USA > California > Marin County > History of Marin County, California also an historical sketch of the state of California > Part 23
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).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58
On April 11, 1850, An Act of the Legislature was passed organizing a. Court of Sessions, which defined its composition as follows :-
The Court consisted of the County Judge, who should preside at its ses- sions, assisted by two Justices of the Peace of the county as Associate Justices, they being chosen by their brother Justices from out of the whole number elected for the county. The duties imposed upon this organization were multifarious. They made such orders respecting the property of the county as they deemed expedient, in conformity with any law of the State, and in them were vested the care and preservation of said property. They examined, settled, and allowed all accounts chargeable against the county; directed the raising of such sums for the defraying of all expenses and charges against the county, by means of taxation on property, real and personal, such not to exceed, however, the one-half of the tax levied by the
199
LEGISLATIVE HISTORY.
State on such property; to examine and audit the accounts of all officers having the care, management, collection and disbursement of any money belonging to the county, or appropriated by law, or otherwise, for its use and benefit. In them was the power of control and management of public roads, turnpikes, fences, canals, roads and bridges within the county, where the law did not prohibit such jurisdiction, and make such orders as should be requisite and necessary to carry such control and management into effect; to divide the county into townships, and to create new townships, and change the division of the same as the convenience of the county should require. They established and changed election precincts; controlled and managed the property, real and personal, belonging to the county, and purchased and received donations of property for the use of the county, with this proviso, that they should not have the power to purchase any real or personal . property, except such as should be absolutely necessary for the use of the county. To sell and cause to be conveyed, any real estate, goods, or chattels belonging to the county, appropriating the funds of such sale to the use of the same. To cause to be erected and furnished, a Court-house, jail, and other buildings, and to see that the same are kept in repair, and otherwise to perform all such other duties as should be necessary to the full discharge of the powers conferred on such court. Terins were ordered to be held on the second Monday of February, April, June, August, October and December, with quarterly sessions on the third Monday of February, May, August and November of each year.
The Court of Sessions which was then composed of James A. Shorb, County Judge, Associate Justices, James Black and George Millwater, and William F. Mercer, Clerk, were the first to apportion Marin county into townships. This they effected at a session held September 16, 1850, the divisions being named and then written South Salieto, San Rafael, Boulinas and Navat. Their boundaries were ordered to conform to the following lines :-
South Salieto .- Shall include the town of South Salieto, Captain Richard- son's rancho-the line striking the coast at the mouth of the estero at the Boulinas.
San Rafael .- Shall commence at the estero dividing the Read and Richardson ranchos ; thence running over the Tamalpais hill to the Logonita, and on to and including the Revere rancho ; thence down the Guenas valley to the estero.
Navat .- Shall join the San Rafael township including the Portaswella of Necatio-including the Guenas valley on the Estero Petaluma.
Boulinas .- Shall include the Boulinas, running with the coast to Pounte- reys and the Turmalas including the Necatio district.
On January 3, 1853, the county was organized into eight road districts, and on August 1st the townships of Tomales and Punta de los Reyes were
200
HISTORY OF MARIN COUNTY, CALIFORNIA.
established. A distribution of townships was again effected on February 10, 1855, the eight partitions being San Rafael, Corte Madera, Saucelito, Novato, San Antonio, Tomales, Punta de los Reyes, and Bolinas, but it was not until May 12, 1862, that Marin county was distributed into the eight townships which obtain to-day. The boundaries and names of these are as follows :-
San Rafael .- Commencing on the Bay of San Pablo at the southeast corner of the Rancho San José; thence along the northern boundary of the Rancho Santa Margarita and Las Gallinas to the southeast corner of the Nicasio rancho confirmed to H. W. Halleck ; thence along the boundary of said grant to Halleck, to its intersection with the east line of T. 3, N., R. 8., W .; thence south to the intersection of the east line of T. 2, N., R. 8, W. with Daniel's creek; thence up said creek to foot of Bolinas hill; thence up the right-hand creek to its head; thence in a direct line to the northeast corner of the Saucelito rancho; thence following the northeastern boundary line of the Saucelito rancho to where said line intersects with the Public lands ; thence following the northern boundary of the Public lands to the Salt marsh at or near the location of the old government saw-mill ; thence following the course of the creek upon which said mill was located to its inter- section with the main Corte Madera creek; thence down the Corte Madera creek to the Bay of San Francisco; thence following the shore of the Bay of San Francisco to the Bay of San Pablo, and from thence along the shore of the Bay of San Pablo to the place of beginning.
Novato .- Commences at the Bay of San Pablo at the southeast corner of the Rancho San Jose; thence along the northern boundary of the Rancho Santa Margarita and Las Gallinas to the southeast corner of the Nicasio rancho as confirmed to H. W. Halleck ; thence along the southern boundary of the said Halleck grant to its intersection with the east line of T. 3, N., R. 8, W .; thence along the line of Township 3, to the northern boundary line of the aforesaid grant to Halleck; thence in an easterly and northerly direction to the corner of the Novato rancho to Olompali; thence along the southern line of the Olompali rancho to the Puerto Suelo; thence in a direct line northerly to San Antonio creek upon the boundary of the township San Antonio; thence following the San Antonio creek to the Bay of San Pablo, and from thence following the shore of said bay to the place of beginning.
San Antonio .- Commencing at the western extremity of the Laguna de San Antonio and running westerly, following the San Antonio creek to its junction with the Arroyo Sausal, and from thence southeasterly along the Arroyo Sausal to its intersection with the northern line of that part of the Nicasio rancho confirmed to H. W. Halleck; thence easterly along said boundary line to its intersection with the western line of the Rancho Novato; thence northerly along the line of the Novato rancho to the southern line
201
LEGISLATIVE HISTORY.
of the Olompali rancho; thence easterly along the line of the Olompali rancho to the Puerto Suelo (as laid down on the map of Marin county in the Clerk's office) ; thence in a northerly direction to a point on San Antonio creek two hundred yards westerly from the residence of G. T. Wood; thence following the Sonoma county line to the westerly line of the Laguna de San Antonio; thence following the line of the aforesaid laguna to the point of beginning.
Tomales .- Commencing at the western extremity of the Laguna de San Antonio and running westerly following the San Antonio creek to Tomales bay; thence along said bay to the Pacific ocean; thence westerly following the coast to the mouth of the Estero Americano; thence up said estero to the county line; thence along the county line to the Laguna de San Antonio, and from thence along the western shore of said laguna to the place of beginning.
Nicasio .- Commencing on the western side of the Daniel's creek imme- diately opposite Taylor's warehouse on the Garcia ranch, and from thence following the meanderings of said creek to the head of Tomales bay, and from thence along the northeastern shore of said bay to the San Antonio creek; from thence along said creek until it reaches the Arroyo Sausal, and from thence along said arroyo to its intersection with the northern line of that part of the Nicasio rancho confirmed to H. W. Halleck; thence along said line to the eastern line of T. 3, N., R. 8, W .; thence due south to the southeast corner of said township; thence due west along south line of said township to the Daniel's creek; thence down Daniel's creek to the place of beginning.
Point Reyes .- Commencing on the west side of Daniel's creek, at its con- fluence with Garcia's creek and running to the head of Tomales bay ; thence along the west shore of said bay to the Pacific ocean ; thence along the shore of said ocean to its intersection with Bear gulch ; thence in a northerly di- rection to the place of beginning.
Bolinas .- Commencing at the mouth of Garcia's creek at its intersection with Daniel's creek ; thence up Daniel's creek to the south line of T. 3, N. R. 8, W .; thence running east along said line to the southeast corner of T. 3 ; thence south on the east line of T. 8, R. 2, W. to its intersection with Daniel's creek ; thence up said creek to the foot of Bolinas hill ; thence up the right-hand creek to its head ; thence in a direct line to the northeast corner of the Saucelito rancho on the mountain of Tamalpais ; thence fol- lowing the west line of said rancho to the Pacific ocean ; thence along the Pacific ocean in a westerly direction to Bear gulch; thence in a northerly direction to the place of beginning.
Saucelito .- Commencing on Tamalpais at the northeast corner of the Saucelito rancho ; thence along the northeastern boundary of said rancho to the Public lands ; thence along the northern boundary of the Public lands
202
HISTORY OF MARIN COUNTY, CALIFORNIA.
to the Salt marsh at or near the location of the Government mill; thence down a creek designated as a boundary line for the township of San Rafael to the main Corte Madera creek; thence following the Corte Madera creek to the Bay of San Francisco ; thence along the western shore of said bay to the Pacific ocean ; thence along the Pacific ocean to the western boundary of the Saucelito rancho; from thence along the western line of said Saucelito rancho to the place of beginning.
And it is further ordered that for judicial purposes Angel Island shall belong to the township of Saucelito.
From the period of the organization of the county until the year 1855, its affairs were controlled by the Court of Sessions, above mentioned, and a Board of Supervisors, the latter having certain functions not granted to the former. In the last named year a change had come o'er the governmental dream; the Court of Sessions was abolished and an act passed March 20, entitled " An Act to create a Board of Supervisors in the counties in this State, and to define their duties and powers." For better reference the ninth section of the above act is quoted in full : "The Board of Supervisors shall have power and jurisdiction in their respective counties. First, To make orders respecting the property of the county, in conformity with any law of this State, and to take care of and preserve such property. Second, To examine, settle, and allow all accounts legally chargeable against the county, and to levy, for the purposes prescribed by law, such amount of taxes on the assessed value of real and personal property in the county, as may be authorized by law : provided the salary of the County Judge need not be audited by the Board ; but the County Auditor shall, on the first judicial day of each month, draw his warrant on the County Treasurer in favor of the County Judge for the amount due such Judge as salary, for the month preceding. Third, To examine and audit the accounts of all officers having the care, management, collection or disbursement of any money belonging to the county, or appropriated by law, or otherwise, for its use and benefit. Fourth, To lay out, control and manage public roads, turnpikes, ferries, and bridges within the county, in all cases where the law does not prohibit such jurisdiction, and to make such orders as may be requisite and necessary to carry its control and management into effect. Fifth, To take care of and provide for the indigent sick of the county. Sixth, To divide the county into townships, and to change the divisions of the same, and to create new townships, as the convenience of the county may require. Seventh, To establish and change election precincts, and to appoint inspectors and judges of elections. Eighth, To control and manage the property, real and per- sonal, belonging to the county, and to receive by donation. any property for the use and benefit of the county. Ninth, To lease or to purchase any real or personal property necessary for the use of the county ; provided no pur- chase of real property shall be made unless the value of the same be pre-
203
LEGISLATIVE HISTORY.
viously estimated by three disinterested persons, to be appointed for that purpose by the County Judge. Tenth, To sell at public auction, at the Court House of the county, after at least thirty days previous public notice, and cause to be conveyed, any property belonging to the county, appropriating the proceeds of such sale to the use of the same. Eleventh, To cause to be erected and furnished, a court house, jail, and such other public buildings as may be necessary, and to keep the same in repair ; provided that the contract for building the court house, jail, and such other public buildings, be let out at least after thirty days' previous public notice, in each case, of a readiness to receive proposals therefor, to the lowest bidder, who will give good and sufficient security for the completion of any contract which he may make respecting the same ; but no bid shall be accepted which the Board may deem too high. Twelfth, To control the prosecution and defense of all suits to which the county is a party. Thirteenth, To do any and perform all such other acts and things as may be strictly necessary to the full discharge of the powers and jurisdiction conferred on the Board."
In accordance with this Act Marin was divided into three Supervisora Districts, the first being composed of Novato, San Rafael and Corte Madera townships; the second, Saucelito, Bolinas and Punta de los Reyes townships; and the third, Tomales and San Antonio townships; while voting precincts were established at the following places: District No. 1 .- Novato, at the hotel known as "Our House;" San Rafael, at the Court House; Marin City, at the house of James Parker; and Corte Madera, at the residence of Stephen Dodge. District No. 2 .- Saucelito, at Capt. Snow's hotel; Bolinas, at the Mill house; Punta de los Reyes, at the Ranch house; and Berry pre- cinct, at Garcia's house. District No. 3 .- Tomales, at Dutton's store, and San Antonio, at the house of P. B. Hewlett. On November 7th of this year the Board of Supervisors directed that the county should be divided into two School Districts; Tomales and San Antonio townships forming District No. 1, and the balance of the county District No. 2, while on the twenty- second day of the same month. each township was declared to be a road district, James Miller, San Rafael; Timothy Mahon, Novato; P. B. Hewlett, San Antonio; P. R. Bachelor, Corte Madera; and William Murphy, Punta de los Reyes, as Overseers.
During the session of 1861-2 the Legislature passed a law for the organ- ization of townships, regulating the powers and duties thereof, and desiring that the same should be submitted to the vote of the people. This law made each township a corporate body, the powers of which were vested in three Trustees, with the same or similar powers as those had by the Board of Supervisors. A similar set of officers were to be elected for each town- ship, to perform the duties thereof, under this law, as were elected for the whole county, with the exception of a County Judge, District Attorney and Sheriff. Each township became in all important affairs a county, with
.
204
HISTORY OF MARIN COUNTY, CALIFORNIA.
county powers, county officers, and county expenses. In the place of one tax-collector and one assessor, by this arrangement the county would have these officers for each of the townships, and the expenses of the county be increased eight-fold.
On June 13, 1866, the boundaries of the several townships were rectified, and new election precincts established, but our space will not admit of our following these changes to their present limits. For full particulars of these we would refer the reader to the most excellent county map compiled in 1873 by County Surveyor Austin, and other official records. It may be mentioned, however, that on the 7th of August of that year San Quentin was established as an election precinct for the convenience of the officers of the State Prison.
POSTOFFICES .- One of the first signs of a thorough county organization is the establishment throughout its length and breadth of a system to facilitate the transmission of correspondence from point to point; to attain this object is the cause of postoffices. To set at rest any doubt which may remain in the minds of the residents of Marin as to who were the first postmasters at the different stations in the county, the accompanying information has been most courteously furnished us by the Postoffice Department at Washington: " Postoffice Department, office of the First Assistant Postmaster-General, Washington, D. C. Alley, Bowen & Co., San Rafael, Marin Co., Cal .- Your communication of the 28th ultimo, in which you ask for the date of the establishment of the postoffices, and their respective postmasters to date in Marin county, California, has been received at this Department. Please find the following in answer to such inquiry, as found recorded in the books of this Department. Respectfully, James H. Marr, For First Asst. Post- master General."
OFFICE.
POSTMASTER.
ESTABLISHED.
DISCONTINUED.
RE-ESTABLISHED
San Rafael
Moses Stoppard.
Nov. 6, 1851. .
Punto de los Reyes.
Timothy L. Andrews
Oct. 11, 1353. . April 12, 1854.
March 30, 1855
Tomales.
Valentine Bennett. .
Novato
Henry F. Jones.
Jan. 14, 1860 .
San Quentin
D. W. Robinson.
Feb. 2, 1856. . Jan. 31, 1859 . Feb. 28, 1859. Feb. 10, 1863. June 3, 1863.
Dec. 13, 1859. .
April 25, 1862.
Olema
Benj. T. Winslow
Preston.
Robert J. Preston.
Nov. 12, 1866.
Bolinas
Henry Cleever
Black Point
Josepli B. Sweetser John Schnell.
Jan. 11, 1865 Dec. 12, 1870.
Nicasio
Hiram F. Taft.
April 13, 1871.
Marshall.
Eugene L. White.
Feb. 6, 1872 .. Jan. 28, 1875 .
Hamlet.
Eder H. Herald.
June 2, 1876. .
Corte Madera
Edward H. Eastman.
May 16, 1878 ..
March, 1880.
Fairfood .
Richard Keating.
Aug. 26, 1879.
Dec. 26, 1879 .
Saucelito
Angel Island.
Charles Mellow
205
LEGISLATIVE HISTORY.
COURT HOUSE .- Before the organization of the State into counties, the Alcaldes were wont to meet in the old mission at San Rafael, to settle legal disputes which may have then arisen between the few settlers who had found their way into Marin. On the completion of the organization, a hall in the mission known as the Juzgado, was, in December 1851, directed to be used, and there the courts were held until 1853, when the tribunals were transferred to the house originally erected by Don Timoteo Murphy. On February 10, 1872, this building was sold by Sheriff Austin, under order of the Board of Supervisors, and purchased by Isaac Shaver for the sum of fifty dollars. On February 14, 1872, the Board of Supervisors ordered the issuance and sale of "Court House Bonds," for the purpose of building a Court House and jail for Marin county; on March 26, such a sale was held and the bid of Woods & Freeborn accepted, at ninety-eight and three- fourths cents, amounting in the aggregate to fifty-nine thousand, two hun- dred and fifty dollars. For the location of the building many offers were made, proposals being received from proprietors in all parts of the town of San Rafael and suburbs. The site chosen by the Supervisors, however, was that embodied in the annexed proposal :-
SAN RAFAEL, March 27, 1872.
To the Supervisors of Marin County.
GENTLEMEN :- If you select the Heuston Block for the Court House, we will pay into the County Treasury any deficit between the price (twelve thousand dollars) for that block, and what the old site may realize upon sale, we to be consulted as to the subdividing of the latter.
F. H. PRATT, A. LEE, JOHN H. SAUNDERS, WM. T. COLEMAN, WM. J. MILLER.
Plans, specifications and estimates were at once advertised for, and a premium of two hundred dollars offered for such plan as should be adopted by the Board of Supervisors. On April 9th the lot was conveyed to the Supervisors by H. M. Heuston for twelve thousand dollars; on the 10th the premium for plans and specifications was awarded to E. F. Raun of San Francisco, and, on the 13th, sealed proposals for the construction were called for. May 18th the bid of M. Miles & Co., for fifty-one thousand dollars was accepted, Kenetzer & Raun, architects, appointed agents for the Board of Supervisors during construction; and on the 23d, Miles & Fell filed their contract with sufficient sureties that were accepted. On June 4th, the con- tract mentioned above was rescinded on account of an error in record; on the 5th the following entry is found in the records: "Through the failure of Miles & Co. to fulfill the terms of the order of the Supervisors, viz: That if Contract was not, within five days from May 18, 1872, signed and execu-
206
HISTORY OF MARIN COUNTY, CALIFORNIA.
ted to the satisfaction of the Chairman of the Board of Supervisors, that the bid of A. J. Fitzpatrick should be accepted." This tender was consequently taken, provided he, with two sureties, should within three days sign and execute a contract on approved form. On June 6th, A. J. Fitzpatrick, John Cox, John Center and J. B. Piper executed the said contract, and the Board of Supervisors accepted it. The building was proceeded with, the corner stone being laid August 3, 1872, and to-day Marin has reason to be proud of her elegant County building.
THE POLITICAL HISTORY OF MARIN COUNTY .- Prior to the acquisition of California by the Government of the United States, the large District of Sonoma, which included all the territory between the Sacramento river and the ocean on the one hand, and Oregon and the Bay of San Francisco on the other, was under the rule of the Mexican Government, and divided into Prefectures, amenable to a Grand Council at Sonoma, the holders of office being designated by the Spanish name of Alcalde.
The first civil officers in Marin, of whom we can gain any exact infor- mation, were Ygnacio Pacheco and Alferes Damas, who held the positions of First and Second Alcalde. These gentlemen were succeeded by Wil- liam Reynolds and James Black, who held court in the large hall of the Mission building. This was in the year 1845. Between the years 1846 and 1849 the county remained under the control of the military. Let us see what was the state of the political horizon during that time. According to Tuthill-as to civil law, the country was utterly at sea. It had a governor in the person of the commandant of the military dis- trict it belonged to, but no government. While the war lasted, California, as a conquered province, expected to be governed by military officers who, by virtue of their command of the Department, bore sway over all the territory that their Department embraced. But after peace had come and the succession of military governors was not abated, a people who had been in the habit of governing themselves, under the same flag and the same constitution, chafed that a simple change of longitude should deprive them of their inalienable rights.
General Persifer F. Smith, who assumed command on arriving by the California, the first steamship that reached San Francisco (February 28, 1849), and General Riley, who succeeded him (April 13, 1849), would have been acceptable governors enough, if the people could have discovered any- where in the Constitution that the President had power to govern a territory by a simple order to the commandant of a military department. The power was obvious in time of war, but in peace it was unprecedented. Left entirely to themselves, the people could have organized a squatter sovereignty, as Oregon had done, and the way into the sisterhood of States was clear.
They felt that they had cause for complaint, but in truth they were too
207
POLITICAL HISTORY.
busy to nurse their grievance and make much of it. To some extent they formed local governments, and had unimportant collisions with the military. But, busy as they were, and expecting to return home soon, they humored their contempt for politics, and left public matters to be shaped at Washing- ton. Nor was this so unwise a course under the circumstances, for the thing that had hindered Congress from giving them a legitimate and constitutional government was the ever-present snag in the current of American political history, the author of most of our woes, the great mother of mischief on the western continent-slavery.
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.