USA > California > Mendocino County > History of Mendocino County, California : comprising its geography, geology, topography, climatography, springs and timber > Part 34
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mano Pagano
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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 .- Thomas 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, No- vember 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 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 aeres for a Lunatic Asylum ; eight acres for four Common Schools;
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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 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 thou- sand 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 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 permament 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
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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 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 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 scat 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 mect 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 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
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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- eisco, 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 Aet 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 mueh dissatisfaction among the members.
The Legislature first sat at Vallejo on January 5, 1852, but there was wanting the attraetion 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 unanimity bordering on the marvelous, passed a bill to remove the session to that eity, ball tickets and theater tickets being tendered to the members in reekless 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 upon any consideration. Senator Anderson, it is said, passed a sleepless night through the presence of unpleasant insects in his eoueh; 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. Onee 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 earted off to the latter town for the remaining portion of the session, when a bill was passed to fix the capital of the State at Sacramento, and thereafter elinched by large appro-
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priations for building the present magnificent capitol there. The last sitting of the Legislature was held on February 4, 1853, when it was resolved to meet at Benicia on the 11th of the month, the vote then taken being as follows: Ayes-Messrs. Baird, Denver, Estill, Hager, Hubbs, Hudspeth, Keene, Lind, Lott, Lyons, Mckibben, Roach, Smith, Snyder, Sprague, Wade, Wombough-17. Nays-Crabb, Cofforth, Foster, Gruwell, Ralston, Walkup-6.
But to return to our particular subject. During the first session at San José but little was done beyond dividing the State into counties, and organ- izing their governments. At this time, Robert Hopkins was elected District Judge and Assemblyman, J. E. Brackett Major-General of the second division of militia. Mr. Hopkins, who with the Hon. George Pearce had been appointed a committee to visit the capital in order to prevent, if possible, the establishment of a boundary line which would include the Sonoma valley in Napa county, was a resident lawyer of Sonoma. On arrival at San José, the question of appointing a Judge for the Sonoma district was attracting attention, and the only candidate was W. R. Turner, who, though a gentle- man of capabilities, did not reside there, and probably had never visited the spot. Pearce proposed to Hopkins to run for the office; he allowed himself to be put in nomination, and beat Turner, who knew not of opposition, just as he was putting forth his hand to seize the prize. The vote was unanimous for Hopkins, and Turner received some other district. Pearce went to San José for one purpose and accomplished another, while Hopkins came back a full-fledged Judge of a most important district.
The State of California was admitted into the Union on September 9, 1850, and on January 6, 1851, the second Legislature met at San José. Martin E. Cook, at this session, represented the Eleventh Senatorial District, which was composed of the counties of Sonoma, Solano, Napa, Marin, Colusa, Yolo, and Trinity-in short, all that territory west of the Sacra- mento river, while in the lower house Marin, Napa, Sonoma and Solano was represented by John A. Bradford and A. Stearns.
On September 3, 1851, the first gubernatorial election was held under the new order of things. In this contest, John Bigler, who received twenty- three thousand seven hundred and seventy-four votes in the State, against twenty-two thousand seven hundred and thirty-three got by P. B. Redding, his Whig opponent, had the assistance of that new power which had com- menced to creep into the State in the shape of the squatting element. He was democratic in his manners, being " hale-fellow " with all. Not so his opponent, who was a gentleman of more genteel bearing than the kind- hearted, unambitious, landless Governor, who was always mindful of his friends. Bigler, in all his messages, urged economy, but found it difficult to prevent an office being made for a friend. Tuthill remarks: " It was his pet project to unite the Southern and Western men of his party, and let the
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free-soilers shift for themselves; but it is not in that direction that party cleavage runs. The Southerners scorned the alliance. They were 'high- toned,' and looked down upon a Missourian as little better than a man from Massachusetts. The Governor's project would not work. He carried water on both shoulders and spilt very little on either side."
By an Act of the Legislature, passed February 18, 1850, Mendocino county was directed to be attached to Sonoma for judicial purposes. By the Act of March 11, 1851, she was, with Sonoma, Solano, Napa and Marin, organ- ized into the Seventh Judicial District; on May Ist, of the same year, with the counties of Marin and Sonoma, Mendocino was established as the Nine- teenth Senatorial District to elect one Senator jointly, Marin and Mendocino sending one member to the Assembly, while by the Act of May, 1853, these counties were reorganized into the Eleventh Senatorial District. The last- mentioned arrangement would appear to have remained in force until May 18, 1861, when the Tenth Senatorial District was formed out of Marin and Contra Costa counties, these having the power to elect one Senator and each of them one Member of Assembly, the former of whom was allotted as being of the first class in accordance with the Act of the Legislature dated April 27, 1863. Once more, March 16, 1874, the district was re-numbered to the Fifteenth, while on March 29, 1876, the " Act to create the Twenty-second Judicial District " was passed, it being composed of Marin, Sonoma and Mendocino counties. The appointec, until the next general election, being Jackson Temple, a gentleman whose reputation as a jurist is second to none. Under this appointment Judge Temple served two years, and succeeded himself, having been elected at the regular judicial election, without opposi- tion, for a full term of six years. He had served only two years of this term when the New Constitution was adopted. Under its provision the Courts were reorganized, the County and District Courts were abolished and Superior Courts created, and now the last Judge of the District Court, wherein was included this county, is Superior Judge of the adjoining one of Sonoma, an office to which he was elected without regard to party, by the largest majority of any candidate on the county ticket; thus we have traced the District Court from its incipience and the election of Robert Hopkins as Judge, to its abolition with Judge Jackson Temple on the Bench.
We have elsewhere mentioned the establishment of the Court of Sessions. The court for the District of Sonoma held its first meeting in 1850, the judi- cial body being composed as follows: A. A. Green, County Judge, and Charles Hudspeth and Peter Campbell Associates. In 1851, Judge Green died, when Martin E. Cook was appointed, but he declined to serve, and W. O. King was chosen then to fill the office, and he held one term of court.
In November, 1851, the Hon. C. P. Wilkins succeeded Judge Green as County Judge; Israel Brochman was Sheriff, and Dr. John Hendley, County Clerk and Recorder. In 1852, on July 8th, we find the first record of pro-
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ceedings of the Court of Sessions extant among the archives at Santa Rosa, when Judge C. P.Wilkins was present with Peter Campbell and J. M. Miller a his Associates. J. Hendley was Clerk, and J. A. Reynolds was. Under- Sheriff. The following names comprise the Grand Jury at that session of the court :- W. D. Kent, J. D. George, Alexander Spect, Samuel Havens, H. N. Ryder, Josiah Wilkins, James Crenshaw, J. P. Thrasher, A. C. Hollishead, J. W. Davis, George Smith, Arnold Hutten, Edward Beasley, George Edger- ton, John Smith, Benjamin Mitchell, H. L. Kamp, J. M. Gilliland, Robert Anderson, George B. Farrar, Hosea Norris, and Leonard Dodge. We have reproduced this list of names, not because there was any political significance in them, but because we desire to preserve to the public as far as possible, the names of all the pioneers of that long ago time away back in the early fifties. October 3d of that year, Phillip R. Thompson and A. C. Goodwin were appointed Associate Justices in place of the two gentlemen mentioned above whose terms had expired.
The first Board of Supervisors for the county, met at Sonoma, July 5, 1852, and took charge of those affairs not coming within the immediate duties of the Court of Sessions. The members were D. O. Shattuck, William A. Hereford of the Santa Rosa district, Leonard P. Hanson and James Singley, the first named being elected chairman of the Board. At the Presidential election in the fall of this year, E. W. Mckinstry was elected District Judge; J. M. Hudspeth, State Senator, and H. S. Ewing and James McKamy, Assemblymen.
In the fall of 1853 the Democratic convention met at Santa Rosa, and nominated Joe Hooker-then a resident of Sonoma township, known during the war of the rebellion as "Fighting Joe," since deceased-and Lindsay Carson for the Assembly, and a full county ticket. The settler's convention met August 6th and nominated a full ticket, headed by James N. Bennett and Judge Robert Hopkins for the Assembly. When the vote had been counted up after the election, which occurred September 7th, it was found that Carson was elected while Bennett and Hooker were a tie. The removal of the county seat from Sonoma to Santa Rosa, did not enter very greatly into the contest during the first election though such a proposition was openly dis- cussed. Another election was held October 29th, and the county seat matter entered into the fight as an all controlling factor. Bennett lived in Bennett's valley, and was sponsor for the same, and was supposed to represent the Santa Rosa side of the county seat question, while Hooker who lived in Sonoma, was the exponent of that side of the question. The result of the election was, that Hooker was beaten by thirteen votes, and that was the starting-point of the agitation which led to the removal of the seat of county government to Santa Rosa. Lindsay Carson resigned before the meeting of the Legislature, and another special election was held on the 23d of December, at which W. B. Hagans was elected, over the opposition of James Singley and Joseph W.
20
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Belden. Mr. Hagans is still living in Ukiah, and is one of Mendocino's most honorable and honored citizens.
Inasmuch as the officers of Sonoma county were in reality also the officers of Mendocino county up till 1859, for the sake of reference and to preserve the record to the people of Mendocino we append a full list of the officers up to that date: State Senators-1849, M. G. Vallejo; 1850-51, M. E. Cook ; 1852-3, J. M. Hudspeth; 1854-5, H. P. Heintzleman; 1856-7, A. W. Taliaferro; 1858-9, Jasper ()'Farrell. Assemblymen-1849, J. E. Brackett and J. S. Bradford ; 1850, A. Stearns and J. S. Bradford ; 1851, J. M. Huds- peth and L. W. Boggs; 1852, H. P. Ewing and James W. McKamey; 1853, J. N. Bennett and W. B. Hagans; 1854, James Stewart and James Singley ; 1855, H. G. Heald and J. S. Rathburn; 1856, Uriah Edwards and Richard Harrison ; 1857, Uriah Edwards and J. S. Ormsby ; 1858, J. B. Lamar and J. S. Robertson.
The following named persons held the offices of Justice of the Peace in and for the townships which comprised Mendocino county up to the date of separation: 1856, Simon Taylor and Martin Baechtel for Ukiah township, and John E. Chalfant and J. F. Hills for Big River township ; 1857, James E. Pettus for Ukiah Township, and G. Canning Smith and C. A. Munn, for Big River township; 1858, J. E. Pettus and I. G. Snell for Ukiah township, J. A. Hamilton and Wm. Herser for Big River township, and J. McGimpsey for ------ township.
The constables elected during that time were as follows: 1856, James Stumph and Alfred Harrick; 1857, J. Byrnes, D. Morgan and R. L. Thomp- son; 1858, J. F. Hills, J. Hawkins, and Charles Leonard.
We now pass to the first election in Mendocino county after it had attained to the dignity of an independent county. In accordance with the provisions of the Act of the Legislature which set Mendocino off to itself, the first elec- tion was held on the first Monday in May, 1859, having in view the two-fold object of electing the necessary county officers and the location of the seat of government. At this election the following list of officers were declared to have received a majority of all the votes cast: County Judge, William Henry; District Attorney, Wm. Neeley Johnson; County Clerk, G. Canning Smith; Sheriff, J. B. Price; County Surveyor, J. J. Cloud; Assessor, John Burton; Coroner, D. W. Smith ; County Treasurer, John W. Morris; Super- intendent of Public Instruction, A. L. Brayton.
We are indebted to G. Canning Smith, Esq., for the following names of opposing candidates for the several offices set opposite their names: For County Judge, "Kedge" Wilson and E. J. Munn; for County Clerk, --- Wil- liams, A. Kendall, and C. H. Veeder ; for Sheriff, - McClintock, and for Treasurer, Isaac P. Smith. The canvass for this election was very exciting, and the several candidates in the field made most strenuous efforts to be suc- cessful for they all considered not only the "loaves and fishes" of the office,
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but the honor attached to the fact of being the first man to fill the office in the county. As is well known there were no roads in the county at that time, and only trails led from place to place, hence the campaign was rendered doubly tedious, and in many cases they were called upon to undergo priva- tion and fatigue. Whiskey! Yes, they all drank whiskey in those olden days. Temperance organizations were a thing unheard of in the wilds of Mendocino county at that time. Apropos to this fact a good story is still floating around in the social atmosphere of the county which has been handed down from the days of this first campaign. All old settlers will remember a gentleman by the name of Michael Dougherty, who at one time had charge, as agent, of what was known as the " Bald Hill Reservation." Now Dough- erty's name belied him, for a stranger would take him to be an Irishman by his name, but he was no such a thing, but was a native-born Kentuckian, and a good sound Democrat, first, last and all the time. Furthermore, he was the soul of wit and good-natured jollity, which with him was always interspersed with a goodly share of old Bourbon. In the course of the canvass the candidates, who all went in a body, irrespective of party predi- lections or previous condition of circumstances, brought up at Mike's head-quarters one night. He was over-rejoiced to see them and offered them the hospitality of his home. After supper the boys got to telling yarns, and smoking and drinking a little whiskey occasionally. Mike soon discovered that there was one candidate who did not deign to touch the "crathur," and he told hin that he must not offend his dignity by refusing to drink his whiskey if he expected his or his friends' votes. Now votes were votes just at that time, so the candidate thought he could stand a drink or two, but they began to "' turn the corner" oftener and more frequently, until our friend began to feel like he had all that was well for him to imbibe, and began to plead for mercy. But Mike would not hear to any excuses, but compelled him to drink again and again until he fell asleep and could not be aroused to drink again. The others had also gotten pretty mellow, and lay stretched around the room very promiscuously. Mike then took the temperance candidate into his garden and placing him on his back, tied a rope to each wrist and fastened it to a peg in the ground, stretching out the arms at full length. He then placed a cord on each ankleandserved them likewise,and when he had the man thus stretched out and pegged down he pulled a lot of growing vegetables and covered him up with them, and thus the man spent the night, and when he was relieved from that pitiable plight the sun had been shining down upon him for sev- eral hours. Another candidate awoke from his bacchanalian slumbers to find himself in humiliating proximity to a squaw, whom it seems Mike had called from the rancheria and forced to share the bunk with the man. The others were scattered about the floor in glorious unconscious confusion, and Mike was happy, for he had gotten them all drunk.
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