History of Sonoma County : including its geology, topography, mountains, valleys, and streams, Part 14

Author: Alley, Bowen & Co. 4n
Publication date: 1880
Publisher: San Francisco : Alley, Bowen & Co.
Number of Pages: 1008


USA > California > Sonoma County > History of Sonoma County : including its geology, topography, mountains, valleys, and streams > Part 14


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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We find that at two o'clock on the morning of July 9th. Lieutenant Joseph Warren Revere, of the " Portsmouth, " left that ship in one of her boats, and reaching the garrison at Sonoma, did at noon of that day haul down the Bear Flag and raise in its place the stars and stripes; and at the same time forwarded one to Sutter's Fort by the hands of William Scott an ! ano her


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to Captain Stephen Smith at Bodega. Thus ended what was called the Bear Flag War.


The following is the Mexican account of the Bear Flag war :-


" About a year before the commencement of the war a band of adventurers, proceeding from the United States, and scattering over the vast territory of California, awaited only the signal of their Government to take the first step in the contest for usurpation. Various acts committed by these adventurers in violation of the laws of the country indicated their intentions. But unfor- tunately the authorities then existing, divided among themselves, neither desired nor knew how to arrest the tempest. In the month of July, 1846, Captain Fremont, an engineer of the U. S. A., entered the Mexican territory with a few mounted riflemen under the pretext of a scientific commission, and solicited and obtained from the Commandant-General, D. Jose Castro, per- mission to traverse the country. Three months afterwards, on the 19th of May (June 14th), that same force and their commander took possession by armed force, and surprised the important town of Sonoma, seizing all the artillery, ammunition, armaments, etc., which it contained.


" The adventurers scattered along the Sacramento river, amounting to about 400, 160 men having joined their force. They proclaimed for them- selves and on their own authority the independence of California, raising a rose- colored flag with a bear and a star. The result of this scandalous proceeding was the plundering of the property of some Mexicans and the assassination of others-three men shot as spies by Fremont, who, faithful to their duty to the country, wished to make resistance. The Commandant-General demanded explanations on the subject of the Commander of an American ship-of-war, the Portsmouth, anchored in the Bay of San Francisco; and although it was positively known that munitions of war, arms and clothing were sent on shore to the adventurers, the Commander, J. B. Montgomery, replied that 'neither the Government of the United States nor the subalterns had any part in the insurrection, and that the Mexican authorities ought, therefore, to punish its authors in conformity with the laws.'"


NOTK. - We find that it is still a moot question as to who actually brought the first news of the war to Fremont. The honor is claimed by Harry Bee and John Daubenbiss, who are stated to have gone by Livermore and there met the gallant colonel; but the above quoted observations purport to be Colonel Fremont's own.


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THE LEGISLATIVE HISTORY OF SONOMA COUNTY.


ITS ORGANIZATION AND POLITICAL HISTORY.


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, aristocratie 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 whom 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 afterward 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 appurten- ances 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


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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, elected their own officers, tried and decided civil and criminal causes, enacted all manner 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 topic in regard to the especial subject under review:


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 Cali- fornia, 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 Jose, on December 15, 1849, passed, on February 18, 1850, “An Act


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subdividing the State into counties and establishing seats of justice therein." This act was finally confirmed, April 25, 1851, and directed the boundaries of Sonoma county to be as follows :-


" Beginning on the sea-coast, at the mouth of Russian river, and following up the middle of said river to its source in the range of mountains called Mayacmas ; thence in a direct line to the north western corner of Napa county ; thence down and along the western boundary of Napa county to its termina- tion in Carnero mountains ; thence in a direct line to the nearest point of Carnero creek; thence down said creek to its entrance into Napa river; thence down the middle of Napa river to its mouth, excluding the island called Signor, or Mare Island; thence due south to the north line of Contra Costa county ; thence down the middle of said bay to the corner of Marin county ; thence following the boundary of said county to Petaluma creek; thence up said creek, following the boundary of Marin county, to the ocean, and three miles therein; thence in a northerly direction parallel with the coast to a point opposite the mouth of Russian river, and thence to said river which was the place of beginning." It was ordered that Sonoma should be the seat of justice.


Prior to this time the county had been included in the District of Sonoma, a division which had originated with the Mexican authorities during their power, and that included all the counties now between the bay of San Fran- cisco and the Oregon line, west of the Sacramento river ; it had not been interfered with on the accession of American rule, but retained the official designation given to it by the Spaniards.


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 ses- sions, assisted by two Justices of the Peace of the county as Associate Jus- tices, they being chosen by their brother justices from out of the whole 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 any law 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 make such orders as should be


.


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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 precincts ; 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 are 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 December, with quarterly sessions on the third Monday of February, May, August, and November of each year.


No records are to be found of how the county was partitioned at this date; but it is presumed that it had been divided into four townships, viz: Petaluma, Sonoma, Russian River, and Bodega. At any rate, we know that, in 1856, the county was apportioned into the townships of Sonoma, Vallejo, Petaluma, Analy, Santa Rosa, Russian River, Mendocino, Washington, Bodega, within the present boundaries, and Ukiah and Big River, in what is now Mendocino county.


By the Act of April 25, 1851, Mendocino was ordered to be attached, for judicial and revenue purposes, to Sonoma county, until a county government should be organized ; but it was not until March 11, 1859, that an Act was passed by the Legislature defining its boundaries and fixing its duties, the same enactment defining its southern boundary, and consequently the north- ern limit of Sonoma as the Valhalla river.


Though a thorough search of the archives of Sonoma has been made, no trace of the boundary lines of townships can be found until the year 1867, when the county was partitioned as follows :--


Anuly .- Commencing at the junction of the Laguna with Mark West creek ; thenee down Mark West creek to Russian river ; thence down Russian river to the mouth of "Dutch Bill's creek;" thence up said creek to its inter- section with the quarter-section line dividing Section 27, T. 7 N., R. 10 W .; thenee east on said quarter-seetion line to the range line between townships nine and ten west; thence south to the south line of the Jonive rancho; thence east one half mile; thence south on quarter-section line to the north line of the Rancho Canada de Pocolome; thence westerly on the north line of said rancho to the range line aforesaid; thence due south on said'line to the Estero Americano or county line; thence southeasterly along the county line


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to the Rancho Laguna de San Antonio; thence northeasterly on the northerly line of said rancho to the easterly line of the Blucher Rancho; thence north along the east line of Blucher Rancho, to the southwest corner of Lot No. 28 of the Rancho Roblas de la Miseria; thence due east to the Cotate line; thence on the Cotate line to its most westerly corner; thence northeasterly on the Cotate line to the middle of Section twenty-two; thence west one-half mile to the Petaluma and Santa Rosa road ; thence north to. the Laguna ; thence down said Laguna to the place of beginning.


Bodega .- Commencing at the mouth of " Dutch Bill's creek " on Russian River ; thence up said creek to its intersection with the quarter-section line dividing Section 27, T. 7 N., R. 10 W .; thence east on said quarter-sec- tion line to the range line between Townships nine and ten west ; thence south on said range line to the south line of the Jonive Rancho; thence east one half mile ; thence south, on quarter-section line to the north line of the Rancho Canada de Pocolome ; thence westerly along the north line of said Rancho to the range line aforesaid ; thence due south along said range line to the Estero Americano, or county line; thence down said Estero Americano to the Pacific Ocean ; thence up the coast northerly to the mouth of Russian river ; thence up said river to the place of beginning.


Cloverdale. - Commencing at the north-easterly corner of Sonoma county ; thence south-westerly on a straight line to the most north erly corner of the Tzabaco Rancho ; thence along the line of the Tzabaco Rancho across Rus- sian river to the most southerly corner of the Rancho Musalacon ; thence in a westerlydirection following the line of the Tzabaco Rancho to the top of the divide between Russian river and Dry creek ; thence in a north-westerly direc- tion following the top of said divide to the Prichett mountain; thence nearly west to the junction of Smith creek with Dry creek ; thence north-easterly fol- lowing the divide between said crecks to a point due south of the junction of Peter's creek with Dry creek ; thence due north to the said junction ; thence northerly following Peter's creek to the county line; thence following the county line easterly to the place of beginning.


Mendocino .- Commencing on the north-easterly line of the Sotoyome Rancho, at or near the mill of Lamphier and Alexander; thence south-west- erly along the road leading from said mill to Russian river; thence up said river to the north line of Township nine north, Range nine west, being at or near the north-east corner of Section three west, along said township line to the Tzabaco Rancho line ; thence north-easterly along said rancho line to the north-east corner of the Conolly Tract ; thence north-westerly along the line separating the sold from the unsold portion of the Tzabaco Rancho ( said line being at or near the summit of the divide separating Russian river and Dry creek ) to the northerly line of said Rancho ; thence following the top of divide between Dry creek and Russian river north-westerly to the top of


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Pritchett mountain ; thence nearly west to the junction of Smith creek with the main Dry creek; thence north-westerly following the divide between said creeks to a point due south of the junction of Peter's creek with Dry creek; thence north to the said junction ; thence northerly following Peter's creek to the county line; thence on the county line westerly to the head waters of the Valhalla, nearly north of Richardson's Rancho ; thence following said stream down to its junction with the first tributary west of Flat Ridge; thence following said tributary in a south-easterly direction to its source nearest Mount Tom; thence to the top of Mount Tom ; thence due south to a branch of the middle fork of the Valhalla south of Reagan's or Hawk Ridge; thence up said branch to the top of the ridge dividing the waters of Dry creek from the waters of the middle Valhalla; thence along said divide in a southerly direction to the head waters of the middle Valhalla; thence along said divide in a southerly direction to the head waters of the cast branch of Austin's creek ; thence down said creek to Russian river; thence up said river to Bedwell's upper line, excluding him ; thence east- erly on said Bedwell's upper line to the Sotoyome Rancho line ; thence northerly and westerly along the rancho line to the place of beginning.


Santa Rosa .- Commencing at the junction of the Laguna with Mark West creek; thence up said creek to its intersection with the county line about two miles south of Porter's; thence south-casterly on the county line to its intersection with main Sonoma creek; thence down Sonoma creek to its intersection with the south-easterly line of Los Guilicos Rancho about one and one-half miles south-easterly from Adler's house; thence following said line north sixty degrees west to the range line between six and seven west about half a mile west of Adler's house; thence south on said range line to the south-east corner of the north-east quarter of Section 24, T. 6 N., R. 7 W .; thence due west on quarter-section lines dividing sections 24, 23, 22, 21, 20, 19 of T. 6 N., R. 7 W., and sections 24, 23, 22 of T. 6 N., R. 8 W., to the Santa Rosa and Petaluma road via Gossages; thence north on said road to Laguna bridge; thence down the Laguna to its junction with Mark West creek.


Sonoma .- Commencing on the county line where the main Sonoma creek crosses the line; thence down said creek to its intersection of the south- easterly line of the Los Guilicos Rancho, about one and one-half miles south- easterly from Adler's house; thence following said line north, sixty degrees west, to the range line between Townships six and seven, about one-half mile west of Adler's house south on said range line to its intersection with the base line of Rowe's survey of the Petaluma Rancho near J. W. McKamy's; thence southerly along said base line to Dennis Murray's north line; thence easterly and southerly along Murray's boundary lines excluding Murray to Mrs. Nancy Hinkston's lands; thence easterly and southerly along


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said Mrs. Hinkston's northerly and easterly lines to J. McDevitt's land; thence easterly to J. MeDevitt's most northerly corner; thence southerly along the easterly lines of J. McDevitt and P. H. Pharris to the north- westerly line of Lot No. 50 of the Bihler purchase; thence southerly about one-third of a mile to the most westerly corner of said Lot; thence southerly on the south-westerly line of Lots Nos. 50, 51, 52, 53, 54, 55, 56, 57, 58 of the Bihler purchase; thence in the same direction to the mouth of Sonoma creek; thence up said Sonoma creek to the mouth of the Huichica creek; thence up Huichica creek to the county line; thence along the county line to the place of beginning.


Petaluma .- Commencing at the most southerly corner of the Cotate Rancho; thence north-westerly on the south-westerly line of said Rancho to the most easterly corner of Lot No. 30 of the Rancho Roblar de la Miseria; thence west, on the southerly line of Lots Nos. 30 and 38 to the west line of said rancho, near the south-east corner of C. E. Bartlett's land; thence south on the west line of the Roblar Rancho to the Rancho Laguna de San Anto- nio; thence south-westerly on the northerly line of the Rancho Laguna de San Antonio to the county line; thence following the county line south- easterly to the Petaluma creek; thence up Petaluma creek to the most west- erly corner of Lot No. 312 of the Petaluma Rancho, being the most westerly corner of said Rancho; thence north-easterly along the line of said Rancho to the place of beginning.


Vallejo .- Commencing at the north-east corner of the south-east quarter of section 24, T. 6 N., R. 7 W .; thence south on said range to its intersec- tion with the base line of Rowe's survey of the Petaluma Rancho, near J. W. MeKamy's; thence southerly along said base line to Dennis Murray's north line; thence easterly and southerly along Murray's lines, including Murray's, to Mrs. Nancy Hinkston's land; thence easterly and southerly along said Hinkston's northerly and easterly line to J. McDevitt's land; thence east erly to MeDevitt's most northerly corner; thence southerly along the east- erly lines of MeDevitt's and P. H. Pharris' to the north-westerly line of Lot No. 50 of the Bihler purchase ; thence south-westerly about one-third of a mile to the most westerly corner of said lot; thence southerly on the south- easterly line of lots Nos. 50, 51, 52, 53, 54, 55, 56, 57, 58 of the Bihler pur- chase; thence in the same direction to the mouth of Sonoma creek; thence following San Pablo bay around to the mouth of Petaluma creek; thence up said creek to the north-westerly corner of lot No. 312 of Petaluma Rancho ; thence northerly on the Petaluma Rancho line to the most southerly corner of the Cotate Rancho; thence north-westerly on said rancho line to its inter- section with the quarter-section line dividing Section 22, T. 6 N., R. 8 W; thence east on quarter-section line dividing Sections 22, 23, 24 of said township, and 19, 20, 21, 22, 23, 24 of T. 6 N., R. 7 W., to place of begin- ning.


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Russian River .- Commencing at the junction of Mark West creek and Russian River; thence up Mark West creek to its intersection with the range line between Townships seven and eight, about one mile south of Tar- water's house; thence north along said range line to the north-east corner of the south-east quarter of Section one; thence due west one and one-half miles to the center of Section two; thence north to the line of the Malcomes Rancho; thence on said rancho line north to its intersection with main Bed- well's creek ; thence down said creek to the Sotoyome Rancho line; thence westerly on said line to the northerly line of F. Bedwell's land; thence on said Bedwell's line, including him to Russian river; thence down said river to the place of beginning.




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