the state of California > Part 22
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HISTORY OF MARIN COUNTY, CALIFORNIA.
the grant, it is but reasonable to suppose that evidence would have been offered to show that the signatures affixed to the title of the grantee were forgeries. The illiterate character of the witness himself repels the idea that he could have forged the document, and no other person concerned in such a fraud would have trusted the proof of its genuineness to the vague and unsatisfactory testimony of such a witness. But the strongest testimony in confirmation of the claim is found in the facts that the expediente is found in and duly produced from the archives, and that the grantee has occupied and cultivated his land from the time of his grant until the time he sold it to the various claimants now before this Court. The conditions of the grant having thus been complied with, and the grant itself appearing to be genuine, there is no obstacle to the confirmation of the present claim, or to so much thereof as may be included within the limits of the original grant.
THE UNITED STATES, Appellants, vs. ANTONIO MARIA OSIO, claiming Angel Island. The claim in this case is founded on a grant made by Gov- ernor Alvarado on June 11, 1839. The expediente is produced from the archives, and the genuineness of the original grant fully established. The island which is the subject of the grant appears to have been used almost immediately after the grant by the claimant for the raising of cattle, horses, etc., a considerable number of which he placed upon it. He also built upon it a small house, which was occupied by his mayor domo. The claimant, although he did not personally reside upon the island, frequently visited it; and on one occasion remained upon it three months, superintending, among other things, the erection of a dam to form a reservoir for the use of his cattle. His title to the land seems to have been generally. known and recog- nized, and the cattle upon it was marked with his brand. He afterwards built three other houses and put a portion of the land under cultivation, and at the time of the war, his cattle were used to the number of five hundred. The only doubt which can be suggested with regard to the validity of the claimant's title is, whether the Governor had a right to grant islands upon or near the coast. But it appears that the grants of this and other islands were made by the express direction of the Superior Government of Mexico; and the Governor was enjoined to grant the islands to Mexicans in order to prevent their occupation by foreigners, who might injure the commerce and fisheries of the Republic, and who, especially the Russians, might otherwise acquire a permanent foothold upon them. We agree with the Board in the opinion that this express authority to make these grants removes all doubt on the subject. The Board have unaimously confirmed this claim, and we see no reason for reversing their decision. Their decree must therefore be affirmed.
Antonio Maria Osio, claimant for Island of Los Angeles, in San Francisco county, granted June 11, 1839, by Juan B. Alvarado to Antonio Maria Osio;
191
MEXICAN GRANTS.
claim filed February 2, 1852, confirmed by the Commission October 24, 1854, by the District Court, September 10, 1855, and decree reversed by the United States Supreme Court, and cause remanded, with directions to dis- miss the petition, 23 Howard ,273. . Vide App., page 3, Hoffman's Reports.
Bartolomi Bojorquez, claimant for Laguna de San Antonio, six square leagues in Marin county, granted November 5, 1845, by Pio Pico to B. Bojorquez; claim filed February 17, 1852, confirmed by the Commission October 12, 1853, by the District Court September 10, 1855, and appeal dismissed November 24, 1856; containing twenty-four thousand nine hun- dred and three and forty-two one-hundredths acres. Vide App., page 7, Hoffman's Reports.
Thomas B. Valentine, claimant for Arroyo de San Antonio, three square leagues in Marin county, granted October 8, 1844, by Manuel Micheltorena to Juan Miranda; claim filed February 17, 1852, and discontinued February 6, 1855. Vide App., page 7, Hoffman's Reports.
Assignee of Bezer Simmons, claimant for Novato, two square leagues in Marin county, granted April 16, 1839, by Juan B. Alvarado to Fernando Feliz; claim filed February 24, 1852, confirmed by the Commission Novem- ber 7, 1854, and appeal dismissed December 16, 1856; containing eight thousand eight hundred and seventy and sixty-two one-hundredths acres. Vide App., page 10, Hoffman's Reports.
Camilo Ynitia, claimant for Olompali, two square leagues in Marin county, granted October 22, 1843, by Manuel Micheltorena to C. Ynitia; claim filed February 26, 1852, confirmed by the Commission December 18, 1852, by the District Court February 23, 1857, and appeal dismissed July 31, 1857; con- taining eight thousand eight hundred and seventy-seven and forty-three one-hundredths acres. Vide App., page 10, Hoffman's Reports.
Timoteo. Murphy, claimant for San Pedro, Santa Margarita, and Las Gallinas, five square leagues, in Marin county, granted February 14, 1844, by Manuel Micheltorena to T. Murphy; claim filed February 26, 1852, con- firmed by the Commission December 22, 1852, and appeal dismissed Novem- ber 18, 1856; containing twenty-one thousand, six hundred and seventy- eight, and sixty-nine one-hundredths acres. Vide App., page 11, Hoffman's Reports.
Timothy Murphy, in behalf of the San Rafael tribe of Indians, claimant for Tinicasia, one square league, in Marin county, granted in 1841, by M. G. Vallejo to San Rafael tribe of Indians; claim filed February 28, 1852, rejected by the Commission November 21, 1854, and for failure of prosecu- tion appeal dismissed April 21, 1856. Vide App., page 12, Hoffman's Reports.
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HISTORY OF MARIN COUNTY, CALIFORNIA.
Domingo Sais, claimant for Cañada de Herrera, one-half square league, in Marin county, granted August 10, 1839, by Manuel Jemino to D. Sais; claim filed March 1, 1852, confirmed by the Commission October 21, 1853, by the District Court May 25, 1858, and appeal dismissed May 25, 1858, containing six thousand, six hundred and fifty-eight, and thirty-five one- hundredths acres. Vide App., page 12, Hoffman's Reports.
Guillermo Antonio Richardson, claimant for Saucelito, three square leagues in Marin county, granted February 11, 1835, by Juan B. Alvarado to José Antonio Galindo; claim filed March 16, 1852, confirmed by the Com- mission December 27, 1853, by the District Court February 11, 1856, and appeal dismissed September 2, 1857; containing nineteen thousand, five hundred and seventy-one, and ninety-two one hundredths acres. Vide App., page 15, Hoffman's Reports.
Timoteo Murphy, claimant for one hundred by thirty varas, in Marin county, granted December 16, 1844, by Manuel Micheltorena to T. Murphy, claim filed March 16, 1852, and rejected by the Commission August 22, 1854 and March 27, 1855. Vide App., page 15, Hoffman's Reports.
Rafael Garcia, claimant for Tomales and Baulinas, two square leagues, in Marin County, granted March 19, 1836, by Nicolas Guiterrez to Rafael Garcia; claim filed March 23, 1852, confirmed by the Commission November 22, 1853, and appeal dismissed October 19, 1858; containing eight thousand, eight hundred and sixty-three and twenty-five one-hundredths acres. Vide App., page 16, Hoffman's Reports.
Ygnacio Pacheco, claimant for San José, one and one-half square leagues, in Marin county, granted October 3, 1840, by Juan B. Alvarado to Y. Pacheco; claim filed April 23, 1852, confirmed by the Commission April 11, 1853, by the District Court March 24, 1857, and appeal dismissed July 31, 1857; containing six thousand, six hundred and fifty-nine, twenty-five one- hundredths acres. Patented. Vide App., page 28, Hoffman's Reports.
James D. Galbraith, claimant for Bolsa de Tomales, five square leagues, in Marin county, granted June 12, 1845, by Pio Pico to Juan N. Padilla; claim filed April 29, 1852, confirmed by the Commission April 11, 1854, by the District Court December 1, 1854, decree reversed by the United States Supreme Court and cause remanded in 22 Howard, 87. Confirmed by the District Court February 7, 1861. Vide App., page 29, Hoffman's Reports.
Juan Martin, claimant for Corte de Madera de Novato, two square leagues, in Marin county, granted October 16, 1839, by Juan B. Alvarado to J. Martin; claim filed May 8, 1852, confirmed by the Commission February 14, 1854, by the District Court October 29, 1855, and appeal dismissed Sep- tember 8, 1857; containing eight thousand, eight hundred and seventy-eight eighty-two one hundredths acres. Vide App., page 31, Hoffman's Reports.
,
William of Deksen
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MEXICAN GRANTS.
Joshua S. Brackett, claimant for Soulajulle, three square leagues, in Marin county, granted March 29, 1844, by Manuel Micheltorena to Ramon Mesa; claim filed May 20, 1852, rejected by the Commission April 17, 1855, con- firmed by the District Court March 3, 1856, and appeal dismissed August 7, 1857; containing two thousand, four hundred and ninety-two, nineteen one- hundredths acres. Vide App., page 33, Hoffman's Reports.
George N. Cornwell, claimant for Soulajulle, one and three-quarters square miles, in Marin county, granted March 29, 1844, by Manuel Micheltorena to Ramon Mesa; claim filed May 20, 1852, rejected by the Commission April 17, 1855, confirmed by the District Court February 23, 1857, and appeal dismissed August 7, 1857; containing nine hundred and nineteen, and eighteen one-hundredths acres. Vide App., page 33, Hoffman's Reports.
Pedro J. Vasquez, claimant for part of Soulajulle, square leagues, in Marin county, granted March 29, 1844, by Manuel Micheltorena to Ramon Mesa; claim filed May 27, 1852, rejected by the Commission April 17, 1855, confirmed by the District Court March 3, 1856, and appeal dismissed August 7, 1857; containing four thousand, four hundred and seventy.three, and seventy-one one-hundredths acres. Vide App., page 34, Hoffman's Reports.
Luis D. Watkins, claimant for part of Soulajulle, one and three-quarters square miles in Marin county, granted March 29, 1844, by Manuel Michel- torena to Ramon Mesa; claim filed May 27, 1852, rejected by the Commis- sion April 17, 1855, confirmed by the District Court March 3, 1856, and appeal dismissed August 7, 1857; containing nine hundred and nineteen and eighteen one-hundredths acres. Vide App., page 34, Hoffman's Reports.
Martin F. Gormley, claimant for part of Sonlajulle, one-half square league, in Marin county, granted March 29, 1844, by Manuel Micheltorena to Ramon Mesa; claim filed May 27, 1852, rejected by the Commission April 17, 1855, confirmed by the District Court March 3, 1856, and Appeal dismissed March 7, 1857; containing two thousand two hundred and sixty-six and twenty- five one-hundredths acres. Vide App., page 34, Hoffman's Reports.
William Reynolds and Daniel Frink, claimants for part of Nicasio, two and one-half square leagues, in Marin county, granted August 1, 1844, by Manuel Micheltorena, to Pablo de la Guerra and Juan Cooper; claim filed June 2, 1852. (See below). Vide App., page 36, Hoffman's Reports.
Henry W. Halleck and James Black, claimants for Nicasio, ten square leagues, in Marin county, granted August 18, 1844, by Manuel Micheltorena. to Pablo de la Guerra and Juan Cooper; claim filed June 14, 1852, confirmed by the Commission September 25, 1855, by the District Court March 9, 1857, and appeal dismissed April 30, 1857; containing fifty-six thousand, six hundred and twenty-one and four one-hundredths acres. Vide App., page
38, Hoffman's Repots.
13
194
HISTORY OF MARIN COUNTY, CALIFORNIA.
Edward A. Breed et al., claimants for Mission San Rafael, sixteen square leagues, in Marin county, granted June 8, 1846, by Pio Pico to Antonio Suñol and Antonio Maria Pico; claim filed July 26, 1852, and rejected by the Commission September 11, 1855. Vide App., page 41, Hoffman's Reports.
Hilario Sanchez, claimant for Temalpais or Tamalpais, two square leagues, in Marin county, granted November 28, 1845, by Pio Pico to H. Sanchez ; claim filed December 13, 1852, and rejected by the Commission September 26, 1854. Vide App., page 67, Hoffman's Reports.
Bethuel Phelps, claimant for Punta Reyes, eight square leagues, in Marin county, granted March 17, 1836, by Nicolas Guiterrez to James Richard Berry; claim filed January 22, 1853, confirmed by the Commission August 7, 1855, by the District Court December 22, 1857, and appeal dismissed December 22, 1857. Vide App., page 72, Hoffman's Reports.
Gregorio Briones, claimant for Las Baulines, two square leagues, in Marin county, granted February 11, 1846, by Pio Pico to G. Briones; claim filed January 31, 1853, confirmed by the Commission May 15, 1854, by the Dis- trict Court January 19, 1857, and appeal dismissed April 2, 1857; contain- ing eight thousand, nine hundred and eleven and thirty-four one-hundredths acres. Vide App., page 74, Hoffman's Reports.
Maria Teodora Peralta, claimant for Buacocha, two and one-half square leagues, in Marin county, granted February 18, 1846, by Pio Pico to M. T Peralta ; claim filed February 28, 1853, and rejected by the Commission April 3, 1855. Vide App., page 89, Hoffman's Reports.
A. Randall, claimant for Punta de los Reyes, eleven square leagues, in Marin county, granted November 30, 1843, by Manuel Micheltorena to Antonio M. Osio; claim filed March 1, 1853, confirmed by the Commission January 9, 1855, by the District Court, December 28, 1858, and appeal dismissed May 24, 1858; containing forty-eight thousand, one hundred and eighty-nine and thirty-four one-hundredths acres. Patented. Vide App., page 91, Hoffman's Reports.
José M. Revere, claimant for San Geronimo, two square leagues, in Marin county, granted February 12, 1844, by Manuel Micheltorena to Rafael. Cacho; claim filed March 1, 1853, confirmed by the Commission February 13, 1855, by the District Court June 26, 1858, and appeal dismissed June 26, 1858; containing eight thousand, seven hundred and one acres. Pat- ented. Vide App., page 91, Hoffman's Reports.
Juan B. Alvarado, claimant for Nicasio, twenty square leagues, in Marin county, granted March 13, 1835, by José Figueroa to Teodocio Quilajuequi et al., Indians; claim filed March 1, 1853, rejected by the Commission Sep- tember 25, 1855, and appeal dismissed for failure or prosecution February 4, 1858.
195
LEGISLATIVE HISTORY.
THE LEGISLATIVE HISTORY OF MARIN COUNTY.
ITS ORGANIZATION AND POLITICAL HISTORY.
THE ORGANIZATION OF THE COUNTY .- The first organization of counties in the United States originated in Virginia, her early settlers becoming pro- prietors of vast amounts of land, living apart in patrician splendor, imperious in demeanor, aristocratic in feeling, and being in a measure dictators to the laboring portion of the population. It will thus be remarked that the mate- rials for the creation of towns were not at hand, voters being but sparsely distributed over a great area. The county organization was, moreover, in perfect accord with the traditions and memories of the judicial and social dignities of Great Britain, in descent from whom they felt so much glory. In 1634 eight counties were established in Virginia; a lead which was fol- lowed by the Southern and several of the Northern States, save in those of South Carolina and Louisiana, where districts were outlined in the former, and parishes, after the manner of the French, in the latter.
In New England, towns were formed before counties, while counties were organized before States. Originally, the towns, or townships, exercised all the powers of government swayed by a State. The powers afterward assumed by the State governments were from surrender or delegation on the part of towns. Counties were created to define the jurisdiction of courts of justice. The formation of States was a union of towns, wherein arose the representative system; each town being represented in the State Legislature, or General Court, by delegates chosen by the freemen of the towns at their stated meetings. The first town meeting of which we can find any direct evidence, was held by the congregation of the Plymouth Colony, on March 23, 1621, for the purpose of perfecting military arrangements. At that meeting a Governor was elected for the ensuing year; and it is noticed as a coincidence, whether from that source or otherwise, that the annual town meetings in New England, and nearly all 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 corporation in Massachusetts.
The first legal enactment concerning this system provided that whereas: " Particular towns have many things which concern only themselves, and the ordering of their own affairs, and disposing of business in their own towns ; therefore the freemen of every town, or the major part of them, shall only
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HISTORY OF MARIN COUNTY, CALIFORNIA.
have power to dispose of their own lands and woods, with all the appurten- ances 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 twenty shillings, and choose their own particular officers, as constables, surveyors for the highways, and the like." Evidently this enactment relieved the General Court of a mass of municipal details, without any danger to the powers of that body in controlling general measures of public policy. Prob- ably, also, a demand from the freemen of the towns was felt, for the control of their own home concerns.
The New England colonies were first governed by a "General Court," or Legislature, composed of a Governor and small council, which court con- sisted of the most influential inhabitants, and possessed and exercised, both legislative and judicial powers, 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 territory was added to the Republic, and States formed. Smaller divisions were in turn inaugurated and placed under the jurisdiction of special officers, whose numbers were increased as time developed a demand, until the sys- tem of Township organization in the United States is a matter of just pride to her people.
Let us now consider this topic in regard to the especial subject under review :
On the acquisition of California by the government of the United States, under a treaty of peace, friendship, limits, and settlement with the Mexican Republic, dated Guadalupe Hidalgo, February 2, 1848, the boundaries of the State were defined. This treaty was ratified by the President of the United States, on March 16, 1848; exchanged at Queretaro, May 30, and finally promulgated July 4, of the same year, by President Polk, and attested by Secretary of State, James Buchanan. In 1849 a Constitutional Convention was assembled in Monterey, and at the close of the session, on October 12, a proclamation calling upon the people to form a government was issued "to designate such officers as they desire to make and execute the laws; that their choice may be wisely mnade, 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 Consti- tution be ratified, will with pleasure, surrender his powers to whomsoever the people may designate as his successor." This historical document bore the signatures of "B. Riley, Bvt. Brig. General U. S. A., and Governor of California, and official-H. W. Halleck, Bvt. Capt. and Secretary of State."
197
LEGISLATIVE HISTORY.
In accordance with Section fourteen of Article twelve of the Constitution, it was provided that the State be divided into counties, and Senatorial and Assembly districts, while the first session of the Legislature, which began at San José, on December 15, 1849, passed, on February 18, 1850, “ An Act subdividing the State into counties and establishing seats of justice therein." This Act was finally confirmed, April 25, 1851, and directed the boundaries of Marin county to be as follows :-
" Beginning on the sea coast at the mouth of the inlet called Estero Americano, and running up the middle of said estero to its head; thence following the road which leads from Bodega to San Rafael, passing between the rocks known by the name of Dos Piedros, to the Laguna of San Antonio; thence following down the middle of said laguna to its outlet, which forms the creek of San Antonio; thence following down the middle of said creek to the Bay of San Pablo, and into said bay to the boundary of Contra Costa county; thence following said county boundary to the bound- ary of San Francisco county; thence along the boundary of said county to the mouth of the Bay of San Francisco and three miles into the ocean; thence in a northerly direction parallel with the coast to the place of beginning; including two small islands called Dos Hermanos and Marin islands. The seat of justice shall be at San Rafael."
Amendatory to the above is another Act passed May 15, 1854, wherein the boundaries were made to read :-
" Beginning on the sea coast at the mouth of the inlet called Estero Americano, and running up the middle of said estero to its head; thence following the road which leads from Bodega to San Rafael, passing between the rocks known by the name of Dos Piedros to the Laguna of San Antonio; thence following down the middle of said laguna to its outlet, which forms the creek of San Antonio; thence following down the middle of said creek to its entrance into Petaluma creek; thence following down the middle of said creek to the Bay of San Pablo, and into said bay to the boundary of Contra Costa county in the said Bay of San Pablo to the middle of the straits of San Pablo; thence following in a direct line from the middle of said straits to the Invincible Rock, situated in the Bay of San Francisco, near the entrance of the straits of San Pablo; thence south- easterly by a direct line, so as to include the island of Los Angeles, to a point in the Bay of San Francisco equi-distant between said island and Bird island; thence by a direct southerly line to its intersection with the present line of the county of San Francisco at the mouth of the bay; thence with said county line three miles into the ocean; thence in a northerly direction parallel with the coast to the place of beginning including the three small islands called Los Angeles, Dos Hermanos and Marin islands, with the entire area and limits hereby described for the said county of Marin."
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HISTORY OF MARIN COUNTY, CALIFORNIA.
Once more, on April 25, 1860, the boundaries of the county were fixed as under :-
"Beginning on the sea coast at the mouth of the inlet called Estero Americano, and running up the middle of said estero to its head; thence following the road which leads from Bodega to San Rafael, passing between the rocks known by the name of Dos Piedros to the Laguna of San Antonio ; thence following down the middle of said laguna to its outlet which forms the creek of San Antonio; thence following down the middle of said creek to its entrance into Petaluma creek; thence following down the middle of said creek to the Bay of San Pablo, and into said bay to the boundary of Contra Costa county; thence along said boundary of Contra Costa county, in the said Bay of San Pablo, to the middle of the straits of San Pablo; thence following in a direct line from the middle of said straits to the Invin- cible Rock, situated in the Bay of San Francisco, near the entrance of the straits of San Pablo; thence southwardly by a direct line, so as to include the island of Los Angeles, to a point in the Bay of San Francisco equi- distant between said island and Bird island; thence in a direct southerly line to its intersection with the present line of the county of San Francisco, at the mouth of the bay; thence with said county line, three miles into the ocean; thence in a northerly direction parallel with the coast to the place of beginning, including the three small islands called Los Angeles, Dos Her- manos and Marin islands, with the entire area and limits hereby described for the said county of Marin."
Prior to the first partition of the State into counties, the section now known as Marin had been included in the district of Sonoma, a division which had originated with the Mexican authorities during their power, and that included all the counties now lying west of the Sacramento river, between the Bay of San Francisco and the Oregon line; it had not been interfered with on the accession of American rule, but retained the official designation given to it by the Spaniards.
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