USA > California > Santa Clara County > History of Santa Clara County, California : including its geography, geology, topography, climatography and description > Part 14
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HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.
tenant gave not an order the carrying out of which he did not personally superintend. He divided his force into four squads, who were, on the alarm being sounded, each to press for a particular side of the breast-work, already arranged upon; if, however, the enemy should be found in a body trying to effect an entrance at any one side, then were the four divisions to rush en masse to that spot. That night Pinkney doubled the guard, and his men slept on their arms. It was his expectation to be attacked by a force immeasurably superior to him in numbers, but at dead of night Sanchez rode around the pueblo, reflected deeply, and wisely determined that to be valorous was to be discreet, therefore he withdrew his men, leaving our forces in full possession. Mr. Hall says of Lieutenant Pinkney that he was a tall well-proportioned man, over six feet high, with sandy whiskers and hair. He was as straight as an arrow, and looked the soldier all over. His very appearance showed where he would be in a hot contest. There was not a man among his little band that did not have the utmost confidence in him.
Let us now return and see how fared it with the prisoners captured near the Seventeen-mile House. To try and effect their release, the British Consul, J. A. Forbes, visited Sanchez' band, where his brother-in-law was serving, and strove to obtain the liberation of the captives, but with no success. After a good deal of palaver, however, Sanchez consented to Lieutenant Bartlett being permitted to accompany Forbes to his residence in Santa Clara, but on no account was he to be handed over to the American authorities, while, as to the other five, he was willing that they all should be surrendered to their nationals, but Captain Weber, who had, before the commencement of hostilities between the United States and Mexico, been in the service of the latter Gov- ernment, must be given up to him. Consul Forbes transmitted the result of his diplomatic mission to the commanding officer at San Francisco, who replied that he unconditionally refused such terms, and Bartlett could be returned to Sanchez.
A day of reckoning was now fast drawing nigh, for a little army with the destruction of Sanchez and his band in view, was being formed in San Fran- cisco under command of Captain Ward Marston, of the Marine Corps attached to United States Ship Savannah. The force was composed as follows Assistant Surgeon J. Duvall, Aid-de-Camp ; detachment of Marines, under Lieutenant Robert Tansil, thirty-four men ; artillery, one field-piece, six- pounder, under charge of Master William F. D. Gough, assisted by mid- shipman John Kell, ten men ; interpreter, John Pray. Mounted Company San José Volunteers, under command of Captain Charles M. Weber, Lieutenant John M. Murphy and acting Lieutenant John Reed, thirty-three men. Mounted Company of Yerba Buena Volunteers, under command of William M. Smith, Lieutenant John Rose ; with a small detachment, under Captain J. Martin, of twelve men, the whole being in the neighborhood of one hun- dred men of all arms
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THE MEXICAN WAR.
The little army marched out of San Francisco on the 29th December, their course being south ward and through the Santa Clara valley. On the morning of January 2, 1847, they came in sight of the enemy, who upon learning of their approach, had dispatched their six prisoners, on foot, for no horses for them to ride could be provided, into the mountains in charge of an escort of twelve men, who having proceeded a couple of miles, halted.
Upon the force of Americans coming up with the enemy, at ten o'clock in the morning, orders were given to open fire at two hundred yards' range which was done with telling effect, the first one or two volleys entirely break- ing the line in which Sanchez chose to fight. Finding his alignment cut in twain, Sanchez wheeled his men so as to bring each of his sections on either flank of Captain Marston's corps, but still making a retrograde movement, while the latter advanced. Ever and anon, would the desperate Colonel rally his already demoralized troops in front, and again wheel them on the flanks of his opponents, thus alternately fighting in front and on flank, but still keeping up the order of his retreat, for two or three hours.
Lieutenant Pinkney, from his fortified position in San José, hearing the firing, gave orders for the making of hundreds of cartridges, and placed everything in a state of defense, in case Sanchez should be victorious and come down on the pueblo, while he waited anxiously for news of the battle, for he believed the Americans were outnumbered, and had some doubt as to how the fortune of the day might turn; while, at the Santa Clara Mission, people crowded the roof-tops and there witnessed the engagement, to which place the retreat tended. Here Sanchez was met by Captain Aram, who sallied out to check his falling upon the settlements. Finding this new force to contend against he drew off, unwilling to renew a fight of which he had already had too much, and found his way to the Santa Cruz mountains whence he dispatched a flag of truce and a communication stating the terms on which he would surrender. The reply was, his surrender must be absolute, and notwithstanding that he said he would die first, an armistice was agreed upon and dispatches sent to the Commandant, at San Francisco, asking for instructions.
Meanwhile Lieutenant Pinkney's suspense was put to an end by the receipt of a message as to the outturn of the action, while Marston marched his men to the Santa Clara Mission, where they were received with demonstrative joy by the American ladies and children there assembled. Captain Aram now received permission to proceed in quest of certain horses which had been stolen from the American settlers in the valley, some of which he knew to be in the cavalcade of the enemy, and while engaged in this duty he was informed by Sanchez that another body of United States troops was on its way from Monterey. This information could scarcely be credited by the Captain who, ascending a commanding point, perceived the intelligence to be correct.
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HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.
This accession to the fighting strength of the Americans made Sanchez trem- ble lest he should be attacked by them, he therefore begged Aram to advance and inform them of the situation of affairs, which he did, much to the cha- grin of the new-comers, who were longing to have a brush with the enemy. This force was under the command of Captain Maddox of the United States Navy, and consisted of fifty-nine mounted sailors and marines.
The courier, sent to San Francisco, returned on the 6th with instructions to Captain Marston that the surrender of Sanchez must be unconditional, a copy of which he transmitted to the Colonel, whereupon the terms of capitu- lation were agreed upon. Another reinforcement arrived under Lieutenant Grayson on the 7th, and on the 8th Sanchez and his whole force laid down their arms, and the six anxious prisoners were returned to the hands of their countrymen. The Mexican Colonel was taken to San Francisco and held as a prisoner, for a time, on board the United States Ship Savannah, while his men were permitted to return to their respective homes, and thus the cur- tain is dropped upon the closing act in the war-like drama, as enacted in the northern part of Upper California during the hostilities between the United States and Mexico.
But one word more. The reader will naturally understand that the record of these events have been chiefly derived from works already pub- lished. This is true. We do not think it is an evil, in a volume which pur- ports to be a history, to seek the aid of those minds that have already given mature thought to an especial subject, therefore we now tender our thanks to Frederic Hall's "History of San Jose" and Mr. Lancey's contribution to The Pioneer from which a considerable portion of our information has been gleaned.
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LEGISLATIVE HISTORY.
THE LEGISLATIVE HISTORY OF SANTA CLARA COUNTY.
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ORGANIZATION-ORIGINAL COUNTY BOUNDARY-COURT OF SESSIONS-ORIGINAL TOWNSHIPS- WASHINGTON-SAN JOSE-GILROY -SANTA CLARA - REDWOOD-BOARD OF SUPERVISORS- PRESENT COUNTY BOUNDARY-PRESENT TOWNSHIPS-FREMONT-REDWOOD-GILROY-BUR- NETT-MILPITAS-ALVISO-SANTA CLARA-NEW ALMADEN-SAN JOSE-SCHOOL DISTRICTS- ELECTION DISTRICTS-ROAD DISTRICTS-COURT OF SESSIONS AND BOARD OF SUPERVISORS- POST-OFFICES-COUNTY BUILDINGS.
POLITICAL HISTORY-MEXICAN GOVERNMENT-U. S. MILITARY GOVERNMENT-CONSTITUTIONAL CONVENTION-SAN JOSE THE STATE CAPITAL-MEMBERS OF FIRST LEGISLATURE-GOVERNOR BURNETT ASSUMES OFFICE-STATE CAPITAL REMOVED-JUDICIAL DISTRICTS-COUNTY COURT -COURT OF SESSIONS-HOW COMPOSED-DEATHI OF PRESIDENT %. TAYLOR-DATE FOR ELEC- TIONS ESTABLISHED -- FINANCIAL STATEMENT-CENSUS-ROBBERY OF COUNTY TREASURY- INSTALMENT PAID FOR STATE HOUSE-DEBT OF ALAMEDA COUNTY-INDIGENT SICK-VAGRANTS -SANTA CLARA VALLEY AGRICULTURAL SOCIETY-TREASURER'S STATEMENT-SUBSCRIPTION TO SAN FRANCISCO AND SAN JOSE RAILROAD COMPANY-SAN JOSE AND ALVISO TURNPIKE COMPANY-MILITIA-AMENDMENTS TO CONSTITUTION-SANTA CRUZ GAP TURNPIKE JOINT STOCK COMPANY-POUND-SUPERVISORAL TERMS-TOWN OF SANTA CLARA INCORPORATED- MECHANICAL, AGRICULTURAL, AND MINING COLLEGE-TREASURY AGAIN ROBBED- TOWN OF GILROY INCORPORATED-STREET CARS-WATER COMPANY-SMALL-POX-DEATH OF LOUIS PREVOST-TAXATION-SEAL OF SUPERVISORS-COUNTY BONDS-ALLOWANCE FOR MILEAGE- GAME LAWS-VACCINATION-DOG TAX-ATTEMPT OF I. O. G. T. TO INCREASE TAX ON SALE OF LIQUORS-LADIES BENEVOLENT SOCIETY-BAR ASSOCIATION-RECORDS PHOTOGRAPHIED- MOTION TO LET OUT CERTAIN ROADS-TRIVIAL PROSECUTIONS-NEW CONSTITUTION-VOTE- NAMES OF DELEGATES-"JAMESTOWN "-GLANDERS -TRIBUTE OF II. PHILIP TO COUNTY OFFICERS-POLITICAL CONVENTIONS-COUNTY VOTE-TABLE OF COUNTY OFFICERS.
THE ORGANIZATION OF THE COUNTY .- The first organization of counties in the United States originated in Virginia, her early settlers becoming pro- prietors of vast amounts of land, living apart in patrician splendor, imperious in demeanor, aristocratic in feeling, and being in a measure dictators to the laboring portion of the population. It will thus be remarked that the mate- rials for the creation of towns were not at hand, voters being but sparsely distributed over a great area. The county organization was, moreover, in perfect accord with the traditions and memories of the judicial and social dignities of Great Britain, in descent from which they felt so much glory. In 1634 eight counties were established in Virginia, a lead which was fol- lowed by the Southern and several of the Northern States, save in those of South Carolina and Louisiana, where districts were outlined in the former, and parishes, after the manner of the French, in the latter.
In New England, towns were formed before counties, while counties were organized before States. Originally, the towns, or townships, exercised all the powers of government swayed by a State. The powers afterwards
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HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.
assumed by the State governments were from surrender or delegation on the part of towns. Counties were created to define the jurisdiction of courts of justice. The formation of States was a union of towns, wherein arose the representative'system; each town being represented in the State Legislature, or General Court, by delegates chosen by the freemen of the towns at their stated meetings. The first town meeting of which we can find any direct evidence, was held by the congregation of the Plymouth Colony, on March 23, 1621, for the purpose of perfecting military arrangements. At that meeting a Governor was elected for the ensuing year; and it is noticed as a coincidence, whether from that source or otherwise, that the annual town meetings in New England, and nearly all the other States, have ever since been held in the Spring of the year. It was not, however, until 1635, that the township system was adopted as a quasi corporation in Massachusetts.
The first legal enactment concerning this system provided that, Whereas, "particular towns have many things which concern only themselves, and the ordering of their own affairs, and disposing of business in their own towns; therefore the freemen of every town, or the major part of them, shall only have power to dispose of their own lands and woods, with all the appurte- nances of said towns; to grant lots and to make such orders as may concern the well ordering of their own towns, not repugnant to the laws and orders established by the General Court. They might also impose fines of not more than twenty shillings, and choose their own particular officers, as constables, surveyors for the highways, and the like." Evidently this enactment relieved the General Court of a mass of municipal details, without any danger to the powers of that body in controlling general measures of public policy. Prob- ably, also, a demand from the freemen of the towns was felt, for the control of their own home concerns.
The New England colonies were first governed by a "General Court," or Legislature, composed of a Governor and small council, which court con- sisted of the most influential inhabitants, and possessed and exercised both legislative and judicial powers, which were limited only by the wisdom of the holders. They made laws, ordered their execution, eleeted their own officers, tried and decided civil and criminal causes, enacted all man- ner of municipal regulations; and, in fact, transacted all the business of the colony.
This system which was found to be eminently successful, became general, as territory was added to the Republic, and States formed. Smaller divisions were in turn inaugurated and placed under the jurisdiction of special officers, whose numbers were increased as time developed a demand, until the sys- tem of township organization in the United States is a matter of just pride to her people.
Let us now consider this topie in regard to the especial subject under review :-
Gray
Thomas Rea
THE NEW YORK PUBLIC L MARY
ACTOR LAOX AND
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LEGISLATIVE HISTORY.
On the acquisition of California by the Government of the United States, under a treaty of peace, friendship, limits, and settlement with the Mexican Republic, dated Guadalupe Hidalgo, February 2, 1848, the boundaries of the State were defined. This treaty was ratified by the President of the United States, on March 16, 1848; exchanged at Queretaro, May 30th, and finally promulgated July 4th, of the same year, by President Polk, and attested by Secretary of State, James Buchanan. In 1849 a Constitutional Convention was assembled in Monterey, and at the close of the session, on October 12th, a proclamation calling upon the people to form a government was issued " to designate such officers as they desire to make and execute the laws; that their choice may be wisely made, and that the government so organized may secure the permanent welfare and happiness of the people of the new State, is the 'sincere and earnest wish of the present executive, who, if the Consti- tution be ratified, will with pleasure, surrender his powers to whomsoever the people may designate as his successor." This historical document bore the signatures of "B. Riley, Bvt. Brig. General |U. S. A., and Governor of California, and official -- H. W. Halleck, Bvt. Capt. and Secretary of State."
In accordance with Section fourteen of Article twelve of the Constitution, it was provided that the State be divided into counties, and Senatorial and Assembly districts, while the first session of the Legislature. which began at San José, on December 15, 1849, passed, on February 18, 1850, “ An Act subdividing the State into counties and establishing seats of justice therein." This Act was finally confirmed, April 25, 1851, and directed the boundaries of Santa Clara to be as follows :-
Original County Boundary. - Beginning at the mouth of Alameda creek, and running up the middle of said creek to its source in the Coast Range; thence in a south-easterly direction, following the summit of the Coast Range, to the north-east corner of Monterey county ; thence in a westerly direction, following the northern boundary of Monterey county, to the south-east corner of Santa Cruz county; thence in a north-westerly direction, following the summit of the Santa Cruz mountains, to the head of San Francisquito creek; thence down the middle of said creek, to its mouth; and thence in a direct line to the mouth of Alameda creek, which was the place of beginning. It was then directed that the seat of justice should be at San José.
Court of Sessions .- On April 11, 1850, An Act of the Legislature was passed, organizing a Court of Sessions, which defined its composition as follows :-
The Court consisted of the County Judge, who should preside at its sessions, assisted by two Justices of the Peace of the county as Associate Justices, they being chosen by their brother Justices from out of the whole 9
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HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.
number elected for the county. The duties imposed upon this organization were multifarious. They made such orders respecting the property of the county as they deemed expedient, in conformity with the laws of the State, and in them were vested the care and preservation of said property. They examined, settled, and allowed all accounts chargeable against the county ; directed the raising of such sums for the defraying of all expenses and charges against the county, by means of taxation on property, real and personal, such not to exceed, however, the one-half of the tax levied by the State on such property; to examine and audit the accounts of all officers having the care, management, collection and disbursement of any money belonging to the county, or appropriated by law, or otherwise, for its use and benefit. In them was the power of control and management of public roads, turnpikes, fences, canals, roads and bridges within the county, where the law did not prohibit such jurisdiction, and to make such orders as should be requisite and necessary to carry such control and management into effect; to divide the county into townships, and to create new townships, and change the division of the same as the convenience of the county should require. They established and changed election precinets; controlled and managed the property, real and personal, belonging to the county, and purchased and received donations of property for the use of the county, with this proviso, that they should not have the power to purchase any real or personal property, except such as should be absolutely necessary for the use of the county. To sell and cause to be conveyed, any real estate, goods or chattels belonging to the county, appropriating the funds of such sale to the use of the same. To cause to be erected and furnished, a Court House, jail, and other buildings, and to see that the same be kept in repair, and otherwise to perform all such other duties as should be necessary to the full discharge of the powers conferred on such court. Terms were ordered to be held on the second Monday of February, April, June, August, October and Decem- ber, with quarterly sessions on the third Monday of February, May, August and November of each year.
The first Court of Sessions of Santa Clara was organized on April 23, 1850, by J. W. Redman, County Judge, and H. C. Melone, County Clerk, when the county was divided into five townships, viz .:-
ORIGINAL TOWNSHIPS .- Washington, San Jose, Gilroy, Santa Clara, and Redwood, with the following boundaries :-
Washington .- Commencing at the old Santa Clara bridge on the Guada- lupe river, and running a north-easterly line to the county line; all north of this line bounded on the west by Guadalupe river shall constitute this township.
San José .- On the north by Washington township; on the east by the
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LEGISLATIVE HISTORY.
county line; on the south by a south-west line to the head of the Laguna south of Captain Fisher's house ; thence to the Guadalupe river so as to embrace the New Almaden mine ; thence to the county line to Grape creek ; thence down Grape creek to the Guadalupe river ; thenee down the Guada- lupe to the lower Santa Clara bridge, or place of beginning.
Gilroy .- Is composed of all that part of the county lying south of San José township.
Santa Clara .- Commencing at the Santa Cruz crossing on Grape creek, and running thence in a direct line to the " Alviso Corral;" thence in a direct line to " Rodriguez' Rancho" to the western line of the county, so as to leave "Rodriguez' " house in the "Red Woods;" thence along the county line to the Bay of San Francisco; thence along the bay to the mouth of the Guadalupe river ; thence up the Guadalupe to the mouth of Grape creek ; thence up Grape creek to the place of beginning.
Redwood .- Is composed of all that part of the county lying south-east of Santa Clara township.
In May, 1850, however, the limits of Washington township were extended so as to embrace all of Alviso, while, on August 18, 1851, the township of Redwood was abolished altogether and declared annexed to that of Santa Clara. This distribution of districts was still found to be too unwieldy, therefore out of the above-named partitions the townships of Fremont, Alviso, Burnett, and Almaden were created.
Board of Supervisors. - Thus for two years was the county and its distributions allowed to remain under the official guidance of the Court of Sessions ; but in the year 1852, a new phase of government was inaugurated in pursuance of an Act of the Legislature approved May 3d of that year. This was no less than the taking away from that august body their non-legal duties and the transfer of them to a Board of Supervisors. For Santa Clara county there were to be elected, on the second Monday in June, five of these officials, who held their first session in the Court House in San José, July 5, 1852, there being present Isaac N. Senter, Jacob Grewell, Fred. E. Whiting, and William E. Taylor, Mr. Senter being unanimously elected Chairman of the Board of Supervisors of Santa Clara county. Among the first of their recorded acts we find was the ordering that the Sheriff take charge of the Court House, and suffer no "Dances, Balls, or Shows" to be had therein, unless a sufficient sum of money be paid him therefor to employ a good and responsible man or men to watch and take care of the same during the time the house is so used.
Present County Boundary .- In accordance with a petition dated March 10, 1853, of the citizens of Santa Clara and Contra Costa, a new county was formed and called Alameda, the territory contributed by the first named
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HISTORY OF SANTA CLARA COUNTY, CALIFORNIA.
being that alluded to above as Washington township. The Act establishing the same defined the new boundaries, which obtain to-day, as: Beginning at a point opposite the mouth of the San Francisquito creek, being the common corner of Alameda, San Mateo and Santa Clara counties; thence easterly to a point at the head of a slough, which is an arm of the Bay of San Francisco at its head, making into the mainland in front of the Gegara ranchos; thence easterly to a lone sycamore tree that stands in a ravine between the dwell- ings of Fluhencia and Valentine Gegara ; thence easterly up said ravine to the top of the mountains, as surveyed by Horace A. Higley ; thence on a direct line easterly to the common corner of San Joaquin, Stanislaus. Alameda, and Santa Clara counties, on the summit of the Coast Range; thence south- easterly, following the summit of the Coast Range to the north-east corner of Monterey county ; thence westerly, following the northern boundary of Monterey county to the south-east corner of Santa Cruz county; thence north-westerly, following the summit of the Santa Cruz mountains, to the head of San Francisquito creek; thence down said creek to its mouth ; thence in a direct line to the place of beginning: the territory thus defined con- taining in all an approximate area of one thousand three hundred square miles.
Since the passage of the Act of the Legislature of which the foregoing boundaries are the substance, granite monuments have been put in position along the line separating Santa Clara from Alameda; the south line has not been materially changed, although San Benito county has been formed out "of the eastern portion of Monterey, while its eastern line, that separating it from Stanislaus, on account of excessive topographical difficulties, has never been definitely described ; hence the precise area of the county still remains a matter of some doubt.
PRESENT TOWNSHIPS .- The townships now contained within the limits of 'Santa Clara county may be described as Fremont in the north-west, Red- wood in the west, Gilroy in the south, Burnett in the east, Milpitas in the north-east, Alviso in the north, Santa Clara in the northern center, Almaden in the western center, and San José in the center and east. Save with a few siight modifications which it has been found necessary to make in late years, the boundaries of these are as follows :-
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