History of Santa Barbara county, California, with illustrations and biographical sketches of its prominent men and pioneers, Part 24

Author: Mason, Jesse D; Thompson & West. 4n
Publication date: 1883
Publisher: Oakland, Cal., Thompson & West
Number of Pages: 758

USA > California > Santa Barbara County > History of Santa Barbara county, California, with illustrations and biographical sketches of its prominent men and pioneers > Part 24

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ship of land in that vicinity. Scollan came into town, acknowledged the killing of Heavey, but claimed that it was in self-defense, which, on an examination before a magistrate, was decided to be the case. If publie opinion did not justify the act, it exeused it, and he was not subject to any annoy- ance about it afterwards.

QUALIFICATIONS FOR OFFICE.

It was to be expected that the natives should elect to office those whom they had learned to reverence and obey. It mattered little to them that few of their countrymen were qualified to execute the laws. They were not only ignorant of the laws, but their whole life had been spent, not in a lawless manner, but under a code entirely different in its details if not in general results. As Justices of the Peace, they would exert a sort of advisory authority; as Constables and other peace officers, they were out of place, as they were in acting as County Clerks, Treasurers, Deputy Sheriff's, or anything that re- quired clerical functions. Many times native Cal- ifornians were elected to office, the duties of which were a total mystery, and an American deputy was an unavoidable necessity; and hence an entire change of programme in the magisterial affairs often became necessary.

It must be said, however, that the Americans themselves were not wholly qualified for putting in motion the machinery of county government. Many of them were young lawyers, making their first flights in law and logic, inflated with a sense of the responsibility of the profession, and rather unfamiliar with the practical application of the principles laid down in Blackstone and Kent. The American law system was as mysterious to the natives of California as was the famous wooden horse to the Trojans, and contained in its body as many possible evils when it was once admitted into the civil citadel.

Among those who had only a common-school edu- cation upon which to base their administrative abil- ity, the case was not less confusing. The apportion- ment of taxes, the appraisement of property, the collec- tion and disbursement of the revenue to those who had never handled more money than would pay a month's board, were quite often beyond their comprehension, as they often are of older heads. They found the county out of debt, but they soon had evidence of their want of skill in a debt of $24,000, without a public building, road, or improvement of any kind. They seemed to have adopted the principle of using money freely when it was in the treasury, and when it was not to be had to issue promises to pay.

CONSCIOUS GREATNESS.

A sense of importance characterized most of the officers under the new arrangement. To become a magistrate was to be elevated above the common people. It entitled a man to honor and respect- When the " court was in session" the dignity of the

OPERATIONS OF THE COUNTY GOVERNMENT.

magistrate had in it something awful, that was not to be trifled with. He stood in place of the great . American Government. He spoke with the author- ity of 40,000,000 of people. Behind him was the big guns and vessels and armies.

COURT AT LA GRACIOSA.

A man by the name of Green, occupying the posi- tion of magistrate, was holding an inquest over the body of a man who had been killed there. The place of meeting was at the store or saloon, which was, in fact, the only public building in the settle- ment. While the inquest was being held, one of the Arrellanes, a family of wealth and character, came in, and, stepping to the bar in accordance with the custom of the country, asked for a drink. Unaware of the awful dignity of the magistrate who was pre- siding over the cadaver, he failed to remove his hat. The watchful Justice of the Peace, however, saw the offense, and with a magisterial frown fined the Don $5.00 for contempt of court. Arrellanes very respect- fully apologized to the court, saying that he intended no disrespect; that he had often drank there, and had not considered the unusual circumstances of bav- ing a court in session. Now for the vindication of outraged dignity. In view of the eminent respect- ability of the offender, the court would remit the fine if the Don would stand treat for the crowd; so justice was placated.

LAWLESS ELEMENT AMONG THE AMERICANS.

To add to the difficulties of maintaining law and order, a strong and active element among the Amer- icans practically denied the authority of any officer, American or native. Jack Powers and his crowd, together with the Dunns, would have been trouble- some customers even in the older States, where law and order were crystalized into custom. The daring and recklessness of such men begat a kind of admir- ation among the people, which, while it could not be considered estecm, was not wholly the result of fear, but was rather the respect paid to power. It must not be thought of Santa Barbara that that place alone had hero worshipers of that kind. The respect and sympathy for the James Brothers, in Missouri, one of the oldest settled States in the Union, are more deplorable than the actions of the " hounds" in Santa Barbara. In the first case the admiration for the men extended, in some degree, all over the Union; in the latter case the demoralization was but small in comparison, and, to some extent, excusable in a country just emerging from the chaos incident to war. Santa Barbara was no worse than other Cal- ifornian towns, perhaps not quite so had as San Francisco, where the bounds had several "runs."

In the election of 1853, the roughs laid a plan to capture the whole Legislative and other officers by setting the watches and clocks around the town back, so as to organize the election boards with their own men as officers. They succeeded so well, that

there were two sets of officers returned as elected. The Legislature at the capital recognized the law- and-order officers.

The elections generally went Democratic. Huse was, however, a Whig, and oftentimes received the entire Democratic vote, the highest compliment that could be paid him.

COUNTY JAIL.

In the year 1853 measures were taken to erect a secure jait. Proposal and plins were called for. Three plans were considered, coming from M. M. Phelan, Henry Barnes and George Black, the plan of the latter being accepted. It contemplated a building 40x18} feet, made of brick, with one large cell 14x14, and several smaller ones, lined with boiler iron. The price was limited to $6,000. W. I. Box's proposal to build it was accepted, with forfeiture of $500.00 for each day beyond December 1st, that it remained uncompleted. IIenry Carnes, Isaac J. Sparks, and Antonio Ma. de la Guerra were appointed Commissioners to superintend its erection.

AUGUST 24, 1853.

Election precincts and polling places established, and officers appointed.

Township No. 1. House of Ramon Valdez, of San Buenaventura. Inspector, W. S. Morris; Judges, Ramon Valdez, Corysanto Lorenzano.

Township No. 2. Polling place, house of Valen- tine Cota. Inspector, J. P. Carr; Judges, Valentine Cota, Geronimo Ruiz.

City of Santa Barbara. Polling place, house of Don Luis Burton. Inspector, Antonio Ma. de la Guerra; Judges, Luis Carrillo, S. B. Brinkerhoff.

Township No. 3. Polling place, house of Augustin Janssens. Inspector, Augustin Janssens; Judges, José Antonio Carrillo, Gregario Lopez.

October 12, 1853, the County Court instituted measures to purchase the house of Doña Magdalena Cota, to be used as a Court House, to be paid out of the accumulated jail funds. Appraisers were ap- pointed, and notice was given that the Court wished to occupy it immediately.

The facilities for transacting judicial business were very bad. The official papers were kept in an open case with pigeon holes, so that any paper could be abstracted or destroyed with little risk. The jail was a place where a prisoner was held more upon honor than any merits of a jail as a place of forced deten- tion. The walls were adobe and the roof of tile. A stout jack-knife would enable one to dig through the walls in half an hour. A favorite way with the Indians to open an adobe corral, and take stock out, was to saw down the walls with a rawhide lariat, an Indian on each side of the wall pulling the lariat to and fro. At this time the jail-room adjoined the court-room, and did not differ from it materially in character.

October 4, 1853, the Court of Sessions appropri-

HISTORY OF SANTA BARBARA COUNTY.

ated $26.00 for the purpose of making doors and back to the case containing the county papers.

February 16, 1854, a petition was received from Francisco de la Guerra and others, praying for appointment of W. W. Twist as Sheriff, and also a communication in connection therewith, from Padres Ma. Jesus Gonzales, Antonio Jimeno, José J. Jimeno, and José de Jesus Sanchez. J. S. Smith also asked to be appointed Sheriff. The Court appointed Russel Heath as Sheriff; also Charles E. Huse as District Attorney, Heath resigning the latter position to become Sheriff.

April 3, 1854, Charles Fernald became Judge by the election of September, 1853, having held the position up to that date by virtue of an appoint- ment of Governor Bigler. Judge Carrillo, of the District Court, administered the oath.

ROADS.

The question of highways began to be more fre- quently considered. Hitherto the ordinary means of travel, beyond a Spanish cart, was on horseback. A Spanish cart would run almost anywhere, but the gradual introduction of wheeled vehicles necessitated the construction of better highways. The county was laid off into road districts corresponding with the townships. District No. 1, from the southern boundary of the county to the Rincon; District No. 2, from the Rincon to the Rancho Del Refugio; Dis- trict No. 3, to the San Luis Obispo County line. Supervisors were appointed as follows :-

San Buenaventura-Fernando Tico, Ramon Valdez, Juan Sanchez. Santa Barbara-Henry Carnes, Dan- iel Hill, Francisco de la Guerra. Santa Ynez- Augustin Janssens, José M. Ortega, Ramon Malo.

June 14th the following road-masters were ap- pointed :-

District No. 1, M. S. Mans; District No. 2, Henry J. Dally; District No. 3, I. L. Smith.

November 6, 1855, the Board of Supervisors ordered that each citizen, liable to road tax, should work five days on the public roads.

FIRST BOARD OF SUPERVISORS.

Up to 1854 the county business was transacted by the Court of Sessions. It was now entrusted to a Board of Supervisors, holding office for three years. The first Board was composed of Fernando Tico, Pablo de la Guerra, and Ramon Malo.

According to the report of the Treasurer, the amount of taxes collected in 1853 amounted to $20,172.29. This showed a considerable increase in the revenue. The receipts, beginning with 1850, were as follows :-

1850, $9,118.57; 1851, $8,691.47; 1852, $12,619.24; 1853, $20,172.29.

The receipts for 1854 fell off considerably, being but $16,412,02.

The amount of bills allowed the last year was $17,587.44, showing a deficit of $1,175.42.

ESTABLISHMENT OF THE FIRST NEWSPAPER.

Notwithstanding Santa Barbara had set up claims as a metropolis, and even, at one time, laid claim to the capital of the province, it never had a newspaper, and probably, until the coming of the Americans, never felt the want of one; in fact, none was printed throughout California, though an apology for a press and font of type, which had been used by a priest to print some religious tracts for the use of mission schools, was found at Monterey when the Americans took possession of that place.

Newspapers were not wanted. The information usually disseminated in a newspaper had no market value in California. The mission register kept a record of the births, marriages, and deaths, which made up the sum total of life. The rest, which was of consequence, was taught by the fathers, and so a newspaper was not necessary.

THE " GAZETTE."

This Santa Barbara enterprise was inaugurated by R. Hubbard, T. Dunlap, and B. W. Keep. It was independent in politics and religion, with very little local news. It contained a highly colored account of a marvelously beautiful people discovered on the island of Terra del Fuego, 3,500 feet above the level of the sea. Both men and women were remarkable for personal beauty and gentleness of manner. They lived on fruits and milk, and were hospitable and brave, with a strong belief in religion. It is quite likely that all travelers, since that time, have been induced to remain and marry among that people, as none have ever come away to tell the tale. The new postage law, making the postage three cents on letters carried 3,000 miles or less, and ten cents on all over that, was noticed. The Crimean war also received a line or two. The project of dividing Cal- ifornia into three States was also discussed, and the measure condemned. The skeletons of two men, apparently murdered, were found between the Puris- ima Ranch and Santa Rosa. The loss of the Golden Age was also announced. In an article on the pub- lic schools, Don Pablo Caracela announced that the incredible number of sixty-five children were attend- ing the public school. Considering the size of the county, that it was 150 miles on the coast, and extended from the ocean to the Sierra Nevada, and included the large islands off the coast, the number was certainly astonishing. Among the advertise- ments were hair-dressing and repairing of clothes by D. B. Streeter; Pacific Express Co., and dry goods and general merchandise, by L. T. Burton & Co .; C. V. R. Lee, Attorney at Law; Pedro C. Carrillo, Surveyor and Inspector of the Port; A. Flying & Brothers, blacksmiths.

The third page was in Spanish, and contained the same general news and a few items of Mexican and South American affairs. The fourth page contained mostly San Francisco advertisements. Price, $5.00 per year.

OPERATIONS OF THE COUNTY GOVERNMENT.

The second number contained an article on the fearful amount of crimes committed between Mon- terey and San Diego, on the lines of travel, and the discovery of more victims of the highwaymen. This was a beginning, perhaps, of the wave of pub- lic opinion, and vigorous executive measures which broke up Jack Powers' gang, for at this time he was in full career, and often made Santa Barbara his home; but it would probably have cost any man his life to have denounced Powers as a highwayman, for he had numerous friends, and, then, who knew any- thing about it? So men made it a virtue to mind their own business, and insure comparative safety by keeping a wise tongue. The absurdity of trying to keep prisoners in an adobe jail, was also the subject of a paragraph.

MILITARY COMPANY.

During the summer of 1855 a company of mounted riflemen was organized, Henry Carnes being Cap- tain, C. R. V. Lee, First Lieutenant, Charles Pierce, Second Lieutenant, G. Millhouse, Surgeon, and S. D. Johns, Secretary. The object of this was a love of military display, and, perhaps, also a probability that, in the disturbed condition of society, a military company would cause more respect for the laws and give greater security to life and property. The fre- quency of murders and the presence of numbers of persons in the town without any visible means of support, all tended to cause a general sense of inse- curity. Perhaps, too, this year was about the time when, in the change of government, the old system had ceased to awe the lawless, and the new had not become respected.

DEMOCRATIC CONVENTION, 1855.

The names of the delegates are given to show the political standing of the individuals: Township No. 1, Fernando Tico and Pacifico Sanchez. Town- ship No. 2, Carpenteria-Juan Pablo Ayala. Santa Barbara-Joaquin Carrillo, Russel Heath, José Car- rillo, José Lorenzano, Antonio Ma. de la Guerra, Pedro C. Carrillo, Juan Carrillo, Guillermo Carrillo, José Maria Covarrubias, R."G. Glenn. Township No. 3-Antonio Maria de la Guerra cast three votes for the township.

Nominations: State Senator, Pablo de la Guerra; Assemblyman, José Maria Covarrubias; Sheriff, Rus- sel Heath; County Clerk, G. D. Fisher; Assessor, N. A. Den; Treasurer, Raymundo Carrillo; County Sur- veyor, Pedro C. Carrillo.

The Whig party was in so hopeless a minority as to scarcely make any organization. At the election the 5th of September, Pablo de la Guerra received 321 votes, all others 60; Charles E. Huse, for District Attorney, received 252 votes, all others 1. The reader will perceive that the nomination for District Attor- ney on the Democratic ticket was left blank. This was to give the means of voting for Huse, who was a Whig, showing that sometimes a sense of the merit

of a man is stronger than party ties. Russel Heath received the entire vote, 377. The opposition vote varied from zero to 60. Prohibitory liquor law- Yes, 39; No, 248. In San Luis Obispo, which formed a part of the Senatorial District, Pablo de la Guerra received 145 votes, to 8 of all others.

DISCOVERY OF GOLD MINES.

Southern California was for a while the scene of as much excitement as Northern California was in 1848. Mariano Lopez, while watering his horse at a ravine on the College Farm, near the mission of Santa Ynez, picked up several particles of gold, which were forwarded to Santa Barbara and exhib- ited to the people. On the receipt of the intelli- gence, quite a number left for the place of the discovery. Gold was found in every gulch and ravine in the vicinity. John Kays, a well-known merchant of that time, visited the spot and reported that the men were making an average of $4.50 a day, which, perhaps, was quite as much as the Sierra Nevada miners averaged in the palmiest days, and thought that, with water and the machinery used in the Sierra Nevadas, the average would be at least $10.00 per day. The face of the country resembled the mining districts of the north, and the gold was much like that taken out on the North Yuba. It will be remembered that gold was discovered on this range in 1842, and worked until the retreat of Flores into Mexico in 1846. The location of the mines was about thirty miles from Santa Barbara, in a north- erly direction. The travel across the San Marcos Ranch became so annoying that the Major-domo, Lopez, put up the following notice :-

" NOTICE!

" To all persons trafficking by the road to, or by, San Marcos, that if they do not present and report themselves at the dwelling-house, and if I shall meet or find them within the limits of said rancho, shall treat them as suspicious persons, and shall have them taken prisoners and hold them responsible for the consequences.

[Signed]

" MARIANO LOPEZ."

This style was rather more than the people cared about enduring, and was likely to produce a conflict between them and the ranch owners, but Dr. Den, the owner of the rancho, published a notice in the Gazette, over his signature, that the warning was given without his knowledge or advice, while he was in San Francisco; so the speck of a war-cloud blew over. Considerable gold was taken out of the mines, but they did not prove extensive or rich, and were soon practically abandoned.

CITY GOVERNMENT.

The City Government had from time to time exer- eised the rights of removing nuisances and punishing disorderly conduct, and must needs have an income. Taxes were imposed as follows :-

100

HISTORY OF SANTA BARBARA COUNTY.

For the vending of general merchandise per month $ 1 25

Retail liquor saloons. 5 00

Traveling peddlers (footmen). 5 00

" (with wagons) 15 00

Billiard tables, each per quarter. 15 00

Ten-pin alley

7 50

Sleight-of-hand performance, theaters, circuses, etc, each exhibition 5 00

The city also passed ordinances respecting the alienation of the city lands, providing that not ex- ceeding 500 square yards should be deeded to those who had resided on the land for ten years. To those who have resided on the lands three years, the land should be deeded on payment of fifty cents per lineal yard, measuring around the tract. Lands would be sold to those who had not resided on them, for a fair consideration, to be fixed by the Council; but in no case should a tract containing more than 500 square yards be sold to one person, and then only on his erecting thereon a house containing two habitable rooms, and inclosing the lot with a. sub- stantial fence.

It will be seen that the city fathers set their faces against land speculations. Certain lots were reserved for the following purposes, viz .: Nos. 215 and 197, to be called Washington Square; Nos. 299 and 3,000, to be called Junipero Square; Nos. 58, 59, 73, 74, 84, and 89, to be a public promenade or alameda. An ordi- nance was enacted, prohibiting the carrying of deadly weapons, also closing the places of business on the Sabbath.

INDIAN AFFAIRS.

Reports got into circulation that the Government contemplated the removal or discontinuance of San Sebastian Reservation, situated in the Tejon Pass, which constituted the only protection against the depredations of the Tulare Indians, who had in for- mer times been a terror to the southern counties of California. The exposed situation of the ranches, extending, as they did, over immense extents of ter- ritory, made them particularly liable to Indian dep- redations. It was estimated that 3,000 horses were stolen in 1851-52-53. Including the adjoining coun- ties, the loss was estimated at 12,000. Life was always endangered, and frequently lost. Santa Ynez was actually stormed once, and the horses taken from the corral, while the owner and his family only saved their lives by barricading themselves in the house.

At San Cayetano a body of Indians surrounded the house, because a citizen, who had made himself obnoxious to them, was visiting there. The Indian depredations for three years for the southern coun- ties was estimated at $200,000. It was the general opinion that the breaking up of the reserve would bring about a general Indian war.

The reservation was not discontinued until some

years after, and the Indians were never again trouble- some.

BIG STORM,

[Gazette, January 13th ]

"On Monday afternoon, a little before sunset, dark and portentious clouds arose in the northwest, and before morning the heavens were overspread and some rain fell. Early on Tuesday the wind began to blow from the southeast, and continued to increase in violence during the day, and at night had become terrific, attended with frequent showers of rain. A schooner, named Eliza Thornton, which had been previously hauled up on the beach, was driven inside of a cornfield and had a hole stove in her bottom. The sloop Mazzini was unable to make an offing and was beached by her captain and considerably dam- aged. Two men who were in charge of her suc- ceeded in swimming safely to the shore. The surf rolled in with great fury, and the mad force of the waves dashed into fragments the hulks of two large vessels, the Hallowell and Pilgrim, which, for several years, have been comparatively undisturbed by the tide. Many fences have been prostrated, but no serions damage done, so far as we have yet learned, except what is above stated."

SCHOOL MATTERS IN 1856.

According to the Gazette the Spanish population of Santa Barbara County had hitherto manifested great opposition to having English taught in the common schools. This condition of affairs was changed dur- ing this season. The School Commissioners, Hill, de la Palma y Mesa and Huse, assisted by Geo. D. Fisher, County Superintendent, held an examination of teachers: Present, Mr. Baillis, Owen Connolly, Victor Mondran, and Pablo Caracela. Owen Con- nolly and Victor Mondran were permitted to teach school for one year, beginning February 1st, unless the certificates were revoked. The monthly salary of teachers was fixed at $75. The certificate of Cara- cela was revoked, to take effect January 30th inst. One appropriation of the State School Fund was lost, through failure of the County Superintendent to re- port. An attempt was made in the Legislature to rem- edy the matter and permit Santa Barbara to receive her quota. It was urged in objection, that Santa Bar- bara had no school house; that the English language was not taught there at all. The failure to report was said to be in consequence of the want of mail facilities. The teaching of English was commenced this season, and the quota due Santa Barbara was, after some difficulty, paid over. The school tax of five cents on each hundred dollars, levied in 1854, began to bear fruit, and the schools were no longer a place for a helpless and useless man to draw a com- fortable salary. Santa Barbara was particularly fortunate in having a teacher who could appreciate its beautiful surroundings. If the question should ever arise, Who discovered Santa Barbara? that is the Santa Barbara of the poets and esthetics, the fol- · lowing communications from the teacher of the only English school will forever settle the question beyond a doubt :-

101

OPERATIONS OF THE COUNTY GOVERNMENT.

" To the Honorable the Board of Commissioners and County Superintendent of Public Instruction in Santa Barbara-

"GENTLEMEN: I, and the pupils of my school, together with the people of Santa Barbara, rejoice at your entering upon the duties of your office as School Commissioners, and regard it as the advent of better times for the cause of education in this community. We therefore most cordially welcome and invite you to visit our school at as early a day as your other important duties will allow you. By your so doing we shall not only feel happy and encouraged, but also highly honored; and when you do come we hope you will not be wholly uninterested if the result should be no more than the finding of a large number of nice young ladies and gentlemen assembled together, cheerfully and eagerly pursuing useful and necessary studies.

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History of Santa Barbara county, California, with illustrations and biographical sketches of its prominent men and pioneers, Part 24

Author: Mason, Jesse D; Thompson & West. 4n Publication date: 1883 Publisher: Oakland, Cal., Thompson & West Number of Pages: 758

Author: Mason, Jesse D; Thompson & West. 4n
Publication date: 1883
Publisher: Oakland, Cal., Thompson & West
Number of Pages: 758