USA > California > Santa Clara County > History of Santa Clara County, California : including its geography, geology, topography, climatography and description > Part 17
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The present county physician is Dr. Benjamin Cory, A. M., M. D., a man who has exercised more charity and ability towards the poor of this county than any whom we know of. He is one of the oldest of the pioneers, and this work gives him eredit for the progress made in Santa Clara county since 1847. In conclusion, we will say that if every county in each State should have such accommodations for indigent siek then should the tax-payers rejoice and charity be satisfied.
THE POLITICAL HISTORY OF THE COUNTY .- We now come to the . second branch of the Legislative History of Santa Clara, namely, that which has been termed the Political History of the county. This, it is to be feared, however, may be considered a misnomer, as, in the rest of this chapter much will be found which in itself has no political significance, while a consider- able amount may be recognized as being purely political. All our informa- tion has been garnered from the records of the Court of Sessions and Board of Supervisors, who, though exercising political functions, have still author- ity over affairs non-political, therefore the remarks made below may be said to relate more to the government of the county than to its politics.
Mexican Government .- Prior to the year 1839, not much is known of the political divisions of California; on February 26th of that year, Governor Alvarado dubbed it a Department and partitioned it into three districts. In the second of these was Santa Clara county.
The government was invested in a Governor and a Departmental Assem- bly, from which was constituted the Legislative Assembly that held its ses- sions in Monterey, the then capital. In order of precedence, the political officers next to the Governor were the Prefects, having jurisdiction over dis- tricts; Sub-Prefects, Ayuntamientos or Town Councils, Alcaldes, and Justices of the Peace.
We are informed on reliable authority, the Mexican law contemplated the
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formation of a Superior Tribunal for each Department, and that provision for the establishment of such a court, with two lesser ones for California, had been made. The tribunal was to be composed of four Judges and one Attorney-General, the senior three of the former to sit upon the first, and the junior one on the second bench. This latter, known as the Court of Second Instance, heard appeals from the Court of First Instance, and had original jurisdiction in certain cases. The senior Courts sat at the capital of the Department, while that of First Instance held its sessions at the chief town in a district, where it exercised a general jurisdiction and attended to cases involving more than one hundred dollars, those for a less sum being tried by the Alcalde and Justice of the Peace.
There is no record of a Superior Tribunal ever having been established in California under the Mexican Government, and no Court of First Instance in San José, the chief town of the district, until 1849, when they were com- missioned by the authority of the United States. The first Alcalde of San José was appointed in 1845 in the person of Antonio Maria Pico, who was succeeded in the following year by Dolores Pacheco, the officer taken pris- oner by Captain Fallon, July 11, 1846, during the time of the antagonistic régime of Pio Pico against American settlers. The law was administered then in a peculiarly lax manner; fortunately or unhappily, as the case may be, lawyers had not yet penetrated into the supposed wilds of the Pacific slope. The Alcalde's word was the supremest effort of legal wisdom ; his silver-headed cane a badge of office which the most captious must respect, and could not gainsay, while, there being no prisons, it was usual to sentence the Indian to be flogged and others to be fined.
Military Government .- Between the years 1846 and 1849, the country remained under the control of the United States military. In regard to civil law it was utterly at sea. A military commander controlled affairs, but there was no government. As long as the war lasted it was only natural to expect that such would be the case, and the people were content, but after peace had been attained, and the succession of military governors remained unabated, a people who had been brought up to govern themselves, under the same flag and the same constitution, chafed that a simple change of lon- gitude should deprive them of their inalienable rights. With these views, General Riley, who succeeded General Persefer F. Smith, April 13, 1849, entirely sympathized. When it was found that Congress had adjourned without effecting anything for California, he issued a proclamation, June 3d, which was at once a call for a convention, and an official exposition of the administration's theory of the anomalous relations of California and the Union. He strove to rectify the dominant impression that California was ruled by the military. That had ceased with the termination of hostilities, and what remained was the civil government, which was vested in a Gov-
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ernor appointed by the Supreme Government, or, in default of such appoint- ment, the office was vested in the commanding military officer of the Depart ment, a Secretary, a Departmental or Territorial Legislature, a Superior Court with four Judges, a Prefect and Sub-Prefect, and a Judge of the First Instance for each district, Alcaldes, Justices of the Peace, and Town Councils. He moreover recommended the election, at the same time, of delegates to a convention to adopt either a State or Territorial Constitution, which, if acquiesced in by the people, would be submitted to Congress. The procla- mation stated the number of delegates which each district should elect, and also announced that appointments to the judiciary offices would be made after being voted for. The delegates from this district to the convention were Joseph Aram, Kimball H. Dimmick, J. D. Hoppe, Antonio M. Pico, Elam Brown, Julian Hanks, and Pedro Sainsevain.
Constitutionul Convention .- On September 1, 1849, the convention met at Monterey, Robert Semple, of Benicia, one of the delegates from the Dis- trict of Sonoma being chosen president. The session lasted six weeks; and, notwithstanding an awkward scarcity of books of reference and other nec- essary aids, much labor was performed, while the debates exhibited a marked degree of ability. In framing the original Constitution of California, slavery was forever prohibited within the jurisdiction of the State; the boundary question between Mexico and the United States was set at rest; provision for the morals and education of the people was made; a Seal of State was adopted with the motto EUREKA, and many other subjects discussed. The Constitution was duly framed, submitted to the people, and at the election held on the 13th November, ratified by them, and adopted by a vote of twelve thousand and sixty-four for, and eleven against it; there being, besides, over twelve hundred ballots that were treated as blanks, because of an informality in the printing. The vote of the District of San Jose on the occasion was five hundred and sixty-seven votes for, and none against, its adoption, while five hundred and seventeen votes were cast for Peter H. Burnett, as Governor, and thirty-six for W. S. Sherwood. The popular voice also made San José the capital; but here let us describe the preliminaries attending this consummation.
San José Made the State Capital .- During the session of the Convention, the residents of San Jose, in publie meeting assembled, elected Charles White and James F. Reed a committee to proceed to Monterey, to there use their utmost endeavors with the members to have San Jose named, in the Con- stitution, the State Capital. They found a staunch opponent at once in the person of Doctor Semple, the President, who coveted the honor for his then rising town of Benicia; he offering at the time, that if the favorers of the San José scheme would agree to permit the first session to be held at the
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former place, he doubted not but that the permanent location at the latter could be readily effected. This, however, did not suit the views of San José's plenipotentiaries, and, as if to bait the hook, they emphatically prom- ised to be ready with a suitable building by the 15th December, about the time when the Legislature should sit-a rash promise enough when is taken into consideration the fact that such an edifice had not then been completed in the town. Let us see how they redeemed their pledge. At that time there stood on the south half of lot number six, block one, range one, south of the base line-the east side of Market square-a large, adobe structure, erected in the year 1849 by Sainsevain and Rochon, which was meant by them for a hotel. This edifice, as the most suitable the town could offer for a State House, the Ayuntamiento or Town Council purposed to rent for the Legis- lature, but the price asked was so exorbitant, four thousand dollars per month, that it was deemed best to purchase the building outright ; but here the proprietors declared themselves unwilling to take the pueblo authorities as security, who were consequently placed in the two-fold dilemma of being without the requisite funds to effeet the purchase, and no credit to rent it. Happily, those citizens in whose coffers lay most of the wealth, rather than see the pristine glories attendant on the presence of the Legislature in San José glide from them, with marvelous generosity, came forward to save the honor of the delegates to the Convention, as well as the credit of the Town Council, and nineteen of them, namely, R. W. May, James F. Reed, Peter Davidson, William McCutchen, Joseph Aram, David Hickey, Charles White, F. Lightston, J. D. Hoppe, Peter Quivey, R. C. Keyes, W. H. Eddy, Benjamin Cory, K. H. Dimmiek, J. C. Cobb, P. Sainsevain, J. Belden, Isaac Branham and G. C. Cook, executed a note for the price asked, thirty-four thousand dollars with interest at the rate of eight per cent. per month from date, until paid. A conveyance was made to Messrs. Belden, Reed and Aram, who held the promises in trust for the purchasers, to be ultimately conveyed to the pueblo when it could pay for them. An appropriation of fifty thousand dollars, purchase money for the building, was made by the Legislature, and bonds bearing interest at the rate of two and one-half per cent. per month · for that amount were issued; but the credit of the new State, unfortunately, was below par, actual cash in hand was the slogan of the vendors, the bonds were sacrificed at the rate of forty cents on the dollar and the amount received thereby used in partial liquidation of the debt, the indebtedness remaining being, subsequently, the cause of vexatious and protracted litiga- tion.
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, which august body occupied the second story of the State House; but the lower portion,
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intended for the Senate, not being ready, they were relegated, for a short period, to the house of Isaac Branham, located on the south-west corner of Market square. On the opening day, there were only six Senators present; the following day, Governor Riley and his Secretary, H. W. Halleck, arrived, and, on Monday nearly all members were in their places.
Members of First Legislature .- We will now introduce to our readers a number of those of California's first Legislators, an interesting record of by-gone times :-
Senators .- David F. Douglass-Born in Sumner county, Tennessee, the Sth January, 1821. Went to Arkansas with Fulton in 1836. On the 17th March, 1839, had a fight with Dr. William Howell, in which H. was killed; imprisoned fourteen months; returned home in 1842; immigrated to Mississippi; engaged in the Choctaw speculation; moved with the Choctaws west as a clerk ; left there for Texas in Winter of 1845-6. War broke out; joined Hay's regiment; from Mexico immigrated to California, and arrived here as wagoner in December, 1848 .- M. G. Vallejo-Born in Monterey, Upper California, July 7, 1807. On the 1st January, 1825, he commenced his military career in the capacity of cadet. He served successively in the capacity of Lieutenant, Captain of Cavalry, Lieutenant-Colonel, and General Commandant of Upper California. In 1835, he went to Sonoma county and founded the town of Sonoma, giving land for the same. He was a mem- ber of Convention in 1849, and Senator in 1850 .- Elcan Heydenfeldt- Born in Charleston, South Carolina, September 15, 1821; immigrated to Alabama in 1841; from thence to Louisiana in 1844; to California in 1849. Lawyer by profession .- Pablo de la Guerra-Born in Santa Barbara, Upper California, November 29, 1819. At the age of nineteen he entered the public service. He was appointed Administrator-General " de la rentas," which position he held when California was taken by the American forces. From that time he lived a private life until he was named a member of the Convention which framed the Constitution of the State. Represents the District of Santa Barbara and San Luis Obispo in the Senate .- S. E. Woodworth-Born in the City of New York, November 15, 1815; com- menced career as a sailor A. D. 1832. Sailed from New York March 9, 1834. Entered the navy of the United States June 14, 1838. Immigrated to California, via Rocky Mountains and Oregon, April 1, 1846. Resignation accepted by Navy Department, October 29, 1849. Elected to represent the District of Monterey in the first Senate of the first Legislature of Califor- nia for the term of two years .- Thomas L. Vermeule-Born in New Jersey on the 11th June, 1814; immigrated to California November 12, 1846. Did represent San Joaquin district in the Senate. Resigned .- - W. D. Fair-Senator from the San Joaquin district, California; native of
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Virginia; immigrated to California from Mississippi in February, 1849, as " President of the Mississippi Rangers"; settled in Stockton, San Joaquin district, as an attorney-at-law .- -Elisha O. Crosby-Senator from Sac- ramento district; native of New York State; immigrated from New York December 25, 1848; aged 34 .- D. C. Broderick-Senator from San Francisco; born in Washington City, D. C., February 4, 1818; immigrated from Washington to New York City, March, 1824; left New York for California, April 17, 1849 .- E. Kirby Chamberlin, M. D .- President pro tem. of the Senate, from the District of San Diego; born in Litchfield county, Connecticut, April 24, 1805 ; emigrated from Connecticut to Onondaga county, New York, in 1815; thence to Beaver, Pennsylvania, in 1829; thence to Cincinnati, Ohio, in 1842; served as surgeon in the U. S. A. during the war with Mexico; appointed surgeon to the Boundary Line Commission, February 10, 1840; embarked from Cincinnati, Ohio, February 15; arrived in San Diego, June 1, 1849, and in San José, December 12, 1849.
- -J. Bidwell-Born in Chautauqua county, New York, 5th August, 1819; immigrated to Pennsylvania; thence to Ohio; thence to Missouri; thence in 1841 to California ; term in Senate, one year .- H. C. Robinson- Senator from Sacramento; elected November 15, 1849; born in the State of Connecticut; immigrated at an early age to Louisiana ; educated as a lawyer, but engaged in commercial pursuits ; arrived at San Francisco, February, 1849, per steamer California, the first that ever entered said port .- Benjamin S. Lippincott-Senator from San Joaquin; born in New York; emigrated February, 1846, from New Jersey ; by pursuit a merchant; elected for two years.
Assemblymen .- Elam Brown-Born in the State of New York in 1797; emigrated from Massachusetts in 1805 ; to Illinois in 1818; to Missouri, 1837, and from Platte county, in Missouri, 1846, to California .- J. S. K. Ogier-Born in Charleston, South Carolina; immigrated to New Orleans, 1845, and from there to California, December 18, 1848 .- E. B. Bateman, M. D .- Emigrated from Missouri, April, 1847; residence, Stockton, Alta California .- Edmund Randolph-Born in Richmond, Virginia; immi- grated to New Orleans, 1843; thence to California, 1849; residence, San Francisco .- E. P. Baldwin-Born in Alabama; emigrated from thence in January, 1849; arrived in California, May 1, 1850; represents San Joa- quin district; resides in Sonora, Tuolumne county .- A. P. Crittenden- Born in Lexington, Kentucky; educated in Ohio, Alabama, New York, and Pennsylvania ; settled in Texas in 1839; came to California in 1849; repre- sents the county of Los Angeles .- Alfred Wheeler-Born in the City of New York, the 30th day of April, 1820; resided in New York City until the 21st May, 1849, when he left for California. Citizen and resident of San Francisco, which district he represents .- James A. Gray, Philadel-
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phia-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 José, Santa Clara county .- Joseph C. Morehead-Born in Kentucky; immigrated to Cal- ifornia in 1846; resides at present in the County of Calaveras, San Joaquin district .- Benjamin Cory, M. D .- Born November 12, 1822; immi- grated to the Golden State in 1847; residence in the Valley of San Jose. Thos. J. Henley-Born in Indiana; family now resides in Charles- town, in that State; immigrated to California in 1849, through the South Pass ; residence at Sacramento .- José M. Covarrubias-Native of France; came to California in 1834; residence in Santa Barbara, and Repre- sentative for that district .- Elisha W. Mckinstry-Born in Detroit, Michigan ; immigrated to California in March, 1849; residence in Sacramento district, City of Sutter .- -George B. Tingley-Born August 15, 1815, Clermont county, Ohio; immigrated to Rushville, Indiana, November, 4, 1834; started to California April 4, 1849; reached there October 16th; was elected to the Assembly November 13th, from Sacramento district, and is now in Pueblo de San José.
At the start considerable dissatisfaction was felt in respect to the accom- modation offered by the State House, and only four days after its first occu- pation, George B. Tingley, a member from Sacramento, introduced a bill to remove the Legislature to Monterey. It only passed its first reading and was then consigned to the purgatory of "further action."
Governor Burnett Assumes Office .- Governor Riley resigned his guber- natorial functions to Governor Peter H. Burnett on the 20th December, 1849, and on the same date Secretary Halleck was relieved of his duties, and K. H. Dimmick appointed Judge of the Court of First Instance. On this day also Colonel J. C. Fremont received a majority of six votes, and Dr. William M. Gwin a majority of two, for the United States Senate; while at noon of the following day Governor Burnett delivered his first message.
State Capital Removed .- And now a monster enemy to the interests of San Jose appeared in the field. General Mariano Guadalupe Vallejo, a Senator from the District of Sonoma, and owning lordly possessions to the north of the San Francisco bay, addressed a memorial to the Senate, dated April 3, 1850, pointing out the advantages possessed by the site of the town of Vallejo over San Jose and other places that claimed the honor of having the State Capital. To secure the boon the General undertook to grant to the State, free of cost, twenty acres for a Capitol and grounds, with one hundred and thirty-six acres added for other State buildings, in addition to which he further proposed to donate and pay over to the State, within two years, the large sum of three hundred and seventy thousand dollars, to be
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devoted to the construction of buildings and supplying them with the necessary internal arrangements San José strove hard to retain the cov- eted prize. The citizens did everything in their power to pander to the wishes of the Legislators. Their pay, which was sixteen dollars per day, was received in State scrip, which was by no means at par value in the market; to propitiate them hotel-keepers and tradesmen consented to take the serip at that valuation, a boon which caused the dislike to San José to be consid- erably modified; yet, that was scarcely enough vis-a-vis of such splendid bids as that of Vallejo. Offers consequently poured in from all sides. The citizens of San Jose, through James F. Reed, offered four blocks of land and one hundred and sixty lots, which were to be sold for the purpose of raising funds for building the Capitol; another bid was that of Charles White, who tendered one and one-half square miles of land, situated some three miles from the center of the city, upon the condition that the State should lay it out in lots for sale, reserving a portion sufficient for buildings, and that one- third of the sum so realized should be paid to him, and the balance to be given to the State for building purposes; a third, of two hundred acres, in close proximity to the town, was made by John Townsend, who stipulated that all buildings should be placed thereon, save the Penitentiary. Excite- ment ran high; the sign of the times was watched with keen eagerness, but unhappily with no avail.
Upon receipt of General Vallejo's memorial by the Senate, a committee composed of members who possessed a thorough knowledge of the country on which his remarks bore, both geographical and topographical, 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 proposition looks more like the legacy of a mighty emperor to his people than the free dona- tion 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 Francisco, goes on to point out the necessities that should govern the site for California's capital, recapitulates the advantages pointed out in the memorial, and finally recommends the acceptance of General Vallejo's offer.
The acceptance did not pass the Senate without some opposition and con- siderable delay; however, on February 14, 1851, the Act of Removal was passed, and on May 1st of that year the Legislature held its last session in
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San José, but the archives were not moved to Vallejo until considerably later.
It is not within the province of this work to follow the Seat of Govern- ment of the State further, suffice it to say that the Legislature first sat at Vallejo January 5, 1852; seven days later it was transferred to Sacramento; January 3, 1853, it once more met at Vallejo; it was removed to Benicia February 11th of the same year, where it remained for the remaining por- tion of the session, when a bill was passed to fix the capital of the State at Sacramento, and thereafter elinehed by large appropriations for building the present magnificent Capitol there.
The capital being removed from San Jose the Town Council sold the State House for thirty-eight thousand dollars, which sum it was intended should be applied to the liquidation of the note referred to above. The money, it appears, was not so applied, therefore legal proceedings were instituted by Messrs. Aram, Belden and Reed, or their representatives, against the city, to obtain the foreclosure of a mortgage executed to them by the civic authorities in 1850, to secure the purchase of the property. A decree of foreclosure was obtained, the pueblo lands brought to the hammer and bought in by the Trustees of the plaintiffs, who had organized themselves into a land com- pany, and claimed title to all the pueblo lands, a claim which was resisted to the bitter end by the pueblo authorities.
The question of the legality of the removal was brought up in 1854 before the Supreme Court, when a majority of the Justices, Heydenfelt and Wells, held that according to law San Jose was the capital of the State, who thereupon made the following order March 27th :-
" It is ordered that the Sheriff of Santa Clara county procure in the town of San Jose, and properly arrange and furnish a court-room, Clerk's office, and consultation room, for the use of the Court. It is further ordered that the Clerk of this Court forthwith remove the records of the Court to the town of San Jose. It is further ordered that the Court will meet to deliver opinions at San Jose, on the first Monday in April, and on that day will appoint some future day of the term for the argument of cases.
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