History of Santa Clara County California with biographical sketches, Part 8

Author: Sawyer, Eugene T
Publication date: 1922
Publisher: Los Angeles : Historic Record Co.
Number of Pages: 1934

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"Cattle and horses ran about the streets and there were no sidewalks. We just had to pick our way around as best we could.

"In the spring my piano came. It was sent by way of the Isthmus. It was the first piano in San Jose. It made a great sensation. Ev- erybody came to see it and hear my little girl play. Indians and Spanish used to crowd around the doors and windows to hear the wonderful music, and many a white man, too, lingered and listened because it reminded him of home.

"We moved into a better house in the spring, very near where the Methodist Church South afterward stood. We paid $125 a month for it. But when I look back it seems that I never had such an intellectual feast as I had in old 'Slapjack Hall'. The gentlemen who figured as cooks in my kitchen were the most

intelligent and agreeable men you can imagine. They were all educated and smart and they appeared just as much like gentlemen when they were cooking as when they were mak- ing speeches in the Legislature. I don't be- lieve we ever again had such a choice set of folks under our roof here in San Jose. Doctor and I felt honored in entertaining and yet they paid us $20 a week for the privilege.

"Of course you know General Fremont and his wife were here that winter and I knew them both. Mrs. Fremont's sister, Mrs. Jones, and I were great friends. Yes, indeed, there never were finer people than my boarders and neighbors in '49. Let me see: There were the Cooks and Hoppes and Cobbs and Joneses. the Branhams and Beldens and Hensleys and Wil- liams, the Bralys, the Westers and Crosbys, Murphys, Dickensons, Hendersons, Kincaids, Campbells, Reeds, Houghtons, Tafts and Moodys. Then amongst them were the Picos and Sunols. Very likely I have forgotten a great many, just telling them off in this fashion, but I never forgot them, really. Many of the best citizens of San Jose now, with their wives and children, yes, and grandchil- dren, were slim young fellows in those days who had come to California to seek their for- tunes. Fine, enterprising boys they were, too. Some of them boarded with me. C. T. Ryland and P. O. Minor were inmates of 'Slapjack Hall' and Dr. Cory and the Reeds will re- member it well.

"In 1852 we moved out on the Stockton ranch and bought our own farm in Santa Clara on which we built our permanent home, Som- erville Lodge. I remember we paid our head carpenter $16 a day. The house cost us $10,- 000. It would not cost $1,000 now. We bought seeds for our garden and an ounce of onion seed cost an ounce of gold. We paid $6 each for our fruit trees. A mule cost $300; a horse $400. But doctor's services were just as high- priced and so we kept even."

CHAPTER III.

San Jose as the Capital of the State-Meeting of the First Legislature-The Removal to Vallejo-Land Grants and Suertes-A Trumped-up Robbery -Settlers' War-Fourth of July Celebration.

Between the years 1846 and 1849 California remained under the control of the United States military forces. A military commander controlled affairs, but there was no real gov- ernment. As long as the war lasted it was only natural to expect that such would be the case and the people made no protest, but after peace was declared and the military rule continued much dissatisfaction was aroused. With the changed views of the people, General Riley, the military commander, entirely sympathized. When it was found that Congress had ad- journed without effecting anything for Cali- fornia, he issued a proclamation-June 3, 1849, -calling for a convention. The proclamation stated the number of delegates which each district should elect and also announced that appointments to judicial offices would be made after being voted for. The delegates from the Santa Clara Valley district were Joseph Aram, Kimball H. Dimmick, Antonio M. Pico, Elam Brown, Julian Hanks and Pedro Sain- sevain.

Constitutional Convention

On September 1, 1849, the Convention met at Monterey, Robert Semple, of Benicia, of the district of Sonoma, being chosen presi- dent. The session lasted six weeks and not- withstanding an awkward scarcity of books of reference and other necessary aids, much la- bor was performed, while the debaters exhib- ited 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 the United States and Mexico was set at rest; provision for the morals and education of the people was made; a seal of state, with the motto Eureka was adopted and many other pertinent subjects were discussed. The con- stitution was duly framed, submitted to the people and at the election on November 13 was ratified and adopted by a vote of 12,064 for and eleven against it; there being besides over 1,200 ballots that were treated as blanks because of an informality in the printing. On the occasion the vote of the district of San Jose was 567 for and none against its adop- tion, while 517 votes were cast for Peter H. Burnett for governor and thirty-six votes for

WV. S. Sherwood. The popular voice also made San Jose the capital.

During the session of the Convention, the residents of San Jose in public meeting, elect- ed Charles White and James F. Reed a com- mittee to proceed to Monterey and use their utmost endeavors to have San Jose named in the constitution as the state capital. They found a staunch opponent in Dr. Semple, the president, who coveted the honor for his home town, Benicia. But the San Joseans were not discouraged by this opposition. They prom- ised to have ready a suitable building by the 15th of December, about the time when the Legislature would be ready to sit-a rash promise when is considered the fact that such an edifice had not been completed in the town. San Jose was selected as the capital and it was now up to the residents to provide a building for the sessions. In that year there stood on the south half of lot six-the east side of Market Plaza-a large adobe structure, erected by Sainsevain and Rochon, which was meant for a hotel. This structure the town council tried to rent for the legislative ses- sion, but the price was so exorbitant-$4,000 per month-that is was deemed best to pur- chase the building ontright ; but here the pro- prietors declined to take the pueblo authori- ties as security. Now it was that the residents of means stepped in and saved the day. Nine- teen of them executed a note for the price asked, $34,000, with interest at the rate of eight per cent per month. The nineteen were R. W. May, James F. Reed, Peter Davidson, William Mccutchen, Joseph Aram, David Hickey, Charles White, Frank Lightston, J. D. Hoppe, Peter Quincy, R. C. Keyes, W. H. Eddy, Benjamin Cory, K. H. Dimmick, J. C. Cobb, P. Sainsevain, Josiah Belden, Isaac Branham and J. C. Cook. A conveyance was made to Belden, Reed and Aram, to hold the premises in trust for the purchasers. An appropria- tion of $50,000, purchase money for the build- ing, was made by the Legislature, and bonds bearing interest at the rate of two and one- half per cent per month, were issued. Un- fortunately the credit of the territory was be- low par and the bonds were sacrificed at the rate of forty cents on the dollar. The amount received by the sale was used in partial liqui-

HISTORY OF SANTA CLARA COUNTY

(lation of the debt. the indebtedness remain- ing being subsequently the cause of vexatious and protracted legislation.

First Legislature Convenes

On Saturday, December 15, 1849, the first Legislature of California met at San Jose. E. Kirby Chamberlain was 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. The lower portion, intended for use of the Senate, not being ready for occupancy, the senators were taken, for a short period, to the house of Isaac Branham, located on the southwest corner of Market Plaza. On the opening day there were only six senators present. The following day Governor Riley and his secretary, H. W. Halleck, afterward a distinguished general in the U. S. Army. arrived and on Monday nearly all the mem- bers were in their places.

At the start considerable dissatisfaction over the poor accommodations at the State House was manifested and only four days after open- ing for business George B. Tingley, a mem- ber from Sacramento, introduced a bill to move the capital to Monterey. It passed its first reading and then died a natural death.

On the twentieth of December, 1849. Gov- ernor Riley turned over his office to Governor Peter H. Burnett and on the same date Sec- retary Halleck was relieved of his duties and K. H. Dimmick was appointed Judge of the Court of First Instance.

The personnel of the first Legislature of California was as follows: Senators-David F. Douglass, MI. G. Vallejo, Elcan Heyden- feldt, Pablo de la Guerra, S. E. Woodworth, Thomas L. Vermeule, W. D. Fair, Elisha O. Crosby, D. C. Broderick, E. Kirby Chamber- lain. J. Bidwell, H. C. Robinson, B. J. Lippin- cott.

Assemblymen-Elam Brown, J. S. K. Ogier. E. B. Bateman, Edmund Randolph, E. P. Bald- win. A. P. Crittenden, Alfred Wheeler, James A. Gray, Joseph Aram, Joseph C. Morehead. Benjamin Cory, Thomas J. Henley, Jose M. Corvarrubias, Elisha W. Mckinstry, Geo. B. Tingley.

On the twentieth of December two United States senators were elected, the lucky ones being Col. John C. Fremont and Dr. William M. Givin. On the following day Governor Burnett delivered his message.

Removal of Capital

The next legislative move of importance was the attempt to remove the capital. Gen. Mariano Guadalupe Vallejo, senator from the District of Sonoma, and owning lordly acres

to the north of 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 the other places bidding for the state capital. To secure the boon the General offered to grant to the state, free of cost, twenty acres for a capitol and grounds, with 136 acres added for other state buildings; and in addition to this he agreed to donate and pay over to the state, within two years, the large sum of $370,- 000, to be devoted to the construction of build- ings and their furnishing. San Jose strove hard to retain the prize. The citizens did ev- erything in their power to make things pleas- ant for the legislators. Their pay, sixteen dol- lars a day, was received in state scrip, by no means at par value in the market. To propitiate them the hotel keepers and trades- men consented to take the scrip at its face value. This offer created a good impression but was not sufficient in force to offset the offer of Vallejo. Seeing that the tide was turn- ing against them, the San Joseans, through James F. Reed, offered four blocks of land and 160 lots, the lots to be sold to raise money . for the building of the capitol. Another bid was that of Charles White, who tendered one and one-half square miles of land, 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 bal- ance given to the state for building purposes. A third offer, of 200 acres, made by John Townsend carried the stipulation that all the state buildings, save the penitentiary, should be placed thereon.

On receipt of Gen. Vallejo's memorial to the senate, a committee was appointed, with instructions to consider all the offers made and report. On April 2, 1850, the report was made. It concluded with these words: "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 en- larged mind and a sincere public benefactor. for which he deserves the thanks of his coun- trymen and the admiration of the world. Such a proposition looks more like the legacy of a mighty emperor to his people than the free donation 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 David C. Broderick (who was killed by Judge Terry in a duel in 1859) of San Francisco, goes on to point out the necessities that should gov- ern the site for California's capital, recapitu- lates the advantages pointed out in the me-

HISTORY OF SANTA CLARA COUNTY

morial and finally recommends the acceptance of General Vallejo's offer.

The acceptance did not pass the Senate without some opposition and considerable delay. On September 9, 1850, California was admitted into the Union and on February 14, 1851, during the last session of the Legisla- ture in San Jose, the Act of Removal was passed, and on May 1 of that year the Legis- lature adjourned, but the archives were not removed to Vallejo until later. The third Legislature convened at Vallejo Jannary 5, 1852; seven days later it was transferred to Sacramento: January 3, 1853, it met again at Vallejo: it was removed to Benicia on Feb- ruary 11 of the same year, where it remained until the end of the session, and then by enact- ment the capital was permanently located at Sacramento, where it has since remained.

The question of the legality of the removal was brought up in 1854 before the Supreme Court, when a majority of the justices, Hey- denfeldt and Wells, held that according to law San Jose was the capital of the state. Thereupon the following order was made :

"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 this court to the town of San Jose. It is further ordered that the court will meet to deliver opinions at San Jose, on the 1st Monday in April, and on that day will appoint some future day of the term for the argument of cases.

"HEYDENFELDT. J. "WELLS, J. "Attest: D. K. Woodside, Clerk."

A writ of mandamus on the strength of the foregoing was issued from the Third District Court against all the state officers, command- ing that they remove their offices to San Jose or show cause why they should not do so. The argument was heard and the theory maintained that San Jose was the proper capital of the state. An appeal was taken to the Supreme Court. In the meantime Justice Wells had died, his place being filled by Jus- tice Bryant. In the appeal the Supreme Court decided that San Jose was not the state cap- ital, from which decision Justice Heydenfeldt dissented.

The first Legislature passed an act that gave San Jose its first legal incorporation un- der United States rule. The act was passed in March, 1850. and on April 11 the Ayunta- miento held its last meeting. The new com- mon council held its first meeting under the charter on the 13th.

First July 4th Celebration

The anniversary of American Independence was patriotically remembered in the first year of civil administration in California. San Jose held a grand celebration and much more in- terest was felt than on such occasions in the eastern states. Fred Hall, in his history, says : "The isolation from the other states made the feeling of national pride increase. We felt as though we were in a foreign land and the tendency was to vivify and brighten the love of the whole country in every American. On that occasion the Hon. William Voorhies de- livered the oration : James M. Jones also deliv- ered one in Spanish for the benefit of the Mexicans present. Mr. Sanford, a lawyer from Georgia, read the Declaration of Inde- pendence. Thirteen young ladies dressed in blue spencers and white skirts rode on horse- back, followed by the Eagle Guards, com- manded by Capt. Thomas White; also 500 citizens, some on horseback, some in carriages and some afoot, made up the national pageant that wound its way to the south of town, a mile or more, in the grove near the Almaden road : and there the ceremony was performed to the great pleasure and pride of the Ameri- can settlers in the new country."

Boundaries of Santa Clara County

While the Legislature was in session in San Jose the boundaries of Santa Clara County were defined. The county originally included the township of Washington, of Alameda County, but this was cut off and the county reduced to its present limits, as follows: Be- ginning at a point opposite the mouth of the San Francisquito, being the common corner of Alameda. San Mateo and Santa Clara coun- ties : thence easterly to a point at the head of a slough which is an arm of San Francisco Bay at its head, making into the mainland in front of the Gegara rancho; thence easterly to a lone sycamore tree that stands in a ravine between the dwellings of Flujencia and Valen- tine Gegara; thence easterly up said ravine to the top of the mountains as surveyed by Horace A. Higley ; thence in a direct line east- erly to the common corner of San Joaquin, Stanislaus, Alameda and Santa Clara counties on the summit of the Coast Range; thence southeasterly, following the summit of the Coast Range to the northeast corner of Mon- terey County ; thence westerly, following the northern boundary of Monterey County to the southeast corner of Santa Cruz County : thence northwesterly, 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

HISTORY OF SANTA CLARA COUNTY

place of beginning. Containing about 1,300 square miles.

The county government was first adminis- tered by the court of sessions, which held jurisdiction until 1852, when the board of su- pervisors was created. In 1854 the govern- ment again went into the hands of the court of sessions, where it remained until the next year, when the board of supervisors was re- vived to administer the affairs of the county ever since. Following is a list of those who have administered the county government from the date of organization to the present time :

On the Ist day of June, 1850, the court of sessions was organized with J. W. Redman president, and Caswell Davis and H. C. Smith associate justices.

July 5, 1850-J. W. Redman, president ; John Gilroy, Caswell Davis, associates.

August 18. 1850-J. W. Redman, president ; Charles Clayton and Caswell Davis, associates.

October 6, 1851-J. W. Redman, president ; R. B. Buckner and Marcus Williams, asso- ciates.

December, 1851-J. W. Redman, president ; Cyrus G. Sanders and Marcus Williams, as- sociates.

May 14, 1852-J. W. Redman, president ; Peleg Rush and Cyrus G. Sanders, associates.

An election for supervisors was held June 3. 1852, and the new board was organized as follows: Isaac N. Senter, chairman ; Fred E. Whitney, William E. Taylor, Jacob Gruwell, associates.

December 6, 1852-L. H. Bascom, chairman ; John B. Allen, A. M. Church, Levi Goodrich, Joseph C. Boyd, associates.

September 7, 1853-George Peck, chairman ; Daniel Murphy, R. G. Moody, William Dan- iels, W. Gallimore, associates.

In April, 1854, the court of sessions again took charge. It was composed as follows: R. B. Buckner, president ; Caswell Davis, Thomas Verintele, associates.

October 1, 1854-R. B. Buckner, president ; Caswell Davis, C. G. Thomas, associates.

On April 9, 1855, another board of super- visors was elected. The organization of the board from that time has been as follows: April 1, 1855 to November, 1855-Samuel llenderson, W. R. Bassham, Daniel Murphy. November, 1855, to November, 1856-W. R. Bassham, W. R. Bane, Samuel Morrison.

November, 1856, to October, 1857-Cary Peebels, China Smith, D. R. Douglas.

October, 1857, to October, 1858-Joseph H. Kincaid, Samuel A. Ballard, Albert Warthen.

October, 1858, to November, 1859-John M. Swinford, H. D. Coon, Eli Jones; Isaac Bran- ham served vice Jones.

November, 1859, to December, 1860-H. D. Coon, H. J. Bradley, Isaac Branham.

December, 1860, to October, 1861-H. J. Bradley, W. M. Williamson, H. D. Coon.

October, 1861, to November, 1862-H. J. Bradley, W. M. Williamson, J. H. Adams.

November, 1862, to March, 1864-W. M. Williamson, J. H. Adams, S. S. Johnson.

March, 1864, to March, 1866-John A. Quinby, Chapman Yates, L. Robinson, J. A. Perkins, Frank Sleeper.

March, 1866, to March, 1868-John A. Quinby, Frank Sleeper, John A. Perkins, J. Q. A. Ballou, Frank Cook.

March, 1868, to March, 1870-David Camp- bell, John Cook, William H. Hall, W. H. Patton, Oliver Cottle. (Cottle served vice Ballou, who resigned.)

March, 1870, to March, 1872-David Camp- bell, W. H. Hall, W. H. Patton, J. M. Battee, Samuel I. Jamison.

March, 1872, to March, 1874-J. M. Battee, William Paul, W. N. Furlong, S. I. Jamison, J. W. Boulware.

March, 1874, to March, 1876-J. M. Battee, W. N. Furlong, J. W. Boulware, Alfred Chew, William Paul, A. King, H. M. Leonard.

March, 1876, to March 1878-S. F. Ayer, W. H. Rogers, J. M. Battee, Alfred Chew, W. N. Furlong. A. King, H. M. Leonard.

March, 1878, to March, 1880-S. F. Ayer, W. H. Rogers, W. N. Furlong, John Weathers, J. H. M. Townsend, M. D. Kell, H. M. Leon- ard. (Townsend resigned in December, 1879, and was succeeded by James Snow.)

March, 1880, to February, 1883-S. F. Ayer, John Weathers, James Snow, M. D. Kell, H. M. Leonard, H. H. Main, Samuel Rea.

February, 1883-1885-W. E. Ward, H. Til- lotson, W. O. Watson, H. McCleary, Peter Donnelly, H. H. Main, S. A. Blythe.

March, 1885, to March, 1887-S. F. Ayer, W. A. Z. Edwards, A. Greeninger, W. O. Watson, Peter Donnelly.

March, 1887, to March, 1891-S. F. Ayer, W. A. Z. Edwards, A. Greeninger, W. O. Watson, James Phegley.

1891-1895-P. Donnelly, A. Greeninger, W. A. Z. Edwards, J. S. Whitehurst, William Erkson, S. F. Ayer.

1895-1897-A. Greeninger, George E. Rea, J. S. Selby, John Roll, S. F. Ayer.

1897-1899-Geo. E. Rea, Paul P. Austin, F. M. Stern, John Roll, S. F. Ayer.

1899-1904-F. W. Knowles, Geo. E. Rea, F. L. Cottle, John Roll, S. F. Ayer.

1904-1907-F. E. Mitchell, Ayer, Roll, Rea and A. L. Hubbard.

1907-1911-H. S. Hersman, H. M. Ayer, A. L. Hubbard, John Roll, F. E. Mitchell.

HISTORY OF SANTA CLARA COUNTY

From the last named date the following have held office continuously : Henry Hecker, A. L. Hubbard, H. M. Ayer, F. E. Mitchell, John Roll.

Settling Titles of Land Grants

At the time of the cession of California there was probably not a perfect title in the whole territory of Alta California. Under the terms of the treaty, however, the holders of these incomplete titles were to be permitted to go on and complete them under the laws of the United States: After the acquisition of Cali- fornia and after ascertaining the inchoate con- dition of the land grants and the importance of having them segregated from the public domain, and for the purpose of carrying out the provisions of the treaty of Guadalupe Hidalgo, an act was passed by the Congress of the United States on March 3, 1851, pro- viding for commissioners to be appointed by the President for the purpose of ascertaining and settling private land grants in California, with a right of appeal, by either the govern- ment or the claimant, to the U. S. District Court for the State of California, or to the U. S. Supreme Court. To this commission all claimants were required to present their petitions for the confirmation of their claims. Failure to so present them within a specified time after the passage of the act worked a forfeiture of the claim, which was afterward treated as a part of the public domain. Upon the confirmation of these claims surveys were made by the surveyor general and patents issued thereon.

Those lands which had not been granted by the Mexican Government were subject to the laws of the United States governing the dis- position of the public domain. Besides these two classes of land there was a third-the land granted to pueblos.

Under the plan of Tepic, Mexico, on the formation of each new pueblo in the New World, it was entitled, for its own use, for building purposes and for cultivation and pas- turage, to a square of land extending one league in each direction from the center of the plaza, making in all four square leagues. Where the topography of the country, either by reason of the juxtaposition of the sea or of mountain barriers, prevented the land be- ing taken in the form of a square, the four leagues were taken in some other form so as to include the pueblo.

On the settlement of the pueblo of San Jose, the Mission of Santa Clara having been es- tablished to the west, the Mission of San Jose to the north and east, and the Mission of San Juan to the south, it became necessary to designate the boundaries so that the jurisdic- 5

tion of the pueblo and the adjoining Missions should not conflict. From year to year the old inhabitants of the pueblo, in company with the younger persons in the community, were accustomed to go out and visit the monu- ments erected to designate these lines, and to cast additional stones upon them to keep them intact. The delimiting line between the pueblo and the Mission of San Jose ran from the mountains to the bay, about midway be- tween Warm Springs and the present town of Milpitas. On the west the Guadalupe River was fixed as the boundary, while the line be- tween the pueblo and the Mission of San Juan was fixed across the valley to the south in the vicinity of Las Llagas Creek.

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History of Santa Clara County California with biographical sketches, Part 8

Author: Sawyer, Eugene T Publication date: 1922 Publisher: Los Angeles : Historic Record Co. Number of Pages: 1934

Author: Sawyer, Eugene T
Publication date: 1922
Publisher: Los Angeles : Historic Record Co.
Number of Pages: 1934