USA > California > Marin County > History of Marin County, California also an historical sketch of the state of California > Part 24
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When it was found that Congress had adjourned without doing anything for California, Brigadier General Riley, by the advice, he said, of the Presi- dent and Secretaries of State and of War, issued a proclamation, which was at once a call for a Convention, and an official exposition of the Administra- tion's theory of the anomalous relations of California and the Union. He strove to rectify the impression that California was governed by the military arm of the service; that had ceased with the termination of hostilities. What remained was the civil government, recognized by the existing laws of California. These were vested in a Governor, who received his appoint- ment from the supreme government, or, in default of such appointment, the office was vested in the commanding military officer of the department, a Secretary, a Departmental or Territorial Legislature, a Superior Court with four judges, a Prefect and Sub-prefect and a Judge of the first instance for each district, Alcaldes, local Justices of the Peace, ayuntamientos, or Town Councils. He moreover recommended the election, at the same time, of delegates to a Convention to adopt either a State or Territorial Constitution, which, if acquiesced in by the people, would be submitted to Congress for approval.
In June 1849 a proclamation was issued announcing an election to be held on the 1st of August, to appoint delegates to a general Convention to form a State Constitution, and for filling the offices of Judge of the Superior Court, prefects, sub-prefects, and First Alcalde or Judge of the first instance, such appointments to be made by General Riley after being voted for. The delegates elected to the Convention from the district of Sonoma were Gene- ral Vallejo, Joel Walker, R. Semple. L. W. Boggs was elected but did not attend.
The manifesto calling the Constitutional Convention divided the electoral divisions of. the State into ten districts; each male inhabitant of the county, of twenty-one years of age, could vote in the district of his residence, and the delegates so elected were called upon to meet at Monterey, on September 1, 1849. The number of delegates was fixed at thirty-seven, five of which - were appointed to San Francisco.
As was resolved, the Convention met at Monterey on the date above named, Robert Semple of Benicia, one of the delegates from the district of
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HISTORY OF MARIN COUNTY, CALIFORNIA.
Sonoma, being chosen president. The session lasted six weeks; and, not- withstanding an awkward scarcity of books of reference and other necessary aids, much labor was performed, while the debates exhibited a marked degree of ability. In framing the original Constitution of California, slavery was forever prohibited within the jurisdiction of the State; the boundary ques- tion between Mexico and the United States was set at rest; provision for the morals and education of the people was made; a Seal of State was adopted with the motto Eureka, and many other matters discussed.
In August General Riley issued commissions to Stephen Cooper, appoint- ing him Judge of First District, and C. P. Wilkins Prefect of the district of Sonoma, while one of General Riley's last appointments before the adoption of the Constitution, was that of Richard A. Maupin, well remembered among the district's old residents, to be Judge of the Superior Tribunal, in place of Lewis Dent, resigned. Another well known pioneer who was at the Convention from Sacramento county was Major Jacob R. Snyder, a resident of Sonoma till his death.
We find that the " Superior Tribunal of California" existed at Monterey in 1849; for, in September of that year a "Tariff of fees for Judicial Officers" was published, with the following order of the Court: "That the several officers mentioned in this order shall be entitled to receive for their services, in addition to their regular salaries, if any, the following fees, and none others, until the further order of this Court." Here is added a list of the fees to be appropriated by Judges of the First instance, Alcaldes and Justices of the Peace, clerks of the several courts, Sheriff or Comisario, District Attorney, and Notaries Public.
We have already said that Stephen Cooper was appointed Judge of First instance for the District of Sonoma. He commenced his labors in that office in October, 1849, as appears in the early record of the proceedings of that Court extant in the office of the County Clerk of Solano county. The record of one of the cases tried before Judge Cooper is reproduced as an instance of the quick justice that obtained in 1849 :-
"The people of California Territory vs. George Palmer-and now comes the said people by right of their attorney, and the said defendant by Semple and O'Melveny, and the prisoner having been arraigned on the indictment in this cause, plead not guilty. Thereupon a jury was chosen, selected and sworn, when, after hearing the evidence and arguments of counsel, returned into Court the following verdict, to wit :-
"The jury, in the case of Palmer, defendant, and the State of California, plaintiff, have found a verdict of guilty on both counts of the indictment, and sentenced him to receive the following punishment, to wit :-
"On Saturday, the 24th day of November, to be conducted by the Sheriff to some public place, and there receive on his bare back seventy-five lashes, with such a weapon as the Sheriff may deem fit, on each count respectively,
,
R. B. Bailey.
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POLITICAL HISTORY.
and to be banished from the district of Sonoma within twelve hours after whipping, under the penalty of receiving the same number of lashes for each and every day he remains in the district after the first whipping. " (Signed) ALEXANDER RIDDELL, Foreman.
" It is therefore ordered by the Court, in accordance with the above ver- dict, that the foregoing sentence be carried into effect."
The Constitution was duly framed, submitted to the people, and at the election held on the thirteenth of November, ratified by them, and adopted by a vote of twelve thousand and sixty-four for it and eleven against it; there being, besides, over twelve hundred ballots that were treated as blanks, because of an informality in the printing.
We here reproduce two of the tickets which were voted at the time, and were distributed in and around Sacramento and the upper portion of the · State :-
PEOPLE'S TICKET.
FOR THE CONSTITUTION.
FOR GOVERNOR,
John A. Sutter.
FOR LIEUTENANT-GOVERNOR, John McDougal. .
FOR REPRESENTATIVES IN CONGRESS,
William E. Shannon, Pet. Halsted. FOR STATE SENATORS,
John Bidwell, Upper Sacramento, Murray Morrison, Sacramento City, Harding Bigelow, Sacramento City, Gilbert A. Grant, Vernon.
FOR ASSEMBLY,
H. C. Cardwell, Sacramento City, P. B. Cornwall, Sacramento City, John S. Fowler, Sacramento City, J. Sherwood, Elisha W. Mckinstry, Madison Waltham, Coloma, W. B. Dickenson, Yuba, James Queen, South Fork, W. L. Jenkin, Weaverville.
PEOPLE'S TICKET.
FOR THE CONSTITUTION.
FOR GOVERNOR,
Peter H. Burnett.
FOR LIEUTENANT-GOVERNOR, John McDougal.
FOR REPRESENTATIVES IN CONGRESS,
Edward Gilbert, George W. Wright.
FOR STATE SENATORS,
John Bidwell, Upper Sacramento, Murray Morrison, Sacramento City, Harding Bigelow, Sacramento City, Gilbert A. Grant, Vernon.
FOR ASSEMBLY,
H. C. Cardwell, Sacramento City, P. B. Cornwall, Sacramento City, John S. Fowler, Sacramento City, H. S. Lord, Upper Sacramento, Madison Waltham, Coloma, W. B. Dickenson, Yuba, James Queen, South Fork, Arba K. Berry, Weaverville.
14
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HISTORY OF MARIN COUNTY, CALIFORNIA.
The result of the election was: Peter H. Burnett, Governor; John McDougal, Lieutenant-Governor; and Edward Gilbert and George W. Wright sent to Congress. The district of Sonoma polled at this election but five hundred and fifty-two votes, four hundred and twenty-four of which were for Burnett. Of the representatives sent from Sonoma, General Vallejo went to the Senate, and J. S. Bradford and J. E. Brackett to the Assembly. Some difficulty would appear to have risen at this election, for Mr. R. A. Thompson says : "General Vallejo's seat was first given to James Spect, but on the twenty-second of December, the committee reported that the official return from Larkin's Ranch gave Spect but two votes instead of twenty- eight, a total of but one hundred and eighty-one votes against General Vallejo's one hundred and ninety-nine." Mr. Spect then gave up his seat to General Vallejo.
We now produce the following interesting record of some of those who formed the first California Legislature, not because it bears specially on our subject, but as a matter of curiosity, interest and reference :----
The following is from the Colusa Sun of April 26 :
Hon. John S. Bradford, of Springfield, Illinois, who was a member of the first California Legislature, procured from some of his colleagues a short biographical sketch. Thinking it might be a matter of interest to the people of California at the present time, he sends it to us. We have the original document, with the sketches in the handwriting of each member. Most of these gentlemen have figured conspicuously in the history of the State since, but we believe there are but few now living. Three of the sketches, Jose M. Covarrubias, M. G. Vallejo, and Pablo. de la Guerra, are written in Spanish, but we have had them translated.
Senators .- David F. Douglass-Born in Sumner county, Tennessee, the eighth of January, 1821. Went to Arkansas with Fulton in 1836. On the seventeenth March, 1839, had a fight with Dr. Wm. Howell, in which H. was killed ; imprisoned fourteen months; returned home in 1842; immi- grated to Mississippi; engaged in the Choctaw speculation; moved with the Choctaws west as a clerk; left there for Texas in Winter of 1845-46. War broke out; joined Hay's regiment; from Mexico immigrated to California, and arrived here as wagoner in December, 1848 .- M. G. Vallejo-Born in Monterey, Upper California, July 7, 1807. On the first of January, 1825, he commenced his military career in the capacity of cadet. He served successively in the capacity of Lieutenant, Captain of Cavalry, Lieu- tenant-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 Convention in 1849 and Senator in 1850 .- Elcan Heydenfeldt-Born in Charleston, South Carolina, Sep- tember 15, 1821; immigrated to Alabama in 1841; from thence to Louisiana in 1844; to California in 1849. Lawyer by profession .- Pablo de la
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POLITICAL HISTORY.
Guerra-Born in Santa Barbara, Upper California, November 29, 1819. At the age of nineteen he entered the public service. He was appointed Administrator-General " de la rentas," which position he held when Cal- ifornia 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. Wood- worth-Born in the city of New York, November 15, 1815; com- menced career as a sailor, A. D. 1832. Sailed from New York March 9, 1834. Entered the navy of the United States June 14, 1838. Immigrated to California, via Rocky Mountains and Oregon, April 1, 1846. Resignation accepted by Navy Department, October 29, 1849. Elected to represent the district of Monterey in the first Senate of the First Legislature 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 Joaquin 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 34 .- -D. C. Broderick-Senator from San Francisco; born in Washington City, D. C., February 4, 1818; immigrated 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 Sen- ate, from the District of San Diego; born in Litchfield county, Connecticut, April 24, 1805 ; immigrated from Connecticut to Onondaga county, New York, in 1815; thence to Beaver, Pennsylvania, in 1829; thence to Cincinnati, Ohio, in 1842; served as Surgeon in the U. S. A. during the war with Mexico; appointed Surgeon to the Boundary Line Commission, February 10, 1840; embarked from Cincinnati, Ohio, February, 15; arrived in San Diego, June 1, 1849, and in San Jose, December 12, 1849 .- J. Bidwell-Born in Chautauque county, New York, 5th of August, 1819 ; immigrated to Pennsyl- vania; 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 commer- cial pursuits; arrived at San Francisco, February, 1849, per steamer Califor- nia, the first that ever entered said port .- -Benjamin S. Lippincott-
Senator from San Joaquin; born in New York; immigrated February, 1846, from New Jersey; by pursuit a merchant, and elected for two years.
Assemblymen .- Elam Brown-Born in the State of New York, in 1797; emigrated from Massachusetts in 1805 ; to Illinois in 1818; to Missouri, 1837 ;
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HISTORY OF MARIN COUNTY, CALIFORNIA.
and from 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 .- Emigrated from Missouri, April, 1847 ; residence, Stockton, Alta California .- Edmund Randolph -- born in Richmond, Virginia; immi- grated to New Orleans, 1843; thence to California, 1849 ; residence, San Francisco .- E. P. Baldwin-Born in Alabama; emigrated from thence in January, 1849; arrived in California, May 1, 1850; represents San Joa- quin District; 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; repre- sents 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 State of New York; immigrated to California, 1846; present residence, San Jose, Santa Clara county .- Joseph C. Morehead-Born in Kentucky ; immi- grated 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 José .- Thos. J. Henley-Born in Indiana; family now reside in Charlestown, in that State; immigrated to California in 1849, through the South Pass; residence at Sacramento .- -Jose 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 California 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 California April 4, 1849; reached there Octo- ber 16th; was elected to the Assembly November 13th, from Sacramento district, and is now in Pueblo de San José .- -Mr. Bradford, himself, represents our (Sonoma) district in the Assembly.
On Saturday, December 15, 1849, the first State Legislature met at San José, E. Kirby Chamberlin being elected President pro tem. of the Senate, and Thomas J. White, Speaker of the Assembly.
In the year 1850, Senator M. G. Vallejo became convinced that the capital of California should be established at a place which he desired to name Eureka, but which his colleagues, 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 proposed site over other places which claimed
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POLITICAL HISTORY.
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; twenty acres for a Lunatic Asylum; eight acres for four Common Schools ; twenty acres for a State University; four acres for a State Botanical Garden ; and twenty acres for a State Penitentiary.
But with a munificence casting this already long list of grants into the shade, he further proposed to donate and pay over to the State, within two years after the acceptance of these propositions, the gigantic sumn of three hundred and seventy thousand dollars, to be apportioned in the following manner:
For the building of a State Capitol, one hundred and twenty-five thousand dollars; for furnishing the same, ten thousand dollars; for building of the Governor's house, ten thousand dollars; for furnishing the same, five thousand dollars; for the building of State Library and Translator's office, five thousand dollars; for a State Library, five thousand dollars; for the building of the offices of the Secretary of State, Comptroller, Attorney- General, Surveyor-General and Treasurer, should the Commissioners deem it proper to separate them from the State House, twenty thousand dollars; for the building of an Orphan Asylum, twenty thousand dollars; for the building of a Female Charity Hospital, twenty thousand dollars; for the building of a Male Charity Hospital, twenty thousand dollars; for the building of an Asylum for the Blind, twenty thousand dollars; for the building of a Deaf and Dumb Asylum, twenty thousand dollars; for the building of a State University, twenty thousand dollars; for University Library, five thousand dollars; for scientific apparatus therefor, five thousand dollars ; for chemical labratory therefor, three thousand dollars; for a min- eral cabinet therefor, three thousand dollars; for the building of four com- mon school edifices, ten thousand dollars; for purchasing books for same, one thousand dollars; for the building of a Lunatic Asylum, twenty thousand dollars; for a State Penitentiary, twenty thousand dollars ; for a State botanical collection, three thousand dollars.
In his memorial, the General states with much lucidity- his reasons for claiming the proud position for the place suggested as the proper site for the
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HISTORY OF MARIN COUNTY, CALIFORNIA.
State Capitol. 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 pop- ulation, and the true center of travel ; that, while the Bay of San Francisco is acknowledged to be the first on the earth, in point of extent and naviga- ble capacities, already, throughout the length and breadth of the wide world, it is acknowledged to be the very center between Asiatic and European commerce. The largest ship that sails upon the broad sea can, within three hours anchor at the wharves of the place which your memorialist proposes- as your permanent seat of government. From this point, by steam naviga- tion, there is a greater aggregate of mineral wealth within eight hours' steam- ing, 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 resouces on the other; from this point. steam navigation extends along the Pacific coast south to San Diego and north to the Oregon line, affording the quickest possible facilities for our sea- coast population to reach the State Capital in the fewest number of hours. This age, as it has been truly remarked, has merged distance into time. In the operations of commerce and the intercourse of mankind, to measure miles by the rod is a piece of vandalism of a by-gone age; and that point which can be approached from all parts of the State in the fewest number of hours, and at the cheapest cost, is the truest center.
"The location which your memorialist proposes as the permanent seat of 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, there is but little doubt to apprehend its early com- pletion. 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
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POLITICAL HISTORY.
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 thorough knowledge of the country comprised in the above quoted document, both geographical and topographi- cal, were directed to report for the information of the President, upon the advantages claimed for the location of the capital at the spot suggested in preference to others. The report in which the following words occur, was presented to the Senate on April 2, 1850 :- "Your committee cannot dwell with too much warmth upon the magnificent 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 propo- sition looks more like the legacy of a mighty Emperor to his people than the free donation 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 Fran- cisco, 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 con- siderable delay; however, on Tuesday, February 4, 1851, a message was received from Governor Burnett, by his Private Secretary, Mr. Ohr, inform- ing 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 Gov- ernment." In the meantime General Vallejo's bond had been accepted; his solvency was approved by a committee appointed by the Senate to inquire into that circumstance; the report of the commissioners sent to mark and lay out the tracts of land proposed to be donated was adopted, and on May 1, 1851, the last session of the Legislature at San José was completed; but the archives were not moved to the new seat of government at Vallejo then, the want of which was the cause of much dissatisfaction among the members.
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