USA > California > San Luis Obispo County > History of San Luis Obispo County, California, with illustrations and biographical sketches of its prominent men and pioneers > Part 35
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There appears to have been but an indifferent form of organization of Government, and but little statutory law
17
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HISTORY OF SAN LUIS OBISPO COUNTY.
previous to the adoption of the State Constitution, and, in fact, for some years after. The Alcaldes were ap- pointed by the Governor, and upon their good sense and sound judgment the people depended for their code of laws and the dispensation of justice.
THE FIRST ELECTION,
Of which the records are preserved, was under the order of General Riley, calling for the election of delegates to the Constitutional Convention, and was held August I, 1849. At the same election, the people were re- quested to vote for such officers as formerly held under Mexican laws. In San Luis Obispo, at the mission, was held the election for the district. The total vote was twenty-nine. Henry A. Tefft and José M. Covarrubias were elected delegates to the Convention, J. M. Price and Esteban Quintana, Alcaldes, and Joaquin Estrada, Regidor.
Upon the adoption of the Constitution and the election for Governor, the vote of San Luis Obispo was forty-five, given to W. S. Sherwood for Governor, and H. A. Tefft for Member of Assembly. The total vote has been given in a preceding chapter, with the organization of the State Government.
NATIONAL POLITICAL PARTIES.
The condition of politics in this section of the State it would be difficult to define. To the majority of the people, being of Spanish extraction, the national parties were enigmas, and the terms " Democrat " and " Whig," then the names of the two parties into which the people were divided, had but little significance. The State at large, governed by the great flood of immigration from the States of the East, was largely Democratic, for which abundant reasons could be given, but what policy should govern the native, the conquered, population of the southern coast was not so evident. In the first elections, 1849, political lines were not drawn, nor in 1850, but in 1851 nominations were made by Democrats and Whigs for the State offices, the Democratic party winning by a majority of 539. The national Government, with its machinery for the management of elections, was in the hands of the Whigs, and with such aid the strength of the party was shown. The recent immigrants had gen- erally brought their politics with them, but many changed upon arriving and learning the sentiment prevailing in California.
CALIFORNIA DEMOCRATIC.
The war of conquest had been a Democratic measure, intended for the extension of slavery, but as it had re- sulted in the addition of a rich gold-mining region to the Union, and which had become free to all to enter and gather the precious metal, the object of the slavery pro- pagandists was forgotten, and the Democrats were ap- plauded.
THE WHIG POLICY.
Questions of national polity subsequently arose which still more strengthened the Democratic party of California. The national election of 1848 had resulted in the success
of the Whig party, raising Gen. Zachary Taylor to the Presidency, and Millard Fillmore to the Vice-Presidency, and in March, 1849, the Whig administration went into power. The principles of that party were greatly that of a paternal Government, protection to home industry, de- veloping the resources of the country by national aid, and partaking of the profits of labor or of enterprise. With these principles the gold mines of California were regarded as the rightful property of the Government, from which it was its duty to raise a large revenue. The me- diæval principle prevailed, of the nation-or the king -- being the exclusive owner of the royal metals, as gold and silver were designated, and that no hardship could be supposed to attend the assertion of that ownership. Many plans were urged to obtain the Government's dues from the miners, who were regarded as trespassers, and the subject formed important features in the messages of Presidents Taylor and Fillmore. Superintendents were suggested, to be sent from the East with corps of Sur- veyors, all under large salaries to place them above temp- tation of corruption, these to mark the claims into plots, to grant leases, receive the gold, and superintend mining .* The theory was that the nation had bought of or taken from Mexico a gold mine, of which the people were the stockholders, and the Cabinet at Washington the di- rectors, and all were to be made wealthy by its develop- ment.
Hon. John M. Clayton, Secretary of State, in April, 1849, dispatched Col. T. Butler King, a prominent Whig politician, to California, as agent of the United States, to inquire into the state of affairs and report to the Gov- ernment. This investigation was intended as a basis of action regarding California. In accordance with the views of the Whig Party, the report of Colonel King was based on the idea of national ownership and occupancy of all lands producing the " royal " metals, and a part- nership in mining.
The Democratic Party opposed this policy, and thus added to its popularity in California. There was much " splitting of hairs," a contention upon narrow lines, and much demagoguery, more in accordance with the mod- ern political tactics of " fillibustering " than a settled line of policy that prevented the adoption of the Whig pol- icy until, at last, the miners of California had passed beyond Governmental interference and a new, American policy was adopted which dethroned gold and silver from their "royal" seat. In addition, the Democratic apothegm, "The people who are the least governed are the best governed," was very acceptable to the manly and self-reliant class who took possession of the country and organized a State Government.
POLITICS IN SAN LUIS OBISPO.
Such are the apparent reasons why California, in the first years of American occupation, was pre-eminently Democratic. But the class of people most influenced by these reasons had not, at that period, become numer- ous in San Luis Obispo and neighboring counties. The
* Col. R. B. Mason's Report, June 1848.
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POLITICAL HISTORY OF THE COUNTY.
presumption is that there was a feeling of antagonism between the pastoral people of the coast and the over- whelming influence of the mining counties, and the poli- tics of one would be opposed by the other; or the acci- dent of some influential Whigs locating in the county and directing the vote of those who were indifferent to parties. The Spanish people were, moreover, accus- tomed to a paternal government, to which the Whig pol- icy greatly inclined, and quite naturally they voted with that party. This is shown by the vote of 1851, the first in which party lines were drawn in the State. The Dem- ocrats nominated John Bigler for Governor, and the Whigs nominated Pearson B. Reading, the latter for a number of years a resident of California, a large ranchero and formerly a Mexican citizen. At that election the vote of San Luis Obispo was 8 for Bigler, and 58 for Reading, the Whig candidate. This was the lowest vote of any county, that of San Diego being next, 164, Santa Barbara 205, the total vote of the State being 46,- 009. Perhaps politics had nothing to do with this large Whig majority, but his being one known to the people may have brought the vote to Reading. At the succeed- ing election, in 1852, the Whig candidate also received the majority, it being for President of the United States. Gen. Winfield Scott, the Whig candidate, received 112 of San Luis Obispo's vote, and Franklin Pierce, the Democratic nominee, received 11 votes. In 1853, Wil- liam Waldo was the Whig candidate for Governor, and San Luis Obispo gave him 137 votes, and for John Bigler 9 votes, showing the county still to be strongly Whig. But the detail of the elections and the political changes will be shown further on.
The political history of the county so blends, and is so governed by that of the State that one cannot be made intelligible without much mention of the other, and in doing this we may be charged with burdening our work with too extended details. There has never been written a political history of California, and, therefore, mention of political events beyond the limits of San Luis Obispo County, with which it was and is intimately connected, will be instructive and not out of place.
COUNTY GOVERNMENT ORGANIZED.
The Legislature of 1850 provided for the organization of counties in the very simplest manner. It was made the duty of each Prefect, immediately after the passage of the Act, or upon receiving notice of it, to designate a suitable number of election precincts, and, at the same time, to give notice to voters to assemble on the first Monday of April, 1850, and vote for the following officers: One Clerk of the Supreme Court, one District Attorney for each Judicial District, one County Judge, one County Clerk, one County Attorney, one County Surveyor, one Sheriff, one Recorder, one Coroner, one Assessor, and one County Treasurer. The people assembling at the place designated, were to select one to act as Inspector of Election, and he was to appoint two Judges and two Clerks of Election, and administer to them the oath to perform their duties truly. If the Prefect had not desig- nated any election precinct, then, if thirty people were
present, they could organize one, and proceed with the election. The officers would take their positions imme- diately after the election, and the county government was organized.
There was no appointing of commissioners, nor call- ing of conventions; but the people acted of their own will, and simply and directly accomplished their purpose. The election was held April 14, 1850.
J. Mariano Bonilla was elected County Judge; Henry J. Dally, Sheriff; Charles James Freeman, County Clerk; Joaquin Estrada, County Recorder; John Wilson, County Treasurer and Collector; Joseph Warren and Jesus Luna were elected Justices of the Peace.
The Statute creating the courts authorized the Court of Sessions to order elections to fill vacancies, and also to temporarily fill the same. The Court of Sessions was to consist of the County Judge and two Justices of the Peace. These being in existence, the court was held, the first session being in July, 1850, and appointed Francis Z. Branch, Assessor; Wm. Hutton, County Sur- veyor, and William Stenner, Harbor Master. Joaquin Estrada resigned the office of County Recorder, and Stephen Purdie was appointed by the court; and in Au- gust, Purdie resigned, and S. A. Pollard was appointed in his stead.
In October, Joseph Warren was allowed to leave on a visit, and S. A. Pollard was appointed Justice of the Peace, pro tem, but in November, Warren resigned, and Louis Raggio was appointed in his place.
Gabriel Salazar was appointed Juez de Campo, or Judge of the Plains, an office usual under Spanish rule, but new to the American system. The Judge of the Plains had supervision of the driving, killing, branding, ownership, and other questions relating to cattle, and, in the great stock ranges of the southern counties, was an important officer. There were several in San Luis Obispo County.
In August, 1850, the Court of Sessions appointed Tomas Herrera, Superintendent of Water.
RECORDS OF THE COURT OF SESSIONS.
The early records were kept in the Spanish language- when kept at all-in small books resembling the writing- books of children at school, and from them no full and connected account can be gathered. The names, as well as records, are in Spanish, and we find accounts in 1849, of Enrique Dally por sueldo de Sheriff a razon de $20 men- sates, or at the rate of $20.00 per month. In April follow- ing, Enrique Dally becomes Henry J. Dally, Sheriff. José Warren, Juez de Paz, becomes Joseph Warren, Justice of the Peace. The proceedings of the court and all accounts were for some years conducted in Spanish, that being the only language spoken by the great majority of the people, and the officers and juries of the courts. An interpreter was required if any one were present igno- rant of the language, as one is at the present time when native Californians are interested, who have not learned the English language.
EXTRAORDINARY AUTHORITY ASSUMED.
The records of the Court of Sessions show the great
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HISTORY OF SAN LUIS OBISPO COUNTY.
scope of authority assumed by that body, and customs that seem strange to the very different class of people who occupy the land at the present time.
The second meeting of the court was held August 12, 1850, which, in the language of the records, was "to judicate on the cases brought before them, to wit: a criminal case between the State vs. Marquez, and another case of Terrano vs. Gallego, in which sentence was passed on the former of three months' imprisonment and fine of $100 and costs; in the second case, damages and costs to the amount of $80.00."
The convicted Pedro Marquez appears to have been mprisoned on a ranch, probably as a vaquero, as at a later day he is required to bring certificates from Juan Price and Guillermo Dana of the days he had worked on their ranchos, and also on the rancho of Don Luis Burton. It is presumed he worked out his imprisonment and fine.
William Hutton petitioned the court for license to survey and make a plan of the town of San Luis Obispo, and full authority was granted him to do so. He was directed to lay out the main street twenty yards wide and all other streets fifteen yards wide, and the town was declared to extend to the limit of the lots.
Charles J. Freeman petitioned to inquire into the legality of his appointment as Deputy Tax-Collector by John Wilson, Treasurer and ex-officio Collector, and he was given authority to collect and give receipts for taxes.
At the meeting of August 20, 1850, the question came before the court of providing for a Court House and jail. The mission buildings were regarded as belonging to the public, and one of the rooms opening on the corridor was used as a court-room, another as a jail, and others for various offices, the chapel and adjoining rooms being in the possession of the priest as previously ordered by Secretary Halleck. The principal part of the buildings, however, were claimed as the property of Capt. John Wilson, who with his partner, Scott, and others, had become the purchaser, under the order of sale by Gov- ernor Micheltorena. It was ordered that a contract be made for needed repairs under the supervision of the County Judge.
The court assumed extraordinary powers as legisla- tors and directors of the conduct of the people. The following extracts from the records is the simplest method of presenting the course of procedure and con- dition of affairs at that time :-
Resolved, That there be formed a code by which the roads be put in repair; obliging all inhabitants to assist in the repairs-the said law to be formed and put in effect on the next session of this court.
Resolved, That the road made by passengers, formed from the entrance of the Cuesta to the Nipomo road, be stopped, and public notice of the same be given, and a fine be called for of $10.00 for each offense.
Resolved, That a license for gambling be granted to whatever tavern-keeper who may require it for one month, to be paid beforehand, and that no license be granted but to a resident tavern-keeper; that the license be $15.00 a month for gambling and $5.00 a month for his tavern be collected; he, the said tavern-keeper, shall have rules placed in his house in Spanish and English,
that no excuse may be received for ignorance of the aforesaid law, that the said license be recovered by a Justice of Peace.
Resolved, That all licenses not provided for shall be of $5.00 a month, to be paid beforehand; that all licenses and monies received by the Justice of Peace shall be paid to the County Auditor who will remit to the Treasurer.
Resolved, That a Judge of the county for cattle be appointed, and that Gabriel Salazar shall be Judge; that he shall supervise all cattle killing by inhabitants of this town; that he shall see that all rodeos be properly con- ducted, and that all rodeos in this county be called by the said Judge at the time appointed by the court; that he shall have supervision of all irons and ear-marks. In consideration of which he, the said Judge, shall receive $15.00 per month, and the use of all animals unclaimed for the purpose of the county.
Resolved, That a Superintendent of Water for the pur- pose of irrigation be appointed, and that Tomas Herrera be the Superintendent. His duties shall be that he summon all who have right of water to keep in order the dam and canals; that he shall advise all that they have certain days for the use of the water, and shall have power to recover a fine of $5.00 from each who shall either take the water out of his turn or disobey the orders of the Superintendent.
Resolved, That the right of water shall commence with the one who has his ground farthest from the dam, and shall proceed according to their rotation; that each 100 varas of land shall be entitled to two days' water, that is to say, forty-eight hours to be taken in succession.
Resolved, That all cattle killed by this town shall be in the ground fixed on by this court, and that the same be published. Whoever shall disobey this order shall be fined by the Juez de Campo; for the first offense shall be $5.00, for the second, $20.00.
Resolved, That the streets be kept clean by the inhab- itants of the town; that all shall have their fronts, that is to say the foot-paths in front of their houses and occupa- tions, swept by 8 o'clock on Saturday mornings or be subject to a fine of $2.00. That on Saturdays the Jus- tice of the Peace shall see that a cart and two men be ready to clean the streets, and that they shall clean the same and carry the dirt out of town.
Resolved, That the Constable receive $20.00 a month for his salary, and that he shall fulfill the duties of Consta- ble under the authority of the Justices, or Judges, or any who have authority over him. Orders given that the men necessary to watch the prisoner Francisco Garcia be paid the sum of $2.00 each for each night.
Resolved, That all rancheros shall give two rodeos in the year, the first to commence in April, and the second in July, to begin with the rancho of Guadalupe, who shall hold his rodeo the second Monday in April; of Nipomo on the second Thursday of same month; Luis Burton, on the third Monday; Branch, Thursday and Friday; Juan Price, fourth Tuesday; Villa, fourth Monday; Avila, fourth Thursday; Juan Wilson, first Monday of May; Victor Linares, fourth Friday; Priest, fourth Saturday; Jesus Pico, first Thursday; Julian Estrada, second Monday; Rafael Villa, second Tuesday; Estrada, third Wednesday, and the community of San Luis, fourth Monday.
Resolved, That no ranchero shall make a rodeo for the purpose of marking with iron, or the ear, or otherwise, without advising his neighbors, and also the Judge of Animals of San Luis, at least two days beforehand.
Resolved, That all persons who have animals marked, or who possess a brand, shall, before the last day of Sep- tember, have the same registered in the office of the County Clerk, also, that every ear-mark shall in same
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POLITICAL HISTORY OF THE COUNTY.
manner be registered, the brand burnt in a piece of hide, and the ear-mark cut in the same, or a fine will be put of five dollars.
Resolved, That no person shall have more than ten head of neat cattle and five horses on the public lands; and if more are found on the said lands, they will be claimed for the property of the county; this law to take effect two months from this date.
Resolved, That no traveler from the mines or other part, who is a stranger and foreigner, or native, shall, after this, advise a Justice of the Peace, on their arrival, that it is their intention to remain in this place, with a statement where they live.
MONDAY, September 21, 1850. Resolved, That the laws be published which were passed in the sessions past.
Resolved, That a portion of town lands be put in the power of Judge of the county, for the express purpose of forming a town of Indians, the said lands being only on trust and not given, and that all Indians who have no masters shall come and live on these lands.
Resolved, That the law of contract regarding Indians, be published and that the contracts be made at once; and for noncompliance any debt an Indian may owe cannot be recovered from his master.
Resolved, That the people of this county be sum- moned without delay to mend the roads of the county.
THE FIRST SUNDAV LAW.
Resolved, That the sale of liquors to Indians be re- stricted to Sundays after church until sundown, and not allow the liquor to be drunk on their premises, but to take it to a public place designated by the Judge.
The last resolution was probably the first "Sunday law" ever. passed in this State, but will, however, hardly be taken as a precedent upon which to base Sunday laws at the present time. It was a considerate indulgence to the poor Indian that he might get drunk on Sunday, provided he would pay such respect to the church as to postpone his revelry until after services. The Christianized savage was thus taught to keep the record of the week, to know when Sunday came, and to take an interest in the church services, particularly the close. The Indians appear to have been regarded as of such a distinct class as to re- quire special laws to govern them, and placed under the guardianship of the County Judge, who allotted them places of residence, contracted for their labor, and directed where they might get drunk.
The court had its own way of settling land titles, taking all questions relating to the people under its supervision. In January, 1851, it directed that "the widow of the late Olivie Deleissigues, nacio Concepcion Borronda, be writ- ten to that she may have her land, called the potrero, measured and surveyed, as the spare ground is sought as settlement, and cannot be occupied until the said farm be measured to know its boundary."
All Justices of the Peace were required to give a bond of $1,000, before entering upon the duties of their offices. At that date Jesus Luna, Mariano G. Lascano, and Luis Raggio were Justices. On the 18th of February, 1851, an election was held, by order of the Court of Sessions, in the town of San Luis Obispo, to fill vacancies in the offices of Justice of the Peace, and Bernardo Lascano
and William L. Beebee, each receiving eighteen votes, being a majority over all others, were declared elected.
Charles J. Freeman having resigned the office of County Clerk, Samuel A. Pollard was appointed by the Court. During the year 185 1, we find Jose de Jesus Pico, Henry M. Osgood, Wm. A. Streeter, and Jesus Luna, Justices of the Peace, and in October O. M. Brown was appointed Dis- trict Attorney by the Court of Sessions to hold until the next election.
ELECTION IN 1850.
A general election was held in September, 1850, for choosing two members of Congress, a member of the As- sembly, and county officers. Joseph W. McCorkle and E. C. Marshall were elected to Congress; Charles J. Free- man was elected to the Assembly; John M. Price, County Judge; Wm. G. Dana, Treasurer; Henry J. Dally, Sheriff; James D. Hutton, Clerk; William R. Hutton, County Surveyor (resigned August 4, 1851), and S. A. Pollard, Public Administrator. Judge Price resigned in August, 1851, and September 8, Wm. J. Graves was appointed County Judge.
DISTRICT COURT.
By the provision of the Constitution the Legislature, at its first session, was required to elect in joint convention Judges for each judicial district. The counties of San Luis Obispo and Santa Barbara were made the Second District, and Henry A. Tefft was elected. The first term was for two years, from the first of January after tak- ing the office, and subsequent terms of six years. Judge Tefft held the office until his death, which occurred by accidental drowning in the harbor of San Luis Obispo, February 6, 1852, in attempting to land from the steamer while returning from holding court in Santa Bar- bara.
Joaquin Carrillo, of Santa Barbara, then County Judge of that county, was appointed Judge of the Second Ju- dicial District, to fill the vacancy caused by the death of Judge Tefft, and was subsequently elected to the same position, which, by appointment and successive elections he held for twelve years.
JUDGES OF THE PLAINS.
The first mention of any other township than San Luis Obispo is in the records of the Court of Sessions upon the occasion of the appointment of Judges of the Plains, and prescribing their duties. The court met for this purpose August 4, 1851, and was composed of John M. Price, County Judge, and William L. Beebee and Jesus Luna, Associate Judges. The following order was made :-
Ordered, that the following persons are hereby ap- pointed Judges of the Plains within this county for the townships respectively as follows: For the township of San Luis Obispo, Josó Olevera, Ist Judge; for the town- ship of San Luis Obispo, Dolores Herrera, 2d Judge; for the township of Nipomo, Francisco Branch; for the township of Nipomo, Dreago Olevera; for the township of 3d Precinct, Jose Vasquez, and Petronilo Rios.
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