USA > California > Santa Clara County > History of Santa Clara County, California : including its geography, geology, topography, climatography and description > Part 40
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We have seen that the premises occupied by the Legislature were pur- chased from the trustees, Aram, Belden and Reed, for the sum of thirty-four
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thousand dollars payable within six months, with interest at the rate of six per cent. per month. The Legislature passed an appropriation of fifty thousand dollars to pay for the building, and bonds were issued for that amount and for that purpose, bearing interest at two and a half per cent. per month. In this regard it was introduced by Dr. Cory and resolved by the Mayer and Common Council August 19, 1850, " That the Trustees of whom the city purchased the City Hall, be empowered to dispose of the amount of State Scrip which was deposited in their hands as collateral secu- rity, to the best possible advantage, and pay the money thus realized over to Don Pedro Sainsevain in liquidation of the note he holds against the pur- chasers of said house, provided that said scrip shall not be sold for less than twenty-five per cent. discount upon the amount on the face." On September 16th, an ordinance was adopted by the Common Council, authorizing the sale of State Scrip to the amount of twelve thousand nine hundred dollars for payment of trustees of Legislative Hall; while another ordering the Treasurer to pay over to Messrs. Aram, Belden and Reed, trustees of the Leg- islative Hall, the sum of eight hundred and eighty-five dollars, in part pay- ment of the amount due them by the city, was passed; and yet another was carried directing the President of the Council to issue a draft on the City Treasurer for the sum of six hundred and eighty dollars in favor of Pedro Sainsevain to pay extra interest of two per cent. per month for the term of four months on the sum of eight thousand five hundred dollars.
Meantime the city authorities sold the property to the county, as will be shown below, for the sum of thirty-eight thousand dollars, payable in three months, but the money was not applied to liquidate the debt to Messrs. Aram, Belden and Reed, but was used for other purposes. Thereupon pro- ccedings were commenced against the city. On December 23d a summons was presented and read from the District Court of Santa Clara county, to the Mayor and Common Council, to appear within ten days and show cause, if any, why judgment should not be rendered against them in favor of J. Aram, J. Belden, and J. F. Reed, in the sum of fifty thousand dollars. Mr. Hanks then proposed a resolution instructing the City Attorney to confess judgment in the above case, after having deducted the amount paid on the debt, which, on motion of Alderman Cory, was adopted. Thus this matter rested at the end of the year 1850.
Let us now follow the steps taken in 1850 whereby the county authorities assumed the debt of the city of San Jose.
Under date June 10th, Alderman Cory presented to the Common Council the following preamble and resolutions :-
WHEREAS, It is contemplated by the authorities of the County of Santa Clara to commence, within a short period, the erection of county buildings: And, whereas, it is deemed by the Mayor and Common Council of this city,
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conducive to the best interests of this city, to aid and assist in the prosecution of said work; therefore,
Resolved, By the Mayor and Common Council of San Jose, that the Mayor be and he is hereby instructed to tender to the proper authorities of this county either the northern or the southern half of Market square as a site upon which to erect the county buildings. Resolved, That if this proposition is accepted by the county authorities, the Mayor shall make out a good and sufficient deed to the county, for that part of Market square that shall have been accepted, subject to the following conditions only: First-The county shall not infringe upon any of the streets. Second-If ever the county ceases to use the grant for county purposes for the space of one year, it shall revert to the people of the city. Third-All the county buildings shall be located upon the grant except the prison, with regard to which the county authorities may use their own pleasure." The site, however, did not suit, therefore the choice of St. James square was given to the county on July 11th. However, they must have returned to the original selection, for we find the Council, on September 2d, directing the City Attorney to make out a deed to the county for so much of Market square as is exhibited upon the plot of the city as is contained between its southern limits and a line pro- duced from the southern margin of San Antonio street to the western mar- gin of the Market place, as a site upon which to erect county buildings. The deed was refused by the county, and affairs took another turn.
On October 8th a committee was appointed consisting of the Mayor, City Attorney, with Aldermen Cory and Foster, to confer with Judge Redman to endeavor to negotiate a sale of the City Hall to the county. These trans- actions apparently came to something, for we glean from the records, under date October 21st, "It was resolved that the form of a deed granting Market place to the county of Santa Clara as a site for the public buildings, presented by the City Attorney, be authorized to be authenticated on the part of the city. And that the articles of agreement presented by the Mayor, providing for the giving of a deed for the State House and lot to the County of Santa Clara, upon the performance of certain conditions therein expressed by the County Judge, on the part of the county, be also authorized to be authen- ticated on the part of the city." The agreement reads: "J. W. Redman, County Judge and Commissioner on behalf of the county, agrees to the fol- lowing conditions, in the event the city give to him as such Judge and Com- missioner, a good and sufficient fee-simple deed to the said Market square, and also a deed for the present State House, and the lot upon which it stands: Redman agrees to reserve streets on each of the four sides of Market square, of a width not less than eighty-five feet. Second-To continue San Anto- nio street through the center of said square with the right to put the Court House on such central space. Third-To pay for the erection of the jail
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now being built under contract for the city and to pay for the repairs author- ized by the Council to be done to the State House, and to allow said State House to be used for the session of the coming Legislature, free of expense to the city ; and to permit the city to incarcerate their prisoners in the said jail until such time as the city can provide a suitable prison. Fourth-The said Redman agrees to pay the debt and interest due by the city upon the said State House, amounting on the Ist November, proximo, to thirty-four thousand six hundred and eighty dollars." It was then resolved by the Council, " That the moneys agreed to be paid by the County Judge of Santa Clara county on the part of said county to the Mayor and Common Council of the city of San Jose, arising from the proceeds of the sale of Market place, when the same be divided into lots, shall, and the same is hereby authorized to be paid to Joseph Aram, Josiah Belden and James F. Reed, Trustees in behalf of the mortgage held by themselves and others against the city of San Jose, until the said mortgage be satisfied." A com- mittee to whom was referred the sale of the State House and Market square on October 28th, reported the conclusion of negotiations, said report being adopted.
With respect to Pueblo Lands in 1850, we find that on the 231 January the Ayuntamiento enacted that the Alcalde should ascertain the amount of land in the pueblo remaining unsold, and that such should be divided into lots and offered for sale after thirty days' public notice. On January 30th, a committee of two were appointed with power to employ a competent sur- veyor to survey all the lands west of Market street, and extending from lot No. 5, south of the base line to lot No. 32, held in the name of Maria Jose Soto de Stokes. It was further ordainel that it shall be the duty of said committee to give public notice in Spanish and English to the citizens inter- ested, that all and each of them present their title or claim to the Com- missioners to be appointed by the Ayuntamiento for their approval, and when so approved, the said Commissioners shall give to each person so entitled, a certificate of the same, and upon presentation to the Alcalde of said certificate, he shall issue thereon a title to such lot or tract of land; but in no case shall the Alcalde grant more, or a better right than a quit claim of said pueblo; and be it further enacted that each and every person receiving such certificate shall pay for the expense of surveying, title and other incidental expenses. February 11th, it was resolved :-
" WHEREAS certain lots known as ' five-hundred-acre lots' have been disposed of by the preceding Ayuntamiento of the Pueblo de San Jose upon certain conditions and restrictions, which conditions have not been complied with; therefore, be it ordained by the Ayuntamiento of the Pueblo de San Jose that all the lots of land known as 'five-hundred-acre lots,' where the stipu- lations have not been complied with are hereby denounced and forfeited to the people of said pueblo."
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Owing to the straightened circumstances of the Ayuntamiento, applica- tion was made to the Governor to revoke the order prohibiting the sale of Pueblo Lands which was thus effected :-
" WHEREAS the Ayuntamiento of the Pueblo of San Jose, in a Memorial presented to the undersigned on March 2, 1850, hathshown that the munic- ipal authorities of said pueblo were in great want of funds for the support of the police of said place, and praying for the revocation of so much of the Order of the Executive of January 2, 1850, as prohibits the sale of munic- ipal lands of said pueblo. Now, therefore, I, Peter H. Burnett, Governor of the State of California, in the name and by these presents revoke and set aside the said Order of the Executive, dated the second day of January in the year of Our Lord 1850.
" Given under my hand this fourth day of March in the year of Our Lord 1850.
PETER H. BURNETT."
It may be stated that the Governor especially approved the sale of lots by letter bearing the same date. On March 9th, the Council passed the follow- ing resolutions: "That if any of the purchasers of the lands sold by order of the Ayuntamiento be legally deprived of said land by any former claim the purchase money, without interest, shall be returned to them;" and " Be it resolved by the Ayuntamiento, of the Pueblo de San Jose, that the First Alcalde be and is hereby authorized to offer or cause to be offered for public sale in the town of San Francisco all the vacant lots known as the north section of the survey ; as surveyed by Messrs. Milner and White by order of the Ayuntamiento, and be it further resolved that said Alcalde be further authorized to make out deeds in the same manner and form as the deeds made out in this pueblo, and receive the proceeds of said sale and deposit the said proceeds with Messrs. Burgoyne & Co." J. D. Hoppe was appointed to give public notice of the sale, to make the necessary arrangements, and requested to publish in the name of the Ayuntamiento, a notice to all per- sons to beware of purchasing any land laid off into lots or otherwise lying between the pueblo and Santa Clara Mission on the west side of the Guada- lupe, as the same will be claimed by the pueblo authorities under the title bearing date A. D. 1783.
The total value of taxable city property as per the assessment roll for the year 1850, was two millions, six hundred and forty-five thousand, six hun- dred and twenty-five dollars.
Now for some general history. The most exciting circumstances supposed to have occurred during the year 1850, was the reported discovery of gold in the Coyote creek. This startling intelligence was bruited abroad, on the morning of Sunday, the 3d February. There was a general stampede to the " hallowed" spot; piek-axes and shovels, pans and kettles, were incontinently seized by Senators, clerks, and loafers alike, and carried off to the mines; and
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what a result! If there was any gold it was never found, and few cared to acknowledge that they were bitten with the fever so near home. Another intense excitement was a race which took place, on All Fool's Day, between Andres Pico and a horse from Sonoma. The wager was ten thousand dollars, and was won by the foreign quadruped.
Who, among those pioneers now remaining, will forget the Fourth of July, 1850, the first celebration of Independence Day in San José? The interest felt, on the auspicious occasion, was intensified by absence from the " old folks at home," if possible made keener by the distance which separated California from the civilized world. Mr. Hall records the doings on that day, in these words: "The Hon. William Voorhees delivered the oration. James M. Jones also delivered one in Spanish, for the benefit of the Mexicans present. Mr. Sanford (lawyer from Georgia), read the Declaration of Independence. Thirteen young ladies, dressed in blue spencers and white skirts, rode on horseback, followed by the ' Eagle Guards,' commanded by Captain Thomas White; also, five hundred citizens, some on horseback, some in carriages, and some afoot, made up the National pageant, that wound its way to the south of the town, a mile or more, to the grove near the Almaden road. And there the ceremony was performed to the great pleasure and pride of the American settlers in this new country."
During this year, John W. Whisman and Ackley & Morrison established their stage lines between San Francisco and San Jose, the fare being "two ounces," or thirty-two dollars, but the roads becoming impassable, at the end of the year and early in 1851, the lines were withdrawn, and the traffic to San Francisco diverged to Alviso, where connection was made with the two steamers William Robinson and New Star. In this year, too, the first Court House, under American rule, was erected. It stood on First street, a little south of Santa Clara street and opposite Fountain alley, while the Juzgado was torn down, and the adobes, which composed its classic walls, were used in the construction of a fine house, erected at the north-east corner of Market and Santa Clara streets, on the site now occupied by the Great American Store of T. W. Spring.
In this year was started the first newspaper in the county. It was named the State Journal, and male its appearance December 19, 1850, under the editorship of James B. Devoe. It ceased to exist shortly after the adjourn- ment of the Legislature in 1851.
The year 1850 will also be remembered as that in which Mariano Her- nandez escaped from the custody of Sheriff Yontz, while being taken by that officer to the office of the County Judge. Hernandez had been indicted in another county, for the murder of John Foster, whom, it is said, he robbed of gold-dust to the amount of thirty thousand dollars, report averring that he had killed another man also. This escape resulted in the holding of an
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immense indignation meeting on First street, nearly opposite the Mansion House, and threats of dire vengeance were hurled at the Judge and Sheriff, somne being in favor of hanging both, but the assemblage dispersed without the commission of any act of violence. Crimes were more numerous in the vicinity. A Mexican was slain about three miles from town, on the Almaden road, and on December 15th, E. G. Baker, Digby B. Smith and Mr. Wood were murdered and their bodies burned in the house of Mr Bester, near the Los Gatos creek. The funeral ceremony, over the remains of the deceased, held by Mr. Brayton, was the first sermon preached in the new Presbyterian Church, which stood on the site now occupied by the handsome brick edifice on Second street.
1851 .- On the 26th of January of this year a railroad meeting was con- vened, and on February 3d the following petition was presented to the Council, and fairly evidences the spirit which then pervaded the minds of the responsible citizens of the fast-rising city : "Your petitioners would respect- fully solicit the earnest attention and consideration of Your Honorable Body in regard to the results likely to be effected by the recent passage of the Act by the Legislature for the removal of the seat of government of the State from this place. In the estimation of your petitioners it would appear, that although the evident prosperous destiny of our city cannot be defeated by the Act, yet the present rapidity of its advancement in population and size must be seriously impeded by the uncomplimentary impression which it must convey to the minds of those who have never visited our beautiful valley. Besides this, the investment of capital and the emigration of mechanics and laborers which the erection of public buildings and other improvements must necessarily have attracted here, and which in them- selves would have created life and business activity in our midst, will now be directed towards Vallejo, unless some other influential impetus can be brought to bear upon our affairs, which will oppose this ebbing tide. This your petitioners would respectfully submit can be most effectually accomplished by Your Honorable Body encouraging to the extent of your powers the execution of the recently agitated enterprise for the construction of a railroad between this place and San Francisco. This important deside- ratum would be most materially enhanced if Your Honorable Body, together with those liberal citizens of this city andl Santa Clara who so generously contributed to the proposition lately offered to the State, would consent that the substance of the said proposition-being rejected by the State- should be subscribed, at a fair valuation, to the said contemplated railroad. Your Honorable Body will at once perceive the immense advantages which must result from such a course, both to the city and individual proprietors of property in the valley; placing as it does the practicability of this scheme beyond all question, the salutary influence of which has been so ably and
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amply shown and sustained that it needs no argument of your petitioners to confirm Your petitioners would further remark that in the event of the passage of usury laws by the Legislature such an enterprise, from its unimpeachable promise would afford so alluring a temptation to capital- ists as to place its speedy completion beyond the probability of a doubt. A compliance with the above suggestion must also be plainly manifest to Your Honorable Body involves much less of sacrifice than the proposition inade to the State-the value of the subscription being passed to the credit of the parties in the railroad stock-and secure a much more important end. In hopes this may meet the approbation of Your Honorable Body, and receive that deliberation and action at your hands which the subject merits, your petitioners will; etc." Here follow the names of Charles Campbell, Davis Devine, E. D. Hammond, James B. Devoe, F. L. Post, John Barker, H. C. Melone, Lewis Post, C. T. Ryland, James F. Reed, John H. Watson, William B. Stockton, C. P. Hester, T. B. Macina, W. Van Voorhies, George W. Ba- ker, J. D. Hoppe, D. P. Belknap, Isaac Branham, W. B. Thompson, James C. Cobb, Josiah Belden, John L. Houston, A. Morrison, P. Quivey, Hart & Addis, A. F. Coddington, G. A. Dabney, A. S. Caldwell, H. C. Smith, G. B. Tingley, Lewis Cory, L. C. Wasa, A. J. Yates. Three days thereafter another memorial was presented, stating that several large meetings had been held for the purpose of organizing a Railroad Company to construct the line proposed; that an Executive Committee had been appointed to take charge of all preparatory measures for the organization of the company and the solicitating of donations of the right of way through lands; and that they now request the Council to donate and convey to the Trustees, desig- nated by the Executive Committee, on condition of the completion of the road within a reasonable time, the lots and lands heretofore proposed to be ceded to the State on condition of this place being fixed upon as the permanent seat of Government of this State, reserving therefrom the squares known as Washington and St. James squares, to be owned, held and used for the use and benefit of said company when organized; or their assigns, together with the right of way on the land of the city. The petition was subscribed to by upwards of eighty citizens.
These memorials were referred by the Common Council to a committee, who reported, through Mr. Cory, their earnest consideration of the proba- ble result of the recent transfer of the seat of Government of the State, and suggesting a subscription to a railroad, etc. They acknowledged the immense benefits that would be derived from a connection by railroad between the cities of San Francisco and San Jose, but forbore to recom- mend any subscription until the Council should be informed whether their heavy indebtedness incurred for the benefit of the State, was to be assumed by that Government or the authorities of the county. After this the matter
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of railroads would appear to have lain dormant until it was resuscitated on the 4th October, consequent upon the receipt of a petition from Davis Devine, President of the Atlantic and Pacific Railroad Company, praying the Cor- poration to grant to it the right of way through any of the alleys, streets, or publie squares of the city for the purposes connected with the construc- tion of a railroad. Mr. Aram then presented an ordinance concerning the same, which, on motion of His Honor, Mayor Belden, was referred to a select committee.
The calculations for the building of a railroad between San Francisco and San José were, at the time, based upon the amount paid out over the route for transportation and freight. It was estimated that for the seven months ending January 31, 1851, there had journeyed between the two points ten thousand five hundred passengers, who had expended the sum of one hundred and sixty-eight thousand dollars, the fare being sixteen dollars each; and two million feet of lumber to Alviso, the embarcadero, at fifteen dollars per thousand. Meeting after meeting was held, though no official action was taken. By the month of July, fifty thousand dollars had been subscribed ; in December the road had been surveyed, and a report made by the civil engineer, William J. Lewis, that was published December 26, 1851. The cost of the road was, at the time, estimated as follows: Construction of road, one million three hundred and eighty-five thousand seven hundred and twenty-six dollars and seventeen cents; buildings and fixtures, forty-nine thousand dollars; running furniture, one hundred and four thousand, four hundred dollars; total, one million five hundred and thirty-nine thousand one hundred and twenty-six dollars and seventeen cents.
We will here resume the thread of our narrative in regard to the grant- ing of salary to the Common Council, last mentioned on page 351. On Jan- uary 20, 1851, the Common Council rejected an ordinance providing for the payment of Aldermen, for their services from November 11, 1850, and, at the same session, another, providing for the salary of members of the Com- mon Council, at sixteen dollars a meeting, when in attendance, "said salary to commence in conformity with an ordinance heretofore passed," from the time of their election to office was adopted, by the following vote : Ayes- Messrs. Garrison, Shereback, and Clement; noes-Alderman Curl. On the 27th, the ordinance was returned by Mayor Belden, unsigned, with the fol- lowing remarks : " The accompanying ordinance providing for the payment of salaries to the members of the Common Council having been presented to me for approval, I deem it my duty to decline approving it for the following reasons : First, the fact that the finances of the city are at present in such . an embarrassed condition that it appears almost impossible to obtain means of liquidating the obligations already outstanding against the city; therefore it appears to me unwise, as a publie measure, to heap increased indebtedness
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upon an exhausted treasury, when there are no visible means of discharg- ing it. I think, under such circumstances, no further expense should be incurred than what is required by absolute necessity for the public good. Second, the payment of salaries to Members of the Council is a measure which I believe never was contemplated in the establishment of the munic- ipal government of the city-which is contrary to custom in all cities of which I have any knowledge-which is entirely unauthorized by any pro- visions of the City Charter, and which, I have reason to believe, was not expected by the members of the present Council at the time they were elected to office. I think, moreover, that, as an ordinance to nearly the same effect, which was passed some time since, has been recently repealed, it seems to show an inconsistency, and want of stability, in legislation, to re-enact a law soon after its annulment. If the finances of the city were in a more flourishing condition, I might not urge any objections against the Members of the Council receiving a reasonable compensation for their services; but while the city is unable to pay her debts, or furnish bread and meat to her suffering poor, I think the creation and payment of salaries not contem- plated by the City Charter, or the citizens themselves, is a measure that might be dispensed with. I, therefore, for the reasons above stated, feel compelled to return the ordinance referred to, without the sanction of my approval."
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